Make state operating appropriations for FY 2026-27

(136th General Assembly)

(Amended
Substitute House Bill Number 96)

AN
ACT

To amend sections 3.15, 9.03,
9.07, 9.239, 9.24, 9.27, 9.28, 9.312, 9.331, 9.334, 9.35, 9.67,
9.681, 9.821, 101.30, 101.352, 101.53, 101.63, 101.65, 101.82,
101.83, 101.84, 102.02, 103.05, 103.051, 103.13, 103.65, 106.02,
106.021, 106.023, 106.024, 106.031, 107.03, 107.032, 107.033, 107.12,
109.02, 109.71, 109.73, 109.77, 109.803, 111.15, 111.27, 113.05,
113.13, 113.40, 113.51, 113.53, 113.78, 117.11, 117.38, 117.44,
117.56, 119.03, 119.04, 120.06, 120.08, 121.02, 121.03, 121.085,
121.22, 121.35, 121.36, 121.37, 121.93, 121.931, 121.95, 121.951,
121.953, 122.09, 122.14, 122.175, 122.1710, 122.41, 122.42, 122.47,
122.49, 122.53, 122.571, 122.59, 122.631, 122.632, 122.633, 122.6510,
122.6511, 122.6512, 122.66, 122.67, 122.68, 122.681, 122.69, 122.70,
122.701, 122.702, 122.84, 122.85, 122.86, 123.10, 123.28, 123.281,
124.02, 124.07, 124.135, 124.1310, 124.1312, 124.152, 124.385,
125.01, 125.041, 125.071, 125.11, 125.111, 125.13, 125.183, 125.31,
125.42, 125.58, 125.95, 126.24, 126.42, 126.60, 126.62, 127.12,
127.13, 127.16, 128.021, 128.41, 128.46, 128.54, 131.01, 131.02,
131.35, 131.43, 131.50, 131.51, 133.18, 135.01, 135.03, 135.143,
135.18, 135.35, 135.70, 135.71, 141.04, 145.012, 145.054, 145.055,
145.09, 145.091, 145.99, 148.01, 148.02, 148.04, 148.041, 148.042,
148.05, 148.10, 149.011, 149.10, 149.30, 149.3010, 149.311, 149.38,
149.43, 153.01, 153.07, 153.08, 153.09, 153.12, 153.13, 153.14,
153.501, 153.502, 153.54, 153.59, 153.63, 153.693, 155.33, 155.34,
163.01, 164.01, 164.05, 164.06, 164.08, 164.14, 165.04, 166.01,
166.02, 166.03, 166.08, 166.12, 166.17, 169.01, 169.05, 169.08,
169.13, 173.38, 173.381, 173.391, 173.50, 173.525, 175.16, 175.17,
303.12, 305.021, 305.03, 306.32, 306.322, 306.43, 307.05, 307.673,
307.696, 307.697, 307.86, 307.985, 308.13, 311.14, 317.20, 319.04,
319.202, 319.301, 319.302, 321.03, 323.131, 323.152, 323.153,
323.155, 323.156, 323.158, 323.611, 325.18, 325.25, 340.01, 340.011,
340.02, 340.021, 340.022, 340.03, 340.032, 340.034, 340.036, 340.037,
340.04, 340.041, 340.05, 340.07, 340.08, 340.09, 340.12, 340.13,
340.16, 345.01, 345.03, 345.04, 349.01, 355.04, 501.09, 501.11,
504.14, 505.24, 505.37, 505.48, 505.481, 507.09, 507.12, 511.28,
511.34, 513.18, 519.12, 523.06, 703.331, 703.34, 717.051, 718.01,
718.031, 718.05, 718.12, 718.13, 718.19, 718.85, 718.88, 718.90,
718.91, 731.14, 731.141, 731.29, 733.81, 735.05, 742.043, 742.044,
742.99, 749.31, 755.181, 901.43, 904.02, 904.04, 905.32, 905.57,
907.13, 907.14, 909.01, 909.02, 909.07, 909.08, 909.09, 909.13,
911.02, 913.23, 915.16, 915.24, 921.01, 921.02, 921.06, 921.09,
921.11, 921.12, 921.13, 921.14, 921.16, 921.23, 921.24, 923.42,
923.44, 923.51, 924.01, 924.30, 924.51, 927.53, 928.02, 928.03,
928.04, 935.06, 935.07, 935.09, 935.10, 935.16, 935.17, 935.20,
935.24, 943.04, 943.16, 943.26, 943.99, 956.07, 956.10, 956.13,
956.16, 956.18, 956.21, 956.22, 956.23, 1311.04, 1311.252, 1317.05,
1317.06, 1321.21, 1347.08, 1509.02, 1509.07, 1509.071, 1509.13,
1509.36, 1509.38, 1517.11, 1531.01, 1533.10, 1533.11, 1533.111,
1533.13, 1533.131, 1533.32, 1545.041, 1545.21, 1546.04, 1547.54,
1548.06, 1561.13, 1561.16, 1561.23, 1561.46, 1561.48, 1701.04,
1701.07, 1703.041, 1707.01, 1707.14, 1707.47, 1711.30, 1713.03,
1901.123, 1901.26, 1907.143, 1907.24, 2101.11, 2101.16, 2108.34,
2151.27, 2151.311, 2151.316, 2151.356, 2151.3527, 2151.416,
2151.4115, 2151.421, 2151.423, 2151.424, 2151.45, 2151.451, 2151.452,
2151.453, 2152.26, 2303.12, 2303.201, 2303.26, 2307.66, 2329.66,
2501.16, 2743.03, 2907.15, 2913.401, 2915.01, 2917.211, 2919.171,
2919.19, 2921.13, 2921.36, 2921.41, 2925.14, 2933.32, 2949.12,
2951.041, 2953.32, 2967.14, 2967.18, 2967.26, 2967.271, 2967.28,
2969.13, 2981.02, 3101.08, 3105.171, 3105.63, 3107.01, 3107.012,
3107.031, 3107.033, 3107.034, 3107.062, 3107.063, 3107.064, 3107.065,
3107.38, 3107.391, 3109.14, 3109.171, 3109.172, 3109.173, 3109.178,
3115.201, 3119.01, 3121.441, 3123.89, 3123.90, 3301.01, 3301.02,
3301.03, 3301.06, 3301.071, 3301.074, 3301.079, 3301.0711, 3301.0712,
3301.0714, 3301.0715, 3301.0723, 3301.0727, 3301.136, 3301.17,
3301.541, 3301.57, 3302.03, 3302.034, 3302.20, 3302.42, 3305.05,
3305.053, 3307.044, 3307.05, 3307.06, 3307.07, 3307.073, 3307.074,
3307.10, 3307.11, 3307.27, 3307.99, 3309.073, 3309.074, 3309.47,
3309.99, 3310.033, 3310.41, 3310.51, 3310.52, 3310.58, 3310.64,
3311.053, 3311.50, 3313.27, 3313.413, 3313.46, 3313.489, 3313.5313,
3313.603, 3313.608, 3313.609, 3313.6013, 3313.6022, 3313.6028,
3313.618, 3313.6113, 3313.6114, 3313.64, 3313.753, 3313.90, 3313.975,
3313.98, 3314.011, 3314.013, 3314.015, 3314.016, 3314.017, 3314.02,
3314.021, 3314.03, 3314.034, 3314.038, 3314.05, 3314.07, 3314.08,
3314.19, 3314.191, 3314.261, 3314.29, 3314.35, 3314.351, 3314.36,
3314.361, 3314.381, 3314.382, 3315.18, 3315.181, 3316.031, 3316.041,
3316.043, 3316.06, 3316.08, 3316.16, 3317.01, 3317.011, 3317.012,
3317.014, 3317.016, 3317.017, 3317.018, 3317.019, 3317.0110, 3317.02,
3317.021, 3317.022, 3317.024, 3317.026, 3317.0212, 3317.0213,
3317.0215, 3317.0217, 3317.03, 3317.035, 3317.051, 3317.06, 3317.11,
3317.16, 3317.161, 3317.162, 3317.163, 3317.20, 3317.201, 3317.22,
3317.25, 3318.01, 3318.032, 3318.051, 3318.06, 3318.061, 3318.062,
3318.063, 3318.12, 3318.361, 3318.40, 3318.45, 3318.48, 3319.073,
3319.088, 3319.111, 3319.223, 3319.236, 3319.263, 3319.29, 3319.301,
3319.311, 3319.51, 3320.04, 3321.16, 3321.19, 3321.22, 3323.32,
3325.08, 3325.16, 3325.17, 3326.11, 3326.44, 3326.51, 3327.017,
3327.08, 3327.10, 3328.16, 3328.24, 3332.081, 3333.04, 3333.041,
3333.129, 3333.13, 3333.131, 3333.132, 3333.133, 3333.134, 3333.135,
3333.164, 3333.24, 3333.374, 3334.11, 3335.39, 3339.06, 3344.07,
3345.06, 3345.382, 3345.48, 3345.591, 3345.71, 3345.74, 3345.75,
3352.16, 3354.19, 3358.08, 3358.11, 3364.07, 3365.15, 3375.15,
3375.22, 3375.30, 3375.39, 3375.92, 3379.03, 3379.12, 3381.03,
3381.11, 3381.17, 3501.01, 3501.02, 3501.05, 3501.12, 3501.17,
3501.28, 3505.03, 3505.04, 3505.06, 3505.33, 3505.38, 3513.04,
3513.05, 3513.052, 3513.10, 3513.19, 3517.01, 3517.08, 3517.081,
3517.092, 3517.10, 3517.102, 3517.103, 3517.104, 3517.108, 3517.109,
3517.1012, 3517.11, 3517.121, 3517.13, 3517.152, 3517.153, 3517.154,
3517.155, 3517.157, 3517.20, 3517.21, 3517.22, 3517.23, 3517.992,
3517.993, 3701.021, 3701.033, 3701.045, 3701.511, 3701.65, 3701.79,
3701.841, 3704.01, 3704.03, 3704.031, 3704.09, 3704.111, 3704.14,
3705.126, 3705.16, 3705.17, 3706.01, 3709.15, 3715.021, 3717.071,
3718.02, 3718.04, 3719.04, 3721.32, 3728.01, 3734.021, 3734.05,
3734.57, 3734.79, 3734.901, 3734.904, 3734.907, 3735.67, 3735.671,
3737.83, 3738.01, 3738.03, 3738.04, 3738.06, 3738.08, 3738.09,
3742.32, 3742.50, 3743.04, 3743.06, 3743.17, 3743.19, 3743.25,
3743.60, 3743.61, 3743.63, 3743.65, 3745.11, 3745.21, 3748.13,
3750.02, 3769.088, 3770.071, 3770.072, 3770.073, 3770.10, 3770.12,
3770.121, 3770.13, 3770.25, 3772.02, 3775.16, 3780.02, 3780.03,
3780.06, 3780.10, 3780.24, 3780.26, 3780.30, 3781.10, 3781.102,
3781.1011, 3901.90, 3902.70, 3905.426, 3905.72, 3923.443, 3951.03,
3959.01, 3959.111, 4112.055, 4117.08, 4117.10, 4141.01, 4141.02,
4141.162, 4141.23, 4141.281, 4141.29, 4141.33, 4141.56, 4141.60,
4301.12, 4301.19, 4301.30, 4301.421, 4303.181, 4303.183, 4303.204,
4303.2011, 4303.233, 4305.131, 4501.027, 4501.21, 4501.29, 4501.30,
4501.302, 4503.038, 4503.06, 4503.0610, 4503.0611, 4503.10, 4503.102,
4503.29, 4503.41, 4503.579, 4503.91, 4505.07, 4505.09, 4506.01,
4506.05, 4506.07, 4506.13, 4506.131, 4506.14, 4507.061, 4507.08,
4507.09, 4507.21, 4507.40, 4507.53, 4508.02, 4509.06, 4509.07,
4509.101, 4509.70, 4511.01, 4511.75, 4511.76, 4511.77, 4511.771,
4511.78, 4517.01, 4517.52, 4517.60, 4519.59, 4582.024, 4582.26,
4701.01, 4701.04, 4701.16, 4707.024, 4723.28, 4723.483, 4723.4811,
4725.48, 4729.01, 4729.49, 4729.52, 4729.53, 4729.54, 4729.541,
4729.56, 4729.561, 4729.60, 4729.80, 4729.901, 4729.902, 4729.921,
4730.25, 4730.433, 4730.437, 4730.99, 4731.22, 4731.2210, 4731.92,
4731.96, 4731.99, 4735.01, 4735.06, 4735.09, 4735.55, 4735.56,
4735.80, 4740.06, 4741.04, 4743.05, 4743.10, 4749.01, 4751.20,
4751.24, 4751.25, 4758.01, 4758.02, 4758.03, 4758.10, 4758.13,
4758.20, 4758.22, 4758.221, 4758.23, 4758.24, 4758.27, 4758.30,
4758.31, 4758.35, 4758.36, 4758.39, 4758.40, 4758.41, 4758.42,
4758.43, 4758.44, 4758.45, 4758.52, 4758.54, 4758.55, 4758.56,
4758.57, 4758.59, 4758.99, 4759.07, 4759.99, 4760.13, 4760.99,
4761.09, 4761.99, 4762.13, 4762.99, 4765.11, 4765.55, 4767.10,
4772.20, 4772.21, 4772.23, 4772.99, 4774.13, 4774.99, 4778.14,
4778.99, 4785.041, 4903.10, 4905.311, 4906.07, 4911.18, 4921.01,
4923.01, 4927.01, 4928.05, 4928.06, 4928.102, 4928.34, 4928.43,
4928.51, 4928.52, 4928.53, 4928.54, 4928.542, 4928.543, 4928.544,
4928.55, 4928.56, 4928.58, 4928.61, 4928.62, 4928.63, 4928.66,
4928.75, 4928.86, 4981.02, 5101.101, 5101.13, 5101.131, 5101.132,
5101.133, 5101.134, 5101.135, 5101.136, 5101.137, 5101.14, 5101.141,
5101.142, 5101.145, 5101.146, 5101.1410, 5101.1411, 5101.1412,
5101.1413, 5101.1414, 5101.1415, 5101.1416, 5101.1417, 5101.1418,
5101.19, 5101.191, 5101.192, 5101.193, 5101.194, 5101.211, 5101.212,
5101.215, 5101.222, 5101.242, 5101.26, 5101.272, 5101.273, 5101.28,
5101.30, 5101.33, 5101.342, 5101.35, 5101.351, 5101.38, 5101.461,
5101.542, 5101.80, 5101.801, 5101.802, 5101.805, 5101.85, 5101.853,
5101.854, 5101.856, 5101.88, 5101.885, 5101.886, 5101.887, 5101.8812,
5101.89, 5101.891, 5101.892, 5101.893, 5101.894, 5101.895, 5101.897,
5101.899, 5101.98, 5101.99, 5103.02, 5103.021, 5103.0329, 5103.15,
5103.155, 5103.18, 5103.30, 5103.32, 5103.41, 5104.01, 5104.12,
5104.29, 5104.30, 5104.32, 5104.34, 5104.36, 5104.37, 5104.38,
5104.41, 5104.50, 5104.99, 5117.07, 5117.12, 5119.01, 5119.011,
5119.04, 5119.05, 5119.051, 5119.06, 5119.07, 5119.08, 5119.091,
5119.10, 5119.11, 5119.14, 5119.141, 5119.15, 5119.161, 5119.17,
5119.18, 5119.181, 5119.182, 5119.184, 5119.185, 5119.186, 5119.187,
5119.188, 5119.19, 5119.20, 5119.201, 5119.21, 5119.22, 5119.221,
5119.23, 5119.24, 5119.25, 5119.27, 5119.28, 5119.29, 5119.30,
5119.31, 5119.311, 5119.32, 5119.33, 5119.331, 5119.332, 5119.333,
5119.334, 5119.34, 5119.342, 5119.343, 5119.35, 5119.36, 5119.362,
5119.363, 5119.364, 5119.365, 5119.366, 5119.367, 5119.368, 5119.37,
5119.371, 5119.38, 5119.39, 5119.391, 5119.392, 5119.393, 5119.394,
5119.395, 5119.397, 5119.40, 5119.41, 5119.42, 5119.421, 5119.43,
5119.431, 5119.44, 5119.45, 5119.46, 5119.47, 5119.48, 5119.49,
5119.50, 5119.51, 5119.52, 5119.54, 5119.55, 5119.56, 5119.60,
5119.61, 5119.71, 5119.82, 5119.85, 5119.89, 5119.90, 5119.99,
5120.034, 5120.035, 5120.16, 5120.173, 5120.21, 5120.51, 5121.30,
5121.32, 5121.33, 5121.34, 5121.41, 5121.43, 5122.01, 5122.03,
5122.10, 5122.15, 5122.20, 5122.21, 5122.23, 5122.26, 5122.27,
5122.31, 5122.32, 5122.33, 5122.341, 5122.36, 5122.44, 5122.45,
5122.46, 5122.47, 5123.081, 5123.16, 5123.168, 5123.169, 5123.191,
5123.41, 5123.42, 5123.47, 5124.15, 5139.05, 5139.08, 5139.12,
5139.14, 5139.34, 5145.162, 5153.10, 5153.122, 5153.16, 5153.163,
5160.37, 5162.13, 5162.132, 5162.133, 5162.134, 5162.136, 5162.1310,
5162.70, 5162.82, 5163.03, 5163.091, 5163.093, 5163.094, 5163.098,
5163.30, 5163.33, 5165.19, 5165.192, 5165.26, 5166.03, 5167.01,
5167.03, 5167.123, 5167.24, 5168.08, 5168.11, 5168.22, 5168.25,
5168.90, 5180.14, 5180.17, 5180.20, 5180.21, 5180.22, 5310.06,
5310.47, 5323.02, 5501.91, 5502.262, 5502.29, 5502.30, 5502.41,
5503.02, 5505.045, 5505.046, 5505.99, 5525.03, 5537.01, 5537.02,
5537.03, 5537.27, 5540.02, 5595.02, 5701.11, 5703.052, 5703.19,
5703.21, 5703.37, 5703.70, 5705.01, 5705.03, 5705.12, 5705.121,
5705.13, 5705.131, 5705.132, 5705.14, 5705.194, 5705.199, 5705.21,
5705.212, 5705.213, 5705.215, 5705.217, 5705.218, 5705.219,
5705.2111, 5705.2114, 5705.221, 5705.222, 5705.233, 5705.25,
5705.251, 5705.261, 5705.27, 5705.28, 5705.29, 5705.30, 5705.31,
5705.314, 5705.32, 5705.321, 5705.35, 5705.36, 5705.37, 5705.38,
5705.391, 5705.40, 5705.412, 5705.55, 5709.081, 5709.212, 5709.92,
5709.93, 5715.19, 5717.01, 5725.01, 5725.23, 5725.35, 5725.38,
5726.03, 5726.20, 5726.61, 5726.98, 5727.111, 5727.26, 5727.38,
5727.42, 5727.47, 5727.48, 5727.89, 5728.10, 5729.10, 5729.18,
5729.21, 5735.12, 5736.09, 5739.01, 5739.011, 5739.02, 5739.03,
5739.07, 5739.09, 5739.092, 5739.101, 5739.12, 5739.13, 5739.132,
5739.31, 5743.021, 5743.024, 5743.081, 5743.323, 5743.52, 5743.54,
5743.55, 5743.56, 5743.57, 5743.59, 5743.60, 5743.62, 5743.63,
5743.64, 5745.03, 5745.04, 5745.09, 5745.12, 5747.01, 5747.02,
5747.021, 5747.025, 5747.05, 5747.062, 5747.063, 5747.064, 5747.07,
5747.071, 5747.08, 5747.09, 5747.10, 5747.13, 5747.38, 5747.39,
5747.40, 5747.43, 5747.502, 5747.51, 5747.72, 5747.85, 5747.86,
5747.98, 5748.01, 5748.02, 5748.021, 5748.03, 5748.04, 5748.08,
5748.081, 5748.09, 5749.02, 5749.07, 5751.02, 5751.09, 5751.53,
5751.98, 5753.031, 5753.07, 5907.11, 5907.17, 5923.30, 6101.53,
6101.54, 6101.55, 6111.01, and 6111.04; to amend, for the purpose of
adopting new section numbers as indicated in parentheses, sections
103.412 (103.411), 103.414 (103.412), 103.73 (109.39), 122.66
(5101.311), 122.67 (5101.312), 122.68 (5101.313), 122.681 (5101.314),
122.69 (5101.315), 122.70 (5101.316), 122.701 (5101.317), 122.702
(5101.318), 3517.152 (3517.14), 3517.153 (3517.15), 3517.154
(3517.16), 3517.155 (3517.17), 3517.157 (3517.18), 3517.992
(3517.99), 3517.993 (3517.171), 3701.65 (5180.72), 3738.01 (5180.27),
3738.02 (5180.271), 3738.03 (5180.272), 3738.04 (5180.273), 3738.05
(5180.274), 3738.06 (5180.275), 3738.07 (5180.276), 3738.08
(5180.277), 3738.09 (5180.278), 5101.13 (5180.40), 5101.131
(5180.401), 5101.132 (5180.402), 5101.133 (5180.403), 5101.134
(5180.404), 5101.135 (5180.405), 5101.136 (5180.406), 5101.137
(5180.407), 5101.14 (5180.41), 5101.141 (5180.42), 5101.142
(5180.421), 5101.144 (5180.411), 5101.145 (5180.422), 5101.146
(5180.423), 5101.147 (5180.424), 5101.148 (5180.425), 5101.149
(5180.426), 5101.1410 (5180.427), 5101.1411 (5180.428), 5101.1412
(5180.429), 5101.1413 (5180.4210), 5101.1414 (5180.4211), 5101.1415
(5180.4212), 5101.1416 (5180.4213), 5101.1417 (5180.4214), 5101.1418
(5180.43), 5101.15 (5180.44), 5101.19 (5180.45), 5101.191 (5180.451),
5101.192 (5180.452), 5101.193 (5180.453), 5101.194 (5180.454),
5101.34 (5180.70), 5101.341 (5180.701), 5101.342 (5180.702), 5101.343
(5180.703), 5101.76 (5180.26), 5101.77 (5180.261), 5101.78
(5180.262), 5101.802 (5180.52), 5101.804 (5180.71), 5101.805
(5180.704), 5101.85 (5180.50), 5101.851 (5180.51), 5101.853
(5180.511), 5101.854 (5180.512), 5101.855 (5180.513), 5101.856
(5180.514), 5101.88 (5180.53), 5101.881 (5180.531), 5101.884
(5180.532), 5101.885 (5180.533), 5101.886 (5180.534), 5101.887
(5180.535), 5101.889 (5180.57), 5101.8811 (5180.536), 5101.8812
(5180.56), 5104.50 (5180.04), and 5180.40 (5180.73); to enact new
sections 103.41, 107.034, 3313.902, 3313.905, 3314.38, 3321.191,
3333.0415, 3345.86, 3517.991, and 3780.22 and sections 5.62, 9.05,
9.561, 9.64, 9.691, 106.025, 106.026, 106.033, 111.29, 118.29,
121.16, 122.1712, 122.1713, 122.636, 122.97, 122.98, 122.981, 123.14,
123.282, 123.283, 123.30, 124.184, 125.052, 126.024, 126.10, 126.17,
126.67, 131.026, 135.1411, 148.021, 173.503, 319.304, 731.291,
924.212, 943.27, 1310.251, 1349.10, 1349.101, 1501.022, 1501.023,
1501.46, 1501.47, 1509.075, 1513.371, 1546.25, 1546.26, 1713.032,
1713.033, 1713.041, 3301.24, 3301.82, 3310.037, 3310.21, 3310.22,
3310.23, 3310.24, 3310.25, 3310.26, 3310.412, 3310.413, 3310.523,
3311.242, 3313.536, 3313.6031, 3313.6032, 3313.7118, 3314.093,
3314.362, 3315.063, 3317.165, 3317.27, 3317.28, 3317.29, 3317.31,
3319.173, 3319.2310, 3321.043, 3332.17, 3332.21, 3332.22, 3333.0420,
3333.053, 3333.074, 3333.1210, 3333.952, 3333.96, 3333.97, 3345.457,
3345.58, 3345.601, 3345.721, 3345.83, 3345.89, 3375.47, 3501.055,
3701.88, 3704.0310, 3707.61, 3721.074, 3722.15, 3727.46, 3743.48,
3770.074, 3770.075, 3780.37, 3901.047, 3901.3815, 3902.631, 3959.121,
4113.31, 4141.011, 4141.08, 4517.521, 4561.03, 4582.72, 4582.73,
4729.261, 4731.256, 4741.041, 4927.22, 4928.545, 5101.042, 5101.543,
5101.548, 5101.549, 5101.612, 5101.95, 5103.039, 5103.0520, 5103.09,
5104.302, 5104.53, 5104.54, 5104.60, 5119.211, 5119.344, 5119.345,
5123.1613, 5123.423, 5126.222, 5145.32, 5162.08, 5162.14, 5162.25,
5162.251, 5163.04, 5163.104, 5163.11, 5163.50, 5164.093, 5166.50,
5167.09, 5180.705, 5180.706, 5180.707, 5180.99, 5303.34, 5703.83,
5705.17, 5705.316, 5705.60, 5709.89, 5726.62, 5743.511, 5743.521,
5743.621, 5743.631, 5747.073, 5747.124, and 5747.87; and to repeal
sections 9.47, 101.38, 103.053, 103.054, 103.24, 103.41, 103.411,
103.413, 103.415, 103.60, 103.71, 103.72, 103.74, 103.75, 103.76,
103.77, 103.78, 103.79, 107.034, 113.06, 113.78, 117.113, 117.251,
117.441, 117.51, 122.451, 122.55, 122.56, 122.561, 122.57, 122.852,
125.181, 125.36, 125.38, 125.43, 125.49, 125.51, 125.56, 125.65,
125.76, 125.95, 128.412, 135.144, 501.03, 904.06, 905.56, 935.25,
956.181, 1561.18, 1561.21, 1561.22, 2919.1910, 3313.902, 3313.905,
3314.38, 3314.50, 3317.0218, 3317.036, 3317.071, 3317.23, 3317.231,
3317.24, 3321.191, 3333.0415, 3333.303, 3333.373, 3333.801, 3345.86,
3354.24, 3379.10, 3513.254, 3513.255, 3513.256, 3513.259, 3517.14,
3517.151, 3517.156, 3517.99, 3517.991, 3701.0212, 3701.051, 3780.18,
3780.19, 3780.22, 3780.23, 4115.31, 4115.32, 4115.33, 4115.34,
4115.35, 4115.36, 4729.551, 4758.18, 4758.241, 4758.50, 4928.57,
4928.581, 4928.582, 4928.583, 5104.08, 5123.352, 5160.23, 5163.05,
5165.261, 5166.45, 5180.23, 5180.24, 5180.34, 5310.05, 5310.06,
5310.07, 5310.08, 5310.09, 5310.10, 5310.11, 5310.12, 5310.13,
5310.14, 5537.24, 5705.192, 5705.195, 5705.196, 5705.197, 5726.59,
5739.071, 5747.29, 5747.67, 5747.75, 5751.55, 5902.06, and 5902.20 of
the Revised Code and to amend Section 755.60 of H.B. 54 of the 136th
General Assembly, Sections 200.30 as subsequently amended, 207.37,
221.15 as subsequently amended, 243.10 as subsequently amended,
363.10, 371.20 as subsequently amended, and 373.15 as subsequently
amended of H.B. 2 of the 135th General Assembly, Section 265.550 of
H.B. 33 of the 135th General Assembly as subsequently amended,
Section 14 of H.B. 238 of the 135th General Assembly, Section 270.14
of H.B. 45 of the 134th General Assembly as subsequently amended, and
Section 5 of H.B. 554 of the 134th General Assembly as subsequently
amended; to amend Section 733.61 of H.B. 166 of the 133rd General
Assembly as subsequently amended to codify it as section 3313.6033 of
the Revised Code; and to repeal Sections 335.20 and 757.60 of H.B. 33
of the 135th General Assembly, Section 6 of H.B. 150 of the 134th
General Assembly, Section 5 of S.B. 202 of the 134th General
Assembly, and Sections 125.10 as subsequently amended and 125.11 as
subsequently amended of H.B. 59 of the 130th General Assembly to make
operating appropriations for the biennium beginning July 1, 2025, and
ending June 30, 2027, to levy taxes, and to provide authorization and
conditions for the operation of state programs.

Be
it enacted by the General Assembly of the State of Ohio:

Section
101.01.
That
sections
3.15,

9.03,
9.07, 9.239, 9.24
,
9.27
,
9.28, 9.312, 9.331, 9.334, 9.35
,
9.67
,
9.681, 9.821
,
101.30
,
101.352, 101.53, 101.63, 101.65, 101.82, 101.83, 101.84, 102.02,
103.05, 103.051,
103.13
,

103.65
,

106.02
,
106.021
,
106.023, 106.024, 106.031
,
107.03, 107.032, 107.033, 107.12, 109.02, 109.71, 109.73, 109.77,
109.803, 111.15, 111.27, 113.05, 113.13, 113.40, 113.51, 113.53,
113.78, 117.11, 117.38, 117.44
,
117.56, 119.03
,
119.04, 120.06, 120.08, 121.02, 121.03, 121.085, 121.22, 121.35,
121.36, 121.37, 121.93, 121.931, 121.95, 121.951, 121.953, 122.09,
122.14, 122.175, 122.1710, 122.41, 122.42, 122.47, 122.49, 122.53,
122.571, 122.59, 122.631, 122.632, 122.633, 122.6510, 122.6511,
122.6512, 122.66, 122.67, 122.68, 122.681, 122.69, 122.70, 122.701
,
122.702
,
122.84, 122.85, 122.86, 123.10, 123.28, 123.281, 124.02, 124.07,
124.135, 124.1310, 124.1312, 124.152
,
124.385
,
125.01, 125.041, 125.071, 125.11, 125.111
,
125.13
,
125.183, 125.31, 125.42, 125.58,
125.95
,
126.24, 126.42, 126.60, 126.62, 127.12, 127.13, 127.16, 128.021,
128.41, 128.46, 128.54, 131.01, 131.02, 131.35, 131.43
,
131.50
,
131.51, 133.18
,
135.01
,
135.03, 135.143, 135.18, 135.35, 135.70, 135.71, 141.04, 145.012,
145.054, 145.055, 145.09, 145.091, 145.99, 148.01, 148.02, 148.04,
148.041, 148.042, 148.05, 148.10, 149.011, 149.10, 149.30
,
149.3010
,
149.311, 149.38, 149.43, 153.01, 153.07, 153.08, 153.09, 153.12,
153.13, 153.14, 153.501, 153.502, 153.54, 153.59, 153.63, 153.693,
155.33, 155.34, 163.01, 164.01, 164.05, 164.06, 164.08, 164.14,
165.04, 166.01, 166.02, 166.03, 166.08, 166.12, 166.17, 169.01,
169.05, 169.08, 169.13, 173.38, 173.381, 173.391
,
173.50
,
173.525, 175.16, 175.17, 303.12, 305.021, 305.03, 306.32, 306.322,
306.43, 307.05, 307.673, 307.696, 307.697, 307.86, 307.985, 308.13,
311.14, 317.20, 319.04, 319.202, 319.301, 319.302, 321.03, 323.131,
323.152
,
323.153, 323.155, 323.156, 323.158
,
323.611, 325.18, 325.25, 340.01, 340.011, 340.02, 340.021, 340.022,
340.03, 340.032, 340.034, 340.036, 340.037, 340.04, 340.041, 340.05,
340.07, 340.08, 340.09, 340.12, 340.13, 340.16, 345.01, 345.03,
345.04, 349.01
,
355.04
,
501.09, 501.11, 504.14, 505.24, 505.37, 505.48, 505.481, 507.09,
507.12, 511.28, 511.34, 513.18, 519.12, 523.06, 703.331, 703.34,
717.051, 718.01, 718.031, 718.05, 718.12, 718.13, 718.19, 718.85,
718.88, 718.90, 718.91, 731.14, 731.141, 731.29, 733.81, 735.05,
742.043, 742.044, 742.99, 749.31, 755.181, 901.43, 904.02, 904.04,
905.32, 905.57, 907.13, 907.14
,
909.01, 909.02, 909.07, 909.08, 909.09, 909.13
,
911.02, 913.23, 915.16, 915.24
,
921.01, 921.02, 921.06, 921.09, 921.11, 921.12, 921.13, 921.14,
921.16, 921.23, 921.24
,
923.42, 923.44, 923.51, 924.01, 924.30, 924.51, 927.53, 928.02,
928.03, 928.04, 935.06, 935.07, 935.09, 935.10, 935.16, 935.17,
935.20, 935.24, 943.04, 943.16, 943.26, 943.99, 956.07, 956.10,
956.13, 956.16, 956.18, 956.21, 956.22, 956.23
,
1311.04
,
1311.252, 1317.05, 1317.06, 1321.21, 1347.08, 1509.02, 1509.07,
1509.071, 1509.13, 1509.36, 1509.38, 1517.11, 1531.01, 1533.10,
1533.11, 1533.111, 1533.13, 1533.131, 1533.32, 1545.041, 1545.21,
1546.04, 1547.54, 1548.06
,
1561.13, 1561.16, 1561.23, 1561.46, 1561.48
,
1701.04, 1701.07, 1703.041, 1707.01, 1707.14, 1707.47, 1711.30,
1713.03, 1901.123, 1901.26, 1907.143, 1907.24, 2101.11, 2101.16,
2108.34, 2151.27, 2151.311, 2151.316
,
2151.356
,
2151.3527, 2151.416, 2151.4115, 2151.421, 2151.423, 2151.424,
2151.45, 2151.451, 2151.452, 2151.453, 2152.26, 2303.12, 2303.201,
2303.26
,
2307.66
,
2329.66, 2501.16, 2743.03, 2907.15, 2913.401, 2915.01
,
2917.211
,
2919.171, 2919.19, 2921.13
,
2921.36
,
2921.41, 2925.14, 2933.32
,
2949.12
,
2951.041
,
2953.32, 2967.14, 2967.18, 2967.26, 2967.271
,
2967.28, 2969.13
,
2981.02
,
3101.08, 3105.171, 3105.63, 3107.01, 3107.012, 3107.031, 3107.033,
3107.034, 3107.062, 3107.063, 3107.064, 3107.065, 3107.38, 3107.391,
3109.14, 3109.171, 3109.172, 3109.173, 3109.178, 3115.201, 3119.01,
3121.441, 3123.89, 3123.90
,
3301.01, 3301.02, 3301.03, 3301.06
,
3301.071, 3301.074, 3301.079, 3301.0711, 3301.0712, 3301.0714,
3301.0715, 3301.0723, 3301.0727, 3301.136, 3301.17, 3301.541,
3301.57, 3302.03, 3302.034, 3302.20, 3302.42, 3305.05, 3305.053
,
3307.044, 3307.05, 3307.06, 3307.07
,
3307.073, 3307.074
,
3307.10, 3307.11
,
3307.27, 3307.99, 3309.073, 3309.074, 3309.47, 3309.99, 3310.033,
3310.41, 3310.51, 3310.52, 3310.58, 3310.64, 3311.053, 3311.50,
3313.27, 3313.413, 3313.46, 3313.489, 3313.5313,
3313.603
,
3313.608, 3313.609, 3313.6013, 3313.6022, 3313.6028, 3313.618,
3313.6113, 3313.6114, 3313.64, 3313.753, 3313.90
,
3313.975
,
3313.98, 3314.011, 3314.013, 3314.015, 3314.016, 3314.017, 3314.02,
3314.021, 3314.03, 3314.034, 3314.038, 3314.05, 3314.07, 3314.08,
3314.19, 3314.191, 3314.261, 3314.29, 3314.35, 3314.351, 3314.36,
3314.361, 3314.381, 3314.382, 3315.18, 3315.181, 3316.031, 3316.041,
3316.043, 3316.06, 3316.08, 3316.16, 3317.01, 3317.011, 3317.012,
3317.014, 3317.016, 3317.017, 3317.018, 3317.019, 3317.0110, 3317.02,
3317.021, 3317.022, 3317.024, 3317.026, 3317.0212, 3317.0213,
3317.0215, 3317.0217
,
3317.03
,
3317.035, 3317.051, 3317.06, 3317.11, 3317.16, 3317.161, 3317.162,
3317.163, 3317.20, 3317.201, 3317.22, 3317.25, 3318.01
,
3318.032
,
3318.051, 3318.06, 3318.061, 3318.062, 3318.063, 3318.12, 3318.361,
3318.40, 3318.45, 3318.48, 3319.073, 3319.088, 3319.111, 3319.223,
3319.236, 3319.263, 3319.29, 3319.301, 3319.311, 3319.51, 3320.04,
3321.16, 3321.19, 3321.22, 3323.32, 3325.08, 3325.16, 3325.17,
3326.11, 3326.44, 3326.51
,
3327.017
,
3327.08, 3327.10, 3328.16, 3328.24, 3332.081, 3333.04,
3333.041
,
3333.129, 3333.13, 3333.131, 3333.132, 3333.133, 3333.134, 3333.135,
3333.164, 3333.24, 3333.374, 3334.11, 3335.39, 3339.06, 3344.07,
3345.06, 3345.382, 3345.48, 3345.591, 3345.71, 3345.74, 3345.75,
3352.16, 3354.19, 3358.08, 3358.11, 3364.07, 3365.15, 3375.15,
3375.22, 3375.30, 3375.39, 3375.92, 3379.03, 3379.12, 3381.03,
3381.11, 3381.17, 3501.01
,
3501.02
,
3501.05, 3501.12, 3501.17, 3501.28, 3505.03, 3505.04, 3505.06
,
3505.33, 3505.38
,
3513.04, 3513.05, 3513.052, 3513.10, 3513.19, 3517.01, 3517.08,
3517.081
,
3517.092
,
3517.10, 3517.102,
3517.103
,

3517.104
,

3517.108
,
3517.109, 3517.1012, 3517.11, 3517.121, 3517.13, 3517.152, 3517.153,
3517.154, 3517.155, 3517.157, 3517.20, 3517.21, 3517.22, 3517.23,
3517.992, 3517.993, 3701.021, 3701.033, 3701.045, 3701.511, 3701.65,
3701.79, 3701.841
,
3704.01, 3704.03, 3704.031, 3704.09, 3704.111
,
3704.14, 3705.126, 3705.16, 3705.17, 3706.01, 3709.15
,
3715.021
,
3717.071, 3718.02, 3718.04, 3719.04, 3721.32, 3728.01, 3734.021,
3734.05, 3734.57, 3734.79, 3734.901
,
3734.904
,
3734.907, 3735.67, 3735.671, 3737.83, 3738.01, 3738.03, 3738.04,
3738.06, 3738.08, 3738.09, 3742.32
,
3742.50
,
3743.04, 3743.06, 3743.17, 3743.19, 3743.25, 3743.60, 3743.61,
3743.63, 3743.65, 3745.11, 3745.21, 3748.13, 3750.02, 3769.088,
3770.071, 3770.072, 3770.073, 3770.10, 3770.12, 3770.121, 3770.13,
3770.25, 3772.02, 3775.16, 3780.02, 3780.03, 3780.06, 3780.10,
3780.24, 3780.26, 3780.30, 3781.10, 3781.102, 3781.1011,
3901.90
,
3902.70, 3905.426, 3905.72, 3923.443, 3951.03, 3959.01, 3959.111,

4112.055
,
4117.08, 4117.10, 4141.01, 4141.02, 4141.162, 4141.23, 4141.281,
4141.29, 4141.33, 4141.56, 4141.60, 4301.12, 4301.19, 4301.30,
4301.421, 4303.181, 4303.183, 4303.204, 4303.2011, 4303.233,
4305.131, 4501.027, 4501.21, 4501.29, 4501.30, 4501.302, 4503.038,
4503.06,
4503.0610,
4503.0611
,
4503.10, 4503.102, 4503.29, 4503.41, 4503.579, 4503.91, 4505.07,
4505.09, 4506.01, 4506.05, 4506.07, 4506.13, 4506.131, 4506.14,
4507.061, 4507.08, 4507.09
,
4507.21
,
4507.40, 4507.53
,
4508.02
,
4509.06, 4509.07, 4509.101, 4509.70, 4511.01, 4511.75, 4511.76,
4511.77, 4511.771, 4511.78, 4517.01, 4517.52, 4517.60, 4519.59,
4582.024, 4582.26, 4701.01, 4701.04, 4701.16, 4707.024, 4723.28,
4723.483, 4723.4811, 4725.48, 4729.01, 4729.49, 4729.52, 4729.53,
4729.54, 4729.541, 4729.56, 4729.561, 4729.60, 4729.80, 4729.901,
4729.902, 4729.921, 4730.25, 4730.433, 4730.437, 4730.99, 4731.22,
4731.2210, 4731.92, 4731.96, 4731.99, 4735.01, 4735.06, 4735.09,
4735.55, 4735.56, 4735.80, 4740.06, 4741.04, 4743.05, 4743.10,
4749.01, 4751.20, 4751.24, 4751.25, 4758.01, 4758.02, 4758.03,
4758.10, 4758.13, 4758.20, 4758.22, 4758.221, 4758.23, 4758.24,
4758.27, 4758.30, 4758.31, 4758.35, 4758.36, 4758.39, 4758.40,
4758.41, 4758.42, 4758.43, 4758.44, 4758.45, 4758.52, 4758.54,
4758.55, 4758.56, 4758.57, 4758.59, 4758.99, 4759.07, 4759.99,
4760.13, 4760.99, 4761.09, 4761.99, 4762.13, 4762.99
,
4765.11, 4765.55
,
4767.10, 4772.20, 4772.21, 4772.23, 4772.99, 4774.13, 4774.99,
4778.14, 4778.99, 4785.041, 4903.10, 4905.311, 4906.07, 4911.18,
4921.01, 4923.01, 4927.01
,
4928.05
,
4928.06, 4928.102, 4928.34, 4928.43, 4928.51
,
4928.52, 4928.53, 4928.54, 4928.542, 4928.543, 4928.544
,
4928.55, 4928.56, 4928.58, 4928.61, 4928.62, 4928.63, 4928.66,
4928.75, 4928.86, 4981.02, 5101.101, 5101.13, 5101.131, 5101.132,
5101.133, 5101.134, 5101.135, 5101.136, 5101.137, 5101.14, 5101.141,
5101.142, 5101.145, 5101.146, 5101.1410, 5101.1411, 5101.1412,
5101.1413, 5101.1414, 5101.1415, 5101.1416, 5101.1417, 5101.1418,
5101.19, 5101.191, 5101.192, 5101.193, 5101.194, 5101.211, 5101.212,
5101.215, 5101.222, 5101.242, 5101.26, 5101.272, 5101.273, 5101.28,
5101.30, 5101.33, 5101.342, 5101.35, 5101.351, 5101.38, 5101.461,
5101.542, 5101.80, 5101.801, 5101.802, 5101.805, 5101.85, 5101.853,
5101.854, 5101.856, 5101.88, 5101.885, 5101.886, 5101.887, 5101.8812,
5101.89, 5101.891, 5101.892, 5101.893, 5101.894, 5101.895, 5101.897,
5101.899, 5101.98, 5101.99, 5103.02, 5103.021, 5103.0329, 5103.15,
5103.155, 5103.18, 5103.30, 5103.32, 5103.41, 5104.01, 5104.12,
5104.29, 5104.30, 5104.32, 5104.34, 5104.36, 5104.37, 5104.38,
5104.41, 5104.50, 5104.99, 5117.07, 5117.12, 5119.01, 5119.011,
5119.04, 5119.05, 5119.051, 5119.06, 5119.07, 5119.08, 5119.091,
5119.10, 5119.11, 5119.14, 5119.141, 5119.15, 5119.161, 5119.17,
5119.18, 5119.181, 5119.182, 5119.184, 5119.185, 5119.186, 5119.187,
5119.188, 5119.19, 5119.20, 5119.201, 5119.21, 5119.22, 5119.221,
5119.23, 5119.24, 5119.25, 5119.27, 5119.28, 5119.29, 5119.30,
5119.31, 5119.311, 5119.32, 5119.33, 5119.331, 5119.332, 5119.333,
5119.334, 5119.34, 5119.342, 5119.343, 5119.35, 5119.36, 5119.362,
5119.363, 5119.364, 5119.365, 5119.366, 5119.367, 5119.368, 5119.37,
5119.371, 5119.38, 5119.39, 5119.391, 5119.392, 5119.393, 5119.394,
5119.395, 5119.397, 5119.40, 5119.41, 5119.42, 5119.421, 5119.43,
5119.431, 5119.44, 5119.45, 5119.46, 5119.47, 5119.48, 5119.49,
5119.50, 5119.51, 5119.52, 5119.54, 5119.55, 5119.56, 5119.60,
5119.61, 5119.71, 5119.82, 5119.85, 5119.89, 5119.90, 5119.99
,
5120.034, 5120.035
,
5120.16
,
5120.173, 5120.21
,
5120.51, 5121.30, 5121.32, 5121.33, 5121.34, 5121.41, 5121.43,
5122.01, 5122.03, 5122.10, 5122.15, 5122.20, 5122.21, 5122.23,
5122.26, 5122.27, 5122.31, 5122.32, 5122.33, 5122.341, 5122.36,
5122.44, 5122.45, 5122.46, 5122.47, 5123.081, 5123.16, 5123.168,
5123.169, 5123.191, 5123.41, 5123.42, 5123.47, 5124.15, 5139.05,
5139.08
,
5139.12, 5139.14
,
5139.34
,
5145.162
,
5153.10, 5153.122, 5153.16, 5153.163, 5160.37
,
5162.13
,
5162.132, 5162.133
,
5162.134, 5162.136, 5162.1310, 5162.70, 5162.82
,
5163.03, 5163.091, 5163.093, 5163.094, 5163.098, 5163.30
,
5163.33
,
5165.19, 5165.192, 5165.26, 5166.03, 5167.01, 5167.03, 5167.123
,
5167.24
,
5168.08, 5168.11, 5168.22, 5168.25
,
5168.90
,
5180.14
,
5180.17, 5180.20
,
5180.21, 5180.22, 5310.06, 5310.47, 5323.02, 5501.91, 5502.262,
5502.29
,
5502.30
,
5502.41
,
5503.02
,
5505.045, 5505.046, 5505.99, 5525.03, 5537.01, 5537.02, 5537.03,
5537.27, 5540.02, 5595.02, 5701.11, 5703.052
,
5703.19
,
5703.21, 5703.37, 5703.70, 5705.01, 5705.03, 5705.12, 5705.121,
5705.13, 5705.131, 5705.132, 5705.14, 5705.194, 5705.199, 5705.21,
5705.212, 5705.213, 5705.215, 5705.217, 5705.218, 5705.219,
5705.2111, 5705.2114, 5705.221, 5705.222, 5705.233, 5705.25,
5705.251, 5705.261, 5705.27, 5705.28, 5705.29, 5705.30, 5705.31,
5705.314, 5705.32, 5705.321, 5705.35, 5705.36
,
5705.37
,
5705.38, 5705.391, 5705.40, 5705.412, 5705.55
,
5709.081
,
5709.212, 5709.92, 5709.93, 5715.19, 5717.01, 5725.01, 5725.23,
5725.35, 5725.38, 5726.03, 5726.20, 5726.61, 5726.98, 5727.111,
5727.26, 5727.38, 5727.42, 5727.47, 5727.48, 5727.89, 5728.10,
5729.10, 5729.18, 5729.21, 5735.12, 5736.09, 5739.01, 5739.011,
5739.02, 5739.03, 5739.07, 5739.09, 5739.092, 5739.101, 5739.12,
5739.13, 5739.132, 5739.31, 5743.021, 5743.024, 5743.081, 5743.323,
5743.52, 5743.54, 5743.55, 5743.56, 5743.57, 5743.59, 5743.60,
5743.62, 5743.63, 5743.64, 5745.03, 5745.04, 5745.09, 5745.12,
5747.01, 5747.02, 5747.021, 5747.025, 5747.05, 5747.062, 5747.063,
5747.064, 5747.07, 5747.071, 5747.08, 5747.09, 5747.10, 5747.13,
5747.38, 5747.39, 5747.40, 5747.43, 5747.502, 5747.51
,
5747.72, 5747.85
,
5747.86, 5747.98, 5748.01, 5748.02, 5748.021, 5748.03, 5748.04,
5748.08, 5748.081, 5748.09, 5749.02, 5749.07, 5751.02, 5751.09,
5751.53, 5751.98, 5753.031, 5753.07, 5907.11, 5907.17, 5923.30,
6101.53, 6101.54, 6101.55, 6111.01, and 6111.04 be amended; sections

103.412
(103.411), 103.414 (103.412), 103.73 (109.39),
122.66
(5101.311), 122.67 (5101.312), 122.68 (5101.313), 122.681 (5101.314),
122.69 (5101.315), 122.70 (5101.316), 122.701 (5101.317)
,
122.702 (5101.318)
,
3517.152 (3517.14), 3517.153 (3517.15), 3517.154 (3517.16), 3517.155
(3517.17), 3517.157 (3517.18), 3517.992 (3517.99), 3517.993
(3517.171), 3701.65 (5180.72), 3738.01 (5180.27), 3738.02 (5180.271),
3738.03 (5180.272), 3738.04 (5180.273), 3738.05 (5180.274), 3738.06
(5180.275), 3738.07 (5180.276), 3738.08 (5180.277), 3738.09
(5180.278), 5101.13 (5180.40), 5101.131 (5180.401), 5101.132
(5180.402), 5101.133 (5180.403), 5101.134 (5180.404), 5101.135
(5180.405), 5101.136 (5180.406), 5101.137 (5180.407), 5101.14
(5180.41), 5101.141 (5180.42), 5101.142 (5180.421), 5101.144
(5180.411), 5101.145 (5180.422), 5101.146 (5180.423), 5101.147
(5180.424), 5101.148 (5180.425), 5101.149 (5180.426), 5101.1410
(5180.427), 5101.1411 (5180.428), 5101.1412 (5180.429), 5101.1413
(5180.4210), 5101.1414 (5180.4211), 5101.1415 (5180.4212), 5101.1416
(5180.4213), 5101.1417 (5180.4214), 5101.1418 (5180.43), 5101.15
(5180.44), 5101.19 (5180.45), 5101.191 (5180.451), 5101.192
(5180.452), 5101.193 (5180.453), 5101.194 (5180.454), 5101.34
(5180.70), 5101.341 (5180.701), 5101.342 (5180.702), 5101.343
(5180.703), 5101.76 (5180.26), 5101.77 (5180.261), 5101.78
(5180.262), 5101.802 (5180.52), 5101.804 (5180.71), 5101.805
(5180.704), 5101.85 (5180.50), 5101.851 (5180.51), 5101.853
(5180.511), 5101.854 (5180.512), 5101.855 (5180.513), 5101.856
(5180.514), 5101.88 (5180.53), 5101.881 (5180.531), 5101.884
(5180.532), 5101.885 (5180.533), 5101.886 (5180.534), 5101.887
(5180.535), 5101.889 (5180.57), 5101.8811 (5180.536), 5101.8812
(5180.56), 5104.50 (5180.04), and 5180.40 (5180.73) be amended for
the purpose of adopting new section numbers as indicated in
parentheses; and new sections
103.41,

107.034,
3313.902, 3313.905, 3314.38, 3321.191, 3333.0415, 3345.86, 3517.991,
and 3780.22 and sections 5.62, 9.05, 9.561, 9.64,
9.691,
106.025, 106.026, 106.033
,
111.29, 118.29, 121.16
,
122.1712, 122.1713
,
122.636, 122.97, 122.98, 122.981, 123.14, 123.282
,
123.283
,
123.30, 124.184
,
125.052
,
126.024, 126.10, 126.17, 126.67, 131.026, 135.1411, 148.021
,
173.503, 319.304
,
731.291, 924.212, 943.27, 1310.251
,
1349.10, 1349.101
,
1501.022, 1501.023
,
1501.46
,
1501.47, 1509.075, 1513.371, 1546.25, 1546.26, 1713.032, 1713.033,
1713.041, 3301.24, 3301.82,
3310.037
,

3310.21,
3310.22, 3310.23, 3310.24, 3310.25, 3310.26, 3310.412
,
3310.413, 3310.523, 3311.242, 3313.536, 3313.6031, 3313.6032,

3313.7118
,
3314.093, 3314.362, 3315.063, 3317.165, 3317.27, 3317.28, 3317.29,
3317.31, 3319.173, 3319.2310,
3321.043
,
3332.17, 3332.21, 3332.22, 3333.0420, 3333.053, 3333.074, 3333.1210
,
3333.952
,
3333.96
,
3333.97, 3345.457
,
3345.58, 3345.601, 3345.721, 3345.83
,
3345.89
,
3375.47, 3501.055, 3701.88, 3704.0310
,
3707.61
,
3721.074
,
3722.15
,
3727.46, 3743.48, 3770.074, 3770.075
,
3780.37, 3901.047
,
3901.3815
,
3902.631
,
3959.121, 4113.31, 4141.011, 4141.08, 4517.521,
4561.03
,
4582.72, 4582.73, 4729.261, 4731.256, 4741.041, 4927.22
,
4928.545
,
5101.042, 5101.543, 5101.548
,
5101.549
,
5101.612, 5101.95, 5103.039, 5103.0520, 5103.09, 5104.302, 5104.53
,
5104.54
,
5104.60, 5119.211
,
5119.344
,
5119.345, 5123.1613, 5123.423, 5126.222, 5145.32, 5162.08
,
5162.14
,
5162.25
,
5162.251
,
5163.04, 5163.104, 5163.11, 5163.50, 5164.093
,
5166.50
,
5167.09, 5180.705, 5180.706, 5180.707, 5180.99, 5303.34, 5703.83,
5705.17, 5705.316
,
5705.60
,
5709.89, 5726.62, 5743.511, 5743.521, 5743.621, 5743.631, 5747.073,
5747.124,

and

5747.87
of the Revised Code be enacted to read as follows:

Sec.
3.15.
(A)
Except as otherwise provided in division (B) of this section, at all
times during one's term of office:

(1)
Each member of the general assembly
and
each elected voting member of the state board of education
shall
be a resident of the district the member represents.

(2)
Each judge and each elected officer of a court shall be a resident of
the territory of that court.

(3)
Each person holding an elective office of a political subdivision
shall be a resident of that political subdivision.

(4)
Each member of a municipal legislative authority who represents a
ward shall be a resident of the ward the member represents, and each
member of a board of education of a city school district who
represents a subdistrict shall be a resident of the subdistrict the
member represents.

(B)
Any person who fails to meet any of the requirements of division (A)
of this section that apply to the person shall forfeit the office.
Division (A) of this section applies to persons who have been either
elected or appointed to an elective office. Division (A) of this
section does not apply to a member of the general assembly

or
the state board of education
,
to a member of a municipal legislative authority who represents a
ward, or to a member of a board of education of a city school
district who represents a subdistrict, during the remainder of the
member's existing term of office after there is a change in the
member's district's, ward's, or subdistrict's boundaries that leaves
the member's permanent residence outside the district, ward, or
subdistrict.

Sec.
5.62.
(A)
The month of June is designated as "Responsible Fatherhood
Month" to recognize the importance of fathers in their
children's lives, how fathers contribute to their children's safety
and stability, and the direct link between positive father
involvement and child well-being.

(B)
The department of children and youth, local governments, and other
agencies are encouraged to sponsor events to promote awareness of
responsible fatherhood engagement and the contributions fathers make
in the lives of their children.

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

(1)
"Political subdivision" means any body corporate and
politic
,
except a municipal corporation that has adopted a charter under
Section 7 of Article XVIII, Ohio Constitution, and except a county
that has adopted a charter under Sections 3 and 4 of Article X, Ohio
Constitution,

to which both of the following apply:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1)
A campaign committee;

(2)
A political action committee;

(3)
A legislative campaign fund;

(4)
A political party;

(5)
A campaign fund;

(6)
A political committee;

(7)
A separate segregated fund;

(8)
A candidate.

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

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

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

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

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

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

Sec.
9.05.
(A)
As used in the Revised Code:

(1)
"Boy" means a juvenile human male.

(2)
"Female" means a person belonging, at conception, to the
sex that produces the large reproductive cell.

(3)
"Gender identity" means an individual's internal and
subjective sense of self, disconnected from biological reality and
sex and existing on an infinite continuum, that does not provide a
meaningful basis for identification and cannot be recognized as a
replacement for sex.

(4)
"Girl" means a juvenile human female.

(5)
"Male" means an individual belonging, at conception, to the
sex that produces the small reproductive cell.

(6)
"Man" means an adult human male.

(7)
"Sex" means the biological indication of male and female,
including sex chromosomes, naturally occurring sex hormones, gonads,
and nonambiguous internal and external genitalia present at birth,
without regard to an individual's psychological, chosen, or
subjective experience of gender.

(8)
"Woman" means an adult human female.

(B)
It is the policy of the state of Ohio to recognize two sexes, male
and female. These sexes are not changeable and are grounded in
fundamental and incontrovertible reality.

Sec.
9.07.
(A)
As used in this section:

(1)

"
Deadly
weapon
"

has the same meaning as in section 2923.11 of the Revised Code.

(2)

"
Governing
authority of a local public entity
"

means whichever of the following is applicable:

(a)
For a county, the board of county commissioners of the county;

(b)
For a municipal corporation, the legislative authority of the
municipal corporation;

(c)
For a combination of counties, a combination of municipal
corporations, or a combination of one or more counties and one or
more municipal corporations, all boards of county commissioners and
legislative authorities of all of the counties and municipal
corporations that combined to form a local public entity for purposes
of this section.

(3)

"
Local
public entity
"

means a county, a municipal corporation, a combination of counties, a
combination of municipal corporations, or a combination of one or
more counties and one or more municipal corporations.

(4)

"
Non-contracting
political subdivision
"

means any political subdivision to which all of the following apply:

(a)
A correctional facility for the housing of out-of-state prisoners in
this state is or will be located in the political subdivision.

(b)
The correctional facility described in division (A)(4)(a) of this
section is being operated and managed, or will be operated and
managed, by a local public entity or a private contractor pursuant to
a contract entered into prior to March 17, 1998, or a contract
entered into on or after March 17, 1998, under this section.

(c)
The political subdivision is not a party to the contract described in
division (A)(4)(b) of this section for the management and operation
of the correctional facility.

(5)

"
Out-of-state
jurisdiction
"

means the United States, any state other than this state, and any
political subdivision or other jurisdiction located in a state other
than this state.

(6)

"
Out-of-state
prisoner
"

means a person who is convicted of a crime in another state or under
the laws of the United States or who is found under the laws of
another state or of the United States to be a delinquent child or the
substantially equivalent designation.

(7)

"
Private
contractor
"

means either of the following:

(a)
A person who, on or after March 17, 1998, enters into a contract
under this section with a local public entity to operate and manage a
correctional facility in this state for out-of-state prisoners.

(b)
A person who, pursuant to a contract with a local public entity
entered into prior to March 17, 1998, operates and manages on March
17, 1998, a correctional facility in this state for housing
out-of-state prisoners.

(B)
Subject to division (I) of this section, the only entities other than
this state that are authorized to operate a correctional facility to
house out-of-state prisoners in this state are a local public entity
that operates a correctional facility pursuant to this section or a
private contractor that operates a correctional facility pursuant to
this section under a contract with a local public entity.

Subject
to division (I) of this section, a private entity may operate a
correctional facility in this state for the housing of out-of-state
prisoners only if the private entity is a private contractor that
enters into a contract that comports with division (D) of this
section with a local public entity for the management and operation
of the correctional facility.

(C)(1)
Except as provided in this division, on and after March 17, 1998, a
local public entity shall not enter into a contract with an
out-of-state jurisdiction to house out-of-state prisoners in a
correctional facility in this state. On and after March 17, 1998, a
local public entity may enter into a contract with an out-of-state
jurisdiction to house out-of-state prisoners in a correctional
facility in this state only if the local public entity and the
out-of-state jurisdiction with which the local public entity intends
to contract jointly submit to the department of rehabilitation and
correction a statement that certifies the correctional facility's
intended use, intended prisoner population, and custody level, and
the department reviews and comments upon the plans for the design or
renovation of the correctional facility regarding their suitability
for the intended prisoner population specified in the submitted
statement.

(2)
If a local public entity and an out-of-state jurisdiction enter into
a contract to house out-of-state prisoners in a correctional facility
in this state as authorized under division (C)(1) of this section, in
addition to any other provisions it contains, the contract shall
include whichever of the following provisions is applicable:

(a)
If a private contractor will operate the facility in question
pursuant to a contract entered into in accordance with division (D)
of this section, a requirement that, if the facility is closed or
ceases to operate for any reason and if the conversion plan described
in division (D)(16) of this section is not complied with, the
out-of-state jurisdiction will be responsible for housing and
transporting the prisoners who are in the facility at the time it is
closed or ceases to operate and for the cost of so housing and
transporting those prisoners;

(b)
If a private contractor will not operate the facility in question
pursuant to a contract entered into in accordance with division (D)
of this section, a conversion plan that will be followed if, for any
reason, the facility is closed or ceases to operate. The conversion
plan shall include, but is not limited to, provisions that specify
whether the local public entity or the out-of-state jurisdiction will
be responsible for housing and transporting the prisoners who are in
the facility at the time it is closed or ceases to operate and for
the cost of so housing and transporting those prisoners.

(3)
If a local public entity and an out-of-state jurisdiction intend to
enter into a contract to house out-of-state prisoners in a
correctional facility in this state as authorized under division
(C)(1) of this section, or if a local public entity and a private
contractor intend to enter into a contract pursuant to division (D)
of this section for the private contractor's management and operation
of a correctional facility in this state to house out-of-state
prisoners, prior to entering into the contract the local public
entity and the out-of-state jurisdiction, or the local public entity
and the private contractor, whichever is applicable, shall conduct a
public hearing in accordance with this division, and, prior to
entering into the contract, the governing authority of the local
public entity in which the facility is or will be located shall
authorize the location and operation of the facility. The hearing
shall be conducted at a location within the municipal corporation or
township in which the facility is or will be located. At least one
week prior to conducting the hearing, the local public entity and the
out-of-state jurisdiction or private contractor with the duty to
conduct the hearing shall cause notice of the date, time, and place
of the hearing to be made by publication in the newspaper with the
largest general circulation in the county in which the municipal
corporation or township is located. The notice shall be of a
sufficient size that it covers at least one-quarter of a page of the
newspaper in which it is published. This division applies to a
private contractor that, pursuant to the requirement set forth in
division (I) of this section, is required to enter into a contract
under division (D) of this section.

(D)
Subject to division (I) of this section, on and after March 17, 1998,
if a local public entity enters into a contract with a private
contractor for the management and operation of a correctional
facility in this state to house out-of-state prisoners, the contract,
at a minimum, shall include all of the following provisions:

(1)
A requirement that the private contractor seek and obtain
accreditation from the American correctional association for the
correctional facility within two years after accepting the first
out-of-state prisoner at the correctional facility under the contract
and that it maintain that accreditation for the term of the contract;

(2)
A requirement that the private contractor comply with all applicable
laws, rules, or regulations of the government of this state,
political subdivisions of this state, and the United States,
including, but not limited to, all sanitation, food service, safety,
and health regulations;

(3)
A requirement that the private contractor send copies of reports of
inspections completed by appropriate authorities regarding compliance
with laws, rules, and regulations of the type described in division
(D)(2) of this section to the director of rehabilitation and
correction or the director's designee and to the governing authority
of the local public entity in which the correctional facility is
located;

(4)
A requirement that the private contractor report to the local law
enforcement agencies with jurisdiction over the place at which the
correctional facility is located, for investigation, all criminal
offenses or delinquent acts that are committed in or on the grounds
of, or otherwise in connection with, the correctional facility and
report to the department of rehabilitation and correction all
disturbances at the facility;

(5)
A requirement that the private contractor immediately report all
escapes from the facility, and the apprehension of all escapees, by
telephone and in writing to the department of rehabilitation and
correction, to all local law enforcement agencies with jurisdiction
over the place at which the facility is located, to the state highway
patrol, to the prosecuting attorney of the county in which the
facility is located, and to a daily newspaper having general
circulation in the county in which the facility is located. The
written notice may be by either facsimile transmission or mail. A
failure to comply with this requirement is a violation of section
2921.22 of the Revised Code.

(6)
A requirement that the private contractor provide a written report to
the director of rehabilitation and correction or the director's
designee and to the governing authority of the local public entity in
which the correctional facility is located of all unusual incidents
occurring at the correctional facility. The private contractor shall
report the incidents in accordance with the incident reporting rules
that, at the time of the incident, are applicable to state
correctional facilities for similar incidents occurring at state
correctional facilities.

(7)
A requirement that the private contractor provide internal and
perimeter security to protect the public, staff members of the
correctional facility, and prisoners in the correctional facility;

(8)
A requirement that the correctional facility be staffed at all times
with a staffing pattern that is adequate to ensure supervision of
inmates and maintenance of security within the correctional facility
and to provide for appropriate programs, transportation, security,
and other operational needs. In determining security needs for the
correctional facility, the private contractor and the contract
requirements shall fully take into account all relevant factors,
including, but not limited to, the proximity of the facility to
neighborhoods and schools.

(9)
A requirement that the private contractor provide an adequate policy
of insurance that satisfies the requirements set forth in division
(D) of section 9.06 of the Revised Code regarding contractors who
operate and manage a facility under that section, and that the
private contractor indemnify and hold harmless the state, its
officers, agents, and employees, and any local public entity in the
state with jurisdiction over the place at which the correctional
facility is located or that owns the correctional facility, reimburse
the state for its costs in defending the state or any of its
officers, agents, or employees, and reimburse any local government
entity of that nature for its costs in defending the local government
entity, in the manner described in division (D) of that section
regarding contractors who operate and manage a facility under that
section;

(10)
A requirement that the private contractor adopt for prisoners housed
in the correctional facility the security classification system and
schedule adopted by the department of rehabilitation and correction
under section 5145.03 of the Revised Code, classify in accordance
with the system and schedule each prisoner housed in the facility,
and house all prisoners in the facility in accordance with their
classification under this division;

(11)
A requirement that the private contractor will not accept for
housing, and will not house, in the correctional facility any
out-of-state prisoner in relation to whom any of the following
applies:

(a)
The private entity has not obtained from the out-of-state
jurisdiction that imposed the sentence or sanction under which the
prisoner will be confined in this state a copy of the institutional
record of the prisoner while previously confined in that out-of-state
jurisdiction or a statement that the prisoner previously has not been
confined in that out-of-state jurisdiction and a copy of all medical
records pertaining to that prisoner that are in the possession of the
out-of-state jurisdiction.

(b)
The prisoner, while confined in any out-of-state jurisdiction, has a
record of institutional violence involving the use of a deadly weapon
or a pattern of committing acts of an assaultive nature against
employees of, or visitors to, the place of confinement or has a
record of escape or attempted escape from secure custody.

(c)
Under the security classification system and schedule adopted by the
department of rehabilitation and correction under section 5145.03 of
the Revised Code and adopted by the private contractor under division
(B)(10) of this section, the out-of-state prisoner would be
classified as being at a security level higher than medium security.

(12)
A requirement that the private contractor, prior to housing any
out-of-state prisoner in the correctional facility under the
contract, enter into a written agreement with the department of
rehabilitation and correction that sets forth a plan and procedure
that will be used to coordinate law enforcement activities of state
law enforcement agencies and of local law enforcement agencies with
jurisdiction over the place at which the facility is located in
response to any riot, rebellion, escape, insurrection, or other
emergency occurring inside or outside the facility;

(13)
A requirement that the private contractor cooperate with the

correctional
institution inspection committee
attorney
general
in
the
committee's

performance
of
its

the
attorney general's
duties
under section
103.73

109.39

of
the Revised Code and provide the
committee,
its subcommittees, and its
the
attorney general, including
staff
members, in performing those duties, with access to the correctional
facility
as
described in
for
purposes of

that
section;

(14)
A requirement that the private contractor permit any peace officer
who serves a law enforcement agency with jurisdiction over the place
at which the correctional facility is located to enter into the
facility to investigate any criminal offense or delinquent act that
allegedly has been committed in or on the grounds of, or otherwise in
connection with, the facility;

(15)
A requirement that the private contractor will not employ any person
at the correctional facility until after the private contractor has
submitted to the bureau of criminal identification and investigation,
on a form prescribed by the superintendent of the bureau, a request
that the bureau conduct a criminal records check of the person and a
requirement that the private contractor will not employ any person at
the facility if the records check or other information possessed by
the contractor indicates that the person previously has engaged in
malfeasance;

(16)
A requirement that the private contractor will not accept for
housing, and will not house, in the correctional facility any
out-of-state prisoner unless the private contractor and the
out-of-state jurisdiction that imposed the sentence for which the
prisoner is to be confined agree that, if the out-of-state prisoner
is confined in the facility in this state, commits a criminal offense
while confined in the facility, is convicted of or pleads guilty to
that offense, and is sentenced to a term of confinement for that
offense but is not sentenced to death for that offense, the private
contractor and the out-of-state jurisdiction will do all of the
following:

(a)
Unless section 5120.50 of the Revised Code does not apply in relation
to the offense the prisoner committed while confined in this state
and the term of confinement imposed for that offense, the
out-of-state jurisdiction will accept the prisoner pursuant to that
section for service of that term of confinement and for any period of
time remaining under the sentence for which the prisoner was confined
in the facility in this state, the out-of-state jurisdiction will
confine the prisoner pursuant to that section for that term and that
remaining period of time, and the private contractor will transport
the prisoner to the out-of-state jurisdiction for service of that
term and that remaining period of time.

(b)
If section 5120.50 of the Revised Code does not apply in relation to
the offense the prisoner committed while confined in this state and
the term of confinement imposed for that offense, the prisoner shall
be returned to the out-of-state jurisdiction or its private
contractor for completion of the period of time remaining under the
out-of-state sentence for which the prisoner was confined in the
facility in this state before starting service of the term of
confinement imposed for the offense committed while confined in this
state, the out-of-state jurisdiction or its private contractor will
confine the prisoner for that remaining period of time and will
transport the prisoner outside of this state for service of that
remaining period of time, and, if the prisoner is confined in this
state in a facility operated by the department of rehabilitation and
correction, the private contractor will be financially responsible
for reimbursing the department at the per diem cost of confinement
for the duration of that incarceration, with the amount of the
reimbursement so paid to be deposited in the department's prisoner
programs fund.

(17)
A requirement that the private contractor, prior to housing any
out-of-state prisoner in the correctional facility under the
contract, enter into an agreement with the local public entity that
sets forth a conversion plan that will be followed if, for any
reason, the facility is closed or ceases to operate. The conversion
plan shall include, but is not limited to, provisions that specify
whether the private contractor, the local public entity, or the
out-of-state jurisdictions that imposed the sentences for which the
out-of-state prisoners are confined in the facility will be
responsible for housing and transporting the prisoners who are in the
facility at the time it is closed or ceases to operate and for the
cost of so housing and transporting those prisoners.

(18)
A schedule of fines that the local public entity shall impose upon
the private contractor if the private contractor fails to perform its
contractual duties, and a requirement that, if the private contractor
fails to perform its contractual duties, the local public entity
shall impose a fine on the private contractor from the schedule of
fines and, in addition to the fine, may exercise any other rights it
has under the contract. Division (F)(2) of this section applies
regarding a fine described in this division.

(19)
A requirement that the private contractor adopt and use in the
correctional facility the drug testing and treatment program that the
department of rehabilitation and correction uses for inmates in state
correctional institutions;

(20)
A requirement that the private contractor provide clothing for all
out-of-state prisoners housed in the correctional facility that is
conspicuous in its color, style, or color and style, that
conspicuously identifies its wearer as a prisoner, and that is
readily distinguishable from clothing of a nature that normally is
worn outside the facility by non-prisoners, that the private
contractor require all out-of-state prisoners housed in the facility
to wear the clothing so provided, and that the private contractor not
permit any out-of-state prisoner, while inside or on the premises of
the facility or while being transported to or from the facility, to
wear any clothing of a nature that does not conspicuously identify
its wearer as a prisoner and that normally is worn outside the
facility by non-prisoners;

(21)
A requirement that, at the time the contract is made, the private
contractor provide to all parties to the contract adequate proof that
it has complied with the requirement described in division (D)(9) of
this section, and a requirement that, at any time during the term of
the contract, the private contractor upon request provide to any
party to the contract adequate proof that it continues to be in
compliance with the requirement described in division (D)(9) of this
section.

(E)
A private correctional officer or other designated employee of a
private contractor that operates a correctional facility that houses
out-of-state prisoners in this state under a contract entered into
prior to, on, or after March 17, 1998, may carry and use firearms in
the course of the officer's or employee's employment only if the
officer or employee is certified as having satisfactorily completed
an approved training program designed to qualify persons for
positions as special police officers, security guards, or persons
otherwise privately employed in a police capacity, as described in
division (A) of section 109.78 of the Revised Code.

(F)(1)
Upon notification by the private contractor of an escape from, or of
a disturbance at, a correctional facility that is operated by a
private contractor under a contract entered into prior to, on, or
after March 17, 1998, and that houses out-of-state prisoners in this
state, the department of rehabilitation and correction and state and
local law enforcement agencies shall use all reasonable means to
recapture persons who escaped from the facility or quell any
disturbance at the facility, in accordance with the plan and
procedure included in the written agreement entered into under
division (D)(12) of this section in relation to contracts entered
into on or after March 17, 1998, and in accordance with their normal
procedures in relation to contracts entered into prior to March 17,
1998. Any cost incurred by this state or a political subdivision of
this state relating to the apprehension of a person who escaped from
the facility, to the quelling of a disturbance at the facility, or to
the investigation or prosecution as described in division (G)(2) of
this section of any offense relating to the escape or disturbance
shall be chargeable to and borne by the private contractor. The
contractor also shall reimburse the state or its political
subdivisions for all reasonable costs incurred relating to the
temporary detention of a person who escaped from the facility,
following the person's recapture.

(2)
If a private contractor that, on or after March 17, 1998, enters into
a contract under this section with a local public entity for the
operation of a correctional facility that houses out-of-state
prisoners fails to perform its contractual duties, the local public
entity shall impose upon the private contractor a fine from the
schedule of fines included in the contract and may exercise any other
rights it has under the contract. A fine imposed under this division
shall be paid to the local public entity that enters into the
contract, and the local public entity shall deposit the money so paid
into its treasury to the credit of the fund used to pay for community
policing. If a fine is imposed under this division, the local public
entity may reduce the payment owed to the private contractor pursuant
to any invoice in the amount of the fine.

(3)
If a private contractor, on or after March 17, 1998, enters into a
contract under this section with a local public entity for the
operation of a correctional facility that houses out-of-state
prisoners in this state, the private contractor shall comply with the
insurance, indemnification, hold harmless, and cost reimbursement
provisions described in division (D)(9) of this section.

(G)(1)
Any act or omission that would be a criminal offense or a delinquent
act if committed at a state correctional institution or at a jail,
workhouse, prison, or other correctional facility operated by this
state or by any political subdivision or group of political
subdivisions of this state shall be a criminal offense or delinquent
act if committed by or with regard to any out-of-state prisoner who
is housed at any correctional facility operated by a private
contractor in this state pursuant to a contract entered into prior
to, on, or after March 17, 1998.

(2)
If any political subdivision of this state experiences any cost in
the investigation or prosecution of an offense committed by an
out-of-state prisoner housed in a correctional facility operated by a
private contractor in this state pursuant to a contract entered into
prior to, on, or after March 17, 1998, the private contractor shall
reimburse the political subdivision for the costs so experienced.

(3)(a)
Except as otherwise provided in this division, the state, and any
officer or employee, as defined in section 109.36 of the Revised
Code, of the state is not liable in damages in a civil action for any
injury, death, or loss to person or property that allegedly arises
from, or is related to, the establishment, management, or operation
of a correctional facility to house out-of-state prisoners in this
state pursuant to a contract between a local public entity and an
out-of-state jurisdiction, a local public entity and a private
contractor, or a private contractor and an out-of-state jurisdiction
that was entered into prior to March 17, 1998, or that is entered
into on or after March 17, 1998, in accordance with its provisions.
The immunity provided in this division does not apply regarding an
act or omission of an officer or employee, as defined in section
109.36 of the Revised Code, of the state that is manifestly outside
the scope of the officer's or employee's official responsibilities or
regarding an act or omission of the state, or of an officer or
employee, as so defined, of the state that is undertaken with
malicious purpose, in bad faith, or in a wanton or reckless manner.

(b)
Except as otherwise provided in this division, a non-contracting
political subdivision, and any employee, as defined in section
2744.01 of the Revised Code, of a non-contracting political
subdivision is not liable in damages in a civil action for any
injury, death, or loss to person or property that allegedly arises
from, or is related to, the establishment, management, or operation
of a correctional facility to house out-of-state prisoners in this
state pursuant to a contract between a local public entity other than
the non-contracting political subdivision and an out-of-state
jurisdiction, a local public entity other than the non-contracting
political subdivision and a private contractor, or a private
contractor and an out-of-state jurisdiction that was entered into
prior to March 17, 1998, or that is entered into on or after March
17, 1998, in accordance with its provisions. The immunity provided in
this division does not apply regarding an act or omission of an
employee, as defined in section 2744.01 of the Revised Code, of a
non-contracting political subdivision that is manifestly outside the
scope of the employee's employment or official responsibilities or
regarding an act or omission of a non-contracting political
subdivision or an employee, as so defined, of a non-contracting
political subdivision that is undertaken with malicious purpose, in
bad faith, or in a wanton or reckless manner.

(c)
Divisions (G)(3)(a) and (b) of this section do not affect any
immunity or defense that the state and its officers and employees or
a non-contracting political subdivision and its employees may be
entitled to under another section of the Revised Code or the common
law of this state, including, but not limited to, section 9.86 or
Chapter 2744. of the Revised Code.

(H)(1)
Upon the completion of an out-of-state prisoner's term of detention
at a correctional facility operated by a private contractor in this
state pursuant to a contract entered into prior to, on, or after
March 17, 1998, the operator of the correctional facility shall
transport the prisoner to the out-of-state jurisdiction that imposed
the sentence for which the prisoner was confined before it releases
the prisoner from its custody.

(2)
No private contractor that operates and manages a correctional
facility housing out-of-state prisoners in this state pursuant to a
contract entered into prior to, on, or after March 17, 1998, shall
fail to comply with division (H)(1) of this section.

(3)
Whoever violates division (H)(2) of this section is guilty of a
misdemeanor of the first degree.

(I)
Except as otherwise provided in this division, the provisions of
divisions (A) to (H) of this section apply in relation to any
correctional facility operated by a private contractor in this state
to house out-of-state prisoners, regardless of whether the facility
is operated pursuant to a contract entered into prior to, on, or
after March 17, 1998. Division (C)(1) of this section shall not apply
in relation to any correctional facility for housing out-of-state
prisoners in this state that is operated by a private contractor
under a contract entered into with a local public entity prior to
March 17, 1998. If a private contractor operates a correctional
facility in this state for the housing of out-of-state prisoners
under a contract entered into with a local public entity prior to
March 17, 1998, no later than thirty days after the effective date of
this amendment, the private contractor shall enter into a contract
with the local public entity that comports to the requirements and
criteria of division (D) of this section.

Sec.
9.239.
(A)
As used in this section:

(1)
"Public building" means a building owned by a public
entity.

(2)
"Public entity" means a subdivision, the general assembly,
a court, any department, division, institution, board, commission,
authority, bureau or other agency
of

or

instrumentality
of the state, the five state retirement systems, or any other
governmental entity.

(3)
"Subdivision" has the same meaning as in section 2744.01 of
the Revised Code.

(B)
A person that is primarily responsible for designing energy efficient
commercial building property installed in a public building may seek
allocation of any deduction allowed under section 179D of the
Internal Revenue Code in connection with that installation by
submitting a written request to the public entity that owns the
building

and
the tax commissioner
.
Within fifteen days of receiving such a request, the public entity
shall respond and, if merited, formally allocate the deduction as
required under that section and any associated rules or guidance of
the internal revenue service or the United States department of the
treasury.
The
public entity shall send to the commissioner a copy of the response
and, if applicable, the document or documents formally allocating the
deduction.

(C)
If a public entity does not respond within fifteen days of receiving
a request under division (B) of this section, the entity shall be
considered to have approved the request.
The
commissioner shall provide the person that submitted the request with
any documentation necessary to formally allocate the deduction.

(D)
No public entity and no employee or agent of a public entity acting
in the employee's or agent's official capacity shall seek, solicit,
charge, or accept a fee, payment, or other consideration in exchange
for allocating a deduction allowed under section 179D of the Internal
Revenue Code or providing documentation of such an allocation as
required under that section and any associated rules or guidance of
the internal revenue service or the United States department of the
treasury.

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

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

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

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

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

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

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

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

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

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

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

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

(7)
The debt has been discharged in bankruptcy or is no longer owed based
on a final nonappealable court order
.

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

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

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

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

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

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

(2)
To medicaid provider agreements under the medicaid program.

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

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

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

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

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

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

(H)
As used in this section:

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

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

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

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

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

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

Sec.
9.27.
(A)
As used in this section, "state" and "state agency"
mean the state of Ohio, including the governor, lieutenant governor,
secretary of state, auditor of state, attorney general, and treasurer
of state, and all departments, boards, offices, commissions,
agencies, institutions, and other instrumentalities of the state of
Ohio, but not including the general assembly or any legislative
agency, or any court or judicial agency.

(B)
Except as otherwise required or permitted by state or federal law, a
contract entered into by the state for the procurement of goods or
services shall not include any of the following:

(1)
A provision that requires the state to indemnify or hold harmless
another person.

(2)
A provision by which the state agrees to binding arbitration or any
other binding extra-judicial dispute resolution process.

(3)
A provision that names a venue for any action or dispute against the
state other than a court of proper jurisdiction in Franklin county,
Ohio.

(4)
A provision that requires the state to agree to limit the liability
for any direct loss to the state for bodily injury, death, or damage
to property of the state caused by the negligence, intentional or
willful misconduct, fraudulent act, recklessness, or other tortious
conduct of a person or a person's employees or agents, or a provision
that would otherwise impose an indemnification obligation on the
state.

(5)
A provision that requires the state to be bound by a term or
condition that is unknown to the state at the time of signing a
contract, that is not specifically negotiated with the state, that
may be unilaterally changed by the other party, or that is
electronically accepted by a state employee.

(6)
A provision that provides for a person other than the attorney
general to serve as legal counsel for the state or for any state
agency, unless allowed for under the process set forth in section
109.07 of the Revised Code.

(7)
A provision that is inconsistent with the state's obligations under
section 149.43 of the Revised Code.

(8)
A provision for automatic renewal such that state funds are or would
be obligated in subsequent fiscal years.

(9)
A provision that limits the state's ability to recover the cost of
cover for a replacement contractor.

(10)
With respect to a purchase in which a state agency receives a license
to use a software application designed to run on generally available
desktop or server hardware or cloud platforms, a requirement that the
state agency install or run the software on hardware or in a cloud
platform dedicated solely to the state agency, or a provision that
otherwise restricts the state agency from installing or running the
software on hardware or in a cloud platform of the state agency's
choosing.

(C)
If a contract contains a term or condition described in division (B)
of this section, the term or condition is void ab initio, and the
contract containing that term or condition otherwise shall be
enforceable as if it did not contain such term or condition.

(D)
A contract that contains a term or condition described in division
(B) of this section shall be governed by and construed in accordance
with Ohio law notwithstanding any term or condition to the contrary
in the contract.

(E)
This section does not apply to a contract in effect before
the
effective date of this section
September
30, 2021,
or
to the renewal or extension of a contract in effect before
the
effective date of this section
that
date
.

Sec.
9.28.
(A)
As used in this section:

(1)
"Competitive
solicitation
selection
"
means
a
request for proposal or any other solicitation or announcement by a
public office requiring bids or proposals for the provision of goods
or services to that office
the
procedures for making purchases as defined in section 125.01 of the
Revised Code
.

(2)
"Public office" includes any state agency, public
institution, political subdivision, or other organized body, office,
agency, institution, or entity established by the laws of this state
for the exercise of any function of government. "Public office"
does not include the nonprofit corporation formed under section
187.01 of the Revised Code.

(3)
"State agency" includes every department, bureau, board,
commission, office, or other organized body established by the
constitution and laws of this state for the exercise of any function
of state government, including any state-supported institution of
higher education, the general assembly, any legislative agency, any
court or judicial agency, or any political subdivision or agency of a
political subdivision. "State agency" does not include the
nonprofit corporation formed under section 187.01 of the Revised
Code.

(B)
Except as provided in division (C) of this section, materials

submitted
to a public office in response
relating

to
a
competitive

solicitation

through
competitive selection
shall
not be considered public records
for
purposes of
under

section
149.43 of the Revised Code until

the
date the public office announces

after

the
award of
a

the

contract
based on the competitive
solicitation
or the cancellation of the competitive solicitation
selection
.

(C)
If a public office rejects all bids or proposals received in response
to a
competitive

solicitation

through
competitive selection
and,
concurrently with the announcement of the rejection gives notice of
its intent to reissue the solicitation

through
competitive selection
,
the materials submitted in response to the original
competitive

solicitation
and the materials submitted in response to the reissued
competitive

solicitation
shall not be considered public records
for
purposes of
under

section
149.43 of the Revised Code until
the
date the public office announces
after

the
award of
a

the

contract
based on the reissued
competitive

solicitation

through

or
the cancellation of the reissued
competitive

solicitation
selection
.

Sec.
9.312.
(A)
If a state agency or political subdivision is required by law or by
an ordinance or resolution adopted under division (C) of this section
to award a contract to the lowest responsive and responsible bidder,
a bidder on the contract shall be considered responsive if the
bidder's proposal responds to bid specifications in all material
respects and contains no irregularities or deviations from the
specifications which would affect the amount of the bid or otherwise
give the bidder a competitive advantage. The factors that the state
agency or political subdivision shall consider in determining whether
a bidder on the contract is responsible include the experience of the
bidder, the bidder's financial condition, conduct and performance on
previous contracts, facilities, management skills, and ability to
execute the contract properly.

For
purposes of this division, the provision of a bid guaranty in
accordance with divisions (A)(1) and (B) of section 153.54 of the
Revised Code issued by a surety licensed to do business in this state
is evidence of financial responsibility, but a state agency or
political subdivision may request additional financial information
for review from an apparent low bidder after it opens all submitted
bids. A state agency or political subdivision shall keep additional
financial information it receives pursuant to a request under this
division confidential, except under proper order of a court. The
additional financial information is not a public record under section
149.43 of the Revised Code.

An
apparent low bidder found not to be responsive and responsible shall
be notified by the state agency or political subdivision of that
finding and the reasons for it. Except for contracts awarded by the
department of administrative services pursuant to section 125.11 of
the Revised Code, the notification shall be given in writing
and
either
by

certified
mail or, if the state agency or political subdivision has record of

an
internet identifier of record associated with the bidder,
or

by

ordinary

certified

mail

and
by that
if
no
internet
identifier of record

is
available
.
When awarding contracts pursuant to section 125.11 of the Revised
Code, the department may send such notice in writing by first class
mail or by electronic means.

(B)
Where a state agency or a political subdivision that has adopted an
ordinance or resolution under division (C) of this section determines
to award a contract to a bidder other than the apparent low bidder or
bidders for the construction, reconstruction, improvement,
enlargement, alteration, repair, painting, or decoration of a public
improvement, it shall meet with the apparent low bidder or bidders
upon a filing of a timely written protest. The protest must be
received within five days of the notification required in division
(A) of this section. No final award shall be made until the state
agency or political subdivision either affirms or reverses its
earlier determination. Notwithstanding any other provisions of the
Revised Code, the procedure described in this division is not subject
to Chapter 119. of the Revised Code.

(C)
A municipal corporation, township, school district, board of county
commissioners, any other county board or commission, or any other
political subdivision required by law to award contracts by
competitive bidding may by ordinance or resolution adopt a policy of
requiring each competitively bid contract it awards to be awarded to
the lowest responsive and responsible bidder in accordance with this
section.

(D)
As used in this section, "internet identifier of record"
means an electronic mail address, or any other designation used for
self-identification or routing in internet communication or posting,
provided for the purpose of receiving communication.

Sec.
9.331.
(A)
Before entering into a contract to employ a construction manager or
construction manager at risk, a public authority
shall

may

advertise
,

in
a
newspaper of general circulation
news
media available
in
the county where the contract is to be performed, and
may

shall

advertise
by electronic means

pursuant
to rules adopted by the director of administrative services
,
notice of its intent to employ a construction manager or construction
manager at risk. The notice shall invite interested parties to submit
proposals for consideration and shall be published at least
thirty

fourteen
calendar
days
prior to the date for accepting the proposals. The public authority
also may advertise the information contained in the notice in
appropriate trade journals and otherwise notify persons believed to
be interested in employment as a construction manager or construction
manager at risk.

(B)
The advertisement shall include a general description of the project,
a statement of the specific management services required, and a
description of the qualifications required for the project.

Sec.
9.334.
(A)
(A)(1)

Every public authority planning to contract for construction
management services with a construction manager at risk shall
evaluate the proposals submitted and select not fewer than three
construction managers at risk the public authority considers to be
the most qualified to provide the required construction management
services, except that the public authority shall select and rank
fewer than three when the public authority determines in writing that
fewer than three qualified construction managers at risk are
available.

(2)
For projects valued at less than four million dollars, the public
authority may require the construction manager at risk to submit a
proposal described in division (A)(1) of this section along with a
pricing proposal described in division (C) of this section. The
public authority shall provide each construction manager at risk who
desires to submit a proposal under this division a pre-proposal
meeting to explore the proposals further, in which the public
authority shall provide the construction manager at risk with a
description of the project, including the scope and nature of the
proposed services and potential technical approaches. The public
authority shall proceed with selection and ranking as described in
division (A)(1) of this section, based only on the proposal submitted
under that division. Once the construction managers at risk have been
selected, the public authority shall proceed to evaluate the pricing
proposals of each selected construction manager at risk as described
in division (D) of this section, continuing the selection process
from there.

(B)
The public authority shall provide each construction manager at risk
selected under division (A) of this section with a description of the
project, including a statement of available design detail, a
description of how the guaranteed maximum price for the project shall
be determined, including the estimated level of design detail upon
which the guaranteed maximum price shall be based, the form of the
construction management contract, and a request for a pricing
proposal.

(C)
The pricing proposal of each construction manager at risk shall
include at least the following regarding the construction manager at
risk:

(1)
A list of key personnel for the project;

(2)
A statement of the general conditions and contingency requirements;

(3)
A fee proposal divided into a preconstruction fee, a construction
fee, and the portion of the construction fee to be at risk in a
guaranteed maximum price.

(D)
The public authority shall evaluate the submitted pricing proposals
and may hold discussions with individual construction managers at
risk to explore their proposals further, including the scope and
nature of the proposed services and potential technical approaches.

(E)
After evaluating the pricing proposals, the public authority shall
rank the selected construction managers at risk based on its
evaluation of the value of each pricing proposal, with such
evaluation considering the proposed cost and qualifications.

(F)
The public authority shall enter into negotiations for a construction
management contract with the construction manager at risk whose
pricing proposal the public authority determines to be the best value
under division (E) of this section. Contract negotiations shall be
directed toward:

(1)
Ensuring that the construction manager at risk and the public
authority mutually understand the essential requirements involved in
providing the required construction management services, including
the provisions for the use of contingency funds and the possible
distribution of savings in the final costs of the project;

(2)
Ensuring that the construction manager at risk will be able to
provide the necessary personnel, equipment, and facilities to perform
the construction management services within the time required by the
construction management contract;

(3)
Agreeing upon a procedure and schedule for determining a guaranteed
maximum price using an open book pricing method that shall represent
the total maximum amount to be paid by the public authority to the
construction manager at risk for the project and that shall include
the costs of all the work, the cost of its general conditions, the
contingency, and the fee payable to the construction manager at risk.

(G)(1)
If the public authority fails to negotiate a construction management
contract with the construction manager at risk whose pricing proposal
the public authority determines to be the best value under division
(E) of this section, the public authority shall inform the
construction manager at risk, in writing, of the termination of
negotiations.

(2)
Upon terminating negotiations, the public authority may enter into
negotiations as provided in this section with the construction
manager at risk that the public authority ranked next highest under
division (E) of this section. If negotiations fail, the public
authority may enter into negotiations as provided in this section
with the construction manager at risk the public authority ranked
next highest under division (E) of this section.

(3)
If a public authority fails to negotiate a construction management
contract with a construction manager at risk whose pricing proposal
the public authority determines to be the best value under division
(E) of this section, the public authority may select additional
construction managers at risk to provide pricing proposals to the
public authority pursuant to this section or may select an
alternative delivery method for the project.

(H)
If the public authority and construction manager at risk fail to
agree on a guaranteed maximum price, nothing in this section shall
prohibit the public authority from allowing the construction manager
at risk to provide the management services that a construction
manager is authorized to provide.

(I)
Nothing in this section affects a public authority's right to accept
or reject any or all proposals in whole or in part.

Sec.
9.35.
(A)
As used in this section, "public official" means an elected
or appointed officer, employee, or agent of any political
subdivision, board, commission, bureau, or other public body
established by law who is permitted or required in the performance of

his
official

duties to issue checks, keep books and records, prepare and preserve
payroll and other employee records, and make reports or perform other
similar duties.

(B)
Any public official may contract for and engage the services of a
financial institution, or other person engaged in the business or
capable of rendering electronic data processing or computer services,
to perform the mechanical, clerical, or record-keeping services
necessary in the performance of
his
official

duties. Such services may include, but are not limited to, the
preparation of payroll and other records, the preparation, signing,
and issuance of checks, the preparation of reports and accounts, and
the performance of all similar duties.

(C)
A contract authorized by division (B) of this section may be entered
into only:

(1)
If the surety bond required of such public official includes within
its coverage any loss which might occur as the result of such
contract;

(2)
Pursuant to a resolution duly adopted by the governing board,
commission, bureau, or other public body having jurisdiction over
such public official authorizing a contract for the performance of
such services;

(3)
If the contract does not conflict with the accounting requirements
prescribed by the auditor of state under section 117.43 of the
Revised Code or with accounting procedures prescribed by the director
of budget and management under section 126.21 of the Revised Code
;

(4)
If assurances satisfactory to the auditor of state are furnished by
both the financial institution, or other person engaged in the
business or capable of rendering electronic data processing or
computer services, and the public official that the books and records
of the public official in the possession of the person performing
such
.

(D)
Such
services

shall
be
are

subject
to audit by the auditor of state to the same extent as if such
services were being performed by the public official

himself
.

(D)
(E)

A public official, at the request of a person to whom the political
subdivision, board, commission, bureau, or other public body is
indebted and to whom payment is to be made, may send a check to a
bank representing the amount due such person for credit to
his
the
person's

account in the bank subject to the following conditions:

(1)
The person to whom payment is to be made provides the public official
with a written request

on
a form approved by the auditor of state which

that

designates
the bank and contains the endorsement of such bank thereon stating
its willingness to act in this respect as agent of such person;

(2)
In the event that there are two or more persons who designate the
same bank and payments are due to such persons on the same regularly
recurring dates, the public official may draw a single check for the
total amount due all such persons in favor of the bank for credit to
the accounts of the several persons;

(3)
Payment of a check drawn in favor of and properly endorsed by the
bank designated by a person to whom payment is to be made constitutes
a full acquittance to the public official for the amount of such
payment.

(E)
(F)

Nothing contained in this section relieves such public official from
the primary responsibility for the maintenance of the records and
performance of the duties of
his

office.

Sec.
9.561.
(A)
As used in this section:

(1)
"Government entity" means a state agency, public
institution, political subdivision, or any other organized body,
office, agency, institution, or entity established by the laws of
this state for the exercise of any function of government.

(2)
"Public building" means any building owned or occupied by a
government entity.

(B)
No government entity shall place menstrual products in the men's
restroom of a public building.

Sec.
9.64.
(A)
As used in this section:

(1)
"Cybersecurity incident" means any of the following:

(a)
A substantial loss of confidentiality, integrity, or availability of
a covered entity's information system or network;

(b)
A serious impact on the safety and resiliency of a covered entity's
operational systems and processes;

(c)
A disruption of a covered entity's ability to engage in business or
industrial operations, or deliver goods or services;

(d)
Unauthorized access to an entity's information system or network, or
nonpublic information contained therein, that is facilitated through
or is caused by:

(i)
A compromise of a cloud service provider, managed service provider,
or other third-party data hosting provider; or

(ii)
A supply chain compromise.

"Cybersecurity
incident" does not include mere threats of disruption as
extortion; events perpetrated in good faith in response to a request
by the system owner or operator; or lawfully authorized activity of a
United States, state, local, tribal, or territorial government
entity.

(2)
"Political subdivision" means a county, township, municipal
corporation, or other body corporate and politic responsible for
governmental activities in a geographic area smaller than that of the
state.

(3)
"Ransomware incident" means a malicious cybersecurity
incident in which a person or entity introduces software that gains
unauthorized access to or encrypts, modifies, or otherwise renders
unavailable a political subdivision's information technology systems
or data and thereafter the person or entity demands a ransom to
prevent the publication of the data, restore access to the data, or
otherwise remediate the impact of the software.

(B)
A political subdivision experiencing a ransomware incident shall not
pay or otherwise comply with a ransom demand unless the political
subdivision's legislative authority formally approves the payment or
compliance with the ransom demand in a resolution or ordinance that
specifically states why the payment or compliance with the ransom
demand is in the best interest of the political subdivision.

(C)
The legislative authority of a political subdivision shall adopt a
cybersecurity program that safeguards the political subdivision's
data, information technology, and information technology resources to
ensure availability, confidentiality, and integrity. The program
shall be consistent with generally accepted best practices for
cybersecurity, such as the national institute of standards and
technology cybersecurity framework, and the center for internet
security cybersecurity best practices, and may include, but are not
limited to, the following:

(1)
Identify and address the critical functions and cybersecurity risks
of the political subdivision.

(2)
Identify the potential impacts of a cybersecurity breach.

(3)
Specify mechanisms to detect potential threats and cybersecurity
events.

(4)
Specify procedures for the political subdivision to establish
communication channels, analyze incidents, and take actions to
contain cybersecurity incidents.

(5)
Establish procedures for the repair of infrastructure impacted by a
cybersecurity incident, and the maintenance of security after the
incident.

(6)
Establish cybersecurity training requirements for all employees of
the political subdivision; the frequency, duration, and detail of
which shall correspond to the duties of each employee. Annual
cybersecurity training provided by the state, and training provided
for local governments by the Ohio persistent cyber initiative program
of the Ohio cyber range institute, satisfy the requirements of this
division.

(D)
The legislative authority of a political subdivision, following each
cybersecurity incident or ransomware incident, shall notify both of
the following:

(1)
The executive director of the division of homeland security within
the department of public safety, in a manner prescribed by the
executive director, as soon as possible but not later than seven days
after the political subdivision discovers the incident;

(2)
The auditor of state, in a manner prescribed by the auditor of state,
as soon as possible but not later than thirty days after the
political subdivision discovers the incident.

(E)
Any records, documents, or reports related to the cybersecurity
program and framework in division (C) of this section, and the
reports of a cybersecurity incident or ransomware incident under
division (D) of this section, are not public records under section
149.43 of the Revised Code.

(F)
A record identifying cybersecurity-related software, hardware, goods,
and services, that are being considered for procurement, have been
procured, or are being used by a political subdivision, including the
vendor name, product name, project name, or project description, is a
security record under section 149.433 of the Revised Code.

Sec.
9.67.
No

(A)
Subject to division (B) of this section, no
owner
of a professional sports team that uses a tax-supported facility for
most of its home games and receives financial assistance from the
state or a political subdivision thereof shall cease playing most of
its home games at the
tax-supported

facility
and begin playing most of its home games
elsewhere

at
a facility located outside of the state
unless
the owner
either
does
one of the following
:

(A)
(1)

Enters into an agreement with the political subdivision permitting
the team to play most of its home games
elsewhere
at
a facility located outside of the state
;

(B)

(2)

Gives
the political subdivision in which the
tax-supported

facility
is located not less than six months' advance
written

notice
of the owner's intention to cease playing most of its home games at
the
tax-supported

facility
and, during the six months after such notice, gives the political
subdivision or any individual or group of individuals who reside in
the area the opportunity to purchase the team.

(B)(1)
Any lease, operating agreement, management agreement, non-relocation
agreement, or other similar agreement entered into with the political
subdivision before, on, or after the effective date of this amendment
that expressly obligates the professional sports team to play all or
most of the professional sports team's regular season home games at
the tax-supported facility for the term of the lease or agreement, or
for a shorter period of time as set forth in the lease or agreement,
is, upon the expiration of the term of the lease or agreement, or
shorter period of time as set forth in the lease or agreement, as
applicable, deemed an agreement with the political subdivision
permitting the team to play most of its home games at a different
facility in satisfaction of division (A)(1) of this section.

(2)
Notwithstanding the expiration of the term of the lease or agreement,
or a shorter period of time as set forth in the lease or agreement,
as applicable, any lease or agreement described under division (B)(1)
of this section is not deemed an agreement with the political
subdivision permitting the team to play most of its home games at a
different facility, in satisfaction of division (A)(1) of this
section, if the different facility is located outside of the state.

Sec.
9.681.
(A)
As used in this section, "tobacco product" and "alternative
nicotine product" have the same meanings as in section 2927.02
of the Revised Code.

(B)
The regulation of tobacco products and alternative nicotine products
is a matter of general statewide concern that requires statewide
regulation. The state has adopted a comprehensive plan with respect
to all aspects of the giveaway, sale, purchase, distribution,
manufacture, use, possession, licensing, taxation, inspection, and
marketing of tobacco products and alternative nicotine products. No
political subdivision may enact, adopt, renew, maintain, enforce, or
continue in existence any charter provision, ordinance, resolution,
rule, or other measure that conflicts with or preempts any policy of
the state regarding the regulation of tobacco products or alternative
nicotine products, including, without limitation, by:

(1)
Setting or imposing standards, requirements, taxes, fees,
assessments, or charges of any kind regarding tobacco products or
alternative nicotine products that are the same as or similar to,
that conflict with, that are different from, or that are in addition
to, any standard, requirement, tax, fee, assessment, or other charge
established or authorized by state law;

(2)
Lowering or raising an age requirement provided for in state law in
connection with the giveaway, sale, purchase, distribution,
manufacture, use, possession, licensing, taxation, inspection, and
marketing of tobacco products or alternative nicotine products;

(3)
Prohibiting an employee eighteen years of age or older of a
manufacturer, producer, distributor, wholesaler, or retailer of
tobacco products or alternative nicotine products from selling
tobacco products or alternative nicotine products;

(4)
Prohibiting an employee eighteen years of age or older of a
manufacturer, producer, distributor, wholesaler, or retailer of
tobacco products or alternative nicotine products from handling
tobacco products or alternative nicotine products in sealed
containers in connection with manufacturing, storage, warehousing,
placement, stocking, bagging, loading, or unloading.

(C)
In addition to any other relief provided, the court shall award costs
and reasonable
attorney

attorney's

fees
to any person, group, or entity that prevails in a challenge to an
ordinance, resolution, regulation, local law, or other action as
being in conflict with this section.

(D)
The general assembly finds and declares that this section is part of
a statewide and comprehensive legislative enactment regulating all
aspects of the giveaway, sale, purchase, distribution, manufacture,
use, possession, licensing, taxation, inspection, and marketing of
tobacco products and alternative nicotine products. The general
assembly further finds and declares that the imposition of tobacco
product and alternative nicotine product regulation by any political
subdivision is a matter of statewide concern and would be
inconsistent with that statewide, comprehensive enactment. Therefore,
regulation of the giveaway, sale, purchase, distribution,
manufacture, use, possession, licensing, taxation, inspection, and
marketing of tobacco products and alternative nicotine products is a
matter of general statewide concern that requires uniform statewide
regulation. By the enactment of this section, it is the intent of the
general assembly to preempt political subdivisions from the
regulation of tobacco products and alternative nicotine products.

(E)
This section does not prohibit a political subdivision from levying a
tax expressly authorized by state law, including the taxes authorized
under Chapters 5739. and 5741. or sections 5743.021, 5743.024,
5743.026, 5743.321, 5743.323,
and

5743.324
,
5743.511, 5743.521, 5743.621, and 5743.631

of the Revised Code.

Sec.
9.691.
(A)
The general assembly and executive department officers elected under
Ohio Constitution, Article III may establish, implement, and fund
through public resources, security provisions for the protection of
the members of the general assembly and executive department officers
covered under this section.

(B)(1)
The authority to determine and administer appropriate security
provisions for the general assembly is vested in the presiding
officer of each house.

(2)
The authority to determine and administer security provisions for
executive department officers covered by this section is vested in
each respective officer.

(3)
The supreme court has the authority to adopt rules under its general
superintending power that governs security provisions, including
establishing, implementing, and funding through public resources,
those provisions, for justices, judges, and the judiciary as
established by Ohio Constitution, Article IV and the laws of this
state.

(C)(1)
In addition to the sergeant at arms and any assistant sergeants at
arms, each house of the general assembly may appoint, employ,
contract with, and fix the compensation of law enforcement officers,
as defined in section 9.69 of the Revised Code, or other persons to
provide or coordinate security for the members of the general
assembly.

(2)
Each executive department officer covered by this section may
appoint, employ, contract with, and fix the compensation of law
enforcement officers, as defined in section 9.69 of the Revised Code,
or other persons to provide or coordinate security for the officer.

(3)
Any law enforcement officer, as defined in section 9.69 of the
Revised Code, who is authorized to provide or coordinate security for
the general assembly or the executive department officers covered by
this section has the same arrest powers as other peace officers and
law enforcement officers to apprehend offenders against the criminal
laws who endanger or threaten the security of any person being
protected, no matter where the offense occurs. This jurisdiction is
concurrent with that of peace officers and law enforcement officers
of the county, township, or municipal corporation in which the
violation occurs and with the state highway patrol.

(D)
This section is in addition to, independent of, and operates
concurrently with, any security provided by the state highway patrol
under section 5503.02 of the Revised Code.

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

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

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

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

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

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

(4)
Consolidate and combine state insurance coverages;

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

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

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

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

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

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

Sec.
101.30.
(A)
As used in this section:

(1)

"
Legislative
document
"

includes, but is not limited to, all of the following:

(a)
A working paper, work product, correspondence, preliminary draft,
note, proposed bill or resolution, proposed amendment to a bill or
resolution, analysis, opinion, memorandum, or other document in
whatever form or format prepared by legislative staff
,
general assembly staff, or a member of the general assembly

for a member of the general assembly or for general assembly staff;

(b)
Any document or material in whatever form or format provided by a
member of the general assembly or general assembly staff to
legislative staff
,
general assembly staff, or a member of the general assembly

that requests, or that provides information or materials to assist
in, the preparation of any of the items described in division
(A)(1)(a) of this section;

(c)
Any summary of a bill or resolution or of an amendment to a bill or
resolution in whatever form or format that is prepared by
or
in the possession of
legislative
staff for
a
member of the general assembly or general assembly staff, if the
summary is prepared before the bill, resolution, or amendment is
filed for introduction or presented at a committee hearing or floor
session, as applicable.

(2)

"
Legislative
staff
"

means the staff of the legislative service commission
,
legislative budget office of the legislative service commission,

or any other legislative agency included in the legislative service
commission budget group.

(3)

"
General
assembly staff
"

means an officer or employee of either house of the general assembly
who acts on behalf of a member of the general assembly or on behalf
of a committee or either house of the general assembly.

(B)

(B)(1)

Legislative
staff shall maintain a confidential relationship with each member of
the general assembly, and with each member of the general assembly
staff, with respect to communications between the member of the
general assembly or general assembly staff and legislative staff.
Except as otherwise provided in this division and division (C) of
this section, a legislative document arising out of this confidential
relationship is not a public record for purposes of section 149.43 of
the Revised Code. When it is in the public interest and with the
consent of the commission, the director of the commission may release
to the public any legislative document in the possession of the
commission staff arising out of a confidential relationship with a
former member of the general assembly or former member of the general
assembly staff who is not available to make the legislative document
a public record as provided in division (C) of this section because
of death or disability, whom the director is unable to contact for
that purpose, or who fails to respond to the director after the
director has made a reasonable number of attempts to make such
contact.

(2)
A legislative document that is not otherwise exempt from disclosure
as a public record under division (B)(1) of this section is not a
public record for purposes of section 149.43 of the Revised Code
during the general assembly in which the legislative document was
created. After the general assembly in which the legislative document
was created has adjourned sine die, the legislative document is a
public record for purposes of section 149.43 of the Revised Code
unless the legislative document would be privileged under Ohio
Constitution, Article II, Section 12.

(C)(1)
A legislative document is a public record for purposes of section
149.43 of the Revised Code if it is an analysis, synopsis, fiscal
note, or local impact statement prepared by legislative staff that is
required to be prepared by law, or by a rule of either house of the
general assembly, for the benefit of the members of either or both of
those houses or any legislative committee and if it has been
presented to those members.

(2)
A legislative document is a public record for purposes of section
149.43 of the Revised Code if a member of the general assembly for
whom legislative staff prepared the legislative document does any of
the following:

(a)
Files it for introduction with the clerk of the senate or the clerk
of the house of representatives, if it is a bill or resolution;

(b)
Presents it at a committee hearing or floor session, if it is an
amendment to a bill or resolution or is a substitute bill or
resolution;

(c)
Releases it, or authorizes general assembly staff or legislative
staff to release it, to the public.

(D)
Nothing in this section or section 149.43 of the Revised Code
diminishes, extinguishes, or otherwise limits or restricts the
privileges set forth in, or that emanate from, Ohio Constitution,
Article II, Section 12.

Sec.
101.352.
If
the joint committee on agency rule review becomes aware that an
agency subject to its jurisdiction is relying upon a principle of law
or policy that, under section 121.93 of the Revised Code, should have
been supplanted by its restatement in a rule, the chairperson of the
joint committee responsible for calling and conducting meetings under
section 101.35 of the Revised Code, in that chairperson's sole
discretion, may request the agency to appear before the joint
committee to address why, notwithstanding section 121.93 of the
Revised Code, it is so relying. The request shall specify the time
and place at which a designee of the agency is to appear before the
joint committee to address, and to answer the joint committee's
questions concerning, the agency's reliance. The date set for the
appearance shall be not earlier than thirty days after the joint
committee transmits the request to the agency. The joint committee
shall transmit the request to the agency electronically. The joint
committee also shall publish the request on its web site, as part of
the relevant meeting agenda, and shall indicate in conjunction with
the published request that any person is invited to appear before the
joint committee when the agency appears to offer and make comments to
the joint committee concerning the agency's reliance.

Upon
receiving the request, the agency shall designate a suitable agency
officer or employee to appear on behalf of the agency before the
joint committee as directed in the request. The agency electronically
shall notify the joint committee of the name, title, telephone
number, and electronic mail address of the officer or employee who
has been designated to appear before the joint committee in response
to the request.

Upon
appearing before the joint committee, the agency's designee shall
address why the agency is relying upon a principle of law or policy
that, notwithstanding section 121.93 of the Revised Code, has not
been supplanted by its restatement in a rule. The members of the
joint committee may question the agency's designee concerning the
agency's reliance. Any person may offer and make comments to the
joint committee concerning the agency's reliance.

After
the appearance has concluded, the joint committee, by vote of a
majority of its members, in writing may recommend to the agency that
it supplant the principle of law or policy that it is relying upon by
its restatement in a rule. The joint committee shall support its
recommendation with a brief rationale of why, under section 121.93 of
the Revised Code, the principle of law or policy should be supplanted
by its restatement in a rule. The joint committee shall transmit the
recommendation electronically to the agency.

After
receiving the recommendation from the joint committee, the agency
shall commence the rule-making process as soon as it is reasonably
feasible to do so, but not later than the date that is
six

three

months
after the recommendation was received. The principle of law or policy
as it is restated in a rule does not need to be wholly congruent with
the supplanted principle of law or policy. The agency lawfully may
improve or develop further the supplanted principle of law or policy
as it is restated in a rule.

The
agency may continue to rely upon the principle of law or policy, but
only while it is complying with the preceding paragraph. The agency
may not rely upon the principle of law or policy in advising with
regard to or in determining the rights or liabilities of a person if

the

any
of the following apply:

(A)
The
agency
fails to commence the rule-making process by the deadline specified
in the preceding paragraph
,
or if, after
.

(B)
After
commencing
the rule-making process, the agency neglects or abandons the
rule-making process before it is completed
.

(C)
The agency fails to file a rule recommended under this section in
final form within one year of receiving a written recommendation from
the joint committee in accordance with this section.

(D)
After filing a proposed rule and rule summary and fiscal analysis
with the joint committee, the agency notifies the joint committee of
the agency's intention to file a revised proposed rule as described
in division (B) of section 106.02 of the Revised Code
.

Sec.
101.53.
(A)
A legislative action to amend or enact a codified or uncodified
statutory section shall be indicated in bills and enrolled acts
according to the following principles:

(1)
New matter that is to be inserted into an existing codified or
uncodified section shall be indicated by inserting the new matter,
underlined, into the section at the appropriate place, in the same
form as it is to appear in the resulting law.

(2)
Old matter that is to be omitted from an existing codified or
uncodified section shall be indicated by retaining the matter as it
appears in the section and striking it through with a horizontal
line.

(3)
A new codified section that is to be added to the law shall be
indicated by presenting the section, underlined, in the same form as
it is to appear in the resulting law.

(4)
A new uncodified section that is to be added to the law shall be
indicated by presenting the section, without underlining, in the same
form as it is to appear in the resulting law.

(B)(1)
A legislative proposal to amend or enact a section of the Ohio
Constitution shall be indicated in a joint resolution the same as an
amendment to or an enactment of a codified statutory section in a
bill.

(2)
A legislative proposal of a schedule or of an amending, enacting,
repeal, effective date, or other special clause applying to a
proposed amendment of the Ohio Constitution shall be indicated in a
joint resolution the same as an enactment of a new uncodified
statutory section in a bill.

(C)

Bills
shall be printed in the exact language in which they were passed,
under the supervision of the clerk of the house in which they
originated.

The
legislative service commission, by rule adopted under section 111.15
of the Revised Code, shall direct how new matter shall be indicated
and old matter omitted.

Sec.
101.63.
(A)(1)
Not later than the first day of March in the odd-numbered year during
which an occupational licensing board is scheduled to be triggered to
expire the following even-numbered year under section 101.62 of the
Revised Code, the speaker of the house of representatives shall
direct a standing committee of the house of representatives to hold
hearings to receive the testimony of the public and of the chief
executive officer of the board, and otherwise to review, consider,
and evaluate the usefulness, performance, and effectiveness of the
board. Not later than the fifteenth day of November of that same
odd-numbered year, the standing committee shall prepare and publish a
report of its findings and recommendations in accordance with section
101.65 of the Revised Code. If the standing committee's report
includes a bill, the house of representatives shall consider that
bill for passage by the thirty-first day of December of that same
odd-numbered year.

(2)
Not later than the first day of March in the even-numbered year
during which an occupational licensing board is scheduled to be
triggered to expire under section 101.62 of the Revised Code, the
president of the senate shall direct a standing committee of the
senate to hold hearings to receive testimony of the public and of the
chief executive officer of the board, and otherwise to review,
consider, and evaluate the usefulness, performance, and effectiveness
of the board and any bill considered by the house of representatives
related to the expiration of that board. Not later than the fifteenth
day of November of that same even-numbered year, the standing
committee shall prepare and publish a report of its findings and
recommendations in accordance with section 101.65 of the Revised
Code. If the standing committee's report includes a bill, the senate
shall consider that bill for passage by the thirty-first day of
December of that same even-numbered year.

(3)
The president of the senate and the speaker of the house of
representatives may, in the same manner as described in divisions
(A)(1) and (2) of this section, direct a standing committee to review
an occupational licensing board for which the director of the
legislative service commission, under section 103.27 of the Revised
Code, has performed a review.

(4)
The president of the senate and the speaker of the house of
representatives shall direct standing committees to review
approximately thirty-three per cent of the occupational licensing
boards each biennium. All occupational licensing boards shall be
reviewed over a six-year

period
including calendar years 2019 through 2024, and also during each
subsequent six-year

period.

(B)
Each occupational licensing board that is scheduled to be reviewed by
a standing committee shall submit to the standing committee a report
that contains all of the following information:

(1)
The board's primary purpose and its various goals and objectives;

(2)
The board's past and anticipated workload, the number of staff
required to complete that workload, and the board's total number of
staff;

(3)
The board's past and anticipated budgets and its sources of funding;

(4)
The number of members of its governing board or other governing
entity and their compensation, if any.

(C)
Each board shall have the burden of demonstrating to the standing
committee a public need for its continued existence. In determining
whether a board has demonstrated that need, the standing committee
shall consider, as relevant, all of the following:

(1)
Whether or not continuation of the board is necessary to protect the
health, safety, or welfare of the public, and if so, whether or not
the board's authority is narrowly tailored to protect against
present, recognizable, and significant harms to the health, safety,
or welfare of the public;

(2)
Whether or not the public could be protected or served in an
alternate or less restrictive manner;

(3)
Whether or not the board serves a specific private interest;

(4)
Whether or not rules adopted by the board are consistent with the
legislative mandate of the board as expressed in the statutes that
created and empowered the board;

(5)
The extent to which the board's jurisdiction and programs overlap or
duplicate those of other boards, the extent to which the board
coordinates with those other boards, and the extent to which the
board's programs could be consolidated with the programs of other
state departments or boards;

(6)
How many other states regulate the occupation, whether a license is
required to engage in the occupation in other states, whether the
initial licensing and license renewal requirements for the occupation
are substantially equivalent in every state, and the amount of
regulation exercised by the board compared to the regulation, if any,
in other states;

(7)
The extent to which significant changes in the board's rules could
prevent an individual licensed in this state from practicing, or
allow an individual licensed in this state to practice, the same
occupation in another jurisdiction without obtaining an occupational
license for that occupation in that other jurisdiction;

(8)
Whether the board recognizes national uniform licensure requirements
for the occupation;

(9)
Whether or not private contractors could be used, in an effective and
efficient manner, either to assist the board in the performance of
its duties or to perform these duties instead of the board;

(10)
Whether or not the operation of the board has inhibited economic
growth, reduced efficiency, or increased the cost of government;

(11)
An assessment of the authority of the board regarding fees,
inspections, enforcement, and penalties;

(12)
The extent to which the board has permitted qualified applicants to
serve the public;

(13)
The extent to which the board has permitted individuals to practice
elements of the occupation without a license;

(14)
The cost-effectiveness of the board in terms of number of employees,
services rendered, and administrative costs incurred, both past and
present;

(15)
Whether or not the board's operation has been impeded or enhanced by
existing statutes and procedures and by budgetary, resource, and
personnel practices;

(16)
Whether the board has recommended statutory changes to the general
assembly that would benefit the public as opposed to the persons
regulated by the board, if any, and whether its recommendations and
other policies have been adopted and implemented;

(17)
Whether the board has required any persons it regulates to report to
it the impact of board rules and decisions on the public as they
affect service costs and service delivery;

(18)
Whether persons regulated by the board, if any, have been required to
assess problems in their business operations that affect the public;

(19)
Whether the board has encouraged public participation in its
rule-making and decision-making;

(20)
The efficiency with which formal public complaints filed with the
board have been processed to completion;

(21)
Whether the purpose for which the board was created has been
fulfilled, has changed, or no longer exists;

(22)
Whether federal law requires that the board be renewed in some form;

(23)
An assessment of the administrative hearing process of a board if the
board has an administrative hearing process, and whether or not the
hearing process is consistent with due process rights;

(24)
Whether the requirement for the occupational license is consistent
with the policies expressed in section 4798.02 of the Revised Code,
serves a meaningful, defined public interest, and provides the least
restrictive form of regulation that adequately protects the public
interest;

(25)
The extent to which licensing ensures that practitioners have
occupational skill sets or competencies that are substantially
related to protecting consumers from present, significant, and
substantiated harms that threaten public health, safety, or welfare,
and the impact that those criteria have on applicants for a license,
particularly those with moderate or low incomes, seeking to enter the
occupation or profession;

(26)
The extent to which the requirement for the occupational license
stimulates or restricts competition, affects consumer choice, and
affects the cost of services;

(27)
An assessment of whether or not changes are needed in the enabling
laws of the board in order for it to comply with the criteria
suggested by the considerations listed in division (C) of this
section
;

(28)
Beginning with reviews commencing on or after January 1, 2027,
whether the number of board members is appropriate based on the
board's workload and the number of occupational licenses issued by
the board
.

For
division (C) of this section, a government regulatory requirement
protects or serves the public interest if it provides protection from
present, significant, and substantiated harms to the health, safety,
or welfare of the public.

(D)
The legislative service commission shall provide staff services to a
standing committee performing its duties under this section and
section 101.65 of the Revised Code.

Sec.
101.65.
(A)
After the completion of the review of a board under section 101.63 of
the Revised Code, the standing committee that conducted the review
shall prepare and publish a report of its findings and
recommendations. A standing committee may include in a single report
its findings and recommendations regarding more than one board. The
committee shall furnish a copy of the report to the president of the
senate, the speaker of the house of representatives, the governor,
and each affected board. Any published report shall be made available
to the public on the standing committee's internet web site, and in
the offices of the house of representatives and senate clerks during
reasonable hours. As part of a report, the standing committee may
present its recommendations to the general assembly in bill form.

(B)
Recommendations made by the standing committee shall indicate how or
whether their implementation will do each of the following:

(1)
Improve efficiency in the management of state government;

(2)
Improve services rendered to citizens of the state;

(3)
Simplify and improve preparation of the state budget;

(4)
Conserve the natural resources of the state;

(5)
Promote the orderly growth of the state and its government;

(6)
Promote that occupational regulations shall be construed and applied
to increase economic opportunities, promote competition, and
encourage innovation;

(7)
Provide for the least restrictive regulation by repealing the current
regulation and replacing it with a less restrictive regulation that
is consistent with the policies expressed in section 4798.02 of the
Revised Code;

(8)
Improve the effectiveness of the services performed by the service
departments of the state;

(9)
Avoid duplication of effort by state agencies or boards;

(10)
Improve the organization and coordination of the state government in
one or more of the ways listed in divisions (B)(1) to (9) of this
section.

(C)
Beginning with reviews commencing on or after January 1, 2027, the
standing committee's recommendations shall attempt to ensure that
each board consists of not fewer than five members and not more than
nine members.

Sec.
101.82.
As
used in sections 101.82 to 101.87 of the Revised Code:

(A)
"Agency" means any board, commission, committee, or
council, or any other similar state public body required to be
established pursuant to state statutes for the exercise of any
function of state government and to which members are appointed or
elected. "Agency" does not include the following:

(1)
The general assembly, or any commission, committee, or other body
composed entirely of members of the general assembly;

(2)
Any court;

(3)
Any public body created by or directly pursuant to the constitution
of this state;

(4)
The board of trustees of any institution of higher education
financially supported in whole or in part by the state;

(5)
Any public body that has the authority to issue bonds or notes or
that has issued bonds or notes that have not been fully repaid;

(6)
The public utilities commission of Ohio;

(7)
The consumers' counsel governing board;

(8)

The
Ohio board of regents;

(9)

Any state board or commission that has the authority to issue any
final adjudicatory order that may be appealed to the court of common
pleas under Chapter 119. of the Revised Code;

(10)
(9)

Any board of elections;

(11)
(10)

The board of directors of the Ohio insurance guaranty association and
the board of governors of the Ohio fair plan underwriting
association;

(12)

The
Ohio public employees deferred compensation board;

(13)

(11)

The
Ohio retirement study council;

(14)
(12)

The board of trustees of the Ohio police and fire pension fund,
public employees retirement board, school employees retirement board,
state highway patrol retirement board, and state teachers retirement
board;

(15)
(13)

The industrial commission;

(16)
(14)

The parole board;

(17)
(15)

The board of tax appeals;

(18)
(16)

The controlling board;

(19)
(17)

The release authority of department of youth services;

(20)
(18)

The environmental review appeals commission;

(21)
(19)

The Ohio ethics commission;

(22)
(20)

The Ohio public works commission;

(23)
(21)

The self-insuring employers evaluation board;

(24)
(22)

The state board of deposit;

(25)
(23)

The state employment relations board;

(26)
(24)

An agency that is exempted from the requirements of sections 101.82
to 101.87 of the Revised Code by the agency's enabling statutes; and

(27)
(25)

The following agencies, deemed to have a purpose related to federal
law:

(a)
The
early
childhood
children
and youth
advisory
council, under section
5104.50

5180.04

of
the Revised Code;

(b)
The emergency response commission under section 3750.02 of the
Revised Code;

(c)
The public defender commission under section 120.01 of the Revised
Code;

(d)
The homeland security advisory council under division (E) of section
5502.011 of the Revised Code;

(e)
The unemployment compensation review commission under section 4141.06
of the Revised Code.

(B)
"Abolish" means to repeal the statutes creating and
empowering an agency, remove its personnel, and transfer its records
to the department of administrative services pursuant to division (E)
of section 149.331 of the Revised Code.

(C)
"Terminate" means to amend or repeal the statutes creating
and empowering an agency, remove its personnel, and reassign its
functions and records to another agency or officer designated by the
general assembly.

(D)
"Transfer" means to amend the statutes creating and
empowering an agency so that its functions, records, and personnel
are conveyed to another agency or officer.

(E)
"Renew" means to continue an agency, and may include
amendment of the statutes creating and empowering the agency, or
recommendations for changes in agency operation or personnel.

Sec.
101.83.
(A)
It is the intent of the general assembly that an agency shall expire
by operation of sunset review law, sections 101.82 to 101.87 of the
Revised Code, four years more or less after the effective date of the
act that established the agency. Unless renewed in accordance with
division (E) of this section:

(1)
An agency created during an even-numbered general assembly expires at
the end of the thirty-first day of December in the second year of the
next odd-numbered general assembly;

(2)
An agency created during an odd-numbered general assembly expires at
the end of the thirty-first day of December in the second year of the
next even-numbered general assembly; and

(3)
An agency renewed by a prior sunset review committee expires on the
expiration date specified in the act that renewed the agency.

(B)
Any act renewing an agency shall contain a distinct section providing
a specific expiration date for the agency in accordance with this
section. With respect to an agency scheduled to expire through
operation of sunset review law, sections 101.82 to 101.87 of the
Revised Code, the specific expiration date shall be the thirty-first
day of December in the second year of a general assembly.

(C)
If the general assembly does not renew or transfer an agency on or
before its expiration date, it expires on that date.

The
director of budget and management shall not authorize the expenditure
of any moneys for any agency on or after the date of its expiration.

(D)
The general assembly may provide by law for the orderly, efficient,
and expeditious conclusion of an agency's business and operation. The
rules, orders, licenses, contracts, and other actions made, taken,
granted, or performed by the agency continue in effect according to
their terms notwithstanding the agency's abolition, unless the
general assembly provides otherwise by law. The general assembly may
provide by law for the temporary or permanent transfer of some or all
of a terminated or transferred agency's functions and personnel to a
successor agency or officer.

The
abolition, termination, or transfer of an agency does not cause the
termination or dismissal of any claim pending against the agency by
any person, or any claim pending against any person by the agency.
Unless the general assembly provides otherwise by law for the
substitution of parties, the attorney general shall succeed the
agency with reference to any pending claim.

(E)
An agency may be renewed by passage of a bill that continues the
statutes creating and empowering the agency, that amends or repeals
those statutes, or that enacts new statutes, to improve agency
usefulness, performance, or effectiveness.

(F)
The chairperson of an agency listed in division
(A)(27)
(A)(25)

of section 101.82 of the Revised Code shall notify the speaker of the
house of representatives and the president of the senate, in the
manner specified in section 101.68 of the Revised Code, and shall
notify the governor, if federal law is modified to eliminate the
purpose or necessity for the agency's existence. The notification
shall be in writing and include the following disclosure:

"The
agency known as the _______ was exempted from sunset review law
because it had a purpose related to federal law. The federal law
specifying that purpose has been amended or repealed eliminating the
purpose or necessity for the agency. The sunset review committee,
next convened under section 101.82 to 101.87 of the Revised Code,
shall schedule the agency for review and shall make a recommendation
with respect to the agency in accordance with section 101.87 of the
Revised Code."

Sec.
101.84.
(A)
A sunset review committee shall be convened during each general
assembly. The committee shall be composed of nine members. The
president of the senate shall appoint three members of the senate to
the committee, not more than two of whom shall be members of the same
political party. The speaker of the house of representatives shall
appoint three members of the house of representatives to the
committee, not more than two of whom shall be members of the same
political party. The governor, with the advice and consent of the
senate, shall appoint three members to the committee, not more than
two of whom shall be members of the same political party. Members
shall be appointed within forty-five days after the commencement of
the first regular session of each general assembly.

(B)
Each member of the committee who is a member of the general assembly
shall serve for the duration of the committee, or until that
committee member no longer is a member of the senate or the house of
representatives. Each member of the committee who is appointed by the
governor shall serve for the duration of the committee, but not later
than the thirty-first day of December in the second year of the
general assembly. A vacancy on the committee shall be filled in the
same manner as the original appointment.

In
the first year of the general assembly, the chairperson of the
committee shall be a member of the house of representatives, and the
vice-chairperson of the committee shall be a member of the senate. In
the second year of the general assembly, the chairperson of the
committee shall be a member of the senate, and the vice-chairperson
of the committee shall be a member of the house of representatives.

Members
of the committee shall receive no compensation, but shall be
reimbursed for their necessary expenses incurred in the performance
of their official duties.

(C)
The committee shall meet not later than
thirty

ninety

days
after the first day of the first year of the general assembly to
choose a chairperson and to commence establishment of the schedule
for agency review provided for in section 101.85 of the Revised Code
or perform other committee duties under sections 101.82 to 101.87 of
the Revised Code. Five members of the committee constitute a quorum
for the conduct of committee business.

(D)
The sunset review committee, after having prepared and published a
report of its findings and recommendations, and furnished the report,
as required under section 101.87 of the Revised Code, ceases to exist
for the remainder of the biennial general assembly.

Sec.
102.02.
(A)(1)
Except as otherwise provided in division (H) of this section, all of
the following shall file with the appropriate ethics commission the
disclosure statement described in this division on a form prescribed
by the appropriate commission: every person who is elected to or is a
candidate for a state, county, or city office and every person who is
appointed to fill a vacancy for an unexpired term in such an elective
office; all members of the state board of education; the director,
assistant directors, deputy directors, division chiefs, or persons of
equivalent rank of any administrative department of the state; the
president or other chief administrative officer of every state
institution of higher education as defined in section 3345.011 of the
Revised Code; the executive director and the members of the capitol
square review and advisory board appointed or employed pursuant to
section 105.41 of the Revised Code; all members of the Ohio casino
control commission, the executive director of the commission, all
professional employees of the commission, and all technical employees
of the commission who perform an internal audit function; the
individuals set forth in division (B)(2) of section 187.03 of the
Revised Code; the chief executive officer and the members of the
board of each state retirement system; each employee of a state
retirement board who is a state retirement system investment officer
licensed pursuant to section 1707.163 of the Revised Code; the
members of the Ohio retirement study council appointed pursuant to
division (C) of section 171.01 of the Revised Code; employees of the
Ohio retirement study council, other than employees who perform
purely administrative or clerical functions; the administrator of
workers' compensation and each member of the bureau of workers'
compensation board of directors; the bureau of workers' compensation
director of investments; the chief investment officer of the bureau
of workers' compensation; all members of the board of commissioners
on grievances and discipline of the supreme court and the ethics
commission created under section 102.05 of the Revised Code; every
business manager, treasurer, or superintendent of a city, local,
exempted village, joint vocational, or cooperative education school
district or an educational service center; every person who is
elected to or is a candidate for the office of member of a board of
education of a city, local, exempted village, joint vocational, or
cooperative education school district or of a governing board of an
educational service center that has a total student count of twelve
thousand or more as most recently determined by the department of
education and workforce pursuant to section 3317.03 of the Revised
Code; every person who is appointed to the board of education of a
municipal school district pursuant to division (B) or (F) of section
3311.71 of the Revised Code; all members of the board of directors of
a sanitary district that is established under Chapter 6115. of the
Revised Code and organized wholly for the purpose of providing a
water supply for domestic, municipal, and public use, and that
includes two municipal corporations in two counties; every public
official or employee who is paid a salary or wage in accordance with
schedule C of section 124.15 or schedule E-2 of section 124.152 of
the Revised Code; all members appointed to the Ohio livestock care
standards board under section 904.02 of the Revised Code;
all
entrepreneurs in residence assigned by the LeanOhio office in the
department of administrative services under section 125.65 of the
Revised Code
and
every other public official or employee who is designated by the
appropriate ethics commission pursuant to division (B) of this
section.

(2)
The disclosure statement shall include all of the following:

(a)
The name of the person filing the statement and each member of the
person's immediate family and all names under which the person or
members of the person's immediate family do business;

(b)(i)
Subject to divisions (A)(2)(b)(ii) and (iii) of this section and
except as otherwise provided in section 102.022 of the Revised Code,
identification of every source of income, other than income from a
legislative agent identified in division (A)(2)(b)(ii) of this
section, received during the preceding calendar year, in the person's
own name or by any other person for the person's use or benefit, by
the person filing the statement, and a brief description of the
nature of the services for which the income was received. If the
person filing the statement is a member of the general assembly, the
statement shall identify the amount of every source of income
received in accordance with the following ranges of amounts: zero or
more, but less than one thousand dollars; one thousand dollars or
more, but less than ten thousand dollars; ten thousand dollars or
more, but less than twenty-five thousand dollars; twenty-five
thousand dollars or more, but less than fifty thousand dollars; fifty
thousand dollars or more, but less than one hundred thousand dollars;
and one hundred thousand dollars or more. Division (A)(2)(b)(i) of
this section shall not be construed to require a person filing the
statement who derives income from a business or profession to
disclose the individual items of income that constitute the gross
income of that business or profession, except for those individual
items of income that are attributable to the person's or, if the
income is shared with the person, the partner's, solicitation of
services or goods or performance, arrangement, or facilitation of
services or provision of goods on behalf of the business or
profession of clients, including corporate clients, who are
legislative agents. A person who files the statement under this
section shall disclose the identity of and the amount of income
received from a person who the public official or employee knows or
has reason to know is doing or seeking to do business of any kind
with the public official's or employee's agency.

(ii)
If the person filing the statement is a member of the general
assembly, the statement shall identify every source of income and the
amount of that income that was received from a legislative agent
during the preceding calendar year, in the person's own name or by
any other person for the person's use or benefit, by the person
filing the statement, and a brief description of the nature of the
services for which the income was received. Division (A)(2)(b)(ii) of
this section requires the disclosure of clients of attorneys or
persons licensed under section 4732.12 of the Revised Code, or
patients of persons licensed under section 4731.14 of the Revised
Code, if those clients or patients are legislative agents. Division
(A)(2)(b)(ii) of this section requires a person filing the statement
who derives income from a business or profession to disclose those
individual items of income that constitute the gross income of that
business or profession that are received from legislative agents.

(iii)
Except as otherwise provided in division (A)(2)(b)(iii) of this
section, division (A)(2)(b)(i) of this section applies to attorneys,
physicians, and other persons who engage in the practice of a
profession and who, pursuant to a section of the Revised Code, the
common law of this state, a code of ethics applicable to the
profession, or otherwise, generally are required not to reveal,
disclose, or use confidences of clients, patients, or other
recipients of professional services except under specified
circumstances or generally are required to maintain those types of
confidences as privileged communications except under specified
circumstances. Division (A)(2)(b)(i) of this section does not require
an attorney, physician, or other professional subject to a
confidentiality requirement as described in division (A)(2)(b)(iii)
of this section to disclose the name, other identity, or address of a
client, patient, or other recipient of professional services if the
disclosure would threaten the client, patient, or other recipient of
professional services, would reveal details of the subject matter for
which legal, medical, or professional advice or other services were
sought, or would reveal an otherwise privileged communication
involving the client, patient, or other recipient of professional
services. Division (A)(2)(b)(i) of this section does not require an
attorney, physician, or other professional subject to a
confidentiality requirement as described in division (A)(2)(b)(iii)
of this section to disclose in the brief description of the nature of
services required by division (A)(2)(b)(i) of this section any
information pertaining to specific professional services rendered for
a client, patient, or other recipient of professional services that
would reveal details of the subject matter for which legal, medical,
or professional advice was sought or would reveal an otherwise
privileged communication involving the client, patient, or other
recipient of professional services.

(c)
The name of every corporation on file with the secretary of state
that is incorporated in this state or holds a certificate of
compliance authorizing it to do business in this state, trust,
business trust, partnership, or association that transacts business
in this state in which the person filing the statement or any other
person for the person's use and benefit had during the preceding
calendar year an investment of over one thousand dollars at fair
market value as of the thirty-first day of December of the preceding
calendar year, or the date of disposition, whichever is earlier, or
in which the person holds any office or has a fiduciary relationship,
and a description of the nature of the investment, office, or
relationship. Division (A)(2)(c) of this section does not require
disclosure of the name of any bank, savings and loan association,
credit union, or building and loan association with which the person
filing the statement has a deposit or a withdrawable share account.

(d)
All fee simple and leasehold interests to which the person filing the
statement holds legal title to or a beneficial interest in real
property located within the state, excluding the person's residence
and property used primarily for personal recreation;

(e)
The names of all persons residing or transacting business in the
state to whom the person filing the statement owes, in the person's
own name or in the name of any other person, more than one thousand
dollars. Division (A)(2)(e) of this section shall not be construed to
require the disclosure of debts owed by the person resulting from the
ordinary conduct of a business or profession or debts on the person's
residence or real property used primarily for personal recreation,
except that the superintendent of financial institutions and any
deputy superintendent of banks shall disclose the names of all
state-chartered banks and all bank subsidiary corporations subject to
regulation under section 1109.44 of the Revised Code to whom the
superintendent or deputy superintendent owes any money.

(f)
The names of all persons residing or transacting business in the
state, other than a depository excluded under division (A)(2)(c) of
this section, who owe more than one thousand dollars to the person
filing the statement, either in the person's own name or to any
person for the person's use or benefit. Division (A)(2)(f) of this
section shall not be construed to require the disclosure of clients
of attorneys or persons licensed under section 4732.12 of the Revised
Code, or patients of persons licensed under section 4731.14 of the
Revised Code, nor the disclosure of debts owed to the person
resulting from the ordinary conduct of a business or profession.

(g)
Except as otherwise provided in section 102.022 of the Revised Code,
the source of each gift of over seventy-five dollars, or of each gift
of over twenty-five dollars received by a member of the general
assembly from a legislative agent, received by the person in the
person's own name or by any other person for the person's use or
benefit during the preceding calendar year, except gifts received by
will or by virtue of section 2105.06 of the Revised Code, or received
from spouses, parents, grandparents, children, grandchildren,
siblings, nephews, nieces, uncles, aunts, brothers-in-law,
sisters-in-law, sons-in-law, daughters-in-law, fathers-in-law,
mothers-in-law, or any person to whom the person filing the statement
stands in loco parentis, or received by way of distribution from any
inter vivos or testamentary trust established by a spouse or by an
ancestor;

(h)
Except as otherwise provided in section 102.022 of the Revised Code,
identification of the source and amount of every payment of expenses
incurred for travel to destinations inside or outside this state that
is received by the person in the person's own name or by any other
person for the person's use or benefit and that is incurred in
connection with the person's official duties, except for expenses for
travel to meetings or conventions of a national or state organization
to which any state agency, including, but not limited to, any
legislative agency or state institution of higher education as
defined in section 3345.011 of the Revised Code, pays membership
dues, or any political subdivision or any office or agency of a
political subdivision pays membership dues;

(i)
Except as otherwise provided in section 102.022 of the Revised Code,
identification of the source of payment of expenses for meals and
other food and beverages, other than for meals and other food and
beverages provided at a meeting at which the person participated in a
panel, seminar, or speaking engagement or at a meeting or convention
of a national or state organization to which any state agency,
including, but not limited to, any legislative agency or state
institution of higher education as defined in section 3345.011 of the
Revised Code, pays membership dues, or any political subdivision or
any office or agency of a political subdivision pays membership dues,
that are incurred in connection with the person's official duties and
that exceed one hundred dollars aggregated per calendar year;

(j)
If the disclosure statement is filed by a public official or employee
described in division (B)(2) of section 101.73 of the Revised Code or
division (B)(2) of section 121.63 of the Revised Code who receives a
statement from a legislative agent, executive agency lobbyist, or
employer that contains the information described in division (F)(2)
of section 101.73 of the Revised Code or division (G)(2) of section
121.63 of the Revised Code, all of the nondisputed information
contained in the statement delivered to that public official or
employee by the legislative agent, executive agency lobbyist, or
employer under division (F)(2) of section 101.73 or (G)(2) of section
121.63 of the Revised Code.

(3)
A person may file a statement required by this section in person, by
mail, or by electronic means.

(4)
A person who is required to file a statement under this section shall
file that statement according to the following deadlines, as
applicable:

(a)
Except as otherwise provided in divisions (A)(4)(b), (c), and (d) of
this section, the person shall file the statement not later than the
fifteenth day of May of each year.

(b)
A person who is a candidate for elective office shall file the
statement no later than the thirtieth day before the primary,
special, or general election at which the candidacy is to be voted
on, whichever election occurs soonest, except that a person who is a
write-in candidate shall file the statement no later than the
twentieth day before the earliest election at which the person's
candidacy is to be voted on.

(c)
A person who is appointed to fill a vacancy for an unexpired term in
an elective office shall file the statement within fifteen days after
the person qualifies for office.

(d)
A person who is appointed or employed after the fifteenth day of May,
other than a person described in division (A)(4)(c) of this section,
shall file an annual statement within ninety days after appointment
or employment.

(5)
No person shall be required to file with the appropriate ethics
commission more than one statement or pay more than one filing fee
for any one calendar year.

(6)
The appropriate ethics commission, for good cause, may extend for a
reasonable time the deadline for filing a statement under this
section.

(7)
A statement filed under this section is subject to public inspection
at locations designated by the appropriate ethics commission except
as otherwise provided in this section.

(B)
The Ohio ethics commission, the joint legislative ethics committee,
and the board of commissioners on grievances and discipline of the
supreme court, using the rule-making procedures of Chapter 119. of
the Revised Code, may require any class of public officials or
employees under its jurisdiction and not specifically excluded by
this section whose positions involve a substantial and material
exercise of administrative discretion in the formulation of public
policy, expenditure of public funds, enforcement of laws and rules of
the state or a county or city, or the execution of other public
trusts, to file an annual statement under division (A) of this
section. The appropriate ethics commission shall send the public
officials or employees written notice of the requirement not less
than thirty days before the applicable filing deadline unless the
public official or employee is appointed after that date, in which
case the notice shall be sent within thirty days after appointment,
and the filing shall be made not later than ninety days after
appointment.

Disclosure
statements filed under this division with the Ohio ethics commission
by members of boards, commissions, or bureaus of the state for which
no compensation is received other than reasonable and necessary
expenses shall be kept confidential. Disclosure statements filed with
the Ohio ethics commission under division (A) of this section by
business managers, treasurers, and superintendents of city, local,
exempted village, joint vocational, or cooperative education school
districts or educational service centers shall be kept confidential,
except that any person conducting an audit of any such school
district or educational service center pursuant to Chapter 117. of
the Revised Code may examine the disclosure statement of any business
manager, treasurer, or superintendent of that school district or
educational service center. Disclosure statements filed with the Ohio
ethics commission under division (A) of this section by the
individuals set forth in division (B)(2) of section 187.03 of the
Revised Code shall be kept confidential. The Ohio ethics commission
shall examine each disclosure statement required to be kept
confidential to determine whether a potential conflict of interest
exists for the person who filed the disclosure statement. A potential
conflict of interest exists if the private interests of the person,
as indicated by the person's disclosure statement, might interfere
with the public interests the person is required to serve in the
exercise of the person's authority and duties in the person's office
or position of employment. If the commission determines that a
potential conflict of interest exists, it shall notify the person who
filed the disclosure statement and shall make the portions of the
disclosure statement that indicate a potential conflict of interest
subject to public inspection in the same manner as is provided for
other disclosure statements. Any portion of the disclosure statement
that the commission determines does not indicate a potential conflict
of interest shall be kept confidential by the commission and shall
not be made subject to public inspection, except as is necessary for
the enforcement of Chapters 102. and 2921. of the Revised Code and
except as otherwise provided in this division.

(C)
No person shall knowingly fail to file, on or before the applicable
filing deadline established under this section, a statement that is
required by this section.

(D)
No person shall knowingly file a false statement that is required to
be filed under this section.

(E)(1)
Except as provided in divisions (E)(2) and (3) of this section, the
statement required by division (A) or (B) of this section shall be
accompanied by a filing fee of sixty dollars.

(2)
The statement required by division (A) of this section shall be
accompanied by the following filing fee to be paid by the person who
is elected or appointed to, or is a candidate for, any of the
following offices:

1

2

A

For
state office
,
except member of the state board of education

$95

B

For
office of member of general assembly

$40

C

For
county office

$60

D

For
city office

$35

E

For
office of member of the state board of education

$35

F

For
office of member of a city, local, exempted village, or
cooperative education board of education or educational service
center governing board

$30

G

For
position of business manager, treasurer, or superintendent of a
city, local, exempted village, joint vocational, or cooperative
education school district or educational service center

$30

(3)
No judge of a court of record or candidate for judge of a court of
record, and no referee or magistrate serving a court of record, shall
be required to pay the fee required under division (E)(1) or (2) or
(F) of this section.

(4)
For any public official who is appointed to a nonelective office of
the state and for any employee who holds a nonelective position in a
public agency of the state, the state agency that is the primary
employer of the state official or employee shall pay the fee required
under division (E)(1) or (F) of this section.

(F)
If a statement required to be filed under this section is not filed
by the date on which it is required to be filed, the appropriate
ethics commission shall assess the person required to file the
statement a late filing fee of ten dollars for each day the statement
is not filed, except that the total amount of the late filing fee
shall not exceed two hundred fifty dollars.

(G)(1)
The appropriate ethics commission other than the Ohio ethics
commission and the joint legislative ethics committee shall deposit
all fees it receives under divisions (E) and (F) of this section into
the general revenue fund of the state.

(2)
The Ohio ethics commission shall deposit all receipts, including, but
not limited to, fees it receives under divisions (E) and (F) of this
section, investigative or other fees, costs, or other funds it
receives as a result of court orders, and all moneys it receives from
settlements under division (G) of section 102.06 of the Revised Code,
into the Ohio ethics commission fund, which is hereby created in the
state treasury. All moneys credited to the fund shall be used solely
for expenses related to the operation and statutory functions of the
commission.

(3)
The joint legislative ethics committee shall deposit all receipts it
receives from the payment of financial disclosure statement filing
fees under divisions (E) and (F) of this section into the joint
legislative ethics committee investigative and financial disclosure
fund.

(H)
Division (A) of this section does not apply to a person elected or
appointed to the office of precinct, ward, or district committee
member under Chapter 3517. of the Revised Code; a presidential
elector; a delegate to a national convention; village or township
officials and employees; any physician or psychiatrist who is paid a
salary or wage in accordance with schedule C of section 124.15 or
schedule E-2 of section 124.152 of the Revised Code and whose primary
duties do not require the exercise of administrative discretion; or
any member of a board, commission, or bureau of any county or city
who receives less than one thousand dollars per year for serving in
that position.

Sec.
103.05.
(A)
The director of the legislative service commission shall be the
codifier of the rules of the administrative agencies of the state.

When

In
accordance with sections 149.21 to 149.27 of the Revised Code, the
commission is the official publisher of the Ohio administrative code.

(B)
The director, considering the objectives of uniform codification and
the principles of legal drafting, shall publish a rule drafting
manual that states standards and procedures to be followed by an
agency in drafting a rule that is to be codified into the
administrative code. The director shall periodically revise and
publish a new edition of the manual to maintain the uniformity of the
administrative code. In preparing and updating the rule drafting
manual, the director shall consider sections 1.31 and 1.41 to 1.59 of
the Revised Code and apply the principles of statutory construction
to rule drafting. The rule drafting manual shall prescribe and
explain any matters the director determines are pertinent to the
uniformity of the administrative code, including:

(1)
The rule numbering system an agency shall follow to codify a rule
into the administrative code;

(2)
The structure of a rule, including:

(a)
The rule number;

(b)
The subject matter heading, the principal text, any appendices, and
the supplemental information, including information with respect to
the history of the rule;

(c)
A certification that the rule has been lawfully adopted;

(d)
The effective date, expiration date, and periodic five-year review
date of the rule.

(3)
The standard format for drafting an amendment to an existing rule or
an appendix if there is one, an enactment of a new rule or appendix,
and a rescission of an existing rule or appendix.

(C)
When
a
rule is filed under section 111.15

or

,
119.03, or
119.04
of the Revised Code, the director
or
the director's designee
shall
examine the rule.
If
the rule is not numbered or if the numbering of the rule is not in
conformity with the system established by the director, the director
shall give the rule its proper number by designating the proper
number on the left hand margin of the rule. The number shall be the
official administrative code number of the rule. Any number so
assigned shall be published in any publication of the administrative
code. Rules of the administrative code shall be cited and referred to
by such official numbers.

The
legislative service commission shall, under section 111.15 of the
Revised Code, adopt, amend, and rescind any rules that are necessary
to provide a uniform administrative code; to provide standards for
use by the director in determining whether to include in the
administrative code the full text of, or a reference to, any rule
filed with the commission; to permit the director to discharge the
director's duties and exercise the director's powers as described in
this section; and to permit the director to discharge the director's
duties and exercise the director's powers with respect to
establishing and maintaining, and enhancing and improving, the
electronic rule-filing system under section 103.0511 of the Revised
Code.

When
the commission adopts rules to provide standards for use by the
director in determining whether to include the full text of, or a
reference to, a rule in the administrative code, it shall require the
director to consider all of the following:

(1)
Whether the rule applies uniformly to all citizens of the state;

(2)
Whether the rule applies uniformly to all political subdivisions of
the state;

(3)
Whether the rule affects the health, welfare, and safety of the
citizens of the state;

(4)
Whether the rule applies only to the internal affairs of the agency
adopting the rule;

(5)
The number of persons affected by the rule;

(6)
Whether the rule affects the statutory or constitutional rights of
any person.

The
director or the director's designee shall accept any rule that is
filed under section 111.15 or 119.04 of the Revised Code.

If the
director
or the director's designee accepts a
rule

that
is
does

not

in
compliance
comply

with

the
rules of the commission
this
section or the rule drafting manual
,
the director shall give notice of the noncompliance in electronic
form to the agency that filed the rule within thirty days after the
date on which the rule is filed. The notice shall indicate why the
rule does not comply with
the
rules of the commission
this
section or the rule drafting manual
and
how the rule can be brought into compliance. The failure of the
director to give an agency notice within the thirty-day period
presumptively establishes that the rule complies with
the
rules of the commission
this
section and the rule drafting manual
.

(B)
(D)

Any person may publish an acceptable
administrative

code.
The director shall approve as acceptable any person's publication of
the code conforming to the requirements of this division.

An
Ohio administrative code approved as acceptable by the director
shall:

(1)
Contain a compilation of the full text of, or a reference to, each
rule filed under section 111.15 or 119.04 of the Revised Code;

(2)
Presumptively establish the rules of all agencies adopting rules
under section 111.15 or Chapter 119. of the Revised Code that are in
effect on the day of its initial publication;

(3)
Contain the full text of, or a reference to, each rule adopted after
its initial publication and be updated at least quarterly;

(4)
Contain an index of the rules and references to rules that are
included in the code and each supplement using terms easily
understood by the general public;

(5)
Be published in electronic or print format following, to the extent
possible, the subject matter arrangement of the Revised Code;

(6)
Be numbered according to the numbering system devised by the
director.

(C)
The director may prepare and publish the code, or contract with any
person under this division to prepare and publish the code. Any code
published under this division shall include all of the requirements
of division (B) of this section. In addition, the director shall
furnish any code or supplement published under this division to any
person who requests the code or supplement upon payment of a charge
established by the director, not to exceed the cost of preparation
and publication.

Upon
the request of the director of the legislative service commission
under this division, the director of administrative services, in
accordance with the competitive selection procedure of Chapter 125.
of the Revised Code, shall let a contract for the compilation,
preparation, and printing or publication of the administrative code
and supplements.

Sec.
103.051.
The
"Register of Ohio" is an electronic publication that
functions as a gazette to which members of the public may readily
resort for notice of and information about rule-making processes. The
director of the legislative service commission shall publish the
register. The register is to include all rule-making documents that
are required by statute to be published in the register. The director
shall display the register free of charge on the internet, and shall
ensure that printed copies of all or part of a document published in
the register can be easily produced by users of the internet.

The
director, taking into consideration the public notice and information
functions performed by the register, shall update the register at
reasonable intervals, but not less often than weekly. The director
shall establish a reasonable deadline before each updating. A
document received by the director on or before a deadline is to be
published in the register upon the register's next updating. The
director shall purge a document from the register when its display no
longer serves the public notice and information functions performed
by the register.

The
director upon request of any person shall provide the person with a
printed copy of all or part of a document published in the register.
The director may charge and collect a fee for this service. Any such
fee is not to exceed the actual cost of printing and delivering the
printed copy to the person requesting it.

The
director shall deposit the fees into the state treasury to the credit
of the register of Ohio fund.

Sec.
103.13.
The
Ohio legislative service commission shall:

(A)
Conduct research, make investigations, and secure information or data
on any subject and make reports thereon to the general assembly;

(B)
Ascertain facts and make reports concerning the state budget, the
revenues and expenditures of the state, and of the organization and
functions of the state, its departments, subdivisions, and agencies;

(C)
Make surveys, investigations, and studies, and compile data,
information, and records on any question which may be referred to it
by either house of the general assembly or any standing committee of
the general assembly;

(D)
Assist and cooperate with any interim legislative committee or other
agency created by the general assembly;

(E)
Prepare or advise in the preparation of any bill or resolution, when
requested by any member of the general assembly;

(F)
Collect, classify, and index the documents of the state which shall
include executive and legislative documents and departmental reports
and keep on file all bills, resolutions, and official journals
printed by order of either house of the general assembly;

(G)
Provide members of the general assembly with impartial and accurate
information and reports concerning legislative problems in accordance
with rules prescribed by the commission;

(H)
Annually collect the reports required by section 4743.01 of the
Revised Code and prepare a report evaluating the extent to which
state boards and commissions which regulate occupations are
financially self-supporting. The report shall be presented to the
speaker and the minority leader of the house of representatives, the
president and the minority leader of the senate, and the chairperson
and ranking minority member of the finance committees of both houses,
on or before the thirty-first day of December each year.

(I)
Codify the rules of administrative agencies of the state in
accordance with the provisions of section 103.05 of the Revised Code;

(J)
Publish the register of Ohio under section 103.051 of the Revised
Code;

(K)
Operate the electronic rule-filing system under section 103.0511 of
the Revised Code
;

(L)
Assist the standing committees of the house of representatives and
the senate that primarily consider legislation governing the medicaid
program, to carry out continuing oversight and other duties regarding
the state's medicaid program enumerated under sections 103.41 to
103.412 of the Revised Code
.

Sec.
103.41.
The
standing committees of the house of representatives and the senate
that primarily consider legislation governing the medicaid program
shall meet jointly during each session of the general assembly to
oversee the medicaid program on a continuing basis.

In
odd numbered years, the standing committees shall meet jointly at the
call of the chairperson of the senate committee that considers the
medicaid program. In even numbered years, the standing committees
shall meet jointly at the call of the chairperson of the house of
representatives committee that considers the medicaid program.

Sec.

103.412

103.411
.

(A)
JMOC shall oversee the medicaid program on a continuing basis. As
part of its oversight, JMOC
To
assist the standing committees overseeing the medicaid program as
provided in section 103.41 of the Revised Code, the legislative
service commission
shall

do
all of the
research,
review, and summarize the
following

to
the joint standing committees on request of the chairperson who calls
the meeting
:

(1)
Review how
(A)
How
the
medicaid program relates to the public and private provision of
health care coverage in this state and the United States;

(2)
Review the reforms implemented under section 5162.70 of the Revised
Code and evaluate the reforms' successes in achieving their
objectives
(B)
Reports issued by all agencies that participate in the medicaid
program that are submitted to the commission
;

(3)
Recommend policies
(C)
Policies
and
strategies
related

to

encourage

both
of the following:

(a)

(1)

Medicaid
recipients being physically and mentally able to join and stay in the
workforce and ultimately becoming self-sufficient;

(b)

(2)

Less
use of the medicaid program.

(4)
Recommend, to the extent JMOC determines appropriate,

improvements
in statutes and
(D)
Newly-adopted
rules
concerning the medicaid program;

(5)
Develop a plan of action for the future of the medicaid program
(E)
Pending Ohio medicaid legislation
;

(6)
Receive and consider reports submitted by local
(F)
Medicaid legislation and innovations in other states;

(G)
Local
healthier
buckeye councils
reports
submitted
under
section 355.04 of the Revised Code.

(B)
JMOC may do all of the following:

(1)
Plan, advertise, organize, and conduct forums, conferences, and other
meetings at which representatives of state agencies and other
individuals having expertise in the medicaid program may participate
to increase knowledge and understanding of, and to develop and
propose improvements in, the medicaid program;

(2)
Prepare and issue reports on the medicaid program;

(3)
Solicit written comments on, and conduct public hearings at which
persons may offer verbal comments on, drafts of its reports.

Sec.

103.414

103.412
.

(A)

Before
the beginning of each fiscal biennium,
JMOC

the
legislative service commission
shall
contract with an actuary to determine the projected medical inflation
rate for the upcoming fiscal biennium. The contract shall require the
actuary to make the determination using the same types of
classifications and sub-classifications of medical care that the
United States bureau of labor statistics uses in determining the
inflation rate for medical care in the consumer price index. The
contract also shall require the actuary to provide
JMOC

the
commission
a
report with its determination at least one hundred twenty days before
the governor is required to submit a state budget for the fiscal
biennium to the general assembly under section 107.03 of the Revised
Code.

(B)

On
receipt of the actuary's report,
JMOC

the
commission shall share the report with the standing committees
overseeing the medicaid program under section 103.41 of the Revised
Code. The standing committees, acting jointly,
shall
determine whether
it
agrees
they
agree
with
the actuary's projected medical inflation rate. If
JMOC
disagrees
they
disagree
with
the actuary's projected medical inflation rate,
JMOC
shall
the
standing committees shall work with the commission to
determine
a different projected medical inflation rate for the upcoming fiscal
biennium.

The
actuary
,
the commission,

and
,
if JMOC determines a different projected medical inflation rate, JMOC

standing
committees
shall
determine the projected medical inflation rate for the state unless
that is not practicable in which case the determination shall be made
for the midwest region.

Regardless
of whether it agrees with the actuary's projected medical inflation
rate or determines a different projected medical inflation rate, JMOC
shall complete a report regarding the projected medical inflation
rate. JMOC shall include a copy of the actuary's report in JMOC's
report. JMOC's report shall state whether JMOC agrees with the
actuary's projected medical inflation rate and, if JMOC disagrees,
the reason why JMOC disagrees and the different medical inflation
rate JMOC determined. At least ninety days before the governor is
required to submit a state budget for the upcoming fiscal biennium to
the general assembly under section 107.03 of the Revised Code, JMOC
shall submit a copy of the report to the general assembly in
accordance with section 101.68 of the Revised Code and to the
governor and medicaid director.

(C)
At least ninety days before the governor is required to submit a
state budget for the upcoming fiscal biennium to the general assembly
under section 107.03 of the Revised Code, the commission shall submit
a report to the governor, medicaid director, and the standing
committees that includes the following information:

(1)
The projected medical inflation rate, whether the standing committees
recommend the actuary's rate or the alternate rate recommended by the
standing committees;

(2)
If the standing committees recommend an alternate rate, an
explanation for rejecting the actuary's rate;

(3)
A copy of the actuary's report.

Sec.
103.65.
(A)
There is hereby created the Ohio health oversight and advisory
committee. The committee shall consist of the following members:

(1)
Three members of the senate appointed by the president of the senate,
two of whom are members of the majority party and one of whom is a
member of the minority party;

(2)
Three members of the house of representatives appointed by the
speaker of the house of representatives, two of whom are members of
the majority party and one of whom is a member of the minority party.

(B)
The president and speaker shall make the initial appointments to the
committee not later than fifteen calendar days after June 23, 2021.
The president and speaker shall make subsequent appointments not
later than forty-five calendar days after the commencement of the
first regular session of each general assembly. Members of the
committee shall serve on the committee until appointments are made in
the first regular session of the following general assembly, until a
member no longer serves as a member of the chamber from which the
member was initially appointed, or until a member is removed by the
speaker or president. No committee member shall be removed during the
member's term during a state of emergency as defined in section
107.42 of the Revised Code, unless an extraordinary circumstance
exists that prevents a member from serving on the committee. A
vacancy on the committee shall be filled in the same manner as the
original appointment.

(C)
In odd-numbered years, the president shall designate one committee
member from the senate who is a member of the majority party as the
committee chairperson, and the speaker shall designate one committee
member from the house who is a member of the majority party as the
committee vice-chairperson and one committee member from the house
who is a member of the minority party as the committee ranking
minority member. In even-numbered years, the speaker shall designate
one committee member from the house who is a member of the majority
party as the committee chairperson, and the president shall designate
one committee member from the senate who is a member of the majority
party as the committee vice-chairperson and one committee member from
the senate who is a member of the minority party as the committee
ranking minority member.

(D)
In appointing members from the minority party, and in designating
ranking minority members, the president and speaker shall consult
with the minority leader of their respective houses.

(E)
The Ohio health oversight and advisory committee shall meet at the
call of the chairperson.

(F)
The
executive
director and other employees of the joint medicaid oversight
committee
legislative
service commission
shall

serve

provide
staff services to
the
Ohio health oversight and advisory committee to enable the committee
to successfully and efficiently perform its duties.

Sec.
106.02.
Except
as provided in section 106.026 of the Revised Code, all of the
following apply to a proposed rule:

(A)
Subject to division (B) of this section, when an agency files a
proposed rule and rule summary and fiscal analysis with the joint
committee on agency rule review, the joint committee shall review the
proposed rule and rule summary and fiscal analysis, and an
invalidating concurrent resolution may be adopted, not later than the
sixty-fifth day after the day on which the proposed rule was filed
with the joint committee. If, after filing the original version of a
proposed rule, the agency makes a revision in the proposed rule, the
agency shall file the revised proposed rule and a revised rule
summary and fiscal analysis with the joint committee. If the revised
proposed rule is filed thirty-five or fewer days after the original
version of the proposed rule was filed, the joint committee shall
review the revised proposed rule and revised rule summary and fiscal
analysis, and an invalidating concurrent resolution may be adopted,
not later than the sixty-fifth day after the original version of the
proposed rule was filed. If, however, the revised proposed rule is
filed more than thirty-five days after the original version of the
proposed rule was filed, the joint committee shall review the revised
proposed rule and revised rule summary and fiscal analysis, and an
invalidating concurrent resolution may be adopted, not later than the
thirtieth day after the revised proposed rule was filed with the
joint committee.

(B)
If, after filing a proposed rule and rule summary and fiscal analysis
with the joint committee, an agency determines that it needs
additional time to consider the proposed rule and possibly file a
revised proposed rule, the agency may notify the joint committee of
the agency's intention to file a revised proposed rule. When the
agency notifies the joint committee of its intention to file a
revised proposed rule, the running of the time within which an
invalidating concurrent resolution may be adopted is tolled.

If,
after notifying the joint committee of the agency's intention to file
a revised proposed rule, the agency makes a revision in the proposed
rule, the agency shall file the revised proposed rule and a revised
rule summary and fiscal analysis with the joint committee. If the
revised proposed rule is filed thirty-five or fewer days after the
agency filed the original version of the proposed rule, the joint
committee shall review the revised proposed rule and revised rule
summary and fiscal analysis, and an invalidating concurrent
resolution may be adopted, not later than the sixty-fifth day after
the agency filed the original version of the proposed rule. If,
however, the revised proposed rule is filed more than thirty-five
days after the agency filed the original version of the proposed
rule, the joint committee shall review the revised proposed rule and
revised rule summary and fiscal analysis, and an invalidating
concurrent resolution may be adopted, not later than the thirtieth
day after the revised proposed rule is filed with the joint
committee.

(C)
When an original or revised version of a proposed rule and rule
summary and fiscal analysis is filed with the joint committee in
December or in the following January before the first day of the
legislative session, the joint committee shall review the proposed
rule and rule summary and fiscal analysis, and an invalidating
concurrent resolution may be adopted, as if the original version of
the proposed rule and rule summary and fiscal analysis had been filed
with the joint committee on the first day of the legislative session
in the following January. If, however, the original version of a
proposed rule and rule summary and fiscal analysis have been pending
before the joint committee for more than thirty-five days, and the
proposed rule and rule summary and fiscal analysis are revised in
December or in the following January before the first day of the
legislative session, the joint committee shall review the revised
proposed rule and revised rule summary and fiscal analysis, and an
invalidating concurrent resolution may be adopted, not later than the
thirtieth day after the first day of the legislative session in the
following January.

(D)
A revised proposed rule supersedes each earlier version of the same
proposed rule.

(E)
The joint committee shall endeavor not to hold its public hearing on
a proposed rule earlier than the forty-first day after the proposed
rule was filed with the joint committee. The chairperson of the joint
committee responsible for calling and conducting meetings under
section 101.35 of the Revised Code may select a date for the
committee's public hearing on a proposed rule that is earlier than
the forty-first day after the proposed rule was filed.

Sec.
106.021.
If,
upon reviewing a proposed rule or revised proposed rule, the joint
committee on agency rule review makes any of the following findings
with regard to the proposed rule or revised proposed rule, the joint
committee may recommend to the senate and house of representatives
the adoption of a concurrent resolution to invalidate the proposed
rule or revised proposed rule or a part thereof:

(A)
The proposed rule or revised proposed rule exceeds the scope of its
statutory authority.

(B)
The proposed rule or revised proposed rule conflicts with the
legislative intent of the statute under which it was proposed.

(C)
The proposed rule or revised proposed rule conflicts with another
proposed or existing rule.

(D)
The proposed rule or revised proposed rule incorporates a text or
other material by reference and:

(1)
The accompanying citation is not such as reasonably would enable a
reasonable person to whom the proposed rule or revised proposed rule
applies readily and without charge to find and inspect the
incorporated text or other material;

(2)
The accompanying citation is not such as reasonably would enable the
joint committee readily and without charge to find and inspect the
incorporated text or other material, and the agency did not file or
otherwise make the incorporated text or other material available
without charge to the joint committee; or

(3)
The agency has treated the proposed rule or revised proposed rule in
whole or in part as exempt from sections 121.71 to 121.74 of the
Revised Code on grounds the incorporated text or other material has
one or more of the characteristics described in division (B) of
section 121.75 of the Revised Code, but the incorporated text or
other material actually does not have any of those characteristics.

(E)
The agency has failed to prepare a complete and accurate rule summary
and fiscal analysis of the proposed rule or revised proposed rule as
required by section 106.024 of the Revised Code.

(F)
The agency has failed to demonstrate through the business impact
analysis, recommendations from the common sense initiative office,
and the memorandum of response that the regulatory intent of the
proposed rule or revised proposed rule justifies its adverse impact
on businesses in this state.

(G)
If the state agency is subject to sections 121.95, 121.951, 121.952,
and 121.953 of the Revised Code, the agency has failed to justify the
proposed adoption, amendment, or rescission of a rule containing a
regulatory restriction.

(H)
The proposed rule or revised proposed rule implements a federal law
or rule in a manner that is more stringent or burdensome than the
federal law or rule requires.

(I)
If the state agency is subject to sections 121.95, 121.951, 121.952,
and 121.953 of the Revised Code, for purposes of those sections, the
proposed rule or revised proposed rule removes or replaces "shall,"
"must," "require," "shall not," "may
not," "prohibit," or similar words in a portion of a
rule but does not remove a regulatory restriction as defined in
section 121.95 of the Revised Code.

(J)
The proposed rule or revised proposed rule is subject to section
106.025 of the Revised Code, and the joint committee has complied
with division (B) of that section.

Sec.
106.023.
(A)

An
agency may not adopt a proposed rule or revised proposed rule or file
it in final form unless the proposed rule has been filed with the
joint committee on agency rule review under division (D) of section
111.15 or division (C) of section 119.03 of the Revised Code and
the

one
of the following applies:

(1)
The
time
for the joint committee to review the proposed rule and for the
adoption of an invalidating concurrent resolution has expired without
adoption of a concurrent resolution to invalidate the proposed rule
;

(2)
The rule or revised proposed rule is subject to section 106.026 of
the Revised Code, and a law authorizing its adoption has been enacted
in accordance with Ohio Constitution, Article II, Sections 15 and 16
.

(B)

If,
before the time for its review of a proposed rule or revised proposed
rule expires, the joint committee recommends adoption of a concurrent
resolution invalidating the proposed rule or revised proposed rule,
and the senate and house of representatives does not, within the time
remaining for adoption of the concurrent resolution, hold five
sessions at which its journal records a roll call vote disclosing a
sufficient number of members in attendance to pass a bill, the time
within which that house may adopt the concurrent resolution is
extended until it has held five such sessions.

Sec.
106.024.
(A)
As used in this section:

(1)
"Agency" has the meaning defined in section 106.01 of the
Revised Code.

(2)
"Rule" includes the adoption, amendment, or rescission of a
rule.

(3)
"Proposed rule" means the original version of a proposed
rule, and each revised version of the same proposed rule, that is
filed with the joint committee on agency rule review under division
(D) of section 111.15 or division (C) of section 119.03 of the
Revised Code.

(B)
An agency shall prepare, on the form designed by the joint committee
on agency rule review, a complete and accurate rule summary and
fiscal analysis of each proposed rule that it files under division
(D) of section 111.15 or division (C) of section 119.03 of the
Revised Code.

The
joint committee on agency rule review shall design a form for the
rule summary and fiscal analysis.
In
the form, the joint committee shall include a space where an agency
shall explain the reasoning for any proposed rescission of a rule,
including a statement as to whether the agency intends to continue
relying on a principle of law or policy stated in the rule when
conducting adjudications or other determinations of rights and
liabilities or in issuing writings and other materials.

The
form
also

may
solicit information such as the following information:

(1)
The name, address, and telephone number of the agency, and the name,
telephone number, and electronic mail address of an individual or
office within the agency designated by that agency to be responsible
for coordinating and making available information in the possession
of the agency regarding the proposed rule;

(2)
The Ohio Administrative Code rule number of the proposed rule;

(3)
A brief summary of, and the legal basis for, the proposed rule,
including citations identifying the statute that prescribes the
procedure in accordance with which the agency is required to adopt
the proposed rule, the statute that authorizes the agency to adopt
the proposed rule, and the statute that the agency intends to amplify
or implement by adopting the proposed rule;

(4)
An estimate, in dollars, of the amount by which the proposed rule
would increase or decrease revenues or expenditures during the
current biennium;

(5)
A citation identifying the appropriation that authorizes each
expenditure that would be necessitated by the proposed rule;

(6)
A summary of the estimated cost of compliance with the rule to all
directly affected persons;

(7)
The reasons why the rule is being proposed;

(8)
If the rule has a fiscal effect on school districts, counties,
townships, or municipal corporations, an estimate in dollars of the
cost of compliance with the rule, or, if dollar amounts cannot be
determined, a written explanation of why it was not possible to
ascertain dollar amounts;

(9)
If the rule has a fiscal effect on school districts, counties,
townships, or municipal corporations and is the result of a federal
requirement, a clear explanation that the proposed state rule does
not exceed the scope and intent of the requirement, or, if the state
rule does exceed the minimum necessary federal requirement, a
justification of the excess cost, and an estimate of the costs,
including those costs for local governments, exceeding the federal
requirement;

(10)
If the rule has a fiscal effect on school districts, counties,
townships, or municipal corporations, a comprehensive cost estimate
that includes the procedure and method of calculating the costs of
compliance and identifies major cost categories including personnel
costs, new equipment or other capital costs, operating costs, and
indirect central service costs related to the rule. The fiscal
analysis shall also include a written explanation of the agency's and
the affected local government's ability to pay for the new
requirements and a statement of any impact the rule will have on
economic development.

(11)
If the rule incorporates a text or other material by reference, and
the agency claims the incorporation by reference is exempt from
compliance with sections 121.71 to 121.74 of the Revised Code on
grounds the incorporated text or other material has one or more of
the characteristics described in division (B) of section 121.75 of
the Revised Code, an explanation of how the incorporated text or
other material is exempted under that division;

(12)
If the rule imposes a fee, an explanation of how the fee directly
relates to the cost actually incurred by the agency in performing the
function for which the fee is charged.

The
rule summary and fiscal analysis form, instead of or in addition to
the foregoing, may solicit any other information the joint committee
on agency rule review considers necessary to make the proposed rule
or the fiscal effect of the proposed rule fully understandable.

(C)
The agency shall file the rule summary and fiscal analysis in
electronic form along with the proposed rule that it files under
division (D) of section 111.15 or divisions (B) and (C) of section
119.03 of the Revised Code. The joint committee on agency rule review
shall not accept any proposed rule for filing unless a copy of the
rule summary and fiscal analysis of the proposed rule, completely and
accurately prepared, is filed along with the proposed rule.

(D)
The joint committee on agency rule review shall review the fiscal
effect of each proposed rule that is filed under division (D) of
section 111.15 or division (C) of section 119.03 of the Revised Code.

Sec.
106.025.
(A)
Except as provided in division (C) of this section, on reviewing a
proposed rule or revised proposed rule, the joint committee on agency
rule review may proceed in accordance with division (B) of this
section if it makes any of the following findings with respect to the
rule's summary and fiscal analysis:

(1)
The proposed rule or revised proposed rule will increase the agency's
expenditures during the current biennium by one hundred thousand
dollars or more.

(2)
The cost to comply with the proposed rule or revised proposed rule
for a directly affected person will be one hundred thousand dollars
or more.

(3)
The proposed rule or revised proposed rule will impose an annual
effect on this state's economy of one million dollars or more.

(B)
If the joint committee makes one or more of the findings listed in
division (A) of this section, the chairperson of the joint committee
responsible for calling and conducting meetings under section 101.35
of the Revised Code may request a designee of the filing agency to
appear before the joint committee to answer questions about the
fiscal effect of the proposed rule or revised proposed rule. The
request shall be transmitted to the agency electronically and specify
the time and place at which a designee is to appear before the joint
committee to answer the joint committee's questions.

On
receiving the request, the agency shall designate a suitable agency
officer or employee to appear on behalf of the agency before the
joint committee as directed in the request. The agency electronically
shall notify the joint committee of the name, title, telephone
number, and electronic mail address of the officer or employee who
has been designated to appear before the joint committee in response
to the request.

After
the appearance has concluded, or if the agency designee fails to
appear, the joint committee may do any of the following:

(1)
Allow the time for legislative review to expire;

(2)
Recommend the adoption of a concurrent resolution to invalidate the
proposed rule under section 106.021 of the Revised Code;

(3)
By vote of a majority of its members, refer the rule for
consideration by the full general assembly in accordance with section
106.026 of the Revised Code.

(C)
This section does not apply to a proposed rule or revised proposed
rule if the rule is based on specific statutory language authorizing
or requiring an agency to adopt the rule as opposed to a general
grant of authority to adopt rules implementing a law.

Sec.
106.026.
(A)
This section applies to a proposed rule or revised proposed rule that
the joint committee on agency rule review has, in accordance with
section 106.025 of the Revised Code, referred for consideration by
the full general assembly.

(B)
If a proposed rule or revised proposed rule is subject to this
section, the chairperson of the joint committee on agency rule review
responsible for calling and conducting meetings under section 101.35
of the Revised Code shall immediately transmit the proposed rule or
revised proposed rule and rule summary and fiscal analysis to the
clerk of the senate and the clerk of the house of representatives.
After the chairperson of the joint committee transmits the rule and
rule summary and fiscal analysis under this division, all of the
following apply:

(1)
The joint committee shall take no further action with respect to the
proposed rule until after it is adopted or refiled in accordance with
division (D) of this section.

(2)
The agency shall not file a revised proposed version of the rule.

(3)
The agency shall not adopt the proposed rule unless adoption is
authorized by a law enacted in accordance with Ohio Constitution,
Article II, Sections 15 and 16 after the chairperson transmits the
rule and rule summary and fiscal analysis under this division.

(C)
As soon as practicable after receiving a proposed rule or revised
proposed rule transmitted under division (B) of this section:

(1)
The clerk of the senate shall make the proposed rule or revised
proposed rule and rule summary and fiscal analysis available to all
members of the senate; and

(2)
The clerk of the house of representatives shall make the proposed
rule or revised proposed rule and rule summary and fiscal analysis
available to all members of the house of representatives.

Any
member of the general assembly may introduce legislation authorizing
the agency to adopt the proposed rule or revised proposed rule.

(D)
If a law authorizing the proposed rule or revised proposed rule is
enacted before the general assembly adjourns sine die, legislative
review under this chapter ends and the agency may, on or after the
law's effective date, file the rule in compliance with section 111.15
or 119.04 of the Revised Code, as applicable. If a law authorizing
the rule is not enacted before the general assembly adjourns sine
die, the proposed rule or revised proposed rule is invalidated. The
agency may refile the rule and rule summary and fiscal analysis with
the joint committee.

(E)
This section does not apply to any rule that is exempt from
legislative review under division (D) of section 111.15 of the
Revised Code or division (C) of section 119.03 of the Revised Code.

(F)
The enactment of a law in accordance with Ohio Constitution, Article
II, Sections 15 and 16, authorizing an agency to adopt a proposed
rule or revised proposed rule to which this section applies, does not
do either of the following:

(1)
Grant an agency additional rulemaking authority or modify the
agency's existing rulemaking authority;

(2)
Extinguish or modify any claim against an agency arising from the
rule.

(G)
The enactment of a law in accordance with Ohio Constitution, Article
II, Sections 15 and 16, authorizing an agency to adopt a proposed
rule or revised proposed rule to which this section applies, shall
not be used as evidence in any proceeding concerning the rule except
for the purpose of determining whether the rule is in effect.

Sec.
106.031.
If
an agency, on the basis of its review of a rule under section 106.03
of the Revised Code, determines that the rule does not need to be
amended or rescinded, proceedings shall be had as follows:

(A)(1)
If, considering only the standard of review specified in division
(A)(7) of section 106.03 of the Revised Code, the rule has an adverse
impact on businesses, the agency shall prepare a business impact
analysis that describes its review of the rule under that division
and that explains why the regulatory intent of the rule justifies its
adverse impact on businesses. If the rule does not have an adverse
impact on businesses, the agency may proceed under division (B) of
this section.

(2)
The agency shall transmit a copy of the full text of the rule and the
business impact analysis electronically to the common sense
initiative office. The office shall make the rule and analysis
available to the public on its web site under section 107.62 of the
Revised Code.

(3)
The agency shall consider any recommendations made by the office.

(4)
Not earlier than the sixteenth business day after transmitting the
rule and analysis to the office, the agency shall either (a) proceed
under divisions (A)(5) and (B) of this section or (b) commence, under
division (B)(1) of section 106.03 of the Revised Code, the process of
rescinding the rule or of amending the rule to incorporate into the
rule features the recommendations suggest will eliminate or reduce
the adverse impact the rule has on businesses. If the agency
determines to amend or rescind the rule, the agency is not subject to
the time limit specified in division (B)(1) of section 106.03 of the
Revised Code.

(5)
If the agency receives recommendations from the office, and
determines not to amend or rescind the rule, the agency shall prepare
a memorandum of response that explains why the rule is not being
rescinded or why the recommendations are not being incorporated into
the rule.

(B)
The agency shall assign a new review date to the rule. The review
date assigned shall be not later than five years after the
immediately preceding review date pertaining to the rule. If the
agency assigns a review date that exceeds the five-year maximum, the
review date is five years after the immediately preceding review
date. The immediately preceding review date includes the date of the
review of a rule under section 106.032 of the Revised Code.

(C)
The agency shall file all the following, in electronic form, with the
joint committee on agency rule review, the secretary of state, and
the director of the legislative service commission: a copy of the
rule specifying its new review date, a complete and accurate rule
summary and fiscal analysis, and, if relevant, a business impact
analysis of the rule, any recommendations received from the common
sense initiative office, and any memorandum of response.

(D)
The joint committee shall publish notice of the agency's
determination not to amend or rescind the rule in the register of
Ohio for four consecutive weeks after the rule is filed under
division (C) of this section.

(E)
During the ninety-day period after a rule is filed under division (C)
of this section, but after the four-week notice period required by
division (D) of this section has ended, the joint committee may
recommend to the senate and house of representatives the adoption of
a concurrent resolution invalidating the rule if the joint committee
finds any of the following:

(1)
The agency improperly applied the standards in division (A) of
section 106.03 of the Revised Code in reviewing the rule and in
determining that the rule did not need amendment or rescission.

(2)
The rule has an adverse impact on businesses, and the agency has
failed to demonstrate through a business impact analysis,
recommendations from the common sense initiative office, and a
memorandum of response that the regulatory intent of the rule
justifies its adverse impact on businesses.

(3)
If the rule incorporates a text or other material by reference, any
of the following applies:

(a)
The citation accompanying the incorporation by reference is not such
as reasonably would enable a reasonable person to whom the rule
applies readily and without charge to find and inspect the
incorporated text or other material;

(b)
The citation accompanying the incorporation by reference is not such
as reasonably would enable the joint committee readily and without
charge to find and inspect the incorporated text or other material;
or

(c)
The rule has been exempted in whole or in part from sections 121.71
to 121.74 of the Revised Code on grounds the incorporated text or
other material has one or more of the characteristics described in
division (B) of section 121.75 of the Revised Code, but the
incorporated text or other material actually does not have any of
those characteristics.

(4)
If the agency is subject to sections 121.95, 121.951, 121.952, and
121.953 of the Revised Code, the agency has failed to justify the
retention of a rule containing a regulatory restriction.

(5)
The rule implements a federal law or rule in a manner that is more
stringent or burdensome than the federal law or rule requires.

(F)

If
the agency fails to comply with section 106.03 or 106.031 of the
Revised Code, the joint committee shall afford the agency an
opportunity to appear before the joint committee to show cause why
the agency has not complied with either or both of those sections. If
the agency appears before the joint committee at the time scheduled
for the agency to show cause, and fails to do so, the joint
committee, by vote of a majority of its members present, may
recommend the adoption of a concurrent resolution invalidating the
rule for the agency's failure to show cause. Or if the agency fails
to appear before the joint committee at the time scheduled for the
agency to show cause, the joint committee, by vote of a majority of
its members present, may recommend adoption of a concurrent
resolution invalidating the rule for the agency's default.

(G)(1)

When
the joint committee recommends that a rule be invalidated

for
the agency's failure to show cause at an appearance before the joint
committee
,
the recommendation does not suspend operation of the rule, and the
rule remains operational pending action by the senate and house of
representatives on the concurrent resolution embodying the
recommendation. If the senate and house of representatives adopt the
concurrent resolution, the rule is invalid. If, however, the senate
and house of representatives do not adopt the resolution, the rule
continues in effect, and shall next be reviewed according to the new
review date assigned to the rule.

(2)
When the joint committee recommends that a rule be invalidated for
the agency's failure to appear before the joint committee, the
recommendation does not suspend operation of the rule, and the rule
remains operational pending action by the senate and house of
representatives on the concurrent resolution embodying the
recommendation. If the senate and house of representatives adopt the
concurrent resolution, the rule is invalid. If, however, the senate
and house of representatives do not adopt the resolution, the rule
expires in accordance with section 106.033 of the Revised Code.

Sec.
106.033.
Notwithstanding
any provision of section 106.031 of the Revised Code to the contrary,
if an agency fails to perform a review of an existing rule in
accordance with section 106.03 of the Revised Code for one year after
the rule's review date, the rule is invalid. The agency shall cease
enforcing the rule and shall not rely on a principle of law or policy
stated in the rule when conducting adjudications or other
determinations of rights and liabilities or in issuing writings and
other materials. The agency may institute rulemaking proceedings with
regard to a rule that is invalid under this section.

Sec.
107.03.
(A)
As used in this section, "transportation budget" means the
biennial budget that primarily includes the following:

(1)
Motor fuel excise tax-related appropriations for the department of
transportation, public works commission, and department of
development;

(2)
Other appropriations that pertain to transportation and
infrastructure related to transportation.

(B)
The governor shall submit a transportation budget to the general
assembly not later than four weeks after the general assembly's
organization.

(C)
The governor shall submit to the general assembly, not later than
four weeks after its organization, a state budget containing a
complete financial plan for the ensuing fiscal biennium, excluding
items of revenue and expenditure described in section 126.022 of the
Revised Code. However, in years of a new governor's inauguration,
this budget shall be submitted not later than the fifteenth day of
March.

(D)
In years of a new governor's inauguration, only the new governor
shall submit a budget to the general assembly. In addition to other
things required by law, each of the governor's budgets shall contain:

(1)
A general budget summary by function and agency setting forth the
proposed total expenses from each and all funds and the anticipated
resources for meeting such expenses; such resources to include any
available balances in the several funds at the beginning of the
biennium and a classification by totals of all revenue receipts
estimated to accrue during the biennium under existing law and
proposed legislation.

(2)
A detailed statement showing the amounts recommended to be
appropriated from each fund for each fiscal year of the biennium for
current expenses, including, but not limited to, personal services,
supplies and materials, equipment, subsidies and revenue
distribution, merchandise for resale, transfers, and nonexpense
disbursements, obligations, interest on debt, and retirement of debt,
and for the biennium for capital outlay, to the respective
departments, offices, institutions, as defined in section 121.01 of
the Revised Code, and all other public purposes; and, in comparative
form, the actual expenses by source of funds during each fiscal year
of the previous two bienniums for each such purpose. No alterations
shall be made in the requests for the legislative and judicial
branches of the state filed with the director of budget and
management under section 126.02 of the Revised Code. If any amount of
federal money is recommended to be appropriated or has been expended
for a purpose for which state money also is recommended to be
appropriated or has been expended, the amounts of federal money and
state money involved shall be separately identified.

(3)
A detailed estimate of the revenue receipts in each fund from each
source under existing laws during each year of the biennium; and, in
comparative form, actual revenue receipts in each fund from each
source for each year of the two previous bienniums;

(4)
The estimated cash balance in each fund at the beginning of the
biennium covered by the budget; the estimated liabilities outstanding
against each such balance; and the estimated net balance remaining
and available for new appropriations;

(5)
A detailed estimate of the additional revenue receipts in each fund
from each source under proposed legislation, if enacted, during each
year of the biennium;

(6)
The most recent report prepared by the department of taxation under
section 5703.48 of the Revised Code, which shall be submitted to the
general assembly as an appendix to the governor's budget;

(7)
The most recent TANF spending plan prepared by the department of job
and family services under section 5101.806 of the Revised Code, which
shall be submitted to the general assembly as an appendix to the
governor's budget;

(8)
The medicaid caseload and expenditure forecast report prepared by the
office of budget and management, in consultation with the department
of medicaid, under section 126.021 of the Revised Code. The report
shall be submitted to the general assembly as a supplemental budget
document to provide an in-depth analysis of the governor's budget
recommendations for the medicaid budget as a whole and for each of
the major medicaid appropriation items. The report shall clearly
distinguish a proposed policy change from continuing law or
administrative policy and indicate whether the data used throughout
the report is proposed, estimated, or actual data for the current or
proposed budget biennium. At a minimum, the report shall delineate a
part-to-whole mapping of the state and federal shares of the general
revenue fund appropriation item 651525, medicaid health care
services, or any other equivalent general revenue fund appropriation
item, by eligibility group and subgroup, service delivery system,
delivery system, medicaid provider, and program.

(E)
The governor shall not submit to the general assembly a state budget
that suspends the operation of section 131.44 of the Revised Code for
the fiscal year immediately prior to the biennium covered by the
budget resulting in a beginning cash balance for the general revenue
fund for the biennium covered by the budget that is greater than the
ending fund balance required by section 131.44 of the Revised Code,
excluding any encumbered funds that are to be disbursed in the
biennium covered by the budget.

Sec.
107.032.
As
used in sections 107.033 to 107.035 of the Revised Code:

(A)
"Aggregate general revenue fund appropriations" means all

appropriations
made by the general assembly either directly from the
general
revenue fund
appropriations
made by the general assembly
or
indirectly from any nongeneral revenue fund supported by cash
transfers from the general revenue fund
except
for the following:

(1)
Appropriations of money received from the federal government;

(2)
Appropriations made for tax relief or refunds of taxes and other
overpayments;

(3)
Appropriations of money received as gifts.

(B)

"Rate
of inflation" means the percentage increase or decrease in the
consumer price index over a one-year period, based on the most recent
consumer price index for all urban consumers, midwest region, all
items, as determined by the bureau of labor statistics of the United
States department of labor or, if that index is no longer published,
a generally available comparable index.

(C)
"Rate of population change" means the percentage increase
or decrease in the population of this state over a one-year period,
based on the most recent population data available for the state
published by the bureau of the census of the United States department
of commerce, or its successor in responsibility, in the population
estimates program, or its successive equivalent.

(D)

"Recast
fiscal year" means fiscal years 2012, 2016, 2020, and each
fourth fiscal year thereafter.

Sec.
107.033.
As
part of the state budget the governor submits to the general assembly
under section 107.03 of the Revised Code, the governor shall include
the state appropriation limitations the general assembly shall not
exceed when making aggregate general revenue fund appropriations for
each respective fiscal year of the biennium covered by that budget.
The aggregate general revenue fund appropriations the governor
proposes in the state budget also shall not exceed those limitations
for each respective fiscal year of the biennium covered by that
budget.
As
part of this submission, the governor shall identify all nongeneral
revenue fund appropriation line items that are subject to the state
appropriation limitation for the current fiscal year. If the governor
decides to continue funding any of those nongeneral revenue fund line
items, the governor shall, to the greatest extent possible, propose
funding for those nongeneral revenue fund line items from the general
revenue fund for each respective fiscal year of the biennium covered
by that budget. Also as part of this submission, the governor shall
include a table listing any remaining nongeneral revenue fund
appropriation line items that are subject to the state appropriation
limitation for the current fiscal year and for each respective fiscal
year of the biennium covered by that budget.

(A)

For
fiscal year 2008, the state appropriation limitation is the sum of
the following:

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

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

(B)

For
each fiscal year
thereafter

that
is not a recast fiscal year, the state appropriation limitation is
the sum of the following:

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

(2)
The state appropriation limitation for the previous fiscal year
multiplied by
either

three
and one-half per cent
,
or the sum of the rate of inflation plus the rate of population
change, whichever is greater
.

(C)
(B)

For each recast fiscal year, the state appropriation limitation is
the sum of the following:

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

(2)
The aggregate general revenue fund appropriations for the previous
fiscal year multiplied by
either

three
and one-half per cent
,
or the sum of the rate of inflation plus the rate of population
change, whichever is greater
.

(D)
(C)

The state appropriation limitation for a fiscal year shall be
increased by the amount of a nongeneral revenue fund appropriation
made in the immediately preceding fiscal year, if all of the
following apply to the nongeneral revenue fund appropriation:

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

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

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

(D)
The main operating appropriations act shall contain a list of all
nongeneral revenue fund appropriation line items subject to the state
appropriation limitations under this section.

Sec.
107.034.
For
the purpose of calculations made on and after the effective date of
this section, any tax revenue credited to the general revenue fund
under section 113.09 of the Revised Code any time during fiscal years
2026 and 2027 shall be considered a general revenue fund tax source
to fund general revenue fund appropriations for each succeeding
fiscal year with respect to the determination of the state
appropriation limitations under section 107.033 of the Revised Code,
even if that tax revenue is subsequently credited to a nongeneral
revenue fund account. An appropriation made from that nongeneral
revenue fund account shall be considered as if it were made from the
general revenue fund.

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

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

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

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

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

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

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

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

(a)
Four individuals appointed by the governor;

(b)
One member of the house of representatives appointed by the speaker
of the house of representatives;

(c)
One member of the senate appointed by the president of the senate;

(d)
Two individuals to represent the faith-based and other nonprofit
community, one appointed by the speaker of the house of
representatives, and one appointed by the president of the senate.

(2)

Members
of the house of representatives and of the senate who are appointed
to serve on the advisory board shall serve on the board for the
duration of the general assembly during which they were appointed.

Terms
of the office
for
all other members of the advisory board
shall
be one year. Any vacancy that occurs on the board shall be filled in
the same manner as the original appointment.

(3)
Members of the board are not entitled to compensation, but public
members appointed by the governor, the speaker of the house of
representatives, and the president of the senate shall be reimbursed
for their actual and necessary expenses that are incurred in relation
to board meetings.

(4)
The board shall be presided over by a chairperson and a
vice-chairperson, who shall be the members of the board who are also
members of the house of representatives or the senate. Annually on
the first day of January, the chairpersonship and
vice-chairpersonship shall alternate between the members of the house
of representatives and the senate
.
The member of the senate shall be the chairperson during the first
regular session of a general assembly and the member of the house of
representatives shall be the chairperson during the second regular
session of the general assembly
.

(E)
The board shall have the following duties:

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

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

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

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

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

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

Sec.
109.02.
The
attorney general is the chief law officer for the state and all its
departments and shall be provided with adequate office space in
Columbus. Except as provided in division (E) of section 120.06 and in
sections 101.55, 107.13, and
3517.152
to 3517.157
3517.14
to 3517.18
of
the Revised Code, no state officer or board, or head of a department
or institution of the state shall employ, or be represented by, other
counsel or attorneys at law. The attorney general shall appear for
the state in the trial and argument of all civil and criminal causes
in the supreme court in which the state is directly or indirectly
interested. When required by the governor or the general assembly,
the attorney general shall appear for the state in any court or
tribunal in a cause in which the state is a party, or in which the
state is directly interested. Upon the written request of the
governor, the attorney general shall prosecute any person indicted
for a crime.

Sec.

103.73

109.39
.

(A)

The
correctional institution inspection committee shall do all of the
following:

(1)
Subject to division (C) of this section, establish
There
is, as a section within the office of the attorney general, an office
of correctional facility inspection services. The office shall
establish
and
maintain a continuing program of inspection of each state
correctional institution used for the custody, control, training, and
rehabilitation of persons convicted of crime and of each private
correctional facility
.
Subject to division (C) of this section, the committee may inspect
;

any
local correctional institution used for the same purposes
;
and any youth services facility
.

Subject
to division (C) of this section, the committee, and each member of
the committee, for the purpose of making an inspection pursuant to
this section, shall have access to any state or local correctional
institution, to any private correctional facility, or to any part of
the institution or facility and shall not be required to give advance
notice of, or to make prior arrangements before conducting, an
inspection.

Each
inspection shall include an evaluation of the inmate grievance
procedure, compliance with meal requirements, at least one review of
rehabilitative or educational programs, and any other compliance area
the office determines is appropriate. Not later than the last day of
January of each year, the office shall submit a report on its
findings from the previous calendar year to the general assembly in
accordance with section 101.68 of the Revised Code.

(2)
Evaluate and
(B)
The correctional facility inspection services office may
assist

the
attorney general and correctional facility leadership
in
the development

and
evaluation

of programs to improve the condition or operation of
correctional

the
facilities or
institutions

listed
in division (A) of this section
;

(3)
Prepare a report for submission to the succeeding general assembly of
the findings the committee makes in its inspections and of any
programs that have been proposed or developed to improve the
condition or operation of the correctional institutions in the state.
The report shall contain a separate evaluation of the inmate
grievance procedure at each state correctional institution. The
committee shall submit the report to the succeeding general assembly
within fifteen days after commencement of that general assembly's
first regular session
.

(B)
Subject to division (C) of this section, the committee shall make an
inspection of each state correctional institution each biennium and
of each private correctional facility each biennium. The inspection
shall include attendance at one general meal period and one
rehabilitative or educational program

(C)
The office of correctional facility inspection services shall not be
required to give advance notice of, or to make prior arrangements
before conducting, an inspection under division (A) of this section
.

(C)
An inspection of a state correctional institution, a private
correctional facility, or a local correctional institution under
division (A) or (B) of this section or under section 103.74 of the
Revised Code, or an inspection under section 103.76 of the Revised
Code, is subject to and shall be conducted in accordance with all of
the following:

(1)
The inspection shall not be conducted unless the chairperson of the
committee grants prior approval for the inspection.

(2)
The inspection shall be conducted by at least one staff member of the
committee and may include one or more of the members appointed to the
committee.

(3)
Unless the chairperson of the committee determines that the
inspection must be conducted outside of normal business hours for any
reason, including emergency circumstances or a justifiable cause that
perpetuates the mission of the committee, and the chairperson
specifies in the grant of prior approval for the inspection that the
chairperson has so determined, the inspection shall be conducted only
during normal business hours. If the chairperson determines that the
inspection must be conducted outside of normal business hours and the
chairperson specifies in the grant of prior approval for the
inspection that the chairperson has so determined, the inspection may
be conducted outside of normal business hours
.

(D)

The
attorney general shall provide adequate office space, staff,
equipment, and materials to the correctional facility inspection
services office.

(E)
The total costs of each inspection conducted under this section shall
be recovered by the attorney general from the department of
corrections and rehabilitation or the department of youth services.

(F)

As used in this section:

(1)

"Local
public entity," "out-of-state prisoner," and "private
contractor" have the same meanings as in section 9.07 of the
Revised Code.

(2)

"Private
correctional facility" means a correctional facility in this
state that houses out-of-state prisoners and that is operated by a
private contractor under a contract with a local public entity
pursuant to section 9.07 of the Revised Code.

"Youth
services facility" means a facility operated, or contracted for,
by the department of youth services that is used for the care,
protection, treatment, or secure confinement of any child committed
to the department's custody.

Sec.
109.71.
There
is hereby created in the office of the attorney general the Ohio
peace officer training commission. The commission shall consist of
ten members appointed by the governor with the advice and consent of
the senate and selected as follows: one member representing the
public; one member who represents a fraternal organization
representing law enforcement officers; two members who are incumbent
sheriffs; two members who are incumbent chiefs of police; one member
from the bureau of criminal identification and investigation; one
member from the state highway patrol; one member who is the special
agent in charge of a field office of the federal bureau of
investigation in this state; and one member from the department of
education and workforce, trade and industrial education services, law
enforcement training.

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

Pursuant
to division (A)(9) of section 101.82 of the Revised Code, the
The

commission
is exempt from the requirements of sections 101.82 to 101.87 of the
Revised Code.

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

(A)
"Peace officer" means:

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

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

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

(4)
An undercover drug agent;

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

(6)
An employee of the department of natural resources who is a natural
resources law enforcement staff officer designated pursuant to
section 1501.013, a natural resources officer appointed pursuant to
section 1501.24, a forest-fire investigator appointed pursuant to
section 1503.09, or a wildlife officer designated pursuant to section
1531.13 of the Revised Code;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(24)
A gaming agent employed under section 3772.03 of the Revised Code;

(25)
An employee of the state board of pharmacy designated by the
executive director of the board pursuant to section 4729.04 of the
Revised Code to investigate violations of Chapters 2925., 3715.,
3719., 3796., 4729., and 4752. of the Revised Code and rules adopted
thereunder.

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

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

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

(E)
"Tactical medical professional" means an EMT, EMT-basic,
AEMT, EMT-I, paramedic, nurse, or physician who is trained and
certified in a nationally recognized tactical medical training
program that is equivalent to "tactical combat casualty care"
(TCCC) and "tactical emergency medical support" (TEMS) and
who functions in the tactical or austere environment while attached
to a law enforcement agency of either this state or a political
subdivision of this state.

(F)
"EMT-basic," "EMT-I," and "paramedic"
have the same meanings as in section 4765.01 of the Revised Code and
"EMT" and "AEMT" have the same meanings as in
section 4765.011 of the Revised Code.

(G)
"Nurse" means any of the following:

(1)
Any person who is licensed to practice nursing as a registered nurse
by the board of nursing;

(2)
Any certified nurse practitioner, clinical nurse specialist,
certified registered nurse anesthetist, or certified nurse-midwife
who holds a certificate of authority issued by the board of nursing
under Chapter 4723. of the Revised Code;

(3)
Any person who is licensed to practice nursing as a licensed
practical nurse by the board of nursing pursuant to Chapter 4723. of
the Revised Code.

(H)
"Physician" means a person who is licensed pursuant to
Chapter 4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(I)
"County correctional officer" has the same meaning as in
section 341.41 of the Revised Code.

(J)(1)
"Fire investigator" means an employee of a fire department
charged with investigating fires and explosions who has been
authorized, in accordance with sections 737.27 and 3737.24 of the
Revised Code, to perform the duties of investigating the origin and
cause of fires and explosions using the scientific method to
investigate elements of the event including the circumstances,
actions, persons, means, and motives that resulted in the fire or
explosion or the report of a fire or explosion within this state.

(2)
"Fire investigator" does not include a person who is acting
as a fire investigator on behalf of an insurance company or any other
privately owned or operated enterprise.

(K)
"Fire department" means a fire department of the state or
an instrumentality of the state or of a municipal corporation,
township, joint fire district, or other political subdivision.

(L)
"At-risk youth" means an individual who is all of the
following:

(1)
Under twenty-one years of age;

(2)
One of the following:

(a)
At risk of becoming an abused, neglected, or dependent child,
delinquent or unruly child, or juvenile traffic offender;

(b)
An abused, neglected, or dependent child, delinquent or unruly child,
or juvenile traffic offender.

(3)
Residing in a state correctional institution, a department of youth
services institution, or a residential facility.

(M)
"Residential facility" has the same meaning as in section
2151.46 of the Revised Code.

Sec.
109.73.
(A)
The Ohio peace officer training commission shall recommend rules to
the attorney general with respect to all of the following:

(1)
The approval, or revocation of approval, of peace officer training
schools administered by the state, counties, municipal corporations,
public school districts, technical college districts, and the
department of natural resources;

(2)
Minimum courses of study, attendance requirements, and equipment and
facilities to be required at approved state, county, municipal, and
department of natural resources peace officer training schools;

(3)
Minimum qualifications for instructors at approved state, county,
municipal, and department of natural resources peace officer training
schools;

(4)
The requirements of minimum basic training that peace officers
appointed to probationary terms shall complete before being eligible
for permanent appointment, which requirements shall include training
in the handling of the offense of domestic violence, other types of
domestic violence-related offenses and incidents, and protection
orders and consent agreements issued or approved under section
2919.26 or 3113.31 of the Revised Code; crisis intervention training;
and training in the handling of missing children and child abuse and
neglect cases; and training in handling violations of section 2905.32
of the Revised Code; and the time within which such basic training
shall be completed following appointment to a probationary term;

(5)
The requirements of minimum basic training that peace officers not
appointed for probationary terms but appointed on other than a
permanent basis shall complete in order to be eligible for continued
employment or permanent appointment, which requirements shall include
training in the handling of the offense of domestic violence, other
types of domestic violence-related offenses and incidents, and
protection orders and consent agreements issued or approved under
section 2919.26 or 3113.31 of the Revised Code, crisis intervention
training, and training in the handling of missing children and child
abuse and neglect cases, and training in handling violations of
section 2905.32 of the Revised Code, and the time within which such
basic training shall be completed following appointment on other than
a permanent basis;

(6)
Categories or classifications of advanced in-service training
programs for peace officers, including programs in the handling of
the offense of domestic violence, other types of domestic
violence-related offenses and incidents, and protection orders and
consent agreements issued or approved under section 2919.26 or
3113.31 of the Revised Code, in crisis intervention, and in the
handling of missing children and child abuse and neglect cases, and
in handling violations of section 2905.32 of the Revised Code, and
minimum courses of study and attendance requirements with respect to
such categories or classifications;

(7)
Permitting persons, who are employed as members of a campus police
department appointed under section 1713.50 of the Revised Code; who
are employed as police officers by a qualified nonprofit corporation
police department pursuant to section 1702.80 of the Revised Code;
who are appointed and commissioned as bank, savings and loan
association, savings bank, credit union, or association of banks,
savings and loan associations, savings banks, or credit unions police
officers, as railroad police officers, or as hospital police officers
pursuant to sections 4973.17 to 4973.22 of the Revised Code; or who
are appointed and commissioned as amusement park police officers
pursuant to section 4973.17 of the Revised Code, to attend approved
peace officer training schools, including the Ohio peace officer
training academy, and to receive certificates of satisfactory
completion of basic training programs, if the private college or
university that established the campus police department; qualified
nonprofit corporation police department; bank, savings and loan
association, savings bank, credit union, or association of banks,
savings and loan associations, savings banks, or credit unions;
railroad company; hospital; or amusement park sponsoring the police
officers pays the entire cost of the training and certification and
if trainee vacancies are available;

(8)
Permitting undercover drug agents to attend approved peace officer
training schools, other than the Ohio peace officer training academy,
and to receive certificates of satisfactory completion of basic
training programs, if, for each undercover drug agent, the county,
township, or municipal corporation that employs that undercover drug
agent pays the entire cost of the training and certification;

(9)(a)
The requirements for basic training programs for bailiffs and deputy
bailiffs of courts of record of this state and for criminal
investigators employed by the state public defender that those
persons shall complete before they may carry a firearm while on duty;

(b)
The requirements for any training received by a bailiff or deputy
bailiff of a court of record of this state or by a criminal
investigator employed by the state public defender prior to June 6,
1986, that is to be considered equivalent to the training described
in division (A)(9)(a) of this section.

(10)
Establishing minimum qualifications and requirements for
certification for dogs utilized by law enforcement agencies;

(11)
Establishing minimum requirements for certification of persons who
are employed as correction officers in a full-service jail, five-day
facility, or eight-hour holding facility or who provide correction
services in such a jail or facility;

(12)
Establishing requirements for the training of humane society agents
under section 1717.061 of the Revised Code, including, without
limitation, a requirement that the agents receive instruction on
traditional animal husbandry methods and training techniques,
including customary owner-performed practices;

(13)
Permitting tactical medical professionals to attend approved peace
officer training schools, including the Ohio peace officer training
academy, to receive training of the type described in division
(A)(14) of this section and to receive certificates of satisfactory
completion of training programs described in that division;

(14)
The requirements for training programs that tactical medical
professionals shall complete to qualify them to carry firearms while
on duty under section 109.771 of the Revised Code, which requirements
shall include at least the firearms training specified in division
(A) of section 109.748 of the Revised Code;

(15)
Procedures and requirements for a portion of basic training that
peace officers complete in proper interactions with civilians during
traffic stops and other in-person encounters as specified in division
(B)(4) of section 109.803 of the Revised Code and including the
topics of instruction listed for active duty peace officers under
divisions (B)(4)(a) to (d) of that section;

(16)
Permitting county correctional officers to attend approved peace
officer training schools, including the Ohio peace officer training
academy, to receive training of the type described in division
(A)(17) of this section, and to receive certificates of satisfactory
completion of basic training programs described in that division;

(17)
The requirements for basic training programs that county correctional
officers shall complete to qualify them to carry firearms while on
duty under section 109.772 of the Revised Code, which requirements
shall include the firearms training specified in section 109.773 of
the Revised Code;

(18)
Permitting fire investigators to attend approved peace officer
training schools, including the Ohio peace officer training academy,
to receive training of the type described in division (A)(19) of this
section, and to receive certificates of satisfactory completion of
training programs described in that division;

(19)
The requirements for training programs that fire investigators shall
complete to qualify them to carry firearms while on duty under
section 109.774 of the Revised Code, which requirements shall include
at least the firearms training specified in division (A) of section
109.7481 of the Revised Code
;

(20)
The requirements for refresher training under division (M) of section
109.77 of the Revised Code
.

(B)
The commission shall appoint an executive director, with the approval
of the attorney general, who shall hold office during the pleasure of
the commission. The executive director shall perform such duties
assigned by the commission. The executive director shall receive a
salary fixed pursuant to Chapter 124. of the Revised Code and
reimbursement for expenses within the amounts available by
appropriation. The executive director may appoint officers,
employees, agents, and consultants as the executive director
considers necessary, prescribe their duties, and provide for
reimbursement of their expenses within the amounts available for
reimbursement by appropriation and with the approval of the
commission.

(C)
The commission may do all of the following:

(1)
Recommend studies, surveys, and reports to be made by the executive
director regarding the carrying out of the objectives and purposes of
sections 109.71 to 109.77 of the Revised Code;

(2)
Visit and inspect any peace officer training school that has been
approved by the executive director or for which application for
approval has been made;

(3)
Make recommendations, from time to time, to the executive director,
the attorney general, and the general assembly regarding the carrying
out of the purposes of sections 109.71 to 109.77 of the Revised Code;

(4)
Report to the attorney general from time to time, and to the governor
and the general assembly at least annually, concerning the activities
of the commission;

(5)
Establish fees for the services the commission offers under sections
109.71 to 109.79 of the Revised Code, including, but not limited to,
fees for training, certification, and testing;

(6)
Perform such other acts as are necessary or appropriate to carry out
the powers and duties of the commission as set forth in sections
109.71 to 109.77 of the Revised Code.

(D)
In establishing the requirements, under division (A)(12) of this
section, the commission may consider any portions of the curriculum
for instruction on the topic of animal husbandry practices, if any,
of the Ohio state university college of veterinary medicine. No
person or entity that fails to provide instruction on traditional
animal husbandry methods and training techniques, including customary
owner-performed practices, shall qualify to train a humane society
agent for appointment under section 1717.06 of the Revised Code.

(E)(1)
As used in this division, "license" has the same meaning as
in section 4796.01 of the Revised Code, except that it includes a
certificate of completion of a training program required under
sections 109.71 to 109.804 of the Revised Code. "License"
does not include a certificate of completion of a firearm basic
training program under division (B)(1) of section 109.78 of the
Revised Code or a certificate of completion of any firearm
requalification training program.

(2)
Notwithstanding any requirement for a license issued by the
commission, the commission shall issue a license in accordance with
Chapter 4796. of the Revised Code to an individual if either of the
following applies:

(a)
The individual holds a license in another state.

(b)
The individual has satisfactory work experience, a government
certification, or a private certification as described in that
chapter in the same profession, occupation, or occupational activity
as the profession, occupation, or occupational activity for which the
license is required in this state in a state that does not require
such a license.

Sec.
109.77.
(A)
As used in this section:

(1)
"Felony" has the same meaning as in section 109.511 of the
Revised Code.

(2)
"Companion animal" has the same meaning as in section
959.131 of the Revised Code.

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

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

(b)
A natural resources law enforcement staff officer, forest-fire
investigator, wildlife officer, or natural resources officer of the
department of natural resources;

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

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

(e)
A state university law enforcement officer;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3)
For purposes of division (B) of this section, a state, county,
municipal, or department of natural resources peace officer basic
training program, regardless of whether the program is to be
completed by peace officers appointed on a permanent or temporary,
probationary, or other nonpermanent basis, shall include training in
the handling of the offense of domestic violence, other types of
domestic violence-related offenses and incidents, protection orders
and consent agreements issued or approved under section 2919.26 or
3113.31 of the Revised Code, crisis intervention training, and
training on companion animal encounters and companion animal
behavior. The requirement to complete training in the handling of the
offense of domestic violence, other types of domestic
violence-related offenses and incidents, and protection orders and
consent agreements issued or approved under section 2919.26 or
3113.31 of the Revised Code does not apply to any person serving as a
peace officer on March 27, 1979, and the requirement to complete
training in crisis intervention does not apply to any person serving
as a peace officer on April 4, 1985. Any person who is serving as a
peace officer on April 4, 1985, who terminates that employment after
that date, and who subsequently is hired as a peace officer by the
same or another law enforcement agency shall complete training in
crisis intervention as prescribed by rules adopted by the attorney
general pursuant to section 109.742 of the Revised Code. No peace
officer shall have employment as a peace officer terminated and then
be reinstated with intent to circumvent this section.

(4)
Division (B) of this section does not apply to any person serving on
a permanent basis on March 28, 1985, as a park officer, forest
officer, preserve officer, wildlife officer, or state watercraft
officer of the department of natural resources or as an employee of a
park district under section 511.232 or 1545.13 of the Revised Code,
to any person serving on a permanent basis on March 6, 1986, as an
employee of a conservancy district designated pursuant to section
6101.75 of the Revised Code, to any person serving on a permanent
basis on January 10, 1991, as a preserve officer of the department of
natural resources, to any person employed on a permanent basis on
July 2, 1992, as a special police officer by the department of mental
health and addiction services pursuant to section 5119.08 of the
Revised Code or by the department of developmental disabilities
pursuant to section 5123.13 of the Revised Code, to any person
serving on a permanent basis on May 17, 2000, as a special police
officer employed by a port authority under section 4582.04 or 4582.28
of the Revised Code, to any person serving on a permanent basis on
March 19, 2003, as a special police officer employed by a municipal
corporation at a municipal airport or other municipal air navigation
facility described in division (A)(19) of section 109.71 of the
Revised Code, to any person serving on a permanent basis on June 19,
1978, as a state university law enforcement officer pursuant to
section 3345.04 of the Revised Code and who, immediately prior to
June 19, 1978, was serving as a special police officer designated
under authority of that section, or to any person serving on a
permanent basis on September 20, 1984, as a liquor control
investigator, known after June 30, 1999, as an enforcement agent of
the department of public safety, engaged in the enforcement of
Chapters 4301. and 4303. of the Revised Code.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(L)
The executive director of the commission shall issue a certificate of
completion of a training program required under this section in
accordance with Chapter 4796. of the Revised Code to an individual if
either of the following applies:

(1)
The individual holds a certificate of completion of such a program in
another state.

(2)
The individual has satisfactory work experience, a government
certification, or a private certification as described in that
chapter in the same profession, occupation, or occupational activity
as the profession, occupation, or occupational activity for which the
certificate is required in this state in a state that does not
require completion of such a training program.

(M)(1)
Except as provided in division (M)(2) of this section, no certificate
awarded by the executive director of the Ohio peace officer training
commission attesting to a person's satisfactory completion of an
approved state, county, municipal, or department of natural resources
peace officer basic training program shall be deemed insufficient for
an appointment to a position listed in division (B)(1) of this
section because of a lapse in the person's service as a peace
officer.

(2)
The Ohio peace officer training commission shall require a
re-appointed peace officer to complete refresher training of the
following duration prior to performing the functions of a peace
officer, if the peace officer, having previously been awarded a
certificate by the executive director of the commission attesting to
the person's satisfactory completion of an approved state, county,
municipal, or department of natural resources peace officer basic
training program or pursuant to Chapter 4796. of the Revised Code,
for at least one year prior to an appointment, was not employed as a
peace officer:

(a)
If the period of lapse was at least one year, but less than four
years, up to forty hours;

(b)
If the period of lapse was four years or longer, eighty hours.

Sec.
109.803.
(A)(1)
Subject to divisions (A)(2) and (B) of this section, every appointing
authority shall require each of its appointed peace officers and
troopers to complete twenty-four hours of continuing professional
training each calendar year. Twenty-four hours is intended to be a
minimum requirement, and appointing authorities are encouraged to
exceed the twenty-four hour minimum. A minimum of twenty-four hours
of continuing professional training shall be reimbursed each calendar
year and a maximum of forty hours of continuing professional training
may be reimbursed each calendar year.
No
reimbursement shall be available under this section for continuing
professional training provided for a peace officer or trooper
appointed by a state agency.

(2)
An appointing authority may submit a written request to the peace
officer training commission that requests for a calendar year because
of emergency circumstances an extension of the time within which one
or more of its appointed peace officers or troopers must complete the
required minimum number of hours of continuing professional training
set by the commission, as described in division (A)(1) of this
section. A request made under this division shall set forth the name
of each of the appointing authority's peace officers or troopers for
whom an extension is requested, identify the emergency circumstances
related to that peace officer or trooper, include documentation of
those emergency circumstances, and set forth the date on which the
request is submitted to the commission. A request shall be made under
this division not later than the fifteenth day of December in the
calendar year for which the extension is requested.

Upon
receipt of a written request made under this division, the executive
director of the commission shall review the request and the submitted
documentation. If the executive director of the commission is
satisfied that emergency circumstances exist for any peace officer or
trooper for whom a request was made under this division, the
executive director may approve the request for that peace officer or
trooper and grant an extension of the time within which that peace
officer or trooper must complete the required minimum number of hours
of continuing professional training set by the commission. An
extension granted under this division may be for any period of time
the executive director believes to be appropriate, and the executive
director shall specify in the notice granting the extension the date
on which the extension ends. Not later than thirty days after the
date on which a request is submitted to the commission, for each
peace officer and trooper for whom an extension is requested, the
executive director either shall approve the request and grant an
extension or deny the request and deny an extension and shall send to
the appointing authority that submitted the request written notice of
the executive director's decision.

If
the executive director grants an extension of the time within which a
particular appointed peace officer or trooper of an appointing
authority must complete the required minimum number of hours of
continuing professional training set by the commission, the
appointing authority shall require that peace officer or trooper to
complete the required minimum number of hours of training not later
than the date on which the extension ends.

(B)
With the advice of the Ohio peace officer training commission, the
attorney general shall adopt in accordance with Chapter 119. of the
Revised Code rules setting forth minimum standards for continuing
professional training for peace officers and troopers and governing
the administration of continuing professional training programs for
peace officers and troopers. The rules adopted by the attorney
general under division (B) of this section shall do all of the
following:

(1)
Allow peace officers and troopers to earn credit for up to four hours
of continuing professional training for time spent while on duty
providing drug use prevention education training that utilizes
evidence-based curricula to students in school districts, community
schools established under Chapter 3314., STEM schools established
under Chapter 3326., and college-preparatory boarding schools
established under Chapter 3328. of the Revised Code.

(2)
Allow a peace officer or trooper appointed by a law enforcement
agency to earn hours of continuing professional training for other
peace officers or troopers appointed by the law enforcement agency by
providing drug use prevention education training under division
(B)(1) of this section so that hours earned by the peace officer or
trooper providing the training in excess of four hours may be applied
to offset the number of continuing professional training hours
required of another peace officer or trooper appointed by that law
enforcement agency.

(3)
Prohibit the use of continuing professional training hours earned
under division (B)(1) or (2) of this section from being used to
offset any mandatory hands-on training requirement.

(4)
Require a peace officer to complete training on proper interactions
with civilians during traffic stops and other in-person encounters,
which training shall have an online offering and shall include all of
the following topics:

(a)
A person's rights during an interaction with a peace officer,
including all of the following:

(i)
When a peace officer may require a person to exit a vehicle;

(ii)
Constitutional protections from illegal search and seizure;

(iii)
The rights of a passenger in a vehicle who has been pulled over for a
traffic stop;

(iv)
The right for a citizen to record an encounter with a peace officer.

(b)
Proper actions for interacting with a civilian and methods for
diffusing a stressful encounter with a civilian;

(c)
Laws regarding questioning and detention by peace officers, including
any law requiring a person to present proof of identity to a peace
officer, and the consequences for a person's or officer's failure to
comply with those laws;

(d)
Any other requirements and procedures necessary for the proper
implementation of this section.

(C)
The attorney general shall transmit a certified copy of any rule
adopted under this section to the secretary of state.

(D)
As used in this section:

(1)
"Peace officer" has the same meaning as in section 109.71
of the Revised Code.

(2)
"Trooper" means an individual appointed as a state highway
patrol trooper under section 5503.01 of the Revised Code.

(3)
"Appointing authority" means any agency or entity that
appoints a peace officer or trooper.

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

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

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

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

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

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

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

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

and
expiration under section 106.033 of the Revised Code
.
This paragraph does not apply to a rule of a state college or
university, community college district, technical college district,
or state community college.

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

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

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

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

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

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

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

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

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

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

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

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

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

(D)
(D)(1)

At least sixty-five days before a board, commission, department,
division, or bureau of the government of the state files a rule under
division (B)(1) of this section, it shall file the full text of the
proposed rule in electronic form with the joint committee on agency
rule review, and the proposed rule is subject to legislative review
and invalidation under
section

sections

106.021
,
106.025, and 106.026

of the Revised Code. If a state board, commission, department,
division, or bureau makes a revision in a proposed rule after it is
filed with the joint committee, the state board, commission,
department, division, or bureau shall promptly file the full text of
the proposed rule in its revised form in electronic form with the
joint committee. A state board, commission, department, division, or
bureau shall also file the rule summary and fiscal analysis prepared
under section 106.024 of the Revised Code in electronic form along
with a proposed rule, and along with a proposed rule in revised form,
that is filed under this division. If a proposed rule has an adverse
impact on businesses, the state board, commission, department,
division, or bureau also shall file the business impact analysis, any
recommendations received from the common sense initiative office, and
the associated memorandum of response, if any, in electronic form
along with the proposed rule, or the proposed rule in revised form,
that is filed under this division.
If
the rule summary and fiscal analysis indicates the rule may have any
of the effects listed in division (A) of section 106.025 of the
Revised Code, the executive director of the joint committee shall
notify the members of the general assembly and include all
documentation submitted to the joint committee in the agency's
original rule filing with the notice.

(2)

A
proposed rule that is subject to legislative review under this
division may not be adopted and filed in final form under division
(B)(1) of this section unless
the

one
of the following applies:

(a)
The
proposed
rule has been filed with the joint committee on agency rule review
under this division and the time for the joint committee to review
the proposed rule has expired without recommendation of a concurrent
resolution to invalidate the proposed rule
.

(b)
The proposed rule is subject to section 106.026 of the Revised Code,
and a law authorizing its adoption enacted in accordance with Ohio
Constitution, Article II, Sections 15 and 16 is in effect
.

(3)

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

(4)

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

This
division
(5)
Division (D) of this section
does
not apply to any of the following:

(1)
(a)

A proposed rule of an emergency nature;

(2)
(b)

A rule proposed under section 1121.05, 1121.06, 1349.33, 1707.201,
1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.345, 4123.40,
4123.411, 4123.44, or 4123.442 of the Revised Code;

(3)
(c)

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

(4)
(d)

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

(5)
(e)

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

(a)
(i)

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

(b)
(ii)

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

(6)
(f)

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

(7)
(g)

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

If
a rule is exempt from legislative review under division

(D)(5)
(D)(5)(e)

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

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

Sec.
111.27.
There
is hereby established in the state treasury the board of elections

reimbursement
and education
fund.
The fund shall be used by the secretary of state to

provide
advancements, subject to recoupment, or to

reimburse boards of elections pursuant to sections 3513.301,
3513.312, 3515.071, and 3521.03 of the Revised Code, and to provide
training and educational programs for members and employees of boards
of elections. The fund shall receive transfers of cash pursuant to
controlling board action.

Sec.
111.29.
The
Ohio election integrity commission fund is created in the state
treasury. The secretary of state shall use the money in the fund for
the sole purpose of paying expenses related to the operation of the
Ohio election integrity commission established under section 3517.14
of the Revised Code.

Sec.
113.05.
(A)
As used in sections 113.05 to 113.40 of the Revised Code:

(1)
"Account," "appropriation," "disbursement,"
"electronic funds transfer," "fund," and
"warrant" have the same meanings as in section 131.01 of
the Revised Code.

(2)
"Assets" has the same meaning as in section 131.01 of the
Revised Code, but does not include items held in safekeeping by the
treasurer of state including, but not limited to, collateral pledged
to a state agency.

(3)
"Custodial funds" do not include items held in safekeeping
by the treasurer of state including, but not limited to, collateral
pledged to a state agency.

(B)
The state treasury consists of the moneys, claims, bonds, notes,
other obligations, stocks, and other securities, receipts or other
evidences of ownership, and other intangible assets of the state that
are required by law to be deposited in the state treasury or are
otherwise a part of the state treasury. All assets of the state
treasury shall be kept in the rooms assigned the treasurer of state,
with the vaults, safes, and other appliances therein; provided, that:

(1)
Securities required by law to be deposited or kept in the state
treasury may be deposited for safekeeping with the federal reserve
bank of Cleveland, Ohio or secured and insured depositories in or out
of this state as designated by the treasurer of state.

(2)
Public moneys may be kept in constituted state depositories.

(C)
The custodial funds of the treasurer of state consist of the moneys,
claims, bonds, notes, other obligations, stocks, and other
securities, receipts or other evidences of ownership, and other
intangible assets that are required by law to be kept in the custody
of the treasurer of state but are not part of the state treasury. All
assets of the custodial funds of the treasurer of state shall be kept
in either or both of the following:

(1)
The rooms assigned the treasurer of state, with the vaults, safes,
and other appliances therein;

(2)
The federal reserve bank of Cleveland, Ohio or secured and insured
depositories in or out of this state as designated by the treasurer
of state.

(D)
Assets of the state treasury shall not be commingled with assets of
the custodial funds of the treasurer of state.

The
repositing and deposit of payments pursuant to section 113.06 of the
Revised Code is in compliance with this section.

Sec.
113.13.
The
treasurer of state shall have available and, as requested, transmit
to the director of budget and management and to the governor
information concerning the amount in the
inactive
account, the amount in the
active
account
,

and the amount of cash on hand.

Sec.
113.40.
(A)
As used in this section:

(1)

"Administrative
agent of the board of deposit" means the treasurer of state.

(2)

"Financial transaction device" includes a credit card,
debit card,
charge

banking

card,
prepaid or stored value card,
or
automated clearinghouse network credit, debit, or e-check entry that
includes, but is not limited to, accounts receivable and
internet-initiated, point of purchase, and telephone-initiated
applications,

or any other device or method for making an electronic payment or
transfer of funds

denominated
in United States dollars
.

(2)
(3)

"Processor"
means an entity conducting the settlement of an electronic payment or
transfer of funds, which shall be denominated in United States
dollars.

(4)

"
State
expenses
Revenue
"
includes fees,
charges,
tolls,
costs,
taxes,
expenses,

assessments,
fines, penalties, payments,

judgments,
restitution ordered by a court,

or any other
expense

amount

a
person owes to a state office under the authority of a state elected
official or to a state entity.

(3)
(5)

"State elected official" means the governor, lieutenant
governor, attorney general, secretary of state, treasurer of state,
and auditor of state.

(4)
(6)

"State entity" includes any state department, agency,
board,
or

commission
,
or office under the authority of a state elected official

that deposits funds into the state treasury

or
into an account in the custody of the treasurer of state
.

(B)
Notwithstanding any other section of the Revised Code and subject to
division (D) of this section, the board of deposit
may

shall

adopt
a resolution authorizing the
acceptance
of payments by financial transaction device to pay for state
expenses
collection,
receipt, and acceptance by the state of revenue, gifts, donations, or
bequests made by a financial transaction device
.

The
resolution shall include all of the following:

(1)
A designation of those state elected officials and state entities
authorized to accept payments by financial transaction device;

(2)
A list of state expenses that may be paid by the use of a financial
transaction device;

(3)
Specific identification of financial transaction devices that a state
elected official or state entity may authorize as acceptable means of
payment for state expenses. Division (B)(3) of this section does not
require that the same financial transaction devices be accepted for
the payment of different types of state expenses.

(4)
The amount, if any, authorized as a surcharge or convenience fee
under division (E) of this section for persons using a financial
transaction device. Division (B)(4) of this section does not require
that the same surcharges or convenience fees be applied to the
payment of different types of state expenses.

(5)
A specific requirement, as provided in division (G) of this section,
for the payment of a penalty if a payment made by means of a
financial transaction device is returned or dishonored for any
reason.

The
board of deposit's resolution also shall
designate
the treasurer of state as the
direct
the
administrative
agent
of
the board of deposit
to
solicit proposals, within guidelines established by the board of
deposit in the resolution and in compliance with the procedures
provided in division (C) of this section
,
from financial institutions, issuers of financial transaction
devices, and processors of financial transaction devices; to make
recommendations about those proposals to the state elected officials
;
and to assist state
offices

entities
and state elected officials
in
implementing
the
state's
any

financial
transaction device
collection,

acceptance

and

,

processing
,
receipt, and settlement

program

authorized
pursuant to this section
.

The
board of deposit's resolution applies to financial transaction device
services related to any and all bank accounts comprising the state
treasury as well as those in the custody of the treasurer of state
but not part of the state treasury.

(C)
The administrative agent shall follow the procedures provided in this
division whenever it plans to contract with
financial
institutions, issuers of financial transaction devices,
one

or
more

processors

of
financial transaction devices
for
the purposes of this section. The administrative agent shall request
proposals
from
at least three financial institutions, issuers of financial
transaction devices, or processors of financial transaction
devices
for
acceptance, processing, and settlement services
,
as appropriate in accordance with the resolution adopted under
division (B) of this section. Prior to
sending
any financial institution, issuer, or processor a copy of any such
request
making
the request for proposals available
,
the administrative agent shall advertise its intent to request
proposals for two consecutive weeks by electronic publication on
a
state agency
the
administrative agent's
web
site made available to the general public. The notice shall state
that the administrative agent intends to request proposals; specify
the purpose of the request; indicate the date, which shall be at
least
ten

fifteen
calendar
days
after the
initial

publication,
on which the request for proposals will be
electronically
mailed to financial institutions, issuers, or processors; and require
that any financial institution, issuer, or processor, whichever is
appropriate, interested in receiving the request for proposals submit
written notice of this interest to the administrative agent not later
than the day on which the
available
and shall detail the service or services subject to the
request
for proposals
will
be electronically mailed
.

Upon
receiving the proposals, the administrative agent shall review them
and make a recommendation to the board of deposit regarding which

proposal
or
proposals
to accept. The board of deposit shall consider the agent's
recommendation and
review
all proposals submitted, and
then
may choose to
authorize
the administrative agent, on the board's behalf, to
contract
with
any
or all of the entities
one
or more of the processors
submitting
proposals, as appropriate. The
board
of deposit shall provide any financial institution, issuer, or
processor
administrative
agent may enter into one or more contracts for the provision of
payment, collection, acceptance, processing, receipt, and settlement
services to the state entities and state elected officials. Through
its administrative agent, the board of deposit shall provide any
processor
that
submitted a proposal, but with which the board

of
deposit's administrative agent

does not enter into a contract, notice that its proposal is rejected.

(D)

The
board of deposit shall send a copy of the resolution adopted under
division (B) of this section to each state elected official and state
entity authorized to accept payments for state expenses by financial
transaction device. After receiving the resolution and before
accepting such payments by financial transaction device, such a state
elected official or state entity shall provide written notification
to the administrative agent of the official's or entity's intent to
implement the resolution within the official's or entity's office.

Each state
office

elected
official
or

state

entity
subject to
the
board's resolution adopted under division (B) of
this
section shall use only the
financial
institutions, issuers of financial transaction devices, and

processors
of financial transaction devices with which the board of
deposit

deposit's
administrative agent
contracts,
and each such
office

state
elected official
or

state

entity is subject to the terms of those contracts.

If
a state entity under the authority of a state elected official is
directly responsible for collecting one or more state expenses and
the state elected official determines not to accept payments by
financial transaction device for one or more of those expenses, the
office is not required to accept payments by financial transaction
device for those expenses, notwithstanding the adoption of a
resolution by the board of deposit under division (B) of this
section.

(E)
The
board
of deposit
state
elected official or state entity
may
establish a surcharge or convenience fee that may be imposed upon a
person making payment by a financial transaction device.
The
surcharge or convenience fee shall not be imposed unless authorized
or otherwise permitted by the rules prescribed under a contract,
between the financial institution, issuer, or processor and the
administrative agent, governing the use and acceptance of the
financial transaction device.

The
establishment of a
Any

surcharge
or convenience fee shall follow the guidelines of the
financial
institution, issuer of financial transaction devices, or
processor

or
processors

of financial transaction devices with which the board of
deposit

of
deposit's administrative agent
contracts.

If
a surcharge or convenience fee is imposed, every state
elected
official and state
entity
accepting payment by a financial transaction device
,
regardless of whether that entity is subject to a resolution adopted
by the board of deposit, shall clearly post a notice in the entity's
office, and

shall notify each person making a payment by such a device
,

about the surcharge or fee. Notice to each person making a payment
shall be provided regardless of the medium used to make the payment
and in a manner appropriate to that medium. Each notice shall include

all

both

of
the following:

(1)
A statement that there is a surcharge or convenience fee for using a
financial transaction device;

(2)
The total amount of the charge or fee expressed in dollars and cents
for each transaction, or the rate of the charge or fee expressed as a
percentage of the total amount of the transaction, whichever is
applicable
;

(3)
A clear statement that the surcharge or convenience fee is
nonrefundable
.

(F)
If a person
elects
to make a payment by a financial transaction device and a surcharge
or convenience fee is imposed, the payment of the surcharge or
convenience fee is not refundable.

(G)
If a person makes payment
remits
revenue to the state
by
a financial transaction device and the payment
of
the revenue
is

returned
or dishonored
reversed

for
any reason,
or
if the value of the remitted payment in United States dollars at the
time of receipt by the state elected official or state entity is less
than the amount owed,
the
person is liable to the state

elected
official or state entity

for the
state
expense
total
amount of the state revenue
and
any reimbursable costs for collection, including banking charges,
legal fees, or other expenses incurred by the state
elected
official or state entity
in
collecting the
returned
or dishonored
reversed

payment.
The remedies and procedures provided in this section are in addition
to any other available civil or criminal remedies provided by law.

(H)
(G)

No person
making
any payment
remitting
any revenue
by
a financial transaction device to a state
office

elected
official or state entity
shall
be relieved from liability for the underlying obligation, except to
the extent that the state
elected
official or state entity
realizes

final
payment of the underlying obligation
the
revenue to the state elected official or state entity
in
cash or its equivalent. If
final
payment
revenue

is
not
made

remitted

by
the financial transaction device issuer
,
or by other means of payment,

or

by

other guarantor of payment in the transaction, the underlying
obligation survives and the state
elected
official or state entity
shall
retain all remedies for enforcement that would have applied if the
transaction had not occurred.

(I)

(H)

A
state
entity

elected
official
or
employee
of
a state entity or state elected official
who
accepts a financial transaction device payment in accordance with
this section and any applicable state or local
statutes,
laws,
policies
,

or rules is immune from personal liability for the final collection
of such payments as specified in section 9.87 of the Revised Code.

(J)
(I)

If the board of deposit determines that it is necessary and in the
state's best interest to contract with an additional
entity

processor

subsequent
to the contract award made under division (C) of this section, the
board may meet and choose to contract with one or more additional

entities

processors

for
the remainder of the period previously established by a contract
award made under division (C) of this section.

(K)
(J)

The administrative agent, in cooperation with the office of budget
and management, may adopt, amend, and rescind rules in accordance
with section 111.15 of the Revised Code to implement and administer
this section.

(K)
The treasurer of state shall have the authority to enter into such
contracts necessary to fulfill its obligations as administrative
agent for the board of deposit.

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

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

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

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

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

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

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

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

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

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

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

(11)
Adopt rules in accordance with Chapter 119. of the Revised Code
necessary to implement and administer the program;

(12)
Notify the secretary when a program account has been opened for a
designated beneficiary and submit other reports concerning the
program as required by the secretary or under section 529A of the
Internal Revenue Code.

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

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

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

Sec.
113.53.
(A)
A designated beneficiary, or a trustee or guardian of a designated
beneficiary who lacks capacity to enter into an agreement, may apply,
on forms prescribed by the treasurer of state, to open a program
account. A beneficiary may have only one ABLE account. The treasurer
of state may impose a nonrefundable application fee. The application
shall require the applicant to provide the following information:

(1)
The name, address, social security number, and birth date of the
designated beneficiary;

(2)
The name, address, and social security number of the designated
beneficiary's trustee or guardian, if applicable;

(3)
Certification by the applicant that the applicant understands the
maximum account value and the consequences under division (C) of this
section for excess contributions and understands how program account
values exceeding the amount designated under section 103 of the
"Stephen Beck, Jr., ABLE Act of 2014," 26 U.S.C. 529A note,
may affect the applicant's resources for determining the applicant's
eligibility for the supplemental security income program;

(4)
Any additional information required by the treasurer of state.

(B)(1)
To qualify for a program account, a designated beneficiary must be an
eligible individual at the time the program account is opened. Before
opening a program account, the treasurer of state or program manager
shall enter into an agreement with the account owner that discloses
the requirements and restrictions on contributions and withdrawals
from the program account.

(2)
Any person may make contributions to a program account after the
account is opened, subject to the limitations imposed by section 529A
of the Internal Revenue Code and any rules adopted by the secretary.

(C)
Contributions to a program account shall be made in cash. The
treasurer of state or program manager shall reject or promptly
withdraw a contribution to a program account if that contribution
would exceed the annual limits prescribed in subsection (b)(2)(B) of
section 529A of the Internal Revenue Code. The treasurer or program
manager shall reject or promptly withdraw a contribution if the value
of the program account equals or exceeds the maximum account value or
the designated beneficiary is not an eligible individual in the
current calendar year.

(D)(1)
To the extent authorized by federal law, and in accordance with rules
adopted by the treasurer of state, an account owner may change the
designated beneficiary of a program account to another individual.

(2)
No account owner may use an interest in an ABLE account as security
for a loan. Any pledge of an interest in an account shall be void and
of no force and effect.

(E)(1)
A distribution from a program account to any individual or for the
benefit of any individual during a calendar year shall be reported to
the internal revenue service and the designated beneficiary or the
distributee to the extent required under state or federal law.

(2)
Statements shall be provided to each account owner of a program
account at least four times each year within thirty days after the
end of the quarterly period to which a statement relates. The
statement shall identify the contributions made during the preceding
quarter, the total contributions made to the account through the last
day of that quarter, the value of the account on the last day of that
quarter, distributions made during that quarter, and any other
information that the treasurer of state requires to be reported to
the account owner.

(3)
Statements and information relating to program accounts shall be
prepared and filed to the extent required under sections 113.50 to
113.56 of the Revised Code and any other state or federal law.

(F)
The program shall provide separate accounting for each designated
beneficiary. An annual fee may be imposed upon the account owner for
the maintenance of a program account.

(G)

(G)(1)

Money
in an ABLE account shall be exempt from attachment, execution, or
garnishment as provided in section 2329.66 of the Revised Code
,
and is
.

(2)
Unless required by federal law, money in an ABLE account is not

subject
to claims made under the medicaid estate recovery program instituted
pursuant to section 5162.21 of the Revised Code
,
in accordance with subsection (f) of section 529A of the Internal
Revenue Code and subject to any limitations imposed by the secretary
.

(H)(1)
Notwithstanding any other provision of state law, all of the
following shall be disregarded for the purposes of determining an
individual's eligibility for a means-tested public assistance program
funded only with state, local, or state and local funds and the
amount of assistance or benefits the individual is eligible to
receive under the program:

(a)
Any amount in an ABLE account, including earnings on the account;

(b)
Any contributions to an ABLE account;

(c)
Any distribution from an ABLE account for qualified disability
expenses.

(2)
Division (H)(1) of this section applies only to an individual who is
either of the following:

(a)
The designated beneficiary of the ABLE account;

(b)
An individual whose eligibility for the means-tested program is
conditioned on the ABLE account's designated beneficiary disclosing
the designated beneficiary's income, resources, or both to the entity
administering the means-tested public assistance program.

Sec.
113.78.
The
medical quality assurance fund is created, which shall be in the
custody of the treasurer of state but shall not be part of the state
treasury. The fund shall consist of all money transferred to it as a
result of the repeal of section 3701.89 of the Revised Code on
January 1, 2026, by H.B. 238 of the 135th
General
Assembly
general
assembly
and
its requirements related to the repeal of that section. All

investment
earnings of the fund shall be credited to the fund.

All

money
in the fund shall be used as directed by the general assembly
,
which may include funding any of the following programs that the
former Ohio medical quality foundation was authorized to fund in a
similar manner under division (F) of section 3701.89 of the Revised
Code before the repeal of that section by this act:

(A)

Programs
approved under criteria established under section 4731.251 of the
Revised Code;

(B)
Programs designed to improve the quality of graduate medical
education;

(C)
Programs designed to improve risk management and quality assurance in
hospitals, as defined in section 3722.01 of the Revised Code, and in
outpatient settings, including physician offices;

(D)
Other programs, meetings, and educational seminars that are designed
to improve the quality of medical care in this state
.

Sec.
117.11.
(A)
Except as otherwise provided in this division and in
sections

section

117.112

and
117.113
of
the Revised Code, the auditor of state shall audit each public office
at least once every two fiscal years. The auditor of state shall
audit a public office each fiscal year if that public office is
required to be audited on an annual basis pursuant to "The
Single Audit Act of 1984," 98 Stat. 2327, 31 U.S.C.A. 7501 et
seq., as amended. In the annual or biennial audit, inquiry shall be
made into the methods, accuracy, and legality of the accounts,
financial reports, records, files, and reports of the office, whether
the laws, rules, ordinances, and orders pertaining to the office have
been observed, and whether the requirements and rules of the auditor
of state have been complied with. Except as otherwise provided in
this division or where auditing standards or procedures dictate
otherwise, each audit shall cover at least one fiscal year. If a
public office is audited only once every two fiscal years, the audit
shall cover both fiscal years.

(B)
In addition to the annual or biennial audit provided for in division
(A) of this section, the auditor of state may conduct an audit of a
public office at any time when so requested by the public office or
upon the auditor of state's own initiative if the auditor of state
has reasonable cause to believe that an additional audit is in the
public interest.

(C)(1)
The auditor of state shall identify any public office in which the
auditor of state will be unable to conduct an audit at least once
every two fiscal years as required by division (A) of this section
and shall provide immediate written notice to the clerk of the
legislative authority or governing board of the public office so
identified. Within six months of the receipt of such notice, the
legislative authority or governing board may engage an independent
certified public accountant to conduct an audit pursuant to section
117.12 of the Revised Code.

(2)
When the chief fiscal officer of a public office notifies the auditor
of state that an audit is required at a time prior to the next
regularly scheduled audit by the auditor of state, the auditor of
state shall either cause an earlier audit to be made by the auditor
of state or authorize the legislative authority or governing board of
the public office to engage an independent certified public
accountant to conduct the required audit. The scope of the audit
shall be as authorized by the auditor of state.

(3)
The auditor of state shall approve the scope of an audit under
division (C)(1) or (2) of this section as set forth in the contract
for the proposed audit before the contract is executed on behalf of
the public office that is to be audited. The independent accountant
conducting an audit under division (C)(1) or (2) of this section
shall be paid by the public office.

(4)
The contract for attest services with an independent accountant
employed pursuant to this section or section 117.115 of the Revised
Code may include binding arbitration provisions, provisions of
Chapter 2711. of the Revised Code, or any other alternative dispute
resolution procedures to be followed in the event a dispute remains
between the state or public office and the independent accountant
concerning the terms of or services under the contract, or a breach
of the contract, after the administrative provisions of the contract
have been exhausted.

(D)
If a uniform accounting network is established under section 117.101
of the Revised Code, the auditor of state or a certified public
accountant employed pursuant to this section or section 117.112 or
117.115 of the Revised Code shall, to the extent practicable, utilize
services offered by the network in order to conduct efficient and
economical audits of public offices.

(E)
The auditor of state, in accordance with division (A)(3) of section
9.65 of the Revised Code and this section, may audit an annuity
program for volunteer fire fighters established by a political
subdivision under section 9.65 of the Revised Code. As used in this
section, "volunteer fire fighters" and "political
subdivision" have the same meanings as in division (C) of
section 9.65 of the Revised Code.

(F)
The auditor of state may establish by rule an agreed-upon procedure
by which political subdivisions may be audited. The rules shall set
forth the standards, procedures, guidelines, and reporting
requirements for an agreed-upon procedure audit.

Sec.
117.38.
(A)
Each public office, other than a state agency, shall file a financial
report for each fiscal year. The auditor of state may prescribe forms
by rule or may issue guidelines, or both, for such reports. If the
auditor of state has not prescribed a rule regarding the form for the
report, the public office shall submit its report on the form
utilized by the public office.

(B)
The report shall be certified by the proper officer or board and
filed with the auditor of state within sixty days after the close of
the fiscal year, except that public offices reporting pursuant to
generally accepted accounting principles shall file their reports
within one hundred fifty days after the close of the fiscal year. The
auditor of state may extend the deadline for filing a financial
report and establish terms and conditions for any such extension. At
the time the report is filed with the auditor of state, the chief
fiscal officer, except as otherwise provided in section 319.11 of the
Revised Code, shall publish notice in a newspaper published in the
political subdivision or taxing district, and if there is no such
newspaper, then in a newspaper of general circulation in the
political subdivision or taxing district. The notice shall state that
the financial report has been completed by the public office and is
available for public inspection at the office of the chief fiscal
officer.

(C)
The report shall contain the following:

(1)
Amount of collections and receipts, and accounts due from each
source;

(2)
Amount of expenditures for each purpose;

(3)
Income of each public service industry owned or operated by a
municipal corporation, and the cost of such ownership or operation;

(4)
Amount of public debt of each taxing district, the purpose for which
each item of such debt was created, and the provision made for the
payment thereof
;

(5)
Budgetary comparison information as required by the applicable
reporting framework or as prescribed by the auditor of state
.

(D)
Any public office, other than a state agency, that does not file its
financial report at the time required by this section shall pay to
the auditor of state twenty-five dollars for each day the report
remains unfiled after the filing date; provided, that the penalty
payments shall not exceed the sum of seven hundred fifty dollars. The
auditor of state may waive all or any part of the penalty assessed
under this section upon the filing of the past due financial report.
All sums collected from such penalties shall be placed in the public
audit expense fund--local government. If the auditor of state fails
to receive payment for penalties not paid within one year from the
required filing date, the auditor may recover the penalties through
the process in division (D) of section 117.13 of the Revised Code.

(E)
Every county agency, board, or commission shall provide to the county
auditor, not later than the first day of March each year unless a
later date is authorized by the county auditor, all information
determined by the county auditor to be necessary for the preparation
of the report required by this section.

(F)
The auditor of state shall publish the substance of the report
submitted under this section in an electronic format that is
available to the public.

Sec.
117.44.
To
enhance local officials' background and working knowledge of
government accounting, budgeting and financing, financial report
preparation, and the rules adopted by the auditor of state, the
auditor of state shall hold training programs for persons elected for
the first time as township fiscal officers, city auditors, and
village clerks, between the first day of December and the first day
of April immediately following a general election for any of these
offices. Similar training may also be provided to any township fiscal
officer, city auditor, or village clerk who is appointed to fill a
vacancy or who is elected in a special election.

The
auditor of state also shall develop and provide an annual training
program of continuing education for village clerks.

The
auditor of state shall determine the manner, content, and length of
the training programs after consultation with appropriate statewide
organizations of local governmental officials. The auditor of state
shall charge the political subdivisions that the trainees represent a
registration fee that will meet actual and necessary expenses of the
training, including instructor fees, site acquisition costs, and the
cost of course materials. The necessary personal expenses incurred by
the officials as a result of attending the training program shall be
borne by the political subdivisions they represent.

The
auditor of state shall allow any other interested person to attend
any of the training programs that the auditor of state holds pursuant
to this section; provided, that before attending any such training
program, the interested person shall pay to the auditor of state the
full registration fee that the auditor of state has set for the
training program.

The
auditor of state may provide any other appropriate training or
educational programs that may be developed and offered by the auditor
of state or in collaboration with one or more other state agencies,
political subdivisions, or other public or private entities.

There
is hereby established in the state treasury the auditor of state
training program fund, to be used by the auditor of state for the
actual and necessary expenses of any training programs held pursuant
to this section
,
section 117.441,

or section 321.46 of the Revised Code. All registration fees
collected under this section shall be paid into the fund.

Sec.
117.56.
(A)

During
the course of an audit, including a performance audit, of
the
department of transportation
any
state agency or institution of higher education as defined in section
3345.011 of the Revised Code
,
the auditor of state,
an
employee of the auditor of state,
and
any independent accountants or consultants
contracted
by the auditor of state as
necessary
to carry out the statutory responsibilities of the auditor of state,
may
request

access

to

any
system the
department

agency
or institution
uses
or maintains.
The
director of transportation and employees of the department
If
the auditor of state requests access, the agency or institution shall
provide access subject to the following:

(1)
The access is read only and is downloadable for analysis;

(2)
The access is requested after the notice of engagement letter is sent
to the agency or institution;

(3)
Any employee of the auditor of state, or independent accountant or
consultant contracted by the auditor of state, who will have access
as set forth above, is a national of the United States or lawful
permanent resident of the United States;

(4)
The data accessed is kept on servers located in the United States.

(5)
Employees of the agency or institution
shall
assist the auditor of state
,
employees of the auditor of state, and independent accountants or
consultants contracted by the auditor of state

with accessing the
department's

systems

including
but not limited to providing a comprehensive list of all the data
available and data definitions necessary to understand the systems
and data provided to the auditor of state
.

(B)

The
auditor of state,
employees
of the auditor of state,
and
independent accountants and consultants
retained

contracted

by
the auditor of state, shall comply with all state and federal
privacy
and confidentiality
laws
,
rules, and regulations

that apply to the content of the systems the auditor of state
accesses.

(C)
Any system breach, unauthorized access, or unauthorized release of
information that results from access under this section shall be
reported immediately to the state highway patrol and any other
relevant law enforcement agency for criminal investigation.

Sec.
118.29.
(A)
The financial supervisor, or the legislative authority of a municipal
corporation, board of county commissioners, or board of township
trustees of a municipal corporation, county, or township in fiscal
emergency, may make a referral to the attorney general for the
creation of a receivership over the municipal corporation, county, or
township in fiscal emergency if both the following conditions are
met:

(1)
The municipal corporation, county, or township satisfies either of
the following:

(a)
It has been in a state of fiscal emergency for a continuous period of
ten years.

(b)
It has been in a state of fiscal emergency at least twice in a period
of ten years, and the combined period of fiscal emergency is at least
five years.

(2)
The municipal corporation, county, or township has demonstrated one
or more of the following, as determined by the financial supervisor:

(a)
Failure to comply with the applicable budgetary and spending
processes in Chapter 5705. of the Revised Code;

(b)
Failure to ensure that appropriations comply with the financial plan
in accordance with section 118.13 of the Revised Code;

(c)
Assuming debt without the approval of the financial planning and
supervision commission in violation of section 118.15 of the Revised
Code;

(d)
Undertaking administrative or legislative action that is not in
accordance with the terms of the financial plan or, when applicable,
without permission of the commission.

(B)
Upon receipt of a referral, the attorney general shall promptly file
a petition for a receivership with the court of claims. The judge
that has served the longest on the court as of the date the petition
is filed promptly shall appoint a receiver. The appointed receiver
shall satisfy the requirements of section 2735.02 of the Revised Code
and shall comply with section 2735.03 of the Revised Code. With the
approval of the court, the receiver may request reasonable fees for
work performed including, but not limited to, costs associated with
retaining legal counsel, accountants, or other similar advisors that
the receiver considers necessary in the performance of the receiver's
duties. The fees shall be paid from funds appropriated to the office
of budget and management during the period of fiscal emergency.

(C)
A receiver appointed under this section has all of the following
powers and duties in addition to the powers stated in section 2735.04
of the Revised Code:

(1)
Consult with the legislative authority of the municipal corporation,
board of county commissioners, or board of township trustees to make
recommendations or, if necessary, to assume responsibility for
implementing cost reductions and revenue increases to achieve a
balanced budget and carry out the financial plan, and to make
reductions in force or spending to resolve the fiscal emergency
conditions;

(2)
Ensure the municipal corporation, county, or township in fiscal
emergency complies with all aspects of the financial plan approved by
the commission in accordance with section 118.06 of the Revised Code,
or as amended in accordance with this chapter. If no financial plan
has been approved by the commission in accordance with section 118.06
of the Revised Code, the receiver, after consulting with the
legislative authority of the municipal corporation, board of county
commissioners, or board of township trustees, shall make
recommendations, or assume, if necessary, the responsibility for
crafting and submitting the financial plan to the financial planning
and supervision commission.

(3)
Ensure the municipal corporation, county, or township in fiscal
emergency complies with any other relevant aspects of this chapter;

(4)
Provide monthly, written reports about the progress toward resolving
the conditions of fiscal emergency to the financial planning and
supervision commission, to the legislative authority of the municipal
corporation, board of county commissioners, or board of township
trustees, and to the mayor or city manager in the case of a municipal
corporation;

(5)
Appear at least quarterly to present information about progress
toward resolving the conditions of fiscal emergency at an open
meeting and, if allowable under section 121.22 of the Revised Code,
in executive session, of the legislative authority of municipal
corporation, board of county commissioners, or board of township
trustees;

(6)
Appear at least quarterly to present information about progress
toward resolving the conditions of fiscal emergency at an open
meeting and, if allowable under section 121.22 of the Revised Code,
in executive session, of the financial planning and supervision
commission of the municipal corporation, county, or township in
fiscal emergency;

(7)
At the receiver's initiative or upon invitation, attend executive
sessions of the legislative authority of the municipal corporation,
board of county commissioners, or board of township trustees;

(8)
Exercise any other powers granted to the receiver by the court
necessary to perform the duties stated in this section.

(D)(1)
If, in the judgment of the receiver, the criteria required to file
for bankruptcy under the "Federal Bankruptcy Act," 11
U.S.C. 101, et seq., are satisfied and no reasonable alternative
exists to eliminate the fiscal emergency condition within three
years, the receiver may present findings and submit a written
recommendation on filing for bankruptcy to the financial planning and
supervision commission and the legislative authority of the municipal
corporation, board of county commissioners, or board of township
trustees. Beginning sixty days after submitting the recommendation,
the receiver may initiate bankruptcy proceedings unless both of the
following occur:

(a)
The legislative authority or board adopts an ordinance or resolution,
effective within sixty days of receipt of the recommendation,
opposing the recommendation. The ordinance or resolution shall
specify the legislative authority's or board's plan to satisfy and
discharge the debts and liabilities included in the receiver's
recommendation for bankruptcy within seven years of the adoption of
the ordinance or resolution and promptly alleviate the fiscal
emergency conditions using expenditure reductions or available and
future tax revenue, including necessary tax rate increases, of the
municipal corporation, county, or township.

(b)
After reviewing the ordinance or resolution under division (D)(1)(a)
of this section, the financial planning and supervision commission
determines the plan is sufficient to satisfy and discharge the debts
and liabilities included in the receiver's recommendation for
bankruptcy within seven years of the adoption of the resolution and
promptly alleviate the fiscal emergency conditions.

If
the financial planning and supervision commission determines that the
plan is not sufficient, the receiver may initiate bankruptcy
proceedings notwithstanding the ordinance or resolution opposing the
recommendation.

(2)
If the financial planning and supervision commission determines under
division (D)(1) of this section that the plan is sufficient and the
plan requires voted taxes authorized under another Revised Code
section, the legislative authority of the municipal corporation,
board of county commissioners, or board of trustees shall direct the
board of elections to submit the tax question to the electors at the
next general election or at a special election conducted on the day
of the next primary election in the municipal corporation, township,
or county occurring not less than ninety days after the resolution is
certified to the board, as applicable under the provision authorizing
the tax question. If the taxes are not approved by the electors, the
receiver may initiate bankruptcy proceedings, notwithstanding the
resolution or ordinance opposing bankruptcy. If the taxes are
approved by the electors, the legislative authority of the municipal
corporation, board of county commissioners, or board of trustees
shall implement the plan to satisfy and discharge the debts and
liabilities included in the receiver's recommendation for bankruptcy
within seven years of the adoption of the ordinance or resolution and
promptly alleviate the fiscal emergency conditions.

(E)
The court shall terminate the receivership when the municipal
corporation, county, or township has corrected and eliminated all of
the fiscal emergency conditions determined pursuant to section 118.04
of the Revised Code, and no new fiscal emergency conditions have
occurred.

(F)
Conditions in division (A) of this section may be applied
retroactively in a remedial nature.

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

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

The
public notice shall include:

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

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

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

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

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

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

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

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

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

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

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

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

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

(C)
(C)(1)

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

106.022
,
106.025, and 106.026

of the Revised Code. If the agency makes a revision in a proposed
rule, amendment, or rescission after it is filed with the joint
committee, the agency promptly shall file the full text of the
proposed rule, amendment, or rescission in its revised form in
electronic form with the joint committee.

An
agency shall file the rule summary and fiscal analysis prepared under
section 106.024 of the Revised Code in electronic form along with a
proposed rule, amendment, or rescission, and along with a proposed
rule, amendment, or rescission in revised form, that is filed under
this division.
If
the rule summary and fiscal analysis indicates the rule may have any
of the effects listed in division (A) of section 106.025 of the
Revised Code, the executive director of the joint committee shall
notify the members of the general assembly and include all
documentation submitted to the joint committee in the agency's
original rule filing with the notice.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

A
proposed rule, amendment, or rescission that is subject to
legislative review under this division may not be adopted under
division (E) of this section or filed in final form under section
119.04 of the Revised Code unless
the

one
of the following applies:

(a)
The
proposed
rule, amendment, or rescission has been filed with the joint
committee on agency rule review under this division and the time for
legislative review of the proposed rule, amendment, or rescission has
expired without adoption of a concurrent resolution to invalidate the
proposed rule, amendment, or rescission
.

(b)
The proposed rule, amendment, or rescission is subject to section
106.026 of the Revised Code, and a law authorizing its adoption
enacted in accordance with Ohio Constitution, Article II, Sections 15
and 16 is in effect
.

This
division
(7)
Division (C) of this section
does
not apply to:

(1)
(a)

An emergency rule, amendment, or rescission;

(2)
(b)

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

(a)
(i)

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

(b)
(ii)

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

(3)
(c)

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

(8)

If
a rule or amendment is exempt from legislative review under division

(C)(2)
(C)(7)(b)

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

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

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

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

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

(E)
After
(E)(1)
Subject to division (E)(2) of this section, after
divisions
(A), (B), (C), and (D) of this section have been complied with, and
when the time for legislative review under sections 106.02, 106.022,

and

106.023
,
and 106.025

of the Revised Code has expired without adoption of a concurrent
resolution to invalidate the proposed rule, amendment, or rescission,
the agency may issue an order adopting the proposed rule or the
proposed amendment or rescission of the rule, consistent with the
synopsis or general statement included in the public notice. At that
time the agency shall designate the effective date of the rule,
amendment, or rescission, which shall not be earlier than the tenth
day after the rule, amendment, or rescission has been filed in its
final form as provided in section 119.04 of the Revised Code.

(2)
If a proposed rule, amendment, or rescission is subject to section
106.026 of the Revised Code, the agency may issue an order adopting
the proposed rule or the proposed amendment or rescission of the rule
on or after the effective date of the law authorizing adoption
enacted in accordance with Ohio Constitution, Article II, Sections 15
and 16. At that time the agency shall designate the effective date of
the rule, amendment, or rescission, which shall not be earlier than
the tenth day after the rule, amendment, or rescission has been filed
in its final form as provided in section 119.04 of the Revised Code.

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

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

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

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

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

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

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

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

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

Sec.
119.04.
(A)(1)
Any rule adopted by any agency shall be effective on the tenth day
after the day on which the rule in final form and in compliance with
division (A)(2) of this section is filed as follows:

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

(b)
The rule shall be filed in electronic form with the joint committee
on agency rule review. Division (A)(1)(b) of this section does not
apply to any rule to which division (C) of section 119.03 of the
Revised Code does not apply.

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

An
agency that adopts or amends a rule that is subject to section 106.03
of the Revised Code shall assign a review date to the rule that is
not later than five years after its effective date. If a review date
assigned to a rule exceeds the five-year maximum, the review date for
the rule is five years after its effective date. A rule with a review
date is subject to review under section 106.03 of the Revised Code.

(2)
The agency shall file the rule in compliance with the following
standards and procedures:

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

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

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

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

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

(3)
As used in this section, "rule" includes an amendment or
rescission of a rule.

(B)
The secretary of state and the director shall preserve the rules
filed under division (A)(1)(a) of this section in an accessible
manner. Each such rule shall be a public record open to public
inspection and may be transmitted to any law publishing company that
wishes to reproduce it.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(J)
As used in this section:

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

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

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

Sec.
120.08.
There
is hereby created in the state treasury the indigent defense support
fund, consisting of money paid into the fund pursuant to sections
4507.45, 4509.101, 4510.22, and 4511.19 of the Revised Code and
pursuant to sections 2937.22, 2949.091, and 2949.094 of the Revised
Code out of the additional court costs imposed under those sections.
The state public defender shall use at least eighty-three per cent of
the money in the fund for the purposes of reimbursing county
governments for expenses incurred pursuant to sections 120.18,
120.28, and 120.33 of the Revised Code

and

,

operating
its system pursuant to division (C)(7) of section 120.04 of the
Revised Code and division (B) of section 120.33 of the Revised Code
,
and directly paying private legal counsel's fees and expenses
incurred pursuant to division (D)(5) of section 120.06 of the Revised
Code
.
Disbursements from the fund to county governments shall be made at
least once per year and shall be allocated proportionately so that
each county receives an equal percentage of its cost for operating
its county public defender system, its joint county public defender
system, its county appointed counsel system, or its system operated
under division (C)(7) of section 120.04 of the Revised Code and
division (B) of section 120.33 of the Revised Code. The state public
defender may use not more than seventeen per cent of the money in the
fund for the purposes of appointing assistant state public defenders,
providing other personnel, equipment, and facilities necessary for
the operation of the state public defender office, and providing
training, developing and implementing electronic forms, or
establishing and maintaining an information technology system used
for the uniform operation of this chapter.

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

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

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

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

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

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

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

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

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

(I)
The department of children and youth, which shall be administered by
the director of children and youth;

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

(K)
The department of
mental

behavioral

health

and
addiction services
,
which shall be administered by the director of
mental

behavioral

health

and
addiction services
;

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

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

(N)
The department of development, which shall be administered by the
director of development;

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

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

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

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

(S)
The department of veterans services, which shall be administered by
the director of veterans services;

(T)
The department of medicaid, which shall be administered by the
medicaid director;

(U)
The department of education and workforce, which shall be
administered by the director of education and workforce.

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

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

(A)
The director of budget and management;

(B)
The director of commerce;

(C)
The director of transportation;

(D)
The director of agriculture;

(E)
The director of job and family services;

(F)
The director of children and youth;

(G)
The director of public safety;

(H)
The superintendent of insurance;

(I)
The director of development;

(J)
The tax commissioner;

(K)
The director of administrative services;

(L)
The director of natural resources;

(M)
The director of
mental

behavioral

health

and
addiction services
;

(N)
The director of developmental disabilities;

(O)
The director of health;

(P)
The director of youth services;

(Q)
The director of rehabilitation and correction;

(R)
The director of environmental protection;

(S)
The director of aging;

(T)
The administrator of workers' compensation who meets the
qualifications required under division (A) of section 4121.121 of the
Revised Code;

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

(V)
The chancellor of higher education;

(W)
The medicaid director;

(X)
The director of education and workforce.

Sec.
121.085.
The
financial literacy education fund is hereby created in the state
treasury. The fund shall consist of funds transferred to it from the
consumer finance fund pursuant to section 1321.21 of the Revised
Code. The fund shall be used to support various
adult

financial
literacy education programs developed or implemented by the director
of commerce. The fund shall be administered by the director of
commerce who shall adopt rules for the distribution of fund moneys.

The
director of commerce shall adopt a rule to require that at least
one-half of the financial literacy education programs developed or
implemented pursuant to this section, and offered to the public, be
presented by or available at public community colleges or state
institutions throughout the state.
The
director of commerce shall deliver to the president of the senate,
the speaker of the house of representatives, the minority leader of
the senate, the minority leader of the house of representatives, and
the governor an annual report that includes an outline of each adult
financial literacy education program developed or implemented, the
number of individuals who were educated by each program, and an
accounting for all funds distributed.

Sec.
121.16.
Not
later than ten days after receiving notice from the federal
government about a reduction or other modification to federal funding
a state agency receives, the state agency that received the notice
shall submit a copy to the president of the senate, or the
president's designee, and to the speaker of the house of
representatives, or the speaker's designee.

Not
later than ten days after receiving notice from the federal
government that a state program is or may be out of compliance with
federal requirements, the state agency that received the notice shall
submit a copy to the president of the senate, or the president's
designee, and to the speaker of the house of representatives, or the
speaker's designee.

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

(B)
As used in this section:

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

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

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

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

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

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

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

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

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

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

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

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

(1)
A grand jury;

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

(3)
The adult parole authority when its hearings are conducted at a
correctional institution for the sole purpose of interviewing inmates
to determine parole or pardon and the department of rehabilitation
and correction when its hearings are conducted at a correctional
institution for the sole purpose of making determinations under
section 2967.271 of the Revised Code regarding the release or
maintained incarceration of an offender to whom that section applies;

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

(5)
Meetings of a child fatality review board established under section
307.621 of the Revised Code, meetings related to a review conducted
pursuant to guidelines established by the director of health under
section 3701.70 of the Revised Code, and meetings conducted pursuant
to sections 5153.171 to 5153.173 of the Revised Code;

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

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

(8)
The state board of pharmacy when determining whether to do either of
the following:

(a)
Suspend a license, certification, or registration without a prior
hearing, including during meetings conducted by telephone conference,
pursuant to Chapters 3719., 3796., 4729., and 4752. of the Revised
Code and rules adopted thereunder; or

(b)
Restrict a person from obtaining further information from the drug
database established in section 4729.75 of the Revised Code without a
prior hearing pursuant to division (C) of section 4729.86 of the
Revised Code.

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

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

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

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

(13)
The occupational therapy section of the occupational therapy,
physical therapy, and athletic trainers board when determining
whether to suspend a license without a hearing pursuant to division
(E) of section 4755.11 of the Revised Code;

(14)
The physical therapy section of the occupational therapy, physical
therapy, and athletic trainers board when determining whether to
suspend a license without a hearing pursuant to division (F) of
section 4755.47 of the Revised Code;

(15)
The athletic trainers section of the occupational therapy, physical
therapy, and athletic trainers board when determining whether to
suspend a license without a hearing pursuant to division (E) of
section 4755.64 of the Revised Code;

(16)
Meetings of the pregnancy-associated mortality review board
established under section
3738.01

5180.27

of
the Revised Code;

(17)
Meetings of a fetal-infant mortality review board established under
section 3707.71 of the Revised Code;

(18)
Meetings of a drug overdose fatality review committee described in
section 307.631 of the Revised Code;

(19)
Meetings of a suicide fatality review committee described in section
307.641 of the Revised Code;

(20)
Meetings of the officers, members, or directors of an existing
qualified nonprofit corporation that creates a special improvement
district under Chapter 1710. of the Revised Code, at which the public
business of the corporation pertaining to a purpose for which the
district is created is not discussed;

(21)
Meetings of a domestic violence fatality review board established
under section 307.651 of the Revised Code;

(22)
Any nonprofit agency that has received an endorsement under section

122.69

5101.315

of
the Revised Code.

(E)
The controlling board, the tax credit authority, or the minority
development financing advisory board, when meeting to consider
granting assistance pursuant to Chapter 122. or 166. of the Revised
Code, in order to protect the interest of the applicant or the
possible investment of public funds, by unanimous vote of all board
or authority members present, may close the meeting during
consideration of the following information confidentially received by
the authority or board from the applicant:

(1)
Marketing plans;

(2)
Specific business strategy;

(3)
Production techniques and trade secrets;

(4)
Financial projections;

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

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

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

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

(G)
Except as provided in divisions (G)(8) and (J) of this section, the
members of a public body may hold an executive session only after a
majority of a quorum of the public body determines, by a roll call
vote, to hold an executive session and only at a regular or special
meeting for the sole purpose of the consideration of any of the
following matters:

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

(2)
To consider the purchase of property for public purposes, the sale of
property at competitive bidding, or the sale or other disposition of
unneeded, obsolete, or unfit-for-use property in accordance with
section 505.10 of the Revised Code, if premature disclosure of
information would give an unfair competitive or bargaining advantage
to a person whose personal, private interest is adverse to the
general public interest. No member of a public body shall use
division (G)(2) of this section as a subterfuge for providing covert
information to prospective buyers or sellers. A purchase or sale of
public property is void if the seller or buyer of the public property
has received covert information from a member of a public body that
has not been disclosed to the general public in sufficient time for
other prospective buyers and sellers to prepare and submit offers.

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

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

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

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

(6)
Details relative to the security arrangements and emergency response
protocols for a public body or a public office, if disclosure of the
matters discussed could reasonably be expected to jeopardize the
security of the public body or public office;

(7)
In the case of a county hospital operated pursuant to Chapter 339. of
the Revised Code, a joint township hospital operated pursuant to
Chapter 513. of the Revised Code, or a municipal hospital operated
pursuant to Chapter 749. of the Revised Code, to consider trade
secrets, as defined in section 1333.61 of the Revised Code;

(8)
To consider confidential information related to the marketing plans,
specific business strategy, production techniques, trade secrets, or
personal financial statements of an applicant for economic
development assistance, or to negotiations with other political
subdivisions respecting requests for economic development assistance,
provided that both of the following conditions apply:

(a)
The information is directly related to a request for economic
development assistance that is to be provided or administered under
any provision of Chapter 715., 725., 1724., or 1728. or sections
701.07, 3735.67 to 3735.70, 5709.40 to 5709.43, 5709.61 to 5709.69,
5709.73 to 5709.75, or 5709.77 to 5709.81 of the Revised Code, or
that involves public infrastructure improvements or the extension of
utility services that are directly related to an economic development
project.

(b)
A unanimous quorum of the public body determines, by a roll call
vote, that the executive session is necessary to protect the
interests of the applicant or the possible investment or expenditure
of public funds to be made in connection with the economic
development project.

If
a public body holds an executive session to consider any of the
matters listed in divisions (G)(2) to (8) of this section, the motion
and vote to hold that executive session shall state which one or more
of the approved matters listed in those divisions are to be
considered at the executive session.

A
public body specified in division (B)(1)(c) of this section shall not
hold an executive session when meeting for the purposes specified in
that division.

(H)
A resolution, rule, or formal action of any kind is invalid unless
adopted in an open meeting of the public body. A resolution, rule, or
formal action adopted in an open meeting that results from
deliberations in a meeting not open to the public is invalid unless
the deliberations were for a purpose specifically authorized in
division (G) or (J) of this section and conducted at an executive
session held in compliance with this section. A resolution, rule, or
formal action adopted in an open meeting is invalid if the public
body that adopted the resolution, rule, or formal action violated
division (F) of this section.

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

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

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

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

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

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

(4)
A member of a public body who knowingly violates an injunction issued
pursuant to division (I)(1) of this section may be removed from
office by an action brought in the court of common pleas for that
purpose by the prosecuting attorney or the attorney general.

(J)(1)
Pursuant to division (C) of section 5901.09 of the Revised Code, a
veterans service commission shall hold an executive session for one
or more of the following purposes unless an applicant requests a
public hearing:

(a)
Interviewing an applicant for financial assistance under sections
5901.01 to 5901.15 of the Revised Code;

(b)
Discussing applications, statements, and other documents described in
division (B) of section 5901.09 of the Revised Code;

(c)
Reviewing matters relating to an applicant's request for financial
assistance under sections 5901.01 to 5901.15 of the Revised Code.

(2)
A veterans service commission shall not exclude an applicant for,
recipient of, or former recipient of financial assistance under
sections 5901.01 to 5901.15 of the Revised Code, and shall not
exclude representatives selected by the applicant, recipient, or
former recipient, from a meeting that the commission conducts as an
executive session that pertains to the applicant's, recipient's, or
former recipient's application for financial assistance.

(3)
A veterans service commission shall vote on the grant or denial of
financial assistance under sections 5901.01 to 5901.15 of the Revised
Code only in an open meeting of the commission. The minutes of the
meeting shall indicate the name, address, and occupation of the
applicant, whether the assistance was granted or denied, the amount
of the assistance if assistance is granted, and the votes for and
against the granting of assistance.

Sec.
121.35.
(A)
Subject to division (B) of this section, the following state agencies
shall collaborate to revise and make more uniform the eligibility
standards and eligibility determination procedures of programs the
state agencies administer:

(1)
The department of aging;

(2)
The department of development;

(3)
The department of developmental disabilities;

(4)
The department of education and workforce;

(5)
The department of health;

(6)
The department of job and family services;

(7)
The department of medicaid;

(8)
The department of
mental

behavioral

health

and
addiction services
;

(9)
The opportunities for Ohioans with disabilities agency;

(10)
The department of children and youth.

(B)
In revising eligibility standards and eligibility determination
procedures, a state agency shall not make any program's eligibility
standards or eligibility determination procedures inconsistent with
state or federal law. To the extent authorized by state and federal
law, the revisions may provide for the state agencies to share
administrative operations.

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

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

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

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

(C)

Beginning
one year after September 26, 2003, each
Each

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

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

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

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

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

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

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

(D)
In implementing this section, the departments shall exempt
providers

the
following from the section's requirements:

(1)
Providers
of
home care services who are self-employed providers with no other
employees or are otherwise considered by the departments not to be
agency providers
.
The departments shall conduct a study on how the exempted providers
may be made subject to the requirement of effectively monitoring
whether home care services are being provided and have been provided
at the proper location and time. Not later than two years after
September 26, 2003, the departments shall prepare a report of their
findings and recommendations. The report shall be submitted to the
president of the senate and the speaker of the house of
representatives
;

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

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

Sec.
121.37.
(A)(1)
There is hereby created the Ohio family and children first cabinet
council. The council shall be composed of the director of education
and workforce, the executive director of the opportunities for
Ohioans with disabilities agency, the medicaid director, and the
directors of youth services, job and family services,
mental

behavioral

health

and
addiction services
,
health, developmental disabilities, aging, rehabilitation and
correction, children and youth, and budget and management. The
chairperson of the council shall be the governor or the governor's
designee and shall establish procedures for the council's internal
control and management.

The
purpose of the cabinet council is to help families seeking government
services. This section shall not be interpreted or applied to usurp
the role of parents, but solely to streamline and coordinate existing
government services for families seeking assistance for their
children.

(2)
In seeking to fulfill its purpose, the council may do any of the
following:

(a)
Advise and make recommendations to the governor and general assembly
regarding the provision of services to children;

(b)
Advise and assess local governments on the coordination of service
delivery to children;

(c)
Hold meetings at such times and places as may be prescribed by the
council's procedures and maintain records of the meetings, except
that records identifying individual children are confidential and
shall be disclosed only as provided by law;

(d)
Develop programs and projects, including pilot projects, to encourage
coordinated efforts at the state and local level to improve the
state's social service delivery system;

(e)
Enter into contracts with and administer grants to county family and
children first councils, as well as other county or multicounty
organizations to plan and coordinate service delivery between state
agencies and local service providers for families and children;

(f)
Enter into contracts with and apply for grants from federal agencies
or private organizations;

(g)
Enter into interagency agreements to encourage coordinated efforts at
the state and local level to improve the state's social service
delivery system. The agreements may include provisions regarding the
receipt, transfer, and expenditure of funds;

(h)
Identify public and private funding sources for services provided to
alleged or adjudicated unruly children and children who are at risk
of being alleged or adjudicated unruly children, including
regulations governing access to and use of the services;

(i)
Collect information provided by local communities regarding
successful programs for prevention, intervention, and treatment of
unruly behavior, including evaluations of the programs;

(j)
Identify and disseminate publications regarding alleged or
adjudicated unruly children and children who are at risk of being
alleged or adjudicated unruly children and regarding programs serving
those types of children;

(k)
Maintain an inventory of strategic planning facilitators for use by
government or nonprofit entities that serve alleged or adjudicated
unruly children or children who are at risk of being alleged or
adjudicated unruly children.

(3)
The cabinet council shall provide for the following:

(a)
Reviews of service and treatment plans for children for which such
reviews are requested;

(b)
Assistance as the council determines to be necessary to meet the
needs of children referred by county family and children first
councils;

(c)
Monitoring and supervision of a statewide, comprehensive,
coordinated, multi-disciplinary, interagency system for infants and
toddlers with developmental disabilities or delays and their
families, as established pursuant to federal grants received and
administered by the department of children and youth for early
intervention services under the "Individuals with Disabilities
Education Act of 2004," 118 Stat. 2744, 20 U.S.C.A. 1400, as
amended;

(d)
Establishing and maintaining the Ohio automated service coordination
system pursuant to section 121.376 of the Revised Code.

(4)
The cabinet council shall develop and implement the following:

(a)
An interagency process to select the indicators that will be used to
measure progress toward increasing child well-being in the state and
to update the indicators on an annual basis.

(b)
An interagency system to offer guidance and monitor progress toward
increasing child well-being in the state and in each county;

(c)
An annual plan that identifies state-level agency efforts taken to
ensure progress towards increasing child well-being in the state;

(d)
A state appeals process to resolve disputes among the members of a
county council, established under division (B) of this section,
concerning whether reasonable responsibilities are being shared. The
appeals process may be accessed only by a majority vote of the
council members who are required to serve on the council. Upon
appeal, the cabinet council may order that state funds for services
to children and families be redirected to a county's board of county
commissioners.

(5)
On an annual basis, the cabinet council shall submit to the governor
and the general assembly a report on the status of efforts to
increase child well-being in the state. This report shall be made
available to any other person on request.

(6)
The cabinet council state office may adopt rules governing the
responsibilities of county family and children first councils
established in division
(B)(3)
(B)(5)

of this section.

(B)(1)

Each

Except
as provided in division (B)(2) of this section, each
board
of county commissioners shall establish a county family and children
first council. The board may invite any local public or private
agency or group that funds, advocates, or provides services to
children and families to have a representative become a permanent or
temporary member of its county council. Each county council must
include the following individuals:

(a)
At least three individuals
who
are not employed by an agency represented on the council and
whose
families are

receiving

or have received services from an agency represented on the council
or another county's council.
If
such an individual is employed by an agency represented on the
council, the individual shall complete a conflict of interest
disclosure form and abstain from any vote that involves the agency
that employs the individual.
Where
possible, the number of members representing families
shall

may

be
equal to twenty per cent of the council's membership.

(b)
The director of the board of alcohol, drug addiction, and mental
health services that serves the county, or, in the case of a county
that has a board of alcohol and drug addiction services and a
community mental health board, the directors of both boards. If a
board of alcohol, drug addiction, and mental health services covers
more than one county, the director may designate a person to
participate on the county's council.

(c)
The health commissioner, or the commissioner's designee, of the board
of health of each city and general health district in the county. If
the county has two or more health districts, the health commissioner
membership may be limited to the commissioners of the two districts
with the largest populations.

(d)
The director of the county department of job and family services;

(e)
The executive director of the public children services agency;

(f)
The superintendent of the county board of developmental disabilities
or, if the superintendent serves as superintendent of more than one
county board of developmental disabilities, the superintendent's
designee;

(g)
The superintendent of the city, exempted village, or local school
district with the largest number of pupils residing in the county,
or
a district-level administrative designee with decision-making
authority,
as
determined by the department of education and workforce, which shall
notify each board of county commissioners of its determination at
least biennially;

(h)
A school superintendent representing all other school districts with
territory in the county,
or
a district-level administrative designee with decision-making
authority,
as
designated at a biennial meeting of the superintendents of those
districts;

(i)
A representative of the municipal corporation with the largest
population in the county;

(j)
The president of the board of county commissioners or an individual
designated by the board;

(k)
A representative of the department of youth services or an individual
designated by the department;

(l)
A representative of the county's head start agencies, as defined in
section 3301.32 of the Revised Code;

(m)
A representative of the county's early intervention collaborative
established pursuant to the federal early intervention program
operated under the "Individuals with Disabilities Education Act
of 2004";

(n)
A representative of a local nonprofit entity that funds, advocates,
or provides services to children and families.

Notwithstanding
any other provision of law, the public members of a county council
are not prohibited from serving on the council and making decisions
regarding the duties of the council, including those involving the
funding of joint projects and those outlined in the county's service
coordination mechanism implemented pursuant to division (C) of this
section.

The
county's juvenile court judge senior in service or another judge of
the juvenile court designated by the administrative judge or, where
there is no administrative judge, by the judge senior in service
shall serve as the judicial advisor to the county family and children
first council. The judge may advise the county council on the court's
utilization of resources, services, or programs provided by the
entities represented by the members of the county council and how
those resources, services, or programs assist the court in its
administration of justice. Service of a judge as a judicial advisor
pursuant to this section is a judicial function.

(2)

By
passing a resolution, a board of county commissioners may decide not
to establish or maintain a county family and children first council
for the county if the board determines that all of the following
conditions exist:

(a)
Alternative programs and services exist in the county to meet the
needs of those served by a family and children first council.

(b)
A family and children first council for the county is not or would
not be sufficiently funded to make the council financially
sustainable.

(c)
The director of the county department of job and family services,
executive director of the public children services agency, and county
board of developmental disabilities each recommend to the board of
county commissioners not to establish or maintain a county family and
children first council.

(3)
A county's board of county commissioners that has decided to not
establish or maintain a county family and children first council may
reconsider the decision at any time but shall do so not later than
five years after the date the resolution passed. In reconsidering the
decision, the board of county commissioners shall determine whether
all the conditions described in division (B)(2) of this section
exist.

(4)

The
purpose of the county council is to streamline and coordinate
existing government services for families seeking services for their
children. In seeking to fulfill its purpose, a county council shall
provide for the following:

(a)
Referrals to the cabinet council of those children for whom the
county council cannot provide adequate services;

(b)
Development and implementation of a process that annually evaluates
and prioritizes services, fills service gaps where possible, and
invents new approaches to achieve better results for families and
children;

(c)
Participation in the development of a countywide, comprehensive,
coordinated, multi-disciplinary, interagency system for infants and
toddlers with developmental disabilities or delays and their
families, as established pursuant to federal grants received and
administered by the department of children and youth for early
intervention services under the "Individuals with Disabilities
Education Act of 2004";

(d)
Maintenance of an accountability system to monitor the county
council's progress in achieving results for families and children;

(e)
Establishment of a mechanism to ensure ongoing input from a broad
representation of families who are receiving services within the
county system.

(3)
(5)

A county council shall develop and implement the following:

(a)
An interagency process to establish local indicators and monitor the
county's progress toward increasing child well-being in the county;

(b)
An interagency process to identify local priorities to increase child
well-being.

(c)
An annual plan that identifies the county's interagency efforts to
increase child well-being in the county.

On
an annual basis, the county council shall submit a report on the
status of efforts by the county to increase child well-being in the
county to the county's board of county commissioners and the cabinet
council. This report shall be made available to any other person on
request.

(4)(a)
(6)(a)

Except as provided in division
(B)(4)(b)
(B)(6)(b)

of this section, a county council shall comply with the policies,
procedures, and activities prescribed by the rules or interagency
agreements of a state department participating on the cabinet council
whenever the county council performs a function subject to those
rules or agreements.

(b)
On application of a county council, the cabinet council may grant an
exemption from any rules or interagency agreements of a state
department participating on the council if an exemption is necessary
for the council to implement an alternative program or approach for
service delivery to families and children. The application shall
describe the proposed program or approach and specify the rules or
interagency agreements from which an exemption is necessary. The
cabinet council shall approve or disapprove the application in
accordance with standards and procedures it shall adopt. If an
application is approved, the exemption is effective only while the
program or approach is being implemented, including a reasonable
period during which the program or approach is being evaluated for
effectiveness.

(5)(a)
(7)(a)

Each county council shall designate an administrative agent for the
council from among the following public entities: the board of
alcohol, drug addiction, and mental health services, including a
board of alcohol and drug addiction or a community mental health
board if the county is served by separate boards; the board of county
commissioners; any board of health of the county's city and general
health districts; the county department of job and family services;
the county agency responsible for the administration of children
services pursuant to section 5153.15 of the Revised Code; the county
board of developmental disabilities; any of the county's boards of
education or governing boards of educational service centers; or the
county's juvenile court. Any of the foregoing public entities, other
than the board of county commissioners, may decline to serve as the
council's administrative agent.

A
county council's administrative agent shall serve as the council's
appointing authority for any employees of the council. The council
shall file an annual budget with its administrative agent, with
copies filed with the county auditor and with the board of county
commissioners, unless the board is serving as the council's
administrative agent. The council's administrative agent shall ensure
that all expenditures are handled in accordance with policies,
procedures, and activities prescribed by state departments in rules,
grant agreements, or interagency agreements that are applicable to
the council's functions.

The
administrative agent of a county council
shall

may

send
notice of a member's absence if a member listed in division (B)(1) of
this section has been absent from either three consecutive meetings
of the county council or a county council subcommittee, or from
one-quarter of such meetings in a calendar year, whichever is less.
The notice shall be sent to the board of county commissioners that
establishes the county council and, for the members listed in
divisions (B)(1)(b), (c), (e), and (l) of this section, to the
governing board overseeing the respective entity; for the member
listed in division (B)(1)(f) of this section, to the county board of
developmental disabilities that employs the superintendent; for a
member listed in division (B)(1)(g) or (h) of this section, to the
school board that employs the superintendent; for the member listed
in division (B)(1)(i) of this section, to the mayor of the municipal
corporation; for the member listed in division (B)(1)(k) of this
section, to the director of youth services; and for the member listed
in division (B)(1)(n) of this section, to that member's board of
trustees.

The
administrative agent for a county council may do any of the following
on behalf of the council:

(i)
Enter into agreements or administer contracts with public or private
entities to fulfill specific council business. Such agreements and
contracts are exempt from the competitive bidding requirements of
section 307.86 of the Revised Code if they have been approved by the
county council and they are for the purchase of services for families
and children. The approval of the county council is not required to
exempt agreements or contracts entered into under section 5139.34,
5139.41, or 5139.43 of the Revised Code from the competitive bidding
requirements of section 307.86 of the Revised Code.

(ii)
As determined by the council, provide financial stipends,
reimbursements, or both, to family representatives for expenses
related to council activity;

(iii)
Receive by gift, grant, devise, or bequest any moneys, lands, or
other property for the purposes for which the council is established.
The agent shall hold, apply, and dispose of the moneys, lands, or
other property according to the terms of the gift, grant, devise, or
bequest. Any interest or earnings shall be treated in the same manner
and are subject to the same terms as the gift, grant, devise, or
bequest from which it accrues.

(b)(i)
If the county council designates the board of county commissioners as
its administrative agent, the board may, by resolution, delegate any
of its powers and duties as administrative agent to an executive
committee the board establishes from the membership of the county
council. The board shall name to the executive committee at least the
individuals described in divisions (B)(1)(b) to (h) of this section
and may appoint the president of the board or another individual as
the chair of the executive committee. The executive committee must
include at least one family county council representative who does
not have a family member employed by an agency represented on the
council.

(ii)
The executive committee may, with the approval of the board, hire an
executive director to assist the county council in administering its
powers and duties. The executive director shall serve in the
unclassified civil service at the pleasure of the executive
committee. The executive director may, with the approval of the
executive committee, hire other employees as necessary to properly
conduct the county council's business.

(iii)
The board may require the executive committee to submit an annual
budget to the board for approval and may amend or repeal the
resolution that delegated to the executive committee its authority as
the county council's administrative agent.

(6)
(8)

Two or more county councils may enter into an agreement to administer
their county councils jointly by creating a regional family and
children first council. A regional council possesses the same duties
and authority possessed by a county council, except that the duties
and authority apply regionally rather than to individual counties.
Prior to entering into an agreement to create a regional council, the
members of each county council to be part of the regional council
shall meet to determine whether all or part of the members of each
county council will serve as members of the regional council.

(7)
(9)

A board of county commissioners may approve a resolution by a
majority vote of the board's members that requires the county council
to submit a statement to the board each time the council proposes to
enter into an agreement, adopt a plan, or make a decision, other than
a decision pursuant to section 121.38 of the Revised Code, that
requires the expenditure of funds for two or more families. The
statement shall describe the proposed agreement, plan, or decision.

Not
later than fifteen days after the board receives the statement, it
shall, by resolution approved by a majority of its members, approve
or disapprove the agreement, plan, or decision. Failure of the board
to pass a resolution during that time period shall be considered
approval of the agreement, plan, or decision.

An
agreement, plan, or decision for which a statement is required to be
submitted to the board shall be implemented only if it is approved by
the board.

(C)
Each county shall develop a county service coordination mechanism.
The county service coordination mechanism shall serve as the guiding
document for coordination of services in the county. For children who
also receive services under the early intervention program, the main
provider of service coordination shall be an early intervention
service coordinator to ensure compliance with section
5123.02

5180.30

of
the Revised Code. All family service coordination plans shall be
developed in accordance with the county service coordination
mechanism. The mechanism shall be developed and approved with the
participation of the county entities representing child welfare;
developmental disabilities; alcohol, drug addiction, and mental
health services; health; juvenile judges; education; the county
family and children first council; and the county early intervention
collaborative established pursuant to the federal early intervention
program operated under the "Individuals with Disabilities
Education Act of 2004." The county shall establish an
implementation schedule for the mechanism. The cabinet council may
monitor the implementation and administration of each county's
service coordination mechanism.

Each
mechanism shall include all of the following:

(1)
A procedure for an agency, including a juvenile court, or a family
voluntarily seeking service coordination, to refer the child and
family to the county council for service coordination in accordance
with the mechanism;

(2)
A procedure ensuring that a family and all appropriate staff from
involved agencies, including a representative from the appropriate
school district, are notified of and invited to participate in all
family service coordination plan meetings;

(3)
A procedure that permits a family to initiate a meeting to develop or
review the family's service coordination plan and allows the family
to invite a family advocate, mentor, or support person of the
family's choice to participate in any such meeting;

(4)
A procedure for ensuring that a family service coordination plan
meeting is conducted for each child who receives service coordination
under the mechanism and for whom an emergency out-of-home placement
has been made or for whom a nonemergency out-of-home placement is
being considered. The meeting shall be conducted within ten days of
an emergency out-of-home placement. The meeting shall be conducted
before a nonemergency out-of-home placement. The family service
coordination plan shall outline how the county council members will
jointly pay for services, where applicable, and provide services in
the least restrictive environment.

(5)
A procedure for monitoring the progress and tracking the outcomes of
each service coordination plan requested in the county including
monitoring and tracking children in out-of-home placements to assure
continued progress, appropriateness of placement, and continuity of
care after discharge from placement with appropriate arrangements for
housing, treatment, and education;

(6)
A procedure for protecting the confidentiality of all personal family
information disclosed during service coordination meetings or
contained in the comprehensive family service coordination plan;

(7)
A procedure for assessing the needs and strengths of any child or
family that has been referred to the council for service
coordination, including a child whose parent or custodian is
voluntarily seeking services, and for ensuring that parents and
custodians are afforded the opportunity to participate;

(8)
A procedure for development of a family service coordination plan
described in division (D) of this section;

(9)
A local dispute resolution process to serve as the process that must
be used first to resolve disputes among the agencies represented on
the county council concerning the provision of services to children,
including children who are abused, neglected, dependent, unruly,
alleged unruly, or delinquent children and under the jurisdiction of
the juvenile court and children whose parents or custodians are
voluntarily seeking services. The local dispute resolution process
shall comply with sections 121.38, 121.381, and 121.382 of the
Revised Code. The local dispute resolution process shall be used to
resolve disputes between a child's parents or custodians and the
county council regarding service coordination. The county council
shall inform the parents or custodians of their right to use the
dispute resolution process. Parents or custodians shall use existing
local agency grievance procedures to address disputes not involving
service coordination. The dispute resolution process is in addition
to and does not replace other rights or procedures that parents or
custodians may have under other sections of the Revised Code.

The
cabinet council shall adopt rules in accordance with Chapter 119. of
the Revised Code establishing an administrative review process to
address problems that arise concerning the operation of a local
dispute resolution process.

Nothing
in division (C)(4) of this section shall be interpreted as overriding
or affecting decisions of a juvenile court or public children
services agency regarding an out-of-home placement, long-term
placement, or emergency out-of-home placement.

(D)
Each county shall develop a family service coordination plan that
does all of the following:

(1)
Designates service responsibilities among the various state and local
agencies that provide services to children and their families,
including children who are abused, neglected, dependent, unruly, or
delinquent children and under the jurisdiction of the juvenile court
and children whose parents or custodians are voluntarily seeking
services;

(2)
Designates an individual, approved by the family, to track the
progress of the family service coordination plan, schedule reviews as
necessary, and facilitate the family service coordination plan
meeting process;

(3)
Ensures that assistance and services to be provided are responsive to
the strengths and needs of the family, as well as the family's
culture, race, and ethnic group, by allowing the family to offer
information and suggestions and participate in decisions. Identified
assistance and services shall be provided in the least restrictive
environment possible.

(4)
Includes a process for dealing with a child who is alleged to be an
unruly child. The process shall include methods to divert the child
from the juvenile court system;

(5)
Includes timelines for completion of goals specified in the plan with
regular reviews scheduled to monitor progress toward those goals;

(6)
Includes a plan for dealing with short-term crisis situations and
safety concerns.

(E)(1)
The process provided for under division (D)(4) of this section may
include, but is not limited to, the following:

(a)
Designation of the person or agency to conduct the assessment of the
child and the child's family as described in division (C)(7) of this
section and designation of the instrument or instruments to be used
to conduct the assessment;

(b)
An emphasis on the personal responsibilities of the child and the
parental responsibilities of the parents, guardian, or custodian of
the child;

(c)
Involvement of local law enforcement agencies and officials.

(2)
The method to divert a child from the juvenile court system that must
be included in the service coordination process may include, but is
not limited to, the following:

(a)
The preparation of a complaint under section 2151.27 of the Revised
Code alleging that the child is an unruly child and notifying the
child and the parents, guardian, or custodian that the complaint has
been prepared to encourage the child and the parents, guardian, or
custodian to comply with other methods to divert the child from the
juvenile court system;

(b)
Conducting a meeting with the child, the parents, guardian, or
custodian, and other interested parties to determine the appropriate
methods to divert the child from the juvenile court system;

(c)
A method to provide to the child and the child's family a short-term
respite from a short-term crisis situation involving a confrontation
between the child and the parents, guardian, or custodian;

(d)
A program to provide a mentor to the child or the parents, guardian,
or custodian;

(e)
A program to provide parenting education to the parents, guardian, or
custodian;

(f)
An alternative school program for children who are truant from
school, repeatedly disruptive in school, or suspended or expelled
from school;

(g)
Other appropriate measures, including, but not limited to, any
alternative methods to divert a child from the juvenile court system
that are identified by the Ohio family and children first cabinet
council.

(F)
Each county may review and revise the service coordination process
described in division (D) of this section based on the availability
of funds under Title IV-A of the "Social Security Act," 110
Stat. 2113 (1996), 42 U.S.C.A. 601, as amended, or to the extent
resources are available from any other federal, state, or local
funds.

(G)
As used in this section, "early intervention service
coordinator" means a person who holds an early intervention
service coordinator credential or an early intervention service
coordination supervisor credential issued by the department of

developmental
disabilities
children
and youth
and
who assists and enables an infant or toddler with a developmental
delay or disability and the child's family to receive the services
and rights, including procedural safeguards, required under part C of
the "Individuals with Disabilities Education Act of 2004,"
20 U.S.C. 1400, as amended.

Sec.
121.93.
(A)
Except as provided in division (E) of this section, an agency shall
review its operations to identify principles of law or policy that
have not been stated in a rule and that the agency is relying upon in
conducting adjudications or other determinations of rights and
liabilities or in issuing writings and other materials, such as
instructions, directives, policy statements, guidelines, handbooks,
manuals, advisories, notices, circulars, advertisements, forms,
letters, and opinions. An agency is not required to identify
principles of law or policy relied upon in issuing internal
management rules as defined n section 111.15 of the Revised Code. The
agency shall complete at least one of the reviews during a governor's
term.

Within
six months after the expiration of a governor's term, the agency
electronically shall transmit a report to the joint committee on
agency rule review containing the following:

(1)
A statement that the agency has completed one or more of the reviews,
specifying the exact number of reviews completed during the
governor's expired term;

(2)
The principles of law or policies identified under this division;

(3)
The agency's considerations regarding the identified principles of
law or policies under division (B) of this section;

(4)
Any principles of law or policies for which the agency determines
rulemaking is indicated or for which the agency has commenced the
rule-making process under division (C) of this section.

The
joint committee on agency rule review shall make the reports
available on its web site.

(B)
The agency shall determine whether a principle of law or policy thus
identified has a general and uniform operation and establishes a
legal regulation or standard that would not exist in its absence. If
the principle of law or policy has these characteristics, the agency
shall determine whether the principle of law or policy should be
supplanted by its restatement in a rule to achieve one or more of the
following as they are relevant to the principle of law or policy:

(1)
Assert the general and uniform operation of the principle of law or
policy;

(2)
Make the principle of law or policy more readily available to the
public;

(3)
Make the principle of law or policy more readily available to persons
who specifically are affected by the principle of law or policy;

(4)
Enable the principle of law or policy to be better known in advance
of its application;

(5)
Enable greater public participation in improvement and further
development of the principle of law or policy;

(6)
Enable greater participation by persons specifically affected by the
principle of law or policy in the improvement and further development
of the principle of law or policy;

(7)
Make the principle of law or policy more easily understandable; or

(8)
Make the principle of law or policy more readily available to those
legally charged with monitoring or reviewing the agency's operations.

If
a principle of law or policy aids in the interpretation of an
existing rule or statute, the agency shall consider whether the
aiding effect clarifies or otherwise resolves an uncertainty in the
existing rule or statute. If the principle of law or policy can be so
characterized, the agency shall consider whether the principle of law
or policy should be supplanted by its restatement in an interpretive
rule. The agency may not presume that a principle of law or policy
that aids in the interpretation of an existing rule or statute is
simply a reiteration of the existing rule or statute.

(C)
If the agency determines, in light of the foregoing standards, that
rulemaking is indicated, the agency shall commence the rule-making
process as soon as it is reasonably feasible to do so, but not later
than the date that is
six

three

months
after the determination was made. The principle of law or policy as
it is restated in a rule does not need to be wholly congruent with
the supplanted principle of law or policy. The agency lawfully may
improve or develop further the supplanted principle of law or policy
as it is restated in a rule.

The
agency may continue to rely upon the principle of law or policy, but
only while it is complying with the preceding paragraph. The agency
may not rely upon the principle of law or policy in advising with
regard to or in determining the rights or liabilities of a person if

the

any
of the following apply:

(1)
The
agency
fails to commence the rule-making process by the deadline specified
in the preceding paragraph
,
or if, after
.

(2)
After
commencing
the rule-making process, the agency neglects or abandons the
rule-making process before it is completed
.

(3)
The agency fails to file a rule for which rulemaking is indicated
under this section in final form within one year of the agency making
a determination under this section.

(4)
After filing a proposed rule and rule summary and fiscal analysis
with the joint committee, the agency notifies the joint committee of
the agency's intention to file a revised proposed rule as described
in division (B) of section 106.02 of the Revised Code
.

(D)
A principle of law or policy that is relied upon directly or by clear
implication from a statute applying to the agency does not need to be
supplanted by rule.

(E)
This section does not apply to an agency, commission, or committee
created in the legislative branch of government or to serve the
general assembly including, but not limited to, all of the following:

(1)
The joint legislative ethics committee;

(2)
The joint medicaid oversight committee;

(3)
The correctional institution inspection committee;

(4)
(2)

The legislative service commission;

(5)
(3)

The legislative information services;

(6)
(4)

The capitol square review and advisory board.

Sec.
121.931.
(A)
A person may petition an agency in writing to restate a principle of
law or policy in a rule if (1) the person was a party to an
adjudication or other determination before an agency that has
resulted in an order or other disposition or was a party to a civil
action in which judgment has been entered, and (2) the adjudication
or other determination, or the civil action, involved a principle of
law or policy relied upon by the agency that, under section 121.93 of
the Revised Code, should have been supplanted by its restatement in a
rule but has not been so supplanted. The petition shall briefly
explain why the principle of law or policy should, under section
121.93 of the Revised Code, be supplanted by its restatement in a
rule. The person shall send the petition to the agency not later than
the ninetieth day after the order or other disposition was issued or
the judgment was entered. The person also shall send a copy of the
petition to the joint committee on agency rule review.

(B)
The agency, not later than the thirtieth day after receiving a timely
petition, shall consider the petition in light of section 121.93 of
the Revised Code, and shall notify the petitioner in writing, by
certified mail, return receipt requested, whether it grants or
intends to deny the petition.

(1)
If the agency grants the petition, it shall commence the rule-making
process as soon as it is reasonably feasible to do so, but not later
than the date that is
six

three

months
after the petition was granted. The principle of law or policy as it
is restated in a rule does not need to be wholly congruent with the
supplanted principle of law or policy. The agency lawfully may
improve or develop further the supplanted principle of law or policy.

The
agency may continue to rely upon the principle of law or policy, but
only while it is complying with the preceding paragraph. The agency
may not rely upon the principle of law or policy in advising with
regard to or in determining the rights or liabilities of a person if

the

any
of the following apply:

(a)
The
agency
fails to commence the rule-making process by the deadline specified
in the preceding paragraph
,
or if, after
.

(b)
After
commencing
the rule-making process, the agency neglects or abandons the
rule-making process before it is completed
.

(c)
The agency fails to file a rule for which rulemaking is required
under this section in final form within one year of the agency
granting a petition under this division.

(d)
After filing a proposed rule and rule summary and fiscal analysis
with the joint committee, the agency notifies the joint committee of
the agency's intention to file a revised proposed rule as described
in division (B) of section 106.02 of the Revised Code
.

(2)
If the agency intends to deny the petition, it shall send the
petitioner a notice affording the petitioner an opportunity for a
hearing on the petition and briefly explaining why the agency intends
to deny the petition. If the petitioner does not in writing request a
hearing within fifteen days after receiving the notice, the agency
shall deny the petition and notify the petitioner in writing. If the
petitioner responds in writing within the fifteen-day period
requesting a hearing, the agency, by certified mail, return receipt
requested, promptly shall notify the petitioner of the time and place
for the hearing, which shall be not earlier than the thirtieth day
after the notice was sent to the petitioner.

(C)
At the hearing, the agency shall explain why, notwithstanding section
121.93 of the Revised Code, it intends to deny the petition, and the
petitioner shall explain why under that section the petitioner
believes the agency's intention to be erroneous. The hearing shall be
informal. The petitioner may be assisted by counsel at the hearing.

(D)
Not later than the thirtieth day after the hearing concludes, the
agency shall grant or deny the petition.

(1)
If the agency grants the petition, it shall commence the rule-making
process as soon as it is reasonably feasible to do so, but not later
than the date that is
six

three

months
after the determination was made. The principle of law or policy as
it is restated in a rule does not need to be wholly congruent with
the supplanted principle of law or policy. The agency lawfully may
improve or develop further the supplanted principle of law or policy
as it is restated in a rule.

The
agency may continue to rely upon the principle of law or policy, but
only while it is complying with the preceding paragraph. The agency
may not rely upon the principle of law or policy in advising with
regard to or in determining the rights or liabilities of a person if

the

any
of the following apply:

(a)
The
agency
fails to commence the rule-making process by the deadline specified
in the preceding paragraph
,
or if, after
.

(b)
After
commencing
the rule-making process, the agency neglects or abandons the
rule-making process before it is completed
.

(c)
The agency fails to file a rule for which rulemaking is required
under this section in final form within one year of the agency
granting a petition under this division.

(d)
After filing a proposed rule and rule summary and fiscal analysis
with the joint committee, the agency notifies the joint committee of
the agency's intention to file a revised proposed rule as described
in division (B) of section 106.02 of the Revised Code
.

(2)
If the petitioner failed to appear at the hearing, or if the
petitioner failed to persuade the agency that its intention to deny
the petition is erroneous, the agency shall deny the petition.

The
agency shall send notice in writing to the petitioner of the outcome.
If the outcome is denial of the petition, the notice shall explain
briefly why the agency is denying the petition. The petitioner is not
entitled to appeal the outcome.

Sec.
121.95.
(A)
As used in sections 121.95, 121.951, 121.952, 121.953, and 121.954 of
the Revised Code
,
"state
:

(1)
"State
agency"
means an administrative department created under section 121.02 of
the Revised Code, an administrative department head appointed under
section 121.03 of the Revised Code, and a state agency organized
under an administrative department or administrative department head.
"State agency" also includes the department of education
and workforce, the state lottery commission, the Ohio casino control
commission, the state racing commission, and the public utilities
commission of Ohio. Rules adopted by an otherwise independent
official or entity organized under a state agency shall be attributed
to the agency under which the official or entity is organized for the
purposes of sections 121.95, 121.951, 121.952, 121.953, and 121.954
of the Revised Code.

(2)
"Regulatory restriction" means any part of a rule that
requires or prohibits an action.

(B)
Not later than December 31, 2019, a state agency shall review its
existing rules to identify rules having one or more regulatory
restrictions

that
require or prohibit an action
and
prepare a base inventory of the regulatory restrictions in its
existing rules.
Rules
that include the words "shall," "must,"
"require," "shall not," "may not," and
"prohibit" shall be considered to contain regulatory
restrictions.

(C)
In the base inventory, the state agency shall indicate all of the
following concerning each regulatory restriction:

(1)
A description of the regulatory restriction;

(2)
The rule number of the rule in which the regulatory restriction
appears;

(3)
The statute under which the regulatory restriction was adopted;

(4)
Whether state or federal law expressly and specifically requires the
agency to adopt the regulatory restriction or the agency adopted the
regulatory restriction under the agency's general authority;

(5)
Whether removing the regulatory restriction would require a change to
state or federal law, provided that removing a regulatory restriction
adopted under a law granting the agency general authority shall be
presumed not to require a change to state or federal law;

(6)
Any other information the joint committee on agency rule review
considers necessary.

(D)
The state agency shall compute and state the total number of
regulatory restrictions indicated in the base inventory, shall post
the base inventory on its web site, and shall electronically transmit
a copy of the inventory to the joint committee. The joint committee
shall review the base inventory, then transmit it electronically to
the speaker of the house of representatives and the president of the
senate.

(E)
The following types of rules or regulatory restrictions are not
required to be included in a state agency's inventory of regulatory
restrictions:

(1)
An internal management rule;

(2)
An emergency rule;

(3)
A rule that state or federal law requires the state agency to adopt
verbatim;

(4)
A regulatory restriction contained in materials or documents
incorporated by reference into a rule pursuant to sections 121.71 to
121.75 of the Revised Code;

(5)
A rule adopted pursuant to section 1347.15 of the Revised Code;

(6)
A rule concerning instant lottery games;

(7)
A rule adopted by the Ohio casino control commission or the state
lottery commission concerning sports gaming;

(8)
Any other rule that is not subject to review under Chapter 106. of
the Revised Code;

(9)
Any rule that is adopted as a requirement for the state agency to
obtain or maintain accreditation or certification from a multistate
organization consisting of at least forty-five participating states.

(F)
Beginning on October 17, 2019, and ending on June 30, 2025, a state
agency may not adopt a new regulatory restriction unless it
simultaneously removes two or more other existing regulatory
restrictions. The state agency may not satisfy this section by
merging two or more existing regulatory restrictions into a single
surviving regulatory restriction.

Sec.
121.951.
(A)(1)
Using the criteria listed in division (A) of section 106.03 of the
Revised Code, a state agency shall amend or rescind rules identified
in its base inventory of regulatory restrictions prepared under
section 121.95 of the Revised Code as necessary to reduce the total
number of regulatory restrictions by thirty per cent, according to
the following schedule:

(a)
A ten per cent reduction not later than June 30, 2023;

(b)
A twenty per cent reduction not later than June 30, 2024; and

(c)
The thirty per cent reduction not later than June 30, 2025.

When
a state agency has achieved a reduction of any percentage in
regulatory restrictions, whether or not as specified in this section,
the state agency may not adopt or maintain regulatory restrictions
that would negate the reduction.

(2)
Beginning July 1, 2025, a state agency that has not achieved the
specified thirty per cent reduction may not adopt a new regulatory
restriction unless it simultaneously removes two or more other
existing regulatory restrictions, until the specified thirty per cent
reduction has been achieved. The state agency may not fulfill this
requirement by merging two or more existing regulatory restrictions
into a single surviving regulatory restriction.

Removing
or replacing "shall," "must," "require,"
"shall not," "may not," "prohibit," or
similar words in a portion of a rule does not remove a regulatory
restriction from a rule unless the removal eliminates a requirement
or prohibition from the rule.

(3)

A
state agency that has achieved the specified thirty per cent
reduction may not adopt a new regulatory restriction unless it
simultaneously removes one or more other existing regulatory
restrictions. The state agency may not fulfill this requirement by
merging two or more existing regulatory restrictions into a single
surviving regulatory restriction.

(4)

A
state agency is encouraged to continue to reduce regulatory
restrictions after it has achieved the specified thirty per cent
reduction.

(B)(1)
Not later than September 15, 2022, a state agency shall prepare an
historical report of its progress in reducing regulatory restrictions
over the period of time beginning when the agency prepared its base
inventory under section 121.95 of the Revised Code and ending on June
30, 2022. Annually thereafter, a state agency shall prepare an
historical report of its progress in reducing regulatory restrictions
over the preceding fiscal year. The state agency shall explain in the
report how it applied the criteria described in division (A) of
section 106.03 of the Revised Code to its determinations as to which
regulatory restrictions to amend or rescind. The state agency shall
include a revised inventory of regulatory restrictions with the
report.

(2)
In the revised inventory, in addition to the information required by
section 121.95 of the Revised Code, the state agency shall compute
the percentage net reduction in regulatory restrictions by
subtracting the current number of regulatory restrictions from the
number of regulatory restrictions identified in the base inventory
and then dividing the resulting number by the number of regulatory
restrictions in the base inventory.

(3)
The state agency shall transmit the report electronically to the
joint committee on agency rule review. The joint committee shall
review the report and shall transmit it electronically to the speaker
of the house of representatives and the president of the senate. The
state agency shall continue preparing and transmitting annual reports
until it has reported that it has achieved the required reduction in
regulatory restrictions.

Sec.
121.953.
(A)

Effective

Except
as provided in division (C) of this section, effective
July
1, 2025, the number of regulatory restrictions in this state shall
not exceed a number of regulatory restrictions determined by the
joint committee on agency rule review in accordance with this
section. The joint committee shall determine that number by
calculating, for each agency, the number of regulatory restrictions
identified by the agency in the base inventory prepared under section
121.95 of the Revised Code, minus the number of regulatory
restrictions that represents the percentage reduction the state
agency is required to achieve, and then totaling the resulting
numbers for all state agencies. The joint committee shall consider
any lessened required reductions under section 121.952 of the Revised
Code.

(B)

A
state agency shall contact the joint committee before submitting a
proposed rule containing a regulatory restriction, and the joint
committee shall determine whether adopting the regulatory restriction
would cause the state to exceed the number of regulatory restrictions
permitted under this section. A
Except
as provided in division (C) of this section, a
state
agency may not adopt a rule if by adopting the rule the state agency
would cause the number of regulatory restrictions to exceed the state
limit as determined by the joint committee.

(C)
Beginning on the effective date of this amendment, a state agency may
appear before the joint committee to show cause why the agency should
be permitted to adopt a rule that would cause the number of
regulatory restrictions to exceed the state limit as determined by
the joint committee. If the joint committee determines that the state
agency has shown cause, the joint committee may, by a vote of a
majority of its members, permit the state agency to adopt the rule
notwithstanding the state limit on regulatory restrictions determined
by the joint committee. The joint committee shall prepare a report
summarizing all the rules it has authorized a state agency to adopt
notwithstanding the state limit on regulatory restrictions. The joint
committee shall transmit the report electronically to the speaker of
the house of representatives and the president of the senate not
later than the thirty-first day of December of each year.

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

(1)
"Development costs" means

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

(2)
"Eligible expenditures" means certain

expenditures paid or incurred by the property owner in completing a
certified transformational mixed use development project

after
the project is certified by the director of development
,
including architectural or engineering fees
,
due diligence costs, hard and soft construction costs,

paid or incurred in connection with the project
and
expenses incurred
and
architectural and engineering fees and due diligence costs incurred

before
the date the project is certified by the
tax
credit authority
director
of development
under
division (C) of this section.
In
the case of a certified transformational mixed use development
project that is part of a larger contiguous project that is planned
to be completed in phases, "development costs" include only
expenditures associated with the portion of the project that is
certified by the tax credit authority and do not include expenditures
incurred for other phases of the project.

(2)
(3)

"Owner"
"Property
owner"

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

(3)
(4)

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

(a)
Will have a transformational economic impact on the
development

project

site

and
the surrounding area
;

(b)
Integrates
some
combination of retail, office, residential, recreation, structured
parking, and other similar uses into one mixed use development; and

at
least two of the following uses into one mixed use development:

(i)
Office;

(ii)
Residential;

(iii)
Retail, which may include restaurant space;

(iv)
Hotel and hospitality;

(v)
Recreation.

(c)
Satisfies one of the following criteria:

(i)
If the
development

project

site
is located within ten miles of a major city, the project includes at
least one new or previously vacant building that is fifteen or more
stories in height or has a floor area of at least three hundred fifty
thousand square feet, or after completion will be the site of
employment accounting for at least
four

five

million
dollars in annual payroll, or includes two or more buildings that are
connected to each other, are located on the same parcel or on
contiguous parcels, and that collectively have a floor area of at
least three hundred fifty thousand square feet;

(ii)
If the
development

project

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

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

"Transformational
mixed use development" may include a portion of a larger
contiguous project that is planned to be completed in phases as long
as the phases collectively meet the criteria described in division
(A)(3) of this section.

(4)
(5)

"Increase in tax collections" means the difference, if
positive, of the amount of state and local taxes
estimated
to be
derived
from economic activity occurring within the
development

project

site

and
the surrounding area
,
but excluding any other phases of the development project for
developments completed in phases,

during
a

the
completion
period

of
time
minus
the amount of such taxes that are estimated to be derived from such
economic activity in that site
and
surrounding area
during
the same period if the transformational mixed use
development

project
were not

certified
by the director of development and

completed.

(5)
(6)

"Completion period" means the time period beginning on the
day after a transformational mixed use development
project

is
certified by the
tax
credit authority
director
of development
and
ending on the fifth anniversary of the day the project is completed.

(6)
"Insurance company" means a person subject to the tax
imposed under section 5725.18 or 5729.03 of the Revised Code.

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

a
debt instrument
,
or no consideration
.

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

(9)

"Tax
credit authority" means the tax credit authority created under
section 122.17 of the Revised Code.

(10)
"Adjusted development costs" means the development costs
attributed to a complete transformational mixed use development
project minus the sum of the capital contributions of any insurance
companies that are preliminarily approved for a tax credit in
connection with the same project.

(11)
A "property owner's share" of the increase in tax
collections equals the product obtained by multiplying the total
increase in tax collections since the date the transformational mixed
use development project was certified by a fraction, the numerator of
which is the adjusted development costs and the denominator of which
is the actual development costs attributed to the project.

(12)
An "insurance company's share" of the increase in tax
collections equals the product obtained by multiplying the total
increase in tax collections since the date the transformational mixed
use development project was certified by a fraction, the numerator of
which is the insurance company's capital contribution to the project
and the denominator of which is the actual development costs
attributed to the project
"Project
site" means the land, and improvements thereon, upon which a
transformational mixed use development will be constructed, which
consists of a single parcel or multiple parcels that are contiguous
with one another, including parcels separated only by a publicly
dedicated road
.

(B)
The
property

owner
of one or more parcels of land in this state within which a
transformational mixed use development

project

is planned
or
an insurance company that contributes capital to be used in the
planning or construction of such a development
may
apply to the
tax
credit authority
director
of development
for
certification of the development
project

and
preliminary approval of a tax credit

in
an amount up to ten per cent of the estimated eligible expenditures
.
Each application shall be filed in the form and manner prescribed by
the director
of
development
and
shall, at minimum, include a development plan comprised of all of the
following information:

(1)
The location of the
development

project

site
and an indication of whether it is located within ten miles of a
major city;

(2)
A detailed description of the proposed transformational mixed use
development

project

including site plans,

elevations,

construction drawings, architectural renderings, or other means
sufficient to convey the appearance, size, purposes, capacity, and
scope of the project

and,
if applicable, previously completed and future phases of the project
;

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

and
that designates a source of financing or a strategy for obtaining
financing
;

(4)

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

(5)

An
estimated schedule for the progression and completion of the project

including,
if applicable, previously completed and future phases of the project
;

(5)
(6)

An assessment of the projected
newly
created
economic
impact of
and
from
the
project
on

based
upon the projected increase in tax collections during the completion
period at
the

development

project

site

and
the surrounding area
,
excluding economic activity existing at the time of or before
certification of the development project and preliminary approval of
a tax credit, prepared by an economic impact consultant with
experience performing economic impact studies in Ohio and reviewed by
an independent third party reviewer retained by the director of
development to ensure accuracy, uniformity, consistency, and
fairness
;

(6)
(7)

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

(7)
If the
(8)
The portion of any tax credit issued that the
applicant

is

would
like issued to the property owner or to
an
insurance company

that
is not the property owner, the amount of the insurance company's
,
financial institution, or other person based upon
capital

contribution

contributions
that have been made or will be made
to
the
development
and the date on which it was or will be made
project
;

(8)
(9)

Evidence that

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

(C)(1)
In determining whether to certify a project that is the subject of an
application submitted under division (B) of this section, the
tax
credit authority
director
of development
shall
consider the potential impact of the transformational mixed use
development on the
development

project

site

and
the surrounding area
in
terms of architecture, accessibility to pedestrians, retail
entertainment and dining sales, job creation,
property
values, connectivity,
and
revenue from sales, income, lodging, and property taxes. The
tax
credit authority
director

shall
not certify a project unless it satisfies the following conditions:

(a)
The project qualifies as a transformational mixed use development

project

and
satisfies all other criteria prescribed by this section or by rule of
the director

of
development
;

(b)
The estimated increase in tax collections
from
the project site
during
the completion period exceeds ten per cent of the estimated

development
costs
eligible
expenditures
for
the project reported under division (B)(3) of this section;

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

will
not be completed
unless
the applicant receives the credit;

(d)
If the
development

project

site
is located within ten miles of a major city, the estimated

development
costs
eligible
expenditures
to
complete the project
plus,
if applicable, the estimated expenditures that have been or will be
incurred to complete all other contiguous phases of the project,

exceed fifty million dollars.

In
making
its

a

determination
of whether or not to approve an application, the
tax
credit authority
director

may
conduct an interview of the applicant.

(2)
If the
tax
credit authority
director
of development
approves
an application, the
authority

director

shall
issue a statement certifying the associated transformational mixed
use development project and preliminarily approving a tax credit. The
statement shall stipulate that
receipt

issuance

of
a tax credit certificate is contingent upon completion of the
transformational mixed use development
project

as
described in the development plan

for
the project
.
The statement shall specify the estimated amount of the tax credit

preliminarily
approved and the amount of credit preliminarily approved for each
person identified in the application pursuant to division (B)(8) of
this section
,
but state that the amount of the credit is dependent upon
determination of the actual
development
costs
eligible
expenditures

attributed to the project

and,
unless the tax credit authority grants a request by the property
owner under division (F) of this section, of the increase in tax
collections during the completion period
.

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

(3)

Except
as otherwise provided in this division, if the applicant is an
insurance company that is not the property owner, the estimated
amount of the tax credit shall equal ten per cent of the insurance
company's capital contribution to the project as reported in the
development plan pursuant to division (B)(7) of this section. Except
as otherwise provided in this division, if the applicant is the
property owner, the
The
total
estimated
amount of the tax credit shall equal
up
to
ten
per cent of the estimated
development
costs
eligible
expenditures
for
the project as reported in the

project

development plan pursuant to division
(B)(3)
(B)

of this section

minus
any estimated credit amounts that have been preliminarily approved
for insurance companies contributing capital to the project
.
The estimated credit amounts may be reduced by the
tax
credit authority
director
of development
as
a condition of certifying the project if such a reduction is
necessary to comply with the limitations on the amount of credits
that may be preliminarily approved as prescribed by division (C)(5)
of this section. The estimated credit amounts shall not be adjusted
after the statement described in division (C)(2) of this section has
been issued
,
except as provided by division (G) of this section
.

(4)
If the
tax
credit authority
director
of development
denies
an application, the
authority

director

shall
notify the applicant of the reason or reasons for such determination.
The
authority's

director's

determination
is final, but an applicant may revise and resubmit a previously
denied application

in
a future year
.

(5)(a)

The
tax credit authority shall not certify any transformational mixed use
development projects after June 30, 2025.

(b)

The

tax
credit authority
director
of development
may
not preliminarily approve more than one hundred
twenty-five

million
dollars of
new

estimated
tax credits in each of fiscal years
2022,
2023, 2024, and 2025
2026
and 2027
.

The
director shall not preliminarily approve any dollar amount of new
estimated tax credits under this section in any fiscal year after
fiscal year 2027 unless specifically authorized by an act of the
general assembly.

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

(c)
Not
(b)
Except as provided in division (C)(6) of this section, not
more
than
eighty

eighty-five

million
dollars of estimated
new

tax
credits

in
each such
,
plus an amount equal to two-thirds of any credits for which
preliminary approval was rescinded in the preceding
fiscal
year
,

may be preliminarily approved in connection with projects that are
located within ten miles of a major city

in
the current fiscal year
.

(d)
(c)

Not more than
forty

twenty

million
dollars of estimated tax credits may be preliminarily approved in
connection with the same transformational mixed use development
project.

(6)
If
,
for the current fiscal year,

the dollar amount of tax credits applied for under division (B) of
this section in connection with projects that are
not

located
within ten miles of a major city exceeds
eighty

forty

million
dollars

for
a fiscal year
,

plus
an amount equal to one-third of any credits for which preliminary
approval was rescinded in the preceding fiscal year,
the

tax
credit authority
director
of development
shall
rank those applications and certify

and
preliminarily approve tax credits for

the associated projects in order,
starting
with the project that presents the best combination of economic value
and transformational impact
pursuant
to division (C)(7) of this section
.

If
the dollar amount of tax credits applied for under division (B) of
this section in connection with such projects is less than that
amount, the difference shall be available for projects within ten
miles of a major city.

If
,
for the current fiscal year,

the dollar amount of tax credits applied for in connection with
projects
not

located
within ten miles of a major city exceeds
twenty
million dollars for a fiscal year
eighty-five
million dollars
,

plus
an amount equal to two-thirds of any credits for which preliminary
approval was rescinded in the previous fiscal year and the amount of
funds initially reserved for projects more than ten miles from a
major city but unawarded to such projects,

the
tax
credit authority
director

shall
rank those applications and certify the associated projects in order,

starting
with the project that presents the best combination of economic value
and transformational impact
pursuant
to division (C)(7) of this section
.

In
either case, the authority shall consider the following factors in
ranking the applications:

(a)
The projected increase in tax collections during the completion
period as a percentage of the total amount of estimated tax credits
that would be preliminarily approved in connection with the project;

(b)
The economic impact of the project on the development site and the
surrounding area and the impact of the project in terms of
architecture, accessibility to pedestrians, retail entertainment and
dining sales, job creation, property values, and connectivity;

(c)
The expeditiousness of the schedule for completing the project,
realizing the increase in tax collections, and attaining the economic
and other impacts on the development site and the surrounding area.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(D)
Within twelve months of the date a project is certified, the property
owner shall provide the
tax
credit authority
director
of development
with
an updated schedule for the progression and completion of the project
and documentation sufficient to demonstrate that construction of the
project has begun. If the property owner does not provide the
schedule and documentation or if construction of the project has not
begun within the time prescribed by this division, the
tax
credit authority
director

shall
rescind certification of the project and send notice of the
rescission to the property owner

and
each insurance company that is preliminarily approved for a tax
credit in connection with the project
.
A property owner that receives notice of rescission may submit a new
application concerning the same project under division (B) of this
section.

(E)
An applicant that
is
the property owner and
is
preliminarily approved for a tax credit under this section may sell
or transfer the rights to
all
or a portion of
that
credit to one or more persons

for
the purpose of raising capital for the certified project
.

The
applicant shall notify the tax credit authority upon selling or
transferring the rights to the credit. The notice shall identify the
person or persons to which the credit was sold or transferred and the
credit amount sold or transferred to each such person. Only an
applicant that owns the property may sell or transfer a credit under
this division.

A credit may be divided among multiple purchasers through more than
one transaction

but
once a particular credit amount is acquired by a person other than
the applicant it may not be sold or transferred again
and
any person to whom the right to claim all or a portion of a credit
was transferred may transfer that right, in whole or in part, to
another person
.

(F)
After a transformational mixed use development project is certified
and before it is completed, the property owner may request that the
value of the tax credit certificates awarded in connection with the
project be computed using the alternative method described in
division (I) of this section. The tax credit authority shall grant
the request if the authority determines, and a third party engaged by
the authority at the expense of the property owner affirms, that it
is reasonably certain that the increase in tax collections will
exceed ten per cent of the estimated development costs within one
year after the project is completed. Otherwise, the authority shall
deny the request and the amount of each credit awarded in connection
with the project shall be computed under division (H) of this
section. The authority's determination under this division shall be
delivered in writing and is final and not appealable.

(G)(1)
(F)(1)

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

(2)
Upon receiving such a notice,
unless
the tax credit authority has previously granted a request by the
property owner under division (F) of this section, the authority
shall determine the increase in tax collections since the date the
project was certified by consulting with the tax commissioner and
with the tax administrator of any municipal corporation that levies
an income tax within the project site and the surrounding area. The
tax commissioner and the tax administrators that are consulted
pursuant to this division shall provide the tax credit authority with
any information that is necessary to determine the increase in tax
collections.

(3)
After determining the increase in tax collections under division
(G)(2) of this section, if required, and computing the value of the
tax credit under division (H) or (I) of this section, as applicable,

the

tax
credit authority
director
of development
shall
issue a tax credit certificate to each applicant
,
or other person identified in the application pursuant to division
(B)(8) of this section,

that is preliminarily approved for a credit associated with the
project

or
to the person or persons to which such an applicant sold or
transferred the rights to the credit under division (E) of this
section. If the amount of the tax credit awarded to the property
owner is less than the credit amount estimated under division (C) of
this section and the property owner sold or transferred the rights to
the credit, the tax credit authority shall reduce the amount of each
tax credit certificate issued to each purchaser or recipient on a pro
rata basis unless the property owner requests an alternative
allocation of the credit
.

(H)(1)
Unless the tax credit authority granted a request by the property
owner under division (F) of this section, the aggregate value of the
tax credit certificates issued under division (G) of this section to
the property owner and to any persons to whom the property owner sold
or transferred the rights to the credit shall equal the lesser of the
following:

(a)
Ten per cent of the adjusted development costs;

(b)
Five per cent of the adjusted development costs plus any amount by
which the property owner's share of the increase in tax collections
since the date the project was certified exceeds five per cent of the
adjusted development costs;

(c)
The estimated credit amount specified in the tax credit authority's
statement certifying the project and preliminarily approving the tax
credit under division (C) of this section.

(2)
The value of a tax credit certificate issued under division (G) of
this section to an insurance company that contributed capital to the
project shall equal the lesser of the following:

(a)
Ten per cent of the insurance company's actual capital contribution;

(b)
Five per cent of such capital contribution plus any amount by which
the insurance company's share of the increase in tax collections
since the date the project was certified exceeds five per cent of the
insurance company's capital contribution;

(c)
The estimated credit amount specified in the tax credit authority's
statement certifying the project and preliminarily approving the tax
credit under division (C) of this section.

(I)
If the tax credit authority granted a request by the property owner
under division (F) of this section, the
(G)
The
value
of the tax credit certificates issued in connection with the
transformational mixed use development project shall be computed as

follows:

(1)
For the property owner or any person to which the property owner sold
or transferred the rights to the credit,

the
lesser of the amount preliminarily approved for the tax credit or
ten
per cent of the actual
development
costs
eligible
expenditures
attributed
to the project
.
If the amount of the credit is less than the credit amount estimated
under division (C) of this section and the property owner sold or
transferred the rights to the credit to more than one person, the
authority shall reduce the amount of each tax credit certificate on a
pro rata basis unless the property owner requests an alternative
allocation of the credit.

(2)
For an insurance company that contributed capital to the project, ten
per cent of the insurance company's actual capital contribution.

(J)
If the value of a tax credit certificate was computed under division
(H) of this section for a project, the property owner, on or before
the thirtieth day following the first, second, third, fourth, and
fifth anniversaries of the date the certified transformational mixed
use development project is completed, may request in writing that the
tax credit authority update the increase in tax collections during
the completion period. Upon receiving such a request, the tax credit
authority shall update the increase in tax collections in the same
manner described by division (G) of this section. If the tax credit
authority determines that the value of the tax credit certificates
computed under division (H) of this section would be greater if
computed based on the updated increase in tax collections, the
authority shall issue an additional tax credit certificate to each
person that previously received a certificate for the project under
those divisions. The value of each additional tax credit certificate
shall equal the amount by which the tax credit certificate computed
under division (H) of this section upon completion of the project
would have been greater had the value of such certificate been
computed based on the updated increase in tax collections, less the
value of any additional tax credit certificates previously issued
under this division to the same person respecting the same project.

(K)
(H)

The aggregate value of all tax credit certificates issued under this
section for the same transformational mixed use development project
shall not exceed (1) ten per cent of the actual
development
costs
eligible
expenditures
of
that project or (2) the
sum
of all
estimated
credit
amounts

amount

preliminarily
approved by the
tax
credit authority
director
of development
in
connection with the project.

(L)
(I)

Issuance of a tax credit certificate under this section does not
represent a verification or certification by the
tax
credit authority
director
of development
of
the actual
development
costs
eligible
expenditures
of
the project

or
the capital contributions to the project by an insurance company
.
Such amounts are subject to inspection and examination by
the
superintendent of insurance
other
state agencies
.

(M)
(J)

Upon the issuance of a tax credit certificate under
division
(G) or (J) of
this
section, the
tax
credit authority
director
of development
shall
certify to the superintendent of insurance

and
the tax commissioner

(1) the name of each person that was issued a tax credit certificate,
(2)
whether
the person is the property owner, an insurance company that
contributed capital to the development, or a person that acquired the
rights to the tax credit certificate from the property owner, (3)

the credit amount shown on each tax credit certificate, and
(4)
(3)

any other information required by the rules adopted under this
section. A person that holds the rights to a tax credit certificate
issued under this section
and
that is an insurance company
may
claim a tax credit under section 5725.35

or

,
5726.62,
5729.18
,
or 5747.87

of the Revised Code
,
subject to any limitations in those sections
.

(N)
(K)

The
tax
credit authority
director
of development
shall
publish information about each transformational mixed use development
on the web site of the department of development not later than the
first day of August following certification of the project. The
tax
credit authority
director

shall
update the published information annually until the project is
complete and the credit or credits are fully claimed. The published
information shall include all of the following:

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

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

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

(4)
The evidence supporting the estimated increase in tax collections
included in the development plan pursuant to division (B)(6) of this
section, except that the
tax
credit authority
director

may
omit any proprietary or sensitive information included in such
evidence;

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

and,
if applicable, the amount of the insurance company's capital
contribution to the development and the date on which it was made, as
reported in the development plan pursuant to divisions (B)(3) and (7)
of this section
;

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

(O)
(L)

The director

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

(1)
Forms and procedures by which applicants may apply for a
transformational
investment

mixed
use development
tax
credit, and any deadlines for applying;

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

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

(4)
The form of the tax credit certificate;

(5)
Reporting requirements and monitoring procedures;

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

(7)

Forms
and procedures by which property owners may request the alternative
method of computing the value of tax credit certificates under
division (I) of this section that are awarded in connection with a
project and criteria for evaluating and making a determination on
such requests;

(8)

Any
other rules necessary to implement and administer this section.

Sec.
122.14.
(A)

As
used in this section, "professional sports facility" has
the same meaning as in section 5516.01 of the Revised Code.

(B)

There is hereby created in the state treasury the roadwork
development fund. The fund shall consist of the investment earnings
of the security deposit fund created by section 4509.27 of the
Revised Code and revenue transferred to it by the director of budget
and management from the highway operating fund created in section
5735.051 of the Revised Code. The fund shall be used by the

department
of
development

services
agency
in
accordance with Section 5a of Article XII, Ohio Constitution, to make
road improvements associated with retaining or attracting business
for this state, including both of the following:

(1)
Construction, reconstruction, maintenance, or repair of public roads
that provide access to a public airport or are located within a
public airport;

(2)
Construction, reconstruction, maintenance, or repair of public roads

and
the associated improvements
that
provide or improve access to tourism attractions

or
professional sports facilities
.

(B)
(C)
Tourism attractions or professional sports facilities may use funds
received from the department of development, in accordance with this
section, to make improvements associated with the retail and
residential components of the total development of which they are a
part.

(D)

All investment earnings of the fund shall be credited to the fund.

Sec.
122.175.
(A)
As used in this section:

(1)
"Capital investment project" means a plan of investment at
a project site for the acquisition, construction, renovation,
expansion, replacement, or repair of a computer data center or of
computer data center equipment, but does not include any of the
following:

(a)
Project costs paid before a date determined by the tax credit
authority for each capital investment project;

(b)
Payments made to a related member as defined in section 5733.042 of
the Revised Code or to a consolidated elected taxpayer or a combined
taxpayer as defined in section 5751.01 of the Revised Code.

(2)
"Computer data center" means a facility used or to be used
primarily to house computer data center equipment used or to be used
in conducting one or more computer data center businesses, as
determined by the tax credit authority.

(3)
"Computer data center business" means, as may be further
determined by the tax credit authority, a business that provides
electronic information services as defined in division (Y)(1)(c) of
section 5739.01 of the Revised Code, or that leases a facility to one
or more such businesses. "Computer data center business"
does not include providing electronic publishing as defined in that
section.

(4)
"Computer data center equipment" means tangible personal
property used or to be used for any of the following:

(a)
To conduct a computer data center business, including equipment
cooling systems to manage the performance of computer data center
equipment;

(b)
To generate, transform, transmit, distribute, or manage electricity
necessary to operate the tangible personal property used or to be
used in conducting a computer data center business;

(c)
As building and construction materials sold to construction
contractors for incorporation into a computer data center.

(5)
"Eligible computer data center" means a computer data
center that satisfies all of the following requirements:

(a)
One or more taxpayers operating a computer data center business at
the project site will, in the aggregate, make payments for a capital
investment project of at least one hundred million dollars at the
project site during one of the following cumulative periods:

(i)
For projects beginning in 2013, six consecutive calendar years;

(ii)
For projects beginning in 2014, four consecutive calendar years;

(iii)
For projects beginning in or after 2015, three consecutive calendar
years.

(b)
One or more taxpayers operating a computer data center business at
the project site will, in the aggregate, pay annual compensation that
is subject to the withholding obligation imposed under section
5747.06 of the Revised Code of at least one million five hundred
thousand dollars to employees employed at the project site for each
year of the agreement beginning on or after the first day of the
twenty-fifth month after the agreement was entered into under this
section.

(6)
"Person" has the same meaning as in section 5701.01 of the
Revised Code.

(7)
"Project site," "related member," and "tax
credit authority" have the same meanings as in sections 122.17
and 122.171 of the Revised Code.

(8)
"Taxpayer" means any person subject to the taxes imposed
under Chapters 5739. and 5741. of the Revised Code.

(B)
The tax credit authority may completely or partially exempt from the
taxes levied under Chapters 5739. and 5741. of the Revised Code the
sale, storage, use, or other consumption of computer data center
equipment used or to be used at an eligible computer data center. Any
such exemption shall extend to charges for the delivery,
installation, or repair of the computer data center equipment subject
to the exemption under this section.

(C)
A taxpayer that proposes a capital improvement project for an
eligible computer data center in this state may apply to the tax
credit authority to enter into an agreement under this section
authorizing a complete or partial exemption from the taxes imposed
under Chapters 5739. and 5741. of the Revised Code on computer data
center equipment purchased by the applicant or any other taxpayer
that operates a computer data center business at the project site and
used or to be used at the eligible computer data center. The director
of development
services

shall
prescribe the form of the application. After receipt of an
application, the authority shall forward copies of the application to

the
director of budget and management and
the
tax commissioner,
each
of whom
who

shall
review the application to determine the economic impact that the
proposed eligible computer data center would have on the state and
any affected political subdivisions and submit to the authority a
summary of their determinations. The authority shall also forward a
copy of the application to the director of development
services

who
shall review the application to determine the economic impact that
the proposed eligible computer data center would have on the state
and the affected political subdivisions and shall submit a summary of
their determinations and recommendations to the authority.

(D)
Upon review and consideration of such determinations and
recommendations, the tax credit authority
,
before October 1, 2025,
may
enter into an agreement with the applicant and any other taxpayer
that operates a computer data center business at the project site for
a complete or partial exemption from the taxes imposed under Chapters
5739. and 5741. of the Revised Code on computer data center equipment
used or to be used at an eligible computer data center if the
authority determines all of the following:

(1)
The capital investment project for the eligible computer data center
will increase payroll and the amount of income taxes to be withheld
from employee compensation pursuant to section 5747.06 of the Revised
Code.

(2)
The applicant is economically sound and has the ability to complete
or effect the completion of the proposed capital investment project.

(3)
The applicant intends to and has the ability to maintain operations
at the project site for the term of the agreement.

(4)
Receiving the exemption is a major factor in the applicant's decision
to begin, continue with, or complete the capital investment project.

(E)
An agreement entered into under this section shall include all of the
following:

(1)
A detailed description of the capital investment project that is the
subject of the agreement, including the amount of the investment, the
period over which the investment has been or is being made, the
annual compensation to be paid by each taxpayer subject to the
agreement to its employees at the project site, and the anticipated
amount of income taxes to be withheld from employee compensation
pursuant to section 5747.06 of the Revised Code.

(2)
The percentage of the exemption from the taxes imposed under Chapters
5739. and 5741. of the Revised Code for the computer data center
equipment used or to be used at the eligible computer data center,
the length of time the computer data center equipment will be
exempted, and the first date on which the exemption applies.

(3)
A requirement that the computer data center remain an eligible
computer data center during the term of the agreement and that the
applicant maintain operations at the eligible computer data center
during that term. An applicant does not violate the requirement
described in division (E)(3) of this section if the applicant ceases
operations at the eligible computer data center during the term of
the agreement but resumes those operations within eighteen months
after the date of cessation. The agreement shall provide that, in
such a case, the applicant and any other taxpayer that operates a
computer data center business at the project site shall not claim the
tax exemption authorized in the agreement for any purchase of
computer data center equipment made during the period in which the
applicant did not maintain operations at the eligible computer data
center.

(4)
A requirement that, for each year of the term of the agreement
beginning on or after the first day of the twenty-fifth month after
the date the agreement was entered into, one or more taxpayers
operating a computer data center business at the project site will,
in the aggregate, pay annual compensation that is subject to the
withholding obligation imposed under section 5747.06 of the Revised
Code of at least one million five hundred thousand dollars to
employees at the eligible computer data center.

(5)
A requirement that each taxpayer subject to the agreement annually
report to the director of development
services

employment,
tax withholding, capital investment, and other information required
by the director to perform the director's duties under this section.

(6)
A requirement that the director of development
services

annually
review the annual reports of each taxpayer subject to the agreement
to verify the information reported under division (E)(5) of this
section and compliance with the agreement. Upon verification, the
director shall issue a certificate to each such taxpayer stating that
the information has been verified and that the taxpayer remains
eligible for the exemption specified in the agreement.

(7)
A provision providing that the taxpayers subject to the agreement may
not relocate a substantial number of employment positions from
elsewhere in this state to the project site unless the director of
development
services

determines
that the appropriate taxpayer notified the legislative authority of
the county, township, or municipal corporation from which the
employment positions would be relocated. For purposes of this
paragraph, the movement of an employment position from one political
subdivision to another political subdivision shall be considered a
relocation of an employment position unless the movement is confined
to the project site. The transfer of an employment position from one
political subdivision to another political subdivision shall not be
considered a relocation of an employment position if the employment
position in the first political subdivision is replaced by another
employment position.

(8)
A waiver by each taxpayer subject to the agreement of any limitations
periods relating to assessments or adjustments resulting from the
taxpayer's failure to comply with the agreement.

(F)
The term of an agreement under this section shall be determined by
the tax credit authority, and the amount of the exemption shall not
exceed one hundred per cent of such taxes that would otherwise be
owed in respect to the exempted computer data center equipment.

(G)
If any taxpayer subject to an agreement under this section fails to
meet or comply with any condition or requirement set forth in the
agreement, the tax credit authority may amend the agreement to reduce
the percentage of the exemption or term during which the exemption
applies to the computer data center equipment used or to be used by
the noncompliant taxpayer at an eligible computer data center. The
reduction of the percentage or term may take effect in the current
calendar year.

(H)
Financial statements and other information submitted to the
department of development
services

or
the tax credit authority by an applicant for or recipient of an
exemption under this section, and any information taken for any
purpose from such statements or information, are not public records
subject to section 149.43 of the Revised Code. However, the
chairperson of the authority may make use of the statements and other
information for purposes of issuing public reports or in connection
with court proceedings concerning tax exemption agreements under this
section. Upon the request of the tax commissioner, the chairperson of
the authority shall provide to the tax commissioner any statement or
other information submitted by an applicant for or recipient of an
exemption under this section. The tax commissioner shall preserve the
confidentiality of the statement or other information.

(I)
The tax commissioner shall issue a direct payment permit under
section 5739.031 of the Revised Code to each taxpayer subject to an
agreement under this section. Such direct payment permit shall
authorize the taxpayer to pay any sales and use taxes due on
purchases of computer data center equipment used or to be used in an
eligible computer data center and to pay any sales and use taxes due
on purchases of tangible personal property or taxable services other
than computer data center equipment used or to be used in an eligible
computer data center directly to the tax commissioner. Each such
taxpayer shall pay pursuant to such direct payment permit all sales
tax levied on such purchases under sections 5739.02, 5739.021,
5739.023, and 5739.026 of the Revised Code and all use tax levied on
such purchases under sections 5741.02, 5741.021, 5741.022, and
5741.023 of the Revised Code, consistent with the terms of the
agreement entered into under this section.

During
the term of an agreement under this section each taxpayer subject to
the agreement shall submit to the tax commissioner a return that
shows the amount of computer data center equipment purchased for use
at the eligible computer data center, the amount of tangible personal
property and taxable services other than computer data center
equipment purchased for use at the eligible computer data center, the
amount of tax under Chapter 5739. or 5741. of the Revised Code that
would be due in the absence of the agreement under this section, the
exemption percentage for computer data center equipment specified in
the agreement, and the amount of tax due under Chapter 5739. or 5741.
of the Revised Code as a result of the agreement under this section.
Each such taxpayer shall pay the tax shown on the return to be due in
the manner and at the times as may be further prescribed by the tax
commissioner. Each such taxpayer shall include a copy of the director
of
development
services'
development's

certificate
of verification issued under division (E)(6) of this section. Failure
to submit a copy of the certificate with the return does not
invalidate the claim for exemption if the taxpayer submits a copy of
the certificate to the tax commissioner within the time prescribed by
section 5703.0510 of the Revised Code.

(J)
If the director of development
services

determines
that one or more taxpayers received an exemption from taxes due on
the purchase of computer data center equipment purchased for use at a
computer data center that no longer complies with the requirement
under division (E)(3) of this section, the director shall notify the
tax credit authority and, if applicable, the taxpayer that applied to
enter the agreement for the exemption under division (C) of this
section of the noncompliance. After receiving such a notice, and
after giving each taxpayer subject to the agreement an opportunity to
explain the noncompliance, the authority may terminate the agreement
and require each such taxpayer to pay to the state all or a portion
of the taxes that would have been owed in regards to the exempt
equipment in previous years, all as determined under rules adopted
pursuant to division (K) of this section. In determining the portion
of the taxes that would have been owed on the previously exempted
equipment to be paid to this state by a taxpayer, the authority shall
consider the effect of market conditions on the eligible computer
data center, whether the taxpayer continues to maintain other
operations in this state, and, with respect to agreements involving
multiple taxpayers, the taxpayer's level of responsibility for the
noncompliance. After making the determination, the authority shall
certify to the tax commissioner the amount to be paid by each
taxpayer subject to the agreement. The tax commissioner shall make an
assessment for that amount against each such taxpayer under Chapter
5739. or 5741. of the Revised Code. The time limitations on
assessments under those chapters do not apply to an assessment under
this division, but the tax commissioner shall make the assessment
within one year after the date the authority certifies to the tax
commissioner the amount to be paid by the taxpayer.

(K)
The director of development

services
,
after consultation with the tax commissioner and in accordance with
Chapter 119. of the Revised Code, shall adopt rules necessary to
implement this section. The rules may provide for recipients of tax
exemptions under this section to be charged fees to cover
administrative costs incurred in the administration of this section.
The fees collected shall be credited to the tax incentives operating
fund created in section 122.174 of the Revised Code. At the time the
director gives public notice under division (A) of section 119.03 of
the Revised Code of the adoption of the rules, the director shall
submit copies of the proposed rules to the chairpersons of the
standing committees on economic development in the senate and the
house of representatives.

(L)
On or before the first day of August of each year, the director of
development
services

shall
submit a report to the governor, the president of the senate, and the
speaker of the house of representatives on the tax exemption
authorized under this section. The report shall include information
on the number of agreements that were entered into under this section
during the preceding calendar year, a description of the eligible
computer data center that is the subject of each such agreement, and
an update on the status of eligible computer data centers under
agreements entered into before the preceding calendar year.

(M)
A taxpayer may be made a party to an existing agreement entered into
under this section by the tax credit authority and another taxpayer
or group of taxpayers. In such a case, the taxpayer shall be entitled
to all benefits and bound by all obligations contained in the
agreement and all requirements described in this section. When an
agreement includes multiple taxpayers, each taxpayer shall be
entitled to a direct payment permit as authorized in division (I) of
this section.

Sec.
122.1710.
(A)
As used in this section:

(1)
"Low-income individual" has the same meaning as "low-income
person" in section
122.66

5101.311

of
the Revised Code.

(2)
"Microcredential" has the same meaning as in section
122.178 of the Revised Code.

(3)
"OhioMeansJobs web site" has the same meaning as in section
6301.01 of the Revised Code.

(4)
"Partially unemployed" and "totally unemployed"
have the same meanings as in section 4141.01 of the Revised Code.

(5)
"Training provider" means all of the following:

(a)
A state institution of higher education as defined in section
3345.011 of the Revised Code;

(b)
An Ohio technical center as defined in section 3333.94 of the Revised
Code;

(c)
A private business or institution that offers training to allow an
individual to earn one or more microcredentials.

(6)
"Fiscal year" means the fiscal year of this state as
specified in section 9.34 of the Revised Code.

(B)
There is hereby created the individual microcredential assistance
program to reimburse training providers for training costs for
individuals to earn a microcredential. The department of development,
in consultation with the governor's office of workforce
transformation, shall administer the program.
The
director shall administer the program so that the total reimbursement
to each training provider approved to participate in the program
occurs at least once per fiscal year.

(C)
A training provider seeking to participate in the program shall
submit an application to the director of development

at
the beginning or before the beginning of a fiscal year, but not later
than the date established by the director
.
The training provider shall include in the application all of the
following information:

(1)
The number of microcredentials the training provider will seek a
reimbursement for and the names of the microcredentials;

(2)
The cost of the training for each microcredential;

(3)
The total amount of the reimbursement the training provider will
seek;

(4)
The training provider's plan to provide opportunities for individuals
who are low income, partially unemployed, or totally unemployed to
participate in a training program and receive a microcredential;

(5)
Any other information the director requires.

(D)(1)
The director shall consider the following factors in determining
whether to approve an application submitted under division (C) of
this section:

(a)
The duration of the training program;

(b)
The cost of the training;

(c)
Whether approving an application will promote regional diversity in
apportioning reimbursements uniformly across the state;

(d)
The training provider's commitment to providing opportunities for
individuals who are low income, partially unemployed, or totally
unemployed to participate in a training program and receive a
microcredential.

(2)
In determining regional diversity under division (D)(1)(c) of this
section, the director shall use the regions established under
division (G) of section 122.178 of the Revised Code.

(3)
The director shall not approve an application submitted under this
section if either of the following apply:

(a)
The microcredentials identified in the application are not included
in the list the chancellor of higher education establishes under
section 122.178 of the Revised Code.

(b)
The training provider has violated Chapter 4111. of the Revised Code
within the four fiscal years immediately preceding the date of
application.

(4)
The director shall notify a training provider in writing of the
director's decision to approve or deny the training provider's
application to participate in the program.

(E)
A participating training provider shall not charge an individual
participating in a training program to earn a microcredential for
which the training provider is seeking a reimbursement for either of
the following:

(1)
Any costs associated with the individual's participation in the
training program;

(2)
Any costs to the training provider resulting from an individual not
completing the training program.

(F)(1)
Each participating training provider seeking reimbursement for
training costs for one or more microcredentials earned by one or more
individuals in a training program shall submit an application to the
director after the individual or individuals have earned a
microcredential. The training provider shall
submit
the reimbursement application during the fiscal year in which the
training provider applied under division (C) of this section, but not
later than the date established by the director. The training
provider shall
include
in the reimbursement application all of the following information:

(a)
The actual cost for the training provider to provide each individual
with the training;

(b)
Evidence that each individual earned a microcredential;

(c)
Any demographic information of each individual that the individual
provides to the training provider, including race and gender.

(2)
The amount of the reimbursement shall be not more than three thousand
dollars for each microcredential an individual receives. A
participating training provider may not receive a reimbursement for
any additional individual who earns a microcredential beyond the
number of microcredentials included in the application under division
(C) of this section. A participating training provider may receive a
total reimbursement of five hundred thousand dollars in a fiscal
year.
However,
each participating training provider that is a state institution of
higher education may receive a total reimbursement or advance payment
amount under section 122.1713 of the Revised Code of one million
dollars in a fiscal year.

(3)
A training provider may request that an individual participating in
the training provider's program provide demographic information to
the training provider, including race and gender. An individual is
not required to provide that information.

(G)
The director shall do
both

all

of
the following regarding the operation of the program:

(1)
Create an application to participate in the program and an
application for reimbursement;

(2)

Create
applications to participate in and seek advance payments under the
platinum provider programs established under sections 122.1712 and
122.1713 of the Revised Code;

(3)

Create
and distribute a survey to each individual who successfully earned a
microcredential because of a reimbursement to a training provider
under this section inquiring as to the individual's occupation and
wages at the time of completing the survey.

(H)
The director shall include on the internet web site maintained by the
department, and the governor's office of workforce transformation
shall include on the office's internet web site and the OhioMeansJobs
web site, all of the content created under division (G) of this
section.

(I)
The director may adopt rules in accordance with Chapter 119. of the
Revised Code as the director considers necessary to implement this
section

and
sections 122.1712 and 122.1713 of the Revised Code
,
including establishing priority guidelines for approving applications
under division (D) of this section.

(J)
Any personal information of an individual the director receives in
connection with the individual microcredential assistance program
created under this section is not a public record for purposes of
section 149.43 of the Revised Code. However, the director may use the
information as necessary to complete the reports required under
section 122.1711 of the Revised Code.

Sec.
122.1712.
(A)
As used in this section:

(1)
"Fiscal year" means the fiscal year of this state as
specified in section 9.34 of the Revised Code.

(2)
"Individual microcredential assistance program" means the
individual microcredential assistance program created under section
122.1710 of the Revised Code.

(3)
"Microcredential" has the same meaning as in section
122.178 of the Revised Code.

(4)
"Training provider" means all of the following:

(a)
An Ohio technical center as defined in section 3333.94 of the Revised
Code;

(b)
A private business or institution that offers training to allow an
individual to earn one or more microcredentials;

(c)
A state institution of higher education as defined in section
3345.011 of the Revised Code.

(B)
The director of development, in consultation with the governor's
office of workforce transformation, shall establish a platinum
provider program. A training provider that is approved to participate
in the individual microcredential assistance program and that meets
the requirements specified under this section is eligible to
participate in the platinum provider program. A training provider
approved to participate in the platinum provider program may receive
one or more advance payments to cover the training costs for
individuals to earn a microcredential under the individual
microcredential assistance program.

(C)
A training provider seeking to participate in the platinum provider
program shall apply to the director on a form prescribed by the
director after the training provider is approved to participate in
the individual microcredential assistance program. The training
provider shall include in the application all of the following
information:

(1)
The advance payment amount the training provider is seeking, not to
exceed twenty per cent of the total reimbursement amount the training
provider seeks under division (C) of section 122.1710 of the Revised
Code;

(2)
Evidence that at least eighty per cent of individuals who
participated in training programs offered by the training provider in
the previous fiscal year earned a microcredential under the
individual microcredential assistance program;

(3)
The number of microcredentials for which the training provider is
seeking an advance payment and the names of the microcredentials;

(4)
The cost of the training for each microcredential for which the
training provider is seeking an advance payment;

(5)
Proof that the training provider has obtained a surety bond that
meets the requirements of division (J) of this section.

(D)
The director shall notify a training provider in writing of the
director's decision to approve or deny an application the training
provider submits under division (C) of this section. If the director
approves the application, the director shall do both of the
following:

(1)
Designate the training provider as a platinum provider;

(2)
Provide an initial advance payment to the platinum provider in the
amount specified in the application but not exceeding any of the
amounts described under division (F) of this section.

(E)
After each training program that a platinum provider administers
during a fiscal year that results in at least one individual earning
a microcredential, the provider may apply for a subsequent advance
payment of not more than the least of the amounts described under
division (F) of this section. The provider shall include in the
application the same information as described under division (C) of
this section. If a provider applies for a subsequent advance payment
under this division, one of the following applies depending on the
training program's completion rate:

(1)
If at least eighty per cent of the individuals who participated in
the training program earned a microcredential, the director shall
provide a subsequent advance payment to the provider in the amount
specified in the application.

(2)
If less than eighty per cent of the individuals who participated in
the training program earned a microcredential, to be eligible for a
subsequent advance payment, the provider shall refund to the director
a certain per cent of the advance payment amount that was last
provided to the provider during the fiscal year as determined under
division (E)(2)(a) of this section.

(a)
The per cent a provider must refund to be eligible for a subsequent
advance payment under division (E)(2) of this section is the
difference between eighty per cent and the per cent of individuals
who earned a microcredential.

(b)
For a provider to whom division (E)(2) of this section applies, if
the provider complies with that division, the director shall provide
a subsequent advance payment to the provider in the amount specified
in the provider's application. If the provider does not comply with
that division, the director shall not provide a subsequent advance
payment.

(F)
In no case shall the director provide an advance payment under this
section that exceeds the least of the following amounts:

(1)
Twenty per cent of the total amount of reimbursement the platinum
provider seeks under division (C) of section 122.1710 of the Revised
Code;

(2)
The amount of the provider's surety bond required by division (J) of
this section, less any previous advance payment the provider is
required to refund to the director under division (G) of this
section, if the provider has not yet completed the refund;

(3)
One hundred thousand dollars.

(G)(1)
If the director approves a reimbursement application that a platinum
provider submits under division (F) of section 122.1710 of the
Revised Code, the director shall reimburse the platinum provider for
the total actual cost for the platinum provider to provide training
to individuals who earned a microcredential in accordance with that
division less the total advance payment amount provided to the
platinum provider under this section. The director shall not
reimburse the platinum provider for any amounts the platinum provider
refunded to the director under division (E)(2) of this section. If
the platinum provider specifies in the reimbursement application that
the total actual cost for the platinum provider to provide the
training is less than the total advance payment amount provided to
the platinum provider under this section, the platinum provider shall
refund to the director the difference between the advance payment
amount and the actual training cost.

(2)
If a platinum provider fails to apply for reimbursement under
division (F) of section 122.1710 of the Revised Code, the director
shall require the platinum provider to refund the total advance
payment amount provided to the platinum provider under this section.

(H)
If, at the time a platinum provider seeks reimbursement under
division (F) of section 122.1710 of the Revised Code, the director
determines that less than eighty per cent of individuals who
participated in training programs provided by the platinum provider
in the fiscal year earned a microcredential or that the platinum
provider has failed to maintain the bond required under division (J)
of this section, both of the following apply:

(1)
The director shall revoke the provider's status as a platinum
provider;

(2)
The provider is ineligible to participate in the platinum provider
program for the following fiscal year.

(I)
A training provider whose platinum status is revoked under division
(H) of this section may reapply to participate in the platinum
provider program in the fiscal year that follows the fiscal year in
which the training provider is ineligible to participate in the
program under that division.

(J)
A training provider that is certified as a platinum provider or that
seeks to participate in the platinum provider program shall maintain
a surety bond issued by a bonding company or an insurance company
licensed to do business in this state. The bond shall be in favor of
the director in an amount not less than the sum of the total advance
payments received by the provider for the fiscal year plus any
advance payments for previous fiscal years that the provider is
required to refund under division (G) of this section, if the
provider has not yet completed the refund. The provider shall
maintain the bond for so long as it participates in the program and
shall not allow it to expire or terminate until all of the provider's
obligations under division (G) of this section are fulfilled.

Sec.
122.1713.
(A)
As used in this section:

(1)
"Fiscal year" means the fiscal year of this state as
specified in section 9.34 of the Revised Code.

(2)
"Individual microcredential assistance program" means the
individual microcredential assistance program created under section
122.1710 of the Revised Code.

(3)
"Microcredential" has the same meaning as in section
122.178 of the Revised Code.

(4)
"State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.

(B)
The director of development, in consultation with the governor's
office of workforce transformation, shall establish an institutional
platinum provider program for state institutions of higher education
approved to participate in the individual microcredential assistance
program.

(C)
Each state institution of higher education shall do both of the
following:

(1)
Provide at least two in-person training programs and at least one
online training program for individuals to earn a microcredential;

(2)
Not later than the thirty-first day of December immediately after the
effective date of this section, and not later than the thirty-first
day of December of each year thereafter, apply to participate in the
individual microcredential assistance program.

(D)
If the director approves a state institution of higher education's
application to participate in the individual microcredential
assistance program, all of the following apply:

(1)
The director shall designate the institution as an institutional
platinum provider.

(2)
The institution may participate in the institutional platinum
provider program established under this section.

(3)
The institution is eligible to apply for one or more advance payments
under this section to cover training costs for individuals to earn a
microcredential.

(E)
An institutional platinum provider may apply for an initial advance
payment of not more than twenty per cent of the total reimbursement
amount the institution seeks under division (C) of section 122.1710
of the Revised Code. If an institution submits an application under
this division, the director shall provide an advance payment to the
institution in the amount specified in the application.

(F)
After each training program that an institutional platinum provider
administers during a fiscal year that results in at least one
individual earning a microcredential, the institution may apply for a
subsequent advance payment of not more than twenty per cent of the
total reimbursement amount the institution seeks under division (C)
of section 122.1710 of the Revised Code. If an institution applies
for a subsequent advance payment under this division, one of the
following applies depending on the training program's completion
rate:

(1)
If at least fifty per cent of the individuals who participated in the
training program earned a microcredential, the director shall provide
a subsequent advance payment to the institution in the amount
specified in the application.

(2)
If less than fifty per cent of the individuals who participated in
the training program earned a microcredential, to be eligible for a
subsequent advance payment, the institution shall refund to the
director a certain per cent of the advance payment amount that was
last provided to the institution during the fiscal year as determined
under division (F)(2)(a) of this section.

(a)
The per cent an institution must refund to be eligible for a
subsequent advance payment under division (F)(2) of this section is
the difference between fifty per cent and the per cent of individuals
who earned a microcredential.

(b)
For an institution to whom division (F)(2) of this section applies,
if the institution complies with that division, the director shall
provide a subsequent advance payment to the institution in the amount
specified in the institution's application. If the institution does
not comply with that division, the director shall not provide a
subsequent advance payment.

(G)
In no case shall the total amount of the advance payments an
institutional platinum provider receives under this section during
any fiscal year exceed the total reimbursement amount the institution
seeks under division (C) of section 122.1710 of the Revised Code.

(H)
If the director approves a reimbursement application that an
institutional platinum provider submits under division (F) of section
122.1710 of the Revised Code, the director shall reimburse the
institution in accordance with that division for the total actual
cost for the institution to provide training to individuals who
earned a microcredential less the total advance payment amount
provided to the institution under this section. The director shall
not reimburse the institution for any amounts the institution
refunded to the director under division (F)(2) of this section. If
the institution specifies in the reimbursement application that the
total actual cost for the institution to provide the training is less
than the total advance payment amount provided to the institution
under this section, the institution shall refund to the director the
difference between the advance payment amount and the actual training
cost.

Sec.
122.41.
The
director of development
services

is
invested with the powers and duties provided in Chapter 122. of the
Revised Code, in order to promote the welfare of the people of the
state, to stabilize the economy, to provide employment, to assist in
the development within the state of industrial, commercial,
distribution, and research activities required for the people of the
state, and for their gainful employment, or otherwise to create or
preserve jobs and employment opportunities, or improve the economic
welfare of the people of the state
,
and also to assist in the financing of air, water, or thermal
pollution control facilities and solid waste disposal facilities by
mortgage insurance as provided in section 122.451 of the Revised
Code
.
It is hereby determined that the accomplishment of such purposes is
essential so that the people of the state may maintain their present
high standards in comparison with the people of other states and so
that opportunities for employment and for favorable markets for the
products of the state's natural resources, agriculture, and
manufacturing shall be improved and that it is necessary for the
state to establish the programs authorized pursuant to Chapter 122.
of the Revised Code and invest the director of development
services

with
the powers and duties provided in Chapter 122. of the Revised Code.
The powers granted to the director by Chapter 165. of the Revised
Code are independent of and in addition and alternate to, and are not
limited or restricted by, Chapter 122. of the Revised Code.

Sec.
122.42.
(A)
The director of development shall do all of the following:

(1)
Receive applications for assistance under sections 122.39 and 122.41
to 122.62 of the Revised Code;

(2)
Make a final determination whether to approve the application for
assistance;

(3)
Transmit determinations to approve assistance to the controlling
board together with any information the controlling board requires
for the board's review and decision as to whether to approve the
assistance;

(4)
Issue revenue bonds of the state through the treasurer of state, as
necessary, payable solely from revenues and other sources as provided
in sections 122.39 and 122.41 to 122.62 of the Revised Code.

(B)
The director may do all of the following:

(1)
Fix the rate of interest and charges to be made upon or with respect
to moneys loaned by the director and the terms upon which mortgages
and lease rentals may be guaranteed and the rates of charges to be
made for the loans and guarantees and to make provisions for the
operation of the funds established by the director in accordance with
this section and
sections

section

122.54
,
122.55, 122.56, and 122.57

of the Revised Code;

(2)
Loan moneys from the fund established in accordance with section
122.54 of the Revised Code pursuant to and in compliance with
sections 122.39 and 122.41 to 122.62 of the Revised Code;

(3)
Acquire in the name of the director any property of any kind or
character in accordance with sections 122.39 and 122.41 to 122.62 of
the Revised Code, by purchase, purchase at foreclosure, or exchange
on such terms and in such manner as the director considers proper;

(4)
Make and enter into all contracts and agreements necessary or
incidental to the performance of the director's duties and the
exercise of the director's powers under sections 122.39 and 122.41 to
122.62 of the Revised Code;

(5)
Maintain, protect, repair, improve, and insure any property which the
director has acquired and dispose of the same by sale, exchange, or
lease for the consideration and on the terms and in the manner as the
director considers proper, but is not authorized to operate any such
property as a business except as the lessor of the property;

(6)(a)
When the cost of any contract for the maintenance, protection,
repair, or improvement of any property held by the director other
than compensation for personal services involves an expenditure of
more than one thousand dollars, the director shall make a written
contract with the lowest responsive and responsible bidder in
accordance with section 9.312 of the Revised Code after advertisement
for not less than two consecutive weeks in a newspaper of general
circulation in the county where such contract, or some substantial
part of it, is to be performed, and in such other publications as the
director determines, which notice shall state the general character
of the work and the general character of the materials to be
furnished, the place where plans and specifications may be examined,
and the time and place of receiving bids.

(b)
Each bid for a contract for the construction, demolition, alteration,
repair, or reconstruction of an improvement shall contain the full
name of every person interested in it and meet the requirements of
section 153.54 of the Revised Code.

(c)
Each bid for a contract, except as provided in division (B)(6)(b) of
this section, shall contain the full name of every person interested
in it and shall be accompanied by bond or certified check on a
solvent bank, in such amount as the director considers sufficient,
that if the bid is accepted a contract will be entered into and the
performance of the proposal secured.

(d)
The director may reject any and all bids.

(e)
A bond with good and sufficient surety, approved by the director,
shall be required of every contractor awarded a contract except as
provided in division (B)(6)(b) of this section, in an amount equal to
at least fifty per cent of the contract price, conditioned upon
faithful performance of the contract.

(7)
Employ financial consultants, appraisers, consulting engineers,
superintendents, managers, construction and accounting experts,
attorneys, and other employees and agents as are necessary in the
director's judgment and fix their compensation;

(8)
Assist qualified persons in the coordination and formation of a small
business development company, having a statewide area of operation,
conditional upon the company's agreeing to seek to obtain
certification from the federal small business administration as a
certified statewide development company and participation in the
guaranteed loan program administered by the small business
administration pursuant to the Act of July 2, 1980, 94 Stat. 837, 15
U.S.C.A. 697. During the initial period of formation of the statewide
small business development company, the director shall provide
technical and financial expertise, legal and managerial assistance,
and other services as are necessary and proper to enable the company
to obtain and maintain federal certification and participation in the
federal guaranteed loan program. The director may charge a fee, in
such amount and on such terms and conditions as the director
determines necessary and proper, for assistance and services provided
pursuant to division (B)(8) of this section.

Persons
chosen by the director to receive assistance in the formation of a
statewide small business development company pursuant to division
(B)(8) of this section shall make a special effort to use their
participation in the federal guaranteed loan program to assist small
businesses which are minority business enterprises as defined in
division (E) of section 122.71 of the Revised Code. The director,
with the assistance of the minority business development division of
the department of development, shall provide technical and financial
expertise, legal and managerial assistance, and other services in
such a manner to enable the development company to provide assistance
to small businesses which are minority business enterprises, and
shall make available to the development company information
pertaining to assistance available to minority business enterprises
under programs established pursuant to sections 122.71 to 122.83,
122.87 to 122.89, 122.92 to 122.94, 122.921, and 125.081 of the
Revised Code.

(9)
Receive and accept grants, gifts, and contributions of money,
property, labor, and other things of value to be held, used, and
applied only for the purpose for which such grants, gifts, and
contributions are made, from individuals, private and public
corporations, from the United States or any agency of the United
States, from the state or any agency of the state, and from any
political subdivision of the state, and may agree to repay any
contribution of money or to return any property contributed or the
value of the property at such times, in such amounts, and on such
terms and conditions, excluding the payment of interest, as the
director determines at the time such contribution is made, and may
evidence such obligations by notes, bonds, or other written
instruments;

(10)
Establish with the treasurer of state the
funds

fund

provided
in
sections

section

122.54
,
122.55, 122.56, and 122.57

of the Revised Code, in addition to such funds as the director
determines are necessary or proper;

(11)
Do all acts and things necessary or proper to carry out the powers
expressly granted and the duties imposed in sections 122.39 and
122.41 to 122.62 and Chapter 163. of the Revised Code.

(C)
All expenses and obligations incurred by the director in carrying out
the director's powers and in exercising the director's duties under
sections 122.39 and 122.41 to 122.62 of the Revised Code, shall be
payable solely from the proceeds of revenue bonds issued pursuant to
those sections, from revenues or other receipts or income of the
director, from grants, gifts, and contributions, or funds established
in accordance with those sections. Those sections do not authorize
the director to incur indebtedness or to impose liability on the
state or any political subdivision of the state.

(D)
Financial statements and financial data submitted to the director by
any corporation, partnership, or person in connection with a loan
application, or any information taken from such statements or data
for any purpose, shall not be open to public inspection.

Sec.
122.47.
At
the request of the director of development, the treasurer of state
shall issue revenue bonds of the state for the purpose of acquiring
moneys for the purposes of this chapter, which moneys shall be
credited by the treasurer of state as the director of development
shall determine to and among the funds established in accordance with
or pursuant to sections 122.35, 122.42,
and

122.54
,
122.55, 122.56, 122.561, and 122.57
of
the Revised Code.
The
principal of and interest on such
Such

revenue
bonds
shall
be payable solely from the sinking funds established in accordance
with section 122.57 of the Revised Code at the times and in the order
and manner provided in the bond issuing proceedings or in any trust
agreements securing such bonds, and
shall
be secured by the revenue bond guaranty fund established in
accordance with section 122.571 of the Revised Code and shall also be
secured by moneys in the other funds established by the director to
the extent and on the terms
he

the
director

specifies and by covenants of the director
that
he will

to

so manage the loans and leases and fix interest rates, charges, and
rentals so as to assure receipt of net income and revenue sufficient
to provide for the payment of the principal of and the interest on
the revenue bonds.

Sec.
122.49.
The
proceeds of each issue of revenue bonds issued pursuant to sections
122.39 and 122.41 to 122.62 of the Revised Code shall be used for the
making of loans authorized in sections 122.43 and 122.45 of the
Revised Code, for the purchase and improvement of property authorized
in section 122.46 of the Revised Code,
for
insuring mortgage payments authorized in section 122.451 of the
Revised Code,
and
for the crediting into and among the funds established in accordance
with sections 122.35
,

and

122.54,
122.55,
122.56, 122.561, and 122.57
of
the Revised Code, but subject to such conditions, limitations, and
covenants with the purchasers and holders of the bonds as shall be
provided for in the bond authorization proceedings and in the trust
agreement securing the same.

Provision
shall be made by the director of development
services

for
the payment of the expenses of the director in operating the
assistance programs authorized under this chapter in such manner and
to such extent as shall be determined by the director.

Sec.
122.53.
In
the discretion of the treasurer of state, any bonds issued under
sections 122.39 and 122.41 to 122.62 of the Revised Code, may be
secured by a trust agreement between the treasurer of state and a
corporate trustee, which trustee may be any trust company or bank
having the powers of a trust company within or without the state.

Any
such trust agreement may pledge or assign payments of principal of
and interest on loans, charges, fees, and other revenue to be
received by the director of development

services
,
all rentals received under leases made by the director, and all
proceeds of the sale or other disposition of property held by the
director,

and
may provide for the holding in trust by the trustee to the extent
provided for in the proceedings authorizing such bonds, of all such
moneys and moneys otherwise payable into the mortgage guarantee fund
created by section 122.56 of the Revised Code, and all moneys
otherwise payable into the mortgage insurance fund created by section
122.561 of the Revised Code, and of moneys payable into the sinking
fund or funds referred to in section 122.57 of the Revised Code,

but shall not convey or mortgage any of the real or personal property
held by the director or any part thereof. Any such trust agreement,
or any proceedings providing for the issuance of such bonds, may
contain such provisions for protecting and enforcing the rights and
remedies of the bondholders as are reasonable and proper and not in
violation of law, including covenants setting forth the duties of the
director in relation to the acquisition of property, and the
construction, improvement, maintenance, repair, operation, and
insurance of facilities, the making of loans and leases and the terms
and provisions thereof, and the custody, safeguarding, investment,
and application of all moneys, and provisions for the employment of
consulting engineers or other consultants in connection with the
making of loans and leases and the construction or operation of any
facility. Any bank or trust company incorporated under the laws of
this state which may act as trustee or as depository of the proceeds
of bonds or of revenue may furnish such indemnifying bonds or may
pledge such securities as are required by the treasurer of state. Any
such trust agreement may set forth the rights and remedies of the
bondholders and of the trustee, and may restrict the individual right
of action by bondholders as is customary in trust agreements or trust
indentures securing bonds or debentures of corporations. Such trust
agreement may contain such other provisions as the treasurer of state
deems reasonable and proper for the security of the bondholders. All
expenses incurred by the treasurer of state in carrying out the
provisions of any such trust agreement shall be treated as a part of
the cost of the operation of the assistance programs authorized
pursuant to Chapter 122. of the Revised Code. Any such trust
agreement may provide the method whereby general administrative
overhead expense of the director with respect to those assistance
programs shall be allocated among the funds established pursuant to
Chapter 122. of the Revised Code with respect to the operating
expenses of the director payable out of the income of the assistance
programs.

Sec.
122.571.
In
addition to the separate sinking funds created under section 122.57
of the Revised Code, there
There

is
hereby created the revenue bond guaranty fund to consist of all money
allocated by the director of development to guarantee payment of
interest on, principal of and redemption premium on, the revenue
bonds issued by the director under Chapter 122. of the Revised Code,
all grants, gifts, and contributions made to the director for such
purpose, and all money and property provided by law for such purpose.

Sec.
122.59.
In
the event of a default with respect to any loan or lease, the
director of development shall take such action as
he

the
director

deems proper in the circumstances to enforce and protect the rights
of the director, and such action as may be required by the provisions
of any proceedings authorizing the revenue bonds or of any trust
agreement securing such bonds, which may include any appropriate
action at law or in equity, enforcement or waiver of any provision of
any mortgage or security agreement or lease, or reinstatement of any
forfeited or cancelled right, title, or privilege.
Notwithstanding
any such action, the director shall transfer from the mortgage
guarantee fund created by section 122.56 of the Revised Code to the
sinking fund or funds referred to in section 122.57 of the Revised
Code amounts not greater than the amounts which would have been paid
upon such loan or under such lease but for such default, at the time
or times when such amounts would have been paid but for such
defaults, to the extent provided in the proceedings authorizing and
the trust agreements securing such bonds, to be held and applied as
other moneys in the sinking fund, and shall make such other transfers
and take such other action as shall be required of the director by
any such bond issuance proceedings or trust agreement.

Sec.
122.631.
(A)
As used in sections 122.631 to 122.633 of the Revised Code:

(1)

"Qualified
nonprofit developer" means a nonprofit corporation, as defined
in section 1702.01 of the Revised Code, that is all of the following:

(a)
Incorporated in this state;

(b)
Engaged in community development activities primarily within an
identified geographic area of operation in this state;

(c)
Has as its primary purpose the improvement of the physical, economic,
or social environment by addressing critical problems in that
geographic area of operation including housing.

(2)

"Electing subdivision," "county land reutilization
corporation," and "land reutilization program" have
the same meanings as in section 5722.01 of the Revised Code.

(2)
(3)

"Manufactured home" has the same meaning as in section
3781.06 of the Revised Code
,
and "mobile home" has the same meaning as in section
4501.01 of the Revised Code
.

(3)
(4)

"Qualifying residential property" means
single-family
residential property, including a
a
single unit of single-family residential property that has at least
eight hundred square feet of habitable space and is either a
stand-alone unit or in a multi-unit property containing not more than
ten single-family residential units. "Qualifying residential
property" excludes mobile homes but includes both of the
following:

(a)
A manufactured home;

(b)
A
single
unit in a multi-unit property
containing
not more than ten units but excluding manufactured homes, that has at
least one thousand square feet of habitable space per unit
that
has other nonresidential units or uses. Such nonresidential units or
uses are not qualifying residential property
.

(4)
(5)

"Qualifying median income" means
eighty

one
hundred twenty
per
cent of median income for the county where qualifying residential
property is located, as determined by the director of development
pursuant to section 174.04 of the Revised Code.

(6)
"Qualifying financial literacy counseling" means a
homeownership course with a curriculum that includes basic home
maintenance training and financial literacy.

(7)
"Qualifying counseling provider" means an individual,
business, nonprofit organization, or political subdivision, including
an agency or instrumentality thereof, that is licensed, certified, or
authorized to provide homeownership counseling and financial literacy
as one of its primary functions, including housing counselors
certified by the United States department of housing and urban
development or the Ohio housing financing agency.

(B)
There is created in the department of development the welcome home
Ohio (WHO) program to administer the grants authorized by this
section and section
163.632

122.632

of
the Revised Code and the tax credits authorized by section 122.633 of
the Revised Code. The department shall create and maintain a list of
qualifying residential property to which the deed restriction
described in division (D)(4) of this section, division (B)(4) of
section 122.632, or division (C)(4) of section 122.633 of the Revised
Code applies. That list is not a public record for purposes of
section 149.43 of the Revised Code.

(C)
An electing subdivision

or
,
a

county land reutilization corporation
,
or a qualified nonprofit

developer

may
apply to the director of development for a grant from the welcome
home Ohio fund, which is created in the state treasury, to pay or
defer the cost of purchasing qualifying residential property for
incorporation into the electing subdivision's or county land
reutilization corporation's land reutilization program

or
the qualified nonprofit developer's housing program
.

Up
to two thousand dollars of each grant may be used to fund the
qualifying financial literacy counseling required under division
(D)(6) of this section.
To
the extent that funding is available in that fund, the director may
award grants to electing subdivisions

and
,

county land reutilization corporations
,
and qualified nonprofit developers

that make such an application and agree to comply with division (D)
of this section
,
with a maximum grant of one hundred thousand dollars per qualifying
residential property
.

(D)
The director of development shall require all applicants for a grant
authorized by division (C) of this section to agree, as part of the
application, to all of the following:

(1)
That grant funds shall only be used to pay the cost of purchasing
qualifying residential property;

(2)
That qualifying residential property on which grant funds are spent
shall be held until sold to an individual or individuals who,
inclusively:

(a)
Have annual income that is not more than the qualifying median
income;

(b)
Demonstrate the financial means to purchase the qualifying
residential property;

(c)
Agree to maintain ownership of the qualifying residential property,
occupy it as a primary residence, and not to rent any portion of the
property to another individual for use as a dwelling, for at least

five

three

years
following the date of purchase;

(d)
Agree not to sell the qualifying residential property, within
twenty

fifteen

years
after the date of the sale, to any purchaser
except

other
than the electing subdivision, county land reutilization corporation,
or qualified nonprofit developer or
an
individual or individuals who have annual income that is not more
than the qualifying median income;

(e)
Agree to pay a penalty to the director of development for violation
of the agreement required by division (D)(2)(c) of this section that
,
subject to divisions (F)(2) and (3) of this section,

equals
ninety
thousand dollars
the
amount of the grant attributable to the property
,
less
eighteen
thousand dollars
one-third
of that amount
multiplied
by the number of full years the individual or individuals owned the
property;

(f)
Agree that the director of development is a third-party beneficiary
of the purchase agreement;

(g)
Agree to participate in the applicant's
qualifying

financial
literacy program;

(h)
Agree to annually certify to the director of development

or
the director's designee
,
during the period described by division (D)(2)(c) of this section,
that the individual or individuals own and occupy the qualifying
residential property, and that no part of the property is being
rented to another individual for use as a dwelling.

(3)
That qualifying residential property on which grant funds are spent
shall be sold for not more than
one

two

hundred

eighty

twenty

thousand
dollars per property.

(4)
That qualifying residential property on which grant funds are spent
shall not be sold without a deed restriction prohibiting the sale of
the property to a person that is not
the
electing subdivision, county land reutilization corporation, or
qualified nonprofit developer or
an
individual or individuals who have annual income that is not more
than the
qualifying

median
income for
twenty

fifteen

years
after the date of the property's first transfer from the applicant
following the use of grant funds.
The
deed restriction is a covenant running with the land and is fully
binding on subsequent purchasers of the property until it expires on
the fifteenth anniversary of the property's first transfer from the
applicant following the use of grant funds. The electing subdivision,
county land reutilization corporation, or qualified nonprofit
developer may include in the deed restriction a right of first
refusal to repurchase the property for the purpose of ensuring that
the property is ultimately sold to an individual or individuals who
have annual income that is not more than the qualifying median
income.

(5)
That the applicant shall repay all grant funds not expended to
purchase qualifying residential property
or
to fund the qualifying financial literacy counseling required by
division (D)(6) of this section
and
all grant funds expended to purchase qualifying residential property
that is not sold to an individual or individuals who meet the
requirements described in division (D)(2) of this section or that is
sold without the deed restriction described in division (D)(4) of
this section.

(6)
That the applicant shall provide
qualifying

financial
literacy counseling, over a minimum of
one
year
six
months
,

delivered
by a qualifying counseling provider,
to
each purchaser of qualifying residential property on which grant
funds are spent. An applicant may provide information regarding its

qualifying

financial
literacy program to the director of development for review as part of
the application or prior to application.
Financial

Qualifying
financial
literacy
counseling provided by the applicant to the same purchaser, in
accordance with division (B)(6) of section 122.632 of the Revised
Code or division (C)(5) of section 122.633 of the Revised Code,
satisfies the requirements of division (D)(6) of this section.

(7)
That the applicant shall report to the department of development the
date when the qualifying residential property that is the subject of
the application is sold by the applicant.

(E)
The director of development has authority and standing to sue for the
enforcement of a deed restriction described in division (D)(4) of
this section.

(F)(1)
(F)

An electing subdivision

or
,
a

county land reutilization corporation
,
or a qualified nonprofit developer

may apply for, and the director of development may award both a grant
under this section for the purchase of qualifying residential
property, and either a grant under section 122.632 of the Revised
Code, or a tax credit under section 122.633 of the Revised Code, to
rehabilitate or construct the same qualifying residential property.

(2)
If an electing subdivision or county land reutilization is awarded a
grant under this section and a grant under section 122.632 of the
Revised Code for the same qualifying residential property, and the
individual or individuals who purchase the property violate both of
the agreements required by division (D)(2)(c) of this section and
division (B)(2)(c) of section 122.632 of the Revised Code, only the
penalty described by division (B)(2)(e) of section 122.632 of the
Revised Code applies.

(3)
If an electing subdivision or county land reutilization is awarded a
grant under this section and a tax credit under section 122.633 of
the Revised Code for the same qualifying residential property, and
the individual or individuals who purchase the property violate both
of the agreements required by division (D)(2)(c) of this section and
division (C)(2)(a) of section 122.633 of the Revised Code, only the
greater of the penalties described in divisions (D)(2)(e) of this
section and division (C)(2)(c) of section 122.633 of the Revised Code
applies.

(G)(1)
The director may adopt rules in accordance with Chapter 119. Of the
Revised Code as necessary to administer the grant program. Such rules
may include the following:

(a)
Application forms, deadlines, and procedures;

(b)
Criteria for evaluating and prioritizing applications;

(c)
Guidelines for promoting an even geographic distribution of grants
throughout the state
;

(d)
Guidelines to determine the value of qualifying residential property
located in a building with other uses and the total value of that
building
.

(2)
Any grants repaid under this section shall be credited to the welcome
home Ohio fund.

(3)
An electing subdivision, a county land reutilization corporation, or
a qualified nonprofit developer shall use all profits derived from
the sale of qualifying residential property on which grant funds are
spent, including profits derived from the resale of such property to
a subsequent purchaser, for the electing subdivision's or county land
reutilization corporation's land reutilization program or the
qualified nonprofit developer's housing program.

Sec.
122.632.
(A)
An electing subdivision

or
,
a

county land reutilization corporation
,
or a qualified nonprofit developer

may apply to the director of development for a grant from the welcome
home Ohio fund created in section 122.631 of the Revised Code to pay
or defer the cost to rehabilitate or construct qualifying residential
property held by the electing subdivision's or county land
reutilization corporation's land reutilization program

or
the qualified nonprofit developer's housing program
.
To the extent that funding is available, in that fund the director
may award grants to electing subdivisions

and
,

county land reutilization corporations
,
and qualified nonprofit developers

that make such an application and agree to comply with division (B)
of this section, with a maximum grant of
thirty

one
hundred
thousand
dollars per qualifying residential property.

(B)
The director of development shall require all applicants for a grant
authorized by division (A) of this section to agree, as part of the
application, to all of the following:

(1)
That grant funds shall
only

be
used to pay the cost of rehabilitation or construction of qualifying
residential property and all work will be completed according to all
applicable construction and design standards
;

.
Up to two thousand dollars of each grant may be used to fund the
qualifying financial literacy counseling required under division
(B)(6) of this section. If grant funds are spent to construct or
rehabilitate a qualifying residential property described in division
(A)(4)(b) of section 122.631 of the Revised Code, then no portion of
the funds shall be spent to construct or rehabilitate portions of the
building that are for nonresidential uses, except for common areas
used by the occupants of the residential units and improvements that
serve both the residential units and the other portions of the
building.

(2)
That qualifying residential property on which grant funds are spent
shall be held until sold to an individual or individuals who,
inclusively:

(a)
Have annual income that is not more than the qualifying median
income;

(b)
Demonstrate the financial means to purchase the qualifying
residential property;

(c)
Agree to maintain ownership of the qualifying residential property,
occupy it as a primary residence, and not to rent any portion of the
property to another individual for use as a dwelling, for at least

five

three

years
following the date of purchase;

(d)
Agree not to sell the qualifying residential property, within
twenty

fifteen

years
after the date of the sale, to any purchaser
except

other
than the electing subdivision, county land reutilization corporation,
or qualified nonprofit developer or
an
individual or individuals who have annual income that is not more
than the qualifying median income;

(e)
Agree to pay a penalty to the director of development for violation
of the agreement required by division (B)(2)(c) of this section that
,
subject to division (F)(2) of section 122.631 of the Revised Code,

equals
ninety
thousand dollars
the
amount of the grant attributable to the property
,
less
eighteen
thousand dollars
one-third
of that amount
multiplied
by the number of full years the individual or individuals owned the
property.

(f)
Agree that the director of development is a third-party beneficiary
of the purchase agreement;

(g)
Agree to participate in the applicant's
qualifying

financial
literacy program;

(h)
Agree to annually certify to the director of development

or
the director's designee
,
during the period described by division (B)(2)(c) of this section,
that the individual or individuals own and occupy the qualifying
residential property, and that no part of the property is being
rented to another individual for use as a dwelling.

(3)
That qualifying residential property on which grant funds are spent
shall be sold for not more than
one

two

hundred

eighty

twenty

thousand
dollars per property.

(4)
That qualifying residential property on which grant funds are spent
shall not be sold without a deed restriction prohibiting the sale of
the property to a person that is not
the
electing subdivision, county land reutilization corporation, or
qualified nonprofit developer or
an
individual or individuals who have annual income that is not more
than the median income for
twenty

fifteen

years
after the date of the property's first transfer from the applicant
following the use of grant funds
;
.
The deed restriction is a covenant running with the land and is fully
binding on subsequent purchasers of the property until it expires on
the fifteenth anniversary of the property's first transfer from the
applicant following the use of grant funds. The electing subdivision,
county land reutilization corporation, or qualified nonprofit
developer may include in the deed restriction a right of first
refusal to repurchase the property for the purpose of ensuring that
the property is ultimately sold to an individual or individuals who
have annual income that is not more than the qualifying median
income.

(5)
That the applicant shall repay all grant funds expended on any
expenses other than the construction or rehabilitation of qualifying
residential property

or
financial literacy counseling required under division (B)(6) of this
section,

or on qualifying residential property that is not sold to an
individual or individuals who meet the requirements described in
division (B)(2) of this section or that is sold without the deed
restriction described in division (B)(4) of this section;

(6)
That the applicant shall provide financial
qualifying

literacy
counseling, over a minimum of
one
year
six
months
,

delivered
by the qualifying counseling provider,
to
each purchaser of qualifying residential property on which grant
funds are spent. An applicant may provide information regarding its

qualifying

financial
literacy program to the director of development for review as part of
the application or prior to application;

(7)
That the applicant shall report to the department of development the
date when the qualifying residential property that is the subject of
the application is sold by the applicant.

(8)
That, if grant funds are received, the qualifying residential
property that is the subject of the application shall not be the
subject of an application for a tax credit under section 122.633 of
the Revised Code.

(C)
The director of development is granted authority and standing to sue
for the enforcement of a deed restriction described in division
(B)(4) of this section.

(D)(1)
The director may adopt rules in accordance with Chapter 119. of the
Revised Code as necessary to administer the grant program. Such rules
may include the following:

(a)
Application forms, deadlines, and procedures;

(b)
Criteria for evaluating and prioritizing applications;

(c)
Guidelines for promoting an even geographic distribution of grants
throughout the state
;

(d)
Guidelines to determine the value of qualifying residential property
located in a building with other uses and the total value of that
building
.

(2)
Any grants repaid under this section shall be credited to the welcome
home Ohio fund.

(3)
An electing subdivision, a county land reutilization corporation, or
a qualified nonprofit developer shall use all profits derived from
the sale of qualifying residential property on which grant funds are
spent, including profits derived from the resale of such property to
a subsequent purchaser, for the electing subdivision's or county land
reutilization corporation's land reutilization program or the
qualified nonprofit developer's housing program.

Sec.
122.633.
(A)
As used in this section, "eligible developer" means any of
the following:

(1)
A nonprofit corporation, as defined in section 1702.01 of the Revised
Code, based in this state with a primary activity of the development
and preservation of affordable housing;

(2)
A limited partnership or domestic limited partnership, as defined in
section 1782.01 of the Revised Code, in which a general partner is a
nonprofit corporation based in this state, a primary activity of
which is the development and preservation of affordable housing;

(3)
A limited liability company, as defined in section 1706.01 of the
Revised Code, in which the manager is a nonprofit corporation based
in this state, a primary activity of which is the development and
preservation of affordable housing;

(4)
A community improvement corporation, as defined in section 1724.01 of
the Revised Code, or a community urban redevelopment corporation, as
defined in section 1728.01 of the Revised Code.

(B)
An electing subdivision or eligible developer that rehabilitates or
constructs a unit of qualifying residential property and sells the
property to an individual or individuals for the individual's or
individuals' occupancy may apply to the director of development for a
nonrefundable credit against the tax levied under section 5726.02 or
5747.02 of the Revised Code, provided the rehabilitation or
construction and the sale comply with division (C) of this section.
The credit application shall be made on forms prescribed by the
director. The credit shall equal ninety thousand dollars or
one-third

ninety
per cent
of
the cost to rehabilitate or construct the property, whichever is
less.

(C)
An application for a credit authorized by division
(C)

(B)

of
this section shall certify all of the following:

(1)
That the rehabilitation or construction of qualifying residential
property that is the subject of the application was completed
according to all applicable construction and design standards;

(2)
That each qualifying residential property that is the subject of the
application was sold to an individual or individuals who have annual
income that is not more than the qualifying median income,
demonstrated the financial means to purchase the qualifying
residential property, and agreed to all of the following in the
purchase agreement:

(a)
To maintain ownership of the qualifying residential property, occupy
it as a primary residence, and not to rent any portion of the
property to another individual for use as a dwelling, for at least

five

three

years
following the date of purchase;

(b)
Not to sell the qualifying residential property to a purchaser other
than
the
electing subdivision, the eligible developer, or
an
individual or individuals who have annual income that is no more than
the qualifying median income for at least
twenty

fifteen

years
after the date of purchase;

(c)
To pay a penalty to the director of development for violation of the
agreement required by division (C)(2)(a) of this section that
,
subject to division (F)(3) of section 122.631 of the Revised Code,

equals the total amount of the tax credit authorized by this section
and attributable to the qualifying residential property purchased by
the individual, reduced by
twenty
per cent
one-third

of
that amount for each full year the individual or individuals owned
the property;

(d)
That the director of development is a third-party beneficiary of the
purchase agreement;

(e)
To participate in the applicant's
qualifying

financial
literacy program;

(f)
Agree to annually certify to the director of development

or
the director's designee
,
during the period described by division (C)(2)(a) of this section,
that the individual or individuals own and occupy the qualifying
residential property, and that no part of the property is being
rented to another individual for use as a dwelling.

(3)
That the qualifying residential property that is the subject of the
application was sold for not more than
one

two

hundred

eighty

twenty

thousand
dollars;

(4)
That the
purchaser
of the
qualifying
residential property that is the subject of the application was
transferred with a deed restriction prohibiting the sale of the
property to a person other than
the
electing subdivision, the eligible developer, or
an
individual or individuals who have annual income that is not more
than the qualifying median income for at least
twenty

fifteen

years
after the date of transfer.
The
deed restriction is a covenant running with the land and is fully
binding on subsequent purchasers of the property until it expires on
the fifteenth anniversary of the property's first transfer from the
applicant under this section. The electing subdivision or eligible
developer may include in the deed restriction a right of first
refusal to repurchase the property for the purposes of ensuring that
the property is ultimately sold to an individual or individuals who
have annual income that is not more than the qualifying median
income.

(5)
That the applicant provides a minimum of
one
year
six
months
of

qualifying

financial
literacy counseling
,
delivered by a qualifying counseling provider,

to each purchaser of qualifying residential property that is the
subject of the application. An applicant may provide information
regarding its
qualifying

financial
literacy program to the director of development for review as part of
the application or prior to application
;

.

(6)
That the applicant shall report to the department of development the
date when the qualifying residential property that is the subject of
the application is sold by the applicant.

(7)
That the qualifying residential property that is the subject of the
application was not rehabilitated or constructed using grant funds
received under section 122.632 of the Revised Code.

(D)
The director of development is granted authority and standing to sue
for the enforcement of a deed restriction described in division
(C)(4) of this section.

(E)(1)
Subject to division (E)(2) of this section, if the director
determines that the applicant qualifies for a credit under this
section, the director shall issue a tax credit certificate to the
applicant identified with a unique number and listing the amount of
the credit that is eligible to be transferred or claimed pursuant to
division (E)(3) or (F) of this section.

(2)
The total amount of tax credits issued by the director under this
section
after
the effective date of this amendment
shall
not exceed
twenty-five

twenty

million
dollars

in
any fiscal year
,
and no tax credits shall be issued after June 30,
2025
2027
.

(3)
A person granted a certificate pursuant to division (E)(1) of this
section may claim the credit against the tax levied under section
5726.02 of the Revised Code or against the person's aggregate tax
liability under section 5747.02 of the Revised Code for the taxable
year in which the certificate is issued. The taxpayer shall claim the
credit in the order prescribed by section 5726.98 or 5747.98 of the
Revised Code, as applicable. Any unused amount may be carried forward
for the following five taxable years. If the person is a pass-through
entity, any taxpayer that is a direct or indirect investor in the
pass-through entity on the last day of the entity's taxable year may
claim the taxpayer's proportionate or distributive share of the
credit against the taxpayer's aggregate amount of tax levied under
section 5747.02 of the Revised Code.

A
taxpayer claiming a credit under this section shall submit a copy of
the certificate with the taxpayer's return or report.

(F)
A person granted a certificate pursuant to division (E)(1) of this
section may transfer the right to claim all or part of the credit
reflected on the certificate to another person.

To
effectuate the transfer, the transferor shall notify the tax
commissioner, in writing, that the transferor is transferring the
right to claim all or part of the remaining credit stated on the
certificate. The transferor shall identify in that notification the
certificate's number, the name and the tax identification number of
the transferee, the amount of the remaining credit transferred to the
transferee, and, if applicable, the amount of remaining credit
retained by the transferor.

The
transferee may claim the amount of the credit received under this
division against the tax levied under section 5726.02 of the Revised
Code or against the person's aggregate tax liability under section
5747.02 of the Revised Code for the taxable year in the same manner
and for the same taxable years as it may be claimed by a person under
division (E)(3) of this section.

Any
person to which a credit has been transferred under this division may
transfer the right to claim all or part of the transferred credit
amount to any other person, in the same manner prescribed by this
division for the initial transfer, including that any such transfer
be reported by the transferor to the tax commissioner as described in
this division.

Transferring
a credit under this division does not extend the taxable years for
which the credit may be claimed or number of years for which the
unclaimed credit amount may be carried forward.

(G)
The director may adopt rules in accordance with Chapter 119. of the
Revised Code as necessary to administer the tax credits authorized by
this section. Such rules may include the following:

(1)
Application forms, deadlines, and procedures;

(2)
Criteria for evaluating and prioritizing applications;

(3)
Guidelines for promoting an even geographic distribution of credits
throughout the state.

Sec.
122.636.
(A)
As used in this section:

(1)
"Major economic development project" means a project in
this state that is reasonably expected to create, retain, and attract
jobs or otherwise improve the economic well-being of the area
surrounding the project site and that meets either of the following:

(a)
The project is reasonably expected to create at least seven hundred
new permanent jobs.

(b)
At least seven hundred million dollars in private investments are
committed to establish, expand, renovate, or occupy a facility as
part of a single project at a designated project site, including
investment in new buildings, additions or improvements to existing
buildings, machinery, equipment, furniture, fixtures, and inventory.

(2)
"Major workforce housing project" means a project that
reserves at least one hundred units, designed for residential
occupancy by at least one hundred individuals or families living
independently from each other.

(3)
"Pro-housing development policy" may include any of the
following:

(a)
Having a process in place to increase the rate at which permits for
housing developments are reviewed;

(b)
Having a pre-approval process in place for an expedited review of
permits for a diverse range of housing developers;

(c)
Subsidizing or decreasing costs related to water or sewer connections
and extensions for major workforce housing projects;

(d)
Acquiring and readying sites that are ready to be financed and built
upon by developers;

(e)
Reducing or eliminating impact, inspection, and plan review fees for
housing developers;

(f)
Adopting a zoning plan that includes promoting higher density, small
lot size, and minimum setback requirements;

(g)
Developing a comprehensive plan that promotes diverse residential
development options;

(h)
Having no or minimal parking requirements for developments that
include residential units;

(i)
Conducting a traffic study, improving water or sewer infrastructure,
improving roads, or permitting both rigid and flexible pavement
types;

(j)
Developing partnerships to expand the provision of sewer and water
services to new areas;

(k)
Promoting the use of non-traditional building structures such as
modular or manufactured homes.

(4)
"Residential economic development district" means all
parcels of land within a twenty-mile radius of a major economic
development project.

(B)
A county, township, or municipal corporation that is fully or
partially located within a residential economic development district
may apply for a grant under this section in the form and manner
prescribed by the department of development. The county, township, or
municipal corporation may submit the application independently or in
collaboration with a housing developer, port authority, council of
government, regional planning commission, or one or more other
counties, townships, or municipal corporations. The application
shall, at minimum, include documentation or other evidence that
proves, to the satisfaction of the department, that the applicant has
done or has imminent plans to do both of the following within the
district:

(1)
Adopt and implement pro-housing development policies;

(2)
Approve a major workforce housing project.

(C)(1)
The department shall review applications and award grants under this
section on a rolling basis, to the extent that funds are available.

(2)
The department shall evaluate applications and determine the amount
of each grant awarded in accordance with scoring metrics that include
all of the following:

(a)
Density, with more points awarded to projects that have more units
per acre, starting at two units per acre;

(b)
Lot size, with more points awarded to projects that have smaller lot
sizes, starting with an average of seven thousand five hundred square
feet;

(c)
Side yard setbacks, with more points awarded to projects that have
smaller setback requirements, starting with six feet;

(d)
Open space requirements, with more points awarded to projects that
have lesser open space requirements, starting with twenty-five per
cent of gross acreage;

(e)
Inspection, plan, impact, or water and sewer tap fee reductions, with
more points awarded for lower or no fees;

(f)
Use of water pipe type, with more points awarded for allowing
polyvinyl chloride as opposed to ductile iron;

(g)
Use of rigid and flexible pavement types, with more points awarded
for allowing both;

(h)
Traffic studies and thoroughfare plans, with more points awarded for
applicants that seek to use funds for those purposes and have
demonstrated success in completing such studies or plans for a major
workforce housing project;

(i)
Sanitary sewer or water extensions, with more points awarded for
applicants that seek to use funds for those purposes as related to
the major workforce housing project.

(3)
The department shall give preference to applicants that adopt more
pro-housing development policies in terms of both quantity and
impact.

(D)
If a county, township, or municipal corporation is approved for a
grant under this section based on imminent plans to adopt and
implement pro-housing development policies and approve a major
workforce housing project, the department shall confirm that the
county, township, or municipal corporation follows through with those
plans, as described in the grant application, before disbursing grant
funds. A grant recipient shall use the funds only for the following
purposes:

(1)
Providing capital for housing development through grants or loans;

(2)
Readying sites for development;

(3)
Providing financial assistance for housing-related infrastructure
projects including road improvements and water or sewer connections;

(4)
Addressing additional service or public safety needs due to increases
in population.

(E)
The director of development shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement and administer this
section. The rules shall address application procedures, scoring
metrics, grant distribution, and state model zoning plans that
include density, lot size, and setback preferences. The director
shall finalize and publish the initial application procedures and
scoring metrics to the department's web site no later than December
31, 2025.

(F)
All applications for grants under this section and the scoring
metrics used by the department of development in awarding such grants
are public records for the purposes of section 149.43 of the Revised
Code.

(G)
The general assembly, in enacting this section, hereby declares its
intent to encourage major workforce housing projects in areas of the
state that otherwise would not attract such developments and to
increase home ownership among Ohioans.

Sec.
122.6510.
(A)
As used in this section, "federal act" means the "Small
Business Liability Relief and Brownfields Revitalization Act,"
115 Stat. 2356 (2002), 42 U.S.C. 9601 and 9604.

(B)
There is hereby created in the state treasury the Brownfields
Revolving Loan Fund. The Fund shall consist of all moneys received by
the state from repayments of loans made under the terms of the
federal act, and any other money transferred to the Fund. The Fund
may be used to make grants and loans by the Director of Development

Services
.

All
investment earnings of the Fund shall be credited to the Fund.

(C)
The Director shall administer moneys received into the Fund and
comply with all requirements imposed by the federal act in
administering the funds.

(D)
The Director may establish a schedule of fees and charges payable by
loan recipients to the Director for the administration of this
section.

Sec.
122.6511.
(A)
As used in this section and section 122.6512 of the Revised Code:

(1)
"Brownfield" means an abandoned, idled, or under-used
industrial, commercial, or institutional property where expansion or
redevelopment is complicated by known or potential releases of
hazardous substances or petroleum.

(2)
"Lead entity" means a county, township, municipal
corporation, port authority, conservancy district, park district or
other similar park authority, county land reutilization corporation,
or organization for profit.

(3)
"Remediation" means any action to contain, remove, or
dispose of hazardous substances or petroleum at a brownfield.
"Remediation" includes the acquisition of a brownfield,
demolition performed at a brownfield, and the installation or upgrade
of the minimum amount of infrastructure that is necessary to make a
brownfield operational for economic development activity.

"Remediation"
also includes demolition and infrastructure development costs.

(4)
"County land reutilization corporation" has the same
meaning as in section 1724.01 of the Revised Code.

(5)
"Demolition and infrastructure development costs" means
demolition costs and costs associated with constructing, upgrading,
or extending infrastructure necessary to make a brownfield
operational.

(5)
(6)

"Priority investment area eligible project" means some or
all of the following activities necessary or conducive for
generating, transporting, storing, or transmitting electricity at the
site of a brownfield or former coal mine located in a priority
investment area designated under section 122.161 of the Revised Code:

(a)
Environmental or cultural resource site assessments;

(b)
The monitoring, remediation, cleanup, or containment of land to
remove any condition or substance regulated by state or federal
environmental laws or regulations, including hazardous substances,
hazardous wastes, solid wastes, or petroleum;

(c)
The demolition and removal of existing structures, grading, or other
site work necessary to make a site or certain real property that
includes a brownfield or former coal mine usable for economic
development;

(d)
The development of a remediation and reuse plan;

(e)
The development or operation of a site for energy generation or
battery storage.

(B)(1)
There is hereby created the brownfield remediation program to award
grants for priority investment area eligible projects and the
remediation of brownfield sites throughout Ohio. The program shall be
administered by the director of development pursuant to this section
and rules adopted pursuant to division (B)(2) of this section.

(2)
The director shall adopt rules, under Chapter 119. of the Revised
Code, for the administration of the program. The rules shall include
provisions for determining project and project sponsor eligibility,
program administration, and any other provisions the director finds
necessary.

(3)
The director shall not award a grant exceeding ten million dollars to
a priority investment area eligible project. Grants for such projects
may not be used for the construction or operation of electric
generating infrastructure.

(C)(1)
There is hereby created in the state treasury the brownfield
remediation fund. The fund shall consist of moneys appropriated to it
by the general assembly
,
and investment earnings on moneys in the fund shall be credited to
the fund
.

The
director shall reserve funds from each appropriation to the fund to
each county in the state. The amount reserved shall be one million
dollars per county, or, if an appropriation is less than eighty-eight
million dollars, a proportionate amount to each county. Amounts
reserved pursuant to this section are reserved for one calendar year
from the date of the appropriation. After one calendar year, the
funds shall be available pursuant to division (D) of this section.

(2)
A lead entity may submit
an
initial
a

grant
application for the use of funds reserved under division (C)(1) of
this section to the director.
The
lead entity may later submit an amended application to the director,
and the director may accept and approve that application for use of
funds up to the amount reserved for that county.

(D)
Funds from an appropriation not reserved under division (C)(1) of
this section shall be available for grants to projects located
anywhere in the state, and grants from those funds shall be awarded

to
qualifying projects on a first-come, first-served basis
on
a case by case basis. In making the award determination, the director
shall evaluate the economic merit of the project to the county,
surrounding counties, and state. The director also shall ensure that
projects awarded are in different regions of the state
.

(E)
The amendments to this section by
H.B.
315 of the 135th general assembly
this
act
apply
to new projects that are applied for and awarded funding by the
director of development on and after
July
1, 2025
the
effective date of this amendment
.
Projects that are applied for or were applied for under this section
prior to July 1, 2025, shall be governed by this section as it
existed prior to July 1, 2025.

Sec.
122.6512.
(A)(1)
There is hereby created the building demolition and site
revitalization program to award grants for the demolition of
commercial and residential buildings and revitalization of
surrounding properties on sites that are not brownfields. The program
shall be administered by the director of development pursuant to this
section and rules adopted pursuant to division (A)(2) of this
section.

(2)
The director shall adopt rules, under Chapter 119. of the Revised
Code, for the administration of the program. The rules shall include
provisions for determining project and project sponsor eligibility,
program administration, and any other provisions the director finds
necessary.

(3)
The director shall ensure that the program is operational and
accepting proposals for grants not later than ninety days after
September 30, 2021.

(4)
To streamline funding through the program, each county shall have one
lead entity designated in accordance with the following:

(a)
If the county has a population of less than one hundred thousand
according to the most recent federal decennial census, the director
shall select the lead entity from a list of recommendations made by
the board of county commissioners of the county. The board shall
submit a lead entity letter of intent and any other documentation
required by the director in order for the director to select a lead
entity for that county.

(b)
If the county has a population of one hundred thousand or more
according to the most recent federal decennial census and the county
does not have a county land reutilization corporation, the director
shall select the lead entity from a list of recommendations made by
the board of county commissioners of the county. The board shall
submit a lead entity letter of intent and any other documentation
required by the director in order for the director to select a lead
entity for that county.

(c)
If the county has a population of one hundred thousand or more
according to the most recent federal decennial census and the county
has a county land reutilization corporation, the county land
reutilization corporation is the lead entity for that county.

(5)
The lead entity of each county shall submit all grant applications
for that county. The lead entity shall submit with a grant
application any agreements executed between the lead entity with
other recipients that will receive grant money through the lead
entity, if applicable. Such recipients may include local governments,
nonprofit organizations, community development corporations, regional
planning commissions, county land reutilization corporations, and
community action agencies.

(B)(1)
There is hereby created in the state treasury the building demolition
and site revitalization fund. The fund shall consist of moneys
appropriated to it by the general assembly
,

and
investment earnings on moneys in the fund shall be credited to the
fund
.

(2)
The director shall reserve funds from each appropriation to the fund
to each county in the state. The amount reserved shall be five
hundred thousand dollars per county, or, if an appropriation is less
than forty-four million dollars, a proportionate amount to each
county. Amounts reserved pursuant to this section are reserved for
one calendar year from the date of the appropriation. After one
calendar year, the funds shall be available pursuant to division
(B)(3) of this section.

(3)
Funds from an appropriation not reserved under division (B)(2) of
this section shall be available for grants to projects located
anywhere in the state
,
and grants from those funds shall be awarded to qualifying projects
on a first-come,

first-served
basis
.
Grants awarded pursuant to this division shall be limited to
seventy-five per cent of a project's total cost.

Sec.
122.84.
(A)
As used in this section:

(1)
"Ohio qualified opportunity fund" means a qualified
opportunity fund that holds one hundred per cent of its invested
assets in qualified opportunity zone property situated in an Ohio
opportunity zone.

In
the case of qualified opportunity zone property that is qualified
opportunity zone stock or qualified opportunity zone partnership
interest, the stock or interest is situated in an Ohio opportunity
zone only if, during all of the qualified opportunity fund's holding
period for such stock or interest, all of the use of the
corporation's or partnership's tangible property was in an Ohio
opportunity zone. In the case of qualified opportunity zone property
that is qualified opportunity zone business property, the property is
situated in an Ohio opportunity zone only if, during all of the
fund's holding period for such property, all of the use of the
property was in an Ohio opportunity zone.

All
terms used in division (A) of this section have the same meaning as
in 26 U.S.C. 1400Z-2, except that "all" shall be
substituted for "substantially all" wherever "substantially
all" appears in the definition of those terms or in the
definition of terms used in those terms.

(2)
"Ohio opportunity zone" means a qualified opportunity zone
designated in this state under 26 U.S.C. 1400Z-1 before, on, or
after
,
October 17, 2019,

the effective date of the enactment of this section by H.B. 166 of
the 133rd general assembly.

(3)
"Business day" means a day of the week excluding Saturday,
Sunday, and a legal holiday as defined under section 1.14 of the
Revised Code.

(4)
"Investment period" means the six-month period from the
first day of January to the thirtieth day of June, or from the first
day of July to the thirty-first day of December.

(5)
"Investment" means money from any source other than grant
funds that is invested to improve property located in an Ohio
opportunity zone with the expectation of receiving a profit.

(B)
A person that invests in one or more Ohio qualified opportunity funds
may apply to the director of development for a nonrefundable credit
against the tax levied under section 5725.18, 5726.02, 5729.03, or
5747.02 of the Revised Code. The application shall be made on forms
prescribed by the director. The director shall accept and review
applications submitted under this section during two annual periods,
the first of which begins on the tenth day of January and ends
after
the first day of February
on
the seventeenth day of January
,
and the second of which begins on the tenth day of July and ends

after
the first day of August
on
the seventeenth day of July
.
If any of those dates fall on a day that is not a business day, then
the application period begins on or ends after the next business day,
as applicable. The credit shall equal ten per cent of the amount of
the person's investment in the fund that the fund invested during the
immediately preceding investment period in projects located in Ohio
opportunity zones.

The
person shall include the following information with the person's
application:

(1)
The amount of the person's investment in Ohio qualified opportunity
funds, arranged according to the amount invested in each such fund if
the person invested in more than one such fund;

(2)
A statement from an employee or officer of each Ohio qualified
opportunity fund identified by the person under division (B)(1) of
this section certifying the amount of the person's investment in the
fund and the amount of that investment the fund invested in projects
located in Ohio opportunity zones during the immediately preceding
investment period. The statement shall describe each project funded
by the investment and state each project's location and the portion
of the person's investment invested in each such project. Unless the
fund demonstrates otherwise to the director's satisfaction, the
amount of a person's investment that the fund invested in a project
located in an Ohio opportunity zone equals the same proportion of the
amount of the fund's investment in the project as the person's
investment in the fund bears to the total investment by all investors
in that fund on the date the fund makes the investment in the
project.

The
director shall review and process applications in the order in which
applications are received.

(C)(1)
Subject to division (C)(2) of this section, if the director
determines that the applicant qualifies for a credit under this
section, the director shall issue, within sixty days after the last
day on which an application may be submitted for that application
period, a tax credit certificate to the person identified with a
unique number and listing the amount of credit the director
determines is eligible to be claimed or transferred.

(2)
The total amount of tax credits issued by the director shall not
exceed
:

(a)
Seventy-five million dollars for the fiscal biennium beginning July
1, 2021, and ending June 30, 2023;

(b)
Fifty

fifty

million
dollars for
each
of
fiscal

year
2024;

(c)
Twenty-five million dollars for each fiscal year thereafter
years
2026 and 2027
.

The
director shall not issue any dollar amount of new tax credits under
this section in any fiscal year after fiscal year 2027 unless
specifically authorized by an act of the general assembly.

If
the tax credits issued in the first year of the fiscal biennium are
less than the maximum allowed, the excess shall be carried forward to
the second year of the fiscal biennium.

The
director shall not issue certificates to a single applicant in any
fiscal biennium in an amount that exceeds two million dollars.

The
director shall not issue certificates that exceed five million
dollars on the basis of the same project located in an Ohio
opportunity zone.

The
director may not issue a certificate under this section on the basis
of any investment for which a small business investment certificate
has been issued under section 122.86 of the Revised Code.

(3)
The credit may be claimed by a person under section 5725.38, 5726.61,
5729.21, or 5747.86 of the Revised Code, as applicable. A person that
is not subject to taxation under section 5725.18, 5726.02, 5729.03,
or 5747.02 of the Revised Code shall not claim the credit but if the
person is the applicant to which the certificate was initially
issued, the person may transfer the right to claim the credit under
division (D) of this section.

(D)
A taxpayer claiming a credit under this section shall submit a copy
of the certificate with the taxpayer's return or report.

(E)
A person that holds a wholly or partially unclaimed certificate
issued under this section may transfer the right to claim all or part
of the remaining credit to any other person. To effectuate the
transfer, the transferor must notify the tax commissioner, in
writing, that the transferor is transferring the right to claim all
or part of the remaining credit stated on the certificate. The
transferor shall identify in that notification the certificate's
number, the name and the tax identification number of the transferee,
the amount of remaining credit transferred to the transferee, and, if
applicable, the amount of remaining credit retained by the
transferor. The transferee may claim the amount of credit received
under this division pursuant to and in the manner required under
divisions (C)(3) and (D) of this section. Transferring a credit under
this division does not extend the taxable year or calendar year for
which the credit may be claimed or number of years for which the
unclaimed credit amount may be carried forward under section 5725.38,
5726.61, 5729.21, or 5747.86 of the Revised Code, as applicable.

Any
person to which a credit has been transferred under this division may
transfer the right to claim all or part of the transferred credit
amount to any other person, in the same manner prescribed by this
division for the initial transfer, including that any such transfer
be reported by the transferor to the tax commissioner as described in
this division.

(F)
On or before the first day of August each year, the director of
development shall submit a report to the governor, the president and
minority leader of the senate, and the speaker and minority leader of
the house of representatives on the tax credit program authorized
under this section. The report shall include the following
information:

(1)
The number of projects funded by investments for which a tax credit
application was submitted under this section during the preceding
year, the Ohio opportunity zone in which each such project is
located, the number of projects funded by investments for which
certificates were allocated during the preceding year, a description
of each such project, and the composition of an Ohio qualified
opportunity fund's investments in each project funded by investments
for which a tax credit application was submitted under this section;

(2)
The number of persons that invested in an Ohio qualified opportunity
fund and applied for a tax credit based on the fund's investment in a
project during the preceding year, the name of the fund in which each
such investment was made, the number of persons allocated a credit
for such investments under this section, and the dollar amount of
those credits;

(3)
A map that shows the location of each Ohio opportunity zone and that
indicates which zones include existing or pending projects that are,
or will be, funded by tax credit-eligible investments.

Sec.
122.85.
(A)
As used in this section and in sections 5726.55, 5733.59, 5747.66,
and 5751.54 of the Revised Code:

(1)
"Tax credit-eligible production" means a motion picture or
broadway theatrical production certified by the director of
development under division (B) of this section as qualifying
the
production
a

company
for a tax credit under section 5726.55, 5733.59, 5747.66, or 5751.54
of the Revised Code.

(2)
"Certificate owner" means a
production

qualifying

company
to which a tax credit certificate is issued.

(3)
"
Production

Qualifying

company"
means an individual, corporation, partnership, limited liability
company, or other form of business association that is registered
with the secretary of state and that is producing a motion picture or

producing
or presenting
broadway
theatrical production.

(4)
"Eligible expenditures" means expenditures made after June
30, 2009, for goods or services purchased and consumed in this state
by a
production

qualifying

company
directly for the production

of
a tax credit-eligible production, for postproduction activities, or
for advertising and promotion of the production.

"Eligible
expenditures" do not include qualified expenditures for which a
production company receives a tax credit under section 122.852 of the
Revised Code.

"Eligible
expenditures" include expenditures for cast and crew wages,
accommodations, costs of set construction and operations, editing and
related services, photography, sound synchronization, lighting,
wardrobe, makeup and accessories, film processing, transfer, sound
mixing, special and visual effects, music, location fees, and the
purchase or rental of facilities and equipment.

(5)
"Motion picture" means entertainment content created in
whole or in part within this state for distribution or exhibition to
the general public, including, but not limited to, feature-length
films; documentaries; long-form, specials, miniseries, series, and
interstitial television programming; interactive web sites; sound
recordings; videos; music videos; interactive television; interactive
games; video games; commercials; any format of digital media; and any
trailer, pilot, video teaser, or demo created primarily to stimulate
the sale, marketing, promotion, or exploitation of future investment
in either a product or a motion picture by any means and media in any
digital media format, film, or videotape, provided the motion picture
qualifies as a motion picture. "Motion picture" does not
include any television program created primarily as news, weather, or
financial market reports, a production featuring current events or
sporting events, an awards show or other gala event, a production
whose sole purpose is fundraising, a long-form production that
primarily markets a product or service or in-house corporate
advertising or other similar productions, a production for purposes
of political advocacy, or any production for which records are
required to be maintained under 18 U.S.C. 2257 with respect to
sexually explicit content.

(6)
"Broadway theatrical production" means a prebroadway
production, long run production, or tour launch that is directed,
managed, and performed by a professional cast and crew and that is
directly associated with New York city's broadway theater district.

(7)
"Prebroadway production" means a live stage production that
is scheduled for presentation in New York city's broadway theater
district after the original or adaptive version is performed in a
qualified production facility.

(8)
"Long run production" means a live stage production that is
scheduled to be performed at a qualified production facility for more
than five weeks, with an average of at least six performances per
week.

(9)
"Tour launch" means a live stage production for which the
activities comprising the technical period are conducted at a
qualified production facility before a tour of the original or
adaptive version of the production begins.

(10)
"Qualified production facility" means a facility located in
this state that is used in the development or presentation to the
public of theater productions.

(11)
"Investment intent letter" means a letter that satisfies
all of the following:

(a)
Is executed on official letterhead of the qualifying company,
investor, or investment entity;

(b)
Clearly states the amount of investment being committed;

(c)
Specifies the date on which the investment is to be made available;

(d)
Identifies the motion picture or broadway theatrical production to
which the funds are allocated.

(B)
For the purpose of encouraging and developing strong film and theater
industries in this state, the director of development may certify a
motion picture or broadway theatrical production produced by a

production

qualifying

company
as a tax credit-eligible production. In the case of a television
series, the director may certify the production of each episode of
the series as a separate tax credit-eligible production. A
production

qualifying

company
shall apply for certification of a motion picture or broadway
theatrical production as a tax credit-eligible production on a form
and in the manner prescribed by the director. Each application shall
include the following information:

(1)
The name and telephone number of the
production

qualifying

company;

(2)
The name and telephone number of the company's contact person;

(3)
A list of the first preproduction date through the last production
and postproduction dates in Ohio and, in the case of a broadway
theatrical production, a list of each scheduled performance in a
qualified production facility;

(4)
The Ohio production office or qualified production facility address
and telephone number;

(5)
The total production budget;

(6)
The total budgeted eligible expenditures and the percentage that
amount is of the total production budget of the motion picture or
broadway theatrical production;

(7)
In the case of a motion picture, the total percentage of the
production being shot in Ohio;

(8)
The level of employment of cast and crew who reside in Ohio;

(9)
A synopsis of the script;

(10)
In the case of a motion picture, the shooting script;

(11)
A creative elements list that includes the names of the principal
cast and crew and the producer and director;

(12)
Documentation of financial ability to undertake and complete the
motion picture or broadway theatrical production, including
documentation that shows that the company has secured funding equal
to at least fifty per cent of the total production budget
,
which may be in the form of an investment intent letter
;

(13)
Estimated value of the tax credit based upon total budgeted eligible
expenditures;

(14)
Estimated amount of state and local taxes to be generated in this
state from the production;

(15)
Estimated economic impact of the production in this state;

(16)
Any other information considered necessary by the director.

Within
ninety days after certification of a motion picture or broadway
theatrical production as a tax credit-eligible production, and any
time thereafter upon the request of the director, the
production

qualifying

company
shall present to the director sufficient evidence of reviewable
progress. If the
production

company
fails to present sufficient evidence, the director may rescind the
certification. If the production of a motion picture or broadway
theatrical production does not begin within ninety days after the
date it is certified as a tax credit-eligible production, the
director shall rescind the certification unless the director finds
that the
production

company
shows good cause for the delay, meaning that the production was
delayed due to unforeseeable circumstances beyond the
production

company's
control or due to action or inaction by a government agency. Upon
rescission, the director shall notify the applicant that the
certification has been rescinded. Nothing in this section prohibits
an applicant whose tax credit-eligible production certification has
been rescinded from submitting a subsequent application for
certification.

(C)(1)
A
production

qualifying

company
whose motion picture or broadway theatrical production has been
certified as a tax credit-eligible production may apply to the
director of development on or after July 1, 2009, for a refundable
credit against the tax imposed by section 5726.02, 5733.06, 5747.02,
or 5751.02 of the Revised Code. The director in consultation with the
tax commissioner shall prescribe the form and manner of the
application and the information or documentation required to be
submitted with the application.

The
credit is determined as follows:

(a)
If the total budgeted eligible expenditures stated in the application
submitted under division (B) of this section or the actual eligible
expenditures as finally determined under division (D) of this
section, whichever is least, is less than or equal to three hundred
thousand dollars, no credit is allowed;

(b)
If the total budgeted eligible expenditures stated in the application
submitted under division (B) of this section or the actual eligible
expenditures as finally determined under division (D) of this
section, whichever is least, is greater than three hundred thousand
dollars, the credit equals thirty per cent of the least of such
budgeted or actual eligible expenditure amounts.

(2)
Except as provided in division (C)(4) of this section, if the
director of development approves a
production

qualifying

company's
application for a credit, the director shall issue a tax credit
certificate to the company. The director in consultation with the tax
commissioner shall prescribe the form and manner of issuing
certificates. The director shall assign a unique identifying number
to each tax credit certificate and shall record the certificate in a
register devised and maintained by the director for that purpose. The
certificate shall state the amount of the eligible expenditures on
which the credit is based and the amount of the credit. Upon the
issuance of a certificate, the director shall certify to the tax
commissioner the name of the
production

qualifying

company
to which the certificate was issued, the amount of eligible
expenditures shown on the certificate, the amount of the credit, and
any other information required by the rules adopted to administer
this section.

(3)
The amount of eligible expenditures for which a tax credit may be
claimed is subject to inspection and examination by the tax
commissioner or employees of the commissioner under section 5703.19
of the Revised Code and any other applicable law. Once the eligible
expenditures are finally determined under section 5703.19 of the
Revised Code and division (D) of this section, the credit amount is
not subject to adjustment unless the director determines an error was
committed in the computation of the credit amount.

(4)
No tax credit certificate may be issued before the completion of the
tax credit-eligible production. The amount of tax credit allowed per
fiscal year
,
through fiscal year 2027,

shall not exceed the sum of
(a)

fifty
million dollars
,
(b) the difference between the maximum credit amount for that fiscal
year under section 122.852 of the Revised Code and the amount the
director of development elects to allow under this section pursuant
to division (D)(1) of section 122.852 of the Revised Code,

and
(c)

the
difference between the maximum amount of credits that could have been
awarded in the previous fiscal year under this section and the amount
actually awarded. Out of that sum, five million dollars shall be
reserved for broadway theatrical productions, and the balance may be
allowed for any tax credit-eligible production. For any fiscal year
in which less than five million dollars of tax credits are allowed
for broadway theatrical productions, the amount of the five million
dollars not allowed and added to the maximum annual amount for the
following fiscal year shall be reserved for broadway theatrical
productions in the following fiscal year.
No
amount of tax credit shall be allowed under this section after fiscal
year 2027 unless specifically authorized by an act of the general
assembly.

(5)
The director shall review and approve applications for tax credits
in
two rounds each fiscal year. The first round of credits shall be
awarded not later than the last day of July of the fiscal year, and
the second round of credits shall be awarded not later than the last
day of the ensuing January. The amount of credits awarded in the
first round of applications each fiscal year shall not exceed
one-half of the maximum allowance for the fiscal year calculated
under division (C)(4) of this section, two million five hundred
thousand dollars of which shall be reserved for broadway theatrical
productions. For each round, the director shall rank applications on
the basis of the extent of positive economic impact each tax
credit-eligible production is likely to have in this state and the
effect on developing a permanent workforce in motion picture or
theatrical production industries in the state. For the purpose of
such ranking, the
on
a rolling basis. The
director
shall give priority to tax-credit eligible productions that are
television series or miniseries due to the long-term commitment
typically associated with such productions.
The
economic impact ranking shall be based on the production company's
total expenditures in this state directly associated with the tax
credit-eligible production. The effect on developing a permanent
workforce in the motion picture or theatrical production industries
shall be evaluated first by the number of new jobs created and second
by amount of payroll added with respect to employees in this state.

The
director shall approve productions in the order of their ranking,
from those with the greatest positive economic impact and workforce
development effect to those with the least positive economic impact
and workforce development effect.

(D)
A
production

qualifying

company
whose motion picture or broadway theatrical production has been
certified as a tax credit-eligible production shall engage, at the
company's expense, an independent certified public accountant to
examine the company's production, postproduction, and advertising and
promotion expenditures to identify the expenditures that qualify as
eligible expenditures. The certified public accountant shall issue a
report to the company and to the director of development certifying
the company's eligible expenditures and any other information
required by the director. Upon receiving and examining the report,
the director may disallow any expenditure the director determines is
not an eligible expenditure. If the director disallows an
expenditure, the director shall issue a written notice to the

production

company
stating that the expenditure is disallowed and the reason for the
disallowance. Upon examination of the report and disallowance of any
expenditures, the director shall determine finally the lesser of the
total budgeted eligible expenditures stated in the application
submitted under division (B) of this section or the actual eligible
expenditures for the purpose of computing the amount of the credit.

(E)
No credit shall be allowed under section 5726.55, 5733.59, 5747.66,
or 5751.54 of the Revised Code unless the director has reviewed the
report and made the determination prescribed by division (D) of this
section.

(F)
This state reserves the right to refuse the use of this state's name
in the credits of any tax credit-eligible motion picture production
or program of any broadway theatrical production.

(G)(1)
The director of development in consultation with the tax commissioner
shall adopt rules for the administration of this section, including
rules setting forth and governing the criteria for determining
whether a motion picture or broadway theatrical production is a tax
credit-eligible production; activities that constitute the production
or postproduction of a motion picture or broadway theatrical
production; reporting sufficient evidence of reviewable progress;
expenditures that qualify as eligible expenditures; a schedule and
deadlines for applications to be submitted and reviewed; a
competitive process for approving credits based on likely economic
impact in this state and development of a permanent workforce in
motion picture or theatrical production industries in this state;
consideration of geographic distribution of credits; and
implementation of the program described in division (H) of this
section. The rules shall be adopted under Chapter 119. of the Revised
Code.

(2)
To cover the administrative costs of the program, the director shall
require each applicant to pay an application fee equal to the lesser
of ten thousand dollars or one per cent of the estimated value of the
tax credit as stated in the application. The fees collected shall be
credited to the tax incentives operating fund created in section
122.174 of the Revised Code. All grants, gifts, fees, and
contributions made to the director for marketing and promotion of the
motion picture industry within this state shall also be credited to
the fund.

(H)
The director of development shall establish a program for the
training of Ohio residents who are or wish to be employed in the film
or multimedia industry. Under the program, the director shall:

(1)
Certify individuals as film and multimedia trainees. In order to
receive such a certification, an individual must be an Ohio resident,
have participated in relevant on-the-job training or have completed a
relevant training course approved by the director, and have met any
other requirements established by the director.

(2)
Accept applications from
production

qualifying

companies
that intend to hire and provide on-the-job training to one or more
certified film and multimedia trainees who will be employed in the
company's tax credit-eligible production;

(3)
Upon completion of a tax-credit eligible production, and upon the
receipt of any salary information and other documentation required by
the director, authorize a reimbursement payment to each
production

qualifying

company
whose application was approved under division (H)(2) of this section.
The payment shall equal fifty per cent of the salaries paid to film
and multimedia trainees employed in the production.

Sec.
122.86.
(A)
As used in this section and section 5747.81 of the Revised Code:

(1)
"Small business enterprise" means a corporation,
pass-through entity, or other person satisfying all of the following:

(a)
At the time of a qualifying investment, the enterprise meets all of
the following requirements:

(i)
Has no outstanding tax or other liabilities owed to the state;

(ii)
Is in good standing with the secretary of state, if the enterprise is
required to be registered with the secretary;

(iii)
Is current with any court-ordered payments;

(iv)
Is not engaged in any illegal activity.

(b)
At the time of a qualifying investment, the enterprise's assets
according to generally accepted accounting principles do not exceed
fifty million dollars, or its annual sales do not exceed ten million
dollars. When making this determination, the assets and annual sales
of all of the enterprise's related or affiliated entities shall be
included in the calculation.

(c)
At the time of a qualifying investment and for the two-year period
immediately preceding the qualifying investment, the enterprise
employs at least fifty full-time equivalent employees in this state
for whom the enterprise is required to withhold income tax under
section 5747.06 of the Revised Code, or more than one-half the
enterprise's total number of full-time equivalent employees employed
anywhere in the United States are employed in this state and are
subject to that withholding requirement.

(d)
The enterprise, within six months after an eligible investor's
qualifying investment is made, incurs cost for one or more of the
following:

(i)
Tangible personal property, other than motor vehicles operated on
public roads and highways, used in business and physically located in
this state from the time of its acquisition by the enterprise until
the end of the investor's holding period, including the installation
of such tangible personal property;

(ii)
Motor vehicles operated on public roads and highways if, from the
time of acquisition by the enterprise until the end of the investor's
holding period, the motor vehicles are purchased in this state,
registered in this state under Chapter 4503. of the Revised Code, are
used primarily for business purposes, and are necessary for the
operation of the enterprise's business;

(iii)
Real property located in this state that is used in the business from
the time of its acquisition by the enterprise until the end of the
holding period;

(iv)
Leasehold improvements and construction costs for property located in
this state that is used in the business from the time its improvement
or construction was completed until the end of the holding period;

(v)
Compensation for new employees of the enterprise hired after the date
the qualifying investment is made for whom the enterprise is required
to withhold income tax under section 5747.06 of the Revised Code.

(2)
"Qualifying investment" means an investment of money made

on
or after July 1, 2019,
to
acquire capital stock or other equity interest in a small business
enterprise. "Qualifying investment" does not include either
of the following:

(a)
Any investment of money an eligible investor derives, directly or
indirectly, from a grant or loan from the federal government or the
state or a political subdivision, including the third frontier
program under Chapter 184. of the Revised Code;

(b)
Any investment of money which is the basis of a tax credit granted
under any other section of the Revised Code.

(3)
"Eligible investor" means an individual, estate, or trust
subject to the tax imposed by section 5747.02 of the Revised Code, or
a pass-through entity in which such an individual, estate, or trust
holds a direct or indirect ownership or other equity interest. To
qualify as an eligible investor, the individual, estate, trust, or
pass-through entity shall not owe any outstanding tax or other
liability to the state at the time of a qualifying investment.

(4)
"Holding period" means the two-year period beginning on the
day a qualifying investment is made.

(5)
"Pass-through entity" has the same meaning as in section
5733.04 of the Revised Code.

(B)
An eligible investor that makes a qualifying investment in a small
business enterprise on or after July 1, 2019,
but
on or before November 3, 2025,
may
apply to the director of development
services

to
obtain an allocation for a small business investment certificate from
the director. Alternatively, a small business enterprise may apply on
behalf of eligible investors to obtain the allocation for those
investors. The application must be submitted to the director within
sixty days after the date of the qualifying investment, but within
the same biennium as the qualifying investment. The director, in
consultation with the tax commissioner, shall prescribe the form or
manner in which an applicant shall apply for the certificate, devise
the form of the certificate, and prescribe any records or other
information an applicant shall furnish with the application to
evidence the qualifying investment. The applicant shall pay an
application fee equal to the greater of one-tenth of one per cent of
the amount of the intended investment or one hundred dollars.

The
director
of
development services
may
reserve small business investment allocations to qualifying
applicants in the order in which the director receives applications.
An application is completed when the director has validated that an
eligible investor has made a qualified investment and receives all
required documentation needed to demonstrate the small business
enterprise satisfies the requirements of division (A)(1) of this
section. To qualify for an allocation, an eligible investor must
satisfy both of the following, subject to the limitation on the
amount of qualifying investments for which allocations may be issued
under division (C) of this section:

(1)
The eligible investor makes a qualifying investment on or after July
1, 2019
,
but on or before November 3, 2025
.

(2)
The eligible investor pledges not to sell or otherwise dispose of the
qualifying investment before the conclusion of the applicable holding
period.

(C)(1)
The amount of any eligible investor's qualifying investments for
which small business investment allocations may be issued for a
fiscal biennium shall not exceed ten million dollars.

(2)
The director
of
development services
shall
not issue a small business investment allocation to an eligible
investor representing an amount of qualifying investment in excess of
the amount of the investment indicated on the investor's application.

(3)
For any fiscal biennium beginning before July 1, 2019, the director

of
development services
shall
not issue small business investment allocations in a total amount
that would cause the tax credits claimed in that biennium to exceed
one hundred million dollars. For any fiscal biennium beginning on or
after July 1, 2019, the director shall not issue small business
investment allocations in a total amount that would cause the tax
credits claimed in that biennium to exceed fifty million dollars.

(4)
The director
of
development services
may
issue a small business investment allocation only if both of the
following apply at the time of issuance:

(a)
The small business enterprise meets all the requirements listed in
divisions (A)(1)(a)(i) to (iv) of this section;

(b)
The eligible investor does not owe any outstanding tax or other
liability to the state.

(5)
The director shall not issue a small business investment allocation
on the basis of any investment for which an Ohio opportunity zone
investment certificate has been issued under section 122.84 of the
Revised Code.

(D)
Before the end of the applicable holding period of a qualifying
investment, each enterprise in which a qualifying investment was made
for which a small business investment allocation has been issued,
upon the request of the director
of
development services
,
shall provide to the director records or other evidence satisfactory
to the director that the enterprise is a small business enterprise
for the purposes of this section. Each enterprise shall also provide
annually to the director records or evidence regarding the number of
jobs created or retained in the state. The director shall compile and
maintain a register of small business enterprises qualifying under
this section and shall certify the register to the tax commissioner.
The director shall also compile and maintain a record of the number
of jobs created or retained as a result of qualifying investments
made pursuant to this section.

(E)
After the conclusion of the applicable holding period for a
qualifying investment, a person to whom a small business investment
allocation has been issued under this section shall receive a small
business investment certification, which entitles the person to claim
a credit as provided under section 5747.81 of the Revised Code.
However, no certificate may be issued if the director finds that any
requirement under this section is not met.

(F)
The director

of
development services
,
in consultation with the tax commissioner, may adopt rules for the
administration of this section, including rules governing the
following:

(1)
Documents, records, or other information eligible investors shall
provide to the director;

(2)
Any information a small business enterprise shall provide for the
purposes of this section and section 5747.81 of the Revised Code;

(3)
Determination of the number of full-time equivalent employees of a
small business enterprise;

(4)
Verification of a small business enterprise's investment;

(5)
Circumstances under which small business enterprises or eligible
investors may be subverting the purposes of this section and section
5747.81 of the Revised Code.

(G)
Application fees paid under division (B) of this section shall be
credited to the tax incentives operating fund created in section
122.174 of the Revised Code.

Sec.
122.97.
(A)
The director of development may allocate the state ceiling on the
aggregate amount of private activity bonds issued in this state as
provided in 26 U.S.C. 146. The allocation shall be made pursuant to
rules the director adopts in accordance with Chapter 119. of the
Revised Code that do all of the following:

(1)
Provide a formula for allocating the state ceiling, as authorized
under 26 U.S.C. 146(e);

(2)
Authorize procedures to administer those allocations;

(3)
Impose fees on persons to which such allocations are issued;

(4)
Establish any other requirements, processes, or procedures to
administer the state ceiling.

(B)
The development volume cap fund is created in the custody of the
treasurer of state, but is not part of the state treasury. The fund
shall consist of all fees paid by issuers receiving state ceiling
allocations. Funds may be used to pay the department of development's
costs in administering ceiling allocations. The treasurer of state
shall disburse money from the fund on order of the director of
development. All interest and investment income earned by the fund
shall be deposited into the fund.

Sec.
122.98.
(A)
The general assembly finds that access to affordable housing in rural
areas is an important part of fostering a robust and lasting
population. Accordingly, it is declared to be the public policy of
the state to increase the availability of single-family homes in the
rural areas through the residential development revolving loan
program, administered by the department of development.

(B)
An eligible borrower for a residential development loan is a county,
or a township or municipal corporation that is fully or partially
located in a county, that meets both of the following:

(1)
Has a population of not more than seventy-five thousand according to
the most recent federal decennial census published by the United
States census bureau;

(2)
The number of privately owned housing units authorized by building
permit in the preceding calendar year, according to the most recent
data provided by the United States census bureau, is less than the
average number of private housing units authorized by building permit
for counties in this state over the same period.

(C)
An eligible borrower shall use the proceeds of a residential
development loan exclusively to develop, repair, or upgrade water,
sewer, transportation, electric, or gas infrastructure needed for the
construction of single-family, residential dwellings that are part of
a residential development project. An eligible borrower shall not use
any portion of the proceeds for routine infrastructure maintenance or
for developments, repairs, or upgrades that exceed the projected
requirements of the residential development project.

(D)
The department shall not approve an application for a residential
development loan unless the eligible borrower demonstrates, to the
satisfaction of the department, that the residential development
project served by the infrastructure developments, repairs, or
upgrades meets all of the following:

(1)
Is fully located in a county that meets the criteria prescribed by
divisions (B)(1) and (2) of this section;

(2)
Has a net density of at least four single-family, residential
dwellings per acre;

(3)
Is zoned exclusively for single-family, residential use;

(4)
Does not currently, and will not upon its completion, include a
qualified low-income building that receives a tax credit under 26
U.S.C. 42.

(E)
An eligible borrower shall, at minimum, include all of the following
in the loan application:

(1)
A description of the infrastructure developments, repairs, or
upgrades to be funded by the loan and an estimate of the total cost
to complete those developments, repairs, or upgrades;

(2)
The loan amount requested by the eligible borrower, which shall not
exceed either of the following amounts:

(a)
Fifty per cent of the total cost of the infrastructure developments,
repairs, or upgrades;

(b)
Thirty thousand dollars per single-family, residential dwelling
included in the residential development project served by the
developments, repairs or upgrades.

(3)
Documentation sufficient to prove, to the satisfaction of the
department, all of the following:

(a)
That the applicant is an eligible borrower under division (B) of this
section;

(b)
That the infrastructure developments, repairs, or upgrades meet the
requirements under division (C) of this section;

(c)
That the residential development project served by those
developments, repairs, or upgrades meets the requirements under
division (D) of this section.

(4)
The proposed or recorded plot of the subdivision that is the basis of
the development project.

(5)
Certification that the eligible borrower agrees to comply with all
provisions of this section.

(F)
The department shall accept applications and make low-interest loans
under this section on a rolling basis whenever funding is available.
The department shall begin accepting applications for the first round
of loans not later than January 1, 2026.

(G)
The department shall not establish or levy any fees on loan
applicants or recipients.

(H)
An eligible borrower that receives a loan under this section shall do
all of the following:

(1)
Exempt the residential development project served by the
infrastructure developments, repairs, or upgrades, from both of the
following:

(a)
Any building or road standards of the eligible borrower that are more
stringent than those prescribed by state law;

(b)
Ordinances, resolutions, rules, or restrictions of the eligible
borrower concerning any of the following:

(i)
Minimum square footage for residential dwellings;

(ii)
Off-street parking;

(iii)
The existence, size, or placement of a garage.

(2)
Complete any required traffic reviews or studies for the residential
development project within forty-five days after receiving the loan;

(3)
Provide a quarterly report to the director on the status of the work
funded by the loan;

(4)
Repay the principal and interest of the loan in accordance with terms
specified by the department.

(I)
The director shall develop and utilize scoring metrics in
prioritizing applications, determining whether to approve
low-interest loans, and determining the amount of such loans. The
metrics must meet all of the following requirements:

(1)
Give higher priority to projects in locations with greater housing
need and lack of private housing investment;

(2)
Consider the potential economic impact of the project and the
regional distributive balance of the loans;

(3)
Not consider whether the project is located in an economically
distressed area, including by weighting preference based on the
poverty rate in the jurisdiction or census tract in which the project
is located.

(J)
The interest rate for loans made under the program shall be the
effective federal funds rate in effect at the time of the loan
agreement. The department shall credit all principal, interest, and
fees paid under this section by an eligible borrower to the
residential development revolving loan fund created under section
122.981 of the Revised Code.

Sec.
122.981.
There
is hereby created in the state treasury the residential development
revolving loan fund. The fund shall consist of appropriations by the
general assembly, money received as repayment for loans under section
122.98 of the Revised Code, fees collected in accordance with that
section, and any other money transferred to the fund. All investment
earnings of the fund shall be credited to the fund. The department of
development shall use money in the fund exclusively to make
low-interest loans under section 122.98 of the Revised Code and to
offset the expenditures incurred by the department in administering
that section. The aggregate amount of money used to offset the
department's expenditures in any fiscal year shall not exceed five
hundred thousand dollars.

Sec.
123.10.
(A)
As used in this section and section 123.11 of the Revised Code,
"public exigency" means an injury or obstruction that
occurs in any public works of the state and that materially impairs
its immediate use or places in jeopardy property adjacent to it; an
immediate danger of such an injury or obstruction; or an injury or
obstruction, or an immediate danger of an injury or obstruction, that
occurs in any public works of the state and that materially impairs
its immediate use or places in jeopardy property adjacent to it.

(B)
When a declaration of public exigency is issued pursuant to division
(C) of this section, the Ohio facilities construction commission
,
or the requesting director of the state agency, state institution of
higher education as defined in division (A)(1) of section 3345.12 of
the Revised Code, or other state instrumentality, as determined by
the executive director of the commission,

shall enter into contracts with proper persons for the performance of
labor, the furnishing of materials, or the construction of any
structures and buildings necessary to the maintenance, control, and
management of the public works of the state or any part of those
public works. Any contracts awarded for the work performed pursuant
to the declaration of a public exigency may be awarded without
competitive bidding or selection as set forth in Chapter 153. of the
Revised Code.

(C)
The executive director of the Ohio facilities construction commission
may issue a declaration of a public exigency on the executive
director's own initiative or upon the request of the director of any
state agency, a state institution of higher education as defined in
division (A)(1) of section 3345.12 of the Revised Code, or any other
state instrumentality. The executive director's declaration shall
identify the specific injury, obstruction, or danger that is the
subject of the declaration and shall set forth a dollar limitation
for the repair, removal, or prevention of that exigency under the
declaration.

Before
any project to repair, remove, or prevent a public exigency under the
executive director's declaration may begin, the executive director
shall send notice of the project, in writing, to the director of
budget and management and to the members of the controlling board.
That notice shall detail the project to be undertaken to address the
public exigency and shall include a copy of the executive director's
declaration that establishes the monetary limitations on that
project.

Sec.
123.14.
(A)
Every two years, the department of administrative services shall
conduct a comprehensive study and issue a report on all real property
owned or leased by the state or a state agency. The director of
administrative services shall deliver the report to the speaker of
the house of representatives, the president of the senate, and the
governor not later than the thirty-first day of January of every
odd-numbered year. The study shall include all of the following:

(1)
A complete list of all the real property owned by the state or a
state agency. The list shall be organized by who owns the real
property, which shall include information regarding the nature of the
real property, such as whether the real property includes structures,
whether any structure is office space, the value of the real
property, the cost of maintaining the real property, and what
percentage of the real property is used or unused by the state or
state agency.

(2)
A complete list of all the real property that the state or a state
agency rents or leases, but does not own, and the cost of renting or
leasing;

(3)
Which state agencies use the real property, whether owned or leased,
and the square footage that is used, versus not used, organized by
state agency;

(4)
How much of the real property identified in division (A)(3) of this
section would be used if all employees of that agency worked in
person, rather than remote.

(B)
As used in this section, "state agency" means every
organized body, office, or agency established by the laws of the
state for the exercise of any function of state government, including
the nonprofit corporation formed under section 187.01 of the Revised
Code, but not including the courts or any judicial agency, any
state-assisted institution of higher education, or any local agency.

Sec.
123.28.
As
used in this section and in
section

sections

123.281

to
123.283, except as otherwise provided in those sections,
of
the Revised Code:

(A)
"Culture" means any of the following:

(1)
Visual, musical, dramatic, graphic, design, and other arts,
including, but not limited to, architecture, dance, literature,
motion pictures, music, painting, photography, sculpture, and
theater, and the provision of training or education in these arts;

(2)
The presentation or making available, in museums or other indoor or
outdoor facilities, of principles of science and their development,
use, or application in business, industry, or commerce or of the
history, heritage, development, presentation, and uses of the arts
described in division (A)(1) of this section and of transportation;

(3)
The preservation, presentation, or making available of features of
archaeological, architectural, environmental, or historical interest
or significance in a state historical facility or a local historical
facility.

(B)
"Cultural organization" means either of the following:

(1)
A governmental agency or Ohio nonprofit corporation, including the
Ohio history connection, that provides programs or activities in
areas directly concerned with culture;

(2)
A regional arts and cultural district as defined in section 3381.01
of the Revised Code.

(C)
"Cultural project" means all or any portion of an Ohio
cultural facility for which the general assembly has made an
appropriation or has specifically authorized the spending of money or
the making of rental payments relating to the financing of
construction.

(D)
"Cooperative use agreement" means a contract between the
Ohio facilities construction commission and a cultural organization
providing the terms and conditions of the cooperative use of an Ohio
cultural facility.

(E)
"Costs of operation" means amounts required to manage an
Ohio cultural facility that are incurred following the completion of
construction of its cultural project, provided that both of the
following apply:

(1)
Those amounts either:

(a)
Have been committed to a fund dedicated to that purpose;

(b)
Equal the principal of any endowment fund, the income from which is
dedicated to that purpose.

(2)
The commission and the cultural organization have executed an
agreement with respect to either of those funds.

(F)
"Governmental agency" means a state agency, a state
institution of higher education as defined in section 3345.12 of the
Revised Code, a municipal corporation, county, township, or school
district, a port authority created under Chapter 4582. of the Revised
Code, any other political subdivision or special district in this
state established by or pursuant to law, or any combination of these
entities; except where otherwise indicated, the United States or any
department, division, or agency of the United States, or any agency,
commission, or authority established pursuant to an interstate
compact or agreement.

(G)
"Local contributions" means the value of an asset provided
by or on behalf of a cultural organization from sources other than
the state, the value and nature of which shall be approved by the
Ohio facilities construction commission, in its sole discretion.
"Local contributions" may include the value of the site
where a cultural project is to be constructed. All "local
contributions," except a contribution attributable to such a
site, shall be for the costs of construction of a cultural project or
the creation or expansion of an endowment for the costs of operation
of a cultural facility.

(H)
"Local historical facility" means a site or facility, other
than a state historical facility, of archaeological, architectural,
environmental, or historical interest or significance, or a facility,
including a storage facility, appurtenant to the operations of such a
site or facility, that is owned by a cultural organization and is
used for or in connection with cultural activities, including the
presentation or making available of culture to the public.

(I)
"Manage," "operate," or "management"
means the provision of, or the exercise of control over the provision
of, activities:

(1)
Relating to culture for an Ohio cultural facility, including as
applicable, but not limited to, providing for displays, exhibitions,
specimens, and models; booking of artists, performances, or
presentations; scheduling; and hiring or contracting for directors,
curators, technical and scientific staff, ushers, stage managers, and
others directly related to the cultural activities in the facility;
but not including general building services;

(2)
Relating to sports and athletic events for an Ohio sports facility,
including as applicable, but not limited to, providing for booking of
athletes, teams, and events; scheduling; and hiring or contracting
for staff, ushers, managers, and others directly related to the
sports and athletic events in the facility; but not including general
building services.

(J)
"Ohio cultural facility" means any of the following:

(1)
The theaters located in the state office tower at 77 South High
street in Columbus;

(2)
Any cultural facility in this state that is managed directly by, or
is subject to a cooperative use or management agreement with, the
Ohio facilities construction commission.

(3)
A state historical facility or a local historical facility.

(K)
"Construction" includes acquisition, including acquisition
by lease-purchase, demolition, reconstruction, alteration,
renovation, remodeling, enlargement, improvement, site improvements,
and related equipping and furnishing.

(L)
"State historical facility" means a site or facility that
has all of the following characteristics:

(1)
It is created, supervised, operated, protected, maintained, and
promoted by the Ohio history connection pursuant to the Ohio history
connection's performance of public functions under sections 149.30
and 149.302 of the Revised Code.

(2)
Its title must reside wholly or in part with the state, the Ohio
history connection, or both the state and the Ohio history
connection.

(3)
It is managed directly by or is subject to a cooperative use or
management agreement with the Ohio facilities construction commission
and is used for or in connection with cultural activities, including
the presentation or making available of culture to the public.

(M)
"Ohio sports facility" means all or a portion of a stadium,
arena, tennis facility, motorsports complex, or other capital
facility in this state. A primary purpose of the facility shall be to
provide a site or venue for the presentation to the public of
motorsports events, professional tennis tournaments, or events of one
or more major or minor league professional athletic or sports teams
that are associated with the state or with a city or region of the
state. The facility shall be, in the case of a motorsports complex,
owned by the state or governmental agency, or in all other instances,
owned by or located on real property owned by the state or a
governmental agency, and includes all parking facilities, walkways,
and other auxiliary facilities, equipment, furnishings, and real and
personal property and interests and rights therein, that may be
appropriate for or used for or in connection with the facility or its
operation, for capital costs of which state funds are spent pursuant
to this section and section 123.281 of the Revised Code. A facility
constructed as an Ohio sports facility may be both an Ohio cultural
facility and an Ohio sports facility.

(N)
"Motorsports" means sporting events in which motor vehicles
are driven on a clearly demarcated tracked surface.

(O)
"Professional sports franchise" means a member of the
following professional sports leagues: the national football league,
women's national football conference, women's football alliance,
women's football league association, national hockey league,
professional women's hockey league, major league baseball, women's
professional baseball league, major league soccer, national women's
soccer league, national basketball association, or the women's
national basketball association, or a successor of such an entity.

(P)
"Major sports facility" means a stadium, arena, complex, or
other facility that a governmental agency owns, will own, or has or
will have a sufficient ownership interest in, the primary purpose of
which is to provide a site or venue for the presentation of home
games of a professional sports franchise for a period of at least
thirty years after completion of the construction of the stadium,
arena, complex, or other facility.

(Q)
"Transformational major sports facility mixed-use project"
means the following, as applicable:

(1)
A mixed-use project that meets all of the following criteria:

(a)
Includes the construction of a major sports facility;

(b)
Integrates some combination of retail, office, hotel, residential,
recreation, structured parking, or other similar uses into one or
more mixed-use developments;

(c)
Is expected to generate incremental state tax revenues pursuant to
state taxes levied under Chapters 5739., 5741., 5747., and 5751. of
the Revised Code;

(d)
Has an initial total estimated construction cost, excluding any site
acquisition cost, that is greater than one billion dollars.

(2)
In addition to the criteria under division (Q)(1) of this section, a
transformational major sports facility mixed-use project may include
any of the following:

(a)
Other projects supporting or relating to the major sports facility or
the professional sports franchise constructing or using the major
sports facility;

(b)
Any mixed-use project adjacent or otherwise relating to practice
facilities for the professional sports franchise;

(c)
Conference centers, concert, or other entertainment venues and
facilities;

(d)
Retail, food, restaurant, and beverage facilities, whether fixed or
mobile;

(e)
Parks and other public open spaces or facilities;

(f)
Related on-site infrastructure necessary or desirable for all such
elements for the transformational major sports facility mixed-use
project.

(R)
"Transformational major sports facility mixed-use project
district" means the geographic area encompassing, and including
all of the area within the territorial boundaries of, the land upon
which the transformational major sports facility mixed-use project is
located, as determined by the office of budget and management, in
consultation with the department of taxation, the Ohio facilities
construction commission, and any applicable county or municipal
offices in accordance with division (H)(5)(e) of section 123.281 of
the Revised Code.

(S)
"Base professional sports franchise state tax revenues"
means an amount or calculation either established by the general
assembly or equal to all state tax revenues generated pursuant to
state taxes levied under Chapters 5739., 5741., 5747., and 5751. of
the Revised Code that are attributable to the professional sports
franchise and its operations at the professional sports franchise's
existing facility, and collected by the department of taxation in the
calendar year occurring immediately before the calendar year in which
the professional sports franchise plays its initial regular season
home game in the major sports facility, which shall be increased by
three and one-half per cent per year each calendar year for up to
sixteen years thereafter.

(T)
"Total major sports facility mixed-use project district state
tax revenues" means the total aggregate state tax revenue
generated in the territory of a transformational major sports
facility mixed-use project district pursuant to state taxes levied
under Chapters 5739., 5741., 5747., and 5751. of the Revised Code
beginning in the calendar year in which a performance grant is
eligible for disbursement under an appropriation and for sixteen
years thereafter. Total major sports facility mixed-use project
district state tax revenues also includes the following:

(1)
State tax revenues attributable to the construction of, and the
purchasing of or leasing of materials and items used in the
construction of, a transformational major sports facility mixed-use
project district beginning in the calendar year in which the
performance grant is eligible for disbursement under an
appropriation;

(2)
The professional sports franchise and its operations at the major
sports facility.

(U)
"Incremental major sports facility mixed-use project district
state tax revenues" means the amount of state tax revenues
received by the state determined by subtracting base professional
sports franchise state tax revenues, as calculated for a given
calendar year including any required three and one-half per cent
annual increase, from total major sports facility mixed-use project
district state tax revenues for such year.

(V)
"Total incremental major sports facility mixed-use project
district state tax revenues" means the aggregate amount of
incremental major sports facility mixed-use district state tax
revenues beginning in the calendar year in which a performance grant
is eligible for disbursement under an appropriation and for sixteen
years thereafter.

(W)
"Affiliate" means a person that directly, or indirectly
through one or more intermediaries, controls, is controlled by, is
under common control with, or acts in concert with, or is a
participant in a joint venture, partnership, consortium, or similar
business arrangement with, a professional sports franchise or owner.

(X)
"Owner" means a person that has a controlling ownership
interest in a professional sports franchise.

(Y)
"Person" means one or more individuals, receivers,
assignees, trustees in bankruptcy, estates, firms, limited liability
companies, partnerships, associations, joint-stock companies, joint
ventures, clubs, societies, corporations, and combinations of
individuals in any form.

Sec.
123.281.
(A)
The Ohio facilities construction commission shall provide for the
construction of a cultural project in conformity with Chapter 153. of
the Revised Code, except for construction services provided on behalf
of the state by a governmental agency or a cultural organization in
accordance with divisions (B) and (C) of this section.

(B)
In order for a governmental agency or a cultural organization to
provide construction services on behalf of the state for a cultural
project, other than a state historical facility, for which the
general assembly has made an appropriation or specifically authorized
the spending of money or the making of rental payments relating to
the financing of the construction, the governmental agency or
cultural organization shall submit to the Ohio facilities
construction commission a cooperative use agreement that includes,
but is not limited to, provisions that:

(1)
Specify how the proposed project will support culture;

(2)
Specify that the governmental agency or cultural organization has
local contributions amounting to not less than fifty per cent of the
total state funding for the cultural project;

(3)
Specify that the funds shall be used only for construction;

(4)
Identify the facility to be constructed, renovated, remodeled, or
improved;

(5)
Specify that the project scope meets the intent and purpose of the
project appropriation and that the project can be completed and ready
to support culture without exceeding appropriated funds;

(6)
Specify that the governmental agency or cultural organization shall
hold the Ohio facilities construction commission harmless from all
liability for the operation and maintenance costs of the facility;

(7)
Specify that the agreement or any actions taken under it are not
subject to Chapter 123. or 153. of the Revised Code, except for
sections 123.20, 123.201, 123.21, 123.28, 123.281, and 153.011 of the
Revised Code, and are subject to Chapter 4115. of the Revised Code;
and

(8)
Provide that amendments to the agreement shall require the approval
of the Ohio facilities construction commission.

(C)
In order for a cultural organization to provide construction services
on behalf of the state for a state historical facility for which the
general assembly has made an appropriation or specifically authorized
the spending of money or the making of rental payments relating to
the financing of the construction, the cultural organization shall
submit to the Ohio facilities construction commission a cooperative
use agreement that includes, but is not limited to, provisions that:

(1)
Specify how the proposed project will support culture;

(2)
Specify that the funds shall be used only for construction;

(3)
Specify that not more than three per cent of the funds may be used by
the cultural organization to administer the project;

(4)
Identify the facility to be constructed, renovated, remodeled, or
improved;

(5)
Specify that the project scope meets the intent and purpose of the
project appropriation and that the project can be completed and ready
to support culture without exceeding appropriated funds;

(6)
Specify that the cultural organization shall hold the Ohio facilities
construction commission harmless from all liability for the operation
and maintenance costs of the facility;

(7)
Specify that the agreement or any actions taken under it are not
subject to Chapter 123., 153., or 4115. of the Revised Code, except
for sections 123.20, 123.201, 123.21, 123.28, and 123.281 of the
Revised Code; and

(8)
Provide that amendments to the agreement shall require the approval
of the Ohio facilities construction commission.

(D)
For an Ohio sports facility that is financed in part by obligations
issued under Chapter 154. of the Revised Code, construction services
shall be provided on behalf of the state by or at the direction of
the governmental agency or nonprofit corporation that will own or be
responsible for the management of the facility. Any construction
services to be provided by a governmental agency or nonprofit
corporation shall be specified in a cooperative use agreement between
the Ohio facilities construction commission and the governmental
agency or nonprofit corporation. The agreement and any actions taken
under it are not subject to Chapter 123. or 153. of the Revised Code,
except for sections 123.20, 123.201, 123.21, 123.28, 123.281, and
153.011 of the Revised Code, and are subject to Chapter 4115. of the
Revised Code.

(E)

State

Except
as provided in division (H) of this section and section 123.283 of
the Revised Code, state
funds
shall not be used to pay or reimburse more than fifteen per cent of
the initial estimated construction cost of an Ohio sports facility,
excluding any site acquisition cost, and no state funds, including
any state bond proceeds, shall be spent on any Ohio sports facility
under this chapter unless, with respect to that facility, all of the
following apply:

(1)
The Ohio facilities construction commission has received a financial
and development plan satisfactory to it, and provision has been made,
by agreement or otherwise, satisfactory to the commission, for a
contribution amounting to not less than eighty-five per cent of the
total estimated construction cost of the facility, excluding any site
acquisition cost, from sources other than the state.

(2)
The general assembly has specifically authorized the spending of
money on, or made an appropriation for, the construction of the
facility, or for rental payments relating to state financing of all
or a portion of the costs of constructing the facility. Authorization
to spend money, or an appropriation, for planning or determining the
feasibility of or need for the facility does not constitute
authorization to spend money on, or an appropriation for, costs of
constructing the facility.

(3)
If state bond proceeds are being used for the Ohio sports facility,
the state or a governmental agency owns or has sufficient property
interests in the facility or in the site of the facility or in the
portion or portions of the facility financed from proceeds of state
bonds, which may include, but is not limited to, the right to use or
to require the use of the facility for the presentation of sport and
athletic events to the public at the facility.

(F)
In addition to the requirements of division (E) of this section, no
state funds, including any state bond proceeds, shall be spent on any
Ohio sports facility that is a motorsports complex, unless, with
respect to that facility, both of the following apply:

(1)
Motorsports events shall be presented at the facility pursuant to a
lease entered into with the owner of the facility. The term of the
lease shall be for a period of not less than the greater of the
useful life of the portion of the facility financed from proceeds of
state bonds as determined using the guidelines for maximum maturities
as provided under divisions (B) and (C) of section 133.20 of the
Revised Code, or the period of time remaining to the date of payment
or provision for payment of outstanding state bonds allocable to
costs of the facility, all as determined by the director of budget
and management and certified by the executive director of the Ohio
facilities construction commission and to the treasurer of state.

(2)
Any motorsports organization that commits to using the facility for
an established period of time shall give the political subdivision in
which the facility is located not less than six months' advance
notice if the organization intends to cease utilizing the facility
prior to the expiration of that established period. Such a
motorsports organization shall be liable to the state for any state
funds used on the construction costs of the facility.

(G)
In addition to the requirements of division (E) of this section, no
state bond proceeds shall be spent on any Ohio sports facility that
is a tennis facility, unless the owner or manager of the facility
provides contractual commitments from a national or international
professional tennis organization in a form acceptable to the Ohio
facilities construction commission that assures that one or more
sanctioned professional tennis events will be presented at the
facility during each year that the bonds remain outstanding.

(H)
State funds may be used as a performance grant to pay or reimburse up
to twenty-five per cent of the initial estimated construction cost
for a major sports facility if all of the following criteria are met:

(1)
The major sports facility upon completion will be a part of a
transformational major sports facility mixed-use project.

(2)
The office of budget and management in consultation with the Ohio
facilities construction commission has received a financial and
development plan that satisfies the requirements of this section, and
includes a contribution amounting to not less than seventy-five per
cent of the total initial estimated construction cost of the major
sports facility, excluding any site acquisition cost, from sources
other than the state's performance grant, including a contribution
from the professional sports franchise that plans to use the
facility, or the owner or an authorized affiliate, of at least fifty
per cent of the total estimated construction cost of the major sports
facility.

(3)
The general assembly has specifically authorized, or made an
appropriation for, the performance grant to aid in the construction
of the major sports facility, provided that the grant's authorization
or appropriation does not include planning or determining the
feasibility of or need for the major sports facility as a cost of
constructing the major sports facility. The performance grant is not
subject to the review or authorization of the controlling board, and
upon the office of budget and management's receipt of the escrow
amount and of a certification of funds or other requisite proof the
supplemental reserve amount has been established in accordance with
division (H)(4) of this section, is eligible for disbursement in full
or in part, for the payment or reimbursement of construction costs
for the major sports facility, without regard to the other sources of
contribution for the costs of construction of the major sports
facility as described in division (H)(2) of this section and not on a
pro rata basis. The state shall not incur debt to fund or assist a
major sports facility receiving a performance grant under this
section.

(4)(a)
The professional sports franchise planning to use the facility, or
the owner or an authorized affiliate, has executed and filed with the
office of budget and management an escrow amount equal to eight and
one-third per cent of the total amount of the performance grant
appropriated for the project, which shall be deposited in an
interest-bearing account maintained within the state treasury,
nonrefundable disbursements from which shall be as described in
division (H)(5) of this section. Whatever remains of the amount in
escrow after the sixteen-year period, including any interest earnings
thereon, shall be returned to the professional sports franchise,
owner, or affiliate upon certification by the office of budget and
management, in consultation with the department of taxation, that the
total incremental major sports facility mixed-use project district
state tax revenues have achieved all required target amounts as
described in division (H)(5) of this section.

(b)
The professional sports franchise planning to use the facility, or
the owner or an authorized affiliate, shall establish a supplemental
reserve, which may take the form of a line of credit or other
commercially reasonable type of certifiable and available liquidity,
in an amount equal to the initial escrow account deposit required by
division (H)(4)(a) of this section. The supplemental reserve shall be
available to be drawn upon in accordance with division (H)(5)(c) of
this section. The supplemental reserve shall not be required to be
replenished if drawn upon in accordance with division (H)(5) of this
section.

(5)
The professional sports franchise planning to use the facility, or
the owner or an authorized affiliate, has entered into an agreement
with the office of budget and management that complies with this
section and specifies all of the following:

(a)
The incremental major sports facility mixed-use project district
state tax revenues meet target amounts, as determined by the office
of budget and management, in consultation with the Ohio facilities
construction commission and the department of taxation, the total
amount of which collected over a sixteen-year period equals or
exceeds the amount of the performance grant appropriated to the
project. The target amounts shall be as follows:

(i)
For the first four full calendar years beginning in the year in which
the performance grant is eligible for disbursement under an
appropriation, ten per cent of the total appropriated amount;

(ii)
For the second four-year period, twenty-six per cent of the total
appropriated amount;

(iii)
For the third four-year period, thirty-two per cent of the total
appropriated amount;

(iv)
For the fourth four-year period, thirty-two per cent of the total
appropriated amount.

(b)
Incremental major sports facility mixed-use project district state
tax revenues in excess of the target amount shall be credited towards
target amounts in future periods.

(c)
If the incremental major sports facility mixed-use project district
state tax revenues do not achieve target amounts at the end of each
four-year period as determined by the office of budget and
management, in consultation with the department of taxation, the
deficit shall be offset by any excess tax revenue credit from
previous years under division (H)(5)(b) of this section. If a deficit
remains, the office of budget and management shall take a
nonrefundable amount of money equal to the remaining deficit amount
from the escrow account described under division (H)(4) of this
section and deposit it into the general revenue fund. If a deficit
still remains, the office of budget and management shall take a
nonrefundable amount of money equal to the remaining deficit amount
for that period from the supplemental reserve established pursuant to
division (H)(4)(b) of this section, to the extent available, and
deposit the money into the general revenue fund. Beginning in the
ninth calendar year after the performance grant is eligible for
disbursement, and once annually thereafter until completion of the
sixteenth year, the professional sports franchise, or the owner or an
authorized affiliate, may request a determination by the office of
budget and management, in consultation with the department of
taxation, that the total incremental major sports facility mixed-use
project district state tax revenues equals or exceeds the amount of
the performance grant appropriated to the project. Once the total
incremental major sports facility mixed-use project district state
tax revenues equals or exceeds the amount of the performance grant
appropriated to the project, whether at the conclusion of a
designated four-year period under division (H)(5)(a) of this section
or upon an annual request under this division, the professional
sports franchise, or the owner or authorized affiliate, shall receive
the remainder of the amount in escrow, principal and interest, as
provided for under division (H)(4)(a) of this section.

(d)
If, prior to the expiration of the fourth four-year period described
in division (H)(5)(a) of this section, the owner's share of the
ownership interest in the professional sports franchise becomes less
than a controlling ownership interest, all rights, privileges,
responsibilities, and obligations of the owner provided under this
section and the agreement with the office of budget and management
shall be assigned to, and assumed by, any new owner with a
controlling ownership interest.

(e)
Establishes the metes and bounds of, including all areas within, the
proposed transformational major sports facility mixed-use project
district, which shall meet all of the following requirements:

(i)
All territory in the district is contiguous.

(ii)
The office of budget and management receives a petition, accompanied
by a description of the proposed transformational major sports
facility mixed-use project district, signed by every record owner of
a parcel of real property located in the district and the owner of
every business that operates in the district.

(iii)
A transformational major sports facility mixed-use project will be
located on territory of the proposed transformational major sports
facility mixed-use project district.

(iv)
Not more than one major sports facility mixed-use project may be
located within a transformational major sports facility mixed-use
project district.

(v)
For purposes of determining total incremental major sports facility
mixed-use project district state tax revenues, the district's
territorial boundary may not be enlarged after it is established with
the office of budget and management, which may consult with the
department of taxation, the Ohio facilities construction commission,
and any applicable county or municipal offices to ensure each
requirement in this division is met.

(f)
Every record owner of a parcel of real property located in the
proposed transformational major sports facility mixed-use project
district shall be required to comply with, and will cause every
person that enters into a lease, license, use, or operating agreement
for all or a portion of the building or facilities located in, a
transformational major sports facility mixed-use project district to
be subject to, reporting requirements as may be required by the
department of taxation, in consultation with the office of budget and
management and the Ohio facilities construction commission as
described in division (J) of this section. Such requirement may be
evidenced by an instrument that has been duly recorded in the land
records of the county.

(6)(a)
The professional sports franchise planning to use the major sports
facility shall not cease playing most of its home games at the major
sports facility and begin playing most of its home games at a
different facility located anywhere outside of the transformational
major sports facility mixed-use project district until the earlier of
one of the following dates:

(i)
The total incremental major sports facility mixed-use project
district state tax revenues equals or exceeds the amount of the
performance grant appropriated to the transformational major sports
facility mixed-use project, inclusive of any amounts drawn from the
escrow account or supplemental reserve under division (H)(4) of this
section;

(ii)
Thirty years after the professional sports franchise plays its
initial regular season home game at the major sports facility.

(b)
This division is in addition to, independent of, and operates
concurrently with section 9.67 of the Revised Code.

(I)
Every person who owns real property located in, enters into a lease,
license, use, or operating agreement for all or a portion of the
building and facilities located in, or purchases or leases materials
and items used in construction in the territory of a transformational
major sports facility mixed-use project district is subject to
reporting requirements as may be required by the department of
taxation, in consultation with the office of budget and management
and the Ohio facilities construction commission. Compliance with
these requirements may be evidenced by an instrument that is duly
recorded with the county recorder.

(J)
Every person doing business in a transformational major sports
facility mixed-use project district shall file tax returns and make
tax payments pursuant to Chapters 5739., 5741., 5747., and 5751. of
the Revised Code using an electronic medium in a format prescribed by
the department of taxation. Persons that pay salaries and wages to
employees in the territory of a transformational major sports
facility mixed-use project district shall register for a separate
withholding account and shall remit the wages and salaries withheld
from employees for activities performed in the territory of a
transformational major sports facility mixed-use project district
separately from all income taxes withheld by such employer. In
addition, every person doing business in the territory of a
transformational major sports facility mixed-use project district
shall provide all of the following information to the department of
taxation:

(1)
For persons that collect transformational major sports facility
mixed-use project district tax revenues pursuant to Chapter 5739. of
the Revised Code, tax collections generated from construction or
transactions in the territory of a transformational major sports
facility mixed-use project district on the returns filed pursuant to
Chapter 5739. of the Revised Code as prescribed by the department of
taxation;

(2)
For persons that generate transformational major sports facility
mixed-use project district tax revenues under Chapters 5741., 5747.,
and 5751. of the Revised Code, estimated payments for corporate
income taxes generated from the transformational major sports
facility mixed-use project district and information regarding gross
revenues generated from activities in the transformational major
sports facility mixed-use project district and gross revenues from
all activities in this state;

(3)
For persons that make payments to an independent contractor
attributable to construction or transactions in the territory of a
transformational major sports facility mixed-use project district,
information regarding such payments by the thirty-first day of
January of each year in a format prescribed by the department of
taxation.

(4)
The department of taxation may disclose taxpayer information
regarding transactions, real or personal property, income, or
business of any person to the governmental agency that owns, or holds
a sufficient ownership interest in, a major sports facility as may be
necessary for the administration of the provisions authorized by this
section.

(K)
The department of taxation shall develop forms necessary to implement
and administer this section.

Sec.
123.282.
The
Ohio cultural and sports facility performance grant fund is created
in the state treasury. The fund shall consist of all money remitted
by the director of commerce under division (I) of section 169.08 of
the Revised Code and amounts appropriated by the general assembly.
The money in the fund shall be used as performance grants for Ohio
cultural facility, Ohio sports facility, and major sports facility
projects in accordance with sections 123.281 and 123.283 of the
Revised Code. All investment earnings of the fund shall be credited
to the fund.

Sec.
123.283.
(A)
As used in this section:

"Ohio
sports facility" means all or a portion of a stadium, arena,
tennis facility, motorsports complex, or other capital facility in
this state. A primary purpose of the facility shall be to provide a
site or venue for the presentation to the public of motorsports
events, professional tennis tournaments, or events of one or more
major or minor league professional athletic or sports teams that are
associated with the state or with a city or region of the state. The
facility shall be owned by or located on real property owned by the
state or a governmental agency, a nonprofit corporation, or a new
community authority as defined in section 349.01 of the Revised Code.

"Initial
estimated construction or renovation cost" means the initial
estimated cost to construct a new Ohio sports facility or Ohio
cultural facility, or the initial estimated cost to renovate an
existing Ohio sports facility or Ohio cultural facility, not
including any site acquisition cost, and not including any other
state funds awarded to, or to be spent on, the project, other than
state funds awarded under this section.

(B)
Funds from the Ohio cultural and sports facility performance grant
fund created in section 123.282 of the Revised Code may be used to
pay or reimburse up to fifteen per cent of the initial estimated
construction or renovation cost, if the initial estimated
construction or renovation cost is less than five hundred million
dollars. State funds may be used to pay or reimburse up to
twenty-five per cent of the initial estimated construction or
renovation cost if the initial estimated construction or renovation
cost is five hundred million dollars or greater. No grant may be of
an amount greater than two hundred fifty million dollars. No state
funds may be awarded under this section until all of the following
conditions are met:

(1)
In the case of an Ohio sports facility, the initial estimated
construction or renovation cost is at least fifty million dollars, or
in the case of an Ohio cultural facility, five million dollars. Any
performance grants awarded under this section shall only be used for
construction or renovation and on such projects that effectuate
permanent improvements at the facility.

(2)
The professional sports franchise, governmental agency, nonprofit
corporation, new community authority, or other organization that
would operate the facility has applied to the office of budget and
management, on a form and in a manner prescribed by the office of
budget and management, to receive the funds. The application shall
include a financial and development plan, which shall be evaluated by
the office of budget and management, in consultation with the Ohio
facilities construction commission and the department of taxation, as
applicable. The financial and development plan shall identify the
facility to be constructed or renovated, and include or demonstrate,
with sufficient detail and clarity, all of the following:

(a)
An executed lease agreement, operating agreement, management
agreement, non-relocation agreement, cooperative use agreement, or
other similar agreement, or an executed and binding term sheet if no
other agreement is available;

(b)
The length of time remaining on any existing agreement, including any
options to extend, or agreed to in any new agreement or binding term
sheet, as described in division (B)(2)(a) of this section;

(c)
Any state tax credit program that has been awarded, applied for, or
is anticipated or otherwise expected to be awarded or applied for,
and any associated fiscal impact that it will have on the project;

(d)
Project phases and associated timelines;

(e)
How the facility will benefit the state, through at least one of the
following mechanisms:

(i)
That the facility will generate increased state tax revenues under
Chapters 5739., 5741., 5747., and 5751. of the Revised Code, which
over a period of time will equal or exceed the amount of the
performance grant;

(ii)
That the facility will bring a positive economic impact to the state,
as demonstrated by an objectively verifiable economic impact study
provided by an independent third party;

(iii)
Any other objectively verifiable metric or measurement established by
the office of budget and management, and approved by the controlling
board, that demonstrates that the facility will positively impact the
local community, region, or state;

(iv)
In case of a cultural facility, that the facility will benefit the
public in a meaningful way and support culture in the state, and that
the facility can be completed and ready to support culture without
exceeding the grant amount, as determined by the office of budget and
management and approved by controlling board.

(3)
If the office of budget and management, in consultation with the Ohio
facilities construction commission and the department of taxation, as
applicable, is satisfied that the financial and development plan
meets the requirements of divisions (B)(1) and (2) of this section,
the office of budget and management may, subject to the availability
of appropriated funds and at its discretion, enter into a tentative
agreement with the applicant organization, which shall identify the
facility to be constructed or renovated, and specify all of the
following:

(a)
In the case of a facility under division (B)(2)(e)(i) of this
section, the target amounts of increased state tax revenues the
facility shall generate, and the period over which the facility shall
generate the increased state tax revenues, which in no case shall
exceed thirty years;

(b)
In the case of a facility under division (B)(2)(e)(ii) or
(B)(2)(e)(iii) of this section, any economic impact targets or
indicators, or other objectively verifiable metric or measurement
targets or indicators;

(c)
At the discretion of the office of budget and management, the
applicant organization may combine one or more of the target or
indicator amounts described under divisions (B)(3)(e)(i) and
(B)(3)(e)(ii) of this section to measure the organization's
performance under the grant;

(d)
If the increased state tax revenues, economic activity, or other
objectively verifiable metric or measurement do not achieve target
amounts or indicators, as determined by the office of budget and
management in consultation with the department of taxation, as
applicable, the the office of budget and management shall take a
nonrefundable amount of money equal to the deficit from the escrow
account described under division (B)(4) of this section and deposit
it into the general revenue fund;

(e)
In the case of an Ohio sports facility, if a professional sports
franchise intends to use the facility, the professional sports
franchise shall not cease playing most of its home games at the Ohio
sports facility and begin playing most of its home games at a
different facility until the earlier of one of the following dates:

(i)
The total increased state tax revenues or economic activity have
achieved target amounts or indicators, including with funds from the
escrow amount under division (B)(4) of this section;

(ii)
Thirty years after the professional sports franchise plays its
initial regular season home game at the newly constructed or
renovated Ohio sports facility.

Division
(B)(3)(e) of this section is in addition to, independent of, and
operates concurrently with section 9.67 of the Revised Code.

(f)
In the case of an Ohio cultural facility, that the project scope
meets the intent and purpose of this section, and of the development
plan as approved by the office of budget and management and the
controlling board;

(g)
In the case of a motorsports complex, that motorsports events shall
be presented at the facility for the period described in the
agreement entered into under division (B)(3) of this section, and
that any motorsports organization that commits to using the facility
for an established period of time shall give the office of budget and
management not less than six months' advance notice if the
organization intends to cease utilizing the facility prior to the
expiration of that established period, and that if the motorsports
organization does so, the motorsports organization shall be liable to
the state for any performance grant funds used on the construction or
renovation costs of the facility, which shall include drawing down
the remainder of any escrow account established under division (B)(4)
of this section;

(h)
In the case of a tennis facility, that the owner or manager of the
facility shall provide contractual commitments from a national or
international professional tennis organization in a form acceptable
to the office of budget and management and the controlling board, in
consultation with the Ohio facilities construction commission, that
assures that one or more sanctioned professional tennis events will
be presented at the facility during each year of the period described
in the agreement entered into under division (B)(3) of this section.
Any national or international professional tennis organization that
commits to using the facility for an established period of time shall
give the owner or manager of the facility and the office of budget
and management not less than six months' advance notice if the
organization intends to cease utilizing the facility prior to the
expiration of that established period, and that if the organization
does so, the organization and owner or manager of the facility shall
be jointly and severally liable to the state for any performance
grant funds used on the construction or renovation costs of the
facility, which shall include drawing down the remainder of any
escrow account established under division (B)(4) of this section.

(i)
The applicant organization shall hold the state of Ohio, including
the office of budget and management, the Ohio facilities construction
commission, the department of taxation, and the controlling board
harmless from all liability for the operation and maintenance costs
of the facility, and any costs incurred related to the grant
application, agreement entered into under division (B)(3) of this
section, the escrow deposited under division (B)(4) of this section,
or the submission to controlling board for approval.

(4)
In the case of a facility under division (B)(2)(e)(i), (B)(2)(e)(ii),
or (B)(2)(e)(iii) of this section, the professional sports franchise,
governmental agency, nonprofit corporation, new community authority,
or other organization that would operate the facility, upon reaching
the agreement with the office of budget and management under division
(B)(3) of this section, has executed and filed with the office of
budget and management an escrow amount equal to five per cent of the
total amount of the performance grant applied for, which shall be
deposited in an interest-bearing account maintained within the state
treasury, nonrefundable disbursements from which shall be as
described in division (B)(3)(d) of this section. Whatever remains of
the amount in escrow after the period described in division (B)(3)(a)
of this section, or after a period agreed upon under division
(B)(3)(b) or (B)(3)(c) of this section, including any interest
earnings thereon, shall be returned to the applicant organization,
upon certification by the office of budget and management, in
consultation with the department of taxation, as applicable, that all
conditions of the agreement are satisfied. The agreement under
division (B)(3) of this section may provide for a process and
timeline by which the applicant organization may seek a determination
that all target amounts and indicators have been achieved or
exceeded, then apply for the return of any remaining escrow balance.

(5)
The agreement under division (B)(3) of this section is submitted to,
and approved by, the controlling board. Approval of any such
agreement is wholly within the controlling board's discretion, and no
such agreement is in any way final or enforceable unless and until
the controlling board approves it. As part of its consideration, the
controlling board may evaluate all grant application and agreement
requirements and materials, as provided for under this section, as
well as any other factor, criteria, data, metric, measurement, or
information or documents the controlling board determines necessary.

(C)
Every person who owns real property located in, enters into a lease,
license, use, or operating agreement for all or a portion of the
building and facilities located in, or purchases or leases materials
and items used in construction or renovation in the facility is
subject to reporting requirements as may be required by the
department of taxation, in consultation with the office of budget and
management and the Ohio facilities construction commission, for the
purposes of this section. Compliance with these requirements may be
evidenced by an instrument that is duly recorded with the county
recorder.

(D)
The office of budget and management, Ohio facilities construction
commission, and department of taxation, as applicable, may develop
forms necessary to implement and administer this section.

Sec.
123.30.
(A)
As used in this section, "authorized flag" means any of the
following:

(1)
The official state flag as described in section 5.01 of the Revised
Code;

(2)
The United States flag;

(3)
The POW/MIA flag as described in section 9.50 of the Revised Code;

(4)
A flag containing the official logo of a state agency, so long as the
flag has been approved by the governor or the governor's designee.

(B)
Except as provided in division (C) of this section, no state agency
or any entity that manages the grounds or buildings under the control
of a state agency shall display on the grounds or building any flag
except for an authorized flag.

(C)
Division (B) of this section does not apply to the Ohio statehouse or
the grounds of the Ohio statehouse.

Sec.
124.02.
The
director of administrative services and the state personnel board of
review shall exercise all functions, powers, and duties that
formerly

,
on or before January 1, 1959,
were
by law

actually

devolved upon, vested in
,

and imposed upon the state civil service commission and the offices
of commissioners and members and upon their employees, agents, and
representatives.

Whenever
in any law or rule of this state or any political subdivision, "state
civil service commission," "commission,"
"commissioner" or "member," meaning the state
civil service commission or the offices of commissioners or members
of said commission, is used, such terms shall be construed as
referring to the department of administrative services, the director
of administrative services, the state personnel board of review, or
the members of the state personnel board of review, as this chapter
may require.

Sec.
124.07.
(A)
The director of administrative services shall appoint examiners,
inspectors, clerks, and other assistants as necessary to carry out
sections 124.01 to 124.64 of the Revised Code.
The
director may designate persons in or out of the service of the state
to serve as examiners or assistants under the director's direction.
An examiner or assistant shall receive the compensation for each day
actually and necessarily spent in the discharge of duties as an
examiner or assistant that the director determines; provided that, if
the examiner or assistant is in the service of the state or any
political subdivision of the state, it shall be a part of the
examiner's or assistant's official duties to render those services in
connection with an examination without extra compensation.

(B)
Each state agency shall pay the cost of the services and facilities
furnished to it by the department of administrative services that are
necessary to provide and maintain payroll services as prescribed in
section 125.21 of the Revised Code and state merit standards as
prescribed in sections 124.01 to 124.64 of the Revised Code for the
agency.

If
a state-supported college or university or a municipal corporation
chooses to use the services and facilities furnished by the
department that are necessary to provide and maintain the services
and standards so prescribed, the state-supported college or
university or municipal corporation shall pay the cost of the
services and facilities that the department furnishes to it.

The charges against a state agency
,
a state-supported college or university, or a municipal corporation

shall
be computed on a reasonable cost basis in accordance with procedures
prescribed by the director of budget and management. Any moneys the
department receives from a state agency
,
a state-supported college or university, or a municipal corporation

under
this division that are in excess of the amount necessary to pay the
cost of furnishing the department's services and facilities during
any fiscal year shall be either refunded to or credited for the
ensuing fiscal year to the state agency
,
the state-supported college or university, or the municipal
corporation
.

(C)

The
director of administrative services may enter into an agreement with
any county, municipal corporation, or other political subdivision to
furnish services and facilities of the department in the
administration of a merit program or other functions related to human
resources that include, but are not limited to, providing competitive
examinations for positions in the classified service. The agreement
shall provide that the department shall be reimbursed for the
reasonable costs of those services and facilities as determined by
the director.

(D)

All
moneys received by the department as reimbursement for a merit
program or other human resources services performed and facilities
furnished under this section, such as competitive examinations
administered, shall be paid into the state treasury to the credit of
the human resources services fund, which is hereby created.

(E)
In counties of the state in which are located cities having municipal
civil service commissions, the director of administrative services
may designate the municipal civil service commission of the largest
city within the county as the director's agent for the purpose of
carrying out the provisions of sections 124.01 to 124.64 of the
Revised Code, within the county, that the director designates. Each
municipal civil service commission designated as an agent of the
director shall render to the director, at the end of each month, an
itemized statement of the cost incurred by the commission for work
done as the agent of the director, and the director, after approving
that statement, shall pay the total amount of it to the treasurer of
the municipal corporation in the same manner as other expenses of the
department of administrative services.

(F)
The director of administrative services and the examiners,
inspectors, clerks, and assistants referred to in this section shall
receive, in addition to their salaries, reimbursement for necessary
traveling and other expenses incurred in the actual discharge of
their official duties. The director may also incur the necessary
expenses for stationery, printing, and other supplies incident to the
business of the department.

Sec.
124.135.
(A)
State employees are entitled to paid leave when summoned for jury
duty by a court of competent jurisdiction.

(B)
State employees are entitled to paid leave when subpoenaed to appear
before any court, commission, board, or other legally constituted
body authorized by law to compel the attendance of witnesses. This
division does not apply if the state employee is a party to the
action or proceeding involved or is subpoenaed as a result of
secondary employment outside the service of the state.

(C)

A
state employee shall not be required, as a condition of receiving
paid leave under divisions (A) or (B) of this section, to remit to
the employee's appointing authority or another officer, commission,
board, or body any portion of the compensation or reimbursement paid
to the employee for serving on a jury or for appearing in court
pursuant to a subpoena.

(D)

Each
full-time permanent state employee paid in accordance with section
124.152 of the Revised Code and those employees described in
divisions (B)(2) and (4) of section 124.14 of the Revised Code also
may be entitled, in their appointing authority's discretion, to paid
leave when appointed to serve on advisory boards or commissions or
when soliciting for charities for which payroll deductions are made.

Sec.
124.1310.
(A)
As used in this section:

(1)
"Emergency medical service," "EMT-basic,"
"EMT-I," "first responder," and "paramedic"
have the same meanings as in section 4765.01 of the Revised Code.

(2)
"Volunteer firefighter" has the same meaning as in section
146.01 of the Revised Code.

(B)
A state employee who is an EMT-basic, EMT-I, first responder,
paramedic, or volunteer firefighter shall receive
forty

one
hundred twenty
hours
of leave with pay each calendar year to use during those hours when
the employee is absent from work in order to
provide

do
either of the following:

(1)
Provide
emergency
medical service or fire-fighting service
;

(2)
Attend a training or continuing education program that relates to
providing emergency medical service or fire-fighting service
.

(C)

An
appointing authority shall compensate an employee who uses leave
granted under this section at the employee's regular rate of pay for
those regular work hours during which the employee is absent from
work.

Sec.
124.1312.
(A)
As used in this section:

(1)
"Foster caregiver" has the same meaning as in section
5103.02 of the Revised Code.

(2)
"Kinship caregiver" has the same meaning as in section

5101.85

5180.50

of
the Revised Code.

(B)
Each permanent full-time and permanent part-time employee paid in
accordance with section 124.152 of the Revised Code and each employee
listed in division (B)(2), (3), or (4) of section 124.14 of the
Revised Code who works thirty or more hours per week, and who is a
foster caregiver or kinship caregiver is eligible, on placement of a
child in the employee's home, to a maximum of five days of caregiver
leave with full pay in a calendar year. Caregiver leave eligibility
begins on the day on which the child is placed with the prospective
foster caregiver or kinship caregiver.

(C)
The average number of regular hours worked, which shall include all
hours of holiday pay and other types of paid leave, during the
three-month period immediately preceding the day caregiver leave
begins shall be used to determine eligibility for leave under this
section for part-time employees. If an employee has not worked for a
three-month period, the number of hours for which the employee has
been scheduled to work per week during the employee's period of
employment shall be used to determine eligibility for leave under
this section.

(D)
Use of caregiver leave does not affect an employee's eligibility for
other forms of paid leave granted under this chapter and does not
prohibit an employee from taking leave under the "Family and
Medical Leave Act of 1993," 29 U.S.C. 2601, except that
caregiver leave shall be included in any leave time provided under
that act.

(E)
The director of administrative services may adopt rules in accordance
with Chapter 119. of the Revised Code governing caregiver leave
established under this section.

Sec.
124.152.
(A)(1)
Except as provided in division (A)(2) of this section, each exempt
employee shall be paid a salary or wage in accordance with schedule
E-1 or schedule E-2 of division (B) of this section.

(2)
Each exempt employee who holds a position in the unclassified civil
service pursuant to division (A)(26) or (30) of section 124.11 of the
Revised Code may be paid a salary or wage in accordance with schedule
E-1 or schedule E-2 of division (B) of this section, as applicable.

(B)(1)
Each exempt employee who must be paid in accordance with schedule E-1
or schedule E-2 of this section shall be paid a salary or wage in
accordance with the following schedule of rates as of the pay period
that includes July 1,
2021
2024
:

Schedule
E-1

1

2

3

4

5

6

7

8

9

10

A

Pay
Ranges and Step Values

B

C

Step
1

Step
2

Step
3

Step
4

Step
5

Step
6

Step
7

Step
8

D

Range

1

2

3

4

5

6

7

8

9

10

A

1

Hourly

12.14

13.52

12.69

14.13

13.21

14.72

13.80

15.37

B

Annually

25251

28122

26395

29390

27476

30618

28704

31970

C

2

Hourly

14.73

16.41

15.36

17.10

16.01

17.83

16.72

18.63

D

Annually

30638

34133

31948

35568

33300

37086

34777

38750

E

3

Hourly

15.44

17.20

16.13

17.97

16.84

18.76

17.56

19.56

F

Annually

32115

35776

33550

37378

35027

39021

36524

40685

G

4

Hourly

16.20

18.05

16.93

18.86

17.75

19.77

18.51

20.62

H

Annually

33696

37544

35214

39229

36920

41122

38500

42890

I

5

Hourly

17.00

18.94

17.78

19.80

18.51

20.62

19.33

21.54

J

Annually

35360

39395

36982

41184

38500

42890

40206

44803

K

6

Hourly

17.91

19.95

18.66

20.79

19.47

21.68

20.27

22.59

L

Annually

37252

41496

38812

43243

40497

45094

42161

46987

M

7

Hourly

19.01

21.18

19.72

21.97

20.54

22.88

21.25

23.68

22.07

24.58

N

Annually

39540

44054

41017

45698

42723

47590

44200

49254

45905

51126

O

8

Hourly

20.11

22.40

21.00

23.39

21.90

24.40

22.89

25.50

23.97

26.70

P

Annually

41828

46592

43680

48651

45552

50752

47611

53040

49857

55536

Q

9

Hourly

21.45

23.89

22.56

25.14

23.67

26.37

24.85

27.69

26.11

29.09

R

Annually

44616

49691

46924

52291

49233

54850

51688

57595

54308

60507

S

10

Hourly

23.13

25.76

24.41

27.18

25.72

28.64

27.20

30.30

28.64

31.91

T

Annually

48110

53581

50772

56534

53497

59571

56576

63024

59571

66373

U

11

Hourly

25.20

28.08

26.66

29.69

28.20

31.42

29.80

33.19

31.49

35.07

V

Annually

52416

58406

55452

61755

58656

65354

61984

69035

65499

72946

W

12

Hourly

27.80

30.96

29.36

32.71

30.93

34.46

32.64

36.36

34.46

38.38

36.34

40.48

37.82

42.13

39.60

44.11

X

Annually

57824

64397

61068

68037

64334

71677

67891

75629

71676

79830

75587

84198

78665

87630

82368

91749

Y

13

Hourly

30.64

34.14

32.32

36.00

34.09

37.97

35.92

40.02

37.95

42.27

39.99

44.55

41.63

46.38

43.59

48.56

Z

Annually

63731

71011

67225

74880

70907

78978

74713

83242

78936

87922

83179

92664

86590

96470

90667

101005

AA

14

Hourly

33.69

37.53

35.61

39.67

37.52

41.80

39.56

44.07

41.80

46.56

44.13

49.15

45.95

51.19

48.10

53.58

AB

Annually

70075

78062

74068

82514

78041

86944

82284

91666

86944

96845

91790

102232

95576

106475

100048

111446

AC

15

Hourly

37.02

41.23

39.10

43.55

41.30

46.01

43.57

48.54

45.99

51.23

48.51

54.04

50.50

56.26

52.88

58.91

AD

Annually

77001

85758

81328

90584

85904

95701

90625

100963

95659

106558

100900

112403

105040

117021

109990

122533

AE

16

Hourly

40.81

45.45

43.08

47.99

45.45

50.62

48.00

53.47

50.63

56.40

53.53

59.63

55.73

62.08

58.34

64.98

AF

Annually

84884

94536

89606

99819

94536

105290

99840

111218

105310

117312

111342

124030

115918

129126

121347

135158

AG

17

Hourly

44.96

50.09

47.44

52.85

50.10

55.81

52.86

58.88

55.83

62.19

58.94

65.66

69.27

AH

Annually

93516

104187

98675

109928

104208

116085

109948

122470

116126

129355

122595

136573

144082

AI

18

Hourly

49.55

55.20

52.29

58.25

55.24

61.54

58.28

64.92

61.50

68.51

64.94

72.35

AJ

Annually

103064

114816

108763

121160

114899

128003

121222

135034

127920
142501

135075

150488

AK

19

Hourly

60.72

64.37

67.69

71.41

75.37

79.58

AL

Annually

126298

133890

140795

148533

156770

165526

Schedule
E-2

1

2

3

4

A

Range

Minimum

Maximum

B

41

Hourly

16.23

48.99
54.57

C

Annually

33758

101899
113506

D

42

Hourly

17.89

54.09
60.25

E

Annually

37211

112507
125320

F

43

Hourly

19.70

59.56
66.35

G

Annually

40976

123884
138008

H

44

Hourly

21.73

65.08
72.49

I

Annually

45198

135366
150779

J

45

Hourly

24.01

71.05
79.15

K

Annually

49941

147784
164632

L

46

Hourly

26.43

77.65
86.50

M

Annually

54974

161512
179920

N

47

Hourly

29.14

84.75
94.41

O

Annually

60611

176280
196373

P

48

Hourly

32.14

92.45
102.98

Q

Annually

66851

192296
214198

R

49

Hourly

35.44

99.83
111.20

S

Annually

73715

207646
231296

(2)
Each exempt employee who must be paid in accordance with schedule E-1
or schedule E-2 of this section shall be paid a salary or wage in
accordance with the following schedule of rates as of the pay period
that includes July 1,
2022
2025
:

Schedule
E-1

1

2

3

4

5

6

7

8

9

10

A

Pay
Ranges and Step Values

B

Step
1

Step
2

Step
3

Step
4

Step
5

Step
6

Step
7

Step
8

C

Range

1

2

3

4

5

6

7

8

9

10

A

1

Hourly

12.50

14.13

13.07

14.77

13.61

15.38

14.21

16.06

B

Annually

26000

29390

27185

30722

28308

31990

29556

33405

C

2

Hourly

15.17

17.15

15.82

17.87

16.49

18.63

17.22

19.47

D

Annually

31553

35672

32905

37170

34299

38750

35817

40498

E

3

Hourly

15.90

17.97

16.61

18.78

17.35

19.60

18.09

20.44

F

Annually

33072

37378

34548

39062

36088

40768

37627

42515

G

4

Hourly

16.69

18.86

17.44

19.71

18.28

20.66

19.07

21.55

H

Annually

34715

39229

36275

40997

38022

42973

39665

44824

I

5

Hourly

17.51

19.79

18.31

20.69

19.07

21.55

19.91

22.51

J

Annually

36420

41163

38084

43035

39665

44824

41412

46821

K

6

Hourly

18.45

20.85

19.22

21.73

20.05

22.66

20.88

23.61

L

Annually

38376

43368

39977

45198

41704

47133

43430

49109

M

7

Hourly

19.58

22.13

20.31

22.96

21.16

23.91

21.89

24.75

22.73

25.69

N

Annually

40726

46030

42244

47757

44012

49733

45531

51480

47278

53435

O

8

Hourly

20.71

23.41

21.63

24.44

22.56

25.50

23.58

26.65

24.69

27.90

P

Annually

43076

48693

44990

50835

46924

53040

49046

55432

51355

58032

Q

9

Hourly

22.09

24.97

23.24

26.27

24.38

27.56

25.60

28.94

26.89

30.40

R

Annually

45947

51938

48339

54642

50710

57325

53248

60195

55931

63232

S

10

Hourly

23.82

26.92

25.14

28.40

26.49

29.93

28.02

31.66

29.50

33.35

T

Annually

49545

55994

52291

59072

55099

62254

58281

65853

61360

69368

U

11

Hourly

25.96

29.34

27.46

31.03

29.05

32.83

30.69

34.68

32.43

36.65

V

Annually

53996

61027

57116

64542

60424

68286

63835

72134

67454

76232

W

12

Hourly

28.63

32.35

30.24

34.18

31.86

36.01

33.62

38.00

35.49

40.11

37.43

42.30

38.95

44.03

40.79

46.09

X

Annually

59550

67288

62889

71094

66268

74901

69929

79040

73819

83429

77854

87984

81016

91582

84843

95867

Y

13

Hourly

31.56

35.68

33.29

37.62

35.11

39.68

37.00

41.82

39.09

44.17

41.19

46.55

42.88

48.47

44.90

50.75

Z

Annually

65644

74214

69243

78250

73028

82534

76960

86986

81307

91874

85675

96824

89190

100818

93392

105560

AA

14

Hourly

34.70

39.22

36.68

41.46

38.65

43.68

40.75

46.05

43.05

48.66

45.45

51.36

47.33

53.49

49.54

55.99

AB

Annually

72176

81578

76294

86237

80392

90854

84760

95784

89544

101213

94536

106829

98446

111259

103043

116459

AC

15

Hourly

38.13

43.09

40.27

45.51

42.54

48.08

44.88

50.72

47.37

53.54

49.97

56.47

52.02

58.79

54.47

61.56

AD

Annually

79310

89627

83761

94661

88483

100006

93350

105498

98529

111363

103937

117458

108201

122283

113297

128045

AE

16

Hourly

42.03

47.50

44.37

50.15

46.81

52.90

49.44

55.88

52.15

58.94

55.14

62.31

57.40

64.87

60.09

67.90

AF

Annually

87422

98800

92289

104312

97364

110032

102835

116230

108472

122595

114691

129605

119392

134930

124987

141232

AG

17

Hourly

46.31

52.34

48.86

55.23

51.60

58.32

54.45

61.53

57.50

64.99

60.71

68.61

72.39

AH

Annually

96324

108867

101628

114878

107328

121306

113256

127982

119600

135179

126276

142709

150571

AI

18

Hourly

51.04

57.68

53.86

60.87

56.90

64.31

60.03

67.84

63.35

71.59

66.89

75.61

AJ

Annually

106163

119974

112028

126610

118352

133765

124862

141107

131768

148907

139131

157269

AK

19

Hourly

63.45

67.27

70.74

74.62

78.76

83.16

AL

Annually

131976

139922

147139

155210

163821

172973

Schedule
E-2

1

2

3

4

A

Range

Minimum

Maximum

B

41

Hourly

16.23

50.46
57.03

C

Annually

33758

104956
118622

D

42

Hourly

17.89

55.71
62.96

E

Annually

37211

115876
130957

F

43

Hourly

19.70

61.35
69.34

G

Annually

40976

127608
144227

H

44

Hourly

21.73

67.03
75.75

I

Annually

45198

139422
157560

J

45

Hourly

24.01

73.18
82.71

K

Annually

49941

152214
172037

L

46

Hourly

26.43

79.98
90.39

M

Annually

54974

166358
188011

N

47

Hourly

29.14

87.29
98.66

O

Annually

60611

181563
205213

P

48

Hourly

32.14

95.22
107.61

Q

Annually

66851

198057
223829

R

49

Hourly

35.44

102.82
116.20

S

Annually

73715

213865
241696

(3)
Each exempt employee who must be paid in accordance with schedule E-1
or schedule E-2 of this section shall be paid a salary or wage in
accordance with the following schedule of rates as of the pay period
that includes July 1,
2023
2026
:

Schedule
E-1

1

2

3

4

5

6

7

8

9

10

A

Pay
Ranges and Step Values

B

Step
1

Step
2

Step
3

Step
4

Step
5

Step
6

Step
7

Step
8

C

Range

D

1

Hourly

12.88

14.55

13.46

15.21

14.02

15.84

14.64

16.54

E

Annually

26790

30264

27996

31637

29161

32947

30451

34403

F

2

Hourly

15.63

17.66

16.29

18.41

16.98

19.19

17.74

20.05

G

Annually

32510

36733

33883

38293

35318

39915

36899

41704

H

3

Hourly

16.38

18.51

17.11

19.34

17.87

20.19

18.63

21.05

I

Annually

34070

38501

35588

40227

37169

41995

38750

43784

J

4

Hourly

17.19

19.43

17.96

20.30

18.83

21.28

19.64

22.20

K

Annually

35755

40414

37356

42224

39166

44262

40851

46176

L

5

Hourly

18.04

20.38

18.86

21.31

19.64

22.20

20.51

23.19

M

Annually

37523

42390

39228

44325

40851

46176

42660

48235

N

6

Hourly

19.00

21.48

19.80

22.38

20.65

23.34

21.51

24.32

O

Annually

39520

44678

41184

46550

42952

48547

44740

50586

P

7

Hourly

20.17

22.79

20.92

23.65

21.79

24.63

22.55

25.49

23.41

26.46

Q

Annually

41953

47403

43513

49192

45323

51230

46904

53019

48692

55037

R

8

Hourly

21.33

24.11

22.28

25.17

23.24

26.27

24.29

27.45

25.43

28.74

S

Annually

44366

50149

46342

52354

48339

54642

50523

57096

52894

59779

T

9

Hourly

22.75

25.72

23.94

27.06

25.11

28.39

26.37

29.81

27.70

31.31

U

Annually

47320

53498

49795

56285

52228

59051

54849

62005

57616

65125

V

10

Hourly

24.53

27.73

25.89

29.25

27.28

30.83

28.86

32.61

30.39

34.35

W

Annually

51022

57678

53851

60840

56742

64126

60028

67829

63211

71448

X

11

Hourly

26.74

30.22

28.28

31.96

29.92

33.81

31.61

35.72

33.40

37.75

Y

Annually

55619

62858

58822

66477

62233

70325

65748

74298

69472

78520

Z

12

Hourly

29.49

33.32

31.15

35.21

32.82

37.09

34.63

39.14

36.55

41.31

38.55

43.57

40.12

45.35

42.01

47.47

AA

Annually

61339

69306

64792

73237

68265

77147

72030

81411

76024

85925

80184

90626

83449

94328

87380

98738

AB

13

Hourly

32.51

36.75

34.29

38.75

36.16

40.87

38.11

43.07

40.26

45.50

42.43

47.95

44.17

49.92

46.25

52.27

AC

Annually

67620

76440

71323

80600

75212

85010

79268

89586

83740

94640

88254

99736

91873

103834

96200

108722

AD

14

Hourly

35.74

40.40

37.78

42.70

39.81

44.99

41.97

47.43

44.34

50.12

46.81

52.90

48.75

55.09

51.03

57.67

AE

Annually

74339

84032

78582

88816

82804

93579

87297

98654

92227

104250

97364

110032

101400

114587

106142

119954

AF

15

Hourly

39.27

44.38

41.48

46.88

43.82

49.52

46.23

52.24

48.79

55.15

51.47

58.16

53.58

60.55

56.10

63.41

AG

Annually

81681

92310

86278

97510

91145

103002

96158

108659

101483

114712

107057

120973

111446

125944

116688

131893

AH

16

Hourly

43.29

48.93

45.70

51.65

48.21

54.49

50.92

57.56

53.71

60.71

56.79

64.18

59.12

66.82

61.89

69.94

AI

Annually

90043

101774

95056

107432

100276

113339

105913

119725

111716

126277

118123

133494

122969

138986

128731

145475

AJ

17

Hourly

47.70

53.91

50.33

56.89

53.15

60.07

56.08

63.38

59.23

66.94

62.53

70.67

65.97

74.56

AK

Annually

99216

112133

104686

118331

110552

124946

116646

131830

123198

139235

130062

146994

137217

155085

AL

18

Hourly

52.57

59.41

55.48

62.70

58.61

66.24

61.83

69.88

65.25

73.74

68.90

77.88

AM

Annually

109345

123573

115398

130416

121908

137779

128606

145350

135720

153379

143312

161990

AN

19

Hourly

57.83

65.35

61.03

69.29

64.47

72.86

68.01

76.86

71.78

81.12

75.79

85.65

AO

Annually

120286

135928

126942

144123

134097

151549

141460

159869

149302

168730

157643

178152

Schedule
E-2

1

2

3

4

A

Range

Minimum

Maximum

B

41

Hourly

16.23

51.97
58.74

C

Annually

33758

108097
122179

D

42

Hourly

17.89

57.38
64.85

E

Annually

37211

119350
134888

F

43

Hourly

19.70

63.19
71.42

G

Annually

40976

131435
148554

H

44

Hourly

21.73

69.04
78.02

I

Annually

45198

143603
162282

J

45

Hourly

24.01

75.38
85.19

K

Annually

49941

156790
177195

L

46

Hourly

26.43

82.38
93.10

M

Annually

54974

171350
193648

N

47

Hourly

29.14

89.91
101.62

O

Annually

60611

187012
211370

P

48

Hourly

32.14

98.08
110.84

Q

Annually

66851

204006
230547

R

49

Hourly

35.44

105.90
119.69

S

Annually

73715

220272
248955

(C)
As used in this section:

(1)
"Exempt employee" means a permanent full-time or permanent
part-time employee paid directly by warrant of the director of budget
and management whose position is included in the job classification
plan established under division (A) of section 124.14 of the Revised
Code but who is not considered a public employee for the purposes of
Chapter 4117. of the Revised Code. "Exempt employee" also
includes a permanent full-time or permanent part-time employee of the
secretary of state, auditor of state, treasurer of state, or attorney
general who has not been placed in an appropriate bargaining unit by
the state employment relations board.

(2)
"Base rate of pay" means the rate of pay established under
schedule E-1 of this section, plus the supplement provided under
division (E) of section 124.181 of the Revised Code, plus any
supplements enacted into law that are added to schedule E-1 of this
section.

(D)
Notwithstanding any division of this section to the contrary, or
division (E) or (G) of section 124.15 of the Revised Code with
respect to requirements for step placement and advancement, no exempt
employee other than a captain or equivalent officer in the state
highway patrol shall be placed in step value 7 in range 17 of
schedule E-1 of division
(B)(3)

(B)

of
this section.

Sec.
124.184.
(A)
As used in this section:

(1)
"State agency" means every organized body, office, or
agency established by the laws of the state for the exercise of any
function of state government. "State agency" does not
include any of the following:

(a)
The public employees retirement system, Ohio police and fire pension
fund, state teachers retirement system, school employees retirement
system, and state highway patrol retirement system;

(b)
A state institution of higher education as defined in section
3345.011 of the Revised Code;

(c)
The nonprofit corporation formed under section 187.01 of the Revised
Code.

(2)
Notwithstanding the definition of "employee" in section
124.01 of the Revised Code, "state employee" means an
individual holding a position subject to appointment, removal,
promotion, or reduction by a state agency.

(B)(1)
Not later than October 15, 2025, each state agency shall develop a
plan for the agency's state employees to report to the agency's
worksite or another location designated by the agency during the time
the employees are performing their duties for the agency.

(2)
Beginning January 1, 2026, a state agency shall require the agency's
state employees to report to the agency's worksite or another
location in accordance with the plan developed by the agency under
division (B)(1) of this section. Except as provided in divisions (C)
and (D) of this section, no state employee shall work from the
employee's place of residence.

(C)
Nothing in this section precludes a state agency from permitting a
state employee employed by the agency to work from the employee's
place of residence as a reasonable accommodation under Title I of the
"Americans with Disabilities Act of 1990," 42 U.S.C. 12111,
et seq. or Chapter 4112. of the Revised Code.

(D)
A state agency may adopt a policy allowing an appointing authority or
the appointing authority's designee to approve a state employee to
work from the employee's place of residence or other off-site
location under any of the following circumstances:

(1)
During an occasional or emergent situation as required to complete a
necessary or time-sensitive business function of the agency;

(2)
Rare occasions where a health order or weather emergency requires an
individual to remain at the individual's place of residence or to
shelter in place;

(3)
Occasions where the agency's worksite is or may be closed on a
temporary or ongoing basis, including remodeling an existing
building, natural disaster, utility outage, security threat, or other
occurrence that has or will result in such a closure;

(4)
Except as provided in division (D)(5) of this section, the appointing
authority or the appointing authority's designee determines that an
employee, due to the employee's job classification or position,
primarily performs the employee's duties for the agency in the field
or another location designated by the agency that is not the
employee's place of residence;

(5)
Where the appointing authority or the appointing authority's designee
determines that an employee is in a computer-related occupation as
provided in sections 13(a)(1) and (17) of the "Fair Labor
Standards Act of 1938," 29 U.S.C. 213, as defined in 29 C.F.R.
541.400;

(6)
Where the appointing authority or the appointing authority's designee
grants an employee an accommodation for a temporary medical condition
not covered under division (C) of this section;

(7)
Where the appointing authority or the appointing authority's designee
determines that an employee's place of residence is forty or more
miles from the agency's worksite;

(8)
Where the appointing authority or the appointing authority's designee
determines that the agency does not have adequate space or equipment
for an employee at the agency's worksite.

(E)
Nothing in this section shall interfere with an administrative policy
regarding employee work location adopted by the supreme court, which
is a separate branch of government established and vested with
judicial power under Ohio Constitution, Article IV.

Sec.
124.385.
(A)
An employee is eligible for disability leave benefits under this
section if the employee has completed one year of continuous state
service immediately prior to the date of the disability and if any of
the following applies:

(1)
The employee is a full-time permanent employee and is eligible for
sick leave credit pursuant to division (B) of section 124.382 of the
Revised Code

or
is entitled to disability benefits under a collective bargaining
agreement
.

(2)
The employee is a part-time permanent employee who has worked at
least fifteen hundred hours within the twelve-month period
immediately preceding the date of disability and is eligible for sick
leave credit under division (B) of section 124.382 of the Revised
Code.

(3)
The employee is a full-time permanent or part-time permanent
employee, is on disability leave or leave of absence for medical
reasons, and would be eligible for sick leave credit pursuant to
division (B) of section 124.382 of the Revised Code except that the
employee is in no pay status due to the employee's medical condition.

(B)
The director of administrative services
,
by rule adopted in accordance with Chapter 119. of the Revised Code,

shall
adopt
a rule to
establish
a disability leave program. The rule shall include, but shall not be
limited to, the following:

(1)
Procedures to be followed for determining disability;

(2)
Provisions for the allowance of disability leave due to illness or
injury;

(3)
Provisions for the continuation of service credit for employees
granted disability leave, including service credit towards
retirement, as provided by the applicable statute;

(4)
The establishment of a minimum level of benefit and of a waiting
period before benefits begin;

(5)
Provisions setting a maximum length of benefit and requiring that
employees eligible to apply for disability retirement shall do so
prior to completing the first six months of their period of
disability. The director's rules shall indicate those employees
required to apply for disability retirement. If an employee is
approved to receive disability retirement, the employee shall receive
the retirement benefit and a supplement payment that equals a
percentage of the employee's base rate of pay and that, when added to
the retirement benefit, equals no more than the percentage of pay
received by employees after the first six months of disability. This
supplemental payment shall not be considered earnable salary,
compensation, or salary, and is not subject to contributions, under
Chapter 145., 742., 3307., 3309., or 5505. of the Revised Code.

(6)
Provisions that allow employees to utilize available sick leave,
personal leave, compensatory time, or vacation leave balances to
supplement the benefits payable under this section. The balances used
to supplement the benefits, plus any amount contributed by the state

as
provided in division (D) of this section
,
shall be paid at the employee's base rate of pay in an amount
sufficient to give employees up to one hundred per cent of pay for
time on disability.

(7)
Procedures for appealing denial of payment of a claim
,
including the following:

(a)
A maximum of thirty days to file an appeal by the employee;

(b)
A maximum of fifteen days for the parties to select a third-party
opinion pursuant to division (F) of this section, unless an extension
is agreed to by the parties;

(c)
A maximum of thirty days for the third party to render an opinion.

(8)
Provisions for approving leave of absence for medical reasons where
an employee is in no pay status because the employee has used all the
employee's sick leave, personal leave, vacation leave, and
compensatory time
;

(9)

(8)

Provisions
for precluding the payment of benefits if the injury for which the
benefits are sought is covered by a workers' compensation plan
;

(10)
Provisions for precluding the payment of benefits in order to ensure
that benefits are provided in a consistent manner
.

(C)

Except
as provided in division (B)(6) of this section, time off for an
employee granted disability leave is not chargeable to any other
leave granted by other sections
The
adjudication hearing requirements prescribed in Chapter 119.
of
the Revised Code

do
not apply to the procedures for appealing denial of payment of a
claim that the director adopts by rule under division (B)(7) of this
section
.

(D)
While an employee is on an approved disability leave, the employee
shall be responsible for paying the employee's share of retirement
contributions and the employer's share shall be paid by the state.

(E)

The
approval for disability leave shall be made by the director, upon
recommendation by the appointing authority. The director may delegate
to any appointing authority the authority to approve disability
benefits for a standard recovery period.

(F)

If a request for disability leave is denied based on a medical
determination, the director shall obtain a medical opinion from a
third party. The decision of the third party is binding.

(G)
(F)

The rule adopted by the director under division (B) of this section
shall not deny disability leave benefits for an illness or injury to
an employee who is a veteran of the United States armed forces
because the employee contracted the illness or received the injury in
the course of or as a result of military service and the illness or
injury is or may be covered by a compensation plan administered by
the United States department of veterans affairs.

Sec.
125.01.
As
used in this chapter:

(A)
"Order" means a copy of a contract or a statement of the
nature of a contemplated expenditure, a description of the property
or supplies to be purchased or service to be performed, other than a
service performed by officers and regular employees of the state, and
per diem of the national guard, and the total sum of the expenditure
to be made therefor, if the sum is fixed and ascertained, otherwise
the estimated sum thereof, and an authorization to pay for the
contemplated expenditure, signed by the person instructed and
authorized to pay upon receipt of a proper invoice.

(B)
"Invoice" means an itemized listing showing delivery of the
supplies or performance of the service described in the order
including all of the following:

(1)
The date of the purchase or rendering of the service;

(2)
An itemization of the things done, material supplied, or labor
furnished;

(3)
The sum due pursuant to the contract or obligation.

(C)
"Products" means materials, supplies, merchandise, goods,
wares, and foodstuffs.

(D)
"Produced" means the manufacturing, processing, mining,
developing, and making of a thing into a new article with a distinct
character in use through the application of input, within the state
or a state bordering Ohio, of Buy Ohio products, labor, skill, or
other services. "Produced" does not include the mere
assembling or putting together of products or materials from outside
of Ohio or a state bordering Ohio.

(E)
"Buy Ohio products" means products that are mined,
excavated, produced, manufactured, raised, or grown in the state or a
state bordering Ohio where the input of Buy Ohio products, labor,
skill, or other services constitutes no less than twenty-five per
cent of the manufactured cost. With respect to mined products, such
products shall be mined or excavated in this state or a state
bordering Ohio
.
"Buy Ohio products" includes any product that includes
semiconductors produced by a company with a significant Ohio economic
presence
.

(F)
"Purchase" means to buy, rent, lease, lease purchase, or
otherwise acquire supplies or services. "Purchase" also
includes all functions that pertain to the obtaining of supplies or
services, including description of requirements, selection and
solicitation of sources, preparation and award of contracts, all
phases of contract administration, and receipt and acceptance of the
supplies and services and payment for them.

(G)
"Services" means the furnishing of labor, time, or effort
by a person, not involving the delivery of a specific end product
other than a report which, if provided, is merely incidental to the
required performance. "Services" does not include services
furnished pursuant to employment agreements or collective bargaining
agreements.

(H)
"Supplies" means all property, including, but not limited
to, equipment, materials, and other tangible assets, but excluding
real property or an interest in real property.

(I)
"Competitive selection" means any of the following
procedures for making purchases:

(1)
Competitive sealed bidding under section 125.07 of the Revised Code;

(2)
Competitive sealed proposals under section 125.071 of the Revised
Code;

(3)
Reverse auctions under section 125.072 of the Revised Code;

(4)
Electronic procurement under section 125.073 of the Revised Code.

(J)
"Direct purchasing authority" means the authority of a
state agency to make a purchase without competitive selection
pursuant to sections 125.05 and 127.16 of the Revised Code.

Sec.
125.041.
(A)
Nothing in sections 125.02, 125.04 to 125.08, 125.12 to 125.16,
125.18, 125.31 to
125.76
125.71
,
or 125.831 of the Revised Code shall be construed as limiting the
attorney general, auditor of state, secretary of state, or treasurer
of state in any of the following:

(1)
Purchases for less than the dollar amounts for the purchase of
supplies or services determined under section 125.05 of the Revised
Code;

(2)
Purchases that equal or exceed the dollar amounts for the purchase of
supplies or services determined under section 125.05 of the Revised
Code with the approval of the controlling board, if that approval is
required by section 127.16 of the Revised Code;

(3)
The final determination of the nature or quantity of any purchase of
supplies or services under division (B) of section 125.02 or under
division (G) of section 125.035 of the Revised Code;

(4)
The final determination and disposal of excess and surplus supplies;

(5)
The inventory of state property;

(6)
The purchase of printing;

(7)
Activities related to information technology development and use;

(8)
The fleet management program.

(B)
Nothing in this section shall be construed as preventing the attorney
general, auditor of state, secretary of state, or treasurer of state
from complying with or participating in any aspect of Chapter 125. of
the Revised Code through the department of administrative services.

Sec.
125.052.
(A)
As used in this section:

(1)
"Online subscription" means an offering through an internet
online service or platform to access digital content or services on a
recurring basis in exchange for a subscription fee.

(2)
"State agency" has the same meaning as in section 1.60 of
the Revised Code, except that it does not include the general
assembly, any legislative agency, or the governor.

(B)
Any online subscription purchased by a state agency for a news
periodical or news web site that is not headquartered in this state,
and which in the aggregate exceeds five hundred dollars during the
fiscal year, is subject to controlling board approval.

Sec.
125.071.
(A)
In accordance with rules the director of administrative services
shall adopt, the director may make purchases by competitive sealed
proposal whenever the director determines that the use of competitive
sealed bidding is not possible or not advantageous to the state.

(B)
Proposals shall be solicited through a request for proposals. The
request for proposals shall state the relative importance of price
and other evaluation factors. Notice of the request for proposals
shall be given in accordance with rules the director shall adopt.

(C)
Proposals shall be opened so as to avoid disclosure of contents to
competing offerors.

In
order to ensure fair and impartial evaluation, proposals and related
documents submitted in response to a request for proposals are not
available for public inspection and copying under section 149.43 of
the Revised Code until after the award of the contract.

(D)
As provided in the request for proposals, and under rules the
director shall adopt, discussions may be conducted with responsible
offerors who submit proposals determined to be reasonably susceptible
of being selected for award for the purpose of ensuring full
understanding of, and responsiveness to, solicitation requirements.
Offerors shall be accorded fair and equal treatment with respect to
any opportunity for discussion regarding any clarification,
correction, or revision of proposals. No disclosure of any
information derived from proposals submitted by competing offerors
shall occur when discussions are conducted.

(E)
Award may be made to the offerors whose proposals are determined to
be the most advantageous to this state, taking into consideration
factors such as price and the evaluation criteria set forth in the
request for proposals. The contract file shall contain the basis on
which the award is made.

Sec.
125.11.
(A)
Subject to division (B) of this section, contracts awarded pursuant
to a reverse auction under section 125.072 of the Revised Code or
pursuant to competitive sealed bidding, including contracts awarded
under section 125.081 of the Revised Code, shall be awarded to the
lowest responsive and responsible bidder in accordance with section
9.312 of the Revised Code, and contracts awarded pursuant to a
competitive sealed proposal shall be awarded to the offeror
determined to be the most advantageous to this state.

(B)
Prior to awarding a contract under division (A) of this section, the
department of administrative services or the state agency responsible
for evaluating a contract for the purchase of products or services
shall evaluate the bids and offers received according to the criteria
and procedures established pursuant to division (B) of section 125.09
of the Revised Code for determining if a product is mined, excavated,
produced, manufactured, raised, or grown in the United States, in
this state, or in a state bordering Ohio, whether the bid or offer
was received from a Buy Ohio supplier, and whether the bid or offer
was received from a certified veteran-friendly business enterprise.
These requirements shall be applied where sufficient competition can
be generated to ensure that compliance with these requirements will
be in the best interest of the state unless otherwise prohibited.

(C)

In
order to ensure fair and impartial evaluation, materials relating to
a solicitation through competitive selection shall not be considered
public records under section 149.43 of the Revised Code until after
the award of the contract based on the competitive selection. If all
bids or proposals received in response to a solicitation through
competitive selection are rejected, and notice is provided of an
intent to reissue the solicitation through competitive selection, the
materials relating to the original solicitation and the materials
relating to the reissued solicitation shall not be considered public
records under section 149.43 of the Revised Code until after the
award of the contract based on the reissued solicitation through
competitive selection.

(D)

Division
(B) of this section applies to contracts for which competitive
selection is waived by the controlling board.

(D)
(E)

Division (B) of this section does not apply to the purchase by the
division of liquor control of spirituous liquor.

Sec.
125.111.
(A)

Every contract for or on behalf of the state or any of its political
subdivisions for any purchase shall contain provisions similar to
those required by section 153.59 of the Revised Code in the case of
construction contracts by which the contractor agrees to both of the
following:

(1)
(A)

That, in the hiring of employees for the performance of work under
the contract or any subcontract, no contractor or subcontractor, by
reason of race, color, religion, sex, age, disability or military
status as defined in section 4112.01 of the Revised Code, national
origin, or ancestry, shall discriminate against any citizen of this
state in the employment of a person qualified and available to
perform the work to which the contract relates;

(2)
(B)

That no contractor, subcontractor, or person acting on behalf of any
contractor or subcontractor, in any manner, shall discriminate
against, intimidate, or retaliate against any employee hired for the
performance of work under the contract on account of race, color,
religion, sex, age, disability or military status as defined in
section 4112.01 of the Revised Code, national origin, or ancestry.

(B)
All contractors from whom the state or any of its political
subdivisions make purchases shall have a written affirmative action
program for the employment and effective utilization of economically
disadvantaged persons, as referred to in division (E)(1) of section
122.71 of the Revised Code. Annually, each such contractor shall file
a description of the affirmative action program and a progress report
on its implementation with the department of development.

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

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

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

(B)
Whenever a state agency has excess or surplus supplies, it shall
notify the director of administrative services. On forms provided by
the director, the state agency shall furnish to the director a list
of its excess and surplus supplies, including the location of the
supplies and whether the supplies are currently in the agency's
control.

(C)
Upon receipt of notification and at no cost to the state agency, the
director of administrative services shall make arrangements for their
disposition and shall take immediate control of a state agency's
excess and surplus supplies, except for the following excess and
surplus supplies:

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

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

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

(4)
Hazardous property;

(5)
Excess or surplus supplies that the director has authorized to be
part of an interagency transfer;

(6)
Excess or surplus supplies that are donated under division (H) of
this section.

(D)
The director shall inventory excess and surplus supplies in the
director's control and post on a public web site a list of the
supplies available for acquisition. The director may have the
supplies repaired. The director shall not charge a fee for the
collection or transportation of excess and surplus supplies.

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

(1)
Dispose of declared surplus or excess supplies in the director's
control by sale, lease, donation, or transfer. If the director does
so, the director shall dispose of those supplies in any of the
following manners:

(a)
To state agencies or by interagency trade;

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

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

(d)
To nonpublic elementary and secondary schools chartered by the
department of education and workforce under section 3301.16 of the
Revised Code;

(e)
To a nonprofit organization that is both exempt from federal income
taxation under 26 U.S.C. 501(a) and (c)(3) and that
receives
funds from the state or has a contract
is
registered and in good standing
with
the
secretary
of
state

as
a domestic nonprofit or not-for-profit corporation
;

(f)
To the general public by auction, sealed bid, sale, or negotiation.

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

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

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

(H)
Excess and surplus supplies of food shall be exempt from this section
and may be donated directly to nonprofit food pantries and
institutions without notification to the director of administrative
services.

Sec.
125.183.
(A)
As used in this section:

(1)
"Covered application" means
all
of the following:

(a)
The TikTok application and service or any successor application or
service developed or provided by ByteDance limited or an entity owned
by ByteDance limited;

(b)
The WeChat application and service or any successor application or
service developed or provided by Tencent holdings limited or an
entity owned by Tencent holdings limited;

(c)
Any application or service owned by an entity located in China,
including QQ International (QQi), Qzone, Weibo, Xiao HongShu, Zhihu,
Meituan, Toutiao, Alipay, Xiami Music, Tiantian Music, DingTalkfDing
Ding, Douban, RenRen, Youku/Tudou, Little Red Book, and Zhihu
any
application owned or controlled, directly or indirectly, by an entity
identified as a foreign adversary as defined in 15 C.F.R. 791.2
.

(2)
"State agency" means every organized body, office, or
agency established by the laws of this state for the exercise of any
function of state government, other than any state-supported
institution of higher education, the courts, or any judicial agency.
"State agency" includes the general assembly, any
legislative agency, and the capitol square review and advisory board.

(B)
Subject to division (C) of this section, the state chief information
officer shall do all of the following:

(1)
Require state agencies immediately to remove any covered application
from all equipment they own or lease;

(2)
Prohibit all of the following on equipment owned or leased by a state
agency:

(a)
The downloading, installation, or use of a covered application;

(b)
The downloading, installation, or use of a covered application using
an internet connection provided by a state agency;

(c)
The downloading, installation, or use of a covered application by any
officer, employee, or contractor of a state agency.

(3)
Require state agencies to take measures to prevent the downloading,
installation, or use of a covered application as described in
division (B)(2) of this section.

(C)
Division (B) of this section shall include exceptions to allow a
qualified person to download, install, or use a covered application
for law enforcement or security purposes, so long as the person takes
appropriate measures to mitigate the security risks involved in doing
so.

Sec.
125.31.
(A)
The department of administrative services shall have supervision of
all public printing except as follows:

(1)
Printing for the general assembly shall be the sole responsibility of
the clerk of the senate and the clerk of the house of representatives
unless the clerk of the senate or the clerk of the house of
representatives chooses either of the options specified in section
101.523 or 101.524 of the Revised Code.

(2)
Printing for the Ohio arts council shall be under the supervision of
the council.

(3)
Printing for the capitol square review and advisory board shall be
under the supervision of the board.

(4)
Printing for state-supported institutions of higher education shall
be under the supervision of the department of purchasing of each such
institution or the department or officer within each institution that
performs the functions of a department of purchasing.

(B)
The department of administrative services shall determine, except as
otherwise specifically provided by law, the number of copies to be
printed of each publication or document, the source of reproduction,
the manner of binding, quality of paper, the general kind, size, and
spacing of type to be used in all reports, publications, bulletins,
documents, or pamphlets printed at public expense.

The
department shall not use its authority to curtail the release of
public information by any elected state official.

(C)

For
the purposes of sections 125.31 to 125.76 of the Revised Code, all
functions, powers, and duties assigned to the department of
administrative services are considered to be assigned to the division
of state printing within the department of administrative
services
Division
(B) of this section does not apply to printing contracts requiring
special security paper, of a unique nature, if compliance will result
in acquiring a disproportionately inferior product or a price that
exceeds by more than five per cent the lowest price submitted on a
non-Ohio bid
.

Sec.
125.42.
(A)
No agency, officer, board, or commission, except the clerk of the
senate and the clerk of the house of representatives, shall print or
cause to be printed at the public expense, any report, bulletin,
document, or pamphlet, unless such report, bulletin, document, or
pamphlet is first submitted to, and the printing thereof approved by,
the department of administrative services. If the department approves
the printing, it shall determine the form of such printing and the
number of copies.

If
such approval is given, the department shall cause the same to be
printed and bound

as
provided by sections 125.49, 125.51, and 125.56 of the Revised Code,
except as otherwise provided by section 125.45 of the Revised Code
;
and when printed, such publications or forms shall be delivered to
the ordering officer, board, commission, or department, or sold at a
price not to exceed the total cost.

(B)
The department of administrative services annually shall set a
maximum cost per page and a maximum total cost for the printing by
any board, commission, council, or other public body of the state of
any annual report or any other report that it is required by law to
produce. No board, commission, council, or other public body of the
state shall expend or incur the expenditure of any amount in excess
of these maximum amounts without the prior approval of the
department. This division does not apply to the general assembly or
any court.

Sec.
125.58.
The
department of administrative services shall promptly notify each
successful offeror of the acceptance of the offeror's bid or proposal
for state printing. If such offeror fails to execute the contract
because of death or other cause, or if the offeror fails to execute
the work required by the contract in a proper manner and with
reasonable promptness, or the contract is abandoned, or its execution
is temporarily suspended, the department may enter into a contract
with another person for the prompt execution of the work for the
lowest price which may be obtained. Before any work is relet in
consequence of the misconduct or default of the contractor, the
department shall give the contractor written notice thereof.
The
department of administrative services may set a daily penalty charge
for late orders, provided the penalty schedule and amount are stated
in the invitation to bid or request for proposals for
the

printing.

Sec.
125.95.
(A)
There is hereby created within the department of administrative
services the prescription drug transparency and affordability
advisory council. The department shall provide administrative support
to the advisory council as necessary for the advisory council to
carry out its duties under this section.

(1)
Members of the advisory council shall include the following:

(a)
The director of administrative services;

(b)
The director of health;

(c)
The medicaid director;

(d)
The director of
mental

behavioral

health

and
addiction services
;

(e)
The administrator of workers' compensation.

(2)
Members of the advisory council shall also include individuals who
are working to address prescription drug availability and
affordability in any of the following areas:

(a)
Insurance;

(b)
Local, state, and federal government service;

(c)
Private industry;

(d)
Organizations of faith;

(e)
Health care providers;

(f)
Consumer organizations;

(g)
Prescription drug manufacturers;

(h)
Prescription drug wholesale distributors;

(i)
Pharmacists;

(j)
Business organizations;

(k)
Individuals concerned about mental health or substance abuse matters;

(l)
Advocates for individuals struggling to afford prescription drugs.

The
governor, the senate president, and the speaker of the house of
representatives shall each appoint three members, each of whom
represents at least one of the categories listed in divisions
(A)(2)(a) to (l) of this section.

(B)
Members shall serve without compensation. Initial appointments shall
be made not later than sixty days after

the
effective date of this section

October
17, 2019
.
Vacancies shall be filled in the manner provided for original
appointments.

(C)
Not later than six months after the date of initial appointments
under division (B) of this section, the advisory council shall submit
a report to the governor
,

and

the general assembly
,
and the chairperson of the joint medicaid oversight committee

in accordance with section 101.68 of the Revised Code. The report
shall include recommendations on all of the following:

(1)
How this state can best achieve prescription drug price transparency;

(2)
New payment models or other avenues to create the most affordable
environment for purchasing prescription drugs;

(3)
Leveraging this state's purchasing power across all state agencies,
boards, commissions, and similar entities;

(4)
Creating efficiencies across different health care systems, such as
hospitals, the criminal justice system, treatment and recovery
support programs, and employer-sponsored health insurance, to reduce
duplicative service delivery across these systems, ensure that
patients receive high quality and affordable prescription drugs, and
support quality care and outcomes;

(5)
Which critical outcomes can be measured and used to improve this
state's system of purchasing affordable prescribed drugs;

(6)
How federal, state, and local resources are being used to optimize
these outcomes and identify where the resources can be better
coordinated or redirected to meet the needs of consumers in this
state.

(D)
State agencies, boards, commissions, and similar entities shall
cooperate with and provide assistance to the advisory council as
necessary for the advisory council to carry out its duties under this
section.

(E)
On
the
effective date of this amendment

September
30, 2021
,
the advisory council shall cease to exist. Thereafter, the
joint
medicaid oversight committee
legislative
service commission
may
examine any of the topics described in the report prepared by the
former advisory council under division (C) of this section upon the
request of a member of the
committee
the
standing committees with oversight of the medicaid program as
provided in section 103.41 of the Revised Code
.

Sec.
126.024.
Beginning
with the state budget that is introduced following the effective date
of this section, and subsequent state budgets thereafter, the
director of budget and management, in consultation with the medicaid
director, shall request and propose multiple medicaid health care
services general revenue fund appropriation items. At a minimum, the
directors shall propose a separate general revenue fund appropriation
item for the different health care services included in the medicaid
program, including all of the following:

(A)
Services provided under the care management system;

(B)
Nursing facility services;

(C)
Hospital services;

(D)
Behavioral health services;

(E)
Services provided under medicaid waiver components administered by
the department of aging;

(F)
Prescription drug services;

(G)
Physician services;

(H)
Services provided under the Ohio home care waiver program;

(I)
Services provided under medicaid waiver components administered by
the department of developmental disabilities;

(J)
Services provided under the medicaid waiver component known as the
Ohio resilience through integrated systems and excellence (OhioRISE)
waiver;

(K)
Any other medicaid health care services that the directors determine
should have a separate general revenue fund appropriation item.

Sec.
126.10.
(A)
For the purposes of this section:

(1)
"Agency" has the same meaning as in section 111.15 of the
Revised Code.

(2)
"State program" means any program, initiative, or service
administered or overseen by an agency.

(B)
Notwithstanding any provision of law to the contrary or any rules
adopted under it, if the federal government reduces, discontinues,
pauses, or otherwise suspends any federal program that provides
federal funds for any corresponding state program, such program may
be reduced, discontinued, paused, or suspended. This shall include
any contract, agreement, memorandum of understanding, or any other
covenant entered into by the state that is dependent on federal
funding.

Sec.
126.17.
(A)
As used in this section:

"Direct
cost" means a cost that can be identified specifically with a
particular final cost objective or that can be directly assigned to
such activities relatively easily with a high degree of accuracy.

"Indirect
cost" means a cost that is not readily identified with a
particular project, function or activity, but is necessary for the
general operation of the organization, and a cost not directly
identified with a single, final cost objective, but identified with
two or more final cost objectives or an intermediate cost objective.

"State
grant" means funding provided by a state agency to a state grant
recipient for which the agency does not require repayment.

"State
grant recipient" means an entity that receives a state grant,
whether for profit or nonprofit, a corporation, association,
partnership, limited liability company, sole proprietorship, or other
business entity. "State grant recipient" does not include
an individual who receives state assistance that is not related to
the individual's business.

(B)
The director of budget and management shall establish and administer
a centralized reporting system to receive financial status reports
submitted by state grant recipients. The system shall be operational
not later than one year after the effective date of this section. The
director shall adopt rules, under Chapter 119. of the Revised Code,
to set forth the information to be included in the financial status
reports, the frequency at which reports shall be submitted, and
guidelines for determining direct and indirect costs. The information
required shall be intended to assist the state in oversight of public
funds, and in evaluation of the effectiveness of grant programs. It
shall include all of the following:

(1)
An accounting of the expenditure of grant funds by a state grant
recipient, which shall separately identify any amount expended by
vendor and items purchased to directly benefit the public, and the
amount of indirect costs;

(2)
A project progress report;

(3)
Confirmation that the state grant recipient is in compliance with any
applicable laws or regulations.

The
centralized reporting system shall enable a state agency to report,
to the director, information regarding a state grant.

(C)
A state agency shall inform a state grant recipient of the
requirements of this section, and shall provide the name and contact
information of each recipient, the amount of the grant, and other
project-identifying information to the director of budget and
management.

(D)
A state grant recipient shall comply with the reporting requirements
established under this section, with respect to each state grant that
is awarded on or after the date that is one year after the effective
date of this section.

Sec.
126.24.
The
OAKS support organization fund is hereby created in the state
treasury for the purpose of paying the operating, development, and
upgrade expenses of the state's enterprise resource planning system.
The fund shall consist of transfers received pursuant to division
(A)(2) of section 126.12 of the Revised Code and agency payroll
charge revenues that are designated to support the operating,
development, and upgrade costs of the Ohio administrative knowledge
system.

All
investment earnings of the fund shall be credited to the fund.

Sec.
126.42.
(A)
Notwithstanding any provision of law to the contrary, the office of
budget and management shall perform routine support for the following
boards and commissions:

(1)
Architects board;

(2)
State chiropractic board;

(3)
State cosmetology and barber board;

(4)
Accountancy board;

(5)
State dental board;

(6)
Ohio occupational therapy, physical therapy, and athletic trainers
board;

(7)
State board of registration for professional engineers and surveyors;

(8)
Board of embalmers and funeral directors;

(9)
State board of psychology;

(10)
Counselor, social worker, and marriage and family therapist board;

(11)
State veterinary medical licensing board;

(12)
Commission on Hispanic-Latino affairs;

(13)
Commission on African-Americans;

(14)
Chemical dependency professionals board;

(15)
State vision professionals board;

(16)
State speech and hearing professionals board
;

(17)
New African immigrants commission
.

(B)(1)
For purposes of this section, the office of budget and management
shall perform the following routine support services for the boards
and commissions named in division (A) of this section unless the
controlling board exempts a board or commission from this requirement
on the recommendation of the office of budget and management:

(a)
Preparing and processing payroll and other personnel documents;

(b)
Preparing and processing vouchers, purchase orders, encumbrances, and
other accounting documents;

(c)
Maintaining ledgers of accounts and balances;

(d)
Preparing and monitoring budgets and allotment plans in consultation
with the boards and commissions;

(e)
Routine human resources and personnel services;

(f)
Other routine support services that the director of budget and
management considers appropriate to achieve efficiency.

(2)
In addition to the routine support services listed in division (B)(1)
of this section, the office of budget and management may perform
other services which a board or commission named in division (A) of
this section delegates to the office and the office accepts.

(3)
The office of budget and management may perform routine support
services for any
professional
or occupational licensing
board
or commission not named in division (A) of this section at the
request of the board or commission.

(C)
The office of budget and management shall determine the fees to be
charged to the boards and commissions, which shall be in proportion
to the services performed for each board or commission.

Sec.
126.60.
(A)
As used in this section:

(1)
"Agricultural water project" means a project that will
improve water quality by reducing or aiding in the reduction of
levels of phosphorus, nitrogen, or sediment, that result from
agricultural practices, in the waters of the state. "Agricultural
water project" includes a project involving research,
technology, design, construction, best management practices,
conservation, testing, or education.

(2)
"Community water project" means a project involving a
public water system operated by a political subdivision that will
improve water quality by reducing or aiding in the reduction of
levels of phosphorus, nitrogen, or sediment in the waters of the
state. "Community water project" includes a project
involving research, technology, design, construction, best management
practices, conservation, testing, or maintenance.

(3)
"Nature water project" means a project involving a natural
water system that will improve water quality by reducing or aiding in
the reduction of levels of phosphorus, nitrogen, or sediment in the
waters of the state. "Nature water project" includes a
project involving research, technology, design, construction, best
management practices, conservation, or maintenance. "Nature
water project" also includes the creation, maintenance, or
restoration of wetlands, flood plains, flood control systems, and
buffers throughout the state, including the western basin of Lake
Erie.

(B)
(1)

There is hereby created in the state treasury the H2Ohio fund
consisting of money credited to it and any donations, gifts,
bequests, and other money received for deposit in the fund.
All
investment earnings of the fund shall be credited to the fund.

All money credited or deposited in the fund shall be used for any of
the following purposes:

(1)
(a)

Agriculture water projects;

(2)
(b)

Community water projects;

(3)
(c)

Nature water projects;

(4)
(d)

Awarding or allocating grants or money, issuing loans, or making
purchases for the development and implementation of projects and
programs, including remediation projects, that are designed to
address water quality priorities;

(5)
(e)

Funding cooperative research, data gathering and monitoring, and
demonstration projects related to water quality priorities;

(6)
(f)

Encouraging cooperation with and among leaders from state
legislatures, state agencies, political subdivisions, business and
industry, labor, agriculture, environmental organizations,
institutions of higher education, and water conservation districts;

(7)
(g)

Other purposes, policies, programs, and priorities identified by the
Ohio Lake Erie commission in coordination with state agencies or
boards responsible for water protection and water management,
provided that the purposes, policies, programs, and priorities align
with a statewide strategic vision and comprehensive periodic water
protection and restoration strategy.

(2)
Money credited to or deposited in the fund shall not be used for the
purchase of land or for the purchase of a conservation easement.

(C)
Not later than August 31, 2020, and annually thereafter, the Ohio
Lake Erie commission, in coordination with state agencies or boards
responsible for water protection and water management, shall do both
of the following:

(1)
Prepare a report of the activities that were undertaken with respect
to the fund during the immediately preceding fiscal year, including
the revenues and expenses of the fund for the preceding fiscal year;

(2)
Submit the report to the general assembly and to the governor.

(D)
Within forty-five days after the report is submitted under division
(C) of this section, the directors of the state agencies that
contributed to the report and the executive director of the Lake Erie
commission shall appear before both the house of representatives and
senate committees that oversee state finance to testify on the
report.

Sec.
126.62.
(A)
The all Ohio future fund is hereby created in the state treasury. The
fund shall consist of money credited to it and any donations, gifts,
bequests, or other money received for deposit in the fund.
All
investment earnings of the fund shall be credited to the fund.
Money
in the fund shall be used to promote economic development throughout
the state, including infrastructure projects and other infrastructure
improvements.

(B)
The director shall adopt rules in accordance with Chapter 119. of the
Revised Code that establish requirements and procedures to provide
financial assistance from the all Ohio future fund. The director
shall consult with JobsOhio in adopting the rules.

(C)
No money shall be expended from the all Ohio future fund, pursuant to
appropriation, until it has been released by the controlling board.

Sec.
126.67.
The
targeted addiction assistance fund is created in the state treasury.
The fund shall consist of money awarded to the state by court order
that is intended to address the effects of the opioid crisis.

Beginning
January 15, 2027, any money received under the settlement agreement
in State of Ohio v. McKesson Corp., Case No. CVH20180055 (C.P.
Madison Co., settlement agreement of October 7, 2021) shall be
certified by the attorney general and remitted to the office of
budget and management for deposit in the fund. The director of budget
and management shall notify the speaker of the house of
representatives, the president of the senate, and the chairpersons of
the finance committees of the house of representatives and senate
when money is deposited into the fund.

Sec.
127.12.
There
is hereby created a controlling board consisting of all of the
following:

(A)
The director of budget and management or an employee of the office of
budget and management designated by the director;

(B)
The chairperson or vice-chairperson of the finance-appropriations
committee of the house of representatives, as designated by the
speaker;

(C)
The chairperson or vice-chairperson of the finance committee of the
senate, as designated by the president;

(D)
Two members of the house of representatives appointed by the speaker,
one from the majority party and one from the minority party;

(E)
Two members of the senate appointed by the president, one from the
majority party and one from the minority party.

Notwithstanding
section 101.26 of the Revised Code, the legislative members, when
engaged in their duties as members of the controlling board, shall be
paid at the per diem rate of one hundred fifty dollars, and their
necessary traveling expenses, which shall be paid from the funds
appropriated for the payment of expenses of legislative committees.

(F)

In
the event of the absence, illness, disability, death, or resignation
of a legislative member, the following persons may serve in the
member's absence: for the chairperson or vice-chairperson of the
finance-appropriations committee of the house of representatives, the
speaker or a member of the house
of
representatives

designated by the speaker; for the chairperson or vice-chairperson of
the senate finance committee, the president or a member of the senate
designated by the president; for a member of the board appointed by
the speaker of the house of representatives, or the president of the
senate, the speaker or the president, as the case may be, or a member
of the house of representatives or of the senate of the same party as
such controlling board member, designated by such speaker or
president.

As
used in any statute, "controlling board," unless the
context otherwise requires, means the controlling board created by
this section.

Sec.
127.13.
The
director of budget and management or
his

the
director's

designee shall be president of the controlling board. The president
shall prepare the proposed agenda for the meetings of the board and
shall provide, at least
seven

ten

days
prior to the meeting, copies of the proposed agenda and supporting
documentation to the members of the board and to
the
legislative budget office of
the
legislative service commission.

The
director shall designate an employee of the office of budget and
management to serve as secretary of the controlling board. The
secretary shall assist the president of the board and shall make and
keep a record of each request received by the board and of its action
thereon. The secretary shall certify a copy of the record of each
action to each member of the board and to the director.

The
controlling board may adopt procedural rules for the conduct of the
business of the board, may approve, disapprove, modify as to specific
dollar amounts, or defer requests, and may require that a request
from the senate, the house of representatives, the supreme court, or
an elected member of the executive department as defined in Section 1
of Article III, Ohio Constitution, not currently before the
controlling board be added to the agenda for a specified future
meeting of the board, provided that such request has been previously
submitted to the president for inclusion in the agenda for a board
meeting. The controlling board also may adopt rules authorizing the
president to act on its behalf in exigent circumstances affecting the
public health, safety, or welfare.

The
affirmative vote of no fewer than four members of the controlling
board shall be required for any action of the board. The board shall
meet at least once a month.

Sec.
127.16.
(A)
Upon the request of either a state agency or the director of budget
and management and after the controlling board determines that an
emergency or a sufficient economic reason exists, the controlling
board may approve the making of a purchase without competitive
selection as provided in division (B) of this section.

(B)
Except as otherwise provided in this section, no state agency, using
money that has been appropriated to it directly, shall:

(1)
Make any purchase from a particular supplier, that would amount to
fifty thousand dollars or more when combined with both the amount of
all disbursements to the supplier during the fiscal year for
purchases made by the agency and the amount of all outstanding
encumbrances for purchases made by the agency from the supplier,
unless the purchase is made by competitive selection or with the
approval of the controlling board;

(2)
Lease real estate from a particular supplier, if the lease would
amount to seventy-five thousand dollars or more when combined with
both the amount of all disbursements to the supplier during the
fiscal year for real estate leases made by the agency and the amount
of all outstanding encumbrances for real estate leases made by the
agency from the supplier, unless the lease is made by competitive
selection or with the approval of the controlling board.

(C)
Any person who authorizes a purchase in violation of division (B) of
this section shall be liable to the state for any state funds spent
on the purchase, and the attorney general shall collect the amount
from the person.

(D)
Nothing in division (B) of this section shall be construed as:

(1)
A limitation upon the authority of the director of transportation as
granted in sections 5501.17, 5517.02, and 5525.14 of the Revised
Code;

(2)
Applying to medicaid provider agreements under the medicaid program;

(3)
Applying to the purchase of examinations from a sole supplier by a
state licensing board under Title XLVII of the Revised Code;

(4)
Applying to entertainment contracts for the Ohio state fair entered
into by the Ohio expositions commission, provided that the
controlling board has given its approval to the commission to enter
into such contracts and has approved a total budget amount for such
contracts as agreed upon by commission action, and that the
commission causes to be kept itemized records of the amounts of money
spent under each contract and annually files those records with the
clerk of the house of representatives and the clerk of the senate
following the close of the fair;

(5)
Limiting the authority of the chief of the division of mineral
resources management to contract for reclamation work with an
operator mining adjacent land as provided in section 1513.27 of the
Revised Code;

(6)
Applying to investment transactions and procedures of any state
agency, except that the agency shall file with the board the name of
any person with whom the agency contracts to make, broker, service,
or otherwise manage its investments, as well as the commission, rate,
or schedule of charges of such person with respect to any investment
transactions to be undertaken on behalf of the agency. The filing
shall be in a form and at such times as the board considers
appropriate.

(7)

Applying
to purchases made with money for the per cent for arts program
established by section 3379.10 of the Revised Code;

(8)

Applying
to purchases made by the opportunities for Ohioans with disabilities
agency of services, or supplies, that are provided to persons with
disabilities, or to purchases made by the agency in connection with
the eligibility determinations it makes for applicants of programs
administered by the social security administration;

(9)
(8)

Applying to payments by the department of medicaid under section
5164.85 of the Revised Code for group health plan premiums,
deductibles, coinsurance, and other cost-sharing expenses;

(10)
(9)

Applying to any agency of the legislative branch of the state
government;

(11)
(10)

Applying to agreements or contracts entered into under section
5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the Revised Code;

(12)
(11)

Applying to purchases of services by the adult parole authority under
section 2967.14 of the Revised Code or by the department of youth
services under section 5139.08 of the Revised Code;

(13)
(12)

Applying to dues or fees paid for membership in an organization or
association;

(14)
(13)

Applying to purchases of utility services pursuant to section 9.30 of
the Revised Code;

(15)
(14)

Applying to purchases made in accordance with rules adopted by the
department of administrative services of motor vehicle, aviation, or
watercraft fuel, or emergency repairs of such vehicles;

(16)
(15)

Applying to purchases of tickets for passenger air transportation;

(17)
(16)

Applying to purchases necessary to provide public notifications
required by law or to provide notifications of job openings;

(18)
(17)

Applying to the judicial branch of state government;

(19)
(18)

Applying to purchases of liquor for resale by the division of liquor
control;

(20)
(19)

Applying to purchases of motor courier and freight services made in
accordance with department of administrative services rules;

(21)
(20)

Applying to purchases from the United States postal service and
purchases of stamps and postal meter replenishment from vendors at
rates established by the United States postal service;

(22)
(21)

Applying to purchases of books, periodicals, pamphlets, newspapers,
maintenance subscriptions, and other published materials;

(23)
(22)

Applying to purchases from other state agencies, including
state-assisted institutions of higher education or the Ohio history
connection;

(24)
(23)

Applying to purchases from a qualified nonprofit agency pursuant to
sections 125.60 to 125.6012
or
4115.31 to 4115.35
of
the Revised Code;

(25)
(24)

Applying to payments by the department of job and family services to
the United States department of health and human services for
printing and mailing notices pertaining to the tax refund offset
program of the internal revenue service of the United States
department of the treasury;

(26)
(25)

Applying to contracts entered into by the department of developmental
disabilities under section 5123.18 of the Revised Code;

(27)
(26)

Applying to payments made by the department of mental health and
addiction services under a physician recruitment program authorized
by section 5119.185 of the Revised Code;

(28)
(27)

Applying to contracts entered into with persons by the director of
commerce for unclaimed funds collection and remittance efforts as
provided in division (G) of section 169.03 of the Revised Code. The
director shall keep an itemized accounting of unclaimed funds
collected by those persons and amounts paid to them for their
services.

(29)
(28)

Applying to purchases made by a state institution of higher education
in accordance with the terms of a contract between the vendor and an
inter-university purchasing group comprised of purchasing officers of
state institutions of higher education;

(30)
(29)

Applying to the department of medicaid's purchases of health
assistance services under the children's health insurance program;

(31)
(30)

Applying to payments by the attorney general from the reparations
fund to hospitals and other emergency medical facilities for
performing medical examinations to collect physical evidence pursuant
to section 2907.28 of the Revised Code;

(32)
(31)

Applying to contracts with a contracting authority or administrative
receiver under division (B) of section 5126.056 of the Revised Code;

(33)
(32)

Applying to purchases of goods and services by the department of
veterans services in accordance with the terms of contracts entered
into by the United States department of veterans affairs;

(34)
(33)

Applying to payments by the superintendent of the bureau of criminal
identification and investigation to the federal bureau of
investigation for criminal records checks pursuant to section 109.572
of the Revised Code;

(35)
(34)

Applying to contracts entered into by the department of medicaid
under section 5164.47 of the Revised Code;

(36)
(35)

Applying to contracts entered into under section 5160.12 of the
Revised Code;

(37)
(36)

Applying to payments to the Ohio history connection from other state
agencies.

(E)
When determining whether a state agency has reached the cumulative
purchase thresholds established in divisions (B)(1) and (2) of this
section, the following purchases by such agency shall not be
considered:

(1)
Purchases made through competitive selection or with controlling
board approval;

(2)
Purchases listed in division (D) of this section;

(3)
For the purposes of the threshold of division (B)(1) of this section
only, leases of real estate.

(F)
A state agency, when exercising direct purchasing authority under
this section, shall utilize a selection process that complies with
all applicable laws, rules, or regulations of the department of
administrative services.

(G)
As used in this section, "competitive selection," "direct
purchasing authority," "purchase," "supplies,"
and "services" have the same meanings as in section 125.01
of the Revised Code.

Sec.
128.021.
(A)
Not later than January 1, 2014, and in accordance with Chapter 119.
of the Revised Code, the steering committee shall adopt rules that
establish technical and operational standards for public safety
answering points eligible to receive disbursements under section
128.55 of the Revised Code. The rules shall incorporate industry
standards and best practices for 9-1-1 services. Public safety
answering points shall comply with the standards not later than two
years after the effective date of the rules adopting the standards. A
public safety answering point may be deemed compliant with rules for
minimum staffing standards, if it can demonstrate compliance with all
other rules for operational standards.

(B)
Not later than one year after September 29, 2015, and in accordance
with Chapter 119. of the Revised Code, the steering committee shall
conduct an assessment of the operational standards for public safety
answering points developed under division (A) of this section and
revise the standards as necessary to ensure that the operational
standards contain the following:

(1)
Policies to ensure that public safety answering point personnel
prioritize life-saving questions in responding to each call to a
9-1-1 system established under this chapter;

(2)
A requirement that all public safety answering point personnel
complete proper training or provide proof of prior training to give
instructions regarding emergency situations.

(C)
Upon the effective date of the amendments to this section by
this
act
H.B.
33 of the 135th general assembly, October 3, 2023
,
all public safety answering points that answer 9-1-1 calls for
service
from
wireless services
shall
be subject to the public safety answering point operations rules.
Public safety answering points not originally required to be
compliant shall comply with the standards not later than two years
after the effective date of the amendments to this section by
this
act
H.B.
33 of the 135th general assembly, October 3, 2023
.

Sec.
128.41.
(A)
As used in this section, "communications service" means any
wireless service, multiline telephone system, and voice over internet
protocol system to which both of the following apply:

(1)
The service or system is registered to the subscriber's address
within this state or the subscriber's primary place of using the
service or system is in this state.

(2)
The service or system is capable of initiating a direct connection to
9-1-1.

(B)
After the expiration of the charge described in division (A)(1) of
section 128.40 of the Revised Code and except as provided in sections
128.413 and 128.42 of the Revised Code, there is imposed a next
generation 9-1-1 access fee of
forty

sixty

cents
per month on each communications service, which shall be imposed as
follows:

(1)
In the case of wireless telephone service, a subscriber shall pay a
separate next generation 9-1-1 access fee for each wireless telephone
number assigned to the subscriber.

(2)
In the case of a voice over internet protocol system, a subscriber
shall pay a separate fee for each voice channel provided to the
subscriber through the system. The number of voice channels shall be
equal to the number of outbound calls the subscriber can maintain at
the same time using the system, but excludes a direct inward dialing
number that merely routes an inbound call. The maximum number of
separate fees imposed on a subscriber's system shall not exceed one
hundred voice channels per network.

(3)
In the case of a multiline telephone system, the subscriber shall pay
a separate fee for each line. The maximum number of separate fees
imposed on a single subscriber with a multiline telephone system
shall not exceed one hundred per building with a unique street
address or physically identifiable location.

(C)
If more than one communications service shares the same telephone
number, then the next generation 9-1-1 access fee imposed shall not
exceed
forty

sixty

cents
per month.

Sec.
128.46.
(A)(1)
An entity required to collect a wireless 9-1-1 charge under section
128.40 of the Revised Code or the next generation 9-1-1 access fee
under section 128.414 or 128.421 of the Revised Code shall, on or
before the twenty-third day of each month, except as provided in
divisions (A)(2) and (3) of this section, do both of the following:

(a)
Make and file a return for the preceding month, in the form
prescribed by the tax commissioner, showing the amount of the charges
or fees due for that month;

(b)
Remit the full amount due, as shown on the return, with the exception
of charges or fees equivalent to the amount authorized as a
collection fee under division (B) of this section.

(2)
The commissioner may grant one or more thirty-day extensions for
making and filing returns and remitting amounts due.

(3)
If a seller is required to collect prepaid wireless 9-1-1 charges
under section 128.40 of the Revised Code or next generation 9-1-1
access fees under section 128.421 of the Revised Code in amounts that
do not merit monthly returns, the commissioner may authorize the
seller to make and file returns less frequently. The commissioner
shall ascertain whether this authorization is warranted upon the
basis of administrative costs to the state.

(B)
A wireless service provider, reseller, and seller may each retain as
a collection fee three per cent of the total wireless 9-1-1 charges
required to be collected under sections 128.40, 128.41, and 128.42 of
the Revised Code, and shall account to the tax commissioner for the
amount retained.

(C)
The return required under division (A)(1)(a) of this section shall be
filed electronically using the Ohio business gateway, as defined in
section 718.01 of the Revised Code, or any other electronic means
prescribed by the tax commissioner. Remittance of the amount due
shall be made electronically in a manner approved by the
commissioner. An entity required to file the return may apply to the
commissioner on a form prescribed by the commissioner to be excused
from either electronic requirement of this division. For good cause
shown, the commissioner may excuse the entity from either or both of
the requirements and may permit the entity to file returns or make
remittances by nonelectronic means.

(D)(1)
Each subscriber or consumer on which a wireless 9-1-1 charge is
imposed under section
128.40

of the Revised Code or on which a next generation 9-1-1 access fee is
imposed under section 128.41 or 128.42 of the Revised Code is liable
to the state for the amount of the charge.

(2)
An entity required to collect the wireless 9-1-1 charge under section
128.40 of the Revised Code or the next generation 9-1-1 access fee
under section 128.414 or 128.421 of the Revised Code is liable to the
state for any amount that was required to be collected but that was
not remitted, regardless of whether the amount was collected.

(3)
No provider of a prepaid wireless calling service shall be liable to
the state for any wireless 9-1-1 charge imposed under section 128.40
of the Revised Code or any next generation 9-1-1 access fee imposed
under section 128.42 of the Revised Code that was not collected or
remitted.

(E)(1)
If the tax commissioner has reason to believe that an entity required
to collect a wireless 9-1-1 charge under section 128.40 of the
Revised Code or the next generation 9-1-1 access fee under section
128.414 or 128.421 of the Revised Code has failed to bill, collect,
or remit the charge or fee as required by this section and sections
128.40 to 128.422 of the Revised Code or has retained more than the
amount authorized under division (B) of this section, and after
written notice to the entity, the tax commissioner may audit the
entity for the sole purpose of making such a determination. The audit
may include, but is not limited to, a sample of the entity's
billings, collections, remittances, or retentions for a
representative period, and the tax commissioner shall make a good
faith effort to reach agreement with the entity in selecting that
sample.

(2)
Upon written notice to the entity, the tax commissioner, after
completion of the audit, may make an assessment against the entity
if, pursuant to the audit, the tax commissioner determines that the
entity has failed to bill, collect, or remit the charge or fee as
required by sections 128.40 to 128.422 of the Revised Code or has
retained more than the amount authorized under division (B) of this
section. The assessment shall be in the amount of any remittance that
was due and unpaid on the date notice of the audit was sent by the
tax commissioner to the entity or, as applicable, in the amount of
the excess amount under division (B) of this section retained by the
entity as of that date.

(3)
The portion of any assessment consisting of charges or fees due and
not paid within sixty days after the date that the assessment was
made under division (E)(2) of this section shall bear interest from
that date until paid at the rate per annum prescribed by section
5703.47 of the Revised Code. That interest may be collected by making
an assessment under division (E)(2) of this section.

(4)
Unless the entity assessed files with the tax commissioner within
sixty days after service of the notice of assessment
,
either personally or by certified mail,

a written petition for reassessment, signed by the entity assessed or
that entity's authorized agent having knowledge of the facts, the
assessment shall become final and the amount of the assessment shall
be due and payable from the entity assessed to the treasurer of
state, for deposit to the next generation 9-1-1 fund, which is
created under section 128.54 of the Revised Code. The petition shall
indicate the objections of the entity assessed, but additional
objections may be raised in writing if received by the commissioner
prior to the date shown on the final determination. If the petition
has been properly filed, the commissioner shall proceed under section
5703.60 of the Revised Code.

(5)
After an assessment becomes final, if any portion of the assessment
remains unpaid, including accrued interest, a certified copy of the
final assessment may be filed in the office of the clerk of the court
of common pleas in the county in which the business of the assessed
entity is conducted. If the entity assessed maintains no place of
business in this state, the certified copy of the final assessment
may be filed in the office of the clerk of the court of common pleas
of Franklin county. Immediately upon the filing, the clerk shall
enter a judgment for the state against the assessed entity in the
amount shown on the final assessment. The judgment may be filed by
the clerk in a loose-leaf book entitled "special judgments for
9-1-1 charges and fees" and shall have the same effect as other
judgments. The judgment shall be executed upon the request of the tax
commissioner.

(6)
If the commissioner determines that the commissioner erroneously has
refunded a 9-1-1 charge or fee to any person, the commissioner may
make an assessment against that person for recovery of the
erroneously refunded charge.

(7)
An assessment under division (E) of this section does not discharge a
subscriber's or consumer's liability to reimburse the entity for a
9-1-1 charge or fee. If, after the date of service of the audit
notice under division (E)(1) of this section, a subscriber or
consumer pays a 9-1-1 charge or fee for the period covered by the
assessment, the payment shall be credited against the assessment.

Sec.
128.54.
(A)(1)
For the purpose of receiving, distributing, and accounting for
amounts received from the wireless 9-1-1 charges imposed under
section 128.40 of the Revised Code and the next generation 9-1-1
access fees imposed under sections 128.41 and 128.42 of the Revised
Code, the following funds are created in the state treasury:

(a)
The 9-1-1 government assistance fund;

(b)
The 9-1-1 administrative fund;

(c)
The 9-1-1 program fund;

(d)
The next generation 9-1-1 fund.

(2)
Amounts remitted under section 128.46 of the Revised Code shall be
paid to the treasurer of state for deposit as follows:

(a)

Seventy-two

Eighty-one
and one-third
per
cent to the 9-1-1 government assistance fund. All interest earned on
the 9-1-1 government assistance fund shall be credited to the fund.

(b)

One

Two-thirds
of one
per
cent to the 9-1-1 administrative fund;

(c)

Two

One
and one-third
per
cent to the 9-1-1 program fund;

(d)

Twenty-five

Sixteen
and two-thirds
per
cent to the next generation 9-1-1 fund.

(3)
The tax commissioner shall use the 9-1-1 administrative fund to
defray the costs incurred in carrying out this chapter.

(4)
The steering committee shall use the 9-1-1 program fund to defray the
costs incurred by the steering committee in carrying out this
chapter.

(5)
Annually, the tax commissioner, after paying administrative costs
under division (A)(3) of this section, shall transfer any excess
remaining in the 9-1-1 administrative fund to the next generation
9-1-1 fund, created under this section.

(B)
At the direction of the steering committee, the tax commissioner
shall transfer the funds remaining in the 9-1-1 government assistance
fund to the credit of the next generation 9-1-1 fund. All interest
earned on the next generation 9-1-1 fund shall be credited to the
fund.

(C)
From the funds created in division (A)(1) of this section, the
director of budget and management shall, as funds are available,
transfer to the tax refund fund, created under section 5703.052 of
the Revised Code, amounts equal to the refunds certified by the tax
commissioner under division (D) of section 128.47 of the Revised
Code, in the same percentage as the certified refund amounts were
deposited in those funds as specified in division (A)(2) of this
section.

(D)
The department of administrative services may move funds between the
next generation 9-1-1 fund and the 9-1-1 government assistance fund
to ensure funding remains sustainable for both funds.

Sec.
131.01.
As
used in Chapters 113., 117., 123., 124., 125., 126., 127., and 131.
of the Revised Code, and any statute that uses the terms in
connection with state accounting or budgeting:

(A)
"Account" means any record, element, or summary in which
financial transactions are identified and recorded as debit or credit
transactions in order to summarize items of a similar nature or
classification.

(B)
"Accounting procedure" means the arrangement of all
processes which discover, record, and summarize financial information
to produce financial statements and reports and to provide internal
control.

(C)
"Accounting system" means the total structure of records
and procedures which discover, record, classify, and report
information on the financial position and operations of a
governmental unit or any of its funds and organizational components.

(D)
"Allocation" means a portion of an appropriation which is
designated for expenditure by specific organizational units or for
special purposes, activities, or objects that do not relate to a
period of time.

(E)
"Allotment" means all or part of an appropriation which may
be encumbered or expended within a specific period of time.

(F)
"Appropriation" means an authorization granted by the
general assembly to make expenditures and to incur obligations for
specific purposes.

(G)
"Assets" means resources owned, controlled, or otherwise
used or held by the state which have monetary value.

(H)
"Budget" means the plan of financial operation embodying an
estimate of proposed expenditures and obligations for a given period
and the proposed means of financing them.

(I)

"Check"
means a negotiable financial instrument, payable upon demand,
directing a financial institution to transfer money from the payer's
account to the payee.

(J)

"Direct
deposit" is a form of electronic funds transfer in which money
is electronically deposited into the account of a person or entity at
a financial institution.

(J)
(K)

"Disbursement" means a payment made for any purpose.

(K)
(L)

"Electronic benefit transfer" means the electronic delivery
of benefits through automated teller machines, point of sale
terminals, or other electronic media pursuant to section 5101.33 of
the Revised Code.

(L)
(M)

"Electronic funds transfer" means the electronic movement
of funds via automated clearing house or wire transfer.

(M)
(N)

"Encumbrancing document" means a document reserving all or
part of an appropriation.

(N)
(O)

"Expenditure" means a reduction of the balance of an
appropriation after legal requirements have been met.

(O)
(P)

"Fund" means an independent fiscal and accounting entity
with a self-balancing set of accounts recording cash or other
resources, together with all related liabilities, obligations,
reserves, and fund balances which are segregated for the purpose of
carrying on specific activities or attaining certain objectives in
accordance with special rules, restrictions, or limitations.

(P)
(Q)

"Lapse" means the automatic termination of an appropriation
at the end of the fiscal period for which it was appropriated.

(Q)
(R)

"Reappropriation" means an appropriation of a previous
appropriation that is continued in force in a succeeding
appropriation period. "Reappropriation" shall be equated
with and incorporated in the term "appropriation."

(R)
(S)

"Stored value card" means a payment card that may have
money loaded and stored on the card and accessed through automated
teller machines, point of sale terminals, or other electronic media.
"Stored value card" does not include any payment card
linked to, and that can access money in, an external account
maintained by a financial institution.

(S)
(T)

"Voucher" means the document used to transmit a claim for
payment and evidentiary matter related to the claim.

(T)
(U)

"Warrant" means an order drawn upon the treasurer of state
by the director of budget and management, or an authorized person at
a state entity that has a custodial account in the custody of the
treasurer of state, directing the treasurer of state to pay a
specified amount to one or more specified payees. A variety of
payment instruments may be used, including but not limited to paper
warrants

or
checks
,
stored value cards, direct deposit to the payee's bank account, or
the drawdown of funds by electronic benefit transfer, and the
resulting electronic transfer to or by the ultimate payees.

The
terms defined in this section shall be used, on all accounting forms,
reports, formal rules, and budget requests produced by a state
agency, only as defined in this section.

Sec.
131.02.
(A)
Except as otherwise provided in section 4123.37, section 5703.061,
and division (K) of section 4123.511 of the Revised Code, whenever
any amount is payable to the state, the officer, employee, or agent
responsible for administering the law under which the amount is
payable shall immediately proceed to collect the amount or cause the
amount to be collected and shall pay the amount into the state
treasury or into the appropriate custodial fund in the manner set
forth pursuant to section 113.08 of the Revised Code.

Except
as otherwise provided in this division, if the amount is not paid
within forty-five days after payment is due, the officer, employee,
or agent shall certify the amount due to the attorney general
,

in
accordance with section 131.026 of the Revised Code and

in the form and manner prescribed by the attorney general. In the
case of an amount payable by a student enrolled in a state
institution of higher education, the amount shall be certified
,
in accordance with section 131.026 of the Revised Code,

within the later of forty-five days after the amount is due or the
tenth day after the beginning of the next academic semester, quarter,
or other session following the session for which the payment is
payable. The attorney general may assess the collection cost to the
amount certified in such manner and amount as prescribed by the
attorney general. If an amount payable to a political subdivision is
past due, the political subdivision may, with the approval of the
attorney general, certify the amount to the attorney general pursuant
to this section

in
accordance with section 131.026 of the Revised Code
.

For
the purposes of this section, the attorney general and the officer,
employee, or agent responsible for administering the law under which
the amount is payable shall agree on the time a payment is due, and
that agreed upon time shall be one of the following times:

(1)
If a law, including an administrative rule, of this state prescribes
the time a payment is required to be made or reported, when the
payment is required by that law to be paid or reported.

(2)
If the payment is for services rendered, when the rendering of the
services is completed.

(3)
If the payment is reimbursement for a loss, when the loss is
incurred.

(4)
In the case of a fine or penalty for which a law or administrative
rule does not prescribe a time for payment, when the fine or penalty
is first assessed.

(5)
If the payment arises from a legal finding, judgment, or adjudication
order, when the finding, judgment, or order is rendered or issued.

(6)
If the payment arises from an overpayment of money by the state to
another person, when the overpayment is discovered.

(7)
The date on which the amount for which an individual is personally
liable under section 5735.35, section 5739.33, or division (G) of
section 5747.07 of the Revised Code is determined.

(8)
Upon proof of claim being filed in a bankruptcy case.

(9)
Any other appropriate time determined by the attorney general and the
officer, employee, or agent responsible for administering the law
under which the amount is payable on the basis of statutory
requirements or ordinary business processes of the agency,
institution, or political subdivision to which the payment is owed.

(B)(1)

The

Upon
certification of an amount due in accordance with division (A) of
this section and section 131.026 of the Revised Code, the
attorney
general shall give immediate notice
by
mail or otherwise
in
the manner described in section 131.026 of the Revised Code
to
the party indebted of the nature and amount of the indebtedness.

(2)
If the amount payable to this state arises from a tax levied under
Chapter 5733., 5739., 5741., 5747., or 5751. of the Revised Code, the
notice also shall specify all of the following:

(a)
The assessment or case number;

(b)
The tax pursuant to which the assessment is made;

(c)
The reason for the liability, including, if applicable, that a
penalty or interest is due;

(d)
An explanation of how and when interest will be added to the amount
assessed;

(e)
That the attorney general and tax commissioner, acting together, have
the authority, but are not required, to compromise the claim and
accept payment over a reasonable time, if such actions are in the
best interest of the state.

(C)
The attorney general shall collect the claim or secure a judgment and
issue an execution for its collection.

(D)
Each claim shall bear interest, from the day on which the claim
became due, at the rate per annum required by section 5703.47 of the
Revised Code.

(E)
The attorney general and the chief officer of the agency reporting a
claim, acting together, may do any of the following if such action is
in the best interests of the state:

(1)
Compromise the claim;

(2)
Extend for a reasonable period the time for payment of the claim by
agreeing to accept monthly or other periodic payments. The agreement
may require security for payment of the claim.

(3)
Add fees to recover the cost of processing checks or other draft
instruments returned for insufficient funds and the cost of providing
electronic payment options.

(F)(1)
Except as provided in division (F)(2) of this section, if the
attorney general finds, after investigation, that any claim due and
owing to the state is uncollectible, the attorney general, with the
consent of the chief officer of the agency reporting the claim, may
do the following:

(a)
Sell, convey, or otherwise transfer the claim to one or more private
entities for collection;

(b)
Cancel the claim or cause it to be canceled.

(2)
The attorney general shall cancel or cause to be canceled an
unsatisfied claim on the date that is forty years after the date the
claim is certified, unless the attorney general has adopted a rule
under division (F)(5) of this section shortening this time frame with
respect to a subset of claims.

(3)
No initial action shall be commenced to collect any tax payable to
the state that is administered by the tax commissioner, whether or
not such tax is subject to division (B) of this section, or any
penalty, interest, or additional charge on such tax, after the
expiration of the period ending on the later of the dates specified
in divisions (F)(3)(a) and (b) of this section, provided that such
period shall be extended by the period of any stay to such collection
or by any other period to which the parties mutually agree. If the
initial action in aid of execution is commenced before the later of
the dates specified in divisions (F)(3)(a) and (b) of this section,
any and all subsequent actions may be pursued in aid of execution of
judgment for as long as the debt exists.

(a)
Seven years after the assessment of the tax, penalty, interest, or
additional charge is issued.

(b)
Four years after the assessment of the tax, penalty, interest, or
additional charge becomes final. For the purposes of division
(F)(3)(b) of this section, the assessment becomes final at the latest
of the following: upon expiration of the period to petition for
reassessment, or if applicable, to appeal a final determination of
the commissioner or decision of the board of tax appeals or a court,
or, if applicable, upon decision of the United States supreme court.

For
the purposes of division (F)(3) of this section, an initial action to
collect a tax debt is commenced at the time when a certified copy of
the tax commissioner's entry making an assessment final has been
filed in the office of the clerk of court of common pleas in the
county in which the taxpayer resides or has its principal place of
business in this state, or in the office of the clerk of court of
common pleas of Franklin county, as provided in section 5739.13,
5741.14, 5747.13, or 5751.09 of the Revised Code or in any other
applicable law requiring such a filing. If an assessment has not been
issued and there is no time limitation on the issuance of an
assessment under applicable law, an action to collect a tax debt
commences when the action is filed in the courts of this state to
collect the liability.

(4)
If information contained in a claim that is sold, conveyed, or
transferred to a private entity pursuant to this section is
confidential pursuant to federal law or a section of the Revised Code
that implements a federal law governing confidentiality, such
information remains subject to that law during and following the
sale, conveyance, or transfer.

(5)
The attorney general may adopt rules to aid in the implementation of
this section.

Sec.
131.026.
(A)
For purposes of this section:

(1)
"Last known address" means the mailing address or the
electronic mail address appearing in the official records of the
officer, employee, or agent responsible for administering the law
under which an amount is payable or of the attorney general.

(2)
"Traceable delivery service" means a delivery service
provided by the United States postal service or a domestic commercial
delivery service allowing the sender to track a sent item's progress
and providing notice of a completed delivery to the sender.

(B)
Before an officer, employee, or agent responsible for administering
the law under which an amount is due certifies the amount due to the
attorney general under section 131.02 of the Revised Code, the
officer, employee, or agent shall serve a notice to the debtor or the
debtor's statutory agent in the manner described in this section. The
officer, employee, or agent shall serve a notice not sooner than
forty-five days, nor later than sixty days, after payment is due.

(C)
The notice shall include all of the following information:

(1)
The name of the debtor or statutory agent;

(2)
The nature and amount of the indebtedness;

(3)
The information required under division (B)(2) of section 131.02 of
the Revised Code if the debt arises from a tax levied.

(D)(1)
An officer, employee, or agent responsible for administering the law
under which an amount is payable or the attorney general may serve a
notice required by this section or section 131.02 of the Revised Code
through any of the following methods:

(a)
Electronic mail at the debtor's or debtor's statutory agent's last
known address;

(b)
Facsimile transmission at the debtor's or debtor's statutory agent's
facsimile number appearing in the official records of the officer,
employee, or agent responsible for administering the law under which
an amount is payable or of the attorney general;

(c)
Traceable delivery service at the debtor's or debtor's statutory
agent's last known address;

(d)
Personal service at the debtor's or debtor's statutory agent's last
known address.

(2)
Service of a notice required under this section or section 131.02 of
the Revised Code is complete on the following dates:

(a)
For electronic mail, the date the receipt of the document is relayed
electronically by a direct reply from the debtor or debtor's
statutory agent to the officer, employee, or agent responsible for
administering the law under which an amount is payable or to the
attorney general or through electronic tracking software
demonstrating that the recipient accessed the document.

(b)
For facsimile transmission, the date indicated on the facsimile
transmission confirmation page.

(c)
For traceable delivery service, the date of delivery indicated on the
notice of completed delivery provided by the United States postal
service or domestic commercial delivery service.

(d)
For personal service, the date indicated on a document confirming
physical delivery signed by the debtor, the debtor's statutory agent,
an adult located at the debtor's or debtor's statutory agent's last
known address, or the delivery person.

(E)(1)
Upon receipt of the notice, the debtor or statutory agent may satisfy
the debt within thirty days of receiving the notice. If the debt is
satisfied within those thirty days, the officer, employee, or agent
shall not certify an amount due to the attorney general.

(2)
If the debtor or statutory agent does not satisfy the debt within
thirty days after receiving the notice, the officer, employee, or
agent shall certify the amount due to the attorney general. The
attorney general shall collect the amount due in accordance with
section 131.02 of the Revised Code. If the attorney general files a
lien to collect the amount due, the attorney general shall not file
the lien unless both of the following are included with the lien when
filing:

(1)
A copy of the notice required under division (B) of this section;

(2)
Proof of service of the notice as described under division (D) of
this section.

(F)(1)
Nothing in this section prevents or limits the attorney general or
the appropriate authority from taking any action set forth under
divisions (E) or (F) of section 131.02 of the Revised Code.

(2)
No amount that is payable under section 131.02 of the Revised Code is
deemed uncollectible, discharged, relieved, or otherwise satisfied or
non-payable because of any failure to comply with a specific time
requirement provided for under this section.

Sec.
131.35.
(A)
With respect to federal revenue received into any fund of the state,
except for those funds listed in division (D) of section 127.14 of
the Revised Code:

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

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

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

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

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

(B)
With respect to nonfederal revenue received into any fund of the
state, except for any other fund listed in division (D) of section
127.14 of the Revised Code:

(1)
No state agency may make expenditures of any of the revenue unless
the expenditures are made pursuant to specific appropriations of the
general assembly.

(2)
If the revenue received into any fund is greater than the amount
appropriated, the appropriation for that fund shall remain at the
amount designated by the general assembly or, subject to division

(D)
(E)

of this section, as increased and approved by the controlling board.

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

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

(D)
If federal revenue is received in the waterways safety fund or
wildlife fund, the controlling board, at the request of the director
of natural resources, may approve the expenditure of the federal
revenue for purposes for which the federal revenue was granted.

(E)
The amount of any expenditure authorized under division (A)(2) or (4)
or (B)(2) or (3) of this section for a specific or related purpose or
item in any fiscal year shall not exceed an amount greater than

one-half
of one per cent of the general revenue fund appropriations
one
hundred million dollars
for
that fiscal year.

Sec.
131.43.
There
is hereby created in the state treasury the budget stabilization
fund.
All
investment earnings of the fund shall be credited to the fund.
It
is the intent of the general assembly to maintain an amount of money
in the budget stabilization fund that amounts to approximately ten
per cent of the general revenue fund revenues for the preceding
fiscal year. The governor shall include in the state budget the
governor submits to the general assembly under section 107.03 of the
Revised Code proposals for transfers between the general revenue fund
and the budget stabilization fund for the ensuing fiscal biennium.
The balance in the fund may be combined with the balance in the
general revenue fund for purposes of cash management.

Sec.
131.50.
(A)

As
used in this section, "state agency" has the same meaning
as in section 155.30 of the Revised Code.

(B)

There
is hereby created in the state treasury the state land royalty fund
consisting of money credited to it under section 155.33 of the
Revised Code. Any investment proceeds earned on money in the fund
shall be credited to the fund.

(B)(1)
(C)(1)

A state agency is entitled to receive from the fund the amount that
the state agency contributed and a share of the investment earnings
of the fund in an amount that is equivalent to the proportionate
share of contributions made by the state agency to the fund.
Regarding the department of natural resources, each division within
the department is entitled to receive from the department's
proportionate share all amounts received by the department that are
attributable to the state-owned land controlled by that division.

(2)

The
treasurer of state, in consultation with
Upon
request from a state agency entitled to receive revenue in accordance
with this section,
the
director of budget and management
,

shall
disburse
money
transfer
cash
from
the state land royalty fund to
the
natural resources land royalty fund, the wildlife land royalty fund,
the transportation land royalty fund, or
the
appropriate fund designated by
the

any
other
state
agency
,
as applicable,

not later than thirty days after the deposit of any money into the
state land royalty fund.

If
the state agency is the department of natural resources, the
treasurer of state, in consultation with the director of budget and
management and the director of natural resources, shall disburse the
money to the appropriate fund designated by the applicable division
within the department.

(3)
A state agency or, as applicable, a division of the department of
natural resources, may use the money for any costs and expenses the
agency determines are necessary.

(C)
As used in this section, "state agency" has the same
meaning as in section 155.30 of the Revised Code.
(D)(1)
The natural resources land royalty fund is created in the state
treasury. The fund shall consist of money credited to it under
division (C) of this section for leased mineral rights on land owned
or controlled by the department of natural resources, other than the
division of wildlife. All investment earnings of the fund shall be
credited to the fund.

(2)
The wildlife land royalty fund is created in the state treasury. The
fund shall consist of money credited to it under division (C) of this
section for leased mineral rights on land owned or controlled by the
division of wildlife in the department of natural resources. All
investment earnings of the fund shall be credited to the fund.

(3)
The transportation land royalty fund is created in the state
treasury. The fund shall consist of money credited to it under
division (C) of this section for leased mineral rights on land owned
or controlled by the department of transportation. All Investment
earnings of the fund shall be credited to the fund.

Sec.
131.51.
(A)
On or before the seventh day of each month, the director of budget
and management shall credit to the local government fund one and

seven-tenths

seventy-five
one-hundredths
per
cent of the total tax revenue credited to the general revenue fund
during the preceding month. In determining the total tax revenue
credited to the general revenue fund during the preceding month, the
director shall include amounts transferred from the fund during the
preceding month under this division

and
division (B) of this section
.
Money shall be distributed from the local government fund as required
under sections 5747.50 and 5747.503 of the Revised Code during the
same month in which it is credited to the fund.

(B)
On or before the seventh day of each month, the director of budget
and management shall credit to the public library fund

one
and seven-tenths per cent of the total tax revenue credited to the
general revenue fund during the preceding month. In determining the
total tax revenue credited to the general revenue fund during the
preceding month, the director shall include amounts transferred from
the fund during the preceding month under this division and division
(A) of this section
,
from the general revenue fund, one-twelfth of the amount appropriated
by the general assembly for the public library fund for the fiscal
year
.
Money shall be distributed from the public library fund as required
under section 5747.47 of the Revised Code during the same month in
which it is credited to the fund.

(C)
The director of budget and management shall develop a schedule
identifying the specific tax revenue sources to be used to make the
monthly transfers required under
divisions
division

(A)
and
(B)
of
this section. The director may, from time to time, revise the
schedule as the director considers necessary.

Sec.
133.18.
(A)
The taxing authority of a subdivision may by legislation submit to
the electors of the subdivision the question of issuing any general
obligation bonds, for one purpose, that the subdivision has power or
authority to issue.

(B)
When the taxing authority of a subdivision desires or is required by
law to submit the question of a bond issue to the electors, it shall
pass legislation that does all of the following:

(1)
Declares the necessity and purpose of the bond issue;

(2)
States the date of the authorized election at which the question
shall be submitted to the electors;

(3)
States the amount, approximate date, estimated net average rate of
interest, and maximum number of years over which the principal of the
bonds may be paid;

(4)
Declares the necessity of levying a tax outside the tax limitation to
pay the debt charges on the bonds and any anticipatory securities.

The
estimated net average interest rate shall be determined by the taxing
authority based on, among other factors, then existing market
conditions, and may reflect adjustments for any anticipated direct
payments expected to be received by the taxing authority from the
government of the United States relating to the bonds and the effect
of any federal tax credits anticipated to be available to owners of
all or a portion of the bonds. The estimated net average rate of
interest, and any statutory or charter limit on interest rates that
may then be in effect and that is subsequently amended, shall not be
a limitation on the actual interest rate or rates on the securities
when issued.

(C)
The taxing authority shall certify a copy of the legislation passed
under division (B) of this section to the county auditor. The county
auditor shall promptly calculate and advise and, not later than
ninety days before the election, confirm that advice by certification
to the taxing authority the estimated average annual property tax
levy, expressed in dollars for each one hundred thousand dollars of
the county auditor's
appraised

market

value
and in mills for each one dollar of taxable value, that the county
auditor estimates to be required throughout the stated maturity of
the bonds to pay the debt charges on the bonds. In calculating the
estimated average annual property tax levy for this purpose, the
county auditor shall assume that the bonds are issued in one series
bearing interest and maturing in substantially equal principal
amounts in each year over the maximum number of years over which the
principal of the bonds may be paid as stated in that legislation, and
that the amount of the tax valuation of the subdivision most recently
certified by the county auditor under division (A) of section 319.28
of the Revised Code remains the same throughout the maturity of the
bonds. If the subdivision is located in more than one county, the
county auditor shall obtain the assistance of the county auditors of
the other counties, and those county auditors shall provide
assistance, in establishing the tax valuation of the subdivision for
purposes of certifying the estimated average annual property tax
levy.

(D)
After receiving the county auditor's advice under division (C) of
this section, the taxing authority by legislation may determine to
proceed with submitting the question of the issue of securities, and
shall, not later than the ninetieth day before the day of the
election, file the following with the board of elections:

(1)
Copies of the legislation provided for in divisions (B) and (D) of
this section;

(2)
The amount of the estimated average annual property tax levy,
expressed in dollars for each one hundred thousand dollars of the
county auditor's
appraised

market

value
and in mills for each one dollar of taxable value, as estimated and
certified to the taxing authority by the county auditor.

(E)(1)
The board of elections shall prepare the ballots and make other
necessary arrangements for the submission of the question to the
electors of the subdivision. If the subdivision is located in more
than one county, the board shall inform the boards of elections of
the other counties of the filings with it, and those other boards
shall if appropriate make the other necessary arrangements for the
election in their counties. The election shall be conducted,
canvassed, and certified in the manner provided in Title XXXV of the
Revised Code.

(2)
The election shall be held at the regular places for voting in the
subdivision. If the electors of only a part of a precinct are
qualified to vote at the election the board of elections may assign
the electors in that part to an adjoining precinct, including an
adjoining precinct in another county if the board of elections of the
other county consents to and approves the assignment. Each elector so
assigned shall be notified of that fact prior to the election by
notice mailed by the board of elections, in such manner as it
determines, prior to the election.

(3)
The board of elections shall publish a notice of the election once in
a newspaper of general circulation in the subdivision, no later than
ten days prior to the election. The notice shall state all of the
following:

(a)
The principal amount of the proposed bond issue;

(b)
The stated purpose for which the bonds are to be issued;

(c)
The maximum number of years over which the principal of the bonds may
be paid;

(d)
The estimated additional average annual property tax levy, expressed
in dollars for each one hundred thousand dollars of the county
auditor's
appraised

market

value
and in mills for each one dollar of taxable value, to be levied
outside the tax limitation, as estimated and certified to the taxing
authority by the county auditor;

(e)
The first calendar year in which the tax is expected to be due.

(F)
The form of the ballot to be used at the election shall be
substantially either of the following, as applicable:

(1)
"Shall bonds be issued by the ____________ (name of subdivision)
for the purpose of ___________ (purpose of the bond issue) in the
principal amount of $__________ (principal amount of the bond issue),
to be repaid annually over a maximum period of __________ (the
maximum number of years over which the principal of the bonds may be
paid) years, and an annual levy of property taxes be made outside the
__________ (as applicable, "ten-mill" or "___charter
tax") limitation, estimated by the county auditor to average
over the repayment period of the bond issue __________ mills for each
$1 of taxable value, which amounts to $__________ for each $100,000
of the county auditor's
appraised

market

value,
commencing in __________ (first year the tax will be levied), first
due in calendar year __________ (first calendar year in which the tax
shall be due), to pay the annual debt charges on the bonds, and to
pay debt charges on any notes issued in anticipation of those bonds?

For
the bond issue

Against
the bond issue

"

(2)
In the case of an election held pursuant to legislation adopted under
section 3375.43 or 3375.431 of the Revised Code:

"Shall
bonds be issued for __________ (name of library) for the purpose of
__________ (purpose of the bond issue), in the principal amount of
$__________ (amount of the bond issue) by __________ (the name of the
subdivision that is to issue the bonds and levy the tax) as the
issuer of the bonds, to be repaid annually over a maximum period of
__________ (the maximum number of years over which the principal of
the bonds may be paid) years, and an annual levy of property taxes be
made outside the ten-mill limitation, estimated by the county auditor
to average over the repayment period of the bond issue __________
mills for each $1 of taxable value, which amounts to $__________ for
each $100,000 of the county auditor's
appraised

market

value,
commencing in __________ (first year the tax will be levied), first
due in calendar year __________ (first calendar year in which the tax
shall be due), to pay the annual debt charges on the bonds, and to
pay debt charges on any notes issued in anticipation of those bonds?

For
the bond issue

Against
the bond issue

"

(G)
The board of elections shall promptly certify the results of the
election to the tax commissioner, the county auditor of each county
in which any part of the subdivision is located, and the fiscal
officer of the subdivision. The election, including the proceedings
for and result of the election, is incontestable other than in a
contest filed under section 3515.09 of the Revised Code in which the
plaintiff prevails.

(H)
If a majority of the electors voting upon the question vote for it,
the taxing authority of the subdivision may proceed under sections
133.21 to 133.33 of the Revised Code with the issuance of the
securities and with the levy and collection of a property tax outside
the tax limitation during the period the securities are outstanding
sufficient in amount to pay the debt charges on the securities,
including debt charges on any anticipatory securities required to be
paid from that tax. If legislation passed under section 133.22 or
133.23 of the Revised Code authorizing those securities is filed with
the county auditor on or before the last day of November, the amount
of the voted property tax levy required to pay debt charges or
estimated debt charges on the securities payable in the following
year shall if requested by the taxing authority be included in the
taxes levied for collection in the following year under section
319.30 of the Revised Code.

(I)(1)
If, before any securities authorized at an election under this
section are issued, the net indebtedness of the subdivision exceeds
that applicable to that subdivision or those securities, then and so
long as that is the case none of the securities may be issued.

(2)
No securities authorized at an election under this section may be
initially issued after the first day of the sixth January following
the election, but this period of limitation shall not run for any
time during which any part of the permanent improvement for which the
securities have been authorized, or the issuing or validity of any
part of the securities issued or to be issued, or the related
proceedings, is involved or questioned before a court or a commission
or other tribunal, administrative agency, or board.

(3)
Securities representing a portion of the amount authorized at an
election that are issued within the applicable limitation on net
indebtedness are valid and in no manner affected by the fact that the
balance of the securities authorized cannot be issued by reason of
the net indebtedness limitation or lapse of time.

(4)
Nothing in this division (I) shall be interpreted or applied to
prevent the issuance of securities in an amount to fund or refund
anticipatory securities lawfully issued.

(5)
The limitations of divisions (I)(1) and (2) of this section do not
apply to any securities authorized at an election under this section
if at least ten per cent of the principal amount of the securities,
including anticipatory securities, authorized has theretofore been
issued, or if the securities are to be issued for the purpose of
participating in any federally or state-assisted program.

(6)
The certificate of the fiscal officer of the subdivision is
conclusive proof of the facts referred to in this division.

(J)
As used in this section, "the county auditor's
appraised

market

value"
has the same meaning as in section 5705.01 of the Revised Code.

Sec.
135.01.
Except
as otherwise provided in sections 135.14, 135.143, 135.181, and
135.182 of the Revised Code, as used in sections 135.01 to 135.21 of
the Revised Code:

(A)
"Active deposit" means a public deposit necessary to meet
current demands on the treasury, and that is deposited in any of the
following:

(1)
A commercial account that is payable or withdrawable, in whole or in
part, on demand;

(2)
A negotiable order of withdrawal account as authorized in the
"Consumer Checking Account Equity Act of 1980," 94 Stat.
146, 12 U.S.C.A. 1832(a);

(3)
A money market deposit account as authorized in the "Garn-St.
Germain Depository Institutions Act of 1982," 96 Stat. 1501, 12
U.S.C. 3503.

(B)
"Auditor" includes the auditor of state and the auditor, or
officer exercising the functions of an auditor, of any subdivision.

(C)
"Capital funds" means the sum of the following: the par
value of the outstanding common capital stock, the par value of the
outstanding preferred capital stock, the aggregate par value of all
outstanding capital notes and debentures, and the surplus. In the
case of an institution having offices in more than one county, the
capital funds of such institution, for the purposes of sections
135.01 to 135.21 of the Revised Code, relative to the deposit of the
public moneys of the subdivisions in one such county, shall be
considered to be that proportion of the capital funds of the
institution that is represented by the ratio that the deposit
liabilities of such institution originating at the office located in
the county bears to the total deposit liabilities of the institution.

(D)
"Governing board" means, in the case of the state, the
state board of deposit; in the case of all school districts and
educational service centers except as otherwise provided in this
section, the board of education or governing board of a service
center, and when the case so requires, the board of commissioners of
the sinking fund; in the case of a municipal corporation, the
legislative authority, and when the case so requires, the board of
trustees of the sinking fund; in the case of a township, the board of
township trustees; in the case of a union or joint institution or
enterprise of two or more subdivisions not having a treasurer, the
board of directors or trustees thereof; and in the case of any other
subdivision electing or appointing a treasurer, the directors,
trustees, or other similar officers of such subdivision. The
governing board of a subdivision electing or appointing a treasurer
shall be the governing board of all other subdivisions for which such
treasurer is authorized by law to act. In the case of a county school
financing district that levies a tax pursuant to section 5705.215 of
the Revised Code, the county board of education that serves as its
taxing authority shall operate as a governing board. Any other county
board of education shall operate as a governing board unless it
adopts a resolution designating the board of county commissioners as
the governing board for the county school district.

(E)
"Inactive deposit" means a public deposit other than an
interim deposit or an active deposit.

(F)
"Interim deposit" means a deposit of interim moneys.
"Interim moneys" means public moneys in the treasury of any
subdivision after the award of inactive deposits has been made in
accordance with section 135.07 of the Revised Code, which moneys are
in excess of the aggregate amount of the inactive deposits as
estimated by the governing board prior to the period of designation
and which the governing board finds should not be deposited as active
or inactive deposits for the reason that such moneys will not be
needed for immediate use but will be needed before the end of the
period of designation. In the case of the state treasury, "interim
moneys" means public moneys that are not active deposits and may
be invested in accordance with section 135.143 of the Revised Code.

(G)
"Permissible rate of interest" means a rate of interest
that all eligible institutions mentioned in section 135.03 of the
Revised Code are permitted to pay by law or valid regulations.

(H)
"Warrant clearance account" means an account established by
the treasurer of state for either of the following purposes:

(a)
(1)

The deposit of active state moneys for the purposes of clearing state
paper warrants

or
checks

through the banking system, funding electronic benefit transfer
cards, issuing stored value cards, or otherwise facilitating the
settlement of state obligations;

(b)
(2)

The deposit of custodial moneys from an account held in the custody
of the treasurer of state to facilitate settlement of obligations of
the custodial fund.

(I)
"Public deposit" means public moneys deposited in a public
depository pursuant to sections 135.01 to 135.21 of the Revised Code.

(J)
"Public depository" means an institution which receives or
holds any public deposits.

(K)
"Public moneys" means all moneys in the treasury of the
state or any subdivision of the state, or moneys coming lawfully into
the possession or custody of the treasurer of state or of the
treasurer of any subdivision. "Public moneys of the state"
includes all such moneys coming lawfully into the possession of the
treasurer of state; and "public moneys of a subdivision"
includes all such moneys coming lawfully into the possession of the
treasurer of the subdivision.

(L)
"Subdivision" means any municipal corporation, except one
which has adopted a charter under Article XVIII, Ohio Constitution,
and the charter or ordinances of the chartered municipal corporation
set forth special provisions respecting the deposit or investment of
its public moneys, or any school district or educational service
center, a county school financing district, township, municipal or
school district sinking fund, special taxing or assessment district,
or other district or local authority electing or appointing a
treasurer, except a county. In the case of a school district or
educational service center, special taxing or assessment district, or
other local authority for which a treasurer, elected or appointed
primarily as the treasurer of a subdivision, is authorized or
required by law to act as ex officio treasurer, the subdivision for
which such a treasurer has been primarily elected or appointed shall
be considered to be the "subdivision." The term also
includes a union or joint institution or enterprise of two or more
subdivisions, that is not authorized to elect or appoint a treasurer,
and for which no ex officio treasurer is provided by law.

(M)
"Treasurer" means, in the case of the state, the treasurer
of state and in the case of any subdivision, the treasurer, or
officer exercising the functions of a treasurer, of such subdivision.
In the case of a board of trustees of the sinking fund of a municipal
corporation, the board of commissioners of the sinking fund of a
school district, or a board of directors or trustees of any union or
joint institution or enterprise of two or more subdivisions not
having a treasurer, such term means such board of trustees of the
sinking fund, board of commissioners of the sinking fund, or board of
directors or trustees.

(N)
"Treasury investment board" of a municipal corporation
means the mayor or other chief executive officer, the village
solicitor or city director of law, and the auditor or other chief
fiscal officer.

(O)
"No-load money market mutual fund" means a no-load money
market mutual fund to which all of the following apply:

(1)
The fund is registered as an investment company under the "Investment
Company Act of 1940," 54 Stat. 789, 15 U.S.C.A. 80a-1 to 80a-64;

(2)
The fund has the highest letter or numerical rating provided by at
least one nationally recognized statistical rating organization;

(3)
The fund does not include any investment in a derivative. As used in
division (O)(3) of this section, "derivative" means a
financial instrument or contract or obligation whose value or return
is based upon or linked to another asset or index, or both, separate
from the financial instrument, contract, or obligation itself. Any
security, obligation, trust account, or other instrument that is
created from an issue of the United States treasury or is created
from an obligation of a federal agency or instrumentality or is
created from both is considered a derivative instrument. An eligible
investment described in section 135.14 or 135.35 of the Revised Code
with a variable interest rate payment, based upon a single interest
payment or single index comprised of other investments provided for
in division (B)(1) or (2) of section 135.14 of the Revised Code, is
not a derivative, provided that such variable rate investment has a
maximum maturity of two years.

(P)
"Public depositor" means the state or a subdivision, as
applicable, that deposits public moneys in a public depository
pursuant to sections 135.01 to 135.21 of the Revised Code.

(Q)
"Uninsured public deposit" means the portion of a public
deposit that is not insured by the federal deposit insurance
corporation or by any other agency or instrumentality of the federal
government.

Sec.
135.03.
(A)
As used in this section, "banking office" has the same
meaning as in section 1101.01 of the Revised Code.

(B)

Any
national bank, any bank doing business under authority granted by the
superintendent of financial institutions, or any bank doing business
under authority granted by the regulatory authority of another state
of the United States,
and
which has a banking office
located
in this state, is eligible to become a public depository, subject to
sections 135.01 to 135.21 of the Revised Code. No bank shall receive
or have on deposit at any one time public moneys, including public
moneys as defined in section 135.31 of the Revised Code, in an
aggregate amount in excess of thirty per cent of its total assets, as
shown in its latest report to the comptroller of the currency, the
superintendent of financial institutions, the federal deposit
insurance corporation, or the board of governors of the federal
reserve system.

(C)

Any
federal savings association or any savings and loan association or
savings bank doing business under authority granted by the regulatory
authority of another state of the United States,
and
which has a banking office
located
in this state, and authorized to accept deposits is eligible to
become a public depository, subject to sections 135.01 to 135.21 of
the Revised Code. No savings association, savings and loan
association, or savings bank shall receive or have on deposit at any
one time public moneys, including public moneys as defined in section
135.31 of the Revised Code, in an aggregate amount in excess of
thirty per cent of its total assets, as shown in its latest report to
the former office of thrift supervision, the comptroller of the
currency, the superintendent of financial institutions, the federal
deposit insurance corporation, or the board of governors of the
federal reserve system.

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

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

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

(3)(a)
Bonds, notes, and other obligations of the state of Ohio, including,
but not limited to, any obligations issued by the treasurer of state,
the Ohio public facilities commission, the Ohio housing finance
agency, the Ohio water development authority, the Ohio turnpike
infrastructure commission, the Ohio higher educational facility
commission, and state institutions of higher education as defined in
section 3345.011 of the Revised Code;

(b)
Bonds, notes, and other obligations of any state or political
subdivision thereof rated in the three highest categories by at least
one nationally recognized statistical rating organization and
purchased through a registered securities broker or dealer, provided
the treasurer of state is not the sole purchaser of the bonds, notes,
or other obligations at original issuance.

(4)(a)
Written repurchase agreements with any eligible Ohio financial
institution that is a member of the federal reserve system or federal
home loan bank, any registered United States government securities
dealer, or any counterparty rated in one of the three highest
categories by at least one nationally recognized statistical rating
organization or otherwise determined by the treasurer of state to
have adequate capital and liquidity, under the terms of which
agreement the treasurer of state purchases and the eligible financial
institution, dealer, or counterparty agrees unconditionally to
repurchase any of the securities that are listed in division (A)(1),
(2), (3), (6), or (11) of this section. The market value of
securities subject to these transactions must exceed the principal
value of the repurchase agreement by an amount specified by the
treasurer of state, and the securities must be delivered into the
custody of the treasurer of state or the qualified trustee or agent
designated by the treasurer of state. The agreement shall contain the
requirement that for each transaction pursuant to the agreement, the
participating institution, dealer, or counterparty shall provide all
of the following information:

(i)
The par value of the securities;

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

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

(b)
The treasurer of state also may sell any securities, listed in
division (A)(1), (2), (6), or (11) of this section, regardless of
maturity or time of redemption of the securities, under the same
terms and conditions for repurchase, provided that the securities
have been fully paid for and are owned by the treasurer of state at
the time of the sale.

(c)
For purposes of division (A)(4) of this section, the treasurer of
state shall only buy or sell securities listed in division (A)(11) of
this section issued by entities that are organized under the laws of
this state, any other state, or the United States.

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

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

(6)
Various forms of commercial paper issued by any entity that is
organized under the laws of the United States or a state, which notes
are rated in the two highest categories by two nationally recognized
statistical rating organizations, provided that the total amount
invested under this section in any commercial paper at any time shall
not exceed forty per cent of the state's total average portfolio, as
determined and calculated by the treasurer of state;

(7)
Bankers acceptances, maturing in two hundred seventy days or less,
provided that the total amount invested in bankers acceptances at any
time shall not exceed ten per cent of the state's total average
portfolio, as determined and calculated by the treasurer of state;

(8)
Certificates of deposit, savings accounts, or deposit accounts in
eligible institutions applying for interim moneys as provided in
section 135.08 of the Revised Code, including linked deposits as
authorized under section 135.61 of the Revised Code
;

.
For interim funds invested in accordance with division (A)(8) of this
section, the pledging requirements described in section 135.18,
135.181, or 135.182 of the Revised Code may be reduced by up to ten
per cent in accordance with rules adopted by the treasurer of state.

(9)
Negotiable certificates of deposit denominated in United States
dollars issued by a nationally or state-chartered bank, a savings
association or a federal savings association, a state or federal
credit union, or a federally licensed or state-licensed branch of a
foreign bank, which are rated in the two highest categories by two
nationally recognized statistical rating organizations, provided that
the total amount invested under this section in negotiable
certificates of deposit at any time shall not exceed twenty-five per
cent of the state's total average portfolio, as determined and
calculated by the treasurer of state. Interim funds invested in
accordance with division (A)(9) of this section are not limited to
institutions applying for interim moneys under section 135.08 of the
Revised Code, nor are they subject to any pledging requirements
described in sections 135.18, 135.181, or 135.182 of the Revised
Code.

(10)
The state treasurer's investment pool authorized under section 135.45
of the Revised Code;

(11)
Debt interests, other than commercial paper described in division
(A)(6) of this section, rated in the
three

four

highest
categories by two nationally recognized statistical rating
organizations and issued by entities that are organized under the
laws of the United States or a state, or issued by foreign nations
diplomatically recognized by the United States government, or any
instrument based on, derived from, or related to such interests,
provided that:

(a)
The investments in debt interests other than commercial paper, when
added to the investment in written repurchase agreements for
securities listed in division (A)(3) or (11) of this section, shall
not exceed in the aggregate twenty-five per cent of the state's
portfolio.

(b)

The
investments in debt interests rated in the fourth highest category
shall not exceed in the aggregate ten per cent of the state's
portfolio.

(c)

The
investments in debt interests issued by foreign nations shall not
exceed in the aggregate two per cent of the state's portfolio.

The
treasurer of state shall invest under division (A)(11) of this
section in a debt interest issued by a foreign nation only if the
debt interest is backed by the full faith and credit of that foreign
nation, and provided that all interest and principal shall be
denominated and payable in United States funds.

(c)
(d)

When added to the investment in commercial paper and negotiable
certificates of deposit, the investments in the debt interests of a
single issuer shall not exceed in the aggregate five per cent of the
state's portfolio.

(d)
(e)

For purposes of division (A)(11) of this section, a debt interest is
rated in the
three

four

highest
categories by two nationally recognized statistical rating
organizations if either the debt interest itself or the issuer of the
debt interest is rated, or is implicitly rated, in the
three

four

highest
categories by two nationally recognized statistical rating
organizations.

(e)
(f)

For purposes of division (A)(11) of this section, the "state's
portfolio" means the state's total average portfolio, as
determined and calculated by the treasurer of state.

(12)
No-load money market mutual funds rated in the highest category by
one nationally recognized statistical rating organization or
consisting exclusively of obligations described in division (A)(1),
(2), or (6) of this section and repurchase agreements secured by such
obligations;

(13)
Obligations issued by, or on behalf of, an Ohio political subdivision
under Chapter 133. of the Revised Code or Section 12 of Article
XVIII, Ohio Constitution, and identified in an agreement described in
division (G) of this section;

(14)
Obligations issued by the state of Ohio, any political subdivision
thereof, or by or on behalf of any nonprofit corporation or
association doing business in this state rated in the four highest
categories by at least one nationally recognized statistical rating
organization and identified in an agreement described in division (K)
of this section.

(B)
(B)(1)

On or before the tenth day of each month, the treasurer of state
shall notify the state board of deposit that the following reports
pertaining to the immediately preceding month have been posted to the
web site maintained by the treasurer of state:

(1)
(a)

The daily ledger report of state funds prepared in accordance with
section 113.13 of the Revised Code;

(2)
(b)

The monthly portfolio report detailing the current inventory of all
investments and deposits held within the classification of interim
moneys;

(3)
(c)

The monthly activity report within the classification of interim
moneys summarized by type of investment or deposit.

(2)

In
the event the state board of deposit does not concur in such
classification or in the investments or deposits made under this
section,
subject
to division (B)(3) of this section,
the
board may order the treasurer of state to sell or liquidate any of
the investments or deposits, and any such order shall specifically
describe the investments or deposits and fix the date upon which they
are to be sold or liquidated. Investments or deposits so ordered to
be sold or liquidated shall be sold or liquidated for cash by the
treasurer of state on the date fixed in such order at the then
current market price. Neither the treasurer of state nor the members
of the state board of deposit shall be held accountable for any loss
occasioned by sales or liquidations of investments or deposits at
prices lower than their cost. Any loss or expense incurred in making
these sales or liquidations is payable as other expenses of the
treasurer's office.

(3)
Unless expressly authorized by the laws of this state, the state
board of deposit shall not order the treasurer of state to sell or
liquidate investments or deposits with the primary purpose of
influencing any environmental, social, personal, or ideological
policy.

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

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

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

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

(G)
The treasurer of state and any entity issuing obligations referred to
in division (A)(13) of this section, which obligations mature within
one year from the original date of issuance, may enter into an
agreement providing for:

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

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

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

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

(J)
As used in this section, "political subdivision" means a
county, township, municipal corporation, school district, or other
body corporate and politic responsible for governmental activities in
a geographic area smaller than that of the state.

(K)(1)
The treasurer of state and any entity issuing obligations referred to
in division (A)(14) of this section, which obligations require a
conditional liquidity requirement, may enter into an agreement
providing for the following:

(a)
The purchase of the obligations by the treasurer of state on terms
and subject to conditions set forth in the agreement;

(b)
Payment to the treasurer of state of a fee as consideration for the
agreement of the treasurer of state to purchase the obligations.

(2)
The treasurer of state shall not enter into agreements under division
(K)(1) of this section for obligations that, in the aggregate, exceed
ten per cent of the state's total average portfolio, as determined
and calculated by the treasurer of state.

(3)
For purposes of division (A)(14) of this section, an obligation is
rated in the four highest categories by at least one nationally
recognized statistical rating organization if either the debt
interest itself or the obligor of the debt interest is rated in the
four highest categories by at least one nationally recognized
statistical rating organization.

(4)
All money collected by the treasurer of state from the fee imposed by
division (K) of this section shall be deposited to the credit of the
state securities tender program fund, which is hereby created in the
state treasury. The amount of income from the state securities tender
program credited to the state securities tender program fund shall
not exceed one per cent of the average par value of obligations
subject to agreements under division (K)(1) of this section. All
other such income shall be credited to the general revenue fund. The
treasurer of state may use the state securities tender program fund
solely for operations of the office of the treasurer of state.

(L)(1)
The treasurer of state and a state university or college issuing
obligations under section 3345.12 of the Revised Code may enter into
an agreement providing for the following:

(a)
The purchase of those obligations by the treasurer of state pursuant
to division (A)(3)(a) of this section on terms and subject to
conditions set forth in the agreement;

(b)
The department of higher education to withhold, in the event the
state university or college does not pay bond service charges on the
obligations when due, appropriated funds allocated to the state
university or college in an amount sufficient to pay bond service
charges on the obligations, less any amounts deposited for that
purpose under the bond proceedings. Upon the request of the treasurer
of state, the department of higher education shall promptly pay to
the treasurer of state the amounts withheld.

(2)
For purposes of division (L)(1) of this section, "obligations,"
"state university or college," "bond service charges,"
and "bond proceedings" have the same meanings as in section
3345.12 of the Revised Code.

(M)
Unless expressly authorized by the laws of this state, the treasurer
of state shall not do either of the following:

(1)
Make an investment decision with the primary purpose of influencing
any environmental, social, personal, or ideological policy;

(2)
Permit any person or entity to which the treasurer of state delegates
the management of the investment of state money to make investment
decisions with state money with the primary purpose of influencing
any environmental, social, personal, or ideological policy.

Sec.
135.1411.

Unless
expressly authorized by the laws of this state, the treasurer or the
governing board of a municipal corporation shall not do either of the
following:

(A)
Make an investment decision with the primary purpose of influencing
any environmental, social, personal, or ideological policy;

(B)
Permit any person or entity to which the treasurer or governing board
delegates the management of the investment of public money to make
investment decisions with public money with the primary purpose of
influencing any environmental, social, personal, or ideological
policy.

Sec.
135.18.
(A)
Each institution designated as a public depository and awarded public
deposits under sections 135.01 to 135.21 of the Revised Code, except
as provided in section
135.144
or
135.145
of the Revised Code, shall provide security for the repayment of all
public deposits by selecting one of the following methods:

(1)
Securing all uninsured public deposits of each public depositor
separately as set forth in divisions (B) to (J) of this section;

(2)
Securing all uninsured public deposits of every public depositor
pursuant to section 135.181 or 135.182 of the Revised Code, as
applicable, by establishing and pledging to the treasurer of state a
single pool of collateral for the benefit of every public depositor
at the public depository.

(B)
If a public depository elects to provide security pursuant to
division (A)(1) of this section, the public depository shall pledge
to the public depositor, as security for the repayment of all public
moneys deposited in the public depository during the period of
designation pursuant to an award made under sections 135.01 to 135.21
of the Revised Code, eligible securities of aggregate market value at
all times equal to at least one hundred five per cent of the total
amount of the public depositor's uninsured public deposits.

(C)
In order for a public depository to receive public moneys under this
section, the public depository and the public depositor shall first
execute an agreement that sets forth the entire arrangement among the
parties and that meets the requirements described in 12 U.S.C.
1823(e). In addition, the agreement shall authorize the public
depositor to obtain control of the collateral pursuant to division
(D) of section 1308.24 of the Revised Code.

(D)
The following securities or other obligations shall be eligible for
the purposes of this section:

(1)
Bonds, notes, or other obligations of the United States; or bonds,
notes, or other obligations guaranteed as to principal and interest
by the United States or those for which the faith of the United
States is pledged for the payment of principal and interest thereon,
by language appearing in the instrument specifically providing such
guarantee or pledge and not merely by interpretation or otherwise;

(2)
Bonds, notes, debentures, letters of credit, or other obligations or
securities issued by any federal government agency or
instrumentality, or the export-import bank of Washington; bonds,
notes, or other obligations guaranteed as to principal and interest
by the United States or those for which the faith of the United
States is pledged for the payment of principal and interest thereon,
by interpretation or otherwise and not by language appearing in the
instrument specifically providing such guarantee or pledge;

(3)
Obligations of or fully insured or fully guaranteed by the United
States or any federal government agency or instrumentality;

(4)
Obligations partially insured or partially guaranteed by any federal
agency or instrumentality;

(5)
Obligations of or fully guaranteed by the federal national mortgage
association, federal home loan mortgage corporation, federal farm
credit bank, or student loan marketing association;

(6)
Bonds and other obligations of this state;

(7)
Bonds and other obligations of any county, township, school district,
municipal corporation, or other legally constituted taxing
subdivision of this state, which is not at the time of such deposit,
in default in the payment of principal or interest on any of its
bonds or other obligations, for which the full faith and credit of
the issuing subdivision is pledged;

(8)
Bonds of other states of the United States which have not during the
ten years immediately preceding the time of such deposit defaulted in
payments of either interest or principal on any of their bonds;

(9)
Shares of no-load money market mutual funds consisting exclusively of
obligations described in division (D)(1) or (2) of this section and
repurchase agreements secured by such obligations;

(10)
A surety bond issued by a corporate surety licensed by the state and
authorized to issue surety bonds in this state pursuant to Chapter
3929. of the Revised Code, and qualified to provide surety bonds to
the federal government pursuant to 96 Stat. 1047 (1982), 31 U.S.C.A.
9304;

(11)
Bonds or other obligations of any county, municipal corporation, or
other legally constituted taxing subdivision of another state of the
United States, or of any instrumentality of such county, municipal
corporation, or other taxing subdivision, for which the full faith
and credit of the issuer is pledged and, at the time of purchase of
the bonds or other obligations, rated in one of the two highest
categories by at least one nationally recognized statistical rating
organization.

(E)
An institution designated as a public depository shall designate a
qualified trustee and place the eligible securities required by
division (D) of this section with the trustee for safekeeping. The
trustee shall hold the eligible securities in an account indicating
the public depositor's security interest in the securities. The
trustee shall report to the public depositor information relating to
the securities pledged to secure the public deposits in the manner
and frequency required by the public depositor.

(F)
The qualified trustee shall enter into a custodial agreement with the
public depositor and public depository in which the trustee agrees to
comply with entitlement orders originated by the public depositor
without further consent by the public depository or, in the case of
collateral held by the public depository in an account at a federal
reserve bank, the public depositor shall have the public depositor's
security interest marked on the books of the federal reserve bank
where the account for the collateral is maintained. If the public
depository fails to pay over any part of the public deposits made by
the public depositor therein as provided by law, the public depositor
shall give written notice of this failure to the qualified trustee
holding the securities pledged against its public deposits and, at
the same time, shall send a copy of this notice to the public
depository. Upon receipt of this notice, the trustee shall transfer
to the public depositor for sale, the securities that are necessary
to produce an amount equal to the public deposits made by the public
depositor and not paid over, less the portion of the deposits covered
by any federal deposit insurance, plus any accrued interest due on
the deposits. The public depositor shall sell any of the bonds or
other securities so transferred. When a sale of bonds or other
securities has been so made and upon payment to the public depositor
of the purchase money, the public depositor shall transfer such bonds
or securities whereupon the absolute ownership of such bonds or
securities shall pass to the purchasers. Any surplus after deducting
the amount due the public depositor and expenses of sale shall be
paid to the public depository.

(G)
When the public depository has placed eligible securities described
in division (D)(1) of this section with a trustee for safekeeping,
the public depository may at any time substitute or exchange eligible
securities described in division (D)(1) of this section having a
current market value equal to or greater than the current market
value of the securities then on deposit and for which they are to be
substituted or exchanged, without specific authorization from any
public depositor's governing board, boards, or treasurer of any such
substitution or exchange.

(H)
When the public depository has placed eligible securities described
in divisions (D)(2) to (9) of this section with a trustee for
safekeeping, the public depository may at any time substitute or
exchange eligible securities having a current market value equal to
or greater than the current market value of the securities then on
deposit and for which they are to be substituted or exchanged without
specific authorization of any public depositor's governing board,
boards, or treasurer of any such substitution or exchange only if one
of the following applies:

(1)
The public depositor has authorized the public depository to make
such substitution or exchange on a continuing basis during a
specified period without prior approval of each substitution or
exchange. The authorization may be effected by the public depositor
sending to the trustee a written notice stating that substitution may
be effected on a continuing basis during a specified period which
shall not extend beyond the end of the period of designation during
which the notice is given. The trustee may rely upon this notice and
upon the period of authorization stated therein and upon the period
of designation stated therein.

(2)
The public depository notifies the public depositor and the trustee
of an intended substitution or exchange, and the public depositor
does not object to the trustee as to the eligibility or market value
of the securities being substituted within three business days after
the date appearing on the notice of proposed substitution. The notice
to the public depositor and to the trustee shall be given in writing
and delivered electronically. The trustee may assume in any case that
the notice has been delivered to the public depositor. In order for
objections of the public depositor to be effective, receipt of the
objections must be acknowledged in writing by the trustee.

(3)
The public depositor gives written authorization for a substitution
or exchange of specific securities.

(I)
The public depository shall notify any public depositor of any
substitution or exchange under division (H)(1) or (2) of this
section.

(J)
Any federal reserve bank or branch thereof located in this state or
federal home loan bank, without compliance with Chapter 1111. of the
Revised Code and without becoming subject to any other law of this
state relative to the exercise by corporations of trust powers
generally, is qualified to act as trustee for the safekeeping of
securities, under this section. Any institution mentioned in section
135.03 or 135.32 of the Revised Code that holds a certificate of
qualification issued by the superintendent of financial institutions
or any institution complying with sections 1111.04, 1111.05, and
1111.06 of the Revised Code, is qualified to act as trustee for the
safekeeping of securities under this section, other than those
belonging to itself or to an affiliate as defined in section 1101.01
of the Revised Code.

Notwithstanding
the fact that a public depository is required to pledge eligible
securities in certain amounts to secure deposits of public moneys, a
trustee has no duty or obligation to determine the eligibility,
market value, or face value of any securities deposited with the
trustee by a public depository. This applies in all situations
including, without limitation, a substitution or exchange of
securities.

Any
charges or compensation of a designated trustee for acting as such
under this section shall be paid by the public depository and in no
event shall be chargeable to the state or the subdivision or to any
officer of the state or subdivision. The charges or compensation
shall not be a lien or charge upon the securities deposited for
safekeeping prior or superior to the rights to and interests in the
securities of the public depositor. The treasurer and the treasurer's
bonders or surety shall be relieved from any liability to the public
depositor or to the public depository for the loss or destruction of
any securities deposited with a qualified trustee pursuant to this
section.

Sec.
135.35.
(A)
The investing authority shall deposit or invest any part or all of
the county's inactive moneys and shall invest all of the money in the
county public library fund when required by section 135.352 of the
Revised Code. The following classifications of securities and
obligations are eligible for such deposit or investment:

(1)
United States treasury bills, notes, bonds, or any other obligation
or security issued by the United States treasury, any other
obligation guaranteed as to principal or interest by the United
States, or any book entry, zero-coupon United States treasury
security that is a direct obligation of the United States.

Nothing
in the classification of eligible securities and obligations set
forth in divisions (A)(2) to (10) of this section shall be construed
to authorize any investment in stripped principal or interest
obligations of such eligible securities and obligations.

(2)
Bonds, notes, debentures, or any other obligations or securities
issued by any federal government agency or instrumentality,
including, but not limited to, the federal national mortgage
association, federal home loan bank, federal farm credit bank,
federal home loan mortgage corporation, and government national
mortgage association. All federal agency securities shall be direct
issuances of federal government agencies or instrumentalities.

(3)
Time certificates of deposit or savings or deposit accounts,
including, but not limited to, passbook accounts, in any eligible
institution mentioned in section 135.32 of the Revised Code;

(4)
Bonds and other obligations of this state or the political
subdivisions of this state, provided the bonds or other obligations
of political subdivisions mature within ten years from the date of
settlement;

(5)
No-load money market mutual funds rated in the highest category at
the time of purchase by at least one nationally recognized
statistical rating organization or consisting exclusively of
obligations described in division (A)(1), (2), or (6) of section
135.143 of the Revised Code and repurchase agreements secured by such
obligations, provided that investments in securities described in
this division are made only through eligible institutions mentioned
in section 135.32 of the Revised Code;

(6)
The Ohio subdivision's fund as provided in section 135.45 of the
Revised Code;

(7)
Securities lending agreements with any eligible institution mentioned
in section 135.32 of the Revised Code that is a member of the federal
reserve system or federal home loan bank or with any recognized
United States government securities dealer meeting the description in
division (J)(1) of this section, under the terms of which agreements
the investing authority lends securities and the eligible institution
or dealer agrees to simultaneously exchange similar securities or
cash, equal value for equal value.

Securities
and cash received as collateral for a securities lending agreement
are not inactive moneys of the county or moneys of a county public
library fund. The investment of cash collateral received pursuant to
a securities lending agreement may be invested only in instruments
specified by the investing authority in the written investment policy
described in division (K) of this section.

(8)
Up to forty per cent of the county's total average portfolio in
either of the following investments:

(a)
Commercial paper notes issued by an entity that is defined in

division
(D) of section 1705.01 or
division

(E)

(K)

of
section 1706.01 of the Revised Code and that has assets exceeding
five hundred million dollars, to which notes all of the following
apply:

(i)
The notes are rated at the time of purchase in the highest
classification established by at least two nationally recognized
statistical rating organizations.

(ii)
The aggregate value of the notes does not exceed ten per cent of the
aggregate value of the outstanding commercial paper of the issuing
corporation.

(iii)
The notes mature not later than two hundred seventy days after
purchase.

(iv)
The investment in commercial paper notes of a single issuer shall not
exceed in the aggregate five per cent of interim moneys available for
investment at the time of purchase.

(b)
Bankers acceptances of banks that are insured by the federal deposit
insurance corporation and that mature not later than one hundred
eighty days after purchase.

No
investment shall be made pursuant to division (A)(8) of this section
unless the investing authority has completed additional training for
making the investments authorized by division (A)(8) of this section.
The type and amount of additional training shall be approved by the
treasurer of state and may be conducted by or provided under the
supervision of the treasurer of state.

(9)
Up to fifteen per cent of the county's total average portfolio in
notes issued by corporations that are incorporated under the laws of
the United States and that are operating within the United States, or
by depository institutions that are doing business under authority
granted by the United States or any state and that are operating
within the United States, provided both of the following apply:

(a)
The notes are rated in the three highest categories by at least two
nationally recognized statistical rating organizations at the time of
purchase.

(b)
The notes mature not later than three years after purchase.

(10)
Debt interests rated at the time of purchase in the three highest
categories by two nationally recognized statistical rating
organizations and issued by foreign nations diplomatically recognized
by the United States government. All interest and principal shall be
denominated and payable in United States funds. The investments made
under division (A)(10) of this section shall not exceed in the
aggregate two per cent of a county's total average portfolio.

The
investing authority shall invest under division (A)(10) of this
section in a debt interest issued by a foreign nation only if the
debt interest is backed by the full faith and credit of that foreign
nation, there is no prior history of default, and the debt interest
matures not later than five years after purchase. For purposes of
division (A)(10) of this section, a debt interest is rated in the
three highest categories by two nationally recognized statistical
rating organizations if either the debt interest itself or the issuer
of the debt interest is rated, or is implicitly rated, at the time of
purchase in the three highest categories by two nationally recognized
statistical rating organizations.

(11)
A current unpaid or delinquent tax line of credit authorized under
division (G) of section 135.341 of the Revised Code, provided that
all of the conditions for entering into such a line of credit under
that division are satisfied, or bonds and other obligations of a
county land reutilization corporation organized under Chapter 1724.
of the Revised Code, if the county land reutilization corporation is
located wholly or partly within the same county as the investing
authority.

(B)
Nothing in the classifications of eligible obligations and securities
set forth in divisions (A)(1) to (10) of this section shall be
construed to authorize investment in a derivative, and no investing
authority shall invest any county inactive moneys or any moneys in a
county public library fund in a derivative. For purposes of this
division, "derivative" means a financial instrument or
contract or obligation whose value or return is based upon or linked
to another asset or index, or both, separate from the financial
instrument, contract, or obligation itself. Any security, obligation,
trust account, or other instrument that is created from an issue of
the United States treasury or is created from an obligation of a
federal agency or instrumentality or is created from both is
considered a derivative instrument. An eligible investment described
in this section with a variable interest rate payment, based upon a
single interest payment or single index comprised of other eligible
investments provided for in division (A)(1) or (2) of this section,
is not a derivative, provided that such variable rate investment has
a maximum maturity of two years. A treasury inflation-protected
security shall not be considered a derivative, provided the security
matures not later than five years after purchase.

(C)
Except as provided in division (A)(4) or (D) of this section, any
investment made pursuant to this section must mature within five
years from the date of settlement, unless the investment is matched
to a specific obligation or debt of the county or to a specific
obligation or debt of a political subdivision of this state, and the
investment is specifically approved by the investment advisory
committee.

(D)
The investing authority may also enter into a written repurchase
agreement with any eligible institution mentioned in section 135.32
of the Revised Code or any eligible securities dealer pursuant to
division (J) of this section, under the terms of which agreement the
investing authority purchases and the eligible institution or dealer
agrees unconditionally to repurchase any of the securities listed in
divisions (D)(1) to (5), except letters of credit described in
division (D)(2), of section 135.18 of the Revised Code. The market
value of securities subject to an overnight written repurchase
agreement must exceed the principal value of the overnight written
repurchase agreement by at least two per cent. A written repurchase
agreement must exceed the principal value of the overnight written
repurchase agreement, by at least two per cent. A written repurchase
agreement shall not exceed thirty days, and the market value of
securities subject to a written repurchase agreement must exceed the
principal value of the written repurchase agreement by at least two
per cent and be marked to market daily. All securities purchased
pursuant to this division shall be delivered into the custody of the
investing authority or the qualified custodian of the investing
authority or an agent designated by the investing authority. A
written repurchase agreement with an eligible securities dealer shall
be transacted on a delivery versus payment basis. The agreement shall
contain the requirement that for each transaction pursuant to the
agreement the participating institution shall provide all of the
following information:

(1)
The par value of the securities;

(2)
The type, rate, and maturity date of the securities;

(3)
A numerical identifier generally accepted in the securities industry
that designates the securities.

No
investing authority shall enter into a written repurchase agreement
under the terms of which the investing authority agrees to sell
securities owned by the county to a purchaser and agrees with that
purchaser to unconditionally repurchase those securities.

(E)
No investing authority shall make an investment under this section,
unless the investing authority, at the time of making the investment,
reasonably expects that the investment can be held until its
maturity. The investing authority's written investment policy shall
specify the conditions under which an investment may be redeemed or
sold prior to maturity.

(F)
No investing authority shall pay a county's inactive moneys or moneys
of a county public library fund into a fund established by another
subdivision, treasurer, governing board, or investing authority, if
that fund was established by the subdivision, treasurer, governing
board, or investing authority for the purpose of investing or
depositing the public moneys of other subdivisions. This division
does not apply to the payment of public moneys into either of the
following:

(1)
The Ohio subdivision's fund pursuant to division (A)(6) of this
section;

(2)
A fund created solely for the purpose of acquiring, constructing,
owning, leasing, or operating municipal utilities pursuant to the
authority provided under section 715.02 of the Revised Code or
Section 4 of Article XVIII, Ohio Constitution.

For
purposes of division (F) of this section, "subdivision"
includes a county.

(G)
The use of leverage, in which the county uses its current investment
assets as collateral for the purpose of purchasing other assets, is
prohibited. The issuance of taxable notes for the purpose of
arbitrage is prohibited. Contracting to sell securities not owned by
the county, for the purpose of purchasing such securities on the
speculation that bond prices will decline, is prohibited.

(H)
Any securities, certificates of deposit, deposit accounts, or any
other documents evidencing deposits or investments made under
authority of this section shall be issued in the name of the county
with the county treasurer or investing authority as the designated
payee. If any such deposits or investments are registrable either as
to principal or interest, or both, they shall be registered in the
name of the treasurer.

(I)
The investing authority shall be responsible for the safekeeping of
all documents evidencing a deposit or investment acquired under this
section, including, but not limited to, safekeeping receipts
evidencing securities deposited with a qualified trustee, as provided
in section 135.37 of the Revised Code, and documents confirming the
purchase of securities under any repurchase agreement under this
section shall be deposited with a qualified trustee, provided,
however, that the qualified trustee shall be required to report to
the investing authority, auditor of state, or an authorized outside
auditor at any time upon request as to the identity, market value,
and location of the document evidencing each security, and that if
the participating institution is a designated depository of the
county for the current period of designation, the securities that are
the subject of the repurchase agreement may be delivered to the
treasurer or held in trust by the participating institution on behalf
of the investing authority.

Upon
the expiration of the term of office of an investing authority or in
the event of a vacancy in the office for any reason, the officer or
the officer's legal representative shall transfer and deliver to the
officer's successor all documents mentioned in this division for
which the officer has been responsible for safekeeping. For all such
documents transferred and delivered, the officer shall be credited
with, and the officer's successor shall be charged with, the amount
of moneys evidenced by such documents.

(J)(1)
All investments, except for investments in securities described in
divisions (A)(5), (6), and (11) of this section, shall be made only
through a member of the financial industry regulatory authority
(FINRA), through a bank, savings bank, or savings and loan
association regulated by the superintendent of financial
institutions, or through an institution regulated by the comptroller
of the currency, federal deposit insurance corporation, or board of
governors of the federal reserve system.

(2)
Payment for investments shall be made only upon the delivery of
securities representing such investments to the treasurer, investing
authority, or qualified trustee. If the securities transferred are
not represented by a certificate, payment shall be made only upon
receipt of confirmation of transfer from the custodian by the
treasurer, governing board, or qualified trustee.

(K)(1)
Except as otherwise provided in division (K)(2) of this section, no
investing authority shall make an investment or deposit under this
section, unless there is on file with the auditor of state a written
investment policy approved by the investing authority. The policy
shall require that all entities conducting investment business with
the investing authority shall sign the investment policy of that
investing authority. All brokers, dealers, and financial
institutions, described in division (J)(1) of this section,
initiating transactions with the investing authority by giving advice
or making investment recommendations shall sign the investing
authority's investment policy thereby acknowledging their agreement
to abide by the policy's contents. All brokers, dealers, and
financial institutions, described in division (J)(1) of this section,
executing transactions initiated by the investing authority, having
read the policy's contents, shall sign the investment policy thereby
acknowledging their comprehension and receipt.

(2)
If a written investment policy described in division (K)(1) of this
section is not filed on behalf of the county with the auditor of
state, the investing authority of that county shall invest the
county's inactive moneys and moneys of the county public library fund
only in time certificates of deposits or savings or deposit accounts
pursuant to division (A)(3) of this section, no-load money market
mutual funds pursuant to division (A)(5) of this section, or the Ohio
subdivision's fund pursuant to division (A)(6) of this section.

(L)(1)
The investing authority shall establish and maintain an inventory of
all obligations and securities acquired by the investing authority
pursuant to this section. The inventory shall include a description
of each obligation or security, including type, cost, par value,
maturity date, settlement date, and any coupon rate.

(2)
The investing authority shall also keep a complete record of all
purchases and sales of the obligations and securities made pursuant
to this section.

(3)
The investing authority shall maintain a monthly portfolio report and
issue a copy of the monthly portfolio report describing such
investments to the county investment advisory committee, detailing
the current inventory of all obligations and securities, all
transactions during the month that affected the inventory, any income
received from the obligations and securities, and any investment
expenses paid, and stating the names of any persons effecting
transactions on behalf of the investing authority.

(4)
The monthly portfolio report shall be a public record and available
for inspection under section 149.43 of the Revised Code.

(5)
The inventory and the monthly portfolio report shall be filed with
the board of county commissioners. The monthly portfolio report also
shall be filed with the treasurer of state.

(M)
An investing authority may enter into a written investment or deposit
agreement that includes a provision under which the parties agree to
submit to nonbinding arbitration to settle any controversy that may
arise out of the agreement, including any controversy pertaining to
losses of public moneys resulting from investment or deposit. The
arbitration provision shall be set forth entirely in the agreement,
and the agreement shall include a conspicuous notice to the parties
that any party to the arbitration may apply to the court of common
pleas of the county in which the arbitration was held for an order to
vacate, modify, or correct the award. Any such party may also apply
to the court for an order to change venue to a court of common pleas
located more than one hundred miles from the county in which the
investing authority is located.

For
purposes of this division, "investment or deposit agreement"
means any agreement between an investing authority and a person,
under which agreement the person agrees to invest, deposit, or
otherwise manage, on behalf of the investing authority, a county's
inactive moneys or moneys in a county public library fund, or agrees
to provide investment advice to the investing authority.

(N)(1)
An investment held in the county portfolio on September 27, 1996,
that was a legal investment under the law as it existed before
September 27, 1996, may be held until maturity.

(2)
An investment held in the county portfolio on September 10, 2012,
that was a legal investment under the law as it existed before
September 10, 2012, may be held until maturity.

(O)
Unless expressly authorized by the laws of this state, an investing
authority shall not do either of the following:

(1)
Make an investment decision with the primary purpose of influencing
any environmental, social, personal, or ideological policy;

(2)
Permit any person or entity to which the investing authority
delegates the management of the investment of public money to make
investment decisions with public money with the primary purpose of
influencing any environmental, social, personal, or ideological
policy.

Sec.
135.70.
As
used in sections 135.70 to 135.71 of the Revised Code:

(A)
"Closing costs" means a disbursement listed on a closing
disclosure for the purchase of a home by an eligible participant.

(B)
"Closing disclosure" means the statement of receipts and
disbursements for a transaction related to real estate, including a
statement prescribed under the Real Estate Settlement Procedures Act
of 1974, 12 U.S.C. 2601 et seq., as amended, and the regulations
thereunder.

(C)
"Discount interest rate" means an interest rate below the
prevailing interest rate that the treasurer of state determines
eligible savings institutions are willing to pay to hold linked
deposits.

(D)
"Eligible credit union" has the same meaning as in section
135.62 of the Revised Code.

(E)
"Eligible expenses" has the same meaning as in section
5747.85 of the Revised Code.

(F)
"Eligible home costs" means the down payment, eligible
expenses, and closing costs for the purchase of a home by an eligible
participant,
or

the
transfer of funds from one homeownership savings account to another
homeownership savings account
belonging
to the eligible participant
at
a different eligible savings institution
,
or the withdrawal of funds from a homeownership savings account that
are redeposited into the same or another homeownership savings
account belonging to the eligible participant within ninety days of
the initial withdrawal
.

(G)
"Eligible participant" means an individual who has met all
of the requirements necessary to participate in the specific linked
deposit program for which they have applied.

(H)
"Eligible program costs" means costs corresponding to the
purpose of the eligible linked deposit program.

(I)
"Eligible savings institution" means a financial
institution that:

(1)
Offers accounts to residents of this state to save for the purposes
related to the applicable linked deposit program;

(2)
Agrees to participate in the applicable linked deposit program;

(3)
Is a public depository of state funds, or an eligible credit union
designated under division (A) of section 135.12 of the Revised Code.

(J)
"Home" means "primary residence" as defined by
section 5747.85 of the Revised Code.

(K)
"Homeownership savings account" means a linked deposit
savings account opened exclusively for the purpose of paying eligible
home costs and in compliance with the requirements of section 135.71
of the Revised Code.

(L)
"Linked deposit" means a certificate of deposit, share
certificate, other financial institution instrument, or portion of an
existing deposit of interim funds made in accordance with section
135.09 of the Revised Code that is placed, purchased, or designated
by the treasurer of state with an eligible savings institution;
provided the institution agrees to pay the premium savings rate to
approved eligible participants, in accordance with the deposit
agreement required by section 135.703 of the Revised Code.

(M)
"Linked deposit program" means a program authorized under
section 135.61 and sections 135.70 to 135.71 of the Revised Code and
established by the treasurer of state pursuant to those sections.

(N)
"Linked deposit savings account" means an interest-bearing
account that is opened by an eligible participant at an eligible
savings institution exclusively for the purpose of the applicable
linked deposit program.

(O)
"Other financial institution instrument" means a product
that otherwise would pay the prevailing interest rate approved by the
treasurer of state, for the purpose of providing eligible
participants with the benefits of the applicable linked deposit
program, and in accordance with the deposit agreement under section
135.703 of the Revised Code.

(P)
"Premium savings rate" means a rate, established under
section 135.704 of the Revised Code, that reflects the percentage
rate increase above the present savings rate, as determined by the
eligible savings institution, applicable to each eligible
participant.

(Q)
"Prevailing interest rate" means a current market interest
rate selected by the treasurer of state that eligible savings
institutions are willing to pay to hold deposits of the treasurer of
state.

(R)
"Program period" means five years from the date the
eligible participant opens a linked deposit savings account with the
eligible savings institution.

(S)
"Treasurer of state's assessment rate" has the same meaning
as in section 135.62 of the Revised Code.

Sec.
135.71.
(A)
The general assembly finds that making homeownership more attainable
is an important part of fostering a robust and lasting population
across the state. However, individuals often struggle to accumulate
the financial resources needed to purchase a home. Accordingly, it is
declared to be the public policy of the state through the
homeownership savings linked deposit program to make available
premium rate savings accounts for the down payment and closing costs
associated with the purchase of a home.

(B)
An eligible participant for the homeownership savings linked deposit
program is an individual who is a resident of this state, or a member
of the uniformed services, on active duty assignment, who is a
resident of this state via a residency or domicile election in
accordance with 50 U.S.C. 4001, and has applied for a homeownership
savings account at an eligible savings institution. A member of the
uniformed services, who is an eligible participant, may apply for a
homeownership savings account at an eligible savings institution on
or after the date affixed to the permanent change of station orders.
As used in this division, "active duty" and "uniformed
services" have the meanings defined in 10 U.S.C. 101.

(C)
An eligible participant shall certify on the application that the
funds in the homeownership savings account shall be used exclusively
for eligible home costs.

(D)
A homeownership savings account shall be owned by not more than one
eligible participant and an eligible participant shall hold not more
than one homeownership savings account per program period at any
eligible savings institution.

(E)
The treasurer of state shall report to the tax commissioner any
information in the treasurer of state's possession deemed necessary
by the tax commissioner to properly administer section 5747.85 of the
Revised Code.

(F)
Not later than January 31, 2027, the treasurer of state and the tax
commissioner shall issue a report regarding the efficacy of the
homeownership savings linked deposit program. The report shall
include all of the following:

(1)
The number of homeownership savings accounts created;

(2)
The number of participating eligible savings institutions;

(3)
The total amount contributed into the accounts;

(4)
The average
yield

premium
savings rate paid
on
the accounts;

(5)
Any other information the treasurer of state or tax commissioner
deems relevant.

The
report shall be delivered to the governor, the speaker of the house
of representatives, and the president of the senate.

Sec.
141.04.
(A)
The annual salaries of the chief justice of the supreme court and of
the justices and judges named in this section payable from the state
treasury are as follows:

(1)
For the chief justice of the supreme court, the following amounts
effective in the following years:

(a)
Beginning January 1, 2018, one hundred seventy-four thousand seven
hundred dollars;

(b)
Beginning January 1, 2019, one hundred eighty-three thousand four
hundred fifty dollars;

(c)
Beginning January 1, 2020, and in each calendar year thereafter
through calendar year
2028

2025

beginning
on the first day of January, the annual compensation amount shall be
increased by one and three-quarters per cent
;

(d)
Beginning January 1, 2026, and in each calendar year thereafter
through calendar year 2029 beginning on the first day of January, the
annual compensation amount shall be increased by five per cent
.

(2)
For the justices of the supreme court, the following amounts
effective in the following years:

(a)
Beginning January 1, 2018, one hundred sixty-four thousand dollars;

(b)
Beginning January 1, 2019, one hundred seventy-two thousand two
hundred dollars;

(c)
Beginning January 1, 2020, and in each calendar year thereafter
through calendar year
2028

2025

beginning
on the first day of January, the annual compensation amount shall be
increased by one and three-quarters per cent
;

(d)
Beginning January 1, 2026, and in each calendar year thereafter
through calendar year 2029 beginning on the first day of January, the
annual compensation amount shall be increased by five per cent
.

(3)
For the judges of the courts of appeals, the following amounts
effective in the following years:

(a)
Beginning January 1, 2018, one hundred fifty-two thousand eight
hundred fifty dollars;

(b)
Beginning January 1, 2019, one hundred sixty thousand five hundred
dollars;

(c)
Beginning January 1, 2020, and in each calendar year thereafter
through calendar year
2028

2025

beginning
on the first day of January, the annual compensation amount shall be
increased by one and three-quarters per cent
;

(d)
Beginning January 1, 2026, and in each calendar year thereafter
through calendar year 2029 beginning on the first day of January, the
annual compensation amount shall be increased by five per cent
.

(4)
For the judges of the courts of common pleas, the following amounts
effective in the following years, reduced by an amount equal to the
annual compensation paid to that judge from the county treasury
pursuant to section 141.05 of the Revised Code:

(a)
Beginning January 1, 2018, one hundred forty thousand five hundred
fifty dollars;

(b)
Beginning January 1, 2019, one hundred forty-seven thousand six
hundred dollars;

(c)
Beginning January 1, 2020, and in each calendar year thereafter
through calendar year
2028

2025

beginning
on the first day of January, the annual compensation amount shall be
increased by one and three-quarters per cent
;

(d)
Beginning January 1, 2026, and in each calendar year thereafter
through calendar year 2029 beginning on the first day of January, the
annual compensation amount shall be increased by five per cent
.

(5)
For the full-time judges of a municipal court or the part-time judges
of a municipal court of a territory having a population of more than
fifty thousand, the following amounts effective in the following
years, reduced by an amount equal to the annual compensation paid to
that judge pursuant to division (B)(1)(a) of section 1901.11 of the
Revised Code from municipal corporations and counties:

(a)
Beginning January 1, 2018, one hundred thirty-two thousand one
hundred fifty dollars;

(b)
Beginning January 1, 2019, one hundred thirty-eight thousand eight
hundred dollars;

(c)
Beginning January 1, 2020, and in each calendar year thereafter
through calendar year
2028

2025

beginning
on the first day of January, the annual compensation amount shall be
increased by one and three-quarters per cent
;

(d)
Beginning January 1, 2026, and in each calendar year thereafter
through calendar year 2029 beginning on the first day of January, the
annual compensation amount shall be increased by five per cent
.

(6)
For judges of a municipal court designated as part-time judges by
section 1901.08 of the Revised Code, other than part-time judges to
whom division (A)(5) of this section applies, and for judges of a
county court, the following amounts effective in the following years,
reduced by an amount equal to the annual compensation paid to that
judge pursuant to division (A) of section 1901.11 of the Revised Code
from municipal corporations and counties or pursuant to division (A)
of section 1907.16 of the Revised Code from counties:

(a)
Beginning January 1, 2018, seventy-six thousand fifty dollars;

(b)
Beginning January 1, 2019, seventy-nine thousand nine hundred
dollars;

(c)
Beginning January 1, 2020, and in each calendar year thereafter
through calendar year
2028

2025

beginning
on the first day of January, the annual compensation amount shall be
increased by one and three-quarters per cent
;

(d)
Beginning January 1, 2026, and in each calendar year thereafter
through calendar year 2029 beginning on the first day of January, the
annual compensation amount shall be increased by five per cent
.

(B)
Except as provided in sections 1901.122 and 1901.123 of the Revised
Code, except as otherwise provided in this division, and except for
the compensation to which the judges described in division (A)(5) of
this section are entitled pursuant to divisions (B)(1)(a) and (2) of
section 1901.11 of the Revised Code, the annual salary of the chief
justice of the supreme court and of each justice or judge listed in
division (A) of this section shall be paid in equal monthly
installments from the state treasury. If the chief justice of the
supreme court or any justice or judge listed in division (A)(2), (3),
or (4) of this section delivers a written request to be paid biweekly
to the administrative director of the supreme court prior to the
first day of January of any year, the annual salary of the chief
justice or the justice or judge that is listed in division (A)(2),
(3), or (4) of this section shall be paid, during the year
immediately following the year in which the request is delivered to
the administrative director of the supreme court, biweekly from the
state treasury.

(C)
Upon the death of the chief justice or a justice of the supreme court
during that person's term of office, an amount shall be paid in
accordance with section 2113.04 of the Revised Code, or to that
person's estate. The amount shall equal the amount of the salary that
the chief justice or justice would have received during the remainder
of the unexpired term or an amount equal to the salary of office for
two years, whichever is less.

(D)
Neither the chief justice of the supreme court nor any justice or
judge of the supreme court, the court of appeals, the court of common
pleas, or the probate court shall hold any other office of trust or
profit under the authority of this state or the United States.

(E)
In addition to the salaries payable pursuant to this section, the
chief justice of the supreme court and the justices of the supreme
court shall be entitled to a vehicle allowance of five hundred
dollars per month, payable from the state treasury. The allowance
shall be increased on the first day of January of each odd-numbered
year by an amount equal to the percentage increase, if any, in the
consumer price index for the immediately preceding twenty-four month
period for which information is available.

(F)
As used in this section:

(1)
"Consumer price index"
has
the same meaning as in section 101.27 of the Revised Code
means
the consumer price index prepared by the United States bureau of
labor statistics (U.S. city average for urban wage earners and
clerical workers: all items, 1982-1984=100), or, if that index is no
longer published, a generally available comparable index
.

(2)
"Salary" does not include any portion of the cost, premium,
or charge for health, medical, hospital, dental, or surgical
benefits, or any combination of those benefits, covering the chief
justice of the supreme court or a justice or judge named in this
section and paid on the chief justice's or the justice's or judge's
behalf by a governmental entity.

Sec.
145.012.
(A)
"Public employee," as defined in division (A) of section
145.01 of the Revised Code, does not include any person:

(1)
Who is employed by a private, temporary-help service and performs
services under the direction of a public employer or is employed on a
contractual basis as an independent contractor under a personal
service contract with a public employer;

(2)
Who is an emergency employee serving on a temporary basis in case of
fire, snow, earthquake, flood, or other similar emergency;

(3)
Who is employed in a program established pursuant to the "Job
Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.
1501;

(4)
Who is an appointed member of either the motor vehicle salvage
dealers board or the motor vehicle dealer's board whose rate and
method of payment are determined pursuant to division (J) of section
124.15 of the Revised Code;

(5)
Who is
employed

appointed
to serve
as

an

a
precinct
election

worker

official
under section 3501.22 of the Revised Code
and

paid
less than six hundred dollars per calendar year
received
compensation
for
that service
,
except for a

under
section 3501.28 of the Revised Code during a
calendar
year

in
which more than one primary election and one general election are
held, the person is paid six hundred dollars plus an amount not to
exceed four hundred dollars for that service
;

(6)
Who is employed as a firefighter in a position requiring satisfactory
completion of a firefighter training course approved under former
section 3303.07 or section 4765.55 of the Revised Code or conducted
under section 3737.33 of the Revised Code except for the following:

(a)
Any firefighter who has elected under section 145.013 of the Revised
Code to remain a contributing member of the public employees
retirement system;

(b)
Any firefighter who was eligible to transfer from the public
employees retirement system to the Ohio police and fire pension fund
under section 742.51 or 742.515 of the Revised Code and did not elect
to transfer;

(c)
Any firefighter who has elected under section 742.516 of the Revised
Code to transfer from the Ohio police and fire pension fund to the
public employees retirement system.

(7)
Who is a member of the board of health of a city or general health
district, which pursuant to sections 3709.051 and 3709.07 of the
Revised Code includes a combined health district, and whose
compensation for attendance at meetings of the board is set forth in
division (B) of section 3709.02 or division (B) of section 3709.05 of
the Revised Code, as appropriate;

(8)
Who participates in an alternative retirement plan established under
Chapter 3305. of the Revised Code;

(9)
Who is a member of the board of directors of a sanitary district
established under Chapter 6115. of the Revised Code;

(10)
Who is an employee, officer, or governor-appointed member of the
board of directors of the nonprofit corporation formed under section
187.01 of the Revised Code;

(11)
Who is employed by the nonprofit entity established to provide
advocacy services and a client assistance program for people with
disabilities under Section 319.20 of Am. Sub. H.B. 153 of the 129th
general assembly and whose employment begins on or after October 1,
2012.

(B)
No inmate of a correctional institution operated by the department of
rehabilitation and correction, no patient in a hospital for persons
with mental illnesses operated by the department of mental health and
addiction services, no resident in an institution for persons with
intellectual disabilities operated by the department of developmental
disabilities, no resident admitted as a patient of a veterans' home
operated under Chapter 5907. of the Revised Code, and no resident of
a county home shall be considered as a public employee for the
purpose of establishing membership or calculating service credit or
benefits under this chapter. Nothing in this division shall be
construed to affect any service credit attained by any person who was
a public employee before becoming an inmate, patient, or resident at
any institution listed in this division, or the payment of any
benefit for which such a person or such a person's beneficiaries
otherwise would be eligible.

Sec.
145.054.
(A)
No person shall knowingly fail to file a complete and accurate
campaign finance statement or independent expenditure statement in
accordance with section 145.053 of the Revised Code.

(B)
No person, during the course of a person seeking nomination for, or
during any campaign for, election to the public employees retirement
board, shall knowingly and with intent to affect the nomination or
the outcome of the campaign do any of the following by means of
campaign materials, an advertisement on radio or television or in a
newspaper or periodical, a public speech, press release, or
otherwise:

(1)
With regard to a candidate, identify the candidate in a manner that
implies that the candidate is a member of the board or use the term
"re-elect" when the candidate is not currently a member of
the board;

(2)
Make a false statement concerning the formal schooling or training
completed or attempted by a candidate; a degree, diploma,
certificate, scholarship, grant, award, prize, or honor received,
earned, or held by a candidate; or the period of time during which a
candidate attended any school, college, community technical school,
or institution;

(3)
Make a false statement concerning the professional, occupational, or
vocational licenses held by a candidate, or concerning any position
the candidate held for which the candidate received a salary or
wages;

(4)
Make a false statement that a candidate or board member has been
indicted or convicted of a theft offense, extortion, or other crime
involving financial corruption or moral turpitude;

(5)
Make a statement that a candidate has been indicted for any crime or
has been the subject of a finding by the Ohio elections commission
,
the secretary of state, or the Ohio election integrity commission

without disclosing the outcome of any legal proceedings resulting
from the indictment or finding;

(6)
Make a false statement that a candidate or board member has a record
of treatment or confinement for mental disorder;

(7)
Make a false statement that a candidate or board member has been
subjected to military discipline for criminal misconduct or
dishonorably discharged from the armed services;

(8)
Falsely identify the source of a statement, issue statements under
the name of another person without authorization, or falsely state
the endorsement of or opposition to a candidate by a person or
publication;

(9)
Make a false statement concerning the voting record of a candidate or
board member;

(10)
Post, publish, circulate, distribute, or otherwise disseminate a
false statement concerning a candidate, either knowing the same to be
false or with reckless disregard of whether it was false or not, if
the statement is designed to promote the election, nomination, or
defeat of the candidate.

Sec.
145.055.
The
secretary of state, or any person acting on personal knowledge and
subject to the penalties of perjury, may file a
A

complaint

with
the Ohio elections commission
alleging
a violation of section 145.054 of the Revised Code

may
be filed in accordance with section 3517.16 of the Revised Code
.

The
complaint shall be made on a form prescribed and provided by the
commission.

On
receipt of a complaint under this section, the commission shall hold
a hearing open to the public to determine whether the violation
alleged in the complaint has occurred. The commission may administer
oaths and issue subpoenas to any person in the state compelling the
attendance of witnesses and the production of relevant papers, books,
accounts, and reports. On the refusal of any person to obey a
subpoena or to be sworn or to answer as a witness, the commission may
apply to the court of common pleas of Franklin county under section
2705.03 of the Revised Code. The court shall hold contempt
proceedings in accordance with Chapter 2705. of the Revised Code.

The
commission shall provide the person accused of the violation at least
seven days prior notice of the time, date, and place of the hearing.
The accused may be represented by an attorney and shall have an
opportunity to present evidence, call witnesses, and cross-examine
witnesses.

At
the hearing, the commission shall determine whether the violation
alleged in the complaint has occurred. If the commission determines
that a violation of division (A) of section 145.054 of the Revised
Code has occurred, the commission shall either impose a fine under
section 145.99 of the Revised Code or enter a finding that good cause
has been shown not to impose the fine. If the commission determines
that a violation of division (B) of section 145.054 of the Revised
Code has occurred, the commission shall impose the fine described in
section 145.99 of the Revised Code, refer the matter to the
appropriate prosecutor, or enter a finding that good cause has been
shown not to impose a fine or refer the matter to a prosecutor.

Sec.
145.09.
The
public employees retirement board shall elect from its membership a
chairperson. The board shall appoint an executive director who shall
serve as secretary to the board, an actuary, and other employees as
necessary for the transaction of the business of the public employees
retirement system. The compensation of all persons so appointed shall
be fixed by the board. Such persons appointed by the board are not
employees of the state and are not subject to Chapter 124. of the
Revised Code.

If
the board provides health care coverage to employees of the
retirement system, it may permit employees of the Ohio public
employees deferred compensation board to participate.

Effective
ninety days after September 15, 2004, the board may not employ a
state retirement system investment officer, as defined in section
1707.01 of the Revised Code, who does not hold a valid state
retirement system investment officer license issued by the division
of securities in the department of commerce.

Every
expense voucher of an employee, officer, or board member of the
public employees retirement system shall itemize all purchases and
expenditures.

The
board shall perform other functions as required for the proper
execution of this chapter, and may adopt rules in accordance with
section 111.15 of the Revised Code for the proper administration and
management of this chapter.

The
board may take all appropriate action to avoid payment by the system
or its members of federal or state income taxes on contributions to
the system or amounts earned on such contributions.

Notice
of proposed rules shall be given to interested parties and rules
adopted by the board shall be published and otherwise made available.
When it files a rule with the joint committee on agency rule review
pursuant to section 111.15 of the Revised Code, the board shall
submit to the Ohio retirement study council a copy of the full text
of the rule, and if applicable, a copy of the rule summary and fiscal
analysis required by division (B) of section 106.024 of the Revised
Code.

The
board may sue and be sued, plead and be impleaded, contract and be
contracted with. All of its business shall be transacted, all of its
funds invested, all warrants for money drawn and payments made, and
all of its cash and securities and other property shall be held in
the name of the board, or in the name of its nominee, provided that
nominees are authorized by retirement board resolution for the
purpose of facilitating the ownership and transfer of investments.

If
the Ohio retirement study council establishes a uniform format for
any report the board is required to submit to the council, the board
shall submit the report in that format.

Sec.
145.091.
The
public employees retirement system shall administer the PERS defined
benefit plan

and
,

the PERS defined contribution plans
,
and the Ohio public employees deferred compensation program
established under Chapter 148. of the Revised Code
.

Sec.
145.99.
(A)
Whoever violates division (A) of section 145.054 of the Revised Code
shall be fined not more than one hundred dollars for each day of the
violation.

(B)
Whoever violates division (B) of section 145.054 of the Revised Code
shall be imprisoned for not more than six months or fined not more
than five thousand dollars, or both.

(C)
Fines imposed by the Ohio elections commission under this section
shall be paid into the Ohio elections commission fund created under
section 3513.10 of the Revised Code.

Sec.
148.01.
(A)
As used in this chapter:

(1)
"Eligible employee" means any public employee, as defined
in division (A) of section 145.01 of the Revised Code; any person
eligible to become a member of the public employees retirement system
under section 145.20 of the Revised Code; any employee, as defined in
division (C) of section 742.01, division (B) of section 3309.01, or
division (A) of section 5505.01 of the Revised Code; any electing
employee, as defined in section 3305.01 of the Revised Code; and any
member of the state teachers retirement system.

(2)
"Participant account" means any of the following accounts:

(a)
An account that is maintained by the
Ohio

public
employees
deferred
compensation
retirement

board
and that evidences moneys that have been deferred by, or on behalf
of, a continuing member or participating employee and transmitted to
the board by the retirement system of the continuing member or
participating employee;

(b)
An account that is maintained by the governing board, administrator,
depository, or trustee of a deferred compensation program of a
municipal corporation and that evidences moneys that have been
deferred by an officer or employee of that municipal corporation and
transmitted to the governing board, administrator, depository, or
trustee by the retirement system of the officer or employee or in
another manner;

(c)
An account that is maintained by a governing board, as defined in
section 148.06 of the Revised Code, and that evidences moneys that
have been deferred by an officer or employee of a government unit, as
defined in that section, and transmitted to the governing board by
the retirement system of the officer or employee or in another
manner.

(3)
"Participating employee" means any eligible employee who is
having compensation deferred pursuant to either of the following:

(a)
An agreement that is entered into before the compensation is earned
and that is with the eligible employee's employer and the
Ohio

public
employees
deferred
compensation
retirement

board;

(b)
Automatic enrollment in the Ohio public employees deferred
compensation program under section 148.042 of the Revised Code.

(4)
"Continuing member" means any former participating employee
who is not currently having compensation deferred, or the former
participating employee's beneficiary, to whom payment has not been
made of all deferred compensation distributions.

(B)
Notwithstanding section 145.01 of the Revised Code, the definitions
of that section are applicable to this chapter only to any extent
necessary to fully understand the provisions of this chapter.
Reference may also be had to Chapters 742., 3305., 3307., 3309., and
5505. of the Revised Code for that purpose.

Sec.
148.02.
The
Ohio public employees deferred compensation
board
shall be comprised of a member of the house of representatives and a
member of the senate, who shall not be of the same political party,
each to be appointed to serve at the pleasure of the member's
respective leadership, and the members of the public employees
retirement board as constituted by section 145.04 of the Revised
Code, who are
program
is
hereby
created

as
a separate legal entity for the purpose of administering a deferred
compensation system

for all eligible employees. The public employees retirement board

created
in section 145.04 of the Revised Code shall administer the program.
The board
may
utilize its employees and property in the administration of the

system
on behalf of the Ohio public employees deferred compensation board,

program

in
consideration of a reasonable service charge to be applied in a
nondiscriminatory manner to all amounts of compensation deferred
under
this
system
the
program
.

The

Ohio
public employees deferred compensation
board
may exercise the same powers granted by section 145.09 of the Revised
Code necessary to
perform

its
functions

under
this chapter
.
The attorney general shall be the legal adviser of the board. The
Ohio public employees deferred compensation receiving account
,
which is hereby created,

shall be in the custody of the treasurer of state, but shall not be
part of the state treasury.

The
Ohio public employees deferred compensation receiving account is a
legal entity that is separate from the various funds created under
Chapter 145. of the Revised Code.

Sec.
148.021.
Whenever
the Ohio public employees deferred compensation board or the
executive director of that board or a variation thereof is used,
referred to, or designated in any statute, rule, contract, grant, or
other document, the use, reference, or designation shall be deemed to
refer to the public employees retirement board or the executive
director of the public employees retirement system, as the case may
be.

Sec.
148.04.
(A)
The
Ohio

public
employees
deferred
compensation
retirement

board
shall initiate, plan, expedite, and, subject to an appropriate
assurance of the approval of the internal revenue service, promulgate
and offer to all eligible employees, and thereafter administer on
behalf of all participating employees and continuing members, and
alter as required, a program for deferral of compensation, including
a reasonable number of options to the employee for the investment of
deferred funds, always in such form as will assure the desired tax
treatment of such funds. The members of the board are the trustees of
any deferred funds and shall discharge their duties with respect to
the funds solely in the interest of and for the exclusive benefit of
participating employees, continuing members, and their beneficiaries.
With respect to such deferred funds, section 148.09 of the Revised
Code shall apply to claims against participating employees or
continuing members and their employers.

(B)
Every employer of an eligible employee shall enroll the employee in a
deferred compensation program offered by the board on the employee's
application to participate, on the employee's election under section
148.041 of the Revised Code, or by automatic enrollment under section
148.042 of the Revised Code.

(C)
The board shall take all actions necessary to ensure that the program
qualifies as an eligible deferred compensation plan under section
457(b) of the Internal Revenue Code of 1986, 26 U.S.C. 457. The board
shall, subject to any applicable provisions of the Ohio public
employees deferred compensation program plan, undertake to obtain as
favorable conditions of tax treatment as possible, both in the
initial programs and any permitted alterations of them or additions
to them, as to such matters as terms of distribution, designation of
beneficiaries, withdrawal upon disability, financial hardship, or
termination of public employment, and other optional provisions.

The
board may establish a designated Roth account feature or any other
feature in which an employee may make tax-deferred or nontax-deferred
contributions to an eligible government plan in accordance with 26
U.S.C. 457, as amended.

(D)
In no event shall the total of the amount of deferred compensation to
be set aside under a deferred compensation program and the employee's
nondeferred income for any year exceed the total annual salary or
compensation under the existing salary schedule or classification
plan applicable to the employee in that year.

Such
a deferred compensation program shall be in addition to any
retirement or any other benefit program provided by law for employees
of this state. The board shall adopt rules pursuant to Chapter 119.
of the Revised Code to provide any necessary standards or conditions
for the administration of its programs, including any limits on the
portion of a participating employee's compensation that may be
deferred in order to avoid adverse treatment of the program by the
internal revenue service or the occurrence of deferral, withholding,
or other deductions in excess of the compensation available for any
pay period.

Both
of the following apply to a deferred compensation program established
under this section:

(1)
Any income deferred under the program shall continue to be included
as regular compensation for the purpose of computing the
contributions to and benefits from the retirement system of an
employee;

(2)
Any sums deferred shall not be included in the computation of any
federal and state income taxes withheld on behalf of an employee.
Sums contributed to a Roth account feature or other feature to which
nontax-deferred contributions are made shall be included in the
computation of any federal and state income taxes withheld on behalf
of an employee.

(E)
This section does not limit the authority of any municipal
corporation, county, township, park district, conservancy district,
sanitary district, health district, public library, county law
library, public institution of higher education, or school district
to provide separate authorized plans or programs for deferring
compensation of their officers and employees in addition to the
program for the deferral of compensation offered by the board. Any
municipal corporation, township, public institution of higher
education, or school district that offers such plans or programs
shall include a reasonable number of options to its officers or
employees for the investment of the deferred funds, including
annuities, variable annuities, regulated investment trusts, or other
forms of investment approved by the municipal corporation, township,
public institution of higher education, or school district, that will
assure the desired tax treatment of the funds.

Sec.
148.041.
(A)
Unless the employee will be automatically enrolled in the Ohio public
employees deferred compensation program under section 148.042 of the
Revised Code, whenever an eligible employee becomes employed in a
position paid by warrant of the director of budget and management,
the employee's employer shall do both of the following at the time
the employee completes the employee's initial employment paperwork:

(1)
Provide to the employee materials provided by the
Ohio

public
employees
deferred
compensation
retirement

board
under division (D) of this section regarding the benefits of
long-term savings through deferred compensation;

(2)
Except as otherwise provided in division (E) of this section, secure,
in writing or by electronic means, the employee's election to
participate or not participate in a deferred compensation program
offered by the board.

(B)
An election regarding participation under this section shall be made
in the manner prescribed by the board.

(C)
The employer shall forward each election completed under this section
to the program not later than forty-five days after the date the
employee's employment begins.

(D)
The board shall provide informational materials and participation
forms to employers required to comply with this section.

(E)
If an eligible employee transfers employment from one position paid
by warrant of the director of budget and management to another
position paid by warrant of the director of budget and management
and, at the time of transfer, is a participating employee, the
employee's new employer shall not be required to secure the
employee's election to participate or not participate under division
(A)(2) of this section.

Sec.
148.042.
(A)
As used in this section, "employing authority" means both
of the following:

(1)
The supreme court, house of representatives, senate, legislative
service commission, secretary of state, auditor of state, treasurer
of state, or attorney general with respect to employees of those
entities;

(2)
The director of administrative services, with respect to eligible
employees employed in a position paid by warrant of the director of
budget and management who are not employed by a person or entity
listed in division (A)(1) of this section.

(B)(1)
An employing authority may elect to automatically enroll employees
described in division (C)(1) of this section in the Ohio public
employees deferred compensation program. An employing authority that
elects automatic enrollment shall notify the
Ohio

public
employees
deferred
compensation
retirement

board
of that election. Automatic enrollment shall commence as soon as
administratively practical for the board and the employing authority.

(2)
An employing authority that elects automatic enrollment may cease
automatic enrollment by notifying the board. The employing authority
shall specify in the notice the date on which automatic enrollment
will cease, and that date must be at least ninety days after the date
the employing authority sends the notice. An employee who commences
employment after automatic enrollment ceases may elect to participate
in the program in accordance with section 148.04 or 148.041 of the
Revised Code. Cessation of automatic enrollment does not affect the
enrollment of employees enrolled during an automatic enrollment
period.

An
employing authority that ceases automatic enrollment may subsequently
elect automatic enrollment by complying with division (B)(1) of this
section.

(C)(1)
An eligible employee employed by an employing authority that has
elected automatic enrollment shall be automatically enrolled in the
program if one of the following applies to the employee:

(a)
The employee initially commences employment with the employing
authority on or after the date automatic enrollment begins under
division (B) of this section.

(b)
The employee separates from employment with an employing authority,
becomes a continuing member, and, on or after the date automatic
enrollment begins, commences employment with that employing authority
or a different employing authority.

(c)
The employee is employed in a position paid by warrant of the
director of budget and management and the employee transfers
employment from an employing authority that has not elected to
automatically enroll employees under this section to another position
paid by warrant of the director of budget and management under an
employing authority that has elected to automatically enroll
employees, if the transfer occurs on or after the date automatic
enrollment begins.

(2)
An employee who, at the time of transferring from one employing
authority to another as described in division (C)(1)(c) of this
section, is a participating employee shall not be automatically
enrolled in the program by the employing authority to which the
employee transfers.

(D)
The board shall establish the automatic deferral amounts and specify
the investment options into which those deferred amounts will be
invested for participating employees who are enrolled under this
section. Deferral amounts shall not exceed the lesser of either ten
per cent of an eligible employee's compensation or the maximum
contribution that the employee is eligible to contribute under
federal law.

(E)
An employing authority that elects to automatically enroll employees
under this section shall provide those employees with notice of the
employee's rights and obligations in the manner prescribed by the
board.

(F)
An employing authority shall not elect to automatically enroll an
eligible employee under this section, or elect to cease automatic
enrollment, if that election conflicts with any collective bargaining
agreement entered into between the employing authority and an
exclusive representative as defined in section 4117.01 of the Revised
Code.

Sec.
148.05.
(A)(1)
As used in this division, "personal history record" means
information maintained by the
Ohio

public
employees
deferred
compensation
retirement

board
on an individual who is a participating employee or continuing member
that includes the address, telephone number, social security number,
record of contributions, records of benefits, correspondence with the
Ohio public employees deferred compensation program, or other
information the board determines to be confidential.

(2)
The records of the board shall be open to public inspection, except
that the following shall be excluded, except with the written
authorization of the individual concerned:

(a)
Information pertaining to an individual's participant account;

(b)
The individual's personal history record.

(B)(1)
All medical reports, records, and recommendations of a participating
employee or a continuing member that are in the possession of the
board are privileged.

(2)
All tax information of a participating employee, continuing member,
or former participant or member that is in the possession of the
board shall be confidential to the extent the information is
confidential under Title LVII or any other provision of the Revised
Code.

(C)
Notwithstanding the exceptions to public inspection in division
(A)(2) of this section, the board may furnish the following
information:

(1)
If a participating employee, continuing member, or former participant
or member is subject to an order issued under section 2907.15 of the
Revised Code or is convicted of or pleads guilty to a violation of
section 2921.41 of the Revised Code, on written request of a
prosecutor as defined in section 2935.01 of the Revised Code, the
board shall furnish to the prosecutor the information requested from
the individual's personal history record or participant account.

(2)
Pursuant to a court or administrative order issued pursuant to
Chapter 3119., 3121., 3123., or 3125. of the Revised Code, the board
shall furnish to a court or child support enforcement agency the
information required under that section.

(3)
Pursuant to an administrative subpoena issued by a state agency, the
board shall furnish the information required by the subpoena.

(4)
The board shall comply with orders issued under section 3105.87 of
the Revised Code.

(D)
A statement that contains information obtained from the program's
records that is signed by the executive director or the director's
designee and to which the board's official seal is affixed, or copies
of the program's records to which the signature and seal are
attached, shall be received as true copies of the board's records in
any court or before any officer of this state.

Sec.
148.10.
(A)
Notwithstanding any other provision of this chapter, any payment,
other than a survivorship benefit, that is to be made to a person by
a deferred compensation program pursuant to those sections or a
deferred compensation program offered by a government unit, as
defined in section 148.06 of the Revised Code, or by a municipal
corporation is subject to any withholding order issued pursuant to
section 2907.15 or division (C)(2)(b) of section 2921.41 of the
Revised Code. The
Ohio

public
employees
deferred
compensation
retirement

board,
the governing board, as defined in section 148.06 of the Revised
Code, that is associated with a government unit, and the governing
board, administrator, depository, or trustee of a deferred
compensation program of a municipal corporation shall comply with
that withholding order in making payment.

(B)
Notwithstanding any other provision of this chapter, if a deferred
compensation program receives a notice pursuant to section 2907.15 or
division (D) of section 2921.41 of the Revised Code that a person who
has a participant account has been charged with a violation of
section 2907.02, 2907.03, 2907.04, 2907.05, or 2921.41 of the Revised
Code, no payment from that account shall be made prior to whichever
of the following is applicable:

(1)
If the person is convicted of or pleads guilty to the violation and a
motion for a withholding order for purposes of restitution has not
been filed under section 2907.15 or division (C)(2)(b)(i) of section
2921.41 of the Revised Code, thirty days after the day on which the
person is sentenced for the violation;

(2)
If the person is convicted of or pleads guilty to the violation and a
motion for a withholding order for purposes of restitution has been
filed under section 2907.15 or division (C)(2)(b)(i) of section
2921.41 of the Revised Code, the day on which the court decides the
motion;

(3)
If the charge is dismissed or the person is found not guilty or not
guilty by reason of insanity of the violation, the day on which the
dismissal of the charge or the verdict is entered in the journal of
the court.

Sec.
149.011.
As
used in this chapter, except as otherwise provided:

(A)
"Public office" includes any state agency, public
institution, political subdivision, or other organized body, office,
agency, institution, or entity established by the laws of this state
for the exercise of any function of government. "Public office"
does not include the nonprofit corporation formed under section
187.01 of the Revised Code.

(B)
"State agency" includes every department, bureau, board,
commission, office, or other organized body established by the
constitution and laws of this state for the exercise of any function
of state government, including any state-supported institution of
higher education, the general assembly, any legislative agency, any
court or judicial agency, or any political subdivision or agency of a
political subdivision. "State agency" does not include the
nonprofit corporation formed under section 187.01 of the Revised
Code.

(C)
"Public money" includes all money received or collected by
or due a public official, whether in accordance with or under
authority of any law, ordinance, resolution, or order, under color of
office, or otherwise. It also includes any money collected by any
individual on behalf of a public office or as a purported
representative or agent of the public office.

(D)
"Public official" includes all officers, employees, or duly
authorized representatives or agents of a public office.

(E)
"Color of office" includes any act purported or alleged to
be done under any law, ordinance, resolution, order, or other
pretension to official right, power, or authority.

(F)
"Archive" includes any public record that is transferred to
the state archives or other designated archival institutions because
of the historical information contained on it.

(G)
"Records" includes any document, device, or item,
regardless of physical form or characteristic, including an
electronic record as defined in section 1306.01 of the Revised Code,
created or received by or coming under the jurisdiction of any public
office of the state or its political subdivisions, which serves to
document the organization, functions, policies, decisions,
procedures, operations, or other activities of the office.

"Records"
does not include personal notes or any document, device, or item,
regardless of physical form or whether an assistive device or
application was used, of a public official, or of the official's
attorney, employee, or agent, that is used, maintained, and accessed
solely by the individual who creates it or causes its creation.

Sec.
149.10.
All
boards, commissions, agencies, institutions, and departments in the
executive branch of state government shall submit to the auditor of
state a copy of each formal internally or independently produced
audit report, as well as any management study or report
which

that

recommends
changes
which

that

would
affect the auditing system.

Pursuant
to section 117.43 of the Revised Code, no such report shall be
produced without the approval of the auditor of state.

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

The
general assembly may appropriate money to the Ohio history connection
each biennium to carry out the public functions of the Ohio history
connection as enumerated in this section. An appropriation by the
general assembly to the Ohio history connection constitutes an offer
to contract with the Ohio history connection to carry out those
public functions for which appropriations are made. An acceptance by
the Ohio history connection of the appropriated funds constitutes an
acceptance by the Ohio history connection of the offer and is
considered an agreement by the Ohio history connection to perform
those functions in accordance with the terms of the appropriation and
the law and to expend the funds only for the purposes for which
appropriated. The governor may request on behalf of the Ohio history
connection, and the controlling board may release, additional funds
to the Ohio history connection for survey, salvage, repair, or
rehabilitation of an emergency nature for which funds have not been
appropriated, and acceptance by the Ohio history connection of those
funds constitutes an agreement on the part of the Ohio history
connection to expend those funds only for the purpose for which
released by the controlling board.

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

The
Ohio history connection shall perform the public function of sending
notice by ordinary or certified mail to the owner of any property at
the time it is listed on the national register of historic places.
The Ohio history connection shall accurately record all expenditures
of such funds in conformity with generally accepted accounting
principles.

The
auditor of state shall audit all funds and fiscal records of the Ohio
history connection.

The
public functions to be performed by the Ohio history connection shall
include all of the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(O)
Constructing a monument honoring Governor James A. Rhodes, which
shall stand on the northeast quadrant of the grounds surrounding the
capitol building. The monument shall be constructed with private
funds donated to the Ohio history connection and designated for this
purpose. No public funds shall be expended to construct this
monument. The department of administrative services shall cooperate
with the Ohio history connection in carrying out this function and
shall maintain the monument in a manner compatible with the grounds
of the capitol building.

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

(Q)

Being
the custodian of the field notes, maps, records, documents, papers,
and implements relating to or used in the survey of the public lands
within the state, which were delivered to the executive of this state
by the surveyor of the United States at Detroit, by order of the
government of the United States, the records of field notes and other
records of papers that have been added thereto, the records of deeds
and other records or papers relating to the public lands originally
deposited with the governor or secretary of state, and the records,
maps, plats, papers, documents, and implements relating to the public
lands in the Virginia military district in this state, from the
United States land office at Chillicothe. These records and files
shall be subject to inspection, and the Ohio history connection, on
demand and tender of the proper fees, shall furnish certified copies
of any of them.

(R)
Furnishing to the board of education of each school district copies
of deeds, leases, field notes, records, and other papers and
documents that are in the Ohio history connection's possession,
relating to the lands appropriated by congress for the support of
schools and ministerial purposes that have been allocated for the
benefit of that district, and such copies, when certified by the Ohio
history connection, shall be received as competent evidence and shall
have the same force and effect as the originals. The Ohio history
connection shall charge fees sufficient to defray the cost of
preparing copies.

(S)

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

The
Ohio history connection, with the help of local historical societies,
may compile and maintain a registry of war relics, as defined in
section 155.28 of the Revised Code, that are located on public
property or on the property of a cemetery association.

The
Ohio history connection shall not sell, mortgage, transfer, or
dispose of historical or archaeological sites to which it has title
and in which the state has monetary interest except by action of the
general assembly.

Money
or fines paid to the Ohio history connection under section 155.99 of
the Revised Code shall be expended by the Ohio history connection
only for the preservation of war relics.

In
consideration of the public functions performed by the Ohio history
connection for the state, employees of the Ohio history connection
shall be considered public employees within the meaning of section
145.01 of the Revised Code.

Sec.
149.3010.
The
Ohio history connection, in addition to its other functions, may use
any land owned by the Ohio history connection, any land owned by the
state and in the Ohio history connection's custody and control, any
land leased by the Ohio history connection, or any land that the Ohio
history connection has agreed to lease to another entity or
organization, for the purpose of repatriation of American Indian
human remains.

The
Ohio history connection shall work with and cooperate with federally
recognized Indian tribal governments in the selection, management,
and use of burial sites under this section. The Ohio history
connection shall implement reasonable standards for the use and
maintenance of the burial sites. In the event the Ohio history
connection shall deaccession, otherwise dispose of, or no longer have
custody and control of a burial site, the Ohio history connection
shall retain access and authority to maintain the site or the Ohio
history connection shall assign its right of access and maintenance
to the person acquiring the site.
For
each burial site established on or after the effective date of this
section, and for each burial site established before the effective
date of this section and for which it is legally feasible, the Ohio
history connection shall establish a perpetual easement, enforceable
by the Ohio history connection or a person assigned by the Ohio
history connection, to preserve the burial sites.

Chapters
517., 759., 1721., and 4767. of the Revised Code do not apply to
burial sites under this section.

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

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

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

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

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

(c)
New building construction costs.

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

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

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

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

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

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

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

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

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

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

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

The
form and manner of filing such applications shall be prescribed by
rule of the director. Each application shall state the amount of
qualified rehabilitation expenditures the applicant estimates will be
paid or incurred and shall indicate whether the historic building was
used as a theater before, and is intended to be used as a theater
after, the rehabilitation. The director may require applicants to
furnish documentation of such estimates.

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

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

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

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

(4)
The form of rehabilitation tax credit certificates;

(5)
Reporting requirements and monitoring procedures;

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

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

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

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

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

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

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

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

(4)
The historic building that is the subject of the application is not,
and will not upon completion of the rehabilitation project be, part
of a qualified low-income housing project allocated a tax credit
pursuant to section 42 of the Internal Revenue Code.

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

(D)(1)
If the director determines that an application meets the criteria in
division (C) of this section, the director shall conduct a
cost-benefit analysis for the historic building that is the subject
of the application to determine whether rehabilitation of the
historic building will result in a net revenue gain in state and
local taxes once the building is used. The director shall consider
the results of the cost-benefit analysis in determining whether to
approve the application. The director shall also consider the
potential economic impact and the regional distributive balance of
the credits throughout the state. The director shall not consider
whether the historic building is located in or will benefit an
economically distressed area, including by weighting preference based
on the poverty rate in the jurisdiction or census tract in which the
building is located
,
nor shall the director consider or give weighted preference based on
vacancy or underutilization of the building
.
The director may approve an application only after completion of the
cost-benefit analysis.

(2)
A rehabilitation tax credit certificate shall not be issued for an
amount greater than the estimated amount furnished by the applicant
on the application for such certificate and approved by the director.
The director shall not approve more than a total of
one
hundred twenty
seventy-five

million
dollars of rehabilitation tax credits for each of fiscal years
2023
and 2024, and sixty million dollars of rehabilitation tax credits for
each fiscal year thereafter

2026
and 2027,
but
the director may reallocate unused tax credits from a prior fiscal
year for new applicants and such reallocated credits shall not apply
toward the dollar limit of this division.
The
director shall not approve any amount of rehabilitation tax credits
after fiscal year 2027 unless specifically approved by an act of the
general assembly.

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

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

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

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

(6)
The director may approve the application of, and issue a
rehabilitation tax credit certificate to, the owner of a catalytic
project, provided the application otherwise meets the criteria
described in divisions (C) and (D) of this section. The director may
not approve more than one application for a rehabilitation tax credit
certificate under division (D)(6) of this section during each state
fiscal biennium. The director shall not approve an application for a
rehabilitation tax credit certificate under division (D)(6) of this
section during the state fiscal biennium beginning July 1, 2017, or
during any state fiscal biennium thereafter. The director shall
consider the following criteria in determining whether to approve an
application for a certificate under division (D)(6) of this section:

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

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

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

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

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

(8)
The director shall give consideration for tax credits awarded under
this section to rehabilitations of historic buildings used as a
theater before, and intended to be used as a theater after, the
rehabilitation. In determining whether to approve an application for
such a rehabilitation, the director shall consider the extent to
which the rehabilitation will increase attendance at the theater and
increase the theater's gross revenue.

(9)
The director shall rescind the approval of any application if the
building that is the subject of the application is part of a
qualified low-income housing project allocated a tax credit pursuant
to section 42 of the Internal Revenue Code at any time before the
building's rehabilitation is complete.

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

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

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

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

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

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

(I)
Notwithstanding sections 5725.151, 5725.34, 5726.52, 5729.17,
5733.47, and 5747.76 of the Revised Code, the following apply to a
tax credit approved under this section after September 13, 2022, and
before July 1, 2024:

(1)
The certificate holder may claim a tax credit equal to thirty-five
per cent of the dollar amount indicated on the tax credit certificate
if any county, township, or municipal corporation within which the
project is located has a population of less than three hundred
thousand according to the 2020 decennial census. The tax credit
equals twenty-five per cent of the dollar amount indicated on the
certificate if the project is not located within such a county,
township, or municipal corporation.

(2)
The total tax credit claimed under section 5725.151, 5725.34,
5726.52, 5729.17, 5733.47, or 5747.76 of the Revised Code for any one
project shall not exceed ten million dollars for any calendar year,
tax year, or taxable year.

(3)
If the credit claimed in any calendar year, tax year, or taxable year
exceeds the tax otherwise due, the excess shall be refunded to the
taxpayer, subject to division (I)(2) of this section.

(J)

Notwithstanding
sections 5725.151, 5725.34, 5726.52, 5729.17, 5733.47, and 5747.76 of
the Revised Code, the certificate owner of a tax credit certificate
may claim a tax credit equal to thirty-five per cent of the dollar
amount of qualified rehabilitation expenditures indicated on the
certificate if the project for which the certificate was issued is
located in a municipal corporation with a population of less than
three hundred thousand or in the unincorporated area of a township.

(K)

The
director of development, in consultation with the director of budget
and management, shall develop and adopt a system of tracking any
information necessary to anticipate the impact of credits issued
under this section on tax revenues for current and future fiscal
years. Such information may include the number of applications
approved, the estimated rehabilitation expenditures and
rehabilitation period associated with such applications, the number
and amount of tax credit certificates issued, and any other
information the director of budget and management requires for the
purposes of this division.

(K)
(L)

For purposes of this section and Chapter 122:19-1 of the Ohio
Administrative Code, a tax credit certificate issued under this
section is effective on the date that all historic buildings
rehabilitated by the project are "placed in service," as
that term is used in section 47 of the Internal Revenue Code.

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

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

(2)(a)
As used in division (B)(2) of this section, "paper case records"
means written reports of child abuse or neglect, written records of
investigations, or other written records required to be prepared
under section 2151.421,
5101.13,

5153.166,

or

5153.17
,
or 5180.40

of the Revised Code.

(b)
A county public children services agency may submit to the county
records commission applications for one-time disposal, or schedules
of records retention and disposition, of paper case records that have
been entered into permanently maintained and retrievable fields in
the state automated child welfare information system established
under section
5101.13

5180.40

of
the Revised Code or entered into other permanently maintained and
retrievable electronic files. The county records commission may
dispose of the paper case records pursuant to the procedure outlined
in this section.

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

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

(3)
Before public records are to be disposed of pursuant to an approved
schedule of records retention and disposition, the county records
commission shall inform the Ohio history connection of the disposal
through the submission of a certificate of records disposal for only
the records required by the schedule to be disposed of and shall give
the Ohio history connection the opportunity for a period of fifteen
business days to select for its custody those records, from the
certificate submitted, that it considers to be of continuing
historical value. Upon the expiration of the fifteen-business-day
period, the county records commission also shall notify the public
libraries, county historical society, state universities, and other
public or quasi-public institutions, agencies, or corporations in the
county that have provided the commission with their name and address
for these notification purposes, that the commission has informed the
Ohio history connection of the records disposal and that the notified
entities, upon written agreement with the Ohio history connection
pursuant to section 149.31 of the Revised Code, may select records of
continuing historical value, including records that may be
distributed to any of the notified entities under section 149.31 of
the Revised Code. Any notified entity that notifies the county
records commission of its intent to review and select records of
continuing historical value from certificates of records disposal is
responsible for the cost of any notice given and for the
transportation of those records.

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

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

Sec.
149.43.
(A)
As used in this section:

(1)
"Public record" means records kept by any public office,
including, but not limited to, state, county, city, village,
township, and school district units, and records pertaining to the
delivery of educational services by an alternative school in this
state kept by the nonprofit or for-profit entity operating the
alternative school pursuant to section 3313.533 of the Revised Code.
"Public record" does not mean any of the following:

(a)
Medical records;

(b)
Records pertaining to probation and parole proceedings, to
proceedings related to the imposition of community control sanctions
and post-release control sanctions, or to proceedings related to
determinations under section 2967.271 of the Revised Code regarding
the release or maintained incarceration of an offender to whom that
section applies;

(c)
Records pertaining to actions under section 2151.85 and division (C)
of section 2919.121 of the Revised Code and to appeals of actions
arising under those sections;

(d)
Records pertaining to adoption proceedings, including the contents of
an adoption file maintained by the department of health under
sections 3705.12 to 3705.124 of the Revised Code;

(e)
Information in a record contained in the putative father registry
established by section 3107.062 of the Revised Code, regardless of
whether the information is held by the department of
job
and family services
children
and youth
or,
pursuant to section 3111.69 of the Revised Code, the office of child
support in the department
of
job and family services
or
a child support enforcement agency;

(f)
Records specified in division (A) of section 3107.52 of the Revised
Code;

(g)
Trial preparation records
,
prior to the conclusion of all direct appeals or, if no appeal is
filed, prior to the expiration of the time during which an appeal may
be filed, or, if no trial has occurred, until the civil or criminal
action or proceeding has ended without the possibility of direct
appeal or each agency, office, or official responsible for the matter
has made a decision not to proceed with the matter
;

(h)
Confidential law enforcement investigatory records;

(i)
Records containing information that is confidential under section
2710.03 or 4112.05 of the Revised Code;

(j)
DNA records stored in the DNA database pursuant to section 109.573 of
the Revised Code;

(k)
Inmate records
released
by the department of rehabilitation and correction to the department
of youth services or a court of record pursuant to division (E) of

under

section
5120.21 of the Revised Code
,
except for permitted disclosure of the information listed in division
(E)(1) of that section
;

(l)
Records maintained by the department of youth services pertaining to
children in its custody released by the department of youth services
to the department of rehabilitation and correction pursuant to
section 5139.05 of the Revised Code;

(m)
Intellectual property records;

(n)
Donor profile records;

(o)
Records maintained by the department of job and family services
pursuant to section 3121.894 of the Revised Code;

(p)
Designated public service worker residential and familial
information;

(q)
In the case of a county hospital operated pursuant to Chapter 339. of
the Revised Code or a municipal hospital operated pursuant to Chapter
749. of the Revised Code, information that constitutes a trade
secret, as defined in section 1333.61 of the Revised Code;

(r)
Information pertaining to the recreational activities of a person
under the age of eighteen;

(s)
In the case of a child fatality review board acting under sections
307.621 to 307.629 of the Revised Code or a review conducted pursuant
to guidelines established by the director of health under section
3701.70 of the Revised Code, records provided to the board or
director, statements made by board members during meetings of the
board or by persons participating in the director's review, and all
work products of the board or director, and in the case of a child
fatality review board, child fatality review data submitted by the
board to the department of health or a national child death review
database, other than the report prepared pursuant to division (A) of
section 307.626 of the Revised Code;

(t)
Records provided to and statements made by the executive director of
a public children services agency or a prosecuting attorney acting
pursuant to section 5153.171 of the Revised Code other than the
information released under that section;

(u)
Test materials, examinations, or evaluation tools used in an
examination for licensure as a nursing home administrator that the
board of executives of long-term services and supports administers
under section 4751.15 of the Revised Code or contracts under that
section with a private or government entity to administer;

(v)
Records the release of which is prohibited by state or federal law;

(w)
Proprietary information of or relating to any person that is
submitted to or compiled by the Ohio venture capital authority
created under section 150.01 of the Revised Code;

(x)
Financial statements and data any person submits for any purpose to
the Ohio housing finance agency or the controlling board in
connection with applying for, receiving, or accounting for financial
assistance from the agency, and information that identifies any
individual who benefits directly or indirectly from financial
assistance from the agency;

(y)
Records listed in section 5101.29 of the Revised Code;

(z)
Discharges recorded with a county recorder under section 317.24 of
the Revised Code, as specified in division (B)(2) of that section;

(aa)
Usage information including names and addresses of specific
residential and commercial customers of a municipally owned or
operated public utility;

(bb)
Records described in division (C) of section 187.04 of the Revised
Code that are not designated to be made available to the public as
provided in that division;

(cc)
Information and records that are made confidential, privileged, and
not subject to disclosure under divisions (B) and (C) of section
2949.221 of the Revised Code;

(dd)
Personal information, as defined in section 149.45 of the Revised
Code;

(ee)
The confidential name, address, and other personally identifiable
information of a program participant in the address confidentiality
program established under sections 111.41 to 111.47 of the Revised
Code, including the contents of any application for absent voter's
ballots, absent voter's ballot identification envelope statement of
voter, or provisional ballot affirmation completed by a program
participant who has a confidential voter registration record; records
or portions of records pertaining to that program that identify the
number of program participants that reside within a precinct, ward,
township, municipal corporation, county, or any other geographic area
smaller than the state; and any real property confidentiality notice
filed under section 111.431 of the Revised Code and the information
described in division (C) of that section. As used in this division,
"confidential address" and "program participant"
have the meaning defined in section 111.41 of the Revised Code.

(ff)
Orders for active military service of an individual serving or with
previous service in the armed forces of the United States, including
a reserve component, or the Ohio organized militia, except that, such
order becomes a public record on the day that is fifteen years after
the published date or effective date of the call to order;

(gg)
The name, address, contact information, or other personal information
of an individual who is less than eighteen years of age that is
included in any record related to a traffic accident involving a
school vehicle in which the individual was an occupant at the time of
the accident;

(hh)
Protected health information, as defined in 45 C.F.R. 160.103, that
is in a claim for payment for a health care product, service, or
procedure, as well as any other health claims data in another
document that reveals the identity of an individual who is the
subject of the data or could be used to reveal that individual's
identity;

(ii)
Any depiction by photograph, film, videotape, or printed or digital
image under either of the following circumstances:

(i)
The depiction is that of a victim of an offense the release of which
would be, to a reasonable person of ordinary sensibilities, an
offensive and objectionable intrusion into the victim's expectation
of bodily privacy and integrity.

(ii)
The depiction captures or depicts the victim of a sexually oriented
offense, as defined in section 2950.01 of the Revised Code, at the
actual occurrence of that offense.

(jj)
Restricted portions of a body-worn camera or dashboard camera
recording;

(kk)
In the case of a fetal-infant mortality review board acting under
sections 3707.70 to 3707.77 of the Revised Code, records, documents,
reports, or other information presented to the board or a person
abstracting such materials on the board's behalf, statements made by
review board members during board meetings, all work products of the
board, and data submitted by the board to the department of health or
a national infant death review database, other than the report
prepared pursuant to section 3707.77 of the Revised Code.

(ll)
Records, documents, reports, or other information presented to the
pregnancy-associated mortality review board established under section

3738.01

5180.27

of
the Revised Code, statements made by board members during board
meetings, all work products of the board, and data submitted by the
board to the department of health, other than the biennial reports
prepared under section
3738.08

5180.277

of
the Revised Code;

(mm)
Except as otherwise provided in division (A)(1)(oo) of this section,
telephone numbers for a victim, as defined in section 2930.01 of the
Revised Code or a witness to a crime that are listed on any law
enforcement record or report.

(nn)
A preneed funeral contract, as defined in section 4717.01 of the
Revised Code, and contract terms and personally identifying
information of a preneed funeral contract, that is contained in a
report submitted by or for a funeral home to the board of embalmers
and funeral directors under division (C) of section 4717.13, division
(J) of section 4717.31, or section 4717.41 of the Revised Code.

(oo)
Telephone numbers for a party to a motor vehicle accident subject to
the requirements of section 5502.11 of the Revised Code that are
listed on any law enforcement record or report, except that the
telephone numbers described in this division are not excluded from
the definition of "public record" under this division on
and after the thirtieth day after the occurrence of the motor vehicle
accident.

(pp)
Records pertaining to individuals who complete training under section
5502.703 of the Revised Code to be permitted by a school district
board of education or governing body of a community school
established under Chapter 3314. of the Revised Code, a STEM school
established under Chapter 3326. of the Revised Code, or a chartered
nonpublic school to convey deadly weapons or dangerous ordnance into
a school safety zone;

(qq)
Records, documents, reports, or other information presented to a
domestic violence fatality review board established under section
307.651 of the Revised Code, statements made by board members during
board meetings, all work products of the board, and data submitted by
the board to the department of health, other than a report prepared
pursuant to section 307.656 of the Revised Code;

(rr)
Records, documents, and information the release of which is
prohibited under sections 2930.04 and 2930.07 of the Revised Code;

(ss)
Records of an existing qualified nonprofit corporation that creates a
special improvement district under Chapter 1710. of the Revised Code
that do not pertain to a purpose for which the district is created;

(tt)
Educational support services data, as defined in section 3319.325 of
the Revised Code;

(uu)
Records of the past, current, and future work schedule of a
designated public service worker. As used in division (A)(1)(uu) of
this section, "work schedule" does not include the docket
of cases of a court, judge, or magistrate;

(vv)
A request form or confirmation letter submitted to a public office
under section 149.45 of the Revised Code;

(ww)
An affidavit or confirmation letter submitted under section 319.28 of
the Revised Code;

(xx)
License or certificate application or renewal responses and
supporting documentation submitted to the state medical board
regarding an applicant's, or a license or certificate holder's,
inability to practice according to acceptable and prevailing
standards of care by reason of a medical condition
;

(yy)
Images and data captured by an automated license plate recognition
system that are maintained in a law enforcement database;

(zz)
Attorney work product record;

(aaa)
Any entry on the public calendar of an elected official that is for
any date that is after the date the record is requested;

(bbb)
Records pertaining to burial sites under section 149.3010 of the
Revised Code
.

A
record that is not a public record under division (A)(1) of this
section and that, under law, is permanently retained becomes a public
record on the day that is seventy-five years after the day on which
the record was created, or in the case of a record that is not a
public record under division (A)(1)(uu) of this section that is
retained, three years after the day on which the record was created,
except for any record protected by the attorney-client privilege, a
trial preparation record as defined in this section, a statement
prohibiting the release of identifying information signed under
section 3107.083 of the Revised Code, a denial of release form filed
pursuant to section 3107.46 of the Revised Code,

records
pertaining to burial sites under section 149.3010 of the Revised
Code,

or any record that is exempt from release or disclosure under section
149.433 of the Revised Code. If the record is a birth certificate and
a biological parent's name redaction request form has been accepted
under section 3107.391 of the Revised Code, the name of that parent
shall be redacted from the birth certificate before it is released
under this paragraph. If any other section of the Revised Code
establishes a time period for disclosure of a record that conflicts
with the time period specified in this section, the time period in
the other section prevails.

(2)
(2)(a)

"Confidential law enforcement investigatory record" means
any record that pertains to a law enforcement matter of a criminal,
quasi-criminal, civil, or administrative nature, but only to the
extent that the release of the record would create a high probability
of disclosure of any of the following:

(a)
(i)

The identity of a suspect who has not been charged with the offense
to which the record pertains, or of an information source or witness
to whom confidentiality has been reasonably promised;

(b)
(ii)

Information provided by an information source or witness to whom
confidentiality has been reasonably promised, which information would
reasonably tend to disclose the source's or witness's identity;

(c)
(iii)

Specific confidential investigatory techniques or procedures or
specific investigatory work product;

(d)
(iv)

Information that would endanger the life or physical safety of law
enforcement personnel, a crime victim, a witness, or a confidential
information source.

(b)
As used in divisions (A)(2) and (18) of this section, "specific
investigatory work product" means information assembled by law
enforcement officials in connection with a probable or pending
criminal or civil proceeding, with the exception of routine incident
reports. "Specific investigatory work product" is not a
public record prior to the conclusion of all direct appeals, or, if
no appeal is filed, prior to the expiration of the time during which
an appeal may be filed, or, if no trial has occurred, until the
criminal or civil proceeding has ended without possibility of direct
appeal or each agency, office, or official responsible for the matter
has made a decision not to proceed with the matter.

(3)
"Medical record" means any document or combination of
documents, except births, deaths, and the fact of admission to or
discharge from a hospital, that pertains to the medical history,
diagnosis, prognosis, or medical condition of a patient and that is
generated and maintained in the process of medical treatment.

(4)
"Trial preparation record" means any record
created
by or for another party or by or for that party's representative, in
reasonable anticipation of, or in defense of, a civil or criminal
action or proceeding, that is not a confidential law enforcement
investigatory record or attorney work product record and
that
contains
factual

information
that is specifically compiled
in
reasonable anticipation of, or in defense of, a
for
that
civil
or criminal action or proceeding
,
.

including
the independent thought processes and personal trial preparation of
an attorney.

(5)
"Intellectual property record" means a record, other than a
financial or administrative record, that is produced or collected by
or for faculty or staff of a state institution of higher learning in
the conduct of or as a result of study or research on an educational,
commercial, scientific, artistic, technical, or scholarly issue,
regardless of whether the study or research was sponsored by the
institution alone or in conjunction with a governmental body or
private concern, and that has not been publicly released, published,
or patented.

(6)
"Donor profile record" means all records about donors or
potential donors to a public institution of higher education except
the names and reported addresses of the actual donors and the date,
amount, and conditions of the actual donation.

(7)
"Designated public service worker" means a peace officer,
parole officer, probation officer, bailiff, prosecuting attorney,
assistant prosecuting attorney, correctional employee, county or
multicounty corrections officer, community-based correctional
facility employee, designated Ohio national guard member, protective
services worker, youth services employee, firefighter, EMT, medical
director or member of a cooperating physician advisory board of an
emergency medical service organization, state board of pharmacy
employee, investigator of the bureau of criminal identification and
investigation, emergency service telecommunicator, forensic mental
health provider, mental health evaluation provider, regional
psychiatric hospital employee, judge, magistrate, or federal law
enforcement officer.

(8)
"Designated public service worker residential and familial
information" means any information that discloses any of the
following about a designated public service worker:

(a)
The address of the actual personal residence of a designated public
service worker, except for the following information:

(i)
The address of the actual personal residence of a prosecuting
attorney or judge; and

(ii)
The state or political subdivision in which a designated public
service worker resides.

(b)
Information compiled from referral to or participation in an employee
assistance program;

(c)
The social security number, the residential telephone number, any
bank account, debit card, charge card, or credit card number, or the
emergency telephone number of, or any medical information pertaining
to, a designated public service worker;

(d)
The name of any beneficiary of employment benefits, including, but
not limited to, life insurance benefits, provided to a designated
public service worker by the designated public service worker's
employer;

(e)
The identity and amount of any charitable or employment benefit
deduction made by the designated public service worker's employer
from the designated public service worker's compensation, unless the
amount of the deduction is required by state or federal law;

(f)
The name, the residential address, the name of the employer, the
address of the employer, the social security number, the residential
telephone number, any bank account, debit card, charge card, or
credit card number, or the emergency telephone number of the spouse,
a former spouse, or any child of a designated public service worker;

(g)
A photograph of a peace officer who holds a position or has an
assignment that may include undercover or plain clothes positions or
assignments as determined by the peace officer's appointing
authority.

(9)
As used in divisions (A)(7) and (15) to (17) of this section:

"Peace
officer" has the meaning defined in section 109.71 of the
Revised Code and also includes the superintendent and troopers of the
state highway patrol; it does not include the sheriff of a county or
a supervisory employee who, in the absence of the sheriff, is
authorized to stand in for, exercise the authority of, and perform
the duties of the sheriff.

"Correctional
employee" means any employee of the department of rehabilitation
and correction who in the course of performing the employee's job
duties has or has had contact with inmates and persons under
supervision.

"County
or multicounty corrections officer" means any corrections
officer employed by any county or multicounty correctional facility.

"Designated
Ohio national guard member" means a member of the Ohio national
guard who is participating in duties related to remotely piloted
aircraft, including, but not limited to, pilots, sensor operators,
and mission intelligence personnel, duties related to special forces
operations, or duties related to cybersecurity, and is designated by
the adjutant general as a designated public service worker for those
purposes.

"Protective
services worker" means any employee of a county agency who is
responsible for child protective services, child support services, or
adult protective services.

"Youth
services employee" means any employee of the department of youth
services who in the course of performing the employee's job duties
has or has had contact with children committed to the custody of the
department of youth services.

"Firefighter"
means any regular, paid or volunteer, member of a lawfully
constituted fire department of a municipal corporation, township,
fire district, or village.

"EMT"
means EMTs-basic, EMTs-I, and paramedics that provide emergency
medical services for a public emergency medical service organization.
"Emergency medical service organization," "EMT-basic,"
"EMT-I," and "paramedic" have the meanings
defined in section 4765.01 of the Revised Code.

"Investigator
of the bureau of criminal identification and investigation" has
the meaning defined in section 2903.11 of the Revised Code.

"Emergency
service telecommunicator" means an individual employed by an
emergency service provider as defined under section 128.01 of the
Revised Code, whose primary responsibility is to be an operator for
the receipt or processing of calls for emergency services made by
telephone, radio, or other electronic means.

"Forensic
mental health provider" means any employee of a community mental
health service provider or local alcohol, drug addiction, and mental
health services board who, in the course of the employee's duties,
has contact with persons committed to a local alcohol, drug
addiction, and mental health services board by a court order pursuant
to section 2945.38, 2945.39, 2945.40, or 2945.402 of the Revised
Code.

"Mental
health evaluation provider" means an individual who, under
Chapter 5122. of the Revised Code, examines a respondent who is
alleged to be a mentally ill person subject to court order, as
defined in section 5122.01 of the Revised Code, and reports to the
probate court the respondent's mental condition.

"Regional
psychiatric hospital employee" means any employee of the
department of mental health and addiction services who, in the course
of performing the employee's duties, has contact with patients
committed to the department of mental health and addiction services
by a court order pursuant to section 2945.38, 2945.39, 2945.40, or
2945.402 of the Revised Code.

"Federal
law enforcement officer" has the meaning defined in section 9.88
of the Revised Code.

(10)
"Information pertaining to the recreational activities of a
person under the age of eighteen" means information that is kept
in the ordinary course of business by a public office, that pertains
to the recreational activities of a person under the age of eighteen
years, and that discloses any of the following:

(a)
The address or telephone number of a person under the age of eighteen
or the address or telephone number of that person's parent, guardian,
custodian, or emergency contact person;

(b)
The social security number, birth date, or photographic image of a
person under the age of eighteen;

(c)
Any medical record, history, or information pertaining to a person
under the age of eighteen;

(d)
Any additional information sought or required about a person under
the age of eighteen for the purpose of allowing that person to
participate in any recreational activity conducted or sponsored by a
public office or to use or obtain admission privileges to any
recreational facility owned or operated by a public office.

(11)
"Community control sanction" has the meaning defined in
section 2929.01 of the Revised Code.

(12)
"Post-release control sanction" has the meaning defined in
section 2967.01 of the Revised Code.

(13)
"Redaction" means obscuring or deleting any information
that is exempt from the duty to permit public inspection or copying
from an item that otherwise meets the definition of a "record"
in section 149.011 of the Revised Code.

(14)
"Designee," "elected official," and "future
official" have the meanings defined in section 109.43 of the
Revised Code.

(15)
"Body-worn camera" means a visual and audio recording
device worn on the person of a correctional employee, youth services
employee, or peace officer while the correctional employee, youth
services employee, or peace officer is engaged in the performance of
official duties.

(16)
"Dashboard camera" means a visual and audio recording
device mounted on a peace officer's vehicle or vessel that is used
while the peace officer is engaged in the performance of the peace
officer's duties.

(17)
"Restricted portions of a body-worn camera or dashboard camera
recording" means any visual or audio portion of a body-worn
camera or dashboard camera recording that shows, communicates, or
discloses any of the following:

(a)
The image or identity of a child or information that could lead to
the identification of a child who is a primary subject of the
recording when the department of rehabilitation and correction,
department of youth services, or the law enforcement agency knows or
has reason to know the person is a child based on the department's or
law enforcement agency's records or the content of the recording;

(b)
The death of a person or a deceased person's body, unless the death
was caused by a correctional employee, youth services employee, or
peace officer or, subject to division (H)(1) of this section, the
consent of the decedent's executor or administrator has been
obtained;

(c)
The death of a correctional employee, youth services employee, peace
officer, firefighter, paramedic, or other first responder, occurring
while the decedent was engaged in the performance of official duties,
unless, subject to division (H)(1) of this section, the consent of
the decedent's executor or administrator has been obtained;

(d)
Grievous bodily harm, unless the injury was effected by a
correctional employee, youth services employee, or peace officer or,
subject to division (H)(1) of this section, the consent of the
injured person or the injured person's guardian has been obtained;

(e)
An act of severe violence against a person that results in serious
physical harm to the person, unless the act and injury was effected
by a correctional employee, youth services employee, or peace officer
or, subject to division (H)(1) of this section, the consent of the
injured person or the injured person's guardian has been obtained;

(f)
Grievous bodily harm to a correctional employee, youth services
employee, peace officer, firefighter, paramedic, or other first
responder, occurring while the injured person was engaged in the
performance of official duties, unless, subject to division (H)(1) of
this section, the consent of the injured person or the injured
person's guardian has been obtained;

(g)
An act of severe violence resulting in serious physical harm against
a correctional employee, youth services employee, peace officer,
firefighter, paramedic, or other first responder, occurring while the
injured person was engaged in the performance of official duties,
unless, subject to division (H)(1) of this section, the consent of
the injured person or the injured person's guardian has been
obtained;

(h)
A person's nude body, unless, subject to division (H)(1) of this
section, the person's consent has been obtained;

(i)
Protected health information, the identity of a person in a health
care facility who is not the subject of a correctional, youth
services, or law enforcement encounter, or any other information in a
health care facility that could identify a person who is not the
subject of a correctional, youth services, or law enforcement
encounter;

(j)
Information that could identify the alleged victim of a sex offense,
menacing by stalking, or domestic violence;

(k)
Information, that does not constitute a confidential law enforcement
investigatory record, that could identify a person who provides
sensitive or confidential information to the department of
rehabilitation and correction, the department of youth services, or a
law enforcement agency when the disclosure of the person's identity
or the information provided could reasonably be expected to threaten
or endanger the safety or property of the person or another person;

(l)
Personal information of a person who is not arrested, cited, charged,
or issued a written warning by a peace officer;

(m)
Proprietary correctional, youth services, or police contingency plans
or tactics that are intended to prevent crime and maintain public
order and safety;

(n)
A personal conversation unrelated to work between correctional
employees, youth services employees, or peace officers or between a
correctional employee, youth services employee, or peace officer and
an employee of a law enforcement agency;

(o)
A conversation between a correctional employee, youth services
employee, or peace officer and a member of the public that does not
concern correctional, youth services, or law enforcement activities;

(p)
The interior of a residence, unless the interior of a residence is
the location of an adversarial encounter with, or a use of force by,
a correctional employee, youth services employee, or peace officer;

(q)
Any portion of the interior of a private business that is not open to
the public, unless an adversarial encounter with, or a use of force
by, a correctional employee, youth services employee, or peace
officer occurs in that location.

As
used in division (A)(17) of this section:

"Grievous
bodily harm" has the same meaning as in section 5924.120 of the
Revised Code.

"Health
care facility" has the same meaning as in section 1337.11 of the
Revised Code.

"Protected
health information" has the same meaning as in 45 C.F.R.
160.103.

"Law
enforcement agency" means a government entity that employs peace
officers to perform law enforcement duties.

"Personal
information" means any government-issued identification number,
date of birth, address, financial information, or criminal justice
information from the law enforcement automated data system or similar
databases.

"Sex
offense" has the same meaning as in section 2907.10 of the
Revised Code.

"Firefighter,"
"paramedic," and "first responder" have the same
meanings as in section 4765.01 of the Revised Code.

(18)
"Attorney work product record" means a record that is not
specific investigatory work product or a trial preparation record and
that is created by an attorney, or by the agent of an attorney, in
reasonable anticipation of or for litigation, trial, or
administrative proceedings, when acting in an official capacity on
behalf of the state, a political subdivision of the state, a state
agency, a public official, or a public employee, that documents the
independent thought processes, mental impressions, legal theories,
strategies, analysis, or reasoning of an attorney or the agent of an
attorney.

(19)
"Elected official" means a person who is elected or
appointed to an elective office of the state or a political
subdivision.

(20)
"Public calendar" means a calendar or appointment book
maintained by an elected official to schedule the elected official's
activities in relation to the elected official's position as an
elected official. "Public calendar" does not include a
personal calendar or appointment book maintained solely for an
elected official's personal convenience that does not serve to
document the elected official's official activities or functions or
the official activities or functions of the elected official's public
office.

(B)(1)
Upon request by any person and subject to division (B)(8) of this
section, all public records responsive to the request shall be
promptly prepared and made available for inspection to the requester
at all reasonable times during regular business hours. Subject to
division (B)(8) of this section, upon request by any person, a public
office or person responsible for public records shall make copies of
the requested public record available to the requester at cost and
within a reasonable period of time.

When
considering whether a state or local law enforcement agency
or
a prosecuting attorney's office
promptly
prepared a video record for inspection or
provided

produced
a copy of
a
video record
for
production
within
a reasonable period of time, in addition to any other factors, a
court shall consider the time required for a state or local law
enforcement agency
or
a prosecuting attorney's office
to
retrieve, download, review, redact, seek legal advice regarding, and
produce the video record.
Notwithstanding

Except
as specified in division (B)(11) of this section, notwithstanding
any
other requirement set forth in Chapter 149. of the Revised Code, a
state or local law enforcement agency
or
a prosecuting attorney's office
may
charge a requester the actual cost associated with preparing a video
record for inspection or production, not to exceed seventy-five
dollars per hour of video produced, nor seven hundred fifty dollars
total. As used in this division, "actual cost," with
respect to video records only, means all costs incurred by the state
or local law enforcement agency
or
a prosecuting attorney's office
in
reviewing, blurring or otherwise obscuring, redacting, uploading, or
producing the video records, including but not limited to the storage
medium on which the record is produced, staff time, and any other
relevant overhead necessary to comply with the request. A state or
local law enforcement agency
or
a prosecuting attorney's office
may
include in its public records policy the requirement that a requester
pay the estimated actual cost before beginning the process of
preparing a video record for inspection or production. Where a state
or local law enforcement agency
or
a prosecuting attorney's office
imposes
such a requirement, its obligation to produce a video or make it
available for inspection begins once the estimated actual cost is
paid in full by the requester. A state or local law enforcement
agency
or
a prosecuting attorney's office
shall
provide the requester with the estimated actual cost within five
business days of receipt of the public records request. If the actual
cost exceeds the estimated actual cost, a state or local law
enforcement agency

or
a prosecuting attorney's office

may charge a requester for the difference upon fulfilling a request
for video records if the requester is notified in advance that the
actual cost may be up to twenty per cent higher than the estimated
actual cost. A state or local law enforcement agency
or
a prosecuting attorney's office
shall
not charge a requester a difference that exceeds twenty per cent of
the estimated actual cost.

If
a public record contains information that is exempt from the duty to
permit public inspection or to copy the public record, the public
office or the person responsible for the public record shall make
available all of the information within the public record that is not
exempt. When making that public record available for public
inspection or copying that public record, the public office or the
person responsible for the public record shall notify the requester
of any redaction or make the redaction plainly visible. A redaction
shall be deemed a denial of a request to inspect or copy the redacted
information, except if federal or state law authorizes or requires a
public office to make the redaction. When the auditor of state
receives a request to inspect or to make a copy of a record that was
provided to the auditor of state for purposes of an audit, but the
original public office has asserted to the auditor of state that the
record is not a public record, the auditor of state may handle the
requests by directing the requestor to the original public office
that provided the record to the auditor of state.

(2)
To facilitate broader access to public records, a public office or
the person responsible for public records shall organize and maintain
public records in a manner that they can be made available for
inspection or copying in accordance with division (B) of this
section. A public office also shall have available a copy of its
current records retention schedule at a location readily available to
the public. If a requester makes an ambiguous or overly broad request
or has difficulty in making a request for copies or inspection of
public records under this section such that the public office or the
person responsible for the requested public record cannot reasonably
identify what public records are being requested, the public office
or the person responsible for the requested public record may deny
the request but shall provide the requester with an opportunity to
revise the request by informing the requester of the manner in which
records are maintained by the public office and accessed in the
ordinary course of the public office's or person's duties.

(3)
If a request is ultimately denied, in part or in whole, the public
office or the person responsible for the requested public record
shall provide the requester with an explanation, including legal
authority, setting forth why the request was denied. If the initial
request was provided in writing, the explanation also shall be
provided to the requester in writing. The explanation shall not
preclude the public office or the person responsible for the
requested public record from relying upon additional reasons or legal
authority in defending an action commenced under division (C) of this
section.

(4)
Unless specifically required or authorized by state or federal law or
in accordance with division (B) of this section, no public office or
person responsible for public records may limit or condition the
availability of public records by requiring disclosure of the
requester's identity or the intended use of the requested public
record. Any requirement that the requester disclose the requester's
identity or the intended use of the requested public record
constitutes a denial of the request.

(5)
A public office or person responsible for public records may ask a
requester to make the request in writing, may ask for the requester's
identity, and may inquire about the intended use of the information
requested, but may do so only after disclosing to the requester that
a written request is not mandatory, that the requester may decline to
reveal the requester's identity or the intended use, and when a
written request or disclosure of the identity or intended use would
benefit the requester by enhancing the ability of the public office
or person responsible for public records to identify, locate, or
deliver the public records sought by the requester.

(6)
If any person requests a copy of a public record in accordance with
division (B) of this section, the public office or person responsible
for the public record may require the requester to pay in advance the
cost involved in providing the copy of the public record in
accordance with the choice made by the requester under this division.
The public office or the person responsible for the public record
shall permit the requester to choose to have the public record
duplicated upon paper, upon the same medium upon which the public
office or person responsible for the public record keeps it, or upon
any other medium upon which the public office or person responsible
for the public record determines that it reasonably can be duplicated
as an integral part of the normal operations of the public office or
person responsible for the public record. When the requester makes a
choice under this division, the public office or person responsible
for the public record shall provide a copy of it in accordance with
the choice made by the requester. Nothing in this section requires a
public office or person responsible for the public record to allow
the requester of a copy of the public record to make the copies of
the public record.

(7)(a)
Upon a request made in accordance with division (B) of this section
and subject to division (B)(6) of this section, a public office or
person responsible for public records shall transmit a copy of a
public record to any person by United States mail or by any other
means of delivery or transmission within a reasonable period of time
after receiving the request for the copy. The public office or person
responsible for the public record may require the person making the
request to pay in advance the cost of postage if the copy is
transmitted by United States mail or the cost of delivery if the copy
is transmitted other than by United States mail, and to pay in
advance the costs incurred for other supplies used in the mailing,
delivery, or transmission.

(b)
Any public office may adopt a policy and procedures that it will
follow in transmitting, within a reasonable period of time after
receiving a request, copies of public records by United States mail
or by any other means of delivery or transmission pursuant to
division (B)(7) of this section. A public office that adopts a policy
and procedures under division (B)(7) of this section shall comply
with them in performing its duties under that division.

(c)
In any policy and procedures adopted under division (B)(7) of this
section:

(i)
A public office may limit the number of records requested by a person
that the office will physically deliver by United States mail or by
another delivery service to ten per month, unless the person
certifies to the office in writing that the person does not intend to
use or forward the requested records, or the information contained in
them, for commercial purposes;

(ii)
A public office that chooses to provide some or all of its public
records on a web site that is fully accessible to and searchable by
members of the public at all times, other than during acts of God
outside the public office's control or maintenance, and that charges
no fee to search, access, download, or otherwise receive records
provided on the web site, may limit to ten per month the number of
records requested by a person that the office will deliver in a
digital format, unless the requested records are not provided on the
web site and unless the person certifies to the office in writing
that the person does not intend to use or forward the requested
records, or the information contained in them, for commercial
purposes.

(iii)
For purposes of division (B)(7) of this section, "commercial"
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist citizen
oversight or understanding of the operation or activities of
government, or nonprofit educational research.

(8)
A public office or person responsible for public records is not
required to permit a person who is incarcerated pursuant to a
criminal conviction or a juvenile adjudication to inspect or to
obtain a copy of any public record concerning a criminal
investigation or prosecution or concerning what would be a criminal
investigation or prosecution if the subject of the investigation or
prosecution were an adult, unless the request to inspect or to obtain
a copy of the record is for the purpose of acquiring information that
is subject to release as a public record under this section and the
judge who imposed the sentence or made the adjudication with respect
to the person, or the judge's successor in office, finds that the
information sought in the public record is necessary to support what
appears to be a justiciable claim of the person. As used in this
division, "public record concerning a criminal investigation or
prosecution or concerning what would be a criminal investigation or
prosecution if the subject of the investigation were an adult"
includes, but is not limited to, personnel files and payroll and
attendance records of designated public service workers.

(9)(a)
Upon written request made and signed by a journalist, a public
office, or person responsible for public records, having custody of
the records of the agency employing a specified designated public
service worker shall disclose to the journalist the address of the
actual personal residence of the designated public service worker
and, if the designated public service worker's spouse, former spouse,
or child is employed by a public office, the name and address of the
employer of the designated public service worker's spouse, former
spouse, or child, and any past, current, and future work schedules of
the designated public service worker. The request shall include the
journalist's name and title and the name and address of the
journalist's employer and shall state that disclosure of the
information sought would be in the public interest.

(b)
Division (B)(9)(a) of this section also applies to journalist
requests for:

(i)
Customer information maintained by a municipally owned or operated
public utility, other than social security numbers and any private
financial information such as credit reports, payment methods, credit
card numbers, and bank account information;

(ii)
Information about minors involved in a school vehicle accident as
provided in division (A)(1)(gg) of this section, other than personal
information as defined in section 149.45 of the Revised Code;

(iii)
A request form submitted to a public office under section 149.45 of
the Revised Code;

(iv)
An affidavit submitted under section 319.28 of the Revised Code.

(c)
As used in division (B)(9) of this section, "journalist"
means a person engaged in, connected with, or employed by any news
medium, including a newspaper, magazine, press association, news
agency, or wire service, a radio or television station, or a similar
medium, for the purpose of gathering, processing, transmitting,
compiling, editing, or disseminating information for the general
public.

(10)
Upon a request made by a victim, victim's attorney, or victim's
representative, as that term is used in section 2930.02 of the
Revised Code, a public office or person responsible for public
records shall transmit a copy of a depiction of the victim as
described in division (A)(1)(ii) of this section to the victim,
victim's attorney, or victim's representative.

(11)
A state or local law enforcement agency or a prosecuting attorney's
office shall not charge a fee for preparing a video record for
inspection, or producing a copy of a video record, when the requester
of the video record is a victim, as defined in Ohio Constitution,
Article I, Section 10a, or who is a victim who suffered loss and
could seek remedy through a tort action as defined by section
2307.011 of the Revised Code, who reasonably asserts that the video
recording relates to the act or omission that caused the victim's
harm or loss, or who is the legal counsel or insurer of the victim. A
fee under this section may only be waived upon the receipt of an
affidavit by the victim or the victim's legal counsel identifying
that the use of the video is to investigate harm or damages that may
have been captured on the video.

As
used in this division, "legal counsel of the victim" means
an attorney who, at the time of making the request, produces to the
state or local law enforcement agency or a prosecuting attorney's
office a signed retention agreement or letter of representation that
establishes that the attorney is representing the victim.

(C)(1)
If a person allegedly is aggrieved by the failure of a public office
or the person responsible for public records to promptly prepare a
public record and to make it available to the person for inspection
in accordance with division (B) of this section or by any other
failure of a public office or the person responsible for public
records to comply with an obligation in accordance with division (B)
of this section, the person allegedly aggrieved may serve pursuant to
Rule 4 of the Ohio Rules of Civil Procedure a complaint, on a form
prescribed by the clerk of the court of claims, to the public office
or person responsible for public records allegedly responsible for
the alleged failure. Upon receipt of the complaint of the person
allegedly aggrieved, the public office or person responsible for
public records has three business days to cure or otherwise address
the failure alleged in the complaint. The person allegedly aggrieved
shall not file a complaint with a court or commence a mandamus action
under this section within the three-day period. Upon the expiration
of the three-day period, the person allegedly aggrieved may, subject
to the requirements of division (C)(2) of this section, do only one
of the following, and not both:

(a)
File a complaint with the clerk of the court of claims or the clerk
of the court of common pleas under section 2743.75 of the Revised
Code;

(b)
Commence a mandamus action to obtain a judgment that orders the
public office or the person responsible for the public record to
comply with division (B) of this section, that awards court costs and
reasonable attorney's fees to the person that instituted the mandamus
action, and, if applicable, that includes an order fixing statutory
damages under division (C)(3) of this section. The mandamus action
may be commenced in the court of common pleas of the county in which
division (B) of this section allegedly was not complied with, in the
supreme court pursuant to its original jurisdiction under Section 2
of Article IV, Ohio Constitution, or in the court of appeals for the
appellate district in which division (B) of this section allegedly
was not complied with pursuant to its original jurisdiction under
Section 3 of Article IV, Ohio Constitution.

(2)
Upon filing a complaint or mandamus action with a court under
divisions (C)(1)(a) or (b) of this section, a person allegedly
aggrieved shall file with the court, in conjunction with the person's
complaint or petition, a written affirmation stating that the person
properly transmitted a complaint to the public office or person
responsible for public records, the failure alleged in the complaint
has not been cured or otherwise resolved to the person's
satisfaction, and that the complaint was transmitted to the public
office or person responsible for public records at least three
business days before the filing of the suit. If the person fails to
file an affirmation pursuant to this division, the suit shall be
dismissed.

(3)
If a requester transmits a written request by hand delivery,
electronic submission, or certified mail to inspect or receive copies
of any public record in a manner that fairly describes the public
record or class of public records to the public office or person
responsible for the requested public records, except as otherwise
provided in this section, the requester shall be entitled to recover
the amount of statutory damages set forth in this division if a court
determines that the public office or the person responsible for
public records failed to comply with an obligation in accordance with
division (B) of this section. Statutory damages are not available
pursuant to this section to a person committed to the custody of the
department of rehabilitation and correction or the United States
bureau of prisons, or a child committed to the department of youth
services as permitted in Chapter 2152. of the Revised Code.

The
amount of statutory damages shall be fixed at one hundred dollars for
each business day during which the public office or person
responsible for the requested public records failed to comply with an
obligation in accordance with division (B) of this section, beginning
with the day on which the requester files a mandamus action to
recover statutory damages, up to a maximum of one thousand dollars.
The award of statutory damages shall not be construed as a penalty,
but as compensation for injury arising from lost use of the requested
information. The existence of this injury shall be conclusively
presumed. The award of statutory damages shall be in addition to all
other remedies authorized by this section.

The
court may reduce an award of statutory damages or not award statutory
damages if the court determines both of the following:

(a)
That, based on the ordinary application of statutory law and case law
as it existed at the time of the conduct or threatened conduct of the
public office or person responsible for the requested public records
that allegedly constitutes a failure to comply with an obligation in
accordance with division (B) of this section and that was the basis
of the mandamus action, a well-informed public office or person
responsible for the requested public records reasonably would believe
that the conduct or threatened conduct of the public office or person
responsible for the requested public records did not constitute a
failure to comply with an obligation in accordance with division (B)
of this section;

(b)
That a well-informed public office or person responsible for the
requested public records reasonably would believe that the conduct or
threatened conduct of the public office or person responsible for the
requested public records would serve the public policy that underlies
the authority that is asserted as permitting that conduct or
threatened conduct.

(4)
In a mandamus action filed under division (C)(1) of this section, the
following apply:

(a)(i)
If the court orders the public office or the person responsible for
the public record to comply with division (B) of this section, the
court shall determine and award to the relator all court costs, which
shall be construed as remedial and not punitive.

(ii)
If the court makes a determination described in division
(C)(4)(b)(iii) of this section, the court shall determine and award
to the relator all court costs, which shall be construed as remedial
and not punitive.

(b)
If the court renders a judgment that orders the public office or the
person responsible for the public record to comply with division (B)
of this section or if the court determines any of the following, the
court may award reasonable attorney's fees to the relator, subject to
division (C)(5) of this section:

(i)
The public office or the person responsible for the public records
failed to respond affirmatively or negatively to the public records
request in accordance with the time allowed under division (B) of
this section.

(ii)
The public office or the person responsible for the public records
promised to permit the relator to inspect or receive copies of the
public records requested within a specified period of time but failed
to fulfill that promise within that specified period of time.

(iii)
The public office or the person responsible for the public records
acted in bad faith when the office or person voluntarily made the
public records available to the relator for the first time after the
relator commenced the mandamus action, but before the court issued
any order concluding whether or not the public office or person was
required to comply with division (B) of this section. No discovery
may be conducted on the issue of the alleged bad faith of the public
office or person responsible for the public records. This division
shall not be construed as creating a presumption that the public
office or the person responsible for the public records acted in bad
faith when the office or person voluntarily made the public records
available to the relator for the first time after the relator
commenced the mandamus action, but before the court issued any order
described in this division.

(c)
The court shall not award attorney's fees to the relator if the court
determines both of the following:

(i)
That, based on the ordinary application of statutory law and case law
as it existed at the time of the conduct or threatened conduct of the
public office or person responsible for the requested public records
that allegedly constitutes a failure to comply with an obligation in
accordance with division (B) of this section and that was the basis
of the mandamus action, a well-informed public office or person
responsible for the requested public records reasonably would believe
that the conduct or threatened conduct of the public office or person
responsible for the requested public records did not constitute a
failure to comply with an obligation in accordance with division (B)
of this section;

(ii)
That a well-informed public office or person responsible for the
requested public records reasonably would believe that the conduct or
threatened conduct of the public office or person responsible for the
requested public records would serve the public policy that underlies
the authority that is asserted as permitting that conduct or
threatened conduct.

(5)
All of the following apply to any award of reasonable attorney's fees
awarded under division (C)(4)(b) of this section:

(a)
The fees shall be construed as remedial and not punitive.

(b)
The fees awarded shall not exceed the total of the reasonable
attorney's fees incurred before the public record was made available
to the relator and the fees described in division (C)(5)(c) of this
section.

(c)
Reasonable attorney's fees shall include reasonable fees incurred to
produce proof of the reasonableness and amount of the fees and to
otherwise litigate entitlement to the fees.

(d)
The court may reduce the amount of fees awarded if the court
determines that, given the factual circumstances involved with the
specific public records request, an alternative means should have
been pursued to more effectively and efficiently resolve the dispute
that was subject to the mandamus action filed under division (C)(1)
of this section.

(6)
If the court does not issue a writ of mandamus under division (C) of
this section and the court determines at that time that the bringing
of the mandamus action was frivolous conduct as defined in division
(A) of section 2323.51 of the Revised Code, the court may award to
the public office all court costs, expenses, and reasonable
attorney's fees, as determined by the court.

(D)
Chapter 1347. of the Revised Code does not limit the provisions of
this section.

(E)(1)
To ensure that all employees of public offices are appropriately
educated about a public office's obligations under division (B) of
this section, all elected officials or their appropriate designees
shall attend training approved by the attorney general as provided in
section 109.43 of the Revised Code. A future official may satisfy the
requirements of this division by attending the training before taking
office, provided that the future official may not send a designee in
the future official's place.

(2)
All public offices shall adopt a public records policy in compliance
with this section for responding to public records requests. In
adopting a public records policy under this division, a public office
may obtain guidance from the model public records policy developed
and provided to the public office by the attorney general under
section 109.43 of the Revised Code. Except as otherwise provided in
this section, the policy may not limit the number of public records
that the public office will make available to a single person, may
not limit the number of public records that it will make available
during a fixed period of time, and may not establish a fixed period
of time before it will respond to a request for inspection or copying
of public records, unless that period is less than eight hours.

The
public office shall distribute the public records policy adopted by
the public office under this division to the employee of the public
office who is the records custodian or records manager or otherwise
has custody of the records of that office. The public office shall
require that employee to acknowledge receipt of the copy of the
public records policy. The public office shall create a poster that
describes its public records policy and shall post the poster in a
conspicuous place in the public office and in all locations where the
public office has branch offices. The public office may post its
public records policy on the internet web site of the public office
if the public office maintains an internet web site. A public office
that has established a manual or handbook of its general policies and
procedures for all employees of the public office shall include the
public records policy of the public office in the manual or handbook.

(F)(1)
The bureau of motor vehicles may adopt rules pursuant to Chapter 119.
of the Revised Code to reasonably limit the number of bulk commercial
special extraction requests made by a person for the same records or
for updated records during a calendar year. The rules may include
provisions for charges to be made for bulk commercial special
extraction requests for the actual cost of the bureau, plus special
extraction costs, plus ten per cent. The bureau may charge for
expenses for redacting information, the release of which is
prohibited by law.

(2)
As used in division (F)(1) of this section:

(a)
"Actual cost" means the cost of depleted supplies, records
storage media costs, actual mailing and alternative delivery costs,
or other transmitting costs, and any direct equipment operating and
maintenance costs, including actual costs paid to private contractors
for copying services.

(b)
"Bulk commercial special extraction request" means a
request for copies of a record for information in a format other than
the format already available, or information that cannot be extracted
without examination of all items in a records series, class of
records, or database by a person who intends to use or forward the
copies for surveys, marketing, solicitation, or resale for commercial
purposes. "Bulk commercial special extraction request" does
not include a request by a person who gives assurance to the bureau
that the person making the request does not intend to use or forward
the requested copies for surveys, marketing, solicitation, or resale
for commercial purposes.

(c)
"Commercial" means profit-seeking production, buying, or
selling of any good, service, or other product.

(d)
"Special extraction costs" means the cost of the time spent
by the lowest paid employee competent to perform the task, the actual
amount paid to outside private contractors employed by the bureau, or
the actual cost incurred to create computer programs to make the
special extraction. "Special extraction costs" include any
charges paid to a public agency for computer or records services.

(3)
For purposes of divisions (F)(1) and (2) of this section, "surveys,
marketing, solicitation, or resale for commercial purposes"
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist citizen
oversight or understanding of the operation or activities of
government, or nonprofit educational research.

(G)
A request by a defendant, counsel of a defendant, or any agent of a
defendant in a criminal action that public records related to that
action be made available under this section shall be considered a
demand for discovery pursuant to the Criminal Rules, except to the
extent that the Criminal Rules plainly indicate a contrary intent.
The defendant, counsel of the defendant, or agent of the defendant
making a request under this division shall serve a copy of the
request on the prosecuting attorney, director of law, or other chief
legal officer responsible for prosecuting the action.

(H)(1)
Any portion of a body-worn camera or dashboard camera recording
described in divisions (A)(17)(b) to (h) of this section may be
released by consent of the subject of the recording or a
representative of that person, as specified in those divisions, only
if either of the following applies:

(a)
The recording will not be used in connection with any probable or
pending criminal proceedings;

(b)
The recording has been used in connection with a criminal proceeding
that was dismissed or for which a judgment has been entered pursuant
to Rule 32 of the Rules of Criminal Procedure, and will not be used
again in connection with any probable or pending criminal
proceedings.

(2)
If a public office denies a request to release a restricted portion
of a body-worn camera or dashboard camera recording, as defined in
division (A)(17) of this section, any person may file a mandamus
action pursuant to this section or a complaint with the clerk of the
court of claims pursuant to section 2743.75 of the Revised Code,
requesting the court to order the release of all or portions of the
recording. If the court considering the request determines that the
filing articulates by clear and convincing evidence that the public
interest in the recording substantially outweighs privacy interests
and other interests asserted to deny release, the court shall order
the public office to release the recording.

Sec.
153.01.
(A)
Whenever any building or structure for the use of the state or any
institution supported in whole or in part by the state or in or upon
the public works of the state that is administered by the Ohio
facilities construction commission or by any other state officer or
state agency authorized by law to administer a project, including an
educational institution listed in section 3345.50 of the Revised
Code, is to be erected or constructed, whenever additions,
alterations, or structural or other improvements are to be made, or
whenever heating, cooling, or ventilating plants or other equipment
is to be installed or material supplied therefor, the estimated cost
of which amounts to two hundred thousand dollars or more, or the
amount determined pursuant to section 153.53 of the Revised Code or
more, each officer, board, or other authority upon which devolves the
duty of constructing, erecting, altering, or installing the same,
referred to in sections 153.01 to 153.60 of the Revised Code as the
public authority, shall cause to be made, by an architect or engineer
whose contract of employment shall be prepared and approved by the
attorney general, the following:

(1)
Full and accurate plans, suitable for the use of mechanics and other
builders in the construction, improvement, addition, alteration, or
installation;

(2)
Details to scale and full-sized, so drawn and represented as to be
easily understood;

(3)
Definite and complete specifications of the work to be performed,
together with directions that will enable a competent mechanic or
other builder to carry them out and afford bidders all needful
information;

(4)
A full and accurate estimate of each item of expense and the
aggregate cost of those items of expense;

(5)
A life-cycle cost analysis;

(6)
Further data as may be required by the Ohio facilities construction
commission.

In
preparing these plans, details, specifications, estimates, analyses,
or other data, the public authority may require the architect or
engineer to use a building information model system, as long as the
system is based on a nationally recognized standard for building
information models. As used in this division, "building
information model" means a digital representation of physical
and functional characteristics of a facility, and electronic files
used to design and coordinate the project, whether it is a single
model or multiple models used in the aggregate.

(B)(1)
Division (A) of this section shall not be required with respect to a
construction management contract entered into with a construction
manager at risk as described in section 9.334 of the Revised Code or
a design-build contract entered into with a design-build firm as
described in section 153.693 of the Revised Code.

(2)
Nothing in this chapter shall interfere with the power of the
director of transportation to prepare plans for, acquire
rights-of-way for, construct, or maintain roads, highways, or
bridges, or to let contracts for those purposes.

Sec.
153.07.
The
notice provided for in section 153.06 of the Revised Code shall be
published
by
electronic means
once
each week for three consecutive weeks in a newspaper of general
circulation, or as provided in section 7.16 of the Revised Code
,

and
may be published in other news media

in the county where the activity for which bids are submitted is to
occur

and
in such other newspapers as ordered by the Ohio facilities
construction commission, the last publication to
.
The notice shall invite interested parties to submit proposals for
consideration and shall
be

published

at
least
eight
fourteen

days preceding the day for opening the bids,
and

in

such
form and with such phraseology
a
manner
as

prescribed
by
the
commission

orders
.
Copies of the plans, details, estimates of cost, and specifications
shall be
available
electronically and
open
to public inspection at all business hours between the day of the
first publication and the day for opening the bids, at the office of
the commission where the bids are received, and such other place as
may be designated in such notice.

Sec.
153.08.
On
the day and at the place named in the notice provided for in section
153.06 of the Revised Code, the owner referred to in section 153.01
of the Revised Code shall open the bids and shall publicly, with the
assistance of the architect or engineer, immediately proceed to
tabulate the bids. For a bid filed electronically, the public bid
opening may be broadcast by electronic means pursuant to rules
established by the Ohio facilities construction commission. A bid
shall be invalid and not considered unless a bid guaranty meeting the
requirements of section 153.54 of the Revised Code and in the form
approved by the commission is filed with such bid. For a bid that is
not filed electronically, the bid and bid guaranty shall be filed in
one sealed envelope. If the bid and bid guaranty are filed
electronically, they must be received electronically before the
deadline published pursuant to section 153.06 of the Revised Code.
For all bids filed electronically, the original, unaltered bid
guaranty shall be made available to the public authority after the
public bid opening, which may be achieved by means of an electronic
verification and security system established under rules adopted by
the Ohio facilities construction commission under Chapter 119. of the
Revised Code. After investigation, which shall be completed within
thirty days, the contract shall be awarded by such owner to the
lowest responsive and responsible bidder in accordance with section
9.312 of the Revised Code.

No
contract shall be entered into until the industrial commission has
certified that the person so awarded the contract has complied with
sections 4123.01 to 4123.94 of the Revised Code, until, if the bidder
so awarded the contract is a foreign corporation, the secretary of
state has certified that such corporation is authorized to do
business in this state, until, if the bidder so awarded the contract
is a person nonresident of this state, such person has filed with the
secretary of state a power of attorney designating the secretary of
state as its agent for the purpose of accepting service of summons in
any action brought under section 153.05 of the Revised Code or under
sections 4123.01 to 4123.94 of the Revised Code, and until the
contract and bond, if any, are submitted to the attorney general and
the attorney general's approval certified thereon.

No
contract shall be entered into unless the bidder possesses a valid
certificate of compliance with affirmative action programs issued
pursuant to section 9.47 of the Revised Code and dated no earlier
than one hundred eighty days prior to the date fixed for the opening
of bids for a particular project.

Sec.
153.09.
If
in the opinion of the owner referred to in section 153.01 of the
Revised Code, the award of a contract to the lowest responsive and
responsible bidder is not in the best interests of the state, the
owner may accept another bid so opened or reject all bids, and
advertise for other bids. Such advertisement shall be for such time,
in such form, and
in

by

such

newspaper

electronic
media
as
the Ohio facilities construction commission directs. All contracts
shall provide that such owner may make any change in work or
materials on the conditions and in the manner provided in sections
153.10 and 153.11 of the Revised Code.

Sec.
153.12.
(A)
With respect to award of any contract for the construction,
reconstruction, improvement, enlargement, alteration, repair,
painting, or decoration of a public improvement made by the state, or
any county, township, municipal corporation, school district, or
other political subdivision, or any public board, commission,
authority, instrumentality, or special purpose district of or in the
state or a political subdivision or that is authorized by state law,
the award, and execution of the contract, shall be made within sixty
days after the date on which the bids are opened. The failure to
award and execute the contract within sixty days invalidates the
entire bid proceedings and all bids submitted, unless the time for
awarding and executing the contract is extended by mutual consent of
the owner or its representatives and the bidder whose bid the owner
accepts and with respect to whom the owner subsequently awards and
executes a contract. The public owners referred to in this section
shall include, in the plans and specifications for the project for
which bids are solicited, the estimate of cost. The bid for which the
award is to be made shall be opened at the time and place named in
the advertisement for bids, unless extended by the owner or its
representative or unless, within seventy-two hours prior to the
published time for the opening of bids, excluding Saturdays, Sundays,
and legal holidays, any modification of the plans or specifications
and estimates of cost for the project for which bids are solicited is
issued and mailed or otherwise furnished to persons who have obtained
plans or specifications for the project, for which the time for
opening of bids shall be extended one week, with no further
advertising of bids required. The contractor, upon request, is
entitled to a notice to proceed with the work by the owner or its
representative upon execution of the contract. No contract to which
this section applies shall be entered into if the price of the
contract, or, if the project involves multiple contracts where the
total price of all contracts for the project, is in excess of ten per
cent, in the case of a contract made by the state or a public board,
commission, authority, or instrumentality of the state, or twenty per
cent, in the case of a contract made by a county, township, municipal
corporation, school district, special purpose district, or other
political subdivision or a public board, commission, authority, or
instrumentality of the political subdivision, above the entire
estimate thereof, nor shall the entire cost of the construction,
reconstruction, repair, painting, decorating, improvement,
alteration, addition, or installation, including changes and
estimates of expenses for architects or engineers, exceed in the
aggregate the amount authorized by law.

The
unit or lump sum price stated in the contract shall be used in
determining the amount to be paid and shall constitute full and final
compensation for all the work.

Partial
payment to the contractor for work performed under the lump sum price
shall be based on a schedule prepared by the contractor and approved
by the architect or engineer who shall apportion the lump sum price
to the major components entering into or forming a part of the work
under the lump sum price.

Partial
payments to the contractor for labor performed under either a unit or
lump sum price contract shall be made at
the

a

rate
of
ninety-two

not
less than ninety-six
per
cent of the estimates prepared by the contractor and approved by the
architect or engineer.
All
labor performed after the job is fifty per cent completed shall be
paid for at the rate of one hundred per cent of the estimates
submitted by the contractor and approved by the architect or
engineer.
No
subcontract shall be paid at a rate lower than the rate being paid to
the contractor by the public authority.

The
amounts and time of payments of any public improvements contract made
by the state or any county, township, municipal corporation, school
district, or other political subdivision, or any public board,
commission, authority, instrumentality, or special purpose district
of or in the state or a political subdivision or that is authorized
by state law, except as provided in section 5525.19 of the Revised
Code, shall be governed by this section and sections 153.13 and
153.14 of the Revised Code. If the time for awarding the contract is
extended by mutual consent, or if the owner or its representative
fails to issue a timely notice to proceed as required by this
section, the owner or its representative shall issue a change order
authorizing delay costs to the contractor, which does not invalidate
the contract. The amount of such a change order to the owner shall be
determined in accordance with the provisions of the contract for
change orders or force accounts or, if no such provision is set forth
in the contract, the cost to the owner shall be the contractor's
actual costs including wages, labor costs other than wages, wage
taxes, materials, equipment costs and rentals, insurance, and
subcontracts attributable to the delay, plus a reasonable sum for
overhead. In the event of a dispute between the owner and the
contractor concerning such change order, procedures shall be
commenced under the applicable terms of the contract, or, if the
contract contains no provision for resolving the dispute, it shall be
resolved pursuant to the procedures for arbitration in Chapter 2711.
of the Revised Code, except as provided in division (B) of this
section. Nothing in this division shall be construed as a limitation
upon the authority of the director of transportation granted in
Chapter 5525. of the Revised Code.

(B)
If a dispute arises between the state and a contractor concerning the
terms of a public improvement contract let by the state or concerning
a breach of the contract, and after administrative remedies provided
for in such contract and any alternative dispute resolution
procedures provided in accordance with guidelines established by the
executive director of the Ohio facilities construction commission are
exhausted, the contractor may bring an action to the court of claims
in accordance with Chapter 2743. of the Revised Code. The state or
the contractor may request the chief justice of the supreme court to
appoint a referee or panel of referees in accordance with division
(C)(3) of section 2743.03 of the Revised Code. As used in this
division, "dispute" means a disagreement between the state
and the contractor concerning a public improvement contract let by
the state.

Sec.
153.13.
At
the time named in the contract for payment to the person with whom it
is made, the owner referred to in section 153.01 or 153.12 of the
Revised Code shall approve a full, accurate, and detailed estimate of
the various kinds of labor performed and material furnished under the
contract, with the amount due for each kind of labor and material and
the materials and amount due in the aggregate, which estimate shall
be based upon actual measurement of such labor and materials, and
shall give the amounts of the preceding estimate, and the amount of
labor performed and materials furnished since the last estimate.
From
the date the contract is fifty per cent complete, as evidenced by
payments in the amount of at least fifty per cent of the contract to
the person with whom the owner has contracted, except in the case of
contracts the total cost of which is less than fifteen thousand
dollars, all funds retained pursuant to sections 153.12 and 153.14 of
the Revised Code for the faithful performance of work shall be
deposited in the escrow account designated in section 153.63 of the
Revised Code.

After
the contract is fifty per cent complete, no further funds shall be
retained.

When the major portion of the project is substantially completed and
occupied, or in use, or otherwise accepted, and there exists no other
reason to withhold retainage, the retained percentages held in
connection with such portion
and
interest thereon accrued
shall
,
within thirty days of substantial completion of, occupation of, use
of, or acceptance of the project,

be
released
from escrow and
paid
to the

primary

contractor, withholding only that amount
reasonably

necessary
to assure

final

completion

of
the project
.

Funds
in the escrow account not heretofore paid, with accumulated interest,
shall be paid to the person with whom the owner has contracted thirty
days from the date of completion or either acceptance or occupancy by
the owner. Such payments shall be in accordance with division (A)(2)
of section 153.63 of the Revised Code.
Any
retained funds withheld after substantial completion of, occupation
of, use of, or acceptance of the project, and pending final
completion of the project, and interest thereon accrued shall be paid
to the primary contractor not later than thirty days after the date
of final completion of the project.
Nothing
in this section shall be construed as a limitation upon the authority
of the director of transportation granted in Chapter 5525. of the
Revised Code.

Sec.
153.14.
For
the construction of those projects, improvements, and public
buildings over which the Ohio facilities construction commission has
general supervision pursuant to section 123.21 of the Revised Code,
the estimates referred to in section 153.13 of the Revised Code shall
be filed with the executive director by the owner referred to in
section 153.01 or 153.12 of the Revised Code. Upon completion of a
project referred to in section 153.13 of the Revised Code or any
divisible part thereof, the maintenance and repair of such project or
divisible part shall be assumed by the owner referred to in section
153.01 or 153.12 of the Revised Code.

In
addition to all other payments on account of work performed, there
shall be allowed by the owner referred to in section 153.01 or 153.12
of the Revised Code and paid to the contractor a sum at the rate of
ninety-two per cent of the invoice costs, not to exceed the bid price
in a unit price contract, of material delivered on the site of the
work, or a railroad station, siding, or other point in the vicinity
of the work, or other approved storage site, provided such materials
have been inspected and found to meet the specifications. The balance
of such invoiced value shall be paid when such material is
incorporated into and becomes a part of such building, construction,
addition, improvement, alteration, or installation. When an estimate
is allowed on account of material delivered on the site of the work
or in the vicinity thereof or under the possession and control of the
contractor but not yet incorporated therein, such material shall
become the property of the owner under the contract, but if such
material is stolen, destroyed, or damaged by casualty before being
used, the contractor shall be required to replace it at the
contractor's own expense.

When
the rate of work and amounts involved are so large that it is
considered advisable by the owner or contractor, estimates and
payments shall be made twice each month.

Payment
on approved estimates filed with the owner or its representative
shall be made within thirty days. Upon the failure of the owner or
its representative to make such payments within thirty days, or upon
an unauthorized withholding of retainage, there shall be allowed to
the contractor, in addition to any other remedies allowed by law,
interest on such moneys not paid within thirty days. Interest on the
unauthorized withholding of retainage shall be in addition to any
interest earned
in
the escrow account set forth
as
described
in
section 153.13 of the Revised Code. The rate of such interest shall
be the average of the prime rate established at the commercial banks
in the city of over one hundred thousand population that is nearest
the construction project. Nothing in this section shall be construed
as a limitation upon the authority of the director of transportation
granted in Chapter 5525. of the Revised Code.

Sec.
153.501.
(A)
A public authority may accept a subcontract awarded by a construction
manager at risk, a design-build firm, or a general contracting firm,
or may reject any such subcontract if the public authority determines
that the bidder is not responsible.

(B)
A public authority may authorize a construction manager at risk or
design-build firm to utilize a design-assist firm on any public
improvement project without transferring any design liability to the
design-assist firm.

(C)
If the construction manager at risk or design-build firm intends and
is permitted by the public authority to self-perform a portion of the
work to be performed, the construction manager at risk or
design-build firm shall submit a sealed bid
to
the public authority
for
the portion of the work prior to accepting and opening any bids for
the same work
,
except when the public authority requests a guaranteed maximum price
proposal due at the time of selection
.

Sec.
153.502.
(A)
Each construction manager at risk and design-build firm shall
establish criteria by which it will prequalify prospective bidders on
subcontracts awarded for work to be performed under the construction
management or design-build contract. The criteria established by a
construction manager at risk or design-build firm shall be subject to
the approval of the public authority involved in the project and
shall be consistent with the rules adopted by the Ohio facilities
construction commission pursuant to section 153.503 of the Revised
Code.

(B)
For each subcontract to be awarded, the construction manager at risk
or design-build firm shall identify at least three prospective
bidders that are prequalified to bid on that subcontract, except that
the construction manager at risk or design-build firm shall identify
fewer than three if the construction manager at risk or design-build
firm establishes to the satisfaction of the public authority that
fewer than three prequalified bidders are available. The public
authority shall verify that each prospective bidder meets the
prequalification criteria and
,
subject to division (E) of this section,

may eliminate any bidder it determines is not qualified.

(C)
Once the prospective bidders are prequalified and found acceptable by
the public authority, the construction manager at risk or
design-build firm shall solicit proposals from each of those bidders.
The solicitation and selection of a subcontractor shall be conducted
under an open book pricing method. As used in this division, "open
book pricing method" has the same meaning as in section 9.33 of
the Revised Code, in the case of a construction manager at risk, and
the same meaning as in section 153.65 of the Revised Code, in the
case of a design-build firm.

(D)
A construction manager at risk or design-build firm shall not be
required to award a subcontract to a low bidder.

(E)
Except as provided in section 307.921 of the Revised Code, no public
authority shall eliminate a bidder as unqualified on the basis that
the bidder has not complied with an affirmative action program or a
diversity, equity, and inclusion program. This division shall not be
construed to affect any set-aside programs for minority business
enterprises or EDGE business enterprises, as defined in sections
122.921 and 122.922 of the Revised Code, respectively.

Sec.
153.54.
(A)
Except with respect to a contract described in section 9.334 or
153.693 of the Revised Code, each person bidding for a contract with
the state or any political subdivision, district, institution, or
other agency thereof, excluding therefrom the department of
transportation, for any public improvement shall file with the bid, a
bid guaranty in the form of
either
any
of the following
:

(1)
A bond in accordance with division (B) of this section for the full
amount of the bid;

(2)
A certified check, cashier's check, or letter of credit pursuant to
Chapter 1305. of the Revised Code, in accordance with division (C) of
this section. Any such letter of credit is revocable only at the
option of the beneficiary state, political subdivision, district,
institution, or agency. The amount of the certified check, cashier's
check, or letter of credit shall be equal to ten per cent of the bid
;

(3)
An electronic verification through an electronic verification and
security system described in section 153.08 of the Revised Code, if
the state or any political subdivision, district, institution, or
other agency thereof accepts bids electronically pursuant to section
153.08 of the Revised Code
.

(B)
A bid guaranty filed pursuant to division (A)(1) of this section
shall be conditioned to:

(1)
Provide that, if the bid is accepted, the bidder, after the awarding
or the recommendation for the award of the contract, whichever the
contracting authority designates, will enter into a proper contract
in accordance with the bid, plans, details, and specifications. If
for any reason, other than as authorized by section 9.31 of the
Revised Code or division (G) of this section, the bidder fails to
enter into the contract, and the contracting authority awards the
contract to the next lowest bidder, the bidder and the surety on the
bidder's bond are liable to the state, political subdivision,
district, institution, or agency for the difference between the bid
and that of the next lowest bidder, or for a penal sum not to exceed
ten per cent of the amount of the bond, whichever is less. If the
state, political subdivision, district, institution, or agency does
not award the contract to the next lowest bidder but resubmits the
project for bidding, the bidder failing to enter into the contract
and the surety on the bidder's bond, except as provided in division
(G) of this section, are liable to the state, political subdivision,
district, institution, or agency for a penal sum not to exceed ten
per cent of the amount of the bid or the costs in connection with the
resubmission of printing new contract documents, required
advertising, and printing and mailing notices to prospective bidders,
whichever is less.

(2)
Indemnify the state, political subdivision, district, institution, or
agency against all damage suffered by failure to perform the contract
according to its provisions and in accordance with the plans,
details, and specifications therefor and to pay all lawful claims of
subcontractors, material suppliers, and laborers for labor performed
or material furnished in carrying forward, performing, or completing
the contract; and agree and assent that this undertaking is for the
benefit of any subcontractor, material supplier, or laborer having a
just claim, as well as for the state, political subdivision,
district, institution, or agency.

(C)(1)
A bid guaranty filed pursuant to division (A)(2) of this section
shall be conditioned to provide that if the bid is accepted, the
bidder, after the awarding or the recommendation for the award of the
contract, whichever the contracting authority designates, will enter
into a proper contract in accordance with the bid, plans, details,
specifications, and bills of material. If for any reason, other than
as authorized by section 9.31 of the Revised Code or division (G) of
this section, the bidder fails to enter into the contract, and the
contracting authority awards the contract to the next lowest bidder,
the bidder is liable to the state, political subdivision, district,
institution, or agency for the difference between the bidder's bid
and that of the next lowest bidder, or for a penal sum not to exceed
ten per cent of the amount of the bid, whichever is less. If the
state, political subdivision, district, institution, or agency does
not award the contract to the next lowest bidder but resubmits the
project for bidding, the bidder failing to enter into the contract,
except as provided in division (G) of this section, is liable to the
state, political subdivision, district, institution, or agency for a
penal sum not to exceed ten per cent of the amount of the bid or the
costs in connection with the resubmission, of printing new contract
documents, required advertising, and printing and mailing notices to
prospective bidders, whichever is less.

If
the bidder enters into the contract, the bidder, at the time the
contract is entered to, shall file a bond for the amount of the
contract to indemnify the state, political subdivision, district,
institution, or agency against all damage suffered by failure to
perform the contract according to its provisions and in accordance
with the plans, details, and specifications and to pay all lawful
claims of subcontractors, material suppliers, and laborers for labor
performed or material furnished in carrying forward, performing, or
completing the contract; and agree and assent that this undertaking
is for the benefit of any subcontractor, material supplier, or
laborer having a just claim, as well as for the state, political
subdivision, district, institution, or agency.

(2)
A construction manager who enters into a contract pursuant to
sections 9.33 to 9.333 of the Revised Code, if required by the public
authority at the time the construction manager enters into the
contract, shall file a letter of credit pursuant to Chapter 1305. of
the Revised Code, bond, certified check, or cashier's check, for the
value of the construction management contract to indemnify the state,
political subdivision, district, institution, or agency against all
damage suffered by the construction manager's failure to perform the
contract according to its provisions, and shall agree and assent that
this undertaking is for the benefit of the state, political
subdivision, district, institution, or agency. A letter of credit
provided by the construction manager is revocable only at the option
of the beneficiary state, political subdivision, district,
institution, or agency.

(D)
Where the state, political subdivision, district, institution, or
agency accepts a bid but the bidder fails or refuses to enter into a
proper contract in accordance with the bid, plans, details, and
specifications within ten days after the awarding of the contract,
the bidder and the surety on any bond, except as provided in division
(G) of this section, are liable for the amount of the difference
between the bidder's bid and that of the next lowest bidder, but not
in excess of the liability specified in division (B)(1) or (C) of
this section. Where the state, political subdivision, district,
institution, or agency then awards the bid to such next lowest bidder
and such next lowest bidder also fails or refuses to enter into a
proper contract in accordance with the bid, plans, details, and
specifications within ten days after the awarding of the contract,
the liability of such next lowest bidder, except as provided in
division (G) of this section, is the amount of the difference between
the bids of such next lowest bidder and the third lowest bidder, but
not in excess of the liability specified in division (B)(1) or (C) of
this section. Liability on account of an award to any lowest bidder
beyond the third lowest bidder shall be determined in like manner.

(E)
Notwithstanding division (C) of this section, where the state,
political subdivision, district, institution, or agency resubmits the
project for bidding, each bidder whose bid was accepted but who
failed or refused to enter into a proper contract, except as provided
in division (G) of this section, is liable for an equal share of a
penal sum in connection with the resubmission, of printing new
contract documents, required advertising, and printing and mailing
notices to prospective bidders, but no bidder's liability shall
exceed the amount of the bidder's bid guaranty.

(F)
All bid guaranties filed pursuant to this section shall be payable to
the state, political subdivision, district, institution, or agency,
be for the benefit of the state, political subdivision, district,
institution, or agency or any person having a right of action
thereon, and be deposited with, and held by, the board, officer, or
agent contracting on behalf of the state, political subdivision,
district, institution, or agency. All bonds filed pursuant to this
section shall be issued by a surety company authorized to do business
in this state as surety approved by the board, officer, or agent
awarding the contract on behalf of the state, political subdivision,
district, institution, or agency.

(G)
A bidder for a contract with the state or any political subdivision,
district, institution, or other agency thereof, excluding therefrom
the Ohio department of transportation, for a public improvement
costing less than one-half million dollars may withdraw the bid from
consideration if the bidder's bid for some other contract with the
state or any political subdivision, district, institution, or other
agency thereof, excluding therefrom the department of transportation,
for the public improvement costing less than one-half million dollars
has already been accepted, if the bidder certifies in good faith that
the total amount of all the bidder's current contracts is less than
one-half million dollars, and if the surety certifies in good faith
that the bidder is unable to perform the subsequent contract because
to do so would exceed the bidder's bonding capacity. If a bid is
withdrawn under authority of this division, the contracting authority
may award the contract to the next lowest bidder or reject all bids
and resubmit the project for bidding, and neither the bidder nor the
surety on the bidder's bond are liable for the difference between the
bidder's bid and that of the next lowest bidder, for a penal sum, or
for the costs of printing new contract documents, required
advertising, and printing and mailing notices to prospective bidders.

(H)
Bid guaranties filed pursuant to division (A) of this section shall
be returned to all unsuccessful bidders immediately after the
contract is executed. The bid guaranty filed pursuant to division
(A)(2) of this section shall be returned to the successful bidder
upon filing of the bond required in division (C) of this section.

(I)
For the purposes of this section and sections 153.56, 153.57, and
153.571 of the Revised Code, "public improvement,"
"subcontractor," "material supplier," "laborer,"
and "materials" have the same meanings as in section
1311.25 of the Revised Code.

Sec.
153.59.
Every
contract for or on behalf of the state, or any township, county, or
municipal corporation of the state, for the construction, alteration,
or repair of any public building or public work in the state shall
contain provisions by which the contractor agrees to both of the
following:

(A)
That, in the hiring of employees for the performance of work under
the contract or any subcontract, no contractor, subcontractor, or any
person acting on a contractor's or subcontractor's behalf, by reason
of race, creed, sex, disability or military status as defined in
section 4112.01 of the Revised Code, or color, shall discriminate
against any citizen of the state in the employment of labor or
workers who is qualified and available to perform the work to which
the employment relates;

(B)
That no contractor, subcontractor, or any person on a contractor's or
subcontractor's behalf, in any manner, shall discriminate against or
intimidate any employee hired for the performance of work under the
contract on account of race, creed, sex, disability or military
status as defined in section 4112.01 of the Revised Code, or color.

The
department of development shall ensure that no capital moneys
appropriated by the general assembly for any purpose shall be
expended unless the project for which those moneys are appropriated
provides for an affirmative action program for the employment and
effective utilization of disadvantaged persons whose disadvantage may
arise from cultural, racial, or ethnic background, or other similar
cause, including, but not limited to, race, religion, sex, disability
or military status as defined in section 4112.01 of the Revised Code,
national origin, or ancestry.

In
awarding contracts for capital improvement projects, the department

of
development
shall
ensure that equal consideration be given to contractors,
subcontractors, or joint venturers who qualify as a minority business
enterprise. As used in this section, "minority business
enterprise" means a business enterprise that is owned or
controlled by one or more socially or economically disadvantaged
persons who are residents of this state. "Socially or
economically disadvantaged persons" means persons, regardless of
marital status, who are members of groups whose disadvantage may
arise from discrimination on the basis of race, religion, sex,
disability or military status as defined in section 4112.01 of the
Revised Code, national origin, ancestry, or other similar cause.

Sec.
153.63.
(A)
Any money which is due from the public owner referred to in section

153.12

1311.28

of
the Revised Code under a contract entered into under this chapter or
entered into under other applicable sections of the Revised Code for
the construction, reconstruction, improvement, enlargement,
alteration, repair, painting, or decoration of a public improvement
shall, on the day it is due, be paid to the contractor or deposited
in an escrow account, whichever is applicable, with one or more banks
or building and loan associations in the state selected by mutual
agreement between the contractor and the public owner. The agreement
shall contain the following provisions:

(1)
The money shall be deposited in a savings account or the escrow agent
shall promptly invest all of the escrowed principal in obligations
selected by the escrow agent, as stipulated in the agreement.

(2)
The escrow agent shall hold the escrowed principal and income until
receipt of notice from the public owner and the contractor, or until
receipt of an arbitration order or an order of the court of claims
specifying the amount of the escrowed principal to be released and
the person to whom it is to be released. Upon receipt of the notice
or order, the agent shall promptly pay such amount of principal and a
proportionate amount of the escrowed income to the person indicated.

(3)
The escrow agent shall be compensated for its services as agreed to
by the public owner and the contractor from the income from the
escrow account.

The
agreement may include other provisions not inconsistent with this
section, including, but not limited to granting authority for the
escrow agent to commingle the escrowed funds with funds held pursuant
to other escrow agreements and limiting the liability of the escrow
agent.

(B)
When the public owner, as defined in division (B) of section 2743.01
of the Revised Code, and the contractor disagree as to the conditions
under which money is to be paid under this section, the parties shall
apply for a decision by arbitration under the procedures of Chapter
2711. of the Revised Code. When an application is made, neither party
shall initiate, and no court shall permit the maintenance of, an
action in court for decision of the same issues sought to be
determined in the arbitration application. The award made by the
arbitrator may include the costs of arbitration. The arbitration
shall be binding on all parties.

(C)
When the public owner, as defined in division (A) of section 2743.01
of the Revised Code, and the contractor disagree as to the conditions
under which money is to be paid under this section the contractor
shall file an action in the court of claims.

(D)
If the money required to be paid or deposited under division (A) of
this section is not paid or deposited, the governmental entity shall
pay to the contractor an amount equal to eight per cent annual
interest compounded daily.

Sec.
153.693.
(A)
(A)(1)

For every design-build contract, the public authority planning to
contract for design-build services, in consultation with the criteria
architect or engineer, shall evaluate the statements of
qualifications submitted by design-build firms specifically regarding
the project, including the design-build firm's proposed architect or
engineer of record.

(2)
For projects valued at less than four million dollars, the public
authority may require the design-build firm to submit a statement
along with a pricing proposal described in division (B)(2)(h) of this
section. The public authority shall provide each design-build firm
who desires to submit both a statement and a proposal a pre-proposal
meeting to explore the proposals further, in which the public
authority shall provide the design-build firm with a description of
the project, including the scope and nature of the proposed services
and potential technical approaches. After and only after the public
authority ranks and selects firms under division (B)(1) of this
section, the public authority shall review the pricing proposals
submitted by selected firms under this division, and proceed under
division (B)(3) of this section, continuing the selection process
from there.

(B)

Following
this evaluation, the public authority shall:

(1)
Select and rank not fewer than three firms which it considers to be
the most qualified to provide the required design-build services,
except that the public authority shall select and rank fewer than
three firms when the public authority determines in writing that
fewer than three qualified firms are available;

(2)
Provide each selected design-build firm with all of the following:

(a)
A description of the project and project delivery;

(b)
The design criteria produced by the criteria architect or engineer
under section 153.692 of the Revised Code;

(c)
A preliminary project schedule;

(d)
A description of any preconstruction services;

(e)
A description of the proposed design services;

(f)
A description of a guaranteed maximum price, including the estimated
level of design on which such guaranteed maximum price is based;

(g)
The form of the design-build services contract;

(h)

A

Except
for projects under division (A)(2) of this section, a
request
for a pricing proposal that shall be divided into a design services
fee and a preconstruction and design-build services fee. The pricing
proposal of each design-build firm shall include at least all of the
following:

(i)
A list of key personnel and consultants for the project;

(ii)
Design concepts adhering to the design criteria produced by the
criteria architect or engineer under section 153.692 of the Revised
Code;

(iii)
The design-build firm's statement of general conditions and estimated
contingency requirements;

(iv)
A preliminary project schedule.

(3)
Evaluate the pricing proposal submitted by each selected firm and, at
its discretion, hold discussions with each firm to further
investigate its pricing proposal, including the scope and nature of
the firm's proposed services and potential technical approaches;

(4)
Rank the selected firms based on the public authority's evaluation of
the value of each firm's pricing proposal, with such evaluation
considering each firm's proposed costs and qualifications;

(5)
Enter into contract negotiations for design-build services with the
design-build firm whose pricing proposal the public authority
determines to be the best value under this section.

(B)
(C)

In complying with division
(A)(5)
(B)(5)

of this section, contract negotiations shall be directed toward:

(1)
Ensuring that the design-build firm and the public authority mutually
understand the essential requirements involved in providing the
required design-build services, the provisions for the use of
contingency funds, and the terms of the contract, including terms
related to the possible distribution of savings in the final costs of
the project;

(2)
Ensuring that the design-build firm shall be able to provide the
necessary personnel, equipment, and facilities to perform the
design-build services within the time required by the design-build
construction contract;

(3)
Agreeing upon a procedure and schedule for determining a guaranteed
maximum price using an open book pricing method that shall represent
the total maximum amount to be paid by the public authority to the
design-build firm for the project and that shall include the costs of
all work, the cost of its general conditions, the contingency, and
the fee payable to the design-build firm.

(C)
(D)

If the public authority fails to negotiate a contract with the
design-build firm whose pricing proposal the public authority
determines to be the best value as determined under this section, the
public authority shall inform the design-build firm in writing of the
termination of negotiations. The public authority may then do the
following:

(1)
Negotiate a contract with a design-build firm ranked next highest
under this section following the negotiation procedure described in
this section;

(2)
If negotiations fail with the design-build firm under division

(C)(1)
(D)(1)

of this section, negotiate a contract with the design-build firm
ranked next highest under this section following the negotiation
procedure described in this section and continue negotiating with the
design-build firms selected under this section in the order of their
ranking until a contract is negotiated.

(D)
(E)

If the public authority fails to negotiate a contract with a
design-build firm whose pricing proposal the public authority
determines to be the best value as determined under this section, it
may select additional design-build firms to provide pricing proposals
to the public authority pursuant to this section or may select an
alternative delivery method for the project.

(E)
(F)

The public authority may provide a stipend for pricing proposals
received from design-build firms.

(F)
(G)

Nothing in this section affects a public authority's right to accept
or reject any or all proposals in whole or in part.

Sec.
155.33.
(A)(1)
Beginning on

the
effective date of this amendment

April
7, 2023
,
and ending on the effective date of the rules adopted under section
155.34 of the Revised Code, a state agency shall lease, in good
faith, a formation within a parcel of land that is owned or
controlled by the state agency for the exploration for and
development and production of oil or natural gas. The lease shall be
on terms that are just and reasonable, as determined by custom and
practice in the oil and gas industry, and shall include at least the
terms required under
divisions
(A)(1)(a) to (d)
division
(A)
of
section 155.34 of the Revised Code

as
that division existed prior to the effective date of this amendment
.
The person seeking to lease the formation shall submit to the state
agency the proof described in divisions (D)(5)(a) and (b) of this
section before entering into the lease. On and after the effective
date of the rules adopted under section 155.34 of the Revised Code, a
formation within a parcel of land that is owned or controlled by a
state agency may be leased for the exploration for and development
and production of oil or natural gas only in accordance with
divisions (A)(2) to (H) of this section and those rules.

(2)
On and after the effective date of rules adopted under section 155.34
of the Revised Code, any person or state agency that is interested in
leasing a formation within a parcel of land that is owned or
controlled by a state agency for the exploration for and the
development and production of oil or natural gas may submit to the
oil and gas land management commission a nomination that shall
include all of the following:

(a)
The name of the person making the nomination and the person's
address, telephone number, and email address;

(b)
An identification of the formation and parcel of land proposed to be
leased that specifies all of the following:

(i)
The percentage of the interest owned or controlled by the state
agency, and whether that interest is divided, undivided, or partial;

(ii)
The source deed by book and page numbers, including the description
and acreage of the parcel and an identification of the county,
section, township, and range in which the parcel is located;

(iii)
A plat map depicting the area in which the parcel is located.

(c)
If the person making the nomination is not a state agency, a
nomination fee of one hundred fifty dollars;

(d)
The proposed lease bonus that applies to the nomination

and
any additional proposed gross landowner royalty that applies to the
nomination that is in addition to the amount required under division
(A)(1)(b) of section 155.34 of the Revised Code
;

(e)
If the person making the nomination is not a state agency, proof of
both of the following:

(i)
That the person has obtained the insurance and financial assurance
required under section 1509.07 of the Revised Code;

(ii)
That the person has registered with and obtained an identification
number from the division of oil and gas resources management under
section 1509.31 of the Revised Code.

(3)
In order to encourage the submission of nominations and the
responsible and reasonable development of the state's natural
resources, only the information submitted under division (A)(2)(b) of
this section may be disclosed to the public until a person is
selected under division (F) of this section. Until a person is
selected under division (F) of this section, all other information
submitted under division (A)(2) of this section is confidential,
shall not be disclosed by the commission, and is not a public record
subject to inspection or copying under section 149.43 of the Revised
Code.

(4)
When a nomination is not submitted by a state agency, the nomination
is the opening bid for purposes of division (D) of this section.
However, the person submitting the nomination may supplement or amend
that bid by providing additional information in accordance with that
division.

(B)(1)
Not less than thirty days, but not more than one hundred twenty days
following the receipt of a nomination, the commission shall conduct a
meeting for the purpose of determining whether to approve or
disapprove the nomination for the purpose of leasing a formation
within the parcel of land that is identified in the nomination.

In
making its decision to approve or disapprove the nomination, the
commission shall consider all of the following:

(a)
The economic benefits, including the potential income from an oil or
natural gas operation, that would result if the lease of a formation
that is the subject of the nomination were approved;

(b)
Whether the proposed oil or gas operation is compatible with the
current uses of the parcel of land that is the subject of the
nomination;

(c)
The environmental impact that would result if the lease of a
formation that is the subject of the nomination were approved;

(d)
Any potential adverse geological impact that would result if the
lease of a formation that is the subject of the nomination were
approved;

(e)
Any potential impact to visitors or users of a parcel of land that is
the subject of the nomination;

(f)
Any potential impact to the operations or equipment of a state agency
that is a state university or college if the lease of a formation
within a parcel of land owned or controlled by the university or
college that is the subject of the nomination were executed;

(g)
Any comments or objections to the nomination submitted to the
commission by the state agency that owns or controls the parcel of
land on which the proposed oil or natural gas operation would take
place;

(h)
Any comments or objections to the nomination submitted to the
commission by residents of this state or other users of the parcel of
land that is the subject of the nomination;

(i)
Any special terms and conditions the state agency included in its
comments or objections that the state agency believes are appropriate
for the lease of the parcel of land because of specific conditions
related to that parcel of land.

(2)
The commission shall approve or disapprove a nomination not later
than two calendar quarters following the receipt of the nomination.
The commission shall post notice of the commission's decision on the
commission's web site and send notice of the decision by email and by
certified mail to the person that submitted the nomination and to the
state agency that owns or controls the formation within the parcel of
land that is the subject of the nomination.

(C)
Each calendar quarter, the commission shall proceed to advertise for
bids for a lease for a formation within a parcel of land that was the
subject of a nomination approved during the previous calendar
quarter. The commission shall publish the advertisement on its web
site for a period of time established by the commission. The
advertisement shall include all of the following:

(1)
An identification of each formation and parcel of land proposed to be
leased that includes all of the information specified in division
(A)(2)(b) of this section;

(2)
The deadline for the submission of bids;

(3)
A statement that each bid must contain all of the items required
under division (D) of this section;

(4)
A statement that a standard lease form that is consistent with the
practices of the oil and natural gas industries and adopted by rule
by the commission will be used for the lease of a formation within
the parcel of land;

(5)
Any special terms and conditions that may apply to the lease because
of specific conditions related to the parcel of land;

(6)
The amount of the bid fee that is required to be submitted with a
bid;

(7)
Any other information that the commission considers pertinent to the
advertisement for bids.

(D)
A person interested in leasing a formation within a parcel of land
owned or controlled by a state agency for the exploration for and
development and production of oil or natural gas may submit a bid to
the commission on a parcel by parcel basis that contains all of the
following:

(1)
A bid fee of twenty-five dollars;

(2)
The name of the person making the bid and the person's address,
telephone number, and email address;

(3)
An identification of the formation and parcel of land for which the
bid is being submitted, including all of the information specified in
division (A)(2)(b) of this section;

(4)
The proposed lease bonus that applies to the bid

and
any additional proposed gross landowner royalty that applies to the
bid that is in addition to the amount required under division
(A)(1)(b) of section 155.34 of the Revised Code
;

(5)
Proof of both of the following:

(a)
That the person has obtained the insurance and financial assurance
required under section 1509.07 of the Revised Code;

(b)
That the person has registered with and obtained an identification
number from the division of oil and gas resources management under
section 1509.31 of the Revised Code.

(6)
Any other information that the person believes is relevant to the
bid.

(E)
In order to encourage the submission of bids and the responsible and
reasonable development of the state's natural resources, the
information that is contained in a bid submitted to the commission
under this section is confidential, shall not be disclosed by the
commission, and is not a public record subject to inspection and
copying under section 149.43 of the Revised Code until a person is
selected under division (F) of this section.

The
commission shall select the person who submits the highest and best
bid, taking into account the financial responsibility of the
prospective lessee and the ability of the prospective lessee to
perform its obligations under the lease. After the commission selects
a person, the commission shall notify the applicable state agency and
send the person's bid to the agency. The state agency shall enter
into a lease with the person selected by the commission.
The
state agency shall fully execute the lease not later than thirty days
after the commission selects the person with the highest and best
bid.

(G)(1)
Except as otherwise provided in section 155.37 of the Revised Code,
all money received by a state agency from signing fees, rentals, and
royalty payments for leases entered into under this section shall be
paid by the state agency into the state treasury to the credit of the
state land royalty fund created in section 131.50 of the Revised
Code.

(2)
All money received from nomination fees and bid fees shall be paid
into the state treasury to the credit of the oil and gas land
management commission administration fund created in section 155.35
of the Revised Code.

(H)
Notwithstanding any other provision of this section to the contrary,
a nature preserve as defined in section 1517.01 of the Revised Code
that is owned or controlled by a state agency shall not be nominated
or leased under this section for the purpose of exploring for and
developing and producing oil and natural gas resources.

(I)
Except as otherwise provided in this chapter, the commission and any
state agency shall not require as part of a bid or lease either of
the following:

(1)
Any royalty payment in excess of the amount specified in division
(A)(1)(b) of section 155.34 of the Revised Code;

(2)
Any additional payment that the commission or agency is not
specifically authorized or required to charge under this section.

Sec.
155.34.
(A)

Not
later than one hundred twenty days after September 30, 2021, the
The

oil
and gas land management commission shall adopt rules in accordance
with Chapter 119. of the Revised Code establishing both of the
following:

(1)
A standard lease form that shall be used by a state agency for leases
entered into under this chapter, is consistent with the practices of
the oil and natural gas industries, and contains all of the
following:

(a)
A prohibition against the use of the surface of the parcel of land
for oil and gas development unless the state agency, in its sole
discretion, chooses to negotiate and execute a written surface use
agreement established under this section;

(b)
A one-eighth gross landowner royalty;

(c)

A
shut-in royalty provision;

(d)

A
primary term of five years;

(d)
(e)

An option for the lessee to extend the primary term of the lease for
an additional
three

five

years
by tendering to the state agency the same bonus paid when first
entering into the lease
.

;

(f)
A provision that states: "Notwithstanding any other provision of
this Lease to the contrary, Lessee is entitled to pay any advanced
delay rentals/bonus amounts owed under this Lease within sixty (60)
calendar days after Lessee receives a copy of this Lease executed by
Lessor."

(g)
A provision that states: "Notwithstanding any other provision of
this Lease to the contrary, in the event that a parcel subject to
this Lease was acquired or improved through, or is otherwise
encumbered by, a federal grant program, the Primary Term of the Lease
shall be tolled until the requirements of the program, and any
related grant documents, have been fully satisfied by Lessor and
Lessor notifies Lessee in writing of same."

(h)
A provision that states: "Notwithstanding any other provision of
this Lease to the contrary, in the event that a parcel subject to
this Lease was acquired or improved through, or is otherwise
encumbered by, a federal grant program, Lessee may defer payment of
all sums otherwise due and owing under this Lease until the
requirements of the program, and any related grant documents, have
been fully satisfied by Lessor and Lessor notifies Lessee in writing
of same."

(i)
A provision that states: "Notwithstanding any other provision of
this Lease to the contrary, in the event that litigation of any kind
or character is filed by a third party that may adversely impact
Lessee's ability to conduct operations under the Lease, including an
appeal before a court or the oil and gas commission, the Primary Term
of the Lease shall be tolled until such time as there is a final,
nonappealable order entered in such litigation."

(j)
A provision that states: "Notwithstanding any other provision of
this Lease to the contrary, in the event that litigation of any kind
or character is filed by a third party that may adversely impact
Lessee's ability to conduct operations under the Lease, including an
appeal before a court or the oil and gas commission, Lessee may defer
payment of all sums otherwise due and owing under this Lease until a
final, nonappealable order is entered in such litigation."

(2)
Any other procedures necessary to implement sections 155.30 to 155.36
of the Revised Code
,
subject to division (I) of section 155.33 of the Revised Code
.

(B)

Not
later than one hundred twenty days after September 30, 2021, the
The

commission
shall establish a standard surface use agreement that a state agency
shall use to authorize the use of the surface of a leased parcel of
land.

(C)
Section 121.95 of the Revised Code does not apply to rules adopted
under this section and the commission is not subject to any
requirements of that section.

Sec.
163.01.
As
used in sections 163.01 to 163.22 of the Revised Code:

(A)
"Public agency" means any governmental corporation, unit,
organization, instrumentality, or officer authorized by law to
appropriate property in the courts of this state.

(B)
"Private agency" means any corporation, firm, partnership,
voluntary association, joint-stock association, or company that is
not a public agency and that is authorized by law to appropriate
property in the courts of this state.

(C)
"Agency" means any public agency or private agency.

(D)
"Court" means the court of common pleas or the probate
court of any county in which the property sought to be appropriated
is located in whole or in part.

(E)
"Owner" means any individual, partnership, association, or
corporation having any estate, title, or interest in any real
property sought to be appropriated.

(F)
"Real property," "land," or "property"
includes any estate, title, or interest in any real property that is
authorized to be appropriated by the agency in question, unless the
context otherwise requires.

(G)
"Public utility" has the same meaning as in section 4905.02
of the Revised Code and also includes a public utility owned or
operated by one or more municipal corporations, an electric
cooperative, and an agency holding a certificate of public
convenience and necessity granted by the federal energy regulatory
commission.

(H)(1)
"Public use" does not include any taking that is for
conveyance to a private commercial enterprise, economic development,
or solely for the purpose of increasing public revenue, unless the
property is conveyed or leased to one of the following:

(a)
A public utility, municipal power agency, or common carrier;

(b)
A private entity that occupies a port authority transportation
facility or an incidental area within a publicly owned and occupied
project;

(c)
A private entity when the agency that takes the property establishes
by a preponderance of the evidence that the property is a blighted
parcel or is included in a blighted area.

(2)

"Public
use" does not include any taking of property for use as a trail
for hiking, bicycling, horseback riding, ski touring, canoeing, or
other nonmotorized forms of recreational travel. This division does
not apply to either of the following:

(a)
A regional transit authority acting pursuant to section 306.36 of the
Revised Code to acquire right-of-way, within one hundred fifty feet
of and parallel to a public road, for a transit facility;

(b)
A public or private agency taking property for the construction of a
sidewalk within one hundred fifty feet of, and parallel to, a public
road.

(3)

All
of the following are presumed to be public uses: utility facilities,
roads, sewers, water lines, public schools, public institutions of
higher education, private institutions of higher education that are
authorized to appropriate property under section 3333.08 of the
Revised Code, public parks, government buildings, port authority
transportation facilities, projects by an agency that is a public
utility, and similar facilities and uses of land.

(I)
"Electric cooperative" has the same meaning as in section
4928.01 of the Revised Code.

(J)
"Good faith offer" means the written offer that an agency
that is appropriating property must make to the owner of the property
pursuant to division (B) of section 163.04 of the Revised Code before
commencing an appropriation proceeding.

(K)
"Goodwill" means the calculable benefits that accrue to a
business as a result of its location, reputation for dependability,
skill or quality, and any other circumstances that result in probable
retention of old, or acquisition of new, patronage.

(L)
"Municipal power agency" has the same meaning as in section
3734.058 of the Revised Code.

(M)
"Port authority transportation facility" means any facility
developed, controlled, or operated by a port authority for the
purpose of providing passenger, cargo, or freight transportation
services, such as airports, maritime ports, rail facilities, transit
facilities, and support facilities directly related to any airport,
maritime port, rail facility, or transit facility.

Sec.
164.01.
As
used in this chapter:

(A)
"Capital improvement" or "capital improvement project"
or "project" means the acquisition, construction,
reconstruction, improvement, planning, and equipping of roads and
bridges, appurtenances to roads and bridges to enhance the safety of
animal-drawn vehicles, pedestrians, and bicycles, waste water
treatment systems, water supply systems, solid waste disposal
facilities, and storm water and sanitary collection, storage, and
treatment facilities, including real property, interests in real
property, facilities, and equipment related or incidental to those
facilities.

(B)
"Local subdivision" means any county, municipal
corporation, township, sanitary district, or regional water and sewer
district.

(C)
"Bond proceedings" means the resolutions, orders, trust
agreements, indentures, and other agreements, credit facilities and
credit enhancement facilities, and amendments and supplements to the
foregoing, or any one or more or combination thereof, authorizing,
awarding, or providing for the terms and conditions applicable to or
providing for the security or liquidity of obligations, and the
provisions contained in those obligations.

(D)
"Bond service charges" means principal, including any
mandatory sinking fund or redemption requirements for retirement of
obligations, interest and other accreted amounts, and any redemption
premium payable on obligations. If not prohibited by the applicable
bond proceedings, bond service charges include costs of credit
enhancement facilities that are related to, and represent or are
intended to provide a source of payment of or limitation on, other
bond service charges.

(E)
"Bond service fund" means the fund, and any accounts in
that fund, created by section 164.10 of the Revised Code, including
all moneys and investments, and earnings from investments, credited
and to be credited to that fund and accounts as provided in the bond
proceedings.

(F)
"Cost of capital improvement projects" means the costs of
acquiring, constructing, reconstructing, expanding, improving, and
engineering capital improvement projects, and related financing
costs.

(G)
"Credit enhancement facilities" means letters of credit,
lines of credit, stand-by, contingent, or firm securities purchase
agreements, interest rate hedges including, without limitation,
interest rate swaps, insurance or surety arrangements, reserve or
guarantee funds, and guarantees, and other arrangements that provide
for contingent or direct payment of bond service charges, for
security or additional security in the event of nonpayment or default
in respect of obligations, or for making or providing funds for
making payment of bond service charges to, and at the option and on
demand of, holders of obligations or at the option of the issuer
under put or similar arrangements, or for otherwise supporting the
credit or liquidity of obligations, and includes credit,
reimbursement, marketing, remarketing, indexing, carrying, purchase,
and subrogation agreements, and other agreements and arrangements for
reimbursement of the person providing the credit enhancement facility
and the security for that reimbursement. As used in this division,
obligations include debt obligations of local subdivisions.

(H)
"Financing costs" means all costs and expenses relating to
the authorization, issuance, sale, delivery, authentication, deposit,
custody, clearing, registration, transfer, exchange,
fractionalization, replacement, and servicing of obligations,
including, without limitation, costs and expenses for or relating to,
or payment obligations under, publication and printing, postage and
express delivery, official statements, offering circulars, and
informational statements, travel and transportation, paying agents,
bond registrars, authenticating agents, remarketing agents,
custodians, clearing agencies or corporations, securities
depositories, financial advisory services, certifications, audits,
federal or state regulatory agencies, accounting services, legal
services and obtaining approving legal opinions and other legal
opinions, credit ratings, original issue discount, credit facilities,
and credit enhancement facilities. Financing costs may be paid from
any moneys lawfully available for the purpose, including, unless
otherwise provided in the bond proceedings, from the proceeds of the
obligations to which they relate and from the same sources from which
bond service charges on the obligations are paid and as though bond
service charges.

(I)
"Issuer" means the treasurer of state, or the officer who
by law performs the functions of that officer.

(J)
"Obligations" means bonds, notes, or other evidences of
obligation of the state, including any interest coupons pertaining
thereto, issued pursuant to sections 164.09 to 164.12 of the Revised
Code.

(K)
"Special funds" or "funds" means, except where
the context does not permit, the bond service fund, and any other
funds, including reserve funds, created under the bond proceedings
and stated to be special funds in those proceedings, including all
moneys and investments, and earnings from investments, credited and
to be credited to the
particular

fund.
Special funds do not include the state capital improvements fund
created by section 164.08 of the Revised Code or, if so provided in
the bond proceedings, a rebate fund or account established for
purposes of federal tax laws.

(L)
"Net proceeds" means amounts received from the sale of
obligations pursuant to this chapter, excluding amounts used to
refund or retire outstanding obligations, and does not include
amounts required to be deposited in special funds pursuant to the
applicable bond proceedings, or financing costs paid from such
amounts received.

(M)
"Local debt support" means
a
full or partial pledge of support for any local bond issue, the
payment of all or a part of the premium for bond insurance obtained
from a private insurer,

the subsidization of the interest rate on a loan obtained by
the

a

subdivision
,
or a source of revenue pledged in support of revenue bonds issued by
a subdivision
.

(N)
"Principal amount" refers to the aggregate of the amount as
stated or provided for in the bond proceedings authorizing the
obligations as the amount on which interest or interest equivalent is
initially calculated.

Sec.
164.05.
(A)
The director of the Ohio public works commission shall do all of the
following:

(1)
Approve requests for financial assistance from district public works
integrating committees and enter into agreements with one or more
local subdivisions to provide loans, grants, and local debt support
for a capital improvement project if the director determines that:

(a)
The project is an eligible project pursuant to this chapter;

(b)
The financial assistance for the project has been properly approved
and requested by the district committee of the district which
includes the recipient of the loan or grant;

(c)
The amount of the financial assistance, when added to all other
financial assistance provided during the fiscal year for projects
within the district, does not exceed that district's allocation of
money from the state capital improvements fund for that fiscal year;

(d)
The district committee has provided such documentation and other
evidence as the director may require that the district committee has
satisfied the requirements of section 164.06 or 164.14 of the Revised
Code;

(e)
The portion of a district's annual allocation which the director
approves in the form of loans and local debt support for eligible
projects is consistent with divisions (E) and (F) of this section.

(2)
Authorize payments to local subdivisions or their contractors for
costs incurred for capital improvement projects which have been
approved pursuant to this chapter. All requests for payments shall be
submitted to the director on forms and in accordance with procedures
specified in rules adopted by the director pursuant to division
(A)(4) of this section.

(3)
Retain the services of or employ financial consultants, engineers,
accountants, attorneys, and such other employees as the director
determines are necessary to carry out the director's duties under
this chapter and fix the compensation for their services. From among
these employees, the director shall appoint a deputy with the
necessary qualifications to act as the director when the director is
absent or temporarily unable to carry out the duties of office.

(4)
Adopt rules establishing the procedures for making applications,
reviewing, approving, and rejecting projects for which assistance is
authorized under this chapter, and any other rules needed to
implement the provisions of this chapter. Such rules shall be adopted
under Chapter 119. of the Revised Code.

(5)
Provide information and other assistance to local subdivisions and
district public works integrating committees in developing their
requests for financial assistance for capital improvements under this
chapter and encourage cooperation and coordination of requests and
the development of multisubdivision projects in order to maximize the
benefits that may be derived by districts from each year's
allocation;

(6)
Require local subdivisions, to the extent practicable, to use Ohio
products, materials, services, and labor in connection with any
capital improvement project financed in whole or in part under this
chapter;

(7)
Notify the director of budget and management of all approved
projects, and supply all information necessary to track approved
projects through the state accounting system;

(8)
Appoint the administrator of the Ohio small government capital
improvements commission;

(9)
Do all other acts, enter into contracts, and execute all instruments
necessary or appropriate to carry out this chapter;

(10)
Develop a standardized methodology for evaluating local subdivision
capital improvement needs that a district public works integrating
committee shall consider when addressing a subdivision's project
application;

(11)
Establish a program to provide local subdivisions with technical
assistance in preparing project applications. The program shall be
designed to assist local subdivisions that lack the financial or
technical resources to prepare project applications on their own.

(B)
When the director of the Ohio public works commission decides to
conditionally approve or disapprove projects, the director's
decisions and the reasons for which they are made shall be made in
writing. These written decisions shall be conclusive for the purposes
of the validity and enforceability of such determinations.

(C)
Fees, charges, rates of interest, times of payment of interest and
principal, and other terms, conditions, and provisions of and
security for financial assistance provided pursuant to the provisions
of this chapter shall be such as the director determines to be
appropriate. If any payments required by a loan agreement entered
into pursuant to this chapter are not paid, the funds which would
otherwise be apportioned to the local subdivision from the county
undivided local government fund, pursuant to sections 5747.51 to
5747.53 of the Revised Code, may, at the direction of the director of
the Ohio public works commission, be reduced by the amount payable.
The county treasurer shall, at the direction of the director, pay the
amount of such reductions to the state capital improvements revolving
loan fund. The director may renegotiate a loan repayment schedule
with a local subdivision whose payments from the county undivided
local government fund could be reduced pursuant to this division, but
such a renegotiation may occur only one time with respect to any
particular loan agreement.

(D)
Grants approved for the repair and replacement of existing
infrastructure pursuant to this chapter shall not exceed ninety per
cent of the estimated total cost of the capital improvement project.
Grants approved for new or expanded infrastructure shall not exceed
fifty per cent of the estimated cost of the new or expansion elements
of the capital improvement project. A local subdivision share of the
estimated cost of a capital improvement may consist of any of the
following:

(1)
The reasonable value, as determined by the director or the
administrator, of labor, materials, and equipment that will be
contributed by the local subdivision in performing the capital
improvement project;

(2)
Moneys received by the local subdivision in any form from an
authority, commission, or agency of the United States for use in
performing the capital improvement project;

(3)
Loans made to the local subdivision under this chapter;

(4)
Engineering costs incurred by the local subdivision in performing
engineering activities related to the project.

A
local subdivision share of the cost of a capital improvement shall
not include any amounts awarded to it from the local transportation
improvement program fund created in section 164.14 of the Revised
Code.

(E)

Not
more than ten per cent of a
A

district
public works integrating
committee's

committee
may determine how much of its
annual
allocation share pursuant to section 164.08 of the Revised Code
may
be
is

awarded
to subdivisions
only

in
the form of interest-free, low-interest, market rate of interest, or
blended-rate loans

and
in the form of local debt support
.

(F)

Not
more than ten per cent of a district public works integrating
committee's annual allocation pursuant to section 164.08 of the
Revised Code may be awarded to subdivisions in the form of local debt
support.

(G)

For the period commencing July 1, 1993, and ending June 30, 1999, and
for each five-year period thereafter, the total amount of financial
assistance awarded under sections 164.01 to 164.08 of the Revised
Code for capital improvement projects located wholly or partially
within a county shall be equal to at least thirty per cent of the
amount of what the county would have been allocated from the
obligations authorized to be sold under this chapter during each
period, if such amounts had been allocable to each county on a per
capita basis.

(H)
(G)

The amount of the annual allocations made pursuant to divisions
(B)(1) and (4) of section 164.08 of the Revised Code which can be
used for new or expanded infrastructure is limited to twenty per
cent.

(I)
(H)

No project shall be approved under this section unless the project is
designed to have a useful life of at least seven years. In addition,
the average useful life of all projects for which grants or loans are
awarded in each district during a program year shall not be less than
twenty years.

Sec.
164.06.
(A)
Each district public works integrating committee shall evaluate
materials submitted to it by the local subdivisions located in the
district concerning capital improvements for which assistance is
sought from the state capital improvements fund and shall, pursuant
to division (B) of this section, select the requests for financial
assistance that will be formally submitted by the district to the
director of the Ohio public works commission. In order to provide for
the efficient use of the district's state capital improvements fund
allocation each year, a district committee shall assist its
subdivisions in the preparation and coordination of project plans.

(B)
In selecting the requests for assistance for capital improvement
projects which will be submitted to the director, and in determining
the nature, amount, and terms of the assistance that will be
requested, a district public works integrating committee shall give
priority to capital improvement projects for the repair or
replacement of existing infrastructure and which would be unlikely to
be undertaken without assistance under this chapter, and shall
specifically consider all of the following factors:

(1)
The infrastructure repair and replacement needs of the district;

(2)
The age and condition of the system to be repaired or replaced;

(3)
Whether the project would generate revenue in the form of user fees
or assessments;

(4)
The importance of the project to the health and safety of the
citizens of the district;

(5)
The cost of the project and whether it is consistent with division

(G)
(F)

of section 164.05 of the Revised Code and the district's allocation
for grants, loans, and local debt support for that year;

(6)
The effort and ability of the benefited local subdivisions to assist
in financing the project;

(7)
The availability of federal or other funds for the project;

(8)
The overall economic health of the particular local subdivision;

(9)
The adequacy of the planning for the project and the readiness of the
applicant to proceed should the project be approved;

(10)
Any other factors relevant to a particular project.

(C)
When applying the methodology under division (A)(10) of section
164.05 of the Revised Code, a district public works integrating
committee may require a subdivision to submit information on its
capital infrastructure as part of an application for assistance in
financing a capital improvement project under this section.

(D)
In addition to reviewing and selecting the projects for which
approval will be sought from the director of the Ohio public works
commission for financial assistance from the state capital
improvements fund, each district public works integrating committee
shall appoint a subcommittee of its members that will represent the
interests of villages and townships and that will review and select
the capital improvement projects which will be submitted by the
subcommittee to the administrator of the Ohio small government
capital improvements commission for consideration of assistance from
the portion of the net proceeds of obligations issued and sold by the
treasurer of state which is allocated pursuant to division (B)(1) of
section 164.08 of the Revised Code. In reviewing and approving the
projects selected by its subcommittee, the administrator, and the
Ohio small government capital improvements commission shall be guided
by the provisions of division (B) of this section, and shall also
take into account the fact that villages and townships may have
different public infrastructure needs than larger subdivisions.

Sec.
164.08.
(A)
Except as provided in sections 151.01 and 151.08 or section 164.09 of
the Revised Code, the net proceeds of obligations issued and sold by
the treasurer of state pursuant to section 164.09 of the Revised Code
before September 30, 2000, or pursuant to sections 151.01 and 151.08
of the Revised Code, for the purpose of financing or assisting in the
financing of the cost of public infrastructure capital improvement
projects of local subdivisions, as provided for in Section 2k, 2m,
2p, or 2s of Article VIII, Ohio Constitution, and this chapter, shall
be paid into the state capital improvements fund, which is hereby
created in the state treasury. Investment earnings on moneys in the
fund shall be credited to the fund.

(B)
Beginning July 1, 2016, each program year the amount of obligations
authorized by the general assembly in accordance with sections 151.01
and 151.08 or section 164.09 of the Revised Code, excluding the
proceeds of refunding or renewal obligations, shall be allocated by
the director of the Ohio public works commission as follows:

(1)
First,
ten

twelve

per
cent of the amount of obligations authorized shall be allocated to
provide financial assistance to villages and to townships with
populations in the unincorporated areas of the township of less than
five thousand persons, for capital improvements in accordance with
section 164.051 and division (D) of section 164.06 of the Revised
Code. As used in division (B)(1) of this section, "capital
improvements" includes resurfacing and improving roads.

(2)
Following the allocation required by division (B)(1) of this section,
the director may allocate two per cent of the authorized obligations
to provide financial assistance to local subdivisions for capital
improvement projects which in the judgment of the director of the
Ohio public works commission are necessary for the immediate
preservation of the health, safety, and welfare of the citizens of
the local subdivision requesting assistance. Starting July 1, 2021,
the director may allocate up to six per cent of authorized
obligations as provided in this division.

(3)
The director shall determine the amount of the remaining obligations
authorized to be issued and sold that each county would receive if
such amounts were allocated on a per capita basis each year. If a
county's per capita share for the year would be less than three
hundred thousand dollars, the director shall allocate to the district
in which that county is located an amount equal to the difference
between three hundred thousand dollars and the county's per capita
share.

(4)
After making the allocation required by division (B)(3) of this
section, the director shall allocate the remaining amount to each
district on a per capita basis.

(C)(1)
There is hereby created in the state treasury the state capital
improvements revolving loan fund, into which shall be deposited all
repayments of loans made to local subdivisions for capital
improvements pursuant to this chapter. Investment earnings on moneys
in the fund shall be credited to the fund.

(2)
There may also be deposited in the state capital improvements
revolving loan fund moneys obtained from federal or private grants,
or from other sources, which are to be used for any of the purposes
authorized by this chapter. Such moneys shall be allocated each year
in accordance with division (B)(4) of this section.

(3)
Moneys deposited into the state capital improvements revolving loan
fund shall be used to make loans for the purpose of financing or
assisting in the financing of the cost of capital improvement
projects of local subdivisions.

(4)
Investment earnings credited to the state capital improvements
revolving loan fund that exceed the amounts required to meet
estimated federal arbitrage rebate requirements shall be used to pay
costs incurred by the public works commission in administering this
section. Investment earnings credited to the state capital
improvements revolving loan fund that exceed the amounts required to
pay for the administrative costs and estimated rebate requirements
shall be allocated to each district on a per capita basis.

(5)
Each program year, loan repayments received and on deposit in the
state capital improvements revolving loan fund shall be allocated as
follows:

(a)
Each district public works integrating committee shall be allocated
an amount equal to the sum of all loan repayments made to the state
capital improvements revolving loan fund by local subdivisions that
are part of the district. Moneys not used in a program year may be
used in the next program year in the same manner and for the same
purpose as originally allocated.

(b)
Loan repayments made pursuant to projects approved under division
(B)(1) of this section shall be used to make loans in accordance with
section 164.051 and division (D) of section 164.06 of the Revised
Code. Allocations for this purpose made pursuant to division (C)(5)
of this section shall be in addition to the allocation provided in
division (B)(1) of this section.

(c)
Loan repayments made pursuant to projects approved under division
(B)(2) of this section shall be used to make loans in accordance with
division (B)(2) of this section. Allocations for this purpose made
pursuant to division (C)(5) of this section shall be in addition to
the allocation provided in division (B)(2) of this section.

(d)
Loans made from the state capital improvements revolving loan fund
shall not be limited in their usage by divisions (E), (F),
and

(G)
,
and (H)

of section 164.05 of the Revised Code.

(D)
Investment earnings credited to the state capital improvements fund
that exceed the amounts required to meet estimated federal arbitrage
rebate requirements shall be used to pay costs incurred by the public
works commission in administering sections 164.01 to 164.12 of the
Revised Code.

(E)
The director of the Ohio public works commission shall notify the
director of budget and management of the amounts allocated pursuant
to this section and such information shall be entered into the state
accounting system. The director of budget and management shall
establish appropriation line items as needed to track these
allocations.

(F)
If the amount of a district's allocation in a program year exceeds
the amount of financial assistance approved for the district by the
commission for that year, the remaining portion of the district's
allocation shall be added to the district's allocation pursuant to
division (B) of this section for the next succeeding year for use in
the same manner and for the same purposes as it was originally
allocated, except that any portion of a district's allocation which
was available for use on new or expanded infrastructure pursuant to
division
(H)
(G)

of section 164.05 of the Revised Code shall be available in
succeeding years only for the repair and replacement of existing
infrastructure.

(G)
When an allocation based on population is made by the director
pursuant to division (B) of this section, the director shall use the
most recent decennial census statistics, and shall not make any
reallocations based upon a change in a district's population.

Sec.
164.14.
(A)
The local transportation improvement program fund is hereby created
in the state treasury. The fund shall consist of moneys credited to
it pursuant to sections 117.16 and 5735.051 of the Revised Code, and,
subject to the limitations of section 5735.05 of the Revised Code,
shall be used to make grants to local subdivisions for projects that
have been approved by district public works integrating committees
and the Ohio public works commission in accordance with this section.
The fund shall be administered by the Ohio public works commission,
and shall be allocated each fiscal year on a per capita basis to
district public works integrating committees in accordance with the
most recent decennial census statistics. Money in the fund may be
used to pay reasonable costs incurred by the commission in
administering this section. Investment earnings on moneys credited to
the fund shall be retained by the fund.

(B)
Grants awarded under this section may provide up to one hundred per
cent of the estimated total cost of the project.

(C)
No grant shall be awarded for a project under this section unless the
project is designed to have a useful life of at least seven years,
except that the average useful life of all such projects for which
grants are awarded in each district during a fiscal year shall be not
less than twenty years.

(D)
For the period beginning on July 1, 1989, and ending on June 30,
1994, and for each succeeding five-year period, at least one-third of
the total amount of money allocated to each district from the local
transportation improvement program fund shall be awarded as follows:

(1)
Forty-two and eight-tenths per cent for projects of municipal
corporations;

(2)
Thirty-seven and two-tenths per cent for projects of counties;

(3)
Twenty per cent for projects of townships, except that the
requirement of division (D)(3) of this section shall not apply in
districts where the combined population of the townships in the
district is less than five per cent of the population of the
district.

(E)
Each district public works integrating committee shall review, and
approve or disapprove requests submitted to it by local subdivisions
for assistance from the local transportation improvement program
fund. In reviewing projects submitted to it, a district public works
integrating committee shall consider the following factors:

(1)
Whether the project is of critical importance to the safety of the
residents of the local subdivision;

(2)
Whether the project would alleviate serious traffic problems or
hazards or would respond to needs caused by rapid growth and
development;

(3)
Whether the project would assist the local subdivision in attaining
the transportation infrastructure needed to pursue significant and
specific economic development opportunities;

(4)
The availability of other sources of funding for the project;

(5)
The adequacy of the planning for the project and the readiness of the
local subdivision to proceed should the project be approved;

(6)
The local subdivision's ability to pay for and history of investing
in bridge and highway improvements;

(7)
The impact of the project on the multijurisdictional highway and
bridge needs of the district;

(8)
The requirements of divisions (A), (B), (C), and (D) of this section;

(9)
The condition of the infrastructure system proposed for improvement;

(10)
Any other factors related to the safety, orderly growth, or economic
development of the district or local subdivision that the district
public works integrating committee considers relevant.

A
district public works integrating committee or its executive
committee may appoint a subcommittee to assist it in carrying out its
responsibilities under this section.

(F)
Every project approved by a district public works integrating
committee shall be submitted to the Ohio public works commission for
its review and approval or disapproval. The commission shall not
approve any project that fails to meet the requirements of this
section.

(G)
Grants awarded from the local transportation improvement program fund
shall not be limited in their usage by divisions (D), (E), (F),
and

(G)
,
and (H)

of section 164.05 of the Revised Code.

(H)
As used in this section, "local subdivision" means a
county, municipal corporation, or township.

(I)
The director of the Ohio public works commission shall notify the
director of budget and management of the amounts allocated pursuant
to this section, and the allocation information shall be entered into
the state accounting system. The director of budget and management
shall establish appropriation line items as needed to track these
allocations.

Sec.
165.04.
The
bond proceedings may contain provisions which shall be part of the
contract with the bondholders as to:

(A)
Pledging the rentals, revenues, and other income, charges, and moneys
therein designated for the payment of the principal of and interest
on the bonds and all other payments required to be made by the bond
proceedings;

(B)
Acquisition by gift or purchase, construction, reconstruction,
enlargement, improvement, furnishing, equipment, operation,
alteration, maintenance, insurance, and repair of the pledged
facilities and the duties of the issuing authority with respect
thereto;

(C)
Provisions regarding the purposes to which the proceeds of the bonds
may be applied;

(D)
Terms of the bonds;

(E)
Maintenance, collection, use and disposition of rentals, revenues,
and other income, charges, and moneys received from the lease, sale,
or other disposition of the pledged facilities;

(F)
Terms and conditions under which additional bonds may be issued
secured by a pledge of rentals, revenues, and other income, charges,
and moneys received from or a mortgage on the same pledged
facilities;

(G)
Terms of any trust agreement or indenture of mortgage securing the
bonds including authorization to enter into such agreement or
indenture;

(H)
The deposit, application, safeguarding, and investment of funds of
the issuer received or held under the bond proceedings, to which
Chapters 131. and 135. and sections
122.57,

122.571,
122.58, and 321.44 of the Revised Code are not applicable.

(I)
Any other appropriate agreements with the bondholders with respect to
the pledged facilities and the rentals, revenues, and other income,
charges, and moneys received therefrom
;
.

Sec.
166.01.
As
used in this chapter:

(A)
"Allowable costs" means all or part of the costs of project
facilities, eligible projects, eligible innovation projects, eligible
research and development projects, eligible advanced energy projects,
or eligible logistics and distribution projects, including costs of
acquiring, constructing, reconstructing, rehabilitating, renovating,
enlarging, improving, equipping, or furnishing project facilities,
eligible projects, eligible innovation projects, eligible research
and development projects, eligible advanced energy projects, or
eligible logistics and distribution projects, site clearance and
preparation, supplementing and relocating public capital improvements
or utility facilities, designs, plans, specifications, surveys,
studies, and estimates of costs, expenses necessary or incident to
determining the feasibility or practicability of assisting an
eligible project, an eligible innovation project, an eligible
research and development project, an eligible advanced energy
project, or an eligible logistics and distribution project, or
providing project facilities or facilities related to an eligible
project, an eligible innovation project, an eligible research and
development project, an eligible advanced energy project, or an
eligible logistics and distribution project, architectural,
engineering, and legal services fees and expenses, the costs of
conducting any other activities as part of a voluntary action, and
such other expenses as may be necessary or incidental to the
establishment or development of an eligible project, an eligible
innovation project, an eligible research and development project, an
eligible advanced energy project, or an eligible logistics and
distribution project, and reimbursement of moneys advanced or applied
by any governmental agency or other person for allowable costs.

(B)
"Allowable innovation costs" includes allowable costs of
eligible innovation projects and, in addition, includes the costs of
research and development of eligible innovation projects; obtaining
or creating any requisite software or computer hardware related to an
eligible innovation project or the products or services associated
therewith; testing (including, without limitation, quality control
activities necessary for initial production), perfecting, and
marketing of such products and services; creating and protecting
intellectual property related to an eligible innovation project or
any products or services related thereto, including costs of securing
appropriate patent, trademark, trade secret, trade dress, copyright,
or other form of intellectual property protection for an eligible
innovation project or related products and services; all to the
extent that such expenditures could be capitalized under
then-applicable generally accepted accounting principles; and the
reimbursement of moneys advanced or applied by any governmental
agency or other person for allowable innovation costs.

(C)
"Eligible innovation project" includes an eligible project,
including any project facilities associated with an eligible
innovation project and, in addition, includes all tangible and
intangible property related to a new product or process based on new
technology or the creative application of existing technology,
including research and development, product or process testing,
quality control, market research, and related activities, that is to
be acquired, established, expanded, remodeled, rehabilitated, or
modernized for industry, commerce, distribution,
development
of tourism attractions or professional sports facilities,
or
research, or any combination thereof, the operation of which, alone
or in conjunction with other eligible projects, eligible innovation
projects, or innovation property, will create new jobs or preserve
existing jobs and employment opportunities and improve the economic
welfare of the people of the state.

(D)
"Eligible project" means project facilities to be acquired,
established, expanded, remodeled, rehabilitated, or modernized for
industry, commerce, distribution,
development
of tourism attractions or professional sports facilities,
or
research, or any combination thereof, the operation of which, alone
or in conjunction with other facilities, will create new jobs or
preserve existing jobs and employment opportunities and improve the
economic welfare of the people of the state. "Eligible project"
includes, without limitation, a voluntary action. For purposes of
this division, "new jobs" does not include existing jobs
transferred from another facility within the state, and "existing
jobs" includes only those existing jobs with work places within
the municipal corporation or unincorporated area of the county in
which the eligible project is located.

"Eligible
project" does not include project facilities to be acquired,
established, expanded, remodeled, rehabilitated, or modernized for
industry, commerce, distribution,
development
of tourism attractions or professional sports facilities,
or
research, or any combination of industry, commerce, distribution,

development
of tourism attractions or professional sports facilities,
or
research, if the project facilities consist solely of
point-of-final-purchase retail facilities. If the project facilities
consist of both point-of-final-purchase retail facilities and
nonretail facilities, only the portion of the project facilities
consisting of nonretail facilities is an eligible project. If a
warehouse facility is part of a point-of-final-purchase retail
facility and supplies only that facility, the warehouse facility is
not an eligible project. Catalog distribution facilities are not
considered point-of-final-purchase retail facilities for purposes of
this paragraph, and are eligible projects.

(E)
"Eligible research and development project" means an
eligible project, including project facilities, comprising, within,
or related to, a facility or portion of a facility at which research
is undertaken for the purpose of discovering information that is
technological in nature and the application of which is intended to
be useful in the development of a new or improved product, process,
technique, formula, or invention, a new product or process based on
new technology, or the creative application of existing technology.

(F)
"Financial assistance" means inducements under division (B)
of section 166.02 of the Revised Code, loan guarantees under section
166.06 of the Revised Code, and direct loans under section 166.07 of
the Revised Code.

(G)
"Governmental action" means any action by a governmental
agency relating to the establishment, development, or operation of an
eligible project, eligible innovation project, eligible research and
development project, eligible advanced energy project, or eligible
logistics and distribution project, and project facilities that the
governmental agency acting has authority to take or provide for the
purpose under law, including, but not limited to, actions relating to
contracts and agreements, zoning, building, permits, acquisition and
disposition of property, public capital improvements, utility and
transportation service, taxation, employee recruitment and training,
and liaison and coordination with and among governmental agencies.

(H)
"Governmental agency" means the state and any state
department, division, commission, institution or authority; a
municipal corporation, county, or township, and any agency thereof,
and any other political subdivision or public corporation or the
United States or any agency thereof; any agency, commission, or
authority established pursuant to an interstate compact or agreement;
and any combination of the above.

(I)
"Innovation financial assistance" means inducements under
division (B) of section 166.12 of the Revised Code, innovation Ohio
loan guarantees under section 166.15 of the Revised Code, and
innovation Ohio loans under section 166.16 of the Revised Code.

(J)
"Innovation Ohio loan guarantee reserve requirement" means,
at any time, with respect to innovation loan guarantees made under
section 166.15 of the Revised Code, a balance in the innovation Ohio
loan guarantee fund equal to the greater of twenty per cent of the
then-outstanding principal amount of all outstanding innovation loan
guarantees made pursuant to section 166.15 of the Revised Code or
fifty per cent of the principal amount of the largest outstanding
guarantee made pursuant to section 166.15 of the Revised Code.

(K)
"Innovation property" includes property and also includes
software, inventory, licenses, contract rights, goodwill,
intellectual property, including without limitation, patents, patent
applications, trademarks and service marks, and trade secrets, and
other tangible and intangible property, and any rights and interests
in or connected to the foregoing.

(L)
"Loan guarantee reserve requirement" means, at any time,
with respect to loan guarantees made under section 166.06 of the
Revised Code, a balance in the loan guarantee fund equal to the
greater of twenty per cent of the then-outstanding principal amount
of all outstanding guarantees made pursuant to section 166.06 of the
Revised Code or fifty per cent of the principal amount of the largest
outstanding guarantee made pursuant to section 166.06 of the Revised
Code.

(M)
"Person" means any individual, firm, partnership,
association, corporation, or governmental agency, and any combination
thereof.

(N)
"Project facilities" means buildings, structures, and other
improvements, and equipment and other property, excluding small
tools, supplies, and inventory, and any one, part of, or combination
of the above, comprising all or part of, or serving or being
incidental to, an eligible project, an eligible innovation project,
an eligible research and development project, an eligible advanced
energy project, or an eligible logistics and distribution project,
including, but not limited to, public capital improvements.

(O)
"Property" means real and personal property and interests
therein.

(P)
"Public capital improvements" means capital improvements or
facilities that any governmental agency has authority to acquire, pay
the costs of, own, maintain, or operate, or to contract with other
persons to have the same done, including, but not limited to,
highways, roads, streets, water and sewer facilities, railroad and
other transportation facilities, and air and water pollution control
and solid waste disposal facilities. For purposes of this division,
"air pollution control facilities" includes, without
limitation, solar, geothermal, biofuel, biomass, wind, hydro, wave,
and other advanced energy projects as defined in section 3706.25 of
the Revised Code.

(Q)
"Research and development financial assistance" means
inducements under section 166.17 of the Revised Code, research and
development loans under section 166.21 of the Revised Code, and
research and development tax credits under sections 5733.352 and
5747.331 of the Revised Code.

(R)
"Targeted innovation industry sectors" means industry
sectors involving the production or use of advanced materials,
instruments, controls and electronics, power and propulsion,
biosciences, and information technology, or such other sectors as may
be designated by the director of development.

(S)
"Voluntary action" means a voluntary action, as defined in
section 3746.01 of the Revised Code, that is conducted under the
voluntary action program established in Chapter 3746. of the Revised
Code.

(T)
"Project financing obligations" means obligations issued
pursuant to section 166.08 of the Revised Code other than obligations
for which the bond proceedings provide that bond service charges
shall be paid from receipts of the state representing gross profit on
the sale of spirituous liquor as referred to in division (B)(4) of
section
4310.10

4301.10

of
the Revised Code.

(U)
"Regional economic development entity" means an entity that
is under contract with the director to administer a loan program
under this chapter in a particular area of this state.

(V)
"Eligible advanced energy project" means an eligible
project that is an "advanced energy project" as defined in
section 3706.25 of the Revised Code.

(W)
"Eligible logistics and distribution project" means an
eligible project, including project facilities, to be acquired,
established, expanded, remodeled, rehabilitated, or modernized for
transportation logistics and distribution infrastructure purposes. As
used in this division, "transportation logistics and
distribution infrastructure purposes" means promoting, providing
for, and enabling improvements to the ground, air, and water
transportation infrastructure comprising the transportation system in
this state, including, without limitation, highways, streets, roads,
bridges, railroads carrying freight, and air and water ports and port
facilities, and all related supporting facilities.

(X)
"Professional sports facility" has the same meaning as in
section 5516.01 of the Revised Code.

Sec.
166.02.
(A)
The general assembly finds that many local areas throughout the state
are experiencing economic stagnation or decline, and that the
economic development programs provided for in this chapter will
constitute deserved, necessary reinvestment by the state in those
areas, materially contribute to their economic revitalization, and
result in improving the economic welfare of all the people of the
state. Accordingly, it is declared to be the public policy of the
state, through the operations of this chapter and other applicable
laws adopted pursuant to Section 2p or 13 of Article VIII, Ohio
Constitution, and other authority vested in the general assembly, to
assist in and facilitate the establishment or development of eligible
projects or assist and cooperate with any governmental agency in
achieving such purpose.

(B)
In furtherance of such public policy and to implement such purpose,
the director of development may:

(1)
After consultation with appropriate governmental agencies, enter into
agreements with persons engaged in industry, commerce, distribution,

development
of tourism attractions or professional sports facilities,
or
research and with governmental agencies to induce such persons to
acquire, construct, reconstruct, rehabilitate, renovate, enlarge,
improve, equip, or furnish, or otherwise develop, eligible projects
and make provision therein for project facilities and governmental
actions, as authorized by this chapter and other applicable laws,
subject to any required actions by the general assembly or the
controlling board and subject to applicable local government laws and
regulations;

(2)
Provide for the guarantees and loans as provided for in sections
166.06 and 166.07 of the Revised Code;

(3)
Subject to release of such moneys by the controlling board, contract
for labor and materials needed for, or contract with others,
including governmental agencies, to provide, project facilities the
allowable costs of which are to be paid for or reimbursed from moneys
in the facilities establishment fund, and contract for the operation
of such project facilities;

(4)
Subject to release thereof by the controlling board, from moneys in
the facilities establishment fund acquire or contract to acquire by
gift, exchange, or purchase, including the obtaining and exercise of
purchase options, property, and convey or otherwise dispose of, or
provide for the conveyance or disposition of, property so acquired or
contracted to be acquired by sale, exchange, lease, lease purchase,
conditional or installment sale, transfer, or other disposition,
including the grant of an option to purchase, to any governmental
agency or to any other person without necessity for competitive
bidding and upon such terms and conditions and manner of
consideration pursuant to and as the director determines to be
appropriate to satisfy the objectives of sections 166.01 to 166.11 of
the Revised Code;

(5)
Retain the services of or employ financial consultants, appraisers,
consulting engineers, superintendents, managers, construction and
accounting experts, attorneys, and employees, agents, and independent
contractors as are necessary in the director's judgment and fix the
compensation for their services;

(6)
Receive and accept from any person grants, gifts, and contributions
of money, property, labor, and other things of value, to be held,
used and applied only for the purpose for which such grants, gifts,
and contributions are made;

(7)
Enter into appropriate arrangements and agreements with any
governmental agency for the taking or provision by that governmental
agency of any governmental action;

(8)
Do all other acts and enter into contracts and execute all
instruments necessary or appropriate to carry out the provisions of
this chapter;

(9)
Adopt rules to implement any of the provisions of this chapter
applicable to the director.

(C)
The determinations by the director that facilities constitute
eligible projects, that facilities are project facilities, that costs
of such facilities are allowable costs, and all other determinations
relevant thereto or to an action taken or agreement entered into
shall be conclusive for purposes of the validity and enforceability
of rights of parties arising from actions taken and agreements
entered into under this chapter.

(D)
Except as otherwise prescribed in this chapter, all expenses and
obligations incurred by the director in carrying out the director's
powers and in exercising the director's duties under this chapter,
shall be payable solely from, as appropriate, moneys in the
facilities establishment fund, the loan guarantee fund, the
innovation Ohio loan guarantee fund, the innovation Ohio loan fund,
the research and development loan fund, the logistics and
distribution infrastructure fund, or moneys appropriated for such
purpose by the general assembly. This chapter does not authorize the
director or the issuing authority under section 166.08 of the Revised
Code to incur bonded indebtedness of the state or any political
subdivision thereof, or to obligate or pledge moneys raised by
taxation for the payment of any bonds or notes issued or guarantees
made pursuant to this chapter.

(E)
Any governmental agency may enter into an agreement with the
director, any other governmental agency, or a person to be assisted
under this chapter, to take or provide for the purposes of this
chapter any governmental action it is authorized to take or provide,
and to undertake on behalf and at the request of the director any
action which the director is authorized to undertake pursuant to
divisions (B)(3), (4), and (5) of this section or divisions (B)(3),
(4), and (5) of section 166.12 of the Revised Code. Governmental
agencies of the state shall cooperate with and provide assistance to
the director of development and the controlling board in the exercise
of their respective functions under this chapter.

Sec.
166.03.
(A)
There is hereby created the facilities establishment fund within the
state treasury, consisting of proceeds from the issuance of
obligations as specified under section 166.08 of the Revised Code;
the moneys received by the state from the sources specified in
section 166.09 of the Revised Code; service charges imposed under
sections 166.06 and 166.07 of the Revised Code; any grants, gifts, or
contributions of moneys received by the director of development to be
used for loans made under section 166.07 of the Revised Code or for
the payment of the allowable costs of project facilities; and all
other moneys appropriated or transferred to the fund. Moneys in the
loan guarantee fund in excess of the loan guarantee reserve
requirement, but subject to the provisions and requirements of any
guarantee contracts, may be transferred to the facilities
establishment fund by the treasurer of state upon the order of the
director of development. Moneys received by the state under Chapter
122. of the Revised Code, to the extent allocable to the utilization
of moneys derived from proceeds of the sale of obligations pursuant
to section 166.08 of the Revised Code, shall be credited to the
facilities establishment fund.

All
investment earnings on the cash balance in the fund shall be credited
to the fund.

(B)
All moneys appropriated or transferred to the facilities
establishment fund may be released at the request of the director of
development for payment of allowable costs or the making of loans
under section 166.07 of the Revised Code, for transfer to the loan
guarantee fund established in section 166.06 of the Revised Code, or
for use for the purpose of or transfer to the funds established by
sections 122.35, 122.42, 122.54,
122.55,
122.56, 122.561, 122.57,
122.601,
and 122.80 of the Revised Code and, until July 1, 2003, the fund
established by section 166.031 of the Revised Code, and, until July
1, 2007, the fund established by section 122.26 of the Revised Code,
but only for such of those purposes as are within the authorization
of Section 13 of Article VIII, Ohio Constitution, in all cases
subject to the approval of the controlling board.

(C)
The department of development, in the administration of the
facilities establishment fund, is encouraged to utilize and promote
the utilization of, to the maximum practicable extent, the other
existing programs, business incentives, and tax incentives that
department is required or authorized to administer or supervise.

Sec.
166.08.
(A)
As used in this chapter:

(1)
"Bond proceedings" means the resolution, order, trust
agreement, indenture, lease, and other agreements, amendments and
supplements to the foregoing, or any one or more or combination
thereof, authorizing or providing for the terms and conditions
applicable to, or providing for the security or liquidity of,
obligations issued pursuant to this section, and the provisions
contained in such obligations.

(2)
"Bond service charges" means principal, including mandatory
sinking fund requirements for retirement of obligations, and
interest, and redemption premium, if any, required to be paid by the
state on obligations.

(3)
"Bond service fund" means the applicable fund and accounts
therein created for and pledged to the payment of bond service
charges, which may be, or may be part of, the economic development
bond service fund created by division (S) of this section including
all moneys and investments, and earnings from investments, credited
and to be credited thereto.

(4)
"Issuing authority" means the treasurer of state, or the
officer who by law performs the functions of such officer.

(5)
"Obligations" means bonds, notes, or other evidence of
obligation including interest coupons pertaining thereto, issued
pursuant to this section.

(6)
"Pledged receipts" means all receipts of the state
representing the gross profit on the sale of spirituous liquor, as
referred to in division (B)(4) of section 4301.10 of the Revised
Code, after paying all costs and expenses of the division of liquor
control and providing an adequate working capital reserve for the
division of liquor control as provided in that division, but
excluding the sum required by the second paragraph of section 4301.12
of the Revised Code, as in effect on May 2, 1980, to be paid into the
state treasury; moneys accruing to the state from the lease, sale, or
other disposition, or use, of project facilities, and from the
repayment, including interest, of loans made from proceeds received
from the sale of obligations; accrued interest received from the sale
of obligations; income from the investment of the special funds; and
any gifts, grants, donations, and pledges, and receipts therefrom,
available for the payment of bond service charges.

(7)
"Special funds" or "funds" means, except where
the context does not permit, the bond service fund, and any other
funds, including reserve funds, created under the bond proceedings,
and the economic development bond service fund created by division
(S) of this section to the extent provided in the bond proceedings,
including all moneys and investments, and earnings from investment,
credited and to be credited thereto.

(B)
Subject to the limitations provided in section 166.11 of the Revised
Code, the issuing authority, upon the certification by the director
of development or, prior to

the
effective date of this amendment

September
29, 2017
,
upon certification by the Ohio air quality development authority
regarding eligible advanced energy projects, to the issuing authority
of the amount of moneys or additional moneys needed in the facilities
establishment fund, the loan guarantee fund, the innovation Ohio loan
fund, the innovation Ohio loan guarantee fund, the research and
development loan fund, the logistics and distribution infrastructure
fund, the advanced energy research and development fund, or the
advanced energy research and development taxable fund, as applicable,
for the purpose of paying, or making loans for, allowable costs from
the facilities establishment fund, allowable innovation costs from
the innovation Ohio loan fund, allowable costs from the research and
development loan fund, allowable costs from the logistics and
distribution infrastructure fund, allowable costs from the advanced
energy research and development fund, or allowable costs from the
advanced energy research and development taxable fund, as applicable,
or needed for capitalized interest, for funding reserves, and for
paying costs and expenses incurred in connection with the issuance,
carrying, securing, paying, redeeming, or retirement of the
obligations or any obligations refunded thereby, including payment of
costs and expenses relating to letters of credit, lines of credit,
insurance, put agreements, standby purchase agreements, indexing,
marketing, remarketing and administrative arrangements, interest swap
or hedging agreements, and any other credit enhancement, liquidity,
remarketing, renewal, or refunding arrangements, all of which are
authorized by this section, or providing moneys for the loan
guarantee fund or the innovation Ohio loan guarantee fund, as
provided in this chapter or needed for the purposes of funds
established in accordance with or pursuant to sections 122.35,
122.42, 122.54,
122.55,
122.56, 122.561, 122.57,
and
122.80 of the Revised Code which are within the authorization of
Section 13 of Article VIII, Ohio Constitution, or, prior to

the
effective date of this amendment

September
29, 2017
,
with respect to certain eligible advanced energy projects, Section 2p
of Article VIII, Ohio Constitution, shall issue obligations of the
state under this section in the required amount; provided that such
obligations may be issued to satisfy the covenants in contracts of
guarantee made under section 166.06 or 166.15 of the Revised Code,
notwithstanding limitations otherwise applicable to the issuance of
obligations under this section. The proceeds of such obligations,
except for the portion to be deposited in special funds, including
reserve funds, as may be provided in the bond proceedings, shall as
provided in the bond proceedings be deposited by the director of
development to the facilities establishment fund, the loan guarantee
fund, the innovation Ohio loan guarantee fund, the innovation Ohio
loan fund, the research and development loan fund, or the logistics
and distribution infrastructure fund, or be deposited by the Ohio air
quality development authority prior to
the
effective date of this amendment
September
29, 2017,
to
the advanced energy research and development fund or the advanced
energy research and development taxable fund. Bond proceedings for
project financing obligations may provide that the proceeds derived
from the issuance of such obligations shall be deposited into such
fund or funds provided for in the bond proceedings and, to the extent
provided for in the bond proceedings, such proceeds shall be deemed
to have been deposited into the facilities establishment fund and
transferred to such fund or funds. The issuing authority may appoint
trustees, paying agents, and transfer agents and may retain the
services of financial advisors, accounting experts, and attorneys,
and retain or contract for the services of marketing, remarketing,
indexing, and administrative agents, other consultants, and
independent contractors, including printing services, as are
necessary in the issuing authority's judgment to carry out this
section. The costs of such services are allowable costs payable from
the facilities establishment fund or the research and development
loan fund, allowable innovation costs payable from the innovation
Ohio loan fund, allowable costs payable from the logistics and
distribution infrastructure fund, or allowable costs payable prior to

the
effective date of this amendment
September
29, 2017,
from
the advanced energy research and development fund or the advanced
energy research and development taxable fund, as applicable.

(C)
The holders or owners of such obligations shall have no right to have
moneys raised by taxation obligated or pledged, and moneys raised by
taxation shall not be obligated or pledged, for the payment of bond
service charges. Such holders or owners shall have no rights to
payment of bond service charges from any moneys accruing to the state
from the lease, sale, or other disposition, or use, of project
facilities, or from payment of the principal of or interest on loans
made, or fees charged for guarantees made, or from any money or
property received by the director, treasurer of state, or the state
under Chapter 122. of the Revised Code, or from any other use of the
proceeds of the sale of the obligations, and no such moneys may be
used for the payment of bond service charges, except for accrued
interest, capitalized interest, and reserves funded from proceeds
received upon the sale of the obligations and except as otherwise
expressly provided in the applicable bond proceedings pursuant to
written directions by the director. The right of such holders and
owners to payment of bond service charges is limited to all or that
portion of the pledged receipts and those special funds pledged
thereto pursuant to the bond proceedings in accordance with this
section, and each such obligation shall bear on its face a statement
to that effect.

(D)
Obligations shall be authorized by resolution or order of the issuing
authority and the bond proceedings shall provide for the purpose
thereof and the principal amount or amounts, and shall provide for or
authorize the manner or agency for determining the principal maturity
or maturities, not exceeding twenty-five years from the date of
issuance, the interest rate or rates or the maximum interest rate,
the date of the obligations and the dates of payment of interest
thereon, their denomination, and the establishment within or without
the state of a place or places of payment of bond service charges.
Sections 9.98 to 9.983 of the Revised Code are applicable to
obligations issued under this section, subject to any applicable
limitation under section 166.11 of the Revised Code. The purpose of
such obligations may be stated in the bond proceedings in terms
describing the general purpose or purposes to be served. The bond
proceedings also shall provide, subject to the provisions of any
other applicable bond proceedings, for the pledge of all, or such
part as the issuing authority may determine, of the pledged receipts
and the applicable special fund or funds to the payment of bond
service charges, which pledges may be made either prior or
subordinate to other expenses, claims, or payments, and may be made
to secure the obligations on a parity with obligations theretofore or
thereafter issued, if and to the extent provided in the bond
proceedings. The pledged receipts and special funds so pledged and
thereafter received by the state are immediately subject to the lien
of such pledge without any physical delivery thereof or further act,
and the lien of any such pledges is valid and binding against all
parties having claims of any kind against the state or any
governmental agency of the state, irrespective of whether such
parties have notice thereof, and shall create a perfected security
interest for all purposes of Chapter 1309. of the Revised Code,
without the necessity for separation or delivery of funds or for the
filing or recording of the bond proceedings by which such pledge is
created or any certificate, statement or other document with respect
thereto; and the pledge of such pledged receipts and special funds is
effective and the money therefrom and thereof may be applied to the
purposes for which pledged without necessity for any act of
appropriation. Every pledge, and every covenant and agreement made
with respect thereto, made in the bond proceedings may therein be
extended to the benefit of the owners and holders of obligations
authorized by this section, and to any trustee therefor, for the
further security of the payment of the bond service charges.

(E)
The bond proceedings may contain additional provisions as to:

(1)
The redemption of obligations prior to maturity at the option of the
issuing authority at such price or prices and under such terms and
conditions as are provided in the bond proceedings;

(2)
Other terms of the obligations;

(3)
Limitations on the issuance of additional obligations;

(4)
The terms of any trust agreement or indenture securing the
obligations or under which the same may be issued;

(5)
The deposit, investment and application of special funds, and the
safeguarding of moneys on hand or on deposit, without regard to
Chapter 131. or 135. of the Revised Code, but subject to any special
provisions of this chapter, with respect to particular funds or
moneys, provided that any bank or trust company which acts as
depository of any moneys in the special funds may furnish such
indemnifying bonds or may pledge such securities as required by the
issuing authority;

(6)
Any or every provision of the bond proceedings being binding upon
such officer, board, commission, authority, agency, department, or
other person or body as may from time to time have the authority
under law to take such actions as may be necessary to perform all or
any part of the duty required by such provision;

(7)
Any provision that may be made in a trust agreement or indenture;

(8)
Any other or additional agreements with the holders of the
obligations, or the trustee therefor, relating to the obligations or
the security therefor, including the assignment of mortgages or other
security obtained or to be obtained for loans under section 122.43,
166.07, or 166.16 of the Revised Code.

(F)
The obligations may have the great seal of the state or a facsimile
thereof affixed thereto or printed thereon. The obligations and any
coupons pertaining to obligations shall be signed or bear the
facsimile signature of the issuing authority. Any obligations or
coupons may be executed by the person who, on the date of execution,
is the proper issuing authority although on the date of such bonds or
coupons such person was not the issuing authority. If the issuing
authority whose signature or a facsimile of whose signature appears
on any such obligation or coupon ceases to be the issuing authority
before delivery thereof, such signature or facsimile is nevertheless
valid and sufficient for all purposes as if the former issuing
authority had remained the issuing authority until such delivery; and
if the seal to be affixed to obligations has been changed after a
facsimile of the seal has been imprinted on such obligations, such
facsimile seal shall continue to be sufficient as to such obligations
and obligations issued in substitution or exchange therefor.

(G)
All obligations are negotiable instruments and securities under
Chapter 1308. of the Revised Code, subject to the provisions of the
bond proceedings as to registration. The obligations may be issued in
coupon or in registered form, or both, as the issuing authority
determines. Provision may be made for the registration of any
obligations with coupons attached thereto as to principal alone or as
to both principal and interest, their exchange for obligations so
registered, and for the conversion or reconversion into obligations
with coupons attached thereto of any obligations registered as to
both principal and interest, and for reasonable charges for such
registration, exchange, conversion, and reconversion.

(H)
Obligations may be sold at public sale or at private sale, as
determined in the bond proceedings.

Obligations
issued to provide moneys for the loan guarantee fund or the
innovation Ohio loan guarantee fund may, as determined by the issuing
authority, be sold at private sale, and without publication of a
notice of sale.

(I)
Pending preparation of definitive obligations, the issuing authority
may issue interim receipts or certificates which shall be exchanged
for such definitive obligations.

(J)
In the discretion of the issuing authority, obligations may be
secured additionally by a trust agreement or indenture between the
issuing authority and a corporate trustee which may be any trust
company or bank having a place of business within the state. Any such
agreement or indenture may contain the resolution or order
authorizing the issuance of the obligations, any provisions that may
be contained in any bond proceedings, and other provisions which are
customary or appropriate in an agreement or indenture of such type,
including, but not limited to:

(1)
Maintenance of each pledge, trust agreement, indenture, or other
instrument comprising part of the bond proceedings until the state
has fully paid the bond service charges on the obligations secured
thereby, or provision therefor has been made;

(2)
In the event of default in any payments required to be made by the
bond proceedings, or any other agreement of the issuing authority
made as a part of the contract under which the obligations were
issued, enforcement of such payments or agreement by mandamus, the
appointment of a receiver, suit in equity, action at law, or any
combination of the foregoing;

(3)
The rights and remedies of the holders of obligations and of the
trustee, and provisions for protecting and enforcing them, including
limitations on rights of individual holders of obligations;

(4)
The replacement of any obligations that become mutilated or are
destroyed, lost, or stolen;

(5)
Such other provisions as the trustee and the issuing authority agree
upon, including limitations, conditions, or qualifications relating
to any of the foregoing.

(K)
Any holders of obligations or trustees under the bond proceedings,
except to the extent that their rights are restricted by the bond
proceedings, may by any suitable form of legal proceedings, protect
and enforce any rights under the laws of this state or granted by
such bond proceedings. Such rights include the right to compel the
performance of all duties of the issuing authority, the director of
development, the Ohio air quality development authority, or the
division of liquor control required by this chapter or the bond
proceedings; to enjoin unlawful activities; and in the event of
default with respect to the payment of any bond service charges on
any obligations or in the performance of any covenant or agreement on
the part of the issuing authority, the director of development, the
Ohio air quality development authority, or the division of liquor
control in the bond proceedings, to apply to a court having
jurisdiction of the cause to appoint a receiver to receive and
administer the pledged receipts and special funds, other than those
in the custody of the treasurer of state, which are pledged to the
payment of the bond service charges on such obligations or which are
the subject of the covenant or agreement, with full power to pay, and
to provide for payment of bond service charges on, such obligations,
and with such powers, subject to the direction of the court, as are
accorded receivers in general equity cases, excluding any power to
pledge additional revenues or receipts or other income or moneys of
the issuing authority or the state or governmental agencies of the
state to the payment of such principal and interest and excluding the
power to take possession of, mortgage, or cause the sale or otherwise
dispose of any project facilities.

Each
duty of the issuing authority and the issuing authority's officers
and employees, and of each governmental agency and its officers,
members, or employees, undertaken pursuant to the bond proceedings or
any agreement or lease, lease-purchase agreement, or loan made under
authority of this chapter, and in every agreement by or with the
issuing authority, is hereby established as a duty of the issuing
authority, and of each such officer, member, or employee having
authority to perform such duty, specifically enjoined by the law
resulting from an office, trust, or station within the meaning of
section 2731.01 of the Revised Code.

The
person who is at the time the issuing authority, or the issuing
authority's officers or employees, are not liable in their personal
capacities on any obligations issued by the issuing authority or any
agreements of or with the issuing authority.

(L)
The issuing authority may authorize and issue obligations for the
refunding, including funding and retirement, and advance refunding
with or without payment or redemption prior to maturity, of any
obligations previously issued by the issuing authority. Such
obligations may be issued in amounts sufficient for payment of the
principal amount of the prior obligations, any redemption premiums
thereon, principal maturities of any such obligations maturing prior
to the redemption of the remaining obligations on a parity therewith,
interest accrued or to accrue to the maturity dates or dates of
redemption of such obligations, and any allowable costs including
expenses incurred or to be incurred in connection with such issuance
and such refunding, funding, and retirement. Subject to the bond
proceedings therefor, the portion of proceeds of the sale of
obligations issued under this division to be applied to bond service
charges on the prior obligations shall be credited to an appropriate
account held by the trustee for such prior or new obligations or to
the appropriate account in the bond service fund for such
obligations. Obligations authorized under this division shall be
deemed to be issued for those purposes for which such prior
obligations were issued and are subject to the provisions of this
section pertaining to other obligations, except as otherwise provided
in this section; provided that, unless otherwise authorized by the
general assembly, any limitations imposed by the general assembly
pursuant to this section with respect to bond service charges
applicable to the prior obligations shall be applicable to the
obligations issued under this division to refund, fund, advance
refund or retire such prior obligations.

(M)
The authority to issue obligations under this section includes
authority to issue obligations in the form of bond anticipation notes
and to renew the same from time to time by the issuance of new notes.
The holders of such notes or interest coupons pertaining thereto
shall have a right to be paid solely from the pledged receipts and
special funds that may be pledged to the payment of the bonds
anticipated, or from the proceeds of such bonds or renewal notes, or
both, as the issuing authority provides in the resolution or order
authorizing such notes. Such notes may be additionally secured by
covenants of the issuing authority to the effect that the issuing
authority and the state will do such or all things necessary for the
issuance of such bonds or renewal notes in appropriate amount, and
apply the proceeds thereof to the extent necessary, to make full
payment of the principal of and interest on such notes at the time or
times contemplated, as provided in such resolution or order. For such
purpose, the issuing authority may issue bonds or renewal notes in
such principal amount and upon such terms as may be necessary to
provide funds to pay when required the principal of and interest on
such notes, notwithstanding any limitations prescribed by or for
purposes of this section. Subject to this division, all provisions
for and references to obligations in this section are applicable to
notes authorized under this division.

The
issuing authority in the bond proceedings authorizing the issuance of
bond anticipation notes shall set forth for such bonds an estimated
interest rate and a schedule of principal payments for such bonds and
the annual maturity dates thereof, and for purposes of any limitation
on bond service charges prescribed under division (A) of section
166.11 of the Revised Code, the amount of bond service charges on
such bond anticipation notes is deemed to be the bond service charges
for the bonds anticipated thereby as set forth in the bond
proceedings applicable to such notes, but this provision does not
modify any authority in this section to pledge receipts and special
funds to, and covenant to issue bonds to fund, the payment of
principal of and interest and any premium on such notes.

(N)
Obligations issued under this section are lawful investments for
banks, societies for savings, savings and loan associations, deposit
guarantee associations, trust companies, trustees, fiduciaries,
insurance companies, including domestic for life and domestic not for
life, trustees or other officers having charge of sinking and bond
retirement or other special funds of political subdivisions and
taxing districts of this state, the commissioners of the sinking fund
of the state, the administrator of workers' compensation, the state
teachers retirement system, the public employees retirement system,
the school employees retirement system, and the Ohio police and fire
pension fund, notwithstanding any other provisions of the Revised
Code or rules adopted pursuant thereto by any governmental agency of
the state with respect to investments by them, and are also
acceptable as security for the deposit of public moneys.

(O)
Unless otherwise provided in any applicable bond proceedings, moneys
to the credit of or in the special funds established by or pursuant
to this section may be invested by or on behalf of the issuing
authority only in notes, bonds, or other obligations of the United
States, or of any agency or instrumentality of the United States,
obligations guaranteed as to principal and interest by the United
States, obligations of this state or any political subdivision of
this state, and certificates of deposit of any national bank located
in this state and any bank, as defined in section 1101.01 of the
Revised Code, subject to inspection by the superintendent of banks.
If the law or the instrument creating a trust pursuant to division
(J) of this section expressly permits investment in direct
obligations of the United States or an agency of the United States,
unless expressly prohibited by the instrument, such moneys also may
be invested in no-front-end-load money market mutual funds consisting
exclusively of obligations of the United States or an agency of the
United States and in repurchase agreements, including those issued by
the fiduciary itself, secured by obligations of the United States or
an agency of the United States; and in common trust funds established
in accordance with section 1111.20 of the Revised Code and consisting
exclusively of any such securities, notwithstanding division (A)(4)
of that section. The income from such investments shall be credited
to such funds as the issuing authority determines, and such
investments may be sold at such times as the issuing authority
determines or authorizes.

(P)
Provision may be made in the applicable bond proceedings for the
establishment of separate accounts in the bond service fund and for
the application of such accounts only to the specified bond service
charges on obligations pertinent to such accounts and bond service
fund and for other accounts therein within the general purposes of
such fund. Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of or in the several special funds
established pursuant to this section shall be disbursed on the order
of the treasurer of state, provided that no such order is required
for the payment from the bond service fund when due of bond service
charges on obligations.

(Q)
The issuing authority may pledge all, or such portion as the issuing
authority determines, of the pledged receipts to the payment of bond
service charges on obligations issued under this section, and for the
establishment and maintenance of any reserves, as provided in the
bond proceedings, and make other provisions therein with respect to
pledged receipts as authorized by this chapter, which provisions are
controlling notwithstanding any other provisions of law pertaining
thereto.

(R)
The issuing authority may covenant in the bond proceedings, and any
such covenants are controlling notwithstanding any other provision of
law, that the state and applicable officers and governmental agencies
of the state, including the general assembly, so long as any
obligations are outstanding, shall:

(1)
Maintain statutory authority for and cause to be charged and
collected wholesale and retail prices for spirituous liquor sold by
the state or its agents so that the pledged receipts are sufficient
in amount to meet bond service charges, and the establishment and
maintenance of any reserves and other requirements provided for in
the bond proceedings, and, as necessary, to meet covenants contained
in contracts of guarantee made under section 166.06 of the Revised
Code;

(2)
Take or permit no action, by statute or otherwise, that would impair
the exemption from federal income taxation of the interest on the
obligations.

(S)
There is hereby created the economic development bond service fund,
which shall be in the custody of the treasurer of state but shall be
separate and apart from and not a part of the state treasury. All
moneys received by or on account of the issuing authority or state
agencies and required by the applicable bond proceedings, consistent
with this section, to be deposited, transferred, or credited to a
bond service fund or the economic development bond service fund, and
all other moneys transferred or allocated to or received for the
purposes of the fund, shall be deposited and credited to such fund
and to any separate accounts therein, subject to applicable
provisions of the bond proceedings, but without necessity for any act
of appropriation. During the period beginning with the date of the
first issuance of obligations and continuing during such time as any
such obligations are outstanding, and so long as moneys in the
pertinent bond service funds are insufficient to pay all bond
services charges on such obligations becoming due in each year, a
sufficient amount of the gross profit on the sale of spirituous
liquor included in pledged receipts are committed and shall be paid
to the bond service fund or economic development bond service fund in
each year for the purpose of paying the bond service charges becoming
due in that year without necessity for further act of appropriation
for such purpose and notwithstanding anything to the contrary in
Chapter 4301. of the Revised Code. The economic development bond
service fund is a trust fund and is hereby pledged to the payment of
bond service charges to the extent provided in the applicable bond
proceedings, and payment thereof from such fund shall be made or
provided for by the treasurer of state in accordance with such bond
proceedings without necessity for any act of appropriation.

(T)
The obligations, the transfer thereof, and the income therefrom,
including any profit made on the sale thereof, shall at all times be
free from taxation within the state.

Sec.
166.12.
(A)
The general assembly finds that in order to maintain and enhance the
competitiveness of the Ohio economy and to improve the economic
welfare of all of the people of the state, it is necessary to ensure
that high-value jobs based on research, technology, and innovation
will be available to the people of this state. Further, the general
assembly finds that the attraction of such jobs and their presence in
this state will materially contribute to the economic welfare of all
of the people of the state. Accordingly, it is declared to be the
public policy of this state, through the operations under sections
166.01 and 166.12 to 166.16 of the Revised Code, and the loan and
loan guarantee provisions contained in those sections, applicable
laws adopted pursuant to Section 13 of Article VIII, Ohio
Constitution, and other authority vested in the general assembly, to
assist in and facilitate the establishment or development of eligible
innovation projects or assist and cooperate with any governmental
agency in achieving that purpose.

(B)
In furtherance of that public policy and to implement that purpose,
the director of development may:

(1)
After consultation with appropriate governmental agencies, enter into
agreements with persons engaged in industry, commerce, distribution,

development
of tourism attractions or professional sports facilities,
or
research and with governmental agencies to induce such persons to
acquire, construct, reconstruct, rehabilitate, renovate, enlarge,
improve, equip, or furnish, or otherwise develop, eligible innovation
projects and make provision therein for project facilities and
governmental actions, as authorized by sections 166.01 and 166.12 to
166.16 of the Revised Code and other applicable laws;

(2)
Provide for innovation Ohio loan guarantees and loans under sections
166.15 and 166.16 of the Revised Code;

(3)
Subject to the release of such moneys by the controlling board,
contract for labor and materials needed for, or contract with others,
including governmental agencies, to provide, eligible innovation
projects the allowable innovation costs of which are to be paid for
or reimbursed from moneys in the innovation Ohio loan fund, and
contract for the operation of such eligible innovation projects;

(4)
Subject to release thereof by the controlling board, from moneys in
the innovation Ohio loan fund, acquire or contract to acquire by
gift, exchange, or purchase, including the obtaining and exercise of
purchase options, innovation property, and convey or otherwise
dispose of, or provide for the conveyance or disposition of,
innovation property so acquired or contracted to be acquired by sale,
exchange, lease, lease purchase, conditional or installment sale,
transfer, or other disposition, including the grant of an option to
purchase, to any governmental agency or to any other person without
necessity for competitive bidding and upon such terms and conditions
and manner of consideration pursuant to, and as the director
determines to be appropriate to satisfy the objectives of, Chapter
166. of the Revised Code;

(5)
Retain the services of or employ financial consultants, appraisers,
consulting engineers, superintendents, managers, construction and
accounting experts, attorneys, and employees, agents, and independent
contractors as are necessary in the director's judgment and fix the
compensation for their services;

(6)
Receive and accept from any person grants, gifts, and contributions
of money, property, labor, and other things of value, to be held,
used, and applied only for the purpose for which such grants, gifts,
and contributions are made;

(7)
Enter into appropriate arrangements and agreements with any
governmental agency for the taking or provision by that governmental
agency of any governmental action with respect to innovation
projects;

(8)
Do all other acts and enter into contracts and execute all
instruments necessary or appropriate to carry out the provisions of
sections 166.01 and 166.12 to 166.16 of the Revised Code;

(9)
With respect to property, including but not limited to innovation
property, take such interests, including but not limited to
mortgages, security interests, assignments, and exclusive or
non-exclusive licenses, as may be necessary or appropriate under the
circumstances, to ensure that innovation property is used within this
state and that products or services associated with that innovation
property are produced or, in the case of services, delivered, by
persons employed within this state;

(10)
Adopt rules necessary to implement any of the provisions of sections
166.01 and 166.12 to 166.16 of the Revised Code applicable to the
director.

(C)
The determinations by the director that facilities or property
constitute eligible innovation projects and that costs of such
facilities or property are allowable innovation costs, and all other
determinations relevant thereto or to an action taken or agreement
entered into, shall be conclusive for purposes of the validity and
enforceability of rights of parties arising from actions taken and
agreements entered into under sections 166.01 and 166.12 to 166.16 of
the Revised Code.

Sec.
166.17.
(A)
The general assembly finds that in order to enhance the economic
opportunities available to and improve the economic welfare of all
the people of the state, and to maintain and enhance the
competitiveness of the Ohio economy, it is necessary to ensure that
the people of the state will continue to have access to high-value
jobs in technology, and that, to facilitate such continued access, it
is necessary to provide incentives to retain and attract businesses
that will develop new or improved technologies, processes, and
products, or apply existing technologies in new ways. Further, the
general assembly finds that the attraction of such jobs and their
presence in this state will materially contribute to the economic
welfare of all the people of the state. Accordingly, it is declared
to be the public policy of this state, through operations under
sections 166.17 to 166.21, 5733.352, and 5747.331 of the Revised Code
and the provisions for financial assistance contained in those
sections, other applicable laws adopted pursuant to Section 13 of
Article VIII, Ohio Constitution, and other authority vested in the
general assembly, to assist in and facilitate the establishment or
development of eligible research and development projects or assist
and cooperate with any governmental agency in achieving that purpose.

(B)
In furtherance of that public policy and to implement that purpose,
the director of development may do any of the following:

(1)
After consultation with appropriate governmental agencies, enter into
agreements with persons engaged in industry, commerce, distribution,

development
of tourism attractions or professional sports facilities,
or
research and with governmental agencies, to induce such persons to
acquire, construct, reconstruct, rehabilitate, renovate, enlarge,
improve, equip, furnish, or develop eligible research and development
projects, or to enable governmental agencies to acquire, construct,
reconstruct, rehabilitate, renovate, enlarge, improve, equip,
furnish, or develop eligible research and development projects for
lease to persons engaged in industry, commerce, distribution,

development
of tourism attractions or professional sports facilities,
or
research;

(2)
Provide for loans under section 166.21 of the Revised Code to finance
eligible research and development projects;

(3)
Subject to the release of moneys in the research and development loan
fund by the controlling board, contract for labor and materials
needed for, or contract with others, including governmental agencies,
to provide, eligible research and development projects, the allowable
costs of which are to be paid for or reimbursed from such moneys, and
contract for the operation of those projects;

(4)
From moneys in the research and development loan fund, subject to
release thereof by the controlling board, acquire or contract to
acquire property by gift, exchange, or purchase, including by
obtaining and exercising purchase options, and convey or otherwise
dispose of, or provide for the conveyance or disposition of, that
property by sale, exchange, lease, lease purchase, conditional or
installment sale, transfer, or other disposition, including the grant
of an option to purchase, to any governmental agency or to any other
person without necessity for competitive bidding and upon such terms
and conditions and manner of consideration pursuant to, and as the
director determines to be appropriate to satisfy the objectives of,
Chapter 166. of the Revised Code;

(5)
Retain the services of or employ financial consultants, appraisers,
consulting engineers, superintendents, managers, construction and
accounting experts, attorneys, employees, agents, and independent
contractors as are necessary in the director's judgment, and fix the
compensation for their services;

(6)
Receive and accept from any person, grants, gifts, and contributions
of money, property, labor, and other things of value, to be held,
used, and applied only for the purpose for which such grants, gifts,
and contributions are made;

(7)
Enter into arrangements and agreements with any governmental agency
for the agency to take or provide any governmental action with
respect to eligible research and development projects;

(8)
Do all other acts, enter into contracts, execute all instruments, and
make all certifications necessary or appropriate to carry out
sections 166.01, 166.17 to 166.21, 5733.352, and 5747.331 of the
Revised Code;

(9)
With respect to property that is the subject of or related to
research and development financial assistance, take such interests,
including, but not limited to, mortgages, security interests,
leasehold interests, assignments, and exclusive or nonexclusive
licenses, as may be necessary or appropriate under the circumstances,
to ensure that the property is used within this state and that
products or services associated with that property are produced or,
in the case of services, delivered, by persons employed within this
state;

(10)
Adopt rules necessary to implement any of the provisions of sections
166.17 to 166.21, 5733.352, and 5747.331 of the Revised Code that are
applicable to the director.

(C)
The determination by the director that facilities or property
constitute an eligible research and development project and that the
costs of such facilities or property are allowable costs related to
the project, and all other determinations relevant thereto, or to an
action taken or agreement entered into, shall be conclusive for
purposes of the validity and enforceability of rights of parties
arising from actions taken and agreements entered into under sections
166.17 to 166.21, 5733.352, and 5747.331 of the Revised Code.

Sec.
169.01.
As
used in this chapter, unless the context otherwise requires:

(A)
"Financial organization" means any bank, trust company,
savings bank, safe deposit company, mutual savings bank without
mutual stock, savings and loan association, credit union, or
investment company.

(B)(1)
"Unclaimed funds" means any moneys, rights to moneys, or
intangible property, described in section 169.02 of the Revised Code,
when, as shown by the records of the holder, the owner has not,
within the times provided in section 169.02 of the Revised Code, done
any of the following:

(a)
Increased, decreased, or adjusted the amount of such funds;

(b)
Assigned, paid premiums, or encumbered such funds;

(c)
Presented an appropriate record for the crediting of such funds or
received payment of such funds by check, draft, or otherwise;

(d)
Corresponded with the holder concerning such funds;

(e)
Otherwise indicated an interest in or knowledge of such funds;

(f)
Transacted business with the holder.

(2)
"Unclaimed funds" does not include any of the following:

(a)
Money received or collected under section 9.39 of the Revised Code;

(b)
Any payment or credit due to a business association from a business
association representing sums payable to suppliers, or payment for
services rendered, in the course of business, including, but not
limited to, checks or memoranda, overpayments, unidentified
remittances, nonrefunded overcharges, discounts, refunds, and
rebates;

(c)
Any payment or credit received by a business association from a
business association for tangible goods sold, or services performed,
in the course of business, including, but not limited to, checks or
memoranda, overpayments, unidentified remittances, nonrefunded
overcharges, discounts, refunds, and rebates;

(d)
Either of the following:

(i)
Any credit or obligation due a retail customer that is represented by
a gift certificate, gift card, merchandise credit, or merchandise
credit card, redeemable only for goods or services, including gift
cards issued by financial organizations or business associations;

(ii)
Any electronic payment device that is issued by a financial
organization or a business association that has no expiration date
and meets all of the following conditions:

(I)
It is purchased or loaded on a prepaid basis for the future purchase
or delivery of goods or services.

(II)
It is redeemable upon presentation to a single merchant or service
provider or an affiliated group of merchants or service providers.

(III)
It is not redeemable for cash in whole or in part.

(e)
Any open-loop prepaid card that is issued by a financial organization
or a business association for which the underlying funds do not
expire. For purposes of division (B)(2)(e) of this section,
"open-loop prepaid card" means an electronic payment device
that meets all of the following conditions:

(i)
It is purchased or loaded on a prepaid basis for the future purchase
or delivery of any goods or services.

(ii)
It can be used to purchase goods and services at multiple
unaffiliated merchants or service providers.

(iii)
It is not redeemable for cash in whole or in part.

(f)
Any rewards card. For purposes of division (B)(2)(f) of this section,
"rewards card" includes any loyalty, incentive, or
promotional type program that is issued by a financial organization
or a business association whether represented by a card or electronic
record, which program is established for the purposes of providing
cardholder awards, rewards, rebates, or other amounts to reward the
cardholder for the cardholder's relationship with the entity
sponsoring the rewards card, provided that no direct money was paid
by the cardholder for the rewards card. "Rewards card"
includes both of the following:

(i)
Cards or electronic records consisting of points, cash, or other
tokens of value given to a cardholder as a reward or incentive for
engaging in a transaction or a series of transactions;

(ii)
The unpaid portion of a rewards card when the rewards card is
partially loaded by the cardholder with the remaining portion funded
as a reward or incentive.

A
minimal annual fee charged to the cardholder for joining any such
loyalty, incentive, or promotional type program shall not be
considered direct money paid by the cardholder for the rewards card.
For purposes of division (B)(2)(f) of this section, "cardholder"
means the holder of a rewards card, regardless of whether the rewards
card is represented by a card or by an electronic record.

For
purposes of division (B)(2) of this section, "business
association" means any corporation, joint venture, business
trust, limited liability company, partnership, association, or other
business entity composed of one or more individuals, whether or not
the entity is for profit.

(C)
"Owner" means any person, or the person's legal
representative, entitled to receive or having a legal or equitable
interest in or claim against moneys, rights to moneys, or other
intangible property, subject to this chapter.

(D)(1)
"Holder" means any person that has possession, custody, or
control of moneys, rights to moneys, or other intangible property, or
that is indebted to another, if any of the following applies:

(a)
Such person resides in this state;

(b)
Such person is formed under the laws of this state;

(c)
Such person is formed under the laws of the United States and has an
office or principal place of business in this state;

(d)
The records of such person indicate that the last known address of
the owner of such moneys, rights to moneys, or other intangible
property is in this state;

(e)
The records of such person do not indicate the last known address of
the owner of the moneys, rights to moneys, or other intangible
property and the entity originating or issuing the moneys, rights to
moneys, or other intangible property in this state or any political
subdivision of this state, or is incorporated, organized, created, or
otherwise located in this state. Division (D)(1)(e) of this section
applies to all moneys, rights to moneys, or other intangible property
that is in the possession, custody, or control of such person on or
after July 22, 1994, whether the moneys, rights to moneys, or other
intangible property becomes unclaimed funds prior to or on or after
that date.

(2)
"Holder" does not mean any hospital granted tax-exempt
status under section 501(c)(3) of the Internal Revenue Code or any
hospital owned or operated by the state or by any political
subdivision. Any entity in order to be exempt from the definition of
"holder" pursuant to this division shall make a reasonable,
good-faith effort to contact the owner of the unclaimed funds.

(E)
"Person" includes a natural person; corporation, whether
for profit or not for profit; copartnership; unincorporated nonprofit
association; public authority; estate; trust; two or more persons
having a joint or common interest; eleemosynary organization;
fraternal or cooperative association; other legal or community
entity; the United States government, including any district,
territory, possession, officer, agency, department, authority,
instrumentality, board, bureau, or court; or any state or political
subdivision thereof, including any officer, agency, board, bureau,
commission, division, department, authority, court, or
instrumentality.

(F)
"Mortgage funds" means
the
mortgage insurance fund created by section 122.561 of the Revised
Code, and
the
housing guarantee fund created by division (D) of section 128.11 of
the Revised Code.

(G)
"Lawful claims" means any vested right a holder of
unclaimed funds has against the owner of such unclaimed funds.

(H)
"Public utility" means any entity defined as such by
division (A) of section 745.01 or by section 4905.02 of the Revised
Code.

(I)
"Deposit" means to place money in the custody of a
financial organization for the purpose of establishing an
income-bearing account by purchase or otherwise.

(J)
"Income-bearing account" means a time or savings account,
whether or not evidenced by a certificate of deposit, or an
investment account through which investments are made solely in
obligations of the United States or its agencies or instrumentalities
or guaranteed as to principal and interest by the United States or
its agencies or instrumentalities, debt securities rated as
investment grade by at least two nationally recognized rating
services, debt securities which the director of commerce has
determined to have been issued for the safety and welfare of the
residents of this state, and equity interests in mutual funds that
invest solely in some or all of the above-listed securities and
involve no general liability, without regard to whether income earned
on such accounts, securities, or interests is paid periodically or at
the end of a term.

(K)
"Director of commerce" may be read as the "division of
unclaimed funds" or the "superintendent of unclaimed
funds."

(L)
"Attorney unclaimed funds" means any unclaimed funds, as
defined in division (B)(1) of this section, that are any of the
following:

(1)
Funds held in interest on lawyer trust accounts pursuant to section
4705.09 of the Revised Code;

(2)
Funds held in an interest on trust accounts pursuant to section
3953.231 of the Revised Code;

(3)
Residual settlement funds whether for named or unnamed plaintiffs,
received by the division of unclaimed funds, and held, paid out, or
allocated by the division pursuant to or consistent with the terms
and conditions of the court order authorizing the settlement fund.

Sec.
169.05.
(A)
Every holder required to file a report under section 169.03 of the
Revised Code shall, at the time of filing, pay to the director of
commerce ten per cent of the aggregate amount of unclaimed funds as
shown on the report, except for aggregate amounts of fifty dollars or
less in which case one hundred per cent shall be paid. The funds may
be deposited by the director in the state treasury to the credit of
the unclaimed funds trust fund, which is hereby created, or placed
with a financial organization. Any interest earned on money in the
trust fund shall be credited to the trust fund. The remainder of the
aggregate amount of unclaimed funds as shown on the report, plus
earnings accrued to date of payment to the director, shall, at the
option of the director, be retained by the holder or paid to the
director for deposit as agent for the mortgage funds with a financial
organization as defined in section 169.01 of the Revised Code, with
the funds to be in income-bearing accounts to the credit of the
mortgage funds, or the holder may enter into an agreement with the
director specifying the obligations of the United States in which
funds are to be invested, and agree to pay the interest on the
obligations to the state. Holders retaining any funds not in
obligations of the United States shall enter into an agreement with
the director specifying the classification of income-bearing account
in which the funds will be held and pay the state interest on the
funds at a rate equal to the prevailing market rate for similar
funds. Moneys that the holder is required to pay to the director
rather than to retain may be deposited with the treasurer of state,
or placed with a financial organization.

Securities
and other intangible property transferred to the director shall,
within a reasonable time, be converted to cash and the proceeds
deposited as provided for other funds.

One-half
of the
The

funds
evidenced by agreements, in income-bearing accounts, or on deposit
with the treasurer of state shall be allocated on the records of the
director

to
the mortgage insurance fund created by section 122.561 of the Revised
Code. Out of the remaining half
,
after allocation of sufficient moneys to the minority business
bonding fund to meet the provisions of division (B) of this section,

the
remainder shall be allocated on the records of the director
to
the housing development fund created by division (A) of section
175.11 of the Revised Code.

(B)
The director shall serve as agent for the director of development and
as agent for the Ohio housing finance agency in making deposits and
withdrawals and maintaining records pertaining to the minority
business bonding fund created by section 122.88 of the Revised Code
,
the mortgage insurance fund,

and the housing development fund created by section 175.11 of the
Revised Code.
Funds
from the mortgage insurance fund are available to the director of
development when those funds are to be disbursed to prevent or cure,
or upon the occurrence of, a default of a mortgage insured pursuant
to section 122.451 of the Revised Code.
Funds
from the housing development fund are available upon request to the
Ohio housing finance agency, in an amount not to exceed the funds
allocated on the records of the director, for the purposes of section
175.05 of the Revised Code. Funds from the minority business bonding
fund are available to the director of development upon request to pay
obligations on bonds the director writes pursuant to section 122.88
of the Revised Code; except that, unless the general assembly
authorizes additional amounts, the total maximum amount of moneys
that may be allocated to the minority business bonding fund under
this division is ten million dollars.

When
funds are to be disbursed, the appropriate agency shall call upon the
director to transfer the necessary funds to it. The director shall
first withdraw the funds paid by the holders and deposited with the
treasurer of state or in a financial institution as agent for the
funds. Whenever these funds are inadequate to meet the request, the
director shall provide for a withdrawal of funds, within a reasonable
time and in the amount necessary to meet the request, from financial
institutions in which the funds were retained or placed by a holder
and from other holders who have retained funds, in an equitable
manner as the director prescribes. In the event that the amount to be
withdrawn from any one holder is less than five hundred dollars, the
amount to be withdrawn is at the director's discretion. The director
shall then transfer to the agency the amount of funds requested.

Funds
deposited in the unclaimed funds trust fund are subject to call by
the director when necessary to pay claims the director allows under
section 169.08 of the Revised Code, in accordance with the director's
rules, to defray the necessary costs of making publications this
chapter requires and to pay other operating and administrative
expenses the department of commerce incurs in the administration and
enforcement of this chapter.

The
unclaimed funds trust fund shall be assessed a proportionate share of
the administrative costs of the department of commerce in accordance
with procedures the director of commerce prescribes. The assessment
shall be paid from the unclaimed funds trust fund to the division of
administration fund.

(C)
Earnings on the accounts in financial organizations to the credit of
the mortgage funds shall, at the option of the financial
organization, be credited to the accounts at times and at rates as
earnings are paid on other accounts of the same classification held
in the financial organization or paid to the director. The director
shall be notified annually, and at other times as the director may
request, of the amount of the earnings credited to the accounts.
Interest on unclaimed funds a holder retains shall be paid to the
director or credited as specified in the agreement under which the
organization retains the funds. Interest payable to the director
under an agreement to invest unclaimed funds in income-bearing
accounts or obligations of the United States shall be paid annually
by the holder to the director. Any earnings or interest the director
receives under this division shall be deposited in and credited to
the mortgage funds.

Sec.
169.08.
(A)

The

Except
as otherwise provided in division (I) of this section, the
director

of
commerce
shall
pay to the owner or other person who has established the right to
payment under this section, funds from the unclaimed funds trust fund
in an amount equal to the amount of property delivered or reported to
the director, or equal to the net proceeds if the securities or other
property have been sold, together with interest earned by the state
if required to be paid under division (D) of this section. Any person
claiming a property interest in unclaimed funds delivered or reported
to the state under Chapter 169. of the Revised Code, including the
office of child support in the department of job and family services,
pursuant to section 3123.88 of the Revised Code, may file a claim
thereto on the form prescribed by the director

of
commerce
.

(B)
The director shall consider matters relevant to any claim filed under
division (A) of this section and shall hold a formal hearing if
requested or considered necessary and receive evidence concerning
such claim. A finding and decision in writing on each claim filed
shall be prepared, stating the substance of any evidence received or
heard and the reasons for allowance or disallowance of the claim. The
evidence and decision shall be a public record.
No

Except
as otherwise provided in division (I) of this section, no
statute
of limitations shall bar the allowance of a claim.

(C)
For the purpose of conducting any hearing, the director may require
the attendance of such witnesses and the production of such books,
records, and papers as the director desires, and the director may
take the depositions of witnesses residing within or without this
state in the same manner as is prescribed by law for the taking of
depositions in civil actions in the court of common pleas, and for
that purpose the director may issue a subpoena for any witness or a
subpoena duces tecum to compel the production of any books, records,
or papers, directed to the sheriff of the county where such witness
resides or is found, which shall be served and returned. The fees of
the sheriff shall be the same as that allowed in the court of common
pleas in criminal cases. Witnesses shall be paid the fees and mileage
provided for under section 119.094 of the Revised Code. Fees and
mileage shall be paid from the unclaimed funds trust fund.

(D)

Interest

Except
as otherwise provided in division (I) of this section, interest

earned
by the state shall be payable to claimants of unclaimed funds held by
the state in accordance with final court orders derived from the
Sogg
v. Zurz
,
121 Ohio St.3d 449 (2009), line of cases and final settlement
agreement determining payment of interest on unclaimed funds. For
properties received by the state on or before July 26, 1991, interest
shall be paid at a rate of six per cent per annum from the date the
state received the property up to and including July 26, 1991. No
interest shall be payable on any properties for the period from July
27, 1991, up to and including August 2, 2000. For properties held by
the state on August 3, 2000, or after, interest shall be paid at the
applicable required rate per annum for the period held from August 3,
2000, or the date of receipt, whichever is later, up to and including
the date the claim is paid.

(E)
Claims shall be paid from the trust fund. If the amount available in
the trust fund is not sufficient to pay pending claims, or other
amounts disbursable from the trust fund, the treasurer of state shall
certify such fact to the director, who shall then withdraw such
amount of funds from the mortgage accounts as the director determines
necessary to reestablish the trust fund to a level required to pay
anticipated claims but not more than ten per cent of the net
unclaimed funds reported to date.

The
director may withdraw the funds paid to the director by the holders
and deposited by the director with the treasurer of state or in a
financial institution as agent for such funds. Whenever these funds
are inadequate to meet the requirements for the trust fund, the
director shall provide for a withdrawal of funds, within a reasonable
time, in such amount as is necessary to meet the requirements, from
financial institutions in which such funds were retained or placed by
a holder and from other holders who have retained funds, in an
equitable manner as prescribed by the director. In the event that the
amount to be withdrawn from any one such holder is less than five
hundred dollars, the amount to be withdrawn shall be at the
discretion of the director. Such funds may be reimbursed in the
amounts withdrawn when the trust fund has a surplus over the amount
required to pay anticipated claims. Whenever the trust fund has a
surplus over the amount required to pay anticipated claims, the
director may transfer such surplus to the mortgage accounts.

(F)(1)
If a claim which is allowed under this section relates to funds which
have been retained by the reporting holder, and if the funds, on
deposit with the treasurer of state pursuant to this chapter, are
insufficient to pay claims, the director may notify such holder in
writing of the payment of the claim and such holder shall immediately
reimburse the state in the amount of such claim. The reimbursement
shall be credited to the unclaimed funds trust fund.

(2)
If a claim that is allowed under this section relates to attorney
unclaimed funds that have been recovered by the Ohio access to
justice foundation, pursuant to division (A) of section 169.052 of
the Revised Code and division (A) of this section, the director shall
notify the Ohio access to justice foundation in writing of the
payment of the claim and the Ohio access to justice foundation shall
immediately reimburse the unclaimed funds trust fund in the amount of
such claim inclusive of interest as required by division (D) of this
section. The reimbursement shall be credited to the unclaimed funds
trust fund.

(G)
Any person, including the office of child support, adversely affected
by a decision of the director may appeal such decision in the manner
provided in Chapter 119. of the Revised Code.

In
the event the claimant prevails, the claimant shall be reimbursed for
reasonable attorney's fees and costs.

(H)
Notwithstanding anything to the contrary in this chapter, any holder
who has paid moneys to or entered into an agreement with the director
pursuant to section 169.05 of the Revised Code on certified checks,
cashiers' checks, bills of exchange, letters of credit, drafts, money
orders, or travelers' checks, may make payment to any person entitled
thereto, including the office of child support, and upon surrender of
the document, except in the case of travelers' checks, and proof of
such payment, the director shall reimburse the holder for such
payment without interest.

(I)(1)
Unclaimed funds and interest earned thereon that are first reported
to the director under section 169.03 of the Revised Code on or before
January 1, 2016, are deemed abandoned and escheat to the state on
January 1, 2026, if no valid claim is filed by the owner or another
person claiming a right to payment on or before that date.

(2)
Unclaimed funds and interest first reported to the director after
January 1, 2016, are deemed abandoned and escheat to the state on the
tenth anniversary of that reporting date if no valid claim is filed
by the owner or another person claiming a right to payment on or
before the tenth anniversary of that reporting date.

(3)(a)
All property rights, legal title to, and ownership of unclaimed funds
and interest vest solely in the state on the date the unclaimed funds
and interest are deemed abandoned and escheat to the state.

(b)
Notwithstanding division (I)(3)(a) of this section, the former owner
or other person claiming a property interest in unclaimed funds that
are deemed abandoned and escheat to the state may file a claim for
payment of an equivalent amount, together with interest earned by the
state if required under division (D) of this section, at any time on
or before January 1, 2036. Upon providing sufficient proof of the
validity of the owner's or other person's claim, the director shall
pay the claim less any expenses and costs incurred by the state in
securing full title and ownership of the unclaimed funds.

(c)
If payment is made on a claim under division (I)(3)(b) of this
section, no action thereafter shall be maintained by any other
claimant against the state for or on account of the payment of the
claim.

(d)
The director shall pay claims under division (I)(3)(b) of this
section from the unclaimed funds trust fund and shall not seek
reimbursement for such claims from the Ohio cultural and sports
facility performance grant fund created under section 123.282 of the
Revised Code or deduct the amount of such claims from future
remissions to that fund required by division (I)(4) of this section.

(e)
Any claim filed after the date the unclaimed funds and interest are
deemed abandoned and escheat to the state and after January 1, 2036,
is void.

(4)
On the first days of January and July each year, beginning in 2026,
the director shall remit or cause to be remitted all unclaimed funds
and interest that are deemed abandoned and escheat to the state to
the state treasury to the credit of the Ohio cultural and sports
facility performance grant fund created under section 123.282 of the
Revised Code. The director shall notify the director of budget and
management of all funds and interest remitted under this division.

(5)
If unclaimed funds and interest that are deemed abandoned and escheat
to the state are retained or invested by a holder pursuant to an
agreement under division (A) of section 169.05 of the Revised Code,
the director shall notify the holder and the holder shall pay the
funds and interest to the director in a form and manner determined by
the director.

(6)
The director of commerce shall develop guidelines and procedures to
implement division (I) of this section including procedures
addressing both of the following:

(a)
Repayment of unclaimed funds and interest that are invested in
non-liquid assets;

(b)
Ensuring that the balance of the unclaimed funds trust fund is
sufficient to meet the state's financial obligations under this
chapter.

Sec.
169.13.
(A)(1)
All agreements to pay a fee, compensation, commission, or other
remuneration to locate, deliver, recover, or assist in the recovery
of unclaimed funds reported under section 169.03 of the Revised Code,
entered into within two years immediately after the date a report is
filed under division (D) of section 169.03 of the Revised Code, are
invalid.

(2)
A person interested in entering into an agreement to locate, deliver,
recover, or assist in the recovery of unclaimed funds for
remuneration shall not initiate any contact with an owner during the
two-year period immediately after the date a report is filed under
division (D) of section 169.03 of the Revised Code. Failure to comply
with this requirement is grounds for the invalidation of any such
agreement between the person and the owner.

(B)
An agreement entered into any time after such two-year period is
valid only if all of the following conditions are met:

(1)
The aggregate fee, compensation, commission, or other remuneration
agreed upon is not in excess of ten per cent of the amount recovered
and paid to the owner by the director of budget and management;

(2)
The agreement is in writing, signed by the owner, and notarized and
discloses all of the following items:

(a)
The name, address, and telephone number of the owner, as shown by the
records of the person or entity in possession of the unclaimed funds
or contents of a safe deposit box;

(b)
The name, address, and telephone number of the owner if the owner's
name, address, or telephone number are different from the name,
address, or telephone number of the owner as shown by the records of
the person or entity in possession of the unclaimed funds or contents
of a safe deposit box;

(c)
The nature and value of the unclaimed funds or contents of a safe
deposit box;

(d)
The amount the owner will receive after the fee or compensation has
been subtracted;

(e)
The name and address of the person or entity in possession of the
unclaimed funds or contents of a safe deposit box;

(f)
That the director of budget and management will pay the unclaimed
funds directly to the owner or the director of commerce shall deliver
the contents of a safe deposit box directly to the owner;

(g)
That the person agreeing to locate, deliver, recover, or assist in
the recovery of the unclaimed funds or contents of a safe deposit box
is not an employee or agent of the director of commerce;

(h)
That the director of commerce is not a party to the agreement;

(i)
That the person agreeing to locate, deliver, recover, or assist in
the recovery of the unclaimed funds or contents of a safe deposit box
holds a valid certificate of registration issued by the director
under section 169.16 of the Revised Code;

(j)
The number designated on that certificate of registration and the
date the certificate of registration expires.

(3)
No agreement described in division (B)(2) of this section shall
include a power of attorney for the payment of the unclaimed funds or
delivery of the contents of a safe deposit box to any person other
than the owner of the unclaimed funds or contents of a safe deposit
box.

(4)
If the agreement involves recovery of the contents of a safe deposit
box, the agreement stipulates that the person receiving any fee,
compensation, commission, or other remuneration for engaging in any
activity for the purpose of locating, delivering, recovering, or
assisting in the recovery of unclaimed funds or other items stored in
a safe deposit box on behalf of any other person shall do all of the
following:

(a)
Make arrangements to have an appraiser and the director of commerce
view the contents of the safe deposit box together, at a time
mutually agreeable to the appraiser and director;

(b)
State that the value of the property in the safe deposit box is the
amount established by the appraiser who viewed the safe deposit box
contents;

(c)
Base the fee, compensation, commission, or other remuneration for
locating, delivering, recovering, or assisting in the recovery of
unclaimed funds or other items stored in a safe deposit box on the
appraised value established by the appraiser who viewed the safe
deposit box contents.

(C)
No person shall receive a fee, compensation, commission, or other
remuneration, or engage in any activity for the purpose of locating,
delivering, recovering, or assisting in the recovery of unclaimed
funds or contents of a safe deposit box, under an agreement that is
invalid under this section.

(D)
A person who receives any fee, compensation, commission, or other
remuneration for engaging in any activity for the purpose of
locating, delivering, recovering, or assisting in the recovery of
unclaimed funds or other items stored in a safe deposit box on behalf
of any other person cannot function as an appraiser of the contents
of the safe deposit box for purposes of division (B)(4) of this
section.

(E)
The director shall not recognize or make any delivery and the
auditor
of state
office
of budget and management
shall
not make any payment pursuant to any power of attorney between an
owner of the unclaimed funds or contents of a safe deposit box and
the person with whom the owner entered into an agreement pursuant to
division (B)(2) of this section to locate, deliver, recover, or
assist in the recovery of the unclaimed funds or contents of a safe
deposit box if that power of attorney is entered into on or after
March 23, 2007, and that power of attorney specifically provides for
the payment of unclaimed funds or delivery of the contents of a safe
deposit box to any person other than the owner of the unclaimed funds
or contents of a safe deposit box. Nothing in this section shall be
construed as prohibiting the payment of unclaimed funds or delivery
of the contents of a safe deposit box to the legal representative of
the owner of the unclaimed funds or contents of the safe deposit box.
Notwithstanding the definition of "owner" specified in
division (C) of section 169.01 of the Revised Code, for purposes of
the payment of unclaimed funds or delivery of the contents of the
safe deposit box, a person with whom an owner entered into an
agreement under division (B)(2) of this section is not a legal
representative.

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

(1)
"Applicant" means a person who is under final consideration
for employment with a responsible party in a full-time, part-time, or
temporary direct-care position or is referred to a responsible party
by an employment service for such a position. "Applicant"
does not include a person being considered for a direct-care position
as a volunteer.

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

(3)

"Chief
administrator of a responsible party" includes a consumer when
the consumer is a responsible party.

(4)

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

(5)
(4)

"Consumer" means an individual who receives community-based
long-term care services.

(6)
(5)

"Criminal records check" has the same meaning as in section
109.572 of the Revised Code.

(7)(a)
(6)(a)

"Direct-care position" means an employment position in
which an employee has either or both of the following:

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

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

(b)
"Direct-care position" does not include
a

any
of the following:

(i)
A
person
whose sole duties are transporting individuals under Chapter 306. of
the Revised Code
;

(ii)
An attorney licensed to practice law in this state;

(iii)
A person who is not licensed to practice law in this state, but, at
the direction of an attorney licensed to practice law in this state,
assists the attorney in the attorney's provision of legal services
.

(8)
(7)

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

(9)
(8)

"Employee" means a person employed by a responsible party
in a full-time, part-time, or temporary direct-care position and a
person who works in such a position due to being referred to a
responsible party by an employment service. "Employee" does
not include a person who works in a direct-care position as a
volunteer.

(10)
(9)

"PASSPORT administrative agency" has the same meaning as in
section 173.42 of the Revised Code.

(11)
(10)

"Provider" has the same meaning as in section 173.39 of the
Revised Code.

(12)
(11)

"Responsible party" means the following:

(a)
An area agency on aging in the case of either of the following:

(i)
A person who is an applicant because the person is under final
consideration for employment with the agency in a full-time,
part-time, or temporary direct-care position or is referred to the
agency by an employment service for such a position;

(ii)
A person who is an employee because the person is employed by the
agency in a full-time, part-time, or temporary direct-care position
or works in such a position due to being referred to the agency by an
employment service.

(b)
A PASSPORT administrative agency in the case of either of the
following:

(i)
A person who is an applicant because the person is under final
consideration for employment with the agency in a full-time,
part-time, or temporary direct-care position or is referred to the
agency by an employment service for such a position;

(ii)
A person who is an employee because the person is employed by the
agency in a full-time, part-time, or temporary direct-care position
or works in such a position due to being referred to the agency by an
employment service.

(c)
A provider in the case of either of the following:

(i)
A person who is an applicant because the person is under final
consideration for employment with the provider in a full-time,
part-time, or temporary direct-care position or is referred to the
provider by an employment service for such a position;

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

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

(i)
A person who is an applicant because the person is under final
consideration for employment with the subcontractor in a full-time,
part-time, or temporary direct-care position or is referred to the
subcontractor by an employment service for such a position;

(ii)
A person who is an employee because the person is employed by the
subcontractor in a full-time, part-time, or temporary direct-care
position or works in such a position due to being referred to the
subcontractor by an employment service.

(e)
A consumer in the case of either of the following:

(i)
A person who is an applicant because the person is under final
consideration for employment with the consumer in a full-time,
part-time, or temporary direct-care position for which the consumer,
as the employer of record, is to direct the person in the provision
of community-based long-term care services the person is to provide
the consumer or is referred to the consumer by an employment service
for such a position;

(ii)
A person who is an employee because the person is employed by the
consumer in a full-time, part-time, or temporary direct-care position
for which the consumer, as the employer of record, directs the person
in the provision of community-based long-term care services the
person provides to the consumer or who works in such a position due
to being referred to the consumer by an employment service.

(13)
(12)

"Subcontractor" has the meaning specified in rules adopted
under this section.

(14)
(13)

"Volunteer" means a person who serves in a direct-care
position without receiving or expecting to receive any form of
remuneration other than reimbursement for actual expenses.

(15)
(14)

"Waiver agency" has the same meaning as in section 5164.342
of the Revised Code.

(B)
This section does not apply to any
individual

of
the following:

(1)
A person
who
is subject to a database review or criminal records check under
section 173.381 or 3740.11 of the Revised Code

or
to any individual
;

(2)
A person
who
is subject to a criminal records check under section 3721.121 of the
Revised Code
;

(3)
A participant-directed provider, but only if the director of aging
has conducted a database review of the provider in the same manner
that other database reviews are conducted under this section;

(4)
An ambulette driver employed by an organization licensed under
Chapter 4766. of the Revised Code
.

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

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

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

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

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

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

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

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

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

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

(E)
As a condition of employing any applicant in a direct-care position,
the chief administrator of a responsible party shall conduct a
database review of the applicant in accordance with rules adopted
under this section. If rules adopted under this section so require,
the chief administrator of a responsible party shall conduct a
database review of an employee in accordance with the rules as a
condition of continuing to employ the employee in a direct-care
position. However, a chief administrator is not required to conduct a
database review of an applicant or employee if division (G) of this
section applies. A database review shall determine whether the
applicant or employee is included in any of the following:

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

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

(3)
The registry of developmental disabilities employees established
under section 5123.52 of the Revised Code;

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

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

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

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

(F)(1)
As a condition of employing any applicant in a direct-care position,
the chief administrator of a responsible party shall request that the
superintendent of the bureau of criminal identification and
investigation conduct a criminal records check of the applicant. If
rules adopted under this section so require, the chief administrator
of a responsible party shall request that the superintendent conduct
a criminal records check of an employee at times specified in the
rules as a condition of continuing to employ the employee in a
direct-care position. However, the chief administrator is not
required to request the criminal records check of the applicant or
employee if division (G) of this section applies or the responsible
party is prohibited by division (C)(1) of this section from employing
the applicant or continuing to employ the employee in a direct-care
position. If an applicant or employee for whom a criminal records
check request is required by this section does not present proof of
having been a resident of this state for the five-year period
immediately prior to the date the criminal records check is requested
or provide evidence that within that five-year period the
superintendent has requested information about the applicant or
employee from the federal bureau of investigation in a criminal
records check, the chief administrator shall request that the
superintendent obtain information from the federal bureau of
investigation as part of the criminal records check. Even if an
applicant or employee for whom a criminal records check request is
required by this section presents proof of having been a resident of
this state for the five-year period, the chief administrator may
request that the superintendent include information from the federal
bureau of investigation in the criminal records check.

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

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

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

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

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

(a)
The responsible party notifies the applicant at the time of initial
application for employment of the amount of the fee and that, unless
the fee is paid, the applicant will not be considered for employment.

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

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

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

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

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

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

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

(a)
The chief administrator of the responsible party requests the
criminal records check in accordance with division (F) of this
section before conditionally employing the applicant.

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

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

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

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

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

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

(3)
A responsible party that employs an applicant conditionally pursuant
to division (H)(1)(a) or (b) of this section shall terminate the
applicant's employment if the results of the criminal records check,
other than the results of any request for information from the
federal bureau of investigation, are not obtained within the period
ending sixty days after the date the request for the criminal records
check is made. Regardless of when the results of the criminal records
check are obtained, if the results indicate that the applicant has
been convicted of, pleaded guilty to, or been found eligible for
intervention in lieu of conviction for a disqualifying offense, the
responsible party shall terminate the applicant's employment unless
the applicant meets standards specified in rules adopted under this
section that permit the responsible party to employ the applicant and
the responsible party chooses to employ the applicant. Termination of
employment under this division shall be considered just cause for
discharge for purposes of division (D)(2) of section 4141.29 of the
Revised Code if the applicant makes any attempt to deceive the
responsible party about the applicant's criminal record.

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

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

(2)
The chief administrator of the responsible party requesting the
criminal records check or the administrator's representative;

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

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

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

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

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

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

(c)
The criminal records check is requested by a consumer who is acting
as a responsible party
.

(7)
A court or hearing officer involved in a case dealing with any of the
following:

(a)
A denial of employment of the applicant or employee;

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

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

(8)
Pursuant to a lawful subpoena or valid court order, any necessary
individual not identified in division (I)(7) of this section who is
involved in a case dealing with any issue, matter, or action
described in division (I)(7)(a), (b), or (c) of this section.

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

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

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

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

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

(1)
The rules may do the following:

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

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

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

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

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

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

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

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

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

Sec.
173.381.
(A)
As used in this section:

(1)
"Community-based long-term care services" means
community-based long-term care services, as defined in section 173.14
of the Revised Code, that are provided under a program the department
of aging administers.

(2)
"Community-based long-term care services certificate" means
a certificate issued under section 173.391 of the Revised Code.

(3)
"Community-based long-term care services contract or grant"
means a contract or grant awarded under section 173.392 of the
Revised Code.

(4)
"Criminal records check" has the same meaning as in section
109.572 of the Revised Code.

(5)
"Disqualifying offense" means any of the offenses listed or
described in divisions (A)(3)(a) to (e) of section 109.572 of the
Revised Code.

(6)
"Provider" has the same meaning as in section 173.39 of the
Revised Code.

(7)
"Self-employed provider" means a provider who works for the
provider's self and has no employees.

(B)
This section does not apply to any
individual
who is subject to a database review or criminal records check under

of
the following:

(1)
An applicant as defined in
section
3740.11 of the Revised Code

or
an employee as defined in section 3740.01 of the Revised Code;

(2)
An ambulette driver employed by an organization licensed under
Chapter 4766. of the Revised Code;

(3)
An attorney licensed to practice law in this state;

(4)
A person who is not licensed to practice law in this state, but who,
at the direction of an attorney licensed to practice law in this
state, assists the attorney in the attorney's provision of legal
services
.

(C)(1)
The department of aging or its designee shall take the following
actions when the circumstances specified in division (C)(2) of this
section apply:

(a)
Refuse to issue a community-based long-term care services certificate
to a self-employed provider;

(b)
Revoke a self-employed provider's community-based long-term care
services certificate;

(c)
Refuse to award a community-based long-term care services contract or
grant to a self-employed provider;

(d)
Terminate a self-employed provider's community-based long-term care
services contract or grant awarded on or after September 15, 2014.

(2)
The following are the circumstances that require the department of
aging or its designee to take action under division (C)(1) of this
section:

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

(i)
That the self-employed provider is included in one or more of the
databases listed in divisions (E)(1) to (5) of this section;

(ii)
That there is in the state nurse aide registry established under
section 3721.32 of the Revised Code a statement detailing findings by
the director of health that the self-employed provider abused,
neglected, or exploited a long-term care facility or residential care
facility resident or misappropriated property of such a resident;

(iii)
That the self-employed provider is included in one or more of the
databases, if any, specified in rules adopted under this section and
the rules require the department or its designee to take action under
division (C)(1) of this section if a self-employed provider is
included in such a database.

(b)
After the self-employed provider is provided, pursuant to division
(F)(2)(a) of this section, a copy of the form prescribed pursuant to
division (C)(1) of section 109.572 of the Revised Code and the
standard impression sheet prescribed pursuant to division (C)(2) of
that section, the self-employed provider fails to complete the form
or provide the self-employed provider's fingerprint impressions on
the standard impression sheet.

(c)
Unless the self-employed provider meets standards specified in rules
adopted under this section, the self-employed provider is found by a
criminal records check required by this section to have been
convicted of, pleaded guilty to, or been found eligible for
intervention in lieu of conviction for a disqualifying offense.

(D)
The department of aging or its designee shall inform each
self-employed provider of both of the following at the time of the
self-employed provider's initial application for a community-based
long-term care services certificate or initial bid for a
community-based long-term care services contract or grant:

(1)
That a review of the databases listed in division (E) of this section
will be conducted to determine whether the department or its designee
is required by division (C) of this section to refuse to issue or
award a community-based long-term care services certificate or
community-based long-term care services contract or grant to the
self-employed provider;

(2)
That, unless the database review reveals that the department or its
designee is required to refuse to issue or award a community-based
long-term care services certificate or community-based long-term care
services contract or grant to the self-employed provider, a criminal
records check of the self-employed provider will be conducted and the
self-employed provider is required to provide a set of the
self-employed provider's fingerprint impressions as part of the
criminal records check.

(E)
As a condition of issuing or awarding a community-based long-term
care services certificate or community-based long-term care services
contract or grant to a self-employed provider, the department of
aging or its designee shall conduct a database review of the
self-employed provider in accordance with rules adopted under this
section. If rules adopted under this section so require, the
department or its designee shall conduct a database review of a
self-employed provider in accordance with the rules as a condition of
not revoking or terminating the self-employed provider's
community-based long-term care services certificate or
community-based long-term care services contract or grant. A database
review shall determine whether the self-employed provider is included
in any of the following:

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

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

(3)
The registry of developmental disabilities employees established
under section 5123.52 of the Revised Code;

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

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

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

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

(F)(1)
As a condition of issuing or awarding a community-based long-term
care services certificate or community-based long-term care services
contract or grant to a self-employed provider, the department of
aging or its designee shall request that the superintendent of the
bureau of criminal identification and investigation conduct a
criminal records check of the self-employed provider. If rules
adopted under this section so require, the department or its designee
shall request that the superintendent conduct a criminal records
check of a self-employed provider at times specified in the rules as
a condition of not revoking or terminating the self-employed
provider's community-based long-term care services certificate or
community-based long-term care services contract or grant. However,
the department or its designee is not required to request the
criminal records check of the self-employed provider if the
department or its designee, because of circumstances specified in
division (C)(2)(a) of this section, is required to refuse to issue or
award a community-based long-term care services certificate or
community-based long-term care services contract or grant to the
self-employed provider or to revoke or terminate the self-employed
provider's certificate or contract or grant.

If
a self-employed provider for whom a criminal records check request is
required by this section does not present proof of having been a
resident of this state for the five-year period immediately prior to
the date the criminal records check is requested or provide evidence
that within that five-year period the superintendent has requested
information about the self-employed provider from the federal bureau
of investigation in a criminal records check, the department or its
designee shall request that the superintendent obtain information
from the federal bureau of investigation as part of the criminal
records check. Even if a self-employed provider for whom a criminal
records check request is required by this section presents proof of
having been a resident of this state for the five-year period, the
department or its designee may request that the superintendent
include information from the federal bureau of investigation in the
criminal records check.

(2)
The department or its designee shall do all of the following:

(a)
Provide to each self-employed provider for whom a criminal records
check request is required by this section a copy of the form
prescribed pursuant to division (C)(1) of section 109.572 of the
Revised Code and a standard impression sheet prescribed pursuant to
division (C)(2) of that section;

(b)
Obtain the completed form and standard impression sheet from the
self-employed provider;

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

(3)
The department or its designee shall pay to the bureau of criminal
identification and investigation the fee prescribed pursuant to
division (C)(3) of section 109.572 of the Revised Code for each
criminal records check of a self-employed provider the department or
its designee requests under this section. The department or its
designee may charge the self-employed provider a fee that does not
exceed the amount the department or its designee pays to the bureau.

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

(1)
The self-employed provider or the self-employed provider's
representative;

(2)
The department of aging, the department's designee, or a
representative of the department or its designee;

(3)
The medicaid director and the staff of the department of medicaid who
are involved in the administration of the medicaid program if the
self-employed provider is to provide, or provides, community-based
long-term care services under a component of the medicaid program
that the department of aging administers;

(4)
A court or hearing officer involved in a case dealing with any of the
following:

(a)
A refusal to issue or award a community-based long-term services
certificate or community-based long-term care services contract or
grant to the self-employed provider;

(b)
A revocation or termination of the self-employed provider's
community-based long-term care services certificate or
community-based long-term care services contract or grant;

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

(5)
Pursuant to a lawful subpoena or valid court order, any necessary
individual not identified in division (G)(4) of this section who is
involved in a case dealing with any issue, matter, or action
described in division (G)(4)(a), (b), or (c) of this section.

(H)
In a tort or other civil action for damages that is brought as the
result of an injury, death, or loss to person or property caused by a
self-employed provider, both of the following shall apply:

(1)
If the department of aging or its designee, in good faith and
reasonable reliance on the report of a criminal records check
requested under this section, issued or awarded a community-based
long-term care services certificate or community-based long-term care
services contract or grant to the self-employed provider or did not
revoke or terminate the self-employed provider's certificate or
contract or grant, the department and its designee shall not be found
negligent solely because of its reliance on the report, even if the
information in the report is determined later to have been incomplete
or inaccurate.

(2)
If the department or its designee in good faith issued or awarded a
community-based long-term care services certificate or
community-based long-term care services contract or grant to the
self-employed provider or did not revoke or terminate the
self-employed provider's certificate or contract or grant because the
self-employed provider meets standards specified in rules adopted
under this section, the department and its designee shall not be
found negligent solely because the self-employed provider has been
convicted of, pleaded guilty to, or been found eligible for
intervention in lieu of conviction for a disqualifying offense.

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

(1)
The rules may do the following:

(a)
Require self-employed providers who have been issued or awarded
community-based long-term care services certificates or
community-based long-term care services contracts or grants to
undergo database reviews and criminal records checks under this
section;

(b)
If the rules require self-employed providers who have been issued or
awarded community-based long-term care services certificates or
community-based long-term care services contracts or grants to
undergo database reviews and criminal records checks under this
section, exempt one or more classes of such self-employed providers
from the requirements;

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

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

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

(b)
If the rules require self-employed providers who have been issued or
awarded community-based long-term care services certificates or
community-based long-term care services contracts or grants to
undergo database reviews and criminal records checks under this
section, the times at which the database reviews and criminal records
checks are to be conducted;

(c)
If the rules specify other databases to be checked as part of the
database reviews, the circumstances under which the department of
aging or its designee is required to refuse to issue or award a
community-based long-term care services certificate or
community-based long-term care services contract or grant to a
self-employed provider or to revoke or terminate a self-employed
provider's certificate or contract or grant when the self-employed
provider is found by a database review to be included in one or more
of those databases;

(d)
Standards that a self-employed provider must meet for the department
or its designee to be permitted to issue or award a community-based
long-term care services certificate or community-based long-term care
services contract or grant to the self-employed provider or not to
revoke or terminate the self-employed provider's certificate or
contract or grant if the self-employed provider is found by a
criminal records check required by this section to have been
convicted of, pleaded guilty to, or been found eligible for
intervention in lieu of conviction for a disqualifying offense.

Sec.
173.391.
(A)
Subject to section 173.381 of the Revised Code and except as provided
in division (I) of this section, the department of aging or its
designee shall do all of the following in accordance with Chapter
119. of the Revised Code:

(1)
Certify a provider to provide services, including community-based
long-term care services, under a program the department administers
if the provider satisfies the requirements for certification
established by rules adopted under division (B) of this section and
pays the fee, if any, established by rules adopted under division (G)
of this section;

(2)
When required to do so by rules adopted under division (B) of this
section, take one or more of the following disciplinary actions
against a provider certified under division (A)(1) of this section:

(a)
Issue a written warning;

(b)
Require the submission of
both
of the following:
a
plan of correction
or

and

evidence
of compliance with requirements identified by the department;

(c)
Suspend referrals;

(d)
Remove clients;

(e)
Impose a fiscal sanction such as a civil monetary penalty or an order
that unearned funds be repaid;

(f)
Suspend the certification;

(g)
Revoke the certification;

(h)
Impose another sanction.

(3)
Except as provided in division (E) of this section, hold hearings
when there is a dispute between the department or its designee and a
provider concerning actions the department or its designee takes
regarding a decision not to certify the provider under division
(A)(1) of this section or a disciplinary action under divisions
(A)(2)(e) to (h) of this section.

(B)
The director of aging shall adopt rules in accordance with Chapter
119. of the Revised Code establishing certification requirements and
standards for determining which type of disciplinary action to take
under division (A)(2) of this section in individual situations. The
rules shall establish procedures for all of the following:

(1)
Ensuring that providers comply with sections 173.38 and 173.381 of
the Revised Code;

(2)
Evaluating the services provided by the providers to ensure that the
services are provided in a quality manner advantageous to the
individual receiving the services;

(3)
In a manner consistent with section 173.381 of the Revised Code,
determining when to take disciplinary action under division (A)(2) of
this section and which disciplinary action to take;

(4)
Determining what constitutes another sanction for purposes of
division (A)(2)(h) of this section.

(C)
The procedures established in rules adopted under division (B)(2) of
this section shall require that all of the following be considered as
part of an evaluation described in division (B)(2) of this section:

(1)
The provider's experience and financial responsibility;

(2)
The provider's ability to comply with standards for the services,
including community-based long-term care services, that the provider
provides under a program the department administers;

(3)
The provider's ability to meet the needs of the individuals served;

(4)
Any other factor the director considers relevant.

(D)
The rules adopted under division (B)(3) of this section shall specify
that the reasons disciplinary action may be taken under division
(A)(2) of this section include good cause, including misfeasance,
malfeasance, nonfeasance, confirmed abuse or neglect, financial
irresponsibility, or other conduct the director determines is
injurious, or poses a threat, to the health or safety of individuals
being served.

(E)
Subject to division (F) of this section, the department is not
required to hold hearings under division (A)(3) of this section if
any of the following conditions apply:

(1)
Rules adopted by the director of aging pursuant to this chapter
require the provider to be a party to a provider agreement; hold a
license, certificate, or permit; or maintain a certification, any of
which is required or issued by a state or federal government entity
other than the department of aging, and either of the following is
the case:

(a)
The provider agreement has not been entered into or the license,
certificate, permit, or certification has not been obtained or
maintained.

(b)
The provider agreement, license, certificate, permit, or
certification has been denied, revoked, not renewed, or suspended or
has been otherwise restricted.

(2)
The provider's certification under this section has been denied,
suspended, or revoked for any of the following reasons:

(a)
A government entity of this state, other than the department of
aging, has terminated or refused to renew any of the following held
by, or has denied any of the following sought by, a provider: a
provider agreement, license, certificate, permit, or certification.
Division (E)(2)(a) of this section applies regardless of whether the
provider has entered into a provider agreement in, or holds a
license, certificate, permit, or certification issued by, another
state.

(b)
The provider or a principal owner or manager of the provider who
provides direct care has entered a guilty plea for, or has been
convicted of, an offense materially related to the medicaid program.

(c)

A

The
provider or a
principal
owner or manager of the provider who provides direct care has entered
a guilty plea for, been convicted of, or been found eligible for
intervention in lieu of conviction for an offense listed or described
in divisions (A)(3)(a) to (e) of section 109.572 of the Revised Code,
but only if the provider, principal owner, or manager does not meet
standards specified by the director in rules adopted under section
173.38 of the Revised Code.

(d)
The department or its designee is required by section 173.381 of the
Revised Code to deny or revoke the provider's certification.

(e)
The United States department of health and human services has taken
adverse action against the provider and that action impacts the
provider's participation in the medicaid program.

(f)
The provider has failed to enter into or renew a provider agreement
with
either
of the following: the department or
the
PASSPORT administrative agency, as that term is defined in section
173.42 of the Revised Code, that administers programs on behalf of
the department of aging in the region of the state in which the
provider is certified to provide services.

(g)
The provider has not billed or otherwise submitted a claim to the
department for payment under the medicaid program in at least two
years.

(h)
The provider denied or failed to provide the department or its
designee access to the provider's facilities during the provider's
normal business hours for purposes of conducting an audit or
structural compliance review.

(i)
The provider has ceased doing business.

(j)
The provider has voluntarily relinquished its certification for any
reason.

(3)
The provider's provider agreement with the department of medicaid has
been suspended under section 5164.36 of the Revised Code.

(4)
The provider's provider agreement with the department of medicaid is
denied or revoked because the provider or its owner, officer,
authorized agent, associate, manager, or employee has been convicted
of an offense that caused the provider agreement to be suspended
under section 5164.36 of the Revised Code.

(F)
If the department does not hold hearings when any condition described
in division (E) of this section applies, the department shall send a
notice to the provider describing a decision not to certify the
provider under division (A)(1) of this section or the disciplinary
action the department is taking under divisions (A)(2)(e) to (h) of
this section. The notice shall be sent to the provider's address that
is on record with the department and may be sent by regular
or
electronic
mail.

(G)
The director of aging may adopt rules in accordance with Chapter 119.
of the Revised Code establishing a fee to be charged by the
department of aging or its designee for certification issued under
division (A) of this section.

(H)
Any amounts collected by the department or its designee under this
section shall be deposited in the state treasury to the credit of the
provider certification fund, which is hereby created. Money credited
to the fund shall be used to pay for services, including
community-based long-term care services, to pay for administrative
costs associated with provider certification under this section, and
to pay for administrative costs related to the publication of the
Ohio long-term care consumer guide.

(I)
The director shall certify a provider in accordance with Chapter
4796. of the Revised Code if either of the following applies:

(1)
The provider is licensed or certified in another state.

(2)
The provider has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a provider of community-based long-term care services
under a state program in a state that does not issue that license or
certificate.

Sec.
173.50.
(A)
Pursuant to a contract entered into with the department of medicaid
as an interagency agreement under section 5162.35 of the Revised
Code, the department of aging shall carry out the day-to-day
administration of the component of the medicaid program known as the
program of all-inclusive care for the elderly or PACE. The department
of aging shall carry out its PACE administrative duties in accordance
with the provisions of the interagency agreement and all applicable
federal laws, including the "Social Security Act," section
1934, 42 U.S.C. 1396u-4.

(B)
To the extent authorized by rules authorized by section 5162.021 of
the Revised Code, the director of aging may adopt rules in accordance
with Chapter 119. of the Revised Code regarding the PACE program,
including rules establishing priorities for enrolling in the program
pursuant to
section

sections

173.501

and
173.503
of
the Revised Code. The rules shall address only those issues that are
not addressed in rules adopted by the medicaid director for the PACE
program.

Sec.
173.503.
The
department of aging shall seek to implement a presumptive eligibility
component to the PACE program, under which applicants for PACE may
receive services under the program during a temporary period, to
begin immediately upon application and a finding of presumptive
eligibility, while a PACE organization conducts a full eligibility
determination on behalf of the individual. If the individual is
determined to be ineligible for PACE, the PACE organization that
found the individual presumptively eligible shall be responsible for
the costs of PACE services provided to the individual during the
presumptive eligibility period.

Sec.
173.525.
(A)(1)
In addition to any other eligibility requirement of this chapter, to
be eligible to serve as a personal care aide under the PASSPORT
program, an individual must successfully complete thirty hours of
pre-service training acceptable to the department of aging.

To
maintain eligibility, each personal care aide must successfully
complete six hours of in-service training acceptable to the
department. Such training must be completed every twelve months.

(2)
In administering the PASSPORT program, the department shall not
require a personal care aide to do
either

any

of
the following:

(a)
Complete more than thirty hours of pre-service training;

(b)
Complete more than six hours of in-service training in a twelve-month
period
.

(B)
The department shall not require an individual serving as a home
health aide under the PASSPORT program to complete
;

(c)
Complete
more
hours of pre-service training or annual in-service training than
required by federal law.

(C)
(B)

Only the following may supervise a
home
health aide or
personal
care aide under the PASSPORT program:

(1)
A registered nurse;

(2)
A licensed practical nurse under the direction of a
chiropractor,
dentist, optometrist, physician, physician assistant, podiatrist, or

registered
nurse.

Sec.
175.16.
(A)
As used in this section:

(1)
"Federal credit" means the tax credit authorized under
section 42 of the Internal Revenue Code.

(2)
"Credit period," "qualified low-income building,"
and "qualified basis" have the same meanings as in section
42 of the Internal Revenue Code.

(3)
"Qualified project" means a qualified low-income building
that is located in Ohio, is placed in service on or after July 1,
2023, and for which the director reserves a tax credit under division
(B) of this section before July 1, 2027.

(4)
"Pass-through entity" has the same meaning as in section
5733.04 of the Revised Code.

(5)
"Project owner" means a person holding a fee simple
interest or a leasehold interest pursuant to a ground lease in the
land on which a qualified project sits.

(6)
"Reserved credit amount" means the amount determined by the
director and stipulated in the notice sent to each owner of a
qualified project under division (B) of this section.

(7)
"Annual credit amount" means the amount computed by the
director under division (D) of this section prior to issuing an
eligibility certificate.

(8)
"Equity owner" means a direct or indirect owner of a
project owner, provided the project owner is a pass-through entity,
as determined under applicable state law governing such an entity.

(9)
"Person" has the same meaning as in section 5701.01 of the
Revised Code.

(10)
"Eligibility certificate" means a certificate issued by the
director to each owner of a qualified project under division (D) of
this section stating the amount of credit that may be claimed for
each year of the credit period.

(11)
"Qualified allocation plan" means the plan developed by the
Ohio housing finance agency, as required under section 175.06 of the
Revised Code, for evaluating and selecting projects for the federal
credit pursuant to the mandates and requirements within section 42 of
the Internal Revenue Code.

(12)
"Internal Revenue Code" has the same meaning as in section
5747.01 of the Revised Code.

(13)
"Designated reporter" means the project owner or one of the
project owner's equity owners designated pursuant to division (I)(1)
of this section.

(14)
"Director" means the executive director of the Ohio housing
finance agency.

(B)
Except as otherwise provided by this division, the director, upon
allocating a federal credit and issuing a binding reservation or
letter of eligibility, pursuant to the Ohio housing finance agency's
qualified allocation plan, for a qualified low-income building that
is located in this state and placed in service on or after July 1,
2023, may reserve a tax credit under this section for the project
owners so long as doing so will not result in exceeding the annual
credit cap prescribed by division (C) of this section. The director
shall not reserve a tax credit under this section after June 30,
2027.

The
director shall send written notice of the reservation to each project
owner. The notice shall state the aggregate credit amount reserved
for all years of the qualified project's credit period and stipulate
that receipt of the credit is contingent upon issuance of an
eligibility certificate and filing the information described in
division (I) of this section. Upon receipt of that notice, the owner
shall provide the identity of the owner's designated reporter to the
director.

The
director shall determine the credit amount reserved for each
qualified project. The reserved credit amount shall not exceed the
amount necessary, when combined with the federal credit, to ensure
the financial feasibility of the qualified project.

The
director shall reserve credits in a manner that ensures that a
qualified project is creating additional housing units that would not
have otherwise been created with other state, federal, or private
financing. The director may assess application, processing, and
reporting fees to cover the cost of administering the tax credit
authorized under this section.

(C)
The aggregate amount of credits reserved by the director under
division (B) of this section in a fiscal year shall not exceed the
sum of (1) one hundred million dollars, (2) the amount, if any, by
which the credit cap prescribed by this division for the preceding
fiscal year exceeds the credits reserved by the director in that
year, and (3) the amount of tax credits recaptured or otherwise
disallowed under division (G) of this section in the preceding fiscal
year.

For
the purpose of computing and determining compliance with the credit
cap prescribed by this division, the credit amount reserved for the
project owners of a qualified project is the full amount for all
years of the qualified project's credit period.

(D)
Immediately after approving the final cost certification for a
qualified project for which a tax credit under this section is
reserved, or upon otherwise determining the qualified basis of the
qualified project and the date it was placed into service as required
by section 42(m) of the Internal Revenue Code, the director shall
compute the annual credit amount and issue an eligibility certificate
to each project owner. The director shall send copies of all
eligibility certificates issued each calendar year to the tax
commissioner and the superintendent of insurance.

The
annual credit amount shall equal the lesser of the following:

(1)
The amount of the federal credit that would be awarded to the project
owners for the first year of the credit period if not for the
adjustment required under section 42(f)(2) of the Internal Revenue
Code;

(2)
One-tenth of the reserved credit amount stated in the notice issued
under division (B) of this section.

(E)
Each eligibility certificate shall state the annual credit amount,
the years that comprise the credit period, the name, address, and
taxpayer identification number of each project owner, each owner's
designated reporter, the date the certificate is issued, a unique
identifying number, and any additional information prescribed by a
rule adopted under division (H) of this section. A project owner, if
the project owner is a pass-through entity, shall provide a copy of
the eligibility certificate and any information described in division
(I) of this section to each equity owner that has been allocated a
credit under division (F)(2) of this section, if requested.

(F)(1)
For each year of a qualified project's credit period, the project
owner or an equity owner may claim a nonrefundable credit against the
tax imposed by section 5725.18, 5726.02, 5729.03, 5729.06, or 5747.02
of the Revised Code equal to all or a portion of the annual credit
amount stated on the eligibility certificate. The credit shall be
claimed in the manner prescribed by section 5725.36, 5726.58,
5729.19, or 5747.83 of the Revised Code, as applicable.

(2)
If a project owner is a pass-through entity, the annual credit amount
for any year of a qualified project's credit period may be allocated
by the project owner among one or more equity owners and may be
applied by those equity owners against more than one tax, but the
total credits claimed in connection with that year of the qualified
project's credit period by all project owners and equity owners
against all taxes shall not exceed the annual credit amount stated on
the eligibility certificate.

(3)
A project owner or equity owner may claim the credit authorized by
this section after the date the qualified project is placed into
service but not before the director issues the project owner an
eligibility certificate under division (D) of this section and the
applicable report required by division (I) of this section is filed
by the designated reporter.

(4)
A project owner or equity owner that claims a tax credit under
division (F)(1) of this section shall submit a copy of the
eligibility certificate with the project owner's or equity owner's
tax return or report. Upon request of the tax commissioner or the
superintendent of insurance, any project owner or equity owner
claiming a tax credit under this section shall provide the
commissioner or superintendent other documentation that may be
necessary to verify that the project owner or equity owner is
entitled to claim the credit.

(5)
A project owner that is a pass-through entity may allocate the credit
authorized by this section to its equity owners under division (F)(2)
of this section in any manner agreed to by such persons regardless of
whether such equity owners are eligible for an allocation of the
federal credit, whether the allocation of the credit under the terms
of the agreement has substantial economic effect within the meaning
of section 704(b) of the Internal Revenue Code, and whether any such
person is deemed a partner of the project owner or equity owner for
federal income tax purposes as long as the equity owner acquired its
ownership interest prior to claiming the credit. The allocation shall
be allowed without regard to any provision of the Internal Revenue
Code, or regulation promulgated pursuant to it, that may be
interpreted as contrary to the allocation, including, without
limitation, the treatment of the allocation as a disguised sale.

An
equity owner may assign all or any part of its interest in a
qualified project, including its interest in the tax credits
authorized by this section, to one or more other equity owners, and
each assignee shall be able to claim the credit so long as its
interest is acquired prior to the filing of its tax return or report
or amended tax return or report claiming the credit and the
assignee's ownership interest is identified in the report required by
division (I) of this section.

(6)
Nothing in this section or section 5725.36, 5726.58, 5729.19, or
5747.83 of the Revised Code allows the assignment or transfer of any
carryforward of the credit authorized under this section once the
annual credit amount is claimed.

(G)
If any portion of the federal credit allocated to a qualified project
is recaptured under section 42(j) of the Internal Revenue Code or is
otherwise disallowed, the director shall recapture a proportionate
amount of the tax credit claimed pursuant to this section in
connection with the same qualified project.

If
the director determines to recapture such a tax credit, the director
shall certify the name of each project owner and the amount to be
recaptured to the tax commissioner and to the superintendent of
insurance. The commissioner or superintendent shall determine the
taxpayer or taxpayers that claimed the credit, the tax against which
the credit was claimed, and the amount to be recaptured and make an
assessment against the taxpayer or taxpayers under Chapter 5725.,
5726., 5729., or 5747. of the Revised Code, as applicable, for the
amount of the tax credit to be recaptured. The time limitations on
assessments under those chapters do not bar an assessment made under
this division.

(H)
The director, in consultation with the tax commissioner and
superintendent of insurance, shall adopt any rules necessary to
implement this section in accordance with Chapter 119. of the Revised
Code.

(I)(1)
For each calendar year, a designated reporter shall provide the tax
commissioner

and
the superintendent of insurance
,
in the form prescribed by the tax commissioner in consultation with
the superintendent of insurance, all of the following:

(a)
The name, address, and taxpayer identification number of each project
owner and equity owner that has been allocated a portion of the
annual credit awarded on the eligibility certificate for that year;

(b)
The amount of the annual credit allocated to each such project owner
and equity owner for such year and the tax against which the credit
will be claimed;

(c)
The total of the amounts listed for each project owner and equity
owner under division (I)(1)(b) of this section, demonstrating that
the total does not exceed the amount listed on the eligibility
certificate for that year.

(2)
A designated reporter shall notify the tax commissioner
and
the superintendent of insurance
of
any changes to the information reported in division (I)(1) of this
section in the time and manner prescribed by the commissioner

and
superintendent
.

(3)
No credit allocated under this section may be claimed by a project
owner or equity owner for a year unless that owner and the amount of
the credit allocated to that owner appear on the report required by
division (I)(1) of this section for that year.

The
tax commissioner shall provide a copy of the report, and any
subsequent changes to the report, submitted by the designated
reporter under division (I) of this section to the superintendent of
insurance in the time and manner agreed to by the commissioner and
superintendent.

Sec.
175.17.
(A)
As used in this section:

(1)
"Qualified project" means a project to develop
single-family dwellings in this state that satisfies any
qualifications established by the director under division (I) of this
section.

(2)
"Pass-through entity" has the same meaning as in section
5733.04 of the Revised Code.

(3)
"Reserved credit amount" means the amount determined by the
director and stipulated in the notice sent under division (B) of this
section.

(4)
"Annual credit amount" means the amount computed by the
director under division (D) of this section before issuing an
eligibility certificate.

(5)
"Equity owner" means any person who directly or indirectly,
through one or more pass-through entities, is a member, partner, or
shareholder of a pass-through entity.

(6)
"Person" has the same meaning as in section 5701.01 of the
Revised Code.

(7)
"Eligibility certificate" means a certificate issued by the
director to a project development owner under division (D) of this
section.

(8)
"Project development owner" means a unit of government that
owns a qualified project.

(9)
"Affordability period" means the period that commences on
the date of sale of a single-family dwelling constructed as part of a
qualified project to the initial qualified buyer and continues
through subsequent qualified buyers for ten years.

(10)
"Designated reporter" means the project development owner
or one of the owner's direct or indirect partners, members, or
shareholders, as selected by the owner under division (B) of this
section.

(11)
"Project development investor" means any person that
contributes capital to a qualified project in exchange for an
allocation of a tax credit under this section.

(12)
"Credit period" means the ten-year period that begins in
the year the eligibility certificate is issued.

(13)
"Director" means the executive director of the Ohio housing
finance agency.

(14)
"Unit of government" means a county, township, municipal
corporation, regional planning commission, community improvement
corporation, economic development corporation, or county land
reutilization corporation organized under Chapter 1724. of the
Revised Code, or port authority.

(15)
"Project development team" means the group of entities that
develops, constructs, reports, appraises, finances, and services the
associated properties of a qualified project in partnership with the
project development owner.

(B)(1)
A project development owner may submit an application to the director
for a credit reservation under this section on a form and in a manner
that the director shall prescribe. On the application, the project
development owner shall provide all of the following:

(a)
The name and address of the project development owner's designated
reporter;

(b)
The names and addresses of all members of the project development
team;

(c)
An estimate of the qualified project's development costs;

(d)
Any other information as the director may require pursuant to
division (I) of this section.

The
director shall competitively evaluate and approve applications and
award tax credit reservations under this section for a qualified
project in accordance with the plan adopted under division (I)(1) of
this section. The director shall determine the credit amount reserved
for each qualified project, which shall not exceed the difference
between the total estimated development costs included with the
application and the appraised market value of all homes in the
finished project, as estimated by the director. The director shall
not reserve a credit under this section if doing so would exceed the
annual limit prescribed by division (B)(3) of this section.

(2)
The director shall send written notice of the tax credit reservation
to the project development owner of an approved qualified project.
The notice shall state the aggregate credit amount reserved for all
years of the qualified project's credit period and stipulate that
receipt of the credit is contingent upon issuance of an eligibility
certificate and filing the information required by division (H) of
this section.

(3)
The amount of credits reserved by the director under division (B) of
this section in a fiscal year shall not exceed the sum of (a) fifty
million dollars, (b) the amount, if any, by which the credit
allocation prescribed by this division for the preceding fiscal year
exceeds the credits reserved by the director in that year, and (c)
the amount of tax credits recaptured, assessed, and collected by the
tax commissioner or superintendent of insurance, and disallowed or
subject to reduction under this section in the preceding fiscal year.
For the purpose of computing and determining compliance with the
credit allocation prescribed by division (B)(3) of this section, the
credit amount reserved for the project development owner is the full
amount for all years of the qualified project's credit period.

(4)
The director shall not reserve a tax credit under this section after
June 30, 2027.

(C)
The project development owner shall maintain ownership of a qualified
project and associated single-family dwellings until the dwellings
are sold to qualified buyers. The project development team shall
service the associated properties of a qualified project for the
duration of the applicable affordability period.

The
qualified buyer of a single-family home constructed as part of a
qualified project for which a tax credit was reserved under this
section shall occupy the home as the buyer's primary residence during
the affordability period.

(D)
Upon completion of a qualified project for which a tax credit was
reserved under this section, the project development owner shall
notify the director and provide a final development cost
certification for approval. After receipt of this notice, the
director shall appraise the project's dwellings. Immediately after
approving the final cost certification, the director shall compute
the amount of the tax credit that may be claimed in each year and
issue an eligibility certificate to the project development owner.
That annual amount, which shall be stated on the certificate, shall
equal one-tenth of the reserved credit amount stated in the notice
issued under division (B) of this section, subject to any reduction
or increase as the result of the approval of the final cost
certification and the appraisal conducted under this division.

(E)
Each eligibility certificate shall state the annual credit amount,
the years that comprise the credit period, the name, address, and the
taxpayer identification number of the project development owner, the
project development owner's designated reporter, and all members of
the project development team along with the date the certificate is
issued, a unique identifying number, and any additional information
the director may require by rule. The director shall certify a copy
of each eligibility certificate to the tax commissioner and the
superintendent of insurance.

(F)(1)
For each year of a qualified project's credit period, a project
development owner may claim a nonrefundable credit against the tax
imposed by section 5725.18, 5726.02, 5729.03, 5729.06, or 5747.02 of
the Revised Code equal to all or a portion of the annual credit
amount listed on the eligibility certificate. The credit shall be
claimed in the manner prescribed by section 5725.37, 5726.60,
5729.20, or 5747.84 of the Revised Code.

(2)
A project development owner may or, if the owner is not subject to
any tax against which the credit authorized under this section may be
claimed, shall allocate all or a portion of the annual credit amount
for any year of a qualified project's credit period among one or more
project development investors. Such allocated credits may be applied
by those project development investors or the equity owners of such
an investor that is a pass-through entity against more than one tax,
as applicable, but the total credits claimed for that year of the
qualified project's credit period by all project development
investors and equity owners shall not exceed the annual credit amount
stated on the eligibility certificate.

(3)
A project development investor or the equity owner of such an
investor that is a pass-through entity may claim the credit
authorized by this section after the date the director issues an
eligibility certificate under division (D) of this section and the
applicable annual report required by division (H) of this section is
filed by the designated reporter.

(4)
A project development investor or equity owner that claims a tax
credit under division (F)(2) of this section shall submit a copy of
the eligibility certificate with the investor's or equity owner's tax
return. Upon request of the tax commissioner or the superintendent of
insurance, any project development investor or equity owner claiming
a tax credit under that division shall provide the tax commissioner
or superintendent other documentation that may be necessary to verify
that the project development investor or equity owner is entitled to
claim the credit.

(G)
The director may disallow or recapture any portion of a credit if the
project development owner or the project development owner's
qualified project does not or ceases to qualify for the credit. If
the director determines to recapture such a tax credit, the director
shall certify the name of the project development owner, and the
amount to be recaptured to the tax commissioner and to the
superintendent of insurance. The tax commissioner or superintendent
shall determine the taxpayer or taxpayers that claimed the credit,
the tax against which the credit was claimed, and the amount to be
recaptured and make an assessment against the taxpayer or taxpayers
under Chapter 5725., 5726., 5729., or 5747. of the Revised Code, as
applicable, for the amount to be recaptured. The time limitations on
assessments under those chapters do not bar an assessment made under
this division.

(H)
For each calendar year, a designated reporter shall provide the
following information to the
director

tax
commissioner
on
a form prescribed by the
director

commissioner

in
consultation with
the
tax commissioner and
the
superintendent of insurance:

(1)
A list of each project development investor or equity owner that has
been allocated a portion of the annual credit awarded in an
eligibility certificate for that year, including the investor or
owner's name, address, taxpayer identification number, and the tax
against which the credit will be claimed by each.

(2)
For each project development investor or equity owner, the amount of
annual credit that has been allocated for that year.

(3)
An aggregate list of the credit amount allocated for a qualified
project demonstrating that the aggregate annual amount of the credits
allocated does not exceed the aggregate annual credit awarded in the
eligibility certificate.

A
designated reporter shall notify the
director

tax
commissioner
of
any changes to the information reported under division (H) of this
section in the time and manner prescribed by the

director
commissioner
.
The
director

commissioner

shall
provide a copy of the report
,
and any subsequent changes to the report,

submitted by the designated reporter under division (H) of this
section to
the
tax commissioner and
the
superintendent of insurance in the time and manner
prescribed

agreed
to
by
the commissioner and superintendent.

No
credits allocated under this section may be claimed unless the
credits are listed on the report required by division (H) of this
section.

(I)(1)
The director shall adopt a plan for competitively awarding tax
credits under this section. The plan shall establish the criteria and
metrics under which projects will be assessed for qualification and
may allocate tax credits in a pooled manner.

(2)
The director may assess application, processing, and reporting fees
to cover the cost of administering this section.

(3)
The director, in consultation with the tax commissioner and the
superintendent of insurance, shall adopt any rules necessary to
implement this section in accordance with Chapter 119. of the Revised
Code. Such rules may include all of the following:

(a)
Supplementary definitions as may be necessary to administer this
section.

(b)
Underwriting criteria to assess the risk associated with any
application and determine appropriate criteria to deny an application
based upon risk.

(c)
Criteria by which a project development owner shall be responsible
for any or all risk associated with a qualified project such as
homeowner abandonment, default, foreclosure, or other such risks.

(d)
Criteria to maintain the affordability of each of a qualified
project's single-family dwellings during the affordability period,
which may include a deed restriction held by the project development
owner for some or all of the amount of the tax credit or any
appreciated value of the property.

(e)
Requirements that the project development owner provide certain
capital assets or other investments that contribute to the
affordability of the project.

(f)
Criteria to be used in determining whether an individual is a
qualified buyer.

(g)
Criteria regarding the purchase, ownership, and sale of completed
qualified project single-family dwellings.

(h)
The manner of determining the project's development costs and the
appraised market value of qualified project single-family dwellings.

(i)
Any other qualifications a project must meet to qualify as a
qualified project.

Sec.
303.12.
(A)(1)
Amendments to the zoning resolution may be initiated by motion of the
county rural zoning commission, by the passage of a resolution by the
board of county commissioners, or by the filing of an application by
one or more of the owners or lessees of property within the area
proposed to be changed or affected by the proposed amendment with the
county rural zoning commission. The board of county commissioners may
require that the owner or lessee of property filing an application to
amend the zoning resolution pay a fee to defray the cost of
advertising, mailing, filing with the county recorder, and other
expenses. If the board of county commissioners requires such a fee,
it shall be required generally, for each application. The board of
county commissioners, upon the passage of such a resolution, shall
certify it to the county rural zoning commission.

(2)
Upon the adoption of a motion by the county rural zoning commission,
the certification of a resolution by the board of county
commissioners to the commission, or the filing of an application by
property owners or lessees as described in division (A)(1) of this
section with the commission, the commission shall set a date for a
public hearing, which date shall not be less than twenty nor more
than forty days from the date of adoption of such a motion, the date
of the certification of such a resolution, or the date of the filing
of such an application. Notice of the hearing shall be given by the
commission by one publication at least ten days before the date of
the hearing, using at least one of the following methods:

(a)
In the print or digital edition of one or more newspapers of general
circulation in each township affected by the proposed amendment;

(b)
On the official public notice web site established under section
125.182 of the Revised Code;

(c)
On the web site and social media account of the county.

(B)
If the proposed amendment intends to rezone or redistrict ten or
fewer parcels of land, as listed on the county auditor's current tax
list, written notice of the hearing shall be mailed by the county
rural zoning commission, by first class mail, at least ten days
before the date of the public hearing to all owners of property
within and contiguous to and directly across the street from the area
proposed to be rezoned or redistricted to the addresses of those
owners appearing on the county auditor's current tax list. The
failure of delivery of that notice shall not invalidate any such
amendment.

(C)
If the proposed amendment intends to rezone or redistrict ten or
fewer parcels of land as listed on the county auditor's current tax
list, the published and mailed notices shall set forth the time,
date, and place of the public hearing and include all of the
following:

(1)
The name of the county rural zoning commission that will be
conducting the hearing;

(2)
A statement indicating that the motion, resolution, or application is
an amendment to the zoning resolution;

(3)
A list of the addresses of all properties to be rezoned or
redistricted by the proposed amendment and of the names of owners of
these properties, as they appear on the county auditor's current tax
list;

(4)
The present zoning classification of property named in the proposed
amendment and the proposed zoning classification of that property;

(5)
The time and place where the motion, resolution, or application
proposing to amend the zoning resolution will be available for
examination for a period of at least ten days prior to the hearing;

(6)
The name of the person responsible for giving notice of the public
hearing by publication, by mail, or by both publication and mail;

(7)
A statement that, after the conclusion of the hearing, the matter
will be submitted to the board of county commissioners for its
action;

(8)
Any other information requested by the commission.

(D)
If the proposed amendment alters the text of the zoning resolution,
or rezones or redistricts more than ten parcels of land as listed on
the county auditor's current tax list, the published notice shall set
forth the time, date, and place of the public hearing and include all
of the following:

(1)
The name of the county rural zoning commission that will be
conducting the hearing on the proposed amendment;

(2)
A statement indicating that the motion, application, or resolution is
an amendment to the zoning resolution;

(3)
The time and place where the text and maps of the proposed amendment
will be available for examination for a period of at least ten days
prior to the hearing;

(4)
The name of the person responsible for giving notice of the hearing
by publication;

(5)
A statement that, after the conclusion of the hearing, the matter
will be submitted to the board of county commissioners for its
action;

(6)
Any other information requested by the commission.

Hearings
shall be held in the county court house or in a public place
designated by the commission.

(E)
Within five days after the adoption of the motion described in
division (A) of this section, the certification of the resolution
described in division (A) of this section, or the filing of the
application described in division (A) of this section, the county
rural zoning commission shall transmit a copy of it together with
text and map pertaining to it to the county or regional planning
commission, if there is such a commission.

The
county or regional planning commission shall recommend the approval
or denial of the proposed amendment or the approval of some
modification of it and shall submit its recommendation to the county
rural zoning commission. The recommendation shall be considered at
the public hearing held by the county rural zoning commission on the
proposed amendment.

The
county rural zoning commission, within thirty days after the hearing,
shall recommend the approval or denial of the proposed amendment, or
the approval of some modification of it, and shall submit that
recommendation together with the motion, application, or resolution
involved, the text and map pertaining to the proposed amendment, and
the recommendation of the county or regional planning commission on
it to the board of county commissioners.

The
board of county commissioners, upon receipt of that recommendation,
shall set a time for a public hearing on the proposed amendment,
which date shall be not more than thirty days from the date of the
receipt of that recommendation. Notice of the hearing shall be given
by the board by one publication at least ten days before the date of
the hearing, using at least one of the following methods:

(1)
In the print or digital edition of one or more newspapers of general
circulation in the county;

(2)
On the official public notice web site established under section
125.182 of the Revised Code;

(3)
On the web site and social media account of the county.

(F)
If the proposed amendment intends to rezone or redistrict ten or
fewer parcels of land as listed on the county auditor's current tax
list, the published notice shall set forth the time, date, and place
of the public hearing and include all of the following:

(1)
The name of the board of county commissioners that will be conducting
the hearing;

(2)
A statement indicating that the motion, application, or resolution is
an amendment to the zoning resolution;

(3)
A list of the addresses of all properties to be rezoned or
redistricted by the proposed amendment and of the names of owners of
those properties, as they appear on the county auditor's current tax
list;

(4)
The present zoning classification of property named in the proposed
amendment and the proposed zoning classification of that property;

(5)
The time and place where the motion, application, or resolution
proposing to amend the zoning resolution will be available for
examination for a period of at least ten days prior to the hearing;

(6)
The name of the person responsible for giving notice of the hearing
by publication, by mail, or by both publication and mail;

(7)
Any other information requested by the board.

(G)
If the proposed amendment alters the text of the zoning resolution,
or rezones or redistricts more than ten parcels of land as listed on
the county auditor's current tax list, the published notice shall set
forth the time, date, and place of the public hearing and include all
of the following:

(1)
The name of the board of county commissioners that will be conducting
the hearing on the proposed amendment;

(2)
A statement indicating that the motion, application, or resolution is
an amendment to the zoning resolution;

(3)
The time and place where the text and maps of the proposed amendment
will be available for examination for a period of at least ten days
prior to the hearing;

(4)
The name of the person responsible for giving notice of the hearing
by publication;

(5)
Any other information requested by the board.

(H)
Within twenty days after its public hearing, the board of county
commissioners shall either adopt or deny the recommendation of the
county rural zoning commission or adopt some modification of it. If
the board denies or modifies the commission's recommendation, a
majority vote of the board shall be required.

The

Except
as provided in division (I) of this section, the
proposed
amendment, if adopted by the board, shall become effective in thirty
days after the date of its adoption, unless, within thirty days after
the adoption, there is presented to the board of county commissioners
a petition, signed by a number of qualified voters residing in the
unincorporated area of the township or part of that unincorporated
area included in the zoning plan equal to not less than eight per
cent of the total vote cast for all candidates for governor in that
area at the most recent general election at which a governor was
elected, requesting the board to submit the amendment to the electors
of that area for approval or rejection at a special election to be
held on the day of the next primary or general election occurring at
least ninety days after the petition is submitted. Each part of this
petition shall contain the number and the full and correct title, if
any, of the zoning amendment resolution, motion, or application,
furnishing the name by which the amendment is known and a brief
summary of its contents. In addition to meeting the requirements of
this section, each petition shall be governed by the rules specified
in section 3501.38 of the Revised Code.

The
form of a petition calling for a zoning referendum and the statement
of the circulator shall be substantially as follows:

"PETITION
FOR ZONING REFERENDUM

(if
the proposal is identified by a particular name or number, or both,
these should be inserted here) ________________________

A
proposal to amend the zoning map of the unincorporated area of
______________ Township, ___________________ County, Ohio, adopted
_______ (date) __________ (followed by brief summary of the
proposal).

To
the Board of County Commissioners of __________________ County, Ohio:

We,
the undersigned, being electors residing in the unincorporated area
of _______________ Township, included within the _________________
County Zoning Plan, equal to not less than eight per cent of the
total vote cast for all candidates for governor in the area at the
preceding general election at which a governor was elected, request
the Board of County Commissioners to submit this amendment of the
zoning resolution to the electors of _____________ Township residing
within the unincorporated area of the township included in the
_______________ County Zoning Resolution, for approval or rejection
at a special election to be held on the day of the next primary or
general election to be held on ________(date)_______, pursuant to
section 303.12 of the Revised Code.

Street
Address

Date
of

Signature

or R.F.D.

Township
Precinct County Signing

_______________________________________________________________

_______________________________________________________________

STATEMENT
OF CIRCULATOR

I,
_____________________(name of circulator)___________________, declare
under penalty of election falsification that I am an elector of the
state of Ohio and reside at the address appearing below my signature;
that I am the circulator of the foregoing part petition containing
_____(number)_______ signatures; that I have witnessed the affixing
of every signature; that all signers were to the best of my knowledge
and belief qualified to sign; and that every signature is to the best
of my knowledge and belief the signature of the person whose
signature it purports to be or of an attorney in fact acting pursuant
to section 3501.382 of the Revised Code.

_____________________________

(Signature
of circulator)

_____________________________

-
(Address
of circulator's

-
permanent
residence in this

-
state)

_____________________________

(City,
village, or township,
-

and
zip code)

WHOEVER
COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH
DEGREE."

No
amendment for which such a referendum vote has been requested shall
be put into effect unless a majority of the vote cast on the issue is
in favor of the amendment. Upon certification by the board of
elections that the amendment has been approved by the voters, it
shall take immediate effect.

Within
five working days after an amendment's effective date, the board of
county commissioners shall file the text and maps of the amendment in
the office of the county recorder and with the regional or county
planning commission, if one exists.

The
failure to file any amendment, or any text and maps, or duplicates of
any of these documents, with the office of the county recorder or the
county or regional planning commission as required by this section
does not invalidate the amendment and is not grounds for an appeal of
any decision of the board of zoning appeals.

(I)
If a proposed amendment establishes or modifies planned-unit
development regulations, the following apply in lieu of the contrary
provisions of division (H) of this section:

(1)
The petition shall be signed by a number of registered electors
residing in the territory where the planned-unit development
regulations apply or will apply equal to not less than thirty-five
per cent of the total vote cast for all candidates for governor in
that territory at the most recent general election at which a
governor was elected.

(2)
The board of elections shall determine the sufficiency and validity
of the petition not later than thirty days after the petition is
certified to the board of elections by the board of county
commissioners.

(3)
If the board of elections determines there is an insufficient number
of valid signatures, the board immediately shall notify the person
who presented the petition. The person may submit additional
signatures not later than ten days after the notification.

Sec.
305.021.
(A)
When there is a vacancy in the county engineer's office as a result
of death or resignation and the vacancy cannot be filled by election
or appointment as provided in section 305.02 of the Revised Code, or
if no one runs for the office of county engineer and, for that
reason, the office is vacant, the board of county commissioners may
contract with another county's county engineer to exercise the powers
and perform the acts, duties, or functions of the county engineer.
Notwithstanding any contrary provision of the Revised Code or the
common law, the same person may serve as the county engineer of more
than one county, including adjacent counties, under this section.

(B)
A county engineer with whom the board contracts shall receive
supplemental compensation for services rendered under the contract in
an amount
equal
to
that
is not less than eighty per cent nor more than one hundred per cent
of
the
compensation specified in sections 325.14 and 325.18 of the Revised
Code for the population range of the county in which the engineer is
contracted to perform services, prorated for the duration of the
contract. The supplemental compensation shall have no effect on the
compensation a county engineer receives for serving as county
engineer in the county in which the engineer holds office. The
duration of the contract shall not extend beyond the last day of the
term for which there was a vacancy.

Sec.
305.03.
(A)(1)
(A)

Whenever any county officer
,
except the county auditor or county treasurer,

fails to perform the duties of office for
ninety

thirty

consecutive
days, except in case of sickness or injury as provided in divisions
(B) and (C) of this section, the office shall be deemed vacant.

Performing
the duties of office includes a county officer appearing in person at
the officer's principal office location on at least one out of thirty
consecutive days.

(2)
Whenever any county auditor or county treasurer fails to perform the
duties of office for thirty consecutive days, except in case of
sickness or injury as provided in divisions (B) and (C) of this
section, the office shall be deemed vacant.

(B)
Whenever any county officer is absent because of sickness or injury,
the officer shall cause to be filed with the board of county
commissioners a certificate from a physician, certified
nurse-midwife, clinical nurse specialist, or certified nurse
practitioner of the officer's sickness or injury. If the certificate
is not filed with the board within ten days after the expiration of
thirty consecutive days,
in
the case of a county auditor or county treasurer, or within ten days
after the expiration of ninety consecutive days of absence, in the
case of all other county officers,
the
office shall be deemed vacant.

(C)
Whenever a county officer files a certificate under division (B) of
this section, but continues to be absent for an additional thirty
days commencing immediately after the last day on which this
certificate may be filed under division (B) of this section, the
office shall be deemed vacant.

(D)
If at any time two county commissioners in a county are absent and
have filed a certificate under division (B) of this section, the
county coroner, in addition to performing the duties of coroner,
shall serve as county commissioner until at least one of the absent
commissioners returns to office or until the office of at least one
of the absent commissioners is deemed vacant under this section and
the vacancy is filled. If the coroner so requests, the coroner shall
be paid a per diem rate for the coroner's service as a commissioner.
That per diem rate shall be the annual salary specified by law for a
county commissioner of that county whose term of office began in the
same year as the coroner's term of office began, divided by the
number of days in the year.

While
the coroner is serving as a county commissioner, the coroner shall be
considered an acting county commissioner and shall perform the duties
of the office of county commissioner until at least one of the absent
commissioners returns to office or until the office of at least one
of the absent commissioners is deemed vacant. Before assuming the
office of acting county commissioner, the coroner shall take an oath
of office as provided in sections 3.22 and 3.23 of the Revised Code.
The coroner's service as an acting county commissioner does not
constitute the holding of an incompatible public office or employment
in violation of any statutory or common law prohibition against the
simultaneous holding of more than one public office or employment.

The
coroner shall give a new bond in the same amount and signed and
approved as provided in section 305.04 of the Revised Code. The bond
shall be conditioned for the faithful discharge of the coroner's
duties as acting county commissioner and for the payment of any loss
or damage that the county may sustain by reason of the coroner's
failure in those duties. The bond, along with the oath of office and
approval of the probate judge indorsed on it, shall be deposited and
paid for as provided for the bonds in section 305.04 of the Revised
Code.

(E)
Any vacancy declared under this section shall be filled in the manner
provided by section 305.02 of the Revised Code.

(F)
This section shall not apply to a county officer while in the active
military service of the United States.

Sec.
306.32.
Any
county, or any two or more counties, municipal corporations, or
townships, or any combination of these, may create a regional transit
authority by the adoption of a resolution or ordinance by the board
of county commissioners of each county, the legislative authority of
each municipal corporation, and the board of township trustees of
each township which is to create or to join in the creation of the
regional transit authority. The resolution or ordinance shall state:

(A)
The necessity for the creation of a regional transit authority;

(B)
The counties, municipal corporations, or townships which are to
create or to join in the creation of the regional transit authority;

(C)
The official name by which the regional transit authority shall be
known;

(D)
The place in which the principal office of the regional transit
authority will be located or the manner in which it may be selected;

(E)
The number, term, and compensation, or method for establishing
compensation, of the members of the board of trustees of the regional
transit authority. Compensation shall not exceed fifty dollars for
each board and committee meeting attended by a member, except that if
compensation is provided annually it shall not exceed six thousand
dollars for the president of the board or four thousand eight hundred
dollars for each other board member.

(F)
The manner in which vacancies on the board of trustees of the
regional transit authority shall be filled;

(G)
The manner and to what extent the expenses of the regional transit
authority shall be apportioned among the counties, municipal
corporations, and townships creating it;

(H)
The purposes, including the kinds of transit facilities, for which
the regional transit authority is organized.

The
regional transit authority provided for in the resolution or
ordinance shall be deemed to be created upon the adoption of the
resolution or ordinance by the board of county commissioners of each
county, the legislative authority of each municipal corporation, and
the board of township trustees of each township enumerated in the
resolution or ordinance.

The
resolution or ordinance creating a regional transit authority may be
amended to include additional counties, municipal corporations, or
townships or for any other purpose, by the adoption of the amendment
by the board of county commissioners of each county, the legislative
authority of each municipal corporation, and the board of township
trustees of each township which has created or joined or proposes to
join the regional transit authority.

After
each county, municipal corporation, and township which has created or
joined or proposes to join the regional transit authority has adopted
its resolution or ordinance approving inclusion of additional
counties, municipal corporations, or townships in the regional
transit authority, a copy of each resolution or ordinance shall be
filed with the clerk of the board of the county commissioners of each
county, the clerk of the legislative authority of each municipal
corporation, and the fiscal officer of the board of trustees of each
township proposed to be included in the regional transit authority.
The inclusion is effective when all such filing has been completed,
unless the regional transit authority to which territory is to be
added has authority to levy an ad valorem tax on property, or a sales
tax, within its territorial boundaries, in which event the inclusion
shall become effective on the sixtieth day after the last such filing
is accomplished, unless, prior to the expiration of the sixty-day
period, qualified electors residing in the area proposed to be added
to the regional transit authority, equal in number to at least ten
per cent of the qualified electors from the area who voted for
governor at the last gubernatorial election, file a petition of
referendum against the inclusion. Any petition of referendum filed
under this section shall be filed at the office of the secretary of
the board of trustees of the regional transit authority. The person
presenting the petition shall be given a receipt containing on it the
time of the day, the date, and the purpose of the petition. The
secretary of the board of trustees of the regional transit authority
shall cause the appropriate board or boards of elections to check the
sufficiency of signatures on any petition of referendum filed under
this section and, if found to be sufficient, shall present the
petition to the board of trustees at a meeting of said board which
occurs not later than thirty days following the filing of said
petition. Upon presentation to the board of trustees of a petition of
referendum against the proposed inclusion, the board of trustees
shall promptly certify the proposal to the board or boards of
elections for the purpose of having the proposal placed on the ballot
at the next general or primary election which occurs not less than
ninety days after the date of the meeting of said board, or at a
special election, the date of which shall be specified in the
certification, which date shall be not less than ninety days after
the date of such meeting of the board. Signatures on a petition of
referendum may be withdrawn up to and including the meeting of the
board of trustees certifying the proposal to the appropriate board or
boards of elections. If territory of more than one county, municipal
corporation, or township is to be added to the regional transit
authority, the electors of the territories of the counties, municipal
corporations, or townships which are to be added shall vote as a
district, and the majority affirmative vote shall be determined by
the vote cast in the district as a whole.

If
the proposal would extend the levy of an existing property tax to the
territory to be added to the regional transit authority, the board of
trustees of the regional transit authority and the county auditor
shall proceed in the same manner as required for a tax levy under
section 5705.03 of the Revised Code, except that the levy's annual
collections shall be estimated assuming that the additional territory
has been added to the regional transit authority.

Upon
certification of a proposal to the appropriate board or boards of
elections pursuant to this section, the board or boards of election
shall make the necessary arrangements for the submission of the
question to the electors of the territory to be added to the regional
transit authority qualified to vote on the question, and the election
shall be held, canvassed, and certified in the manner provided for
the submission of tax levies under section 5705.191 of the Revised
Code, except that the question appearing on the ballot shall read:

"Shall
the territory within the _________________________ (Name or names of
political subdivisions to be joined) be added to
__________________________________ (Name) regional transit
authority?" and shall a(n) __________ (here insert type of tax
or taxes) at a rate not to exceed _____ (here insert maximum tax rate
or rates) be levied for all transit purposes?"

If
the tax is a tax on property, the ballot shall express the levy's
estimated annual collections, and the rate shall be expressed
numerically in mills for each one dollar of taxable value and the
effective rate shall be expressed numerically in dollars for each one
hundred thousand dollars of the county auditor's
appraised

market

value.

If
the question is approved by at least a majority of the electors
voting on the question, the joinder is immediately effective, and the
regional transit authority may extend the levy of the tax against all
the taxable property within the territory which has been added. If
the question is approved at a general election or at a special
election occurring prior to the general election but after the
fifteenth day of July, the regional transit authority may amend its
budget and resolution adopted pursuant to section 5705.34 of the
Revised Code, and the levy shall be placed on the current tax list
and duplicate and collected as other taxes are collected from all
taxable property within the territorial boundaries of the regional
transit authority, including the territory within each political
subdivision added as a result of the election.

The
territorial boundaries of a regional transit authority shall be
coextensive with the territorial boundaries of the counties,
municipal corporations, and townships included within the regional
transit authority, provided that the same area may be included in
more than one regional transit authority so long as the regional
transit authorities are not organized for purposes as provided for in
the resolutions or ordinances creating the same, and any amendments
to them, relating to the same kinds of transit facilities; and
provided further, that if a regional transit authority includes only
a portion of an entire county, a regional transit authority for the
same purposes may be created in the remaining portion of the same
county by resolution of the board of county commissioners acting
alone or in conjunction with municipal corporations and townships as
provided in this section.

No
regional transit authority shall be organized after January 1, 1975,
to include any area already included in a regional transit authority,
except that any regional transit authority organized after June 29,
1974, and having territorial boundaries entirely within a single
county shall, upon adoption by the board of county commissioners of
the county of a resolution creating a regional transit authority
including within its territorial jurisdiction the existing regional
transit authority and for purposes including the purposes for which
the existing regional transit authority was created, be dissolved and
its territory included in such new regional transit authority. Any
resolution creating such a new regional transit authority shall make
adequate provision for satisfaction of the obligations of the
dissolved regional transit authority.

As
used in this section, "the county auditor's
appraised

market

value"
and "effective rate" have the same meanings as in section
5705.01 of the Revised Code.

Sec.
306.322.
(A)
As used in this section:

(1)
"Political subdivision" means a county, a municipal
corporation, or a township.

(2)
"Governing body" means a board of county commissioners of a
county, a legislative authority of a municipal corporation, or a
board of trustees of a township.

(B)
For any regional transit authority that levies a property tax and
that includes in its membership political subdivisions that are
located in a county having a population of at least four hundred
thousand according to the most recent federal census, the procedures
of this section apply until December 31, 2022, and are in addition to
and an alternative to those established in sections 306.32, 306.321,
and 306.54 of the Revised Code for joining to the regional transit
authority additional political subdivisions.

(C)
Any political subdivision may adopt a resolution or ordinance
proposing to join a regional transit authority described in division
(B) of this section. In its resolution or ordinance, the political
subdivision may propose joining the regional transit authority for a
limited period of three years or without a time limit.

(D)
The political subdivision proposing to join the regional transit
authority shall submit a copy of its resolution or ordinance to the
governing body of each political subdivision comprising the regional
transit authority. Within thirty days of receiving the resolution or
ordinance for inclusion in the regional transit authority, the
governing body of each political subdivision shall consider the
question of whether to include the additional political subdivision
in the regional transit authority, shall adopt a resolution or
ordinance approving or rejecting the inclusion of the additional
political subdivision, and shall present its resolution or ordinance
to the board of trustees of the regional transit authority.

If
the board of trustees of the regional transit authority proposes to
extend the levy of an existing property tax to the territory to be
added to the regional transit authority, the board and the county
auditor shall proceed in the same manner as required for a tax levy
under section 5705.03 of the Revised Code, except that the levy's
annual collections shall be estimated assuming that the additional
territory has been added to the regional transit authority.

(E)
If a majority of the political subdivisions comprising the regional
transit authority approve the inclusion of the additional political
subdivision under division (D) of this section, the board of trustees
of the regional transit authority may proceed as provided in division
(K) of this section or as provided in divisions (F) to (J) of this
section, as applicable.

(F)
Not later than the tenth day following the day on which the last
ordinance or resolution is presented under division (D) of this
section, the board of trustees of the regional transit authority
shall notify the political subdivision proposing to join the regional
transit authority that it may certify the proposal to the board of
elections for the purpose of having the proposal placed on the ballot
at the next general election or at a special election conducted on
the day of the next primary election that occurs not less than ninety
days after the resolution or ordinance is certified to the board of
elections.

(G)
Upon certification of a proposal to the board of elections pursuant
to division (F) of this section, the board of elections shall make
the necessary arrangements for the submission of the question to the
electors of the territory to be included in the regional transit
authority qualified to vote on the question, and the election shall
be held, canvassed, and certified in the same manner as regular
elections for the election of officers of the political subdivision
proposing to join the regional transit authority, except that, if the
resolution proposed the inclusion without a time limitation the
question appearing on the ballot shall read:

"Shall
the territory within the _________________________ (Name or names of
political subdivisions to be joined) be added to
_________________________ _________ (Name) regional transit authority
and shall a(n) __________ (here insert type of tax or taxes) at a
rate of taxation not to exceed _____ (here insert maximum tax rate or
rates) be levied for all transit purposes?"

If
the resolution proposed the inclusion with a three-year time
limitation, the question appearing on the ballot shall read:

"Shall
the territory within the _________________________ (Name or names of
political subdivisions to be joined) be added to
_________________________ _________ (Name) regional transit authority
for three years and shall a(n) __________ (here insert type of tax or
taxes) at a rate of taxation not to exceed _____ (here insert maximum
tax rate or rates) be levied for all transit purposes for three
years?"

In
either case, if the tax is a tax on property, the ballot shall
express the levy's estimated annual collections, and the rate shall
be expressed numerically in mills for each one dollar of taxable
value and the effective rate shall be expressed numerically in
dollars for each one hundred thousand dollars of the county auditor's

appraised

market

value.

(H)
If the question is approved by at least a majority of the electors
voting on the question, the addition of the new territory is
effective six months from the date of the certification of its
passage, and the regional transit authority may extend the levy of
the tax against all the taxable property within the territory that
was added. If the question is approved at a general election or at a
special election occurring prior to the general election but after
the fifteenth day of July, the regional transit authority may amend
its budget and resolution adopted pursuant to section 5705.34 of the
Revised Code, and the levy shall be placed on the current tax list
and duplicate and collected as other taxes are collected from all
taxable property within the territorial boundaries of the regional
transit authority, including the territory within the political
subdivision added as a result of the election. If the budget of the
regional transit authority is amended pursuant to this paragraph, the
county auditor shall prepare and deliver an amended certificate of
estimated resources to reflect the change in anticipated revenues of
the regional transit authority.

(I)
If the question is approved by at least a majority of the electors
voting on the question, the board of trustees of the regional transit
authority immediately shall amend the resolution or ordinance
creating the regional transit authority to include the additional
political subdivision.

(J)
If the question approved by a majority of the electors voting on the
question added the political subdivision for three years, the
territory of the additional political subdivision in the regional
transit authority shall be removed from the territory of the regional
transit authority three years after the date the territory was added,
as determined in the effective date of the election, and shall no
longer be a part of that authority without any further action by
either the political subdivisions that were included in the authority
prior to submitting the question to the electors or of the political
subdivision added to the authority as a result of the election. The
regional transit authority reduced to its territory as it existed
prior to the inclusion of the additional political subdivision shall
be entitled to levy and collect any property taxes that it was
authorized to levy and collect prior to the enlargement of its
territory and for which authorization has not expired, as if the
enlargement had not occurred.

(K)(1)
If a majority of the political subdivisions comprising the regional
transit authority approve the inclusion of the additional political
subdivision without a time limit under division (D) of this section,
the board of trustees of the regional transit authority may adopt a
resolution to submit to the electors of the regional transit
authority, as it would be enlarged by the inclusion, the question of
including the political subdivision in the regional transit
authority, of levying a tax under sections 5739.023 and 5741.022 of
the Revised Code throughout the territorial boundaries of the
regional transit authority as so enlarged, and of repealing the
property tax levied by the regional transit authority under section
306.49 of the Revised Code.

The
resolution shall state all of the following:

(a)
The date on which the political subdivision is to be included in the
regional transit authority;

(b)
The rate of the tax to be levied under sections 5739.023 and 5741.022
of the Revised Code, the number of years it is to be levied or that
it is to be levied for a continuing period of time, and the date on
which it shall first be levied, all as provided under section
5739.023 of the Revised Code;

(c)
The last tax year that the property tax is to be levied under section
306.49 of the Revised Code.

(2)
Except as otherwise provided in division (K)(5) of this section, the
political subdivision shall not be joined to the regional transit
authority before the first day sales and use tax is levied by the
regional transit authority under sections 5739.023 and 5741.022 of
the Revised Code. Sales and use tax shall not be levied under those
sections on or before the last day of the last tax year the regional
transit authority levies property tax under section 306.49 of the
Revised Code.

(3)
The board of trustees of the regional transit authority shall certify
the resolution to the board of elections for the purpose of having
the proposal placed on the ballot at the next general election or at
a special election conducted on the day of the next primary election
that occurs not less than ninety days after the resolution is
certified to the board of elections. The election shall be held,
canvassed, and certified, as provided in section 306.70 of the
Revised Code, except that the question appearing on the ballot shall
read:

"Shall
the territory within the _________________ (Name or names of
political subdivisions to be joined) be added to _______________
(Name) regional transit authority, shall sales and use tax at a rate
not exceeding ________ (Insert tax rate) be levied for all transit
purposes throughout the territory of the regional transit authority,
and shall the existing property tax levied for transit purposes be
repealed?"

(4)
If the question is approved, the sales and use tax may be levied and
collected as is otherwise provided under sections 5739.023 and
5741.022 of the Revised Code on and after the date stated in the
resolution.

(5)
The board of trustees shall appropriate from the first moneys
received from the sales and use tax in each year the full amount
required in order to pay the principal of and interest on any notes
of the regional transit authority issued pursuant to section 306.49
of the Revised Code in anticipation of the collection of the property
tax. The board of trustees shall not thereafter levy and collect the
property tax unless and to the extent that the levy and collection is
necessary to pay the principal of and interest on notes issued in
anticipation of the property tax in order to avoid impairing the
obligation of the contract between the regional transit authority and
the note holders. Such property tax shall be levied only in the
territory of the authority as it existed before the political
subdivision was joined to the authority.

(6)
If the question is approved after the fifteenth day of July in any
calendar year, the regional transit authority may amend its budget
for the current and next fiscal year, and any resolution adopted
pursuant to section 5705.34 of the Revised Code, to reflect the
imposition of the sales and use tax, and shall amend its budget for
the next fiscal year, and any resolution adopted pursuant to section
5705.34 of the Revised Code, to comply with division (K)(5) of this
section. If the budget of the regional transit authority is amended
pursuant to this division, the county auditor shall prepare and
deliver an amended certificate of estimated resources to reflect the
change in anticipated revenues of the regional transit authority.

(7)
If the question is approved, the board of trustees of the regional
transit authority immediately shall amend the resolution or ordinance
creating the regional transit authority to include the additional
political subdivision.

(L)
As used in this section, "the county auditor's
appraised

market

value"
and "effective rate" have the same meanings as in section
5705.01 of the Revised Code.

Sec.
306.43.
(A)
The board of trustees of a regional transit authority or any officer
or employee designated by such board may make any contract for the
purchase of goods or services, the cost of which does not exceed one
hundred thousand dollars. When an expenditure, other than for the
acquisition of real estate, the discharge of claims, or the
acquisition of goods or services under the circumstances described in
division (H) of this section, is expected to exceed one hundred
thousand dollars, such expenditure shall be made through full and
open competition by the use of competitive procedures. The regional
transit authority shall use the competitive procedure, as set forth
in divisions (B), (C), (D), and (E) of this section, that is most
appropriate under the circumstances of the procurement.

(B)
Competitive sealed bidding is the preferred method of procurement and
a regional transit authority shall use that method if all of the
following conditions exist:

(1)
A clear, complete, and adequate description of the goods, services,
or work is available;

(2)
Time permits the solicitation, submission, and evaluation of sealed
bids;

(3)
The award will be made on the basis of price and other price-related
factors;

(4)
It is not necessary to conduct discussions with responding offerors
about their bids;

(5)
There is a reasonable expectation of receiving more than one sealed
bid.

A
regional transit authority shall publish a notice calling for bids
once a week for no less than two consecutive weeks in a newspaper of
general circulation within the territorial boundaries of the regional
transit authority, or as provided in section 7.16 of the Revised
Code. A regional transit authority may require that a bidder for any
contract other than a construction contract provide a bid guaranty in
the form, quality, and amount considered appropriate by the regional
transit authority. The board may let the contract to the lowest
responsive and responsible bidder. Where fewer than two responsive
bids are received, a regional transit authority may negotiate price
with the sole responsive bidder or may rescind the solicitation and
procure under division (H)(2) of this section.

(C)
A regional transit authority may use two-step competitive bidding,
consisting of a technical proposal and a separate, subsequent sealed
price bid from those submitting acceptable technical proposals, if
both of the following conditions exist:

(1)
A clear, complete, and adequate description of the goods, services,
or work is not available, but definite criteria exist for the
evaluation of technical proposals;

(2)
It is necessary to conduct discussions with responding offerors.

A
regional transit authority shall publish a notice calling for
technical proposals once a week for no less than two consecutive
weeks in a newspaper of general circulation within the territorial
boundaries of the regional transit authority, or as provided in
section 7.16 of the Revised Code. A regional transit authority may
require a bid guaranty in the form, quality, and amount the regional
transit authority considers appropriate. The board may let the
contract to the lowest responsive and responsible bidder. Where fewer
than two responsive and responsible bids are received, a regional
transit authority may negotiate price with the sole responsive and
responsible bidder or may rescind the solicitation and procure under
division (H)(2) of this section.

(D)
A regional transit authority shall make a procurement by competitive
proposals if competitive sealed bidding or two-step competitive
bidding is not appropriate.

A
regional transit authority shall publish a notice calling for
proposals once a week for no less than two consecutive weeks in a
newspaper of general circulation within the territorial boundaries of
the regional transit authority, or as provided in section 7.16 of the
Revised Code. A regional transit authority may require a proposal
guaranty in the form, quality, and amount considered appropriate by
the regional transit authority. The board may let the contract to the
proposer making the offer considered most advantageous to the
authority. Where fewer than two competent proposals are received, a
regional transit authority may negotiate price and terms with the
sole proposer or may rescind the solicitation and procure under
division (H)(2) of this section.

(E)(1)
A regional transit authority shall procure the services of an
architect or engineer in the manner prescribed by the "Federal
Mass Transportation Act of 1987," Public Law No. 100-17, section
316, 101 Stat. 227, 232-234, 49 U.S.C.A. app. 1608 and the services
of a construction manager in the manner prescribed by sections 9.33
to 9.332 of the Revised Code.

(2)
A regional transit authority may procure revenue rolling stock in the
manner prescribed by division (B), (C), or (D) of this section.

(3)
All contracts for construction in excess of one hundred thousand
dollars shall be made only after the regional transit authority has
published a notice calling for bids once a week for two consecutive
weeks in a newspaper of general circulation within the territorial
boundaries of the regional transit authority, or as provided in
section 7.16 of the Revised Code. The board may award a contract to
the lowest responsive and responsible bidder. Where only one
responsive and responsible bid is received, the regional transit
authority may negotiate price with the sole responsive bidder or may
rescind the solicitation. The regional transit authority shall award
construction contracts in accordance with sections 153.12 to 153.14
and 153.54 of the Revised Code. Divisions (B) and (C) of this section
shall not apply to the award of contracts for construction.

(F)(1)
As used in division (F)(2) of this section, "simplified
acquisition threshold" means the amount set forth in 41 U.S.C.
134.

(2)
The board may adopt a policy on whether board approval is required to
enter into a contract involving expenditures below the simplified
acquisition threshold. The board shall approve all contracts
involving expenditures at or above the simplified acquisition
threshold.

(3)
All contracts involving expenditures in excess of the amount for
which board approval is required shall be in writing and shall be
accompanied by or shall refer to plans and specifications for the
work to be done. The plans and specifications shall at all times be
made and considered part of the contract. For all contracts other
than construction contracts, a regional transit authority may require
performance, payment, or maintenance guaranties or any combination of
such guaranties in the form, quality, and amount it considers
appropriate. The contract shall be approved by the board and signed
on behalf of the regional transit authority and by the contractor.

(G)
In making a contract, a regional transit authority may give
preference to goods produced in the United States in accordance with
the Buy America requirements in the "Surface Transportation
Assistance Act of 1982," Public Law No. 97-424, section 165, 96
Stat. 2097, 23 U.S.C.A. 101 note, as amended, and the rules adopted
thereunder. The regional transit authority also may give preference
to providers of goods produced in and services provided in labor
surplus areas as defined by the United States department of labor in
41 U.S.C.A. 401 note, Executive Order No. 12073, August 16, 1978, 43
Fed. Reg. 36873, as amended.

(H)
Competitive procedures under this section are not required in any of
the following circumstances:

(1)
The board of trustees of a regional transit authority, by a
two-thirds affirmative vote of its members, determines that a real
and present emergency exists under any of the following conditions,
and the board enters its determination and the reasons for it in its
proceedings:

(a)
Affecting safety, welfare, or the ability to deliver transportation
services;

(b)
Arising out of an interruption of contracts essential to the
provision of daily transit services;

(c)
Involving actual physical damage to structures, supplies, equipment,
or property.

(2)
The purchase consists of goods or services, or any combination
thereof, and after reasonable inquiry the board or any officer or
employee the board designates finds that only one source of supply is
reasonably available.

(3)
The expenditure is for a renewal or renegotiation of a lease or
license for telecommunications or electronic data processing
equipment, services, or systems, or for the upgrade of such
equipment, services, or systems, or for the maintenance thereof as
supplied by the original source or its successors or assigns.

(4)
The purchase of goods or services is made from another political
subdivision, public agency, public transit system, regional transit
authority, the state, or the federal government, or as a third-party
beneficiary under a state or federal procurement contract, or as a
participant in a department of administrative services contract under
division (B) of section 125.04 of the Revised Code.

(5)
The sale and leaseback or lease and leaseback of transit facilities
is made as provided in division (AA) of section 306.35 of the Revised
Code.

(6)
The purchase substantially involves services of a personal,
professional, highly technical, or scientific nature, including but
not limited to the services of an attorney, physician, surveyor,
appraiser, investigator, court reporter, adjuster, advertising
consultant, or licensed broker, or involves the special skills or
proprietary knowledge required for the servicing of specialized
equipment owned by the regional transit authority.

(7)
Services or supplies are available from a qualified nonprofit agency
pursuant to
sections
4115.31 to 4115.35
section
125.601
of
the Revised Code.

(8)
The purchase consists of the product or services of a public utility.

(9)
The purchase is for the services of individuals with disabilities to
work in the authority's commissaries or cafeterias, and those
individuals are supplied by a nonprofit corporation or association
whose purpose is to assist individuals with disabilities, whether or
not that corporation or association is funded entirely or in part by
the federal government, or the purchase is for services provided by a
nonprofit corporation or association whose purpose is to assist
individuals with disabilities, whether or not that corporation or
association is funded entirely or in part by the federal government.
For purposes of division (H)(9) of this section, "disability"
has the same meaning as in section 4112.01 of the Revised Code.

(I)
A regional transit authority may enter into blanket purchase
agreements for purchases of maintenance, operating, or repair goods
or services where the item cost does not exceed five hundred dollars
and the annual expenditure does not exceed one hundred thousand
dollars.

(J)
Nothing contained in this section prohibits a regional transit
authority from participating in intergovernmental cooperative
purchasing arrangements.

(K)
Except as otherwise provided in this chapter, a regional transit
authority shall make a sale or other disposition of property through
full and open competition. Except as provided in division (L) of this
section, all dispositions of personal property and all grants of real
property for terms exceeding five years shall be made by public
auction or competitive procedure.

(L)
The competitive procedures required by division (K) of this section
are not required in any of the following circumstances:

(1)
The grant is a component of a joint development between public and
private entities and is intended to enhance or benefit public
transit.

(2)
The grant of a limited use or of a license affecting land is made to
an owner of abutting real property.

(3)
The grant of a limited use is made to a public utility.

(4)
The grant or disposition is to a department of the federal or state
government, to a political subdivision of the state, or to any other
governmental entity.

(5)
Used equipment is traded on the purchase of equipment and the value
of the used equipment is a price-related factor in the basis for
award for the purchase.

(6)
The value of the personal property is such that competitive
procedures are not appropriate and the property either is sold at its
fair market value or is disposed of by gift to a nonprofit entity
having the general welfare or education of the public as one of its
principal objects.

(M)
The board of trustees of a regional transit authority, when making a
contract funded exclusively by state or local moneys or any
combination thereof, shall make a good faith effort to use
disadvantaged business enterprise participation to the same extent
required under Section 105(f) of the "Surface Transportation
Assistance Act of 1982," Public Law No. 97-424, 96 Stat. 2100,
and Section 106(c) of the "Surface Transportation and Uniform
Relocation Assistance Act of 1987," Public Law No. 100-17, 101
Stat. 145, and the rules adopted thereunder.

(N)
As used in this section:

(1)
"Goods" means all things, including specially manufactured
goods, that are movable at the time of identification to the contract
for sale other than the money in which the price is to be paid,
investment securities, and things in action. "Goods" also
includes other identified things attached to realty as described in
section 1302.03 of the Revised Code.

(2)
"Services" means the furnishing of labor, time, or effort
by a contractor, not involving the delivery of goods or reports other
than goods or reports that are merely incidental to the required
performance, including but not limited to insurance, bonding, or
routine operation, routine repair, or routine maintenance of existing
structures, buildings, real property, or equipment, but does not
include employment agreements, collective bargaining agreements, or
personal services.

(3)
"Construction" means the process of building, altering,
repairing, improving, painting, decorating, or demolishing any
structure or building, or other improvements of any kind to any real
property owned or leased by a regional transit authority.

(4)
"Full and open competition" has the same meaning as in the
"Office of Federal Procurement Policy Act," Public Law No.
98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403.

(5)
A bidder is "responsive" if, applying the criteria of
division (A) of section 9.312 of the Revised Code, the bidder is
"responsive" as described in that section.

(6)
A bidder is "responsible" if, applying the criteria of
division (B) of section 9.312 of the Revised Code and of the "Office
of Federal Procurement Policy Act," Public Law No. 98-369,
section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403, the bidder is
"responsible" as described in those sections.

Sec.
307.05.
As
used in this section, "emergency medical service organization"
has the same meaning as in section 4765.01 of the Revised Code.

A
board of county commissioners may operate an ambulance service
organization or emergency medical service organization, or, in
counties with a population of
forty

sixty

thousand
or less, may operate a nonemergency patient transport service
organization, or may enter into a contract with one or more counties,
townships, municipal corporations, nonprofit corporations, joint
emergency medical services districts, fire and ambulance districts,
or private ambulance owners, regardless of whether such counties,
townships, municipal corporations, nonprofit corporations, joint
emergency medical services districts, fire and ambulance districts,
or private ambulance owners are located within or without the state,
in order to furnish or obtain the services of ambulance service
organizations, to furnish or obtain additional services from
ambulance service organizations in times of emergency, to furnish or
obtain the services of emergency medical service organizations, or,
in counties with a population of
forty

sixty

thousand
or less, to furnish or obtain services of nonemergency patient
transport service organizations, or may enter into a contract with
any such entity to furnish or obtain the interchange of services from
ambulance or emergency medical service organizations, or, within
counties with a population of
forty

sixty

thousand
or less, to furnish or obtain the interchange of services from
nonemergency patient transport service organizations, within the
territories of the contracting subdivisions. Except in the case of a
contract with a joint emergency medical services district to obtain
the services of emergency medical service organizations, such
contracts shall not be entered into with a public agency or nonprofit
corporation that receives more than half of its operating funds from
governmental entities with the intention of directly competing with
the operation of other ambulance service organizations, nonemergency
patient transport service organizations, or emergency medical service
organizations in the county unless the public agency or nonprofit
corporation is awarded the contract after submitting the lowest and
best bid to the board of county commissioners. Any county wishing to
commence operation of a nonemergency patient transport service
organization or wishing to enter into a contract for the first time
to furnish or obtain services from a nonemergency patient transport
service organization on or after March 1, 1993, including a county in
which a private provider has been providing the service, shall
demonstrate the need for public funding for the service to, and
obtain approval from, the state board of emergency medical, fire, and
transportation services or its immediate successor board prior to
operating or funding the organization.

When
such an organization is operated by the board, the organization may
be administered by the board, by the county sheriff, or by another
county officer or employee designated by the board. All rules,
including the determining of reasonable rates, necessary for the
establishment, operation, and maintenance of such an organization
shall be adopted by the board.

A
contract for services of an ambulance service, nonemergency patient
transport service, or emergency medical service organization shall
include the terms, conditions, and stipulations as agreed to by the
parties to the contract. It may provide for a fixed annual charge to
be paid at the times agreed upon and stipulated in the contract, or
for compensation based upon a stipulated price for each run, call, or
emergency or the number of persons or pieces of apparatus employed,
or the elapsed time of service required in such run, call, or
emergency, or any combination thereof.

Sec.
307.673.
This
section applies only in a county in which a tax is levied under
section 307.697, 4301.421, 5743.024, or 5743.323 of the Revised Code
on July 19, 1995.

(A)
As used in this section:

(1)
"County taxes" means taxes levied by a board of county
commissioners under
division

divisions

(D)

and
(E)

of section 307.697,
division

divisions

(B)

and
(C)

of section 4301.421,
division

divisions

(C)

and
(D)

of section 5743.024, and
section

sections

5743.323
,
5743.511, 5743.521, 5743.621, and 5743.631

of the Revised Code.

(2)
"Corporation" means a nonprofit corporation organized under
the laws of this state and that includes among the purposes for which
it is incorporated the authority to acquire, construct, renovate,
repair, equip, lease, manage, or operate a sports facility.

(3)
"Cooperative agreement" means an agreement entered into
pursuant to this section.

(4)
"Cost of a sports facility" means the cost of acquiring,
constructing, renovating, repairing, equipping, or improving one or
more sports facilities, including reconstructing, rehabilitating,
remodeling, and enlarging; the cost of equipping and furnishing such
a facility; and all financing costs pertaining thereto, including the
cost of engineering, architectural, and other professional services,
designs, plans, specifications and surveys, and estimates of costs;
the costs of refinancing obligations issued by, or reimbursement of
money advanced by, the parties to the cooperative agreement or other
persons, the proceeds of which obligations were used to pay the costs
of the sports facility; the cost of tests and inspections; the cost
of any indemnity or surety bonds and premiums on insurance, all
related direct and administrative costs pertaining thereto, fees and
expenses of trustees, depositories, and paying agents for the
obligations, capitalized interest on the obligations, amounts
necessary to establish reserves as required by the obligation
proceedings, the reimbursement of money advanced or applied by the
parties to the cooperative agreement or other persons for the payment
of any item of costs of the sports facility, and all other expenses
necessary or incident to planning or determining the feasibility or
practicability with respect to the sports facility; and any other
such expenses as may be necessary or incident to the acquisition,
construction, reconstruction, rehabilitation, remodeling, renovation,
repair, enlargement, improvement, equipping, and furnishing of the
sports facility, the financing of the sports facility, placing the
sports facility in use and operation, including any one, part of, or
combination of such classes of costs and expenses.

(5)
"Financing costs" has the same meaning as in section 133.01
of the Revised Code.

(6)
"Obligations" means obligations issued or incurred to pay
the cost of a sports facility, including bonds, notes, certificates
of indebtedness, commercial paper, and other instruments in writing,
anticipatory securities as defined in section 133.01 of the Revised
Code, issued or incurred by an issuer pursuant to Chapter 133. or
4582. of the Revised Code or this section, or otherwise, to evidence
the issuer's obligation to repay borrowed money, or to pay interest,
by, or to pay at any future time other money obligations of, the
issuer of the obligations, including obligations of an issuer or
lessee to make payments under an installment sale, lease,
lease-purchase, or similar agreement.

(7)
"Owner" means any person that owns or operates a
professional athletic or sports team, that is party to a cooperative
agreement, or that has a lease or other agreement with a party to a
cooperative agreement, and that commits to use the sports facility
that is the subject of the cooperative agreement for all of the
team's home games for the period specified in that agreement.

(8)
"Payments," when used with reference to obligations, means
payments of the principal, including any mandatory sinking fund
deposits and mandatory redemption payments, interest and any
redemption premium, and lease rentals, lease-purchase payments and
other amounts payable under obligations in the form of installment
sale, lease, lease-purchase, or similar agreements.

(9)
"Person" has the same meaning as defined in section 133.01
of the Revised Code.

(10)
"Port authority" means a port authority created under
Chapter 4582. of the Revised Code.

(11)
"Sports facility" means a facility, including a stadium,
that is intended to house or provide a site for one or more major
league professional athletic or sports teams or activities, together
with all spectator facilities, parking facilities, walkways, and
auxiliary facilities, real and personal property, property rights,
easements, leasehold estates, and interests that may be appropriate
for, or used in connection with, the operation of the sports
facility.

(B)
The board of county commissioners of a county, the legislative
authority of a municipal corporation, a port authority, a
corporation, and an owner, or any combination thereof, may enter into
one or more cooperative agreements under which the parties enter into
one or more of the agreements described in divisions (B)(1) to (5) of
this section.

(1)
The board of county commissioners agrees to do one or more of the
following:

(a)
Levy a tax under division (D)
or
(E)
of
section 307.697, division (B)
or
(C)
of
section 4301.421, division (C)
or
(D)
of
section 5743.024,
and

or

section
5743.323
,
5743.511, 5743.521, 5743.621, and 5743.631

of the Revised Code and make available all or a portion of the
revenue from those taxes for the payment of the cost of the sports
facility or to make payments on obligations;

(b)
Issue or incur obligations of the county pursuant to Chapter 133. of
the Revised Code or this section;

(c)
Make available all or a portion of the revenue from those taxes or of
the proceeds from the issuance of those obligations to the municipal
corporation, port authority, corporation, or otherwise for the
payment of the cost of a sports facility or the payment of
obligations;

(d)
Acquire, construct, renovate, repair, equip, lease to or from another
person, and operate, directly or by a lease or management contract
with another person, one or more sports facilities;

(e)
To the extent provided in the cooperative agreement or a lease with
respect to a sports facility, authorize the municipal corporation,
port authority, corporation, or owner to administer contracts for
designing, planning, acquiring, constructing, renovating, repairing,
or equipping a sports facility.

(2)
The port authority agrees to do one or more of the following:

(a)
Issue or incur obligations of the port authority pursuant to Chapter
133. or 4582. of the Revised Code or this section;

(b)
Make available all or a portion of the proceeds from the issuance of
those obligations to the municipal corporation, county, or
corporation for the payment of the cost of a sports facility or the
payment of obligations;

(c)
Acquire, construct, renovate, repair, equip, lease to or from another
person, and operate, directly or by a lease or management contract
with another person, one or more sports facilities;

(d)
To the extent provided in the cooperative agreement or a lease with
respect to a sports facility, authorize the municipal corporation,
county, corporation, or owner to administer contracts for designing,
planning, acquiring, constructing, renovating, repairing, or
equipping a sports facility.

(3)
The legislative authority of the municipal corporation agrees to do
one or more of the following:

(a)
Make available the revenue from taxes levied by the legislative
authority for the payment of the cost of a sports facility or to make
payments on obligations;

(b)
Issue or incur obligations of the municipal corporation pursuant to
Chapter 133. of the Revised Code or otherwise;

(c)
Make available all or a portion of the proceeds from the issuance of
those obligations to the county, port authority, corporation, or
otherwise for the payment of the cost of a sports facility or the
payment of obligations;

(d)
Acquire, construct, renovate, repair, equip, lease to or from another
person, and operate, directly or by a lease or management contract
with another person, one or more sports facilities;

(e)
To the extent provided in the cooperative agreement or a lease with
respect to a sports facility, authorize the county, port authority,
corporation, or owner to administer contracts for designing,
planning, acquiring, constructing, renovating, repairing, or
equipping a sports facility.

(4)
The corporation agrees to do one or more of the following:

(a)
Issue or incur obligations;

(b)
Make available all or a portion of the proceeds from the issuance of
those obligations to the county, port authority, municipal
corporation, or otherwise for the payment of the cost of a sports
facility or the payment of obligations;

(c)
Acquire, construct, renovate, repair, equip, lease to or from another
person, and operate, directly or by a lease or management contract
with another person, one or more sports facilities;

(d)
To the extent provided in the cooperative agreement or a lease with
respect to a sports facility, agree that the corporation will
administer contracts for designing, planning, acquiring,
constructing, renovating, repairing, or equipping a sports facility.

(5)
The owner agrees to do one or more of the following:

(a)
Use the sports facility that is the subject of the cooperative
agreement for all of the home games of the owner's professional
athletic or sports team for a specified period;

(b)
Administer contracts for designing, planning, acquiring,
constructing, renovating, repairing, or equipping a sports facility.

(C)
Any obligations may be secured by a trust agreement between the
issuer of obligations and a corporate trustee that is a trust company
or bank having the powers of a trust company in or outside this state
and authorized to exercise corporate trust powers in this state.
Proceeds from the issuance of any obligations or the taxes levied and
collected by any party to the cooperative agreement may be deposited
with and administered by a trustee pursuant to the trust agreement.

(D)
Any contract for the acquisition, construction, renovation, repair,
or equipping of a sports facility entered into, assigned, or assumed
under this section shall provide that all laborers and mechanics
employed in the acquisition, construction, renovation, repair, or
equipping of the sports facility shall be paid at the prevailing
rates of wages of laborers and mechanics for the class of work called
for, as those wages are determined in accordance with Chapter 4115.
of the Revised Code.

Sec.
307.696.
(A)
As used in this section:

(1)
"County taxes" means taxes levied by the county pursuant to
sections 307.697, 4301.421, 5743.024,
and

5743.323
,
5743.511, 5743.521, 5743.621, and 5743.631

of the Revised Code.

(2)
"Corporation" means
a

either
of the following:

(a)
A
nonprofit
corporation that is organized under the laws of this state for the
purposes of operating or constructing and operating a sports facility
in the county and that may also be organized under the laws of this
state for the additional purposes of conducting redevelopment and
economic development activities within the host municipal
corporation
;

(b)
A new community authority as defined in section 349.01 of the Revised
Code
.

(3)
"Sports facility" means a sports facility that is intended
to house major league professional athletic teams, including a
stadium, together with all parking facilities, walkways, and other
auxiliary facilities, real and personal property, property rights,
easements, and interests that may be appropriate for, or used in
connection with, the operation of the facility.

(4)
"Construction" includes, but is not limited to, providing
fixtures, furnishings, and equipment and providing for capital
repairs and improvements.

(5)
"Debt service charges" means the interest, principal,
premium, if any, carrying and redemption charges, and expenses on
bonds issued by either the county or the corporation to:

(a)
Construct a sports facility or provide for related redevelopment or
economic development as provided in this section;

(b)
Acquire real and personal property, property rights, easements, or
interests that may be appropriate for, or used in connection with,
the operation of the facility; and

(c)
Make site improvements to real property, including, but not limited
to, demolition, excavation, and installation of footers, pilings, and
foundations.

(6)
"Host municipal corporation" means the municipal
corporation within the boundaries of which the sports facility is
located
,
and with which a national football league, major league baseball, or
national basketball association sports franchise is associated on
March 20, 1990
.

(B)
A board of county commissioners of a county that levies a tax under
section 307.697, 4301.421, or 5743.024 of the Revised Code may enter
into an agreement with a corporation operating in the county, and, if
there is a host municipal corporation all or a part of which is
located in the county, shall enter into an agreement with a
corporation operating in the county and the host municipal
corporation, under which:

(1)(a)
The corporation agrees to construct and operate a sports facility in
the county and to pledge and contribute all or any part of the
revenues derived from its operation, as specified in the agreement,
for the purposes described in division (C)(1) of this section; and

(b)
The board agrees to levy county taxes and pledge and contribute any
part or all of the revenues therefrom, as specified in the agreement,
for the purposes described in division (C)(1) of this section; or

(2)(a)
The corporation agrees to operate a sports facility constructed by
the county and to pledge and contribute all or any part of the
revenues derived from its operation, as specified in the agreement,
for the purposes described in division (C)(2) of this section; and

(b)
The board agrees to issue revenue bonds of the county, use the
proceeds from the sale of the bonds to construct a sports facility in
the county, and to levy county taxes and pledge and contribute all or
any part of the revenues therefrom, as specified in the agreement,
for the purposes described in division (C)(2) of this section; and,
if applicable

(3)
The host municipal corporation agrees to expend the unused pledges
and contributions and surplus revenues as described in divisions
(C)(1) and (2) of this section for redevelopment and economic
development purposes related to the sports facility.

(C)(1)
The primary purpose of the pledges and contributions described in
division (B)(1) of this section is payment of debt service charges.
To the extent the pledges and contributions are not used by the
county or corporation for payment of debt service charges, the county
or corporation, pursuant to the agreement provided for in division
(B) of this section, shall provide the unused pledges and
contributions, together with surplus revenues of the sports facility
not needed for debt service charges or the operation and maintenance
of the sports facility, to the host municipal corporation, or a
nonprofit corporation, which may be the corporation acting on behalf
of the host municipal corporation, for redevelopment and economic
development purposes related to the sports facility. If the county
taxes are also levied for the purpose of making permanent
improvements, the agreement shall include a schedule of annual
pledges and contributions by the county for the payment of debt
service charges. The county's pledge and contribution provided for in
the agreement shall be for the period stated in the agreement but not
to exceed twenty years. The agreement shall provide that any such
bonds and notes shall be secured by a trust agreement between the
corporation or other bond issuer and a corporate trustee that is a
trust company or bank having the powers of a trust company within or
without the state, and the trust agreement shall pledge or assign to
the retirement of the bonds or notes, all moneys paid by the county
for that purpose under this section. A county tax, all or any part of
the revenues from which are pledged under an agreement entered into
by a board of county commissioners under this section shall not be
subject to diminution by initiative or referendum, or diminution by
statute, unless provision is made therein for an adequate substitute
therefor reasonably satisfactory to the trustee under the trust
agreement that secures the bonds and notes.

(2)
The primary purpose of the pledges and contributions described in
division (B)(2) of this section is payment of debt service charges.
To the extent the pledges and contributions are not used by the
county for payment of debt service charges, the county or
corporation, pursuant to the agreement provided for in division (B)
of this section, shall provide the unused pledges and contributions,
together with surplus revenues of the sports facility not needed for
debt service charges or the operation and maintenance of the sports
facility, to the host municipal corporation, or a nonprofit
corporation, which may be the corporation, acting on behalf of the
host municipal corporation, for redevelopment and economic
development purposes related to the sports facility. The
corporation's pledge and contribution provided for in the agreement
shall be until all of the bonds issued for the construction of the
facility have been retired.

(D)
A pledge of money by a county under this section shall not be
indebtedness of the county for purposes of Chapter 133. of the
Revised Code.

(E)
If the terms of the agreement so provide, the board of county
commissioners may acquire, make site improvements to, including, but
not limited to, demolition, excavation, and installation of footers,
pilings, and foundations, and lease real property for the sports
facility to a corporation that constructs a sports facility under
division (B)(1) of this section. The agreement shall specify the
term, which shall not exceed thirty years and shall be on such terms
as are set forth in the agreement. The purchase, improvement, and
lease may be the subject of an agreement between the county and a
municipal corporation located within the county pursuant to section
153.61 or 307.15 of the Revised Code, and are not subject to the
limitations of sections 307.02 and 307.09 of the Revised Code.

(F)
The corporation shall not enter into any construction contract or
contract for the purchase of services for use in connection with the
construction of a sports facility prior to the corporation's adoption
and implementation of a policy on the set aside of contracts for
bidding by or award to minority business enterprises, as defined in
division (E)(1) of section 122.71 of the Revised Code. Sections
4115.03 to 4115.16 of the Revised Code apply to a sports facility
constructed under this section.

(G)
Not more than one-half of the total costs, including debt service
charges and cost of operation, of a project undertaken pursuant to an
agreement entered into under division (B) of this section shall be
paid from county taxes. Nothing in this section authorizes the use of
revenues from county taxes or proceeds from the sale of bonds issued
by the board of county commissioners for payment of costs of
operation of a sports facility.

(H)
Division (G) of this section and the twenty-year limitation
prescribed in division (C)(1) of this section do not apply in the
case of taxes levied pursuant to division (E) of section 307.697 of
the Revised Code, division (C) of section 4301.421 of the Revised
Code, division (D) of section 5743.024 of the Revised Code, division
(C) of section 5743.323 of the Revised Code, and sections 5743.511,
5743.521, 5743.621, and 5743.631 of the Revised Code. Notwithstanding
anything to the contrary in this section or any other section of the
Revised Code, revenue from the taxes levied pursuant to those
provisions shall be equally divided by the county among the sports
facilities that exist within the boundaries of the county during the
period that the taxes are levied. Unless documented by an agreement
with the applicable owner of a sports facility, such division of
revenue shall be made directly by the county treasurer by payment to
the respective owners of the sports facilities.

Sec.
307.697.
(A)
For the purpose of section 307.696 of the Revised Code and to pay any
or all of the charge the board of elections makes against the county
to hold the election on the question of levying the tax, or for those
purposes and to provide revenues to the county for permanent
improvements, the board of county commissioners of a county may levy
a tax not to exceed three dollars on each gallon of spirituous liquor
sold to or purchased by liquor permit holders for resale, and sold at
retail by the state or pursuant to a transfer agreement entered into
under Chapter 4313. of the Revised Code, in the county. The tax shall
be levied on the number of gallons so sold. The tax may be levied for
any number of years not exceeding twenty.

The
tax shall be levied pursuant to a resolution of the board of county
commissioners approved by a majority of the electors in the county
voting on the question of levying the tax, which resolution shall
specify the rate of the tax, the number of years the tax will be
levied, and the purposes for which the tax is levied. The election
may be held on the date of a general or special election held not
sooner than ninety days after the date the board certifies its
resolution to the board of elections. If approved by the electors,
the tax takes effect on the first day of the month specified in the
resolution but not sooner than the first day of the month that is at
least sixty days after the certification of the election results by
the board of elections. A copy of the resolution levying the tax
shall be certified to the division of liquor control at least sixty
days prior to the date on which the tax is to become effective.

(B)
A resolution under this section may be joined on the ballot as a
single question with a resolution adopted under section 4301.421 or
5743.024 of the Revised Code to levy a tax for the same purposes, and
for the purpose of paying the expenses of administering that tax.

(C)
The form of the ballot in an election held pursuant to this section
or section 4301.421 or 5743.024 of the Revised Code shall be as
follows or in any other form acceptable to the secretary of state:

"For
the purpose of paying not more than one-half of the costs of
providing a public sports facility together with related
redevelopment and economic development projects, shall (an) excise
tax(es) be levied by __________ county at the rate of ______ (dollars
on each gallon of spirituous liquor sold in the county, cents per
gallon on the sale of beer at wholesale in the county, cents per
gallon on the sale of wine and mixed beverages at wholesale in the
county, cents per gallon on the sale of cider at wholesale in the
county, or mills per cigarette on the sale of cigarettes at wholesale
in the county), for ______ years?

Yes

No

"

For
an election in which questions under this section or section 4301.421
or 5743.024 of the Revised Code are joined as a single question, the
form of the ballot shall be as above, except each of the proposed
taxes shall be listed.

(D)
The board of county commissioners of a county in which a tax is
imposed under this section on
September
29, 2013,

the effective date of the amendment of this section by H.B. 59 of the
130th general assembly
,

may levy a tax for the purpose of section 307.673 of the Revised Code
regardless of whether or not the cooperative agreement authorized
under that section has been entered into prior to the day the
resolution adopted under division (D)(1) or (2) of this section is
adopted, for the purpose of reimbursing a county for costs incurred
in the construction of a sports facility pursuant to an agreement
entered into by the county under section 307.696 of the Revised Code,
or for the purpose of paying the costs of capital repairs of and
improvements to a sports facility, or both. The tax shall be levied
and approved in one of the manners prescribed by division (D)(1) or
(2) of this section.

(1)
The tax may be levied pursuant to a resolution adopted by a majority
of the members of the board of county commissioners not later than
forty-five days after July 19, 1995. A board of county commissioners
approving a tax under division (D)(1) of this section may approve a
tax under division (B)(1) of section 4301.421 or division (C)(1) of
section 5743.024 of the Revised Code at the same time. Subject to the
resolution being submitted to a referendum under sections 305.31 to
305.41 of the Revised Code, the resolution shall take effect
immediately, but the tax levied pursuant to the resolution shall not
be levied prior to the day following the last day that any tax
previously levied pursuant to this division may be levied.

(2)
The tax may be levied pursuant to a resolution adopted by a majority
of the members of the board of county commissioners not later than
September 1, 2015, and approved by a majority of the electors of the
county voting on the question of levying the tax. The board of county
commissioners shall certify a copy of the resolution to the board of
elections immediately upon adopting a resolution under division
(D)(2) of this section. The election may be held on the date of a
general or special election held not sooner than ninety days after
the date the board certifies its resolution to the board of
elections. The form of the ballot shall be as prescribed by division
(C) of this section, except that the phrase "paying not more
than one-half of the costs of providing a sports facility together
with related redevelopment and economic development projects"
shall be replaced by the phrase "paying the costs of
constructing, renovating, improving, or repairing a sports facility
and reimbursing a county for costs incurred by the county in the
construction of a sports facility," and the phrase ",
beginning __________ (here insert the earliest date the tax would
take effect)" shall be appended after "years." A board
of county commissioners submitting the question of a tax under
division (D)(2) of this section may submit the question of a tax
under division (B)(2) of section 4301.421 or division (C)(2) of
section 5743.024 of the Revised Code as a single question, and the
form of the ballot shall include each of the proposed taxes.

If
approved by a majority of electors voting on the question, the tax
shall take effect on the day specified on the ballot, which shall not
be earlier than the day following the last day that any tax
previously levied pursuant to this division may be levied.

The
rate of a tax levied pursuant to division (D)(1) or (2) of this
section shall not exceed the rate specified in division (A) of this
section. A tax levied pursuant to division (D)(1) or (2) of this
section may be levied for any number of years not exceeding twenty.

A
board of county commissioners adopting a resolution under division
(D)(1) or (2) of this section shall certify a copy of the resolution
to the division of liquor control immediately upon adoption of the
resolution.

(E)

The
board of county commissioners of a county whose population is greater
than one million one hundred thousand but less than one million three
hundred thousand may levy a tax under this division for the purpose
of section 307.673 of the Revised Code regardless of whether or not
the cooperative agreement authorized under that section has been
entered into prior to the day the resolution adopted under division
(E) of this section is adopted, for the purpose of reimbursing a
county for costs incurred in the construction of a sports facility
pursuant to an agreement entered into by the county under section
307.696 of the Revised Code, or for the purpose of paying the costs
of constructing, equipping, furnishing, maintaining, renovating,
improving, or repairing a sports facility. The tax may be levied for
any number of years or for a continuing period of time.

The
tax may be levied pursuant to a resolution adopted by the board of
county commissioners and approved by a majority of the electors of
the county voting on the question of levying the tax. The board of
county commissioners shall certify a copy of the resolution to the
board of elections immediately after its adoption. The election may
be held on the date of a general or special election held not sooner
than ninety days after the date the board certifies its resolution to
the board of elections. The form of the ballot shall be as follows:

"For
the purpose of ______ (state the purpose or purposes), shall an
excise tax be levied by __________ county at the rate of ______
dollars on each gallon of spirituous liquor sold in the county for
____ (number of years or a continuing period of time), the tax
beginning on __________ (the earliest date the tax would take
effect)?

Yes

No

"

A
board of county commissioners submitting the question of a tax under
division (E) of this section, may submit the question of a tax under
section 5743.511, division (C) of section 4301.421, or division (D)
of section 5743.024 of the Revised Code, or all, as a single
question, provided that each tax is for the same purpose and period
of time and the form of the ballot states the rate of each of the
proposed taxes.

If
approved by a majority of electors voting on the question, the tax
shall take effect on the date specified in the resolution but not
sooner than the first day of the month that is at least sixty days
after the certification of the election results by the board of
elections. The tax levied under division (E) of this section may be
approved and take effect before the expiration of the tax levied
under division (D) of this section. The tax levied under division (E)
of this section shall supersede and replace any tax levied under
division (D) of this section, and the tax levied under division (D)
of this section shall no longer be levied once the tax levied under
division (E) of this section takes effect.

The
rate of a tax levied pursuant to division (E) of this section shall
not exceed six dollars on each gallon of spirituous liquor sold to or
purchased by liquor permit holders for resale, and sold at retail by
the state or pursuant to a transfer agreement entered into under
Chapter 4313. of the Revised Code, in the county. The tax shall be
levied on the number of gallons so sold.

A
board of county commissioners adopting a resolution under division
(E) of this section shall certify a copy of the resolution to the
division of liquor control and to the tax commissioner immediately
upon adoption of the resolution.

(F)

No
tax shall be levied under division (A) of this section on or after
September 23, 2008. This division does not apply to a tax levied
under division (D)

or
(E)

of this section, and does not prevent the collection of any tax
levied under this section before September 23, 2008, so long as that
tax remains effective.

Sec.
307.86.
Anything
to be purchased, leased, leased with an option or agreement to
purchase, or constructed, including, but not limited to, any product,
structure, construction, reconstruction, improvement, maintenance,
repair, or service, except the services of an accountant, architect,
attorney at law, physician, professional engineer, construction
project manager, consultant, surveyor, or appraiser, by or on behalf
of the county or contracting authority, as defined in section 307.92
of the Revised Code, at a cost in excess of the amount specified in
section 9.17 of the Revised Code, except as otherwise provided in
division (D) of section 713.23 and in sections 9.48, 125.04, 125.60
to 125.6012, 307.022, 307.041, 307.861, 339.05, 340.036,
4115.31
to 4115.35,
5119.44,
5513.01, 5543.19, 5713.01, and 6137.05 of the Revised Code, shall be
obtained through competitive bidding. No purchase, lease, project, or
other transaction subject to this section shall be divided into
component parts, separate projects, or separate items of work in
order to avoid the requirements of this section. However, competitive
bidding is not required when any of the following applies:

(A)
The board of county commissioners, by a unanimous vote of its
members, makes a determination that a real and present emergency
exists, and that determination and the reasons for it are entered in
the minutes of the proceedings of the board, when any of the
following applies:

(1)
The estimated cost is less than one hundred twenty-five thousand
dollars.

(2)
There is actual physical disaster to structures, radio communications
equipment, or computers.

(3)
The product to be purchased is personal protective equipment and the
purchase is completed during the period of the emergency declared by
Executive Order 2020-01D, issued on March 9, 2020.

For
purposes of this division:

"Personal
protective equipment" means equipment worn to minimize exposure
to hazards that cause workplace injuries and illnesses.

"Unanimous
vote" means all three members of a board of county commissioners
when all three members are present, or two members of the board if
only two members, constituting a quorum, are present.

Whenever
a contract of purchase, lease, or construction is exempted from
competitive bidding under division (A)(1) of this section because the
estimated cost is less than one hundred twenty-five thousand dollars,
but the estimated cost is the amount specified in section 9.17 of the
Revised Code or more, the county or contracting authority shall
solicit informal estimates from no fewer than three persons who could
perform the contract, before awarding the contract. With regard to
each such contract, the county or contracting authority shall
maintain a record of such estimates, including the name of each
person from whom an estimate is solicited. The county or contracting
authority shall maintain the record for the longer of at least one
year after the contract is awarded or the amount of time the federal
government requires.

(B)(1)
The purchase consists of supplies or a replacement or supplemental
part or parts for a product or equipment owned or leased by the
county, and the only source of supply for the supplies, part, or
parts is limited to a single supplier.

(2)
The purchase consists of services related to information technology,
such as programming services, that are proprietary or limited to a
single source.

(C)
The purchase is from the federal government, the state, another
county or contracting authority of another county, or a board of
education, educational service center, township, or municipal
corporation.

(D)
The purchase is made by a county department of job and family
services under section 329.04 of the Revised Code and consists of
family services duties or workforce development activities or is made
by a county board of developmental disabilities under section 5126.05
of the Revised Code and consists of program services, such as direct
and ancillary client services, child care, case management services,
residential services, and family resource services.

(E)
The purchase consists of criminal justice services, social services
programs, family services, or workforce development activities by the
board of county commissioners from nonprofit corporations or
associations under programs funded by the federal government or by
state grants.

(F)
The purchase consists of any form of an insurance policy or contract
authorized to be issued under Title XXXIX of the Revised Code or any
form of health care plan authorized to be issued under Chapter 1751.
of the Revised Code, or any combination of such policies, contracts,
plans, or services that the contracting authority is authorized to
purchase, and the contracting authority does all of the following:

(1)
Determines that compliance with the requirements of this section
would increase, rather than decrease, the cost of the purchase;

(2)
Requests issuers of the policies, contracts, plans, or services to
submit proposals to the contracting authority, in a form prescribed
by the contracting authority, setting forth the coverage and cost of
the policies, contracts, plans, or services as the contracting
authority desires to purchase;

(3)
Negotiates with the issuers for the purpose of purchasing the
policies, contracts, plans, or services at the best and lowest price
reasonably possible.

(G)
The purchase consists of computer hardware, software, or consulting
services that are necessary to implement a computerized case
management automation project administered by the Ohio prosecuting
attorneys association and funded by a grant from the federal
government.

(H)
Child care services are purchased for provision to county employees.

(I)(1)
Property, including land, buildings, and other real property, is
leased for offices, storage, parking, or other purposes, and all of
the following apply:

(a)
The contracting authority is authorized by the Revised Code to lease
the property.

(b)
The contracting authority develops requests for proposals for leasing
the property, specifying the criteria that will be considered prior
to leasing the property, including the desired size and geographic
location of the property.

(c)
The contracting authority receives responses from prospective lessors
with property meeting the criteria specified in the requests for
proposals by giving notice in a manner substantially similar to the
procedures established for giving notice under section 307.87 of the
Revised Code.

(d)
The contracting authority negotiates with the prospective lessors to
obtain a lease at the best and lowest price reasonably possible
considering the fair market value of the property and any relocation
and operational costs that may be incurred during the period the
lease is in effect.

(2)
The contracting authority may use the services of a real estate
appraiser to obtain advice, consultations, or other recommendations
regarding the lease of property under this division.

(J)
The purchase is made pursuant to section 5139.34 or sections 5139.41
to 5139.46 of the Revised Code and is of programs or services that
provide case management, treatment, or prevention services to any
felony or misdemeanant delinquent, unruly youth, or status offender
under the supervision of the juvenile court, including, but not
limited to, community residential care, day treatment, services to
children in their home, or electronic monitoring.

(K)
The purchase is made by a public children services agency pursuant to
section 307.92 or 5153.16 of the Revised Code and consists of family
services, programs, or ancillary services that provide case
management, prevention, or treatment services for children at risk of
being or alleged to be abused, neglected, or dependent children.

(L)
The purchase is to obtain the services of emergency medical service
organizations under a contract made by the board of county
commissioners pursuant to section 307.05 of the Revised Code with a
joint emergency medical services district.

(M)
The county contracting authority determines that the use of
competitive sealed proposals would be advantageous to the county and
the contracting authority complies with section 307.862 of the
Revised Code.

(N)
The purchase consists of used supplies and is made at a public
auction.

Any
issuer of policies, contracts, plans, or services listed in division
(F) of this section and any prospective lessor under division (I) of
this section may have the issuer's or prospective lessor's name and
address, or the name and address of an agent, placed on a special
notification list to be kept by the contracting authority, by sending
the contracting authority that name and address. The contracting
authority shall send notice to all persons listed on the special
notification list. Notices shall state the deadline and place for
submitting proposals. The contracting authority shall mail the
notices at least six weeks prior to the deadline set by the
contracting authority for submitting proposals. Every five years the
contracting authority may review this list and remove any person from
the list after mailing the person notification of that action.

Any
contracting authority that negotiates a contract under division (F)
of this section shall request proposals and negotiate with issuers in
accordance with that division at least every three years from the
date of the signing of such a contract, unless the parties agree upon
terms for extensions or renewals of the contract. Such extension or
renewal periods shall not exceed six years from the date the initial
contract is signed.

Any
real estate appraiser employed pursuant to division (I) of this
section shall disclose any fees or compensation received from any
source in connection with that employment.

As
used in division (N) of this section, "supplies" means any
personal property including equipment, materials, and other tangible
assets.

Sec.
307.985.
Each
board of county commissioners shall develop a written transportation
work plan that establishes policies regarding the transportation
needs of low income residents of the county seeking or striving to
retain employment. In developing the transportation work plan, the
board shall consult with all of the following:

(A)
The county department of job and family services;

(B)
If a regional transit authority created under section 306.32 of the
Revised Code serves the county, the regional transit authority;

(C)
If a community action agency, as defined in section
122.66

5101.311

of
the Revised Code, serves the county, the community action agency;

(D)
As designated by the board of county commissioners, representatives
of private
non-profit

nonprofit

and government entities that work with issues related to economic
development, employment, and persons with physical disabilities;

(E)
Other individuals designated by the board of county commissioners.

Sec.
308.13.
(A)
The board of trustees of a regional airport authority or any officer
or employee designated by such board may make without competitive
bidding any contract for any purchase, lease, lease with option or
agreement to purchase any property, or any construction contract for
any work, the cost of which shall not exceed the amount specified in
section 9.17 of the Revised Code. Any purchase, lease, lease with
option or agreement to purchase, or construction contract in excess
of the amount specified in section 9.17 of the Revised Code shall
require that a notice calling for bids be published once a week for
not less than two consecutive weeks preceding the day of the opening
of the bids in a newspaper of general circulation within the
territorial boundaries of the regional airport authority. The
regional airport authority also may cause notice to be inserted in
trade papers or other publications designated by it or to be
distributed by electronic means, including posting the notice on the
internet site on the world wide web of the regional airport
authority. If the contracting authority posts the notice on that
internet web site, the requirement that a second notice be published
in a newspaper of general circulation within the territorial
boundaries of the regional airport authority does not apply provided
the first notice published in that newspaper meets all of the
following requirements:

(1)
It is published at least two weeks prior to the day of the opening of
the bids.

(2)
It includes a statement that the notice is posted on the internet
site on the world wide web of the regional airport authority.

(3)
It includes the internet address of the internet site on the world
wide web of the regional airport authority.

(4)
It includes instructions describing how the notice may be accessed on
the internet site on the world wide web of the regional airport
authority.

No
purchase, lease, project, or other transaction subject to this
section shall be divided into component parts, separate projects, or
separate items of work in order to avoid the requirements of this
section.

If
the bid is for a contract for the construction, demolition,
alteration, repair, or reconstruction of an improvement, it shall
meet the requirements of section 153.54 of the Revised Code. If the
bid is for any other contract authorized by this section, it shall be
accompanied by a good and approved bond with ample security
conditioned on the carrying out of the contract as determined by the
board. The board may let the contract to the lowest and best bidder.
Such contract shall be in writing and shall be accompanied by or
shall refer to plans and specifications for the work to be done, as
approved by the board. The plans and specifications at all times
shall be made and considered part of the contract. The contract shall
be approved by the board and signed by its chief executive officer
and by the contractor, and shall be executed in duplicate.

(B)
The competitive bidding procedures described in division (A) of this
section do not apply in any of the following circumstances:

(1)
The board of trustees of a regional airport authority, by a majority
vote of its members present at any meeting, determines that a real
and present emergency exists under any of the following conditions,
and the board enters its determination and the reasons for it in its
proceedings:

(a)
Affecting safety, welfare, or the ability to deliver services;

(b)
Arising out of an interruption of contracts essential to the
provision of daily air services and other services related to the
airport;

(c)
Involving actual physical damage to structures, supplies, equipment,
or property requiring immediate repair or replacement.

(2)
The purchase consists of goods or services, or any combination
thereof, and after reasonable inquiry the board or any officer or
designee of the board finds that only one source of supply is
reasonably available.

(3)
The expenditure is for a renewal or renegotiation of a lease or
license for telecommunications or informational technology equipment,
services, or systems, or for the upgrade of such equipment, services,
or systems, or for the maintenance thereof as supplied by the
original source or its successors or assigns.

(4)
The purchase of goods or services is made from another political
subdivision, public agency, public transit system, regional transit
authority, the state, or the federal government, or as a third-party
beneficiary under a state or federal procurement contract, or as a
participant in a department of administrative services contract under
division (B) of section 125.04 of the Revised Code or under an
approved purchasing plan of this state.

(5)
The purchase substantially involves services of a personal,
professional, highly technical, or scientific nature, including the
services of an attorney, physician, engineer, architect, surveyor,
appraiser, investigator, adjuster, advertising consultant, or
licensed broker, or involves the special skills or proprietary
knowledge required for the operation of the airport owned by the
regional transit authority.

(6)
Services or supplies are available from a qualified nonprofit agency
pursuant to sections
4115.31

125.60

to

4115.35

125.6012

of
the Revised Code.

(7)
The purchase consists of the product or services of a public utility.

Sec.
311.14.
Upon
retiring from office, the sheriff shall pay over to
his

the
sheriff's

successor in office all moneys received by such sheriff and remaining
in
his

the
sheriff's

hands.
He

The
sheriff

shall deliver to
his

the
sheriff's

successor all evidences of indebtedness and all books, blanks, and
stationery belonging to
his

the
sheriff's

office. Each sheriff shall demand and receive such books and papers
from
his

the
sheriff's

predecessor.

Before
leaving office, the sheriff shall prepare a certificate of transition
for the successor sheriff in the form and substance prescribed by the
auditor of state. The certificate shall contain an inventory of items
delivered in accordance with this section, sections 311.13 and 311.15
of the Revised Code, and other information prescribed by the auditor
of state. Before prescribing the inventory of items, accounts, and
other information to be contained in the certificate of transition,
the auditor of state shall solicit input from county sheriffs.

Sec.
317.20.
(A)
When, in the opinion of the board of county commissioners, sectional
indexes are needed and it so directs, in addition to the indexes
provided for in section 317.18 of the Revised Code, the board may
provide for making, in books prepared for that purpose, sectional
indexes to the records of all real estate in the county beginning
with some designated year and continuing through the period of years
that the board specifies. The sectional indexes shall place under the
heads of the original surveyed sections or surveys, parts of a
section or survey, squares, subdivisions, permanent parcel numbers
provided for under section 319.28 of the Revised Code, or lots, on
the left-hand page or on the upper portion of that page of the index
book, the name of the grantor, then the name of the grantee, then the
number and page of the record in which the instrument is found
recorded, then the character of the instrument, and then a pertinent
description of the interest in property conveyed by the deed, lease,
or assignment of lease, and shall place under similar headings on the
right-hand page or on the lower portion of that page of the index
book, beginning at the bottom, all the mortgages, liens, notices
provided for in sections 5301.51, 5301.52, and 5301.56 of the Revised
Code, or other encumbrances affecting the real estate.

(B)
The compensation for the services rendered under this section shall
be paid from the general revenue fund of the county, and no
additional levy shall be made in consequence of the services.

(C)
If the board of county commissioners decides to have sectional
indexes made, it shall advertise for three consecutive weeks for
sealed proposals to do the work provided for in this section, using
at least one of the following methods:

(1)
In the print or digital edition of a newspaper of general circulation
within the county;

(2)
On the official public notice web site established under section
125.182 of the Revised Code;

(3)
On the web site and social media account of the county.

The
board shall contract with the lowest and best bidder, and shall
require the successful bidder to give a bond for the faithful
performance of the contract in the sum that the board fixes.
The
work shall be done to the acceptance of the auditor of state upon
allowance by the board.
The
board may reject any and all bids for the work, provided that no more
than five cents shall be paid for each entry of each tract or lot of
land.

(D)
When the sectional indexes are brought up and completed, the county
recorder shall maintain the indexes and comply with division (E) of
this section in connection with registered land.

(E)(1)
As used in division (E) of this section, "housing
accommodations" and "restrictive covenant" have the
same meanings as in section 4112.01 of the Revised Code.

(2)
In connection with any transfer of registered land that occurs on and
after March 30, 1999, in accordance with Chapters 5309. and 5310. of
the Revised Code, the county recorder shall delete from the sectional
indexes maintained under this section all references to any
restrictive covenant that appears to apply to the transferred
registered land, if any inclusion of the restrictive covenant in a
transfer, rental, or lease of housing accommodations, any honoring or
exercising of the restrictive covenant, or any attempt to honor or
exercise the restrictive covenant constitutes an unlawful
discriminatory practice under division (H)(9) of section 4112.02 of
the Revised Code.

Sec.
319.04.
(A)
Each county auditor who is elected to a full term of office shall
attend and successfully complete at least sixteen hours of continuing
education courses during the first year of the auditor's term of
office, and complete at least another eight hours of such courses by
the end of that term. Each such county auditor shall include at least
two hours of ethics and substance-abuse training in the total
twenty-four hours of required courses. To be counted toward the
twenty-four hours required by this section, a course must be approved
by the county auditors association of Ohio. Any county auditor who
teaches an approved course shall be entitled to credit for the course
in the same manner as if the county auditor had attended the course.

That
association shall record and, upon request, verify the completion of
required course work for each county auditor, and issue a statement
to each county auditor of the number of hours of continuing education
the county auditor has successfully completed. Each year the
association shall send a list of the continuing education courses,
and the number of hours each county auditor has successfully
completed, to the auditor of state and the tax commissioner, and
shall provide a copy of this list to any other individual who
requests it.

The
auditor of state shall issue a certificate of completion to each
county auditor who completes the continuing education courses
required by this section.
The

auditor
of state
association

shall
issue a
"
notice
of
"
failure

to
complete
"
to any county auditor required to complete continuing education
courses under this section who fails to successfully complete at
least sixteen hours of continuing education courses during the first
year of the county auditor's term of office or to complete a total of
at least twenty-four hours of such courses by the end of that term.
This notice is for informational purposes only and does not affect
any individual's ability to hold the office of county auditor.

The
county auditor shall retain the documentation of any initial or
continuing education courses completed. The auditor of state shall
audit for compliance with this section.

(B)
Each board of county commissioners shall approve, from money
appropriated to the county auditor, a reasonable amount requested by
the county auditor of its county to cover the costs the county
auditor must incur to meet the requirements of division (A) of this
section, including registration fees, lodging and meal expenses, and
travel expenses.

Sec.
319.202.
Before
the county auditor indorses any real property conveyance or
manufactured or mobile home conveyance presented to the auditor
pursuant to section 319.20 of the Revised Code or registers any
manufactured or mobile home conveyance pursuant to section 4503.061
of the Revised Code, the grantee or the grantee's representative
shall submit, either electronically or three written copies of, a
statement, in the form prescribed by the tax commissioner, and other
information as the county auditor may require, declaring the value of
real property or manufactured or mobile home conveyed, except that
when the transfer is exempt under division (G)(3) of section 319.54
of the Revised Code only a statement of the reason for the exemption
shall be required. Each statement submitted under this section shall
contain the information required under divisions (A)

and

,

(B)
,
and (C)

of this section.

(A)

Each
statement submitted under this section shall include or otherwise be
accompanied by a statement advising the grantee of the eligibility
requirements for the reduction in taxes authorized under division (B)
of section 323.152 of the Revised Code and of the duty imposed by
division (C)(1) of section 323.153 of the Revised Code on the grantee
to notify the county auditor if the grantee no longer qualifies for
the reduction.

(B)

Each
statement submitted under this section shall either:

(1)
Contain an affirmation by the grantee that the grantor has been asked
by the grantee or the grantee's representative whether to the best of
the grantor's knowledge either the preceding or the current year's
taxes on the real property or the current or following year's taxes
on the manufactured or mobile home conveyed will be reduced under
division (A) of section 323.152 or under section 4503.065 of the
Revised Code and that the grantor indicated that to the best of the
grantor's knowledge the taxes will not be so reduced; or

(2)
Be accompanied by a sworn or affirmed instrument stating:

(a)
To the best of the grantor's knowledge the real property or the
manufactured or mobile home that is the subject of the conveyance is
eligible for and will receive a reduction in taxes for or payable in
the current year under division (A) of section 323.152 or under
section 4503.065 of the Revised Code and that the reduction or
reductions will be reflected in the grantee's taxes;

(b)
The estimated amount of such reductions that will be reflected in the
grantee's taxes;

(c)
That the grantor and the grantee have considered and accounted for
the total estimated amount of such reductions to the satisfaction of
both the grantee and the grantor. The auditor shall indorse the
instrument, return it to the grantee or the grantee's representative,
and provide a copy of the indorsed instrument to the grantor or the
grantor's representative.

(B)
(C)

Each statement submitted under this section shall either:

(1)
Contain an affirmation by the grantee that the grantor has been asked
by the grantee or the grantee's representative whether to the best of
the grantor's knowledge the real property conveyed qualified for the
current agricultural use valuation under section 5713.30 of the
Revised Code either for the preceding or the current year and that
the grantor indicated that to the best of the grantor's knowledge the
property conveyed was not so qualified; or

(2)
Be accompanied by a sworn or affirmed instrument stating:

(a)
To the best of the grantor's knowledge the real property conveyed was
qualified for the current agricultural use valuation under section
5713.30 of the Revised Code either for the preceding or the current
year;

(b)
To the extent that the property will not continue to qualify for the
current agricultural use valuation either for the current or the
succeeding year, that the property will be subject to a recoupment
charge equal to the tax savings in accordance with section 5713.34 of
the Revised Code;

(c)
That the grantor and the grantee have considered and accounted for
the total estimated amount of such recoupment, if any, to the
satisfaction of both the grantee and the grantor. The auditor shall
indorse the instrument, forward it to the grantee or the grantee's
representative, and provide a copy of the indorsed instrument to the
grantor or the grantor's representative.

(C)
(D)

The grantor shall pay the fee required by division (G)(3) of section
319.54 of the Revised Code; and, in the event the board of county
commissioners of the county has levied a real property or a
manufactured home transfer tax pursuant to Chapter 322. of the
Revised Code, the amount required by the real property or
manufactured home transfer tax so levied. If the conveyance is exempt
from the fee provided for in division (G)(3) of section 319.54 of the
Revised Code and the tax, if any, levied pursuant to Chapter 322. of
the Revised Code, the reason for such exemption shall be shown on the
statement. "Value" means, in the case of any deed or
certificate of title not a gift in whole or part, the amount of the
full consideration therefor, paid or to be paid for the real estate
or manufactured or mobile home described in the deed or title,
including the amount of any mortgage or vendor's lien thereon. If
property sold under a land installment contract is conveyed by the
seller under such contract to a third party and the contract has been
of record at least twelve months prior to the date of conveyance,
"value" means the unpaid balance owed to the seller under
the contract at the time of the conveyance, but the statement shall
set forth the amount paid under such contract prior to the date of
conveyance. In the case of a gift in whole or part, "value"
means the estimated price the real estate or manufactured or mobile
home described in the deed or certificate of title would bring in the
open market and under the then existing and prevailing market
conditions in a sale between a willing seller and a willing buyer,
both conversant with the property and with prevailing general price
levels. No person shall willfully falsify the value of property
conveyed.

(D)
(E)

The auditor shall indorse each conveyance on its face to indicate the
amount of the conveyance fee and compliance with this section and if
the property is residential rental property include a statement that
the grantee shall file with the county auditor the information
required under division (A) or (C) of section 5323.02 of the Revised
Code. The auditor shall retain the original copy of the statement of
value, forward to the tax commissioner one copy on which shall be
noted the most recent assessed value of the property, and furnish one
copy to the grantee or the grantee's representative.

(E)
(F)

In order to achieve uniform administration and collection of the
transfer fee required by division (G)(3) of section 319.54 of the
Revised Code, the tax commissioner shall adopt and promulgate rules
for the administration and enforcement of the levy and collection of
such fee.

(F)
(G)

As used in this section, "residential rental property" has
the same meaning as in section 5323.01 of the Revised Code.

Sec.
319.301.
(A)
The reductions required by division (D) of this section do not apply
to any of the following:

(1)
Taxes levied at whatever rate is required to produce a specified
amount of tax money, including a tax levied under section 5705.199 or
5748.09 of the Revised Code, or an amount to pay debt charges;

(2)
Taxes levied within the one per cent limitation imposed by Section 2
of Article XII, Ohio Constitution;

(3)
Taxes provided for by the charter of a municipal corporation.

(B)
As used in this section:

(1)
"Real property" includes real property owned by a railroad.

(2)
"Carryover property" means all real property on the current
year's tax list except:

(a)
Land and improvements that were not taxed by the district in both the
preceding year and the current year;

(b)
Land and improvements that were not in the same class in both the
preceding year and the current year.

(3)
"Effective tax rate" means with respect to each class of
property:

(a)
The sum of the total taxes that would have been charged and payable
for current expenses against real property in that class if each of
the district's taxes were reduced for the current year under division
(D)(1) of this section without regard to the application of division
(E)(3) of this section divided by

(b)
The taxable value of all real property in that class.

(4)
"Taxes charged and payable" means the taxes charged and
payable prior to any reduction required by section 319.302 of the
Revised Code.

(C)
The tax commissioner shall make the determinations required by this
section each year, without regard to whether a taxing district has
territory in a county to which section 5715.24 of the Revised Code
applies for that year. Separate determinations shall be made for each
of the two classes established pursuant to section 5713.041 of the
Revised Code.

(D)
With respect to each tax authorized to be levied by each taxing
district, the tax commissioner, annually, shall do both of the
following:

(1)
Determine by what percentage, if any, the sums levied by such tax
against the carryover property in each class would have to be reduced
for the tax to levy the same number of dollars against such property
in that class in the current year as were charged against such
property by such tax in the preceding year subsequent to the
reduction made under this section but before the reduction made under
section 319.302 of the Revised Code. In the case of a tax levied for
the first time that is not a renewal of an existing tax, the
commissioner shall determine by what percentage the sums that would
otherwise be levied by such tax against carryover property in each
class would have to be reduced to equal the amount that would have
been levied if the full rate thereof had been imposed against the
total taxable value of such property in the preceding tax year.
A
tax or portion of a tax that is designated a replacement levy under
section 5705.192 of the Revised Code is not a renewal of an existing
tax for purposes of this division.

(2)
Certify each percentage determined in division (D)(1) of this
section, as adjusted under division (E) of this section, and the
class of property to which that percentage applies to the auditor of
each county in which the district has territory. The auditor, after
complying with section 319.30 of the Revised Code, shall reduce the
sum to be levied by such tax against each parcel of real property in
the district by the percentage so certified for its class.
Certification shall be made by the first day of September except in
the case of a tax levied for the first time, in which case
certification shall be made within fifteen days of the date the
county auditor submits the information necessary to make the required
determination.

(E)(1)
As used in division (E)(2) of this section, "pre-1982 joint
vocational taxes" means, with respect to a class of property,
the difference between the following amounts:

(a)
The taxes charged and payable in tax year 1981 against the property
in that class for the current expenses of the joint vocational school
district of which the school district is a part after making all
reductions under this section;

(b)
Two-tenths of one per cent of the taxable value of all real property
in that class.

If
the amount in division (E)(1)(b) of this section exceeds the amount
in division (E)(1)(a) of this section, the pre-1982 joint vocational
taxes shall be zero.

As
used in divisions (E)(2) and (3) of this section, "taxes charged
and payable" has the same meaning as in division (B)(4) of this
section and excludes any tax charged and payable in 1985 or
thereafter under sections 5705.194 to 5705.197 or section 5705.199,
5705.213, 5705.219, or 5748.09 of the Revised Code.

(2)
If in the case of a school district other than a joint vocational or
cooperative education school district any percentage required to be
used in division (D)(2) of this section for either class of property
could cause the total taxes charged and payable for current expenses
to be less than two per cent of the taxable value of all real
property in that class that is subject to taxation by the district,
the commissioner shall determine what percentages would cause the
district's total taxes charged and payable for current expenses
against that class, after all reductions that would otherwise be made
under this section, to equal, when combined with the pre-1982 joint
vocational taxes against that class, the lesser of the following:

(a)
The sum of the rates at which those taxes are authorized to be
levied;

(b)
Two per cent of the taxable value of the property in that class. The
auditor shall use such percentages in making the reduction required
by this section for that class.

(3)
If in the case of a joint vocational school district any percentage
required to be used in division (D)(2) of this section for either
class of property could cause the total taxes charged and payable for
current expenses for that class to be less than two-tenths of one per
cent of the taxable value of that class, the commissioner shall
determine what percentages would cause the district's total taxes
charged and payable for current expenses for that class, after all
reductions that would otherwise be made under this section, to equal
that amount. The auditor shall use such percentages in making the
reductions required by this section for that class.

(4)
If a school district is affected by division (E)(2) or (3) of this
section for either class of property, and additional current expense
taxes are levied or are included in the definition of taxes charged
and payable, then, for the first tax year those taxes are levied or
included, the reduction computed under division (D) of this section
for that district shall be computed as though the sums of current
expenses taxes levied for the district and charged against that class
in the preceding tax year were equivalent to two per cent or
two-tenths of one per cent, respectively, of the taxable value of all
real property in that class.

(F)
No reduction shall be made under this section in the rate at which
any tax is levied.

(G)
The commissioner may order a county auditor to furnish any
information the commissioner needs to make the determinations
required under division (D) or (E) of this section, and the auditor
shall supply the information in the form and by the date specified in
the order. If the auditor fails to comply with an order issued under
this division, except for good cause as determined by the
commissioner, the commissioner shall withhold from such county or
taxing district therein fifty per cent of state revenues to local
governments pursuant to section 5747.50 of the Revised Code or shall
direct the department of education and workforce to withhold
therefrom fifty per cent of state revenues to school districts
pursuant to Chapter 3317. of the Revised Code. The commissioner shall
withhold the distribution of such revenues until the county auditor
has complied with this division, and the department shall withhold
the distribution of such revenues until the commissioner has notified
the department that the county auditor has complied with this
division.

(H)
If the commissioner is unable to certify a tax reduction factor for
either class of property in a taxing district located in more than
one county by the last day of November because information required
under division (G) of this section is unavailable, the commissioner
may compute and certify an estimated tax reduction factor for that
district for that class. The estimated factor shall be based upon an
estimate of the unavailable information. Upon receipt of the actual
information for a taxing district that received an estimated tax
reduction factor, the commissioner shall compute the actual tax
reduction factor and use that factor to compute the taxes that should
have been charged and payable against each parcel of property for the
year for which the estimated reduction factor was used. The amount by
which the estimated factor resulted in an overpayment or underpayment
in taxes on any parcel shall be added to or subtracted from the
amount due on that parcel in the ensuing tax year.

A
percentage or a tax reduction factor determined or computed by the
commissioner under this section shall be used solely for the purpose
of reducing the sums to be levied by the tax to which it applies for
the year for which it was determined or computed. It shall not be
used in making any tax computations for any ensuing tax year.

(I)
In making the determinations under division (D)(1) of this section,
the tax commissioner shall take account of changes in the taxable
value of carryover property resulting from complaints filed under
section 5715.19 of the Revised Code for determinations made for the
tax year in which such changes are reported to the commissioner. Such
changes shall be reported to the commissioner on the first abstract
of real property filed with the commissioner under section 5715.23 of
the Revised Code following the date on which the complaint is finally
determined by the board of revision or by a court or other authority
with jurisdiction on appeal. The tax commissioner shall account for
such changes in making the determinations only for the tax year in
which the change in valuation is reported. Such a valuation change
shall not be used to recompute the percentages determined under
division (D)(1) of this section for any prior tax year.

Sec.
319.302.
(A)(1)
Real property that is not intended primarily for use in a business
activity shall qualify for a partial exemption from real property
taxation. For purposes of this partial exemption, "business
activity" includes all uses of real property, except farming;
leasing property for farming; occupying or holding property improved
with single-family, two-family, or three-family dwellings; leasing
property improved with single-family, two-family, or three-family
dwellings; or holding vacant land that the county auditor determines
will be used for farming or to develop single-family, two-family, or
three-family dwellings. For purposes of this partial exemption,
"farming" does not include land used for the commercial
production of timber that is receiving the tax benefit under section
5713.23 or 5713.31 of the Revised Code and all improvements connected
with such commercial production of timber.

(2)
Each year, the county auditor shall review each parcel of real
property to determine whether it qualifies for the partial exemption
provided for by this section as of the first day of January of the
current tax year.

(B)
After complying with section 319.301 of the Revised Code, the county
auditor shall reduce the remaining sums to be levied by qualifying
levies against each parcel of real property that is listed on the
general tax list and duplicate of real and public utility property
for the current tax year and that qualifies for partial exemption
under division (A) of this section, and against each manufactured and
mobile home that is taxed pursuant to division (D)(2) of section
4503.06 of the Revised Code and that is on the manufactured home tax
list for the current tax year, by ten per cent, to provide a partial
exemption for that parcel or home. For the purposes of this division:

(1)
"Qualifying levy" means a levy approved at an election held
before September 29, 2013; a levy within the ten-mill limitation; a
levy provided for by the charter of a municipal corporation that was
levied on the tax list for tax year 2013; a subsequent renewal of any
such levy; or a subsequent substitute for such a levy under section
5705.199 of the Revised Code.

(2)
"Qualifying levy" does not include any replacement imposed
under section 5705.192 of the Revised Code
,
as it existed before the effective date of this amendment,

of any levy described in division (B)(1) of this section.

(C)
Except as otherwise provided in sections 323.152, 323.158, 323.16,
505.06, and 715.263 of the Revised Code, the amount of the taxes
remaining after any such reduction shall be the real and public
utility property taxes charged and payable on each parcel of real
property, including property that does not qualify for partial
exemption under division (A) of this section, and the manufactured
home tax charged and payable on each manufactured or mobile home, and
shall be the amounts certified to the county treasurer for
collection. Upon receipt of the real and public utility property tax
duplicate, the treasurer shall certify to the tax commissioner the
total amount by which the real property taxes were reduced under this
section, as shown on the duplicate. Such reduction shall not directly
or indirectly affect the determination of the principal amount of
notes that may be issued in anticipation of any tax levies or the
amount of bonds or notes for any planned improvements. If after
application of sections 5705.31 and 5705.32 of the Revised Code and
other applicable provisions of law, including divisions (F) and (I)
of section 321.24 of the Revised Code, there would be insufficient
funds for payment of debt charges on bonds or notes payable from
taxes reduced by this section, the reduction of taxes provided for in
this section shall be adjusted to the extent necessary to provide
funds from such taxes.

(D)
The tax commissioner may adopt rules governing the administration of
the partial exemption provided for by this section.

(E)
The determination of whether property qualifies for partial exemption
under division (A) of this section is solely for the purpose of
allowing the partial exemption under division (B) of this section.

Sec.
319.304.
(A)
As used in this section:

(1)
"Homestead" has the same meaning as in section 323.151 of
the Revised Code and also includes a manufactured or mobile home that
is owned and occupied as a home by an individual whose domicile is in
this state.

(2)
"Homestead exemption" means a reduction authorized under
section 4503.065 or division (A)(1), (2), or (3) of section 323.152
of the Revised Code.

(3)
"Income threshold" means the total income threshold
applicable for the tax year under division (A)(1)(b)(iii) of section
323.152 or division (A)(2)(a)(iii) or (A)(2)(c)(iii) of section
4503.065 of the Revised Code.

(B)
A board of county commissioners, by resolution, may authorize a
reduction in the real property taxes or manufactured home taxes
charged and payable against every homestead in the county subject to
a homestead exemption for the tax year. The board shall certify a
copy of the resolution, or a copy of any resolution repealing the
reduction's authorization, to the county auditor and tax commissioner
within thirty days after its adoption. If the resolution is adopted
on or before the first day of July of a tax year, the reduction shall
first apply or cease to apply, in the case of real property taxes, to
that tax year or, in the case of manufactured home taxes, the
following tax year. If the resolution is adopted after the first day
of July of a tax year, the reduction shall first apply or cease to
apply, in the case of real property taxes, to the following tax year
or, in the case of manufactured home taxes, the second succeeding tax
year.

(C)
The reduction shall equal the same amount as the homestead's
applicable homestead exemption for the tax year and shall be applied
concurrently with the homestead exemption. Except as otherwise
provided in division (D) of this section, no application shall be
required under section 323.153 or 4503.066 of the Revised Code for a
homestead to obtain a reduction authorized by this section, but the
reduction is otherwise subject to the same provisions as provided in
sections 323.151 to 323.159 or sections 4503.064 to 4503.069 of the
Revised Code as are applicable to a homestead exemption. The amount
of any reduction authorized under this section shall not be
reimbursed as provided in section 323.156 or 4503.068 of the Revised
Code.

(D)
A homestead that is subject to the homestead exemption authorized
under division (A)(1) of section 323.152 or division (A) of section
4503.065 of the Revised Code shall not qualify for a reduction under
this section unless the person owning and occupying the homestead or
occupying the homestead, in the case of a housing cooperative, has a
total income that does not exceed the income threshold applicable to
that tax year.

If
the person has not already reported the person's total income under
section 323.153 or 4503.066 of the Revised Code for the purpose of
the homestead exemption, the person shall not be eligible to receive
a reduction under this section unless the person files an application
verifying the person's total income in accordance with that
applicable section. The county auditor shall furnish such person a
continuing application under that section, which the person shall use
to report changes in total income in accordance with the applicable
section.

Sec.
321.03.
(A)

At
the request of the county treasurer, a board of county commissioners
may enter into a contract with any financial institution under which
the financial institution, in accordance with the terms of the
contract, receives at a post office box any type of payment or fee
owed or payable to the county, opens the mail delivered to that box,
processes the checks and other payments received in such mail and
deposits them into the treasurer's account, and provides the county
treasurer daily receipt information with respect to such payments.
The contract may provide for the financial institution to receive at
the post office box those payments and fees specifically named in the
contract or all payments and fees payable to the county, including,
but not limited to, utility, sewer, water, refuse collection, waste
disposal, and airport fees, but in any case excluding taxes. The
contract shall not be entered into unless:

(A)
There is attached to the contract a certification by the auditor of
state that the financial institution and the treasurer have given
assurances satisfactory to the auditor of state that the records of
the financial institution, to the extent that they relate to payments
covered by the contract, shall be subject to examination by the
auditor of state to the same extent as if the services that the
financial institution has agreed to perform were being performed by
the treasurer.

(B)
(1)

The contract is awarded in accordance with sections 307.86 to 307.92
of the Revised Code.

(C)
(2)

The treasurer's surety bond includes within its coverage any loss
that might occur as the result of the contract.

(D)
(3)

The provisions of the contract do not conflict with accounting and
reporting requirements prescribed by the auditor of state.

(B)
The records of the financial institution are subject to examination
by the auditor of state to the same extent as if the services that
the financial institution has agreed to perform were being performed
by the treasurer.

Sec.
323.131.
(A)
Each tax bill prepared and mailed or delivered under section 323.13
of the Revised Code shall be in the form and contain the information
required by the tax commissioner. The commissioner may prescribe
different forms for each county and may authorize the county auditor
to make up tax bills and tax receipts to be used by the county
treasurer. For any county in which the board of county commissioners
has granted a partial property tax exemption on homesteads under
section 323.158 of the Revised Code, the commissioner shall require
that the tax bills for those homesteads include a notice of the
amount of the tax reduction that results from the partial exemption.
In addition to the information required by the commissioner, each tax
bill shall contain the following information:

(1)
The taxes levied and the taxes charged and payable against the
property;

(2)
The effective tax rate. The words "effective tax rate"
shall appear in boldface type.

(3)
The following notices:

(a)
"Notice: If the taxes are not paid within sixty days from the
date they are certified delinquent, the property is subject to
foreclosure for tax delinquency." Failure to provide such notice
has no effect upon the validity of any tax foreclosure to which a
property is subjected.

(b)
"Notice: If the taxes charged against this parcel have been
reduced by the 2-1/2 per cent tax reduction for residences occupied
by the owner but the property is not a residence occupied by the
owner, the owner must notify the county auditor's office not later
than March 31 of the year following the year for which the taxes are
due. Failure to do so may result in the owner being convicted of a
fourth degree misdemeanor, which is punishable by imprisonment up to
30 days, a fine up to $250, or both, and in the owner having to repay
the amount by which the taxes were erroneously or illegally reduced,
plus any interest that may apply.

If
the taxes charged against this parcel have not been reduced by the
2-1/2 per cent tax reduction and the parcel includes a residence
occupied by the owner, the parcel may qualify for the tax reduction.
To obtain an application for the tax reduction or further
information, the owner may contact the county auditor's office at
__________ (insert the address and telephone number of the county
auditor's office)."

(4)
For a tract or lot on the real property tax suspension list under
section 319.48 of the Revised Code, the following notice: "Notice:
The taxes shown due on this bill are for the current year only.
Delinquent taxes, penalties, and interest also are due on this
property. Contact the county treasurer to learn the total amount
due."

(5)
For a property, the tax liability of which has been reduced under
section 5705.316 of the Revised Code for the current tax year, the
following notice: "Notice: The school district taxes shown due
on this bill are reduced only for the current year due to the school
district's excess carry-over balance."

The
tax bill shall not contain or be mailed or delivered with any
information or material that is not required by this section or that
is not authorized by section 321.45 of the Revised Code or by the tax
commissioner.

(B)
If the property is residential rental property, the tax bill shall
contain a statement that the owner of the residential rental property
shall file with the county auditor the information required under
division (A) or (C) of section 5323.02 of the Revised Code.

(C)
Each county auditor and treasurer shall post on their respective web
sites, or on the county's web site, the percentage of property taxes
charged by each taxing unit and, in the case of the county as a
taxing unit, the percentage of taxes charged by the county for each
of the county purposes for which taxes are charged.

(D)
As used in this section, "residential rental property" has
the same meaning as in section 5323.01 of the Revised Code.

Sec.
323.152.
In
addition to the reduction in taxes required under
section

sections

319.302

and
319.304

of the Revised Code, taxes shall be reduced as provided in divisions
(A) and (B) of this section.

(A)(1)(a)
Division (A)(1) of this section applies to any of the following
persons:

(i)
A person who is permanently and totally disabled;

(ii)
A person who is sixty-five years of age or older;

(iii)
A person who is the surviving spouse of a deceased person who was
permanently and totally disabled or sixty-five years of age or older
and who applied and qualified for a reduction in taxes under this
division in the year of death, provided the surviving spouse is at
least fifty-nine but not sixty-five or more years of age on the date
the deceased spouse dies.

(b)
Real property taxes on a homestead owned and occupied, or a homestead
in a housing cooperative occupied, by a person to whom division
(A)(1) of this section applies shall be reduced for each year for
which an application for the reduction has been approved. The
reduction shall equal one of the following amounts, as applicable to
the person:

(i)
If the person received a reduction under division (A)(1) of this
section for tax year 2006, the greater of the reduction for that tax
year or the amount computed under division (A)(1)(c) of this section;

(ii)
If the person received, for any homestead, a reduction under division
(A)(1) of this section for tax year 2013 or under division (A) of
section 4503.065 of the Revised Code for tax year 2014 or the person
is the surviving spouse of such a person and the surviving spouse is
at least fifty-nine years of age on the date the deceased spouse
dies, the amount computed under division (A)(1)(c) of this section.

(iii)
If the person is not described in division (A)(1)(b)(i) or (ii) of
this section and the person's total income does not exceed thirty
thousand dollars, as adjusted under division (A)(1)(d) of this
section, the amount computed under division (A)(1)(c) of this
section.

(c)
The amount of the reduction under division (A)(1)(c) of this section
equals the product of the following:

(i)
Twenty-five thousand dollars of the true value of the property in
money, as adjusted under division (A)(1)(d) of this section;

(ii)
The assessment percentage established by the tax commissioner under
division (B) of section 5715.01 of the Revised Code, not to exceed
thirty-five per cent;

(iii)
The effective tax rate used to calculate the taxes charged against
the property for the current year, where "effective tax rate"
is defined as in section 323.08 of the Revised Code;

(iv)
The quantity equal to one minus the sum of the percentage reductions
in taxes received by the property for the current tax year under
section 319.302 of the Revised Code and division (B) of section
323.152 of the Revised Code.

(d)
The tax commissioner shall adjust the total income threshold
described in division (A)(1)(b)(iii) and the reduction amounts
described in divisions (A)(1)(c)(i), (A)(2), and (A)(3) of this
section by completing the following calculations in September of each
year:

(i)
Determine the percentage increase in the gross domestic product
deflator determined by the bureau of economic analysis of the United
States department of commerce from the first day of January of the
preceding calendar year to the last day of December of the preceding
calendar year;

(ii)
Multiply that percentage increase by the total income threshold or
reduction amount for the current tax year, as applicable;

(iii)
Add the resulting product to the total income threshold or the
reduction amount, as applicable, for the current tax year;

(iv)
Round the resulting sum to the nearest multiple of one hundred
dollars.

The
commissioner shall certify the amount resulting from each adjustment
to each county auditor not later than the first day of December each
year. The certified total income threshold amount applies to the
following tax year for persons described in division (A)(1)(b)(iii)
of this section. The certified reduction amount applies to the
following tax year. The commissioner shall not make the applicable
adjustment in any calendar year in which the amount resulting from
the adjustment would be less than the total income threshold or the
reduction amount for the current tax year.

(2)(a)
Real property taxes on a homestead owned and occupied, or a homestead
in a housing cooperative occupied, by a disabled veteran shall be
reduced for each year for which an application for the reduction has
been approved. The reduction shall equal the product obtained by
multiplying fifty thousand dollars of the true value of the property
in money, as adjusted under division (A)(1)(d) of this section, by
the amounts described in divisions (A)(1)(c)(ii) to (iv) of this
section. The reduction is in lieu of any reduction under section
323.158 of the Revised Code or division (A)(1), (2)(b), or (3) of
this section. The reduction applies to only one homestead owned and
occupied by a disabled veteran.

(b)
Real property taxes on a homestead owned and occupied, or a homestead
in a housing cooperative occupied, by the surviving spouse of a
disabled veteran shall be reduced for each year an application for
exemption is approved. The reduction shall equal to the amount of the
reduction authorized under division (A)(2)(a) of this section.

The
reduction is in lieu of any reduction under section 323.158 of the
Revised Code or division (A)(1), (2)(a), or (3) of this section. The
reduction applies to only one homestead owned and occupied by the
surviving spouse of a disabled veteran. A homestead qualifies for a
reduction in taxes under division (A)(2)(b) of this section beginning
in one of the following tax years:

(i)
For a surviving spouse described in division (L)(1) of section
323.151 of the Revised Code, the year the disabled veteran dies;

(ii)
For a surviving spouse described in division (L)(2) of section
323.151 of the Revised Code, the first year on the first day of
January of which the total disability rating described in division
(F) of that section has been received for the deceased spouse.

In
either case, the reduction shall continue through the tax year in
which the surviving spouse dies or remarries.

(3)
Real property taxes on a homestead owned and occupied, or a homestead
in a housing cooperative occupied, by the surviving spouse of a
public service officer killed in the line of duty shall be reduced
for each year for which an application for the reduction has been
approved. The reduction shall equal the product obtained by
multiplying fifty thousand dollars of the true value of the property
in money, as adjusted under division (A)(1)(d) of this section, by
the amounts described in divisions (A)(1)(c)(ii) to (iv) of this
section. The reduction is in lieu of any reduction under section
323.158 of the Revised Code or division (A)(1) or (2) of this
section. The reduction applies to only one homestead owned and
occupied by such a surviving spouse. A homestead qualifies for a
reduction in taxes under division (A)(3) of this section for the tax
year in which the public service officer dies through the tax year in
which the surviving spouse dies or remarries.

(B)
(1)
As used in division (B) of this section, "qualifying levy"
has the same meaning as in section 319.302 of the Revised Code.

(2)

To provide a partial exemption, real property taxes on any homestead,
and manufactured home taxes on any manufactured or mobile home on
which a manufactured home tax is assessed pursuant to division (D)(2)
of section 4503.06 of the Revised Code, shall be reduced for each
year for which an application for the reduction has been approved.
The amount of the reduction shall equal two and one-half per cent of
the amount of taxes to be levied by qualifying levies on the
homestead or the manufactured or mobile home after applying section
319.301 of the Revised Code.

For
the purposes of this division, "qualifying levy" has the
same meaning as in section 319.302 of the Revised Code.

(3)
A board of county commissioners, by resolution, may authorize a
partial exemption from the real property taxes or manufactured home
taxes on any property or manufactured or mobile home that receives
the partial exemption under division (B)(2) of this section. The
resolution shall specify the amount of the partial exemption, which
may equal up to two and one-half per cent of the amount of taxes to
be levied by qualifying levies on the property or home after applying
section 319.301 of the Revised Code. The partial exemption shall be
applied concurrently with the partial exemption under division (B)(2)
of this section, and no application shall be required under section
323.153 of the Revised Code to obtain the partial exemption
authorized pursuant to this section.

The
board shall certify a copy of the resolution, or a copy of any
resolution repealing the partial exemption's authorization, to the
county auditor and tax commissioner within thirty days after its
adoption. If the resolution is adopted on or before the first day of
July of a tax year, the partial exemption shall first apply or cease
to apply, in the case of real property taxes, to that tax year or, in
the case of manufactured home taxes, the following tax year. If the
resolution is adopted after the first day of July of a tax year, the
partial exemption shall first apply or cease to apply, in the case of
real property taxes, to the following tax year or, in the case of
manufactured home taxes, the second succeeding tax year.

(C)
The reductions granted by this section do not apply to special
assessments or respread of assessments levied against the homestead,
and if there is a transfer of ownership subsequent to the filing of
an application for a reduction in taxes, such reductions are not
forfeited for such year by virtue of such transfer.

(D)
The reductions in taxable value referred to in this section shall be
applied solely as a factor for the purpose of computing the reduction
of taxes under this section and shall not affect the total value of
property in any subdivision or taxing district as listed and assessed
for taxation on the tax lists and duplicates, or any direct or
indirect limitations on indebtedness of a subdivision or taxing
district. If after application of sections 5705.31 and 5705.32 of the
Revised Code, including the allocation of all levies within the
ten-mill limitation to debt charges to the extent therein provided,
there would be insufficient funds for payment of debt charges not
provided for by levies in excess of the ten-mill limitation, the
reduction of taxes provided for in sections 323.151 to 323.159 of the
Revised Code shall be proportionately adjusted to the extent
necessary to provide such funds from levies within the ten-mill
limitation.

(E)
No reduction shall be made on the taxes due on the homestead of any
person convicted of violating division (D) or (E) of section 323.153
of the Revised Code for a period of three years following the
conviction.

Sec.
323.153.
(A)
To obtain a reduction in real property taxes under division (A) or

(B)
(B)(2)

of section 323.152 of the Revised Code or in manufactured home taxes
under division
(B)
(B)(2)

of section 323.152 of the Revised Code, the owner shall file an
application with the county auditor of the county in which the
owner's homestead is located.

To
obtain a reduction in real property taxes under division (A) of
section 323.152 of the Revised Code, the occupant of a homestead in a
housing cooperative shall file an application with the nonprofit
corporation that owns and operates the housing cooperative, in
accordance with this paragraph. Not later than the first day of March
each year, the corporation shall obtain applications from the county
auditor's office and provide one to each new occupant. Not later than
the first day of May, any occupant who may be eligible for a
reduction in taxes under division (A) of section 323.152 of the
Revised Code shall submit the completed application to the
corporation. Not later than the fifteenth day of May, the corporation
shall file all completed applications, and the information required
by division (B) of section 323.159 of the Revised Code, with the
county auditor of the county in which the occupants' homesteads are
located. Continuing applications shall be furnished to an occupant in
the manner provided in division (C)(4) of this section.

(1)
An application for reduction based upon a physical disability shall
be accompanied by a certificate signed by a physician, and an
application for reduction based upon a mental disability shall be
accompanied by a certificate signed by a physician or psychologist
licensed to practice in this state, attesting to the fact that the
applicant is permanently and totally disabled. The certificate shall
be in a form that the tax commissioner requires and shall include the
definition of permanently and totally disabled as set forth in
section 323.151 of the Revised Code. An application for reduction
based upon a disability certified as permanent and total by a state
or federal agency having the function of so classifying persons shall
be accompanied by a certificate from that agency.

An
application by a disabled veteran or the surviving spouse of a
disabled veteran for the reduction under division (A)(2)(a) or (b) of
section 323.152 of the Revised Code shall be accompanied by a letter
or other written confirmation from the United States department of
veterans affairs, or its predecessor or successor agency, showing
that the veteran qualifies as a disabled veteran.

An
application by the surviving spouse of a public service officer
killed in the line of duty for the reduction under division (A)(3) of
section 323.152 of the Revised Code shall be accompanied by a letter
or other written confirmation from an employee or officer of the
board of trustees of a retirement or pension fund in this state or
another state or from the chief or other chief executive of the
department, agency, or other employer for which the public service
officer served when killed in the line of duty affirming that the
public service officer was killed in the line of duty.

An
application for a reduction under division (A) of section 323.152 of
the Revised Code constitutes a continuing application for a reduction
in taxes for each year in which the dwelling is the applicant's
homestead.

(2)
An application for a reduction in taxes under division
(B)
(B)(2)

of section 323.152 of the Revised Code shall be filed only if the
homestead or manufactured or mobile home was transferred in the
preceding year or did not qualify for and receive the reduction in
taxes under that division for the preceding tax year. The application
for homesteads transferred in the preceding year shall be
incorporated into any form used by the county auditor to administer
the tax law in respect to the conveyance of real property pursuant to
section 319.20 of the Revised Code or of used manufactured homes or
used mobile homes as defined in section 5739.0210 of the Revised
Code. The owner of a manufactured or mobile home who has elected
under division (D)(4) of section 4503.06 of the Revised Code to be
taxed under division (D)(2) of that section for the ensuing year may
file the application at the time of making that election. The
application shall contain a statement that failure by the applicant
to affirm on the application that the dwelling on the property
conveyed is the applicant's homestead prohibits the owner from
receiving the reduction in taxes until a proper application is filed
within the period prescribed by division (A)(3) of this section. Such
an application constitutes a continuing application for a reduction
in taxes for each year in which the dwelling is the applicant's
homestead.

(3)
Failure to receive a new application filed under division (A)(1) or
(2) or notification under division (C) of this section after an
application for reduction has been approved is prima-facie evidence
that the original applicant is entitled to the reduction in taxes
calculated on the basis of the information contained in the original
application. The original application and any subsequent application,
including any late application, shall be in the form of a signed
statement and shall be filed on or before the thirty-first day of
December of the year for which the reduction is sought. The original
application and any subsequent application for a reduction in
manufactured home taxes shall be filed in the year preceding the year
for which the reduction is sought. The statement shall be on a form,
devised and supplied by the tax commissioner, which shall require no
more information than is necessary to establish the applicant's
eligibility for the reduction in taxes and the amount of the
reduction, and, except for homesteads that are units in a housing
cooperative, shall include an affirmation by the applicant that
ownership of the homestead was not acquired from a person, other than
the applicant's spouse, related to the owner by consanguinity or
affinity for the purpose of qualifying for the real property or
manufactured home tax reduction provided for in division (A) or

(B)
(B)(2)

of section 323.152 of the Revised Code. The form shall contain a
statement that conviction of willfully falsifying information to
obtain a reduction in taxes or failing to comply with division (C) of
this section results in the revocation of the right to the reduction
for a period of three years. In the case of an application for a
reduction in taxes for persons described in division (A)(1)(b)(iii)
of section 323.152 of the Revised Code, the form shall contain a
statement that signing the application constitutes a delegation of
authority by the applicant to the tax commissioner or the county
auditor, individually or in consultation with each other, to examine
any tax or financial records relating to the income of the applicant
as stated on the application for the purpose of determining
eligibility for the exemption or a possible violation of division (D)
or (E) of this section.

(B)
A late application for a tax reduction for the year preceding the
year in which an original application is filed, or for a reduction in
manufactured home taxes for the year in which an original application
is filed, may be filed with the original application. If the county
auditor determines the information contained in the late application
is correct, the auditor shall determine the amount of the reduction
in taxes to which the applicant would have been entitled for the
preceding tax year had the applicant's application been timely filed
and approved in that year.

The
amount of such reduction shall be treated by the auditor as an
overpayment of taxes by the applicant and shall be refunded in the
manner prescribed in section 5715.22 of the Revised Code for making
refunds of overpayments. The county auditor shall certify the total
amount of the reductions in taxes made in the current year under this
division to the tax commissioner, who shall treat the full amount
thereof as a reduction in taxes for the preceding tax year and shall
make reimbursement to the county therefor in the manner prescribed by
section 323.156 of the Revised Code, from money appropriated for that
purpose.

(C)(1)
If, in any year after an application has been filed under division
(A)(1) or (2) of this section, the owner does not qualify for a
reduction in taxes on the homestead or on the manufactured or mobile
home set forth on such application, the owner shall notify the county
auditor that the owner is not qualified for a reduction in taxes.

(2)
If, in any year after an application has been filed under division
(A)(1) of this section, the occupant of a homestead in a housing
cooperative does not qualify for a reduction in taxes on the
homestead, the occupant shall notify the county auditor that the
occupant is not qualified for a reduction in taxes or file a new
application under division (A)(1) of this section.

(3)
If the county auditor or county treasurer discovers that an owner of
property or occupant of a homestead in a housing cooperative not
entitled to the reduction in taxes under division (A) or
(B)
(B)(2)

of section 323.152 of the Revised Code failed to notify the county
auditor as required by division (C)(1) or (2) of this section, a
charge shall be imposed against the property in the amount by which
taxes were reduced under that division for each tax year the county
auditor ascertains that the property was not entitled to the
reduction and was owned by the current owner or, in the case of a
homestead in a housing cooperative, occupied by the current occupant.
Interest shall accrue in the manner prescribed by division (B) of
section 323.121 or division (G)(2) of section 4503.06 of the Revised
Code on the amount by which taxes were reduced for each such tax year
as if the reduction became delinquent taxes at the close of the last
day the second installment of taxes for that tax year could be paid
without penalty. The county auditor shall notify the owner or
occupant, by ordinary mail, of the charge, of the owner's or
occupant's right to appeal the charge, and of the manner in which the
owner or occupant may appeal. The owner or occupant may appeal the
imposition of the charge and interest by filing an appeal with the
county board of revision not later than the last day prescribed for
payment of real and public utility property taxes under section
323.12 of the Revised Code following receipt of the notice and
occurring at least ninety days after receipt of the notice. The
appeal shall be treated in the same manner as a complaint relating to
the valuation or assessment of real property under Chapter 5715. of
the Revised Code. The charge and any interest shall be collected as
other delinquent taxes.

(4)
Each year during January, the county auditor shall furnish by
ordinary mail a continuing application to each person receiving a
reduction under division (A) of section 323.152 of the Revised Code.
The continuing application shall be used to report changes in total
income, ownership, occupancy, disability, and other information
earlier furnished the auditor relative to the reduction in taxes on
the property. The continuing application shall be returned to the
auditor not later than the thirty-first day of December; provided,
that if such changes do not affect the status of the homestead
exemption or the amount of the reduction to which the owner is
entitled under division (A) of section 323.152 of the Revised Code or
to which the occupant is entitled under section 323.159 of the
Revised Code, the application does not need to be returned.

(5)
Each year during February, the county auditor, except as otherwise
provided in this paragraph, shall furnish by ordinary mail an
original application to the owner, as of the first day of January of
that year, of a homestead or a manufactured or mobile home that
transferred during the preceding calendar year and that qualified for
and received a reduction in taxes under division
(B)
(B)(2)

of section 323.152 of the Revised Code for the preceding tax year. In
order to receive the reduction under that division, the owner shall
file the application with the county auditor not later than the
thirty-first day of December. If the application is not timely filed,
the auditor shall not grant a reduction in taxes for the homestead
for the current year, and shall notify the owner that the reduction
in taxes has not been granted, in the same manner prescribed under
section 323.154 of the Revised Code for notification of denial of an
application. Failure of an owner to receive an application does not
excuse the failure of the owner to file an original application. The
county auditor is not required to furnish an application under this
paragraph for any homestead for which application has previously been
made on a form incorporated into any form used by the county auditor
to administer the tax law in respect to the conveyance of real
property or of used manufactured homes or used mobile homes, and an
owner who previously has applied on such a form is not required to
return an application furnished under this paragraph.

(D)
No person shall knowingly make a false statement for the purpose of
obtaining a reduction in the person's real property or manufactured
home taxes under section 323.152 of the Revised Code.

(E)
No person shall knowingly fail to notify the county auditor of
changes required by division (C) of this section that have the effect
of maintaining or securing a reduction in taxes under section 323.152
of the Revised Code.

(F)
No person shall knowingly make a false statement or certification
attesting to any person's physical or mental condition for purposes
of qualifying such person for tax relief pursuant to sections 323.151
to 323.159 of the Revised Code.

Sec.
323.155.
The
tax bill prescribed under section 323.131 of the Revised Code shall
indicate the net amount of taxes due following the reductions in
taxes under sections 319.301, 319.302,
319.304,

323.152,
and 323.16 of the Revised Code.

Any
reduction in taxes under section 323.152 of the Revised Code shall be
disregarded as income or resources in determining eligibility for any
program or calculating any payment under Title LI of the Revised
Code.

Sec.
323.156.
(A)
Within thirty days after a settlement of taxes under divisions (A)
and (C) of section 321.24 of the Revised Code, the county treasurer
shall certify to the tax commissioner one-half of the total amount of
taxes on real property that were reduced pursuant to
divisions
(A) and (B)(2) of
section
323.152 of the Revised Code for the preceding tax year. The
commissioner, within thirty days of the receipt of such
certifications, shall provide for payment to the county treasurer,
from the general revenue fund, of the amount certified, which shall
be credited upon receipt to the county's undivided income tax fund,
and an amount equal to two per cent of the amount by which taxes were
reduced, which shall be credited upon receipt to the county general
fund as a payment to the county auditor and treasurer for the costs
of administering the exemption provided under sections 323.151 to
323.159 of the Revised Code.

(B)
On or before the second Monday in September of each year, the county
treasurer shall certify to the tax commissioner the total amount by
which the manufactured home taxes levied in that year were reduced
pursuant to division
(B)
(B)(2)

of section 323.152 of the Revised Code, as evidenced by the
certificates of reduction and the tax duplicate certified to the
county treasurer by the county auditor. The commissioner, within
ninety days after the receipt of such certifications, shall provide
for payment to the county treasurer, from the general revenue fund,
of the amount certified, which shall be credited upon receipt to the
county's undivided income tax fund, and an amount equal to two per
cent of the amount by which taxes were reduced, which shall be
credited upon receipt to the county general fund as a payment to the
county auditor and treasurer for the costs of administering the
exemption provided under sections 323.151 to 323.159 of the Revised
Code.

(C)
Immediately upon receipt of funds into the county undivided income
tax fund under this section, the auditor shall distribute the full
amount thereof among the taxing districts in the county as though the
total had been paid as taxes by each person for whom taxes were
reduced under sections 323.151 to 323.159 of the Revised Code.

Sec.
323.158.
(A)
As used in this section, "qualifying county" means a county
to which both of the following apply:

(1)
At least one major league professional athletic team plays its home
schedule in the county for the season beginning in 1996;

(2)
The majority of the electors of the county, voting at an election
held in 1996, approved a referendum on a resolution of the board of
county commissioners levying a sales and use tax under sections
5739.026 and 5741.023 of the Revised Code.

(B)
On or before December 31, 1996, the board of county commissioners of
a qualifying county may adopt a resolution under this section. The
resolution shall grant a partial real property tax exemption to each
homestead in the county that also receives the tax reduction under
division
(B)
(B)(2)

of section 323.152 of the Revised Code. The partial exemption shall
take the form of the reduction by a specified percentage each year of
the real property taxes on the homestead. The resolution shall
specify the percentage, which may be any amount. The board may
include in the resolution a condition that the partial exemption will
apply only upon the receipt by the county of additional revenue from
a source specified in the resolution. The resolution shall specify
the tax year in which the partial exemption first applies, which may
be the tax year in which the resolution takes effect as long as the
resolution takes effect before the county auditor certifies the tax
duplicate of real and public utility property for that tax year to
the county treasurer. Upon adopting the resolution, the board shall
certify copies of it to the county auditor and the tax commissioner.

(C)
After complying with sections 319.301, 319.302,
319.304,

and
323.152 of the Revised Code, the county auditor shall reduce the
remaining sum to be levied against a homestead by the percentage
called for in the resolution adopted under division (B) of this
section. The auditor shall certify the amount of taxes remaining
after the reduction to the county treasurer for collection as the
real property taxes charged and payable on the homestead.

(D)
For each tax year, the county auditor shall certify to the board of
county commissioners the total amount by which real property taxes
were reduced under this section. At the time of each semi-annual
settlement of real property taxes between the county auditor and
county treasurer, the board of county commissioners shall pay to the
auditor one-half of that total amount. Upon receipt of the payment,
the county auditor shall distribute it among the various taxing
districts in the county as if it had been levied, collected, and
settled as real property taxes. The board of county commissioners
shall make the payment from the county general fund or from any other
county revenue that may be used for that purpose. In making the
payment, the board may use revenue from taxes levied by the county to
provide additional general revenue under sections 5739.021 and
5741.021 of the Revised Code or to provide additional revenue for the
county general fund under sections 5739.026 and 5741.023 of the
Revised Code.

(E)
The partial exemption under this section shall not directly or
indirectly affect the determination of the principal amount of notes
that may be issued in anticipation of a tax levy or the amount of
securities that may be issued for any permanent improvements
authorized in conjunction with a tax levy.

(F)
At any time, the board of county commissioners may adopt a resolution
amending or repealing the partial exemption granted under this
section. Upon adopting a resolution amending or repealing the partial
exemption, the board shall certify copies of it to the county auditor
and the tax commissioner. The resolution shall specify the tax year
in which the amendment or repeal first applies, which may be the tax
year in which the resolution takes effect as long as the resolution
takes effect before the county auditor certifies the tax duplicate of
real and public utility property for that tax year to the county
treasurer.

(G)
If a person files a late application for a tax reduction under
division
(B)
(B)(2)

of section 323.152 of the Revised Code for the preceding year, and is
granted the reduction, the person also shall receive the reduction
under this section for the preceding year. The county auditor shall
credit the amount of the reduction against the person's current year
taxes, and shall include the amount of the reduction in the amount
certified to the board of county commissioners under division (D) of
this section.

Sec.
323.611.
(A)

At
the request of the county treasurer, a board of county commissioners
may enter into a contract with any financial institution under which
the financial institution, in accordance with the terms of the
contract, receives real property and manufactured home tax payments
at a post office box, opens the mail delivered to that box, processes
the checks and other payments received in such mail and deposits them
into the treasurer's account, and provides the county treasurer daily
receipt information with respect to such payments. The contract shall
not be entered into unless:

(A)
There is attached to the contract a certification by the auditor of
state that the financial institution and the treasurer have given
assurances satisfactory to the auditor of state that the records of
the financial institution, to the extent that they relate to tax
payments covered by the contract, shall be subject to audit by the
auditor of state to the same extent as if the services for which the
financial institution has agreed to perform were being performed by
the treasurer;

(B)
(1)

The contract is awarded in accordance with sections 307.86 to 307.92
of the Revised Code;

(C)
(2)

The treasurer's surety bond includes within its coverage any loss
that might occur as the result of the contract;

(D)
(3)

The provisions of the contract do not conflict with accounting and
reporting requirements prescribed by the auditor of state.

(B)
The records of the financial institution are subject to examination
by the auditor of state to the same extent as if the services that
the financial institution has agreed to perform were being performed
by the treasurer of state.

Sec.
325.18.
(A)

The
salary amounts under sections 325.06 and 325.11 of the Revised Code
shall be increased as follows:

(1)

Beginning
in calendar year 2020 and in each calendar year thereafter through
calendar year
2028
2025
,

the
salary amounts under sections 325.06 and 325.11 of the Revised Code
shall be increased
by
one and three-quarters per cent
;

(2)
Beginning in calendar year 2026 and in each calendar year thereafter
through calendar year 2029, by five per cent
.

(B)

The
salary amounts under sections 325.03, 325.04, 325.08, 325.09, 325.10,
325.14, and 325.15 of the Revised Code shall be increased as follows:

(1)

Beginning in calendar year 2021 and in each calendar year thereafter
through calendar year
2028
2025
,

the
salary amounts under sections 325.03, 325.04, 325.08, 325.09, 325.10,
325.14, and 325.15 of the Revised Code shall be increased
by
one and three-quarters per cent
;

(2)
Beginning in calendar year 2026 and in each calendar year thereafter
through calendar year 2029, by five per cent
.

(C)
Notwithstanding this section and sections 325.06, 325.11, 325.14, and
325.15 of the Revised Code, when computing a salary for any elected
county officer under any of those sections, if the population range
for the class under which the officer is to be compensated is not the
same as the population range for that class for any other such
elected county office, the class at which the officer's salary is
determined shall be the highest class at which any officer from that
same county is compensated under the population range applicable to
that officer.

Sec.
325.25.
Upon

(A)
Subject to division (B) of this section, upon
notifying
the board of county commissioners, any appointing authority of a
county office, department, commission, board, or body, or of a common
pleas court, county court, or county-operated municipal court as
defined in section 1901.03 of the Revised Code, may establish a
program to recognize outstanding employee performance. The program
may include, but is not limited to, cash awards, additional paid
leave, or other additional benefits as the appointing authority
considers appropriate
,
so long as the
.

(B)(1)
The
costs
of the program
do

shall

not
exceed the total amount of compensation fixed by the board of county
commissioners for the office, department, commission, board, or body
or for the common pleas court, county court, or county-operated
municipal court.

(2)
Unless authorized in writing by the board of county commissioners,
the total amount of cash awards shall not exceed, per employee in any
calendar year, ten per cent of the compensation the employee receives
that calendar year.

Sec.
340.01.
(A)
As used in this chapter:

(1)
"Addiction," "addiction services," "alcohol
and drug addiction services," "alcohol use disorder,"
"certifiable services and supports," "community
addiction services provider," "community mental health
services provider," "drug addiction," "gambling
addiction services," "included opioid and co-occurring drug
addiction services and recovery supports," "mental health
services," "mental illness," "recovery housing
residence," and "recovery supports" have the same
meanings as in section 5119.01 of the Revised Code.

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

(B)
An alcohol, drug addiction, and mental health service district shall
be established in any county or combination of counties having a
population of at least fifty thousand. With the approval of the
director of
mental

behavioral

health

and
addiction services
,
any county or combination of counties having a population of less
than fifty thousand may establish such a district. Districts
comprising more than one county shall be known as joint-county
districts.

The
board of county commissioners of any county participating in a
joint-county district may submit a resolution requesting withdrawal
from the district together with a comprehensive plan or plans that
are in compliance with rules adopted by the director of
mental

behavioral

health

and
addiction services
under
section 5119.22 of the Revised Code to the board of alcohol, drug
addiction, and mental health services, to the boards of county
commissioners of each county in the district, and to the director.
The plan or plans shall include all of the following: proposed bylaws
for the operation of the newly established district; a list of
potential board members; a list of the behavioral health services
available in the newly established district, including inpatient,
outpatient, prevention, and housing services; equitable adjustment
and division of all services, assets, property, debts, and
obligations of the former joint-county district; a plan ensuring no
disruption in behavioral health services in the newly established
district; and provision for the employment of an executive director
of the newly established district.

The
director shall approve the plan not later than one year after the
date the resolution was adopted by the board of county commissioners.
No county participating in a joint-county district may withdraw from
the district without the consent of the director of
mental

behavioral

health

and
addiction services
nor
earlier than one year after the submission of such resolution unless
all of the participating counties agree to an earlier withdrawal.

Any
county withdrawing from a joint-county district shall continue to
have levied against its tax list and duplicate any tax levied by the
district during the period in which the county was a member of the
district until such time as the levy expires or is renewed or
replaced.

(C)
For any tax levied under section 5705.19 of the Revised Code by a
board of a joint-county district formed on or after April 3, 2023,
revenue from the tax shall only be expended for the benefit of the
residents of the county from which the revenue is derived. For the
purpose of this division, a joint-county district is not formed by
virtue of a county joining or withdrawing from a district or if a
joint-county service district merges with another joint-county
district.

Sec.
340.011.
(A)
This chapter shall be interpreted to accomplish all of the following:

(1)
Establish a unified system of treatment for persons with mental
illnesses and persons with addictions;

(2)
Establish a community support system available for every alcohol,
drug addiction, and mental health service district;

(3)
Protect the personal liberty of persons with mental illnesses so that
they may be treated in the least restrictive environment;

(4)
Encourage the development of high quality, cost effective, and
comprehensive services, including culturally sensitive services;

(5)
Foster the development of comprehensive community mental health
services, based on recognized local needs, especially for persons
with severe mental disabilities;

(6)
Ensure that services provided meet minimum standards established by
the director of
mental

behavioral

health

and
addiction services
;

(7)
Promote the delivery of high quality and cost-effective addiction and
mental health services;

(8)
Promote the participation of persons receiving mental health services
and addiction services in the planning, delivery, and evaluation of
these services.

(B)
Nothing in Chapter 340., 5119., or 5122. of the Revised Code shall be
construed as requiring a board of county commissioners to provide
resources beyond the total amount set forth in a budget and list of
addiction services, mental health services, and recovery supports
required by section 340.08 of the Revised Code and approved by the
department of
mental

behavioral

health

and
addiction services
under
section 5119.22 of the Revised Code.

Sec.
340.02.
(A)
For each alcohol, drug addiction, and mental health service district,
there shall be appointed a board of alcohol, drug addiction, and
mental health services. As provided in this section, the board shall
consist of eighteen members, fifteen members, fourteen members,
twelve members, or nine members.

In
a single-county district, the size of the board shall be determined
by the board of county commissioners representing the county that
constitutes the district. In a joint-county district, the size of the
board shall be determined jointly by all of the boards of county
commissioners representing the counties that constitute the district.

The
determination of board size shall be made by selecting one of the
options described in division (B) of this section. After an option is
selected and implemented, a subsequent determination of board size
may be made, except that subsequent determinations shall not occur
more frequently than once every four calendar years.

If
a selected option would result in a change in board size, before the
option may be implemented the board of county commissioners or boards
of county commissioners, as the case may be, shall send a
representative to a meeting of the board of alcohol, drug addiction,
and mental health services to solicit feedback about the matter.
After considering any feedback received, the board or boards of
county commissioners may proceed with implementing the change in
board size. If the change results in a reduction of board members,
the reduction shall be implemented by not filling vacancies as they
occur.

To
implement a selected option that would result in the establishment of
a new board of alcohol, drug addiction, and mental health services or
in a change in size of an existing board, the board or boards of
county commissioners, as the case may be, shall adopt a resolution
specifying the board size that has been selected. The board or boards
of county commissioners also shall notify the department of
mental

behavioral

health

and
addiction services
of
the board size that has been selected.

(B)(1)
In the case of a board of alcohol, drug addiction, and mental health
services that is established on or after
the
effective date of this amendment

October
3, 2023
,
any of the following options may be selected for purposes of division
(A) of this section:

(a)
To establish the board as an eighteen-member board;

(b)
To establish the board as a fifteen-member board;

(c)
To establish the board as a fourteen-member board;

(d)
To establish the board as a twelve-member board;

(e)
To establish the board as a nine-member board;

(f)
To change the board's size after it has been established by selecting
a number of members that is eighteen, fifteen, fourteen, twelve, or
nine, as the case may be.

(2)
In the case of a board of alcohol, drug addiction, and mental health
services that existed immediately prior to
the
effective date of this amendment

October
3, 2023
,
either of the following options may be selected for purposes of
division (A) of this section:

(a)
To continue the board's operation as an eighteen-member or
fourteen-member board, as a board of that size was authorized prior
to
the
effective date of this amendment

October
3, 2023
,
in which case no further action is required;

(b)
To change the board's size by selecting a number of members that is
eighteen, fifteen, fourteen, twelve, or nine as the case may be.

(C)
All members shall be residents of the service district. The
membership shall, as nearly as possible, reflect the composition of
the population of the service district as to race and sex.

The
director of
mental

behavioral

health

and
addiction services
shall
appoint one-third of the members of the board and the board of county
commissioners shall appoint two-thirds of the members. In a
joint-county district, the board of county commissioners of each
participating county shall appoint members in as nearly as possible
the same proportion as that county's population bears to the total
population of the district, except that at least one member shall be
appointed from each participating county.

The
director of
mental

behavioral

health

and
addiction services
shall
ensure that at least one member of the board is a clinician with
experience in the delivery of mental health services, at least one
member of the board is a person who has received or is receiving
mental health services, at least one member of the board is a parent
or other relative of such a person, at least one member of the board
is a clinician with experience in the delivery of addiction services,
at least one member of the board is a person who has received or is
receiving addiction services, and at least one member of the board is
a parent or other relative of such a person. A single member who
meets both qualifications may fulfill the requirement for a clinician
with experience in the delivery of mental health services and a
clinician with experience in the delivery of addiction services.

No
member or employee of a board of alcohol, drug addiction, and mental
health services shall serve as a member of the board of any provider
with which the board of alcohol, drug addiction, and mental health
services has entered into a contract for the provision of services or
facilities. No member of a board of alcohol, drug addiction, and
mental health services shall be an employee of any provider with
which the board has entered into a contract for the provision of
services or facilities. No person shall be an employee of a board and
such a provider unless the board and provider both agree in writing.

No
person shall serve as a member of the board of alcohol, drug
addiction, and mental health services whose spouse, child, parent,
brother, sister, grandchild, stepparent, stepchild, stepbrother,
stepsister, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, or sister-in-law serves as a member
of the board of any provider with which the board of alcohol, drug
addiction, and mental health services has entered into a contract for
the provision of services or facilities. No person shall serve as a
member or employee of the board whose spouse, child, parent, brother,
sister, stepparent, stepchild, stepbrother, stepsister,
father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, or sister-in-law serves as a county commissioner of a
county or counties in the alcohol, drug addiction, and mental health
service district.

Each
year each board member shall attend at least one inservice training
session provided or approved by the department of
mental

behavioral

health

and
addiction services
.

Each
member shall be appointed for a term of four years, commencing the
first day of July, except that when a board is established on or
after
the
effective date of this amendment

October
3, 2023
,
the initial appointments shall be staggered among the members as
equally as possible with terms of two years, three years, and four
years.

No
member shall serve more than two consecutive four-year terms under
the same appointing authority. A member may serve for three
consecutive terms under the same appointing authority only if one of
the terms is for less than two years. A member who has served two
consecutive four-year terms or three consecutive terms totaling less
than ten years is eligible for reappointment by the same appointing
authority one year following the end of the second or third term,
respectively.

When
a vacancy occurs, appointment for the expired or unexpired term shall
be made in the same manner as an original appointment. The board
shall notify the appointing authority either by certified mail or, if
the board has record of an internet identifier of record associated
with the authority, by ordinary mail and by that internet identifier
of record of any vacancy and shall fill the vacancy within sixty days
following that notice. As used in this paragraph, "internet
identifier of record" has the same meaning as in section 9.312
of the Revised Code.

Any
member of the board may be removed from office by the appointing
authority at will. Before a member may be removed at will, the member
shall be informed in writing of the proposed removal and afforded an
opportunity for a public hearing. Upon the absence of a member within
one year from either four board meetings or from two board meetings
without prior notice, the board shall notify the appointing
authority, which may vacate the appointment and appoint another
person to complete the member's term.

Members
of the board shall serve without compensation, but shall be
reimbursed for actual and necessary expenses incurred in the
performance of their official duties, as defined by rules of the
department of
mental

behavioral

health

and
addiction services
.

Sec.
340.021.
(A)
In an alcohol, drug addiction, and mental health service district
where the board of county commissioners has established an alcohol
and drug addiction services board, the community mental health board
established under former section 340.02 of the Revised Code shall
serve as the entity responsible for providing mental health services
in the county. A community mental health board has all the powers,
duties, and obligations of a board of alcohol, drug addiction, and
mental health services with regard to mental health services. An
alcohol and drug addiction services board has all the powers, duties,
and obligations of a board of alcohol, drug addiction, and mental
health services with regard to addiction services. Any provision of
the Revised Code that refers to a board of alcohol, drug addiction,
and mental health services with regard to mental health services also
refers to a community mental health board and any provision that
refers to a board of alcohol, drug addiction, and mental health
services with regard to alcohol and drug addiction services also
refers to an alcohol and drug addiction services board.

An
alcohol and drug addiction services board shall consist of eighteen
members or fourteen members, at the election of the board. Not later
than January 1, 2014, each alcohol and drug addiction services board
shall notify the department of
mental

behavioral

health

and
addiction services
of
its election to operate as an eighteen-member board or to operate as
a fourteen-member board. The election shall be final. Failure to
provide notice of its election to the department on or before January
1, 2014, shall constitute an election to continue to operate as an
eighteen-member board. If an existing board provides timely notice of
its election to operate as a fourteen-member board, the number of
board members may decline from eighteen to fourteen by attrition as
current members' terms expire. However, the composition of the board
must reflect the requirements set forth in this section and in
applicable provisions of section 340.02 of the Revised Code for
fourteen-member boards. For boards operating as eighteen-member
boards, six members shall be appointed by the director of
mental

behavioral

health

and
addiction services
and
twelve members shall be appointed by the board of county
commissioners. The director of
mental

behavioral

health

and
addiction services
shall
ensure that at least one member of the board is a person who has
received or is receiving services for alcohol, drug, or gambling
addiction, at least one member is a parent or relative of such a
person, and at least one member is a clinician with experience in the
delivery of addiction services. The membership of the board shall, as
nearly as possible, reflect the composition of the population of the
service district as to race and sex. Members shall be residents of
the service district and shall be interested in alcohol, drug, or
gambling addiction services. Requirements for membership, including
prohibitions against certain family and business relationships, and
terms of office shall be the same as those for members of boards of
alcohol, drug addiction, and mental health services.

A
community mental health board shall consist of eighteen members or
fourteen members, at the election of the board. Not later than
January 1, 2014, each community mental health board shall notify the
department of
mental

behavioral

health

and
addiction services
of
its election to operate as an eighteen-member board or to operate as
a fourteen-member board. The election shall be final. Failure to
provide notice of its election to the department on or before January
1, 2014, shall constitute an election to continue to operate as an
eighteen-member board. If an existing board provides timely notice of
its election to operate as a fourteen-member board, the number of
board members may decline from eighteen to fourteen by attrition as
current members' terms expire. However, the composition of the board
must reflect the requirements set forth in this section and in
applicable provisions of section 340.02 of the Revised Code for
fourteen-member boards. For boards operating as eighteen-member
boards, six members shall be appointed by the director of
mental

behavioral

health

and
addiction services
and
twelve members shall be appointed by the board of county
commissioners. The director of
mental

behavioral

health

and
addiction services
shall
ensure that at least one member of the board is a person who has
received or is receiving mental health services, at least one member
is a parent or relative of such a person, and at least one member is
a clinician with experience in the delivery of mental health
services. The membership of the board as nearly as possible shall
reflect the composition of the population of the service district as
to race and sex. Members shall be residents of the service district
and shall be interested in mental health services. Requirements for
membership, including prohibitions against certain family and
business relationships, and terms of office shall be the same as
those for members of boards of alcohol, drug addiction, and mental
health services.

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

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

behavioral

health

and
addiction services
.

(b)
The appointing authorities shall appoint the initial members from
among the members jointly recommended under division (B)(1)(a) of
this section unless the appointment is otherwise prohibited by law.

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

Sec.
340.022.
Notwithstanding
the procedures established by section 340.02 of the Revised Code for
determining the size of a board of alcohol, drug addiction, and
mental health services, the size of a board shall be determined in
accordance with this section in both of the following circumstances:

(A)(1)
If the director of
mental

behavioral

health

and
addiction services
during
the period beginning January 1, 2021, and ending December 31, 2022,
grants approval to a board of county commissioners of a county with a
population of at least seventy thousand but not more than eighty
thousand, according to data from the 2010 federal census, to withdraw
from a joint-county alcohol, drug addiction, and mental health
service district pursuant to section 340.01 of the Revised Code, the
size of the board shall be determined by the board of county
commissioners representing the county that constitutes the
single-county alcohol, drug addiction, and mental health service
district created as a result of the withdrawal. The determination
shall be made from among the options that may be selected under
division (A)(2) of this section. Once an option is selected, the
board of county commissioners shall adopt a resolution specifying the
selection that has been made and shall notify the department of

mental

behavioral

health

and
addiction services
.
After the resolution is adopted and the department is notified, the
determination of size is final.

(2)
In the case of a board of alcohol, drug addiction, and mental health
services that is established on or after the date the director grants
the approval to withdraw described in division (A)(1) of this
section, either of the following options may be selected by the board
of county commissioners when making the determination required under
that division:

(a)
To establish the board as an eighteen-member board;

(b)
To establish the board as a fourteen-member board.

(3)
When a board is established on or after September 30, 2021, the
initial appointments shall be staggered among the members as equally
as possible with terms of two years, three years, and four years.

(B)(1)
If a county with a population of at least thirty-five thousand but
not more than forty-five thousand, according to data from the 2010
federal census, joins an existing alcohol, drug addiction, and mental
health service district during the period beginning on June 30, 2021,
and ending June 30, 2023, the existing board of alcohol, drug
addiction, and mental health services serving that district may elect
to expand its membership to eighteen members if the existing board
has fourteen members.

(2)
The option to expand the board, as provided in division (B)(1) of
this section, is available only during the twelve-month period
beginning on the date the county with a population of at least
thirty-five thousand but not more than forty-five thousand joins the
alcohol, drug addiction, and mental health service district served by
the board. The additional members shall be appointed in the manner
specified in section 340.02 of the Revised Code.

Sec.
340.03.
(A)
Subject to rules issued by the director of
mental

behavioral

health

and
addiction services
after
consultation with relevant constituencies as required by division
(A)(10) of section 5119.21 of the Revised Code, each board of
alcohol, drug addiction, and mental health services shall:

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

(a)
Evaluate the need for facility services, addiction services, mental
health services, and recovery supports;

(b)
In cooperation with other local and regional planning and funding
bodies and with relevant ethnic organizations, evaluate strengths and
challenges and set priorities for addiction services, mental health
services, and recovery supports. A board shall include treatment and
prevention services when setting priorities for addiction services
and mental health services. When a board sets priorities for
addiction services, the board shall consult with the county
commissioners of the counties in the board's service district
regarding the services described in section 340.15 of the Revised
Code and shall give priority to those services, except that those
services shall not have a priority over services provided to pregnant
women under programs developed in relation to the mandate established
in section 5119.17 of the Revised Code.

(c)
In accordance with guidelines issued by the director of
mental

behavioral

health

and
addiction services
under
division (F) of section 5119.22 of the Revised Code, annually develop
and submit to the department of
mental

behavioral

health

and
addiction services
a
community addiction and mental health plan that addresses both of the
following:

(i)
The needs of all residents of the service district currently
receiving inpatient services in state-operated hospitals, the needs
of other populations as required by state or federal law or programs,
and the needs of all children subject to a determination made
pursuant to section 121.38 of the Revised Code;

(ii)
The department's priorities for facility services, addiction
services, mental health services, and recovery supports during the
period for which the plan will be in effect. The department shall
inform all of the boards of the department's priorities in a timely
manner that enables the boards to know the department's priorities
before the boards develop and submit the plans.

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

The
department shall approve or disapprove the plan, in whole or in part,
in accordance with division (G) of section 5119.22 of the Revised
Code. Eligibility for state and federal funding shall be contingent
upon an approved plan or relevant part of a plan.

If
a board determines that it is necessary to amend an approved plan,
the board shall submit a proposed amendment to the director. The
director shall approve or disapprove all or part of the amendment in
accordance with division (H) of section 5119.22 of the Revised Code.

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

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

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

(3)
For the purpose of section 5119.36 of the Revised Code, cooperate
with the director of
mental

behavioral

health

and
addiction services
in
visiting and evaluating whether the certifiable services and supports
of a community addiction services provider or community mental health
services provider satisfy the certification standards established by
rules adopted under that section. In addition, a board may provide
input and recommendations to the department when an application for
certification or the renewal of a certification has been submitted by
a provider or when a provider is being investigated by the
department, if the board, in either of those circumstances, is aware
of information that would be beneficial to the department's
consideration of the matter.

(4)
In accordance with criteria established under division (D) of section
5119.22 of the Revised Code, conduct program audits that review and
evaluate the quality, effectiveness, and efficiency of addiction
services, mental health services, and recovery supports provided by
community addiction services providers and community mental health
services providers under contract with the board and submit the
board's findings and recommendations to the department of
mental

behavioral

health

and
addiction services
;

(5)
In accordance with section 5119.34 of the Revised Code, review an
application for a residential facility license and provide to the
department of
mental

behavioral

health

and
addiction services
any
information about the applicant or facility that the board would like
the department to consider in reviewing the application;

(6)
Audit, in accordance with rules adopted by the auditor of state
pursuant to section 117.20 of the Revised Code, at least annually all
programs, addiction services, mental health services, and recovery
supports provided under contract with the board. In so doing, the
board may contract for or employ the services of private auditors. A
copy of the fiscal audit report shall be provided to the director of

mental

behavioral

health

and
addiction services
,
the auditor of state, and the county auditor of each county in the
board's district.

(7)
Recruit and promote local financial support for addiction services,
mental health services, and recovery supports from private and public
sources;

(8)
In accordance with guidelines issued by the department as necessary
to comply with state and federal laws pertaining to financial
assistance, approve fee schedules and related charges or adopt a unit
cost schedule or other methods of payment for addiction services,
mental health services, and recovery supports provided by community
addiction services providers and community mental health services
providers that have contracted with the board under section 340.036
of the Revised Code;

(9)
Submit to the director and the county commissioners of the county or
counties served by the board, and make available to the public, an
annual report of the addiction services, mental health services, and
recovery supports under the jurisdiction of the board, including a
fiscal accounting;

(10)
Establish a method for evaluating referrals for court-ordered
treatment and affidavits filed pursuant to section 5122.11 of the
Revised Code in order to assist the probate division of the court of
common pleas in determining whether there is probable cause that a
respondent is subject to court-ordered treatment and whether
alternatives to hospitalization are available and appropriate;

(11)
Designate the treatment services, provider, facility, or other
placement for each person involuntarily committed to the board
pursuant to Chapter 5122. of the Revised Code. The board shall
provide the least restrictive and most appropriate alternative that
is available for any person involuntarily committed to it and shall
assure that the list of addiction services, mental health services,
and recovery supports submitted and approved in accordance with
division (B) of section 340.08 of the Revised Code are available to
persons with severe mental disabilities residing within its service
district. The board shall establish the procedure for authorizing
payment for the services and supports, which may include prior
authorization in appropriate circumstances. In accordance with
section 340.037 of the Revised Code, the board may provide addiction
services and mental health services directly to a person with a
severe mental disability when life or safety is endangered and when
no community addiction services provider or community mental health
services provider is available to provide the service.

(12)
Ensure that housing built, subsidized, renovated, rented, owned, or
leased by the board or a community addiction services provider or
community mental health services provider has been approved as
meeting minimum fire safety standards and that persons residing in
the housing have access to appropriate and necessary services,
including culturally relevant services, from a community addiction
services provider or community mental health services provider. This
division does not apply to residential facilities licensed pursuant
to section 5119.34 of the Revised Code.

(13)
Establish a mechanism for obtaining advice and involvement of persons
receiving addiction services, mental health services, or recovery
supports on matters pertaining to services and supports in the
alcohol, drug addiction, and mental health service district;

(14)
Perform the duties required by rules adopted under section 5119.22 of
the Revised Code regarding referrals by the board or community mental
health services providers under contract with the board of
individuals with mental illness or severe mental disability to class
two residential facilities licensed under section 5119.34 of the
Revised Code and effective arrangements for ongoing mental health
services for the individuals. The board is accountable in the manner
specified in the rules for ensuring that the ongoing mental health
services are effectively arranged for the individuals.

(B)
Each board of alcohol, drug addiction, and mental health services
shall establish such rules, operating procedures, standards, and
bylaws, and perform such other duties as may be necessary or proper
to carry out the purposes of this chapter.

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

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

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

(F)(1)
A board of alcohol, drug addiction, and mental health services may
establish a rule, operating procedure, standard, or bylaw to allow
the executive director of the board to execute both of the following
types of contracts valued at twenty-five thousand dollars or less, as
determined by the board, on behalf of the board without the board's
prior approval:

(a)
Emergency contracts for clinical services or recovery support
services;

(b)
Standard service contracts pertaining to the board's operations.

(2)
If a board establishes a rule, operating procedure, standard, or
bylaw under division (F)(1) of this section, both of the following
shall be the case:

(a)
The board shall define the scope of contracts described in divisions
(F)(1)(a) and (b) of this section in that rule, operating procedure,
standard, or bylaw.

(b)
The board shall disclose the existence of a contract executed
pursuant to the rule, operating procedure, standard, or bylaw at the
first board meeting that occurs after the contract was executed and
ensure that a record of that disclosure is included in the written
minutes of that meeting.

Sec.
340.032.
Subject
to rules adopted by the director of
mental

behavioral

health

and
addiction services
after
consultation with relevant constituencies as required by division
(A)(10) of section 5119.21 of the Revised Code, each board of
alcohol, drug addiction, and mental health services shall do all of
the following:

(A)
Establish, to the extent resources are available, a community-based
continuum of care that includes all of the following as essential
elements:

(1)
Prevention and wellness management services;

(2)
At least both of the following outreach and engagement activities:

(a)
Locating persons in need of addiction services and persons in need of
mental health services to inform them of available addiction
services, mental health services, and recovery supports;

(b)
Helping persons who receive addiction services and persons who
receive mental health services obtain services necessary to meet
basic human needs for food, clothing, shelter, medical care, personal
safety, and income.

(3)
Assessment services;

(4)
Care coordination;

(5)
Residential services;

(6)
At least the following outpatient services:

(a)
Nonintensive;

(b)
Intensive, such as partial hospitalization and assertive community
treatment;

(c)
Withdrawal management;

(d)
Emergency and crisis.

(7)
Where appropriate, at least the following inpatient services:

(a)
Psychiatric care;

(b)
Medically managed alcohol or drug treatment.

(8)
At least all of the following recovery supports:

(a)
Peer support;

(b)
A wide range of housing and support services, including recovery
housing residences;

(c)
Employment, vocational, and educational opportunities;

(d)
Assistance with social, personal, and living skills;

(e)
Multiple paths to recovery such as twelve-step approaches and parent
advocacy connection;

(f)
Support, assistance, consultation, and education for families,
friends, and persons receiving addiction services, mental health
services, and recovery supports.

(9)
In accordance with section 340.033 of the Revised Code, an array of
addiction services and recovery supports for all levels of opioid and
co-occurring drug addiction;

(10)
Any additional elements the department of
mental

behavioral

health

and
addiction services
,
pursuant to section 5119.21 of the Revised Code, determines are
necessary to establish the community-based continuum of care.

(B)
Ensure that the rights of persons receiving any elements of the
community-based continuum of care are protected;

(C)
Ensure that persons receiving any elements of the community-based
continuum of care are able to utilize grievance procedures applicable
to the elements.

Sec.
340.034.
All
of the following apply to recovery housing residences required by
section 340.033 of the Revised Code to be part of included opioid and
co-occurring drug addiction services and recovery supports:

(A)
A recovery housing residence shall comply with the requirements of
being monitored by the department of
mental

behavioral

health

and
addiction services
under
sections 5119.39 to 5119.396 of the Revised Code and any rules
adopted under section 5119.397 of the Revised Code, but the residence
is not subject to residential facility licensure by the department
under section 5119.34 of the Revised Code.

(B)
A recovery housing residence shall not be operated by a board of
alcohol, drug addiction, and mental health services unless any of the
following applies:

(1)
The board operated the recovery housing residence on July 1, 2017.

(2)
The board utilizes local funds in the development or operation of the
recovery housing residence.

(3)
The board determines that there is a need for the board to assume
operation of the recovery housing residence, such as when an existing
operator of the residence goes out of business and the board
considers the assumption of operation of the residence to be in the
best interest of the community.

(C)
A recovery housing residence shall have protocols for all of the
following:

(1)
Administrative oversight;

(2)
Quality standards;

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

(D)
Family members of a resident of a recovery housing residence may
reside in the residence to the extent permitted by protocols of the
residence.

(E)
A recovery housing residence shall not limit a resident's duration of
stay to an arbitrary or fixed amount of time. Instead, each
resident's duration of stay shall be determined by the resident's
needs, progress, and willingness to abide by the residence's
protocols, in collaboration with the residence's operator, and, if
appropriate, in consultation and integration with a community
addiction services provider.

(F)
A recovery housing residence may permit its residents to receive
medication-assisted treatment.

(G)
A resident of a recovery housing residence may receive addiction
services that are certified by the department under section 5119.36
of the Revised Code.

Sec.
340.036.
(A)
Subject to division (B) of this section and rules adopted by the
director of
mental

behavioral

health

and
addiction services
after
consultation with relevant constituencies as required by division
(A)(10) of section 5119.21 of the Revised Code, each board of
alcohol, drug addiction, and mental health services shall enter into
contracts with all of the following:

(1)
Public and private facilities for the operation of facility services;

(2)
Community addiction services providers for addiction services and
recovery supports;

(3)
Community mental health services providers for mental health services
and recovery supports.

(B)
No board shall do any of the following:

(1)
Contract with a residential facility required to be licensed under
section 5119.34 of the Revised Code unless the facility is so
licensed;

(2)
Contract with a community addiction services provider or community
mental health services provider for certifiable services and supports
unless the certifiable services and supports are certified under
section 5119.36 of the Revised Code;

(3)
Contract with a community addiction services provider or community
mental health services provider for recovery supports that are
required by the director to meet quality criteria or core
competencies unless the recovery supports meet the criteria or
competencies.

(C)
When a board contracts with a community addiction services provider
or community mental health services provider for addiction services,
mental health services, or recovery supports, all of the following
apply:

(1)
The board shall consider both of the following:

(a)
The cost effectiveness and quality of the provider's services and
supports;

(b)
Continuity of care.

(2)
The board may review cost elements, including salary costs, of the
services and supports.

(3)
The board may establish, in a way that is most effective and
efficient in meeting local needs, a utilization review process as
part of the contract.

(4)
The board may contract with a government entity, for-profit entity,
or nonprofit entity. Any such entity may be faith-based.

(D)
If a party to a contract entered into under this section proposes not
to renew the contract or proposes substantial changes in contract
terms, the other party shall be given written notice at least one
hundred twenty days before the expiration date of the contract.
During the first sixty days of this one-hundred-twenty-day period,
both parties shall attempt to resolve any dispute through good faith
collaboration and negotiation in order to continue to provide
services and supports to persons in need. If the dispute has not been
resolved sixty days before the expiration date of the contract,
either party may notify the director of the unresolved dispute. The
director may require both parties to submit the dispute to another
entity with the cost to be shared by the parties. Not later than
twenty days before the expiration date of the contract or a later
date to which both parties agree, the other entity shall issue to the
parties and director recommendations on how the dispute may be
resolved. The director shall adopt rules establishing the procedures
of this dispute resolution process.

(E)
Section 307.86 of the Revised Code does not apply to contracts
entered into under this section.

Sec.
340.037.
(A)
Subject to division (B) of this section and rules adopted by the
director of
mental

behavioral

health

and
addiction services
after
consultation with relevant constituencies as required by division
(A)(10) of section 5119.21 of the Revised Code, a board of alcohol,
drug addiction, and mental health services may operate a facility or
provide an addiction service or mental health service if both of the
following apply:

(1)
The director gives the board prior approval;

(2)
There is no other qualified private or public facility, community
addiction services provider, or community mental health services
provider that is immediately available and willing to operate such a
facility or provide the service.

(B)(1)
In an emergency situation, a board may operate a facility or provide
an addiction service or mental health service in order to provide
essential services for the duration of the emergency.

(2)
In a service district with a population of at least one hundred
thousand but less than five hundred thousand, a board may operate a
facility or provide an addiction service or mental health service for
not longer than one year.

(3)
In a service district with a population of less than one hundred
thousand, a board may operate a facility or provide an addiction
service or mental health service for not longer than one year, except
that the board may operate a facility or provide an addiction service
or mental health service for more than one year with the prior
approval of both of the following:

(a)
The director;

(b)
The board of county commissioners with jurisdiction over the service
district or, if the service district is a joint-county district, a
majority of the boards of county commissioners with jurisdiction over
the district.

(C)
The director shall not do any of the following:

(1)
Except in an emergency situation, give a board approval to operate a
facility or provide an addiction service or mental health service
unless the director determines that it is not feasible to have the
department operate the facility or provide the service;

(2)
Give a board that serves a service district with a population of less
than one hundred thousand approval to operate a facility or provide
an addiction service or mental health service unless the director
determines that the board will provide greater administrative
efficiency and more or better services than would be available if the
board contracted with a private or public facility, community
addiction services provider, or community mental health services
provider;

(3)
Give a board approval to operate a facility previously operated by a
person or other government entity unless the board has established to
the director's satisfaction that the person or other government
entity cannot effectively operate the facility or that the person or
other government entity has requested the board to take over
operation of the facility;

(4)
Give a board approval to provide an addiction service or mental
health service previously provided by a community addiction services
provider or community mental health services provider unless the
board has established to the director's satisfaction that the
provider cannot effectively provide the service or that the provider
has requested the board to take over providing the service.

(D)
The director shall review and evaluate a board's operation of a
facility and provision of addiction services or mental health
services under this section.

(E)
Nothing in this section authorizes a board to administer or direct
the daily operation of any facility, community addiction services
provider, or community mental health services provider. However, a
facility or provider may contract with a board to receive
administrative services or staff direction from the board under the
direction of the governing body of the facility or provider.

Sec.
340.04.
Each
board of alcohol, drug addiction, and mental health services shall
employ a qualified mental health or addiction services professional
with experience in administration or a professional administrator
with experience in mental health services or addiction services to
serve as executive director of the board and shall prescribe the
director's duties.

The
board shall fix the compensation of the executive director. In
addition to such compensation, the director shall be reimbursed for
actual and necessary expenses incurred in the performance of the
director's official duties. The board, by majority vote of the full
membership, may remove the director for cause at any time, contingent
upon any written contract between the board and the executive
director, upon written charges, after an opportunity has been
afforded the director for a hearing before the board on request.

The
board may delegate to its executive director the authority to act in
its behalf in the performance of its administrative duties.

As
used in this section, "mental health professional" and
"addiction services professional" mean an individual who is
qualified to work with persons with mental illnesses or persons
receiving addiction services, pursuant to standards established by
the director of
mental

behavioral

health

and
addiction services
under
Chapter 5119. of the Revised Code.

Sec.
340.041.
In
addition to such other duties as may be lawfully imposed, the
executive director of a board of alcohol, drug addiction, and mental
health services shall:

(A)
Serve as executive officer of the board and, subject to the prior
approval of the board for each contract, except contracts, if any, to
which division (F) of section 340.03 of the Revised Code applies,
execute contracts on its behalf;

(B)
Supervise addiction services, mental health services, recovery
supports, and facilities provided, operated, contracted, or supported
by the board to the extent of determining that services, supports,
and facilities are being administered in conformity with this chapter
and rules of the director of
mental

behavioral

health

and
addiction services
;

(C)
Provide consultation to community addiction services providers and
community mental health services providers;

(D)
Recommend to the board the changes necessary to increase the
effectiveness of addiction services, mental health services, and
recovery supports and other matters necessary or desirable to carry
out this chapter;

(E)
Employ and remove from office such employees and consultants in the
classified civil service and, subject to the approval of the board,
employ and remove from office such other employees and consultants as
may be necessary for the work of the board, and fix their
compensation and reimbursement within the limits set by the salary
schedule and the budget approved by the board;

(F)
Encourage the development and expansion of preventive, treatment, and
consultative services, as well as recovery supports, in the fields of
addiction services and mental health services with emphasis on
continuity of care;

(G)
Prepare for board approval an annual report of the addiction
services, mental health services, recovery supports, and facilities
under the jurisdiction of the board, including a fiscal accounting of
all services and supports;

(H)
Conduct such studies as may be necessary and practicable for the
promotion of mental health, promotion of addiction services, and the
prevention of mental illness, emotional disorders, and addiction;

(I)
Authorize the county auditor, or in a joint-county district the
county auditor designated as the auditor for the district, to issue
warrants for the payment of board obligations approved by the board,
provided that all payments from funds distributed to the board by the
department of
mental

behavioral

health

and
addiction services
are
in accordance with the budget submitted pursuant to section 340.08 of
the Revised Code, as approved by the department of
mental

behavioral

health

and
addiction services
.

Sec.
340.05.
If
a community addiction services provider or community mental health
services provider receives a complaint alleging abuse or neglect of
an individual with mental illness or severe mental disability, or an
individual receiving addiction services, who resides in a residential
facility licensed under section 5119.34 of the Revised Code, the
provider shall report the complaint to the board of alcohol, drug
addiction, and mental health services serving the alcohol, drug
addiction, and mental health service district in which the
residential facility is located. A board of alcohol, drug addiction,
and mental health services that receives such a report from a
community addiction services provider or community mental health
services provider of such a complaint shall report the complaint to
the director of
mental

behavioral

health

and
addiction services
for
the purpose of the director conducting an investigation under section
5119.34 of the Revised Code. The board may enter the facility with or
without the director and, if the health and safety of a resident is
in immediate danger, take any necessary action to protect the
resident. The board's action shall not violate any resident's rights
specified in rules adopted by the department of
mental

behavioral

health

and
addiction services
under
section 5119.34 of the Revised Code. The board shall immediately
report to the director regarding the board's actions under this
section.

Sec.
340.07.
The
board of county commissioners of any county participating in an
alcohol, drug addiction, and mental health service district or
joint-county district, upon receipt from the board of alcohol, drug
addiction, and mental health services of a resolution so requesting,
may appropriate money to such board for the operation, lease,
acquisition, construction, renovation, and maintenance of community
addiction services providers, community mental health services
providers, and facilities in accordance with the budget required by
section 340.08 of the Revised Code and approved by the department of

mental

behavioral

health

and
addiction services
pursuant
to section 5119.22 of the Revised Code.

Sec.
340.08.
In
accordance with rules or guidelines issued by the director of
mental

behavioral

health

and
addiction services
,
each board of alcohol, drug addiction, and mental health services
shall do all of the following:

(A)
Submit to the department of
mental

behavioral

health

and
addiction services
a
proposed budget of receipts and expenditures for all federal, state,
and local moneys the board expects to receive.

(1)
The proposed budget shall identify funds the board has available for
included opioid and co-occurring drug addiction services and recovery
supports.

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

(3)
The board's proposed budget for expenditures of state and federal
funds distributed to the board by the department shall be deemed an
application for funds, and the department shall approve or disapprove
the budget for these expenditures in whole or in part in accordance
with division (G) of section 5119.22 of the Revised Code.

If
a board determines that it is necessary to amend an approved budget,
the board shall submit a proposed amendment to the director. The
director shall approve or disapprove all or part of the amendment in
accordance with division (H) of section 5119.22 of the Revised Code.

(B)
Submit to the department a proposed list of addiction services,
mental health services, and recovery supports the board intends to
make available. The board shall include the services and supports
required by section 340.032 of the Revised Code to be included in the
community-based continuum of care and the services required by
section 340.15 of the Revised Code. The board shall explain the
manner in which the board intends to make such services and supports
available. The list shall be compatible with the budget submitted
pursuant to division (A) of this section. The department shall
approve or disapprove the list in whole or in part in accordance with
division (G) of section 5119.22 of the Revised Code.

If
a board determines that it is necessary to amend an approved list,
the board shall submit a proposed amendment to the director. The
director shall approve or disapprove all or part of the amendment in
accordance with division (H) of section 5119.22 of the Revised Code.

(C)
Enter into a continuity of care agreement with the state institution
operated by the department of
mental

behavioral

health

and
addiction services
and
designated as the institution serving the district encompassing the
board's service district. The continuity of care agreement shall
outline the department's and the board's responsibilities to plan for
and coordinate with each other to address the needs of board
residents who are patients in the institution, with an emphasis on
managing appropriate hospital bed day use and discharge planning. The
continuity of care agreement shall not require the board to provide
addiction services, mental health services, or recovery supports
other than those on the list of services and supports submitted by
the board pursuant to division (B) of this section and approved by
the department in accordance with division (G) of section 5119.22 of
the Revised Code.

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

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

(2)
Provide for uniformity in monitoring those persons;

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

(E)
Submit to the department a report summarizing all of the following:

(1)
Complaints and grievances received by the board concerning the rights
of persons seeking or receiving addiction services, mental health
services, or recovery supports;

(2)
Investigations of the complaints and grievances;

(3)
Outcomes of the investigations.

(F)
Provide to the department information to be submitted to the
community behavioral health information system or systems established
by the department under Chapter 5119. of the Revised Code.

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

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

(I)
Annually update and publish on the board's web site a list of all
opioid treatment programs licensed under section 5119.37 of the
Revised Code that are operating within the board's district, based on
information obtained from any of the following:

(1)
The federal substance abuse and mental health services
administration's opioid treatment program directory;

(2)
A resource directory created by the department of
mental

behavioral

health

and
addiction services
;

(3)
The list maintained by the department of
mental

behavioral

health

and
addiction services
pursuant
to division (P) of section 5119.37 of the Revised Code.

Sec.
340.09.
(A)
Using funds the general assembly appropriates for these purposes, the
department of
mental

behavioral

health

and
addiction services
shall
provide any county assistance for one or more of the following:

(1)
The operation of the board of alcohol, drug addiction, and mental
health services serving the county;

(2)
The provision of addiction services, mental health services, and
recovery supports included in the board's list of services and
supports required by section 340.08 of the Revised Code and approved
by the department under section 5119.22 of the Revised Code;

(3)
The provision of approved support functions;

(4)
The partnership in, or support for, approved community-based
continuum of care-related activities.

(B)
Support functions may include the following:

(1)
Consultation;

(2)
Research;

(3)
Administrative;

(4)
Referral and information;

(5)
Training;

(6)
Service and program evaluation.

Sec.
340.12.
As
used in this section, "disability" has the same meaning as
in section 4112.01 of the Revised Code.

No
board of alcohol, drug addiction, and mental health services or any
community addiction services provider or community mental health
services provider under contract with such a board shall discriminate
in the provision of addiction services, mental health services, or
recovery supports under its authority, in employment, or under a
contract on the basis of race, color, religion, ancestry, military
status, sex, age, national origin, or disability.

Each
board, community addiction services provider, and community mental
health services provider shall have a written affirmative action
program. The affirmative action program shall include goals for the
employment and effective utilization of, including contracts with,
members of economically disadvantaged groups as defined in division
(E)(1) of section 122.71 of the Revised Code in percentages
reflecting as nearly as possible the composition of the alcohol, drug
addiction, and mental health service district served by the board.
Each board and provider shall file a description of the affirmative
action program and a progress report on its implementation with the
department of
mental

behavioral

health

and
addiction services
.

Sec.
340.13.
(A)
As used in this section:

(1)
"Minority business enterprise" has the same meaning as in
section 122.71 of the Revised Code.

(2)
"EDGE business enterprise" has the same meaning as in
section 122.922 of the Revised Code.

(B)
Any minority business enterprise that desires to bid on a contract
under division (C) of this section shall first apply to the
department of development for certification as a minority business
enterprise. Any EDGE business enterprise that desires to bid on a
contract under division (D) of this section shall first apply to the
department of development for certification as an EDGE business
enterprise. The director of development shall approve the application
of any minority business enterprise or EDGE business enterprise that
complies with the rules adopted under section 122.71 or 122.922 of
the Revised Code, respectively. The director shall prepare and
maintain a list of minority business enterprises and EDGE business
enterprises certified under those sections.

(C)
From the contracts to be awarded for the purchases of equipment,
materials, supplies, or services, other than contracts entered into
under section 340.036 of the Revised Code, each board of alcohol,
drug addiction, and mental health services shall select a number of
contracts with an aggregate value of approximately fifteen per cent
of the total estimated value of contracts to be awarded in the
current fiscal year. The board shall set aside the contracts so
selected for bidding by minority business enterprises only. The
bidding procedures for such contracts shall be the same as for all
other contracts awarded under section 307.86 of the Revised Code,
except that only minority business enterprises certified and listed
pursuant to division (B) of this section shall be qualified to submit
bids.

(D)
To the extent that a board is authorized to enter into contracts for
construction, the board shall strive to attain a yearly contract
dollar procurement goal the aggregate value of which equals
approximately five per cent of the aggregate value of construction
contracts for the current fiscal year for EDGE business enterprises
only.

(E)(1)
In the case of contracts set aside under division (C) of this
section, if no bid is submitted by a minority business enterprise,
the contract shall be awarded according to normal bidding procedures.
The board shall from time to time set aside such additional contracts
as are necessary to replace those contracts previously set aside on
which no minority business enterprise bid.

(2)
If a board, after having made a good faith effort, is unable to
comply with the goal of procurement for contracting with EDGE
business enterprises pursuant to division (D) of this section, the
board may apply in writing, on a form prescribed by the department of
administrative services, to the director of
mental

behavioral

health

and
addiction services
for
a waiver or modification of the goal.

(F)
This section does not preclude any minority business enterprise or
EDGE business enterprise from bidding on any other contract not
specifically set aside for minority business enterprises or subject
to procurement goals for EDGE business enterprises.

(G)
Within ninety days after the beginning of each fiscal year, each
board shall file a report with the department of
mental

behavioral

health

and
addiction services
that
shows for that fiscal year the name of each minority business
enterprise and EDGE business enterprise with which the board entered
into a contract, the value and type of each such contract, the total
value of contracts awarded under divisions (C) and (D) of this
section, the total value of contracts awarded for the purchases of
equipment, materials, supplies, or services, other than contracts
entered into under section 340.036 of the Revised Code, and the total
value of contracts entered into for construction.

(H)
Any person who intentionally misrepresents self as owning,
controlling, operating, or participating in a minority business
enterprise or an EDGE business enterprise for the purpose of
obtaining contracts or any other benefits under this section shall be
guilty of theft by deception as provided for in section 2913.02 of
the Revised Code.

Sec.
340.16.
The
department of
mental

behavioral

health

and
addiction services
and
the department of medicaid shall adopt rules that establish
requirements and procedures for prior notification and service
coordination between public children services agencies and boards of
alcohol, drug addiction, and mental health services when a public
children services agency refers a child in its custody to a board for
services funded by the board. The rules shall be adopted in
accordance with Chapter 119. of the Revised Code.

Sec.
345.01.
(A)
As used in this chapter, "the county auditor's
appraised

market

value"
has the same meaning as in section 5705.01 of the Revised Code.

(B)
The taxing authority of any municipal corporation, township, or
county, at any time not less than one hundred days prior to a general
election in any year, by a vote of two-thirds of all members of the
taxing authority, may, and upon presentation to the clerk or fiscal
officer, as the case may be, of the taxing authority of a petition
signed by not less than two per cent of the electors of the political
subdivision, as shown at the preceding general election held in the
subdivision, shall, declare by resolution that the amount of taxes
which may be raised within the ten-mill limitation will be
insufficient to provide an adequate amount for the necessary
requirements of the subdivision, and that it is necessary to levy
taxes in excess of the limitation for either or both of the following
purposes:

(1)
For purchasing a site, and for erecting, equipping, and furnishing,
or for establishing a memorial to commemorate the services of all
members and veterans of the armed forces of the United States;

(2)
For the operation and maintenance of a memorial, and for the
functions related to it.

The
resolution shall be confined to the purposes set forth in this
section, and shall specify the amount of increase in rate which it is
necessary to levy, expressed both in mills for each one dollar of
taxable value and in dollars for each one hundred thousand dollars of
the county auditor's
appraised

market

value,
the purpose of the rate increase, and the number of years during
which the increase shall be in effect. The increase may include a
levy upon the tax duplicate of the current year. The number of years
shall be any number not exceeding ten. The question of an increase in
tax rate under divisions (B)(1) and (2) of this section may be
submitted to the electors on one ballot.

The
total tax for the purposes included in this section shall not, in any
year, exceed one mill of each dollar of taxable value.

The
resolution shall go into immediate effect upon its passage, and no
publication of the resolution, other than that provided for in the
notice of election, shall be necessary.

Sec.
345.03.
A
copy of any resolution adopted under section 345.01 of the Revised
Code shall be certified within five days by the taxing authority and
not later than four p.m. of the ninetieth day before the day of the
election, to the county board of elections, and such board shall
submit the proposal to the electors of the subdivision at the
succeeding general election. The board shall make the necessary
arrangements for the submission of such question to the electors of
the subdivision, and the election shall be conducted, canvassed, and
certified in like manner as regular elections in such subdivision.

Notice
of the election shall be published once not less than two weeks prior
to such election using at least one of the following methods:

(A)
In the print or digital edition of a newspaper of general circulation
within the county;

(B)
On the official public notice web site established under section
125.182 of the Revised Code;

(C)
On the web site and social media account of the county.

The
notice shall set out the purpose of the proposed increase in rate,
the levy's estimated annual collections, the amount of the increase
expressed in dollars for each one hundred thousand dollars of the
county auditor's
appraised

market

value
as well as in mills for each one dollar of taxable value, the number
of years during which such increase will be in effect, and the time
and place of holding such election.

Sec.
345.04.
The
form of the ballot cast at a general election, as provided by
sections 345.01 to 345.03 of the Revised Code, shall be: "An
additional tax for the benefit of (name of subdivision) for the
purpose of (state purpose stated in the resolution), that the county
auditor estimates will collect $_____ annually, at a rate not
exceeding _____ mills for each $1 of taxable value, which amounts to
$_____ for each $100,000 of the county auditor's
appraised

market

value,
for (the number of years the levy is to run).

For
the Tax Levy

Against
the Tax Levy

"

If
the tax is to be placed on the current tax list, the form of the
ballot shall be modified by adding, after the statement of the number
of years the levy is to run, the phrase ", commencing in
__________ (first year the tax is to be levied), first due in
calendar year __________ (first calendar year in which the tax shall
be due)."

The
question covered by the resolution shall be submitted to the electors
as a separate proposition, but it may be printed on the same ballot
with any other proposition submitted at the same election other than
the election of officers. More than one such question may be
submitted at the same election.

Sec.
349.01.
As
used in this chapter:

(A)
"New community" means a community or development of
property in relation to an existing community planned so that the
resulting community includes facilities for the conduct of
industrial, commercial, residential, cultural, educational, and
recreational activities, and designed in accordance with planning
concepts for the placement of utility, open space, and other
supportive facilities.

(B)
"New community development program" means a program for the
development of a new community characterized by well-balanced and
diversified land use patterns and which includes land acquisition and
land development, the acquisition, construction, operation, and
maintenance of community facilities, and the provision of services
authorized in this chapter.

A
new community development program may take into account any existing
community in relation to which a new community is developed for
purposes of being characterized by well-balanced and diversified land
use patterns.

(C)
"New community district" means the area of land described
by the developer in the petition as set forth in division (A) of
section 349.03 of the Revised Code for development as a new community
and any lands added to the district by amendment of the resolution
establishing the community authority.

(D)
"New community authority" means a body corporate and
politic in this state, established pursuant to section 349.03 of the
Revised Code and governed by a board of trustees as provided in
section 349.04 of the Revised Code.

(E)
"Developer" means any person, organized for carrying out a
new community development program who owns or controls, through
leases of at least seventy-five years' duration, options, or
contracts to purchase, the land within a new community district, or
any municipal corporation, township, county, or port authority that
owns the land within a new community district, or has the ability to
acquire such land, either by voluntary acquisition or condemnation in
order to eliminate slum, blighted, and deteriorated or deteriorating
areas and to prevent the recurrence thereof. "Developer"
may also mean a person, municipal corporation, township, county, or
port authority that controls land within a new community district
through leases of at least seventy-five years' duration. "Developer"
includes a lessor that continues to own and control land for purposes
of this chapter pursuant to leases with a ninety-nine-year renewable
term, so long as
all

both

of
the following apply:

(1)
The developer's new community district consists of at least five
leases described in this section.

(2)
The leases are subject to forfeiture for all of the following:

(a)
Failing to pay taxes and assessments;

(b)
Failing to pay an annual fee of up to one per cent of rent for
sanitary purposes and improvements made to streets;

(c)
Failing to keep the premises as required by sanitary and police
regulations of the developer.

(3)
The new community authority is established on or before December 31,
2024.

(F)
"Organizational board of commissioners" means any of the
following:

(1)
For a new community district that is located in only one county, the
board of county commissioners of that county;

(2)
For a new community district that is located in more than one county,
a board consisting of the members of the board of county
commissioners of each of the counties in which the district is
located, provided that action of the board shall require a majority
vote of the members of each separate board of county commissioners;

(3)
For a new community district that is located entirely within the
boundaries of a municipal corporation or for a new community district
where more than half of the new community district is located within
the boundaries of the most populous municipal corporation of a
county, the legislative authority of the municipal corporation;

(4)
For a new community district that is comprised entirely of
unincorporated territory within the boundaries of a

township
with a population of at least five thousand, and

which
is

located in a county with a population of at least two hundred
thousand and not more than four hundred thousand,
or
located within the boundaries of a limited home rule township that
adopted a resolution under section 5709.73 of the Revised Code before
January 1, 1995, and which is located in a county with a population
of more than four hundred thousand,
the
board of township trustees of the township;

(5)
In the event that more than one body meets the definitions set forth
in divisions (F)(1) to (4) of this section, "organizational
board of commissioners" means the organizational board of
commissioners with which the original petition was filed or another
body meeting the definitions set forth in divisions (F)(1) to (4) of
this section appointed in a resolution adopted by the organizational
board of commissioners with which the original petition was filed.

(G)
"Land acquisition" means the acquisition of real property
and interests in real property as part of a new community development
program.

(H)
"Land development" means the process of clearing and
grading land, making, installing, or constructing water distribution
systems, sewers, sewage collection systems, steam, gas, and electric
lines, roads, streets, curbs, gutters, sidewalks, storm drainage
facilities, and other installations or work, whether within or
without the new community district, and the construction of community
facilities.

(I)
"Community facilities" means all real property, buildings,
structures, or other facilities, including related fixtures,
equipment, and furnishings, to be owned, operated, financed,
constructed, and maintained under this chapter or in furtherance of
community activities, whether within or without the new community
district, including public, community, village, neighborhood, or town
buildings, centers and plazas, auditoriums, child care centers,
recreation halls, educational facilities, health care facilities
including hospital facilities as defined in section 140.01 of the
Revised Code, telecommunications facilities, including all facilities
necessary to provide telecommunications service as defined in section
4927.01 of the Revised Code, recreational facilities, natural
resource facilities, including parks and other open space land, lakes
and streams, cultural facilities, community streets and off-street
parking facilities, pathway and bikeway systems, pedestrian
underpasses and overpasses, lighting facilities, design amenities, or
other community facilities, and buildings needed in connection with
water supply or sewage disposal installations, or energy facilities
including those for renewable or sustainable energy sources, and
steam, gas, or electric lines or installation.

(J)
"Cost" as applied to a new community development program
means all costs related to land acquisition and land development, the
acquisition, construction, maintenance, and operation of community
facilities and offices of the community authority, and of providing
furnishings and equipment therefor, financing charges including
interest prior to and during construction and for the duration of the
new community development program, planning expenses, engineering
expenses, administrative expenses including working capital, and all
other expenses necessary and incident to the carrying forward of the
new community development program.

(K)
"Income source" means any and all sources of income to the
community authority, including community development charges of which
the new community authority is the beneficiary as provided in section
349.07 of the Revised Code, rentals, user fees and other charges
received by the new community authority, any gift or grant received,
any moneys received from any funds invested by or on behalf of the
new community authority, and proceeds from the sale or lease of land
and community facilities.

(L)
"Community development charge" means:

(1)
A dollar amount which shall be determined on the basis of the
assessed valuation of real property or interests in real property in
a new community district, the income of the residents of such
property subject to such charge under section 349.07 of the Revised
Code, if such property is devoted to residential uses or to the
profits, gross receipts, or other revenues of any business including,
but not limited to, rentals received from leases of real property
located in the district, a uniform or other fee on each parcel of
such real property in a new community district, or any combination of
the foregoing bases.

(2)
If a new community authority imposes a community development charge
determined on the basis of rentals received from leases of real
property, improvements of any real property located in the new
community district and subject to that charge may not be exempted
from taxation under section 5709.40, 5709.41, 5709.45, 5709.48,
5709.73, or 5709.78 of the Revised Code.

(M)
"Proximate community" means the following:

(1)
For a new community district other than a new community district
described in division (M)(2), (3), or (4) of this section, any city
that, as of the date of filing of the petition under section 349.03
of the Revised Code, is the city with the greatest population located
in the county in which the proposed new community district is
located, is the city with the greatest population located in an
adjoining county if any portion of such city is within five miles of
any part of the boundaries of such district, or exercises
extraterritorial subdivision authority under section 711.09 of the
Revised Code with respect to any part of such district.

(2)
A municipal corporation in which, at the time of filing the petition
under section 349.03 of the Revised Code, any portion of the proposed
new community district is located.

(3)
For a new community district other than a new community district
described in division (M)(2) or (4) of this section, if at the time
of filing the petition under section 349.03 of the Revised Code, more
than one-half of the proposed district is contained within a joint
economic development district created under sections 715.70 to 715.83
of the Revised Code, the township containing the greatest portion of
the territory of the joint economic development district.

(4)
For a new community district other than a new community district
described in division (M)(2) or (3) of this section, if at the time
of filing the petition under section
343.03

349.03

of
the Revised Code the proposed new community district is comprised
entirely of unincorporated territory within the boundaries of a
township with a population of
at
least
five
thousand, and

which
is

located in a county with a population of at least two hundred
thousand and not more than four hundred thousand,
or
located within the boundaries of a limited home rule township that
adopted a resolution under section 5709.73 of the Revised Code before
January 1, 1995, and which is located in a county with a population
of more than four hundred thousand,
the
township in which the proposed new community district is located.

(N)
"Community activities" means cultural, educational,
governmental, recreational, residential, industrial, commercial,
distribution and research activities, or any combination thereof.

Sec.
355.04.
A
local healthier buckeye council shall report the following
information to the
joint
medicaid oversight committee created in section 103.41 of the Revised
Code
legislative
service commission
:

(A)
Notification that the local council has been established and
information regarding the council's organization, plan, and
activities;

(B)
Information regarding enrollment or outcome data collected under
division (E) of section 355.03 of the Revised Code;

(C)
Recommendations regarding the best practices for the administration
and delivery of publicly funded assistance programs or other services
or programs provided by council members or the entities the members
represent;

(D)
Recommendations regarding the best practices in care coordination.

Sec.
501.09.
The
lessee of land appropriated for ministerial purposes which land is
leased for ninety-nine years, renewable forever, or the lessee of
such land the lease of which has been renewed for a like term may
purchase the fee simple title to the land for an amount equal to the
rent for one year. The receipt of all rents due and an amount equal
to the rent for one year from a lessee is deemed an offer to purchase
the land, which offer the board of education of the school district
for whose benefit the land has been allocated shall accept. The
school board shall cancel the lease and prepare a deed in fee simple
to the land, which the governor shall execute and the secretary of
state shall countersign.

The
lessee of land appropriated for school purposes which land is leased
for ninety-nine years, renewable forever, or the lessee of land the
lease of which has been renewed for a like term may purchase the fee
simple title to the land for an amount equal to the quotient of the
annual rent divided by five one-hundredths. Upon receipt of that
amount, if all unpaid rent due from the lessee for past years has
been paid, the school board shall cancel the lease, and the
auditor
of state
department
of administrative services
shall
prepare a deed in fee simple to the land, which the governor shall
execute and the secretary of state shall countersign.

Moneys
received from the sale of any land shall be paid to the school
district for whose benefit the land has been allocated.

Sec.
501.11.
When
the successful bidder at the sale provided in this chapter makes
payment to the school district selling the land, the school district
shall certify receipt of such payment to the
auditor
of state
department
of administrative services
.
Following the payment to the school district, the
auditor
of state
department
of administrative services
shall
prepare a deed, conveying such lands in fee simple to the successful
bidder, and deliver it to the governor, together with
his
certificate, under the seal of the auditor of state,
a
certification signed by the director of administrative services

that all papers required by law have been properly filed, that the
proceedings are according to law, and that the purchase money is
fully paid. When signed by the governor, countersigned by the
secretary of state, and sealed with the great seal of the state, such
deed shall be returned to the
auditor
of state who
department
of administrative services, which
shall
deliver it to the grantee.

Sec.
504.14.
In
a township that adopts a limited home rule government, resolutions
may be proposed by initiative petition by the electors in the
unincorporated area of the township and adopted by election by these
electors, and resolutions adopted by the board of township trustees
may be submitted to these electors for their approval or rejection by
referendum, under the same circumstances and in the same manner as
provided by sections 731.28 to 731.40 of the Revised Code for
municipal corporations, except that both of the following apply:

(A)
Initiative and referendum petitions shall be filed with the township
fiscal officer, who shall perform the duties imposed under those
sections upon the city auditor or village clerk.

(B)
Initiative and referendum petitions shall contain the signatures of
not less than
ten

thirty-five

per
cent of the total number of electors in the unincorporated area of
the township who voted for the office of governor at the most recent
general election for that office in that area of the township.

Sec.
505.24.
(A)
In calendar year 2018, each township trustee is entitled to
compensation in an amount for each day of service in the business of
the township, to be paid from the township treasury as follows:

(1)
In townships having a budget of two hundred fifty thousand dollars or
less, forty dollars and forty-one cents per day for not more than two
hundred days;

(2)
In townships having a budget of more than two hundred fifty thousand
but not more than five hundred thousand dollars, forty-six dollars
and eighty cents per day for not more than two hundred days;

(3)
In townships having a budget of more than five hundred thousand but
not more than seven hundred fifty thousand dollars, forty-nine
dollars and sixty-three cents per day for not more than two hundred
days;

(4)
In townships having a budget of more than seven hundred fifty
thousand but not more than one million five hundred thousand dollars,
fifty-six dollars and seventy-one cents per day for not more than two
hundred days;

(5)
In townships having a budget of more than one million five hundred
thousand but not more than three million five hundred thousand
dollars, sixty-two dollars and thirty-nine cents per day for not more
than two hundred days;

(6)
In townships having a budget of more than three million five hundred
thousand but not more than six million dollars, sixty-eight dollars
and six cents per day for not more than two hundred days;

(7)
In townships having a budget of more than six million but not more
than ten million dollars, eighty-eight dollars and nineteen cents per
day for not more than two hundred days;

(8)
In townships having a budget of more than ten million dollars, one
hundred thirteen dollars and thirty-eight cents per day for not more
than two hundred days.

(B)

The
amounts paid as specified in division (A) of this section shall be
increased as follows:

(1)

In calendar year 2019 and in each calendar year thereafter through
calendar year
2028
2025
,

the
amounts paid as specified in division (A) of this section shall be
increased
by
one and three-quarters per cent
;

(2)
In calendar year 2026 and in each calendar year thereafter through
calendar year 2029, by five per cent
.

(C)
Whenever members of a board of township trustees are compensated per
diem and not by annual salary, the board shall establish, by
resolution, a method by which each member of the board shall
periodically notify the township fiscal officer of the number of days
spent in the service of the township and the kinds of services
rendered on those days. The per diem compensation shall be paid from
the township general fund or from other township funds in such
proportions as the kinds of services performed may require. The
notice shall be filed with the township fiscal officer and preserved
for inspection by any persons interested.

By
unanimous vote, a board of township trustees may adopt a method of
compensation consisting of an annual salary to be paid in equal
monthly payments. If the office of trustee is held by more than one
person during any calendar year, each person holding the office shall
receive payments for only those months, and any fractions of those
months, during which the person holds the office. The amount of the
annual salary approved by the board shall be no more than the maximum
amount that could be received annually by a trustee if the trustee
were paid on a per diem basis as specified in this division, and
shall be paid from the township general fund or from other township
funds in such proportions as the board may specify by resolution.
Each trustee shall certify the percentage of time spent working on
matters to be paid from the township general fund and from other
township funds in such proportions as the kinds of services
performed. A board of township trustees that has adopted a salary
method of compensation may return to a method of compensation on a
per diem basis as specified in this division by a majority vote. Any
change in the method of compensation shall be effective on the first
day of January of the year following the year during which the board
has voted to change the method of compensation.

Sec.
505.37.
(A)
The board of township trustees may establish all necessary rules to
guard against the occurrence of fires and to protect the property and
lives of the citizens against damage and accidents, and may purchase,
lease, lease with an option to purchase, or otherwise provide any
fire apparatus, mechanical resuscitators, underwater rescue and
recovery equipment, or other fire equipment, appliances, materials,
fire hydrants, and water supply for fire-fighting and fire and rescue
purposes that seems advisable to the board. The board shall provide
for the care and maintenance of such fire equipment, and, for these
purposes, may purchase, lease, lease with an option to purchase, or
construct and maintain necessary buildings, and it may establish and
maintain lines of fire-alarm communications within the limits of the
township. The board may employ one or more persons to maintain and
operate such fire equipment, or it may enter into an agreement with a
volunteer fire company for the use and operation of the equipment.
The board may compensate the members of a volunteer fire company on
any basis and in any amount that it considers equitable.

When
the estimated cost to purchase fire apparatus, mechanical
resuscitators, underwater rescue and recovery equipment, or other
fire equipment, appliances, materials, fire hydrants, buildings, or
fire-alarm communications equipment or services exceeds the amount
specified in section 9.17 of the Revised Code, the contract shall be
let by competitive bidding. No purchase or other transaction subject
to this section shall be divided into component parts in order to
avoid the requirements of this section. When competitive bidding is
required, the board shall advertise once a week for not less than two
consecutive weeks using at least one of the following methods:

(1)
In the print or digital edition of a newspaper of general circulation
within the township;

(2)
On the official public notice web site established under section
125.182 of the Revised Code;

(3)
On the web site and social media account of the township.

The
board may also cause notice to be inserted in trade papers or other
publications designated by it or to be distributed by electronic
means, including posting the notice on the board's internet web site.

The
advertisement shall include the time, date, and place where the clerk
of the township, or the clerk's designee, will read bids publicly.
The time, date, and place of bid openings may be extended to a later
date by the board of township trustees, provided that written or oral
notice of the change shall be given to all persons who have received
or requested specifications not later than ninety-six hours prior to
the original time and date fixed for the opening. The board may
reject all the bids or accept the lowest and best bid, provided that
the successful bidder meets the requirements of section 153.54 of the
Revised Code when the contract is for the construction, demolition,
alteration, repair, or reconstruction of an improvement.

(B)
The boards of township trustees of any two or more townships, or the
legislative authorities of any two or more political subdivisions, or
any combination of these, may, through joint action, unite in the
joint purchase, lease, lease with an option to purchase, maintenance,
use, and operation of fire equipment described in division (A) of
this section, or for any other purpose designated in sections 505.37
to 505.42 of the Revised Code, and may prorate the expense of the
joint action on any terms that are mutually agreed upon.

(C)
The board of township trustees of any township may, by resolution,
whenever it is expedient and necessary to guard against the
occurrence of fires or to protect the property and lives of the
citizens against damages resulting from their occurrence, create a
fire district of any portions of the township that it considers
necessary. The board may purchase, lease, lease with an option to
purchase, or otherwise provide any fire apparatus, mechanical
resuscitators, underwater rescue and recovery equipment, or other
fire equipment, appliances, materials, fire hydrants, and water
supply for fire-fighting and fire and rescue purposes, or may
contract for the fire protection for the fire district as provided in
section 9.60 of the Revised Code. The fire district so created shall
be given a separate name by which it shall be known.

Additional
unincorporated territory of the township may be added to a fire
district upon the board's adoption of a resolution authorizing the
addition. A municipal corporation, or a portion of a municipal
corporation, that is within or adjoining the township may be added to
a fire district upon the board's adoption of a resolution authorizing
the addition and the municipal legislative authority's adoption of a
resolution or ordinance requesting the addition of the municipal
corporation or a portion of the municipal corporation to the fire
district.

If
the township fire district imposes a tax, additional unincorporated
territory of the township or a municipal corporation or a portion of
a municipal corporation that is within or adjoining the township
shall become part of the fire district only after all of the
following have occurred:

(1)
Adoption by the board of township trustees of a resolution approving
the expansion of the territorial limits of the district and, if the
resolution proposes to add a municipal corporation or a portion of a
municipal corporation, adoption by the municipal legislative
authority of a resolution or ordinance requesting the addition of the
municipal corporation or a portion of the municipal corporation to
the district;

(2)
Adoption by the board of township trustees of a resolution
recommending the extension of the tax to the additional territory;

(3)
The board requests and obtains from the county auditor the
information required for a tax levy under section 5705.03 of the
Revised Code, in the manner prescribed in that section, except that
the levy's annual collections shall be estimated assuming that the
additional territory has been added to the fire district.

(4)
Approval of the tax by the electors of the territory proposed for
addition to the district.

Each
resolution of the board adopted under division (C)(2) of this section
shall state the name of the fire district, a description of the
territory to be added, the rate, expressed in mills for each one
dollar of taxable value, the effective rate, expressed in dollars for
each one hundred thousand dollars of the county auditor's
appraised

market

value,
and termination date of the tax, which shall be the rate, effective
rate, and termination date of the tax currently in effect in the fire
district.

The
board of trustees shall certify each resolution adopted under
division (C)(2) of this section and the county auditor's
certification under division (C)(3) of this section to the board of
elections in accordance with section 5705.19 of the Revised Code. The
election required under division (C)(4) of this section shall be
held, canvassed, and certified in the manner provided for the
submission of tax levies under section 5705.25 of the Revised Code,
except that the question appearing on the ballot shall read:

"Shall
the territory within ________________________ (description of the
proposed territory to be added) be added to ________________________
(name) fire district, and a property tax, that the county auditor
estimates will collect $_____ annually, at a rate not exceeding
______ mills for each $1 of taxable value, which amounts to
$_________ (here insert effective rate) for each $100,000 of the
county auditor's
appraised

market

value,
be in effect for __________ (here insert the number of years the tax
is to be in effect or "a continuing period of time," as
applicable)?"

If
the question is approved by at least a majority of the electors
voting on it, the joinder shall be effective as of the first day of
July of the year following approval, and on that date, the township
fire district tax shall be extended to the taxable property within
the territory that has been added. If the territory that has been
added is a municipal corporation or portion thereof and if it had
adopted a tax levy for fire purposes, the levy is terminated on the
effective date of the joinder in the area of the municipal
corporation added to the district.

Any
municipal corporation may withdraw from a township fire district
created under division (C) of this section by the adoption by the
municipal legislative authority of a resolution or ordinance ordering
withdrawal. On the first day of July of the year following the
adoption of the resolution or ordinance of withdrawal, the
withdrawing municipal corporation or the portion thereof ceases to be
a part of the district, and the power of the fire district to levy a
tax upon taxable property in the withdrawing municipal corporation or
the portion thereof terminates, except that the fire district shall
continue to levy and collect taxes for the payment of indebtedness
within the territory of the fire district as it was composed at the
time the indebtedness was incurred.

Upon
the withdrawal of any municipal corporation from a township fire
district created under division (C) of this section, the county
auditor shall ascertain, apportion, and order a division of the funds
on hand, moneys and taxes in the process of collection except for
taxes levied for the payment of indebtedness, credits, and real and
personal property, either in money or in kind, on the basis of the
valuation of the respective tax duplicates of the withdrawing
municipal corporation and the remaining territory of the fire
district.

A
board of township trustees may remove unincorporated territory of the
township from the fire district upon the adoption of a resolution
authorizing the removal. On the first day of July of the year
following the adoption of the resolution, the unincorporated township
territory described in the resolution ceases to be a part of the
district, and the power of the fire district to levy a tax upon
taxable property in that territory terminates, except that the fire
district shall continue to levy and collect taxes for the payment of
indebtedness within the territory of the fire district as it was
composed at the time the indebtedness was incurred.

As
used in this section, "the county auditor's
appraised

market

value"
and "effective rate" have the same meanings as in section
5705.01 of the Revised Code.

(D)
The board of township trustees of any township, the board of fire
district trustees of a fire district created under section 505.371 of
the Revised Code, or the legislative authority of any municipal
corporation may purchase, lease, or lease with an option to purchase
the necessary fire equipment described in division (A) of this
section, buildings, and sites for the township, fire district, or
municipal corporation and issue securities for that purpose with
maximum maturities as provided in section 133.20 of the Revised Code.
The board of township trustees, board of fire district trustees, or
legislative authority may also construct any buildings necessary to
house fire equipment and issue securities for that purpose with
maximum maturities as provided in section 133.20 of the Revised Code.

The
board of township trustees, board of fire district trustees, or
legislative authority may issue the securities of the township, fire
district, or municipal corporation, signed by the board or designated
officer of the municipal corporation and attested by the signature of
the township fiscal officer, fire district clerk, or municipal clerk,
covering any deferred payments and payable at the times provided,
which securities shall bear interest not to exceed the rate
determined as provided in section 9.95 of the Revised Code, and shall
not be subject to Chapter 133. of the Revised Code. The legislation
authorizing the issuance of the securities shall provide for levying
and collecting annually by taxation, amounts sufficient to pay the
interest on and principal of the securities. The securities shall be
offered for sale on the open market or given to the vendor or
contractor if no sale is made.

Section
505.40 of the Revised Code does not apply to any securities issued,
or any lease with an option to purchase entered into, in accordance
with this division.

(E)
A board of township trustees of any township or a board of fire
district trustees of a fire district created under section 505.371 of
the Revised Code may purchase a policy or policies of liability
insurance for the officers, employees, and appointees of the fire
department, fire district, or joint fire district governed by the
board that includes personal injury liability coverage as to the
civil liability of those officers, employees, and appointees for
false arrest, detention, or imprisonment, malicious prosecution,
libel, slander, defamation or other violation of the right of
privacy, wrongful entry or eviction, or other invasion of the right
of private occupancy, arising out of the performance of their duties.

When
a board of township trustees cannot, by deed of gift or by purchase
and upon terms it considers reasonable, procure land for a township
fire station that is needed in order to respond in reasonable time to
a fire or medical emergency, the board may appropriate land for that
purpose under sections 163.01 to 163.22 of the Revised Code. If it is
necessary to acquire additional adjacent land for enlarging or
improving the fire station, the board may purchase, appropriate, or
accept a deed of gift for the land for these purposes.

(F)
As used in this division, "emergency medical service
organization" has the same meaning as in section 4766.01 of the
Revised Code.

A
board of township trustees, by adoption of an appropriate resolution,
may choose to have the state board of emergency medical, fire, and
transportation services license any emergency medical service
organization it operates. If the board adopts such a resolution,
Chapter 4766. of the Revised Code, except for sections 4766.06 and
4766.99 of the Revised Code, applies to the organization. All rules
adopted under the applicable sections of that chapter also apply to
the organization. A board of township trustees, by adoption of an
appropriate resolution, may remove its emergency medical service
organization from the jurisdiction of the state board of emergency
medical, fire, and transportation services.

Sec.
505.48.
(A)
The board of township trustees of any township may, by resolution
adopted by two-thirds of the members of the board, create a township
police district comprised of all or a portion of the unincorporated
territory of the township as the resolution may specify. If the
township police district does not include all of the unincorporated
territory of the township, the resolution creating the district shall
contain a complete and accurate description of the territory of the
district and a separate and distinct name for the district.

At
any time not less than one hundred twenty days after a township
police district is created and operative, the territorial limits of
the district may be altered in the manner provided in division (B) of
this section or, if applicable, as provided in section 505.482 of the
Revised Code.

(B)
Except as otherwise provided in section 505.481 of the Revised Code,
the territorial limits of a township police district may be altered
by a resolution adopted by a two-thirds vote of the board of township
trustees. If the township police district imposes a tax, any
territory proposed for addition to the district shall become part of
the district only after all of the following have occurred:

(1)
Adoption by two-thirds vote of the board of township trustees of a
resolution approving the expansion of the territorial limits of the
district;

(2)
Adoption by a two-thirds vote of the board of township trustees of a
resolution recommending the extension of the tax to the additional
territory;

(3)
The board requests and obtains from the county auditor the
information required for a tax levy under section 5705.03 of the
Revised Code, in the same manner required under that section, except
that the levy's annual collections shall be estimated assuming that
the additional territory has been added to the township police
district.

(4)
Approval of the tax by the electors of the territory proposed for
addition to the district.

Each
resolution of the board adopted under division (B)(2) of this section
shall state the name of the township police district, a description
of the territory to be added, the rate, expressed in mills for each
one dollar of taxable value, the effective rate, expressed in dollars
for each one hundred thousand dollars of the county auditor's

appraised

market

value,
and termination date of the tax, which shall be the rate, effective
rate, and termination date of the tax currently in effect in the
district.

The
board of trustees shall certify each resolution adopted under
division (B)(2) of this section and the county auditor's
certification under division (B)(3) of this section to the board of
elections in accordance with section 5705.19 of the Revised Code. The
election required under division (B)(4) of this section shall be
held, canvassed, and certified in the manner provided for the
submission of tax levies under section 5705.25 of the Revised Code,
except that the question appearing on the ballot shall read:

"Shall
the territory within __________________________ (description of the
proposed territory to be added) be added to ________________ (name)
township police district, and a property tax, that the county auditor
estimates will collect $_____ annually, at a rate not exceeding
__________ mills for each $1 of taxable value, which amounts to
$__________ (here insert effective rate) for each $100,000 of the
county auditor's
appraised

market

value,
be in effect for __________ (here insert the number of years the tax
is to be in effect or "a continuing period of time," as
applicable)?"

If
the question is approved by at least a majority of the electors
voting on it, the joinder shall be effective as of the first day of
January of the year following approval, and, on that date, the
township police district tax shall be extended to the taxable
property within the territory that has been added.

As
used in this section, "the county auditor's
appraised

market

value"
and "effective rate" have the same meanings as in section
5705.01 of the Revised Code.

Sec.
505.481.
(A)
If a township police district does not include all the unincorporated
territory of the township, the remaining unincorporated territory of
the township may be added to the district by a resolution adopted by
a unanimous vote of the board of township trustees to place the issue
of expansion of the district on the ballot for the electors of the
entire unincorporated territory of the township. The resolution shall
state whether the proposed township police district initially will
hire personnel as provided in section 505.49 of the Revised Code or
contract for the provision of police protection services or
additional police protection services as provided in section 505.43
or 505.50 of the Revised Code. If the board proposes to levy a tax
throughout all of the unincorporated territory of the township, the
board shall request and obtain from the county auditor the
information required for a tax levy under section 5705.03 of the
Revised Code, except that the levy's annual collections shall be
estimated assuming that the unincorporated territory has been added
to the township police district.

The
ballot measure shall provide for the addition into a new district of
all the unincorporated territory of the township not already included
in the township police district and for the levy of any tax then
imposed by the district throughout the unincorporated territory of
the township. If the measure includes a tax, the measure shall state
the rate of the tax, which need not be the same rate of any tax
imposed by the existing district, to be imposed in the district
resulting from approval of the measure, expressed in mills for each
one dollar of taxable value, the effective rate, expressed in dollars
for each one hundred thousand dollars of the county auditor's

appraised

market

value,
the last year in which the tax will be levied or that it will be
levied for a continuous period of time, and the county auditor's
estimate of the levy's annual collections.

(B)
The election on the measure shall be held, canvassed, and certified
in the manner provided for the submission of tax levies under section
5705.25 of the Revised Code, except that the question appearing on
the ballot shall read substantially as follows:

"Shall
the unincorporated territory within ____________ (name of the
township) not already included within the ___________ (name of
township police district) be added to the township police district to
create the ___________ (name of new township police district)
township police district?"

The
name of the proposed township police district shall be separate and
distinct from the name of the existing township police district.

If
a tax is imposed in the existing township police district, the
question shall be modified by adding, at the end of the question, the
following: ", and shall a property tax be levied in the new
township police district, replacing the tax in the existing township
police district, that the county auditor estimates will collect
$_____ annually, at a rate not exceeding _________ mills for each $1
of taxable value, which amounts to $_________ (effective rate) for
each $100,000 of the county auditor's
appraised

market

value,
for _______ (number of years the tax will be levied, or "a
continuing period of time")."

If
the measure is not approved by a majority of the electors voting on
it, the township police district shall continue to occupy its
existing territory until altered as provided in this section or
section 505.48 of the Revised Code, and any existing tax imposed
under section 505.51 of the Revised Code shall remain in effect in
the existing district at the existing rate and for as long as
provided in the resolution under the authority of which the tax is
levied.

As
used in this section, "the county auditor's
appraised

market

value"
and "effective rate" have the same meanings as in section
5705.01 of the Revised Code.

Sec.
507.09.
(A)
In calendar year 2018, the township fiscal officer shall be entitled
to compensation as follows:

(1)
In townships having a budget of two hundred fifty thousand dollars or
less, ten thousand nine hundred eighteen dollars;

(2)
In townships having a budget of more than two hundred fifty thousand
but not more than five hundred thousand dollars, fourteen thousand
thirty-nine dollars;

(3)
In townships having a budget of more than five hundred thousand but
not more than seven hundred fifty thousand dollars, fifteen thousand
five hundred ninety-seven dollars;

(4)
In townships having a budget of more than seven hundred fifty
thousand but not more than one million five hundred thousand dollars,
eighteen thousand seven hundred seventeen dollars;

(5)
In townships having a budget of more than one million five hundred
thousand but not more than three million five hundred thousand
dollars, twenty-one thousand eight hundred thirty-six dollars;

(6)
In townships having a budget of more than three million five hundred
thousand but not more than six million dollars, twenty-three thousand
three hundred ninety-six dollars;

(7)
In townships having a budget of more than six million but not more
than ten million dollars, twenty-six thousand eight hundred fifty-two
dollars;

(8)
In townships having a budget of more than ten million dollars,
thirty-one thousand sixty-four dollars.

(B)

The
compensation determined under division (A) of this section shall be
increased as follows:

(1)

In
calendar year 2019 and in each calendar year thereafter through
calendar year
2028
2025
,

the
compensation determined under division (A) of this section shall be
increased
by
one and three-quarters per cent
;

(2)
In calendar year 2026 and in each calendar year thereafter through
calendar year 2029, by five per cent
.

(C)
Any township fiscal officer may elect to receive less than the
compensation the fiscal officer is entitled to under this section.
Any township fiscal officer electing to do this shall so notify the
board of township trustees in writing, and the board shall include
this notice in the minutes of its next board meeting.

(D)
The compensation of the township fiscal officer shall be paid in
equal monthly payments. If the office of township fiscal officer is
held by more than one person during any calendar year, each person
holding the office shall receive payments for only those months, and
any fractions of those months, during which the person holds the
office.

A
township fiscal officer may be compensated from the township general
fund or from other township funds based on the proportion of time the
township fiscal officer spends providing services related to each
fund. A township fiscal officer must document the amount of time the
township fiscal officer spends providing services related to each
fund by certification specifying the percentage of time spent working
on matters to be paid from the township general fund or from other
township funds in such proportions as the kinds of services
performed.

Sec.
507.12.
(A)
To enhance the background and working knowledge of township fiscal
officers in government accounting, budgeting and financing, financial
report preparation, cybersecurity,
and

the
rules adopted by the auditor of state,
bulletins
or other information published by the auditor of state, and any other
subject deemed appropriate by the auditor of state,
the
auditor of state shall conduct education programs and continuing
education courses for individuals elected or appointed for the first
time to the office of township fiscal officer, and shall conduct
continuing education courses for individuals who continue to hold the
office in a subsequent term. The Ohio township association also may
conduct such initial education programs and continuing education
courses if approved by the auditor of state. The auditor of state, in
conjunction with the Ohio township association, shall determine the
manner and content of the initial education programs and continuing
education courses.

(B)
A newly elected or appointed township fiscal officer shall complete
at least six hours of initial education programs before commencing,
or during the first year of, office. A township fiscal officer who
participates in a training program held under section 117.44 of the
Revised Code may apply those hours taken before commencing office to
the six hours of initial education programs required under this
division.

(C)(1)
In addition to the six hours of initial education required under
division (B) of this section, a newly elected township fiscal officer
shall complete at least a total of eighteen continuing education
hours during the township fiscal officer's first term of office.

(2)
A township fiscal officer who is elected to a subsequent term of
office shall complete twelve hours of continuing education courses in
each subsequent term of office.

(3)
The auditor of state shall adopt rules specifying the initial
education programs and continuing education courses that are required
for a township fiscal officer who has been appointed to fill a
vacancy. The requirements shall be proportionally equivalent, based
on the time remaining in the vacated office, to the requirements for
a newly elected township fiscal officer.

(4)
At least two hours of ethics instruction shall be included in the
continuing education hours required by divisions (C)(1) and (2) of
this section.

(5)
A township fiscal officer who participates in a training program or
seminar established under section 109.43 of the Revised Code may
apply the three hours of training to the continuing education hours
required by divisions (C)(1) and (2) of this section.

(D)(1)
A certified public accountant who serves as a township fiscal officer
may apply to the continuing education hours required by division (C)
of this section any hours of continuing education completed under
section 4701.11 of the Revised Code after being elected or appointed
as a township fiscal officer.

(2)
A township fiscal officer may apply to the continuing education hours
required by division (C) of this section any hours of continuing
education completed under section 135.22 of the Revised Code after
being elected or appointed as a township fiscal officer.

(3)
A township fiscal officer who teaches an approved continuing
education course under division (C) of this section is entitled to
credit for the course in the same manner as if the township fiscal
officer had attended the course.

(E)

The
auditor of state shall adopt rules for verifying the completion of
initial education programs and continuing education courses required
under this section. The auditor of state shall issue a certificate of
completion to each township fiscal officer who completes the initial
education programs and continuing education courses. The auditor of
state shall issue a "failure to complete" notice to any
township fiscal officer who is required to complete initial education
programs and continuing education courses under this section, but who
fails to do so. The notice is for informational purposes only and
does not affect any individual's ability to hold the office of
township fiscal officer.

The
township fiscal officer shall retain the documentation of any initial
or continuing education courses completed. The auditor of state shall
audit for compliance with this section.

(F)
Each board of township trustees shall approve a reasonable amount
requested by the township fiscal officer to cover the costs the
township fiscal officer is required to incur to meet the requirements
of this section, including registration fees, lodging and meal
expenses, and travel expenses.

Sec.
511.28.
A
copy of any resolution for a tax levy adopted by the township board
of park commissioners as provided in section 511.27 of the Revised
Code shall be certified by the clerk of the board of park
commissioners to the board of elections of the proper county,
together with a certified copy of the resolution approving the levy,
passed by the board of township trustees if such a resolution is
required by division (C) of section 511.27 of the Revised Code, and
the county auditor's certification, not less than ninety days before
a general or primary election in any year. The board of elections
shall submit the proposal to the electors as provided in section
511.27 of the Revised Code at the succeeding general or primary
election. A resolution to renew an existing levy may not be placed on
the ballot unless the question is submitted at the general election
held during the last year the tax to be renewed may be extended on
the real and public utility property tax list and duplicate, or at
any election held in the ensuing year. The board of park
commissioners shall cause notice that the vote will be taken to be
published once a week for two consecutive weeks prior to the election
in a newspaper of general circulation, or as provided in section 7.16
of the Revised Code, in the county within which the park district is
located. Additionally, if the board of elections operates and
maintains a web site, the board of elections shall post that notice
on its web site for thirty days prior to the election. The notice
shall state the purpose of the proposed levy, the levy's estimated
annual collections, the levy's annual rate or, if applicable, the
levy's effective rate, expressed in dollars for each one hundred
thousand dollars of the county auditor's
appraised

market

value
as well as the annual rate expressed in mills for each one dollar of
taxable value, the number of consecutive years during which the levy
shall be in effect, and the time and place of the election.

The
form of the ballots cast at the election shall be: "An
additional tax for the benefit of (name of township park district)
__________ for the purpose of (purpose stated in the order of the
board) __________, that the county auditor estimates will collect
$_____ annually, at a rate not exceeding __________ mills for each $1
of taxable value, which amounts to $__________ for each $100,000 of
the county auditor's
appraised

market

value,
for (number of years the levy is to run) __________

FOR
THE TAX LEVY

AGAINST
THE TAX LEVY

"

If
the levy submitted is a proposal to renew, increase, or decrease an
existing levy, the form of the ballot specified in this section shall
be changed by substituting for the words "An additional" at
the beginning of the form, the words "A renewal of a" in
the case of a proposal to renew an existing levy in the same amount;
the words "A renewal of __________ mills and an increase of
__________ mills for each $1 of taxable value to constitute a"
in the case of an increase; or the words "A renewal of part of
an existing levy, being a reduction of __________ mills for each $1
of taxable value, to constitute a" in the case of a decrease in
the rate of the existing levy. Additionally, the effective rate, in
lieu of the rate, shall be expressed for each one hundred thousand
dollars of the county auditor's
appraised

market

value.

If
the tax is to be placed on the current tax list, the form of the
ballot shall be modified by adding, after the statement of the number
of years the levy is to run, the phrase ", commencing in
__________ (first year the tax is to be levied), first due in
calendar year __________ (first calendar year in which the tax shall
be due)."

The
question covered by the order shall be submitted as a separate
proposition, but may be printed on the same ballot with any other
proposition submitted at the same election, other than the election
of officers. More than one such question may be submitted at the same
election.

As
used in this section, "the county auditor's
appraised

market

value"
and "effective rate" have the same meanings as in section
5705.01 of the Revised Code.

Sec.
511.34.
In
townships composed of islands, and on one of which islands lands have
been conveyed in trust for the benefit of the inhabitants of the
island for use as a park, and a board of park trustees has been
provided for the control of the park, the board of township trustees
may create a tax district of the island to raise funds by taxation as
provided under divisions (A) and (B) of this section.

(A)
For the care and maintenance of parks on the island, the board of
township trustees annually may levy a tax, not to exceed one mill for
each one dollar of taxable value, upon all the taxable property in
the district. The tax shall be in addition to all other levies
authorized by law, and subject to no limitation on tax rates except
as provided in this division.

The
proceeds of the tax levy shall be expended by the board of township
trustees for the purpose of the care and maintenance of the parks,
and shall be paid out of the township treasury upon the orders of the
board of park trustees.

(B)
For the purpose of acquiring additional land for use as a park, the
board of township trustees may levy a tax in excess of the ten-mill
limitation on all taxable property in the district. The tax shall be
proposed by resolution adopted by two-thirds of the members of the
board of township trustees. The resolution shall specify the purpose
and rate of the tax and the number of years the tax will be levied,
which shall not exceed five years, and which may include a levy on
the current tax list and duplicate. The resolution shall go into
immediate effect upon its passage, and no publication of the
resolution is necessary other than that provided for in the notice of
election. The board of township trustees shall certify a copy of the
resolution to the proper board of elections not later than ninety
days before the primary or general election in the township, and the
board of elections shall submit the question of the tax to the voters
of the district at the succeeding primary or general election. The
board of elections shall make the necessary arrangements for the
submission of the question to the electors of the district, and the
election shall be conducted, canvassed, and certified in the same
manner as regular elections in the township for the election of
officers. Notice of the election shall be published in a newspaper of
general circulation in the township once a week for two consecutive
weeks, or as provided in section 7.16 of the Revised Code prior to
the election. If the board of elections operates and maintains a web
site, notice of the election also shall be posted on that web site
for thirty days prior to the election. The notice shall state the
purpose of the tax, the levy's estimated annual collections, the
proposed rate of the tax expressed in dollars for each one hundred
thousand dollars of the county auditor's
appraised

market

value
and mills for each one dollar of taxable value, the number of years
the tax will be in effect, the first year the tax will be levied, and
the time and place of the election.

The
form of the ballots cast at an election held under this division
shall be as follows:

"An
additional tax for the benefit of _________ (name of the township)
for the purpose of acquiring additional park land, that the county
auditor estimates will collect $____ annually, at a rate of _________
mills for each $1 of taxable value, which amounts to $________ for
each $100,000 of the county auditor's
appraised

market

value,
for _________ (number of years the levy is to run) beginning in
___________ (first year the tax will be levied).

FOR
THE TAX LEVY

AGAINST
THE TAX LEVY

"

The
question shall be submitted as a separate proposition but may be
printed on the same ballot with any other proposition submitted at
the same election other than the election of officers. More than one
such question may be submitted at the same election.

If
the levy is approved by a majority of electors voting on the
question, the board of elections shall certify the result of the
election to the tax commissioner. In the first year of the levy, the
tax shall be extended on the tax lists after the February settlement
following the election. If the tax is to be placed on the tax lists
of the current year as specified in the resolution, the board of
elections shall certify the result of the election immediately after
the canvass to the board of township trustees, which shall forthwith
make the necessary levy and certify the levy to the county auditor,
who shall extend the levy on the tax lists for collection. After the
first year of the levy, the levy shall be included in the annual tax
budget that is certified to the county budget commission.

As
used in this section, "the county auditor's
appraised

market

value"
has the same meaning as in section 5705.01 of the Revised Code.

Sec.
513.18.
In
the event any township, contiguous to a joint township hospital
district, desires to become a part of such district in existence
under sections 513.07 to 513.18 of the Revised Code, its board of
township trustees, by a two-thirds favorable vote of the members of
such board, after the existing joint township hospital board has, by
a majority favorable vote of the members thereof, approved the terms
under which such township proposes to join the district, shall become
a part of the joint township district hospital board under such terms
and with all the rights, privileges, and responsibilities enjoyed by
and extended to the existing members of the hospital board under such
sections, including representation on the board of hospital governors
by the appointment of an elector of such township as a member
thereof.

If
the terms under which such township proposes to join the hospital
district involve a tax levy for the purpose of sharing the existing
obligations, including bonded indebtedness, of the district or the
necessary operating expenses of such hospital, such township shall
not become a part of the district until its electors have approved
such levy as provided in this section. In such a case, the board of
township trustees and the county auditor shall proceed in the same
manner as required for a tax levy under section 5705.03 of the
Revised Code, except that the levy's annual collections shall be
estimated assuming that the township has been added to the hospital
district.

Upon
request of the board of township trustees of the township proposing
to join such district, by resolution approved by a two-thirds vote of
its members, the board of elections of the county in which the
township lies shall place upon the ballot for submission to the
electorate of such township at the next primary or general election
occurring not less than ninety nor more than one hundred thirty-five
days after such request is received from the board of township
trustees the question of levying a tax, not to exceed one mill
outside the ten-mill limitation, for a period of not to exceed five
years, to provide funds for the payment of the township's share of
the necessary expenses incurred in the operation of such hospital, or
the question of levying a tax to pay the township's share of the
existing obligations, including bonded indebtedness, of the district,
or both questions may be submitted at the same primary or general
election. The question appearing on the ballot shall read:

"Shall
_____ (name of township) be added to the _____ (name of joint
township hospital district), and property tax be levied for the
purpose of _____ (purpose of tax), that the county auditor estimates
will collect $______ annually, at a rate not exceeding _____ mills
for each $1 of taxable value, which amounts to $_____ (rate or
effective rate, as applicable) for each $100,000 of the county
auditor's
appraised

market

value,
to be in effect for _____ (number of years the tax is to be in
effect)?"

If
a majority of the electors voting on the propositions vote in favor
thereof, the county auditor shall place such levies on the tax
duplicate against the property in the township, which township shall
thereby become a part of said joint township hospital district.

As
used in this section, "the county auditor's
appraised

market

value"
and "effective rate" have the same meanings as in section
5705.01 of the Revised Code.

Sec.
519.12.
(A)(1)
Amendments to the zoning resolution may be initiated by motion of the
township zoning commission, by the passage of a resolution by the
board of township trustees, or by the filing of an application by one
or more of the owners or lessees of property within the area proposed
to be changed or affected by the proposed amendment with the township
zoning commission. The board of township trustees may require that
the owner or lessee of property filing an application to amend the
zoning resolution pay a fee to defray the cost of advertising,
mailing, filing with the county recorder, and other expenses. If the
board of township trustees requires such a fee, it shall be required
generally, for each application. The board of township trustees, upon
the passage of such a resolution, shall certify it to the township
zoning commission.

(2)
Upon the adoption of a motion by the township zoning commission, the
certification of a resolution by the board of township trustees to
the commission, or the filing of an application by property owners or
lessees as described in division (A)(1) of this section with the
commission, the commission shall set a date for a public hearing,
which date shall not be less than twenty nor more than forty days
from the date of the certification of such a resolution, the date of
adoption of such a motion, or the date of the filing of such an
application. Notice of the hearing shall be given by the commission
by one publication at least ten days before the date of the hearing
using at least one of the following methods:

(a)
In the print or digital edition of one or more newspapers of general
circulation in the township;

(b)
On the official public notice web site established under section
125.182 of the Revised Code;

(c)
On the web site and social media account of the township.

(B)
If the proposed amendment intends to rezone or redistrict ten or
fewer parcels of land, as listed on the county auditor's current tax
list, written notice of the hearing shall be mailed by the township
zoning commission, by first class mail, at least ten days before the
date of the public hearing to all owners of property within and
contiguous to and directly across the street from the area proposed
to be rezoned or redistricted to the addresses of those owners
appearing on the county auditor's current tax list. The failure of
delivery of that notice shall not invalidate any such amendment.

(C)
If the proposed amendment intends to rezone or redistrict ten or
fewer parcels of land as listed on the county auditor's current tax
list, the published and mailed notices shall set forth the time,
date, and place of the public hearing and include all of the
following:

(1)
The name of the township zoning commission that will be conducting
the hearing;

(2)
A statement indicating that the motion, resolution, or application is
an amendment to the zoning resolution;

(3)
A list of the addresses of all properties to be rezoned or
redistricted by the proposed amendment and of the names of owners of
those properties, as they appear on the county auditor's current tax
list;

(4)
The present zoning classification of property named in the proposed
amendment and the proposed zoning classification of that property;

(5)
The time and place where the motion, resolution, or application
proposing to amend the zoning resolution will be available for
examination for a period of at least ten days prior to the hearing;

(6)
The name of the person responsible for giving notice of the hearing
by publication, by mail, or by both publication and mail;

(7)
A statement that, after the conclusion of the hearing, the matter
will be submitted to the board of township trustees for its action;

(8)
Any other information requested by the commission.

(D)
If the proposed amendment alters the text of the zoning resolution,
or rezones or redistricts more than ten parcels of land as listed on
the county auditor's current tax list, the published notice shall set
forth the time, date, and place of the public hearing and include all
of the following:

(1)
The name of the township zoning commission that will be conducting
the hearing on the proposed amendment;

(2)
A statement indicating that the motion, application, or resolution is
an amendment to the zoning resolution;

(3)
The time and place where the text and maps of the proposed amendment
will be available for examination for a period of at least ten days
prior to the hearing;

(4)
The name of the person responsible for giving notice of the hearing
by publication;

(5)
A statement that, after the conclusion of the hearing, the matter
will be submitted to the board of township trustees for its action;

(6)
Any other information requested by the commission.

(E)(1)(a)
Except as provided in division (E)(1)(b) of this section, within five
days after the adoption of the motion described in division (A) of
this section, the certification of the resolution described in
division (A) of this section, or the filing of the application
described in division (A) of this section, the township zoning
commission shall transmit a copy of it together with text and map
pertaining to it to the county or regional planning commission, if
there is such a commission, for approval, disapproval, or
suggestions.

The
county or regional planning commission shall recommend the approval
or denial of the proposed amendment or the approval of some
modification of it and shall submit its recommendation to the
township zoning commission. The recommendation shall be considered at
the public hearing held by the township zoning commission on the
proposed amendment.

(b)
The township zoning commission of a township that has adopted a
limited home rule government under Chapter 504. of the Revised Code
is not subject to division (E)(1)(a) of this section but may choose
to comply with division (E)(1)(a) of this section.

(2)
The township zoning commission, within thirty days after the hearing,
shall recommend the approval or denial of the proposed amendment, or
the approval of some modification of it, and submit that
recommendation together with the motion, application, or resolution
involved, the text and map pertaining to the proposed amendment, and
the recommendation of the county or regional planning commission on
it to the board of township trustees.

(3)
The board of township trustees, upon receipt of that recommendation,
shall set a time for a public hearing on the proposed amendment,
which date shall not be more than thirty days from the date of the
receipt of that recommendation. Notice of the hearing shall be given
by the board by one publication at least ten days before the date of
the hearing using at least one of the following methods:

(a)
In the print or digital edition of one or more newspapers of general
circulation in the township;

(b)
On the official public notice web site established under section
125.182 of the Revised Code;

(c)
On the web site and social media account of the township.

(F)
If the proposed amendment intends to rezone or redistrict ten or
fewer parcels of land as listed on the county auditor's current tax
list, the published notice shall set forth the time, date, and place
of the public hearing and include all of the following:

(1)
The name of the board of township trustees that will be conducting
the hearing;

(2)
A statement indicating that the motion, application, or resolution is
an amendment to the zoning resolution;

(3)
A list of the addresses of all properties to be rezoned or
redistricted by the proposed amendment and of the names of owners of
those properties, as they appear on the county auditor's current tax
list;

(4)
The present zoning classification of property named in the proposed
amendment and the proposed zoning classification of that property;

(5)
The time and place where the motion, application, or resolution
proposing to amend the zoning resolution will be available for
examination for a period of at least ten days prior to the hearing;

(6)
The name of the person responsible for giving notice of the hearing
by publication, by mail, or by both publication and mail;

(7)
Any other information requested by the board.

(G)
If the proposed amendment alters the text of the zoning resolution,
or rezones or redistricts more than ten parcels of land as listed on
the county auditor's current tax list, the published notice shall set
forth the time, date, and place of the public hearing and include all
of the following:

(1)
The name of the board of township trustees that will be conducting
the hearing on the proposed amendment;

(2)
A statement indicating that the motion, application, or resolution is
an amendment to the zoning resolution;

(3)
The time and place where the text and maps of the proposed amendment
will be available for examination for a period of at least ten days
prior to the hearing;

(4)
The name of the person responsible for giving notice of the hearing
by publication;

(5)
Any other information requested by the board.

(H)
Within twenty days after its public hearing, the board of township
trustees shall either adopt or deny the recommendations of the
township zoning commission or adopt some modification of them. If the
board denies or modifies the commission's recommendations, a majority
vote of the board shall be required.

The

Except
as provided in division (J) of this section, the
proposed
amendment, if adopted by the board, shall become effective in thirty
days after the date of its adoption, unless, within thirty days after
the adoption, there is presented to the board of township trustees a
petition, signed by a number of registered electors residing in the
unincorporated area of the township or part of that unincorporated
area included in the zoning plan equal to not less than
fifteen

thirty-five

per
cent of the total vote cast for all candidates for governor in that
area at the most recent general election at which a governor was
elected, requesting the board of township trustees to submit the
amendment to the electors of that area for approval or rejection at a
special election to be held on the day of the next primary or general
election that occurs at least ninety days after the petition is
filed. Each part of this petition shall contain the number and the
full and correct title, if any, of the zoning amendment resolution,
motion, or application, furnishing the name by which the amendment is
known and a brief summary of its contents. In addition to meeting the
requirements of this section, each petition shall be governed by the
rules specified in section 3501.38 of the Revised Code.

The
form of a petition calling for a zoning referendum and the statement
of the circulator shall be substantially as follows:

"PETITION
FOR ZONING REFERENDUM

(if
the proposal is identified by a particular name or number, or both,
these should be inserted here) _______________________

A
proposal to amend the zoning map of the unincorporated area of
_____________ Township, _________________ County, Ohio, adopted
_____(date)_____ (followed by brief summary of the proposal).

To
the Board of Township Trustees of _____________________ Township,
_________________ County, Ohio:

We,
the undersigned, being electors residing in the unincorporated area
of _______________________ Township, included within the
_____________ Township Zoning Plan, equal to not less than fifteen
per cent of the total vote cast for all candidates for governor in
the area at the preceding general election at which a governor was
elected, request the Board of Township Trustees to submit this
amendment of the zoning resolution to the electors of
________________________ Township residing within the unincorporated
area of the township included in the __________________ Township
Zoning Resolution, for approval or rejection at a special election to
be held on the day of the primary or general election to be held on
_____(date)_____, pursuant to section 519.12 of the Revised Code.

Street
Address

Date
of Signature or R.F.D.

Township

Precinct

County

Signing

__________________________________________________________________________________________________________________________

STATEMENT
OF CIRCULATOR

I,
_____________(name of circulator)__________, declare under penalty of
election falsification that I am an elector of the state of Ohio and
reside at the address appearing below my signature; that I am the
circulator of the foregoing part petition containing
_______(number)_______ signatures; that I have witnessed the affixing
of every signature; that all signers were to the best of my knowledge
and belief qualified to sign; and that every signature is to the best
of my knowledge and belief the signature of the person whose
signature it purports to be or of an attorney in fact acting pursuant
to section 3501.382 of the Revised Code.

___________________________________

(Signature
of circulator)

___________________________________

(Address
of circulator's permanent

residence
in this state)

___________________________________

(City,
village, or township,

and
zip code)

WHOEVER
COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH
DEGREE."

The
petition shall be filed with the board of township trustees and shall
be accompanied by an appropriate map of the area affected by the
zoning proposal. Within two weeks after receiving a petition filed
under this section, the board of township trustees shall certify the
petition to the board of elections. A petition filed under this
section shall be certified to the board of elections not less than
ninety days prior to the election at which the question is to be
voted upon.

The
board of elections shall determine the sufficiency and validity of
each petition certified to it by a board of township trustees under
this section. If the board of elections determines that a petition is
sufficient and valid, the question shall be voted upon at a special
election to be held on the day of the next primary or general
election that occurs at least ninety days after the date the petition
is filed with the board of township trustees, regardless of whether
any election will be held to nominate or elect candidates on that
day.

No
amendment for which such a referendum vote has been requested shall
be put into effect unless a majority of the vote cast on the issue is
in favor of the amendment. Upon certification by the board of
elections that the amendment has been approved by the voters, it
shall take immediate effect.

(I)

Within
five working days after an amendment's effective date, the board of
township trustees shall file the text and maps of the amendment in
the office of the county recorder and with the county or regional
planning commission, if one exists.

The
failure to file any amendment, or any text and maps, or duplicates of
any of these documents, with the office of the county recorder or the
county or regional planning commission as required by this section
does not invalidate the amendment and is not grounds for an appeal of
any decision of the board of zoning appeals.

(J)(1)
Notwithstanding any contrary provision of the Revised Code, a
decision of the board of township trustees to adopt a proposed
amendment to the zoning text or map to rezone, redistrict, or
otherwise make an amendment related to, any property involved in a
megaproject as defined in section 122.17 of the Revised Code shall
take effect immediately upon adoption and is exempt from the
referendum procedures in division (H) of this section.

(2)
If a proposed amendment establishes or modifies planned-unit
development regulations, the following apply in lieu of the contrary
provisions of division (H) of this section:

(a)
The board of elections shall determine the sufficiency and validity
of the petition not later than thirty days after the petition is
certified to the board of elections by the board of township
trustees.

(b)
If the board of elections determines there is an insufficient number
of valid signatures, the board immediately shall notify the person
who presented the petition. The person may submit additional
signatures not later than ten days after the notification.

Sec.
523.06.
If
a merger agreement is entered into as required by section 523.04 of
the Revised Code, this section does not apply. If a merger agreement
is not entered into under section 523.04 of the Revised Code, the
merger agreement shall contain all of the terms and conditions
specified in this section. If a partial merger agreement is entered
into under section 523.04 of the Revised Code, this section applies
only to the extent any term or condition that is required by section
523.04 of the Revised Code to be addressed in the merger agreement is
not addressed therein.

The
terms and conditions of a merger agreement to which this section
applies shall be as follows:

(A)
All members of each board of township trustees shall serve as board
members of the new township. At the first general election for
township officers occurring not less than ninety days after a merger
is approved, the electors of the new township shall elect three
township trustees with staggered terms of office. The first terms of
office following the election shall be modified to an even number of
years not to exceed four to allow subsequent elections for the office
to be held in the same year as other township officers.

(B)
The township fiscal officer of the largest township, by population,
shall be the township fiscal officer for the new township. At the
first general election for township officers occurring not less than
ninety days after the merger, the electors shall elect a township
fiscal officer, whose first term of office shall be modified to an
even number of years not to exceed four to allow subsequent elections
for that office to be held in the same year as other township fiscal
officers.

(C)
Voted property tax levies shall remain in effect for the parcels of
real property to which they applied prior to the merger, and the
merger shall not affect the proceeds of a tax levy pledged for the
retirement of any debt obligation. Upon expiration of a property tax
levy, the levy may only be
replaced
or
renewed
by vote of the electors in the manner provided by law, to apply to
real property within the boundaries of the new township. If the
millage levied inside the ten-mill limitation of each township merged
is different, the board of township trustees of the new township
shall immediately equalize the millage for the entire new township.

(D)
For purposes of the retirement of all debt obligations of each
township merged, the township fiscal officer shall continue to track
parcels of real property and the tax revenue generated on those
parcels by the tax districts that were in place prior to the merger,
and shall provide that information on an annual basis to the board of
township trustees of the new township. Debt obligations that existed
at the time of the merger shall be retired from the revenue generated
from the parcels of real property that made up the township that
incurred the debt before the merger.

(E)(1)
With respect to any agreement entered into under Chapter 4117. of the
Revised Code that covers any of the employees of the townships merged
under this chapter, the state employment relations board, within one
hundred twenty days after the date the merger is approved, shall
designate the appropriate bargaining units for the employees of the
new township in accordance with section 4117.06 of the Revised Code.
Notwithstanding the recognition procedures prescribed in section
4117.05 and division (A) of section 4117.07 of the Revised Code, the
board shall conduct a representation election with respect to each
bargaining unit designated under this division in accordance with
divisions (B) and (C) of section 4117.07 of the Revised Code. If an
exclusive representative is selected through this election, the
exclusive representative shall negotiate and enter into an agreement
with the new township in accordance with Chapter 4117. of the Revised
Code. Until the parties reach an agreement, any agreement in effect
on the date of the merger shall apply to the employees that were in
the bargaining unit that is covered by the agreement. An agreement in
existence on the date of the merger is terminated on the effective
date of an agreement negotiated under this division.

(2)
If an exclusive representative is not selected, any agreement in
effect on the date of the merger shall apply to the employees that
were in the bargaining unit that is covered by the agreement and
shall expire on its terms.

(3)
Each agreement entered into under Chapter 4117. of the Revised Code
on or after
the
effective date of this section

September
29, 2011,

involving a new township shall contain a provision regarding the
designation of an exclusive representative and bargaining units for
the new township as described in division (E) of this section.

(4)
In addition to the laws listed in division (A) of section 4117.10 of
the Revised Code that prevail over conflicting agreements between
employee organizations and public employers, division (E) of this
section prevails over any conflicting provisions of agreements
between employee organizations and public employers that are entered
into on or after
the
effective date of this section

September
29, 2011,

pursuant to Chapter 4117. of the Revised Code.

(5)
As used in division (E) of this section, "employee organization"
and "exclusive representative" have the same meanings as in
section 4117.01 of the Revised Code.

(F)(1)
If the boundaries of the new township are not coextensive with a
special purpose district, the new township shall remain in the
existing special purpose district as a successor to the original
township, unless the special purpose district is dissolved. The board
of township trustees of the new township may place a question on the
ballot at the next general election held after the merger to conform
the boundaries, dissolve the special purpose district, or absorb the
special purpose district into the new township on the terms specified
in the resolution that places the question on the ballot for approval
of the electors of the new township.

(2)
As used in division (F) of this section, "special purpose
district" means any geographic or political jurisdiction that is
created under law by a township merged.

(G)
Zoning codes that existed at the time of the merger shall remain in
effect after the merger, and the townships that existed before the
merger shall be treated as administrative districts within the new
township for the purposes of zoning.

Sec.
703.331.
(A)
Not later than the last day of the year that is immediately after the
year the results of a federal decennial census are released, the
county auditor, county treasurer, and one member of the board of
county commissioners selected by the board of county commissioners,
jointly shall evaluate each village located within the county to
determine if, over the approximate ten year period beginning the day
the results of the preceding federal decennial census were released
and ending the day the most recent federal decennial census results
were released, both of the following are true:

(1)
The village itself provided, the village contracted with a private
nongovernmental entity to provide, or the village contracted with a
regional council of governments as defined in section 167.01 of the
Revised Code that includes three or more political subdivisions at
least two of which are municipal corporations to provide, at least
five of the following services:

(a)
Police protection;

(b)
Fire-fighting services;

(c)
Garbage collection;

(d)
Water service;

(e)
Sewer service;

(f)
Emergency medical services;

(g)
Road maintenance;

(h)
Park services or other recreation services;

(i)
Human services;

(j)
A public library established and operated solely by the village
;

(k)
Electric service
.

(2)
At each election at which an elected village position was voted upon,
at least one candidate appeared on the ballot for each elected
village position.

If
a village is located in more than one county, the village shall be
evaluated only by the county officials of the county wherein the
largest portion of the population of the village resides.

(B)
Before beginning the evaluation, the county officials shall request,
in writing, information from each village to assist the officials in
making their determination. The request shall indicate the applicable
evaluation period. Each village shall submit the information, in the
manner requested by the county officials, not later than thirty days
after receiving the request. The village shall include information
about the services provided over the evaluation period, the manner by
which such services were provided, a copy of the final appropriation
budget or budgets applicable to the evaluation period, information on
candidates on the ballot for village elected offices during the
evaluation period, any documentation regarding the matters in
division (A) of this section during the evaluation period, and any
other information specifically requested by the county officials.
After receiving the information, if necessary, the county officials
may request additional information, which the village shall provide
not later than ten days after receiving the request. The county
officials shall base their finding on the information provided from
the village.

(C)
The county officials shall notify the legislative authority of the
village of the county officials' finding not later than the last day
of the year that is immediately after the year the results of a
federal decennial census are released.

(D)
If the county officials find a village failed to provide services or
field candidates as specified in division (A) of this section, the
county officials shall file the finding with the board of elections
of the county in which the largest portion of the population of the
village resides. The board of elections shall submit the question
"Shall the village of __________ surrender its corporate
powers?" for the approval or rejection of the electors of the
village at the next general election, in any year, occurring after
the period ending ninety days after the filing of the finding with
the board. If the result of the election is in favor of the
surrender, the board of elections shall certify the results to the
secretary of state, the auditor of state, and the county recorder,
who shall record it in their respective offices.

(E)
The procedure in this section is in addition to the procedure under
section 703.33 of the Revised Code for the dissolution of a village.

Sec.
703.34.
(A)
As used in this section, "condition for the dissolution of a
village" means any of the following:

(1)
The village has been declared to be in a fiscal emergency under
Chapter 118. of the Revised Code and has been in fiscal emergency for
at least three consecutive years with little or no improvement on the
conditions that caused the fiscal emergency declaration.

(2)
The village has failed to properly follow applicable election laws
for at least two consecutive election cycles for any one elected
office in the village.

(3)
The village has been declared during an audit conducted under section
117.11 of the Revised Code to be unauditable under section 117.41 of
the Revised Code in at least two consecutive audits.

(4)
The village does not provide at least two services typically provided
by municipal government, such as police or fire protection, garbage
collection, water or sewer service, emergency medical services, road
maintenance, or similar services. "Services" does not
include any administrative service or legislative action.

(5)
The village has failed for any fiscal year to adopt the tax budget
required by section 5705.28 of the Revised Code.

(6)
A village elected official has been convicted of theft in office,
either under section 2921.41 of the Revised Code or an equivalent
criminal statute at the federal level, at least two times in a period
of ten years. The convicted official with respect to those
convictions may be the same person or different persons.

(B)
If the auditor of state finds, in an audit report issued under
division (A) or (B) of section 117.11 of the Revised Code of a
village that has a population of
one

five

hundred

fifty

persons
or less

and
consists of less than two square miles
,
that the village meets at least two conditions for the dissolution of
a village, the auditor of state shall send a certified copy of the
report together with a letter to the attorney general requesting the
attorney general to institute legal action to dissolve the village in
accordance with division (C) of this section. The report and letter
shall be sent to the attorney general within ten business days after
the auditor of state's transmittal of the report to the village. The
audit report transmitted to the village shall be accompanied by a
notice to the village of the auditor's intent to refer the report to
the attorney general for legal action in accordance with this
section.

(C)
Within twenty days of receipt of the auditor of state's report and
letter, the attorney general may file a legal action in the court of
common pleas on behalf of the state to request the dissolution of the
village that is the subject of the audit report. If a legal action is
filed, the court shall hold a hearing within ninety days after the
date the attorney general files the legal action with the court.
Notice of the hearing shall be filed with the attorney general, the
clerk of the village that is the subject of the action, and each
fiscal officer of a township located wholly or partly within the
village.

At
the hearing on dissolution, the court shall determine if the village
has a population of
one

five

hundred

fifty

persons
or less
,
consists of less than two square miles,

and meets at least two conditions for the dissolution of a village.
If the court so finds, the court shall order the dissolution of the
village, which shall proceed in accordance with sections 703.31 to
703.39 of the Revised Code. The attorney general shall file a
certified copy of the court's order of dissolution with the secretary
of state and the county recorder of the county in which the village
is situated, who shall record it in their respective offices.

(D)
For purposes of this section, the population of a village shall be
the population determined either at the last preceding federal
decennial census or according to population estimates certified by
the department of development between decennial censuses.

(E)
The procedure in this section is in addition to the procedure of
section 703.33 of the Revised Code for the dissolution of a village.

Sec.
717.051.
Any
multi-level off-street parking structure that is not tax exempt under
section 717.05 of the Revised Code and is acquired in fee or by lease
or constructed by a municipal corporation

that
qualifies as an impacted city, as defined in division (C) of section
1728.01 of the Revised Code, at the time of the initial application
for exemption provided for in this section or so acquired or
constructed by
,

a county

within
the corporate boundaries of such an impacted city
,

a
new community authority, or a port authority,

and
the land on which the parking structure is situated,
is
hereby declared to be a public purpose and may, at the option of the

impacted
city or
municipal
corporation,
the
county,
the
new community authority, or the port authority,
be
made the subject of an application for exemption and shall be exempt
from taxation for such period as the parking structure is owned or
leased by such municipal corporation

or

,

county

and
is available to members of the general public on a daily or monthly
or other subscription basis, provided such period of exemption shall
not exceed twenty years from September 30, 1974, or the date
acquisition or construction of such structure is completed, whichever
shall occur later
,
new community authority, or port authority
.
Any such exemption shall be claimed and allowed in the same or
similar manner as in the case of other real property exemptions. In
the event that an exemption status changes during a tax year, the
procedure for the apportionment of the taxes for said year shall be
the same as in the case of other changes in the exemption status
during the tax year.

Sec.
718.01.
Any
term used in this chapter that is not otherwise defined in this
chapter has the same meaning as when used in a comparable context in
laws of the United States relating to federal income taxation or in
Title LVII of the Revised Code, unless a different meaning is clearly
required. Except as provided in section 718.81 of the Revised Code,
if a term used in this chapter that is not otherwise defined in this
chapter is used in a comparable context in both the laws of the
United States relating to federal income tax and in Title LVII of the
Revised Code and the use is not consistent, then the use of the term
in the laws of the United States relating to federal income tax shall
control over the use of the term in Title LVII of the Revised Code.

Except
as otherwise provided in section 718.81 of the Revised Code, as used
in this chapter:

(A)(1)
"Municipal taxable income" means the following:

(a)
For a person other than an individual, income apportioned or sitused
to the municipal corporation under section 718.02 of the Revised
Code, as applicable, reduced by any pre-2017 net operating loss
carryforward available to the person for the municipal corporation.

(b)(i)
For an individual who is a resident of a municipal corporation other
than a qualified municipal corporation, income reduced by exempt
income to the extent otherwise included in income, then reduced as
provided in division (A)(2) of this section, and further reduced by
any pre-2017 net operating loss carryforward available to the
individual for the municipal corporation.

(ii)
For an individual who is a resident of a qualified municipal
corporation, Ohio adjusted gross income reduced by income exempted,
and increased by deductions excluded, by the qualified municipal
corporation from the qualified municipal corporation's tax. If a
qualified municipal corporation, on or before December 31, 2013,
exempts income earned by individuals who are not residents of the
qualified municipal corporation and net profit of persons that are
not wholly located within the qualified municipal corporation, such
individual or person shall have no municipal taxable income for the
purposes of the tax levied by the qualified municipal corporation and
may be exempted by the qualified municipal corporation from the
requirements of section 718.03 of the Revised Code.

(c)
For an individual who is a nonresident of a municipal corporation,
income reduced by exempt income to the extent otherwise included in
income and then, as applicable, apportioned or sitused to the
municipal corporation under section 718.02 of the Revised Code, then
reduced as provided in division (A)(2) of this section, and further
reduced by any pre-2017 net operating loss carryforward available to
the individual for the municipal corporation.

(2)
In computing the municipal taxable income of a taxpayer who is an
individual, the taxpayer may subtract, as provided in division
(A)(1)(b)(i) or (c) of this section, the amount of the individual's
employee business expenses reported on the individual's form 2106
that the individual deducted for federal income tax purposes for the
taxable year, subject to the limitation imposed by section 67 of the
Internal Revenue Code. For the municipal corporation in which the
taxpayer is a resident, the taxpayer may deduct all such expenses
allowed for federal income tax purposes. For a municipal corporation
in which the taxpayer is not a resident, the taxpayer may deduct such
expenses only to the extent the expenses are related to the
taxpayer's performance of personal services in that nonresident
municipal corporation.

(B)
"Income" means the following:

(1)(a)
For residents, all income, salaries, qualifying wages, commissions,
and other compensation from whatever source earned or received by the
resident, including the resident's distributive share of the net
profit of pass-through entities owned directly or indirectly by the
resident and any net profit of the resident, except as provided in
division (D)(5) of this section.

(b)
For the purposes of division (B)(1)(a) of this section:

(i)
Any net operating loss of the resident incurred in the taxable year
and the resident's distributive share of any net operating loss
generated in the same taxable year and attributable to the resident's
ownership interest in a pass-through entity shall be allowed as a
deduction, for that taxable year and the following five taxable
years, against any other net profit of the resident or the resident's
distributive share of any net profit attributable to the resident's
ownership interest in a pass-through entity until fully utilized,
subject to division (B)(1)(d) of this section;

(ii)
The resident's distributive share of the net profit of each
pass-through entity owned directly or indirectly by the resident
shall be calculated without regard to any net operating loss that is
carried forward by that entity from a prior taxable year and applied
to reduce the entity's net profit for the current taxable year.

(c)
Division (B)(1)(b) of this section does not apply with respect to any
net profit or net operating loss attributable to an ownership
interest in an S corporation unless shareholders' distributive shares
of net profits from S corporations are subject to tax in the
municipal corporation as provided in division (C)(14)(b) or (c) of
this section.

(d)
Any amount of a net operating loss used to reduce a taxpayer's net
profit for a taxable year shall reduce the amount of net operating
loss that may be carried forward to any subsequent year for use by
that taxpayer. In no event shall the cumulative deductions for all
taxable years with respect to a taxpayer's net operating loss exceed
the original amount of that net operating loss available to that
taxpayer.

(2)
In the case of nonresidents, all income, salaries, qualifying wages,
commissions, and other compensation from whatever source earned or
received by the nonresident for work done, services performed or
rendered, or activities conducted in the municipal corporation,
including any net profit of the nonresident, but excluding the
nonresident's distributive share of the net profit or loss of only
pass-through entities owned directly or indirectly by the
nonresident.

(3)
For taxpayers that are not individuals, net profit of the taxpayer;

(4)
Lottery, sweepstakes, gambling and sports winnings, winnings from
games of chance, and prizes and awards. If the taxpayer is a
professional gambler for federal income tax purposes, the taxpayer
may deduct related wagering losses and expenses to the extent
authorized under the Internal Revenue Code and claimed against such
winnings.

(C)
"Exempt income" means all of the following:

(1)
The military pay or allowances of members of the armed forces of the
United States or members of their reserve components, including the
national guard of any state
;
.
As used in division (C)(1) of this section, "armed forces"
has the same meaning as in 10 U.S.C. 101.

(2)(a)
Except as provided in division (C)(2)(b) of this section, intangible
income;

(b)
A municipal corporation that taxed any type of intangible income on
March 29, 1988, pursuant to Section 3 of S.B. 238 of the 116th
general assembly, may continue to tax that type of income if a
majority of the electors of the municipal corporation voting on the
question of whether to permit the taxation of that type of intangible
income after 1988 voted in favor thereof at an election held on
November 8, 1988.

(3)
Social security benefits, railroad retirement benefits, unemployment
compensation, pensions, retirement benefit payments, payments from
annuities, and similar payments made to an employee or to the
beneficiary of an employee under a retirement program or plan,
disability payments received from private industry or local, state,
or federal governments or from charitable, religious or educational
organizations, and the proceeds of sickness, accident, or liability
insurance policies. As used in division (C)(3) of this section,
"unemployment compensation" does not include supplemental
unemployment compensation described in section 3402(o)(2) of the
Internal Revenue Code.

(4)
The income of religious, fraternal, charitable, scientific, literary,
or educational institutions to the extent such income is derived from
tax-exempt real estate, tax-exempt tangible or intangible property,
or tax-exempt activities.

(5)
Compensation paid under section 3501.28 or 3501.36 of the Revised
Code to a person serving as a precinct election official to the
extent that such compensation does not exceed one thousand dollars
for the taxable year. Such compensation in excess of one thousand
dollars for the taxable year may be subject to taxation by a
municipal corporation. A municipal corporation shall not require the
payer of such compensation to withhold any tax from that
compensation.

(6)
Dues, contributions, and similar payments received by charitable,
religious, educational, or literary organizations or labor unions,
lodges, and similar organizations;

(7)
Alimony and child support received;

(8)
Compensation for personal injuries or for damages to property from
insurance proceeds or otherwise, excluding compensation paid for lost
salaries or wages or compensation from punitive damages;

(9)
Income of a public utility when that public utility is subject to the
tax levied under section 5727.24 or 5727.30 of the Revised Code.
Division (C)(9) of this section does not apply for purposes of
Chapter 5745. of the Revised Code.

(10)
Gains from involuntary conversions, interest on federal obligations,
items of income subject to a tax levied by the state and that a
municipal corporation is specifically prohibited by law from taxing,
and income of a decedent's estate during the period of administration
except such income from the operation of a trade or business;

(11)
Compensation or allowances excluded from federal gross income under
section 107 of the Internal Revenue Code;

(12)
Employee compensation that is not qualifying wages as defined in
division (R) of this section;

(13)
Compensation paid to a person employed within the boundaries of a
United States air force base under the jurisdiction of the United
States air force that is used for the housing of members of the
United States air force and is a center for air force operations,
unless the person is subject to taxation because of residence or
domicile. If the compensation is subject to taxation because of
residence or domicile, tax on such income shall be payable only to
the municipal corporation of residence or domicile.

(14)(a)
Except as provided in division (C)(14)(b) or (c) of this section, an
S corporation shareholder's distributive share of net profits of the
S corporation, other than any part of the distributive share of net
profits that represents wages as defined in section 3121(a) of the
Internal Revenue Code or net earnings from self-employment as defined
in section 1402(a) of the Internal Revenue Code.

(b)
If, pursuant to division (H) of former section 718.01 of the Revised
Code as it existed before March 11, 2004, a majority of the electors
of a municipal corporation voted in favor of the question at an
election held on November 4, 2003, the municipal corporation may
continue after 2002 to tax an S corporation shareholder's
distributive share of net profits of an S corporation.

(c)
If, on December 6, 2002, a municipal corporation was imposing,
assessing, and collecting a tax on an S corporation shareholder's
distributive share of net profits of the S corporation to the extent
the distributive share would be allocated or apportioned to this
state under divisions (B)(1) and (2) of section 5733.05 of the
Revised Code if the S corporation were a corporation subject to taxes
imposed under Chapter 5733. of the Revised Code, the municipal
corporation may continue to impose the tax on such distributive
shares to the extent such shares would be so allocated or apportioned
to this state only until December 31, 2004, unless a majority of the
electors of the municipal corporation voting on the question of
continuing to tax such shares after that date voted in favor of that
question at an election held November 2, 2004. If a majority of those
electors voted in favor of the question, the municipal corporation
may continue after December 31, 2004, to impose the tax on such
distributive shares only to the extent such shares would be so
allocated or apportioned to this state.

(d)
A municipal corporation shall be deemed to have elected to tax S
corporation shareholders' distributive shares of net profits of the S
corporation in the hands of the shareholders if a majority of the
electors of a municipal corporation voted in favor of a question at
an election held under division (C)(14)(b) or (c) of this section.
The municipal corporation shall specify by resolution or ordinance
that the tax applies to the distributive share of a shareholder of an
S corporation in the hands of the shareholder of the S corporation.

(15)
The income of individuals under eighteen years of age.

(16)(a)
Except as provided in divisions (C)(16)(b), (c), and (d) of this
section, qualifying wages described in division (B)(1) or (E) of
section 718.011 of the Revised Code to the extent the qualifying
wages are not subject to withholding for the municipal corporation
under either of those divisions.

(b)
The exemption provided in division (C)(16)(a) of this section does
not apply with respect to the municipal corporation in which the
employee resided at the time the employee earned the qualifying
wages.

(c)
The exemption provided in division (C)(16)(a) of this section does
not apply to qualifying wages that an employer elects to withhold
under division (D)(2) of section 718.011 of the Revised Code.

(d)
The exemption provided in division (C)(16)(a) of this section does
not apply to qualifying wages if both of the following conditions
apply:

(i)
For qualifying wages described in division (B)(1) of section 718.011
of the Revised Code, the employee's employer withholds and remits tax
on the qualifying wages to the municipal corporation in which the
employee's principal place of work is situated, or, for qualifying
wages described in division (E) of section 718.011 of the Revised
Code, the employee's employer withholds and remits tax on the
qualifying wages to the municipal corporation in which the employer's
fixed location is located;

(ii)
The employee receives a refund of the tax described in division
(C)(16)(d)(i) of this section on the basis of the employee not
performing services in that municipal corporation.

(17)(a)
Except as provided in division (C)(17)(b) or (c) of this section,
compensation that is not qualifying wages paid to a nonresident
individual for personal services performed in the municipal
corporation on not more than twenty days in a taxable year.

(b)
The exemption provided in division (C)(17)(a) of this section does
not apply under either of the following circumstances:

(i)
The individual's base of operation is located in the municipal
corporation.

(ii)
The individual is a professional athlete, professional entertainer,
or public figure, and the compensation is paid for the performance of
services in the individual's capacity as a professional athlete,
professional entertainer, or public figure. For purposes of division
(C)(17)(b)(ii) of this section, "professional athlete,"
"professional entertainer," and "public figure"
have the same meanings as in section 718.011 of the Revised Code.

(c)
Compensation to which division (C)(17) of this section applies shall
be treated as earned or received at the individual's base of
operation. If the individual does not have a base of operation, the
compensation shall be treated as earned or received where the
individual is domiciled.

(d)
For purposes of division (C)(17) of this section, "base of
operation" means the location where an individual owns or rents
an office, storefront, or similar facility to which the individual
regularly reports and at which the individual regularly performs
personal services for compensation.

(18)
Compensation paid to a person for personal services performed for a
political subdivision on property owned by the political subdivision,
regardless of whether the compensation is received by an employee of
the subdivision or another person performing services for the
subdivision under a contract with the subdivision, if the property on
which services are performed is annexed to a municipal corporation
pursuant to section 709.023 of the Revised Code on or after March 27,
2013, unless the person is subject to such taxation because of
residence. If the compensation is subject to taxation because of
residence, municipal income tax shall be payable only to the
municipal corporation of residence.

(19)
In the case of a tax administered, collected, and enforced by a
municipal corporation pursuant to an agreement with the board of
directors of a joint economic development district under section
715.72 of the Revised Code, the net profits of a business, and the
income of the employees of that business, exempted from the tax under
division (Q) of that section.

(20)
All of the following:

(a)
Income derived from disaster work conducted in this state by an
out-of-state disaster business during a disaster response period
pursuant to a qualifying solicitation received by the business;

(b)
Income of a qualifying employee described in division (A)(14)(a) of
section 5703.94 of the Revised Code, to the extent such income is
derived from disaster work conducted in this state by the employee
during a disaster response period pursuant to a qualifying
solicitation received by the employee's employer;

(c)
Income of a qualifying employee described in division (A)(14)(b) of
section 5703.94 of the Revised Code, to the extent such income is
derived from disaster work conducted in this state by the employee
during a disaster response period on critical infrastructure owned or
used by the employee's employer.

(21)
Income the taxation of which is prohibited by the constitution or
laws of the United States.

Any
item of income that is exempt income of a pass-through entity under
division (C) of this section is exempt income of each owner of the
pass-through entity to the extent of that owner's distributive or
proportionate share of that item of the entity's income.

(D)(1)
"Net profit" for a person who is an individual means the
individual's net profit required to be reported on schedule C,
schedule E, or schedule F reduced by any net operating loss carried
forward. For the purposes of division (D)(1) of this section, the net
operating loss carried forward shall be calculated and deducted in
the same manner as provided in division (D)(3) of this section.

(2)
"Net profit" for a person other than an individual means
adjusted federal taxable income reduced by any net operating loss
incurred by the person in a taxable year beginning on or after
January 1, 2017, subject to the limitations of division (D)(3) of
this section.

(3)(a)
The amount of such net operating loss shall be deducted from net
profit to the extent necessary to reduce municipal taxable income to
zero, with any remaining unused portion of the net operating loss
carried forward to not more than five consecutive taxable years
following the taxable year in which the loss was incurred, but in no
case for more years than necessary for the deduction to be fully
utilized.

(b)
No person shall use the deduction allowed by division (D)(3) of this
section to offset qualifying wages.

(c)(i)
For taxable years beginning in 2018, 2019, 2020, 2021, or 2022, a
person may not deduct, for purposes of an income tax levied by a
municipal corporation that levies an income tax before January 1,
2016, more than fifty per cent of the amount of the deduction
otherwise allowed by division (D)(3) of this section.

(ii)
For taxable years beginning in 2023 or thereafter, a person may
deduct, for purposes of an income tax levied by a municipal
corporation that levies an income tax before January 1, 2016, the
full amount allowed by division (D)(3) of this section without regard
to the limitation of division (D)(3)(c)(i) of this section.

(d)
Any pre-2017 net operating loss carryforward deduction that is
available may be utilized before a taxpayer may deduct any amount
pursuant to division (D)(3) of this section.

(e)
Nothing in division (D)(3)(c)(i) of this section precludes a person
from carrying forward, for use with respect to any return filed for a
taxable year beginning after 2018, any amount of net operating loss
that was not fully utilized by operation of division (D)(3)(c)(i) of
this section. To the extent that an amount of net operating loss that
was not fully utilized in one or more taxable years by operation of
division (D)(3)(c)(i) of this section is carried forward for use with
respect to a return filed for a taxable year beginning in 2019, 2020,
2021, or 2022, the limitation described in division (D)(3)(c)(i) of
this section shall apply to the amount carried forward.

(4)
For the purposes of this chapter, and notwithstanding division (D)(2)
of this section, net profit of a disregarded entity shall not be
taxable as against that disregarded entity, but shall instead be
included in the net profit of the owner of the disregarded entity.

(5)
For the purposes of this chapter, and notwithstanding any other
provision of this chapter, the net profit of a publicly traded
partnership that makes the election described in division (D)(5) of
this section shall be taxed as if the partnership were a C
corporation, and shall not be treated as the net profit or income of
any owner of the partnership.

A
publicly traded partnership that is treated as a partnership for
federal income tax purposes and that is subject to tax on its net
profits in one or more municipal corporations in this state may elect
to be treated as a C corporation for municipal income tax purposes.
The publicly traded partnership shall make the election in every
municipal corporation in which the partnership is subject to taxation
on its net profits. The election shall be made on the annual tax
return filed in each such municipal corporation. The publicly traded
partnership shall not be required to file the election with any
municipal corporation in which the partnership is not subject to
taxation on its net profits, but division (D)(5) of this section
applies to all municipal corporations in which an individual owner of
the partnership resides.

(E)
"Adjusted federal taxable income," for a person required to
file as a C corporation, or for a person that has elected to be taxed
as a C corporation under division (D)(5) of this section, means a C
corporation's federal taxable income before net operating losses and
special deductions as determined under the Internal Revenue Code,
adjusted as follows:

(1)
Deduct intangible income to the extent included in federal taxable
income. The deduction shall be allowed regardless of whether the
intangible income relates to assets used in a trade or business or
assets held for the production of income.

(2)
Add an amount equal to five per cent of intangible income deducted
under division (E)(1) of this section, but excluding that portion of
intangible income directly related to the sale, exchange, or other
disposition of property described in section 1221 of the Internal
Revenue Code;

(3)
Add any losses allowed as a deduction in the computation of federal
taxable income if the losses directly relate to the sale, exchange,
or other disposition of an asset described in section 1221 or 1231 of
the Internal Revenue Code;

(4)(a)
Except as provided in division (E)(4)(b) of this section, deduct
income and gain included in federal taxable income to the extent the
income and gain directly relate to the sale, exchange, or other
disposition of an asset described in section 1221 or 1231 of the
Internal Revenue Code;

(b)
Division (E)(4)(a) of this section does not apply to the extent the
income or gain is income or gain described in section 1245 or 1250 of
the Internal Revenue Code.

(5)
Add taxes on or measured by net income allowed as a deduction in the
computation of federal taxable income;

(6)
In the case of a real estate investment trust or regulated investment
company, add all amounts with respect to dividends to, distributions
to, or amounts set aside for or credited to the benefit of investors
and allowed as a deduction in the computation of federal taxable
income;

(7)
Deduct, to the extent not otherwise deducted or excluded in computing
federal taxable income, any income derived from a transfer agreement
or from the enterprise transferred under that agreement under section
4313.02 of the Revised Code;

(8)
Deduct exempt income to the extent not otherwise deducted or excluded
in computing adjusted federal taxable income.

(9)
Deduct any net profit of a pass-through entity owned directly or
indirectly by the taxpayer and included in the taxpayer's federal
taxable income unless an affiliated group of corporations includes
that net profit in the group's federal taxable income in accordance
with division (E)(3)(b) of section 718.06 of the Revised Code.

(10)
Add any loss incurred by a pass-through entity owned directly or
indirectly by the taxpayer and included in the taxpayer's federal
taxable income unless an affiliated group of corporations includes
that loss in the group's federal taxable income in accordance with
division (E)(3)(b) of section 718.06 of the Revised Code.

If
the taxpayer is not a C corporation, is not a disregarded entity that
has made the election described in division (L)(2) of this section,
is not a publicly traded partnership that has made the election
described in division (D)(5) of this section, and is not an
individual, the taxpayer shall compute adjusted federal taxable
income under this section as if the taxpayer were a C corporation,
except guaranteed payments and other similar amounts paid or accrued
to a partner, former partner, shareholder, former shareholder,
member, or former member shall not be allowed as a deductible expense
unless such payments are a pension or retirement benefit payment paid
to a retired partner, retired shareholder, or retired member or are
in consideration for the use of capital and treated as payment of
interest under section 469 of the Internal Revenue Code or United
States treasury regulations. Amounts paid or accrued to a qualified
self-employed retirement plan with respect to a partner, former
partner, shareholder, former shareholder, member, or former member of
the taxpayer, amounts paid or accrued to or for health insurance for
a partner, former partner, shareholder, former shareholder, member,
or former member, and amounts paid or accrued to or for life
insurance for a partner, former partner, shareholder, former
shareholder, member, or former member shall not be allowed as a
deduction.

Nothing
in division (E) of this section shall be construed as allowing the
taxpayer to add or deduct any amount more than once or shall be
construed as allowing any taxpayer to deduct any amount paid to or
accrued for purposes of federal self-employment tax.

(F)
"Schedule C" means internal revenue service schedule C
(form 1040) filed by a taxpayer pursuant to the Internal Revenue
Code.

(G)
"Schedule E" means internal revenue service schedule E
(form 1040) filed by a taxpayer pursuant to the Internal Revenue
Code.

(H)
"Schedule F" means internal revenue service schedule F
(form 1040) filed by a taxpayer pursuant to the Internal Revenue
Code.

(I)
"Internal Revenue Code" has the same meaning as in section
5747.01 of the Revised Code.

(J)
"Resident" means an individual who is domiciled in the
municipal corporation as determined under section 718.012 of the
Revised Code.

(K)
"Nonresident" means an individual that is not a resident.

(L)(1)
"Taxpayer" means a person subject to a tax levied on income
by a municipal corporation in accordance with this chapter.
"Taxpayer" does not include a grantor trust or, except as
provided in division (L)(2)(a) of this section, a disregarded entity.

(2)(a)
A single member limited liability company that is a disregarded
entity for federal tax purposes may be a separate taxpayer from its
single member in all Ohio municipal corporations in which it either
filed as a separate taxpayer or did not file for its taxable year
ending in 2003, if all of the following conditions are met:

(i)
The limited liability company's single member is also a limited
liability company.

(ii)
The limited liability company and its single member were formed and
doing business in one or more Ohio municipal corporations for at
least five years before January 1, 2004.

(iii)
Not later than December 31, 2004, the limited liability company and
its single member each made an election to be treated as a separate
taxpayer under division (L) of this section as this section existed
on December 31, 2004.

(iv)
The limited liability company was not formed for the purpose of
evading or reducing Ohio municipal corporation income tax liability
of the limited liability company or its single member.

(v)
The Ohio municipal corporation that was the primary place of business
of the sole member of the limited liability company consented to the
election.

(b)
For purposes of division (L)(2)(a)(v) of this section, a municipal
corporation was the primary place of business of a limited liability
company if, for the limited liability company's taxable year ending
in 2003, its income tax liability was greater in that municipal
corporation than in any other municipal corporation in Ohio, and that
tax liability to that municipal corporation for its taxable year
ending in 2003 was at least four hundred thousand dollars.

(M)
"Person" includes individuals, firms, companies, joint
stock companies, business trusts, estates, trusts, partnerships,
limited liability partnerships, limited liability companies,
associations, C corporations, S corporations, governmental entities,
and any other entity.

(N)
"Pass-through entity" means a partnership not treated as an
association taxable as a C corporation for federal income tax
purposes, a limited liability company not treated as an association
taxable as a C corporation for federal income tax purposes, an S
corporation, or any other class of entity from which the income or
profits of the entity are given pass-through treatment for federal
income tax purposes. "Pass-through entity" does not include
a trust, estate, grantor of a grantor trust, or disregarded entity.

(O)
"S corporation" means a person that has made an election
under subchapter S of Chapter 1 of Subtitle A of the Internal Revenue
Code for its taxable year.

(P)
"Single member limited liability company" means a limited
liability company that has one direct member.

(Q)
"Limited liability company" means a limited liability
company formed under former Chapter 1705. of the Revised Code as that
chapter existed prior to February 11, 2022, Chapter 1706. of the
Revised Code, or the laws of another state.

(R)
"Qualifying wages" means wages, as defined in section
3121(a) of the Internal Revenue Code, without regard to any wage
limitations, adjusted as follows:

(1)
Deduct the following amounts:

(a)
Any amount included in wages if the amount constitutes compensation
attributable to a plan or program described in section 125 of the
Internal Revenue Code.

(b)
Any amount included in wages if the amount constitutes payment on
account of a disability related to sickness or an accident paid by a
party unrelated to the employer, agent of an employer, or other
payer.

(c)
Any amount attributable to a nonqualified deferred compensation plan
or program described in section 3121(v)(2)(C) of the Internal Revenue
Code if the compensation is included in wages and the municipal
corporation has, by resolution or ordinance adopted before January 1,
2016, exempted the amount from withholding and tax.

(d)
Any amount included in wages if the amount arises from the sale,
exchange, or other disposition of a stock option, the exercise of a
stock option, or the sale, exchange, or other disposition of stock
purchased under a stock option and the municipal corporation has, by
resolution or ordinance adopted before January 1, 2016, exempted the
amount from withholding and tax.

(e)
Any amount included in wages that is exempt income.

(2)
Add the following amounts:

(a)
Any amount not included in wages solely because the employee was
employed by the employer before April 1, 1986.

(b)
Any amount not included in wages because the amount arises from the
sale, exchange, or other disposition of a stock option, the exercise
of a stock option, or the sale, exchange, or other disposition of
stock purchased under a stock option and the municipal corporation
has not, by resolution or ordinance, exempted the amount from
withholding and tax adopted before January 1, 2016. Division
(R)(2)(b) of this section applies only to those amounts constituting
ordinary income.

(c)
Any amount not included in wages if the amount is an amount described
in section 401(k), 403(b), or 457 of the Internal Revenue Code.
Division (R)(2)(c) of this section applies only to employee
contributions and employee deferrals.

(d)
Any amount that is supplemental unemployment compensation benefits
described in section 3402(o)(2) of the Internal Revenue Code and not
included in wages.

(e)
Any amount received that is treated as self-employment income for
federal tax purposes in accordance with section 1402(a)(8) of the
Internal Revenue Code.

(f)
Any amount not included in wages if all of the following apply:

(i)
For the taxable year the amount is employee compensation that is
earned outside of the United States and that either is included in
the taxpayer's gross income for federal income tax purposes or would
have been included in the taxpayer's gross income for such purposes
if the taxpayer did not elect to exclude the income under section 911
of the Internal Revenue Code;

(ii)
For no preceding taxable year did the amount constitute wages as
defined in section 3121(a) of the Internal Revenue Code;

(iii)
For no succeeding taxable year will the amount constitute wages; and

(iv)
For any taxable year the amount has not otherwise been added to wages
pursuant to either division (R)(2) of this section or section 718.03
of the Revised Code, as that section existed before the effective
date of H.B. 5 of the 130th general assembly, March 23, 2015.

(S)
"Intangible income" means income of any of the following
types: income yield, interest, capital gains, dividends, or other
income arising from the ownership, sale, exchange, or other
disposition of intangible property including, but not limited to,
investments, deposits, money, or credits as those terms are defined
in Chapter 5701. of the Revised Code, and patents, copyrights,
trademarks, tradenames, investments in real estate investment trusts,
investments in regulated investment companies, and appreciation on
deferred compensation. "Intangible income" does not include
prizes, awards, or other income associated with any lottery winnings,
gambling winnings, or other similar games of chance.

(T)
"Taxable year" means the corresponding tax reporting period
as prescribed for the taxpayer under the Internal Revenue Code.

(U)(1)
"Tax administrator" means, subject to division (U)(2) of
this section, the individual charged with direct responsibility for
administration of an income tax levied by a municipal corporation in
accordance with this chapter, and also includes the following:

(a)
A municipal corporation acting as the agent of another municipal
corporation;

(b)
A person retained by a municipal corporation to administer a tax
levied by the municipal corporation, but only if the municipal
corporation does not compensate the person in whole or in part on a
contingency basis;

(c)
The central collection agency or the regional income tax agency or
their successors in interest, or another entity organized to perform
functions similar to those performed by the central collection agency
and the regional income tax agency.

(2)
"Tax administrator" does not include the tax commissioner.

(3)
A private individual or entity serving in any position described in
division (U)(1)(b) or (c) of this section shall have no access to
criminal history record information.

(V)
"Employer" means a person that is an employer for federal
income tax purposes.

(W)
"Employee" means an individual who is an employee for
federal income tax purposes.

(X)
"Other payer" means any person, other than an individual's
employer or the employer's agent, that pays an individual any amount
included in the federal gross income of the individual. "Other
payer" includes casino operators and video lottery terminal
sales agents.

(Y)
"Calendar quarter" means the three-month period ending on
the last day of March, June, September, or December.

(Z)
"Form 2106" means internal revenue service form 2106 filed
by a taxpayer pursuant to the Internal Revenue Code.

(AA)
"Municipal corporation" includes a joint economic
development district or joint economic development zone that levies
an income tax under section 715.691, 715.70, 715.71, or 715.72 of the
Revised Code.

(BB)
"Disregarded entity" means a single member limited
liability company, a qualifying subchapter S subsidiary, or another
entity if the company, subsidiary, or entity is a disregarded entity
for federal income tax purposes.

(CC)
"Generic form" means an electronic or paper form that is
not prescribed by a particular municipal corporation and that is
designed for reporting taxes withheld by an employer, agent of an
employer, or other payer, estimated municipal income taxes, or annual
municipal income tax liability or for filing a refund claim.

(DD)
"Tax return preparer" means any individual described in
section 7701(a)(36) of the Internal Revenue Code and 26 C.F.R.
301.7701-15.

(EE)
"Ohio business gateway" means the online computer network
system created under section 125.30 of the Revised Code or any
successor electronic filing and payment system.

(FF)
"Local board of tax review" and "board of tax review"
mean the entity created under section 718.11 of the Revised Code.

(GG)
"Net operating loss" means a loss incurred by a person in
the operation of a trade or business. "Net operating loss"
does not include unutilized losses resulting from basis limitations,
at-risk limitations, or passive activity loss limitations.

(HH)
"Casino operator" and "casino facility" have the
same meanings as in section 3772.01 of the Revised Code.

(II)
"Video lottery terminal" has the same meaning as in section
3770.21 of the Revised Code.

(JJ)
"Video lottery terminal sales agent" means a lottery sales
agent licensed under Chapter 3770. of the Revised Code to conduct
video lottery terminals on behalf of the state pursuant to section
3770.21 of the Revised Code.

(KK)
"Postal service" means the United States postal service.

(LL)
"Certified mail," "express mail," "United
States mail," "postal service," and similar terms
include any delivery service authorized pursuant to section 5703.056
of the Revised Code.

(MM)
"Postmark date," "date of postmark," and similar
terms include the date recorded and marked in the manner described in
division (B)(3) of section 5703.056 of the Revised Code.

(NN)
"Related member" means a person that, with respect to the
taxpayer during all or any portion of the taxable year, is either a
related entity, a component member as defined in section 1563(b) of
the Internal Revenue Code, or a person to or from whom there is
attribution of stock ownership in accordance with section 1563(e) of
the Internal Revenue Code except, for purposes of determining whether
a person is a related member under this division, "twenty per
cent" shall be substituted for "5 percent" wherever "5
percent" appears in section 1563(e) of the Internal Revenue
Code.

(OO)
"Related entity" means any of the following:

(1)
An individual stockholder, or a member of the stockholder's family
enumerated in section 318 of the Internal Revenue Code, if the
stockholder and the members of the stockholder's family own directly,
indirectly, beneficially, or constructively, in the aggregate, at
least fifty per cent of the value of the taxpayer's outstanding
stock;

(2)
A stockholder, or a stockholder's partnership, estate, trust, or
corporation, if the stockholder and the stockholder's partnerships,
estates, trusts, or corporations own directly, indirectly,
beneficially, or constructively, in the aggregate, at least fifty per
cent of the value of the taxpayer's outstanding stock;

(3)
A corporation, or a party related to the corporation in a manner that
would require an attribution of stock from the corporation to the
party or from the party to the corporation under division (OO)(4) of
this section, provided the taxpayer owns directly, indirectly,
beneficially, or constructively, at least fifty per cent of the value
of the corporation's outstanding stock;

(4)
The attribution rules described in section 318 of the Internal
Revenue Code apply for the purpose of determining whether the
ownership requirements in divisions (OO)(1) to (3) of this section
have been met.

(PP)(1)
"Assessment" means a written finding by the tax
administrator that a person has underpaid municipal income tax, or
owes penalty and interest, or any combination of tax, penalty, or
interest, to the municipal corporation that commences the person's
time limitation for making an appeal to the local board of tax review
pursuant to section 718.11 of the Revised Code, and has "ASSESSMENT"
written in all capital letters at the top of such finding.

(2)
"Assessment" does not include an informal notice denying a
request for refund issued under division (B)(3) of section 718.19 of
the Revised Code, a billing statement notifying a taxpayer of current
or past-due balances owed to the municipal corporation, a tax
administrator's request for additional information, a notification to
the taxpayer of mathematical errors, or a tax administrator's other
written correspondence to a person or taxpayer that does not meet the
criteria prescribed by division (PP)(1) of this section.

(QQ)
"Taxpayers' rights and responsibilities" means the rights
provided to taxpayers in sections 718.11, 718.12, 718.19, 718.23,
718.36, 718.37, 718.38, 5717.011, and 5717.03 of the Revised Code and
the responsibilities of taxpayers to file, report, withhold, remit,
and pay municipal income tax and otherwise comply with Chapter 718.
of the Revised Code and resolutions, ordinances, and rules adopted by
a municipal corporation for the imposition and administration of a
municipal income tax.

(RR)
"Qualified municipal corporation" means a municipal
corporation that, by resolution or ordinance adopted on or before
December 31, 2011, adopted Ohio adjusted gross income, as defined by
section 5747.01 of the Revised Code, as the income subject to tax for
the purposes of imposing a municipal income tax.

(SS)(1)
"Pre-2017 net operating loss carryforward" means any net
operating loss incurred in a taxable year beginning before January 1,
2017, to the extent such loss was permitted, by a resolution or
ordinance of the municipal corporation that was adopted by the
municipal corporation before January 1, 2016, to be carried forward
and utilized to offset income or net profit generated in such
municipal corporation in future taxable years.

(2)
For the purpose of calculating municipal taxable income, any pre-2017
net operating loss carryforward may be carried forward to any taxable
year, including taxable years beginning in 2017 or thereafter, for
the number of taxable years provided in the resolution or ordinance
or until fully utilized, whichever is earlier.

(TT)
"Small employer" means any employer that had total revenue
of less than five hundred thousand dollars during the preceding
taxable year. For purposes of this division, "total revenue"
means receipts of any type or kind, including, but not limited to,
sales receipts; payments; rents; profits; gains, dividends, and other
investment income; compensation; commissions; premiums; money;
property; grants; contributions; donations; gifts; program service
revenue; patient service revenue; premiums; fees, including premium
fees and service fees; tuition payments; unrelated business revenue;
reimbursements; any type of payment from a governmental unit,
including grants and other allocations; and any other similar
receipts reported for federal income tax purposes or under generally
accepted accounting principles. "Small employer" does not
include the federal government; any state government, including any
state agency or instrumentality; any political subdivision; or any
entity treated as a government for financial accounting and reporting
purposes.

(UU)
"Audit" means the examination of a person or the inspection
of the books, records, memoranda, or accounts of a person for the
purpose of determining liability for a municipal income tax.

(VV)
"Publicly traded partnership" means any partnership, an
interest in which is regularly traded on an established securities
market. A "publicly traded partnership" may have any number
of partners.

(WW)
"Tax commissioner" means the tax commissioner appointed
under section 121.03 of the Revised Code.

(XX)
"Out-of-state disaster business," "qualifying
solicitation," "qualifying employee," "disaster
work," "critical infrastructure," and "disaster
response period" have the same meanings as in section 5703.94 of
the Revised Code.

(YY)
"Pension" means a retirement benefit plan, regardless of
whether the plan satisfies the qualifications described under section
401(a) of the Internal Revenue Code, including amounts that are
taxable under the "Federal Insurance Contributions Act,"
Chapter 21 of the Internal Revenue Code, excluding employee
contributions and elective deferrals, and regardless of whether such
amounts are paid in the same taxable year in which the amounts are
included in the employee's wages, as defined by section 3121(a) of
the Internal Revenue Code.

(ZZ)
"Retirement benefit plan" means an arrangement whereby an
entity provides benefits to individuals either on or after their
termination of service because of retirement or disability.
"Retirement benefit plan" does not include wage
continuation payments, severance payments, or payments made for
accrued personal or vacation time.

Sec.
718.031.
As
used in this section, "sports gaming facility" and "type
B sports gaming proprietor" have the same meanings as in section
3775.01 of the Revised Code and
"lottery
sports gaming" has
"video
lottery terminal" and "video lottery sales agent" have

the
same
meaning

meanings

as
in section
3770.23

3770.10

of
the Revised Code.

(A)
A municipal corporation shall require the following persons to
withhold and remit municipal income tax with respect to amounts other
than qualifying wages as provided in this section:

(1)
A casino facility or a casino operator, as defined in Section 6(C)(9)
of Article XV, Ohio Constitution, and section 3772.01 of the Revised
Code, respectively;

(2)
A
video

lottery
sales agent conducting video lottery terminals on behalf of the
state;

(3)
A type B sports gaming proprietor offering sports gaming at a sports
gaming facility.

(B)
If a person's winnings at a casino facility or sports gaming facility
are an amount for which reporting to the internal revenue service of
the amount is required by section 6041 of the Internal Revenue Code,
as amended, a casino operator or sports gaming proprietor shall
deduct and withhold municipal income tax from the person's winnings
at the rate of the tax imposed by the municipal corporation in which
the casino facility or sports gaming facility is located.

(C)
Amounts deducted and withheld by a casino operator or sports gaming
proprietor are held in trust for the benefit of the municipal
corporation to which the tax is owed.

(1)
On or before the tenth day of each month, the casino operator or
sports gaming proprietor shall file a return electronically with the
tax administrator of the municipal corporation, providing the name,
address, and social security number of the person from whose winnings
amounts were deducted and withheld, the amount of each such deduction
and withholding during the preceding calendar month, the amount of
the winnings from which each such amount was withheld, the type of
casino gaming or sports gaming that resulted in such winnings, and
any other information required by the tax administrator. With this
return, the casino operator or sports gaming proprietor shall remit
electronically to the municipal corporation all amounts deducted and
withheld during the preceding month.

(2)
Annually, on or before the thirty-first day of January, a casino
operator or sports gaming proprietor shall file an annual return
electronically with the tax administrator of the municipal
corporation in which the casino facility or sports gaming facility is
located, indicating the total amount deducted and withheld during the
preceding calendar year. The casino operator or sports gaming
proprietor shall remit electronically with the annual return any
amount that was deducted and withheld and that was not previously
remitted. If the name, address, or social security number of a person
or the amount deducted and withheld with respect to that person was
omitted on a monthly return for that reporting period, that
information shall be indicated on the annual return.

(3)
Annually, on or before the thirty-first day of January, a casino
operator or sports gaming proprietor shall issue an information
return to each person with respect to whom an amount has been
deducted and withheld during the preceding calendar year. The
information return shall show the total amount of municipal income
tax deducted from the person's winnings during the preceding year.
The casino operator or sports gaming proprietor shall provide to the
tax administrator a copy of each information return issued under this
division. The administrator may require that such copies be
transmitted electronically.

(4)
A casino operator or sports gaming proprietor that fails to file a
return and remit the amounts deducted and withheld shall be
personally liable for the amount withheld and not remitted. Such
personal liability extends to any penalty and interest imposed for
the late filing of a return or the late payment of tax deducted and
withheld.

(5)
If a casino operator or sports gaming proprietor sells the casino
facility or sports gaming facility, or otherwise quits the casino or
sports gaming business, the amounts deducted and withheld along with
any penalties and interest thereon are immediately due and payable.
The successor shall withhold an amount of the purchase money that is
sufficient to cover the amounts deducted and withheld along with any
penalties and interest thereon until the predecessor casino operator
or sports gaming proprietor produces either of the following:

(a)
A receipt from the tax administrator showing that the amounts
deducted and withheld and penalties and interest thereon have been
paid;

(b)
A certificate from the tax administrator indicating that no amounts
are due.

If
the successor fails to withhold purchase money, the successor is
personally liable for the payment of the amounts deducted and
withheld and penalties and interest thereon.

(6)
The failure of a casino operator or sports gaming proprietor to
deduct and withhold the required amount from a person's winnings does
not relieve that person from liability for the municipal income tax
with respect to those winnings.

(D)
If a person's prize award from a video lottery terminal
or
from lottery sports gaming offered in a video lottery terminal
facility
is
an amount for which reporting to the internal revenue service is
required by section 6041 of the Internal Revenue Code, as amended,
the video lottery sales agent shall deduct and withhold municipal
income tax from the person's prize award at the rate of the tax
imposed by the municipal corporation in which the video lottery
terminal facility is located.

(E)
Amounts deducted and withheld by a video lottery sales agent are held
in trust for the benefit of the municipal corporation to which the
tax is owed.

(1)
The video lottery sales agent shall issue to a person from whose
prize award an amount has been deducted and withheld a receipt for
the amount deducted and withheld, and shall obtain from the person
receiving a prize award the person's name, address, and social
security number in order to facilitate the preparation of returns
required by this section.

(2)
On or before the tenth day of each month, the video lottery sales
agent shall file a return electronically with the tax administrator
of the municipal corporation providing the names, addresses, and
social security numbers of the persons from whose prize awards
amounts were deducted and withheld, the amount of each such deduction
and withholding during the preceding calendar month, the amount of
the prize award from which each such amount was withheld, and any
other information required by the tax administrator. With the return,
the video lottery sales agent shall remit electronically to the tax
administrator all amounts deducted and withheld during the preceding
month.

(3)
A video lottery sales agent shall maintain a record of all receipts
issued under division (E) of this section and shall make those
records available to the tax administrator upon request. Such records
shall be maintained in accordance with section 5747.17 of the Revised
Code and any rules adopted pursuant thereto.

(4)
Annually, on or before the thirty-first day of January, each video
lottery
terminal

sales
agent shall file an annual return electronically with the tax
administrator of the municipal corporation in which the facility is
located indicating the total amount deducted and withheld during the
preceding calendar year. The video lottery sales agent shall remit
electronically with the annual return any amount that was deducted
and withheld and that was not previously remitted. If the name,
address, or social security number of a person or the amount deducted
and withheld with respect to that person was omitted on a monthly
return for that reporting period, that information shall be indicated
on the annual return.

(5)
Annually, on or before the thirty-first day of January, a video
lottery sales agent shall issue an information return to each person
with respect to whom an amount has been deducted and withheld during
the preceding calendar year. The information return shall show the
total amount of municipal income tax deducted and withheld from the
person's prize award by the video lottery sales agent during the
preceding year. A video lottery sales agent shall provide to the tax
administrator of the municipal corporation a copy of each information
return issued under this division. The tax administrator may require
that such copies be transmitted electronically.

(6)
A video lottery sales agent who fails to file a return and remit the
amounts deducted and withheld is personally liable for the amount
deducted and withheld and not remitted. Such personal liability
extends to any penalty and interest imposed for the late filing of a
return or the late payment of tax deducted and withheld.

(F)
If a video lottery sales agent ceases to operate video lottery
terminals, the amounts deducted and withheld along with any penalties
and interest thereon are immediately due and payable. The successor
of the video lottery sales agent that purchases the video lottery
terminals from the agent shall withhold an amount from the purchase
money that is sufficient to cover the amounts deducted and withheld
and any penalties and interest thereon until the predecessor video
lottery sales agent operator produces either of the following:

(1)
A receipt from the tax administrator showing that the amounts
deducted and withheld and penalties and interest thereon have been
paid;

(2)
A certificate from the tax administrator indicating that no amounts
are due.

If
the successor fails to withhold purchase money, the successor is
personally liable for the payment of the amounts deducted and
withheld and penalties and interest thereon.

(G)
The failure of a video lottery sales agent to deduct and withhold the
required amount from a person's prize award does not relieve that
person from liability for the municipal income tax with respect to
that prize award.

(H)
If a casino operator, sports gaming proprietor, or
video

lottery
sales agent files a return late, fails to file a return, remits
amounts deducted and withheld late, or fails to remit amounts
deducted and withheld as required under this section, the tax
administrator of a municipal corporation may impose the following
applicable penalty:

(1)
For the late remittance of, or failure to remit, tax deducted and
withheld under this section, a penalty equal to fifty per cent of the
tax deducted and withheld;

(2)
For the failure to file, or the late filing of, a monthly or annual
return, a penalty of five hundred dollars for each return not filed
or filed late. Interest shall accrue on past due amounts deducted and
withheld at the rate prescribed in section 5703.47 of the Revised
Code.

(I)
Amounts deducted and withheld on behalf of a municipal corporation
shall be allowed as a credit against payment of the tax imposed by
the municipal corporation and shall be treated as taxes paid for
purposes of section 718.08 of the Revised Code. This division applies
only to the person for whom the amount is deducted and withheld.

(J)
The tax administrator shall prescribe the forms of the receipts and
returns required under this section.

Sec.
718.05.
(A)
An annual return with respect to the income tax levied by a municipal
corporation shall be completed and filed by every taxpayer for any
taxable year for which the taxpayer is liable for the tax. If the
total credit allowed against the tax as described in division (D) of
section 718.04 of the Revised Code for the year is equal to or
exceeds the tax imposed by the municipal corporation, no return shall
be required unless the municipal ordinance or resolution levying the
tax requires the filing of a return in such circumstances.

(B)
If an individual is deceased, any return or notice required of that
individual shall be completed and filed by that decedent's executor,
administrator, or other person charged with the property of that
decedent.

(C)
If an individual is unable to complete and file a return or notice
required by a municipal corporation in accordance with this chapter,
the return or notice required of that individual shall be completed
and filed by the individual's duly authorized agent, guardian,
conservator, fiduciary, or other person charged with the care of the
person or property of that individual.

(D)
Returns or notices required of an estate or a trust shall be
completed and filed by the fiduciary of the estate or trust.

(E)
No municipal corporation shall deny spouses the ability to file a
joint return.

(F)(1)
Each return required to be filed under this section shall contain the
signature of the taxpayer or the taxpayer's duly authorized agent and
of the person who prepared the return for the taxpayer, and shall
include the taxpayer's social security number or taxpayer
identification number. Each return shall be verified by a declaration
under penalty of perjury.

(2)
A tax administrator may require a taxpayer who is an individual to
include, with each annual return, amended return, or request for
refund required under this section, copies of only the following
documents: all of the taxpayer's Internal Revenue Service form W-2,
"Wage and Tax Statements," including all information
reported on the taxpayer's federal W-2, as well as taxable wages
reported or withheld for any municipal corporation; the taxpayer's
Internal Revenue Service form 1040 or, in the case of a return or
request required by a qualified municipal corporation, Ohio form
IT-1040; and, with respect to an amended tax return or refund
request, any other documentation necessary to support the refund
request or the adjustments made in the amended return. An individual
taxpayer who files the annual return required by this section
electronically is not required to provide paper copies of any of the
foregoing to the tax administrator unless the tax administrator
requests such copies after the return has been filed.

(3)
A tax administrator may require a taxpayer that is not an individual
to include, with each annual net profit return, amended net profit
return, or request for refund required under this section, copies of
only the following documents: the taxpayer's Internal Revenue Service
form 1041, form 1065, form 1120, form 1120-REIT, form 1120F, or form
1120S, and, with respect to an amended tax return or refund request,
any other documentation necessary to support the refund request or
the adjustments made in the amended return.

A
taxpayer that is not an individual and that files an annual net
profit return electronically through the Ohio business gateway or in
some other manner shall either mail the documents required under this
division to the tax administrator at the time of filing or, if
electronic submission is available, submit the documents
electronically through the Ohio business gateway. The department of
taxation shall publish a method of electronically submitting the
documents required under this division through the Ohio business
gateway on or before January 1, 2016. The department shall transmit
all documents submitted electronically under this division to the
appropriate tax administrator.

(4)
After a taxpayer files a tax return, the tax administrator may
request, and the taxpayer shall provide, any information, statements,
or documents required by the municipal corporation to determine and
verify the taxpayer's municipal income tax liability. The
requirements imposed under division (F) of this section apply
regardless of whether the taxpayer files on a generic form or on a
form prescribed by the tax administrator.

(G)(1)(a)
Except as otherwise provided in this chapter, each individual income
tax return required to be filed under this section shall be completed
and filed as required by the tax administrator on or before the date
prescribed for the filing of state individual income tax returns
under division (G) of section 5747.08 of the Revised Code. The
taxpayer shall complete and file the return or notice on forms
prescribed by the tax administrator or on generic forms, together
with remittance made payable to the municipal corporation or tax
administrator. No remittance is required if the amount shown to be
due is ten dollars or less. A municipal corporation shall not require
a qualifying employee whose income consists exclusively of exempt
income described in division (C)(20)(b) or (c) of section 718.01 of
the Revised Code to file a return under this section.

(b)
Except as otherwise provided in this chapter, each annual net profit
return required to be filed under this section by a taxpayer that is
not an individual shall be completed and filed as required by the tax
administrator on or before the fifteenth day of the fourth month
following the end of the taxpayer's taxable year

unless
the taxpayer's unextended federal income tax return is due after that
date, in which case the annual net profit return shall be completed
and filed on or before the taxpayer's federal income tax return due
date
.
The taxpayer shall complete and file the return or notice on forms
prescribed by the tax administrator or on generic forms, together
with remittance made payable to the municipal corporation or tax
administrator. No remittance is required if the amount shown to be
due is ten dollars or less.

(2)(a)
Any taxpayer that has duly requested an automatic six-month extension
for filing the taxpayer's federal income tax return shall
automatically receive an extension for the filing of a municipal
income tax return. The extended due date of the municipal income tax
return for a taxpayer that is an individual shall be the fifteenth
day of the tenth month after the last day of the taxable year to
which the return relates. The extended due date of the municipal
income tax return for a taxpayer that is not an individual shall be
the fifteenth day of the eleventh month after the last day of the
taxable year to which the return relates.

(b)
A taxpayer that has not requested or received a six-month extension
for filing the taxpayer's federal income tax return may request that
the tax administrator grant the taxpayer a six-month extension of the
date for filing the taxpayer's municipal income tax return. If the
request is received by the tax administrator on or before the date
the municipal income tax return is due, the tax administrator shall
grant the taxpayer's requested extension.

(c)
An extension of time to file under division (G)(2) of this section is
not an extension of the time to pay any tax due unless the tax
administrator grants an extension of that date.

(3)
If the tax commissioner extends for all taxpayers the date for filing
state income tax returns under division (G) of section 5747.08 of the
Revised Code, a taxpayer shall automatically receive an extension for
the filing of a municipal income tax return. The extended due date of
the municipal income tax return shall be the same as the extended due
date of the state income tax return.

(4)
If the tax administrator considers it necessary in order to ensure
the payment of the tax imposed by the municipal corporation in
accordance with this chapter, the tax administrator may require
taxpayers to file returns and make payments otherwise than as
provided in this section, including taxpayers not otherwise required
to file annual returns.

(5)
If a taxpayer receives an extension for the filing of a municipal
income tax return under division (G)(2), (3), or (4) of this section,
the tax administrator shall not make any inquiry or send any notice
to the taxpayer with regard to the return on or before the date the
taxpayer files the return or on or before the extended due date to
file the return, whichever occurs first.

If
a tax administrator violates division (G)(5) of this section, the
municipal corporation shall reimburse the taxpayer for any reasonable
costs incurred to respond to such inquiry or notice, up to one
hundred fifty dollars.

Division
(G)(5) of this section does not apply to an extension received under
division (G)(2) of this section if the tax administrator has actual
knowledge that the taxpayer failed to file for a federal extension as
required to receive the extension under division (G)(2)(a) of this
section or failed to file for an extension under division (G)(2)(b)
of this section.

(6)
To the extent that any provision in this division conflicts with any
provision in section 718.052 of the Revised Code, the provision in
that section prevails.

(H)(1)
For taxable years beginning after 2015, a municipal corporation shall
not require a taxpayer to remit tax with respect to net profits if
the amount due is less than ten dollars.

(2)
Except as provided in division (H)(3) of this section, any taxpayer
not required to remit tax to a municipal corporation for a taxable
year pursuant to division (H)(1) of this section shall file with the
municipal corporation an annual net profit return under division
(F)(3) of this section.

(3)
A municipal corporation shall not require a person to file a net
profit return under this section if the person's income consists
exclusively of exempt income described in division (C)(20)(a) of
section 718.01 of the Revised Code.

(I)(1)
If any report, claim, statement, or other document required to be
filed, or any payment required to be made, within a prescribed period
or on or before a prescribed date under this chapter is delivered
after that period or that date by United States mail to the tax
administrator or other municipal official with which the report,
claim, statement, or other document is required to be filed, or to
which the payment is required to be made, the date of the postmark
stamped on the cover in which the report, claim, statement, or other
document, or payment is mailed shall be deemed to be the date of
delivery or the date of payment. "The date of postmark"
means, in the event there is more than one date on the cover, the
earliest date imprinted on the cover by the postal service.

(2)
If a payment under this chapter is made by electronic funds transfer,
the payment shall be considered to be made on the date of the
timestamp assigned by the first electronic system receiving that
payment.

(J)
The amounts withheld by an employer, the agent of an employer, or an
other payer as described in section 718.03 of the Revised Code shall
be allowed to the recipient of the compensation as credits against
payment of the tax imposed on the recipient by the municipal
corporation, unless the amounts withheld were not remitted to the
municipal corporation and the recipient colluded with the employer,
agent, or other payer in connection with the failure to remit the
amounts withheld.

(K)
Each return required by a municipal corporation to be filed in
accordance with this section shall include a box that the taxpayer
may check to authorize another person, including a tax return
preparer who prepared the return, to communicate with the tax
administrator about matters pertaining to the return. The return or
instructions accompanying the return shall indicate that by checking
the box the taxpayer authorizes the tax administrator to contact the
preparer or other person concerning questions that arise during the
examination or other review of the return and authorizes the preparer
or other person only to provide the tax administrator with
information that is missing from the return, to contact the tax
administrator for information about the examination or other review
of the return or the status of the taxpayer's refund or payments, and
to respond to notices about mathematical errors, offsets, or return
preparation that the taxpayer has received from the tax administrator
and has shown to the preparer or other person.

(L)
The tax administrator of a municipal corporation shall accept for
filing a generic form of any income tax return, report, or document
required by the municipal corporation in accordance with this
chapter, provided that the generic form, once completed and filed,
contains all of the information required by ordinance, resolution, or
rules adopted by the municipal corporation or tax administrator, and
provided that the taxpayer or tax return preparer filing the generic
form otherwise complies with the provisions of this chapter and of
the municipal corporation ordinance or resolution governing the
filing of returns, reports, or documents.

(M)
When income tax returns, reports, or other documents require the
signature of a tax return preparer, the tax administrator shall
accept a facsimile of such a signature in lieu of a manual signature.

(N)(1)
As used in this division, "worksite location" has the same
meaning as in section 718.011 of the Revised Code.

(2)
A person may notify a tax administrator that the person does not
expect to be a taxpayer with respect to the municipal corporation for
a taxable year if both of the following conditions apply:

(a)
The person was required to file a tax return with the municipal
corporation for the immediately preceding taxable year because the
person performed services at a worksite location within that
municipal corporation.

(b)
The person no longer provides services in the municipal corporation
and does not expect to be subject to the municipal corporation's
income tax for the taxable year.

The
person shall provide the notice in a signed affidavit that briefly
explains the person's circumstances, including the location of the
previous worksite location and the last date on which the person
performed services or made any sales within the municipal
corporation. The affidavit also shall include the following
statement: "The affiant has no plans to perform any services
within the municipal corporation, make any sales in the municipal
corporation, or otherwise become subject to the tax levied by the
municipal corporation during the taxable year. If the affiant does
become subject to the tax levied by the municipal corporation for the
taxable year, the affiant agrees to be considered a taxpayer and to
properly register as a taxpayer with the municipal corporation if
such a registration is required by the municipal corporation's
resolutions, ordinances, or rules." The person shall sign the
affidavit under penalty of perjury.

(c)
If a person submits an affidavit described in division (N)(2) of this
section, the tax administrator shall not require the person to file
any tax return for the taxable year unless the tax administrator
possesses information that conflicts with the affidavit or if the
circumstances described in the affidavit change. Nothing in division
(N) of this section prohibits the tax administrator from performing
an audit of the person.

Sec.
718.12.
(A)(1)(a)
Civil actions to recover municipal income taxes and penalties and
interest on municipal income taxes shall be brought within the later
of:

(i)
Three years after the tax
return,
including any valid extension,
was
due or
the
return was
filed,
whichever is later; or

(ii)
One year after the conclusion of the qualifying deferral period, if
any.

(b)
The time limit described in division (A)(1)(a) of this section may be
extended at any time if both the tax administrator and the employer,
agent of the employer, other payer, or taxpayer consent in writing to
the extension. Any extension shall also extend for the same period of
time the time limit described in division (C) of this section.

(2)
As used in this section, "qualifying deferral period" means
a period of time beginning and ending as follows:

(a)
Beginning on the date a person who is aggrieved by an assessment
files with a local board of tax review the request described in
section 718.11 of the Revised Code. That date shall not be affected
by any subsequent decision, finding, or holding by any administrative
body or court that the local board of tax review with which the
aggrieved person filed the request did not have jurisdiction to
affirm, reverse, or modify the assessment or any part of that
assessment.

(b)
Ending the later of the sixtieth day after the date on which the
final determination of the local board of tax review becomes final
or, if any party appeals from the determination of the local board of
tax review, the sixtieth day after the date on which the final
determination of the local board of tax review is either ultimately
affirmed in whole or in part or ultimately reversed and no further
appeal of either that affirmation, in whole or in part, or that
reversal is available or taken.

(B)
Prosecutions for an offense made punishable under a resolution or
ordinance imposing an income tax shall be commenced within three
years after the commission of the offense, provided that in the case
of fraud, failure to file a return, or the omission of twenty-five
per cent or more of income required to be reported, prosecutions may
be commenced within six years after the commission of the offense.

(C)
A claim for a refund of municipal income taxes shall be brought
within the time limitation provided in section 718.19 of the Revised
Code.

(D)
Interest shall be allowed and paid on any overpayment by a taxpayer
of any municipal income tax obligation from the date of the
overpayment until the date of the refund of the overpayment, except
that if any overpayment is refunded within ninety days after the
final filing date of the annual return or ninety days after the
completed return is filed, whichever is later, no interest shall be
allowed on the refund. For the purpose of computing the payment of
interest on amounts overpaid, no amount of tax for any taxable year
shall be considered to have been paid before the date on which the
return on which the tax is reported is due, without regard to any
extension of time for filing that return. Interest shall be paid at
the interest rate described in division (A)(5) of section 718.27 of
the Revised Code.

(E)
Within sixty days after the final determination of any federal or
state tax liability affecting the taxpayer's municipal tax liability,
that taxpayer shall make and file an amended municipal return showing
income subject to the municipal income tax based upon such final
determination of federal or state tax liability, and pay any
additional municipal income tax shown due thereon or make a claim for
refund of any overpayment, unless the tax or overpayment is less than
ten dollars.

(F)(1)
Notwithstanding the fact that an appeal is pending, the petitioner
may pay all or a portion of the assessment that is the subject of the
appeal. The acceptance of a payment by the municipal corporation does
not prejudice any claim for refund upon final determination of the
appeal.

(2)
If upon final determination of the appeal an error in the assessment
is corrected by the tax administrator, upon an appeal so filed or
pursuant to a final determination of the local board of tax review
created under section 718.11 of the Revised Code, of the Ohio board
of tax appeals, or any court to which the decision of the Ohio board
of tax appeals has been appealed, so that the amount due from the
party assessed under the corrected assessment is less than the amount
paid, there shall be issued to the appellant or to the appellant's
assigns or legal representative a refund in the amount of the
overpayment as provided by section 718.19 of the Revised Code, with
interest on that amount as provided by division (D) of this section.

(G)
No civil action to recover municipal income tax or related penalties
or interest shall be brought during either of the following time
periods:

(1)
The period during which a taxpayer has a right to appeal the
imposition of that tax or interest or those penalties;

(2)
The period during which an appeal related to the imposition of that
tax or interest or those penalties is pending.

Sec.
718.13.
(A)
Any information gained as a result of returns, investigations,
hearings, or verifications required or authorized by this chapter or
by a charter or ordinance of a municipal corporation levying an
income tax pursuant to this chapter is confidential, and no person
shall access or disclose such information except in accordance with a
proper judicial order or in connection with the performance of that
person's official duties or the official business of the municipal
corporation as authorized by this chapter or the charter or ordinance
authorizing the levy. The tax administrator of the municipal
corporation or a designee thereof may furnish copies of returns filed
or otherwise received under this chapter and other related tax
information to the internal revenue service, the tax commissioner,
and tax administrators of other municipal corporations.

(B)
This section does not prohibit a municipal corporation from
publishing or disclosing statistics in a form that does not disclose
information with respect to particular taxpayers.

(C)
A municipal corporation may provide tax information related to
municipal income tax revenues derived from a transformational major
sports facility mixed-use project district, as authorized under
section 123.281 of the Revised Code, to the department of taxation
and the fiscal officer of a governmental agency, as defined in
division (F) of section 123.28 of the Revised Code, that owns, or
holds a sufficient ownership in, a major sports facility located
within the territorial boundaries of a transformational major sports
facility mixed-use project district.

Sec.
718.19.
(A)
Upon receipt of a request for a refund, the tax administrator of a
municipal corporation, in accordance with this section, shall refund
to employers, agents of employers, other payers, or taxpayers, with
respect to any income or withholding tax levied by the municipal
corporation:

(1)
Overpayments of more than ten dollars;

(2)
Amounts paid erroneously if the refund requested exceeds ten dollars.

(B)(1)
Except as otherwise provided in this chapter, requests for refund
shall be filed with the tax administrator, on the form prescribed by
the tax administrator within three years after the tax
return,
including any valid extension,
was
due or paid, whichever is later. The tax administrator may require
the requestor to file with the request any documentation that
substantiates the requestor's claim for a refund.

(2)
On filing of the refund request, the tax administrator shall
determine the amount of refund due and certify such amount to the
appropriate municipal corporation official for payment. Except as
provided in division (B)(3) of this section, the administrator shall
issue an assessment to any taxpayer whose request for refund is fully
or partially denied. The assessment shall state the amount of the
refund that was denied, the reasons for the denial, and instructions
for appealing the assessment.

(3)
If a tax administrator denies in whole or in part a refund request
included within the taxpayer's originally filed annual income tax
return, the tax administrator shall notify the taxpayer, in writing,
of the amount of the refund that was denied, the reasons for the
denial, and instructions for requesting an assessment that may be
appealed under section 718.11 of the Revised Code.

(C)
A request for a refund that is received after the last day for filing
specified in division (B) of this section shall be considered to have
been filed in a timely manner if any of the following situations
exist:

(1)
The request is delivered by the postal service, and the earliest
postal service postmark on the cover in which the request is enclosed
is not later than the last day for filing the request.

(2)
The request is delivered by the postal service, the only postmark on
the cover in which the request is enclosed was affixed by a private
postal meter, the date of that postmark is not later than the last
day for filing the request, and the request is received within seven
days of such last day.

(3)
The request is delivered by the postal service, no postmark date was
affixed to the cover in which the request is enclosed or the date of
the postmark so affixed is not legible, and the request is received
within seven days of the last day for making the request.

(D)
As used in this section, "withholding tax" has the same
meaning as in section 718.27 of the Revised Code.

Sec.
718.85.
(A)(1)
For each taxable year, every taxpayer shall file an annual return.
Such return, along with the amount of tax shown to be due on the
return less the amount paid for the taxable year under section 718.88
of the Revised Code, shall be submitted to the tax commissioner, on a
form and in the manner prescribed by the commissioner, on or before
the fifteenth day of the fourth month following the end of the
taxpayer's taxable year

unless
a taxpayer's unextended federal income tax return is due after that
date, in which case the annual return shall be submitted on or before
the taxpayer's federal income tax return due date
.

(2)
The remittance shall be made payable to the treasurer of state and in
the form prescribed by the tax commissioner. If the amount payable
with the tax return is ten dollars or less, no remittance is
required.

(B)
The tax commissioner shall immediately forward to the treasurer of
state all amounts the commissioner receives pursuant to sections
718.80 to 718.95 of the Revised Code. The treasurer shall credit such
amounts to the municipal net profit tax fund which is hereby created
in the state treasury.

(C)(1)
Each return required to be filed under this section shall contain the
signature of the taxpayer or the taxpayer's duly authorized agent and
of the person who prepared the return for the taxpayer, and shall
include the taxpayer's identification number. Each return shall be
verified by a declaration under penalty of perjury.

(2)(a)
The tax commissioner may require a taxpayer to include, with each
annual tax return, amended return, or request for refund filed with
the commissioner under sections 718.80 to 718.95 of the Revised Code,
copies of any relevant documents or other information.

(b)
A taxpayer that files an annual tax return electronically through the
Ohio business gateway or in another manner as prescribed by the tax
commissioner shall either submit the documents required under this
division electronically as prescribed at the time of filing or, if
electronic submission is not available, mail the documents to the tax
commissioner. The department of taxation shall publish a method of
electronically submitting the documents required under this division
on or before January 1, 2019.

(3)
After a taxpayer files a tax return, the tax commissioner may
request, and the taxpayer shall provide, any information, statements,
or documents required to determine and verify the taxpayer's
municipal income tax.

(D)(1)(a)
Any taxpayer that has duly requested an automatic extension for
filing the taxpayer's federal income tax return shall automatically
receive an extension for the filing of a tax return with the
commissioner under this section. The extended due date of the return
shall be the fifteenth day of the eleventh month after the last day
of the taxable year to which the return relates.

(b)
A taxpayer that has not requested or received a six-month extension
for filing the taxpayer's federal income tax return may request that
the commissioner grant the taxpayer a
six-month

seven-month

extension
of the date for filing the taxpayer's tax return. If the commissioner
receives the request on or before the date the tax return is due, the
commissioner shall grant the taxpayer's extension request.

(c)
An extension of time to file under division (D)(1) of this section is
not an extension of the time to pay any tax due unless the tax
commissioner grants an extension of that date.

(2)
If the commissioner considers it necessary in order to ensure payment
of a tax imposed in accordance with section 718.04 of the Revised
Code, the commissioner may require taxpayers to file returns and make
payments otherwise than as provided in this section, including
taxpayers not otherwise required to file annual returns.

(3)
If a taxpayer receives an extension for the filing of a tax return
under division (D)(1) or (2) of this section, the commissioner shall
not make any inquiry or send any notice to the taxpayer with regard
to the return on or before the date the taxpayer files the return or
on or before the extended due date to file the return, whichever
occurs first.

Division
(D)(3) of this section does not apply to an extension received under
division (D)(1) of this section if the commissioner has actual
knowledge that the taxpayer failed to file for a federal extension as
required to receive the extension under division (D)(1)(a) of this
section or failed to file for an extension under division (D)(1)(b)
of this section.

(E)
Each return required to be filed in accordance with this section
shall include a box that the taxpayer may check to authorize another
person, including a tax return preparer who prepared the return, to
communicate with the tax commissioner about matters pertaining to the
return. The return or instructions accompanying the return shall
indicate that by checking the box the taxpayer authorizes the
commissioner to contact the preparer or other person concerning
questions that arise during the examination or other review of the
return and authorizes the preparer or other person only to provide
the commissioner with information that is missing from the return, to
contact the commissioner for information about the examination or
other review of the return or the status of the taxpayer's refund or
payments, and to respond to notices about mathematical errors,
offsets, or return preparation that the taxpayer has received from
the commissioner and has shown to the preparer or other person.

(F)
When income tax returns or other documents require the signature of a
tax return preparer, the tax commissioner shall accept a facsimile or
electronic version of such a signature in lieu of a manual signature.

Sec.
718.88.
(A)
As used in this section:

(1)
"Combined tax liability" means the total amount of a
taxpayer's income tax liabilities to all municipal corporations in
this state for a taxable year.

(2)
"Estimated taxes" means the amount that the taxpayer
reasonably estimates to be the taxpayer's combined tax liability for
the current taxable year.

(B)(1)
Except as provided in division (B)(4) of this section, every taxpayer
shall make a declaration of estimated taxes for the current taxable
year, on the form prescribed by the tax commissioner, if the amount
payable as estimated taxes is at least two hundred dollars.

(2)
Except as provided in division (B)(4) of this section, a taxpayer
having a taxable year of less than twelve months shall make a
declaration under rules prescribed by the commissioner.

(3)
The declaration of estimated taxes shall be filed on or before the
fifteenth day of the fourth month after the beginning of the taxable
year or on or before the fifteenth day of the fourth month after the
taxpayer becomes subject to tax for the first time.

(4)
The tax commissioner may waive the requirement for filing a
declaration of estimated taxes for any class of taxpayers after
finding that the waiver is reasonable and proper in view of
administrative costs and other factors.

(C)
Each taxpayer shall file the declaration of estimated taxes with, and
remit estimated taxes to, the tax commissioner at the times and in
the amounts prescribed in division (C)(1) of this section. Remitted
taxes shall be made payable to the treasurer of state.

(1)
The required portion of the combined tax liability for the taxable
year that shall be paid through estimated taxes shall be as follows:

(a)
On or before the fifteenth day of the fourth month after the
beginning of the taxable year, twenty-two and one-half per cent of
the combined tax liability for the taxable year;

(b)
On or before the fifteenth day of the sixth month after the beginning
of the taxable year, forty-five per cent of the combined tax
liability for the taxable year;

(c)
On or before the fifteenth day of the ninth month after the beginning
of the taxable year, sixty-seven and one-half per cent of the
combined tax liability for the taxable year;

(d)
On or before the fifteenth day of the twelfth month of the taxable
year, ninety per cent of the combined tax liability for the taxable
year.

(2)
If the taxpayer determines that its declaration of estimated taxes
will not accurately reflect the taxpayer's tax liability for the
taxable year, the taxpayer shall increase or decrease, as
appropriate, its subsequent payments in equal installments to result
in a more accurate payment of estimated taxes.

(3)(a)
Each taxpayer shall report on the declaration of estimated taxes the
portion of the remittance that the taxpayer estimates that it owes to
each municipal corporation for the taxable year.

(b)
Upon receiving a payment of estimated taxes under this section, the
commissioner shall immediately forward the payment to the treasurer
of state. The treasurer shall credit the payment in the same manner
as in division (B) of section 718.85 of the Revised Code.

(D)(1)
In the case of any underpayment of estimated taxes,
there
shall be added
the
tax commissioner may add
to
the taxes an amount determined at the rate per annum prescribed by
section 5703.47 of the Revised Code upon the amount of underpayment
for the period of underpayment, unless the underpayment is due to
reasonable cause as described in division (E) of this section. The
amount of the underpayment shall be determined as follows:

(a)
For the first payment of estimated taxes each year, twenty-two and
one-half per cent of the combined tax liability, less the amount of
taxes paid by the date prescribed for that payment;

(b)
For the second payment of estimated taxes each year, forty-five per
cent of the combined tax liability, less the amount of taxes paid by
the date prescribed for that payment;

(c)
For the third payment of estimated taxes each year, sixty-seven and
one-half per cent of the combined tax liability, less the amount of
taxes paid by the date prescribed for that payment;

(d)
For the fourth payment of estimated taxes each year, ninety per cent
of the combined tax liability, less the amount of taxes paid by the
date prescribed for that payment.

(2)
The period of the underpayment shall run from the day the estimated
payment was required to be made to the date on which the payment is
made. For purposes of this section, a payment of estimated taxes on
or before any payment date shall be considered a payment of any
previous underpayment only to the extent the payment of estimated
taxes exceeds the amount of the payment presently due.

(3)
All amounts collected under this section shall be considered as taxes
collected under sections 718.80 to 718.95 of the Revised Code and
shall be credited and distributed to municipal corporations in
accordance with section 718.83 of the Revised Code.

(E)
An underpayment of any portion of a combined tax liability shall be
due to reasonable cause and the penalty imposed by this section shall
not be added to the taxes for the taxable year if any of the
following apply:

(1)
The amount of estimated taxes that were paid equals at least ninety
per cent of the combined tax liability for the current taxable year,
determined by annualizing the income received during the year up to
the end of the month immediately preceding the month in which the
payment is due.

(2)
The amount of estimated taxes that were paid equals at least one
hundred per cent of the tax liability shown on the return of the
taxpayer for the preceding taxable year, provided that the
immediately preceding taxable year reflected a period of twelve
months and the taxpayer filed a municipal income tax return for that
year.

Sec.
718.90.
(A)
If any taxpayer required to file a return under section 718.80 to
718.95 of the Revised Code fails to file the return within the time
prescribed, files an incorrect return, or fails to remit the full
amount of the tax due for the period covered by the return, the tax
commissioner may make an assessment against the taxpayer for any
deficiency for the period for which the return or tax is due, based
upon any information in the commissioner's possession.

The
tax commissioner shall not make or issue an assessment against a
taxpayer more than three years after the later of the date the return
subject to assessment was required to be filed or the date the return
was filed. Such time limit may be extended if both the taxpayer and
the commissioner consent in writing to the extension. Any such
extension shall extend the three-year time limit in section 718.91 of
the Revised Code for the same period of time. There shall be no bar
or limit to an assessment against a taxpayer that fails to file a
return subject to assessment as required by sections 718.80 to 718.95
of the Revised Code, or that files a fraudulent return. The
commissioner shall give the taxpayer assessed written notice of the
assessment as provided in section 5703.37 of the Revised Code. With
the notice, the commissioner shall provide instructions on how to
petition for reassessment and request a hearing on the petition.

(B)
Unless the taxpayer assessed files with the tax commissioner within
sixty days after service of the notice of assessment
,
either personally or by certified mail,

a written petition for reassessment signed by the authorized agent of
the taxpayer assessed having knowledge of the facts, the assessment
becomes final, and the amount of the assessment is due and payable
from the taxpayer to the treasurer of state. The petition shall
indicate the taxpayer's objections, but additional objections may be
raised in writing if received by the commissioner prior to the date
shown on the final determination. If the petition has been properly
filed, the commissioner shall proceed under section 5703.60 of the
Revised Code.

(C)
After an assessment becomes final, if any portion of the assessment
remains unpaid, including accrued interest, a certified copy of the
tax commissioner's entry making the assessment final may be filed in
the office of the clerk of the court of common pleas in the county in
which the taxpayer has an office or place of business in this state,
the county in which the taxpayer's statutory agent is located, or
Franklin county.

Immediately
upon the filing of the entry, the clerk shall enter a judgment
against the taxpayer assessed in the amount shown on the entry. The
judgment may be filed by the clerk in a loose-leaf book entitled
"special judgments for municipal income taxes," and shall
have the same effect as other judgments. Execution shall issue upon
the judgment upon the request of the tax commissioner, and all laws
applicable to sales on execution shall apply to sales made under the
judgment.

If
the assessment is not paid in its entirety within sixty days after
the day the assessment was issued, the portion of the assessment
consisting of tax due shall bear interest at the rate per annum
prescribed by section 5703.47 of the Revised Code from the day the
commissioner issues the assessment until the assessment is paid or
until it is certified to the attorney general for collection under
section 131.02 of the Revised Code, whichever comes first. If the
unpaid portion of the assessment is certified to the attorney general
for collection, the entire unpaid portion of the assessment shall
bear interest at the rate per annum prescribed by section 5703.47 of
the Revised Code from the date of certification until the date it is
paid in its entirety. Interest shall be paid in the same manner as
the tax and may be collected by issuing an assessment under this
section.

(D)(1)
Except as provided in division (D)(2) of this section, all money
collected under this section shall be credited to the municipal net
profit tax fund and distributed to the municipal corporation to which
the money is owed based on the assessment issued under this section.

(2)
The attorney general may assess collection costs as authorized under
section 109.08, 109.081, or 131.02 of the Revised Code on amounts
collected under this section, which shall be credited to the attorney
general claims fund created under section 109.081 of the Revised
Code.

(E)
If the tax commissioner believes that collection of the tax will be
jeopardized unless proceedings to collect or secure collection of the
tax are instituted without delay, the commissioner may issue a
jeopardy assessment against the taxpayer liable for the tax.
Immediately upon the issuance of the jeopardy assessment, the
commissioner shall file an entry with the clerk of the court of
common pleas in the manner prescribed by division (C) of this
section. Notice of the jeopardy assessment shall be served on the
taxpayer assessed or the taxpayer's legal representative in the
manner provided in section 5703.37 of the Revised Code within five
days of the filing of the entry with the clerk. The total amount
assessed is immediately due and payable, unless the taxpayer assessed
files a petition for reassessment in accordance with division (B) of
this section and provides security in a form satisfactory to the
commissioner and in an amount sufficient to satisfy the unpaid
balance of the assessment. Full or partial payment of the assessment
does not prejudice the commissioner's consideration of the petition
for reassessment.

(F)
Notwithstanding the fact that a petition for reassessment is pending,
the taxpayer may pay all or a portion of the assessment that is the
subject of the petition. The acceptance of a payment by the treasurer
of state does not prejudice any claim for refund upon final
determination of the petition.

If
upon final determination of the petition an error in the assessment
is corrected by the tax commissioner, upon petition so filed or
pursuant to a decision of the board of tax appeals or any court to
which the determination or decision has been appealed, so that the
amount due from the taxpayer under the corrected assessment is less
than the portion paid, there shall be issued to the taxpayer, its
assigns, or legal representative a refund in the amount of the
overpayment as provided by section 718.91 of the Revised Code, with
interest on that amount as provided by that section.

Sec.
718.91.
(A)
An application to refund to a taxpayer amounts that were overpaid,
paid illegally or erroneously, or paid on an illegal or erroneous
assessment pursuant to sections 718.80 to 718.95 of the Revised Code
shall be filed with the tax commissioner within three years after the
date of the illegal, erroneous, or excessive payment,
the
date the return to which the payment relates was due including any
valid extension,
or
within any additional period allowed by division (A) of section
718.90 of the Revised Code
,
whichever is later
.
The application shall be filed in the form prescribed by the tax
commissioner.

(B)(1)
On the filing of a refund application, the tax commissioner shall
determine the amount of refund to which the applicant is entitled.
The amount determined shall be based on the amount overpaid per
return or assessment. If the amount is greater than ten dollars and
not less than that claimed, the commissioner shall certify that
amount to the director of budget and management and the treasurer of
state for payment from the tax refund fund created in section
5703.052 of the Revised Code. If the amount is greater than ten
dollars but less than that claimed, the commissioner shall proceed in
accordance with section 5703.70 of the Revised Code.

(2)
Upon issuance of a refund under this section, the commissioner shall
notify each municipal corporation of the amount refunded to the
taxpayer attributable to that municipal corporation, which shall be
deducted from the municipal corporation's next distribution under
section 718.83 of the Revised Code.

(C)
Any portion of a refund determined under division (B) of this section
that is not issued within ninety days after such determination shall
bear interest at the rate per annum prescribed by section 5703.47 of
the Revised Code from the ninety-first day after such determination
until the day the refund is paid or credited. On an illegal or
erroneous assessment, interest shall be paid at that rate from the
date of payment on the illegal or erroneous assessment until the day
the refund is paid or credited.

Sec.
731.14.
All
contracts made by the legislative authority of a village shall be
executed in the name of the village and signed on its behalf by the
mayor and clerk. Except where the contract is for equipment,
services, materials, or supplies to be purchased under division (D)
of section 713.23 or section 125.04 or 5513.01 of the Revised Code,

available
from a qualified nonprofit agency pursuant to sections 4115.31 to
4115.35 of the Revised Code,
or
required to be purchased from a qualified nonprofit agency under
sections 125.60 to 125.6012 of the Revised Code, when any
expenditure, other than the compensation of persons employed in the
village, exceeds the amount specified in section 9.17 of the Revised
Code, such contracts shall be in writing and made with the lowest and
best bidder after advertising once a week for not less than two
consecutive weeks in a newspaper of general circulation within the
village. The legislative authority may also cause notice to be
inserted in trade papers or other publications designated by it or to
be distributed by electronic means, including posting the notice on
the legislative authority's internet web site. If the legislative
authority posts the notice on its web site, it may eliminate the
second notice otherwise required to be published in a newspaper of
general circulation within the village, provided that the first
notice published in such newspaper meets all of the following
requirements:

(A)
It is published at least two weeks before the opening of bids.

(B)
It includes a statement that the notice is posted on the legislative
authority's internet web site.

(C)
It includes the internet address of the legislative authority's
internet web site.

(D)
It includes instructions describing how the notice may be accessed on
the legislative authority's internet web site.

The
bids shall be opened and shall be publicly read by the clerk of the
village or a person designated by the clerk at the time, date, and
place specified in the advertisement to bidders or specifications.
The time, date, and place of bid openings may be extended to a later
date by the legislative authority of the village, provided that
written or oral notice of the change shall be given to all persons
who have received or requested specifications no later than
ninety-six hours prior to the original time and date fixed for the
opening. This section does not apply to those villages that have
provided for the appointment of a village administrator under section
735.271 of the Revised Code.

As
used in this section, "personal protective equipment" means
equipment worn to minimize exposure to hazards that cause workplace
injuries and illnesses.

Sec.
731.141.
In
those villages that have established the position of village
administrator, as provided by section 735.271 of the Revised Code,
the village administrator shall make contracts, purchase supplies and
materials, and provide labor for any work under the administrator's
supervision involving not more than the amount specified in section
9.17 of the Revised Code. When an expenditure, other than the
compensation of persons employed by the village, exceeds the amount
specified in section 9.17 of the Revised Code, the expenditure shall
first be authorized and directed by ordinance of the legislative
authority of the village. When so authorized and directed, except
where the contract is for equipment, services, materials, or supplies
to be purchased under division (D) of section 713.23 or section
125.04 or 5513.01 of the Revised Code,
available
from a qualified nonprofit agency pursuant to sections 4115.31 to
4115.35 of the Revised Code,
or
required to be purchased from a qualified nonprofit agency under
sections 125.60 to 125.6012 of the Revised Code, the village
administrator shall make a written contract with the lowest and best
bidder after advertisement for not less than two nor more than four
consecutive weeks in a newspaper of general circulation within the
village or as provided in section 7.16 of the Revised Code. The bids
shall be opened and shall be publicly read by the village
administrator or a person designated by the village administrator at
the time, date, and place as specified in the advertisement to
bidders or specifications. The time, date, and place of bid openings
may be extended to a later date by the village administrator,
provided that written or oral notice of the change shall be given to
all persons who have received or requested specifications no later
than ninety-six hours prior to the original time and date fixed for
the opening. All contracts shall be executed in the name of the
village and signed on its behalf by the village administrator and the
clerk. No expenditure subject to this section shall be divided into
component parts, separate projects, or separate items of work in
order to avoid the requirements of this section.

The
legislative authority of a village may provide, by ordinance, for
central purchasing for all offices, departments, divisions, boards,
and commissions of the village, under the direction of the village
administrator, who shall make contracts, purchase supplies or
materials, and provide labor for any work of the village in the
manner provided by this section.

Sec.
731.29.
Any
ordinance or other measure passed by the legislative authority of a
municipal corporation shall be subject to the referendum except as
provided by section 731.30 of the Revised Code. No ordinance or other
measure shall go into effect until thirty days after it is filed with
the mayor of a city or passed by the legislative authority in a
village, except as provided by such section.

When

Except
as provided in section 731.291 of the Revised Code, when
a
petition, signed by
ten

thirty-five

per
cent of the number of electors who voted for governor at the most
recent general election for the office of governor in the municipal
corporation, is filed with the city auditor or village clerk within
thirty days after any ordinance or other measure is filed with the
mayor or passed by the legislative authority of a village, or in case
the mayor has vetoed the ordinance or any measure and returned it to
council, such petition may be filed within thirty days after the
council has passed the ordinance or measure over the veto, ordering
that such ordinance or measure be submitted to the electors of such
municipal corporation for their approval or rejection, such auditor
or clerk shall, after ten days, and not later than four p.m. of the
ninetieth day before the day of election, transmit a certified copy
of the text of the ordinance or measure to the board of elections.
The auditor or clerk shall transmit the petition to the board
together with the certified copy of the ordinance or measure. The
board shall examine all signatures on the petition to determine the
number of electors of the municipal corporation who signed the
petition. The board shall return the petition to the auditor or clerk
within ten days after receiving it, together with a statement
attesting to the number of such electors who signed the petition. The
board shall submit the ordinance or measure to the electors of the
municipal corporation, for their approval or rejection, at the next
general election occurring subsequent to ninety days after the
auditor or clerk certifies the sufficiency and validity of the
petition to the board of elections.

No
such ordinance or measure shall go into effect until approved by the
majority of those voting upon it. Sections 731.28 to 731.41 of the
Revised Code do not prevent a municipal corporation, after the
passage of any ordinance or other measure, from proceeding at once to
give any notice or make any publication required by such ordinance or
other measure.

As
used in this section, "certified copy" means a copy
containing a written statement attesting that it is a true and exact
reproduction of the original ordinance or other measure.

Sec.
731.291.
If
a proposed ordinance establishes or modifies planned-unit development
regulations, the following apply in lieu of the contrary provisions
of section 731.29 of the Revised Code:

(A)
The board of elections shall determine the sufficiency and validity
of the petition not later than thirty days after the petition is
certified to the board of elections by the auditor or clerk.

(B)
If the board of elections determines there is an insufficient number
of valid signatures, the board immediately shall notify the person
who presented the petition. The person may submit additional
signatures not later than ten days after the notification.

Sec.
733.81.
(A)
As used in this section, "fiscal officer" means the city
auditor, city treasurer, village fiscal officer, village
clerk-treasurer, village clerk, and, in the case of a municipal
corporation having a charter that designates an officer who, by
virtue of the charter, has duties and functions similar to those of
the city or village officers referred to in this section, the officer
so designated by the charter.

(B)
To enhance the background and working knowledge of fiscal officers in
government accounting, budgeting and financing, financial report
preparation, cybersecurity,
and

the
rules adopted by the auditor of state,
bulletins
or other information published by the auditor of state, and any other
subject deemed appropriate by the auditor of state,
the
auditor of state shall conduct education programs and continuing
education courses for individuals elected or appointed for the first
time to the office of fiscal officer, and shall conduct continuing
education courses for individuals who continue to hold the office in
a subsequent term. The Ohio municipal league also may conduct such
initial education programs and continuing education courses if
approved by the auditor of state. The auditor of state, in
conjunction with the Ohio municipal league, shall determine the
manner and content of the initial education programs and continuing
education courses.

(C)
A newly elected or appointed fiscal officer shall complete at least
six hours of initial education programs before commencing, or during
the first year of, office. A fiscal officer who participates in a
training program held under section 117.44 of the Revised Code may
apply those hours taken before commencing office to the six hours of
initial education programs required under this division.

(D)(1)
In addition to the six hours of initial education required under
division (B) of this section, a newly elected or appointed fiscal
officer shall complete at least a total of eighteen continuing
education hours during the fiscal officer's first term of office.

(2)
An elected or appointed fiscal officer who retains office for a
subsequent term shall complete twelve hours of continuing education
courses in each subsequent term of office.

(3)
The auditor of state shall adopt rules
consistent
with division (B) of this section
specifying
the initial education
programs

and
continuing education
courses
that are required
requirements

for
a fiscal officer who has been appointed. The requirements shall be
proportionally equivalent, based on the time remaining in the vacated
office, to the requirements for a newly elected or appointed fiscal
officer.

(4)
At least two hours of ethics instruction shall be included in the
continuing education hours required by divisions (D)(1) and (2) of
this section.

(5)
A fiscal officer who participates in a training program or seminar
established under section 109.43 of the Revised Code may apply the
three hours of training to the continuing education hours required by
divisions (D)(1) and (2) of this section.

(E)(1)
A certified public accountant who serves as a fiscal officer may
apply to the continuing education hours required by division (D) of
this section any hours of continuing education completed under
section 4701.11 of the Revised Code after being elected or appointed
as a fiscal officer.

(2)
A fiscal officer may apply to the continuing education hours required
by division (D) of this section any hours of continuing education
completed under section 135.22 of the Revised Code after being
elected or appointed as a fiscal officer.

(3)
A fiscal officer who teaches an approved continuing education course
under division (D) of this section is entitled to credit for the
course in the same manner as if the fiscal officer had attended the
course.

(F)

The
auditor of state shall adopt rules for verifying the completion of
initial education programs and continuing education courses required
under this section for each category of fiscal officer. The auditor
of state shall issue a certificate of completion to each fiscal
officer who completes the initial education programs and continuing
education courses. The auditor of state shall issue a "failure
to complete" notice to any fiscal officer who is required to
complete initial education programs and continuing education courses
under this section, but who fails to do so. The notice is for
informational purposes only and does not affect any individual's
ability to hold the office to which the individual was elected or
appointed.

The
fiscal officer shall retain the documentation of any initial or
continuing education courses completed. The auditor of state shall
audit for compliance with this section.

(G)
The legislative authority of a municipal corporation shall approve a
reasonable amount requested by the fiscal officer to cover the costs
the fiscal officer is required to incur to meet the requirements of
this section, including registration fees, lodging and meal expenses,
and travel expenses.

Sec.
735.05.
The
director of public service may make any contract, purchase supplies
or material, or provide labor for any work under the supervision of
the department of public service involving not more than the amount
specified in section 9.17 of the Revised Code. When an expenditure
within the department, other than the compensation of persons
employed in the department, exceeds the amount specified in section
9.17 of the Revised Code, the expenditure shall first be authorized
and directed by ordinance of the city legislative authority. When so
authorized and directed, except where the contract is for equipment,
services, materials, or supplies to be purchased under division (D)
of section 713.23 or section 125.04 or 5513.01 of the Revised Code or
available from a qualified nonprofit agency pursuant to
sections
4115.31 to 4115.35
section
125.601
of
the Revised Code, the director shall make a written contract with the
lowest and best bidder after advertisement for not less than two nor
more than four consecutive weeks in a newspaper of general
circulation within the city or as provided in section 7.16 of the
Revised Code. No expenditure subject to this section shall be divided
into component parts, separate projects, or separate items of work in
order to avoid the requirements of this section.

Sec.
742.043.
(A)
No person shall knowingly fail to file a complete and accurate
campaign finance statement or independent expenditure statement in
accordance with section 742.042 of the Revised Code.

(B)
No person, during the course of a person seeking nomination for, and
during any campaign for, election to the board of trustees of the
police and fire pension fund, shall knowingly and with intent to
affect the nomination or the outcome of the campaign do any of the
following by means of campaign materials, an advertisement on radio
or television or in a newspaper or periodical, a public speech, press
release, or otherwise:

(1)
With regard to a candidate, identify the candidate in a manner that
implies that the candidate is a member of the board or use the term
"re-elect" when the candidate is not currently a member of
the board;

(2)
Make a false statement concerning the formal schooling or training
completed or attempted by a candidate; a degree, diploma,
certificate, scholarship, grant, award, prize, or honor received,
earned, or held by a candidate; or the period of time during which a
candidate attended any school, college, community technical school,
or institution;

(3)
Make a false statement concerning the professional, occupational, or
vocational licenses held by a candidate, or concerning any position
the candidate held for which the candidate received a salary or
wages;

(4)
Make a false statement that a candidate or board member has been
indicted or convicted of a theft offense, extortion, or other crime
involving financial corruption or moral turpitude;

(5)
Make a statement that a candidate has been indicted for any crime or
has been the subject of a finding by the Ohio elections commission
,
the secretary of state, or the Ohio election integrity commission

without disclosing the outcome of any legal proceedings resulting
from the indictment or finding;

(6)
Make a false statement that a candidate or board member has a record
of treatment or confinement for mental disorder;

(7)
Make a false statement that a candidate or board member has been
subjected to military discipline for criminal misconduct or
dishonorably discharged from the armed services;

(8)
Falsely identify the source of a statement, issue statements under
the name of another person without authorization, or falsely state
the endorsement of or opposition to a candidate by a person or
publication;

(9)
Make a false statement concerning the voting record of a candidate or
board member;

(10)
Post, publish, circulate, distribute, or otherwise disseminate a
false statement concerning a candidate, either knowing the same to be
false or with reckless disregard of whether it was false or not, if
the statement is designed to promote the election, nomination, or
defeat of the candidate.

Sec.
742.044.
The
secretary of state, or any person acting on personal knowledge and
subject to the penalties of perjury, may file a
A

complaint

with
the Ohio elections commission
alleging
a violation of section 742.043 of the Revised Code

may
be filed in accordance with section 3517.16 of the Revised Code
.

The
complaint shall be made on a form prescribed and provided by the
commission.

On
receipt of a complaint under this section, the commission shall hold
a hearing open to the public to determine whether the violation
alleged in the complaint has occurred. The commission may administer
oaths and issue subpoenas to any person in the state compelling the
attendance of witnesses and the production of relevant papers, books,
accounts, and reports. On the refusal of any person to obey a
subpoena or to be sworn or to answer as a witness, the commission may
apply to the court of common pleas of Franklin county under section
2705.03 of the Revised Code. The court shall hold contempt
proceedings in accordance with Chapter 2705. of the Revised Code.

The
commission shall provide the person accused of the violation at least
seven days prior notice of the time, date, and place of the hearing.
The accused may be represented by an attorney and shall have an
opportunity to present evidence, call witnesses, and cross-examine
witnesses.

At
the hearing, the commission shall determine whether the violation
alleged in the complaint has occurred. If the commission determines
that a violation of division (A) of section 742.043 of the Revised
Code has occurred, the commission shall either impose a fine under
section 742.99 of the Revised Code or enter a finding that good cause
has been shown not to impose the fine. If the commission determines
that a violation of division (B) of section 742.043 of the Revised
Code has occurred, the commission shall impose the fine described in
section 742.99 of the Revised Code, refer the matter to the
appropriate prosecutor, or enter a finding that good cause has been
shown not to impose a fine or refer the matter to a prosecutor.

Sec.
742.99.
(A)
Whoever violates section 742.043 of the Revised Code shall be fined
not more than one hundred dollars for each day of the violation.

(B)
Whoever violates division (B) of section 742.043 of the Revised Code
shall be imprisoned for not more than six months or fined not more
than five thousand dollars, or both.

(C)
Fines imposed by the Ohio elections commission under this section
shall be paid into the Ohio elections commission fund created under
section 3513.10 of the Revised Code.

Sec.
749.31.
Except
where the contract is for equipment, services, materials, or supplies
available from a qualified nonprofit agency pursuant to
sections
4115.31 to 4115.35
section
125.601
of
the Revised Code, the board of hospital trustees shall enter into a
contract for work or supplies where the estimated cost exceeds fifty
thousand dollars with the lowest and best bidder. Where the contract
is for other than the construction, demolition, alteration, repair,
or reconstruction of an improvement, the board shall enter into the
contract when the bidder gives bond to the board, with such security
as the board approves, that the bidder will perform the work and
furnish materials or supplies in accordance with the contract. On the
failure of such bidder within a reasonable time, to be fixed by the
board, to enter into bond with such security, a contract may be made
with the next lowest and best bidder, and so on until a contract is
effected by a contractor giving such bond. The board may reject any
bid.

Sec.
755.181.
The
legislative authority of any municipal corporation, township,
township park district, county, or school district desiring to join a
joint recreation district created under section 755.14 of the Revised
Code may, by resolution, petition the joint recreation district board
of trustees for membership. If the joint recreation district does not
impose a tax, the petitioning subdivision becomes a member upon
approval by the joint recreation district's board of trustees. If the
joint recreation district imposes a tax, the petitioning subdivision
becomes a member after approval by the joint recreation district's
board of trustees and after approval of the tax by the electors of
the petitioning subdivision. In such a case, the joint recreation
district's board of trustees and the county auditor shall proceed as
required for a tax levy under section 5705.03 of the Revised Code,
except that the levy's annual collections shall be estimated assuming
that the subdivision's territory has been added to the joint
recreation district.

Upon
certification by the board of trustees of the joint recreation
district to the appropriate boards of election, the boards of
election shall make the necessary arrangements for the submission of
the question to the electors of the petitioning subdivision qualified
to vote thereon. The election shall be held, canvassed, and certified
in the manner provided for the submission of tax levies under section
5705.19 of the Revised Code, except that the question appearing on
the ballot shall read:

"Shall
the territory within _______________ (Name of the subdivision to be
added) be added to ____________________ (Name) joint recreation
district, and a property tax, that the county auditor estimates will
collect $_____ annually, at a rate not exceeding _________________
mills for each $1 of taxable value, which amounts to $_______________
(effective rate) for each $100,000 of the county auditor's
appraised

market

value,
be in effect for _________________ (here insert the number of years
the tax is to be in effect)?"

If
the question is approved by at least a majority of the electors
voting on it, the joinder shall be effective as of the first day of
January of the year following approval, and on that date, the joint
recreation district tax shall be extended to the taxable property
within the territory that has been added.

The
legislative authority of any subdivision that is a member of a joint
recreation district may withdraw from it upon certification of a
resolution proclaiming a withdrawal to the joint recreation
district's board of trustees. Any subdivision withdrawing from a
joint recreation district shall continue to have levied against its
tax duplicate any tax levied by the district on the effective date of
the withdrawal until it expires or is renewed. Members of a joint
recreation district's board of trustees who represent the withdrawing
subdivision are deemed to have resigned their position upon
certification of a withdrawal resolution. Upon the withdrawal of any
subdivision from a joint recreation district, the county auditor
shall ascertain, apportion, and order a division of the funds on
hand, moneys and taxes in the process of collection, except for taxes
levied for the payment of indebtedness, credits, and real and
personal property, either in money or in kind, on the basis of the
valuation of the respective tax duplicates of the withdrawing
subdivision and the remaining territory of the joint recreation
district.

When
the number of subdivisions comprising a joint recreation district is
reduced to one, the joint recreation district ceases to exist, and
the funds, credits, and property remaining after apportionments to
withdrawing subdivisions shall be assumed by the one remaining
subdivision. When a joint recreation district ceases to exist and
indebtedness remains unpaid, the board of county commissioners shall
continue to levy and collect taxes for the payment of that
indebtedness within the territory of the joint recreation district as
it was comprised at the time the indebtedness was incurred.

As
used in this section, "the county auditor's
appraised

market

value"
and "effective rate" have the same meanings as in section
5705.01 of the Revised Code.

Sec.
901.43.
(A)

As
used in this section, "certificate of free sale" means a
document issued by the director of agriculture that certifies to
states and countries receiving the listed product that the product
being exported is freely marketed without restriction in the United
States.

(B)

The
director
of
agriculture
may
authorize any department of agriculture laboratory to perform a
laboratory service for any person, organization, political
subdivision, state agency, federal agency, or other entity, whether
public or private. The director shall adopt and enforce rules to
provide for the rendering of a laboratory service.

(B)
(C)

The director may charge a reasonable fee for the performance of a
laboratory service, except when the service is performed on an
official sample taken by the director acting pursuant to Title IX,
Chapter 3715., or Chapter 3717. of the Revised Code; by a board of
health acting as the licensor of retail food establishments or food
service operations under Chapter 3717. of the Revised Code; or by the
director of health acting as the licensor of food service operations
under Chapter 3717. of the Revised Code. The director of agriculture
shall adopt rules specifying what constitutes an official sample.

The
director shall publish a list of laboratory services offered,
together with the fee for each service.

(C)
(D)

The director may enter into a contract with any person, organization,
political subdivision, state agency, federal agency, or other entity
for the provision of a laboratory service.

(D)(1)
(E)(1)

The director may adopt rules establishing standards for accreditation
of laboratories and laboratory services and in doing so may adopt by
reference existing or recognized standards or practices.

(2)
The director may inspect and accredit laboratories and laboratory
services, and may charge a reasonable fee for the inspections and
accreditation.

(E)(1)
(F)(1)

There is hereby created in the state treasury the animal and consumer
protection laboratory fund. Moneys from the following sources shall
be deposited into the state treasury to the credit of the fund: all
moneys collected by the director under this section that are from
fees generated by a laboratory service performed by the department
and related to the diseases of animals, all moneys so collected that
are from fees generated for the inspection and accreditation of
laboratories and laboratory services related to the diseases of
animals, all moneys collected by the director under this section that
are from fees generated by a laboratory service performed by the
consumer protection laboratory, all moneys so collected that are from
fees generated for the inspection and accreditation of laboratories
and laboratory services not related to weights and measures, money
received by the director under sections 947.01 to 947.06 of the
Revised Code, and all moneys collected under
Chapters
943. and
Chapter

953.
of the Revised Code

that
are not credited to the animal and consumer protection fund created
in section 943.26 of the Revised Code
.
The director may use the moneys held in the fund to pay the expenses
necessary to operate the animal industry laboratory and the consumer
protection laboratory, including the purchase of supplies and
equipment.

(2)
All moneys collected by the director under this section that are from
fees generated by a laboratory service performed by the weights and
measures laboratory, and all moneys so collected that are from fees
generated for the inspection and accreditation of laboratories and
laboratory services related to weights and measures, shall be
deposited in the state treasury to the credit of the weights and
measures laboratory fund, which is hereby created in the state
treasury. The moneys held in the fund may be used to pay the expenses
necessary to operate the division of weights and measures, including
the purchase of supplies and equipment.

(G)(1)
The director may authorize any department of agriculture division or
program to issue a certificate of free sale to any person,
organization, political subdivision, state agency, federal agency, or
other entity, whether public or private. The director may charge a
fee of fifty dollars for issuance of a certificate of free sale. The
director shall adopt and enforce rules in accordance with Chapter
119. of the Revised Code to provide for the issuance of the
certificates of free sale.

(2)
All money collected by the director under this section that is from
fees related to the issuance of certificates of free sale shall be
credited to the appropriate program fund administered by the
department.

(H)(1)
Information, reports, and other records furnished, procured, or used
in any department of agriculture laboratory to perform a laboratory
service is not a public record. Any details that would identify a
particular person, business, or premises that submitted a specimen to
any such laboratory shall be treated as confidential and shall not be
disclosed, unless the director elects to share such information with
one of the following:

(a)
A local, state, or federal agency for use in the discharge of such
agency's official public duties;

(b)
An institution of higher education.

The
director may enter into an agreement with a local, state, or federal
agency or with an institution of higher education that requires
information shared under division (H)(1) of this section to be kept
confidential.

(2)
The director may prepare and publish statistical information without
disclosing details that would identify a particular person or
business client.

Sec.
904.02.
(A)
There is hereby created the Ohio livestock care standards board
consisting of the following members:

(1)
The director of agriculture, who shall be the chairperson of the
board;

(2)
Ten members appointed by the governor with the advice and consent of
the senate. The ten members shall be residents of this state and
shall include the following:

(a)
One member representing family farms;

(b)
One member who is knowledgeable about food safety in this state;

(c)
Two members representing statewide organizations that represent
farmers;

(d)
One member who is a veterinarian licensed under Chapter 4741. of the
Revised Code;

(e)
The state veterinarian in the department of agriculture;

(f)
The dean of the agriculture department of a college or university
located in this state;

(g)
Two members of the public representing consumers in this state;

(h)
One member representing a county humane society organized under
Chapter 1717. of the Revised Code.

(3)
One member appointed by the speaker of the house of representatives
who shall be a family farmer;

(4)
One member appointed by the president of the senate who shall be a
family farmer.

Not
more than seven members appointed to the board at any given time
shall be of the same political party.

(B)(1)
The governor, the speaker of the house of representatives, and the
president of the senate shall make appointments to the board not
later than forty-five days after
the
effective date of this section

March
31, 2010
.

(2)
The following initial members of the board appointed by the governor
shall be appointed for a term ending January 25, 2011:

(a)
The member representing family farmers;

(b)
The dean of the agriculture department of a college or university
located in this state;

(c)
The member who is a veterinarian licensed under Chapter 4741. of the
Revised Code;

(d)
One of the members of the public representing consumers in this
state.

(3)
The following initial members of the board shall be appointed for a
term ending January 15, 2012:

(a)
The member appointed by the speaker of the house of representatives
who is a family farmer;

(b)
One of the members representing a statewide organization that
represents farmers;

(c)
The member representing a county humane society organized under
Chapter 1717. of the Revised Code;

(d)
The member who is knowledgeable about food safety in this state.

(4)
The following initial members of the board shall be appointed for a
term ending January 15, 2013:

(a)
The member appointed by the president of the senate who is a family
farmer;

(b)
One of the members of the public representing consumers in this
state;

(c)
One of the members representing a statewide organization that
represents farmers.

(C)
After the initial terms served in accordance with division (B) of
this section, terms of office shall be for three years with each term
ending on the same day of the same month as did the term that it
succeeds. However, the terms for the director of agriculture and the
state veterinarian shall coincide with the length of time that the
person holds the position of director or state veterinarian, as
applicable. If the director or the state veterinarian resigns or that
person's employment is terminated, the director or state
veterinarian, as applicable, shall cease to serve on the board, and
the successor of the director or state veterinarian shall then serve
on the board in accordance with this section. Every other member
shall hold office from the date of the member's appointment until the
end of the term for which the member was appointed.

Vacancies
on the board shall be filled in the manner provided for original
appointments. Any member appointed to fill a vacancy occurring prior
to the expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of that term. A member
shall continue in office subsequent to the expiration date of the
member's term until the member's successor takes office, or until a
period of one hundred eighty days has elapsed, whichever occurs
first. A member may be reappointed upon the expiration of the
member's term.

(D)
The board shall hold at least three regular meetings each year and
may hold additional meetings at times that the chairperson or a
majority of the board members considers appropriate. At the three
regular meetings held by the board each year, the board shall conduct
a review of the rules governing the care and well-being of livestock
that have been or are proposed to be adopted under section 904.03 of
the Revised Code.

At
the first meeting of the board in each calendar year, the director
shall designate one member of the board to serve as its
vice-chairperson. A majority of the board constitutes a quorum. The
board may act only if a quorum is present and only by majority vote
of that quorum. A vacancy on the board does not impair the right of
the other members to exercise all of the board's powers.

(E)
Serving as an appointed member of the board does not constitute
holding a public office or position of employment under the laws of
this state and does not constitute grounds for removal of public
officers or employees from their offices or positions of employment.

(F)
Appointed members of the board shall receive no compensation for
their services. Members shall be reimbursed for their actual and
necessary expenses incurred in the performance of their duties as
members. The expenses shall be paid from the
Ohio
livestock care standards
animal
and consumer protection
fund
created in section
904.06

943.26

of
the Revised Code. The expenses shall be paid in accordance with the
rules and requirements adopted by the department of administrative
services that are applicable to state employees.

(G)
The board may create committees that it considers appropriate to make
recommendations to the board. Committees may include non-board
members.

Sec.
904.04.
(A)
In order to assist the Ohio livestock care standards board in the
administration and enforcement of this chapter, the director of
agriculture shall do all of the following:

(1)
Hire all employees of the board, including an executive director.
Employees of the board shall be in the unclassified civil service,
serve at the pleasure of the director of agriculture, and be
compensated with money from the
Ohio
livestock care standards
animal
and consumer protection
fund
created in section
904.06

943.26

of
the Revised Code.

(2)
Enter into contracts on behalf of the board;

(3)
Do all of the following with regard to rules governing the care and
well-being of livestock adopted by the board under section 904.03 of
the Revised Code:

(a)
Process and submit the rules to the joint committee on agency rule
review pursuant to Chapter 119. of the Revised Code;

(b)
Contract for surveys and analyses;

(c)
Perform any other activities that assist the board in adopting the
rules.

(4)
Publish and distribute information related to livestock care,
including educational materials, to livestock producers and members
of the public;

(5)
Investigate complaints regarding violations of the rules adopted
under section 904.03 of the Revised Code in accordance with the
authority granted by this chapter, sections 901.25 to 901.29 of the
Revised Code, and rules adopted under this chapter and section 901.03
of the Revised Code;

(6)
Enforce the rules adopted under section 904.03 of the Revised Code
and levy the civil penalties established by those rules. The director
may apply to a court of competent jurisdiction for a temporary or
permanent injunction or other appropriate relief for violations of
this chapter and rules adopted under it. For purposes of this
division, the court of competent jurisdiction shall be either the
court of common pleas of Licking county or the court of common pleas
of the county where the violation is occurring. Money collected from
civil penalties levied under division (A)(6) of this section shall be
deposited in the state treasury to the credit of the general revenue
fund.

(7)
Perform any other duties necessary to assist the board in the
administration and enforcement of this chapter.

(B)
With the consent of the premises owner and, if the premises owner is
different from the livestock owner, the livestock owner, the director
or the director's authorized representative may enter at all
reasonable times on any premises for the purpose of determining
compliance with the rules adopted under section 904.03 of the Revised
Code. If the director or the director's authorized representative is
denied access to the premises and the director or the director's
authorized representative suspects that those rules are not being
complied with, the director may apply for a search warrant
authorizing access from a court of competent jurisdiction. The court
shall issue the search warrant if there is probable cause. Probable
cause may be based on hearsay, provided that there is substantial
basis for believing the source is credible and there is factual basis
for the information.

Upon
entry on premises in accordance with this division, the director or
the director's authorized representative shall observe biosecurity
measures in order to prevent spreading disease and infecting
livestock.

Sec.
905.32.
(A)
No person shall manufacture or distribute in this state any type of
fertilizer until a license to manufacture or distribute has been
obtained by the manufacturer or distributor from the department of
agriculture upon payment of a
five-dollar

fifty-dollar

fee:

(1)
For each fixed (permanent) location at which fertilizer is
manufactured in this state;

(2)
For each mobile unit used to manufacture fertilizer in this state;

(3)
For each location out of the state from which fertilizer is
distributed into this state;

(4)
For each location in this state from which fertilizer is distributed
in this state.

All
licenses shall be valid for one year beginning on the first day of
December of a calendar year through the thirtieth day of November of
the following calendar year. A renewal application for a license
shall be submitted no later than the thirtieth day of November each
year. A person who submits a renewal application for a license after
the thirtieth day of November shall include with the application a
late filing fee of
ten

twenty-five

dollars.

(B)
An application for a license shall include:

(1)
The name and address of the licensee;

(2)
The name and address of each bulk distribution point in the state,
not licensed for fertilizer manufacture and distribution.

The
name and address shown on the license shall be shown on all labels,
pertinent invoices, and bulk storage for fertilizers distributed by
the licensee in this state.

(C)
The licensee shall inform the director of agriculture in writing of
additional distribution points established during the period of the
license.

(D)
All money collected under this section shall be credited to the
pesticide, fertilizer, and lime program fund created in section
921.22 of the Revised Code.

Sec.
905.57.
(A)
All information furnished to or procured by the director of
agriculture under section 905.56 of the Revised Code is for the
exclusive use and information of the director in the discharge of his
official duties and is not open to the public nor to be used in any
court in any action or proceeding therein unless the director is a
party to such action or proceeding, but such information may be
consolidated in statistical tables and published by the director in
statistical form, without disclosing details of information furnished
by any particular person.

(B)

No
person shall willfully divulge any information secured while in the
employ of the department of agriculture, with respect to the
transactions, property, files, records, or papers of the department,
or with respect to the business of any manufacturer, seller, or
distributor of agricultural liming material to any person other than
the director or the superior of such employee, or when called upon to
testify in an action or proceeding to which the director is a party.

Sec.
907.13.
No
person shall label agricultural, vegetable, or flower seed that is
intended for sale in this state unless the person holds a valid seed
labeler permit that has been issued by the director of agriculture in
accordance with this section.

A
person who wishes to obtain a seed labeler permit shall file an
application with the director on a form that the director provides
and shall submit a permit fee in the amount of
ten

fifty

dollars.
Such a person who labels seed under more than one name or at more
than one address shall obtain a separate seed labeler permit and pay
a separate permit fee for each name and address.

The
applicant shall include the applicant's full name and address on the
application together with any additional information that the
director requires by rules adopted under section 907.10 of the
Revised Code. If the applicant's address is not within this state or
it does not represent a location in this state where the director can
collect samples of the applicant's seed for analysis, then the
applicant shall include on the application an address within this
state where samples of the applicant's seed may be collected for
those purposes or shall agree to provide the director or the
director's authorized representative with seeds for sampling upon
request.

Upon
receipt of a complete application accompanied by the
ten-dollar

fifty-dollar

permit
fee, the director shall issue a seed labeler's permit to the
applicant. All seed labeler permits that are issued under this
section shall expire on the thirty-first day of
December

January

of
each year regardless of the date on which a permit was issued during

that
year
the
previous one-year period
.

Each
person who obtains a seed labeler permit shall label the seed that
the person intends for sale in this state in accordance with the
requirements established in sections 907.01 to 907.17 of the Revised
Code. Each person who holds a valid seed labeler permit shall keep
the permit posted in a conspicuous place in the principal seed room
from which the person sells seed and shall comply with the reporting
and fee requirements that are established in section 907.14 of the
Revised Code.

All
money collected under this section shall be credited to the
commercial feed and seed fund created in section 923.46 of the
Revised Code.

Sec.
907.14.
(A)
A person who holds a valid seed labeler permit issued under section
907.13 of the Revised Code shall report to the director of
agriculture concerning the amount of seed that the person sells in
this state. The report shall be made
semiannually

annually

on
a form that the director prescribes and provides.
One
semiannual
The

report
shall be filed with the director prior to the first day of February
of each year with respect to all sales that the person made during
the period from the first day of
July

January

to
the thirty-first day of December of the
preceding

previous

year.

The
second semiannual report shall be filed prior to the first day of
August of each year with respect to all sales that the person made
during the period from the first day of January to the thirtieth day
of June of that year.

(B)
A person who holds a valid seed labeler permit shall include with
each
semiannual

annual

report
a seed fee based on the amount of the seed that the person sold
during that reporting period as follows:

(1)
For soybeans and small grains, including barley, oats, rye, wheat,
triticale, and spelt, four cents per one hundred pounds;

(2)
For corn and grain sorghum, five cents per one hundred pounds;

(3)(a)
For any of the following seed sold at wholesale or retail or on
consignment or commission, two per cent of the wholesale value of the
containers of seed or, if the seed is not sold wholesale, two per
cent of the retail value of the containers of seed:

(i)
Vegetable and flower seed sold in containers, other than hermetically
sealed containers, of eight ounces or less;

(ii)
Flower seed sold in hermetically sealed containers that contain fewer
than three hundred seeds;

(iii)
Vegetable seed sold in hermetically sealed containers that contain
fewer than one thousand seeds.

(b)
The fees established pursuant to divisions (B)(3)(a)(ii) and (iii) of
this section apply to both of the following:

(i)
Seed sold in hermetically sealed containers that contain the amount
of seeds specified in division (B)(3)(a)(ii) or (iii) of this
section, as applicable;

(ii)
Seed sold in hermetically sealed containers that do not clearly state
the number of seeds that they contain.

(c)
Except as otherwise provided in division (B)(3)(b)(ii) of this
section, if the weight of seed in a container, or the quantity of
seed in a container, exceeds the applicable weight or quantity
specified in division (B)(3)(a)(i), (ii), or (iii) of this section,
the fee established in division (B)(4) of this section applies.

(4)
For alfalfa, clover, grass, native grass, mixtures containing any of
these, and all agricultural, vegetable, and flower seeds not
specified in divisions (B)(1) to (3) of this section, ten cents per
one hundred pounds.

If
the total amount of the seed fee that is due is less than
five

fifty

dollars,
the person shall pay
the
minimum seed
no

fee
,
which is five dollars
.

(C)
For each failure to report in full the amount of seed sold or to
submit the required seed fees in full by the due date, a person who
holds a valid seed labeler permit shall pay a penalty of ten per cent
of the amount due or fifty dollars, whichever is greater. Failure to
pay either the fee or the penalty within thirty days after the due
date is cause for suspension or revocation by the director of the
seed labeler permit or refusal, without a hearing, to issue a
subsequent seed labeler permit for which the person applies.

(D)
This section does not apply to governmental entities that donate seed
for conservation purposes.

(E)
All money collected under this section shall be credited to the
commercial feed and seed fund created in section 923.46 of the
Revised Code.

Sec.
909.01.
As
used in sections 909.01 to 909.18 of the Revised Code:

(A)
"Person" includes corporations, companies, societies,
associations, partnerships, any individual or combination of
individuals, or any institution, park, or other public agency
administered by the state or by any district, county, municipal
corporation, or other governmental subdivision thereof. When
construing or enforcing such sections, the act, omission, or failure
of any officer, agent, servant, or other individual acting for or
employed by any person as above defined within the scope of
his

the
person's

employment or office is deemed to be the act, omission, or failure of
such person, as well as that of the officer, agent, servant, or other
employee.

(B)
"Bees" means any stage of any species of the genus Apis.

(C)
"Bee diseases" means any infectious or contagious disease
that is pathogenic or parasitic and affects the eggs, or the larval,
pupal, or adult stages, of bees.

(D)
"Apiary" means any place where one or more colonies or
nuclei of bees are kept.

(E)
"Queen rearing apiaries" means any apiary in which
queen
bees
queens

are
reared

raised
or purchased
for
sale
,
trade,

or gift
;
or otherwise distributed or used to create, for sale, trade or gift,
nucs, packages, or colonies
.

(F)
"Hive" means any modern frame hive, box hive, box, barrel,
log gum, skep, or any other natural or artificial receptacle, or any
part thereof, that may be used as a domicile for bees.

(G)
"Equipment" means any used hives or parts thereof, used
frames, used honey houses, used tools, used machines, or used devices
employed in the handling or manipulation of bees, honey, or beeswax,
or any used container for honey or beeswax that may be used in any
apiary.

(H)
"Serious bee diseases" means any bee disease the director
of agriculture determines to be a threat to the beekeeping industry
within the state.

(I)
"Africanized honey bees" means any bees identified by the
United States department of agriculture by approved identification
methods to be classified as Apis mellifera scutellata.

(J)
"Swarm" means a population of bees that is not permanently
established.

(K)
"Colony" means the hive and its equipment, including bees,
combs, and brood.

(L)
"Compliance agreement" means a written agreement between
the department of agriculture and any person engaged in queen rearing
in which the person agrees to comply with stipulated requirements.

(M)
"Nuc" means a small colony of bees in a hive box to which
all of the following applies:

(1)
The hive box contains three to five frames.

(2)
The hive box contains a laying queen bee and the queen's progeny in
egg, larval, pupa, and adult stages.

(3)
The small colony has honey and a viable population sufficient enough
to develop into a full-sized colony.

Sec.
909.02.
Any
person owning or possessing bees shall on or before the first day of
June of each year, or thereafter within
ten

thirty

days
after coming into ownership or possession of bees, or upon moving
bees into this state from outside the state, file with the director
of agriculture an application for registration setting forth the
exact location of
his

the
person's

apiaries and
the
number of colonies of bees in each apiary, together with
such
other information as is required by the director
,
and accompanied by a registration fee of five dollars for each
separate apiary owned or possessed by him at time of registration.
Any person who submits his application after the dates specified by
this section, or after the dates specified in rules adopted by the
director, shall be subject to a ten-dollar late filing fee in
addition to the five-dollar registration fee. Upon acceptance of the
application, the director shall issue to such person a certificate of
registration
.
All
certificates

registrations

issued
in accordance with this section expire on the
following

thirty-first
day of May
next
following date of issuance or renewal,
and
shall be renewed according to the standard renewal procedure of
sections 4745.01 to 4745.03 of the Revised Code.

No
person shall maintain an apiary
located
on premises other than that of his residence
unless

such

the

apiary
is
registered
under this section and
identifiable
by
an
apiary
name
or
identification
number assigned to such person by the director. Such identification
number shall be posted in a conspicuous location in the apiary. The
moving, raising, and production of bees, beeswax, honey, and honey
products shall be deemed an agricultural pursuit.

Sec.
909.07.
The
board of county commissioners may
appropriate
such funds as it deems sufficient for the inspection of apiaries in
its county. It may appoint
appoint,
with the consent and concurrence of the director of agriculture,
a
deputy apiarist

with
the consent and concurrence of the director of agriculture, said
deputy to serve during the pleasure of said board except as specified
in this section
.

Such

Except
as otherwise specified in this section, a deputy serves at the
pleasure of the applicable board of county commissioners. A
deputy

apiarist

shall
be paid
such

a

salary
as the
board
of
county
commissioners
determine
for each day, or for each half day of
determines
for
inspection
work

actually
done, together with such
and
other
expenses
as are necessarily incurred
in
the doing of the
directly
related to
inspection
work. Before the board approves
said

the

salary
and expenses for payment,
such

the

deputy

apiarist

shall
submit the same to the director for
his
approval
review
.

Such

A

deputy

apiarist

shall
work under the direction of the director and shall be responsible
to
him
for
the
enforcement
of sections 909.01 to 909.18, inclusive, of the Revised
Code
inspection
of apiaries in assigned counties prescribed by the department of
agriculture and for the administration and enforcement of this
chapter
.

The

The

director
may terminate the appointment of any deputy
upon
submitting to the board a statement that such deputy has shown
himself to be
apiarist
if there is evidence that the deputy has been unethical, negligent,

incompetent,
inefficient, or untrustworthy in the discharge of
his

official

duties.
Such

A

deputy

apiarist

shall
furnish to the director
such

reports
as are required
and
upon blanks furnished
by

him

the
director
.

A
duplicate of such reports shall be presented to the board each time
that a statement of salary and expense is presented for payment.

Sec.
909.08.
Each
person within the state
engaged
in the rearing of
that
intends to sell, trade, gift, or otherwise distribute
queen
bees

for
sale or gift, before the first day of April of each year
,

packaged
bees, nucs, or colonies
shall
file with the
director

department

of
agriculture a request for the
inspection
of his
certification
of all of the person's queen rearing

apiaries
where
queen bees are reared
for
which certification is requested
.

Each
request shall be accompanied by a certification fee of fifty dollars
or an amount specified in rules adopted by the director of
agriculture.
The
director
shall

may

require
all queen rearing apiaries to be inspected
as
specified in rules adopted by the director
at
least once each year. If the inspection results in the diagnosis of
any serious bee disease
or
pest
or
indicates the presence of Africanized honey bees, the owner thereof
shall not
ship,
sell, or give away any queen
sell,
trade, gift, or otherwise distribute any
bees
until
he
has
the
diagnosed problem has been
controlled
or eradicated
the
disease or bees
to
the satisfaction of the director.

When
such
serious
bee
diseases
or
bees

pests

have
been controlled or eradicated in the queen rearing apiary, or if no
serious bee disease
or
pest
is
diagnosed or Africanized honey bees are found, the director
shall

may

issue

a

an
official
certificate
,
signed by the state apiarist, a copy of which
.
A copy of the certificate
shall
be
attached
to each package or shipment of
included
with each

queen

bees
mailed or shipped
,
nuc, or colony provided by the producer
.
The certificate shall
be
valid for, but not to exceed, one year
expire
on the thirty-first day of May of the following year and may be
renewed annually
.
The use of tags or other devices bearing an invalid or altered
certificate and the misuse of any valid certificate is prohibited.

Sec.
909.09.
No
person shall sell, offer for sale, give,
offer
to give, barter, or offer to barter
trade,
or otherwise distribute
any
bees, honeycombs, or used beekeeping equipment
without
a permit from the director of agriculture
that
contains a serious bee disease or pest
.

Upon
request, the state or a deputy apiarist may issue a transfer permit
if, upon inspection, the item is determined to be apparently free
from serious bee diseases and pests.
The
permit, or a copy of it,
shall

may

accompany
any such transfer of ownership. The director may refuse to issue the
permit until
he
finds
it
is found
by
inspection that any
africanized
honey bees are eradicated from and any
serious
bee diseases
and
pests
are
controlled or eradicated from the bees, honeycombs, or used
beekeeping equipment.

This
section does not apply to the transfer of ownership of honeycomb for
human consumption.

Sec.
909.13.
The
director of agriculture, in accordance with sections 119.01 to
119.13
,
inclusive,

of the Revised Code, may
suspend
or
revoke
any
registration,

certificate
,

or permit issued under
sections
909.01 to 909.18, inclusive, of the Revised Code
this
chapter
,

or
a compliance agreement entered into under this chapter,

for cause, including any violation of
such
sections
this
chapter
or
nonconformity with any rule or order promulgated under
such
sections in accordance with sections 119.01 to 119.13, inclusive, of
the Revised Code
this
chapter
.
There shall be no revocation of a
compliance
agreement, registration,
certificate
,

or permit until the
compliance
agreement holder, registrant, or
certificate
or permit holder first is given an opportunity for a hearing by the
director in regard thereto in accordance with sections 119.01 to
119.13
,
inclusive,

of the Revised Code. An appeal may be taken from the action of the
director in revocation of a
compliance
agreement, registration,
certificate
,

or permit to the court of common pleas as provided in section 119.12
of the Revised Code.

Sec.
911.02.
Each
person, firm, partnership, or corporation that owns or operates a
bakery shall register each bakery that it owns or operates with the
director of agriculture. For the registration, the owner or operator
of each bakery shall pay an annual fee of
thirty
dollars for a production capacity of one thousand pounds of bakery
product per hour or less and an annual fee of thirty dollars for each
one thousand pounds of bakery product per hour capacity, or part
thereof, in excess of one thousand pounds of bakery product per
hour
two
hundred dollars
.

Any
person who owns or operates a home bakery with only one oven, in a
stove of ordinary home kitchen design and located in a home, used for
the baking of baked goods to be sold, shall pay a sum of ten dollars
annually for registration regardless of the capacity of the home
bakery oven. The registration shall be renewed annually by the
thirtieth day of September and shall be renewed according to the
standard renewal procedure of Chapter 4745. of the Revised Code. The
registration of the bakery shall show the location, including
municipal corporation, street, and number, the name of the owner, and
the name of the operator. The application for registration shall be
made on a form prescribed and provided by the director. All moneys
received from registration fees and fines collected under sections
911.01 to 911.20 of the Revised Code shall be deposited with the
treasurer of state to the credit of the food safety fund created in
section 915.24 of the Revised Code. All annual renewal registration
fees required by this section shall be paid by the applicant for the
renewal to the treasurer of state for deposit into the food safety
fund.

No
bakery product that is manufactured in an out-of-state bakery shall
be sold or offered for sale within this state unless the bakery is in
compliance with sections 911.01 to 911.20 of the Revised Code, and is
registered, having paid the annual registration fee.

Registration
of out-of-state bakeries is not required if a reciprocal agreement is
in effect whereby a bakery located in this state is not subject to a
license or registration fee by the receiving state or a political
subdivision thereof.

Sec.
913.23.
(A)
The director of agriculture may issue licenses as required by
sections 913.22 to 913.28 of the Revised Code, may make the
inspections and registrations required by those sections, and may
prescribe the form of application to be filed under this section.

(B)
No person shall manufacture or bottle for sale within this state any
soft drink in closed containers unless the person has a license
issued by the director. Upon receipt of an application for such a
license, the director shall examine the products and the place of
manufacture where the business is to be conducted, to determine
whether the products and place comply with sections 913.22 to 913.28
of the Revised Code. Upon finding there is compliance, and upon
payment of a license fee of two hundred dollars, the director shall
issue a license authorizing the applicant to manufacture or bottle
for sale such soft drinks, subject to sections 913.22 to 913.28 of
the Revised Code. The license shall expire on the last day of March
of each year unless renewed.

(C)
No soft drink that is manufactured or bottled out of the state shall
be sold or offered for sale within this state unless the soft drink
and the plant in which the soft drink is manufactured or bottled are
found by the director to comply with sections 913.22 to 913.28 of the
Revised Code, and are registered by the director, which shall be upon
a like application as provided in division (B) of this section.

An
annual registration fee of two hundred dollars shall be paid to the
director by each applicant under this division. The registration
shall be renewed annually, and the registration fee paid with the
application for annual renewal.

Registration
of out-of-state soft drink manufacturers or bottlers or syrup and
extract manufacturers is not required if a reciprocal agreement is in
effect whereby a soft drink manufacturer or bottler or syrup and
extract manufacturer located in this state is not subject to a
license or registration fee by another state or a political
subdivision thereof.

(D)

No
person, other than a manufacturer or bottler holding a soft drink
plant license under this section, shall sell, offer for sale, use, or
have in the person's possession with intent to sell, any soda water
syrup or extract or soft drink syrup, to be used in making, drawing,
or dispensing soda water or other soft drinks, without first
registering the person's name and address, the name and address of
the manufacturer of the syrup or extract, the number and variety of
such syrups or extracts intended to be sold, and the trade name or
brand of those products, with the director, together with such
samples of the syrups or extracts as the director requests for
analysis. The person also shall pay to the department of agriculture
at the time of making registration a license fee of one hundred
dollars. No license shall be granted by the director unless the
director determines that the syrup or extract is free from all
harmful drugs and other ingredients that, as used, may be injurious
to health. The registration shall be renewed annually upon like
terms. If any manufacturer, bottler, agent, or seller is licensed or
has registered the manufacturer's, bottler's, agent's, or seller's
name and product as required by this section and has paid the
manufacturer's, bottler's, agent's, or seller's fee, the
manufacturer's, bottler's, agent's, or seller's distributor, retail
agent, or retail seller using the products shall not be required to
pay that fee. This section does not apply to local sellers of soft
drinks as to syrups and extracts made by themselves for their own use
exclusively.

(E)

All
moneys received under sections 913.22 to 913.28 of the Revised Code
shall be deposited with the treasurer of state to the credit of the
food safety fund created in section 915.24 of the Revised Code.

(F)
(E)

The director may revoke any license or registration issued under
sections 913.22 to 913.28 of the Revised Code, whenever the director
determines that those sections have been violated. When a license has
been revoked, the licensee shall discontinue the manufacture and sale
of soft drinks or other products for which the license was issued.
When a registration has been revoked, the registrant shall
discontinue the sale within this state of the registrant's products
until those sections have been complied with and a new license or
registration has been issued. The director may suspend any such
license or registration temporarily, pending compliance with such
conditions required by those sections as the director prescribes.

Sec.
915.16.
The
license fee for an establishment is
fifty

two
hundred
dollars.
Any operator operating in connection with a cold-storage warehouse
holding a license under section 915.02 of the Revised Code is not
required to secure an additional license under section 915.15 of the
Revised Code so long as the operator continues to be licensed as a
cold-storage warehouse; but the operator shall comply with sections
915.14 to 915.24 of the Revised Code, and all rules and regulations
promulgated thereunder. The license issued shall be in such form as
the department of agriculture prescribes. Licenses shall be valid
until the last day of November following initial issuance or renewal
and shall become invalid on that date unless renewed. The original
license or a certified copy thereof shall be conspicuously displayed
by the operator in the establishment.

Sec.
915.24.
(A)
There is hereby created in the state treasury the food safety fund.
All of the following moneys shall be credited to the fund:

(1)
Bakery registration fees and fines received under sections 911.02 to
911.20 of the Revised Code;

(2)
Cannery license fees and renewal fees received under sections 913.01
to 913.05 of the Revised Code;

(3)
Moneys received under sections 913.22 to 913.28 of the Revised Code;

(4)
License fees, fines, and penalties recovered for the violation of
sections 915.01 to 915.12 of the Revised Code;

(5)
License fees collected under sections 915.14 to 915.23 of the Revised
Code;

(6)
License fees, other fees, and fines collected by or for the director
of agriculture under Chapter 3717. of the Revised Code;

(7)
Fees collected under section 3715.04 of the Revised Code for the
issuance of certificates of health and freesale;

(8)
Registration fees and other fees collected by the director of
agriculture under section 3715.041 of the Revised Code
;

(9)
Money received from contracts or cooperative agreements with any
agency of the United States government, or any other public or
private agency or organization, for either of the following:

(a)
The performance of the prescribed duties of the department of
agriculture under this chapter and Chapters 911., 913., 925., 3715.,
and 3717. of the Revised Code;

(b)
Accomplishing cooperative projects within the scope of such duties
.

(B)
The director of agriculture shall use the moneys deposited into the
food safety fund to administer and enforce the laws pursuant to which
the moneys were collected.

Sec.
921.01.
As
used in this chapter:

(A)
"Active ingredient" means any ingredient that will prevent,
destroy, kill, repel, control, or mitigate any pest, or that will act
as a plant regulator, defoliant, or desiccant.

(B)
"Adulterated" shall apply to any pesticide if its strength
or purity is less than or greater than the professed standard or
quality as expressed on its labeling or under which it is sold, if
any substance has been substituted wholly or in part for the
pesticide, or if any valuable constituent of the pesticide has been
wholly or in part abstracted.

(C)
"Agricultural commodity" means any plant or part thereof or
animal or animal product, produced for commercial use by a person,
including farmers, ranchers, vineyardists, plant propagators,
Christmas tree growers, aquaculturists, floriculturists, orchardists,
foresters, or other comparable persons, primarily for the sale,
consumption, propagation, or other use, by humans or animals.

(D)
"Aircraft" means any device used or designed for navigation
or flight in the air, except a parachute or other device used
primarily as safety equipment.

(E)
"Animal" means all vertebrate and invertebrate species,
including, but not limited to, humans and other mammals, birds, fish,
and shellfish.

(F)
"Authorized diagnostic inspection" means a diagnostic
inspection conducted by a commercial applicator in the pesticide-use
category in which the commercial applicator is licensed under this
chapter.

(G)
"Beneficial insects" means those insects that, during their
life cycle, are effective pollinators of plants, are parasites or
predators of pests, or are otherwise beneficial.

(H)
"Brand" means any word, name, symbol, device, or
combination thereof, that serves to distinguish the pesticide
manufactured or distributed by one person from that manufactured or
distributed by any other person.

(I)
"Pesticide applicator" means a commercial applicator or a
private applicator.

(J)
"Private applicator" means an individual who is licensed
under section 921.11 of the Revised Code.

(K)
"Commercial applicator" means an individual who is licensed
under section 921.06 of the Revised Code to apply pesticides or to
conduct authorized diagnostic inspections.

(L)
"Competent" means properly qualified as evidenced by
passing the general examination and each applicable pesticide-use
category examination for the pesticide-use categories in which a
person applies pesticides and, in the case of a person who is a
commercial applicator, conducts diagnostic inspections and by meeting
any other criteria established by rule.

(M)
"Federal act" means the "Federal Insecticide,
Fungicide and Rodenticide Act," 61 Stat. 163 (1947), 7 U.S.C.A.
136, as amended.

(N)
"Defoliant" means any substance or mixture of substances
intended for causing the leaves or foliage to drop from a plant, with
or without causing abscission.

(O)
"Desiccant" means any substance or mixture of substances
intended for artificially accelerating the drying of plant tissue.

(P)
"Device" means any instrument or contrivance, other than a
firearm, that is intended for trapping, destroying, repelling, or
mitigating any pest or any other form of plant or animal life, other
than human beings and other than bacteria, virus, or other
microorganism on or in living human beings or other living animals.
"Device" does not include equipment used for the
application of pesticides when sold separately therefrom.

(Q)
"Direct supervision" means

either
of the following, as applicable:

(1)
Unless
,
unless
otherwise
prescribed by its labeling, a
general
use
pesticide
is considered to be applied under the direct supervision of a
commercial applicator, if it is applied by a trained serviceperson
acting under the instructions and control of a commercial applicator.

(2)
Unless otherwise prescribed by its labeling, a restricted use
pesticide is considered to be applied under the direct supervision of
a private applicator, if it is applied by an immediate family member
or a subordinate employee of that private applicator acting under the
instructions and control of the private applicator, who is
responsible for the actions of that immediate family member or
subordinate employee and who is available when needed, even though
the private applicator is not physically present at the time and
place the restricted use pesticide application is occurring.

(R)
"Directly supervise" means providing direct supervision
under division
(Q)(1)
or (2) or both of those divisions
(Q)

of
this section
,
as applicable
.

(S)
"Distribute" means to offer or hold for sale, sell, barter,
ship, deliver for shipment, or receive and, having so received, to
deliver or offer to deliver, pesticides in this state. "Distribute"
does not mean to hold for use, apply, or use pesticides or dilutions
of pesticides, except when a pesticide dealer holds for use, applies,
or uses pesticides or dilutions of pesticides in the course of
business with a commercial applicator who is employed by that
pesticide dealer.

(T)
"Environment" includes water, air, land, and all plants and
human beings and other animals living therein, and the
interrelationships that exist among them.

(U)
"Fungus" means any nonchlorophyll-bearing thallophyte,
which is any nonchlorophyll-bearing plant of a lower order than
mosses and liverworts, as for example, rust, smut, mildew, mold,
yeast, and bacteria, except those on or in living human beings or
other animals, or processed food, beverages, or pharmaceuticals.

(V)
"General use pesticide" means a pesticide that is
classified for general use under the federal act.

(W)
"Ground equipment" means any device, other than aircraft,
used on land or water to apply pesticides in any form.

(X)

"Immediate
family" means a person's spouse residing in the person's
household, brothers and sisters of the whole or of the half blood,
children, including adopted children, parents, and grandparents.

(Y)

"Incidental
use" or "incidentally use" means the application of a
general use pesticide on an occasional, isolated, site-specific basis
in order to avoid immediate personal harm. "Incidental use"
or "incidentally use" does not mean regular, routine, or
maintenance application of a general use pesticide.

(Z)
(Y)

"Inert ingredient" means an ingredient that is not active.

(AA)
(Z)

"Ingredient statement" means a statement of the name and
percentage of each active ingredient, together with the total
percentage of inert ingredients. When the pesticide contains arsenic
in any form, the ingredient statement shall include percentages of
total and water soluble arsenic, each calculated as elemental
arsenic.

(BB)
(AA)

"Insect" means any of the numerous small invertebrate
animals generally having the body more or less obviously segmented,
for the most part belonging to the class insecta, including, but not
limited to, beetles, bugs, bees, and flies, and to other allied
classes of arthropods, including, but not limited to, spiders, mites,
ticks, centipedes, and wood lice.

(CC)
(BB)

"Integrated pest management" means a sustainable approach
to managing pests by combining biological, cultural, physical, and
chemical tools in a way that minimizes economic, health, and
environmental risks.

(DD)
(CC)

"Label" means the written, printed, or graphic matter on,
or attached to the pesticide or device, or any of its containers or
wrappers.

(EE)
(DD)

"Labeling" means all labels and other written, printed, or
graphic matter:

(1)
Accompanying the pesticide product or device at any time;

(2)
To which reference is made on the label or in literature accompanying
the pesticide product or device, except when accurate, nonmisleading
reference is made to current official publications of the United
States environmental protection agency, the United States department
of agriculture or interior, the United States department of health
and human services, state experiment stations, state agricultural
colleges, or other similar federal or state institutions or official
agencies, authorized by law to conduct research in the field of
pesticides;

(3)
Including all brochures, technical and sales bulletins, and all
advertising material.

(FF)
(EE)

"Licensure" includes certification as used in the federal
act.

(GG)
(FF)

"Misbranded" applies, if the conditions of either division

(GG)(1)
(FF)(1)

or (2) of this section are satisfied as follows:

(1)
To any pesticide or device, if at least one of the following occurs:

(a)
Its labeling bears any statement, design, or graphic representation
relative thereto or to its ingredients that is false or misleading in
any particular.

(b)
It is an imitation of or is distributed under the name of another
pesticide or device.

(c)
Any word, statement, or other information required to appear on the
label or labeling is not prominently placed thereon with such
conspicuousness, as compared with other words, statements, designs,
or graphic matter in the labeling, and in such terms as to render it
likely to be read and understood by the ordinary individual under
customary conditions of purchase and use.

(2)
To any pesticide, if at least one of the following occurs:

(a)
The labeling of a restricted use pesticide does not contain a
statement that it is a restricted use pesticide.

(b)
The labeling accompanying it does not contain directions for use that
are necessary for effecting the purpose for which the pesticide is
intended and, if complied with, together with any requirements
imposed by the federal act, that are adequate to protect the
environment.

(c)
The label does not bear all of the following:

(i)
The name, brand, or trademark under which the pesticide is
distributed;

(ii)
An ingredient statement on the part of the immediate container and on
the outside container and wrapper of the retail package, if any,
through which the ingredient statement on the immediate container
cannot be clearly read, which is presented or displayed under
customary conditions of purchase, provided that the ingredient
statement may appear prominently on another part of the container as
permitted by the amended federal act or by the director;

(iii)
A warning or caution statement that may be necessary and that, if
complied with together with any requirement imposed under the federal
act, would be adequate to protect the environment;

(iv)
The net weight or measure of the contents, subject to such reasonable
variations as the administrator of the United States environmental
protection agency or the director of agriculture may permit;

(v)
The name and address of the manufacturer, registrant, or person for
whom manufactured;

(vi)
The United States environmental protection agency registration number
assigned to each establishment in which the pesticide was produced
and the agency registration number assigned to it, as required by
regulations under the federal act.

(d)
The pesticide contains any substance or substances in quantities
highly toxic to human beings unless the label bears, in addition to
other label requirements, all of the following:

(i)
The skull and crossbones;

(ii)
The word "poison" in red prominently displayed on a
background of distinctly contrasting color;

(iii)
A statement of an antidote or a practical or emergency medical
treatment, first aid or otherwise, in case of poisoning by the
pesticide.

(e)
It is contained in a package or other container or wrapping that does
not conform to the standard established by the administrator of the
United States environmental protection agency.

(HH)
(GG)

"Nematodes" means invertebrate animals of the phylum
nemathelminthes and class nematoda, which are unsegmented, round
worms with elongated, fusiform, or sac-like bodies covered with
cuticle, and that inhabit soil, water, plants, or plant parts and
also may be called nema or eel-worms.

(II)
(HH)

"Pest" means a harmful, destructive, or nuisance insect,
fungus, rodent, nematode, bacterium, bird, snail, weed, or parasitic
plant or a harmful or destructive form of plant or animal life or
virus, or any plant or animal species that the director declares to
be a pest, except viruses, bacteria, or other microorganisms on or in
living animals, including human beings.

(JJ)
(II)

"Pesticide" means any substance or mixture of substances
intended for either of the following:

(1)
Preventing, destroying, repelling, or mitigating any pest;

(2)
Use as a plant regulator, defoliant, or desiccant.

"Pesticide"
includes a pest monitoring system designated by rule.

(KK)
(JJ)

"Pesticide dealer" means any person who distributes
restricted use pesticides or pesticides whose uses or distribution
are further restricted by the director to the ultimate user or to a
commercial applicator who is employed by that pesticide dealer.

(LL)
(KK)

"Pesticide business" means a person who performs pesticide
business activities.

(MM)
(LL)

"Pesticide business activities" means any of the following:

(1)
The application of pesticides to the property of another for hire;

(2)
The solicitation to apply pesticides;

(3)
The conducting of authorized diagnostic inspections.

(NN)
"Pesticide business registered location" means a location
at which pesticide business activities are conducted and that is
registered through the issuance of a license to a pesticide business
under section 921.09 of the Revised Code.

(OO)
(MM)

"Pesticide-use category" means a specialized field of
pesticide application or of diagnostic inspection as defined by rule.

(PP)
(NN)

"Plant regulator" means any substance or mixture of
substances, intended, through physiological action, for accelerating
or retarding the growth or rate of maturation, or for otherwise
altering the behavior of plants or the produce thereof, but does not
include substances to the extent that they are intended as plant
nutrients, trace elements, nutritional chemicals, plant inoculants,
or soil amendments.

(QQ)
(OO)

"Product name" means a coined or specific designation
applied to an individual pesticide of a fixed combination and
derivation.

(RR)
(PP)

"Registrant" means a person who has registered a pesticide
under this chapter.

(SS)
(QQ)

"Restricted use pesticide" means any pesticide or pesticide
use classified by the administrator of the United States
environmental protection agency for use only by a pesticide
applicator

or
by an individual working under the direct supervision of a pesticide
applicator
.

(TT)
(RR)

"Rule" means a rule adopted under section 921.16 of the
Revised Code.

(UU)
(SS)

"Sell or sale" means exchange of ownership or transfer of
custody.

(VV)
(TT)

"State restricted use pesticide" means any pesticide or
pesticides classified by the director subsequent to a hearing held in
accordance with Chapter 119. of the Revised Code for use only by
pesticide applicators

or
individuals working under their direct supervision
.

(WW)
(UU)

"Unreasonable adverse effects on the environment" means any
unreasonable risk to human beings or the environment taking into
account the economic, social, and environmental benefits and costs of
the use of any pesticide.

(XX)
(VV)

"Trained serviceperson" means an employee of a pesticide
business, other business, agency of the United States government,
state agency, or political subdivision who has been trained to apply

general
use
pesticides
while under the direct supervision of a commercial applicator.

(YY)
(WW)

"Weed" means any plant that grows where not wanted.

(ZZ)
(XX)

"Wildlife" means all living things that are neither human,
domesticated, or pests, including, but not limited to, mammals,
birds, and aquatic life.

(AAA)
(YY)

"Trade secret" and "confidential business information"
mean any formula, plan, pattern, process, tool, mechanism, compound,
procedure, production date, or compilation of information that is not
patented, that is known only to certain individuals within a
commercial concern, and that gives its user an opportunity to obtain
a business advantage over competitors who do not know or use it.

Sec.
921.02.
(A)
No person shall distribute a pesticide within this state unless the
pesticide is registered with the director of agriculture under this
chapter. Registrations shall be issued for a period of time
established by rule and shall be renewed in accordance with deadlines
established by rule. Registration is not required if a pesticide is
shipped from one plant or warehouse to another plant or warehouse
operated by the same person and used solely at that plant or
warehouse as a constituent part to make a pesticide that is
registered under this chapter, or if the pesticide is distributed
under the provisions of an experimental use permit issued under
section 921.03 of the Revised Code or an experimental use permit
issued by the United States environmental protection agency.

(B)
The applicant for registration of a pesticide shall file a statement
with the director on a form provided by the director, which shall
include all of the following:

(1)
The name and address of the applicant and the name and address of the
person whose name will appear on the label, if other than the
applicant's name;

(2)
The brand and product name of the pesticide;

(3)
Any necessary information required for completion of the department
of agriculture's application for registration, including the agency
registration number;

(4)
A complete copy of the labeling accompanying the pesticide and a
statement of all claims to be made for it, including the directions
for use and the use classification as provided for in the federal
act.

(C)
The director, when the director considers it necessary in the
administration of this chapter, may require the submission of the
complete formula of any pesticide including the active and inert
ingredients.

(D)
The director may require a full description of the tests made and the
results thereof upon which the claims are based for any pesticide.
The director shall not consider any data submitted in support of an
application, without permission of the applicant, in support of any
other application for registration unless the other applicant first
has offered to pay reasonable compensation for producing the test
data to be relied upon and the data are not protected from disclosure
by section 921.04 of the Revised Code. In the case of a renewal of
registration, a statement shall be required only with respect to
information that is different from that furnished when the pesticide
was registered or last registered.

(E)
The director may require any other information to be submitted with
an application.

Any
applicant may designate any portion of the required registration
information as a trade secret or confidential business information.
Upon receipt of any required registration information designated as a
trade secret or confidential business information, the director shall
consider the designated information as confidential and shall not
reveal or cause to be revealed any such designated information
without the consent of the applicants, except to persons directly
involved in the registration process described in this section or as
required by law.

(F)

Beginning
January 1, 2007, each
Each

applicant
shall pay a
nonrefundable

registration
and inspection fee of
one

two

hundred
fifty dollars for each product name and brand registered for the
company whose name appears on the label. If an applicant files for a
renewal of registration after the deadline established by rule, the
applicant shall pay a penalty fee of
seventy-five

one
hundred twenty-five
dollars
for each product name and brand registered for the applicant. The
penalty fee shall be added to the original fee and paid before the
renewal registration is issued. In addition to any other remedy
available under this chapter, if a pesticide that is not registered
pursuant to this section is distributed within this state, the person
required to register the pesticide shall do so and shall pay a
penalty fee of
seventy-five

one
hundred twenty-five
dollars
for each product name and brand registered for the applicant. The
penalty fee shall be added to the original fee of
one

two

hundred
fifty dollars and paid before the registration is issued.

(G)
Provided that the state is authorized by the administrator of the
United States environmental protection agency to register pesticides
to meet special local needs, the director shall require the
information set forth under divisions (B), (C), (D), and (E) of this
section and shall register any such pesticide after determining that
all of the following conditions are met:

(1)
Its composition is such as to warrant the proposed claims for it.

(2)
Its labeling and other material required to be submitted comply with
the requirements of the federal act and of this chapter, and rules
adopted thereunder.

(3)
It will perform its intended function without unreasonable adverse
effects on the environment.

(4)
When used in accordance with widespread and commonly recognized
practice, it will not generally cause unreasonable adverse effects on
the environment.

(5)
The classification for general or restricted use is in conformity
with the federal act.

The
director shall not make any lack of essentiality a criterion for
denying the registration of any pesticide. When two pesticides meet
the requirements of division (G) of this section, the director shall
not register one in preference to the other.

(H)(1)
The director may refuse to register a pesticide if the application
for registration fails to comply with this section.

(2)
The director may suspend or revoke a pesticide registration after a
hearing in accordance with Chapter 119. of the Revised Code for a
pesticide that fails to meet the claims made for it on its label.

(3)
The director may immediately suspend a pesticide registration, prior
to a hearing, when the director believes that the pesticide poses an
immediate hazard to human or animal health or a hazard to the
environment. Not later than fifteen days after suspending the
registration, the director shall determine whether the pesticide
poses such a hazard. If the director determines that no hazard
exists, the director shall lift the suspension of the registration.
If the director determines that a hazard exists, the director shall
revoke the registration in accordance with Chapter 119. of the
Revised Code.

(I)
All money collected under this section shall be credited to the
pesticide, fertilizer, and lime program fund created in section
921.22 of the Revised Code.

Sec.
921.06.
(A)(1)
No individual shall do any of the following without having a
commercial applicator license issued by the director of agriculture:

(a)
Apply pesticides for a pesticide business without direct supervision;

(b)
Apply pesticides as part of the individual's duties while acting as
an employee of the United States government, a state, county,
township, or municipal corporation, or a park district, port
authority, or sanitary district created under Chapter 1545., 4582.,
or 6115. of the Revised Code, respectively;

(c)
Apply restricted use pesticides. Division (A)(1)(c) of this section
does not apply to a private applicator

or
an immediate family member or a subordinate employee of a private
applicator who is acting under the direct supervision of that private
applicator
.

(d)
If the individual is the owner of a business other than a pesticide
business or an employee of such an owner, apply pesticides at any of
the following publicly accessible sites that are located on the
property:

(i)
Food service operations that are licensed under Chapter 3717. of the
Revised Code;

(ii)
Retail food establishments that are licensed under Chapter 3717. of
the Revised Code;

(iii)
Golf courses;

(iv)
Rental properties of more than four apartment units at one location;

(v)
Hospitals or medical facilities as defined in section 3701.01 of the
Revised Code;

(vi)
Child care centers or licensed school child programs as defined in
section 5104.01 of the Revised Code;

(vii)
Facilities owned or operated by a school district established under
Chapter 3311. of the Revised Code, including an educational service
center, a community school established under Chapter 3314. of the
Revised Code, or a chartered or nonchartered nonpublic school that
meets minimum standards established by the director of education and
workforce;

(viii)
State institutions of higher education as defined in section 3345.011
of the Revised Code, nonprofit institutions holding a certificate of
authorization pursuant to Chapter 1713. of the Revised Code,
institutions holding a certificate of registration from the state
board of career colleges and schools and program authorization for an
associate or bachelor's degree program issued under section 3332.05
of the Revised Code, and private institutions exempt from regulation
under Chapter 3332. of the Revised Code as prescribed in section
3333.046 of the Revised Code;

(ix)
Food processing establishments as defined in section 3715.021 of the
Revised Code;

(x)
Any other site designated by rule.

(e)
Conduct authorized diagnostic inspections.

(2)
Divisions (A)(1)(a) to (d) of this section do not apply to an
individual who is acting as a trained serviceperson under the direct
supervision of a commercial applicator.

(3)
Licenses shall be issued for a period of time established by rule and
shall be renewed in accordance with deadlines established by rule.
The fee for each such license shall be established by rule. If a
license is not issued or renewed, the application fee shall be
retained by the state as payment for the reasonable expense of
processing the application. The director shall by rule classify by
pesticide-use category licenses to be issued under this section. A
single license may include more than one pesticide-use category. No
individual shall be required to pay an additional license fee if the
individual is licensed for more than one category.

The
fee for each license or renewal does not apply to an applicant who is
an employee of the department of agriculture whose job duties require
licensure as a commercial applicator as a condition of employment.

(B)
Application for a commercial applicator license shall be made on a
form prescribed by the director. Each application for a license shall
state the pesticide-use category or categories of license for which
the applicant is applying and other information that the director
determines essential to the administration of this chapter.

(C)(1)
Except as provided in division (C)(2) of this section, if the
director finds that the applicant is competent to apply pesticides
and conduct diagnostic inspections and that the applicant has passed
both the general examination and each applicable pesticide-use
category examination as required under division (A) of section 921.12
of the Revised Code, the director shall issue a commercial applicator
license limited to the pesticide-use category or categories for which
the applicant is found to be competent. If the director rejects an
application, the director may explain why the application was
rejected, describe the additional requirements necessary for the
applicant to obtain a license, and return the application. The
applicant may resubmit the application without payment of any
additional fee.

(2)
The director shall issue a commercial applicator license in
accordance with Chapter 4796. of the Revised Code to an individual if
either of the following applies:

(a)
The individual holds a commercial applicator license in another
state.

(b)
The individual has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a commercial applicator in a state that does not issue
that license.

A
license issued under this division shall be limited to the
pesticide-use category or categories for which the applicant is
licensed in another state or has satisfactory work experience, a
government certification, or a private certification in that state.

(D)(1)
A person who is a commercial applicator shall be deemed to hold a
private applicator's license for purposes of applying pesticides on
agricultural commodities that are produced by the commercial
applicator.

(2)
A commercial applicator shall apply pesticides only in the
pesticide-use category or categories in which the applicator is
licensed under this chapter.

(E)
All money collected under this section shall be credited to the
pesticide, fertilizer, and lime program fund created in section
921.22 of the Revised Code.

Sec.
921.09.
(A)(1)
No person shall own or operate a pesticide business without obtaining
a license from the director of agriculture. Licenses shall be issued
for a period of time established by rule and shall be renewed in
accordance with deadlines established by rule.

(2)
A person applying for a pesticide business license shall
register

obtain
a license for
each
location that is owned by the person and used for the purpose of
engaging in the pesticide business.

(B)
Any person who owns or operates a pesticide business outside of this
state, but engages in the business of applying pesticides to
properties of another for hire in this state, shall obtain a license
for the person's principal out-of-state location from the director.
In addition, the person shall
register

obtain
a license for
each
location that is owned by the person in this state and used for the
purpose of engaging in the pesticide business.

(C)(1)
The person applying for a pesticide business license shall file a
statement with the director, on a form provided by the director, that
shall include all of the following:

(a)
The address of the principal place of business of the pesticide
business;

(b)
The address of each location
that

concerning
which
the
person intends to
register

obtain
a license
under
division (A)(2) or (B) of this section;

(c)
Any other information that the director determines necessary and that
the director requires by rule.

(2)
Each applicant shall pay a license fee established by rule for the

pesticide

principal
place of
business
plus an additional fee established by rule for each pesticide
business
registered

location
specified in the application. The license may be renewed upon payment
of a renewal fee
for
the principal place of business
established
by rule plus an additional fee established by rule for each pesticide
business
registered

location.
A copy of the license shall be maintained and conspicuously displayed
at each
such

pesticide
business
location.

(3)
The issuance of a pesticide business license constitutes
registration

licensure

of
any pesticide business location identified in the application under
division (C)(1) of this section.

(4)
The owner or operator of a pesticide business shall notify the
director not later than fifteen days after any change occurs in the
information required under division (C)(1)(a) or (b) of this section.

(D)
The owner or operator of a pesticide business shall employ at least
one commercial applicator for each pesticide business
registered

location
the owner or operator owns or operates.

(E)
The owner or operator of a pesticide business is responsible for the
acts of each employee in the handling, application, and use of
pesticides and in the conducting of diagnostic inspections. The
pesticide business license is subject to denial, modification,
suspension, or revocation after a hearing for any violation of this
chapter or any rule adopted or order issued under it. The director
may levy against the owner or operator any civil penalties authorized
by division (B) of section 921.16 of the Revised Code for any
violation of this chapter or any rule adopted or order issued under
it that is committed by the owner or operator or by the owner's or
operator's officer, employee, or agent.

(F)
The director may modify a license issued under this section by one of
the following methods:

(1)
Revoking a licensee's authority to operate out of a particular
pesticide business
registered

location
listed under division (C)(1)(b) of this section;

(2)
Preventing a licensee from operating within a specific pesticide-use
category.

(G)
The director may deny a pesticide business license to any person
whose pesticide business license has been revoked within the previous
thirty-six months.

(H)
Each pesticide business
registered

location
that is owned by a pesticide business is subject to inspection by the
director.

(I)
All money collected under this section shall be credited to the
pesticide, fertilizer, and lime program fund created in section
921.22 of the Revised Code.

Sec.
921.11.
(A)(1)
(A)
As used in this section, "use" means any of the following:

(1)
Performing pre-application activities involving mixing and loading
the pesticide;

(2)
Applying the pesticide by a commercial applicator or private
applicator;

(3)
Performing other pesticide-related activities, including transporting
or storing pesticide containers that have been opened, cleaning
equipment, and disposing of excess pesticides, spray mix, equipment
wash waters, pesticide containers, and other pesticide-containing
materials.

(B)

No individual shall
apply

use

restricted
use pesticides unless the individual is one of the following:

(a)
(1)

Licensed under section 921.06 of the Revised Code;

(b)
(2)

Licensed under division

(B)
(C)

of this section
;

(c)
A trained serviceperson who is acting under the direct supervision of
a commercial applicator;

(d)
An immediate family member or a subordinate employee of a private
applicator who is acting under the direct supervision of that private
applicator.

(2)
No individual shall directly supervise the application of a
restricted use pesticide unless the individual is one of the
following:

(a)
Licensed under section 921.06 of the Revised Code;

(b)
Licensed under division (B) of this section
.

(B)(1)
(C)(1)

Subject to division
(B)(2)
(C)(2)

of this section, the director of agriculture shall adopt rules to
establish standards and procedures for the licensure of private
applicators. An individual shall apply for a private applicator
license to the director, on forms prescribed by the director. The
individual shall include in the application the pesticide-use
category or categories of the license for which the individual is
applying and any other information that the director determines is
essential to the administration of this chapter. The fee for each
license shall be established by rule. Licenses shall be issued for a
period of time established by rule and shall be renewed in accordance
with deadlines established by rule. If a license is not issued or
renewed, the state shall retain any fee submitted as payment for
reasonable expenses of processing the application.

(2)
The director shall issue a private applicator license in accordance
with Chapter 4796. of the Revised Code to an individual if either of
the following applies:

(a)
The individual holds a private applicator license in another state.

(b)
The individual has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a private applicator in a state that does not issue that
license.

A
license issued under this division shall be limited to the
pesticide-use category or categories for which the applicant is
licensed in another state or has satisfactory work experience, a
government certification, or a private certification in that state.

(C)
(D)

An individual who is licensed under this section shall use
or
directly supervise the use of
a
restricted use pesticide only for the purpose of producing
agricultural commodities on property that is owned or rented by the
individual or the individual's employer.

(D)
(E)

All money collected under this section shall be credited to the
pesticide, fertilizer, and lime program fund created in section
921.22 of the Revised Code.

Sec.
921.12.
(A)
(A)(1)

The director of agriculture shall require each applicant for a
license by examination under section 921.06 or 921.11 of the Revised
Code to be examined on the applicant's knowledge and competency in
each of the following:

(1)
(a)

This chapter and rules adopted under it;

(2)
(b)

The proper use, handling, and application of pesticides and, if the
applicant is applying for a license under section 921.06 of the
Revised Code, in the conducting of diagnostic inspections in the
pesticide-use categories for which the applicant has applied.

(2)
An applicant shall pay an examination fee of thirty dollars.

(B)
Each application for renewal of a license provided for in section
921.06 of the Revised Code shall be filed prior to the deadline
established by rule. If filed after the deadline, a penalty of fifty
per cent shall be assessed and added to the original fee and shall be
paid by the applicant before the renewal license is issued. However,
if a license issued under section 921.06 or 921.11 of the Revised
Code is not renewed within one hundred eighty days after the date of
expiration, the licensee shall be required to take another
examination on this chapter and rules adopted under it and on the
proper use, handling, and application of pesticides and, if
applicable, the proper conducting of diagnostic inspections in the
pesticide-use categories for which the licensee has been licensed.

(C)
A person who fails to pass an examination under division (A) or (B)
of this section is not entitled to an adjudication under Chapter 119.
of the Revised Code for that failure.

(D)
The holder of a commercial applicator license may renew the license
within one hundred eighty days after the date of expiration without
re-examination unless the director determines that a new examination
is necessary to insure that the holder continues to meet the
requirements of changing technology and to assure a continuing level
of competence and ability to use pesticides safely and properly.

(E)
The holder of a private applicator license may renew the license
within one hundred eighty days after the date of expiration without
re-examination unless the director determines that a new examination
is necessary to insure that the holder continues to meet the
requirements of changing technology and to assure a continuing level
of competence and ability to use pesticides safely and properly.

(F)
Instead of requiring a commercial applicator or private applicator to
complete re-examination successfully under division (D) or (E) of
this section, the director may require, in accordance with criteria
established by rule, the commercial applicator or private applicator
to participate in training programs that are designed to foster
knowledge of new technology and to ensure a continuing level of
competence and ability to use pesticides safely and properly. The
director or the director's representative may provide the training or
may authorize a third party to do so. In order for such authorization
to occur, the third party and its training program shall comply with
standards and requirements established by rule.

Sec.
921.13.
(A)
Any person who is acting in the capacity of a pesticide dealer or who
advertises or assumes to act as a pesticide dealer at any time shall
obtain a pesticide dealer license from the director of agriculture.
Licenses shall be issued for a period of time established by rule and
shall be renewed in accordance with deadlines established by rule. A
license is required for each location or outlet within this state
from which the person distributes pesticides.

Any
pesticide dealer who has no pesticide dealer outlets in this state
and who distributes restricted use pesticides directly into this
state shall obtain a pesticide dealer license from the director for
the pesticide dealer's principal out-of-state location or outlet and
for each sales person operating in the state.

The
applicant shall include a license fee established by rule with the
application for a license. The application shall be made on a form
prescribed by the director.

Each
pesticide dealer shall
submit

maintain

records

to
the director
of
all of the restricted use pesticides the pesticide dealer has
distributed, as specified by the director, and
duplicate

the

records
shall be retained by the pesticide dealer for a period of time
established by rules.

(B)
This section does not apply to any federal, state, county, or
municipal agency that provides pesticides for its own programs.

(C)
Each licensed pesticide dealer is responsible for the acts of each
employee in the solicitation and sale of pesticides and all claims
and recommendations for use of pesticides. The pesticide dealer's
license is subject to denial, suspension, or revocation after a
hearing for any violation of this chapter whether committed by the
pesticide dealer or by the pesticide dealer's officer, agent, or
employee.

(D)
All money collected under this section shall be credited to the
pesticide, fertilizer, and lime program fund created in section
921.22 of the Revised Code.

Sec.
921.14.
(A)
Each commercial applicator shall keep a record of both of the
following:

(1)
All diagnostic inspections conducted to determine infestations of
pests as required by rules adopted under division (C) of section
921.16 of the Revised Code;

(2)
All pesticide applications made by the applicator and by any trained
serviceperson
acting
under the applicator's direct supervision
as
required by rules adopted under division (C) of section 921.16 of the
Revised Code.

Each
commercial applicator shall submit copies of the records required
under division (A) of this section to the pesticide business, other
business, state agency, or political subdivision that employs the
commercial applicator.

(B)
Each pesticide business, other business, state agency, or political
subdivision that receives copies of records under division (A) of
this section shall retain them for a period of time established by
rule.

(C)
Each private applicator shall keep a record of all restricted use
pesticide applications made by the applicator or under the
applicator's direct supervision as required by rules adopted under
division (C) of section 921.16 of the Revised Code. In addition, each
private applicator shall maintain the record for a period of three
years from the date of the restricted use pesticide application to
which that record refers or for any longer period that the director
of agriculture determines necessary.

Sec.
921.16.
(A)
The director of agriculture shall adopt rules the director determines
necessary for the effective enforcement and administration of this
chapter. The rules may relate to, but are not limited to, the time,
place, manner, and methods of application, materials, and amounts and
concentrations of application of pesticides, may restrict or prohibit
the use of pesticides in designated areas during specified periods of
time, and shall encompass all reasonable factors that the director
determines necessary to minimize or prevent damage to the
environment. In addition, the rules shall establish the deadlines and
time periods for registration, registration renewal, late
registration renewal, and failure to register under section 921.02 of
the Revised Code; the fees for registration, registration renewal,
late registration renewal, and failure to register under section
921.02 of the Revised Code that shall apply until the fees that are
established under that section take effect on January 1, 2007; and
the fees, deadlines, and time periods for licensure and license
renewal under sections 921.06, 921.09, 921.11, and 921.13 of the
Revised Code.

(B)
The director shall adopt rules that establish a schedule of civil
penalties for violations of this chapter, or any rule or order
adopted or issued under it, provided that the civil penalty for a
first violation shall not exceed five thousand dollars and the civil
penalty for each subsequent violation shall not exceed ten thousand
dollars. In determining the amount of a civil penalty for a
violation, the director shall consider factors relevant to the
severity of the violation, including past violations and the amount
of actual or potential damage to the environment or to human beings.
All money collected under this division shall be credited to the
pesticide, fertilizer, and lime program fund created in section
921.22 of the Revised Code.

(C)
The director shall adopt rules that set forth the conditions under
which the director:

(1)
Requires that notice or posting be given of a proposed application of
a pesticide;

(2)
Requires inspection, condemnation, or repair of equipment used to
apply a pesticide;

(3)
Will suspend, revoke, or refuse to issue any pesticide registration
for a violation of this chapter;

(4)
Requires safe handling, transportation, storage, display,
distribution, and disposal of pesticides and their containers;

(5)
Ensures the protection of the health and safety of agricultural
workers storing, handling, or applying pesticides, and all residents
of agricultural labor camps, as that term is defined in section
3733.41 of the Revised Code, who are living or working in the
vicinity of pesticide-treated areas;

(6)
Requires a record to be kept of all pesticide applications made by
each commercial applicator and
of
all general use applications made
by
any trained serviceperson acting under the commercial applicator's
direct supervision and of all restricted use pesticide applications
made by each private applicator
and
by any immediate family member or subordinate employee of that
private applicator who is acting under the private applicator's
direct supervision
as
required under section 921.14 of the Revised Code;

(7)
Determines the pesticide-use categories of diagnostic inspections
that must be conducted by a commercial applicator;

(8)
Requires a record to be kept of all diagnostic inspections conducted
by each commercial applicator and by any trained service person.

(D)
The director shall prescribe standards for the licensure of
applicators of pesticides consistent with those prescribed by the
federal act and the regulations adopted under it or prescribe
standards that are more restrictive than those prescribed by the
federal act and the regulations adopted under it. The standards may
relate to the use of a pesticide or to an individual's pesticide-use
category.

The
director shall take into consideration standards of the United States
environmental protection agency.

(E)
The director may adopt rules setting forth the conditions under which
the director will:

(1)
Collect and examine samples of pesticides or devices;

(2)
Specify classes of devices that shall be subject to this chapter;

(3)
Prescribe other necessary registration information.

(F)
The director may adopt rules that do either or both of the following:

(1)
Designate, in addition to those restricted uses so classified by the
administrator of the United States environmental protection agency,
restricted uses of pesticides for the state or for designated areas
within the state and, if the director considers it necessary, to
further restrict such use;

(2)
Define what constitutes "acting under the instructions and
control of a commercial applicator" as used in the definition of
"direct supervision" in division
(Q)(1)
(Q)

of section 921.01 of the Revised Code. In adopting a rule under
division (F)(2) of this section, the director shall consider the
factors associated with the use of pesticide in the various
pesticide-use categories. Based on consideration of the factors, the
director may define "acting under the instructions and control
of a commercial applicator" to include communications between a
commercial applicator and a trained serviceperson that are conducted
via landline telephone or a means of wireless communication. Any
rules adopted under division (F)(2) of this section shall be drafted
in consultation with representatives of the pesticide industry.

(G)
Except as provided in division (D) of this section, the director
shall not adopt any rule under this chapter that is inconsistent with
the requirements of the federal act and regulations adopted
thereunder.

(H)
The director, after notice and opportunity for hearing, may declare
as a pest any form of plant or animal life, other than human beings
and other than bacteria, viruses, and other microorganisms on or in
living human beings or other living animals, that is injurious to
health or the environment.

(I)
The director may make reports to the United States environmental
protection agency, in the form and containing the information the
agency may require.

(J)
The director shall adopt rules for the application, use, storage, and
disposal of pesticides if, in the director's judgment, existing
programs of the United States environmental protection agency
necessitate such rules or pesticide labels do not sufficiently
address issues or situations identified by the department of
agriculture or interested state agencies.

(K)
The director shall adopt rules establishing all of the following:

(1)
Standards, requirements, and procedures for the examination and
re-examination of commercial applicators and private applicators;

(2)
With respect to training programs that the director may require
commercial applicators and private applicators to complete:

(a)
Standards and requirements that a training program must satisfy in
order to be offered by the director or the director's representative
or in order to be approved by the director if a third party wishes to
offer it;

(b)
Eligibility standards and requirements that must be satisfied by
third parties who wish to provide the training programs;

(c)
Procedures that third parties must follow in order to submit a
proposed training program to the director for approval;

(d)
Criteria that the director must consider when determining whether to
authorize a commercial applicator or private applicator to
participate in a training program instead of being required to pass a
re-examination.

(3)
Training requirements for a trained serviceperson.

(L)
The director shall adopt all rules under this chapter in accordance
with Chapter 119. of the Revised Code.

Sec.
921.23.
(A)
Except as provided in division (B) of this section, the director of
agriculture may suspend, prior to a hearing, for not longer than
ten

thirty

days,
and after the opportunity for a hearing may deny, suspend, revoke,
refuse to renew, or modify any provision of any license, permit, or
registration issued pursuant to this chapter if the director finds
that the applicant or the holder of a license, permit, or
registration is no longer qualified, has violated any provision of
this chapter or rules adopted under it,
has
entered into an administrative or judicial settlement under the
federal act,
has
been found guilty of violating the federal act, or has been convicted
of a misdemeanor involving moral turpitude or of a felony.

(B)
The director shall not deny a license, permit, or registration issued
pursuant to this chapter because an applicant was convicted of or
pleaded guilty to an offense unless the refusal is in accordance with
section 9.79 of the Revised Code.

Sec.
921.24.
No
person shall do any of the following:

(A)
Apply, use, directly supervise such application or use, or recommend
a pesticide for use inconsistent with the pesticide's labeling,
treatment standards, or other restrictions imposed by the director of
agriculture;

(B)
Act as a commercial applicator without being licensed to do so;

(C)
Use any restricted use pesticide, unless the person is licensed to do
so
,
is a trained serviceperson acting under the direct supervision of a
commercial applicator, or is an immediate family member or a
subordinate employee of a private applicator under the direct
supervision of that private applicator

under
this chapter
;

(D)
Refuse or fail to keep or maintain records required by the director
in rules adopted under this chapter, or to make reports when and as
required by the director in rules adopted under this chapter;

(E)
Falsely or fraudulently represent the effect of pesticides or methods
to be utilized;

(F)
Apply known ineffective or improper materials;

(G)
Operate in a negligent manner, which includes the operation of faulty
or unsafe equipment;

(H)
Impersonate any federal, state, county, or municipal official;

(I)
Make false or fraudulent records, invoices, or reports;

(J)
Fail to provide training to trained servicepersons in the application
of
general
use
pesticides;

(K)
Fail to provide direct supervision as specified in rules adopted
under division (C) of section 921.16 of the Revised Code;

(L)
Distribute a misbranded or adulterated pesticide;

(M)
Use fraud or misrepresentation in making application for a license or
registration or renewal of a license or registration;

(N)
Refuse, fail, or neglect to comply with any limitation or restriction
of a license or registration issued under this chapter or rules
adopted thereunder;

(O)
Aid or abet a licensee or another person in violating this chapter or
rules adopted thereunder;

(P)
Make a false or misleading statement in an inspection concerning any
infestation of pests or the use of pesticides;

(Q)
Refuse or fail to comply with this chapter, the rules adopted
thereunder, or any lawful order of the director;

(R)
Distribute restricted use pesticides to the ultimate user without a
pesticide dealer's license;

(S)
Except as provided in division (F) of section 921.26 of the Revised
Code, distribute restricted use pesticides to an ultimate user who is
not licensed under section 921.06 or 921.11 of the Revised Code and
rules adopted under this chapter;

(T)
Use any pesticide that is under an experimental use permit contrary
to the provisions of the permit;

(U)
Engage in fraudulent business practices;

(V)
Dispose of any pesticide product or container in such a manner as to
have unreasonable adverse effects on the environment;

(W)
Display any pesticide in any manner to produce unreasonable adverse
effects on the environment, or to contaminate adjacent food, feed, or
other products;

(X)
Apply any pesticide by aircraft without being licensed as a
commercial applicator;

(Y)
Distribute a pesticide that is not registered with the director;

(Z)
Fail to properly supervise a trained serviceperson.

Sec.
923.42.
(A)
No person who manufactures commercial feed or customer-formula feed,
or whose name appears on the label of any commercial feed or
customer-formula feed as a distributor shall distribute in this state
any type of commercial feed unless
he
the
person

is registered
with
the director of agriculture on a form provided by the director that
identifies the manufacturer's or distributor's name, place of
business, and location of each manufacturing facility in this state
in
accordance with this section
.

A
manufacturer and distributor shall annually register, on a form
prescribed by the director of agriculture, and pay a registration fee
of fifty dollars. The person shall file the registration not later
than February first of each year. A registration expires January
thirty-first of the following year.

(B)

The
director shall assign to each manufacturer or distributor registered
under division (A) of this section a permanent registration number.

(C)

The director may revoke or suspend a registration or refuse to
register a person upon a finding that the manufacturer, distributor,
or person violated any provision of sections 923.41 to 923.55 of the
Revised Code or any rule adopted under those sections.

No
registration shall be revoked, suspended, or refused until the
manufacturer, distributor, or person has an opportunity to appear at
an adjudication hearing conducted in accordance with Chapter 119. of
the Revised Code.

(C)
For purposes of this section, "manufacturer" includes an
exempt buyer.

Sec.
923.44.
(A)(1)
Except as otherwise provided in divisions (A)(2), (3), and (4) of
this section, the first distributor of a commercial feed shall pay
the director of agriculture
a
semiannual
an
annual
inspection
fee at the rate of twenty-five cents per ton
,
with a minimum payment of twenty-five dollars,

on all commercial feeds distributed by the first distributor in this
state.
The
department of agriculture shall not collect inspection fees on the
first two hundred tons of commercial feed sold in a calendar year.

(2)
The
semiannual

annual

inspection
fee required under division (A)(1) of this section shall not be paid
by the first distributor of a commercial feed if the distribution is
made to an exempt buyer who shall be responsible for the fee. The
director shall establish an exempt list consisting of those buyers
who are responsible for the fee.

(3)
The
semiannual

annual

inspection
fee shall not be paid on a commercial feed if the fee has been paid
by a previous distributor.

(4)
The
semiannual

annual

inspection
fee shall not be paid on customer-formula feed if the fee has been
paid on the commercial feeds that are used as components in that
customer-formula feed.

(B)
Each distributor or exempt buyer who is required to pay a fee under
division (A)(1) or (2) of this section shall file
a
semiannual
an
annual
statement
with the director that includes the number of net tons of commercial
feed distributed by the distributor or exempt buyer in this state
,
within thirty days after the thirtieth day of June and within thirty
days after the thirty-first day of December, respectively, of each

for
the previous
calendar
year.

The
distributor or exempt buyer shall file the statement with the
distributor's or exempt buyer's registration required under section
923.42 of the Revised Code.

The
inspection fee at the rate stated in division (A)(1) of this section
shall accompany the statement. For a tonnage report that is not filed
or payment of inspection fees that is not made
within
fifteen days after
by

the
due date

established
in section 923.42 of the Revised Code
,
a penalty of ten per cent of the amount due
,
with a minimum penalty of

or

fifty
dollars
,
whichever is greater,

shall be assessed against the distributor or exempt buyer. The amount
of fees due, plus penalty, shall constitute a debt and become the
basis of a judgment against the distributor or exempt buyer.

(C)
No information furnished under this section shall be disclosed by an
employee of the department of agriculture in such a way as to divulge
the operation of any person required to make such a report.

(D)
All money collected under this section shall be credited to the
commercial feed and seed fund created in section 923.46 of the
Revised Code.

Sec.
923.51.
No
person shall commit any of the following acts or cause to be
committed any of the following acts:

(A)
Adulterate commercial feed or distribute adulterated commercial feed;

(B)
Adulterate pet food or distribute adulterated pet food;

(C)
Misbrand commercial feed or distribute misbranded commercial feed;

(D)
Adulterate any agricultural commodity such as whole seed, hay, straw,
stover, silage, cobs, husks, or hulls and feed it to animals or
distribute any such commodity that is adulterated;

(E)
Remove or dispose of a commercial feed in violation of a withdrawal
from distribution order or a condemnation and confiscation order
issued under section 923.52 or 923.53 of the Revised Code or any
rules adopted under those sections;

(F)
Use for the person's own advantage, or reveal except to the director
of agriculture or the director's agent or to the courts when relevant
in any judicial proceeding under sections 923.41 to 923.55 of the
Revised Code or any rules adopted under those sections, any
information acquired under the authority of those sections of the
Revised Code or rules adopted under those sections that as a trade
secret is entitled to protection;

(G)
Fail or refuse to register as required under section 923.42 of the
Revised Code or any rule adopted under that section;

(H)
Fail to pay inspection fees or file
semiannual

annual

reports
as required under section 923.44 of the Revised Code or any rule
adopted under that section.

Sec.
924.01.
As
used in sections 924.01 to 924.16 and 924.40 to 924.55 of the Revised
Code:

(A)
"Agricultural commodity" means any food, fiber, feed,
animal, or plant, or group of foods, fibers, feeds, animals, or
plants that the director of agriculture determines to be of the same
nature, in either a natural or a processed state. "Agricultural
commodity" does not include any of the following:

(1)
Grain, as defined in section 924.20 of the Revised Code;

(2)
Soybeans;

(3)
Hemp, as defined in section 928.01 of the Revised Code
;

(4)
Pork, as defined in section 924.212 of the Revised Code
.

(B)
"Distributor" means any person who sells, offers for sale,
markets, or distributes an agricultural commodity that the person has
purchased or acquired directly from a producer, or that the person
markets on behalf of a producer.

(C)
"Handler" means any person who is in the business of
packing, grading, selling, offering for sale, or marketing any
agricultural commodity in commercial quantities as defined in a
marketing program.

(D)
"Marketing program" means a program that is established by
order of the director pursuant to this chapter, to improve or expand
the market for an agricultural commodity.

(E)
"Operating committee" means a committee established to
administer a marketing program for an agricultural commodity.

(F)
"Person" means any natural person, partnership, sole
proprietorship, limited liability company, corporation, society,
agricultural cooperative as defined in section 1729.01 of the Revised
Code, association, or fiduciary.

(G)
"Processor" means any person who is in the business of
grading, packaging, packing, canning, freezing, dehydrating,
fermenting, distilling, extracting, preserving, grinding, crushing,
juicing, or in any other way preserving or changing the form of any
agricultural commodity.

(H)
"Producer" means any person who is in the business of
producing, or causing to be produced, any agricultural commodity for
commercial sale, except that when used in reference to nursery stock,
"producer" also means a distributor, processor, handler, or
retailer of nursery stock.

Sec.
924.212.
(A)
As used in this section:

(1)
"Pork" means the flesh of a porcine animal.

(2)
"Pork product" means a product produced or processed in
whole or in part from pork.

(3)
"Producer" means a person who raises porcine animals in
this state for sale in commerce.

(B)
The pork marketing program is established to promote the sale of pork
and pork products. However, the pork marketing program shall not
operate unless the national pork checkoff program created by the
"Pork Promotion, Research, and Consumer Information Act of
1985," 7 U.S.C. 4801 et seq. is no longer in operation. Except
as provided in this division and divisions (C) to (F) of this
section, the procedures, requirements, and other provisions that are
established under sections 924.20 to 924.30 of the Revised Code and
rules that apply to the grain marketing program apply to the pork
marketing program. For purposes of that application, references in
those sections to "grain" are deemed to be replaced with
references to "pork."

(C)
Not later than one hundred twenty days after the national pork
checkoff program is no longer in operation, the Ohio pork council, or
its successor, shall do both of the following:

(1)
Accept the names of persons as nominees to serve on a pork marketing
program operating committee. In accepting nominations and placing
names on the ballot, the Ohio pork council, or its successor, shall
follow the procedures established in rules.

(2)
Hold an election to determine the membership of the operating
committee. In the election, eligible producers may cast votes in
person or mail ballots to polling places designated by the director
of agriculture. The Ohio pork council, or its successor, shall
establish a three-day period during which eligible producers may vote
in person during normal business hours at the designated polling
places. The director or another appropriate person shall send a
ballot by ordinary first-class mail to an eligible producer who
requests a ballot. An eligible producer shall make such a request by
calling a toll-free telephone number designated by the director, by
contacting one of the designated polling places, or by any additional
method that the director may provide. A ballot returned by mail is
not valid if it is postmarked later than the third day of the
election period established by the Ohio pork council or its
successor.

For
the purposes of an election of members of the pork marketing program
operating committee, the director shall cause a ballot request form
to be published at least thirty days before the beginning of the
election period in at least two appropriate periodicals designated by
the director and shall make the form available for reproduction to
any interested group or association.

(D)
The pork marketing program operating committee consists of the
following twelve members:

(1)
The director of agriculture, who shall be an ex-officio, non-voting
member, or the director's designee;

(2)
The executive vice-president of the Ohio pork council or its
successor;

(3)
Four members appointed by the director of agriculture who are pork
producers. When making such appointments, the director shall give
consideration to Ohio pork producers who are representatives on the
national pork board;

(4)
Six members elected in accordance with section 924.22 of the Revised
Code, except that the elections shall occur by district, with one
member elected from each district. The districts are as follows:

(a)
District one: Allen, Defiance, Fulton, Henry, Paulding, Putnam, Van
Wert, and Williams counties;

(b)
District two: Crawford, Erie, Hancock, Huron, Lucas, Marion, Ottawa,
Richland, Sandusky, Seneca, Wood, and Wyandot counties;

(c)
District three: Auglaize, Mercer, Hardin, Logan, and Shelby counties;

(d)
District four: Ashland, Ashtabula, Carroll, Columbiana, Coshocton,
Cuyahoga, Delaware, Geauga, Harrison, Holmes, Jefferson, Knox, Lake,
Licking, Lorain, Mahoning, Medina, Morrow, Portage, Stark, Summit,
Tuscarawas, Trumbull, Union, and Wayne counties;

(e)
District five: Butler, Darke, Hamilton, Miami, Montgomery, and Preble
counties;

(f)
District six: Adams, Athens, Belmont, Brown, Champaign, Clark,
Clermont, Clinton, Fairfield, Fayette, Franklin, Gallia, Greene,
Guernsey, Highland, Hocking, Jackson, Lawrence, Madison, Meigs,
Monroe, Morgan, Muskingum, Noble, Perry, Pickaway, Pike, Ross,
Scioto, Vinton, Warren, and Washington counties.

Except
for the director, or the director's designee, all members of the pork
marketing program operating committee are voting members.

(E)
Following the election of the initial members of the operating
committee, all future elections for the pork marketing program shall
occur in accordance with the pork marketing program's by-laws drafted
and adopted by the pork marketing program operating committee. Such
by-laws shall be adopted by the operating committee within one year
after the creation of the pork marketing program.

(F)(1)
With regard to the levying of assessments under section 924.26 of the
Revised Code, the assessment on pork shall be the lesser of the
following:

(a)
Twenty-five one hundredths of one per cent of the market value of the
porcine animal, pork, or pork product sold or imported;

(b)
An amount established by the operating committee at the initial
meeting of the operating committee through an initial order. The
operating committee may increase the rate of an assessment after the
initial order by not more than one-tenth of one per cent per year.

(3)
If assessments are levied under the national pork checkoff program
created by the "Pork Promotion, Research, and Consumer
Information Act of 1985," 7 U.S.C. 4801 et seq., no assessments
shall be levied for purposes of the pork marketing program
established under this section.

(4)
The operating committee may determine if a refund of an assessment is
permitted.

Sec.
924.30.
(A)
No person shall knowingly fail or refuse to withhold or remit an
assessment levied under section
924.212
or
924.26
of the Revised Code.

(B)
Before instituting an enforcement action for a violation of this
section, the director of agriculture shall give the alleged violator
an opportunity to present the alleged violator's views to the
director as to why the action should not be instituted.

Sec.
924.51.
(A)
There is hereby created the Ohio grape industries committee
consisting of
nine

ten

members.
The members shall be the director of agriculture or the director's
designee, who shall chair the committee, the superintendent of liquor
control or the superintendent's designee,
the
chief of the division of markets of the department of agriculture,

the
viticulture extension specialist of the Ohio agricultural research
and development center, who shall be a nonvoting member, and
five

seven

members
who shall be residents of this state and appointed by the director of
agriculture in accordance with division (B) of this section. At no
time shall the director appoint more than
five

seven

members
to the committee.

(B)
Of the
five

seven

members
of the committee appointed by the director of agriculture, not less
than
two
three
,
but not more than
three

four

shall
be persons who receive income from the production of grapes or grape
products. Not less than
two
three
,
but not more than
three

four

members
shall be persons who receive income from the production of wine from
raw grape or fruit products in either raw fruit or fresh juice form.
The terms for each appointed member of the committee shall be for
three years, commencing on the first day of January and ending on the
thirty-first day of December. No appointed member shall serve more
than two consecutive terms. The director may remove any appointed
member for cause.

(C)
Members shall be appointed to fill vacancies caused by death,
resignation, or removal in the same manner prescribed for regular
appointment to the committee. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the member's
predecessor was appointed shall hold office for the remainder of the
term. Any member shall continue in office subsequent to the
expiration date of that member's term until that member's successor
takes office, or until a period of one hundred eighty days has
elapsed, whichever occurs first.

(D)
All members of the committee are entitled to their actual and
necessary expenses incurred in the performance of their duties as
members, payable from moneys received from the Ohio grape industries
fund created under section 924.54 of the Revised Code.

(E)
A majority of the committee constitutes a quorum.

Sec.
927.53.
(A)
Each collector or dealer who sells, offers, or exposes for sale, or
distributes nursery stock within this state, or ships nursery stock
to other states, shall pay an annual license fee of one hundred
twenty-five dollars to the director of agriculture for each place of
business the collector or dealer operates.

(B)(1)
Each dealer shall furnish the director, annually, an affidavit that
the dealer will buy and sell only nursery stock which has been
inspected and certified by an official state or federal inspector.

(2)
Each dealer's license expires on the thirty-first day of December of
each year. Each licensed dealer shall apply for renewal of the
dealer's license prior to the first day of January of each year and
in accordance with the standard renewal procedure of sections 4745.01
to 4745.03 of the Revised Code.

(C)
Each licensed nurseryperson shall post conspicuously in the
nurseryperson's principal place of business, the certificate which is
issued to the nurseryperson in accordance with section 927.61 of the
Revised Code.

(D)
Each licensed nurseryperson, or dealer, shall post conspicuously in
each place of business, each certificate or license which is issued
to the nurseryperson or dealer in compliance with this section or
section 927.61 of the Revised Code.

(E)(1)
Each nurseryperson who produces, sells, offers for sale, or
distributes woody nursery stock within the state, or ships woody
nursery stock to other states, shall pay to the director an annual
inspection fee of
one

two

hundred
dollars plus
eleven

fifteen

dollars
per acre, or fraction thereof, of growing nursery stock in intensive
production areas and
seven

ten

dollars
per acre, or fraction thereof, of growing nursery stock in
nonintensive production areas, as applicable.

(2)
Each nurseryperson who limits production and sales of nursery stock
to brambles, herbaceous, perennial, and other nonwoody plants, shall
pay to the director an inspection fee of one hundred dollars, plus
eleven dollars per acre, or fraction thereof, of growing nursery
stock in intensive and nonintensive production areas.

(F)
The fees collected under this section shall be credited to the plant
pest program fund created in section 927.54 of the Revised Code.

Sec.
928.02.
(A)(1)
The director of agriculture
shall

may

establish
a program to monitor and regulate hemp cultivation and
shall
establish a program to monitor and regulate hemp
processing
in this state.
Under
the

(2)
If the director establishes a program to monitor and regulate hemp
cultivation in this state and subsequently intends to transfer
authority to the United States department of agriculture to monitor
and regulate hemp cultivation in this state, the director shall take
whatever actions necessary to effectuate such transfer.

(3)
If the director implements a
program

to
monitor and regulate hemp cultivation under division (A)(1) of this
section
,
the director shall issue hemp cultivation licenses
and
hemp processing licenses
in
accordance with rules adopted under section 928.03 of the Revised
Code.

(2)
As
(4)
If the director implements a program to monitor and regulate hemp
cultivation under division (A)(1) of this section and as
authorized
by the director, the department of agriculture or a university may
cultivate
or
process
hemp
without a hemp cultivation license
or
hemp processing license
for
research purposes.

(5)
As authorized by the director, the department of agriculture or a
university may process hemp without a hemp processing license for
research purposes.

(B)

Except

If
the director implements a program to monitor and regulate hemp
cultivation under division (A)(1) of this section and except
as
authorized under division
(A)(2)
(A)(4)

or (E) of this section, any person that wishes to cultivate hemp
shall apply for and obtain a hemp cultivation license from the
director in accordance with rules adopted under section 928.03 of the
Revised Code. Except as authorized under division
(A)(2)
(A)(5)

or (E) of this section, any person that wishes to process hemp shall
apply for and obtain a hemp processing license from the director in
accordance with those rules. Such licenses are valid for three years
unless earlier suspended or revoked by the director.

(C)
The department, a university, or any person may, without a hemp
cultivation license or hemp processing license, possess, buy, or sell
hemp or a hemp product.

(D)
Notwithstanding any other provision of the Revised Code to the
contrary, the addition of hemp or a hemp product to any other product
does not adulterate that other product.

(E)

The

If
the director implements a program to monitor and regulate hemp
cultivation under division (A)(1) of this section, the
director
shall issue a hemp cultivation license
or
hemp processing license
in
accordance with Chapter 4796. of the Revised Code to an individual if
either of the following applies:

(1)
The individual holds the applicable license in another state.

(2)
The individual has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a hemp cultivator
or
hemp processor
in
a state that does not issue the applicable license.

(F)
The director shall issue a hemp processing license in accordance with
Chapter 4796. of the Revised Code to an individual if either of the
following applies:

(1)
The individual holds the applicable license in another state.

(2)
The individual has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a hemp processor in a state that does not issue the
applicable license.

Sec.
928.03.
The
director of agriculture, in consultation with the governor and
attorney general, shall adopt rules in accordance with Chapter 119.
of the Revised Code establishing standards and procedures for the
regulation of hemp
processing.
The director also shall adopt such rules, in consultation with the
governor and attorney general, regarding hemp
cultivation

and
processing
if
the director implements a program to monitor and regulate hemp
cultivation under division (A)(1) of section 928.02 of the Revised
Code
.
The rules shall include all of the following:

(A)
The form of an application for a hemp cultivation license and hemp
processing license and the information required to be included in
each license application;

(B)
The amount of an initial application fee that an applicant shall
submit along with an application for a hemp cultivation license or a
hemp processing license, and the amount of an annual license fee that
a licensee shall submit for a hemp cultivation license or a hemp
processing license. In adopting rules under division (B) of this
section, the director shall ensure both of the following:

(1)
That the amount of the application fee and annual license fee does
not exceed an amount sufficient to cover the costs incurred by the
department of agriculture to administer and enforce this chapter;

(2)
That there is one uniform application fee and one uniform annual
license fee that applies to all applicants for a hemp cultivation
license.

(C)
Requirements and procedures concerning background investigations of
each applicant for a hemp cultivation license and each applicant for
a hemp processing license. The director shall include both of the
following in the rules adopted under this division:

(1)
A requirement that each applicant comply with sections 4776.01 to
4776.04 of the Revised Code;

(2)
Provisions that prohibit the director from issuing a hemp cultivation
license or hemp processing license to an applicant that has not
complied with those sections.

(D)
Requirements regarding the experience, equipment, facilities, or land
necessary to obtain a hemp cultivation license;

(E)
Requirements and procedures regarding standards of financial
responsibility for each applicant for a hemp processing license.

(F)
Procedures and requirements for the issuance, renewal, denial,
suspension, and revocation of a hemp cultivation license and hemp
processing license, including providing for a hearing under Chapter
119. of the Revised Code with regard to such a denial, suspension, or
revocation;

(G)
Grounds for the denial, suspension, and revocation of a hemp
cultivation license and of a hemp processing license, including a
requirement that the director revoke a hemp cultivation license or
hemp processing license, for a period of ten years, of any person who
pleads guilty to or is convicted of a felony relating to a controlled
substance;

(H)
A requirement that the director shall not issue a hemp cultivation
license or hemp processing license to any person who has pleaded
guilty to or been convicted of a felony relating to a controlled
substance in the ten years immediately prior to the submission of the
application for a license;

(I)
A requirement that any person that materially falsifies information
in an application for a hemp cultivation license or hemp processing
license is ineligible to receive either license;

(J)
A practice for maintaining relevant information regarding land on
which hemp is cultivated by hemp cultivation licensees, including a
legal description of the land, in accordance with applicable federal
law;

(K)
Requirements prohibiting a hemp cultivation licensee and a hemp
processing licensee from cultivating or processing marihuana;

(L)
A procedure for testing, using post-decarboxylation or other
similarly reliable methods, delta-9 tetrahydrocannabinol
concentration levels of plants and products for purposes of
determining compliance with this chapter and rules adopted under it;

(M)
Requirements and procedures for the issuance, administration, and
enforcement of corrective action plans issued under this chapter;

(N)
A procedure for conducting annual inspections of, at a minimum, a
random sample of hemp cultivation license holders to verify that
plants are not being cultivated in violation of this chapter or rules
adopted under it;

(O)
A procedure for conducting annual inspections of, at a minimum, a
random sample of hemp processing license holders to verify that such
license holders are not operating in violation of this chapter or
rules adopted under it;

(P)
A procedure for complying with enforcement procedures required under
federal law;

(Q)
A procedure for the effective disposal of all of the following:

(1)
Plants, whether growing or not, cultivated in violation of this
chapter or rules adopted under it;

(2)
Products derived from plants cultivated in violation of this chapter
or rules adopted under it;

(3)
Products produced in violation of this chapter or rules adopted under
it.

(R)
Requirements and procedures governing the production, storage, and
disposal of hemp byproducts.

For
the purposes of this chapter and notwithstanding any provision of law
to the contrary, "hemp product" includes a byproduct,
produced as a result of processing hemp, that contains a delta-9
tetrahydrocannabinol concentration of more than three-tenths per
cent, provided that the byproduct is produced, stored, and disposed
of in accordance with rules adopted under division (R) of this
section.

(S)
Procedures for sharing information regarding hemp cultivation license
holders with the secretary of the USDA;

(T)
A setback distance requirement that specifies the distance that a
hemp cultivation license holder shall locate hemp plants from a
location where medical marijuana is being cultivated. The requirement
does not apply to a hemp cultivation license holder with regard to a
medical marijuana cultivator that locates medical marijuana within
the established setback distance requirement after the hemp
cultivation license holder begins operation.

(U)
Annual reporting requirements and procedures for hemp cultivation
license holders and hemp processing license holders;

(V)
Recordkeeping and documentation maintenance requirements and
procedures for hemp cultivation license holders and hemp processing
license holders;

(W)
Fees for the laboratory testing of plants and products;

(X)
Standards for the testing and labeling of hemp and hemp products;

(Y)
Requirements prohibiting the processing of hemp in a building used as
a personal residence or on land that is zoned for residential use;

(Z)
Production standards and manufacturing practices for processing hemp;

(AA)
Procedures and requirements for the transportation and storage of
both hemp and hemp products;

(BB)
Any other requirements or procedures necessary to administer and
enforce this chapter.

Sec.
928.04.
(A)
Except as authorized under division
(A)(2)
(A)(4)
or (5)

of section 928.02 of the Revised Code, no person shall cultivate hemp
without a hemp cultivation license
issued
by the director of agriculture under this chapter, if the director
implements a program to monitor and regulate hemp cultivation under
division (A)(1) of section 928.02 of the Revised Code,
or
process hemp without a hemp processing license issued by the director
of agriculture under this chapter.

(B)
No person who holds a hemp cultivation license or hemp processing
license
issued
by the director under this chapter
shall
violate this chapter or rules adopted under it.

(C)
No person subject to a corrective action plan issued by the director
of agriculture under section 928.05 of the Revised Code shall fail to
comply with the plan.

(D)
No person shall transport hemp or a hemp product in violation of
rules adopted under section 928.03 of the Revised Code.

Sec.
935.06.
(A)
Not later than ninety days after receipt of an application under
section 935.05 of the Revised Code, the director of agriculture shall
issue or deny a wildlife shelter permit. The director shall issue a
permit to an applicant only if all of the following apply:

(1)
The applicant is eighteen years of age or older.

(2)
The applicant has registered the dangerous wild animal or animals
that are the subject of the application under section 935.04 of the
Revised Code.

(3)
The applicant is in compliance with the standards of care established
in rules adopted under division (A)(2) of section 935.17 of the
Revised Code.

(4)
The applicant has sterilized each male dangerous wild animal that is
possessed by the applicant. However, a dangerous wild animal is not
required to be sterilized if a veterinarian that is qualified to
provide veterinary care to the dangerous wild animal determines that
the sterilization is medically contraindicated and the applicant has
submitted a copy of the veterinarian's written determination with the
applicant's application.

(5)
The applicant has signed an affidavit attesting that the applicant
will not allow members of the public to be in physical contact with a
dangerous wild animal possessed by the applicant. Division (A)(5) of
this section does not apply to an employee of the applicant or a
volunteer who has entered into a written agreement with the applicant
to work for or volunteer for the applicant and assists in the care of
a dangerous wild animal or animals specified in division (C)(20) of
section 935.01 of the Revised Code possessed by the applicant if the
care is provided under the direction of the applicant.

(6)
The applicant has not been convicted of or pleaded guilty to a a
disqualifying offense as determined in accordance with section 9.79
of the Revised Code and a criminal records check performed in
accordance with division (B) of this section.

(7)
The facility at which a dangerous wild animal or dangerous wild
animals will be maintained under the permit consists of at least one
acre. Division (A)(7) of this section does not apply to either of the
following:

(a)
Dangerous wild animals specified in division (C)(20) of section
935.01 of the Revised Code;

(b)
An applicant to whom the director issues a written waiver stating
that the acreage requirement does not apply to the applicant.

(8)
The applicant has signed an affidavit attesting that the facility at
which a dangerous wild animal or dangerous wild animals will be
maintained under the permit and the conditions in which each
dangerous wild animal will be kept in that facility are in compliance
with this chapter and rules.

(9)
The applicant has submitted a complete application that meets the
requirements established in section 935.05 of the Revised Code.

(10)
The applicant has submitted the applicable fee under section 935.05
of the Revised Code.

If
a permit is issued, the director shall assign a unique identification
number to the permit.

(B)
Prior to issuing or denying a wildlife shelter permit, the director
shall submit a request to the bureau of criminal identification and
investigation in the office of the attorney general for a criminal
records check of the applicant for the permit. Upon receipt of a
request, the superintendent of the bureau shall conduct a criminal
records check in the manner described in division (B) of section
109.572 of the Revised Code to determine whether any information
exists that indicates that the applicant previously has been
convicted of or pleaded guilty to any of the following:

(1)
A felony drug abuse offense;

(2)
An offense of violence that is a felony;

(3)
A violation of section 959.13 or 959.131 of the Revised Code or of
section 2927.21 of the Revised Code as that section existed prior to
its repeal by S.B. 310 of the 129th general assembly.

The
applicant is responsible for paying all costs associated with the
criminal records check.

(C)
If a permit application is denied, two hundred fifty dollars of the
permit application fee shall be retained by the director as payment
for the reasonable expense of processing the application, and the
remainder of the fee shall be returned to the applicant.

(D)
Not later than the first day of December of each year, a permit
holder shall apply to the director, on a form prescribed and provided
by the director, for a renewal of the permit if the permit holder
intends to retain possession of the dangerous wild animal or animals
that are identified in the permit. Not later than thirty days after
receipt of an application for renewal, the director shall renew or
deny the renewal of the permit. The director shall renew the permit
if the permit holder complies with this chapter and rules and pays a
renewal fee in the same amount as the fee established for the initial
permit in section 935.05 of the Revised Code. If a renewal permit is
denied, two hundred fifty dollars of the renewal fee shall be
retained by the director as payment for the reasonable expense of
processing the application, and the remainder of the renewal fee
shall be returned to the applicant.

(E)
If the director denies an application for a permit or a renewal of a
permit, the director shall notify the person of the denial, the
grounds for the denial, and the person's right to an adjudication
under Chapter 119. of the Revised Code.

(F)
If a person does not appeal the determination of the director to deny
an application for a permit or a renewal of a permit or if the
determination of the director is affirmed under Chapter 119. of the
Revised Code, not later than thirty days after the decision not to
appeal or after the determination is affirmed, as applicable, the
person shall transfer the dangerous wild animal or animals that the
person possesses to a humane society, wildlife sanctuary, rescue
facility, facility that is an accredited member of either the
association of zoos and aquariums or the zoological association of
America, or facility that is located in another state and that
complies with that state's applicable laws. After the transfer has
occurred, the person shall submit proof to the director that the
dangerous wild animal or animals were transferred and shall specify
the society, sanctuary, or facility to which the animal or animals
were transferred.

The
person is responsible for all costs associated with the transfer of
the dangerous wild animal or animals.

(G)
If a person that has been issued a wildlife shelter permit under this
section or a wildlife propagation permit under section 935.07 of the
Revised Code dies, the person's next of kin shall do one of the
following:

(1)
If the next of kin wishes to possess the dangerous wild animal or
animals, obtain a wildlife shelter permit under this section or a
wildlife propagation permit under section 935.07 of the Revised Code,
as applicable. That next of kin shall comply with this chapter and
rules, except that, with respect to the next of kin's initial permit,
the person need not pay the applicable permit application fee.

(2)
If the deceased person has a last will and testament that specifies
that the dangerous wild animal or animals possessed by the person are
to be transferred to another person that has been issued a wildlife
shelter permit, wildlife propagation permit, or rescue facility
permit issued under this chapter, transfer the dangerous wild animal
or animals to the applicable permit holder;

(3)
Transfer the dangerous wild animal or animals that were possessed by
the deceased person in accordance with division (F) of this section.

(H)
All fees collected under this section shall be credited to the

dangerous
and restricted
animal

and
consumer protection
fund
created in section
935.25

943.26

of
the Revised Code.

Sec.
935.07.
(A)
A person that possesses a registered dangerous wild animal in this
state on October 1, 2013, that wishes to continue to possess the
dangerous wild animal on and after January 1, 2014, and that intends
to propagate the animal solely for the purposes of a species survival
program that complies with rules shall apply for a wildlife
propagation permit under this section. An applicant need apply for
only one permit regardless of the number of dangerous wild animals
that the applicant possesses.

(B)
Except as otherwise provided in this section, an applicant for a
wildlife propagation permit shall comply with the requirements and
procedures established in sections 935.05 and 935.06 of the Revised
Code. The application fee for a wildlife propagation permit shall be
one of the following, as applicable:

(1)
One thousand dollars if the applicant possesses not more than fifty
dangerous wild animals;

(2)
Three thousand dollars if the applicant possesses more than fifty
dangerous wild animals.

(C)
The facility at which a dangerous wild animal or dangerous wild
animals will be maintained under a wildlife propagation permit shall
consist of at least two acres. Division (C) of this section does not
apply to either of the following:

(1)
Dangerous wild animals specified in division (C)(20) of section
935.01 of the Revised Code;

(2)
An applicant to whom the director of agriculture issues a written
waiver stating that the acreage requirement does not apply to the
applicant.

(D)
All fees collected under this section shall be credited to the

dangerous
and restricted
animal

and
consumer protection
fund
created in section
935.25

943.26

of
the Revised Code.

(E)
Division (A)(4) of section 935.06 of the Revised Code does not apply
to an applicant for a wildlife propagation permit.

Sec.
935.09.
(A)
Not later than ninety days after receipt of an application under
section 935.08 of the Revised Code, the director of agriculture shall
issue or deny a restricted snake possession permit. The director
shall issue a permit to an applicant only if all of the following
apply:

(1)
The applicant is eighteen years of age or older.

(2)
The applicant has signed an affidavit attesting that the applicant
will not allow members of the public to be in physical contact with a
restricted snake possessed by the applicant. Division (A)(2) of this
section does not apply to either of the following:

(a)
An applicant that displays a restricted snake or snakes specified in
division (L)(1) of section 935.01 of the Revised Code to a primary or
secondary school age student;

(b)
An employee of the applicant or a volunteer who has entered into a
written agreement with the applicant to work for or volunteer for the
applicant and assists in the care of a restricted snake or snakes
possessed by the applicant if the care is provided under the
direction of the applicant.

(3)
The applicant has not been convicted of or pleaded guilty to a felony
drug abuse offense, an offense of violence that is a felony, or a
violation of section 959.13 or 959.131 of the Revised Code or of
section 2927.21 of the Revised Code as that section existed prior to
its repeal by S.B. 310 of the 129th general assembly, as determined
by a criminal records check performed in accordance with division (B)
of this section.

(4)
The applicant has signed an affidavit attesting that the facility at
which a restricted snake or snakes will be maintained under the
permit and the conditions in which each restricted snake will be kept
in that facility are in compliance with this chapter and rules.

(5)
The applicant has submitted a complete application that meets the
requirements established in section 935.08 of the Revised Code.

(6)
The applicant has submitted the application fee established in
section 935.08 of the Revised Code.

If
a permit is issued, the director shall assign a unique identification
number to the permit.

(B)
Prior to issuing or denying a restricted snake possession permit, the
director shall submit a request to the bureau of criminal
identification and investigation in the office of the attorney
general for a criminal records check of the applicant for the permit.
Upon receipt of a request, the superintendent of the bureau shall
conduct a criminal records check in the manner described in division
(B) of section 109.572 of the Revised Code to determine whether any
information exists that indicates that the applicant previously has
been convicted of or pleaded guilty to any of the following:

(1)
A felony drug abuse offense;

(2)
An offense of violence that is a felony;

(3)
A violation of section 959.13 or 959.131 of the Revised Code or of
section 2927.21 of the Revised Code as that section existed prior to
its repeal by S.B. 310 of the 129th general assembly.

The
applicant is responsible for paying all costs associated with the
criminal records check.

(C)
If a permit application is denied, seventy-five dollars of the permit
application fee shall be retained by the director as payment for the
reasonable expense of processing the application, and the remainder
of the fee shall be returned to the applicant.

(D)
Not later than the first day of December of each year, a permit
holder shall apply to the director, on a form prescribed and provided
by the director, for a renewal of the permit if the permit holder
intends to retain possession of the restricted snake or snakes that
are identified in the permit. Not later than thirty days after
receipt of an application for renewal, the director shall renew or
deny the renewal of the permit. The director shall renew the permit
if the permit holder complies with this chapter and rules and pays a
renewal fee in the same amount as the fee established for the initial
permit in section 935.08 of the Revised Code. If a renewal permit is
denied, seventy-five dollars of the renewal fee shall be retained by
the director as payment for the reasonable expense of processing the
application, and the remainder of the renewal fee shall be returned
to the applicant.

(E)
If the director denies an application for a permit or a renewal of a
permit, the director shall notify the person of the denial, the
grounds for the denial, and the person's right to an adjudication
under Chapter 119. of the Revised Code.

(F)
If a person does not appeal the determination of the director to deny
an application for a permit or a renewal of a permit or if the
determination of the director is affirmed under Chapter 119. of the
Revised Code, not later than thirty days after the decision not to
appeal or after the determination is affirmed, as applicable, the
person shall transfer the restricted snake or snakes that the person
possesses to a humane society, wildlife sanctuary, facility that is
an accredited member of either the association of zoos and aquariums
or the zoological association of America, or facility that is located
in another state and that complies with that state's applicable laws.
After the transfer has occurred, the person shall submit proof to the
director that the restricted snake or snakes were transferred and
shall specify the society, sanctuary, or facility to which the snake
or snakes were transferred.

The
person is responsible for all costs associated with the transfer of
the restricted snake or snakes.

(G)
If a person that has been issued a restricted snake possession permit
under this section or a restricted snake propagation permit under
section 935.10 of the Revised Code dies, the person's next of kin
shall do one of the following:

(1)
If the next of kin wishes to possess the restricted snake or snakes,
obtain a restricted snake possession permit under this section or a
restricted snake propagation permit under section 935.10 of the
Revised Code, as applicable. That next of kin shall comply with this
chapter and rules, except that, with respect to the next of kin's
initial permit, the person need not pay the applicable permit
application fee.

(2)
If the deceased person has a last will and testament that specifies
that the restricted snake or snakes possessed by the person are to be
transferred to another person that has been issued a restricted snake
possession permit under this section or a restricted snake
propagation permit issued under section 935.10 of the Revised Code,
transfer the restricted snake or snakes to the applicable permit
holder;

(3)
Transfer the restricted snake or snakes that were possessed by the
deceased person in accordance with division (F) of this section.

(H)
All fees collected under this section shall be credited to the

dangerous
and restricted
animal

and
consumer protection
fund
created in section
935.25

943.26

of
the Revised Code.

Sec.
935.10.
(A)(1)
A person that possesses a restricted snake in this state prior to
January 1, 2014, that wishes to continue to possess the restricted
snake on and after that date, and that intends to propagate, sell,
trade, or otherwise transfer the snake shall obtain a restricted
snake propagation permit under this section not later than January 1,
2014.

(2)
A person that acquires a restricted snake in this state on or after
January 1, 2014, and that intends to propagate, sell, trade, or
otherwise transfer the snake shall obtain a restricted snake
propagation permit under this section not later than one hundred
twenty days after acquiring the snake.

(3)
An applicant need apply for only one permit regardless of the number
of restricted snakes that the applicant possesses.

(B)
Except as otherwise provided in this section, an applicant for a
restricted snake propagation permit shall comply with the
requirements and procedures established in sections 935.08 and 935.09
of the Revised Code. The application fee for a restricted snake
propagation permit shall be three hundred dollars.

(C)
If a permit application is denied, one hundred fifty dollars of the
permit application fee shall be retained by the director of
agriculture as payment for the reasonable expense of processing the
application, and the remainder of the fee shall be returned to the
applicant.

(D)
All fees collected under this section shall be credited to the

dangerous
and restricted
animal

and
consumer protection
fund
created in section
935.25

943.26

of
the Revised Code.

Sec.
935.16.
(A)
If a dangerous wild animal or restricted snake escapes, the person
that possesses the animal or snake immediately shall notify both of
the following:

(1)
The sheriff of the county and the chief law enforcement officer of
the township or municipal corporation where the escape occurred;

(2)
The division of animal health in the department of agriculture by
means of the twenty-four-hour telephone number that is maintained by
the division.

(B)(1)
A law enforcement officer or natural resources law enforcement
officer may destroy a dangerous wild animal or restricted snake that
has escaped and that poses a threat to public safety.

(2)
A law enforcement officer or natural resources law enforcement
officer that destroys an escaped dangerous wild animal or restricted
snake pursuant to division (B)(1) of this section is not liable for
damages in a civil action for any injury, death, or loss to person or
property that allegedly arises from the destruction of the animal or
snake.

(C)
The person that possesses a dangerous wild animal or restricted snake
that escapes is responsible for all reasonable costs associated with
the capture or destruction of the animal or snake. The person shall
reimburse the political subdivision that employs the law enforcement
officer who captured or destroyed the dangerous wild animal or
restricted snake for the costs incurred in capturing or destroying
the animal or snake. However, if the law enforcement officer is a
state highway patrol trooper or if a natural resources law
enforcement officer captured or destroyed the dangerous wild animal
or restricted snake, the person shall reimburse the state highway
patrol or department of natural resources, as applicable, for those
costs.

(D)(1)
Except as provided in division (D)(2) of this section, money
collected under division (C) of this section shall be credited to a
special fund, which is hereby created in the applicable political
subdivision. Money in the special fund shall be used exclusively for
the administration and enforcement of this chapter and rules.

(2)
Money collected under division (C) of this section for costs incurred
by a state highway patrol trooper or a natural resources law
enforcement officer under this section shall be deposited in the
state treasury to the credit of the
dangerous
and restricted
animal

and
consumer protection
fund
created in section
935.25

943.26

of
the Revised Code.

(3)
If law enforcement officers from more than one jurisdiction assist in
the capture or destruction of a dangerous wild animal or restricted
snake, the money collected shall be proportionally distributed to
each political subdivision's special fund and the dangerous and
restricted animal fund, if applicable.

Sec.
935.17.
The
director of agriculture shall adopt rules in accordance with Chapter
119. of the Revised Code that establish all of the following:

(A)
Both of the following concerning the registration of dangerous wild
animals under section 935.04 of the Revised Code:

(1)
Any additional information that must be included with a registration;

(2)
Standards for the care and housing of registered dangerous wild
animals, including standards for the proper care of each species of
dangerous wild animal and caging and fencing of the animals.

The
director shall adopt rules under division (A) of this section not
later than ninety days after
the
effective date of this section

September
5, 2012
.

(B)
Standards for the care and well-being of dangerous wild animals
specified in divisions (C)(1) to (19) of section 935.01 of the
Revised Code that are possessed by the holders of wildlife shelter
permits and wildlife propagation permits issued under this chapter.
The standards shall govern at least sanitation for, provision of
health care for, and feeding, caging, housing, and fencing of
dangerous wild animals. In adopting rules under this division, the
director shall consider the following factors:

(1)
Best management practices for the care and well-being of dangerous
wild animals;

(2)
Public health and safety;

(3)
Biosecurity;

(4)
The prevention of disease;

(5)
Animal morbidity and mortality data;

(6)
Generally accepted veterinary medical practices;

(7)
Standards adopted by the association of zoos and aquariums;

(8)
Standards adopted by the zoological association of America;

(9)
Standards established in the federal animal welfare act;

(10)
Ethical standards established by the American veterinary medical
association;

(11)
Any other factors that the director considers necessary for the
proper care and well-being of dangerous wild animals in this state.

(C)
Standards for the housing of dangerous wild animals specified in
division (C)(20) of section 935.01 of the Revised Code that are
possessed by the holders of wildlife shelter permits and wildlife
propagation permits issued under this chapter;

(D)
All of the following concerning applications for permits issued under
sections 935.06 and 935.07 of the Revised Code:

(1)
Any additional information that must be included with a permit
application;

(2)
Criteria for determining what constitutes a species survival program
for the purposes of division (A) of section 935.07 of the Revised
Code and requirements and procedures that are necessary to determine
if a program meets those criteria;

(3)
The content of the examination specified in division (B)(6) of
section 935.05 of the Revised Code. The rules shall require the
examination to test an applicant's knowledge on topics that include
proper diet, health care, exercise needs, and housing of the species
of dangerous wild animal or animals that are the subject of the
application.

(4)
Procedures and requirements concerning the administration of the
examination specified in division (B)(6) of section 935.05 of the
Revised Code.

(E)
All of the following concerning applications for permits issued under
sections 935.09 and 935.10 of the Revised Code:

(1)
Any additional information that must be included with a permit
application;

(2)
The content of the examination specified in division (B)(5) of
section 935.08 of the Revised Code. The rules shall require the
examination to test an applicant's knowledge on topics that include
proper diet, health care, and housing of the species of restricted
snake or snakes that are the subject of the application.

(3)
Procedures and requirements concerning the administration of the
examination specified in division (B)(5) of section 935.08 of the
Revised Code.

(F)
Both of the following concerning applications for permits issued
under section 935.101 of the Revised Code:

(1)
Information that must be included in a permit application;

(2)
Criteria and procedures for the issuance or denial of a permit.

(G)
Standards for the care and well-being of dangerous wild animals that
are possessed by the holders of permits issued under section 935.101
of the Revised Code. The standards shall govern at least sanitation
for, provision of health care for, and feeding, caging, housing, and
fencing of dangerous wild animals. In adopting the rules, the
director may consider the standards of care and housing established
in rules adopted under division (B) of this section and section
935.12 of the Revised Code.

(H)
Procedures and requirements governing the maintenance of records
under section 935.15 of the Revised Code;

(I)
Standards for signs that are required to be posted and displayed in
accordance with section 935.18 of the Revised Code;

(J)
The amount of civil penalties that may be assessed under section
935.24 of the Revised Code;

(K)

Procedures
and requirements governing the distribution of money under division
(B)(4) of section 935.25 of the Revised Code from the dangerous and
restricted animal fund created in that section;

(L)

Any
other provisions necessary to administer and enforce this chapter.

Sec.
935.20.
(A)
On and after January 1, 2014, the director of agriculture immediately
shall cause an investigation to be conducted if the director has
reason to believe that one of the following may be occurring:

(1)
A dangerous wild animal is possessed by a person who has not been
issued a wildlife shelter permit, wildlife propagation permit, or
rescue facility permit under this chapter.

(2)
A restricted snake is possessed by a person that has not been issued
a restricted snake possession permit or restricted snake propagation
permit under this chapter.

(3)
A dangerous wild animal or restricted snake is being treated or kept
in a manner that is in violation of this chapter or rules.

For
purposes of the investigation, the director or the director's
designee may order the animal or snake that is the subject of the
notification to be quarantined or may order the transfer of the
animal or snake to a facility that is on the list maintained by the
director under this section. If the director's designee orders the
animal or snake to be quarantined or transferred, the designee shall
provide a copy of the order to the director.

(B)
The director shall attempt to notify the person owning or possessing
an animal or snake that has been ordered to be quarantined or
transferred under division (A) of this section. The notice shall be
delivered in person or by certified mail. The director also may post
a copy of a quarantine order at two conspicuous locations on the
premises where the animal or snake is quarantined. The director shall
maintain a copy of an order issued under this section and evidence
that the director attempted to notify the person owning or possessing
the animal or snake.

(C)
A quarantine or transfer order issued under this section shall
contain all of the following:

(1)
The name and address of the person owning or possessing the animal or
snake, if known;

(2)
A description of the quarantined or transferred animal or snake;

(3)
A description of the premises affected by the quarantine or transfer;

(4)
The reason for the quarantine or transfer;

(5)
Any terms and conditions of the quarantine or transfer;

(6)
A notice that a person adversely affected by the order may request a
hearing to review the order.

(D)
A person that is adversely affected by a quarantine or transfer order
pertaining to a dangerous wild animal or restricted snake owned or
possessed by the person, within thirty days after the order is
issued, may request in writing an adjudication in accordance with
Chapter 119. of the Revised Code. A request for an adjudication does
not stay a quarantine or transfer order.

(E)
The owner of or person possessing a dangerous wild animal or
restricted snake that was quarantined or transferred under division
(A) of this section shall be responsible for all reasonable costs
associated with the quarantine or transfer, including the costs of
transportation, housing, food, and veterinary care for the animal or
snake. If such an owner or person is unable to pay for the reasonable
costs, the director shall certify the costs to the county auditor to
be assessed against any property of the owner or person and thereby
made a lien upon it and collected as other taxes. All money from the
collection of liens under this division shall be credited in
accordance with division (J) of this section.

(F)
If the state veterinarian determines that a dangerous wild animal or
restricted snake that was quarantined or transferred under division
(A) of this section is infected with or exposed to a dangerously
contagious or infectious disease or is seriously injured, the state
veterinarian shall so notify the director. The director may order the
animal or snake to be humanely euthanized by a veterinarian if the
state veterinarian has indicated that euthanization is medically
necessary.

(G)
A quarantine or transfer order issued under this section shall remain
in effect until one of the following occurs:

(1)
The director, after reviewing the results of the investigation
conducted under division (A) of this section, issues a written notice
of release.

(2)
A court of competent jurisdiction orders the quarantine or transfer
order to be terminated in a proceeding conducted under division (H)
of this section.

(3)
A court of competent jurisdiction orders the seizure of the dangerous
wild animal or restricted snake in a proceeding conducted under
division (H) of this section.

(H)
If, after reviewing the results of an investigation concerning a
dangerous wild animal or restricted snake conducted under division
(A) of this section and after resolution of any proceeding conducted
under division (D) of this section, the director determines that a
circumstance described in division (A)(1), (2), or (3) of this
section is or was occurring, the director shall initiate, in a court
of competent jurisdiction, a proceeding for the permanent seizure of
the animal or snake, as applicable. If the court affirms the
director's determination that a circumstance described in division
(A)(1), (2), or (3) of this section is or was occurring, the court
shall order the animal or snake seized and shall order the method of
disposition of the animal or snake. The court may order the person
owning or possessing the animal or snake to pay all reasonable costs
associated with the seizure and, if applicable, the costs associated
with the quarantine or transfer of the animal or snake, including the
costs of transportation, housing, food, and veterinary care of the
animal or snake. If the court does not affirm the director's
determination, the court shall order the quarantine or transfer order
to be terminated and the animal or snake to be returned to the person
owning or possessing it, if applicable.

(I)
The director may authorize any of the following to conduct an
investigation and order the quarantine or transfer of a dangerous
wild animal or restricted snake under division (A) of this section:

(1)
Employees of the department of agriculture;

(2)
Natural resources law enforcement officers with the consent of the
director of natural resources;

(3)
Employees of the department of health with the consent of the
director of health;

(4)
Employees of a board of health with the consent of the board;

(5)
Humane society agents appointed under section 1717.06 of the Revised
Code with the consent of the humane society;

(6)
Law enforcement officers with the consent of the sheriff of the
county or the chief law enforcement officer of the township or
municipal corporation, as applicable, by whom the law enforcement
officers are employed;

(7)
Law enforcement officers who are state highway patrol troopers with
the consent of the superintendent of the state highway patrol.

(J)
Money collected for reimbursement of costs associated with the
quarantine or transfer of dangerous wild animals and restricted
snakes under this section shall be credited to one of the following
funds, as applicable:

(1)
If the animal or snake was quarantined or transferred by an employee
of the department of agriculture or the department of health, a
natural resources law enforcement officer, or a law enforcement
officer who is a state highway patrol trooper, the
dangerous
and restricted
animal

and
consumer protection
fund
created in section
935.25

943.26

of
the Revised Code;

(2)
If the animal or snake was quarantined or transferred by an employee
of a board of health, a special fund, which is hereby created in each
health district, that shall be used exclusively for the
administration and enforcement of this chapter and rules;

(3)
If the animal or snake was quarantined or transferred by a humane
society agent, a special fund, which is hereby created in each county
that has a humane society, that shall be used exclusively for the
administration and enforcement of this chapter and rules;

(4)
If the animal or snake was quarantined or transferred by a law
enforcement officer who is not a state highway patrol trooper, the
special fund that is created in the political subdivision that
employs the law enforcement officer in division (D) of section 935.16
of the Revised Code.

(K)
The director shall maintain a list of facilities inside and outside
the state that the director determines are eligible to accept
dangerous wild animals and restricted snakes for the purposes of this
section.

Sec.
935.24.
(A)
The attorney general, upon request of the director of agriculture,
shall bring an action for injunction against any person who has
violated, is violating, or is threatening to violate this chapter or
rules. The court of common pleas in which an action for injunction is
filed has jurisdiction to and shall grant preliminary and permanent
injunctive relief upon a showing that the person against whom the
action is brought has violated, is violating, or is threatening to
violate this chapter or rules.

(B)(1)
The director may assess a civil penalty against any person that the
director determines is not in compliance with this chapter or rules.

(2)
The director shall afford the person an opportunity for an
adjudication under Chapter 119. of the Revised Code to challenge the
director's determination that the person is not in compliance with
this chapter or rules. However, the person may waive the right to an
adjudication.

(3)
If the opportunity for an adjudication is waived or if, after an
adjudication, the director determines that a violation has occurred
or is occurring, the director may issue an order and assess a civil
penalty in an amount established in rules against the violator. The
order and the assessment of the civil penalty may be appealed in
accordance with section 119.12 of the Revised Code.

(C)
Notwithstanding any other section of the Revised Code, money
resulting from any action taken under this section shall be credited
to the
dangerous
and restricted
animal

and
consumer protection
fund
created in section
935.25

943.26

of
the Revised Code.

Sec.
943.04.
(A)
Fees for the initial issuance of any license issued pursuant to
sections 943.02, 943.03, and 943.031 of the Revised Code, shall be
paid to the department of agriculture.

(B)
All annual renewal fees for the licenses shall be paid by the
applicant for the renewal of a license on or before the thirty-first
day of March of each year to the treasurer of state. Except for
license fees for small dealers, the fees
shall
be based on the number of head of livestock purchased, sold, or
exchanged, in this state, whichever is the greatest, during the
preceding calendar year. Those fees
for
dealers or brokers shall be
as
follows:

Less
than 1,000 head __________ $50.00 per annum;

For
1,001 to 10,000 head __________ $125.00 per annum;

For
more than 10,000 head __________
$250.00
per annum.

In
the event a dealer or broker operates more than one place where
livestock is purchased, sold, or exchanged, a fee shall be paid for
each place, but only the original purchase, sale, or exchange shall
be counted in computing the amount of the fee to be paid for each
place operated by the dealer or broker. Shipment between yards owned
or operated by the dealer or broker shall be exempt.

A
late fee of one hundred dollars shall be paid for each dealer or
broker license renewal application that is received after the
thirty-first day of March each year.

(C)(1)
A fee of
twenty-five

fifty

dollars
shall be paid by each small dealer.

If
a small dealer operates more than one place where livestock is
purchased, sold, or exchanged, a fee shall be paid for each place,
but only the original purchase, sale, or exchange shall be counted in
computing the amount of fee to be paid for each place operated by the
small dealer. Shipment between yards owned or operated by the small
dealer shall be exempt.

(2)
A late fee of
twenty-five

one
hundred
dollars
shall be paid for each small dealer license renewal application that
is received after the thirty-first day of March each year.

(D)
A fee of
twenty

thirty

dollars
shall be paid by each
licensed
weigher and each
employee
that is appointed by a small dealer, dealer, or broker as provided in
section 943.02 of the Revised Code.

(E)

A
fee of ten dollars shall be paid by each licensed weigher.

(F)

All
money collected under section 943.03 of the Revised Code and under
this section shall be credited to the animal and consumer protection

laboratory

fund
created in section
901.43

943.26

of
the Revised Code.

Sec.
943.16.
All
fines imposed and collected under section 943.99 of the Revised Code
shall be credited to the animal and consumer protection
laboratory

fund
created in section
901.43

943.26

of
the Revised Code.

Sec.
943.26.
The
animal and consumer protection fund is created in the state
treasury.
Notwithstanding
section 943.04 of the Revised Code,

The
fund shall consist of livestock dealer or broker fees and civil
penalties collected under this chapter,
all
money collected through the issuance of licenses to captive whitetail
deer licensees under this chapter
and
all money collected under section 942.04 of the Revised Code shall be
credited to the animal and consumer protection fund, which is hereby
created in the state treasury

and
any other money credited to it under the Revised Code
.
The director of agriculture shall use money in the fund to administer

Chapter
942. and
sections
943.20 to 943.26 of the Revised Code and rules

and
Chapters 935. and 942. of the Revised Code and rules adopted under
those chapters
.

Sec.
943.27.
(A)
The director of agriculture, after providing an opportunity for an
adjudication hearing under Chapter 119. of the Revised Code, may
assess a civil penalty against a person who has violated or is in
violation of sections 943.01 to 943.10 and 943.12 to 943.17 of the
Revised Code. If the director assesses a civil penalty, the director
shall do so as follows:

(1)
In an amount not exceeding five hundred dollars if, within five years
of the violation, the director has not previously assessed a civil
penalty against the person under this section;

(2)
In an amount not exceeding two thousand five hundred dollars if,
within five years of the violation, the director has previously
assessed one civil penalty against the person under this section;

(3)
In an amount not exceeding ten thousand dollars if, within five years
of the violation, the director has previously assessed two or more
civil penalties against the person under this section.

(B)
Money collected under division (A) of this section shall be deposited
in the state treasury to the credit of the animal and consumer
protection fund created in section 943.26 of the Revised Code.

Sec.
943.99.
(A)

Whoever
violates section 943.11 of the Revised Code is guilty of a felony of
the fifth degree.

(B)
Whoever violates sections 943.01 to 943.10 and 943.12 to 943.17 of
the Revised Code is guilty of a misdemeanor of the first degree.

Sec.
956.07.
(A)
A person who is applying for an annual license to operate a high
volume breeder or to act as or perform the functions of a dog broker
under section 956.04 or 956.05 of the Revised Code, as applicable,
shall include with the application for a license a nonrefundable
license application fee. The application fees are as follows:

(1)
For a high volume breeder:

(a)
One hundred fifty dollars if the high volume breeder annually sells
at least forty, but not more than sixty puppies to the public;

(b)
Two hundred fifty dollars if the high volume breeder annually sells
at least sixty-one, but not more than one hundred fifty puppies to
the public;

(c)
Three hundred fifty dollars if the high volume breeder annually sells
at least one hundred fifty-one, but not more than two hundred fifty
puppies to the public;

(d)
Five hundred dollars if the high volume breeder annually sells at
least two hundred fifty-one, but not more than three hundred fifty
puppies to the public;

(e)
Seven hundred fifty dollars if the high volume breeder annually sells
three hundred fifty-one or more puppies to the public;

(f)
If divisions (A)(1)(a) to (e) of this section do not apply, one
hundred and fifty dollars if either of the following applies:

(i)
The high volume breeder sells five or more adult dogs or puppies to a
dog broker or pet store.

(ii)
The high volume breeder keeps, houses, and maintains, at any given
time in a calendar year, more than forty puppies that are under four
months of age, that have been bred on the premises of the
establishment, and that have been primarily kept, housed, and
maintained from birth on the premises of the establishment.

(2)
For a dog broker, five hundred dollars.

(B)
Money collected by the director of agriculture from each application
fee submitted under this section shall be deposited in the state
treasury to the credit of the
high
volume breeder kennel control license
commercial
dog breeding
fund
created in section 956.18 of the Revised Code. The director shall use
fifty dollars of the application fee submitted by a high volume
breeder under this section or an amount equal to the fee charged for
the registration of a kennel under section 955.14 of the Revised Code
in the county in which the high volume breeder is located or will be
located, whichever is greater, to reimburse that county. The county
auditor shall deposit the transferred money into that county's dog
and kennel fund created under section 955.20 of the Revised Code.

Sec.
956.10.
(A)(1)
At least once annually, the director of agriculture or the director's
authorized representative shall inspect a high volume breeder that is
subject to licensure under this chapter and rules adopted under
section 956.03 of the Revised Code to ensure compliance with this
chapter and rules adopted under it, including the standards of care
established in rules adopted under that section.

(2)
The director or the director's authorized representative shall
inspect a boarding kennel when the director or the director's
authorized representative has received information that the boarding
kennel is breeding dogs and may be subject to licensure under this
chapter and rules adopted under section 956.03 of the Revised Code.

(B)
The director or the director's authorized representative may do any
of the following:

(1)
Upon receiving a complaint, inspect a high volume breeder that is
subject to licensure under this chapter and rules adopted under
section 956.03 of the Revised Code to ensure compliance with this
chapter and rules adopted under it;

(2)
Upon the request of a member of the public, a public official, or an
animal shelter for dogs, inspect any facility at which a person is
acting as or performing the functions of a dog broker to ensure such
compliance;

(3)
Upon receiving a complaint, inspect an animal rescue for dogs to
ensure compliance with section 956.06 of the Revised Code and
applicable rules adopted under section 956.03 of the Revised Code;

(4)
Conduct an inspection under this section during regular business
hours without providing notice in advance.

(C)
Inspections shall be conducted in accordance with rules adopted under
section 956.03 of the Revised Code. A record of each inspection shall
be made by the director or the director's authorized representative
who is responsible for the inspection in accordance with those rules.

(D)
The director or the director's authorized representative, upon proper
identification and upon stating the purpose and necessity of an
inspection, may enter at reasonable times on any public or private
property, real or personal, to inspect or investigate and to examine
or copy records in order to determine compliance with this chapter
and rules adopted under it. The director, the director's authorized
representative, or the attorney general upon the request of the
director may apply to the appropriate court in the county in which
inspection will occur for an appropriate court order or search
warrant as necessary to achieve the purposes of this chapter and
rules adopted under it.

(E)
No owner or operator of a high volume breeder, person acting as or
performing the functions of a dog broker, owner or operator of a
boarding kennel, or owner or operator of an animal rescue for dogs
shall interfere with an inspection or refuse to allow the director or
the director's authorized representative full access to all areas
where dogs are kept or cared for. If entry is refused or inspection
or investigation is refused, hindered, or thwarted by a high volume
breeder or dog broker, the director may suspend or revoke the
breeder's or broker's license in accordance with this chapter.

(F)(1)
The director may enter into a contract or agreement with a
veterinarian to conduct inspections under this section. The
veterinarian shall be considered the director's authorized
representative for the purposes of this section.

(2)
A veterinarian with whom the director has entered into a contract or
agreement under division (F)(1) of this section may inspect a high
volume breeder with whom the veterinarian has established a
veterinary-client-patient relationship as described in section
4741.04 of the Revised Code only every other year.

(3)
If the director determines that a veterinarian with whom the director
has entered into a contract or agreement under division (F)(1) of
this section has falsified any information submitted to the director
pursuant to an inspection, the director shall inform the veterinary
medical licensing board created by Chapter 4741. of the Revised Code
of the falsification.

(G)(1)
If entry that is authorized by division (D) of this section is
refused or if an inspection or investigation is refused, hindered, or
thwarted by intimidation or otherwise and if the director, an
authorized representative of the director, or the attorney general
applies for and obtains a court order or a search warrant under
division (D) of this section to conduct the inspection or
investigation, the owner or operator of the premises where entry was
refused or inspection or investigation was refused, hindered, or
thwarted, if found guilty of violating this chapter or rules adopted
under it, is liable to the director for all of the following:

(a)
The reasonable costs incurred by the director for the regular
salaries and fringe benefit costs of personnel assigned to conduct
the inspection or investigation from the time the court order or
search warrant was issued until the court order or search warrant is
executed;

(b)
The salary, fringe benefits, and travel expenses of the director, an
authorized representative of the director, or the attorney general
incurred in obtaining the court order or search warrant; and

(c)
Expenses necessarily incurred for the assistance of local law
enforcement officers in executing the court order or search warrant.

(2)
In the application for a court order or a search warrant, the
director, the director's authorized representative, or the attorney
general may request and the court, in its order granting the court
order or search warrant, may order the owner or operator of the
premises, if found guilty of violating this chapter or rules adopted
under it, to reimburse the director for any of the costs described in
division (G)(1) of this section that the court finds reasonable. From
money recovered under this division, the director shall do all of the
following:

(a)
Reimburse the attorney general for the costs incurred by the attorney
general in connection with proceedings for obtaining the court order
or search warrant;

(b)
Reimburse the political subdivision in which the premises is located
for the assistance of its law enforcement officers in executing the
court order or search warrant;

(c)
Deposit the remainder in the state treasury to the credit of the
high
volume breeder kennel control license
commercial
dog breeding
fund
created in section 956.18 of the Revised Code.

(H)
A dog warden appointed under Chapter 955. of the Revised Code or an
agent of a humane society entering on public or private property to
make investigations and inspections in accordance with Chapter 955.
or 1717. of the Revised Code, as applicable, shall report any
violations of this chapter and rules adopted under it to the director
or the director's authorized representative.

Sec.
956.13.
(A)
The director of agriculture, after providing an opportunity for an
adjudication hearing under Chapter 119. of the Revised Code, may
assess a civil penalty against a person who has violated or is
violating sections 956.01 to 956.18 of the Revised Code or rules
adopted under section 956.03 of the Revised Code.

(B)
A person who is assessed a civil penalty under this section is liable
for a civil penalty of not more than two thousand five hundred
dollars for a first violation, not more than five thousand dollars
for a second violation, and not more than ten thousand dollars for a
third or subsequent violation.

Each
day that a violation continues constitutes a separate violation.

(C)
Any person assessed a civil penalty under this section shall pay the
amount prescribed to the department of agriculture. The department
shall remit all money collected under this section to the treasurer
of state for deposit in the
high
volume breeder kennel control license
commercial
dog breeding
fund
created under section 956.18 of the Revised Code.

Sec.
956.16.
The
director of agriculture, the director's authorized representative, or
the attorney general may require the attendance of witnesses and the
production of books, records, papers, and dogs that are needed either
by the director or the attorney general or by any party to a hearing
before the director and for that purpose may issue a subpoena for any
witness or a subpoena duces tecum to compel the production of any
books, records, papers, or dogs. The subpoena shall be served by
personal service or by certified mail. If the subpoena is returned
because of inability to deliver, or if no return is received within
thirty days after the date of mailing, the subpoena may be served by
ordinary mail. If no return of ordinary mail is received within
thirty days after the date of mailing, service shall be deemed to
have been made. If the subpoena is returned because of inability to
deliver, the director or the attorney general may designate a person
or persons to effect either personal or residence service on the
witness. The person designated to effect personal or residence
service under this section may be the sheriff of the county in which
the witness resides or may be found or any other duly designated
person. The fees and mileage of the person serving the subpoena shall
be the same as those allowed by the courts of common pleas in
criminal cases and shall be paid from the funds of the department of
agriculture. Fees and mileage for the witness shall be the same as
those allowed for witnesses by the courts of common pleas in criminal
cases and, upon request of the witness following the hearing, shall
be paid from the money in the
high
volume breeder kennel control license
commercial
dog breeding
fund
created in section 956.18 of the Revised Code.

Sec.
956.18.
(A)
All money collected by the director of agriculture from
late
renewal fees under section 956.06, license fees under section 956.07,
and civil penalties assessed under section 956.13 of the Revised Code

fees
and civil penalties under this chapter
shall
be deposited in the state treasury to the credit of the
high
volume breeder kennel control license
commercial
dog breeding
fund,
which is hereby created. The fund shall also consist of money
appropriated to it.

(B)
The director shall use the money in the fund for the purpose of
administering
sections
956.01 to 956.18 of the Revised Code
this
chapter
and
rules adopted under

section
956.03 of the Revised Code that apply to those sections

it
.

Sec.
956.21.
(A)
The director of agriculture may issue a pet store license to an owner
or operator of a pet store when the owner or operator does all of the
following:

(1)
Applies for a license in accordance with this section and rules
adopted under section 956.03 of the Revised Code;

(2)
Affirms in writing that the owner or operator will maintain
compliance with the applicable requirements established under section
959.20 of the Revised Code;

(3)
Submits with the application for a pet store license a fee of five
hundred dollars.

(B)
The director of agriculture may deny, suspend, or revoke a license
issued under this section for a violation of division (A), (B), or
(C) of section 956.20 of the Revised Code or rules adopted under
section 956.03 of the Revised Code. The denial, suspension, or
revocation of a license is not effective until the licensee is given
written notice of the violation, a reasonable amount of time to
correct the violation, if possible, and an opportunity for a hearing.

The
director also may refuse to issue a license under division (B) of
this section if the applicant has violated division (A), (B), or (C)
of section 956.20 of the Revised Code or the rules adopted under
section 956.03 of the Revised Code during the thirty-six-month period
prior to submitting an application for the license.

(C)
Any license issued under this section is valid for a period of one
year from the date of issuance. A pet store license must be renewed
annually in the manner provided in rules adopted under section 956.03
of the Revised Code.

(D)
Money collected by the director of agriculture from each application
fee submitted under this section shall be deposited in the state
treasury to the credit of the
pet
store license
commercial
dog breeding
fund
created in section
956.181

956.18

of
the Revised Code.

(E)
No owner, operator, or manager of a pet store shall negligently
display, offer for sale, deliver, barter, auction, broker, give away,
transfer, or sell any live dog from a pet store in this state unless
a license has been issued for the pet store by the director of
agriculture in accordance with this section and rules adopted under
section 956.03 of the Revised Code.

Sec.
956.22.
(A)
The director of agriculture, after providing an opportunity for an
adjudication hearing under Chapter 119. of the Revised Code, may
assess a civil penalty against a person who has violated or is
violating division (A), (B), or (C) of section 956.20 of the Revised
Code or division (E) of section 956.21 of the Revised Code.

(B)
The person who is assessed a civil penalty under this section is
liable for a civil penalty of not more than two thousand five hundred
dollars for a first violation, not more than five thousand dollars
for a second violation, and not more than ten thousand dollars for a
third or subsequent violation.

(C)
Any person assessed a civil penalty under this section shall pay the
amount prescribed to the department of agriculture. The department
shall remit all money collected under this section to the treasurer
of state for deposit in the
pet
store license
commercial
dog breeding
fund
created under section
956.181

956.18

of
the Revised Code.

Sec.
956.23.
The
regulation of pet stores is a matter of general statewide interest
that requires statewide regulation. Sections
956.181

956.19

to
956.23 of the Revised Code and section 956.99 of the Revised Code
constitute a comprehensive plan with respect to all aspects of the
regulation of pet stores. Accordingly, it is the intent of the
general assembly to preempt any local ordinance, resolution, or other
law adopted to regulate the sale, delivery, barter, auction, broker,
or transfer of a dog to a person from a pet store.

Sec.
1310.251.
(A)(1)
As used in this section, "excess wear and use waiver" means
a contractual agreement that is part of, or a separate addendum to, a
lease agreement for use of a motor vehicle, under which the lessor
agrees, with or without a separate charge, to do one or both of the
following:

(a)
Cancel or waive all or part of amounts that may become due under a
lessee's lease agreement as a result of excess wear and use of a
motor vehicle;

(b)
Cancel or waive amounts due for excess mileage.

(2)
"Motor vehicle" has the same meaning as in section 4501.01
of the Revised Code and also includes utility vehicles and
under-speed vehicles as defined in that section.

(B)
The terms of a related motor vehicle lease shall not be conditioned
upon the consumer's payment for any excess wear and use waiver.
Excess wear and use waivers may be discounted or given at no extra
charge in connection with the purchase of other noncredit related
goods or services.

(C)
Notwithstanding any provision of the Revised Code to the contrary, an
excess wear and use waiver is not an insurance product.

Sec.
1311.04.
(A)(1)
Prior to the performance of any labor or work or the furnishing of
any materials for an improvement on real property which may give rise
to a mechanics' lien under sections 1311.01 to 1311.22 of the Revised
Code, the owner, part owner, or lessee who contracts for the labor,
work, or materials shall record in the office of the county recorder
for each county in which the real property to be improved is located
a notice of commencement in substantially the form specified in
division (B) of this section.

(2)
Only one notice of commencement is required to be filed for a single
improvement and if more than one notice of commencement is filed for
a single improvement, all notices filed after the original notice
shall be deemed to be amendments to the original notice. If an owner,
part owner, or lessee contracts with additional original contractors,
lenders, or sureties not identified in the original notice of
commencement filed for the improvement, the owner, part owner, or
lessee shall amend the original notice of commencement to identify
the additional original contractors, lenders, and sureties. The date
of the filing of the amended notice is the date of the filing of the
original notice of commencement.

(B)
The notice of commencement required under division (A) of this
section shall contain, in affidavit form, all of the following
information:

(1)
The legal description of the real property on which the improvement
is to be made. For purposes of this division, a description
sufficient to describe the real property for the purpose of
conveyance, or contained in the instrument by which the owner, part
owner, or lessee took title, is a legal description.

(2)
A brief description of the improvement to be performed on the
property containing sufficient specificity to permit lien claimants
to identify the improvement;

(3)
The name, address, and capacity of the owner, part owner, or lessee
of the real property contracting for the improvement;

(4)
The name and address of the fee owner of the real property, if the
person contracting for the improvement is a land contract vendee or
lessee;

(5)
The name and address of the owner's, part owner's, or lessee's
designee, if any;

(6)
The name and address of all original contractors, except that if the
notice of commencement is recorded for an improvement involving a
single- or double-family dwelling and if more than one original
contractor is involved, instead of listing each original contractor,
the owner shall state that multiple original contractors are involved
in the improvement;

(7)
The date the owner, part owner, or lessee first executed a contract
with an original contractor for the improvement;

(8)
The name and address of all lending institutions which provide
financing for the improvements, if any;

(9)
The name and address of all sureties on any bond which guarantee
payment of the original contractor's obligations under the contract
for the improvement, if any;

(10)
The following statement:

"To
Lien Claimants and Subsequent Purchasers:

Take
notice that labor or work is about to begin on or materials are about
to be furnished for an improvement to the real property described in
this instrument. A person having a mechanics' lien may preserve the
lien by providing a notice of furnishing to the above-named designee
and the above-named designee's original contractor, if any, and by
timely recording an affidavit pursuant to section 1311.06 of the
Revised Code.

A
copy of this notice may be obtained upon making a written request by
certified mail to the above-named owner, part owner, lessee,
designee, or the person with whom you have contracted."

(11)
The name and address of the person preparing the notice;

(12)
The following statement:

"The
expiration date for this notice of commencement is four years from
the date of recording unless a different date is specified herein."

(12)

(13)

An
affidavit of the owner, part owner, or lessee or the agent of the
owner, part owner, or lessee which verifies the notice.

(C)
If the notice of commencement furnished by or for an owner, part
owner, or lessee contains incorrect information, the owner, part
owner, or lessee is liable for any loss of lien rights of a lien
claimant and any actual expenses incurred by the lien claimant in
maintaining lien rights, including attorney's fees, if the loss and
expenses incurred are a direct result of the lien claimant's reliance
on the incorrect information.

Any
lien claimant who has included incorrect information in the
claimant's affidavit for a lien under section 1311.06 of the Revised
Code, as a result of incorrect information contained in the notice of
commencement, may file for record an amended affidavit for a lien.
The amended affidavit shall contain all of the information required
by section 1311.06 of the Revised Code for an original affidavit. The
lien claimant shall serve a copy of the amended affidavit on the
owner, part owner, or lessee as provided in section 1311.07 of the
Revised Code. The lien claimant may file the amended affidavit for
record at any time during the time that the lien acquired by the
original affidavit continues in effect under section 1311.13 of the
Revised Code. In no event shall the amended affidavit extend such
time period. The filing of an amended affidavit does not constitute a
waiver of the rights granted by this division.

(D)
Within ten days after the date a subcontractor, material supplier, or
laborer serves a written request upon the owner, part owner, or
lessee, or designee for a copy of the notice of commencement, the
owner, part owner, lessee, or designee shall serve a copy of the
notice of commencement to the requesting subcontractor, material
supplier, or laborer.

(E)
Within ten days after the date a subcontractor, material supplier, or
laborer serves a written request for a copy of the notice of
commencement upon the original contractor who has been provided with
a notice of commencement from the owner, part owner, or lessee, or
designee and with whom the subcontractor, material supplier, or
laborer has a direct contract, the original contractor shall serve a
copy of the notice of commencement to the requesting subcontractor,
material supplier, or laborer.

(F)
Within ten days after the date a subcontractor, material supplier, or
laborer serves a written request for a copy of the notice of
commencement upon the subcontractor who has been provided with a
notice of commencement from the owner, part owner, lessee, designee,
or original contractor and with whom the subcontractor, material
supplier, or laborer has a direct contract, the subcontractor shall
serve a copy of the notice of commencement upon the requesting
subcontractor, material supplier, or laborer.

(G)(1)
Except as provided in division (G)(2) of this section, the owner,
part owner, lessee, or designee shall post and maintain posted a copy
of the notice of commencement in a conspicuous place on the real
property described in the notice during the course of the actual
physical improvement to the real property.

(2)
No owner, part owner, lessee, or designee, has to post a copy of the
notice of commencement on the real property described in the notice
for an improvement that is the subject of a home purchase contract.

(H)
The owner, part owner, lessee, or designee shall serve a copy of the
notice of commencement upon the original contractor. If the owner,
part owner, lessee, or designee fails to serve a copy of the notice
of commencement upon the original contractor, the owner, part owner,
or lessee is liable to the original contractor for all actual
expenses incurred by the original contractor in obtaining the
information otherwise provided by the notice of commencement.

(I)
If the owner, part owner, lessee, or designee fails to record the
notice of commencement in accordance with this section, the time
within which a subcontractor or material supplier may serve a notice
of furnishing as required by section 1311.05 of the Revised Code is
extended until twenty-one days after the notice of commencement has
been recorded. A subcontractor or material supplier need not serve a
notice of furnishing to preserve lien rights for the period before
the notice of commencement is recorded.

(J)
If the owner, part owner, lessee, or designee fails to serve, upon
written request, the notice of commencement in accordance with this
section, the time within which a subcontractor or material supplier
may serve a notice of furnishing as required by section 1311.05 of
the Revised Code is extended until twenty-one days after the notice
of commencement actually has been served to the subcontractor or
material supplier. The owner, part owner, or lessee who fails to
serve the notice pursuant to this section is liable to any
subcontractor or material supplier who becomes a lien claimant for
all actual expenses incurred by the lien claimant in obtaining the
information that would have been contained in the notice.

(K)
If an owner, part owner, lessee, or designee fails to post or
maintain a copy of the notice of commencement as required by division
(G)(1) of this section, the owner, part owner, or lessee is liable to
a subcontractor, material supplier, or laborer who becomes a lien
claimant for all actual expenses incurred by the lien claimant in
obtaining the information otherwise provided by the posting.

(L)
If an original contractor or subcontractor who has been provided with
a notice of commencement fails to serve a copy of the notice of
commencement to any subcontractor, material supplier, or laborer who
requests it, the original contractor or subcontractor who fails to
serve the copy of the notice is liable to the subcontractor, material
supplier, or laborer who made the request for all costs incurred by
the subcontractor, material supplier, or laborer in obtaining the
information contained in the notice of commencement, provided that an
original contractor or subcontractor who fails to provide the notice
upon request is not liable under this division to any subcontractor,
material supplier, or laborer with whom the original contractor or
subcontractor is not in direct privity of contract.

(M)(1)
If after the first work, labor, or material has been performed on or
furnished to the improvement, the owner, part owner, lessee, or
designee fails to serve, record, or post a notice of commencement as
required by this section, the original contractor may, in writing,
request the owner, part owner, lessee, or designee to serve, record,
or post the notice. If an owner, part owner, lessee, or the designee
of an owner, part owner, or lessee fails or refuses to serve, record,
or post a notice of commencement within ten days of receipt of a
request, the owner, part owner, or lessee is liable for the owner's,
part owner's, or lessee's failure or refusal and for the designee's
failure or refusal, without recourse to the original contractor for
all damages, costs, and expenses which result from the filing of a
valid mechanics' lien to the extent that the lien, damages, costs,
and expenses could have been avoided through proper payment.

(2)
Nothing in this division shall be interpreted as to either of the
following:

(a)
Relieving an original contractor from the duty to pay the original
contractor's subcontractors, material suppliers, and laborers for
labor or work performed or materials furnished pursuant to a contract
directly with the original contractor;

(b)
Obligating an owner, part owner, or lessee to pay for work or labor
performed or materials furnished by subcontractors, material
suppliers, or laborers pursuant to direct contracts with the original
contractor.

(N)(1)
If the owner, part owner, or lessee fails to record a notice of
commencement or an amended notice, any person holding a mortgage on
the real property to be improved may record a notice of commencement
or an amended notice on behalf of the owner, part owner, or lessee.
If the owner, part owner, or lessee fails to record a notice of
commencement or an amended notice within the later of ten days after
the performance of any labor or work or the furnishing of any
material for an improvement on real property which gives rise to a
mechanics' lien under sections 1311.01 to 1311.22 of the Revised Code
or three days after service of a demand to record the notice or
amended notice by the original contractor, the original contractor
may record a notice of commencement or an amended notice on behalf of
the owner, part owner, or lessee.

(2)
If the original contractor or a mortgage holder has recorded a notice
of commencement or an amended notice on behalf of the owner, part
owner, or lessee, the owner, part owner, or lessee is liable to the
original contractor or mortgage holder for all costs and expenses
incurred in obtaining the information contained in the notice of
commencement or an amended notice and all costs incurred in the
preparation and recording of the notice of commencement or an amended
notice.

(3)
Unless required to file the notice of commencement or an amended
notice on behalf of the owner, part owner, or lessee, the party
filing a written notice of commencement or amended notice on behalf
of the owner, part owner, or lessee is not liable to the owner, part
owner, or lessee for any errors contained in the notice of
commencement or amended notice.

(4)
If a mortgage holder or an original contractor records a notice of
commencement or amended notice on behalf of an owner, part owner, or
lessee, such fact must be included on the notice or amended notice.

(O)
This section does not apply to a home construction contract as
defined in section 1311.011 of the Revised Code, except that when a
lending institution as defined in division (A)(3) of section 1311.011
of the Revised Code requires that a notice of commencement be
recorded as part of the financing for a home construction contract,
which is secured in whole or in part by a mortgage on real estate
upon which the improvements are to be constructed, the owner, part
owner, or lessee may file a notice of commencement pursuant to this
section by recording the notice of commencement in the county
recorder's office of the county where the owner, part owner, or
lessee's property is located. If the property is located in more than
one county, the owner, part owner, or lessee shall record the notice
of commencement in the county recorders' office of each county in
which the property is located.

If
the owner, part owner, or lessee files a notice of commencement
pursuant to this division, the attachment, continuance, and priority
provisions of section 1311.13 of the Revised Code apply to that
improvement, but the notice of furnishing requirements specified in
section 1311.05 of the Revised Code do not apply to that improvement.

(P)
The county recorder of the county where a notice of commencement is
filed for record shall endorse the date and hour of its filing and
cause it to be recorded as mechanics' liens are recorded, and collect
the same fees for recording the notice of commencement as are
provided in section 317.32 of the Revised Code. The recorder shall
index the real property described in the notice of commencement and
shall index the names of all owners, part owners, lessees, and land
contract vendees in the direct index and the names of all original
contractors in the reverse index as provided for in section 317.18 of
the Revised Code.

(Q)
Notwithstanding this section, if the owner, part owner, or lessee is
a telephone company, an electric light company, a gas company, a
water works company, all as defined in section 4905.03 of the Revised
Code, or a subsidiary or affiliate thereof, the owner, part owner, or
lessee may, but is not required to, record a notice of commencement
pursuant to division (A) of this section, and is not required to
serve, post, and provide copies of a notice of commencement pursuant
to divisions (D), (G), and (H) of this section unless such owner,
part owner, or lessee elects to record the notice of commencement. If
the owner, part owner, or lessee elects to record the notice of
commencement and the improvement extends beyond one parcel of real
property or one county, the owner, part owner, or lessee may, in lieu
of using the legal description required in division (B)(1) of this
section, use a description which reasonably describes the real
property on which the improvement is to be made. Any description used
other than the description specified in division (B)(1) of this
section shall refer to the township and county in which the
improvement is located, the name and route number of any local,
state, or federal highway near the improvement, if any, the post
office address of the real property, if any, and the name by which
the owner, part owner, or lessee refers to the improvement.

If
an owner, part owner, or lessee elects not to record, serve, post, or
provide copies of a notice of commencement pursuant to divisions (A),
(D), (G)(1), and (H) of this section, the owner, part owner, or
lessee is subject to all applicable liabilities pursuant to divisions
(C), (H), (J), (K), (M), and (N) of this section.

(R)
If an owner, part owner, lessee, or designee fails to record a notice
of commencement in accordance with this section, no subcontractor or
material supplier who performs labor or work upon or furnishes
material in furtherance of that improvement has to serve a notice of
furnishing in accordance with section 1311.05 of the Revised Code in
order to preserve the subcontractor's or material supplier's lien
rights.

(S)
A notice of commencement filed as provided herein expires
six

four

years
after its filing date unless the notice of commencement or amendments
made to the notice of commencement specify otherwise.

(T)(1)
An owner, part owner, or lessee of real property who contracts for an
improvement, or that person's agent may, upon completion of the
improvement, submit an affidavit to the office of the county recorder
for each county in which the real property that was improved is
located stating all of the following:

(a)
The name, address, and capacity of the owner, part owner, or lessee,
or the agent of the owner, part owner, or lessee of the real
property;

(b)
The recording reference for the previously filed notice of
commencement;

(c)
That the improvement is complete.

(2)
Upon receipt of an affidavit described in division (T)(1) of this
section, the county recorder of the county where the affidavit is
submitted shall indicate in the official records that the notice of
commencement has expired.

(3)
The owner, part owner, or lessee of the real property who contracted
for the improvement shall serve a copy of the recorded affidavit
submitted pursuant to division (T)(1) of this section, by regular
mail, upon the original contractor as well as any subcontractor or
lower tier project participant that served a notice of furnishing
pursuant to section 1311.05 of the Revised Code.

(4)
Service, lack of service, or a deficiency in service of the recorded
affidavit under division (T)(3) of this section does not:

(a)
Affect the expiration of the notice of commencement;

(b)
Extend the rights of any party seeking to file an affidavit of
mechanic's lien;

(c)
Affect any time periods or other rights, requirements, or limitations
that are set forth in this chapter.

(U)
The expiration of a notice of commencement pursuant to division (S)
or (T)(2) of this section does not affect the attachment,
continuance, or priority of any lien under sections 1311.13, 1311.14,
and 1311.15 of the Revised Code.

Sec.
1311.252.
(A)
Prior to the performance of any labor or work or the furnishing of
any materials in furtherance of a public improvement, the public
authority shall prepare a notice of commencement in substantially the
form specified in division (B) of this section which shall be made
readily available to the public upon request.

(B)
The notice of commencement required under division (A) of this
section shall contain
in
affidavit form
all
of the following information:

(1)
The name, location, and a number, if any, used by the public
authority to identify the public improvement sufficient to permit the
public improvement to be identified;

(2)
The name and address of the public authority;

(3)
The name, address, and trade of all principal contractors;

(4)
The date the public authority first executed a contract with a
principal contractor for the public improvement;

(5)
The name and address of the sureties for all principal contractors;

(6)
The name and address of the representative of the public authority
upon whom service shall be made for the purposes of serving an
affidavit pursuant to section 1311.26 of the Revised Code.

(C)
If the notice of commencement is not made available to the public
prior to the commencement of work on the public improvement or if the
notice of commencement furnished by the public authority contains
incorrect information which the claimant relies upon to
his

the
claimant's

detriment, the unavailability of the notice or the incorrect notice
shall not adversely affect the rights of any claimant under sections
1311.25 to 1311.32 of the Revised Code.

Sec.
1317.05.
(A)
Any retail seller who, in any retail installment contract, has agreed
to purchase insurance for the retail buyer and to extend credit for
the price thereof, excluding single interest insurance, shall, prior
to the due date of the first installment of the retail installment
contract, deliver to the retail buyer personally, or mail or cause to
be mailed to the retail buyer at the retail buyer's address as shown
on the retail installment contract, the policy of insurance, or in
lieu thereof a certificate of insurance, or the retail buyer is not
liable on the retail buyer's retail installment contract until the
policy, or certificate of insurance, is received, or full refund is
made of the insurance premium.

If
the premium for insurance of like kind and amount, as fixed in the
published manual of a recognized standard rating bureau designated by
the retail seller, is less than the amount charged the retail buyer
as fixed in the written instrument in compliance with division (D) of
section 1317.04 of the Revised Code, the retail buyer may deduct an
amount equal to three times the difference from the amount owed the
retail seller, or the retail seller's successor in interest. Sections
1317.01 to 1317.11 of the Revised Code do not impair the authority of
the superintendent of insurance to grant, renew, or revoke licenses,
nor do said sections authorize anyone other than a licensee of the
division of insurance to directly or indirectly receive any part of
the amount charged for insurance in connection with any retail
installment sale.

(B)
As used in this division, "debt cancellation or debt suspension
product" means a contractual agreement in which a retail seller,
or its assignee, agrees for a separate charge to cancel or waive all
or a part of amounts due on a retail buyer's retail installment
contract in the event of a total physical damage loss or unrecovered
theft of the motor vehicle that is the subject of the contract. "Debt
cancellation or debt suspension product" includes a guaranteed
asset protection waiver, guaranteed auto protection waiver, or other
similarly named agreement.

A
"debt cancellation or debt suspension product" may also
provide, with or without a separate charge, a benefit that waives an
amount, or provides a borrower with a credit, towards the purchase of
a replacement motor vehicle.

A
debt cancellation or debt suspension product, and an addendum to a
retail installment contract containing a debt cancellation or debt
suspension product, shall be considered a part of the retail
installment contract and shall remain a part of that contract upon
the assignment, sale, or transfer of that contract. The charge for
any
optional

debt
cancellation or debt suspension product shall be listed as a specific
good

and
shall not be considered a finance charge or interest
.
The purchase price and the terms of the debt cancellation or debt
suspension product shall be disclosed in writing to the buyer. The
extension of credit, terms of the credit, or the terms of the related
motor vehicle sale or lease shall not be conditioned on the purchase
of the debt cancellation or debt suspension product. Notwithstanding
any other provision of law, a debt cancellation or debt suspension
product shall not be considered insurance.

(C)
Single interest insurance shall be listed as a specific good in a
retail installment contract.

(D)
As used in this section, "single interest insurance" means
insurance that covers only the interest of the holder of the retail
installment contract.

Sec.
1317.06.
(A)
A retail seller at the time of making any retail installment sale may
charge and contract for the payment of a finance charge by the retail
buyer and collect and receive the same, which shall not exceed the
greater of the following:

(1)
A base finance charge at the rate of eight dollars per one hundred
dollars per year on the principal balance of the retail installment
contract. On retail installment contracts providing for principal
balances less than, nor not in multiples of one hundred dollars, or
for installment payments extending for a period less than or greater
than one year, said finance charge shall be computed proportionately.
In addition to the base finance charge, the retail seller may charge
and contract for a service charge of fifty cents per month for the
first fifty dollar unit or fraction thereof, of the principal balance
for each month of the term of the installment contract; and an
additional service charge of twenty-five cents per month for each of
the next five fifty dollar units or fraction thereof, of the
principal balance for each month of the term of the installment
contract. This paragraph applies only to retail installment contracts
with a principal balance of seven hundred dollars or less.

(2)
A pre-computed base finance charge not in excess of the amount
obtained by applying the rate of one and one-half per cent per month
to the unpaid portion of the unpaid principal balance determined to
be outstanding from time to time according to the terms and schedule
of payments of the retail installment contract executed in connection
with such retail installment sale.

Such
base finance charge and service charges may be computed on a basis of
a full month for any fractional period in excess of ten days. For a
fractional period of a month not in excess of ten days, there shall
be no base finance charge or service charge.

Sections
1317.01 to 1317.11 of the Revised Code do not apply to any sale in
which the base finance and service charge does not exceed the sum of
fifteen dollars.

(B)
Every retail seller may, at the time of making any retail installment
sale, contract for the payment by the retail buyer of lawful
delinquent charges as follows:

(1)
No charges shall be made for delinquent payments less than ten days
late.

(2)
Five cents for each dollar for a delinquent payment that is more than
ten days late may be charged, but in no event shall a delinquent
charge for any one installment exceed three dollars.

A
provision for the payment of interest on any installment not paid in
full on or before its scheduled due date at a rate not to exceed one
and one-half per cent interest per month is not a delinquent charge
and is expressly authorized.

(C)
(C)(1)

No retail installment contract arising out of a consumer transaction
and requiring the payment of the charges authorized by this section
shall be executed unless the combined total of the cash price and all
finance charges and service charges is required to be paid according
to
a

one
of the following:

(a)
A
schedule
of substantially equal consecutive installments, except where the
contract contains a provision allowing the buyer to refinance the
contract under terms no less favorable than those of the original
contract after making the refund credit required by section 1317.09
of the Revised Code
;

(b)
A schedule of periodic installments in which no scheduled installment
is more than fifty per cent greater than any other scheduled
installment, except where the contract contains a provision allowing
the buyer to refinance the contract under terms not less favorable
than those of the original contract after making the refund credit
required by section 1317.09 of the Revised Code
.

No

(2)
No
seller
shall, pursuant to any provision in a retail installment contract
arising out of a consumer transaction, accelerate any payments on
account of a default in the making of an installment payment that has
not continued for at least thirty days. Division (C) of this section
does not apply to the extent that the payment schedule is adjusted to
the seasonal or irregular income of the buyer.

Sec.
1321.21.
All
fees, charges, penalties, and forfeitures collected under Chapters
1321., 1322., 4712., 4727., and 4728., sections 1315.21 to 1315.30,
and sections 1349.25 to 1349.37 of the Revised Code shall be paid to
the superintendent of financial institutions and shall be deposited
by the superintendent into the state treasury to the credit of the
consumer finance fund, which is hereby created. The fund may be
expended or obligated by the superintendent for the defrayment of the
costs of administration of Chapters 1321., 1322., 4712., 4727., and
4728., sections 1315.21 to 1315.30, and sections 1349.25 to 1349.37
of the Revised Code by the division of financial institutions. All
actual and necessary expenses incurred by the superintendent,
including any services rendered by the department of commerce for the
division's administration of Chapters 1321., 1322., 4712., 4727., and
4728., sections 1315.21 to 1315.30, and sections 1349.25 to 1349.37
of the Revised Code, shall be paid from the fund. The fund shall be
assessed a proportionate share of the administrative costs of the
department and the division. The proportionate share of the
administrative costs of the division of financial institutions shall
be determined in accordance with procedures prescribed by the
superintendent. Such assessment shall be paid from the consumer
finance fund to the division of administration fund or the financial
institutions fund.

Periodically,
in accordance with a schedule the director establishes by rule, but
at least once every three months, the director of budget and
management shall transfer five per cent of all charges, penalties,
and forfeitures received into the consumer finance fund to the
financial literacy education fund created under section 121.085 of
the Revised Code.

Sec.
1347.08.
(A)
Every state or local agency that maintains a personal information
system, upon the request and the proper identification of any person
who is the subject of personal information in the system, shall:

(1)
Inform the person of the existence of any personal information in the
system of which the person is the subject;

(2)
Except as provided in divisions (C) and (E)(2) of this section,
permit the person, the person's legal guardian, or an attorney who
presents a signed written authorization made by the person, to
inspect all personal information in the system of which the person is
the subject;

(3)
Inform the person about the types of uses made of the personal
information, including the identity of any users usually granted
access to the system.

(B)
Any person who wishes to exercise a right provided by this section
may be accompanied by another individual of the person's choice.

(C)(1)
A state or local agency, upon request, shall disclose medical,
psychiatric, or psychological information to a person who is the
subject of the information or to the person's legal guardian, unless
one of the following determines for the agency that the disclosure of
the information is likely to have an adverse effect on the person: a
physician, including such a person who specializes as a psychiatrist;
an advanced practice registered nurse, including such a person who
specializes as a psychiatric-mental health nurse practitioner or
psychiatric clinical nurse specialist; or a psychologist. If such a
determination is made, the information shall be released to one of
the following who is designated by the person or by the person's
legal guardian: a physician, including such a person who specializes
as a psychiatrist; an advanced practice registered nurse, including
such a person who specializes as a psychiatric-mental health nurse
practitioner or psychiatric clinical nurse specialist; or a
psychologist.

(2)
Upon the signed written request of a licensed attorney at law, a
licensed physician, or an advanced practice registered nurse
designated by the inmate, together with the signed written request of
an inmate of a correctional institution under the administration of
the department of rehabilitation and correction, the department shall
disclose medical information to the designated attorney, physician,
or advanced practice registered nurse as provided in division (C) of
section 5120.21 of the Revised Code.

(D)
If an individual who is authorized to inspect personal information
that is maintained in a personal information system requests the
state or local agency that maintains the system to provide a copy of
any personal information that the individual is authorized to
inspect, the agency shall provide a copy of the personal information
to the individual. Each state and local agency may establish
reasonable fees for the service of copying, upon request, personal
information that is maintained by the agency.

(E)(1)
This section regulates access to personal information that is
maintained in a personal information system by persons who are the
subject of the information, but does not limit the authority of any
person, including a person who is the subject of personal information
maintained in a personal information system, to inspect or have
copied, pursuant to section 149.43 of the Revised Code, a public
record as defined in that section.

(2)
This section does not provide a person who is the subject of personal
information maintained in a personal information system, the person's
legal guardian, or an attorney authorized by the person, with a right
to inspect or have copied, or require an agency that maintains a
personal information system to permit the inspection of or to copy, a
confidential law enforcement investigatory record or trial
preparation record, as defined in divisions (A)(2) and (4) of section
149.43 of the Revised Code.

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

(1)
The contents of an adoption file maintained by the department of
health under sections 3705.12 to 3705.124 of the Revised Code;

(2)
Information contained in the putative father registry established by
section 3107.062 of the Revised Code, regardless of whether the
information is held by the department of
job
and family services
children
and youth
or,
pursuant to section 3111.69 of the Revised Code, the office of child
support in the department
of
job and family services
or
a child support enforcement agency;

(3)
Papers, records, and books that pertain to an adoption and that are
subject to inspection in accordance with section 3107.17 of the
Revised Code;

(4)
Records specified in division (A) of section 3107.52 of the Revised
Code;

(5)
Records that identify an individual described in division (A)(1) of
section 3721.031 of the Revised Code, or that would tend to identify
such an individual;

(6)
Files and records that have been expunged under division (D)(1) or
(2) of section 3721.23 of the Revised Code;

(7)
Records that identify an individual described in division (A)(1) of
section 3721.25 of the Revised Code, or that would tend to identify
such an individual;

(8)
Records that identify an individual described in division (A)(1) of
section 5165.88 of the Revised Code, or that would tend to identify
such an individual;

(9)
Test materials, examinations, or evaluation tools used in an
examination for licensure as a nursing home administrator that the
board of executives of long-term services and supports administers
under section 4751.15 of the Revised Code or contracts under that
section with a private or government entity to administer;

(10)
Information contained in a database established and maintained
pursuant to section
5101.13

5180.40

of
the Revised Code;

(11)
Information contained in a database established and maintained
pursuant to section 5101.631 of the Revised Code.

Sec.
1349.10.
(A)(1)
"Cable service provider" has the same meaning as in section
1332.01 of the Revised Code.

(2)
"Cloud service provider" means a third-party company
offering a cloud-based platform, infrastructure, application, or
storage services.

(3)
"Direct-to-home satellite service" has the same meaning as
in 47 U.S.C. 303, as amended.

(4)
"Identifying information" means photo identification or
public or private transactional data.

(5)
"Interactive computer service" has the same meaning as in
the "Telecommunications Act of 1996," 47 U.S.C. 230, as
amended.

(6)
"Internet provider" means a provider of internet service,
including all of the following:

(a)
Broadband service, however defined or classified by the federal
communications commission;

(b)
Information service or telecommunications service, both as defined in
the "Telecommunications Act of 1996," 47 U.S.C. 153, as
amended;

(c)
Internet protocol-enabled services, as defined in section 4927.01 of
the Revised Code.

(7)
"Mobile service" and "telecommunications carrier"
have the same meanings as in the "Telecommunications Act of
1996," 47 U.S.C. 153, as amended.

(8)
"Organization" means both of the following:

(a)
A commercial establishment that, for any form of consideration, has
as a significant or substantial portion of its stock-in-trade in,
derives a significant or substantial portion of its revenues from,
devotes a significant or substantial portion of its content or
advertising to, or maintains a substantial section of its sales or
online content display space for the sale, rental, or viewing of
materials that are obscene or harmful to juveniles;

(b)
A commercial establishment as defined in section 2907.38 of the
Revised Code. An establishment may have other principal business
purposes that do not involve selling, delivering, furnishing,
disseminating, providing, exhibiting, or presenting any material or
performance that is obscene or harmful to juveniles on the internet
and still be categorized as an organization subject to this section.
The existence of other principal business purposes does not exempt an
establishment from being categorized as an organization subject to
this section, so long as one of its principal business purposes
involves selling, delivering, furnishing, disseminating, providing,
exhibiting, or presenting any material or performance that is obscene
or harmful to juveniles on the internet.

(9)
"Photo identification" has the same meaning as in section
3501.01 of the Revised Code and includes any government-issued
identification issued by another state, district, country, or
sovereignty.

(10)
"Reasonable age verification methods" means the following:

(a)
Verifying that the person attempting to access the material or
performance that is obscene or harmful to juveniles is eighteen years
of age or older through the use of a commercial age verification
system that uses photo identification or public or private
transactional data to verify the person's age;

(b)
Using third-party and governmental databases that use a commercial
age verification system that uses photo identification or public or
private transactional data to verify the person's age.

(11)
"Transactional data" means a sequence of information that
documents an exchange, agreement, or transfer between a person,
organization, or third party for the purpose of satisfying a request
or event. "Transactional data" includes mortgage,
educational, and employment records.

(12)
"Video service provider" has the same meaning as in section
1332.21 of the Revised Code.

(B)
An organization that sells, delivers, furnishes, disseminates,
provides, exhibits, or presents any material or performance that is
obscene or harmful to juveniles on the internet shall do all of the
following:

(1)
Verify that any person attempting to access the material or
performance that is obscene or harmful to juveniles is eighteen years
of age or older through reasonable age verification methods;

(2)
Verify that any person creating an account or subscription to access
any material or performance that is obscene or harmful to juveniles
is eighteen years of age or older through reasonable age verification
methods. The organization shall reverify the age of the person every
two years thereafter.

(3)(a)
Utilize a geofence system maintained and monitored by a licensed
location-based technology provider to dynamically monitor the
geolocation of persons attempting to access or creating an account or
subscription to access the material or performance that is obscene or
harmful to juveniles;

(b)
The location-based technology provider shall perform a geolocation
check to dynamically monitor the person attempting to access or
creating an account or subscription to access the material or
performance that is obscene or harmful to juveniles and the person's
location.

(c)
If the location-based technology provider determines that a person is
located in this state, the organization that sells, delivers,
furnishes, disseminates, provides, exhibits, or presents any material
or performance that is obscene or harmful to juveniles on the
internet shall block that person until the person's age has been
verified using reasonable age verification methods.

(4)
Implement a notification mechanism to alert persons attempting to
access or creating an account or subscription to access the material
or performance that is obscene or harmful to juveniles, of a
geolocation check failure.

(C)(1)(a)
Except as otherwise provided in division (C)(1)(b) of this section,
an organization that sells, delivers, furnishes, disseminates,
provides, exhibits, or presents any material or performance that is
obscene or harmful to juveniles on the internet and verifies the age
of the person creating an account or subscription to access the
material or performance that is obscene or harmful to juveniles on
the internet shall do the following:

(i)
Immediately delete all information gathered for the purpose of age
verification after the age verification is completed, except the
information maintained for account and subscription access and for
billing purposes;

(ii)
Upon the request of the account holder or subscriber, immediately
delete the data maintained for user access to the account or
subscription and for billing purposes;

(iii)
Develop and maintain a data privacy policy compliant with federal and
state law and maintain data in a manner that is reasonably secure.

(b)
On the expiration of two years after the creation of the account or
subscription, the organization shall immediately delete all
information relative to the creation of the user's account or
subscription and any information maintained for billing purposes,
unless the account holder or subscriber renews the account or
subscription.

(2)
An organization that sells, delivers, furnishes, disseminates,
provides, exhibits, or presents any material or performance that is
obscene or harmful to juveniles on the internet and verifies the age
of the person attempting to access the material or performance that
is obscene or harmful to juveniles on the internet shall do both of
the following:

(a)
Immediately delete all information gathered for the purpose of age
verification after age verification is completed;

(b)
Develop and maintain a data privacy policy compliant with federal and
state law and maintain data in a manner that is reasonably secure.

(3)
An organization described in division (C)(1) or (2) of this section
shall immediately delete any identifying information, except the
information required for the purpose of granting a person access to
the account or subscription and for billing the account or
subscription, that is used for age verification of the person
attempting to access or creating an account or subscription to access
any material or performance on the internet that is obscene or
harmful to juveniles after age verification is completed.

(4)
An organization as described in division (C)(1) or (2) of this
section shall not transfer any information collected, except for the
purpose of age verification. Any party who receives transferred
information for age verification purposes shall immediately delete
all information gathered for the purpose of age verification after
age verification is completed.

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

(1)
A person who, while employed or contracted by a newspaper, magazine,
press association, news agency, news wire service, radio or
television station, or similar media, is gathering, processing,
transmitting, compiling, editing, or disseminating information for
the general public;

(2)
A provider of an interactive computer service;

(3)
A mobile service;

(4)
An internet provider;

(5)
A cable service provider;

(6)
A direct-to-home satellite service;

(7)
A video service provider;

(8)
A cloud service provider.

Sec.
1349.101.
(A)
The attorney general may bring a civil action against an organization
that sells, delivers, furnishes, disseminates, provides, exhibits, or
presents any material or performance that is obscene or harmful to
juveniles on the internet that fails to comply with the requirements
under divisions (B)(1) or (2) or (C)(1) or (2) of section 1349.10 of
the Revised Code and as a result of that failure a minor gains access
to the material or performance. Before initiating such an enforcement
action, the attorney general shall provide written notice to the
organization identifying and explaining the basis for each instance
of alleged violation.

(B)
Except as otherwise provided in division (D) of this section, the
attorney general shall not commence an enforcement action if the
organization, within forty-five days after notice of the alleged
violation is sent, does both of the following:

(1)
Cures all violations described in the notice:

(2)
Provides the attorney general with a written statement indicating
that the violations are cured and agreeing to refrain from further
noncompliance of the requirements under divisions (B)(1) or (2) or
(C)(1) or (2) of section 1349.10 of the Revised Code.

(C)
If the organization does not timely respond or continues to fail to
comply with the requirements under divisions (B)(1) or (2) or (C)(1)
or (2) of section 1349.10 of the Revised Code after receiving the
notice, the attorney general may initiate the enforcement action and
seek injunctive relief.

(D)
Division (B) of this section does not apply if the organization fails
to timely comply with all of the requirements described in the notice
or commits subsequent violations of the same type after curing the
initial violation under that division. Notwithstanding division (C)
of this section, if an organization commits a subsequent violation of
the same type after reporting that the initial violation is cured,
the attorney general may bring a civil action at any time after
sending notice of the violation under division (A) of this section.

(E)
Nothing in this section shall be construed to provide a private right
of action. The attorney general has the exclusive authority to
enforce this section.

Sec.
1501.022.
(A)
As used in this section, "local government" means a
municipal corporation that is located on an island in Lake Erie and
that includes resort attractions and activities.

(B)
If the department of natural resources does not provide emergency
response services, garbage and debris removal services, or snow
removal services on state park land or at facilities owned or managed
by the department, the director of natural resources shall enter into
a contract with a local government for the local government to
provide such services.

(C)
If the director requests a local government to provide any other
service besides such services described in division (B) of this
section on state park land or at facilities owned or managed by the
department, the director shall enter into a contract with a local
government for the local government to provide such services.

(D)
A contract entered into under this section shall include a term
providing for the department to reimburse the local government for
services provided and administrative costs associated with providing
such services.

Sec.
1501.023.
(A)
As used in this section, "historical site" means a site
that has been designated by the Ohio history connection with a brown
historical marker sign and has significance with respect to the
state's oil and gas history.

(B)
The department of natural resources shall not physically work on or
alter a historical site without the consent of every member of all of
the following entities:

(1)
The board of county commissioners of the county in which the
historical site is located;

(2)
The historical society of the county in which the historical site is
located;

(3)
The technical advisory council created under section 1509.38 of the
Revised Code.

Sec.
1501.46.
Except
as otherwise provided in federal law, in circumstances in which the
department of natural resources conducts, or contracts with a third
party to conduct, dredging operations in the waters of the state, no
license, registration, or certification is required for an individual
to operate the dredging equipment or watercraft associated with such
operations.

Sec.
1501.47.
The
program support fund is created in the state treasury. The fund shall
consist of payments from divisions within the department of natural
resources and any other payments received by the department related
to the purposes of the fund. The director of natural resources shall
use the money in the fund to support centralized service support
offices of the department.

Sec.
1509.02.
There
is hereby created in the department of natural resources the division
of oil and gas resources management, which shall be administered by
the chief of the division of oil and gas resources management. The
division has sole and exclusive authority to regulate the permitting,
location, and spacing of oil and gas wells and production operations
within the state, excepting only those activities regulated under
federal laws for which oversight has been delegated to the
environmental protection agency and activities regulated under
sections 6111.02 to 6111.028 of the Revised Code. The regulation of
oil and gas activities is a matter of general statewide interest that
requires uniform statewide regulation, and this chapter and rules
adopted under it constitute a comprehensive plan with respect to all
aspects of the locating, drilling, well stimulation, completing, and
operating of oil and gas wells within this state, including site
construction and restoration, permitting related to those activities,
and the disposal of wastes from those wells. In order to assist the
division in the furtherance of its sole and exclusive authority as
established in this section, the chief may enter into cooperative
agreements with other state agencies for advice and consultation,
including visitations at the surface location of a well on behalf of
the division. Such cooperative agreements do not confer on other
state agencies any authority to administer or enforce this chapter
and rules adopted under it. In addition, such cooperative agreements
shall not be construed to dilute or diminish the division's sole and
exclusive authority as established in this section. Nothing in this
section affects the authority granted to the director of
transportation and local authorities in section 723.01 or 4513.34 of
the Revised Code, provided that the authority granted under those
sections shall not be exercised in a manner that discriminates
against, unfairly impedes, or obstructs oil and gas activities and
operations regulated under this chapter.

The
chief shall not hold any other public office, nor shall the chief be
engaged in any occupation or business that might interfere with or be
inconsistent with the duties as chief.

Money
collected by the chief pursuant to sections 1509.06, 1509.061,
1509.062, 1509.071, 1509.13, 1509.22, 1509.222, 1509.28, 1509.34,
1509.50, and 5749.02 of the Revised Code, all civil penalties paid
under section 1509.33 of the Revised Code, and, notwithstanding any
section of the Revised Code relating to the distribution or crediting
of fines for violations of the Revised Code, all fines imposed under
divisions (A) and (B) of section 1509.99 of the Revised Code and
fines imposed under divisions (C) and (D) of section 1509.99 of the
Revised Code for all violations prosecuted by the attorney general
and for violations prosecuted by prosecuting attorneys that do not
involve the transportation of brine by vehicle shall be deposited
into the state treasury to the credit of the oil and gas well fund,
which is hereby created. Fines imposed under divisions (C) and (D) of
section 1509.99 of the Revised Code for violations prosecuted by
prosecuting attorneys that involve the transportation of brine by
vehicle and penalties associated with a compliance agreement entered
into pursuant to this chapter shall be paid to the county treasury of
the county where the violation occurred.

The
fund shall be used solely and exclusively for the purposes enumerated
in division (B) of section 1509.071 of the Revised Code
,
payments to the oil and gas resolution and remediation fund created
in section 1509.075 of the Revised Code
,
for the expenses of the division associated with the administration
of this chapter and Chapter 1571. of the Revised Code and rules
adopted under them, and for expenses that are critical and necessary
for the protection of human health and safety and the environment
related to oil and gas production in this state. The expenses of the
division in excess of the moneys available in the fund shall be paid
from general revenue fund appropriations to the department.

Sec.
1509.07.
(A)(1)(a)
Except as provided in division (A)(1)(b) or (A)(2) of this section,
an owner of any well, except an exempt Mississippian well or an
exempt domestic well, shall obtain liability insurance coverage from
a company authorized or approved to do business in this state in an
amount of not less than one million dollars bodily injury coverage
and property damage coverage to pay damages for injury to persons or
damage to property caused by the drilling, operation, or plugging of
all the owner's wells in this state. However, if any well is located
within an urbanized area, the owner shall obtain liability insurance
coverage in an amount of not less than three million dollars for
bodily injury coverage and property damage coverage to pay damages
for injury to persons or damage to property caused by the drilling,
operation, or plugging of all of the owner's wells in this state.

(b)
A board of county commissioners of a county that is an owner of a
well or a board of township trustees of a township that is an owner
of a well may elect to satisfy the liability coverage requirements
specified in division (A)(1)(a) of this section by participating in a
joint self-insurance pool in accordance with the requirements
established under section 2744.081 of the Revised Code. Nothing in
division (A)(1)(b) of this section shall be construed to allow an
entity, other than a county or township, to participate in a joint
self-insurance pool to satisfy the liability coverage requirements
specified in division (A)(1)(a) of this section.

(2)
An owner of a horizontal well shall obtain liability insurance
coverage from an insurer authorized to write such insurance in this
state or from an insurer approved to write such insurance in this
state under section 3905.33 of the Revised Code in an amount of not
less than five million dollars bodily injury coverage and property
damage coverage to pay damages for injury to persons or damage to
property caused by the production operations of all the owner's wells
in this state. The insurance policy shall include a reasonable level
of coverage available for an environmental endorsement.

(3)
An owner shall maintain the coverage required under division (A)(1)
or (2) of this section until all the owner's wells are plugged and
abandoned or are transferred to an owner who has obtained insurance
as required under this section and who is not under a notice of
material and substantial violation or under a suspension order. The
owner shall provide proof of liability insurance coverage to the
chief of the division of oil and gas resources management upon
request. Upon failure of the owner to provide that proof when
requested, the chief may order the suspension of any outstanding
permits and operations of the owner until the owner provides proof of
the required insurance coverage.

(B)(1)
Except as otherwise provided in this section, an owner of any well,
before being issued a permit under section 1509.06 of the Revised
Code or before operating or producing from a well, shall execute and
file with the division of oil and gas resources management a surety
bond conditioned on compliance with the restoration requirements of
section 1509.072, the plugging requirements of section 1509.12, the
permit provisions of section 1509.13 of the Revised Code, and all
rules and orders of the chief relating thereto, in an amount set by
rule of the chief.

(2)
The owner may deposit with the chief, instead of a surety bond, cash
in an amount equal to the surety bond as prescribed pursuant to this
section or negotiable certificates of deposit or irrevocable letters
of credit, issued by any bank organized or transacting business in
this state, having a cash value equal to or greater than the amount
of the surety bond as prescribed pursuant to this section. Cash or
certificates of deposit shall be deposited upon the same terms as
those upon which surety bonds may be deposited. If the owner deposits
cash, the cash shall be credited to the performance cash bond refunds
fund created in section 1501.16 of the Revised Code. If the owner
deposits certificates of deposit, the chief shall require the bank
that issued any such certificate to pledge securities of a cash value
equal to the amount of the certificate that is in excess of the
amount insured by the federal deposit insurance corporation. The
securities shall be security for the repayment of the certificate of
deposit.

Upon
a deposit of cash, certificates of deposit, or letters of credit with
the chief, the chief shall hold them in trust for the purposes for
which they have been deposited.

(3)
Instead of a surety bond, the chief may accept proof of financial
responsibility consisting of a sworn financial statement showing a
net financial worth within this state equal to twice the amount of
the bond for which it substitutes and, as may be required by the
chief, a list of producing properties of the owner within this state
or other evidence showing ability and intent to comply with the law
and rules concerning restoration and plugging that may be required by
rule of the chief. The owner of an exempt Mississippian well is not
required to file scheduled updates of the financial documents, but
shall file updates of those documents if requested to do so by the
chief. The owner of a nonexempt Mississippian well shall file updates
of the financial documents in accordance with a schedule established
by rule of the chief. The chief, upon determining that an owner for
whom the chief has accepted proof of financial responsibility instead
of bond cannot demonstrate financial responsibility, shall order that
the owner execute and file a bond or deposit cash, certificates of
deposit, or irrevocable letters of credit as required by this section
for the wells specified in the order within ten days of receipt of
the order. If the order is not complied with, all wells of the owner
that are specified in the order and for which no bond is filed or
cash, certificates of deposit, or letters of credit are deposited
shall be plugged. No owner shall fail or refuse to plug such a well.
Each day on which such a well remains unplugged thereafter
constitutes a separate offense.

(4)
The surety bond provided for in this section shall be executed by a
surety company authorized to do business in this state.

The
chief shall not approve any bond until it is personally signed and
acknowledged by both principal and surety, or as to either by the
principal's or surety's attorney in fact, with a certified copy of
the power of attorney attached thereto. The chief shall not approve a
bond unless there is attached a certificate of the superintendent of
insurance that the company is authorized to transact a fidelity and
surety business in this state.

All
bonds shall be given in a form to be prescribed by the chief and
shall run to the state as obligee.

(5)
An owner of an exempt Mississippian well or an exempt domestic well,
in lieu of filing a surety bond, cash in an amount equal to the
surety bond, certificates of deposit, irrevocable letters of credit,
or a sworn financial statement, may file a one-time fee of fifty
dollars, which shall be deposited in the oil and gas
well
plugging
resolution
and remediation
fund
created in section
1509.071

1509.075

of
the Revised Code.

(C)
An owner, operator, producer, or other person shall not operate a
well or produce from a well at any time if the owner, operator,
producer, or other person has not satisfied the requirements
established in this section.

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

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

(B)(1)
All moneys collected because of forfeitures of bonds as provided in
this section shall be deposited in the state treasury to the credit
of the oil and gas well fund created in section 1509.02 of the
Revised Code.

For
purposes of promoting the competent management and conservation of
the state's oil and natural gas resources and the proper and lawful
plugging of historic oil and gas wells for which there is no known
responsible owner, the chief annually shall spend not less than
thirty per cent of the revenue credited to the oil and gas well fund
during the previous fiscal year for both of the following purposes:

(a)
In accordance with division (E) of this section, to plug orphaned
wells or to restore the land surface properly as required in section
1509.072 of the Revised Code;

(b)
In accordance with division (F) of this section, to correct
conditions that the chief reasonably has determined are causing
imminent health or safety risks at an orphaned well or associated
with a well for which the owner has not initiated a corrective action
within a reasonable period of time as determined by the chief after
the chief has attempted to notify the owner.

(2)
Expenditures from the
oil
and gas well
fund

and
oil and gas resolution and remediation fund

shall be made only for lawful purposes.
In
addition
Except
as otherwise provided in divisions (B)(2) and (D) of section 1509.075
of the Revised Code
,
expenditures from
the
fund
those
funds
shall
not be made to purchase real property or to remove a structure in
order to access a well.

The
director of budget and management, in consultation with the chief,
shall establish an accounting code for purposes of tracking
expenditures made as required under this division.

(C)(1)
If a landowner discovers a well on the landowner's real property and
the landowner is not the owner of the well, the landowner may report
the existence of the well in writing to the chief.

(2)
If the chief receives a written report from a landowner of the
discovery of a well previously unknown to the division, the chief
shall inspect the well not later than thirty days after the date of
receipt of the landowner's report.

(3)
The chief shall establish a scoring matrix for use in determining the
priority of plugging wells or restoring land surfaces at orphaned
well sites for purposes of this section. The matrix shall include a
classification system that categorizes orphaned wells as high
priority, medium priority, and low priority.

(4)
The chief shall use the matrix developed under division (C)(3) of
this section to prioritize plugging and land restoration projects
under this section. The chief may add additional orphaned wells to a
project regardless of classification.

(D)(1)
After determining that a well is an orphaned well, the chief shall do
all of the following:

(a)
Make a reasonable attempt to determine from the records in the office
of the county recorder of the county in which the well is located the
identity of the current owner of the land on which the well is
located, the identity of each person owning a right or interest in
the oil or gas mineral interests, and the identities of the persons
having a lien upon any of the equipment appurtenant to the well. For
purposes of division (D)(1)(a) of this section, the chief is not
required to review records in the office of the county recorder that
are older than forty years from the date on which the chief made the
determination that the well is an orphaned well.

(b)
Mail notice to each person identified in division (D)(1)(a) of this
section;

(c)
Include in the notice to each person having a lien upon any equipment
appurtenant to the well, a statement informing the person that the
well is to be plugged and offering the person the opportunity to
remove that equipment from the well site at the person's own expense
in order to avoid forfeiture of the equipment to this state;

(d)
Publish notice in a newspaper of general circulation in the county
where the well is located that the well is to be plugged or post the
notice on the department of natural resources web site.

(2)
If the current address of a person identified in division (D)(1)(a)
of this section cannot be determined, or if a notice provided by mail
to a person under division (D)(1)(b) of this section is returned
undeliverable, the notice published under division (D)(1)(d) of this
section constitutes sufficient notice to the person.

(3)
If none of the persons described in division (D)(1)(a) of this
section removes equipment from the well within thirty days after the
mailing of the notice or publication or posting of notice described
in division (D)(1)(d) of this section, whichever is later, all
equipment appurtenant to the well is hereby declared to be forfeited
to this state without compensation and without the necessity for any
action by the state for use to defray the cost of plugging the well
and restoring the land surface at the well site.

(E)
The chief may expend money from the oil and gas well fund
and
the oil and gas resolution and remediation fund
for
the purpose of division (B)(1)(a) of this section, and such
expenditures shall be made in accordance with either of the
following:

(1)
The chief may make expenditures pursuant to contracts entered into by
either the chief or another agency of the state with persons who
agree to furnish the materials, equipment, work, and labor as
specified and provided in such a contract for activities associated
with the restoration or plugging of an orphaned well as determined by
the chief. If another agency of the state enters into the contract,
the chief shall prepare the scope of work for the restoration or
plugging of the well. The activities may include excavation to
uncover a well, methods to locate a well, analyzing the well,
stabilizing or other work conducted prior to plugging the well,
drilling out or cleanout of wellbores to remove material from a well,
plugging operations, installation of vault and vent systems,
including associated engineering certifications and permits, removal
of associated equipment, restoration of property, replugging of
previously plugged orphaned wells or wells for which final
restoration was completed under section 1509.072 of the Revised Code
and rules adopted under it, and repair of damage to property that is
caused by such activities. The chief may make expenditures for
salaries, maintenance, equipment, or other administrative purposes,
for costs directly attributed to locating, analyzing, stabilizing,
designing, plugging, remediating, or restoring an orphaned well, and
for determining if a well is an orphaned well.

Agents
or employees of persons contracting with the chief to locate,
analyze, stabilize, design, plug, remediate, or restore a well may
enter upon any land, public or private, on which the well is located,
or on adjacent parcels needed for access, for the purpose of
performing the work. Prior to such entry, the chief shall give to the
following persons written notice of the existence of a contract to
locate, analyze, stabilize, design, plug, remediate, or restore a
well, the names of the persons with whom the contract is made, and
the date that the project will commence: the owner of the well, the
owner of the land upon which the well is located, the owner of the
land of an adjacent parcel that will be entered upon, and, if the
well is located in the same township as or in a township adjacent to
the excavations and workings of a mine and the owner or lessee of
that mine has provided written notice identifying those townships to
the chief at any time during the immediately preceding three years,
the owner or lessee of the mine. The chief may include in the notice
to the owner or lessee of the mine additional information, such as
authorization to plug an orphaned well under section 1509.151 of the
Revised Code.

(2)(a)
The owner of the land on which at least one orphaned well is located
who has received notice under division (D)(1)(b) of this section may
plug any such orphaned well and be reimbursed by the division of oil
and gas resources management for the reasonable cost of plugging such
wells. In order to plug the orphaned wells, the landowner shall
submit an application to the chief on a form prescribed by the chief
and approved by the technical advisory council on oil and gas created
in section 1509.38 of the Revised Code. The application, at a
minimum, shall require the landowner to provide the same information
as is required to be included in the application for a permit to plug
and abandon under section 1509.13 of the Revised Code.

The
application shall be accompanied by a copy of a proposed contract to
plug and abandon the orphaned wells prepared by a contractor
regularly engaged in the business of plugging oil and gas wells. The
proposed contract shall require the contractor to furnish all of the
materials, equipment, work, and labor necessary to plug the orphaned
wells properly and restore the site including the removal of all
associated equipment and shall specify the price for doing the work.
The contractor shall be insured.

Expenditures
made under division (E)(2)(a) of this section shall be consistent
with the expenditures for activities described in division (E)(1) of
this section. In addition, expenditures made under division (E)(2) of
this section are not subject to section 127.16 of the Revised Code.
The application constitutes an application for a permit to plug the
well for the purposes of section 1509.13 of the Revised Code

and
the applicant is not required to submit the fee otherwise required
under that section
.

(b)
Within thirty days after receiving an application and accompanying
proposed contract under division (E)(2)(a) of this section, the chief
shall determine whether the plugging would comply with the applicable
requirements of this chapter and applicable rules adopted and orders
issued under it and whether the cost of the plugging under the
proposed contract is reasonable. If the chief determines that the
proposed plugging would comply with those requirements and that the
proposed cost of the plugging is reasonable, the chief shall notify
the landowner of that determination and issue to the landowner a
permit to plug the well under section 1509.13 of the Revised Code.
The chief may disapprove an application submitted under division
(E)(2)(a) of this section if the chief determines that the proposed
plugging would not comply with the applicable requirements of this
chapter and applicable rules adopted and orders issued under it, that
the cost of the plugging under the proposed contract is unreasonable,
or that the proposed contract is not a bona fide, arm's length
contract.

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

(d)
Upon determining that the plugging has been completed in compliance
with the applicable requirements of this chapter and applicable rules
adopted and orders issued under it, the chief shall pay the
contractor for the cost of the plugging and restoration as set forth
in the proposed contract approved by the chief and changes or costs
approved by the chief. The payment shall be paid from the oil and gas
well fund

or
the oil and gas resolution and remediation fund
.
The chief shall only make payments for purposes of division (E)(2) of
this section pursuant to a proper invoice as defined under section
125.01 of the Revised Code.

(e)
If the chief determines that the plugging was not completed in
accordance with the applicable requirements, the chief shall not pay
the contractor or landowner for the cost of the plugging.

(f)
If any equipment was removed from the well during the plugging and
sold, the chief shall deduct the sale amount of the equipment from
the payment to the contractor.

(g)
Changes made to a contract executed under division (E)(2) of this
section due to unanticipated conditions may be presented to the chief
in the form of a written request for approval of the additional costs
prior to completion of the work. The chief shall determine if the
changes are necessary to comply with this chapter and rules adopted
and orders issued under it and if the cost of the changes are
reasonable. The chief shall provide to the contractor a written
decision regarding the proposed changes. If the chief determines that
the changes are not necessary or that the costs are not reasonable,
the chief may either deny the request or establish the amount of the
cost that the chief approves. Work completed prior to receipt of
written approval from the chief is not eligible for payment, unless
waived by the chief.

(3)
The chief may establish an annual limit on the number of wells that
may be plugged under division (E)(2) of this section or an annual
limit on the expenditures to be made under that division. The chief
may reject an application submitted under division (E)(2) of this
section if the chief determines that the plugging of other wells take
priority.

(4)
As used in division (E)(2) of this section, "plug" and
"plugging" include the plugging of the well, replugging of
a previously plugged orphaned well or a well for which final
restoration was completed under section 1509.072 of the Revised Code
and rules adopted under it, drilling out or cleanout of a well bore
to remove material from a well, installation of casings, installation
of a vault and vent, restoration, and the restoration of the land
surface disturbed by the plugging.

(F)(1)
Expenditures from the oil and gas well fund
or
the oil and gas resolution and remediation fund
for
the purpose of division (B)(1)(b) of this section may be made
pursuant to contracts entered into by either the chief or another
agency of the state with persons who agree to furnish the materials,
equipment, work, and labor as specified and provided in such a
contract. The competitive bidding requirements of Chapter 153. of the
Revised Code do not apply if the chief reasonably determines that a
situation exists requiring immediate action for the correction of the
applicable health or safety risk. A contract or purchase of materials
for purposes of addressing the emergency situation is not subject to
division (B) of section 127.16 of the Revised Code. The chief,
designated representatives of the chief, and agents or employees of
persons contracting with the chief to locate, analyze, stabilize,
design, plug, remediate, or restore a well under this division may
enter upon any land, public or private, on which the well is located,
or on parcels needed for access, for the purpose of performing the
work.

(2)
The chief shall issue an order that requires the owner of a well to
pay the actual documented costs of a corrective action that is
described in division (B)(1)(b) of this section concerning the well.
The chief shall transmit the money so recovered to the treasurer of
state who shall deposit the money in the
state
treasury to the credit of the
oil
and gas
well

resolution
and remediation
fund.

(G)
Contracts entered into by either the chief or another agency of the
state under this section are not subject to any of the following:

(1)
Chapter 4115. of the Revised Code;

(2)
Chapter 153. of the Revised Code;

(3)
Section 4733.17 of the Revised Code.

(H)
The owner of land on which a well is located who has received notice
under division (D)(1)(b) of this section, in lieu of plugging the
well in accordance with division (E)(2) of this section, may cause
ownership of the well to be transferred in accordance with section
1509.31 of the Revised Code.

If
a well is transferred, the owner to whom it is transferred shall
comply with this chapter and rules adopted under it and shall take
title to and possession of the equipment appurtenant to the well that
has been identified by the chief as having been abandoned by the
former owner of the well.

(I)
The chief may engage in cooperative projects under this section with
any agency of this state, another state, or the United States; any
other governmental agencies; any state university or college as
defined in section 3345.27 of the Revised Code; or a nonprofit
corporation that is exempt from federal income taxation under section
501(c)(3) of the "Internal Revenue Code of 1986," 26 U.S.C.
1, as amended. A contract entered into for purposes of a cooperative
project is not subject to division (B) of section 127.16 of the
Revised Code.

(J)(1)
On or before the close of each calendar quarter, the chief shall
submit a written report to the technical advisory council established
under section 1509.38 of the Revised Code describing the efforts of
the division of oil and gas resources management to plug orphaned
wells during the immediately preceding calendar quarter. The chief
also shall include in the report all of the following information:

(a)
The total number of known orphaned wells in the state and the total
number in each county of the state;

(b)
The total number of newly discovered orphaned wells during the
immediately preceding calendar quarter;

(c)
The total number of wells plugged in accordance with this section
during the immediately preceding calendar quarter;

(d)
The total number of wells plugged in accordance with this section and
the estimated average and indirect costs of plugging activities
conducted under this section prior to the date of the report;

(e)
The number of wells approved for plugging in accordance with this
section and the estimated average and indirect costs of plugging
activities conducted under this section during the immediately
preceding calendar quarter.

(2)
Not later than the thirty-first day of March of each year, the chief
and the technical advisory council shall jointly provide a report
containing, at a minimum, the information required to be included in
the quarterly reports during the previous one-year period to all of
the following:

(a)
The speaker of the house of representatives;

(b)
The president of the senate;

(c)
The chair of the committee of the house of representatives
responsible for energy and natural resources issues;

(d)
The chair of the committee of the senate responsible for energy and
natural resources issues.

Sec.
1509.075.
(A)
The oil and gas resolution and remediation fund is created in the
state treasury. The fund shall consist of moneys transferred to it
from the oil and gas well fund and any money deposited into it under
sections 1509.07 and 1509.071 of the Revised Code. Notwithstanding
any provision of law to the contrary, at the beginning of each fiscal
year, the treasurer of state shall transfer to the oil and gas
resolution and remediation fund the amount of money in the oil and
gas well fund that is in excess of the total amount appropriated to
the oil and gas well fund for that fiscal year.

(B)(1)
Money in the oil and gas resolution and remediation fund shall be
used by the chief of the division of oil and gas resources management
for the plugging of orphaned wells under this chapter.

(2)
The chief may use money in the fund for expenses that are critical
and necessary for the protection of human health and safety and the
environment related to oil and gas production in this state.

(3)
The treasurer of state shall disburse moneys from the fund quarterly
on order of the chief.

(C)
The treasurer of state may invest any portion of the oil and gas
resolution and remediation fund not needed for immediate use in the
same manner as, and subject to all provisions of law with respect to
the investment of, state funds.

(D)
Interest earned on the fund shall be credited to the fund and
reserved for use by the director of natural resources. The director
may order the treasurer of state to disburse interest from the fund
for any purpose of the department of natural resources, subject to
the approval of the technical advisory council on oil and gas, as
provided in section 1509.38 of the Revised Code. The director shall
provide the treasurer of state with written notice of the council's
approval before the treasurer of state may disburse money from the
fund.

(E)
Notwithstanding any other provision of law to the contrary, no money
shall be transferred out of the fund by the director of budget and
management or the controlling board to any other fund, including the
general revenue fund. The fund shall not be used for any purpose not
specified in law.

Sec.
1509.13.
(A)(1)
Except as otherwise provided in division (A)(2) of this section and
division (E)(1) of section 1509.071 of the Revised Code, no person
shall plug and abandon a well without having a permit to do so issued
by the chief of the division of oil and gas resources management. The
permit shall be issued by the chief in accordance with this chapter
and shall be valid for a period of twenty-four months from the date
of issue.

(2)
The holder of a valid permit issued under section 1509.06 of the
Revised Code may receive approval from an oil and gas resources
inspector to plug and abandon the well associated with that permit,
without obtaining the permit required under division (A) of this
section, if either of the following apply:

(a)
The well was drilled to total depth and the well cannot or will not
be completed.

(b)
The well is a lost hole or dry hole.

(3)
A permit holder plugging a well pursuant to division (A)(2)(a) of
this section shall plug the well within thirty days of receipt of
approval from the oil and gas resources inspector.

(4)
A permit holder plugging a well pursuant to division (A)(2)(b) of
this section shall plug the well immediately after determining that
the well is a lost hole or dry hole in accordance with rules adopted
under this chapter.

(B)
The application for a permit to plug and abandon shall be filed as
many days in advance as will be necessary for an oil and gas
resources inspector or, if the well is located in a coal bearing
township, both a deputy mine inspector and an oil and gas resources
inspector to be present at the plugging. The application shall be
filed with the chief upon a form that the chief prescribes and shall
contain the following information:

(1)
The name and address of the applicant;

(2)
The signature of the applicant or the applicant's authorized agent.
When an authorized agent signs an application, it shall be
accompanied by a certified copy of the appointment as that agent.

(3)
The location of the well identified by section or lot number, city,
village, township, and county;

(4)
Designation of well by name and number;

(5)
The total depth of the well to be plugged;

(6)
The date and amount of last production from the well;

(7)
Other information that the chief may require.

(C)

Except
as otherwise provided in division (E)(2)(a) of section 1509.071 of
the Revised Code, the application shall be accompanied by a
nonrefundable fee of two hundred fifty dollars.
Unless
waived by an oil and gas resources inspector, the owner of a well or
the owner's authorized representative shall notify an oil and gas
resources inspector at least twenty-four hours prior to the
commencement of the plugging of a well. No well shall be plugged and
abandoned without an oil and gas resources inspector present unless
permission has been granted by the chief. The owner of a well that
has produced oil or gas shall give written notice at the same time to
the owner of the land upon which the well is located and to all
lessors that receive gas from the well pursuant to an agreement. If
the well penetrates or passes within one hundred feet of the
excavations and workings of a mine, the owner of the well shall give
written notice to the owner or lessee of that mine of the intention
to abandon the well and of the time when the owner of the well will
be prepared to commence plugging it.

(D)
An applicant may file a request with the chief for expedited review
of an application for a permit to plug and abandon a well. The chief
may refuse to accept a request for expedited review if, in the
chief's judgment, acceptance of the request will prevent the
issuance, within twenty-one days of filing, of permits for which
applications filed under section 1509.06 of the Revised Code are
pending. In addition to a complete application for a permit that
meets the requirements of this section

and
the permit fee prescribed by this section, if applicable
,
a request

for
expedited review

shall be accompanied by a nonrefundable filing fee of five hundred
dollars unless the chief has ordered the applicant to plug and
abandon the well. When a request for expedited review is filed, the
chief shall immediately begin to process the application and shall
issue a permit within seven days of the filing of the request unless
the chief, by order, denies the application.

(E)(1)
Except as otherwise provided in division (E)(2) of this section, any
person undertaking the plugging of a well for which a permit has been
issued under this section shall obtain insurance for bodily injury
coverage and property damage coverage in the amount established under
section 1509.07 of the Revised Code to pay for damages or injury to
property or person, including damages caused by the plugging of the
well. The person shall electronically submit proof of insurance to
the chief upon the chief's request.

(2)
Division (E)(1) of this section does not apply to a person already
required to maintain an insurance policy under section 1509.07 of the
Revised Code.

(F)
This section does not apply to a well plugged or abandoned in
compliance with section 1571.05 of the Revised Code.

Sec.
1509.36.
Any
person adversely affected by an order by the chief of the division of
oil and gas resources management may appeal to the oil and gas
commission for an order vacating or modifying the order.

The
person so appealing to the commission shall be known as appellant and
the chief shall be known as appellee. Appellant and appellee shall be
deemed to be parties to the appeal.

The
appeal shall be in writing and shall set forth the order complained
of and the grounds upon which the appeal is based. The appeal shall
be filed with the commission within thirty days after the date upon
which the person to whom the order was issued received the order and,
for all other persons adversely affected by the order, within thirty
days after the date of the order complained of. Notice of the filing
of the appeal shall be filed with the chief within three days after
the appeal is filed with the commission.

Upon
the filing of the appeal
,
the commission may decide the appeal, in whole or in part, without a
hearing when, in its judgment, it is appropriate to do so. If the
commission decides to hold a hearing,

the commission promptly shall fix the time and place at which the
hearing on the appeal will be held, and shall give the appellant and
the chief at least ten days' written notice thereof by mail. The
commission may postpone or continue any hearing upon its own motion
or upon application of the appellant or of the chief.

The
filing of an appeal provided for in this section does not
automatically suspend or stay execution of the order appealed from,
but upon application by the appellant the commission may suspend or
stay the execution pending determination of the appeal upon such
terms as the commission considers proper.

Either
party to the appeal or any interested person who, pursuant to
commission rules has been granted permission to appear, may submit
such evidence as the commission considers admissible.

For
the purpose of conducting a hearing on an appeal, the commission may
require the attendance of witnesses and the production of books,
records, and papers, and it may, and at the request of any party it
shall, issue subpoenas for witnesses or subpoenas duces tecum to
compel the production of any books, records, or papers, directed to
the sheriffs of the counties where the witnesses are found. The
subpoenas shall be served and returned in the same manner as
subpoenas in criminal cases are served and returned. The fees of
sheriffs shall be the same as those allowed by the court of common
pleas in criminal cases. Witnesses shall be paid the fees and mileage
provided for under section 119.094 of the Revised Code. Such fees and
mileage expenses incurred at the request of appellant shall be paid
in advance by the appellant, and the remainder of those expenses
shall be paid out of funds appropriated for the expenses of the
division of oil and gas resources management.

In
case of disobedience or neglect of any subpoena served on any person,
or the refusal of any witness to testify to any matter regarding
which the witness may be lawfully interrogated, the court of common
pleas of the county in which the disobedience, neglect, or refusal
occurs, or any judge thereof, on application of the commission or any
member thereof, shall compel obedience by attachment proceedings for
contempt as in the case of disobedience of the requirements of a
subpoena issued from that court or a refusal to testify therein.
Witnesses at such hearings shall testify under oath, and any member
of the commission may administer oaths or affirmations to persons who
so testify.

At

If
a hearing occurs and at
the
request of any party to the appeal, a record of the testimony and
other evidence submitted shall be taken by an official court reporter
at the expense of the party making the request for the record. The
record shall include all of the testimony and other evidence and the
rulings on the admissibility thereof presented at the hearing. The
commission shall pass upon the admissibility of evidence, but any
party may at the time object to the admission of any evidence and
except to the rulings of the commission thereon, and if the
commission refuses to admit evidence the party offering same may make
a proffer thereof, and such proffer shall be made a part of the
record of the hearing.

If

upon
completion of the hearing
the
commission finds that the order appealed from was lawful and
reasonable, it shall make a written order affirming the order
appealed from; if the commission finds that the order was
unreasonable or unlawful, it shall make a written order vacating the
order appealed from and making the order that it finds the chief
should have made. Every order made by the commission shall contain a
written finding by the commission of the facts upon which the order
is based.

Notice
of the making of the order shall be given forthwith to each party to
the appeal by mailing a certified copy thereof to each such party by
certified mail.

The
order of the commission is final unless vacated by the court of
common pleas of Franklin county in an appeal as provided for in
section 1509.37 of the Revised Code. Sections 1509.01 to 1509.37 of
the Revised Code, providing for appeals relating to orders by the
chief or by the commission, or relating to rules adopted by the
chief, do not constitute the exclusive procedure that any person who
believes the person's rights to be unlawfully affected by those
sections or any official action taken thereunder must pursue in order
to protect and preserve those rights, nor do those sections
constitute a procedure that that person must pursue before that
person may lawfully appeal to the courts to protect and preserve
those rights.

Sec.
1509.38.
(A)

There
is hereby created in the division of oil and gas resources management
a technical advisory council on oil and gas, which shall consist of
eight members to be appointed by the governor with the advice and
consent of the senate. Three members shall be independent oil or gas
producers, operators, or their representatives, operating and
producing primarily in this state, three members shall be oil or gas
producers, operators, or their representatives having substantial oil
and gas producing operations in this state and at least one other
state, one member shall represent the public, and one member shall
represent persons having landowners' royalty interests in oil and gas
production. All members shall be residents of this state, and all
members, except the members representing the public and persons
having landowners' royalty interests, shall have at least five years
of practical or technical experience in oil or gas drilling and
production. Not more than one member may represent any one company,
producer, or operator.

(B)

Terms
of office shall be for three years, commencing on the first day of
February and ending on the thirty-first day of January. Each member
shall hold office from the date of appointment until the end of the
term for which the member was appointed. A vacancy in the office of a
member shall be filled by the governor, with the advice and consent
of the senate. Any member appointed to fill a vacancy occurring prior
to the expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of that term. Any
member shall continue in office subsequent to the expiration date of
the member's term until the member's successor takes office, or until
a period of sixty days has elapsed, whichever occurs first.

(C)

The
council shall select from among its members a chairperson, a
vice-chairperson, and a secretary. All members are entitled to their
actual and necessary expenses incurred in the performance of their
duties as members, payable from the appropriations for the division.

(D)

The
governor may remove any member for inefficiency, neglect of duty, or
malfeasance in office.

(E)

The
council shall hold at least one regular meeting in each quarter of a
calendar year and shall keep a record of its proceedings. Special
meetings may be called by the chairperson and shall be called by the
chairperson upon receipt of a written request signed by two or more
members of the council. A written notice of the time and place of
each meeting shall be sent to each member of the council. Five
members constitute a quorum, and no action of the council is valid
unless five members concur.

(F)

The
council, when requested by the chief of the division of oil and gas
resources management, shall consult with and advise the chief and
perform other duties that may be lawfully delegated to it by the
chief. The council may participate in hearings held by the chief
under this chapter and has powers of approval as provided in sections
1509.24 and 1509.25 of the Revised Code. The council shall conduct
the activities required, and exercise the authority granted, under
Chapter 1510. of the Revised Code.

(G)
If the council receives a request from the director of natural
resources to approve an expenditure from the oil and gas resolution
and remediation fund for purposes of division (D) of section 1509.075
of the Revised Code, the council shall vote to approve or deny that
expenditure. The council shall notify the director in writing of the
approval or denial.

(H)

The
council, upon receiving a request from the chairperson of the oil and
gas commission under division (C) of section 1509.35 of the Revised
Code, immediately shall prepare and provide to the chairperson a list
of its members who may serve as temporary members of the oil and gas
commission as provided in that division.

Sec.
1513.371.
The
long-term abandoned mine reclamation fund is created in the state
treasury. The fund shall be administered by the chief of the division
of mineral resources management and consist of grants awarded by the
United States secretary of the interior from the federal abandoned
mine reclamation fund pursuant to the federal "Infrastructure
Investment and Jobs Act," Pub. L. No. 177-58. All investment
earnings of the fund shall be credited to the fund.

The
fund shall be used for abatement of the causes and treatment of the
effects of acid mine drainage resulting from coal mine practices,
including the following:

(A)
The costs of building, operating, maintaining, and rehabilitating
acid mine drainage treatment systems;

(B)
The prevention, abatement, and control of subsidence;

(C)
The prevention, abatement, and control of coal mine fires.

Sec.
1517.11.
(A)

There
is hereby created in the state treasury the natural areas and
preserves fund, which shall consist of moneys transferred into it
under section 5747.113 of the Revised Code and of contributions made
directly to it. Any person may contribute directly to the fund in
addition to or independently of the income tax refund contribution
system established in that section.

(B)

Moneys
in the fund shall be disbursed pursuant to vouchers approved by the
director of natural resources for use by the division of natural
areas and preserves solely for the following purposes:

(A)
(1)

The acquisition of new or expanded natural areas and nature preserves
and scenic river lands;

(B)
(2)

Facility development in natural areas and nature preserves and scenic
river lands;

(C)
(3)

Special projects, including, but not limited to, biological
inventories, research grants, and the production of interpretive
material related to natural areas and nature preserves and scenic
river lands;

(D)
(4)

Routine maintenance for health and safety purposes.

(C)

Money
in the fund also may be used for the purposes of administering a
system of wild, scenic, and recreational rivers, scenic river lands,
and facilities or improvements associated with such rivers and lands.

(D)

Moneys
appropriated from the fund shall not be used to fund salaries of
permanent employees or administrative costs.

(E)

All
investment earnings of the fund shall be credited to the fund.

(F)
The chief of the division of natural areas and preserves may sell any
of the following:

(1)
Items related to or that promote Ohio's native plants and animals,
unique ecology and geology, and general ecological preservation and
conservation such as pins, apparel, stickers, books, bulletins, maps,
publications, calendars, and other educational articles and division
branded merchandise;

(2)
Items pertaining to Ohio's ecology including native plants and seeds
of native plants.

(G)
All moneys received under division (F) of this section shall be paid
into the state treasury to the credit of the natural areas and
preserves fund created under this section.

Sec.
1531.01.
As
used in this chapter and Chapter 1533. of the Revised Code:

(A)
"Person" means a person as defined in section 1.59 of the
Revised Code or a company; an employee, agent, or officer of such a
person or company; a combination of individuals; the state; a
political subdivision of the state; an interstate body created by a
compact; or the federal government or a department, agency, or
instrumentality of it.

(B)
"Resident" means either of the following:

(1)
An individual who has resided in this state for not less than six
months preceding the date of making application for a license or
permit;

(2)
An individual who is a full-time student enrolled in an accredited
Ohio public or private college or university and who resides in this
state at the time the individual makes application for a license or
permit and who attests to the individual's full-time student status
in a manner determined by the chief of the division of wildlife.

(C)
"Nonresident" means any individual who does not qualify as
a resident.

(D)
"Division rule" or "rule" means any rule adopted
by the chief of the division of wildlife under section 1531.10 of the
Revised Code unless the context indicates otherwise.

(E)
"Closed season" means that period of time during which the
taking of wild animals protected by this chapter and Chapter 1533. of
the Revised Code is prohibited.

(F)
"Open season" means that period of time during which the
taking of wild animals protected by this chapter and Chapter 1533. of
the Revised Code is permitted.

(G)
"Take or taking" includes pursuing, shooting, hunting,
killing, trapping, angling, fishing with a trotline, or netting any
clam, mussel, crayfish, aquatic insect, fish, frog, turtle, wild
bird, or wild quadruped, and any lesser act, such as wounding, or
placing, setting, drawing, or using any other device for killing or
capturing any wild animal, whether it results in killing or capturing
the animal or not. "Take or taking" includes every attempt
to kill or capture and every act of assistance to any other person in
killing or capturing or attempting to kill or capture a wild animal.

(H)
"Possession" means both actual and constructive possession
and any control of things referred to.

(I)
"Bag limit" means the number, measurement, or weight of any
kind of crayfish, aquatic insects, fish, frogs, turtles, wild birds,
and wild quadrupeds permitted to be taken.

(J)
"Transport and transportation" means carrying or moving or
causing to be carried or moved.

(K)
"Sell and sale" means barter, exchange, or offer or expose
for sale.

(L)
"Whole to include part" means that every provision relating
to any wild animal protected by this chapter and Chapter 1533. of the
Revised Code applies to any part of the wild animal with the same
effect as it applies to the whole.

(M)
"Angling" means fishing with not more than two hand lines,
not more than two units of rod and line, or a combination of not more
than one hand line and one rod and line, either in hand or under
control at any time while fishing. The hand line or rod and line
shall have attached to it not more than three baited hooks, not more
than three artificial fly rod lures, or one artificial bait casting
lure equipped with not more than three sets of three hooks each.

(N)
"Trotline" means a device for catching fish that consists
of a line having suspended from it, at frequent intervals, vertical
lines with hooks attached.

(O)
"Fish" means a cold-blooded vertebrate having fins.

(P)
"Measurement of fish" means length from the end of the nose
to the longest tip or end of the tail.

(Q)
"Wild birds" includes game birds and nongame birds.

(R)
"Game" includes game birds, game quadrupeds, and
fur-bearing animals.

(S)
"Game birds" includes mourning doves, ringneck pheasants,
bobwhite quail, ruffed grouse, sharp-tailed grouse, pinnated grouse,
wild turkey, Hungarian partridge, Chukar partridge, woodcocks,
black-breasted plover, golden plover, Wilson's snipe or jacksnipe,
greater and lesser yellowlegs, rail, coots, gallinules, duck, geese,
brant, and crows.

(T)
"Nongame birds" includes all other wild birds not included
and defined as game birds or migratory game birds.

(U)
"Wild quadrupeds" includes game quadrupeds, fur-bearing
animals, and wild boar or feral swine.

(V)
"Game quadrupeds" includes cottontail rabbits, gray
squirrels, black squirrels, fox squirrels, red squirrels, flying
squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer,
elk, and black bears.

(W)
"Fur-bearing animals" includes minks, weasels, raccoons,
skunks, opossums, muskrats, fox, beavers, badgers, otters, coyotes,
and bobcats.

(X)
"Wild animals" includes mollusks, crustaceans, aquatic
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, and
all other wild mammals, but does not include domestic deer.

(Y)
"Hunting" means pursuing, shooting, killing, following
after or on the trail of, lying in wait for, shooting at, or wounding
wild birds or wild quadrupeds while employing any device commonly
used to kill or wound wild birds or wild quadrupeds whether or not
the acts result in killing or wounding. "Hunting" includes
every attempt to kill or wound and every act of assistance to any
other person in killing or wounding or attempting to kill or wound
wild birds or wild quadrupeds.

(Z)
"Trapping" means securing or attempting to secure
possession of a wild bird or wild quadruped by means of setting,
placing, drawing, or using any device that is designed to close upon,
hold fast, confine, or otherwise capture a wild bird or wild
quadruped whether or not the means results in capture. "Trapping"
includes every act of assistance to any other person in capturing
wild birds or wild quadrupeds by means of the device whether or not
the means results in capture.

(AA)
"Muskrat spear" means any device used in spearing muskrats.

(BB)
"Channels and passages" means those narrow bodies of water
lying between islands or between an island and the mainland in Lake
Erie.

(CC)
"Island" means a rock or land elevation above the waters of
Lake Erie having an area of five or more acres above water.

(DD)
"Reef" means an elevation of rock, either broken or in
place, or gravel shown by the latest United States chart to be above
the common level of the surrounding bottom of the lake, other than
the rock bottom, or in place forming the base or foundation rock of
an island or mainland and sloping from the shore of it. "Reef"
also means all elevations shown by that chart to be above the common
level of the sloping base or foundation rock of an island or
mainland, whether running from the shore of an island or parallel
with the contour of the shore of an island or in any other way and
whether formed by rock, broken or in place, or from gravel.

(EE)
"Fur farm" means any area used exclusively for raising
fur-bearing animals or in addition thereto used for hunting game, the
boundaries of which are plainly marked as such.

(FF)
"Waters" includes any lake, pond, reservoir, stream,
channel, lagoon, or other body of water, or any part thereof, whether
natural or artificial.

(GG)
"Crib" or "car" refers to that particular
compartment of the net from which the fish are taken when the net is
lifted.

(HH)
"Commercial fish" means those species of fish permitted to
be taken, possessed, bought, or sold unless otherwise restricted by
the Revised Code or division rule and are alewife (Alosa
pseudoharengus), American eel (Anguilla rostrata), bowfin (Amia
calva), burbot (Lota lota), carp (Cyprinus carpio), smallmouth
buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus cyprinellus),
black bullhead (Ictalurus melas), yellow bullhead (Ictalurus
natalis), brown bullhead (Ictalurus nebulosus), channel catfish
(Ictalurus punctatus), flathead catfish (Pylodictis olivaris),
whitefish (Coregonus sp.), cisco (Coregonus sp.), freshwater drum or
sheepshead (Aplodinotus grunniens), gar (Lepisosteus sp.), gizzard
shad (Dorosoma cepedianum), goldfish (Carassius auratus), lake trout
(Salvelinus namaycush), mooneye (Hiodon tergisus), quillback
(Carpiodes cyprinus), smelt (Allosmerus elongatus, Hypomesus sp.,
Osmerus sp., Spirinchus sp.), sturgeon (Acipenser sp., Scaphirhynchus
sp.), sucker other than buffalo and quillback (Carpiodes sp.,
Catostomus sp., Hypentelium sp., Minytrema sp., Moxostoma sp.), white
bass (Morone chrysops), white perch (Roccus americanus), and yellow
perch (Perca flavescens). When the common name of a fish is used in
this chapter or Chapter 1533. of the Revised Code, it refers to the
fish designated by the scientific name in this definition.

(II)
"Fishing" means taking or attempting to take fish by any
method, and all other acts such as placing, setting, drawing, or
using any device commonly used to take fish whether resulting in a
taking or not.

(JJ)
"Fillet" means the pieces of flesh taken or cut from both
sides of a fish, joined to form one piece of flesh.

(KK)
"Part fillet" means a piece of flesh taken or cut from one
side of a fish.

(LL)
"Round" when used in describing fish means with head and
tail intact.

(MM)
"Migrate" means the transit or movement of fish to or from
one place to another as a result of natural forces or instinct and
includes, but is not limited to, movement of fish induced or caused
by changes in the water flow.

(NN)
"Spreader bar" means a brail or rigid bar placed across the
entire width of the back, at the top and bottom of the cars in all
trap, crib, and fyke nets for the purpose of keeping the meshes
hanging squarely while the nets are fishing.

(OO)
"Fishing guide" means any person who, for consideration or
hire, operates a boat, rents, leases, or otherwise furnishes angling
devices, ice fishing shanties or shelters of any kind, or other
fishing equipment, and accompanies, guides, directs, or assists any
other person in order for the other person to engage in fishing.

(PP)
"Net" means fishing devices with meshes composed of twine
or synthetic material and includes, but is not limited to, trap nets,
fyke nets, crib nets, carp aprons, dip nets, and seines, except
minnow seines and minnow dip nets.

(QQ)
"Commercial fishing gear" means seines, trap nets, fyke
nets, dip nets, carp aprons, trotlines, other similar gear, and any
boat used in conjunction with that gear, but does not include gill
nets.

(RR)
"Native wildlife" means any species of the animal kingdom
indigenous to this state.

(SS)
"Gill net" means a single section of fabric or netting
seamed to a float line at the top and a lead line at the bottom,
which is designed to entangle fish in the net openings as they swim
into it.

(TT)
"Tag fishing tournament" means a contest in which a
participant pays a fee, or gives other valuable consideration, for a
chance to win a prize by virtue of catching a tagged or otherwise
specifically marked fish within a limited period of time.

(UU)
"Tenant" means an individual who resides on land for which
the individual pays rent and whose annual income is primarily derived
from agricultural production conducted on that land, as "agricultural
production" is defined in section 929.01 of the Revised Code.

(VV)
"Nonnative wildlife" means any wild animal not indigenous
to this state, but does not include domestic deer.

(WW)
"Reptiles" includes common musk turtle (sternotherus
odoratus), common snapping turtle (Chelydra serpentina serpentina),
spotted turtle (Clemmys guttata), eastern box turtle (Terrapene
carolina carolina), Blanding's turtle (Emydoidea blandingii), common
map turtle (Graptemys geographica), ouachita map turtle (Graptemys
pseudogeographica ouachitensis), midland painted turtle (Chrysemys
picta marginata), red-eared slider (Trachemys scripta elegans),
eastern spiny softshell turtle (Apalone spinifera spinifera), midland
smooth softshell turtle (Apalone mutica mutica), northern fence
lizard (Sceloporus undulatus hyacinthinus), ground skink (Scincella
lateralis), five-lined skink (Eumeces fasciatus), broadhead skink
(Eumeces laticeps), northern coal skink (Eumeces anthracinus
anthracinus), European wall lizard (Podarcis muralis), queen snake
(Regina septemvittata), Kirtland's snake (Clonophis kirtlandii),
northern water snake (Nerodia sipedon sipedon), Lake Erie watersnake
(Nerodia sipedon insularum), copperbelly water snake (Nerodia
erythrogaster neglecta), northern brown snake (Storeria dekayi
dekayi), midland brown snake (Storeria dekayi wrightorum), northern
redbelly snake (Storeria occipitomaculata occipitomaculata), eastern
garter snake (Thamnophis sirtalis sirtalis), eastern plains garter
snake (Thamnophis radix radix), Butler's garter snake (Thamnophis
butleri), shorthead garter snake (Thamnophis brachystoma), eastern
ribbon snake (Thamnophis sauritus sauritus), northern ribbon snake
(Thamnophis sauritus septentrionalis), eastern hognose snake
(Heterodon platirhinos), eastern smooth earth snake (Virginia
valeriae valeriae), northern ringneck snake (Diadophis punctatus
edwardsii), midwest worm snake (Carphophis amoenus helenae), eastern
worm snake (Carphophis amoenus amoenus), black racer (Coluber
constrictor constrictor), blue racer (Coluber constrictor foxii),
rough green snake (opheodrys aestivus), smooth green snake (opheodrys
vernalis vernalis), black rat snake (Elaphe obsoleta obsoleta),
eastern fox snake (Elaphe vulpina gloydi), black kingsnake
(Lampropeltis getula nigra), eastern milk snake (Lampropeltis
triangulum triangulum), northern copperhead (Agkistrodon contortrix
mokasen), eastern massasauga (Sistrurus catenatus catenatus), and
timber rattlesnake (Crotalus horridus horridus).

(XX)
"Amphibians" includes eastern hellbender (Crytpobranchus
alleganiensis alleganiensis), mudpuppy (Necturus maculosus
maculosus), red-spotted newt (Notophthalmus viridescens viridescens),
Jefferson salamander (Ambystoma jeffersonianum), spotted salamander
(Ambystoma maculatum), blue-spotted salamander (Ambystoma laterale),
smallmouth salamander (Ambystoma texanum), streamside salamander
(Ambystoma barbouri), marbled salamander (Ambystoma opacum), eastern
tiger salamander (Ambystoma tigrinum tigrinum), northern dusky
salamander (Desmognathus fuscus fuscus), mountain dusky salamander
(Desmognathus ochrophaeus), redback salamander (Plethodon cinereus),
ravine salamander (Plethodon richmondi), northern slimy salamander
(Plethodon glutinosus), Wehrle's salamander (Plethodon wehrlei),
four-toed salamander (Hemidactylium scutatum), Kentucky spring
salamander (Gyrinophilus porphyriticus duryi), northern spring
salamander (Gyrinophilus porphyriticus porphyriticus), mud salamander
(Pseudotriton montanus), northern red salamander (Pseudotriton ruber
ruber), green salamander (Aneides aeneus), northern two-lined
salamander (Eurycea bislineata), longtail salamander (Eurycea
longicauda longicauda), cave salamander (Eurycea lucifuga), southern
two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo
woodhousii fowleri), American toad (Bufo americanus), eastern
spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris
crepitans blanchardi), northern spring peeper (Pseudacris crucifer
crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog
(Hyla chrysoscelis), western chorus frog (Pseudacris triseriata
triseriata), mountain chorus frog (Pseudacris brachyphona), bullfrog
(Rana catesbeiana), green frog (Rana clamitans melanota), northern
leopard frog (Rana pipiens), pickerel frog (Rana palustris), southern
leopard frog (Rana utricularia), and wood frog (Rana sylvatica).

(YY)
"Deer" means white-tailed deer (Oddocoileus virginianus).

(ZZ)
"Domestic deer" means nonnative deer that have been legally
acquired or their offspring and that are held in private ownership
for primarily agricultural purposes.

(AAA)
"Migratory game bird" includes waterfowl (Anatidae); doves
(Columbidae); cranes (Gruidae); cormorants (Phalacrocoracidea);
rails, coots, and gallinules (Rallidae); and woodcock and snipe
(Scolopacidae).

(BBB)
"Accompany" means to go along with another person while
staying within a distance from the person that enables uninterrupted,
unaided visual and auditory communication.

(CCC)
"All-purpose vehicle" means any vehicle that is designed
primarily for cross-country travel on land, water, or land and water
and that is steered by wheels, caterpillar treads, or a combination
of wheels and caterpillar treads and includes vehicles that operate
on a cushion of air, vehicles commonly known as all-terrain vehicles,
all-season vehicles, mini-bikes, and trail bikes.

(DDD)
"Wholly enclosed preserve" means an area of land that is
surrounded by a fence that is at least six feet in height, unless
otherwise specified in division rule, and is constructed of a woven
wire mesh, or another enclosure that the division of wildlife may
approve, where game birds, game quadrupeds, reptiles, amphibians, or
fur-bearing animals are raised and may be sold under the authority of
a commercial propagating license or captive white-tailed deer
propagation license obtained under section 1533.71 of the Revised
Code.

(EEE)
"Commercial bird shooting preserve" means an area of land
where game birds are released and hunted by shooting as authorized by
a commercial bird shooting preserve license obtained under section
1533.72 of the Revised Code.

(FFF)
"Wild animal hunting preserve" means an area of land where
game, captive white-tailed deer, and nonnative wildlife, other than
game birds, are released and hunted as authorized by a wild animal
hunting preserve license obtained under section 1533.721 of the
Revised Code.

(GGG)
"Captive white-tailed deer" means legally acquired deer
that are held in private ownership at a facility licensed under
section 943.03 or 943.031 of the Revised Code and under section
1533.71 or 1533.721 of the Revised Code.

(HHH)
"Wild boar" or "feral swine" means
either

a
hog, boar, or pig that appears to be untamed, undomesticated, or in a
wild state. "Wild boar" or "feral swine" includes
both
of
the following:

(1)

Members

Except
for Sus scrofa domesticus that is legally confined or held in
captivity, members
of
the family suidae, including
both

all

of
the following:

(a)
Wild pig, wild hog, feral hog, and feral pig;

(b)
Old world swine, razorbacks, European wild boar, and Russian wild
boar, and any hybrids or crossbreeds thereof;

(c)
Wild pig, wild hog, feral hog, or feral pig that appear contained in
a wild animal hunting preserve licensed under section 1533.721 of the
Revised Code or a wholly enclosed preserve for hunting or trapping.

(2)
Members of the family tayassuidae, including collared peccary and
javelina, and any hybrids or crossbreeds of members of the family

tayassuidea
tayassuidae
.

Sec.
1533.10.
(A)
Except as provided in this section or division (A)(2) of section
1533.12 or section 1533.73 or 1533.731 of the Revised Code, no person
shall hunt any wild bird or wild quadruped without a hunting license.
Each day that any person hunts within the state without procuring
such a license constitutes a separate offense.

(B)(1)
Except as otherwise provided in this section, division (A) of section
1533.12 of the Revised Code, or in rules adopted under division (B)
of that section, each applicant for a hunting license shall pay an
annual fee for each annual license in accordance with the following
schedule:

1

2

A

Hunting
license - resident

$18.00

B

Hunting
license - nonresident that is not a resident of a reciprocal
state, ages 18 and older

$174.00

C

Hunting
license - nonresident that is a resident of a reciprocal state,
ages 18 and older

$18.00

D

Apprentice
hunting license - resident

$18.00

E

Apprentice
hunting license - nonresident that is not a resident of a
reciprocal state

$174.00

F

Apprentice
hunting license - nonresident that is a resident of a reciprocal
state

$18.00

G

Youth
hunting license - resident and nonresident

$9.00

H

Apprentice
youth hunting license - resident

$9.00

I

Senior
hunting license - resident

$9.00

J

Apprentice
senior hunting license - resident

$9.00

(2)
Apprentice resident hunting licenses, apprentice youth hunting
licenses, apprentice senior hunting licenses, and apprentice
nonresident hunting licenses are subject to the requirements
established under section 1533.102 of the Revised Code and rules
adopted under it.

(3)
As used in division (B)(1) of this section:

(a)
"Youth" means an applicant who is under the age of eighteen
years at the time of application for a license.

(b)
"Senior" means an applicant who is sixty-six years of age
or older at the time of application for a license.

(c)
"Reciprocal state" means a state that is a party to an
agreement under section 1533.91 of the Revised Code.

(C)
A resident of this state who owns lands in the state and the owner's

parents,

children
of any age
,

and grandchildren under eighteen years of age may hunt on the lands
without a hunting license. A resident of any other state who owns
real property in this state, and the spouse and children living with
the property owner, may hunt on that property without a license,
provided that the state of residence of the real property owner
allows residents of this state owning real property in that state,
and the spouse and children living with the property owner, to hunt
without a license. If the owner of land in this state is a limited
liability company or a limited liability partnership that consists of
three or fewer individual members or partners, as applicable, an
individual member or partner who is a resident of this state and the
member's or partner's
parents,

children
of any age
,

and grandchildren under eighteen years of age may hunt on the land
owned by the limited liability company or limited liability
partnership without a hunting license. In addition, if the owner of
land in this state is a trust that has a total of three or fewer
trustees and beneficiaries, an individual who is a trustee or
beneficiary and who is a resident of this state and the individual's

parents,

children
of any age
,

and grandchildren under eighteen years of age may hunt on the land
owned by the trust without a hunting license. The tenant and children
of the tenant, residing on lands in the state, may hunt on them
without a hunting license.

(D)
The chief of the division of wildlife may issue a small game hunting
license expiring three days from the effective date of the license to
a nonresident of the state, the fee for which is thirty-nine dollars.
No person shall take or possess deer, wild turkeys, fur-bearing
animals, ducks, geese, brant, or any nongame animal while possessing
only a small game hunting license.

A
small game hunting license or an apprentice nonresident hunting
license does not authorize the taking or possessing of ducks, geese,
or brant without having obtained, in addition to the small game
hunting license or the apprentice nonresident hunting license, a
wetlands habitat stamp as provided in section 1533.112 of the Revised
Code. A small game hunting license or an apprentice nonresident
hunting license does not authorize the taking or possessing of deer,
wild turkeys, or fur-bearing animals. A nonresident of the state who
wishes to take or possess deer, wild turkeys, or fur-bearing animals
in this state shall procure, respectively, a deer or wild turkey
permit as provided in section 1533.11 of the Revised Code or a fur
taker permit as provided in section 1533.111 of the Revised Code in
addition to a nonresident hunting license, an apprentice nonresident
hunting license, a special youth hunting license, or an apprentice
youth hunting license, as applicable, as provided in this section.

(E)
No person shall procure or attempt to procure a hunting license by
fraud, deceit, misrepresentation, or any false statement.

(F)(1)
This section does not authorize the taking and possessing of deer or
wild turkeys without first having obtained, in addition to the
hunting license required by this section, a deer or wild turkey
permit as provided in section 1533.11 of the Revised Code or the
taking and possessing of ducks, geese, or brant without first having
obtained, in addition to the hunting license required by this
section, a wetlands habitat stamp as provided in section 1533.112 of
the Revised Code.

(2)
This section does not authorize the hunting or trapping of
fur-bearing animals without first having obtained, in addition to a
hunting license required by this section, a fur taker permit as
provided in section 1533.111 of the Revised Code.

(G)(1)
No hunting license shall be issued unless it is accompanied by a
written explanation of the law in section 1533.17 of the Revised Code
and the penalty for its violation, including a description of terms
of imprisonment and fines that may be imposed.

(2)
No hunting license, other than an apprentice hunting license, shall
be issued unless the applicant presents to the agent authorized to
issue the license a previously held hunting license or evidence of
having held such a license in content and manner approved by the
chief, a certificate of completion issued upon completion of a hunter
education and conservation course approved by the chief, or evidence
of equivalent training in content and manner approved by the chief. A
previously held apprentice hunting license does not satisfy the
requirement concerning the presentation of a previously held hunting
license or evidence of it.

(3)
No person shall issue a hunting license, except an apprentice hunting
license, to any person who fails to present the evidence required by
this section. No person shall purchase or obtain a hunting license,
other than an apprentice hunting license, without presenting to the
issuing agent the evidence required by this section. Issuance of a
hunting license in violation of the requirements of this section is
an offense by both the purchaser of the illegally obtained hunting
license and the clerk or agent who issued the hunting license. Any
hunting license issued in violation of this section is void.

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

Sec.
1533.11.
(A)(1)
Except as provided in this section or section 1533.731 of the Revised
Code, no person shall hunt deer on lands of another without first
obtaining an annual deer permit. Except as provided in this section,
no person shall hunt wild turkeys on lands of another without first
obtaining an annual wild turkey permit. A deer or wild turkey permit
is valid during the hunting license year in which the permit is
purchased. Except as provided in rules adopted under division (B) of
section 1533.12 of the Revised Code, each applicant for a deer or
wild turkey permit shall pay an annual fee for each permit in
accordance with the following schedule:

1

2

A

Deer
permit – resident

$30.00

B

Deer
permit – nonresident

$74.00

$210.00

C

Youth
deer permit – resident and nonresident

$15.00

D

Senior
deer permit – resident

$11.00

E

Wild
turkey permit – resident

$30.00

F

Wild
turkey permit – nonresident

$37.00

G

Youth
wild turkey permit – resident and nonresident

$15.00

H

Senior
wild turkey permit – resident

$11.00

(2)
As used in division (A)(1) of this section:

(a)
"Youth" means an applicant who is under the age of eighteen
years at the time of application for a permit.

(b)
"Senior" means an applicant who is sixty-six years of age
or older at the time of application for a permit.

(3)
The money received shall be paid into the state treasury to the
credit of the wildlife fund, created in section 1531.17 of the
Revised Code, exclusively for the use of the division of wildlife in
the acquisition and development of land for deer or wild turkey
management, for investigating deer or wild turkey problems, and for
the stocking, management, and protection of deer or wild turkey.

(4)
Every person, while hunting deer or wild turkey on lands of another,
shall carry the person's deer or wild turkey permit and exhibit it to
any enforcement officer so requesting. Failure to so carry and
exhibit such a permit constitutes an offense under this section.

(5)
The chief of the division of wildlife shall adopt any additional
rules the chief considers necessary to carry out this section and
section 1533.10 of the Revised Code.

(6)
An owner who is a resident of this state or an owner who is exempt
from obtaining a hunting license under section 1533.10 of the Revised
Code and the
spouse,
parents,
children

of
any age, and grandchildren under eighteen years of age
of
the owner of lands in this state may hunt deer or wild turkey thereon
without a deer or wild turkey permit. If the owner of land in this
state is a limited liability company or a limited liability
partnership that consists of three or fewer individual members or
partners, as applicable, an individual member or partner who is a
resident of this state and the member's or partner's

parents,

children of any age
,
and grandchildren under eighteen years of age

may hunt deer or wild turkey on the land owned by the limited
liability company or limited liability partnership without a deer or
wild turkey permit. In addition, if the owner of land in this state
is a trust that has a total of three or fewer trustees and
beneficiaries, an individual who is a trustee or beneficiary and who
is a resident of this state and the individual's
parents,

children
of any age
,
and grandchildren under eighteen years of age

may hunt deer or wild turkey on the land owned by the trust without a
deer or wild turkey permit. The tenant and children of the tenant may
hunt deer or wild turkey on lands where they reside without a deer or
wild turkey permit.

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

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

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

Sec.
1533.111.
(A)
Except as provided in this section or division (A)(2) of section
1533.12 of the Revised Code, no person shall hunt or trap fur-bearing
animals on land of another without first obtaining some type of an
annual fur taker permit.

(B)(1)
Except as otherwise provided in rules adopted under division (B) of
section 1533.12 of the Revised Code, each applicant for a fur taker
permit or an apprentice fur taker permit shall pay an annual fee for
each annual permit in accordance with the following schedule:

1

2

A

Fur
taker permit

$14.00

B

Apprentice
fur taker permit

$14.00

C

Senior
fur taker permit – resident only

$7.00

D

Apprentice
senior fur taker permit – resident only

$7.00

E

Special
youth fur taker permit

$7.00

F

Apprentice
youth fur taker permit

$7.00

(2)
As used in division (B)(1) of this section:

(a)
"Youth" means an applicant who is under the age of eighteen
years at the time of application for a permit.

(b)
"Senior" means an applicant who is sixty-six years of age
or older at the time of application for a permit.

(C)
Each type of fur taker permit is valid during the hunting license
year in which the permit is purchased. The money received shall be
paid into the state treasury to the credit of the fund established in
section 1533.15 of the Revised Code. Apprentice fur taker permits and
apprentice youth fur taker permits are subject to the requirements
established under section 1533.102 of the Revised Code and rules
adopted pursuant to it.

(D)(1)
No person shall issue a fur taker permit to an applicant unless it is
accompanied by a written explanation of the law in section 1533.17 of
the Revised Code and the penalty for its violation, including a
description of terms of imprisonment and fines that may be imposed.

(2)
No person shall issue a fur taker permit, other than an apprentice
fur taker permit or an apprentice youth fur taker permit, to an
applicant unless the applicant presents to the agent authorized to
issue a fur taker permit a previously held hunting license or
trapping or fur taker permit or evidence of having held such a
license or permit in content and manner approved by the chief of the
division of wildlife, a certificate of completion issued upon
completion of a trapper education course approved by the chief, or
evidence of equivalent training in content and manner approved by the
chief. A previously held apprentice hunting license, apprentice fur
taker permit, or apprentice youth fur taker permit does not satisfy
the requirement concerning the presentation of a previously held
hunting license or fur taker permit or evidence of such a license or
permit.

(3)
No person shall issue a fur taker permit, other than an apprentice
fur taker permit or an apprentice youth fur taker permit, to any
person who fails to present the evidence required by this section. No
person shall purchase or obtain a fur taker permit, other than an
apprentice fur taker permit or an apprentice youth fur taker permit,
without presenting to the issuing agent the evidence required by this
section. Issuance of a fur taker permit in violation of the
requirements of this section is an offense by both the purchaser of
the illegally obtained permit and the clerk or agent who issued the
permit. Any fur taker permit issued in violation of this section is
void.

(E)
The chief, with approval of the wildlife council, shall adopt rules
prescribing a trapper education course for first-time fur taker
permit buyers, other than buyers of apprentice fur taker permits or
apprentice youth fur taker permits, and for volunteer instructors.
The course shall consist of subjects that include, but are not
limited to, trapping techniques, animal habits and identification,
trapping tradition and ethics, the trapper and conservation, the law
in section 1533.17 of the Revised Code along with the penalty for its
violation, including a description of terms of imprisonment and fines
that may be imposed, and other law relating to trapping. Authorized
personnel of the division of wildlife or volunteer instructors
approved by the chief shall conduct the courses with such frequency
and at such locations throughout the state as to reasonably meet the
needs of permit applicants. The chief shall issue a certificate of
completion to each person who successfully completes the course and
passes an examination prescribed by the chief.

(F)
Every person, while hunting or trapping fur-bearing animals on lands
of another, shall carry the person's fur taker permit with the
person's signature written on the permit. Failure to carry such a
signed permit constitutes an offense under this section. The chief
shall adopt any additional rules the chief considers necessary to
carry out this section.

(G)
An owner who is a resident of this state or an owner who is exempt
from obtaining a hunting license under section 1533.10 of the Revised
Code and the
spouse,
parents,
children

of
any age, and grandchildren under eighteen years of age

of the owner of lands in this state may hunt or trap fur-bearing
animals thereon without a fur taker permit. If the owner of land in
this state is a limited liability company or a limited liability
partnership that consists of three or fewer individual members or
partners, as applicable, an individual member or partner who is a
resident of this state and the member's or partner's
parents,

children
of any age
,
and grandchildren under eighteen years of age
may
hunt or trap fur-bearing animals on the land owned by the limited
liability company or limited liability partnership without a fur
taker permit. In addition, if the owner of land in this state is a
trust that has a total of three or fewer trustees and beneficiaries,
an individual who is a trustee or beneficiary and who is a resident
of this state and the individual's
parents,

children
of any age
,
and grandchildren under eighteen years of age
may
hunt or trap fur-bearing animals on the land owned by the trust
without a fur taker permit. The tenant and children of the tenant may
hunt or trap fur-bearing animals on lands where they reside without a
fur taker permit.

(H)
A fur taker permit is not transferable. No person shall carry a fur
taker permit issued in the name of another person.

(I)
A fur taker permit entitles a nonresident to take from this state
fur-bearing animals taken and possessed by the nonresident as
provided by law or division rule.

Sec.
1533.13.
Hunting
and fishing licenses, wetlands habitat stamps, deer and wild turkey
permits, fur taker permits, and any other licenses, permits, or
stamps that are required under this chapter or Chapter 1531. of the
Revised Code and any reissued license, permit, or stamp may be issued
by the clerk of the court of common pleas, village clerks, township
fiscal officers, and other authorized agents designated by the chief
of the division of wildlife. When required by the chief, a clerk,
fiscal officer, or other agent shall give bond in the manner provided
by the chief. All bonds, reports,
except

records

prescribed
by the auditor of state
,
and moneys received by those persons shall be handled under rules
adopted by the director of natural resources.

The
premium of any bond prescribed by the chief under this section may be
paid by the chief. Any person who is designated and authorized by the
chief to issue licenses, stamps, and permits as provided in this
section, except the clerk of the court of common pleas, a village
clerk, and a township fiscal officer, shall pay to the chief a
premium in an amount that represents the person's portion of the
premium paid by the chief under this section, which amount shall be
established by the chief and approved by the wildlife council created
under section 1531.03 of the Revised Code. The chief shall pay all
moneys that the chief receives as premiums under this section into
the state treasury to the credit of the wildlife fund created under
section 1531.17 of the Revised Code.

Every
authorized agent, for the purpose of issuing hunting and fishing
licenses, wetlands habitat stamps, deer and wild turkey permits, and
fur taker permits, may administer oaths to and take affidavits from
applicants for the licenses, stamps, or permits when required. An
authorized agent may appoint deputies to perform any acts that the
agent is authorized to perform, consistent with division rules.

Every
applicant for a hunting or fishing license, wetlands habitat stamp,
deer or wild turkey permit, or fur taker permit, unless otherwise
provided by division rule, shall provide the applicant's name, date
of birth, weight, height, and place of residence and any other
information that the chief may require. The clerk, fiscal officer, or
other agent authorized to issue licenses, stamps, and permits shall
charge each applicant a fee of one dollar or four per cent of the
cost of the license, stamp, or permit, whichever is greater, for
taking the information provided by the applicant and issuing the
license, stamp, or permit. The application, license, stamp, permit,
and other blanks required by this section shall be prepared and
furnished by the chief, in the form the chief provides, to the clerk,
fiscal officer, or other agent authorized to issue them. The licenses
and permits shall be issued to applicants by the clerk, fiscal
officer, or other agent. The record of licenses and permits kept by
the clerks, fiscal officers, and other agents shall be uniform
throughout the state
and
in the form or manner as the auditor of state prescribes
and
shall be open at all reasonable hours to the inspection of any
person. Unless otherwise provided by division rule, each annual
hunting license, deer or wild turkey permit, and fur taker permit
issued shall remain in force until the first day of March.
Application for any such license or permit may be made and a license
or permit issued prior to the date upon which it becomes effective.

The
chief may require an applicant who wishes to purchase a license,
stamp, or permit by mail or telephone or via the internet to pay a
nominal fee for postage and handling and credit card transactions.

The
court before whom a violator of any laws or division rules for the
protection of wild animals is tried, as a part of the punishment,
shall revoke the license, stamp, or permit of any person convicted.
The license, stamp, or permit fee paid by that person shall not be
returned to the person. The person shall not procure or use any other
license, stamp, or permit or engage in hunting wild animals or
trapping fur-bearing animals during the period of revocation as
ordered by the court.

No
person under sixteen years of age shall engage in hunting unless
accompanied by the person's parent or another adult person.

Sec.
1533.131.
The
chief of the division of wildlife may sell gift certificates that may
be used to obtain

hunting
and fishing
,
pay for, or purchase
licenses,

fur
taker, deer, and wild turkey
permits,

and
wetlands habitat
stamps
,
user fees, and conservation-related items provided for under this
chapter or Chapter 1531. of the Revised Code
.

For
the purposes of this section, the
The

chief

shall

may

adopt
rules in accordance with section 1531.10 of the Revised Code
doing

necessary
to administer this section, including
all
of the following:

(A)

Providing
that a gift certificate may be used to obtain a resident or
nonresident hunting license under section 1533.10 of the Revised
Code, a resident or nonresident fishing license under section 1533.32
of the Revised Code, a fur taker permit under section 1533.111 of the
Revised Code, a deer or wild turkey permit under section 1533.11 of
the Revised Code, a wetlands habitat stamp under section 1533.112 of
the Revised Code, or a combination of those licenses, permits, and
stamps
Designating
which licenses, permits, stamps, user fees, and conservation-related
items may be obtained, paid for, or purchased with a gift
certificate
;

(B)
Prescribing the form for the gift certificates;

(C)
Authorizing persons who are designated and authorized under section
1533.13 of the Revised Code to sell licenses and permits under this
chapter also to sell gift certificates under this section
;

(D)
Establishing fees for the gift certificates, which shall equal the
total of the fee for a resident or nonresident hunting license, a
resident or nonresident fishing license, a fur taker permit, a deer
or wild turkey permit, a wetlands habitat stamp, or a combination of
those licenses, permits, and stamp, as applicable, and the fee
established under section 1533.13 of the Revised Code;

(E)
Requiring gift certificates to expire one year after the date of
purchase
.

Nothing
in this section or rules adopted under it relieves an individual who
receives a gift certificate for a hunting license from complying with
the requirement established under section 1533.10 of the Revised Code
to present, when applying for the license, a previously held hunting
license or evidence of having held such a license in content and
manner approved by the chief, a certificate of completion issued upon
completion of a hunter education and conservation course approved by
the chief, or evidence of equivalent training in content and manner
approved by the chief.

Nothing
in this section or rules adopted under it relieves an individual who
receives a gift certificate for a fur taker permit from complying
with the requirements established under section 1533.111 of the
Revised Code to present, when applying for the permit, a previously
held hunting license or trapping or fur taker permit or evidence of
having held such a license or permit in content and manner approved
by the chief, a certificate of completion issued upon completion of a
trapper education course approved by the chief, or evidence of
equivalent training in content and manner approved by the chief.

Sec.
1533.32.
(A)
Except as provided in this section or division (A)(2) or (C) of
section 1533.12 of the Revised Code or as exempted at the discretion
of the chief of the division of wildlife, no person, including
nonresidents, shall take or catch any fish by angling in any of the
waters in the state or engage in fishing in those waters without a
license. No person shall take or catch frogs or turtles without a
valid fishing license, except as provided in this section. Persons
fishing in privately owned ponds, lakes, or reservoirs to or from
which fish are not accustomed to migrate are exempt from the license
requirements set forth in this section. Persons fishing in privately
owned ponds, lakes, or reservoirs that are open to public fishing
through an agreement or lease with the division of wildlife shall
comply with the license requirements set forth in this section.

(B)(1)
Except as otherwise provided in rules adopted under division (B) of
section 1533.12 of the Revised Code, each applicant for a fishing
license shall pay a fee for each license in accordance with the
following schedule:

1

2

A

Annual
fishing license – resident

$24.00

B

Annual
fishing license – nonresident that is not a resident of a
reciprocal state

$49.00

$74.00

C

Annual
fishing license – nonresident that is a resident of a reciprocal
state

$24.00

D

Annual
senior fishing license – resident

$9.00

E

Three-day
tourist fishing license – nonresident that is not a resident of
a reciprocal state

$24.00

$50.00

F

One-day
fishing license

-
resident

$13.00

G

One-day
fishing license - nonresident that is not a resident of a
reciprocal state

$26.00

H

One-day
fishing license - nonresident that is a resident of a reciprocal
state

$13.00

(2)
As used in division (B)(1) of this section:

(a)
"Reciprocal state" means a state that is a party to an
agreement under section 1533.91 of the Revised Code.

(b)
"Senior" means an applicant who is sixty-six years of age
or older at the time of application for a license.

(3)
Any person under the age of sixteen years may take or catch frogs and
turtles and take or catch fish by angling without a license.

(C)(1)
The chief of the division of wildlife may issue a tourist's license
expiring three days from the effective date of the license to a
resident of a state that is not a party to an agreement under section
1533.91 of the Revised Code.

(2)
The chief shall adopt rules under section 1531.10 of the Revised Code
providing for the issuance of a one-day fishing license to a resident
of this state or of any other state. A one-day fishing license shall
allow the holder to take or catch fish by angling in the waters in
the state, engage in fishing in those waters, or take or catch frogs
or turtles in those waters for one day without obtaining an annual
license or a tourist's license under this section. At the request of
a holder of a one-day fishing license who wishes to obtain an annual
license, a clerk or agent authorized to issue licenses under section
1533.13 of the Revised Code, not later than the last day on which the
one-day license would be valid if it were an annual license, shall
credit the amount of the fee paid for the one-day license toward the
fee charged for the annual license if so authorized by the chief. The
clerk or agent shall issue the annual license upon presentation of
the one-day license and payment of a fee in an amount equal to the
difference between the fee for the annual license and the fee for the
one-day license.

(3)
Unless otherwise provided by division rule, each annual license shall
begin on the date of issuance and expire a year from the date of
issuance.

(4)
Unless otherwise provided by division rule, each multi-year license
issued in accordance with section 1533.321 of the Revised Code shall
begin on the date of issuance and expire three years, five years, or
ten years from the date of issuance, as applicable.

(5)
No person shall alter a fishing license or possess a fishing license
that has been altered.

(6)
No person shall procure or attempt to procure a fishing license by
fraud, deceit, misrepresentation, or any false statement.

(7)
A resident of this state who owns land over, through, upon, or along
which any water flows or stands, except where the land is in or
borders on state parks or state-owned lakes, together with the
members of the immediate families of such owners, may take frogs and
turtles and may take or catch fish of the kind permitted to be taken
or caught therefrom without procuring a license provided for in this
section. This exemption extends to tenants actually residing upon
such lands and to the members of the immediate families of the
tenants. A resident of any other state who owns land in this state
over, through, upon, or along which any water flows or stands, except
where the land is in or borders on state parks or state-owned lakes,
and the spouse and children living with the owner, may take frogs and
turtles and may take or catch fish of the kind permitted to be taken
or caught from that water without obtaining a license under this
section, provided that the state of residence of the owner allows
residents of this state owning real property in that state, and the
spouse and children living with such a property owner, to take frogs
and turtles and take or catch fish without a license. If the owner of
such land in this state is a limited liability company or a limited
liability partnership that consists of three or fewer individual
members or partners, as applicable, an individual member or partner
who is a resident of this state and the member's or partner's
children of any age may take frogs and turtles and may take or catch
fish of the kind permitted to be taken or caught therefrom without
procuring a license provided for in this section. In addition, if the
owner of such land in this state is a trust that has a total of three
or fewer trustees and beneficiaries, an individual who is a trustee
or beneficiary and who is a resident of this state and the
individual's children of any age may take frogs and turtles and may
take or catch fish of the kind permitted to be taken or caught
therefrom without procuring a license provided for in this section.
Residents of state or county institutions, charitable institutions,
and military homes in this state may take frogs and turtles without
procuring the required license, provided that a member of the
institution or home has an identification card, which shall be
carried on that person when fishing.

(8)
Every fisher required to be licensed, while fishing or taking or
attempting to take frogs or turtles, shall carry the license and
exhibit it to any person. Failure to so carry and exhibit the license
constitutes an offense under this section.

Sec.
1545.041.
(A)
Any township park district created pursuant to section 511.18 of the
Revised Code that includes park land located outside the township in
which the park district was established may be converted under the
procedures provided in this section into a park district to be
operated and maintained as provided for in this chapter, provided
that there is no existing park district created under section 1545.04
of the Revised Code in the county in which the township park district
is located. The proposed park district shall include within its
boundary all townships and municipal corporations in which lands
owned by the township park district seeking conversion are located,
and may include any other townships and municipal corporations in the
county in which the township park district is located.

(B)
Conversion of a township park district into a park district operated
and maintained under this chapter shall be initiated by a resolution
adopted by the board of park commissioners of the park district. Any
resolution initiating a conversion shall include the following:

(1)
The name of the township park district seeking conversion;

(2)
The name of the proposed park district;

(3)
An accurate description of the territory to be included in the
proposed district;

(4)
An accurate map or plat of the proposed park district. The resolution
may also include a proposed tax levy for the operation and
maintenance of the proposed park district. If such a tax levy is
proposed, the resolution shall specify the annual rate of the tax,
expressed in dollars for each one hundred thousand dollars of the
county auditor's
appraised

market

value
and in mills for each dollar of taxable value, and the number of
consecutive years the levy will be in effect. The annual rate of such
a tax may not be higher than the total combined millage of all levies
then in effect for the benefit of the township park district named in
the resolution.

(C)
Upon adoption of the resolution provided for in division (B) of this
section, the board of park commissioners of the township park
district seeking conversion under this section shall certify the
resolution to the county auditor, who shall certify to the board the
information required for a tax levy under section 5705.03 of the
Revised Code, in the same manner as required under that section.

The
board shall certify the resolution and the county auditor's
certification to the board of elections of the county in which the
park district is located no later than four p.m. of the seventy-fifth
day before the day of the election at which the question will be
voted upon. Upon certification of the resolution to the board, the
board of elections shall make the necessary arrangements to submit
the question of conversion of the township park into a park district
operated and maintained under Chapter 1545. of the Revised Code, to
the electors qualified to vote at the next primary or general
election who reside in the territory of the proposed park district.
The question shall provide for a tax levy if such a levy is specified
in the resolution.

(D)
The ballot submitted to the electors as provided in division (C) of
this section shall contain the following language:

"Shall
the _______________ (name of the township park district seeking
conversion) be converted into a park district to be operated and
maintained under Chapter 1545. of the Revised Code under the name of
_______________ (name of proposed park district), which park district
shall include the following townships and municipal corporations:

(Name
townships and municipal corporations)

Approval
of the proposed conversion will result in the termination of all
existing tax levies voted for the benefit of _______________ (name of
the township park district sought to be converted) and in the levy of
a new tax for the operation and maintenance of ______________ (name
of proposed park district), that the county auditor estimates will
collect $_____ annually, at a rate not exceeding _________ mills for
each $1 of taxable value, which amounts to $_________ for each
$100,000 of the county auditor's
appraised

market

value,
for _____ (number of years the millage is to be imposed) years,
commencing on the ______ (year) tax duplicate.

For
the proposed conversion

Against
the proposed conversion

"

(E)
If the proposed conversion is approved by at least a majority of the
electors voting on the proposal, the township park district that
seeks conversion shall become a park district subject to Chapter
1545. of the Revised Code effective the first day of January
following approval by the voters. The park district shall have the
name specified in the resolution, and effective the first day of
January following approval by the voters, the following shall occur:

(1)
The indebtedness of the former township park district shall be
assumed by the new park district;

(2)
All rights, assets, properties, and other interests of the former
township park district shall become vested in the new park district,
including the rights to any tax revenues previously vested in the
former township park district; provided, that all tax levies in
excess of the ten mill limitation approved for the benefit of the
former township park district shall be removed from the tax lists
after the February settlement next succeeding the conversion. Any tax
levy approved in connection with the conversion shall be certified as
provided in section 5705.25 of the Revised Code.

(3)
The members of the board of park commissioners of the former township
park district shall be the members of the board of park commissioners
of the new park district, with all the same powers and duties as if
appointed under section 1545.05 of the Revised Code. The term of each
such commissioner shall expire on the first day of January of the
year following the year in which his term would have expired under
section 511.19 of the Revised Code. Thereafter, commissioners shall
be appointed pursuant to section 1545.05 of the Revised Code.

As
used in this section, "the county auditor's
appraised

market

value"
has the same meaning as in section 5705.01 of the Revised Code.

Sec.
1545.21.
(A)
The board of park commissioners, by resolution, may submit to the
electors of the park district the question of levying taxes for the
use of the district. The resolution shall declare the necessity of
levying such taxes, shall specify the purpose for which such taxes
shall be used, the annual rate proposed, and the number of
consecutive years the rate shall be levied. Such resolution shall be
forthwith certified to the board of elections in each county in which
any part of such district is located, not later than the ninetieth
day before the day of the election, and the question of the levy of
taxes as provided in such resolution shall be submitted to the
electors of the district at a special election to be held on
whichever of the following occurs first:

(1)
The day of the next general election;

(2)
The first Tuesday after the first Monday in May in any calendar year,
except that if a presidential primary election is held in that
calendar year, then the day of that election.

A
resolution to renew, renew and increase, or renew and decrease any
existing levy shall not be placed on the ballot unless the question
is submitted at the general election held during the last year the
tax to be renewed may be extended on the tax list, or at any election
described in division (A)(1) or (2) of this section in the ensuing
year. Such a resolution may specify that the renewal, increase, or
decrease of the existing levy shall be extended on the tax list for
the tax year specified in the resolution, which may be the last year
the existing levy may be extended on the list for the ensuing year.
If the renewal, increase, or decrease is to be extended on the tax
list for the last tax year the existing levy would otherwise be
extended, the existing levy shall not be extended on the tax list for
that last year unless the question of the renewal, increase, or
decrease is not approved by a majority of electors voting on the
question, in which case the existing levy shall be extended on the
tax list for that last year.

Except
as otherwise prescribed in division (B) of this section, the ballot
shall set forth the purpose for which the taxes shall be levied, the
levy's estimated annual collections, the annual rate of levy,
expressed in mills for each dollar of taxable value and in dollars
for each one hundred thousand dollars of the county auditor's

appraised

market

value,
and the number of years of such levy. If the tax is to be placed on
the current tax list, the form of the ballot shall state that the tax
will be levied in the current tax year and shall indicate the first
calendar year the tax will be due.

(B)(1)

(B)

If
the resolution of the board of park commissioners provides that an
existing levy will be renewed, increased, or decreased upon the
passage of the ballot question, the form of the ballot shall be the
same as prescribed for such levies in divisions (B) and (C) of
section 5705.25 of the Revised Code.

(2)
If the resolution of the board of park commissioners provides that an
existing levy will be canceled upon the passage of the new levy, the
board shall request that the county auditor, in addition to the
information the auditor is required to certify under section 5705.03
of the Revised Code, certify the effective rate of the existing levy.
In such an instance, the ballot must include a statement that: "an
existing levy of ___ mills (stating the original levy millage) for
each $1 of taxable value, which amounts to $___ (effective rate) for
each $100,000 of the county auditor's appraised value, having ___
years remaining, will be canceled and replaced upon the passage of
this levy." In such case, the ballot may refer to the new levy
as a "replacement levy" if the new millage does not exceed
the original millage of the levy being canceled or as a "replacement
and additional levy" if the new millage exceeds the original
millage of the levy being canceled.

(C)
If a majority of the electors voting upon the question of such levy
vote in favor thereof, such taxes shall be levied and shall be in
addition to the taxes authorized by section 1545.20 of the Revised
Code, and all other taxes authorized by law. The rate submitted to
the electors at any one time shall not exceed two mills annually upon
each dollar of taxable value unless the purpose of the levy includes
providing operating revenues for one of Ohio's major metropolitan
zoos, as defined in section 4503.74 of the Revised Code, in which
case the rate shall not exceed three mills annually upon each dollar
of taxable value. When a tax levy has been authorized as provided in
this section or in section 1545.041 of the Revised Code, the board of
park commissioners may issue bonds pursuant to section 133.24 of the
Revised Code in anticipation of the collection of such levy, provided
that such bonds shall be issued only for the purpose of acquiring and
improving lands. Such levy, when collected, shall be applied in
payment of the bonds so issued and the interest thereon. The amount
of bonds so issued and outstanding at any time shall not exceed one
per cent of the total taxable value in such district. Such bonds
shall bear interest at a rate not to exceed the rate determined as
provided in section 9.95 of the Revised Code.

(D)
As used in this section, "the county auditor's
appraised

market

value"
and "effective rate" have the same meanings as in section
5705.01 of the Revised Code.

Sec.
1546.04.
(A)
Except as provided in this section, the chief of the division of
parks and watercraft, with the approval of the director of natural
resources, shall adopt rules in accordance with Chapter 119. of the
Revised Code that are necessary for the proper management of state
parks, bodies of water, and the lands adjacent to them under its
jurisdiction and control, including rules:

(1)
Governing opening and closing times and dates of state parks;

(2)
Establishing fees and charges for use of facilities in state parks;

(3)
Governing camps, camping, and fees for camps and camping;

(4)
Governing the application for and rental of, rental fees for, and the
use of cottages;

(5)
Relating to public use of state park lands, and governing the
operation of motor vehicles, including speeds and parking on those
lands;

(6)
Governing all advertising within state parks and requirements for the
operation of places selling tangible personal property and food
service sales on lands and waters under the control of the division.
The rules shall establish uniform requirements for those operations
and sales.

(7)
Providing uniform standards relating to the size, type, location,
construction, and maintenance of structures and devices used for
fishing or moorage of watercraft, rowboats, sailboats, and powercraft
over waters under the control of the division and establishing
reasonable fees for the construction of, and annual use permits for,
those structures and devices;

(8)
Governing state beaches, swimming, inflatable devices, and fees for
them;

(9)
Governing the removal and disposition of any watercraft, rowboat,
sailboat, or powercraft left unattended for more than seven days on
any lands or waters under the control of the division;

(10)
Governing the establishment and collection of check collection
charges for checks that are returned to the division or dishonored
for any reason;

(11)
Governing natural resources officers in all parks and bodies of water
and lands adjacent to those bodies under the supervision and control
of the division as are necessary to the proper management of such
parks and bodies of water.

(B)
The chief shall adopt rules in accordance with Chapter 119. of the
Revised Code establishing a discount program for all persons who are
issued a golden buckeye card under section 173.06 of the Revised
Code. The discount program shall provide a discount for all park
services and rentals, but shall not provide a discount for the
purchase of merchandise.

(C)
The chief, with the approval of the director of natural resources,
may adopt rules in accordance with Chapter 119. of the Revised Code
that establish all of the following:

(1)
Requirements governing the administration of state parks;

(2)
Requirements considered necessary by the chief to supplement the
identification, operation, titling, use, registration, and numbering
of watercraft or vessels as provided in Chapters 1547. and 1548. of
the Revised Code;

(3)
Requirements governing the navigation of vessels on waters in this
state, including rules regarding steering and sailing, the conduct of
vessels in sight of one another or in restricted visibility, lights
and shapes of lights used on vessels, and sound and light signals. As
the chief considers necessary, the chief shall ensure that those
rules are consistent with and equivalent to the regulations and
interpretive rulings governing inland waters adopted or issued under
the "Inland Navigational Rules Act of 1980," 94 Stat. 3415,
33 U.S.C. 151, 1604, 1605, 1608, 2001 to 2008, and 2071 to 2073.

(4)
Requirements and procedures governing vessel safety inspection
checkpoints, including procedures that comply with statutory and
constitutional provisions governing searches and seizures by law
enforcement officers;

(5)
Fees and charges for all of the following:

(a)
Boating skill development classes and other educational classes;

(b)
Law enforcement services provided at special events when the services
are in addition to normal enforcement duties;

(c)
Inspections of vessels or motors conducted under Chapter 1547. or
Chapter 1548. of the Revised Code.

(D)
The chief shall not adopt rules under this section establishing fees
or charges for parking a motor vehicle in a state park or for
admission to a state park.

(E)
If the chief adopts rules under this section for the issuance of a
permit for preventing or limiting ice formation on the surface of
water that is located in a state park on property owned or managed by
the division, the chief shall not levy a fee for the issuance of the
permit.

Sec.
1546.25.
The
park lodges, maintenance, and repair fund is created in the state
treasury. The fund shall consist of money received from contractual
agreements with service providers and concessionaires for state park
lodges, restaurants, and marinas. The chief of the division of parks
and watercraft shall use money in the fund to pay maintenance and
repair costs for facilities operated by concessionaires and service
providers at state park lodges, restaurants, and marinas.

Sec.
1546.26.
The
parks and watercraft holding fund is created in the state treasury.
The fund shall consist of money received by the division of parks and
watercraft from gift card sales, credit card sales, and sales
conducted at field locations.

With
regard to gift card sales, the chief of the division of parks and
watercraft shall transfer money in the parks and watercraft holding
fund to the appropriate fund after gift certificates and gift cards
are redeemed.

Sec.
1547.54.
(A)(1)
Except as otherwise provided in section 1547.542 of the Revised Code,
the owner of every watercraft requiring registration under this
chapter shall file an application for a triennial registration
certificate with the chief of the division of parks and watercraft on
forms that shall be provided by the chief or by an electronic means
approved by the chief. The application shall be signed by the
following:

(a)
If the watercraft is owned by two persons under joint ownership with
right of survivorship established under section 2131.12 of the
Revised Code, by both of those persons as owners of the watercraft.
The signatures may be done by electronic signature if the owners
themselves are renewing the registration and there are no changes in
the registration information since the issuance of the immediately
preceding registration certificate. In all other instances, the
signatures shall be done manually.

(b)
If the watercraft is owned by a minor, by the minor and a parent or
legal guardian. The signatures may be done by electronic signature if
the parent or legal guardian and the minor themselves are renewing
the registration and there are no changes in the registration
information since the issuance of the immediately preceding
registration certificate. In all other instances, the signatures
shall be done manually.

(c)
In all other cases, by the owner of the watercraft. The signature may
be done by electronic signature if the owner is renewing the
registration personally and there are no changes in the registration
information since the issuance of the immediately preceding
registration certificate. In all other instances, the signatures
shall be done manually.

(2)
An application for a triennial registration of a watercraft filed
under division (A)(1) of this section shall be accompanied by the
following fee:

(a)
For canoes, rowboats, and inflatable watercraft that are numbered
under section 1547.53 of the Revised Code, twelve dollars;

(b)
For canoes, row boats, and inflatable watercraft that are not
numbered under section 1547.53 of the Revised Code, seventeen
dollars;

(c)
For class A watercraft, including motorized canoes,thirty dollars;

(d)
For class 1 watercraft, forty-five dollars;

(e)
For class 2 watercraft, sixty dollars;

(f)
For class 3 watercraft, seventy-five dollars;

(g)
For class 4 watercraft, ninety dollars.

(3)
For the purpose of registration, any watercraft operated by means of
power, sail, or any other mechanical or electrical means of
propulsion, except motorized canoes,shall be registered by length as
prescribed in this section.

(4)
If an application for registration is filed by two persons as owners
under division (A)(1)(a) of this section, the person who is listed
first on the title shall serve as and perform the duties of the
"owner" and shall be considered the person "in whose
name the watercraft is registered" for purposes of divisions (B)
to (R) of this section and for purposes of all other sections in this
chapter.

(B)
All registration certificates issued under this section are valid for
three years and are renewable on a triennial basis unless sooner
terminated or discontinued in accordance with this chapter. The
renewal date shall be printed on the registration certificate. A
registration certificate may be renewed by the owner in the manner
prescribed by the chief. All fees shall be charged according to a
proration of the time remaining in the registration cycle to the
nearest year.

(C)
In addition to the fees set forth in this section, the chief, or any
authorized agent, shall charge an additional writing fee of three
dollars for any registration certificate the chief or authorized
agent issues. When the registration certificate is issued by an
authorized agent, the additional writing fee of three dollars shall
be retained by the issuing agent. When the registration certificate
is issued by the chief, the additional writing fee of three dollars
shall be deposited to the credit of the waterways safety fund
established in section 1547.75 of the Revised Code.

(D)
In addition to the fees established in this section, watercraft that
are not powercraft shall be charged a waterways conservation
assessment fee of five dollars. The fee shall be collected at the
time of the issuance of a triennial watercraft registration under
division (A)(2) of this section and deposited in the state treasury
and credited to a distinct account in the waterways safety fund
created in section 1547.75 of the Revised Code.

(E)(1)
Upon receipt of the application in approved form, the chief shall
enter the same upon the records of the office of the division of
parks and watercraft, assign a number to the watercraft if a number
is required under section 1547.53 of the Revised Code, and issue to
the applicant a registration certificate. If a number is assigned by
the chief, it shall be set forth on the certificate. The registration
certificate
,
in physical or digital form,

shall be on the watercraft for which it is issued and available at
all times for inspection whenever the watercraft is in operation,
except that livery operators may retain the registration certificate
at the livery where it shall remain available for inspection at all
times and except as otherwise provided in division (E)(2) of this
section.

(2)
A person who is operating on the waters of this state a canoe,
kayak,

rowboat,
or inflatable watercraft

meeting
the definition of a paddlecraft

that has not been numbered under section 1547.53 of the Revised Code
and who is stopped by a law enforcement officer in the enforcement of
this chapter or rules shall present to the officer, not later than
seventy-two hours after being stopped, a registration certificate
,
in physical or digital form
.
The registration certificate shall have been obtained under this
section for the canoe,
kayak,

rowboat,
or inflatable watercraft

meeting
the definition of a paddlecraft

prior to the time that it was stopped. Failure of the person to
present the registration certificate within seventy-two hours
constitutes prima-facie evidence of a violation of this section.

(F)
No person shall issue or be issued a registration certificate for a
watercraft that is required to be issued a certificate of title under
Chapter 1548. of the Revised Code except upon presentation of a
certificate of title for the watercraft as provided in that chapter,
proof of current documentation by the United States coast guard, a
renewal registration form provided by the division of parks and
watercraft, or a certificate of registration issued under this
section that has expired if there is no change in the ownership or
description of the watercraft.

(G)
Whenever the ownership of a watercraft changes, a new application
form together with the prescribed fee shall be filed with the chief
or the chief's agent and a new registration certificate shall be
issued. The application shall be signed manually by the person or
persons specified in divisions (A)(1)(a) to (c) of this section and
shall be accompanied by a two-dollar transfer fee. Any remaining time
on the registration shall be transferred. An authorized agent of the
chief shall charge an additional writing fee of three dollars, which
shall be retained by the issuing agent. If the certificate is issued
by the chief, an additional writing fee of three dollars for each
certificate issued shall be collected and deposited to the credit of
the waterways safety fund.

(H)
If an agency of the United States has in force an overall system of
identification numbering for watercraft or certain types of
watercraft within the United States, the numbering system employed by
the division shall be in conformity with that system.

(I)(1)
The chief may assign any registration certificates to any authorized
agent for the assignment of the registration certificates. If a
person accepts that authorization, the person may be assigned a block
of numbers and certificates that upon assignment, in conformity with
this chapter and Chapter 1548. of the Revised Code and with rules,
shall be valid as if assigned directly by the division. Any person so
designated as an agent by the chief shall post with the division
security as may be required by the director of natural resources. The
chief may issue an order temporarily or permanently restricting or
suspending an agent's authorization without a hearing if the chief
finds that the agent has violated this chapter or Chapter 1548. of
the Revised Code, rules, or any agreements prescribed by the chief.

(2)
A clerk of the court of common pleas may apply for designation as an
authorized agent of the chief. The division shall accept the clerk's
bond that is required under section 2303.02 of the Revised Code for
any security that is required for agents under this division,
provided that the bond includes a rider or other provision
specifically covering the clerk's duties as an authorized agent of
the chief.

(J)
All records of the division made or kept pursuant to this section
shall be public records. Those records shall be available for
inspection at reasonable hours and in a manner compatible with normal
operations of the division.

(K)
The owner shall furnish the division notice within fifteen days of
the following:

(1)
The transfer, other than through the creation of a security interest
in any watercraft, of all or any part of the owner's interest or, if
the watercraft is owned by two persons under joint ownership with
right of survivorship established under section 2131.12 of the
Revised Code, of all or any part of the joint interest of either of
the two persons. The transfer shall not terminate the registration
certificate.

(2)
Any change in the address appearing on the certificate. As a part of
the notification, the owner shall furnish the chief with the owner's
new address.

(3)
The destruction or abandonment of the watercraft.

(L)
The chief may issue duplicate registration certificates or duplicate
tags to owners of currently registered watercraft, the fee for which
shall be four dollars.

(M)
If the chief finds that a registration certificate previously issued
to an owner is in error to a degree that would impair its basic
purpose and use, the chief may issue a corrected certificate to the
owner without charge.

(N)
No authorized agent shall issue and no person shall receive or accept
from an authorized agent a registration certificate assigned to the
authorized agent under division (I) of this section unless the exact
month, day, and year of issue are plainly written on the certificate
by the agent. Certificates issued with incorrect dates of issue are
void from the time they are issued.

(O)
The chief, in accordance with Chapter 119. of the Revised Code, shall
adopt rules governing the renewal of watercraft registrations by
electronic means.

(P)
As used in this section:

(1)
"Disabled veteran" means a person who is included in either
of the following categories:

(a)
Because of a service-connected disability, has been or is awarded
funds for the purchase of a motor vehicle under the "Disabled
Veterans' and Servicemen's Automobile Assistance Act of 1970,"
84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto;

(b)
Has a service-connected disability rated at one hundred per cent by
the veterans administration.

(2)
"Prisoner of war" means any regularly appointed, enrolled,
enlisted, or inducted member of the military forces of the United
States who was captured, separated, and incarcerated by an enemy of
the United States at any time, and any regularly appointed, enrolled,
or enlisted member of the military forces of Great Britain, France,
Australia, Belgium, Brazil, Canada, China, Denmark, Greece, the
Netherlands, New Zealand, Norway, Poland, South Africa, or the
republics formerly associated with the Union of Soviet Socialist
Republics or Yugoslavia who was a citizen of the United States at the
time of the appointment, enrollment, or enlistment, and was captured,
separated, and incarcerated by an enemy of this country during World
War II.

(Q)
Any disabled veteran, congressional medal of honor awardee, or
prisoner of war may apply to the chief for a certificate of
registration, or for a renewal of the certificate of registration,
without the payment of any fee required by this section. The
application for a certificate of registration shall be accompanied by
evidence of disability or by documentary evidence in support of a
congressional medal of honor that the chief requires by rule. The
application for a certificate of registration by any person who has
been a prisoner of war shall be accompanied by written evidence in
the form of a record of separation, a letter from one of the armed
forces of a country listed in division (P)(2) of this section, or
other evidence that the chief may require by rule, that the person
was honorably discharged or is currently residing in this state on
active duty with one of the branches of the armed forces of the
United States, or was a prisoner of war and was honorably discharged
or received an equivalent discharge or release from one of the armed
forces of a country listed in division (P)(2) of this section.

(R)
Annually by the fifteenth day of January, the director of natural
resources shall determine the amount of fees that would have been
collected in the prior calendar year for each certificate of
registration issued or renewed pursuant to division (Q) of this
section and shall certify the total amount of foregone revenue to the
director of budget and management for reimbursement. The director of
budget and management shall transfer the amount certified from the
general revenue fund to the waterways safety fund.

Sec.
1548.06.
(A)(1)
Application for a certificate of title for a watercraft or outboard
motor shall be made upon a form prescribed by the chief of the
division of parks and watercraft and shall be sworn to before a
notary public or other officer empowered to administer oaths. The
application shall be filed with the clerk of any court of common
pleas. An application for a certificate of title may be filed
electronically by any electronic means approved by the chief in any
county with the clerk of the court of common pleas of that county.
The application shall be accompanied by the fee prescribed in section
1548.10 of the Revised Code. The fee shall be retained by the clerk
who issues the certificate of title and shall be distributed in
accordance with that section. If a clerk of a court of common pleas,
other than the clerk of the court of common pleas of an applicant's
county of residence, issues a certificate of title to the applicant,
the clerk shall transmit data related to the transaction to the
automated title processing system.

(2)
If a certificate of title previously has been issued for the
watercraft or outboard motor, the application for a certificate of
title also shall be accompanied by the certificate of title duly
assigned unless otherwise provided in this chapter. If a certificate
of title previously has not been issued for the watercraft or
outboard motor in this state, the application, unless otherwise
provided in this chapter, shall be accompanied by a manufacturer's or
importer's certificate; by a sworn statement of ownership if the
watercraft or outboard motor was purchased by the applicant on or
before October 9, 1963, or if the watercraft is less than fourteen
feet long with a permanently affixed mechanical means of propulsion
and was purchased by the applicant on or before January 1, 2000; or
by a certificate of title, bill of sale, or other evidence of
ownership required by the law of another state from which the
watercraft or outboard motor was brought into this state. Evidence of
ownership of a watercraft or outboard motor for which an Ohio
certificate of title previously has not been issued and which
watercraft or outboard motor does not have permanently affixed to it
a manufacturer's serial number shall be accompanied by the
certificate of assignment of a hull identification number assigned by
the chief as provided in section 1548.07 of the Revised Code.

(3)
The clerk shall retain the evidence of title presented by the
applicant and on which the certificate of title is issued, except
that, if an application for a certificate of title is filed
electronically, by a vendor on behalf of a purchaser of a watercraft
or outboard motor, the clerk shall retain the completed electronic
record to which the vendor converted the certificate of title
application and other required documents. The chief, after
consultation with the attorney general, shall adopt rules that govern
the location at which, and the manner in which, are stored the actual
application and all other documents relating to the sale of a
watercraft or outboard motor when a vendor files the application for
a certificate of title electronically on behalf of a purchaser.

(B)
The clerk shall use reasonable diligence in ascertaining whether the
facts in the application are true by checking the application and
documents accompanying it or the electronic record to which a vendor
converted the application and accompanying documents with the records
of watercraft and outboard motors in the clerk's office. If the clerk
is satisfied that the applicant is the owner of the watercraft or
outboard motor and that the application is in the proper form, the
clerk shall issue a physical certificate of title over the clerk's
signature and sealed with the clerk's seal unless the applicant
specifically requests the clerk not to issue a physical certificate
of title and instead to issue an electronic certificate of title.
However, if the evidence indicates and an investigation shows that
one or more Ohio titles already exist for the watercraft or outboard
motor, the chief may cause the redundant title or titles to be
canceled.

(C)
In the case of the sale of a watercraft or outboard motor by a vendor
to a general purchaser or user, the certificate of title shall be
obtained in the name of the purchaser by the vendor upon application
signed by the purchaser. In all other cases, the certificate shall be
obtained by the purchaser. In all cases of transfer of watercraft or
outboard motors, the application for certificate of title shall be
filed within thirty days after the later of the date of purchase or
assignment of ownership of the watercraft or outboard motor. If the
application for certificate of title is not filed within thirty days
after the later of the date of purchase or assignment of ownership of
the watercraft or outboard motor, the clerk shall charge a late
penalty fee of five dollars in addition to the fee prescribed by
section 1548.10 of the Revised Code. The clerk shall retain the
entire amount of each late penalty fee.

(D)
The clerk shall refuse to accept an application for certificate of
title unless the applicant either tenders with the application
payment of all taxes levied by or pursuant to Chapter 5739. or 5741.
of the Revised Code based on the applicant's county of residence
less, in the case of a sale by a vendor, any discount to which the
vendor is entitled under section 5739.12 of the Revised Code, or
submits any of the following:

(1)
A receipt issued by the tax commissioner or a clerk of courts showing
payment of the tax;

(2)
A copy of the unit certificate of exemption completed by the
purchaser at the time of sale as provided in section 5739.03 of the
Revised Code;

(3)
An exemption certificate, in a form prescribed by the tax
commissioner, that specifies why the purchase is not subject to the
tax imposed by Chapter 5739. or 5741. of the Revised Code.

Payment
of the tax shall be in accordance with rules issued by the tax
commissioner, and the clerk shall issue a receipt in the form
prescribed by the tax commissioner to any applicant who tenders
payment of the tax with the application for the certificate of title.

(E)(1)
For receiving and disbursing the taxes paid to the clerk by a
resident of the clerk's county, the clerk may retain a poundage fee
of one and one one-hundredth per cent of the taxes collected, which
shall be paid into the certificate of title administration fund
created by section 325.33 of the Revised Code. The clerk shall not
retain a poundage fee from payments of taxes by persons who do not
reside in the clerk's county.

(2)
A clerk, however, may retain from the taxes paid to the clerk an
amount equal to the poundage fees associated with certificates of
title issued by other clerks of courts of common pleas to applicants
who reside in the first clerk's county. The chief of the division of
parks and watercraft, in consultation with the tax commissioner and
the clerks of the courts of common pleas, shall develop a report from
the automated title processing system that informs each clerk of the
amount of the poundage fees that the clerk is permitted to retain
from those taxes because of certificates of title issued by the
clerks of other counties to applicants who reside in the first
clerk's county.

(F)
In the case of casual sales of watercraft or outboard motors that are
subject to the tax imposed by Chapter 5739. or 5741. of the Revised
Code, the purchase price for the purpose of determining the tax shall
be the purchase price on an affidavit executed and filed with the
clerk by the vendor on a form to be prescribed by the chief, which
shall be prima-facie evidence of the price for the determination of
the tax. In addition to the information required by section 1548.08
of the Revised Code, each certificate of title shall contain in bold
lettering the following notification and statements: "WARNING TO
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER). You are required by law
to state the true selling price. A false statement is a violation of
section 2921.13 of the Revised Code and is punishable by six months
imprisonment or a fine of up to one thousand dollars, or both. All
transfers are audited by the department of taxation. The seller and
buyer must provide any information requested by the department of
taxation. The buyer may be assessed any additional tax found to be
due."

(G)
Each county clerk of courts shall forward to the
tax
commissioner
registrar
of motor vehicles, in a manner prescribed by the tax commissioner,

all
sales and use tax collections resulting from sales of titled
watercraft and outboard motors during a calendar week on or before
the Friday following the close of that week. If, on any Friday, the
offices of the clerk of courts or the state are not open for
business, the tax shall be forwarded to the
commissioner

registrar

on
or before the next day on which the offices are open. Every
remittance of tax under this division shall be accompanied by a
remittance report in such form as the commissioner
,
in consultation with the director of public safety,

prescribes. If the tax due for any week is not remitted by a clerk of
courts as required under this division, the clerk shall forfeit the
poundage fees for the sales made during that week. The commissioner
may require the clerks of courts to transmit tax collections and
remittance reports electronically.

(H)
For purposes of a transfer of a certificate of title, if the clerk is
satisfied that a secured party has discharged a lien but has not
canceled the lien notation with a clerk, the clerk may cancel the
lien notation on the automated title processing system and notify the
clerk of the county of origin.

(I)
Every clerk shall have the capability to transact by electronic means
all procedures and transactions relating to the issuance of
watercraft or outboard motor certificates of title that are described
in the Revised Code as being accomplished by electronic means.

Sec.
1561.13.
The
chief of the division of mineral resources management shall conduct
examinations for offices and positions in the division of mineral
resources management, and for mine forepersons, mine electricians,

shot
firers,
and

surface
mine blasters
,
and fire bosses
,
as follows:

(A)
Division of mineral resources management:

(1)
Deputy mine inspectors of underground mines;

(2)
Deputy mine inspectors of surface mines;

(3)
Electrical inspectors;

(4)
Superintendent of rescue stations;

(5)
Assistant superintendents of rescue stations;

(6)
Mine chemists at a division laboratory if the chief chooses to
operate a laboratory.

(B)
Mine forepersons:

(1)
Mine foreperson of gaseous mines;

(2)
Mine foreperson of nongaseous mines;

(3)
Mine foreperson of surface mines.

(C)
Forepersons:

(1)
Foreperson of gaseous mines;

(2)
Foreperson of nongaseous mines;

(3)

Foreperson
of surface maintenance facilities at underground or surface mines;

(4)

Foreperson of surface mines.

(D)

Fire
bosses.

(E)

Mine
electricians.

(F)
(E)

Surface mine blasters.

(G)
Shot firers.

The
chief annually shall provide for the examination of candidates for
appointment or promotion as deputy mine inspectors and such other
positions and offices set forth in division (A) of this section as
are necessary. Special examinations may be held whenever it becomes
necessary to make appointments to any of those positions.

The
chief shall provide for the examination of persons seeking
certificates of competency as mine forepersons, forepersons, mine
electricians,
shot
firers,
and

surface
mine blasters
,
and fire bosses quarterly or more often
as

required,

needed
and
at
such times and places within the state as shall, in the judgment of
the chief, afford the best facilities to the greatest number of
applicants.

Public
notice shall be given through the press or otherwise, not less than
ten days in advance, announcing the time and place at which
examinations under this section are to be held.

The
examinations provided for in this section shall be conducted under
rules adopted under section 1561.05 of the Revised Code and
conditions prescribed by the chief. Any rules that relate to
particular candidates shall, upon application of any candidate, be
furnished to the candidate by the chief; they shall also be of
uniform application to all candidates in the several groups.

Sec.
1561.16.
(A)
As used in this section and sections 1561.17 to
1561.21

1561.20

of
the Revised Code, "actual practical experience" means
previous employment that involved a person's regular presence in the
type of mining operation in which the experience is required to
exist; participation in functions relating to the hazards involved in
and the utilization of equipment, tools, and work crews and
individuals for that type of mining; and regular exposure to the
methods, procedures, and safety laws applicable to that type of
mining. Credit of up to one year for a portion of the required
experience time may be given upon documentation to the chief of the
division of mineral resources management of an educational degree in
a field related to mining. Credit of up to two years of the required
experience time may be given upon presentation to the chief of proof
of graduation from an accredited school of mines or mining after a
four-year course of study with employment in the mining industry
during interim breaks during the school years.

(B)
Except as provided in division (G) of this section, a person who
applies for a certificate as a mine foreperson of gaseous mines shall
be able to read and write the English language; shall have had at
least five years' actual practical experience in the underground
workings of a gaseous mine or the equivalent thereof in the judgment
of the chief; and shall have had practical experience obtained by
actual contact with gas in mines and have knowledge of the dangers
and nature of noxious and explosive gases and ventilation of gaseous
mines. An applicant for a certificate as a foreperson of gaseous
mines shall meet the same requirements, except that the applicant
shall have had at least three years' actual practical experience in
the underground workings of a gaseous mine or the equivalent thereof
in the judgment of the chief. Each applicant for examination shall
pay a fee established in rules adopted under this section to the
chief on the first day of such examination.

(C)
A person who has been issued a certificate as a mine foreperson or a
foreperson of a gaseous mine and who has not worked in an underground
coal mine for a period of more than two calendar years shall apply
for and obtain recertification from the chief in accordance with
rules adopted under this section before performing the duties of a
mine foreperson or a foreperson of a gaseous mine. An applicant for
recertification shall pay a fee established in rules adopted under
this section at the time of application for recertification.

(D)
A person who has been issued a certificate as a mine foreperson or a
foreperson of a gaseous mine and who has not worked in an underground
coal mine for a period of one or more calendar years shall
successfully complete a retraining course in accordance with rules
adopted under this section before performing the duties of a mine
foreperson or a foreperson of a gaseous mine.

(E)
The chief, in consultation with a statewide association representing
the coal mining industry and a statewide association representing
employees of coal mines, shall adopt rules in accordance with Chapter
119. of the Revised Code that do all of the following:

(1)
Prescribe requirements, criteria, and procedures for the
recertification of a mine foreperson or a foreperson of a gaseous
mine who has not worked in an underground coal mine for a period of
more than two calendar years;

(2)
Prescribe requirements, criteria, and procedures for the retraining
of a mine foreperson or a foreperson of a gaseous mine who has not
worked in an underground coal mine for a period of one or more
calendar years;

(3)
Establish fees for the examination and recertification of mine
forepersons or forepersons of gaseous mines under this section;

(4)
Prescribe any other requirements, criteria, and procedures that the
chief determines are necessary to administer this section.

(F)
Any money collected under this section shall be paid into the state
treasury to the credit of the mining regulation and safety fund
created in section 1513.30 of the Revised Code.

(G)
The chief shall issue a certificate as a foreperson of gaseous mines
in accordance with Chapter 4796. of the Revised Code to an applicant
if either of the following applies:

(1)
The applicant holds a license or certificate in another state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a foreperson of gaseous mines in a state that does not
issue that license or certificate.

Sec.
1561.23.
(A)
The chief of the division of mineral resources management shall issue
the following certificates to those applicants who pass their
examination:

(1)
Certificates for mine forepersons of gaseous mines;

(2)
Certificates for mine forepersons of nongaseous mines;

(3)
Certificates for forepersons of gaseous mines;

(4)
Certificates for forepersons of nongaseous mines;

(5)

Certificates
for forepersons of surface maintenance facilities of underground or
surface mines;

(6)

Certificates for mine forepersons of surface mines;

(7)
(6)

Certificates for forepersons of surface mines;

(8)
Certificates for fire bosses;

(9)
(7)

Certificates for mine electricians;

(10)
(8)

Certificates for surface mine blasters
;

(11)
Certificates for shot firers
.

(B)
Applicants for certificates shall make application to the chief, on a
form provided by the chief, for examination. All applicants shall be
able to read and write the English language intelligently, and shall
furnish the chief with a certificate as to the length and description
of their practical experience and satisfactory evidence of their
ability to perform the duties of the position for which they make
application for examination.

(C)
The chief may issue a certificate to an applicant for mine
foreperson, foreperson, or mine electrician who holds a valid
certification or other authorization from a state with which the
department of natural resources has a reciprocal agreement for the
certification or other authorization. However, the applicant shall
pass an examination on this chapter and rules adopted under it or on
any other relevant material that the chief determines to be
appropriate.

A
mine foreperson, foreperson, or mine electrician who has been issued
a temporary certificate under section 1565.06 of the Revised Code
prior to
the
effective date of this amendment
September
30, 2021,
and
who holds a valid certification or other authorization from a state
with which the department has a reciprocal agreement for the
certification or other authorization may continue to operate under
the temporary certificate until it expires or the chief suspends or
revokes it.

(D)
Except as provided in sections 1561.16 and 1561.17 of the Revised
Code, any certificate issued by the former mine examining board prior
to October 29, 1995, shall remain in effect notwithstanding the new
classifications of certificates established by this section.

Sec.
1561.46.
Fees
received by the chief of the division of mineral resources management
under sections 1561.16 to
1561.22

1561.20

of
the Revised Code shall be paid by the chief into the state treasury
to the credit of the mining regulation and safety fund created in
section 1513.30 of the Revised Code.

Sec.
1561.48.
All
money collected under sections 1561.14, 1561.16, 1561.17,
1561.18,

1561.19, 1561.20,
1561.21,
1561.22,

1561.45, and 1561.46 of the Revised Code shall be paid into the state
treasury to the credit of the mining regulation and safety fund
created by section 1513.30 of the Revised Code. The department of
natural resources shall use the money in the fund to pay the
operating expenses of the division of mineral resources management.

Sec.
1701.04.
(A)
Any person, singly or jointly with others, and without regard to
residence, domicile, or state of incorporation, may form a
corporation by signing and filing with the secretary of state
articles of incorporation that shall set forth all of the following:

(1)
The name of the corporation, which shall be in compliance with
division (A) of section 1701.05 of the Revised Code;

(2)
The place in this state where the principal office of the corporation
is to be located;

(3)
The authorized number and the par value per share of shares with par
value, and the authorized number of shares without par value, except
that the articles of a banking, safe deposit, trust, or insurance
corporation shall not authorize shares without par value; the express
terms, if any, of the shares; and, if the shares are classified, the
designation of each class, the authorized number and par value per
share, if any, of the shares of each class, and the express terms of
the shares of each class;

(4)
If the corporation is to have an initial stated capital, the amount
of that stated capital.

(B)
The articles also may set forth any of the following:

(1)
The names of the individuals who are to serve as initial directors;

(2)
The purpose or purposes for which the corporation is formed, but in
the absence of a statement of the purpose or purposes or except as
expressly set forth in such statement, the purpose for which any
corporation is formed is to engage in any lawful act or activity for
which a corporation may be formed under this chapter, and all lawful
acts and activities of the corporation are within the purposes of the
corporation;

(3)
Any priority or other method for balancing the purposes for which the
corporation is formed;

(4)
Any lawful provision for the purpose of defining, limiting, or
regulating the exercise of the authority of the corporation, the
incorporators, the directors, the officers, the shareholders, or the
holders of any class of shares;

(5)
Any provision that may be set forth in the regulations;

(6)
A provision specifying the period of existence of the corporation if
it is to be otherwise than perpetual;

(7)
A provision eliminating the right of every shareholder to vote
cumulatively in the election of directors;

(8)
Any additional provision permitted by this chapter.

(C)
A written appointment of a statutory agent for the purposes set forth
in section 1701.07 of the Revised Code shall be filed with the
articles, unless the corporation belongs to one of the classes
mentioned in division
(O)
(N)

of that section.

(D)
The legal existence of the corporation begins upon the filing of the
articles or on a later date specified in the articles that is not
more than ninety days after filing, and, unless the articles
otherwise provide, its period of existence shall be perpetual.

Sec.
1701.07.
(A)
Every corporation shall have and maintain an agent, sometimes
referred to as the "statutory agent," upon whom any
process, notice, or demand required or permitted by statute to be
served upon a corporation may be served. The agent shall be one of
the following:

(1)
A natural person who is a resident of this state;

(2)
A domestic or foreign corporation, nonprofit corporation, limited
liability company, partnership, limited partnership, limited
liability partnership, limited partnership association, professional
association, business trust, or unincorporated nonprofit association
that has a business address in this state. If the agent is an entity
other than a domestic corporation, the agent shall meet the
requirements of Title XVII of the Revised Code for an entity of the
agent's type to transact business or exercise privileges in this
state.

(B)
The secretary of state shall not accept original articles for filing
unless there is filed with the articles a written appointment of an
agent that is signed by the incorporators of the corporation or a
majority of them and a written acceptance of the appointment that is
signed by the agent. In all other cases, the corporation shall
appoint the agent and shall file in the office of the secretary of
state a written appointment of the agent that is signed by any
authorized officer of the corporation and a written acceptance of the
appointment that is either the original acceptance signed by the
agent or a photocopy, facsimile, or similar reproduction of the
original acceptance signed by the agent.

(C)(1)
The written appointment of an agent shall set forth the name and
address in this state of the agent, including the street and number
of the agent's primary residence in this state or, if the agent is
not a natural person, the agent's usual place of business in this
state, and shall otherwise be in such form as the secretary of state
prescribes. The secretary of state shall keep a record of the names
of corporations, and the names and addresses of their respective
agents.

(2)
As used in division (C)(1) of this section, "usual place of
business" means a place in this state that is customarily open
during normal business hours and where an individual is generally
present who is authorized to perform the services of a registered
agent, including accepting service of process and other notifications
for the person serving as a statutory agent. "Usual place of
business" does not include a post office box, regardless of
whether that post office box has an associated street address.

(D)
If any agent dies, removes from the state, or resigns, the
corporation shall forthwith appoint another agent and file with the
secretary of state, on a form prescribed by the secretary of state, a
written appointment of the agent.

(E)
If the agent changes the agent's address from that appearing upon the
record in the office of the secretary of state, the corporation or
the agent shall forthwith file with the secretary of state, on a form
prescribed by the secretary of state, a written statement setting
forth the new address.

(F)
An agent may resign by filing with the secretary of state, on a form
prescribed by the secretary of state, a written notice to that effect
that is signed by the agent and by sending a copy of the notice to
the corporation at the current or last known address of its principal
office on or prior to the date the notice is filed with the secretary
of state. The notice shall set forth the name of the corporation, the
name and current address of the agent, the current or last known
address, including the street and number or other particular
description, of the corporation's principal office, the resignation
of the agent, and a statement that a copy of the notice has been sent
to the corporation within the time and in the manner prescribed by
this division. Upon the expiration of thirty days after the filing,
the authority of the agent shall terminate.

(G)
A corporation may revoke the appointment of an agent by filing with
the secretary of state, on a form prescribed by the secretary of
state, a written appointment of another agent and a statement that
the appointment of the former agent is revoked.

(H)
Any process, notice, or demand required or permitted by statute to be
served upon a corporation may be served upon the corporation by
delivering a copy of it to its agent, if a natural person, or by
delivering a copy of it at the address of its agent in this state, as
the address appears upon the record in the office of the secretary of
state. If (1) the agent cannot be found, or (2) the agent no longer
has that address, or (3) the corporation has failed to maintain an
agent as required by this section, and if in any such case the party
desiring that the process, notice, or demand be served, or the agent
or representative of the party, shall have filed with the secretary
of state an affidavit stating that one of the foregoing conditions
exists and stating the most recent address of the corporation that
the party after diligent search has been able to ascertain, then
service of process, notice, or demand upon the secretary of state, as
the agent of the corporation, may be initiated by delivering to the
secretary of state or at the secretary of state's office
quadruplicate copies of such process, notice, or demand and by paying
to the secretary of state a fee of five dollars. The secretary of
state shall forthwith give notice of the delivery to the corporation
at its principal office as shown upon the record in the secretary of
state's office and at any different address shown on its last
franchise tax report filed in this state, or to the corporation at
any different address set forth in the above mentioned affidavit, and
shall forward to the corporation at said addresses, by certified
mail, with request for return receipt, a copy of the process, notice,
or demand; and thereupon service upon the corporation shall be deemed
to have been made.

(I)
The secretary of state shall keep a record of each process, notice,
and demand delivered to the secretary of state or at the secretary of
state's office under this section or any other law of this state that
authorizes service upon the secretary of state, and shall record the
time of the delivery and the action thereafter with respect thereto.

(J)
This section does not limit or affect the right to serve any process,
notice, or demand upon a corporation in any other manner permitted by
law.

(K)

Every
corporation shall state in each annual report filed by it with the
department of taxation the name and address of its statutory agent.

(L)

Except
when an original appointment of an agent is filed with the original
articles, a written appointment of an agent or a written statement
filed by a corporation with the secretary of state shall be signed by
any authorized officer of the corporation or by the incorporators of
the corporation or a majority of them if no directors have been
elected.

(M)

(L)

For
filing a written appointment of an agent other than one filed with
original articles, and for filing a statement of change of address of
an agent, the secretary of state shall charge and collect the fee
specified in division (R) of section 111.16 of the Revised Code.

(N)

(M)

Upon
the failure of a corporation to appoint another agent or to file a
statement of change of address of an agent, the secretary of state
shall give notice thereof by ordinary or electronic mail to the
corporation at the electronic mail address provided to the secretary
of state, or at the address set forth in the notice of resignation or
on the last franchise tax return filed in this state by the
corporation. Unless the default is cured within thirty days after the
mailing by the secretary of state of the notice or within any further
period of time that the secretary of state grants, upon the
expiration of that period of time from the date of the mailing, the
articles of the corporation shall be canceled without further notice
or action by the secretary of state. The secretary of state shall
make a notation of the cancellation on the secretary of state's
records.

A
corporation whose articles have been canceled may be reinstated by
filing, within two years of the cancellation, on a form prescribed by
the secretary of state, an application for reinstatement and the
required appointment of agent or required statement, and by paying
the filing fee specified in division (Q) of section 111.16 of the
Revised Code. The rights, privileges, and franchises of a corporation
whose articles have been reinstated are subject to section 1701.922
of the Revised Code. The secretary of state shall furnish the tax
commissioner a monthly list of all corporations canceled and
reinstated under this division.

(O)

(N)

This
section does not apply to banks, trust companies, insurance
companies, or any corporation defined under the laws of this state as
a public utility for taxation purposes.

Sec.
1703.041.
(A)
Every foreign corporation for profit that is licensed to transact
business in this state, and every foreign nonprofit corporation that
is licensed to exercise its privileges in this state, shall have and
maintain an agent, sometimes referred to as the "designated
agent," upon whom process against the corporation may be served
within this state. The agent shall be one of the following:

(1)
A natural person who is a resident of this state;

(2)
A domestic or foreign corporation, nonprofit corporation, limited
liability company, partnership, limited partnership, limited
liability partnership, limited partnership association, professional
association, business trust, or unincorporated nonprofit association
that has a business address in this state. If the agent is an entity
other than a domestic corporation, the agent shall meet the
requirements of Title XVII of the Revised Code for an entity of the
agent's type to transact business or exercise privileges in this
state.

(B)(1)
The written appointment of a designated agent shall set forth the
name and address of the agent, including the street and number of the
agent's primary residence in this state or, if the agent is not a
natural person, the agent's usual place of business in this state,
and shall otherwise be in such form as the secretary of state
prescribes. The secretary of state shall keep a record of the names
of such foreign corporations and the names and addresses of their
respective agents.

(2)
As used in division (B)(1) of this section, "usual place of
business" means a place in this state that is customarily open
during normal business hours and where an individual is generally
present who is authorized to perform the services of a registered
agent, including accepting service of process and other notifications
for the person serving as a statutory agent. "Usual place of
business" does not include a post office box, regardless of
whether that post office box has an associated street address.

(C)
If the designated agent dies, removes from the state, or resigns, the
foreign corporation shall forthwith appoint another agent and file in
the office of the secretary of state, on a form prescribed by the
secretary of state, a written appointment of the new agent.

(D)
If the designated agent changes the agent's address from that
appearing upon the record in the office of the secretary of state,
the foreign corporation or the designated agent in its behalf shall
forthwith file with the secretary of state, on a form prescribed by
the secretary of state, a written statement setting forth the agent's
new address.

(E)
A designated agent may resign by filing with the secretary of state,
on a form prescribed by the secretary of state, a signed statement to
that effect. The secretary of state shall forthwith mail a copy of
the statement to the foreign corporation at its principal office as
shown by the record in the secretary of state's office. Upon the
expiration of sixty days after the filing, the authority of the agent
shall terminate.

(F)
A foreign corporation may revoke the appointment of a designated
agent by filing with the secretary of state, on a form prescribed by
the secretary of state, a written appointment of another agent and a
statement that the appointment of the former agent is revoked.

(G)
Process may be served upon a foreign corporation by delivering a copy
of it to its designated agent, if a natural person, or by delivering
a copy of it at the address of its agent in this state, as the
address appears upon the record in the office of the secretary of
state.

(H)
This section does not limit or affect the right to serve process upon
a foreign corporation in any other manner permitted by law.

(I)
Every foreign corporation for profit shall state in each annual
report filed by it with the department of taxation the name and
address of its designated agent in this state.

Sec.
1707.01.
As
used in this chapter:

(A)
Whenever the context requires it, "division" or "division
of securities" may be read as "director of commerce"
or as "commissioner of securities."

(B)
"Security" means any certificate or instrument, or any
oral, written, or electronic agreement, understanding, or
opportunity, that represents title to or interest in, or is secured
by any lien or charge upon, the capital, assets, profits, property,
or credit of any person or of any public or governmental body,
subdivision, or agency. It includes shares of stock, certificates for
shares of stock, an uncertificated security, membership interests in
limited liability companies, voting-trust certificates, warrants and
options to purchase securities, subscription rights, interim
receipts, interim certificates, promissory notes, all forms of
commercial paper, evidences of indebtedness, bonds, debentures, land
trust certificates, fee certificates, leasehold certificates,
syndicate certificates, endowment certificates, interests in or under
profit-sharing or participation agreements, interests in or under
oil, gas, or mining leases, preorganization or reorganization
subscriptions, preorganization certificates, reorganization
certificates, interests in any trust or pretended trust, any
investment contract, any life settlement interest, any instrument
evidencing a promise or an agreement to pay money, warehouse receipts
for intoxicating liquor, and the currency of any government other
than those of the United States and Canada, but sections 1707.01 to
1707.50 of the Revised Code do not apply to the sale of real estate.

(C)(1)
"Sale" has the full meaning of "sale" as applied
by or accepted in courts of law or equity, and includes every
disposition, or attempt to dispose, of a security or of an interest
in a security. "Sale" also includes a contract to sell, an
exchange, an attempt to sell, an option of sale, a solicitation of a
sale, a solicitation of an offer to buy, a subscription, or an offer
to sell, directly or indirectly, by agent, circular, pamphlet,
advertisement, or otherwise.

(2)
"Sell" means any act by which a sale is made.

(3)
The use of advertisements, circulars, or pamphlets in connection with
the sale of securities in this state exclusively to the purchasers
specified in division (D) of section 1707.03 of the Revised Code is
not a sale when the advertisements, circulars, and pamphlets
describing and offering those securities bear a readily legible
legend in substance as follows: "This offer is made on behalf of
dealers licensed under sections 1707.01 to 1707.50 of the Revised
Code, and is confined in this state exclusively to institutional
investors and licensed dealers."

(4)
The offering of securities by any person in conjunction with a
licensed dealer by use of advertisement, circular, or pamphlet is not
a sale if that person does not otherwise attempt to sell securities
in this state.

(5)
Any security given with, or as a bonus on account of, any purchase of
securities is conclusively presumed to constitute a part of the
subject of that purchase and has been "sold."

(6)
"Sale" by an owner, pledgee, or mortgagee, or by a person
acting in a representative capacity, includes sale on behalf of such
party by an agent, including a licensed dealer or salesperson.

(D)
"Person," except as otherwise provided in this chapter,
means a natural person, firm, partnership, limited partnership,
partnership association, syndicate, joint-stock company,
unincorporated association, trust or trustee except where the trust
was created or the trustee designated by law or judicial authority or
by a will, and a corporation or limited liability company organized
under the laws of any state, any foreign government, or any political
subdivision of a state or foreign government.

(E)(1)
"Dealer," except as otherwise provided in this chapter,
means every person, other than a salesperson, who engages or
professes to engage, in this state, for either all or part of the
person's time, directly or indirectly, either in the business of the
sale of securities for the person's own account, or in the business
of the purchase or sale of securities for the account of others in
the reasonable expectation of receiving a commission, fee, or other
remuneration as a result of engaging in the purchase and sale of
securities. "Dealer" does not mean any of the following:

(a)
Any issuer, including any officer, director, employee, or trustee of,
or member or manager of, or partner in, or any general partner of,
any issuer, that sells, offers for sale, or does any act in
furtherance of the sale of a security that represents an economic
interest in that issuer, provided no commission, fee, or other
similar remuneration is paid to or received by the issuer for the
sale;

(b)
Any licensed attorney, public accountant, or firm of such attorneys
or accountants, whose activities are incidental to the practice of
the attorney's, accountant's, or firm's profession;

(c)
Any person that, for the account of others, engages in the purchase
or sale of securities that are issued and outstanding before such
purchase and sale, if a majority or more of the equity interest of an
issuer is sold in that transaction, and if, in the case of a
corporation, the securities sold in that transaction represent a
majority or more of the voting power of the corporation in the
election of directors;

(d)
Any person that brings an issuer together with a potential investor
and whose compensation is not directly or indirectly based on the
sale of any securities by the issuer to the investor;

(e)
Any bank;

(f)
Any person that the division of securities by rule exempts from the
definition of "dealer" under division (E)(1) of this
section.

(2)
"Licensed dealer" means a dealer licensed under this
chapter.

(F)(1)
"Salesman" or "salesperson" means every natural
person, other than a dealer, who is employed, authorized, or
appointed by a dealer to sell securities within this state.

(2)
The general partners of a partnership, and the executive officers of
a corporation or unincorporated association, licensed as a dealer are
not salespersons within the meaning of this definition, nor are
clerical or other employees of an issuer or dealer that are employed
for work to which the sale of securities is secondary and incidental;
but the division of securities may require a license from any such
partner, executive officer, or employee if it determines that
protection of the public necessitates the licensing.

(3)
"Licensed salesperson" means a salesperson licensed under
this chapter.

(G)
"Issuer" means every person who has issued, proposes to
issue, or issues any security.

(H)
"Director" means each director or trustee of a corporation,
each trustee of a trust, each general partner of a partnership,
except a partnership association, each manager of a partnership
association, and any person vested with managerial or directory power
over an issuer not having a board of directors or trustees.

(I)
"Incorporator" means any incorporator of a corporation and
any organizer of, or any person participating, other than in a
representative or professional capacity, in the organization of an
unincorporated issuer.

(J)
"Fraud," "fraudulent," "fraudulent acts,"
"fraudulent practices," or "fraudulent transactions"
means anything recognized on or after July 22, 1929, as such in
courts of law or equity; any device, scheme, or artifice to defraud
or to obtain money or property by means of any false pretense,
representation, or promise; any fictitious or pretended purchase or
sale of securities; and any act, practice, transaction, or course of
business relating to the purchase or sale of securities that is
fraudulent or that has operated or would operate as a fraud upon the
seller or purchaser.

(K)
Except as otherwise specifically provided, whenever any
classification or computation is based upon "par value," as
applied to securities without par value, the average of the aggregate
consideration received or to be received by the issuer for each class
of those securities shall be used as the basis for that
classification or computation.

(L)(1)
"Intangible property" means patents, copyrights, secret
processes, formulas, services, good will, promotion and organization
fees and expenses, trademarks, trade brands, trade names, licenses,
franchises, any other assets treated as intangible according to
generally accepted accounting principles, and securities, accounts
receivable, or contract rights having no readily determinable value.

(2)
"Tangible property" means all property other than
intangible property and includes securities, accounts receivable, and
contract rights, when the securities, accounts receivable, or
contract rights have a readily determinable value.

(M)
"Public utilities" means those utilities defined in
sections 4905.02, 4905.03, 4907.02, and 4907.03 of the Revised Code;
in the case of a foreign corporation, it means those utilities
defined as public utilities by the laws of its domicile; and in the
case of any other foreign issuer, it means those utilities defined as
public utilities by the laws of the situs of its principal place of
business. The term always includes railroads whether or not they are
so defined as public utilities.

(N)
"State" means any state of the United States, any territory
or possession of the United States, the District of Columbia, and any
province of Canada.

(O)
"Bank" means any bank, trust company, savings and loan
association, savings bank, or credit union that is incorporated or
organized under the laws of the United States, any state of the
United States, Canada, or any province of Canada and that is subject
to regulation or supervision by that country, state, or province.

(P)
"Include," when used in a definition, does not exclude
other things or persons otherwise within the meaning of the term
defined.

(Q)(1)
"Registration by description" means that the requirements
of section 1707.08 of the Revised Code have been complied with.

(2)
"Registration by qualification" means that the requirements
of sections 1707.09 and 1707.11 of the Revised Code have been
complied with.

(3)
"Registration by coordination" means that there has been
compliance with section 1707.091 of the Revised Code. Reference in
this chapter to registration by qualification also includes
registration by coordination unless the context otherwise indicates.

(R)
"Intoxicating liquor" includes all liquids and compounds
that contain more than three and two-tenths per cent of alcohol by
weight and are fit for use for beverage purposes.

(S)
"Institutional investor" means any of the following,
whether acting for itself or for others in a fiduciary capacity:

(1)
A bank or international banking institution;

(2)
An insurance company;

(3)
A separate account of an insurance company;

(4)
An investment company as defined in the "Investment Company Act
of 1940," 15 U.S.C. 80a-3;

(5)
A broker-dealer registered under the "Securities Exchange Act of
1934," 15 U.S.C. 78o, as amended, or licensed by the division of
securities as a dealer;

(6)
An employee pension, profit-sharing, or benefit plan if the plan has
total assets in excess of ten million dollars or its investment
decisions are made by a named fiduciary, as defined in the "Employee
Retirement Income Security Act of 1974," 29 U.S.C. 1001, that is
one of the following:

(a)
A broker-dealer registered under the "Securities Exchange Act of
1934," 15 U.S.C. 78o, as amended;

(b)
An investment adviser registered or exempt from registration under
the "Investment Advisers Act of 1940," 15 U.S.C. 80b-3;

(c)
An investment adviser registered under this chapter, a bank, or an
insurance company.

(7)
A plan established and maintained by a state, a political subdivision
of a state, or an agency or instrumentality of a state or a political
subdivision of a state for the benefit of its employees, if the plan
has total assets in excess of ten million dollars or its investment
decisions are made by a duly designated public official or by a named
fiduciary, as defined in the "Employee Retirement Income
Security Act of 1974," 29 U.S.C. 1001, that is one of the
following:

(a)
A broker-dealer registered under the "Securities Exchange Act of
1934," 15 U.S.C. 78o, as amended;

(b)
An investment adviser registered or exempt from registration under
the "Investment Advisers Act of 1940," 15 U.S.C. 80b-3;

(c)
An investment adviser registered under this chapter, a bank, or an
insurance company.

(8)
A trust, if it has total assets in excess of ten million dollars, its
trustee is a bank, and its participants are exclusively plans of the
types identified in division (S)(6) or (7) of this section,
regardless of the size of their assets, except a trust that includes
as participants self-directed individual retirement accounts or
similar self-directed plans;

(9)
An organization described in section 501(c)(3) of the "Internal
Revenue Code of 1986," 26 U.S.C. 1, as amended, corporation,
Massachusetts trust or similar business trust, limited liability
company, or partnership, not formed for the specific purpose of
acquiring the securities offered, with total assets in excess of ten
million dollars;

(10)
A small business investment company licensed by the small business
administration under section 301(c) of the "Small Business
Investment Act of 1958," 15 U.S.C. 681(c), with total assets in
excess of ten million dollars;

(11)
A private business development company as defined in section
202(a)(22) of the "Investment Advisers Act of 1940," 15
U.S.C. 80b-2(a)(22), with total assets in excess of ten million
dollars;

(12)
A federal covered investment adviser acting for its own account;

(13)
A "qualified institutional buyer" as defined in 17 C.F.R.
230.144A(a)(1), other than 17 C.F.R. 230.144A(a)(1)(H);

(14)
A "major U.S. institutional investor" as defined in 17
C.F.R. 240.15a-6(b)(4)(i);

(15)
Any other person, other than an individual, of institutional
character with total assets in excess of ten million dollars not
organized for the specific purpose of evading this chapter;

(16)
Any other person specified by rule adopted or order issued under this
chapter.

(T)
A reference to a statute of the United States or to a rule,
regulation, or form promulgated by the securities and exchange
commission or by another federal agency means the statute, rule,
regulation, or form as it exists at the time of the act, omission,
event, or transaction to which it is applied under this chapter.

(U)
"Securities and exchange commission" means the securities
and exchange commission established by the Securities Exchange Act of
1934.

(V)(1)
"Control bid" means the purchase of or offer to purchase
any equity security of a subject company from a resident of this
state if either of the following applies:

(a)
After the purchase of that security, the offeror would be directly or
indirectly the beneficial owner of more than ten per cent of any
class of the issued and outstanding equity securities of the issuer.

(b)
The offeror is the subject company, there is a pending control bid by
a person other than the issuer, and the number of the issued and
outstanding shares of the subject company would be reduced by more
than ten per cent.

(2)
For purposes of division (V)(1) of this section, "control bid"
does not include any of the following:

(a)
A bid made by a dealer for the dealer's own account in the ordinary
course of business of buying and selling securities;

(b)
An offer to acquire any equity security solely in exchange for any
other security, or the acquisition of any equity security pursuant to
an offer, for the sole account of the offeror, in good faith and not
for the purpose of avoiding the provisions of this chapter, and not
involving any public offering of the other security within the
meaning of Section 4 of Title I of the "Securities Act of 1933,"
48 Stat. 77, 15 U.S.C.A. 77d(2), as amended;

(c)
Any other offer to acquire any equity security, or the acquisition of
any equity security pursuant to an offer, for the sole account of the
offeror, from not more than fifty persons, in good faith and not for
the purpose of avoiding the provisions of this chapter.

(W)
"Offeror" means a person who makes, or in any way
participates or aids in making, a control bid and includes persons
acting jointly or in concert, or who intend to exercise jointly or in
concert any voting rights attached to the securities for which the
control bid is made and also includes any subject company making a
control bid for its own securities.

(X)(1)
"Investment adviser" means any person who, for
compensation, engages in the business of advising others, either
directly or through publications or writings, as to the value of
securities or as to the advisability of investing in, purchasing, or
selling securities, or who, for compensation and as a part of regular
business, issues or promulgates analyses or reports concerning
securities.

(2)
"Investment adviser" does not mean any of the following:

(a)
Any attorney, accountant, engineer, or teacher, whose performance of
investment advisory services described in division (X)(1) of this
section is solely incidental to the practice of the attorney's,
accountant's, engineer's, or teacher's profession;

(b)
A publisher of any bona fide newspaper, news magazine, or business or
financial publication of general and regular circulation;

(c)
A person who acts solely as an investment adviser representative;

(d)
A bank holding company
,
as defined in the "Bank Holding Company Act of 1956," 70
Stat. 133, 12 U.S.C. 1841,

that is not an investment company;

(e)
A bank, or any receiver, conservator, or other liquidating agent of a
bank;

(f)
Any licensed dealer or licensed salesperson whose performance of
investment advisory services described in division (X)(1) of this
section is solely incidental to the conduct of the dealer's or
salesperson's business as a licensed dealer or licensed salesperson
and who receives no special compensation for the services;

(g)
Any person, the advice, analyses, or reports of which do not relate
to securities other than securities that are direct obligations of,
or obligations guaranteed as to principal or interest by, the United
States, or securities issued or guaranteed by corporations in which
the United States has a direct or indirect interest, and that have
been designated by the secretary of the treasury as exempt securities
as defined in the "Securities Exchange Act of 1934," 48
Stat. 881, 15 U.S.C. 78c;

(h)
Any person that is excluded from the definition of investment adviser
pursuant to section 202(a)(11)(A) to (E) of the "Investment
Advisers Act of 1940," 15 U.S.C. 80b-2(a)(11), or that has
received an order from the securities and exchange commission under
section 202(a)(11)(F) of the "Investment Advisers Act of 1940,"
15 U.S.C. 80b-2(a)(11)(F), declaring that the person is not within
the intent of section 202(a)(11) of the Investment Advisers Act of
1940.

(i)
A person who acts solely as a state retirement system investment
officer or as a bureau of workers' compensation chief investment
officer;

(j)
Any other person that the division designates by rule, if the
division finds that the designation is necessary or appropriate in
the public interest or for the protection of investors or clients and
consistent with the purposes fairly intended by the policy and
provisions of this chapter.

(Y)(1)
"Subject company" means an issuer that satisfies both of
the following:

(a)
Its principal place of business or its principal executive office is
located in this state, or it owns or controls assets located within
this state that have a fair market value of at least one million
dollars.

(b)
More than ten per cent of its beneficial or record equity security
holders are resident in this state, more than ten per cent of its
equity securities are owned beneficially or of record by residents in
this state, or more than one thousand of its beneficial or record
equity security holders are resident in this state.

(2)
The division of securities may adopt rules to establish more specific
application of the provisions set forth in division (Y)(1) of this
section. Notwithstanding the provisions set forth in division (Y)(1)
of this section and any rules adopted under this division, the
division, by rule or in an adjudicatory proceeding, may make a
determination that an issuer does not constitute a "subject
company" under division (Y)(1) of this section if appropriate
review of control bids involving the issuer is to be made by any
regulatory authority of another jurisdiction.

(Z)
"Beneficial owner" includes any person who directly or
indirectly through any contract, arrangement, understanding, or
relationship has or shares, or otherwise has or shares, the power to
vote or direct the voting of a security or the power to dispose of,
or direct the disposition of, the security. "Beneficial
ownership" includes the right, exercisable within sixty days, to
acquire any security through the exercise of any option, warrant, or
right, the conversion of any convertible security, or otherwise. Any
security subject to any such option, warrant, right, or conversion
privilege held by any person shall be deemed to be outstanding for
the purpose of computing the percentage of outstanding securities of
the class owned by that person, but shall not be deemed to be
outstanding for the purpose of computing the percentage of the class
owned by any other person. A person shall be deemed the beneficial
owner of any security beneficially owned by any relative or spouse or
relative of the spouse residing in the home of that person, any trust
or estate in which that person owns ten per cent or more of the total
beneficial interest or serves as trustee or executor, any corporation
or entity in which that person owns ten per cent or more of the
equity, and any affiliate or associate of that person.

(AA)
"Offeree" means the beneficial or record owner of any
security that an offeror acquires or offers to acquire in connection
with a control bid.

(BB)
"Equity security" means any share or similar security, or
any security convertible into any such security, or carrying any
warrant or right to subscribe to or purchase any such security, or
any such warrant or right, or any other security that, for the
protection of security holders, is treated as an equity security
pursuant to rules of the division of securities.

(CC)(1)
"Investment adviser representative" means a supervised
person of an investment adviser, provided that the supervised person
has more than five clients who are natural persons other than
excepted persons defined in division (EE) of this section, and that
more than ten per cent of the supervised person's clients are natural
persons other than excepted persons defined in division (EE) of this
section. "Investment adviser representative" does not mean
any of the following:

(a)
A supervised person that does not on a regular basis solicit, meet
with, or otherwise communicate with clients of the investment
adviser;

(b)
A supervised person that provides only investment advisory services
described in division (X)(1) of this section by means of written
materials or oral statements that do not purport to meet the
objectives or needs of specific individuals or accounts;

(c)
Any other person that the division designates by rule, if the
division finds that the designation is necessary or appropriate in
the public interest or for the protection of investors or clients and
is consistent with the provisions fairly intended by the policy and
provisions of this chapter.

(2)
For the purpose of the calculation of clients in division (CC)(1) of
this section, a natural person and the following persons are deemed a
single client: Any minor child of the natural person; any relative,
spouse, or relative of the spouse of the natural person who has the
same principal residence as the natural person; all accounts of which
the natural person or the persons referred to in division (CC)(2) of
this section are the only primary beneficiaries; and all trusts of
which the natural person or persons referred to in division (CC)(2)
of this section are the only primary beneficiaries. Persons who are
not residents of the United States need not be included in the
calculation of clients under division (CC)(1) of this section.

(3)
If subsequent to March 18, 1999, amendments are enacted or adopted
defining "investment adviser representative" for purposes
of the Investment Advisers Act of 1940 or additional rules or
regulations are promulgated by the securities and exchange commission
regarding the definition of "investment adviser representative"
for purposes of the Investment Advisers Act of 1940, the division of
securities shall, by rule, adopt the substance of the amendments,
rules, or regulations, unless the division finds that the amendments,
rules, or regulations are not necessary for the protection of
investors or in the public interest.

(DD)
"Supervised person" means a natural person who is any of
the following:

(1)
A partner, officer, or director of an investment adviser, or other
person occupying a similar status or performing similar functions
with respect to an investment adviser;

(2)
An employee of an investment adviser;

(3)
A person who provides investment advisory services described in
division (X)(1) of this section on behalf of the investment adviser
and is subject to the supervision and control of the investment
adviser.

(EE)
"Excepted person" means a natural person to whom any of the
following applies:

(1)
Immediately after entering into the investment advisory contract with
the investment adviser, the person has at least seven hundred fifty
thousand dollars under the management of the investment adviser.

(2)
The investment adviser reasonably believes either of the following at
the time the investment advisory contract is entered into with the
person:

(a)
The person has a net worth, together with assets held jointly with a
spouse, of more than one million five hundred thousand dollars.

(b)
The person is a qualified purchaser as defined in division (FF) of
this section.

(3)
Immediately prior to entering into an investment advisory contract
with the investment adviser, the person is either of the following:

(a)
An executive officer, director, trustee, general partner, or person
serving in a similar capacity, of the investment adviser;

(b)
An employee of the investment adviser, other than an employee
performing solely clerical, secretarial, or administrative functions
or duties for the investment adviser, which employee, in connection
with the employee's regular functions or duties, participates in the
investment activities of the investment adviser, provided that, for
at least twelve months, the employee has been performing such
nonclerical, nonsecretarial, or nonadministrative functions or duties
for or on behalf of the investment adviser or performing
substantially similar functions or duties for or on behalf of another
company.

If
subsequent to March 18, 1999, amendments are enacted or adopted
defining "excepted person" for purposes of the Investment
Advisers Act of 1940 or additional rules or regulations are
promulgated by the securities and exchange commission regarding the
definition of "excepted person" for purposes of the
Investment Advisers Act of 1940, the division of securities shall, by
rule, adopt the substance of the amendments, rules, or regulations,
unless the division finds that the amendments, rules, or regulations
are not necessary for the protection of investors or in the public
interest.

(FF)(1)
"Qualified purchaser" means either of the following:

(a)
A natural person who owns not less than five million dollars in
investments as defined by rule by the division of securities;

(b)
A natural person, acting for the person's own account or accounts of
other qualified purchasers, who in the aggregate owns and invests on
a discretionary basis, not less than twenty-five million dollars in
investments as defined by rule by the division of securities.

(2)
If subsequent to March 18, 1999, amendments are enacted or adopted
defining "qualified purchaser" for purposes of the
Investment Advisers Act of 1940 or additional rules or regulations
are promulgated by the securities and exchange commission regarding
the definition of "qualified purchaser" for purposes of the
Investment Advisers Act of 1940, the division of securities shall, by
rule, adopt the amendments, rules, or regulations, unless the
division finds that the amendments, rules, or regulations are not
necessary for the protection of investors or in the public interest.

(GG)(1)
"Purchase" has the full meaning of "purchase" as
applied by or accepted in courts of law or equity and includes every
acquisition of, or attempt to acquire, a security or an interest in a
security. "Purchase" also includes a contract to purchase,
an exchange, an attempt to purchase, an option to purchase, a
solicitation of a purchase, a solicitation of an offer to sell, a
subscription, or an offer to purchase, directly or indirectly, by
agent, circular, pamphlet, advertisement, or otherwise.

(2)
"Purchase" means any act by which a purchase is made.

(3)
Any security given with, or as a bonus on account of, any purchase of
securities is conclusively presumed to constitute a part of the
subject of that purchase.

(HH)
"Life settlement interest" means the entire interest or any
fractional interest in an insurance policy or certificate of
insurance, or in an insurance benefit under such a policy or
certificate, that is the subject of a life settlement contract.

For
purposes of this division, "life settlement contract" means
an agreement for the purchase, sale, assignment, transfer, devise, or
bequest of any portion of the death benefit or ownership of any life
insurance policy or contract, in return for consideration or any
other thing of value that is less than the expected death benefit of
the life insurance policy or contract. "Life settlement
contract" includes a viatical settlement contract as defined in
section 3916.01 of the Revised Code, but does not include any of the
following:

(1)
A loan by an insurer under the terms of a life insurance policy,
including, but not limited to, a loan secured by the cash value of
the policy;

(2)
An agreement with a bank that takes an assignment of a life insurance
policy as collateral for a loan;

(3)
The provision of accelerated benefits as defined in section 3915.21
of the Revised Code;

(4)
Any agreement between an insurer and a reinsurer;

(5)
An agreement by an individual to purchase an existing life insurance
policy or contract from the original owner of the policy or contract,
if the individual does not enter into more than one life settlement
contract per calendar year;

(6)
The initial purchase of an insurance policy or certificate of
insurance from its owner by a viatical settlement provider, as
defined in section 3916.01 of the Revised Code, that is licensed
under Chapter 3916. of the Revised Code.

(II)
"State retirement system" means the public employees
retirement system, Ohio police and fire pension fund, state teachers
retirement system, school employees retirement system, and state
highway patrol retirement system.

(JJ)
"State retirement system investment officer" means an
individual employed by a state retirement system as a chief
investment officer, assistant investment officer, or the person in
charge of a class of assets or in a position that is substantially
equivalent to chief investment officer, assistant investment officer,
or person in charge of a class of assets.

(KK)
"Bureau of workers' compensation chief investment officer"
means an individual employed by the administrator of workers'
compensation as a chief investment officer or in a position that is
substantially equivalent to a chief investment officer.

(LL)
"Bank holding company" has the same meaning as in the "Bank
Holding Company Act of 1956," 12 U.S.C. 1841.

(MM)
"Savings and loan holding company" has the same meaning as
in 12 U.S.C. 1467a.

Sec.
1707.14.
(A)
No person shall act as a dealer, unless the person is licensed as a
dealer by the division of securities, except when at least one of the
following cases applies:

(1)
When the person is transacting business through or with a licensed
dealer;

(2)
When the securities are the subject matter of one or more
transactions enumerated in divisions (B) to (L), (O) to (R), and (U)
to (Y) of section 1707.03, or in section 1707.06 of the Revised Code,
except when a commission, discount, or other remuneration is paid or
given in consideration with transactions enumerated in divisions (O),
(Q), (W), (X), and (Y) of section 1707.03, or in section 1707.06 of
the Revised Code;

(3)
(3)(a)

When the person is an issuer selling securities issued by it or by
its subsidiary, if such securities are specified under division (G)
or (I) of section 1707.02, or under section 1707.04 of the Revised
Code;

(b)
As used in division (A)(3) of this section, "person"
includes a bank holding company and a savings and loan holding
company.

(4)
When the person is participating in transactions exempt, under
section 1707.34 of the Revised Code, from this chapter;

(5)
When the person has no place of business in this state, is registered
with the securities and exchange commission, and the only
transactions effected in this state are with institutional investors.

(B)
Each dealer that in any twelve-month or shorter period, alone or with
any other dealer with which it is affiliated, has total revenues of
one hundred fifty thousand dollars or more derived from the business
of buying, selling, or otherwise dealing in securities, and that at
any time during such period has one hundred or more retail securities
customers, shall be registered as a broker or dealer with the
securities and exchange commission under the Securities Exchange Act
of 1934, except the following entities:

(1)
A bank;

(2)
A dealer that enters into and is in compliance with an undertaking
accepted by the division, in which the dealer agrees that it will not
engage in any transaction involving the buying, selling, or otherwise
dealing in securities with any natural person in this state, except
for transactions involving either of the following:

(a)
Securities of corporations or associations that have qualified for
treatment as nonprofit organizations pursuant to section 501(c)(3) of
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26
U.S.C.A. 501, as amended;

(b)
Securities or transactions that are described in divisions (A)(1) to
(4) of this section.

(C)
Every dealer that must be registered as a broker or dealer with the
securities and exchange commission pursuant to division (B) of this
section shall become so registered no later than ninety days after
the date on which the dealer meets the requirements for such
registration.

(D)
The division by rule may exempt any dealer from complying with the
licensing or registration requirements of this section, if the
division finds that such licensing or registration is not necessary
for the protection of investors or in the public interest.

(E)
As used in division (B) of this section, "retail securities
customer" means a person that purchases from or through or sells
securities to or through a dealer, and that is not an officer, a
director, a principal, a general partner, or an employee of, the
dealer. Each of the following is deemed to be a single retail
securities customer:

(1)
A husband and wife;

(2)
A minor child and the minor child's parent or legal guardian;

(3)
A corporation, a partnership, an association or other unincorporated
entity, a joint stock company, or a trust.

Sec.
1707.47.
(A)
As used in this section and section 1707.471 of the Revised Code:

(1)
"Claimant" means a person that files an application for
restitution assistance on behalf of a victim.

(2)
"Final order" means a final administrative order issued by
the division of securities or a final court order in a civil or
criminal proceeding initiated by the division.

(3)
"Victim" means a purchaser identified in a final order that
has suffered a pecuniary loss as the result of a violation of this
chapter or any rules adopted thereunder, or, in the case of a
deceased purchaser so identified, the purchaser's surviving spouse or
dependent children.

(B)
There is hereby created in the state treasury the Ohio investor
recovery fund, which shall consist of all cash transfers from the
division of securities fund, created in section 1707.37 of the
Revised Code
,
not to exceed an aggregate total of two million five hundred thousand
dollars in any fiscal year
.
Money in the Ohio investor recovery fund shall be used for the
purposes identified in division (C) of this section.

(C)
The division shall use the Ohio investor recovery fund only to pay
awards of restitution assistance and any expenses incurred in
administering this section.

(D)(1)
If the Ohio investor recovery fund is reduced below two hundred fifty
thousand dollars due to payment in full of restitution assistance
awards that become final during a month, the division shall suspend
payment of further claims that become final during that month and the
following two months.

(2)
At the end of the suspension period described in division (D)(1) of
this section, the division shall pay the suspended claims. If the
Ohio investor recovery fund would be exhausted by payment in full of
the suspended claims, the amount paid to each claimant shall be
prorated according to the amount remaining in the Ohio investor
recovery fund at the end of the suspension period.

(E)
The state shall not be liable for a determination made by the
division under this section except to the extent that money is
available in the Ohio investor recovery fund on the date the award is
calculated.

(F)
The following victims are eligible for restitution assistance:

(1)
A natural person who is a resident of this state;

(2)
A person, other than a natural person, that is domiciled in Ohio.

(G)
The division shall not award restitution assistance as follows:

(1)
To more than one claimant per victim;

(2)
To a claimant on behalf of a victim that has received the full amount
of restitution owed from the person ordered to pay restitution to the
victim in the final order before the application for restitution
assistance from the fund is filed;

(3)
To a claimant if the final order identifies no pecuniary loss to the
victim on whose behalf the application is made;

(4)
To a claimant on behalf of a victim that assisted in the commission
of the violation of this chapter;

(5)
If the portion of the final order giving rise to a restitution order
or otherwise establishing a pecuniary loss to the victim is
overturned on appeal.

(H)
If, after the division has made a restitution assistance award from
the Ohio investor recovery fund under this section, the restitution
award in the final order is overturned on appeal and all legal
remedies have been exhausted, then the claimant shall forfeit the
restitution assistance award.

Sec.
1711.30.
Before
issuing bonds under section 1711.28 of the Revised Code, the board of
county commissioners, by resolution, shall submit to the qualified
electors of the county at the next general election for county
officers, held not less than ninety days after receiving from the
county agricultural society the notice provided for in section
1711.25 of the Revised Code, the question of issuing and selling such
bonds in such amount and denomination as are necessary for the
purpose in view, and shall certify a copy of such resolution to the
county board of elections.

The
county board of elections shall place the question of issuing and
selling such bonds upon the ballot and make all other necessary
arrangements for the submission, at the time fixed by such
resolution, of such question to such electors. The votes cast at such
election upon such question must be counted, canvassed, and certified
in the same manner, except as provided by law, as votes cast for
county officers. Fifteen days' notice of such submission shall be
given by the county board of elections, by publication once a week
for two consecutive weeks in a newspaper of general circulation in
the county or as provided in section 7.16 of the Revised Code,
stating the amount of bonds to be issued, the purpose for which they
are to be issued, and the time and places of holding such election.
If the resolution proposes the levy of a tax under section 1711.29 of
the Revised Code, the notice shall include the rate of the tax in
both mills for each one dollar of taxable value and in dollars for
each one hundred thousand dollars of the county auditor's
appraised

market

value.

The
question must be stated on the ballot as follows: "For the issue
of county fair bonds, yes"; "For the issue of county fair
bonds, no."

If
the resolution proposes the levy of a tax under section 1711.29 of
the Revised Code, the question appearing on the ballot shall include
the rate of the tax in both mills for each one dollar of taxable
value and in dollars for each one hundred thousand dollars of the
county auditor's
appraised

market

value.

If
the majority of those voting upon the question of issuing the bonds
vote in favor thereof, then and only then shall they be issued and
the tax provided for in section 1711.29 of the Revised Code be
levied.

As
used in this section, "the county auditor's
appraised

market

value"
has the same meaning as in section 5705.01 of the Revised Code.

Sec.
1713.03.
The
chancellor of higher education shall establish standards for
certificates of authorization to be issued to institutions as defined
in section 1713.01 of the Revised Code, to private institutions
exempt from regulation under Chapter 3332. of the Revised Code as
prescribed in section 3333.046 of the Revised Code, and to schools
holding certificates of registration issued by the state board of
career colleges and schools pursuant to division (C) of section
3332.05 of the Revised Code. A certificate of authorization may
permit an institution or school to award one or more types of
degrees.

The
standards for a certificate of authorization may include, for various
types of institutions, schools, or degrees, minimum qualifications
for faculty, library, laboratories, and other facilities as adopted
and published by the chancellor. The standards shall be adopted by
the chancellor pursuant to Chapter 119. of the Revised Code.

An
institution or school shall apply to the chancellor for a certificate
of authorization on forms containing such information as is
prescribed by the chancellor. Each institution or school with a
certificate of authorization shall file an annual report with the
chancellor in such form and containing such information as the
chancellor prescribes.

The
annual report shall include disclosure of any contract entered with
an online program manager, as described in section 1713.032 of the
Revised Code.

The
chancellor shall adopt a rule under Chapter 119. of the Revised Code
establishing fees to pay the cost of reviewing an application for a
certificate of authorization, which the institution or school shall
pay when it applies for a certificate of authorization, and
establishing fees, which an institution or school shall pay, for any
further reviews the chancellor determines necessary upon examining an
institution's or school's annual report.

Sec.
1713.032.
(A)
As used in this section:

(1)
"Online program manager" means an entity that is not an
institution of higher education as defined under "The Higher
Education Act of 1965," 20 U.S.C. 1001, that enters into an
agreement with a private institution of higher education to provide
marketing and recruitment services and at least one additional
service, including course design, technology, or faculty training, to
support an online degree program.

(2)
"Private institution of higher education" means a private
institution of higher education with a certificate of authorization,
or seeking authorization, from the chancellor of higher education
under Chapter 1713. of Revised Code.

(B)
If a private institution of higher education enters a contract with
an online program manager, the institution shall ensure the contract
is in compliance with relevant program standards and requirements.

(C)
A private institution of higher education that enters into a contract
with an online program manager shall post on each online degree
program web site it maintains that it utilizes an online program
manager for services. The institution shall require the online
program manager to identify itself when providing services to
students.

(D)
A contract between a private institution of higher education and an
online program manager is not a public record for purposes of section
149.43 of the Revised Code.

(E)
A private institution of higher education shall not permit an online
program manager to control, make decisions regarding, administer, or
disburse student financial aid.

Sec.
1713.033.
Each
institution or school with a certificate of authorization issued
under this chapter annually shall certify to the chancellor of higher
education, on a date and in the form and manner determined by the
chancellor, a plan to preserve student records indefinitely if the
institution or school was to cease operations. The plan shall include
the designation and signed confirmation of an official custodian of
student records. If the chancellor determines it necessary, the
chancellor may require an institution or school to produce an
executed agreement with the designated custodian of student records,
paid in full, to ensure the institution's or school's plan can be
implemented.

The
chancellor may consult with the higher learning commission, the state
board of career colleges and schools, and other appropriate entities
to establish plans, processes, and procedures for institutions and
schools to provide indefinite access to student records.

Sec.
1713.041.
(A)
Each institution or school authorized to offer courses or degrees
under a certificate of authorization annually shall provide to the
chancellor of higher education all of the following:

(1)
Verification of current accreditation status and a copy of the most
recent institutional report from the institution's accrediting
organization;

(2)
A plan to preserve student records indefinitely in the event of
closure of the institution or discontinuation of service. The plan
shall include a method by which students and alumni of the
institution may retrieve student records by request. The plan also
shall include a designation and signed confirmation of an official
custodian of student records. Student records preserved under the
plan shall include, but not be limited to:

(a)
Academic transcripts;

(b)
Financial aid documents;

(c)
International student forms;

(d)
Tax information.

(3)
The following program information:

(a)
A list of current degree programs offered by the institution in this
state;

(b)
The results of any external degree program evaluations conducted in
the last year;

(c)
A list of any degree programs that have been eliminated in the last
year;

(4)
The latest financial statement for the most recent fiscal year
compiled and audited by an independent certified public accountant,
including any management letters provided by the independent auditor;

(5)
Any other information requested by the chancellor.

(B)
If an institution or school fails to submit the information required
under division (A) of this section or if the chancellor finds that
the information submitted under that division is insufficient, the
chancellor may suspend, withdraw, or revoke an institution or
school's institutional authorization or a program's authorization.

(C)
Each institution or school shall immediately notify the chancellor if
the institution or school does any of the following:

(1)
Receives notice from the federal government or an institutional
accrediting organization that the institution or school is subject to
heightened reporting standards or special monitoring status, such as
the United States department of education's heightened cash
monitoring process;

(2)
Receives preliminary or final accreditation findings;

(3)
Becomes the subject of an investigation by a government agency
related to the institution's academic quality, financial stability,
or student consumer protection;

(4)
Fails to make any payments to applicable retirement systems;

(5)
Fails to make any scheduled payroll payments;

(6)
Fails to make any payments to vendors when due as a result of a cash
deficiency or a substantial deficiency in the payment processing
system of the institution;

(7)
Fails to make any scheduled payment of principal or interest for
short- or long-term debt;

(8)
Makes budget revisions resulting in a substantially reduced ending
fund balance or larger deficit;

(9)
Becomes aware of significant negative variance between the most
recently adopted annual budget and actual revenues or expenses as
projected at the end of the fiscal year.

(D)
A document received by the chancellor under division (C)(1), (2), or
(3) of this section that is confidential under federal law is not
subject to release under a public record request until such time as
the document is released publicly by the appropriate entity. Further,
financial documentation of the institution or school received by the
chancellor under this section is not a public record under section
149.43 of the Revised Code.

Sec.
1901.123.
(A)(1)

Subject
to reimbursement under division (B) of this section, the
The

treasurer
of the county in which a county-operated municipal court or other
municipal court is located shall pay the per diem compensation to
which an acting judge appointed pursuant to division (A)(2)(a),
(B)(1), or (C)(1) of section 1901.121 of the Revised Code is entitled
pursuant to division (A)(1) of section 1901.122 of the Revised Code.

(2)
The treasurer of the county in which a county-operated municipal
court or other municipal court is located shall pay the per diem
compensation to which an assigned judge assigned pursuant to division
(A)(1), (A)(2)(b), (B)(2), (C)(2), or (D) of section 1901.121 of the
Revised Code is entitled pursuant to division (B)(1) or (4) of
section 1901.122 of the Revised Code.

(3)
Subject to reimbursement under division (B) of this section, the
treasurer of the county in which a county-operated municipal court or
other municipal court is located shall pay the per diem compensation
to which an assigned judge assigned pursuant to division (A)(1),
(A)(2)(b), (B)(2), (C)(2), or (D) of section 1901.121 of the Revised
Code is entitled pursuant to division (B)(2) of section 1901.122 of
the Revised Code.

(4)
Subject to reimbursement under division (C) of this section, the
supreme court shall pay the per diem compensation to which an
assigned judge assigned pursuant to division (A)(1), (A)(2)(b),
(B)(2), (C)(2), or (D) of section 1901.121 of the Revised Code is
entitled pursuant to division (B)(3) of section 1901.122 of the
Revised Code.

(B)
A county that, pursuant to division
(A)(1)
or (3)
(A)(3)

of this section, is required to pay the per diem compensation to
which an
acting
judge or
assigned
judge is entitled, shall submit to the administrative director of the
supreme court quarterly requests for reimbursements of the state
portion of the per diem amounts so paid. The requests shall include
verifications of the payment of those amounts and an affidavit from
the
acting
judge or
assigned
judge stating the days and hours worked. The administrative director
shall cause reimbursements of the state portion of the per diem
amounts paid to be issued to the county if the administrative
director verifies that those amounts were, in fact, so paid. If the
county fails to submit a request within one year after the per diem
compensation was paid, the administrative director shall refuse to
cause reimbursement to be issued.

(C)
If the supreme court, pursuant to division (A)(4) of this section, is
required to pay the per diem compensation to which an assigned judge
is entitled, annually, on the first day of August, the administrative
director of the supreme court shall issue a billing to the county
treasurer of any county to which such a judge was assigned to a
municipal court for reimbursement of the county or local portion of
the per diem compensation previously paid by the supreme court for
the twelve-month period preceding the last day of June. The county or
local portion of the per diem compensation shall be that part of each
per diem paid by the state which is proportional to the county or
local shares of the total compensation of a resident judge of such
court. The county treasurer shall forward the payment within thirty
days. After forwarding the payment, the county treasurer shall seek
reimbursement from the applicable local municipalities as
appropriate.

Sec.
1901.26.
(A)
Subject to division (E) of this section, costs in a municipal court
shall be fixed and taxed as follows:

(1)(a)
The municipal court shall require an advance deposit for the filing
of any new civil action or proceeding when required by division (C)
of this section, subject to its waiver pursuant to that division, and
in all other cases, by rule, shall establish a schedule of fees and
costs to be taxed in any civil or criminal action or proceeding.

(b)(i)
The legislative authority of a municipal corporation may by ordinance
establish a schedule of fees to be taxed as costs in any civil,
criminal, or traffic action or proceeding in a municipal court for
the performance by officers or other employees of the municipal
corporation's police department or marshal's office of any of the
services specified in sections 311.17 and 509.15 of the Revised Code.
No fee in the schedule shall be higher than the fee specified in
section 311.17 of the Revised Code for the performance of the same
service by the sheriff. If a fee established in the schedule
conflicts with a fee for the same service established in another
section of the Revised Code or a rule of court, the fee established
in the other section of the Revised Code or the rule of court shall
apply.

(ii)
When an officer or employee of a municipal police department or
marshal's office performs in a civil, criminal, or traffic action or
proceeding in a municipal court a service specified in section 311.17
or 509.15 of the Revised Code for which a taxable fee has been
established under this or any other section of the Revised Code, the
applicable legal fees and any other extraordinary expenses, including
overtime, provided for the service shall be taxed as costs in the
case. The clerk of the court shall pay those legal fees and other
expenses, when collected, into the general fund of the municipal
corporation that employs the officer or employee.

(iii)
If a bailiff of a municipal court performs in a civil, criminal, or
traffic action or proceeding in that court a service specified in
section 311.17 or 509.15 of the Revised Code for which a taxable fee
has been established under this section or any other section of the
Revised Code, the fee for the service is the same and is taxable to
the same extent as if the service had been performed by an officer or
employee of the police department or marshal's office of the
municipal corporation in which the court is located. The clerk of
that court shall pay the fee, when collected, into the general fund
of the entity or entities that fund the bailiff's salary, in the same
prorated amount as the salary is funded.

(iv)
Division (A)(1)(b) of this section does not authorize or require any
officer or employee of a police department or marshal's office of a
municipal corporation or any bailiff of a municipal court to perform
any service not otherwise authorized by law.

(2)
The municipal court, by rule, may require an advance deposit for the
filing of any civil action or proceeding and publication fees as
provided in section 2701.09 of the Revised Code. The court shall
waive the requirement for advance deposit for a party that the court
determines qualifies as an indigent litigant as set forth in section
2323.311 of the Revised Code.

(3)
When a jury trial is demanded in any civil action or proceeding, the
party making the demand may be required to make an advance deposit as
fixed by rule of court, unless the court determines that the party
qualifies as an indigent litigant as set forth in section 2323.311 of
the Revised Code. If a jury is called, the fees of a jury shall be
taxed as costs.

(4)
In any civil or criminal action or proceeding, each witness shall
receive twelve dollars for each full day's attendance and six dollars
for each half day's attendance. Each witness in a municipal court
that is not a county-operated municipal court also shall receive
fifty and one-half cents for each mile necessarily traveled to and
from the witness's place of residence to the action or proceeding.

(5)
A reasonable charge for driving, towing, carting, storing, keeping,
and preserving motor vehicles and other personal property recovered
or seized in any proceeding may be taxed as part of the costs in a
trial of the cause, in an amount that shall be fixed by rule of
court.

(6)
Chattel property seized under any writ or process issued by the court
shall be preserved pending final disposition for the benefit of all
persons interested and may be placed in storage when necessary or
proper for that preservation. The custodian of any chattel property
so stored shall not be required to part with the possession of the
property until a reasonable charge, to be fixed by the court, is
paid.

(7)
The municipal court, as it determines, may refund all deposits and
advance payments of fees and costs, including those for jurors and
summoning jurors, when they have been paid by the losing party.

(8)
Charges for the publication of legal notices required by statute or
order of court may be taxed as part of the costs, as provided by
section 7.13 of the Revised Code.

(B)(1)(a)
The municipal court may determine that, for the efficient operation
of the court, additional funds are necessary to acquire and pay for
special projects of the court including, but not limited to, the
acquisition of additional facilities or the rehabilitation of
existing facilities, the acquisition of equipment, the hiring and
training of staff, community service programs, mediation or dispute
resolution services, the employment of magistrates, the training and
education of judges, acting judges, and magistrates, and other
related services. Upon that determination, the court by rule may
charge a fee, in addition to all other court costs, on the filing of
each criminal cause, civil action or proceeding, or judgment by
confession.
Fees
collected by a court for special projects of the court under this
division shall not be used for training or education that takes place
outside of the state.

(b)
If the municipal court offers a special program or service in cases
of a specific type, the municipal court by rule may assess an
additional charge in a case of that type, over and above court costs,
to cover the special program or service. The municipal court shall
adjust the special assessment periodically, but not retroactively, so
that the amount assessed in those cases does not exceed the actual
cost of providing the service or program.

(c)
Any fee or charge assessed under division (B)(1)(a) or (b) of this
section on the filing of a civil action or proceeding shall be waived
if the court determines that the person on whom the fee or charge is
assessed qualifies as an indigent litigant as set forth in section
2323.311 of the Revised Code.

(d)
All moneys collected under division (B) of this section shall be paid
to the county treasurer if the court is a county-operated municipal
court or to the city treasurer if the court is not a county-operated
municipal court for deposit into either a general special projects
fund or a fund established for a specific special project. Moneys
from a fund of that nature shall be disbursed upon an order of the
court in an amount no greater than the actual cost to the court of a
project. If a specific fund is terminated because of the
discontinuance of a program or service established under division (B)
of this section, the municipal court may order that moneys remaining
in the fund be transferred to an account established under this
division for a similar purpose.

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

(a)
"Criminal cause" means a charge alleging the violation of a
statute or ordinance, or subsection of a statute or ordinance, that
requires a separate finding of fact or a separate plea before
disposition and of which the defendant may be found guilty, whether
filed as part of a multiple charge on a single summons, citation, or
complaint or as a separate charge on a single summons, citation, or
complaint. "Criminal cause" does not include separate
violations of the same statute or ordinance, or subsection of the
same statute or ordinance, unless each charge is filed on a separate
summons, citation, or complaint.

(b)
"Civil action or proceeding" means any civil litigation
that must be determined by judgment entry.

(C)
The municipal court shall collect in all its divisions except the
small claims division the sum of twenty-six dollars as additional
filing fees in each new civil action or proceeding for the charitable
public purpose of providing financial assistance to legal aid
societies that operate within the state and to support the office of
the state public defender. The municipal court shall collect in its
small claims division the sum of eleven dollars as additional filing
fees in each new civil action or proceeding for the charitable public
purpose of providing financial assistance to legal aid societies that
operate within the state and to support the office of the state
public defender. This division does not apply to any execution on a
judgment, proceeding in aid of execution, or other post-judgment
proceeding arising out of a civil action. The filing fees required to
be collected under this division shall be in addition to any other
court costs imposed in the action or proceeding and shall be
collected at the time of the filing of the action or proceeding. The
court shall not waive the payment of the additional filing fees in a
new civil action or proceeding unless the court waives the advanced
payment of all filing fees in the action or proceeding for the party
that the court determines is qualified as an indigent litigant as set
forth in section 2323.311 of the Revised Code. All such moneys
collected during a month except for an amount equal to up to one per
cent of those moneys retained to cover administrative costs shall be
transmitted on or before the twentieth day of the following month by
the clerk of the court to the treasurer of state in a manner
prescribed by the treasurer of state or by the Ohio access to justice
foundation. The treasurer of state shall deposit four per cent of the
funds collected under this division to the credit of the civil case
filing fee fund established under section 120.07 of the Revised Code
and ninety-six per cent of the funds collected under this division to
the credit of the legal aid fund established under section 120.52 of
the Revised Code.

The
court may retain up to one per cent of the moneys it collects under
this division to cover administrative costs, including the hiring of
any additional personnel necessary to implement this division. If the
court fails to transmit to the treasurer of state the moneys the
court collects under this division in a manner prescribed by the
treasurer of state or by the Ohio access to justice foundation, the
court shall forfeit the moneys the court retains under this division
to cover administrative costs, including the hiring of any additional
personnel necessary to implement this division, and shall transmit to
the treasurer of state all moneys collected under this division,
including the forfeited amount retained for administrative costs, for
deposit in the legal aid fund.

(D)
In the Cleveland municipal court, reasonable charges for
investigating titles of real estate to be sold or disposed of under
any writ or process of the court may be taxed as part of the costs.

(E)
Under the circumstances described in sections 2969.21 to 2969.27 of
the Revised Code, the clerk of the municipal court shall charge the
fees and perform the other duties specified in those sections.

(F)
As used in this section:

(1)
"Full day's attendance" means a day on which a witness is
required or requested to be present at an action or proceeding before
and after twelve noon, regardless of whether the witness actually
testifies.

(2)
"Half day's attendance" means a day on which a witness is
required or requested to be present at an action or proceeding either
before or after twelve noon, but not both, regardless of whether the
witness actually testifies.

Sec.
1907.143.
(A)(1)

Subject
to reimbursement under division (B) of this section, the
The

treasurer
of the county in which a county court is located shall pay the per
diem compensation to which an acting judge appointed pursuant to
division (A)(2)(a), (B)(1), or (C)(1) of section 1907.141 of the
Revised Code is entitled pursuant to division (A) of section 1907.142
of the Revised Code.

(2)
The treasurer of the county in which a county court is located shall
pay the per diem compensation to which an assigned judge assigned
pursuant to division (A)(1), (A)(2)(b), (B)(2), or (C)(2) of section
1907.141 of the Revised Code is entitled pursuant to division (B)(1)
or (4) of section 1907.142 of the Revised Code.

(3)
Subject to reimbursement under division (B) of this section, the
treasurer of the county in which a county court is located shall pay
the per diem compensation to which an assigned judge assigned
pursuant to division (A)(1), (A)(2)(b), (B)(2), or (C)(2) of section
1907.141 of the Revised Code is entitled pursuant to division (B)(2)
of section 1907.142 of the Revised Code.

(4)
Subject to reimbursement under division (C) of this section, the
supreme court shall pay the per diem compensation to which an
assigned judge assigned pursuant to division (A)(1), (A)(2)(b),
(B)(2), or (C)(2) of section 1907.141 of the Revised Code is entitled
pursuant to division (B)(3) of section 1907.142 of the Revised Code.

(B)
A county that, pursuant to division
(A)(1)
or (3)
(A)(3)

of this section, is required to pay the per diem compensation to
which an
acting
judge or
assigned
judge is entitled, shall submit to the administrative director of the
supreme court quarterly requests for reimbursements of the state
portion of the per diem amounts so paid. The requests shall include
verifications of the payment of those amounts and an affidavit from
the
acting
judge or
assigned
judge stating the days and hours worked. The administrative director
shall cause reimbursements of the state portion of the per diem
amounts paid to be issued to the county if the administrative
director verifies that those amounts were, in fact, so paid. If the
county fails to submit a request within one year after the per diem
compensation was paid, the administrative director shall refuse to
cause reimbursement to be issued.

(C)
If the supreme court, pursuant to division (A)(4) of this section, is
required to pay the per diem compensation to which an assigned judge
is entitled, annually, on the first day of August, the administrative
director of the supreme court shall issue a billing to the county
treasurer of any county to which such a judge was assigned to a
county court for reimbursement of the county portion of the per diem
compensation previously paid by the supreme court for the
twelve-month period preceding the last day of June. The county
portion of the per diem compensation shall be that part of each per
diem paid by the state which is proportional to the county shares of
the total compensation of a resident judge of such court. The county
treasurer shall forward the payment within thirty days. After
forwarding the payment, the county treasurer shall seek reimbursement
from the applicable local municipalities as appropriate.

Sec.
1907.24.
(A)
Subject to division (C) of this section, a county court shall fix and
tax fees and costs as follows:

(1)
The county court shall require an advance deposit for the filing of
any new civil action or proceeding when required by division (C) of
this section, subject to its waiver pursuant to that division, and,
in all other cases, shall establish a schedule of fees and costs to
be taxed in any civil or criminal action or proceeding.

(2)
The county court by rule may require an advance deposit for the
filing of a civil action or proceeding and publication fees as
provided in section 2701.09 of the Revised Code. The court shall
waive an advance deposit requirement for a party that the court
determines qualifies as an indigent litigant as set forth in section
2323.311 of the Revised Code.

(3)
When a party demands a jury trial in a civil action or proceeding,
the county court may require the party to make an advance deposit as
fixed by rule of court, unless the court determines that the party
qualifies as an indigent litigant as set forth in section 2323.311 of
the Revised Code. If a jury is called, the county court shall tax the
fees of a jury as costs.

(4)
In a civil or criminal action or proceeding, the county court shall
fix the fees of witnesses in accordance with sections 2335.06 and
2335.08 of the Revised Code.

(5)
A county court may tax as part of the costs in a trial of the cause,
in an amount fixed by rule of court, a reasonable charge for driving,
towing, carting, storing, keeping, and preserving motor vehicles and
other personal property recovered or seized in a proceeding.

(6)
The court shall preserve chattel property seized under a writ or
process issued by the court pending final disposition for the benefit
of all interested persons. The court may place the chattel property
in storage when necessary or proper for its preservation. The
custodian of chattel property so stored shall not be required to part
with the possession of the property until a reasonable charge, to be
fixed by the court, is paid.

(7)
The county court, as it determines, may refund all deposits and
advance payments of fees and costs, including those for jurors and
summoning jurors, when they have been paid by the losing party.

(8)
The court may tax as part of costs charges for the publication of
legal notices required by statute or order of court, as provided by
section 7.13 of the Revised Code.

(B)(1)(a)
The county court may determine that, for the efficient operation of
the court, additional funds are necessary to acquire and pay for
special projects of the court including, but not limited to, the
acquisition of additional facilities or the rehabilitation of
existing facilities, the acquisition of equipment, the hiring and
training of staff, community service programs, mediation or dispute
resolution services, the employment of magistrates, the training and
education of judges, acting judges, and magistrates, and other
related services. Upon that determination, the court by rule may
charge a fee, in addition to all other court costs, on the filing of
each criminal cause, civil action or proceeding, or judgment by
confession.
Fees
collected by a court for special projects of the court under this
division shall not be used for training or education that takes place
outside of the state.

(b)
If the county court offers a special program or service in cases of a
specific type, the county court by rule may assess an additional
charge in a case of that type, over and above court costs, to cover
the special program or service. The county court shall adjust the
special assessment periodically, but not retroactively, so that the
amount assessed in those cases does not exceed the actual cost of
providing the service or program.

(c)
Any fee or charge assessed under division (B)(1)(a) or (b) of this
section on the filing of a civil action or proceeding shall be waived
if the court determines that the person on whom the fee or charge is
assessed qualifies as an indigent litigant as set forth in section
2323.311 of the Revised Code.

(d)
All moneys collected under division (B) of this section shall be paid
to the county treasurer for deposit into either a general special
projects fund or a fund established for a specific special project.
Moneys from a fund of that nature shall be disbursed upon an order of
the court in an amount no greater than the actual cost to the court
of a project. If a specific fund is terminated because of the
discontinuance of a program or service established under division (B)
of this section, the county court may order that moneys remaining in
the fund be transferred to an account established under this division
for a similar purpose.

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

(a)
"Criminal cause" means a charge alleging the violation of a
statute or ordinance, or subsection of a statute or ordinance, that
requires a separate finding of fact or a separate plea before
disposition and of which the defendant may be found guilty, whether
filed as part of a multiple charge on a single summons, citation, or
complaint or as a separate charge on a single summons, citation, or
complaint. "Criminal cause" does not include separate
violations of the same statute or ordinance, or subsection of the
same statute or ordinance, unless each charge is filed on a separate
summons, citation, or complaint.

(b)
"Civil action or proceeding" means any civil litigation
that must be determined by judgment entry.

(C)
Subject to division (E) of this section, the county court shall
collect in all its divisions except the small claims division the sum
of twenty-six dollars as additional filing fees in each new civil
action or proceeding for the charitable public purpose of providing
financial assistance to legal aid societies that operate within the
state and to support the office of the state public defender. Subject
to division (E) of this section, the county court shall collect in
its small claims division the sum of eleven dollars as additional
filing fees in each new civil action or proceeding for the charitable
public purpose of providing financial assistance to legal aid
societies that operate within the state and to support the office of
the state public defender. This division does not apply to any
execution on a judgment, proceeding in aid of execution, or other
post-judgment proceeding arising out of a civil action. The filing
fees required to be collected under this division shall be in
addition to any other court costs imposed in the action or proceeding
and shall be collected at the time of the filing of the action or
proceeding. The court shall not waive the payment of the additional
filing fees in a new civil action or proceeding unless the court
waives the advanced payment of all filing fees in the action or
proceeding for the party that the court determines is qualified as an
indigent litigant as set forth in section 2323.311 of the Revised
Code. All such moneys collected during a month except for an amount
equal to up to one per cent of those moneys retained to cover
administrative costs shall be transmitted on or before the twentieth
day of the following month by the clerk of the court to the treasurer
of state in a manner prescribed by the treasurer of state or by the
Ohio access to justice foundation. The treasurer of state shall
deposit four per cent of the funds collected under this division to
the credit of the civil case filing fee fund established under
section 120.07 of the Revised Code and ninety-six per cent of the
funds collected under this division to the credit of the legal aid
fund established under section 120.52 of the Revised Code.

The
court may retain up to one per cent of the moneys it collects under
this division to cover administrative costs, including the hiring of
any additional personnel necessary to implement this division. If the
court fails to transmit to the treasurer of state the moneys the
court collects under this division in a manner prescribed by the
treasurer of state or by the Ohio access to justice foundation, the
court shall forfeit the moneys the court retains under this division
to cover administrative costs, including the hiring of any additional
personnel necessary to implement this division, and shall transmit to
the treasurer of state all moneys collected under this division,
including the forfeited amount retained for administrative costs, for
deposit in the legal aid fund.

(D)
The county court shall establish by rule a schedule of fees for
miscellaneous services performed by the county court or any of its
judges in accordance with law. If judges of the court of common pleas
perform similar services, the fees prescribed in the schedule shall
not exceed the fees for those services prescribed by the court of
common pleas.

(E)
Under the circumstances described in sections 2969.21 to 2969.27 of
the Revised Code, the clerk of the county court shall charge the fees
and perform the other duties specified in those sections.

Sec.
2101.11.
(A)(1)
(A)(1)(a)

The probate judge shall have the care and custody of the files,
papers, books, and records belonging to the probate court. The
probate judge is authorized to perform the duties of clerk of the
judge's court. The probate judge may appoint deputy clerks, court
reporters, a bailiff, and any other necessary employees, each of whom
shall take an oath of office before entering upon the duties of the
employee's appointment and, when so qualified, may perform the duties
appertaining to the office of clerk of the court.

(b)
Not later than eighteen months after the effective date of this
amendment, the general docket of the probate court shall be available
online on the clerk of court's web site for remote access and
printing by the public of the information in that docket, including
all individual documents in each case file, pertaining to probate
cases filed on or after the effective date of this amendment. Nothing
in this division shall be construed as making available online any of
the following:

(i)
Internal documents such as notes, electronic mails, drafts,
recommendations, advice, or research of judicial officers and court
staff;

(ii)
Any document or any information in a case file the public access to
which the court has ordered restricted under the Rules of
Superintendence for the Courts of Ohio.

(2)(a)
The probate judge shall provide for one or more probate court
investigators to perform the duties that are established for a
probate court investigator by the Revised Code or the probate judge.
The probate judge may provide for an investigator in any of the
following manners, as the court determines is appropriate:

(i)
By appointing a person as a full-time or part-time employee of the
probate court to serve as investigator, or by designating a current
full-time or part-time employee of the probate court to serve as
investigator;

(ii)
By contracting with a person to serve and be compensated as
investigator only when needed by the probate court, as determined by
the court, and by designating that person as a probate court
investigator during the times when the person is performing the
duties of an investigator for the court;

(iii)
By entering into an agreement with another department or agency of
the county, including, but not limited to, the sheriff's department
or the county department of job and family services, pursuant to
which an employee of the other department or agency will serve and
perform the duties of investigator for the court, upon request of the
probate judge, and designating that employee as a probate court
investigator during the times when the person is performing the
duties of an investigator for the court.

(b)
Each person appointed or otherwise designated as a probate court
investigator shall take an oath of office before entering upon the
duties of the person's appointment. When so qualified, an
investigator may perform the duties that are established for a
probate court investigator by the Revised Code or the probate judge.

(c)
Except as otherwise provided in this division, a probate court
investigator shall hold at least a bachelor's degree in social work,
psychology, education, special education, or a related human services
field. A probate judge may waive the education requirement of this
division for a person the judge appoints or otherwise designates as a
probate court investigator if the judge determines that the person
has experience in family services work that is equivalent to the
required education.

(d)
Within one year after appointment or designation, a probate court
investigator shall attend an orientation course of at least six
hours, and each calendar year after the calendar year of appointment
or designation, a probate court investigator shall satisfactorily
complete at least six hours of continuing education.

(e)
For purposes of divisions (A)(4), (B), and (C) of this section, a
person designated as a probate court investigator under division
(A)(2)(a)(ii) or (iii) of this section shall be considered an
appointee of the probate court at any time that the person is
performing the duties established under the Revised Code or by the
probate judge for a probate court investigator.

(3)(a)
The probate judge may provide for one or more persons to perform the
duties of an assessor under sections 3107.031, 3107.032, 3107.082,
3107.09, 3107.101, and 3107.12 of the Revised Code or may enter into
agreements with public children services agencies, private child
placing agencies, or private noncustodial agencies under which the
agency provides for one or more persons to perform the duties of an
assessor. A probate judge who provides for an assessor shall do so in
either of the following manners, as the judge considers appropriate:

(i)
By appointing a person as a full-time or part-time employee of the
probate court to serve as assessor, or by designating a current
full-time or part-time employee of the probate court to serve as
assessor;

(ii)
By contracting with a person to serve and be compensated as assessor
only when needed by the probate court, as determined by the court,
and by designating that person as an assessor during the times when
the person is performing the duties of an assessor for the court.

(b)
Each person appointed or designated as a probate court assessor shall
take an oath of office before entering on the duties of the person's
appointment.

(c)
A probate court assessor must meet the qualifications for an assessor
established by section 3107.014 of the Revised Code.

(d)
A probate court assessor shall perform additional duties, including
duties of an investigator under division (A)(2) of this section, when
the probate judge assigns additional duties to the assessor.

(e)
For purposes of divisions (A)(4), (B), and (C) of this section, a
person designated as a probate court assessor shall be considered an
appointee of the probate court at any time that the person is
performing assessor duties.

(4)
Each appointee of the probate judge may administer oaths in all cases
when necessary, in the discharge of official duties.

(B)(1)(a)
Subject to the appropriation made by the board of county
commissioners pursuant to this division, each appointee of a probate
judge under division (A) of this section shall receive such
compensation and expenses as the judge determines and shall serve
during the pleasure of the judge. The compensation of each appointee
shall be paid in semimonthly installments by the county treasurer
from the county treasury, upon the warrants of the county auditor,
certified to by the judge.

(b)
Except as otherwise provided in the Revised Code, the total
compensation paid to all appointees of the probate judge in any
calendar year shall not exceed the total fees earned by the probate
court during the preceding calendar year, unless the board of county
commissioners approves otherwise.

(2)
The probate judge annually shall submit a written request for an
appropriation to the board of county commissioners that shall set
forth estimated administrative expenses of the court, including the
salaries of appointees as determined by the judge and any other
costs, fees, and expenses, including, but not limited to, those
enumerated in section 5123.96 of the Revised Code, that the judge
considers reasonably necessary for the operation of the court. The
board shall conduct a public hearing with respect to the written
request submitted by the judge and shall appropriate such sum of
money each year as it determines, after conducting the public hearing
and considering the written request of the judge, is reasonably
necessary to meet all the administrative expenses of the court,
including the salaries of appointees as determined by the judge and
any other costs, fees, and expenses, including, but not limited to,
the costs, fees, and expenses enumerated in section 5123.96 of the
Revised Code.

If
the judge considers the appropriation made by the board pursuant to
this division insufficient to meet all the administrative expenses of
the court, the judge shall commence an action under Chapter 2731. of
the Revised Code in the court of appeals for the judicial district
for a determination of the duty of the board of county commissioners
to appropriate the amount of money in dispute. The court of appeals
shall give priority to the action filed by the probate judge over all
cases pending on its docket. The burden shall be on the probate judge
to prove that the appropriation requested is reasonably necessary to
meet all administrative expenses of the court. If, prior to the
filing of an action under Chapter 2731. of the Revised Code or during
the pendency of the action, the judge exercises the judge's contempt
power in order to obtain the sum of money in dispute, the judge shall
not order the imprisonment of any member of the board of county
commissioners notwithstanding sections 2705.02 to 2705.06 of the
Revised Code.

(C)
The probate judge may require any of the judge's appointees to give
bond in the sum of not less than one thousand dollars, conditioned
for the honest and faithful performance of the appointee's duties.
The sureties on the bonds shall be approved in the manner provided in
section 2101.03 of the Revised Code.

The
judge shall not be personally liable for the default, malfeasance, or
nonfeasance of any appointee.

All
bonds required to be given in the probate court, on being accepted
and approved by the probate judge, shall be filed in the judge's
office.

Sec.
2101.16.
(A)
Except as provided in section 2101.164 of the Revised Code, the fees
enumerated in this division shall be charged and collected, if
possible, by the probate judge and shall be in full for all services
rendered in the respective proceedings:

1

2

3

A

(1)

Account,
in addition to advertising charges

B

___________________________________________________

$12.00

C

Waivers
and proof of notice of hearing on account, per page, minimum one
dollar

D

___________________________________________________

$1.00

E

(2)

Account
of distribution, in addition to advertising charges

F

___________________________________________________

$7.00

G

(3)

Adoption
of child, petition for

H

___________________________________________________

$20.00

I

(4)

Alter
or cancel contract for sale or purchase of real property,
complaint to

J

___________________________________________________

$20.00

K

(5)

Application
and order not otherwise provided for in this section or by rule
adopted pursuant to division (E) of this section

L

___________________________________________________

$5.00

M

(6)

Appropriation
suit, per day, hearing in

N

___________________________________________________

$20.00

O

(7)

Birth,
application for registration of

P

___________________________________________________

$7.00

Q

(8)

Birth
record, application to correct

R

___________________________________________________

$5.00

S

(9)

Bond,
application for new or additional

T

___________________________________________________

$5.00

U

(10)

Bond,
application for release of surety or reduction of

V

___________________________________________________

$5.00

W

(11)

Bond,
receipt for securities deposited in lieu of

X

___________________________________________________

$5.00

Y

(12)

Certified
copy of journal entry, record, or proceeding, per page, minimum
fee one dollar

Z

___________________________________________________

$1.00

AA

(13)

Citation
and issuing citation, application for

AB

___________________________________________________

$5.00

AC

(14)

Change
of name, petition for

AD

___________________________________________________

$20.00

AE

(15)

Claim,
application of administrator or executor for allowance of
administrator's or executor's own

AF

___________________________________________________

$10.00

AG

(16)

Claim,
application to compromise or settle

AH

___________________________________________________

$10.00

AI

(17)

Claim,
authority to present

AJ

___________________________________________________

$10.00

AK

(18)

Commissioner,
appointment of

AL

___________________________________________________

$5.00

AM

(19)

Compensation
for extraordinary services and attorney's fees for fiduciary,
application for

AN

___________________________________________________

$5.00

AO

(20)

Competency,
application to procure adjudication of

AP

___________________________________________________

$20.00

AQ

(21)

Complete
contract, application to

AR

___________________________________________________

$10.00

AS

(22)

Concealment
of assets, citation for

AT

___________________________________________________

$10.00

AU

(23)

Construction
of will, complaint for

AV

___________________________________________________

$20.00

AW

(24)

Continue
decedent's business, application to

AX

___________________________________________________

$10.00

AY

Monthly
reports of operation

AZ

___________________________________________________

$5.00

BA

(25)

Declaratory
judgment, complaint for

BB

___________________________________________________

$20.00

BC

(26)

Deposit
of will

BD

___________________________________________________

$5.00

BE

(27)

Designation
of heir

BF

___________________________________________________

$20.00

BG

(28)

Distribution
in kind, application, assent, and order for

BH

___________________________________________________

$5.00

BI

(29)

Distribution
under section 2109.36 of the Revised Code, application for an
order of

BJ

___________________________________________________

$7.00

BK

(30)

Docketing
and indexing proceedings, including the filing and noting of all
necessary documents, maximum fee, fifteen dollars

BL

___________________________________________________

$15.00

BM

(31)

Exceptions
to any proceeding named in this section, contest of appointment or

BN

___________________________________________________

$10.00

BO

(32)

Election
of surviving partner to purchase assets of partnership,
proceedings relating to

BP

___________________________________________________

$10.00

BQ

(33)

Election
of surviving spouse under will

BR

___________________________________________________

$5.00

BS

(34)

Fiduciary,
including an assignee or trustee of an insolvent debtor or any
guardian or conservator accountable to the probate court,
appointment of

BT

___________________________________________________

$35.00

BU

(35)

Foreign
will, application to record

BV

___________________________________________________

$10.00

BW

Record
of foreign will, additional, per page

BX

___________________________________________________

$1.00

BY

(36)

Forms
when supplied by the probate court, not to exceed

BZ

___________________________________________________

$10.00

CA

(37)

Heirship,
complaint to determine

CB

___________________________________________________

$20.00

CC

(38)

Injunction
proceedings

CD

___________________________________________________

$20.00

CE

(39)

Improve
real property, petition to

CF

___________________________________________________

$20.00

CG

(40)

Inventory
with appraisement

CH

___________________________________________________

$10.00

CI

(41)

Inventory
without appraisement

CJ

___________________________________________________

$7.00

CK

(42)

Investment
or expenditure of funds, application for

CL

___________________________________________________

$10.00

CM

(43)

Invest
in real property, application to

CN

___________________________________________________

$10.00

CO

(44)

Lease
for oil, gas, coal, or other mineral, petition to

CP

___________________________________________________

$20.00

CQ

(45)

Lease
or lease and improve real property, petition to

CR

___________________________________________________

$20.00

CS

(46)

Marriage
license

CT

___________________________________________________

$10.00

CU

Certified
abstract of each marriage

CV

___________________________________________________

$2.00

CW

(47)

Minor
or incompetent person, etc., disposal of estate under twenty-five
thousand dollars of

CX

___________________________________________________

$10.00

CY

(48)

Mortgage
or mortgage and repair or improve real property, complaint to

CZ

___________________________________________________

$20.00

DA

(49)

Newly
discovered assets, report of

DB

___________________________________________________

$7.00

DC

(50)

Nonresident
executor or administrator to bar creditors' claims, proceedings by

DD

___________________________________________________

$20.00

DE

(51)

Power
of attorney or revocation of power, bonding company

DF

___________________________________________________

$10.00

DG

(52)

Presumption
of death, petition to establish

DH

___________________________________________________

$20.00

DI

(53)

Probating
will

DJ

___________________________________________________

$15.00

DK

Proof
of notice to beneficiaries

DL

___________________________________________________

$5.00

DM

(54)

Purchase
personal property, application of surviving spouse to

DN

___________________________________________________

$10.00

DO

(55)

Purchase
real property at appraised value, petition of surviving spouse to

DP

___________________________________________________

$20.00

DQ

(56)

Receipts
in addition to advertising charges, application and order to
record

DR

___________________________________________________

$5.00

DS

Record
of those receipts, additional, per page

DT

___________________________________________________

$1.00

DU

(57)

Record
in excess of fifteen hundred words in any proceeding in the
probate court, per page

DV

___________________________________________________

$1.00

DW

(58)

Release
of estate by mortgagee or other lienholder

DX

___________________________________________________

$5.00

DY

(59)

Relieving
an estate from administration under section 2113.03 of the Revised
Code or granting an order for a summary release from
administration under section 2113.031 of the Revised Code

DZ

___________________________________________________

$60.00

EA

(60)

Removal
of fiduciary, application for

EB

___________________________________________________

$10.00

EC

(61)

Requalification
of executor or administrator

ED

___________________________________________________

$10.00

EE

(62)

Resignation
of fiduciary

EF

___________________________________________________

$5.00

EG

(63)

Sale
bill, public sale of personal property

EH

___________________________________________________

$10.00

EI

(64)

Sale
of personal property and report, application for

EJ

___________________________________________________

$10.00

EK

(65)

Sale
of real property, petition for

EL

___________________________________________________

$25.00

EM

(66)

Terminate
guardianship, petition to

EN

___________________________________________________

$10.00

EO

(67)

Transfer
of real property, application, entry, and certificate for

EP

___________________________________________________

$7.00

EQ

(68)

Unclaimed
money, application to invest

ER

___________________________________________________

$7.00

ES

(69)

Vacate
approval of account or order of distribution, motion to

ET

___________________________________________________

$10.00

EU

(70)

Writ
of execution

EV

___________________________________________________

$5.00

EW

(71)

Writ
of possession

EX

___________________________________________________

$5.00

EY

(72)

Wrongful
death, application and settlement of claim for

EZ

___________________________________________________

$20.00

FA

(73)

Year's
allowance, petition to review

FB

___________________________________________________

$7.00

FC

(74)

Guardian's
report, filing and review of

FD

___________________________________________________

$5.00

FE

(75)

Person
with a mental illness subject to court order, filing of affidavit
and proceedings for

FF

___________________________________________________

$25.00

(B)(1)
In relation to an application for the appointment of a guardian or
the review of a report of a guardian under section 2111.49 of the
Revised Code, the probate court, pursuant to court order or in
accordance with a court rule, may direct that the applicant or the
estate pay any or all of the expenses of an investigation conducted
pursuant to section 2111.041 or division (A)(2) of section 2111.49 of
the Revised Code. If the investigation is conducted by a public
employee or investigator who is paid by the county, the fees for the
investigation shall be paid into the county treasury. If the court
finds that an alleged incompetent or a ward is indigent, the court
may waive the costs, fees, and expenses of an investigation.

(2)
In relation to the appointment or functioning of a guardian for a
minor or the guardianship of a minor, the probate court may direct
that the applicant or the estate pay any or all of the expenses of an
investigation conducted pursuant to section 2111.042 of the Revised
Code. If the investigation is conducted by a public employee or
investigator who is paid by the county, the fees for the
investigation shall be paid into the county treasury. If the court
finds that the guardian or applicant is indigent, the court may waive
the costs, fees, and expenses of an investigation.

(3)
In relation to the filing of an affidavit of mental illness for a
person with a mental illness subject to court order, the court may
waive the fee under division (A)(75) of this section if the court
finds that the affiant is indigent or for good cause shown.

(C)
Thirty dollars of the thirty-five-dollar fee collected pursuant to
division (A)(34) of this section and twenty dollars of the
sixty-dollar fee collected pursuant to division (A)(59) of this
section shall be deposited by the county treasurer in the indigent
guardianship fund created pursuant to section 2111.51 of the Revised
Code.

(D)
The fees of witnesses, jurors, sheriffs, coroners, and constables for
services rendered in the probate court or by order of the probate
judge shall be the same as provided for similar services in the court
of common pleas.

(E)
The probate court, by rule, may require an advance deposit for costs,
not to exceed one hundred twenty-five dollars, at the time
application is made for an appointment as executor or administrator
or at the time a will is presented for probate.

(F)(1)
The "putative father registry fund" is hereby created in
the state treasury. The department of
job
and family services
children
and youth
shall
use the money in the fund to fund the department's costs of
performing its duties related to the putative father registry
established under section 3107.062 of the Revised Code.

(2)
If the department determines that money in the putative father
registry fund is more than is needed for its duties related to the
putative father registry, the department may use the surplus moneys
in the fund as permitted in division (D) of section 2151.3527 or
section 5103.155 of the Revised Code.

Sec.
2108.34.
(A)
There is hereby created in the state treasury the second chance trust
fund. The fund shall consist of voluntary contributions deposited as
provided in sections 4501.028 and 4503.721 of the Revised Code.
All
investment earnings of the fund shall be credited to the fund.

(B)
The director of health shall use the money in the fund only for the
following purposes:

(1)
Development and implementation of a campaign that explains and
promotes the second chance trust fund;

(2)
Development and implementation of local and statewide public
education programs about organ, tissue, and eye donation, including
the informational material required to be provided under section
4501.028 of the Revised Code;

(3)
Development and implementation of local and statewide donor awareness
programs in schools;

(4)
Development and implementation of local and statewide programs to
recognize donor families;

(5)
Development and distribution of materials promoting organ, tissue,
and eye donation;

(6)
Cooperation with the Ohio Supreme Court, Ohio State Bar Association,
and law schools of this state to more effectively educate attorneys
about the donation of anatomical gifts and to encourage them to
assist their clients in donating anatomical gifts through anatomical
gift declarations, durable powers of attorney for health care, and
any other appropriate means;

(7)
Cooperation with the state medical board, state medical, osteopathic,
and ophthalmological associations, and colleges of medicine and
osteopathic medicine in this state to more effectively educate
physicians about the donation of anatomical gifts and to encourage
them to assist their patients in making declarations of anatomical
gifts;

(8)
Development of statewide hospital training programs to encourage and
facilitate compliance with sections 2108.14 and 2108.15 of the
Revised Code;

(9)
Reimbursement of the bureau of motor vehicles for the administrative
costs incurred in the performance of duties under section 4501.028 of
the Revised Code;

(10)
Reimbursement of the department of health for administrative costs
incurred in the performance of duties under this section and section
2108.35 of the Revised Code;

(11)
Reimbursement of members of the second chance fund advisory committee
for actual and necessary expenses incurred in the performance of
official duties.

(C)
The director shall make the materials developed under division (B)(5)
of this section available to other state agencies.

(D)
The director shall consider recommendations made by the second chance
trust fund advisory committee pursuant to section 2108.35 of the
Revised Code. The director shall determine the appropriateness of and
approve or disapprove projects recommended by the advisory committee
for funding and approve or disapprove the disbursement of money from
the second chance trust fund.

Sec.
2151.27.
(A)(1)
Subject to division (A)(2) of this section, any person having
knowledge of a child who appears to have violated section 2151.87 of
the Revised Code or to be a juvenile traffic offender or to be an
unruly, abused, neglected, or dependent child may file a sworn
complaint with respect to that child in the juvenile court of the
county in which the child has a residence or legal settlement or in
which the violation, unruliness, abuse, neglect, or dependency
allegedly occurred. If an alleged abused, neglected, or dependent
child is taken into custody pursuant to division (D) of section
2151.31 of the Revised Code or is taken into custody pursuant to
division (A) of section 2151.31 of the Revised Code without the
filing of a complaint and placed into shelter care pursuant to
division (C) of that section, a sworn complaint shall be filed with
respect to the child before the end of the next day after the day on
which the child was taken into custody. The sworn complaint may be
upon information and belief, and, in addition to the allegation that
the child committed the violation or is an unruly, abused, neglected,
or dependent child, the complaint shall allege the particular facts
upon which the allegation that the child committed the violation or
is an unruly, abused, neglected, or dependent child is based.

(2)
Any person having knowledge of a child who appears to be an unruly
child for being an habitual truant may file a sworn complaint with
respect to that child and the parent, guardian, or other person
having care of the child in the juvenile court of the county in which
the child has a residence or legal settlement or in which the child
is supposed to attend public school. The sworn complaint may be upon
information and belief and shall contain the following allegations:

(a)
That the child is an unruly child for being an habitual truant and,
in addition, the particular facts upon which that allegation is
based;

(b)
That the parent, guardian, or other person having care of the child
has failed to cause the child's attendance at school in violation of
section 3321.38 of the Revised Code and, in addition, the particular
facts upon which that allegation is based.

(B)
If a child, before arriving at the age of eighteen years, allegedly
commits an act for which the child may be adjudicated an unruly child
and if the specific complaint alleging the act is not filed or a
hearing on that specific complaint is not held until after the child
arrives at the age of eighteen years, the court has jurisdiction to
hear and dispose of the complaint as if the complaint were filed and
the hearing held before the child arrived at the age of eighteen
years.

(C)
If the complainant in a case in which a child is alleged to be an
abused, neglected, or dependent child desires permanent custody of
the child or children, temporary custody of the child or children,
whether as the preferred or an alternative disposition, or the
placement of the child in a planned permanent living arrangement, the
complaint shall contain a prayer specifically requesting permanent
custody, temporary custody, or the placement of the child in a
planned permanent living arrangement.

(D)
Any person with standing under applicable law may file a complaint
for the determination of any other matter over which the juvenile
court is given jurisdiction by section 2151.23 of the Revised Code.
The complaint shall be filed in the county in which the child who is
the subject of the complaint is found or was last known to be found.

(E)
A public children services agency, acting pursuant to a complaint or
an action on a complaint filed under this section, is not subject to
the requirements of section 3127.23 of the Revised Code.

(F)
Upon the filing of a complaint alleging that a child is an unruly
child, the court may hold the complaint in abeyance pending the
child's successful completion of actions that constitute a method to
divert the child from the juvenile court system. The method may be
adopted by a county pursuant to divisions (D) and (E) of section
121.37 of the Revised Code or it may be another method that the court
considers satisfactory. If the child completes the actions to the
court's satisfaction, the court may dismiss the complaint. If the
child fails to complete the actions to the court's satisfaction, the
court may consider the complaint.

(G)
Upon the filing of a complaint that a child is an unruly child that
is based solely on a child being an habitual truant, the court shall
consider an alternative to adjudication, including actions that
constitute a method to divert the child from the juvenile court
system, using the Rules of Juvenile Procedure, or by any other means
if such an alternative is available to the court and the child has
not already participated or failed to complete one of the available
alternatives. The court shall consider the complaint only as a matter
of last resort.

(H)
If a complaint that a child is an unruly child based on the child
being an habitual truant proceeds to consideration by the court, the
prosecution shall bear the burden of proving beyond a reasonable
doubt the following:

(1)
That the child is of compulsory school age, as defined in section
3321.01 of the Revised Code;

(2)
That the child was absent without legitimate excuse for absence from
the public school the child was supposed to attend for thirty or more
consecutive hours, forty-two or more hours in one school month, or
seventy-two or more hours in a school year.

The
child may assert as an affirmative defense the fact that the child
did participate in, or made satisfactory progress on,
the
absence intervention plan
any
interventions
or
other alternatives to adjudication as described in
division
(C) of
section
3321.191 of the Revised Code.

Sec.
2151.311.
(A)
A person taking a child into custody shall, with all reasonable speed
and in accordance with division (C) of this section, either:

(1)
Release the child to the child's parents, guardian, or other
custodian, unless the child's detention or shelter care appears to be
warranted or required as provided in section 2151.31 of the Revised
Code;

(2)
Bring the child to the court or deliver the child to a place of
detention or shelter care designated by the court and promptly give
notice thereof, together with a statement of the reason for taking
the child into custody, to a parent, guardian, or other custodian and
to the court.

(B)
If a parent, guardian, or other custodian fails, when requested by
the court, to bring the child before the court as provided by this
section, the court may issue its warrant directing that the child be
taken into custody and brought before the court.

(C)(1)
Before taking any action required by division (A) of this section, a
person taking a child into custody may hold the child for processing
purposes in a county, multicounty, or municipal jail or workhouse, or
other place where an adult convicted of crime, under arrest, or
charged with crime is held for either of the following periods of
time:

(a)
For a period not to exceed six hours, if all of the following apply:

(i)
The child is alleged to be a delinquent child for the commission of
an act that would be a felony if committed by an adult;

(ii)
The child remains beyond the range of touch of all adult detainees;

(iii)
The child is visually supervised by jail or workhouse personnel at
all times during the detention;

(iv)
The child is not handcuffed or otherwise physically secured to a
stationary object during the detention.

(b)
For a period not to exceed three hours, if all of the following
apply:

(i)
The child is alleged to be a delinquent child for the commission of
an act that would be a misdemeanor if committed by an adult, is
alleged to be a delinquent child for violating a court order
regarding the child's adjudication as an unruly child for being an
habitual truant, or is alleged to be an unruly child or a juvenile
traffic offender;

(ii)
The child remains beyond the range of touch of all adult detainees;

(iii)
The child is visually supervised by jail or workhouse personnel at
all times during the detention;

(iv)
The child is not handcuffed or otherwise physically secured to a
stationary object during the detention.

(2)
If a child has been transferred to an adult court for prosecution for
the alleged commission of a criminal offense, subsequent to the
transfer, the child may be held as described in division (F) of
section 2152.26 or division
(B)
(C)

of section 5120.16 of the Revised Code.

(D)
If a person who is alleged to be or has been adjudicated a delinquent
child or who is in any other category of persons identified in this
section is confined under authority of this section in a place
specified in division (C) of this section, the fact of the person's
admission to and confinement in that place is restricted as described
in division (G) of section 2152.26 of the Revised Code.

(E)
As used in division (C)(1) of this section, "processing
purposes" means all of the following:

(1)
Fingerprinting, photographing, or fingerprinting and photographing
the child in a secure area of the facility;

(2)
Interrogating the child, contacting the child's parent or guardian,
arranging for placement of the child, or arranging for transfer or
transferring the child, while holding the child in a nonsecure area
of the facility.

Sec.
2151.316.
(A)
The department of children and youth shall adopt rules in accordance
with Chapter 119. of the Revised Code to establish and enforce a
foster youth bill of rights for individuals who are in the temporary
or permanent custody of a public children services agency or a
planned permanent living arrangement or in the Title IV-E eligible
care and placement responsibility of a juvenile court or other
governmental agency that provides Title IV-E reimbursable placement
services and who are subject to out-of-home care or placed with a
kinship caregiver as defined in section
5101.85

5180.50

of
the Revised Code.

(B)
If the rights of an individual, as established under division (A) of
this section, conflict with the rights of a resource family or
resource caregiver, as established in section 5103.163 of the Revised
Code, the rights of the individual shall preempt the rights of the
resource family or resource caregiver.

(C)
The rights established by rules under this section shall not create
grounds for a civil action against the department, the recommending
agency, or the custodial agency.

Sec.
2151.356.
(A)
The records of a case in which a person was adjudicated a delinquent
child for committing a violation of section 2903.01, 2903.02, or
2907.02 of the Revised Code shall not be sealed under this section.

(B)(1)
The juvenile court shall promptly order the immediate sealing of
records pertaining to a juvenile in any of the following
circumstances:

(a)
If the court receives a record from a public office or agency under
division (B)(2) of this section;

(b)
If a person was brought before or referred to the court for allegedly
committing a delinquent or unruly act and the case was resolved
without the filing of a complaint against the person with respect to
that act pursuant to section 2151.27 of the Revised Code;

(c)
If a person was charged with violating division (E)(1) of section
4301.69 of the Revised Code and the person has successfully completed
a diversion program under division (E)(2)(a) of section 4301.69 of
the Revised Code with respect to that charge;

(d)
If a complaint was filed against a person alleging that the person
was a delinquent child, an unruly child, or a juvenile traffic
offender and the court
dismisses

does
both of the following:

(i)
Dismisses
the
complaint after a trial on the merits of the case or finds the person
not to be a delinquent child, an unruly child, or a juvenile traffic
offender;

(ii)
Finds that the harm to the person alleged to be a delinquent child,
an unruly child, or a juvenile traffic offender in having the records
pertaining to the case disclosed is not outweighed by the potential
benefits to the public in having access to those records.

(e)
Notwithstanding division (C) of this section and subject to section
2151.358 of the Revised Code, if a person has been adjudicated an
unruly child
,
that
and
both of the following apply:

(i)
The
person
has attained eighteen years of age, and the person is not under the
jurisdiction of the court in relation to a complaint alleging the
person to be a delinquent child.

(ii)
The court finds that the harm to the person in having the records
pertaining to the case disclosed is not outweighed by the potential
benefits to the public in having access to those records.

(2)
The appropriate public office or agency shall immediately deliver all
original records at that public office or agency pertaining to a
juvenile to the court, if the person was arrested or taken into
custody for allegedly committing a delinquent or unruly act, no
complaint was filed against the person with respect to the commission
of the act pursuant to section 2151.27 of the Revised Code, and the
person was not brought before or referred to the court for the
commission of the act. The records delivered to the court as required
under this division shall not include fingerprints, DNA specimens,
and DNA records described under division (A)(3) of section 2151.357
of the Revised Code.

(C)(1)
The juvenile court shall consider the sealing of records pertaining
to a juvenile upon the court's own motion or upon the application of
a person if the person has been adjudicated a delinquent child for
committing an act other than a violation of section 2903.01, 2903.02,
or 2907.02 of the Revised Code, an unruly child, or a juvenile
traffic offender and if, at the time of the motion or application,
the person is not under the jurisdiction of the court in relation to
a complaint alleging the person to be a delinquent child. The court
shall not require a fee for the filing of the application. The motion
or application may be made on or after the time specified in
whichever of the following is applicable:

(a)
If the person is under eighteen years of age, at any time after six
months after any of the following events occur:

(i)
The termination of any order made by the court in relation to the
adjudication;

(ii)
The unconditional discharge of the person from the department of
youth services with respect to a dispositional order made in relation
to the adjudication or from an institution or facility to which the
person was committed pursuant to a dispositional order made in
relation to the adjudication;

(iii)
The court enters an order under section 2152.84 or 2152.85 of the
Revised Code that contains a determination that the child is no
longer a juvenile offender registrant.

(b)
If the person is eighteen years of age or older, at any time after
the later of the following:

(i)
The person's attainment of eighteen years of age;

(ii)
The occurrence of any event identified in divisions (C)(1)(a)(i) to
(iii) of this section.

(2)
In making the determination whether to seal records pursuant to
division (C)(1) of this section, all of the following apply:

(a)
The court may require a person filing an application under division
(C)(1) of this section to submit any relevant documentation to
support the application.

(b)
The court may cause an investigation to be made to determine if the
person who is the subject of the proceedings has been rehabilitated
to a satisfactory degree.

(c)
The court shall promptly, but not less than thirty days prior to the
hearing, notify the prosecuting attorney of any proceedings to seal
records initiated pursuant to division (C)(1) of this section. The
prosecutor shall provide timely notice to a victim and a victim's
representative, if applicable, if the victim or victim's
representative requested notice of the proceedings in the underlying
case.

(d)(i)
The prosecuting attorney may file a response with the court within
thirty days of receiving notice of the sealing proceedings.

(ii)
If the prosecuting attorney does not file a response with the court
or if the prosecuting attorney files a response but indicates that
the prosecuting attorney does not object to the sealing of the
records, the court may order the records of the person that are under
consideration to be sealed without conducting a hearing on the motion
or application. If the court decides in its discretion to conduct a
hearing on the motion or application, the court shall conduct the
hearing within thirty days after making that decision and shall give
notice, by regular mail, of the date, time, and location of the
hearing to the prosecuting attorney and to the person who is the
subject of the records under consideration. The victim, the victim's
representative, and the victim's attorney, if applicable, may be
present and heard orally, in writing, or both at any hearing under
this division. The court shall consider the oral and written
statement of any victim, victim's representative, and victim's
attorney, if applicable.

(iii)
If the prosecuting attorney files a response with the court that
indicates that the prosecuting attorney objects to the sealing of the
records, the court shall conduct a hearing on the motion or
application within thirty days after the court receives the response.
The court shall give notice, by regular mail, of the date, time, and
location of the hearing to the prosecuting attorney and to the person
who is the subject of the records under consideration. The victim,
the victim's representative, and the victim's attorney, if
applicable, may be present and heard orally, in writing, or both at
any hearing under this division. The court shall consider the oral
and written statement of any victim, victim's representative, and
victim's attorney, if applicable.

(e)
After conducting a hearing in accordance with division (C)(2)(d) of
this section or after due consideration when a hearing is not
conducted, except as provided in division (B)(1)(c) of this section,
the court may order the records of the person that are the subject of
the motion or application to be sealed if it finds that the person
has been rehabilitated to a satisfactory degree. In determining
whether the person has been rehabilitated to a satisfactory degree,
the court may consider all of the following:

(i)
The age of the person;

(ii)
The nature of the case;

(iii)
The cessation or continuation of delinquent, unruly, or criminal
behavior;

(iv)
The education and employment history of the person;

(v)
The granting of a new tier classification or declassification from
the juvenile offender registry pursuant to section 2152.85 of the
Revised Code, except for public registry-qualified juvenile offender
registrants;

(vi)
Any other circumstances that may relate to the rehabilitation of the
person who is the subject of the records under consideration.

(D)(1)(a)
The juvenile court shall provide verbal notice to a person whose
records are sealed under division (B) of this section, if that person
is present in the court at the time the court issues a sealing order,
that explains what sealing a record means, states that the person may
apply to have those records expunged under section 2151.358 of the
Revised Code, and explains what expunging a record means.

(b)
The juvenile court shall provide written notice to a person whose
records are sealed under division (B) of this section by regular mail
to the person's last known address, if that person is not present in
the court at the time the court issues a sealing order and if the
court does not seal the person's record upon the court's own motion,
that explains what sealing a record means, states that the person may
apply to have those records expunged under section 2151.358 of the
Revised Code, and explains what expunging a record means.

(2)
Upon final disposition of a case in which a person has been
adjudicated a delinquent child for committing an act other than a
violation of section 2903.01, 2903.02, or 2907.02 of the Revised
Code, an unruly child, or a juvenile traffic offender, the juvenile
court shall provide written notice to the person that does all of the
following:

(a)
States that the person may apply to the court for an order to seal
the record;

(b)
Explains what sealing a record means;

(c)
States that the person may apply to the court for an order to expunge
the record under section 2151.358 of the Revised Code;

(d)
Explains what expunging a record means.

(3)
The department of youth services and any other institution or
facility that unconditionally discharges a person who has been
adjudicated a delinquent child, an unruly child, or a juvenile
traffic offender shall immediately give notice of the discharge to
the court that committed the person. The court shall note the date of
discharge on a separate record of discharges of those natures.

Sec.
2151.3527.
(A)
The director of children and youth shall promulgate forms designed to
gather pertinent medical information concerning a deserted child and
the child's parents. The forms shall clearly and unambiguously state
on each page that the information requested is to facilitate medical
care for the child, that the forms may be fully or partially
completed or left blank, that completing the forms or parts of the
forms is completely voluntary, and that no adverse legal consequence
will result from failure to complete any part of the forms.

(B)
The director shall promulgate written materials to be made available
to the parents of a child delivered pursuant to section 2151.3516 of
the Revised Code. The materials shall describe services available to
assist parents and newborns and shall include information directly
relevant to situations that might cause parents to desert a child and
information on the procedures for a person to follow in order to
reunite with a child the person delivered under section 2151.3516 of
the Revised Code, including notice that the person will be required
to submit to a DNA test, at that person's expense, to prove that the
person is the parent of the child.

(C)
The director of
job
and family services
children
and youth
shall
distribute the medical information forms and written materials
promulgated pursuant to this section to all of the following:

(1)
Entities permitted to receive a deserted child as specified in
section 2151.3517 of the Revised Code;

(2)
Public children services agencies;

(3)
Other public or private agencies that, in the discretion of the
director, are best able to disseminate the forms and materials to the
persons who are most in need of the forms and materials.

(D)
If the department
of
job and family services
determines
that money in the putative father registry fund created under section
2101.16 of the Revised Code is more than is needed for its duties
related to the putative father registry, the department may use
surplus moneys in the fund for costs related to the development,
distribution, and publication of forms and materials promulgated
pursuant to divisions (A) and (B) of this section.

(E)
The department
of
job and family services
shall
develop an educational plan, in collaboration with the Ohio family
and children first cabinet council, for informing at-risk populations
who are most likely to voluntarily deliver a child under section
2151.3516 of the Revised Code concerning the provisions of sections
2151.3515 to 2151.3533 of the Revised Code.

Sec.
2151.416.
(A)
Each agency that is required by section 2151.412 of the Revised Code
to prepare a case plan for a child shall complete a semiannual
administrative review of the case plan no later than six months after
the earlier of the date on which the complaint in the case was filed
or the child was first placed in shelter care. After the first
administrative review, the agency shall complete semiannual
administrative reviews no later than every six months. If the court
issues an order pursuant to section 2151.414 or 2151.415 of the
Revised Code, the agency shall complete an administrative review no
later than six months after the court's order and continue to
complete administrative reviews no later than every six months after
the first review, except that the court hearing held pursuant to
section 2151.417 of the Revised Code may take the place of any
administrative review that would otherwise be held at the time of the
court hearing. When conducting a review, the child's health and
safety shall be the paramount concern.

(B)
Each administrative review required by division (A) of this section
shall be conducted by a review panel of at least three persons,
including, but not limited to, both of the following:

(1)
A caseworker with day-to-day responsibility for, or familiarity with,
the management of the child's case plan;

(2)
A person who is not responsible for the management of the child's
case plan or for the delivery of services to the child or the
parents, guardian, or custodian of the child.

(C)
Each semiannual administrative review shall include, but not be
limited to, a joint meeting by the review panel with the parents,
guardian, or custodian of the child, the guardian ad litem of the
child, and the child's foster care provider and shall include an
opportunity for those persons to submit any written materials to be
included in the case record of the child. If a parent, guardian,
custodian, guardian ad litem, or foster care provider of the child
cannot be located after reasonable efforts to do so or declines to
participate in the administrative review after being contacted, the
agency does not have to include them in the joint meeting.

(D)
The agency shall prepare a written summary of the semiannual
administrative review that shall include, but not be limited to, all
of the following:

(1)
A conclusion regarding the safety and appropriateness of the child's
foster care placement;

(2)
The extent of the compliance with the case plan of all parties;

(3)
The extent of progress that has been made toward alleviating the
circumstances that required the agency to assume temporary custody of
the child;

(4)
An estimated date by which the child may be returned to and safely
maintained in the child's home or placed for adoption or legal
custody;

(5)
An updated case plan that includes any changes that the agency is
proposing in the case plan;

(6)
The recommendation of the agency as to which agency or person should
be given custodial rights over the child for the six-month period
after the administrative review;

(7)
The names of all persons who participated in the administrative
review;

(8)
A summary of the agency's intensive efforts to secure a placement
with an appropriate and willing kinship caregiver as defined in
section
5101.85

5180.50

of
the Revised Code, including any use of search technology to find
biological family members of the child and all other efforts
undertaken since the last review, unless a court has determined that
intensive efforts are unnecessary pursuant to section 2151.4118 of
the Revised Code.

(E)
The agency shall file the summary with the court no later than seven
days after the completion of the administrative review. If the agency
proposes a change to the case plan as a result of the administrative
review, the agency shall file the proposed change with the court at
the time it files the summary. The agency shall give notice of the
summary and proposed change in writing before the end of the next day
after filing them to all parties and the child's guardian ad litem.
All parties and the guardian ad litem shall have seven days after the
date the notice is sent to object to and request a hearing on the
proposed change.

(1)
If the court receives a timely request for a hearing, the court shall
schedule a hearing pursuant to section 2151.417 of the Revised Code
to be held not later than thirty days after the court receives the
request. The court shall give notice of the date, time, and location
of the hearing to all parties and the guardian ad litem. The agency
may implement the proposed change after the hearing, if the court
approves it. The agency shall not implement the proposed change
unless it is approved by the court.

(2)
If the court does not receive a timely request for a hearing, the
court may approve the proposed change without a hearing. If the court
approves the proposed change without a hearing, it shall journalize
the case plan with the change not later than fourteen days after the
change is filed with the court. If the court does not approve the
proposed change to the case plan, it shall schedule a review hearing
to be held pursuant to section 2151.417 of the Revised Code no later
than thirty days after the expiration of the fourteen-day time period
and give notice of the date, time, and location of the hearing to all
parties and the guardian ad litem of the child. If, despite the
requirements of this division and division (D) of section 2151.417 of
the Revised Code, the court neither approves and journalizes the
proposed change nor conducts a hearing, the agency may implement the
proposed change not earlier than fifteen days after it is submitted
to the court.

(F)
The director of children and youth may adopt rules pursuant to
Chapter 119. of the Revised Code for procedures and standard forms
for conducting administrative reviews pursuant to this section.

(G)
The juvenile court that receives the written summary of the
administrative review, upon determining, either from the written
summary, case plan, or otherwise, that the custody or care
arrangement is not in the best interest of the child, may terminate
the custody of an agency and place the child in the custody of
another institution or association certified by the department of
children and youth under section 5103.03 of the Revised Code.

Sec.
2151.4115.
(A)

As
used in sections 2151.4116 to 2151.4122 of the Revised Code:

(1)

(A)

"Kinship
caregiver" has the same meaning as used in section
5101.85

5180.50

of
the Revised Code.

(2)

(B)

"Search
technology" means any locate-and-research tool, search engine,
electronic database, or social media search tool available to a
public children services agency or a private child placing agency.

Sec.
2151.421.
(A)(1)(a)
No person described in division (A)(1)(b) of this section who is
acting in an official or professional capacity and knows, or has
reasonable cause to suspect based on facts that would cause a
reasonable person in a similar position to suspect, that a child
under eighteen years of age, or a person under twenty-one years of
age with a developmental disability or physical impairment, has
suffered or faces a threat of suffering any physical or mental wound,
injury, disability, or condition of a nature that reasonably
indicates abuse or neglect of the child shall fail to immediately
report that knowledge or reasonable cause to suspect to the entity or
persons specified in this division. Except as otherwise provided in
this division or section 5120.173 of the Revised Code, the person
making the report shall make it to the public children services
agency or a peace officer in the county in which the child resides or
in which the abuse or neglect is occurring or has occurred. If the
person making the report is a peace officer, the officer shall make
it to the public children services agency in the county in which the
child resides or in which the abuse or neglect is occurring or has
occurred. In the circumstances described in section 5120.173 of the
Revised Code, the person making the report shall make it to the
entity specified in that section.

(b)
Division (A)(1)(a) of this section applies to any person who is an
attorney; health care professional; practitioner of a limited branch
of medicine as specified in section 4731.15 of the Revised Code;
licensed school psychologist; independent marriage and family
therapist or marriage and family therapist; coroner; administrator or
employee of a child care center; administrator or employee of a
residential camp, child day camp, or private, nonprofit therapeutic
wilderness camp; administrator or employee of a certified child care
agency or other public or private children services agency; school
teacher; school employee; school authority; peace officer; humane
society agent; dog warden, deputy dog warden, or other person
appointed to act as an animal control officer for a municipal
corporation or township in accordance with state law, an ordinance,
or a resolution; person, other than a cleric, rendering spiritual
treatment through prayer in accordance with the tenets of a
well-recognized religion; employee of a county department of job and
family services who is a professional and who works with children and
families;
employee
of an entity that provides home visiting services under the help me
grow program established by the department of children and youth
pursuant to section 5180.21 of the Revised Code;
superintendent
or regional administrator employed by the department of youth
services; superintendent, board member, or employee of a county board
of developmental disabilities; investigative agent contracted with by
a county board of developmental disabilities; employee of the
department of developmental disabilities; employee of a facility or
home that provides respite care in accordance with section 5123.171
of the Revised Code; employee of an entity that provides homemaker
services; employee of a qualified organization as defined in section
2151.90 of the Revised Code; a host family as defined in section
2151.90 of the Revised Code; foster caregiver; a person performing
the duties of an assessor pursuant to Chapter 3107. or 5103. of the
Revised Code; third party employed by a public children services
agency to assist in providing child or family related services; court
appointed special advocate; or guardian ad litem.

(c)
If two or more health care professionals, after providing health care
services to a child, determine or suspect that the child has been or
is being abused or neglected, the health care professionals may
designate one of the health care professionals to report the abuse or
neglect. A single report made under this division shall meet the
reporting requirements of division (A)(1) of this section.

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

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

(a)
The client or patient, at the time of the communication, is a child
under eighteen years of age or is a person under twenty-one years of
age with a developmental disability or physical impairment.

(b)
The attorney, physician, or advanced practice registered nurse knows,
or has reasonable cause to suspect based on facts that would cause a
reasonable person in similar position to suspect that the client or
patient has suffered or faces a threat of suffering any physical or
mental wound, injury, disability, or condition of a nature that
reasonably indicates abuse or neglect of the client or patient.

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

(4)(a)
No cleric and no person, other than a volunteer, designated by any
church, religious society, or faith acting as a leader, official, or
delegate on behalf of the church, religious society, or faith who is
acting in an official or professional capacity, who knows, or has
reasonable cause to believe based on facts that would cause a
reasonable person in a similar position to believe, that a child
under eighteen years of age, or a person under twenty-one years of
age with a developmental disability or physical impairment, has
suffered or faces a threat of suffering any physical or mental wound,
injury, disability, or condition of a nature that reasonably
indicates abuse or neglect of the child, and who knows, or has
reasonable cause to believe based on facts that would cause a
reasonable person in a similar position to believe, that another
cleric or another person, other than a volunteer, designated by a
church, religious society, or faith acting as a leader, official, or
delegate on behalf of the church, religious society, or faith caused,
or poses the threat of causing, the wound, injury, disability, or
condition that reasonably indicates abuse or neglect shall fail to
immediately report that knowledge or reasonable cause to believe to
the entity or persons specified in this division. Except as provided
in section 5120.173 of the Revised Code, the person making the report
shall make it to the public children services agency or a peace
officer in the county in which the child resides or in which the
abuse or neglect is occurring or has occurred. In the circumstances
described in section 5120.173 of the Revised Code, the person making
the report shall make it to the entity specified in that section.

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

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

(i)
The penitent, at the time of the communication, is a child under
eighteen years of age or is a person under twenty-one years of age
with a developmental disability or physical impairment.

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

(iii)
The abuse or neglect does not arise out of the penitent's attempt to
have an abortion performed upon a child under eighteen years of age
or upon a person under twenty-one years of age with a developmental
disability or physical impairment without the notification of her
parents, guardian, or custodian in accordance with section 2151.85 of
the Revised Code.

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

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

(B)
Anyone who knows, or has reasonable cause to suspect based on facts
that would cause a reasonable person in similar circumstances to
suspect, that a child under eighteen years of age, or a person under
twenty-one years of age with a developmental disability or physical
impairment, has suffered or faces a threat of suffering any physical
or mental wound, injury, disability, or other condition of a nature
that reasonably indicates abuse or neglect of the child may report or
cause reports to be made of that knowledge or reasonable cause to
suspect to the entity or persons specified in this division. Except
as provided in section 5120.173 of the Revised Code, a person making
a report or causing a report to be made under this division shall
make it or cause it to be made to the public children services agency
or to a peace officer. In the circumstances described in section
5120.173 of the Revised Code, a person making a report or causing a
report to be made under this division shall make it or cause it to be
made to the entity specified in that section.

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

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

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

(3)
Any other information, including, but not limited to, results and
reports of any medical examinations, tests, or procedures performed
under division (D) of this section, that might be helpful in
establishing the cause of the injury, abuse, or neglect that is known
or reasonably suspected or believed, as applicable, to have occurred
or of the threat of injury, abuse, or neglect that is known or
reasonably suspected or believed, as applicable, to exist.

(D)(1)
Any person, who is required by division (A) of this section to report
child abuse or child neglect that is known or reasonably suspected or
believed to have occurred, may take or cause to be taken color
photographs of areas of trauma visible on a child and, if medically
necessary for the purpose of diagnosing or treating injuries that are
suspected to have occurred as a result of child abuse or child
neglect, perform or cause to be performed radiological examinations
and any other medical examinations of, and tests or procedures on,
the child.

(2)
The results and any available reports of examinations, tests, or
procedures made under division (D)(1) of this section shall be
included in a report made pursuant to division (A) of this section.
Any additional reports of examinations, tests, or procedures that
become available shall be provided to the public children services
agency, upon request.

(3)
If a health care professional provides health care services in a
hospital, children's advocacy center, or emergency medical facility
to a child about whom a report has been made under division (A) of
this section, the health care professional may take any steps that
are reasonably necessary for the release or discharge of the child to
an appropriate environment. Before the child's release or discharge,
the health care professional may obtain information, or consider
information obtained, from other entities or individuals that have
knowledge about the child. Nothing in division (D)(3) of this section
shall be construed to alter the responsibilities of any person under
sections 2151.27 and 2151.31 of the Revised Code.

(4)
A health care professional may conduct medical examinations, tests,
or procedures on the siblings of a child about whom a report has been
made under division (A) of this section and on other children who
reside in the same home as the child, if the professional determines
that the examinations, tests, or procedures are medically necessary
to diagnose or treat the siblings or other children in order to
determine whether reports under division (A) of this section are
warranted with respect to such siblings or other children. The
results of the examinations, tests, or procedures on the siblings and
other children may be included in a report made pursuant to division
(A) of this section.

(5)
Medical examinations, tests, or procedures conducted under divisions
(D)(1) and (4) of this section and decisions regarding the release or
discharge of a child under division (D)(3) of this section do not
constitute a law enforcement investigation or activity.

(E)(1)
When a peace officer receives a report made pursuant to division (A)
or (B) of this section, upon receipt of the report, the peace officer
who receives the report shall refer the report to the appropriate
public children services agency, in accordance with requirements
specified under division (B)(6) of section 2151.4221 of the Revised
Code, unless an arrest is made at the time of the report that results
in the appropriate public children services agency being contacted
concerning the possible abuse or neglect of a child or the possible
threat of abuse or neglect of a child.

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

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

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

(c)
Unless an arrest is made at the time of the report that results in
the appropriate law enforcement agency being contacted concerning the
possible abuse or neglect of a child or the possible threat of abuse
or neglect of a child, and in accordance with requirements specified
under division (B)(6) of section 2151.4221 of the Revised Code,
notify the appropriate law enforcement agency of the report, if the
public children services agency received either of the following:

(i)
A report of abuse of a child;

(ii)
A report of neglect of a child that alleges a type of neglect
identified by the department of children and youth in rules adopted
under division (L)(2) of this section.

(F)
No peace officer shall remove a child about whom a report is made
pursuant to this section from the child's parents, stepparents, or
guardian or any other persons having custody of the child without
consultation with the public children services agency, unless, in the
judgment of the officer, and, if the report was made by a physician
or advanced practice registered nurse, the physician or nurse,
immediate removal is considered essential to protect the child from
further abuse or neglect. The agency that must be consulted shall be
the agency conducting the investigation of the report as determined
pursuant to section 2151.422 of the Revised Code.

(G)(1)
Except as provided in section 2151.422 of the Revised Code or in an
interagency agreement entered into under section 2151.428 of the
Revised Code that applies to the particular report, the public
children services agency shall investigate, within twenty-four hours,
each report of child abuse or child neglect that is known or
reasonably suspected or believed to have occurred and of a threat of
child abuse or child neglect that is known or reasonably suspected or
believed to exist that is referred to it under this section to
determine the circumstances surrounding the injuries, abuse, or
neglect or the threat of injury, abuse, or neglect, the cause of the
injuries, abuse, neglect, or threat, and the person or persons
responsible. The investigation shall be made in cooperation with the
law enforcement agency and in accordance with the memorandum of
understanding prepared under sections 2151.4220 to 2151.4234 of the
Revised Code. A representative of the public children services agency
shall, at the time of initial contact with the person subject to the
investigation, inform the person of the specific complaints or
allegations made against the person. The information shall be given
in a manner that is consistent with division (I)(1) of this section
and protects the rights of the person making the report under this
section.

A
failure to make the investigation in accordance with the memorandum
is not grounds for, and shall not result in, the dismissal of any
charges or complaint arising from the report or the suppression of
any evidence obtained as a result of the report and does not give,
and shall not be construed as giving, any rights or any grounds for
appeal or post-conviction relief to any person. The public children
services agency shall report each case to the uniform statewide
automated child welfare information system that the department of
children and youth shall maintain in accordance with section
5101.13

5180.40

of
the Revised Code. The public children services agency shall submit a
report of its investigation, in writing, to the law enforcement
agency.

(2)
The public children services agency shall make any recommendations to
the county prosecuting attorney or city director of law that it
considers necessary to protect any children that are brought to its
attention.

(H)(1)(a)
Except as provided in divisions (H)(1)(b) and (I)(3) of this section,
any person, health care professional, hospital, institution, school,
health department, or agency shall be immune from any civil or
criminal liability for injury, death, or loss to person or property
that otherwise might be incurred or imposed as a result of any of the
following:

(i)
Participating in the making of reports pursuant to division (A) of
this section or in the making of reports in good faith, pursuant to
division (B) of this section;

(ii)
Participating in medical examinations, tests, or procedures under
division (D) of this section;

(iii)
Providing information used in a report made pursuant to division (A)
of this section or providing information in good faith used in a
report made pursuant to division (B) of this section;

(iv)
Participating in a judicial proceeding resulting from a report made
pursuant to division (A) of this section or participating in good
faith in a proceeding resulting from a report made pursuant to
division (B) of this section.

(b)
Immunity under division (H)(1)(a)(ii) of this section shall not apply
when a health care provider has deviated from the standard of care
applicable to the provider's profession.

(c)
Notwithstanding section 4731.22 of the Revised Code, the
physician-patient privilege shall not be a ground for excluding
evidence regarding a child's injuries, abuse, or neglect, or the
cause of the injuries, abuse, or neglect in any judicial proceeding
resulting from a report submitted pursuant to this section.

(2)
In any civil or criminal action or proceeding in which it is alleged
and proved that participation in the making of a report under this
section was not in good faith or participation in a judicial
proceeding resulting from a report made under this section was not in
good faith, the court shall award the prevailing party reasonable
attorney's fees and costs and, if a civil action or proceeding is
voluntarily dismissed, may award reasonable attorney's fees and costs
to the party against whom the civil action or proceeding is brought.

(I)(1)
Except as provided in divisions (I)(4) and (N) of this section and
sections 2151.423 and 2151.4210 of the Revised Code, a report made
under this section is confidential. The information provided in a
report made pursuant to this section and the name of the person who
made the report shall not be released for use, and shall not be used,
as evidence in any civil action or proceeding brought against the
person who made the report. Nothing in this division shall preclude
the use of reports of other incidents of known or suspected abuse or
neglect in a civil action or proceeding brought pursuant to division
(M) of this section against a person who is alleged to have violated
division (A)(1) of this section, provided that any information in a
report that would identify the child who is the subject of the report
or the maker of the report, if the maker of the report is not the
defendant or an agent or employee of the defendant, has been
redacted. In a criminal proceeding, the report is admissible in
evidence in accordance with the Rules of Evidence and is subject to
discovery in accordance with the Rules of Criminal Procedure.

(2)(a)
Except as provided in division (I)(2)(b) of this section, no person
shall permit or encourage the unauthorized dissemination of the
contents of any report made under this section.

(b)
A health care professional that obtains the same information
contained in a report made under this section from a source other
than the report may disseminate the information, if its dissemination
is otherwise permitted by law.

(3)
A person who knowingly makes or causes another person to make a false
report under division (B) of this section that alleges that any
person has committed an act or omission that resulted in a child
being an abused child or a neglected child is guilty of a violation
of section 2921.14 of the Revised Code.

(4)
If a report is made pursuant to division (A) or (B) of this section
and the child who is the subject of the report dies for any reason at
any time after the report is made, but before the child attains
eighteen years of age, the public children services agency or peace
officer to which the report was made or referred, on the request of
the child fatality review board, the suicide fatality review
committee, or the director of health pursuant to guidelines
established under section 3701.70 of the Revised Code, shall submit a
summary sheet of information providing a summary of the report to the
review board or review committee of the county in which the deceased
child resided at the time of death or to the director. On the request
of the review board, review committee, or director, the agency or
peace officer may, at its discretion, make the report available to
the review board, review committee, or director. If the county served
by the public children services agency is also served by a children's
advocacy center and the report of alleged sexual abuse of a child or
another type of abuse of a child is specified in the memorandum of
understanding that creates the center as being within the center's
jurisdiction, the agency or center shall perform the duties and
functions specified in this division in accordance with the
interagency agreement entered into under section 2151.428 of the
Revised Code relative to that advocacy center.

(5)
Not later than five business days after the determination of a
disposition, a public children services agency shall advise a person
alleged to have inflicted abuse or neglect on a child who is the
subject of a report made pursuant to this section, including a report
alleging sexual abuse of a child or another type of abuse of a child
referred to a children's advocacy center pursuant to an interagency
agreement entered into under section 2151.428 of the Revised Code, in
writing of the disposition of the investigation. The agency shall not
provide to the person any information that identifies the person who
made the report, statements of witnesses, or police or other
investigative reports. The written notice of disposition shall be
made in a form designated by the department of
job
and family services
children
and youth
and
shall inform the person of the right to appeal the disposition.

(J)
Any report that is required by this section, other than a report that
is made to the state highway patrol as described in section 5120.173
of the Revised Code, shall result in protective services and
emergency supportive services being made available by the public
children services agency on behalf of the children about whom the
report is made. The agency required to provide the services shall be
the agency conducting the investigation of the report pursuant to
section 2151.422 of the Revised Code. If a
child

family

is
determined to
be
a candidate for
benefit
from
prevention
services, the agency also
shall

may

make
efforts to prevent neglect or abuse, to enhance a child's welfare,
and to preserve the family unit intact by referring a report for
assessment and provision of services to an agency providing
prevention services
,
if appropriate prevention services are available from a local
provider or other reasonable source
.

(K)(1)
Except as provided in division (K)(4) or (5) of this section, a
person who is required to make a report under division (A) of this
section may make a reasonable number of requests of the public
children services agency that receives or is referred the report, or
of the children's advocacy center that is referred the report if the
report is referred to a children's advocacy center pursuant to an
interagency agreement entered into under section 2151.428 of the
Revised Code, to be provided with the following information:

(a)
Whether the agency or center has initiated an investigation of the
report;

(b)
Whether the agency or center is continuing to investigate the report;

(c)
Whether the agency or center is otherwise involved with the child who
is the subject of the report;

(d)
The general status of the health and safety of the child who is the
subject of the report;

(e)
Whether the report has resulted in the filing of a complaint in
juvenile court or of criminal charges in another court.

(2)(a)
A person may request the information specified in division (K)(1) of
this section only if, at the time the report is made, the person's
name, address, and telephone number are provided to the person who
receives the report.

(b)
When a peace officer or employee of a public children services agency
receives a report pursuant to division (A) or (B) of this section the
recipient of the report shall inform the person of the right to
request the information described in division (K)(1) of this section.
The recipient of the report shall include in the initial child abuse
or child neglect report that the person making the report was so
informed and, if provided at the time of the making of the report,
shall include the person's name, address, and telephone number in the
report.

(c)
If the person making the report provides the person's name and
contact information on making the report, the public children
services agency that received or was referred the report shall send a
written notice via United States mail or electronic mail, in
accordance with the person's preference, to the person not later than
seven calendar days after receipt of the report. The notice shall
provide the status of the agency's investigation into the report
made, who the person may contact at the agency for further
information, and a description of the person's rights under division
(K)(1) of this section.

(d)
Each request is subject to verification of the identity of the person
making the report. If that person's identity is verified, the agency
shall provide the person with the information described in division
(K)(1) of this section a reasonable number of times, except that the
agency shall not disclose any confidential information regarding the
child who is the subject of the report other than the information
described in those divisions.

(3)
A request made pursuant to division (K)(1) of this section is not a
substitute for any report required to be made pursuant to division
(A) of this section.

(4)
If an agency other than the agency that received or was referred the
report is conducting the investigation of the report pursuant to
section 2151.422 of the Revised Code, the agency conducting the
investigation shall comply with the requirements of division (K) of
this section.

(5)
A health care professional who made a report under division (A) of
this section, or on whose behalf such a report was made as provided
in division (A)(1)(c) of this section, may authorize a person to
obtain the information described in division (K)(1) of this section
if the person requesting the information is associated with or acting
on behalf of the health care professional who provided health care
services to the child about whom the report was made.

(6)
If the person making the report provides the person's name and
contact information on making the report, the public children
services agency that received or was referred the report shall send a
written notice via United States mail or electronic mail, in
accordance with the person's preference, to the person not later than
seven calendar days after the agency closes the investigation into
the case reported by the person. The notice shall notify the person
that the agency has closed the investigation.

(L)(1)
The director of children and youth shall adopt rules in accordance
with Chapter 119. of the Revised Code to implement this section. The
department of children and youth may enter into a plan of cooperation
with any other governmental entity to aid in ensuring that children
are protected from abuse and neglect. The department shall make
recommendations to the attorney general that the department
determines are necessary to protect children from child abuse and
child neglect.

(2)
The director of children and youth shall adopt rules in accordance
with Chapter 119. of the Revised Code to identify the types of
neglect of a child that a public children services agency shall be
required to notify law enforcement of pursuant to division
(E)(2)(c)(ii) of this section.

(M)
Whoever violates division (A) of this section is liable for
compensatory and exemplary damages to the child who would have been
the subject of the report that was not made. A person who brings a
civil action or proceeding pursuant to this division against a person
who is alleged to have violated division (A)(1) of this section may
use in the action or proceeding reports of other incidents of known
or suspected abuse or neglect, provided that any information in a
report that would identify the child who is the subject of the report
or the maker of the report, if the maker is not the defendant or an
agent or employee of the defendant, has been redacted.

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

(a)
"Out-of-home care" includes a nonchartered nonpublic school
if the alleged child abuse or child neglect, or alleged threat of
child abuse or child neglect, described in a report received by a
public children services agency allegedly occurred in or involved the
nonchartered nonpublic school and the alleged perpetrator named in
the report holds a certificate, permit, or license issued by the
state board of education under section 3301.071 or Chapter 3319. of
the Revised Code.

(b)
"Administrator, director, or other chief administrative officer"
means the superintendent of the school district if the out-of-home
care entity subject to a report made pursuant to this section is a
school operated by the district.

(2)
No later than the end of the day following the day on which a public
children services agency receives a report of alleged child abuse or
child neglect, or a report of an alleged threat of child abuse or
child neglect, that allegedly occurred in or involved an out-of-home
care entity, the agency shall provide written notice of the
allegations contained in and the person named as the alleged
perpetrator in the report to the administrator, director, or other
chief administrative officer of the out-of-home care entity that is
the subject of the report unless the administrator, director, or
other chief administrative officer is named as an alleged perpetrator
in the report. If the administrator, director, or other chief
administrative officer of an out-of-home care entity is named as an
alleged perpetrator in a report of alleged child abuse or child
neglect, or a report of an alleged threat of child abuse or child
neglect, that allegedly occurred in or involved the out-of-home care
entity, the agency shall provide the written notice to the owner or
governing board of the out-of-home care entity that is the subject of
the report. The agency shall not provide witness statements or police
or other investigative reports.

(3)
No later than three days after the day on which a public children
services agency that conducted the investigation as determined
pursuant to section 2151.422 of the Revised Code makes a disposition
of an investigation involving a report of alleged child abuse or
child neglect, or a report of an alleged threat of child abuse or
child neglect, that allegedly occurred in or involved an out-of-home
care entity, the agency shall send written notice of the disposition
of the investigation to the administrator, director, or other chief
administrative officer and the owner or governing board of the
out-of-home care entity. The agency shall not provide witness
statements or police or other investigative reports.

(O)
As used in this section:

(1)
"Children's advocacy center" and "sexual abuse of a
child" have the same meanings as in section 2151.425 of the
Revised Code.

(2)
"Health care professional" means an individual who provides
health-related services. "Health care professional"
includes all of the following: a physician, including a hospital
intern or resident; a dentist; a podiatrist
;

a registered nurse, including such a nurse who is an advanced
practice registered nurse; a licensed practical nurse; a home care
nurse; a licensed psychologist; a speech-language pathologist; an
audiologist; a person engaged in social work or the practice of
professional counseling; and an employee of a home health agency.
"Health care professional" does not include a practitioner
of a limited branch of medicine as specified in section 4731.15 of
the Revised Code, licensed school psychologist, independent marriage
and family therapist or marriage and family therapist, or coroner.

(3)
"Investigation" means the public children services agency's
response to an accepted report of child abuse or neglect through
either an alternative response or a traditional response.

(4)
"Peace officer" means a sheriff, deputy sheriff, constable,
police officer of a township or joint police district, marshal,
deputy marshal, municipal police officer, or a state highway patrol
trooper.

Sec.
2151.423.
A
public children services agency shall disclose confidential
information discovered during an investigation conducted pursuant to
section 2151.421 or 2151.422 of the Revised Code to any federal,
state, or local government entity, including any appropriate military
authority or any
agency
providing
prevention
services
provider

to
the
child
family
,
that needs the information to carry out its responsibilities to
protect children from abuse or neglect.

Information
disclosed pursuant to this section is confidential and is not subject
to disclosure pursuant to section 149.43 or 1347.08 of the Revised
Code by the agency to whom the information was disclosed. The agency
receiving the information shall maintain the confidentiality of
information disclosed pursuant to this section.

Sec.
2151.424.
(A)
If a child has been placed in a certified foster home or is in the
custody of, or has been placed with, a kinship caregiver as defined
in section
5101.85

5180.50

of
the Revised Code, a court, prior to conducting any hearing pursuant
to division (F)(2) or (3) of section 2151.412 or section 2151.28,
2151.33, 2151.35, 2151.414, 2151.415, 2151.416, or 2151.417 of the
Revised Code with respect to the child, shall notify the foster
caregiver or kinship caregiver of the date, time, and place of the
hearing. At the hearing, the foster caregiver or kinship caregiver
shall have the right to be heard.

(B)
If a public children services agency or private child placing agency
has permanent custody of a child and a petition to adopt the child
has been filed under Chapter 3107. of the Revised Code, the agency,
prior to conducting a review under section 2151.416 of the Revised
Code, or a court, prior to conducting a hearing under division (F)(2)
or (3) of section 2151.412 or section 2151.416 or 2151.417 of the
Revised Code, shall notify the prospective adoptive parent of the
date, time, and place of the review or hearing. At the review or
hearing, the prospective adoptive parent shall have the right to be
heard.

(C)
The notice and the opportunity to be heard do not make the foster
caregiver, kinship caregiver, or prospective adoptive parent a party
in the action or proceeding pursuant to which the review or hearing
is conducted.

Sec.
2151.45.
As
used in sections 2151.45 to 2151.455 of the Revised Code,
"emancipated young adult" and "representative"
have the same meanings as in section
5101.141

5180.42

of
the Revised Code.

Sec.
2151.451.
(A)
The juvenile court of the county, to which either of the following
applies regarding an emancipated young adult described under division
(A)(1) of section
5101.1411

5180.428

of
the Revised Code, may exercise jurisdiction over the emancipated
young adult for purposes of sections 2151.45 to 2151.455 of the
Revised Code:

(1)
The county in which the emancipated young adult resides;

(2)
The county in which the emancipated young adult resided when the
custody, arrangement, or care and placement described in division
(A)(3)(a) of section
5101.141

5180.42

of
the Revised Code terminated.

(B)
A juvenile court, on its own motion or the motion of any party, may
transfer a proceeding under sections 2151.45 to 2151.455 of the
Revised Code to a juvenile court with jurisdiction as provided in
this section.

Sec.
2151.452.
A
juvenile court shall do both of the following regarding an
emancipated young adult described under division (A)(1) of section

5101.1411

5180.428

of
the Revised Code:

(A)
Not later than one hundred eighty days after the voluntary
participation agreement becomes effective, make a determination as to
whether the emancipated young adult's best interest is served by
continuing the care and placement with the department of children and
youth or its representative.

(B)
Not later than twelve months after the effective date of the
voluntary participation agreement, and at least once every twelve
months thereafter, make a determination that the department or its
representative has made reasonable efforts to finalize a permanency
plan to prepare the emancipated young adult for independence.

Sec.
2151.453.
If
any determination required under section 2151.452 of the Revised Code
is not timely made, the federal payments for foster care under
division (A)(1) of section
5101.1411

5180.428

of
the Revised Code for the emancipated young adult shall be suspended.
The payments shall resume upon a subsequent determination that
reasonable efforts have been made to prepare the emancipated young
adult for independence, but only if both of the following apply:

(A)
The emancipated young adult complies with division (A)(1) of section

5101.1411

5180.428

of
the Revised Code.

(B)
There has been a timely determination of best interest under division
(A) of section 2151.452 of the Revised Code.

Sec.
2152.26.
(A)
Except as provided in divisions (B) and (F) of this section, a child
alleged to be or adjudicated a delinquent child or a juvenile traffic
offender may be held only in the following places:

(1)
A certified foster home or a home approved by the court;

(2)
A facility operated by a certified child welfare agency;

(3)
Any other suitable place designated by the court.

(B)
In addition to the places listed in division (A) of this section, a
child alleged to be or adjudicated a delinquent child or a person
described in division (C)(7) of section 2152.02 of the Revised Code
may be held in a detention facility for delinquent children that is
under the direction or supervision of the court or other public
authority or of a private agency and approved by the court, and a
child adjudicated a delinquent child may be held in accordance with
division (F)(2) of this section in a facility of a type specified in
that division.

(C)(1)
Except as provided under division (C)(1) of section 2151.311 of the
Revised Code or division (A)(5) of section 2152.21 of the Revised
Code, a child alleged to be or adjudicated a juvenile traffic
offender may not be held in any of the following facilities:

(a)
A state correctional institution, county, multicounty, or municipal
jail or workhouse, or other place in which an adult convicted of
crime, under arrest, or charged with a crime is held.

(b)
A secure correctional facility.

(2)
Except as provided under this section, sections 2151.56 to 2151.59,
and divisions (A)(5) and (6) of section 2152.21 of the Revised Code,
a child alleged to be or adjudicated a juvenile traffic offender may
not be held for more than twenty-four hours in a detention facility.

(D)
Except as provided in division (F) of this section or in division (C)
of section 2151.311, in division (C)(2) of section 5139.06 and
section 5120.162, or in division
(B)
(C)

of section 5120.16 of the Revised Code, a child who is alleged to be
or is adjudicated a delinquent child or a person described in
division (C)(7) of section 2152.02 of the Revised Code may not be
held in a state correctional institution, county, multicounty, or
municipal jail or workhouse, or other place where an adult convicted
of crime, under arrest, or charged with crime is held.

(E)
Unless the detention is pursuant to division (F) of this section or
division (C) of section 2151.311, division (C)(2) of section 5139.06
and section 5120.162, or division
(B)
(C)

of section 5120.16 of the Revised Code, the official in charge of the
institution, jail, workhouse, or other facility shall inform the
court immediately when a person who is or appears to be under the age
of eighteen years, or a person who is charged with a violation of an
order of a juvenile court or a violation of probation or parole
conditions imposed by a juvenile court and who is or appears to be
between the ages of eighteen and twenty-one years, is received at the
facility and shall deliver the person to the court upon request or
transfer the person to a detention facility designated by the court.

(F)(1)
If a case is transferred to another court for criminal prosecution
pursuant to section 2152.12 of the Revised Code and the alleged
offender is a person described in division (C)(7) of section 2152.02
of the Revised Code, the person may not be transferred for detention
pending the criminal prosecution in a jail or other facility except
under the circumstances described in division (F)(4) of this section.
Any child held in accordance with division (F)(3) of this section
shall be confined in a manner that keeps the child beyond the sight
and sound of all adult detainees. The child shall be supervised at
all times during the detention.

(2)
If a person is adjudicated a delinquent child or juvenile traffic
offender or is a person described in division (C)(7) of section
2152.02 of the Revised Code and the court makes a disposition of the
person under this chapter, at any time after the person attains
twenty-one years of age, the person may be held under that
disposition or under the circumstances described in division (F)(4)
of this section in places other than those specified in division (A)
of this section, including, but not limited to, a county,
multicounty, or municipal jail or workhouse, or other place where an
adult convicted of crime, under arrest, or charged with crime is
held.

(3)(a)
A person alleged to be a delinquent child may be held in places other
than those specified in division (A) of this section, including, but
not limited to, a county, multicounty, or municipal jail, if the
delinquent act that the child allegedly committed would be a felony
if committed by an adult, and if either of the following applies:

(i)
The person attains twenty-one years of age before the person is
arrested or apprehended for that act.

(ii)
The person is arrested or apprehended for that act before the person
attains twenty-one years of age, but the person attains twenty-one
years of age before the court orders a disposition in the case.

(b)
If, pursuant to division (F)(3)(a) of this section, a person is held
in a place other than a place specified in division (A) of this
section, the person has the same rights to bail as an adult charged
with the same offense who is confined in a jail pending trial.

(4)(a)
Any person whose case is transferred for criminal prosecution
pursuant to section 2152.10 or 2152.12 of the Revised Code or any
person who has attained the age of eighteen years but has not
attained the age of twenty-one years and who is being held in a place
specified in division (B) of this section may be held under that
disposition or charge in places other than those specified in
division (B) of this section, including a county, multicounty, or
municipal jail or workhouse, or other place where an adult under
arrest or charged with crime is held if the juvenile court, upon its
own motion or upon motion by the prosecutor and after notice and
hearing, establishes by a preponderance of the evidence and makes
written findings of either of the following:

(i)
With respect to a person whose case is transferred for criminal
prosecution pursuant to either specified section or who has attained
the age of eighteen years but who has not attained the age of
twenty-one years and is being so held, that the youth is a threat to
the safety and security of the facility;

(ii)
With respect to a person who has attained the age of eighteen years
but who has not attained the age of twenty-one years and is being so
held, that the best interests of the youth require that the youth be
held in a place other than a place specified in division (B) of this
section, including a county, multicounty, or municipal jail or
workhouse, or other place where an adult under arrest or charged with
crime is held.

(b)
In determining for purposes of division (F)(4)(a)(i) of this section
whether a youth is a threat to the safety and security of the
facility, evidence that the youth is a threat to the safety and
security of the facility may include, but is not limited to, whether
the youth has done any of the following:

(i)
Injured or created an imminent danger to the life or health of
another youth or staff member in the facility or program by violent
behavior;

(ii)
Escaped from the facility or program in which the youth is being held
on more than one occasion;

(iii)
Established a pattern of disruptive behavior as verified by a written
record that the youth's behavior is not conducive to the established
policies and procedures of the facility or program in which the youth
is being held.

(c)
If a prosecutor submits a motion requesting that a person be held in
a place other than those specified in division (B) of this section or
if the court submits its own motion, the juvenile court shall hold a
hearing within five days of the filing of the motion, and, in
determining whether a place other than those specified in division
(B) of this section is the appropriate place of confinement for the
person, the court shall consider the following factors:

(i)
The age of the person;

(ii)
Whether the person would be deprived of contact with other people for
a significant portion of the day or would not have access to
recreational facilities or age-appropriate educational opportunities
in order to provide physical separation from adults;

(iii)
The person's current emotional state, intelligence, and developmental
maturity, including any emotional and psychological trauma, and the
risk to the person in an adult facility, which may be evidenced by
mental health or psychological assessments or screenings made
available to the prosecuting attorney and the defense counsel;

(iv)
Whether detention in a juvenile facility would adequately serve the
need for community protection pending the outcome of the criminal
proceeding;

(v)
The relative ability of the available adult and juvenile detention
facilities to meet the needs of the person, including the person's
need for age-appropriate mental health and educational services
delivered by individuals specifically trained to deal with youth;

(vi)
Whether the person presents an imminent risk of self-inflicted harm
or an imminent risk of harm to others within a juvenile facility;

(vii)
Any other factors the juvenile court considers to be relevant.

(d)
If the juvenile court determines that a place other than those
specified in division (B) of this section is the appropriate place
for confinement of a person pursuant to division (F)(4)(a) of this
section, the person may petition the juvenile court for a review
hearing thirty days after the initial confinement decision, thirty
days after any subsequent review hearing, or at any time after the
initial confinement decision upon an emergency petition by the youth
due to the youth facing an imminent danger from others or the youth's
self. Upon receipt of the petition, the juvenile court has discretion
over whether to conduct the review hearing and may set the matter for
a review hearing if the youth has alleged facts or circumstances
that, if true, would warrant reconsideration of the youth's placement
in a place other than those specified in division (B) of this section
based on the factors listed in division (F)(4)(c) of this section.

(e)
Upon the admission of a person described in division (F)(4)(a) of
this section to a place other than those specified in division (B) of
this section, the facility shall advise the person of the person's
right to request a review hearing as described in division (F)(4)(d)
of this section.

(f)
Any person transferred under division (F)(4)(a) of this section to a
place other than those specified in division (B) of this section
shall be confined in a manner that keeps those under eighteen years
of age beyond sight and sound of all adult detainees. Those under
eighteen years of age shall be supervised at all times during the
detention.

(G)(1)
If a person who is alleged to be or has been adjudicated a delinquent
child or who is in any other category of persons identified in this
section or section 2151.311 of the Revised Code is confined under
authority of any Revised Code section in a place other than a place
specified in division (B) of this section, including a county,
multicounty, or municipal jail or workhouse, or other place where an
adult under arrest or charged with crime is held, subject to division
(G)(2) of this section, all identifying information, other than the
person's county of residence, age, gender, and race and the charges
against the person, that relates to the person's admission to and
confinement in that place is not a public record open for inspection
or copying under section 149.43 of the Revised Code and is
confidential and shall not be released to any person other than to a
court, to a law enforcement agency for law enforcement purposes, or
to a person specified by court order.

(2)
Division (G)(1) of this section does not apply with respect to a
person whose case is transferred for criminal prosecution pursuant to
section 2152.10 or 2152.12 of the Revised Code, who is convicted of
or pleads guilty to an offense in that case, who is confined after
that conviction or guilty plea in a place other than a place
specified in division (B) of this section, and to whom one of the
following applies:

(a)
The case was transferred other than pursuant to division (A)(1)(a)(i)
or (A)(1)(b)(ii) of section 2152.12 of the Revised Code.

(b)
The case was transferred pursuant to division (A)(1)(a)(i) or
(A)(1)(b)(ii) of section 2152.12 of the Revised Code, and the person
is sentenced for the offense pursuant to division (B)(4) of section
2152.121 of the Revised Code.

(c)
The case was transferred pursuant to division (A)(1)(a)(i) or
(A)(1)(b)(ii) of section 2152.12 of the Revised Code, the person is
sentenced for the offense pursuant to division (B)(3) of section
2152.121 of the Revised Code by the court in which the person was
convicted of or pleaded guilty to the offense, and the sentence
imposed by that court is invoked pursuant to division (B)(3)(b) of
section 2152.121 of the Revised Code.

Sec.
2303.12.
(A)
As used in this section:

(1)
"Case file" means the compendium of original documents
filed in a civil

or
criminal

action or proceeding in the court of common pleas, including the
pleadings, motions, orders, and judgments of the court on a case by
case basis.

(2)
"General docket" means the appearance docket, trial docket,
journal, execution docket, and case files in relation to those
dockets and journal.

(B)
The clerk of the court of common pleas shall keep records as
indicated by the Rules of Superintendence for the Courts of Ohio.
They shall be called the appearance docket, trial docket and printed
duplicates of the trial docket for the use of the court and the
officers thereof, journal, and execution docket. The clerk shall also
keep a record in book form or the clerk may prepare a record by using
any photostatic, photographic, miniature photographic, film,
microfilm, or microphotographic process, electrostatic process,
perforated tape, magnetic tape, or other electromagnetic means,
electronic data processing, machine readable media, graphic or video
display, or any combination thereof, which correctly and accurately
copies or reproduces every case file and other original document,
paper, or instrument in writing. The clerk shall keep an index to the
trial docket and to the printed duplicates of the trial docket and of
the journal direct, and to the appearance docket, record, and
execution docket, direct and reverse. All clerks keeping records and
information by the methods described in this section shall keep and
make readily available to the public the machine and equipment
necessary to reproduce the records and information in a readable
form.

(C)
The clerk of the court of common pleas shall keep confidential
information that is subject to a real property confidentiality notice
under section 111.431 of the Revised Code, in accordance with that
section.

(D)(1)
Subject to division (D)(2) of this section,
not

the
clerk of court shall do both of the following:

(a)
Not
later
than eighteen months after

the
effective date of this amendment

April
6, 2023
,
the clerk of court shall make available online on the clerk of
court's web site the general docket of the court for remote access
and printing by the public of the information in that docket,
including all individual documents in each case file, pertaining to
civil cases filed on or after

the
effective date of this amendment

April
6, 2023
.

(b)
Not later than eighteen months after the effective date of this
amendment, the clerk of court shall make available online on the
clerk of court's web site the general docket of the court for remote
access and printing by the public of the information in that docket,
including all individual documents in each case file, pertaining to
criminal cases filed on or after the effective date of this
amendment.

(2)
The clerk of court is not required to make available online under
division (D)(1) of this section either of the following:

(a)
The general docket of the division of domestic relations
,

or

the
juvenile court
,
or the probate court
;

(b)
If the court does not have a division of domestic relations, the
general docket in civil cases pertaining to domestic relations.

(E)
Nothing in division (D) of this section shall be construed as making
available online any of the following:

(1)
Internal documents such as notes, emails, drafts, recommendations,
advice, or research of judicial officers and court staff;

(2)
Any document or any information in a case file the public access to
which the court has ordered restricted under the Rules of
Superintendence for the Courts of Ohio.

Sec.
2303.201.
(A)(1)
The court of common pleas of any county may determine that for the
efficient operation of the court additional funds are required to
computerize the court, to make available computerized legal research
services, or to do both. Upon making a determination that additional
funds are required for either or both of those purposes, the court
shall
authorize

do
one of the following:

(a)
If the court of common pleas of a county has complied with the
requirements in division (D)(1) of section 2303.12 of the Revised
Code, authorize
and
direct the clerk of the court of common pleas to charge one
additional fee, not to exceed six dollars, on the filing of each
cause of action or appeal under divisions (A), (Q), and (U) of
section 2303.20 of the Revised Code
;

(b)
If the court of common pleas of a county has not complied with the
requirements in division (D)(1) of section 2303.12 of the Revised
Code, authorize and direct the clerk of the court of common pleas to
charge one additional fee, not to exceed three dollars, on the filing
of each cause of action or appeal under divisions (A), (Q), and (U)
of section 2303.20 of the Revised Code
.

(2)
All fees collected under division (A)(1) of this section shall be
paid to the county treasurer. The treasurer shall place the funds
from the fees in a separate fund to be disbursed either upon an order
of the court, subject to an appropriation by the board of county
commissioners, or upon an order of the court, subject to the court
making an annual report available to the public listing the use of
all such funds, in an amount not greater than the actual cost to the
court of procuring and maintaining computerization of the court,
computerized legal research services, or both.

(3)
If the court determines that the funds in the fund described in
division (A)(2) of this section are more than sufficient to satisfy
the purpose for which the additional fee described in division (A)(1)
of this section was imposed, the court may declare a surplus in the
fund and, subject to an appropriation by the board of county
commissioners, expend those surplus funds, or upon an order of the
court, subject to the court making an annual report available to the
public listing the use of all such funds, expend those surplus funds,
for other appropriate technological expenses of the court.

(B)(1)(a)
Except as provided in division (B)(1)(b) of this section, the clerk
of the court of common pleas of any county may determine that, for
the efficient operation of the office of the clerk of the court of
common pleas, additional funds are required to make technological
advances in or to computerize the office of the clerk of the court of
common pleas

and,
upon
.
Upon making
that
determination,
authorize

the
court shall do one of the following:

(i)
If the court of common pleas of a county has complied with the
requirements in division (D)(1) of section 2303.12 of the Revised
Code, authorize
and
direct that an additional fee, not to exceed twenty dollars, on the
filing of each cause of action or appeal, on the filing, docketing,
and endorsing of each certificate of judgment, or on the docketing
and indexing of each aid in execution or petition to vacate, revive,
or modify a judgment under divisions (A), (P), (Q), (T), and (U) of
section 2303.20 of the Revised Code and not to exceed one dollar each
for the services described in divisions (B), (C), (D), (F), (H), and
(L) of section 2303.20 of the Revised Code, be charged
;

(ii)
If the court of common pleas of a county has not complied with the
requirements in division (D)(1) of section 2303.12 of the Revised
Code, authorize and direct that an additional fee, not to exceed ten
dollars, on the filing of each cause of action or appeal, on the
filing, docketing, and endorsing of each certificate of judgment, or
on the docketing and indexing of each aid in execution or petition to
vacate, revive, or modify a judgment under divisions (A), (P), (Q),
(T), and (U) of section 2303.20 of the Revised Code and not to exceed
fifty cents each for the services described in divisions (B), (C),
(D), (F), (H), and (L) of section 2303.20 of the Revised Code, be
charged
.

(b)
In a county in which the clerk of the court of common pleas is
appointed, the court may make the determination described in division
(B)(1)(a) of this section and, upon that determination, may include
such a computerization fee in the schedule of fees and costs.

(2)
Subject to division (B)(3) of this section, all moneys collected
under division (B)(1)(a) of this section shall be paid to the county
treasurer to be disbursed, subject to an appropriation made by the
board of county commissioners, in an amount no greater than the
actual cost to the court of procuring and maintaining technology and
computer systems for the office of the clerk of the court of common
pleas.

(3)
If the court or the clerk of the court of common pleas of a county
makes the determination described in division (B)(1)(a) of this
section, the board of county commissioners of that county may issue
one or more general obligation bonds for the purpose of procuring and
maintaining the technology and computer systems for the office of the
clerk of the court of common pleas. In addition to the purposes
stated in division (B)(1)(a) of this section for which the moneys
collected under that division may be expended, the moneys
additionally may be expended to pay debt charges on and financing
costs related to any general obligation bonds issued pursuant to
division (B)(3) of this section as they become due. General
obligation bonds issued pursuant to division (B)(3) of this section
are Chapter 133. securities.

(C)
The court of common pleas shall collect the sum of twenty-six dollars
as additional filing fees in each new civil action or proceeding for
the charitable public purpose of providing financial assistance to
legal aid societies that operate within the state and to support the
office of the state public defender. This division does not apply to
a juvenile division of a court of common pleas, except that an
additional filing fee of fifteen dollars shall apply to custody,
visitation, and parentage actions; to a probate division of a court
of common pleas, except that the additional filing fees shall apply
to name change, guardianship, adoption, and decedents' estate
proceedings; or to an execution on a judgment, proceeding in aid of
execution, or other post-judgment proceeding arising out of a civil
action. The filing fees required to be collected under this division
shall be in addition to any other filing fees imposed in the action
or proceeding and shall be collected at the time of the filing of the
action or proceeding. The court shall not waive the payment of the
additional filing fees in a new civil action or proceeding unless the
court waives the advanced payment of all filing fees in the action or
proceeding. All such moneys collected during a month except for an
amount equal to up to one per cent of those moneys retained to cover
administrative costs shall be transmitted on or before the twentieth
day of the following month by the clerk of the court to the treasurer
of state in a manner prescribed by the treasurer of state or by the
Ohio access to justice foundation. The treasurer of state shall
deposit four per cent of the funds collected under this division to
the credit of the civil case filing fee fund established under
section 120.07 of the Revised Code and ninety-six per cent of the
funds collected under this division to the credit of the legal aid
fund established under section 120.52 of the Revised Code.

The
court may retain up to one per cent of the moneys it collects under
this division to cover administrative costs, including the hiring of
any additional personnel necessary to implement this division. If the
court fails to transmit to the treasurer of state the moneys the
court collects under this division in a manner prescribed by the
treasurer of state or by the Ohio access to justice foundation, the
court shall forfeit the moneys the court retains under this division
to cover administrative costs, including the hiring of any additional
personnel necessary to implement this division, and shall transmit to
the treasurer of state all moneys collected under this division,
including the forfeited amount retained for administrative costs, for
deposit in the legal aid fund.

(D)
On and after the thirtieth day after December 9, 1994, the court of
common pleas shall collect the sum of thirty-two dollars as
additional filing fees in each new action or proceeding for
annulment, divorce, or dissolution of marriage for the purpose of
funding shelters for victims of domestic violence pursuant to
sections 3113.35 to 3113.39 of the Revised Code. The filing fees
required to be collected under this division shall be in addition to
any other filing fees imposed in the action or proceeding and shall
be collected at the time of the filing of the action or proceeding.
The court shall not waive the payment of the additional filing fees
in a new action or proceeding for annulment, divorce, or dissolution
of marriage unless the court waives the advanced payment of all
filing fees in the action or proceeding. On or before the twentieth
day of each month, all moneys collected during the immediately
preceding month pursuant to this division shall be deposited by the
clerk of the court into the county treasury in the special fund used
for deposit of additional marriage license fees as described in
section 3113.34 of the Revised Code. Upon their deposit into the
fund, the moneys shall be retained in the fund and expended only as
described in section 3113.34 of the Revised Code.

(E)(1)
The court of common pleas may determine that, for the efficient
operation of the court, additional funds are necessary to acquire and
pay for special projects of the court, including, but not limited to,
the acquisition of additional facilities or the rehabilitation of
existing facilities, the acquisition of equipment, the hiring and
training of staff, community service programs, mediation or dispute
resolution services, the employment of magistrates, the training and
education of judges, acting judges, and magistrates, and other
related services. Upon that determination, the court by rule may
charge a fee, in addition to all other court costs, on the filing of
each criminal cause, civil action or proceeding, or judgment by
confession.
Fees
collected by a court for special projects of the court under this
division shall not be used for training or education that takes place
outside of the state.

If
the court of common pleas offers or requires a special program or
additional services in cases of a specific type, the court by rule
may assess an additional charge in a case of that type, over and
above court costs, to cover the special program or service. The court
shall adjust the special assessment periodically, but not
retroactively, so that the amount assessed in those cases does not
exceed the actual cost of providing the service or program.

All
moneys collected under division (E) of this section shall be paid to
the county treasurer for deposit into either a general special
projects fund or a fund established for a specific special project.
Moneys from a fund of that nature shall be disbursed upon an order of
the court, subject to an appropriation by the board of county
commissioners, in an amount no greater than the actual cost to the
court of a project. If a specific fund is terminated because of the
discontinuance of a program or service established under division (E)
of this section, the court may order, subject to an appropriation by
the board of county commissioners, that moneys remaining in the fund
be transferred to an account established under this division for a
similar purpose.

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

(a)
"Criminal cause" means a charge alleging the violation of a
statute or ordinance, or subsection of a statute or ordinance, that
requires a separate finding of fact or a separate plea before
disposition and of which the defendant may be found guilty, whether
filed as part of a multiple charge on a single summons, citation, or
complaint or as a separate charge on a single summons, citation, or
complaint. "Criminal cause" does not include separate
violations of the same statute or ordinance, or subsection of the
same statute or ordinance, unless each charge is filed on a separate
summons, citation, or complaint.

(b)
"Civil action or proceeding" means any civil litigation
that must be determined by judgment entry.

Sec.
2303.26.
The
clerk of the court of common pleas shall exercise the powers
conferred and perform the duties enjoined upon the clerk by statute
and by the common law; and in the performance of official duties the
clerk shall be under the direction of the court. The clerk shall not
restrict, prohibit, or otherwise modify the rights of parties to seek
service on party defendants allowed by the Rules of Civil Procedure,
either singularly or concurrently.

In
furtherance of the performance of the duties enjoined upon the clerk
by statute, common law, and the Rules of Superintendence for the
Courts of Ohio, the clerk of the court of common pleas shall be
responsible for determining the best means and methods for storing,
maintaining, and retrieving all papers delivered to the clerk,
whether delivered in writing or in electronic form, in compliance
with Rule 26 of the Rules of Superintendence for the Courts of Ohio.
Once determined by the clerk of court of common pleas, the clerk
shall be responsible for implementing the means and methods for
storage, maintenance, and retrieval.

Sec.
2307.66.
(A)
A victim of a violation of section 2917.211 of the Revised Code has
and may commence a civil cause of action against the offender for any
of the following, in addition to reasonable attorney's fees and the
costs of bringing the
civil

action:

(1)
An injunction or a temporary restraining order prohibiting further
dissemination of the image that is the subject of the violation;

(2)
Compensatory and punitive damages for harm resulting from the
violation.

(B)
The victim shall be presumed to have suffered harm as a result of the
nonconsensual dissemination of private sexual images

or
the nonconsensual dissemination of fabricated sexual images
.

(C)

A
civil action brought under division (A) of this section shall be
brought within four years after the victim discovers the private
sexual image or fabricated sexual image.

(D)

The
cause of action created by this section is in addition to any other
cause of action available under statutory or common law.

(D)

(E)

As
used in this section, "victim" has the same meaning as in
section 2930.01 of the Revised Code.

(F)
"Fabricated sexual image" means a created, adapted, or
modified image that depicts another person, the other person is
recognizable in the image by the other person's face, likeness, or
other distinguishing characteristic, and the other person depicted in
the image is in a state of nudity or is engaged in a sexual act.

Sec.
2329.66.
(A)
Every person who is domiciled in this state may hold property exempt
from execution, garnishment, attachment, or sale to satisfy a
judgment or order, as follows:

(1)(a)
In the case of a judgment or order regarding money owed for health
care services rendered or health care supplies provided to the person
or a dependent of the person, one parcel or item of real or personal
property that the person or a dependent of the person uses as a
residence. Division (A)(1)(a) of this section does not preclude,
affect, or invalidate the creation under this chapter of a judgment
lien upon the exempted property but only delays the enforcement of
the lien until the property is sold or otherwise transferred by the
owner or in accordance with other applicable laws to a person or
entity other than the surviving spouse or surviving minor children of
the judgment debtor. Every person who is domiciled in this state may
hold exempt from a judgment lien created pursuant to division
(A)(1)(a) of this section the person's interest, not to exceed one
hundred twenty-five thousand dollars, in the exempted property.

(b)
In the case of all other judgments and orders, the person's interest,
not to exceed one hundred twenty-five thousand dollars, in one parcel
or item of real or personal property that the person or a dependent
of the person uses as a residence.

(c)
For purposes of divisions (A)(1)(a) and (b) of this section, "parcel"
means a tract of real property as identified on the records of the
auditor of the county in which the real property is located.

(2)
The person's interest, not to exceed three thousand two hundred
twenty-five dollars, in one motor vehicle;

(3)
The person's interest, not to exceed four hundred dollars, in cash on
hand, money due and payable, money to become due within ninety days,
tax refunds, and money on deposit with a bank, savings and loan
association, credit union, public utility, landlord, or other person,
other than personal earnings.

(4)(a)
The person's interest, not to exceed five hundred twenty-five dollars
in any particular item or ten thousand seven hundred seventy-five
dollars in aggregate value, in household furnishings, household
goods, wearing apparel, appliances, books, animals, crops, musical
instruments, firearms, and hunting and fishing equipment that are
held primarily for the personal, family, or household use of the
person;

(b)
The person's aggregate interest in one or more items of jewelry, not
to exceed one thousand three hundred fifty dollars, held primarily
for the personal, family, or household use of the person or any of
the person's dependents.

(5)
The person's interest, not to exceed an aggregate of two thousand
twenty-five dollars, in all implements, professional books, or tools
of the person's profession, trade, or business, including
agriculture;

(6)(a)
The person's interest in a beneficiary fund set apart, appropriated,
or paid by a benevolent association or society, as exempted by
section 2329.63 of the Revised Code;

(b)
The person's interest in contracts of life or endowment insurance or
annuities, as exempted by section 3911.10 of the Revised Code;

(c)
The person's interest in a policy of group insurance or the proceeds
of a policy of group insurance, as exempted by section 3917.05 of the
Revised Code;

(d)
The person's interest in money, benefits, charity, relief, or aid to
be paid, provided, or rendered by a fraternal benefit society, as
exempted by section 3921.18 of the Revised Code;

(e)
The person's interest in the portion of benefits under policies of
sickness and accident insurance and in lump sum payments for
dismemberment and other losses insured under those policies, as
exempted by section 3923.19 of the Revised Code.

(7)
The person's professionally prescribed or medically necessary health
aids;

(8)
The person's interest in a burial lot, including, but not limited to,
exemptions under section 517.09 or 1721.07 of the Revised Code;

(9)
The person's interest in the following:

(a)
Moneys paid or payable for maintenance or rights, as exempted by
section 3304.19 of the Revised Code;

(b)
Workers' compensation, as exempted by section 4123.67 of the Revised
Code;

(c)
Unemployment compensation benefits, as exempted by section 4141.32 of
the Revised Code;

(d)
Cash assistance payments under the Ohio works first program, as
exempted by section 5107.75 of the Revised Code;

(e)
Benefits and services under the prevention, retention, and
contingency program, as exempted by section 5108.08 of the Revised
Code;

(f)
Payments under section 24 or 32 of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C. 1, as amended.

(10)(a)
Except in cases in which the person was convicted of or pleaded
guilty to a violation of section 2921.41 of the Revised Code and in
which an order for the withholding of restitution from payments was
issued under division (C)(2)(b) of that section, in cases in which an
order for withholding was issued under section 2907.15 of the Revised
Code, in cases in which an order for forfeiture was issued under
division (A) or (B) of section 2929.192 of the Revised Code, and in
cases in which an order was issued under section 2929.193 or 2929.194
of the Revised Code, and only to the extent provided in the order,
and except as provided in sections 3105.171, 3105.63, 3119.80,
3119.81, 3121.02, 3121.03, and 3123.06 of the Revised Code, the
person's rights to or interests in a pension, benefit, annuity,
retirement allowance, or accumulated contributions, the person's
rights to or interests in a participant account in any deferred
compensation program offered by the
Ohio

public
employees
deferred
compensation
retirement

board,
a government unit, or a municipal corporation, or the person's other
accrued or accruing rights or interests, as exempted by section
143.11, 145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22
of the Revised Code, and the person's rights to or interests in
benefits from the Ohio public safety officers death benefit fund;

(b)
Except as provided in sections 3119.80, 3119.81, 3121.02, 3121.03,
and 3123.06 of the Revised Code, the person's rights to receive or
interests in receiving a payment or other benefits under any pension,
annuity, or similar plan or contract, not including a payment or
benefit from a stock bonus or profit-sharing plan or a payment
included in division (A)(6)(b) or (10)(a) of this section, on account
of illness, disability, death, age, or length of service, to the
extent reasonably necessary for the support of the person and any of
the person's dependents, except if all the following apply:

(i)
The plan or contract was established by or under the auspices of an
insider that employed the person at the time the person's rights or
interests under the plan or contract arose.

(ii)
The payment is on account of age or length of service.

(iii)
The plan or contract is not qualified under the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended.

(c)
Except for any portion of the assets that were deposited for the
purpose of evading the payment of any debt and except as provided in
sections 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the
Revised Code, the person's rights or interests in the assets held in,
or to directly or indirectly receive any payment or benefit under,
any individual retirement account, individual retirement annuity,
"Roth IRA," account opened pursuant to a program
administered by a state under section 529 or 529A of the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,
or education individual retirement account that provides payments or
benefits by reason of illness, disability, death, retirement, or age
or provides payments or benefits for purposes of education or
qualified disability expenses, to the extent that the assets,
payments, or benefits described in division (A)(10)(c) of this
section are attributable to or derived from any of the following or
from any earnings, dividends, interest, appreciation, or gains on any
of the following:

(i)
Contributions of the person that were less than or equal to the
applicable limits on deductible contributions to an individual
retirement account or individual retirement annuity in the year that
the contributions were made, whether or not the person was eligible
to deduct the contributions on the person's federal tax return for
the year in which the contributions were made;

(ii)
Contributions of the person that were less than or equal to the
applicable limits on contributions to a Roth IRA or education
individual retirement account in the year that the contributions were
made;

(iii)
Contributions of the person that are within the applicable limits on
rollover contributions under subsections 219, 402(c), 403(a)(4),
403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B), 408A(d)(3), and
530(d)(5) of the "Internal Revenue Code of 1986," 100 Stat.
2085, 26 U.S.C.A. 1, as amended;

(iv)
Contributions by any person into any plan, fund, or account that is
formed, created, or administered pursuant to, or is otherwise subject
to, section 529 or 529A of the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C. 1, as amended.

(d)
Except for any portion of the assets that were deposited for the
purpose of evading the payment of any debt and except as provided in
sections 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the
Revised Code, the person's rights or interests in the assets held in,
or to receive any payment under, any Keogh or "H.R. 10"
plan that provides benefits by reason of illness, disability, death,
retirement, or age, to the extent reasonably necessary for the
support of the person and any of the person's dependents.

(e)
The person's rights to or interests in any assets held in, or to
directly or indirectly receive any payment or benefit under, any
individual retirement account, individual retirement annuity, "Roth
IRA," account opened pursuant to a program administered by a
state under section 529 or 529A of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C. 1, as amended, or education
individual retirement account that a decedent, upon or by reason of
the decedent's death, directly or indirectly left to or for the
benefit of the person, either outright or in trust or otherwise,
including, but not limited to, any of those rights or interests in
assets or to receive payments or benefits that were transferred,
conveyed, or otherwise transmitted by the decedent by means of a
will, trust, exercise of a power of appointment, beneficiary
designation, transfer or payment on death designation, or any other
method or procedure.

(f)
The exemptions under divisions (A)(10)(a) to (e) of this section also
shall apply or otherwise be available to an alternate payee under a
qualified domestic relations order (QDRO) or other similar court
order.

(g)
A person's interest in any plan, program, instrument, or device
described in divisions (A)(10)(a) to (e) of this section shall be
considered an exempt interest even if the plan, program, instrument,
or device in question, due to an error made in good faith, failed to
satisfy any criteria applicable to that plan, program, instrument, or
device under the "Internal Revenue Code of 1986," 100 Stat.
2085, 26 U.S.C. 1, as amended.

(11)
The person's right to receive spousal support, child support, an
allowance, or other maintenance to the extent reasonably necessary
for the support of the person and any of the person's dependents;

(12)
The person's right to receive, or moneys received during the
preceding twelve calendar months from, any of the following:

(a)
An award of reparations under sections 2743.51 to 2743.72 of the
Revised Code, to the extent exempted by division (D) of section
2743.66 of the Revised Code;

(b)
A payment on account of the wrongful death of an individual of whom
the person was a dependent on the date of the individual's death, to
the extent reasonably necessary for the support of the person and any
of the person's dependents;

(c)
Except in cases in which the person who receives the payment is an
inmate, as defined in section 2969.21 of the Revised Code, and in
which the payment resulted from a civil action or appeal against a
government entity or employee, as defined in section 2969.21 of the
Revised Code, a payment, not to exceed twenty thousand two hundred
dollars, on account of personal bodily injury, not including pain and
suffering or compensation for actual pecuniary loss, of the person or
an individual for whom the person is a dependent;

(d)
A payment in compensation for loss of future earnings of the person
or an individual of whom the person is or was a dependent, to the
extent reasonably necessary for the support of the debtor and any of
the debtor's dependents.

(13)
Except as provided in sections 3119.80, 3119.81, 3121.02, 3121.03,
and 3123.06 of the Revised Code, personal earnings of the person owed
to the person for services in an amount equal to the greater of the
following amounts:

(a)
If paid weekly, thirty times the current federal minimum hourly wage;
if paid biweekly, sixty times the current federal minimum hourly
wage; if paid semimonthly, sixty-five times the current federal
minimum hourly wage; or if paid monthly, one hundred thirty times the
current federal minimum hourly wage that is in effect at the time the
earnings are payable, as prescribed by the "Fair Labor Standards
Act of 1938," 52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended;

(b)
Seventy-five per cent of the disposable earnings owed to the person.

(14)
The person's right in specific partnership property, as exempted by
the person's rights in a partnership pursuant to section 1776.50 of
the Revised Code, except as otherwise set forth in section 1776.50 of
the Revised Code;

(15)
A seal and official register of a notary public, as exempted by
section 147.04 of the Revised Code;

(16)
The person's interest in a tuition unit or a payment under section
3334.09 of the Revised Code pursuant to a tuition payment contract,
as exempted by section 3334.15 of the Revised Code;

(17)
Any other property that is specifically exempted from execution,
attachment, garnishment, or sale by federal statutes other than the
"Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 U.S.C.A.
101, as amended;

(18)
The person's aggregate interest in any property, not to exceed one
thousand seventy-five dollars, except that division (A)(18) of this
section applies only in bankruptcy proceedings.

(B)
On April 1, 2010, and on the first day of April in each third
calendar year after 2010, the Ohio judicial conference shall adjust
each dollar amount set forth in this section to reflect any increase
in the consumer price index for all urban consumers, as published by
the United States department of labor, or, if that index is no longer
published, a generally available comparable index, for the three-year
period ending on the thirty-first day of December of the preceding
year. Any adjustments required by this division shall be rounded to
the nearest twenty-five dollars.

The
Ohio judicial conference shall prepare a memorandum specifying the
adjusted dollar amounts. The judicial conference shall transmit the
memorandum to the director of the legislative service commission, and
the director shall publish the memorandum in the register of Ohio.
(Publication of the memorandum in the register of Ohio shall continue
until the next memorandum specifying an adjustment is so published.)
The judicial conference also may publish the memorandum in any other
manner it concludes will be reasonably likely to inform persons who
are affected by its adjustment of the dollar amounts.

(C)
As used in this section:

(1)
"Disposable earnings" means net earnings after the
garnishee has made deductions required by law, excluding the
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,
3121.03, or 3123.06 of the Revised Code.

(2)
"Insider" means:

(a)
If the person who claims an exemption is an individual, a relative of
the individual, a relative of a general partner of the individual, a
partnership in which the individual is a general partner, a general
partner of the individual, or a corporation of which the individual
is a director, officer, or in control;

(b)
If the person who claims an exemption is a corporation, a director or
officer of the corporation; a person in control of the corporation; a
partnership in which the corporation is a general partner; a general
partner of the corporation; or a relative of a general partner,
director, officer, or person in control of the corporation;

(c)
If the person who claims an exemption is a partnership, a general
partner in the partnership; a general partner of the partnership; a
person in control of the partnership; a partnership in which the
partnership is a general partner; or a relative in, a general partner
of, or a person in control of the partnership;

(d)
An entity or person to which or whom any of the following applies:

(i)
The entity directly or indirectly owns, controls, or holds with power
to vote, twenty per cent or more of the outstanding voting securities
of the person who claims an exemption, unless the entity holds the
securities in a fiduciary or agency capacity without sole
discretionary power to vote the securities or holds the securities
solely to secure to debt and the entity has not in fact exercised the
power to vote.

(ii)
The entity is a corporation, twenty per cent or more of whose
outstanding voting securities are directly or indirectly owned,
controlled, or held with power to vote, by the person who claims an
exemption or by an entity to which division (C)(2)(d)(i) of this
section applies.

(iii)
A person whose business is operated under a lease or operating
agreement by the person who claims an exemption, or a person
substantially all of whose business is operated under an operating
agreement with the person who claims an exemption.

(iv)
The entity operates the business or all or substantially all of the
property of the person who claims an exemption under a lease or
operating agreement.

(e)
An insider, as otherwise defined in this section, of a person or
entity to which division (C)(2)(d)(i), (ii), (iii), or (iv) of this
section applies, as if the person or entity were a person who claims
an exemption;

(f)
A managing agent of the person who claims an exemption.

(3)
"Participant account" has the same meaning as in section
148.01 of the Revised Code.

(4)
"Government unit" has the same meaning as in section 148.06
of the Revised Code.

(D)
For purposes of this section, "interest" shall be
determined as follows:

(1)
In bankruptcy proceedings, as of the date a petition is filed with
the bankruptcy court commencing a case under Title 11 of the United
States Code;

(2)
In all cases other than bankruptcy proceedings, as of the date of an
appraisal, if necessary under section 2329.68 of the Revised Code, or
the issuance of a writ of execution.

An
interest, as determined under division (D)(1) or (2) of this section,
shall not include the amount of any lien otherwise valid pursuant to
section 2329.661 of the Revised Code.

Sec.
2501.16.
(A)
Each court of appeals may appoint one or more official reporters, law
clerks, secretaries, and any other employees that the court considers
necessary for its efficient operation.

The
clerk of the court of common pleas, acting as the clerk of the court
of appeals for the county, shall perform the duties otherwise
performed and collect the fees otherwise collected by the clerk of
the court of common pleas, as set forth in section 2303.03 of the
Revised Code, and shall maintain the files and records of the court.
The clerk of the court of common pleas, acting as the clerk of the
court of appeals for the county, may refuse to accept for filing any
pleading or paper submitted for filing by a person who has been found
to be a vexatious litigator under section 2323.52 of the Revised Code
and who has failed to obtain leave from the court of appeals to
proceed under that section. The overhead expenses pertaining to the
office of the clerk of the court of common pleas that result from the
clerk's acting as clerk of the court of appeals for the county, other
than wages and salaries, shall be paid from the funds provided under
sections 2501.18 and 2501.181 of the Revised Code.

Each
officer and employee appointed pursuant to this section shall take an
oath of office, serve at the pleasure of the court, and perform any
duties that the court directs. Each reporter shall have the powers
that are vested in official reporters of the court of common pleas
under sections 2301.18 to 2301.26 of the Revised Code. Whenever an
opinion, per curiam, or report of a case has been prepared in
accordance with section 2503.20 of the Revised Code, the official
reporter immediately shall forward one copy of the opinion, per
curiam, or report to the reporter of the supreme court, without
expense to the reporter.

(B)
The court of appeals may determine that, for the efficient operation
of the court, additional funds are necessary to acquire and pay for
special projects of the court, including, but not limited to, the
acquisition of additional facilities or the rehabilitation of
existing facilities, the acquisition of equipment, the hiring and
training of staff, the employment of magistrates, the training and
education of judges, acting judges, and magistrates, community
service programs, and other related services. Upon that
determination, the court by rule may charge a fee, in addition to all
other court costs, on the filing of each case or cause over which the
court has jurisdiction.

Fees
collected by a court for special projects of the court under this
division shall not be used for training or education that takes place
outside of the state.

If
the court of appeals offers a special program or service in cases of
a specific type, the court by rule may assess an additional charge in
a case of that type, over and above court costs, to cover the special
program or service. The court shall adjust the special assessment
periodically, but not retroactively, so that the amount assessed in
those cases does not exceed the actual cost of providing the service
or program.

All
moneys collected under division (B) of this section shall be paid to
the county treasurer of the county selected as the principal seat of
that court of appeals for deposit into either a general special
projects fund or a fund established for a specific special project.
Moneys from a fund of that nature shall be disbursed upon an order of
the court in an amount no greater than the actual cost to the court
of a project. If a specific fund is terminated because of the
discontinuance of a program or service established under division (B)
of this section, the court may order that moneys remaining in the
fund be transferred to an account established under this division for
a similar purpose.

Sec.
2743.03.
(A)(1)
There is hereby created a court of claims. Except as provided under
section 107.43 of the Revised Code, the court of claims is a court of
record and has exclusive, original jurisdiction of all civil actions
against the state permitted by the waiver of immunity contained in
section 2743.02 of the Revised Code and exclusive jurisdiction of the
causes of action of all parties in civil actions that are removed to
the court of claims. The court shall have full equity powers in all
actions within its jurisdiction and may entertain and determine all
counterclaims, cross-claims, and third-party claims.

(2)
If the claimant in a civil action as described in division (A)(1) of
this section also files a claim for a declaratory judgment,
injunctive relief, or other equitable relief against the state that
arises out of the same circumstances that gave rise to the civil
action described in division (A)(1) of this section, the court of
claims has exclusive, original jurisdiction to hear and determine
that claim in that civil action. This division does not affect, and
shall not be construed as affecting, the original jurisdiction of
another court of this state to hear and determine a civil action in
which the sole relief that the claimant seeks against the state is a
declaratory judgment, injunctive relief, or other equitable relief.

(3)
In addition to its exclusive, original jurisdiction as conferred by
divisions (A)(1) and (2) of this section, the court of claims has
exclusive, original jurisdiction as follows:

(a)
As described in division (F) of section 2743.02, division (B) of
section 3335.03, and division (C) of section 5903.02 of the Revised
Code;

(b)
Under section 2743.75 of the Revised Code to hear complaints alleging
a denial of access to public records in violation of division (B) of
section 149.43 of the Revised Code, regardless of whether the public
office or person responsible for public records is an office or
employee of the state or of a political subdivision
;

(c)
Under section 118.29 of the Revised Code to appoint a receiver
.

(B)
The court of claims shall sit in Franklin county, its hearings shall
be public, and it shall consist of incumbent justices or judges of
the supreme court, courts of appeals, or courts of common pleas, or
retired justices or judges eligible for active duty pursuant to
division (C) of Section 6 of Article IV, Ohio Constitution, sitting
by temporary assignment of the chief justice of the supreme court.
The chief justice may direct the court to sit in any county for cases
on removal upon a showing of substantial hardship and whenever
justice dictates.

(C)(1)
A civil action against the state shall be heard and determined by a
single judge. Upon application by the claimant or the state, the
chief justice of the supreme court may assign a panel of three judges
to hear and determine a civil action presenting novel or complex
issues of law or fact. Concurrence of two members of the panel is
necessary for any judgment or order.

(2)
Whenever the chief justice of the supreme court believes an equitable
resolution of a case will be expedited, the chief justice may appoint
magistrates in accordance with Civil Rule 53 to hear the case.

(3)
When any dispute under division (B) of section 153.12 of the Revised
Code is brought to the court of claims, upon request of either party
to the dispute, the chief justice of the supreme court shall appoint
a single referee or a panel of three referees. The referees need not
be attorneys, but shall be persons knowledgeable about construction
contract law, a member of the construction industry panel of the
American arbitration association, or an individual or individuals
deemed qualified by the chief justice to serve. No person shall serve
as a referee if that person has been employed by an affected state
agency or a contractor or subcontractor involved in the dispute at
any time in the preceding five years. Proceedings governing referees
shall be in accordance with Civil Rule 53, except as modified by this
division. The referee or panel of referees shall submit its report,
which shall include a recommendation and finding of fact, to the
judge assigned to the case by the chief justice, within thirty days
of the conclusion of the hearings. Referees appointed pursuant to
this division shall be compensated on a per diem basis at the same
rate as is paid to judges of the court and also shall be paid their
expenses. If a single referee is appointed or a panel of three
referees is appointed, then, with respect to one referee of the
panel, the compensation and expenses of the referee shall not be
taxed as part of the costs in the case but shall be included in the
budget of the court. If a panel of three referees is appointed, the
compensation and expenses of the two remaining referees shall be
taxed as costs of the case.

All
costs of a case shall be apportioned among the parties. The court may
not require that any party deposit with the court cash, bonds, or
other security in excess of two hundred dollars to guarantee payment
of costs without the prior approval in each case of the chief
justice.

(4)
An appeal from a decision of the attorney general pursuant to
sections 2743.51 to 2743.72 of the Revised Code shall be heard and
determined by the court of claims.

(D)
The Rules of Civil Procedure shall govern practice and procedure in
all actions in the court of claims, except insofar as inconsistent
with this chapter. The supreme court may promulgate rules governing
practice and procedure in actions in the court as provided in Section
5 of Article IV, Ohio Constitution.

(E)(1)
A party who files a counterclaim against the state or makes the state
a third-party defendant in an action commenced in any court, other
than the court of claims, shall file a petition for removal in the
court of claims. The petition shall state the basis for removal, be
accompanied by a copy of all process, pleadings, and other papers
served upon the petitioner, and shall be signed in accordance with
Civil Rule 11. A petition for removal based on a counterclaim shall
be filed within twenty-eight days after service of the counterclaim
of the petitioner. A petition for removal based on third-party
practice shall be filed within twenty-eight days after the filing of
the third-party complaint of the petitioner.

(2)
Within seven days after filing a petition for removal, the petitioner
shall give written notice to the parties, and shall file a copy of
the petition with the clerk of the court in which the action was
brought originally. The filing effects the removal of the action to
the court of claims, and the clerk of the court where the action was
brought shall forward all papers in the case to the court of claims.
The court of claims shall adjudicate all civil actions removed. The
court may remand a civil action to the court in which it originated
upon a finding that the removal petition does not justify removal, or
upon a finding that the state is no longer a party.

(3)
Bonds, undertakings, or security and injunctions, attachments,
sequestrations, or other orders issued prior to removal remain in
effect until dissolved or modified by the court of claims.

Sec.
2907.15.
(A)
As used in this section:

(1)
"Public retirement system" means the public employees
retirement system, state teachers retirement system, school employees
retirement system, Ohio police and fire pension fund, state highway
patrol retirement system, or a municipal retirement system of a
municipal corporation of this state.

(2)
"Government deferred compensation program" means such a
program offered by the
Ohio

public
employees
deferred
compensation
retirement

board;
a municipal corporation; or a
governmental

government

unit,
as defined in section 148.06 of the Revised Code.

(3)
"Deferred compensation program participant" means a
"participating employee" or "continuing member,"
as defined in section 148.01 of the Revised Code, or any other public
employee who has funds in a government deferred compensation program.

(4)
"Alternative retirement plan" means an alternative
retirement plan provided pursuant to Chapter 3305. of the Revised
Code.

(5)
"Prosecutor" has the same meaning as in section 2935.01 of
the Revised Code.

In
any case in which a sentencing court orders restitution to the victim
under section 2929.18 or 2929.28 of the Revised Code for a violation
of section 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code
and in which the offender is a government deferred compensation
program participant, is an electing employee, as defined in section
3305.01 of the Revised Code, or is a member of, or receiving a
pension, benefit, or allowance, other than a survivorship benefit,
from, a public retirement system and committed the offense against a
child, student, patient, or other person with whom the offender had
contact in the context of the offender's public employment, at the
request of the victim the prosecutor shall file a motion with the
sentencing court specifying the government deferred compensation
program, alternative retirement plan, or public retirement system and
requesting that the court issue an order requiring the government
deferred compensation program, alternative retirement plan, or public
retirement system to withhold the amount required as restitution from
one or more of the following: any payment to be made from a
government deferred compensation program, any payment or benefit
under an alternative retirement plan, or under a pension, annuity,
allowance, or any other benefit, other than a survivorship benefit,
that has been or is in the future granted to the offender; from any
payment of accumulated employee contributions standing to the
offender's credit with the government deferred compensation program,
alternative retirement plan, or public retirement system; or from any
payment of any other amounts to be paid to the offender pursuant to
Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised Code
on withdrawal of contributions. The motion may be filed at any time
subsequent to the conviction of the offender or entry of a guilty
plea. On the filing of the motion, the clerk of the court in which
the motion is filed shall notify the offender and the government
deferred compensation program, alternative retirement plan, or public
retirement system, in writing, of all of the following: that the
motion was filed; that the offender will be granted a hearing on the
issuance of the requested order if the offender files a written
request for a hearing with the clerk prior to the expiration of
thirty days after the offender receives the notice; that, if a
hearing is requested, the court will schedule a hearing as soon as
possible and notify the offender and the government deferred
compensation program, alternative retirement plan, or public
retirement system of the date, time, and place of the hearing; that,
if a hearing is conducted, it will be limited to a consideration of
whether the offender can show good cause why the order should not be
issued; that, if a hearing is conducted, the court will not issue the
order if the court determines, based on evidence presented at the
hearing by the offender, that there is good cause for the order not
to be issued; that the court will issue the order if a hearing is not
requested or if a hearing is conducted but the court does not
determine, based on evidence presented at the hearing by the
offender, that there is good cause for the order not to be issued;
and that, if the order is issued, the government deferred
compensation program, alternative retirement plan, or public
retirement system specified in the motion will be required to
withhold the amount required as restitution from payments to the
offender.

(B)
In any case in which a motion requesting the issuance of a
withholding order as described in division (A) of this section is
filed, the offender may receive a hearing on the motion by delivering
a written request for a hearing to the court prior to the expiration
of thirty days after the offender's receipt of the notice provided
pursuant to division (A) of this section. If the offender requests a
hearing within the prescribed time, the court shall schedule a
hearing as soon as possible after the request is made and notify the
offender and the government deferred compensation program,
alternative retirement plan, or public retirement system of the date,
time, and place of the hearing. A hearing scheduled under this
division shall be limited to a consideration of whether there is good
cause, based on evidence presented by the offender, for the requested
order not to be issued. If the court determines, based on evidence
presented by the offender, that there is good cause for the order not
to be issued, the court shall deny the motion and shall not issue the
order. Good cause for not issuing the order includes a determination
by the court that the order would severely impact the offender's
ability to support the offender's dependents.

If
the offender does not request a hearing within the prescribed time or
the court conducts a hearing but does not determine, based on
evidence presented by the offender, that there is good cause for the
order not to be issued, the court shall order the government deferred
compensation program, alternative retirement plan, or public
retirement system to withhold the amount required as restitution from
one or more of the following: any payments to be made from a
government deferred compensation program, any payment or benefit
under an alternative retirement plan, or under a pension, annuity,
allowance, or under any other benefit, other than a survivorship
benefit, that has been or is in the future granted to the offender;
from any payment of accumulated employee contributions standing to
the offender's credit with the government deferred compensation
program, alternative retirement plan, or public retirement system; or
from any payment of any other amounts to be paid to the offender upon
withdrawal of contributions pursuant to Chapter 145., 148., 742.,
3307., 3309., or 5505. of the Revised Code and to continue the
withholding for that purpose, in accordance with the order, out of
each payment to be made on or after the date of issuance of the
order, until further order of the court. On receipt of an order
issued under this division, the government deferred compensation
program, alternative retirement plan, or public retirement system
shall withhold the amount required as restitution, in accordance with
the order, from any such payments and immediately forward the amount
withheld to the clerk of the court in which the order was issued for
payment to the person to whom restitution is to be made. The order
shall not apply to any portion of payments made from a government
deferred compensation program, alternative retirement plan, or public
retirement system to a person other than the offender pursuant to a
previously issued domestic court order.

(C)
Service of a notice required by division (A) or (B) of this section
shall be effected in the same manner as provided in the Rules of
Civil Procedure for the service of process.

(D)
Upon the filing of charges under section 2907.02, 2907.03, 2907.04,
or 2907.05 of the Revised Code against a person who is a deferred
compensation program participant, an electing employee participating
in an alternative retirement plan, or a member of, or receiving a
pension benefit, or allowance, other than a survivorship benefit,
from a public retirement system for an offense against a child,
student, patient, or other person with whom the offender had contact
in the context of the offender's public employment, the prosecutor
shall send written notice that charges have been filed against that
person to the appropriate government deferred compensation program,
alternative retirement plan, or public retirement system. The notice
shall specifically identify the person charged.

Sec.
2913.401.
(A)
As used in this section:

(1)
"Medicaid services" has the same meaning as in section
5164.01 of the Revised Code.

(2)
"Property" means any real or personal property or other
asset in which a person has any legal title or interest.

(B)
No person shall knowingly do any of the following in an application
for enrollment in the medicaid program or in a document that requires
a disclosure of assets for the purpose of determining eligibility for
the medicaid program:

(1)
Make or cause to be made a false or misleading statement;

(2)
Conceal an interest in property;

(3)(a)
Except as provided in division (B)(3)(b) of this section, fail to
disclose a transfer of property that occurred during the period
beginning thirty-six months before submission of the application or
document and ending on the date the application or document was
submitted;

(b)
Fail to disclose a transfer of property that occurred during the
period beginning sixty months before submission of the application or
document and ending on the date the application or document was
submitted and that was made to an irrevocable trust a portion of
which is not distributable to the applicant for or recipient of
medicaid or to a revocable trust.

(C)(1)
Whoever violates this section is guilty of medicaid eligibility
fraud. Except as otherwise provided in this division, a violation of
this section is a misdemeanor of the first degree. If the value of
the medicaid services paid as a result of the violation is one
thousand dollars or more and is less than seven thousand five hundred
dollars, a violation of this section is a felony of the fifth degree.
If the value of the medicaid services paid as a result of the
violation is seven thousand five hundred dollars or more and is less
than one hundred fifty thousand dollars, a violation of this section
is a felony of the fourth degree. If the value of the medicaid
services paid as a result of the violation is one hundred fifty
thousand dollars or more, a violation of this section is a felony of
the third degree.

(2)
In addition to imposing a sentence under division (C)(1) of this
section, the court
shall

may

order
that a person who is guilty of medicaid eligibility fraud make
restitution in the
full

amount
of
two
hundred per cent of
any
medicaid services paid on behalf of an applicant for or recipient of
medicaid for which the applicant or recipient was not eligible, plus
interest at the rate applicable to judgments on unreimbursed amounts
from the date on which the medicaid services were paid to the date on
which restitution is made.

(3)
The remedies and penalties provided in this section are not exclusive
and do not preclude the use of any other criminal or civil remedy for
any act that is in violation of this section.

(D)
This section does not apply to a person who fully disclosed in an
application for medicaid or in a document that requires a disclosure
of assets for the purpose of determining eligibility for medicaid all
of the interests in property of the applicant for or recipient of
medicaid, all transfers of property by the applicant for or recipient
of medicaid, and the circumstances of all those transfers.

(E)
Any amounts of medicaid services recovered as restitution under this
section and any interest on those amounts shall be credited to the
general revenue fund, and any applicable federal share shall be
returned to the appropriate agency or department of the United
States.

Sec.
2915.01.
As
used in this chapter:

(A)
"Bookmaking" means the business of receiving or paying off
bets.

(B)
"Bet" means the hazarding of anything of value upon the
result of an event, undertaking, or contingency, but does not include
a bona fide business risk.

(C)
"Scheme of chance" means a slot machine unless authorized
under Chapter 3772. of the Revised Code, lottery unless authorized
under Chapter 3770. of the Revised Code, numbers game, pool conducted
for profit, or other scheme in which a participant gives a valuable
consideration for a chance to win a prize, but does not include
bingo, a skill-based amusement machine, or a pool not conducted for
profit. "Scheme of chance" includes the use of an
electronic device to reveal the results of a game entry if valuable
consideration is paid, directly or indirectly, for a chance to win a
prize. Valuable consideration is deemed to be paid for a chance to
win a prize in the following instances:

(1)
Less than fifty per cent of the goods or services sold by a scheme of
chance operator in exchange for game entries are used or redeemed by
participants at any one location;

(2)
Less than fifty per cent of participants who purchase goods or
services at any one location do not accept, use, or redeem the goods
or services sold or purportedly sold;

(3)
More than fifty per cent of prizes at any one location are revealed
to participants through an electronic device simulating a game of
chance or a "casino game" as defined in section 3772.01 of
the Revised Code;

(4)
The good or service sold by a scheme of chance operator in exchange
for a game entry cannot be used or redeemed in the manner advertised;

(5)
A participant pays more than fair market value for goods or services
offered by a scheme of chance operator in order to receive one or
more game entries;

(6)
A participant may use the electronic device to purchase additional
game entries;

(7)
A participant may purchase additional game entries by using points or
credits won as prizes while using the electronic device;

(8)
A scheme of chance operator pays out in prize money more than twenty
per cent of the gross revenue received at one location; or

(9)
A participant makes a purchase or exchange in order to obtain any
good or service that may be used to facilitate play on the electronic
device.

As
used in this division, "electronic device" means a
mechanical, video, digital, or electronic machine or device that is
capable of displaying information on a screen or other mechanism and
that is owned, leased, or otherwise possessed by any person
conducting a scheme of chance, or by that person's partners,
affiliates, subsidiaries, or contractors. "Electronic device"
does not include an electronic instant bingo system.

(D)
"Game of chance" means poker, craps, roulette, or other
game in which a player gives anything of value in the hope of gain,
the outcome of which is determined largely by chance, but does not
include bingo.

(E)
"Game of chance conducted for profit" means any game of
chance designed to produce income for the person who conducts or
operates the game of chance, but does not include bingo.

(F)
"Gambling device" means any of the following:

(1)
A book, totalizer, or other equipment for recording bets;

(2)
A ticket, token, or other device representing a chance, share, or
interest in a scheme of chance or evidencing a bet;

(3)
A deck of cards, dice, gaming table, roulette wheel, slot machine, or
other apparatus designed for use in connection with a game of chance;

(4)
Any equipment, device, apparatus, or paraphernalia specially designed
for gambling purposes;

(5)
Bingo supplies sold or otherwise provided, or used, in violation of
this chapter.

(G)
"Gambling offense" means any of the following:

(1)
A violation of this chapter;

(2)
A violation of an existing or former municipal ordinance or law of
this or any other state or the United States substantially equivalent
to any provision of this chapter or a violation of section 2915.06 of
the Revised Code as it existed prior to July 1, 1996;

(3)
An offense under an existing or former municipal ordinance or law of
this or any other state or the United States, of which gambling is an
element;

(4)
A conspiracy or attempt to commit, or complicity in committing, any
offense under division (G)(1), (2), or (3) of this section.

(H)
Except as otherwise provided in this chapter, "charitable
organization" means either of the following:

(1)
An organization that is exempt from federal income taxation under
subsection 501(a) and described in subsection 501(c)(3) of the
Internal Revenue Code;

(2)
A volunteer rescue service organization, volunteer firefighter's
organization, veteran's organization, fraternal organization, or
sporting organization that is exempt from federal income taxation
under subsection 501(c)(4), (c)(7), (c)(8), (c)(10), or (c)(19) of
the Internal Revenue Code.

To
qualify as a "charitable organization," an organization
shall have been in continuous existence as such in this state for a
period of two years immediately preceding either the making of an
application for a bingo license under section 2915.08 of the Revised
Code or the conducting of any game of chance as provided in division
(D) of section 2915.02 of the Revised Code.

(I)
"Religious organization" means any church, body of
communicants, or group that is not organized or operated for profit
and that gathers in common membership for regular worship and
religious observances.

(J)
"Veteran's organization" means any individual post or state
headquarters of a national veteran's association or an auxiliary unit
of any individual post of a national veteran's association, which
post, state headquarters, or auxiliary unit is incorporated as a
nonprofit corporation and either has received a letter from the state
headquarters of the national veteran's association indicating that
the individual post or auxiliary unit is in good standing with the
national veteran's association or has received a letter from the
national veteran's association indicating that the state headquarters
is in good standing with the national veteran's association. As used
in this division, "national veteran's association" means
any veteran's association that has been in continuous existence as
such for a period of at least five years and either is incorporated
by an act of the United States congress or has a national dues-paying
membership of at least five thousand persons.

(K)
"Volunteer firefighter's organization" means any
organization of volunteer firefighters, as defined in section 146.01
of the Revised Code, that is organized and operated exclusively to
provide financial support for a volunteer fire department or a
volunteer fire company and that is recognized or ratified by a
county, municipal corporation, or township.

(L)
"Fraternal organization" means any society, order, state
headquarters, or association within this state, except a college or
high school fraternity, that is not organized for profit, that is a
branch, lodge, or chapter of a national or state organization, that
exists exclusively for the common business or sodality of its
members.

(M)
"Volunteer rescue service organization" means any
organization of volunteers organized to function as an emergency
medical service organization, as defined in section 4765.01 of the
Revised Code.

(N)
"Charitable bingo game" means any bingo game described in
division (O)(1) or (2) of this section that is conducted by a
charitable organization that has obtained a license pursuant to
section 2915.08 of the Revised Code and the proceeds of which are
used for a charitable purpose.

(O)
"Bingo" means either of the following:

(1)
A game with all of the following characteristics:

(a)
The participants use bingo cards or sheets, including paper formats
and electronic representation or image formats, that are divided into
twenty-five spaces arranged in five horizontal and five vertical rows
of spaces, with each space, except the central space, being
designated by a combination of a letter and a number and with the
central space being designated as a free space.

(b)
The participants cover the spaces on the bingo cards or sheets that
correspond to combinations of letters and numbers that are announced
by a bingo game operator.

(c)
A bingo game operator announces combinations of letters and numbers
that appear on objects that a bingo game operator selects by chance,
either manually or mechanically, from a receptacle that contains
seventy-five objects at the beginning of each game, each object
marked by a different combination of a letter and a number that
corresponds to one of the seventy-five possible combinations of a
letter and a number that can appear on the bingo cards or sheets.

(d)
The winner of the bingo game includes any participant who properly
announces during the interval between the announcements of letters
and numbers as described in division (O)(1)(c) of this section, that
a predetermined and preannounced pattern of spaces has been covered
on a bingo card or sheet being used by the participant.

(2)
Instant bingo, electronic instant bingo, and raffles.

(P)
"Conduct" means to back, promote, organize, manage, carry
on, sponsor, or prepare for the operation of bingo or a game of
chance, a scheme of chance, or a sweepstakes.

(Q)
"Bingo game operator" means any person, except security
personnel, who performs work or labor at the site of bingo,
including, but not limited to, collecting money from participants,
handing out bingo cards or sheets or objects to cover spaces on bingo
cards or sheets, selecting from a receptacle the objects that contain
the combination of letters and numbers that appear on bingo cards or
sheets, calling out the combinations of letters and numbers,
distributing prizes, selling or redeeming instant bingo tickets or
cards, selling or redeeming electronic instant bingo tickets,
credits, or vouchers, accessing an electronic instant bingo system
other than as a participant, supervising the operation of a punch
board, selling raffle tickets, selecting raffle tickets from a
receptacle and announcing the winning numbers in a raffle, and
preparing, selling, and serving food or beverages. "Bingo game
operator" does not include a person who is installing,
maintaining, updating, or repairing an electronic instant bingo
system.

(R)
"Participant" means any person who plays bingo.

(S)
"Bingo session" means a period that includes both of the
following:

(1)
Not to exceed five continuous hours for the conduct of one or more
games described in division (O)(1) of this section, instant bingo,
and electronic instant bingo;

(2)
A period for the conduct of instant bingo and electronic instant
bingo for not more than two hours before and not more than two hours
after the period described in division (S)(1) of this section.

(T)
"Gross receipts" means all money or assets, including
admission fees, that a person receives from bingo without the
deduction of any amounts for prizes paid out or for the expenses of
conducting bingo. "Gross receipts" does not include any
money directly taken in from the sale of food or beverages by a
charitable organization conducting bingo, or by a bona fide auxiliary
unit or society of a charitable organization conducting bingo,
provided all of the following apply:

(1)
The auxiliary unit or society has been in existence as a bona fide
auxiliary unit or society of the charitable organization for at least
two years prior to conducting bingo.

(2)
The person who purchases the food or beverage receives nothing of
value except the food or beverage and items customarily received with
the purchase of that food or beverage.

(3)
The food and beverages are sold at customary and reasonable prices.

(U)
"Security personnel" includes any person who either is a
sheriff, deputy sheriff, marshal, deputy marshal, township constable,
or member of an organized police department of a municipal
corporation or has successfully completed a peace officer's training
course pursuant to sections 109.71 to 109.79 of the Revised Code and
who is hired to provide security for the premises on which bingo is
conducted.

(V)
"Charitable purpose" means that the net profit of bingo,
other than instant bingo or electronic instant bingo, is used by, or
is given, donated, or otherwise transferred to, any of the following:

(1)
Any organization that is described in subsection 509(a)(1),
509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a
governmental unit or an organization that is tax exempt under
subsection 501(a) and described in subsection 501(c)(3) of the
Internal Revenue Code;

(2)
A veteran's organization that is a post, chapter, or organization of
veterans, or an auxiliary unit or society of, or a trust or
foundation for, any such post, chapter, or organization organized in
the United States or any of its possessions, at least seventy-five
per cent of the members of which are veterans and substantially all
of the other members of which are individuals who are spouses,
widows, or widowers of veterans, or such individuals, provided that
no part of the net earnings of such post, chapter, or organization
inures to the benefit of any private shareholder or individual, and
further provided that the net profit is used by the post, chapter, or
organization for the charitable purposes set forth in division
(B)(12) of section 5739.02 of the Revised Code, is used for awarding
scholarships to or for attendance at an institution mentioned in
division (B)(12) of section 5739.02 of the Revised Code, is donated
to a governmental agency, or is used for nonprofit youth activities,
the purchase of United States or Ohio flags that are donated to
schools, youth groups, or other bona fide nonprofit organizations,
promotion of patriotism, or disaster relief;

(3)
A fraternal organization that has been in continuous existence in
this state for fifteen years and that uses the net profit exclusively
for religious, charitable, scientific, literary, or educational
purposes, or for the prevention of cruelty to children or animals, if
contributions for such use would qualify as a deductible charitable
contribution under subsection 170 of the Internal Revenue Code;

(4)
A volunteer firefighter's organization that uses the net profit for
the purposes set forth in division (K) of this section.

(W)
"Internal Revenue Code" means the "Internal Revenue
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter
amended.

(X)
"Youth athletic organization" means any organization, not
organized for profit, that is organized and operated exclusively to
provide financial support to, or to operate, athletic activities for
persons who are twenty-one years of age or younger by means of
sponsoring, organizing, operating, or contributing to the support of
an athletic team, club, league, or association.

(Y)
"Youth athletic park organization" means any organization,
not organized for profit, that satisfies both of the following:

(1)
It owns, operates, and maintains playing fields that satisfy both of
the following:

(a)
The playing fields are used for athletic activities by one or more
organizations, not organized for profit, each of which is organized
and operated exclusively to provide financial support to, or to
operate, athletic activities for persons who are eighteen years of
age or younger by means of sponsoring, organizing, operating, or
contributing to the support of an athletic team, club, league, or
association.

(b)
The playing fields are not used for any profit-making activity at any
time during the year.

(2)
It uses the proceeds of bingo it conducts exclusively for the
operation, maintenance, and improvement of its playing fields of the
type described in division (Y)(1) of this section.

(Z)
"Bingo supplies" means bingo cards or sheets; instant bingo
tickets or cards; electronic bingo aids; raffle tickets; punch
boards; seal cards; instant bingo ticket dispensers; electronic
instant bingo systems; and devices for selecting or displaying the
combination of bingo letters and numbers or raffle tickets. Items
that are "bingo supplies" are not gambling devices if sold
or otherwise provided, and used, in accordance with this chapter. For
purposes of this chapter, "bingo supplies" are not to be
considered equipment used to conduct a bingo game.

(AA)
"Instant bingo" means a form of bingo that shall use folded
or banded tickets or paper cards with perforated break-open tabs, a
face of which is covered or otherwise hidden from view to conceal a
number, letter, or symbol, or set of numbers, letters, or symbols,
some of which have been designated in advance as prize winners, and
may also include games in which some winners are determined by the
random selection of one or more bingo numbers by the use of a seal
card or bingo blower. "Instant bingo" also includes a punch
board game. In all "instant bingo" the prize amount and
structure shall be predetermined. "Instant bingo" does not
include electronic instant bingo or any device that is activated by
the insertion of a coin, currency, token, or an equivalent, and that
contains as one of its components a video display monitor that is
capable of displaying numbers, letters, symbols, or characters in
winning or losing combinations.

(BB)
"Seal card" means a form of instant bingo that uses instant
bingo tickets in conjunction with a board or placard that contains
one or more seals that, when removed or opened, reveal predesignated
winning numbers, letters, or symbols.

(CC)
"Raffle" means a form of bingo in which the one or more
prizes are won by one or more persons who have purchased a raffle
ticket. The one or more winners of the raffle are determined by
drawing a ticket stub or other detachable section from a receptacle
containing ticket stubs or detachable sections corresponding to all
tickets sold for the raffle. "Raffle" does not include the
drawing of a ticket stub or other detachable section of a ticket
purchased to attend a professional sporting event if both of the
following apply:

(1)
The ticket stub or other detachable section is used to select the
winner of a free prize given away at the professional sporting event;
and

(2)
The cost of the ticket is the same as the cost of a ticket to the
professional sporting event on days when no free prize is given away.

(DD)
"Punch board" means a form of instant bingo that uses a
board containing a number of holes or receptacles of uniform size in
which are placed, mechanically and randomly, serially numbered slips
of paper that may be punched or drawn from the hole or receptacle. A
player may punch or draw the numbered slips of paper from the holes
or receptacles and obtain the prize established for the game if the
number drawn corresponds to a winning number or, if the punch board
includes the use of a seal card, a potential winning number.

(EE)
"Gross profit" means gross receipts minus the amount
actually expended for the payment of prize awards.

(FF)
"Net profit" means gross profit minus expenses.

(GG)
"Expenses" means the reasonable amount of gross profit
actually expended for all of the following:

(1)
The purchase or lease of bingo supplies;

(2)
The annual license fee required under section 2915.08 of the Revised
Code;

(3)
Bank fees and service charges for a bingo session or game account
described in section 2915.10 of the Revised Code;

(4)
Audits and accounting services;

(5)
Safes;

(6)
Cash registers;

(7)
Hiring security personnel;

(8)
Advertising bingo;

(9)
Renting premises in which to conduct a bingo session;

(10)
Tables and chairs;

(11)
Expenses for maintaining and operating a charitable organization's
facilities, including, but not limited to, a post home, club house,
lounge, tavern, or canteen and any grounds attached to the post home,
club house, lounge, tavern, or canteen;

(12)
Payment of real property taxes and assessments that are levied on a
premises on which bingo is conducted;

(13)
Any other product or service directly related to the conduct of bingo
that is authorized in rules adopted by the attorney general under
division (F)(1) of section 2915.08 of the Revised Code.

(HH)
"Person" has the same meaning as in section 1.59 of the
Revised Code and includes any firm or any other legal entity, however
organized.

(II)
"Revoke" means to void permanently all rights and
privileges of the holder of a license issued under section 2915.08,
2915.081, or 2915.082 of the Revised Code or a charitable gaming
license issued by another jurisdiction.

(JJ)
"Suspend" means to interrupt temporarily all rights and
privileges of the holder of a license issued under section 2915.08,
2915.081, or 2915.082 of the Revised Code or a charitable gaming
license issued by another jurisdiction.

(KK)
"Distributor" means any person who purchases or obtains
bingo supplies and who does either of the following:

(1)
Sells, offers for sale, or otherwise provides or offers to provide
the bingo supplies to another person for use in this state;

(2)
Modifies, converts, adds to, or removes parts from the bingo supplies
to further their promotion or sale for use in this state.

(LL)
"Manufacturer" means any person who assembles completed
bingo supplies from raw materials, other items, or subparts or who
modifies, converts, adds to, or removes parts from bingo supplies to
further their promotion or sale.

(MM)
"Gross annual revenues" means the annual gross receipts
derived from the conduct of bingo described in division (O)(1) of
this section plus the annual net profit derived from the conduct of
bingo described in division (O)(2) of this section.

(NN)
"Instant bingo ticket dispenser" means a mechanical device
that dispenses an instant bingo ticket or card as the sole item of
value dispensed and that has the following characteristics:

(1)
It is activated upon the insertion of United States currency.

(2)
It performs no gaming functions.

(3)
It does not contain a video display monitor or generate noise.

(4)
It is not capable of displaying any numbers, letters, symbols, or
characters in winning or losing combinations.

(5)
It does not simulate or display rolling or spinning reels.

(6)
It is incapable of determining whether a dispensed bingo ticket or
card is a winning or nonwinning ticket or card and requires a winning
ticket or card to be paid by a bingo game operator.

(7)
It may provide accounting and security features to aid in accounting
for the instant bingo tickets or cards it dispenses.

(8)
It is not part of an electronic network and is not interactive.

(OO)(1)
"Electronic bingo aid" means an electronic device used by a
participant to monitor bingo cards or sheets purchased at the time
and place of a bingo session and that does all of the following:

(a)
It provides a means for a participant to input numbers and letters
announced by a bingo caller.

(b)
It compares the numbers and letters entered by the participant to the
bingo faces previously stored in the memory of the device.

(c)
It identifies a winning bingo pattern.

(2)
"Electronic bingo aid" does not include any device into
which a coin, currency, token, or an equivalent is inserted to
activate play.

(PP)
"Deal" means a single game of instant bingo tickets, or a
single game of electronic instant bingo tickets, all with the same
serial number.

(QQ)(1)
"Slot machine" means either of the following:

(a)
Any mechanical, electronic, video, or digital device that is capable
of accepting anything of value, directly or indirectly, from or on
behalf of a player who gives the thing of value in the hope of gain;

(b)
Any mechanical, electronic, video, or digital device that is capable
of accepting anything of value, directly or indirectly, from or on
behalf of a player to conduct bingo or a scheme or game of chance.

(2)
"Slot machine" does not include a skill-based amusement
machine, an instant bingo ticket dispenser, or an electronic instant
bingo system.

(RR)
"Net profit from the proceeds of the sale of instant bingo or
electronic instant bingo" means gross profit minus the ordinary,
necessary, and reasonable expense expended for the purchase of bingo
supplies for the purpose of conducting instant bingo or electronic
instant bingo, and, in the case of instant bingo or electronic
instant bingo conducted by a veteran's, fraternal, or sporting
organization, minus the payment by that organization of real property
taxes and assessments levied on a premises on which instant bingo or
electronic instant bingo is conducted.

(SS)
"Charitable instant bingo organization" means an
organization that is exempt from federal income taxation under
subsection 501(a) and described in subsection 501(c)(3) of the
Internal Revenue Code and is a charitable organization as defined in
this section. A "charitable instant bingo organization"
does not include a charitable organization that is exempt from
federal income taxation under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code and that is created
by a veteran's organization, a fraternal organization, or a sporting
organization in regards to bingo conducted or assisted by a veteran's
organization, a fraternal organization, or a sporting organization
pursuant to section 2915.13 of the Revised Code.

(TT)
"Game flare" means the board or placard, or electronic
representation of a board or placard, that accompanies each deal of
instant bingo or electronic instant bingo tickets and that includes
the following information for the game:

(1)
The name of the game;

(2)
The manufacturer's name or distinctive logo;

(3)
The form number;

(4)
The ticket count;

(5)
The prize structure, including the number of winning tickets by
denomination and the respective winning symbol or number combinations
for the winning tickets;

(6)
The cost per play;

(7)
The serial number of the game.

(UU)(1)
"Skill-based amusement machine" means a mechanical, video,
digital, or electronic device that rewards the player or players, if
at all, only with merchandise prizes or with redeemable vouchers
redeemable only for merchandise prizes, provided that with respect to
rewards for playing the game all of the following apply:

(a)
The wholesale value of a merchandise prize awarded as a result of the
single play of a machine does not exceed ten dollars;

(b)
Redeemable vouchers awarded for any single play of a machine are not
redeemable for a merchandise prize with a wholesale value of more
than ten dollars;

(c)
Redeemable vouchers are not redeemable for a merchandise prize that
has a wholesale value of more than ten dollars times the fewest
number of single plays necessary to accrue the redeemable vouchers
required to obtain that prize; and

(d)
Any redeemable vouchers or merchandise prizes are distributed at the
site of the skill-based amusement machine at the time of play.

A
card for the purchase of gasoline is a redeemable voucher for
purposes of division (UU)(1) of this section even if the skill-based
amusement machine for the play of which the card is awarded is
located at a place where gasoline may not be legally distributed to
the public or the card is not redeemable at the location of, or at
the time of playing, the skill-based amusement machine.

(2)
A device shall not be considered a skill-based amusement machine and
shall be considered a slot machine if it pays cash or one or more of
the following apply:

(a)
The ability of a player to succeed at the game is impacted by the
number or ratio of prior wins to prior losses of players playing the
game.

(b)
Any reward of redeemable vouchers is not based solely on the player
achieving the object of the game or the player's score;

(c)
The outcome of the game, or the value of the redeemable voucher or
merchandise prize awarded for winning the game, can be controlled by
a source other than any player playing the game.

(d)
The success of any player is or may be determined by a chance event
that cannot be altered by player actions.

(e)
The ability of any player to succeed at the game is determined by
game features not visible or known to the player.

(f)
The ability of the player to succeed at the game is impacted by the
exercise of a skill that no reasonable player could exercise.

(3)
All of the following apply to any machine that is operated as
described in division (UU)(1) of this section:

(a)
As used in division (UU) of this section, "game" and "play"
mean one event from the initial activation of the machine until the
results of play are determined without payment of additional
consideration. An individual utilizing a machine that involves a
single game, play, contest, competition, or tournament may be awarded
redeemable vouchers or merchandise prizes based on the results of
play.

(b)
Advance play for a single game, play, contest, competition, or
tournament participation may be purchased. The cost of the contest,
competition, or tournament participation may be greater than a single
noncontest, competition, or tournament play.

(c)
To the extent that the machine is used in a contest, competition, or
tournament, that contest, competition, or tournament has a defined
starting and ending date and is open to participants in competition
for scoring and ranking results toward the awarding of redeemable
vouchers or merchandise prizes that are stated prior to the start of
the contest, competition, or tournament.

(4)
For purposes of division (UU)(1) of this section, the mere presence
of a device, such as a pin-setting, ball-releasing, or scoring
mechanism, that does not contribute to or affect the outcome of the
play of the game does not make the device a skill-based amusement
machine.

(VV)
"Merchandise prize" means any item of value, but shall not
include any of the following:

(1)
Cash, gift cards, or any equivalent thereof;

(2)
Plays on games of chance, state lottery tickets, or bingo;

(3)
Firearms, tobacco, or alcoholic beverages; or

(4)
A redeemable voucher that is redeemable for any of the items listed
in division (VV)(1), (2), or (3) of this section.

(WW)
"Redeemable voucher" means any ticket, token, coupon,
receipt, or other noncash representation of value.

(XX)
"Pool not conducted for profit" means a scheme in which a
participant gives a valuable consideration for a chance to win a
prize and the total amount of consideration wagered is distributed to
a participant or participants.

(YY)
"Sporting organization" means a hunting, fishing, or
trapping organization, other than a college or high school fraternity
or sorority, that is not organized for profit, that is affiliated
with a state or national sporting organization, including but not
limited to, the league of Ohio sportsmen, and that has been in
continuous existence in this state for a period of three years.

(ZZ)
"Community action agency" has the same meaning as in
section
122.66

5101.311

of
the Revised Code.

(AAA)(1)
"Sweepstakes terminal device" means a mechanical, video,
digital, or electronic machine or device that is owned, leased, or
otherwise possessed by any person conducting a sweepstakes, or by
that person's partners, affiliates, subsidiaries, or contractors,
that is intended to be used by a sweepstakes participant, and that is
capable of displaying information on a screen or other mechanism. A
device is a sweepstakes terminal device if any of the following
apply:

(a)
The device uses a simulated game terminal as a representation of the
prizes associated with the results of the sweepstakes entries.

(b)
The device utilizes software such that the simulated game influences
or determines the winning of or value of the prize.

(c)
The device selects prizes from a predetermined finite pool of
entries.

(d)
The device utilizes a mechanism that reveals the content of a
predetermined sweepstakes entry.

(e)
The device predetermines the prize results and stores those results
for delivery at the time the sweepstakes entry results are revealed.

(f)
The device utilizes software to create a game result.

(g)
The device reveals the prize incrementally, even though the device
does not influence the awarding of the prize or the value of any
prize awarded.

(h)
The device determines and associates the prize with an entry or
entries at the time the sweepstakes is entered.

(2)
As used in this division and in section 2915.02 of the Revised Code:

(a)
"Enter" means the act by which a person becomes eligible to
receive any prize offered in a sweepstakes.

(b)
"Entry" means one event from the initial activation of the
sweepstakes terminal device until all the sweepstakes prize results
from that activation are revealed.

(c)
"Prize" means any gift, award, gratuity, good, service,
credit, reward, or any other thing of value that may be transferred
to a person, whether possession of the prize is actually transferred,
or placed on an account or other record as evidence of the intent to
transfer the prize.

(d)
"Sweepstakes terminal device facility" means any location
in this state where a sweepstakes terminal device is provided to a
sweepstakes participant, except as provided in division (G) of
section 2915.02 of the Revised Code.

(BBB)
"Sweepstakes" means any game, contest, advertising scheme
or plan, or other promotion where consideration is not required for a
person to enter to win or become eligible to receive any prize, the
determination of which is based upon chance. "Sweepstakes"
does not include bingo as authorized under this chapter, pari-mutuel
wagering as authorized by Chapter 3769. of the Revised Code,
lotteries conducted by the state lottery commission as authorized by
Chapter 3770. of the Revised Code, and casino gaming as authorized by
Chapter 3772. of the Revised Code.

(CCC)(1)
"Electronic instant bingo" means a form of bingo that
consists of an electronic or digital representation of instant bingo
in which a participant wins a prize if the participant's electronic
instant bingo ticket contains a combination of numbers or symbols
that was designated in advance as a winning combination, and to which
all of the following apply:

(a)
Each deal has a predetermined, finite number of winning and losing
tickets and a predetermined prize amount and deal structure, provided
that there may be multiple winning combinations in each deal and
multiple winning tickets.

(b)
Each electronic instant bingo ticket within a deal has a unique
serial number that is not regenerated.

(c)
Each electronic instant bingo ticket within a deal is sold for the
same price.

(d)
After a participant purchases an electronic instant bingo ticket, the
combination of numbers or symbols on the ticket is revealed to the
participant.

(e)
The reveal of numbers or symbols on the ticket may incorporate an
entertainment or bonus theme, provided that the reveal does not
include spinning reels that resemble a slot machine.

(f)
The reveal theme, if any, does not require additional consideration
or award any prize other than any predetermined prize associated with
the electronic instant bingo ticket.

(2)
"Electronic instant bingo" shall not include any of the
following:

(a)
Any game, entertainment, or bonus theme that replicates or simulates
any of the following:

(i)
The gambling games of keno, blackjack, roulette, poker, craps, other
casino-style table games;

(ii)
Horse racing;

(iii)
Gambling games offered in this state on slot machines or video
lottery terminals. As used in this division, "video lottery
terminal" has the same meaning as in section 3770.21 of the
Revised Code.

(b)
Any device operated by dropping one or more coins or tokens into a
slot and pulling a handle or pushing a button or touchpoint on a
touchscreen to activate one to three or more rotating reels marked
into horizontal segments by varying symbols, where the predetermined
prize amount depends on how and how many of the symbols line up when
the rotating reels come to a rest;

(c)
Any device that includes a coin or token slot, tray, or hopper and
the ability to dispense coins, cash, tokens, or anything of value
other than a credit ticket voucher.

(DDD)
"Electronic instant bingo system" means both of the
following:

(1)
A mechanical, electronic, digital, or video device and associated
software to which all of the following apply:

(a)
It is used by not more than one player at a time to play electronic
instant bingo on a single screen that is physically connected to the
device;

(b)
It is located on the premises of the principal place of business of a
veteran's or fraternal organization that holds a type II or type III
bingo license to conduct electronic instant bingo at that location
issued under section 2915.08 of the Revised Code.

(2)
Any associated equipment or software used to manage, monitor, or
document any aspect of electronic instant bingo.

Sec.
2917.211.
(A)
As used in this section:

(1)

"Child-victim
oriented offense" and "sexually oriented offense" have
the same meanings as in section 2950.01 of the Revised Code.

(2)

"Disseminate"
means to post, distribute, or publish on a computer device, computer
network, web site, or other electronic device or medium of
communication.

(2)

(3)

"Image"
means a photograph, film, videotape, digital recording, or other
depiction or portrayal of a person.

(3)

(4)

"Interactive
computer service" has the meaning defined in the
"Telecommunications Act of 1996," 47 U.S.C. 230, as
amended.

(4)

(5)

"Internet
provider" means a provider of internet service, including all of
the following:

(a)
Broadband service, however defined or classified by the federal
communications commission;

(b)
Information service or telecommunications service, both as defined in
the "Telecommunications Act of 1996," 47 U.S.C. 153, as
amended;

(c)
Internet protocol-enabled services, as defined in section 4927.01 of
the Revised Code.

(5)

(6)

"Mobile
service" and "telecommunications carrier" have the
meanings defined in 47 U.S.C. 153, as amended.

(6)

(7)

"Cable
service provider" has the same meaning as in section 1332.01 of
the Revised Code.

(7)

(8)

"Direct-to-home
satellite service" has the meaning defined in 47 U.S.C. 303, as
amended.

(8)

(9)

"Video
service provider" has the same meaning as in section 1332.21 of
the Revised Code.

(9)

(10)

"Sexual
act" means any of the following:

(a)
Sexual activity;

(b)
Masturbation;

(c)
An act involving a bodily substance that is performed for the purpose
of sexual arousal or gratification;

(d)
Sado-masochistic abuse.

(11)
"Fabricated sexual image" has the same meaning as in
section 2307.66 of the Revised Code.

(B)
No person shall knowingly disseminate an image of another person if
all of the following apply:

(1)
The person in the image is eighteen years of age or older.

(2)
The person in the image can be identified from the image itself or
from information displayed in connection with the image and the
offender supplied the identifying information.

(3)
The person in the image is in a state of nudity or is engaged in a
sexual act.

(4)
The image is disseminated without consent from the person in the
image.

(5)
The image is disseminated with intent to harm the person in the
image.

(C)

No
person shall knowingly disseminate a fabricated sexual image of
another person without the other person's consent.

(D)
No person shall, without the consent of the depicted person, in order
to harass, extort, threaten, or cause physical, emotional,
reputational, or economic harm to a person falsely depicted,
knowingly do either of the following:

(1)
Create a fabricated sexual image with intent to distribute;

(2)
Solicit the creation of a fabricated sexual image with intent to
distribute.

(E)

This
section does not prohibit the dissemination of an image

or
fabricated sexual image

if any of the following apply:

(1)
The image

or
fabricated sexual image

is disseminated for the purpose of a criminal investigation that is
otherwise lawful.

(2)
The image

or
fabricated sexual image

is disseminated for the purpose of, or in connection with, the
reporting of unlawful conduct.

(3)
The image

or
fabricated sexual image

is part of a news report or commentary or an artistic or expressive
work, such as a performance, work of art, literary work, theatrical
work, musical work, motion picture, film, or audiovisual work.

(4)
The image

or
fabricated sexual image

is disseminated by a law enforcement officer, or a corrections
officer or guard in a detention facility, acting within the scope of
the person's official duties.

(5)
The image

or
fabricated sexual image

is disseminated for another lawful public purpose.

(6)

The

If
the person in the image or fabricated sexual image is eighteen years
of age or older, the
person
in the image

or
fabricated sexual image

is knowingly and willingly in a state of nudity or engaged in a
sexual act and is knowingly and willingly in a location in which the
person does not have a reasonable expectation of privacy.

(7)
The image

or
fabricated sexual image

is disseminated for the purpose of medical treatment or examination.

(D)

(F)

The
following entities are not liable for a violation of this section
solely as a result of an image

or
fabricated sexual image

or other information provided by another person:

(1)
A provider of interactive computer service;

(2)
A mobile service;

(3)
A telecommunications carrier;

(4)
An internet provider;

(5)
A cable service provider;

(6)
A direct-to-home satellite service;

(7)
A video service provider.

(E)

(G)

Any
conduct that is a violation of this section and any other section of
the Revised Code may be prosecuted under this section, the other
section, or both sections.

(F)(1)(a)

(H)(1)(a)

Except
as otherwise provided in division
(F)(1)(b),
(c), or (d)
(H)(1)(b)

of
this section, whoever violates
division
(B) of
this
section is guilty of nonconsensual dissemination of private sexual
images, a
misdemeanor

felony

of
the
third

fifth

degree.

(b)
If the offender previously has been convicted of or pleaded guilty to
a violation of
division
(B) of
this
section,

a
sexually oriented offense, or a child-victim oriented offense,

nonconsensual dissemination of private sexual images is a
misdemeanor

felony

of
the
second

fourth

degree.

(c)
If the offender previously has been convicted of or pleaded guilty to
two or more violations of this section, nonconsensual dissemination
of private sexual images is a misdemeanor of the first degree.

(d)
If the offender is under eighteen years of age and the person in the
image is not more than five years older than the offender, the
offender shall not be prosecuted under this section.

(2)

(2)(a)
Except as otherwise provided in division (H)(2)(b) of this section,
whoever violates division (C) of this section is guilty of
nonconsensual dissemination of fabricated sexual images, a felony of
the fourth degree.

(b)
If the offender has previously been convicted of or pleaded guilty to
a violation of this section, a sexually oriented offense, or a
child-victim oriented offense, nonconsensual dissemination of
fabricated sexual images is a felony of the third degree.

(3)(a)
Except as otherwise provided in division (H)(3)(b) of this section,
whoever violates division (D) of this section is guilty of
nonconsensual creation of fabricated sexual images, a felony of the
fourth degree.

(b)
If the offender has previously been convicted of or pleaded guilty to
a violation of this section, a sexually oriented offense, or a
child-victim oriented offense, nonconsensual creation of fabricated
sexual images is a felony of the third degree.

(4)

In
addition to any other penalty or disposition authorized or required
by law, the court may order any person who is convicted of a
violation of this section or who is adjudicated delinquent by reason
of a violation of this section to criminally forfeit all of the
following property to the state under Chapter 2981. of the Revised
Code:

(a)
Any profits or proceeds and any property the person has acquired or
maintained in violation of this section that the sentencing court
determines to have been acquired or maintained as a result of the
violation;

(b)
Any interest in, securities of, claim against, or property or
contractual right of any kind affording a source of influence over
any enterprise that the person has established, operated, controlled,
or conducted in violation of this section that the sentencing court
determines to have been acquired or maintained as a result of the
violation.

(G)

(I)

A
victim of a violation of this section may commence a civil cause of
action against the offender, as described in section 2307.66 of the
Revised Code.

Sec.
2919.171.
(A)(1)
A physician who performs or induces or attempts to perform or induce
an abortion on a pregnant woman shall submit a report to the
department of health in accordance with the forms, rules, and
regulations adopted by the department that includes all of the
information the physician is required to certify in writing or
determine under section 2919.17, section 2919.18, divisions (A) and
(C) of section 2919.192, division (C) of section 2919.193, division
(B) of section 2919.195, or division (A) of section 2919.196 of the
Revised Code.

(2)
If a person other than the physician described in division (A)(1) of
this section makes or maintains a record required by sections
2919.192 to 2919.196 of the Revised Code on the physician's behalf or
at the physician's direction, that person shall comply with the
reporting requirement described in division (A)(1) of this section as
if the person were the physician described in that division.

(B)
By
September
30
the
first day of March
of
each year, the department of health shall issue a public report that
provides statistics for the previous calendar year compiled from all
of the reports covering that calendar year submitted to the
department in accordance with this section for each of the items
listed in division (A) of this section. The report shall also provide
the statistics for each previous calendar year in which a report was
filed with the department pursuant to this section, adjusted to
reflect any additional information that a physician provides to the
department in a late or corrected report. The department shall ensure
that none of the information included in the report could reasonably
lead to the identification of any pregnant woman upon whom an
abortion is performed.

(C)(1)
The physician shall submit the report described in division (A) of
this section to the department of health within fifteen days after
the woman is discharged. If the physician fails to submit the report
more than thirty days after that fifteen-day deadline, the physician
shall be subject to a late fee of five hundred dollars for each
additional thirty-day period or portion of a thirty-day period the
report is overdue. A physician who is required to submit to the
department of health a report under division (A) of this section and
who has not submitted a report or has submitted an incomplete report
more than one year following the fifteen-day deadline may, in an
action brought by the department of health, be directed by a court of
competent jurisdiction to submit a complete report to the department
of health within a period of time stated in a court order or be
subject to contempt of court.

(2)
If a physician fails to comply with the requirements of this section,
other than filing a late report with the department of health, or
fails to submit a complete report to the department of health in
accordance with a court order, the physician is subject to division
(B)(43) of section 4731.22 of the Revised Code.

(3)
No person shall falsify any report required under this section.
Whoever violates this division is guilty of abortion report
falsification, a misdemeanor of the first degree.

(D)
The department of health shall adopt rules pursuant to section 111.15
of the Revised Code to assist in compliance with this section.

Sec.
2919.19.
(A)
As used in this section and sections 2919.191 to
2919.1910

2919.199

of
the Revised Code:

(1)
"Conception" means fertilization.

(2)
"Contraceptive" means a drug, device, or chemical that
prevents conception.

(3)
"DNA" means deoxyribonucleic acid.

(4)
"Fetal heartbeat" means cardiac activity or the steady and
repetitive rhythmic contraction of the fetal heart within the
gestational sac.

(5)
"Fetus" means the human offspring developing during
pregnancy from the moment of conception and includes the embryonic
stage of development.

(6)
"Gestational age" means the age of an unborn human
individual as calculated from the first day of the last menstrual
period of a pregnant woman.

(7)
"Gestational sac" means the structure that comprises the
extraembryonic membranes that envelop the fetus and that is typically
visible by ultrasound after the fourth week of pregnancy.

(8)
"Intrauterine pregnancy" means a pregnancy in which the
fetus is attached to the placenta within the uterus of the pregnant
woman.

(9)
"Medical emergency" has the same meaning as in section
2919.16 of the Revised Code.

(10)
"Physician" has the same meaning as in section 2305.113 of
the Revised Code.

(11)
"Pregnancy" means the human female reproductive condition
that begins with fertilization, when the woman is carrying the
developing human offspring, and that is calculated from the first day
of the last menstrual period of the woman.

(12)
"Serious risk of the substantial and irreversible impairment of
a major bodily function" has the same meaning as in section
2919.16 of the Revised Code.

(13)
"Spontaneous miscarriage" means the natural or accidental
termination of a pregnancy and the expulsion of the fetus, typically
caused by genetic defects in the fetus or physical abnormalities in
the pregnant woman.

(14)
"Standard medical practice" means the degree of skill,
care, and diligence that a physician of the same medical specialty
would employ in like circumstances. As applied to the method used to
determine the presence of a fetal heartbeat for purposes of section
2919.192 of the Revised Code, "standard medical practice"
includes employing the appropriate means of detection depending on
the estimated gestational age of the fetus and the condition of the
woman and her pregnancy.

(15)
"Unborn human individual" means an individual organism of
the species homo sapiens from fertilization until live birth.

(B)(1)
It is the intent of the general assembly that a court judgment or
order suspending enforcement of any provision of this section or
sections 2919.171 or 2919.191 to 2919.1913 of the Revised Code is not
to be regarded as tantamount to repeal of that provision.

(2)
Upon the issuance of any court order or judgment restoring,
expanding, or clarifying the authority of states to prohibit or
regulate abortion entirely or in part, or the effective date of an
amendment to the United States Constitution restoring, expanding, or
clarifying the authority of states to prohibit or regulate abortion
entirely or in part, the attorney general may apply to the pertinent
state or federal court for either or both of the following:

(a)
A declaration that any one or more sections specified in division
(B)(1) of this section are constitutional;

(b)
A judgment or order lifting an injunction against the enforcement of
any one or more sections specified in division (B)(1) of this
section.

(3)
If the attorney general fails to apply for the relief described in
division (B)(2) of this section within the thirty-day period after an
event described in that division occurs, any county prosecutor, with
standing, may apply to the appropriate state or federal court for
such relief.

(4)
If any provision of this section or sections 2919.171 or 2919.191 to
2919.1913 of the Revised Code is held invalid, or if the application
of such provision to any person or circumstance is held invalid, the
invalidity of that provision does not affect any other provisions or
applications of this section and sections 2919.171 and 2919.191 to
2919.1913 of the Revised Code that can be given effect without the
invalid provision or application, and to this end the provisions of
this section and sections 2919.171 and 2919.191 to 2919.1913 of the
Revised Code are severable as provided in section 1.50 of the Revised
Code. In particular, it is the intent of the general assembly that
any invalidity or potential invalidity of a provision of this section
or sections 2919.171 or 2919.191 to 2919.1913 of the Revised Code is
not to impair the immediate and continuing enforceability of the
remaining provisions. It is furthermore the intent of the general
assembly that the provisions of this section and sections 2919.171 or
2919.191 to 2919.1913 of the Revised Code are not to have the effect
of repealing or limiting any other laws of this state, except as
specified by this section and sections 2919.171 and 2919.191 to
2919.1913 of the Revised Code.

Sec.
2921.13.
(A)
No person shall knowingly make a false statement, or knowingly swear
or affirm the truth of a false statement previously made, when any of
the following applies:

(1)
The statement is made in any official proceeding.

(2)
The statement is made with purpose to incriminate another.

(3)
The statement is made with purpose to mislead a public official in
performing the public official's official function.

(4)
The statement is made with purpose to secure the payment of
unemployment compensation; Ohio works first; prevention, retention,
and contingency benefits and services; disability financial
assistance; retirement benefits or health care coverage from a state
retirement system; economic development assistance, as defined in
section 9.66 of the Revised Code; or other benefits administered by a
governmental agency or paid out of a public treasury.

(5)
The statement is made with purpose to secure the issuance by a
governmental agency of a license, permit, authorization, certificate,
registration, release, or provider agreement.

(6)
The statement is sworn or affirmed before a notary public or another
person empowered to administer oaths.

(7)
The statement is in writing on or in connection with a report or
return that is required or authorized by law.

(8)
The statement is in writing and is made with purpose to induce
another to extend credit to or employ the offender, to confer any
degree, diploma, certificate of attainment, award of excellence, or
honor on the offender, or to extend to or bestow upon the offender
any other valuable benefit or distinction, when the person to whom
the statement is directed relies upon it to that person's detriment.

(9)
The statement is made with purpose to commit or facilitate the
commission of a theft offense.

(10)
The statement is knowingly made to a probate court in connection with
any action, proceeding, or other matter within its jurisdiction,
either orally or in a written document, including, but not limited
to, an application, petition, complaint, or other pleading, or an
inventory, account, or report.

(11)
The statement is made on an account, form, record, stamp, label, or
other writing that is required by law.

(12)
The statement is made in connection with the purchase of a firearm,
as defined in section 2923.11 of the Revised Code, and in conjunction
with the furnishing to the seller of the firearm of a fictitious or
altered driver's or commercial driver's license or permit, a
fictitious or altered identification card, or any other document that
contains false information about the purchaser's identity.

(13)
The statement is made in a document or instrument of writing that
purports to be a judgment, lien, or claim of indebtedness and is
filed or recorded with the secretary of state, a county recorder, or
the clerk of a court of record.

(14)
The statement is made in an application filed with a county sheriff
pursuant to section 2923.125 of the Revised Code in order to obtain
or renew a concealed handgun license or is made in an affidavit
submitted to a county sheriff to obtain a concealed handgun license
on a temporary emergency basis under section 2923.1213 of the Revised
Code.

(15)
The statement is required under section 5743.71 of the Revised Code
in connection with the person's purchase of cigarettes or tobacco
products in a delivery sale.

(16)
The statement is made to the department of children and youth in
connection with the Ohio adoption grant program for the purpose of
qualifying for or obtaining an adoption grant under sections 5101.19
to 5101.194 of the Revised Code.

(B)
No person, in connection with the purchase of a firearm, as defined
in section 2923.11 of the Revised Code, shall knowingly furnish to
the seller of the firearm a fictitious or altered driver's or
commercial driver's license or permit, a fictitious or altered
identification card, or any other document that contains false
information about the purchaser's identity.

(C)
No person, in an attempt to obtain a concealed handgun license under
section 2923.125 of the Revised Code, shall knowingly present to a
sheriff a fictitious or altered document that purports to be
certification of the person's competence in handling a handgun as
described in division (B)(3) of that section.

(D)
It is no defense to a charge under division (A)(6) of this section
that the oath or affirmation was administered or taken in an
irregular manner.

(E)
If contradictory statements relating to the same fact are made by the
offender within the period of the statute of limitations for
falsification, it is not necessary for the prosecution to prove which
statement was false but only that one or the other was false.

(F)(1)
Whoever violates division (A)(1), (2), (3), (4), (5), (6), (7), (8),
(10), (11), (13),
or

(15)
,
or (16)

of this section is guilty of falsification. Except as otherwise
provided in this division, falsification is a misdemeanor of the
first degree.

(2)
Whoever violates division (A)(9) of this section is guilty of
falsification in a theft offense. Except as otherwise provided in
this division, falsification in a theft offense is a misdemeanor of
the first degree. If the value of the property or services stolen is
one thousand dollars or more and is less than seven thousand five
hundred dollars, falsification in a theft offense is a felony of the
fifth degree. If the value of the property or services stolen is
seven thousand five hundred dollars or more and is less than one
hundred fifty thousand dollars, falsification in a theft offense is a
felony of the fourth degree. If the value of the property or services
stolen is one hundred fifty thousand dollars or more, falsification
in a theft offense is a felony of the third degree.

(3)
Whoever violates division (A)(12) or (B) of this section is guilty of
falsification to purchase a firearm, a felony of the fifth degree.

(4)
Whoever violates division (A)(14) or (C) of this section is guilty of
falsification to obtain a concealed handgun license, a felony of the
fourth degree.

(5)
Whoever violates division (A) of this section in removal proceedings
under section 319.26, 321.37, 507.13, or 733.78 of the Revised Code
is guilty of falsification regarding a removal proceeding, a felony
of the third degree.

(G)
A person who violates this section is liable in a civil action to any
person harmed by the violation for injury, death, or loss to person
or property incurred as a result of the commission of the offense and
for reasonable attorney's fees, court costs, and other expenses
incurred as a result of prosecuting the civil action commenced under
this division. A civil action under this division is not the
exclusive remedy of a person who incurs injury, death, or loss to
person or property as a result of a violation of this section.

Sec.
2921.36.
(A)
No person shall knowingly convey, or attempt to convey, onto the
grounds of a detention facility or of an institution, office
building, or other place that is under the control of the department
of mental health and addiction services, the department of
developmental disabilities, the department of youth services, or the
department of rehabilitation and correction any of the following
items:

(1)
Any deadly weapon or dangerous ordnance, as defined in section
2923.11 of the Revised Code, or any part of or ammunition for use in
such a deadly weapon or dangerous ordnance;

(2)
Any drug of abuse, as defined in section 3719.011 of the Revised
Code;

(3)
Any intoxicating liquor, as defined in section 4301.01 of the Revised
Code, except for small amounts of wine for sacramental purposes when
the person engaging in the specified conduct is a cleric, as defined
in section 2317.02 of the Revised Code.

(B)
Division (A) of this section does not apply to any person who conveys
or attempts to convey an item onto the grounds of a detention
facility or of an institution, office building, or other place under
the control of the department of mental health and addiction
services, the department of developmental disabilities, the
department of youth services, or the department of rehabilitation and
correction pursuant to the written authorization of the person in
charge of the detention facility or the institution, office building,
or other place and in accordance with the written rules of the
detention facility or the institution, office building, or other
place.

(C)
No person shall knowingly deliver, or attempt to deliver, to any
person who is confined in a detention facility, to a child confined
in a youth services facility, to a prisoner who is temporarily
released from confinement for a work assignment, or to any patient in
an institution under the control of the department of mental health
and addiction services or the department of developmental
disabilities any item listed in division (A)(1), (2), or (3) of this
section.

(D)
No person shall knowingly deliver, or attempt to deliver, cash to any
person who is confined in a detention facility, to a child confined
in a youth services facility, or to a prisoner who is temporarily
released from confinement for a work assignment.

(E)
No person shall knowingly deliver, or attempt to deliver, to any
person who is confined in a detention facility, to a child confined
in a youth services facility, or to a prisoner who is temporarily
released from confinement for a work assignment a cellular telephone,
two-way radio, or other electronic communications device.

(F)(1)
It is an affirmative defense to a charge under division (A)(1) of
this section that the weapon or dangerous ordnance in question was
being transported in a motor vehicle for any lawful purpose, that it
was not on the actor's person, and, if the weapon or dangerous
ordnance in question was a firearm, that it was unloaded and was
being carried in a closed package, box, or case or in a compartment
that can be reached only by leaving the vehicle.

(2)
It is an affirmative defense to a charge under division (C) of this
section that the actor was not otherwise prohibited by law from
delivering the item to the confined person, the child, the prisoner,
or the patient and that either of the following applies:

(a)
The actor was permitted by the written rules of the detention
facility or the institution, office building, or other place to
deliver the item to the confined person or the patient.

(b)
The actor was given written authorization by the person in charge of
the detention facility or the institution, office building, or other
place to deliver the item to the confined person or the patient.

(G)(1)
Whoever violates division (A)(1) of this section or commits a
violation of division (C) of this section involving an item listed in
division (A)(1) of this section is guilty of illegal conveyance of
weapons onto the grounds of a specified governmental facility, a
felony of the third degree. If the offender is an officer or employee
of the department of rehabilitation and correction, the court shall
impose a mandatory prison term from the range of definite prison
terms prescribed in division (A)(3)(b) of section 2929.14 of the
Revised Code for a felony of the third degree.

(2)
Whoever violates division (A)(2) of this section or commits a
violation of division (C) of this section involving any drug of abuse
is guilty of illegal conveyance of drugs of abuse onto the grounds of
a specified governmental facility, a felony of the third degree. If
the offender is an officer or employee of the department of
rehabilitation and correction or of the department of youth services,
the court shall impose a mandatory prison term from the range of
definite prison terms prescribed in division (A)(3)(b) of section
2929.14 of the Revised Code for a felony of the third degree.

(3)
Whoever violates division (A)(3) of this section or commits a
violation of division (C) of this section involving any intoxicating
liquor is guilty of illegal conveyance of intoxicating liquor onto
the grounds of a specified governmental facility, a misdemeanor of
the second degree.

(4)
Whoever violates division (D) of this section is guilty of illegal
conveyance of cash onto the grounds of a detention facility, a
misdemeanor of the first degree. If the offender previously has been
convicted of or pleaded guilty to a violation of division (D) of this
section, illegal conveyance of cash onto the grounds of a detention
facility is a felony of the fifth degree.

(5)
Whoever
(5)(a)
Except as provided in division (G)(5)(b) of this section, whoever

violates
division (E) of this section is guilty of illegal conveyance of a
communications device onto the grounds of a specified governmental
facility, a misdemeanor of the first degree, or if the offender
previously has been convicted of or pleaded guilty to a violation of
division (E) of this section, a felony of the fifth degree.

(b)
If the offender is an officer or employee of the department of
rehabilitation and correction or the department of youth services or
a contractor or employee of a contractor providing services to the
department of rehabilitation and correction or the department of
youth services, a violation of division (E) of this section is a
felony of the third degree, and the court shall impose a mandatory
prison term from the range of definite prison terms prescribed in
division (A)(3)(b) of section 2929.14 of the Revised Code for a
felony of the third degree.

Sec.
2921.41.
(A)
No public official or party official shall commit any theft offense,
as defined in division (K) of section 2913.01 of the Revised Code,
when either of the following applies:

(1)
The offender uses the offender's office in aid of committing the
offense or permits or assents to its use in aid of committing the
offense;

(2)
The property or service involved is owned by this state, any other
state, the United States, a county, a municipal corporation, a
township, or any political subdivision, department, or agency of any
of them, is owned by a political party, or is part of a political
campaign fund.

(B)
Whoever violates this section is guilty of theft in office. Except as
otherwise provided in this division, theft in office is a felony of
the fifth degree. If the value of property or services stolen is one
thousand dollars or more and is less than seven thousand five hundred
dollars, theft in office is a felony of the fourth degree. If the
value of property or services stolen is seven thousand five hundred
dollars or more and is less than one hundred fifty thousand dollars,
theft in office is a felony of the third degree. If the value of
property or services stolen is one hundred fifty thousand dollars or
more and is less than seven hundred fifty thousand dollars, theft in
office is a felony of the second degree. If the value of property or
services stolen is seven hundred fifty thousand dollars or more,
theft in office is a felony of the first degree.

(C)(1)
A public official or party official who pleads guilty to theft in
office and whose plea is accepted by the court or a public official
or party official against whom a verdict or finding of guilt for
committing theft in office is returned is forever disqualified from
holding any public office, employment, or position of trust in this
state.

(2)(a)(i)
A court that imposes sentence for a violation of this section based
on conduct described in division (A)(2) of this section shall require
the public official or party official who is convicted of or pleads
guilty to the offense to make restitution for all of the property or
the service that is the subject of the offense, in addition to the
term of imprisonment and any fine imposed. The total amount of
restitution imposed under this division shall include costs of
auditing the public entities specified in division (A)(2) of this
section that own the property or service involved in the conduct
described in that division that is a violation of this section, but,
except as otherwise provided in a negotiated plea agreement, shall
not exceed the amount of the restitution imposed for all of the
property or the service that is the subject of the offense.

(ii)
A court that imposes sentence for a violation of this section based
on conduct described in division (A)(1) of this section and that
determines at trial that this state or a political subdivision of
this state if the offender is a public official, or a political party
in the United States or this state if the offender is a party
official, suffered actual loss as a result of the offense shall
require the offender to make restitution to the state, political
subdivision, or political party for all of the actual loss
experienced, in addition to the term of imprisonment and any fine
imposed. The total amount of restitution imposed under this division
shall include costs of auditing the state, political subdivision, or
political party that suffered the actual loss based on conduct
described in that division that is a violation of this section, but,
except as otherwise provided in a negotiated plea agreement, shall
not exceed the amount of the restitution imposed for all of the
actual loss suffered.

(b)(i)
In any case in which a sentencing court is required to order
restitution under division (C)(2)(a) of this section and in which the
offender, at the time of the commission of the offense or at any
other time, was a member of the public employees retirement system,
the Ohio police and fire pension fund, the state teachers retirement
system, the school employees retirement system, or the state highway
patrol retirement system; was an electing employee, as defined in
section 3305.01 of the Revised Code, participating in an alternative
retirement plan provided pursuant to Chapter 3305. of the Revised
Code; was a participating employee or continuing member, as defined
in section 148.01 of the Revised Code, in a deferred compensation
program offered by the
Ohio

public
employees
deferred
compensation
retirement

board;
was an officer or employee of a municipal corporation who was a
participant in a deferred compensation program offered by that
municipal corporation; was an officer or employee of a government
unit, as defined in section 148.06 of the Revised Code, who was a
participant in a deferred compensation program offered by that
government unit, or was a participating employee, continuing member,
or participant in any deferred compensation program described in this
division and a member of a retirement system specified in this
division or a retirement system of a municipal corporation, the
entity to which restitution is to be made may file a motion with the
sentencing court specifying any retirement system, any provider as
defined in section 3305.01 of the Revised Code, and any deferred
compensation program of which the offender was a member, electing
employee, participating employee, continuing member, or participant
and requesting the court to issue an order requiring the specified
retirement system, the specified provider under the alternative
retirement plan, or the specified deferred compensation program, or,
if more than one is specified in the motion, the applicable
combination of these, to withhold the amount required as restitution
from any payment that is to be made under a pension, annuity, or
allowance, under an option in the alternative retirement plan, under
a participant account, as defined in section 148.01 of the Revised
Code, or under any other type of benefit, other than a survivorship
benefit, that has been or is in the future granted to the offender,
from any payment of accumulated employee contributions standing to
the offender's credit with that retirement system, that provider of
the option under the alternative retirement plan, or that deferred
compensation program, or, if more than one is specified in the
motion, the applicable combination of these, and from any payment of
any other amounts to be paid to the offender upon the offender's
withdrawal of the offender's contributions pursuant to Chapter 145.,
148., 742., 3307., 3309., or 5505. of the Revised Code. A motion
described in this division may be filed at any time subsequent to the
conviction of the offender or entry of a guilty plea. Upon the filing
of the motion, the clerk of the court in which the motion is filed
shall notify the offender, the specified retirement system, the
specified provider under the alternative retirement plan, or the
specified deferred compensation program, or, if more than one is
specified in the motion, the applicable combination of these, in
writing, of all of the following: that the motion was filed; that the
offender will be granted a hearing on the issuance of the requested
order if the offender files a written request for a hearing with the
clerk prior to the expiration of thirty days after the offender
receives the notice; that, if a hearing is requested, the court will
schedule a hearing as soon as possible and notify the offender, any
specified retirement system, any specified provider under an
alternative retirement plan, and any specified deferred compensation
program of the date, time, and place of the hearing; that, if a
hearing is conducted, it will be limited only to a consideration of
whether the offender can show good cause why the requested order
should not be issued; that, if a hearing is conducted, the court will
not issue the requested order if the court determines, based on
evidence presented at the hearing by the offender, that there is good
cause for the requested order not to be issued; that the court will
issue the requested order if a hearing is not requested or if a
hearing is conducted but the court does not determine, based on
evidence presented at the hearing by the offender, that there is good
cause for the requested order not to be issued; and that, if the
requested order is issued, any retirement system, any provider under
an alternative retirement plan, and any deferred compensation program
specified in the motion will be required to withhold the amount
required as restitution from payments to the offender.

(ii)
In any case in which a sentencing court is required to order
restitution under division (C)(2)(a) of this section and in which a
motion requesting the issuance of a withholding order as described in
division (C)(2)(b)(i) of this section is filed, the offender may
receive a hearing on the motion by delivering a written request for a
hearing to the court prior to the expiration of thirty days after the
offender's receipt of the notice provided pursuant to division
(C)(2)(b)(i) of this section. If a request for a hearing is made by
the offender within the prescribed time, the court shall schedule a
hearing as soon as possible after the request is made and shall
notify the offender, the specified retirement system, the specified
provider under the alternative retirement plan, or the specified
deferred compensation program, or, if more than one is specified in
the motion, the applicable combination of these, of the date, time,
and place of the hearing. A hearing scheduled under this division
shall be limited to a consideration of whether there is good cause,
based on evidence presented by the offender, for the requested order
not to be issued. If the court determines, based on evidence
presented by the offender, that there is good cause for the order not
to be issued, the court shall deny the motion and shall not issue the
requested order. If the offender does not request a hearing within
the prescribed time or if the court conducts a hearing but does not
determine, based on evidence presented by the offender, that there is
good cause for the order not to be issued, the court shall order the
specified retirement system, the specified provider under the
alternative retirement plan, or the specified deferred compensation
program, or, if more than one is specified in the motion, the
applicable combination of these, to withhold the amount required as
restitution under division (C)(2)(a) of this section from any
payments to be made under a pension, annuity, or allowance, under a
participant account, as defined in section 148.01 of the Revised
Code, under an option in the alternative retirement plan, or under
any other type of benefit, other than a survivorship benefit, that
has been or is in the future granted to the offender, from any
payment of accumulated employee contributions standing to the
offender's credit with that retirement system, that provider under
the alternative retirement plan, or that deferred compensation
program, or, if more than one is specified in the motion, the
applicable combination of these, and from any payment of any other
amounts to be paid to the offender upon the offender's withdrawal of
the offender's contributions pursuant to Chapter 145., 148., 742.,
3307., 3309., or 5505. of the Revised Code, and to continue the
withholding for that purpose, in accordance with the order, out of
each payment to be made on or after the date of issuance of the
order, until further order of the court. Upon receipt of an order
issued under this division, the public employees retirement system,
the Ohio police and fire pension fund, the state teachers retirement
system, the school employees retirement system, the state highway
patrol retirement system, a municipal corporation retirement system,
the provider under the alternative retirement plan, and the deferred
compensation program offered by the
Ohio

public
employees
deferred
compensation
retirement

board,
a municipal corporation, or a government unit, as defined in section
148.06 of the Revised Code, whichever are applicable, shall withhold
the amount required as restitution, in accordance with the order,
from any such payments and immediately shall forward the amount
withheld to the clerk of the court in which the order was issued for
payment to the entity to which restitution is to be made.

(iii)
Service of a notice required by division (C)(2)(b)(i) or (ii) of this
section shall be effected in the same manner as provided in the Rules
of Civil Procedure for the service of process.

(c)
Consistent with the ruling of the supreme court of the United States
in Kelly v. Robinson, 479 U.S. 36 (1986), restitution imposed under
division (C)(2)(a) of this section is not dischargeable under Chapter
7 of the United States Bankruptcy Code pursuant to 11 U.S.C. 523, as
amended.

(D)
Upon the filing of charges against a person under this section, the
prosecutor, as defined in section 2935.01 of the Revised Code, who is
assigned the case shall send written notice that charges have been
filed against that person to the public employees retirement system,
the Ohio police and fire pension fund, the state teachers retirement
system, the school employees retirement system, the state highway
patrol retirement system, the provider under an alternative
retirement plan, any municipal corporation retirement system in this
state, and the deferred compensation program offered by the
Ohio

public
employees
deferred
compensation
retirement

board,
a municipal corporation, or a government unit, as defined in section
148.06 of the Revised Code. The written notice shall specifically
identify the person charged.

Sec.
2925.14.
(A)
As used in this section, "drug paraphernalia" means any
equipment, product, or material of any kind that is used by the
offender, intended by the offender for use, or designed for use, in
propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the
human body, a controlled substance in violation of this chapter.
"Drug paraphernalia" includes, but is not limited to, any
of the following equipment, products, or materials that are used by
the offender, intended by the offender for use, or designed by the
offender for use, in any of the following manners:

(1)
A kit for propagating, cultivating, growing, or harvesting any
species of a plant that is a controlled substance or from which a
controlled substance can be derived;

(2)
A kit for manufacturing, compounding, converting, producing,
processing, or preparing a controlled substance;

(3)
Any object, instrument, or device for manufacturing, compounding,
converting, producing, processing, or preparing methamphetamine;

(4)
An isomerization device for increasing the potency of any species of
a plant that is a controlled substance;

(5)
Testing equipment for identifying, or analyzing the strength,
effectiveness, or purity of, a controlled substance,
except
for those exempted in
unless

division
(D)(4) of this section

applies
to the testing equipment
;

(6)
A scale or balance for weighing or measuring a controlled substance;

(7)
A diluent or adulterant, such as quinine hydrochloride, mannitol,
mannite, dextrose, or lactose, for cutting a controlled substance;

(8)
A separation gin or sifter for removing twigs and seeds from, or
otherwise cleaning or refining, marihuana;

(9)
A blender, bowl, container, spoon, or mixing device for compounding a
controlled substance;

(10)
A capsule, balloon, envelope, or container for packaging small
quantities of a controlled substance;

(11)
A container or device for storing or concealing a controlled
substance;

(12)
A hypodermic syringe, needle, or instrument for parenterally
injecting a controlled substance into the human body;

(13)
An object, instrument, or device for ingesting, inhaling, or
otherwise introducing into the human body, marihuana, cocaine,
hashish, or hashish oil, such as a metal, wooden, acrylic, glass,
stone, plastic, or ceramic pipe, with or without a screen, permanent
screen, hashish head, or punctured metal bowl; water pipe;
carburetion tube or device; smoking or carburetion mask; roach clip
or similar object used to hold burning material, such as a marihuana
cigarette, that has become too small or too short to be held in the
hand; miniature cocaine spoon, or cocaine vial; chamber pipe;
carburetor pipe; electric pipe; air driver pipe; chillum; bong; or
ice pipe or chiller.

(B)
In determining if any equipment, product, or material is drug
paraphernalia, a court or law enforcement officer shall consider, in
addition to other relevant factors, the following:

(1)
Any statement by the owner, or by anyone in control, of the
equipment, product, or material, concerning its use;

(2)
The proximity in time or space of the equipment, product, or
material, or of the act relating to the equipment, product, or
material, to a violation of any provision of this chapter;

(3)
The proximity of the equipment, product, or material to any
controlled substance;

(4)
The existence of any residue of a controlled substance on the
equipment, product, or material;

(5)
Direct or circumstantial evidence of the intent of the owner, or of
anyone in control, of the equipment, product, or material, to deliver
it to any person whom the owner or person in control of the
equipment, product, or material knows intends to use the object to
facilitate a violation of any provision of this chapter. A finding
that the owner, or anyone in control, of the equipment, product, or
material, is not guilty of a violation of any other provision of this
chapter does not prevent a finding that the equipment, product, or
material was intended or designed by the offender for use as drug
paraphernalia.

(6)
Any oral or written instruction provided with the equipment, product,
or material concerning its use;

(7)
Any descriptive material accompanying the equipment, product, or
material and explaining or depicting its use;

(8)
National or local advertising concerning the use of the equipment,
product, or material;

(9)
The manner and circumstances in which the equipment, product, or
material is displayed for sale;

(10)
Direct or circumstantial evidence of the ratio of the sales of the
equipment, product, or material to the total sales of the business
enterprise;

(11)
The existence and scope of legitimate uses of the equipment, product,
or material in the community;

(12)
Expert testimony concerning the use of the equipment, product, or
material.

(C)(1)
Subject to divisions (D)(2), (3), and (4) of this section, no person
shall knowingly use, or possess with purpose to use, drug
paraphernalia.

(2)
No person shall knowingly sell, or possess or manufacture with
purpose to sell, drug paraphernalia, if the person knows or
reasonably should know that the equipment, product, or material will
be used as drug paraphernalia.

(3)
No person shall place an advertisement in any newspaper, magazine,
handbill, or other publication that is published and printed and
circulates primarily within this state, if the person knows that the
purpose of the advertisement is to promote the illegal sale in this
state of the equipment, product, or material that the offender
intended or designed for use as drug paraphernalia.

(D)(1)
This section does not apply to manufacturers, licensed health
professionals authorized to prescribe drugs, pharmacists, owners of
pharmacies, and other persons whose conduct is in accordance with
Chapters 3719., 4715., 4723., 4729., 4730., 4731., 4741., and 4772.
of the Revised Code. This section shall not be construed to prohibit
the possession or use of a hypodermic as authorized by section
3719.172 of the Revised Code.

(2)
Division (C)(1) of this section does not apply to a person's use, or
possession with purpose to use, any drug paraphernalia that is
equipment, a product, or material of any kind that is used by the
person, intended by the person for use, or designed for use in
storing, containing, concealing, injecting, ingesting, inhaling, or
otherwise introducing into the human body marihuana.

(3)
Division (B)(2) of section 2925.11 of the Revised Code applies with
respect to a violation of division (C)(1) of this section when a
person seeks or obtains medical assistance for another person who is
experiencing a drug overdose, a person experiences a drug overdose
and seeks medical assistance for that overdose, or a person is the
subject of another person seeking or obtaining medical assistance for
that overdose.

(4)
Division (C)(1) of this section does not apply to a person's use, or
possession with purpose to use,
any

drug
testing strips to determine the presence of fentanyl or a
fentanyl-related compound

or
any other equipment, product, or material approved by the state board
of pharmacy, in rules adopted under section 4729.261 of the Revised
Code, as a type of instrument that demonstrates efficacy in reducing
drug poisoning by determining the presence of a specific compound or
group of compounds
.

(E)
Notwithstanding Chapter 2981. of the Revised Code, any drug
paraphernalia that was used, possessed, sold, or manufactured in a
violation of this section shall be seized, after a conviction for
that violation shall be forfeited, and upon forfeiture shall be
disposed of pursuant to division (B) of section 2981.12 of the
Revised Code.

(F)(1)
Whoever violates division (C)(1) of this section is guilty of illegal
use or possession of drug paraphernalia, a misdemeanor of the fourth
degree.

(2)
Except as provided in division (F)(3) of this section, whoever
violates division (C)(2) of this section is guilty of dealing in drug
paraphernalia, a misdemeanor of the second degree.

(3)
Whoever violates division (C)(2) of this section by selling drug
paraphernalia to a juvenile is guilty of selling drug paraphernalia
to juveniles, a misdemeanor of the first degree.

(4)
Whoever violates division (C)(3) of this section is guilty of illegal
advertising of drug paraphernalia, a misdemeanor of the second
degree.

(G)(1)
If the offender is a professionally licensed person, in addition to
any other sanction imposed for a violation of this section, the court
immediately shall comply with section 2925.38 of the Revised Code.

If
the offender has a driver's or commercial driver's license or permit,
section 2929.33 of the Revised Code applies.

(2)
Any offender who received a mandatory suspension of the offender's
driver's or commercial driver's license or permit under this section
prior to September 13, 2016,may file a motion with the sentencing
court requesting the termination of the suspension. However, an
offender who pleaded guilty to or was convicted of a violation of
section 4511.19 of the Revised Code or a substantially similar
municipal ordinance or law of another state or the United States that
arose out of the same set of circumstances as the violation for which
the offender's license or permit was suspended under this section
shall not file such a motion.

Upon
the filing of a motion under division (G)(2) of this section, the
sentencing court, in its discretion, may terminate the suspension.

Sec.
2933.32.
(A)
As used in this section:

(1)
"Body cavity search" means an inspection of the anal or
vaginal cavity of a person that is conducted visually, manually, by
means of any instrument, apparatus, or object, or in any other manner

while
the person is detained or arrested for the alleged commission of a
misdemeanor or traffic offense
.

(2)

"Medical
practitioner" has the same meaning as in section 4743.10 of the
Revised Code.

(3)

"Strip search" means an inspection of the genitalia,
buttocks, breasts, or undergarments of a person that is preceded by
the removal or rearrangement of some or all of the person's clothing
that directly covers the person's genitalia, buttocks, breasts, or
undergarments and that is conducted visually, manually, by means of
any instrument, apparatus, or object, or in any other manner while
the person is detained or arrested for the alleged commission of a
misdemeanor or traffic offense. "Strip search" does not
mean the visual observation of a person who was afforded a reasonable
opportunity to secure release on bail or recognizance, who fails to
secure such release, and who is to be integrated with the general
population of any detention facility, while the person is changing
into clothing that is required to be worn by inmates in the facility.

(B)(1)
Except as authorized by this division, no law enforcement officer,
other employee of a law enforcement agency, physician, or registered
nurse or licensed practical nurse shall conduct or cause to be
conducted a body cavity search or a strip search.

(2)
A body cavity search or strip search may be conducted if a law
enforcement officer or employee of a law enforcement agency has
probable cause to believe that the person is concealing evidence of
the commission of a criminal offense, including fruits or tools of a
crime, contraband, or a deadly weapon, as defined in section 2923.11
of the Revised Code, that could not otherwise be discovered. In
determining probable cause for purposes of this section, a law
enforcement officer or employee of a law enforcement agency shall
consider the nature of the offense with which the person to be
searched is charged
,

and

the circumstances of the person's arrest
,
and, if known, the prior conviction record of the person
.

(3)
A body cavity search or strip search may be conducted for any
legitimate medical or hygienic reason.

(4)
Unless there is a legitimate medical reason or medical emergency
justifying a warrantless search, a body cavity search shall be
conducted only after a search warrant is issued that authorizes the
search. In any case, a body cavity search shall be conducted under
sanitary conditions and only by a physician, or a registered nurse or
licensed practical nurse, who is registered or licensed to practice
in this state.

(5)
Unless there is a legitimate medical reason or medical emergency that
makes obtaining written authorization impracticable, a body cavity
search or strip search shall be conducted only after a law
enforcement officer or employee of a law enforcement agency obtains a
written authorization for the search from the person in command of
the law enforcement agency, or from a person specifically designated
by the person in command to give a written authorization for either
type of search.

(6)
A body cavity search or strip search shall be conducted by a person
or persons who are of the same sex as the person who is being
searched and the search shall be conducted in a manner and in a
location that permits only the person or persons who are physically
conducting the search and the person who is being searched to observe
the search.

(C)(1)
Upon completion of a body cavity search or strip search pursuant to
this section, the person or persons who conducted the search shall
prepare a written report concerning the search that shall include all
of the following:

(a)
The written authorization for the search obtained from the person in
command of the law enforcement agency or
his

that
person's

designee, if required by division (B)(5) of this section;

(b)
The name of the person who was searched;

(c)
The name of the person or persons who conducted the search, the time
and date of the search, and the place at which the search was
conducted;

(d)
A list of the items, if any, recovered during the search;

(e)
The facts upon which the law enforcement officer or employee of the
law enforcement agency based
his

the
officer's or employee's

probable cause for the search, including, but not limited to, the
officer or employee's review of the nature of the offense with which
the searched person is charged
,

and

the circumstances of
his

the
person's

arrest
,
and, if known, his prior conviction record
;

(f)
If the body cavity search was conducted before or without the
issuance of a search warrant pursuant to division (B)(4) of this
section, or if the body cavity or strip search was conducted before
or without the granting of written authorization pursuant to division
(B)(5) of this section, the legitimate medical reason or medical
emergency that justified the warrantless search or made obtaining
written authorization impracticable.

(2)
A copy of the written report required by division (C)(1) of this
section shall be kept on file in the law enforcement agency, and
another copy of it shall be given to the person who was searched.

(D)(1)
This section does not preclude the prosecution of a law enforcement
officer or employee of a law enforcement agency for the violation of
any other section of the Revised Code.

(2)
This section does not limit, and shall not be construed to limit, any
statutory or common law rights of a person to obtain injunctive
relief or to recover damages in a civil action.

(3)
If a person is subjected to a body cavity search or strip search in
violation of this section, any person may commence a civil action to
recover compensatory damages for any injury, death, or loss to person
or property or any indignity arising from the violation. In the civil
action, the court may award punitive damages to the plaintiffs if
they prevail in the action, and it may award reasonable attorney's
fees to the parties who prevail in the action.

(4)
This section does not apply to body cavity searches or strip searches
of persons who have been sentenced to serve a term of imprisonment
and who are serving that term in a detention facility, as defined in
section 2921.01 of the Revised Code.

(E)(1)
Whoever violates division (B) of this section is guilty of conducting
an unauthorized search, a misdemeanor of the first degree.

(2)
Whoever violates division (C) of this section is guilty of failure to
prepare a proper search report, a misdemeanor of the fourth degree.

(F)
A medical practitioner is not required, and a court or other person
shall not order a medical practitioner, to perform any medical
procedure that is inconsistent with the medical practitioner's expert
medical opinion.

Sec.
2949.12.
(A)

Unless
the execution of sentence is suspended

or

,

the
convicted felon has less than thirty days to serve in prison and the
department of rehabilitation and correction, the county sheriff, and
the court agree otherwise,
or,
for convictions occurring on or after the effective date of this
amendment, the convicted felon is under eighteen years of age,
a
convicted felon who is sentenced to serve a term of imprisonment in a
state correctional institution shall be conveyed, within five days
after sentencing, excluding Saturdays, Sundays, and legal holidays,
by the sheriff of the county in which the conviction was had to the
facility that is designated by the department of rehabilitation and
correction for the reception of convicted felons. The sheriff shall
deliver the convicted felon into the custody of the managing officer
of the reception facility and, at that time, unless the department
and the sheriff have agreed to electronically processed prisoner
commitment, shall present the managing officer with a copy of the
convicted felon's sentence that clearly describes each offense for
which the felon was sentenced to a correctional institution,
designates each section of the Revised Code that the felon violated
and that resulted in the felon's conviction and sentence to a
correctional institution, designates the sentence imposed for each
offense for which the felon was sentenced to a correctional
institution, and, pursuant to section 2967.191 of the Revised Code,
specifies the total number of days, if any, that the felon was
confined for any reason prior to conviction and sentence. The
sheriff, at that time, also shall present the managing officer with a
copy of the indictment. The clerk of the court of common pleas shall
furnish the copies of the sentence and indictment. In the case of a
person under the age of eighteen years who is certified to the court
of common pleas by the juvenile court, the clerk of the court of
common pleas also shall attach a copy of the certification to the
copy of the indictment.

The
convicted felon shall be assigned to an institution or designated to
be housed in a county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, if authorized pursuant to
section 5120.161 of the Revised Code, shall be conveyed to the
institution, jail, or workhouse, and shall be kept within the
institution, jail, or workhouse until the term of the felon's
imprisonment expires, the felon is pardoned, paroled, or placed under
a post-release control sanction, or the felon is transferred under
laws permitting the transfer of prisoners. If the execution of the
felon's sentence is suspended, and the judgment thereafter affirmed,
the felon shall be conveyed, in the same manner as if the execution
of the felon's sentence had not been suspended, to the reception
facility as soon as practicable after the judge directs the execution
of sentence. The trial judge or other judge of the court, in the
judge's discretion and for good cause shown, may extend the time of
the conveyance.

(B)(1)
A convicted felon who is under eighteen years old at the execution of
sentence shall be committed to the department of youth services and
assigned to an institution within the department of youth services
and, within five days after sentencing, excluding Saturdays, Sundays,
and legal holidays, the sheriff of the county in which the conviction
was had shall deliver the felon to the facility designated by the
department of youth services. The sheriff, at that time, shall
present the managing officer with a copy of the sentence, a copy of
the indictment, and a copy of the certification from the juvenile
court to the court of common pleas. The convicted felon shall be held
in the institution operated by the department of youth services until
the felon is eighteen years of age, until the term of the felon's
imprisonment expires, until the felon is pardoned, paroled, or placed
under a post-release control sanction, until the department of youth
services, in the discretion of the director of youth services, lacks
capacity to house the felon, or until the felon is transferred under
laws permitting the transfer of prisoners.

(2)
A convicted felon who is committed to the department of youth
services under division (B)(1) of this section shall be transferred
to the department of rehabilitation and correction and committed to
an institution under division (A) of this section for the remainder
of the felon's sentence when the felon attains the age of eighteen or
when the felon, because of a rule violation or violations, is
determined by the department of youth services to a danger to self or
others. At the time of a transfer under division (B)(2) of this
section, the sheriff shall present the managing officer with a copy
of the sentence, a copy of the indictment, and a copy of the
certification from the juvenile court to the court of common pleas.

Sec.
2951.041.
(A)(1)
If an offender is charged with a criminal offense, including but not
limited to a violation of section 2913.02, 2913.03, 2913.11, 2913.21,
2913.31, or 2919.21 of the Revised Code, and the court has reason to
believe that drug or alcohol usage by the offender was a factor
leading to the criminal offense with which the offender is charged or
that, at the time of committing that offense, the offender had a
mental illness, was a person with an intellectual disability, or was
a victim of a violation of section 2905.32 or 2907.21 of the Revised
Code and that the mental illness, status as a person with an
intellectual disability, or fact that the offender was a victim of a
violation of section 2905.32 or 2907.21 of the Revised Code was a
factor leading to the offender's criminal behavior, the court may
accept, prior to the entry of a guilty plea, the offender's request
for intervention in lieu of conviction. The request shall include a
statement from the offender as to whether the offender is alleging
that drug or alcohol usage by the offender was a factor leading to
the criminal offense with which the offender is charged or is
alleging that, at the time of committing that offense, the offender
had a mental illness, was a person with an intellectual disability,
or was a victim of a violation of section 2905.32 or 2907.21 of the
Revised Code and that the mental illness, status as a person with an
intellectual disability, or fact that the offender was a victim of a
violation of section 2905.32 or 2907.21 of the Revised Code was a
factor leading to the criminal offense with which the offender is
charged. The request also shall include a waiver of the defendant's
right to a speedy trial, the preliminary hearing, the time period
within which the grand jury may consider an indictment against the
offender, and arraignment, unless the hearing, indictment, or
arraignment has already occurred. Unless an offender alleges that
drug or alcohol usage by the offender was a factor leading to the
criminal offense with which the offender is charged, the court may
reject an offender's request without a hearing. If the court elects
to consider an offender's request or the offender alleges that drug
or alcohol usage by the offender was a factor leading to the criminal
offense with which the offender is charged, the court shall conduct a
hearing to determine whether the offender is eligible under this
section for intervention in lieu of conviction and shall stay all
criminal proceedings pending the outcome of the hearing. If the court
schedules a hearing, the court shall order an assessment of the
offender for the purpose of determining the offender's program
eligibility for intervention in lieu of conviction and recommending
an appropriate intervention plan.

If
the offender alleges that drug or alcohol usage by the offender was a
factor leading to the criminal offense with which the offender is
charged, the court may order that the offender be assessed by a
community addiction services provider or a properly credentialed
professional for the purpose of determining the offender's program
eligibility for intervention in lieu of conviction and recommending
an appropriate intervention plan. The community addiction services
provider or the properly credentialed professional shall provide a
written assessment of the offender to the court.

(2)
The victim notification provisions of division (E) of section 2930.06
of the Revised Code apply in relation to any hearing held under
division (A)(1) of this section.

(B)
An offender is eligible for intervention in lieu of conviction if the
court finds all of the following:

(1)
The offender previously has not been convicted of or pleaded guilty
to any felony offense of violence.

(2)
The offense is not a felony of the first, second, or third degree, is
not an offense of violence, is not a felony sex offense, is not a
violation of division (A)(1) or (2) of section 2903.06 of the Revised
Code, is not a violation of division (A)(1) of section 2903.08 of the
Revised Code, is not a violation of division (A) of section 4511.19
of the Revised Code or a municipal ordinance that is substantially
similar to that division, and is not an offense for which a
sentencing court is required to impose a mandatory prison term.

(3)
The offender is not charged with a violation of section 2925.02,
2925.04, or 2925.06 of the Revised Code, is not charged with a
violation of section 2925.03 of the Revised Code that is a felony of
the first, second, third, or fourth degree, and is not charged with a
violation of section 2925.11 of the Revised Code that is a felony of
the first or second degree.

(4)
If an offender alleges that drug or alcohol usage by the offender was
a factor leading to the criminal offense with which the offender is
charged, the court has ordered that the offender be assessed by a
community addiction services provider or a properly credentialed
professional for the purpose of determining the offender's program
eligibility for intervention in lieu of conviction and recommending
an appropriate intervention plan, the offender has been assessed by a
community addiction services provider of that nature or a properly
credentialed professional in accordance with the court's order, and
the community addiction services provider or properly credentialed
professional has filed the written assessment of the offender with
the court.

(5)
If an offender alleges that, at the time of committing the criminal
offense with which the offender is charged, the offender had a mental
illness, was a person with an intellectual disability, or was a
victim of a violation of section 2905.32 or 2907.21 of the Revised
Code and that the mental illness, status as a person with an
intellectual disability, or fact that the offender was a victim of a
violation of section 2905.32 or 2907.21 of the Revised Code was a
factor leading to that offense, the offender has been assessed by a
psychiatrist, psychologist, independent social worker, licensed
professional clinical counselor, or independent marriage and family
therapist for the purpose of determining the offender's program
eligibility for intervention in lieu of conviction and recommending
an appropriate intervention plan.

(6)
The offender's drug usage, alcohol usage, mental illness, or
intellectual disability, or the fact that the offender was a victim
of a violation of section 2905.32 or 2907.21 of the Revised Code,
whichever is applicable, was a factor leading to the criminal offense
with which the offender is charged, intervention in lieu of
conviction would not demean the seriousness of the offense, and
intervention would substantially reduce the likelihood of any future
criminal activity.

(7)
The alleged victim of the offense was not sixty-five years of age or
older, permanently and totally disabled, under thirteen years of age,
or a peace officer engaged in the officer's official duties at the
time of the alleged offense.

(8)
If the offender is charged with a violation of section 2925.24 of the
Revised Code, the alleged violation did not result in physical harm
to any person.

(9)
The offender is willing to comply with all terms and conditions
imposed by the court pursuant to division (D) of this section.

(10)
The offender is not charged with an offense that would result in the
offender being disqualified under Chapter 4506. of the Revised Code
from operating a commercial motor vehicle or would subject the
offender to any other sanction under that chapter.

(C)
At the conclusion of a hearing held pursuant to division (A) of this
section, the court shall determine whether the offender will be
granted intervention in lieu of conviction. In making this
determination, the court shall presume that intervention in lieu of
conviction is appropriate. If the court finds under this division and
division (B) of this section that the offender is eligible for
intervention in lieu of conviction, the court shall grant the
offender's request unless the court finds specific reasons to believe
that the candidate's participation in intervention in lieu of
conviction would be inappropriate.

If
the court denies an eligible offender's request for intervention in
lieu of conviction, the court shall state the reasons for the denial,
with particularity, in a written entry.

If
the court grants the offender's request, the court shall accept the
offender's plea of guilty and waiver of the defendant's right to a
speedy trial, the preliminary hearing, the time period within which
the grand jury may consider an indictment against the offender, and
arraignment, unless the hearing, indictment, or arraignment has
already occurred. In addition, the court then may stay all criminal
proceedings and order the offender to comply with all terms and
conditions imposed by the court pursuant to division (D) of this
section. If the court finds that the offender is not eligible or does
not grant the offender's request, the criminal proceedings against
the offender shall proceed as if the offender's request for
intervention in lieu of conviction had not been made.

(D)
If the court grants an offender's request for intervention in lieu of
conviction, all of the following apply:

(1)
The court shall place the offender under the general control and
supervision of one of the following, as if the offender was subject
to a community control sanction imposed under section 2929.15,
2929.18, or 2929.25 of the Revised Code:

(a)
The county probation department, the adult parole authority, or
another appropriate local probation or court services agency, if one
exists;

(b)
If the court grants the request for intervention in lieu of
conviction during the period commencing on April 4, 2023, and ending
on October 15, 2025, a community-based correctional facility.

(2)
The court shall establish an intervention plan for the offender.

(3)
The terms and conditions of the intervention plan required under
division (D)(2) of this section shall require the offender, for at
least one year, but not more than five years, from the date on which
the court grants the order of intervention in lieu of conviction, to
abstain from the use of illegal drugs and alcohol, to participate in
treatment and recovery support services, and to submit to regular
random testing for drug and alcohol use and may include any other
treatment terms and conditions, or terms and conditions similar to
community control sanctions, which may include community service or
restitution, that are ordered by the court.

(E)
If the court grants an offender's request for intervention in lieu of
conviction and the court finds that the offender has successfully
completed the intervention plan for the offender, including the
requirement that the offender abstain from using illegal drugs and
alcohol for a period of at least one year, but not more than five
years, from the date on which the court granted the order of
intervention in lieu of conviction, the requirement that the offender
participate in treatment and recovery support services, and all other
terms and conditions ordered by the court, the court shall dismiss
the proceedings against the offender. Successful completion of the
intervention plan and period of abstinence under this section shall
be without adjudication of guilt and is not a criminal conviction for
purposes of any disqualification or disability imposed by law and
upon conviction of a crime, and the court may order the sealing or
expungement of records related to the offense in question, as a
dismissal of the charges, in the manner provided in sections 2953.31,
2953.33, 2953.37, and 2953.521 of the Revised Code and divisions (H),
(K), and (L) of section 2953.34 of the Revised Code.

(F)
If the court grants an offender's request for intervention in lieu of
conviction and the offender fails to comply with any term or
condition imposed as part of the intervention plan for the offender,
the supervising authority for the offender promptly shall advise the
court of this failure, and the court shall hold a hearing to
determine whether the offender failed to comply with any term or
condition imposed as part of the plan. If the court determines that
the offender has failed to comply with any of those terms and
conditions, it may continue the offender on intervention in lieu of
conviction, continue the offender on intervention in lieu of
conviction with additional terms, conditions, and sanctions,

including
placing the offender under the general control and supervision of a
community-based correctional facility,

or enter a finding of guilty and impose an appropriate sanction under
Chapter 2929. of the Revised Code. If the court sentences the
offender to a prison term, the court, after consulting with the
department of rehabilitation and correction regarding the
availability of services, may order continued court-supervised
activity and treatment of the offender during the prison term and,
upon consideration of reports received from the department concerning
the offender's progress in the program of activity and treatment, may
consider judicial release under section 2929.20 of the Revised Code.

(G)
As used in this section:

(1)
"Community addiction services provider" has the same
meaning as in section 5119.01 of the Revised Code.

(2)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.

(3)
"Intervention in lieu of conviction" means any
court-supervised activity that complies with this section.

(4)
"Intellectual disability" has the same meaning as in
section 5123.01 of the Revised Code.

(5)
"Peace officer" has the same meaning as in section 2935.01
of the Revised Code.

(6)
"Mental illness" and "psychiatrist" have the same
meanings as in section 5122.01 of the Revised Code.

(7)
"Psychologist" has the same meaning as in section 4732.01
of the Revised Code.

(8)
"Felony sex offense" means a violation of a section
contained in Chapter 2907. of the Revised Code that is a felony.

Sec.
2953.32.
(A)(1)
Sections 2953.32
to

and

2953.34
of the Revised Code do not apply to any of the following:

(a)
Convictions under Chapter 4506., 4507., 4510., 4511., or 4549. of the
Revised Code, or a conviction for a violation of a municipal
ordinance that is substantially similar to any section contained in
any of those chapters;

(b)
Convictions of a felony offense of violence that is not a sexually
oriented offense;

(c)
Convictions of a sexually oriented offense when the offender is
subject to the requirements of Chapter 2950. of the Revised Code or
Chapter 2950. of the Revised Code as it existed prior to January 1,
2008;

(d)
Convictions of an offense in circumstances in which the victim of the
offense was less than thirteen years of age, except for convictions
under section 2919.21 of the Revised Code;

(e)
Convictions for a violation of section 2921.41 of the Revised Code;

(f)
Convictions of a felony of the first or second degree;

(g)
Convictions for a violation of section 2919.25 of the Revised Code
that is a misdemeanor of the first or second degree or convictions
for a violation of a municipal ordinance that is substantially
similar to that section;

(h)
Convictions of a felony of the third degree if the offender has more
than one other conviction of any felony or, if the person has exactly
two convictions of a felony of the third degree, has more convictions
in total than those two third degree felony convictions and two
misdemeanor convictions.

(2)
Sections 2953.32 to 2953.34 of the Revised Code apply to the
following for purposes of sealing, but not for purposes of
expungement of the record of the case:

(a)
Convictions for a violation of section 2919.25 of the Revised Code
that is a misdemeanor of the third or fourth degree or convictions
for a violation of a municipal ordinance that is substantially
similar to that section;

(b)
Convictions for a violation of section 2919.27 of the Revised Code or
convictions for a violation of a municipal ordinance that is
substantially similar to that section.

(3)
For purposes of division (A)(1)(h) of this section, both of the
following apply:

(a)
When two or more convictions result from or are connected with the
same act or result from offenses committed at the same time, they
shall be counted as one conviction.

(b)
When two or three convictions result from the same indictment,
information, or complaint, from the same plea of guilty, or from the
same official proceeding, and result from related criminal acts that
were committed within a three-month period but do not result from the
same act or from offenses committed at the same time, they shall be
counted as one conviction, provided that a court may decide as
provided in division (D)(1)(i) of this section that it is not in the
public interest for the two or three convictions to be counted as one
conviction.

(B)(1)
Except as provided in section 2953.61 of the Revised Code or as
otherwise provided in division (B)(1)(a)(iii) of this section, an
eligible offender may apply to the sentencing court if convicted in
this state, or to a court of common pleas if convicted in another
state or in a federal court, for the sealing or expungement of the
record of the case that pertains to the conviction, except for
convictions listed in division (A)(1) of this section. Application
may be made at whichever of the following times is applicable
regarding the offense:

(a)
An application for sealing under this section may be made at
whichever of the following times is applicable regarding the offense:

(i)
Except as otherwise provided in division (B)(1)(a)(iv) of this
section, at the expiration of three years after the offender's final
discharge if convicted of one or two felonies of the third degree, so
long as none of the offenses is a violation of section 2921.43 of the
Revised Code;

(ii)
Except as otherwise provided in division (B)(1)(a)(iv) of this
section, at the expiration of one year after the offender's final
discharge if convicted of one or more felonies of the fourth or fifth
degree or one or more misdemeanors, so long as none of the offenses
is a violation of section 2921.43 of the Revised Code or a felony
offense of violence;

(iii)
At the expiration of seven years after the offender's final discharge
if the record includes one or more convictions of soliciting improper
compensation in violation of section 2921.43 of the Revised Code;

(iv)
If the offender was subject to the requirements of Chapter 2950. of
the Revised Code or Chapter 2950. of the Revised Code as it existed
prior to January 1, 2008, at the expiration of five years after the
requirements have ended under section 2950.07 of the Revised Code or
section 2950.07 of the Revised Code as it existed prior to January 1,
2008, or are terminated under section 2950.15 or 2950.151 of the
Revised Code;

(v)
At the expiration of six months after the offender's final discharge
if convicted of a minor misdemeanor.

(b)
An application for expungement under this section may be made at
whichever of the following times is applicable regarding the offense:

(i)
Except as otherwise provided in division (B)(1)(b)(ii) of this
section, if the offense is a misdemeanor, at the expiration of one
year after the offender's final discharge;

(ii)
If the offense is a minor misdemeanor, at the expiration of six
months after the offender's final discharge;

(iii)
If the offense is a felony, at the expiration of ten years after the
time specified in division (B)(1)(a) of this section at which the
person may file an application for sealing with respect to that
felony offense.

(2)
Any person who has been arrested for any misdemeanor offense and who
has effected a bail forfeiture for the offense charged may apply to
the court in which the misdemeanor criminal case was pending when
bail was forfeited for the sealing or expungement of the record of
the case that pertains to the charge. Except as provided in section
2953.61 of the Revised Code, the application may be filed at
whichever of the following times is applicable regarding the offense:

(a)
An application for sealing under this section may be made at any time
after the date on which the bail forfeiture was entered upon the
minutes of the court or the journal, whichever entry occurs first.

(b)
An application for expungement under this section may be made at
whichever of the following times is applicable regarding the offense:

(i)
Except as provided in division (B)(2)(b)(ii) of this section, at any
time after the expiration of one year from the date on which the bail
forfeiture was entered upon the minutes of the court or the journal,
whichever entry occurs first;

(ii)
If the offense is a minor misdemeanor, at any time after the
expiration of six months from the date on which the bail forfeiture
was entered upon the minutes of the court or the journal, whichever
entry occurs first.

(C)
Upon the filing of an application under this section, the court shall
set a date for a hearing and shall notify the prosecutor for the case
of the hearing on the application not less than sixty days prior to
the hearing. Pursuant to the Ohio Constitution, the prosecutor shall
provide timely notice of the application and the date and time of the
hearing to a victim and victim's representative, if applicable, if
the victim or victim's representative requested notice of the
proceedings in the underlying case. The court shall hold the hearing
not less than forty-five days and not more than ninety days from the
date of the filing of the application. The prosecutor may object to
the granting of the application by filing a written objection with
the court not later than thirty days prior to the date set for the
hearing. The prosecutor shall specify in the objection the reasons
for believing a denial of the application is justified. The victim,
victim's representative, and victim's attorney, if applicable, may be
present and heard orally, in writing, or both at any hearing under
this section. The court shall direct its regular probation officer, a
state probation officer, or the department of probation of the county
in which the applicant resides to make inquiries and written reports
as the court requires concerning the applicant. The probation officer
or county department of probation that the court directs to make
inquiries and written reports as the court requires concerning the
applicant shall determine whether or not the applicant was
fingerprinted at the time of arrest or under section 109.60 of the
Revised Code. If the applicant was so fingerprinted, the probation
officer or county department of probation shall include with the
written report a record of the applicant's fingerprints. If the
applicant was convicted of or pleaded guilty to a violation of
division (A)(2) or (B) of section 2919.21 of the Revised Code, the
probation officer or county department of probation that the court
directed to make inquiries concerning the applicant shall contact the
child support enforcement agency enforcing the applicant's
obligations under the child support order to inquire about the
offender's compliance with the child support order.

(D)(1)
At the hearing held under division (C) of this section, the court
shall do each of the following:

(a)
Determine whether the applicant is pursuing sealing or expunging a
conviction of an offense that is prohibited under division (A) of
this section or whether the forfeiture of bail was agreed to by the
applicant and the prosecutor in the case, and determine whether the
application was made at the time specified in division (B)(1)(a) or
(b) or division (B)(2)(a) or (b) of this section that is applicable
with respect to the application and the subject offense;

(b)
Determine whether criminal proceedings are pending against the
applicant;

(c)
Determine whether the applicant has been rehabilitated to the
satisfaction of the court;

(d)
If the prosecutor has filed an objection in accordance with division
(C) of this section, consider the reasons against granting the
application specified by the prosecutor in the objection;

(e)
If the victim objected, pursuant to the Ohio Constitution, consider
the reasons against granting the application specified by the victim
in the objection;

(f)
Weigh the interests of the applicant in having the records pertaining
to the applicant's conviction or bail forfeiture sealed or expunged
against the legitimate needs, if any, of the government to maintain
those records;

(g)
Consider the oral or written statement of any victim, victim's
representative, and victim's attorney, if applicable;

(h)
If the applicant was an eligible offender of the type described in
division (A)(3) of section 2953.36 of the Revised Code as it existed
prior to April 4, 2023, determine whether the offender has been
rehabilitated to a satisfactory degree. In making the determination,
the court may consider all of the following:

(i)
The age of the offender;

(ii)
The facts and circumstances of the offense;

(iii)
The cessation or continuation of criminal behavior;

(iv)
The education and employment of the offender;

(v)
Any other circumstances that may relate to the offender's
rehabilitation.

(i)
If the court is required to determine whether an applicant for
sealing or expungement has two or three convictions that result from
the same indictment, information, or complaint, from the same plea of
guilty, or from the same official proceeding, and result from related
criminal acts that were committed within a three-month period but do
not result from the same act or from offenses committed at the same
time, in making its determination, the court initially shall
determine whether it is not in the public interest for the two or
three convictions to be counted as one conviction. If the court
determines that it is not in the public interest for the two or three
convictions to be counted as one conviction, the court shall
determine whether, when counting the convictions individually, the
applicant is pursuing sealing or expunging a conviction that is
prohibited under division (A) of this section.

(2)
If the court determines, after complying with division (D)(1) of this
section, that the offender is not pursuing sealing or expunging a
conviction of an offense that is prohibited under division (A) of
this section or that the forfeiture of bail was agreed to by the
applicant and the prosecutor in the case, that the application was
made at the time specified in division (B)(1)(a) or (b) or division
(B)(2)(a) or (b) of this section that is applicable with respect to
the application and the subject offense, that no criminal proceeding
is pending against the applicant, that the interests of the applicant
in having the records pertaining to the applicant's conviction or
bail forfeiture sealed or expunged are not outweighed by any
legitimate governmental needs to maintain those records, and that the
rehabilitation of the applicant has been attained to the satisfaction
of the court, both of the following apply:

(a)
The court, except as provided in division (D)(4) or (5) of this
section or division (D), (F), or (G) of section 2953.34 of the
Revised Code, shall order all official records of the case that
pertain to the conviction or bail forfeiture sealed if the
application was for sealing or expunged if the application was for
expungement and, except as provided in division (C) of section
2953.34 of the Revised Code, all index references to the case that
pertain to the conviction or bail forfeiture deleted and, in the case
of bail forfeitures, shall dismiss the charges in the case.

(b)
The proceedings in the case that pertain to the conviction or bail
forfeiture shall be considered not to have occurred and the
conviction or bail forfeiture of the person who is the subject of the
proceedings shall be sealed if the application was for sealing or
expunged if the application was for expungement, except that upon
conviction of a subsequent offense, a sealed record of prior
conviction or bail forfeiture may be considered by the court in
determining the sentence or other appropriate disposition, including
the relief provided for in sections 2953.31, 2953.32, and 2953.34 of
the Revised Code.

(3)
An applicant may request the sealing or expungement of the records of
more than one case in a single application under this section. Upon
the filing of an application under this section, the applicant,
unless the applicant presents a poverty affidavit showing that the
applicant is indigent, shall pay an application fee of fifty dollars
and may pay a local court fee of not more than fifty dollars,
regardless of the number of records the application requests to have
sealed or expunged. If the applicant pays a fee, the court shall pay
three-fifths of the fee collected into the state treasury, with half
of that amount credited to the attorney general reimbursement fund
created by section 109.11 of the Revised Code. If the applicant pays
a fee, the court shall pay two-fifths of the fee collected into the
county general revenue fund if the sealed or expunged conviction or
bail forfeiture was pursuant to a state statute, or into the general
revenue fund of the municipal corporation involved if the sealed or
expunged conviction or bail forfeiture was pursuant to a municipal
ordinance.

(4)
If the court orders the official records pertaining to the case
sealed or expunged, the court shall do one of the following:

(a)
If the applicant was fingerprinted at the time of arrest or under
section 109.60 of the Revised Code and the record of the applicant's
fingerprints was provided to the court under division (C) of this
section, forward a copy of the sealing or expungement order and the
record of the applicant's fingerprints to the bureau of criminal
identification and investigation.

(b)
If the applicant was not fingerprinted at the time of arrest or under
section 109.60 of the Revised Code, or the record of the applicant's
fingerprints was not provided to the court under division (C) of this
section, but fingerprinting was required for the offense, order the
applicant to appear before a sheriff to have the applicant's
fingerprints taken according to the fingerprint system of
identification on the forms furnished by the superintendent of the
bureau of criminal identification and investigation. The sheriff
shall forward the applicant's fingerprints to the court. The court
shall forward the applicant's fingerprints and a copy of the sealing
or expungement order to the bureau of criminal identification and
investigation.

Failure
of the court to order fingerprints at the time of sealing or
expungement does not constitute a reversible error.

(5)
Notwithstanding any other provision of the Revised Code to the
contrary, when the bureau of criminal identification and
investigation receives notice from a court that the record of a
conviction or bail forfeiture has been expunged under this section,
the bureau of criminal identification and investigation shall
maintain a record of the expunged conviction record for the limited
purpose of determining an individual's qualification or
disqualification for employment in law enforcement. The bureau of
criminal identification and investigation shall not be compelled by
the court to destroy, delete, or erase those records so that the
records are permanently irretrievable. These records may only be
disclosed or provided to law enforcement for the limited purpose of
determining an individual's qualification or disqualification for
employment in law enforcement.

When
any other entity other than the bureau of criminal identification and
investigation receives notice from a court that the record of a
conviction or bail forfeiture has been expunged under this section,
the entity shall destroy, delete, and erase the record as appropriate
for the record's physical or electronic form or characteristic so
that the record is permanently irretrievable.

Sec.
2967.14.
(A)

As
used in this section:

(1)
"School" has the same meaning as in section 2925.01 of the
Revised Code.

(2)
"Child care center" has the same meaning as in section
5104.01 of the Revised Code.

(B)

The department of rehabilitation and correction or the adult parole
authority may require or allow a parolee, a releasee, or a prisoner
otherwise released from a state correctional institution to reside in
a halfway house or other suitable community residential center that
has been licensed by the division of parole and community services
pursuant to division
(C)

(D)

of
this section during a part or for the entire period of the offender's
or parolee's conditional release or of the releasee's term of
post-release control. The court of common pleas that placed an
offender under a sanction consisting of a term in a halfway house or
in an alternative residential sanction may require the offender to
reside in a halfway house or other suitable community residential
center that is designated by the court and that has been licensed by
the division pursuant to division
(C)

(D)

of
this section during a part or for the entire period of the offender's
residential sanction.

(B)

(C)

The
division of parole and community services may negotiate and enter
into agreements with any public or private agency or a department or
political subdivision of the state that operates a halfway house,
reentry center, or community residential center that has been
licensed by the division pursuant to division
(C)

(D)

of
this section. An agreement under this division shall provide for the
purchase of beds, shall set limits of supervision and levels of
occupancy, and shall determine the scope of services for all eligible
offenders, including those subject to a residential sanction, as
defined in rules adopted by the director of rehabilitation and
correction in accordance with Chapter 119. of the Revised Code, or
those released from prison without supervision. The payments for beds
and services shall not exceed the total operating costs of the
halfway house, reentry center, or community residential center during
the term of an agreement. The director of rehabilitation and
correction shall adopt rules in accordance with Chapter 119. of the
Revised Code for determining includable and excludable costs and
income to be used in computing the agency's average daily per capita
costs with its facility at full occupancy.

The
director of rehabilitation and correction shall adopt rules providing
for the use of no more than fifteen per cent of the amount
appropriated to the department each fiscal year for the halfway
house, reentry center, and community residential center program to
pay for contracts with licensed halfway houses for nonresidential
services for offenders under the supervision of the adult parole
authority, including but not limited to, offenders supervised
pursuant to an agreement entered into by the adult parole authority
and a court of common pleas under section 2301.32 of the Revised
Code. The nonresidential services may include, but are not limited
to, treatment for substance abuse, mental health counseling,
counseling for sex offenders, electronic monitoring services,
aftercare, and other nonresidential services that the director
identifies by rule.

(C)

(D)

The
division of parole and community services may license a halfway
house, reentry center, or community residential center as a suitable
facility for the care and treatment of adult offenders, including
offenders sentenced under section 2929.16 or 2929.26 of the Revised
Code, only if the halfway house, reentry center, or community
residential center
does
not operate within five hundred feet of a school or child care
center, except as provided in division (F) of this section, and

complies
with the standards that the division adopts in accordance with
Chapter 119. of the Revised Code for the licensure of halfway houses,
reentry centers, and community residential centers. The division
shall annually inspect each licensed halfway house, licensed reentry
center, and licensed community residential center to determine if it
is in compliance with the licensure standards.

(D)

(E)

The
division of parole and community services may expend up to one-half
per cent of the annual appropriation made for halfway house programs,
for goods or services that benefit those programs.

(F)
The requirement in division (D) of this section that a halfway house,
reentry center, or community residential center not operate within
five hundred feet of a school or child care center does not apply to
either of the following:

(1)
A halfway house, reentry center, or community residential center
that, prior to the effective date of this amendment, has operated
within five hundred feet of a school or child care center;

(2)
A halfway house, reentry center, or community residential center that
was licensed and operating prior to a school or child care center
locating within five hundred feet of the halfway house, reentry
center, or community residential center.

Sec.
2967.18.
(A)
Whenever the director of rehabilitation and correction determines
that the total population of the state correctional institutions for
males and females, the total population of the state correctional
institutions for males, or the total population of the state
correctional institutions for females exceeds the capacity of those
institutions and that an overcrowding emergency exists, the director
shall notify the
correctional
institution inspection committee
attorney
general
of
the emergency and provide the
committee

attorney
general
with
information in support of the director's determination. The director
shall not notify the
committee

attorney
general
that
an overcrowding emergency exists unless the director determines that
no other reasonable method is available to resolve the overcrowding
emergency.

(B)
On receipt of the notice given pursuant to division (A) of this
section, the
correctional
institution inspection committee
attorney
general
promptly
shall review the determination of the director of rehabilitation and
correction. Notwithstanding any other provision of the Revised Code
or the Administrative Code that governs the lengths of criminal
sentences, sets forth the time within which a prisoner is eligible
for parole or within which a prisoner may apply for release, or
regulates the procedure for granting parole or release to prisoners
confined in state correctional institutions, the
committee

attorney
general
may
recommend to the governor that the prison terms of eligible male,
female, or all prisoners, as determined under division (E) of this
section, be reduced by thirty, sixty, or ninety days, in the manner
prescribed in that division.

(C)
If the
correctional
institution inspection committee
attorney
general
disagrees
with the determination of the director of rehabilitation and
correction that an overcrowding emergency exists, if the
committee

attorney
general
finds
that an overcrowding emergency exists but does not make a
recommendation pursuant to division (B) of this section, or if the

committee

attorney
general
does
not make a finding or a recommendation pursuant to that division
within thirty days of receipt of the notice given pursuant to
division (A) of this section, the director may recommend to the
governor that the action set forth in division (B) of this section be
taken.

(D)
Upon receipt of a recommendation from the
correctional
institution inspection committee
attorney
general
or
the director of rehabilitation and correction made pursuant to this
section, the governor may declare in writing that an overcrowding
emergency exists in all of the institutions within the control of the
department in which men are confined, in which women are confined, or
both. The declaration shall state that the adult parole authority
shall take the action set forth in division (B) of this section.
After the governor makes the declaration, the director shall file a
copy of it with the secretary of state, and the copy is a public
record.

The
department may begin to implement the declaration of the governor
made pursuant to this section on the date that it is filed with the
secretary of state. The department shall begin to implement the
declaration within thirty days after the date of filing. The
declaration shall be implemented in accordance with division (E) of
this section.

(E)(1)
No reduction of sentence pursuant to division (B) of this section
shall be granted to any of the following:

(a)
A person who is serving a term of imprisonment for aggravated murder,
murder, voluntary manslaughter, involuntary manslaughter, felonious
assault, kidnapping, rape, aggravated arson, aggravated robbery, or
any other offense punishable by life imprisonment or by an indefinite
term of a specified number of years to life, or for conspiracy in,
complicity in, or attempt to commit any of those offenses;

(b)
A person who is serving a term of imprisonment for any felony other
than carrying a concealed weapon that was committed while the person
had a firearm, as defined in section 2923.11 of the Revised Code, on
or about the offender's person or under the offender's control;

(c)
A person who is serving a term of imprisonment for a violation of
section 2925.03 of the Revised Code;

(d)
A person who is serving a term of imprisonment for engaging in a
pattern of corrupt activity;

(e)
A person who is serving a prison term or term of life imprisonment
without parole imposed pursuant to section 2971.03 of the Revised
Code;

(f)
A person who was denied parole or release pursuant to section 2929.20
of the Revised Code during the term of imprisonment the person
currently is serving.

(2)
A declaration of the governor that requires the adult parole
authority to take the action set forth in division (B) of this
section shall be implemented only by reducing the prison terms of
prisoners who are not in any of the categories set forth in division
(E)(1) of this section, and only by granting reductions of prison
terms in the following order:

(a)
Under any such declaration, prison terms initially shall be reduced
only for persons who are not in any of the categories set forth in
division (E)(1) of this section and who are not serving a term of
imprisonment for any of the following offenses:

(i)
An offense of violence that is a felony of the first, second, or
third degree or that, under the law in existence prior to
the
effective date of this amendment

July
1, 1996
,
was an aggravated felony of the first, second, or third degree or a
felony of the first or second degree;

(ii)
An offense set forth in Chapter 2925. of the Revised Code that is a
felony of the first or second degree.

(b)
If every person serving a term of imprisonment at the time of the
implementation of any such declaration who is in the class of persons
eligible for the initial reduction of prison terms, as described in
division (E)(2)(a) of this section, has received a total of ninety
days of term reduction for each three years of imprisonment actually
served, then prison terms may be reduced for all other persons
serving a term of imprisonment at that time who are not in any of the
categories set forth in division (E)(1) of this section.

(F)
An offender who is released from a state correctional institution
pursuant to this section is subject to post-release control sanctions
imposed by the adult parole authority as if the offender was a
prisoner described in division (B) of section 2967.28 of the Revised
Code who was being released from imprisonment.

(G)
If more than one overcrowding emergency is declared while a prisoner
is serving a prison term, the total term reduction for that prisoner
as the result of multiple declarations shall not exceed ninety days
for each three years of imprisonment actually served.

Sec.
2967.26.
(A)(1)
The department of rehabilitation and correction, by rule, may
establish a transitional control program for the purpose of closely
monitoring a prisoner's adjustment to community supervision during
the final one hundred eighty days of the prisoner's confinement. If
the department establishes a transitional control program under this
division, the division of parole and community services of the
department of rehabilitation and correction may transfer eligible
prisoners to transitional control status under the program during the
final one hundred eighty days of their confinement and under the
terms and conditions established by the department, shall provide for
the confinement as provided in this division of each eligible
prisoner so transferred, and shall supervise each eligible prisoner
so transferred in one or more community control sanctions. Each
eligible prisoner who is transferred to transitional control status
under the program shall be confined in a suitable facility that is
licensed pursuant to division
(C)

(D)

of
section 2967.14 of the Revised Code, or shall be confined in a
residence the department has approved for this purpose and be
monitored pursuant to an electronic monitoring device, as defined in
section 2929.01 of the Revised Code. If the department establishes a
transitional control program under this division, the rules
establishing the program shall include criteria that define which
prisoners are eligible for the program, criteria that must be
satisfied to be approved as a residence that may be used for
confinement under the program of a prisoner that is transferred to it
and procedures for the department to approve residences that satisfy
those criteria, and provisions of the type described in division (C)
of this section. At a minimum, the criteria that define which
prisoners are eligible for the program shall provide all of the
following:

(a)
That a prisoner is eligible for the program if the prisoner is
serving a prison term or term of imprisonment for an offense
committed prior to March 17, 1998, and if, at the time at which
eligibility is being determined, the prisoner would have been
eligible for a furlough under this section as it existed immediately
prior to March 17, 1998, or would have been eligible for conditional
release under former section 2967.23 of the Revised Code as that
section existed immediately prior to March 17, 1998;

(b)
That no prisoner who is serving a mandatory prison term is eligible
for the program until after expiration of the mandatory term;

(c)
That no prisoner who is serving a prison term or term of life
imprisonment without parole imposed pursuant to section 2971.03 of
the Revised Code is eligible for the program.

(2)
At least sixty days prior to transferring to transitional control
under this section a prisoner who is serving a definite term of
imprisonment or definite prison term of less than one year for an
offense committed on or after July 1, 1996, or who is serving a
minimum term of less than one year under a non-life felony indefinite
prison term, on or after April 4, 2023, the division of parole and
community services of the department of rehabilitation and correction
shall give notice of the pendency of the transfer to transitional
control to the court of common pleas of the county in which the
indictment against the prisoner was found and of the fact that the
court may disapprove the transfer of the prisoner to transitional
control and shall include the institutional summary report prepared
by the head of the state correctional institution in which the
prisoner is confined. The head of the state correctional institution
in which the prisoner is confined, upon the request of the division
of parole and community services, shall provide to the division for
inclusion in the notice sent to the court under this division an
institutional summary report on the prisoner's conduct in the
institution and in any institution from which the prisoner may have
been transferred. The institutional summary report shall cover the
prisoner's participation in school, vocational training, work,
treatment, and other rehabilitative activities and any disciplinary
action taken against the prisoner. If the court disapproves of the
transfer of the prisoner to transitional control, the court shall
notify the division of the disapproval within thirty days after
receipt of the notice. If the court timely disapproves the transfer
of the prisoner to transitional control, the division shall not
proceed with the transfer. If the court does not timely disapprove
the transfer of the prisoner to transitional control, the division
may transfer the prisoner to transitional control.

(3)(a)
If the victim of an offense for which a prisoner was sentenced to a
prison term or term of imprisonment has requested notification under
section 2930.16 of the Revised Code and has provided the department
of rehabilitation and correction with the victim's name and address
or if division (A)(3)(b) of this section applies, the division of
parole and community services, at least sixty days prior to
transferring the prisoner to transitional control pursuant to this
section, shall notify the victim and the victim's representative, if
applicable, of the pendency of the transfer and of the victim's and
victim's representative's right to submit a statement to the division
regarding the impact of the transfer of the prisoner to transitional
control. If the victim or victim's representative's subsequently
submits a statement of that nature to the division, the division
shall consider the statement in deciding whether to transfer the
prisoner to transitional control.

(b)
If a prisoner is incarcerated for the commission of aggravated
murder, murder, or an offense of violence that is a felony of the
first, second, or third degree or under a sentence of life
imprisonment, except as otherwise provided in this division, the
notice described in division (A)(3)(a) of this section shall be given
regardless of whether the victim has requested the notification. The
notice described in division (A)(3)(a) of this section shall not be
given under this division to a victim if the victim has requested
pursuant to division (B)(2) of section 2930.03 of the Revised Code
that the victim not be provided the notice. If notice is to be
provided to a victim under this division, the authority may give the
notice by any reasonable means, including regular mail, telephone,
and electronic mail, in accordance with division (D)(1) of section
2930.16 of the Revised Code. If the notice is based on an offense
committed prior to March 22, 2013, the notice also shall include the
opt-out information described in division (D)(1) of section 2930.16
of the Revised Code. The authority, in accordance with division
(D)(2) of section 2930.16 of the Revised Code, shall keep a record of
all attempts to provide the notice, and of all notices provided,
under this division.

Division
(A)(3)(b) of this section, and the notice-related provisions of
divisions (E)(2) and (K) of section 2929.20, division (D)(1) of
section 2930.16, division (H) of section 2967.12, division (E)(1)(b)
of section 2967.19 as it existed prior to April 4, 2023, division
(D)(1) of section 2967.28, and division (A)(2) of section 5149.101 of
the Revised Code enacted in the act in which division (A)(3)(b) of
this section was enacted, shall be known as "Roberta's Law."

(4)
The department of rehabilitation and correction, at least sixty days
prior to transferring a prisoner to transitional control pursuant to
this section, shall post on the database it maintains pursuant to
section 5120.66 of the Revised Code the prisoner's name and all of
the information specified in division (A)(1)(c)(iv) of that section.
In addition to and independent of the right of a victim to submit a
statement as described in division (A)(3) of this section or to
otherwise make a statement and in addition to and independent of any
other right or duty of a person to present information or make a
statement, any person may send to the division of parole and
community services at any time prior to the division's transfer of
the prisoner to transitional control a written statement regarding
the transfer of the prisoner to transitional control. In addition to
the information, reports, and statements it considers under divisions
(A)(2) and (3) of this section or that it otherwise considers, the
division shall consider each statement submitted in accordance with
this division in deciding whether to transfer the prisoner to
transitional control.

(B)
Each prisoner transferred to transitional control under this section
shall be confined in the manner described in division (A) of this
section during any period of time that the prisoner is not actually
working at the prisoner's approved employment, engaged in a
vocational training or another educational program, engaged in
another program designated by the director, or engaged in other
activities approved by the department.

(C)
The department of rehabilitation and correction shall adopt rules for
transferring eligible prisoners to transitional control, supervising
and confining prisoners so transferred, administering the
transitional control program in accordance with this section, and
using the moneys deposited into the transitional control fund
established under division (E) of this section.

(D)
The department of rehabilitation and correction may adopt rules for
the issuance of passes for the limited purposes described in this
division to prisoners who are transferred to transitional control
under this section. If the department adopts rules of that nature,
the rules shall govern the granting of the passes and shall provide
for the supervision of prisoners who are temporarily released
pursuant to one of those passes. Upon the adoption of rules under
this division, the department may issue passes to prisoners who are
transferred to transitional control status under this section in
accordance with the rules and the provisions of this division. All
passes issued under this division shall be for a maximum of
forty-eight hours and may be issued only for the following purposes:

(1)
To visit a relative in imminent danger of death;

(2)
To have a private viewing of the body of a deceased relative;

(3)
To visit with family;

(4)
To otherwise aid in the rehabilitation of the prisoner.

(E)
The division of parole and community services may require a prisoner
who is transferred to transitional control to pay to the division the
reasonable expenses incurred by the division in supervising or
confining the prisoner while under transitional control. Inability to
pay those reasonable expenses shall not be grounds for refusing to
transfer an otherwise eligible prisoner to transitional control.
Amounts received by the division of parole and community services
under this division shall be deposited into the transitional control
fund, which is hereby created in the state treasury and which hereby
replaces and succeeds the furlough services fund that formerly
existed in the state treasury. All moneys that remain in the furlough
services fund on March 17, 1998, shall be transferred on that date to
the transitional control fund. The transitional control fund shall be
used solely to pay costs related to the operation of the transitional
control program established under this section. The director of
rehabilitation and correction shall adopt rules in accordance with
section 111.15 of the Revised Code for the use of the fund.

(F)
A prisoner who violates any rule established by the department of
rehabilitation and correction under division (A), (C), or (D) of this
section may be transferred to a state correctional institution
pursuant to rules adopted under division (A), (C), or (D) of this
section, but the prisoner shall receive credit towards completing the
prisoner's sentence for the time spent under transitional control.

If
a prisoner is transferred to transitional control under this section,
upon successful completion of the period of transitional control, the
prisoner may be released on parole or under post-release control
pursuant to section 2967.13 or 2967.28 of the Revised Code and rules
adopted by the department of rehabilitation and correction. If the
prisoner is released under post-release control, the duration of the
post-release control, the type of post-release control sanctions that
may be imposed, the enforcement of the sanctions, and the treatment
of prisoners who violate any sanction applicable to the prisoner are
governed by section 2967.28 of the Revised Code.

Sec.
2967.271.
(A)
As used in this section:

(1)
"Offender's minimum prison term" means the minimum prison
term imposed on an offender under a non-life felony indefinite prison
term, diminished as provided in section 2967.191 or 2967.193 of the
Revised Code or in any other provision of the Revised Code, other
than division (F) of this section, that provides for diminution or
reduction of an offender's sentence.

(2)
"Offender's presumptive earned early release date" means
the date that is determined under the procedures described in
division (F) of this section by the reduction, if any, of an
offender's minimum prison term by the sentencing court and the
crediting of that reduction toward the satisfaction of the minimum
term.

(3)
"Rehabilitative programs and activities" means education
programs, vocational training, employment in prison industries,
treatment for substance abuse, or other constructive programs
developed by the department of rehabilitation and correction with
specific standards for performance by prisoners.

(4)
"Security level" means the security level in which an
offender is classified under the inmate classification level system
of the department of rehabilitation and correction that then is in
effect.

(5)
"Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.

(B)
When an offender is sentenced to a non-life felony indefinite prison
term, there shall be a presumption that the person shall be released
from service of the sentence on the expiration of the offender's
minimum prison term or on the offender's presumptive earned early
release date, whichever is earlier.

(C)
The presumption established under division (B) of this section is a
rebuttable presumption that the department of rehabilitation and
correction may rebut as provided in this division. Unless the
department rebuts the presumption, the offender shall be released
from service of the sentence on the expiration of the offender's
minimum prison term or on the offender's presumptive earned early
release date, whichever is earlier. The department may rebut the
presumption only if the department determines, at a hearing, that one
or more of the following applies:

(1)
Regardless of the security level in which the offender is classified
at the time of the hearing, both of the following apply:

(a)
During the offender's incarceration, the offender committed
institutional rule infractions that involved compromising the
security of a state correctional institution, compromising the safety
of the staff of a state correctional institution or its inmates, or
physical harm or the threat of physical harm to the staff of a state
correctional institution or its inmates, or committed a violation of
law that was not prosecuted, and the infractions or violations
demonstrate that the offender has not been rehabilitated.

(b)
The offender's behavior while incarcerated, including, but not
limited to the infractions and violations specified in division
(C)(1)(a) of this section, demonstrate that the offender continues to
pose a threat to society.

(2)
Regardless of the security level in which the offender is classified
at the time of the hearing, the offender has been placed by the
department in extended restrictive housing at any time within the
year preceding the date of the hearing.

(3)
At the time of the hearing, the offender is classified by the
department as a security level three, four, or five, or at a higher
security level.

(D)(1)
If the department of rehabilitation and correction, pursuant to
division (C) of this section, rebuts the presumption established
under division (B) of this section, the department may maintain the
offender's incarceration in a state correctional institution under
the sentence after the expiration of the offender's minimum prison
term or, for offenders who have a presumptive earned early release
date, after the offender's presumptive earned early release date. The
department may maintain the offender's incarceration under this
division for an additional period of incarceration determined by the
department. The additional period of incarceration shall be a
reasonable period determined by the department, shall be specified by
the department, and shall not exceed the offender's maximum prison
term.

(2)
If the department maintains an offender's incarceration for an
additional period under division (D)(1) of this section, there shall
be a presumption that the offender shall be released on the
expiration of the offender's minimum prison term plus the additional
period of incarceration specified by the department as provided under
that division or, for offenders who have a presumptive earned early
release date, on the expiration of the additional period of
incarceration to be served after the offender's presumptive earned
early release date that is specified by the department as provided
under that division. The presumption is a rebuttable presumption that
the department may rebut, but only if it conducts a hearing and makes
the determinations specified in division (C) of this section, and if
the department rebuts the presumption, it may maintain the offender's
incarceration in a state correctional institution for an additional
period determined as specified in division (D)(1) of this section.
Unless the department rebuts the presumption at the hearing, the
offender shall be released from service of the sentence on the
expiration of the offender's minimum prison term plus the additional
period of incarceration specified by the department or, for offenders
who have a presumptive earned early release date, on the expiration
of the additional period of incarceration to be served after the
offender's presumptive earned early release date as specified by the
department.

The
provisions of this division regarding the establishment of a
rebuttable presumption, the department's rebuttal of the presumption,
and the department's maintenance of an offender's incarceration for
an additional period of incarceration apply, and may be utilized more
than one time, during the remainder of the offender's incarceration.
If the offender has not been released under division (C) of this
section or this division prior to the expiration of the offender's
maximum prison term imposed as part of the offender's non-life felony
indefinite prison term, the offender shall be released upon the
expiration of that maximum term.

(E)
The department shall provide notices of hearings to be conducted
under division (C) or (D) of this section in the same manner, and to
the same persons, as specified in section 2967.12 and Chapter 2930.
of the Revised Code with respect to hearings to be conducted
regarding the possible release on parole of an inmate.

(F)(1)
The director of the department of rehabilitation and correction may
notify the sentencing court in writing that the director is
recommending that the court grant a reduction in the minimum prison
term imposed on a specified offender who is serving a non-life felony
indefinite prison term and who is eligible under division (F)(8) of
this section for such a reduction, due to the offender's exceptional
conduct while incarcerated or the offender's adjustment to
incarceration. If the director wishes to recommend such a reduction
for an offender, the director shall send the notice to the court not
earlier than ninety days prior to the date on which the director
wishes to credit the reduction toward the satisfaction of the
offender's minimum prison term. If the director recommends such a
reduction for an offender, there shall be a presumption that the
court shall grant the recommended reduction to the offender. The
presumption established under this division is a rebuttable
presumption that may be rebutted as provided in division (F)(4) of
this section.

The
director shall include with the notice sent to a court under this
division an institutional summary report that covers the offender's
participation while confined in a state correctional institution in
rehabilitative programs and activities and any disciplinary action
taken against the offender while so confined, and any other
documentation requested by the court, if available.

The
notice the director sends to a court under this division shall do all
of the following:

(a)
Identify the offender;

(b)
Specify the length of the recommended reduction, which shall be for
five to fifteen per cent of the offender's minimum term determined in
accordance with rules adopted by the department under division (F)(7)
of this section;

(c)
Specify the reason or reasons that qualify the offender for the
recommended reduction;

(d)
Inform the court of the rebuttable presumption and that the court
must either approve or, if the court finds that the presumption has
been rebutted, disapprove of the recommended reduction, and that if
it approves of the recommended reduction, it must grant the
reduction;

(e)
Inform the court that it must notify the department of its decision
as to approval or disapproval not later than sixty days after receipt
of the notice from the director.

(2)
When the director, under division (F)(1) of this section, submits a
notice to a sentencing court that the director is recommending that
the court grant a reduction in the minimum prison term imposed on an
offender serving a non-life felony indefinite prison term, the
department promptly shall provide to the prosecuting attorney of the
county in which the offender was indicted a copy of the written
notice, a copy of the institutional summary report described in that
division, and any other information provided to the court.

(3)
Upon receipt of a notice submitted by the director under division
(F)(1) of this section, the court shall schedule a hearing to
consider whether to grant the reduction in the minimum prison term
imposed on the specified offender that was recommended by the
director or to find that the presumption has been rebutted and
disapprove the recommended reduction. Upon scheduling the hearing,
the court promptly shall give notice of the hearing to the
prosecuting attorney of the county in which the offender was indicted
and to the department. The notice shall inform the prosecuting
attorney that the prosecuting attorney may submit to the court, prior
to the date of the hearing, written information relevant to the
recommendation and may present at the hearing written information and
oral information relevant to the recommendation.

Upon
receipt of the notice from the court, the prosecuting attorney shall
notify the victim of the offender or the victim's representative of
the recommendation by the director, the date, time, and place of the
hearing, the fact that the victim may submit to the court, prior to
the date of the hearing, written information relevant to the
recommendation, and the address and procedure for submitting the
information.

(4)
At the hearing scheduled under division (F)(3) of this section, the
court shall afford the prosecuting attorney an opportunity to present
written information and oral information relevant to the director's
recommendation. In making its determination as to whether to grant or
disapprove the reduction in the minimum prison term imposed on the
specified offender that was recommended by the director, the court
shall consider any report and other documentation submitted by the
director, any information submitted by a victim, any information
submitted or presented at the hearing by the prosecuting attorney,
and all of the factors set forth in divisions (B) to (D) of section
2929.12 of the Revised Code that are relevant to the offender's
offense and to the offender.

Unless
the court, after considering at the hearing the specified reports,
documentation, information, and relevant factors, finds that the
presumption that the recommended reduction shall be granted has been
rebutted and disapproves the recommended reduction, the court shall
grant the recommended reduction. The court may disapprove the
recommended reduction only if, after considering at the hearing the
specified reports, documentation, information, and relevant factors,
it finds that the presumption that the reduction shall be granted has
been rebutted. The court may find that the presumption has been
rebutted and disapprove the recommended reduction only if it
determines at the hearing that one or more of the following applies:

(a)
Regardless of the security level in which the offender is classified
at the time of the hearing, during the offender's incarceration, the
offender committed institutional rule infractions that involved
compromising the security of a state correctional institution,
compromising the safety of the staff of a state correctional
institution or its inmates, or physical harm or the threat of
physical harm to the staff of a state correctional institution or its
inmates, or committed a violation of law that was not prosecuted, and
the infractions or violations demonstrate that the offender has not
been rehabilitated.

(b)
The offender's behavior while incarcerated, including, but not
limited to, the infractions and violations specified in division
(F)(4)(a) of this section, demonstrates that the offender continues
to pose a threat to society.

(c)
At the time of the hearing, the offender is classified by the
department as a security level three, four, or five, or at a higher
security level.

(d)
During the offender's incarceration, the offender did not
productively participate in a majority of the rehabilitative programs
and activities recommended by the department for the offender, or the
offender participated in a majority of such recommended programs or
activities but did not successfully complete a reasonable number of
the programs or activities in which the offender participated.

(e)
After release, the offender will not be residing in a halfway house,
reentry center, or community residential center licensed under
division
(C)

(D)

of
section 2967.14 of the Revised Code and, after release, does not have
any other place to reside at a fixed residence address.

(5)
If the court pursuant to division (F)(4) of this section finds that
the presumption that the recommended reduction in the offender's
minimum prison term has been rebutted and disapproves the recommended
reduction, the court shall notify the department of the disapproval
not later than sixty days after receipt of the notice from the
director. The court shall specify in the notification the reason or
reasons for which it found that the presumption was rebutted and
disapproved the recommended reduction. The court shall not reduce the
offender's minimum prison term, and the department shall not credit
the amount of the disapproved reduction toward satisfaction of the
offender's minimum prison term.

If
the court pursuant to division (F)(4) of this section grants the
recommended reduction of the offender's minimum prison term, the
court shall notify the department of the grant of the reduction not
later than sixty days after receipt of the notice from the director,
the court shall reduce the offender's minimum prison term in
accordance with the recommendation submitted by the director, and the
department shall credit the amount of the reduction toward
satisfaction of the offender's minimum prison term.

Upon
deciding whether to disapprove or grant the recommended reduction of
the offender's minimum prison term, the court shall notify the
prosecuting attorney of the decision and the prosecuting attorney
shall notify the victim or victim's representative of the court's
decision.

(6)
If the court under division (F)(5) of this section grants the
reduction in the minimum prison term imposed on an offender that was
recommended by the director and reduces the offender's minimum prison
term, the date determined by the department's crediting of the
reduction toward satisfaction of the offender's minimum prison term
is the offender's presumptive earned early release date.

(7)
The department of rehabilitation and correction by rule shall specify
both of the following for offenders serving a non-life felony
indefinite prison term:

(a)
The type of exceptional conduct while incarcerated and the type of
adjustment to incarceration that will qualify an offender serving
such a prison term for a reduction under divisions (F)(1) to (6) of
this section of the minimum prison term imposed on the offender under
the non-life felony indefinite prison term.

(b)
The per cent of reduction that it may recommend for, and that may be
granted to, an offender serving such a prison term under divisions
(F)(1) to (6) of this section, based on the offense level of the
offense for which the prison term was imposed, with the department
specifying the offense levels used for purposes of this division and
assigning a specific percentage reduction within the range of five to
fifteen per cent for each such offense level.

(8)
Divisions (F)(1) to (6) of this section do not apply with respect to
an offender serving a non-life felony indefinite prison term for a
sexually oriented offense, and no offender serving such a prison term
for a sexually oriented offense is eligible to be recommended for or
granted, or may be recommended for or granted, a reduction under
those divisions in the offender's minimum prison term imposed under
that non-life felony indefinite prison term.

(G)
If an offender is sentenced to a non-life felony indefinite prison
term, any reference in a section of the Revised Code to a definite
prison term shall be construed as referring to the offender's minimum
term under that sentence plus any additional period of time of
incarceration specified by the department under division (D)(1) or
(2) of this section, except to the extent otherwise specified in the
section or to the extent that that construction clearly would be
inappropriate.

Sec.
2967.28.
(A)
As used in this section:

(1)
"Monitored time" means the monitored time sanction
specified in section 2929.17 and defined in section 2929.01 of the
Revised Code.

(2)
"Deadly weapon" and "dangerous ordnance" have the
same meanings as in section 2923.11 of the Revised Code.

(3)
"Felony sex offense" means a violation of a section
contained in Chapter 2907. of the Revised Code that is a felony.

(4)
"Risk reduction sentence" means a prison term imposed by a
court, when the court recommends pursuant to section 2929.143 of the
Revised Code that the offender serve the sentence under section
5120.036 of the Revised Code, and the offender may potentially be
released from imprisonment prior to the expiration of the prison term
if the offender successfully completes all assessment and treatment
or programming required by the department of rehabilitation and
correction under section 5120.036 of the Revised Code.

(5)
"Victim's immediate family" has the same meaning as in
section 2967.12 of the Revised Code.

(6)
"Minor drug possession offense" has the same meaning as in
section 2925.11 of the Revised Code.

(7)
"Single validated risk assessment tool" means the single
validated risk assessment tool selected by the department of
rehabilitation and correction under section 5120.114 of the Revised
Code.

(B)
Each sentence to a prison term, other than a term of life
imprisonment, for a felony of the first degree, for a felony of the
second degree, for a felony sex offense, or for a felony of the third
degree that is an offense of violence and is not a felony sex offense
shall include a requirement that the offender be subject to a period
of post-release control imposed by the parole board after the
offender's release from imprisonment.
For
post-release control to be imposed, the offender must be committed to
the department of rehabilitation and correction as set forth in
section 5120.16 of the Revised Code.
This
division applies with respect to all prison terms of a type described
in this division, including a term of any such type that is a risk
reduction sentence. If a court imposes a sentence including a prison
term of a type described in this division on or after July 11, 2006,
the failure of a sentencing court to notify the offender pursuant to
division (B)(2)(d) of section 2929.19 of the Revised Code of this
requirement or to include in the judgment of conviction entered on
the journal a statement that the offender's sentence includes this
requirement does not negate, limit, or otherwise affect the mandatory
period of supervision that is required for the offender under this
division. This division applies with respect to all prison terms of a
type described in this division, including a non-life felony
indefinite prison term. Section 2929.191 of the Revised Code applies
if, prior to July 11, 2006, a court imposed a sentence including a
prison term of a type described in this division and failed to notify
the offender pursuant to division (B)(2)(d) of section 2929.19 of the
Revised Code regarding post-release control or to include in the
judgment of conviction entered on the journal or in the sentence
pursuant to division (D)(1) of section 2929.14 of the Revised Code a
statement regarding post-release control. Unless reduced by the
parole board pursuant to division (D) of this section when authorized
under that division, a period of post-release control required by
this division for an offender shall be of one of the following
periods:

(1)
For a felony sex offense, five years;

(2)
For a felony of the first degree that is not a felony sex offense, up
to five years, but not less than two years;

(3)
For a felony of the second degree that is not a felony sex offense,
up to three years, but not less than eighteen months;

(4)
For a felony of the third degree that is an offense of violence and
is not a felony sex offense, up to three years, but not less than one
year.

(C)
Any sentence to a prison term for a felony of the third, fourth, or
fifth degree that is not subject to division (B)(1) or (4) of this
section shall include a requirement that the offender be subject to a
period of post-release control of up to two years after the
offender's release from imprisonment, if the parole board, in
accordance with division (D) of this section, determines that a
period of post-release control is necessary for that offender.
For
post-release control to be imposed, the offender must be committed to
the department of rehabilitation and correction as set forth in
section 5120.16 of the Revised Code.
This
division applies with respect to all prison terms of a type described
in this division, including a term of any such type that is a risk
reduction sentence. Section 2929.191 of the Revised Code applies if,
prior to July 11, 2006, a court imposed a sentence including a prison
term of a type described in this division and failed to notify the
offender pursuant to division (B)(2)(e) of section 2929.19 of the
Revised Code regarding post-release control or to include in the
judgment of conviction entered on the journal or in the sentence
pursuant to division (D)(2) of section 2929.14 of the Revised Code a
statement regarding post-release control. Pursuant to an agreement
entered into under section 2967.29 of the Revised Code, a court of
common pleas or parole board may impose sanctions or conditions on an
offender who is placed on post-release control under this division.

(D)(1)
Before the prisoner is released from imprisonment, the parole board
or, pursuant to an agreement under section 2967.29 of the Revised
Code, the court shall impose on a prisoner described in division (B)
of this section, shall impose on a prisoner described in division (C)
of this section who is to be released before the expiration of the
prisoner's stated prison term under a risk reduction sentence, may
impose on a prisoner described in division (C) of this section who is
not to be released before the expiration of the prisoner's stated
prison term under a risk reduction sentence, and shall impose on a
prisoner described in division (B)(2)(b) of section 5120.031 or in
division (B)(1) of section 5120.032 of the Revised Code, one or more
post-release control sanctions to apply during the prisoner's period
of post-release control. Whenever the board or court imposes one or
more post-release control sanctions on a prisoner, the board or
court, in addition to imposing the sanctions, also shall include as a
condition of the post-release control that the offender not leave the
state without permission of the court or the offender's parole or
probation officer and that the offender abide by the law. The board
or court may impose any other conditions of release under a
post-release control sanction that the board or court considers
appropriate, and the conditions of release may include any community
residential sanction, community nonresidential sanction, or financial
sanction that the sentencing court was authorized to impose pursuant
to sections 2929.16, 2929.17, and 2929.18 of the Revised Code. Prior
to the release of a prisoner for whom it will impose one or more
post-release control sanctions under this division, the parole board
or court shall review the prisoner's criminal history, results from
the single validated risk assessment tool, and the record of the
prisoner's conduct while imprisoned. The parole board or court shall
consider any recommendation regarding post-release control sanctions
for the prisoner made by the office of victims' services. After
considering those materials, the board or court shall determine, for
a prisoner described in division (B) of this section, division
(B)(2)(b) of section 5120.031, or division (B)(1) of section 5120.032
of the Revised Code and for a prisoner described in division (C) of
this section who is to be released before the expiration of the
prisoner's stated prison term under a risk reduction sentence, which
post-release control sanction or combination of post-release control
sanctions is reasonable under the circumstances or, for a prisoner
described in division (C) of this section who is not to be released
before the expiration of the prisoner's stated prison term under a
risk reduction sentence, whether a post-release control sanction is
necessary and, if so, which post-release control sanction or
combination of post-release control sanctions is reasonable under the
circumstances. In the case of a prisoner convicted of a felony of the
fourth or fifth degree other than a felony sex offense, the board or
court shall presume that monitored time is the appropriate
post-release control sanction unless the board or court determines
that a more restrictive sanction is warranted. A post-release control
sanction imposed under this division takes effect upon the prisoner's
release from imprisonment.

Regardless
of whether the prisoner was sentenced to the prison term prior to,
on, or after July 11, 2006, prior to the release of a prisoner for
whom it will impose one or more post-release control sanctions under
this division, the parole board shall notify the prisoner that, if
the prisoner violates any sanction so imposed or any condition of
post-release control described in division (B) of section 2967.131 of
the Revised Code that is imposed on the prisoner, the parole board
may impose a prison term of up to one-half of the stated prison term
originally imposed on the prisoner.

At
least thirty days before the prisoner is released from imprisonment
under post-release control, except as otherwise provided in this
paragraph, the department of rehabilitation and correction shall
notify the victim and the victim's immediate family of the date on
which the prisoner will be released, the period for which the
prisoner will be under post-release control supervision, and the
terms and conditions of the prisoner's post-release control
regardless of whether the victim or victim's immediate family has
requested the notification. The notice described in this paragraph
shall not be given to a victim or victim's immediate family if the
victim or the victim's immediate family has requested pursuant to
division (B)(2) of section 2930.03 of the Revised Code that the
notice not be provided to the victim or the victim's immediate
family. At least thirty days before the prisoner is released from
imprisonment and regardless of whether the victim or victim's
immediate family has requested that the notice described in this
paragraph be provided or not be provided to the victim or the
victim's immediate family, the department also shall provide notice
of that nature to the prosecuting attorney in the case and the law
enforcement agency that arrested the prisoner if any officer of that
agency was a victim of the offense.

If
the notice given under the preceding paragraph to the victim or the
victim's immediate family is based on an offense committed prior to
March 22, 2013, and if the department of rehabilitation and
correction has not previously successfully provided any notice to the
victim or the victim's immediate family under division (B), (C), or
(D) of section 2930.16 of the Revised Code with respect to that
offense and the offender who committed it, the notice also shall
inform the victim or the victim's immediate family that the victim or
the victim's immediate family may request that the victim or the
victim's immediate family not be provided any further notices with
respect to that offense and the offender who committed it and shall
describe the procedure for making that request. The department may
give the notices to which the preceding paragraph applies by any
reasonable means, including regular mail, telephone, and electronic
mail. If the department attempts to provide notice to any specified
person under the preceding paragraph but the attempt is unsuccessful
because the department is unable to locate the specified person, is
unable to provide the notice by its chosen method because it cannot
determine the mailing address, electronic mail address, or telephone
number at which to provide the notice, or, if the notice is sent by
mail, the notice is returned, the department shall make another
attempt to provide the notice to the specified person. If the second
attempt is unsuccessful, the department shall make at least one more
attempt to provide the notice. If the notice is based on an offense
committed prior to March 22, 2013, in each attempt to provide the
notice to the victim or victim's immediate family, the notice shall
include the opt-out information described in this paragraph. The
department, in the manner described in division (D)(2) of section
2930.16 of the Revised Code, shall keep a record of all attempts to
provide the notice, and of all notices provided, under this paragraph
and the preceding paragraph. The record shall be considered as if it
was kept under division (D)(2) of section 2930.16 of the Revised
Code. This paragraph, the preceding paragraph, and the notice-related
provisions of divisions (E)(2) and (K) of section 2929.20, division
(D)(1) of section 2930.16, division (H) of section 2967.12, division
(E)(1)(b) of section 2967.19 as it existed prior to

the
effective date of this amendment

April
4, 2023
,
division (A)(3)(b) of section 2967.26, and division (A)(2) of section
5149.101 of the Revised Code enacted in the act in which this
paragraph and the preceding paragraph were enacted, shall be known as
"Roberta's Law."

(2)
If a prisoner who is placed on post-release control under this
section is released before the expiration of the definite term that
is the prisoner's stated prison term or the expiration of the minimum
term that is part of the prisoner's indefinite prison term imposed
under a non-life felony indefinite prison term by reason of credit
earned under section 2967.193 or 2967.194 or a reduction under
division (F) of section 2967.271 of the Revised Code and if the
prisoner earned sixty or more days of credit, the adult parole
authority may supervise the offender with an active global
positioning system device for the first fourteen days after the
offender's release from imprisonment. This division does not prohibit
or limit the imposition of any post-release control sanction
otherwise authorized by this section.

(3)
After a prisoner is released from imprisonment and during the period
of post-release control applicable to the releasee, the adult parole
authority or, pursuant to an agreement under section 2967.29 of the
Revised Code, the court may review the releasee's behavior under the
post-release control sanctions imposed upon the releasee under this
section. The authority or court may determine, based upon the review
and in accordance with the standards established under division (E)
of this section, that the releasee has satisfactorily complied with
the sanctions imposed, and if such a determination is made, the
authority may recommend a less restrictive sanction, reduce the
period of post-release control, or, no sooner than the minimum period
of time required under section 2967.16 of the Revised Code, recommend
that the parole board or court terminate the duration of the period
of post-release control. In no case shall the board or court reduce
the duration of the period of control imposed for a felony sex
offense described in division (B)(1) of this section.

(4)
The department of rehabilitation and correction shall develop factors
that the parole board or court shall consider in determining under
division (D)(3) of this section whether to terminate the period of
control imposed on a releasee.

(E)
The department of rehabilitation and correction, in accordance with
Chapter 119. of the Revised Code, shall adopt rules that do all of
the following:

(1)
Establish standards for the imposition by the parole board of
post-release control sanctions under this section that are consistent
with the overriding purposes and sentencing principles set forth in
section 2929.11 of the Revised Code and that are appropriate to the
needs of releasees;

(2)
Establish standards that provide for a period of post-release control
of up to two years for all prisoners described in division (C) of
this section who are to be released before the expiration of their
stated prison term under a risk reduction sentence and standards by
which the parole board can determine which prisoners described in
division (C) of this section who are not to be released before the
expiration of their stated prison term under a risk reduction
sentence should be placed under a period of post-release control;

(3)
Establish standards to be used by the parole board in reducing or
terminating the duration of the period of post-release control
imposed by the court when authorized under division (D) of this
section, in imposing a more restrictive post-release control sanction
than monitored time on a prisoner convicted of a felony of the fourth
or fifth degree other than a felony sex offense, or in imposing a
less restrictive control sanction on a releasee based on results from
the single validated risk assessment tool and on the releasee's
activities including, but not limited to, remaining free from
criminal activity and from the abuse of alcohol or other drugs,
successfully participating in approved rehabilitation programs,
maintaining employment, and paying restitution to the victim or
meeting the terms of other financial sanctions;

(4)
Establish standards to be used by the adult parole authority in
modifying a releasee's post-release control sanctions pursuant to
division (D)(2) of this section;

(5)
Establish standards to be used by the adult parole authority or
parole board in imposing further sanctions under division (F) of this
section on releasees who violate post-release control sanctions,
including standards that do the following:

(a)
Classify violations according to the degree of seriousness;

(b)
Define the circumstances under which formal action by the parole
board is warranted;

(c)
Govern the use of evidence at violation hearings;

(d)
Ensure procedural due process to an alleged violator;

(e)
Prescribe nonresidential community control sanctions for most
misdemeanor and technical violations;

(f)
Provide procedures for the return of a releasee to imprisonment for
violations of post-release control.

(F)(1)
Whenever the parole board imposes one or more post-release control
sanctions on an offender under this section, the offender upon
release from imprisonment shall be under the general jurisdiction of
the adult parole authority and generally shall be supervised by the
field services section through its staff of parole and field officers
as described in section 5149.04 of the Revised Code, as if the
offender had been placed on parole. If the offender upon release from
imprisonment violates the post-release control sanction or any
conditions described in division (A) of section 2967.131 of the
Revised Code that are imposed on the offender, the public or private
person or entity that operates or administers the sanction or the
program or activity that comprises the sanction shall report the
violation directly to the adult parole authority or to the officer of
the authority who supervises the offender. The authority's officers
may treat the offender as if the offender were on parole and in
violation of the parole, and otherwise shall comply with this
section.

(2)
If the adult parole authority or, pursuant to an agreement under
section 2967.29 of the Revised Code, the court determines that a
releasee has violated a post-release control sanction or any
conditions described in division (A) of section 2967.131 of the
Revised Code imposed on the releasee and that a more restrictive
sanction is appropriate, the authority or court may impose a more
restrictive sanction on the releasee, in accordance with the
standards established under division (E) of this section or in
accordance with the agreement made under section 2967.29 of the
Revised Code, or may report the violation to the parole board for a
hearing pursuant to division (F)(3) of this section. The authority or
court may not, pursuant to this division, increase the duration of
the releasee's post-release control or impose as a post-release
control sanction a residential sanction that includes a prison term,
but the authority or court may impose on the releasee any other
residential sanction, nonresidential sanction, or financial sanction
that the sentencing court was authorized to impose pursuant to
sections 2929.16, 2929.17, and 2929.18 of the Revised Code.

(3)
The parole board or, pursuant to an agreement under section 2967.29
of the Revised Code, the court may hold a hearing on any alleged
violation by a releasee of a post-release control sanction or any
conditions described in division (A) of section 2967.131 of the
Revised Code that are imposed upon the releasee. Except as otherwise
provided in this division, if after the hearing the board or court
finds that the releasee violated the sanction or condition, the board
or court may increase the duration of the releasee's post-release
control up to the maximum duration authorized by division (B) or (C)
of this section or impose a more restrictive post-release control
sanction. If a releasee was acting pursuant to division (B)(2)(b) of
section 2925.11 or a related provision of section 2925.12, 2925.14,
or 2925.141 of the Revised Code and in so doing violated the
conditions of a post-release control sanction based on a minor drug
possession offense, as defined in that section, or violated section
2925.12, division (C)(1) of section 2925.14, or section 2925.141 of
the Revised Code, the board or the court shall not impose any of the
penalties described in this division based on the violation. When
appropriate, the board or court may impose as a post-release control
sanction a residential sanction that includes a prison term. The
board or court shall consider a prison term as a post-release control
sanction imposed for a violation of post-release control when the
violation involves a deadly weapon or dangerous ordnance, physical
harm or attempted serious physical harm to a person, or sexual
misconduct. Unless a releasee's stated prison term was reduced
pursuant to section 5120.032 of the Revised Code, the period of a
prison term that is imposed as a post-release control sanction under
this division shall not exceed nine months, and the maximum
cumulative prison term for all violations under this division shall
not exceed one-half of the definite prison term that was the stated
prison term originally imposed on the offender as part of this
sentence or, with respect to a stated non-life felony indefinite
prison term, one-half of the minimum prison term that was imposed as
part of that stated prison term originally imposed on the offender.
If a releasee's stated prison term was reduced pursuant to section
5120.032 of the Revised Code, the period of a prison term that is
imposed as a post-release control sanction under this division and
the maximum cumulative prison term for all violations under this
division shall not exceed the period of time not served in prison
under the sentence imposed by the court. The period of a prison term
that is imposed as a post-release control sanction under this
division shall not count as, or be credited toward, the remaining
period of post-release control. If, during the period of the
releasee's post-release control, the releasee serves as a
post-release control sanction the maximum prison time available as a
sanction, the post-release control shall terminate.

If
an offender is imprisoned for a felony committed while under
post-release control supervision and is again released on
post-release control for a period of time, the maximum cumulative
prison term for all violations under this division shall not exceed
one-half of the total stated prison terms of the earlier felony,
reduced by any prison term administratively imposed by the parole
board or court, plus one-half of the total stated prison term of the
new felony.

(G)(1)
If an offender is simultaneously subject to a period of parole under
an indefinite or life sentence and a period of post-release control,
or is simultaneously subject to two periods of post-release control,
the period of supervision that expires last shall determine the
length and form of supervision for all the periods and the related
sentences.

(2)
An offender shall receive credit for post-release control supervision
during the period of parole, and shall not be eligible for final
release under section 2967.16 of the Revised Code until the
post-release control period otherwise would have ended.

(3)
If the period of parole ends prior to the end of the period of
post-release control, the requirements of parole supervision shall be
satisfied during the post-release control period.

(H)(1)
A period of post-release control shall not be imposed consecutively
to any other post-release control period.

(2)
The period of post-release control for a releasee who commits a
felony while under post-release control for an earlier felony shall
be the longer of the period of post-release control specified for the
new felony under division (B) or (C) of this section or the time
remaining under the period of post-release control imposed for the
earlier felony as determined by the parole board or court.

Sec.
2969.13.
All
moneys that are collected pursuant to section 2929.32 of the Revised
Code and required to be deposited in the crime victims recovery fund
shall be credited
by
the treasurer of state
to
the fund. Any interest earned on the money in the fund shall be
credited to the fund.

Sec.
2981.02.
(A)(1)
The following property is subject to forfeiture to the state or a
political subdivision under either the criminal or delinquency
process in section 2981.04 of the Revised Code or the civil process
in section 2981.05 of the Revised Code:

(a)
Contraband involved in an offense;

(b)
Proceeds derived from or acquired through the commission of an
offense;

(c)
An instrumentality that is used in or intended to be used in the
commission or facilitation of any of the following offenses when the
use or intended use, consistent with division (B) of this section, is
sufficient to warrant forfeiture under this chapter:

(i)
A felony;

(ii)
A misdemeanor, when forfeiture is specifically authorized by a
section of the Revised Code or by a municipal ordinance that creates
the offense or sets forth its penalties;

(iii)
An attempt to commit, complicity in committing, or a conspiracy to
commit an offense of the type described in divisions (A)(3)(a) and
(b) of this section.

(2)
In determining whether an alleged instrumentality was used in or was
intended to be used in the commission or facilitation of an offense
or an attempt, complicity, or conspiracy to commit an offense in a
manner sufficient to warrant its forfeiture, the trier of fact shall
consider the following factors the trier of fact determines are
relevant:

(a)
Whether the offense could not have been committed or attempted but
for the presence of the instrumentality;

(b)
Whether the primary purpose in using the instrumentality was to
commit or attempt to commit the offense;

(c)
The extent to which the instrumentality furthered the commission of,
or attempt to commit, the offense.

(B)
The property described in division
(F)(2)

(H)(4)

of
section 2917.211 of the Revised Code is subject to forfeiture under
the criminal or delinquency process in section 2981.04 of the Revised
Code, if the forfeiture is ordered by the court imposing sentence or
an order of disposition.

(C)
This chapter does not apply to or limit forfeitures under Title XLV
of the Revised Code, including forfeitures relating to section
2903.06 or 2903.08 of the Revised Code.

Sec.
3101.08.
An
ordained or licensed minister of any religious society or
congregation within this state who is licensed to solemnize
marriages,
the
governor or a former governor of this state,
a
judge of a county court in accordance with section 1907.18 of the
Revised Code, a judge of a municipal court in accordance with section
1901.14 of the Revised Code, a probate judge in accordance with
section 2101.27 of the Revised Code, the mayor of a municipal
corporation anywhere within this state, the superintendent of Ohio
deaf and blind education services, or any religious society in
conformity with the rules of its church, may join together as husband
and wife any persons who are not prohibited by law from being joined
in marriage.

Sec.
3105.171.
(A)
As used in this section:

(1)
"Distributive award" means any payment or payments, in real
or personal property, that are payable in a lump sum or over time, in
fixed amounts, that are made from separate property or income, and
that are not made from marital property and do not constitute
payments of spousal support, as defined in section 3105.18 of the
Revised Code.

(2)
"During the marriage" means whichever of the following is
applicable:

(a)
Except as provided in division (A)(2)(b) of this section, the period
of time from the date of the marriage through the date of the final
hearing in an action for divorce or in an action for legal
separation;

(b)
If the court determines that the use of either or both of the dates
specified in division (A)(2)(a) of this section would be inequitable,
the court may select dates that it considers equitable in determining
marital property. If the court selects dates that it considers
equitable in determining marital property, "during the marriage"
means the period of time between those dates selected and specified
by the court.

(3)(a)
"Marital property" means, subject to division (A)(3)(b) of
this section, all of the following:

(i)
All real and personal property that currently is owned by either or
both of the spouses, including, but not limited to, the retirement
benefits of the spouses, and that was acquired by either or both of
the spouses during the marriage;

(ii)
All interest that either or both of the spouses currently has in any
real or personal property, including, but not limited to, the
retirement benefits of the spouses, and that was acquired by either
or both of the spouses during the marriage;

(iii)
Except as otherwise provided in this section, all income and
appreciation on separate property, due to the labor, monetary, or
in-kind contribution of either or both of the spouses that occurred
during the marriage;

(iv)
A participant account, as defined in section 148.01 of the Revised
Code, of either of the spouses, to the extent of the following: the
moneys that have been deferred by a continuing member or
participating employee, as defined in that section, and that have
been transmitted to the
Ohio

public
employees
deferred
compensation
retirement

board
during the marriage and any income that is derived from the
investment of those moneys during the marriage; the moneys that have
been deferred by an officer or employee of a municipal corporation
and that have been transmitted to the governing board, administrator,
depository, or trustee of the deferred compensation program of the
municipal corporation during the marriage and any income that is
derived from the investment of those moneys during the marriage; or
the moneys that have been deferred by an officer or employee of a
government unit, as defined in section 148.06 of the Revised Code,
and that have been transmitted to the governing board, as defined in
that section, during the marriage and any income that is derived from
the investment of those moneys during the marriage.

(b)
"Marital property" does not include any separate property.

(4)
"Passive income" means income acquired other than as a
result of the labor, monetary, or in-kind contribution of either
spouse.

(5)
"Personal property" includes both tangible and intangible
personal property.

(6)(a)
"Separate property" means all real and personal property
and any interest in real or personal property that is found by the
court to be any of the following:

(i)
An inheritance by one spouse by bequest, devise, or descent during
the course of the marriage;

(ii)
Any real or personal property or interest in real or personal
property that was acquired by one spouse prior to the date of the
marriage;

(iii)
Passive income and appreciation acquired from separate property by
one spouse during the marriage;

(iv)
Any real or personal property or interest in real or personal
property acquired by one spouse after a decree of legal separation
issued under section 3105.17 of the Revised Code;

(v)
Any real or personal property or interest in real or personal
property that is excluded by a valid antenuptial or postnuptial
agreement;

(vi)
Compensation to a spouse for the spouse's personal injury, except for
loss of marital earnings and compensation for expenses paid from
marital assets;

(vii)
Any gift of any real or personal property or of an interest in real
or personal property that is made after the date of the marriage and
that is proven by clear and convincing evidence to have been given to
only one spouse.

(b)
The commingling of separate property with other property of any type
does not destroy the identity of the separate property as separate
property, except when the separate property is not traceable.

(B)
In divorce proceedings, the court shall, and in legal separation
proceedings upon the request of either spouse, the court may,
determine what constitutes marital property and what constitutes
separate property. In either case, upon making such a determination,
the court shall divide the marital and separate property equitably
between the spouses, in accordance with this section. For purposes of
this section, the court has jurisdiction over all property, excluding
the social security benefits of a spouse other than as set forth in
division (F)(9) of this section, in which one or both spouses have an
interest.

(C)(1)
Except as provided in this division or division (E) of this section,
the division of marital property shall be equal. If an equal division
of marital property would be inequitable, the court shall not divide
the marital property equally but instead shall divide it between the
spouses in the manner the court determines equitable. In making a
division of marital property, the court shall consider all relevant
factors, including those set forth in division (F) of this section.

(2)
Each spouse shall be considered to have contributed equally to the
production and acquisition of marital property.

(3)
The court shall provide for an equitable division of marital property
under this section prior to making any award of spousal support to
either spouse under section 3105.18 of the Revised Code and without
regard to any spousal support so awarded.

(4)
If the marital property includes a participant account, as defined in
section 148.01 of the Revised Code, the court shall not order the
division or disbursement of the moneys and income described in
division (A)(3)(a)(iv) of this section to occur in a manner that is
inconsistent with the law, rules, or plan governing the deferred
compensation program involved or prior to the time that the spouse in
whose name the participant account is maintained commences receipt of
the moneys and income credited to the account in accordance with that
law, rules, and plan.

(D)
Except as otherwise provided in division (E) of this section or by
another provision of this section, the court shall disburse a
spouse's separate property to that spouse. If a court does not
disburse a spouse's separate property to that spouse, the court shall
make written findings of fact that explain the factors that it
considered in making its determination that the spouse's separate
property should not be disbursed to that spouse.

(E)(1)
The court may make a distributive award to facilitate, effectuate, or
supplement a division of marital property. The court may require any
distributive award to be secured by a lien on the payor's specific
marital property or separate property.

(2)
The court may make a distributive award in lieu of a division of
marital property in order to achieve equity between the spouses, if
the court determines that a division of the marital property in kind
or in money would be impractical or burdensome.

(3)
The court shall require each spouse to disclose in a full and
complete manner all marital property, separate property, and other
assets, debts, income, and expenses of the spouse.

(4)
If a spouse has engaged in financial misconduct, including, but not
limited to, the dissipation, destruction, concealment, nondisclosure,
or fraudulent disposition of assets, the court may compensate the
offended spouse with a distributive award or with a greater award of
marital property.

(5)
If a spouse has substantially and willfully failed to disclose
marital property, separate property, or other assets, debts, income,
or expenses as required under division (E)(3) of this section, the
court may compensate the offended spouse with a distributive award or
with a greater award of marital property not to exceed three times
the value of the marital property, separate property, or other
assets, debts, income, or expenses that are not disclosed by the
other spouse.

(F)
In making a division of marital property and in determining whether
to make and the amount of any distributive award under this section,
the court shall consider all of the following factors:

(1)
The duration of the marriage;

(2)
The assets and liabilities of the spouses;

(3)
The desirability of awarding the family home, or the right to reside
in the family home for reasonable periods of time, to the spouse with
custody of the children of the marriage;

(4)
The liquidity of the property to be distributed;

(5)
The economic desirability of retaining intact an asset or an interest
in an asset;

(6)
The tax consequences of the property division upon the respective
awards to be made to each spouse;

(7)
The costs of sale, if it is necessary that an asset be sold to
effectuate an equitable distribution of property;

(8)
Any division or disbursement of property made in a separation
agreement that was voluntarily entered into by the spouses;

(9)
Any retirement benefits of the spouses, excluding the social security
benefits of a spouse except as may be relevant for purposes of
dividing a public pension;

(10)
Any other factor that the court expressly finds to be relevant and
equitable.

(G)
In any order for the division or disbursement of property or a
distributive award made pursuant to this section, the court shall
make written findings of fact that support the determination that the
marital property has been equitably divided and shall specify the
dates it used in determining the meaning of "during the
marriage."

(H)
Except as otherwise provided in this section, the holding of title to
property by one spouse individually or by both spouses in a form of
co-ownership does not determine whether the property is marital
property or separate property.

(I)
A division or disbursement of property or a distributive award made
under this section is not subject to future modification by the court
except upon the express written consent or agreement to the
modification by both spouses.

(J)
The court may issue any orders under this section that it determines
equitable, including, but not limited to, either of the following
types of orders:

(1)
An order granting a spouse the right to use the marital dwelling or
any other marital property or separate property for any reasonable
period of time;

(2)
An order requiring the sale or encumbrancing of any real or personal
property, with the proceeds from the sale and the funds from any loan
secured by the encumbrance to be applied as determined by the court.

Sec.
3105.63.
(A)(1)
A petition for dissolution of marriage shall be signed by both
spouses and shall have attached and incorporated a separation
agreement agreed to by both spouses. The separation agreement shall
provide for a division of all property; spousal support; if there are
minor children of the marriage, the allocation of parental rights and
responsibilities for the care of the minor children, the designation
of a residential parent and legal custodian of the minor children,
child support, and parenting time rights; and, if the spouses so
desire, an authorization for the court to modify the amount or terms
of spousal support, or the division of property, provided in the
separation agreement. If there are minor children of the marriage,
the spouses may address the allocation of the parental rights and
responsibilities for the care of the minor children by including in
the separation agreement a plan under which both parents will have
shared rights and responsibilities for the care of the minor
children. The spouses shall file the plan with the petition for
dissolution of marriage and shall include in the plan the provisions
described in division (G) of section 3109.04 of the Revised Code.

(2)
The division of property in the separation agreement shall include
any participant account, as defined in section 148.01 of the Revised
Code, of either of the spouses, to the extent of the following:

(a)
The moneys that have been deferred by a continuing member or
participating employee, as defined in that section, and that have
been transmitted to the
Ohio

public
employees
deferred
compensation
retirement

board
during the marriage and any income that is derived from the
investment of those moneys during the marriage;

(b)
The moneys that have been deferred by an officer or employee of a
municipal corporation and that have been transmitted to the governing
board, administrator, depository, or trustee of the deferred
compensation program of the municipal corporation during the marriage
and any income that is derived from the investment of those moneys
during the marriage;

(c)
The moneys that have been deferred by an officer or employee of a
government unit, as defined in section 148.06 of the Revised Code,
and that have been transmitted to the governing board, as defined in
that section, during the marriage and any income that is derived from
the investment of those moneys during the marriage.

(3)
The separation agreement shall not require or permit the division or
disbursement of the moneys and income described in division (A)(2) of
this section to occur in a manner that is inconsistent with the law,
rules, or plan governing the deferred compensation program involved
or prior to the time that the spouse in whose name the participant
account is maintained commences receipt of the moneys and income
credited to the account in accordance with that law, rules, and plan.

(B)
An amended separation agreement may be filed at any time prior to or
during the hearing on the petition for dissolution of marriage. Upon
receipt of a petition for dissolution of marriage, the court may
cause an investigation to be made pursuant to the Rules of Civil
Procedure.

(C)(1)
If a petition for dissolution of marriage contains an authorization
for the court to modify the amount or terms of spousal support
provided in the separation agreement, the modification shall be in
accordance with section 3105.18 of the Revised Code.

(2)
If a petition for dissolution of marriage contains an authorization
for the court to modify the division of property provided in the
separation agreement, the modification shall be made with the express
written consent or agreement of both spouses.

Sec.
3107.01.
As
used in sections 3107.01 to 3107.20 of the Revised Code:

(A)
"Adoption" means to create the legal relationship of parent
and child between the petitioner and the adopted person, as if the
adopted person were a legitimate blood descendant of the petitioner,
for all purposes including inheritance and applicability of statutes,
documents, and instruments, whether executed before or after the
adoption is decreed, and which do not expressly exclude an adopted
person from their operation or effect.

(B)
"Agency" means any public or private organization
certified, licensed, or otherwise specially empowered by law or rule
to place minors for adoption.

(C)
"Attorney" means a person who has been admitted to the bar
by order of the Ohio supreme court.

(D)
"Best interest" means the factors a court uses to determine
the best interest of a child as set forth in section 3107.161 of the
Revised Code.

(E)
"Child" means a son or daughter, whether by birth or by
adoption.

(F)
"Court" means the probate courts of this state, and when
the context requires, means the court of any other state empowered to
grant petitions for adoption.

(G)
"Date of placement" means the date on which a child is
living with the child's prospective adoptive parent and becomes
eligible for adoption pursuant to statutory authority, judgment
decree or court order, or as otherwise authorized by law.

(H)
"Foster caregiver" has the same meaning as in section
5103.02 of the Revised Code.

(I)
"Identifying information" means any of the following with
regard to a person: first name, last name, maiden name, alias, social
security number, address, telephone number, place of employment,
number used to identify the person for the purpose of the statewide
education management information system established pursuant to
section 3301.0714 of the Revised Code, and any other number federal
or state law requires or permits to be used to identify the person.

(J)
"Kinship caregiver" has the same meaning as in section

5101.85

5180.50

of
the Revised Code.

(K)
"Legal custodian" has the same meaning as in section
5103.16 of the Revised Code.

(L)
"Legal custody" has the same meaning as in section 2151.011
of the Revised Code.

(M)
"Minor" means a person under the age of eighteen years.

(N)
"Parent" means a legally recognized natural or adoptive
parent of a child.

(O)
"Party" means a petitioner, adoptee, or any other person or
agency that is part of an adoption proceeding and whose consent to
the adoption is necessary but has not been obtained.

(P)
"Permanent custody" has the same meaning as in section
2151.011 of the Revised Code.

(Q)
"Placement" means the act by a public children services
agency, a private child placing agency, or a parent who is utilizing
an agency or attorney that is intended to arrange for the care or
custody of a child in accordance with Chapter 5103. of the Revised
Code.

(R)
"Planned permanent living arrangement" has the same meaning
as in section 2151.011 of the Revised Code.

(S)
"Putative father" means a man, including one under age
eighteen, who may be a child's father and to whom all of the
following apply:

(1)
He is not married to the child's mother at the time of the child's
conception or birth;

(2)
He has not adopted the child;

(3)
He has not been determined, prior to the date a petition to adopt the
child is filed, to have a parent and child relationship with the
child by a court proceeding pursuant to sections 3111.01 to 3111.18
of the Revised Code, a court proceeding in another state, an
administrative agency proceeding pursuant to sections 3111.38 to
3111.54 of the Revised Code, or an administrative agency proceeding
in another state;

(4)
He has not acknowledged paternity of the child pursuant to sections
3111.21 to 3111.35 of the Revised Code.

Sec.
3107.012.
(A)
A foster caregiver may use the application prescribed under division
(B) of this section to obtain the services of an agency to arrange an
adoption for the foster caregiver if the foster caregiver seeks to
adopt the foster caregiver's foster child who
has
resided
resides

in
the foster caregiver's home

for
at least six months prior to the date the foster caregiver submits
the application to the agency
.

(B)
The department of children and youth shall prescribe an application
for a foster caregiver to use under division (A) of this section. The
application shall not require that the foster caregiver provide any
information the foster caregiver already provided the department, or
undergo an inspection the foster caregiver already underwent, to
obtain a foster home certificate under section 5103.03 of the Revised
Code.

(C)
An agency that receives an application prescribed under division (B)
of this section from a foster caregiver authorized to use the
application shall not require, as a condition of the agency accepting
or approving the application, that the foster caregiver undergo a
criminal records check under section 2151.86 of the Revised Code as a
prospective adoptive parent. The agency shall inform the foster
caregiver, in accordance with division (G) of section 2151.86 of the
Revised Code, that the foster caregiver must undergo the criminal
records check before a court may issue a final decree of adoption or
interlocutory order of adoption under section 3107.14 of the Revised
Code.

Sec.
3107.031.
Except
as otherwise provided in this section, an assessor shall conduct a
home study for the purpose of ascertaining whether a person seeking
to adopt a minor is suitable to adopt. A written report of the home
study shall be filed with the court at least ten days before the
petition for adoption is heard.

A
person seeking to adopt a minor who knowingly makes a false statement
that is included in the written report of a home study conducted
pursuant to this section is guilty of the offense of falsification
under section 2921.13 of the Revised Code, and such a home study
shall not be filed with the court. If such a home study is filed with
the court, the court may strike the home study from the court's
records.

The
report shall contain the opinion of the assessor as to whether the
person who is the subject of the report is suitable to adopt a minor,
any multiple children assessment required under section 3107.032 of
the Revised Code, and other information and documents specified in
rules adopted by the director of children and youth under section
3107.033 of the Revised Code. The assessor shall not consider the
person's age when determining whether the person is suitable to adopt
if the person is old enough to adopt as provided by section 3107.03
of the Revised Code.

An
assessor may request departments or agencies within or outside this
state to assist in the home study as may be appropriate and to make a
written report to be included with and attached to the report to the
court. The assessor shall make similar home studies and reports on
behalf of other assessors designated by the courts of this state or
another place.

Upon
order of the court, the costs of the home study and other proceedings
shall be paid by the person seeking to adopt, and, if the home study
is conducted by a public agency or public employee, the part of the
cost representing any services and expenses shall be taxed as costs
and paid into the state treasury or county treasury, as the court may
direct.

On
request, the assessor shall provide the person seeking to adopt a
copy of the report of the home study. The assessor shall delete from
that copy any provisions concerning the opinion of other persons,
excluding the assessor, of the person's suitability to adopt a minor.

This
section does not apply to a foster caregiver seeking to adopt the
foster caregiver's foster child if the foster child
has
resided
resides

in
the foster caregiver's home

for
at least six months prior to the date
and

the
foster caregiver submits an application prescribed under division (B)
of section 3107.012 of the Revised Code to the agency arranging the
adoption.

Sec.
3107.033.
The
director of children and youth shall adopt rules in accordance with
Chapter 119. of the Revised Code specifying both of the following:

(A)
The manner in which a home study is to be conducted and the
information and documents to be included in a home study report,
which shall include, pursuant to section 3107.034 of the Revised
Code, a summary report of a search of the uniform statewide automated
child welfare information system established in section
5101.13

5180.40

of
the Revised Code and a report of a check of a central registry of
another state if a request for a check of a central registry of
another state is required under division (A) of section 3107.034 of
the Revised Code. The director shall ensure that rules adopted under
this section align the home study content, time period, and process
with any foster care home study content, time period, and process
required by rules adopted under section 5103.03 of the Revised Code.

(B)
A procedure under which a person whose application for adoption has
been denied as a result of a search of the uniform statewide
automated child welfare information system established in section

5101.13

5180.40

of
the Revised Code as part of the home study may appeal the denial to
the agency that employed the assessor who filed the report.

Sec.
3107.034.
(A)
Whenever a prospective adoptive parent or a person eighteen years of
age or older who resides with a prospective adoptive parent has
resided in another state within the five-year period immediately
prior to the date on which a criminal records check is requested for
the person under division (A) of section 2151.86 of the Revised Code,
the administrative director of an agency, or attorney, who arranges
the adoption for the prospective adoptive parent shall request a
check of the central registry of abuse and neglect of this state from
the department of children and youth regarding the prospective
adoptive parent or the person eighteen years of age or older who
resides with the prospective adoptive parent to enable the agency or
attorney to check any child abuse and neglect registry maintained by
that other state. The administrative director or attorney shall make
the request and shall review the results of the check before a final
decree of adoption or an interlocutory order of adoption making the
person an adoptive parent may be made. Information received pursuant
to the request shall be considered for purposes of this chapter as if
it were a summary report required under section 3107.033 of the
Revised Code. The department of children and youth shall comply with
any request to check the central registry that is similar to the
request described in this division and that is received from any
other state.

(B)
The summary report of a search of the uniform statewide automated
child welfare information system established in section
5101.13

5180.40

of
the Revised Code that is required under section 3107.033 of the
Revised Code shall contain, if applicable, a chronological list of
abuse and neglect determinations or allegations of which the person
seeking to adopt is subject and in regards to which a public children
services agency has done one of the following:

(1)
Determined that abuse or neglect occurred;

(2)
Initiated an investigation, and the investigation is ongoing;

(3)
Initiated an investigation and the agency was unable to determine
whether abuse or neglect occurred.

(C)
The summary report required under section 3107.033 of the Revised
Code shall not contain any of the following:

(1)
An abuse and neglect determination of which the person seeking to
adopt is subject and in regards to which a public children services
agency determined that abuse or neglect did not occur;

(2)
Information or reports the dissemination of which is prohibited by,
or interferes with eligibility under, the "Child Abuse
Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C. 5101
et seq., as amended;

(3)
The name of the person who or entity that made, or participated in
the making of, the report of abuse or neglect.

(D)(1)
An application for adoption may be denied based on a summary report
containing the information described under division (B)(1) of this
section, when considered within the totality of the circumstances. An
application that is denied may be appealed using the procedure
adopted pursuant to division (B) of section 3107.033 of the Revised
Code.

(2)
An application for adoption shall not be denied solely based on a
summary report containing the information described under division
(B)(2) or (3) of this section.

Sec.
3107.062.
(A)(1)

The
department of
job
and family services
children
and youth
shall
establish a putative father registry. To register, a putative father
must complete a registration form prescribed under section 3107.065
of the Revised Code and submit it to the department. The registration
form shall include the putative father's name; the name of the mother
of the person he claims as his child; and the address or telephone
number at which he wishes to receive, pursuant to section 3107.11 of
the Revised Code, notice of any petition that may be filed to adopt a
minor he claims as his child.

(2)

A
putative father may register at any time. For the purpose of
preserving the requirement of his consent to an adoption, a putative
father shall register before or not later than fifteen days after the
birth of the child. No fee shall be charged for registration.

(B)

On
receipt of a completed registration form, the department shall
indicate on the form the date of receipt and file it in the putative
father registry. The department shall maintain registration forms in
a manner that enables it to access a registration form using either
the name of the putative father or of the mother.

(C)
The department of children and youth shall grant the office of child
support in the department of job and family services and a child
support enforcement agency access to the putative father registry for
purposes of section 3111.69 of the Revised Code.

Sec.
3107.063.
(A)
An attorney arranging a minor's adoption, a mother, a public children
services agency, a private noncustodial agency, or a private child
placing agency may request at any time that the department of
job
and family services
children
and youth
search
the putative father registry to determine whether a man is registered
as the minor's putative father. The request shall include the
mother's name. On receipt of the request, the department shall search
the registry. If the department determines that a man is registered
as the minor's putative father, it shall provide the attorney,
mother, or agency a certified copy of the man's registration form. If
the department determines that no man is registered as the minor's
putative father, it shall provide the attorney, mother, or agency a
certified written statement to that effect. The department shall
specify in the statement the date the search request was submitted.
No fee shall be charged for searching the registry.

Division
(B) of section 3107.17 of the Revised Code does not apply to this
section.

(B)
If the department of
job
and family services
children
and youth
provides
a certified copy of a putative father's registration form pursuant to
division (A) of this section, the department also shall provide a
written notice to the putative father:

(1)
That he may be the father of the minor he claims as his child on the
registration form;

(2)
That the minor is being or may be placed for adoption; and

(3)
Of his right to consent or refuse to consent to the minor's adoption
to the extent provided under Chapter 3107. of the Revised Code.

(C)
The department shall provide the notice under this section not later
than ten business days after the date it provides the certified copy
of the registration form pursuant to division (A) of this section.

Sec.
3107.064.
(A)
Except as provided in division (B) of this section, a court shall not
issue a final decree of adoption or finalize an interlocutory order
of adoption unless the mother placing the minor for adoption or the
agency or attorney arranging the adoption files with the court a
certified document provided by the department of
job
and family services
children
and youth
under
section 3107.063 of the Revised Code. The court shall not accept the
document unless the date the department places on the document
pursuant to that section is sixteen or more days after the date of
the minor's birth.

(B)
The document described in division (A) of this section is not
required if any of the following apply:

(1)
The mother was married at the time the minor was conceived or born;

(2)
The parent placing the minor for adoption previously adopted the
minor;

(3)
Prior to the date a petition to adopt the minor is filed, a man has
been determined to have a parent and child relationship with the
minor by a court proceeding pursuant to sections 3111.01 to 3111.18
of the Revised Code, a court proceeding in another state, an
administrative agency proceeding pursuant to sections 3111.38 to
3111.54 of the Revised Code, or an administrative agency proceeding
in another state;

(4)
The minor's father acknowledged paternity of the minor and that
acknowledgment has become final pursuant to section 2151.232,
3111.25, or 3111.821 of the Revised Code;

(5)
A public children services agency has permanent custody of the minor
pursuant to Chapter 2151. or division (B) of section 5103.15 of the
Revised Code after both parents lost or surrendered parental rights,
privileges, and responsibilities over the minor.

Sec.
3107.065.
Not
later than ninety days after the effective date of this section, the
director of
job
and family services
children
and youth
shall
do both of the following:

(A)
Adopt rules in accordance with Chapter 119. of the Revised Code
governing the putative father registry. The rules shall establish the
registration form to be used by a putative father under section
3107.062 of the Revised Code.

(B)
Establish a campaign to promote awareness of the putative father
registry. The campaign shall include informational materials about
the registry.

Sec.
3107.38.
(A)
As used in sections 3107.38 to 3107.394 of the Revised Code:

(1)
"Adopted person" means a person who was adopted but is not
an adopted person as defined in section 3107.45 of the Revised Code.

(2)
"Adoption file" means a file maintained by the department
of health under sections 3705.12 to 3705.124 of the Revised Code.

(3)
"Biological parent" means a parent, by birth, of a person
who is, or is to become, an adopted person.

(4)
"Biological parent's name redaction request form" means the
form prescribed under section 3107.391 of the Revised Code.

(5)
"Biological sibling" means a sibling, by birth, of a person
who is, or is to become, an adopted person.

(6)
"Contact preference form" means the form prescribed under
section 3107.39 of the Revised Code.

(7)
"File of releases" means the filing system for releases
that former section 3107.40 of the Revised Code, as repealed by Sub.
S.B. 23 of the 130th general assembly, required the department of
health to maintain.

(8)
"Items of identification" include a motor vehicle driver's
or commercial driver's license, an identification card issued under
sections 4507.50 to 4507.52 of the Revised Code, a marriage
application, a social security card, a credit card, a military
identification card, or an employee identification card.

(9)
"Lineal descendant of an adopted person" means a person who
by reason of blood or adoption is a lineal descendant of an adopted
person.

(10)
"Offspring" means a child, by birth, of a person.

(11)
"Release" means both of the following:

(a)
A release filed by a biological parent or biological sibling pursuant
to former section 3107.40 of the Revised Code, as repealed by Sub.
S.B. 23 of the 130th general assembly, that authorized the release of
identifying information to the biological parent's offspring or the
release of specified information to the biological sibling's adopted
sibling pursuant to former section 3107.41 of the Revised Code, as
repealed by Sub. S.B. 23 of the 130th general assembly;

(b)
A withdrawal of release filed by a biological parent or biological
sibling pursuant to former section 3107.40 of the Revised Code, as
repealed by Sub. S.B. 23 of the 130th general assembly.

(B)
Subject to division (C) of this section, an adopted person or lineal
descendant of an adopted person may submit a written request to the
department of health for the department to provide the adopted person
or lineal descendant of an adopted person with a copy of the contents
of the adopted person's adoption file. The request shall provide the
requester's address and notarized signature and be accompanied by two
items of identification of the requester. If the requester is a
lineal descendant of an adopted person, the request shall also
provide notarized documentation evidencing the requester's
relationship to the adopted person. On receipt of a request and
payment of the fee required by section 3705.241 of the Revised Code,
the department shall mail to the requester, at the address provided
in the request, a copy of the contents of the adopted person's
adoption file if the department has an adoption file, including all
releases transferred to the adoption file pursuant to section
3107.381 of the Revised Code, for the adopted person. If the adoption
file includes a biological parent's name redaction request form from
a biological parent, the department shall redact the biological
parent's name from the copy of the contents of the adoption file that
is mailed to the requester. If the department removes the biological
parent's name redaction request form from the adoption file pursuant
to division
(D)

(A)

of
section 3107.391 of the Revised Code after the department mails the
copy of the contents of the adoption file to the requester, the
department shall mail to the requester another copy of the contents
with the biological parent's name included.

(C)
An adopted person or lineal descendant of an adopted person may not
submit a request under this section until the adopted person or
lineal descendant is at least eighteen years of age.

Sec.
3107.391.
(A)

The
department of job and family services shall prescribe a biological
parent's name redaction request form. The form shall include all of
the following:

(1)
Information about the procedures and requirements for a biological
parent to do either of the following:

(a)
Have the form placed in the adoption file of the biological parent's
offspring so that the biological parent's name is redacted from a
copy of the contents of the adoption file that a person receives
under section 3107.38 of the Revised Code;

(b)
Have the form removed from the adoption file if the biological parent
later decides to permit the biological parent's name to be included
in a copy of the contents of the adoption file that a person receives
under section 3107.38 of the Revised Code.

(2)
Provisions necessary for the department of health to be able to
identify the adoption file of the adopted person to whom the form
pertains;

(3)
A place for the biological parent to attest that the biological
parent is the biological parent of the adopted person to whom the
form pertains.

(B)
The department of job and family services shall make the biological
parent's name redaction request form available to the department of
health.

(C)(1)
Until one year after the effective date of this section, the
department of health shall make a biological parent's name redaction
request form available to a biological parent on request. The
department may accept a completed biological parent's name redaction
request form only if all of the following apply:

(a)
The form is submitted to the department not later than one year after
the effective date of this section.

(b)
The form has been notarized.

(c)
The biological parent provides the department two items of
identification of the biological parent.

(d)
If a social and medical history for the biological parent was not
previously prepared or such a history was prepared but should be
corrected or expanded, the biological parent does the following as
appropriate:

(i)
Completes a social and medical history form in accordance with
section 3107.091 or 3107.393 of the Revised Code;

(ii)
Corrects or expands the biological parent's social and medical
history in accordance with division (D) of section 3107.09 of the
Revised Code.

(e)
The department is satisfied that the form has been substantially
completed.

(2)
If the department determines that it may accept the biological
parent's name redaction request form, it shall accept the form. As
soon as the department identifies the adoption file of the adopted
person to whom the form pertains, it shall place the form in that
file.

(D)(1)

A
biological parent who
has

had

a
biological parent's name redaction request form accepted
under
division (C) of this section
by
the department of health between March 20, 2014, and March 20, 2015,

may
request at any time that the department remove the form from the
adoption file of the adopted person to whom the form pertains

if
the biological parent decides to permit the biological parent's name
to be included in a copy of the contents of the adoption file that a
person receives under section 3107.38 of the Revised Code
.
The department shall remove the form from the adoption file if the
biological parent provides the department all of the following:

(a)
(1)

Two items of identification of the biological parent;

(b)
(2)

Information the department needs to be able to identify the adoption
file of the adopted person to whom the form pertains;

(c)
(3)

A notarized attestation that the biological parent is the biological
parent of the adopted person to whom the form pertains.

(2)
(B)

When the department removes a biological parent's name redaction
request form from an adoption file under division
(D)(1)
(A)

of this section, the department shall destroy the form.

Sec.
3109.14.
(A)
As used in this section, "birth record" and "certification
of birth" have the meanings given in section 3705.01 of the
Revised Code.

(B)(1)
The director of health, a person authorized by the director, a local
commissioner of health, or a local registrar of vital statistics
shall charge and collect a fee for each certified copy of a birth
record, for each certification of birth, and for each copy of a death
record. The fee shall be three dollars. The fee is in addition to the
fee imposed by section 3705.24 or any other section of the Revised
Code. A local commissioner of health or a local registrar of vital
statistics may retain an amount of each additional fee collected, not
to exceed three per cent of the amount of the additional fee, to be
used for costs directly related to the collection of the fee and the
forwarding of the fee to the department of health.

The
additional fees collected by the director of health or a person
authorized by the director and the additional fees collected but not
retained by a local commissioner of health or a local registrar of
vital statistics shall be forwarded to the department of health not
later than thirty days following the end of each quarter. Not later
than two days after the fees are forwarded to the department each
quarter, the department shall
pay

deposit

the
collected fees
to
the treasurer of state in accordance with rules adopted by the
treasurer of state under section 113.08 of the Revised Code
in
the state treasury to the credit of the children's trust fund
.

A
person or government entity that fails to forward the fees in a
timely manner, as determined by the department, shall send to the
department, in addition to the fees, a penalty equal to ten per cent
of the fees. The department also shall deposit any penalty received
in the state treasury to the credit of the children's trust fund.

(2)
Upon the filing for a divorce decree under section 3105.10 or a
decree of dissolution under section 3105.65 of the Revised Code, a
court of common pleas shall charge and collect a fee. The fee shall
be eleven dollars. The fee is in addition to any other court costs or
fees. The county clerk of courts may retain an amount of each
additional fee collected, not to exceed three per cent of the amount
of the additional fee, to be used for costs directly related to the
collection of the fee and the forwarding of the fee to the treasurer
of state. The additional fees collected, but not retained, under
division (B)(2) of this section shall be forwarded to the treasurer
of state not later than twenty days following the end of each month.

The
treasurer of state shall deposit the fees received under division
(B)(2) of this section in the state treasury to the credit of the
children's trust fund. A county clerk of courts that fails to forward
the fees in a timely manner, as determined by the treasurer of state,
shall send to the treasurer of state, in addition to the fees, a
penalty equal to ten per cent of the fees. The treasurer of state
also shall deposit any penalty received in the state treasury to the
credit of the children's trust fund.

(C)

The
treasurer of state shall deposit the fees paid or forwarded under
this section in the state treasury to the credit of the children's
trust fund, which is hereby created. A person or government entity
that fails to forward the fees in a timely manner, as determined by
the treasurer of state, shall send to the treasurer of state, in
addition to the fees, a penalty equal to ten per cent of the fees.

The
children's trust fund is created in the state treasury.
The
treasurer of state shall invest the moneys in the fund, and all
earnings resulting from investment of the fund shall be credited to
the fund, except that actual administrative costs incurred by the
treasurer of state in administering the fund may be deducted from the
earnings resulting from investments. The amount that may be deducted
shall not exceed three per cent of the total amount of fees credited
to the fund in each fiscal year, except that the children's trust
fund board may approve an amount for actual administrative costs
exceeding three per cent but not exceeding four per cent of such
amount. The balance of the investment earnings shall be credited to
the fund. Moneys credited to the fund shall be used only for the
purposes described in sections 3109.13 to 3109.179 of the Revised
Code.

Sec.
3109.171.
For
the purpose of administering child abuse and child neglect prevention
programming and services approved by the children's trust fund board,
there are hereby created
the
following eight
child
abuse and child neglect prevention regions

in
the state:

One
region consisting of the following counties: Defiance, Erie, Fulton,
Hancock, Henry, Huron, Lucas, Ottawa, Paulding, Putnam, Sandusky,
Seneca, Van Wert, Williams, Wood, and Wyandot.

One
region consisting of the following counties: Ashtabula, Cuyahoga,
Geauga, and Lake.

One
region consisting of the following counties: Ashland, Columbiana,
Holmes, Lorain, Mahoning, Medina, Portage, Stark, Summit, Trumbull,
and Wayne.

One
region consisting of the following counties: Allen, Auglaize,
Champaign, Clark, Darke, Greene, Hardin, Logan, Mercer, Miami,
Montgomery, Preble, and Shelby.

One
region consisting of the following counties: Crawford, Delaware,
Fairfield, Fayette, Franklin, Knox, Licking, Madison, Marion, Morrow,
Pickaway, Richland, and Union.

One
region consisting of the following counties: Belmont, Carroll,
Coshocton, Guernsey, Harrison, Jefferson, Monroe, Muskingum, Noble,
and Tuscarawas.

One
region consisting of the following counties: Adams, Brown, Butler,
Clermont, Clinton, Hamilton, Highland, and Warren.

One
region consisting of the following counties: Athens, Gallia, Hocking,
Jackson, Lawrence, Meigs, Morgan, Perry, Pike, Ross, Scioto, Vinton,
and Washington
.

The
board, in consultation with the department of children and youth,
shall determine the number of regions and the counties within each
region. Each county in the state shall be included in a region.

Sec.
3109.172.
(A)
As used in this section, "county prevention specialist"
includes the following:

(1)
Members of agencies responsible for the administration of children's
services in the counties within a child abuse and child neglect
prevention region established in section 3109.171 of the Revised
Code;

(2)
Providers of alcohol or drug addiction services or members of boards
of alcohol, drug addiction, and mental health services that serve
counties within a region;

(3)
Providers of mental health services or members of boards of alcohol,
drug addiction, and mental health services that serve counties within
a region;

(4)
Members of county boards of developmental disabilities that serve
counties within a region;

(5)
Members of the educational community appointed by the superintendent
of the school district with the largest enrollment in the counties
within a region;

(6)
Juvenile justice officials serving counties within a region;

(7)
Pediatricians, health department nurses, and other members of the
medical community in the counties within a region;

(8)
Counselors and social workers serving counties within a region;

(9)
Head start agencies serving counties within a region;

(10)
Child care providers serving counties within a region;

(11)
Parent advocates with relevant experience and knowledge of services
in a region;

(12)
Other persons with demonstrated knowledge in programs for children
serving counties within a region.

(B)
Each child abuse and child neglect prevention region shall have a
child abuse and child neglect regional prevention council as
appointed under divisions (C), (D), and (E) of this section. Each
council shall operate in accordance with rules adopted by the
department of children and youth pursuant to Chapter 119. of the
Revised Code.

(C)(1)
Each board of county commissioners within a region may appoint up to
two county prevention specialists to the council representing the
county, in accordance with rules adopted by the department of
children and youth under Chapter 119. of the Revised Code.
The
reappointment of a chairperson by a board of county commissioners in
accordance with division (D) of this section shall not be considered
to be an appointment under this division.

(2)
The children's trust fund board may appoint additional county
prevention specialists to each region's council at the board's
discretion.

(D)
Each council member appointed under
division
(C)(1) of
this
section shall be appointed for a two-year term.
Each
council member appointed under division (C)(2) of this section shall
be appointed for a three-year term.
A
member may be reappointed, but for two consecutive terms only.
A
council member selected as chairperson of a child abuse and child
neglect regional prevention council in accordance with division (G)
of this section is eligible to be reappointed by the original
appointing authority.

(E)
A member may be removed from the council by the member's appointing
authority for misconduct, incompetence, or neglect of duty.

(F)
Each appointed member of a council shall serve without compensation
but shall be reimbursed for all actual and necessary expenses
incurred in the performance of official duties.

(G)
A chairperson shall be selected by the council's regional prevention
coordinator from among the county prevention specialists serving on
the council.

(1)
The chairperson shall serve as a nonvoting member of the council.

(2)
The chairperson shall preside over council meetings or may call upon
the vice-chairperson to preside over meetings.

(H)
At the first regular meeting of the year, which shall be called by
the chairperson, the members shall elect a vice-chairperson by a
majority vote.

(1)
The vice-chairperson shall preside over council meetings in the
absence of the chairperson or upon the request of the chairperson.

(2)
The vice-chairperson functions in the same capacity as the
chairperson and becomes a nonvoting member when presiding over a
council meeting.

(I)
Each council shall meet at least quarterly.

(J)
Council members shall do all of the following:

(1)
Attend meetings of the council on which they serve;

(2)
Assist the regional prevention coordinator in conducting a needs
assessment to ascertain the child abuse and child neglect prevention
programming and services that are needed in their region;

(3)
Collaborate on assembling the council's regional prevention plan
based on children's trust fund board guidelines pursuant to section
3109.174 of the Revised Code;

(4)
Assist the council's regional prevention coordinator with all of the
following:

(a)
Implementing the regional prevention plan, including monitoring
fulfillment of child abuse and child neglect prevention deliverables
and achievement of prevention outcomes;

(b)
Coordinating county data collection;

(c)
Ensuring timely and accurate reporting to the children's trust fund
board.

(5)
Any additional duties specified in accordance with rules adopted by
the department pursuant to Chapter 119. of the Revised Code.

(K)
No council member shall participate in matters of the council
pertaining to their own interests, including applications for funding
by a council member or any entity, public or private, of which a
council member serves as either a board member or employee.

(L)
Each council shall file with the children's trust fund board, not
later than the due dates specified by the board, a progress report
and an annual report regarding the council's child abuse and child
neglect prevention programs and activities undertaken in accordance
with the council's regional prevention plan. The reports shall
contain all information required by the board.

Sec.
3109.173.
(A)
Each child abuse and child neglect regional prevention council shall
be under the direction of a regional prevention coordinator. The
children's trust fund board
shall

may

select
each region's coordinator through a competitive selection process
conducted by the board.

If
the board has not selected a regional coordinator through a
competitive selection process for a region, children's trust fund
staff shall serve as coordinator for that region.

(B)
Regional prevention coordinators shall do all of the following:

(1)
Select a representative to serve as chairperson of the regional
prevention council

pursuant
to division (G) of section 3109.172 of the Revised Code
;

(2)
Conduct a needs assessment to ascertain the child abuse and neglect
prevention programming and services that are needed in the region;

(3)
Work with county prevention specialists in the region to assemble the
regional prevention plan based on children's trust fund board
guidelines pursuant to section 3109.174 of the Revised Code;

(4)
Implement the regional prevention plan, including the following:

(a)
Monitoring fulfillment of prevention deliverables and achievement of
prevention outcomes;

(b)
Coordinating county data collection;

(c)
Ensuring timely and accurate reporting to the board.

(5)
Any additional duties specified by the department in rules adopted
pursuant to Chapter 119. of the Revised Code.

Sec.
3109.178.
(A)

Each
child abuse and child neglect regional prevention council
An
entity
may
request from the children's trust fund board up to five thousand
dollars
for
each county within the council's region
to
be used as one-time, start-up costs for the establishment and
operation of a children's advocacy center to serve
each

at
least one
county

in
the region or a center to serve two or more contiguous counties
within the region
.

(B)
On receipt of a request made under this section, the board shall
review and approve or disapprove the request.

(C)
If the board disapproves the request, the board shall send to the

requesting
council
entity
requesting funds
written
notice of the disapproval that states the reasons for the
disapproval.

(D)
No funds allocated
to
a council
under
this section may be used as start-up costs for any children's
advocacy center unless the center has as a component a primary
prevention strategy.

(E)

A
council
An
entity
that
receives funds under this section in any fiscal year shall not use
the funds received in a different fiscal year or for a different
center in any fiscal year without the approval of the board.

(F)
A children's advocacy center established using funds awarded under
this section shall comply with sections 2151.425 to 2151.428 of the
Revised Code.

Sec.
3115.201.
(A)
In a proceeding to establish or enforce a support order or to
determine parentage of a child, a tribunal or support enforcement
agency of this state may exercise personal jurisdiction over a
nonresident individual if any of the following apply:

(1)
The individual is personally served with summons within this state.

(2)
The individual submits to the jurisdiction of this state by consent
in a record, by entering a general appearance, or by filing a
responsive document having the effect of waiving any contest to
personal jurisdiction.

(3)
The individual resided with the child in this state.

(4)
The individual resided in this state and provided prenatal expenses
or support for the child.

(5)
The child resides in this state as a result of the acts or directives
of the individual.

(6)
The individual engaged in sexual intercourse in this state and the
child may have been conceived by that act of intercourse.

(7)
The individual asserted parentage of a child in the putative father
registry maintained in this state by the department of
job
and family services
children
and youth
.

(8)
There is any other basis consistent with the Constitutions of this
state and the United States for the exercise of personal
jurisdiction.

(B)
The bases of personal jurisdiction set forth in division (A) of this
section or in any other law of this state may not be used to acquire
personal jurisdiction for a tribunal of this state to modify a
child-support order of another state unless the requirements of
section 3115.611 of the Revised Code are met or, in the case of a
foreign support order, unless the requirements of section 3115.615 of
the Revised Code are met.

Sec.
3119.01.
(A)
As used in the Revised Code, "child support enforcement agency"
means a child support enforcement agency designated under former
section 2301.35 of the Revised Code prior to October 1, 1997, or a
private or government entity designated as a child support
enforcement agency under section 307.981 of the Revised Code.

(B)
As used in this chapter and Chapters 3121., 3123., and 3125. of the
Revised Code:

(1)
"Administrative child support order" means any order issued
by a child support enforcement agency for the support of a child
pursuant to section 3109.19 or 3111.81 of the Revised Code or former
section 3111.211 of the Revised Code, section 3111.21 of the Revised
Code as that section existed prior to January 1, 1998, or section
3111.20 or 3111.22 of the Revised Code as those sections existed
prior to March 22, 2001.

(2)
"Child support order" means either a court child support
order or an administrative child support order.

(3)
"Obligee" means the person who is entitled to receive the
support payments under a support order.

(4)
"Obligor" means the person who is required to pay support
under a support order.

(5)
"Support order" means either an administrative child
support order or a court support order.

(C)
As used in this chapter:

(1)
"Caretaker" means any of the following, other than a
parent:

(a)
A person with whom the child resides for at least thirty consecutive
days, and who is the child's primary caregiver;

(b)
A person who is receiving public assistance on behalf of the child;

(c)
A person or agency with legal custody of the child, including a
county department of job and family services or a public children
services agency;

(d)
A guardian of the person or the estate of a child;

(e)
Any other appropriate court or agency with custody of the child.

"Caretaker"
excludes a "host family" as defined under section 2151.90
of the Revised Code.

(2)
"Cash medical support" means an amount ordered to be paid
in a child support order toward the ordinary medical expenses
incurred during a calendar year.

(3)
"Child care cost" means annual out-of-pocket costs for the
care and supervision of a child or children subject to the order that
is related to work or employment training.

(4)
"Court child support order" means any order issued by a
court for the support of a child pursuant to Chapter 3115. of the
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33, 2151.36,
2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3109.20, 3111.13,
3113.04, 3113.07, 3113.31, 3119.11, 3119.65, or 3119.70 of the
Revised Code, or division (B) of former section 3113.21 of the
Revised Code.

(5)
"Court-ordered parenting time" means the amount of
parenting time a parent is to have under a parenting time order or
the amount of time the children are to be in the physical custody of
a parent under a shared parenting order.

(6)
"Court support order" means either a court child support
order or an order for the support of a spouse or former spouse issued
pursuant to Chapter 3115. of the Revised Code, section 3105.18,
3105.65, or 3113.31 of the Revised Code, or division (B) of former
section 3113.21 of the Revised Code.

(7)
"CPI-U" means the consumer price index for all urban
consumers, published by the United States department of labor, bureau
of labor statistics.

(8)
"Extraordinary medical expenses" means any uninsured
medical expenses incurred for a child during a calendar year that
exceed the total cash medical support amount owed by the parents
during that year.

(9)
"Federal poverty level" has the same meaning as in section
5121.30 of the Revised Code.

(10)
"Income" means either of the following:

(a)
For a parent who is employed to full capacity, the gross income of
the parent;

(b)
For a parent who is unemployed or underemployed, the sum of the gross
income of the parent and any potential income of the parent.

(11)
"Income share" means the percentage derived from a
comparison of each parent's annual income after allowable deductions
and credits as indicated on the worksheet to the total annual income
of both parents.

(12)
"Insurer" means any person authorized under Title XXXIX of
the Revised Code to engage in the business of insurance in this
state, any health insuring corporation, and any legal entity that is
self-insured and provides benefits to its employees or members.

(13)
"Gross income" means, except as excluded in division
(C)(13) of this section, the total of all earned and unearned income
from all sources during a calendar year, whether or not the income is
taxable, and includes income from salaries, wages, overtime pay, and
bonuses to the extent described in division (D) of section 3119.05 of
the Revised Code; commissions; royalties; tips; rents; dividends;
severance pay; pensions; interest; trust income; annuities; social
security benefits, including retirement, disability, and survivor
benefits that are not means-tested; workers' compensation benefits;
unemployment insurance benefits; disability insurance benefits;
benefits that are not means-tested and that are received by and in
the possession of the veteran who is the beneficiary for any
service-connected disability under a program or law administered by
the United States department of veterans' affairs or veterans'
administration; spousal support actually received; and all other
sources of income. "Gross income" includes income of
members of any branch of the United States armed services or national
guard, including, amounts representing base pay, basic allowance for
quarters, basic allowance for subsistence, supplemental subsistence
allowance, cost of living adjustment, specialty pay, variable housing
allowance, and pay for training or other types of required drills;
self-generated income; and potential cash flow from any source.

"Gross
income" does not include any of the following:

(a)
Benefits received from means-tested government administered programs,
including Ohio works first; prevention, retention, and contingency;
means-tested veterans' benefits; supplemental security income;
supplemental nutrition assistance program; disability financial
assistance; or other assistance for which eligibility is determined
on the basis of income or assets;

(b)
Benefits for any service-connected disability under a program or law
administered by the United States department of veterans' affairs or
veterans' administration that are not means-tested, that have not
been distributed to the veteran who is the beneficiary of the
benefits, and that are in the possession of the United States
department of veterans' affairs or veterans' administration;

(c)
Child support amounts received for children who are not included in
the current calculation;

(d)
Amounts paid for mandatory deductions from wages such as union dues
but not taxes, social security, or retirement in lieu of social
security;

(e)
Nonrecurring or unsustainable income or cash flow items;

(f)
Adoption assistance, kinship guardianship assistance, and foster care
maintenance payments made pursuant to Title IV-E of the "Social
Security Act," 94 Stat. 501, 42 U.S.C.A. 670 (1980), as amended;

(g)
State kinship guardianship assistance described in section 5153.163
of the Revised Code and payment from the kinship support program
described in section
5101.881

5180.531

of
the Revised Code.

(14)
"Nonrecurring or unsustainable income or cash flow item"
means an income or cash flow item the parent receives in any year or
for any number of years not to exceed three years that the parent
does not expect to continue to receive on a regular basis.
"Nonrecurring or unsustainable income or cash flow item"
does not include a lottery prize award that is not paid in a lump sum
or any other item of income or cash flow that the parent receives or
expects to receive for each year for a period of more than three
years or that the parent receives and invests or otherwise uses to
produce income or cash flow for a period of more than three years.

(15)
"Ordinary medical expenses" includes copayments and
deductibles, and uninsured medical-related costs for the children of
the order.

(16)(a)
"Ordinary and necessary expenses incurred in generating gross
receipts" means actual cash items expended by the parent or the
parent's business and includes depreciation expenses of business
equipment as shown on the books of a business entity.

(b)
Except as specifically included in "ordinary and necessary
expenses incurred in generating gross receipts" by division
(C)(16)(a) of this section, "ordinary and necessary expenses
incurred in generating gross receipts" does not include
depreciation expenses and other noncash items that are allowed as
deductions on any federal tax return of the parent or the parent's
business.

(17)
"Personal earnings" means compensation paid or payable for
personal services, however denominated, and includes wages, salary,
commissions, bonuses, draws against commissions, profit sharing,
vacation pay, or any other compensation.

(18)
"Potential income" means both of the following for a parent
who the court pursuant to a court support order, or a child support
enforcement agency pursuant to an administrative child support order,
determines is voluntarily unemployed or voluntarily underemployed:

(a)
Imputed income that the court or agency determines the parent would
have earned if fully employed as determined from the following
criteria:

(i)
The parent's prior employment experience;

(ii)
The parent's education;

(iii)
The parent's physical and mental disabilities, if any;

(iv)
The availability of employment in the geographic area in which the
parent resides;

(v)
The prevailing wage and salary levels in the geographic area in which
the parent resides;

(vi)
The parent's special skills and training;

(vii)
Whether there is evidence that the parent has the ability to earn the
imputed income;

(viii)
The age and special needs of the child for whom child support is
being calculated under this section;

(ix)
The parent's increased earning capacity because of experience;

(x)
The parent's decreased earning capacity because of a felony
conviction;

(xi)
Any other relevant factor.

(b)
Imputed income from any nonincome-producing assets of a parent, as
determined from the local passbook savings rate or another
appropriate rate as determined by the court or agency, not to exceed
the rate of interest specified in division (A) of section 1343.03 of
the Revised Code, if the income is significant.

(19)
"Schedule" means the basic child support schedule created
pursuant to section 3119.021 of the Revised Code.

(20)
"Self-generated income" means gross receipts received by a
parent from self-employment, proprietorship of a business, joint
ownership of a partnership or closely held corporation, and rents
minus ordinary and necessary expenses incurred by the parent in
generating the gross receipts. "Self-generated income"
includes expense reimbursements or in-kind payments received by a
parent from self-employment, the operation of a business, or rents,
including company cars, free housing, reimbursed meals, and other
benefits, if the reimbursements are significant and reduce personal
living expenses.

(21)
"Self-sufficiency reserve" means the minimal amount
necessary for an obligor to adequately subsist upon, as determined
under section 3119.021 of the Revised Code.

(22)
"Split parental rights and responsibilities" means a
situation in which there is more than one child who is the subject of
an allocation of parental rights and responsibilities and each parent
is the residential parent and legal custodian of at least one of
those children.

(23)
"Worksheet" means the applicable worksheet created in rules
adopted under section 3119.022 of the Revised Code that is used to
calculate a parent's child support obligation.

Sec.
3121.441.
(A)
Notwithstanding the provisions of this chapter, Chapters 3119.,
3123., and 3125., and sections 3770.071 and 5107.20 of the Revised
Code providing for the office of child support in the department of
job and family services to collect, withhold, or deduct spousal
support, when a court pursuant to section 3105.18 or 3105.65 of the
Revised Code issues or modifies an order requiring an obligor to pay
spousal support or grants or modifies a decree of dissolution of
marriage incorporating a separation agreement that provides for
spousal support, or at any time after the issuance, granting, or
modification of an order or decree of that type, the court may permit
the obligor to make the spousal support payments directly to the
obligee instead of to the office if the obligee and the obligor have
no minor children born as a result of their marriage and the obligee
has not assigned the spousal support amounts to the department
pursuant to section 5107.20 or 5160.38 of the Revised Code.

(B)
A court that permits an obligor to make spousal support payments
directly to the obligee pursuant to division (A) of this section
shall order the obligor to make the spousal support payments as a
check, as a money order, or in any other form that establishes a
clear record of payment.

(C)
If a court permits an obligor to make spousal support payments
directly to an obligee pursuant to division (A) of this section and
the obligor is in default in making any spousal support payment to
the obligee, the court, upon motion of the obligee or on its own
motion, may rescind the permission granted under that division. After
the rescission, the court shall determine the amount of arrearages in
the spousal support payments and order the obligor to make to the
office of child support in the department of job and family services
any spousal support payments that are in arrears and any future
spousal support payments. Upon the issuance of the order of the court
under this division, the provisions of this chapter, Chapters 3119.,
3123., and 3125., and sections 3770.071
,
3770.074,

and 5107.20 of the Revised Code apply with respect to the collection,
withholding, or deduction of the obligor's spousal support payments
that are the subject of that order of the court.

Sec.
3123.89.
(A)
The department of job and family services shall develop and implement
a real time data match program with the state lottery commission and
its lottery sales agents and lottery agents to identify obligors who
are subject to a final and enforceable determination of default made
under sections 3123.01 to 3123.07 of the Revised Code.

(B)
Upon the data match program's implementation, the department, in
consultation with the commission, shall promulgate rules to
facilitate withholding, in appropriate circumstances and in
accordance with
section

sections

3770.071

and
3770.074
of
the Revised Code, by the commission or its lottery sales agents or
lottery agents of an amount sufficient to satisfy any past due
support owed by an obligor from a lottery prize award owed to the
obligor up to the amount of the award. The rules shall describe an
expedited method for withholding, and the time frame for transmission
of the amount withheld to the department.

(C)
As used in this section
,
"lottery
:

(1)
"Lottery
prize
award"

has
the same meaning as in section 3770.10 of the Revised Code

includes
a prize award from a video lottery terminal but does not include
winnings from lottery sports gaming, except for winnings from lottery
sports gaming wagers placed through a terminal described in division
(B)(3) of section 3770.24 of the Revised Code
.

(2)
"Lottery sports gaming" has the same meaning as in section
3770.23 of the Revised Code.

(3)
"Video lottery terminal" has the same meaning as in section
3770.21 of the Revised Code.

Sec.
3123.90.
(A)
As used in this section:

(1)
"Casino facility," "casino operator," and
"management company" have the meanings defined in section
3772.01 of the Revised Code.

(2)
"Sports gaming proprietor" has the meaning defined in
section 3775.01 of the Revised Code.

(3)
"Lottery sports gaming" has the same meaning as in section
3770.23 of the Revised Code.

(B)
The department of job and family services shall develop and implement
a real time data match program with each casino facility's casino
operator or management company and with each sports gaming proprietor
to identify obligors who are subject to a final and enforceable
determination of default made under sections 3123.01 to 3123.07 of
the Revised Code.

(C)

Upon

Subject
to division (E) of this section, upon
the
data match program's implementation, if a person receives a payout of
winnings at a casino facility or from sports gaming in an amount for
which reporting to the internal revenue service of the amount is
required by section 6041 of the Internal Revenue Code, as amended,
the casino operator, management company, or sports gaming proprietor
shall refer to the data match program to determine if the person
entitled to the winnings is in default under a support order. If the
data match program indicates that the person is in default, the
casino operator, management company, or sports gaming proprietor
shall withhold from the person's winnings an amount sufficient to
satisfy any past due support owed by the obligor identified in the
data match up to the amount of the winnings.

(D)
Not later than fourteen days after withholding the amount, the casino
operator, management company, or sports gaming proprietor shall
electronically transmit any amount withheld to the department as
payment on the support obligation.

(E)

A
sports gaming proprietor that offers lottery sports gaming through a
terminal described in division (B)(3) of section 3770.24 of the
Revised Code shall not withhold amounts under this section from
winnings from wagers placed through that terminal. The state lottery
commission shall withhold amounts from those winnings under section
3770.071 of the Revised Code.

(F)

The
department, in consultation with the Ohio casino control commission,
may adopt rules under Chapter 119. of the Revised Code as are
necessary for implementation of this section.

Sec.
3301.01.
(A)

There
is hereby created the state board of education consisting of
nineteen
members with eleven elected members, one each to be elected in
accordance with section 3301.03 of the Revised Code from each of the
districts established in accordance with division (B) of this
section, and with eight
five

members to be appointed by the governor with the advice and consent
of the senate.

In
addition to the nineteen elected or appointed members, the
chairperson of the committee of the senate that primarily deals with
education and the chairperson of the committee of the house of
representatives that primarily deals with education shall be
nonvoting ex officio members of the board.

(B)(1)
The territory of each state board of education district for each
elected voting member of the board shall consist of the territory of
three contiguous senate districts as established in the most recent
apportionment for members of the general assembly, but the territory
of no senate district shall be part of the territory of more than one
state board of education district. Each state board of education
district shall be as compact as practicable. The districts shall
include, when practicable, some districts that primarily consist of
territory in rural areas and some districts that primarily consist of
territory in urban areas.

(2)
If, after the apportionment for members of the general assembly is
made in any year, the general assembly does not during that year
enact legislation establishing state board of education districts in
accordance with division (B)(1) of this section, the governor shall
designate the boundaries of the districts in accordance with division
(B)(1) of this section no later than the thirty-first day of January
of the year next succeeding such apportionment. Upon making such
designation, the governor shall give written notice of the boundaries
of the districts to each member of the state board of education,
including the nonvoting ex officio members; the superintendent of
public instruction; the director of education and workforce; the
president of the senate; the speaker of the house of representatives;
and the board of elections of each county in each new district. On
the first day of February in any year in which the governor
designates the boundaries of state board of education districts under
this section, the state board of education districts as they existed
prior to that date shall cease to exist and the new districts shall
be created.

Sec.
3301.02.
(A)

Elected
voting members of the state board of education shall be elected as
required by expiration of respective terms, each for a term of four
years or until a successor is elected and qualified. One elected
member shall be elected from each district respectively in which the
term of office of a board member expires on the first day of January
following the election. The term of office of each member so elected
shall begin on the first day of January immediately following this
election.

(B)
At any time the boundaries of state board of education districts are
changed under division (B) of section 3301.01 of the Revised Code, a
member of the state board whose term will not expire within two years
of the time the change in boundaries is made shall represent, for the
remainder of the term for which the member was elected, the state
board district containing the largest portion of the population of
the district from which the member was elected. If more than one
member whose term will not so expire would represent the same
district under the provisions of this section, either the general
assembly, if the general assembly enacted legislation establishing
those districts under division (B)(2) of section 3301.01 of the
Revised Code, or the governor, if the governor designated the
bounderies of the districts under that division, shall designate
which member shall represent each district for the balance of the
members' terms.

(C)
Appointed voting members
Members

of the board shall serve four-year terms beginning the first day of
January and ending on the thirty-first day of December.
Except
as provided in division (D) of this section, members may be
reappointed.

(D)
(B)

No person
,
elected or appointed,

shall hold the office of member of the state board of education for a
period of longer than two successive terms of four years. Terms shall
be considered successive unless separated by a period of four or more
years. Only terms beginning on or after January 1, 1996, shall be
considered in determining an individual's eligibility to hold office.

(C)
Notwithstanding any provision of the Revised Code to the contrary,
members who were elected or appointed under this section as it
existed prior to the effective date of this amendment shall remain in
office until the expiration of their current terms. Upon the
expiration of the current term of elected members, all eleven elected
offices shall be abolished and no successor shall be elected after
the effective date of this amendment. If such elected member vacates
the office prior to the expiration of the member's term, no
individual shall be appointed or elected to fill that vacancy, and
that office is abolished. The offices of the first three appointed
members to reach the expiration of their current terms or vacate the
office prior to the expiration of their current terms shall be
abolished. Thereafter, the state board consists of five appointed
members as prescribed under section 3301.01 of the Revised Code.

Sec.
3301.03.
Each
elected voting member of the state board of education shall be a
qualified elector residing in the territory composing the district
from which the member is elected, and shall be nominated and elected
to office as provided by Title XXXV of the Revised Code.
(A)

Each

appointed
voting
member
of the board shall be a qualified elector residing in the state.
At
least four of the appointed voting members shall represent rural
school districts in the state, as evidenced by the member's current
place of residence and at least one
One
member shall represent each
of
the following:

(A)
The member's children attend, or at one time attended, school in a

(1)
A
rural

school

district;

(B)
The member's past or present occupation is associated with rural
areas of the state
(2)
A suburban school district
;

(C)
The member possesses other credentials or experience demonstrating
knowledge and familiarity with rural
(3)

An
urban
school

districts
district;

(4)
A community school established under Chapter 3314. of the Revised
Code;

(5)
A chartered nonpublic school
.

No

elected
or appointed voting
member
of the board shall, during the member's term of office, hold any
other office of trust or profit or be an employee or officer of any
public or private elementary or secondary school. Before entering on
the duties of office, each
elected
and appointed voting
member
shall subscribe to the official oath of office.

Each

voting

member
of the state board of education shall be paid a salary fixed pursuant
to division (J) of section 124.15 of the Revised Code, together with
the member's actual and necessary expenses incurred while engaged in
the performance of the member's official duties or in the conduct of
authorized board business, and while en route to and from the
member's home for such purposes.

(D)
(B)

As used in this section only, "office of trust or profit"
means:

(1)
A federal or state elective office or an elected office of a
political subdivision of the state;

(2)
A position on a board or commission of the state that is appointed by
the governor;

(3)
An office set forth in section 121.03, 121.04, or 121.05 of the
Revised Code;

(4)
An office of the government of the United States that is appointed by
the president of the United States.

Sec.
3301.06.
A
vacancy in the state board of education may be caused by death,

nonresidence,

resignation,
removal from office,
failure
of a person elected to qualify within ten days after the organization
of the board or of the person's election,

removal
from the district of election or from residence in the state,
or
absence from any
two
three

consecutive regular meetings
of
the board if such absence is caused by reasons declared insufficient
by a vote of twelve members of the board. When a vacancy occurs in
the office of an elected member, the governor shall, within a period
of thirty days and with the advice and consent of the senate, appoint
a qualified person residing in the district in which the vacancy
occurred to fill the vacancy until the next general election at which
members of the state board of education are elected, at which time a
qualified elector residing in the district in which the vacancy
occurred shall be elected for the unexpired term. Such member shall
assume office at the next succeeding meeting of the board

for
any reason
.
When a vacancy occurs in the office of
an
appointed
a

member, the governor shall, within a period of thirty days and with
the advice and consent of the senate, appoint a qualified person
,
in accordance with section 3301.03 of the Revised Code,

to serve the remainder of the term.

Sec.
3301.071.
(A)(1)
Except as provided in division (E) of this section, in the case of
nontax-supported schools, standards for teacher certification
prescribed under section 3301.07 of the Revised Code shall provide
for certification, without further educational requirements, of any
administrator, supervisor, or teacher who has attended and received a
bachelor's degree or a master's degree from a college or university
accredited by a national or regional association in the United States
except that, at the discretion of the state board of education, this
requirement may be met by having an equivalent degree from a foreign
college or university of comparable standing.

(2)
Except as provided in division (E) of this section, in the case of
nonchartered, nontax-supported schools, the standards for teacher
certification prescribed under section 3301.07 of the Revised Code
shall provide for certification, without further educational
requirements, of any administrator, supervisor, or teacher who has
attended and received a diploma from a "bible college" or
"bible institute" described in division (E) of section
1713.02 of the Revised Code.

(3)
A certificate issued under division (A)(3) of this section shall be
valid only for teaching foreign language, music, religion, computer
technology, or fine arts.

Notwithstanding
division (A)(1) of this section and except as provided in division
(E) of this section, the standards for teacher certification
prescribed under section 3301.07 of the Revised Code shall provide
for certification of a person as a teacher upon receipt by the state
board of an affidavit signed by the chief administrative officer of a
chartered nonpublic school seeking to employ the person, stating that
the person meets one of the following conditions:

(a)
The person has specialized knowledge, skills, or expertise that
qualifies the person to provide instruction.

(b)
The person has provided to the chief administrative officer evidence
of at least three years of teaching experience in a public or
nonpublic school.

(c)
The person has provided to the chief administrative officer evidence
of completion of a teacher training program named in the affidavit.

(B)
Each person applying for a certificate under this section for
purposes of serving in a nonpublic school chartered by the director
of education and workforce under section 3301.16 of the Revised Code
shall pay a fee in the amount established under division
(A)
(B)

of section 3319.51 of the Revised Code. Any fees received under this
division shall be paid into the state treasury to the credit of the

state
board of education certification fund established under division (B)
of section 3319.51
occupational
licensing and regulatory fund established in section 4743.05
of
the Revised Code.

(C)
A person applying for or holding any certificate pursuant to this
section for purposes of serving in a nonpublic school chartered by
the director is subject to sections 3123.41 to 3123.50 of the Revised
Code and any applicable rules adopted under section 3123.63 of the
Revised Code and sections 3319.31 and 3319.311 of the Revised Code.

(D)
Divisions (B) and (C) of this section and sections 3319.291, 3319.31,
and 3319.311 of the Revised Code do not apply to any administrators,
supervisors, or teachers in nonchartered, nontax-supported schools.

(E)
The state board shall issue a certificate to serve in a nonpublic
school as an administrator, supervisor, or teacher in accordance with
Chapter 4796. of the Revised Code to an applicant if either of the
following applies:

(1)
The applicant holds a certificate in another state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a nonpublic school administrator, supervisor, or teacher
in a state that does not issue one or more of those certificates.

Sec.
3301.074.
(A)
Except as provided in division (E) of this section, the state board
of education shall, by rule adopted in accordance with Chapter 119.
of the Revised Code, establish standards for licensing school
district treasurers and business managers, for the renewal of such
licenses, and for the issuance of duplicate copies of licenses.
Licenses of the following types shall be issued or renewed by the
board to applicants who meet the standards for the license or the
renewal of the license for which application is made:

(1)
Treasurer, valid for serving as treasurer of a school district in
accordance with section 3313.22 of the Revised Code;

(2)
Business manager, valid for serving as business manager of a school
district in accordance with section 3319.03 of the Revised Code.

(B)
Each application for a license or renewal or duplicate copy of a
license shall be accompanied by the payment of a fee in the amount
established under division
(A)
(B)

of section 3319.51 of the Revised Code. Any fees received under this
section shall be paid into the state treasury to the credit of the

state
board of education licensure fund established under division (B) of
section 3319.51
occupational
licensing and regulatory fund established in section 4743.05
of
the Revised Code.

(C)
Any person employed under section 3313.22 of the Revised Code as a
treasurer on July 1, 1983, shall be considered to meet the standards
for licensure as a treasurer and for renewal of such license. Any
person employed under section 3319.03 of the Revised Code as a
business manager on July 1, 1983, shall be considered to meet the
standards for licensure as a business manager and for renewal of such
license.

(D)
Any person applying for or holding any license pursuant to this
section is subject to sections 3123.41 to 3123.50 of the Revised Code
and any applicable rules adopted under section 3123.63 of the Revised
Code and sections 3319.31 and 3319.311 of the Revised Code.

(E)
The state board shall issue a license to act as a school district
treasurer or business manager in accordance with Chapter 4796. of the
Revised Code to an applicant if either of the following applies:

(1)
The applicant holds a license in another state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a school district treasurer or business manager in a state
that does not issue one of those licenses or both.

Sec.
3301.079.
(A)(1)
The department of education and workforce periodically shall adopt
statewide academic standards with emphasis on coherence, focus, and
essential knowledge and that are more challenging and demanding when
compared to international standards for each of grades kindergarten
through twelve in English language arts, mathematics, science, and
social studies.

(a)
The department shall ensure that the standards do all of the
following:

(i)
Include the essential academic content and skills that students are
expected to know and be able to do at each grade level that will
allow each student to be prepared for postsecondary instruction and
the workplace for success in the twenty-first century;

(ii)
Include the development of skill sets that promote information,
media, and technological literacy;

(iii)
Include interdisciplinary, project-based, real-world learning
opportunities;

(iv)
Instill life-long learning by providing essential knowledge and
skills based in the liberal arts tradition, as well as science,
technology, engineering, mathematics, and career-technical education;

(v)
Be clearly written, transparent, and understandable by parents,
educators, and the general public.

(b)
The department shall incorporate into the social studies standards
for grades four to twelve academic content regarding the original
texts of the Declaration of Independence, the Northwest Ordinance,
the Constitution of the United States and its amendments, with
emphasis on the Bill of Rights, and the Ohio Constitution, and their
original context. The department shall revise the model curricula and
achievement assessments adopted under divisions (B) and (C) of this
section as necessary to reflect the additional American history and
American government content. The department shall make available a
list of suggested grade-appropriate supplemental readings that place
the documents prescribed by this division in their historical
context, which teachers may use as a resource to assist students in
reading the documents within that context.

(c)
When the department adopts or revises academic content standards in
social studies, American history, American government, or science
under division (A)(1) of this section, it shall develop such
standards independently and not as part of a multistate consortium.

(2)(a)
After completing the standards required by division (A)(1) of this
section, the department shall adopt standards and model curricula for
instruction in technology, financial literacy and entrepreneurship,
fine arts, and foreign language for grades kindergarten through
twelve. The standards shall meet the same requirements prescribed in
division (A)(1)(a) of this section.

(b)
The department shall incorporate into the standards and model
curriculum for financial literacy and entrepreneurship for grades
nine through twelve academic content regarding free market
capitalism. The academic content shall include all of the following
concepts related to free market capitalism:

(i)
Raw materials, labor, and capital, the three classical factors of
economic production, are privately owned.

(ii)
Individuals control their own ability to work, earn wages, and obtain
skills to earn and increase wages.

(iii)
Private ownership of capital may include a sole proprietorship, a
family business, a publicly traded corporation, a group of private
investors, or a bank.

(iv)
Markets aggregate the exchange of goods and services throughout the
world. Market prices are the only way to convey so much constantly
changing information about the supply of goods and services, and the
demand for them, for consumers and producers to make informed
economic decisions for themselves.

(v)
Wealth is created by providing goods and services that people value
at a profit, and both sellers and buyers seek to profit in some way
in a free market transaction. Thus, profit earned through
transactions can be consumed, saved, reinvested in the business, or
dispersed to shareholders.

(vi)
Wealth creation involves asset value appreciation and depreciation,
voluntary exchange of equity ownership, and open and closed markets.

(vii)
The free market is driven by, and tends to produce, entrepreneurship
and innovation.

(viii)
The free market can include side effects and market failures where at
least part of the cost of the transaction, including producing,
transporting, selling, or buying, is born by others outside of the
transaction.

(ix)
The political features of the free market, including legally
protected property rights, legally enforceable contracts, patent
protections, and the mitigation of side effects and market failures;

(x)
Societies that embrace the free market often embrace political and
personal freedom as well.

(3)
The department shall adopt the most recent standards developed by the
national association for sport and physical education for physical
education in grades kindergarten through twelve or shall adopt its
own standards for physical education in those grades and revise and
update them periodically.

The
department shall employ a full-time physical education coordinator to
provide guidance and technical assistance to districts, community
schools, and STEM schools in implementing the physical education
standards adopted under this division. The director of education and
workforce shall determine that the person employed as coordinator is
qualified for the position, as demonstrated by possessing an adequate
combination of education, license, and experience.

(4)
The department shall update the standards and model curriculum for
instruction in computer science in grades kindergarten through
twelve, which shall include standards for introductory and advanced
computer science courses in grades nine through twelve. When
developing the standards and curriculum, the department shall
consider recommendations from computer science education stakeholder
groups, including teachers and representatives from higher education,
industry, computer science organizations in Ohio, and national
computer science organizations.

Any
district or school may utilize the computer science standards or
model curriculum or any part thereof adopted pursuant to division
(A)(4) of this section. However, no district or school shall be
required to utilize all or any part of the standards or curriculum.

(5)
When academic standards have been completed for any subject area
required by this section, the department shall inform all school
districts, all community schools established under Chapter 3314. of
the Revised Code, all STEM schools established under Chapter 3326. of
the Revised Code, and all nonpublic schools required to administer
the assessments prescribed by sections 3301.0710 and 3301.0712 of the
Revised Code of the content of those standards. Additionally, upon
completion of any academic standards under this section, the
department shall post those standards on the department's web site.

(B)(1)
The department shall adopt a model curriculum for instruction in each
subject area for which updated academic standards are required by
division (A)(1) of this section and for each of grades kindergarten
through twelve that is sufficient to meet the needs of students in
every community. The model curriculum shall be aligned with the
standards, to ensure that the academic content and skills specified
for each grade level are taught to students, and shall demonstrate
vertical articulation and emphasize coherence, focus, and rigor. When
any model curriculum has been completed, the department shall inform
all school districts, community schools, and STEM schools of the
content of that model curriculum.

(2)
The department, in consultation with the governor's office of
workforce transformation, shall adopt model curricula for grades
kindergarten through twelve that embed career connection learning
strategies into regular classroom instruction.

(3)
All school districts, community schools, and STEM schools may utilize
the state standards and the model curriculum established by the
department, together with other relevant resources, examples, or
models to ensure that students have the opportunity to attain the
academic standards. Upon request, the department shall provide
technical assistance to any district, community school, or STEM
school in implementing the model curriculum.

Nothing
in this section requires any school district to utilize all or any
part of a model curriculum developed under this section.

(C)
The department shall develop achievement assessments aligned with the
academic standards and model curriculum for each of the subject areas
and grade levels required by divisions (A)(1) and (B)(1) of section
3301.0710 of the Revised Code.

When
any achievement assessment has been completed, the department shall
inform all school districts, community schools, STEM schools, and
nonpublic schools required to administer the assessment of its
completion, and the department shall make the achievement assessment
available to the districts and schools.

(D)(1)

The

Not
later than June 30, 2026, the
department
shall
adopt

do
both of the following:

(a)
Adopt
a
diagnostic assessment aligned with the academic standards
and
model curriculum
for

each
of
grades

one
and two
kindergarten
to three
in
reading
,
writing, and mathematics and for grade three in reading and writing.
The
;

(b)
Approve a list of up to five diagnostic assessments aligned with the
academic standards for each of grades kindergarten to three for both
reading and mathematics. The department's list of approved diagnostic
assessments for reading shall include the three reading diagnostic
assessments that were approved by the department for use as
comparable tools for purposes of division (B)(1) of section 3313.608
of the Revised Code, as it existed prior to the effective date of
this amendment, and are most widely used by public schools in the
state.

(2)
Each
diagnostic
assessment
adopted
or approved under division (D)(1) of this section
shall
be designed to measure student comprehension of academic content and
mastery of related skills for the relevant subject area and grade
level.
The
diagnostic assessment for reading shall be designed to measure
student comprehension of foundational reading skills aligned to the
science of reading.
Any
diagnostic assessment
adopted
by the department
shall
not include components to identify gifted students. Blank copies of
diagnostic assessments shall be public records.

(2)
When each diagnostic assessment has been completed, the department
shall inform all school districts of its completion and make the
diagnostic assessment available to the districts at no cost to the
district.

(3)
School districts shall administer
the

a

diagnostic
assessment
in
reading and mathematics adopted or approved by the department

pursuant
to section 3301.0715 of the Revised Code beginning
the
first
in
the 2026-2027
school
year

following
the development of the assessment.

However,
beginning with the 2017-2018 school year, both of the following shall
apply:

(a)
In the case of the diagnostic assessments for grades one or two in
writing or mathematics or for grade three in writing, a school
district shall not be required to administer any such assessment, but
may do so at the discretion of the district board;

(b)
In the case of any diagnostic assessment that is not for the grade
levels and subject areas specified in division (D)(3)(a) of this
section, each school district shall administer the assessment in the
manner prescribed by section 3301.0715 of the Revised Code
.

(E)
The department shall not adopt a diagnostic or achievement assessment
for any grade level or subject area other than those specified in
this section.

(F)
Whenever the department consults with persons for the purpose of
drafting or reviewing any standards, diagnostic assessments,
achievement assessments, or model curriculum required under this
section, the department shall first consult with parents of students
in kindergarten through twelfth grade and with active Ohio classroom
teachers, other school personnel, and administrators with expertise
in the appropriate subject area. Whenever practicable, the department
shall consult with teachers recognized as outstanding in their
fields.

If
the department contracts with more than one outside entity for the
development of the achievement assessments required by this section,
the department shall ensure the interchangeability of those
assessments.

(G)
Whenever the department adopts standards or model curricula under
this section, the department also shall provide information on the
use of blended, online, or digital learning in the delivery of the
standards or curricula to students in accordance with division (A)(5)
of this section.

(H)
The fairness sensitivity review committee of the department shall not
allow any question on any achievement or diagnostic assessment
developed under this section or any proficiency test prescribed by
former section 3301.0710 of the Revised Code, as it existed prior to
September 11, 2001, to include, be written to promote, or inquire as
to individual moral or social values or beliefs. The decision of the
committee shall be final. This section does not create a private
cause of action.

(I)
Not later than sixty days prior to the adoption of updated academic
standards under division (A)(1) of this section or updated model
curricula under division (B)(1) of this section, the director of
education and workforce shall present the academic standards or model
curricula, as applicable, in person at a public hearing of the
respective committees of the house of representatives and senate that
consider education legislation.

(J)
As used in this section:

(1)
"Blended learning" means the delivery of instruction in a
combination of time primarily in a supervised physical location away
from home and online delivery whereby the student has some element of
control over time, place, path, or pace of learning and includes
noncomputer-based learning opportunities.

(2)
"Online learning" means students work primarily from their
residences on assignments delivered via an internet- or other
computer-based instructional method.

(3)
"Coherence" means a reflection of the structure of the
discipline being taught.

(4)
"Digital learning" means learning facilitated by technology
that gives students some element of control over time, place, path,
or pace of learning.

(5)
"Focus" means limiting the number of items included in a
curriculum to allow for deeper exploration of the subject matter.

(6)
"Vertical articulation" means key academic concepts and
skills associated with mastery in particular content areas should be
articulated and reinforced in a developmentally appropriate manner at
each grade level so that over time students acquire a depth of
knowledge and understanding in the core academic disciplines.

Sec.
3301.0711.
(A)
The department of education and workforce shall:

(1)
Annually furnish to, grade, and score all assessments required by
divisions (A)(1) and (B)(1) of section 3301.0710 of the Revised Code
to be administered by city, local, exempted village, and joint
vocational school districts, except that each district shall score
any assessment administered pursuant to division (B)(10) of this
section. Each assessment so furnished shall include the data
verification code of the student to whom the assessment will be
administered, as assigned pursuant to division (D)(2) of section
3301.0714 of the Revised Code. In furnishing the practice versions of
Ohio graduation tests prescribed by division (D) of section 3301.0710
of the Revised Code, the department shall make the tests available on
its web site for reproduction by districts. In awarding contracts for
grading assessments, the department shall give preference to
Ohio-based entities employing Ohio residents.

(2)
Adopt rules for the ethical use of assessments and prescribing the
manner in which the assessments prescribed by section 3301.0710 of
the Revised Code shall be administered to students.

(B)
Except as provided in divisions (C) and (J) of this section, the
board of education of each city, local, and exempted village school
district shall, in accordance with rules adopted under division (A)
of this section:

(1)
Administer the English language arts assessments prescribed under
division (A)(1)(a) of section 3301.0710 of the Revised Code twice
annually to all students in the third grade who have not attained the
score designated for that assessment under division (A)(2)(c) of
section 3301.0710 of the Revised Code.

(2)
Administer the mathematics assessment prescribed under division
(A)(1)(a) of section 3301.0710 of the Revised Code at least once
annually to all students in the third grade.

(3)
Administer the assessments prescribed under division (A)(1)(b) of
section 3301.0710 of the Revised Code at least once annually to all
students in the fourth grade.

(4)
Administer the assessments prescribed under division (A)(1)(c) of
section 3301.0710 of the Revised Code at least once annually to all
students in the fifth grade.

(5)
Administer the assessments prescribed under division (A)(1)(d) of
section 3301.0710 of the Revised Code at least once annually to all
students in the sixth grade.

(6)
Administer the assessments prescribed under division (A)(1)(e) of
section 3301.0710 of the Revised Code at least once annually to all
students in the seventh grade.

(7)
Administer the assessments prescribed under division (A)(1)(f) of
section 3301.0710 of the Revised Code at least once annually to all
students in the eighth grade.

(8)
Except as provided in division (B)(9) of this section, administer any
assessment prescribed under division (B)(1) of section 3301.0710 of
the Revised Code as follows:

(a)
At least once annually to all tenth grade students and at least twice
annually to all students in eleventh or twelfth grade who have not
yet attained the score on that assessment designated under that
division;

(b)
To any person who has successfully completed the curriculum in any
high school or the individualized education program developed for the
person by any high school pursuant to section 3323.08 of the Revised
Code but has not received a high school diploma and who requests to
take such assessment, at any time such assessment is administered in
the district.

(9)
In lieu of the board of education of any city, local, or exempted
village school district in which the student is also enrolled, the
board of a joint vocational school district shall administer any
assessment prescribed under division (B)(1) of section 3301.0710 of
the Revised Code at least twice annually to any student enrolled in
the joint vocational school district who has not yet attained the
score on that assessment designated under that division. A board of a
joint vocational school district may also administer such an
assessment to any student described in division (B)(8)(b) of this
section.

(10)
If the district has a three-year average graduation rate of not more
than seventy-five per cent, administer each assessment prescribed by
division (D) of section 3301.0710 of the Revised Code in September to
all ninth grade students who entered ninth grade prior to July 1,
2014.

Except
as provided in section 3313.614 of the Revised Code for
administration of an assessment to a person who has fulfilled the
curriculum requirement for a high school diploma but has not passed
one or more of the required assessments, the assessments prescribed
under division (B)(1) of section 3301.0710 of the Revised Code shall
not be administered after the date specified in the rules adopted
under division (D)(1) of section 3301.0712 of the Revised Code.

(11)(a)
Except as provided in divisions (B)(11)(b) and (c) of this section,
administer the assessments prescribed by division (B)(2) of section
3301.0710 and section 3301.0712 of the Revised Code in accordance
with the timeline and plan for implementation of those assessments
prescribed by rule adopted under division (D)(1) of section 3301.0712
of the Revised Code;

(b)
A student who has presented evidence to the district or school of
having satisfied the condition prescribed by division (A)(1) of
section 3313.618 of the Revised Code to qualify for a high school
diploma prior to the date of the administration of the assessment
prescribed under division (B)(1) of section 3301.0712 of the Revised
Code shall not be required to take that assessment. However, no board
shall prohibit a student who is not required to take such assessment
from taking the assessment.

(c)
A student shall not be required to retake the Algebra I end-of-course
examination or the English language arts II end-of-course examination
prescribed under division (B)(2) of section 3301.0712 of the Revised
Code in grades nine through twelve if the student demonstrates at
least a proficient level of skill, as prescribed under division
(B)(5)(a) of that section, or achieves a competency score, as
prescribed under division (B)(10) of that section, in an
administration of the examination prior to grade nine.

(C)(1)(a)
In the case of a student receiving special education services under
Chapter 3323. of the Revised Code, the individualized education
program developed for the student under that chapter shall specify
the manner in which the student will participate in the assessments
administered under this section, except that a student with
significant cognitive disabilities to whom an alternate assessment is
administered in accordance with division (C)(1) of this section and a
student determined to have a disability that includes an intellectual
disability as outlined in guidance issued by the department shall not
be required to take the assessment prescribed under division (B)(1)
of section 3301.0712 of the Revised Code. The individualized
education program may excuse the student from taking any particular
assessment required to be administered under this section if it
instead specifies an alternate assessment method approved by the
department as conforming to requirements of federal law for receipt
of federal funds for disadvantaged pupils. To the extent possible,
the individualized education program shall not excuse the student
from taking an assessment unless no reasonable accommodation can be
made to enable the student to take the assessment. No board shall
prohibit a student who is not required to take an assessment under
division (C)(1) of this section from taking the assessment.

(b)
Any alternate assessment approved by the department for a student
under this division shall produce measurable results comparable to
those produced by the assessment it replaces in order to allow for
the student's results to be included in the data compiled for a
school district or building under section 3302.03 of the Revised
Code.

(c)(i)
Any student enrolled in a chartered nonpublic school who has been
identified, based on an evaluation conducted in accordance with
section 3323.03 of the Revised Code or section 504 of the
"Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.
794, as amended, as a child with a disability shall be excused from
taking any particular assessment required to be administered under
this section if either of the following apply:

(I)
A plan developed for the student pursuant to rules adopted by the
department excuses the student from taking that assessment.

(II)
The chartered nonpublic school develops a written plan in which the
school, in consultation with the student's parents, determines that
an assessment or alternative assessment with accommodations does not
accurately assess the student's academic performance. The plan shall
include an academic profile of the student's academic performance and
shall be reviewed annually to determine if the student's needs
continue to require excusal from taking the assessment.

(ii)
A student with significant cognitive disabilities to whom an
alternate assessment is administered in accordance with division
(C)(1) of this section and a student determined to have a disability
that includes an intellectual disability as outlined in guidance
issued by the department shall not be required to take the assessment
prescribed under division (B)(1) of section 3301.0712 of the Revised
Code.

(iii)
In the case of any student so excused from taking an assessment under
division (C)(1)(c) of this section, the chartered nonpublic school
shall not prohibit the student from taking the assessment.

(2)
A district board may, for medical reasons or other good cause, excuse
a student from taking an assessment administered under this section
on the date scheduled, but that assessment shall be administered to
the excused student not later than nine days following the scheduled
date. The district board shall annually report the number of students
who have not taken one or more of the assessments required by this
section to the department not later than the thirtieth day of June.

(3)
No school district board shall excuse any English learner from taking
any particular assessment required to be administered under this
section, except that any English learner who has been enrolled in
United States schools for less than two years and for whom no
appropriate accommodations are available based on guidance issued by
the department shall not be required to take the assessment
prescribed under division (B)(1) of section 3301.0712 of the Revised
Code.

However,
no board shall prohibit an English learner who is not required to
take that assessment from taking the assessment.

A
board may permit any English learner to take an assessment required
to be administered under this section with appropriate
accommodations, as determined by the department.

For
each English learner, each school district shall annually assess that
student's progress in learning English, in accordance with procedures
approved by the department.

The
guidance and procedures issued by the department for the purposes of
division (C)(3) of this section shall comply with the rules adopted
under section 3301.0731 of the Revised Code.

(4)(a)
The governing authority of a chartered nonpublic school may excuse an
English learner from taking any assessment administered under this
section.

(b)
No governing authority shall require an English learner who has been
enrolled in United States schools for less than two years and for
whom no appropriate accommodations are available based on guidance
issued by the department to take the assessment prescribed under
division (B)(1) of section 3301.0712 of the Revised Code.

(c)
No governing authority shall prohibit an English learner from taking
an assessment from which the student was excused under division
(C)(4) of this section.

(D)(1)
In the school year next succeeding the school year in which the
assessments prescribed by division (A)(1) or (B)(1) of section
3301.0710 of the Revised Code or former division (A)(1), (A)(2), or
(B) of section 3301.0710 of the Revised Code as it existed prior to
September 11, 2001, are administered to any student, the board of
education of any school district in which the student is enrolled in
that year shall provide to the student intervention services
commensurate with the student's performance, including any intensive
intervention required under section 3313.608 of the Revised Code, in
any skill in which the student failed to demonstrate at least a score
at the proficient level on the assessment.

(2)
Following any administration of the assessments prescribed by
division (D) of section 3301.0710 of the Revised Code to ninth grade
students, each school district that has a three-year average
graduation rate of not more than seventy-five per cent shall
determine for each high school in the district whether the school
shall be required to provide intervention services to any students
who took the assessments. In determining which high schools shall
provide intervention services based on the resources available, the
district shall consider each school's graduation rate and scores on
the practice assessments. The district also shall consider the scores
received by ninth grade students on the English language arts and
mathematics assessments prescribed under division (A)(1)(f) of
section 3301.0710 of the Revised Code in the eighth grade in
determining which high schools shall provide intervention services.

Each
high school selected to provide intervention services under this
division shall provide intervention services to any student whose
results indicate that the student is failing to make satisfactory
progress toward being able to attain scores at the proficient level
on the Ohio graduation tests. Intervention services shall be provided
in any skill in which a student demonstrates unsatisfactory progress
and shall be commensurate with the student's performance. Schools
shall provide the intervention services prior to the end of the
school year, during the summer following the ninth grade, in the next
succeeding school year, or at any combination of those times.

(E)
Except as provided in section 3313.608 of the Revised Code and
division (N) of this section, no school district board of education
shall utilize any student's failure to attain a specified score on an
assessment administered under this section as a factor in any
decision to deny the student promotion to a higher grade level.
However, a district board may choose not to promote to the next grade
level any student who does not take an assessment administered under
this section or make up an assessment as provided by division (C)(2)
of this section and who is not exempt from the requirement to take
the assessment under division (C)(3) of this section.

(F)
No person shall be charged a fee for taking any assessment
administered under this section.

(G)(1)
Each school district board shall designate one location for the
collection of assessments administered in the spring under division
(B)(1) of this section and those administered under divisions (B)(2)
to (7) of this section. Each district board shall submit the
assessments to the entity with which the department contracts for the
scoring of the assessments as follows:

(a)
If the district's total enrollment in grades kindergarten through
twelve during the first full school week of October was less than two
thousand five hundred, not later than the Friday after all of the
assessments have been administered;

(b)
If the district's total enrollment in grades kindergarten through
twelve during the first full school week of October was two thousand
five hundred or more, but less than seven thousand, not later than
the Monday after all of the assessments have been administered;

(c)
If the district's total enrollment in grades kindergarten through
twelve during the first full school week of October was seven
thousand or more, not later than the Tuesday after all of the
assessments have been administered.

However,
any assessment that a student takes during the make-up period
described in division (C)(2) of this section shall be submitted not
later than the Friday following the day the student takes the
assessment.

(2)
The department or an entity with which the department contracts for
the scoring of the assessment shall send to each school district
board a list of the individual scores of all persons taking a state
achievement assessment as follows:

(a)
Except as provided in division (G)(2)(b) or (c) of this section,
within forty-five days after the administration of the assessments
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code,
but in no case shall the scores be returned later than the thirtieth
day of June following the administration;

(b)
In the case of the third-grade English language arts assessment,
within forty-five days after the administration of that assessment,
but in no case shall the scores be returned later than the fifteenth
day of June following the administration;

(c)
In the case of the writing component of an assessment or
end-of-course examination in the area of English language arts,
except for the third-grade English language arts assessment, the
results may be sent after forty-five days of the administration of
the writing component, but in no case shall the scores be returned
later than the thirtieth day of June following the administration.

(3)
For assessments administered under this section by a joint vocational
school district, the department or entity shall also send to each
city, local, or exempted village school district a list of the
individual scores of any students of such city, local, or exempted
village school district who are attending school in the joint
vocational school district.

(4)
Beginning with the 2019-2020 school year, a school district, other
public school, or chartered nonpublic school may administer the
third-grade English language arts or mathematics assessment, or both,
in a paper format in any school year for which the district board of
education or school governing body adopts a resolution indicating
that the district or school chooses to administer the assessment in a
paper format. The board or governing body shall submit a copy of the
resolution to the department of education and workforce not later
than the first day of May prior to the school year for which it will
apply. If the resolution is submitted, the district or school shall
administer the assessment in a paper format to all students in the
third grade, except that any student whose individualized education
program or plan developed under section 504 of the "Rehabilitation
Act of 1973," 87 Stat. 355, 29 U.S.C. 794, as amended, specifies
that taking the assessment in an online format is an appropriate
accommodation for the student may take the assessment in an online
format.

(5)
A classical school may administer all assessments administered under
this section in a paper format, except that any student whose
individualized education program or plan developed under section 504
of the "Rehabilitation Act of 1973," 29 U.S.C. 794
specifies that taking the assessment in an online format is an
appropriate accommodation for the student may take the assessment in
an online format.

(H)
Individual scores on any assessments administered under this section
shall be released by a district board only in accordance with section
3319.321 of the Revised Code and the rules adopted under division (A)
of this section. No district board or its employees shall utilize
individual or aggregate results in any manner that conflicts with
rules for the ethical use of assessments adopted pursuant to division
(A) of this section.

(I)
Except as provided in division (G) of this section, the department or
an entity with which the department contracts for the scoring of the
assessment shall not release any individual scores on any assessment
administered under this section. The department shall adopt rules to
ensure the protection of student confidentiality at all times. The
rules may require the use of the data verification codes assigned to
students pursuant to division (D)(2) of section 3301.0714 of the
Revised Code to protect the confidentiality of student scores.

(J)
Notwithstanding division (D) of section 3311.52 of the Revised Code,
this section does not apply to the board of education of any
cooperative education school district except as provided under rules
adopted pursuant to this division.

(1)
In accordance with rules that the department shall adopt, the board
of education of any city, exempted village, or local school district
with territory in a cooperative education school district established
pursuant to divisions (A) to (C) of section 3311.52 of the Revised
Code may enter into an agreement with the board of education of the
cooperative education school district for administering any
assessment prescribed under this section to students of the city,
exempted village, or local school district who are attending school
in the cooperative education school district.

(2)
In accordance with rules that the department shall adopt, the board
of education of any city, exempted village, or local school district
with territory in a cooperative education school district established
pursuant to section 3311.521 of the Revised Code shall enter into an
agreement with the cooperative district that provides for the
administration of any assessment prescribed under this section to
both of the following:

(a)
Students who are attending school in the cooperative district and
who, if the cooperative district were not established, would be
entitled to attend school in the city, local, or exempted village
school district pursuant to section 3313.64 or 3313.65 of the Revised
Code;

(b)
Persons described in division (B)(8)(b) of this section.

Any
assessment of students pursuant to such an agreement shall be in lieu
of any assessment of such students or persons pursuant to this
section.

(K)(1)(a)
Except as otherwise provided in division (K)(1) or (2) of this
section, each chartered nonpublic school for which at least
sixty-five per cent of its total enrollment is made up of students
who are participating in state scholarship programs shall administer
the assessments prescribed by division (A) of section 3301.0710 of
the Revised Code or an alternative standardized assessment determined
by the department. In accordance with procedures and deadlines
prescribed by the department, the parent or guardian of a student
enrolled in the school who is not participating in a state
scholarship program may submit notice to the chief administrative
officer of the school that the parent or guardian does not wish to
have the student take the assessments prescribed for the student's
grade level under division (A) of section 3301.0710 of the Revised
Code. If a parent or guardian submits an opt-out notice, the school
shall not administer the assessments to that student. This option
does not apply to any assessment required for a high school diploma
under section 3313.612 of the Revised Code.

(b)
Any chartered nonpublic school that enrolls students who are
participating in state scholarship programs may administer an
alternative standardized assessment determined by the department
instead of the assessments prescribed by division (A) of section
3301.0710 of the Revised Code.

Each
chartered nonpublic school subject to division (K)(1)(a) or (b) of
this section shall report the results of each assessment administered
under those divisions to the department.

(2)
A chartered nonpublic school may submit to the director of education
and workforce a request for a waiver from administering the
elementary assessments prescribed by division (A) of section
3301.0710 of the Revised Code. The director shall approve or
disapprove a request for a waiver submitted under division (K)(2) of
this section.

To
be eligible to submit a request for a waiver, a chartered nonpublic
school shall meet the following conditions:

(a)
At least ninety-five per cent of the students enrolled in the school
are children with disabilities, as defined under section 3323.01 of
the Revised Code, or have received a diagnosis by a school district
or from a physician, including a neuropsychiatrist or psychiatrist,
or a psychologist who is authorized to practice in this or another
state as having a condition that impairs academic performance, such
as dyslexia, dyscalculia, attention deficit hyperactivity disorder,
or Asperger's syndrome.

(b)
The school has solely served a student population described in
division (K)(1)(a) of this section for at least ten years.

(c)
The school provides to the department at least five years of records
of internal testing conducted by the school that affords the
department data required for accountability purposes, including
diagnostic assessments and nationally standardized norm-referenced
achievement assessments that measure reading and math skills.

(3)
Any chartered nonpublic school that is not subject to division (K)(1)
of this section may participate in the assessment program by
administering any of the assessments prescribed by division (A) of
section 3301.0710 of the Revised Code. The chief administrator of the
school shall specify which assessments the school will administer.
Such specification shall be made in writing to the director prior to
the first day of August of any school year in which assessments are
administered and shall include a pledge that the nonpublic school
will administer the specified assessments in the same manner as
public schools are required to do under this section and rules
adopted by the department.

(4)
The department shall furnish the assessments prescribed by section
3301.0710 of the Revised Code to each chartered nonpublic school that
is subject to division (K)(1) of this section or participates under
division (K)(3) of this section.

(L)
If a chartered nonpublic school is educating students in grades nine
through twelve, the following shall apply:

(1)
Except as provided in division (L)(4) of this section, for a student
who is enrolled in a chartered nonpublic school that is accredited
through the independent schools association of the central states and
who is attending the school under a state scholarship program, the
student shall either take all of the assessments prescribed by
division (B) of section 3301.0712 of the Revised Code or take an
alternative assessment approved by the department under section
3313.619 of the Revised Code. However, a student who is excused from
taking an assessment under division (C) of this section or has
presented evidence to the chartered nonpublic school of having
satisfied the condition prescribed by division (A)(1) of section
3313.618 of the Revised Code to qualify for a high school diploma
prior to the date of the administration of the assessment prescribed
under division (B)(1) of section 3301.0712 of the Revised Code shall
not be required to take that assessment. No governing authority of a
chartered nonpublic school shall prohibit a student who is not
required to take such assessment from taking the assessment.

(2)
For a student who is enrolled in a chartered nonpublic school that is
accredited through the independent schools association of the central
states, and who is not attending the school under a state scholarship
program, the student shall not be required to take any assessment
prescribed under section 3301.0712 or 3313.619 of the Revised Code.

(3)(a)
Except as provided in divisions (L)(3)(b) and (4) of this section,
for a student who is enrolled in a chartered nonpublic school that is
not accredited through the independent schools association of the
central states, regardless of whether the student is attending or is
not attending the school under a state scholarship program, the
student shall do one of the following:

(i)
Take all of the assessments prescribed by division (B) of section
3301.0712 of the Revised Code;

(ii)
Take only the assessment prescribed by division (B)(1) of section
3301.0712 of the Revised Code, provided that the student's school
publishes the results of that assessment for each graduating class.
The published results of that assessment shall include the overall
composite scores, mean scores, twenty-fifth percentile scores, and
seventy-fifth percentile scores for each subject area of the
assessment.

(iii)
Take an alternative assessment approved by the department under
section 3313.619 of the Revised Code.

(b)
A student who is excused from taking an assessment under division (C)
of this section or has presented evidence to the chartered nonpublic
school of having satisfied the condition prescribed by division
(A)(1) of section 3313.618 of the Revised Code to qualify for a high
school diploma prior to the date of the administration of the
assessment prescribed under division (B)(1) of section 3301.0712 of
the Revised Code shall not be required to take that assessment. No
governing authority of a chartered nonpublic school shall prohibit a
student who is not required to take such assessment from taking the
assessment.

(4)
The assessments prescribed by sections 3301.0712 and 3313.619 of the
Revised Code shall not be administered to any student attending the
school, if the school meets all of the following conditions:

(a)
At least ninety-five per cent of the students enrolled in the school
are children with disabilities, as defined under section 3323.01 of
the Revised Code, or have received a diagnosis by a school district
or from a physician, including a neuropsychologist or psychiatrist,
or a psychologist who is authorized to practice in this or another
state as having a condition that impairs academic performance, such
as dyslexia, dyscalculia, attention deficit hyperactivity disorder,
or Asperger's syndrome.

(b)
The school has solely served a student population described in
division (L)(4)(a) of this section for at least ten years.

(c)
The school makes available to the department at least five years of
records of internal testing conducted by the school that affords the
department data required for accountability purposes, including
growth in student achievement in reading or mathematics, or both, as
measured by nationally norm-referenced assessments that have
developed appropriate standards for students.

Division
(L)(4) of this section applies to any student attending such school
regardless of whether the student receives special education or
related services and regardless of whether the student is attending
the school under a state scholarship program.

(M)(1)
The superintendent of Ohio deaf and blind education services shall
administer the assessments described by sections 3301.0710 and
3301.0712 of the Revised Code for the state school for the blind and
the state school for the deaf. The superintendent of Ohio deaf and
blind education services shall administer the assessments in the same
manner as district boards are required to do under this section and
rules adopted by the department and in conformity with division
(C)(1)(a) of this section.

(2)
The department shall furnish the assessments described by sections
3301.0710 and 3301.0712 of the Revised Code to the superintendent of
Ohio deaf and blind education services.

(N)
Notwithstanding division (E) of this section, a school district may
use a student's failure to attain a score in at least the proficient
range on the mathematics assessment described by division (A)(1)(a)
of section 3301.0710 of the Revised Code or on an assessment
described by division (A)(1)(b), (c), (d), (e), or (f) of section
3301.0710 of the Revised Code as a factor in retaining that student
in the current grade level.

(O)(1)
In the manner specified in divisions (O)(3)
,

and

(4)
,
(6), and (7)

of this section, the assessments required by division (A)(1) of
section 3301.0710 of the Revised Code shall become public records
pursuant to section 149.43 of the Revised Code on the thirty-first
day of July following the school year that the assessments were
administered.

(2)
The department may field test proposed questions with samples of
students to determine the validity, reliability, or appropriateness
of questions for possible inclusion in a future year's assessment.
The department also may use anchor questions on assessments to ensure
that different versions of the same assessment are of comparable
difficulty.

Field
test questions and anchor questions shall not be considered in
computing scores for individual students. Field test questions and
anchor questions may be included as part of the administration of any
assessment required by division (A)(1) or (B) of section 3301.0710
and division (B) of section 3301.0712 of the Revised Code.

(3)
Any field test question or anchor question administered under
division (O)(2) of this section shall not be a public record. Such
field test questions and anchor questions shall be redacted from any
assessments which are released as a public record pursuant to
division (O)(1) of this section.

(4)

This
division applies to the assessments prescribed by division (A) of
section 3301.0710 of the Revised Code.

(a)
The first administration of each assessment, as specified in former
section 3301.0712 of the Revised Code, shall be a public record.

(b)
For subsequent administrations of each assessment prior to the
2011-2012 school year, not less than forty per cent of the questions
on the assessment that are used to compute a student's score shall be
a public record. The department shall determine which questions will
be needed for reuse on a future assessment and those questions shall
not be public records and shall be redacted from the assessment prior
to its release as a public record. However, for each redacted
question, the department shall inform each city, local, and exempted
village school district of the statewide academic standard adopted
under section 3301.079 of the Revised Code and the corresponding
benchmark to which the question relates. The preceding sentence does
not apply to field test questions that are redacted under division
(O)(3) of this section.

(c)
The administrations of each assessment in the 2011-2012, 2012-2013,
and 2013-2014 school years shall not be a public record.

(5)
Each assessment prescribed by division (B)(1) of section 3301.0710 of
the Revised Code shall not be a public record.

(6)(a)
Except as provided in division (O)(6)(b) of this section, for the
administrations in the 2014-2015, 2015-2016, and 2016-2017 school
years, questions on the assessments prescribed under division (A) of
section 3301.0710 and division (B)(2) of section 3301.0712 of the
Revised Code and the corresponding preferred answers that are used to
compute a student's score shall become a public record as follows:

(i)
Forty per cent of the questions and preferred answers on the
assessments on the thirty-first day of July following the
administration of the assessment;

(ii)
Twenty per cent of the questions and preferred answers on the
assessment on the thirty-first day of July one year after the
administration of the assessment;

(iii)
The remaining forty per cent of the questions and preferred answers
on the assessment on the thirty-first day of July two years after the
administration of the assessment.

The
entire content of an assessment shall become a public record within
three years of its administration.

The
department shall make the questions that become a public record under
this division readily accessible to the public on the department's
web site. Questions on the spring administration of each assessment
shall be released on an annual basis, in accordance with this
division.

(b)
No questions and corresponding preferred answers shall become a
public record under division (O)(6) of this section after July 31,
2017.

(7)

Division
(O)(7)
(O)(4)

of this section applies to the assessments prescribed by division (A)
of section 3301.0710 and division (B)(2) of section 3301.0712 of the
Revised Code.

Beginning
with the assessments administered in the spring of the
2017-2018

2025-2026

school
year,
not
less than forty per cent of the
the
department shall determine which
questions
on each assessment that are used to compute a student's score
shall
be
are

a
public record
,
if any
.
The department shall determine which questions will be needed for
reuse on a future assessment and those questions shall not be public
records and shall be redacted from the assessment prior to its
release as a public record. However, for each redacted question, the
department shall inform each city, local, and exempted village school
district of the corresponding statewide academic standard adopted
under section 3301.079 of the Revised Code and the corresponding
benchmark to which the question relates. The department is not
required to provide corresponding standards and benchmarks to field
test questions that are redacted under division (O)(3) of this
section.

(P)
As used in this section:

(1)
"Three-year average" means the average of the most recent
consecutive three school years of data.

(2)
"Dropout" means a student who withdraws from school before
completing course requirements for graduation and who is not enrolled
in an education program approved by the department or an education
program outside the state. "Dropout" does not include a
student who has departed the country.

(3)
"Graduation rate" means the ratio of students receiving a
diploma to the number of students who entered ninth grade four years
earlier. Students who transfer into the district are added to the
calculation. Students who transfer out of the district for reasons
other than dropout are subtracted from the calculation. If a student
who was a dropout in any previous year returns to the same school
district, that student shall be entered into the calculation as if
the student had entered ninth grade four years before the graduation
year of the graduating class that the student joins.

(4)
"State scholarship programs" means the educational choice
scholarship pilot program established under sections 3310.01 to
3310.17 of the Revised Code, the autism scholarship program
established under section 3310.41 of the Revised Code, the Jon
Peterson special needs scholarship program established under sections
3310.51 to 3310.64 of the Revised Code, and the pilot project
scholarship program established under sections 3313.974 to 3313.979
of the Revised Code.

(5)
"Other public school" means a community school established
under Chapter 3314., a STEM school established under Chapter 3326.,
or a college-preparatory boarding school established under Chapter
3328. of the Revised Code.

(6)
"English learner" has the same meaning as in section
3301.0731 of the Revised Code.

(7)
"Classical school" means a community school established
under Chapter 3314. of the Revised Code that is a member of the Ohio
classical school association, or its successor organization, and uses
a curriculum substantially similar to that of a nationally recognized
classical school network.

Sec.
3301.0712.
(A)
The department of education and workforce and the chancellor of
higher education shall develop a system of college and work ready
assessments as described in division (B) of this section to assess
whether each student upon graduating from high school is ready to
enter college or the workforce. Beginning with students who enter the
ninth grade for the first time on or after July 1, 2014, the system
shall replace the Ohio graduation tests prescribed in division (B)(1)
of section 3301.0710 of the Revised Code as a measure of student
academic performance and one determinant of eligibility for a high
school diploma in the manner prescribed by rule adopted under
division (D) of this section.

(B)
The college and work ready assessment system shall consist of the
following:

(1)(a)
Except as provided in division (B)(1)(b) of this section, nationally
standardized assessments that measure college and career readiness
and are used for college admission. The assessments shall be selected
jointly by the department and the chancellor, and one of which shall
be selected by each school district or school to administer to its
students. The assessments prescribed under division (B)(1) of this
section shall be administered to all eleventh-grade students in the
spring of the school year.

(b)
Beginning with students who enter the ninth grade for the first time
on or after July 1, 2022, the parent or guardian of a student may
elect not to have a nationally standardized assessment administered
to that student. In that event, the student's school district or
school shall not administer the nationally standardized assessment to
that student.

(2)(a)
Except as provided in division (B)(2)(b) of this section, seven
end-of-course examinations, one in each of the areas of English
language arts I, English language arts II, science, Algebra I,
geometry, American history, and American government. The
end-of-course examinations shall be selected jointly by the
department and the chancellor in consultation with faculty in the
appropriate subject areas at institutions of higher education of the
university system of Ohio. Advanced placement examinations and
international baccalaureate examinations, as prescribed under section
3313.6013 of the Revised Code, in the areas of science, American
history, and American government may be used as end-of-course
examinations in accordance with division (B)(4)(a)(i) of this
section. Final course grades for courses taken under any other
advanced standing program, as prescribed under section 3313.6013 of
the Revised Code, in the areas of science, American history, and
American government may be used in lieu of end-of-course examinations
in accordance with division (B)(4)(a)(ii) of this section.

(b)
Beginning with students who enter ninth grade for the first time on
or after July 1, 2019, five end-of-course examinations, one in each
areas of English language arts II, science, Algebra I, American
history, and American government. However, only the end-of-course
examinations in English language arts II and Algebra I shall be
required for graduation.

The
department shall, as necessary to implement division (B)(2)(b) of
this section, seek a waiver from the United States secretary of
education for testing requirements prescribed under federal law to
allow for the use and implementation of Algebra I as the primary
assessment of high school mathematics. If the department does not
receive a waiver under this division, the end-of-course examinations
for students described in division (B)(2)(b) of this section also
shall include an end-of-course examination in the area of geometry.
However, the geometry end-of-course examination shall not be required
for graduation.

(3)
The end-of-course examinations in American history and American
government shall require demonstration of mastery of the American
history and American government content for social studies standards
adopted under division (A)(1)(b) of section 3301.079 of the Revised
Code and the topics required under division (M) of section 3313.603
of the Revised Code.

At
least twenty per cent of the end-of-course examination in American
government shall address the topics on American history and American
government described in division (M) of section 3313.603 of the
Revised Code.

(4)(a)
Notwithstanding anything to the contrary in this section, both of the
following shall apply:

(i)
If a student is enrolled in an appropriate advanced placement or
international baccalaureate course, that student shall take the
advanced placement or international baccalaureate examination in lieu
of the science, American history, or American government
end-of-course examinations prescribed under division (B)(2) of this
section. The department shall specify the score levels for each
advanced placement examination and international baccalaureate
examination for purposes of calculating the minimum cumulative
performance score that demonstrates the level of academic achievement
necessary to earn a high school diploma.

(ii)
If a student is enrolled in an appropriate course under any other
advanced standing program, as described in section 3313.6013 of the
Revised Code, that student shall not be required to take the science,
American history, or American government end-of-course examination,
whichever is applicable, prescribed under division (B)(2) of this
section. Instead, that student's final course grade shall be used in
lieu of the applicable end-of-course examination prescribed under
that section. The department, in consultation with the chancellor,
shall adopt guidelines for purposes of calculating the corresponding
final course grades that demonstrate the level of academic
achievement necessary to earn a high school diploma.

Division
(B)(4)(a)(ii) of this section shall apply only to courses for which
students receive transcripted credit, as defined in section 3365.01
of the Revised Code. It shall not apply to remedial or developmental
courses.

(b)
No student shall take a substitute examination or examination
prescribed under division (B)(4)(a) of this section in place of the
end-of-course examinations in English language arts I, English
language arts II, Algebra I, or geometry prescribed under division
(B)(2) of this section.

(c)
The department shall consider additional assessments that may be used
as substitute examinations in lieu of the end-of-course examinations
prescribed under division (B)(2) of this section.

(5)
The department shall do all of the following:

(a)
Determine and designate at least five ranges of scores on each of the
end-of-course examinations prescribed under division (B)(2) of this
section, and substitute examinations prescribed under division (B)(4)
of this section. Not later than sixty days after the designation of
ranges of scores, the director of education and workforce shall
conduct a public presentation before the standing committees of the
house of representatives and the senate that consider primary and
secondary education legislation regarding the designated range of
scores. Each range of scores shall be considered to demonstrate a
level of achievement so that any student attaining a score within
such range has achieved one of the following:

(i)
An advanced level of skill;

(ii)
An accomplished level of skill;

(iii)
A proficient level of skill;

(iv)
A basic level of skill;

(v)
A limited level of skill.

(b)
Determine a method by which to calculate a cumulative performance
score based on the results of a student's end-of-course examinations
or substitute examinations;

(c)
Determine the minimum cumulative performance score that demonstrates
the level of academic achievement necessary to earn a high school
diploma under division (A)(2) of section 3313.618 of the Revised
Code. However, no new minimum cumulative performance score shall be
determined after October 17, 2019.

(d)
Develop a table of corresponding score equivalents for the
end-of-course examinations and substitute examinations in order to
calculate student performance consistently across the different
examinations.

A
score of two on an advanced placement examination or a score of two
or three on an international baccalaureate examination shall be
considered equivalent to a proficient level of skill as specified
under division (B)(5)(a)(iii) of this section.

(6)(a)
A student who meets both of the following conditions shall not be
required to take an end-of-course examination:

(i)
The student received high school credit prior to July 1, 2015, for a
course for which the end-of-course examination is prescribed.

(ii)
The examination was not available for administration prior to July 1,
2015.

Receipt
of credit for the course described in division (B)(6)(a)(i) of this
section shall satisfy the requirement to take the end-of-course
examination. A student exempted under division (B)(6)(a) of this
section may take the applicable end-of-course examination at a later
date.

(b)
For purposes of determining whether a student who is exempt from
taking an end-of-course examination under division (B)(6)(a) of this
section has attained the cumulative score prescribed by division
(B)(5)(c) of this section, such student shall select either of the
following:

(i)
The student is considered to have attained a proficient score on the
end-of-course examination from which the student is exempt;

(ii)
The student's final course grade shall be used in lieu of a score on
the end-of-course examination from which the student is exempt.

The
department, in consultation with the chancellor, shall adopt
guidelines for purposes of calculating the corresponding final course
grades and the minimum cumulative performance score that demonstrates
the level of academic achievement necessary to earn a high school
diploma.

(7)(a)
Notwithstanding anything to the contrary in this section, the
department may replace the algebra I end-of-course examination
prescribed under division (B)(2) of this section with an algebra II
end-of-course examination, beginning with the 2016-2017 school year
for students who enter ninth grade on or after July 1, 2016.

(b)
If the department replaces the algebra I end-of-course examination
with an algebra II end-of-course examination as authorized under
division (B)(7)(a) of this section, both of the following shall
apply:

(i)
A student who is enrolled in an advanced placement or international
baccalaureate course in algebra II shall take the advanced placement
or international baccalaureate examination in lieu of the algebra II
end-of-course examination.

(ii)
A student who is enrolled in an algebra II course under any other
advanced standing program, as described in section 3313.6013 of the
Revised Code, shall not be required to take the algebra II
end-of-course examination. Instead, that student's final course grade
shall be used in lieu of the examination.

(c)
If a school district or school utilizes an integrated approach to
mathematics instruction, the district or school may do either or both
of the following:

(i)
Administer an integrated mathematics I end-of-course examination in
lieu of the prescribed algebra I end-of-course examination;

(ii)
Administer an integrated mathematics II end-of-course examination in
lieu of the prescribed geometry end-of-course examination.

(8)(a)
For students entering the ninth grade for the first time on or after
July 1, 2014, but prior to July 1, 2015, the assessment in the area
of science shall be physical science or biology. For students
entering the ninth grade for the first time on or after July 1, 2015,
the assessment in the area of science shall be biology.

(b)
Until July 1, 2019, the department shall make available the
end-of-course examination in physical science for students who
entered the ninth grade for the first time on or after July 1, 2014,
but prior to July 1, 2015, and who wish to retake the examination.

(c)
The department shall adopt rules prescribing the requirements for the
end-of-course examination in science for students who entered the
ninth grade for the first time on or after July 1, 2014, but prior to
July 1, 2015, and who have not met the requirement prescribed by
section 3313.618 of the Revised Code by July 1, 2019, due to a
student's failure to satisfy division (A)(2) of section 3313.618 of
the Revised Code.

(9)
The department shall not develop or administer an end-of-course
examination in the area of world history.

(10)
The department, in consultation with the chancellor and the
governor's office of workforce transformation, shall determine a
competency score for both of the Algebra I and English language arts
II end-of-course examinations for the purpose of graduation
eligibility.

(C)
The department shall convene a group of national experts, state
experts, and local practitioners to provide advice, guidance, and
recommendations for the alignment of standards and model curricula to
the assessments and in the design of the end-of-course examinations
prescribed by this section.

(D)
Upon completion of the development of the assessment system, the
department shall adopt rules prescribing all of the following:

(1)
A timeline and plan for implementation of the assessment system,
including a phased implementation if the department determines such a
phase-in is warranted;

(2)
The date after which a person shall meet the requirements of the
entire assessment system as a prerequisite for a diploma of adult
education under section 3313.611 of the Revised Code;

(3)
Whether and the extent to which a person may be excused from an
American history end-of-course examination and an American government
end-of-course examination under division (H) of section 3313.61 and
division (B)(3) of section 3313.612 of the Revised Code;

(4)
The date after which a person who has fulfilled the curriculum
requirement for a diploma but has not passed one or more of the
required assessments at the time the person fulfilled the curriculum
requirement shall meet the requirements of the entire assessment
system as a prerequisite for a high school diploma under division (B)
of section 3313.614 of the Revised Code;

(5)
The extent to which the assessment system applies to students
enrolled in a dropout
recovery
and
prevention

and
recovery

program for purposes of division (F) of section 3313.603
and

or
a dropout prevention and recovery community school under
section
3314.36 of the Revised Code.

(E)(1)
Any person enrolled in a nonchartered nonpublic school or any person
who is exempt from attendance at school for the purpose of home
education under section 3321.042 of the Revised Code may choose to
participate in the system of assessments administered under divisions
(B)(1) and (2) of this section. However, no such person shall be
required to participate in the system of assessments.

(2)
The department shall adopt rules for the administration and scoring
of any assessments under division (E)(1) of this section.

(F)
The department shall select at least one nationally recognized job
skills assessment. Each school district shall administer that
assessment to those students who opt to take it. The department shall
reimburse a school district for the costs of administering that
assessment. The department shall establish the minimum score a
student must attain on the job skills assessment in order to
demonstrate a student's workforce readiness and employability. The
administration of the job skills assessment to a student under this
division shall not exempt a school district from administering the
assessments prescribed in division (B) of this section to that
student.

Sec.
3301.0714.
(A)
The department of education and workforce shall adopt rules for a
statewide education management information system. The rules shall
require the department to establish guidelines for the establishment
and maintenance of the system in accordance with this section and the
rules adopted under this section. The guidelines shall include:

(1)
Standards identifying and defining the types of data in the system in
accordance with divisions (B) and (C) of this section;

(2)
Procedures for annually collecting and reporting the data to the
department in accordance with division (D) of this section;

(3)
Procedures for annually compiling the data in accordance with
division (G) of this section;

(4)
Procedures for annually reporting the data to the public in
accordance with division (H) of this section;

(5)
Standards to provide strict safeguards to protect the confidentiality
of personally identifiable student data.

(B)
The guidelines adopted under this section shall require the data
maintained in the education management information system to include
at least the following:

(1)
Student participation and performance data, for each grade in each
school district as a whole and for each grade in each school building
in each school district, that includes:

(a)
The numbers of students receiving each category of instructional
service offered by the school district, such as regular education
instruction, vocational education instruction, specialized
instruction programs or enrichment instruction that is part of the
educational curriculum, instruction for gifted students, instruction
for students with disabilities, and remedial instruction. The
guidelines shall require instructional services under this division
to be divided into discrete categories if an instructional service is
limited to a specific subject, a specific type of student, or both,
such as regular instructional services in mathematics, remedial
reading instructional services, instructional services specifically
for students gifted in mathematics or some other subject area, or
instructional services for students with a specific type of
disability. The categories of instructional services required by the
guidelines under this division shall be the same as the categories of
instructional services used in determining cost units pursuant to
division (C)(3) of this section.

(b)
The numbers of students receiving support or extracurricular services
for each of the support services or extracurricular programs offered
by the school district, such as counseling services, health services,
and extracurricular sports and fine arts programs. The categories of
services required by the guidelines under this division shall be the
same as the categories of services used in determining cost units
pursuant to division (C)(4)(a) of this section.

(c)
Average student grades in each subject in grades nine through twelve;

(d)
Academic achievement levels as assessed under sections 3301.0710,
3301.0711, and 3301.0712 of the Revised Code;

(e)
The number of students designated as having a disabling condition
pursuant to division (C)(1) of section 3301.0711 of the Revised Code;

(f)
The numbers of students reported to the department pursuant to
division (C)(2) of section 3301.0711 of the Revised Code;

(g)
Attendance rates and the average daily attendance for the year. For
purposes of this division, a student shall be counted as present for
any field trip that is approved by the school administration.

(h)
Expulsion rates;

(i)
Suspension rates;

(j)
Dropout rates;

(k)
Rates of retention in grade;

(l)
For pupils in grades nine through twelve, the average number of
carnegie units, as calculated in accordance with the director's
rules;

(m)
Graduation rates, to be calculated in a manner specified by the
department that reflects the rate at which students who were in the
ninth grade three years prior to the current year complete school and
that is consistent with nationally accepted reporting requirements;

(n)
Results of diagnostic assessments
administered
to kindergarten students as required under
described
in division (A)(1) of

section 3301.0715 of the Revised Code

to
permit a comparison of the academic readiness of kindergarten
students. However, no district shall be required to report to the
department the results of any diagnostic assessment administered to a
kindergarten student, except for the language and reading assessment
described in division (A)(2) of section 3301.0715 of the Revised
Code, if the parent of that student requests the district not to
report those results.
;

(o)
The number of students earning each state diploma seal included in
the system prescribed under division (A) of section 3313.6114 of the
Revised Code;

(p)
The number of students demonstrating competency for graduation using
each option described in divisions (B)(1)(a) to (d) of section
3313.618 of the Revised Code;

(q)
The number of students completing each foundational and supporting
option as part of the demonstration of competency for graduation
pursuant to division (B)(1)(b) of section 3313.618 of the Revised
Code;

(r)
The number of students enrolled in all-day kindergarten, as defined
in section 3321.05 of the Revised Code.

(2)
Personnel and classroom enrollment data for each school district,
including:

(a)
The total numbers of licensed employees and nonlicensed employees and
the numbers of full-time equivalent licensed employees and
nonlicensed employees providing each category of instructional
service, instructional support service, and administrative support
service used pursuant to division (C)(3) of this section. The
guidelines adopted under this section shall require these categories
of data to be maintained for the school district as a whole and,
wherever applicable, for each grade in the school district as a
whole, for each school building as a whole, and for each grade in
each school building.

(b)
The total number of employees and the number of full-time equivalent
employees providing each category of service used pursuant to
divisions (C)(4)(a) and (b) of this section, and the total numbers of
licensed employees and nonlicensed employees and the numbers of
full-time equivalent licensed employees and nonlicensed employees
providing each category used pursuant to division (C)(4)(c) of this
section. The guidelines adopted under this section shall require
these categories of data to be maintained for the school district as
a whole and, wherever applicable, for each grade in the school
district as a whole, for each school building as a whole, and for
each grade in each school building.

(c)
The total number of regular classroom teachers teaching classes of
regular education and the average number of pupils enrolled in each
such class, in each of grades kindergarten through five in the
district as a whole and in each school building in the school
district.

(d)
The number of lead teachers employed by each school district and each
school building.

(3)(a)
Student demographic data for each school district, including
information regarding the gender ratio of the school district's
pupils, the racial make-up of the school district's pupils, the
number of English learners in the district, and an appropriate
measure of the number of the school district's pupils who reside in
economically disadvantaged households. The demographic data shall be
collected in a manner to allow correlation with data collected under
division (B)(1) of this section. Categories for data collected
pursuant to division (B)(3) of this section shall conform, where
appropriate, to standard practices of agencies of the federal
government.

(b)
With respect to each student entering kindergarten, whether the
student previously participated in a public preschool program, a
private preschool program, or a head start program, and the number of
years the student participated in each of these programs.

(4)(a)
The core curriculum and instructional materials being used for
English language arts in each of grades pre-kindergarten to five;

(b)
The reading intervention programs being used in each of grades
pre-kindergarten to twelve.

(5)
Any data required to be collected pursuant to federal law.

(C)
The education management information system shall include cost
accounting data for each district as a whole and for each school
building in each school district. The guidelines adopted under this
section shall require the cost data for each school district to be
maintained in a system of mutually exclusive cost units and shall
require all of the costs of each school district to be divided among
the cost units. The guidelines shall require the system of mutually
exclusive cost units to include at least the following:

(1)
Administrative costs for the school district as a whole. The
guidelines shall require the cost units under this division (C)(1) to
be designed so that each of them may be compiled and reported in
terms of average expenditure per pupil in enrolled ADM in the school
district, as determined pursuant to section 3317.03 of the Revised
Code.

(2)
Administrative costs for each school building in the school district.
The guidelines shall require the cost units under this division
(C)(2) to be designed so that each of them may be compiled and
reported in terms of average expenditure per full-time equivalent
pupil receiving instructional or support services in each building.

(3)
Instructional services costs for each category of instructional
service provided directly to students and required by guidelines
adopted pursuant to division (B)(1)(a) of this section. The
guidelines shall require the cost units under division (C)(3) of this
section to be designed so that each of them may be compiled and
reported in terms of average expenditure per pupil receiving the
service in the school district as a whole and average expenditure per
pupil receiving the service in each building in the school district
and in terms of a total cost for each category of service and, as a
breakdown of the total cost, a cost for each of the following
components:

(a)
The cost of each instructional services category required by
guidelines adopted under division (B)(1)(a) of this section that is
provided directly to students by a classroom teacher;

(b)
The cost of the instructional support services, such as services
provided by a speech-language pathologist, classroom aide, multimedia
aide, or librarian, provided directly to students in conjunction with
each instructional services category;

(c)
The cost of the administrative support services related to each
instructional services category, such as the cost of personnel that
develop the curriculum for the instructional services category and
the cost of personnel supervising or coordinating the delivery of the
instructional services category.

(4)
Support or extracurricular services costs for each category of
service directly provided to students and required by guidelines
adopted pursuant to division (B)(1)(b) of this section. The
guidelines shall require the cost units under division (C)(4) of this
section to be designed so that each of them may be compiled and
reported in terms of average expenditure per pupil receiving the
service in the school district as a whole and average expenditure per
pupil receiving the service in each building in the school district
and in terms of a total cost for each category of service and, as a
breakdown of the total cost, a cost for each of the following
components:

(a)
The cost of each support or extracurricular services category
required by guidelines adopted under division (B)(1)(b) of this
section that is provided directly to students by a licensed employee,
such as services provided by a guidance counselor or any services
provided by a licensed employee under a supplemental contract;

(b)
The cost of each such services category provided directly to students
by a nonlicensed employee, such as janitorial services, cafeteria
services, or services of a sports trainer;

(c)
The cost of the administrative services related to each services
category in division (C)(4)(a) or (b) of this section, such as the
cost of any licensed or nonlicensed employees that develop,
supervise, coordinate, or otherwise are involved in administering or
aiding the delivery of each services category.

(D)(1)
The guidelines adopted under this section shall require school
districts to collect information about individual students, staff
members, or both in connection with any data required by division (B)
or (C) of this section or other reporting requirements established in
the Revised Code. The guidelines may also require school districts to
report information about individual staff members in connection with
any data required by division (B) or (C) of this section or other
reporting requirements established in the Revised Code. The
guidelines shall not authorize school districts to request social
security numbers of individual students. The guidelines shall
prohibit the reporting under this section of a student's name,
address, and social security number to the department. The guidelines
shall also prohibit the reporting under this section of any
personally identifiable information about any student, except for the
purpose of assigning the data verification code required by division
(D)(2) of this section, to any other person unless such person is
employed by the school district or the information technology center
operated under section 3301.075 of the Revised Code and is authorized
by the district or technology center to have access to such
information or is employed by an entity with which the department
contracts for the scoring or the development of state assessments.
The guidelines may require school districts to provide the social
security numbers of individual staff members and the county of
residence for a student. Nothing in this section prohibits the
department from providing a student's county of residence to the
department of taxation to facilitate the distribution of tax revenue.

(2)(a)
The guidelines shall provide for each school district or community
school to assign a data verification code that is unique on a
statewide basis over time to each student whose initial Ohio
enrollment is in that district or school and to report all required
individual student data for that student utilizing such code. The
guidelines shall also provide for assigning data verification codes
to all students enrolled in districts or community schools on the
effective date of the guidelines established under this section. The
assignment of data verification codes for other entities, as
described in division (D)(2)(d) of this section, the use of those
codes, and the reporting and use of associated individual student
data shall be coordinated by the department of education and
workforce in accordance with state and federal law.

School
districts shall report individual student data to the department
through the information technology centers utilizing the code. The
entities described in division (D)(2)(d) of this section shall report
individual student data to the department in the manner prescribed by
the department.

(b)(i)
Except as provided in sections 3301.941, 3310.11, 3310.42, 3310.63,
3313.978, 3317.20, and 5747.057 of the Revised Code, and in division
(D)(2)(b)(ii) of this section, at no time shall the department have
access to information that would enable any data verification code to
be matched to personally identifiable student data.

(ii)
For the purpose of making per-pupil payments to community schools
under section 3317.022 of the Revised Code, the department shall have
access to information that would enable any data verification code to
be matched to personally identifiable student data.

(c)
Each school district and community school shall ensure that the data
verification code is included in the student's records reported to
any subsequent school district, community school, or state
institution of higher education, as defined in section 3345.011 of
the Revised Code, in which the student enrolls. Any such subsequent
district or school shall utilize the same identifier in its reporting
of data under this section.

(d)(i)
The director of any state agency that administers a publicly funded
program providing services to children who are younger than
compulsory school age, as defined in section 3321.01 of the Revised
Code, including the directors of health, job and family services,
mental health and addiction services, children and youth, and
developmental disabilities, shall request and receive, pursuant to
sections 3301.0723 and 5180.33 of the Revised Code, a data
verification code for a child who is receiving those services.

(ii)
The director of developmental disabilities, director of health,
director of job and family services,
director
of children and youth,
director
of mental health and addiction services, medicaid director, executive
director of the commission on minority health, executive director of
the opportunities for Ohioans with disabilities agency, or director
of education and workforce, on behalf of a program that receives
public funds and provides services to children who are younger than
compulsory school age, may request and receive, pursuant to section
3301.0723 of the Revised Code, a data verification code for a child
who is receiving services from the program.

(E)
The guidelines adopted under this section may require school
districts to collect and report data, information, or reports other
than that described in divisions (A), (B), and (C) of this section
for the purpose of complying with other reporting requirements
established in the Revised Code. The other data, information, or
reports may be maintained in the education management information
system but are not required to be compiled as part of the profile
formats required under division (G) of this section or the annual
statewide report required under division (H) of this section.

(F)
The board of education of each school district shall annually collect
and report to the department, in accordance with the guidelines
established by the department, the data required pursuant to this
section. A school district may collect and report these data
notwithstanding section 2151.357 or 3319.321 of the Revised Code.

(G)
The department shall, in accordance with the procedures it adopts,
annually compile the data reported by each school district pursuant
to division (D) of this section. The department shall design formats
for profiling each school district as a whole and each school
building within each district and shall compile the data in
accordance with these formats. These profile formats shall:

(1)
Include all of the data gathered under this section in a manner that
facilitates comparison among school districts and among school
buildings within each school district;

(2)
Present the data on academic achievement levels as assessed by the
testing of student achievement maintained pursuant to division
(B)(1)(d) of this section.

(H)(1)
The department shall, in accordance with the procedures it adopts,
annually prepare a statewide report for all school districts and the
general public that includes the profile of each of the school
districts developed pursuant to division (G) of this section. Copies
of the report shall be sent to each school district.

(2)
The department shall, in accordance with the procedures it adopts,
annually prepare an individual report for each school district and
the general public that includes the profiles of each of the school
buildings in that school district developed pursuant to division (G)
of this section.

(I)
Any data that is collected or maintained pursuant to this section and
that identifies an individual pupil is not a public record for the
purposes of section 149.43 of the Revised Code.

(J)
As used in this section:

(1)
"School district" means any city, local, exempted village,
or joint vocational school district and, in accordance with section
3314.17 of the Revised Code, any community school. As used in
division (L) of this section, "school district" also
includes any educational service center or other educational entity
required to submit data using the system established under this
section.

(2)
"Cost" means any expenditure for operating expenses made by
a school district excluding any expenditures for debt retirement
except for payments made to any commercial lending institution for
any loan approved pursuant to section 3313.483 of the Revised Code.

(K)
Any person who removes data from the information system established
under this section for the purpose of releasing it to any person not
entitled under law to have access to such information is subject to
section 2913.42 of the Revised Code prohibiting tampering with data.

(L)(1)
In accordance with division (L)(2) of this section and the rules
adopted under division (L)(10) of this section, the department may
sanction any school district that reports incomplete or inaccurate
data, reports data that does not conform to data requirements and
descriptions published by the department, fails to report data in a
timely manner, or otherwise does not make a good faith effort to
report data as required by this section.

(2)
If the department decides to sanction a school district under this
division, the department shall take the following sequential actions:

(a)
Notify the district in writing that the department has determined
that data has not been reported as required under this section and
require the district to review its data submission and submit
corrected data by a deadline established by the department. The
department also may require the district to develop a corrective
action plan, which shall include provisions for the district to
provide mandatory staff training on data reporting procedures.

(b)
Withhold up to ten per cent of the total amount of state funds due to
the district for the current fiscal year and, if not previously
required under division (L)(2)(a) of this section, require the
district to develop a corrective action plan in accordance with that
division;

(c)
Withhold an additional amount of up to twenty per cent of the total
amount of state funds due to the district for the current fiscal
year;

(d)
Direct department staff or an outside entity to investigate the
district's data reporting practices and make recommendations for
subsequent actions. The recommendations may include one or more of
the following actions:

(i)
Arrange for an audit of the district's data reporting practices by
department staff or an outside entity;

(ii)
Conduct a site visit and evaluation of the district;

(iii)
Withhold an additional amount of up to thirty per cent of the total
amount of state funds due to the district for the current fiscal
year;

(iv)
Continue monitoring the district's data reporting;

(v)
Assign department staff to supervise the district's data management
system;

(vi)
Conduct an investigation to determine whether to suspend or revoke
the license of any district employee in accordance with division (N)
of this section;

(vii)
If the district is issued a report card under section 3302.03 of the
Revised Code, indicate on the report card that the district has been
sanctioned for failing to report data as required by this section;

(viii)
If the district is issued a report card under section 3302.03 of the
Revised Code and incomplete or inaccurate data submitted by the
district likely caused the district to receive a higher performance
rating than it deserved under that section, issue a revised report
card for the district;

(ix)
Any other action designed to correct the district's data reporting
problems.

(3)
Any time the department takes an action against a school district
under division (L)(2) of this section, the department shall make a
report of the circumstances that prompted the action. The department
shall send a copy of the report to the district superintendent or
chief administrator and maintain a copy of the report in its files.

(4)
If any action taken under division (L)(2) of this section resolves a
school district's data reporting problems to the department's
satisfaction, the department shall not take any further actions
described by that division. If the department withheld funds from the
district under that division, the department may release those funds
to the district, except that if the department withheld funding under
division (L)(2)(c) of this section, the department shall not release
the funds withheld under division (L)(2)(b) of this section and, if
the department withheld funding under division (L)(2)(d) of this
section, the department shall not release the funds withheld under
division (L)(2)(b) or (c) of this section.

(5)
Notwithstanding anything in this section to the contrary, the
department may use its own staff or an outside entity to conduct an
audit of a school district's data reporting practices any time the
department has reason to believe the district has not made a good
faith effort to report data as required by this section. If any audit
conducted by an outside entity under division (L)(2)(d)(i) or (5) of
this section confirms that a district has not made a good faith
effort to report data as required by this section, the district shall
reimburse the department for the full cost of the audit. The
department may withhold state funds due to the district for this
purpose.

(6)
Prior to issuing a revised report card for a school district under
division (L)(2)(d)(viii) of this section, the department may hold a
hearing to provide the district with an opportunity to demonstrate
that it made a good faith effort to report data as required by this
section. The hearing shall be conducted by a referee appointed by the
department. Based on the information provided in the hearing, the
referee shall recommend whether the department should issue a revised
report card for the district. If the referee affirms the department's
contention that the district did not make a good faith effort to
report data as required by this section, the district shall bear the
full cost of conducting the hearing and of issuing any revised report
card.

(7)
If the department determines that any inaccurate data reported under
this section caused a school district to receive excess state funds
in any fiscal year, the district shall reimburse the department an
amount equal to the excess funds, in accordance with a payment
schedule determined by the department. The department may withhold
state funds due to the district for this purpose.

(8)
Any school district that has funds withheld under division (L)(2) of
this section may appeal the withholding in accordance with Chapter
119. of the Revised Code.

(9)
In all cases of a disagreement between the department and a school
district regarding the appropriateness of an action taken under
division (L)(2) of this section, the burden of proof shall be on the
district to demonstrate that it made a good faith effort to report
data as required by this section.

(10)
The director of education and workforce shall adopt rules under
Chapter 119. of the Revised Code to implement division (L) of this
section.

(M)
No information technology center or school district shall acquire,
change, or update its student administration software package to
manage and report data required to be reported to the department
unless it converts to a student software package that is certified by
the department.

(N)
The state board of education, in accordance with sections 3319.31 and
3319.311 of the Revised Code, may suspend or revoke a license as
defined under division (A) of section 3319.31 of the Revised Code
that has been issued to any school district employee found to have
willfully reported erroneous, inaccurate, or incomplete data to the
education management information system.

(O)
No person shall release or maintain any information about any student
in violation of this section. Whoever violates this division is
guilty of a misdemeanor of the fourth degree.

(P)

The
department shall disaggregate the data collected under division
(B)(1)(n) of this section according to the race and socioeconomic
status of the students assessed.

(Q)

If
the department cannot compile any of the information required by
division (I) of section 3302.03 of the Revised Code based upon the
data collected under this section, the department shall develop a
plan and a reasonable timeline for the collection of any data
necessary to comply with that division.

Sec.
3301.0715.
(A)
Except as required under division (B)(1) of section 3313.608 or as
specified in division (D)(3) of section 3301.079 of the Revised Code,
the
(A)(1)
The
board
of education of each city, local, and exempted village school
district shall administer
each
applicable
a

diagnostic
assessment
developed
and provided to the district
in
reading and mathematics adopted or approved
in
accordance with section 3301.079 of the Revised Code to the
following:

(1)
(a)
Each student enrolled in kindergarten, first, second, or third grade.

(b)

Any student who transfers into the district or to a different school
within the district if each applicable diagnostic assessment was not
administered by the district or school the student previously
attended in the current school year, within thirty days after the
date of transfer. If the district or school into which the student
transfers cannot determine whether the student has taken any
applicable diagnostic assessment in the current school year, the
district or school may administer the diagnostic assessment to the
student. However, if a student transfers into the district prior to
the administration of the diagnostic assessments to all students
under division (B) of this section, the district may administer the
diagnostic assessments to that student on the date or dates
determined under that division.

(2)

Each
kindergarten student, not earlier than the first day of July of the
school year and not later than the twentieth day of instruction of
that school year.

For
the purpose of division (A)(2) of this section, the
The

district
shall administer the kindergarten readiness assessment
provided
by the department of children and youth
to
each kindergarten student not earlier than the first day of July of
the school year in which the student is enrolled in kindergarten and
not later than the twentieth day of instruction of that school year
.
In no case shall the results of the readiness assessment be used to
prohibit a student from enrolling in kindergarten.

(3)
Each student enrolled in first, second, or third grade.

Division
(A) of this section does not apply to students with significant
cognitive disabilities, as defined by the department.

(B)
Each district board shall administer each diagnostic assessment
when
the board deems appropriate, provided the administration complies
with section 3313.608 of the Revised Code. However, the board shall
administer any diagnostic assessment
described
in division (A)(1) of this section
at
least once annually
by
the thirtieth day of September
to
all students in the appropriate grade level.
The
board shall administer a diagnostic assessment to a student with a
significant cognitive disability in accordance with guidelines
adopted by the department of education and workforce.
A
district board may administer any diagnostic assessment in the fall
and spring of a school year to measure the amount of academic growth
attributable to the instruction received by students during that
school year.

(C)

A
district may use different diagnostic assessments from those adopted
under division (D) of section 3301.079 of the Revised Code in order
to satisfy the requirements of division (A)(3) of this section if the
district meets either of the following conditions for the immediately
preceding school year:

(1)
The district received a grade of "A" or "B" for
the performance index score under division (C)(1)(b) of section
3302.03 of the Revised Code or for the value-added progress dimension
under division (C)(1)(e) of that section.

(2)
The district received a performance rating of four stars or higher
for achievement under division (D)(3)(b) of section 3302.03 of the
Revised Code or for progress under division (D)(3)(c) of that
section.

(D)

Each
district board shall utilize and score
any
diagnostic
the
kindergarten readiness
assessment

administered
under division (A) of this section
in
accordance with rules established by
the
department of education or
the
department of children and youth

and
shall utilize and score each diagnostic assessment described in
division (A)(1) of this section in accordance with rules established
by the department of education and workforce
.
After the administration of
any

the
kindergarten readiness assessment or a
diagnostic
assessment

described
in division (A)(1) of this section
,
each district shall provide a student's completed
diagnostic

assessment,
the results of such assessment, and any other accompanying documents
used during the administration of the assessment to the parent of
that student
,
and
.
The district
shall
include all such documents and information
related
to a diagnostic assessment described in division (A)(1) of this
section
in
any plan developed for the student under division (C) of section
3313.608 of the Revised Code. Each district shall submit, in the
manner prescribed by each department, the results of the
diagnostic

assessments
administered under this section
,
regardless of the type of assessment used under section 3313.608 of
the Revised Code

as follows:

(1)
The results of the kindergarten readiness assessment to the
department of children and youth;

(2)
The results of all diagnostic assessments
described
in division (A)(1) of this section
to
the department of education

and
workforce pursuant to section 3301.0714 of the Revised Code
.

The

department
of education and the
department
of children and youth
may
issue reports with respect to the data collected. Either department

may
report school and district level kindergarten
diagnostic

readiness

assessment
data

and
use
.
The department of education and workforce may report data from any

diagnostic
assessment
data

described
in division (A)(1) of this section and may use that data
to
calculate the measures prescribed by divisions (B)(1)(g), (C)(1)(g),
and (D)(1)(h) of section 3302.03 of the Revised Code

and
the data reported under division (D)(2)(e) of that section
.

(E)
(D)

Each district board shall provide intervention services to students
whose diagnostic assessments
described
in division (A)(1) of this section
show
that they are failing to make satisfactory progress toward attaining
the academic standards for their grade level.

(F)
(E)

Any chartered nonpublic school may elect to administer the
kindergarten readiness assessment to all kindergarten students
enrolled in the school. If the school so elects, the chief
administrator of the school shall notify the director of children and
youth not later than the thirty-first day of March prior to any
school year in which the school will administer the assessment. The
department of children and youth shall furnish the assessment to the
school at no cost to the school. In administering the assessment, the
school shall do all of the following:

(1)
Enter into a written agreement with the department of children and
youth specifying that the school will share each participating
student's assessment data with the department
of
education and the department of children and youth
and,
that for the purpose of reporting the data to the department

of
education and department of children and youth
,
each participating student will be assigned a data verification code
as described in division (D)(2) of section 3301.0714 of the Revised
Code;

(2)
Require the assessment to be administered by a teacher certified
under section 3301.071 of the Revised Code who either has completed
training on administering the kindergarten readiness assessment

provided
by the department of children and youth
or
has been trained by another person who has completed such training;

(3)
Administer the assessment in the same manner as school districts are
required to do under this section and the rules established under
division
(D)
(C)

of this section.

(G)
(F)

A school district in which less than eighty per cent of its students
score at the proficient level or higher on the third-grade English
language arts assessment prescribed under section 3301.0710 of the
Revised Code shall establish a reading improvement plan supported by
reading specialists. Prior to implementation, the plan shall be
approved by the school district board of education.

(G)
As used in this section, "kindergarten readiness assessment"
means the diagnostic assessment provided by the department of
children and youth under section 5104.52 of the Revised Code.

Sec.
3301.0723.
(A)
All of the following apply to the independent contractor engaged by
the department of education and workforce to create and maintain for
school districts and community schools the student data verification
codes required by division (D)(2) of section 3301.0714 of the Revised
Code:

(1)
Upon request of the director of any state agency that administers a
publicly funded program providing services to children who are
younger than compulsory school age, including the directors of
health, children and youth, mental health and addiction services, and
developmental disabilities, the contractor shall assign a data
verification code to a child who is receiving such services and shall
provide that code to the director.

(2)
Upon request of the director of developmental disabilities, director
of health, director of job and family services,
director
of children and youth,
director
of mental health and addiction services, medicaid director, executive
director of the commission on minority health, executive director of
the opportunities for Ohioans with disabilities agency, or director
of education and workforce and on behalf of a program that receives
public funds and provides services to children younger than
compulsory school age, the contractor shall assign a data
verification code to a child who is receiving such services from the
program and shall provide that code to the director.

(3)
The contractor also shall provide the codes requested under division
(A) of this section to the department of education and workforce.

For
purposes of division (A) of this section, "compulsory school
age" has the same meaning as in section 3321.01 of the Revised
Code.

(B)
The director of a state agency that receives a child's data
verification code under division (A)(1) of this section shall use
that code to submit information for that child to the department of
education and workforce in accordance with section 3301.0714 of the
Revised Code.

The
director of a state agency that receives a child's data verification
code under division (A)(2) of this section shall provide that code to
the publicly or privately funded program providing services to the
child. The program shall use that code to submit information for that
child to the department of education and workforce in accordance with
section 3301.0714 of the Revised Code, but only to the extent
permitted by federal law.

(C)
A public school that receives from the independent contractor the
data verification code for a child assigned under division (A) of
this section shall not request or assign to that child another data
verification code under division (D)(2) of section 3301.0714 of the
Revised Code. That school and any other public school in which the
child subsequently enrolls shall use the data verification code
assigned under division (A) of this section to report data relative
to that student required under section 3301.0714 of the Revised Code.

Sec.
3301.0727.
(A)
As used in this section, "dropout
prevention
and
recovery
community school" has the same meaning as in section
3319.301

3314.02

of
the Revised Code.

(B)
Notwithstanding any provision to the contrary in section 3301.0710,
3301.0711, or 3301.0712 of the Revised Code, a dropout
prevention
and
recovery
community school shall do both of the following with regard to the
administration of end-of-course examinations required under section
3301.0712 of the Revised Code:

(1)
In addition to the annual testing windows established by the director
of education and workforce under division (C) of section 3301.0710 of
the Revised Code, administer the examinations in an online or paper
format based on the needs of the student;

(2)
Adhere to security requirements prescribed under section 3319.151 of
the Revised Code for the online examinations administered under
division (B)(1) of this section.

(C)
The director of education and workforce shall establish extended
testing windows of ten weeks in duration in the fall and spring for
dropout
prevention
and
recovery
community schools so that they may administer assessments in closer
proximity to when students complete related coursework. The director
also shall establish a summer testing window for students
participating in summer instruction.

(D)
Nothing in this section shall be construed to relieve a dropout

prevention
and
recovery
community school from its obligation to administer testing in-person
as otherwise required by law.

Sec.
3301.136.
The
department of education and workforce shall compile a list of
tutoring programs that it considers to be of high quality and have
the potential to accelerate learning for students in the areas of
English language arts, mathematics, science, and social studies. For
this purpose, the department shall request the qualifications of
public and private entities that provide tutoring programs for
students.
The
requested qualifications shall include program efficacy data or other
evidence of program effectiveness for students who participate in the
tutoring programs.
The
department shall establish a rubric to evaluate the programs and
determine a minimum score for a tutoring program to be included on
the department's list.

In
compiling the list, the department may designate individual tutoring
programs as more appropriate for certain grade levels, populations of
students, or subject areas.

The
department shall immediately remove from the list any tutoring
program in the area of English language arts that the department
determines is not aligned to the science of reading or uses a
three-cueing approach, as defined in section 3313.6028 of the Revised
Code.

The
department may establish multiple application periods in any school
year for entities to submit their qualifications for consideration to
be included on the list. However, the department shall post the
initial list of tutoring programs on the department's web site not
later than October 1, 2022.
After
the initial list is posted, the department shall, at least every
three years thereafter, provide an opportunity for entities to submit
their qualifications for consideration to be included on the list and
post an updated list of tutoring programs on the department's web
site.
No
school district or school shall be required to use a tutoring program
on the list.

Sec.
3301.17.
(A)
The board of education of each city, exempted village, local, and
joint vocational school district may make a driver education course
available to high school students enrolled in the district in
accordance with Chapter 4508. of the Revised Code. No school district
making such a course available shall require any student to enroll in
the course in lieu of taking a training course from a private driver
training school licensed under that chapter.

(B)
The principal of each high school shall annually give written notice
to the students enrolled in the high school that they may elect,
under a procedure that shall be described in the notice, to take a
training course from a private driver training school or, if
available, enroll in a driver education course made available by the
student's school district of attendance.

(C)
Students who successfully complete a driver education course offered
by the student's school district of attendance or through any agency
or organization that the district contracts with to offer such a
course under this section may earn either:

(1)
Notwithstanding anything to the contrary in division (C)(8) of
section 3313.603 of the Revised Code, up to one-half unit towards
high school elective credits that may substitute for credits in the
subjects listed under that division;

(2)
An industry-recognized credential approved under section 3313.6113 of
the Revised Code.

A
student may be granted up to two points toward a high school diploma
under the list of industry-recognized credentials established and
updated under section 3313.6113 of the Revised Code.

(D)
Notwithstanding anything to the contrary in sections 3317.014,
3317.022, and 3317.16 of the Revised Code, a career-technical
planning district, as defined in section 3317.023 of the Revised
Code, may use a portion of the career-technical education funds
received under section 3317.022 or 3317.16 of the Revised Code to
make a driver education course available to high school students
enrolled in the district.

Sec.
3301.24.
(A)
Not later than December 31, 2025, the department of education and
workforce shall develop a model policy on the use of artificial
intelligence in schools. The model policy shall address appropriate
use of artificial intelligence by students and staff for educational
purposes.

(B)
Not later than July 1, 2026, each school district, community school
established under Chapter 3314. of the Revised Code, and STEM school
established under Chapter 3326. of the Revised Code shall adopt a
policy on the use of artificial intelligence. The district or school
may adopt the department's model policy developed under division (A)
of this section.

Sec.
3301.541.
(A)(1)
The director, head teacher, elementary principal, or site
administrator of a preschool program shall request the superintendent
of the bureau of criminal identification and investigation to conduct
a criminal records check with respect to any applicant who has
applied to the preschool program for employment as a person
responsible for the care, custody, or control of a child. If the
applicant does not present proof that the applicant has been a
resident of this state for the five-year period immediately prior to
the date upon which the criminal records check is requested or does
not provide evidence that within that five-year period the
superintendent has requested information about the applicant from the
federal bureau of investigation in a criminal records check, the
director, head teacher, or elementary principal shall request that
the superintendent obtain information from the federal bureau of
investigation as a part of the criminal records check for the
applicant. If the applicant presents proof that the applicant has
been a resident of this state for that five-year period, the
director, head teacher, or elementary principal may request that the
superintendent include information from the federal bureau of
investigation in the criminal records check.

(2)
Any director, head teacher, elementary principal, or site
administrator required by division (A)(1) of this section to request
a criminal records check shall provide to each applicant a copy of
the form prescribed pursuant to division (C)(1) of section 109.572 of
the Revised Code, provide to each applicant a standard impression
sheet to obtain fingerprint impressions prescribed pursuant to
division (C)(2) of section 109.572 of the Revised Code, obtain the
completed form and impression sheet from each applicant, and forward
the completed form and impression sheet to the superintendent of the
bureau of criminal identification and investigation at the time the
person requests a criminal records check pursuant to division (A)(1)
of this section.

(3)
Any applicant who receives pursuant to division (A)(2) of this
section a copy of the form prescribed pursuant to division (C)(1) of
section 109.572 of the Revised Code and a copy of an impression sheet
prescribed pursuant to division (C)(2) of that section and who is
requested to complete the form and provide a set of fingerprint
impressions shall complete the form or provide all the information
necessary to complete the form and provide the impression sheet with
the impressions of the applicant's fingerprints. If an applicant,
upon request, fails to provide the information necessary to complete
the form or fails to provide impressions of the applicant's
fingerprints, the preschool program shall not employ that applicant
for any position for which a criminal records check is required by
division (A)(1) of this section.

(B)(1)
Except as provided in rules adopted by the department of
education
and workforce
children
and youth
in
accordance with division (E) of this section, no preschool program
shall employ a person as a person responsible for the care, custody,
or control of a child if the person previously has been convicted of
or pleaded guilty to any of the following:

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

(b)
A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to any
of the offenses or violations described in division (B)(1)(a) of this
section.

(2)
A preschool program may employ an applicant conditionally until the
criminal records check required by this section is completed and the
preschool program receives the results of the criminal records check.
If the results of the criminal records check indicate that, pursuant
to division (B)(1) of this section, the applicant does not qualify
for employment, the preschool program shall release the applicant
from employment.

(C)(1)
Each preschool program shall pay to the bureau of criminal
identification and investigation the fee prescribed pursuant to
division (C)(3) of section 109.572 of the Revised Code for each
criminal records check conducted in accordance with that section upon
the request pursuant to division (A)(1) of this section of the
director, head teacher, elementary principal, or site administrator
of the preschool program.

(2)
A preschool program may charge an applicant a fee for the costs it
incurs in obtaining a criminal records check under this section. A
fee charged under this division shall not exceed the amount of fees
the preschool program pays under division (C)(1) of this section. If
a fee is charged under this division, the preschool program shall
notify the applicant at the time of the applicant's initial
application for employment of the amount of the fee and that, unless
the fee is paid, the applicant will not be considered for employment.

(D)
The report of any criminal records check conducted by the bureau of
criminal identification and investigation in accordance with section
109.572 of the Revised Code and pursuant to a request under division
(A)(1) of this section is not a public record for the purposes of
section 149.43 of the Revised Code and shall not be made available to
any person other than the applicant who is the subject of the
criminal records check or the applicant's representative, the
preschool program requesting the criminal records check or its
representative, and any court, hearing officer, or other necessary
individual in a case dealing with the denial of employment to the
applicant.

(E)
The department of
education
and workforce
children
and youth
shall
adopt rules pursuant to Chapter 119. of the Revised Code to implement
this section, including rules specifying circumstances under which a
preschool program may hire a person who has been convicted of an
offense listed in division (B)(1) of this section but who meets
standards in regard to rehabilitation set by the department.

(F)
Any person required by division (A)(1) of this section to request a
criminal records check shall inform each person, at the time of the
person's initial application for employment, that the person is
required to provide a set of impressions of the person's fingerprints
and that a criminal records check is required to be conducted and
satisfactorily completed in accordance with section 109.572 of the
Revised Code if the person comes under final consideration for
appointment or employment as a precondition to employment for that
position.

(G)
As used in this section:

(1)
"Applicant" means a person who is under final consideration
for appointment or employment in a position with a preschool program
as a person responsible for the care, custody, or control of a child,
except that "applicant" does not include a person already
employed by a board of education, community school, or chartered
nonpublic school in a position of care, custody, or control of a
child who is under consideration for a different position with such
board or school.

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

(3)
"Minor drug possession offense" has the same meaning as in
section 2925.01 of the Revised Code.

(H)
If the board of education of a local school district adopts a
resolution requesting the assistance of the educational service
center in which the local district has territory in conducting
criminal records checks of substitute teachers under this section,
the appointing or hiring officer of such educational service center
governing board shall serve for purposes of this section as the
appointing or hiring officer of the local board in the case of hiring
substitute teachers for employment in the local district.

Sec.
3301.57.
(A)
For the purpose of improving programs, facilities, and implementation
of the standards promulgated under section 3301.53 of the Revised
Code,
the
department of education and workforce and
the
department of children and youth shall provide consultation and
technical assistance to school districts, county boards of
developmental disabilities, community schools, authorized private
before and after school care programs, and eligible nonpublic schools
operating preschool programs or school child programs, and in-service
training to preschool staff members, school child program staff
members, and nonteaching employees.

(B)
The department of education

and
workforce
,
the department of children and youth, and the school district board
of education, county board of developmental disabilities, community
school, or eligible nonpublic school shall jointly monitor each
preschool program and each school child program.

If
the program receives any grant or other funding from the state or
federal government, the department of education

and
workforce
and
the department of children and youth annually shall monitor all
reports on attendance, financial support, and expenditures according
to provisions for use of the funds.

(C)
The
department
of education and workforce and the
department
of children and youth, at least once during every twelve-month period
of operation of a preschool program or a licensed school child
program, shall inspect the program and provide a written inspection
report to the superintendent of the school district, county board of
developmental disabilities, community school, or eligible nonpublic
school. The
departments

department

may
inspect any program more than once, as considered necessary by the

departments
department
,
during any twelve-month period of operation. All inspections may be
unannounced. No person shall interfere with any inspection conducted
pursuant to this division or to the rules adopted pursuant to
sections 3301.52 to 3301.59 of the Revised Code.

Upon
receipt of any complaint that a preschool program or a licensed
school child program is out of compliance with the requirements in
sections 3301.52 to 3301.59 of the Revised Code or the rules adopted
under those sections, the department of children and youth shall
investigate and may inspect the program. If the complaint is related
to a teacher, the department shall coordinate with the
department

state
board
of
education to investigate and take action on a teacher's license.

(D)
If a preschool program or a licensed school child program is
determined to be out of compliance with the requirements of sections
3301.52 to 3301.59 of the Revised Code or the rules adopted under
those sections, the department of children and youth shall notify the
appropriate superintendent, county board of developmental
disabilities, community school, authorized private before and after
school care program, or eligible nonpublic school in writing
regarding the nature of the violation, what must be done to correct
the violation, and by what date the correction must be made. If the
correction is not made by the date established by the department, it
may commence action under Chapter 119. of the Revised Code to close
the program or to revoke the license of the program. If a program
does not comply with an order to cease operation issued in accordance
with Chapter 119. of the Revised Code, the department shall notify
the attorney general, the prosecuting attorney of the county in which
the program is located, or the city attorney, village solicitor, or
other chief legal officer of the municipal corporation in which the
program is located that the program is operating in violation of
sections 3301.52 to 3301.59 of the Revised Code or the rules adopted
under those sections and in violation of an order to cease operation
issued in accordance with Chapter 119. of the Revised Code. Upon
receipt of the notification, the attorney general, prosecuting
attorney, city attorney, village solicitor, or other chief legal
officer shall file a complaint in the court of common pleas of the
county in which the program is located requesting the court to issue
an order enjoining the program from operating. The court shall grant
the requested injunctive relief upon a showing that the program named
in the complaint is operating in violation of sections 3301.52 to
3301.59 of the Revised Code or the rules adopted under those sections
and in violation of an order to cease operation issued in accordance
with Chapter 119. of the Revised Code.

(E)
The
department
of education and workforce and
department
of children and youth shall prepare an annual report on inspections
conducted under this section. The report shall include the number of
inspections conducted, the number and types of violations found, and
the steps taken to address the violations. The
departments

department

shall
file the report with the governor, the president and minority leader
of the senate, and the speaker and minority leader of the house of
representatives on or before the first day of January of each year.

Sec.
3301.82.
The
department of education and workforce shall begin conducting its
duties under this section one year after the effective date of this
section.

(A)
The department of education and workforce annually shall collect
employment and vacancy data for each city, local, exempted village,
and joint vocational school district, community school established
under Chapter 3314. of the Revised Code, and STEM school established
under Chapter 3326. of the Revised Code for all of the following:

(1)
Teachers;

(2)
Related services providers and other providers of specialized
services;

(3)
Principals and assistant principals;

(4)
Paraprofessionals;

(5)
Bus drivers;

(6)
Any other positions as determined by the department.

(B)
The department shall report the number of vacant positions aggregated
by the following:

(1)
Type of position;

(2)
Subject area;

(3)
Geographic area, including rural and urban areas;

(4)
The number of educator positions filled by long-term substitute
teachers, unlicensed individuals, or educators with emergency
credentials disaggregated by school, grade level, and endorsement;

(5)
The reasons why a position was vacant, which may include the
following reasons:

(a)
Retirement;

(b)
New position;

(c)
Repeated poor teacher evaluations;

(d)
Position is no longer necessary;

(e)
Reduction in force.

(6)
Methods used to fill vacant positions, which shall include the
following:

(a)
Hiring of short- and long-term substitutes;

(b)
Hiring retired educators;

(c)
Hiring educators from alternative licensure program candidates;

(d)
Contracting with an educational service center or other entity;

(e)
Hiring personnel with emergency credentials or who are unlicensed;

(f)
Other methods identified by the department.

(7)
Positions that remain unfilled.

(C)
The department also annually shall collect and report the following
statewide data on educators:

(1)
Educator preparation program enrollment and completion data annually,
disaggregated by endorsement area and grade level;

(2)
The number of new educator licenses issued by the state board of
education annually, disaggregated by licensure pathway and including
those issued through reciprocity with another state;

(3)
Educator retention at one-year, three-year, five-year, and ten-year
rates;

(4)
Educator demographic data aggregated at the district and state level.

(D)
The department shall annually publish and summarize data collected
under this section on its publicly accessible web site. To the extent
possible, the department shall report the data at the state,
district, and school level.

Sec.
3302.03.
Not
later than the thirty-first day of July of each year, the department
of education and workforce shall submit preliminary report card data
for overall academic performance and for each separate performance
measure for each school district, and each school building, in
accordance with this section.

Annually,
not later than the fifteenth day of September or the preceding Friday
when that day falls on a Saturday or Sunday, the department shall
assign a letter grade or performance rating for overall academic
performance and for each separate performance measure for each school
district, and each school building in a district, in accordance with
this section. The department shall adopt rules pursuant to Chapter
119. of the Revised Code to implement this section. The department's
rules shall establish performance criteria for each letter grade or
performance rating and prescribe a method by which the department
assigns each letter grade or performance rating. For a school
building to which any of the performance measures do not apply, due
to grade levels served by the building, the department shall
designate the performance measures that are applicable to the
building and that must be calculated separately and used to calculate
the building's overall grade or performance rating. The department
shall issue annual report cards reflecting the performance of each
school district, each building within each district, and for the
state as a whole using the performance measures and letter grade or
performance rating system described in this section. The department
shall include on the report card for each district and each building
within each district the most recent two-year trend data in student
achievement for each subject and each grade.

(A)(1)
For the 2012-2013 school year, the department shall issue grades as
described in division (F) of this section for each of the following
performance measures:

(a)
Annual measurable objectives;

(b)
Performance index score for a school district or building. Grades
shall be awarded as a percentage of the total possible points on the
performance index system as adopted by the department. In adopting
benchmarks for assigning letter grades under division (A)(1)(b) of
this section, the department shall designate ninety per cent or
higher for an "A," at least seventy per cent but not more
than eighty per cent for a "C," and less than fifty per
cent for an "F."

(c)
The extent to which the school district or building meets each of the
applicable performance indicators established by the department under
section 3302.02 of the Revised Code and the percentage of applicable
performance indicators that have been achieved. In adopting
benchmarks for assigning letter grades under division (A)(1)(c) of
this section, the department shall designate ninety per cent or
higher for an "A."

(d)
The four- and five-year adjusted cohort graduation rates.

In
adopting benchmarks for assigning letter grades under division
(A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the department
shall designate a four-year adjusted cohort graduation rate of
ninety-three per cent or higher for an "A" and a five-year
cohort graduation rate of ninety-five per cent or higher for an "A."

(e)
The overall score under the value-added progress dimension of a
school district or building, for which the department shall use up to
three years of value-added data as available. The letter grade
assigned for this growth measure shall be as follows:

(i)
A score that is at least one standard error of measure above the mean
score shall be designated as an "A."

(ii)
A score that is less than one standard error of measure above but
greater than one standard error of measure below the mean score shall
be designated as a "B."

(iii)
A score that is less than or equal to one standard error of measure
below the mean score but greater than two standard errors of measure
below the mean score shall be designated as a "C."

(iv)
A score that is less than or equal to two standard errors of measure
below the mean score but is greater than three standard errors of
measure below the mean score shall be designated as a "D."

(v)
A score that is less than or equal to three standard errors of
measure below the mean score shall be designated as an "F."

Whenever
the value-added progress dimension is used as a graded performance
measure in this division and divisions (B) and (C) of this section,
whether as an overall measure or as a measure of separate subgroups,
the grades for the measure shall be calculated in the same manner as
prescribed in division (A)(1)(e) of this section.

(f)
The value-added progress dimension score for a school district or
building disaggregated for each of the following subgroups: students
identified as gifted, students with disabilities, and students whose
performance places them in the lowest quintile for achievement on a
statewide basis. Each subgroup shall be a separate graded measure.

(2)
The department shall adopt a resolution describing the performance
measures, benchmarks, and grading system for the 2012-2013 school
year and shall adopt rules in accordance with Chapter 119. of the
Revised Code that prescribe the methods by which the performance
measures under division (A)(1) of this section shall be assessed and
assigned a letter grade, including performance benchmarks for each
letter grade.

At
least forty-five days prior to the department's adoption of rules to
prescribe the methods by which the performance measures under
division (A)(1) of this section shall be assessed and assigned a
letter grade, the department shall conduct a public presentation
before the standing committees of the house of representatives and
the senate that consider education legislation describing such
methods, including performance benchmarks.

(3)
There shall not be an overall letter grade for a school district or
building for the 2012-2013 school year.

(B)(1)
For the 2013-2014 school year, the department shall issue grades as
described in division (F) of this section for each of the following
performance measures:

(a)
Annual measurable objectives;

(b)
Performance index score for a school district or building. Grades
shall be awarded as a percentage of the total possible points on the
performance index system as created by the department. In adopting
benchmarks for assigning letter grades under division (B)(1)(b) of
this section, the department shall designate ninety per cent or
higher for an "A," at least seventy per cent but not more
than eighty per cent for a "C," and less than fifty per
cent for an "F."

(c)
The extent to which the school district or building meets each of the
applicable performance indicators established by the department under
section 3302.03 of the Revised Code and the percentage of applicable
performance indicators that have been achieved. In adopting
benchmarks for assigning letter grades under division (B)(1)(c) of
this section, the department shall designate ninety per cent or
higher for an "A."

(d)
The four- and five-year adjusted cohort graduation rates;

(e)
The overall score under the value-added progress dimension of a
school district or building, for which the department shall use up to
three years of value-added data as available.

(f)
The value-added progress dimension score for a school district or
building disaggregated for each of the following subgroups: students
identified as gifted in superior cognitive ability and specific
academic ability fields under Chapter 3324. of the Revised Code,
students with disabilities, and students whose performance places
them in the lowest quintile for achievement on a statewide basis.
Each subgroup shall be a separate graded measure.

(g)
Whether a school district or building is making progress in improving
literacy in grades kindergarten through three, as determined using a
method prescribed by the department. The department shall adopt rules
to prescribe benchmarks and standards for assigning grades to
districts and buildings for purposes of division (B)(1)(g) of this
section. In adopting benchmarks for assigning letter grades under
divisions (B)(1)(g) and (C)(1)(g) of this section, the department
shall determine progress made based on the reduction in the total
percentage of students scoring below grade level, or below
proficient, compared from year to year on the reading
and
writing
diagnostic
assessments administered under section 3301.0715 of the Revised Code
and the third grade English language arts assessment under section
3301.0710 of the Revised Code, as applicable. The department shall
designate for a "C" grade a value that is not lower than
the statewide average value for this measure. No grade shall be
issued under divisions (B)(1)(g) and (C)(1)(g) of this section for a
district or building in which less than five per cent of students
have scored below grade level on the diagnostic assessment
administered to students in kindergarten under division (B)(1) of
section 3313.608 of the Revised Code.

(h)
For a high mobility school district or building, an additional
value-added progress dimension score. For this measure, the
department shall use value-added data from the most recent school
year available and shall use assessment scores for only those
students to whom the district or building has administered the
assessments prescribed by section 3301.0710 of the Revised Code for
each of the two most recent consecutive school years.

As
used in this division, "high mobility school district or
building" means a school district or building where at least
twenty-five per cent of its total enrollment is made up of students
who have attended that school district or building for less than one
year.

(2)
In addition to the graded measures in division (B)(1) of this
section, the department shall include on a school district's or
building's report card all of the following without an assigned
letter grade:

(a)
The percentage of students enrolled in a district or building
participating in advanced placement classes and the percentage of
those students who received a score of three or better on advanced
placement examinations;

(b)
The number of a district's or building's students who have earned at
least three college credits through dual enrollment or advanced
standing programs, such as the post-secondary enrollment options
program under Chapter 3365. of the Revised Code and state-approved
career-technical courses offered through dual enrollment or statewide
articulation, that appear on a student's transcript or other official
document, either of which is issued by the institution of higher
education from which the student earned the college credit. The
credits earned that are reported under divisions (B)(2)(b) and
(C)(2)(c) of this section shall not include any that are remedial or
developmental and shall include those that count toward the
curriculum requirements established for completion of a degree.

(c)
The percentage of students enrolled in a district or building who
have taken a national standardized test used for college admission
determinations and the percentage of those students who are
determined to be remediation-free in accordance with standards
adopted under division (F) of section 3345.061 of the Revised Code;

(d)
The percentage of the district's or the building's students who
receive industry-recognized credentials as approved under section
3313.6113 of the Revised Code.

(e)
The percentage of students enrolled in a district or building who are
participating in an international baccalaureate program and the
percentage of those students who receive a score of four or better on
the international baccalaureate examinations.

(f)
The percentage of the district's or building's students who receive
an honors diploma under division (B) of section 3313.61 of the
Revised Code.

(3)
The department shall adopt rules in accordance with Chapter 119. of
the Revised Code that prescribe the methods by which the performance
measures under divisions (B)(1)(f) and (B)(1)(g) of this section will
be assessed and assigned a letter grade, including performance
benchmarks for each grade.

At
least forty-five days prior to the department's adoption of rules to
prescribe the methods by which the performance measures under
division (B)(1) of this section shall be assessed and assigned a
letter grade, the department shall conduct a public presentation
before the standing committees of the house of representatives and
the senate that consider education legislation describing such
methods, including performance benchmarks.

(4)
There shall not be an overall letter grade for a school district or
building for the 2013-2014, 2014-2015, 2015-2016, and 2016-2017
school years.

(C)(1)
For the 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019,
2019-2020, and 2020-2021 school years, the department shall issue
grades as described in division (F) of this section for each of the
performance measures prescribed in division (C)(1) of this section.
The graded measures are as follows:

(a)
Annual measurable objectives. For the 2017-2018 school year, the
department shall not include any subgroup data in the annual
measurable objectives that includes data from fewer than twenty-five
students. For the 2018-2019 school year, the department shall not
include any subgroup data in the annual measurable objectives that
includes data from fewer than twenty students. Beginning with the
2019-2020 school year, the department shall not include any subgroup
data in the annual measurable objectives that includes data from
fewer than fifteen students.

(b)
Performance index score for a school district or building. Grades
shall be awarded as a percentage of the total possible points on the
performance index system as created by the department. In adopting
benchmarks for assigning letter grades under division (C)(1)(b) of
this section, the department shall designate ninety per cent or
higher for an "A," at least seventy per cent but not more
than eighty per cent for a "C," and less than fifty per
cent for an "F."

(c)
The extent to which the school district or building meets each of the
applicable performance indicators established by the department under
section 3302.03 of the Revised Code and the percentage of applicable
performance indicators that have been achieved. In adopting
benchmarks for assigning letter grades under division (C)(1)(c) of
this section, the department shall designate ninety per cent or
higher for an "A."

(d)
The four- and five-year adjusted cohort graduation rates;

(e)
The overall score under the value-added progress dimension, or
another measure of student academic progress if adopted by the
department, of a school district or building, for which the
department shall use up to three years of value-added data as
available.

In
adopting benchmarks for assigning letter grades for overall score on
value-added progress dimension under division (C)(1)(e) of this
section, the department shall prohibit the assigning of a grade of
"A" for that measure unless the district's or building's
grade assigned for value-added progress dimension for all subgroups
under division (C)(1)(f) of this section is a "C" or
higher.

For
the metric prescribed by division (C)(1)(e) of this section, the
department may adopt a student academic progress measure to be used
instead of the value-added progress dimension. If the department
adopts such a measure, it also shall prescribe a method for assigning
letter grades for the new measure that is comparable to the method
prescribed in division (A)(1)(e) of this section.

(f)
The value-added progress dimension score of a school district or
building disaggregated for each of the following subgroups: students
identified as gifted in superior cognitive ability and specific
academic ability fields under Chapter 3324. of the Revised Code,
students with disabilities, and students whose performance places
them in the lowest quintile for achievement on a statewide basis, as
determined by a method prescribed by the department. Each subgroup
shall be a separate graded measure.

The
department may adopt student academic progress measures to be used
instead of the value-added progress dimension. If the department
adopts such measures, it also shall prescribe a method for assigning
letter grades for the new measures that is comparable to the method
prescribed in division (A)(1)(e) of this section.

(g)
Whether a school district or building is making progress in improving
literacy in grades kindergarten through three, as determined using a
method prescribed by the department. The department shall adopt rules
to prescribe benchmarks and standards for assigning grades to a
district or building for purposes of division (C)(1)(g) of this
section. The department shall designate for a "C" grade a
value that is not lower than the statewide average value for this
measure. No grade shall be issued under division (C)(1)(g) of this
section for a district or building in which less than five per cent
of students have scored below grade level on the kindergarten
diagnostic assessment under division (B)(1) of section 3313.608 of
the Revised Code.

(h)
For a high mobility school district or building, an additional
value-added progress dimension score. For this measure, the
department shall use value-added data from the most recent school
year available and shall use assessment scores for only those
students to whom the district or building has administered the
assessments prescribed by section 3301.0710 of the Revised Code for
each of the two most recent consecutive school years.

As
used in this division, "high mobility school district or
building" means a school district or building where at least
twenty-five per cent of its total enrollment is made up of students
who have attended that school district or building for less than one
year.

(2)
In addition to the graded measures in division (C)(1) of this
section, the department shall include on a school district's or
building's report card all of the following without an assigned
letter grade:

(a)
The percentage of students enrolled in a district or building who
have taken a national standardized test used for college admission
determinations and the percentage of those students who are
determined to be remediation-free in accordance with the standards
adopted under division (F) of section 3345.061 of the Revised Code;

(b)
The percentage of students enrolled in a district or building
participating in advanced placement classes and the percentage of
those students who received a score of three or better on advanced
placement examinations;

(c)
The percentage of a district's or building's students who have earned
at least three college credits through advanced standing programs,
such as the college credit plus program under Chapter 3365. of the
Revised Code and state-approved career-technical courses offered
through dual enrollment or statewide articulation, that appear on a
student's college transcript issued by the institution of higher
education from which the student earned the college credit. The
credits earned that are reported under divisions (B)(2)(b) and
(C)(2)(c) of this section shall not include any that are remedial or
developmental and shall include those that count toward the
curriculum requirements established for completion of a degree.

(d)
The percentage of the district's or building's students who receive
an honor's diploma under division (B) of section 3313.61 of the
Revised Code;

(e)
The percentage of the district's or building's students who receive
industry-recognized credentials as approved under section 3313.6113
of the Revised Code;

(f)
The percentage of students enrolled in a district or building who are
participating in an international baccalaureate program and the
percentage of those students who receive a score of four or better on
the international baccalaureate examinations;

(g)
The results of the college and career-ready assessments administered
under division (B)(1) of section 3301.0712 of the Revised Code;

(h)
Whether the school district or building has implemented a positive
behavior intervention and supports framework in compliance with the
requirements of section 3319.46 of the Revised Code, notated as a
"yes" or "no" answer.

(3)
The department shall adopt rules pursuant to Chapter 119. of the
Revised Code that establish a method to assign an overall grade for a
school district or school building for the 2017-2018 school year and
each school year thereafter. The rules shall group the performance
measures in divisions (C)(1) and (2) of this section into the
following components:

(a)
Gap closing, which shall include the performance measure in division
(C)(1)(a) of this section;

(b)
Achievement, which shall include the performance measures in
divisions (C)(1)(b) and (c) of this section;

(c)
Progress, which shall include the performance measures in divisions
(C)(1)(e) and (f) of this section;

(d)
Graduation, which shall include the performance measure in division
(C)(1)(d) of this section;

(e)
Kindergarten through third-grade literacy, which shall include the
performance measure in division (C)(1)(g) of this section;

(f)
Prepared for success, which shall include the performance measures in
divisions (C)(2)(a), (b), (c), (d), (e), and (f) of this section. The
department shall develop a method to determine a grade for the
component in division (C)(3)(f) of this section using the performance
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of this
section. When available, the department may incorporate the
performance measure under division (C)(2)(g) of this section into the
component under division (C)(3)(f) of this section. When determining
the overall grade for the prepared for success component prescribed
by division (C)(3)(f) of this section, no individual student shall be
counted in more than one performance measure. However, if a student
qualifies for more than one performance measure in the component, the
department may, in its method to determine a grade for the component,
specify an additional weight for such a student that is not greater
than or equal to 1.0. In determining the overall score under division
(C)(3)(f) of this section, the department shall ensure that the pool
of students included in the performance measures aggregated under
that division are all of the students included in the four- and
five-year adjusted graduation cohort.

In
the rules adopted under division (C)(3) of this section, the
department shall adopt a method for determining a grade for each
component in divisions (C)(3)(a) to (f) of this section. The
department also shall establish a method to assign an overall grade
of "A," "B," "C," "D," or "F"
using the grades assigned for each component. The method the
department adopts for assigning an overall grade shall give equal
weight to the components in divisions (C)(3)(b) and (c) of this
section.

At
least forty-five days prior to the department's adoption of rules to
prescribe the methods for calculating the overall grade for the
report card, as required by this division, the department shall
conduct a public presentation before the standing committees of the
house of representatives and the senate that consider education
legislation describing the format for the report card, weights that
will be assigned to the components of the overall grade, and the
method for calculating the overall grade.

(D)
For the 2021-2022 school year and each school year thereafter, all of
the following apply:

(1)
The department shall include on a school district's or building's
report card all of the following performance measures without an
assigned performance rating:

(a)
Whether the district or building meets the gifted performance
indicator under division (A)(2) of section 3302.02 of the Revised
Code and the extent to which the district or building meets gifted
indicator performance benchmarks;

(b)
The extent to which the district or building meets the chronic
absenteeism indicator under division (A)(3) of section 3302.02 of the
Revised Code;

(c)
Performance index score percentage for a district or building, which
shall be calculated by dividing the district's or building's
performance index score according to the performance index system
created by the department by the maximum performance index score for
a district or building. The maximum performance index score shall be
as follows:

(i)
For a building, the average of the highest two per cent of
performance index scores achieved by a building for the school year
for which a report card is issued;

(ii)
For a district, the average of the highest two per cent of
performance index scores achieved by a district for the school year
for which a report card is issued.

(d)
The overall score under the value-added progress dimension of a
district or building, for which the department shall use three
consecutive years of value-added data. In using three years of
value-added data to calculate the measure prescribed under division
(D)(1)(d) of this section, the department shall assign a weight of
fifty per cent to the most recent year's data and a weight of
twenty-five per cent to the data of each of the other years. However,
if three consecutive years of value-added data is not available, the
department shall use prior years of value-added data to calculate the
measure, as follows:

(i)
If two consecutive years of value-added data is not available, the
department shall use one year of value-added data to calculate the
measure.

(ii)
If two consecutive years of value-added data is available, the
department shall use two consecutive years of value-added data to
calculate the measure. In using two years of value-added data to
calculate the measure, the department shall assign a weight of
sixty-seven per cent to the most recent year's data and a weight of
thirty-three per cent to the data of the other year.

(e)
The four-year adjusted cohort graduation rate.

(f)
The five-year adjusted cohort graduation rate.

(g)
The percentage of students in the district or building who score
proficient or higher on the reading segment of the third grade
English language arts assessment under section 3301.0710 of the
Revised Code.

To
the extent possible, the department shall include the results of the
summer administration of the third grade reading assessment under
section 3301.0710 of the Revised Code in the performance measures
prescribed under divisions (D)(1)(g) and (h) of this section.

(h)
Whether a district or building is making progress in improving
literacy in grades kindergarten through three, as determined using a
method prescribed by the department. The method shall determine
progress made based on the reduction in the total percentage of
students scoring below grade level, or below proficient, compared
from year to year on the reading segments of the diagnostic
assessments administered under

division
(A)(1) of

section 3301.0715 of the Revised Code
,
including the kindergarten readiness assessment,

and the third grade English language arts assessment under section
3301.0710 of the Revised Code, as applicable. The method shall not
include a deduction for students who did not pass the third grade
English language arts assessment under section 3301.0710 of the
Revised Code and were not on a reading improvement and monitoring
plan.

The
performance measure prescribed under division (D)(1)(h) of this
section shall not be included on the report card of a district or
building in which less than ten per cent of students have scored
below grade level on the diagnostic assessment administered to
students in kindergarten under division (B)(1) of section 3313.608 of
the Revised Code.

(i)
The percentage of students in a district or building who are promoted
to the fourth grade
and
not subject to retention under division (A)(2) of section 3313.608 of
the Revised Code
based
on the student's score on the third grade English language arts
assessment under division (A)(3) of section 3301.0710 of the Revised
Code or demonstrate competency on an alternative assessment under
division (A)(2)(c) of section 3313.608 of the Revised Code
;

(j)
A post-secondary readiness measure. This measure shall be calculated
by dividing the number of students included in the four-year adjusted
graduation rate cohort who demonstrate post-secondary readiness by
the total number of students included in the denominator of the
four-year adjusted graduation rate cohort. Demonstration of
post-secondary readiness shall include a student doing any of the
following:

(i)
Attaining a remediation-free score, in accordance with standards
adopted under division (F) of section 3345.061 of the Revised Code,
on a nationally standardized assessment prescribed under division
(B)(1) of section 3301.0712 of the Revised Code;

(ii)
Attaining required scores on three or more advanced placement
,
college-level examination program,

or international baccalaureate examinations. The required score for
an advanced placement examination shall be a three or better.
The
required score for a college-level examination program examination
shall be a passing score, as determined by the department.
The
required score for an international baccalaureate examination shall
be a four or better. A student may satisfy this condition with any
combination of advanced placement
,
college-level examination program,

or international baccalaureate examinations.

(iii)
Earning at least twelve college credits through advanced standing
programs, such as the college credit plus program under Chapter 3365.
of the Revised Code, an early college high school program under
section 3313.6013 of the Revised Code, and state-approved
career-technical courses offered through dual enrollment or statewide
articulation, that appear on a student's college transcript issued by
the institution of higher education from which the student earned the
college credit. Earned credits reported under division (D)(1)(j)(iii)
of this section shall include credits that count toward the
curriculum requirements established for completion of a degree, but
shall not include any remedial or developmental credits.

(iv)
Meeting the additional criteria for an honors diploma under division
(B) of section 3313.61 of the Revised Code;

(v)
Earning an industry-recognized credential or license issued by a
state agency or board for practice in a vocation that requires an
examination for issuance of that license approved under section
3313.6113 of the Revised Code;

(vi)
Satisfying any of the following conditions:

(I)
Completing a pre-apprenticeship aligned with options established
under section 3313.904 of the Revised Code in the student's chosen
career field;

(II)
Completing an apprenticeship registered with the apprenticeship
council established under section 4139.02 of the Revised Code in the
student's chosen career field;

(III)
Providing evidence of acceptance into an apprenticeship program after
high school that is restricted to participants eighteen years of age
or older.

(vii)
Earning a cumulative score of proficient or higher on three or more
state technical assessments aligned with section 3313.903 of the
Revised Code in a single career pathway;

(viii)
Earning an OhioMeansJobs-readiness seal established under section
3313.6112 of the Revised Code and completing two hundred fifty hours
of an internship or other work-based learning experience that is
either:

(I)
Approved by the business advisory council established under section
3313.82 of the Revised Code that represents the student's district;
or

(II)
Aligned to the career-technical education pathway approved by the
department in which the student is enrolled.

(ix)
Providing evidence that the student has enlisted in a branch of the
armed services of the United States as defined in section 5910.01 of
the Revised Code.

A
student who satisfies more than one of the conditions prescribed
under this division shall be counted as one student for the purposes
of calculating the measure prescribed under division (D)(1)(j) of
this section.

(2)
In addition to the performance measures under division (D)(1) of this
section, the department shall report on a district's or building's
report card all of the following data without an assigned performance
rating:

(a)
The applicable performance indicators established by the department
under division (A)(1) of section 3302.02 of the Revised Code;

(b)
The overall score under the value-added progress dimension of a
district or building for the most recent school year;

(c)
A composite of the overall scores under the value-added progress
dimension of a district or building for the previous three school
years or, if only two years of value-added data are available, for
the previous two years;

(d)
The percentage of students included in the four- and five-year
adjusted cohort graduation rates of a district or building who did
not receive a high school diploma under section 3313.61 or 3325.08 of
the Revised Code. To the extent possible, the department shall
disaggregate that data according to the following categories:

(i)
Students who are still enrolled in the district or building and
receiving general education services;

(ii)
Students with an individualized education program, as defined in
section 3323.01 of the Revised Code, who satisfied the conditions for
a high school diploma under section 3313.61 or 3325.08 of the Revised
Code, but opted not to receive a diploma and are still receiving
education services;

(iii)
Students with an individualized education program who have not yet
satisfied conditions for a high school diploma under section 3313.61
or 3325.08 of the Revised Code and who are still receiving education
services;

(iv)
Students who are no longer enrolled in any district or building;

(v)
Students who, upon enrollment in the district or building for the
first time, had completed fewer units of high school instruction
required under section 3313.603 of the Revised Code than other
students in the four- or five-year adjusted cohort graduation rate.

The
department may disaggregate the data prescribed under division
(D)(2)(d) of this section according to other categories that the
department determines are appropriate.

(e)

The
results of the kindergarten diagnostic assessment prescribed under
division (D) of section 3301.079 of the Revised Code;

(f)

Post-graduate outcomes for students who were enrolled in a district
or building and received a high school diploma under section 3313.61
or 3325.08 of the Revised Code in the school year prior to the school
year for which the report card is issued, including the percentage of
students who:

(i)
Enrolled in a post-secondary educational institution. To the extent
possible, the department shall disaggregate that data according to
whether the student enrolled in a four-year institution of higher
education, a two-year institution of higher education, an Ohio
technical center that provides adult technical education services and
is recognized by the chancellor of higher education, or another type
of post-secondary educational institution.

(ii)
Entered an apprenticeship program registered with the apprenticeship
council established under Chapter 4139. of the Revised Code. The
department may include other job training programs with similar rigor
and outcomes.

(iii)
Attained gainful employment, as determined by the department;

(iv)
Enlisted in a branch of the armed forces of the United States, as
defined in section 5910.01 of the Revised Code.

(g)
(f)

Whether the school district or building has implemented a positive
behavior intervention and supports framework in compliance with the
requirements of section 3319.46 of the Revised Code, notated with a
"yes" or "no";

(h)
(g)

The number and percentage of high school seniors in each school year
who completed the free application for federal student aid;

(i)
(h)

Beginning with the report card issued under this section for the
2022-2023 school year, a student opportunity profile measure that
reports data regarding the opportunities provided to students by a
district or building. To the extent possible, and when appropriate,
the data shall be disaggregated by grade level and subgroup. The
measure also shall include data regarding the statewide average, the
average for similar school districts, and, for a building, the
average for the district in which the building is located. The
measure shall include all of the following data for the district or
building:

(i)
The average ratio of teachers of record to students in each grade
level in a district or building;

(ii)
The average ratio of school counselors to students in a district or
building;

(iii)
The average ratio of nurses to students in a district or building;

(iv)
The average ratio of licensed librarians and library media
specialists to students in a district or building;

(v)
The average ratio of social workers to students in a district or
building;

(vi)
The average ratio of mental health professionals to students in a
district or building;

(vii)
The average ratio of paraprofessionals to students in a district or
building;

(viii)
The percentage of teachers with fewer than three years of experience
teaching in any school;

(ix)
The percentage of principals with fewer than three years of
experience as a principal in any school;

(x)
The percentage of teachers who are not teaching in the subject or
field for which they are certified or licensed;

(xi)
The percentage of kindergarten students who are enrolled in all-day
kindergarten, as defined in section 3321.05 of the Revised Code;

(xii)
The percentage of students enrolled in a performing or visual arts
course;

(xiii)
The percentage of students enrolled in a physical education or
wellness course;

(xiv)
The percentage of students enrolled in a world language course;

(xv)
The percentage of students in grades seven through twelve who are
enrolled in a career-technical education course;

(xvi)
The percentage of students participating in one or more cocurricular
activities;

(xvii)
The percentage of students participating in advance placement
courses, international baccalaureate courses, honors courses, or
courses offered through the college credit plus program established
under Chapter 3365. of the Revised Code;

(xviii)
The percentage of students identified as gifted in superior cognitive
ability and specific academic ability fields under Chapter 3324. of
the Revised Code and receiving gifted services pursuant to that
chapter;

(xix)
The percentage of students participating in enrichment or support
programs offered by the district or building outside of the normal
school day;

(xx)
The percentage of eligible students participating each school day in
school breakfast programs offered by the district or building in
accordance with section 3313.813 or 3313.818 of the Revised Code;

(xxi)
The percentage of students who are transported by a school bus each
school day;

(xxii)
The ratio of portable technology devices that students may take home
to the number of students.

The
department shall include only opportunity measures at the building
level for which data for buildings is available, as determined by a
school district.

(j)(i)
(i)(i)

The percentage of students included in the four- and five-year
adjusted cohort graduation rates of the district or building who
completed all of grades nine through twelve while enrolled in the
district or building;

(ii)
The four-year adjusted cohort graduation rate for only those students
who were continuously enrolled in the same district or building for
grades nine through twelve.

(k)
(j)

Whether the district or building provides information about and
promotes the college credit plus program established under Chapter
3365. of the Revised Code to students in accordance with section
3365.04 of the Revised Code, notated with a "yes" or "no";

(l)
(k)

The percentage of students in the district or building to whom both
of the following apply:

(i)
The students are promoted to fourth grade and not subject to
retention under division (A)(2) of section 3313.608 of the Revised
Code.

(ii)
The students completed all of the grade levels offered prior to the
fourth grade in the district or building.

(3)
Except as provided in division (D)(3)(f) of this section, the
department shall use the method prescribed under rules adopted under
division (D)(4) of this section to assign performance ratings of "one
star," "two stars," "three stars," "four
stars," or "five stars," as described in division (F)
of this section, for a district or building for the individual
components prescribed under division (D)(3) of this section. The
department also shall assign an overall performance rating for a
district or building in accordance with division (D)(3)(g) of this
section. The method shall use the performance measures prescribed
under division (D)(1) of this section to calculate performance
ratings for components. The method may report data under division
(D)(2) of this section with corresponding components, but shall not
use the data to calculate performance ratings for that component. The
performance measures and reported data shall be grouped together into
components as follows:

(a)
Gap closing. In addition to other criteria determined appropriate by
the department, performance ratings for the gap closing component
shall reflect whether each of the following performance measures are
met or not met:

(i)
The gifted performance indicator as described in division (D)(1)(a)
of this section;

(ii)
The chronic absenteeism indicator as described in division (D)(1)(b)
of this section;

(iii)
For English learners, an English language proficiency improvement
indicator established by the department;

(iv)
The subgroup graduation targets;

(v)
The subgroup achievement targets in both mathematics and English
language arts;

(vi)
The subgroup progress targets in both mathematics and English
language arts.

Achievement
and progress targets under division (D)(3)(a) of this section shall
be calculated individually, and districts and buildings shall receive
a status of met or not met on each measure. The department shall not
require a subgroup of a district or building to meet both the
achievement and progress targets at the same time to receive a status
of met.

The
department shall not include any subgroup data in this measure that
includes data from fewer than fifteen students. Any penalty for
failing to meet the required assessment participation rate must be
partially in proportion to how close the district or building was to
meeting the rate requirement.

(b)
Achievement, which shall include the performance measure in division
(D)(1)(c) of this section and the reported data in division (D)(2)(a)
of this section. Performance ratings for the achievement component
shall be awarded as a percentage of the maximum performance index
score described in division (D)(1)(c) of this section.

(c)
Progress, which shall include the performance measure in division
(D)(1)(d) of this section and the reported data in divisions
(D)(2)(b) and (c) of this section;

(d)
Graduation, which shall include the performance measures in divisions
(D)(1)(e) and (f) of this section and the reported data in divisions
(D)(2)(d) and (j) of this section. The four-year adjusted cohort
graduation rate shall be assigned a weight of sixty per cent and the
five-year adjusted cohort graduation rate shall be assigned a weight
of forty per cent
;
.

(e)
Early literacy, which shall include the performance measures in
divisions (D)(1)(g), (h), and (i) of this section and the reported
data in
divisions
(D)(2)(e) and (l)
division
(D)(2)(k)

of this section.

If
the measure prescribed under division (D)(1)(h) of this section is
included in a report card, performance ratings for the early literacy
component shall give a weight of forty per cent to the measure
prescribed under division (D)(1)(g) of this section, a weight of
thirty-five per cent to the measure prescribed under division
(D)(1)(i) of this section, and a weight of twenty-five per cent to
the measure prescribed under division (D)(1)(h) of this section.

If
the measure prescribed under division (D)(1)(h) of this section is
not included in a report card of a district or building, performance
ratings for the early literacy component shall give a weight of sixty
per cent to the measure prescribed under division (D)(1)(g) of this
section and a weight of forty per cent to the measure prescribed
under division (D)(1)(i) of this section.

(f)
College, career, workforce, and military readiness, which shall
include the performance measure in division (D)(1)(j) of this section
and the reported data in division
(D)(2)(f)

(D)(2)(e)

of
this section.

For
the 2021-2022, 2022-2023, and 2023-2024 school years, the department
only shall report the data for, and not assign a performance rating
to, the college, career, workforce, and military readiness component.
The reported data shall include the percentage of students who
demonstrate post-secondary readiness using any of the options
described in division (D)(1)(j) of this section.

The
department shall analyze the data included in the performance measure
prescribed in division (D)(1)(j) of this section for the 2021-2022,
2022-2023, and 2023-2024 school years. Using that data, the
department shall develop and propose rules for a method to assign a
performance rating to the college, career, workforce, and military
readiness component based on that measure. The method to assign a
performance rating shall not include a tiered structure or per
student bonuses. The rules shall specify that a district or building
shall not receive lower than a performance rating of three stars for
the component if the district's or building's performance on the
component meets or exceeds a level of improvement set by the
department. Notwithstanding division (D)(4)(b) of this section, more
than half of the total districts and buildings may earn a performance
rating of three stars on this component to account for the districts
and buildings that earned a performance rating of three stars because
they met or exceeded the level of improvement set by the department.

The
department shall submit the rules to the joint committee on agency
rule review. The committee shall conduct at least one public hearing
on the proposed rules and approve or disapprove the rules. If the
committee approves the rules, the department shall adopt the rules in
accordance with Chapter 119. of the Revised Code. If the rules are
adopted, the department shall assign a performance rating to the
college, career, workforce, and military readiness component under
the rules beginning with the 2024-2025 school year, and for each
school year thereafter. If the committee disapproves the rules, the
component shall be included in the report card only as reported data
for the 2024-2025 school year, and each school year thereafter.

(g)(i)
Except as provided for in division (D)(3)(g)(ii) of this section,
beginning with the 2022-2023 school year, under the method prescribed
under rules adopted in division (D)(4) of this section, the
department shall use the performance ratings assigned for the
components prescribed in divisions (D)(3)(a) to (e) of this section
to determine and assign an overall performance rating of "one
star," "one and one-half stars," "two stars,"
"two and one-half stars," "three stars," "three
and one-half stars," "four stars," "four and
one-half stars," or "five stars" for a district or
building. The method shall give equal weight to the components in
divisions (D)(3)(b) and (c) of this section. The method shall give
equal weight to the components in divisions (D)(3)(a), (d), and (e)
of this section. The individual weights of each of the components
prescribed in divisions (D)(3)(a), (d), and (e) of this section shall
be equal to one-half of the weight given to the component prescribed
in division (D)(3)(b) of this section.

(ii)
If the joint committee on agency rule review approves the
department's rules regarding the college, career, workforce, and
military readiness component as described in division (D)(3)(f) of
this section, for the 2024-2025 school year, and each school year
thereafter, the department's method shall use the components in
divisions (D)(3)(a), (b), (c), (d), (e), and (f) of this section to
calculate the overall performance rating. The method shall give equal
weight to the components in divisions (D)(3)(b) and (c) of this
section. The method shall give equal weight to the components
prescribed in divisions (D)(3)(a), (d), (e), and (f) of this section.
The individual weights of each of the components prescribed in
divisions (D)(3)(a), (d), (e), and (f) of this section shall be equal
to one-half the weight given to the component prescribed in division
(D)(3)(b) of this section.

If
the joint committee on agency rule review disapproves the
department's rules regarding the college, career, workforce, and
military readiness component as described in division (D)(3)(f) of
this section, division (D)(3)(g)(ii) of this section does not apply.

(4)(a)
The department shall adopt rules in accordance with Chapter 119. of
the Revised Code to establish the performance criteria, benchmarks,
and rating system necessary to implement divisions (D) and (F) of
this section, including the method for the department to assign
performance ratings under division (D)(3) of this section.

(b)
In establishing the performance criteria, benchmarks, and rating
system, the department shall consult with stakeholder groups and
advocates that represent parents, community members, students,
business leaders, and educators from different school typology
regions. The department shall use data from prior school years and
simulations to ensure that there is meaningful differentiation among
districts and buildings across all performance ratings and that,
except as permitted in division (D)(3)(f) of this section, more than
half of all districts or buildings do not earn the same performance
rating in any component or overall performance rating.

(c)
The department shall adopt the rules prescribed by division (D)(4) of
this section not later than March 31, 2022. However, the department
shall notify districts and buildings of the changes to the report
card prescribed in law not later than one week after September 30,
2021.

(d)
Prior to adopting or updating rules under division (D)(4) of this
section, the director of education and workforce and the department
shall conduct a public presentation before the standing committees of
the house of representatives and the senate that consider primary and
secondary education legislation describing the format for the report
card and the performance criteria, benchmarks, and rating system,
including the method to assign performance ratings under division
(D)(3) of this section.

(E)
The department may develop a measure of student academic progress for
high school students using only data from assessments in English
language arts and mathematics. If the department develops this
measure, each school district and applicable school building shall be
assigned a separate letter grade for it not sooner than the 2017-2018
school year. The district's or building's grade for that measure
shall not be included in determining the district's or building's
overall letter grade.

(F)(1)
The letter grades assigned to a school district or building under
this section shall be as follows:

(a)
"A" for a district or school making excellent progress;

(b)
"B" for a district or school making above average progress;

(c)
"C" for a district or school making average progress;

(d)
"D" for a district or school making below average progress;

(e)
"F" for a district or school failing to meet minimum
progress.

(2)
For the overall performance rating under division (D)(3) of this
section, the department shall include a descriptor for each
performance rating as follows:

(a)
"Significantly exceeds state standards" for a performance
rating of five stars;

(b)
"Exceeds state standards" for a performance rating of four
stars or four and one-half stars;

(c)
"Meets state standards" for a performance rating of three
stars or three and one-half stars;

(d)
"Needs support to meet state standards" for a performance
rating of two stars or two and one-half stars;

(e)
"Needs significant support to meet state standards" for a
performance rating of one star or one and one-half stars.

(3)
For performance ratings for each component under divisions (D)(3)(a)
to (f) of this section, the department shall include a description of
each component and performance rating. The description shall include
component-specific context to each performance rating earned,
estimated comparisons to other school districts and buildings if
appropriate, and any other information determined by the department.
The descriptions shall be not longer than twenty-five words in length
when possible. In addition to such descriptions, the department shall
include the descriptors in division (F)(2) of this section for
component performance ratings.

(4)
Each report card issued under this section shall include all of the
following:

(a)
A graphic that depicts the performance ratings of a district or
school on a color scale. The color associated with a performance
rating of three stars shall be green and the color associated with a
performance rating of one star shall be red.

(b)
An arrow graphic that shows data trends for performance ratings for
school districts or buildings. The department shall determine the
data to be used for this graphic, which shall include at least the
three most recent years of data.

(c)
A description regarding the weights that are assigned to each
component and used to determine an overall performance rating, as
prescribed under division (D)(3)(g) of this section, which shall be
included in the presentation of the overall performance rating on
each report card.

(G)
When reporting data on student achievement and progress, the
department shall disaggregate that data according to the following
categories:

(1)
Performance of students by grade-level;

(2)
Performance of students by race and ethnic group;

(3)
Performance of students by gender;

(4)
Performance of students grouped by those who have been enrolled in a
district or school for three or more years;

(5)
Performance of students grouped by those who have been enrolled in a
district or school for more than one year and less than three years;

(6)
Performance of students grouped by those who have been enrolled in a
district or school for one year or less;

(7)
Performance of students grouped by those who are economically
disadvantaged;

(8)
Performance of students grouped by those who are enrolled in a
conversion community school established under Chapter 3314. of the
Revised Code;

(9)
Performance of students grouped by those who are classified as
English learners;

(10)
Performance of students grouped by those who have disabilities;

(11)
Performance of students grouped by those who are classified as
migrants;

(12)
Performance of students grouped by those who are identified as gifted
in superior cognitive ability and the specific academic ability
fields of reading and math pursuant to Chapter 3324. of the Revised
Code. In disaggregating specific academic ability fields for gifted
students, the department shall use data for those students with
specific academic ability in math and reading. If any other academic
field is assessed, the department shall also include data for
students with specific academic ability in that field as well.

(13)
Performance of students grouped by those who perform in the lowest
quintile for achievement on a statewide basis, as determined by a
method prescribed by the department.

The
department may disaggregate data on student performance according to
other categories that the department determines are appropriate. To
the extent possible, the department shall disaggregate data on
student performance according to any combinations of two or more of
the categories listed in divisions (G)(1) to (13) of this section
that it deems relevant.

In
reporting data pursuant to division (G) of this section, the
department shall not include in the report cards any data statistical
in nature that is statistically unreliable or that could result in
the identification of individual students. For this purpose, the
department shall not report student performance data for any group
identified in division (G) of this section that contains less than
ten students. If the department does not report student performance
data for a group because it contains less than ten students, the
department shall indicate on the report card that is why data was not
reported.

(H)
The department may include with the report cards any additional
education and fiscal performance data it deems valuable.

(I)
The department shall include on each report card a list of additional
information collected by the department that is available regarding
the district or building for which the report card is issued. When
available, such additional information shall include student mobility
data disaggregated by race and socioeconomic status, college
enrollment data, and the reports prepared under section 3302.031 of
the Revised Code.

The
department shall maintain a site on the world wide web. The report
card shall include the address of the site and shall specify that
such additional information is available to the public at that site.
The department shall also provide a copy of each item on the list to
the superintendent of each school district. The district
superintendent shall provide a copy of any item on the list to anyone
who requests it.

(J)(1)(a)
Except as provided in division (J)(1)(b) of this section, for any
district that sponsors a conversion community school under Chapter
3314. of the Revised Code, the department shall combine data
regarding the academic performance of students enrolled in the
community school with comparable data from the schools of the
district for the purpose of determining the performance of the
district as a whole on the report card issued for the district under
this section or section 3302.033 of the Revised Code.

(b)
The department shall not combine data from any conversion community
school that a district sponsors if
a
majority of the students enrolled in
the
conversion community school
are
enrolled in
is

a
dropout prevention and recovery
program
that is operated by the
community

school,
as
described
in division (B)(1) of
defined
in
section

3314.35

3314.02

of
the Revised Code. The department shall include as an addendum to the
district's report card the ratings and performance measures that are
required under section 3314.017 of the Revised Code for any community
school to which division (J)(1)(b) of this section applies. This
addendum shall include, at a minimum, the data specified in divisions
(C)(1)(a), (C)(2), and (C)(3) of section 3314.017 of the Revised
Code.

(2)
Any district that leases a building to a community school located in
the district or that enters into an agreement with a community school
located in the district whereby the district and the school endorse
each other's programs may elect to have data regarding the academic
performance of students enrolled in the community school combined
with comparable data from the schools of the district for the purpose
of determining the performance of the district as a whole on the
district report card. Any district that so elects shall annually file
a copy of the lease or agreement with the department.

(3)
Any municipal school district, as defined in section 3311.71 of the
Revised Code, that sponsors a community school located within the
district's territory, or that enters into an agreement with a
community school located within the district's territory whereby the
district and the community school endorse each other's programs, may
exercise either or both of the following elections:

(a)
To have data regarding the academic performance of students enrolled
in that community school combined with comparable data from the
schools of the district for the purpose of determining the
performance of the district as a whole on the district's report card;

(b)
To have the number of students attending that community school noted
separately on the district's report card.

The
election authorized under division (J)(3)(a) of this section is
subject to approval by the governing authority of the community
school.

Any
municipal school district that exercises an election to combine or
include data under division (J)(3) of this section, by the first day
of October of each year, shall file with the department documentation
indicating eligibility for that election, as required by the
department.

(K)
The department shall include on each report card the percentage of
teachers in the district or building who are properly certified or
licensed teachers, as defined in section 3319.074 of the Revised
Code, and a comparison of that percentage with the percentages of
such teachers in similar districts and buildings.

(L)(1)
In calculating English language arts, mathematics, science, American
history, or American government assessment passage rates used to
determine school district or building performance under this section,
the department shall include all students taking an assessment with
accommodation or to whom an alternate assessment is administered
pursuant to division (C)(1) or (3) of section 3301.0711 of the
Revised Code and all students who take substitute examinations
approved under division (B)(4) of section 3301.0712 of the Revised
Code in the subject areas of science, American history and American
government.

(2)
In calculating performance index scores, rates of achievement on the
performance indicators established by the department under section
3302.02 of the Revised Code, and annual measurable objectives for
determining adequate yearly progress for school districts and
buildings under this section, the department shall do all of the
following:

(a)
Include for each district or building only those students who are
included in the ADM certified for the first full school week of
October and are continuously enrolled in the district or building
through the time of the spring administration of any assessment
prescribed by division (A)(1) or (B)(1) of section 3301.0710 or
division (B) of section 3301.0712 of the Revised Code that is
administered to the student's grade level;

(b)
Include cumulative totals from both the fall and spring
administrations of the third grade English language arts achievement
assessment and, to the extent possible, the summer administration of
that assessment;

(c)
Include for each district or building any English learner in
accordance with the department's plan, as approved by the United
States secretary of education, to comply with the "Elementary
and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339.

As
used in this section, "English learner" has the same
meaning as in section 3301.0731 of the Revised Code.

(M)
Beginning with the 2015-2016 school year and at least once every
three years thereafter, the department shall review and may adjust
the benchmarks for assigning letter grades or performance ratings to
the performance measures and components prescribed under divisions
(C)(3), (D), and (E) of this section.

Sec.
3302.034.
(A)
The department of education and workforce shall adopt and specify
measures in addition to those included on the report card issued
under section 3302.03 of the Revised Code. The measures adopted under
this section shall be reported separately, as specified under
division (B) of this section, for each school district, each building
in a district, each community school established under Chapter 3314.,
each STEM school established under Chapter 3326., and each
college-preparatory boarding school established under Chapter 3328.
of the Revised Code. The measures shall include at least the
following:

(1)
Data for students who have passed over a grade or subject area under
an acceleration policy prescribed under section 3324.10 of the
Revised Code;

(2)
The number of students who are economically disadvantaged as
determined by the department;

(3)
The number of lead teachers employed by each district and each
building once the data is available through the education management
information system established under section 3301.0714 of the Revised
Code;

(4)
The amount of students screened and identified as gifted under
Chapter 3324. of the Revised Code;

(5)
Postgraduate student outcome data

as
described under division (E)(2)(d)(ii) of section 3314.017 of the
Revised Code
,
including postsecondary credit earned, nationally recognized career
or technical certification, military enlistment, job placement, and
attendance rate
;

(6)
Availability of courses in fine arts;

(7)
Participation with other school districts to provide career-technical
education services to students.

(B)
The department shall report this information annually beginning with
the 2013-2014 school year and make this information available on its
web site for comparison purposes.

Sec.
3302.20.
(A)
The department of education and workforce shall develop standards for
determining, from the existing data reported in accordance with
sections 3301.0714 and 3314.17 of the Revised Code, the amount of
annual operating expenditures for classroom instructional purposes
and for nonclassroom purposes for each city, exempted village, local,
and joint vocational school district, each community school
established under Chapter 3314. that is not an internet- or
computer-based community school, each internet- or computer-based
community school, and each STEM school established under Chapter
3326. of the Revised Code. In developing the standards, the
department shall adapt existing standards used by professional
organizations, research organizations, and other state governments.
The department also shall align the expenditure categories required
for reporting under the standards with the categories that are
required for reporting to the United States department of education
under federal law.

(B)(1)
The department shall categorize all city, exempted village, and local
school districts into not less than three nor more than five groups
based primarily on average daily student enrollment as reported on
the most recent report card issued for each district under section
3302.03 of the Revised Code.

(2)
The department shall categorize all joint vocational school districts
into not less than three nor more than five groups based primarily on
enrolled ADM as that term is defined in section 3317.02 of the
Revised Code rounded to the nearest whole number.

(3)
The department shall categorize all community schools that are not
internet- or computer-based community schools into not less than
three nor more than five groups based primarily on average daily
student enrollment as reported on the most recent report card issued
for each community school under sections 3302.03 and 3314.012 of the
Revised Code or, in the case of a school to which section 3314.017 of
the Revised Code applies, on the total number of students reported
under divisions (B)(1) and (2) of section 3314.08 of the Revised
Code.

(4)
The department shall categorize all internet- or computer-based
community schools into a single category.

(5)
The department shall categorize all STEM schools into a single
category.

(C)
Using the standards adopted under division (A) of this section and
the data reported under sections 3301.0714 and 3314.17 of the Revised
Code, the department shall compute annually for each fiscal year, the
following:

(1)
The percentage of each district's, community school's, or STEM
school's total operating budget spent for classroom instructional
purposes;

(2)
The statewide average percentage for all districts, community
schools, and STEM schools combined spent for classroom instructional
purposes;

(3)
The average percentage for each of the categories of districts and
schools established under division (B) of this section spent for
classroom instructional purposes;

(4)
The ranking of each district, community school, or STEM school within
its respective category established under division (B) of this
section according to the following:

(a)
From highest to lowest percentage spent for classroom instructional
purposes;

(b)
From lowest to highest percentage spent for noninstructional
purposes.

(5)
The total operating expenditures per pupil for each district,
community school, and STEM school;

(6)
The total operating expenditure per equivalent pupils for each
district, community school, and STEM school.

(D)
In its display of rankings within each category under division (C)(4)
of this section, the department shall make the following notations:

(1)
Within each category of city, exempted village, and local school
districts, the department shall denote each district that is:

(a)
Among the twenty per cent of all city, exempted village, and local
school districts statewide with the lowest total operating
expenditure per equivalent pupils;

(b)
Among the twenty per cent of all city, exempted village, and local
school districts statewide with the highest performance index scores.

(2)
Within each category of joint vocational school districts, the
department shall denote each district that is:

(a)
Among the twenty per cent of all joint vocational school districts
statewide with the lowest total operating expenditure per equivalent
pupils;

(b)
Among the twenty per cent of all joint vocational school districts
statewide with the highest report card scores under section 3302.033
of the Revised Code.

(3)
Within each category of community schools that are not internet- or
computer-based community schools, the department shall denote each
school that is:

(a)
Among the twenty per cent of all such community schools statewide
with the lowest total operating expenditure per equivalent pupils;

(b)
Among the twenty per cent of all such community schools statewide
with the highest performance index scores, excluding such community
schools to which section 3314.017 of the Revised Code applies.

(4)
Within the category of internet- or computer-based community schools,
the department shall denote each school that is:

(a)
Among the twenty per cent of all such community schools statewide
with the lowest total operating expenditure per equivalent pupils;

(b)
Among the twenty per cent of all such community schools statewide
with the highest performance index scores, excluding such community
schools to which section 3314.017 of the Revised Code applies.

(5)
Within the category of STEM schools, the department shall denote each
school that is:

(a)
Among the twenty per cent of all STEM schools statewide with the
lowest total operating expenditure per equivalent pupils;

(b)
Among the twenty per cent of all STEM schools statewide with the
highest performance index scores.

For
purposes of divisions (D)(3)(b) and (4)(b) of this section, the
display shall note that, in accordance with section 3314.017 of the
Revised Code, a performance index score is not reported for some

community
schools that serve primarily students enrolled in
dropout
prevention and recovery
programs
community
schools
.

(E)
The department shall post in a prominent location on its web site the
information prescribed by divisions (C) and (D) of this section. The
department also shall include on each district's, community school's,
and STEM school's annual report card issued under section 3302.03 or
3314.017 of the Revised Code the respective information computed for
the district or school under divisions (C)(1) and (4) of this
section, the statewide information computed under division (C)(2) of
this section, and the information computed for the district's or
school's category under division (C)(3) of this section.

(F)
As used in this section:

(1)
"Internet- or computer-based community school" has the same
meaning as in section 3314.02 of the Revised Code.

(2)
A school district's, community school's, or STEM school's performance
index score rank is its performance index score rank as computed
under section 3302.21 of the Revised Code.

(3)
"Expenditure per equivalent pupils" has the same meaning as
in section 3302.26 of the Revised Code.

(4)
"Dropout prevention and recovery community school" has the
same meaning as in section 3314.02 of the Revised Code.

Sec.
3302.42.
As
used in this section, "online learning" has the same
meaning as in section 3301.079 of the Revised Code.

(A)
Any local, city, exempted village, or joint vocational school
district, with approval of the department of education and workforce,
may operate a school using an online learning model. If a school is
operated using an online learning model or is to cease operating
using an online learning model, the superintendent of the district
shall notify the department of that fact not later than the first day
of July of the school year for which the change is effective. If any
school district school is currently operated using an online learning
model on September 30, 2021, the superintendent of the district shall
notify the department within sixty days after September 30, 2021, of
that fact and request that the school be classified as an online
learning school.

(1)
Districts shall assign all students engaged in online learning to a
single school which the department shall designate as a district
online school.

(2)
Districts shall provide all students engaged in online learning a
computer, at no cost, for instructional use. Districts shall provide
a filtering device or install filtering software that protects
against internet access to materials that are obscene or harmful to
juveniles on each computer provided to students for instructional
use.

(3)
Districts shall provide all students engaged in online learning
access to the internet, at no cost, for instructional use.

(4)
Districts that operate an online learning school shall provide a
comprehensive orientation for students and their parents or guardians
prior to enrollment or within thirty days for students enrolled as of
September 30, 2021.

(5)
Online learning schools operated by a district shall implement a
learning management system that tracks the time students participate
in online learning activities. All student learning activities
completed while off-line shall be documented with all participation
records checked and approved by the teacher of record.

(6)
Districts may employ teachers and nonteaching employees necessary to
carry out its duties and fulfill its responsibilities under this
section or may contract with a nonprofit or for-profit entity to
operate the online learning school, including the provision of
personnel, related services, curriculum, supplies, equipment, or
facilities.

(B)
The department shall revise any operating standards for school
districts adopted under section 3301.07 of the Revised Code to
include standards for the operation of online learning under this
section. The online learning operation standards shall provide for
all of the following:

(1)
Student-to-teacher ratios whereby no school or classroom is required
to have more than one teacher for every one hundred twenty-five
students in online learning classrooms;

(2)
The ability of all students, at any grade level, to earn credits or
advance grade levels upon demonstrating mastery of knowledge or
skills through competency-based learning models. Credits or grade
level advancement shall not be based on a minimum number of days or
hours in a classroom.

(3)
Notwithstanding anything to the contrary in section 3313.48 of the
Revised Code, a requirement that schools operating using an online
learning model have an annual instructional calendar of not less than
nine hundred ten hours.

(a)
For funding purposes, the department shall reduce the full-time
equivalence proportionally for any student in an online learning
school who participates in less than nine hundred ten hours per
school year. The department shall reduce state funding for students
assigned to an online learning school operated by a district
commensurate with such adjustments to enrollment.

(b)
The department shall develop a review process and make all
adjustments of state funding to districts to reflect any
participation of students in online learning schools for less than
the equivalent of a full school year.

(4)
Adequate provisions for: the licensing of teachers, administrators,
and other professional personnel and their assignment according to
training and qualifications; efficient and effective instructional
materials and equipment, including library facilities; the proper
organization, administration, and supervision of each school,
including regulations for preparing all necessary records and reports
and the preparation of a statement of policies and objectives for
each school; buildings, grounds, and health and sanitary facilities
and services; admission of pupils, and such requirements for their
promotion from grade to grade as will ensure that they are capable
and prepared for the level of study to which they are certified;
requirements for graduation; and such other factors as the board
finds necessary.

(C)
This section does not affect any provisions for the operation of and
payments to an internet- or computer-based community school
prescribed in Chapter 3314. of the Revised Code.

Sec.
3305.05.
(A)
As used in this section and section 3305.051 of the Revised Code,
"academic or administrative employee" means any full-time
employee not receiving any benefit, allowance, or other payment
granted on the employee's account from a state retirement system who,
before August 1, 2005, met one of the following requirements:

(1)
The employee was a member of the faculty of a public institution of
higher education.

(2)
The employee was a member of the administrative staff of a public
institution of higher education serving in a position in the
unclassified civil service pursuant to section 124.11 of the Revised
Code.

(3)
If section 124.11 of the Revised Code did not apply to the public
institution of higher education, the employee was a member of the
administrative staff of a public institution of higher education
serving in a position comparable to a position in the unclassified
civil service.

In
all cases of doubt, the board of trustees of the public institution
of higher education shall determine whether any person is an academic
or administrative employee for purposes of this chapter, and the
board's decision shall be final.

(B)(1)
Each person who, on August 1, 2005, is an eligible employee of a
public institution of higher education and has accrued less than five
years of service credit in a state retirement system may, not later
than one hundred twenty days after August 1, 2005, make an election
to participate in an alternative retirement plan available at the
employing public institution, unless, prior to August 1, 2005, the
person had an opportunity pursuant to former section 3305.05 of the
Revised Code to make such an election as an academic or
administrative employee of that public institution of higher
education.

(2)
An eligible employee whose employment with a public institution of
higher education commences on or after August 1, 2005, may, not later
than one hundred twenty days after the starting date of the
employment, make an election to participate in an alternative
retirement plan available at the employing public institution.

(3)
An eligible employee who, on or after August 1, 2005, terminates
employment at one public institution of higher education and
subsequently is employed by another public institution of higher
education in a position for which an alternative retirement plan is
available may, not later than one hundred twenty days after the
starting date of the employment, elect to participate in an
alternative retirement plan available at that public institution.

(C)(1)
An eligible employee who makes an election
to
participate in an alternative retirement plan
under
division (B) of this section shall
submit

make

the
election in writing
and
sign the election. The public institution of higher education
employing the eligible employee may permit the employee to sign the
election by electronic signature. The employee shall submit the
election
to
the designated officer of the employee's employing public institution
of higher education. Once submitted, the election is irrevocable
while the eligible employee continues to be employed by the public
institution of higher education. Not later than ten days after the
election becomes irrevocable, the officer shall file a certified copy
of the election with the state retirement system to which, apart from
the election, the employee's employment would be subject.

Each
public institution of higher education that employs a person eligible
to make an election under division (B) of this section shall notify,
in writing, the state retirement system that applies to that
employment in the manner specified by that state retirement system.
The notice shall include the person's name and address. The notice
shall be given not later than ten days after the first date the
person is on the institution's payroll.

(2)
Elections made under division (B) of this section take effect as
follows:

(a)
An election under division (B)(1) of this section is effective as of
the date on which the employee's election to participate in the
alternative retirement plan becomes irrevocable.

(b)
An election under division (B)(2) or (3) of this section is effective
as of the electing employee's starting date of employment.

(3)
An eligible employee's election under division (B) of this section
applies to the employee's employment in all positions at that public
institution, unless the employee terminates employment at the public
institution and does not return to employment in any position at that
public institution for at least three hundred sixty-five days after
the date of termination.

(4)
An eligible employee who makes an election under division (B) of this
section is forever barred from claiming or purchasing service credit
under any state retirement system for the period of employment while
the election is in effect.

(D)(1)
An eligible employee who fails to make an election under division (B)
of this section within the one-hundred-twenty day election period
shall be deemed to have elected to participate in the state
retirement system that applies to the employee's employment.

(2)
An eligible employee who fails to make an election under division (B)
of this section shall not be permitted to make an election for
employment in any other position at the public institution of higher
education while employed at that public institution, unless the
employee terminates employment at the public institution and does not
return to employment in any position at the public institution for at
least three hundred sixty-five days after the date of termination.

Sec.
3305.053.
(A)

The
board of trustees of a public institution of higher education shall
permit an employee who makes an election under section 3305.05 or
3305.051 of the Revised Code to do
all

both

of
the following:

(A)

(1)

Select,
from among the providers that have entered into an agreement with the
public institution of higher education under section 3305.04 of the
Revised Code, the provider of an investment option for that employee;

(B)

(2)

Subject
to any terms and conditions established by the public institution of
higher education, change the provider selected under division
(A)

(A)(1)

of
this section any time during the plan year.

(B)
A public institution of higher education may allow an employee who
seeks to change the employee's provider under division (A)(2) of this
section to sign a form to change providers by electronic signature.

(C)
If under division
(B)

(A)(2)

of
this section an employee changes providers, the employee may direct
the provider to transfer to the new provider the employee's account
balance either in whole or in part, as directed by the employee,
except that the provider is not required to immediately transfer any
part of the account invested at the employee's election in a fixed
annuity account if the contract with the employee under which the
investment was made permits the provider to make such a transfer over
a period of time not exceeding ten years and the contract was filed
with and approved by the department of insurance pursuant to section
3911.011 of the Revised Code.

Sec.
3307.044.
The
state teachers retirement board shall appoint a committee to oversee
the selection of an internal auditor. The committee shall select one
or more persons for employment as an internal auditor. The board
shall employ the person or persons selected by the committee.

The
committee shall consist of the following board members:
one
retirant
the
retired teacher
member,
one contributing member, one ex officio member, and any additional
board members appointed to the committee by the board. The committee
shall annually prepare and submit to the Ohio retirement study
council a report of its actions during the preceding year.

Sec.
3307.05.
(A)

The
state teachers retirement board shall consist of the following
members:

(A)
(1)

The director of education and workforce or a designee of the director
who has the following qualifications:

(1)
(a)

The designee is a resident of this state.

(2)
(b)

Within the three years immediately preceding the appointment, the
designee has not been employed by the public employees retirement
system, police and fire pension fund, state teachers retirement
system, school employees retirement system, or state highway patrol
retirement system or by any person, partnership, or corporation that
has provided to one of those retirement systems services of a
financial or investment nature, including the management, analysis,
supervision, or investment of assets.

(3)

(c)

The
designee has direct experience in the management, analysis,
supervision, or investment of assets.

(B)
One member
(2)
The chancellor of higher education or a designee of the chancellor
who has the following qualifications:

(a)
The designee is a resident of this state.

(b)
Within the three years immediately preceding the appointment, the
designee has not been employed by the public employees retirement
system, police and fire pension fund, state teachers retirement
system, school employees retirement system, or state highway patrol
retirement system or by any person, partnership, or corporation that
has provided to one of those retirement systems services of a
financial or investment nature, including the management, analysis,
supervision, or investment of assets.

(c)
The designee has direct experience in the management, analysis,
supervision, or investment of assets.

(3)
Two members
,
known as the treasurer of state's investment
designee
designees
,
who shall be appointed by the treasurer of state for
a
term
terms

of
four years

unless
removed or replaced by the treasurer of state pursuant to division
(B) of this section,

and
who

have
the following qualifications:

(1)
(a)

The
member
is a resident
members
are residents
of
this state.

(2)
(b)

Within the three years immediately preceding the appointment, the

member
has
members
have
not
been employed by the public employees retirement system, police and
fire pension fund, state teachers retirement system, school employees
retirement system, or state highway patrol retirement system or by
any person, partnership, or corporation that has provided to one of
those retirement systems services of a financial or investment
nature, including management, analysis, supervision, or investment of
assets.

(3)
(c)

The
member
has
members
have
direct
experience in the management, analysis, supervision, or investment of
assets.

(4)
(d)

The
member
is
members
are
not
currently employed by the state or a political subdivision of the
state
.

(e)
The members do not have contributions on deposit with the state
teachers retirement system
.

(C)
Two
(4)
Four
members,
known as the investment expert members, who shall be appointed for
four-year terms

unless
removed or replaced by the appointing authority pursuant to division
(B) of this section
.
One investment expert member shall be appointed by the governor,
and

one
investment expert member shall be jointly appointed by the speaker of
the house of representatives and the president of the senate
,
one investment expert member shall be appointed by the speaker of the
house of representatives, and one investment expert member shall be
appointed by the president of the senate
.
Each investment expert member shall have the following
qualifications:

(1)
(a)

Each member shall be a resident of this state.

(2)
(b)

Within the three years immediately preceding the appointment, each
member shall not have been employed by the public employees
retirement system, police and fire pension fund, state teachers
retirement system, school employees retirement system, or state
highway patrol retirement system or by any person, partnership, or
corporation that has provided to one of those retirement systems
services of a financial or investment nature, including the
management, analysis, supervision, or investment of assets.

(3)
(c)

Each member shall have direct experience in the management, analysis,
supervision, or investment of assets
.

(d)
No member shall have contributions on deposit with the state teachers
retirement system
.

Any
investment expert member appointed to fill a vacancy occurring prior
to the expiration of the term for which the member's predecessor was
appointed shall hold office until the end of such term. The member
shall continue in office subsequent to the expiration date of the
member's term until the member's successor takes office, or until a
period of sixty days has elapsed, whichever occurs first.

(D)
Five
(5)
Two
members,
known as contributing members, who shall be members of the state
teachers retirement system;

(E)
Two
(6)
One
former

members

member

of
the system, known as
the

retired
teacher
members
member
,
who shall be
superannuates
a
superannuate
.

(B)
Notwithstanding section 3307.061 of the Revised Code, each appointed
member of the board serves at the pleasure of the appointing
authority.

Sec.
3307.06.
(A)

Annually
on
On

the
first Monday of May

of
each even-numbered year
,
one contributing member, as defined in division
(D)
(A)(5)

of section 3307.05 of the Revised Code, shall be elected by ballot to
the state teachers retirement board
,
except that, beginning with the annual election for contributing
members in May, 1978, and in the annual election of each fourth year
thereafter, two contributing members shall be elected to the board
.
Elected contributing members shall begin their respective terms of
office on the first day of September following their election and
shall serve for a term of four years.

(B)
The retired teacher
members

member

of
the board, as defined in division
(E)
(A)(6)

of section 3307.05 of the Revised Code, shall be elected for a term
of four years. The retired teacher
members

member

shall
be elected to the board at the
annual

election
for contributing members of the board, as provided in division (A) of
this section, in the year in which the term of the current retired
teacher
members

member

would
expire. The retired teacher
members

member

shall
begin
their
respective terms
the
member's term
of
office on the first day of September following
their

the
member's
election.

No
contributing member of the board who retires while a member of the
board shall be eligible to become a retired teacher member of the
board for three years after the date of the member's retirement.

(C)
Except as provided in division (E) of this section, if a vacancy
occurs during the term of office of any elected member of the board,
the remaining members of the board shall elect a successor member. On
certification of the election results in accordance with rules
adopted under section 3307.075 of the Revised Code the successor
member shall hold office until the first day of the new term that
follows the next board election that occurs not less than ninety days
after the successor member's election, or until the end of the term
for which the successor member was elected, whichever is sooner. The
successor member shall qualify for board membership under the same
division of section 3307.05 of the Revised Code as the member's
predecessor in office. Elections under this division shall be
conducted in accordance with rules adopted under section 3307.075 of
the Revised Code.

(D)
If as a result of changed circumstances an elected member of the
board would no longer qualify for board membership under that
division of section 3307.05 of the Revised Code on the basis of which
the member was elected, or if such a member fails to attend the
meetings of the board for four months or longer without being
excused, the member's position on the board shall be considered
vacant, and a successor member shall be elected under this division
for the remainder of the unexpired term.

(E)
A successor member need not be elected under division (C) of this
section to fill a vacancy if on the day the vacancy occurs less than
ninety days remain in the vacated term.

Sec.
3307.07.
All
elections of members of the state teachers retirement board shall be
held under the direction of the board in accordance with rules
adopted under section 3307.075 of the Revised Code. Any member of the
state teachers retirement system, who has been nominated by a
petition that is signed by five hundred or more members of the system
and certified in accordance with rules adopted under section 3307.075
of the Revised Code, shall be eligible for election as a contributing
member of the board. The petition shall contain the signatures of
twenty or more members of the system from each of at least ten
counties wherein members of the system are employed.

Any
retired teacher who is a superannuate and a resident of Ohio is
eligible for election as a retired teacher member of the board, if
such retired teacher has been nominated by a petition that is signed
by five hundred or more retired teachers, who are also superannuates,
and certified in accordance with rules adopted under section 3307.075
of the Revised Code. The petition shall contain the signatures of
twenty or more retired teachers from each of at least ten counties
wherein superannuates under the system reside.

The
board shall place the name of any eligible candidate upon the
appropriate ballot as a regular candidate. At any election, qualified
voters, as defined in this section, may vote for the regular
candidates or for other eligible candidates, in which case the names
of such persons shall be written upon the appropriate ballots, except
that members of the system and former members of the system who are
superannuates shall vote respectively for contributing members and

the

retired teacher
members

member

of
the board. The candidate who receives the highest number of votes for
any term of office shall be elected to the board on certification of
the election results in accordance with rules adopted under section
3307.075 of the Revised Code.
If,
at any election, contributing members or retired teacher members are
to be elected for concurrent terms, eligible candidates shall be
placed on the ballot, and the candidates who receive the highest
numbers of votes shall be elected to the board on certification of
the election results in accordance with rules adopted under section
3307.075 of the Revised Code.

Elected
members of the board shall be elected on the basis of the total
number of ballots cast by qualified voters, who shall consist of
members of the system and former members of the system who are
superannuates.

Sec.
3307.073.
(A)
No person shall knowingly fail to file a complete and accurate
campaign finance statement or independent expenditure statement in
accordance with section 3307.072 of the Revised Code.

(B)
No person, during the course of a person seeking nomination for, and
during any campaign for, election to the state teachers retirement
board, shall knowingly and with intent to affect the nomination or
the outcome of the campaign do any of the following by means of
campaign materials, an advertisement on radio or television or in a
newspaper or periodical, a public speech, press release, or
otherwise:

(1)
With regard to a candidate, identify the candidate in a manner that
implies that the candidate is a member of the board or use the term
"re-elect" when the candidate is not currently a member of
the board;

(2)
Make a false statement concerning the formal schooling or training
completed or attempted by a candidate; a degree, diploma,
certificate, scholarship, grant, award, prize, or honor received,
earned, or held by a candidate; or the period of time during which a
candidate attended any school, college, community technical school,
or institution;

(3)
Make a false statement concerning the professional, occupational, or
vocational licenses held by a candidate, or concerning any position
the candidate held for which the candidate received a salary or
wages;

(4)
Make a false statement that a candidate or board member has been
indicted or convicted of a theft offense, extortion, or other crime
involving financial corruption or moral turpitude;

(5)
Make a statement that a candidate has been indicted for any crime or
has been the subject of a finding by the Ohio elections commission
,
the secretary of state, or the Ohio election integrity commission

without disclosing the outcome of any legal proceedings resulting
from the indictment or finding;

(6)
Make a false statement that a candidate or board member has a record
of treatment or confinement for mental disorder;

(7)
Make a false statement that a candidate or board member has been
subjected to military discipline for criminal misconduct or
dishonorably discharged from the armed services;

(8)
Falsely identify the source of a statement, issue statements under
the name of another person without authorization, or falsely state
the endorsement of or opposition to a candidate by a person or
publication;

(9)
Make a false statement concerning the voting record of a candidate or
board member;

(10)
Post, publish, circulate, distribute, or otherwise disseminate a
false statement concerning a candidate, either knowing the same to be
false or with reckless disregard of whether it was false or not, if
the statement is designed to promote the election, nomination, or
defeat of the candidate.

Sec.
3307.074.
The
secretary of state, or any person acting on personal knowledge and
subject to the penalties of perjury, may file a
A

complaint

with
the Ohio elections commission
alleging
a violation of section 3307.073 of the Revised Code

may
be filed in accordance with section 3517.16 of the Revised Code
.

The
complaint shall be made on a form prescribed and provided by the
commission.

On
receipt of a complaint under this section, the commission shall hold
a hearing open to the public to determine whether the violation
alleged in the complaint has occurred. The commission may administer
oaths and issue subpoenas to any person in the state compelling the
attendance of witnesses and the production of relevant papers, books,
accounts, and reports. On the refusal of any person to obey a
subpoena or to be sworn or to answer as a witness, the commission may
apply to the court of common pleas of Franklin county under section
2705.03 of the Revised Code. The court shall hold contempt
proceedings in accordance with Chapter 2705. of the Revised Code.

The
commission shall provide the person accused of the violation at least
seven days prior notice of the time, date, and place of the hearing.
The accused may be represented by an attorney and shall have an
opportunity to present evidence, call witnesses, and cross-examine
witnesses.

At
the hearing, the commission shall determine whether the violation
alleged in the complaint has occurred. If the commission determines
that a violation of division (A) of section 3307.073 of the Revised
Code has occurred, the commission shall either impose a fine under
section 3307.99 of the Revised Code or enter a finding that good
cause has been shown not to impose the fine. If the commission
determines that a violation of division (B) of section 3307.073 of
the Revised Code has occurred, the commission shall impose the fine
described in section 3307.99 of the Revised Code, refer the matter to
the appropriate prosecutor, or enter a finding that good cause has
been shown not to impose a fine or refer the matter to a prosecutor.

Sec.
3307.10.
(A)
(A)(1)

The members of the state teachers retirement board
holding
office under divisions (A)(3) to (6) of section 3307.05 of the
Revised Code, for their service on the board, are entitled to both of
the following:

(a)
Two hundred dollars for each regular board meeting attended, provided
that no member shall be entitled to more than four hundred dollars
per month, regardless of the number of regular board meetings held in
a month;

(b)
Health care benefits comparable to those generally available to
employees of the state teachers retirement system.

(2)
Except as provided in division (A)(3) of this section, the members of
the board other than the appointed members described under division
(A)(1) of this section
shall
serve without compensation
,
except that
.

(3)
All of the
members

of
the board
shall
be reimbursed from the expense fund for all actual necessary expenses
incurred while serving on the board.

(4)
The payment to which a board member is entitled for attending a
regular board meeting under division (A)(1)(a) of this section does
not entitle the member to payment for attending a special meeting or
a committee meeting of the board.

(5)
Health care benefits provided to a board member under division
(A)(1)(b) of this section shall be provided on the same terms and at
the same cost as to employees of the system.

(B)
The board may secure insurance coverage designed to indemnify board
members and employees for their actions or conduct in the performance
of official duties, and may pay required premiums for such coverage
from the expense fund.

(C)
If the officers of the board determine that a meeting of the entire
membership, or any part thereof, is necessary, such determination
shall be final, and contributing members shall be given time off from
their employment to attend any such meeting. The employer of a
contributing member shall not reduce the member's earned compensation
as a teacher or any contribution required under section 3307.26 of
the Revised Code, because of the contributing member's absence from
employment to attend any such meeting.

The
portion of the employer contribution required under section 3307.28
of the Revised Code that represents earned compensation of a
contributing member paid for the period of an absence from employment
to attend a board meeting, shall be annually transferred from the
expense fund and forwarded to the employer of the contributing
member.

(D)
The board shall adopt rules in accordance with section 111.15 of the
Revised Code establishing a policy for reimbursement of travel
expenses incurred by board members in the performance of their
official duties. As part of any audit performed under Chapter 117. of
the Revised Code, an inquiry shall be made into whether board members
have complied with these rules.

(E)
No board member shall accept payment or reimbursement for travel
expenses, other than for meals and other food and beverages provided
to the member, from any source other than the expense fund. Except in
the case of an emergency, no out-of-state travel expenses shall be
reimbursed unless approved in advance by a majority of the board at a
regular board meeting.

(F)
Notwithstanding anything to the contrary in sections 145.38, 742.26,
3307.35, or 3309.341 of the Revised Code, a board member's service on
the board shall not forfeit the member's allowance or benefit under
any of those sections.

Sec.
3307.11.
The
state teachers retirement board shall elect from its membership, a
chairperson and a vice-chairperson.

A
member of the board who has contributions on deposit with the state
teachers retirement system is not eligible to serve as chairperson or
vice-chairperson.
The
board shall employ an executive director who shall serve as
secretary, and shall employ other persons necessary to operate the
system and to fulfill the board's duties and responsibilities under
Chapter 3307. of the Revised Code.

Effective
ninety days after

the
effective date of this amendment

September
15, 2004
,
the board may not employ a state retirement system investment
officer, as defined in section 1707.01 of the Revised Code, who does
not hold a valid state retirement system investment officer license
issued by the division of securities in the department of commerce.

The
compensation of all employees and all other expenses of the board
necessary for the proper operation of the system shall be paid in
such amounts as the board approves.

Every
expense voucher of an employee, officer, or board member of the state
teachers retirement system shall itemize all purchases and
expenditures.

The
board shall receive all applications for retirement under the plans
described in section 3307.031 of the Revised Code, shall provide for
the payment of all retirement allowances and other benefits payable
under this chapter, and shall make other expenditures authorized by
this chapter.

Sec.
3307.27.
The

(A)
Except as provided in division (B) of this section, the
contributions
required under section 3307.26 of the Revised Code may be paid by the
employer in accordance with division (h) of section 414 of the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26
U.S.C.A. 414(h), as amended.

(B)
The contributions required under section 3307.26 of the Revised Code
shall not be paid by a school district board of education on behalf
of a contributor employed by the school district as a superintendent
or principal, but may be treated as paid by the school district board
of education in accordance with division (h) of section 414 of the
"Internal Revenue Code of 1986," 26 U.S.C. 414(h).

Sec.
3307.99.
(A)
Whoever violates division (A) of section 3307.073 of the Revised Code
shall be fined not more than one hundred dollars for each day of the
violation.

(B)
Whoever violates division (B) of section 3307.073 of the Revised Code
shall be imprisoned for not more than six months or fined not more
than five thousand dollars, or both.

(C)
Fines imposed by the Ohio elections commission under this section
shall be paid into the Ohio elections commission fund created under
section 3513.10 of the Revised Code.

Sec.
3309.073.
(A)
No person shall knowingly fail to file a complete and accurate
campaign finance statement or independent expenditure statement in
accordance with section 3309.072 of the Revised Code.

(B)
No person, during the course of a person seeking nomination for, and
during any campaign for, election to the school employees retirement
board, shall knowingly and with intent to affect the nomination or
the outcome of the campaign do any of the following by means of
campaign materials, an advertisement on radio or television or in a
newspaper or periodical, a public speech, press release, or
otherwise:

(1)
With regard to a candidate, identify the candidate in a manner that
implies that the candidate is a member of the board or use the term
"re-elect" when the candidate is not currently a member of
the board;

(2)
Make a false statement concerning the formal schooling or training
completed or attempted by a candidate; a degree, diploma,
certificate, scholarship, grant, award, prize, or honor received,
earned, or held by a candidate; or the period of time during which a
candidate attended any school, college, community technical school,
or institution;

(3)
Make a false statement concerning the professional, occupational, or
vocational licenses held by a candidate, or concerning any position
the candidate held for which the candidate received a salary or
wages;

(4)
Make a false statement that a candidate or board member has been
indicted or convicted of a theft offense, extortion, or other crime
involving financial corruption or moral turpitude;

(5)
Make a statement that a candidate has been indicted for any crime or
has been the subject of a finding by the Ohio elections commission
,
the secretary of state, or the Ohio election integrity commission

without disclosing the outcome of any legal proceedings resulting
from the indictment or finding;

(6)
Make a false statement that a candidate or board member has a record
of treatment or confinement for mental disorder;

(7)
Make a false statement that a candidate or board member has been
subjected to military discipline for criminal misconduct or
dishonorably discharged from the armed services;

(8)
Falsely identify the source of a statement, issue statements under
the name of another person without authorization, or falsely state
the endorsement of or opposition to a candidate by a person or
publication;

(9)
Make a false statement concerning the voting record of a candidate or
board member;

(10)
Post, publish, circulate, distribute, or otherwise disseminate a
false statement concerning a candidate, either knowing the same to be
false or with reckless disregard of whether it was false or not, if
the statement is designed to promote the election, nomination, or
defeat of the candidate.

Sec.
3309.074.
The
secretary of state, or any person acting on personal knowledge and
subject to the penalties of perjury, may file a
A

complaint

with
the Ohio elections commission
alleging
a violation of section 3309.073 of the Revised Code

may
be filed in accordance with section 3517.16 of the Revised Code
.

The
complaint shall be made on a form prescribed and provided by the
commission.

A
complaint shall be filed not later than two years after the
occurrence of the act or failure to act that is the subject of the
complaint, except that if the act or failure to act involves fraud,
concealment, or misrepresentation and was not discovered during that
two-year period, a complaint may be filed not later than one year
after discovery of the act or failure to act.

On
receipt of a complaint under this section, the commission shall hold
a hearing open to the public to determine whether the violation
alleged in the complaint has occurred. The commission may administer
oaths and issue subpoenas to any person in the state compelling the
attendance of witnesses and the production of relevant papers, books,
accounts, and reports. On the refusal of any person to obey a
subpoena or to be sworn or to answer as a witness, the commission may
apply to the court of common pleas of Franklin county under section
2705.03 of the Revised Code. The court shall hold contempt
proceedings in accordance with Chapter 2705. of the Revised Code.

The
commission shall provide the person accused of the violation at least
seven days prior notice of the time, date, and place of the hearing.
The accused may be represented by an attorney and shall have an
opportunity to present evidence, call witnesses, and cross-examine
witnesses.

At
the hearing, the commission shall determine whether the violation
alleged in the complaint has occurred. If the commission determines
that a violation of division (A) of section 3309.073 of the Revised
Code has occurred, the commission shall either impose a fine under
section 3309.99 of the Revised Code or enter a finding that good
cause has been shown not to impose the fine. If the commission
determines that a violation of division (B) of section 3309.073 of
the Revised Code has occurred, the commission shall impose the fine
described in section 3309.99 of the Revised Code, refer the matter to
the appropriate prosecutor, or enter a finding that good cause has
been shown to not impose a fine or refer the matter to the
appropriate prosecutor.

Sec.
3309.47.
Each
school employees retirement system contributor shall contribute eight
per cent of the contributor's compensation to the employees' savings
fund, except that the school employees retirement board may raise the
contribution rate to a rate not greater than ten per cent of
compensation.

The
contributions required under this section shall not be paid by a
school district board of education on behalf of a contributor
employed by the school district as a treasurer, but may be treated as
employer contributions for purposes of state and federal income tax
deferred income provisions.

The
contributions by the direction of the school employees retirement
board shall be deducted by the employer from the compensation of each
contributor on each payroll of such contributor for each payroll
period and shall be an amount equal to the required per cent of such
contributor's compensation. On a finding by the board that an
employer has failed or refused to deduct contributions for any
employee during any year and to transmit such amounts to the
retirement system, the retirement board may make a determination of
the amount of the delinquent contributions, including interest at a
rate set by the retirement board, from the end of each year, and
certify to the employer the amounts for collection. If the amount is
not paid by the employer, it may be certified for collection in the
same manner as payments due the employers' trust fund. Any amounts so
collected shall be held in trust pending receipt of a report of
contributions for the employee for the period involved as provided by
law and, thereafter, the amount in trust shall be transferred to the
employee's savings fund to the credit of the employee. Any amount
remaining after the transfer to the employees' savings fund shall be
transferred to the employers' trust fund as a credit of the employer.

Additional
deposits may be made to a member's account. At retirement, the amount
deposited with interest may be used to provide additional annuity
income. The additional deposits may be refunded to the member before
retirement, and shall be refunded if the member withdraws the
member's refundable amount. The deposits may be refunded to the
beneficiary or estate if the member dies before retirement, and the
board shall determine whether regular interest shall be credited to
deposits thus refunded.

Sec.
3309.99.
(A)
Whoever violates division (A) of section 3309.073 of the Revised Code
shall be fined not more than one hundred dollars for each day of the
violation.

(B)
Whoever violates division (B) of section 3309.073 of the Revised Code
shall be imprisoned for not more than six months or fined not more
than five thousand dollars, or both.

(C)
Fines imposed by the Ohio elections commission under this section
shall be paid into the Ohio elections commission fund created under
section 3513.10 of the Revised Code.

Sec.
3310.033.
(A)
As used in this section:

(1)
"Foster child" means a child placed with a foster
caregiver, as defined in section 5103.02 of the Revised Code.

(2)
"Qualifying student" means a student who is not entitled to
attend school under section 3313.64 or 3313.65 of the Revised Code in
a school district in which the pilot project scholarship program is
operating under sections 3313.974 to 3313.979 of the Revised Code.

(3)
"Kinship caregiver" has the same meaning as in section

5101.85

5180.50

of
the Revised Code.

(4)
"Sibling" means any of the following:

(a)
A brother, half-brother, sister, or half-sister by birth, marriage,
or adoption;

(b)
A cousin by birth, marriage, or adoption who is residing in the same
household;

(c)
A foster child who is residing in the same household, including a
child who is subsequently adopted by the child's foster family;

(d)
A child residing in the same household who is placed with a guardian
or legal custodian;

(e)
A child who is residing in the same household and is being cared for
by a kinship caregiver;

(f)
Any other child under eighteen years of age who has resided in the
same household for at least forty-five consecutive days within the
last calendar year.

(5)
"Caretaker" means the parent of a minor child or a relative
acting in the parent's place. "Caretaker" also means
another responsible adult who has care of the child and in whose
household the child resides and, if not for residing in that
household, the child would be homeless or likely to be homeless.

(B)
Notwithstanding anything in the Revised Code to the contrary, a
qualifying student shall be eligible for an educational choice
scholarship under section 3310.03 of the Revised Code, regardless of
whether the student is enrolled in a school building described in
division (A)(1) or (C) of that section, if any of the following
apply:

(1)
The student's sibling received an educational choice scholarship
under section 3310.03 of the Revised Code for the school year
immediately prior to the school year for which the student is seeking
a scholarship;

(2)
The student is a foster child;

(3)
The student is a child placed with a guardian, legal custodian, or
kinship caregiver;

(4)
The student is not a child placed with a guardian, legal custodian,
or kinship caregiver, but has resided in the same household as such a
child for at least forty-five consecutive days within the last
calendar year;

(5)
The student is not a foster child, but resides in a home that has
received certification under section 5103.03 of the Revised Code;

(6)
The student satisfies all of the following conditions:

(a)
The student is not a foster child or a student described in division
(B)(4) of this section.

(b)
The student has resided in the household of an individual who is not
the student's parent or guardian for at least forty-five consecutive
days within the last calendar year and, if not for residing in that
household, the student would have been homeless.

(c)
The student's parent or guardian resides in this state.

(7)
The student is not a child described in division (B)(6) of this
section, but has resided in the same household as a child described
in that division for at least forty-five consecutive days within the
last calendar year.

(C)
A student who receives an educational choice scholarship under this
section remains eligible for that scholarship and may continue to
receive a scholarship in subsequent school years until the student
completes grade twelve, so long as the student satisfies the
conditions specified in divisions (D)(2) and (3) of section 3310.03
of the Revised Code.

(D)
The department of education and workforce may request any individual
applying for a scholarship under this section on behalf of a
qualifying student to provide appropriate documentation, as defined
by the department, that the student meets the eligibility
qualifications prescribed under this section. In the case of a
student who qualifies under division (B)(6) of this section, such
documentation shall be provided by the student's parent, guardian, or
caretaker.

Sec.
3310.037.
A
student is not eligible to receive an educational choice scholarship
awarded under sections 3310.01 to 3310.17 of the Revised Code if the
treasurer of state has established an educational savings account for
the student under section 3310.23 of the Revised Code for the school
year for which the scholarship is sought.

Sec.
3310.21.
As
used in this section and sections 3310.22 to 3310.26 of the Revised
Code:

(A)
"Chartered nonpublic school" has the same meaning as in
section 3310.01 of the Revised Code.

(B)
"Community school" means a community school established
under Chapter 3314. of the Revised Code.

(C)
"Parent" has the same meaning as in section 3313.98 of the
Revised Code.

(D)
"Participating school" means a nonchartered nonpublic
school that participates in the nonchartered educational savings
account program in accordance with section 3310.25 of the Revised
Code.

(E)
"Resident district" means the school district in which a
student is entitled to attend school under section 3313.64 or 3313.65
of the Revised Code.

(F)
"Scholarship account" means an educational savings account
established under section 3310.23 of the Revised Code.

(G)
"School district" means a city, local, or exempted village
school district.

(H)
"State scholarship" means a scholarship awarded under the
educational choice scholarship pilot program established under
sections 3310.01 to 3310.17 of the Revised Code, the autism
scholarship program established under section 3310.41 of the Revised
Code, the Jon Peterson special needs scholarship program established
under sections 3310.51 to 3310.64 of the Revised Code, or the pilot
project scholarship program established under sections 3313.974 to
3313.979 of the Revised Code.

(I)
"STEM school" means a STEM school established under Chapter
3326. of the Revised Code.

Sec.
3310.22.
(A)
The nonchartered educational savings account program is established
to begin operating for the 2026-2027 school year. The treasurer of
state shall administer the program with the assistance of the
department of education and workforce. Under the program, the
treasurer of state shall establish an educational savings account for
each participating student to purchase educational goods and
services, including tuition at participating schools. Funding for
each educational savings account shall be transferred by the
department of education and workforce from the nonchartered
educational savings account unit, as defined in section 3317.02 of
the Revised Code, in accordance with section 3317.022 of the Revised
Code.

(B)
The department shall establish a system under which a student,
parent, participating school, or any other individual may submit a
complaint about an alleged violation of the program's requirements.
The department shall investigate each complaint that it receives.
During the investigation, the department shall provide updates to and
respond to questions from both the subject of the complaint and the
party who submitted the complaint. The department shall complete each
investigation promptly.

Upon
completion of an investigation, the department shall submit to the
party who submitted a complaint, the subject of the complaint, and
the treasurer of state a report regarding the investigation's
findings, including whether the program's requirements were violated.
If the department's report indicates the program's requirements were
violated, the treasurer of state shall determine a resolution to the
complaint and require corrective actions to be taken, including
remediation plans and other potential consequences for the subject of
the complaint.

(C)
The treasurer of state shall establish due process procedures for
individuals and participating schools who are determined noncompliant
with the requirements of the program under this section and sections
3310.24 and 3310.25 of the Revised Code. The procedures shall provide
an individual or school with at least a notice of the noncompliance
determination, an opportunity for a hearing regarding it, and an
opportunity to appeal it prior to the treasurer of state determining
a resolution or undertaking any action regarding it.

Sec.
3310.23.
(A)
Not later than February 1, 2026, the treasurer of state shall develop
an application procedure for the nonchartered educational savings
account program. Under the procedure, the treasurer of state shall
open an application period for a school year on the first day of
February immediately prior to the first day of July of that school
year. The parent of a student enrolled in a participating school may
submit an application to participate in the program during that
application period. The treasurer of state shall accept and process
each application that is submitted. The application shall require the
parent to do all of the following:

(1)
Provide the student's and parent's names and address;

(2)
Provide documentation verifying the student's enrollment and
attendance at a participating school;

(3)
Provide the student's participating school's tuition and fee
schedule;

(4)
Affirm that the student will take a nationally recognized
standardized achievement assessment;

(5)
If the parent is reapplying for a scholarship account in accordance
with division (C) of this section, provide the student's nationally
recognized standardized achievement assessment scores for the prior
school year. As a matter of convenience, the student's participating
school may submit the nationally recognized standardized achievement
assessment scores on behalf of the student's parent.

(6)
Affirm the parent will maintain records and related documentation
regarding educational expenses on which the parent spends funds from
the scholarship account, including any receipts for tuition, fees,
textbooks, and curriculum materials;

(7)
Affirm the parent will not enroll the student in a school district,
community school, STEM school, or chartered nonpublic school while
the student is participating in the program;

(8)
Affirm the parent will not use funds in a scholarship account for any
purpose other than those described in division (A) of section 3310.24
of the Revised Code;

(9)
Provide other information determined necessary by the treasurer of
state.

(B)
For an educational savings account sought for the 2026-2027 school
year, and for each school year thereafter, the treasurer of state
shall approve a completed application submitted on behalf of a
student, and establish an educational savings account for that
student, if both of the following apply:

(1)
The student is enrolling in any of grades kindergarten through twelve
in a participating school for the school year for which an account is
sought.

(2)
The student has not received a state scholarship for the school year
for which an account is sought.

(C)
A student for whom an educational savings account is established
under this section for a school year shall be required to reapply
under this section to have an account established for a subsequent
school year.

The
treasurer of state shall notify parents of students for whom a
scholarship account is established of the renewal process, the
deadline for renewal, and that failure to renew in a timely manner
may result in a temporary suspension of access to funds until an
account is renewed. The treasurer of state shall provide support to
ensure a smooth transition from school year to school year for
renewing parents and students.

(D)
To the extent practicable, the treasurer of state shall establish a
scholarship account prior to the start of the school year for which
it is sought if the parent submits an application prior to the school
year's start.

Sec.
3310.24.
(A)
Funds transferred by the department of education and workforce under
section 3317.022 of the Revised Code to a scholarship account
established for a student shall be used by the student's parent to
pay for tuition and fees at a participating school. Any funds
remaining in the scholarship account after paying for tuition and
fees shall be used for curriculum, textbooks, instructional
materials, and supplies.

(B)
Upon request of the parent of a student for whom a scholarship
account is established, the treasurer of state shall disburse funds
from that account by either of the following methods as selected by
the parent:

(1)
The treasurer of state shall disburse funds directly to an approved
vendor who provides educational goods or services described in
division (A) of this section to the student. The treasurer of state
shall establish a process to solicit and approve vendors for the
purposes of this section. Under that process, a participating school
that complies with the requirements prescribed under section 3310.25
of the Revised Code shall be considered an approved vendor.

(2)
The treasurer of state shall disburse funds to reimburse the
student's parent for any costs incurred by the parent for educational
goods or services described in division (A) of this section for that
student. Prior to disbursing funds to reimburse a parent, the
treasurer of state shall require that the parent provide appropriate
documentation, as determined by the treasurer of state, that the
costs incurred by the parent are in accordance with division (A) of
this section.

(C)
Any refund or other repayment of funds by a participating school or
other educational provider shall be returned to the student's
scholarship account. Such a refund or repayment shall not be made
directly to the student or the student's parent.

(D)
If a student for whom a scholarship account has been established for
a school year disenrolls from the student's participating school and
does not enroll in a different participating school during that
school year, the treasurer of state shall transfer the balance of any
funds in the student's account, including any prorated refund from a
participating school, to the general revenue fund. The treasurer
shall transfer funds under this division on the first day of January
and the first day of July of each year.

(E)
If the parent of a student for whom a scholarship account is
established for a school year reapplies to have an account
established for the immediately subsequent school year, the treasurer
of state shall, on the thirtieth day of June of the school year for
which the account is established, transfer to the student's new
account the balance of funds in the student's old account.

(F)
If the parent of a student for whom a scholarship account is
established for a school year does not reapply to have a new account
established for the immediately subsequent school year, the treasurer
of state shall, on the first day of July of the year following the
school year for which the account is established, transfer the
balance of any funds in the student's old account to the general
revenue fund.

(G)
Nothing in this section prohibits the parent of a student for whom a
scholarship account is established from making payments for the costs
of educational goods and services not covered by the funds in that
account. However, the parent of a student shall not deposit funds in
the student's scholarship account.

(H)
The treasurer of state may conduct random audits to verify that
parents are using funds from a student's scholarship account in
accordance with this section. If the treasurer of state determines a
misuse of funds, the treasurer of state shall take any action the
treasurer of state determines appropriate, including suspension or
termination of a student's participation in the program.

(I)
The treasurer of state shall certify to the office of budget and
management the amount of funds transferred to the general revenue
fund under divisions (D) and (F) of this section.

Sec.
3310.25.
(A)
A nonchartered nonpublic school that elects to participate in the
nonchartered educational savings account program for a school year
shall notify the treasurer of state of that fact by a deadline
established by the treasurer of state.

(B)
Each nonchartered nonpublic school that participates in the program
shall do all of the following:

(1)
Maintain records and related documentation regarding the educational
expenses on which the school spends the funds it receives under the
program, including receipts for tuition, textbooks, and curricula;

(2)
Maintain a physical location in the state at which each student has
regular and direct contact with teachers. For the purposes of this
section, "physical location" does not include a building
that primarily serves as a residence.

(3)
Notify the treasurer of state and the department of education and
workforce of any change in the school's name, school director,
mailing address, or physical location within fifteen days of the
change;

(4)
Require the parent of a student for whom a scholarship account is
established to endorse the use of funds from a scholarship account by
the school or approve the transfer of funds from the scholarship
account to the school.

(C)
Each nonchartered nonpublic school that participates in the program
shall comply with the requirements prescribed under the program.
However, such schools are autonomous and not an agent of the state or
federal governments. Therefore, all of the following apply:

(1)
The treasurer of state shall not regulate the curriculum,
instructional methods, or other aspects of a school's educational
program.

(2)
The program does not expand the authority of the treasurer of state
to impose on nonchartered nonpublic schools any additional
requirements beyond those expressly prescribed under the program.

(3)
Nonchartered nonpublic schools that participate in the program shall
be given maximum freedom to provide for the educational needs of
their students.

(D)
The treasurer of state may remove a nonchartered nonpublic school
from the list of schools participating in the program if the
treasurer of state determines the school has failed to comply with
the requirements prescribed under this section.

(E)(1)
The treasurer of state shall provide the department with the list of
nonchartered nonpublic schools that participate in the program.

(2)
Annually, the department shall do all of the following regarding each
nonchartered nonpublic school that participates in the program:

(a)
Verify the school has filed with the department, in accordance with
section 3301.0732 of the Revised Code, a copy of the report
prescribed under section 3301.07 of the Revised Code;

(b)
Request from the board of health of the city or general health
district in which the school's physical location is located a copy of
any report of any inspection conducted by the board of health of that
physical location;

(c)
Request from the state fire marshal a copy of any report of any fire
inspection of the school's physical location;

(d)
Prepare and submit to the treasurer of state a report regarding
whether, based on the information collected under divisions (E)(2)(a)
to (c) of this section, the school is compliant with the minimum
education standards and health, fire, and safety laws.

(3)
If the department's report under division (E)(2)(d) of this section
demonstrates that a school is not compliant, the treasurer of state
shall take any action the treasurer of state determines appropriate
against the school.

(F)(1)
The department shall compile the scores attained by students with a
scholarship account and provided to the treasurer of state under
section 3310.23 of the Revised Code. The department shall aggregate
the scores as follows:

(a)
By state, which shall include all students with a scholarship
account;

(b)
By school district, which shall include all students with a
scholarship account and for whom the district is the student's
resident district;

(c)
By nonchartered nonpublic school, which shall include all students
with a scholarship account and who were enrolled in that school.

(2)
The department shall disaggregate the student performance data
described in division (F)(1) of this section according to the
following categories:

(a)
Grade level;

(b)
Race and ethnicity;

(c)
Gender;

(d)
Students with a scholarship account who have participated in the
program for three or more years;

(e)
Students with a scholarship account who have participated in the
program for more than one year and less than three years;

(f)
Students with a scholarship account who have participated in the
program for one year or less;

(g)
Economically disadvantaged students.

(3)
Not later than the first day of February each year, the department
shall post the student performance data required under divisions
(F)(1) and (F)(2) of this section on its web site. In reporting
student performance data under this division, the department shall
not include any data that is statistically unreliable or that could
result in the identification of individual students. For this
purpose, the department shall not report performance data for any
group that contains less than ten students.

(4)
Not later than July 1, 2026, the department shall develop a measure
of student growth for students with scholarship accounts that are
enrolled in nonchartered nonpublic schools. The measure of student
growth shall be used to report data annually on student growth for
students in grades four through eight during the school year in which
data is reported. No data shall be reported for schools with fewer
than ten students with scholarship accounts. The department shall
make the growth reports available on its publicly accessible web
site.

(5)
The treasurer of state shall collect and provide to the department
any data necessary for the department to perform its duties under
this division.

(G)
The treasurer of state may conduct random audits to verify that
nonchartered nonpublic schools that participate in the program are
using funds received under the program in accordance with this
section. If the treasurer of state determines a misuse of funds, the
treasurer of state shall take any action the treasurer of state
determines appropriate, including suspension or termination of a
school's participation in the program.

Sec.
3310.26.
(A)
As used in this section:

(1)
"Adjusted gross income" has the same meaning as in section
5747.01 of the Revised Code.

(2)
"Base amount" means an amount equal to the maximum
educational choice scholarship amount for the student's grade level
under division (A)(10)(a)(ii)(I) of section 3317.022 of the Revised
Code for the fiscal year multiplied by 0.75.

(3)
"Constant multiplier" means 0.50.

(4)
"Federal poverty level multiplier" means a percentage equal
to the student's family income percentage of the federal poverty
guidelines for the fiscal year.

(5)
"Federal poverty guidelines" has the same meaning as in
section 5101.46 of the Revised Code.

(6)
"Minimum amount" means an amount equal to the base amount
for the fiscal year multiplied by 0.10.

(7)
"Power equation" means the following formula:

The
federal poverty level multiplier X ln(constant multiplier)

(B)
The department of education and workforce shall determine the
scholarship amount for a student for whom a scholarship account is
established for a fiscal year, as follows:

(1)
For a student with a family adjusted gross income at or below four
hundred fifty per cent of the federal poverty guidelines for the
fiscal year, the base amount;

(2)
For a student with a family adjusted gross income above four hundred
fifty per cent of the federal poverty guidelines, an amount
calculated according to the following formula:

The
base amount X (1
/

the constant multiplier)^4.5 X e^power equation

If
the amount calculated for a student under division (B)(2) of this
division is less than the minimum amount, the student's scholarship
amount shall be the minimum amount.

(C)
For the purposes of calculating a scholarship amount for a student
under this section, the department shall require a student's parent
to submit documentation regarding the student's family income. The
department shall use the documentation submitted for the first school
year that the student has a scholarship amount calculated under this
section to calculate the amount for that school year and each
subsequent school year, unless, for a subsequent school year, the
parent requests the department recalculate the student's scholarship
amount based on updated documentation.

A
parent shall submit documentation, or a request for a recalculation,
to the department in a form and manner prescribed by the department.

Sec.
3310.41.
(A)
As used in this section:

(1)
"Alternative public provider" means either of the following
providers that agrees to enroll a child in the provider's special
education program to implement the child's individualized education
program or an education plan developed by the school district under
division
(K)
(L)

of this section and to which the child's parent owes fees for the
services provided to the child:

(a)
A school district that is not the school district in which the child
is entitled to attend school;

(b)
A public entity other than a school district.

(2)

"Eligible
applicant" means any of the following:

(a)
Either of the natural or adoptive parents of a qualified special
education child, except as otherwise specified in this division.

When
the marriage of the natural or adoptive parents of the child has been
terminated by a divorce, dissolution of marriage, or annulment, or
when the natural or adoptive parents of the child are living separate
and apart under a legal separation decree, and a court has issued an
order allocating the parental rights and responsibilities with
respect to the child, "eligible applicant" means the
residential parent as designated by the court. If the court issues a
shared parenting decree, "eligible applicant" means either
parent. "Eligible applicant" does not mean a parent whose
custodial rights have been terminated.

(b)
The custodian of a qualified special education child, when a court
has granted temporary, legal, or permanent custody of the child to an
individual other than either of the natural or adoptive parents of
the child or to a government agency;

(c)
The guardian of a qualified special education child, when a court has
appointed a guardian for the child;

(d)
The grandparent of a qualified special education child, when the
grandparent is the child's attorney in fact under a power of attorney
executed under sections 3109.51 to 3109.62 of the Revised Code or
when the grandparent has executed a caretaker authorization affidavit
under sections 3109.65 to 3109.73 of the Revised Code;

(e)
The surrogate parent appointed for a qualified special education
child pursuant to division (B) of section 3323.05 and section
3323.051 of the Revised Code;

(f)
A qualified special education child, if the child does not have a
custodian or guardian and the child is at least eighteen years of age
and less than twenty-two years of age.

(3)

"Entitled
to attend school" means entitled to attend school in a school
district under section 3313.64 or 3313.65 of the Revised Code.

(3)
(4)

"Formula ADM" has the same meaning as in section 3317.02 of
the Revised Code.

(4)
(5)

"Preschool child with a disability" and "individualized
education program" have the same meanings as in section 3323.01
of the Revised Code.

(5)
"Parent" has the same meaning as in section 3313.64 of the
Revised Code, except that "parent" does not mean a parent
whose custodial rights have been terminated. "Parent" also
includes the custodian of a qualified special education child, when a
court has granted temporary, legal, or permanent custody of the child
to an individual other than either of the natural or adoptive parents
of the child or to a government agency.

(6)
"Qualified special education child" is a child who
is
at least three years of age and less than twenty-two years of age and
who
either
was enrolled in the school district in which the child is entitled to
attend school in any grade from preschool through twelve in the
school year prior to the year in which a scholarship under this
section is
first

sought
for the child or is eligible to enter school in any grade preschool
through twelve
or
is less than twenty-two years of age
in
the school district in which the child is entitled to attend school
in the school year in which a scholarship under this section is
first

sought
for the child and for whom any of the following conditions apply:

(a)
The school district in which the child is entitled to attend school
has identified the child as autistic. A child who has been identified
as having a "pervasive developmental disorder - not otherwise
specified (PPD-NOS)" shall be considered to be an autistic child
for purposes of this section.

(b)
The school district in which the child is entitled to attend school
has developed an individualized education program under Chapter 3323.
of the Revised Code for the child that includes services related to
autism.

(c)
The child has been diagnosed as autistic by a physician or
psychologist.

(d)
All of the following apply:

(i)
The child is enrolled in a chartered or nonchartered nonpublic
school, is home educated in accordance with section 3321.042 of the
Revised Code, or is a student older than compulsory school age and
less than twenty-two years of age and received a home education in
accordance with section 3321.042 of the Revised Code and has not
received a diploma under section 3313.6110 of the Revised Code.

(ii)
The child has an individualized education program developed under
Chapter 3323. of the Revised Code that includes services related to
autism.

(iii)
The child is still eligible to receive transition services under the
child's individualized education program.

(7)
"Registered private provider" means a nonpublic school or
other nonpublic entity that has been approved by the department of
education and workforce to participate in the program established
under this section.

(8)
"Special education program" means a school or facility that
provides special education and related services to children with
disabilities.

(B)
There is hereby established the autism scholarship program. Under the
program, the department shall pay a scholarship under section
3317.022 of the Revised Code to
the
parent of each qualified special education child
an
eligible applicant
upon
application of that
parent

eligible
applicant
pursuant
to procedures and deadlines established by rule of the department.
Each scholarship shall be used only to pay tuition for the child on
whose behalf the scholarship is awarded to attend a special education
program
or
programs
that
implements the child's individualized education program or education
plan and that is operated by an alternative public provider or by a
registered private provider, and to pay for other services agreed to
by the provider and the
parent
of a qualified special education child
eligible
applicant
that
are not included in the individualized education program or education
plan but are associated with educating the child. Upon agreement with
the
parent
of a qualified special education child
eligible
applicant
,
the alternative public provider or the registered private provider
may modify the services provided to the child. The purpose of the
scholarship is to permit the
parent
of a qualified special education child
eligible
applicant
the
choice to send the child to a special education program

or
programs
,
instead of the one operated by or for the school district in which
the child is entitled to attend school, to receive the services
prescribed in the child's individualized education program or
education plan once the individualized education program or education
plan is finalized and any other services agreed to by the provider
and the
parent
of a qualified special education child
eligible
applicant
.
The services provided under the scholarship shall include an
educational component or services designed to assist the child to
benefit from the child's education.

At
the discretion of the eligible applicant, multiple alternative public
providers or registered private providers may be contracted to
provide services to implement an individualized education program or
education plan as the eligible applicant and providers determine are
necessary and associated with educating the qualified special
education child. A qualified special education child shall not be
limited to receiving services from a single provider for any services
as identified in the individualized education program or education
plan, including a single type of service.

(C)
Services
,
including intervention services, educational services, academic
services, tutoring services, aide services, and other related special
education services,

provided through the program established under this section may be
provided virtually by any of the following:

(1)
An educational aide or assistant who holds a valid permit issued
under section 3319.088 of the Revised Code;

(2)
An instructional assistant who holds a valid permit issued under
section 3310.43 of the Revised Code;

(3)
A qualified, credentialed provider in accordance with standards
established by the department
;

(4)
A teacher or substitute teacher licensed by the state board of
education
.

(D)
A scholarship under this section shall not be awarded to
the
parent of a child
an
eligible applicant
while
the child's individualized education program is being developed by
the school district in which the child is entitled to attend school,
or while any administrative or judicial mediation or proceedings with
respect to the content of the child's individualized education
program are pending. A scholarship under this section shall not be
used for a child to attend a public special education program that
operates under a contract, compact, or other bilateral agreement
between the school district in which the child is entitled to attend
school and another school district or other public provider, or for a
child to attend a community school established under Chapter 3314. of
the Revised Code. However, nothing in this section or in any rule
adopted by the department shall prohibit
a
parent
an
eligible applicant
whose
child attends a public special education program under a contract,
compact, or other bilateral agreement, or
a
parent
an
eligible applicant
whose
child attends a community school, from applying for and accepting a
scholarship under this section so that the
parent

eligible
applicant
may
withdraw the child from that program or community school and use the
scholarship for the child to attend a special education program for
which the
parent

eligible
applicant
is
required to pay for services for the child.

(E)
Except for development of the child's individualized education
program or education plan, the school district in which a qualified
special education child is entitled to attend school and the child's
school district of residence, as defined in section 3323.01 of the
Revised Code, if different, are not obligated to provide the child
with a free appropriate public education under Chapter 3323. of the
Revised Code for as long as the child continues to attend the special
education program operated by either an alternative public provider
or a registered private provider for which a scholarship is awarded
under the autism scholarship program. If at any time, the eligible
applicant for the child decides no longer to accept scholarship
payments and enrolls the child in the special education program of
the school district in which the child is entitled to attend school,
that district shall provide the child with a free appropriate public
education under Chapter 3323. of the Revised Code.

(F)
A child attending a special education program with a scholarship
under this section shall continue to be entitled to transportation to
and from that program in the manner prescribed by law.

(G)
As prescribed in division (A)(2)(h) of section 3317.03 of the Revised
Code, a child who is not a preschool child with a disability for whom
a scholarship is awarded under this section shall be counted in the
formula ADM of the district in which the child is entitled to attend
school and not in the formula ADM of any other school district.

(H)
A scholarship shall not be paid under section 3317.022 of the Revised
Code to
a
parent
an
eligible applicant
for
payment of tuition owed to a nonpublic entity unless that entity is a
registered private provider. The department shall approve entities
that meet the standards established by rule of the department for the
program established under this section.

(I)
The department shall adopt rules under Chapter 119. of the Revised
Code prescribing procedures necessary to implement this section,
including, but not limited to, procedures and deadlines for
parents

eligible
applicants
to
apply for scholarships, standards for registered private providers,
and procedures for approval of entities as registered private
providers.

The
rules also shall specify that intervention services, including
virtual services, under the autism scholarship program may be
provided by a qualified, credentialed provider, including an educator
or substitute teacher licensed by the state board of education, and
shall additionally include, but not be limited to, all of the
following:

(1)
A behavior analyst certified by a nationally recognized organization
that certifies behavior analysts;

(2)
A psychologist licensed to practice in this state under Chapter 4732.
of the Revised Code;

(3)
An independent school psychologist or school psychologist licensed to
practice in this state under Chapter 4732. of the Revised Code;

(4)
Any person employed by a licensed psychologist, licensed independent
school psychologist, or licensed school psychologist, while carrying
out specific tasks, under the licensee's supervision, as an extension
of the licensee's legal and ethical authority as specified under
Chapter 4732. of the Revised Code who is ascribed as "psychology
trainee," "psychology assistant," "psychology
intern," or other appropriate term that clearly implies their
supervised or training status;

(5)
Unlicensed persons holding a doctoral degree in psychology or special
education from a program approved by the department;

(6)
A "registered behavior technician" as described under rule
5123-9-41 of the Administrative Code working under the supervision
and following the intervention plan of a certified Ohio behavior
analyst or a behavior analyst certified by a nationally recognized
organization that certifies behavior analysts;

(7)
A "certified Ohio behavior analyst" under Chapter 4783. of
the Revised Code;

(8)
An occupational therapist or physical therapist licensed to practice
in this state under Chapter 4755. of the Revised Code;

(9)
A speech-language pathologist licensed to practice in this state
under Chapter 4753. of the Revised Code;

(10)
An intervention specialist who holds a valid license issued by the
state board;

(11)
A literacy intervention specialist certified through pathways
recognized by the Ohio dyslexia committee established by section
3323.25 of the Revised Code. To the extent that certification for any
of the following positions is approved by the Ohio dyslexia committee
under section 3323.25 of the Revised Code, literary intervention
specialists may include:

(a)
A structured literacy dyslexia interventionist;

(b)
A structured literacy dyslexia specialist;

(c)
A certified academic language practitioner;

(d)
A certified academic language therapist.

(12)

An
educational aide or assistant with a valid permit issued under
section 3319.088 of the Revised Code;

(13)
An instructional assistant with a valid permit issued in accordance
with section 3310.43 of the Revised Code;

(14)

Any
other qualified individual as determined by the department.

Supervision
of a qualified, credentialed provider may be conducted virtually.

(J)

For
billing purposes under the autism scholarship program, services
provided by a teacher or substitute teacher licensed by the state
board of education shall be classified as academic services and shall
not be classified as aide services. The department shall use this
differentiation to simplify monthly audit procedures.

(K)

The
department shall provide reasonable notice to all
parents
of children
eligible
applicants
receiving
a scholarship under the autism scholarship program, alternative
public providers, and registered private providers of any amendment
to a rule governing, or change in the administration of, the autism
scholarship program.

(K)
(L)

If a child qualifies for the autism scholarship program pursuant to a
diagnosis under division (A)(6)(c) of this section and does not have
an individualized education program that includes services related to
autism, the school district in which the child is entitled to attend
school shall develop an education plan for the child.

(L)
(M)

Not later than the thirtieth day of June each year, each alternative
public provider and registered private provider enrolling students
receiving autism scholarships shall submit to the department, in a
form and manner prescribed by the department, the tuition rates
charged by the provider for the following school year.

(M)
(N)

The department shall not require
the
parent of a student
an
eligible applicant
who
applies for or receives a scholarship under this section to complete
any kind of income verification regarding the student's family
income.

(O)
The department shall maintain a list of each registered private
provider and the location of that provider on its publicly accessible
web site.

Sec.
3310.412.
A
student is not eligible to receive an autism scholarship awarded
under section 3310.41 of the Revised Code if the treasurer of state
has established an educational savings account for the student under
section 3310.23 of the Revised Code for the school year for which the
scholarship is sought.

Sec.
3310.413.
As
used in this section, "junior reserve officer training corps
program" means a junior reserve officer training corps (JROTC)
program approved by the congress of the United States under title 10
of the United States Code.

A
qualified special education child, as defined in section 3310.41 of
the Revised Code, receiving home education under section 3321.042 of
the Revised Code who participates in a junior reserve officer
training corps program maintained by the child's resident school
district in accordance with 10 U.S.C. 2031f(1) shall not be
considered enrolled in that district for purposes of determining
eligibility for an autism scholarship under section 3310.41 of the
Revised Code.

Sec.
3310.51.
As
used in sections 3310.51 to 3310.64 of the Revised Code:

(A)
"Alternative public provider" means either of the following
providers that agrees to enroll a child in the provider's special
education program to implement the child's individualized education
program and to which the eligible applicant owes fees for the
services provided to the child:

(1)
A school district that is not the school district in which the child
is entitled to attend school or the child's school district of
residence, if different;

(2)
A public entity other than a school district.

(B)
"Child with a disability" and "individualized
education program" have the same meanings as in section 3323.01
of the Revised Code.

(C)
"Eligible applicant" means any of the following:

(1)
Either of the natural or adoptive parents of a qualified special
education child, except as otherwise specified in this division. When
the marriage of the natural or adoptive parents of the student has
been terminated by a divorce, dissolution of marriage, or annulment,
or when the natural or adoptive parents of the student are living
separate and apart under a legal separation decree, and a court has
issued an order allocating the parental rights and responsibilities
with respect to the child, "eligible applicant" means the
residential parent as designated by the court. If the court issues a
shared parenting decree, "eligible applicant" means either
parent. "Eligible applicant" does not mean a parent whose
custodial rights have been terminated.

(2)
The custodian of a qualified special education child, when a court
has granted temporary, legal, or permanent custody of the child to an
individual other than either of the natural or adoptive parents of
the child or to a government agency;

(3)
The guardian of a qualified special education child, when a court has
appointed a guardian for the child;

(4)
The grandparent of a qualified special education child, when the
grandparent is the child's attorney in fact under a power of attorney
executed under sections 3109.51 to 3109.62 of the Revised Code or
when the grandparent has executed a caretaker authorization affidavit
under sections 3109.65 to 3109.73 of the Revised Code;

(5)
The surrogate parent appointed for a qualified special education
child pursuant to division (B) of section 3323.05 and section
3323.051 of the Revised Code;

(6)

The
treasurer of state has not established an educational savings account
for the student under section 3310.23 of the Revised Code for the
same school year in which a scholarship under the Jon Peterson
special needs scholarship program is sought.

(7)

A
qualified special education child, if the child does not have a
custodian or guardian and the child is at least eighteen years of age

and
less than twenty-two years of age
.

(D)
"Entitled to attend school" means entitled to attend school
in a school district under sections 3313.64 and 3313.65 of the
Revised Code.

(E)
"Formula ADM" has the same meaning as in section 3317.02 of
the Revised Code.

(F)
"Qualified special education child" is a child for whom all
of the following conditions apply:

(1)
The child is at least
five

three

years
of age and less than twenty-two years of age.

(2)
The school district in which the child is entitled to attend school,
or the child's school district of residence if different, has
identified the child as a child with a disability.

(3)
The school district in which the child is entitled to attend school,
or the child's school district of residence if different, has
developed an individualized education program under Chapter 3323. of
the Revised Code for the child.

(4)
The child

either

meets
one of the following conditions
:

(a)
Was enrolled in the schools of the school district in which the child
is entitled to attend school in any grade from
kindergarten

preschool

through
twelve in the school year prior to the school year in which a
scholarship is
first

sought
for the child;

(b)
Is eligible to enter school in any grade
kindergarten

preschool

through
twelve in the school district in which the child is entitled to
attend school in the school year in which a scholarship is
first

sought
for the child
;

(c)
All of the following apply:

(i)
The child is at least eighteen years of age and less than twenty-two
years of age.

(ii)
The child is enrolled in a chartered or nonchartered nonpublic
school, is home educated in accordance with section 3321.042 of the
Revised Code, or is a student older than compulsory school age and
less than twenty-two years of age and received a home education in
accordance with section 3321.042 of the Revised Code and has not
received a diploma under section 3313.6110 of the Revised Code.

(iii)
The child is still eligible to receive transition services under the
child's individualized education program
.

(5)
The department of education and workforce has not approved a
scholarship for the child under the educational choice scholarship
pilot program, under sections 3310.01 to 3310.17 of the Revised Code,
the autism scholarship program, under section 3310.41 of the Revised
Code, or the pilot project scholarship program, under sections
3313.974 to 3313.979 of the Revised Code for the same school year in
which a scholarship under the Jon Peterson special needs scholarship
program is sought.

(6)
The child and the child's parents are in compliance with the state
compulsory attendance law under Chapter 3321. of the Revised Code.

(G)
"Registered private provider" means a nonpublic school or
other nonpublic entity that has been registered by the superintendent
of public instruction under section 3310.58 of the Revised Code prior
to
the
effective date of this amendment
October
3, 2023,
or
the department of education and workforce on or after that date.

(H)
"Scholarship" means a scholarship awarded under the Jon
Peterson special needs scholarship program pursuant to sections
3310.51 to 3310.64 of the Revised Code.

(I)
"School district of residence" has the same meaning as in
section 3323.01 of the Revised Code. A community school established
under Chapter 3314. of the Revised Code is not a "school
district of residence" for purposes of sections 3310.51 to
3310.64 of the Revised Code.

(J)
"School year" has the same meaning as in section 3313.62 of
the Revised Code.

(K)
"Special education program" means a school or facility that
provides special education and related services to children with
disabilities.

Sec.
3310.52.
(A)
The Jon Peterson special needs scholarship program is hereby
established. Under the program, beginning with the 2012-2013 school
year, subject to division (B) of this section, the department of
education and workforce annually shall pay a scholarship under
section 3317.022 of the Revised Code to an eligible applicant for
services provided by an alternative public provider or a registered
private provider for a qualified special education child. The
scholarship shall be used only to pay all or part of the fees for the
child to attend the special education program
or
programs
operated
by the alternative public provider or registered private provider to
implement the child's individualized education program

or
programs
,
in lieu of the child's attending the special education program
operated by the school district in which the child is entitled to
attend school, and other services agreed to by the provider and
eligible applicant that are not included in the individualized
education program but are associated with educating the child.

At
the discretion of an eligible applicant, multiple alternative public
providers or registered private providers may be contracted to
provide services to implement the individualized education program as
the eligible applicant and providers determine are necessary and
associated with educating the qualified special education child. A
qualified special education child is not limited to receiving
services from a single provider for any services as identified in the
individualized education program, including a single type of service.

Beginning
in the 2014-2015 school year, if the child is receiving special
education services for a disability specified in division (A) of
section 3317.013 of the Revised Code, the scholarship shall be used
only to pay for related services that are included in the child's
individualized education program. Upon agreement with the eligible
applicant, the alternative public provider or registered private
provider may modify the services provided to the child.

Services
,
including intervention services, educational services, academic
services, tutoring services, aide services, and other related special
education services,

provided through the program established under this section may be
provided virtually by any of the following:

(1)
An educational aide or assistant who holds a valid permit issued
under section 3319.088 of the Revised Code;

(2)
An instructional assistant who holds a valid permit issued under
section 3310.43 of the Revised Code;

(3)
A qualified, credentialed provider in accordance with standards
established by the department
;

(4)
A teacher or substitute teacher licensed by the state board of
education
.

(B)
The number of scholarships awarded under the program in any fiscal
year shall not exceed five per cent of the total number of students
residing in the state identified as children with disabilities during
the previous fiscal year.

(C)
The department shall pay a scholarship under section 3317.022 of the
Revised Code to the
parent
of each qualified special education child
eligible
applicant
,
unless the
parent

eligible
applicant
authorizes
a direct payment to the child's provider, upon application
of
that parent
in
the manner prescribed by the department. However, the department
shall not adopt specific dates for application deadlines for
scholarships under the program.

(D)
The department shall not require
the
parent of a student
an
eligible applicant
who
applies for or receives a scholarship under this section to complete
any kind of income verification regarding the student's family
income.

Sec.
3310.523.
As
used in this section, "junior reserve officer training corps
program" means a junior reserve officer training corps (JROTC)
program approved by the congress of the United States under title 10
of the United States Code.

A
qualified special education child receiving home education under
section 3321.042 of the Revised Code who participates in a junior
reserve officer training corps program maintained by the child's
resident school district in accordance with 10 U.S.C. 2031f(1) shall
not be considered enrolled in that district for purposes of
determining eligibility for a Jon Peterson special needs scholarship
under section 3310.52 of the Revised Code.

Sec.
3310.58.
No
nonpublic school or entity shall receive payments from an eligible
applicant for services for a qualified special education child under
the Jon Peterson special needs scholarship program until the school
or entity registers with the department of education and workforce.

The
department shall maintain a list of each registered private provider
and the location of that provider on its publicly accessible web
site.
The
department shall register and designate as a registered private
provider any nonpublic school or entity that meets the following
requirements:

(A)
The school or entity complies with the antidiscrimination provisions
of 42 U.S.C. 2000d, regardless of whether the school or entity
receives federal financial assistance.

(B)
If the school or entity is not chartered by the director of education
and workforce under section 3301.16 of the Revised Code, the school
or entity agrees to comply with sections 3319.39, 3319.391, and
3319.392 of the Revised Code as if it were a school district.

(C)
The teaching and nonteaching professionals employed by the school or
entity, or employed by any subcontractors of the school or entity,
hold appropriate credentials for the qualified special education
children enrolled in and the services provided through the special
education program it operates. The list of professionals who hold
appropriate credentials to provide services under a special education
program include all of the following:

(1)
A behavior analyst certified by a nationally recognized organization
that certifies behavior analysts;

(2)
A psychologist licensed to practice in this state under Chapter 4732.
of the Revised Code;

(3)
An independent school psychologist or school psychologist licensed to
practice in this state under Chapter 4732. of the Revised Code;

(4)
Any person employed by a licensed psychologist, licensed independent
school psychologist, or licensed school psychologist, while carrying
out specific tasks, under the licensee's supervision, as an extension
of the licensee's legal and ethical authority as specified under
Chapter 4732. of the Revised Code who is ascribed as "psychology
trainee," "psychology assistant," "psychology
intern," or other appropriate term that clearly implies their
supervised or training status;

(5)
An unlicensed person holding a doctoral degree in psychology or
special education from a program approved by the department;

(6)
A registered behavior technician as described in rule 5123-9-41 of
the Administrative Code working under the supervision and following
the intervention plan of a certified Ohio behavior analyst or
behavior analyst certified by a nationally recognized organization
that certifies behavior analysts;

(7)
A certified Ohio behavior analyst under Chapter 4783. of the Revised
Code;

(8)
An occupational therapist or physical therapist licensed to practice
in this state under Chapter 4755. of the Revised Code;

(9)
A speech-language pathologist licensed to practice in this state
under Chapter 4753. of the Revised Code;

(10)
An intervention specialist who holds a valid license issued by the
state board;

(11)
A literacy intervention specialist certified through pathways
recognized by the Ohio dyslexia committee established by section
3323.25 of the Revised Code. To the extent that certification for any
of the following positions is approved by the Ohio dyslexia committee
under section 3323.25 of the Revised Code, literary intervention
specialists may include:

(a)
A structured literacy dyslexia interventionist;

(b)
A structured literacy dyslexia specialist;

(c)
A certified academic language practitioner;

(d)
A certified academic language therapist.

(12)

An
educational aide or assistant with a valid permit issued under
section 3319.088 of the Revised Code;

(13)
An instructional assistant with a valid permit issued in accordance
with section 3310.43 of the Revised Code;

(14)

Any
other qualified individual as determined by the department.

(D)

For
billing purposes under the Jon Peterson special needs scholarship
program, services provided by a teacher or substitute teacher
licensed by the state board of education shall be classified as
academic services and shall not be classified as aide services. The
department shall use this differentiation to simplify monthly audit
procedures.

(E)

The
school's or entity's educational program shall be approved by the
department.

(E)
(F)

The school or entity meets applicable health and safety standards
established by law.

(F)
(G)

The school or entity agrees to retain on file documentation as
required by the department.

(G)
(H)

The school or entity agrees to provide a record of the implementation
of the individualized education program for each qualified special
education child enrolled in the school's or entity's special
education program, including evaluation of the child's progress, to
the school district in which the child is entitled to attend school,
in the form and manner prescribed by the department.

(H)
(I)

The school or entity agrees that, if it declines to enroll a
particular qualified special education child, it will notify in
writing the eligible applicant of its reasons for declining to enroll
the child.

Sec.
3310.64.
The
department of education and workforce shall adopt rules in accordance
with Chapter 119. of the Revised Code prescribing procedures
necessary to implement sections 3310.51 to 3310.63 of the Revised
Code including, but not limited to, procedures for parents to apply
for scholarships, standards for registered private providers, and
procedures for registration of private providers.

The
rules also shall specify that intervention services, including
virtual services, under the Jon Peterson special needs scholarship
program may be provided by a qualified, credentialed provider,
including an educator or substitute teacher licensed by the state
board of education, and shall additionally include, but not be
limited to, the credentialed professionals listed in division (C) of
section 3310.58 of the Revised Code.

The
rules also shall specify that supervision of a qualified,
credentialed provider may be conducted virtually.

Sec.
3311.053.
(A)
The boards of education of up to five adjoining educational service
centers may, by identical resolutions adopted by a majority of the
members of each governing board within any sixty-day period, combine
such educational service centers into one educational service center.
The resolutions shall state the name of the new center, which may be
styled as a "joint educational service center." The
resolutions shall also indicate whether the governing board of the
new educational service center is to be formed in accordance with
division (B) of this section, in accordance with division (A) of
section 3311.054 of the Revised Code, or in accordance with section
3311.057 of the Revised Code.

A
copy of each resolution shall be filed with the state board of
education. The new educational service center shall be created and
the governing boards of the participating educational service centers
shall be dissolved and a new governing board established thirty days
after the date on which the last resolution was filed with the state
board.

(B)
The initial members of a new governing board established in
accordance with this division shall be appointed as follows:

(1)
If two educational service centers combine, each center's governing
board, prior to its dissolution, shall appoint two members to the new
governing board and the four members so selected shall select a fifth
member within ten days of the date on which the last of the four
members is appointed.

(2)
If three educational service centers combine, each center's governing
board, prior to its dissolution, shall appoint one member to the new
governing board and the three members so selected shall select the
remaining two members of the governing board within ten days of the
date on which the last of the three members is appointed.

(3)
If four educational service centers combine, each center's governing
board, prior to its dissolution, shall appoint one member to the new
governing board and the four members so selected shall select the
remaining member of the governing board within ten days of the date
on which the last of the four members is appointed.

(4)
If five educational service centers combine, each center's governing
board, prior to its dissolution, shall appoint one member to the new
governing board.

If
the members appointed to a new governing board by the governing
boards of the combining educational service centers are unable to
agree on the selection of the remaining members of the new governing
board within ten days, the probate judge of the county in which the
greatest number of pupils under the supervision of the new
educational service center reside shall appoint the remaining
members.

Electors
of the new educational service center shall elect a new governing
board at the next general election occurring in an odd-numbered year
and more than ninety days after the date of the appointment of the
last member to the initial governing board. Members shall serve for
the duration of the term to which they are elected or until their
successors are elected and qualified. At such election, two members
shall be elected to terms of two years and three members shall be
elected to terms of four years. Thereafter, their successors shall be
elected in the same manner and for the same terms as members of
governing boards of all educational service centers.

Each
candidate for election as a member of the educational service center
governing board shall file a nominating petition in accordance with
section 3513.255 of the Revised Code.

(C)
The funds of each former educational service center shall be paid
over in full to the governing board of the new educational service
center, and the legal title to all property of the former governing
boards shall become vested in the new governing board.

The
governing board of an educational service center created under this
section shall honor all contracts made by the former governing
boards.

Sec.
3311.242.
In
the case of a proposed transfer of school district territory filed
under section 3311.24 of the Revised Code, the state board of
education shall approve a proposed transfer that satisfies all of the
following conditions:

(A)
The territory is being transferred to an adjacent school district.

(B)
The district from which the territory is being transferred has
received an overall performance rating of less than two stars under
division (D)(3) of section 3302.03 of the Revised Code for two or
more consecutive school years.

(C)
No party opposing the proposed transfer has presented to the state
board clear and convincing evidence that any information used to
facilitate the transfer under section 3311.24 of the Revised Code is
incorrect or inaccurate.

Sec.
3311.50.
(A)
As used in this section:

(1)
"County school financing district" means a taxing district
consisting of the following territory:

(a)
The territory that constitutes the educational service center on the
date that the governing board of that educational service center
adopts a resolution under division (B) of this section declaring that
the territory of the educational service center is a county school
financing district, exclusive of any territory subsequently withdrawn
from the district under division (D) of this section;

(b)
Any territory that has been added to the county school financing
district under this section.

A
county school financing district may include the territory of a city,
local, or exempted village school district whose territory also is
included in the territory of one or more other county school
financing districts.

(2)
"The county auditor's
appraised

market

value"
and "effective rate" have the same meanings as in section
5705.01 of the Revised Code.

(B)
The governing board of any educational service center may, by
resolution, declare that the territory of the educational service
center is a county school financing district. The resolution shall
state the purpose for which the county school financing district is
created, which may be for any one or more of the following purposes:

(1)
To levy taxes for the provision of special education by the school
districts that are a part of the district, including taxes for
permanent improvements for special education;

(2)
To levy taxes for the provision of specified educational programs and
services by the school districts that are a part of the district, as
identified in the resolution creating the district, including the
levying of taxes for permanent improvements for those programs and
services. Services financed by the levy may include school safety and
security and mental health services, including training and
employment of or contracting for the services of safety personnel,
mental health personnel, social workers, and counselors.

(3)
To levy taxes for permanent improvements of school districts that are
a part of the district.

The
governing board of the educational service center that creates a
county school financing district shall serve as the taxing authority
of the district and may use educational service center governing
board employees to perform any of the functions necessary in the
performance of its duties as a taxing authority. A county school
financing district shall not employ any personnel.

With
the approval of a majority of the members of the board of education
of each school district within the territory of the county school
financing district, the taxing authority of the financing district
may amend the resolution creating the district to broaden or narrow
the purposes for which it was created.

A
governing board of an educational service center may create more than
one county school financing district. If a governing board of an
educational service center creates more than one such district, it
shall clearly distinguish among the districts it creates by including
a designation of each district's purpose in the district's name.

(C)
A majority of the members of a board of education of a city, local,
or exempted village school district may adopt a resolution requesting
that its territory be joined with the territory of any county school
financing district. Copies of the resolution shall be filed with the
state board of education and the taxing authority of the county
school financing district. Within sixty days of its receipt of such a
resolution, the county school financing district's taxing authority
shall vote on the question of whether to accept the school district's
territory as part of the county school financing district. If a
majority of the members of the taxing authority vote to accept the
territory, the school district's territory shall thereupon become a
part of the county school financing district unless the county school
financing district has in effect a tax imposed under section 5705.215
of the Revised Code. If the county school financing district has such
a tax in effect, the taxing authority shall certify a copy of its
resolution accepting the school district's territory to the school
district's board of education. The board of education and the county
auditor shall proceed in the same manner as required for a tax levy
under section 5705.03 of the Revised Code, except that the levy's
annual collections shall be estimated assuming that the school
district's territory has been added to the county school financing
district. After receipt of the auditor's certification under that
section, the board may adopt a resolution, with the affirmative vote
of a majority of its members, proposing the submission to the
electors of the question of whether the district's territory shall
become a part of the county school financing district and subject to
the taxes imposed by the financing district. The resolution shall set
forth the date on which the question shall be submitted to the
electors, which shall be at a special election held on a date
specified in the resolution, which shall not be earlier than ninety
days after the adoption and certification of the resolution. A copy
of the resolution shall immediately be certified to the board of
elections of the proper county, which shall make arrangements for the
submission of the proposal to the electors of the school district.
The board of the joining district shall publish notice of the
election in a newspaper of general circulation in the county once a
week for two consecutive weeks, or as provided in section 7.16 of the
Revised Code, prior to the election. Additionally, if the board of
elections operates and maintains a web site, the board of elections
shall post notice of the election on its web site for thirty days
prior to the election. The question appearing on the ballot shall
read:

"Shall
the territory within __________ (name of the school district
proposing to join the county school financing district) __________ be
added to __________ (name) __________ county school financing
district, and a property tax for the purposes of _________ (here
insert purposes), that the county auditor estimates will collect
$_____ annually, __________ at a rate not exceeding __________ mills
for each $1 of taxable value, which amounts to $__________ (effective
rate) for each $100,000 of the county auditor's
appraised

market

value,
___________ be in effect for __________ (here insert the number of
years the tax is to be in effect or "a continuing period of
time," as applicable) __________?"

If
the proposal is approved by a majority of the electors voting on it,
the joinder shall take effect on the first day of July following the
date of the election, and the county board of elections shall notify
the county auditor of each county in which the school district
joining its territory to the county school financing district is
located.

(D)
The board of any city, local, or exempted village school district
whose territory is part of a county school financing district may
withdraw its territory from the county school financing district
thirty days after submitting to the governing board that is the
taxing authority of the district and the state board a resolution
proclaiming such withdrawal, adopted by a majority vote of its
members, but any county school financing district tax levied in such
territory on the effective date of the withdrawal shall remain in
effect in such territory until such tax expires or is renewed. No
board may adopt a resolution withdrawing from a county school
financing district that would take effect during the forty-five days
preceding the date of an election at which a levy proposed under
section 5705.215 of the Revised Code is to be voted upon.

(E)
A city, local, or exempted village school district does not lose its
separate identity or legal existence by reason of joining its
territory to a county school financing district under this section
and an educational service center does not lose its separate identity
or legal existence by reason of creating a county school financing
district that accepts or loses territory under this section.

Sec.
3313.27.
At
the expiration of the term of any treasurer of any board of education
or before any board approves the surety of any treasurer, such board
shall require the treasurer to produce all money, bonds, or other
securities in
his

the
treasurer's

hands, which shall then be counted by the board or a committee
thereof
,
or by a representative of the auditor of state
.
A certificate setting forth the exact amount of such money, bonds, or
other securities, and signed by the representatives making such
count, shall be entered upon the records of the board and shall be
prima-facie evidence that the amount therein stated was actually in
the treasury at that date.

Sec.
3313.413.
(A)
As used in this section, "high-performing community school"
means
either

a
community school established under Chapter 3314. of the Revise Code
that meets any
of
the following

conditions
:

(1)

A
community school established under Chapter 3314. of the Revised Code
that meets the following conditions:

(a)
Except as provided in division (A)(1)(b) or (c) of this section, the
school both:

(i)
Has received either a grade of "A," "B," or "C"
for the performance index score under division (C)(1)(b) of section
3302.03 of the Revised Code or a performance rating of three stars or
higher for achievement under division (D)(3)(b) of that section; or
has increased its performance index score under division (C)(1)(b) or
(D)(1)(d) of section 3302.03 of the Revised Code in each of the
previous three years of operation; and

(ii)
Has received either a grade of "A" or "B" for the
value-added progress dimension under division (C)(1)(e) of section
3302.03 of the Revised Code or a performance rating of four stars or
higher for progress under division (D)(3)(c) of that section on its
most recent report card rating issued under that section

Except
as provided for in division (A)(2) or (3) of this section, the
community school does both of the following:

(a)
The school has a higher performance index score than the school
district in which the school is located on the two most recent report
cards issued under section 3302.03 of the Revised Code.

(b)
The school either has a performance rating of four stars or higher
for progress on the most recent report card issued under section
3302.03 of the Revised Code or is a school described under division
(B)(1) of section 3314.35 of the Revised Code and did not receive a
rating for progress on the most recent report card
.

(b)

(2)

If
the
community

school
serves only grades kindergarten through three, the school received

either
a grade of "A" or "B" for making progress in
improving literacy in grades kindergarten through three under
division (C)(1)(g) of section 3302.03 of the Revised Code or
a
performance rating of four stars or higher for early literacy
under
division (D)(3)(e) of that section
on
its most recent report card issued under
that

section

3302.03
of the Revised Code
.

(c)
If the school primarily serves students enrolled in a dropout
prevention and recovery program as described in division (B)(1) of
section 3314.35 of the Revised Code, the school received a rating of
"exceeds standards" on its most recent report card issued
under section 3314.017 of the Revised Code.

(2)
A newly established community school that is implementing a community
school model that has a track record of high-quality academic
performance, as determined by the department of education and
workforce.
(3)
If the community school has not commenced operations or has been in
operation for less than one school year, the school meets the
following conditions:

(a)
The school is replicating an operational and instructional model used
by a community school described in division (A)(1) or (2) of this
section.

(b)
The school either:

(i)
Has an operator that received an overall rating of three stars or
higher, or a "C" or higher, on its most recent performance
report published under section 3314.031 of the Revised Code;

(ii)
Does not have an operator and is sponsored by a sponsor that was
rated "exemplary" or "effective" on its most
recent evaluation conducted under section 3314.016 of the Revised
Code.

(B)
When a school district board of education decides to dispose of real
property it owns in its corporate capacity under section 3313.41 of
the Revised Code, the board shall first offer that property to the
governing authorities of all start-up community schools, the boards
of trustees of any college-preparatory boarding schools, and the
governing bodies of any STEM schools that are located within the
territory of the district. Not later than sixty days after the
district board makes the offer, interested governing authorities,
boards of trustees, and governing bodies shall notify the district
treasurer in writing of the intention to purchase the property.

The
district board shall give priority to the governing authorities of
high-performing community schools that are located within the
territory of the district.

(1)
If more than one governing authority of a high-performing community
school notifies the district treasurer of its intention to purchase
the property pursuant to division (B) of this section, the board
shall conduct a public auction in the manner required for auctions of
district property under division (A) of section 3313.41 of the
Revised Code. Only the governing authorities of high-performing
community schools that notified the district treasurer pursuant to
division (B) of this section are eligible to bid at the auction.

(2)
If no governing authority of a high-performing community school
notifies the district treasurer of its intention to purchase the
property pursuant to division (B) of this section, the board shall
then proceed with the offers from all other start-up community
schools, college-preparatory boarding schools, and STEM schools made
pursuant to that division. If more than one such entity notifies the
district treasurer of its intention to purchase the property pursuant
to division (B) of this section, the board shall conduct a public
auction in the manner required for auctions of district property
under division (A) of section 3313.41 of the Revised Code. Only the
entities that notified the district treasurer pursuant to division
(B) of this section are eligible to bid at the auction.

(3)
If no governing authority, board of trustees, or governing body
notifies the district treasurer of its intention to purchase the
property pursuant to division (B) of this section, the district may
then offer the property for sale in the manner prescribed under
divisions (A) to (F) of section 3313.41 of the Revised Code.

(C)
Notwithstanding anything to the contrary in sections 3313.41 and
3313.411 of the Revised Code, the purchase price of any real property
sold to any of the entities in accordance with division (B) of this
section shall not be more than the appraised fair market value of
that property as determined in an appraisal of the property that is
not more than one year old.

(D)
Not later than the first day of October of each year, the department
of education and workforce shall post in a prominent location on its
web site a list of schools that qualify as high-performing community
schools for purposes of this section and section 3313.411 of the
Revised Code.

Sec.
3313.46.
(A)
In addition to any other law governing the bidding for contracts by
the board of education of any school district, when any such board
determines to build, repair, enlarge, improve, or demolish any
school

building

or
other property
,
the cost of which will exceed the amount specified in section 9.17 of
the Revised Code, except in cases of urgent necessity, or for the
security and protection of school property, and except as otherwise
provided in division (D) of section 713.23 and in section 125.04 of
the Revised Code, all of the following shall apply:

(1)
The board shall cause to be prepared the plans, specifications, and
related information as required in divisions (A)(1), (2), and (3) of
section 153.01 of the Revised Code unless the board determines that
other information is sufficient to inform any bidders of the board's
requirements. However, if the board determines that such other
information is sufficient for bidding a project, the board shall not
engage in the construction of any such project involving the practice
of professional engineering, professional surveying, or architecture,
for which plans, specifications, and estimates have not been made by,
and the construction thereof inspected by, a licensed professional
engineer, licensed professional surveyor, or registered architect.

(2)
The board shall advertise for bids once each week for a period of not
less than two consecutive weeks, or as provided in section 7.16 of
the Revised Code, in a newspaper of general circulation in the
district before the date specified by the board for receiving bids.
The board may also cause notice to be inserted in trade papers or
other publications designated by it or to be distributed by
electronic means, including posting the notice on the board's
internet web site. If the board posts the notice on its web site, it
may eliminate the second notice otherwise required to be published in
a newspaper of general circulation within the school district,
provided that the first notice published in such newspaper meets all
of the following requirements:

(a)
It is published at least two weeks before the opening of bids.

(b)
It includes a statement that the notice is posted on the board of
education's internet web site.

(c)
It includes the internet address of the board's internet web site.

(d)
It includes instructions describing how the notice may be accessed on
the board's internet web site.

(3)
Unless the board extends the time for the opening of bids they shall
be opened at the time and place specified by the board in the
advertisement for the bids.

(4)
Each bid shall contain the name of every person interested therein.
Each bid shall meet the requirements of section 153.54 of the Revised
Code.

(5)
When both labor and materials are embraced in the work bid for, the
board may require that each be separately stated in the bid, with the
price thereof, or may require that bids be submitted without such
separation.

(6)
None but the lowest responsible bid shall be accepted. The board may
reject all the bids, or accept any bid for both labor and material
for such improvement or repair, which is the lowest in the aggregate.
In all other respects, the award of contracts for improvement or
repair, but not for purchases made under section 3327.08 of the
Revised Code, shall be pursuant to section 153.12 of the Revised
Code.

(7)
The contract shall be between the board and the bidders. The board
shall pay the contract price for the work pursuant to sections 153.13
and 153.14 of the Revised Code. The board shall approve and retain
the estimates referred to in section 153.13 of the Revised Code and
make them available to the auditor of state upon request.

(8)
When two or more bids are equal, in the whole, or in any part
thereof, and are lower than any others, either may be accepted, but
in no case shall the work be divided between such bidders.

(9)
When there is reason to believe there is collusion or combination
among the bidders, or any number of them, the bids of those concerned
therein shall be rejected.

(B)
Division (A) of this section does not apply to the board of education
of any school district in any of the following situations:

(1)
The acquisition of educational materials used in teaching.

(2)
If the board determines and declares by resolution adopted by
two-thirds of all its members that any item is available and can be
acquired only from a single source.

(3)
If the board declares by resolution adopted by two-thirds of all its
members that division (A) of this section does not apply to any
installation, modification, or remodeling involved in any energy
conservation measure undertaken through an installment payment
contract under section 3313.372 of the Revised Code or undertaken
pursuant to division (G)(1) of section 133.06 of the Revised Code.

(4)
The acquisition of computer software for instructional purposes and
computer hardware for instructional purposes pursuant to division
(B)(4) of section 3313.37 of the Revised Code.

(C)
No resolution adopted pursuant to division (B)(2) or (3) of this
section shall have any effect on whether sections 153.12 to 153.14
and 153.54 of the Revised Code apply to the board of education of any
school district with regard to any item.

Sec.
3313.489.
(A)
The director of education and workforce shall examine each
five-year

school
district's current budget information and three-year
projection
of revenues and expenditures submitted under section 5705.391 of the
Revised Code and shall determine whether the information contained
therein, together with any other relevant information, indicates that
the district may be financially unable to operate its instructional
program on all days set forth in its adopted school calendars and pay
all obligated expenses during the current fiscal year. If a board of
education has not adopted a school calendar for the school year
beginning on the first day of July of the current fiscal year at the
time an examination is required under this division, the director
shall examine the
five-year

current
budget information and three-year
projection
and determine whether the district may be financially unable to pay
all obligated expenses and operate its instructional program for the
number of days on which instruction was held in the preceding fiscal
year.

(B)
If the director of education and workforce determines pursuant to
division (A) of this section that a school district may be
financially unable to operate its instructional program on all days
required by such division and pay all obligated expenses during the
current fiscal year, the director shall provide written notification
of such determination to the president of the district's board of
education and the auditor of state.

(C)
This section does not apply to a school district declared to be under
a fiscal emergency pursuant to division (B) of section 3316.03 of the
Revised Code.

Sec.
3313.536.
(A)
The superintendent of any school district may afford a student
enrolled in another school district the opportunity to participate in
ice hockey as an interscholastic athletic activity at a school of the
superintendent's district if all of the following conditions apply:

(1)
The school district in which the student is enrolled does not offer
ice hockey as an interscholastic athletic activity.

(2)
The school district in which the student is enrolled is located less
than twenty miles away from the superintendent's school district.

(3)
The superintendents of both school districts enter into an agreement
approving the student's participation in ice hockey at the school
district in which the student is not enrolled.

(B)
A student shall not be required to enroll in the school district that
offers ice hockey as an interscholastic athletic activity or be a
resident of that district to participate in ice hockey at the
district under this section.

(C)
To participate in ice hockey under this section, a student shall be
of the appropriate age and grade level for the school at which the
student participates in ice hockey, as determined by the
superintendent of that school district, and shall fulfill and be
subject to the same academic, nonacademic, and financial requirements
as any other participant, including trying out for a position on the
team.

Sec.
3313.5313.
(A)
As used in this section:

(1)
"Harassment, intimidation, or bullying" has the same
meaning as in section 3313.666 of the Revised Code.

(2)
"Home-educated student" means a student who is receiving
home education in accordance with section 3321.042 of the Revised
Code.

(3)
"Qualifying offense" means any of the following:

(a)
An offense of violence;

(b)
A violation of section 2907.07 of the Revised Code;

(c)
An attempt to commit an offense of violence or a violation of section
2907.07 of the Revised Code.

(4)
"Qualifying school" means a community school established
under Chapter 3314. of the Revised Code, a STEM school established
under Chapter 3326. of the Revised Code, a chartered nonpublic
school, or a nonchartered nonpublic school.

(5)
"Resident district" means the school district in which a
student is entitled to attend school under section 3313.64 or 3313.65
of the Revised Code.

(B)
The superintendent of any school district may afford any
home-educated student

or
any student enrolled in a qualifying school or a different school
district
,
regardless of whether the superintendent's district is the student's
resident district, the opportunity to participate in interscholastic
athletics at a school of the superintendent's district, if the
student was subject to any of the following by a school official,
employee, or volunteer or another student from
the
district or school in which the student is enrolled or
the
district in which the student is participating in interscholastic
athletics under section
3313.537,
3313.5311, or
3313.5312
of the Revised Code:

(1)
Harassment, intimidation, or bullying;

(2)
A qualifying offense, for which the school official, employee, or
volunteer or another student has been either of the following:

(a)
Charged with, indicted for, convicted of, or pled guilty to
committing;

(b)
Alleged to be or is adjudicated a delinquent child for committing.

(3)
Conduct by a school official, employee, or volunteer that violates
the licensure code of professional conduct for Ohio educators
developed by the state board of education.

(C)
The chief administrative officer of any qualifying school may afford
any
student
enrolled in a school district, any student enrolled in a different
qualifying school, or any
home-educated
student the opportunity to participate in interscholastic athletics
at the chief administrative officer's school, if the student was
subject to any of the following by a school official, employee, or
volunteer or another student from
the
district or school in which the student is enrolled or
the
district in which the student is participating in interscholastic
athletics under section
3313.537,
3313.5311, or
3313.5312
of the Revised Code:

(1)
Harassment, intimidation, or bullying;

(2)
A qualifying offense, for which the school official, employee, or
volunteer or another student has been either of the following:

(a)
Charged with, indicted for, convicted of, or pled guilty to
committing;

(b)
Alleged to be or is adjudicated a delinquent child for committing.

(3)
Conduct by a school official, employee, or volunteer that violates
the licensure code of professional conduct for Ohio educators
developed by the state board of education.

(D)

To
participate in interscholastic athletics under this section, a
student who is not a home-educated student shall be of the
appropriate age and grade level, as determined by the superintendent
of the district or the chief administrative officer of the qualifying
school, for the school at which the student participates in
interscholastic athletics and shall fulfill the same academic,
nonacademic, and financial requirements as any other participant.

(E)

Divisions
(C) to (E) of section 3313.5312 of the Revised Code apply to a
home-educated student who participates in interscholastic athletics
at school under this section.

(F)
(E)

No district or school shall impose additional rules on a student to
participate under this section that do not apply to other students
participating in the same interscholastic athletics activity. No
district or school shall impose fees for a student to participate
under this section that exceed any fees charged to other students
participating in the same interscholastic athletics activity.

(G)
(F)

No school district board of education, STEM school governing body, or
governing authority of a community school, chartered nonpublic
school, or nonchartered nonpublic school shall take any action
contrary to the provisions of this section.

(H)
(G)

No school district, interscholastic conference, or organization that
regulates interscholastic conferences or events shall do either of
the following:

(1)
Require a student who is eligible to participate in interscholastic
athletics under this section to meet eligibility requirements that
conflict with this section;

(2)
Penalize or restrict the eligibility to participate in
interscholastic athletics of a student who, during a school year,
ceases to participate in interscholastic athletics at one district or
school and then begins to participate in interscholastic athletics at
a different district or school under this section.

Sec.
3313.603.
(A)
As used in this section:

(1)
"One unit" means a minimum of one hundred twenty hours of
course instruction, except that for a laboratory course, "one
unit" means a minimum of one hundred fifty hours of course
instruction.

(2)
"One-half unit" means a minimum of sixty hours of course
instruction, except that for physical education courses, "one-half
unit" means a minimum of one hundred twenty hours of course
instruction.

(B)
Beginning September 15, 2001, except as required in division (C) of
this section and division (C) of section 3313.614 of the Revised
Code, the requirements for graduation from every high school shall
include twenty units earned in grades nine through twelve and shall
be distributed as follows:

(1)
English language arts, four units;

(2)
Health, one-half unit;

(3)
Mathematics, three units;

(4)
Physical education, one-half unit;

(5)
Science, two units until September 15, 2003, and three units
thereafter, which at all times shall include both of the following:

(a)
Biological sciences, one unit;

(b)
Physical sciences, one unit.

(6)
History and government, one unit, which shall comply with division
(M) of this section and shall include both of the following:

(a)
American history, one-half unit;

(b)
American government, one-half unit.

(7)
Social studies, two units.

Beginning
with students who enter ninth grade for the first time on or after
July 1, 2017, the two units of instruction prescribed by division
(B)(7) of this section shall include at least one-half unit of
instruction in the study of world history and civilizations.

(8)
Elective units, seven units until September 15, 2003, and six units
thereafter.

Each
student's electives shall include at least one unit, or two half
units, chosen from among the areas of business/technology, fine arts,
and/or foreign language.

(C)
Beginning with students who enter ninth grade for the first time on
or after July 1, 2010, except as provided in divisions (D) to (F) of
this section, the requirements for graduation from every public and
chartered nonpublic high school shall include twenty units that are
designed to prepare students for the workforce and college. The units
shall be distributed as follows:

(1)
English language arts, four units;

(2)
Health, one-half unit, which shall include instruction in nutrition
and the benefits of nutritious foods and physical activity for
overall health;

(3)
Mathematics, four units, which shall include one unit of algebra II
or the equivalent of algebra II, or one unit of advanced computer
science as described in the standards adopted pursuant to division
(A)(4) of section 3301.079 of the Revised Code. However, students who
enter ninth grade for the first time on or after July 1, 2015, and
who are pursuing a career-technical instructional track shall not be
required to take algebra II or advanced computer science, and instead
may complete a career-based pathway mathematics course approved by
the department of education and workforce as an alternative.

For
students who choose to take advanced computer science in lieu of
algebra II under division (C)(3) of this section, the school shall
communicate to those students that some institutions of higher
education may require algebra II for the purpose of college
admission. Also, the parent, guardian, or legal custodian of each
student who chooses to take advanced computer science in lieu of
algebra II shall sign and submit to the school a document containing
a statement acknowledging that not taking algebra II may have an
adverse effect on college admission decisions.

A
student may fulfill one unit of mathematics under division (C)(3) of
this section by completing one-half unit of financial literacy
instruction to satisfy the requirement prescribed under division
(C)(9) of this section and one-half unit of a mathematics course. The
one-half unit course in mathematics shall not be in algebra II, or
its equivalent, or a course for which the department requires an
end-of-course examination under section 3301.0712 of the Revised
Code.

Students
who choose to take one unit of advanced computer science in lieu of
algebra II, as described in division (C)(3) of this section, shall
not be permitted to complete one-half unit of financial literacy
instruction to satisfy the mathematics unit requirements of that
division. Instead, those students shall be required to complete the
one-half unit of financial literacy instruction under division (C)(8)
of this section.

(4)
Physical education, one-half unit;

(5)
Science, three units with inquiry-based laboratory experience that
engages students in asking valid scientific questions and gathering
and analyzing information, which shall include the following, or
their equivalent:

(a)
Physical sciences, one unit;

(b)
Life sciences, one unit;

(c)
Advanced study in one or more of the following sciences, one unit:

(i)
Chemistry, physics, or other physical science;

(ii)
Advanced biology or other life science;

(iii)
Astronomy, physical geology, or other earth or space science;

(iv)
Computer science.

No
student shall substitute a computer science course for a life
sciences or biology course under division (C)(5) of this section.

(6)
History and government, one unit, which shall comply with division
(M) of this section and shall include both of the following:

(a)
American history, one-half unit;

(b)
American government, one-half unit.

(7)
Social studies, two units.

Beginning
with students who enter ninth grade for the first time on or after
July 1, 2017, the two units of instruction prescribed by division
(C)(7) of this section shall include at least one-half unit of
instruction in the study of world history and civilizations.

(8)
Five units consisting of one or any combination of foreign language,
fine arts, business, career-technical education, family and consumer
sciences, technology which may include computer science, agricultural
education, a junior reserve officer training corps (JROTC) program
approved by the congress of the United States under title 10 of the
United States Code, or English language arts, mathematics, science,
or social studies courses not otherwise required under division (C)
of this section.

One-half
unit of instruction under division (C)(8) of this section may be
instruction in financial literacy to satisfy the requirement under
division (C)(9) of this section.

(9)(a)
Except as provided in division (C)(9)(b) of this section, for
students who enter ninth grade for the first time on or after July 1,
2022, financial literacy, one-half unit. Each student shall elect to
complete the one-half unit of instruction in financial literacy
either in lieu of one-half unit of instruction in mathematics under
division (C)(3) of this section or an elective under division (C)(8)
of this section. A student may fulfill the financial literacy
instruction requirement under division (C)(9) of this section through
the successful completion of an advanced placement course in
microeconomics or macroeconomics.

(b)
A student attending a nonpublic school accredited through the
independent schools association of the central states or any other
chartered nonpublic school shall not be required to complete the
one-half unit of financial literacy instruction prescribed in
division (C)(9)(a) of this section, unless that student is attending
the school under a state scholarship program as defined in section
3301.0711 of the Revised Code.

The
study and instruction of financial literacy required under division
(C)(9) of this section shall align with the academic content
standards for financial literacy and entrepreneurship adopted under
division (A)(2) of section 3301.079 of the Revised Code. The
instruction provided under an advanced placement course in
microeconomics or macroeconomics shall be considered to be aligned
with those academic content standards. In developing the curriculum
for the study and instruction of financial literacy, schools may use
available public-private partnerships and resources and materials
that exist in business, industry, and through the centers for
economics education at institutions of higher education.

Ohioans
must be prepared to apply increased knowledge and skills in the
workplace and to adapt their knowledge and skills quickly to meet the
rapidly changing conditions of the twenty-first century. National
studies indicate that all high school graduates need the same
academic foundation, regardless of the opportunities they pursue
after graduation. The goal of Ohio's system of elementary and
secondary education is to prepare all students for and seamlessly
connect all students to success in life beyond high school
graduation, regardless of whether the next step is entering the
workforce, beginning an apprenticeship, engaging in post-secondary
training, serving in the military, or pursuing a college degree.

The
requirements for graduation prescribed in division (C) of this
section are the standard expectation for all students entering ninth
grade for the first time at a public or chartered nonpublic high
school on or after July 1, 2010. A student may satisfy this
expectation through a variety of methods, including, but not limited
to, integrated, applied, career-technical, and traditional
coursework.

Stronger
coordination between high schools and institutions of higher
education is necessary to prepare students for more challenging
academic endeavors and to lessen the need for academic remediation in
college, thereby reducing the costs of higher education for Ohio's
students, families, and the state. The department and the chancellor
of higher education shall develop policies to ensure that only in
rare instances will students who complete the requirements for
graduation prescribed in division (C) of this section require
academic remediation after high school.

School
districts, community schools, and chartered nonpublic schools shall
integrate technology into learning experiences across the curriculum
in order to maximize efficiency, enhance learning, and prepare
students for success in the technology-driven twenty-first century.
Districts and schools shall use distance and web-based course
delivery as a method of providing or augmenting all instruction
required under this division, including laboratory experience in
science. Districts and schools shall utilize technology access and
electronic learning opportunities provided by the broadcast
educational media commission, chancellor, the Ohio learning network,
education technology centers, public television stations, and other
public and private providers.

(D)
Except as provided in division (E) of this section, a student who
enters ninth grade on or after July 1, 2010, and before July 1, 2016,
may qualify for graduation from a public or chartered nonpublic high
school even though the student has not completed the requirements for
graduation prescribed in division (C) of this section if all of the
following conditions are satisfied:

(1)
During the student's third year of attending high school, as
determined by the school, the student and the student's parent,
guardian, or custodian sign and file with the school a written
statement asserting the parent's, guardian's, or custodian's consent
to the student's graduating without completing the requirements for
graduation prescribed in division (C) of this section and
acknowledging that one consequence of not completing those
requirements is ineligibility to enroll in most state universities in
Ohio without further coursework.

(2)
The student and parent, guardian, or custodian fulfill any procedural
requirements the school stipulates to ensure the student's and
parent's, guardian's, or custodian's informed consent and to
facilitate orderly filing of statements under division (D)(1) of this
section. Annually, each district or school shall notify the
department of the number of students who choose to qualify for
graduation under division (D) of this section and the number of
students who complete the student's success plan and graduate from
high school.

(3)
The student and the student's parent, guardian, or custodian and a
representative of the student's high school jointly develop a student
success plan for the student in the manner described in division
(C)(1) of section 3313.6020 of the Revised Code that specifies the
student matriculating to a two-year degree program, acquiring a
business and industry-recognized credential, or entering an
apprenticeship.

(4)
The student's high school provides counseling and support for the
student related to the plan developed under division (D)(3) of this
section during the remainder of the student's high school experience.

(5)(a)
Except as provided in division (D)(5)(b) of this section, the student
successfully completes, at a minimum, the curriculum prescribed in
division (B) of this section.

(b)
Beginning with students who enter ninth grade for the first time on
or after July 1, 2014, a student shall be required to complete
successfully, at the minimum, the curriculum prescribed in division
(B) of this section, except as follows:

(i)
Mathematics, four units, one unit which shall be one of the
following:

(I)
Probability and statistics;

(II)
Computer science;

(III)
Applied mathematics or quantitative reasoning;

(IV)
Any other course approved by the department using standards
established by the superintendent not later than October 1, 2014.

(ii)
Elective units, five units;

(iii)
Science, three units as prescribed by division (B) of this section
which shall include inquiry-based laboratory experience that engages
students in asking valid scientific questions and gathering and
analyzing information.

(E)
Each school district and chartered nonpublic school retains the
authority to require an even more challenging minimum curriculum for
high school graduation than specified in division (B) or (C) of this
section. A school district board of education, through the adoption
of a resolution, or the governing authority of a chartered nonpublic
school may stipulate any of the following:

(1)
A minimum high school curriculum that requires more than twenty units
of academic credit to graduate;

(2)
An exception to the district's or school's minimum high school
curriculum that is comparable to the exception provided in division
(D) of this section but with additional requirements, which may
include a requirement that the student successfully complete more
than the minimum curriculum prescribed in division (B) of this
section;

(3)
That no exception comparable to that provided in division (D) of this
section is available.

If
a school district or chartered nonpublic school requires a foreign
language as an additional graduation requirement under division (E)
of this section, a student may apply one unit of instruction in
computer coding to satisfy one unit of foreign language. If a student
applies more than one computer coding course to satisfy the foreign
language requirement, the courses shall be sequential and
progressively more difficult.

(F)
A student enrolled in a dropout prevention and recovery program,
which program has received a waiver from the department, may qualify
for graduation from high school by successfully completing a
competency-based instructional program administered by the dropout
prevention and recovery program in lieu of completing the
requirements for graduation prescribed in division (C) of this
section. The department shall grant a waiver to a dropout prevention
and recovery program, within sixty days after the program applies for
the waiver, if the program meets all of the following conditions:

(1)
The program serves only students not younger than sixteen years of
age and not older than twenty-one years of age.

(2)
The program enrolls students who, at the time of their initial
enrollment, either, or both, are at least one grade level behind
their cohort age groups or experience crises that significantly
interfere with their academic progress such that they are prevented
from continuing their traditional programs.

(3)
The program requires students to attain at least the applicable score
designated for each of the assessments prescribed under division
(B)(1) of section 3301.0710 of the Revised Code or, to the extent
prescribed by rule of the department under division (D)(5) of section
3301.0712 of the Revised Code, division (B)(2) of that section.

(4)
The program develops a student success plan for the student in the
manner described in division (C)(1) of section 3313.6020 of the
Revised Code that specifies the student's matriculating to a two-year
degree program, acquiring a business and industry-recognized
credential, or entering an apprenticeship.

(5)
The program provides counseling and support for the student related
to the plan developed under division (F)(4) of this section during
the remainder of the student's high school experience.

(6)
The program requires the student and the student's parent, guardian,
or custodian to sign and file, in accordance with procedural
requirements stipulated by the program, a written statement asserting
the parent's, guardian's, or custodian's consent to the student's
graduating without completing the requirements for graduation
prescribed in division (C) of this section and acknowledging that one
consequence of not completing those requirements is ineligibility to
enroll in most state universities in Ohio without further coursework.

(7)
Prior to receiving the waiver, the program has submitted to the
department an instructional plan that demonstrates how the academic
content standards adopted by the department under section 3301.079 of
the Revised Code will be taught and assessed.

(8)
Prior to receiving the waiver, the program has submitted to the
department a policy on career advising that satisfies the
requirements of section 3313.6020 of the Revised Code, with an
emphasis on how every student will receive career advising.

(9)
Prior to receiving the waiver, the program has submitted to the
department a written agreement outlining the future cooperation
between the program and any combination of local job training,
postsecondary education, nonprofit, and health and social service
organizations to provide services for students in the program and
their families.

Divisions
(F)(8) and (9) of this section apply only to waivers granted on or
after July 1, 2015.

If
the department does not act either to grant the waiver or to reject
the program application for the waiver within sixty days as required
under this section, the waiver shall be considered to be granted.

(G)
Every high school may permit students below the ninth grade to take
advanced work. If a high school so permits, it shall award high
school credit for successful completion of the advanced work and
shall count such advanced work toward the graduation requirements of
division (B) or (C) of this section if the advanced work was both:

(1)
Taught by a person who possesses a license or certificate issued
under section 3301.071, 3319.22, or 3319.222 of the Revised Code that
is valid for teaching high school;

(2)
Designated by the board of education of the city, local, or exempted
village school district, the board of the cooperative education
school district, or the governing authority of the chartered
nonpublic school as meeting the high school curriculum requirements.

Each
high school shall record on the student's high school transcript all
high school credit awarded under division (G) of this section. In
addition, if the student completed a seventh- or eighth-grade fine
arts course described in division (K) of this section and the course
qualified for high school credit under that division, the high school
shall record that course on the student's high school transcript.

(H)
The department shall make its individual academic career plan
available through its Ohio career information system web site for
districts and schools to use as a tool for communicating with and
providing guidance to students and families in selecting high school
courses.

(I)
A school district or chartered nonpublic school may integrate
academic content in a subject area for which the department has
adopted standards under section 3301.079 of the Revised Code into a
course in a different subject area, including a career-technical
education course, in accordance with guidance for integrated
coursework developed by the department. Upon successful completion of
an integrated course, a student may receive credit for both subject
areas that were integrated into the course. Units earned for subject
area content delivered through integrated academic and
career-technical instruction are eligible to meet the graduation
requirements of division (B) or (C) of this section.

For
purposes of meeting graduation requirements, if an end-of-course
examination has been prescribed under section 3301.0712 of the
Revised Code for the subject area delivered through integrated
instruction, the school district or school may administer the related
subject area examinations upon the student's completion of the
integrated course.

Nothing
in division (I) of this section shall be construed to excuse any
school district, chartered nonpublic school, or student from any
requirement in the Revised Code related to curriculum, assessments,
or the awarding of a high school diploma.

(J)(1)
The department, in consultation with the chancellor, shall adopt a
statewide plan implementing methods for students to earn units of
high school credit based on a demonstration of subject area
competency, instead of or in combination with completing hours of
classroom instruction. The plan shall include a standard method for
recording demonstrated proficiency on high school transcripts. Each
school district and community school shall comply with the
department's plan adopted under this division and award units of high
school credit in accordance with the plan. The department may adopt
existing methods for earning high school credit based on a
demonstration of subject area competency as necessary prior to the
2009-2010 school year.

(2)
The department shall update the statewide plan adopted pursuant to
division (J)(1) of this section to also include methods for students
enrolled in seventh and eighth grade to meet curriculum requirements
based on a demonstration of subject area competency, instead of or in
combination with completing hours of classroom instruction. Beginning
with the 2017-2018 school year, each school district and community
school also shall comply with the updated plan adopted pursuant to
this division and permit students enrolled in seventh and eighth
grade to meet curriculum requirements based on subject area
competency in accordance with the plan.

(3)
The department shall develop a framework for school districts and
community schools to use in granting units of high school credit to
students who demonstrate subject area competency through work-based
learning experiences, internships, or cooperative education.
Beginning with the 2018-2019 school year, each district and community
school shall comply with the framework. Each district and community
school also shall review any policy it has adopted regarding the
demonstration of subject area competency to identify ways to
incorporate work-based learning experiences, internships, and
cooperative education into the policy in order to increase student
engagement and opportunities to earn units of high school credit.

(K)
This division does not apply to students who qualify for graduation
from high school under division (D) or (F) of this section, or to
students pursuing a career-technical instructional track as
determined by the school district board of education or the chartered
nonpublic school's governing authority. Nevertheless, the general
assembly encourages such students to consider enrolling in a fine
arts course as an elective.

Beginning
with students who enter ninth grade for the first time on or after
July 1, 2010, each student enrolled in a public or chartered
nonpublic high school shall complete two semesters or the equivalent
of fine arts to graduate from high school. The coursework may be
completed in any of grades seven to twelve. Each student who
completes a fine arts course in grade seven or eight may elect to
count that course toward the five units of electives required for
graduation under division (C)(8) of this section, if the course
satisfied the requirements of division (G) of this section. In that
case, the high school shall award the student high school credit for
the course and count the course toward the five units required under
division (C)(8) of this section. If the course in grade seven or
eight did not satisfy the requirements of division (G) of this
section, the high school shall not award the student high school
credit for the course but shall count the course toward the two
semesters or the equivalent of fine arts required by this division.

(L)
Notwithstanding anything to the contrary in this section, the board
of education of each school district and the governing authority of
each chartered nonpublic school may adopt a policy to excuse from the
high school physical education requirement each student who, during
high school, has participated in interscholastic athletics, marching
band, show choir, or cheerleading for at least two full seasons or in
the junior reserve officer training corps for at least two full
school years. If the board or authority adopts such a policy, the
board or authority shall not require the student to complete any
physical education course as a condition to graduate. However, the
student shall be required to complete one-half unit, consisting of at
least sixty hours of instruction, in another course of study. In the
case of a student who has participated in the junior reserve officer
training corps for at least two full school years, credit received
for that participation may be used to satisfy the requirement to
complete one-half unit in another course of study.

(M)
It is important that high school students learn and understand United
States history and the governments of both the United States and the
state of Ohio. Therefore, beginning with students who enter ninth
grade for the first time on or after July 1, 2012, the study of
American history and American government required by divisions (B)(6)
and (C)(6) of this section shall include the study of all of the
following documents:

(1)
The Declaration of Independence;

(2)
The Northwest Ordinance;

(3)
The Constitution of the United States with emphasis on the Bill of
Rights;

(4)
The Ohio Constitution.

The
study of each of the documents prescribed in divisions (M)(1) to (4)
of this section shall include study of that document in its original
context.

The
study of American history and government required by divisions (B)(6)
and (C)(6) of this section shall include the historical evidence of
the role of documents such as the Federalist Papers and the
Anti-Federalist Papers to firmly establish the historical background
leading to the establishment of the provisions of the Constitution
and Bill of Rights.

(N)
A student may apply one unit of instruction in computer science to
satisfy one unit of mathematics or one unit of science under division
(C) of this section as the student chooses, regardless of the field
of certification of the teacher who teaches the course, so long as
that teacher meets the licensure requirements prescribed by section
3319.236 of the Revised Code and, prior to teaching the course,
completes a professional development program determined to be
appropriate by the district board.

If
a student applies more than one computer science course to satisfy
curriculum requirements under that division, the courses shall be
sequential and progressively more difficult or cover different
subject areas within computer science.

(O)
Notwithstanding anything to the contrary in this section, the board
of education of each school district and the governing authority of
each chartered nonpublic school may adopt a policy to excuse from the
financial literacy instruction requirement under division (C)(9) of
this section each student who, during high school, participates in a
financial literacy program offered through a student branch, as
defined in section 1733.04 of the Revised Code, or by a bank, as
defined in section 1101.01 of the Revised Code. The policy shall
require the financial literacy program to meet or exceed the academic
content standards and model curriculum for financial literacy and
entrepreneurship instruction adopted under section 3301.079 of the
Revised Code. The policy shall require a student to participate in
the program for the equivalent of at least one-half unit of
instruction to qualify for an exemption under this division.

Not
later than July 1, 2026, the department shall develop and post on its
web site a model policy and guidelines for districts and schools to
use in developing a policy under this division.

Sec.
3313.608.
(A)(1)
Beginning with students who enter third grade in the school year that
starts July 1, 2009, and until June 30, 2013, unless the student is
excused under division (C) of section 3301.0711 of the Revised Code
from taking the assessment described in this section, for any student
who does not attain at least the equivalent level of achievement
designated under division (A)(3) of section 3301.0710 of the Revised
Code on the assessment prescribed under that section to measure skill
in English language arts expected at the end of third grade, each
school district, in accordance with the policy adopted under section
3313.609 of the Revised Code, shall do one of the following:

(a)
Promote the student to fourth grade if the student's principal and
reading teacher agree that other evaluations of the student's skill
in reading demonstrate that the student is academically prepared to
be promoted to fourth grade;

(b)
Promote the student to fourth grade but provide the student with
intensive intervention services in fourth grade;

(c)
Retain the student in third grade.

(2)
Beginning with students who enter third grade in the 2013-2014 school
year, unless the student is excused under division (C) of section
3301.0711 of the Revised Code from taking the assessment described in
this section, no school district shall promote to fourth grade any
student who does not attain at least the equivalent level of
achievement designated under division (A)(3) of section 3301.0710 of
the Revised Code on the assessment prescribed under that section to
measure skill in English language arts expected at the end of third
grade, unless one of the following applies:

(a)
The student is an English learner who has been enrolled in United
States schools for less than three full school years and has had less
than three years of instruction in an English as a second language
program.

(b)
The student is a child with a disability entitled to special
education and related services under Chapter 3323. of the Revised
Code and the student's individualized education program exempts the
student from retention under this division.

(c)
The student demonstrates an acceptable level of performance on an
alternative standardized reading assessment as determined by the
department of education and workforce.

(d)
All of the following apply:

(i)
The student is a child with a disability entitled to special
education and related services under Chapter 3323. of the Revised
Code.

(ii)
The student has taken the third grade English language arts
achievement assessment prescribed under section 3301.0710 of the
Revised Code.

(iii)
The student's individualized education program or plan under section
504 of the "Rehabilitation Act of 1973," 87 Stat. 355, 29
U.S.C. 794, as amended, shows that the student has received intensive
remediation in reading for two school years but still demonstrates a
deficiency in reading.

(iv)
The student previously was retained in any of grades kindergarten to
three.

(e)(i)
The student received intensive remediation for reading for two school
years but still demonstrates a deficiency in reading and was
previously retained in any of grades kindergarten to three.

(ii)
A student who is promoted under division (A)(2)(e)(i) of this section
shall continue to receive intensive reading instruction in grade
four. The instruction shall include an altered instructional day that
includes specialized diagnostic information and specific
research-based reading strategies for the student that have been
successful in improving reading among low-performing readers.

(f)
A student's parent or guardian, in consultation with the student's
reading teacher and building principal, requests that the student,
regardless of if the student is reading at grade level, be promoted
to the fourth grade.

A
student who is promoted under division (A)(2)(f) of this section
shall continue to receive intensive reading instruction in the same
manner as a student retained under this section until the student is
able to read at grade level.

(B)(1)
Beginning in the 2012-2013 school year, to assist students in meeting
the third grade guarantee established by this section, each school
district board of education shall adopt policies and procedures with
which it annually shall assess the reading skills of each student
,
except those students with significant cognitive disabilities or
other disabilities as authorized by the department on a case-by-case
basis,
enrolled
in kindergarten to third grade and shall identify students who are
reading below their grade level. The reading skills assessment shall
be completed by the thirtieth day of September

for
students in grades one to three, and by the twentieth day of
instruction of the school year for students in kindergarten
.
Each district shall use
the

a

diagnostic
assessment
to
measure reading ability
for
the appropriate grade level adopted
or
approved
under
section 3301.079 of the Revised Code
,
or a comparable tool approved by the department of education and
workforce,

to identify such students. The policies and procedures shall require
the students' classroom teachers to be involved in the assessment and
the identification of students reading below grade level. The
assessment may be administered electronically using live, two-way
video and audio connections whereby the teacher administering the
assessment may be in a separate location from the student.

(2)
For each student identified by the diagnostic assessment prescribed
under this section as having reading skills below grade level, the
district shall do both of the following:

(a)
Provide to the student's parent or guardian, in writing, all of the
following:

(i)
Notification that the student has been identified as having a
substantial deficiency in reading;

(ii)
A description of the current services that are provided to the
student;

(iii)
A description of the proposed supplemental instructional services and
supports that will be provided to the student that are designed to
remediate the identified areas of reading deficiency;

(iv)
Notification that if the student attains a score in the range
designated under division (A)(3) of section 3301.0710 of the Revised
Code on the assessment prescribed under that section to measure skill
in English language arts expected at the end of third grade, the
student shall be retained unless the student is exempt under division
(A) of this section. The notification shall specify that the
assessment under section 3301.0710 of the Revised Code is not the
sole determinant of promotion and that additional evaluations and
assessments are available to the student to assist parents and the
district in knowing when a student is reading at or above grade level
and ready for promotion.

(v)
A statement that connects the child's proficiency level in reading to
long-term outcomes of success related to proficiency in reading.

(b)
Provide intensive reading instruction services and regular diagnostic
assessments to the student immediately following identification of a
reading deficiency until the development of the reading improvement
and monitoring plan required by division (C) of this section. These
intervention services shall be aligned with the science of reading as
defined under section 3313.6028 of the Revised Code and include
research-based reading strategies that have been shown to be
successful in improving reading among low-performing readers and
instruction targeted at the student's identified reading
deficiencies.

(3)
For each student retained under division (A) of this section, the
district shall do all of the following:

(a)
Provide intense remediation services until the student is able to
read at grade level. The remediation services shall include intensive
interventions in reading that address the areas of deficiencies
identified under this section including, but not limited to, not less
than ninety minutes of reading instruction per day, and may include
any of the following:

(i)
Small group instruction;

(ii)
Reduced teacher-student ratios;

(iii)
More frequent progress monitoring;

(iv)
Tutoring or mentoring;

(v)
Transition classes containing third and fourth grade students;

(vi)
Extended school day, week, or year;

(vii)
Summer reading camps.

(b)
Establish a policy for the mid-year promotion of a student retained
under division (A) of this section who demonstrates that the student
is reading at or above grade level;

(c)
Provide each student with a teacher who satisfies one or more of the
criteria set forth in division (H) of this section.

The
district shall offer the option for students to receive applicable
services from one or more providers other than the district.
Providers shall be screened and approved by the district or the
department of education and workforce. If the student participates in
the remediation services and demonstrates reading proficiency in
accordance with standards adopted by the department prior to the
start of fourth grade, the district shall promote the student to that
grade.

(4)
For each student retained under division (A) of this section who has
demonstrated proficiency in a specific academic ability field, each
district shall provide instruction commensurate with student
achievement levels in that specific academic ability field.

As
used in this division, "specific academic ability field"
has the same meaning as in section 3324.01 of the Revised Code.

(C)
For each student required to be provided intervention services under
this section, the district shall develop a reading improvement and
monitoring plan within sixty days after receiving the student's
results on the diagnostic assessment
or
comparable tool
administered
under division (B)(1) of this section. The district shall involve the
student's parent or guardian and classroom teacher in developing the
plan. The plan shall include all of the following:

(1)
Identification of the student's specific reading deficiencies;

(2)
A description of the additional instructional services and support
that will be provided to the student to remediate the identified
reading deficiencies;

(3)
Opportunities for the student's parent or guardian to be involved in
the instructional services and support described in division (C)(2)
of this section;

(4)
A process for monitoring the extent to which the student receives the
instructional services and support described in division (C)(2) of
this section;

(5)
A reading curriculum during regular school hours that does all of the
following:

(a)
Assists students to read at grade level;

(b)
Provides scientifically based and reliable assessment;

(c)
Provides initial and ongoing analysis of each student's reading
progress.

(6)
A statement that if the student does not attain at least the
equivalent level of achievement designated under division (A)(3) of
section 3301.0710 of the Revised Code on the assessment prescribed
under that section to measure skill in English language arts expected
by the end of third grade, the student may be retained in third
grade.

(7)

High-dosage

The
provision of high-dosage
tutoring

opportunities

aligned
with the student's classroom instruction through a state-approved
vendor on the list of high-quality tutoring vendors under section
3301.136 of the Revised Code or a locally approved
opportunity

program

that
aligns with high-dosage tutoring best practices

identified
by the department
.
High-dosage tutoring
opportunities

shall
include
additional

instruction
time of at least three days per week, or at least fifty hours over
thirty-six weeks.
High-dosage
tutoring may be incorporated into a student's regular classroom
instruction.

The
district shall continue to provide the plan developed under division
(C) of this section until the student achieves the required level of
skill in reading for the student's current grade level.

Each
student with a reading improvement and monitoring plan under this
division who enters third grade after July 1, 2013, shall be assigned
to a teacher who satisfies one or more of the criteria set forth in
division (H) of this section.

The
district shall report any information requested by the department
about the reading improvement monitoring plans developed under this
division in the manner required by the department.

(D)
Each school district shall report annually to the department on its
implementation and compliance with this section using guidelines
prescribed by the department. The director of education and workforce
annually shall report to the governor and general assembly the number
and percentage of students in grades kindergarten through four
reading below grade level based on the diagnostic assessments
administered under division (B) of this section and the achievement
assessments administered under divisions (A)(1)(a) and (b) of section
3301.0710 of the Revised Code in English language arts, aggregated by
school district and building; the types of intervention services
provided to students; and, if available, an evaluation of the
efficacy of the intervention services provided.

(E)
Any summer remediation services funded in whole or in part by the
state and offered by school districts to students under this section
shall meet the following conditions:

(1)
The remediation methods are based on reliable educational research.

(2)
The school districts conduct assessment before and after students
participate in the program to facilitate monitoring results of the
remediation services.

(3)
The parents of participating students are involved in programming
decisions.

(F)
Any intervention or remediation services required by this section
shall include intensive, explicit, and systematic instruction.

(G)
This section does not create a new cause of action or a substantive
legal right for any person.

(H)(1)
Except as provided under divisions (H)(2), (3), and (4) of this
section, each student described in division (B)(3) or (C) of this
section who enters third grade for the first time on or after July 1,
2013, shall be assigned a teacher who has at least one year of
teaching experience and who satisfies one or more of the following
criteria:

(a)
The teacher holds a reading endorsement on the teacher's license and
has attained a passing score on the corresponding assessment for that
endorsement, as applicable.

(b)
The teacher has completed a master's degree program with a major in
reading.

(c)
The teacher was rated "most effective" for reading
instruction consecutively for the most recent two years based on
assessments of student growth measures developed by a vendor and that
is on the list of student assessments approved by the department
under division (B)(2) of section 3319.112 of the Revised Code.

(d)
The teacher was rated "above expected value added," in
reading instruction, as determined by criteria established by the
department, for the most recent, consecutive two years.

(e)
The teacher has earned a passing score on a rigorous test of
principles of scientifically research-based reading instruction as
approved by the department.

(f)
The teacher holds an educator license for teaching grades
pre-kindergarten through three or four through nine issued on or
after July 1, 2017.

(2)
Notwithstanding division (H)(1) of this section, a student described
in division (B)(3) or (C) of this section who enters third grade for
the first time on or after July 1, 2013, may be assigned to a teacher
with less than one year of teaching experience provided that the
teacher meets one or more of the criteria described in divisions
(H)(1)(a) to (f) of this section and that teacher is assigned a
teacher mentor who meets the qualifications of division (H)(1) of
this section.

(3)
Notwithstanding division (H)(1) of this section, a student described
in division (B)(3) or (C) of this section who enters third grade for
the first time on or after July 1, 2013, but prior to July 1, 2016,
may be assigned to a teacher who holds an alternative credential
approved by the department or who has successfully completed training
that is based on principles of scientifically research-based reading
instruction that has been approved by the department. The alternative
credentials and training described in division (H)(3) of this section
shall be aligned with the reading competencies adopted by the
department of education and workforce under section 3301.077 of the
Revised Code.

(4)
Notwithstanding division (H)(1) of this section, a student described
in division (B)(3) or (C) of this section who enters third grade for
the first time on or after July 1, 2013, may receive reading
intervention or remediation services under this section from an
individual employed as a speech-language pathologist who holds a
license issued by the state speech and hearing professionals board
under Chapter 4753. of the Revised Code and a registration under
section 3319.221 of the Revised Code.

(5)
A teacher, other than a student's teacher of record, may provide any
services required under this section, so long as that other teacher
meets the requirements of division (H) of this section and the
teacher of record and the school principal agree to the assignment.
Any such assignment shall be documented in the student's reading
improvement and monitoring plan.

As
used in this division, "teacher of record" means the
classroom teacher to whom a student is assigned.

(I)
Notwithstanding division (H) of this section, a teacher may teach
reading to any student who is an English language learner, and has
been in the United States for three years or less, or to a student
who has an individualized education program developed under Chapter
3323. of the Revised Code if that teacher holds an alternative
credential approved by the department or has successfully completed
training that is based on principles of scientifically research-based
reading instruction that has been approved by the department. The
alternative credentials and training described in this division shall
be aligned with the reading competencies adopted by the department of
education and workforce under section 3301.077 of the Revised Code.

(J)
If, on or after June 4, 2013, a school district or community school
cannot furnish the number of teachers needed who satisfy one or more
of the criteria set forth in division (H) of this section for the
2013-2014 school year, the school district or community school shall
develop and submit a staffing plan by June 30, 2013. The staffing
plan shall include criteria that will be used to assign a student
described in division (B)(3) or (C) of this section to a teacher,
credentials or training held by teachers currently teaching at the
school, and how the school district or community school will meet the
requirements of this section. The school district or community school
shall post the staffing plan on its web site for the applicable
school year.

Not
later than March 1, 2014, and on the first day of March in each year
thereafter, a school district or community school that has submitted
a plan under this division shall submit to the department a detailed
report of the progress the district or school has made in meeting the
requirements under this section.

A
school district or community school may request an extension of a
staffing plan beyond the 2013-2014 school year. Extension requests
must be submitted to the department not later than the thirtieth day
of April prior to the start of the applicable school year. The
department may grant extensions valid through the 2015-2016 school
year.

(K)
The department of education and workforce shall designate one or more
staff members to provide guidance and assistance to school districts
and community schools in implementing the third grade guarantee
established by this section, including any standards or requirements
adopted to implement the guarantee and to provide information and
support for reading instruction and achievement.

Sec.
3313.609.
(A)
As used in this section
:

(1)
"Truant" means absent without excuse.

(2)
"Academically prepared"
,
"academically prepared"
means
whatever educational standard the board of education of each city,
exempted village, local, and joint vocational school district
establishes as necessary for the promotion of a student to the next
grade level pursuant to the policy adopted under division (B) of this
section.

(B)
The board of education of each city, exempted village, local, and
joint vocational school district shall adopt a grade promotion and
retention policy for students that complies with this section and
section 3313.608 of the Revised Code. The policy shall prohibit the
promotion of a student to the next grade level if the student
has
been truant for more than ten per cent of the required attendance
days of the current school year and
has
failed two or more of the required curriculum subject areas in the
current grade unless the student's principal and the teachers of any
failed subject areas agree that the student is academically prepared
to be promoted to the next grade level.

Sec.
3313.6013.
(A)
As used in this section, "advanced standing program" means
a program that enables a student to earn credit toward a degree from
an institution of higher education while enrolled in high school or
that enables a student to complete coursework while enrolled in high
school that may earn credit toward a degree from an institution of
higher education upon the student's attainment of a specified score
on an examination covering the coursework. Advanced standing programs
may include any of the following:

(1)
The college credit plus program established under Chapter 3365. of
the Revised Code;

(2)
Advanced placement courses;

(3)
International baccalaureate diploma courses;

(4)
Early college high school programs
;

(5)
Courses that comply with the career-technical education credit
transfer criteria, policies, and procedures established under section
3333.162 of the Revised Code;

(6)
The college-level examination program
.

(B)
Each city, local, exempted village, and joint vocational school
district and each chartered nonpublic high school shall provide
students enrolled in grades nine through twelve with the opportunity
to participate in an advanced standing program. For this purpose,
each school district and chartered nonpublic high school shall offer
at least one advanced standing program in accordance with division
(B)(1) or (2) of this section, as applicable.

(1)
A city, local, or exempted village school district meets the
requirements of this division through its mandatory participation in
the college credit plus program established under Chapter 3365. of
the Revised Code. However, a city, local, or exempted village school
district may offer any other advanced standing program, in addition
to the college credit plus program, and each joint vocational school
district shall offer at least one other advanced standing program, to
students in good standing, as defined by the partnership for
continued learning under section 3301.42 of the Revised Code as it
existed prior to October 16, 2009, or as subsequently defined by the
department of education and workforce.

(2)
A chartered nonpublic high school that elects to participate in the
college credit plus program established under Chapter 3365. of the
Revised Code meets the requirements of this division. Each chartered
nonpublic high school that elects not to participate in the college
credit plus program instead shall offer at least one other advanced
standing program to students in good standing, as defined by the
partnership for continued learning under section 3301.42 of the
Revised Code as it existed prior to October 16, 2009, or as
subsequently defined by the department of education and workforce.

(C)
Each school district and each chartered nonpublic high school, at
least annually, shall provide information about the advanced standing
programs offered by the district or school to all students enrolled
in grades six through eleven. The district or school shall include
information about all of the following:

(1)
The process colleges and universities use in awarding credit for
advanced placement and international baccalaureate courses and
examinations, including minimum scores required by state institutions
of higher education, as defined in section 3345.011 of the Revised
Code, for a student to receive college credit;

(2)
The availability of tuition and fee waivers for advanced placement
and international baccalaureate courses and examinations;

(3)
The availability of online advanced placement or international
baccalaureate courses, including those that may be available at no
cost;

(4)
The benefits of earning postsecondary credit through advanced
placement or international baccalaureate courses;

(5)
The availability of advanced placement or international baccalaureate
courses offered throughout the district.

The
district or school may include additional information as determined
appropriate by the district or school.

(D)
Except as provided for in Chapter 3365. of the Revised Code, no city,
local, exempted village, and joint vocational school district shall
charge an enrolled student an additional fee or tuition for
participation in any advanced standing program offered by the
district. Students may be required to pay the costs associated with
taking an advanced placement or international baccalaureate
examination.

(E)
Any agreement between a school district or school and an associated
college governing the operation of an early college high school
program shall be exempt from the requirements of the college credit
plus program, provided the program meets the definition set forth in
division (F)(2) of this section and is approved by the director of
education and workforce and the chancellor of higher education.

The
college credit plus program also shall not govern any advanced
placement course or international baccalaureate diploma course as
described under this section.

(F)
As used in this section:

(1)
"Associated college" means a public or private college, as
defined in section 3365.01 of the Revised Code, which has entered
into an agreement with a school district or school to establish an
early college high school program, as described in division (F)(2) of
this section, and awards transcripted credit, as defined in section
3365.01 of the Revised Code, to students through that program.

(2)
"Early college high school program" means a partnership
between at least one school district or school and at least one
institution of higher education that allows participants to
simultaneously complete requirements toward earning a regular high
school diploma and have the opportunity to earn not less than
twenty-four credits that are transferable to the institutions of
higher education in the partnership as part of an organized course of
study toward a post-secondary degree or credential at no cost to the
participant or participant's family. The program also shall
prioritize the following students:

(a)
Students who are underrepresented in regard to completing
post-secondary education;

(b)
Students who are economically disadvantaged, as defined by the
department of education and workforce;

(c)
Students whose parents did not earn a college degree.

Sec.
3313.6022.
(A)
As used in this section, "released time" means a period of
time during which a student is excused from school to attend a course
in religious instruction conducted by a private entity off school
district property.

(B)
A school district board of education shall adopt a policy that
authorizes a student to be excused from school to attend a released
time course in religious instruction

for
at least one period per week
,
provided that each of the following applies:

(1)
The student's parent or guardian gives written consent.

(2)
The sponsoring entity maintains attendance records and makes them
available to the school district the student attends.

(3)
Transportation to and from the place of instruction, including
transportation for students with disabilities, is the complete
responsibility of the sponsoring entity, parent, guardian, or
student.

(4)
The sponsoring entity makes provisions for and assumes liability for
the student.

(5)
No public funds are expended and no public school personnel are
involved in providing the religious instruction.

(6)
The student assumes responsibility for any missed schoolwork.

While
in attendance in a released time course in religious instruction, a
student shall not be considered absent from school. No student may be
released from a core curriculum subject course to attend a religious
instruction course.

(C)
A school district board of education shall collaborate with a
sponsoring entity of a released time course in religious instruction
to identify a time to offer the course during the school day.

(D)

A
policy adopted under division (B) of this section shall not prohibit
students from bringing external educational and program materials
into school.

(E)
A policy adopted under division (B) of this section shall not exceed
either of the following:

(1)
For students in an elementary or middle school, two periods in total
per week;

(2)
For students in high school, the amount of time that is equivalent to
attending two units of high school credit per week.

(F)

A
policy adopted under division (B) of this section may authorize high
school students to earn up to two units of high school credit for the
completion of a released time course in religious instruction. In
determining whether to award credit for completion of such a course,
the board shall evaluate the course based on purely secular criteria
that are substantially the same criteria used to evaluate similar
nonpublic high school courses for purposes of determining whether to
award credit for such courses to a student transferring from a
nonpublic high school to a public high school. However, there shall
be no criteria requiring that released time courses be completed only
at a nonpublic school. The decision to award credit for a released
time course of religious instruction shall be neutral to, and shall
not involve any test for, religious content or denominational
affiliation.

For
purposes of this division, secular criteria may include, but are not
limited to, the following:

(1)
The number of hours of classroom instruction time;

(2)
A review of the course syllabus that reflects course requirements and
materials used;

(3)
The methods of assessment used in the course;

(4)
The qualifications of the course instructor, which shall be similar
to the qualifications of other teachers within the district.

Notwithstanding
division (C)(8) of section 3313.603 of the Revised Code, high school
credit awarded to a student for a released time course in religious
instruction may substitute for the same amount of credit in subjects
listed in that division.

(E)
(G)

A school district, member of a school district board of education, or
school district employee is not liable in damages in a civil action
for injury allegedly arising during a student's transportation to or
from a place of instruction when private transportation is used under
a released time policy adopted under this section. This division does
not eliminate, limit, or reduce any other immunity or defense that a
school district, member of a school district board of education, or
school district employee may be entitled to under Chapter 2744. or
any other provision of the Revised Code or under the common law of
this state.

Sec.
3313.6028.
(A)(1)
As used in Title XXXIII of the Revised Code, "science of
reading" means an interdisciplinary body of scientific evidence
that:

(a)
Informs how students learn to read and write proficiently;

(b)
Explains why some students have difficulty with reading and writing;

(c)
Indicates that all students benefit from explicit and systematic
instruction in phonemic awareness, phonics, vocabulary, fluency,
comprehension, and writing to become effective readers;

(d)
Does not rely on any model of teaching students to read based on
meaning, structure and syntax, and visual cues, including a
three-cueing approach.

(2)
As used in this section, "three-cueing approach" means any
model of teaching students to read based on meaning, structure and
syntax, and visual cues.

(B)
The department of education and workforce shall establish a list of
high-quality core curriculum and instructional materials in English
language arts,

and
a list of evidence-based reading intervention programs, that are
aligned with the science of reading and strategies for effective
literacy instruction.

(C)
Beginning not later than the 2024-2025 school year, each school
district, community school established under Chapter 3314. of the
Revised Code, and STEM school established under Chapter 3326. of the
Revised Code, shall use core curriculum and instructional materials
in English language arts
in
each of grades pre-kindergarten to five
and
evidence-based reading intervention programs
in
each of grades pre-kindergarten to twelve
only
from the lists established under division (B) of this section. Except
as provided in division (D) of this section, no district or school
shall use any core curriculum, instructional materials, or
intervention program in grades pre-kindergarten to five that use the
three-cueing approach to teach students to read.

(D)
A district or school may apply to the department for a waiver on an
individual student basis to use curriculum, instructional materials,
or an intervention program in grades pre-kindergarten through five
that uses the three-cueing approach to teach students to read, except
as follows:

(1)
No student for whom a reading improvement and monitoring plan has
been developed under division (C) of section 3313.608 of the Revised
Code shall be eligible for a waiver.

(2)
If a student has an individualized education program that explicitly
indicates the three-cueing approach is appropriate for the student's
learning needs, the student shall not be required to have a waiver.

In
determining whether to approve a waiver requested under this section,
the department shall consider the performance of the student's
district or school on the state report card issued under section
3302.03 of the Revised Code, including on the early literacy
component prescribed under division (D)(3)(e) of that section.

(E)(1)
The department shall identify vendors that provide professional
development to educators, including pre-service teachers and faculty
employed by educator preparation programs, on the use of high-quality
core curriculum and instructional materials and reading intervention
programs on the lists established under division (B) of this section.

(2)
A professional development committee established under section
3319.22 of the Revised Code shall qualify any completed professional
development coursework provided by a vendor described in division
(E)(1) of this section to count towards professional development
coursework requirements for teacher licensure renewal.

(3)
A professional development committee shall permit a teacher to apply
any hours earned over the minimum amount of hours required for
professional development coursework for teacher licensure renewal
under division (E)(2) of this section to the next renewal period for
that license.

Sec.
3313.6031.
(A)
As used in this section, "other high school" means any of
the following that offers any of grades nine through twelve:

(1)
A community school established under Chapter 3314. of the Revised
Code;

(2)
A STEM school established under Chapter 3326. of the Revised Code;

(3)
A chartered nonpublic school.

(B)
Each city, local, exempted village, and joint vocational school
district and other high school that has students enrolled in courses
that comply with the career-technical education credit transfer
criteria, policies, and procedures established under section 3333.162
of the Revised Code shall adopt and implement a policy for the
awarding of grades and the calculation of class standing for those
courses.

A
district's or school's policy under this section shall be equivalent
to the district's or school's policy for courses taken under the
advanced standing programs described in divisions (A)(1) to (3) of
section 3313.6013 of the Revised Code or for other courses designated
as honors courses by the district or school, including procedures for
awarding a weighted grade or enhancing a student's class standing for
those courses.

Sec.
3313.6032.
(A)
As used in this section, "advanced learning opportunities in
mathematics" or "advanced mathematics course" means
learning opportunities or a course that provides academic content or
rigor that exceeds the standard mathematics curriculum for the
student's grade level, including a mathematics course that is two
grade levels above the student's current grade level, as determined
by the district.

(B)
Except as otherwise provided in division (C) of this section, each
city, local, exempted village, and joint-vocational school district
shall provide each student that achieves an advanced level of skill
on a mathematics achievement assessment as prescribed under section
3301.0710 or end-of-course examination under section 3301.0712 of the
Revised Code with advanced learning opportunities in mathematics
including advanced mathematics courses in the following school year.
Each student shall take any corresponding required achievement
assessment or end-of-course examination for any mathematics course
the student takes under those sections.

(C)(1)
No school district is subject to division (B) of this section if it
does not offer the advanced learning opportunities in mathematics or
an advanced mathematics course for the grade level in which the
student is enrolled for the next school year.

(2)
Each school district shall notify the parent or guardian of a student
who qualifies for advanced learning opportunities in mathematics
under division (B) of this section of that determination. The parent
or guardian of any such student may submit a written request for that
student to not receive the advanced learning opportunities in
mathematics or to not be enrolled in the advanced mathematics course.
In which case, the district shall not be required to provide that
student with advanced mathematics instruction under division (B) of
this section.

Sec.
3313.618.
(A)
In addition to the curriculum requirements specified by the board of
education of a school district or governing authority of a chartered
nonpublic school, each student entering ninth grade for the first
time on or after July 1, 2014, but prior to July 1, 2019, shall
satisfy at least one of the following conditions or the conditions
prescribed under division (B) of this section in order to qualify for
a high school diploma:

(1)
Be remediation-free, in accordance with standards adopted under
division (F) of section 3345.061 of the Revised Code, on each of the
nationally standardized assessments in English, mathematics, and
reading;

(2)
Attain a score specified under division (B)(5)(c) of section
3301.0712 of the Revised Code on the end-of-course examinations
prescribed under division (B) of section 3301.0712 of the Revised
Code.

(3)
Attain a score that demonstrates workforce readiness and
employability on a nationally recognized job skills assessment
selected by the department of education and workforce under division
(F) of section 3301.0712 of the Revised Code and obtain either an
industry-recognized credential or a license issued by a state agency
or board for practice in a vocation that requires an examination for
issuance of that license.

For
the purposes of this division, the industry-recognized credentials
and licenses shall be as approved under section 3313.6113 of the
Revised Code.

A
student may choose to qualify for a high school diploma by satisfying
any of the separate requirements prescribed by divisions (A)(1) to
(3) of this section. If the student's school district or school does
not administer the examination prescribed by one of those divisions
that the student chooses to take to satisfy the requirements of this
section, the school district or school may require that student to
arrange for the applicable scores to be sent directly to the district
or school by the company or organization that administers the
examination.

(B)
In addition to the curriculum requirements specified by the district
board or school governing authority, each student entering ninth
grade for the first time on or after July 1, 2019, shall satisfy the
following conditions in order to qualify for a high school diploma:

(1)
Attain a competency score as determined under division (B)(10) of
section 3301.0712 of the Revised Code on each of the Algebra I and
English language arts II end-of-course examinations prescribed under
division (B)(2) of section 3301.0712 of the Revised Code.

School
districts and chartered nonpublic schools shall offer remedial
support to any student who fails to attain a competency score on one
or both of the Algebra I and English language arts II end-of-course
examinations.

Following
the first administration of the exam, if a student fails to attain a
competency score on one or both of the Algebra I and English language
arts II end-of-course examinations that student must retake the
respective examination at least once.

If
a student fails to attain a competency score on a retake examination,
the student may demonstrate competency in the failed subject area
through one of the following options:

(a)
Earn course credit taken through the college credit plus program
established under Chapter 3365. of the Revised Code in the failed
subject area;

(b)
Complete two of the following options, one of which must be
foundational:

(i)
Foundational options to demonstrate competency, which include

earning
a cumulative score of proficient or higher on three or more state
technical assessments aligned with section 3313.903 of the Revised
Code in a single career pathway, obtaining an industry-recognized
credential, or group of credentials, approved under section 3313.6113
of the Revised Code that
is
at least equal to the total number of points
meet
the criteria
established
under that section to qualify for a high school diploma, obtaining a
license approved under section 3313.6113 of the Revised Code that is
issued by a state agency or board for practice in a vocation that
requires an examination for issuance of that license, completing a
pre-apprenticeship aligned with options established under section
3313.904 of the Revised Code in the student's chosen career field,
completing an apprenticeship registered with the apprenticeship
council established under section 4139.02 of the Revised Code in the
student's chosen career field, or providing evidence of acceptance
into an apprenticeship program after high school that is restricted
to participants eighteen years of age or older;

(ii)
Supporting options to demonstrate competency, which include
completing two hundred fifty hours of a work-based learning
experience with evidence of positive evaluations, obtaining an
OhioMeansJobs-readiness seal under section 3313.6112 of the Revised
Code, or attaining a workforce readiness score, as determined by the
department, on the nationally recognized job skills assessment
selected by the department under division (F) of section 3301.0712 of
the Revised Code.

(c)
Provide evidence that the student has enlisted in a branch of the
armed services of the United States as defined in section 5910.01 of
the Revised Code.

(d)
Be remediation-free, in accordance with standards adopted under
division (F) of section 3345.061 of the Revised Code, in the failed
subject area on a nationally standardized assessment prescribed under
division (B)(1) of section 3301.0712 of the Revised Code. For English
language arts II, a student must be remediation-free in the subjects
of English and reading on the nationally standardized assessment.

Subject
to division (L)(2) of section 3313.61 of the Revised Code, for any
students receiving special education and related services under
Chapter 3323. of the Revised Code, the individualized education
program developed for the student under that chapter shall specify
the manner in which the student will participate in the assessments
administered under this division or an alternate assessment in
accordance with division (C)(1) of section 3301.0711 of the Revised
Code.

(2)
Earn at least two of the state diploma seals prescribed under
division (A) of section 3313.6114 of the Revised Code, at least one
of which shall be any of the following:

(a)
The state seal of biliteracy established under section 3313.6111 of
the Revised Code;

(b)
The OhioMeansJobs-readiness seal established under section 3313.6112
of the Revised Code;

(c)
One of the state diploma seals established under divisions (C)(1) to
(7) of section 3313.6114 of the Revised Code.

(C)(1)
A student who transfers into an Ohio public or chartered nonpublic
high school from another state or enrolls in such a high school after
receiving home education or attending a nonchartered,
nontax-supported school in the previous school year shall meet the
requirements of division (B) or (D) of this section, as applicable,
in order to qualify for a high school diploma. However, any student
subject to division (B) of this section who transfers or enrolls
after the start of the student's twelfth grade year and fails to
attain a competency score on the Algebra I or English language arts
II end-of-course examination shall not be required to retake the
applicable examination prior to demonstrating competency in the
failed subject area under the options prescribed in divisions
(B)(1)(a) to (d) of this section.

(2)
The department shall prescribe standards that allow a transfer
student who, prior to the student's transfer, took an assessment
described in division (B)(1) or (2) of section 3301.0712 or section
3313.619 of the Revised Code to apply the score from that assessment
towards graduation requirements at the student's new public or
chartered nonpublic school.

(D)
Notwithstanding division (B) of this section, in addition to the
curriculum requirements specified by the school governing authority,
a chartered nonpublic school student subject to division
(L)(3)(a)(ii) of section 3301.0711 of the Revised Code entering ninth
grade for the first time on or after July 1, 2019, shall qualify for
a high school diploma if the student earns a remediation-free score
in the areas of English, mathematics, and reading, in accordance with
standards adopted under division (F) of section 3345.061 of the
Revised Code, on a nationally standardized assessment prescribed
under division (B)(1) of section 3301.0712 of the Revised Code. No
such student shall be required to take the Algebra I or English
language arts II end-of-course examination or earn diploma seals
under this section.

(E)
The department shall not create or require any additional assessment
for the granting of any type of high school diploma other than as
prescribed by this section. Except as provided in sections 3313.6111,
3313.6112, and 3313.6114 of the Revised Code, the department or the
director of education and workforce shall not create any endorsement
or designation that may be affiliated with a high school diploma.

Sec.
3313.6113.
(A)
The director of education and workforce, in collaboration with the
governor's office of workforce transformation and representatives of
business organizations, shall establish a committee to develop a list
of industry-recognized credentials and licenses that may be used to
qualify for a high school diploma under section 3313.618 of the
Revised Code and shall be used for state report card purposes under
section 3302.03 of the Revised Code.

(B)
The committee shall do the following:

(1)
Establish criteria for acceptable industry-recognized credentials and
licenses aligned with the in-demand jobs list published by the
department of job and family services

and
other relevant demand data
;

(2)

Review
the list of industry-recognized credentials and licenses that was in
existence on January 1, 2018, and update the list as it considers
necessary;

(3)

Review
and update the list of industry-recognized credentials and licenses
at least biennially;

(4)
Assign a point value for each industry-recognized credential and
establish the total number of points for industry-recognized
credentials that
(3)
Establish the criteria under which
a
student
must
earn to
may
use industry-recognized credentials to help
qualify
for a high school diploma under sections 3313.618 and 3313.6114 of
the Revised Code;

(5)
(4)

Update the list of industry-recognized credentials to include a
driver's license obtained by a student through a driver education
course offered by a school district in accordance with section
3301.17 of the Revised Code.

(C)
For purposes of divisions (B)(2)(d), (C)(2)(e), and (D)(1)(j)(v) of
section 3302.03 of the Revised Code, the department of education and
workforce shall include only those students who earn an
industry-recognized credential, or group of credentials,
at
least equal to the total number of points
that
meet the criteria
established
by the committee under this section to qualify for a high school
diploma.

Sec.
3313.6114.
(A)
The department of education and workforce shall establish a system of
state diploma seals for the purposes of allowing a student to qualify
for graduation under section 3313.618 of the Revised Code. State
diploma seals may be attached or affixed to the high school diploma
of a student enrolled in a public or chartered nonpublic school. The
system of state diploma seals shall consist of all of the following:

(1)
The state seal of biliteracy established under section 3313.6111 of
the Revised Code;

(2)
The OhioMeansJobs-readiness seal established under section 3313.6112
of the Revised Code;

(3)
The state diploma seals prescribed under division (C) of this
section.

(B)
A school district, community school established under Chapter 3314.
of the Revised Code, STEM school established under Chapter 3326. of
the Revised Code, college-preparatory boarding school established
under Chapter 3328. of the Revised Code, or chartered nonpublic
school shall attach or affix the state seals prescribed under
division (C) of this section to the diploma and transcript of a
student enrolled in the district or school who meets the requirements
established under that division.

(C)
The department shall establish all of the following state diploma
seals:

(1)
An industry-recognized credential seal. A student shall meet the
requirement for this seal by doing either of the following:

(a)
Earning an industry-recognized credential, or group of credentials,
approved under section 3313.6113 of the Revised Code that
is
both of the following:

(i)
At least equal to the total number of points
meets
the criteria
established
under section 3313.6113 of the Revised Code to qualify for a high
school diploma
;

(ii)
Aligned

and
aligns
to
a job that is determined to be in demand in this state and its
regions under section 6301.11 of the Revised Code.

(b)
Obtaining a license approved under section 3313.6113 of the Revised
Code that is issued by a state agency or board for practice in a
vocation that requires an examination for issuance of that license.

(2)
A college-ready seal. A student shall meet the requirement for this
seal by attaining a score that is remediation-free, in accordance
with standards adopted under division (F) of section 3345.061 of the
Revised Code, on a nationally standardized assessment prescribed
under division (B)(1) of section 3301.0712 of the Revised Code

or
by attaining a passing score, as determined by the department of
education and workforce and aligned with current statewide
college-level examination program scores identified by the chancellor
of higher education, on a college-level examination program
examination
.

(3)
A military seal. A student shall meet the requirement for this seal
by doing one of the following:

(a)
Providing evidence that the student has enlisted in a branch of the
armed services of the United States as defined in section 5910.01 of
the Revised Code;

(b)
Participating in a junior reserve officer training program approved
by the congress of the United States under title 10 of the United
States Code;

(c)
Providing evidence that the student has accepted a scholarship to
enter the reserve officer training corps;

(d)
Providing evidence that the student has been appointed to a United
States military service academy.

(4)
A citizenship seal. A student shall meet the requirement for this
seal by doing any of the following:

(a)
Demonstrating at least a proficient level of skill as prescribed
under division (B)(5)(a) of section 3301.0712 of the Revised Code on
both the American history and American government end-of-course
examinations prescribed under division (B)(2) of section 3301.0712 of
the Revised Code;

(b)
Attaining a score level prescribed under division (B)(5)(d) of
section 3301.0712 of the Revised Code that is at least the equivalent
of a proficient level of skill in appropriate advanced placement or
international baccalaureate examinations
or
by attaining a passing score, as determined by the department, on a
college-level examination program examination
in
lieu of the American history and American government end-of-course
examinations;

(c)
In lieu of the American history and American government end-of-course
examinations, attaining a final course grade that is the equivalent
of a "B" or higher in either:

(i)
An American history course and an American government course that are
offered by the student's high school;

(ii)
Appropriate courses taken through the college credit plus program
established under Chapter 3365. of the Revised Code.

(d)
In the case of a student who takes an alternate assessment in
accordance with division (C)(1) of section 3301.0711 of the Revised
Code, attaining a score established by the department on the
alternate assessment in social studies;

(e)
In the case of a student who transfers into an Ohio public or
chartered nonpublic high school from another state or who enrolls in
an Ohio public or chartered nonpublic high school after receiving
home education or attending a nonchartered, nontax-supported school
in the previous school year, attaining a final course grade that is
the equivalent of a "B" or higher in courses that
correspond with the American history and American government
end-of-course examinations and that the student completed in the
state from which the student transferred or completed while receiving
home education or attending a nonchartered, nontax-supported school.
Division (C)(4)(e) of this section does not apply to any such student
with respect to an American history or American government course for
which an end-of-course examination is associated that the student
takes after enrolling in the high school.

(5)
A science seal. A student shall meet the requirement for this seal by
doing any of the following:

(a)
Demonstrating at least a proficient level of skill as prescribed
under division (B)(5)(a) of section 3301.0712 of the Revised Code on
the science end-of-course examination prescribed under division
(B)(2) of section 3301.0712 of the Revised Code;

(b)
Attaining a score level prescribed under division (B)(5)(d) of
section 3301.0712 of the Revised Code that is at least the equivalent
of a proficient level of skill in an appropriate advanced placement
or international baccalaureate examination

or
by attaining a passing score, as determined by the department, on a
college-level examination program examination

in lieu of the science end-of-course examination;

(c)
In lieu of the science end-of-course examination, attaining a final
course grade that is the equivalent of a "B" or higher in
either:

(i)
A science course listed in divisions (C)(5)(c)(i) to (iii) of section
3313.603 of the Revised Code that is offered by the student's high
school;

(ii)
An appropriate course taken through the college credit plus program
established under Chapter 3365. of the Revised Code.

(d)
In the case of a student who takes an alternate assessment in
accordance with division (C)(1) of section 3301.0711 of the Revised
Code, attaining a score established by the department on the
alternate assessment in science;

(e)
In the case of a student who transfers into an Ohio public or
chartered nonpublic high school from another state or enrolls in an
Ohio public or chartered nonpublic high school after receiving home
education or attending a nonchartered, nontax-supported school in the
previous school year, attaining a final course grade that is the
equivalent of a "B" or higher in a course that corresponds
with the science end-of-course examination and that the student
completed in the state from which the student transferred or
completed while receiving home instruction or attending a
nonchartered, nontax-supported school. Division (C)(5)(e) of this
section does not apply to any such student who takes a science course
for which an end-of-course examination is associated after enrolling
in the high school.

(6)
An honors diploma seal. A student shall meet the requirement for this
seal by meeting the additional criteria for an honors diploma under
division (B) of section 3313.61 of the Revised Code.

(7)
A technology seal. A student shall meet the requirement for this seal
by doing any of the following:

(a)
Subject to division (B)(5)(d) of section 3301.0712 of the Revised
Code, attaining a score level that is at least the equivalent of a
proficient level of skill in an appropriate advanced placement or
international baccalaureate examination

or
by attaining a passing score, as determined by the department of
education and workforce and aligned with the current statewide
college-level examination program scores identified by the chancellor
of higher education, on a college-level examination program
examination
;

(b)
Attaining a final course grade that is the equivalent of a "B"
or higher in an appropriate course taken through the college credit
plus program established under Chapter 3365. of the Revised Code;

(c)
Completing a course offered through the student's district or school
that meets guidelines developed by the department. However, a
district or school shall not be required to offer a course that meets
those guidelines.

(d)
In the case of a student who transfers into an Ohio public or
chartered nonpublic high school from another state or enrolls in an
Ohio public or chartered nonpublic high school after receiving home
education or attending a nonchartered, nontax-supported school in the
previous school year, attaining a final course grade that is the
equivalent of a "B" or higher in an appropriate course, as
determined by the district or school, that the student completed in
the state from which the student transferred or completed while
receiving home education or attending a nonchartered,
nontax-supported school.

(8)
A community service seal. A student shall meet the requirement for
this seal by completing a community service project that is aligned
with guidelines adopted by the student's district board or school
governing authority.

(9)
A fine and performing arts seal. A student shall meet the requirement
for this seal by demonstrating skill in the fine or performing arts
according to an evaluation that is aligned with guidelines adopted by
the student's district board or school governing authority.

(10)
A student engagement seal. A student shall meet the requirement for
this seal by participating in extracurricular activities such as
athletics, clubs, or student government to a meaningful extent, as
determined by guidelines adopted by the student's district board or
school governing authority.

(D)(1)
Each district or school shall develop guidelines for at least one of
the state seals prescribed under divisions (C)(8) to (10) of this
section.

(2)
For the purposes of determining whether a student who transfers to a
district or school has satisfied the state diploma seal requirement
under division (B)(2) of section 3313.618 of the Revised Code, each
district or school shall recognize a state diploma seal prescribed
under divisions (C)(8) to (10) of this section and earned by a
student at another district or a different public or chartered
nonpublic school regardless of whether the district or school to
which the student transfers has developed guidelines under this
section for that state seal.

(3)
In guidelines developed for a state diploma seal prescribed under
divisions (C)(8) to (10) of this section, each district or school
shall include a method to give, to the extent feasible, a student who
transfers into the district or school a proportional amount of credit
for any progress the student was making toward earning that state
seal at the school district or different public or chartered
nonpublic school from which the student transfers.

(E)
Each district or school shall maintain appropriate records to
identify students who have met the requirements prescribed under
division (C) of this section for earning the state seals established
under that division.

(F)
The department shall prepare and deliver to each district or school
an appropriate mechanism for assigning a state diploma seal
established under division (C) of this section.

(G)
A student shall not be charged a fee to be assigned a state seal
prescribed under division (C) of this section on the student's
diploma and transcript.

Sec.
3313.64.
(A)
As used in this section and in section 3313.65 of the Revised Code:

(1)(a)
Except as provided in division (A)(1)(b) of this section, "parent"
means either parent, unless the parents are separated or divorced or
their marriage has been dissolved or annulled, in which case "parent"
means the parent who is the residential parent and legal custodian of
the child. When a child is in the legal custody of a government
agency or a person other than the child's natural or adoptive parent,
"parent" means the parent with residual parental rights,
privileges, and responsibilities. When a child is in the permanent
custody of a government agency or a person other than the child's
natural or adoptive parent, "parent" means the parent who
was divested of parental rights and responsibilities for the care of
the child and the right to have the child live with the parent and be
the legal custodian of the child and all residual parental rights,
privileges, and responsibilities.

(b)
When a child is the subject of a power of attorney executed under
sections 3109.51 to 3109.62 of the Revised Code, "parent"
means the grandparent designated as attorney in fact under the power
of attorney. When a child is the subject of a caretaker authorization
affidavit executed under sections 3109.64 to 3109.73 of the Revised
Code, "parent" means the grandparent that executed the
affidavit.

(2)
"Legal custody," "permanent custody," and
"residual parental rights, privileges, and responsibilities"
have the same meanings as in section 2151.011 of the Revised Code.

(3)
"School district" or "district" means a city,
local, or exempted village school district and excludes any school
operated in an institution maintained by the department of youth
services.

(4)
Except as used in division (C)(2) of this section, "home"
means a home, institution, foster home, group home, or other
residential facility in this state that receives and cares for
children, to which any of the following applies:

(a)
The home is licensed, certified, or approved for such purpose by the
state or is maintained by the department of youth services.

(b)
The home is operated by a person who is licensed, certified, or
approved by the state to operate the home for such purpose.

(c)
The home accepted the child through a placement by a person licensed,
certified, or approved to place a child in such a home by the state.

(d)
The home is a children's home created under section 5153.21 or
5153.36 of the Revised Code.

(5)
"Agency" means all of the following:

(a)
A public children services agency;

(b)
An organization that holds a certificate issued by the department of
children and youth in accordance with the requirements of section
5103.03 of the Revised Code and assumes temporary or permanent
custody of children through commitment, agreement, or surrender, and
places children in family homes for the purpose of adoption;

(c)
Comparable agencies of other states or countries that have complied
with applicable requirements of section 2151.39 of the Revised Code
or as applicable, sections 5103.20 to 5103.22 or 5103.23 to 5103.237
of the Revised Code.

(6)
A child is placed for adoption if either of the following occurs:

(a)
An agency to which the child has been permanently committed or
surrendered enters into an agreement with a person pursuant to
section 5103.16 of the Revised Code for the care and adoption of the
child.

(b)
The child's natural parent places the child pursuant to section
5103.16 of the Revised Code with a person who will care for and adopt
the child.

(7)
"Preschool child with a disability" has the same meaning as
in section 3323.01 of the Revised Code.

(8)
"Child," unless otherwise indicated, includes preschool
children with disabilities.

(9)
"Active duty" means active duty pursuant to an executive
order of the president of the United States, an act of the congress
of the United States, or section 5919.29 or 5923.21 of the Revised
Code.

(B)
Except as otherwise provided in section 3321.01 of the Revised Code
for admittance to kindergarten and first grade, a child who is at
least five but under twenty-two years of age and any preschool child
with a disability shall be admitted to school as provided in this
division.

(1)
A child shall be admitted to the schools of the school district in
which the child's parent resides.

(2)
Except as provided in
division
(B)(4) of this section or
division
(B) of section 2151.362 and section 3317.30 of the Revised Code, a
child who does not reside in the district where the child's parent
resides shall be admitted to the schools of the district in which the
child resides if any of the following applies:

(a)
The child is in the legal or permanent custody of a government agency
or a person other than the child's natural or adoptive parent.

(b)
The child resides in a home.

(c)
The child requires special education.

(3)
A child who is not entitled under division (B)(2) of this section to
be admitted to the schools of the district where the child resides
and who is residing with a resident of this state with whom the child
has been placed for adoption shall be admitted to the schools of the
district where the child resides unless either of the following
applies:

(a)
The placement for adoption has been terminated.

(b)
Another school district is required to admit the child under division
(B)(1) of this section.

(4)(a)
A child who does not reside in the district where the child's parent
resides is not required to be admitted to the schools of the district
in which the child resides if both of the following apply:

(i)
The child resides in a home, or in a facility similarly licensed in
another state, and the child was placed in the home or facility by
the child's parent in consultation with, and upon the recommendation
of, the Ohio resilience through integrated systems and excellence
program for children and youth involved in multiple state systems.

(ii)
The home provides education services that meet the minimum education
standards under division (D)(2) of section 3301.07 of the Revised
Code or, in the case of a facility located in another state, meets
substantially similar requirements of the jurisdiction where the
facility is located, except that the home or facility may provide the
child with less than the minimum number of instructional hours
required only as necessary to accommodate the child's treatment
program.

(b)
Upon a child's admission to a home pursuant to division (B)(4)(a) of
this section, the home shall notify the district where the child's
parent resides and the district where the home is located that the
home is providing educational services to the child until the child
is discharged. Upon a child's admission to a facility located in
another state pursuant to division (B)(4)(a) of this section, the
facility shall notify the district where the child's parent resides
that the facility is providing educational services to the child
until the child is discharged. In either case, the district where the
child's parent resides shall continue to enroll the student as
provided in division (C)(5) of this section and shall excuse the
child from attendance until the child is discharged from the home or
facility.

(c)
Upon a child's discharge from a home or facility, the home or
facility shall notify the district where the child's parent resides.
The home or facility and the district shall collaborate on a
supportive reentry plan into school for the child.

Division
(B) of this section does not prohibit the board of education of a
school district from placing a child with a disability who resides in
the district in a special education program outside of the district
or its schools in compliance with Chapter 3323. of the Revised Code.

(C)
A district shall not charge tuition for children admitted under
division (B)(1) or (3) of this section. If the district admits a
child under division (B)(2) of this section, tuition shall be paid to
the district that admits the child as provided in divisions (C)(1) to
(3) of this section, unless division (C)(4) of this section applies
to the child:

(1)
If the child receives special education in accordance with Chapter
3323. of the Revised Code, the school district of residence, as
defined in section 3323.01 of the Revised Code, shall pay tuition for
the child in accordance with section 3323.091, 3323.13, 3323.14, or
3323.141 of the Revised Code regardless of who has custody of the
child or whether the child resides in a home.

(2)
For a child that does not receive special education in accordance
with Chapter 3323. of the Revised Code, except as otherwise provided
in division (C)(2)(d) of this section, if the child is in the
permanent or legal custody of a government agency or person other
than the child's parent, tuition shall be paid by:

(a)
The district in which the child's parent resided at the time the
court removed the child from home or at the time the court vested
legal or permanent custody of the child in the person or government
agency, whichever occurred first;

(b)
If the parent's residence at the time the court removed the child
from home or placed the child in the legal or permanent custody of
the person or government agency is unknown, tuition shall be paid by
the district in which the child resided at the time the child was
removed from home or placed in legal or permanent custody, whichever
occurred first;

(c)
If a school district cannot be established under division (C)(2)(a)
or (b) of this section, tuition shall be paid by the district
determined as required by section 2151.362 of the Revised Code by the
court at the time it vests custody of the child in the person or
government agency;

(d)
If at the time the court removed the child from home or vested legal
or permanent custody of the child in the person or government agency,
whichever occurred first, one parent was in a residential or
correctional facility or a juvenile residential placement and the
other parent, if living and not in such a facility or placement, was
not known to reside in this state, tuition shall be paid by the
district determined under division (D) of section 3313.65 of the
Revised Code as the district required to pay any tuition while the
parent was in such facility or placement;

(e)
If the department of education and workforce has determined, pursuant
to division (A)(2) of section 2151.362 of the Revised Code, that a
school district other than the one named in the court's initial
order, or in a prior determination of the department, is responsible
to bear the cost of educating the child, the district so determined
shall be responsible for that cost.

(3)
If the child is not in the permanent or legal custody of a government
agency or person other than the child's parent and the child resides
in a home, tuition shall be paid by one of the following:

(a)
The school district in which the child's parent resides;

(b)
If the child's parent is not a resident of this state, the home in
which the child resides.

(4)
Division (C)(4) of this section applies to any child who is admitted
to a school district under division (B)(2) of this section, resides
in a home that is not a foster home, a home maintained by the
department of youth services, a detention facility established under
section 2152.41 of the Revised Code, or a juvenile facility
established under section 2151.65 of the Revised Code, and receives
educational services at the home or facility in which the child
resides pursuant to a contract between the home or facility and the
school district providing those services.

If
a child to whom division (C)(4) of this section applies is a special
education student, a district may choose whether to receive a tuition
payment for that child under division (C)(4) of this section or to
receive a payment for that child under section 3323.14 of the Revised
Code. If a district chooses to receive a payment for that child under
section 3323.14 of the Revised Code, it shall not receive a tuition
payment for that child under division (C)(4) of this section.

If
a child to whom division (C)(4) of this section applies is not a
special education student, a district shall receive a tuition payment
for that child under division (C)(4) of this section.

In
the case of a child to which division (C)(4) of this section applies,
the total educational cost to be paid for the child shall be
determined by a formula approved by the department of education and
workforce, which formula shall be designed to calculate a per diem
cost for the educational services provided to the child for each day
the child is served and shall reflect the total actual cost incurred
in providing those services. The department shall certify the total
educational cost to be paid for the child to both the school district
providing the educational services and, if different, the school
district that is responsible to pay tuition for the child. The
department shall deduct the certified amount from the state basic aid
funds payable under Chapter 3317. of the Revised Code to the district
responsible to pay tuition and shall pay that amount to the district
providing the educational services to the child.

(5)
In the case of a child to whom division (B)(4) of this section
applies, and except as otherwise provided in division (C)(5)(f) of
this section, tuition shall be paid to the home or facility for
educational services provided to the child by the school district in
which the child's parent resides according to the following:

(a)
The total educational cost to be paid for the child shall be
determined by a formula approved by the department of education and
workforce. The department shall design the formula to calculate a per
diem cost for the educational services provided to the child for each
day the child is served and shall reflect the total actual cost
incurred in providing those services. The department shall certify
the total educational cost to be paid for the child to both the home
or facility providing the educational services and the district that
is responsible to pay the tuition for the child. The department shall
deduct the certified amount from the state basic aid funds payable
under Chapter 3317. of the Revised Code to the district responsible
to pay tuition and shall pay that amount to the home or facility
providing the educational services to the child.

(b)
The district responsible to pay tuition shall continue to report the
child in its enrollment for purposes of section 3317.03 of the
Revised Code.

(c)
If the parent's residence changes to a different school district
while the child resides in the home or facility, the department of
education and workforce may re-determine the school district
responsible for tuition based on evidence provided by the district
currently responsible for tuition.

(d)
Upon a child's discharge from the home or facility, the home or
facility shall immediately notify the district where the child's
parent resides and the department of education and workforce. The
notification shall include a certified transcript of all coursework
completed by the child while residing in the home or facility. The
district where the child's parent resides shall accept all coursework
completed by the child while in the home or facility and shall award
credit for that coursework in accordance with district policy.

(e)
Following discharge from the home or facility and return to the
parent's residence, high school students shall meet requirements
under section 3313.618 of the Revised Code in order to qualify for a
high school diploma that are no more stringent than those that apply
to students who enroll into an Ohio public or chartered nonpublic
high school after receiving a home education under section 3321.042
of the Revised Code.

(f)
If the child is provided educational services by a chartered
nonpublic school while residing in a home and the child has been
awarded a scholarship under a state scholarship program, as defined
in section 3301.0711 of the Revised Code, no school district shall be
responsible for paying tuition under division (C)(5) of this section.

(D)
Tuition required to be paid under divisions (C)(2) and (3)(a) of this
section shall be computed in accordance with section 3317.08 of the
Revised Code. Tuition required to be paid under division (C)(3)(b) of
this section shall be computed in accordance with section 3317.081 of
the Revised Code. If a home fails to pay the tuition required by
division (C)(3)(b) of this section, the board of education providing
the education may recover in a civil action the tuition and the
expenses incurred in prosecuting the action, including court costs
and reasonable attorney's fees. If the prosecuting attorney or city
director of law represents the board in such action, costs and
reasonable attorney's fees awarded by the court, based upon the
prosecuting attorney's, director's, or one of their designee's time
spent preparing and presenting the case, shall be deposited in the
county or city general fund.

(E)
A board of education may enroll a child free of any tuition
obligation for a period not to exceed sixty days, on the sworn
statement of an adult resident of the district that the resident has
initiated legal proceedings for custody of the child.

(F)
In the case of any individual entitled to attend school under this
division, no tuition shall be charged by the school district of
attendance and no other school district shall be required to pay
tuition for the individual's attendance. Notwithstanding division
(B), (C), or (E) of this section:

(1)
All persons at least eighteen but under twenty-two years of age who
live apart from their parents, support themselves by their own labor,
and have not successfully completed the high school curriculum or the
individualized education program developed for the person by the high
school pursuant to section 3323.08 of the Revised Code, are entitled
to attend school in the district in which they reside.

(2)
Any child under eighteen years of age who is married is entitled to
attend school in the child's district of residence.

(3)
A child is entitled to attend school in the district in which either
of the child's parents is employed if the child has a medical
condition that may require emergency medical attention. The parent of
a child entitled to attend school under division (F)(3) of this
section shall submit to the board of education of the district in
which the parent is employed a statement from the child's physician,
certified nurse-midwife, clinical nurse specialist, or certified
nurse practitioner certifying that the child's medical condition may
require emergency medical attention. The statement shall be supported
by such other evidence as the board may require.

(4)
Any child residing with a person other than the child's parent is
entitled, for a period not to exceed twelve months, to attend school
in the district in which that person resides if the child's parent
files an affidavit with the superintendent of the district in which
the person with whom the child is living resides stating all of the
following:

(a)
That the parent is serving outside of the state in the armed services
of the United States;

(b)
That the parent intends to reside in the district upon returning to
this state;

(c)
The name and address of the person with whom the child is living
while the parent is outside the state.

(5)
Any child under the age of twenty-two years who, after the death of a
parent, resides in a school district other than the district in which
the child attended school at the time of the parent's death is
entitled to continue to attend school in the district in which the
child attended school at the time of the parent's death for the
remainder of the school year, subject to approval of that district
board.

(6)
A child under the age of twenty-two years who resides with a parent
who is having a new house built in a school district outside the
district where the parent is residing is entitled to attend school
for a period of time in the district where the new house is being
built. In order to be entitled to such attendance, the parent shall
provide the district superintendent with the following:

(a)
A sworn statement explaining the situation, revealing the location of
the house being built, and stating the parent's intention to reside
there upon its completion;

(b)
A statement from the builder confirming that a new house is being
built for the parent and that the house is at the location indicated
in the parent's statement.

(7)
A child under the age of twenty-two years residing with a parent who
has a contract to purchase a house in a school district outside the
district where the parent is residing and who is waiting upon the
date of closing of the mortgage loan for the purchase of such house
is entitled to attend school for a period of time in the district
where the house is being purchased. In order to be entitled to such
attendance, the parent shall provide the district superintendent with
the following:

(a)
A sworn statement explaining the situation, revealing the location of
the house being purchased, and stating the parent's intent to reside
there;

(b)
A statement from a real estate broker or bank officer confirming that
the parent has a contract to purchase the house, that the parent is
waiting upon the date of closing of the mortgage loan, and that the
house is at the location indicated in the parent's statement.

The
district superintendent shall establish a period of time not to
exceed ninety days during which the child entitled to attend school
under division (F)(6) or (7) of this section may attend without
tuition obligation. A student attending a school under division
(F)(6) or (7) of this section shall be eligible to participate in
interscholastic athletics under the auspices of that school, provided
the board of education of the school district where the student's
parent resides, by a formal action, releases the student to
participate in interscholastic athletics at the school where the
student is attending, and provided the student receives any
authorization required by a public agency or private organization of
which the school district is a member exercising authority over
interscholastic sports.

(8)
A child whose parent is a full-time employee of a city, local, or
exempted village school district, or of an educational service
center, may be admitted to the schools of the district where the
child's parent is employed, or in the case of a child whose parent is
employed by an educational service center, in the district that
serves the location where the parent's job is primarily located,
provided the district board of education establishes such an
admission policy by resolution adopted by a majority of its members.
Any such policy shall take effect on the first day of the school year
and the effective date of any amendment or repeal may not be prior to
the first day of the subsequent school year. The policy shall be
uniformly applied to all such children and shall provide for the
admission of any such child upon request of the parent. No child may
be admitted under this policy after the first day of classes of any
school year.

(9)
A child who is with the child's parent under the care of a shelter
for victims of domestic violence, as defined in section 3113.33 of
the Revised Code, is entitled to attend school free in the district
in which the child is with the child's parent, and no other school
district shall be required to pay tuition for the child's attendance
in that school district.

The
enrollment of a child in a school district under this division shall
not be denied due to a delay in the school district's receipt of any
records required under section 3313.672 of the Revised Code or any
other records required for enrollment. Any days of attendance and any
credits earned by a child while enrolled in a school district under
this division shall be transferred to and accepted by any school
district in which the child subsequently enrolls. The department of
education and workforce shall adopt rules to ensure compliance with
this division.

(10)
Any child under the age of twenty-two years whose parent has moved
out of the school district after the commencement of classes in the
child's senior year of high school is entitled, subject to the
approval of that district board, to attend school in the district in
which the child attended school at the time of the parental move for
the remainder of the school year and for one additional semester or
equivalent term. A district board may also adopt a policy specifying
extenuating circumstances under which a student may continue to
attend school under division (F)(10) of this section for an
additional period of time in order to successfully complete the high
school curriculum for the individualized education program developed
for the student by the high school pursuant to section 3323.08 of the
Revised Code.

(11)
As used in this division, "grandparent" means a parent of a
parent of a child. A child under the age of twenty-two years who is
in the custody of the child's parent, resides with a grandparent, and
does not require special education is entitled to attend the schools
of the district in which the child's grandparent resides, provided
that, prior to such attendance in any school year, the board of
education of the school district in which the child's grandparent
resides and the board of education of the school district in which
the child's parent resides enter into a written agreement specifying
that good cause exists for such attendance, describing the nature of
this good cause, and consenting to such attendance.

In
lieu of a consent form signed by a parent, a board of education may
request the grandparent of a child attending school in the district
in which the grandparent resides pursuant to division (F)(11) of this
section to complete any consent form required by the district,
including any authorization required by sections 3313.712, 3313.713,
3313.716, and 3313.718 of the Revised Code. Upon request, the
grandparent shall complete any consent form required by the district.
A school district shall not incur any liability solely because of its
receipt of a consent form from a grandparent in lieu of a parent.

Division
(F)(11) of this section does not create, and shall not be construed
as creating, a new cause of action or substantive legal right against
a school district, a member of a board of education, or an employee
of a school district. This section does not affect, and shall not be
construed as affecting, any immunities from defenses to tort
liability created or recognized by Chapter 2744. of the Revised Code
for a school district, member, or employee.

(12)
A child under the age of twenty-two years is entitled to attend
school in a school district other than the district in which the
child is entitled to attend school under division (B), (C), or (E) of
this section provided that, prior to such attendance in any school
year, both of the following occur:

(a)
The superintendent of the district in which the child is entitled to
attend school under division (B), (C), or (E) of this section
contacts the superintendent of another district for purposes of this
division;

(b)
The superintendents of both districts enter into a written agreement
that consents to the attendance and specifies that the purpose of
such attendance is to protect the student's physical or mental
well-being or to deal with other extenuating circumstances deemed
appropriate by the superintendents.

While
an agreement is in effect under this division for a student who is
not receiving special education under Chapter 3323. of the Revised
Code and notwithstanding Chapter 3327. of the Revised Code, the board
of education of neither school district involved in the agreement is
required to provide transportation for the student to and from the
school where the student attends.

A
student attending a school of a district pursuant to this division
shall be allowed to participate in all student activities, including
interscholastic athletics, at the school where the student is
attending on the same basis as any student who has always attended
the schools of that district while of compulsory school age.

(13)
All school districts shall comply with the "McKinney-Vento
Homeless Assistance Act," 42 U.S.C.A. 11431 et seq., for the
education of homeless children. Each city, local, and exempted
village school district shall comply with the requirements of that
act governing the provision of a free, appropriate public education,
including public preschool, to each homeless child.

When
a child loses permanent housing and becomes a homeless person, as
defined in 42 U.S.C.A. 11481(5), or when a child who is such a
homeless person changes temporary living arrangements, the child's
parent or guardian shall have the option of enrolling the child in
either of the following:

(a)
The child's school of origin, as defined in 42 U.S.C.A.
11432(g)(3)(C);

(b)
The school that is operated by the school district in which the
shelter where the child currently resides is located and that serves
the geographic area in which the shelter is located.

(14)
A child under the age of twenty-two years who resides with a person
other than the child's parent is entitled to attend school in the
school district in which that person resides if both of the following
apply:

(a)
That person has been appointed, through a military power of attorney
executed under section 574(a) of the "National Defense
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993),
10 U.S.C. 1044b, or through a comparable document necessary to
complete a family care plan, as the parent's agent for the care,
custody, and control of the child while the parent is on active duty
as a member of the national guard or a reserve unit of the armed
forces of the United States or because the parent is a member of the
armed forces of the United States and is on a duty assignment away
from the parent's residence.

(b)
The military power of attorney or comparable document includes at
least the authority to enroll the child in school.

The
entitlement to attend school in the district in which the parent's
agent under the military power of attorney or comparable document
resides applies until the end of the school year in which the
military power of attorney or comparable document expires.

(G)
A board of education, after approving admission, may waive tuition
for students who will temporarily reside in the district and who are
either of the following:

(1)
Residents or domiciliaries of a foreign nation who request admission
as foreign exchange students;

(2)
Residents or domiciliaries of the United States but not of Ohio who
request admission as participants in an exchange program operated by
a student exchange organization.

(H)
Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04, 3327.04,
and 3327.06 of the Revised Code, a child may attend school or
participate in a special education program in a school district other
than in the district where the child is entitled to attend school
under division (B) of this section.

(I)(1)
Notwithstanding anything to the contrary in this section or section
3313.65 of the Revised Code, a child under twenty-two years of age
may attend school in the school district in which the child, at the
end of the first full week of October of the school year, was
entitled to attend school as otherwise provided under this section or
section 3313.65 of the Revised Code, if at that time the child was
enrolled in the schools of the district but since that time the child
or the child's parent has relocated to a new address located outside
of that school district and within the same county as the child's or
parent's address immediately prior to the relocation. The child may
continue to attend school in the district, and at the school to which
the child was assigned at the end of the first full week of October
of the current school year, for the balance of the school year.
Division (I)(1) of this section applies only if both of the following
conditions are satisfied:

(a)
The board of education of the school district in which the child was
entitled to attend school at the end of the first full week in
October and of the district to which the child or child's parent has
relocated each has adopted a policy to enroll children described in
division (I)(1) of this section.

(b)
The child's parent provides written notification of the relocation
outside of the school district to the superintendent of each of the
two school districts.

(2)
At the beginning of the school year following the school year in
which the child or the child's parent relocated outside of the school
district as described in division (I)(1) of this section, the child
is not entitled to attend school in the school district under that
division.

(3)
Any person or entity owing tuition to the school district on behalf
of the child at the end of the first full week in October, as
provided in division (C) of this section, shall continue to owe such
tuition to the district for the child's attendance under division
(I)(1) of this section for the lesser of the balance of the school
year or the balance of the time that the child attends school in the
district under division (I)(1) of this section.

(4)
A pupil who may attend school in the district under division (I)(1)
of this section shall be entitled to transportation services pursuant
to an agreement between the district and the district in which the
child or child's parent has relocated unless the districts have not
entered into such agreement, in which case the child shall be
entitled to transportation services in the same manner as a pupil
attending school in the district under interdistrict open enrollment
as described in division (E) of section 3313.981 of the Revised Code,
regardless of whether the district has adopted an open enrollment
policy as described in division (B)(1)(b) or (c) of section 3313.98
of the Revised Code.

(J)
This division does not apply to a child receiving special education.

A
school district required to pay tuition pursuant to division (C)(2)
or (3) of this section or section 3313.65 of the Revised Code shall
have an amount deducted under division (C) of section 3317.023 of the
Revised Code equal to its own tuition rate for the same period of
attendance. A school district entitled to receive tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount credited under division (C) of
section 3317.023 of the Revised Code equal to its own tuition rate
for the same period of attendance. If the tuition rate credited to
the district of attendance exceeds the rate deducted from the
district required to pay tuition, the department of education and
workforce shall pay the district of attendance the difference from
amounts deducted from all districts' payments under division (C) of
section 3317.023 of the Revised Code but not credited to other school
districts under such division and from appropriations made for such
purpose. The treasurer of each school district shall, by the
fifteenth day of January and July, furnish the director of education
and workforce a report of the names of each child who attended the
district's schools under divisions (C)(2) and (3) of this section or
section 3313.65 of the Revised Code during the preceding six calendar
months, the duration of the attendance of those children, the school
district responsible for tuition on behalf of the child, and any
other information that the director requires.

Upon
receipt of the report the director, pursuant to division (C) of
section 3317.023 of the Revised Code, shall deduct each district's
tuition obligations under divisions (C)(2) and (3) of this section or
section 3313.65 of the Revised Code and pay to the district of
attendance that amount plus any amount required to be paid by the
state.

(K)
In the event of a disagreement, the director of education and
workforce shall determine the school district in which the parent
resides.

(L)
Nothing in this section requires or authorizes, or shall be construed
to require or authorize, the admission to a public school in this
state of a pupil who has been permanently excluded from public school
attendance by the director pursuant to sections 3301.121 and 3313.662
of the Revised Code.

(M)
In accordance with division (B)(1) of this section, a child whose
parent is a member of the national guard or a reserve unit of the
armed forces of the United States and is called to active duty, or a
child whose parent is a member of the armed forces of the United
States and is ordered to a temporary duty assignment outside of the
district, may continue to attend school in the district in which the
child's parent lived before being called to active duty or ordered to
a temporary duty assignment outside of the district, as long as the
child's parent continues to be a resident of that district, and
regardless of where the child lives as a result of the parent's
active duty status or temporary duty assignment. However, the
district is not responsible for providing transportation for the
child if the child lives outside of the district as a result of the
parent's active duty status or temporary duty assignment.

Sec.
3313.7118.
Each
public school, as defined in section 3301.28 of the Revised Code, and
chartered nonpublic school that serves elementary school students
shall provide either an electronic or paper copy of the informational
materials described in section 3707.61 of the Revised Code to each
student's parent or guardian on the student's enrollment in
elementary school.

Sec.
3313.753.
(A)
As used in this section:

(1)
"Electronic communications device" means any device that is
powered by batteries or electricity and that is capable of receiving,
transmitting, or receiving and transmitting communications between
two or more persons or a communication from or to a person.

(2)
"School" means any school that is operated by a board of
education of a city, local, exempted village, or joint vocational
school district.

(3)
"School building" means any building in which any of the
instruction, extracurricular activities, or training provided by a
school is conducted.

(4)
"School grounds or premises" means either of the following:

(a)
The parcel of real property on which any school building is situated;

(b)
Any other parcel of real property that is owned or leased by a board
of education and on which some of the instruction, extracurricular
activities, or training of the school is conducted.

(B)
The board of education of any city, exempted village, local, joint
vocational, or cooperative education school district may adopt a
policy prohibiting students from carrying an electronic
communications device in any school building or on any school grounds
or premises of the district. The policy may provide for exceptions to
this prohibition as specified in the policy. The policy shall specify
any disciplinary measures that will be taken for violation of this
prohibition.

If
a board of education adopts a policy under this division, the board
shall post the policy in a central location in each school building
and make it available to students and parents upon request.

(C)
(C)(1)

Not later than
the
first day of July that immediately follows the effective date of this
amendment
January
1, 2026
,
each school district board of education shall adopt a policy
governing the use of cellular telephones by students during school
hours. The policy shall
do
all of the following:

(1)
Emphasize that student cellular telephone use be as limited as
possible during school hours;

(2)
Reduce cellular telephone-related distractions in classroom settings;

(3)
prohibit
all cellular telephone use by students during the instructional day,
except as described in division (C)(2) of this section or if
permitted under the building's comprehensive emergency management
plan adopted under section 5502.262 of the Revised Code.

(2)

If determined appropriate by the district board, or if included in a
student's individualized education program developed under Chapter
3323. of the Revised Code or plan developed under section 504 of the
"Rehabilitation Act of 1973," 29 U.S.C. 794,
permit

students

to

may

use
cellular telephones or other electronic communications devices for
student learning or to monitor or address a health concern.

A
district board shall permit a student to use a cellular telephone or
other electronic communications device to monitor or address a health
concern if the board receives a written statement from the student's
physician requiring such use.

(D)

Division
(C) of this section shall not be construed to require a district
board to adopt a policy that prohibits all cellular telephone use by
students. Nonetheless, any
Any

district
board that adopts a policy that prohibits all cellular telephone use
by students shall be considered to have met the requirements in
division (C) of this section.

(E)
Any district board that adopts a policy that meets the requirements
prescribed in division (C) of this section prior to
the
effective date of this amendment
the
effective date of this amendment,

shall be considered to have met the requirement to adopt a policy
under this section.

(F)
Each district board that adopts a policy under this section after
the
effective date of this amendment
the
effective date of this amendment,

shall do so at a public meeting of the board.

(G)
Each district board shall make any policy it adopts under this
section publicly available and post it prominently on its publicly
accessible web site, if it has one.

(H)
Not later than sixty days after the effective date of this amendment,
the department of education and workforce shall develop a model
policy that meets the requirements prescribed in division (C) of this
section. To the extent possible, the model policy shall take into
account available research concerning the effect of the use of
cellular telephones by students in school settings. The model policy
may be utilized by districts and schools.

Sec.
3313.90.
As
used in this section, "formula ADM" has the same meaning as
in section 3317.02 of the Revised Code. Notwithstanding division (D)
of section 3311.19 and division (D) of section 3311.52 of the Revised
Code, the provisions of this section that apply to a city school
district do not apply to any joint vocational or cooperative
education school district.

(A)
Except as provided in division (B) of this section, each city, local,
and exempted village school district shall, by one of the following
means, provide to students enrolled in grades seven through twelve
career-technical education adequate to prepare a student enrolled
therein for an occupation:

(1)
Establishing and maintaining a career-technical education program
that meets standards adopted by the department of education and
workforce;

(2)
Being a member of a joint vocational school district that meets
standards adopted by the department;

(3)
Contracting for career-technical education with a joint vocational
school district or another school district that meets the standards
adopted by the department.

The
standards of the department shall include criteria for the
participation by nonpublic students in career-technical education
programs without financial assessment, charge, or tuition to such
student except such assessments, charges, or tuition paid by resident
public school students in such programs. Such nonpublic school
students shall be included in the formula ADM of the school district
maintaining the career-technical education program as part-time
students in proportion to the time spent in the career-technical
education program.

By
the thirtieth day of October of each year, the director of education
and workforce shall determine and certify to the superintendent of
each school district subject to this section either that the district
is in compliance with the requirements of this section for the
current school year or that the district is not in compliance. If the
director certifies that the district is not in compliance, the
director shall notify the board of education of the district of the
actions necessary to bring the district into compliance with this
section.

In
meeting standards established by the department, school districts,
where practicable, shall provide career-technical education programs
in high schools. A minimum enrollment of
fifteen
hundred students in grades nine through twelve is established as a
base for comprehensive career-technical education course offerings.
Beginning with the 2015-2016 school year, this base shall increase to
a minimum enrollment of
two
thousand two hundred fifty students in grades seven through twelve

is
the base for comprehensive career-technical education course
offerings
.
A school district may meet this requirement alone, through a
cooperative arrangement pursuant to section 3313.92 of the Revised
Code, through school district consolidation, by membership in a joint
vocational school district, by contract with a school district, by
contract with a school licensed by any state agency established by
the Revised Code which school operates its courses offered for
contracting with public schools under standards as to staffing and
facilities comparable to those prescribed by the department for
public schools provided no instructor in such courses shall be
required to be certificated by the department, or in a combination of
such ways. Exceptions to the minimum enrollment prescribed by this
section may be made by the department based on sparsity of population
or other factors indicating that comprehensive educational and
career-technical education programs as required by this section can
be provided through an alternate plan.

(B)

If

Until
July 1, 2026, the department shall waive the requirement for a city,
local, or exempted village school district to provide
career-technical education to students enrolled in grades seven and
eight for that particular school year, if
the
board of education of
a
city, local, or exempted village school
that

district
adopts a resolution that specifies the district's intent not to
provide career-technical education to students enrolled in grades
seven and eight for a particular school year and submits that
resolution to the department by the thirtieth day of September of
that school year
,
the department shall waive the requirement for that district to
provide career-technical education to students enrolled in grades
seven and eight for that particular school year
.

Sec.
3313.902.
(A)
As used in this section:

(1)
"Competency-based educational program" means any system of
academic instruction, assessment, grading, and reporting in which
individuals receive credit based on demonstrations and assessments of
their learning rather than the amount of time they spend studying a
subject. A competency-based educational program shall encourage
accelerated learning among individuals who master academic materials
quickly while providing additional instructional support time for
individuals who need it.

(2)
"Eligible individual" means an individual who satisfies all
of the following criteria:

(a)
The individual is at least eighteen years of age.

(b)
The individual is officially withdrawn from school.

(c)
The individual has not been awarded a high school diploma or a
certificate of high school equivalence as defined in section 4109.06
of the Revised Code.

(3)
"Eligible provider" means a city, local, or exempted
village school district that operates a dropout prevention and
recovery program, the buckeye united school district operated by the
department of youth services, the Ohio central school system
established under section 5145.06 of the Revised Code, or a joint
vocational school district that operates an adult education program.

(4)
"Ohio technical center" has the same meaning as in section
3333.94 of the Revised Code.

(B)
An eligible provider may establish a competency-based educational
program that complies with standards adopted by the department of
education and workforce and may enroll eligible individuals in the
program for up to three consecutive school years for the purpose of
earning a high school diploma. The provider shall establish a career
plan for each individual enrolled in the program that specifies the
individual's career goals and describes how the individual will
demonstrate competency or earn course credits under division (C) of
this section to earn a diploma and attain the individual's career
goals.

(C)
Notwithstanding sections 3313.61, 3313.611, 3313.613, 3313.614,
3313.618, and 3313.619 of the Revised Code, the department shall
award a high school diploma to an individual enrolled in a program
under division (B) of this section who meets either of the following
conditions:

(1)
The individual demonstrates competency by completing at least three
of the following activities, at least one of which shall be the
activity described in division (C)(1)(a) or (b) of this section:

(a)
Attaining a competency score as determined under division (B)(10) of
section 3301.0712 of the Revised Code on each of the Algebra I and
English language arts II end-of-course examinations prescribed under
division (B)(2) of that section;

(b)
Attaining a workforce readiness score, as determined by the
department, on the nationally recognized job skills assessment
selected by the department under division (F) of section 3301.0712 of
the Revised Code;

(c)
Obtaining an industry-recognized credential, or group of credentials,
in a single career field that meet the criteria established under
section 3313.6113 of the Revised Code to qualify for a high school
diploma or earning an industry-recognized credential that is aligned
to a technical education program provided by an Ohio technical
center;

(d)
Earning a cumulative score of proficient or higher on three or more
state technical assessments aligned with section 3313.903 of the
Revised Code in a single career pathway;

(e)
Doing either of the following:

(i)
Completing a pre-apprenticeship program aligned with options
established under section 3313.904 of the Revised Code in the
individual's chosen career field and providing evidence of acceptance
into a registered apprenticeship program in that career field;

(ii)
Completing an apprenticeship registered with the apprenticeship
council established under section 4139.02 of the Revised Code in the
individual's chosen career field.

(f)
Completing two hundred fifty hours of a work-based learning
experience with evidence of positive evaluations;

(g)
Obtaining an OhioMeansJobs-readiness seal under section 3313.6112 of
the Revised Code.

(2)
The individual demonstrates competency by completing at least two of
the activities described in divisions (C)(1)(a) to (g) of this
section and earns course credits distributed as follows:

(a)
English language arts, four credits;

(b)
Mathematics, four credits. One credit may be a career-based
mathematics course aligned to the individual's career plan developed
under division (B) of this section.

(c)
Science, three credits;

(d)
Social studies, three credits;

(e)
Financial literacy, one-half credit. The one-half credit of financial
literacy may be applied toward the number of mathematics or social
studies credits required under division (C)(2) of this section.

(D)
An eligible provider shall report each individual enrolled in a
program under division (B) of this section to the department. The
department annually shall certify the enrollment and attendance of
each individual reported under this division and shall pay the
provider up to $7,500 for each such individual per school year, as
determined by the department based on the extent of the individual's
successful completion of the diploma requirements prescribed in
division (C) of this section.

(E)
Notwithstanding anything in this section to the contrary, an eligible
provider may request that the department allow an eligible individual
to enroll in a program under division (B) of this section for more
than three consecutive school years due to a hardship experienced by
the individual that necessitates additional time to meet the diploma
requirements prescribed in division (C) of this section.

(F)
An eligible individual shall not be assigned to classes or settings
with individuals who are younger than eighteen years of age.

(G)
Each eligible provider shall contact each individual to whom a
diploma is awarded under this section to collect data on the
individual's career and educational outcomes at six months, twelve
months, and eighteen months after the awarding of the diploma. At
each time of contact, the provider shall request information
regarding whether the individual is gainfully employed, participating
in an apprenticeship, enrolled in postsecondary education, or serving
in the military. The provider shall report the data collected to the
department in the manner determined by the department.

(H)
The department shall adopt rules as necessary to administer this
section. The rules may include all of the following:

(1)
Standards for competency-based educational programs;

(2)
Standards for applying an individual's work or life experiences
toward the requirements of division (C) of this section;

(3)
Requirements for determining the amount paid to providers under
division (D) of this section;

(4)
Guidelines for approving or denying a hardship request made under
division (E) of this section.

Sec.
3313.905.
(A)
Southern state community college shall establish and maintain the
Ohio code-scholar program, a hands-on educational initiative designed
for students in grades four through twelve, with an emphasis on
experiential learning in computer science, coding, and digital
literacy.

(B)
Southern state community college shall use any funds appropriated by
the general assembly for the Ohio-code scholar program for the
following purposes:

(1)
All of the following:

(a)
Curriculum development and alignment;

(b)
Teacher training and resource creation;

(c)
Coordination with K–12 schools statewide;

(d)
Partnership development with other educational institutions,
workforce agencies, and regional employers;

(2)
To implement and scale the program statewide, prioritizing outreach
to underserved and rural areas, particularly within Ohio's
Appalachian region.

(3)
To provide ongoing institutional support for southern state community
college, including all of the following:

(a)
Operational needs that enhance its educational mission;

(b)
Technology and infrastructure upgrades;

(c)
Community outreach;

(d)
Services that strengthen the college's regional impact in the
Appalachian corridor.

(C)
The director of development shall oversee the allocation and use of
these funds. The director of education and workforce may establish
guidelines to ensure compliance with this section.

(D)
Southern state community college shall submit an annual report to the
director of education and workforce and the general assembly by the
thirtieth day of June that includes all of the following:

(1)
The number of students and districts served by the Ohio code-scholar
program;

(2)
Progress toward statewide implementation;

(3)
Regional economic and educational impact;

(4)
Use of funds for both programmatic and general operational support.

Sec.
3313.975.
As
used in this section and in sections 3313.976 to 3313.979 of the
Revised Code, "the pilot project school district" or "the
district" means any school district included in the pilot
project scholarship program pursuant to this section.

(A)
The director of education and workforce shall implement the pilot
project scholarship program and shall include in such program any
school districts that are or have ever been under federal court order
requiring supervision and operational management of the district by
the state superintendent or director. The program shall provide for a
number of students residing in any such district to receive
scholarships to attend alternative schools, and for an equal number
of students to receive tutorial assistance grants while attending
public school in any such district.

(B)
The director shall establish an application process and deadline for
accepting applications from students residing in the district to
participate in the scholarship program. In the initial year of the
program students may only use a scholarship to attend school in
grades kindergarten through third.

The
director shall award as many scholarships and tutorial assistance
grants as can be funded given the amount appropriated for the
program.

(C)(1)
The pilot project program shall continue in effect each year that the
general assembly has appropriated sufficient money to fund
scholarships and tutorial assistance grants. In each year the program
continues, new students may receive scholarships in grades
kindergarten to twelve. A student who has received a scholarship may
continue to receive one until the student has completed grade twelve.

(2)
If the general assembly discontinues the scholarship program, all
students who are attending an alternative school under the pilot
project shall be entitled to continued admittance to that specific
school through all grades that are provided in such school, under the
same conditions as when they were participating in the pilot project.
The director shall continue to make scholarship payments in
accordance with section 3317.022 of the Revised Code for students who
remain enrolled in an alternative school under this provision in any
year that funds have been appropriated for this purpose.

If
funds are not appropriated, the tuition charged to the parents of a
student who remains enrolled in an alternative school under this
provision shall not be increased beyond the amount equal to the
amount of the scholarship plus any additional amount charged that
student's parent in the most recent year of attendance as a
participant in the pilot project, except that tuition for all the
students enrolled in such school may be increased by the same
percentage.

(D)
Notwithstanding sections 124.39 and 3311.83 of the Revised Code, if
the pilot project school district experiences a decrease in
enrollment due to participation in a state-sponsored scholarship
program pursuant to sections 3313.974 to 3313.979 of the Revised
Code, the district board of education may enter into an agreement
with any teacher it employs to provide to that teacher severance pay
or early retirement incentives, or both, if the teacher agrees to
terminate the employment contract with the district board, provided
any collective bargaining agreement in force pursuant to Chapter
4117. of the Revised Code does not prohibit such an agreement for
termination of a teacher's employment contract.

(E)
Except as provided for in division (C)(2) of section 3365.07 of the
Revised Code, the director shall not require the parent of a student
who applies for or receives a scholarship under the pilot project
program to complete any kind of income verification regarding the
student's family income.

(F)
A student is not eligible to receive a scholarship under sections
3313.975 to 3313.979 of the Revised Code if the treasurer of state
has established an educational savings account for the student under
section 3310.23 of the Revised Code for the school year for which the
scholarship is sought.

Sec.
3313.98.
Notwithstanding
division (D) of section 3311.19 and division (D) of section 3311.52
of the Revised Code, the provisions of this section and sections
3313.981 to 3313.983 of the Revised Code that apply to a city school
district do not apply to a joint vocational or cooperative education
school district unless expressly specified.

(A)
As used in this section and sections 3313.981 to 3313.983 of the
Revised Code:

(1)
"Parent" means either of the natural or adoptive parents of
a student, except under the following conditions:

(a)
When the marriage of the natural or adoptive parents of the student
has been terminated by a divorce, dissolution of marriage, or
annulment or the natural or adoptive parents of the student are
living separate and apart under a legal separation decree and the
court has issued an order allocating the parental rights and
responsibilities with respect to the student, "parent"
means the residential parent as designated by the court except that
"parent" means either parent when the court issues a shared
parenting decree.

(b)
When a court has granted temporary or permanent custody of the
student to an individual or agency other than either of the natural
or adoptive parents of the student, "parent" means the
legal custodian of the child.

(c)
When a court has appointed a guardian for the student, "parent"
means the guardian of the student.

(2)
"Native student" means a student entitled under section
3313.64 or 3313.65 of the Revised Code to attend school in a district
adopting a resolution under this section.

(3)
"Adjacent district" means a city, exempted village, or
local school district having territory that abuts the territory of a
district adopting a resolution under this section.

(4)
"Adjacent district student" means a student entitled under
section 3313.64 or 3313.65 of the Revised Code to attend school in an
adjacent district.

(5)
"Adjacent district joint vocational student" means an
adjacent district student who enrolls in a city, exempted village, or
local school district pursuant to this section and who also enrolls
in a joint vocational school district that does not contain the
territory of the district for which that student is a native student
and does contain the territory of the city, exempted village, or
local district in which the student enrolls.

(6)
"Poverty line" means the poverty line established by the
director of the United States office of management and budget as
revised by the secretary of health and human services in accordance
with section 673(2) of the "Community Services Block Grant Act,"
95 Stat. 1609, 42 U.S.C.A. 9902, as amended.

(7)
"IEP" has the same meaning as in section 3323.01 of the
Revised Code.

(8)
"Other district" means a city, exempted village, or local
school district having territory outside of the territory of a
district adopting a resolution under this section.

(9)
"Other district student" means a student entitled under
section 3313.64 or 3313.65 of the Revised Code to attend school in an
other district.

(10)
"Other district joint vocational student" means a student
who is enrolled in any city, exempted village, or local school
district and who also enrolls in a joint vocational school district
that does not contain the territory of the district for which that
student is a native student in accordance with a policy adopted under
section 3313.983 of the Revised Code.

(11)
"Active duty member" means a member of the armed forces of
the United States who is on full-time duty.

(12)
"Armed forces" means the United States army, navy, air
force, space force, marine corps, and coast guard.

(B)(1)
Subject to division (I) of this section, the board of education of
each city, local, and exempted village school district shall adopt a
resolution establishing for the school district one of the following
policies:

(a)
A policy that entirely prohibits the enrollment of students from
adjacent districts or other districts, other than students for whom
tuition is paid in accordance with section 3317.08 of the Revised
Code;

(b)
A policy that permits enrollment of students from all adjacent
districts in accordance with policy statements contained in the
resolution;

(c)
A policy that permits enrollment of students from all other districts
in accordance with policy statements contained in the resolution.

(2)
A policy permitting enrollment of students from adjacent or from
other districts, as applicable, shall provide for all of the
following:

(a)
Application procedures, including deadlines for application and for
notification of students and the superintendent of the applicable
district whenever an adjacent or other district student's application
is approved.

(b)
Procedures for admitting adjacent or other district applicants free
of any tuition obligation to the district's schools, including, but
not limited to:

(i)
The establishment of district capacity limits by grade level, school
building, and education program;

(ii)
A requirement that all native students wishing to be enrolled in the
district will be enrolled and that any adjacent or other district
students previously enrolled in the district shall receive preference
over first-time applicants;

(iii)
Procedures to ensure that an appropriate racial balance is maintained
in the district schools.

(C)
Except as provided in section 3313.982 of the Revised Code, the
procedures for admitting adjacent or other district students, as
applicable, shall not include:

(1)
Any requirement of academic ability, or any level of athletic,
artistic, or other extracurricular skills;

(2)
Limitations on admitting applicants because of disability, except
that a board may refuse to admit a student receiving services under
Chapter 3323. of the Revised Code, if the services described in the
student's IEP are not available in the district's schools;

(3)
A requirement that the student be proficient in the English language;

(4)
Rejection of any applicant because the student has been subject to
disciplinary proceedings, except that if an applicant has been
suspended or expelled by the student's district for ten consecutive
days or more in the term for which admission is sought or in the term
immediately preceding the term for which admission is sought, the
procedures may include a provision denying admission of such
applicant.

(D)(1)
Each school board permitting only enrollment of adjacent district
students shall provide information about the policy adopted under
this section, including the application procedures and deadlines, to
the superintendent and the board of education of each adjacent
district and, upon request, to the parent of any adjacent district
student.

(2)
Each school board permitting enrollment of other district students
shall provide information about the policy adopted under this
section, including the application procedures and deadlines, upon
request, to the board of education of any other school district or to
the parent of any student anywhere in the state.

(E)
Any school board shall accept all credits toward graduation earned in
adjacent or other district schools by an adjacent or other district
student or a native student.

(F)(1)
No board of education may adopt a policy discouraging or prohibiting
its native students from applying to enroll in the schools of an
adjacent or any other district that has adopted a policy permitting
such enrollment, except that
:

(a)
A
a

district
may object to the enrollment of a native student in an adjacent or
other district in order to maintain an appropriate racial balance.

(b)
The board of education of a district receiving funds under 64 Stat.
1100 (1950), 20 U.S.C.A. 236 et seq., as amended, may adopt a
resolution objecting to the enrollment of its native students in
adjacent or other districts if at least ten per cent of its students
are included in the determination of the United States secretary of
education made under section 20 U.S.C.A. 238(a).

(2)
If a board objects to enrollment of native students under this
division, any adjacent or other district shall refuse to enroll such
native students unless tuition is paid for the students in accordance
with section 3317.08 of the Revised Code. An adjacent or other
district enrolling such students may not receive funding for those
students in accordance with section 3313.981 of the Revised Code.

(G)
The department of education and workforce shall monitor school
districts to ensure compliance with this section and the districts'
policies. The department may adopt rules requiring uniform
application procedures, deadlines for application, notification
procedures, and record-keeping requirements for all school boards
that adopt policies permitting the enrollment of adjacent or other
district students, as applicable. If the department adopts such
rules, no school board shall adopt a policy that conflicts with those
rules.

(H)
A resolution adopted by a board of education under this section that
entirely prohibits the enrollment of students from adjacent and from
other school districts does not abrogate any agreement entered into
under section 3313.841 or 3313.92 of the Revised Code or any contract
entered into under section 3313.90 of the Revised Code between the
board of education adopting the resolution and the board of education
of any adjacent or other district or prohibit these boards of
education from entering into any such agreement or contract.

(I)
Notwithstanding anything to the contrary in this section or section
3313.981 of the Revised Code, all of the following apply:

(1)
A policy adopted by a city, exempted village, or local school
district board of education under division (B)(1)(a) or (b) of this
section shall permit any student who is not a native student of the
district to enroll in the district if both of the following apply:

(a)
The student's parent is an active duty member of the armed forces
stationed in the state.

(b)
The student's parent provides to the district a copy of the parent's
official written order verifying the parent's status as an active
duty member of the armed forces.

(2)
In enrolling a student pursuant to division (I) of this section, a
district shall comply with procedures prescribed under divisions
(B)(2) and (C) of this section
,
except as provided in division (I)(6) of this section
.
In addition, the district shall not require tuition to be paid for
the student's enrollment in the district.

(3)
A student who, pursuant to this division, enrolls in a district that
has adopted a policy under division (B)(1)(a) of this section and who
is not a native student of that district shall, for the purposes of
sections 3313.981, 3315.18, 3317.03, and 3318.011 of the Revised
Code, be considered as an "other district student" who
enrolls in a district that has adopted a policy under division
(B)(1)(c) of this section. Such student also shall receive
transportation services under section 3313.981 of the Revised Code in
the same manner as an "other district student."

(4)
A student who, pursuant to this division, enrolls in a district that
has adopted a policy under division (B)(1)(b) of this section and who
is not a native student of the district or an adjacent district
shall, nevertheless, be considered an "adjacent district
student" for the purposes of sections 3313.981, 3315.18, and
3317.03 of the Revised Code.

(5)
A student who, pursuant to this division, enrolls in a district that
has adopted a policy under division (B)(1)(b) of this section and
whose parent is subsequently discharged or released from active duty
shall be permitted to attend school in that district and receive
transportation services under section 3313.981 of the Revised Code in
the same manner as an "other district student" for the
remainder of the school year in which the parent is discharged or
released from active duty. After the conclusion of that school year,
that student shall not be eligible under this division, as long as
the student does not have a parent on active duty.

(6)
A school district that enrolls a student under division (I) of this
section, or that enrolls a student described in division (I)(1) of
this section under division (B)(1)(c) of this section, shall not
require the student to comply with any application deadline
established under division (B)(2) of this section.

(J)
Nothing in this section shall be construed to permit or require the
board of education of a city, exempted village, or local school
district to exclude any native student of the district from enrolling
in the district.

Sec.
3314.011.
(A)
Every community school established under this chapter shall have a
designated fiscal officer. Except as provided for in division (C) of
this section, the fiscal officer shall be employed by or engaged
under a contract with the governing authority of the community
school.

(B)
Except as otherwise provided in section 3.061 of the Revised Code,
the
auditor
of state
department
of education and workforce
shall
require that the fiscal officer of any community school, before
entering upon duties as fiscal officer of the school, execute a bond
in an amount and with surety to be approved by the governing
authority of the school, payable to the state, conditioned for the
faithful performance of all the official duties required of the
fiscal officer. The bond shall be deposited with the governing
authority of the school, and a copy thereof, certified by the
governing authority, shall be filed with the county auditor.

(C)
Prior to assuming the duties of fiscal officer, the fiscal officer
designated under this section shall be licensed under section
3301.074 of the Revised Code. Any person serving as a fiscal officer
of a community school on March 22, 2013, who is not licensed as a
treasurer shall be permitted to serve as a fiscal officer for not
more than one year following March 22, 2013. Beginning on that date
and thereafter, no community school shall permit any individual to
serve as a fiscal officer without a license as required by this
section.

(D)(1)
The governing authority of a community school may adopt a resolution
waiving the requirement that the governing authority is the party
responsible to employ or contract with the designated fiscal officer,
as prescribed by division (A) of this section, so long as the
school's sponsor also approves the resolution. The resolution shall
be valid for one year. A new resolution shall be adopted for each
year that the governing authority wishes to waive this requirement,
so long as the school's sponsor also approves the resolution.

No
resolution adopted pursuant to this division may waive the
requirement for a community school to have a designated fiscal
officer.

(2)
If the governing authority adopts a resolution pursuant to division
(D)(1) of this section, the school's designated fiscal officer
annually shall meet with the governing authority to review the
school's financial status.

(3)
The governing authority shall submit to the department of education
and workforce a copy of each resolution adopted pursuant to division
(D)(1) of this section.

Sec.
3314.013.
(A)
Until May 22, 2013, no internet- or computer-based community school
shall operate unless the school was open for instruction as of May 1,
2005. No entity described in division (C)(1) of section 3314.02 of
the Revised Code shall enter into a contract to sponsor an internet-
or computer-based community school, including a conversion school,
between May 1, 2005, and May 22, 2013, except as follows:

(1)
The entity may renew a contract that the entity entered into with an
internet- or computer-based community school prior to May 1, 2005, if
the school was open for operation as of that date.

(2)
The entity may assume sponsorship of an existing internet- or
computer-based community school that was formerly sponsored by
another entity and may enter into a contract with that community
school in accordance with section 3314.03 of the Revised Code.

If
a sponsor entered into a contract with an internet- or computer-based
community school, including a conversion school, but the school was
not open for operation as of May 1, 2005, the contract shall be void
and the entity shall not enter into another contract with the school
until May 22, 2013.

(B)(1)
Beginning on July 1, 2013, up to five new internet- or computer-based
community schools may open each year, subject to approval of the
director of education and workforce under division (B)(2) of this
section.

(2)
The director shall approve applications for new internet- or
computer-based community schools from only those applicants
demonstrating experience and quality.

The
department of education and workforce shall adopt rules prescribing
measures to determine experience and quality of applicants in
accordance with Chapter 119. of the Revised Code. The measures shall
include, but not be limited to, the following considerations:

(a)
The sponsor's experience with online schools;

(b)
The operator's experience with online schools;

(c)
The sponsor's and operator's previous record for student performance;

(d)
A preference for operators with previous experience in Ohio.

(3)
The department shall notify any new internet- or computer-based
community school governed by division (B) of this section of whether
the director has approved or disapproved the school's application to
open for the 2013-2014 school year not later than July 1, 2013.
Notwithstanding the dates prescribed for adoption and signing on
sponsor contracts in division (D) of section 3314.02 of the Revised
Code, or the date for opening a school for instruction required by
division (A)(25) of section 3314.03 of the Revised Code, a new
internet- or computer-based community school approved for opening for
the 2013-2014 school year under division (B) of this section may open
and operate in that school year regardless of whether it has complied
with those contract and opening dates. For each school year
thereafter, the school shall comply with all applicable provisions of
this chapter.

(4)
Notwithstanding divisions (B)(1) and (2) of this section, a sponsor
rated "exemplary" on its most recent evaluation conducted
under section 3314.016 of the Revised Code is permitted to open up to
two new internet- or computer-based community schools that
will
primarily serve students enrolled in a
are

dropout
prevention and recovery
program

community
schools
each
year, not to exceed six new schools in a five-year period.

(C)
Nothing in division (A) or (B) of this section prohibits an internet-
or computer-based community school from increasing the number of
grade levels it offers.

Sec.
3314.015.
(A)
The department of education and workforce shall be responsible for
the oversight of any and all sponsors of the community schools
established under this chapter and shall provide technical assistance
to schools and sponsors in their compliance with applicable laws and
the terms of the contracts entered into under section 3314.03 of the
Revised Code and in the development and start-up activities of those
schools. In carrying out its duties under this section, the
department shall do all of the following:

(1)
In providing technical assistance to proposing parties, governing
authorities, and sponsors, conduct training sessions and distribute
informational materials;

(2)
Approve entities to be sponsors of community schools;

(3)
Monitor and evaluate, as required under section 3314.016 of the
Revised Code, the effectiveness of any and all sponsors in their
oversight of the schools with which they have contracted;

(4)
By December thirty-first of each year, issue a report to the
governor, the speaker of the house of representatives, the president
of the senate, and the chairpersons of the house and senate
committees principally responsible for education matters regarding
the effectiveness of academic programs, operations, and legal
compliance and of the financial condition of all community schools
established under this chapter and on the performance of community
school sponsors;

(5)
From time to time, make legislative recommendations to the general
assembly designed to enhance the operation and performance of
community schools.

(B)(1)
Except as provided in sections 3314.021 and 3314.027 of the Revised
Code, no entity shall enter into a preliminary agreement under
division (C)(2) of section 3314.02 of the Revised Code or renew an
existing contract to sponsor a community school until it has received
approval from the department to sponsor community schools under this
chapter and has entered into a written agreement with the department
regarding the manner in which the entity will conduct such
sponsorship.

On
and after July 1, 2017, each entity that sponsors a community school
in this state, except for an entity described in sections 3314.021
and 3314.027 of the Revised Code, shall attain approval from the
department in order to continue sponsoring schools regardless of
whether that entity intends to enter into a preliminary agreement or
renew an existing contract.

All
new and renewed agreements between the department and a sponsor shall
contain specific language addressing the parameters under which the
department can intervene and potentially revoke sponsorship authority
in the event that the sponsor is unwilling or unable to fulfill its
obligations. Additionally, each agreement shall set forth any
territorial restrictions and limits on the number of schools that
entity may sponsor, provide for an annual evaluation process, and
include a stipulation permitting the department to modify the
agreement under the following circumstances:

(a)
Poor fiscal management;

(b)
Lack of academic progress.

(2)
The initial term of a sponsor's agreement with the department shall
be for up to five years.

(a)
An agreement entered into with the department pursuant to this
section may be renewed for a term of up to ten years using the
following criteria:

(i)
The academic performance of students enrolled in each community
school the entity sponsors, as determined by the department pursuant
to division (B)(1)(a) of section 3314.016 of the Revised Code;

(ii)
The sponsor's adherence to quality practices, as determined by the
department pursuant to division (B)(1)(b) of section 3314.016 of the
Revised Code;

(iii)
The sponsor's compliance with all applicable laws and administrative
rules.

(b)
Each agreement between the department and a sponsor shall specify
that entities with an overall rating of "exemplary" for at
least two consecutive years shall not be subject to the limit on the
number of community schools the entity may sponsor or any territorial
restrictions on sponsorship, for so long as that entity continues to
be rated "exemplary."

(c)
The department shall adopt in accordance with Chapter 119. of the
Revised Code rules containing criteria, procedures, and deadlines for
processing applications for approval of sponsors, for oversight of
sponsors, for notifying a sponsor of noncompliance with applicable
laws and administrative rules under division (F) of this section, for
revocation of the approval of sponsors under division (C) of this
section, and for entering into written agreements with sponsors. The
rules shall require an entity to submit evidence of the entity's
ability and willingness to comply with the provisions of division
(D)

(C)

of
section 3314.03 of the Revised Code. The rules also shall require all
entities approved as sponsors to demonstrate a record of financial
responsibility and successful implementation of educational programs.
If an entity seeking approval to sponsor community schools in this
state sponsors or operates schools in another state, at least one of
the schools sponsored or operated by the entity must be comparable to
or better than the performance of Ohio schools in need of continuous
improvement under section 3302.03 of the Revised Code, as determined
by the department.

Subject
to section 3314.016 of the Revised Code, an entity that sponsors
community schools may enter into preliminary agreements and sponsor
up to one hundred schools, provided each school and the contract for
sponsorship meets the requirements of this chapter. A sponsor that
was rated "exemplary" on its most recent rating under
section 3314.016 of the Revised Code may sponsor up to two hundred
such schools.

(3)
The department shall determine, pursuant to criteria specified in
rules adopted in accordance with Chapter 119. of the Revised Code,
whether the mission proposed to be specified in the contract of a
community school to be sponsored by a state university board of
trustees or the board's designee under division (C)(1)(e) of section
3314.02 of the Revised Code complies with the requirements of that
division. Such determination of the department is final.

(4)
The department shall determine, pursuant to criteria specified in
rules adopted in accordance with Chapter 119. of the Revised Code, if
any tax-exempt entity under section 501(c)(3) of the Internal Revenue
Code that is proposed to be a sponsor of a community school is an
education-oriented entity for purpose of satisfying the condition
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the
Revised Code. Such determination of the department is final.

(C)
If at any time the department finds that a sponsor is not in
compliance or is no longer willing to comply with its contract with
any community school or with the department's rules for sponsorship,
the department shall conduct a hearing in accordance with Chapter
119. of the Revised Code on that matter. If after the hearing, the
department has confirmed the original finding, it may revoke the
sponsor's approval to sponsor community schools. In that case, the
department's office of Ohio school sponsorship, established under
section 3314.029 of the Revised Code, may assume the sponsorship of
any schools with which the sponsor has contracted until the earlier
of the expiration of two school years or until a new sponsor as
described in division (C)(1) of section 3314.02 of the Revised Code
is secured by the school's governing authority. The office of Ohio
school sponsorship may extend the term of the contract in the case of
a school for which it has assumed sponsorship under this division as
necessary to accommodate the term of the department's authorization
to sponsor the school specified in this division. Community schools
sponsored under this division shall not apply to the limit on
directly authorized community schools under division (A)(3) of
section 3314.029 of the Revised Code. However, nothing in this
division shall preclude a community school affected by this division
from applying for sponsorship under that section.

(D)
The decision of the department to disapprove an entity for
sponsorship of a community school or to revoke approval for such
sponsorship under division (C) of this section, may be appealed by
the entity in accordance with section 119.12 of the Revised Code.

(E)
The department shall adopt procedures for use by a community school
governing authority and sponsor when the school permanently closes
and ceases operation, which shall include at least procedures for
data reporting to the department, handling of student records,
distribution of assets in accordance with section 3314.074 of the
Revised Code, and other matters related to ceasing operation of the
school.

(F)(1)
In lieu of revoking a sponsor's authority to sponsor community
schools under division (C) of this section, if the department finds
that a sponsor is not in compliance with applicable laws and
administrative rules, the department shall declare in a written
notice to the sponsor the specific laws or rules, or both, for which
the sponsor is noncompliant. A sponsor notified under division (F)(1)
of this section shall respond to the department not later than
fourteen days after the notification with a proposed plan to remedy
the conditions for which the sponsor was found to be noncompliant.
The department shall approve or disapprove the plan not later than
fourteen days after receiving it. If the plan is disapproved, the
sponsor may submit a revised plan to the department not later than
fourteen days after receiving notification of disapproval from the
department or not later than sixty days after the date the sponsor
received notification of noncompliance from the department, whichever
is earlier. The department shall approve or disapprove the revised
plan not later than fourteen days after receiving it or not later
than sixty days after the date the sponsor received notification of
noncompliance from the department, whichever is earlier. A sponsor
may continue to make revisions by the deadlines prescribed in
division (F)(1) of this section to any revised plan that is
disapproved by the department until the sixtieth day after the date
the sponsor received notification of noncompliance from the
department.

If
a plan or a revised plan is approved, the sponsor shall implement it
not later than sixty days after the date the sponsor received
notification of noncompliance from the department or not later than
thirty days after the plan is approved, whichever is later. If a
sponsor does not respond to the department or implement an approved
compliance plan by the deadlines prescribed by division (F)(1) of
this section, or if a sponsor does not receive approval of a
compliance plan on or before the sixtieth day after the date the
sponsor received notification of noncompliance from the department,
the department shall declare in written notice to the sponsor that
the sponsor is in probationary status, and may limit the sponsor's
ability to sponsor additional schools.

(2)
A sponsor that has been placed on probationary status under division
(F)(1) of this section may apply to the department for its
probationary status to be lifted. The application for a sponsor's
probationary status to be lifted shall include evidence, occurring
after the initial notification of noncompliance, of the sponsor's
compliance with applicable laws and administrative rules. Not later
than fourteen days after receiving an application from the sponsor,
the department shall decide whether or not to remove the sponsor's
probationary status.

(G)
In carrying out its duties under this chapter, the department shall
not impose requirements on community schools or their sponsors that
are not permitted by law or duly adopted rules.

(H)
This section applies to entities that sponsor conversion community
schools and new start-up schools.

(I)
Nothing in divisions (C) to (F) of this section prohibits the
department from taking any action permitted or required under the
written agreement between the department and a sponsoring entity
without a hearing on the matter, in the event that the sponsor is
unwilling or unable to fulfill its obligations.

Sec.
3314.016.
This
section applies to any entity that sponsors a community school,
regardless of whether section 3314.021 or 3314.027 of the Revised
Code exempts the entity from the requirement to be approved for
sponsorship under divisions (A)(2) and (B)(1) of section 3314.015 of
the Revised Code. The office of Ohio school sponsorship established
under section 3314.029 of the Revised Code shall be rated under
division (B) of this section, but divisions (A) and (C) of this
section do not apply to the office.

(A)
An entity that sponsors a community school shall be permitted to
enter into contracts under section 3314.03 of the Revised Code to
sponsor additional community schools only if the entity meets all of
the following criteria:

(1)
The entity is in compliance with all provisions of this chapter
requiring sponsors of community schools to report data or information
to the department of education and workforce.

(2)
The entity is not rated as "ineffective" under division

(B)(6)

(B)(5)

of
this section.

(3)
Except as set forth in sections 3314.021 and 3314.027 of the Revised
Code, the entity has received approval from and entered into an
agreement with the department pursuant to section 3314.015 of the
Revised Code.

(B)(1)
The department shall develop and implement an evaluation system that
annually rates and assigns an overall rating to each entity that
sponsors a community school. The department, not later than the first
day of February of each year, shall post on the department's web site
the framework for the evaluation system, including technical
documentation that the department intends to use to rate sponsors for
the next school year. The department shall solicit public comment on
the evaluation system for thirty consecutive days. Not later than the
first day of April of each year, the department shall compile and
post on the department's web site all public comments that were
received during the public comment period. The evaluation system
shall be posted on the department's web site by the fifteenth day of
July of each school year. Any changes to the evaluation system after
that date shall take effect the following year. The evaluation system
shall be based on the following components:

(a)
Academic performance of students enrolled in community schools
sponsored by the same entity. The academic performance component
shall be derived from the performance measures prescribed for the
state report cards under section 3302.03 or 3314.017 of the Revised
Code, and shall be based on the performance of the schools for the
school year for which the evaluation is conducted. In addition to the
academic performance for a specific school year, the academic
performance component shall also include year-to-year changes in the
overall sponsor portfolio. For a community school for which no graded
performance measures are applicable or available, the department
shall use nonreport card performance measures specified in the
contract between the community school and the sponsor under division
(A)(4) of section 3314.03 of the Revised Code.

(b)
Adherence by a sponsor to the quality practices prescribed by the
department under division (B)(3) of this section.

For
a sponsor that was rated "effective" or "exemplary"
on its most recent rating, the department may evaluate that sponsor's
adherence to quality practices once over a period of three years. If
the department elects to evaluate a sponsor once over a period of
three years, the most recent rating for a sponsor's adherence to
quality practices shall be used when determining an annual overall
rating conducted under this section.

(c)
Compliance with all applicable laws and administrative rules by an
entity that sponsors a community school.

Under
the evaluation system prescribed under division (B)(1) of this
section, the department shall not assign an overall rating of
"ineffective" or lower to an entity that sponsors a
community school solely because that entity received no points on one
of the components prescribed under that division.

(2)
In calculating an academic performance component, the department
shall exclude all community schools that have been in operation for
not more than two full school years
,
all community schools whose contracts were not renewed or terminated
by the sponsor pursuant to section 3314.07 of the Revised Code before
the evaluation,

and all community schools described in division (B)(2) of section
3314.35 of the Revised Code. However, the academic performance of the
community schools described in division (B)(2) of section 3314.35 of
the Revised Code shall be reported, but shall not be used as a factor
when determining a sponsoring entity's rating under this section.

(3)
The department, in consultation with entities that sponsor community
schools, shall prescribe quality practices for community school
sponsors and develop an instrument to measure adherence to those
quality practices. The quality practices shall be based on standards
developed by the national association of charter school authorizers
or any other nationally organized community school organization.

(4)(a)
The department may permit peer review of a sponsor's adherence to the
quality practices prescribed under division (B)(3) of this section.
Peer reviewers shall be limited to individuals employed by sponsors
rated "effective" or "exemplary" on the most
recent ratings conducted under this section.

(b)
The department shall require individuals participating in peer review
under division (B)(4)(a) of this section to complete training
approved or established by the department.

(c)
The department may enter into an agreement with another entity to
provide training to individuals conducting peer review of sponsors.
Prior to entering into an agreement with an entity, the department
shall review and approve of the entity's training program.

(5)
(4)

The director of education and workforce shall adopt rules in
accordance with Chapter 119. of the Revised Code prescribing
standards for measuring compliance with applicable laws and rules
under division (B)(1)(c) of this section.

(6)
(5)

The department annually shall rate all entities that sponsor
community schools as either "exemplary," "effective,"
"ineffective," or "poor," based on the components
prescribed by division (B) of this section, where each component is
weighted equally. A separate rating shall be given by the department
for each component of the evaluation system.

The
department shall publish the ratings between the first day of October
and the fifteenth day of November.

Prior
to the publication of the final ratings, the department shall
designate and provide notice of a period of at least ten business
days during which each sponsor may review the information used by the
department to determine the sponsor's rating on the components
prescribed by division (B)(1) of this section. If the sponsor
believes there is an error in the department's evaluation, the
sponsor may request adjustments to the rating of any of those
components based on documentation previously submitted as part of an
evaluation. The sponsor shall provide to the department any necessary
evidence or information to support the requested adjustments. The
department shall review the evidence and information, determine
whether an adjustment is valid, and promptly notify the sponsor of
its determination and reasons. If any adjustments to the data could
result in a change to the rating on the applicable component or to
the overall rating, the department shall recalculate the ratings
prior to publication.

The
department shall provide training on an annual basis regarding the
evaluation system prescribed under this section. The training shall,
at a minimum, describe methodology, timelines, and data required for
the evaluation system. The first training session shall occur not
later than March 2, 2016. Beginning in 2018, the training shall be
made available to each entity that sponsors a community school by the
fifteenth day of July of each year and shall include guidance on any
changes made to the evaluation system.

(7)(a)
(6)(a)

Entities with an overall rating of "exemplary"
for
the two most recent years in which the entity was evaluated
may
take advantage of the following incentives:

(i)
Renewal of the written agreement with the department, not to exceed
ten years, provided that the entity consents to continued evaluation
of adherence to quality practices as described in division (B)(1)(b)
of this section;

(ii)
The ability to extend the term of the contract between the sponsoring
entity and the community school beyond the term described in the
written agreement with the department;

(iii)
An exemption from the preliminary agreement and contract adoption and
execution deadline requirements prescribed in division (D) of section
3314.02 of the Revised Code;

(iv)
An exemption from the automatic contract expiration requirement,
should a new community school fail to open by the thirtieth day of
September of the calendar year in which the community school contract
is executed;

(v)
No limit on the number of community schools the entity may sponsor;

(vi)
No territorial restrictions on sponsorship.

An
entity may continue to sponsor any community schools with which it
entered into agreements under division
(B)(7)(a)
(B)(6)(a)

(v)
or (vi) of this section while rated "exemplary,"
notwithstanding the fact that the entity later receives a lower
overall rating.

(b)

Entities
with an overall rating of "exemplary" shall not be
evaluated by the department for five full school years following the
school year for which the entity received the "exemplary"
rating.
Entities
with an overall rating of
"exemplary"
or
"effective"

for
the three most recent years in which the entity was evaluated
shall

not

be
evaluated by the department
once
every
for

three

full
school
years

following
the school year for which the entity received the "effective"
rating
.

(c)(i)
Entities that receive an overall rating of "ineffective"
shall be prohibited from sponsoring any new or additional community
schools during the time in which the sponsor is rated as
"ineffective" and shall be subject to a quality improvement
plan based on correcting the deficiencies that led to the
"ineffective" rating, with timelines and benchmarks that
have been established by the department.

(ii)
Entities that receive an overall rating of "ineffective" on
their three most recent ratings shall have all sponsorship authority
revoked. Within thirty days after receiving its third rating of
"ineffective," the entity may appeal the revocation of its
sponsorship authority to the director, who shall appoint an
independent hearing officer to conduct a hearing in accordance with
Chapter 119. of the Revised Code. The hearing shall be conducted
within thirty days after receipt of the notice of appeal. Within
forty-five days after the hearing is completed, the director shall
determine whether the revocation is appropriate based on the hearing
conducted by the independent hearing officer, and if determined
appropriate, the revocation shall be confirmed.

(d)
Entities that receive an overall rating of "poor" shall
have all sponsorship authority revoked. Within thirty days after
receiving a rating of "poor," the entity may appeal the
revocation of its sponsorship authority to the director, who shall
appoint an independent hearing officer to conduct a hearing in
accordance with Chapter 119. of the Revised Code. The hearing shall
be conducted within thirty days after receipt of the notice of
appeal. Within forty-five days after the hearing is completed, the
director shall determine whether the revocation is appropriate based
on the hearing conducted by the independent hearing officer, and if
determined appropriate, the revocation shall be confirmed.

(8)
(7)

For the 2014-2015 school year and each school year thereafter,
student academic performance prescribed under division (B)(1)(a) of
this section shall include student academic performance data from

dropout
prevention and recovery
community
schools

that
primarily serve students enrolled in a dropout prevention and
recovery program
.

(8)
The department shall publish annually academic performance data for
each sponsor in accordance with division (B)(1)(a) of this section,
regardless of whether the sponsor is being evaluated under this
section for that school year.

(C)
If the governing authority of a community school enters into a
contract with a sponsor prior to the date on which the sponsor is
prohibited from sponsoring additional schools under division (A) of
this section and the school has not opened for operation as of that
date, that contract shall be void and the school shall not open until
the governing authority secures a new sponsor by entering into a
contract with the new sponsor under section 3314.03 of the Revised
Code. However, the department's office of Ohio school sponsorship,
established under section 3314.029 of the Revised Code, may assume
the sponsorship of the school until the earlier of the expiration of
two school years or until a new sponsor is secured by the school's
governing authority. A community school sponsored by the department
under this division shall not be included when calculating the
maximum number of directly authorized community schools permitted
under division (A)(3) of section 3314.029 of the Revised Code.

(D)
When an entity's authority to sponsor schools is revoked pursuant to
division
(B)(7)(c)
(B)(6)(c)

or (d) of this section, the office of Ohio school sponsorship shall
assume sponsorship of any schools with which the original sponsor has
contracted for the remainder of that school year. The office may
continue sponsoring those schools until the earlier of:

(1)
The expiration of two school years from the time that sponsorship is
revoked;

(2)
When a new sponsor is secured by the governing authority pursuant to
division (C)(1) of section 3314.02 of the Revised Code.

Any
community school sponsored under this division shall not be counted
for purposes of directly authorized community schools under division
(A)(3) of section 3314.029 of the Revised Code.

(E)
The department shall recalculate the rating for the 2017-2018 school
year for each sponsor of a community school that receives
recalculated ratings pursuant to division (I) of section 3314.017 of
the Revised Code.

Sec.
3314.017.
(A)
The department of education and workforce shall prescribe by rules,
adopted in accordance with Chapter 119. of the Revised Code, an
academic performance rating and report card system that satisfies the
requirements of this section for
dropout
prevention and recovery
community
schools
that
primarily serve students enrolled in dropout prevention and recovery
programs as described in division (B)(1) of section 3314.35 of the
Revised Code
,
to be used in lieu of the system prescribed under sections 3302.03
and 3314.012 of the Revised Code beginning with the 2012-2013 school
year. Each such school shall comply with the testing and reporting
requirements of the system as prescribed by the department.

(B)
Nothing in this section shall at any time relieve a school from its
obligations under the "No Child Left Behind Act of 2001" to
make "adequate yearly progress," as both that act and that
term are defined in section 3302.01 of the Revised Code, or a
school's amenability to the provisions of section 3302.04 or 3302.041
of the Revised Code. The department shall continue to report each
school's performance as required by the act and to enforce applicable
sanctions under section 3302.04 or 3302.041 of the Revised Code.

(C)
The rules adopted by the department shall prescribe the following
performance indicators for the rating and report card system required
by this section:

(1)
Graduation rate for each of the following student cohorts:

(a)
The number of students who graduate in four years or less with a
regular high school diploma divided by the number of students who
form the adjusted cohort for the graduating class;

(b)
The number of students who graduate in five years with a regular high
school diploma divided by the number of students who form the
adjusted cohort for the four-year graduation rate;

(c)
The number of students who graduate in six years with a regular high
school diploma divided by the number of students who form the
adjusted cohort for the four-year graduation rate;

(d)
The number of students who graduate in seven years with a regular
high school diploma divided by the number of students who form the
adjusted cohort for the four-year graduation rate;

(e)
The number of students who graduate in eight years with a regular
high school diploma divided by the number of students who form the
adjusted cohort for the four-year graduation rate.

(2)
The percentage of twelfth-grade students currently enrolled in the
school who have attained the designated passing score on all of the
state high school achievement assessments required under division
(B)(1) of section 3301.0710 of the Revised Code or the cumulative
performance score on the end-of-course examinations prescribed under
division (B)(2) of section 3301.0712 of the Revised Code, whichever
applies, and other students enrolled in the school, regardless of
grade level, who are within three months of their twenty-second
birthday and have attained the designated passing score on all of the
state high school achievement assessments or the cumulative
performance score on the end-of-course examinations, whichever
applies, by their twenty-second birthday;

(3)
Annual measurable objectives as defined in section 3302.01 of the
Revised Code;

(4)
Growth in student achievement in reading, or mathematics, or both as
measured by separate nationally norm-referenced assessments that have
developed appropriate standards for students enrolled in dropout
prevention and recovery programs, adopted or approved by the
department.

(D)(1)
The department's rules shall prescribe the expected performance
levels and benchmarks for each of the indicators prescribed by
division (C) of this section based on the data gathered by the
department under division (G) of this section and simulations created
by the department. Based on a school's level of attainment or
nonattainment of the expected performance levels and benchmarks for
each of the indicators, the department shall rate each school in one
of the following categories:

(a)
Exceeds standards;

(b)
Meets standards;

(c)
Does not meet standards.

(2)
The department's rules shall establish all of the following:

(a)
Performance levels and benchmarks for the indicators described in
divisions (C)(1) to (3) of this section;

(b)
Both of the following:

(i)
Performance levels and benchmarks for the indicator described in
division (C)(4) of this section;

(ii)
Standards for awarding a
dropout
prevention and recovery
community
school
described
in division (B)(1) of section 3314.35 of the Revised Code
an
overall designation, which shall be calculated as follows:

(I)
Thirty per cent of the score shall be based on the indicators
described in division (C)(1) of this section that are applicable to
the school year for which the overall designation is granted.

(II)
Thirty per cent of the score shall be based on the indicators
described in division (C)(4) of this section.

(III)
Twenty per cent of the score shall be based on the indicators
described in division (C)(2) of this section.

(IV)
Twenty per cent of the score shall be based on the indicators
described in division (C)(3) of this section.

(3)
If both of the indicators described in divisions (C)(1) and (2) of
this section improve by ten per cent for two consecutive years, a
school shall be rated not less than "meets standards."

The
rating and the relevant performance data for each school shall be
posted on the department's web site, and a copy of the rating and
data shall be provided to the governing authority of the community
school.

(E)(1)
For the 2012-2013 school year, the department shall issue a report
card including the following performance measures, but without a
performance rating as described in divisions (D)(1)(a) to (c) of this
section, for each community school described in division (B)(1) of
section 3314.35 of the Revised Code:

(a)
The graduation rates as described in divisions (C)(1)(a) to (c) of
this section;

(b)
The percentage of twelfth-grade students and other students who have
attained a designated passing score on high school achievement
assessments as described in division (C)(2) of this section;

(c)
The statewide average for the graduation rates and assessment passage
rates described in divisions (C)(1)(a) to (c) and (C)(2) of this
section;

(d)
Annual measurable objectives described in division (C)(3) of this
section.

(2)
For the 2013-2014 school year, the department shall issue a report
card including the following performance measures for each community
school described in division (B)(1) of section 3314.35 of the Revised
Code:

(a)
The graduation rates described in divisions (C)(1)(a) to (d) of this
section, including a performance rating as described in divisions
(D)(1)(a) to (c) of this section;

(b)
The percentage of twelfth-grade students and other students who have
attained a designated passing score on high school achievement
assessments as described in division (C)(2) of this section,
including a performance rating as described in divisions (D)(1)(a) to
(c) of this section;

(c)
Annual measurable objectives described in division (C)(3) of this
section, including a performance rating as described in divisions
(D)(1)(a) to (c) of this section;

(d)
Both of the following without an assigned rating:

(i)
Growth in annual student achievement in reading and mathematics
described in division (C)(4) of this section, if available;

(ii)
Student outcome data, including postsecondary credit earned,
nationally recognized career or technical certification, military
enlistment, job placement, and attendance rate.

(3)
Beginning with the 2014-2015 school year, and annually thereafter,
the
(E)
The
department

annually

shall
issue a report card for each
dropout
prevention and recovery
community
school
described
in division (B)(1) of section 3314.35 of the Revised Code
that
includes all of the following performance measures, including a
performance rating for each measure as described in divisions
(D)(1)(a) to (c) of this section:

(a)
(1)

The graduation rates as described in division (C)(1) of this section;

(b)
(2)

The percentage of twelfth-grade students and other students who have
attained a designated passing score on high school achievement
assessments as described in division (C)(2) of this section;

(c)
(3)

Annual measurable objectives described in division (C)(3) of this
section, including a performance rating as described in divisions
(D)(1)(a) to (c) of this section;

(d)
(4)

Growth in annual student achievement in reading and mathematics as
described in division (C)(4) of this section;

(e)
(5)

An overall performance designation for the school calculated under
rules adopted under division (D)(2) of this section.

The
department shall also include student outcome data, including
postsecondary credit earned, nationally recognized career or
technical certification, military enlistment, job placement,
attendance rate, and progress on closing achievement gaps for each
school. This information shall not be included in the calculation of
a school's performance rating.

(F)
Not later than the thirty-first day of July of each year, the
department shall submit preliminary report card data for overall
academic performance for each performance measure prescribed in
division
(E)(3)
(E)

of this section for each community school to which this section
applies.

(G)
For the purposes of prescribing performance levels and benchmarks
under division (D) of this section, the department shall gather and
analyze data from prior school years for each
dropout
prevention and recovery
community
school

described
in division (B)(1) of section 3314.35 of the Revised Code
.
Each such school shall cooperate with the department. The department
shall consult with stakeholder groups in performing its duties under
this division.

(H)
The department shall review the performance levels and benchmarks for
performance indicators in the report card issued under this section
and may revise them based on the data collected under division (G) of
this section.

(I)
For the purposes of division (F) of section 3314.351 of the Revised
Code, the department shall recalculate the ratings for each school
under division (E)(3) of this section for the 2017-2018 school year
and calculate the ratings under that division for the 2018-2019
school year using the indicators prescribed by division (C) of this
section, as it exists on and after July 18, 2019.

Sec.
3314.02.
(A)
As used in this chapter:

(1)
"Sponsor" means the board of education of a school district
or the governing board of an educational service center that agrees
to the conversion of all or part of a school or building under
division (B) of this section, or an entity listed in division (C)(1)
of this section, which has been approved by the department of
education and workforce to sponsor community schools or is exempted
by section 3314.021 or 3314.027 of the Revised Code from obtaining
approval, and with which the governing authority of a community
school enters into a contract under section 3314.03 of the Revised
Code.

(2)
"Pilot project area" means the school districts included in
the territory of the former community school pilot project
established by former Section 50.52 of Am. Sub. H.B. No. 215 of the
122nd general assembly.

(3)
"Challenged school district" means any of the following:

(a)
A school district that is part of the pilot project area;

(b)
A school district that meets one of the following conditions:

(i)
On March 22, 2013, the district was in a state of academic emergency
or in a state of academic watch under section 3302.03 of the Revised
Code, as that section existed prior to March 22, 2013;

(ii)
For two of the 2012-2013, 2013-2014, 2014-2015, and 2015-2016 school
years, the district received a grade of "D" or "F"
for the performance index score and a grade of "F" for the
value-added progress dimension under section 3302.03 of the Revised
Code;

(iii)
For the 2016-2017, 2017-2018, 2018-2019, 2019-2020, and 2020-2021
school years, the district has received an overall grade of "D"
or "F" under division (C)(3) of section 3302.03 of the
Revised Code, or, for at least two of the three most recent school
years, the district received a grade of "F" for the
value-added progress dimension under division (C)(1)(e) of that
section;

(iv)
For the 2021-2022 school year and for any school year thereafter, the
district has received an overall performance rating of less than
three stars under division (D)(3) of section 3302.03 of the Revised
Code, or, for at least two of the three most recent school years, the
district received one star for progress under division (D)(3)(c) of
that section.

(c)
A big eight school district;

(d)
A school district ranked in the lowest five per cent of school
districts according to performance index score under section 3302.21
of the Revised Code.

(4)
"Big eight school district" means a school district that
for fiscal year 1997 had both of the following:

(a)
A percentage of children residing in the district and participating
in the predecessor of Ohio works first greater than thirty per cent,
as reported pursuant to section 3317.10 of the Revised Code;

(b)
An average daily membership greater than twelve thousand, as reported
pursuant to former division (A) of section 3317.03 of the Revised
Code.

(5)
"New start-up school" means a community school other than
one created by converting all or part of an existing public school or
educational service center building, as designated in the school's
contract pursuant to division (A)(17) of section 3314.03 of the
Revised Code.

(6)
"Urban school district" means one of the state's twenty-one
urban school districts as defined in division (O) of section 3317.02
of the Revised Code as that section existed prior to July 1, 1998.

(7)
"Internet- or computer-based community school" means a
community school established under this chapter in which the enrolled
students work primarily from their residences on assignments in
nonclassroom-based learning opportunities provided via an internet-
or other computer-based instructional method that does not rely on
regular classroom instruction or via comprehensive instructional
methods that include internet-based, other computer-based, and
noncomputer-based learning opportunities unless a student receives
career-technical education under section 3314.086 of the Revised
Code.

A
community school that operates mainly as an internet- or
computer-based community school and provides career-technical
education under section 3314.086 of the Revised Code shall be
considered an internet- or computer-based community school, even if
it provides some classroom-based instruction, so long as it provides
instruction via the methods described in this division.

(8)
"Operator" or "management company" means either
of the following:

(a)
An individual or organization that manages the daily operations of a
community school pursuant to a contract between the operator or
management company and the school's governing authority;

(b)
A nonprofit organization that provides programmatic oversight and
support to a community school under a contract with the school's
governing authority and that retains the right to terminate its
affiliation with the school if the school fails to meet the
organization's quality standards.

(9)
"Alliance municipal school district" has the same meaning
as in section 3311.86 of the Revised Code.

(10)
"Dropout prevention and recovery community school" means a
community school that enrolls only students who are at least fourteen
years of age and not older than twenty-one years of age and who, at
the time of their initial enrollment, are at least one grade level
behind their cohort age groups or experience crises that
significantly interfere with their academic progress such that they
are prevented from continuing their traditional educational programs.

(B)(1)
Any person or group of individuals may initially propose under this
division the conversion of all or a portion of a public school to a
community school. The proposal shall be made to the board of
education of the city, local, exempted village, or joint vocational
school district in which the public school is proposed to be
converted.

(2)
Any person or group of individuals may initially propose under this
division the conversion of all or a portion of a building operated by
an educational service center to a community school. The proposal
shall be made to the governing board of the service center.

On
or after July 1, 2017, except as provided in section 3314.027 of the
Revised Code, any educational service center that sponsors a
community school shall be approved by and enter into a written
agreement with the department as described in section 3314.015 of the
Revised Code.

(3)
Upon receipt of a proposal, and after an agreement has been entered
into pursuant to section 3314.015 of the Revised Code, a board may
enter into a preliminary agreement with the person or group proposing
the conversion of the public school or service center building,
indicating the intention of the board to support the conversion to a
community school. A proposing person or group that has a preliminary
agreement under this division may proceed to finalize plans for the
school, establish a governing authority for the school, and negotiate
a contract with the board. Provided the proposing person or group
adheres to the preliminary agreement and all provisions of this
chapter, the board shall negotiate in good faith to enter into a
contract in accordance with section 3314.03 of the Revised Code and
division (C) of this section.

(4)
The sponsor of a conversion community school proposed to open in an
alliance municipal school district shall be subject to approval by
the department of education and workforce for sponsorship of that
school using the criteria established under division (A) of section
3311.87 of the Revised Code.

Division
(B)(4) of this section does not apply to a sponsor that, on or before
September 29, 2015, was exempted under section 3314.021 or 3314.027
of the Revised Code from the requirement to be approved for
sponsorship under divisions (A)(2) and (B)(1) of section 3314.015 of
the Revised Code.

(5)
A school established in accordance with division (B) of this section
that later enters into a sponsorship contract with an entity that is
not a school district or educational service center shall, at the
time of entering into the new contract, be deemed a community school
established in accordance with division (C) of this section.

(C)(1)
Provided all other conditions of sponsorship and governance are
satisfied, any person or group of individuals may propose under this
division the establishment of a new start-up school regardless of the
school's proposed location. The proposal may be made to any of the
following entities:

(a)
The board of education of the district in which the school is
proposed to be located;

(b)
The board of education of any joint vocational school district with
territory in the county in which is located the majority of the
territory of the district in which the school is proposed to be
located;

(c)
The board of education of any other city, local, or exempted village
school district having territory in the same county where the
district in which the school is proposed to be located has the major
portion of its territory;

(d)
The governing board of any educational service center, regardless of
the location of the proposed school, may sponsor a new start-up
school if all of the following are satisfied:

(i)
If applicable, it satisfies the requirements of division (E) of
section 3311.86 of the Revised Code;

(ii)
It is approved to do so by the department;

(iii)
It enters into an agreement with the department under section
3314.015 of the Revised Code.

(e)
A sponsoring authority designated by the board of trustees of any of
the thirteen state universities listed in section 3345.011 of the
Revised Code or the board of trustees itself as long as a mission of
the proposed school to be specified in the contract under division
(A)(2) of section 3314.03 of the Revised Code and as approved by the
department under division (B)(3) of section 3314.015 of the Revised
Code will be the practical demonstration of teaching methods,
educational technology, or other teaching practices that are included
in the curriculum of the university's teacher preparation program
approved by the chancellor of higher education;

(f)
Any qualified tax-exempt entity under section 501(c)(3) of the
Internal Revenue Code as long as all of the following conditions are
satisfied:

(i)
The entity has been in operation for at least five years prior to
applying to be a community school sponsor.

(ii)
The entity has assets of at least five hundred thousand dollars and a
demonstrated record of financial responsibility.

(iii)
The department has determined that the entity is an
education-oriented entity under division (B)(4) of section 3314.015
of the Revised Code and the entity has a demonstrated record of
successful implementation of educational programs.

(iv)
The entity is not a community school.

(g)
The mayor of a city in which the majority of the territory of a
school district to which section 3311.60 of the Revised Code applies
is located, regardless of whether that district has created the
position of independent auditor as prescribed by that section. The
mayor's sponsorship authority under this division is limited to
community schools that are located in that school district. Such
mayor may sponsor community schools only with the approval of the
city council of that city, after establishing standards with which
community schools sponsored by the mayor must comply, and after
entering into a sponsor agreement with the department as prescribed
under section 3314.015 of the Revised Code. The mayor shall establish
the standards for community schools sponsored by the mayor not later
than one hundred eighty days after July 15, 2013, and shall submit
them to the department upon their establishment. The department shall
approve the mayor to sponsor community schools in the district, upon
receipt of an application by the mayor to do so. Not later than
ninety days after the department's approval of the mayor as a
community school sponsor, the department shall enter into the sponsor
agreement with the mayor.

Any
entity described in division (C)(1) of this section may enter into a
preliminary agreement pursuant to division (C)(2) of this section
with the proposing person or group, provided that entity has been
approved by and entered into a written agreement with the department
pursuant to section 3314.015 of the Revised Code.

(2)
A preliminary agreement indicates the intention of an entity
described in division (C)(1) of this section to sponsor the community
school. A proposing person or group that has such a preliminary
agreement may proceed to finalize plans for the school, establish a
governing authority as described in division (E) of this section for
the school, and negotiate a contract with the entity. Provided the
proposing person or group adheres to the preliminary agreement and
all provisions of this chapter, the entity shall negotiate in good
faith to enter into a contract in accordance with section 3314.03 of
the Revised Code.

(3)
A new start-up school that is established in a school district
described in either division (A)(3)(b) or (d) of this section may
continue in existence once the school district no longer meets the
conditions described in either division, provided there is a valid
contract between the school and a sponsor.

(4)
A copy of every preliminary agreement entered into under this
division shall be filed with the director of education and workforce.

(D)
A majority vote of the board of a sponsoring entity and a majority
vote of the members of the governing authority of a community school
shall be required to adopt a contract and convert the public school
or educational service center building to a community school or
establish the new start-up school. Beginning September 29, 2005,
adoption of the contract shall occur not later than the fifteenth day
of March, and signing of the contract shall occur not later than the
fifteenth day of May, prior to the school year in which the school
will open. The governing authority shall notify the department of
education and workforce when the contract has been signed. Subject to
sections 3314.013 and 3314.016 of the Revised Code, an unlimited
number of community schools may be established in any school district
provided that a contract is entered into for each community school
pursuant to this chapter.

(E)(1)
As used in this division, "immediate relatives" are limited
to spouses, children, parents, grandparents, and siblings, as well as
in-laws residing in the same household as the person serving on the
governing authority.

Each
new start-up community school established under this chapter shall be
under the direction of a governing authority which shall consist of a
board of not less than five individuals.

(2)(a)
No person shall serve on the governing authority or operate the
community school under contract with the governing authority under
any of the following circumstances:

(i)
The person owes the state any money or is in a dispute over whether
the person owes the state any money concerning the operation of a
community school that has closed.

(ii)
The person would otherwise be subject to division (B) of section
3319.31 of the Revised Code with respect to refusal, limitation, or
revocation of a license to teach, if the person were a licensed
educator.

(iii)
The person has pleaded guilty to or been convicted of theft in office
under section 2921.41 of the Revised Code, or has pleaded guilty to
or been convicted of a substantially similar offense in another
state.

(b)
No person shall serve on the governing authority or engage in the
financial day-to-day management of the community school under
contract with the governing authority unless and until that person
has submitted to a criminal records check in the manner prescribed by
section 3319.39 of the Revised Code.

(c)
Each sponsor of a community school shall annually verify that a
finding for recovery has not been issued by the auditor of state
against any individual or individuals who propose to create a
community school or any member of the governing authority, the
operator, or any employee of each community school with
responsibility for fiscal operations or authorization to expend money
on behalf of the school.

(3)
No person shall serve on the governing authorities of more than five
start-up community schools at the same time unless both of the
following apply:

(a)
The person serves in a volunteer capacity and receives no
compensation under division (E)(5) of this section from any governing
authority on which the person serves.

(b)
For any school that has an operator, the operator is a nonprofit
organization.

(4)(a)
For a community school established under this chapter that is not
sponsored by a school district or an educational service center, no
present or former member, or immediate relative of a present or
former member, of the governing authority shall be an owner,
employee, or consultant of the community school's sponsor or
operator, unless at least one year has elapsed since the conclusion
of the person's membership on the governing authority.

(b)
For a community school established under this chapter that is
sponsored by a school district or an educational service center, no
present or former member, or immediate relative of a present or
former member, of the governing authority shall:

(i)
Be an officer of the district board or service center governing board
that serves as the community school's sponsor, unless at least one
year has elapsed since the conclusion of the person's membership on
the governing authority;

(ii)
Serve as an employee of, or a consultant for, the department,
division, or section of the sponsoring district or service center
that is directly responsible for sponsoring community schools, or
have supervisory authority over such a department, division, or
section, unless at least one year has elapsed since the conclusion of
the person's membership on the governing authority.

(5)
The governing authority of a start-up or conversion community school
may provide by resolution for the compensation of its members.
However, no individual who serves on the governing authority of a
start-up or conversion community school shall be compensated more
than one hundred twenty-five dollars per meeting of that governing
authority and no such individual shall be compensated more than a
total amount of five thousand dollars per year for all governing
authorities upon which the individual serves. Each member of the
governing authority may be paid compensation for attendance at an
approved training program, provided that such compensation shall not
exceed sixty dollars a day for attendance at a training program three
hours or less in length and one hundred twenty-five dollars a day for
attendance at a training program longer than three hours in length.

(6)
No person who is the employee of a school district or educational
service center shall serve on the governing authority of any
community school sponsored by that school district or service center.

(7)
Each member of the governing authority of a community school shall
annually file a disclosure statement setting forth the names of any
immediate relatives or business associates employed by any of the
following within the previous three years:

(a)
The sponsor or operator of that community school;

(b)
A school district or educational service center that has contracted
with that community school;

(c)
A vendor that is or has engaged in business with that community
school.

(8)
No person who is a member of a school district board of education
shall serve on the governing authority of any community school.

(F)(1)
A new start-up school that is established prior to August 15, 2003,
in an urban school district that is not also a big-eight school
district may continue to operate after that date and the contract
between the school's governing authority and the school's sponsor may
be renewed, as provided under this chapter, after that date.

(2)
A community school that was established prior to June 29, 1999, and
is located in a county contiguous to the pilot project area and in a
school district that was not a challenged school district may
continue to operate after that date, provided the school complies
with all provisions of this chapter. The contract between the
school's governing authority and the school's sponsor may be renewed.

(3)
Any educational service center that, on June 30, 2007, sponsors a
community school that is not located in a county within the territory
of the service center or in a county contiguous to such county may
continue to sponsor that community school on and after June 30, 2007,
and may renew its contract with the school.

(4)
The department of education and workforce shall not restrict the
establishment of a new start-up community school to those located in
a challenged school district as was required by this section prior to
September 30, 2021.

Sec.
3314.021.
(A)
This section applies to any entity that is exempt from taxation under
section 501(c)(3) of the Internal Revenue Code and that satisfies the
conditions specified in divisions (C)(1)(f)(ii) and (iii) of section
3314.02 of the Revised Code but does not satisfy the condition
specified in division (C)(1)(f)(i) of that section.

(B)
Notwithstanding division (C)(1)(f)(i) of section 3314.02 of the
Revised Code, and subject to division (D)(2) of this section, an
entity described in division (A) of this section may do both of the
following without obtaining the department of education and
workforce's initial approval of its sponsorship under divisions
(A)(2) and (B)(1) of section 3314.015 of the Revised Code:

(1)
Succeed the board of trustees of a state university located in the
pilot project area or that board's designee as the sponsor of a
community school established under this chapter;

(2)
Continue to sponsor that school in conformance with the terms of the
contract between the board of trustees or its designee and the
governing authority of the community school and renew that contract
as provided in division
(E)

(D)

of
section 3314.03 of the Revised Code.

(C)
The entity that succeeds the board of trustees or the board's
designee as sponsor of a community school under division (B) of this
section also may enter into contracts to sponsor other community
schools regardless of the proposed school's location, without
obtaining the department's initial approval of its sponsorship of
those schools under divisions (A)(2) and (B)(1) of section 3314.015
of the Revised Code as long as the contracts conform with and the
entity complies with all other requirements of this chapter.

(D)(1)
Regardless of the entity's authority to sponsor community schools
without the initial approval of the department, the entity is under
the continuing oversight of the department in accordance with rules
adopted under section 3314.015 of the Revised Code.

(2)
If an entity described in division (A) of this section receives a
rating below "effective" under division (B) of section
3314.016 of the Revised Code for two or more consecutive years, that
entity shall receive approval from the department to sponsor
community schools and enter into a written agreement with the
department in accordance with division (B)(1) of section 3314.015 of
the Revised Code prior to entering into any further preliminary
agreements under division (C)(2) of section 3314.02 of the Revised
Code or renewing any existing contract to sponsor a community school.

(E)(1)
As used in division (E) of this section:

(a)
"Board of trustees" means a board of trustees of a state
university located in the pilot project area.

(b)
"Rating" means a sponsor rating under section 3314.016 of
the Revised Code.

(2)
Notwithstanding anything to the contrary in division

(B)(7)(b)
(B)(6)(b)

of section 3314.016 of the Revised Code, for the purposes of that
division, the department shall consider an entity that succeeded a
board of trustees as the sponsor of a community school in accordance
with division (B)(1) of this section to have received the same rating
for the 2016-2017 school year as the board of trustees, provided all
of the following apply:

(a)
The department assigned the board of trustees a rating of either
"effective" or "exemplary" for the 2016-2017
school year.

(b)
The department did not assign the entity its own rating for the
2016-2017 school year.

(c)
The department assigned the entity its own rating for the 2017-2018
school year.

Sec.
3314.03.
A
copy of every contract entered into under this section shall be filed
with the director of education and workforce. The department of
education and workforce shall make available on its web site a copy
of every approved, executed contract filed with the director under
this section.

(A)
Each contract entered into between a sponsor and the governing
authority of a community school shall specify the following:

(1)
That the school shall be established as either of the following:

(a)
A nonprofit corporation established under Chapter 1702. of the
Revised Code, if established prior to April 8, 2003;

(b)
A public benefit corporation established under Chapter 1702. of the
Revised Code, if established after April 8, 2003.

(2)
The education program of the school, including the school's mission

and
educational philosophy
,
the characteristics of the students the school is expected to
attract, the ages and grades of students, and the focus of the
curriculum;

(3)
The academic goals to be achieved and the method of measurement that
will be used to determine progress toward those goals, which shall
include the statewide achievement assessments;

(4)
Performance standards, including but not limited to all applicable
report card measures set forth in section 3302.03 or 3314.017 of the
Revised Code, by which the success of the school will be evaluated by
the sponsor;

(5)
The admission standards of section 3314.06 of the Revised Code and,
if applicable, section 3314.061 of the Revised Code;

(6)(a)
Dismissal procedures;

(b)
A requirement that the governing authority adopt an attendance policy
that includes a procedure for automatically withdrawing a student
from the school if the student without a legitimate excuse fails to
participate in seventy-two consecutive hours of the learning
opportunities offered to the student.

(7)
The ways by which the school will achieve racial and ethnic balance
reflective of the community it serves;

(8)
Requirements for financial audits by the auditor of state. The
contract shall require financial records of the school to be
maintained in the same manner as are financial records of school
districts, pursuant to rules of the auditor of state. Audits shall be
conducted in accordance with section 117.10 of the Revised Code.

(9)
An addendum to the contract outlining the facilities to be used that
contains at least the following information:

(a)
A detailed description of each facility used for instructional
purposes;

(b)
The annual costs associated with leasing each facility that are paid
by or on behalf of the school;

(c)
The annual mortgage principal and interest payments that are paid by
the school;

(d)
The name of the lender or landlord, identified as such, and the
lender's or landlord's relationship to the operator, if any.

(10)
Qualifications of employees, including both of the following:

(a)
A requirement that the school's classroom teachers be licensed in
accordance with sections 3319.22 to 3319.31 of the Revised Code,
except that a community school may engage noncertificated persons to
teach up to twelve hours or forty hours per week pursuant to section
3319.301 of the Revised Code;

(b)
A prohibition against the school employing an individual described in
section 3314.104 of the Revised Code in any position.

(11)
That the school will comply with the following requirements:

(a)
The school will provide learning opportunities to a minimum of
twenty-five students for a minimum of nine hundred twenty hours per
school year.

(b)
The governing authority will purchase liability insurance, or
otherwise provide for the potential liability of the school.

(c)
The school will be nonsectarian in its programs, admission policies,
employment practices, and all other operations, and will not be
operated by a sectarian school or religious institution.

(d)
The school will comply with sections 9.90, 9.91, 109.65, 121.22,
149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 3301.0712,
3301.0715, 3301.0729,
3301.24,

3301.948,
3302.037,

3313.472,
3313.473, 3313.474, 3313.50, 3313.539, 3313.5310, 3313.5318,
3313.5319, 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014,
3313.6020, 3313.6024, 3313.6026, 3313.6028, 3313.6029,
3313.6031,

3313.643,
3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661, 3313.662,
3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67, 3313.671,
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719,
3313.7112, 3313.7117, 3313.721, 3313.753, 3313.80, 3313.814,
3313.816, 3313.817, 3313.818, 3313.819, 3313.86, 3313.89, 3313.96,
3319.073, 3319.077, 3319.078, 3319.0812, 3319.238, 3319.318,
3319.321, 3319.324, 3319.39, 3319.391, 3319.393, 3319.41, 3319.46,
3319.90, 3319.614, 3320.01, 3320.02, 3320.03, 3320.04, 3321.01,
3321.041, 3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19,
3322.20, 3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262,
5502.703, and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742.,
4112., 4123., 4141., and 4167. of the Revised Code as if it were a
school district and will comply with section 3301.0714 of the Revised
Code in the manner specified in section 3314.17 of the Revised Code.

(e)
The school shall comply with Chapter 102. and section 2921.42 of the
Revised Code.

(f)
The school will comply with sections 3313.61, 3313.611, 3313.614,
3313.617, 3313.618, and 3313.6114 of the Revised Code, except that
for students who enter ninth grade for the first time before July 1,
2010, the requirement in sections 3313.61 and 3313.611 of the Revised
Code that a person must successfully complete the curriculum in any
high school prior to receiving a high school diploma may be met by
completing the curriculum adopted by the governing authority of the
community school rather than the curriculum specified in Title XXXIII
of the Revised Code or any rules of the department. Beginning with
students who enter ninth grade for the first time on or after July 1,
2010, the requirement in sections 3313.61 and 3313.611 of the Revised
Code that a person must successfully complete the curriculum of a
high school prior to receiving a high school diploma shall be met by
completing the requirements prescribed in section 3313.6027 and
division (C) of section 3313.603 of the Revised Code, unless the
person qualifies under division (D) or (F) of that section. Each
school shall comply with the plan for awarding high school credit
based on demonstration of subject area competency, and beginning with
the 2017-2018 school year, with the updated plan that permits
students enrolled in seventh and eighth grade to meet curriculum
requirements based on subject area competency adopted by the
department under divisions (J)(1) and (2) of section 3313.603 of the
Revised Code. Beginning with the 2018-2019 school year, the school
shall comply with the framework for granting units of high school
credit to students who demonstrate subject area competency through
work-based learning experiences, internships, or cooperative
education developed by the department under division (J)(3) of
section 3313.603 of the Revised Code.

(g)
The school governing authority will submit within four months after
the end of each school year a report of its activities and progress
in meeting the goals and standards of divisions (A)(3) and (4) of
this section and its financial status to the sponsor and the parents
of all students enrolled in the school.

(h)
The school, unless it is an internet- or computer-based community
school, will comply with section 3313.801 of the Revised Code as if
it were a school district.

(i)
If the school is the recipient of moneys from a grant awarded under
the federal race to the top program, Division (A), Title XIV,
Sections 14005 and 14006 of the "American Recovery and
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the
school will pay teachers based upon performance in accordance with
section 3317.141 and will comply with section 3319.111 of the Revised
Code as if it were a school district.

(j)
If the school operates a preschool program that is licensed by the
department under sections 3301.52 to 3301.59 of the Revised Code, the
school shall comply with sections 3301.50 to 3301.59 of the Revised
Code and the minimum standards for preschool programs prescribed in
rules adopted by the department of children and youth under section
3301.53 of the Revised Code.

(k)
The school will comply with sections 3313.6021 and 3313.6023 of the
Revised Code as if it were a school district unless it is either of
the following:

(i)
An internet- or computer-based community school;

(ii)
A community school in which a majority of the enrolled students are
children with disabilities as described in division (B)(2) of section
3314.35 of the Revised Code.

(l)
The school will comply with section 3321.191 of the Revised Code,
unless it is an internet- or computer-based community school that is
subject to section 3314.261 of the Revised Code.

(m)
The school will comply with section 3313.7118 of the Revised Code if
it serves elementary school students.

(12)
Arrangements for providing health and other benefits to employees;

(13)
The length of the contract, which shall begin at the beginning of an
academic year. No contract shall exceed five years unless such
contract has been renewed pursuant to division
(E)

(D)

of
this section.

(14)
The governing authority of the school, which shall be responsible for
carrying out the provisions of the contract;

(15)
A financial plan detailing an estimated school budget for each year
of the period of the contract and specifying the total estimated per
pupil expenditure amount for each such year.

(16)
Requirements and procedures regarding the disposition of employees of
the school in the event the contract is terminated or not renewed
pursuant to section 3314.07 of the Revised Code;

(17)
Whether the school is to be created by converting all or part of an
existing public school or educational service center building or is
to be a new start-up school, and if it is a converted public school
or service center building,
specification

both
of the following:

(a)
Specification
of
any duties or responsibilities of an employer that the board of
education or service center governing board that operated the school
or building before conversion is delegating to the governing
authority of the community school with respect to all or any
specified group of employees provided the delegation is not
prohibited by a collective bargaining agreement applicable to such
employees;

(b)
Alternative arrangements for current public school students who
choose not to attend the converted school and for teachers who choose
not to teach in the school or building after conversion.

(18)
Provisions establishing procedures for resolving disputes or
differences of opinion between the sponsor and the governing
authority of the community school;

(19)
A provision requiring the governing authority to adopt a policy
regarding the admission of students who reside outside the district
in which the school is located. That policy shall comply with the
admissions procedures specified in sections 3314.06 and 3314.061 of
the Revised Code and, at the sole discretion of the authority, shall
do one of the following:

(a)
Prohibit the enrollment of students who reside outside the district
in which the school is located;

(b)
Permit the enrollment of students who reside in districts adjacent to
the district in which the school is located;

(c)
Permit the enrollment of students who reside in any other district in
the state.

(20)
A provision recognizing the authority of the department to take over
the sponsorship of the school in accordance with the provisions of
division (C) of section 3314.015 of the Revised Code;

(21)
A provision recognizing the sponsor's authority to assume the
operation of a school under the conditions specified in division (B)
of section 3314.073 of the Revised Code;

(22)
A provision recognizing both of the following:

(a)
The authority of public health and safety officials to inspect the
facilities of the school and to order the facilities closed if those
officials find that the facilities are not in compliance with health
and safety laws and regulations;

(b)
The authority of the department as the community school oversight
body to suspend the operation of the school under section 3314.072 of
the Revised Code if the department has evidence of conditions or
violations of law at the school that pose an imminent danger to the
health and safety of the school's students and employees and the
sponsor refuses to take such action.

(23)
A description of the learning opportunities that will be offered to
students including both classroom-based and non-classroom-based
learning opportunities that is in compliance with criteria for
student participation established by the department under division
(H)(2) of section 3314.08 of the Revised Code;

(24)
The school will comply with sections 3302.04 and 3302.041 of the
Revised Code, except that any action required to be taken by a school
district pursuant to those sections shall be taken by the sponsor of
the school.

(25)
Beginning in the 2006-2007 school year, the school will open for
operation not later than the thirtieth day of September each school
year, unless the mission of the school as specified under division
(A)(2) of this section is solely to serve dropouts. In its initial
year of operation, if the school fails to open by the thirtieth day
of September, or within one year after the adoption of the contract
pursuant to division (D) of section 3314.02 of the Revised Code if
the mission of the school is solely to serve dropouts, the contract
shall be void.

(26)
Whether the school's governing authority is planning to seek
designation for the school as a STEM school equivalent under section
3326.032 of the Revised Code;

(27)
That the school's attendance and participation policies will be
available for public inspection;

(28)
That the school's attendance and participation records shall be made
available to the department, auditor of state, and school's sponsor
to the extent permitted under and in accordance with the "Family
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20
U.S.C. 1232g, as amended, and any regulations promulgated under that
act, and section 3319.321 of the Revised Code;

(29)
If a school operates using the blended learning model, as defined in
section 3301.079 of the Revised Code, all of the following
information:

(a)
An indication of what blended learning model or models will be used;

(b)
A description of how student instructional needs will be determined
and documented;

(c)
The method to be used for determining competency, granting credit,
and promoting students to a higher grade level;

(d)
The school's attendance requirements, including how the school will
document participation in learning opportunities;

(e)
A statement describing how student progress will be monitored;

(f)
A statement describing how private student data will be protected;

(g)
A description of the professional development activities that will be
offered to teachers.

(30)
A provision requiring that all moneys the school's operator loans to
the school, including facilities loans or cash flow assistance, must
be accounted for, documented, and bear interest at a fair market
rate;

(31)
A provision requiring that, if the governing authority contracts with
an attorney, accountant, or entity specializing in audits, the
attorney, accountant, or entity shall be independent from the
operator with which the school has contracted.

(32)
A provision requiring the governing authority to adopt an enrollment
and attendance policy that requires a student's parent to notify the
community school in which the student is enrolled when there is a
change in the location of the parent's or student's primary
residence.

(33)
A provision requiring the governing authority to adopt a student
residence and address verification policy for students enrolling in
or attending the school.

(34)
A provision establishing the process by which the governing authority
of the school will be selected in the future.

(35)
A description of the management and administration of the school.

(36)
A provision requiring the governing authority to adopt policies and
procedures to establish internal financial controls for the school.

(B)

The
community school shall also submit to the sponsor a comprehensive
plan for the school. The plan shall specify the following:

(1)
The process by which the governing authority of the school will be
selected in the future;

(2)
The management and administration of the school;

(3)
If the community school is a currently existing public school or
educational service center building, alternative arrangements for
current public school students who choose not to attend the converted
school and for teachers who choose not to teach in the school or
building after conversion;

(4)
The instructional program and educational philosophy of the school;

(5)
Internal financial controls.

When
submitting the plan under this division, the school shall also submit
copies of all policies and procedures regarding internal financial
controls adopted by the governing authority of the school.

(C)

A
contract entered into under section 3314.02 of the Revised Code
between a sponsor and the governing authority of a community school
may provide for the community school governing authority to make
payments to the sponsor, which is hereby authorized to receive such
payments as set forth in the contract between the governing authority
and the sponsor. The total amount of such payments for monitoring,
oversight, and technical assistance of the school shall not exceed
three per cent of the total amount of payments for operating expenses
that the school receives from the state.

(D)

(C)

The
contract shall specify the duties of the sponsor which shall be in
accordance with the written agreement entered into with the
department under division (B) of section 3314.015 of the Revised Code
and shall include the following:

(1)
Monitor the community school's compliance with all laws applicable to
the school and with the terms of the contract;

(2)
Monitor and evaluate the academic and fiscal performance and the
organization and operation of the community school on at least an
annual basis;

(3)
Provide technical assistance to the community school in complying
with laws applicable to the school and terms of the contract;

(4)
Take steps to intervene in the school's operation to correct problems
in the school's overall performance, declare the school to be on
probationary status pursuant to section 3314.073 of the Revised Code,
suspend the operation of the school pursuant to section 3314.072 of
the Revised Code, or terminate the contract of the school pursuant to
section 3314.07 of the Revised Code as determined necessary by the
sponsor;

(5)
Have in place a plan of action to be undertaken in the event the
community school experiences financial difficulties or closes prior
to the end of a school year.

(E)

(D)

Upon
the expiration of a contract entered into under this section, the
sponsor of a community school may, with the approval of the governing
authority of the school, renew that contract for a period of time
determined by the sponsor, but not ending earlier than the end of any
school year, if the sponsor finds that the school's compliance with
applicable laws and terms of the contract and the school's progress
in meeting the academic goals prescribed in the contract have been
satisfactory. Any contract that is renewed under this division
remains subject to the provisions of sections 3314.07, 3314.072, and
3314.073 of the Revised Code.

(F)

(E)

If
a community school fails to open for operation within one year after
the contract entered into under this section is adopted pursuant to
division (D) of section 3314.02 of the Revised Code or permanently
closes prior to the expiration of the contract, the contract shall be
void and the school shall not enter into a contract with any other
sponsor. A school shall not be considered permanently closed because
the operations of the school have been suspended pursuant to section
3314.072 of the Revised Code.

Sec.
3314.034.
(A)
Subject to division (B) of this section, and except as described in
division (E) of this section, any community school to which either of
the following conditions apply shall be prohibited from entering into
a contract with a new sponsor:

(1)
The community school has received, on the most recent report card
issued for that school under section 3302.03 of the Revised Code,
either of the following:

(a)
A grade of "D" or "F" for the performance index
score, under division (C)(1)(b) of section 3302.03 of the Revised
Code, and an overall grade of "D" or "F" for the
value-added progress dimension or another measure of student academic
progress if adopted by the department of education and workforce,
under division (C)(1)(e) of that section;

(b)
A performance rating of less than three stars for achievement under
division (D)(3)(b) of section 3302.03 of the Revised Code and a
performance rating of less than three stars for progress under
division (D)(3)(c) of that section.

(2)
The community school is
one
in which a majority of the students are enrolled in
a
dropout prevention and recovery

program

community
school
,
and it has received a rating of "does not meet standards"
for the annual student growth measure and combined graduation rates
on the most recent report card issued for the school under section
3314.017 of the Revised Code.

(B)
A community school to which division (A) of this section applies may
enter into a contract with a new sponsor if all of the following
conditions are satisfied:

(1)
The proposed sponsor received a rating of "effective" or
higher pursuant to division
(B)(6)
(B)(5)

of section 3314.016 of the Revised Code on its most recent evaluation
conducted according to that section, or the proposed sponsor is the
office of Ohio school sponsorship established in section 3314.029 of
the Revised Code.

(2)
The community school submits a request to enter into a new contract
with a sponsor.

(3)
The community school has not submitted a prior request that was
granted.

(4)
The department grants the school's request pursuant to division (C)
of this section.

(C)(1)
A school shall submit a request to change sponsors under this section
not later than on the fifteenth day of February of the year in which
the school wishes to do so. If a community school to which division
(A)(1) of this section applies submits a request to the department to
enter into a contract with a new sponsor and a majority of the
school's students are children with disabilities receiving special
education and related services under Chapter 3323. of the Revised
Code, the department shall at least consider the school's performance
as measured against the average performance of all other community
schools that primarily serve children with disabilities.

(2)
The department shall grant or deny the request not later than thirty
days after the department receives it. If the department denies the
request, the community school may submit an appeal to the director of
education and workforce who shall hold a hearing in accordance with
Chapter 119. of the Revised Code. The community school shall file its
notice of appeal to the director not later than ten days after
receiving the decision from the department. The director shall
conduct the hearing not later than thirty days after receiving the
school's notice of appeal and act upon the determination of the
hearing officer not later than the twenty-fifth day of June of the
year in which the school wishes to change sponsors.

(D)
Factors to be considered during a hearing held pursuant to division
(C) of this section include, but are not limited to, the following:

(1)
The school's impact on the students and the community or communities
it serves;

(2)
The quality and quantity of academic and administrative support the
school receives from its current sponsor to help the school to
improve;

(3)
The sponsor's annual evaluations of the community school under
division
(D)(2)

(c)(2)

of
section 3314.03 of the Revised Code for the previous three years;

(4)
The academic performance of the school, taking into account the
demographic information of the students enrolled in the school;

(5)
The academic performance of alternative schools that serve comparable
populations of students as those served by the community school;

(6)
The fiscal stability of the school;

(7)
The results of any audits of the school by the auditor of state;

(8)
The length of time the school has been under the oversight of its
current sponsor;

(9)
The number of times the school has changed sponsors prior to the
current request;

(10)
Parent and student satisfaction rates as demonstrated by surveys, if
available.

(E)
Notwithstanding anything to the contrary in this section, if a
community school in which a majority of the enrolled students are
children with disabilities receiving special education and related
services in accordance with Chapter 3323. of the Revised Code meets
both of the following criteria, the school may enter into a contract
with a new sponsor, provided that the new sponsor satisfies the
criteria in division (B)(1) of this section:

(1)
The school received, on its most recent report card issued under
section 3302.03 of the Revised Code, a performance rating of at least
three stars for progress under division (D)(3)(c) of that section.

(2)
As calculated for the most recent school year under section 3302.035
of the Revised Code, the school's performance index score for
students with disabilities was higher than the performance index
score for students with disabilities of the school district in which
the school is located.

Sec.
3314.038.
Each
community school shall annually submit to the department of education
and workforce
and
auditor of state
a
report of each instance under which a student who is enrolled in that
community school resides in a children's residential center as
defined under section 5103.05 of the Revised Code.

Sec.
3314.05.
(A)
The contract between the community school and the sponsor shall
specify the facilities to be used for the community school and the
method of acquisition.

Except
as provided in divisions (B)(3) and (4) of this section, no community
school shall be established in more than one school district under
the same contract.

(B)
Division (B) of this section shall not apply to internet- or
computer-based community schools.

(1)
A community school may be located in multiple facilities under the
same contract
only
if the limitations on availability of space prohibit serving all the
grade levels specified in the contract in a single facility or
division (B)(2), (3), or (4) of this section applies to the school.
The school shall not offer the same grade level classrooms in more
than one facility.

(2)
A community school may be located in multiple facilities under the
same contract and, notwithstanding division (B)(1) of this section,
may assign students in the same grade level to multiple facilities,
as long as all of the following apply:

(a)
The governing authority has entered into and maintains a contract
with an operator of the type described in division (A)(8)(b) of
section 3314.02 of the Revised Code.

(b)
The contract with that operator qualified the school to be
established pursuant to division (A) of former section 3314.016 of
the Revised Code.

(c)
The school's rating under section 3302.03 of the Revised Code does
not fall below a combination of any of the following for two or more
consecutive years:

(i)
A rating of "in need of continuous improvement" under
section 3302.03 of the Revised Code, as that section existed prior to
March 22, 2013;

(ii)
For the 2012-2013, 2013-2014, 2014-2015, and 2015-2016 school years,
a rating of "C" for both the performance index score under
division (A)(1)(b) or (B)(1)(b) and the value-added dimension under
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised
Code; or if the building serves only grades ten through twelve, the
building received a grade of "C" for the performance index
score under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the
Revised Code;

(iii)
For the 2016-2017, 2017-2018, 2018-2019, 2019-2020, 2020-2021 school
years, an overall grade of "C" under division (C)(3) of
section 3302.03 of the Revised Code or an overall performance
designation of "meets standards" under division (E)(3)(e)
of section 3314.017 of the Revised Code;

(iv)
For the 2021-2022 school year and any school year thereafter, an
overall performance rating of three stars under division (D)(3) of
section 3302.03 of the Revised Code or an overall performance
designation of "meets standards" under division (E)(3)(e)
of section 3314.017 of the Revised Code
.

(3)
On and after September 30, 2021, a new start-up community school may
be established in two school districts under the same contract
regardless of the proposed location of either district if both of the
following apply:

(a)
The school operates not more than one facility in each school
district and, in accordance with division (B)(1) of this section, the
school does not offer the same grade level classrooms in both
facilities; and

(b)
Transportation between the two facilities does not require more than
thirty minutes of direct travel time as measured by school bus.

(4)
A community school may be located in multiple facilities under the
same contract and, notwithstanding division (B)(1) of this section,
may assign students in the same grade level to multiple facilities,
as long as both of the following apply:

(a)
The facilities are all located in the same county or in any county
adjacent to the county in which the community school's primary
facility is located.

(b)
Either of the following conditions are satisfied:

(i)
The community school is sponsored by a board of education of a city,
local, or exempted village school district having territory in the
same county where the facilities of the community school are located
or in any county adjacent to the county in which the community
school's primary facility is located;

(ii)
The community school is managed by an operator.

(2)

In
the case of a community school
to
which division (B)(4) of this section applies and
that
maintains facilities in more than one school district, the school's
governing authority shall designate one of those districts to be
considered the school's primary location and the district in which
the school is located for the purposes of division (A)(19) of section
3314.03 and divisions (C) and (H) of section 3314.06 of the Revised
Code and for all other purposes of this chapter and shall notify the
department of that designation.

A
community school governing authority that elects to modify a
community school's primary location shall notify the department of
that modification.

(5)

(3)

Any
facility used for a community school shall meet all health and safety
standards established by law for school buildings.

(C)
In the case where a community school is proposed to be located in a
facility owned by a school district or educational service center,
the facility may not be used for such community school unless the
district or service center board owning the facility enters into an
agreement for the community school to utilize the facility. Use of
the facility may be under any terms and conditions agreed to by the
district or service center board and the school.

(D)
Two or more separate community schools may be located in the same
facility.

(E)
In the case of a community school that is located in multiple
facilities, beginning July 1, 2012, the department shall assign a
unique identification number to the school and to each facility
maintained by the school. Each number shall be used for
identification purposes only. Nothing in this division shall be
construed to require the department to calculate the amount of funds
paid under this chapter, or to compute any data required for the
report cards issued under section 3314.012 of the Revised Code, for
each facility separately. The department shall make all such
calculations or computations for the school as a whole.

(F)(1)
In the case of a community school that exists prior to September 30,
2021, to which division (B)(3) of this section applies, if only one
of the school districts in which the school is established was
located in a challenged school district prior to September 30, 2021,
that district continues to be considered the school's primary
location and the district in which the school is located for the
purposes of division (A)(19) of section 3314.03 and divisions (C) and
(H) of section 3314.06 of the Revised Code and for all other purposes
of this chapter unless and until the school's governing authority
designates a different school district as the school's primary
location in accordance with division (F)(2) of this section. If both
of the school districts in which the school is established were
challenged school districts on that date, and the primary location
was already designated by the school's governing authority pursuant
to the requirements of this section as it existed prior to September
30, 2021, that designation remains unless and until the school's
governing authority designates a different primary location.

(2)(a)
On and after September 30, 2021, when a new start-up community school
is established in two school districts under the same contract, the
school's governing authority shall designate one of those districts
to be considered the school's primary location and the district in
which the school is located for the purposes of division (A)(19) of
section 3314.03 and divisions (C) and (H) of section 3314.06 of the
Revised Code and for all other purposes of this chapter and shall
notify the department of education and workforce of that designation.

(b)
A community school governing authority that elects to modify a
community school's primary location, whether in accordance with
division (F)(1) of this section or otherwise, shall notify the
department of that modification.

Sec.
3314.07.
(A)
The expiration of the contract for a community school between a
sponsor and a school shall be the date provided in the contract. A
successor contract may be entered into pursuant to division
(E)

(D)

of
section 3314.03 of the Revised Code unless the contract is terminated
or not renewed pursuant to this section.

(B)(1)
A sponsor may choose not to renew a contract at its expiration or may
choose to terminate a contract prior to its expiration for any of the
following reasons:

(a)
Failure to meet student performance requirements stated in the
contract;

(b)
Failure to meet generally accepted standards of fiscal management;

(c)
Violation of any provision of the contract or applicable state or
federal law;

(d)
Other good cause.

(2)
A sponsor may choose to terminate a contract prior to its expiration
if the sponsor has suspended the operation of the contract under
section 3314.072 of the Revised Code.

(3)
Not later than the fifteenth day of January in the year in which the
sponsor intends to terminate or take actions not to renew the
community school's contract, the sponsor shall notify the school of
the proposed action in writing. The notice shall include the reasons
for the proposed action in detail, the effective date of the
termination or nonrenewal, and a statement that the school may,
within fourteen days of receiving the notice, request an informal
hearing before the sponsor. Such request must be in writing. The
informal hearing shall be held within fourteen days of the receipt of
a request for the hearing. Not later than fourteen days after the
informal hearing, the sponsor shall issue a written decision either
affirming or rescinding the decision to terminate or not renew the
contract.

(4)
The termination of a contract under this section shall be effective
upon the occurrence of the later of the following events:

(a)
The date the sponsor notifies the school of its decision to terminate
the contract as prescribed in division (B)(3) of this section;

(b)
If an informal hearing is requested under division (B)(3) of this
section and as a result of that hearing the sponsor affirms its
decision to terminate the contract, the effective date of the
termination specified in the notice issued under division (B)(3) of
this section.

(5)
Any community school whose contract is terminated or not renewed
under division (B)(1)(a) or (b) of this section shall close
permanently at the end of the current school year or on a date
specified in the notification of termination or nonrenewal under
division (B)(3) of this section. Any community school whose contract
is terminated or not renewed for failure to meet student performance
requirements stated in the contract, or for failure to meet generally
accepted standards of fiscal management under this division shall not
enter into a contract with any other sponsor.

(C)
A child attending a community school whose contract has been
terminated, nonrenewed, or suspended or that closes for any reason
shall be admitted to the schools of the district in which the child
is entitled to attend under section 3313.64 or 3313.65 of the Revised
Code. Any deadlines established for the purpose of admitting students
under section 3313.97 or 3313.98 of the Revised Code shall be waived
for students to whom this division pertains.

(D)
If a community school does not intend to renew a contract with its
sponsor, the community school shall notify its sponsor in writing of
that fact at least one hundred eighty days prior to the expiration of
the contract. Such a community school may enter into a contract with
a new sponsor in accordance with section 3314.03 of the Revised Code
upon the expiration of the previous contract.

(E)
A sponsor of a community school and the officers, directors, or
employees of such a sponsor are immune from civil liability for any
action authorized under this chapter or the contract entered into
with the school under section 3314.03 of the Revised Code that is
taken to fulfill the sponsor's responsibility to oversee and monitor
the school. The sponsor and its officers, directors, or employees are
not liable in damages in a tort or other civil action for harm
allegedly arising from any of the following:

(1)
A failure of the community school or any of its officers, directors,
or employees to perform any statutory or common law duty or
responsibility or any other legal obligation;

(2)
An action or omission of the community school or any of its officers,
directors, or employees that results in harm.

(3)
A failure of the community school or any of its officers, directors,
or employees to meet the obligations of any contract or other
obligation entered into on behalf of the community school and another
party.

(F)
As used in this section:

(1)
"Harm" means injury, death, or loss to person or property.

(2)
"Tort action" means a civil action for damages for injury,
death, or loss to person or property other than a civil action for
damages for a breach of contract or another agreement between
persons.

Sec.
3314.08.
(A)
As used in this section:

(1)
"IEP" has the same meaning as in section 3323.01 of the
Revised Code.

(2)
"Resident district" means the school district in which a
student is entitled to attend school under section 3313.64 or 3313.65
of the Revised Code.

(B)
The department of education and workforce shall adopt rules requiring
the governing authority of each community school established under
this chapter to annually report all of the following:

(1)
The number of students enrolled in grades one through twelve and the
full-time equivalent number of students enrolled in kindergarten in
the school who are not receiving special education and related
services pursuant to an IEP;

(2)
The number of enrolled students in grades one through twelve and the
full-time equivalent number of enrolled students in kindergarten, who
are receiving special education and related services pursuant to an
IEP;

(3)
The number of students reported under division (B)(2) of this section
receiving special education and related services pursuant to an IEP
for a disability described in each of divisions (A) to (F) of section
3317.013 of the Revised Code;

(4)
The full-time equivalent number of students reported under divisions
(B)(1) and (2) of this section who are enrolled in career-technical
education programs or classes described in each of divisions (A)(1)
to (5) of section 3317.014 of the Revised Code that are provided by
the community school;

(5)
The number of students reported under divisions (B)(1) and (2) of
this section who are not reported under division (B)(4) of this
section but who are enrolled in career-technical education programs
or classes described in each of divisions (A)(1) to (5) of section
3317.014 of the Revised Code at a joint vocational school district or
another district in the career-technical planning district to which
the school is assigned;

(6)
The number of students reported under divisions (B)(1) and (2) of
this section who are category one to three English learners described
in each of divisions (A) to (C) of section 3317.016 of the Revised
Code;

(7)
The number of students reported under divisions (B)(1) and (2) of
this section who are economically disadvantaged, as defined by the
department. A student shall not be categorically excluded from the
number reported under division (B)(7) of this section based on
anything other than family income.

(8)
For each student, the city, exempted village, or local school
district in which the student is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code.

(9)
The number of students enrolled in a preschool program operated by
the school that is licensed under sections 3301.52 to 3301.59 of the
Revised Code who are not receiving special education and related
services pursuant to an IEP.

A
school district board and a community school governing authority
shall include in their respective reports under division (B) of this
section any child admitted in accordance with division (A)(2) of
section 3321.01 of the Revised Code.

A
governing authority of a community school shall not include in its
report under divisions (B)(1) to (9) of this section any student for
whom tuition is charged under division (F) of this section.

(C)(1)(a)
If a community school's costs for a fiscal year for a student
receiving special education and related services pursuant to an IEP
for a disability described in divisions (B) to (F) of section
3317.013 of the Revised Code exceed the threshold cost for serving
the student as specified in division (B) of section 3317.0214 of the
Revised Code, the school may submit to the director of education and
workforce documentation, as prescribed by the director, of all its
costs for that student. Upon submission of documentation for a
student of the type and in the manner prescribed, the department
shall pay to the community school an amount equal to the school's
costs for the student in excess of the threshold costs.

(b)
The community school shall report under division (C)(1)(a) of this
section, and the department shall pay for, only the costs of
educational expenses and the related services provided to the student
in accordance with the student's individualized education program.
Any legal fees, court costs, or other costs associated with any cause
of action relating to the student may not be included in the amount.

(2)
In any fiscal year, a community school receiving funds under division
(A)(7) of section 3317.022 of the Revised Code shall spend those
funds only for the purposes that the department designates as
approved for career-technical education expenses. Career-technical
education expenses approved by the department shall include only
expenses connected to the delivery of career-technical programming to
career-technical students. The department shall require the school to
report data annually so that the department may monitor the school's
compliance with the requirements regarding the manner in which
funding received under division (A)(7) of section 3317.022 of the
Revised Code may be spent.

(3)
Notwithstanding anything to the contrary in section 3313.90 of the
Revised Code, except as provided in division (C)(5) of this section,
all funds received under division (A)(7) of section 3317.022 of the
Revised Code shall be spent in the following manner:

(a)
At least seventy-five per cent of the funds shall be spent on
curriculum development, purchase, and implementation; instructional
resources and supplies; industry-based program certification; student
assessment, credentialing, and placement; curriculum specific
equipment purchases and leases; career-technical student organization
fees and expenses; home and agency linkages; work-based learning
experiences; professional development; and other costs directly
associated with career-technical education programs including
development of new programs.

(b)
Not more than twenty-five per cent of the funds shall be used for
personnel expenditures.

(4)
A community school shall spend the funds it receives under division
(A)(4) of section 3317.022 of the Revised Code in accordance with
section 3317.25 of the Revised Code.

(5)
The department may waive the requirement in division (C)(3) of this
section for any community school that exclusively provides one or
more career-technical workforce development programs in arts and
communications that are not equipment-intensive, as determined by the
department.

(6)
For fiscal years
2024

2026

and

2025
2027
,
a community school shall spend the funds it receives under division
(A)(5) of section 3317.022 of the Revised Code only for services for
English learners.

(D)
A board of education sponsoring a community school may utilize local
funds to make enhancement grants to the school or may agree, either
as part of the contract or separately, to provide any specific
services to the community school at no cost to the school.

(E)
A community school may not levy taxes or issue bonds secured by tax
revenues.

(F)
No community school shall charge tuition for the enrollment of any
student who is a resident of this state. A community school may
charge tuition for the enrollment of any student who is not a
resident of this state.

(G)(1)(a)
A community school may borrow money to pay any necessary and actual
expenses of the school in anticipation of the receipt of any portion
of the payments to be received by the school pursuant to section
3317.022 of the Revised Code. The school may issue notes to evidence
such borrowing. The proceeds of the notes shall be used only for the
purposes for which the anticipated receipts may be lawfully expended
by the school.

(b)
A school may also borrow money for a term not to exceed fifteen years
for the purpose of acquiring facilities.

(2)
The state is not liable for debt incurred by the governing authority
of a community school.

(H)
The department shall adjust the amounts paid under section 3317.022
of the Revised Code to reflect any enrollment of students in
community schools for less than the equivalent of a full school year.
The department shall adopt in accordance with Chapter 119. of the
Revised Code rules governing the payments to community schools under
section 3317.022 of the Revised Code including initial payments in a
school year and adjustments and reductions made in subsequent
periodic payments to community schools as provided under section
3317.022 of the Revised Code. For purposes of this division:

(1)
A student shall be considered enrolled in the community school for
any portion of the school year the student is participating at a
college under Chapter 3365. of the Revised Code.

(2)
A student shall be considered to be enrolled in a community school
for the period of time beginning on the later of the date on which
the school both has received documentation of the student's
enrollment from a parent and the student has commenced participation
in learning opportunities as defined in the contract with the
sponsor, or thirty days prior to the date on which the student is
entered into the education management information system established
under section 3301.0714 of the Revised Code. For purposes of applying
this division and divisions (H)(3) and (4) of this section to a
community school student, "learning opportunities" shall be
defined in the contract, which shall describe both classroom-based
and non-classroom-based learning opportunities and shall be in
compliance with criteria and documentation requirements for student
participation which shall be established by the department. Any
student's instruction time in non-classroom-based learning
opportunities shall be certified by an employee of the community
school. A student's enrollment shall be considered to cease on the
date on which any of the following occur:

(a)
The community school receives documentation from a parent terminating
enrollment of the student.

(b)
The community school is provided documentation of a student's
enrollment in another public or private school.

(c)
The community school ceases to offer learning opportunities to the
student pursuant to the terms of the contract with the sponsor or the
operation of any provision of this chapter.

Except
as otherwise specified in this paragraph, beginning in the 2011-2012
school year, any student who completed the prior school year in an
internet- or computer-based community school shall be considered to
be enrolled in the same school in the subsequent school year until
the student's enrollment has ceased as specified in division (H)(2)
of this section. The department shall continue paying amounts for the
student under section 3317.022 of the Revised Code without
interruption at the start of the subsequent school year. However, if
the student without a legitimate excuse fails to participate in the
first seventy-two consecutive hours of learning opportunities offered
to the student in that subsequent school year, the student shall be
considered not to have re-enrolled in the school for that school year
and the department shall recalculate the payments to the school for
that school year to account for the fact that the student is not
enrolled.

(3)
The department shall determine each community school student's
percentage of full-time equivalency based on the percentage of
learning opportunities offered by the community school to that
student, reported either as number of hours or number of days, is of
the total learning opportunities offered by the community school to a
student who attends for the school's entire school year. However, no
internet- or computer-based community school shall be credited for
any time a student spends participating in learning opportunities
beyond ten hours within any period of twenty-four consecutive hours.
Whether it reports hours or days of learning opportunities, each
community school shall offer not less than nine hundred twenty hours
of learning opportunities during the school year.

(4)
With respect to the calculation of full-time equivalency under
division (H)(3) of this section, the department shall waive the
number of hours or days of learning opportunities not offered to a
student because the community school was closed during the school
year due to disease epidemic, hazardous weather conditions, law
enforcement emergencies, inoperability of school buses or other
equipment necessary to the school's operation, damage to a school
building, or other temporary circumstances due to utility failure
rendering the school building unfit for school use, so long as the
school was actually open for instruction with students in attendance
during that school year for not less than the minimum number of hours
required by this chapter. The department shall treat the school as if
it were open for instruction with students in attendance during the
hours or days waived under this division.

(I)
The department of education and workforce shall reduce the amounts
paid under section 3317.022 of the Revised Code to reflect payments
made to colleges under section 3365.07 of the Revised Code.

(J)(1)
No student shall be considered enrolled in any internet- or
computer-based community school or, if applicable to the student, in
any community school that is required to provide the student with a
computer pursuant to division (C) of section 3314.22 of the Revised
Code, unless both of the following conditions are satisfied:

(a)
The student possesses or has been provided with all required hardware
and software materials and all such materials are operational so that
the student is capable of fully participating in the learning
opportunities specified in the contract between the school and the
school's sponsor as required by division (A)(23) of section 3314.03
of the Revised Code;

(b)
The school is in compliance with division (A) of section 3314.22 of
the Revised Code, relative to such student.

(2)
In accordance with policies adopted by the department of education
and workforce
,
in consultation with the auditor of state
,
the department shall reduce the amounts otherwise payable under
section 3317.022 of the Revised Code to any community school that
includes in its program the provision of computer hardware and
software materials to any student, if such hardware and software
materials have not been delivered, installed, and activated for each
such student in a timely manner or other educational materials or
services have not been provided according to the contract between the
individual community school and its sponsor.

The
director and the auditor of state shall jointly establish a method
for auditing any community school to which this division pertains to
ensure compliance with this section.

The
director, auditor of state, and the governor shall jointly make
recommendations to the general assembly for legislative changes that
may be required to assure fiscal and academic accountability for such
schools.

(K)(1)
If the department determines that a review of a community school's
enrollment is necessary, such review shall be completed and written
notice of the findings shall be provided to the governing authority
of the community school and its sponsor within ninety days of the end
of the community school's fiscal year, unless extended for a period
not to exceed thirty additional days for one of the following
reasons:

(a)
The department and the community school mutually agree to the
extension.

(b)
Delays in data submission caused by either a community school or its
sponsor.

(2)
If the review results in a finding that additional funding is owed to
the school, such payment shall be made within thirty days of the
written notice. If the review results in a finding that the community
school owes moneys to the state, the following procedure shall apply:

(a)
Within ten business days of the receipt of the notice of findings,
the community school may appeal the department's determination to the
director.

(b)
The director shall conduct an informal hearing on the matter within
thirty days of receipt of such an appeal and shall issue a decision
within fifteen days of the conclusion of the hearing.

(c)
Any decision made by the director under this division is final.

(3)
If it is decided that the community school owes moneys to the state,
the department shall deduct such amount from the school's future
payments in accordance with guidelines issued by the director.

(L)
The department shall not pay to a community school under section
3317.022 of the Revised Code any amount for any of the following:

(1)
Any student who has graduated from the twelfth grade of a public or
nonpublic high school;

(2)
Any student who is not a resident of the state;

(3)
Any student who was enrolled in the community school during the
previous school year when assessments were administered under section
3301.0711 of the Revised Code but did not take one or more of the
assessments required by that section and was not excused pursuant to
division (C)(1) or (3) of that section, unless the director grants
the student a waiver from the requirement to take the assessment and
a parent is not paying tuition for the student pursuant to section
3314.26 of the Revised Code. The director may grant a waiver only for
good cause in accordance with rules adopted by the department.

(4)
Any student who has attained the age of twenty-two years, except for
veterans of the armed services whose attendance was interrupted
before completing the recognized twelve-year course of the public
schools by reason of induction or enlistment in the armed forces and
who apply for enrollment in a community school not later than four
years after termination of war or their honorable discharge. If,
however, any such veteran elects to enroll in special courses
organized for veterans for whom tuition is paid under federal law, or
otherwise, the department shall not pay to a community school under
section 3317.022 of the Revised Code any amount for that veteran.

Sec.
3314.093.
(A)
The governing authorities of two or more community schools may enter
into an agreement to establish a consortium to provide or arrange
transportation to and from school for students enrolled in
participating schools. A consortium shall act on behalf of each
participating school with regard to student transportation and shall
comply with any law regarding student transportation in the same
manner as a community school, including sections 3314.091 and 3327.02
of the Revised Code. Each consortium shall designate one of its
participating schools as its fiscal agent.

(B)
A consortium may do both of the following as if it were a community
school:

(1)
Enter into an agreement under division (A) of section 3314.091 of the
Revised Code with a school district that has native students, as
defined in section 3314.09 of the Revised Code, enrolled in a
community school participating in the consortium;

(2)
Unilaterally accept responsibility for the transportation of students
enrolled in participating schools under division (B) of section
3314.091 of the Revised Code.

(C)
The department of education and workforce shall calculate and make
payments to a consortium under division (I) of section 3317.0212 of
the Revised Code as if it were a community school.

(D)
The consortium's fiscal agent shall report to the department, on
behalf of all of the consortium's participating schools, the combined
data necessary for the department to calculate payments under section
3317.0212 of the Revised Code. The fiscal agent shall report that
data using the department's data collection system.

Sec.
3314.19.
The
sponsor of each community school shall provide the
following

assurances

required
under this section
in
writing to the department of education and workforce not later than

ten

five

business
days prior to the opening of the school's first year of operation or,
if the school is not an internet- or computer-based community school
and it
changes
the
relocates
to a different
building

from
which it operates
or
opens a satellite location
,

not
later than five business days prior to
the
opening of the first year it operates from the new
building:

facility.
In cases where a school adds a facility to the existing school
location or the school is an internet or computer-based community
school and changes its location or adds a satellite location, the
sponsor shall provide the assurances not later than one day prior to
the operation in the new facility. The assurances shall include the
following statements:

(A)
That a current copy of the contract between the sponsor and the
governing authority of the school entered into under section 3314.03
of the Revised Code has been filed with the department and that any
subsequent modifications to that contract will be filed with the
department;

(B)
That the school has submitted to the sponsor a plan for providing
special education and related services to students with disabilities
and has demonstrated the capacity to provide those services in
accordance with Chapter 3323. of the Revised Code and federal law;

(C)
That the school has a plan and procedures for administering the
achievement and diagnostic assessments prescribed by sections
3301.0710, 3301.0712, and 3301.0715 of the Revised Code;

(D)
That school personnel have the necessary training, knowledge, and
resources to properly use and submit information to all databases
maintained by the department for the collection of education data,
including the education management information system established
under section 3301.0714 of the Revised Code in accordance with
methods and timelines established under section 3314.17 of the
Revised Code;

(E)
That all required information about the school has been submitted to
the Ohio education directory system or any successor system;

(F)
That the school will enroll at least the minimum number of students
required by division (A)(11)(a) of section 3314.03 of the Revised
Code in the school year for which the assurances are provided;

(G)
That all classroom teachers are licensed in accordance with sections
3319.22 to 3319.31 of the Revised Code, except for noncertificated
persons engaged to teach up to twelve hours or forty hours per week
pursuant to section 3319.301 of the Revised Code;

(H)
That the school's fiscal officer is in compliance with section
3314.011 of the Revised Code;

(I)
That the school has complied with sections 3319.39 and 3319.391 of
the Revised Code with respect to all employees and that the school
has conducted a criminal records check of each of its governing
authority members;

(J)
That the school holds all of the following:

(1)
Proof of property ownership or a lease for the facilities used by the
school;

(2)
A certificate of occupancy;

(3)
Liability insurance for the school, as required by division
(A)(11)(b) of section 3314.03 of the Revised Code, that the sponsor
considers sufficient to indemnify the school's facilities, staff, and
governing authority against risk;

(4)
A satisfactory health and safety inspection;

(5)
A satisfactory fire inspection;

(6)
A valid food permit, if applicable.

(K)
That the sponsor has conducted a pre-opening site visit to the school
for the school year for which the assurances are provided;

(L)
That the school has designated a date it will open for the school
year for which the assurances are provided that is in compliance with
division (A)(25) of section 3314.03 of the Revised Code;

(M)
That the school has met all of the sponsor's requirements for opening
and any other requirements of the sponsor.

(N)
That, for any school that operates using the blended learning model,
as defined in section 3301.079 of the Revised Code, the sponsor has
reviewed the following information, submitted by the school:

(1)
An indication of what blended learning model or models will be used;

(2)
A description of how student instructional needs will be determined
and documented;

(3)
The method to be used for determining competency, granting credit,
and promoting students to a higher grade level;

(4)
The school's attendance requirements, including how the school will
document participation in learning opportunities;

(5)
A statement describing how student progress will be monitored;

(6)
A statement describing how private student data will be protected;

(7)
A description of the professional development activities that will be
offered to teachers.

Sec.
3314.191.
Notwithstanding
any provision to the contrary in the Revised Code, the department of
education and workforce shall make no payment under section 3317.022
of the Revised Code to a community school opening for its first year
of operation until the sponsor of that school confirms all of the
following:

(A)
The school is in compliance with the provisions described in
divisions (A), (H), (I), and (J)(3) of section 3314.19 of the Revised
Code.

(B)
The sponsor has approved the financial controls required by the

comprehensive
plan for the school
contract
the sponsor enters into with the governing authority of the community
school
under

division
(B)(5) of
section
3314.03 of the Revised Code.

(C)
The school facilities will be ready and open for use by the date
prescribed in the contract entered into under section 3314.03 of the
Revised Code, and the sponsor has reviewed any lease, purchase
agreement, permits required by statute or contract, and construction
plans.

(D)
The chief administrator of the community school actively is managing
daily operations at the school.

(E)
The projected enrollment reported to the department is accurate.

Sec.
3314.261.
This
section shall not apply to an internet- or computer-based community
school

in
which a majority of the students are enrolled in a dropout prevention
and recovery program

that
is a dropout prevention and recovery community school
.

(A)
For purposes of this section, "instructional activities"
means the following classroom-based or nonclassroom-based activities
that a student is expected to complete, participate in, or attend
during any given school day:

(1)
Online logins to curriculum or programs;

(2)
Offline activities;

(3)
Completed assignments within a particular program, curriculum, or
class;

(4)
Testing;

(5)
Face-to-face communications or meetings with school staff or service
providers;

(6)
Telephone or video conferences with school staff or service
providers;

(7)
Other documented communication with school staff or service providers
related to school curriculum or programs.

(B)(1)
Each internet- or computer-based community school's attendance policy
adopted in accordance with division (A)(6)(b) of section 3314.03 of
the Revised Code shall specify that a student is considered in
attendance at the school when the student satisfies either of the
following conditions:

(a)
The student participates in at least ninety per cent of the hours of
instructional activities offered by the school in that school year;

(b)
The student is on pace for on-time completion of any course in which
the student is enrolled. The school's attendance policy shall define
"on pace for on-time completion" for purposes of division
(B)(1)(b) of this section.

(2)
If a student is not considered in attendance under division (B)(1) of
this section, the student shall be considered absent for those hours
of instructional activities offered by the school in that school year
in which the student does not participate.

(3)
In the event that a student has thirty or more hours of unexcused
absences in any semester, the internet- or computer-based community
school in which the student is enrolled shall submit a written report
to the student's parent, guardian, or custodian.

(C)
Notwithstanding section 3321.191 of the Revised Code, each internet-
or computer-based community school shall develop and adopt a policy
regarding failure to participate in instructional activities. The
policy shall state that a student shall become subject to certain
consequences, including disenrollment from the school, if both of the
following conditions are satisfied:

(1)
After the student's parent, guardian, or custodian receives a written
report under division (B)(2) of this section, the student fails to
comply with the policy adopted under division (C) of this section
within a reasonable period of time specified by the school;

(2)
Other intervention strategies contained in the policy adopted under
division (C) of this section fail to cause a student's attendance to
comply with the policy.

(D)
If an internet- or computer-based community school disenrolled a
student pursuant to a policy adopted under division (C) of this
section, the student shall not be eligible to re-enroll in that
school for the remainder of the school year in which the student is
disenrolled. This division does not prohibit a disenrolled student
from enrolling in another internet- or computer-based community
school.

(E)
If an internet- or computer-based community school disenrolls a
student pursuant to a policy adopted under division (C) of this
section, the school shall do both of the following:

(1)
Provide the student's parent, guardian, or custodian with a list of
alternative educational options available to the student;

(2)
Within forty-eight hours of the student's disenrollment, notify the
student's resident school district in writing.

(F)
Nothing in this section shall be construed to affect the procedure
for automatically withdrawing a student from school that must be
adopted as part of a school's attendance policy in accordance with
division (A)(6)(b) of section 3314.03 of the Revised Code.

Sec.
3314.29.
(A)
This section applies to any internet- or computer-based community
school that meets all of the following conditions:

(1)
Serves all of grades kindergarten through twelve;

(2)
Has an enrollment of at least two thousand students;

(3)
Has a sponsor that was not rated ineffective or poor on its most
recent evaluation under section 3314.016 of the Revised Code.

(B)
Beginning with the 2018-2019 school year, the governing authority of
a community school to which this section applies may adopt a
resolution to divide the school into two or three separate schools as
follows:

(1)
If the school is divided into two schools, one school shall serve
grades kindergarten through eight and one school shall serve grades
nine through twelve.

(2)
If the school is divided into three schools, one school shall serve
grades kindergarten through five, one school shall serve grades six
through eight, and one school shall serve grades nine through twelve.

(C)
The resolution adopted by the governing authority shall not be
effective unless approved by the school's sponsor. Following approval
of the resolution by the sponsor, and by the fifteenth day of March
prior to the school year in which it will take effect, the governing
authority shall file the resolution with the department of education
and workforce. The division of the schools shall be effective on the
first day of July succeeding the date the resolution is filed with
the department.

(D)
All of the following shall apply to each new school created as a
result of the resolution authorized by this section and to the school
that is divided as a result of the resolution:

(1)
Each school shall have the same governing authority.

(2)
The sponsor and governing authority shall enter into a separate
contract under section 3314.03 of the Revised Code for each school.

(3)
No school shall
primarily
serve students enrolled in
be

a
dropout prevention and recovery

program
operated by the school

community
school
.

(4)
No school shall be permitted to divide again under this section.

(5)
Notwithstanding anything to the contrary in division (B)(2) of
section 3314.016 of the Revised Code, each school shall be included
in the calculation of the academic performance component for purposes
of rating the schools' sponsor under the evaluation system prescribed
by that section.

(6)
Each school shall be subject to the laws contained in Chapter 3314.
of the Revised Code, except as otherwise specified in this section.

(E)
The department shall issue a report card under section 3314.012 of
the Revised Code for each new school created as a result of the
resolution authorized by this section and for the school that is
divided as a result of the resolution. For purposes of the report
cards and other reporting requirements under this chapter, the
department shall assign the school that serves the highest grades the
same internal retrieval number previously used by the school that is
divided under this section. The department shall assign a new
internal retrieval number to each other school resulting from the
division.

Notwithstanding
division (A) of section 3314.012 of the Revised Code, the ratings a
school receives on its report card for the first two full school
years after the division under this section shall count toward
closure of the school under section 3314.35 of the Revised Code and
any other matter that is based on report card ratings or measures.

Sec.
3314.35.
(A)
Except as provided in division (B) of this section and section
3314.355 of the Revised Code, this section applies to any community
school that meets one of the following criteria:

(1)
The school does not offer a grade level higher than three and, for
the three most recent school years, satisfies either of the following
criteria:

(a)
The school has received a performance rating of one star for early
literacy under division (D)(3)(e) of section 3302.03 of the Revised
Code;

(b)
The school has received an overall performance rating of less than
two stars under division (D)(3) of section 3302.03 of the Revised
Code.

(2)
The school offers any of grade levels four to eight but does not
offer a grade level higher than nine and, for the three most recent
school years, satisfies either of the following criteria:

(a)
The school has received a performance rating of one star for both
achievement under division (D)(3)(b) of section 3302.03 of the
Revised Code and progress under division (D)(3)(c) of that section;

(b)
The school has received an overall performance rating of less than
two stars under division (D) of section 3302.03 of the Revised Code
and a performance rating of one star for progress under division
(D)(3)(c) of that section.

(3)
The school offers any of grade levels ten to twelve and, for the
three most recent school years, satisfies either of the following
criteria:

(a)
The school has received a performance rating of "one star"
for achievement under division (D)(3)(b) of section 3302.03 of the
Revised Code and has not met annual measurable objectives for gap
closing under division (D)(3)(a) of that section, as determined by
the department

of
education and workforce
;

(b)
The school has received an overall performance rating of less than
two stars under division (D) of section 3302.03 of the Revised Code
and a performance rating of one star for progress under division
(D)(1)(b) of that section.

For
purposes of division (A) of this section only, the department shall
calculate the value-added progress dimension for a community school
using assessment scores for only those students to whom the school
has administered the achievement assessments prescribed by section
3301.0710 of the Revised Code for at least the two most recent school
years but using value-added data from only the most recent school
year.

(B)
This section does not apply to either of the following:

(1)
Any
dropout
prevention and recovery
community
school
in
which a majority of the students are enrolled in a dropout prevention
and recovery program that is operated by the school
.
Rather, such schools shall be subject to closure only as provided in
section 3314.351 of the Revised Code. However, prior to July 1, 2014,
a community school in which a majority of the students are enrolled
in a dropout prevention and recovery program shall be exempt from
this section only if it has been granted a waiver under section
3314.36 of the Revised Code.

(2)
Any community school in which a majority of the enrolled students are
children with disabilities receiving special education and related
services in accordance with Chapter 3323. of the Revised Code.

(C)
Any community school to which this section applies shall permanently
close at the conclusion of the school year in which the school first
becomes subject to this section. The sponsor and governing authority
of the school shall comply with all procedures for closing a
community school adopted by the department under division (E) of
section 3314.015 of the Revised Code. The governing authority of the
school shall not enter into a contract with any other sponsor under
section 3314.03 of the Revised Code after the school closes.

(D)
Nothing in this section or in any other provision of the Revised Code
prohibits the sponsor of a community school from exercising its
option not to renew a contract for any reason or from terminating a
contract prior to its expiration for any of the reasons set forth in
section 3314.07 of the Revised Code.

Sec.
3314.351.
(A)
This section applies to any
dropout
prevention and recovery
community
school
in
which a majority of the students are enrolled in a dropout prevention
and recovery program
.
Except as provided in division (F) of this section, any such
community school that has received a designation of "does not
meet standards," as described in division (D)(1) of section
3314.017 of the Revised Code on the report card issued under that
section, for the three most recent school years shall be subject to
closure in accordance with this section.

(B)
Not later than the first day of September in each school year, the
department of education and workforce shall notify each school
subject to closure under this section that the school must close not
later than the thirtieth day of the following June.

A
school so notified shall close as required.

(C)
A school that opens on or after July 1, 2014, shall not be subject to
closure under this section for its first two years of operation. A
school that is in operation prior to July 1, 2014, shall not be
subject to closure under this section until after August 31, 2016.

(D)
The sponsor and governing authority of the school shall comply with
all procedures for closing a community school adopted by the
department under division (E) of section 3314.015 of the Revised
Code. The governing authority of the school shall not enter into a
contract with any other sponsor under section 3314.03 of the Revised
Code after the school closes.

(E)
Nothing in this section or in any other provision of the Revised Code
prohibits the sponsor of a community school from exercising its
option not to renew a contract for any reason or from terminating a
contract prior to its expiration for any of the reasons set forth in
section 3314.07 of the Revised Code.

(F)
Beginning in the 2019-2020 school year, no school shall be subject to
closure under this section based on the report card issued for that
school for the 2017-2018 or 2018-2019 school year if the school
received an overall rating of "meets standards" or "exceeds
standards" for the 2017-2018 or 2018-2019 school year pursuant
to division (I) of section 3314.017 of the Revised Code. However, no
school permanently closed under this section prior to the 2019-2020
school year shall be eligible to reopen based on the calculated or
recalculated ratings under division (I) of section 3314.017 of the
Revised Code.

Sec.
3314.36.
(A)
Section 3314.35 of the Revised Code does not apply to any
dropout
prevention and recovery
community
school
in
which a majority of the students are enrolled in a dropout prevention
and recovery program that is operated by the school and
that
has been granted a waiver by the former department of education prior
to July 1, 2014.

(B)
All
dropout
prevention and recovery
community
schools
in
which a majority of the students are enrolled in a dropout prevention
and recovery program
are
subject to the provisions of section 3314.351 of the Revised Code,
regardless of whether a waiver has been granted under this section
prior to July 1, 2014. Thereafter, no waivers shall be granted under
this section.

Sec.
3314.361.
Notwithstanding
anything to the contrary in this chapter, a
A

community
school that operates a drug recovery program in cooperation with a
court shall be considered a dropout prevention and recovery
program

community
school
for
purposes of this chapter
,
regardless of the ages of students or grade levels served by the
school

and
shall comply with all enrollment restrictions applicable to such a
school
.

Sec.
3314.362.
Notwithstanding
division (A)(10) of section 3314.02 of the Revised Code, a community
school that primarily serves students enrolled in a dropout
prevention and recovery program may continue to operate in the
2025-2026 and 2026-2027 school years without complying with that
division and shall be considered a dropout prevention and recovery
community school for the purposes of Title XXXIII of the Revised Code
for those school years.

Notwithstanding
anything in the Revised Code to the contrary, beginning July 1, 2027,
any community school that primarily serves students enrolled in a
dropout prevention and recovery program is a dropout prevention and
recovery community school, as defined in division (A)(10) of section
3314.02 of the Revised Code. Prior to that date, the school, upon
approval of the school's sponsor, shall do one or both of the
following with any grades that do not comply with division (A)(10) of
section 3314.02 of the Revised Code:

(A)
Transfer those grades to a separate community school. The department
of education and workforce shall assign the separate community school
its own internal retrieval number.

(B)
Cease offering those grades.

The
school shall assist students who are not eligible to enroll in the
dropout prevention and recovery community school to transfer to a
separate community school or enroll in a different school, as
applicable.

Sec.
3314.38.
(A)
As used in this section:

(1)
"Competency-based educational program" and "eligible
individual" have the same meanings as in section 3313.902 of the
Revised Code.

(2)
"Eligible provider" means a community school that operates
a dropout prevention and recovery program.

(B)
An eligible provider may establish a competency-based educational
program that complies with standards adopted by the department of
education and workforce and may enroll eligible individuals in the
program for up to three consecutive school years for the purpose of
earning a high school diploma. The provider shall establish a career
plan for each individual enrolled in the program that specifies the
individual's career goals and describes how the individual will
demonstrate competency or earn course credits under division (C) of
section 3313.902 of the Revised Code to earn a diploma and attain the
individual's career goals. Notwithstanding sections 3313.61,
3313.611, 3313.613, 3313.614, 3313.618, and 3313.619 of the Revised
Code, the department shall award a high school diploma to an
individual enrolled in a program who satisfies one of the conditions
specified in division (C) of section 3313.902 of the Revised Code.

(C)
An eligible provider shall report each individual enrolled in a
program under division (B) of this section to the department. This
report shall be in addition to the report required under division (B)
of section 3314.08 of the Revised Code. The department annually shall
certify the enrollment and attendance of each individual reported
under this division and shall pay the provider up to $7,500 per
school year, as determined by the department based on the extent of
the individual's successful completion of the diploma requirements
prescribed in division (C) of section 3313.902 of the Revised Code.

(D)
An eligible provider that enrolls individuals under division (B) of
this section is subject to the requirements of section 3313.902 of
the Revised Code, as applicable.

Sec.
3314.381.
(A)

As
used in this section, "dropout recovery community school"
has the same meaning as in section 3319.301 of the Revised Code.

(B)

The department of education and workforce shall establish the dropout
prevention and recovery advisory council. The council shall provide a
forum for communication and collaboration between the department and
parties involved in the establishment and operation of dropout

prevention
and
recovery
community schools, including sponsors and operators.

(C)
(B)

The advisory council shall consist of the following members appointed
by the director of education and workforce:

(1)
Two members of the state board of education;

(2)
One employee of the department who works directly with dropout

prevention
and
recovery
community schools, including any employee who works as a liaison with
such schools;

(3)
Seven individuals with experience in dropout
prevention
and
recovery
community schools, their operators, and their sponsors. In appointing
these individuals, the director shall ensure they represent a diverse
array of schools in terms of enrollment, programs, learning models,
and methods of instruction.

(D)
(C)

The advisory council shall, in collaboration with the director,
review all existing rules and guidance previously developed or
adopted by the department pursuant to division
(D)
(C)

of section 3314.382 of the Revised Code.

Sec.
3314.382.
(A)

As
used in this section, "dropout recovery community school"
has the same meaning as in section 3319.301 of the Revised Code.

(B)

Notwithstanding anything to the contrary in the Revised Code, the
department of education and workforce shall only adopt rules in
accordance with Chapter 119. of the Revised Code for any requirement
to be imposed on a dropout
prevention
and
recovery
community school. The department shall not develop guidelines that
impose requirements on the general and uniform operation of a dropout

prevention
and
recovery
community school.

(C)
(B)

Pursuant to section 119.035 of the Revised Code, prior to adoption,
the dropout prevention and recovery advisory council established
under section 3314.381 of the Revised Code shall review any proposed
rule described in division
(B)
(A)

of this section.

(D)
(C)

Any guidance document previously developed by the department that
establishes general and uniform operations regarding a dropout
recovery community school in effect on

the
effective date of this section

October
3, 2023,
is
void after that date.

Sec.
3315.063.
No
board of education of any school district shall expend more than
fifteen per cent of the board's annual operating budget on
administrative salaries and benefits and other costs associated with
the district's administrative offices.

Sec.
3315.18.
(A)
The board of education of each city, exempted village, local, and
joint vocational school district shall establish a capital and
maintenance fund. Each board annually shall deposit into that fund an
amount derived from revenues received by the district that would
otherwise have been deposited in the general fund that is equal to
three per cent of the statewide average base cost per pupil for the
preceding fiscal year, as defined in section 3317.02 of the Revised
Code,
or
another percentage if established by the auditor of state under
division (B) of this section,
multiplied
by the district's student population for the preceding fiscal year,
except that money received from a permanent improvement levy
authorized by section 5705.21 of the Revised Code may replace general
revenue moneys in meeting the requirements of this section. Money in
the fund shall be used solely for acquisition, replacement,
enhancement, maintenance, or repair of permanent improvements, as
that term is defined in section 5705.01 of the Revised Code. Any
money in the fund that is not used in any fiscal year shall carry
forward to the next fiscal year.

(B)
The director of education and workforce and the auditor of state
jointly shall adopt rules in accordance with Chapter 119. of the
Revised Code defining what constitutes expenditures permitted by
division (A) of this section.

The
auditor of state may designate a percentage, other than three per
cent, of the statewide average base cost per pupil multiplied by the
district's student population that must be deposited into the fund.

(C)
Within its capital and maintenance fund, a school district board of
education may establish a separate account solely for the purpose of
depositing funds transferred from the district's reserve balance
account established under former division (H) of section 5705.29 of
the Revised Code. After April 10, 2001, a board may deposit all or
part of the funds formerly included in such reserve balance account
in the separate account established under this section. Funds
deposited in this separate account and interest on such funds shall
be utilized solely for the purpose of providing the district's
portion of the basic project costs of any project undertaken in
accordance with Chapter 3318. of the Revised Code.

(D)(1)
Notwithstanding division (A) of this section, in any year a district
is in fiscal emergency status as declared pursuant to section 3316.03
of the Revised Code, the district may deposit an amount less than
required by division (A) of this section, or make no deposit, into
the district capital and maintenance fund for that year.

(2)
Notwithstanding division (A) of this section, in any fiscal year that
a school district is either in fiscal watch status, as declared
pursuant to section 3316.03 of the Revised Code, or in fiscal caution
status, as declared pursuant to section 3316.031 of the Revised Code,
the district may apply to the director of education and workforce for
a waiver from the requirements of division (A) of this section, under
which the district may be permitted to deposit an amount less than
required by that division or permitted to make no deposit into the
district capital and maintenance fund for that year. The director may
grant a waiver under division (D)(2) of this section if the district
demonstrates to the satisfaction of the director that compliance with
division (A) of this section that year will create an undue financial
hardship on the district.

(3)
Notwithstanding division (A) of this section, not more often than one
fiscal year in every three consecutive fiscal years, any school
district that does not satisfy the conditions for the exemption
described in division (D)(1) of this section or the conditions to
apply for the waiver described in division (D)(2) of this section may
apply to the director for a waiver from the requirements of division
(A) of this section, under which the district may be permitted to
deposit an amount less than required by that division or permitted to
make no deposit into the district capital and maintenance fund for
that year. The director may grant a waiver under division (D)(3) of
this section if the district demonstrates to the satisfaction of the
director that compliance with division (A) of this section that year
will necessitate the reduction or elimination of a program currently
offered by the district that is critical to the academic success of
students of the district and that no reasonable alternatives exist
for spending reductions in other areas of operation within the
district that negate the necessity of the reduction or elimination of
that program.

(E)
Notwithstanding any provision to the contrary in Chapter 4117. of the
Revised Code, the requirements of this section prevail over any
conflicting provisions of agreements between employee organizations
and public employers entered into after November 21, 1997.

(F)
As used in this section, "student population" means the
average, daily, full-time equivalent number of students in
kindergarten through twelfth grade receiving any educational services
from the school district during the first full school week in
October, excluding students enrolled in adult education classes, but
including all of the following:

(1)
Adjacent or other district students enrolled in the district under an
open enrollment policy pursuant to section 3313.98 of the Revised
Code;

(2)
Students receiving services in the district pursuant to a compact,
cooperative education agreement, or a contract, but who are entitled
to attend school in another district pursuant to section 3313.64 or
3313.65 of the Revised Code;

(3)
Students for whom tuition is payable pursuant to sections 3317.081
and 3323.141 of the Revised Code.

The
department of education and workforce shall determine a district's
student population using data reported to it under section 3317.03 of
the Revised Code for the applicable fiscal year.

Sec.
3315.181.
As
used in this section, "securities" has the same meaning as
in section 133.01 of the Revised Code.

Notwithstanding
division (A) of section 3315.18 of the Revised Code, the board of
education of a city, exempted village, local, or joint vocational
school district, in meeting the amount required by that division to
be deposited in the district's capital and maintenance fund, may
replace general fund revenues with proceeds received from a permanent
improvement levy authorized by section 5705.21 of the Revised Code
only to the extent the proceeds are available to be used for the
acquisition, replacement, enhancement, maintenance, or repair of
permanent improvements as defined in section 5705.01 of the Revised
Code. In addition, the board may replace general fund revenues with
proceeds received from any of the following sources in meeting the
amount required by that division to be deposited in the fund:

(A)
Proceeds received from any securities whose use is limited to the
acquisition, replacement, enhancement, maintenance, or repair of
permanent improvements;

(B)
Insurance proceeds received as a result of the damage to or theft or
destruction of a permanent improvement to the extent a board of
education places the proceeds in a separate fund for the acquisition,
replacement, enhancement, maintenance, or repair of permanent
improvements;

(C)
Proceeds received from the sale of a permanent improvement to the
extent the proceeds are paid into a separate fund for the
construction or acquisition of permanent improvements;

(D)
Proceeds received from a tax levy authorized by section 3318.06 of
the Revised Code to the extent the proceeds are available to be used
for the maintenance of capital facilities;

(E)
Proceeds of certificates of participation issued as part of a
lease-purchase agreement entered into under section 3313.375 of the
Revised Code;

(F)
Proceeds of any school district income tax levied under Chapter 5748.
of the Revised Code for permanent improvements, to the extent the
proceeds are available for the acquisition, replacement, enhancement,
maintenance, or repair of permanent improvements
;

(G)
Any other revenue source identified by the auditor of state, in
consultation with the department of education and workforce, in rules
adopted by the auditor of state
.

Sec.
3316.031.
(A)
The director of education and workforce, in consultation with the
auditor of state, shall develop guidelines for identifying fiscal
practices and budgetary conditions that, if uncorrected, could result
in a future declaration of a fiscal watch or fiscal emergency within
a school district.

The
guidelines shall not include a requirement that a school district
submit financial statements according to generally accepted
accounting principles.

(B)(1)
If the director determines from a school district's
five-year

current
budget information and three-year
forecast
submitted under section 5705.391 of the Revised Code that a district
is engaging in any of those practices or that any of those conditions
exist within the district, after consulting with the district board
of education concerning the practices or conditions, the director may
declare the district to be under a fiscal caution.

(2)
If the auditor of state finds that a district is engaging in any of
those practices or that any of those conditions exist within the
district, the auditor of state shall report that finding to the
director and, after consulting with the district board of education
concerning the practices or conditions, the director may declare the
district to be under a fiscal caution.

(3)
Unless the auditor of state has elected to declare a state of fiscal
watch under division (A)(4) of section 3316.03 of the Revised Code,
the director shall declare a school district to be under a fiscal
caution if the conditions described in divisions (A)(4)(a) and (b) of
that section are both satisfied with respect to the school district.

(C)
When the director declares a district to be under fiscal caution, the
director shall promptly notify the district board of education of
that declaration and shall request the board to provide written
proposals for discontinuing or correcting the fiscal practices or
budgetary conditions that prompted the declaration and for preventing
the district from experiencing further fiscal difficulties that could
result in the district being declared to be in a state of fiscal
watch or fiscal emergency.

(D)
The director, or a designee, may visit and inspect any district that
is declared to be under a fiscal caution. The department of education
and workforce shall provide technical assistance to the district
board in implementing proposals to eliminate the practices or
budgetary conditions that prompted the declaration of fiscal caution
and may make recommendations concerning the board's proposals.

(E)
If the director finds that a school district declared to be under a
fiscal caution has not made reasonable proposals or otherwise taken
action to discontinue or correct the fiscal practices or budgetary
conditions that prompted the declaration of fiscal caution, and if
the director considers it necessary to prevent further fiscal
decline, the director may determine that the district should be in a
state of fiscal watch. As provided in division (A)(3) of section
3316.03 of the Revised Code, the auditor of state shall declare the
district to be in a state of fiscal watch if the auditor of state
finds the director's determination to be reasonable.

Sec.
3316.041.
(A)
Notwithstanding any provision of Chapter 133. or sections 3313.483 to
3313.4810 of the Revised Code, and subject to the approval of the
director of education and workforce, a school district that is in a
state of fiscal watch declared under section 3316.03 of the Revised
Code may restructure or refinance loans obtained or in the process of
being obtained under section 3313.483 of the Revised Code if all of
the following requirements are met:

(1)
The operating deficit certified for the school district for the
current or preceding fiscal year under section 3313.483 of the
Revised Code exceeds fifteen per cent of the district's general
revenue fund for the fiscal year preceding the year for which the
certification of the operating deficit is made.

(2)
The school district voters have, during the period of the fiscal
watch, approved the levy of a tax under section 718.09, 718.10,
5705.194, 5705.21, 5748.02, or 5748.09 of the Revised Code that is
not a renewal
or
replacement
levy,
or a levy under section 5705.199 of the Revised Code, and that will
provide new operating revenue.

(3)
The board of education of the school district has adopted or amended
the financial plan required by section 3316.04 of the Revised Code to
reflect the restructured or refinanced loans, and sets forth the
means by which the district will bring projected operating revenues
and expenditures, and projected debt service obligations, into
balance for the life of any such loan.

(B)
Subject to the approval of the director, the school district may
issue securities to evidence the restructuring or refinancing
authorized by this section. Such securities may extend the original
period for repayment not to exceed ten years, and may alter the
frequency and amount of repayments, interest or other financing
charges, and other terms or agreements under which the loans were
originally contracted, provided the loans received under sections
3313.483 of the Revised Code are repaid from funds the district would
otherwise receive under Chapter 3317. of the Revised Code, as
required under division (E)(3) of section 3313.483 of the Revised
Code. Securities issued for the purpose of restructuring or
refinancing under this section shall be repaid in equal payments and
at equal intervals over the term of the debt and are not eligible to
be included in any subsequent proposal to restructure or refinance.

(C)
Unless the district is declared to be in a state of fiscal emergency
under division (D) of section 3316.04 of the Revised Code, a school
district shall remain in a state of fiscal watch for the duration of
the repayment period of any loan restructured or refinanced under
this section.

Sec.
3316.043.
Upon
the approval by the director of education and workforce of an initial
financial plan under section 3316.04 of the Revised Code or a
financial recovery plan under section 3316.06 of the Revised Code,
the board of education of the school district for which the plan was
approved shall revise the district's
five-year

current
budget information and three-year
projection
of revenues and expenditures in accordance with rules adopted under
section 5705.391 of the Revised Code so that the
five-year
current
budget information and

three-year

projection

is

are

consistent
with the financial plan or financial recovery plan. In the case of a
school district declared to be in a state of fiscal emergency, the

five-year
current
budget information and

three-year

projection
shall be revised by the financial planning and supervision commission
for that district.

Sec.
3316.06.
(A)
Within one hundred twenty days after the first meeting of a school
district financial planning and supervision commission, the
commission shall adopt a financial recovery plan regarding the school
district for which the commission was created. During the formulation
of the plan, the commission shall seek appropriate input from the
school district board and from the community. This plan shall contain
the following:

(1)
Actions to be taken to:

(a)
Eliminate all fiscal emergency conditions declared to exist pursuant
to division (B) of section 3316.03 of the Revised Code;

(b)
Satisfy any judgments, past-due accounts payable, and all past-due
and payable payroll and fringe benefits;

(c)
Eliminate the deficits in all deficit funds, except that any prior
year deficits in the capital and maintenance fund established
pursuant to section 3315.18 of the Revised Code shall be forgiven;

(d)
Restore to special funds any moneys from such funds that were used
for purposes not within the purposes of such funds, or borrowed from
such funds by the purchase of debt obligations of the school district
with the moneys of such funds, or missing from the special funds and
not accounted for, if any;

(e)
Balance the budget, avoid future deficits in any funds, and maintain
on a current basis payments of payroll, fringe benefits, and all
accounts;

(f)
Avoid any fiscal emergency condition in the future;

(g)
Restore the ability of the school district to market long-term
general obligation bonds under provisions of law applicable to school
districts generally.

(2)
The management structure that will enable the school district to take
the actions enumerated in division (A)(1) of this section. The plan
shall specify the level of fiscal and management control that the
commission will exercise within the school district during the period
of fiscal emergency, and shall enumerate respectively, the powers and
duties of the commission and the powers and duties of the school
board during that period. The commission may elect to assume any of
the powers and duties of the school board it considers necessary,
including all powers related to personnel, curriculum, and legal
issues in order to successfully implement the actions described in
division (A)(1) of this section.

(3)
The target dates for the commencement, progress upon, and completion
of the actions enumerated in division (A)(1) of this section and a
reasonable period of time expected to be required to implement the
plan. The commission shall prepare a reasonable time schedule for
progress toward and achievement of the requirements for the plan, and
the plan shall be consistent with that time schedule.

(4)
The amount and purpose of any issue of debt obligations that will be
issued, together with assurances that any such debt obligations that
will be issued will not exceed debt limits supported by appropriate
certifications by the fiscal officer of the school district and the
county auditor. If the commission considers it necessary in order to
maintain or improve educational opportunities of pupils in the school
district, the plan may include a proposal to restructure or refinance
outstanding debt obligations incurred by the board under section
3313.483 of the Revised Code contingent upon the approval, during the
period of the fiscal emergency, by district voters of a tax levied
under section 718.09, 718.10, 5705.194, 5705.21, 5748.02, 5748.08, or
5748.09 of the Revised Code that is not a renewal
or
replacement
levy,
or a levy under section 5705.199 of the Revised Code, and that will
provide new operating revenue. Notwithstanding any provision of
Chapter 133. or sections 3313.483 to 3313.4810 of the Revised Code,
following the required approval of the district voters and with the
approval of the commission, the school district may issue securities
to evidence the restructuring or refinancing. Those securities may
extend the original period for repayment, not to exceed ten years,
and may alter the frequency and amount of repayments, interest or
other financing charges, and other terms of agreements under which
the debt originally was contracted, at the discretion of the
commission, provided that any loans received pursuant to section
3313.483 of the Revised Code shall be paid from funds the district
would otherwise receive under Chapter 3317. of the Revised Code, as
required under division (E)(3) of section 3313.483 of the Revised
Code. The securities issued for the purpose of restructuring or
refinancing the debt shall be repaid in equal payments and at equal
intervals over the term of the debt and are not eligible to be
included in any subsequent proposal for the purpose of restructuring
or refinancing debt under this section.

(5)
An evaluation of the feasibility of entering into shared services
agreements with other political subdivisions for the joint exercise
of any power, performance of any function, or rendering of any
service, if so authorized by statute.

(B)
Any financial recovery plan may be amended subsequent to its
adoption. Each financial recovery plan shall be updated annually.

(C)
Each school district financial planning and supervision commission
shall submit the financial recovery plan it adopts or updates under
this section to the director of education and workforce for approval
immediately following its adoption or updating. The director shall
evaluate the plan and either approve or disapprove it within thirty
calendar days from the date of its submission. If the plan is
disapproved, the director shall recommend modifications that will
render it acceptable. No financial planning and supervision
commission shall implement a financial recovery plan that is adopted
or updated on or after April 10, 2001, unless the director has
approved it.

Sec.
3316.08.
During
a school district's fiscal emergency period, the auditor of state
shall determine annually, or at any other time upon request of the
financial planning and supervision commission, whether the school
district will incur an operating deficit. If the auditor of state
determines that a school district will incur an operating deficit,
the auditor of state shall certify that determination to the director
of education and workforce, the financial planning and supervision
commission, and the board of education of the school district. Upon
receiving the auditor of state's certification, the commission shall
adopt a resolution requesting that the board of education work with
the county auditor or tax commissioner to estimate the amount and
rate of a tax levy that is needed under section 5705.194, 5705.199,
or 5705.21 or Chapter 5748. of the Revised Code to produce a positive
fund balance not later than the
fifth

third

year
of the
five-year

three-year

forecast
submitted under section 5705.391 of the Revised Code.

The
board of education shall recommend to the commission whether the
board supports or opposes a tax levy under section 5705.194,
5705.199, or 5705.21 or Chapter 5748. of the Revised Code and shall
provide supporting documentation to the commission of its
recommendation.

After
considering the board of education's recommendation and supporting
documentation, the commission shall adopt a resolution to either
submit a ballot question proposing a tax levy or not to submit such a
question.

Except
as otherwise provided in this division, the tax shall be levied in
the manner prescribed for a tax levied under section 5705.194,
5705.199, or 5705.21 or under Chapter 5748. of the Revised Code. If
the commission decides that a tax should be levied, the tax shall be
levied for the purpose of paying current operating expenses of the
school district. The rate of a property tax levied under section
5705.194, 5705.199, 5705.21, or 5748.09 of the Revised Code shall be
determined by the county auditor, and the rate of an income tax
levied under section 5748.02, 5748.08, or 5748.09 of the Revised Code
shall be determined by the tax commissioner, upon the request of the
commission. The commission, in consultation with the board of
education, shall determine the election at which the question of the
tax shall appear on the ballot, and the commission shall submit a
copy of its resolution to the board of elections not later than
ninety days prior to the day of that election. The board of elections
conducting the election shall certify the results of the election to
the board of education and to the financial planning and supervision
commission.

Sec.
3316.16.
(A)
A school district financial planning and supervision commission, with
respect to its functions under this chapter, shall continue in
existence until such time as a determination is made under division
(B) of this section that all of the following have occurred:

(1)
An effective financial accounting and reporting system in accordance
with section 3316.10 of the Revised Code is in the process of being
implemented, and it is reasonably expected that this implementation
will be completed within two years.

(2)
All of the fiscal emergency conditions determined pursuant to
division (B) of section 3316.03 of the Revised Code have been
corrected or eliminated, and no new fiscal emergency conditions have
occurred.

(3)
The objectives of the financial recovery plan described in section
3316.06 of the Revised Code are being met.

(4)
The school district board has prepared
current
budget information and
a
financial forecast for a
five-year

three-year

period
in accordance with the standards issued by the auditor of state and
an opinion has been rendered by the auditor of state that the
financial forecast is considered to be nonadverse. The forecast shall
display the district's projected compliance with section 3315.18 of
the Revised Code beginning in the year the commission is proposed for
termination.

(B)
The determination that all conditions listed in division (A) of this
section for the termination of the existence of the commission and
its functions exist may be made either by the auditor of state or by
the commission and shall be certified to the commission, the auditor
of state, the governor, the director of budget and management, and
the budget commission, whereupon such commission and its functions
under this chapter shall terminate. This determination shall be made
by the auditor of state upon the filing with the auditor of state of
a written request for such a determination by the school district
board, the governor, or the commission, or may be made by the auditor
of state upon the auditor of state's own initiative.

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

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

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

Sec.
3317.01.
As
used in this section, "school district," unless otherwise
specified, means any city, local, exempted village, joint vocational,
or cooperative education school district and any educational service
center.

This
chapter shall be administered by the department of education and
workforce. The department of education and workforce shall calculate
the amounts payable to each school district and shall certify the
amounts payable to each eligible district to the treasurer of the
district as provided by this chapter. Certification of moneys
pursuant to this section shall include the amounts payable to each
school building, at a frequency determined by the department, for
each subgroup of students, as defined in section 3317.40 of the
Revised Code, receiving services, provided for by state funding, from
the district or school. No moneys shall be distributed pursuant to
this chapter without the approval of the controlling board.

The
department shall, in accordance with appropriations made by the
general assembly, meet the financial obligations of this chapter.

Moneys
distributed to school districts pursuant to this chapter shall be
calculated based on the annual enrollment calculated from the three
reports required under
sections

section

3317.03

and
3317.036
of
the Revised Code and paid on a fiscal year basis, beginning with the
first day of July and extending through the thirtieth day of June. In
any given fiscal year, prior to school districts submitting the first
report required under section 3317.03 of the Revised Code, enrollment
for the districts shall be calculated based on the third report
submitted by the districts for the previous fiscal year. The moneys
appropriated for each fiscal year shall be distributed periodically
to each school district unless otherwise provided for. The
department, in June of each year, shall submit to the controlling
board the department's year-end distributions pursuant to this
chapter.

Except
as otherwise provided, payments under this chapter shall be made only
to those school districts in which:

(A)
The school district, except for any educational service center and
any joint vocational or cooperative education school district, levies
for current operating expenses at least twenty mills
,
unless the school district is levying less than that amount due to
the operation of section 5705.316 or 5705.32 of the Revised Code
.
Levies for joint vocational or cooperative education school districts
or county school financing districts, limited to or to the extent
apportioned to current expenses, shall be included in this
qualification requirement. School district income tax levies under
Chapter 5748. of the Revised Code, limited to or to the extent
apportioned to current operating expenses, shall be included in this
qualification requirement to the extent determined by the tax
commissioner under division (C) of section 3317.021 of the Revised
Code.

(B)
The school year next preceding the fiscal year for which such
payments are authorized meets the requirement of section 3313.48 of
the Revised Code, with regard to the minimum number of hours school
must be open for instruction with pupils in attendance, for
individualized parent-teacher conference and reporting periods, and
for professional meetings of teachers.

A
school district shall not be considered to have failed to comply with
this division because schools were open for instruction but either
twelfth grade students were excused from attendance for up to the
equivalent of three school days or only a portion of the kindergarten
students were in attendance for up to the equivalent of three school
days in order to allow for the gradual orientation to school of such
students.

A
board of education or governing board of an educational service
center which has not conformed with other law and the rules pursuant
thereto, shall not participate in the distribution of funds
authorized by this chapter, except for good and sufficient reason
established to the satisfaction of the department and the state
controlling board.

All
funds allocated to school districts under this chapter, except those
specifically allocated for other purposes, shall be used to pay
current operating expenses only.

Sec.
3317.011.
This
section shall apply only for fiscal years
2024

2026

and

2025
2027
.

(A)
As used in this section:

(1)
"Average administrative assistant salary" means the average
salary of administrative assistants employed by city, local, and
exempted village school districts in this state with salaries greater
than $20,000 but less than $65,000, using fiscal year 2022 data, as
determined by the department of education and workforce.

(2)
"Average bookkeeping and accounting employee salary" means
the average salary of bookkeeping employees and accounting employees
employed by city, local, and exempted village school districts in
this state with salaries greater than $20,000 but less than $80,000,
using fiscal year 2022 data, as determined by the department.

(3)
"Average clerical staff salary" means the average salary of
clerical staff employed by city, local, and exempted village school
districts in this state with salaries greater than $15,000 but less
than $50,000, using fiscal year 2022 data, as determined by the
department.

(4)
"Average counselor salary" means the average salary of
counselors employed by city, local, and exempted village school
districts in this state with salaries greater than $30,000 but less
than $95,000, using fiscal year 2022 data, as determined by the
department.

(5)
"Average education management information system support
employee salary" means the average salary of accounting
employees employed by city, local, and exempted village school
districts in this state with salaries greater than $30,000 but less
than $90,000, using fiscal year 2022 data, as determined by the
department.

(6)
"Average librarian and media staff salary" means the
average salary of librarians and media staff employed by city, local,
and exempted village school districts in this state with salaries
greater than $30,000 but less than $95,000, using fiscal year 2022
data, as determined by the department.

(7)
"Average other district administrator salary" means the
average salary of all assistant superintendents and directors
employed by city, local, and exempted village school districts in
this state with salaries greater than $50,000 but less than $135,000,
using fiscal year 2022 data, as determined by the department.

(8)
"Average principal salary" means the average salary of all
principals employed by city, local, and exempted village school
districts in this state with salaries greater than $50,000 but less
than $120,000, using fiscal year 2022 data, as determined by the
department.

(9)
"Average superintendent salary" means the average salary of
all superintendents employed by city, local, and exempted village
school districts in this state with salaries greater than $60,000 but
less than $180,000, using fiscal year 2022 data, as determined by the
department.

(10)
"Average teacher cost" for a fiscal year is equal to the
sum of the following:

(a)
The average salary of teachers employed by city, local, and exempted
village school districts in this state with salaries greater than
$30,000 but less than $95,000, using fiscal year 2022 data, as
determined by the department;

(b)
An amount for teacher benefits equal to 0.16 times the average salary
calculated under division (A)(10)(a) of this section;

(c)
An amount for district-paid insurance costs equal to the following
product:

The
statewide weighted average employer-paid monthly premium based on
data reported by city, local, and exempted village school districts
to the state employment relations board for the health insurance
survey conducted in accordance with divisions (K)(5) and (6) of
section 4117.02 of the Revised Code using fiscal year 2022 data X 12

(11)
"Eligible school district" means a city, local, or exempted
village school district that satisfies one of the following:

(a)
The district is a member of an organization that regulates
interscholastic athletics.

(b)
The district has teams in at least three different sports that
participate in an interscholastic league.

(B)
When calculating a district's aggregate base cost under this section,
the department shall use data from fiscal year 2022 for all of the
following:

(1)
The average salaries determined under divisions (A)(1), (2), (3),
(4), (5), (6), (7), (8), (9), and (10)(a) of this section;

(2)
The amount for teacher benefits determined under division (A)(10)(b)
of this section;

(3)
The district-paid insurance costs determined under division
(A)(10)(c) of this section;

(4)
The spending determined under divisions (E)(4)(a), (E)(5)(a),
(E)(6)(a), and (H)(1) of this section and the corresponding student
counts determined under divisions (E)(4)(b), (E)(5)(b), (E)(6)(b),
and (H)(2) of this section;

(5)
The information determined under division (G)(3) of this section.

(C)
A city, local, or exempted village school district's aggregate base
cost for a fiscal year shall be equal to the following sum:

(The
district's teacher base cost for that fiscal year computed under
division (D) of this section) + (the district's student support base
cost for that fiscal year computed under division (E) of this
section) + (the district's leadership and accountability base cost
for that fiscal year computed under division (F) of this section) +
(the district's building leadership and operations base cost for that
fiscal year computed under division (G) of this section) + (the
athletic co-curricular activities base cost for that fiscal year
computed under division (H) of this section, if the district is an
eligible school district)

(D)
The department shall compute a district's teacher base cost for a
fiscal year as follows:

(1)
Calculate the district's classroom teacher cost for that fiscal year
as follows:

(a)
Determine the full-time equivalency of students in the district's
base cost enrolled ADM for that fiscal year that are enrolled in
kindergarten and divide that number by 20;

(b)
Determine the full-time equivalency of students in the district's
base cost enrolled ADM for that fiscal year that are enrolled in
grades one through three and divide that number by 23;

(c)
Determine the full-time equivalency of students in the district's
base cost enrolled ADM for that fiscal year that are enrolled in
grades four through eight but are not enrolled in a career-technical
education program or class described under section 3317.014 of the
Revised Code and divide that number by 25;

(d)
Determine the full-time equivalency of students in the district's
base cost enrolled ADM for that fiscal year that are enrolled in
grades nine through twelve but are not enrolled in a career-technical
education program or class described under section 3317.014 of the
Revised Code and divide that number by 27;

(e)
Determine the full-time equivalency of students in the district's
base cost enrolled ADM for that fiscal year that are enrolled in a
career-technical education program or class, as certified under
divisions (B)(11), (12), (13), (14), and (15) of section 3317.03 of
the Revised Code, and divide that number by 18;

(f)
Compute the sum of the quotients obtained under divisions (D)(1)(a),
(b), (c), (d), and (e) of this section;

(g)
Compute the classroom teacher cost by multiplying the average teacher
cost for that fiscal year by the sum computed under division
(D)(1)(f) of this section.

(2)
Calculate the district's special teacher cost for that fiscal year as
follows:

(a)
Divide the district's base cost enrolled ADM for that fiscal year by
150;

(b)
If the quotient obtained under division (D)(2)(a) of this section is
greater than 6, the special teacher cost shall be equal to that
quotient multiplied by the average teacher cost for that fiscal year.

(c)
If the quotient obtained under division (D)(2)(a) of this section is
less than or equal to 6, the special teacher cost shall be equal to 6
multiplied by the average teacher cost for that fiscal year.

(3)
Calculate the district's substitute teacher cost for that fiscal year
in accordance with the following formula:

(a)
Compute the substitute teacher daily rate with benefits by
multiplying the substitute teacher daily rate of $90 by 1.16;

(b)
Compute the substitute teacher cost in accordance with the following
formula:

[The
sum computed under division (D)(1)(f) of this section + (the greater
of the quotient obtained under division (D)(2)(a) of this section and
6)] X the amount computed under division (D)(3)(a) of this section X
5

(4)
Calculate the district's professional development cost for that
fiscal year in accordance with the following formula:

[The
sum computed under division (D)(1)(f) of this section + (the greater
of the quotient obtained under division (D)(2)(a) of this section and
6)] X [(the sum of divisions (A)(10)(a) and (b) of this section for
that fiscal year)/180] X 4

(5)
Calculate the district's teacher base cost for that fiscal year,
which equals the sum of divisions (D)(1), (2), (3), and (4) of this
section.

(E)
The department shall compute a district's student support base cost
for a fiscal year as follows:

(1)
Calculate the district's guidance counselor cost for that fiscal year
as follows:

(a)
Determine the number of students in the district's base cost enrolled
ADM for that fiscal year that are enrolled in grades nine through
twelve and divide that number by 360;

(b)
Compute the counselor cost in accordance with the following formula:

(The
greater of the quotient obtained under division (E)(1)(a) of this
section and 1) X [(the average counselor salary for that fiscal year
X 1.16) + the amount specified under division (A)(10)(c) of this
section for that fiscal year]

(2)
Calculate the district's librarian and media staff cost for that
fiscal year as follows:

(a)
Divide the district's base cost enrolled ADM for that fiscal year by
1,000;

(b)
Compute the librarian and media staff cost in accordance with the
following formula:

The
quotient obtained under division (E)(2)(a) of this section X [(the
average librarian and media staff salary for that fiscal year X 1.16)
+ the amount specified under division (A)(10)(c) of this section for
that fiscal year]

(3)
Calculate the district's staffing cost for student wellness and
success for that fiscal year as follows:

(a)
Divide the district's base cost enrolled ADM for that fiscal year by
250;

(b)
Compute the staffing cost for student wellness and success in
accordance with the following formula:

(The
greater of the quotient obtained under division (E)(3)(a) of this
section and 5) X [(the average counselor salary for that fiscal year
X 1.16) + the amount specified under division (A)(10)(c) of this
section for that fiscal year]

(4)
Calculate the district's academic co-curricular activities cost for
that fiscal year as follows:

(a)
Determine the total amount of spending for academic co-curricular
activities reported by city, local, and exempted village school
districts to the department using fiscal year 2022 data;

(b)
Determine the sum of the enrolled ADM of every school district in the
state using fiscal year 2022 data as specified under division
(E)(4)(a) of this section;

(c)
Compute the academic co-curricular activities cost in accordance with
the following formula:

(The
amount determined under division (E)(4)(a) of this section
/

the sum determined under division (E)(4)(b) of this section) X the
district's base cost enrolled ADM for the fiscal year for which the
academic co-curricular activities cost is computed

(5)
Calculate the district's building safety and security cost for that
fiscal year as follows:

(a)
Determine the total amount of spending for building safety and
security reported by city, local, and exempted village school
districts to the department using fiscal year 2022 data;

(b)
Determine the sum of the enrolled ADM of every school district in the
state that reported the data specified under division (E)(5)(a) of
this section using fiscal year 2022 data;

(c)
Compute the building safety and security cost in accordance with the
following formula:

(The
amount determined under division (E)(5)(a) of this section
/

the sum determined under division (E)(5)(a) of this section) X the
district's base cost enrolled ADM for the fiscal year for which the
building safety and security cost is computed

(6)
Calculate the district's supplies and academic content cost for that
fiscal year as follows:

(a)
Determine the total amount of spending for supplies and academic
content, excluding supplies for transportation and maintenance,
reported by city, local, and exempted village school districts to the
department using fiscal year 2022 data;

(b)
Determine the sum of the enrolled ADM of every school district in the
state using fiscal year 2022 data as specified under division
(E)(6)(a) of this section;

(c)
Compute the supplies and academic content cost in accordance with the
following formula:

(The
amount determined under division (E)(6)(a) of this section
/

the sum determined under division (E)(6)(b) of this section) X the
district's base cost enrolled ADM for the fiscal year for which the
supplies and academic content cost is computed

(7)
Calculate the district's technology cost for that fiscal year in
accordance with the following formula:

$37.50
X the district's base cost enrolled ADM for that fiscal year

(8)
Calculate the district's student support base cost for that fiscal
year, which equals the sum of divisions (E)(1), (2), (3), (4), (5),
(6), and (7) of this section.

(F)
The department shall compute a district's leadership and
accountability base cost for a fiscal year as follows:

(1)
Calculate the district's superintendent cost for that fiscal year as
follows:

(a)
If the district's base cost enrolled ADM for that fiscal year is
greater than 4,000, then the district's superintendent cost shall be
equal to [($160,000 X 1.16) + the amount specified under division
(A)(10)(c) of this section for that fiscal year].

(b)
If the district's base cost enrolled ADM for that fiscal year is less
than or equal to 4,000 but greater than or equal to 500, the
district's superintendent cost shall be equal to the sum of the
following:

(i)
(The district's base cost enrolled ADM for that fiscal year - 500) X
{[($160,000 X 1.16) - ($80,000 X 1.16)]/3500};

(ii)
($80,000 X 1.16) + the amount specified under division (A)(10)(c) of
this section for that fiscal year.

(c)
If the district's base cost enrolled ADM is less than 500, then the
district's superintendent cost shall be equal to [($80,000 X 1.16) +
the amount specified under division (A)(10)(c) of this section for
that fiscal year].

(2)
Calculate the district's treasurer cost for that fiscal year as
follows:

(a)
If the district's base cost enrolled ADM for that fiscal year is
greater than 4,000, then the district's treasurer cost shall be equal
to [($130,000 X 1.16) + the amount specified under division
(A)(10)(c) of this section for that fiscal year].

(b)
If the district's base cost enrolled ADM for that fiscal year is less
than or equal to 4,000 but greater than or equal to 500, the
district's treasurer cost shall be equal to the sum of the following:

(i)
(The district's base cost enrolled ADM for that fiscal year - 500) X
{[($130,000 X 1.16) - ($60,000 X 1.16)]/3500};

(ii)
($60,000 X 1.16) + the amount specified under division (A)(10)(c) of
this section for that fiscal year.

(c)
If the district's base cost enrolled ADM is less than 500, then the
district's treasurer cost shall be equal to [($60,000 X 1.16) + the
amount specified under division (A)(10)(c) of this section for that
fiscal year].

(3)
Calculate the district's other district administrator cost for that
fiscal year as follows:

(a)
Divide the average other district administrator salary for that
fiscal year by the average superintendent salary for that fiscal
year;

(b)
Divide the district's base cost enrolled ADM for that fiscal year by
750;

(c)
Compute the other district administrator cost in accordance with the
following formula:

{[(The
district's superintendent cost for that fiscal year calculated under
division (F)(1) of this section - the amount specified under division
(A)(10)(c) of this section for that fiscal year) X the quotient
obtained under division (F)(3)(a) of this section] + the amount
specified under division (A)(10)(c) of this section} X (the greater
of the quotient obtained under division (F)(3)(b) of this section and
2)

(4)
Calculate the district's fiscal support cost for that fiscal year as
follows:

(a)
Divide the district's base cost enrolled ADM for that fiscal year by
850;

(b)
Determine the lesser of the following:

(i)
The maximum of the quotient obtained under division (F)(4)(a) of this
section and 2;

(ii)
35.

(c)
Compute the fiscal support cost in accordance with the following
formula:

The
number obtained under division (F)(4)(b) of this section X [(the
average bookkeeping and accounting employee salary for that fiscal
year X 1.16) + the amount specified under division (A)(10)(c) of this
section for that fiscal year]

(5)
Calculate the district's education management information system
support cost for that fiscal year as follows:

(a)
Divide the district's base cost enrolled ADM for that fiscal year by
5,000;

(b)
Compute the education management information system support cost in
accordance with the following formula:

(The
greater of the quotient obtained under division (F)(5)(a) of this
section and 1) X [(the average education management information
system support employee salary for that fiscal year X 1.16) + the
amount specified under division (A)(10)(c) of this section for that
fiscal year]

(6)
Calculate the district's leadership support cost for that fiscal year
as follows:

(a)
Determine the greater of the quotient obtained under division
(F)(3)(b) of this section and 2, and add 1 to that number;

(b)
Divide the number obtained under division (F)(6)(a) of this section
by 3;

(c)
Compute the leadership support cost in accordance with the following
formula:

(The
greater of the quotient obtained under division (F)(6)(b) of this
section and 1) X [(the average administrative assistant salary for
that fiscal year X 1.16) + the amount specified under division
(A)(10)(c) of this section for that fiscal year]

(7)
Calculate the district's information technology center support cost
for that fiscal year in accordance with the following formula:

$31
X the district's base cost enrolled ADM for that fiscal year

(8)
Calculate the district's district leadership and accountability base
cost for that fiscal year, which equals the sum of divisions (F)(1),
(2), (3), (4), (5), (6), and (7) of this section.

(G)
The department shall compute a district's building leadership and
operations base cost for a fiscal year as follows:

(1)
Calculate the district's building leadership cost for that fiscal
year as follows:

(a)
Divide the average principal salary for that fiscal year by the
average superintendent salary for that fiscal year;

(b)
Divide the district's base cost enrolled ADM for that fiscal year by
450;

(c)
Compute the building leadership cost in accordance with the following
formula:

{[(The
district's superintendent cost for that fiscal year calculated under
division (F)(1) of this section - the amount specified under division
(A)(10)(c) of this section for that fiscal year) X the quotient
obtained under division (G)(1)(a) of this section] + the amount
specified under division (A)(10)(c) of this section for that fiscal
year} X the quotient obtained under division (G)(1)(b) of this
section

(2)
Calculate the district's building leadership support cost for that
fiscal year as follows:

(a)
Divide the district's base cost enrolled ADM for that fiscal year by
400;

(b)
Determine the number of school buildings in the district for
that

the
preceding
fiscal
year;

(c)
Compute the building leadership support cost in accordance with the
following formula:

(i)
If the quotient obtained under division (G)(2)(a) of this section is
less than the number obtained under division (G)(2)(b) of this
section, then the district's building leadership support cost shall
be equal to {the number obtained under division (G)(2)(b) of this
section for that fiscal year X [(the average clerical staff salary
for that fiscal year X 1.16) + the amount specified under division
(A)(10)(c) of this section for that fiscal year]}.

(ii)
If the quotient obtained under division (G)(2)(a) of this section is
greater than or equal to the number obtained under division (G)(2)(b)
of this section, then the district's building leadership support cost
shall be equal to {[the lesser of (the number obtained under division
(G)(2)(b) of this section X 3) and the quotient obtained under
division (G)(2)(a) of this section] X [(the average clerical staff
salary for that fiscal year X 1.16) + the amount specified under
division (A)(10)(c) of this section for that fiscal year]}.

(3)
Calculate the district's building operations cost for that fiscal
year as follows:

(a)
Determine both of the following:

(i)
The average building square feet per pupil for all city, local, and
exempted village school district buildings in the state;

(ii)
The average cost per square foot for all city, local, and exempted
village school district buildings in the state.

(b)
Compute the building operations cost in accordance with the following
formula:

The
district's base cost enrolled ADM for that fiscal year X [(the number
determined under division (G)(3)(a)(i) of this section X the number
determined under division (G)(3)(a)(ii) of this section) - (the
amount determined under division (E)(5)(a) of this section for that
fiscal year/ the sum determined under division (E)(5)(b) of this
section for that fiscal year)]

(4)
Calculate the district's building leadership and operations base cost
for that fiscal year, which equals the sum of divisions (G)(1), (2),
and (3) of this section.

(H)
If a district is an eligible school district, the department shall
compute the district's athletic co-curricular activities base cost
for a fiscal year as follows:

(1)
Determine the total amount of spending for athletic co-curricular
activities reported by city, local, and exempted village school
districts to the department for that fiscal year;

(2)
Determine the sum of the enrolled ADM of every school district in the
state for that fiscal year;

(3)
Compute the district's athletic co-curricular activities base cost in
accordance with the following formula:

(The
amount determined under division (H)(1) of this section
/

the sum determined under division (H)(2) of this section) X the
district's base cost enrolled ADM for the fiscal year for which the
funds for athletic co-curricular activities are computed

Sec.
3317.012.
This
section shall apply only for fiscal years
2024

2026

and

2025
2027
.

(A)
As used in this section, "average administrative assistant
salary," "average bookkeeping and accounting employee
salary," "average clerical staff salary," "average
counselor salary," "average education management
information system support employee salary," "average
librarian and media staff salary," "average other district
administrator salary," "average principal salary,"
"average superintendent salary," and "average teacher
cost" have the same meanings as in section 3317.011 of the
Revised Code.

(B)
When calculating a district's aggregate base cost under this section,
the department shall use data from fiscal year 2022 for all of the
following:

(1)
The average salaries determined under divisions (A)(1), (2), (3),
(4), (5), (6), (7), (8), (9), and (10)(a) of section 3317.011 of the
Revised Code;

(2)
The amount for teacher benefits determined under division (A)(10)(b)
of section 3317.011 of the Revised Code;

(3)
The district-paid insurance costs determined under division
(A)(10)(c) of section 3317.011 of the Revised Code;

(4)
Spending determined under divisions (E)(4)(a), (E)(5)(a), and (H)(1)
of section 3317.011 of the Revised Code and the corresponding student
counts determined under divisions (E)(4)(b), (E)(5)(b), and (H)(2) of
that section;

(5)
The information determined under division (G)(3) of section 3317.011
of the Revised Code.

(C)
A joint vocational school district's aggregate base cost for a fiscal
year shall be equal to the following sum:

The
district's teacher base cost for that fiscal year computed under
division (D) of this section + the district's student support base
cost for that fiscal year computed under division (E) of this section
+ the district's leadership and accountability base cost for that
fiscal year computed under division (F) of this section + the
district's building leadership and operations base cost for that
fiscal year computed under division (G) of this section

(D)
The department of education and workforce shall compute a district's
teacher base cost for a fiscal year as follows:

(1)
Calculate the district's classroom teacher cost for that fiscal year
as follows:

(a)
Determine the full-time equivalency of students in the district's
base cost enrolled ADM for that fiscal year that are enrolled in a
career-technical education program or class, as certified under
divisions (D)(2)(h), (i), (j), (k), and (l) of section 3317.03 of the
Revised Code, and divide that number by 18;

(b)
Determine the full-time equivalency of students in the district's
base cost enrolled ADM for that fiscal year that are enrolled in
grades six through eight but are not enrolled in a career-technical
education program or class described under section 3317.014 of the
Revised Code and divide that number by 25;

(c)
Determine the full-time equivalency of students in the district's
base cost enrolled ADM for that fiscal year that are enrolled in
grades nine through twelve but are not enrolled in a career-technical
education program or class described under section 3317.014 of the
Revised Code and divide that number by 27;

(d)
Compute the sum of the quotients obtained under divisions (D)(1)(a),
(b), and (c) of this section;

(e)
Compute the classroom teacher base cost by multiplying the average
teacher cost for that fiscal year by the sum computed under division
(D)(1)(d) of this section.

(2)
Calculate the district's cost for that fiscal year for teachers
providing health and physical education, instruction regarding
employability and soft skills, development and coordination of
internships and job placements, career-technical student organization
activities, pre-apprenticeship and apprenticeship coordination, and
any assessment related to career-technical education, including any
nationally recognized job skills or end-of-course assessment, as
follows:

(a)
Divide the district's base cost enrolled ADM for that fiscal year by
150;

(b)
If the quotient obtained under division (D)(2)(a) of this section is
greater than 6, the teacher cost shall be equal to that quotient
multiplied by the average teacher cost for that fiscal year.

(c)
If the quotient obtained under division (D)(2)(a) of this section is
less than or equal to 6, the teacher cost shall be equal to 6
multiplied by the average teacher cost for that fiscal year.

(3)
Calculate the district's substitute teacher cost for that fiscal year
in accordance with the following formula:

(a)
Compute the substitute teacher daily rate with benefits by
multiplying the substitute teacher daily rate of $90 by 1.16;

(b)
Compute the substitute teacher cost in accordance with the following
formula:

[The
sum computed under division (D)(1)(d) of this section + (the greater
of the quotient obtained under division (D)(2)(a) of this section and
6)] X the amount computed under division (D)(3)(a) of this section X
5

(4)
Calculate the district's professional development cost for that
fiscal year in accordance with the following formula:

[The
sum computed under division (D)(1)(d) of this section + (the greater
of the quotient obtained under division (D)(2)(a) of this section and
6)] X [(the sum of divisions (A)(10)(a) and (b) of section 3317.011
of the Revised Code for that fiscal year)/180] X 4

(5)
Calculate the district's teacher base cost for that fiscal year,
which equals the sum of divisions (D)(1), (2), (3), and (4) of this
section.

(E)
The department shall compute a district's student support base cost
for a fiscal year as follows:

(1)
Calculate the district's guidance counselor cost for that fiscal year
as follows:

(a)
Determine the number of students in the district's base cost enrolled
ADM for that fiscal year that are enrolled in grades nine through
twelve and divide that number by 360;

(b)
Compute the counselor cost in accordance with the following formula:

(The
greater of the quotient obtained under division (E)(1)(a) of this
section and 1) X [(the average counselor salary for that fiscal year
X 1.16) + the amount specified under division (A)(10)(c) of section
3317.011 of the Revised Code for that fiscal year]

(2)
Calculate the district's librarian and media staff cost for that
fiscal year as follows:

(a)
Divide the district's base cost enrolled ADM for that fiscal year by
1,000;

(b)
Compute the librarian and media staff cost in accordance with the
following formula:

The
quotient obtained under division (E)(2)(a) of this section X [(the
average librarian and media staff salary for that fiscal year X 1.16)
+ the amount specified under division (A)(10)(c) of section 3317.011
of the Revised Code for that fiscal year]

(3)
Calculate the district's staffing cost for student wellness and
success for that fiscal year as follows:

(a)
Divide the district's base cost enrolled ADM for that fiscal year by
250;

(b)
Compute the staffing cost for student wellness and success in
accordance with the following formula:

The
quotient obtained under division (E)(3)(a) of this section X [(the
average counselor salary for that fiscal year X 1.16) + the amount
specified under division (A)(10)(c) of section 3317.011 of the
Revised Code for that fiscal year]

(4)
Calculate the district's cost for that fiscal year for
career-technical curriculum specialists and coordinators, career
assessment and program placement, recruitment and orientation,
student success coordination, analysis of test results, development
of intervention and remediation plans and monitoring of those plans,
and satellite program coordination in accordance with the following
formula:

[(The
amount determined under division (E)(4)(a) of section 3317.011 of the
Revised Code for that fiscal year
/

the sum determined under division (E)(4)(b) of section 3317.011 of
the Revised Code) + (the amount determined under division (H)(1) of
section 3317.011 of the Revised Code for that fiscal year
/

the sum determined under division (H)(2) of section 3317.011 of the
Revised Code)] X the district's base cost enrolled ADM for the fiscal
year for which the district's cost under this division is computed

(5)
Compute the district's building safety and security cost for that
fiscal year in accordance with the following formula:

(The
amount determined under division (E)(5)(a) of section 3317.011 of the
Revised Code for that fiscal year
/

the sum determined under division (E)(5)(b) of section 3317.011 of
the Revised Code) X the district's base cost enrolled ADM for the
fiscal year for which the building safety and security cost is
computed

(6)
Compute the district's supplies and academic content cost for that
fiscal year in accordance with the following formula:

(The
amount determined under division (E)(6)(a) of section 3317.011 of the
Revised Code for that fiscal year
/

the sum determined under division (E)(6)(b) of section 3317.011 of
the Revised Code) X the district's base cost enrolled ADM for the
fiscal year for which the supplies and academic content cost is
computed

(7)
Calculate the district's technology cost for that fiscal year in
accordance with the following formula:

$37.50
X the district's base cost enrolled ADM for that fiscal year

(8)
Calculate the district's student support base cost for that fiscal
year, which equals the sum of divisions (E)(1), (2), (3), (4), (5),
(6), and (7) of this section.

(F)
The department shall compute a district's leadership and
accountability base cost for a fiscal year as follows:

(1)
Calculate the district's superintendent cost for that fiscal year as
follows:

(a)
If the district's base cost enrolled ADM for that fiscal year is
greater than 4,000, then the district's superintendent cost shall be
equal to [($160,000 X 1.16) + the amount specified under division
(A)(10)(c) of section 3317.011 of the Revised Code for that fiscal
year].

(b)
If the district's base cost enrolled ADM for that fiscal year is less
than or equal to 4,000 but greater than or equal to 500, the
district's superintendent cost shall be equal to the sum of the
following:

(i)
(The district's base cost enrolled ADM for that fiscal year - 500) X
{[($160,000 X 1.16) - ($80,000 X 1.16)]/3500};

(ii)
($80,000 X 1.16) + the amount specified under division (A)(10)(c) of
section 3317.011 of the Revised Code for that fiscal year.

(c)
If the district's base cost enrolled ADM is less than 500, then the
district's superintendent cost shall be equal to [($80,000 X 1.16) +
the amount specified under division (A)(10)(c) of section 3317.011 of
the Revised Code for that fiscal year].

(2)
Calculate the district's treasurer cost for that fiscal year as
follows:

(a)
If the district's base cost enrolled ADM for that fiscal year is
greater than 4,000, then the district's treasurer cost shall be equal
to [($130,000 X 1.16) + the amount specified under division
(A)(10)(c) of section 3317.011 of the Revised Code for that fiscal
year].

(b)
If the district's base cost enrolled ADM for that fiscal year is less
than or equal to 4,000 but greater than or equal to 500, the
district's treasurer cost shall be equal to the sum of the following:

(i)
(The district's base cost enrolled ADM for that fiscal year - 500) X
{[($130,000 X 1.16) - ($60,000 X 1.16)]/3500};

(ii)
($60,000 X 1.16) + the amount specified under division (A)(10)(c) of
section 3317.011 of the Revised Code for that fiscal year.

(c)
If the district's base cost enrolled ADM is less than 500, then the
district's treasurer cost shall be equal to [($60,000 X 1.16) + the
amount specified under division (A)(10)(c) of section 3317.011 of the
Revised Code for that fiscal year].

(3)
Calculate the district's other district administrator cost for that
fiscal year as follows:

(a)
Divide the average other district administrator salary for that
fiscal year by the average superintendent salary for that fiscal
year;

(b)
Divide the district's base cost enrolled ADM for that fiscal year by
750;

(c)
Compute the other district administrator cost in accordance with the
following formula:

{[(The
district's superintendent cost for that fiscal year calculated under
division (F)(1) of this section - the amount specified under division
(A)(10)(c) of section 3317.011 of the Revised Code for that fiscal
year) X the quotient obtained under division (F)(3)(a) of this
section] + the amount specified under division (A)(10)(c) of section
3317.011 of the Revised Code} X (the greater of the quotient obtained
under division (F)(3)(b) of this section and 2)

(4)
Calculate the district's fiscal support cost for that fiscal year as
follows:

(a)
Divide the district's base cost enrolled ADM for that fiscal year by
850;

(b)
Determine the lesser of the following:

(i)
The maximum of the quotient obtained under division (F)(4)(a) of this
section and 2;

(ii)
35.

(c)
Compute the fiscal support cost in accordance with the following
formula:

The
number obtained under division (F)(4)(b) of this section X [(the
average bookkeeping and accounting employee salary for that fiscal
year X 1.16) + the amount specified under division (A)(10)(c) of
section 3317.011 of the Revised Code for that fiscal year]

(5)
Calculate the district's education management information system
support cost for that fiscal year as follows:

(a)
Divide the district's base cost enrolled ADM for that fiscal year by
5,000;

(b)
Compute the education management information system support cost in
accordance with the following formula:

(The
greater of the quotient obtained under division (F)(5)(a) of this
section and 1) X [(the average education management information
system support employee salary for that fiscal year X 1.16) + the
amount specified under division (A)(10)(c) of section 3317.011 of the
Revised Code for that fiscal year]

(6)
Calculate the district's leadership support cost for that fiscal year
as follows:

(a)
Determine the greater of the quotient obtained under division
(F)(3)(b) of this section and 2 and add 1 to that number;

(b)
Divide the number obtained under division (F)(6)(a) of this section
by 3;

(c)
Compute the leadership support cost in accordance with the following
formula:

(The
greater of the quotient obtained under division (F)(6)(b) of this
section and 1) X [(the average administrative assistant salary for
that fiscal year X 1.16) + the amount specified under division
(A)(10)(c) of section 3317.011 of the Revised Code for that fiscal
year]

(7)
Calculate the district's information technology center support cost
for that fiscal year in accordance with the following formula:

$31
X the district's base cost enrolled ADM for that fiscal year

(8)
Calculate the district's district leadership and accountability base
cost for that fiscal year, which equals the sum of divisions (F)(1),
(2), (3), (4), (5), (6), and (7) of this section;

(G)
The department shall compute a district's building leadership and
operations base cost for a fiscal year as follows:

(1)
Calculate the district's building leadership cost for that fiscal
year as follows:

(a)
Divide the average principal salary for that fiscal year by the
average superintendent salary for that fiscal year;

(b)
Divide the district's base cost enrolled ADM for that fiscal year by
450;

(c)
Compute the building leadership cost in accordance with the following
formula:

{[(The
district's superintendent cost for that fiscal year calculated under
division (F)(1) of this section - the amount specified under division
(A)(10)(c) of section 3317.011 of the Revised Code for that fiscal
year) X the quotient obtained under division (G)(1)(a) of this
section] + the amount specified under division (A)(10)(c) of section
3317.011 of the Revised Code for that fiscal year} X the quotient
obtained under division (G)(1)(b) of this section

(2)
Calculate the district's building leadership support cost for that
fiscal year as follows:

(a)
Divide the district's base cost enrolled ADM for that fiscal year by
400;

(b)
Determine the number of school buildings in the district for
that

the
preceding
fiscal
year;

(c)
Compute the building leadership support cost in accordance with the
following formula:

(i)
If the quotient obtained under division (G)(2)(a) of this section is
less than the number obtained under division (G)(2)(b) of this
section, then the district's building leadership support cost shall
be equal to {the number obtained under division (G)(2)(b) of this
section X [(the average clerical staff salary X 1.16) + the amount
specified under division (A)(10)(c) of section 3317.011 of the
Revised Code for that fiscal year]}.

(ii)
If the quotient obtained under division (G)(2)(a) of this section is
greater than or equal to the number obtained under division (G)(2)(b)
of this section, then the district's building leadership support cost
shall be equal to {[the lesser of (the number obtained under division
(G)(2)(b) of this section X 3) and the quotient obtained under
division (G)(2)(a) of this section] X [(the average clerical staff
salary for that fiscal year X 1.16) + the amount specified under
division (A)(10)(c) of section 3317.011 of the Revised Code for that
fiscal year]}.

(3)
Compute the district's building operations cost for that fiscal year
in accordance with the following formula:

The
district's base cost enrolled ADM for that fiscal year X [(the number
determined under division (G)(3)(a)(i) of section 3317.011 of the
Revised Code X the number determined under division (G)(3)(a)(ii) of
section 3317.011 of the Revised Code) - (the amount determined under
division (E)(5)(a) of section 3317.011 of the Revised Code for that
fiscal year
/

the sum determined under division (E)(5)(b) of section 3317.011 of
the Revised Code for that fiscal year)]

(4)
Calculate the district's building leadership and operations base cost
for that fiscal year, which equals the sum of divisions (G)(1), (2),
and (3) of this section.

Sec.
3317.014.
(A)
The multiples for the following categories of career-technical
education programs approved by the department of education and
workforce under section 3317.161 of the Revised Code shall be as
follows:

(1)
A multiple of 0.6230 for students enrolled in career-technical
education workforce development programs in agricultural and
environmental systems, construction technologies, engineering and
science technologies, finance, health science, information
technology, and manufacturing technologies, each of which shall be
defined by the department in consultation with the governor's office
of workforce transformation;

(2)
A multiple of 0.5905 for students enrolled in workforce development
programs in business and administration, hospitality and tourism,
human services, law and public safety, transportation systems, and
arts and communications, each of which shall be defined by the
department in consultation with the governor's office of workforce
transformation;

(3)
A multiple of 0.2154 for students enrolled in career-based
intervention programs, which shall be defined by the department in
consultation with the governor's office of workforce transformation;

(4)
A multiple of 0.1830 for students enrolled in workforce development
programs in education and training, marketing, workforce development
academics, public administration, and career development, each of
which shall be defined by the department in consultation with the
governor's office of workforce transformation;

(5)
A multiple of 0.1570 for students enrolled in family and consumer
science programs, which shall be defined by the department in
consultation with the governor's office of workforce transformation.

(B)
The multiple for career-technical education associated services, as
defined by the department, shall be 0.0294.

(C)
The department shall calculate career-technical education funds for
each funding unit that is a city, local, exempted village, or joint
vocational school district or the community and STEM school unit as
follows:

(1)
For fiscal years
2024

2026

and

2025
2027
,
the sum of the following:

(a)
The funding unit's category one career-technical education ADM X the
multiple specified in division (A)(1) of this section X the statewide
average career-technical base cost per pupil for that fiscal year X
if the funding unit is a city, local, exempted village, or joint
vocational school district, the district's state share percentage;

(b)
The funding unit's category two career-technical education ADM X the
multiple specified in division (A)(2) of this section X the statewide
average career-technical base cost per pupil for that fiscal year X
if the funding unit is a city, local, exempted village, or joint
vocational school district, the district's state share percentage;

(c)
The funding unit's category three career-technical education ADM X
the multiple specified in division (A)(3) of this section X the
statewide average career-technical base cost per pupil for that
fiscal year X if the funding unit is a city, local, exempted village,
or joint vocational school district, the district's state share
percentage;

(d)
The funding unit's category four career-technical education ADM X the
multiple specified in division (A)(4) of this section X the statewide
average career-technical base cost per pupil for that fiscal year X
if the funding unit is a city, local, exempted village, or joint
vocational school district, the district's state share percentage;

(e)
The funding unit's category five career-technical education ADM X the
multiple specified in division (A)(5) of this section X the statewide
average career-technical base cost per pupil for that fiscal year X
if the funding unit is a city, local, exempted village, or joint
vocational school district, the district's state share percentage.

(2)
For fiscal year
2026

2028

and
each fiscal year thereafter, the sum of the following:

(a)
An amount calculated in a manner determined by the general assembly
times the funding unit's category one career-technical education ADM;

(b)
An amount calculated in a manner determined by the general assembly
times the funding unit's category two career-technical education ADM;

(c)
An amount calculated in a manner determined by the general assembly
times the funding unit's category three career-technical education
ADM;

(d)
An amount calculated in a manner determined by the general assembly
times the funding unit's category four career-technical education
ADM;

(e)
An amount calculated in a manner determined by the general assembly
times the funding unit's category five career-technical education
ADM.

(3)
Payment of funds calculated under division (C) of this section is
subject to approval under section 3317.161 of the Revised Code.

(D)
Subject to division (I) of section 3317.023 of the Revised Code, the
department shall calculate career-technical associated services funds
for each funding unit that is a city, local, exempted village, or
joint vocational school district or the community and STEM school
unit as follows:

(1)
For fiscal years
2024

2026

and

2025
2027
,
the following product:

(If
the funding unit is a city, local, exempted village, or joint
vocational school district, the funding unit's state share
percentage) X the multiple for career-technical education associated
services specified under division (B) of this section X the statewide
average career-technical base cost per pupil for that fiscal year X
the sum of the funding unit's categories one through five
career-technical education ADM

(2)
For fiscal year
2026

2028

and
each fiscal year thereafter, an amount calculated in a manner
determined by the general assembly times the funding unit's
categories one through five career-technical education ADM.

(E)(1)
In accordance with division (I) of section 3317.023 of the Revised
Code, the department shall compute career awareness and exploration
funds for each city, local, exempted village, and joint vocational
school district, community school established under Chapter 3314. of
the Revised Code, and STEM school established under Chapter 3326. of
the Revised Code that is part of a career technical planning
district. The department shall pay the lead district in each career
technical planning district as follows:

(a)
For fiscal years
2024

2026

and

2025
2027
,
an amount equal to the following product:

The
sum of enrolled ADM for all districts and schools within the career
technical planning district X
$7.50,
for fiscal year 2024, or $10, for fiscal year 2025
$3

(b)
For fiscal year
2026
2028

and each fiscal year thereafter, an amount calculated in a manner
determined by the general assembly, if the general assembly
authorizes such a payment to city, local, exempted village, and joint
vocational school districts, community schools, and STEM schools.

(2)
The lead district of a career technical planning district shall use
career awareness and exploration funds in accordance with division
(H) of this section.

(F)(1)
In any fiscal year, a school district receiving funds calculated
under division (C) of this section shall spend those funds only for
the purposes that the department designates as approved for
career-technical education expenses. Career-technical education
expenses approved by the department shall include only expenses
connected to the delivery of career-technical programming to
career-technical students. The department shall require the school
district to report data annually so that the department may monitor
the district's compliance with the requirements regarding the manner
in which funding calculated under division (C) of this section may be
spent.

(2)
All funds received under division (C) of this section shall be spent
in the following manner:

(a)
At least seventy-five per cent of the funds shall be spent on
curriculum development, purchase, and implementation; instructional
resources and supplies; industry-based program certification; student
assessment, credentialing, and placement; curriculum specific
equipment purchases and leases; career-technical student organization
fees and expenses; home and agency linkages; work-based learning
experiences; professional development; and other costs directly
associated with career-technical education programs including
development of new programs.

(b)
Not more than twenty-five per cent of the funds shall be used for
personnel expenditures.

(G)
In any fiscal year, a school district receiving funds calculated
under division (D) of this section, or through a transfer of funds
pursuant to division (I) of section 3317.023 of the Revised Code,
shall spend those funds only for the purposes that the department
designates as approved for career-technical education associated
services expenses, which may include
such

all
of the following
purposes

as
apprenticeship coordinators, coordinators for other career-technical
education services, career-technical evaluation, and other purposes
designated by the department.
:

(1)
Engaging and collaborating with education and workforce stakeholders
in the service area;

(2)
Developing and maintaining a comprehensive plan to increase
career-focused education activities;

(3)
Ensuring that plans are informed by quality data and using data to
expand access to career-focused activities for all students;

(4)
Planning and allocating resources for the growth, sustainability, and
enhancement of career-focused activities in the long term;

(5)
Establishing continuous improvement and program approval processes.

The
department may deny payment of funds calculated under division (D) of
this section to any district that the department determines is not
operating those services or is using funds calculated under division
(D) of this section, or through a transfer of funds pursuant to
division (I) of section 3317.023 of the Revised Code, for other
purposes.

(H)
In any fiscal year, a lead district of a career-technical planning
district receiving funds under division (E) of this section, shall
utilize those funds to deliver relevant career awareness and
exploration programs to all students within its career technical
planning district in a manner that is consistent with the
career-technical planning district's plan that is on file with the
department. The lead district that receives funds under this division
shall spend those funds only for the following purposes:

(1)
Delivery of career awareness programs to students enrolled in grades
kindergarten through twelve;

(2)
Provision of a common, consistent curriculum to students throughout
their primary and secondary education;

(3)
Assistance to teachers in providing a career development curriculum
to students;

(4)
Development of a career development plan for each student that stays
with that student for the duration of the student's primary and
secondary education;

(5)
Provision of opportunities for students to engage in activities, such
as career fairs, hands-on experiences, and job shadowing, across all
career pathways at each grade level
;

(6)
Provision of mentorship opportunities through which students may
learn about careers and workforce skills.

The
lead district that receives funds under division (E) of this section
shall report on the use of those funds to the department in a manner
prescribed by the department
.

The
department may deny payment under this division to any district or
school that the department determines is using funds paid under this
division for other purposes.

Sec.
3317.016.
As
used in this section, "English learner" has the same
meaning as in section 3301.0731 of the Revised Code.

The
multiples for English learners shall be as follows:

(A)
A multiple of 0.2104 for each student who has been identified as an
English learner following the state's standardized identification
process enrolled in schools in the United States for 180 school days
or less.

(B)
A multiple of 0.1577 for each student who, for fiscal years
2024

2026

and

2025

2027

has
been identified as an English learner following the state's
standardized identification process and enrolled in schools in the
United States for more than 180 school days until the student
achieves a proficient score on the spring administration of the
state's English language proficiency assessments prescribed by
division (C)(3) of section 3301.0711 of the Revised Code or who, for
fiscal year
2026

2028

and
each fiscal year thereafter, satisfies criteria specified by the
general assembly for purposes of this division.

(C)
A multiple of 0.1053 for each student who, for fiscal years
2024

2026

and

2025
2027
,
achieves a score of proficient on the spring administration of the
state's English language proficiency assessments prescribed by
division (C)(3) of section 3301.0711 of the Revised Code for the two
school years following the school year in which the student achieved
that level of achievement or who, for fiscal year
2026

2028

and
each fiscal year thereafter, satisfies criteria specified by the
general assembly for purposes of this division.

Sec.
3317.017.
This
section shall apply only for fiscal years
2024

2026

and

2025
2027
.

(A)
The department of education and workforce shall compute a city,
local, or exempted village school district's per-pupil local capacity
amount for a fiscal year as follows:

(1)
Calculate the district's valuation per pupil for that fiscal year as
follows:

(a)
Determine the minimum of the district's three-year average valuation
for the fiscal year for which the calculation is made and the
district's taxable value for the most recent tax year for which data
is available;

(b)
Divide the amount determined under division (A)(1)(a) of this section
by the district's base cost enrolled ADM for the fiscal year for
which the calculation is made.

(2)
Calculate the district's local share federal adjusted gross income
per pupil for that fiscal year as follows:

(a)
Determine the minimum of the following:

(i)
The average of the total federal adjusted gross income of the
district's residents for the three most recent tax years for which
data is available, as certified under section 3317.021 of the Revised
Code;

(ii)
The total federal adjusted gross income of the district's residents
for the most recent tax year for which data is available, as
certified under section 3317.021 of the Revised Code.

(b)
Divide the amount determined under division (A)(2)(a) of this section
by the district's base cost enrolled ADM for the fiscal year for
which the calculation is made.

(3)
Calculate the district's adjusted local share federal adjusted gross
income per pupil for that fiscal year as follows:

(a)
Determine both of the following:

(i)
The median federal adjusted gross income of the district's residents
for the most recent tax year for which data is available, as
certified under section 3317.021 of the Revised Code;

(ii)
The number of state tax returns filed by taxpayers residing in the
district for the most recent tax year for which data is available, as
certified under section 3317.021 of the Revised Code.

(b)
Compute the product of divisions (A)(3)(a)(i) and (ii) of this
section;

(c)
Divide the amount determined under division (A)(3)(b) of this section
by the district's base cost enrolled ADM for the fiscal year for
which the calculation is made.

(4)
Calculate the district's per-pupil local capacity percentage as
follows:

(a)
Determine the median of the median federal adjusted gross incomes
determined for all districts statewide under division (A)(3)(a)(i) of
this section for that fiscal year;

(b)
Divide the district's median federal adjusted gross income for that
fiscal year determined under division (A)(3)(a)(i) of this section by
the median federal adjusted gross income for all districts statewide
determined under division (A)(4)(a) of this section;

(c)
Rank all school districts in order of the ratios calculated under
division (A)(4)(b) of this section, from the district with the
highest ratio calculated under division (A)(4)(b) of this section to
the district with the lowest ratio calculated under division
(A)(4)(b) of this section;

(d)
Determine the district's per-pupil local capacity percentage as
follows:

(i)
If the ratio calculated for the district under division (A)(4)(b) of
this section is greater than or equal to the ratio calculated under
division (A)(4)(b) of this section for the district with the fortieth
highest ratio as determined under division (A)(4)(c) of this section,
the district's per-pupil local capacity percentage shall be equal to
0.025.

(ii)
If the ratio calculated for the district under division (A)(4)(b) of
this section is less than the ratio calculated under division
(A)(4)(b) of this section for the district with the fortieth highest
ratio as determined under division (A)(4)(c) of this section but
greater than 1.0, the district's per-pupil local capacity percentage
shall be equal to an amount calculated as follows:

{[(The
ratio calculated for the district under division (A)(4)(b) of this
section - 1) X 0.0025]/ (the ratio calculated under division
(A)(4)(b) of this section for the district with the fortieth highest
ratio as determined under division (A)(4)(c) of this section – 1)}
+ 0.0225

(iii)
If the ratio calculated for the district under division (A)(4)(b) of
this section is less than or equal to 1.0, the district's per-pupil
local capacity percentage shall be equal to the amount calculated
under division (A)(4)(b) of this section times 0.0225.

(5)
Calculate the district's per-pupil local capacity amount for that
fiscal year as follows:

(The
district's valuation per pupil calculated under division (A)(1) of
this section for that fiscal year X the district's per-pupil local
capacity percentage calculated under division (A)(4) of this section
X 0.60) + (the district's local share federal adjusted gross income
per pupil calculated under division (A)(2) of this section for that
fiscal year X the district's per-pupil local capacity percentage
calculated under division (A)(4) of this section X 0.20 ) + (the
district's adjusted local share federal adjusted gross income per
pupil calculated under division (A)(3) of this section for that
fiscal year X the district's per-pupil local capacity percentage
calculated under division (A)(4) of this section X 0.20)

(B)
The department shall compute a city, local, or exempted village
school district's state share for a fiscal year as follows:

(1)
If the district's per-pupil local capacity amount for that fiscal
year divided by the district's base cost per pupil for that fiscal
year is greater than 0.90, then the district's state share shall be
equal to (the district's base cost per pupil for that fiscal year X
0.10 X the district's enrolled ADM for that fiscal year).

(2)
If the district's per-pupil local capacity amount for that fiscal
year divided by the district's base cost per pupil for that fiscal
year is less than or equal to 0.90, then the district's state share
for that fiscal year shall be equal to [(the district's base cost per
pupil for that fiscal year - the district's per-pupil local capacity
amount for that fiscal year) X the district's enrolled ADM for that
fiscal year].

(C)
The department shall compute a city, local, or exempted village
school district's state share percentage for a fiscal year as
follows:

(the
district's base cost per pupil amount for that fiscal year - the
district's per pupil local capacity amount for that fiscal year)/(the
district's base cost per pupil amount for that fiscal year).

If
the result is less than 0.10, the state share percentage shall be
0.10.

Sec.
3317.018.
(A)
The statewide average base cost per pupil shall be determined as
follows:

(1)
For fiscal year 2024, the statewide average base cost per pupil shall
be equal to the sum of the aggregate base cost calculated for all
city, local, and exempted village school districts in the state for
that fiscal year under section 3317.011 of the Revised Code divided
by the sum of the base cost enrolled ADMs of all of the city, local,
and exempted village school districts in the state for that fiscal
year.

(2)
For fiscal
year

years

2025
,
2026, and 2027
,
the statewide average base cost per pupil shall be equal to the
amount calculated under division (A)(1) of this section.

(B)
The statewide average career-technical base cost per pupil shall be
determined as follows:

(1)
For fiscal year 2024, the statewide average career-technical base
cost per pupil shall be equal to the sum of the aggregate base cost
calculated for all joint vocational school districts in the state for
that fiscal year under section 3317.012 of the Revised Code divided
by the sum of the base cost enrolled ADMs of all of the joint
vocational school districts in the state for that fiscal year.

(2)
For fiscal
year

years

2025
,
2026, and 2027
,
the statewide average career-technical base cost per pupil shall be
equal to the amount calculated under division (B)(1) of this section.

Sec.
3317.019.
(A)(1)
Subject to division (C) of this section, for fiscal years
2024

2026

and

2025
2027
,
the department of education and workforce shall pay temporary
transitional aid to each city, local, and exempted village school
district according to the following formula:

(The
district's funding base, as that term is defined in section 3317.02
of the Revised Code) – (the district's payment under section
3317.022 of the Revised Code

-
the district's payment for supplemental targeted assistance under
section 3317.0218 of the Revised Code for the fiscal year for which
each payment is computed
)

If
the computation made under division (A)(1) of this section results in
a negative number, the district's funding under division (A)(1) of
this section shall be zero.

(2)
For fiscal years
2024

2026

and

2025
2027
,
the department shall pay temporary transitional transportation aid to
that district according to the following formula:

(The
amount calculated for the district for fiscal year 2020 under
division (A)(2) of Section 265.220 of H.B. 166 of the 133rd general
assembly, prior to any funding reductions authorized by Executive
Order 2020-19D, "Implementing Additional Spending Controls to
Balance the State Budget" issued on May 7, 2020) – (the
district's payment for fiscal year 2019 under division (D)(2) of
section 3314.091 of the Revised Code as that division existed prior
to September 30, 2021) - (the district's payment under section
3317.0212 of the Revised Code for the fiscal year for which the
payment is computed)

If
the computation made under division (A)(2) of this section results in
a negative number, the district's funding under division (A)(2) of
this section shall be zero.

(B)
If a local school district participates in the establishment of a
joint vocational school district that begins receiving payments under
section 3317.16 of the Revised Code for fiscal year
2024

2026

or
fiscal year
2025
2027
,
but does not receive payments for the fiscal year immediately
preceding that fiscal year, the department shall adjust, as
necessary, the district's funding base, as that term is defined in
section 3317.02 of the Revised Code, according to the amounts
received by the district in the immediately preceding fiscal year for
career-technical education students who attend the newly established
joint vocational school district.

(C)(1)
For purposes of division (C) of this section, a district's "decrease
threshold" for a fiscal year is the greater of the following:

(a)
Twenty;

(b)
Ten per cent of the number of the district's students counted under
division (A)(1)(b) of section 3317.03 of the Revised Code for the
previous fiscal year.

(2)
For fiscal years
2024

2026

and

2025
2027
,
if a district has fewer students counted under division (A)(1)(b) of
section 3317.03 of the Revised Code for that fiscal year than for the
previous fiscal year and the positive difference between those two
student counts is greater than or equal to the district's decrease
threshold for that fiscal year, the amount paid to the district under
division (A) of this section shall be reduced by the following
amount:

The
statewide average base cost per pupil X [(the positive difference
between the number of the district's students counted under division
(A)(1)(b) of section 3317.03 of the Revised Code for that fiscal year
and the number of the district's students counted under that division
for the previous fiscal year) - the district's decrease threshold for
that fiscal year]

At
no time, however, shall the amount paid to a district under division
(A) of this section be less than zero.

Sec.
3317.0110.
This
section shall apply only for fiscal years
2024

2026

and

2025
2027
.

(A)
As used in this section:

(1)
"Average teacher cost" for a fiscal year has the same
meaning as in section 3317.011 of the Revised Code.

(2)
"Eligible community or STEM school" means a community or
STEM school that satisfies one of the following:

(a)
The school is a member of an organization that regulates
interscholastic athletics.

(b)
The school has teams in at least three different sports that
participate in an interscholastic league.

(B)
When calculating a community or STEM school's aggregate base cost
under this section, the department
of
education and workforce
shall
use data from fiscal year 2022 for the average teacher cost.

(C)
A community or STEM school's aggregate base cost for a fiscal year
shall be equal to the following sum:

(The
school's teacher base cost for that fiscal year computed under
division (D) of this section) + (the school's student support base
cost for that fiscal year computed under division (E) of this
section) + (the school's leadership and accountability base cost for
that fiscal year computed under division (F) of this section) + (the
school's building leadership and operations base cost for that fiscal
year computed under division (G) of this section) + (the school's
athletic co-curricular activities base cost for that fiscal year
computed under division (H) of this section, if the school is an
eligible community or STEM school)

(D)
The department
of
education
shall
compute a community or STEM school's teacher base cost for a fiscal
year as follows:

(1)
Calculate the school's classroom teacher cost for that fiscal year as
follows:

(a)
Determine the full-time equivalency of students enrolled in the
school for that fiscal year that are enrolled in kindergarten and
divide that number by 20;

(b)
Determine the full-time equivalency of students enrolled in the
school for that fiscal year that are enrolled in grades one through
three and divide that number by 23;

(c)
Determine the full-time equivalency of students enrolled in the
school for that fiscal year that are enrolled in grades four through
eight but are not enrolled in a career-technical education program or
class described under section 3317.014 of the Revised Code and divide
that number by 25;

(d)
Determine the full-time equivalency of students enrolled in the
school for that fiscal year that are enrolled in grades nine through
twelve but are not enrolled in a career-technical education program
or class described under section 3317.014 of the Revised Code and
divide that number by 27;

(e)
Determine the full-time equivalency of students enrolled in the
school for that fiscal year that are enrolled in a career-technical
education program or class, as reported under division (B)(4) of
section 3314.08 of the Revised Code, and divide that number by 18;

(f)
Compute the sum of the quotients obtained under divisions (D)(1)(a),
(b), (c), (d), and (e) of this section;

(g)
Compute the classroom teacher cost by multiplying the average teacher
cost for that fiscal year by the sum computed under division
(D)(1)(f) of this section.

(2)
Calculate the school's special teacher cost for that fiscal year as
follows:

(a)
Divide the number of students enrolled in the school for that fiscal
year by 150;

(b)
Compute the special teacher cost by multiplying the quotient obtained
under division (D)(2)(a) of this section by the average teacher cost
for that fiscal year.

(3)
Calculate the school's substitute teacher cost for that fiscal year
in accordance with the following formula:

(a)
Compute the substitute teacher daily rate with benefits by
multiplying the substitute teacher daily rate of $90 by 1.16;

(b)
Compute the substitute teacher cost in accordance with the following
formula:

(The
sum computed under division (D)(1)(f) of this section + the quotient
obtained under division (D)(2)(a) of this section) X the amount
computed under division (D)(3)(a) of this section X 5

(4)
Calculate the school's professional development cost for that fiscal
year in accordance with the following formula:

(The
sum computed under division (D)(1)(f) of this section + the quotient
obtained under division (D)(2)(a) of this section) X [(the sum of
divisions (A)(10)(a) and (b) of section 3317.011 of the Revised Code
for that fiscal year)/180] X 4

(5)
Calculate the school's teacher base cost for that fiscal year, which
equals the sum of divisions (D)(1), (2), (3), and (4) of this
section.

(E)
The department shall compute a community or STEM school's student
support base cost for a fiscal year as follows:

The
number of students enrolled in the school for that fiscal year X
[(the sum of the student support base cost calculated for all city,
local, and exempted village school districts in the state for that
fiscal year under division (E) of section 3317.011 of the Revised
Code)
/

the sum of the base cost enrolled ADMs of all of the city, local, and
exempted village school districts in the state for that fiscal year]

(F)
The department shall compute a community or STEM school's leadership
and accountability base cost for a fiscal year as follows:

The
number of students enrolled in the school for that fiscal year X (the
sum of the leadership and accountability base cost calculated for all
city, local, and exempted village school districts in the state for
that fiscal year under division (F) of section 3317.011 of the
Revised Code
/

the sum of the base cost enrolled ADMs of all of the city, local, and
exempted village school districts in the state for that fiscal year)

(G)
The department shall compute a community or STEM school's building
leadership and operations base cost for a fiscal year as follows:

The
number of students enrolled in the school for that fiscal year X (the
sum of the building leadership and accountability base cost
calculated for all city, local, and exempted village school districts
in the state for that fiscal year under division (G) of section
3317.011 of the Revised Code
/

the sum of the base cost enrolled ADMs of all of the city, local, and
exempted village school districts in the state for that fiscal year)

(H)
If a community or STEM school is an eligible community or STEM
school, the department shall compute the school's athletic
co-curricular activities base cost for a fiscal year as follows:

The
number of students enrolled in the school for that fiscal year X (the
amount determined under division (H)(1) of section 3317.011 of the
Revised Code
/

the sum determined under division (H)(2) of section 3317.011 of the
Revised Code)

Sec.
3317.02.
As
used in this chapter:

(A)
"Alternative school" has the same meaning as in section
3313.974 of the Revised Code.

(B)
"Autism scholarship unit" means a unit that consists of all
of the students for whom autism scholarships are awarded under
section 3310.41 of the Revised Code.

(C)
For fiscal years
2024

2026

and

2025
2027
,
a district's "base cost enrolled ADM" for a fiscal year
means the greater of the following:

(1)
The district's enrolled ADM for the previous fiscal year;

(2)
The average of the district's enrolled ADM for the previous three
fiscal years.

(D)(1)
"Base cost per pupil" means the following for a city,
local, or exempted village school district:

(a)
For fiscal years
2024

2026

and

2025
2027
,
the aggregate base cost calculated for that district for that fiscal
year under section 3317.011 of the Revised Code divided by the
district's base cost enrolled ADM for that fiscal year;

(b)
For fiscal year
2026

2028

and
each fiscal year thereafter, an amount calculated in a manner
determined by the general assembly.

(2)
"Base cost per pupil" means the following for a joint
vocational school district:

(a)
For fiscal years
2024

2026

and

2025
2027
,
the aggregate base cost calculated for that district for that fiscal
year under section 3317.012 of the Revised Code divided by the
district's base cost enrolled ADM for that fiscal year;

(b)
For fiscal year
2026

2028

and
each fiscal year thereafter, an amount calculated in a manner
determined by the general assembly.

(E)(1)
"Category one career-technical education ADM" means the
enrollment of students during the school year on a full-time
equivalency basis in career-technical education programs described in
division (A)(1) of section 3317.014 of the Revised Code and, in the
case of a funding unit that is a city, local, exempted village, or
joint vocational school district, certified under division (B)(11) or
(D)(2)(h) of section 3317.03 of the Revised Code or, in the case of
the community and STEM school unit, reported by all community and
STEM schools statewide under divisions (B)(4) and (5) of section
3314.08 of the Revised Code and division (D) of section 3326.32 of
the Revised Code.

(2)
"Category two career-technical education ADM" means the
enrollment of students during the school year on a full-time
equivalency basis in career-technical education programs described in
division (A)(2) of section 3317.014 of the Revised Code and, in the
case of a funding unit that is a city, local, exempted village, or
joint vocational school district, certified under division (B)(12) or
(D)(2)(i) of section 3317.03 of the Revised Code or, in the case of
the community and STEM school unit, reported by all community and
STEM schools statewide under divisions (B)(4) and (5) of section
3314.08 of the Revised Code and division (D) of section 3326.32 of
the Revised Code.

(3)
"Category three career-technical education ADM" means the
enrollment of students during the school year on a full-time
equivalency basis in career-technical education programs described in
division (A)(3) of section 3317.014 of the Revised Code and, in the
case of a funding unit that is a city, local, exempted village, or
joint vocational school district, certified under division (B)(13) or
(D)(2)(j) of section 3317.03 of the Revised Code or, in the case of
the community and STEM school unit, reported by all community and
STEM schools statewide under divisions (B)(4) and (5) of section
3314.08 of the Revised Code and division (D) of section 3326.32 of
the Revised Code.

(4)
"Category four career-technical education ADM" means the
enrollment of students during the school year on a full-time
equivalency basis in career-technical education programs described in
division (A)(4) of section 3317.014 of the Revised Code and, in the
case of a funding unit that is a city, local, exempted village, or
joint vocational school district, certified under division (B)(14) or
(D)(2)(k) of section 3317.03 of the Revised Code or, in the case of
the community and STEM school unit, reported by all community and
STEM schools statewide under divisions (B)(4) and (5) of section
3314.08 of the Revised Code and division (D) of section 3326.32 of
the Revised Code.

(5)
"Category five career-technical education ADM" means the
enrollment of students during the school year on a full-time
equivalency basis in career-technical education programs described in
division (A)(5) of section 3317.014 of the Revised Code and, in the
case of a funding unit that is a city, local, exempted village, or
joint vocational school district, certified under division (B)(15) or
(D)(2)(l) of section 3317.03 of the Revised Code or, in the case of
the community and STEM school unit, reported by all community and
STEM schools statewide under divisions (B)(4) and (5) of section
3314.08 of the Revised Code and division (D) of section 3326.32 of
the Revised Code.

(F)(1)
"Category one English learner ADM" means the full-time
equivalent number of English learners described in division (A) of
section 3317.016 of the Revised Code and, in the case of a funding
unit that is a city, local, exempted village, or joint vocational
school district, certified under division (B)(16) or (D)(2)(m) of
section 3317.03 of the Revised Code or, in the case of the community
and STEM school unit, reported by all community and STEM schools
statewide under division (B)(6) of section 3314.08 of the Revised
Code and division (E) of section 3326.32 of the Revised Code.

(2)
"Category two English learner ADM" means the full-time
equivalent number of English learners described in division (B) of
section 3317.016 of the Revised Code and, in the case of a funding
unit that is a city, local, exempted village, or joint vocational
school district, certified under division (B)(17) or (D)(2)(n) of
section 3317.03 of the Revised Code or, in the case of the community
and STEM school unit, reported by all community and STEM schools
statewide under division (B)(6) of section 3314.08 of the Revised
Code and division (E) of section 3326.32 of the Revised Code.

(3)
"Category three English learner ADM" means the full-time
equivalent number of English learners described in division (C) of
section 3317.016 of the Revised Code and, in the case of a funding
unit that is a city, local, exempted village, or joint vocational
school district, certified under division (B)(18) or (D)(2)(o) of
section 3317.03 of the Revised Code or, in the case of the community
and STEM school unit, reported by all community and STEM schools
statewide under division (B)(6) of section 3314.08 of the Revised
Code and division (E) of section 3326.32 of the Revised Code.

(G)(1)
"Category one special education ADM" means the full-time
equivalent number of children with disabilities receiving special
education services for the disability specified in division (A) of
section 3317.013 of the Revised Code and, in the case of a funding
unit that is a city, local, exempted village, or joint vocational
school district, certified under division (B)(5) or (D)(2)(b) of
section 3317.03 of the Revised Code or, in the case of the community
and STEM school unit, reported by all community and STEM schools
statewide under division (B)(3) of section 3314.08 of the Revised
Code and division (C) of section 3326.32 of the Revised Code.

(2)
"Category two special education ADM" means the full-time
equivalent number of children with disabilities receiving special
education services for those disabilities specified in division (B)
of section 3317.013 of the Revised Code and, in the case of a funding
unit that is a city, local, exempted village, or joint vocational
school district, certified under division (B)(6) or (D)(2)(c) of
section 3317.03 of the Revised Code or, in the case of the community
and STEM school unit, reported by all community and STEM schools
statewide under division (B)(3) of section 3314.08 of the Revised
Code and division (C) of section 3326.32 of the Revised Code.

(3)
"Category three special education ADM" means the full-time
equivalent number of students receiving special education services
for those disabilities specified in division (C) of section 3317.013
of the Revised Code, and, in the case of a funding unit that is a
city, local, exempted village, or joint vocational school district,
certified under division (B)(7) or (D)(2)(d) of section 3317.03 of
the Revised Code or, in the case of the community and STEM school
unit, reported by all community and STEM schools statewide under
division (B)(3) of section 3314.08 of the Revised Code and division
(C) of section 3326.32 of the Revised Code.

(4)
"Category four special education ADM" means the full-time
equivalent number of students receiving special education services
for those disabilities specified in division (D) of section 3317.013
of the Revised Code and, in the case of a funding unit that is a
city, local, exempted village, or joint vocational school district,
certified under division (B)(8) or (D)(2)(e) of section 3317.03 of
the Revised Code or, in the case of the community and STEM school
unit, reported by all community and STEM schools statewide under
division (B)(3) of section 3314.08 of the Revised Code and division
(C) of section 3326.32 of the Revised Code.

(5)
"Category five special education ADM" means the full-time
equivalent number of students receiving special education services
for the disabilities specified in division (E) of section 3317.013 of
the Revised Code and, in the case of a funding unit that is a city,
local, exempted village, or joint vocational school district,
certified under division (B)(9) or (D)(2)(f) of section 3317.03 of
the Revised Code or, in the case of the community and STEM school
unit, reported by all community and STEM schools statewide under
division (B)(3) of section 3314.08 of the Revised Code and division
(C) of section 3326.32 of the Revised Code.

(6)
"Category six special education ADM" means the full-time
equivalent number of students receiving special education services
for the disabilities specified in division (F) of section 3317.013 of
the Revised Code and, in the case of a funding unit that is a city,
local, exempted village, or joint vocational school district
certified under division (B)(10) or (D)(2)(g) of section 3317.03 of
the Revised Code or, in the case of the community and STEM school
unit, reported by all community and STEM schools statewide under
division (B)(3) of section 3314.08 of the Revised Code and division
(C) of section 3326.32 of the Revised Code.

(H)
"Community and STEM school unit" means a unit that consists
of all of the students enrolled in community schools established
under Chapter 3314. of the Revised Code and science, technology,
engineering, and mathematics schools established under Chapter 3326.
of the Revised Code.

(I)(1)
"Economically disadvantaged index for a school district"
means the following:

(a)
For fiscal years
2024

2026

and

2025
2027
,
the square of the quotient of that district's percentage of students
in its enrolled ADM who are identified as economically disadvantaged
as defined by the department of education and workforce, divided by
the percentage of students in the statewide ADM identified as
economically disadvantaged. For purposes of this calculation:

(i)
For a city, local, or exempted village school district, the
"statewide ADM" equals the sum of the following:

(I)
The enrolled ADM for all city, local, and exempted village school
districts combined;

(II)
The statewide enrollment of students in community schools established
under Chapter 3314. of the Revised Code;

(III)
The statewide enrollment of students in science, technology,
engineering, and mathematics schools established under Chapter 3326.
of the Revised Code.

(ii)
For a joint vocational school district, the "statewide ADM"
equals the sum of the enrolled ADM for all joint vocational school
districts combined.

(b)
For fiscal year
2026

2028

and
each fiscal year thereafter, an index calculated in a manner
determined by the general assembly.

(2)
"Economically disadvantaged index for a community or STEM
school" means the following:

(a)
For fiscal years
2024

2026

and

2025
2027
,
the square of the quotient of the percentage of students enrolled in
the school who are identified as economically disadvantaged as
defined by the department, divided by the percentage of students in
the statewide ADM identified as economically disadvantaged. For
purposes of this calculation, the "statewide ADM" equals
the "statewide ADM" for city, local, and exempted village
school districts described in division (I)(1)(a)(i) of this section.

(b)
For fiscal year
2026

2028

and
each fiscal year thereafter, an index calculated in a manner
determined by the general assembly.

(J)
"Educational choice scholarship unit" means a unit that
consists of all of the students for whom educational choice
scholarships are awarded under sections 3310.03 and 3310.032 of the
Revised Code.

(K)
"Enrolled ADM" means the following:

(1)
For a city, local, or exempted village school district, the
enrollment reported under division (A) of section 3317.03 of the
Revised Code, as verified by the department and adjusted if so
ordered under division (K) of that section, and as further adjusted
by the department, as follows:

(a)
Add the students described in division (A)(1)(b) of section 3317.03
of the Revised Code;

(b)
Subtract the students counted under divisions (A)(2)(a), (b), (d),
(g), (h), (i),
and

(j)
,
and (k)

of section 3317.03 of the Revised Code;

(c)
Count only twenty per cent of the number of joint vocational school
district students counted under division (A)(3) of section 3317.03 of
the Revised Code;

(d)
Add twenty per cent of the number of students who are entitled to
attend school in the district under section 3313.64 or 3313.65 of the
Revised Code and are enrolled in another school district under a
career-technical education compact;

(e)
Add twenty per cent of the number of students described in division
(A)(1)(b) of section 3317.03 of the Revised Code who enroll in a
joint vocational school district or under a career-technical
education compact.

(2)
For a joint vocational school district, the final number verified by
the department, based on the enrollment reported and certified under
division (D) of section 3317.03 of the Revised Code, as adjusted, if
so ordered, under division (K) of that section, and as further
adjusted by the department by adding the students described in
division (D)(1)(b) of section 3317.03 of the Revised Code;

(3)
For the community and STEM school unit, the sum of the number of
students reported as enrolled in community schools under divisions
(B)(1) and (2) of section 3314.08 of the Revised Code and the number
of students reported as enrolled in STEM schools under division (A)
of section 3326.32 of the Revised Code;

(4)
For the educational choice scholarship unit, the number of students
for whom educational choice scholarships are awarded under sections
3310.03 and 3310.032 of the Revised Code as reported under division
(A)(2)(g) of section 3317.03 of the Revised Code;

(5)
For the pilot project scholarship unit, the number of students for
whom pilot project scholarships are awarded under sections 3313.974
to 3313.979 of the Revised Code as reported under division (A)(2)(b)
of section 3317.03 of the Revised Code;

(6)
For the autism scholarship unit, the number of students for whom
autism scholarships are awarded under section 3310.41 of the Revised
Code as reported under division (A)(2)(h) of section 3317.03 of the
Revised Code;

(7)
For the Jon Peterson special needs scholarship unit, the number of
students for whom Jon Peterson special needs scholarships are awarded
under sections 3310.51 to 3310.64 of the Revised Code as reported
under division (A)(2)(h) of section 3317.03 of the Revised Code
;

(8)
For the nonchartered educational savings account unit, the number of
students for whom educational savings accounts are established under
sections 3310.21 to 3310.26 of the Revised Code as reported under
division (A)(2)(k) of section 3317.03 of the Revised Code
.

(L)(1)
"Formula ADM" means, for a city, local, or exempted village
school district, the enrollment reported under division (A) of
section 3317.03 of the Revised Code, as verified by the department
and adjusted if so ordered under division (K) of that section, and as
further adjusted by the department, as follows:

(a)
Count only twenty per cent of the number of joint vocational school
district students counted under division (A)(3) of section 3317.03 of
the Revised Code;

(b)
Add twenty per cent of the number of students who are entitled to
attend school in the district under section 3313.64 or 3313.65 of the
Revised Code and are enrolled in another school district under a
career-technical education compact.

(2)
"Formula ADM" means, for a joint vocational school
district, the final number verified by the department, based on the
enrollment reported and certified under division (D) of section
3317.03 of the Revised Code, as adjusted, if so ordered, under
division (K) of that section.

(M)
"FTE basis" means a count of students based on full-time
equivalency, in accordance with rules adopted by the department
pursuant to section 3317.03 of the Revised Code. In adopting its
rules under this division, the department shall provide for counting
any student in category one, two, three, four, five, or six special
education ADM or in category one, two, three, four, or five
career-technical education ADM in the same proportion the student is
counted in enrolled ADM and formula ADM.

(N)
For fiscal years
2024

2026

and

2025
2027
,
"funding base" means, for a city, local, or exempted
village school district, the sum of the following as calculated by
the department:

(1)
The district's "general funding base," which equals the
amount calculated as follows:

(a)
Compute the sum of the following:

(i)
The amount calculated for the district for fiscal year 2020 under
division (A)(1) of Section 265.220 of H.B. 166 of the 133rd general
assembly after any adjustments required under Section 265.227 of H.B.
166 of the 133rd general assembly and prior to any funding reductions
authorized by Executive Order 2020-19D, "Implementing Additional
Spending Controls to Balance the State Budget" issued on May 7,
2020;

(ii)
For fiscal years
2024

2026

and

2025
2027
,
the district's payments for fiscal year 2020 under divisions (C)(1),
(3), and (4) of section 3313.981 of the Revised Code as those
divisions existed prior to September 30, 2021.

(b)
Subtract from the amount calculated in division (N)(1)(a) of this
section the sum of the following:

(i)
The following difference:

(The
amount paid to the district under division (A)(5) of section 3317.022
of the Revised Code, as that division existed prior to September 30,
2021, for fiscal year 2019) - (the amounts deducted from the district
and paid to a community school under division (C)(1)(e) of section
3314.08 of the Revised Code or a science, technology, engineering,
and mathematics school under division (E) of section 3326.33 of the
Revised Code as those divisions existed prior to September 30, 2021,
for fiscal year 2020 in accordance with division (A) of Section
265.235 of H.B. 166 of the 133rd general assembly)

(ii)
The payments deducted from the district and paid to a community
school for fiscal year 2020 under divisions (C)(1)(a), (b), (c), (d),
(e), (f), and (g) of section 3314.08 of the Revised Code as those
divisions existed prior to September 30, 2021, in accordance with
division (A) of Section 265.230 of H.B. 166 of the 133rd general
assembly;

(iii)
The payments deducted from the district and paid to a science,
technology, engineering, and mathematics school for fiscal year 2020
under divisions (A), (B), (C), (D), (E), (F), and (G) of section
3326.33 of the Revised Code as those divisions existed prior to
September 30, 2021, in accordance with division (A) of Section
265.235 of H.B. 166 of the 133rd general assembly;

(iv)
The payments deducted from the district under division (C) of section
3310.08 of the Revised Code as that division existed prior to
September 30, 2021, division (C)(2) of section 3310.41 of the Revised
Code as that division existed prior to September 30, 2021, and former
section 3310.55 of the Revised Code for fiscal year 2020 and, in the
case of a pilot project school district as defined in section
3313.975 of the Revised Code, the funds deducted from the district
under Section 265.210 of H.B. 166 of the 133rd general assembly to
operate the pilot project scholarship program for fiscal year 2020
under sections 3313.974 to 3313.979 of the Revised Code;

(v)
For fiscal years
2024

2026

and

2025
2027
,
the payments subtracted from the district for fiscal year 2020 under
divisions (B)(1) and (3) of section 3313.981 of the Revised Code as
those divisions existed prior to September 30, 2021.

(2)
The district's "disadvantaged pupil impact aid funding base,"
which equals the following difference:

(The
amount paid to the district under division (A)(5) of section 3317.022
of the Revised Code, as that division existed prior to September 30,
2021, for fiscal year 2019) - (the amounts deducted from the district
and paid to a community school under division (C)(1)(e) of section
3314.08 of the Revised Code or a science, technology, engineering,
and mathematics school under division (E) of section 3326.33 of the
Revised Code as those divisions existed prior to September 30, 2021,
for fiscal year 2020 in accordance with division (A) of Section
265.235 of H.B. 166 of the 133rd general assembly)

(O)
For fiscal years
2024

2026

and

2025
2027
,
"funding base" means, for a joint vocational school
district, the sum of the following as calculated by the department:

(1)
The district's "general funding base," which equals the
amount calculated as follows:

(a)
Compute the sum of the following:

(i)
The district's payments for fiscal year 2020 under Section 265.225 of
H.B. 166 of the 133rd general assembly after any adjustments required
under Section 265.227 of H.B. 166 of the 133rd general assembly;

(ii)
For fiscal years
2024

2026

and

2025
2027
,
the district's payments for fiscal year 2020 under divisions (D)(1)
and (2) of section 3313.981 of the Revised Code as those divisions
existed prior to September 30, 2021.

(b)
Subtract from the amount paid to the district under division (A)(3)
of section 3317.16 of the Revised Code, as that division existed
prior to September 30, 2021, for fiscal year 2019.

(2)
The district's "disadvantaged pupil impact aid funding base,"
which equals the amount paid to the district under division (A)(3) of
section 3317.16 of the Revised Code, as that division existed prior
to September 30, 2021, for fiscal year 2019.

(P)
For fiscal years
2024

2026

and

2025
2027
,
"funding base" for a community school means the following:

(1)
For a community school that was in operation for the entirety of
fiscal year 2020, the amount paid to the school for that fiscal year
under division (C)(1) of section 3314.08 of the Revised Code as that
division existed prior to September 30, 2021, in accordance with
division (A) of Section 265.230 of H.B. 166 of the 133rd general
assembly and the amount, if any, paid to the school for that fiscal
year under section 3314.085 of the Revised Code in accordance with
division (B) of Section 265.230 of H.B. 166 of the 133rd general
assembly;

(2)
For a community school that was in operation for part of fiscal year
2020, the amount that would have been paid to the school for that
fiscal year under division (C)(1) of section 3314.08 of the Revised
Code as that division existed prior to September 30, 2021, in
accordance with division (A) of Section 265.230 of H.B. 166 of the
133rd general assembly if the school had been in operation for the
entirety of that fiscal year, as calculated by the department, and
the amount that would have been paid to the school for that fiscal
year under section 3314.085 of the Revised Code in accordance with
division (B) of Section 265.230 of H.B. 166 of the 133rd general
assembly, if any, if the school had been in operation for the
entirety of that fiscal year, as calculated by the department;

(3)
For a community school that was not in operation for fiscal year
2020, the amount that would have been paid to the school if it was in
operation for that school year under division (C)(1) of section
3314.08 of the Revised Code as that division existed prior to
September 30, 2021, in accordance with division (A) of Section
265.230 of H.B. 166 of the 133rd general assembly if the school had
been in operation for the entirety of that fiscal year, as calculated
by the department, and the amount that would have been paid to the
school for that fiscal year under section 3314.085 of the Revised
Code in accordance with division (B) of Section 265.230 of H.B. 166
of the 133rd general assembly, if any, if the school had been in
operation for the entirety of that fiscal year, as calculated by the
department.

(Q)
For fiscal years
2024

2026

and

2025
2027
,
"funding base" for a STEM school means the following:

(1)
For a science, technology, engineering, and mathematics school that
was in operation for the entirety of fiscal year 2020, the amount
paid to the school for that fiscal year under section 3326.33 of the
Revised Code as that section existed prior to September 30, 2021, in
accordance with division (A) of Section 265.235 of H.B. 166 of the
133rd general assembly and the amount, if any, paid to the school for
that fiscal year under section 3326.41 of the Revised Code in
accordance with division (B) of Section 265.235 of H.B. 166 of the
133rd general assembly;

(2)
For a science, technology, engineering, and mathematics school that
was in operation for part of fiscal year 2020, the amount that would
have been paid to the school for that fiscal year under section
3326.33 of the Revised Code as that section existed prior to
September 30, 2021, in accordance with division (A) of Section
265.235 of H.B. 166 of the 133rd general assembly if the school had
been in operation for the entirety of that fiscal year, as calculated
by the department, and the amount that would have been paid to the
school for that fiscal year under section 3326.41 of the Revised Code
in accordance with division (B) of Section 265.235 of H.B. 166 of the
133rd general assembly, if any, if the school had been in operation
for the entirety of that fiscal year, as calculated by the
department;

(3)
For a science, technology, engineering, and mathematics school that
was not in operation for fiscal year 2020, the amount that would have
been paid to the school if it was in operation for that school year
under section 3326.33 of the Revised Code as that section existed
prior to September 30, 2021, in accordance with division (A) of
Section 265.235 of H.B. 166 of the 133rd general assembly if the
school had been in operation for the entirety of that fiscal year, as
calculated by the department, and the amount that would have been
paid to the school for that fiscal year under section 3326.41 of the
Revised Code in accordance with division (B) of Section 265.235 of
H.B. 166 of the 133rd general assembly, if any, if the school had
been in operation for the entirety of that fiscal year, as calculated
by the department.

(R)
"Funding unit" means any of the following:

(1)
A city, local, exempted village, or joint vocational school district;

(2)
The community and STEM school unit;

(3)
The educational choice scholarship unit;

(4)
The pilot project scholarship unit;

(5)
The autism scholarship unit;

(6)
The Jon Peterson special needs scholarship unit
;

(7)
The nonchartered educational savings account unit
.

(S)
"Jon Peterson special needs scholarship unit" means a unit
that consists of all of the students for whom Jon Peterson
scholarships are awarded under sections 3310.51 to 3310.64 of the
Revised Code.

(T)
"Internet- or computer-based community school" has the same
meaning as in section 3314.02 of the Revised Code.

(U)
"LRE student with a disability" means a child with a
disability who has an individualized education program providing for
the student to spend more than half of each school day in a regular
school setting with nondisabled students. For purposes of this
division, "individualized education program" and "child
with a disability" have the same meanings as in section 3323.01
of the Revised Code, and "LRE" is an abbreviation for
"least restrictive environment."

(V)
"Medically fragile child" means a child to whom all of the
following apply:

(1)
The child requires the services of a doctor of medicine or
osteopathic medicine at least once a week due to the instability of
the child's medical condition.

(2)
The child requires the services of a registered nurse on a daily
basis.

(3)
The child is at risk of institutionalization in a hospital, skilled
nursing facility, or intermediate care facility for individuals with
intellectual disabilities.

(W)(1)
A child may be identified as having an "other health
impairment-major" if the child's condition meets the definition
of "other health impaired" established in rules previously
adopted by the department and if either of the following apply:

(a)
The child is identified as having a medical condition that is among
those listed by the department as conditions where a substantial
majority of cases fall within the definition of "medically
fragile child."

(b)
The child is determined by the department to be a medically fragile
child. A school district superintendent may petition the department
for a determination that a child is a medically fragile child.

(2)
A child may be identified as having an "other health
impairment-minor" if the child's condition meets the definition
of "other health impaired" established in rules previously
adopted by the department but the child's condition does not meet
either of the conditions specified in division (W)(1)(a) or (b) of
this section.

(X)(1)
For fiscal years
2024

2026

and

2025
2027
,
a city, local, exempted village, or joint vocational school
district's, community school's, or STEM school's "general
phase-in percentage" is equal to the percentage for that fiscal
year that is determined by the general assembly.

(2)
For fiscal years
2024

2026

and

2025
2027
,
a city, local, exempted village, or joint vocational school
district's "phase-in percentage for disadvantaged pupil impact
aid" is equal to the percentage for that fiscal year that is
determined by the general assembly.

(Y)
"Pilot project scholarship unit" means a unit that consists
of all of the students for whom pilot project scholarships are
awarded under sections 3313.974 to 3313.979 of the Revised Code.

(Z)
"Preschool child with a disability" means a child with a
disability, as defined in section 3323.01 of the Revised Code, who is
at least age three but is not of compulsory school age, as defined in
section 3321.01 of the Revised Code, and who is not currently
enrolled in kindergarten.

(AA)
"Related services" includes:

(1)
Child study, special education supervisors and coordinators, speech
and hearing services, adaptive physical development services,
occupational or physical therapy, teacher assistants for children
with disabilities whose disabilities are described in division (B) of
section 3317.013 or division (G)(3) of this section, behavioral
intervention, interpreter services, work study, nursing services, and
specialized integrative services as those terms are defined by the
department;

(2)
Speech and language services provided to any student with a
disability, including any student whose primary or only disability is
a speech and language disability;

(3)
Any related service not specifically covered by other state funds but
specified in federal law, including but not limited to, audiology and
school psychological services;

(4)
Any service included in units funded under former division (O)(1) of
section 3317.024 of the Revised Code;

(5)
Any other related service needed by children with disabilities in
accordance with their individualized education programs.

(BB)
"School district," unless otherwise specified, means city,
local, and exempted village school districts.

(CC)
"Separately educated student with a disability" has the
same meaning as in section 3313.974 of the Revised Code.

(DD)
"State education aid" has the same meaning as in section
5751.20 of the Revised Code.

(EE)(1)
"State share percentage" means the following for a city,
local, or exempted village school district:

(a)
For fiscal years
2024

2026

and

2025
2027
,
the state share percentage calculated under section 3317.017 of the
Revised Code;

(b)
For fiscal year
2026

2028

and
each fiscal year thereafter, a percentage calculated in a manner
determined by the general assembly.

(2)
"State share percentage" means

the
following
,

for
a joint vocational school district
:

(a)
For fiscal years 2024 and 2025, the percentage calculated in
accordance with the following formula:

The
amount computed for the district under division (A)(1) of section
3317.16 of the Revised Code for that fiscal year
/

the aggregate base cost calculated for the district for that fiscal
year under section 3317.012 of the Revised Code

(b)
For fiscal year 2026 and each fiscal year thereafter, a percentage
calculated in a manner determined by the general assembly
,
the district's state share percentage calculated under section
3317.165 of the Revised Code
.

(FF)
"Statewide average base cost per pupil" means the
following:

(1)
For fiscal years
2024

2026

and

2025
2027
,
the statewide average base cost per pupil calculated under division
(A) of section 3317.018 of the Revised Code;

(2)
For fiscal year
2026

2028

and
each fiscal year thereafter, an amount calculated in a manner
determined by the general assembly.

(GG)
"Statewide average career-technical base cost per pupil"
means the following:

(1)
For fiscal years
2024

2026

and

2025
2027
,
the statewide average career-technical base cost per pupil calculated
under division (B) of section 3317.018 of the Revised Code;

(2)
For fiscal year
2026

2028

and
each fiscal year thereafter, an amount calculated in a manner
determined by the general assembly.

(HH)
"STEM school" means a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code.

(II)
"Taxes charged and payable" means the taxes charged and
payable against real and public utility property after making the
reduction required by section 319.301 of the Revised Code, plus the
taxes levied against tangible personal property.

(JJ)
For purposes of sections 3317.017 and
3317.16

3317.165

of
the Revised Code, "three-year average valuation" for a
fiscal year means the average of total taxable value for the three
most recent tax years for which data is available, as certified under
section 3317.021 of the Revised Code.

(KK)
"Total ADM" means, for a city, local, or exempted village
school district, the enrollment reported under division (A) of
section 3317.03 of the Revised Code minus the enrollment reported
under divisions (A)(2)(a), (b), (g), (h),
and

(i)
,
and (k)

of that section, as verified by the department and adjusted if so
ordered under division (K) of that section.

(LL)
"Total special education ADM" means the sum of categories
one through six special education ADM.

(MM)
"Total taxable value" means the sum of the amounts
certified for a city, local, exempted village, or joint vocational
school district under divisions (A)(1) and (2) of section 3317.021 of
the Revised Code.

(NN)
"Tuition discount" means any deduction from the base
tuition amount per student charged by a chartered nonpublic school,
to which the student's family is entitled due to one or more of the
following conditions:

(1)
The student's family has multiple children enrolled in the same
school.

(2)
The student's family is a member of or affiliated with a religious or
secular organization that provides oversight of the school or from
which the school has agreed to enroll students.

(3)
The student's parent is an employee of the school.

(4)
Some other qualification not based on the income of the student's
family or the student's athletic or academic ability and for which
all students in the school may qualify.

(OO)
"Nonchartered educational savings account unit" means a
unit that consists of all the students for whom educational savings
accounts are established under sections 3310.21 to 3310.26 of the
Revised Code.

Sec.
3317.021.
(A)
On or before the first day of June of each year, the tax commissioner
shall certify to the department of education and workforce and the
office of budget and management the information described in
divisions (A)(1) to (5) of this section for each city, exempted
village, and local school district, and the information required by
divisions (A)(1) and (2) of this section for each joint vocational
school district, and it shall be used, along with the information
certified under division (B) of this section, in making the
computations for the district under this chapter.

(1)
The taxable value of real and public utility real property in the
school district subject to taxation in the preceding tax year, by
class and by county of location.

(2)
The taxable value of tangible personal property, including public
utility personal property, subject to taxation by the district for
the preceding tax year.

(3)(a)
The total property tax rate and total taxes charged and payable for
the current expenses for the preceding tax year and the total
property tax rate and the total taxes charged and payable to a joint
vocational district for the preceding tax year that are limited to or
to the extent apportioned to current expenses.

(b)
The portion of the amount of taxes charged and payable reported for
each city, local, and exempted village school district under division
(A)(3)(a) of this section attributable to a joint vocational school
district.

(4)
The value of all real and public utility real property in the school
district exempted from taxation minus both of the following:

(a)
The value of real and public utility real property in the district
owned by the United States government and used exclusively for a
public purpose;

(b)
The value of real and public utility real property in the district
exempted from taxation under Chapter 725. or 1728. or section
3735.67, 5709.40, 5709.41, 5709.45, 5709.57, 5709.62, 5709.63,
5709.632, 5709.73, or 5709.78 of the Revised Code.

(5)
The
total

median

federal
adjusted gross income of the residents of the school district, based
on tax returns filed by the residents of the district, for the most
recent year for which this information is available, and the median
Ohio adjusted gross income of the residents of the school district
determined on the basis of tax returns filed for the second preceding
tax year by the residents of the district.

(6)
For fiscal years
2024

2026

and

2025
2027
,
the number of state tax returns filed by the residents of the
district for the most recent year for which this information is
available.

(B)
On or before the first day of May each year, the tax commissioner
shall certify to the department of education and workforce and the
office of budget and management the total taxable real property value
of railroads and, separately, the total taxable tangible personal
property value of all public utilities for the preceding tax year, by
school district and by county of location.

(C)
If on the basis of the information certified under division (A) of
this section, the department determines that any district fails in
any year to meet the qualification requirement specified in division
(A) of section 3317.01 of the Revised Code, the department shall
immediately request the tax commissioner to determine the extent to
which any school district income tax levied by the district under
Chapter 5748. of the Revised Code shall be included in meeting that
requirement. Within five days of receiving such a request from the
department, the tax commissioner shall make the determination
required by this division and report the quotient obtained under
division (C)(3) of this section to the department and the office of
budget and management. This quotient represents the number of mills
that the department shall include in determining whether the district
meets the qualification requirement of division (A) of section
3317.01 of the Revised Code.

The
tax commissioner shall make the determination required by this
division as follows:

(1)
Multiply one mill times the total taxable value of the district as
determined in divisions (A)(1) and (2) of this section;

(2)
Estimate the total amount of tax liability for the current tax year
under taxes levied by Chapter 5748. of the Revised Code that are
apportioned to current operating expenses of the district, excluding
any income tax receipts allocated for the project cost, debt service,
or maintenance set-aside associated with a state-assisted classroom
facilities project as authorized by section 3318.052 of the Revised
Code;

(3)
Divide the amount estimated under division (C)(2) of this section by
the product obtained under division (C)(1) of this section.

Sec.
3317.022.
The
department of education and workforce shall compute and distribute
state core foundation funding to each eligible funding unit that is a
city, local, or exempted village school district, the community and
STEM school unit, the educational choice scholarship unit, the pilot
project scholarship unit, the autism scholarship unit,
and

the
Jon Peterson special needs scholarship unit
,
and the nonchartered educational savings account unit

for the fiscal year, using the information obtained under section
3317.021 of the Revised Code in the calendar year in which the fiscal
year begins in accordance with the following:

For
fiscal years
2024

2026

and

2025
2027
,
for a funding unit that is a city, local, or exempted village school
district:

The
district's funding base + [(the district's state core foundation
funding components for that fiscal year calculated under divisions
(A)(1), (2), (3), (5), (6), (7), and (8) of this section - the
district's general funding base calculated in accordance with
division (N)(1) of section 3317.02 of the Revised Code) X the
district's general phase-in percentage for that fiscal year] + [(the
district's disadvantaged pupil impact aid for that fiscal year
calculated under division (A)(4) of this section – the district's
disadvantaged pupil impact aid funding base calculated in accordance
with division (N)(2) of section 3317.02 of the Revised Code) X the
district's phase-in percentage for disadvantaged pupil impact aid for
that fiscal year]

+
the district's supplemental targeted assistance funds calculated
under section 3317.0218 of the Revised Code

For
fiscal year
2026

2028

and
each fiscal year thereafter, for a funding unit that is a city,
local, or exempted village school district, the sum of the district's
state core foundation funding components for that fiscal year
calculated under divisions (A)(1), (2), (3), (4), (5), (6), (7), and
(8) of this section

and
the district's supplemental targeted assistance funds calculated
under section 3317.0218 of the Revised Code
,
if the general assembly authorizes such payments to these funding
units.

For
fiscal years
2024

2026

and

2025
2027
,
for the community and STEM school unit, an amount calculated in
accordance with section 3317.026 of the Revised Code.

For
fiscal
years
2026
year
2028
and
each fiscal year thereafter, for the community and STEM school unit,
an amount calculated in accordance with divisions (A)(1), (3), (4),
(5), (7), (8),
and

(9)
,
and (14)

of this section, if the general assembly authorizes such payments to
these funding units.

For
the educational choice scholarship unit, the amount calculated under
division (A)(10) of this section.

For
the pilot project scholarship unit, the amount calculated under
division (A)(11) of this section.

For
the autism scholarship unit, the amount calculated under division
(A)(12) of this section.

For
the Jon Peterson special needs scholarship unit, the amount
calculated under division (A)(13) of this section.

For
fiscal year 2027 and each fiscal year thereafter, for the
nonchartered educational savings account unit, the amount calculated
under division (A)(15) of this section.

(A)
A funding unit's state core foundation funding components shall be
the following:

(1)(a)
If the funding unit is a city, local, or exempted village school
district, the district's state share, which is equal to the
following:

(i)
For fiscal years
2024

2026

and

2025
2027
,
the amount calculated under division (B) of section 3317.017 of the
Revised Code;

(ii)
For fiscal year
2026

2028

and
each fiscal year thereafter, an amount calculated in a manner
determined by the general assembly.

(b)
If the funding unit is the community and STEM school unit, the
aggregate base cost for all schools in that unit, which is equal to
the following:

(i)
For fiscal years
2024

2026

and

2025
2027
,
the amount calculated under section 3317.0110 of the Revised Code;

(ii)
For fiscal year
2026

2028

and
each fiscal year thereafter, an amount calculated in a manner
determined by the general assembly.

(2)
If the funding unit is a city, local, or exempted village school
district, targeted assistance funds equal to the following:

(a)
For fiscal years
2024

2026

and

2025
2027
,
an amount calculated under section 3317.0217 of the Revised Code;

(b)
For fiscal year
2026

2028

and
each fiscal year thereafter, an amount calculated in a manner
determined by the general assembly.

(3)
If the funding unit is a city, local, or exempted village school
district or the community and STEM school unit, additional state aid
for special education and related services provided under Chapter
3323. of the Revised Code calculated as follows:

(a)
For fiscal years
2024

2026

and

2025
2027
,
the sum of the following:

(i)
The funding unit's category one special education ADM X the multiple
specified in division (A) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X if
the funding unit is a city, local, or exempted village school
district, the district's state share percentage;

(ii)
The funding unit's category two special education ADM X the multiple
specified in division (B) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X if
the funding unit is a city, local, or exempted village school
district, the district's state share percentage;

(iii)
The funding unit's category three special education ADM X the
multiple specified in division (C) of section 3317.013 of the Revised
Code X the statewide average base cost per pupil for that fiscal year
X if the funding unit is a city, local, or exempted village school
district, the district's state share percentage;

(iv)
The funding unit's category four special education ADM X the multiple
specified in division (D) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X if
the funding unit is a city, local, or exempted village school
district, the district's state share percentage;

(v)
The funding unit's category five special education ADM X the multiple
specified in division (E) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X if
the funding unit is a city, local, or exempted village school
district, the district's state share percentage;

(vi)
The funding unit's category six special education ADM X the multiple
specified in division (F) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X if
the funding unit is a city, local, or exempted village school
district, the district's state share percentage.

(b)
For fiscal year
2026

2028

and
each fiscal year thereafter, the sum of the following:

(i)
An amount calculated in a manner determined by the general assembly
times the funding unit's category one special education ADM;

(ii)
An amount calculated in a manner determined by the general assembly
times the funding unit's category two special education ADM;

(iii)
An amount calculated in a manner determined by the general assembly
times the funding unit's category three special education ADM;

(iv)
An amount calculated in a manner determined by the general assembly
times the funding unit's category four special education ADM;

(v)
An amount calculated in a manner determined by the general assembly
times the funding unit's category five special education ADM;

(vi)
An amount calculated in a manner determined by the general assembly
times the funding unit's category six special education ADM.

(4)
If the funding unit is a city, local, or exempted village school
district or the community and STEM school unit, disadvantaged pupil
impact aid calculated according to the following formula:

(a)
If the funding unit is a city, local, or exempted village school
district, an amount equal to the following:

(i)
For fiscal years
2024

2026

and

2025
2027
,
the following product:

$422
X (the district's economically disadvantaged index) X the number of
students who are economically disadvantaged as certified under
division (B)(21) of section 3317.03 of the Revised Code

(ii)
For fiscal year
2026

2028

and
each fiscal year thereafter, an amount calculated in a manner
determined by the general assembly.

(b)
If the funding unit is the community and STEM school unit, an amount
equal to the following:

(i)
For fiscal years
2024

2026

and

2025
2027
,
an amount calculated as follows:

(I)
For each student in the funding unit's enrolled ADM who is
economically disadvantaged and is not enrolled in an internet- or
computer-based community school, multiply $422 by the economically
disadvantaged index of the school in which the student is enrolled;

(II)
Compute the funding unit's disadvantaged pupil impact aid by
calculating the sum of the amounts determined under division
(A)(4)(b)(i)(I) of this section.

(ii)
For fiscal year
2026

2028

and
each fiscal year thereafter, an amount calculated as follows:

(I)
For each student in the funding unit's enrolled ADM who is
economically disadvantaged and is not enrolled in an internet- or
computer-based community school, calculate an amount in the manner
determined by the general assembly;

(II)
Compute the funding unit's disadvantaged pupil impact aid by
calculating the sum of the amounts determined under division
(A)(4)(b)(ii)(I) of this section.

(5)
If the funding unit is a city, local, or exempted village school
district or the community and STEM school unit, English learner funds
calculated as follows:

(a)
For fiscal years
2024

2026

and

2025
2027
,
the sum of the following:

(i)
The funding unit's category one English learner ADM X the multiple
specified in division (A) of section 3317.016 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X if
the funding unit is a city, local, or exempted village school
district, the district's state share percentage;

(ii)
The funding unit's category two English learner ADM X the multiple
specified in division (B) of section 3317.016 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X if
the funding unit is a city, local, or exempted village school
district, the district's state share percentage;

(iii)
The funding unit's category three English learner ADM X the multiple
specified in division (C) of section 3317.016 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X if
the funding unit is a city, local, or exempted village school
district, the district's state share percentage.

(b)
For fiscal year
2026

2028

and
each fiscal year thereafter, the sum of the following:

(i)
An amount calculated in a manner determined by the general assembly
times the funding unit's category one English learner ADM;

(ii)
An amount calculated in a manner determined by the general assembly
times the funding unit's category two English learner ADM;

(iii)
An amount calculated in a manner determined by the general assembly
times the funding unit's category three English learner ADM.

(6)(a)
For fiscal years
2024

2026

and

2025
2027
,
if the funding unit is a city, local, or exempted village school
district, all of the following:

(i)
Gifted identification funds calculated according to the following
formula:

$24
X the district's enrolled ADM for grades kindergarten through six X
the district's state share percentage

(ii)
Gifted referral funds calculated according to the following formula:

$2.50
X the district's enrolled ADM X the district's state share percentage

(iii)

Gifted
professional development funds calculated according to the following
formula:

(The
greater of the number of gifted students enrolled in the district as
certified under division (B)(22) of section 3317.03 of the Revised
Code and ten per cent of the district's enrolled ADM) X the
district's state share percentage X $21, for fiscal year 2024, or
$28, for fiscal year 2025

(iv)

Gifted unit funding calculated under section 3317.051 of the Revised
Code.

(b)
For fiscal year
2026

2028

and
each fiscal year thereafter, all of the following:

(i)
Gifted identification funds calculated in a manner determined by the
general assembly;

(ii)
Gifted referral funds calculated in a manner determined by the
general assembly, if the general assembly authorizes such a payment;

(iii)

Gifted
professional development funds calculated in a manner determined by
the general assembly, if the general assembly authorizes such a
payment;

(iv)

Gifted
unit funding calculated in an amount determined by the general
assembly.

(7)
If the funding unit is a city, local, or exempted village school
district or the community and STEM school unit, career-technical
education funds calculated under division (C) of section 3317.014 of
the Revised Code.

(8)
If the funding unit is a city, local, or exempted village school
district or the community and STEM school unit, career-technical
education associated services funds calculated under division (D) of
section 3317.014 of the Revised Code.

(9)
If the funding unit is the community and STEM school unit, an amount
calculated as follows:

(a)
For fiscal years
2024

2026

and

2025
2027
,
an amount equal to the following:

[The
number of students in the funding unit's enrolled ADM who are
reported under division (B)(5) of section 3314.08 of the Revised Code
X (the aggregate base cost calculated for all schools in the funding
unit for that fiscal year under section 3317.0110 of the Revised Code

/

the funding unit's enrolled ADM) X.20]

(b)
For fiscal year
2026

2028

and
each fiscal year thereafter, an amount calculated in a manner
determined by the general assembly.

(10)
If the funding unit is the educational choice scholarship unit, an
amount calculated as follows:

(a)
For each student in the funding unit's enrolled ADM, determine the
lesser of the following:

(i)
The base tuition of the chartered nonpublic school in which the
student is enrolled minus the total amount of any applicable tuition
discounts for which the student qualifies;

(ii)(I)
If the student receives a scholarship under section 3310.03 of the
Revised Code, or received a scholarship for the first time under
section 3310.032 of the Revised Code prior to
the
effective date of this amendment
October
3, 2023,
and
the student's parent does not elect to receive a scholarship amount
under division (A)(10)(a)(ii)(II) of this section, $5,500, if the
student is in grades kindergarten through eight, or $7,500, if the
student is in grades nine through twelve.

(II)
If the student receives a scholarship for the first time under
section 3310.032 of the Revised Code on and after

the
effective date of this amendment

October
3, 2023
,
or if a student who received a scholarship for the first time under
that section prior to that date and the student's parent elects to
receive a scholarship amount under division (A)(10)(a)(ii)(II) of
this section, an amount calculated in accordance with section 3310.08
of the Revised Code. The department shall provide an opportunity each
fiscal year for a parent to elect to receive a scholarship amount
under division (A)(10)(a)(ii)(II) of this section.

The
amounts specified in division (A)(10)(a)(ii)(I) of this section shall
increase in future fiscal years by the same percentage that the
statewide average base cost per pupil increases in future fiscal
years.

(b)
Compute the sum of the amounts calculated under division (A)(10)(a)
of this section.

(11)
If the funding unit is the pilot project scholarship unit, an amount
calculated as follows:

(a)
For each student in the funding unit's enrolled ADM, determine the
lesser of the following:

(i)
The net tuition charges of the student's alternative school;

(ii)
$5,500, if the student is in grades kindergarten through eight, or
$7,500, if the student is in grades nine through twelve.

The
amounts specified in division (A)(11)(a)(ii) of this section shall
increase in future fiscal years by the same percentage that the
statewide average base cost per pupil increases in future fiscal
years.

For
purposes of division (A)(11)(a) of this section, the net tuition and
fees charged to a student shall be the tuition amount specified by
the alternative school minus all other financial aid, discounts, and
adjustments received for the student. In cases where discounts are
offered for multiple students from the same family, and not all
students in the same family are scholarship recipients, the net
tuition amount attributable to the scholarship recipient shall be the
lowest net tuition to which the family is entitled.

The
department shall provide for an increase in the amount determined for
any student who is an LRE student with a disability and shall further
increase such amount in the case of any separately educated student
with a disability, as that term is defined in section 3313.974 of the
Revised Code. Such increases shall take into account the instruction,
related services, and transportation costs of educating such
students.

(b)
Compute the sum of the amounts calculated under division (A)(17)(a)
of this section.

(12)
If the funding unit is the autism scholarship unit, an amount
calculated as follows:

(a)
For each student in the funding unit's enrolled ADM, determine the
lesser of the following:

(i)
The tuition charged for the student's special education program, as
that term is defined in section 3310.41 of the Revised Code;

(ii)

$32,445
$34,000
.

(b)
Compute the sum of the amounts calculated under division (A)(12)(a)
of this section.

(13)
If the funding unit is the Jon Peterson special needs scholarship
unit, an amount calculated as follows:

(a)
For each student in the funding unit's enrolled ADM, determine the
least of the following:

(i)
The amount of fees charged for that school year by the student's
alternative public provider or registered private provider, as those
terms are defined in section 3310.51 of the Revised Code;

(ii)
$7,190 plus an amount determined as follows:

(I)
If the student is receiving special education services for a
disability specified in division (A) of section 3317.013 of the
Revised Code,
$1,751,
for fiscal year 2024, and $2,395 for fiscal year 2025
$2,855
;

(II)
If the student is receiving special education services for a
disability specified in division (B) of section 3317.013 of the
Revised Code,
$4,442,
for fiscal year 2024, and $5,280 for fiscal year 2025
$5,879
;

(III)
If the student is receiving special education services for a
disability specified in division (C) of section 3317.013 of the
Revised Code,
$10,673,
for fiscal year 2024, and $11,960 for fiscal year 2025
$12,879
;

(IV)
If the student is receiving special education services for a
disability specified in division (D) of section 3317.013 of the
Revised Code,
$14,243,
for fiscal year 2024, and $15,787 for fiscal year 2025
$16,890
;

(V)
If the student is receiving special education services for a
disability specified in division (E) of section 3317.013 of the
Revised Code,
$19,290,
for fiscal year 2024, and $21,197 for fiscal year 2025
$22,560
;

(VI)
If the student is receiving special education services for a
disability specified in division (F) of section 3317.013 of the
Revised Code,
$28,438,
for fiscal year 2024, and $30,469 for fiscal year 2025
$31,932
.

(iii)

$30,000,
for fiscal year 2024, and $32,445 for fiscal year 2025
$34,000
.

The
amount specified in division (A)(13)(a)(ii) of this section shall
increase in future fiscal years by the same percentage that the
statewide average base cost per pupil increases in future fiscal
years.

The
amounts specified in divisions (A)(13)(a)(ii)(I) to (VI) of this
section shall increase in future fiscal years by the same percentage
that the amounts calculated by the general assembly for those
categories of special education services under division (A)(3) of
this section increase in future fiscal years.

(b)
Compute the sum of the amounts calculated under division (A)(13)(a)
of this section.

(14)
If the funding unit is the community and STEM school unit, an equity
supplement calculated as follows:

$500
in fiscal year 2026 and $400 in fiscal year 2027 X each student in
the funding unit's enrolled ADM who is enrolled in a community school
that is not an internet- or computer-based community school.

(15)
If the funding unit is the nonchartered educational savings account
unit, an amount calculated as follows:

(a)
For each student in the funding unit's enrolled ADM, an amount
calculated under section 3310.26 of the Revised Code;

(b)
Compute the sum of the amounts calculated under division (A)(15)(a)
of this section.

(B)
In any fiscal year, a funding unit that is a city, local, or exempted
village school district shall spend for purposes that the department
designates as approved for special education and related services
expenses at least the amount calculated as follows:

(The
base cost per pupil calculated for the district for that fiscal year
X the total special education ADM) + (the district's category one
special education ADM X the multiple specified in division (A) of
section 3317.013 of the Revised Code X the statewide average base
cost per pupil) + (the district's category two special education ADM
X the multiple specified in division (B) of section 3317.013 of the
Revised Code X the statewide average base cost per pupil) + (the
district's category three special education ADM X the multiple
specified in division (C) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil) + (the district's category
four special education ADM X the multiple specified in division (D)
of section 3317.013 of the Revised Code X the statewide average base
cost per pupil) + (the district's category five special education ADM
X the multiple specified in division (E) of section 3317.013 of the
Revised Code X the statewide average base cost per pupil) + (the
district's category six special education ADM X the multiple
specified in division (F) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil)

The
purposes approved by the department for special education expenses
shall include, but shall not be limited to, identification of
children with disabilities, compliance with state rules governing the
education of children with disabilities and prescribing the continuum
of program options for children with disabilities, provision of
speech language pathology services, and the portion of the school
district's overall administrative and overhead costs that are
attributable to the district's special education student population.

(C)
A funding unit that is a city, local, or exempted village school
district shall spend the funds it receives under division (A)(4) of
this section in accordance with section 3317.25 of the Revised Code.

(D)(1)
Except as provided in division (B) of section 3317.026 of the Revised
Code, the department shall distribute to each community school
established under Chapter 3314. of the Revised Code and to each STEM
school established under Chapter 3326. of the Revised Code, from the
funds paid to the community and STEM school unit under this section,
an amount for each student enrolled in the school equal to the sum of
the following:

(a)
The school's base cost per pupil for that fiscal year, calculated as
follows:

(i)
For fiscal years
2024

2026

and

2025
2027
:

The
aggregate base cost calculated for the school for that fiscal year
under section 3317.0110 of the Revised Code
/

the number of students enrolled in the school for that fiscal year

(ii)
For fiscal year
2026

2028

and
each fiscal year thereafter, an amount determined by the general
assembly under division (A)(1)(b)(ii) of this section divided by the
number of students enrolled in the school for that fiscal year.

(b)
If the student is a special education student:

(i)
For fiscal years
2024

2026

and

2025
2027
,
the multiple specified for the student's special education category
under section 3317.013 of the Revised Code times the statewide
average base cost per pupil;

(ii)
For fiscal year
2026

2028

and
each fiscal year thereafter, the amount calculated for the student's
special education category in a manner determined by the general
assembly under division (A)(3)(b) of this section.

(c)
If the school is not an internet- or computer-based community school
and the student is economically disadvantaged:

(i)
For fiscal years
2024

2026

and

2025
2027
,
the amount calculated for the student under division (A)(4)(b)(i)(I)
of this section;

(ii)
For fiscal year
2026

2028

and
each fiscal year thereafter, an amount calculated for the student in
the manner determined by the general assembly under division
(A)(4)(b)(ii)(I) of this section.

(d)
If the student is an English learner:

(i)
For fiscal years
2024

2026

and

2025
2027
,
the multiple specified for the student's English learner category
under section 3317.016 of the Revised Code times the statewide
average base cost per pupil;

(ii)
For fiscal year
2026

2028

and
each fiscal year thereafter, the amount calculated for the student's
special education category in a manner determined by the general
assembly under division (A)(5)(b) of this section.

(e)
If the student is a career-technical education student:

(i)
For fiscal years
2024

2026

and

2025
2027
,
the multiple specified for the student's career-technical education
category under section 3317.014 of the Revised Code times the
statewide average career-technical base cost per pupil;

(ii)
For fiscal year
2026

2028

and
each fiscal year thereafter, the amount calculated for the student's
career-technical education category in a manner determined by the
general assembly under section 3317.014 of the Revised Code.

(f)
If the student is a career-technical education student:

(i)
For fiscal years
2024

2026

and

2025
2027
,
the multiple for career-technical associated services specified under
section 3317.014 of the Revised Code times the statewide average
career-technical base cost per pupil;

(ii)
For fiscal year
2026

2028

and
each fiscal year thereafter, the amount calculated for
career-technical associated services in a manner determined by the
general assembly under section 3317.014 of the Revised Code.

(g)
If the school is a community school that is not an internet- or
computer-based community school, an equity supplement equal to $500
for fiscal year 2026 and $400 for fiscal year 2027 for each student
enrolled in the school.

(2)
The department shall distribute to each community school established
under Chapter 3314. of the Revised Code and to each STEM school
established under Chapter 3326. of the Revised Code, from the funds
paid to the community and STEM school unit under this section, an
amount equal to the amount calculated for the school under division
(A)(9) of this section.

(E)
The department shall distribute to the parent of each student for
whom an educational choice scholarship is awarded under section
3310.03 or 3310.032 of the Revised Code, or to the student if at
least eighteen years of age, from the funds paid to the educational
choice scholarship unit under this section, a scholarship equal to
the amount calculated for the student under division (A)(10)(a) of
this section. The scholarship shall be distributed in monthly partial
payments, and the department shall proportionately reduce or
terminate the payments for any student who withdraws from a chartered
nonpublic school prior to the end of the school year.

For
purposes of divisions (E) and (F) of this section, in the case of a
student who is not living with the student's parent, the department
shall distribute the scholarship payments to the student's guardian,
legal custodian, kinship caregiver, foster caregiver, or caretaker.
For the purposes of this division, "caretaker" has the same
meaning as in section 3310.033 of the Revised Code, "kinship
caregiver" has the same meaning as in section
5101.85

5180.50

of
the Revised Code, and "foster caregiver" has the same
meaning as in section 5103.02 of the Revised Code.

(F)
If a student is awarded a pilot project scholarship under sections
3313.974 to 3313.979 of the Revised Code, the department shall
distribute to the parent of the student, if the student is attending
a registered private school as defined in section 3313.974 of the
Revised Code, or the student's school district of attendance, if the
scholarship is to be used for payments to a public school in a school
district adjacent to the pilot project school district pursuant to
section 3327.06 of the Revised Code, a scholarship from the funds
paid to the pilot project scholarship unit under this section that is
equal to the amount calculated for the student under division
(A)(11)(a) of this section.

In
the case of a scholarship distributed to a student's parent, the
scholarship shall be distributed in monthly partial payments. The
scholarship amount shall be proportionately reduced in the case of
any such student who is not enrolled in a registered private school,
as that term is defined in section 3313.974 of the Revised Code, for
the entire school year.

In
the case of a scholarship distributed to a student's school district
of attendance, the department shall, on behalf of the student's
parents, use the scholarship to make the tuition payments required by
section 3327.06 of the Revised Code to the student's school district
of attendance, except that, notwithstanding sections 3323.13,
3323.14, and 3327.06 of the Revised Code, the total payments in any
school year shall not exceed the scholarship amount calculated for
the student under division (A)(11)(a) of this section.

(G)
The department shall distribute to the parent of each student for
whom an autism scholarship is awarded under section 3310.41 of the
Revised Code, from the funds paid to the autism scholarship unit
under this section, a scholarship equal to the amount calculated for
the student under division (A)(12)(a) of this section. The
scholarship shall be distributed from time to time in partial
payments. The scholarship amount shall be proportionately reduced in
the case of any student who is not enrolled in the special education
program for which a scholarship was awarded under section 3310.41 of
the Revised Code for the entire school year. The department shall
make no payments to the parent of a student while any administrative
or judicial mediation or proceedings with respect to the content of
the student's individualized education program are pending.

(H)
The department shall distribute to the parent of each student for
whom a Jon Peterson special needs scholarship is awarded under
sections 3310.51 to 3310.64 of the Revised Code, from the funds paid
to the Jon Peterson special needs scholarship unit under this
section, a scholarship equal to the amount calculated for the student
under division (A)(13)(a) of this section. The scholarship shall be
distributed in periodic payments, and the department shall
proportionately reduce or terminate the payments for any student who
is not enrolled in the special education program of an alternative
public provider or a registered private provider, as those terms are
defined in section 3310.51 of the Revised Code, for the entire school
year.

(I)
For fiscal years
2024

2026

and

2025
2027
,
a school district shall spend the funds it receives under division
(A)(5) of this section only for services for English learners.

(J)
For
fiscal
year 2024 and
each
fiscal year

thereafter
,
a school district shall spend the funds it receives under division
(A)(6) of this section only for the identification of gifted
students, gifted coordinator services,
and

gifted
intervention specialist services
,
and gifted professional development
.
For
fiscal
year 2024 and
each
fiscal year

thereafter
,
if the department determines that a district is not in compliance
with this division, it shall reduce the district's payments for that
fiscal year under this chapter by an amount equal to the amount paid
to the district for that fiscal year under division (A)(6) of this
section that was not spent in accordance with this division. The
department shall reduce the payment within ninety days of data
finalization.

(K)
The department shall transfer to each educational savings account
established for a student by the treasurer of state under sections
3310.21 to 3310.26 of the Revised Code, from the funds paid to the
nonchartered educational savings account unit under this section, an
amount of funds equal to the amount calculated for the student under
division (A)(15)(a) of this section. The department shall distribute
those funds in one annual payment. To the extent practicable, the
department shall make that payment for which an account is
established prior to the school year for which it is sought before
the first day of that school year.

Sec.
3317.024.
The
following shall be distributed monthly, quarterly, or annually as may
be determined by the department of education and workforce:

(A)
An amount for each island school district and each joint state school
district for the operation of each high school and each elementary
school maintained within such district and for capital improvements
for such schools. Such amounts shall be determined on the basis of
standards adopted by the department. However, for fiscal years 2012
and 2013, an island district shall receive the lesser of its actual
cost of operation, as certified to the department, or ninety-three
per cent of the amount the district received in state operating
funding for fiscal year 2011. If an island district received no
funding for fiscal year 2011, it shall receive no funding for either
of fiscal year 2012 or 2013.

(B)
An amount for each school district required to pay tuition for a
child in an institution maintained by the department of youth
services pursuant to section 3317.082 of the Revised Code, provided
the child was not included in the calculation of the district's
formula ADM, as that term is defined in section 3317.02 of the
Revised Code, for the preceding school year.

(C)(1)
An amount for the approved cost of transporting eligible pupils with
disabilities attending a special education program approved by the
department of education and workforce whom it is impossible or
impractical to transport by regular school bus in the course of
regular route transportation provided by the school district or
educational service center. For fiscal years
2024

2026

and

2025
2027
,
this amount shall be equal to the actual costs incurred in the prior
fiscal year by the district or service center when transporting those
students, as reported to the department, multiplied by one of the
following:

(a)
For a district, the percentage determined for the district for that
fiscal year under divisions (E)(1)(c)(i) and (ii) of section
3317.0212 of the Revised Code;

(b)
For a service center,
thirty-seven

forty-five

and

one-half

eighty-three
hundredths
per
cent for fiscal year
2024

2026

and

forty-one
and two-thirds
fifty

per
cent for fiscal year
2025
2027
.

(2)
No district or service center is eligible to receive a payment under
division (C) of this section for the cost of transporting any pupil
whom it transports by regular school bus and who is included in the
district's transportation ADM.

(3)
For fiscal years
2024

2026

and

2025
2027
,
both of the following apply:

(a)
The department of education and workforce shall also establish the
deadline for each district and service center to report its actual
costs for transporting students described in division (C)(1) of this
section.

(b)
The costs reported by each district and service center under division
(C) of this section shall be subject to periodic, random audits by
the department of education and workforce.

(D)
An amount to each school district, including each cooperative
education school district, pursuant to section 3313.81 of the Revised
Code to assist in providing free lunches to needy children. The
amounts shall be determined on the basis of rules adopted by the
department of education and workforce.

(E)(1)
An amount for auxiliary services to each school district, for each
pupil attending a chartered nonpublic elementary or high school
within the district that has not elected to receive funds under
division (E)(2) of this section.

(2)(a)
An amount for auxiliary services paid directly to each chartered
nonpublic school that has elected to receive funds under division
(E)(2) of this section for each pupil attending the school. To elect
to receive funds under division (E)(2) of this section, a school, by
the first day of April of each odd-numbered year, shall notify the
department of education and workforce and the school district in
which the school is located of the election and shall submit to the
department an affidavit certifying that the school shall expend the
funds in the manner outlined in section 3317.062 of the Revised Code.
The election shall take effect the following first day of July. The
school subsequently may rescind its election, but it may do so only
in an odd-numbered year by notifying the department and the school
district in which the school is located of the rescission not later
than the first day of April of that year. Beginning the following
first day of July after the rescission, the school shall receive
funds under division (E)(1) of this section.

(b)
Not later later than ten days after the notification of approval and
issuance of a charter to a nonpublic school, that school may elect to
receive funds under division (E)(2) of this section. If no election
is made, the chartered nonpublic school shall receive funds under
division (E)(1) of this section. The school may subsequently change
its election in accordance with division (E)(2)(a) of this section.

(c)
A chartered nonpublic school that elects to receive auxiliary
services funds under division (E)(2) of this section may designate an
organization that oversees one or more nonpublic schools to receive
those funds on its behalf.

(i)
Each chartered nonpublic school that designates an organization to
receive auxiliary services funds on its behalf shall notify the
department of education and workforce of the organization's name not
later than the first day of April of each odd-numbered year.

(ii)
A school may rescind its decision, but may do so only in each
odd-numbered year by notifying the department of that rescission not
later than the first day of April of that year. A rescission
submitted in compliance with this division takes effect on the
following first day of July, and the school district may elect to
then begin receiving auxiliary services funds directly or as
specified under division (E)(1) of this section.

(iii)
An organization shall disburse the auxiliary services funds of all
chartered nonpublic schools that have designated the organization to
receive funds on their behalf in accordance with division (E)(2)(c)
of this section. If multiple chartered nonpublic schools designate
the same organization to receive auxiliary services funds on their
behalf, that organization may use one or more accounts for the
purposes of managing the funds. The organization shall maintain
appropriate accounting and reporting standards and ensure that each
chartered nonpublic school receives the auxiliary services funds to
which the school is entitled.

(iv)
Each chartered nonpublic school that elects to receive funds directly
in accordance with division (E)(2) of this section or the
organization designated to receive and disburse auxiliary services
funds on behalf of a chartered nonpublic school shall maintain
records of receipt and expenditures of the funds in a manner that
conforms with generally accepted accounting principles.

(v)
The department of education and workforce shall create and
disseminate a standardized reporting form that chartered nonpublic
schools and organizations designated to receive funds in accordance
with division (E)(2)(c) of this section may use to comply with
division (E)(2)(c)(iv) of this section. However, the department shall
not require schools to use that form.

(vi)
An organization that manages a school's auxiliary services funds
pursuant to a designation made in accordance with division (E)(2)(c)
of this section may require the school's governing authority to pay a
fee for that service that does not exceed four per cent of the total
amount of payments for auxiliary services that the school receives
from the state. A school may pay any fee assessed pursuant to
division (E)(2)(c)(vi) of this section using auxiliary services
funds.

(d)
The amount paid under divisions (E)(1) and (2) of this section shall
equal the total amount appropriated for the implementation of
sections 3317.06 and 3317.062 of the Revised Code divided by the
average daily membership in grades kindergarten through twelve in
chartered nonpublic elementary and high schools within the state as
determined as of the last day of October of each school year.

(F)
An amount for each county board of developmental disabilities for the
approved cost of transportation required for children attending
special education programs operated by the county board under section
3323.09 of the Revised Code. For fiscal years
2024

2026

and

2025
2027
,
this amount shall be equal to the actual costs incurred in the prior
fiscal year by the county board when transporting those students
multiplied by
thirty-seven

forty-five

and

one-half

eighty-three
hundredths
per
cent for fiscal year
2024

2026

and

forty-one
and two-thirds
fifty

per
cent for fiscal year
2025
2027
.

(G)
An amount to each institution defined under section 3317.082 of the
Revised Code providing elementary or secondary education to children
other than children receiving special education under section
3323.091 of the Revised Code. This amount for any institution in any
fiscal year shall equal the total of all tuition amounts required to
be paid to the institution under division (A)(1) of section 3317.082
of the Revised Code.

The
department of education and workforce or any board of education or
governing board may provide for any resident of a district or
educational service center territory any educational service for
which funds are made available to the board by the United States
under the authority of public law, whether such funds come directly
or indirectly from the United States or any agency or department
thereof or through the state or any agency, department, or political
subdivision thereof.

Sec.
3317.026.
This
section shall apply only for fiscal years
2024

2026

and

2025
2027
.

(A)
For each fiscal year, the department of education and workforce shall
calculate an amount for the community and STEM school unit as
follows:

(1)
For each community school and STEM school, determine the sum of the
following:

(a)
The aggregate base cost calculated for the school for that fiscal
year under section 3317.0110 of the Revised Code;

(b)
The sum of the following:

(i)
The school's category one special education ADM X the multiple
specified in division (A) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year;

(ii)
The school's category two special education ADM X the multiple
specified in division (B) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year;

(iii)
The school's category three special education ADM X the multiple
specified in division (C) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year;

(iv)
The school's category four special education ADM X the multiple
specified in division (D) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year;

(v)
The school's category five special education ADM X the multiple
specified in division (E) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year;

(vi)
The school's category six special education ADM X the multiple
specified in division (F) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year.

(c)
If the school is not an internet- or computer-based community school,
an amount of disadvantaged pupil impact aid equal to the following:

$422
X the school's economically disadvantaged index X the number of
students in the school's enrolled ADM who are economically
disadvantaged

(d)
The sum of the following:

(i)
The school's category one English learner ADM X the multiple
specified in division (A) of section 3317.016 of the Revised Code X
the statewide average base cost per pupil for that fiscal year;

(ii)
The school's category two English learner ADM X the multiple
specified in division (B) of section 3317.016 of the Revised Code X
the statewide average base cost per pupil for that fiscal year;

(iii)
The school's category three English learner ADM X the multiple
specified in division (C) of section 3317.016 of the Revised Code X
the statewide average base cost per pupil for that fiscal year.

(e)
The sum of the following:

(i)
The school's category one career-technical education ADM X the
multiple specified under division (A)(1) of section 3317.014 of the
Revised Code X the statewide average career-technical base cost per
pupil for that fiscal year;

(ii)
The school's category two career-technical education ADM X the
multiple specified under division (A)(2) of section 3317.014 of the
Revised Code X the statewide average career-technical base cost per
pupil for that fiscal year;

(iii)
The school's category three career-technical education ADM X the
multiple specified under division (A)(3) of section 3317.014 of the
Revised Code X the statewide average career-technical base cost per
pupil for that fiscal year;

(iv)
The school's category four career-technical education ADM X the
multiple specified under division (A)(4) of section 3317.014 of the
Revised Code X the statewide average career-technical base cost per
pupil for that fiscal year;

(v)
The school's category five career-technical education ADM X the
multiple specified under division (A)(5) of section 3317.014 of the
Revised Code X the statewide average career-technical base cost per
pupil for that fiscal year.

(f)
An amount equal to the following:

The
multiple for career-technical associated services specified under
division (B) of section 3317.014 of the Revised Code X the statewide
average career-technical base cost per pupil for that fiscal year X
the sum of the school's categories one through five career-technical
education ADM

(g)
If the school is a community school, an amount equal to the
following:

The
number of students reported by the community school under division
(B)(5) of section 3314.08 of the Revised Code X (the aggregate base
cost calculated for the school for that fiscal year under section
3317.0110 of the Revised Code
/

the school's enrolled ADM) X 0.20

(h)
If the school is a community school that is not an internet- or
computer-based community school, an equity supplement calculated as
follows:

The
number of students in the school's enrolled ADM X $500 for fiscal
year 2026 and $400 for fiscal year 2027

(2)
For each community and STEM school, determine the lesser of the
following:

(a)
The following sum:

The
school's funding base + {[(the sum calculated for the school under
division (A) of this section) - the school's funding base] X the
school's general phase-in percentage for that fiscal year}

(b)
The sum of the amounts calculated for the school for that fiscal year
under division (A) of this section.

(3)
Compute the sum of the amounts determined under division (B) of this
section to determine the amount calculated for the community and STEM
school unit.

(B)
Notwithstanding division (D) of section 3317.022 of the Revised Code,
for each fiscal year, the department shall distribute to each
community school and each STEM school, from the funds paid to the
community and STEM school unit under section 3317.022 of the Revised
Code, an amount equal to the amount determined for that school under
division (A)(2) of this section.

Sec.
3317.0212.
(A)
As used in this section:

(1)
For fiscal years
2024

2026

and

2025
2027
,
"assigned bus" means a school bus used to transport
qualifying riders.

(2)
For fiscal years
2024

2026

and

2025
2027
,
"density" means the total riders per square mile of a
school district.

(3)
For fiscal years
2024

2026

and

2025
2027
,
"nontraditional ridership" means the average number of
qualifying riders who are enrolled in a community school established
under Chapter 3314. of the Revised Code, in a STEM school established
under Chapter 3326. of the Revised Code, or in a nonpublic school and
are provided school bus service by a school district during the first
full week of October.

(4)
"Qualifying riders" means the following:

(a)
For fiscal years
2024

2026

and

2025
2027
,
resident students enrolled in preschool and regular education in
grades kindergarten to twelve who are provided school bus service by
a school district, including students with dual enrollment in a joint
vocational school district or a cooperative education school
district, and students enrolled in a community school, STEM school,
or nonpublic school;

(b)
For fiscal year
2026

2028

and
each fiscal year thereafter, students specified by the general
assembly.

(5)
"Qualifying ridership" means the following:

(a)
For fiscal years
2024

2026

and

2025
2027
,
the greater of the average number of qualifying riders counted in the
morning or counted in the afternoon who are provided school bus
service by a school district during the first full week of October;

(b)
For fiscal year
2026

2028

and
each fiscal year thereafter, a ridership determined in a manner
specified by the general assembly.

(6)
"Rider density" means the following:

(a)
For fiscal years
2024

2026

and

2025
2027
,
the following quotient:

A
school district's total number of qualifying riders/ the number of
square miles in the district

(b)
For fiscal year
2026

2028

and
each fiscal year thereafter, a number calculated in a manner
determined by the general assembly.

(7)
For fiscal years
2024

2026

and

2025
2027
,
"riders" means students enrolled in regular and special
education in grades kindergarten through twelve who are provided
school bus service by a school district, including students with dual
enrollment in a joint vocational school district or a cooperative
education school district, and students enrolled in a community
school, STEM school, or nonpublic school.

(8)
"School bus service" means a school district's
transportation of qualifying riders in any of the following types of
vehicles:

(a)
School buses owned or leased by the district;

(b)
School buses operated by a private contractor hired by the district;

(c)
School buses operated by another school district or entity with which
the district has contracted, either as part of a consortium for the
provision of transportation or otherwise.

(B)
Not later than the first day of November, for fiscal years
2024

2026

and

2025
2027
,
or a date determined by the general assembly, for fiscal year
2026

2028

and
each fiscal year thereafter, of each year, each city, local, and
exempted village school district shall report to the department of
education and workforce its qualifying ridership and any other
information requested by the department. Subsequent adjustments to
the reported numbers shall be made only in accordance with rules
adopted by the department.

(C)
The department shall calculate the statewide transportation cost per
student as follows:

(1)
Determine each city, local, and exempted village school district's
transportation cost per student by dividing the district's total
costs for school bus service in the previous fiscal year by its
qualifying ridership in the previous fiscal year.

(2)
After excluding districts that do not provide school bus service and
the ten districts with the highest transportation costs per student
and the ten districts with the lowest transportation costs per
student, divide the aggregate cost for school bus service for the
remaining districts in the previous fiscal year by the aggregate
qualifying ridership of those districts in the previous fiscal year.

(D)
The department shall calculate the statewide transportation cost per
mile as follows:

(1)
Determine each city, local, and exempted village school district's
transportation cost per mile by dividing the district's total costs
for school bus service in the previous fiscal year by its total
number of miles driven for school bus service in the previous fiscal
year.

(2)
After excluding districts that do not provide school bus service and
the ten districts with the highest transportation costs per mile and
the ten districts with the lowest transportation costs per mile,
divide the aggregate cost for school bus service for the remaining
districts in the previous fiscal year by the aggregate miles driven
for school bus service in those districts in the previous fiscal
year.

(E)
The department shall calculate each city, local, and exempted village
school district's transportation base payment as follows:

(1)
For fiscal years
2024

2026

and

2025
2027
:

(a)
Calculate the sum of the following:

(i)
The product of the statewide transportation cost per student and the
number of students counted in the district's qualifying ridership for
the current fiscal year who are enrolled in the district;

(ii)
1.5 times the statewide transportation cost per student times the
number of students counted in the district's qualifying ridership for
the current fiscal year who are enrolled in community schools
established under Chapter 3314. of the Revised Code or STEM schools
established under Chapter 3326. of the Revised Code;

(iii)
2.0 times the statewide transportation cost per student times the
number of students counted in the district's qualifying ridership for
the current fiscal year who are enrolled in nonpublic schools.

(b)
Calculate the sum of the following:

(i)
The product of the statewide transportation cost per mile and the
number of miles driven for school bus service as reported for
qualifying riders for the current fiscal year who are enrolled in the
district;

(ii)
1.5 times the statewide transportation cost per mile times the number
of miles driven for school bus service as reported for qualifying
riders for the current fiscal year who are enrolled in community
schools or STEM schools;

(iii)
2.0 times the statewide transportation cost per mile times the number
of miles driven for school bus service as reported for qualifying
riders for the current fiscal year who are enrolled in nonpublic
schools.

(c)
Multiply the greater of the amounts calculated under divisions
(E)(1)(a) and (b) of this section by the following:

(i)
For fiscal year
2024
2026
,
the greater of
thirty-seven

forty-five

and

one-half

eighty-three
hundredths
per
cent or the district's state share percentage, as defined in section
3317.02 of the Revised Code;

(ii)
For fiscal year
2025
2027
,
the greater of
forty-one
and two-thirds
fifty

per
cent or the district's state share percentage.

(2)
For fiscal year
2026

2028

and
each fiscal year thereafter, an amount determined by the general
assembly.

(F)
For fiscal years
2024

2026

and

2025
2027
,
the department shall pay a district's efficiency adjustment payment
in accordance with divisions (F)(1) to (3) of this section. For
fiscal year
2026

2028

and
each fiscal year thereafter, the department shall pay a district's
efficiency adjustment payment in a manner determined by the general
assembly, if the general assembly authorizes such a payment to
districts.

(1)
The department annually shall establish a target number of qualifying
riders per assigned bus for each city, local, and exempted village
school district. The department shall use the
most
recently available
data

from
the previous fiscal year
in
establishing the target number. The target number shall be based on
the statewide median number of riders per assigned bus as adjusted to
reflect the district's density in comparison to the density of all
other districts. The department shall post on the department's web
site each district's target number of riders per assigned bus and a
description of how the target number was determined.

(2)
The department shall determine each school district's efficiency
index by dividing the district's number of riders per assigned bus by
its target number of riders per assigned bus.

(3)
The department shall determine each city, local, and exempted village
school district's efficiency adjustment payment as follows:

(a)
If the district's efficiency index is equal to or greater than 1.5,
the efficiency adjustment payment shall be calculated according to
the following formula:

0.15
X the district's transportation base payment calculated under
division (E) of this section

(b)
If the district's efficiency index is less than 1.5 but greater than
or equal to 1.0, the efficiency adjustment payment shall be
calculated according to the following formula:

{[(The
district's efficiency index - 1) X 0.15]/0.5} X the district's
transportation base payment calculated under division (E) of this
section

(c)
If the district's efficiency index is less than 1.0, the efficiency
adjustment payment shall be zero.

(G)
In addition to funds paid under divisions (E), (F), and (H) of this
section, each city, local, and exempted village district shall
receive in accordance with rules adopted by the department a payment
for students transported by means other than school bus service and
whose transportation is not funded under division (C) of section
3317.024 of the Revised Code. The rules shall include provisions for
school district reporting of such students.

(H)(1)
For purposes of division (H) of this section, a school district's
"transportation supplement percentage" means the following:

(a)
For fiscal years
2024

2026

and

2025
2027
,
the following quotient:

(28
– the district's rider density)
/

100

If
the result of the calculation for a district under division (H)(1)(a)
of this section is less than zero, the district's transportation
supplement percentage shall be zero.

(b)
For fiscal year
2026

2028

and
each fiscal year thereafter, a percentage calculated in a manner
determined by the general assembly.

(2)
The department shall pay each district a transportation supplement
calculated according to the following formula:

The
district's transportation supplement percentage X the amount
calculated for the district under division (E)(1)(b) of this section
X 0.55

(I)(1)
If a school district board and a community school governing authority
elect to enter into an agreement under division (A) of section
3314.091 of the Revised Code, the department shall make payments to
the community school according to the terms of the agreement for each
student actually transported under division (C)(1) of that section.
If a community school governing authority accepts transportation
responsibility under division (B) of that section, the department
shall make payments to the community school for each student actually
transported or for whom transportation is arranged by the community
school under division (C)(1) of that section, calculated as follows:

(a)
For any fiscal year which the general assembly has specified that
transportation payments to school districts be based on an
across-the-board percentage of the district's payment for the
previous school year, the per pupil payment to the community school
shall be the following quotient:

(i)
The total amount calculated for the school district in which the
child is entitled to attend school for student transportation other
than transportation of children with disabilities; divided by

(ii)
The number of students included in the district's transportation ADM
for the current fiscal year, as calculated under section 3317.03 of
the Revised Code, plus the number of students enrolled in the
community school not counted in the district's transportation ADM who
are transported under division (B)(1) or (2) of section 3314.091 of
the Revised Code.

(b)
For any fiscal year which the general assembly has specified that the
transportation payments to school districts be calculated in
accordance with this section and any rules of the department
implementing this section, the payment to the community school shall
be the following:

(i)
For fiscal years
2024

2026

and

2025
2027
,
either of the following:

(I)
If the school district in which the student is entitled to attend
school would have used a method of transportation for the student for
which payments are computed and paid under division (E) of this
section, 1.0 times the statewide transportation cost per student, as
calculated in division (C) of this section;

(II)
If the school district in which the student is entitled to attend
school would have used a method of transportation for the student for
which payments are computed and paid in a manner described in
division (G) of this section, the amount that would otherwise be
computed for and paid to the district.

(ii)
For fiscal year
2026

2028

and
each fiscal year thereafter, an amount calculated in a manner
determined by the general assembly.

The
community school, however, is not required to use the same method to
transport the student.

As
used in this division, "entitled to attend school" means
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code.

(2)
A community school shall be paid under division (I)(2) of this
section only for students who are eligible as specified in section
3327.01 of the Revised Code and division (C)(1) of section 3314.091
of the Revised Code, and whose transportation to and from school is
actually provided, who actually utilized transportation arranged, or
for whom a payment in lieu of transportation is made by the community
school's governing authority. To qualify for the payments, the
community school shall report to the department, in the form and
manner required by the department, data on the number of students
transported or whose transportation is arranged, the number of miles
traveled, cost to transport, and any other information requested by
the department.

Sec.
3317.0213.
(A)
The department of education and workforce shall compute and pay in
accordance with this section additional state aid for preschool
children with disabilities to each city, local, and exempted village
school district and to each institution, as defined in section
3323.091 of the Revised Code. Funding shall be provided for children
who are not enrolled in kindergarten and who are under age six on the
thirtieth day of September of the academic year, or on the first day
of August of the academic year if the school district in which the
child is enrolled has adopted a resolution under division (A)(3) of
section 3321.01 of the Revised Code, but not less than age three on
the first day of December of the academic year.

For
fiscal years
2024

2026

and

2025
2027
,
the additional state aid shall be calculated under the following
formula:

($4,000
X the number of students who are preschool children with
disabilities) + the sum of the following:

(1)
The district's or institution's category one special education
students who are preschool children with disabilities X the multiple
specified in division (A) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X the
district's state share percentage X 0.50;

(2)
The district's or institution's category two special education
students who are preschool children with disabilities X the multiple
specified in division (B) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X the
district's state share percentage X 0.50;

(3)
The district's or institution's category three special education
students who are preschool children with disabilities X the multiple
specified in division (C) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X the
district's state share percentage X 0.50;

(4)
The district's or institution's category four special education
students who are preschool children with disabilities X the multiple
specified in division (D) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X the
district's state share percentage X 0.50;

(5)
The district's or institution's category five special education
students who are preschool children with disabilities X the multiple
specified in division (E) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X the
district's state share percentage X 0.50;

(6)
The district's or institution's category six special education
students who are preschool children with disabilities X the multiple
specified in division (F) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X the
district's state share percentage X 0.50.

For
fiscal year
2026

2028

and
each fiscal year thereafter, the additional state aid shall be
calculated for each category of special education students who are
preschool children with disabilities using a formula specified by the
general assembly.

The
special education disability categories for preschool children used
in this section are the same categories prescribed in section
3317.013 of the Revised Code.

As
used in division (A) of this section, the state share percentage of a
student enrolled in an institution is the state share percentage of
the school district in which the student is entitled to attend school
under section 3313.64 or 3313.65 of the Revised Code.

(B)
If an educational service center is providing services to students
who are preschool children with disabilities under agreement with the
city, local, or exempted village school district in which the
students are entitled to attend school, that district may authorize
the department to transfer funds computed under this section to the
service center providing those services.

(C)
If a county DD board is providing services to students who are
preschool children with disabilities under agreement with the city,
local, or exempted village school district in which the students are
entitled to attend school, the department shall deduct from the
district's payment computed under division (A) of this section the
total amount of those funds that are attributable to the students
served by the county DD board and pay that amount to that board.

Sec.
3317.0215.
(A)(1)
For fiscal years
2024

2026

and

2025
2027
,
the department of education and workforce shall withhold from the
aggregate amount paid for a fiscal year to each city, local, exempted
village, and joint vocational school district
,
community school established under Chapter 3314. of the Revised Code,
and science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code
an
amount equal to the following:

(a)
In the case of a city, local, or exempted village school district,
the aggregate amount of special education funding paid to the
district under division (A)(3) of section 3317.022 of the Revised
Code times 0.10, subject to any funding limitations enacted by the
general assembly to the computation.

(b)

In
the case of a community school or STEM school, the aggregate amount
of special education funding paid to the school under division
(A)(1)(b) of section 3317.026 of the Revised Code times 0.10, subject
to any funding limitations enacted by the general assembly to the
computation.

(c)

In
the case of a joint vocational school district, the aggregate amount
of special education funding paid to the school under division (A)(2)
of section 3317.16 of the Revised Code times 0.10, subject to any
funding limitations enacted by the general assembly to the
computation.

(2)
For fiscal year
2026

2028

and
each fiscal year thereafter, the department shall withhold from the
aggregate amount paid for a fiscal year to each city, local, exempted
village, and joint vocational school district
,
community school, and science, technology, engineering, and
mathematics school
an
amount determined by the general assembly, if any, for purposes of
this section.

(B)
For fiscal years
2024

2026

and

2025
2027
,
the department shall use the amount of funds withheld under division
(A) of this section for purposes of

division
(C)(1) of section 3314.08 of the Revised Code,

section 3317.0214 of the Revised Code
,

and

division (B) of section 3317.16 of the Revised Code
,
and section 3326.34 of the Revised Code
.

For
fiscal year
2026

2028

and
each fiscal year thereafter, the department shall use the amount of
funds withheld under division (A) of this section, if any, for
purposes determined by the general assembly.

(C)(1)
For fiscal years 2026 and 2027, the department shall withhold from
the aggregate amount paid for a fiscal year to each community school
established under Chapter 3314. of the Revised Code and STEM school
established under Chapter 3326. of the Revised Code an amount equal
to the aggregate amount of special education funding paid to the
school under division (A)(1)(b) of section 3317.026 of the Revised
Code times 0.05, subject to any funding limitations enacted by the
general assembly to the computation.

(2)
For fiscal year 2028 and each fiscal year thereafter, the department
shall withhold from the aggregate amount paid for a fiscal year to
each community school and STEM school an amount determined by the
general assembly, if any, for purposes of this section.

(D)(1)
For fiscal years 2026 and 2027, the department shall use the amount
of funds withheld under division (C) of this section for purposes of
division (C)(1) of section 3314.08 of the Revised Code and section
3326.34 of the Revised Code. Any unused funds shall be redistributed
by the department, in a manner determined by the department, to
community schools and STEM schools in the same proportion that the
funds were originally contributed.

(2)
For fiscal year 2028 and each fiscal year thereafter, the department
shall use the amount of funds withheld under division (C) of this
section, if any, for purposes determined by the general assembly.

Sec.
3317.0217.
This
section shall apply only for fiscal years
2024

2026

and

2025
2027
.

Payment
of the amount calculated for a school district under this section
shall be made under division (A) of section 3317.022 of the Revised
Code.

(A)
For each fiscal year, the department of education and workforce shall
compute targeted assistance funds for city, local, and exempted
village school districts, in accordance with the following formula:

A
district's capacity amount for that fiscal year calculated under
division (B) of this section + a district's wealth amount for that
fiscal year calculated under division (C) of this section

(B)
The department shall calculate each district's capacity amount for a
fiscal year as follows:

(1)
Calculate each district's weighted wealth for that fiscal year, which
equals the following sum:

(The
amount determined for the district for that fiscal year under
division (A)(1)(a) of section 3317.017 of the Revised Code X 0.6) +
(the amount determined for the district for that fiscal year under
division (A)(2)(a) of section 3317.017 of the Revised Code X 0.4)

(2)
Determine the median weighted wealth of all school districts in this
state for that fiscal year;

(3)
Compute each district's capacity index for that fiscal year by
dividing the median weighted wealth of all school districts in this
state for that fiscal year by the district's weighted wealth for that
fiscal year;

(4)
Compute each district's capacity amount for that fiscal year as
follows:

(a)
The district's capacity amount shall be zero if the district
satisfies either of the following criteria for that fiscal year:

(i)
The district's capacity index is less than 1.

(ii)
The district's enrolled ADM is less than 200.

(b)
If the district does not satisfy either of the criteria specified in
division (B)(4)(a) of this section for that fiscal year, the
district's capacity amount for that fiscal year shall be calculated
as follows:

(i)
Compute the following amount for the district:

(The
median weighted wealth of all school districts in this state for that
fiscal year X 0.008) – (the district's weighted wealth for that
fiscal year X 0.008)

(ii)
If the district's enrolled ADM for that fiscal year is greater than
or equal to 200 but less than or equal to 400, the district's
capacity amount for that fiscal year shall be equal to 0.05 X the
amount computed under division (B)(4)(b)(i) of this section.

(iii)
If the district's enrolled ADM for that fiscal year is greater than
400 and less than 600, the district's capacity amount for that fiscal
year shall be calculated in accordance with the following formula:

{[0.95
X (the district's enrolled ADM for that fiscal year – 400)/200] +
0.05} X the amount computed under division (B)(4)(b)(i) of this
section

(iv)
If the district's enrolled ADM for that fiscal year is greater than
or equal to 600, the district's capacity amount for that fiscal year
shall be equal to the amount computed under division (B)(4)(b)(i) of
this section.

(C)
The department shall calculate each district's wealth amount for a
fiscal year as follows:

(1)
Calculate each district's weighted wealth per pupil for that fiscal
year, which equals the following quotient:

The
district's weighted wealth for that fiscal year calculated under
division (B)(1) of this section/ (the district's enrolled ADM for
that fiscal year - the students described in division (A)(1)(b) of
section 3317.03 of the Revised Code + the students described in
division (A)(2)(d) of section 3317.03 of the Revised Code)

(2)
Determine the median weighted wealth per pupil of all school
districts in this state for that fiscal year;

(3)
Compute each district's wealth index for that fiscal year by dividing
the median weighted wealth per pupil of all school districts in this
state for that fiscal year by the district's weighted wealth per
pupil for that fiscal year;

(4)
Compute each district's wealth amount for that fiscal year, as
follows:

(a)
If the district's wealth index computed under division (C)(3) of this
section for that fiscal year is less than 0.8, the district's wealth
amount for that fiscal year shall be zero.

(b)
If the district's wealth index computed under division (C)(3) of this
section for that fiscal year is greater than or equal to 0.8, the
district's wealth amount for that fiscal year shall be calculated in
accordance with the following formula:

[(The
median weighted wealth per pupil of all school districts in this
state for that fiscal year X 0.014) – (the district's weighted
wealth per pupil for that fiscal year X 0.0112)] X the district's
enrolled ADM for that fiscal year

Sec.
3317.03.
(A)
The superintendent of each city, local, and exempted village school
district shall report to the department of education and workforce as
of the last day of October, March, and June of each year the
enrollment of students receiving services from schools under the
superintendent's supervision, and the numbers of other students
entitled to attend school in the district under section 3313.64 or
3313.65 of the Revised Code the superintendent is required to report
under this section, so that the department can calculate the
district's enrolled ADM, formula ADM, total ADM, category one through
five career-technical education ADM, category one through three
English learner ADM, category one through six special education ADM,
transportation ADM, and, for purposes of provisions of law outside of
Chapter 3317. of the Revised Code, average daily membership.

(1)
The enrollment reported by the superintendent during the reporting
period shall consist of the number of students in grades kindergarten
through twelve receiving any educational services from the district,
except that the following categories of students shall not be
included in the determination:

(a)
Students enrolled in adult education classes;

(b)
Adjacent or other district students enrolled in the district under an
open enrollment policy pursuant to section 3313.98 of the Revised
Code;

(c)
Students receiving services in the district pursuant to a compact,
cooperative education agreement, or a contract, but who are entitled
to attend school in another district pursuant to section 3313.64 or
3313.65 of the Revised Code;

(d)
Students for whom tuition is payable pursuant to sections 3317.081
and 3323.141 of the Revised Code;

(e)
Students receiving services in the district through a scholarship
awarded under either section 3310.41 or sections 3310.51 to 3310.64
of the Revised Code.

When
reporting students under division (A)(1) of this section, the
superintendent also shall report the district where each student is
entitled to attend school pursuant to sections 3313.64 and 3313.65 of
the Revised Code.

(2)
The department shall compile a list of all students reported to be
enrolled in a district under division (A)(1) of this section and of
the students entitled to attend school in the district pursuant to
section 3313.64 or 3313.65 of the Revised Code on an FTE basis but
receiving educational services in grades kindergarten through twelve
from one or more of the following entities:

(a)
A community school pursuant to Chapter 3314. of the Revised Code,
including any participation in a college pursuant to Chapter 3365. of
the Revised Code while enrolled in such community school;

(b)
An alternative school pursuant to sections 3313.974 to 3313.979 of
the Revised Code;

(c)
A college pursuant to Chapter 3365. of the Revised Code, except when
the student is enrolled in the college while also enrolled in a
community school pursuant to Chapter 3314., a science, technology,
engineering, and mathematics school established under Chapter 3326.,
or a college-preparatory boarding school established under Chapter
3328. of the Revised Code;

(d)
An adjacent or other school district under an open enrollment policy
adopted pursuant to section 3313.98 of the Revised Code;

(e)
An educational service center or cooperative education district;

(f)
Another school district under a cooperative education agreement,
compact, or contract;

(g)
A chartered nonpublic school with a scholarship paid under section
3317.022 of the Revised Code, if the students qualified for the
scholarship under section 3310.03 or 3310.032 of the Revised Code;

(h)
An alternative public provider or a registered private provider with
a scholarship awarded under either section 3310.41 or sections
3310.51 to 3310.64 of the Revised Code.

As
used in this section, "alternative public provider" and
"registered private provider" have the same meanings as in
section 3310.41 or 3310.51 of the Revised Code, as applicable.

(i)
A science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code, including any
participation in a college pursuant to Chapter 3365. of the Revised
Code while enrolled in the school;

(j)
A college-preparatory boarding school established under Chapter 3328.
of the Revised Code, including any participation in a college
pursuant to Chapter 3365. of the Revised Code while enrolled in the
school
;

(k)
A nonchartered nonpublic school if the students have educational
savings accounts established under sections 3310.21 to 3310.26 of the
Revised Code
.

(3)
The department also shall compile a list of the students entitled to
attend school in the district under section 3313.64 or 3313.65 of the
Revised Code who are enrolled in a joint vocational school district
or under a career-technical education compact, excluding any students
so entitled to attend school in the district who are enrolled in
another school district through an open enrollment policy as reported
under division (A)(2)(d) of this section and then enroll in a joint
vocational school district or under a career-technical education
compact.

The
department shall provide each city, local, and exempted village
school district with an opportunity to review the list of students
compiled under divisions (A)(2) and (3) of this section to ensure
that the students reported accurately reflect the enrollment of
students in the district.

(B)
To enable the department to obtain the data needed to complete the
calculation of payments pursuant to this chapter, each superintendent
shall certify from the reports provided by the department under
division (A) of this section all of the following:

(1)
The total student enrollment in regular learning day classes included
in the report under division (A)(1) or (2), including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i),

and

(j)
,
and (k)

of this section, of this section for each of the individual grades
kindergarten through twelve in schools under the superintendent's
supervision;

(2)
The unduplicated count of the number of preschool children with
disabilities enrolled in the district for whom the district is
eligible to receive funding under section 3317.0213 of the Revised
Code adjusted for the portion of the year each child is so enrolled,
in accordance with the disability categories prescribed in section
3317.013 of the Revised Code;

(3)
The number of children entitled to attend school in the district
pursuant to section 3313.64 or 3313.65 of the Revised Code who are:

(a)
Enrolled in a college under Chapter 3365. of the Revised Code, except
when the student is enrolled in the college while also enrolled in a
community school pursuant to Chapter 3314. of the Revised Code, a
science, technology, engineering, and mathematics school established
under Chapter 3326., or a college-preparatory boarding school
established under Chapter 3328. of the Revised Code;

(b)
Participating in a program operated by a county board of
developmental disabilities or a state institution.

(4)
The total enrollment of pupils in joint vocational schools;

(5)
The combined enrollment of children with disabilities reported under
division (A)(1) or (2) of this section, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i),

and

(j)
,
and (k)

of this section, receiving special education services for the
category one disability described in division (A) of section 3317.013
of the Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under sections 3310.51 to
3310.64 of the Revised Code;

(6)
The combined enrollment of children with disabilities reported under
division (A)(1) or (2) of this section, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i),

and

(j)
,
and (k)

of this section, receiving special education services for category
two disabilities described in division (B) of section 3317.013 of the
Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under sections 3310.51 to
3310.64 of the Revised Code;

(7)
The combined enrollment of children with disabilities reported under
division (A)(1) or (2) of this section, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i),

and

(j)
,
and (k)

of this section, receiving special education services for category
three disabilities described in division (C) of section 3317.013 of
the Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under sections 3310.51 to
3310.64 of the Revised Code;

(8)
The combined enrollment of children with disabilities reported under
division (A)(1) or (2) of this section, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i),

and

(j)
,
and (k)

of this section, receiving special education services for category
four disabilities described in division (D) of section 3317.013 of
the Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under sections 3310.51 to
3310.64 of the Revised Code;

(9)
The combined enrollment of children with disabilities reported under
division (A)(1) or (2) of this section, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i),

and

(j)
,
and (k)

of this section, receiving special education services for the
category five disabilities described in division (E) of section
3317.013 of the Revised Code, including children attending a special
education program operated by an alternative public provider or a
registered private provider with a scholarship awarded under sections
3310.51 to 3310.64 of the Revised Code;

(10)
The combined enrollment of children with disabilities reported under
division (A)(1) or (2) of this section, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i),

and

(j)
,
and (k)

of this section, receiving special education services for category
six disabilities described in division (F) of section 3317.013 of the
Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under either section
3310.41 or sections 3310.51 to 3310.64 of the Revised Code;

(11)
The enrollment of pupils reported under division (A)(1) or (2) of
this section on a full-time equivalency basis, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i),

and

(j)
,
and (k)

of this section, in category one career-technical education programs
or classes, described in division (A)(1) of section 3317.014 of the
Revised Code, operated by the school district or by another district
that is a member of the district's career-technical planning
district, other than a joint vocational school district, or by an
educational service center, notwithstanding division (M) of section
3317.02 of the Revised Code and division (C)(3) of this section;

(12)
The enrollment of pupils reported under division (A)(1) or (2) of
this section on a full-time equivalency basis, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i),

and

(j)
,
and (k)

of this section, in category two career-technical education programs
or services, described in division (A)(2) of section 3317.014 of the
Revised Code, operated by the school district or another school
district that is a member of the district's career-technical planning
district, other than a joint vocational school district, or by an
educational service center, notwithstanding division (M) of section
3317.02 of the Revised Code and division (C)(3) of this section;

(13)
The enrollment of pupils reported under division (A)(1) or (2) of
this section on a full-time equivalency basis, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i),

and

(j)
,
and (k)

of this section, in category three career-technical education
programs or services, described in division (A)(3) of section
3317.014 of the Revised Code, operated by the school district or
another school district that is a member of the district's
career-technical planning district, other than a joint vocational
school district, or by an educational service center, notwithstanding
division (M) of section 3317.02 of the Revised Code and division
(C)(3) of this section;

(14)
The enrollment of pupils reported under division (A)(1) or (2) of
this section on a full-time equivalency basis, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i),

and

(j)
,
and (k)

of this section, in category four career-technical education programs
or services, described in division (A)(4) of section 3317.014 of the
Revised Code, operated by the school district or another school
district that is a member of the district's career-technical planning
district, other than a joint vocational school district, or by an
educational service center, notwithstanding division (M) of section
3317.02 of the Revised Code and division (C)(3) of this section;

(15)
The enrollment of pupils reported under division (A)(1) or (2) of
this section on a full-time equivalency basis, including any student
described in division (A)(1)(b) of this section and excluding any
student reported under divisions (A)(2)(a), (b), (d), (g), (h), (i),

and

(j)
,
and (k)

of this section, in category five career-technical education programs
or services, described in division (A)(5) of section 3317.014 of the
Revised Code, operated by the school district or another school
district that is a member of the district's career-technical planning
district, other than a joint vocational school district, or by an
educational service center, notwithstanding division (M) of section
3317.02 of the Revised Code and division (C)(3) of this section;

(16)
The enrollment of pupils reported under division (A)(1) or (2) of
this section who are English learners described in division (A) of
section 3317.016 of the Revised Code, including any student described
in division (A)(1)(b) of this section and excluding any student
reported under divisions (A)(2)(a), (b), (d), (g), (h), (i),
and

(j)
,
and (k)

of this section;

(17)
The enrollment of pupils reported under division (A)(1) or (2) of
this section who are English learners described in division (B) of
section 3317.016 of the Revised Code, including any student described
in division (A)(1)(b) of this section and excluding any student
reported under divisions (A)(2)(a), (b), (d), (g), (h), (i),
and

(j)
,
and (k)

of this section;

(18)
The enrollment of pupils reported under division (A)(1) or (2) of
this section who are English learners described in division (C) of
section 3317.016 of the Revised Code, including any student described
in division (A)(1)(b) of this section and excluding any student
reported under divisions (A)(2)(a), (b), (d), (g), (h), (i), and (j)
of this section;

(19)
The average number of children transported during the reporting
period by the school district on board-owned or contractor-owned and
-operated buses, reported in accordance with rules adopted by the
department;

(20)(a)
The number of children, other than preschool children with
disabilities, the district placed with a county board of
developmental disabilities in fiscal year 1998. Division (B)(20)(a)
of this section does not apply after fiscal year 2013.

(b)
The number of children with disabilities, other than preschool
children with disabilities, placed with a county board of
developmental disabilities in the current fiscal year to receive
special education services for the category one disability described
in division (A) of section 3317.013 of the Revised Code;

(c)
The number of children with disabilities, other than preschool
children with disabilities, placed with a county board of
developmental disabilities in the current fiscal year to receive
special education services for category two disabilities described in
division (B) of section 3317.013 of the Revised Code;

(d)
The number of children with disabilities, other than preschool
children with disabilities, placed with a county board of
developmental disabilities in the current fiscal year to receive
special education services for category three disabilities described
in division (C) of section 3317.013 of the Revised Code;

(e)
The number of children with disabilities, other than preschool
children with disabilities, placed with a county board of
developmental disabilities in the current fiscal year to receive
special education services for category four disabilities described
in division (D) of section 3317.013 of the Revised Code;

(f)
The number of children with disabilities, other than preschool
children with disabilities, placed with a county board of
developmental disabilities in the current fiscal year to receive
special education services for the category five disabilities
described in division (E) of section 3317.013 of the Revised Code;

(g)
The number of children with disabilities, other than preschool
children with disabilities, placed with a county board of
developmental disabilities in the current fiscal year to receive
special education services for category six disabilities described in
division (F) of section 3317.013 of the Revised Code.

(21)
The enrollment of students who are economically disadvantaged, as
defined by the department, including any student described in
divisions (A)(1)(b) of this section and excluding any student
reported under divisions (A)(2)(a), (b), (d), (g), (h), (i),
and

(j)
,
and (k)

of this section. A student shall not be categorically excluded from
the number reported under division (B)(21) of this section based on
anything other than family income.

(22)
The enrollment of students identified as gifted under division (A),
(B), (C), or (D) of section 3324.03 of the Revised Code.

(C)(1)
The department shall adopt rules necessary for implementing divisions
(A), (B), and (D) of this section.

(2)
A student enrolled in a community school established under Chapter
3314., a science, technology, engineering, and mathematics school
established under Chapter 3326., or a college-preparatory boarding
school established under Chapter 3328. of the Revised Code shall be
counted in the formula ADM of the school district in which the
student is entitled to attend school under section 3313.64 or 3313.65
of the Revised Code for the same proportion of the school year that
the student is counted in the enrollment of the community school, the
science, technology, engineering, and mathematics school, or the
college-preparatory boarding school for purposes of section 3317.022
or 3328.24 of the Revised Code. Notwithstanding the enrollment of
students reported pursuant to division (A)(2)(a), (i), or (j) of this
section, the department may adjust the formula ADM of a school
district to account for students entitled to attend school in the
district under section 3313.64 or 3313.65 of the Revised Code who are
enrolled in a community school, a science, technology, engineering,
and mathematics school, or a college-preparatory boarding school for
only a portion of the school year.

(3)
No child shall be counted as more than a total of one child in the
sum of the enrollment of students of a school district under division
(A), divisions (B)(1) to (22), or division (D) of this section,
except as follows:

(a)(i)
A child with a disability described in section 3317.013 of the
Revised Code may be counted both in formula ADM and in category one,
two, three, four, five, or six special education ADM and, if
applicable, in category one, two, three, four, or five
career-technical education ADM. As provided in division (M) of
section 3317.02 of the Revised Code, such a child shall be counted in
category one, two, three, four, five, or six special education ADM in
the same proportion that the child is counted in formula ADM.

(ii)
A child with a disability described in section 3317.013 of the
Revised Code may be counted both in enrolled ADM and in category one,
two, three, four, five, or six special education ADM and, if
applicable, in category one, two, three, four, or five
career-technical education ADM. As provided in division (M) of
section 3317.02 of the Revised Code, such a child shall be counted in
category one, two, three, four, five, or six special education ADM in
the same proportion that the child is counted in enrolled ADM.

(b)(i)
A child enrolled in career-technical education programs or classes
described in section 3317.014 of the Revised Code may be counted both
in formula ADM and category one, two, three, four, or five
career-technical education ADM and, if applicable, in category one,
two, three, four, five, or six special education ADM. Such a child
shall be counted in category one, two, three, four, or five
career-technical education ADM in the same proportion as the
percentage of time that the child spends in the career-technical
education programs or classes.

(ii)
A child enrolled in career-technical education programs or classes
described in section 3317.014 of the Revised Code may be counted both
in enrolled ADM and category one, two, three, four, or five
career-technical education ADM and, if applicable, in category one,
two, three, four, five, or six special education ADM. Such a child
shall be counted in category one, two, three, four, or five
career-technical education ADM in the same proportion as the
percentage of time that the child spends in the career-technical
education programs or classes.

(4)
Based on the information reported under this section, the department
shall determine the total student count, as defined in section
3301.011 of the Revised Code, for each school district.

(D)(1)
The superintendent of each joint vocational school district shall
report and certify to the department as of the last day of October,
March, and June of each year the enrollment of students receiving
services from schools under the superintendent's supervision so that
the department can calculate the district's enrolled ADM, formula
ADM, total ADM, category one through five career-technical education
ADM, category one through three English learner ADM, category one
through six special education ADM, and for purposes of provisions of
law outside of Chapter 3317. of the Revised Code, average daily
membership.

The
enrollment reported and certified by the superintendent, except as
otherwise provided in this division, shall consist of the number of
students in grades six through twelve receiving any educational
services from the district, except that the following categories of
students shall not be included in the determination:

(a)
Students enrolled in adult education classes;

(b)
Adjacent or other district joint vocational students enrolled in the
district under an open enrollment policy pursuant to section 3313.98
of the Revised Code;

(c)
Students receiving services in the district pursuant to a compact,
cooperative education agreement, or a contract, but who are entitled
to attend school in a city, local, or exempted village school
district whose territory is not part of the territory of the joint
vocational district;

(d)
Students for whom tuition is payable pursuant to sections 3317.081
and 3323.141 of the Revised Code.

(2)
To enable the department to obtain the data needed to complete the
calculation of payments pursuant to this chapter, each superintendent
shall certify from the report provided under division (D)(1) of this
section the enrollment for each of the following categories of
students:

(a)
Students enrolled in each individual grade included in the joint
vocational district schools, including any student described in
division (D)(1)(b) of this section;

(b)
Children with disabilities receiving special education services for
the category one disability described in division (A) of section
3317.013 of the Revised Code, including any student described in
division (D)(1)(b) of this section;

(c)
Children with disabilities receiving special education services for
the category two disabilities described in division (B) of section
3317.013 of the Revised Code, including any student described in
division (D)(1)(b) of this section;

(d)
Children with disabilities receiving special education services for
category three disabilities described in division (C) of section
3317.013 of the Revised Code, including any student described in
division (D)(1)(b) of this section;

(e)
Children with disabilities receiving special education services for
category four disabilities described in division (D) of section
3317.013 of the Revised Code, including any student described in
division (D)(1)(b) of this section;

(f)
Children with disabilities receiving special education services for
the category five disabilities described in division (E) of section
3317.013 of the Revised Code, including any student described in
division (D)(1)(b) of this section;

(g)
Children with disabilities receiving special education services for
category six disabilities described in division (F) of section
3317.013 of the Revised Code, including any student described in
division (D)(1)(b) of this section;

(h)
Students receiving category one career-technical education services,
described in division (A)(1) of section 3317.014 of the Revised Code,
including any student described in division (D)(1)(b) of this
section;

(i)
Students receiving category two career-technical education services,
described in division (A)(2) of section 3317.014 of the Revised Code,
including any student described in division (D)(1)(b) of this
section;

(j)
Students receiving category three career-technical education
services, described in division (A)(3) of section 3317.014 of the
Revised Code, including any student described in division (D)(1)(b)
of this section;

(k)
Students receiving category four career-technical education services,
described in division (A)(4) of section 3317.014 of the Revised Code,
including any student described in division (D)(1)(b) of this
section;

(l)
Students receiving category five career-technical education services,
described in division (A)(5) of section 3317.014 of the Revised Code,
including any student described in division (D)(1)(b) of this
section;

(m)
English learners described in division (A) of section 3317.016 of the
Revised Code, including any student described in division (D)(1)(b)
of this section;

(n)
English learners described in division (B) of section 3317.016 of the
Revised Code, including any student described in division (D)(1)(b)
of this section;

(o)
English learners described in division (C) of section 3317.016 of the
Revised Code, including any student described in division (D)(1)(b)
of this section;

(p)
Students who are economically disadvantaged, as defined by the
department, including any student described in division (D)(1)(b) of
this section. A student shall not be categorically excluded from the
number reported under division (D)(2)(p) of this section based on
anything other than family income.

The
superintendent of each joint vocational school district shall also
indicate the city, local, or exempted village school district in
which each joint vocational district pupil is entitled to attend
school pursuant to section 3313.64 or 3313.65 of the Revised Code.

(E)
In each school of each city, local, exempted village, joint
vocational, and cooperative education school district there shall be
maintained a record of school enrollment, which record shall
accurately show, for each day the school is in session, the actual
enrollment in regular day classes. For the purpose of determining the
enrollment of students, the enrollment figure of any school shall not
include any pupils except those pupils described by division (A) or
(D) of this section. The record of enrollment for each school shall
be maintained in such manner that no pupil shall be counted as
enrolled prior to the actual date of entry in the school and also in
such manner that where for any cause a pupil permanently withdraws
from the school that pupil shall not be counted as enrolled from and
after the date of such withdrawal. There shall not be included in the
enrollment of any school any of the following:

(1)
Any pupil who has graduated from the twelfth grade of a public or
nonpublic high school;

(2)
Any pupil who is not a resident of the state;

(3)
Any pupil who was enrolled in the schools of the district during the
previous school year when assessments were administered under section
3301.0711 of the Revised Code but did not take one or more of the
assessments required by that section and was not excused pursuant to
division (C)(1) or (3) of that section;

(4)
Any pupil who has attained the age of twenty-two years, except for
veterans of the armed services whose attendance was interrupted
before completing the recognized twelve-year course of the public
schools by reason of induction or enlistment in the armed forces and
who apply for reenrollment in the public school system of their
residence not later than four years after termination of war or their
honorable discharge;

(5)
Any pupil who has a certificate of high school equivalence as defined
in section 5107.40 of the Revised Code.

If,
however, any veteran described by division (E)(4) of this section
elects to enroll in special courses organized for veterans for whom
tuition is paid under the provisions of federal laws, or otherwise,
that veteran shall not be included in the enrollment of students
determined under this section.

Notwithstanding
division (E)(3) of this section, the enrollment of any school may
include a pupil who did not take an assessment required by section
3301.0711 of the Revised Code if the department of education and
workforce grants a waiver from the requirement to take the assessment
to the specific pupil and a parent is not paying tuition for the
pupil pursuant to section 3313.6410 of the Revised Code. The
department may grant such a waiver only for good cause in accordance
with rules adopted by the department.

The
enrolled ADM, formula ADM, total ADM, category one through five
career-technical education ADM, category one through three English
learner ADM, category one through six special education ADM,
transportation ADM, and, for purposes of provisions of law outside of
Chapter 3317. of the Revised Code, average daily membership of any
school district shall be determined in accordance with rules adopted
by the department.

(F)(1)
If a student attending a community school under Chapter 3314., a
science, technology, engineering, and mathematics school established
under Chapter 3326., or a college-preparatory boarding school
established under Chapter 3328. of the Revised Code is not included
in the formula ADM calculated for the school district in which the
student is entitled to attend school under section 3313.64 or 3313.65
of the Revised Code, the department shall adjust the formula ADM of
that school district to include the student in accordance with
division (C)(2) of this section.

(2)
If a student awarded an educational choice scholarship is not
included in the formula ADM of the school district in which the
student resides, the department shall adjust the formula ADM of that
school district to include the student.

(3)
If a student awarded a scholarship under the Jon Peterson special
needs scholarship program is not included in the formula ADM of the
school district in which the student resides, the department shall
adjust the formula ADM of that school district to include the
student.

(G)(1)(a)
The superintendent of an institution operating a special education
program pursuant to section 3323.091 of the Revised Code shall, for
the programs under such superintendent's supervision, certify to the
department, in the manner prescribed by the director of education and
workforce, both of the following:

(i)
The unduplicated count of the number of all children with
disabilities other than preschool children with disabilities
receiving services at the institution for each category of disability
described in divisions (A) to (F) of section 3317.013 of the Revised
Code adjusted for the portion of the year each child is so enrolled;

(ii)
The unduplicated count of the number of all preschool children with
disabilities in classes or programs for whom the district is eligible
to receive funding under section 3317.0213 of the Revised Code
adjusted for the portion of the year each child is so enrolled,
reported according to the categories prescribed in section 3317.013
of the Revised Code.

(b)
The superintendent of an institution with career-technical education
units approved under section 3317.05 of the Revised Code shall, for
the units under the superintendent's supervision, certify to the
department the enrollment in those units, in the manner prescribed by
the director of education and workforce.

(2)
The superintendent of each county board of developmental disabilities
that maintains special education classes under section 3317.20 of the
Revised Code or provides services to preschool children with
disabilities pursuant to an agreement between the county board and
the appropriate school district shall do both of the following:

(a)
Certify to the department, in the manner prescribed by the
department, the enrollment in classes under section 3317.20 of the
Revised Code for each school district that has placed children in the
classes;

(b)
Certify to the department, in the manner prescribed by the
department, the unduplicated count of the number of all preschool
children with disabilities enrolled in classes for which the board is
eligible to receive funding under section 3317.0213 of the Revised
Code adjusted for the portion of the year each child is so enrolled,
reported according to the categories prescribed in section 3317.013
of the Revised Code, and the number of those classes.

(H)
Except as provided in division (I) of this section, when any city,
local, or exempted village school district provides instruction for a
nonresident pupil whose attendance is unauthorized attendance as
defined in section 3327.06 of the Revised Code, that pupil's
enrollment shall not be included in that district's enrollment figure
used in calculating the district's payments under this chapter. The
reporting official shall report separately the enrollment of all
pupils whose attendance in the district is unauthorized attendance,
and the enrollment of each such pupil shall be credited to the school
district in which the pupil is entitled to attend school under
division (B) of section 3313.64 or section 3313.65 of the Revised
Code as determined by the department.

(I)
This division shall not apply on or after September 30, 2021.

(1)
A city, local, exempted village, or joint vocational school district
admitting a scholarship student of a pilot project district pursuant
to division (C) of section 3313.976 of the Revised Code may count
such student in its enrollment.

(2)
In any year for which funds are appropriated for pilot project
scholarship programs, a school district implementing a
state-sponsored pilot project scholarship program that year pursuant
to sections 3313.974 to 3313.979 of the Revised Code may count in its
enrollment:

(a)
All children residing in the district and utilizing a scholarship to
attend kindergarten in any alternative school, as defined in section
3313.974 of the Revised Code;

(b)
All children who were enrolled in the district in the preceding year
who are utilizing a scholarship to attend an alternative school.

(J)
The superintendent of each cooperative education school district
shall certify to the director of education and workforce, in a manner
prescribed by the department, the applicable enrollments for all
students in the cooperative education district, also indicating the
city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code.

(K)
If the director of education and workforce determines that a
component of the enrollment certified or reported by a district
superintendent, or other reporting entity, is not correct, the
director of education and workforce may order that the district's
enrolled ADM, formula ADM, or both be adjusted in the amount of the
error.

Sec.
3317.035.
The
auditor of state may conduct annual audits of the information
certified under section 3317.03 of the Revised Code

by
a number of school districts determined by the auditor of state and
selected at random
.

Sec.
3317.051.
(A)
The department of education and workforce shall compute and pay to a
school district funds based on units for services to students
identified as gifted under Chapter 3324. of the Revised Code as
prescribed by this section.

(B)
The department shall allocate gifted units for a school district as
follows:

(1)
For fiscal years
2024

2026

and

2025
2027
:

(a)
One gifted coordinator unit shall be allocated for every 3,300
students in a district's enrolled ADM, with a minimum of 0.5 units
and a maximum of 8 units allocated for the district.

(b)
One kindergarten through eighth grade gifted intervention specialist
unit shall be allocated for every 140 gifted students enrolled in
grades kindergarten through eight in the district, as certified under
division (B)(22) of section 3317.03 of the Revised Code, with a
minimum of 0.3 units allocated for the district.

(c)
One ninth through twelfth grade gifted intervention specialist unit
shall be allocated for every 140 gifted students enrolled in grades
nine through twelve in the district, as certified under division
(B)(22) of section 3317.03 of the Revised Code, with a minimum of 0.3
units allocated for the district.

(2)
For fiscal year
2026

2028

and
each fiscal year thereafter, in the manner prescribed by the general
assembly.

(C)
The department shall pay an amount to a school district for gifted
units as follows:

(1)
For fiscal years
2024

2026

and

2025
2027
,
an amount equal to the following sum:

($85,776
X the number of units allocated to a school district under division
(B)(1)(a) of this section X the district's state share percentage) +
($89,378 X the number of units allocated to a school district under
division (B)(1)(b) of this section X the district's state share
percentage) + ($80,974 X the number of units allocated to a school
district under division (B)(1)(c) of this section X the district's
state share percentage)

(2)
For fiscal year
2026

2028

and
each fiscal year thereafter, an amount calculated in a manner
determined by the general assembly.

(D)
A school district may assign gifted unit funding that it receives
under division (C) of this section to another school district, an
educational service center, a community school, or a STEM school as
part of an arrangement to provide services to the district.

Sec.
3317.06.
Moneys
paid to school districts under division (E)(1) of section 3317.024 of
the Revised Code shall be used for the following independent and
fully severable purposes:

(A)
To purchase such secular textbooks or digital texts as have been
approved by the department of education and workforce for use in
public schools in the state and to loan such textbooks or digital
texts to pupils attending nonpublic schools within the district
described in division (E)(1) of section 3317.024 of the Revised Code
or to their parents and to hire clerical personnel to administer such
lending program. Such loans shall be based upon individual requests
submitted by such nonpublic school pupils or parents. Such requests
shall be submitted to the school district in which the nonpublic
school is located. Such individual requests for the loan of textbooks
or digital texts shall, for administrative convenience, be submitted
by the nonpublic school pupil or the pupil's parent to the nonpublic
school, which shall prepare and submit collective summaries of the
individual requests to the school district. As used in this section:

(1)
"Textbook" means any book or book substitute that a pupil
uses as a consumable or nonconsumable text, text substitute, or text
supplement in a particular class or program in the school the pupil
regularly attends.

(2)
"Digital text" means a consumable book or book substitute
that a student accesses through the use of a computer or other
electronic medium or that is available through an internet-based
provider of course content, or any other material that contributes to
the learning process through electronic means.

(B)
To provide speech and hearing diagnostic services to pupils attending
nonpublic schools within the district described in division (E)(1) of
section 3317.024 of the Revised Code. Such service shall be provided
in the nonpublic school attended by the pupil receiving the service.

(C)
To provide physician, nursing, dental, and optometric services to
pupils attending nonpublic schools within the district described in
division (E)(1) of section 3317.024 of the Revised Code. Such
services shall be provided in the school attended by the nonpublic
school pupil receiving the service.

(D)
To provide diagnostic
mental
health or
psychological
services to pupils attending nonpublic schools within the district
described in division (E)(1) of section 3317.024 of the Revised Code.
Such services shall be provided in the school attended by the pupil
receiving the service.

(E)
To provide therapeutic
mental
health,
psychological
,

and speech and hearing services to pupils attending nonpublic schools
within the district described in division (E)(1) of section 3317.024
of the Revised Code. Such services shall be provided in the public
school, in nonpublic schools, in public centers, or in mobile units
located on or off of the nonpublic premises. If such services are
provided in the public school or in public centers, transportation to
and from such facilities shall be provided by the school district in
which the nonpublic school is located.

(F)
To provide guidance, counseling, and social work services to pupils
attending nonpublic schools within the district described in division
(E)(1) of section 3317.024 of the Revised Code. Such services shall
be provided in the public school, in nonpublic schools, in public
centers, or in mobile units located on or off of the nonpublic
premises. If such services are provided in the public school or in
public centers, transportation to and from such facilities shall be
provided by the school district in which the nonpublic school is
located.

(G)
To provide remedial services to pupils attending nonpublic schools
within the district described in division (E)(1) of section 3317.024
of the Revised Code. Such services shall be provided in the public
school, in nonpublic schools, in public centers, or in mobile units
located on or off of the nonpublic premises. If such services are
provided in the public school or in public centers, transportation to
and from such facilities shall be provided by the school district in
which the nonpublic school is located.

(H)
To supply for use by pupils attending nonpublic schools within the
district described in division (E)(1) of section 3317.024 of the
Revised Code such standardized tests and scoring services as are in
use in the public schools of the state;

(I)
To provide programs for children who attend nonpublic schools within
the district described in division (E)(1) of section 3317.024 of the
Revised Code and are children with disabilities as defined in section
3323.01 of the Revised Code or gifted children. Such programs shall
be provided in the public school, in nonpublic schools, in public
centers, or in mobile units located on or off of the nonpublic
premises. If such programs are provided in the public school or in
public centers, transportation to and from such facilities shall be
provided by the school district in which the nonpublic school is
located.

(J)
To hire clerical personnel to assist in the administration of
programs pursuant to divisions (B), (C), (D), (E), (F), (G), and (I)
of this section and to hire supervisory personnel to supervise the
providing of services and textbooks pursuant to this section.

(K)
To purchase or lease any secular, neutral, and nonideological
computer application software designed to assist students in
performing a single task or multiple related tasks, device management
software, learning management software, site-licensing, digital video
on demand (DVD), wide area connectivity and related technology as it
relates to internet access, mathematics or science equipment and
materials, instructional materials, and school library materials that
are in general use in the public schools of the state and loan such
items to pupils attending nonpublic schools within the district
described in division (E)(1) of section 3317.024 of the Revised Code
or to their parents, and to hire clerical personnel to administer the
lending program. Only such items that are incapable of diversion to
religious use and that are susceptible of loan to individual pupils
and are furnished for the use of individual pupils shall be purchased
and loaned under this division. As used in this section,
"instructional materials" means prepared learning materials
that are secular, neutral, and nonideological in character and are of
benefit to the instruction of school children. "Instructional
materials" includes media content that a student may access
through the use of a computer or electronic device.

Mobile
applications that are secular, neutral, and nonideological in
character and that are purchased for less than twenty dollars for
instructional use shall be considered to be consumable and shall be
distributed to students without the expectation that the applications
must be returned.

(L)
To purchase or lease instructional equipment, including computer
hardware and related equipment in general use in the public schools
of the state, for use by pupils attending nonpublic schools within
the district described in division (E)(1) of section 3317.024 of the
Revised Code and to loan such items to pupils attending such
nonpublic schools within the district or to their parents, and to
hire clerical personnel to administer the lending program. "Computer
hardware and related equipment" includes desktop computers and
workstations; laptop computers, computer tablets, and other mobile
handheld devices; their operating systems and accessories; and any
equipment designed to make accessible the environment of a classroom
to a student, who is physically unable to attend classroom activities
due to hospitalization or other circumstances, by allowing real-time
interaction with other students both one-on-one and in group
discussion.

(M)
To purchase mobile units to be used for the provision of services
pursuant to divisions (E), (F), (G), and (I) of this section and to
pay for necessary repairs and operating costs associated with these
units.

(N)
To reimburse costs the district incurred to store the records of a
chartered nonpublic school that closes. Reimbursements under this
division shall be made one time only for each chartered nonpublic
school described in division (E)(1) of section 3317.024 of the
Revised Code that closes.

(O)
To purchase life-saving medical or other emergency equipment for
placement in nonpublic schools within the district described in
division (E)(1) of section 3317.024 of the Revised Code or to
maintain such equipment.

(P)
To procure and pay for security services from a county sheriff or a
township or municipal police force
,
from a retired Ohio peace officer,

or from a person certified through the Ohio peace officer training
commission, in accordance with section 109.78 of the Revised Code, as
a special police, security guard, or as a privately employed person
serving in a police capacity for nonpublic schools in the district
described in division (E)(1) of section 3317.024 of the Revised Code.

(Q)
To provide language and academic support services and other
accommodations for English learners attending nonpublic schools
within the district described in division (E)(1) of section 3317.024
of the Revised Code.

Clerical
and supervisory personnel hired pursuant to division (J) of this
section shall perform their services in the public schools, in
nonpublic schools, public centers, or mobile units where the services
are provided to the nonpublic school pupil, except that such
personnel may accompany pupils to and from the service sites when
necessary to ensure the safety of the children receiving the
services.

All
services provided pursuant to this section may be provided under
contract with educational service centers, the department of health,
city or general health districts, or private agencies whose personnel
are properly licensed by an appropriate state board or agency. School
districts shall not deny a nonpublic school's request for personnel
who are properly licensed by a state board or agency.

Transportation
of pupils provided pursuant to divisions (E), (F), (G), and (I) of
this section shall be provided by the school district from its
general funds and not from moneys paid to it under division (E)(1) of
section 3317.024 of the Revised Code unless a special transportation
request is submitted by the parent of the child receiving service
pursuant to such divisions. If such an application is presented to
the school district, it may pay for the transportation from moneys
paid to it under division (E)(1) of section 3317.024 of the Revised
Code.

No
school district shall provide health or remedial services to
nonpublic school pupils as authorized by this section unless such
services are available to pupils attending the public schools within
the district.

Materials,
equipment, computer hardware or software, textbooks, digital texts,
and health and remedial services provided for the benefit of
nonpublic school pupils pursuant to this section and the admission of
pupils to such nonpublic schools shall be provided without
distinction as to race, creed, color, or national origin of such
pupils or of their teachers.

No
school district shall provide services, materials, or equipment that
contain religious content for use in religious courses, devotional
exercises, religious training, or any other religious activity.

As
used in this section, "parent" includes a person standing
in loco parentis to a child.

Notwithstanding
section 3317.01 of the Revised Code, payments shall be made under
this section to any city, local, or exempted village school district
within which is located one or more nonpublic elementary or high
schools described in division (E)(1) of section 3317.024 of the
Revised Code and any payments made to school districts under division
(E)(1) of section 3317.024 of the Revised Code for purposes of this
section may be disbursed without submission to and approval of the
controlling board.

The
allocation of payments for materials, equipment, textbooks, digital
texts, health services, and remedial services to city, local, and
exempted village school districts shall be on the basis of the
department's estimated annual average daily membership in nonpublic
elementary and high schools located in the district described in
division (E)(1) of section 3317.024 of the Revised Code.

Payments
made to city, local, and exempted village school districts under this
section shall be equal to specific appropriations made for the
purpose. All interest earned by a school district on such payments
shall be used by the district for the same purposes and in the same
manner as the payments may be used.

The
department shall adopt guidelines and procedures under which such
programs and services shall be provided, under which districts and
educational service centers with which districts contract to provide
auxiliary services shall be reimbursed for administrative costs
incurred in providing such programs and services, and under which any
unexpended balance of the amounts appropriated by the general
assembly to implement this section may be transferred to the
auxiliary services personnel unemployment compensation fund
established pursuant to section 4141.47 of the Revised Code. If a
district contracts with an educational service center to provide
auxiliary services, only the service center shall be reimbursed for
administrative costs. The department shall also adopt guidelines and
procedures limiting the purchase and loan of the items described in
division (K) of this section to items that are in general use in the
public schools of the state, that are incapable of diversion to
religious use, and that are susceptible to individual use rather than
classroom use. Within thirty days after the end of each biennium,
each board of education shall remit to the department all moneys paid
to it under division (E)(1) of section 3317.024 of the Revised Code
and any interest earned on those moneys that are not required to pay
expenses incurred under this section during the biennium for which
the money was appropriated and during which the interest was earned.
If a board of education subsequently determines that the remittal of
moneys leaves the board with insufficient money to pay all valid
expenses incurred under this section during the biennium for which
the remitted money was appropriated, the board may apply to the
department for a refund of money, not to exceed the amount of the
insufficiency. If the department determines the expenses were
lawfully incurred and would have been lawful expenditures of the
refunded money, it shall certify its determination and the amount of
the refund to be made to the director of job and family services who
shall make a refund as provided in section 4141.47 of the Revised
Code.

Each
school district shall label materials, equipment, computer hardware
or software, textbooks, and digital texts purchased or leased for
loan to a nonpublic school under this section, acknowledging that
they were purchased or leased with state funds under this section.
However, a district need not label materials, equipment, computer
hardware or software, textbooks, or digital texts that the district
determines are consumable in nature or have a value of less than two
hundred dollars.

Sec.
3317.11.
(A)
As used in this section:

(1)
For fiscal years
2024

2026

and

2025
2027
,
"base amount" is equal to $356,250.

(2)
For fiscal years
2024

2026

and

2025
2027
,
"funding base" means an amount calculated by the department
of education and workforce that is equal to the amount an educational
service center would have received under Section 265.360 of H.B. 166
of the 133rd general assembly for fiscal year 2020 using the student
counts of the school districts with which the service center has
service agreements for the fiscal year for which payments under this
section are being made.

(3)
For fiscal years
2024

2026

and

2025
2027
,
"general phase-in percentage" for an educational service
center means the "general phase-in percentage" for school
districts as defined in section 3317.02 of the Revised Code.

(4)
For fiscal years
2024

2026

and

2025
2027
,
"student count" means the count calculated under division
(G)(1) of section 3313.843 of the Revised Code.

(B)(1)
For fiscal years
2024

2026

and

2025
2027
,
the department of education and workforce shall pay the governing
board of each educational service center an amount equal to the
following:

The
educational service center's funding base + [(the amount calculated
for the educational service center for that fiscal year under
division (C) of this section - the educational service center's
funding base) X the educational service center's general phase-in
percentage for that fiscal year]

(2)
For fiscal year
2026

2028

and
each fiscal year thereafter, the department shall pay the governing
board of each educational service center an amount calculated in a
manner determined by the general assembly.

(C)
For fiscal years
2024

2026

and

2025
2027
,
the department shall calculate an amount for each educational service
center as follows:

(1)
If the educational service center has a student count of 5,000
students or less, the base amount.

(2)
If the educational service center has a student count greater than
5,000 students but less than or equal to 35,000 students, the
following sum:

The
base amount + [(the educational service center's student count -
5,000) X $24.72]

(3)
If the educational service center has a student count greater than
35,000 students, the following sum:

The
base amount + (30,000 X $24.72) + [(the educational service center's
student count - 35,000) X $30.90]

Sec.
3317.16.
The
department of education and workforce shall compute and distribute
state core foundation funding to each funding unit that is a joint
vocational school district for the fiscal year as follows:

For
fiscal years
2024

2026

and

2025
2027
:

The
district's funding base + [(the district's state core foundation
funding components for that fiscal year calculated under divisions
(A)(1), (2), (4), (5), and (6) of this section - the district's
general funding base) X the district's general phase-in percentage
for that fiscal year] + [(the district's disadvantaged pupil impact
aid for that fiscal year calculated under division (A)(3) of this
section - the district's disadvantaged pupil impact aid funding base)
X the district's phase-in percentage for disadvantaged pupil impact
aid for that fiscal year]

For
fiscal year
2026

2028

and
each fiscal year thereafter, the sum of the district's state core
foundation funding components for that fiscal year calculated under
divisions (A)(1), (2), (3), (4), (5), and (6) of this section.

(A)
A district's state core foundation funding components shall be all of
the following:

(1)
The district's state share of the base cost, which is equal to the
following:

(a)
For fiscal years
2024

2026

and

2025
2027
,
an amount calculated according to the following formula:

(The
district's
base
cost calculated under section 3317.012 of the Revised Code) - (0.0005
X the lesser of the district's three-year average valuation or the
district's most recent valuation)

However,
no district shall receive an amount under division (A)(1) of this
section that is less than 0.10 times the base cost calculated for the
district under section 3317.012 of the Revised Code.
enrolled
ADM for the fiscal year) X (the district's state share percentage for
the fiscal year) X (the district's base cost per pupil for the fiscal
year)

(b)
For fiscal year
2026

2028

and
each fiscal year thereafter, an amount calculated in a manner
determined by the general assembly.

(2)
Additional state aid for special education and related services
provided under Chapter 3323. of the Revised Code calculated as
follows:

(a)
For fiscal years
2024

2026

and

2025
2027
,
the sum of the following:

(i)
The district's category one special education ADM X the multiple
specified in division (A) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X the
district's state share percentage;

(ii)
The district's category two special education ADM X the multiple
specified in division (B) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X the
district's state share percentage;

(iii)
The district's category three special education ADM X the multiple
specified in division (C) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X the
district's state share percentage;

(iv)
The district's category four special education ADM X the multiple
specified in division (D) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X the
district's state share percentage;

(v)
The district's category five special education ADM X the multiple
specified in division (E) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X the
district's state share percentage;

(vi)
The district's category six special education ADM X the multiple
specified in division (F) of section 3317.013 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X the
district's state share percentage.

(b)
For fiscal year
2026

2028

and
each fiscal year thereafter, the sum of the following:

(i)
An amount calculated in a manner determined by the general assembly
times the funding unit's category one special education ADM;

(ii)
An amount calculated in a manner determined by the general assembly
times the funding unit's category two special education ADM;

(iii)
An amount calculated in a manner determined by the general assembly
times the funding unit's category three special education ADM;

(iv)
An amount calculated in a manner determined by the general assembly
times the funding unit's category four special education ADM;

(v)
An amount calculated in a manner determined by the general assembly
times the funding unit's category five special education ADM;

(vi)
An amount calculated in a manner determined by the general assembly
times the funding unit's category six special education ADM.

(3)
Disadvantaged pupil impact aid calculated as follows:

(a)
For fiscal years
2024

2026

and

2025
2027
,
an amount calculated according to the following formula:

$422
X the district's economically disadvantaged index X the number of
students who are economically disadvantaged as certified under
division (D)(2)(p) of section 3317.03 of the Revised Code

(b)
For fiscal year
2026

2028

and
each fiscal year thereafter, an amount calculated in a manner
determined by the general assembly.

(4)
English learner funds calculated as follows:

(a)
For fiscal years
2024

2026

and

2025
2027
,
the sum of the following:

(i)
The district's category one English learner ADM X the multiple
specified in division (A) of section 3317.016 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X the
district's state share percentage;

(ii)
The district's category two English learner ADM X the multiple
specified in division (B) of section 3317.016 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X the
district's state share percentage;

(iii)
The district's category three English learner ADM X the multiple
specified in division (C) of section 3317.016 of the Revised Code X
the statewide average base cost per pupil for that fiscal year X the
district's state share percentage.

(b)
For fiscal year
2026

2028

and
each fiscal year thereafter, the sum of the following:

(i)
An amount calculated in a manner determined by the general assembly
times the funding unit's category one English learner ADM;

(ii)
An amount calculated in a manner determined by the general assembly
times the funding unit's category two English learner ADM;

(iii)
An amount calculated in a manner determined by the general assembly
times the funding unit's category three English learner ADM.

(5)
Career-technical education funds calculated under division (C) of
section 3317.014 of the Revised Code.

(6)
Career-technical education associated services funds calculated under
division (D) of section 3317.014 of the Revised Code.

(B)(1)
If a joint vocational school district's costs for a fiscal year for a
student in its categories two through six special education ADM
exceed the threshold cost for serving the student, as specified in
division (B) of section 3317.0214 of the Revised Code, the district
may submit to the department documentation, as prescribed by the
department, of all of its costs for that student. Upon submission of
documentation for a student of the type and in the manner prescribed,
the department shall pay to the district an amount equal to the sum
of the following:

(a)
One-half of the district's costs for the student in excess of the
threshold cost;

(b)
The product of one-half of the district's costs for the student in
excess of the threshold cost multiplied by the district's state share
percentage.

(2)
The district shall report under division (B)(1) of this section, and
the department shall pay for, only the costs of educational expenses
and the related services provided to the student in accordance with
the student's individualized education program. Any legal fees, court
costs, or other costs associated with any cause of action relating to
the student may not be included in the amount.

(C)(1)
For each student with a disability receiving special education and
related services under an individualized education program, as
defined in section 3323.01 of the Revised Code, at a joint vocational
school district, the resident district or, if the student is enrolled
in a community school, the community school shall be responsible for
the amount of any costs of providing those special education and
related services to that student that exceed the sum of the amount
calculated for those services attributable to that student under
division (A) of this section.

Those
excess costs shall be calculated using a formula approved by the
department.

(2)
The board of education of the joint vocational school district may
report the excess costs calculated under division (C)(1) of this
section to the department.

(3)
If the board of education of the joint vocational school district
reports excess costs under division (C)(2) of this section, the
department shall pay the amount of excess cost calculated under
division (C)(2) of this section to the joint vocational school
district and shall deduct that amount as provided in division
(C)(3)(a) or (b) of this section, as applicable:

(a)
If the student is not enrolled in a community school, the department
shall deduct the amount from the account of the student's resident
district pursuant to division (J) of section 3317.023 of the Revised
Code.

(b)
If the student is enrolled in a community school, the department
shall deduct the amount from the account of the community school
pursuant to section 3314.083 of the Revised Code.

(D)
A joint vocational school district shall spend the funds it receives
under division (A)(3) of this section in accordance with section
3317.25 of the Revised Code.

(E)
For fiscal years
2024

2026

and

2025
2027
,
a school district shall spend the funds it receives under division
(A)(4) of this section only for services for English learners.

(F)
As used in this section:

(1)
"Community school" means a community school established
under Chapter 3314. of the Revised Code.

(2)
"Resident district" means the city, local, or exempted
village school district in which a student is entitled to attend
school under section 3313.64 or 3313.65 of the Revised Code.

Sec.
3317.161.
(A)
As used in this section, "lead district" has the same
meaning as in section 3317.023 of the Revised Code.

(B)(1)
A career-technical education program or a dropout prevention and
recovery program of a city, local, or exempted village school
district, community school, or STEM school shall be subject to
approval under this section in order for the district or school to
qualify for state funding for the program. Approval granted under
this section shall be valid for the five fiscal years following the
fiscal year in which the program is approved and may be renewed.
Approval shall be subject to annual review under division (E) of this
section.

(2)
If a district or school becomes a new member of a career-technical
planning district, its career-technical education programs shall be
approved or disapproved by the lead district of the career-technical
planning district during the fiscal year in which the district or
school becomes a member of the career-technical planning district.
Any program of the district or school that was approved by the
department of education and workforce for an approval period that
includes the fiscal year in which the district or school becomes a
new member of the career-technical planning district shall retain its
approved status during that fiscal year.

(3)
If an existing member of a career-technical planning district
develops a new career-technical education program, that program shall
be approved or disapproved by the lead district of the
career-technical planning district prior to the first fiscal year for
which the district or school is seeking funding for the program.

(4)
Except as provided in division (B)(2) of this section, if a
career-technical education program was approved by the department
prior to September 29, 2013, that approval remains valid for the
unexpired remainder of the approval period specified by the
department. Approval of that program may then be renewed in
accordance with this section on a date prior to the expiration of the
approval period.

(C)(1)
The lead district of a career-technical planning district shall
approve or disapprove for a five-year period each career-technical
education program of the city, local, and exempted village school
districts, community schools, and STEM schools that are assigned by
the department to the career-technical planning district. The lead
district's decision to approve or disapprove a program shall be based
on requirements for career-technical education programs that are
specified in rules adopted by the department. These requirements
shall include, but are not limited to, all of the following:

(a)
Demand for the career-technical education program by industries in
the state;

(b)
Quality of the program;

(c)
Potential for a student enrolled in the program to receive the
training that will qualify the student for industry credentials or
post-secondary education;

(d)
Admission requirements of the lead district;

(e)
Past performance of the district or school that is offering the
program;

(f)
Traveling distance;

(g)
Sustainability;

(h)
Capacity;

(i)
Availability of the program within the career-technical planning
district;

(j)
In the case of a new program, the cost to begin the program.

(2)

The
lead district shall approve or disapprove each program not later than
the first day of March prior to the first fiscal year for which the
district or school is seeking funding for the program.
If
a program is approved, the lead district shall notify the department
of its decision. If a program is disapproved, the lead district shall
notify the district or school of its decision.

If
the lead district disapproves the program or does not take any action
to approve or disapprove the program

by
the first day of March
,
the district or school may appeal the lead district's decision or
failure to take action to the department

by
the fifteenth day of March
.

(D)(1)
Upon receiving notification of a lead district's approval of a
district's or school's career-technical education program, the
department shall review the lead district's decision and determine
whether to approve or disapprove the program

not
later than the fifteenth day of May prior to the first fiscal year
for which the district or school is seeking funding for the program
.
The department shall notify the district or school and the lead
district of the district's or school's career-technical planning
district of its determination.

(2)
Upon receiving an appeal from a district or school of a lead
district's disapproval of a career-technical education program or
failure to take action to approve or disapprove the program, the
department shall review the lead district's disapproval or failure to
take action. The department shall decide whether to approve or
disapprove the program as a result of this review

not
later than the fifteenth day of May prior to the first fiscal year
for which the district or school is seeking funding for the program
.
The department shall notify the lead district and the appealing
district or school of its determination.

(3)
In conducting a review under division (D)(1) or (2) of this section,
the department shall consider the criteria prescribed under division
(C)(1) of this section.

(4)
If the department approves a program under division (D)(1) or (2) of
this section, it shall authorize the payment to the district or
school of the funds attributed to the career-technical students
enrolled in that program in the next fiscal year according to a
payment schedule prescribed by the department.

(5)
The department's decisions under divisions (D)(1) and (2) of this
section shall be final and not appealable.

(6)
The director of education and workforce may adopt guidelines
identifying circumstances in which the department may, after
consulting with a lead district, approve or disapprove a program that
has been approved or disapproved by the lead district after the
deadline prescribed in division (D)(1) or (2) of this section has
passed.

The
department shall authorize a payment for any dropout prevention and
recovery program offering career-technical education that is in its
first year of operation and that submits an application
during
the additional application period described in division (D)(6) of
this section
in
the fiscal year for which the application was submitted.

(E)
The department and the lead district of each career-technical
planning district shall conduct an annual review of each
career-technical education program in the lead district's
career-technical planning district that receives approval under this
section. Continued funding of the program during the five-year
approval period shall be subject to the school's compliance with any
directives for performance improvement that are issued by the
department or the lead district as a result of any review conducted
under this section.

Sec.
3317.162.
(A)
For fiscal years
2024

2026

and

2025
2027
,
the department of education
and
workforce
shall
pay temporary transitional aid to each joint vocational school
district according to the following formula:

(The
district's funding base, as that term is defined in section 3317.02
of the Revised Code) – (the district's payment under section
3317.16 of the Revised Code for the fiscal year for which the payment
is computed)

If
the computation made under division (A) of this section results in a
negative number, the district's funding under division (A) of this
section shall be zero.

(B)
If a joint vocational school district begins receiving payments under
section 3317.16 of the Revised Code for fiscal year
2024

2026

or
fiscal year
2025

2027

but
does not receive payments for the fiscal year immediately preceding
that fiscal year, the department shall establish the district's
funding base, as that term is defined in section 3317.02 of the
Revised Code, as an amount equal to the absolute value of the sum of
the associated adjustments of any local school district's funding
base under division (C) of section 3317.019 of the Revised Code.

Sec.
3317.163.
(A)
As used in this section:

(1)
"Credential-only program" means an industry-approved
credentialing program, or a series of such programs, offered by a
dropout
prevention
and
recovery
community school in which students enrolled in grades eleven and
twelve may earn an industry-recognized credential approved under
section 3313.6113 of the Revised Code. The program, or programs,
shall align with a career-technical education program approved under
section 3317.161 of the Revised Code. The dropout
prevention
and
recovery
community school shall offer the program, or programs, using
classroom teachers employed by the school.

(2)
"Dropout
prevention
and
recovery
community school" has the same meaning as in section
3319.301

3314.02

of
the Revised Code.

(B)
Notwithstanding any provision of Chapter 3317. of the Revised Code to
the contrary, all of the following shall apply:

(1)
For the purposes of sections 3317.014, 3317.022, and 3317.026 of the
Revised Code, the department of education and workforce shall adjust
the career-technical education ADM of a dropout
prevention
and
recovery
community school that offers a credential-only program so that each
student enrolled in that program is included only in the school's
category one career-technical education ADM, regardless of whether
the credential-only program includes programs described in division
(A)(1) of section 3317.014 of the Revised Code.

(2)
For funding purposes, the department shall count each student
enrolled in a credential-only program as a full-time student.

(3)
A dropout
prevention
and
recovery
community school that offers a credential-only program may provide
support services to students who graduate from the school to assist
them in securing post-secondary placement opportunities, including
careers with state, regional, or local labor organizations. For that
purpose, the school may use a portion of the career-technical
education funds received under section 3317.022 of the Revised Code
to provide recent graduates, in the year following their graduation
from the school, with short-term, emergency financial assistance for
expenses related to child care, housing, food insecurity,
transportation, and services including but not limited to health
care, dental care, mental health care, and addiction treatment
services.

Sec.
3317.165.
(A)(1)
For fiscal years 2026 and 2027, the department of education and
workforce shall calculate a joint vocational school district's
per-pupil local capacity amount according to the following formula:

(0.0005
X the lesser of the district's three-year average valuation or the
district's most recent valuation)
/

(the district's base cost enrolled ADM)

(2)
For fiscal year 2028 and each fiscal year thereafter, the department
shall calculate a district's per-pupil local capacity amount in a
manner determined by the general assembly.

(B)(1)
For fiscal years 2026 and 2027, the department shall calculate a
joint vocational school district's state share percentage according
to the following formula:

(The
district's base cost per pupil for the fiscal year - the district's
per-pupil local capacity amount for the fiscal year)
/

(the district's base cost per pupil for the fiscal year)

If
the result is less than 0.10, the state share percentage shall be
0.10.

(2)
For fiscal year 2028 and each fiscal year thereafter, the department
shall calculate the state share percentage for a joint vocational
school district in a manner determined by the general assembly.

Sec.
3317.20.
This
section does not apply to preschool children with disabilities.

(A)
As used in this section:

(1)
"Applicable special education amount" means the amount
specified in section 3317.013 of the Revised Code for a disability
described in that section.

(2)
"Child's school district" means the school district in
which a child is entitled to attend school pursuant to section
3313.64 or 3313.65 of the Revised Code.

(3)
"State share percentage" means the state share percentage
of the child's school district.

(B)
The department shall annually pay each county board of developmental
disabilities for each child with a disability, other than a preschool
child with a disability, for whom the county board provides special
education and related services an amount equal to the following:

(1)
For fiscal years
2024

2026

and

2025
2027
,
the statewide average base cost per pupil + (state share percentage X
the applicable special education multiple X the statewide average
base cost per pupil);

(2)
For fiscal year
2026

2028

and
each fiscal year thereafter, an amount determined by the general
assembly.

(C)
Each county board of developmental disabilities shall report to the
department, in the manner specified by the department, the name of
each child for whom the county board of developmental disabilities
provides special education and related services and the child's
school district.

(D)(1)
For the purpose of verifying the accuracy of the payments under this
section, the department may request from either of the following
entities the data verification code assigned under division (D)(2) of
section 3301.0714 of the Revised Code to any child who is placed with
a county board of developmental disabilities:

(a)
The child's school district;

(b)
The independent contractor engaged to create and maintain data
verification codes.

(2)
Upon a request by the department under division (D)(1) of this
section for the data verification code of a child, the child's school
district shall submit that code to the department in the manner
specified by the department. If the child has not been assigned a
code, the district shall assign a code to that child and submit the
code to the department by a date specified by the department. If the
district does not assign a code to the child by the specified date,
the department shall assign a code to the child.

The
department annually shall submit to each school district the name and
data verification code of each child residing in the district for
whom the department has assigned a code under this division.

(3)
The department shall not release any data verification code that it
receives under division (D) of this section to any person except as
provided by law.

(E)
Any document relative to special education and related services
provided by a county board of developmental disabilities that the
department holds in its files that contains both a student's name or
other personally identifiable information and the student's data
verification code shall not be a public record under section 149.43
of the Revised Code.

Sec.
3317.201.
This
section does not apply to preschool children with disabilities.

(A)
As used in this section, the "total special education amount"
for an institution means the following:

(1)
For fiscal years
2024

2026

and

2025
2027
,
the sum of the following amounts:

(a)
The number of children certified by the institution under division
(G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving
services for a disability described in division (A) of section
3317.013 of the Revised Code multiplied by the multiple specified in
that division multiplied by the statewide average base cost per
pupil;

(b)
The number of children certified by the institution under division
(G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving
services for a disability described in division (B) of section
3317.013 of the Revised Code multiplied by the multiple specified in
that division multiplied by the statewide average base cost per
pupil;

(c)
The number of children certified by the institution under division
(G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving
services for a disability described in division (C) of section
3317.013 of the Revised Code multiplied by the multiple specified in
that division multiplied by the statewide average base cost per
pupil;

(d)
The number of children certified by the institution under division
(G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving
services for a disability described in division (D) of section
3317.013 of the Revised Code multiplied by the multiple specified in
that division multiplied by the statewide average base cost per
pupil;

(e)
The number of children certified by the institution under division
(G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving
services for a disability described in division (E) of section
3317.013 of the Revised Code multiplied by the multiple specified in
that division multiplied by the statewide average base cost per
pupil;

(f)
The number of children certified by the institution under division
(G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving
services for a disability described in division (F) of section
3317.013 of the Revised Code multiplied by the multiple specified in
that division multiplied by the statewide average base cost per
pupil.

(2)
For fiscal year
2026

2028

and
each fiscal year thereafter, the sum of the following amounts:

(a)
An amount calculated in a manner determined by the general assembly
times the number of children certified by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a disability described in division (A) of
section 3317.013 of the Revised Code;

(b)
An amount calculated in a manner determined by the general assembly
times the number of children certified by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a disability described in division (B) of
section 3317.013 of the Revised Code;

(c)
An amount calculated in a manner determined by the general assembly
times the number of children certified by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a disability described in division (C) of
section 3317.013 of the Revised Code;

(d)
An amount calculated in a manner determined by the general assembly
times the number of children certified by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a disability described in division (D) of
section 3317.013 of the Revised Code;

(e)
An amount calculated in a manner determined by the general assembly
times the number of children certified by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a disability described in division (E) of
section 3317.013 of the Revised Code;

(f)
An amount calculated in a manner determined by the general assembly
times the number of children certified by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a disability described in division (F) of
section 3317.013 of the Revised Code.

(B)
For each fiscal year, the department of education and workforce shall
pay each state institution required to provide special education
services under division (A) of section 3323.091 of the Revised Code
an amount equal to the institution's total special education amount.

Sec.
3317.22.
(A)
As used in this section:

(1)
"Eligible internet- or computer-based community school"
means an internet- or computer-based community school
in
which a majority of the students were enrolled in
that
is
a
dropout prevention and recovery
program
community
school, as defined in section 3314.02 of the Revised Code
.

(2)
"Statewide average base cost per-pupil" has the same
meaning as in section 3317.02 of the Revised Code.

(3)
"Internet- or computer-based community school" has the same
meaning as in section 3314.02 of the Revised Code.

(B)
The department of education and workforce shall establish a program
to provide additional funding for students enrolled in grades eight
through twelve in eligible internet- or computer-based community
schools. An eligible internet- or computer-based community school may
choose to participate in the program by notifying the department not
later than the first day of February of the school year in which the
school will participate in the program in a form and manner
determined by the department.

(C)
The department shall require each eligible internet- or
computer-based community school that chooses to participate in the
program to report all information that is necessary to make payments
under division (D) of this section.

(D)
The department shall calculate an additional payment for each
eligible internet- or computer-based community school that chooses to
participate in the program, as follows:

(1)
Compute the lesser of the following for each student enrolled in
grades eight through twelve:

(a)
The statewide average base cost per-pupil X the maximum full-time
equivalency for the portion of the school year for which the student
is enrolled in the school;

(b)
The sum of the following:

(i)
A one-time payment of $1,750. In the case of a student enrolled in
the school for the first time for the school year for which the
payment is being made, payment shall be made under division
(D)(1)(b)(i) of this section at least thirty days after the student
is considered to be enrolled in the school in accordance with
division (H)(2) of section 3314.08 of the Revised Code, provided the
student has been continuously enrolled in the school during that
time, as determined by the department. In the case of a student that
was enrolled in the school for the prior school year, payment shall
be made under division (D)(1)(b)(i) of this section at least thirty
days after the student has started to participate in learning
opportunities for the school year for which the payment is being
made, provided the student has been continuously enrolled in the
school during that time, as determined by the department.

(ii)
The statewide average base cost per-pupil X (1/920) X the lesser of
the number of hours the student participates in learning
opportunities in that fiscal year or 920;

(iii)
The lesser of ($500 X either the number of courses completed by the
student in that fiscal year, in the case of a student enrolled in
grade eight, or the number of credits earned by the student in that
fiscal year, in the case of a student enrolled in grades nine through
twelve) or $2,500.

(2)
Compute the sum of the amounts calculated under division (D)(1) of
this section for all students enrolled in grades eight through
twelve.

(3)
Compute the school's payment in accordance with the following
formula:

(The
amount determined under division (D)(2) of this section) - (the
number of full-time equivalent students enrolled in grades eight
through twelve in the school X the statewide average base cost
per-pupil)

If
the amount computed under division (D)(3) is a negative number, the
school shall not receive a payment under this section.

(E)(1)
The department may complete a review of the enrollment of each
eligible internet- or computer-based community school that chooses to
participate in the program in accordance with division (K) of section
3314.08 of the Revised Code. If the department determines a school
has been overpaid based on a review completed under division (E)(1)
of this section, the department shall require a repayment of the
overpaid funds and may require the school to establish a plan to
improve the reporting of enrollment.

(2)
To the extent that an eligible internet- or computer-based community
school that chooses to participate in the program had, for the prior
school year, a percentage of student engagement in learning
opportunities that was less than sixty-five per cent, the school
shall provide to the department a meaningful plan for increasing
student engagement.

(3)
All eligible internet- or computer-based community schools that
choose to participate in the program shall implement programming or
protocol which documents enrollment and participation in learning
opportunities in order to participate in the program.

Sec.
3317.25.
(A)
As used in this section, "disadvantaged pupil impact aid"
means the following:

(1)
For a city, local, or exempted village school district, the funds
received under division (A)(4)(a) of section 3317.022 of the Revised
Code;

(2)
For a joint vocational school district, the funds received under
division (A)(3) of section 3317.16 of the Revised Code;

(3)
For a community school established under Chapter 3314. of the Revised
Code, the funds received under division (A)(4)(b) of section 3317.022
of the Revised Code;

(4)
For a STEM school established under Chapter 3326. of the Revised
Code, the funds received under division (A)(4)(b) of section 3317.022
of the Revised Code.

(B)(1)
For fiscal years
2024

2026

and

2025
2027
,
a city, local, exempted village, or joint vocational school district,
community school, or STEM school shall spend the disadvantaged pupil
impact aid it receives for any of the following initiatives or a
combination of any of the following initiatives:

(a)
Extended school day and school year;

(b)
Reading improvement and intervention that is aligned with the science
of reading and evidence-based strategies for effective literacy
instruction;

(c)
Instructional technology or blended learning;

(d)
Professional development in the science of reading and evidence-based
strategies for effective literacy instruction for teachers of
students in kindergarten through third grade;

(e)
Dropout prevention;

(f)
School safety and security measures;

(g)
Community learning centers that address barriers to learning;

(h)
Academic interventions for students in any of grades six through
twelve;

(i)
Employment of an individual who has successfully completed the bright
new leaders for Ohio schools program as a principal or an assistant
principal under section 3319.272 of the Revised Code;

(j)
Mental health services, including telehealth services,
community-based behavioral health services, and recovery supports;

(k)
Culturally appropriate, evidence-based or evidence-informed
prevention services, including youth-led programming and curricula to
promote mental health and prevent substance use and suicide, and
trauma-informed services;

(l)
Services for homeless youth;

(m)
Services for child welfare involved youth;

(n)
Community liaisons or programs that connect students to community
resources, including behavioral wellness coordinators and city
connects, communities in schools, and other similar programs;

(o)
Physical health care services, including telehealth services and
community-based health services;

(p)
Family engagement and support services;

(q)
Student services provided prior to or after the regularly scheduled
school day or any time school is not in session, including mentoring
programs.

(2)
For fiscal year
2026

2028

and
each fiscal year thereafter, each city, local, exempted village, and
joint vocational school district, community school, and STEM school
shall spend the disadvantaged pupil impact aid it receives for one or
more initiatives specified by the general assembly.

(C)(1)
For fiscal years
2024

2026

and

2025
2027
,
each city, local, exempted village, and joint vocational school
district, community school, and STEM school that is subject to the
requirements of this section shall develop a plan for utilizing the
disadvantaged pupil impact aid it receives in coordination with at
least one of the following community partners:

(a)
A board of alcohol, drug addiction, and mental health services
established under Chapter 340. of the Revised Code;

(b)
An educational service center;

(c)
A county board of developmental disabilities;

(d)
A
community-based

community

mental
health
prevention
or
treatment
provider;

(e)
A board of health of a city or general health district;

(f)
A county department of job and family services;

(g)
A nonprofit organization with experience serving children;

(h)
A public hospital agency.

(2)
For fiscal year
2026

2028

and
each fiscal year thereafter, each city, local, exempted village, and
joint vocational school district, community school, and STEM school
that is subject to the requirements of this section shall develop a
plan for utilizing the disadvantaged pupil impact aid it receives in
the manner specified by the general assembly, if the general assembly
requires city, local, exempted village, and joint vocational school
districts, community schools, and STEM schools to develop such a
plan.

(D)
After the end of each fiscal year, each city, local, exempted
village, or joint vocational school district, community school, and
STEM school shall submit a report to the department of education and
workforce describing the initiative or initiatives on which the
district's or school's disadvantaged pupil impact aid were spent
during that fiscal year. For fiscal years
2024

2026

and

2025
2027
,
this report shall be submitted in a manner prescribed by the
department and shall also describe the amount of money that was spent
on each initiative.

(E)
Starting in 2015, the department shall submit a report of the
information it receives under division (C) of this section to the
general assembly not later than the first day of December of each
odd-numbered year in accordance with section 101.68 of the Revised
Code.

Sec.
3317.27.
The
quality community school support program is established. Under the
program, the department of education and workforce shall pay each
community school established under Chapter 3314. of the Revised Code
and designated as a community school of quality under section 3317.28
of the Revised Code an amount up to three thousand dollars in each
fiscal year for each student identified as economically disadvantaged
and up to two thousand two hundred fifty dollars in each fiscal year
for each student that is not identified as economically
disadvantaged. The payment for a fiscal year shall be calculated
using the adjusted full-time equivalent number of students enrolled
in the school for that fiscal year as of the date the payment is
made, as reported by the school under section 3314.08 of the Revised
Code. The department shall make periodic payments to each designated
school beginning in January of that fiscal year.

Sec.
3317.28.
Not
later than the thirty-first day of December of each fiscal year, the
department of education and workforce shall designate as a community
school of quality each community school established under Chapter
3314. of the Revised Code that meets the criteria established in
division (A), (B), (C), (D), or (E) of this section.

(A)
A community school qualifies as a community school of quality if the
school meets all of the following criteria:

(1)
The school's sponsor was rated "exemplary" or "effective"
on the sponsor's most recent evaluation conducted under section
3314.016 of the Revised Code.

(2)
The school received a higher performance index score than the school
district in which the school is located on the two most recent report
cards issued for the school under section 3302.03 of the Revised
Code.

(3)
The school received a performance rating of four stars or higher for
the progress component on the most recent report card issued for the
school under section 3302.03 of the Revised Code or is a school
described under division (B) of section 3314.35 of the Revised Code
and did not receive a rating for the progress component on the most
recent report card.

(4)
At least fifty per cent of the students enrolled in the school in the
prior fiscal year were economically disadvantaged, as determined by
the department.

(B)
A community school qualifies as a community school of quality if the
school meets all of the following criteria:

(1)
The school's sponsor was rated "exemplary" or "effective"
on the sponsor's most recent evaluation conducted under section
3314.016 of the Revised Code.

(2)
The school received a higher performance index score than the school
district in which the school is located on the most recent report
card issued for the school under section 3302.03 of the Revised Code.

(3)
The school received a performance rating of three stars or higher for
the progress component on the most recent report card issued for the
school under section 3302.03 of the Revised Code.

(4)
The school received a performance rating of three stars or higher for
the achievement component on the most recent report card issued for
the school under section 3302.03 of the Revised Code.

(C)
A community school qualifies as a community school of quality if the
school meets all of the following criteria:

(1)
The school's sponsor was rated "exemplary" or "effective"
on the sponsor's most recent evaluation conducted under section
3314.016 of the Revised Code.

(2)
The school is in its first year of operation or the school opened as
a kindergarten school and has added one grade per year and has been
in operation for less than four school years.

(3)
The school is replicating an operational and instructional model used
by a community school described in division (A) of this section.

(4)
If the school has an operator, the operator received a rating of
three stars or better on its most recent performance report published
under section 3314.031 of the Revised Code.

(D)
A community school qualifies as a community school of quality if the
school meets all of the following criteria:

(1)
The school's sponsor was rated "exemplary" or "effective"
on the sponsor's most recent evaluation conducted under section
3314.016 of the Revised Code.

(2)
The school satisfies either of the following:

(a)
The school contracts with an operator that operates schools in other
states and meets at least one of the following criteria:

(i)
Has operated a school that received a grant funded through the
federal charter school program established under 20 U.S.C. 7221
within the five years prior to the date of application or received
funding from the charter school growth fund;

(ii)
Meets all of the following criteria:

(I)
One of the operator's schools in another state performed better than
the school district in which the school is located, as determined by
the department.

(II)
At least fifty per cent of the total number of students enrolled in
all of the operator's schools are economically disadvantaged, as
determined by the department.

(III)
The operator is in good standing in all states where it operates
schools, as determined by the department.

(IV)
The department has determined that the operator does not have any
financial viability issues that would prevent it from effectively
operating a community school in Ohio.

(b)
The school is replicating an operational and instructional model
through an agreement with a college or university used by a community
school or its equivalent in another state that performed better than
the school district in which the school is located, as determined by
the department.

(3)
The school is in its first year of operation or, if not in its first
year of operation and qualifying under division (D)(2)(b) of this
section, meets either of the following conditions:

(a)
The school opened on July 1, 2022, and has not previously been
designated as a community school of quality under this section, in
which case the first payment under section 3317.27 of the Revised
Code shall be made on or before January 31, 2024, and shall be
calculated based on the adjusted full-time equivalent number of
students enrolled in the school for fiscal year 2024.

(b)
The school opened on or after July 1, 2019, and has not previously
been designated as a community school of quality under this section,
in which case the first payment under section 3317.27 of the Revised
Code shall be made within thirty days of the effective date of this
section and shall be calculated based on the adjusted full-time
equivalent number of students enrolled in the school for the fiscal
year for which the payment is being made.

(E)
A community school qualifies as a community school of quality if it
meets all of the following criteria:

(1)
The school is a dropout prevention and recovery school as defined
under section 3314.02 of the Revised Code.

(2)
The school's sponsor was rated "exemplary" or "effective"
on the sponsor's most recent evaluation conducted under section
3314.016 of the Revised Code.

(3)
The school received an "exceeds standards" on the
performance indicator prescribed under division (C)(2) of section
3314.017 of the Revised Code on the two most recent report cards
issued for the school under section 3314.017 of the Revised Code.

(4)
The school is not an internet- or computer-based community school.

(F)
A school designated as a community school of quality under division
(A), (B), (C), or (E) of this section shall maintain that designation
for the two fiscal years following the fiscal year in which the
school was initially designated as a community school of quality. A
school designated as a community school of quality under division (D)
of this section shall maintain that designation for the four fiscal
years following the fiscal year in which the school was initially
designated as a community school of quality.

(G)
A school designated a community school of quality may renew its
designation each year that it satisfies the criteria under division
(A) or (B) of this section. The school shall maintain that
designation for the two fiscal years following each fiscal year in
which the criteria under division (A) or (B) of this section are
satisfied.

(H)
A school that was designated as a community school of quality for the
first time under division (C) of this section for the 2022-2023
school year shall be considered to have maintained that designation
for the 2022-2023 school year, shall maintain that designation
through the 2029-2030 school year, and may renew its designation
under division (G) of this section after that year.

(I)
If two or more community schools have merged or merge in accordance
with division (B) of section 3314.0211 of the Revised Code on or
after June 30, 2022, the surviving community school is eligible to
receive funds under this program, provided it otherwise qualifies as
a community school of quality under division (A), (B), (C), (D), or
(E) of this section. In such a case, the payment for a fiscal year
shall be calculated using the adjusted full-time equivalent number of
students enrolled in the school for that fiscal year as of the date
the payments are made, as reported by the surviving community school
under section 3314.08 of the Revised Code, regardless of whether
those students were previously enrolled in a community school that
was dissolved as part of the merger. A community school qualified to
receive funds under the program prior to merging on or after June 30,
2022, and was dissolved due to the merger, shall be considered to
have been eligible for funds under the program prior to the effective
date of this section and shall not be required to return any funds
received prior to that date.

Sec.
3317.29.
(A)
The quality independent STEM school support program is established.
Under the program, the department of education and workforce shall
pay each STEM school established under Chapter 3326. of the Revised
Code and designated as an independent STEM school of quality under
this section an amount up to three thousand dollars in each fiscal
year for each student identified as economically disadvantaged and up
to two thousand two hundred fifty dollars in each fiscal year for
each student that is not identified as economically disadvantaged.
The payment for a fiscal year shall be calculated using the adjusted
full-time equivalent number of students enrolled in the school for
that fiscal year as of the date the payment is made, as reported by
the school under section 3326.32 of the Revised Code. The department
shall make periodic payments to each designated school beginning in
January of a fiscal year.

(B)
Not later than the thirty-first day of December each fiscal year, the
department shall designate a STEM school as an independent STEM
school of quality if the school satisfies all of the following
criteria:

(1)
The STEM school operates autonomously under section 3326.031 of the
Revised Code.

(2)
The STEM school does not have a STEM school equivalent designation
under section 3326.032 of the Revised Code.

(3)
The STEM school is not governed by a school district under section
3326.51 of the Revised Code.

(4)
The STEM school is not a community school established under Chapter
3314. of the Revised Code.

(5)
The STEM school cannot levy taxes or issue tax-secured bonds in
accordance with section 3326.49 of the Revised Code.

(6)
The STEM school satisfies the requirements prescribed by section
3326.03 of the Revised Code.

(7)
The STEM school satisfies the requirements described in the quality
model for STEM and STEAM schools established by the department of
education and workforce in accordance with Chapter 3326. of the
Revised Code.

(C)
A school designated as an independent STEM school of quality under
this section shall maintain that designation for the two fiscal years
following the fiscal year in which the school was initially
designated as an independent STEM school of quality.

(D)
A school designated as an independent STEM school of quality may
renew its designation each year that it satisfies the criteria under
division (B) of this section. The school shall maintain that
designation for the two fiscal years following each fiscal year in
which the criteria under division (B) of this section are satisfied.
This division applies to schools designated as an independent STEM
school of quality based on the report cards issued in accordance with
sections 3302.03 and 3326.17 of the Revised Code for the 2017-2018
and 2018-2019 school years.

Sec.
3317.31.
The
department of education and workforce shall pay each community school
established under Chapter 3314. of the Revised Code and each STEM
school established under Chapter 3326. of the Revised Code an amount
equal to twenty-five dollars in each fiscal year for each full-time
equivalent student in an internet- or computer-based community school
and one thousand dollars in each fiscal year for each full-time
equivalent student in all other community or STEM schools for
assistance with the cost associated with facilities.

Sec.
3318.01.
As
used in sections 3318.01 to 3318.20 of the Revised Code:

(A)
"Ohio facilities construction commission" means the
commission created pursuant to section 123.20 of the Revised Code.

(B)
"Classroom facilities" means rooms in which pupils
regularly assemble in public school buildings to receive instruction
and education and such facilities and building improvements for the
operation and use of such rooms as may be needed in order to provide
a complete educational program, and may include space within which a
child care facility or a community resource center is housed.
"Classroom facilities" includes any space necessary for the
operation of a vocational education program for secondary students in
any school district that operates such a program.

(C)
"Project" means a project to construct or acquire classroom
facilities, or to reconstruct or make additions to existing classroom
facilities, to be used for housing the applicable school district and
its functions.

(D)
"School district" means a local, exempted village, or city
school district as such districts are defined in Chapter 3311. of the
Revised Code, acting as an agency of state government, performing
essential governmental functions of state government pursuant to
sections 3318.01 to 3318.20 of the Revised Code.

For
purposes of assistance provided under sections 3318.40 to 3318.45 of
the Revised Code, the term "school district" as used in
this section and in divisions (A), (C), and (D) of section 3318.03
and in sections 3318.031, 3318.042, 3318.07, 3318.08, 3318.083,
3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12, 3318.13,
3318.14, 3318.15, 3318.16, and 3318.20 of the Revised Code means a
joint vocational school district established pursuant to section
3311.18 of the Revised Code.

(E)
"School district board" means the board of education of a
school district.

(F)
"Net bonded indebtedness" means the difference between the
sum of the par value of all outstanding and unpaid bonds and notes
which a school district board is obligated to pay and any amounts the
school district is obligated to pay under lease-purchase agreements
entered into under section 3313.375 of the Revised Code, and the
amount held in the sinking fund and other indebtedness retirement
funds for their redemption. Notes issued for school buses in
accordance with section 3327.08 of the Revised Code, notes issued in
anticipation of the collection of current revenues, and bonds issued
to pay final judgments shall not be considered in calculating the net
bonded indebtedness.

"Net
bonded indebtedness" does not include indebtedness arising from
the acquisition of land to provide a site for classroom facilities
constructed, acquired, or added to pursuant to sections 3318.01 to
3318.20 of the Revised Code or the par value of bonds that have been
authorized by the electors and the proceeds of which will be used by
the district to provide any part of its portion of the basic project
cost.

(G)
"Board of elections" means the board of elections of the
county containing the most populous portion of the school district.

(H)
"County auditor" means the auditor of the county in which
the greatest value of taxable property of such school district is
located.

(I)
"Tax duplicates" means the general tax lists and duplicates
prescribed by sections 319.28 and 319.29 of the Revised Code.

(J)
"Required level of indebtedness" means:

(1)
In the case of school districts in the first percentile, five per
cent of the district's valuation for the year preceding the year in
which the controlling board approved the project under section
3318.04 of the Revised Code.

(2)
In the case of school districts ranked in a subsequent percentile,
five per cent of the district's valuation for the year preceding the
year in which the controlling board approved the project under
section 3318.04 of the Revised Code, plus [two one-hundredths of one
per cent multiplied by (the percentile in which the district ranks
for the fiscal year preceding the fiscal year in which the
controlling board approved the district's project minus one)].

(K)
"Required percentage of the basic project costs" means one
per cent of the basic project costs times the percentile in which the
school district ranks for the fiscal year preceding the fiscal year
in which the controlling board approved the district's project.

(L)
"Basic project cost" means a cost amount determined in
accordance with rules adopted under section 111.15 of the Revised
Code by the Ohio facilities construction commission. The basic
project cost calculation shall take into consideration the square
footage and cost per square foot necessary for the grade levels to be
housed in the classroom facilities, the variation across the state in
construction and related costs, the cost of the installation of site
utilities and site preparation, the cost of demolition of all or part
of any existing classroom facilities that are abandoned under the
project, the cost of insuring the project until it is completed, any
contingency reserve amount prescribed by the commission under section
3318.086 of the Revised Code, and the professional planning,
administration, and design fees that a school district may have to
pay to undertake a classroom facilities project.

For
a joint vocational school district that receives assistance under
sections 3318.40 to 3318.45 of the Revised Code, the basic project
cost calculation for a project under those sections shall also take
into account the types of laboratory spaces and program square
footages needed for the vocational education programs for high school
students offered by the school district.

For
a district that opts to divide its entire classroom facilities needs
into segments, as authorized by section 3318.034 of the Revised Code,
"basic project cost" means the cost determined in
accordance with this division of a segment.

(M)(1)
Except for a joint vocational school district that receives
assistance under sections 3318.40 to 3318.45 of the Revised Code, a
"school district's portion of the basic project cost" means
the amount determined under section 3318.032 of the Revised Code.

(2)
For a joint vocational school district that receives assistance under
sections 3318.40 to 3318.45 of the Revised Code, a "school
district's portion of the basic project cost" means the amount
determined under division (C) of section 3318.42 of the Revised Code.

(N)
"Child care facility" means space within a classroom
facility in which the needs of infants, toddlers, preschool children,
and school children are provided for by persons other than the parent
or guardian of such children for any part of the day, including
persons not employed by the school district operating such classroom
facility.

(O)
"Community resource center" means space within a classroom
facility in which comprehensive services that support the needs of
families and children are provided by community-based social service
providers.

(P)
"Valuation" means the total value of all property in the
school district as listed and assessed for taxation on the tax
duplicates.

(Q)
"Percentile" means the percentile in which the school
district is ranked pursuant to section 3318.011 of the Revised Code.

(R)
"Installation of site utilities" means the installation of
a site domestic water system, site fire protection system, site gas
distribution system, site sanitary system, site storm drainage
system, and site telephone and data system.

(S)
"Site preparation" means the earthwork necessary for
preparation of the building foundation system, the paved pedestrian
and vehicular circulation system, playgrounds on the project site,
and lawn and planting on the project site.

(T)
"The county auditor's
appraised

market

value"
and "effective rate" have the same meanings as in section
5705.01 of the Revised Code.

Sec.
3318.032.
(A)
Except as otherwise provided in divisions
(C)
(B),
(D),

and
(D)
(E)

of this section, the portion of the basic project cost supplied by
the school district shall be the
greater
of:

(1)
The
required
percentage of the basic project costs
;

.

(2)(a)
(B)

For
all
districts except
a
district that opts to divide its entire classroom facilities needs
into segments to be completed separately as authorized by section
3318.034 of the Revised Code,

an
amount necessary to raise the school district's net bonded
indebtedness

the
portion of the basic project cost supplied by the school district for
the first segment shall be calculated using the required percentage
of the basic project costs
,

as of the date the controlling board approved the project
,
to within five thousand dollars of the required level of
indebtedness;
.
Any future segment's portion of the basic project cost shall use the
same respective share as the first segment.

(b)
For a district that opts to divide its entire classroom facilities
needs into segments to be completed separately as authorized by
section 3318.034 of the Revised Code, an amount necessary to raise
the school district's net bonded indebtedness, as of the date the
controlling board approved the project, to within five thousand
dollars of the following:

The
required level of indebtedness X (the basic

project
cost of the segment as approved

by
the controlling board
/

the estimated basic

project
cost of the district's entire classroom facilities

needs
as determined jointly by the staff of the Ohio

facilities
construction commission and the district)

(B)
(C)

The amount of the district's share determined under this section
shall be calculated only as of the date the controlling board
approved the project, and that amount applies throughout the
sixteen-month period permitted under section 3318.05 of the Revised
Code for the district's electors to approve the propositions
described in that section. If the amount reserved and encumbered for
a project is released because the electors do not approve those
propositions within that period, and the school district later
receives the controlling board's approval for the project, subject to
a new project scope and estimated costs under section 3318.054 of the
Revised Code, the district's portion shall be recalculated in
accordance with this section as of the date of the controlling
board's subsequent approval.

(C)
(D)

At no time shall a school district's portion of the basic project
cost be greater than ninety-five per cent of the total basic project
cost.

(D)
(E)

If the controlling board approves a project under sections 3318.01 to
3318.20 of the Revised Code for a school district that previously
received assistance under those sections or section 3318.37 of the
Revised Code within the twenty-year period prior to the date on which
the controlling board approves the new project, the district's
portion of the basic project cost for the new project shall be the
lesser of the following:

(1)
The portion calculated under division (A) of this section;

(2)
The greater of the following:

(a)
The required percentage of the basic project costs for the new
project;

(b)
The percentage of the basic project cost paid by the district for the
previous project.

Sec.
3318.051.
(A)
Any city, exempted village, or local school district that commences a
project under sections 3318.01 to 3318.20, 3318.36, 3318.37, or
3318.38 of the Revised Code on or after September 5, 2006, need not
levy the tax otherwise required under division (B) of section 3318.05
of the Revised Code, if the district board of education adopts a
resolution petitioning the Ohio facilities construction commission to
approve the transfer of money in accordance with this section and the
commission approves that transfer. If so approved, the commission and
the district board shall enter into an agreement under which the
board, in each of twenty-three consecutive years beginning in the
year in which the board and the commission enter into the project
agreement under section 3318.08 of the Revised Code, shall transfer
into the maintenance fund required by division (D) of section 3318.05
of the Revised Code not less than an amount equal to one-half mill
for each dollar of the district's valuation unless and until the
agreement to make those transfers is rescinded by the district board
pursuant to division (F) of this section.

(B)
On the first day of July each year, or on an alternative date
prescribed by the commission, the district treasurer shall certify to
the commission and the auditor of state that the amount required for
the year has been transferred. The auditor of state shall include
verification of the transfer as part of any audit of the district
under section 117.11 of the Revised Code. If the auditor of state
finds that less than the required amount has been deposited into a
district's maintenance fund, the auditor of state shall notify the
district board of education in writing of that fact and require the
board to deposit into the fund, within ninety days after the date of
the notice, the amount by which the fund is deficient for the year.
If the district board fails to demonstrate to the auditor of state's
satisfaction that the board has made the deposit required in the
notice, the auditor of state shall notify the department of education
and workforce. At that time, the department shall withhold an amount
equal to ten per cent of the district's funds calculated for the
current fiscal year under Chapter 3317. of the Revised Code until the

auditor
of state
district

notifies
the department that the
auditor
of state is satisfied that the
board
has made the required transfer.

(C)
Money transferred to the maintenance fund shall be used for the
maintenance or, upon approval of the Ohio facilities construction
commission, upgrade of the facilities acquired under the district's
project.

(D)
The transfers to the maintenance fund under this section does not
affect a district's obligation to establish and maintain a capital
and maintenance fund under section 3315.18 of the Revised Code.

(E)
Any decision by the commission to approve or not approve the transfer
of money under this section is final and not subject to appeal. The
commission shall not be responsible for errors or miscalculations
made in deciding whether to approve a petition to make transfers
under this section.

(F)
If the district board determines that it no longer can continue
making the transfers agreed to under this section, the board may
rescind the agreement only so long as the electors of the district
have approved, in accordance with section 3318.063 of the Revised
Code, the levy of a tax for the maintenance of the classroom
facilities acquired under the district's project and that levy
continues to be collected as approved by the electors. That levy
shall be for a number of years that is equal to the difference
between twenty-three years and the number of years that the district
made transfers under this section and shall be at the rate of not
less than one-half mill for each dollar of the district's valuation.
The district board shall continue to make the transfers agreed to
under this section until that levy has been approved by the electors.

Sec.
3318.06.
(A)
After receipt of the conditional approval of the Ohio facilities
construction commission, the school district board by a majority of
all of its members shall, if it desires to proceed with the project,
declare all of the following by resolution:

(1)
That by issuing bonds in an amount equal to the school district's
portion of the basic project cost the district is unable to provide
adequate classroom facilities without assistance from the state;

(2)
Unless the school district board has resolved to transfer money in
accordance with section 3318.051 of the Revised Code or to apply the
proceeds of a property tax or the proceeds of an income tax, or a
combination of proceeds from such taxes, as authorized under section
3318.052 of the Revised Code, that to qualify for such state
assistance it is necessary to do either of the following:

(a)
Levy a tax outside the ten-mill limitation the proceeds of which
shall be used to pay the cost of maintaining and upgrading the
classroom facilities included in the project. The use of the proceeds
for upgrades is subject to the approval by the commission under
division (E) of section 3318.05 of the Revised Code.

(b)
Earmark for maintenance of classroom facilities from the proceeds of
an existing permanent improvement tax levied under section 5705.21 of
the Revised Code, if such tax can be used for maintenance, an amount
equivalent to the amount of the additional tax otherwise required
under this section and sections 3318.05 and 3318.08 of the Revised
Code.

(3)
That the question of any tax levy specified in a resolution described
in division (A)(2)(a) of this section, if required, shall be
submitted to the electors of the school district at the next general
or primary election, if there be a general or primary election not
less than ninety and not more than one hundred ten days after the day
of the adoption of such resolution or, if not, at a special election
to be held at a time specified in the resolution which shall be not
less than ninety days after the day of the adoption of the resolution
and which shall be in accordance with the requirements of section
3501.01 of the Revised Code.

Such
resolution shall also state that the question of issuing bonds of the
board shall be combined in a single proposal with the question of
such tax levy. More than one election under this section may be held
in any one calendar year. Such resolution shall specify both of the
following:

(a)
That the rate which it is necessary to levy shall be at the rate of
not less than one-half mill for each one dollar of taxable value, and
that such tax shall be levied for a period of twenty-three years;

(b)
That the proceeds of the tax shall be used to pay the cost of
maintaining the classroom facilities included in the project or
upgrading those facilities if approved by the commission.

(B)
A copy of a resolution adopted under division (A) of this section
shall after its passage and not less than ninety days prior to the
date set therein for the election be certified to the county board of
elections.

The
resolution of the school district board, in addition to meeting other
applicable requirements of section 133.18 of the Revised Code, shall
state that the amount of bonds to be issued will be an amount equal
to the school district's portion of the basic project cost, and state
the maximum maturity of the bonds which may be any number of years
not exceeding the term calculated under section 133.20 of the Revised
Code as determined by the board. In estimating the amount of bonds to
be issued, the board shall take into consideration the amount of
moneys then in the bond retirement fund and the amount of moneys to
be collected for and disbursed from the bond retirement fund during
the remainder of the year in which the resolution of necessity is
adopted.

If
the bonds are to be issued in more than one series, the resolution
may state, in addition to the information required to be stated under
division (B)(3) of section 133.18 of the Revised Code, the number of
series, which shall not exceed five, the principal amount of each
series, and the approximate date each series will be issued, and may
provide that no series, or any portion thereof, may be issued before
such date. Upon such a resolution being certified to the county
auditor as required by division (C) of section 133.18 of the Revised
Code, the county auditor, in calculating, advising, and confirming
the estimated average annual property tax levy under that division,
shall also calculate, advise, and confirm by certification the
estimated average property tax levy for each series of bonds to be
issued.

Notice
of the election shall include the fact that the tax levy shall be at
the rate of not less than one-half mill for each one dollar of
taxable value for a period of twenty-three years, and that the
proceeds of the tax shall be used to pay the cost of maintaining or
upgrading the classroom facilities included in the project. The
notice shall also express the rate in dollars for each one hundred
thousand dollars of the county auditor's
appraised

market

value
and the county auditor's estimate of the amount the tax levy is
estimated to collect for each tax year it is levied, as certified
pursuant to section 5705.03 of the Revised Code.

If
the bonds are to be issued in more than one series, the board of
education, when filing copies of the resolution with the board of
elections as required by division (D) of section 133.18 of the
Revised Code, may direct the board of elections to include in the
notice of election the principal amount and approximate date of each
series, the maximum number of years over which the principal of each
series may be paid, the estimated additional average property tax
levy for each series, and the first calendar year in which the tax is
expected to be due for each series, in addition to the information
required to be stated in the notice under divisions (E)(3)(a), (b),
(c), (e), and (f) of section 133.18 of the Revised Code.

(C)(1)
Except as otherwise provided in division (C)(2) of this section, the
form of the ballot to be used at such election shall be:

"A
majority affirmative vote is necessary for passage.

Shall
bonds be issued by the ____________ (here insert name of school
district) school district to pay the local share of school
construction under the State of Ohio Classroom Facilities Assistance
Program in the principal amount of $____________ (here insert
principal amount of the bond issue), to be repaid annually over a
maximum period of ____________ (here insert the maximum number of
years over which the principal of the bonds may be paid) years, and
an annual levy of property taxes be made outside the ten-mill
limitation, estimated by the county auditor to average over the
repayment period of the bond issue ____________ mills for each $1 of
taxable value, which amounts to $____________ for each $100,000 of
the county auditor's
appraised

market

value
to pay the annual debt charges on the bonds and to pay debt charges
on any notes issued in anticipation of the bonds?"

and,
unless the additional levy

of
taxes is not required pursuant

to
division (C) of section

3318.05
of the Revised Code,

"Shall
an additional levy of taxes be made for a period of twenty-three
years to benefit the ____________ (here insert name of school
district) school district, the proceeds of which shall be used to pay
the cost of maintaining (or upgrading if approved by the commission)
the classroom facilities included in the project, that the county
auditor estimates will collect $_____ annually, at the rate of
__________ (here insert the number of mills, which shall not be less
than one-half mill) mills for each $1 of taxable value, which amounts
to $________ for each $100,000 of the county auditor's
appraised

market

value?

FOR
THE BOND ISSUE AND TAX LEVY

AGAINST
THE BOND ISSUE AND TAX LEVY

"

(2)
If authority is sought to issue bonds in more than one series and the
board of education so elects, the form of the ballot shall be as
prescribed in section 3318.062 of the Revised Code. If the board of
education elects the form of the ballot prescribed in that section,
it shall so state in the resolution adopted under this section.

(D)
If it is necessary for the school district to acquire a site for the
classroom facilities to be acquired pursuant to sections 3318.01 to
3318.20 of the Revised Code, the district board may propose either to
issue bonds of the board or to levy a tax to pay for the acquisition
of such site, and may combine the question of doing so with the
questions specified in division (B) of this section. Bonds issued
under this division for the purpose of acquiring a site are a general
obligation of the school district and are Chapter 133. securities.

The
form of that portion of the ballot to include the question of either
issuing bonds or levying a tax for site acquisition purposes shall be
one of the following:

(1)
"Shall bonds be issued by the ____________ (here insert name of
the school district) school district to pay costs of acquiring a site
for classroom facilities under the State of Ohio Classroom Facilities
Assistance Program in the principal amount of $__________ (here
insert principal amount of the bond issue), to be repaid annually
over a maximum period of __________ (here insert maximum number of
years over which the principal of the bonds may be paid) years, and
an annual levy of property taxes be made outside the ten-mill
limitation, estimated by the county auditor to average over the
repayment period of the bond issue __________ mills for each $1 of
taxable value, which amounts to $__________ for each $100,000 of the
county auditor's
appraised

market

value
to pay the annual debt charges on the bonds and to pay debt charges
on any notes issued in anticipation of the bonds?"

(2)
"Shall an additional levy of taxes outside the ten-mill
limitation be made for the benefit of the __________ (here insert
name of the school district) school district for the purpose of
acquiring a site for classroom facilities in the sum of $_________
(here insert annual amount the levy is to produce) estimated by the
county auditor to average ________ mills for each $1 of taxable
value, which amounts to $________ for each $100,000 of the county
auditor's
appraised

market

value,
for a period of _________ (here insert number of years the millage is
to be imposed) years?"

Where
it is necessary to combine the question of issuing bonds of the
school district and levying a tax as described in division (B) of
this section with the question of issuing bonds of the school
district for acquisition of a site, the question specified in that
division to be voted on shall be "For the Bond Issues and the
Tax Levy" and "Against the Bond Issues and the Tax Levy."

Where
it is necessary to combine the question of issuing bonds of the
school district and levying a tax as described in division (B) of
this section with the question of levying a tax for the acquisition
of a site, the question specified in that division to be voted on
shall be "For the Bond Issue and the Tax Levies" and
"Against the Bond Issue and the Tax Levies."

Where
the school district board chooses to combine the question in division
(B) of this section with any of the additional questions described in
divisions (A) to (D) of section 3318.056 of the Revised Code, the
question specified in division (B) of this section to be voted on
shall be "For the Bond Issues and the Tax Levies" and
"Against the Bond Issues and the Tax Levies."

If
a majority of those voting upon a proposition hereunder which
includes the question of issuing bonds vote in favor thereof, and if
the agreement provided for by section 3318.08 of the Revised Code has
been entered into, the school district board may proceed under
Chapter 133. of the Revised Code, with the issuance of bonds or bond
anticipation notes in accordance with the terms of the agreement.

Sec.
3318.061.
This
section applies only to school districts eligible to receive
additional assistance under division (B)(2) of section 3318.04 of the
Revised Code.

The
board of education of a school district in which a tax described by
division (B) of section 3318.05 and levied under section 3318.06 of
the Revised Code is in effect, may adopt a resolution by vote of a
majority of its members to extend the term of that tax beyond the
expiration of that tax as originally approved under that section. The
school district board may include in the resolution a proposal to
extend the term of that tax at the rate of not less than one-half
mill for each dollar of taxable value for a period of twenty-three
years from the year in which the school district board and the Ohio
facilities construction commission enter into an agreement under
division (B)(2) of section 3318.04 of the Revised Code or in the
following year, as specified in the resolution. Such a resolution may
be adopted at any time before such an agreement is entered into and
before the tax levied pursuant to section 3318.06 of the Revised Code
expires. If the resolution is combined with a resolution to issue
bonds to pay the school district's portion of the basic project cost,
it shall conform with the requirements of divisions (A)(1), (2), and
(3) of section 3318.06 of the Revised Code, except that the
resolution also shall state that the tax levy proposed in the
resolution is an extension of an existing tax levied under that
section. A resolution proposing an extension adopted under this
section does not take effect until it is approved by a majority of
electors voting in favor of the resolution at a general, primary, or
special election as provided in this section.

A
tax levy extended under this section is subject to the same terms and
limitations to which the original tax levied under section 3318.06 of
the Revised Code is subject under that section, except the term of
the extension shall be as specified in this section.

The
school district board and the county auditor shall proceed in the
same manner as required for a tax levy under section 5705.03 of the
Revised Code. The board shall certify a copy of the resolution
adopted under this section and the auditor's certification to the
proper county board of elections not later than ninety days before
the date set in the resolution as the date of the election at which
the question will be submitted to electors. The notice of the
election shall conform with the requirements of division (A)(3) of
section 3318.06 of the Revised Code, except that the notice also
shall state that the maintenance tax levy is an extension of an
existing tax levy, the levy's estimated annual collections, and the
levy's effective rate, expressed in dollars for each one hundred
thousand dollars of the county auditor's
appraised

market

value.

The
form of the ballot shall be as follows:

"Shall
the existing tax levied to pay the cost of maintaining (or upgrading
if approved by the Ohio facilities construction commission) classroom
facilities constructed with the proceeds of the previously issued
bonds, that the county auditor estimates will collect $_____
annually, at the rate of __________ (here insert the number of mills,
which shall not be less than one-half mill) mills for each $1 of
taxable value, which amounts to $________ (effective rate) for each
$100,000 of the county auditor's
appraised

market

value,
be extended until ________ (here insert the year that is twenty-three
years after the year in which the district and commission will enter
into an agreement under division (B)(2) of section 3318.04 of the
Revised Code or the following year)?

FOR
EXTENDING THE EXISTING TAX LEVY

AGAINST
EXTENDING THE EXISTING TAX LEVY

"

Section
3318.07 of the Revised Code applies to ballot questions under this
section.

Sec.
3318.062.
(A)
If authority is sought to issue bonds in more than one series to pay
the school district's portion of the basic project cost under
sections 3318.01 to 3318.20 of the Revised Code, the form of the
ballot shall be:

"Shall
bonds be issued by the __________ (here insert name of school
district) school district to pay the local share of school
construction under the State of Ohio Classroom Facilities Assistance
Program in the total principal amount of $__________ (total principal
amount of the bond issue), to be issued in ______ (number of series)
series, each series to be repaid annually over not more than ______
(maximum number of years over which the principal of each series may
be paid) years, and an annual levy of property taxes be made outside
the ten-mill limitation to pay the annual debt charges on the bonds
and on any notes issued in anticipation of the bonds, at a rate
estimated by the county auditor to average over the repayment period
of each series as follows: __________ (insert the following for each
series: "the __________ series, in a principal amount of
$__________, that the county auditor estimates will require ______
mills for each $1 of taxable value, which amounts to $______ for each
$100,000 of the county auditor's
appraised

market

value,
commencing in __________ and first payable in __________)?"

and,
unless the additional levy

of
taxes is not required pursuant

to
division (C) of section

3318.05
of the Revised Code,

"Shall
an additional levy of taxes be made for a period of twenty-three
years to benefit the __________ (here insert name of school district)
school district, the proceeds of which shall be used to pay the cost
of maintaining (or upgrading if approved by the Ohio facilities
construction commission) the classroom facilities included in the
project, that the county auditor estimates will collect $_____
annually, at the rate of __________ (here insert the number of mills,
which shall not be less than one-half mill) mills for each $1 of
taxable value, which amounts to $________ for each $100,000 of the
county auditor's
appraised

market

value?

For
the bond issue

Against
the bond issue

"

(B)
If it is necessary for the school district to acquire a site for the
classroom facilities to be acquired pursuant to sections 3318.01 to
3318.20 of the Revised Code, the district board may propose either to
issue bonds of the board or to levy a tax to pay for the acquisition
of such site, and may combine the question of doing so with the
questions specified in division (A) of this section. Bonds issued
under this division for the purpose of acquiring a site are a general
obligation of the school district and are Chapter 133. securities.

The
form of that portion of the ballot to include the question of either
issuing bonds or levying a tax for site acquisition purposes shall be
one of the forms prescribed in division (D) of section 3318.06 of the
Revised Code.

(C)
Where the school district board chooses to combine the question in
division (A) of this section with any of the additional questions
described in divisions (A) to (D) of section 3318.056 of the Revised
Code, the question specified in division (A) of this section to be
voted on shall be "For the Bond Issues and the Tax Levies"
and "Against the Bond Issues and the Tax Levies."

(D)
If a majority of those voting upon a proposition prescribed in this
section which includes the question of issuing bonds vote in favor of
that issuance, and if the agreement prescribed in section 3318.08 of
the Revised Code has been entered into, the school district board may
proceed under Chapter 133. of the Revised Code with the issuance of
bonds or bond anticipation notes in accordance with the terms of the
agreement.

Sec.
3318.063.
If
the board of education of a city, exempted village, or local school
district that has entered into an agreement under section 3318.051 of
the Revised Code to make transfers of money in lieu of levying the
tax for maintenance or upgrade of the classroom facilities included
in the district's project determines that it no longer can continue
making the transfers so agreed to and desires to rescind that
agreement, the board shall adopt the resolution to submit the
question of the tax levy prescribed in this section.

The
resolution shall declare that the question of a tax levy specified in
division (F) of section 3318.051 of the Revised Code shall be
submitted to the electors of the school district at the next general
or primary election, if there be a general or primary election not
less than seventy-five and not more than ninety-five days after the
day of the adoption of such resolution or, if not, at a special
election to be held at a time specified in the resolution which shall
be not less than seventy-five days after the day of the adoption of
the resolution and which shall be in accordance with the requirements
of section 3501.01 of the Revised Code. Such resolution shall specify
both of the following:

(A)
That the rate which it is necessary to levy shall be at the rate of
not less than one-half mill for each one dollar of taxable value, and
that such tax shall be levied for the number of years required by
division (F) of section 3318.051 of the Revised Code;

(B)
That the proceeds of the tax shall be used to pay the cost of
maintaining the classroom facilities included in the project.

A
copy of such resolution shall after its passage and not less than
seventy-five days prior to the date set therein for the election be
certified to the county board of elections.

Notice
of the election shall include the levy's estimated annual
collections, the fact that the tax levy shall be at the rate of not
less than one-half mill for each one dollar of taxable value for the
number of years required by division (F) of section 3318.051 of the
Revised Code, and that the proceeds of the tax shall be used to pay
the cost of maintaining the classroom facilities included in the
project. The notice shall also express the rate in dollars for each
one hundred thousand dollars of the county auditor's
appraised

market

value.

The
form of the ballot to be used at such election shall be:

"Shall
a levy of taxes be made for a period of ____________ (here insert the
number of years, which shall not be less than the number required by
division (F) of section 3318.051 of the Revised Code) years to
benefit the ____________ (here insert name of school district) school
district, the proceeds of which shall be used to pay the cost of
maintaining (or upgrading if approved by the Ohio facilities
construction commission) the classroom facilities included in the
project, that the county auditor estimates will collect $_____
annually, at the rate of __________ (here insert the number of mills,
which shall not be less than one-half mill) mills for each $1 of
taxable value, which amounts to $________ for each $100,000 of the
county auditor's
appraised

market

value?

FOR
THE TAX LEVY

AGAINST
THE TAX LEVY

"

Sec.
3318.12.
(A)
The Ohio facilities construction commission shall cause to be
transferred to the school district's project construction fund the
necessary amounts from amounts appropriated by the general assembly
and set aside for such purpose, from time to time as may be necessary
to pay obligations chargeable to such fund when due. All investment
earnings of a school district's project construction fund shall be
credited to the fund.

(B)(1)
The treasurer of the school district board shall disburse funds from
the school district's project construction fund, including investment
earnings credited to the fund, only upon the approval of the
commission or the commission's designated representative. The
commission or the commission's designated representative shall issue
vouchers against such fund, in such amounts, and at such times as
required by the contracts for construction of the project.

(2)
Notwithstanding anything to the contrary in division (B)(1) of this
section, the school district board may, by a duly adopted resolution,
choose to use all or part of the investment earnings of the
district's project construction fund that are attributable to the
district's contribution to the fund to pay the cost of classroom
facilities or portions or components of classroom facilities that are
not included in the district's basic project cost but that are
related to the district's project. If the district board adopts a
resolution in favor of using those investment earnings as authorized
under division (B)(2) of this section, the treasurer shall disburse
the amount as designated and directed by the board. However, if the
district board chooses to use any part of the investment earnings for
classroom facilities or portions or components of classroom
facilities that are not included in the basic project cost, as
authorized under division (B)(2) of this section, and, subsequently,
the cost of the project exceeds the amount in the project
construction fund, the district board shall restore to the project
construction fund the full amount of the investment earnings used
under division (B)(2) of this section before any additional state
moneys shall be released for the project.

(C)
After a certificate of completion has been issued for a project under
section 3318.48 of the Revised Code:

(1)
At the discretion of the school district board, any investment
earnings remaining in the project construction fund that are
attributable to the school district's contribution to the fund shall
be:

(a)
Retained in the project construction fund for future projects;

(b)
Transferred to the district's maintenance fund required by division
(B) of section 3318.05 or section 3318.43 of the Revised Code, and
the money so transferred shall be used solely for maintaining the
classroom facilities included in the project;

(c)
Transferred to the district's permanent improvement fund.

(2)
Any investment earnings remaining in the project construction fund
that are attributable to the state's contribution to the fund shall
be transferred to the commission for expenditure pursuant to sections
3318.01 to 3318.20 or sections 3318.40 to 3318.45 of the Revised
Code.

(3)
Any other surplus remaining in the school district's project
construction fund shall be transferred to the commission and the
school district board in proportion to their respective contributions
to the fund. The commission shall use the money transferred to it
under this division for expenditure pursuant to sections 3318.01 to
3318.20 or sections 3318.40 to 3318.45 of the Revised Code.

(D)
Pursuant to appropriations of the general assembly, any moneys
transferred to the commission under division (C)(2) or (3) of this
section from a project construction fund for a project under sections
3318.40 to 3318.45 of the Revised Code may be used for future
expenditures for projects under sections 3318.40 to 3318.45 of the
Revised Code
,
notwithstanding the two per cent annual limit specified

in
accordance
with
division
(B) of section 3318.40 of the Revised Code.

Sec.
3318.361.
A
school district board opting to qualify for state assistance pursuant
to section 3318.36 of the Revised Code through levying the tax
specified in division (D)(2)(a) or (D)(4) of that section shall
declare by resolution that the question of a tax levy specified in
division (D)(2)(a) or (4), as applicable, of section 3318.36 of the
Revised Code shall be submitted to the electors of the school
district at the next general or primary election, if there be a
general or primary election not less than ninety and not more than
one hundred ten days after the day of the adoption of such resolution
or, if not, at a special election to be held at a time specified in
the resolution which shall be not less than ninety days after the day
of the adoption of the resolution and which shall be in accordance
with the requirements of section 3501.01 of the Revised Code. Such
resolution shall specify both of the following:

(A)
That the rate which it is necessary to levy shall be at the rate of
not less than one-half mill for each one dollar of taxable value, and
that such tax shall be levied for a period of twenty-three years;

(B)
That the proceeds of the tax shall be used to pay the cost of
maintaining the classroom facilities included in the project or
upgrading those facilities if approved by the Ohio facilities
construction commission.

A
copy of such resolution shall after its passage and not less than
ninety days prior to the date set therein for the election be
certified to the county board of elections.

Notice
of the election shall include the levy's estimated annual
collections, the fact that the tax levy shall be at the rate of not
less than one-half mill for each one dollar of taxable value for a
period of twenty-three years, and that the proceeds of the tax shall
be used to pay the cost of maintaining or upgrading the classroom
facilities included in the project. The notice shall also express the
rate in dollars for each one hundred thousand dollars of the county
auditor's
appraised

market

value.

The
form of the ballot to be used at such election shall be:

"Shall
a levy of taxes be made for a period of twenty-three years to benefit
the ____________ (here insert name of school district) school
district, the proceeds of which shall be used to pay the cost of
maintaining (or upgrading if approved by the Ohio facilities
construction commission) the classroom facilities included in the
project, that the county auditor estimates will collect $_____
annually, at the rate of __________ (here insert the number of mills,
which shall not be less than one-half mill) mills for each $1 of
taxable value, which amounts to $________ for each $100,000 of the
county auditor's
appraised

market

value?

FOR
THE TAX LEVY

AGAINST
THE TAX LEVY

"

Sec.
3318.40.
(A)(1)
Sections 3318.40 to 3318.45 of the Revised Code apply only to joint
vocational school districts.

(2)
As used in sections 3318.40 to 3318.45 of the Revised Code:

(a)
"Ohio facilities construction commission," "classroom
facilities," "project," and "basic project cost"
have the same meanings as in section 3318.01 of the Revised Code.

(b)
"Acquisition of classroom facilities" means constructing,
reconstructing, repairing, or making additions to classroom
facilities.

(B)
There is hereby established the vocational school facilities
assistance program. Under the program, the Ohio facilities
construction commission shall provide assistance to joint vocational
school districts for the acquisition of classroom facilities suitable
to the vocational education programs of the districts in accordance
with sections 3318.40 to 3318.45 of the Revised Code.
For
purposes of the program, beginning July 1, 2003, the
The

commission

annually

may
set aside
up
to two per cent
a
portion
of
the aggregate amount appropriated to it for classroom facilities
assistance projects in the public school building fund, established
under section 3318.15 of the Revised Code, and the school building
program assistance fund, established under section 3318.25 of the
Revised Code
,
to provide assistance to at least two joint vocational school
districts per biennium. The amount set aside for this purpose shall
be determined by the commission
.

(C)
The commission shall not provide assistance for any distinct part of
a project under sections 3318.40 to 3318.45 of the Revised Code that
when completed will be used exclusively for an adult education
program or exclusively for operation of a driver training school for
instruction leading to the issuance of a commercial driver's license
under Chapter 4506. of the Revised Code, except for life safety items
and basic building components necessary for complete and continuous
construction or renovation of a classroom facility as determined by
the commission.

(D)
The commission shall not provide assistance under sections 3318.40 to
3318.45 of the Revised Code to acquire classroom facilities for
vocational educational instruction at a location under the control of
a school district that is a member of a joint vocational school
district. Any assistance to acquire classroom facilities for
vocational educational instruction at such location shall be provided
to the school district that is a member of the joint vocational
school district through other provisions of this chapter when that
member school district is eligible for assistance under those
provisions.

(E)
By September 1, 2003, the commission shall assess the classroom
facilities needs of at least five joint vocational school districts,
according to the order of priority prescribed in division (B) of
section 3318.42 of the Revised Code, and based on the results of
those assessments shall determine the extent to which amendments to
the specifications adopted under section 3318.311 of the Revised Code
are warranted. The commission, thereafter, may amend the
specifications as provided in that section.

(F)
After the commission has conducted the assessments prescribed in
division (E) of this section, the commission shall establish, by rule
adopted in accordance with section 111.15 of the Revised Code,
guidelines for the commission to use in deciding whether to waive
compliance with the design specifications adopted under section
3318.311 of the Revised Code when determining the number of
facilities and the basic project cost of projects as prescribed in
division (A)(1)(a) of section 3318.41 of the Revised Code. The
guidelines shall address the following situations:

(1)
Under what circumstances, if any, particular classroom facilities are
adequate to meet the needs of the school district even though the
facilities do not comply with the specifications adopted under
section 3318.311 of the Revised Code;

(2)
Under what circumstances, if any, particular classroom facilities
will be renovated or repaired rather than replaced by construction of
new facilities.

Sec.
3318.45.
(A)
Unless division (B) of section 3318.44 of the Revised Code applies,
if a joint vocational school district board of education proposes to
issue securities to generate all or part of the school district's
portion of the basic project cost of the school district's project
under sections 3318.40 to 3318.45 of the Revised Code, the school
district board shall adopt a resolution in accordance with Chapter
133. and section 3311.20 of the Revised Code. Unless the school
district board seeks authority to issue securities in more than one
series, the school district board shall adopt the form of the ballot
prescribed in section 133.18 of the Revised Code.

(B)
If authority is sought to issue bonds in more than one series, the
form of the ballot shall be:

"Shall
bonds be issued by the __________ (here insert name of joint
vocational school district) joint vocational school district to pay
the local share of school construction under the State of Ohio Joint
Vocational School Facilities Assistance Program in the total
principal amount of $__________ (total principal amount of the bond
issue), to be issued in ______ (number of series) series, each series
to be repaid annually over not more than ______ (maximum number of
years over which the principal of each series may be paid) years, and
an annual levy of property taxes be made outside the ten-mill
limitation to pay the annual debt charges on the bonds and on any
notes issued in anticipation of the bonds, at a rate estimated by the
county auditor to average over the repayment period of each series as
follows: __________ [insert the following for each series: "the
__________ series, in a principal amount of $__________, that the
county auditor estimates will require ______ mills for each $1 of
taxable value, which amounts to $______ for each $100,000 of the
county auditor's
appraised

market

value,
commencing in __________ and first payable in __________"]?

For
the bond issue

Against
the bond issue

"

(C)
If it is necessary for the school district to acquire a site for the
classroom facilities to be acquired pursuant to sections 3318.40 to
3318.45 of the Revised Code, the district board may propose either to
issue bonds of the board or to levy a tax to pay for the acquisition
of such site and may combine the question of doing so with the
question specified by reference in division (A) of this section or
the question specified in division (B) of this section. Bonds issued
under this division for the purpose of acquiring a site are a general
obligation of the school district and are Chapter 133. securities.

The
form of that portion of the ballot to include the question of either
issuing bonds or levying a tax for site acquisition purposes shall be
one of the following:

(1)
"Shall bonds be issued by the ____________ (here insert name of
the joint vocational school district) joint vocational school
district to pay costs of acquiring a site for classroom facilities
under the State of Ohio Joint Vocational School Facilities Assistance
Program in the principal amount of $__________ (here insert principal
amount of the bond issue), to be repaid annually over a maximum
period of __________ (here insert maximum number of years over which
the principal of the bonds may be paid) years, and an annual levy of
property taxes be made outside the ten-mill limitation, estimated by
the county auditor to average over the repayment period of the bond
issue __________ mills for each $1 of taxable value, which amounts to
$__________ for each $100,000 of the county auditor's
appraised

market

value,
to pay the annual debt charges on the bonds and to pay debt charges
on any notes issued in anticipation of the bonds?"

(2)
"Shall an additional levy of taxes outside the ten-mill
limitation be made for the benefit of the __________ (here insert
name of the joint vocational school district) joint vocational school
district for the purpose of acquiring a site for classroom facilities
in the sum of $_________ (here insert annual amount the levy is to
produce) estimated by the county auditor to collect $_____ annually
and to average ________ mills for each $1 of taxable value, which
amounts to $_________ for each $100,000 of the county auditor's

appraised

market

value,
for a period of _________ (here insert number of years the millage is
to be imposed) years?"

Where
it is necessary to combine the question of issuing bonds of the joint
vocational school district as described in division (A) of this
section with the question of issuing bonds of the school district for
acquisition of a site, the question specified in that division to be
voted on shall be "For the bond issues" and "Against
the bond issues."

Where
it is necessary to combine the question of issuing bonds of the joint
vocational school district as described in division (A) of this
section with the question of levying a tax for the acquisition of a
site, the question specified in that division to be voted on shall be
"For the bond issue and the tax levy" and "Against the
bond issue and the tax levy."

(D)
Where the school district board chooses to combine a question
specified in this section with any of the additional questions
described in division (C) of section 3318.44 of the Revised Code, the
question to be voted on shall be "For the bond issues and the
tax levies" and "Against the bond issues and the tax
levies."

(E)
If a majority of those voting upon a proposition prescribed in this
section which includes the question of issuing bonds vote in favor of
that issuance and if the agreement prescribed in section 3318.08 of
the Revised Code has been entered into, the school district board may
proceed under Chapter 133. of the Revised Code with the issuance of
bonds or bond anticipation notes in accordance with the terms of the
agreement.

Sec.
3318.48.
(A)
When all of the following have occurred, a project undertaken by a
school district pursuant to this chapter shall be considered complete
and the Ohio facilities construction commission shall issue a
certificate of completion to the district board of education:

(1)
All facilities to be constructed under the project, as specified in
the project agreement entered into under section 3318.08 of the
Revised Code, have been completed and the board has received a
permanent certificate of occupancy for each of those facilities.

(2)
The commission has issued certificates of contract completion on all
prime construction contracts entered into by the board under section
3318.10 of the Revised Code.

(3)
The commission has completed a final accounting of the district's
project construction fund and has determined that all payments from
the fund were made in compliance with all policies of the commission.

(4)
Any litigation concerning the project has been finally resolved with
no chance of appeal.

(5)
All construction management services typically provided by the
commission to school districts have been delivered and the commission
has canceled any remaining encumbrance of funds for those services.

(B)
The commission may issue a certificate of completion to a district
board prior to all of the conditions described in division (A) of
this section being satisfied, if the commission determines that the
circumstances preventing the conditions from being satisfied are so
minor in nature that the project should be considered complete. When
issuing a certificate of completion under this division, the
commission may specify any of the following:

(1)
Any construction or work that has yet to be completed and the manner
in which the board shall oversee its completion, which may include
procedures for reporting progress to the commission and for
accounting of expenditures;

(2)
Terms and conditions for the resolution of any pending litigation;

(3)
Any remaining responsibilities of the construction manager regarding
the project.

(C)
The commission may issue a certificate of completion to a district
board that does not voluntarily participate in the process of closing
out the district's project, if the construction manager for the
project verifies that all facilities to be constructed under the
project, as specified in the project agreement entered into under
section 3318.08 of the Revised Code, have been completed and the
commission determines that those facilities have been occupied for at
least one year. In that case, all funds due to the commission under
division (C) of section 3318.12 of the Revised Code shall be returned
to the commission not later than thirty days after receipt of the
certificate of completion. If the funds due to the commission have
not been returned within sixty days after receipt of the certificate
of completion, the
auditor
of state
commission

shall

issue
a finding for recovery against the school district and shall request
legal action
certify
a claim to the attorney general for collection
under
section
117.42

131.02

of
the Revised Code.

(D)
Upon issuance of a certificate of completion under this section, the
commission's ownership of and interest in the project, as specified
in division (F) of section 3318.08 of the Revised Code, shall cease.
This cessation shall not alter or otherwise affect the state's or
commission's interest in the project or any limitations on the use of
the project as specified in the project agreement pursuant to
divisions (G), (M), and (N) of that section or as specified in
section 3318.16 of the Revised Code.

Sec.
3319.073.
(A)
The board of education of each city and exempted village school
district and the governing board of each educational service center
shall adopt or adapt the curriculum developed by the department of
education and workforce for, or shall develop in consultation with
public or private agencies or persons involved in child abuse
prevention or intervention programs, a program of in-service training
in the prevention of child abuse, violence, and substance abuse and
the promotion of positive youth development. Each person employed by
any school district or service center to work in a school as a nurse,
teacher, counselor, school psychologist, or administrator shall
complete at least four hours of the in-service training within two
years of commencing employment with the district or center, and every
five years thereafter. A person who is employed by any school
district or service center to work in an elementary school as a
nurse, teacher, counselor, school psychologist, or administrator on
March 30, 2007, shall complete at least four hours of the in-service
training not later than March 30, 2009, and every five years
thereafter. A person who is employed by any school district or
service center to work in a middle or high school as a nurse,
teacher, counselor, school psychologist, or administrator on October
16, 2009, shall complete at least four hours of the in-service
training not later than October 16, 2011, and every five years
thereafter.

(B)
Each board shall incorporate training in school safety and violence
prevention, including human trafficking content, into the in-service
training required by division (A) of this section. For this purpose,
the board shall adopt or adapt the curriculum developed by the
department or shall develop its own curriculum in consultation with
public or private agencies or persons involved in school safety and
violence prevention programs.

(C)
Each board shall incorporate training on the board's harassment,
intimidation, or bullying policy adopted under section 3313.666 of
the Revised Code into the in-service training required by division
(A) of this section. Each board also shall incorporate training in
the prevention of dating violence into the in-service training
required by that division for middle and high school employees. The
board shall develop its own curricula for these purposes.

(D)
Each board shall incorporate training in youth suicide awareness and
prevention into the in-service training required by division (A) of
this section for each person employed by a school district or service
center to work in a school as a nurse, teacher, counselor, school
psychologist, or administrator, and any other personnel that the
board determines appropriate. The board shall require each such
person to undergo training in youth suicide awareness and prevention
programs once every two years. For this purpose, the board
shall
adopt or adapt the curriculum developed by the department under
section 3301.221 of the Revised Code or
shall
develop its own curriculum in consultation with public or private
agencies or persons involved in youth suicide awareness and
prevention programs.

The
training completed under this division shall count toward the
satisfaction of requirements for professional development required by
the school district or service center board
,
and the training may be accomplished through self-review of suitable
suicide prevention materials approved by the board
.

(E)
Each board shall incorporate training on child sexual abuse into the
in-service training required by division (A) of this section. The
training completed under this division shall count toward the
satisfaction of requirements for professional development required by
the school district or service center board.
Any
training provided under this section may be presented by either of
the following, at their own discretion, so long as they have
experience in handling cases involving child sexual abuse or child
sexual violence:

(1)
Law enforcement officers;

(2)
Prosecutors
For
this purpose, the board shall develop its own curriculum in
consultation with public or private agencies or persons involved in
child sexual abuse prevention or child sexual violence prevention
.

Sec.
3319.088.
As
used in this section, "educational assistant" means any
nonteaching employee in a school district who directly assists a
teacher as defined in section 3319.09 of the Revised Code, by
performing duties for which a license issued pursuant to sections
3319.22 to 3319.30 of the Revised Code is not required.

(A)
Except as provided in division (G) of this section, the state board
of education shall issue educational aide permits and educational
paraprofessional licenses for educational assistants and shall adopt
rules for the issuance and renewal of such permits and licenses which
shall be consistent with the provisions of this section. Educational
aide permits and educational paraprofessional licenses may be of
several types and the rules shall prescribe the minimum
qualifications of education and health for the service to be
authorized under each type. The prescribed minimum qualifications may
require special training or educational courses designed to qualify a
person to perform effectively the duties authorized under an
educational aide permit or educational paraprofessional license.

(B)(1)
Except as provided in division (G) of this section, any application
for a permit or license, or a renewal or duplicate of a permit or
license, under this section shall be accompanied by the payment of a
fee in the amount established under division
(A)
(B)

of section 3319.51 of the Revised Code. Any fees received under this
division shall be paid into the state treasury to the credit of the

state
board of education licensure fund established under division (B) of
section 3319.51
occupational
licensing and regulatory fund established in section 4743.05
of
the Revised Code.

(2)
Any person applying for or holding a permit or license pursuant to
this section is subject to sections 3123.41 to 3123.50 of the Revised
Code and any applicable rules adopted under section 3123.63 of the
Revised Code and sections 3319.31 and 3319.311 of the Revised Code.

(C)
Educational assistants shall at all times while in the performance of
their duties be under the supervision and direction of a teacher as
defined in section 3319.09 of the Revised Code. Educational
assistants may assist a teacher to whom assigned in the supervision
of pupils, in assisting with instructional tasks, and in the
performance of duties which, in the judgment of the teacher to whom
the assistant is assigned, may be performed by a person not licensed
pursuant to sections 3319.22 to 3319.30 of the Revised Code and for
which a teaching license, issued pursuant to sections 3319.22 to
3319.30 of the Revised Code is not required. The duties of an
educational assistant shall not include the assignment of grades to
pupils. The duties of an educational assistant need not be performed
in the physical presence of the teacher to whom assigned, but the
activity of an educational assistant shall at all times be under the
direction of the teacher to whom assigned. The assignment of an
educational assistant need not be limited to assisting a single
teacher. In the event an educational assistant is assigned to assist
more than one teacher the assignments shall be clearly delineated and
so arranged that the educational assistant shall never be subject to
simultaneous supervision or direction by more than one teacher.

Educational
assistants assigned to supervise children shall, when the teacher to
whom assigned is not physically present, maintain the degree of
control and discipline that would be maintained by the teacher.

Educational
assistants may not be used in place of classroom teachers or other
employees and any payment of compensation by boards of education to
educational assistants for such services is prohibited. The ratio
between the number of licensed teachers and the pupils in a school
district may not be decreased by utilization of educational
assistants and no grouping, or other organization of pupils, for
utilization of educational assistants shall be established which is
inconsistent with sound educational practices and procedures. A
school district may employ up to one full time equivalent educational
assistant for each six full time equivalent licensed employees of the
district. Educational assistants shall not be counted as licensed
employees for purposes of state support in the school foundation
program and no grouping or regrouping of pupils with educational
assistants may be counted as a class or unit for school foundation
program purposes. Neither special courses required by the regulations
of the state board of education, prescribing minimum qualifications
of education for an educational assistant, nor years of service as an
educational assistant shall be counted in any way toward qualifying
for a teacher license, for a teacher contract of any type, or for
determining placement on a salary schedule in a school district as a
teacher.

(D)
Educational assistants employed by a board of education shall have
all rights, benefits, and legal protection available to other
nonteaching employees in the school district, except that provisions
of Chapter 124. of the Revised Code shall not apply to any person
employed as an educational assistant, and shall be members of the
school employees retirement system. Educational assistants shall be
compensated according to a salary plan adopted annually by the board.

Except
as provided in this section nonteaching employees shall not serve as
educational assistants without first obtaining an appropriate
educational aide permit or educational paraprofessional license from
the state board of education. A nonteaching employee who is the
holder of a valid educational aide permit or educational
paraprofessional license shall neither render nor be required to
render services inconsistent with the type of services authorized by
the permit or license held. No person shall receive compensation from
a board of education for services rendered as an educational
assistant in violation of this provision.

Nonteaching
employees whose functions are solely secretarial-clerical and who do
not perform any other duties as educational assistants, even though
they assist a teacher and work under the direction of a teacher shall
not be required to hold a permit or license issued pursuant to this
section.

Following
the determination of the assignment and general job description of an
educational assistant and subject to supervision by the teacher's
immediate administrative officer, a teacher to whom an educational
assistant is assigned shall make all final determinations of the
duties to be assigned to such assistant. Teachers shall not be
required to hold a license designated for being a supervisor or
administrator in order to perform the necessary supervision of
educational assistants.

(E)
No person who is, or who has been employed as an educational
assistant shall divulge, except to the teacher to whom assigned, or
the administrator of the school in the absence of the teacher to whom
assigned, or when required to testify in a court or proceedings, any
personal information concerning any pupil in the school district
which was obtained or obtainable by the educational assistant while
so employed. Violation of this provision is grounds for disciplinary
action or dismissal, or both.

(F)
Notwithstanding anything to the contrary in this section, the
superintendent of a school district may allow an employee who does
not hold a permit or license issued under this section to work as a
substitute for an educational assistant who is absent on account of
illness or on a leave of absence, or to fill a temporary position
created by an emergency, provided that the superintendent believes
the employee's application materials indicate that the employee is
qualified to obtain a permit or license under this section.

An
employee shall begin work as a substitute under this division not
earlier than on the date on which the employee files an application
with the state board for a permit or license under this section. An
employee shall cease working as a substitute under this division on
the earliest of the following:

(1)
The date on which the employee files a valid permit or license issued
under this section with the superintendent;

(2)
The date on which the employee is denied a permit or license under
this section;

(3)
Sixty days following the date on which the employee began work as a
substitute under this division.

The
superintendent shall ensure that an employee assigned to work as a
substitute under division (F) of this section has undergone a
criminal records check in accordance with section 3319.391 of the
Revised Code.

(G)
The state board shall issue an educational aide permit or educational
paraprofessional license in accordance with Chapter 4796. of the
Revised Code to an applicant if either of the following applies:

(1)
The applicant holds a permit or license in another state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as an educational aide or educational paraprofessional in a
state that does not issue that permit or license or both.

Sec.
3319.111.
Notwithstanding
section 3319.09 of the Revised Code, this section applies to any
person who is employed under a teacher license issued under this
chapter, or under a professional or permanent teacher's certificate
issued under former section 3319.222 of the Revised Code, and who
spends at least fifty per cent of the time employed providing student
instruction. However, this section does not apply to any person who
is employed as a substitute teacher or as an instructor of adult
education.

(A)
The board of education of each school district, in consultation with
teachers employed by the board, shall update its standards-based
teacher evaluation policy to conform with either the framework for
evaluation of teachers adopted under section 3319.112 of the Revised
Code or a framework created or adopted by the board. The policy shall
become operative at the expiration of any collective bargaining
agreement covering teachers employed by the board that is in effect
on November 2, 2018, and shall be included in any renewal or
extension of such an agreement.

(B)
When using measures of student performance as evidence in a teacher's
evaluation, those measures shall be high-quality student data. The
board of education of each school district may use data from the
assessments on the list developed under division (B)(2) of section
3319.112 of the Revised Code as high-quality student data.

(C)(1)
The board shall conduct an evaluation of each teacher employed by the
board at least once each school year, except as provided in division
(C)(2) of this section. The evaluation shall be completed by the
first day of May and the teacher shall receive a written report of
the results of the evaluation by the tenth day of May.

(2)(a)
The board may evaluate each teacher who received a rating of
accomplished on the teacher's most recent evaluation conducted under
this section once every three school years, so long as the teacher
submits a self-directed professional growth plan to the evaluator
that focuses on specific areas identified in the observations and
evaluation and the evaluator determines that the teacher is making
progress on that plan.

(b)
The board may evaluate each teacher who received a rating of skilled
on the teacher's most recent evaluation conducted under this section
once every two years, so long as the teacher and evaluator jointly
develop a professional growth plan for the teacher that focuses on
specific areas identified in the observations and evaluation and the
evaluator determines that the teacher is making progress on that
plan.

(c)
For each teacher who is evaluated pursuant to division (C)(2) of this
section, the evaluation shall be completed by the first day of May of
the applicable school year, and the teacher shall receive a written
report of the results of the evaluation by the tenth day of May of
that school year.

(d)
The board may elect not to conduct an evaluation of a teacher who
meets one of the following requirements:

(i)
The teacher was on leave from the school district for fifty per cent
or more of the school year, as calculated by the board.

(ii)
The teacher has submitted notice of retirement and that notice has
been accepted by the board not later than the first day of December
of the school year in which the evaluation is otherwise scheduled to
be conducted.

(e)
The board may elect not to conduct an evaluation of a teacher who is
participating in the teacher residency program established under
section 3319.223 of the Revised Code for the year during which that
teacher takes, for the first time, at least half of the
performance-based assessment prescribed by the state board of
education for resident educators.

(3)
In any year that a teacher is not formally evaluated pursuant to
division (C) of this section as a result of receiving a rating of
accomplished or skilled on the teacher's most recent evaluation, an
individual qualified to evaluate a teacher under division (D) of this
section shall conduct at least one observation of the teacher and
hold at least one conference with the teacher. The conference shall
include a discussion of progress on the teacher's professional growth
plan.

(D)
Each evaluation conducted pursuant to this section shall be conducted
by one or more of the following persons who hold a credential
established by the state board of education for being an evaluator:

(1)
A person who is under contract with the board pursuant to section
3319.01 or 3319.02 of the Revised Code and holds a license designated
for being a superintendent, assistant superintendent, or principal
issued under section 3319.22 of the Revised Code;

(2)
A person who is under contract with the board pursuant to section
3319.02 of the Revised Code and holds a license designated for being
a vocational director, administrative specialist, or supervisor in
any educational area issued under section 3319.22 of the Revised
Code;

(3)
A person designated to conduct evaluations under an agreement entered
into by the board, including an agreement providing for peer review
entered into by the board and representatives of teachers employed by
the board;

(4)
A person who is employed by an entity contracted by the board to
conduct evaluations and who holds a license designated for being a
superintendent, assistant superintendent, principal, vocational
director, administrative specialist, or supervisor in any educational
area issued under section 3319.22 of the Revised Code or is qualified
to conduct evaluations.

(E)
Notwithstanding division (A)(3) of section 3319.112 of the Revised
Code, the board shall require at least three formal observations of
each teacher who is under consideration for nonrenewal and with whom
the board has entered into a limited contract or an extended limited
contract under section 3319.11 of the Revised Code.

(F)
The board shall include in its evaluation policy procedures for using
the evaluation results for retention and promotion decisions and for
removal of poorly performing teachers. Seniority shall not be the
basis for a decision to retain a teacher, except when making a
decision between teachers who have comparable evaluations.

(G)
For purposes of section 3333.0411 of the Revised Code, the board
annually shall report to the state board the number of teachers for
whom an evaluation was conducted under this section and the number of
teachers assigned each rating prescribed under division (B)(1) of
section 3319.112 of the Revised Code or the equivalent framework
created or adopted by the board, aggregated by the teacher
preparation programs from which and the years in which the teachers
graduated. The state board shall establish guidelines for reporting
the information required by this division. The guidelines shall not
permit or require that the name of, or any other personally
identifiable information about, any teacher be reported under this
division.

(H)
Notwithstanding any provision to the contrary in Chapter 4117. of the
Revised Code, the requirements of this section prevail over any
conflicting provisions of a collective bargaining agreement entered
into on or after November 2, 2018.

Sec.
3319.173.
(A)
The superintendent of each school district shall assign teachers to
positions based on the best interests of the students enrolled in the
district. In assigning, reassigning, or transferring a teacher,
whether voluntary or involuntary on the part of the teacher, the
superintendent shall not use seniority or continuing contract status
as the primary factor in determining the teacher's assignment.

(B)
Notwithstanding any provision to the contrary in section 4117.10 of
the Revised Code, the requirements of this section prevail over any
conflicting provisions of agreements between employee organizations
and public employers entered into on or after the effective date of
this section.

Sec.
3319.223.
(A)
The superintendent of public instruction and the chancellor of higher
education jointly shall establish the Ohio teacher residency program,
which shall be a two-year, entry-level program for classroom
teachers. Except as provided in division (B) of this section, the
teacher residency program shall include at least the following
components:

(1)
Mentoring by teachers, which may be provided online or in person. The
state superintendent shall provide participants and mentors with
access to online professional development resources

and
sample videos of Ohio classroom lessons submitted for the assessment
prescribed under division (A)(3) of this section at no cost
.

(2)
Counseling, as determined necessary by the school district or school,
to ensure that program participants receive needed professional
development.
The
state superintendent shall provide to each participant who does not
receive a passing score on the assessment under division (A)(3) of
this section, at no cost, the opportunity to meet online with an
instructional coach who is a certified assessor of the assessment to
review the participant's assessment score results and discuss
improvement strategies and professional development.

Participants
who choose to meet with an instructional coach shall select from an
online pool of instructional coaches who have completed training and
are approved by the state superintendent. The characteristics of each
coach's school or district, including its size, typology, and
demographics, shall be made available. However, participants shall
not be required to choose an instructional coach from a similar
district or school.

Participants
who have not taken the assessment under division (A)(3) of this
section may meet online with instructional coaches approved by the
state superintendent if the participant's school district or school
pays the costs associated with the meetings.

(3)
Measures of appropriate progression through the program
,
which shall include the performance-based assessment prescribed by
the state board of education for resident educators. The state board
shall not limit the number of attempts to successfully complete the
performance-based assessment.

An
individual may submit the assessment between the first Tuesday of
October and the first Friday of April of the individual's second year
of the program. The results of the assessment shall be returned
within thirty days unless a new assessor is contracted, in which case
the results shall be returned in forty-five days
.

The
teacher evaluation system adopted under section 3319.111 of the
Revised Code may be used to assess an individual participating in the
teacher residency program.

(B)
No individual who is teaching career-technical courses under an
alternative resident educator license issued under section 3319.26 of
the Revised Code or rule of the state board shall be required to
do
either of the following:

(1)
Complete
complete

the
conditions of the Ohio teacher residency program that a participant,
as of September 29, 2015, would have been required to complete during
the participant's first and second year of teaching under an
alternative resident educator license.

(2)
Take a performance-based assessment.

(C)
The teacher residency program shall be aligned with the standards for
teachers adopted by the state board under section 3319.61 of the
Revised Code and best practices identified by the superintendent of
public instruction.

(D)
Each person who holds a resident educator license issued under
section 3319.22 or 3319.227 of the Revised Code or an alternative
resident educator license issued under section 3319.26 of the Revised
Code shall participate in the teacher residency program. Successful
completion of the program shall be required to qualify any such
person for a professional educator license issued under section
3319.22 of the Revised Code.

Sec.
3319.236.
(A)
Except as provided in
section
3313.6033 of the Revised Code or in
division
(B) or (E) of this section, a school district shall require an
individual to hold a valid educator license in computer science, or
have a license endorsement in computer technology and a passing score
on a content examination in the area of computer science, to teach
computer science courses.

(B)
A school district may employ an individual, for the purpose of
teaching computer science courses, who holds a valid educator
license, provided the individual meets the requirements established
by rules of the state board of education to qualify for a
supplemental teaching license for teaching computer science. The
rules shall require an applicant for a supplemental teaching license
to pass a content examination in the area of computer science. The
rules also shall permit an individual, after at least two years of
successfully teaching computer science courses under the supplemental
teaching license, to advance to a standard educator license in
computer science by completing a pedagogy course applicable to the
grade levels in which the individual is teaching. However, the rules
may exempt an individual teaching computer science from the
requirement to complete a pedagogy course if the individual
previously completed a pedagogy course applicable to the grade levels
in which the individual is teaching.

(C)
In order for an individual to teach advanced placement computer
science courses, a school district shall require the individual to
also complete a professional development program endorsed or provided
by the organization that creates and administers national advanced
placement examinations. For this purpose, the individual may complete
the program at any time during the calendar year.

(D)
Notwithstanding section 3301.012 of the Revised Code, as used in this
section, "computer science courses" means any courses that
are reported in the education management information system
established under section 3301.0714 of the Revised Code as computer
science courses and which are aligned to computer science standards
adopted by the department of education and workforce.

(E)
The state board of education shall adopt rules to create a computer
science teaching license for industry professionals to teach computer
science to specific grades. The holder of a computer science teaching
license for industry professionals shall be limited to teaching forty
hours in a week in the subject area of computer science. The
superintendent of public instruction shall consult with the
chancellor of higher education in creating and revising the
requirements for computer science teacher licensure.

(F)
Licenses issued under this section shall specify whether the educator
is licensed to teach grades kindergarten through twelve,
pre-kindergarten through five, grades four through nine, or grades
seven through twelve.

Sec.
3319.2310.
(A)
As used in this section, "other public school" has the same
meaning as in section 3301.0711 of the Revised Code.

(B)
The department of education and workforce shall do both of the
following:

(1)
Maintain a training course for licensed educators that serves as an
introduction to the science of reading;

(2)
Develop a competency-based training course for licensed educators
that updates and reinforces educators' knowledge and skills in the
science of reading.

(C)
Each individual employed by a school district or other public school
as a teacher, administrator, school psychologist, or speech-language
pathologist shall complete training in the science of reading in
accordance with division (C) of this section.

(1)
An individual hired by the district or other public school as a
teacher or administrator prior to July 1, 2025, shall complete the
training described in division (B)(2) of this section by June 30,
2030, and every five years thereafter.

(2)
An individual hired by the district or other public school as a
teacher or administrator on or after July 1, 2025, shall complete the
training described in division (B)(1) of this section within one year
after the date of hire and shall complete the training described in
division (B)(2) of this section every five years thereafter. However,
an individual shall not be required to complete the training
described in division (B)(1) of this section if the district
superintendent or head administrator of the other public school has
verified that the individual did either of the following within five
years prior to the date of hire:

(a)
Completed that training or a similar training, as determined by the
department;

(b)
Completed appropriate coursework in the science of reading as part of
the individual's educator or licensure preparation program.

(3)
An individual employed by the district or other public school as a
school psychologist or speech-language pathologist shall complete the
training described in division (B)(1) of this section by June 30,
2027, and shall complete the training described in division (B)(2) of
this section every five years thereafter.

(D)
A professional development committee established under section
3319.22 of the Revised Code shall count training described in
division (B) of this section toward professional development
requirements for educator licensure renewal. The committee shall
permit an individual to apply any hours earned over the minimum
amount of hours required for professional development coursework for
licensure renewal to the next renewal period for that license.

Sec.
3319.263.
Until
July 1, 2028, notwithstanding
Notwithstanding

anything to the contrary in section 3319.26 of the Revised Code or
any rule of the state board of education adopted under that section,
the state board shall not limit the subject areas for which an
individual may receive an alternative resident educator license
issued under that section.

Sec.
3319.29.
Each
application for any license, certificate, or permit under this
chapter, or renewal or duplicate of such a license, certificate, or
permit, shall be accompanied by the payment of a fee in the amount
established under division
(A)
(B)

of section 3319.51 of the Revised Code. Any fees received under this
section shall be paid into the state treasury to the credit of the

state
board of education licensure fund established under division (B) of
section 3319.51
occupational
licensing and regulatory fund established in section 4743.05
of
the Revised Code.

Any
person applying for or holding a license, certificate, or permit
under this chapter is subject to sections 3123.41 to 3123.50 of the
Revised Code and any applicable rules adopted under section 3123.63
of the Revised Code and sections 3319.31 and 3319.311 of the Revised
Code.

Sec.
3319.301.
(A)
As used in this section:

(1)
"Dropout
prevention
and
recovery
community school"

means
a community school established under Chapter 3314. of the Revised
Code in which a majority of the students are enrolled in a dropout
prevention and recovery program that is operated by the school

has
the same meaning as in section 3314.02 of the Revised Code
.

(2)
"Industry-recognized credential program" means a
career-technical course in which a student may earn an
industry-recognized credential approved under section 3313.6113 of
the Revised Code.

(3)
"STEM school" means a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code.

(B)
The state board of education shall issue permits to individuals who
are not licensed as required by sections 3319.22 to 3319.30 of the
Revised Code, but who are otherwise qualified, to teach classes for
not more than a total of twelve hours a week, except that an
individual teaching in a STEM school or an individual teaching an
industry-recognized credential program offered at a dropout

prevention
and
recovery
community school may teach classes for not more than a total of forty
hours a week. The state board, by rule, shall set forth the
qualifications, other than licensure under sections 3319.22 to
3319.30 of the Revised Code, to be met by individuals in order to be
issued a permit as provided in this section. Such qualifications
shall include the possession of a baccalaureate, master's, or
doctoral degree in, or significant experience related to, the subject
the individual is to teach. For an individual assigned to teach a
career-technical class, significant experience related to a subject
shall include career-technical experience. Applications for permits
pursuant to this section shall be made in accordance with section
3319.29 of the Revised Code. A permit issued under this section shall
be renewable.

The
state board, by rule, shall authorize the board of education of each
school district and each STEM school to engage individuals holding
permits issued under this section to teach classes for not more than
the total number of hours a week specified in the permit. The rules
shall include provisions with regard to each of the following:

(1)
That a board of education or STEM school shall engage a nonlicensed
individual to teach pursuant to this section on a volunteer basis, or
by entering into a contract with the individual or the individual's
employer on such terms and conditions as are agreed to between the
board or school and the individual or the individual's employer;

(2)
That an employee of the board of education or STEM school who is
licensed under sections 3319.22 to 3319.30 of the Revised Code shall
directly supervise a nonlicensed individual who is engaged to teach
pursuant to this section until the superintendent of the school
district or the chief administrative officer of the STEM school is
satisfied that the nonlicensed individual has sufficient
understanding of, and experience in, effective teaching methods to
teach without supervision.

(C)
A nonlicensed individual engaged to teach pursuant to this section is
a teacher for the purposes of Title XXXIII of the Revised Code except
for the purposes of Chapters 3307. and 3317. and sections 3319.07 to
3319.31 of the Revised Code. Such an individual is not an employee of
the board of education or STEM school for the purpose of Titles I or
XLI or Chapter 3309. of the Revised Code.

(D)
Students enrolled in a class taught by a nonlicensed individual
pursuant to this section and rules adopted thereunder shall receive
the same credit as if the class had been taught by an employee
licensed pursuant to sections 3319.22 to 3319.30 of the Revised Code.

(E)
No board of education of any school district shall engage any one or
more nonlicensed individuals if such employment displaces from
employment an existing licensed employee of the district.

(F)
Chapter 4796. of the Revised Code does not apply to permits issued
under this section.

Sec.
3319.311.
(A)(1)
The state board of education, or the superintendent of public
instruction on behalf of the board, may investigate any information
received about a person that reasonably appears to be a basis for
action under section 3319.31 of the Revised Code, including
information received pursuant to section 3314.40, 3319.291, 3319.313,
3326.24, 3328.19, 5126.253, or 5153.176 of the Revised Code. Except
as provided in division (A)(2) of this section, the board shall
contract with the office of the Ohio attorney general to conduct any
investigation of that nature. The board shall pay for the costs of
the contract only from moneys in the
state
board of education licensure fund established under section 3319.51
of
occupational
licensing and regulatory fund established in section 4743.05 of
the
Revised Code. Except as provided in division (A)(2) of this section,
all information received pursuant to section 3314.40, 3319.291,
3319.313, 3326.24, 3328.19, 5126.253, or 5153.176 of the Revised
Code, and all information obtained during an investigation is
confidential and is not a public record under section 149.43 of the
Revised Code. If an investigation is conducted under this division
regarding information received about a person and no action is taken
against the person under this section or section 3319.31 of the
Revised Code within two years of the completion of the investigation,
all records of the investigation shall be expunged.

(2)
In the case of a person about whom the board has learned of a plea of
guilty to, finding of guilt by a jury or court of, or a conviction of
an offense listed in division (C) of section 3319.31 of the Revised
Code, or substantially comparable conduct occurring in a jurisdiction
outside this state, the board or the superintendent of public
instruction need not conduct any further investigation and shall take
the action required by division (C) or (F) of that section. Except as
provided in division (G) of this section, all information obtained by
the board or the superintendent of public instruction pertaining to
the action is a public record under section 149.43 of the Revised
Code.

(B)
The superintendent of public instruction shall review the results of
each investigation of a person conducted under division (A)(1) of
this section and shall determine, on behalf of the state board,
whether the results warrant initiating action under division (B) of
section 3319.31 of the Revised Code. The superintendent shall advise
the board of such determination at a meeting of the board. Within
fourteen days of the next meeting of the board, any member of the
board may ask that the question of initiating action under section
3319.31 of the Revised Code be placed on the board's agenda for that
next meeting. Prior to initiating that action against any person, the
person's name and any other personally identifiable information shall
remain confidential.

(C)
The board shall take no action against a person under division (B) of
section 3319.31 of the Revised Code without providing the person with
written notice of the charges and with an opportunity for a hearing
in accordance with Chapter 119. of the Revised Code.

(D)
For purposes of an investigation under division (A)(1) of this
section or a hearing under division (C) of this section or under
division (E)(2) of section 3319.31 of the Revised Code, the board, or
the superintendent on behalf of the board, may administer oaths,
order the taking of depositions, issue subpoenas, and compel the
attendance of witnesses and the production of books, accounts,
papers, records, documents, and testimony. The issuance of subpoenas
under this division may be by certified mail, regular mail with a
certificate of mailing, or other form of delivery with proof of
delivery, including electronic delivery with electronic proof of
delivery, or personal delivery to the person.

(E)
The superintendent, on behalf of the board, may enter into a consent
agreement with a person against whom action is being taken under
division (B) of section 3319.31 of the Revised Code. The board may
adopt rules governing the superintendent's action under this
division.

(F)
No surrender of a license shall be effective until the board takes
action to accept the surrender unless the surrender is pursuant to a
consent agreement entered into under division (E) of this section.

(G)
The name of any person who is not required to report information
under section 3314.40, 3319.313, 3326.24, 3328.19, 5126.253, or
5153.176 of the Revised Code, but who in good faith provides
information to the state board or superintendent of public
instruction about alleged misconduct committed by a person who holds
a license or has applied for issuance or renewal of a license, shall
be confidential and shall not be released. Any such person shall be
immune from any civil liability that otherwise might be incurred or
imposed for injury, death, or loss to person or property as a result
of the provision of that information.

(H)(1)
No person shall knowingly make a false report to the superintendent
of public instruction or the state board of education alleging
misconduct by an employee of a public or chartered nonpublic school
or an employee of the operator of a community school established
under Chapter 3314. or a college-preparatory boarding school
established under Chapter 3328. of the Revised Code.

(2)(a)
In any civil action brought against a person in which it is alleged
and proved that the person violated division (H)(1) of this section,
the court shall award the prevailing party reasonable attorney's fees
and costs that the prevailing party incurred in the civil action or
as a result of the false report that was the basis of the violation.

(b)
If a person is convicted of or pleads guilty to a violation of
division (H)(1) of this section, if the subject of the false report
that was the basis of the violation was charged with any violation of
a law or ordinance as a result of the false report, and if the
subject of the false report is found not to be guilty of the charges
brought against the subject as a result of the false report or those
charges are dismissed, the court that sentences the person for the
violation of division (H)(1) of this section, as part of the
sentence, shall order the person to pay restitution to the subject of
the false report, in an amount equal to reasonable attorney's fees
and costs that the subject of the false report incurred as a result
of or in relation to the charges.

Sec.
3319.51.
(A)(1)
(A)
As used in this section, "operating expenses" includes the
cost of administering requirements related to the issuance and
renewal of licenses, certificates, or permits described in this
chapter and sections 3301.071 and 3301.074 of the Revised Code and
any other cost incurred by the state board of education to perform a
duty prescribed by law.

(B)

The state board of education shall annually establish the amount of
the fees required to be paid for any license, certificate, or permit
issued under this chapter or division (B) of section 3301.071 or
section 3301.074 of the Revised Code. Except as provided in division

(A)(2)

(C)

of
this section, the amount of these fees shall be such that they, along
with any appropriation made

to
the fund established under division (B) of this section

by
the general assembly
,
will be sufficient to cover the annual estimated
cost
of administering the requirements related to the issuance and renewal
of licenses, certificates, and permits described in this chapter and
sections 3301.071 and 3301.074 of the Revised Code
operating
expenses of the state board
.

(2)
(C)

The state board shall not require any fee to be paid under division

(A)(1)

(B)

of
this section for a license, certificate, or permit issued for the
purpose of teaching in a junior reserve officer training corps
(JROTC) program approved by the congress of the United States under
title 10 of the United States Code.

(B)
There is hereby established in the state treasury the state board of
education licensure fund, which shall be used by the state board of
education to pay the state board's operating expenses, including any
cost incurred to perform a duty prescribed by law and the cost of
administering requirements related to the issuance and renewal of
licenses, certificates, and permits described in this chapter and
sections 3301.071 and 3301.074 of the Revised Code. The fund shall
consist of the amounts paid into the fund pursuant to division (B) of
section 3301.071 and sections 3301.074 and 3319.29 of the Revised
Code and any appropriations to the fund by the general assembly.

(D)
The operating expenses of the state board shall be paid primarily
from, and all license, certificate, or permit fees received by the
state board shall be deposited in, the state treasury to the credit
of the occupational licensing and regulatory fund established in
section 4743.05 of the Revised Code.

Sec.
3320.04.
Each
school district board of education shall adopt a policy that
reasonably accommodates the sincerely held religious beliefs and
practices of individual students with regard to all examinations or
other academic requirements and absences for reasons of faith or
religious or spiritual belief system. The policy shall satisfy all of
the following conditions:

(A)
The policy shall permit a student in any of grades kindergarten
through twelve to be absent for up to three religious expression days
each school year to take holidays for reasons of faith or religious
or spiritual belief system or participate in organized activities
conducted under the auspices of a religious denomination, church, or
other religious or spiritual organization. The district shall not
impose an academic penalty as a result of a student being absent as
permitted in the policy. The policy shall also permit students to
participate in interscholastic athletics or other extracurricular
activities on days in which the student was otherwise absent for a
religious expression day.

(B)(1)
The policy shall require that students be provided with alternative
accommodations with regard to examinations and other academic
requirements missed due to an absence described in division (A) of
this section if not later than fourteen school days after the first
day of school, or fourteen school days after the date of enrollment
for a student who transfers to or enrolls in the district after the
first day of school, the parent or guardian of a student provides the
school principal with written notice of up to three specific dates
for which alternative accommodations are requested, if an absence
approved under division (B)(2) of this section conflicts with an
examination or other academic requirement on that date.

(2)
The school principal shall approve not more than three written
requests per school year from a student's parent or guardian for an
excused absence under division (A) of this section. The school
principal shall approve such requests without inquiry into the
sincerity of a student's religious or spiritual belief system.
However, the school principal may verify a request received under
division (A) of this section by contacting the parent or guardian
whose signature appears on the request. If a parent or guardian
disputes having signed such a request, the school principal may deny
the request. Upon approval of a request that satisfies division
(B)(1) of this section, a school principal shall require the
appropriate classroom teacher or teachers to schedule a time and date
for an alternative examination or other academic requirement if the
approved student absence creates a conflict, which may be before or
after the time and date the examination or other academic requirement
was originally scheduled.

(C)
The policy shall require the district board to post both of the
following in a prominent location on the district's web site:

(1)
A copy of the policy adopted under this section, which shall include
the contact information of an individual who can provide further
information about the policy;

(2)
A nonexhaustive list of major religious holidays, festivals, and
religious observations, which may include, Eid, Good Friday, Rosh
Hashanah, Yom Kippur, and Passover, for which an excused absence
under this section shall not be unreasonably withheld or denied.

The
director of education and workforce shall provide each district with
a nonexhaustive list of major religious holidays or festivals for the
next two school years, including Eid, Good Friday, Rosh Hashanah, Yom
Kippur, and Passover, at the beginning of each school year. Each
district may adopt the director's list in its entirety or choose
which holidays to include on its list.

Each
time a district's policy is posted, printed, or published, including
as described in divisions (C) and (D) of this section, the district
shall include a statement that the list is nonexhaustive, and the
list may not be used to deny accommodation to a student for a holiday
or festival of the student's faith or religious or spiritual belief
system that does not appear on the list.

Nothing
in this section, and no inclusion or exclusion of a religious holiday
or festival on the list posted by a district, shall preclude a
student from full and reasonable accommodations for any sincerely
held religious beliefs and practices with regard to all examinations
or other academic requirements and absences for reasons of faith or
religious or spiritual belief system provided under this section.

(D)
The policy shall require school districts annually to convey to
parents and guardians the policy adopted under this section,
including a description of the general procedure for requesting
accommodations. The manner in which the school district conveys the
information shall be determined at the discretion of the district.

(E)
The policy shall include a procedure under which a student, parent,
or guardian may notify the district of any grievance with regard to
the implementation of the policy required under this section.

(F)
Any days excused under this section shall not be considered in
determining absence hours for the purposes of parental notification
under
division
(C)(1) of
section
3321.191 of the Revised Code.

Sec.
3321.043.
(A)
As used in this section, "driver education course" means a
private driver training course approved by the director of public
safety in accordance with Chapter 4508. of the Revised Code.

(B)
If a high school student enrolled in a school district is absent from
school for the sole purpose of attending a driver education course,
the district shall count that absence as an excused absence, up to a
maximum of eight hours for that student. The student shall only be
absent for up to two hours per day for not more than four days in
meeting the maximum eight hours authorized by this section. The days
may be nonconsecutive. No student may be released from a core
curriculum subject course to attend a driver education course.

(C)
The district shall require any student absent from school in
accordance with this section to complete any classroom assignments
that the student misses because of the absence.

Sec.
3321.16.
(A)
An attendance officer or assistant provided for by section 3321.14 or
3321.15 of the Revised Code may investigate any case of nonattendance
at school or part-time school of a child under eighteen years of age
or supposed to be under eighteen years of age resident in the
district for which such attendance officer or assistant is employed,
or of any such child found in the district or enrolled in any school
within the district and of any child above eighteen years of age if
enrolled in any school within the district, and may take such action
as the superintendent of schools directs or as such attendance
officer or assistant deems proper in the absence of specific
direction.

(B)(1)
Subject to divisions (B)(2) and (3) of this section, the attendance
officer shall file a complaint in the juvenile court against
a
student on the sixty-first day after the implementation of an absence
intervention plan or other intervention strategies, provided that all

any
student to which any
of
the following apply:

(a)
The student was absent without legitimate excuse from the public
school the child is supposed to attend for thirty or more consecutive
hours
,
.

(b)
The student was absent without legitimate excuse from the public
school the child is supposed to attend for

forty-two or more hours in one school month
,
or
.

(c)
The student was absent without legitimate excuse from the public
school the child is supposed to attend for
seventy-two
or more hours in a school year.

(b)
The school district or school has made meaningful attempts to
re-engage the student through the absence intervention plan, other
intervention strategies, and any offered alternatives to adjudication
described under division (C)(2)(b) of section 3321.191 of the Revised
Code.

(c)
The student has refused to participate in or failed to make
satisfactory progress on the plan, as determined by the absence
intervention team, or any offered intervention strategies or
alternative to adjudication.

(2)
If the

student,
at any time during the implementation phase of the absence
intervention plan or other intervention strategies, is absent without
legitimate excuse for thirty or more consecutive hours or forty-two
or more hours in one school month, the attendance officer shall file
a complaint in juvenile court against that student, unless the
absence intervention team has determined that the student has made
substantial progress on the absence intervention plan

student's
district or school determines that the student and the student's
family are making satisfactory progress in improving the student's
attendance at school, the attendance officer shall not file a
complaint
.

(3)

In
the event that the sixty-first day after the implementation of the
absence intervention plan or other intervention strategies falls on a
day during the summer months, in the school district's discretion,
the absence intervention team or the attendance officer may extend
the implementation of the plan and delay the filing of the complaint
for an additional thirty days from the first day of instruction of
the next school year
If
no determination of progress under division (B)(2) of this section is
made, or if the student and the student's family cease to continue
making progress in improving the student's attendance, the attendance
officer shall file a complaint in the juvenile court against the
student.

A
complaint filed in the juvenile court under division (B)(3) of this
section shall allege that the child is an unruly child for being a
habitual truant and that the parent, guardian, or other person having
care of the child has violated section 3321.38 of the Revised Code
.

Sec.
3321.19.
(A)
As used in this section and section
3321.191

3321.16

of
the Revised Code, "habitual truant" has the same meaning as
in section 2151.011 of the Revised Code.

(B)
When a board of education of any city, exempted village, local, joint
vocational, or cooperative education school district or the governing
board of any educational service center determines that a student in
its district has been truant and the parent, guardian, or other
person having care of the child has failed to cause the student's
attendance at school, the board may require the parent, guardian, or
other person having care of the child pursuant to division (B) of
this section to attend an educational program established pursuant to
rules adopted by the department of education and workforce for the
purpose of encouraging parental involvement in compelling the
attendance of the child at school.

No
parent, guardian, or other person having care of a child shall fail
without good cause to attend an educational program described in this
division if the parent, guardian, or other person has been served
notice pursuant to division (C) of this section.

(C)
On the request of the superintendent of schools, the superintendent
of any educational service center, the board of education of any
city, exempted village, local, joint vocational, or cooperative
education school district, or the governing board of any educational
service center or when it otherwise comes to the notice of the
attendance officer or other appropriate officer of the school
district, the attendance officer or other appropriate officer shall
examine into any case of supposed truancy within the district and
shall warn the child, if found truant, and the child's parent,
guardian, or other person having care of the child, in writing, of
the legal consequences of being truant. When any child of compulsory
school age, in violation of law, is not attending school, the
attendance or other appropriate officer shall notify the parent,
guardian, or other person having care of that child of the fact, and
require the parent, guardian, or other person to cause the child to
attend school immediately. The parent, guardian, or other person
having care of the child shall cause the child's attendance at
school. Upon the failure of the parent, guardian, or other person
having care of the child to do so, the attendance officer or other
appropriate officer, if so directed by the superintendent, the
district board, or the educational service center governing board,
shall send notice requiring the attendance of that parent, guardian,
or other person at a parental education program established pursuant
to division (B) of this section and
,
subject to divisions (D) and (E) of this section,

may file a complaint against the parent, guardian, or other person
having care of the child in any court of competent jurisdiction.

(D)(1)
Upon the failure of the parent, guardian, or other person having care
of the child to cause the child's attendance at school, if the child
is considered an habitual truant, the board of education of the
school district or the governing board of the educational service
center, within ten days, subject to division (E) of this section,
shall assign the student to an absence intervention team as described
in division (C) of section 3321.191 of the Revised Code.

(2)
The attendance officer shall file a complaint in the juvenile court
of the county in which the child has a residence or legal settlement
or in which the child is supposed to attend school jointly against
the child and the parent, guardian, or other person having care of
the child, in accordance with the timelines and conditions set forth
in division (B) of section 3321.16 of the Revised Code. A complaint
filed in the juvenile court under this division shall allege that the
child is an unruly child for being an habitual truant and that the
parent, guardian, or other person having care of the child has
violated section 3321.38 of the Revised Code.

(E)
A school district with a chronic absenteeism percentage that is less
than five per cent, as displayed on the district's most recent report
card issued under section 3302.03 of the Revised Code, and the school
buildings within that district, shall be exempt from the requirement
to assign habitually truant students to an absence intervention team
for the following school year and shall instead take any appropriate
action as an intervention strategy contained in the policy developed
by the district board pursuant to divisions (A) and (B) of section
3321.191 of the Revised Code. In the event that those intervention
strategies fail, within sixty-one days after their implementation,
the attendance officer shall file a complaint, provided that the
conditions described in division (B) of section 3321.16 of the
Revised Code are satisfied.

Sec.
3321.191.
(A)
As used in this section, "chronically absent" means missing
at least ten per cent of the minimum number of hours required in the
school year under section 3313.48 of the Revised Code for the school
a student attends.

(B)
Not later than August 1, 2026, the board of education of each school
district shall adopt a policy to address student absences. In
developing the policy, the board shall consult with the juvenile
court of the county or counties in which the district is located; the
parents, guardians, or other persons having care of a student
attending school in the district; and appropriate state and local
agencies.

(C)
The policy adopted under division (B) of this section shall do all of
the following:

(1)
Acknowledge that student absences from school for any reason, whether
excused or unexcused, take away from instructional time and have an
adverse effect on student learning;

(2)
Identify strategies to prevent students from becoming chronically
absent;

(3)
Include procedures for notifying a student's parent, guardian, or
custodian when the student has been absent from school for a number
of hours determined by the board, which number shall not exceed five
per cent of the minimum number of hours required in the school year
under section 3313.48 of the Revised Code for the school the student
attends;

(4)
Establish a tiered system that provides more intensive interventions
and supports for students with greater numbers of absences and
includes resources to help students and their families address the
root causes of the absences;

(5)
Provide for one or more absence intervention teams to work with
students at risk of becoming chronically absent and their families to
improve the students' attendance at school;

(6)
Prohibit suspending, expelling, or otherwise preventing a student
from attending school based on the student's absences as prescribed
by section 3313.668 of the Revised Code.

(D)
The policy shall align with any other district or school improvement
plan developed pursuant to state or federal law.

(E)
A district or school may consult or partner with public, nonprofit,
or private entities to provide assistance as appropriate to students
and their families in reducing absences.

Sec.
3321.22.
(A)
Except as provided in division (B) of this section, if
If

a
complaint is filed against the parent, guardian, or other person in
charge of a child for a failure to cause the child to attend school
or a part-time school or class and if the parent, guardian, or other
person proves an inability to do so, then the parent, guardian, or
other person in charge of a child shall be discharged. Upon the
discharge, the attendance officer shall file a complaint before the
judge of the juvenile court of the county alleging that the child is
a delinquent child, unruly child, or dependent child within the
meaning of section 2151.022, 2151.04, or 2152.02 of the Revised Code.
The judge shall hear the complaint and if the judge determines that
the child is a delinquent, unruly, or dependent child within one of
those sections the judge shall deal with the child according to
section 2151.35 or 2151.36 of the Revised Code.

(B)
Division (A) of this section does not apply regarding a complaint
filed under division (D) or (E) of section 3321.19 of the Revised
Code or otherwise filed and alleging that a child is an habitual
truant.

Sec.
3323.32.
(A)

The
department of education and workforce shall contract with an entity
to administer programs and coordinate services for infants, preschool
and school-age children, and adults with autism and low incidence
disabilities. The entity shall be selected by the director of
education and workforce in consultation with the director of children
and youth and the advisory board established under section 3323.33 of
the Revised Code.

When
applicable, the department of children and youth shall contract with
an entity to administer programs and coordinate services for infants,
preschool and school-age children, and adults with autism and low
incidence disabilities. The entity shall be selected by the director
of children and youth in consultation with the director of education
and workforce and the advisory board established under section
3323.33 of the Revised Code.

The
contract with the entity selected
Any
contract entered into under this section
shall
include, but not be limited to, the following provisions:

(1)
(A)

A description of the programs to be administered and services to be
provided or coordinated by the entity, which shall include at least
the duties prescribed by sections 3323.34 and 3323.35 of the Revised
Code;

(2)
(B)

A description of the expected outcomes from the programs administered
and services provided or coordinated by the entity;

(3)
(C)

A stipulation that the entity's performance is subject to evaluation
by the
contracting

department
and renewal of the entity's contract is subject to the department's
satisfaction with the entity's performance;

(4)
(D)

A description of the measures and milestones the
contracting

department
will use to determine whether the performance of the entity is
satisfactory;

(5)
(E)

Any other provision the
contracting

department
determines is necessary to ensure the quality of services to
individuals with autism and low incidence disabilities.

(B)
In selecting the entity under division (A) of this section, the
director of education and workforce, the director of children and
youth, and the advisory board shall give primary consideration to the
Ohio Center for Autism and Low Incidence, established under section
3323.31 of the Revised Code, as long as the principal goals and
mission of the Center, as determined by the director, the director,

and
the advisory board, are consistent with the requirements of divisions
(A)(1) to (5) of this section.

Sec.
3325.08.
(A)
A diploma shall be granted by the superintendent of Ohio deaf and
blind education services to any student enrolled in the state school
for the blind or the state school for the deaf to whom all of the
following apply:

(1)
The student has successfully completed
the
curriculum in any high school or
the
individualized education program developed for the student for the
student's high school education pursuant to section 3323.08 of the
Revised Code;

(2)
Subject to section 3313.614 of the Revised Code, the student has met
the assessment requirements of division (A)(2)(a) or (b) of this
section, as applicable.

(a)
If the student entered the ninth grade prior to July 1, 2014, the
student either:

(i)
Has attained at least the applicable scores designated under division
(B)(1) of section 3301.0710 of the Revised Code on all the
assessments prescribed by that division unless division (L) of
section 3313.61 of the Revised Code applies to the student;

(ii)
Has satisfied the alternative conditions prescribed in section
3313.615 of the Revised Code.

(b)
If the student entered the ninth grade on or after July 1, 2014, the
student has met the requirement prescribed by section 3313.618 of the
Revised Code, except to the extent that division (L) of section
3313.61 of the Revised Code applies to the student.

(3)
The student is not eligible to receive an honors diploma granted
pursuant to division (B) of this section.

No
diploma shall be granted under this division to anyone except as
provided under this division.

(B)
In lieu of a diploma granted under division (A) of this section, the
superintendent of Ohio deaf and blind education services shall grant
an honors diploma, in the same manner that the boards of education of
school districts grant such diplomas under division (B) of section
3313.61 of the Revised Code, to any student enrolled in the state
school for the blind or the state school for the deaf who
accomplishes all of the following:

(1)
Successfully completes the
curriculum
in any high school or the
individualized
education program developed for the student for the student's high
school education pursuant to section 3323.08 of the Revised Code;

(2)
Subject to section 3313.614 of the Revised Code, has met the
assessment requirements of division (B)(2)(a) or (b) of this section,
as applicable.

(a)
If the student entered the ninth grade prior to July 1, 2014, the
student either:

(i)
Has attained at least the applicable scores designated under division
(B)(1) of section 3301.0710 of the Revised Code on all the
assessments prescribed under that division;

(ii)
Has satisfied the alternative conditions prescribed in section
3313.615 of the Revised Code.

(b)
If the student entered the ninth grade on or after July 1, 2014, the
student has met the requirement prescribed by section 3313.618 of the
Revised Code.

(3)
Has met additional criteria for granting an honors diploma.

These
additional criteria shall be the same as those prescribed by the

state
board
department
of education and workforce
under
division (B) of section 3313.61 of the Revised Code for the granting
of such diplomas by school districts. No honors diploma shall be
granted to anyone failing to comply with this division and not more
than one honors diploma shall be granted to any student under this
division.

(C)
A diploma or honors diploma awarded under this section shall be
signed by the director of education and workforce and the
superintendent of Ohio deaf and blind education services. Each
diploma shall bear the date of its issue and be in such form as the
superintendent of Ohio deaf and blind education services prescribes.

(D)
Upon granting a diploma to a student under this section, the
superintendent of Ohio deaf and blind education services shall
provide notice of receipt of the diploma to the board of education of
the school district where the student is entitled to attend school
under section 3313.64 or 3313.65 of the Revised Code when not
residing at the state school for the blind or the state school for
the deaf. The notice shall indicate the type of diploma granted.

Sec.
3325.16.
There
is hereby created in the state treasury the state school for the deaf
educational program expenses fund. Moneys received by Ohio deaf and
blind education services for the state school for the deaf from
donations, bequests, student fundraising activities, fees charged for
camps and workshops, gate receipts from athletic contests, and the
student work experience program operated by the school, and any other
moneys designated for deposit in the fund by the superintendent of
Ohio deaf and blind education services, shall be credited to the
fund.
All
investment earnings on money in the fund shall be credited to the
fund.
Notwithstanding
section 3325.01 of the Revised Code, the approval of the department
of education and workforce is not required to designate money for
deposit into the fund. Ohio deaf and blind education services shall
use moneys in the fund for educational programs, after-school
activities, and expenses associated with student activities and clubs
at the state school for the deaf.

Sec.
3325.17.
There
is hereby created in the state treasury the state school for the
blind educational program expense fund. Moneys received by Ohio deaf
and blind education services for the state school for the blind from
donations, bequests, student fundraising activities, fees charged for
camps, workshops, and summer work and learn cooperative programs,
gate receipts from school activities, and any other moneys designated
for deposit in the fund by the superintendent of Ohio deaf and blind
education services, shall be credited to the fund.
All
investment earnings on money in the fund shall be credited to the
fund.
Notwithstanding
section 3325.01 of the Revised Code, the approval of the department
of education and workforce is not required to designate money for
deposit into the fund. Ohio deaf and blind education services shall
use moneys in the fund for educational programs, after-school
activities, and expenses associated with student activities at the
state school for the blind.

Sec.
3326.11.
Each
science, technology, engineering, and mathematics school established
under this chapter and its governing body shall comply with sections
9.90, 9.91, 109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19,
2921.42, 2921.43, 3301.0714, 3301.0715, 3301.0729,
3301.24,

3301.948,
3302.037,

3313.14,
3313.15, 3313.16, 3313.18, 3313.201, 3313.26, 3313.472, 3313.473,
3313.474, 3313.48, 3313.481, 3313.482, 3313.50, 3313.539, 3313.5310,
3313.5318, 3313.5319, 3313.608, 3313.6012, 3313.6013, 3313.6014,
3313.6020, 3313.6021, 3313.6023, 3313.6024, 3313.6026, 3313.6028,
3313.6029,
3313.6031,

3313.61,
3313.611, 3313.614, 3313.615, 3313.617, 3313.618, 3313.6114,
3313.643, 3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661,
3313.662, 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67,
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.717,
3313.718, 3313.719, 3313.7112, 3313.7117,
3313.7118,

3313.721,
3313.753, 3313.80, 3313.801, 3313.814, 3313.816, 3313.817, 3313.818,
3313.819, 3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 3319.078,
3319.0812, 3319.21, 3319.238, 3319.318, 3319.32, 3319.321, 3319.324,
3319.35, 3319.39, 3319.391, 3319.393, 3319.41, 3319.45, 3319.46,
3319.90, 3319.614, 3320.01, 3320.02, 3320.03, 3320.04, 3321.01,
3321.041, 3321.05, 3321.13, 3321.14, 3321.141, 3321.17, 3321.18,
3321.19, 3321.191, 3322.20, 3322.24, 3323.251, 3327.10, 4111.17,
4113.52, 5502.262, 5502.703, and 5705.391 and Chapters 102., 117.,
1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141., and
4167. of the Revised Code as if it were a school district.

Sec.
3326.44.
For
fiscal years
2024

2026

and

2025
2027
,
a STEM school shall spend the funding it receives under division
(A)(5) of section 3317.022 of the Revised Code only for services for
English learners.

Sec.
3326.51.
(A)
As used in this section:

(1)
"Resident district" has the same meaning as in section
3326.31 of the Revised Code.

(2)
"STEM school sponsoring district" means a municipal, city,
local, or exempted village school district that governs and controls
a STEM school pursuant to this section.

(B)
Notwithstanding any other provision of this chapter to the contrary:

(1)
If a proposal for a STEM school submitted under section 3326.03 of
the Revised Code proposes that the governing body of the school be
the board of education of a municipal, city, local, or exempted
village school district that is one of the partners submitting the
proposal, and the STEM committee approves that proposal, that school
district board shall govern and control the STEM school as one of the
schools of its district.

(2)
The STEM school sponsoring district shall maintain a separate
accounting for the STEM school as a separate and distinct operational
unit within the district's finances.
The
auditor of state, in the course of an annual or biennial audit of the
school district serving as the STEM school sponsoring district, shall
audit that school district for compliance with the financing
requirements of this section.

(3)
With respect to students enrolled in a STEM school whose resident
district is the STEM school sponsoring district:

(a)
The department of education and workforce shall make payments to the
school in accordance with section 3317.022 of the Revised Code from
the STEM school sponsoring district's state payments.

(b)
The STEM school sponsoring district is responsible for providing
children with disabilities with a free appropriate public education
under Chapter 3323. of the Revised Code.

(c)
The STEM school sponsoring district shall provide student
transportation in accordance with laws and policies generally
applicable to the district.

(4)
With respect to students enrolled in the STEM school whose resident
district is another school district, the department shall consider
the students as open enrollment students and shall make payments to
the school in accordance with section 3317.022 of the Revised Code.

(5)
A STEM school sponsoring district and its board may assign its
district employees to the STEM school, in which case section 3326.18
of the Revised Code shall not apply. The district and board may apply
any other resources of the district to the STEM school in the same
manner that it applies district resources to other district schools.

(6)
Provisions of this chapter requiring a STEM school and its governing
body to comply with specified laws as if it were a school district
and in the same manner as a board of education shall instead require
such compliance by the STEM school sponsoring district and its board
of education, respectively, with respect to the STEM school. Where a
STEM school or its governing body is required to perform a specific
duty or permitted to take a specific action under this chapter, that
duty is required to be performed or that action is permitted to be
taken by the STEM school sponsoring district or its board of
education, respectively, with respect to the STEM school.

(7)
No provision of this chapter limits the authority, as provided
otherwise by law, of a school district and its board of education to
levy taxes and issue bonds secured by tax revenues.

(8)
The treasurer of the STEM school sponsoring district or, if the STEM
school sponsoring district is a municipal school district, the chief
financial officer of the district, shall have all of the respective
rights, authority, exemptions, and duties otherwise conferred upon
the treasurer or chief financial officer by the Revised Code.

Sec.
3327.017.
(A)
As used in this section:

(1)
"Eligible student" has the same meaning as in section
3327.016 of the Revised Code.

(2)
"Mass transit system" has the same meaning as in section
4511.78 of the Revised Code.

(B)
No city, local, or exempted village school district shall provide or
arrange for transportation for any eligible student enrolled in any
of grades kindergarten through eight in a community school
established under Chapter 3314. of the Revised Code or chartered
nonpublic school to and from school using vehicles operated by a mass
transit system, unless the district enters into an agreement with
that school authorizing such transportation. An agreement under
division (B) of this section shall not be effective unless both the
school district and community or chartered nonpublic school approve
it.

(C)
A city, local, or exempted village school district that elects to
provide or arrange for transportation for any eligible student
enrolled in any of grades nine through twelve in a community or
chartered nonpublic school to and from school using vehicles operated
by a mass transit system shall ensure that the student is assigned to
a route that does not require the student to make more than one
transfer.
With
respect to a mass transit system with a central transfer hub located
in a county that has a population between five hundred thirty
thousand and five hundred forty thousand according to the most recent
federal decennial census, the city, local, or exempted village school
district shall ensure that any transfer does not occur at the central
transfer hub for the mass transit system.

Sec.
3327.08.
Boards
of education of city school districts, local school districts,
exempted village school districts, cooperative education school
districts, and joint vocational school districts and governing boards
of educational service centers may purchase on individual contract
school buses
,
including multifunction school activity buses,

and other equipment used in transporting children to and from school
and to other functions as authorized by the boards, or the boards, at
their discretion, may purchase the buses and equipment through any
system of centralized purchasing established by the department of
education and workforce for that purpose, provided that state subsidy
payments shall be based on the amount of the lowest price available
to the boards by either method of purchase. No board shall be
deprived of any form of state assistance in the purchase of buses and
equipment by reason of purchases of buses and equipment on an
individual contract.

The
purchase of school buses
and
multifunction school activity buses
shall
be made only after competitive bidding in accordance with section
3313.46 of the Revised Code. All bids shall state that the buses,
prior to delivery, will comply with the safety rules of the
department of public safety adopted pursuant to section 4511.76 of
the Revised Code and all other pertinent provisions of law.

At
no time shall bid bonds be required for the purchase of school buses

and
multifunction school activity buses
,
unless the district board or educational service center governing
board requests that bid bonds be part of the competitive bidding
process for a specified purchase.

Sec.
3327.10.
(A)
Except as provided in division (L) of this section, no person shall
be employed as driver of a school bus or motor van, owned and
operated by any school district or educational service center or
privately owned and operated under contract with any school district
or service center in this state, who has not received a certificate
from either the educational service center governing board that has
entered into an agreement with the school district under section
3313.843 or 3313.845 of the Revised Code or the superintendent of the
school district, certifying that such person is at least eighteen
years of age and is qualified physically and otherwise for such
position. The service center governing board or the superintendent,
as the case may be, shall provide for an annual physical examination
that conforms with rules adopted by the department of education and
workforce of each driver to ascertain the driver's physical fitness
for such employment. The examination shall be performed by one of the
following:

(1)
A person licensed under Chapter 4731. or 4734. of the Revised Code or
by another state to practice medicine and surgery, osteopathic
medicine and surgery, or chiropractic;

(2)
A physician assistant;

(3)
A certified nurse practitioner;

(4)
A clinical nurse specialist;

(5)
A certified nurse-midwife;

(6)
A medical examiner who is listed on the national registry of
certified medical examiners established by the federal motor carrier
safety administration in accordance with 49 C.F.R. part 390.

Any
certificate may be revoked by the authority granting the same on
proof that the holder has been guilty of failing to comply with
division (D)(1) of this section, or upon a conviction or a guilty
plea for a violation, or any other action, that results in a loss or
suspension of driving rights. Failure to comply with such division
may be cause for disciplinary action or termination of employment
under division (C) of section 3319.081, or section 124.34 of the
Revised Code.

(B)
Except as provided in division (L) of this section, no person shall
be employed as driver of a school bus or motor van not subject to the
rules of the department pursuant to division (A) of this section who
has not received a certificate from the school administrator or
contractor certifying that such person is at least eighteen years of
age and is qualified physically and otherwise for such position. Each
driver shall have an annual physical examination which conforms to
the state highway patrol rules, ascertaining the driver's physical
fitness for such employment. The examination shall be performed by
one of the following:

(1)
A person licensed under Chapter 4731. or 4734. of the Revised Code or
by another state to practice medicine and surgery, osteopathic
medicine and surgery, or chiropractic;

(2)
A physician assistant;

(3)
A certified nurse practitioner;

(4)
A clinical nurse specialist;

(5)
A certified nurse-midwife;

(6)
A medical examiner who is listed on the national registry of
certified medical examiners established by the federal motor carrier
safety administration in accordance with 49 C.F.R. part 390.

Any
written documentation of the physical examination shall be completed
by the individual who performed the examination.

Any
certificate may be revoked by the authority granting the same on
proof that the holder has been guilty of failing to comply with
division (D)(2) of this section.

(C)
Any person who drives a school bus or motor van must give
satisfactory and sufficient bond except a driver who is an employee
of a school district and who drives a bus or motor van owned by the
school district.

(D)
No person employed as driver of a school bus or motor van under this
section who is convicted of a traffic violation or who has had the
person's commercial driver's license suspended shall drive a school
bus or motor van until the person has filed a written notice of the
conviction or suspension, as follows:

(1)
If the person is employed under division (A) of this section, the
person shall file the notice with the superintendent, or a person
designated by the superintendent, of the school district for which
the person drives a school bus or motor van as an employee or drives
a privately owned and operated school bus or motor van under
contract.

(2)
If employed under division (B) of this section, the person shall file
the notice with the employing school administrator or contractor, or
a person designated by the administrator or contractor.

(E)
In addition to resulting in possible revocation of a certificate as
authorized by divisions (A) and (B) of this section, violation of
division (D) of this section is a minor misdemeanor.

(F)(1)
Not later than thirty days after June 30, 2007, each owner of a
school bus or motor van shall obtain the complete driving record for
each person who is currently employed or otherwise authorized to
drive the school bus or motor van. An owner of a school bus or motor
van shall not permit a person to operate the school bus or motor van
for the first time before the owner has obtained the person's
complete driving record. Thereafter, the owner of a school bus or
motor van shall obtain the person's driving record not less
frequently than semiannually if the person remains employed or
otherwise authorized to drive the school bus or motor van. An owner
of a school bus or motor van shall not permit a person to resume
operating a school bus or motor van, after an interruption of one
year or longer, before the owner has obtained the person's complete
driving record.

(2)
The owner of a school bus or motor van shall not permit a person to
operate the school bus or motor van for ten years after the date on
which the person pleads guilty to or is convicted of a violation of
section 4511.19 of the Revised Code or a substantially equivalent
municipal ordinance.

(3)
An owner of a school bus or motor van shall not permit any person to
operate such a vehicle unless the person meets all other requirements
contained in rules adopted by the department prescribing
qualifications of drivers of school buses and other student
transportation.

(G)
No superintendent of a school district, educational service center,
community school, or public or private employer shall permit the
operation of a vehicle used for pupil transportation within this
state by an individual unless both of the following apply:

(1)
Information pertaining to that driver has been submitted to the
department, pursuant to procedures adopted by that department.
Information to be reported shall include the name of the employer or
school district, name of the driver, driver license number, date of
birth, date of hire, status of physical evaluation, and status of
training.

(2)
The most recent criminal records check required by division (J) of
this section has been completed and received by the superintendent or
public or private employer.

(H)
A person, school district, educational service center, community
school, nonpublic school, or other public or nonpublic entity that
owns a school bus or motor van, or that contracts with another entity
to operate a school bus or motor van, may impose more stringent
restrictions on drivers than those prescribed in this section, in any
other section of the Revised Code, and in rules adopted by the
department.

(I)
For qualified drivers who, on July 1, 2007, are employed by the owner
of a school bus or motor van to drive the school bus or motor van,
any instance in which the driver was convicted of or pleaded guilty
to a violation of section 4511.19 of the Revised Code or a
substantially equivalent municipal ordinance prior to two years prior
to July 1, 2007, shall not be considered a disqualifying event with
respect to division (F) of this section.

(J)(1)
This division applies to persons hired by a school district,
educational service center, community school, chartered nonpublic
school, or science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code to operate a
vehicle used for pupil transportation.

(a)
For each person to whom this division applies who is hired on or
after November 14, 2007, the employer shall request a criminal
records check in accordance with section 3319.39 of the Revised Code
and every six years thereafter.

(b)
For each person to whom this division applies who is hired prior to
November 14, 2007, the employer shall request a criminal records
check by a date prescribed by the department and every six years
thereafter.

(c)
If, on
the
effective date of this amendment
October
3, 2023
,
the most recent criminal records check requested for a person to whom
division (J)(1) of this section applies was completed more than one
year prior to that date or does not include information gathered
pursuant to division (A) of section 109.57 of the Revised Code, the
employer shall request a new criminal records check that includes
information gathered pursuant to division (A) of section 109.57 of
the Revised Code by a date prescribed by the state board of education
and every six years thereafter.

(2)
This division applies to persons hired by a public or private
employer not described in division (J)(1) of this section to operate
a vehicle used for pupil transportation.

(a)
For each person to whom this division applies who is hired on or
after November 14, 2007, the employer shall request a criminal
records check prior to the person's hiring and every six years
thereafter.

(b)
For each person to whom this division applies who is hired prior to
November 14, 2007, the employer shall request a criminal records
check by a date prescribed by the department and every six years
thereafter.

(c)
If, on
the
effective date of this amendment
October
3, 2023
,
the most recent criminal records check requested for a person to whom
division (J)(2) of this section applies was completed more than one
year prior to that date or does not include information gathered
pursuant to division (A) of section 109.57 of the Revised Code, the
employer shall request a new criminal records check that includes
information gathered pursuant to division (A) of section 109.57 of
the Revised Code by a date prescribed by the state board and every
six years thereafter.

(3)
Each request for a criminal records check under division (J) of this
section shall be made to the superintendent of the bureau of criminal
identification and investigation in the manner prescribed in section
3319.39 of the Revised Code, except that if both of the following
conditions apply to the person subject to the records check, the
employer shall request the superintendent only to obtain any criminal
records that the federal bureau of investigation has on the person:

(a)
The employer previously requested the superintendent to determine
whether the bureau of criminal identification and investigation has
any information, gathered pursuant to division (A) of section 109.57
of the Revised Code, on the person in conjunction with a criminal
records check requested under section 3319.39 of the Revised Code or
under division (J) of this section.

(b)
The person presents proof that the person has been a resident of this
state for the five-year period immediately prior to the date upon
which the person becomes subject to a criminal records check under
this section.

Upon
receipt of a request, the superintendent shall conduct the criminal
records check in accordance with section 109.572 of the Revised Code
as if the request had been made under section 3319.39 of the Revised
Code. However, as specified in division (B)(2) of section 109.572 of
the Revised Code, if the employer requests the superintendent only to
obtain any criminal records that the federal bureau of investigation
has on the person for whom the request is made, the superintendent
shall not conduct the review prescribed by division (B)(1) of that
section.

(4)
Notwithstanding anything in the Revised Code to the contrary, the
bureau of criminal identification and investigation shall make the
initial criminal records check requested of a person by an employer
under division (J)(1) or (2) of this section on or after
the
effective date of this amendment
October
3, 2023,
available
to the state board of education. The state board shall use the
information received to enroll the person in the retained applicant
fingerprint database, established under section 109.5721 of the
Revised Code, in the same manner as any teacher licensed under
sections 3319.22 to 3319.31 of the Revised Code. If the state board
is unable to enroll the person in the retained applicant fingerprint
database because the person has not satisfied the requirements for
enrollment, the state board shall notify the employer that the person
has not satisfied the requirements for enrollment. However, the
bureau shall not be required to make available to the state board the
criminal records check of any person who is already enrolled in the
retained applicant fingerprint database on the date the person's
employer requests a records check of the person under division (J)(1)
or (2) of this section.

If
the state board receives notification of the arrest, guilty plea, or
conviction of a person who is subject to this section, the state
board shall promptly notify the person's employer in accordance with
division (B) of section 3319.316 of the Revised Code.

(K)(1)
Until the effective date of the amendments to rule 3301-83-23 of the
Ohio Administrative Code required by the second paragraph of division
(E) of section 3319.39 of the Revised Code, any person who is the
subject of a criminal records check under division (J) of this
section and has been convicted of or pleaded guilty to any offense
described in division (B)(1) of section 3319.39 of the Revised Code
shall not be hired or shall be released from employment, as
applicable, unless the person meets the rehabilitation standards
prescribed for nonlicensed school personnel by rule 3301-20-03 of the
Ohio Administrative Code.

(2)
Beginning on the effective date of the amendments to rule 3301-83-23
of the Ohio Administrative Code required by the second paragraph of
division (E) of section 3319.39 of the Revised Code, any person who
is the subject of a criminal records check under division (J) of this
section and has been convicted of or pleaded guilty to any offense
that, under the rule, disqualifies a person for employment to operate
a vehicle used for pupil transportation shall not be hired or shall
be released from employment, as applicable, unless the person meets
the rehabilitation standards prescribed by the rule.

(L)
The superintendent of a school district or an educational service
center governing board shall issue a certificate as a driver of a
school bus or motor van or a certificate to operate a vehicle used
for pupil transportation in accordance with Chapter 4796. of the
Revised Code to an applicant if either of the following applies:

(1)
The applicant holds a certificate in another state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a school bus or motor van driver or a pupil transportation
vehicle operator in a state that does not issue one or both of those
certificates.

(M)
As used in this section, "school bus" includes a
multifunction school activity bus, as defined in section 4511.01 of
the Revised Code.

Sec.
3328.16.
(A)
Each college-preparatory boarding school established under this
chapter shall have a designated fiscal officer. The
auditor
of state
department
of education and workforce
may
require by rule that the fiscal officer of any college-preparatory
boarding school, before entering upon duties as fiscal officer,
execute a bond in an amount and with surety to be approved by the
school's board of trustees, payable to the state, conditioned for the
faithful performance of all the official duties required of the
fiscal officer. Any such bond shall be deposited with the school's
board of trustees, and a copy of the bond shall be certified by the
board and filed with the county auditor.

(B)
Before assuming the duties of fiscal officer, the fiscal officer
designated under this section shall be licensed as a treasurer under
section 3301.074 of the Revised Code. No college-preparatory boarding
school shall allow a person to serve as fiscal officer who is not
licensed as required by this division.

Sec.
3328.24.
A
college-preparatory boarding school established under this chapter
and its board of trustees shall comply with sections 102.02,
3301.0710, 3301.0711, 3301.0712, 3301.0714, 3301.0729, 3301.948,
3302.037, 3313.474, 3313.5318, 3313.5319, 3313.6013, 3313.6021,
3313.6023, 3313.6024, 3313.6026, 3313.6029,
3313.6031,

3313.617,
3313.618, 3313.6114, 3313.6411, 3313.6413, 3313.668, 3313.669,
3313.6610, 3313.717, 3313.7112, 3313.7117, 3313.721, 3313.753,
3313.89, 3319.073, 3319.077, 3319.078, 3319.318, 3319.324, 3319.39,
3319.391, 3319.393, 3319.46, 3320.01, 3320.02, 3320.03, 3320.04,
3323.251, and 5502.262, and Chapter 3365. of the Revised Code as if
the school were a school district and the school's board of trustees
were a district board of education.

Sec.
3332.081.
The
student tuition recovery authority is created as a body corporate and
politic of this state. The purpose of the authority is to protect
students of any school registered by the state board of career
colleges and schools from prepaid tuition loss for the academic term
due to a school closure.

The
authority shall consist of five members as follows: the executive
director of the state board of career colleges and schools, the
executive director of the Ohio association of career colleges and
schools, the treasurer of state or the treasurer of state's designee,

the
chairperson
a
member
of
the senate
committee
that primarily deals with education
appointed
by the president of the senate
,
and
the
chairperson of the committee
a
member
of
the house of representatives
that
primarily deals with education
appointed
by the speaker of the house of representatives
.
The
chairpersons
of the legislative committees that primarily deal with education

general
assembly members
shall
be nonvoting

ex
officio

members. Each voting member of the authority, before entering upon
the member's official duties, shall take an oath as provided by
Section 7 of Article XV, Ohio Constitution. The authority shall elect
one of its voting members as chairperson and another as
vice-chairperson, and shall appoint a secretary-treasurer who need
not be a member of the authority.

All
meetings of the authority shall be public. All final actions of the
authority shall be journalized and such journal and the records of
the authority shall be open to public inspection at all reasonable
times.

Sec.
3332.17.
Each
college or school that holds a certificate of registration under this
chapter annually shall certify to state board of career colleges and
schools, on a date and in the form and manner determined by the state
board, a plan to preserve student records indefinitely if the college
or school is to cease operations. The plan shall include the
designation and signed confirmation of an official custodian of
student records. If the state board determines it necessary, the the
state board may require a college or school to produce an executed
agreement with the designated custodian of student records, paid in
full, to ensure the college or school's plan can be implemented.

The
director of the state board of career colleges and schools may
consult with the chancellor of higher education, higher learning
commission, and other appropriate entities to establish plans,
processes, and procedures for colleges and schools to provide
indefinite access to student records.

Sec.
3332.21.
(A)
Each school that holds a certificate of registration from or is
authorized to offer a certificate, diploma, or degree under a
certificate of authorization issued by the state board of career
colleges under this chapter annually shall provide to the state board
and the chancellor of higher education all of the following:

(1)
Verification of current accreditation status and a copy of the most
recent institutional report from the school's accrediting
organization;

(2)
A plan to preserve student records indefinitely in the event of
closure of the school or discontinuation of service. The plan shall
include a method by which students and alumni of the school may
retrieve student records by request. The plan also shall include a
designation and signed confirmation of an official custodian of
student records. Student records preserved under the plan shall
include, but not be limited to:

(a)
Academic transcripts;

(b)
Financial aid documents;

(c)
International student forms;

(d)
Tax information.

(3)
The following program information:

(a)
A list of current degree programs offered by the school in this
state;

(b)
The results of any external degree program evaluations conducted in
the last year;

(c)
A list of any degree programs that have been eliminated in the last
year;

(4)
The latest financial statement for the most recent fiscal year
compiled and audited by an independent certified public accountant,
including any management letters provided by the independent auditor;

(5)
Any other information requested by the state board or the chancellor.

(B)
If a school fails to submit the information required under division
(A) of this section or if the state board or the chancellor finds
that the information submitted under that division is insufficient,
the state board may suspend, withdraw, or revoke a school's
certificate of registration or program authorization.

(C)
Each school subject to this chapter that is authorized to offer
courses or degrees under a certificate of authorization shall
immediately notify the state board and the chancellor if the school
does any of the following:

(1)
Receives notice from the federal government or an institutional
accrediting organization that the school is subject to heightened
reporting standards or special monitoring status, such as the United
States department of education's heightened cash monitoring process;

(2)
Receives preliminary or final accreditation findings;

(3)
Becomes the subject of an investigation by a government agency
related to the school's academic quality, financial stability, or
student consumer protection;

(4)
Fails to make any payments to applicable retirement systems;

(5)
Fails to make any scheduled payroll payments;

(6)
Fails to make any payments to vendors when due as a result of a cash
deficiency or a substantial deficiency in the payment processing
system of the school;

(7)
Fails to make any scheduled payment of principal or interest for
short- or long-term debt;

(8)
Makes budget revisions resulting in a substantially reduced ending
fund balance or larger deficit;

(9)
Becomes aware of significant negative variance between the most
recently adopted annual budget and actual revenues or expenses as
projected at the end of the fiscal year.

(D)
A document received by the state board or the chancellor under
division (C)(1), (2), or (3) of this section that is confidential
under federal law is not subject to release under a public records
request until such time as the document is released publicly by the
appropriate entity. Further, financial documentation of the school
received by the state board or the chancellor under this section is
not a public record under section 149.43 of the Revised Code.

Sec.
3332.22.
(A)
As used in this section:

(1)
"Online program manager" means an entity that is not an
institution of higher education as defined under "The Higher
Education Act of 1965," 20 U.S.C. 1001 that enters into an
agreement with a career college or school to provide marketing and
recruitment services and at least one additional service, including
course design, technology, or faculty training, to support an
accredited online degree program.

(2)
"Career college or school" means a school subject to this
chapter and a private institution exempt from regulation under this
chapter as prescribed in section 3333.046 of the Revised Code, if the
institution has a program with a certificate of authorization
pursuant to Chapter 1713. of the Revised Code.

(B)
If a career college or school enters into a contract with an online
program manager, the career college or school shall ensure the
contract is in compliance with relevant program standards and
requirements.

(C)
A career college or school that enters into a contract with an online
program manager shall post on each online degree program web site it
maintains that it utilizes an online program manager for services.
The career college or school shall require the online program manager
to identify itself when providing services to students.

(D)
A career college or school shall not permit an online program manager
to control, make decisions regarding, administer, or disburse student
financial aid.

Sec.
3333.04.
The
chancellor of higher education shall:

(A)
Make studies of state policy in the field of higher education and
formulate a master plan for higher education for the state,
considering the needs of the people, the needs of the state, and the
role of individual public and private institutions within the state
in fulfilling these needs;

(B)(1)
Report annually to the governor and the general assembly on the
findings from the chancellor's studies and the master plan for higher
education for the state;

(2)
Report at least semiannually to the general assembly and the governor
the enrollment numbers at each state-assisted institution of higher
education.

(C)
Approve or disapprove the establishment of new branches or academic
centers of state colleges and universities;

(D)
Approve or disapprove the establishment of state technical colleges
or any other state institution of higher education;

(E)
Recommend the nature of the programs, undergraduate, graduate,
professional, state-financed research, and public services which
should be offered by the state colleges, universities, and other
state-assisted institutions of higher education in order to utilize
to the best advantage their facilities and personnel;

(F)
Recommend to the state colleges, universities, and other
state-assisted institutions of higher education graduate or
professional programs, including, but not limited to, doctor of
philosophy, doctor of education, and juris doctor programs, that
could be eliminated because they constitute unnecessary duplication,
as shall be determined using the process developed pursuant to this
division, or for other good and sufficient cause. Prior to
recommending a program for elimination, the chancellor shall hold at
least one public hearing on the matter to determine whether the
program should be recommended for elimination. The chancellor shall
provide notice of each hearing within a reasonable amount of time
prior to its scheduled date.

For
purposes of determining the amounts of any state instructional
subsidies paid to state colleges, universities, and other
state-assisted institutions of higher education, the chancellor may
exclude students enrolled in any program that the chancellor has
recommended for elimination pursuant to this division except that the
chancellor shall not exclude any such student who enrolled in the
program prior to the date on which the chancellor initially commences
to exclude students under this division.

The
chancellor and state colleges, universities, and other state-assisted
institutions of higher education shall jointly develop a process for
determining which existing graduate or professional programs
constitute unnecessary duplication.

(G)
Recommend to the state colleges, universities, and other
state-assisted institutions of higher education programs which should
be added to their present programs;

(H)
Conduct studies for the state colleges, universities, and other
state-assisted institutions of higher education to assist them in
making the best and most efficient use of their existing facilities
and personnel;

(I)
Make recommendations to the governor and general assembly concerning
the development of state-financed capital plans for higher education;
the establishment of new state colleges, universities, and other
state-assisted institutions of higher education; and the
establishment of new programs at the existing state colleges,
universities, and other institutions of higher education;

(J)
Review the appropriation requests of the public community colleges
and the state colleges and universities and submit to the office of
budget and management and to the chairpersons of the finance
committees of the house of representatives and of the senate the
chancellor's recommendations in regard to the biennial higher
education appropriation for the state, including appropriations for
the individual state colleges and universities and public community
colleges. For the purpose of determining the amounts of instructional
subsidies to be paid to state-assisted colleges and universities, the
chancellor shall define "full-time equivalent student" by
program per academic year. The definition may take into account the
establishment of minimum enrollment levels in technical education
programs below which support allowances will not be paid. Except as
otherwise provided in this section, the chancellor shall make no
change in the definition of "full-time equivalent student"
in effect on November 15, 1981, which would increase or decrease the
number of subsidy-eligible full-time equivalent students, without
first submitting a fiscal impact statement to the president of the
senate, the speaker of the house of representatives, the legislative
service commission, and the director of budget and management. The
chancellor shall work in close cooperation with the director of
budget and management in this respect and in all other matters
concerning the expenditures of appropriated funds by state colleges,
universities, and other institutions of higher education.

(K)
Seek the cooperation and advice of the officers and trustees of both
public and private colleges, universities, and other institutions of
higher education in the state in performing the chancellor's duties
and making the chancellor's plans, studies, and recommendations;

(L)
Appoint advisory committees consisting of persons associated with
public or private secondary schools, members of the state board of
education, or personnel of the department of education and workforce;

(M)
Appoint advisory committees consisting of college and university
personnel, or other persons knowledgeable in the field of higher
education, or both, in order to obtain their advice and assistance in
defining and suggesting solutions for the problems and needs of
higher education in this state;

(N)
Approve or disapprove all new degrees and new degree programs at all
state colleges, universities, and other state-assisted institutions
of higher education.

When
considering approval of a new degree or degree program for a state
institution of higher education, as defined in section 3345.011 of
the Revised Code, the chancellor shall take into account the extent
to which the degree or degree program aligns with the state's
workforce development priorities.

(O)
Adopt such rules as are necessary to carry out the chancellor's
duties and responsibilities. The rules shall prescribe procedures for
the chancellor to follow when taking actions associated with the
chancellor's duties and responsibilities and shall indicate which
types of actions are subject to those procedures. The procedures
adopted under this division shall be in addition to any other
procedures prescribed by law for such actions. However, if any other
provision of the Revised Code or rule adopted by the chancellor
prescribes different procedures for such an action, the procedures
adopted under this division shall not apply to that action to the
extent they conflict with the procedures otherwise prescribed by law.
The procedures adopted under this division shall include at least the
following:

(1)
Provision for public notice of the proposed action;

(2)
An opportunity for public comment on the proposed action, which may
include a public hearing on the action by the chancellor;

(3)
Methods for parties that may be affected by the proposed action to
submit comments during the public comment period;

(4)
Written publication of the final action taken by the chancellor and
the chancellor's rationale for the action;

(5)
A timeline for the process described in divisions (O)(1) to (4) of
this section.

(P)
Make recommendations to the governor and the general assembly
regarding the design and funding of the student financial aid
programs specified in sections 3333.122, 3333.21 to 3333.26, and
5910.02 of the Revised Code;

(Q)
Participate in education-related state or federal programs on behalf
of the state and assume responsibility for the administration of such
programs in accordance with applicable state or federal law;

(R)
Adopt rules for student financial aid programs as required by
sections 3333.122, 3333.21 to 3333.26, 3333.28, and 5910.02 of the
Revised Code, and perform any other administrative functions assigned
to the chancellor by those sections;

(S)
Conduct enrollment audits of state-supported institutions of higher
education;

(T)
Appoint consortia of college and university personnel to advise or
participate in the development and operation of statewide
collaborative efforts, including the Ohio supercomputer center, the
Ohio academic resources network, OhioLink, and the Ohio learning
network. For each consortium, the chancellor shall designate a
college or university to serve as that consortium's fiscal agent,
financial officer, and employer. Any funds appropriated for the
consortia shall be distributed to the fiscal agents for the operation
of the consortia.
A
consortium shall follow the rules of the college or university that
serves as its fiscal agent.
The
chancellor may restructure existing consortia, appointed under this
division, in accordance with procedures adopted under divisions
(O)(1) to (5) of this section.

A
consortium shall follow the rules of the college or university that
serves as its fiscal agent, except that when making a purchase with
appropriated funds of any product that includes semiconductors, a
consortium shall conduct the purchase in accordance with rules
adopted by the director of administrative services under division (B)
of section 125.09 of the Revised Code for giving preference to Buy
Ohio products.

(U)
Adopt rules establishing advisory duties and responsibilities of the
department of higher education not otherwise prescribed by law;

(V)
Respond to requests for information about higher education from
members of the general assembly and direct staff to conduct research
or analysis as needed for this purpose.

Notwithstanding
any provision of law to the contrary, and to reduce duplicative
reporting, the chancellor may use data or information submitted to
the higher education information system and other public data
exchanges, as determined appropriate, to fulfill reporting
requirements, provided the information is materially consistent.

Sec.
3333.041.
(A)
On or before the last day of December of each year, the chancellor of
higher education shall submit to the governor and, in accordance with
section 101.68 of the Revised Code, the general assembly a report or
reports concerning all of the following:

(1)
The status of graduates of Ohio school districts at state
institutions of higher education during the twelve-month period
ending on the thirtieth day of September of the current calendar
year. The report shall list, by school district, the number of
graduates of each school district who attended a state institution of
higher education and the percentage of each district's graduates
enrolled in a state institution of higher education during the
reporting period who were required during such period by the college
or university, as a prerequisite to enrolling in those courses
generally required for first-year students, to enroll in a remedial
course in English, including composition or reading, mathematics, and
any other area designated by the chancellor. The chancellor also
shall make the information described in division (A)(1) of this
section available to the board of education of each city, exempted
village, and local school district.

Each
state institution of higher education shall, by the first day of
November of each year, submit to the chancellor in the form specified
by the chancellor the information the chancellor requires to compile
the report.

(2)
The following information with respect to the Ohio tuition trust
authority:

(a)
The name of each investment manager that is a minority business
enterprise or a women's business enterprise with which the chancellor
contracts;

(b)
The amount of assets managed by investment managers that are minority
business enterprises or women's business enterprises, expressed as a
percentage of assets managed by investment managers with which the
chancellor has contracted;

(c)
Efforts by the chancellor to increase utilization of investment
managers that are minority business enterprises or women's business
enterprises.

(3)
The chancellor's strategy in assigning choose Ohio first
scholarships, as established under section 3333.61 of the Revised
Code, among state universities and colleges and how the actual awards
fit that strategy.

(4)
The academic and economic impact of the Ohio co-op/internship program
established under section 3333.72 of the Revised Code. At a minimum,
the report shall include the following:

(a)
Progress and performance metrics for each initiative that received an
award in the previous fiscal year;

(b)
Economic indicators of the impact of each initiative, and all
initiatives as a whole, on the regional economies and the statewide
economy;

(c)
The chancellor's strategy in allocating awards among state
institutions of higher education and how the actual awards fit that
strategy.

(B)
On or before the fifteenth day of February of each year, the
chancellor shall submit to the governor and, in accordance with
section 101.68 of the Revised Code, the general assembly a report
concerning aggregate academic growth data for students assigned to
graduates of teacher preparation programs approved under section
3333.048 of the Revised Code who teach English language arts or
mathematics in any of grades four to eight in a public school in
Ohio. For this purpose, the chancellor shall use the value-added
progress dimension prescribed by section 3302.021 of the Revised Code
or the alternative student academic progress measure if adopted under
division (C)(1)(e) of section 3302.03 of the Revised Code. The
chancellor shall aggregate the data by graduating class for each
approved teacher preparation program, except that if a particular
class has ten or fewer graduates to which this division applies, the
chancellor shall report the data for a group of classes over a
three-year period. In no case shall the report identify any
individual graduate. The department of education and workforce shall
share any data necessary for the report with the chancellor.

(C)
As used in this section:

(1)
"Minority business enterprise" has the same meaning as in
section 122.71 of the Revised Code.

(2)
"State institution of higher education" and "state
university" have the same meanings as in section 3345.011 of the
Revised Code.

(3)
"State university or college" has the same meaning as in
section 3345.12 of the Revised Code.

(4)
"Women's business enterprise" means a business, or a
partnership, corporation, limited liability company, or joint venture
of any kind, that is owned and controlled by women who are United
States citizens and residents of this state.

Sec.
3333.0415.
Not
later than December 31, 2025, the chancellor of higher education, in
collaboration with the department of education and workforce and the
governor's office of workforce transformation, shall establish the
level of attainment necessary to achieve identified performance
targets across a range of degrees and credentials.

Sec.
3333.0420.
(A)
As used in this section:

(1)
"Online program manager" means an entity that is not an
institution of higher education as defined under "The Higher
Education Act of 1965," 20 U.S.C. 1001 that enters into an
agreement with a state institution of higher education to provide
marketing and recruitment services and at least one additional
service, including course design, technology, or faculty training, to
support an accredited online degree program.

(2)
"State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.

(B)
If a state institution of higher education enters into a contract
with an online program manager, the institution shall ensure the
contract is in compliance with relevant program standards and
requirements.

(C)
A state institution of higher education that enters into a contract
with an online program manager shall post on each online degree
program web site it maintains that it utilizes an online program
manager for services. The institution shall require the online
program manager to identify itself when providing services to
students.

(D)
A state institution of higher education shall not permit an online
program manager to control, make decisions regarding, administer, or
disburse student financial aid.

Sec.
3333.053.
The
chancellor of higher education shall serve indefinitely as the
records custodian for the eastern gateway community college upon that
college ceasing operations. However, the chancellor may enter into an
agreement authorizing a third party to serve as the records custodian
in the chancellor's place.

Sec.
3333.074.
(A)
Each state institution of higher education, as defined in section
3345.011 of the Revised Code, annually shall submit, in a form and
manner determined by the chancellor of higher education, the
following information to assess the performance and compliance of the
state institution:

(1)
Verification of current accreditation status and a copy of the state
institution's most recent higher learning commission institutional
update report;

(2)
A plan to preserve student records indefinitely in the event of
closure of the state institution or discontinuation of service. The
plan shall include a method by which students and alumni of the state
institution may retrieve student records by request. The plan shall
also include a designation and signed confirmation of an official
custodian of student records. Student records preserved under the
plan shall include, but not be limited to:

(a)
Academic transcripts;

(b)
Financial aid documents;

(c)
International student forms;

(d)
Tax information.

(3)
The results of any external degree program evaluations conducted in
the last year;

(4)
A list of any degree programs that have been eliminated in the last
year;

(5)
Any other information requested by the chancellor.

(B)
The chancellor may rescind program approval if a state institution of
higher education fails to submit the information required under
division (A) of this section or if the chancellor finds that the
information submitted under that division is insufficient.

(C)
Each state institution of higher education shall immediately inform
the chancellor if the state institution does any of the following:

(1)
Receives notice from the federal government or an institutional
accrediting organization that the state institution is subject to
heightened reporting standards or special monitoring status, such as
the United States department of education's heightened cash
monitoring process;

(2)
Receives preliminary or final accreditation findings;

(3)
Becomes the subject of an investigation by a government agency
related to the institution's academic quality, financial stability,
or student consumer protection;

(4)
Requests an advance of a state subsidy;

(5)
Fails to make any payments to applicable retirement systems, such as
the public employees retirement system or the state teachers
retirement system;

(6)
Fails to make any scheduled payroll payments;

(7)
Fails to make any payments to vendors when due as a result of a cash
deficiency or a substantial deficiency in the payment processing
system of the state institution;

(8)
Fails to make any scheduled payment of principal or interest for
short- or long-term debt;

(9)
Makes budget revisions resulting in a substantially reduced ending
fund balance or larger deficit;

(10)
Becomes aware of significant negative variance between the most
recently adopted annual budget and actual revenues or expenses as
projected at the end of the fiscal year.

(D)
A document received by the chancellor under division (C)(1), (2), or
(3) of this section that is confidential under federal law is not
subject to release under a public record request until such time as
the document is released publicly by the appropriate entity.

Sec.
3333.129.
(A)
The "Teach CS" grant program is established to
fund
coursework, materials, and exams to
support

the

increasing

the

number
of
existing
Ohio

teachers who qualify to teach computer science
,
or expand the knowledge of existing teachers,

through all of the following:

(1)
A supplemental license that involves a mentorship-based pathway for
existing teachers;

(2)
A university endorsement program that involves a coursework-based
path for existing teachers;

(3)
An alternative resident educator licensure pathway for industry
experts and other nonteachers;

(4)
A continuing education program that offers professional development
to existing teachers, including those that teach pre-kindergarten to
twelve who are generalists and those seeking advanced content
knowledge.

The
chancellor of higher education shall administer the program.
Funds
may be spent on coursework, materials, exams, teacher stipends,
performance-based incentives, and for other purposes as determined by
the chancellor to support the expansion of computer science
education.

(B)
The chancellor, in consultation with the department of education and
workforce, shall develop an application process and criteria for
awards. Priority may be given to education consortia that include
economically disadvantaged schools in which there are limited
computer science courses offered or where there is an unmet need for
teachers credentialed to teach computer science courses, as
determined by the chancellor.

Sec.
3333.1210.
Beginning
with first-time scholarships awarded for fiscal year 2027, each
student who accepts a scholarship under the governor's merit
scholarship program shall sign a statement of commitment to reside in
this state for the three years immediately following the individual's
graduation from an institution of higher education in this state.

Sec.
3333.13.
As
used in sections 3333.13 to 3333.137 of the Revised Code, "employed
as a service attorney" means
either

any

of
the following:

(A)
An attorney who works a minimum of thirty-five hours per week for a
minimum of forty-five weeks each service year and who is employed by
any of the following:

(1)
The state public defender;

(2)
The prosecuting attorney of a county;

(3)
A county public defender commission;

(4)
A joint county public defender commission to represent indigent
persons.

(B)
Counsel appointed by the court or selected by an indigent person
under division (E) of section 120.16 or division (E) of section
120.26 of the Revised Code, who works in an area designated as an
underserved community under section 3333.132 of the Revised Code for
a minimum of five hundred twenty hours each service year.

(C)
An attorney engaged in the private practice of law, who practices
civil law, and who works in an area designated as an underserved
community under section 3333.132 of the Revised Code for a minimum of
five hundred twenty hours each service year.

Sec.
3333.131.
There
is hereby created the rural practice incentive program, which shall
be administered by the chancellor of higher education. The purpose of
the program is to provide loan repayment on behalf of attorneys who
agree to employment
or
practice
as
service attorneys in areas designated as underserved communities by
the chancellor pursuant to section 3333.132 of the Revised Code.

Under
the program, the chancellor
,
by means of a contract entered into under section 3333.135 of the
Revised Code,

may agree to repay up to the amount set pursuant to section 3333.135
of the Revised Code of the principal and interest of a government or
other educational loan taken by an individual for the following
expenses, so long as the expenses were incurred while the individual
was enrolled in a law school
in
the United States that was, during the time enrolled, accredited by
the American bar association, or a law school located outside the
United States for which the individual received a foreign equivalency
evaluation
that
meets accreditation standards established by the Ohio supreme court
:

(A)
Tuition;

(B)
Other educational expenses, such as fees, books, and expenses, for
specific purposes and in amounts determined to be reasonable by the
chancellor;

(C)
Room and board, in an amount determined reasonable by the chancellor.

Sec.
3333.132.
Each
biennium, the chancellor of higher education shall designate by rule
any county with a ratio of attorneys
maintaining
interest-bearing trust accounts pursuant to section 4705.09 of the
Revised Code
to
the population in the county equal to or less than one to
seven

fifteen

hundred
as an underserved community. The Ohio access to justice foundation,
pursuant to division (A) of section 120.521 of the Revised Code,
shall assist the chancellor by determining the ratio described in
this section.

Sec.
3333.133.
(A)
An individual who meets all of the following requirements may apply
for participation in the rural practice incentive program:

(1)
The individual is a citizen of the United States, a national of the
United States, or a permanent resident of the United States.

(2)
The individual either:

(a)
Is a student enrolled in the final year of law school; or

(b)
Has been admitted to the practice of law in this state by the Ohio
supreme court for less than
eight

twelve

years
and remains in good standing.

(3)
The individual is not enrolled in
any
other state or federally funded student loan repayment or debt
forgiveness program, including under
the
public service loan forgiveness program, 34 C.F.R. 685.219, or the
"John R. Justice Prosecutors and Defenders Incentive Act of
2008," 34 U.S.C. 10671 et seq.

(B)
An application for participation in the rural practice incentive
program shall be submitted to the chancellor of higher education on a
form that the chancellor shall prescribe. The individual shall submit
the following information with an application:

(1)
The individual's name, permanent address or address at which the
individual is currently residing if different from the permanent
address, and telephone number;

(2)
The law school the individual is attending or attended, the dates of
attendance, and verification of attendance;

(3)
The individual's employer, as applicable;

(4)
A summary and verification of the educational expenses for which the
individual seeks reimbursement under the program;

(5)
Verification that the individual has been admitted to the practice of
law in this state for less than eight years by the Ohio supreme court
and remains in good standing, unless the individual is a student;

(6)
Verification the individual is a citizen of the United States, a
national of the United States, or a permanent resident of the United
States.

Sec.
3333.134.
If
funds are available in the rural practice incentive fund created
under section 3333.136 of the Revised Code and the general assembly
has appropriated funds for the rural practice incentive program, the
chancellor of higher education shall approve an individual for
participation in the program, for reimbursement up to fifty thousand
dollars, if the chancellor finds that the individual is eligible for
participation in the program.

Upon
approval, the chancellor shall notify and enter into discussions with
the individual. The object of the discussions is to facilitate the
recruitment of the individual to become or remain employed as a
service attorney within an underserved community.

If
the chancellor and individual agree on the individual's employment as
a service attorney within an underserved community, the individual
shall prepare, sign, and deliver to the chancellor a letter of intent
agreeing to that placement.

The
chancellor shall approve individuals for participation in the rural
practice incentive program in a manner proportionate to the number of
each of the following types of attorneys who apply to the program,
with an aim toward disbursing loan repayments equitably among each
type:

(A)
Attorneys employed by the prosecuting attorney of a county;

(B)
Attorneys employed by the state public defender, a county public
defender commission, or a joint county public defender commission to
represent indigent persons;

(C)
Attorneys described in division (B) of section 3333.13 of the Revised
Code.

Sec.
3333.135.
(A)
After signing a letter of intent under section 3333.134 of the
Revised Code, an individual
and
the chancellor of higher education may enter into a contract for the
individual's participation in the rural practice incentive program.
The individual's employer also may be a party to the contract
shall
sign a promissory note payable to the state in the event that the
individual does not satisfy the service obligation of division (B) of
this section and as outlined in the note. The amount payable under
the note shall be the amount corresponding to the agreed upon service
obligation as outlined in division (C) of this section
.

(B)
The
contract

individual

shall

include
all of the following obligations:

(1)
The individual agrees to
remain
employed as a service attorney within the underserved community
identified
in
the letter of intent
for
the
number
of hours and
duration
specified in the
contract
promissory
note
;

(2)
(C)

The chancellor
agrees
shall
agree
,
as provided in section 3333.131 of the Revised Code, to repay, so
long as the individual satisfies the service obligation agreed to
under division
(B)(1)
(B)

of this section, the following amount of the principal and interest
of a government or other educational loan taken by the individual for
expenses described in section 3333.131 of the Revised Code:

(a)
(1)

For a three-year service obligation, up to thirty thousand dollars;

(b)
(2)

For an additional fourth or fifth year of service, up to an
additional twenty thousand dollars.

(3)
The individual agrees to pay the chancellor an amount established by
rules adopted under section 3333.137 of the Revised Code if the
individual fails to complete the service obligation agreed to under
division (B)(1) of this section.

(C)
(D)

The
contract

promissory
note
shall
include
the
following
terms
as
agreed
upon by the parties
prescribed
by the chancellor, including
:

(1)
The individual's required length of service in the underserved
community, which must be at least three years with an optional fourth
year and optional fifth year;

(2)
(a)
In the case of an attorney employed by the state public defender, the
prosecuting attorney of a county, a county public defender
commission, or a joint county public defender commission, the number
of weekly hours the individual will be engaged in practice in the
underserved community;

(b)
In the case of private counsel appointed by the court or selected by
an indigent person pursuant to Chapter 120. of the Revised Code, the
number of hours over the service year the individual will be engaged
in practice in the underserved community.

(3)

The maximum amount that the chancellor will repay on behalf of the
individual.

(D)
(E)

If the amount specified in division
(C)(3)
(D)(2)

of this section includes federal funds, the amount of state funds
repaid on the individual's behalf shall be the same as the amount of
those federal funds.

Sec.
3333.164.
(A)
As used in this section
,
"state
:

(1)
"Armed forces" has the same meaning as in section 3313.471
of the Revised Code.

(2)
"Private institution of higher education" has the same
meaning as in section 5919.34 of the Revised Code.

(3)
"State
institution
of higher education" has the same meaning as in section 3345.011
of the Revised Code.

(B)

Not
later than December 31, 2014, the
The

chancellor
of higher education shall do all of the following with regard to the
awarding of college credit for military training, experience, and
coursework:

(1)
Develop a set of standards and procedures for state institutions of
higher education to utilize in the granting of college credit for
military training, experience, and coursework;

(2)
Create a military articulation and transfer assurance guide for
college credit that is earned through military training, experience,
and coursework. The chancellor shall use the current articulation and
transfer policy adopted pursuant to section 3333.16 of the Revised
Code as a model in developing this guide.

(3)
Create a web site that contains information related to the awarding
of college credit for military training, experience, and coursework.
The web site shall include both of the following:

(a)
Standardized resources that address frequently asked questions
regarding the awarding of such credit and related issues;

(b)
A statewide database that shows how specified military training,
experience, and coursework translates to college credit.

(4)
Develop a statewide training program that prepares faculty and staff
of state institutions of higher education to evaluate various
military training, experience, and coursework and to award
appropriate equivalent credit. The training program shall incorporate
the best practices of awarding credit for military experiences,
including both the recommendations of the American council on
education and the standards developed by the council for adult and
experiential learning.

(C)

Beginning
on July 1, 2015, state
State

institutions
of higher education shall ensure that appropriate equivalent credit
is awarded for military training, experience, and coursework that
meet the standards developed by the chancellor pursuant to this
section.

(D)
Notwithstanding any provision of law to the contrary, the chancellor
may require a state institution of higher education or a private
institution of higher education to establish a process to
systematically evaluate military training, experience, and coursework
and to award appropriate equivalent college credit to a student who
is a veteran of the armed forces. The chancellor may adopt rules to
implement this division.

Sec.
3333.24.
(A)
As used in this section:

(1)
"Eligible student" means a student to whom all of the
following apply:

(a)
The student is a resident of this state under rules adopted by the
chancellor of higher education under section 3333.31 of the Revised
Code.

(b)
The student has completed a free application for federal student aid
for the year for which the grant is to be awarded.

(c)
The student enrolls in a qualified program at a community, state
community, or technical college, an Ohio technical center, or a state
university branch campus.

(2)
"Qualified program" means
either
of the following:

(a)
For a student who received a first-time grant under this section
prior to the effective date of this amendment,
a
credit or noncredit program that leads to an industry-recognized
credential, certificate, or degree and prepares the student for a job
that meets either of the following criteria:

(a)
(i)

It is identified as an "in-demand" or "critical"
job as determined by the office of workforce transformation.

(b)
(ii)

It is submitted by a community, state community, or technical
college, an Ohio technical center, or a state university branch
campus and will meet regional workforce needs, as approved by the
chancellor.

(b)
For a student who receives a first-time grant under this section on
or after the effective date of this amendment, a program that meets
alternative criteria established by the chancellor of higher
education, in consultation with the office of workforce
transformation, based on the emerging workforce needs of the state.

(B)
The chancellor of higher education shall establish the Ohio work
ready grant program. Under the program, the chancellor shall award a
grant of up to three thousand dollars to eligible students enrolled
in a qualified program. Grant award amounts made to eligible students
enrolled on either a full-time or part-time basis shall be computed
in accordance with rules adopted by the chancellor. No student shall
be eligible to receive a grant for more than six semesters or the
equivalent of three academic years.

(C)
Eligible students shall apply to participate in the program in a form
and manner prescribed by the chancellor. The chancellor shall
determine the form and manner of payments.

(D)(1)
The program shall be funded in the sums and manner designated for
such purpose by the general assembly, but the chancellor also may
receive funds from other sources to support the program.

(2)
If, for any academic year, the amounts available for support of the
program are inadequate to provide grants to all eligible students,
the chancellor may establish different grant amounts based on the
number of applicants and the total amount of funds set aside for that
purpose.

(E)
The chancellor, in consultation with the providers of qualified
programs, shall collect and report program metrics that include all
of the following:

(1)
Demographics of recipients, including:

(a)
Age, disaggregated as follows:

(i)
Twenty-four years and younger;

(ii)
Twenty-five to thirty-four years;

(iii)
Thirty-five to forty-nine years;

(iv)
Fifty years and older.

(b)
Gender;

(c)
Race and ethnicity;

(d)
Enrollment status as full- or part-time;

(e)
Pell grant status.

(2)
Success rates of recipients, including program retention and
completion;

(3)
Total number of industry-recognized credentials
,
including technician-aligned associate degrees,

awarded, disaggregated by subject or program area.

Sec.
3333.374.
(A)

After
receipt of recommendations from the scholarship rules advisory
committee or if no recommendations are received, the
The

chancellor
of higher education, with the approval of the treasurer of state,
shall adopt rules, in accordance with Chapter 119. of the Revised
Code, establishing policy guidelines for the implementation of the
scholarship and fellowship programs.

(B)
Nothing in this section
or
section 3333.373 of the Revised Code
shall
prevent the chancellor, with the approval of the treasurer of state,
from amending or rescinding rules adopted pursuant to division (A) of
this section, or from adopting new rules, in accordance with Chapter
119. of the Revised Code, from time to time as are necessary to
further the purposes of sections 3333.37 to 3333.375 of the Revised
Code.

Sec.
3333.952.
(A)
The chancellor of higher education, in collaboration with the
department of education and workforce, the department of job and
family services, the inter-university council, the association of
independent colleges and universities, and any other relevant
entities, shall establish the public policy research consortium on
higher education. The consortium shall develop and maintain a
biennial statewide research agenda that identifies key policy
challenges and research priorities crucial to the state's future,
drawing on input from policymakers, practitioners, and community
stakeholders. The goals of the statewide research agenda shall be to
do all of the following:

(1)
Provide policymakers and practitioners with timely, relevant, and
rigorous research findings on problems of significant importance to
the state's citizens, enabling informed decision-making and effective
policies;

(2)
Increase the active engagement of the state's higher education
institutions in addressing real-world issues of direct relevance to
the state's social, economic, and civic well-being, fostering a
stronger connection between academia and public service;

(3)
Cultivate the next generation of policy-focused researchers and
practitioners by providing valuable research opportunities to faculty
and post-graduate students.

(B)
The chancellor shall do all of the following:

(1)
Award competitive research grants to faculty and post-graduate
students whose research aligns with the biennial research agenda
established under division (A) of this section. Grants shall be
awarded in a tiered structure based on project scope and complexity.
A grant award shall not exceed ten thousand dollars. Fifty per cent
of funding shall be disbursed upon grant approval, with the remaining
balance released upon successful completion of the research and
submission of the final report.

(2)
Establish a clear rubric to evaluate proposed research projects that
contains a peer-reviewed process, involving both academic experts and
relevant practitioners;

(3)
Manage the grant process and disseminate research findings through
the department's web site, policy briefs, annual presentations to the
standing committees of each house of the general assembly that
consider higher education legislation, and community forums.

Sec.
3333.96.
(A)
The strategic square footage reduction fund is created in the state
treasury. The fund shall consist of money credited or transferred to
it and grants, gifts, and contributions made directly to it. In
addition to any such money, gift, or contribution, funds may be
transferred from the Ohio tuition trust reserve fund to the strategic
square footage reduction fund, in accordance with section 3334.11 of
the Revised Code.

(B)
The strategic square footage reduction fund shall be used to make
revolving loans to state institutions of higher education, as defined
in section 3345.011 of the Revised Code, that enable the voluntary
reduction of physical square footage.

(C)
The chancellor of higher education shall administer and award, in
consultation with the Ohio facilities construction commission, the
revolving loans described in division (B) of this section. The
chancellor, in consultation with the commission, shall establish all
of the following:

(1)
Procedures and forms by which state institutions of higher education
may apply for a loan;

(2)
A competitive process for ranking applicants and awarding the loans,
with priority consideration given to state institutions of higher
education that have experienced a decrease in their general student
populations, as determined by the chancellor;

(3)
Procedures and timelines for distributing loans and collecting
payments for the strategic square footage reduction fund.

(D)
Each state institution of higher education shall include in its
application all of the following:

(1)
The extent to which the square footage may have value if sold or
reallocated to serve other purposes, which may include kindergarten
through twelve, career-technical, or adult educational purposes,
community interests, or business and industry partnerships;

(2)
The relative age and condition of the facilities to be deconstructed;

(3)
Historical enrollment patterns as well as future enrollment
projections;

(4)
The composition of classes offered in person versus in an online
format;

(5)
The level of deferred maintenance;

(6)
The prior level of state investment;

(7)
The amount of annual operating expenses defrayed by eliminating the
square footage;

(8)
A report from the office of budget and management detailing the
extent and the status of past capital budget appropriations
supporting the project and the existence of any outstanding bonded
debt derived from such support.

The
chancellor and the Ohio facilities construction commission shall
consider the information supplied under this division in making final
awards.

(E)
Each state institution of higher education that receives a loan under
this section annually shall certify to the chancellor, on a date and
in such form and manner as prescribed by the chancellor, a summary of
financial information regarding the loan.

(F)
Prior to a state institution using the loan to pay the demolition
costs of a facility, the following shall occur:

(1)
The board of trustees of that institution shall adopt a resolution
approving the demolition.

(2)
Notwithstanding anything to the contrary in the Revised Code, any net
proceeds received from any demolition of real property made pursuant
to this section shall, at the direction of the director of budget and
management, be credited to the strategic square footage reduction
fund.

(G)
Each state institution of higher education receiving loans under this
section shall not construct any new facility during the time period
in which demolition is occurring.

Sec.
3333.97.
(A)
As used in this section, "state institution of higher education"
and "state university" have the same meanings as in section
3345.011 of the Revised Code.

(B)
The chancellor of higher education shall do all of the following:

(1)
Determine and provide the criteria for approving accelerated
ninety-hour degree programs established under the accelerated college
and career pathways program established under section 3345.89 of the
Revised Code;

(2)
Provide technical assistance to each state university during the
development of accelerated ninety-hour degree programs and aligned
model college credit plus pathways as required under section 3345.89
of the Revised Code;

(3)
Identify how students can count credit earned in high school, a
nontraditional training program, another state institution of higher
education, or work experiences as part of the ninety-hour degree
programs at a state university. Each state university shall accept
credit from incoming students that meet the criteria under this
division.

(4)
Annually publish on the chancellor's web site all of the following:

(a)
Each ninety-hour degree program offered by a state university;

(b)
The number of students participating in each ninety-hour degree
program;

(c)
The number of students that complete each ninety-hour degree program;

(d)
Any additional information as determined by the chancellor.

Sec.
3334.11.
(A)
The assets of the Ohio tuition trust authority reserved for payment
of the obligations of the authority pursuant to tuition payment
contracts shall be placed in a fund, which is hereby created and
shall be known as the Ohio tuition trust fund. The fund shall be in
the custody of the treasurer of state, but shall not be part of the
state treasury. That portion of payments received by the authority or
the treasurer of state from persons purchasing tuition units under
tuition payment contracts that the authority determines is
actuarially necessary for the payment of obligations of the authority
pursuant to tuition payment contracts, all interest and investment
income earned by the fund, and all other receipts of the authority
from any other source that the authority determines appropriate,
shall be deposited in the fund. No purchaser or beneficiary of
tuition units shall have any claim against the funds of any state
institution of higher education. All investment fees and other costs
incurred in connection with the exercise of the investment powers of
the authority pursuant to divisions (D) and (E) of this section shall
be paid from the assets of the fund.

(B)
Unless otherwise provided by the authority, the assets of the Ohio
tuition trust fund shall be expended in the following order:

(1)
To make payments to beneficiaries, or institutions of higher
education on behalf of beneficiaries, under division (B) of section
3334.09 of the Revised Code;

(2)
To make refunds as provided in divisions (A) and (C) of section
3334.10 of the Revised Code;

(3)
To pay the investment fees and other costs of administering the fund.

(C)(1)
Except as may be provided in an agreement under division (A)(19) of
section 3334.08 of the Revised Code, all disbursements from the Ohio
tuition trust fund shall be made by the treasurer of state on order
of a designee of the authority.

(2)
The treasurer of state shall deposit any portion of the Ohio tuition
trust fund not needed for immediate use in the same manner as state
funds are deposited.

(D)
The authority is the trustee of the Ohio tuition trust fund. The
authority shall have full power to invest the assets of the fund and
in exercising this power shall be subject to the limitations and
requirements contained in divisions (K) to (M) of this section and
sections 145.112 and 145.113 of the Revised Code. The evidences of
title of all investments shall be delivered to the treasurer of state
or to a qualified trustee designated by the treasurer of state as
provided in section 135.18 of the Revised Code. Assets of the fund
shall be administered by the authority in a manner designed to be
actuarially sound so that the assets of the fund will be sufficient
to satisfy the obligations of the authority pursuant to tuition
payment contracts and defray the reasonable expenses of administering
the fund.

(E)
The authority may enter into an agreement with any business, entity,
or governmental agency to perform the investment duties of the
authority as set forth in division (D) of this section. The
investment powers shall be exercised by the business, entity, or
governmental agency that entered into an agreement with the authority
in a manner agreed upon by the authority that maximizes the return on
investment and minimizes the administrative expenses.

(F)(1)
The authority shall maintain a separate account for each tuition
payment contract entered into pursuant to division (A) of section
3334.09 of the Revised Code for the purchase of tuition units on
behalf of a beneficiary or beneficiaries showing the beneficiary or
beneficiaries of that contract and the number of tuition units
purchased pursuant to that contract. Upon request of any beneficiary
or person who has entered into a tuition payment contract, the
authority shall provide a statement indicating, in the case of a
beneficiary, the number of tuition units purchased on behalf of the
beneficiary, or in the case of a person who has entered into a
tuition payment contract, the number of tuition units purchased,
used, or refunded pursuant to that contract. A beneficiary and person
that have entered into a tuition payment contract each may file only
one request under this division in any year.

(2)
The authority shall maintain an account for each scholarship program
showing the number of tuition units that have been purchased for or
donated to the program and the number of tuition units that have been
used. Upon the request of the entity that established the scholarship
program, the authority shall provide a statement indicating these
numbers.

(G)(1)
In addition to the Ohio tuition trust fund, there is hereby
established a reserve fund that shall be in the custody of the
treasurer of state but shall not be part of the state treasury, and
shall be known as the Ohio tuition trust reserve fund, and an
operating fund that shall be part of the state treasury, and shall be
known as the Ohio tuition trust operating fund. That portion of
payments received by the authority or the treasurer of state from
persons purchasing tuition units under tuition payment contracts that
the authority determines is not actuarially necessary for the payment
of obligations of the authority pursuant to tuition payment
contracts, any interest and investment income earned by the reserve
fund, any administrative charges and fees imposed by the authority on
transactions under this chapter or on purchasers or beneficiaries of
tuition units, and all other receipts from any other source that the
authority determines appropriate, shall be deposited in the reserve
fund to pay the operating expenses of the authority and the costs of
administering the program. The assets of the reserve fund may be
invested in the same manner and subject to the same limitations set
forth in divisions (D), (E), and (K) to (M) of this section and
sections 145.112 and 145.113 of the Revised Code. All investment fees
and other costs incurred in connection with the exercise of the
investment powers shall be paid from the assets of the reserve fund.
Except as otherwise provided for in this chapter, all operating
expenses of the authority and costs of administering the program
shall be paid from the operating fund.

(2)
The treasurer
of
state
shall,
upon request of the authority, transfer funds from the reserve fund
to the operating fund as the authority determines appropriate to pay
those current operating expenses of the authority and costs of
administering the program as the authority designates. Any interest
or investment income earned on the assets of the operating fund shall
be deposited in the operating fund.

(3)
The treasurer of state shall, upon request by the chancellor of
higher education and approval by the director of budget and
management, transfer funds from the reserve fund to the strategic
square footage reduction fund created under section 3333.96 of the
Revised Code.

(H)
In January of each year the authority shall report to each person who
received any payments or refunds from the authority during the
preceding year information relative to the value of the payments or
refunds to assist in determining that person's tax liability.

(I)
The authority shall report to the tax commissioner any information,
and at the times, as the tax commissioner requires to determine any
tax liability that a person may have incurred during the preceding
year as a result of having received any payments or refunds from the
authority.

(J)
All records of the authority indicating the identity of purchasers
and beneficiaries of tuition units or college savings bonds, the
number of tuition units purchased, used, or refunded under a tuition
payment contract, and the number of college savings bonds purchased,
held, or redeemed are not public records within the meaning of
section 149.43 of the Revised Code.

(K)(1)
The authority and other fiduciaries shall discharge their duties with
respect to the funds with care, skill, prudence, and diligence under
the circumstances then prevailing that a prudent person acting in a
like capacity and familiar with such matters would use in the conduct
of an enterprise of a like character and with like aims; and by
diversifying the investments of the assets of the funds so as to
minimize the risk of large losses, unless under the circumstances it
is clearly prudent not to do so.

(2)
To facilitate investment of the funds, the authority may establish a
partnership, trust, limited liability company, corporation, including
a corporation exempt from taxation under the Internal Revenue Code,
100 Stat. 2085, 26 U.S.C. 1, as amended, or any other legal entity
authorized to transact business in this state.

(L)
In exercising its fiduciary responsibility with respect to the
investment of the assets of the funds, it shall be the intent of the
authority to give consideration to investments that enhance the
general welfare of the state and its citizens where the investments
offer quality, return, and safety comparable to other investments
currently available to the authority. In fulfilling this intent,
equal consideration shall also be given to investments otherwise
qualifying under this section that involve minority owned and
controlled firms and firms owned and controlled by women, either
alone or in joint venture with other firms.

The
authority shall adopt, in regular meeting, policies, objectives, or
criteria for the operation of the investment program that include
asset allocation targets and ranges, risk factors, asset class
benchmarks, time horizons, total return objectives, and performance
evaluation guidelines. In adopting policies and criteria for the
selection of agents with whom the authority may contract for the
administration of the assets of the funds, the authority shall give
equal consideration to minority owned and controlled firms, firms
owned and controlled by women, and ventures involving minority owned
and controlled firms and firms owned and controlled by women that
otherwise meet the policies and criteria established by the
authority. Amendments and additions to the policies and criteria
shall be adopted in regular meeting. The authority shall publish its
policies, objectives, and criteria under this provision no less often
than annually and shall make copies available to interested parties.

When
reporting on the performance of investments, the authority shall
comply with the performance presentation standards established by the
association for investment management and research.

(M)
All investments shall be purchased at current market prices and the
evidences of title of the investments shall be placed in the hands of
the treasurer of state, who is hereby designated as custodian
thereof, or in the hands of the treasurer of state's authorized
agent. The treasurer of state or the agent shall collect the
principal, dividends, distributions, and interest thereon as they
become due and payable and place them when so collected into the
custodial funds.

The
treasurer of state shall pay for investments purchased by the
authority on receipt of written or electronic instructions from the
authority or the authority's designated agent authorizing the
purchase and pending receipt of the evidence of title of the
investment by the treasurer of state or the treasurer of state's
authorized agent. The authority may sell investments held by the
authority, and the treasurer of state or the treasurer of state's
authorized agent shall accept payment from the purchaser and deliver
evidence of title of the investment to the purchaser on receipt of
written or electronic instructions from the authority or the
authority's designated agent authorizing the sale, and pending
receipt of the moneys for the investments. The amount received shall
be placed in the custodial funds. The authority and the treasurer of
state may enter into agreements to establish procedures for the
purchase and sale of investments under this division and the custody
of the investments.

No
purchase or sale of any investment shall be made under this section
except as authorized by the authority.

Any
statement of financial position distributed by the authority shall
include fair value, as of the statement date, of all investments held
by the authority under this section.

Sec.
3335.39.
(A)(1)
The Salmon P. Chase center for civics, culture, and society is
established as an independent academic unit within the Ohio state
university
,
physically located in the college of public affairs
.
The center shall conduct teaching and research in the historical
ideas, traditions, and texts that have shaped the American
constitutional order and society.

(2)
The center shall establish bylaws requiring the center to do all of
the following:

(a)
Educate students by means of free, open, and rigorous intellectual
inquiry to seek the truth;

(b)
Affirm its duty to equip students with the skills, habits, and
dispositions of mind they need to reach their own informed
conclusions on matters of social and political importance;

(c)
Affirm the value of intellectual diversity in higher education and
aspire to enhance the intellectual diversity of the university;

(d)
Affirm a commitment to create a community dedicated to an ethic of
civil and free inquiry, which respects the intellectual freedom of
each member, supports individual capacities for growth, and welcomes
the differences of opinion that shall naturally exist in a public
university community.

The
requirements prescribed under divisions (A)(2)(a) to (d) of this
section shall take priority over any other bylaws adopted by the
center.

(3)
The board of trustees of the university may change the name of the
center in accordance with the philanthropic naming policies and
practices of the university.

(B)
(B)(1)

The center shall be an independent academic unit
physically
located at the college of public affairs
with
the authority to house tenure-track faculty who hold their
appointments within the center. Faculty appointed to the center shall
not be required, but may, hold joint appointments within any other
division of the university. Not fewer than fifteen tenure-track
faculty positions shall be allotted to teach under the center. No
faculty outside of the center shall have the authority to block
faculty hires into the center.

(2)
The university shall provide adequate and appropriate space for the
center as jointly determined by the director and either the president
or provost of the university. The university shall not charge or
assess overhead or indirect fees, costs, expenses, or charges to the
center.

(C)(1)
The center shall offer instruction in all of the following:

(a)
The books and major debates which form the intellectual foundation of
free societies, especially that of the United States;

(b)
The principles, ideals, and institutions of the American
constitutional order;

(c)
The foundations of responsible leadership and informed citizenship.

(2)
The center also shall focus on both of the following:

(a)
Offering university-wide programming related to the values of free
speech and civil discourse;

(b)
Expanding the intellectual diversity of the university's academic
community.

(D)(1)

Not
later than November 20, 2023, the
The

board
of trustees of the university shall appoint, with the advice and
consent of the senate, a seven-member Chase center academic council.
An initial member shall not begin service until confirmed by the
senate. Four members shall form a quorum.

(2)
The academic council shall be comprised of scholars with relevant
expertise and experience. Not more than one member of the council may
be an employee of the university. Best efforts shall be made to have
not fewer than three members of the advisory board be from Ohio.

(3)
Three members of the academic council shall serve initial terms of
two years and four members shall serve initial terms of four years,
which the members shall determine at their first meeting, and select
replacements for vacant seats.

(E)(1)
The academic council established under division (D) of this section
shall conduct a nationwide search for candidates for the director of
the center and shall strictly adhere to all relevant state and
federal laws. The academic council shall submit to the president of
the university a list of finalists from which the president shall
select and appoint a director, subject to approval by the board of
trustees. Future directors shall be chosen in the same manner.

(2)
The director shall have the protection of tenure or tenure
eligibility. The director shall
consult
with the dean of the college of public affairs; however, the director
shall
report
directly to the provost or the president of the university.

(3)
The director shall have the sole and exclusive authority to manage
the recruitment and hiring process and to extend offers for
employment for all faculty and staff, and to terminate employment of
all staff. The director shall oversee, develop, and approve the
center's curriculum
,
including approval of the center's courses that meet the university's
general education requirements
.
The center shall be granted the authority to offer courses and
develop certificate, minor, and major programs as well as graduate
programs, and offer degrees.

(F)
The director of the center shall submit an annual report to the board
of trustees of the university and the general assembly in accordance
with section 101.68 of the Revised Code. The report shall provide a
full account of the center's achievements, opportunities, challenges,
and obstacles in the development of this academic unit.

Sec.
3339.06.
(A)(1)
The Miami university center for civics, culture, and society is
established as an independent academic unit within Miami university
,
physically located in the college of arts and sciences
.
The center shall conduct teaching and research in the historical
ideas, traditions, and texts that have shaped the American
constitutional order and society.

(2)
The center shall establish bylaws requiring the center to do all of
the following:

(a)
Educate students by means of free, open, and rigorous intellectual
inquiry to seek the truth;

(b)
Affirm its duty to equip students with the skills, habits, and
dispositions of mind they need to reach their own informed
conclusions on matters of social and political importance;

(c)
Affirm the value of intellectual diversity in higher education and
aspire to enhance the intellectual diversity of the university;

(d)
Affirm a commitment to create a community dedicated to an ethic of
civil and free inquiry, which respects the intellectual freedom of
each member, supports individual capacities for growth, and welcomes
the differences of opinion that shall naturally exist in a public
university community.

The
requirements prescribed under divisions (A)(2)(a) to (d) of this
section shall take priority over any other bylaws adopted by the
center.

(3)
The board of trustees of the university may name the center in
accordance with the philanthropic naming policies and practices of
the university.

(B)
(B)(1)

The center shall be an independent academic unit physically located
at the college of arts and sciences with the authority to house
tenure-track faculty who hold their appointments within the center.
Faculty appointed to the center shall not be required, but may, hold
joint appointments within any other division of the university. Not
fewer than ten tenure-track faculty positions shall be allotted to
teach under the center. No faculty outside of the center shall have
the authority to block faculty hires into the center.

(2)
The university shall provide adequate and appropriate space for the
center as jointly determined by the director and either the president
or provost of the university. The university shall not charge or
assess overhead or indirect fees, costs, expenses, or charges to the
center.

(C)(1)
The center shall offer instruction in all of the following:

(a)
The books and major debates which form the intellectual foundation of
free societies, especially that of the United States;

(b)
The principles, ideals, and institutions of the American
constitutional order;

(c)
The foundations of responsible leadership and informed citizenship.

(2)
The center also shall focus on both of the following:

(a)
Offering university-wide programming related to the values of free
speech and civil discourse;

(b)
Expanding the intellectual diversity of the university's academic
community.

(D)(1)

Not
later than December 31, 2023, the
The

board
of trustees of the university shall appoint, with the advice and
consent of the senate, a seven-member center academic council. An
initial member shall not begin service until confirmed by the senate.
Four members shall form a quorum.

(2)
The academic council shall be comprised of scholars with relevant
expertise and experience. Not more than one member of the council may
be an employee of the university. Best efforts shall be made to have
not fewer than three members of the advisory board be from Ohio.

(3)
Three members of the academic council shall serve initial terms of
two years and four members shall serve initial terms of four years,
which the members shall determine at their first meeting, and select
replacements for vacant seats.

(E)(1)
The academic council established under division (D) of this section
shall conduct a nationwide search for candidates for the director of
the center and shall strictly adhere to all relevant state and
federal laws. The academic council shall submit to the president of
the university a list of finalists from which the president shall
select and appoint a director, subject to approval by the board of
trustees. Future directors shall be chosen in the same manner.

(2)
The director shall have the protection of tenure or tenure
eligibility. The director shall
consult
with the dean of the college of arts and sciences; however, the
director shall
report
directly to the provost or the president of the university.

(3)
The director shall have the sole and exclusive authority to manage
the recruitment and hiring process and to extend offers for
employment for all faculty and staff of the center, and to terminate
employment of all staff. The director shall oversee, develop, and
approve the center's curriculum
,
including approval of the center's courses that meet the university's
general education requirements
.
The center shall be granted the authority to offer courses and
develop certificate, minor, and major programs as well as graduate
programs, and offer degrees.

(F)
The director of the center shall submit an annual report to the board
of trustees of the university and the general assembly in accordance
with section 101.68 of the Revised Code. The report shall provide a
full account of the center's achievements, opportunities, challenges,
and obstacles in the development of this academic unit.

Sec.
3344.07.
(A)(1)
The Cleveland state university center for civics, culture, and
society is established as an independent academic unit within
Cleveland state university
,
physically located in the Levin college of public affairs and
education
.
The center shall conduct teaching and research in the historical
ideas, traditions, and texts that have shaped the American
constitutional order and society.

(2)
The center shall establish bylaws requiring the center to do all of
the following:

(a)
Educate students by means of free, open, and rigorous intellectual
inquiry to seek the truth;

(b)
Affirm its duty to equip students with the skills, habits, and
dispositions of mind they need to reach their own informed
conclusions on matters of social and political importance;

(c)
Affirm the value of intellectual diversity in higher education and
aspire to enhance the intellectual diversity of the university;

(d)
Affirm a commitment to create a community dedicated to an ethic of
civil and free inquiry, which respects the intellectual freedom of
each member, supports individual capacities for growth, and welcomes
the differences of opinion that shall naturally exist in a public
university community.

The
requirements prescribed under divisions (A)(2)(a) to (d) of this
section shall take priority over any other bylaws adopted by the
center.

(3)
The board of trustees of the university may name the center in
accordance with the philanthropic naming policies and practices of
the university.

(B)
(B)(1)

The center shall be an independent academic unit physically located
at the college of public affairs and education with the authority to
house tenure-track faculty who hold their appointments within the
center. Faculty appointed to the center shall not be required, but
may, hold joint appointments within any other division of the
university. Not fewer than ten tenure-track faculty positions shall
be allotted to teach under the center. No faculty outside of the
center shall have the authority to block faculty hires into the
center.

(2)
The university shall provide adequate and appropriate space for the
center as jointly determined by the director and either the president
or provost of the university. The university shall not charge or
assess overhead or indirect fees, costs, expenses, or charges to the
center.

(C)(1)
The center shall offer instruction in all of the following:

(a)
The books and major debates which form the intellectual foundation of
free societies, especially that of the United States;

(b)
The principles, ideals, and institutions of the American
constitutional order;

(c)
The foundations of responsible leadership and informed citizenship.

(2)
The center also shall focus on both of the following:

(a)
Offering university-wide programming related to the values of free
speech and civil discourse;

(b)
Expanding the intellectual diversity of the university's academic
community.

(D)(1)

Not
later than December 31, 2023, the
The

board
of trustees of the university shall appoint, with the advice and
consent of the senate, a seven-member center academic council. An
initial member shall not begin service until confirmed by the senate.
Four members shall form a quorum.

(2)
The academic council shall be comprised of scholars with relevant
expertise and experience. Not more than one member of the council may
be an employee of the university. Best efforts shall be made to have
not fewer than three members of the advisory board be from Ohio.

(3)
Three members of the academic council shall serve initial terms of
two years and four members shall serve initial terms of four years,
which the members shall determine at their first meeting, and select
replacements for vacant seats.

(E)(1)
The academic council established under division (D) of this section
shall conduct a nationwide search for candidates for the director of
the center and shall strictly adhere to all relevant state and
federal laws. The academic council shall submit to the president of
the university a list of finalists from which the president shall
select and appoint a director, subject to approval by the board of
trustees. Future directors shall be chosen in the same manner.

(2)
The director shall have the protection of tenure or tenure
eligibility. The director shall
consult
with the dean of the college of public affairs and education;
however, the director shall
report
directly to the provost or the president of the university.

(3)
The director shall have the sole and exclusive authority to manage
the recruitment and hiring process and to extend offers for
employment for all faculty and staff of the center, and to terminate
employment of all staff. The director shall oversee, develop, and
approve the center's curriculum
,
including approval of the center's courses that meet the university's
general education requirements
.
The center shall be granted the authority to offer courses and
develop certificate, minor, and major programs as well as graduate
programs, and offer degrees.

(F)
The director of the center shall submit an annual report to the board
of trustees of the university and the general assembly in accordance
with section 101.68 of the Revised Code. The report shall provide a
full account of the center's achievements, opportunities, challenges,
and obstacles in the development of this academic unit.

Sec.
3345.06.
As
used in this section, "state institution of higher education"
and "state university" have the same meanings as in section
3345.011 of the Revised Code.

(A)
(A)(1)

Subject to divisions (B) and (C) of this section, a graduate of the
twelfth grade shall be entitled to admission without examination to
any
college
or university which is supported wholly or in part by the state
state
institution of higher education
,
but for unconditional admission may be required to complete such
units not included in the graduate's high school course as may be
prescribed, not less than two years prior to the graduate's entrance,
by the faculty of the institution.

(2)
Subject to divisions (B) and (C) of this section, each graduate of
the twelfth grade who is in the top ten per cent of a graduating
class as determined by the chancellor of higher education shall be
entitled to admission to any state institution of higher education.
If the student does not meet the standards for unconditional
admission under division (A) of this section, a state university may
delay main campus admission and admit the student to a university
branch campus.

(3)
Subject to divisions (B) and (C) of this section, each graduate who
is in the top five per cent of a graduating class as determined by
the chancellor shall be entitled to admission to the main campus of a
state institution of higher education, provided the recipient meets
the application and acceptance deadlines for admission to the main
campus.

(4)
The chancellor of higher education, in consultation with the director
of education and workforce, shall identify a process to provide each
state institution of higher education with information on students
who are eligible for admission under divisions (A)(2) and (3) of this
section.

(B)
Beginning with the 2014-2015 academic year, each state university

listed
in section 3345.011 of the Revised Code
,
except for Central state university, Shawnee state university, and
Youngstown state university, shall permit a resident of this state
who entered ninth grade for the first time on or after July 1, 2010,
to begin undergraduate coursework at the university only if the
person has successfully completed the requirements for high school
graduation prescribed in division (C) of section 3313.603 of the
Revised Code, unless one of the following applies:

(1)
The person has earned at least ten semester hours, or the equivalent,
at a community college, state community college, university branch,
technical college, or another post-secondary institution except a
state university to which division (B) of this section applies, in
courses that are college-credit-bearing and may be applied toward the
requirements for a degree. The university shall grant credit for
successful completion of those courses pursuant to any applicable
articulation and transfer policy of the chancellor of higher
education or any agreements the university has entered into in
accordance with policies and procedures adopted under section
3333.16, 3333.161, or 3333.162 of the Revised Code. The university
may count college credit that the student earned while in high school
through the college credit plus program under Chapter 3365. of the
Revised Code, or through other advanced standing programs, toward the
requirements of division (B)(1) of this section if the credit may be
applied toward a degree.

(2)
The person qualified to graduate from high school under division (D)
or (F) of section 3313.603 of the Revised Code and has successfully
completed the topics or courses that the person lacked to graduate
under division (C) of that section at any post-secondary institution
or at a summer program at the state university. A state university
may admit a person for enrollment contingent upon completion of such
topics or courses or summer program.

(3)
The person met the high school graduation requirements by
successfully completing the person's individualized education program
developed under section 3323.08 of the Revised Code.

(4)
The person is receiving or has completed the final year of education
at home as authorized under section 3321.042 of the Revised Code, or
has graduated from a nonchartered, nonpublic school in Ohio, and
demonstrates mastery of the academic content and skills in reading,
writing, and mathematics needed to successfully complete introductory
level coursework at an institution of higher education and to avoid
remedial coursework.

(5)
The person is a high school student participating in the college
credit plus program under Chapter 3365. of the Revised Code or
another advanced standing program.

(C)
A state university subject to division (B) of this section may delay
admission for or admit conditionally an undergraduate student who has
successfully completed the requirements prescribed in division (C) of
section 3313.603 of the Revised Code if the university determines the
student requires academic remedial or developmental coursework. The
university may delay admission pending, or make admission conditional
upon, the student's successful completion of the academic remedial or
developmental coursework at a university branch, community college,
state community college, or technical college.

(D)
This section does not deny the right of a college of law, medicine,
or other specialized education to require college training for
admission, or the right of a department of music or other art to
require particular preliminary training or talent.

Sec.
3345.382.
(A)
As used in this section, "state institution of higher education"
has the same meaning as in section 3345.011 of the Revised Code.

(B)
Each state institution of higher education shall develop a course
with not fewer than three credit hours in the subject area of
American civic literacy. The course shall include a study of the
American economic system and capitalism. The course shall comply with
the criteria, policies, and procedures established under section
3333.16 of the Revised Code. The course may be offered under the
college credit plus program established under Chapter 3365. of the
Revised Code. The course shall, at a minimum, require each student to
read all the following:

(1)
The entire Constitution of the United States;

(2)
The entire Declaration of Independence;

(3)
A minimum of five essays in their entirety from the Federalist
Papers. The essays shall be selected by the department chair.

(4)
The entire Emancipation Proclamation;

(5)
The entire Gettysburg Address;

(6)
The entire Letter from Birmingham Jail written by Dr. Martin Luther
King Jr;

(7)
The writings of Adam Smith, including a study of the principles
written in The Wealth of Nations.

Any
student who takes the course shall be required to pass a cumulative
final examination at the conclusion of the course that assesses
student proficiency about the documents described in divisions (B)(1)
to (7) of this section.

Each
state institution of higher education board of trustees shall adopt a
resolution approving a plan to offer the course developed under this
section. Each state institution shall submit that plan to the
chancellor of higher education. The chancellor shall review and
approve each plan. Prior to approving a plan, the chancellor may
require a state institution to revise the plan and the course.

Each
state institution of higher education board of trustees also shall
adopt a resolution specifying the conditions under which the state
institution's president or designee may exempt a student under
division (D)(3) of this section.

(C)
Beginning with students who graduate from a state institution of
higher education in the spring semester, or equivalent quarter, of
the 2029-2030 academic year, no state institution of higher education
shall grant a bachelor's degree to any student unless the student
completes a course described in division (B) of this section. A state
institution may require students to complete the course as part of
the institution's general education courses of study.

(D)
The president of a state institution of higher education, or the
president's designee, may exempt a student from the requirement to
complete a course described in division (B) of this section, if the
president or designee determines that the student has completed at
least one of the following:

(1)
A course offered under the college credit plus program established
under Chapter 3365. of the Revised Code that satisfies the content
requirements described in division (B) of this section and is
approved by the chancellor;

(2)
An advanced placement course and examination that satisfy the content
requirements described in division (B) of this section and are
approved by the chancellor, and the student receives a score of three
or higher on that examination;

(3)
At least three credit hours, or the equivalent, in a course in the
subject area of American history or American government

which
includes the study of the documents described in divisions (B)(1) to
(7) of this section.

Division
(D)(3) of this section does not apply after the 2030-2031 academic
year
.

(E)
This section does not apply to associate's degree programs.

Sec.
3345.457.
(A)
As used in this section, "state institution of higher education"
has the same meaning as in section 3345.011 of the Revised Code.

(B)
The board of trustees of each state institution of higher education
has ultimate authority to establish new academic programs, schools,
colleges, institutes, departments, and centers at the institution.
Notwithstanding anything in section 3333.0420 of the Revised Code to
the contrary, the board of trustees may not delegate the board's
authority to adopt a curricular approval process under this section
or to approve or reject academic programs.

(C)
The board of trustees of each state institution of higher education
shall adopt a curricular approval process to establish and modify
academic programs, curricula, courses, general education
requirements, and degree programs. The process developed under this
division shall do all of the following:

(1)
Grant the faculty senate, or comparable representative body, the
opportunity to provide advice, feedback, and recommendations on the
establishment and modification of academic programs, curricula,
courses, general education requirements, and degree programs;

(2)
Clarify that all feedback and recommendations by the faculty senate,
or comparable representative body, is advisory in nature;

(3)
Retain the board's final, overriding authority to approve or reject
any establishment or modification of academic programs, curricula,
courses, general education requirements, and degree programs.

(D)
Each board of trustees shall complete the initial curricular approval
process developed under this section not later than six months after
the effective date of this section, unless the institution's
president grants a one-month extension, and every five years
thereafter. The board of trustees shall submit each completed version
of the approval process developed under this section to the
chancellor of higher education.

Sec.
3345.48.
(A)
As used in this section:

(1)
"Cohort" means a group of students who will complete their
bachelor's degree requirements and graduate from a state university
at the same time. A cohort may include transfer students and other
selected undergraduate student academic programs as determined by the
board of trustees of a state university.

(2)
"Eligible student" means an undergraduate student who:

(a)
Is enrolled full-time in a bachelor's degree program at a state
university;

(b)
Is a resident of this state, as defined by the chancellor of higher
education under section 3333.31 of the Revised Code.

(3)
"State university" has the same meaning as in section
3345.011 of the Revised Code.

(B)
The board of trustees of each state university shall establish an
undergraduate tuition guarantee program that allows eligible students
in the same cohort to pay a fixed rate for general and instructional
fees for four years. A board of trustees may include room and board
and any additional fees in the program.

The
board shall adopt rules for the program that include, but are not
limited to, all of the following:

(1)
The number of credit hours required to earn an undergraduate degree
in each major;

(2)
A guarantee that the general and instructional fees for each student
in the cohort shall remain constant for four years so long as the
student complies with the requirements of the program, except that,
notwithstanding any law to the contrary, the board may increase the
guaranteed amount by up to six per cent above what has been charged
in the previous academic year one time for the first cohort enrolled
under the tuition guarantee program. If the board of trustees
determines that economic conditions or other circumstances require an
increase for the first cohort of above six per cent, the board shall
submit a request to increase the amount by a specified percentage to
the chancellor. The chancellor, based on information the chancellor
requires from the board of trustees, shall approve or disapprove such
a request. Thereafter, except as provided in division (F) of this
section, the board of trustees may increase the guaranteed amount by
up to the sum

of
the following above what has been charged in the previous academic
year one time per subsequent cohort:

(a)
The average rate of inflation, as measured by the consumer price
index prepared by the bureau of labor statistics of the United States
department of labor (all urban consumers, all items), for the
previous thirty-six-month period; and

(b)
The percentage amount the general assembly restrains increases on
in-state undergraduate instructional and general fees for the
applicable fiscal year. If the general assembly does not enact a
limit on the increase of in-state undergraduate instructional and
general fees, then no limit shall apply under this division for the
cohort that first enrolls in any academic year for which the general
assembly does not prescribe a limit.

If,
beginning with the academic year that starts four years after
September 29, 2013, the board of trustees determines that the general
and instructional fees charged under the tuition guarantee have
fallen significantly lower than those of other state universities,
the board of trustees may submit a request to increase the amount
charged to a cohort by a specified percentage to the chancellor, who
shall approve or disapprove such a request.

(3)
A benchmark by which the board sets annual increases in general and
instructional fees. This benchmark and any subsequent change to the
benchmark shall be subject to approval of the chancellor.

(4)
Eligibility requirements for students to participate in the program;

(5)
Student rights and privileges under the program;

(6)
Consequences to the university for students unable to complete a
degree program within four years, as follows:

(a)
For a student who could not complete the program in four years due to
a lack of available classes or space in classes provided by the
university, the university shall provide the necessary course or
courses for completion to the student free of charge.

(b)
For a student who could not complete the program in four years due to
military service or other circumstances beyond a student's control,
as determined by the board of trustees, the university shall provide
the necessary course or courses for completion to the student at the
student's initial cohort rate.

(c)
For a student who did not complete the program in four years for any
other reason, as determined by the board of trustees, the university
shall provide the necessary course or courses for completion to the
student at a rate determined through a method established by the
board under division (B)(7) of this section.

(7)
Guidelines for adjusting a student's annual charges if the student,
due to circumstances under the student's control, is unable to
complete a degree program within four years;

(8)
A requirement that the rules adopted under division (B) of this
section be published or posted in the university handbook, course
catalog, and web site.

(C)
The board shall submit the rules adopted under division (B) of this
section to the chancellor for approval before beginning
implementation of the program.

The
chancellor shall not unreasonably withhold approval of a program if
the program conforms in principle with the parameters and guidelines
of this section.

(D)
A board of trustees of a state university may establish an
undergraduate tuition guarantee program for nonresident students.

(E)
Except as provided in this section, no other limitation on the
increase of in-state undergraduate instructional and general fees
shall apply to a state university that has established an
undergraduate tuition guarantee program under this section.

(F)
Notwithstanding anything in this section to the contrary, the board
of trustees of a state university shall not charge

the
cohort entering in the 2023-2024
or

,

2024-2025
,
2025-2026, or 2026-2027

academic year a guaranteed amount of general and instructional fees
that is more than three per cent above what was charged to the cohort
that entered the university in the previous academic year.

Sec.
3345.58.
(A)
As used in this section:

(1)
"Academic civics centers" means the following institutes or
centers:

(a)
The center at the Ohio state university established under section
3335.39 of the Revised Code;

(b)
The center at Miami university established under section 3339.06 of
the Revised Code;

(c)
The center at Cleveland state university established under section
3344.07 of the Revised Code;

(d)
The center at Wright state university established under section
3352.16 of the Revised Code;

(e)
The institute at the university of Toledo established under section
3364.07 of the Revised Code.

(2)
"State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.

(B)
The Ohio civics board is established. The board shall consist of the
directors of the academic civics centers, who shall serve as ex
officio members. If an academic civics center does not have a
director, then the center's acting or interim director shall serve on
behalf of that center until a director is selected. No additional
appointment or confirmation by any authority is required for
membership.

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

(1)
Support the academic civics centers to more effectively pursue their
mission of teaching and research in the historical ideas, traditions,
and texts that have shaped the American and Ohio constitutional order
and society;

(2)
Aid voluntary cooperation and coordination between the academic
civics centers, including coordinating intercollegiate efforts and
initiatives among the centers to promote collaboration and serve the
entire state of Ohio;

(3)
Advise the general assembly and chancellor of higher education on
matters pertaining to civic education, including best practices,
program development, and statewide initiatives to enhance civic
literacy and engagement;

(4)
Advise the general assembly and chancellor on curriculum development
and standards in state institutions of higher education and primary
and secondary public education providers, and on the operations of
the academic civics centers;

(5)
Assist the academic councils of the academic civics centers in
fulfilling their statutory duties, including facilitating the
selection process for directors of each center.

(D)
The board shall annually elect a chairperson and vice-chairperson
from among its members. The chairperson shall preside over meetings
and serve as the primary liaison to the chancellor and the general
assembly. The vice-chairperson shall perform the duties of the
chairperson in the absence of the chairperson.

The
board shall meet as necessary at the call of the chairperson or on
the written request of three or more members of the board. The board
shall meet at least twice annually.

A
majority of the members of the board constitutes a quorum, and the
votes of a majority of the quorum present are required to validate
any action of the board, including recommendations.

The
members of the board shall serve without compensation, but each
member shall be reimbursed for the member's actual and necessary
expenses incurred in the performance of the member's official duties
on the board.

(E)
The board shall submit an annual report to the general assembly and
the chancellor not later than the first day of December each year.
The report shall detail the board's activities, recommendations, and
findings related to civic education, higher education curricula,
primary and secondary public education curricula, and the operations
of the academic civics centers.

(F)
The board, in consultation with the chancellor, may adopt rules under
Chapter 119. of the Revised Code as necessary to implement this
section.

Sec.
3345.591.
(A)
As used in this section:

(1)
"People's Republic of China" means the government of China,
the Chinese Communist Party, the People's Liberation Army, or any
other extension of, or entity affiliated with, the government of
China.

(2)
"State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.

(B)
No state institution of higher education shall accept gifts,
donations, or contributions from the People's Republic of China or
any organization the institution reasonably suspects is acting on
behalf of the People's Republic of China.

Nothing
in this section prohibits a state institution of higher education
from accepting payments from Chinese citizens related to
instructional fees, general fees, special fees, cost of instruction,
or educational expenses or donations from the institution's alumni.

Nothing
in this section prohibits a state institution of higher education
from receiving philanthropic or unrestricted grants so long as it
maintains the structural safeguard requirements provided for in
division (E) of this section.

(C)
Each state institution shall submit to the chancellor of higher
education a copy of the report it submits to the United States
department of education pursuant to 20 U.S.C. 1011(f).

(D)
Upon request, the chancellor shall make any information reported
under division (C) of this section available to any member of the
general assembly.

(E)
A state institution shall notify the chancellor of any new or renewed
academic partnership with an academic or research institution located
in China. A state institution shall only enter into a new or renewed
academic partnership with an academic or research institution located
in China if the state institution maintains sufficient structural
safeguards to protect the state institution's intellectual property,
the security of the state of Ohio, and the national security
interests of the United States. The safeguards shall include, at a
minimum, all of the following:

(1)
Compliance with all federal requirements, including the requirements
of federal research sponsors and federal export control agencies,
including regulations regarding international traffic in arms and
export administration regulations, and economic and trade sanctions
administered by the federal office of foreign assets control;

(2)
Annual formal institution-level programs for faculty on conflicts of
interest and conflicts of commitment;

(3)
A formalized foreign visitor process and uniform visiting scholar
agreement.

(F)
The auditor of state shall audit the safeguards implemented by state
institutions of higher education under division (E) of this section
in the course of a normal audit conducted under section
117.46

117.11

of
the Revised Code.

Sec.
3345.601.
Each
state institution of higher education, as defined in section 3345.011
of the Revised Code, annually shall certify to the chancellor of
higher education, on a date and in the form and manner determined by
the chancellor, a plan to preserve student records indefinitely if
the state institution was to cease operations. The plan shall include
the designation and signed confirmation of an official custodian of
student records. If the chancellor determines it necessary, the
chancellor may require a state institution to produce an executed
agreement with the designated custodian of student records, paid in
full, to ensure the state institution's plan can be implemented.

The
chancellor may consult with the higher learning commission, the state
board of career colleges and schools, and other appropriate entities
to establish plans, processes, and procedures for state institutions
to provide indefinite access to student records.

Sec.
3345.71.
As
used in sections 3345.72 to 3345.77 of the Revised Code:

(A)
"State university or college" means any state university
listed in section 3345.011 of the Revised Code, the northeast Ohio
medical university, any community college under Chapter 3354. of the
Revised Code, any technical college under Chapter 3357. of the
Revised Code, and any state community college under Chapter 3358. of
the Revised Code.

(B)

"Fiscal
caution" means the existence of a fiscal caution declared under
section 3345.721 of the Revised Code.

(C)

"Fiscal
watch" means the existence of a fiscal watch declared under
section 3345.72 of the Revised Code.

Sec.
3345.721.
(A)
The chancellor of higher education, in consultation with the office
of budget and management, shall adopt rules in accordance with
section 111.15 of the Revised Code that include all of the following:

(1)
Criteria for determining when to review and, if necessary, declare a
state university or college under fiscal caution. The criteria may
include, but not be limited to, consideration of the following:

(a)
A significant drop in enrollment from the prior year;

(b)
A decline in enrollment for consecutive years;

(c)
A significant increase in enrollment;

(d)
A significant increase in adjunct faculty;

(e)
An increase in student complaints;

(f)
A substantial increase in the number of third-party service providers
who are paid based on success;

(g)
Federal financial aid processing delays;

(h)
Reduced or increased reliance on state share of instruction;

(i)
Receipt of substantial nonrecurring revenue, from any source, that
could signify a structural budget deficit;

(j)
Failure to reconcile or file annual reports promptly, which may cause
a delay in completing a yearly audit even if granted an extension;

(k)
A lack of proper institutional segregation of critical duties,
functions, or responsibilities;

(l)
Significant turnover of faculty, staff, or administrators;

(m)
A significant amount of past due student receivables;

(n)
A significant increase in tuition or fee waivers;

(o)
Change in accreditation status by a nationally recognized accrediting
agency;

(p)
A significant increase in indebtedness;

(q)
A federal program review or actions taken by a federal agency that
adversely affects the state university's or college's finances, cash
management, or educational program offerings;

(r)
Significant changes in a state university's or college's educational
program eligibility or compliance with satisfactory academic progress
requirements in 34 C.F.R. 668.34, including an increase in the use of
correspondence or asynchronous learning materials.

(2)
A requirement that a state university or college declared to be on
fiscal caution shall submit a financial recovery plan, within a
defined period of time after the declaration as determined by the
chancellor, that may include, but is not limited to, any of the
following:

(a)
Projections of revenues and expenditures over a three-year time
horizon and on such other time horizons as may be requested by the
chancellor;

(b)
A comprehensive review of current staffing levels, a comparison of
staffing levels to the number of enrolled students, and a five-year
historical summary of staffing levels;

(c)
A review of the most recent submission of institutional
recommendations for courses and programs based on enrollment and
duplication with other state institutions of higher education, as
required by section 3345.35 of the Revised Code, and submission of
revised recommendations as determined to be necessary;

(d)
A review of any approved tuition waivers, tuition guarantees,
reciprocity agreements, or scholarship programs;

(e)
A plan to reduce expenditures over a six-month, twelve-month,
eighteen-month, and twenty-four-month period, as necessary, to align
ongoing revenue with ongoing expenses;

(f)
A review of contracts that are the largest portion of the state
university's or college's expenditures;

(g)
A program viability analysis, or analyses, as determined by the
chancellor to be necessary in accordance with section 3333.073 of the
Revised Code.

(3)
A requirement that a state university or college declared to be on
fiscal caution shall submit a three-year forecast of revenues and
expenditures, approved in a resolution adopted by the board of
trustees of the state university or college. The three-year forecast
shall be structurally balanced based on a set of underlying
assumptions, including enrollment projections, tuition revenue, and
state funding levels, that are evidence-based and practicable;

(4)
A requirement that a state university or college declared to be on
fiscal caution shall consult with the auditor of state regarding any
necessary or appropriate steps to bring the books of account,
accounting systems, and financial procedures and reports of the state
university or college into compliance with requirements prescribed by
the auditor of state regarding desirable modifications and
supplementary systems and procedures pertinent to the university or
college. The auditor of state shall provide a written report to the
board of trustees of the state university or college outlining the
nature of the financial accounting and reporting problems of the
university or college and recommendations for actions to be
undertaken to correct the financial accounting and reporting
problems. If requested by the state university or college or
recommended by the chancellor, the auditor of state may additionally
perform a performance audit of the state university or college.

(5)
A requirement that for the duration of a fiscal caution, a state
university or college shall submit regular reports on any of the
above matters or new matters identified by the auditor of state or
the chancellor as contributing to the reason for the declaration,
preventing the recovery of the state university or college, or the
inability to be removed from fiscal caution.

(6)
Criteria for determining when to declare the termination of the
fiscal caution of a state university or college.

(B)
A state university or college shall provide the chancellor with all
information requested under this section in the time and manner
determined by the chancellor. Notwithstanding any law to the
contrary, failure to comply in a satisfactory manner, as determined
by the chancellor, may result in a declaration of fiscal watch under
section 3345.72 of the Revised Code.

(C)
Notwithstanding any law to the contrary, the chancellor may impose
limitations on a state university or college that fails to comply
with this section or the rules adopted pursuant to this section or
fails to take decisive action to improve the state university's or
college's financial condition. Such limitations may include, but are
not limited to, the following:

(1)
Limitations on eligibility to participate in grants and programs
administered by the chancellor;

(2)
Limitations on approval of a new degree program or associated
certificates;

(3)
Suspension of additional enrollment in an educational program;

(4)
Restriction of an increase in any special fee or a creation of a new
fee;

(5)
Limitations on the power of the board of trustees to enter into new
or renewed contracts without prior approval from the chancellor;

(6)
Withholding approval of any controlling board request for capital
projects.

(D)
The chancellor, the office of budget and management, or the auditor
of state may conduct any audit or analysis necessary to assess the
fiscal condition of any state university or college.

Sec.
3345.74.
(A)
The chancellor of higher education at least annually shall apply the
indicators and standards adopted under division (A) of section
3345.73 of the Revised Code to determine whether a state university
or college under a fiscal watch is experiencing sufficient fiscal
difficulties to warrant the appointment of a conservator under this
section

or
if the board of trustees of a state university or college has taken
any action related to pausing or stopping enrollment, submitted a
withdrawal of accreditation, or taken any other action indicating it
will no longer offer educational activity or will undergo a wind down
and dissolution of existence
.
Upon making a determination that appointment of a conservator is
warranted, the chancellor shall request from the office of budget and
management, which shall provide, certification that sufficient fiscal
difficulties exist to warrant appointment of a conservator. The
chancellor shall then certify this determination to the governor.

Notwithstanding
section 3333.021 of the Revised Code, that section does not apply to
certification by the chancellor under this section or to the
declaration of a fiscal watch under section 3345.72 of the Revised
Code.

A
determination by the chancellor under this division that sufficient
fiscal difficulties exist or do not exist to warrant appointing a
conservator is final and conclusive and not appealable.

(B)
The governor may appoint a conservator for any state university or
college under a fiscal watch, upon certification by the chancellor
under division (A) of this section that the appointment is warranted.
The governor shall consult with the speaker and minority leader of
the house of representatives and the president and minority leader of
the senate before making the appointment. From the time a conservator
is appointed until the time the governor issues an order terminating
the governance authority under division (B) of section 3345.76 of the
Revised Code, the governor may remove any member of the board of
trustees of the state university or college from office and not fill
the vacancy.

(C)
Upon appointment of a conservator under this section for a state
university or college, all of the following shall occur effective
immediately:

(1)
All duties, responsibilities, and powers of the board of trustees of
the university or college are suspended;

(2)
The management and control of the state university or college is
assumed by the conservator;

(3)
Notwithstanding any section of the Revised Code, all duties,
responsibilities, and powers assigned by law to the board of trustees
are assigned to the conservator, and the conservator becomes the
successor to, assumes the lawful obligations of, and otherwise
constitutes the continuation of the board of trustees for purposes of
all pending legal actions, contracts or other agreements, and
obligations of the university or college;

(4)
Wherever the board of trustees is referred to in any contract or
legal document, the reference is deemed to refer to the conservator.
No validation, cure, right, privilege, remedy, obligation, or
liability is lost or impaired by reason of the assumption of the
board's authority by the conservator under this section and any such
validation, cure, right, privilege, remedy, obligation, or liability
shall be administered by the conservator. No action or proceeding
pending on the effective date of the assumption by the conservator of
the board's authority is affected by that assumption and any such
action or proceeding shall be prosecuted or defended in the name of
the conservator.

(5)
The conservator assumes custody of all equipment, records, files,
effects, and all other property real or personal of the state
university or college;

(6)
All authority and duties of the president or chief executive officer,
and the pay of the president or chief executive officer, are
suspended.

(D)
The conservator for a state university or college shall conduct a
preliminary performance evaluation of the president or chief
executive officer of the university or college and provide a copy of
findings and any recommendations to the governance authority
established for the university or college under section 3345.75 of
the Revised Code.

(E)
A conservator appointed under this section shall be immune,
indemnified, and held harmless from civil liability, including any
cause of action, legal, equitable, or otherwise, for any action taken
or duties performed by the conservator in good faith and in
furtherance of the performance of the duties of the conservator under
this section.

(F)
The governor shall set the compensation for a conservator appointed
for a state university or college. The expenses and compensation of
the conservator and others employed by the conservator shall be paid
out of the operating funds and revenues of that university or
college.

Sec.
3345.75.
(A)
Not later than thirty days after the date of the appointment of a
conservator for a state university or college under section 3345.74
of the Revised Code, the governor shall appoint, with the advice and
consent of the senate, a governance authority for the university or
college consisting of five members
,
of which one shall have expertise in academic affairs and
accreditation and one shall have expertise in either state agency
budgets or state university or college finances
.
The members shall serve at the pleasure of the governor and any
vacancies shall be filled in the same manner as an original
appointment.

The
governor shall designate one of the members of the governance
authority as the chairperson and shall call the first meeting of the
authority. A majority of the members of a governance authority
constitutes a quorum and the affirmative vote of a majority of the
members shall be necessary for any action taken by an authority.
Meetings of a governance authority shall be called in the manner and
at the times prescribed by the authority, but the authority shall
meet at least four times annually and at other times necessary for
the best interest of the university or college. A governance
authority may adopt procedures for the conduct of its business.

The
members of a governance authority shall not receive compensation for
their services, but shall be paid their reasonable and necessary
expenses while engaged in the discharge of their official duties.

(B)(1)
A governance authority established under this section shall appoint
an executive director who shall serve at the pleasure of the
authority and with the compensation and other terms and conditions
established by it. With the approval of the chairperson of the
authority, the executive director may appoint additional personnel as
the director considers appropriate. The executive director shall
oversee the day-to-day operation of the university or college under
the direction and supervision of the authority.

(2)
The governance authority shall conduct a final performance evaluation
of the president or chief executive officer of the university or
college. Following the evaluation, the governance authority may
reinstate any duties, authority, or pay previously suspended under
division (C)(6) of section 3345.74 of the Revised Code, or may
terminate the president or chief executive officer in accordance with
the terms of the person's employment contract.

(C)
Upon appointment of all members of a governance authority under this
section and upon the effective date for the commencement of the
duties of the executive director appointed by that authority under
this section, all authority, responsibilities, duties, and references
assumed by or conferred upon the conservator under divisions (C)(2)
to (6) of section 3345.74 of the Revised Code terminate and all of
the following shall occur, effective immediately:

(1)
The management and control of the state university or college is
assumed by the governance authority;

(2)
Notwithstanding any section of the Revised Code, all duties,
responsibilities, and powers assigned by law to the board of trustees
or to the conservator are assigned to the governance authority and
the governance authority becomes the successor to, assumes the lawful
obligations of, and otherwise constitutes the continuation of the
board of trustees and the conservator for purposes of all pending
legal actions, contracts or other agreements, and obligations of the
university or college;

(3)
Wherever the board of trustees or conservator is referred to in any
contract or legal document, the reference is deemed to refer to the
governance authority. No validation, cure, right, privilege, remedy,
obligation, or liability is lost or impaired by reason of the
assumption of the authority of the board of trustees and the
conservator by the governance authority under this section and any
such validation, cure, right, privilege, remedy, obligation, or
liability shall be administered by the governance authority. No
action or proceeding pending on the effective date of the assumption
by the governance authority of the authority of the board of trustees
and the conservator is affected by that assumption and any such
action or proceeding shall be prosecuted or defended in the name of
the governance authority.

(4)
The governance authority assumes custody of all equipment, records,
files, effects, and all other property real or personal of the state
university or college.

(D)
A governance authority and executive director appointed under this
section shall be immune, indemnified, and held harmless from civil
liability, including any cause of action, legal, equitable, or
otherwise, for any action taken or duties performed by the governance
authority and executive director in good faith and in furtherance of
the performance of the duties of the governance authority and
executive director under this section.

(E)
The expenses of a governance authority and the expenses and
compensation of an executive director appointed for a state
university or college under this section and others employed by the
executive director under this section shall be paid out of the
operating funds and revenues of that university or college.

(F)
A governance authority appointed under this section shall prepare, in
accordance with rules adopted by the office of budget and management,
and submit to the chancellor of higher education, the governor, the
speaker and minority leader of the house of representatives, and the
president and minority leader of the senate a quarterly report
setting forth all of the following:

(1)
The general condition of the university or college;

(2)
The amounts of receipts and disbursements and the items for which the
disbursements were made;

(3)
The numbers of professors, officers, teachers, and other employees
and the position and compensation of each and the numbers of students
by courses of instruction;

(4)
An estimate of expenses for the ensuing quarter;

(5)
A statement of the general progress of the university or college with
indication of any improvements and specification of any experiments
with institutional reform and the costs and results of those
experiments;

(6)

If
the governance authority determines closure is necessary or is
appointed to facilitate an orderly closure as determined to be
necessary by the board of trustees prior to the governance
authority's appointment, all matters related to compliance with the
requirements of a closure of an institution of higher education as
specified by the chancellor;

(7)

Any
other matters the governance authority considers useful to report.

(G)
The attorney general shall be the legal adviser to the conservator
and the governance authority, and the attorney general may employ
special counsel to aid the conservator or governance authority with
respect to any legal matter on behalf of the institution. The
conservator and the governance authority may as otherwise provided by
law request the attorney general to bring or defend suits or
proceedings in the name of the institution.

Sec.
3345.83.
(A)
Beginning not later than the 2027-2028 academic year, each state
institution of higher education, as defined in section 3345.011 of
the Revised Code, shall develop and implement a co-op internship
program that aligns with JobsOhio's target economic sectors and
connects students with Ohio-based employers to facilitate work-based
learning opportunities, which may include apprenticeships,
internships, externships, and co-ops, related to the student's course
of study. Institutions shall work with JobsOhio to develop and
implement their program, which shall include identifying industry and
employer partners.

(B)
The chancellor of higher education shall consult with JobsOhio and
any other appropriate stakeholders to develop the goals, structure,
and parameters of the program. The chancellor may consult with other
stakeholders.

(C)
Beginning on the thirtieth day of June following the academic year in
which the co-op internship program under division (A) of this section
is implemented and annually thereafter, each institution shall issue
a report to the chancellor on the status of the institution's
program, including the number of participating students, which
employers are partnering with the institution, and how many
participating students have received or accepted offers of employment
after graduation as a direct result of their participation in the
program.

Sec.
3345.86.
(A)
As used in this section:

(1)
"Competency-based educational program" and "eligible
individual" have the same meanings as in section 3313.902 of the
Revised Code.

(2)
"Eligible provider" means a community college established
under Chapter 3354. of the Revised Code, a university branch
established under Chapter 3355. of the Revised Code, a technical
college established under Chapter 3357. of the Revised Code, a state
community college established under Chapter 3358. of the Revised
Code, or an Ohio technical center as defined in section 3333.94 of
the Revised Code.

(B)
An eligible provider may establish a competency-based educational
program that complies with standards adopted by the department of
education and workforce and may enroll eligible individuals in the
program for up to three consecutive school years for the purpose of
earning a high school diploma. The provider shall establish a career
plan for each individual enrolled in the program that specifies the
individual's career goals and describes how the individual will
demonstrate competency or earn course credits under division (C) of
section 3313.902 of the Revised Code to earn a diploma and attain the
individual's career goals. Notwithstanding sections 3313.61,
3313.611, 3313.613, 3313.614, 3313.618, and 3313.619 of the Revised
Code, the department shall award a high school diploma to an
individual enrolled in a program who satisfies one of the conditions
specified in division (C) of section 3313.902 of the Revised Code.

(C)
An eligible provider shall report each individual enrolled in a
program under division (B) of this section to the department. The
department annually shall certify the enrollment and attendance of
each individual reported under this division and shall pay the
provider up to $7,500 per school year, as determined by the
department based on the extent of the individual's successful
completion of the diploma requirements prescribed in division (C) of
section 3313.902 of the Revised Code.

(D)
An eligible provider that enrolls individuals under division (B) of
this section is subject to the requirements of section 3313.902 of
the Revised Code, as applicable.

Sec.
3345.89.
(A)
As used in this section:

(1)
"College credit plus pathways" means the pathways developed
under section 3365.13 of the Revised Code.

(2)
"State university" has the same meaning as in section
3345.011 of the Revised Code.

(B)
The accelerated college and career pathways program is established.
Under the program, each state university shall establish at least one
accelerated ninety-hour degree program aligned to an in-demand career
area by the 2027-2028 academic year. Each state university shall
determine the number and types of accelerated degrees to be offered.
Each state university shall do all of the following:

(1)
Include accelerated ninety-hour degree programs in course and program
catalogues;

(2)
Ensure that accelerated ninety-hour degree programs are properly
accredited and meet the requirements for reduced credit hour degree
programs. The chancellor of higher education shall approve each
accelerated ninety-hour degree program developed by a state
university that meets the requirements established under section
3333.97 of the Revised Code.

(3)
Work collaboratively with local and regional business community
partners to identify in-demand career areas during the development of
accelerated ninety-hour degree programs.

(4)
Report to the chancellor all of the following:

(a)
The accelerated ninety-hour degree programs the state university
offers;

(b)
The number of students participating in each program;

(c)
The number of students that complete each program;

(d)
Any additional information required by the chancellor under section
3333.97 of the Revised Code.

(C)(1)
Each state university shall develop, in consultation with local and
regional primary and secondary education partners, model college
credit plus pathways that are aligned with the accelerated
ninety-hour degree programs offered by the state university and
regional and state workforce needs.

(2)
Each public and participating nonpublic secondary school shall
include the model college credit plus pathways developed under
division (C)(1) of this section in the information required to be
provided to students and parents under section 3365.04 of the Revised
Code.

(D)
The chancellor shall not distribute state share of instruction funds
to a state university in any fiscal year in which it does not comply
with this section, as determined by the chancellor.

Sec.
3352.16.
(A)(1)
The Wright state university center for civics, culture, and workforce
development is established as an independent academic division within
Wright state university, physically located on the Dayton campus of
Wright state university. The center shall conduct teaching and
research in the historical ideas, traditions, and texts that have
shaped the American constitutional order and society and the United
States armed forces.

(2)
The center shall establish bylaws requiring the center to do all of
the following:

(a)
Educate students by means of free, open, and rigorous intellectual
inquiry to seek the truth;

(b)
Affirm its duty to equip students with the skills, habits, and
dispositions of mind they need to reach their own informed
conclusions on matters of social and political importance;

(c)
Affirm the value of intellectual diversity in higher education and
aspire to enhance the intellectual diversity of the university;

(d)
Affirm a commitment to create a community dedicated to an ethic of
civil and free inquiry, which respects the intellectual freedom of
each member, supports individual capacities for growth, and welcomes
the differences of opinion that shall naturally exist in a public
university community.

The
requirements prescribed under divisions (A)(2)(a) to (d) of this
section shall take priority over any other bylaws adopted by the
center.

(3)
The board of trustees of the university may name the center in
accordance with the philanthropic naming policies and practices of
the university.

(B)
(B)(1)

The center shall be an independent academic division, physically
located on the Dayton campus of Wright state university, with the
authority to house faculty who hold their appointments within the
center. Faculty appointed to the center shall not be required, but
may, hold joint appointments within any other division of the
university. No faculty outside of the center shall have the authority
to block faculty hires into the center. No university policy shall
govern the development and approval of curriculum within the center.

(2)
The university shall provide adequate and appropriate space for the
center as jointly determined by the director and either the president
or provost of the university. The university shall not charge or
assess overhead or indirect fees, costs, expenses, or charges to the
center.

(C)(1)
The center shall offer instruction in all of the following:

(a)
The books and major debates which form the intellectual foundation of
free societies, especially that of the United States;

(b)
The principles, ideals, and institutions of the American
constitutional order, including the United States armed forces;

(c)
The foundations of responsible leadership and informed citizenship;

(d)
The origins, purpose, and role of Wright-Patterson air force base and
surrounding defense-related industries in supporting the United
States;

(e)
The workforce needs of Wright-Patterson air force base and industries
that support the base.

(2)
The center also shall focus on all of the following:

(a)
Offering university-wide programming related to the values of free
speech and civil discourse;

(b)
Expanding the intellectual diversity of the university's academic
community;

(c)
Increasing the awareness of Wright-Patterson air force base and
supporting workforce needs to sustain and attract missions at the
base.

(D)(1)

Not
later than ninety days after the effective date of this section, the

The

board
of trustees of the university shall appoint, with the advice and
consent of the senate, a seven-member center academic council. An
initial member shall not begin service until confirmed by the senate.
Four members shall form a quorum.

(2)
The academic council shall be comprised of scholars with relevant
expertise and experience. Not more than three members of the council
may be employees of the university. Best efforts shall be made to
have not fewer than three members of the advisory board be from Ohio.

(3)
Three members of the academic council shall serve initial terms of
two years and four members shall serve initial terms of four years,
which the members shall determine at their first meeting, and select
replacements for vacant seats.

(E)(1)
The academic council established under division (D) of this section
shall conduct a nationwide search for candidates for the director of
the center and shall strictly adhere to all relevant state and
federal laws. The academic council shall submit to the president of
the university a list of finalists from which the president shall
select and appoint a director, subject to approval by the board of
trustees. Future directors shall be chosen in the same manner.

(2)
The director shall consult with the provost; however, the director
shall report directly to the president of the university.

(3)
The director shall have the sole and exclusive authority to manage
the recruitment and hiring process and to extend offers for
employment for all faculty and staff of the center, and to terminate
employment of all staff, subject to the approval of the board of
trustees of the university. The director shall oversee, develop, and
approve the center's curriculum
,
including approval of the center's courses that meet the university's
general education requirements
.
The center shall be granted the authority to offer courses
independently and develop certificate, minor, and major programs as
well as graduate programs, and offer degrees.

(4)
Notwithstanding section 3333.164 of the Revised Code, the center
shall develop a set of standards and procedures to maximize the
granting of academic credit for military training, experience, and
coursework.

(5)
Notwithstanding section 3333.31 of the Revised Code, Wright state
university shall not charge more than its in-state instructional and
general fees to any current or honorably discharged member of the
United States armed forces, or the spouse or dependents of such a
member, who enrolls in a program offered by the center, regardless of
whether that member, spouse, or dependent is a resident of this state
under rules adopted under section 3333.31 of the Revised Code.

(F)
The director of the center shall submit an annual report to the board
of trustees of the university and the general assembly in accordance
with section 101.68 of the Revised Code. The report shall provide a
full account of the center's achievements, opportunities, challenges,
and obstacles in the development of this academic division.

Sec.
3354.19.
(A)

As used in sections 3354.19 to
3354.24
3354.21

of the Revised Code, "displaced homemaker" means an
individual who:

(A)
Is twenty-seven years of age or older;

(B)
Has worked without pay as a homemaker for his or her family;

(C)
Is not gainfully employed and has had, or would be likely to have,
difficulty in securing employment; and

(D)
Has either been deprived of the support of a person on whom he or she
was dependent, or has become ineligible for public assistance as the
parent of a needy child.

Sec.
3358.08.
The
board of trustees of a state community college district may:

(A)
Own and operate a state community college;

(B)
Hold, encumber, control, acquire by donation, purchase or condemn,
construct, own, lease, use, and sell, real and personal property as
necessary for the conduct of the program of the state community
college on whatever terms and for whatever consideration may be
appropriate for the purpose of the institution;

(C)
Accept gifts, grants, bequests, and devises absolute or in trust for
support of the state community college;

(D)
Employ a president, and appoint or approve the appointment of other
necessary administrative officers, full-time faculty members, and
operating staff. The board may delegate the appointment of operating
staff and part-time faculty members to the college president. The
board shall fix the rate of compensation of the president and all
officers and full-time employees as are necessary and proper for
state community colleges.

(E)
Provide for the state community college necessary lands, buildings,
or other structures, equipment, means, and appliances;

(F)
Establish within the maximum amounts permitted by law, schedules of
fees and tuition for students who are Ohio residents and students who
are not
;
.
If electors approve a levy under section 3358.11 of the Revised Code
for current operating expenses, the board shall charge students who
reside in the county in which the tax is levied a lower tuition rate
than the rate charged to students who are residents of other counties
in the state.

(G)
Grant appropriate degrees to students successfully completing the
state community college's programs, and certificates of achievement
to students who complete other programs;

(H)
Prescribe policies for the effective operation of the state community
college and exercise such other powers as are necessary for the
efficient management of the college;

(I)
Enter into contracts with neighboring colleges and universities for
the conduct of state community college programs or technical courses
outside the state community college district;

(J)
Purchase:

(1)
A policy or policies of insurance insuring the district against loss
or damage to property, whether real, personal, or mixed, which is
owned by the district or leased by it as lessee or which is in the
process of construction by or for the district;

(2)
A policy or policies of fidelity insurance in such amounts and
covering such trustees, officers, and employees of the district as
the board may consider necessary or desirable;

(3)
A policy or policies of liability insurance from an insurer or
insurers licensed to do business in this state insuring its members,
officers, and employees against all civil liability arising from an
act or omission by the member, officer, or employee, when the member,
officer, or employee is not acting manifestly outside the scope of
employment or official responsibilities with the institution, with
malicious purpose or bad faith, or in a wanton or reckless manner, or
may otherwise provide for the indemnification of such persons against
such liability. All or any portion of the cost, premium, or charge
for such a policy or policies or indemnification payment may be paid
from any funds under the institution's control. The policy or
policies of liability insurance or the indemnification policy of the
institution may cover any risks including, but not limited to,
damages resulting from injury to property or person, professional
liability, and other special risks, including legal fees and expenses
incurred in the defense or settlement claims of such damages.

(4)
A policy or policies of insurance insuring the district against any
liabilities to which it may be subject on account of damage or injury
to persons or property, including liability for wrongful death.

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

Sec.
3358.11.
(A)
In the same manner as a tax may be proposed by a board of trustees of
a community college district under section 3354.12 of the Revised
Code, the board of trustees of a state community college district may
adopt and certify a resolution to the board of elections of one or
more of the counties comprising the state community college district
directing the board of elections to place on the ballot at any
general or special election the question of levying a tax in excess
of the ten-mill limitation on all the taxable property in that county
or those counties. The tax may be for any of the following purposes,
as stated in the resolution:

(1)
The acquisition of sites in that county or those counties;

(2)
The erection, furnishing, and equipment of buildings in that county
or those counties;

(3)
The acquisition, construction, or improvement of any property in that
county or those counties which the board of trustees of a state
community college is authorized to acquire, construct, or improve and
which has an estimated life or usefulness of five years or more as
certified by the treasurer of the board of trustees
;

(4)
The payment of current expenses of the state community college
district. This tax may only be levied in the county in which the main
campus of the state community college is located
.

The
resolution shall declare that
,
if the levy is for one or more of the purposes described in divisions
(A)(1) to (3) of this section,

the proceeds of the levy or issue may be used solely within the
county or counties in which the tax is levied

and

.
If the levy is for the purpose described in division (A)(4) of this
section, the resolution shall declare that the proceeds of the levy
shall be used for costs associated with operations in the county in
which the tax is levied. The resolution shall also
state
,
regardless of the purposes for which the tax is levied,

the term of the tax, which may be for any term authorized for a tax
levied under section 3354.12 of the Revised Code. The question of
such a tax may not be submitted at more than two special elections
held in any one calendar year. Levies for a continuing period of time
adopted under this section may be reduced in accordance with section
5705.261 of the Revised Code.

The
election shall be held, canvassed, and certified in the manner
provided for the submission of a tax levy under section 3354.12 of
the Revised Code. A tax levied under this section may be renewed in
the same manner as a tax levied under section 3354.12 of the Revised
Code

or
replaced in accordance with section 5705.192 of the Revised Code
.

If
electors approve the levy, the board of trustees may anticipate a
fraction of the proceeds of the levy and may, from time to time,
issue anticipation notes in the same manner and subject to the same
limitations provided under section 3354.12 of the Revised Code.

(B)
In accordance with Chapter 133. of the Revised Code, the board of
trustees of a state community college district may adopt and certify
a resolution to the board of elections of one or more of the counties
comprising the district directing the board of elections to place on
the ballot at any election authorized under section 133.18 of the
Revised Code both of the following questions:

(1)
The question of issuing bonds for paying all or part of the cost of
the following:

(a)
The purchase of sites in that county or those counties;

(b)
The erection, furnishings, and equipment of buildings in that county
or those counties;

(c)
The acquisition or construction of any property in that county or
those counties which the board of trustees is authorized to acquire
or construct and which has an estimated life or usefulness of five
years or more as certified by the treasurer of the board of trustees.

(2)
The question of levying a tax in excess of the ten-mill limitation on
all the taxable property in that county or those counties to pay the
interest on and retire any bonds approved by the electors under
division (B)(1) of this section.

The
election shall be held, canvassed, and certified in the manner
provided for the submission of a bond issuance and tax levy under
section 3354.11 of the Revised Code. Bonds approved by electors under
division (B)(1) of this section may be issued for one or more
improvements which the district is authorized to acquire or
construct, notwithstanding the fact that such improvements may not be
for more than one purpose under Chapter 133. of the Revised Code.

Notes
may be issued in anticipation of any bonds that may be approved by
the electors under division (B)(1) of this section in the manner
provided under section 133.22 of the Revised Code.

For
the purpose of applying Chapter 133. of the Revised Code to division
(B) of this section, the treasurer of the state community college
district shall be considered to be the district's fiscal officer, and
the board of trustees of the state community college district shall
be considered to be the taxing authority.

(C)
The board of trustees of a state community college district that
levies a tax or proposes to levy a tax under division (A) or (B) of
this section shall be considered to be a taxing authority, the county
or counties in which the tax is levied shall be considered to be a
subdivision, and the treasurer of the board of trustees shall be
considered to be a fiscal officer for the purposes of Chapter 5705.
of the Revised Code, except for section 5705.19 of the Revised Code.

Sec.
3364.07.
(A)
(A)(1)

The institute of American constitutional thought and leadership is
established for the purpose of creating and disseminating knowledge
about American constitutional thought and to form future leaders of
the legal profession through research, scholarship, teaching,
collaboration, and mentorship. The institute shall be an independent
academic unit within the university of Toledo
,
initially physically located at the college of law. The university
shall require the college of law to provide adequate administrative
space for the institute
.

(2)
The university shall provide adequate and appropriate space for the
institute as jointly determined by the director and either the
president or provost of the university. The university shall not
charge or assess overhead or indirect fees, costs, expenses, or
charges to the institute.

(B)
The institute shall pursue all of the following goals:

(1)
To enrich the curriculum in American constitutional studies,
including the core texts and great debates of western civilization;

(2)
To educate university students in the principles, ideals, and
institutions of the American and Ohio constitutional order;

(3)
To educate university students in the foundations of responsible
leadership and informed citizenship and to cultivate the next
generation of leaders in the legal profession;

(4)
To offer university-wide programming related to the values of open
inquiry and civil discourse;

(5)
To expand the intellectual diversity of the university's academic
community and to create a rich forum for the development of ideas
across the political and ideological spectrum;

(6)
To support faculty and graduate student scholarship that advances
understanding of American constitutional thought and institutions;

(7)
To promote scholarly collaboration within the university and beyond;

(8)
To host lectures, debates, and symposia, and sponsor visiting
scholars, jurists, and teachers.

(C)
The institute shall adhere to the following policies:

(1)
The institute shall educate students by means of free, open, and
rigorous intellectual inquiry to seek the truth.

(2)
The institute shall equip students with the skills, habits, and
dispositions of mind they need to reach their own informed
conclusions on matters of legal, social, and political importance.

(3)
The institute shall value intellectual diversity in higher education,
including in faculty recruitment, hiring, and appointment, and aspire
to enhance the intellectual diversity of academic life at the
university.

(4)
The institute shall create a community dedicated to an ethic of civil
and free inquiry, which respects the intellectual freedom of each
member, supports individual capacities for growth, and welcomes the
differences of opinion that naturally occur in a public university
community.

(D)(1)

Not
later than sixty days after the effective date of this section
,

the
The

talent,
compensation, and governance committee of the board of trustees of
the university, if such a committee exists, shall appoint, with the
advice and consent of the senate, a seven-member institute academic
council. If no such committee exists, the board of trustees shall
appoint members under this division. An initial member shall not
begin service until confirmed by the senate. Four members shall form
a quorum.

(2)
The academic council shall be comprised of scholars with relevant
expertise and experience. Not more than one member of the council may
be an employee of the university. Best efforts shall be made to have
not fewer than three members of the council be from Ohio.

(3)
Three members of the academic council shall serve initial terms of
two years and four members shall serve initial terms of four years,
which the members shall determine at their first meeting, and select
replacements for vacant seats.

(4)
To fill a vacancy for the institute director after the initial
director, following a national search, the academic council shall
transmit to the president a list of finalists from which the
president shall select a director, subject to the approval of the
talent, compensation, and governance committee of the board of
trustees.

(E)(1)
The institute shall be led by a director who shall report directly to
the president and provost of the university

and
consult with the dean of the college of law
.
The president of the university shall appoint
an
initial
the

director

not
later than thirty days after the effective date of this section
.
The director shall be an expert of the western tradition, the
American founding, and American constitutional thought, and shall
have shown a commitment to the purposes, goals, and policies of the
institute. The director's term shall be for five years and shall be
renewable.

(2)
The director shall have the protection of tenure or tenure
eligibility. Any existing tenure with the university held by a
director shall be maintained with the university.

(F)
The institute shall be an independent academic unit of the university
with the authority to house tenure-track faculty who hold their
appointments within the institute. Not fewer than five tenure-track
faculty positions shall be allotted to the institute. Faculty
appointed within the institute shall not be required, but may be
permitted, to hold joint or courtesy appointments within any other
division of the university. No faculty from outside the institute
shall have the authority to block faculty hires into the institute.

(G)(1)
The director shall have the sole and exclusive authority to manage
the recruitment and hiring process and to extend offers for
employment for all faculty and staff, and to terminate employment of
all staff. The director shall oversee, develop, and approve the
institute's curriculum
,
including approval of the institute's courses that meet the
university's general education requirements
.
The institute shall be granted the authority to offer courses and
develop certificate, minor, major, and graduate programs, and offer
degrees.

(2)
Employment contracts offered under division (G)(1) of this section to
tenure-track faculty appointed to the institute shall guarantee
reappointment elsewhere in the university, at the same rank and
compensation, in the event the institute is discontinued.

(H)
The director of the institute shall submit an annual report to the
board of trustees of the university and the general assembly in
accordance with section 101.68 of the Revised Code. The report shall
provide a full account of the institute's achievements,
opportunities, challenges, and obstacles in the development of this
academic unit.

(I)
The board of trustees of the university may change the name of the
institute in accordance with the philanthropic naming policies and
practices of the university.

Sec.
3365.15.
The
chancellor of higher education and the department of education and
workforce jointly shall do all of the following:

(A)
Adopt data reporting guidelines specifying the types of data that
public and participating nonpublic secondary schools and public and
participating private colleges, including eligible out-of-state
colleges participating in the program, must annually collect, report,
and track under division (G) of section 3365.04 and division (H) of
section 3365.05 of the Revised Code. The types of data shall include
all of the following:

(1)
For each secondary school and college:

(a)
The number of participants disaggregated by grade level,
socioeconomic status, race, gender, and disability;

(b)
The number of completed courses and credit hours, disaggregated by
the college in which participants were enrolled;

(c)
The number of courses in which participants enrolled, disaggregated
by subject area and level of difficulty.

(2)
For each secondary school, the number of students who were denied
participation in the program under division (A)(1)(a) or (C) of
section 3365.03 or section 3365.031 or 3365.032 of the Revised Code.
Each participating nonpublic secondary school shall also include the
number of students who were denied participation due to the student
not being awarded funding by the department pursuant to section
3365.071 of the Revised Code.

(3)
For each college:

(a)
The number of students who applied to enroll in the college under the
program but were not granted admission;

(b)
The average number of completed courses per participant;

(c)
The average grade point average for participants in college courses
under the program.

The
guidelines adopted under this division shall also include policies
and procedures for the collection, reporting, and tracking of such
data.

(B)
Annually compile the data required under division (A) of this
section. Not later than the thirty-first day of December of each
year, the data from the previous school year shall be posted in a
prominent location on both the chancellor of higher education's and
the department's web sites.

(C)
Submit an annual report on outcomes of the college credit plus
program that are supported by empirical evidence to the governor, the
president of the senate, the speaker of the house of representatives,
and the chairpersons of the education committees of the senate and
house of representatives not later than the thirty-first day of
December each year. The report shall include all of the following,
disaggregated by cohort:

(1)
Number of degrees attained;

(2)
Level and type of degrees attained;

(3)
Number of students who receive a degree in two different subject
areas;

(4)
Time to completion of a degree, disaggregated by level and type of
degree attained;

(5)
Time to enrollment in a graduate or doctoral degree program;

(6)
The number of students who participate in a study abroad course;

(7)
How all of the measures described in division (C) of this section
compare to both:

(a)
The overall student population who did not participate in the college
credit plus program;

(b)
Any similar measures compiled under the former postsecondary
enrollment options program, to the extent that such data is
available.

The
first report shall be submitted not later than December 31, 2018, and
each subsequent report shall be submitted not later than the
thirty-first day of December each year thereafter

until
December 2023
.

(D)
Establish a college credit plus advisory committee to assist in the
development of performance metrics and the monitoring of the
program's progress. At least one member of the advisory committee
shall be a school guidance counselor.

The
chancellor shall also, in consultation with the department, create a
standard packet of information for the college credit plus program
directed toward students and parents that are interested in the
program.

(E)
The chancellor and the department also may submit a biennial report
detailing the status of the college credit plus program, including an
analysis of quality assurance measures related to the program, to the
governor, the president of the senate, the speaker of the house of
representatives, and the chairpersons of the education committees of
the senate and house of representatives. If the chancellor and the
department choose to jointly submit the biennial report, both of the
following shall apply:

(1)
The report shall include only data available through the higher
education information system administered by the chancellor.

(2)
The first report shall be submitted not later than December 31, 2017,
and each subsequent report shall be submitted not later than the
thirty-first day of December every two years thereafter.

(F)
For purposes of this section, "cohort" means a group of
students who participated in the college credit plus program and who,
upon graduation from high school, enroll in an Ohio institution of
higher education during the same academic year.

Sec.
3375.15.
(A)
In any school district in which a free public library has been
established by resolution adopted by the board of education of such
school district prior to September 4, 1947, or by resolution adopted
by the board of education of such school district under section
3375.151 of the Revised Code after the effective date of this
amendment but prior to January 1, 2014, such library shall be under
the control and management of a board of library trustees consisting
of seven members. No one is eligible to membership on such board of
library trustees who is or has been for a year previous to
appointment a member of a board of education making such appointment.
A majority of the trustees shall be qualified electors of the school
district, but a minority may be qualified electors of the county who
reside outside the school district, and all shall be appointed by the
board of education of the school district.

(B)
The trustees shall serve
for
a term of seven years and
without
compensation.
Trustees
appointed prior to the effective date of this amendment shall serve
for a term of seven years. Trustees appointed on or after that date
shall serve for a term of four years.
Except
as otherwise provided in this section, all vacancies on the board of
library trustees shall be filled by the board of education by
appointment for the unexpired term. The board of library trustees
shall organize in accordance with section 3375.32 of the Revised
Code. The board of library trustees shall have the control and
management of the school district free public library and in the
exercise of such control and management shall be governed by sections
3375.33 to 3375.41 of the Revised Code. This section does not affect
the term of any member of a board of library trustees of a school
district free public library appointed prior to September 4, 1947.

(C)
The board of education shall make appointments to the board of
library trustees not later than forty-five days after the date a
member's term expires or after the date a vacancy occurs, whichever
is applicable. If the board of education does not make an appointment
by that time, the appointment shall be made within the next fourteen
days by the probate court of the county in which the library is
situated.

Sec.
3375.22.
In
any county in which there has been created a county library district,
the free public library of said district shall be under the control
and management of a board of library trustees consisting of seven
members. Such trustees shall be qualified electors of the library
district or county. Three shall be appointed by the judges of the
court of common pleas and four shall be appointed by the board of
county commissioners of the county in which said district is
situated. The term of office of said trustees
,
if appointed prior to the effective date of this amendment,

shall be seven years, except that at the first appointment the terms
of those appointed by the judges shall expire in two, four, and six
years respectively, and the terms of those appointed by the board of
county commissioners shall expire in one, three, five, and seven
years respectively.
The
term of office of trustees appointed on or after the effective date
of this amendment shall be four years, except that at the first
appointment the terms of those appointed by the judges shall expire
in two, three, and four years respectively, and the terms of those
appointed by the board of county commissioners shall expire in one,
two, three, and four years respectively.
Any
appointment made to fill a vacancy shall be made by the same body
which appointed the trustee whose place has become vacant and shall
be for
his

the
remainder of the

unexpired term. The successor of any trustee of any county library
district shall be appointed by the same board or officers which
appointed
his

the
trustee's

predecessor and all subsequent appointments shall be for seven years.
The members of such board of library trustees shall serve without
compensation but shall be reimbursed for their actual and necessary
expenses incurred in the performance of their duties. Such board of
library trustees shall organize in accordance with section 3375.32 of
the Revised Code. Such board of library trustees shall have the
control and management of the county district free public library and
in the exercise of such control and management shall be governed by
sections 3375.33 to 3375.41
,
inclusive,

of the Revised Code.

Sec.
3375.30.
In
any two or more contiguous counties in which there has been created a
regional library district, there shall be a board of library trustees
consisting of seven members. Such trustees shall be qualified
electors of the district. The first appointments to such board of
library trustees shall be made by the boards of county commissioners
of such counties in joint meeting. Thereafter each appointment to
fill an expiring term shall be made by the board of county
commissioners of a participating county in the rotating order
represented by the alphabetical arrangement of the names of the
counties. The term of office of said trustees
,
if appointed prior to the effective date of this amendment,

shall be seven years,
or,
if appointed on or after that date, shall be four years,
except
that at the first appointment the terms must be such that one member
retires each year. Any appointment made to fill a vacancy shall be
made by the same body which appointed the trustee whose place has
become vacant and shall be for
his

the
remainder of the

unexpired term. The members of such board of library trustees shall
serve without compensation but shall be reimbursed for their actual
and necessary expenses incurred in the performance of their duties.
Such board of library trustees shall organize in accordance with
section 3375.32 of the Revised Code. Such board of library trustees
shall have the control and management of the regional district free
public library and in exercise of such control and management shall
be governed by sections 3375.33 to 3375.41
,
inclusive,

and section 3375.19 of the Revised Code.

Sec.
3375.39.
At
the expiration of the term of a fiscal officer of a board of library
trustees of a free public library or before such board approves the
surety of any fiscal officer, such board shall require the fiscal
officer to produce all money, bonds, or other securities in the
fiscal officer's hands, which shall then be counted by the board or a
committee of the board
,
or by a representative of the auditor of state
.
A certificate setting forth the exact amount of such money, bonds, or
other securities and signed by the representatives making such count
shall be entered upon the records of the board and shall be
prima-facie evidence that the amount stated in such certificate is
actually in the treasury at that date.

Sec.
3375.47.
A
public library created under Chapter 3375. of the Revised Code shall
place material related to sexual orientation or gender identity or
expression in a portion of the

public
library that is not primarily open to the view of persons under the
age of eighteen.

Sec.
3375.92.
The
fiscal officer of the board of trustees of the regional library
system is the treasurer of the organization's funds. Before entering
upon their duties, the fiscal officer and the deputy fiscal officer
shall execute a bond in an amount and with surety to be approved by
the board, and conditioned for the faithful performance of the
official duties required of them.

All
moneys received by the fiscal officer shall be immediately placed by
the fiscal officer in a depository designated by the board. The
fiscal officer shall keep an account of the funds credited to the
board.

The
fiscal officer shall render a monthly statement to the board showing
the revenues and receipts from whatever sources derived, the
disbursements and the purposes for such disbursements, and the assets
and liabilities of the board. At the end of each fiscal year the
fiscal officer shall submit to the board, to the state library board
and, if requested, to any granting authority, a complete financial
statement showing the receipts and expenditures in detail for the
entire fiscal year. Such financial records shall be open to public
inspection at all reasonable times.

At
the expiration of the term of the fiscal officer or before the board
of trustees approves the surety of any fiscal officer, the board
shall require the fiscal officer to produce all moneys, bonds, or
other securities in the fiscal officer's hands, which shall then be
counted by the board or a committee of the board
,
or by a representative of the auditor of state
.
A certificate setting forth the exact amount of such money, bonds, or
other securities and signed by the persons making such count shall be
entered upon the records of the board and shall be prima-facie
evidence that the amount stated in such certificate is actually in
the treasury at that date.

Sec.
3379.03.
The
Ohio arts council shall:

(A)
Conduct a survey of the cultural and artistic resources and needs of
the state and maintain a continuing inventory of such resources;

(B)
Develop a plan for better and fuller use and enjoyment of the state's
cultural and artistic resources by all the people of the state;

(C)
Assess the role of the arts in the growth and development of the
state;

(D)
Report at least biennially to the governor and the general assembly
on the state of the arts. Such report may include recommendations
based on the council's surveys.

(E)

Administer
the per cent for arts program pursuant to section 3379.10 of the
Revised Code;

(F)

Establish
guidelines for the administration of the council's duties that
pertain to the position of Ohio poet laureate pursuant to section
3379.12 of the Revised Code and for the qualifications of the Ohio
poet laureate appointed under that section.

Sec.
3379.12.
(A)
The position of Ohio poet laureate is hereby created. The Ohio poet
laureate shall be appointed by the governor from a list of not less
than three candidates recommended by the Ohio arts council based on
qualifications developed by the arts council under division
(F)
(E)

of section 3379.03 of the Revised Code. The arts council shall submit
its list of candidates to the governor not less than ninety days
prior to the beginning of the Ohio poet laureate's term of office.

(B)
The term of office for the Ohio poet laureate shall be for two years.
The initial term shall begin on January 1, 2016.

(C)
In the event of the death, resignation, or any other vacancy or
inability to perform the duties of Ohio poet laureate during an
individual's unexpired term of office, not later than sixty days
after the vacancy occurs, the Ohio arts council shall recommend a
candidate to the governor to serve as poet laureate for the remainder
of that unexpired term of office.

(D)
An individual may be reappointed to subsequent terms of office, at
the discretion of the governor.

Sec.
3381.03.
Any
county, or any two or more counties, municipal corporations, or
townships, or any combination of these may create a regional arts and
cultural district by the adoption of a resolution or ordinance by the
board of county commissioners of each county, the legislative
authority of each municipal corporation, and the board of township
trustees of each township that desires to create or to join in the
creation of the district. The resolution or ordinance shall state all
of the following:

(A)
The purposes for the creation of the district;

(B)
The counties, municipal corporations, or townships that are to be
included in the district;

(C)
The official name by which the district shall be known;

(D)
The location of the principal office of the district or the manner in
which the location shall be selected;

(E)
Subject to section 3381.05 of the Revised Code, the number, term, and
compensation, which shall not exceed the sum of fifty dollars for
each board and committee meeting attended by a member, of the members
of the board of trustees of the district;

(F)
Subject to section 3381.05 of the Revised Code, the manner in which
members of the board of trustees of the district shall be appointed;
the method of filling vacancies; and the period, if any, for which a
trustee continues in office after expiration of the trustee's term
pending the appointment of the trustee's successor;

(G)
The manner of apportioning expenses of the district among the
participating counties, municipal corporations, and townships.

The
resolution or ordinance may also provide that the authority of the
districts to make grants under section 3381.20 of the Revised Code
may be totally or partially delegated to one or more area arts
councils, as defined in section 757.03 of the Revised Code, located
within the district.

The
district provided for in the resolution or ordinance shall be created
upon the adoption of the resolution or ordinance by the board of
county commissioners of each county, the legislative authority of
each municipal corporation, and the board of township trustees of
each township enumerated in the resolution or ordinance. The
resolution or ordinance may be amended to include additional
counties, municipal corporations, or townships or for any other
purpose by the adoption of an amendment by the board of county
commissioners of each county, the legislative authority of each
municipal corporation, and the board of township trustees of each
township that has created or joined or proposes to join the district.

After
each county, municipal corporation, and township has adopted a
resolution or ordinance approving inclusion of additional counties,
municipal corporations, or townships in the district, a copy of the
resolution or ordinance shall be filed with the clerk of the board of
the county commissioners of each county, the clerk of the legislative
authority of each municipal corporation, and the fiscal officer of
the board of trustees of each township proposed to be included in the
district. The inclusion is effective when all such filing is
completed unless the district to which territory is to be added has
authority to levy an ad valorem tax on property within its territory,
in which event the inclusion shall become effective upon voter
approval of the joinder and the tax.

If
a tax on property is to be levied, the board and the county auditor
shall proceed in the same manner as required for a tax levy under
section 5705.03 of the Revised Code, except that the levy's annual
collections shall be estimated assuming that the additional territory
has been added to the district. The board of trustees shall promptly
certify the proposal and the auditor's certification to the board or
boards of elections for the purpose of having the proposal placed on
the ballot at the next general or primary election that occurs not
less than sixty days after the date of the meeting of the board of
trustees, or at a special election held on a date specified in the
certification that is not less than sixty days after the date of the
meeting of the board. If territory of more than one county, municipal
corporation, or township is to be added to the regional arts and
cultural district, the electors of the territories of the counties,
municipal corporations, or townships which are to be added shall vote
as a district, and the outcome of the election shall be determined by
the vote cast in the entire district. Upon certification of a
proposal to the board or boards of elections pursuant to this
section, the board or boards of elections shall make the necessary
arrangements for the submission of the questions to the electors of
the territory to be added to the district, and the election shall be
held, canvassed, and certified in the manner provided for the
submission of tax levies under section 5705.19 of the Revised Code,
except that the question appearing on the ballot shall read:

"Shall
the territory within the ____________________ (name or names of
political subdivisions to be joined) be added to
________________________________ (name) regional arts and cultural
district? And shall a property tax that the county auditor estimates
will collect $_____ annually at a rate not exceeding __________ mills
for each $1 of taxable value, which amounts to $_____ (effective
rate) for each $100,000 of the county auditor's
appraised

market

value,
be levied for purposes of such district?"

If
the question is approved by a majority of the electors voting on the
question, the joinder is effective immediately, and the district may
extend the levy of the tax against all the taxable property within
the territory that has been added. If the question is approved at a
general election or at a special election occurring prior to a
general election but after the fifteenth day of July in any calendar
year, the district may amend its budget and resolution adopted
pursuant to section 5705.34 of the Revised Code, and the levy shall
be placed on the current tax list and duplicate and collected as
other taxes are collected from all taxable property within the
territory of the district, including the territory added as a result
of the election.

The
territory of a district shall be coextensive with the territory of
the counties, municipal corporations, and townships included within
the district, provided that the same territory may not be included in
more than one regional arts and cultural district, and provided, that
if a district includes only a portion of an entire county, a district
may be created in the remaining portion of the same county by
resolution of the board of county commissioners acting alone or in
conjunction with municipal corporations and townships as provided in
this section.

As
used in this section, "the county auditor's
appraised

market

value"
and "effective rate" have the same meanings as in section
5705.01 of the Revised Code.

Sec.
3381.11.
The
board of trustees of a regional arts and cultural district or any
officer or employee designated by such board may make any contract
for the purchase of supplies or material or for labor for any work,
under the supervision of the board, the cost of which shall not
exceed ten thousand dollars. When an expenditure, other than for the
acquisition of real estate, the discharge of noncontractual claims,
personal services, or for the product or services of public
utilities, exceeds ten thousand dollars, such expenditure shall be
made only after a notice calling for bids has been published once a
week for two consecutive weeks in one newspaper of general
circulation within the territory of the district or as provided in
section 7.16 of the Revised Code. The board may then let said
contract to the lowest and best bidder, who shall give a good and
approved bond with ample security conditioned on the carrying out of
the contract. Such contract shall be in writing and shall be
accompanied by or shall refer to plans and specifications for the
work to be done, approved by the board. The plans and specifications
shall at all times be made and considered part of the contract. The
contract shall be approved by the board and signed on behalf of the
district and by the contractor. No sale of any real or personal
property or a lease thereof having a term thereof in excess of five
years shall be made except with the highest and best bidder after
publication of notice for bids in the manner above provided.

Competitive
bidding under this section is not required when:

(A)
The board, by a two-thirds affirmative vote of its members,
determines that a real and present emergency exists and such
determination and the reasons therefor are entered in the proceedings
of the board, when:

(1)
The estimated cost is less than fifteen thousand dollars; or

(2)
There is actual physical damage to structures or equipment.

(B)
Such purchase consists of supplies or a replacement or supplemental
part or parts for a product or equipment owned or leased by the
district and the only source of supply for such supplies, part, or
parts is limited to a single supplier;

(C)
The lease is a renewal of a lease for electronic data processing
equipment, services, or systems;

(D)
Services or supplies are available from a qualified nonprofit agency
pursuant to
sections
4115.31 to 4115.35
section
125.601
of
the Revised Code;

(E)
With respect to any contract, agreement, or lease by a district with
any arts or cultural organization or any governmental body or agency.

Sec.
3381.17.
From
the funds available therefor from a tax levy authorized under section
3381.16 or, if applicable, sections 5743.021
,

and

5743.321
,
5743.511, 5743.621, and 5743.631

of the Revised Code, a regional arts and cultural district by action
of its board of trustees shall make annual grants to support the
operating or capital expenses of such of the arts or cultural
organizations located within the territory of the district as the
board of trustees shall determine; provided, however, that not more
than ten per cent of the amount granted in any calendar year shall be
granted to arts and cultural organizations that are not qualifying
arts or cultural organizations; and further provided that prior to
making any grants in any calendar year, the board of trustees shall
afford an opportunity for the presentation, either in person or in
writing, of the suggestions of any area arts council, as defined in
section 757.03 of the Revised Code, located within the district. Any
such grant to an arts or cultural organization shall be on such terms
and conditions as the board considers advisable.

Sec.
3501.01.
As
used in the sections of the Revised Code relating to elections and
political communications:

(A)
"General election" means the election held on the first
Tuesday after the first Monday in each November.

(B)
"Regular municipal election" means the election held on the
first Tuesday after the first Monday in November in each odd-numbered
year.

(C)
"Regular state election" means the election held on the
first Tuesday after the first Monday in November in each
even-numbered year.

(D)
"Special election" means any election other than those
elections defined in other divisions of this section. A special
election may be held only on the first Tuesday after the first Monday
in May or November, on the first Tuesday after the first Monday in
August in accordance with section 3501.022 of the Revised Code, or on
the day authorized by a particular municipal or county charter for
the holding of a primary election, except that in any year in which a
presidential primary election is held, no special election shall be
held in May, except as authorized by a municipal or county charter,
but may be held on the third Tuesday after the first Monday in March.

(E)(1)
"Primary" or "primary election" means an election
held for the purpose of nominating persons as candidates of political
parties for election to offices, and for the purpose of electing
persons as members of the controlling committees of political parties
and as delegates and alternates to the conventions of political
parties. Primary elections shall be held on the first Tuesday after
the first Monday in May of each year except in years in which a
presidential primary election is held.

(2)
"Presidential primary election" means a primary election as
defined by division (E)(1) of this section at which an election is
held for the purpose of choosing delegates and alternates to the
national conventions of the major political parties pursuant to
section 3513.12 of the Revised Code. Unless otherwise specified,
presidential primary elections are included in references to primary
elections. In years in which a presidential primary election is held,
all primary elections shall be held on the third Tuesday after the
first Monday in March except as otherwise authorized by a municipal
or county charter.

(F)
"Political party" means any group of voters meeting the
requirements set forth in section 3517.01 of the Revised Code for the
formation and existence of a political party.

(1)
"Major political party" means any political party organized
under the laws of this state whose candidate for governor or nominees
for presidential electors received not less than twenty per cent of
the total vote cast for such office at the most recent regular state
election.

(2)
"Minor political party" means any political party organized
under the laws of this state that meets either of the following
requirements:

(a)
Except as otherwise provided in this division, the political party's
candidate for governor or nominees for presidential electors received
less than twenty per cent but not less than three per cent of the
total vote cast for such office at the most recent regular state
election. A political party that meets the requirements of this
division remains a political party for a period of four years after
meeting those requirements.

(b)
The political party has filed with the secretary of state, subsequent
to its failure to meet the requirements of division (F)(2)(a) of this
section, a petition that meets the requirements of section 3517.01 of
the Revised Code.

A
newly formed political party shall be known as a minor political
party until the time of the first election for governor or president
which occurs not less than twelve months subsequent to the formation
of such party, after which election the status of such party shall be
determined by the vote for the office of governor or president.

(G)
"Dominant party in a precinct" or "dominant political
party in a precinct" means that political party whose candidate
for election to the office of governor at the most recent regular
state election at which a governor was elected received more votes
than any other person received for election to that office in such
precinct at such election.

(H)
"Candidate" means any qualified person certified in
accordance with the provisions of the Revised Code for placement on
the official ballot of a primary, general, or special election to be
held in this state, or any qualified person who claims to be a
write-in candidate, or who knowingly assents to being represented as
a write-in candidate by another at either a primary, general, or
special election to be held in this state.

(I)
"Independent candidate" means any candidate who claims not
to be affiliated with a political party, and whose name has been
certified on the office-type ballot at a general or special election
through the filing of a statement of candidacy and nominating
petition, as prescribed in section 3513.257 of the Revised Code.

(J)
"Nonpartisan candidate" means any candidate whose name is
required, pursuant to section 3505.04 of the Revised Code, to be
listed on the nonpartisan ballot, including all candidates for judge
of a municipal court, county court, or court of common pleas,
for
member of any board of education,
for
municipal or township offices in which primary elections are not held
for nominating candidates by political parties, and for offices of
municipal corporations having charters that provide for separate
ballots for elections for these offices.

(K)
"Party candidate" means any candidate who claims to be a
member of a political party and who has been certified to appear on
the office-type ballot at a general or special election as the
nominee of a political party because the candidate has won the
primary election of the candidate's party for the public office the
candidate seeks, has been nominated under section 3517.012, or is
selected by party committee in accordance with section 3513.31 of the
Revised Code.

(L)
"Officer of a political party" includes, but is not limited
to, any member, elected or appointed, of a controlling committee,
whether representing the territory of the state, a district therein,
a county, township, a city, a ward, a precinct, or other territory,
of a major or minor political party.

(M)
"Question or issue" means any question or issue certified
in accordance with the Revised Code for placement on an official
ballot at a general or special election to be held in this state.

(N)
"Elector" or "qualified elector" means a person
having the qualifications provided by law to be entitled to vote.

(O)
"Voter" means an elector who votes at an election.

(P)
"Voting residence" means that place of residence of an
elector which shall determine the precinct in which the elector may
vote.

(Q)
"Precinct" means a district within a county established by
the board of elections of such county within which all qualified
electors having a voting residence therein may vote at the same
polling place.

(R)
"Polling place" means that place provided for each precinct
at which the electors having a voting residence in such precinct may
vote.

(S)
"Board" or "board of elections" means the board
of elections appointed in a county pursuant to section 3501.06 of the
Revised Code.

(T)
"Political subdivision" means a county, township, city,
village, or school district.

(U)
"Election officer" or "election official" means
any of the following:

(1)
Secretary of state;

(2)
Employees of the secretary of state serving the division of elections
in the capacity of attorney, administrative officer, administrative
assistant, elections administrator, office manager, or clerical
supervisor;

(3)
Director of a board of elections;

(4)
Deputy director of a board of elections;

(5)
Member of a board of elections;

(6)
Employees of a board of elections;

(7)
Precinct election officials;

(8)
Employees appointed by the boards of elections on a temporary or
part-time basis.

(V)
"Acknowledgment notice" means a notice sent by a board of
elections, on a form prescribed by the secretary of state, informing
a voter registration applicant or an applicant who wishes to change
the applicant's residence or name of the status of the application;
the information necessary to complete or update the application, if
any; and if the application is complete, the precinct in which the
applicant is to vote.

(W)
"Confirmation notice" means a notice sent by a board of
elections, on a form prescribed by the secretary of state, to a
registered elector to confirm the registered elector's current
address.

(X)
"Designated agency" means an office or agency in the state
that provides public assistance or that provides state-funded
programs primarily engaged in providing services to persons with
disabilities and that is required by the National Voter Registration
Act of 1993 to implement a program designed and administered by the
secretary of state for registering voters, or any other public or
government office or agency that implements a program designed and
administered by the secretary of state for registering voters,
including the department of job and family services, the program
administered under section 3701.132 of the Revised Code by the
department of health, the department of mental health and addiction
services, the department of developmental disabilities, the
opportunities for Ohioans with disabilities agency, and any other
agency the secretary of state designates. "Designated agency"
does not include public high schools and vocational schools, public
libraries, or the office of a county treasurer.

(Y)
"National Voter Registration Act of 1993" means the
"National Voter Registration Act of 1993," 107 Stat. 77, 42
U.S.C.A. 1973gg.

(Z)
"Voting Rights Act of 1965" means the "Voting Rights
Act of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.

(AA)(1)
"Photo identification" means one of the following documents
that includes the individual's name and photograph and is not
expired:

(a)
An Ohio driver's license, state identification card, or interim
identification form issued by the registrar of motor vehicles or a
deputy registrar under Chapter 4506. or 4507. of the Revised Code;

(b)
A United States passport or passport card;

(c)
A United States military identification card, Ohio national guard
identification card, or United States department of veterans affairs
identification card.

(2)
A "copy" of an individual's photo identification means
images of both the front and back of a document described in division
(AA)(1) of this section, except that if the document is a United
States passport, a copy of the photo identification means an image of
the passport's identification page that includes the individual's
name, photograph, and other identifying information and the
passport's expiration date.

(BB)
"Driver's license" means a license or permit issued by the
registrar or a deputy registrar under Chapter 4506. or 4507. of the
Revised Code that authorizes an individual to drive. "Driver's
license" includes a driver's license, commercial driver's
license, probationary license, restricted license, motorcycle
operator's license, or temporary instruction permit identification
card. "Driver's license" does not include a limited term
license issued under section
4506.14
or
4507.09
of the Revised Code.

(CC)
"State identification card" means a card issued by the
registrar or a deputy registrar under sections 4507.50 to 4507.52 of
the Revised Code.

(DD)
"Interim identification form" means the document issued by
the registrar or a deputy registrar to an applicant for a driver's
license or state identification card that contains all of the
information otherwise found on the license or card and that an
applicant may use as a form of identification until the physical
license or card arrives in the mail.

Sec.
3501.02.
General
elections in the state and its political subdivisions shall be held
as follows:

(A)
For the election of electors of president and vice-president of the
United States, in the year of 1932 and every four years thereafter;

(B)
For the election of a member of the senate of the United States, in
the years 1932 and 1934, and every six years after each of such
years; except as otherwise provided for filling vacancies;

(C)
For the election of representatives in the congress of the United
States and of elective state and county officers
including
elected members of the state board of education
,
in the even-numbered years; except as otherwise provided for filling
vacancies;

(D)
For municipal and township officers, members of boards of education,
judges and clerks of municipal courts, in the odd-numbered years;

(E)
Proposed constitutional amendments or proposed measures submitted by
the general assembly or by initiative or referendum petitions to the
voters of the state at large may be submitted to the general election
in any year occurring at least
sixty
days, in case of a referendum, and ninety

one
hundred twenty-five

days
,
in the case of an initiated measure,

subsequent to the filing of the petitions therefor. Proposed
constitutional amendments submitted by the general assembly to the
voters of the state at large may be submitted at a special election
occurring on the day in any year specified by division (E) of section
3501.01 of the Revised Code for the holding of a primary election,
when a special election on that date is designated by the general
assembly in the resolution adopting the proposed constitutional
amendment.

No
special election shall be held on a day other than the day of a
general election, unless a law or charter provides otherwise,
regarding the submission of a question or issue to the voters of a
county, township, city, village, or school district.

(F)(1)
Notwithstanding any provision of the Revised Code to the contrary,
any question or issue, except a candidacy, to be voted upon at an
election shall be certified, for placement upon the ballot, to the
board of elections not later than four p.m. of the ninetieth day
before the day of the election.

(2)
Any question or issue that is certified for placement on a ballot on
or after
the
effective date of this amendment
July
2, 2010,

shall be certified not later than the ninetieth day before the day of
the applicable election, notwithstanding any deadlines appearing in
any section of the Revised Code governing the placement of that
question or issue on the ballot.

Sec.
3501.05.
The
secretary of state shall do all of the following:

(A)
Appoint all members of boards of elections;

(B)
Issue instructions by directives and advisories in accordance with
section 3501.053 of the Revised Code to members of the boards as to
the proper methods of conducting elections.

(C)
Prepare rules and instructions for the conduct of elections;

(D)
Publish and furnish to the boards from time to time a sufficient
number of indexed copies of all election laws then in force;

(E)
Edit and issue all pamphlets concerning proposed laws or amendments
required by law to be submitted to the voters;

(F)
Prescribe the form of registration cards, blanks, and records;

(G)
Determine and prescribe the forms of ballots and the forms of all
blanks, cards of instructions, pollbooks, tally sheets, certificates
of election, and forms and blanks required by law for use by
candidates, committees, and boards;

(H)
Prepare the ballot title or statement to be placed on the ballot for
any proposed law or amendment to the constitution to be submitted to
the voters of the state;

(I)
Except as otherwise provided in section 3519.08 of the Revised Code,
certify to the several boards the forms of ballots and names of
candidates for state offices, and the form and wording of state
referendum questions and issues, as they shall appear on the ballot;

(J)
Except as otherwise provided in division (I)(2)(b) of section 3501.38
of the Revised Code, give final approval to ballot language for any
local question or issue approved and transmitted by boards of
elections under section 3501.11 of the Revised Code;

(K)
Receive all initiative and referendum petitions on state questions
and issues and determine and certify to the sufficiency of those
petitions;

(L)
Require such reports from the several boards as are provided by law,
or as the secretary of state considers necessary;

(M)
Compel the observance by election officers in the several counties of
the requirements of the election laws;

(N)(1)
Except as otherwise provided in division (N)(2) of this section,

through
the election integrity unit created under section 3501.055 of the
Revised Code,
investigate
the administration of election laws, frauds, and irregularities in
elections in any county, and report violations of election laws to
the attorney general or prosecuting attorney, or both, for
prosecution;

(2)

On
and after August 24, 1995, report a failure to comply with or a

Receive
and process complaints regarding any alleged
violation
of a provision
in
sections 3517.08 to 3517.13, 3517.20 to 3517.22, 3599.03, or 3599.031
of the Revised Code, whenever the secretary of state has or should
have knowledge of a failure to comply with or a violation of a
provision in one of those sections, by filing a complaint with the
Ohio elections commission under section 3517.153
of
law over which the Ohio election integrity commission has
jurisdiction, in accordance with sections 3517.14 to 3517.18
of
the Revised Code.

(O)
Make an annual report to the governor containing the results of
elections, the cost of elections in the various counties, a
tabulation of the votes in the several political subdivisions, and
other information and recommendations relative to elections the
secretary of state considers desirable;

(P)
Prescribe and distribute to boards of elections a list of
instructions indicating all legal steps necessary to petition
successfully for local option elections under sections 4301.32 to
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;

(Q)
Adopt rules pursuant to Chapter 119. of the Revised Code for the
removal by boards of elections of ineligible voters from the
statewide voter registration database and, if applicable, from the
poll list or signature pollbook used in each precinct, which rules
shall provide for all of the following:

(1)
A process for the removal of voters who have changed residence, which
shall be uniform, nondiscriminatory, and in compliance with the
Voting Rights Act of 1965 and the National Voter Registration Act of
1993, including a program that uses the national change of address
service provided by the United States postal system through its
licensees;

(2)
A process for the removal of ineligible voters under section 3503.21
of the Revised Code;

(3)
A uniform system for marking or removing the name of a voter who is
ineligible to vote from the statewide voter registration database
and, if applicable, from the poll list or signature pollbook used in
each precinct and noting the reason for that mark or removal.

(R)(1)
Prescribe a general program for registering voters or updating voter
registration information, such as name and residence changes, by
boards of elections, designated agencies, public high schools and
vocational schools, public libraries, and offices of county
treasurers consistent with the requirements of section 3503.09 of the
Revised Code;

(2)
Prescribe a general program for registering voters or updating voter
registration information through the registrar of motor vehicles and
deputy registrars, consistent with the requirements of section
3503.11 of the Revised Code.

(S)
Prescribe a program of distribution of voter registration forms
through boards of elections, designated agencies, offices of the
registrar and deputy registrars of motor vehicles, public high
schools and vocational schools, public libraries, and offices of
county treasurers;

(T)
To the extent feasible, provide copies, at no cost and upon request,
of the voter registration form in post offices in this state;

(U)
Adopt rules pursuant to section 111.15 of the Revised Code for the
purpose of implementing the programs for registering voters through
boards of elections, designated agencies, and the offices of the
registrar and deputy registrars of motor vehicles consistent with
this chapter;

(V)
Establish the full-time position of Americans with Disabilities Act
coordinator within the office of the secretary of state to do all of
the following:

(1)
Assist the secretary of state with ensuring that there is equal
access to polling places for persons with disabilities;

(2)
Assist the secretary of state with ensuring that each voter may cast
the voter's ballot in a manner that provides the same opportunity for
access and participation, including privacy and independence, as for
other voters;

(3)
Advise the secretary of state in the development of standards for the
certification of voting machines, marking devices, and automatic
tabulating equipment.

(W)
Establish and maintain a computerized statewide database of all
legally registered voters under section 3503.15 of the Revised Code
that complies with the requirements of the "Help America Vote
Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666, and provide
training in the operation of that system;

(X)
Ensure that all directives, advisories, other instructions, or
decisions issued or made during or as a result of any conference or
teleconference call with a board of elections to discuss the proper
methods and procedures for conducting elections, to answer questions
regarding elections, or to discuss the interpretation of directives,
advisories, or other instructions issued by the secretary of state
are posted on a web site of the office of the secretary of state as
soon as is practicable after the completion of the conference or
teleconference call, but not later than the close of business on the
same day as the conference or teleconference call takes place.

(Y)
Publish a report on a web site of the office of the secretary of
state not later than one month after the completion of the canvass of
the election returns for each primary and general election,
identifying, by county, the number of absent voter's ballots cast and
the number of those ballots that were counted, and the number of
provisional ballots cast and the number of those ballots that were
counted, for that election. The secretary of state shall maintain the
information on the web site in an archive format for each subsequent
election.

(Z)
Conduct voter education outlining voter identification, absent voters
ballot, provisional ballot, and other voting requirements;

(AA)
Establish a procedure by which a registered elector may make
available to a board of elections a more recent signature to be used
in the poll list or signature pollbook produced by the board of
elections of the county in which the elector resides;

(BB)
Disseminate information, which may include all or part of the
official explanations and arguments, by means of direct mail or other
written publication, broadcast, or other means or combination of
means, as directed by the Ohio ballot board under division (F) of
section 3505.062 of the Revised Code, in order to inform the voters
as fully as possible concerning each proposed constitutional
amendment, proposed law, or referendum;

(CC)
Be the single state office responsible for the implementation of the
"Uniformed and Overseas Citizens Absentee Voting Act," Pub.
L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended,
in this state. The secretary of state may delegate to the boards of
elections responsibilities for the implementation of that act,
including responsibilities arising from amendments to that act made
by the "Military and Overseas Voter Empowerment Act,"
Subtitle H of the "National Defense Authorization Act for Fiscal
Year 2010," Pub. L. No. 111-84, 123 Stat. 3190.

(DD)
Adopt rules, under Chapter 119. of the Revised Code, to establish
procedures and standards for determining when a board of elections
shall be placed under the official oversight of the secretary of
state, placing a board of elections under the official oversight of
the secretary of state, a board that is under official oversight to
transition out of official oversight, and the secretary of state to
supervise a board of elections that is under official oversight of
the secretary of state.

(EE)
Perform other duties required by law.

Whenever
a primary election is held under section 3513.32 of the Revised Code
or a special election is held under section 3521.03 of the Revised
Code to fill a vacancy in the office of representative to congress,
the secretary of state shall establish a deadline, notwithstanding
any other deadline required under the Revised Code, by which any or
all of the following shall occur: the filing of a declaration of
candidacy and petitions or a statement of candidacy and nominating
petition together with the applicable filing fee; the filing of
protests against the candidacy of any person filing a declaration of
candidacy or nominating petition; the filing of a declaration of
intent to be a write-in candidate; the filing of campaign finance
reports; the preparation of, and the making of corrections or
challenges to, precinct voter registration lists; the receipt of
applications for absent voter's ballots or uniformed services or
overseas absent voter's ballots; the supplying of election materials
to precincts by boards of elections; the holding of hearings by
boards of elections to consider challenges to the right of a person
to appear on a voter registration list; and the scheduling of
programs to instruct or reinstruct election officers.

In
the performance of the secretary of state's duties as the chief
election officer, the secretary of state may administer oaths, issue
subpoenas, summon witnesses, compel the production of books, papers,
records, and other evidence, and fix the time and place for hearing
any matters relating to the administration and enforcement of the
election laws
,
including for the purposes described in division (N)(2) of this
section
.

In
any controversy involving or arising out of the adoption of
registration or the appropriation of funds for registration, the
secretary of state may, through the attorney general, bring an action
in the name of the state in the court of common pleas of the county
where the cause of action arose or in an adjoining county, to
adjudicate the question.

In
any action involving the laws in Title XXXV of the Revised Code
wherein the interpretation of those laws is in issue in such a manner
that the result of the action will affect the lawful duties of the
secretary of state or of any board of elections, the secretary of
state may, on the secretary of state's motion, be made a party.

The
secretary of state may apply to any court that is hearing a case in
which the secretary of state is a party, for a change of venue as a
substantive right, and the change of venue shall be allowed, and the
case removed to the court of common pleas of an adjoining county
named in the application or, if there are cases pending in more than
one jurisdiction that involve the same or similar issues, the court
of common pleas of Franklin county.

Public
high schools and vocational schools, public libraries, and the office
of a county treasurer shall implement voter registration programs as
directed by the secretary of state pursuant to this section.

Sec.
3501.055.
(A)
There is in the office of the secretary of state the election
integrity unit.

(B)
Under the direction of the secretary of state, the election integrity
unit shall do all of the following:

(1)
Investigate alleged violations of Title XXXV of the Revised Code on
the unit's own initiative, upon receiving a complaint under this
section, or upon the filing of a complaint with the secretary of
state under section 3517.16 of the Revised Code;

(2)
Allow the public to submit allegations of violations of Title XXXV of
the Revised Code to the unit;

(3)
Submit a report to the governor and the general assembly not later
than the fifteenth day of January of each year. The report shall
include all of the following with respect to the previous calendar
year:

(a)
The number of allegations the unit received from members of the
public;

(b)
The number of allegations the unit investigated on its own
initiative;

(c)
The number of allegations the unit referred to another agency for
further investigation or prosecution;

(d)
All of the following concerning each allegation:

(i)
The general nature of the allegation;

(ii)
The county in which the violation is alleged to have occurred;

(iii)
Whether the allegation has been referred to another agency for
further investigation or prosecution, and if so, to which agency;

(iv)
The current status of the investigation or any resulting criminal or
civil proceeding.

(C)
In performing its duties, the election integrity unit may administer
oaths, issue subpoenas, summon witnesses, compel the production of
books, papers, records, and other evidence, and hold hearings.

(D)
Within one year after receiving a referral for further investigation
or prosecution from the election integrity unit, the prosecuting
attorney shall either prosecute the violation or provide to the
election integrity unit a written statement explaining the reason for
declining to prosecute the referral or requesting any additional
evidence needed to meet the prima facie standard established under
section 3599.42 of the Revised Code. If the prosecuting attorney
declines to prosecute the violation within one year after receiving
the referral, the election integrity unit may refer the violation to
the attorney general for further investigation or prosecution. If the
prosecuting attorney or the attorney general requests additional
evidence, the election integrity unit shall provide such evidence, if
available, within ninety days after receiving the request. Within one
hundred eighty days after receiving the additional evidence, the
prosecuting attorney either shall prosecute the violation or provide
a written statement to the election integrity unit explaining a
reason for declining to prosecute. If the prosecuting attorney fails
to provide this statement or prosecute within one hundred eighty days
after receiving the additional evidence, the election integrity unit
may refer the violation to the attorney general for further
investigation or prosecution.

Sec.
3501.12.
(A)
The annual compensation of members of the board of elections shall be
determined on the basis of the population of the county according to
the next preceding federal census, and shall be paid monthly out of
the appropriations made to the board and upon vouchers or payrolls
certified by the chairperson, or a member of the board designated by
it, and countersigned by the director or in the director's absence by
the deputy director. Upon presentation of any such voucher or
payroll, the county auditor shall issue a warrant upon the county
treasurer for the amount thereof as in the case of vouchers or
payrolls for county offices and the treasurer shall pay such warrant.

(B)
In calendar year 2018, the amount of annual compensation of each
member of the board of elections shall be the greater of the
following:

(1)
The sum of the following:

(a)
One hundred two dollars and forty-one cents for each full one
thousand of the first one hundred thousand population;

(b)
Forty-eight dollars and seventy-nine cents for each full one thousand
of the second one hundred thousand population;

(c)
Twenty-six dollars and fifty cents for each full one thousand of the
third one hundred thousand population;

(d)
Eight dollars and thirteen cents for each full one thousand above
three hundred thousand population.

(2)
Six thousand dollars.

(C)

The
annual compensation of each member of the board shall be computed
after increasing the dollar amounts specified in divisions (B)(1) and
(2) of this section as follows:

(1)

In
calendar year 2019 and in each calendar year thereafter through
calendar year
2028
2025
,

the
annual compensation of each member of the board shall be computed
after increasing the dollar amounts specified in divisions (B)(1) and
(2) of this section
by
one and three-quarters per cent
;

(2)
In calendar year 2026 and in each calendar year thereafter through
calendar year 2029, by five per cent
.

(D)
For the purposes of this section, members of boards of elections
shall be deemed to be appointed and not elected, and therefore not
subject to Section 20 of Article II of the Ohio Constitution.

Sec.
3501.17.
(A)
The expenses of the board of elections shall be paid from the county
treasury, in pursuance of appropriations by the board of county
commissioners, in the same manner as other county expenses are paid.
If the board of county commissioners fails to appropriate an amount
sufficient to provide for the necessary and proper expenses of the
board of elections pertaining to the conduct of elections, the board
of elections may apply to the court of common pleas within the
county, which shall fix the amount necessary to be appropriated and
the amount shall be appropriated. Payments shall be made upon
vouchers of the board of elections certified to by its chairperson or
acting chairperson and the director or deputy director, upon warrants
of the county auditor.

The
board of elections shall not incur any obligation involving the
expenditure of money unless there are moneys sufficient in the funds
appropriated therefor to meet the obligation. If the board of
elections requests a transfer of funds from one of its appropriation
items to another, the board of county commissioners shall adopt a
resolution providing for the transfer except as otherwise provided in
section 5705.40 of the Revised Code. The expenses of the board of
elections shall be apportioned among the county and the various
subdivisions as provided in this section, and the amount chargeable
to each subdivision shall be paid as provided in division (J) of this
section or withheld by the county auditor from the moneys payable
thereto at the time of the next tax settlement. At the time of
submitting budget estimates in each year, the board of elections
shall submit to the taxing authority of each subdivision, upon the
request of the subdivision, an estimate of the amount to be paid or
withheld from the subdivision during the current or next fiscal year.

A
board of township trustees may, by resolution, request that the
county auditor withhold expenses charged to the township from a
specified township fund that is to be credited with revenue at a tax
settlement. The resolution shall specify the tax levy ballot issue,
the date of the election on the levy issue, and the township fund
from which the expenses the board of elections incurs related to that
ballot issue shall be withheld.

(B)
Except as otherwise provided in division (F) of this section, the
compensation of the members of the board of elections and of the
director, deputy director, and regular employees in the board's
offices, other than compensation for overtime worked; the
expenditures for the rental, furnishing, and equipping of the office
of the board and for the necessary office supplies for the use of the
board; the expenditures for the acquisition, repair, care, and
custody of the polling places, booths, guardrails, and other
equipment for polling places; the cost of tally sheets, maps, flags,
ballot boxes, and all other permanent records and equipment; the cost
of all elections held in and for the state and county; and all other
expenses of the board which are not chargeable to a political
subdivision in accordance with this section shall be paid in the same
manner as other county expenses are paid.

(C)
The compensation of precinct election officials and intermittent
employees in the board's offices; the cost of renting, moving,
heating, and lighting polling places and of placing and removing
ballot boxes and other fixtures and equipment thereof, including
voting machines, marking devices, and automatic tabulating equipment;
the cost of printing and delivering ballots, cards of instructions,
registration lists required under section 3503.23 of the Revised
Code, and other election supplies, including the supplies required to
comply with division (H) of section 3506.01 of the Revised Code; the
cost of contractors engaged by the board to prepare, program, test,
and operate voting machines, marking devices, and automatic
tabulating equipment; and all other expenses of conducting primaries
and elections in the odd-numbered years shall be charged to the
subdivisions in and for which such primaries or elections are held.
The charge for each primary or general election in odd-numbered years
for each subdivision shall be determined in the following manner:
first, the total cost of all chargeable items used in conducting such
elections shall be ascertained; second, the total charge shall be
divided by the number of precincts participating in such election, in
order to fix the cost per precinct; third, the cost per precinct
shall be prorated by the board of elections to the subdivisions
conducting elections for the nomination or election of offices in
such precinct; fourth, the total cost for each subdivision shall be
determined by adding the charges prorated to it in each precinct
within the subdivision.

(D)
The
(D)(1)
Except as otherwise provided in division (D)(2) of this section, the

entire
cost of special elections held on a day other than the day of a
primary or general election, both in odd-numbered or in even-numbered
years, shall be charged to the subdivision. Where a special election
is held on the same day as a primary or general election in an
even-numbered year, the subdivision submitting the special election
shall be charged only for the cost of ballots and advertising. Where
a special election is held on the same day as a primary or general
election in an odd-numbered year, the subdivision submitting the
special election shall be charged for the cost of ballots and
advertising for such special election, in addition to the charges
prorated to such subdivision for the election or nomination of
candidates in each precinct within the subdivision, as set forth in
the preceding paragraph.

(2)
The entire cost of a local option election held pursuant to sections
4301.32 to 4301.391 of the Revised Code on a day other than the day
of a primary or general election, both in odd-numbered or in
even-numbered years, or on a day other than the day of a special
election of a political subdivision seeking to submit a question or
issue, a nomination for office, or an election to office, shall be
charged to the petitioner.

(E)
Where a special election is held on the day specified by division (E)
of section 3501.01 of the Revised Code for the holding of a primary
election, for the purpose of submitting to the voters of the state
constitutional amendments proposed by the general assembly, and a
subdivision conducts a special election on the same day, the entire
cost of the special election shall be divided proportionally between
the state and the subdivision based upon a ratio determined by the
number of issues placed on the ballot by each, except as otherwise
provided in division (G) of this section. Such proportional division
of cost shall be made only to the extent funds are available for such
purpose from amounts appropriated by the general assembly to the
secretary of state. If a primary election is also being conducted in
the subdivision, the costs shall be apportioned as otherwise provided
in this section.

(F)
When a precinct is open during a general, primary, or special
election solely for the purpose of submitting to the voters a
statewide ballot issue, the state shall bear the entire cost of the
election in that precinct and shall reimburse the county for all
expenses incurred in opening the precinct.

(G)(1)
The state shall bear the entire cost of advertising in newspapers
statewide ballot issues, explanations of those issues, and arguments
for or against those issues, as required by Section 1g of Article II
and Section 1 of Article XVI, Ohio Constitution, and any other
section of law. Appropriations made to the controlling board shall be
used to reimburse the secretary of state for all expenses the
secretary of state incurs for such advertising under division (G) of
section 3505.062 of the Revised Code.

(2)
There is hereby created in the state treasury the statewide ballot
advertising fund. The fund shall receive transfers approved by the
controlling board, and shall be used by the secretary of state to pay
the costs of advertising state ballot issues as required under
division (G)(1) of this section. Any such transfers may be requested
from and approved by the controlling board prior to placing the
advertising, in order to facilitate timely provision of the required
advertising.

(H)
The cost of renting, heating, and lighting registration places; the
cost of the necessary books, forms, and supplies for the conduct of
registration; and the cost of printing and posting precinct
registration lists shall be charged to the subdivision in which such
registration is held.

(I)(1)(a)
At the request of a majority of the members of the board of
elections, the board of county commissioners may, by resolution,
establish an elections revenue fund. Except as otherwise provided in
this division and in division (I)(2) of this section, the purpose of
the fund shall be to accumulate revenue withheld by or paid to the
county under this section for the payment of any expense related to
the duties of the board of elections specified in section 3501.11 of
the Revised Code, upon approval of a majority of the members of the
board of elections. The fund shall not accumulate any revenue
withheld by or paid to the county under this section for the
compensation of the members of the board of elections or of the
director, deputy director, or other regular employees in the board's
offices, other than compensation for overtime worked.

(b)
Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the Revised
Code, the board of county commissioners may, by resolution, transfer
money to the elections revenue fund from any other fund of the
political subdivision from which such payments lawfully may be made.
Following an affirmative vote of a majority of the members of the
board of elections, the board of county commissioners may, by
resolution, rescind an elections revenue fund established under this
division. If an elections revenue fund is rescinded, money that has
accumulated in the fund shall be transferred to the county general
fund.

(2)(a)
The board of county commissioners of a county that receives a payment
from a political subdivision under division (J) of this section
shall, by resolution, establish a special elections fund. The purpose
of the fund shall be to accumulate revenue paid to the county by
political subdivisions under division (J) of this section for the
cost of preparing for and conducting special elections.

(b)
If both of the following apply, the board of county commissioners
may, by resolution, rescind the special elections fund and transfer
any remaining money in the fund to the county general fund or to the
elections revenue fund:

(i)
All notifications and payments required under division (J)(3) of this
section have been made.

(ii)
The county has not received any payments from political subdivisions
under division (J)(2) of this section for a future special election.

(J)(1)
Not less than fifteen business days before the deadline for
submitting a question or issue for placement on the ballot at a
special election, the board of elections shall prepare and file with
the board of county commissioners and the office of the secretary of
state the estimated cost, based on the factors enumerated in this
section, for preparing for and conducting an election on one question
or issue, one nomination for office, or one election to office in
each precinct in the county at that special election and shall divide
that cost by the number of registered voters in the county.

(2)
The board of elections shall provide to a political subdivision
seeking to submit a question or issue, a nomination for office, or an
election to office for placement on the ballot at a special election
with the estimated cost for preparing for and conducting that
election, which shall be calculated either by multiplying the number
of registered voters in the political subdivision with the cost
calculated under division (J)(1) of this section or by multiplying
the cost per precinct with the number or precincts in the political
subdivision. A political subdivision submitting a question or issue,
a nomination for office, or an election to office for placement on
the ballot at that special election shall pay to the county special
elections fund sixty-five per cent of the estimated cost of the
election not less than ten business days after the deadline for
submitting a question or issue for placement on the ballot for that
special election.

(3)
Not later than sixty days after the date of a special election, the
board of elections shall provide to each political subdivision the
true and accurate cost for the question or issue, nomination for
office, or election to office that the subdivision submitted to the
voters on the special election ballots. If the board of elections
determines that a subdivision paid less for the cost of preparing and
conducting a special election under division (J)(2) of this section
than the actual cost calculated under this division, the subdivision
shall remit to the county special elections fund the difference
between the payment made under division (J)(2) of this section and
the final cost calculated under this division within thirty days
after being notified of the final cost. If the board of elections
determines that a subdivision paid more for the cost of preparing and
conducting a special election under division (J)(2) of this section
than the actual cost calculated under this division, the board of
elections promptly shall notify the board of county commissioners of
that difference. The board of county commissioners shall remit from
the county special elections fund to the political subdivision the
difference between the payment made under division (J)(2) of this
section and the final cost calculated under this division within
thirty days after receiving that notification.

(K)
As used in this section:

(1)
"Political subdivision" and "subdivision" mean
any board of county commissioners, board of township trustees,
legislative authority of a municipal corporation, board of education,
or any other board, commission, district, or authority that is
empowered to levy taxes or permitted to receive the proceeds of a tax
levy, regardless of whether the entity receives tax settlement moneys
as described in division (A) of this section;

(2)
"Statewide ballot issue" means any ballot issue, whether
proposed by the general assembly or by initiative or referendum, that
is submitted to the voters throughout the state.

Sec.
3501.28.
(A)
As used in this section:

(1)
"Fair Labor Standards Act" or "Act" means the
"Fair Labor Standards Act of 1938," 52 Stat. 1062, 29
U.S.C.A. 201, as amended.

(2)
"Full election day" means the period of time between the
opening of the polls and the completion of the procedures contained
in section 3501.26 of the Revised Code.

(3)
"Services" means services at each general, primary, or
special election.

(B)
Beginning with calendar year 2004, each precinct election official in
a county shall be paid for the official's services at the same hourly
rate, which shall be not less than the minimum hourly rate
established by the Fair Labor Standards Act and not more than
ninety-five dollars per diem.

(C)
The secretary of state shall establish, by rule adopted under section
111.15 of the Revised Code, the maximum amount of per diem
compensation that may be paid to precinct election officials under
this section each time the Fair Labor Standards Act is amended to
increase the minimum hourly rate established by the act. Upon
learning of such an increase, the secretary of state shall determine
by what percentage the minimum hourly rate has been increased under
the act and establish a new maximum amount of per diem compensation
that precinct election officials may be paid under this section that
is increased by the same percentage that the minimum hourly rate has
been increased under the act.

(D)(1)(a)
No board of elections shall increase the pay of a precinct election
official under this section during a calendar year unless the board
has given written notice of the proposed increase to the board of
county commissioners not later than the first day of October of the
preceding calendar year.

(b)
Except as otherwise provided in division (D)(2) of this section, a
board of elections may increase the pay of a precinct election
official during a calendar year by up to, but not exceeding, nine per
cent over the compensation paid to a precinct election official in
the county where the board is located during the previous calendar
year, if the compensation so paid during the previous calendar year
was eighty-five dollars or less per diem.

(c)
Except as otherwise provided in division (D)(2) of this section, a
board of elections may increase the pay of a precinct election
official during a calendar year by up to, but not exceeding, four and
one-half per cent over the compensation paid to a precinct election
official in the county where the board is located during the previous
calendar year, if the compensation so paid during the previous
calendar year was more than eighty-five but less than ninety-five
dollars per diem.

(2)
The board of county commissioners may review and comment upon a
proposed increase and may enter into a written agreement with a board
of elections to permit an increase in the compensation paid to
precinct election officials for their services during a calendar year
that is greater than the applicable percentage limitation described
in division
(E)(1)(b)
(D)(1)(b)

or (c) of this section.

(E)
No precinct election official who works less than the full election
day shall be paid the maximum amount allowed under this section or
the maximum amount as set by the board of elections, whichever is
less.

(F)(1)
Except as otherwise provided in divisions (F)(4) to (6) of this
section, any employee of the state or of any political subdivision of
the state may serve as a precinct election official on the day of an
election without loss of the employee's regular compensation for that
day as follows:

(a)
For employees of a county office, department, commission, board, or
other entity, or of a court of common pleas, county court, or
county-operated municipal court, as defined in section 1901.03 of the
Revised Code, the employee's appointing authority may permit leave
with pay for this service in accordance with a resolution setting
forth the terms and conditions for that leave passed by the board of
county commissioners.

(b)
For all other employees of a political subdivision of the state,
leave with pay for this service shall be subject to the terms and
conditions set forth in an ordinance or a resolution passed by the
legislative authority of the applicable political subdivision.

(c)
For state employees, leave with pay for this service shall be subject
to the terms and conditions set forth by the head of the state
agency, as defined in section 1.60 of the Revised Code, by which the
person is employed.

(2)
Any terms and conditions set forth by a board of county
commissioners, legislative authority of a political subdivision, or
head of a state agency under division
(G)(1)
(F)(1)

of this section shall include a standard procedure for deciding which
employees are permitted to receive leave with pay if multiple
employees of an entity or court described in division

(G)(1)(a)
(F)(1)(a)

of this section, of an entity of a political subdivision described in
division
(G)(1)(b)
(F)(1)(b)

of this section, or of a state agency as defined in section 1.60 of
the Revised Code apply to serve as a precinct election official on
the day of an election. This procedure shall be applied uniformly to
all similarly situated employees.

(3)
Any employee who is eligible for leave with pay under division

(G)(1)
(F)(1)

of this section shall receive, in addition to the employee's regular
compensation, the compensation paid to the precinct election official
under division (B) or (C) of this section.

(4)
Division (F)(1) of this section does not apply to either of the
following:

(a)
Election officials;

(b)
Public school teachers.

(5)
Nothing in division (F)(1) of this section supersedes or negates any
provision of a collective bargaining agreement in effect under
Chapter 4117. of the Revised Code.

(6)
If a board of county commissioners, legislative authority of a
political subdivision, or head of a state agency fails to set forth
any terms and conditions under division (F)(1) of this section, an
employee of an entity or court described in division (F)(1)(a) of
this section, of an entity of a political subdivision described in
division (F)(1)(b) of this section, or of a state agency as defined
in section 1.60 of the Revised Code may use personal leave, vacation
leave, or compensatory time, or take unpaid leave, to serve as a
precinct election official on the day of an election.

(G)
The board of elections may withhold the compensation of any precinct
election official for failure to obey the instructions of the board
or to comply with the law relating to the duties of a precinct
election official. Any payment a precinct election official is
entitled to receive under section 3501.36 of the Revised Code is in
addition to the compensation the official is entitled to receive
under this section.

Sec.
3505.03.
(A)
On the office type ballot shall be printed the names of all
candidates for election to offices, except the office of judge of a
municipal court, county court, or court of common pleas, who were
nominated at the most recent primary election as candidates of a
political party or who were nominated in accordance with section
3513.02 of the Revised Code, and the names of all candidates for
election to offices who were nominated by nominating petitions,
except candidates for the office of judge of a municipal court,
county court, or court of common pleas,
for
member of the state board of education, for member of a board of
education,

for municipal offices, and for township offices.

(B)
The face of the ballot below the stub shall be substantially in the
following form:

"OFFICIAL
OFFICE TYPE BALLOT

(1)
To vote for a candidate record your vote in the manner provided next
to the name of such candidate.

(2)
If you tear, soil, deface, or erroneously mark this ballot, return it
to the precinct election officers or, if you cannot return it, notify
the precinct election officers, and obtain another ballot."

(C)
The order in which the offices shall be listed on the ballot shall be
prescribed by, and certified to each board of elections by, the
secretary of state; provided that for state, district, and county
offices the order from top to bottom shall be as follows: governor
and lieutenant governor, attorney general, auditor of state,
secretary of state, treasurer of state, chief justice of the supreme
court, justice of the supreme court, United States senator,
representative to congress, state senator, state representative,
judge of a court of appeals,
member
of a board of education,
county
commissioner, county auditor, prosecuting attorney, clerk of the
court of common pleas, sheriff, county recorder, county treasurer,
county engineer, and coroner. The offices of governor and lieutenant
governor shall be printed on the ballot in a manner that requires a
voter to cast one vote jointly for the candidates who have been
nominated by the same political party or petition.

(D)
Within the rectangular space within which the title of each judicial
office listed in division (C) of this section is printed on the
ballot and immediately below the title shall be printed the date of
the commencement of the term of the office, if it is a full term, as
follows: "Full term commencing _______(Date)_______," or
the date of the end of the term of the office, if it is an unexpired
term, as follows: "Unexpired term ending _______(Date)________"

(E)(1)
The names of all candidates for an office shall be arranged in a
group under the title of that office, and, except for absentee
ballots or when the number of candidates for a particular office is
the same as the number of candidates to be elected for that office,
shall be rotated from one precinct to another. On absentee ballots,
the names of all candidates for an office shall be arranged in a
group under the title of that office and shall be so alternated that
each name shall appear, insofar as may be reasonably possible,
substantially an equal number of times at the beginning, at the end,
and in each intermediate place, if any, of the group in which such
name belongs, unless the number of candidates for a particular office
is the same as the number of candidates to be elected for that
office.

(2)

Within
the rectangular space within which the title of each office for
member of a board of education is printed on the ballot shall be
printed "For Member of Board of Education," and the number
to be elected, directions to the voter as to voting for one, two, or
more, and, if the office to be voted for is member of a board of
education of a city school district, words shall be printed in said
space on the ballot to indicate whether candidates are to be elected
from subdistricts or at large.

(3)

The
method of printing the ballots to meet the rotation requirement of
this section shall be as follows: the least common multiple of the
number of names in each of the several groups of candidates shall be
used, and the number of changes made in the printer's forms in
printing the ballots shall correspond with that multiple. The board
of elections shall number all precincts in regular serial sequence.
In the first precinct, the names of the candidates in each group
shall be listed in alphabetical order. In each succeeding precinct,
the name in each group that is listed first in the preceding precinct
shall be listed last, and the name of each candidate shall be moved
up one place. In each precinct using paper ballots, the printed
ballots shall then be assembled in tablets.

(F)
Under the name of each candidate nominated at a primary election,
nominated by petition under section 3517.012 of the Revised Code, or
certified by a party committee to fill a vacancy under section
3513.31 of the Revised Code shall be printed, in less prominent type
face than that in which the candidate's name is printed, the name of
the political party by which the candidate was nominated or
certified. Under the name of each candidate appearing on the ballot
who filed a nominating petition and requested a ballot designation as
a nonparty candidate under section 3513.257 of the Revised Code shall
be printed, in less prominent type face than that in which the
candidate's name is printed, the designation of "nonparty
candidate." Under the name of each candidate appearing on the
ballot who filed a nominating petition and requested a ballot
designation as an other-party candidate under section 3513.257 of the
Revised Code shall be printed, in less prominent type face than that
in which the candidate's name is printed, the designation of
"other-party candidate." No designation shall appear under
the name of a candidate appearing on the ballot who filed a
nominating petition and requested that no ballot designation appear
under the candidate's name under section 3513.257 of the Revised
Code, or who filed a nominating petition and failed to request a
ballot designation either as a nonparty candidate or as an
other-party candidate under that section.

(G)
Except as provided in this section, no words, designations, or
emblems descriptive of a candidate or the candidate's political
affiliation, or indicative of the method by which the candidate was
nominated or certified, shall be printed under or after a candidate's
name that is printed on the ballot.

Sec.
3505.04.
On
the nonpartisan ballot shall be printed the names of all nonpartisan
candidates for election to the office of judge of a municipal court,
county court, or court of common pleas,
the
office of member of the state board of education, the office of
member of a board of education,

municipal or township offices for municipal corporations and
townships in which primary elections are not held for nomination of
candidates by political parties, and municipal offices of municipal
corporations having charters which provide for separate ballots for
elections for such municipal offices.

Such
ballots shall have printed across the top, and below the stubs,
"Official Nonpartisan Ballot."

The
order in which the offices are listed on the ballot shall be
prescribed by, and certified to each board of elections by, the
secretary of state; provided that
the
office of member of the state board of education
county
judicial offices
shall
be listed first on the ballot,
then
county judicial offices,
followed
by municipal and township offices,
and
by offices of member of a board of education,
in
the order stated.

Within
the rectangular space within which the title of each judicial office
is printed on the ballot and immediately below such title shall be
printed the date of the commencement of the term of the office, if a
full term, as follows: "Full term commencing
_______(Date)_______," or the date of the end of the term of the
office, if an unexpired term, as follows: "Unexpired term ending
_______(Date)________"

The
secretary of state shall prescribe the information and directions to
the voter to be printed on the ballot within the rectangular space in
which the title of office of member of the state board of education
appears.

Within
the rectangular space within which the title of each office for
member of a board of education is printed on the ballot shall be
printed "For Member of Board of Education," and the number
to be elected, directions to the voter as to voting for one, two, or
more, and, if the office to be voted for is member of a board of
education of a city school district, words shall be printed in said
space on the ballot to indicate whether candidates are to be elected
from subdistricts or at large.

The
names of all nonpartisan candidates for an office shall be arranged
in a group under the title of that office, and shall be rotated and
printed on the ballot as provided in section 3505.03 of the Revised
Code.

No
name or designation of any political party nor any words,
designations, or emblems descriptive of a candidate or the
candidate's political affiliation, or indicative of the method by
which such candidate was nominated or certified, shall be printed
under or after any nonpartisan candidate's name which is printed on
the ballot.

Sec.
3505.06.
(A)
On the questions and issues ballot shall be printed all questions and
issues to be submitted at any one election together with the
percentage of affirmative votes necessary for passage as required by
law. Such ballot shall have printed across the top thereof, and below
the stubs, "Official Questions and Issues Ballot."

(B)(1)
Questions and issues shall be grouped together on the ballot from top
to bottom as provided in division (B)(1) of this section, except as
otherwise provided in division (B)(2) of this section. State
questions and issues shall always appear as the top group of
questions and issues. In calendar year 1997, the following questions
and issues shall be grouped together on the ballot, in the following
order from top to bottom, after the state questions and issues:

(a)
County questions and issues;

(b)
Municipal questions and issues;

(c)
Township questions and issues;

(d)
School or other district questions and issues.

In
each succeeding calendar year after 1997, each group of questions and
issues described in division (B)(1)(a) to (d) of this section shall
be moved down one place on the ballot except that the group that was
last on the ballot during the immediately preceding calendar year
shall appear at the top of the ballot after the state questions and
issues. The rotation shall be performed only once each calendar year,
beginning with the first election held during the calendar year. The
rotation of groups of questions and issues shall be performed during
each calendar year as required by division (B)(1) of this section,
even if no questions and issues from any one or more such groups
appear on the ballot at any particular election held during that
calendar year.

(2)
Questions and issues shall be grouped together on the ballot, from
top to bottom, in the following order when it is not practicable to
group them together as required by division (B)(1) of this section
because of the type of voting machines used by the board of
elections: state questions and issues, county questions and issues,
municipal questions and issues, township questions and issues, and
school or other district questions and issues. The particular order
in which each of a group of state questions or issues is placed on
the ballot shall be determined by, and certified to each board of
elections by, the secretary of state.

(3)
Failure of the board of elections to rotate questions and issues as
required by division (B)(1) of this section does not affect the
validity of the election at which the failure occurred, and is not
grounds for contesting an election under section 3515.08 of the
Revised Code.

(C)
The particular order in which each of a group of county, municipal,
township, or school district questions or issues is placed on the
ballot shall be determined by the board providing the ballots.

(D)
The printed matter pertaining to each question or issue on the ballot
shall be enclosed at the top and bottom thereof by a heavy horizontal
line across the width of the ballot. Immediately below such top line
shall be printed a brief title descriptive of the question or issue
below it, such as "Proposed Constitutional Amendment,"
"Proposed Bond Issue," "Proposed Annexation of
Territory," "Proposed Increase in Tax Rate," or such
other brief title as will be descriptive of the question or issue to
which it pertains, together with a brief statement of the percentage
of affirmative votes necessary for passage, such as "A
sixty-five per cent affirmative vote is necessary for passage,"
"A majority vote is necessary for passage," or such other
brief statement as will be descriptive of the percentage of
affirmative votes required.

(E)
The questions and issues ballot need not contain the full text of the
proposal to be voted upon. A condensed text that will properly
describe the question, issue, or an amendment proposed by other than
the general assembly shall be used as prepared and certified by the
secretary of state for state-wide questions or issues or by the board
for local questions or issues. If other than a full text is used, the
full text of the proposed question, issue, or amendment together with
the percentage of affirmative votes necessary for passage as required
by law shall be posted in each polling place in some spot that is
easily accessible to the voters.

(F)(1)
Except as otherwise provided in division (F)(2) of this section, each
question and issue appearing on the questions and issues ballot may
be consecutively numbered. The question or issue determined to appear
at the top of the ballot may be designated on the face thereof by the
Arabic numeral "1" and all questions and issues placed
below on the ballot shall be consecutively numbered. Such numeral
shall be placed below the heavy top horizontal line enclosing such
question or issue and to the left of the brief title thereof.

(2)
Beginning with the general election to be held on November 5, 2024, a
state question or issue determined to appear at the top of the ballot
shall be designated on the face thereof by the Arabic numeral "1"
and all state questions and issues placed below on the ballot shall
be consecutively numbered. For elections occurring after the general
election held on November 5, 2024, a state question or issue
determined to appear at the top of the ballot shall be designated on
the face thereof by the Arabic numeral that is consecutive to the
Arabic numeral of the last state question or issue that appeared on
the ballot at the immediately preceding election at which a state
question or issue appeared on the ballot and all state questions or
issues placed below on the ballot shall be consecutively numbered.
Such numeral shall be placed below the heavy top horizontal line
enclosing such question or issue and to the left of the brief title
thereof. Once a state question or issue appears on the ballot
designated by the Arabic numeral "500," the state question
or issue appearing at the top of the ballot at the immediately
following election at which a state question or issue appears on the
ballot shall be designated by the Arabic numeral "1."

(G)
No portion of a ballot question proposing to levy a property tax in
excess of the ten-mill limitation under any section of the Revised
Code, including the renewal
or
replacement
of
such a levy, may be printed in boldface type or in a font size that
is different from the font size of other text in the ballot question.
The prohibitions in division (G) of this section do not apply to
printed matter either described in division (D) of this section
related to such a ballot question or located in the area of the
ballot in which votes are indicated for or against that question.

Sec.
3505.33.
When
the board of elections has completed the canvass of the election
returns from the precincts in its county, in which electors were
entitled to vote at any general or special election, it shall
determine and declare the results of the elections determined by the
electors of such county or of a district or subdivision within such
county. If more than the number of candidates to be elected to an
office received the largest and an equal number of votes, such tie
shall be resolved by lot by the chairperson of the board in the
presence of a majority of the members of the board. Such declaration
shall be in writing and shall be signed by at least a majority of the
members of the board. It shall bear the date of the day upon which it
is made, and a copy thereof shall be posted by the board in a
conspicuous place in its office. The board shall keep such copy
posted for a period of at least five days.

Thereupon
the board shall promptly certify abstracts of the results of such
elections within its county, in such forms as the secretary of state
prescribes. Such forms shall be designated and shall contain
abstracts as follows:

Form
No. 1. An abstract of the votes cast for the office of president and
vice-president of the United States.

Form
No. 2. An abstract of the votes cast for the office of governor and
lieutenant governor, secretary of state, auditor of state, treasurer
of state, attorney general, chief justice of the supreme court of
Ohio, judge of the supreme court of Ohio, member of the senate of the
congress of the United States, member at large of the house of
representatives of the congress of the United States, district member
of the house of representatives of the congress of the United States,
and an abstract of the votes cast upon each question or issue
submitted at such election to electors throughout the entire state.

Form
No. 3. An abstract of the votes cast for the office of member of the
senate of the general assembly, and member of the house of
representatives of the general assembly.

Form
No. 4. A report of the votes cast for
the
office of member of the state board of education,
judge
of the court of appeals, judge of the court of common pleas, judge of
the probate court, judge of the county court, county commissioner,
county auditor, prosecuting attorney, clerk of the court of common
pleas, sheriff, county recorder, county treasurer, county engineer,
and coroner.

Form
No. 5. A report of the votes cast upon all questions and issues other
than such questions and issues which were submitted to electors
throughout the entire state.

Form
No. 6. A report of the votes cast for municipal offices, judge of the
municipal court, township offices, and the office of member of a
board of education.

One
copy of each of these forms shall be kept in the office of the board.
One copy of each of these forms shall promptly be sent to the
secretary of state, who shall place the records contained in forms
No. 1, No. 2, No. 3, No. 4, and No. 6 in electronic format. One copy
of Form No. 2 shall promptly be sent by electronic mail to the
president of the senate of the general assembly. The board shall also
at once upon completion of the official count send a certified copy
of that part of each of the forms which pertains to an election in
which only electors of a district comprised of more than one county
but less than all of the counties of the state voted to the board of
the most populous county in such district. It shall also at once upon
completion of the official count send a certified copy of that part
of each of the forms which pertains to an election in which only
electors of a subdivision located partly within the county voted to
the board of the county in which the major portion of the population
of such subdivision is located.

If,
after certifying and sending abstracts and parts thereof, a board
finds that any such abstract or part thereof is incorrect, it shall
promptly prepare, certify, and send a corrected abstract or part
thereof to take the place of each incorrect abstract or part thereof
theretofore certified and sent.

Sec.
3505.38.
Election
officials who are required to declare the results of a special or
general election in which persons were elected to offices shall,
unless otherwise provided by law, issue to the persons declared
elected by them appropriate certificates of election in such form as
is prescribed by the secretary of state. Such certificates of
election shall be issued by such election officials after the time
within which applications may be made for recounts of votes has
expired, and after recounts of votes which have been applied for are
completed.

All
persons declared to be elected by the president of the senate as
provided for in section 3505.34 of the Revised Code shall be issued
certificates of election by the secretary of state as provided for in
such section and shall be issued commissions for such offices by the
governor, provided that the board of elections required to determine
and declare the results of the election for candidates for election
to the office of member of the house of representatives of the
congress of the United States

or
member of the state board of education

shall, in lieu of issuing a certificate of election, certify to the
secretary of state the names of such candidates declared elected, and
the secretary of state, from such certification, shall issue to the
persons certified to the secretary of state as elected as a member of
the house of representatives of the congress of the United States

or
member of the state board of education

a certificate of the person's election, signed by the governor,
sealed with the great seal of the state, and countersigned by the
secretary of state. Certificates of election of members of the house
of representatives of the congress of the United States shall be
forwarded by registered mail to the clerk of the house of
representatives of the congress of the United States, Washington,
D.C., and the person elected to such office shall be advised by
letter from the secretary of state that the person's certificate of
election has been forwarded to said clerk.

Sec.
3513.04.
Candidates
for party nominations to state, district, county, and municipal
offices or positions, for which party nominations are provided by
law, and for election as members of party controlling committees
shall have their names printed on the official primary ballot by
filing a declaration of candidacy and paying the fees specified for
the office under divisions (A) and (B) of section 3513.10 of the
Revised Code, except that the joint candidates for party nomination
to the offices of governor and lieutenant governor shall, for the two
of them, file one declaration of candidacy. The joint candidates also
shall pay the fees specified for the joint candidates under divisions
(A) and (B) of section 3513.10 of the Revised Code.

The
secretary of state shall not accept for filing the declaration of
candidacy of a candidate for party nomination to the office of
governor unless the declaration of candidacy also shows a joint
candidate for the same party's nomination to the office of lieutenant
governor, shall not accept for filing the declaration of candidacy of
a candidate for party nomination to the office of lieutenant governor
unless the declaration of candidacy also shows a joint candidate for
the same party's nomination to the office of governor, and shall not
accept for filing a declaration of candidacy that shows a candidate
for party nomination to the office of governor or lieutenant governor
who, for the same election, has already filed a declaration of
candidacy or a declaration of intent to be a write-in candidate, or
has become a candidate by the filling of a vacancy under section
3513.30 of the Revised Code for any other state office or any federal
or county office.

No
person who seeks party nomination for an office or position at a
primary election by declaration of candidacy or by declaration of
intent to be a write-in candidate and no person who is a first choice
for president of candidates seeking election as delegates and
alternates to the national conventions of the different major
political parties who are chosen by direct vote of the electors as
provided in this chapter shall be permitted to become a candidate by
nominating petition, including a nominating petition filed under
section 3517.012 of the Revised Code, by declaration of intent to be
a write-in candidate, or by filling a vacancy under section 3513.31
of the Revised Code at the following general election for any office
other than the
office
of member of the state board of education, office of member of a
city, local, or exempted village board of education, office of member
of a governing board of an educational service center, or
office
of township trustee.

Sec.
3513.05.
(A)

Each
person desiring to become a candidate for a party nomination at a
primary election or for election to an office or position to be voted
for at a primary election, except persons desiring to become joint
candidates for the offices of governor and lieutenant governor and
except as otherwise provided in section 3513.051 of the Revised Code,
shall, not later than four p.m. of the ninetieth day before the day
of the primary election, file a declaration of candidacy and petition
and pay the fees required under divisions (A) and (B) of section
3513.10 of the Revised Code. The declaration of candidacy and all
separate petition papers shall be filed at the same time as one
instrument. When the offices are to be voted for at a primary
election, persons desiring to become joint candidates for the offices
of governor and lieutenant governor shall, not later than four p.m.
of the ninetieth day before the day of the primary election, comply
with section 3513.04 of the Revised Code. The prospective joint
candidates' declaration of candidacy and all separate petition papers
of candidacies shall be filed at the same time as one instrument. The
secretary of state or a board of elections shall not accept for
filing a declaration of candidacy and petition of a person seeking to
become a candidate if that person, for the same election, has already
filed a declaration of candidacy or a declaration of intent to be a
write-in candidate, or has become a candidate by the filling of a
vacancy under section 3513.30 of the Revised Code for any federal,
state, or county office, if the declaration of candidacy is for a
state or county office, or for any municipal or township office, if
the declaration of candidacy is for a municipal or township office.

(B)

If
the declaration of candidacy declares a candidacy which is to be
submitted to electors throughout the entire state, the petition,
including a petition for joint candidates for the offices of governor
and lieutenant governor, shall be signed by at least one thousand
qualified electors who are members of the same political party as the
candidate or joint candidates, and the declaration of candidacy and
petition shall be filed with the secretary of state; provided that
the secretary of state shall not accept or file any such petition
appearing on its face to contain signatures of more than three
thousand electors.

(C)(1)

Except
as otherwise provided in this
paragraph
section
,
if the declaration of candidacy is of one that is to be submitted
only to electors within a district, political subdivision, or portion
thereof, the petition shall be signed by not less than fifty
qualified electors who are members of the same political party as the
political party of which the candidate is a member.
If

(2)
If
the
declaration of candidacy is for party nomination as a candidate for

member
of the legislative authority of a municipal corporation elected by
ward
any
of the following
,
the petition shall be signed by not less than twenty-five qualified
electors who are members of the political party of which the
candidate is a member
:

(a)
Member of the legislative authority of a municipal corporation
elected by ward;

(b)
Member of a local or exempted village board of education;

(c)
Member of a board of education of a city school district having a
population of less than twenty thousand, as determined by the most
recent federal decennial census
.

(D)

No
such petition, except the petition for a candidacy that is to be
submitted to electors throughout the entire state, shall be accepted
for filing if it appears to contain on its face signatures of more
than three times the minimum number of signatures. When a petition of
a candidate has been accepted for filing by a board of elections, the
petition shall not be deemed invalid if, upon verification of
signatures contained in the petition, the board of elections finds
the number of signatures accepted exceeds three times the minimum
number of signatures required. A board of elections may discontinue
verifying signatures on petitions when the number of verified
signatures equals the minimum required number of qualified
signatures.

(E)

If
the declaration of candidacy declares a candidacy for party
nomination or for election as a candidate of a minor party, the
minimum number of signatures on such petition is one-half the minimum
number provided in this section, except that, when the candidacy is
one for election as a member of the state central committee or the
county central committee of a political party, the minimum number
shall be the same for a minor party as for a major party.

(F)

If
a declaration of candidacy is one for election as a member of the
state central committee or the county central committee of a
political party, the petition shall be signed by five qualified
electors of the district, county, ward, township, or precinct within
which electors may vote for such candidate. The electors signing such
petition shall be members of the same political party as the
political party of which the candidate is a member.

(G)

For
purposes of signing or circulating a petition of candidacy for party
nomination or election, an elector is considered to be a member of a
political party if the elector voted in that party's primary election
within the preceding two calendar years, or if the elector did not
vote in any other party's primary election within the preceding two
calendar years.

(H)

If
the declaration of candidacy is of one that is to be submitted only
to electors within a county, or within a district or subdivision or
part thereof smaller than a county, the petition shall be filed with
the board of elections of the county. If the declaration of candidacy
is of one that is to be submitted only to electors of a district or
subdivision or part thereof that is situated in more than one county,
the petition shall be filed with the board of elections of the county
within which the major portion of the population thereof, as
ascertained by the next preceding federal census, is located.

(I)

A
petition shall consist of separate petition papers, each of which
shall contain signatures of electors of only one county. Petitions or
separate petition papers containing signatures of electors of more
than one county shall not thereby be declared invalid. In case
petitions or separate petition papers containing signatures of
electors of more than one county are filed, the board shall determine
the county from which the majority of signatures came, and only
signatures from such county shall be counted. Signatures from any
other county shall be invalid.

(J)

Each
separate petition paper shall be circulated by one person only, who
shall be the candidate or a joint candidate or a member of the same
political party as the candidate or joint candidates, and each
separate petition paper shall be governed by the rules set forth in
section 3501.38 of the Revised Code.

(K)

The
secretary of state shall promptly transmit to each board such
separate petition papers of each petition accompanying a declaration
of candidacy filed with the secretary of state as purport to contain
signatures of electors of the county of such board. The board of the
most populous county of a district shall promptly transmit to each
board within such district such separate petition papers of each
petition accompanying a declaration of candidacy filed with it as
purport to contain signatures of electors of the county of each such
board. The board of a county within which the major portion of the
population of a subdivision, situated in more than one county, is
located, shall promptly transmit to the board of each other county
within which a portion of such subdivision is located such separate
petition papers of each petition accompanying a declaration of
candidacy filed with it as purport to contain signatures of electors
of the portion of such subdivision in the county of each such board.

(L)

All
petition papers so transmitted to a board and all petitions
accompanying declarations of candidacy filed with a board shall,
under proper regulations, be open to public inspection until four
p.m. of the eightieth day before the day of the next primary
election. Each board shall, not later than the seventy-eighth day
before the day of that primary election, examine and determine the
validity or invalidity of the signatures on the petition papers so
transmitted to or filed with it and shall return to the secretary of
state all petition papers transmitted to it by the secretary of
state, together with its certification of its determination as to the
validity or invalidity of signatures thereon, and shall return to
each other board all petition papers transmitted to it by such board,
together with its certification of its determination as to the
validity or invalidity of the signatures thereon. All other matters
affecting the validity or invalidity of such petition papers shall be
determined by the secretary of state or the board with whom such
petition papers were filed.

(M)(1)

Protests
against the candidacy of any person filing a declaration of candidacy
for party nomination or for election to an office or position, as
provided in this section, may be filed by any qualified elector who
is a member of the same political party as the candidate and who is
eligible to vote at the primary election for the candidate whose
declaration of candidacy the elector objects to, or by the
controlling committee of that political party. The protest shall be
in writing, and shall be filed not later than four p.m. of the
seventy-fourth day before the day of the primary election. The
protest shall be filed with the election officials with whom the
declaration of candidacy and petition was filed. Upon the filing of
the protest, the election officials with whom it is filed shall
promptly fix the time for hearing it, and shall forthwith mail notice
of the filing of the protest and the time fixed for hearing to the
person whose candidacy is so protested. They shall also forthwith
mail notice of the time fixed for such hearing to the person who
filed the protest. At the time fixed, such election officials shall
hear the protest and determine the validity or invalidity of the
declaration of candidacy and petition. If they find that such
candidate is not an elector of the state, district, county, or
political subdivision in which the candidate seeks a party nomination
or election to an office or position, or has not fully complied with
this chapter, the candidate's declaration of candidacy and petition
shall be determined to be invalid and shall be rejected; otherwise,
it shall be determined to be valid. That determination shall be
final.

(2)

A
protest against the candidacy of any persons filing a declaration of
candidacy for joint party nomination to the offices of governor and
lieutenant governor shall be filed, heard, and determined in the same
manner as a protest against the candidacy of any person filing a
declaration of candidacy singly.

(N)(1)

The
secretary of state shall, on the seventieth day before the day of a
primary election, certify to each board in the state the forms of the
official ballots to be used at the primary election, together with
the names of the candidates to be printed on the ballots whose
nomination or election is to be determined by electors throughout the
entire state and who filed valid declarations of candidacy and
petitions.

(2)

The
board of the most populous county in a district comprised of more
than one county but less than all of the counties of the state shall,
on the seventieth day before the day of a primary election, certify
to the board of each county in the district the names of the
candidates to be printed on the official ballots to be used at the
primary election, whose nomination or election is to be determined
only by electors within the district and who filed valid declarations
of candidacy and petitions.

(3)

The
board of a county within which the major portion of the population of
a subdivision smaller than the county and situated in more than one
county is located shall, on the seventieth day before the day of a
primary election, certify to the board of each county in which a
portion of that subdivision is located the names of the candidates to
be printed on the official ballots to be used at the primary
election, whose nomination or election is to be determined only by
electors within that subdivision and who filed valid declarations of
candidacy and petitions.

Sec.
3513.052.
(A)
No person shall seek nomination or election to any of the following
offices or positions at the same election by filing a declaration of
candidacy and petition, a declaration of intent to be a write-in
candidate, or a nominating petition, or by becoming a candidate
through party nomination in a primary election, or by the filling of
a vacancy under section 3513.30 or 3513.31 of the Revised Code:

(1)
Two or more state offices;

(2)
Two or more county offices;

(3)
A state office and a county office;

(4)
A federal office and a state or county office;

(5)
Any combination of two or more municipal or township offices,
positions as a member of a city, local, or exempted village board of
education, or positions as a member of a governing board of an
educational service center.

(B)
The secretary of state or a board of elections shall not accept for
filing a declaration of candidacy and petition, a declaration of
intent to be a write-in candidate, or a nominating petition of a
person seeking to become a candidate if that person, for the same
election, has already filed a declaration of candidacy, a declaration
of intent to be a write-in candidate, or a nominating petition, or
has become a candidate through party nomination at a primary election
or by the filling of a vacancy under section 3513.30 or 3513.31 of
the Revised Code for:

(1)
Any federal, state, or county office, if the declaration of
candidacy, declaration of intent to be a write-in candidate, or
nominating petition is for a state or county office;

(2)
Any municipal or township office, or for member of a city, local, or
exempted village board of education, or for member of a governing
board of an educational service center, if the declaration of
candidacy, declaration of intent to be a write-in candidate, or
nominating petition is for a municipal or township office, or for
member of a city, local, or exempted village board of education, or
for member of a governing board of an educational service center.

(C)(1)
If the secretary of state determines, before the day of the primary
election, that a person is seeking nomination to more than one office
at that election in violation of division (A) of this section, the
secretary of state shall do one of the following:

(a)
If each office or the district for each office for which the person
is seeking nomination is wholly within a single county and none of
those offices is a federal office, the secretary of state shall
notify the board of elections of that county. The board then shall
determine the date on which the person first sought to become a
candidate for each of those offices by filing a declaration of
candidacy or a declaration of intent to be a write-in candidate or by
the filling of a vacancy under section 3513.30 of the Revised Code.
The board shall vote promptly to disqualify that person as a
candidate for each office for which the person sought to become a
candidate after the date on which the person first sought to become a
candidate for any of those offices. If the board determines that the
person sought to become a candidate for more than one of those
offices on the same date, the board shall vote promptly to disqualify
that person as a candidate for each office that would be listed on
the ballot below the highest office for which that person seeks
nomination, according to the ballot order prescribed under section
3505.03 of the Revised Code.

(b)
If one or more of the offices for which the person is seeking
nomination is a state office or an office with a district larger than
a single county and none of the offices for which the person is
seeking nomination is a federal office, the secretary of state shall
determine the date on which the person first sought to become a
candidate for each of those offices by filing a declaration of
candidacy or a declaration of intent to be a write-in candidate or by
the filling of a vacancy under section 3513.30 of the Revised Code.
The secretary of state shall order the board of elections of each
county in which the person is seeking to appear on the ballot to
disqualify that person as a candidate for each office for which the
person sought to become a candidate after the date on which the
person first sought to become a candidate for any of those offices.
If the secretary of state determines that the person sought to become
a candidate for more than one of those offices on the same date, the
secretary of state shall order the board of elections of each county
in which the person is seeking to appear on the ballot to disqualify
that person as a candidate for each office that would be listed on
the ballot below the highest office for which that person seeks
nomination, according to the ballot order prescribed under section
3505.03 of the Revised Code. Each board of elections so notified
shall vote promptly to disqualify the person as a candidate in
accordance with the order of the secretary of state.

(c)
If each office or the district for each office for which the person
is seeking nomination is wholly within a single county and any of
those offices is a federal office, the secretary of state shall
notify the board of elections of that county. The board then shall
vote promptly to disqualify that person as a candidate for each
office that is not a federal office.

(d)
If one or more of the offices for which the person is seeking
nomination is a state office and any of the offices for which the
person is seeking nomination is a federal office, the secretary of
state shall order the board of elections of each county in which the
person is seeking to appear on the ballot to disqualify that person
as a candidate for each office that is not a federal office. Each
board of elections so notified shall vote promptly to disqualify the
person as a candidate in accordance with the order of the secretary
of state.

(2)
If a board of elections determines, before the day of the primary
election, that a person is seeking nomination to more than one office
at that election in violation of division (A) of this section, the
board shall do one of the following:

(a)
If each office or the district for each office for which the person
is seeking nomination is wholly within that county and none of those
offices is a federal office, the board shall determine the date on
which the person first sought to become a candidate for each of those
offices by filing a declaration of candidacy or a declaration of
intent to be a write-in candidate or by the filling of a vacancy
under section 3513.30 of the Revised Code. The board shall vote
promptly to disqualify that person as a candidate for each office for
which the person sought to become a candidate after the date on which
the person first sought to become a candidate for any of those
offices. If the board determines that the person sought to become a
candidate for more than one of those offices on the same date, the
board shall vote promptly to disqualify that person as a candidate
for each office that would be listed on the ballot below the highest
office for which that person seeks nomination, according to the
ballot order prescribed under section 3505.03 of the Revised Code.

(b)
If one or more of the offices for which the person is seeking
nomination is a state office or an office with a district larger than
a single county and none of the offices for which the person is
seeking nomination is a federal office, the board shall notify the
secretary of state. The secretary of state then shall determine the
date on which the person first sought to become a candidate for each
of those offices by filing a declaration of candidacy or a
declaration of intent to be a write-in candidate or by the filling of
a vacancy under section 3513.30 of the Revised Code. The secretary of
state shall order the board of elections of each county in which the
person is seeking to appear on the ballot to disqualify that person
as a candidate for each office for which the person sought to become
a candidate after the date on which the person first sought to become
a candidate for any of those offices. If the secretary of state
determines that the person sought to become a candidate for more than
one of those offices on the same date, the secretary of state shall
order the board of elections of each county in which the person is
seeking to appear on the ballot to disqualify that person as a
candidate for each office that would be listed on the ballot below
the highest office for which that person seeks nomination, according
to the ballot order prescribed under section 3505.03 of the Revised
Code. Each board of elections so notified shall vote promptly to
disqualify the person as a candidate in accordance with the order of
the secretary of state.

(c)
If each office or the district for each office for which the person
is seeking nomination is wholly within a single county and any of
those offices is a federal office, the board shall vote promptly to
disqualify that person as a candidate for each office that is not a
federal office.

(d)
If one or more of the offices for which the person is seeking
nomination is a state office and any of the offices for which the
person is seeking nomination is a federal office, the board shall
notify the secretary of state. The secretary of state then shall
order the board of elections of each county in which the person is
seeking to appear on the ballot to disqualify that person as a
candidate for each office that is not a federal office. Each board of
elections so notified shall vote promptly to disqualify the person as
a candidate in accordance with the order of the secretary of state.

(D)(1)
If the secretary of state determines, after the day of the primary
election and before the day of the general election, that a person is
seeking election to more than one office at that election in
violation of division (A) of this section, the secretary of state
shall do one of the following:

(a)
If each office or the district for each office for which the person
is seeking election is wholly within a single county and none of
those offices is a federal office, the secretary of state shall
notify the board of elections of that county. The board then shall
determine the offices for which the person seeks to appear as a
candidate on the ballot. The board shall vote promptly to disqualify
that person as a candidate for each office that would be listed on
the ballot below the highest office for which that person seeks
election, according to the ballot order prescribed under section
3505.03 of the Revised Code. If the person sought nomination at a
primary election and has not yet been issued a certificate of
nomination, the board shall not issue that certificate for that
person for any office that would be listed on the ballot below the
highest office for which that person seeks election, according to the
ballot order prescribed under section 3505.03 of the Revised Code.

(b)
If one or more of the offices for which the person is seeking
election is a state office or an office with a district larger than a
single county and none of the offices for which the person is seeking
election is a federal office, the secretary of state shall promptly
investigate and determine the offices for which the person seeks to
appear as a candidate on the ballot. The secretary of state shall
order the board of elections of each county in which the person is
seeking to appear on the ballot to disqualify that person as a
candidate for each office that would be listed on the ballot below
the highest office for which that person seeks election, according to
the ballot order prescribed under section 3505.03 of the Revised
Code. Each board of elections so notified shall vote promptly to
disqualify the person as a candidate in accordance with the order of
the secretary of state. If the person sought nomination at a primary
election and has not yet been issued a certificate of nomination, the
board shall not issue that certificate for that person for any office
that would be listed on the ballot below the highest office for which
that person seeks election, according to the ballot order prescribed
under section 3505.03 of the Revised Code.

(c)
If each office or the district for each office for which the person
is seeking election is wholly within a single county and any of those
offices is a federal office, the secretary of state shall notify the
board of elections of that county. The board then shall vote promptly
to disqualify that person as a candidate for each office that is not
a federal office. If the person sought nomination at a primary
election and has not yet been issued a certificate of nomination, the
board shall not issue that certificate for that person for any office
that is not a federal office.

(d)
If one or more of the offices for which the person is seeking
election is a state office and any of the offices for which the
person is seeking election is a federal office, the secretary of
state shall order the board of elections of each county in which the
person is seeking to appear on the ballot to disqualify that person
as a candidate for each office that is not a federal office. Each
board of elections so notified shall vote promptly to disqualify the
person as a candidate in accordance with the order of the secretary
of state. If the person sought nomination at a primary election and
has not yet been issued a certificate of nomination, the board shall
not issue that certificate for that person for any office that is not
a federal office.

(2)
If a board of elections determines, after the day of the primary
election and before the day of the general election, that a person is
seeking election to more than one office at that election in
violation of division (A) of this section, the board of elections
shall do one of the following:

(a)
If each office or the district for each office for which the person
is seeking election is wholly within that county and none of those
offices is a federal office, the board shall determine the offices
for which the person seeks to appear as a candidate on the ballot.
The board shall vote promptly to disqualify that person as a
candidate for each office that would be listed on the ballot below
the highest office for which that person seeks election, according to
the ballot order prescribed under section 3505.03 of the Revised
Code. If the person sought nomination at a primary election and has
not yet been issued a certificate of nomination, the board shall not
issue that certificate for that person for any office that would be
listed on the ballot below the highest office for which that person
seeks election, according to the ballot order prescribed under
section 3505.03 of the Revised Code.

(b)
If one or more of the offices for which the person is seeking
election is a state office or an office with a district larger than a
single county and none of the offices for which the person is seeking
election is a federal office, the board shall notify the secretary of
state. The secretary of state promptly shall investigate and
determine the offices for which the person seeks to appear as a
candidate on the ballot. The secretary of state shall order the board
of elections of each county in which the person is seeking to appear
on the ballot to disqualify that person as a candidate for each
office that would be listed on the ballot below the highest office
for which that person seeks election, according to the ballot order
prescribed under section 3505.03 of the Revised Code. Each board of
elections so notified shall vote promptly to disqualify the person as
a candidate in accordance with the order of the secretary of state.
If the person sought nomination at a primary election and has not yet
been issued a certificate of nomination, the board shall not issue
that certificate for that person for any office that would be listed
on the ballot below the highest office for which that person seeks
election, according to the ballot order prescribed under section
3505.03 of the Revised Code.

(c)
If each office or the district for each office for which the person
is seeking election is wholly within that county and any of those
offices is a federal office, the board shall vote promptly to
disqualify that person as a candidate for each office that is not a
federal office. If the person sought nomination at a primary election
and has not yet been issued a certificate of nomination, the board
shall not issue that certificate for that person for any office that
is not a federal office.

(d)
If one or more of the offices for which the person is seeking
election is a state office and any of the offices for which the
person is seeking election is a federal office, the board shall
notify the secretary of state. The secretary of state shall order the
board of elections of each county in which the person is seeking to
appear on the ballot to disqualify that person as a candidate for
each office that is not a federal office. Each board of elections so
notified shall vote promptly to disqualify the person as a candidate
in accordance with the order of the secretary of state. If the person
sought nomination at a primary election and has not yet been issued a
certificate of nomination, the board shall not issue that certificate
for that person for any office that is not a federal office.

(E)
When a person is disqualified as a candidate under division (C) or
(D) of this section, on or before the seventieth day before the day
of the applicable election, the board of elections shall remove the
person's name from the ballot for any office for which that person
has been disqualified as a candidate according to the directions of
the secretary of state. When a person is disqualified as a candidate
under division (C) or (D) of this section after the seventieth day
before the day of the applicable election, the board of elections
shall not remove the person's name from the ballot for any office for
which that person has been disqualified as a candidate. The board of
elections shall post a notice at each polling location on the day of
the applicable election, and shall enclose with each absent voter's
ballot given or mailed after the candidate is disqualified, a notice
that votes for the person for the office for which the person has
been disqualified as a candidate will be void and will not be
counted. If the name is not removed from the ballots before the day
of the election, the votes for the disqualified candidate are void
and shall not be counted.

(F)
Any vacancy created by the disqualification of a person as a
candidate under division (C) or (D) of this section may be filled in
the manner provided for in sections 3513.30 and 3513.31 of the
Revised Code.

(G)
Nothing in this section or section 3513.04, 3513.041, 3513.05,
3513.251, 3513.253,
3513.254,
3513.255,
3513.257,

3513.259,

or 3513.261 of the Revised Code prohibits, and the secretary of state
or a board of elections shall not disqualify, a person from being a
candidate for an office, if that person timely withdraws as a
candidate for any offices specified in division (A) of this section
for which that person first sought to become a candidate by filing a
declaration of candidacy and petition, a declaration of intent to be
a write-in candidate, or a nominating petition, by party nomination
in a primary election, or by the filling of a vacancy under section
3513.30 or 3513.31 of the Revised Code.

(H)
As used in this section:

(1)
"State office" means the offices of governor, lieutenant
governor, secretary of state, auditor of state, treasurer of state,
attorney general,
member
of the state board of education,
member
of the general assembly, chief justice of the supreme court, and
justice of the supreme court.

(2)
"Timely withdraws" means either of the following:

(a)
Withdrawing as a candidate before the applicable deadline for filing
a declaration of candidacy, declaration of intent to be a write-in
candidate, or nominating petition for the subsequent office for which
the person is seeking to become a candidate at the same election;

(b)
Withdrawing as a candidate before the applicable deadline for the
filling of a vacancy under section 3513.30 or 3513.31 of the Revised
Code, if the person is seeking to become a candidate for a subsequent
office at the same election under either of those sections.

Sec.
3513.10.
(A)
At the time of filing a declaration of candidacy for nomination for
any office, or a declaration of intent to be a write-in candidate,
each candidate, except joint candidates for governor and lieutenant
governor, shall pay a fee as follows:

1

2

A

For
statewide office

$100

B

For
court of appeals judge

$50

C

For
court of common pleas judge

$50

D

For
county court judge

$50

E

For
municipal court judge

$50

F

For
district office, including member of the United States house of
representatives and member of the general assembly

$50

G

For
county office

$50

H

For
city office

$20

I

For
village office

$10

J

For
township office

$10

K

For
member of state board of education

$20

L

For
member of local, city, or exempted village board of education or
educational service center governing board

$10

At
the time of filing a declaration of candidacy or a declaration of
intent to be a write-in candidate for the offices of governor and
lieutenant governor, the joint candidates shall jointly pay to the
secretary of state a fee of one hundred dollars.

(B)(1)
At the same time the fee required under division (A) of this section
is paid, each candidate shall pay an additional fee as follows:

1

2

A

For
the joint candidates for governor and lieutenant governor

$50

B

For
statewide office

$50

C

For
district office, including member of the United States house of
representatives and member of the general assembly

$35

D

For
member of state board of education

$35

E

For
court of appeals judge

$30

F

For
court of common pleas judge

$30

G

For
county court judge

$30

H

For
municipal court judge

$30

I

For
county office

$30

J

For
city office

$25

K

For
village office

$20

L

For
township office

$20

M

For
member of local, city, or exempted village board of education or
educational service center governing board

$20

(2)
Whoever seeks to propose a ballot question or issue to be submitted
to the electors shall pay the following fee at the time the petition
proposing the question or issue is filed:

(a)
If the question or issue is to be submitted to the electors
throughout the entire state, twenty-five dollars;

(b)
If the question or issue is to be submitted to the electors of a
county or of a district that consists of all or part of two or more
counties but less than the entire state, fifteen dollars;

(c)
If the question or issue is to be submitted to the electors of a
city, twelve dollars and fifty cents;

(d)
If the question or issue is to be submitted to the electors of a
village, a township, a local, city, county, or exempted village
school district, a precinct, or another district consisting of less
than an entire county, ten dollars.

(C)
No fee shall be required of candidates filing for the office of
delegate or alternate to the national convention of political
parties, member of the state central committee of a political party,
or member of the county central committee of a political party.

(D)
All fees required under division (A) of this section immediately
shall be paid by the officer receiving them into the state treasury
to the credit of the general revenue fund, in the case of fees
received by the secretary of state, and into the county treasury to
the credit of the county general fund, in the case of fees received
by a board of elections.

(E)
The officer who receives a fee required under division (B) of this
section immediately shall pay the fee to the credit of the Ohio

elections

election
integrity
commission
fund created
by
division (I) of
under

section

3517.152

111.29

of
the Revised Code.

(F)(1)
In no case shall a fee paid under this section be returned to a
candidate.

(2)
Whenever a section of law refers to a filing fee to be paid by a
candidate or by a committee proposing a ballot question or issue to
be submitted to the electors, that fee includes the fees required
under divisions (A) and (B) of this section.

(G)
As used in divisions (A) and (B) of this section, "statewide
office" means the office of secretary of state, auditor of
state, treasurer of state, attorney general, justice and chief
justice of the supreme court, and member of the United States senate.

Sec.
3513.19.
(A)
It is the duty of any precinct election official, whenever any such
official doubts that a person attempting to vote at a primary
election is legally entitled to vote at that election, to challenge
the right of that person to vote. The right of a person to vote at a
primary election may be challenged upon the following grounds:

(1)
That the person whose right to vote is challenged is not a legally
qualified elector;

(2)
That the person has received or has been promised some valuable
reward or consideration for the person's vote;

(3)
That the person is not affiliated with or is not a member of the
political party whose ballot the person desires to vote. Such party
affiliation shall be determined by examining the elector's voting
record for the current year and the immediately preceding two
calendar years as shown on the voter's registration card, using the
standards of affiliation specified in
the
seventh paragraph
division
(G)
of
section 3513.05 of the Revised Code. Division (A)(3) of this section
and
the
seventh paragraph
division
(G)
of
section 3513.05 of the Revised Code do not prohibit a person who
holds an elective office for which candidates are nominated at a
party primary election from doing any of the following:

(a)
If the person voted as a member of a different political party at any
primary election within the current year and the immediately
preceding two calendar years, being a candidate for nomination at a
party primary held during the times specified in division (C)(2) of
section 3513.191 of the Revised Code provided that the person
complies with the requirements of that section;

(b)
Circulating the person's own petition of candidacy for party
nomination in the primary election.

(B)
When the right of a person to vote is challenged upon the ground set
forth in division (A)(3) of this section, membership in or political
affiliation with a political party shall be determined by the
person's statement, made under penalty of election falsification,
that the person desires to be affiliated with and supports the
principles of the political party whose primary ballot the person
desires to vote.

Sec.
3517.01.
(A)(1)
A political party within the meaning of Title XXXV of the Revised
Code is any group of voters that meets either of the following
requirements:

(a)
Except as otherwise provided in this division, at the most recent
regular state election, the group polled for its candidate for
governor in the state or nominees for presidential electors at least
three per cent of the entire vote cast for that office. A group that
meets the requirements of this division remains a political party for
a period of four years after meeting those requirements.

(b)
The group filed with the secretary of state, subsequent to its
failure to meet the requirements of division (A)(1)(a) of this
section, a party formation petition that meets all of the following
requirements:

(i)
The petition is signed by qualified electors equal in number to at
least one per cent of the total vote for governor or nominees for
presidential electors at the most recent election for such office.

(ii)
The petition is signed by not fewer than five hundred qualified
electors from each of at least a minimum of one-half of the
congressional districts in this state. If an odd number of
congressional districts exists in this state, the number of districts
that results from dividing the number of congressional districts by
two shall be rounded up to the next whole number.

(iii)
The petition declares the petitioners' intention of organizing a
political party, the name of which shall be stated in the
declaration, and of participating in the succeeding general election,
held in even-numbered years, that occurs more than one hundred
twenty-five days after the date of filing.

(iv)
The petition designates a committee of not less than three nor more
than five individuals of the petitioners, who shall represent the
petitioners in all matters relating to the petition. Notice of all
matters or proceedings pertaining to the petition may be served on
the committee, or any of them, either personally or by registered
mail, or by leaving such notice at the usual place of residence of
each of them.

(2)
No such group of electors shall assume a name or designation that is
similar, in the opinion of the secretary of state, to that of an
existing political party as to confuse or mislead the voters at an
election.

(B)
A campaign committee shall be legally liable for any debts,
contracts, or expenditures incurred or executed in its name.

(C)
Notwithstanding the definitions found in section 3501.01 of the
Revised Code, as used in this section and sections 3517.08 to

3517.14,
3517.99, and 3517.992
3517.991

of
the Revised Code:

(1)
"Campaign committee" means a candidate or a combination of
two or more persons authorized by a candidate under section 3517.081
of the Revised Code to receive contributions and make expenditures.

(2)
"Campaign treasurer" means an individual appointed by a
candidate under section 3517.081 of the Revised Code.

(3)
"Candidate" has the same meaning as in division (H) of
section 3501.01 of the Revised Code and also includes any person who,
at any time before or after an election, receives contributions or
makes expenditures or other use of contributions, has given consent
for another to receive contributions or make expenditures or other
use of contributions, or appoints a campaign treasurer, for the
purpose of bringing about the person's nomination or election to
public office. When two persons jointly seek the offices of governor
and lieutenant governor, "candidate" means the pair of
candidates jointly. "Candidate" does not include candidates
for election to the offices of member of a county or state central
committee, presidential elector, and delegate to a national
convention or conference of a political party.

(4)
"Continuing association" means an association, other than a
campaign committee, political party, legislative campaign fund,
political contributing entity, or labor organization, that is
intended to be a permanent organization that has a primary purpose
other than supporting or opposing specific candidates, political
parties, or ballot issues, and that functions on a regular basis
throughout the year. "Continuing association" includes
organizations that are determined to be not organized for profit
under subsection 501 and that are described in subsection 501(c)(3),
501(c)(4), or 501(c)(6) of the Internal Revenue Code.

(5)
"Contribution" means a loan, gift, deposit, forgiveness of
indebtedness, donation, advance, payment, or transfer of funds or
anything of value, including a transfer of funds from an inter vivos
or testamentary trust or decedent's estate, and the payment by any
person other than the person to whom the services are rendered for
the personal services of another person, which contribution is made,
received, or used for the purpose of influencing the results of an
election. Any loan, gift, deposit, forgiveness of indebtedness,
donation, advance, payment, or transfer of funds or of anything of
value, including a transfer of funds from an inter vivos or
testamentary trust or decedent's estate, and the payment by any
campaign committee, political action committee, legislative campaign
fund, political party, political contributing entity, or person other
than the person to whom the services are rendered for the personal
services of another person, that is made, received, or used by a
state or county political party, other than the moneys an entity may
receive under sections 3517.101, 3517.1012, and 3517.1013 of the
Revised Code, shall be considered to be a "contribution"
for the purpose of section 3517.10 of the Revised Code and shall be
included on a statement of contributions filed under that section.

"Contribution"
does not include any of the following:

(a)
Services provided without compensation by individuals volunteering a
portion or all of their time on behalf of a person;

(b)
Ordinary home hospitality;

(c)
The personal expenses of a volunteer paid for by that volunteer
campaign worker;

(d)
Any gift given to an entity pursuant to section 3517.101 of the
Revised Code;

(e)
Any contribution as defined in section 3517.1011 of the Revised Code
that is made, received, or used to pay the direct costs of producing
or airing an electioneering communication;

(f)
Any gift given to a state or county political party for the party's
restricted fund under division (A)(2) of section 3517.1012 of the
Revised Code;

(g)
Any gift given to a state political party for deposit in a Levin
account pursuant to section 3517.1013 of the Revised Code. As used in
this division, "Levin account" has the same meaning as in
that section.

(h)
Any donation given to a transition fund under section 3517.1014 of
the Revised Code.

(6)
"Expenditure" means the disbursement or use of a
contribution for the purpose of influencing the results of an
election or of making a charitable donation under division (G) of
section 3517.08 of the Revised Code. Any disbursement or use of a
contribution by a state or county political party is an expenditure
and shall be considered either to be made for the purpose of
influencing the results of an election or to be made as a charitable
donation under division (G) of section 3517.08 of the Revised Code
and shall be reported on a statement of expenditures filed under
section 3517.10 of the Revised Code. During the thirty days preceding
a primary or general election, any disbursement to pay the direct
costs of producing or airing a broadcast, cable, or satellite
communication that refers to a clearly identified candidate shall be
considered to be made for the purpose of influencing the results of
that election and shall be reported as an expenditure or as an
independent expenditure under section 3517.10 or 3517.105 of the
Revised Code, as applicable, except that the information required to
be reported regarding contributors for those expenditures or
independent expenditures shall be the same as the information
required to be reported under divisions (D)(1) and (2) of section
3517.1011 of the Revised Code.

As
used in this division, "broadcast, cable, or satellite
communication" and "refers to a clearly identified
candidate" have the same meanings as in section 3517.1011 of the
Revised Code.

(7)
"Personal expenses" includes, but is not limited to,
ordinary expenses for accommodations, clothing, food, personal motor
vehicle or airplane, and home telephone.

(8)
"Political action committee" means a combination of two or
more persons, the primary or major purpose of which is to support or
oppose any candidate, political party, or issue, or to influence the
result of any election through express advocacy, and that is not a
political party, a campaign committee, a political contributing
entity, or a legislative campaign fund. "Political action
committee" does not include either of the following:

(a)
A continuing association that makes disbursements for the direct
costs of producing or airing electioneering communications and that
does not engage in express advocacy;

(b)
A political club that is formed primarily for social purposes and
that consists of one hundred members or less, has officers and
periodic meetings, has less than two thousand five hundred dollars in
its treasury at all times, and makes an aggregate total contribution
of one thousand dollars or less per calendar year.

(9)
"Public office" means any state, county, municipal,
township, or district office, except an office of a political party,
that is filled by an election and the offices of United States
senator and representative.

(10)
"Anything of value" has the same meaning as in section 1.03
of the Revised Code.

(11)
"Beneficiary of a campaign fund" means a candidate, a
public official or employee for whose benefit a campaign fund exists,
and any other person who has ever been a candidate or public official
or employee and for whose benefit a campaign fund exists.

(12)
"Campaign fund" means money or other property, including
contributions.

(13)
"Public official or employee" has the same meaning as in
section 102.01 of the Revised Code.

(14)
"Caucus" means all of the members of the house of
representatives or all of the members of the senate of the general
assembly who are members of the same political party.

(15)
"Legislative campaign fund" means a fund that is
established as an auxiliary of a state political party and associated
with one of the houses of the general assembly.

(16)
"In-kind contribution" means anything of value other than
money that is used to influence the results of an election or is
transferred to or used in support of or in opposition to a candidate,
campaign committee, legislative campaign fund, political party,
political action committee, or political contributing entity and that
is made with the consent of, in coordination, cooperation, or
consultation with, or at the request or suggestion of the benefited
candidate, committee, fund, party, or entity. The financing of the
dissemination, distribution, or republication, in whole or part, of
any broadcast or of any written, graphic, or other form of campaign
materials prepared by the candidate, the candidate's campaign
committee, or their authorized agents is an in-kind contribution to
the candidate and an expenditure by the candidate.

(17)
"Independent expenditure" means an expenditure by a person
advocating the election or defeat of an identified candidate or
candidates, that is not made with the consent of, in coordination,
cooperation, or consultation with, or at the request or suggestion of
any candidate or candidates or of the campaign committee or agent of
the candidate or candidates. As used in division (C)(17) of this
section:

(a)
"Person" means an individual, partnership, unincorporated
business organization or association, political action committee,
political contributing entity, separate segregated fund, association,
or other organization or group of persons, but not a labor
organization or a corporation unless the labor organization or
corporation is a political contributing entity.

(b)
"Advocating" means any communication containing a message
advocating election or defeat.

(c)
"Identified candidate" means that the name of the candidate
appears, a photograph or drawing of the candidate appears, or the
identity of the candidate is otherwise apparent by unambiguous
reference.

(d)
"Made in coordination, cooperation, or consultation with, or at
the request or suggestion of, any candidate or the campaign committee
or agent of the candidate" means made pursuant to any
arrangement, coordination, or direction by the candidate, the
candidate's campaign committee, or the candidate's agent prior to the
publication, distribution, display, or broadcast of the
communication. An expenditure is presumed to be so made when it is
any of the following:

(i)
Based on information about the candidate's plans, projects, or needs
provided to the person making the expenditure by the candidate, or by
the candidate's campaign committee or agent, with a view toward
having an expenditure made;

(ii)
Made by or through any person who is, or has been, authorized to
raise or expend funds, who is, or has been, an officer of the
candidate's campaign committee, or who is, or has been, receiving any
form of compensation or reimbursement from the candidate or the
candidate's campaign committee or agent;

(iii)
Except as otherwise provided in division (D) of section 3517.105 of
the Revised Code, made by a political party in support of a
candidate, unless the expenditure is made by a political party to
conduct voter registration or voter education efforts.

(e)
"Agent" means any person who has actual oral or written
authority, either express or implied, to make or to authorize the
making of expenditures on behalf of a candidate, or means any person
who has been placed in a position with the candidate's campaign
committee or organization such that it would reasonably appear that
in the ordinary course of campaign-related activities the person may
authorize expenditures.

(18)
"Labor organization" means a labor union; an employee
organization; a federation of labor unions, groups, locals, or other
employee organizations; an auxiliary of a labor union, employee
organization, or federation of labor unions, groups, locals, or other
employee organizations; or any other bona fide organization in which
employees participate and that exists for the purpose, in whole or in
part, of dealing with employers concerning grievances, labor
disputes, wages, hours, and other terms and conditions of employment.

(19)
"Separate segregated fund" means a separate segregated fund
established pursuant to the Federal Election Campaign Act.

(20)
"Federal Election Campaign Act" means the "Federal
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et
seq., as amended.

(21)
"Restricted fund" means the fund a state or county
political party must establish under division (A)(1) of section
3517.1012 of the Revised Code.

(22)
"Electioneering communication" has the same meaning as in
section 3517.1011 of the Revised Code.

(23)
"Express advocacy" means a communication that contains
express words advocating the nomination, election, or defeat of a
candidate or that contains express words advocating the adoption or
defeat of a question or issue, as determined by a final judgment of a
court of competent jurisdiction.

(24)
"Political committee" has the same meaning as in section
3517.1011 of the Revised Code.

(25)
"Political contributing entity" means any entity, including
a corporation or labor organization, that may lawfully make
contributions and expenditures and that is not an individual or a
political action committee, continuing association, campaign
committee, political party, legislative campaign fund, designated
state campaign committee, or state candidate fund. For purposes of
this division, "lawfully" means not prohibited by any
section of the Revised Code, or authorized by a final judgment of a
court of competent jurisdiction.

(26)
"Internet identifier of record" has the same meaning as in
section 9.312 of the Revised Code.

Sec.
3517.08.
(A)
The personal expenses of a candidate paid for by the candidate, from
the candidate's personal funds, shall not be considered as a
contribution by or an expenditure by the candidate and shall not be
reported under section 3517.10 of the Revised Code.

(B)(1)
An expenditure by a political action committee or a political
contributing entity shall not be considered a contribution by the
political action committee or the political contributing entity or an
expenditure by or on behalf of the candidate if the purpose of the
expenditure is to inform only its members by means of mailed
publications of its activities or endorsements.

(2)
An expenditure by a political party shall not be considered a
contribution by the political party or an expenditure by or on behalf
of the candidate if the purpose of the expenditure is to inform
predominantly the party's members by means of mailed publications or
other direct communication of its activities or endorsements, or for
voter contact such as sample ballots, absent voter's ballots
application mailings, voter registration, or get-out-the-vote
activities.

(C)
An expenditure by a continuing association, political contributing
entity, or political party shall not be considered a contribution to
any campaign committee or an expenditure by or on behalf of any
campaign committee if the purpose of the expenditure is for the staff
and maintenance of the continuing association's, political
contributing entity's, or political party's headquarters, or for a
political poll, survey, index, or other type of measurement not on
behalf of a specific candidate.

(D)
The expenses of maintaining a constituent office paid for, from the
candidate's personal funds, by a candidate who is a member of the
general assembly at the time of the election shall not be considered
a contribution by or an expenditure by or on behalf of the candidate,
and shall not be reported, if the constituent office is not used for
any candidate's campaign activities.

(E)
The net contribution of each social or fund-raising activity shall be
calculated by totaling all contributions to the activity minus the
expenditures made for the activity.

(F)
An expenditure that purchases goods or services shall be attributed
to an election when the disbursement of funds is made, rather than at
the time the goods or services are used. The secretary of state,
under the procedures of Chapter 119. of the Revised Code, shall
establish rules for the attribution of expenditures to a candidate
when the candidate is a candidate for more than one office during a
reporting period and for expenditures made in a year in which no
election is held. The secretary of state shall further define by rule
those expenditures that are or are not by or on behalf of a
candidate.

(G)
An expenditure for the purpose of a charitable donation may be made
if it is made to an organization that is exempt from federal income
taxation under subsection 501(a) and described in subsection
501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the
Internal Revenue Code or is approved by advisory opinion of the Ohio

elections

election
integrity
commission
as a legitimate charitable organization. Each expenditure under this
division shall be separately itemized on statements made pursuant to
section 3517.10 of the Revised Code.

Sec.
3517.081.
(A)
Each candidate shall have no more than one campaign committee for
purposes of receiving contributions and making expenditures. No
campaign committee shall receive any contribution or make any
expenditure other than through the campaign treasurer. The campaign
treasurer shall file all statements required of a candidate or
campaign committee under section 3517.10 of the Revised Code.

The
candidate shall designate the candidate or a member of the
candidate's campaign committee as the candidate's campaign treasurer
as required by division (D) of section 3517.10 of the Revised Code.
The campaign treasurer may appoint deputy campaign treasurers as
required. Deputy campaign treasurers may exercise any of the powers
and duties of a campaign treasurer when specifically authorized to do
so by the campaign treasurer or the candidate.

Each
candidate shall file a written statement, as required by division (D)
of section 3517.10 of the Revised Code, setting forth the full name
and address of the campaign treasurer and also of each deputy
treasurer. Each candidate shall file supplemental statements giving
the full name and address of each deputy treasurer at the time of
appointment.

A
candidate may remove the campaign treasurer or any deputy campaign
treasurer at any time. In the case of death, resignation, or removal
of the treasurer or deputy treasurer before compliance with all
obligations of a campaign treasurer, the candidate shall fill the
vacancy thus created in the same manner as provided in the case of an
original appointment.

(B)(1)
Two or more candidates may be the beneficiaries of a single campaign
committee if all of the following apply:

(a)
Each candidate is seeking nomination or election to the same office
at the same election.

(b)
The office for which each candidate is seeking nomination or election
is the office of member of a board, commission, or other similar body
of elected officials to which multiple members are nominated or
elected at the same election.

(c)
The number of candidates who will be the beneficiaries of the
campaign committee does not exceed the number of open positions on
the board, commission, or other similar body of elected officials to
which the candidates are seeking nomination or election.

(d)
The candidates jointly designate one of the candidates or one member
of the campaign committee as the treasurer of that campaign committee
as required under division (A) of this section.

(e)
The candidates jointly file the written statements required under
division (A) of this section.

(2)
Except as otherwise provided in this division, any penalty that may
be imposed on a candidate
under
section 3517.992 of the Revised Code
for
a violation of this chapter shall be imposed jointly and severally on
each beneficiary of a multi-beneficiary campaign committee. If the

Ohio
elections commission or the appropriate prosecutor
trier
of fact
is
able to determine that a specific beneficiary of a multi-beneficiary
campaign committee violated this chapter, the applicable penalty

under
section 3517.992 of the Revised Code
shall
be imposed only on that candidate and not on the other beneficiaries
of that multi-beneficiary campaign committee.

(3)(a)
If any of the following occur after a multi-beneficiary campaign
committee is established, that campaign committee shall be
terminated:

(i)
The beneficiaries of the campaign committee disagree as to the
designation or removal of a campaign treasurer.

(ii)
Any beneficiary of the campaign committee desires to end the
beneficiary's candidacy for the office for which the beneficiaries
are seeking nomination or election.

(iii)
Any beneficiary of the campaign committee desires to form an
individual campaign committee.

(b)
Prior to the termination of a multi-beneficiary campaign committee in
accordance with division (B)(3)(a) of this section, any contributions
received by that campaign committee that have not been expended shall
be disposed of in the manner provided in division (C) of section
3517.109 of the Revised Code. No contributions from the
multi-beneficiary campaign committee shall be contributed or
transferred into any candidate's individual campaign committee.

(4)
No candidate who has a campaign committee for which that candidate is
the sole beneficiary shall become the beneficiary of a campaign
committee with multiple beneficiaries under division (B)(1) of this
section unless the candidate first terminates the candidate's
individual campaign committee. Prior to the termination of that
individual campaign committee, any contributions received by that
campaign committee that have not been expended shall be disposed of
in the manner provided in division (C) of section 3517.109 of the
Revised Code. No contributions from the candidate's individual
campaign committee shall be contributed or transferred into the
multi-beneficiary campaign committee.

Sec.
3517.092.
(A)
As used in this section:

(1)
"Appointing authority" has the same meaning as in section
124.01 of the Revised Code.

(2)
"State elected officer" means any person appointed or
elected to a state elective office.

(3)
"State elective office" means any of the offices of
governor, lieutenant governor, secretary of state, auditor of state,
treasurer of state, attorney general,
member
of the state board of education,

member of the general assembly, and justice and chief justice of the
supreme court.

(4)
"Contribution" includes a contribution to any political
party, campaign committee, political action committee, political
contributing entity, or legislative campaign fund.

(B)(1)
No state elected officer, no campaign committee of such an officer,
no employee of the state elected officer's office, and no other
person or entity shall knowingly solicit a contribution to a state
elected officer or to such an officer's campaign committee, and no
state elected officer and no campaign committee of such an officer
shall accept a contribution, from any of the following:

(a)
A state employee whose appointing authority is the state elected
officer;

(b)
A state employee whose appointing authority is authorized or required
by law to be appointed by the state elected officer;

(c)
A state employee who functions in or is employed in or by the same
public agency, department, division, or office as the state elected
officer.

(2)
No candidate for a state elective office, no campaign committee of
such a candidate, no employee of the candidate's office if the
candidate is a state elected officer or an elected officer of a
political subdivision of the state, and no other person or entity
shall knowingly solicit a contribution to a candidate for a state
elective office or to such a candidate's campaign committee, and no
candidate for a state elective office and no campaign committee of
such a candidate shall accept a contribution, from any of the
following:

(a)
A state employee at the time of the solicitation, whose appointing
authority will be the candidate, if elected;

(b)
A state employee at the time of the solicitation, whose appointing
authority will be appointed by the candidate, if elected, as
authorized or required by law;

(c)
A state employee at the time of the solicitation, who will function
in or be employed in or by the same public agency, department,
division, or office as the candidate, if elected.

(C)(1)
No elected officer of a political subdivision of the state, no
campaign committee of such an officer, no employee of such an
officer's office, and no other person or entity shall knowingly
solicit a contribution to an elected officer of a political
subdivision of the state or to such an officer's campaign committee
from any of the following:

(a)
An employee of that political subdivision whose appointing authority
is that elected officer;

(b)
An employee of that political subdivision whose appointing authority
is authorized or required by law to be appointed by that elected
officer;

(c)
An employee of that political subdivision who functions in or is
employed in or by the same public agency, department, division, or
office as that elected officer.

(2)
No candidate for an elective office of a political subdivision of the
state, no campaign committee of such a candidate, no employee of the
candidate's office if the candidate is a state elected officer or
elected officer of a political subdivision of the state, and no other
person or entity shall knowingly solicit a contribution to a
candidate for an elective office of a political subdivision of the
state or to such a candidate's campaign committee from any of the
following:

(a)
An employee of that political subdivision at the time of the
solicitation, whose appointing authority will be the candidate, if
elected;

(b)
An employee of that political subdivision at the time of the
solicitation, whose appointing authority will be appointed by the
candidate, if elected, as authorized or required by law;

(c)
An employee of that political subdivision at the time of the
solicitation, who will function in or be employed in or by the same
public agency, department, division, or office as the candidate, if
elected.

(D)(1)
No public employee shall solicit a contribution from any person while
the public employee is performing the public employee's official
duties or in those areas of a public building where official business
is transacted or conducted.

(2)
No person shall solicit a contribution from any public employee while
the public employee is performing the public employee's official
duties or is in those areas of a public building where official
business is transacted or conducted.

(3)
As used in division (D) of this section, "public employee"
does not include any person holding an elective office.

(E)
The prohibitions in divisions (B), (C), and (D) of this section are
in addition to the prohibitions in sections 124.57, 3304.22, and
4503.032 of the Revised Code.

Sec.
3517.10.
(A)
Except as otherwise provided in this division, every campaign
committee, political action committee, legislative campaign fund,
political party, and political contributing entity that made or
received a contribution or made an expenditure in connection with the
nomination or election of any candidate or in connection with any
ballot issue or question at any election held or to be held in this
state shall file, on a form prescribed under this section or by
electronic means of transmission as provided in this section and
section 3517.106 of the Revised Code, a full, true, and itemized
statement, made under penalty of election falsification, setting
forth in detail the contributions and expenditures, not later than
four p.m. of the following dates:

(1)
The twelfth day before the election to reflect contributions received
and expenditures made from the close of business on the last day
reflected in the last previously filed statement, if any, to the
close of business on the twentieth day before the election;

(2)
The thirty-eighth day after the election to reflect the contributions
received and expenditures made from the close of business on the last
day reflected in the last previously filed statement, if any, to the
close of business on the seventh day before the filing of the
statement;

(3)
The last business day of January of every year to reflect the
contributions received and expenditures made from the close of
business on the last day reflected in the last previously filed
statement, if any, to the close of business on the last day of
December of the previous year;

(4)
The last business day of July of every year to reflect the
contributions received and expenditures made from the close of
business on the last day reflected in the last previously filed
statement, if any, to the close of business on the last day of June
of that year.

A
campaign committee shall only be required to file the statements
prescribed under divisions (A)(1) and (2) of this section in
connection with the nomination or election of the committee's
candidate.

The
statement required under division (A)(1) of this section shall not be
required of any campaign committee, political action committee,
legislative campaign fund, political party, or political contributing
entity that has received contributions of less than one thousand
dollars and has made expenditures of less than one thousand dollars
at the close of business on the twentieth day before the election.
Those contributions and expenditures shall be reported in the
statement required under division (A)(2) of this section.

If
an election to select candidates to appear on the general election
ballot is held within sixty days before a general election, the
campaign committee of a successful candidate in the earlier election
may file the statement required by division (A)(1) of this section
for the general election instead of the statement required by
division (A)(2) of this section for the earlier election if the
pregeneral election statement reflects the status of contributions
and expenditures for the period twenty days before the earlier
election to twenty days before the general election.

If
a person becomes a candidate less than twenty days before an
election, the candidate's campaign committee is not required to file
the statement required by division (A)(1) of this section.

No
statement under division (A)(3) of this section shall be required for
any year in which a campaign committee, political action committee,
legislative campaign fund, political party, or political contributing
entity is required to file a postgeneral election statement under
division (A)(2) of this section. However, a statement under division
(A)(3) of this section may be filed, at the option of the campaign
committee, political action committee, legislative campaign fund,
political party, or political contributing entity.

No
campaign committee of a candidate for the office of chief justice or
justice of the supreme court, and no campaign committee of a
candidate for the office of judge of any court in this state, shall
be required to file a statement under division (A)(4) of this
section.

Except
as otherwise provided in this paragraph and in the next paragraph of
this section, the only campaign committees required to file a
statement under division (A)(4) of this section are the campaign
committee of a statewide candidate and the campaign committee of a
candidate for county office. The campaign committee of a candidate
for any other nonjudicial office is required to file a statement
under division (A)(4) of this section if that campaign committee
receives, during that period, contributions exceeding ten thousand
dollars.

No
statement under division (A)(4) of this section shall be required of
a campaign committee, a political action committee, a legislative
campaign fund, a political party, or a political contributing entity
for any year in which the campaign committee, political action
committee, legislative campaign fund, political party, or political
contributing entity is required to file a postprimary election
statement under division (A)(2) of this section. However, a statement
under division (A)(4) of this section may be filed at the option of
the campaign committee, political action committee, legislative
campaign fund, political party, or political contributing entity.

No
statement under division (A)(3) or (4) of this section shall be
required if the campaign committee, political action committee,
legislative campaign fund, political party, or political contributing
entity has no contributions that it has received and no expenditures
that it has made since the last date reflected in its last previously
filed statement. However, the campaign committee, political action
committee, legislative campaign fund, political party, or political
contributing entity shall file a statement to that effect, on a form
prescribed under this section and made under penalty of election
falsification, on the date required in division (A)(3) or (4) of this
section, as applicable.

The
campaign committee of a statewide candidate shall file a monthly
statement of contributions received during each of the months of
July, August, and September in the year of the general election in
which the candidate seeks office. The campaign committee of a
statewide candidate shall file the monthly statement not later than
three business days after the last day of the month covered by the
statement. During the period beginning on the nineteenth day before
the general election in which a statewide candidate seeks election to
office and extending through the day of that general election, each
time the campaign committee of the joint candidates for the offices
of governor and lieutenant governor or of a candidate for the office
of secretary of state, auditor of state, treasurer of state, or
attorney general receives a contribution from a contributor that
causes the aggregate amount of contributions received from that
contributor during that period to equal or exceed ten thousand
dollars and each time the campaign committee of a candidate for the
office of chief justice or justice of the supreme court receives a
contribution from a contributor that causes the aggregate amount of
contributions received from that contributor during that period to
exceed ten thousand dollars, the campaign committee shall file a
two-business-day statement reflecting that contribution.
Contributions reported on a two-business-day statement required to be
filed by a campaign committee of a statewide candidate in a primary
election shall also be included in the postprimary election statement
required to be filed by that campaign committee under division (A)(2)
of this section. A two-business-day statement required by this
paragraph shall be filed not later than two business days after
receipt of the contribution. The statements required by this
paragraph shall be filed in addition to any other statements required
by this section.

Subject
to the secretary of state having implemented, tested, and verified
the successful operation of any system the secretary of state
prescribes pursuant to divisions (C)(6)(b) and (D)(6) of this section
and division (F)(1) of section 3517.106 of the Revised Code for the
filing of campaign finance statements by electronic means of
transmission, a campaign committee of a statewide candidate shall
file a two-business-day statement under the preceding paragraph by
electronic means of transmission if the campaign committee is
required to file a pre-election, postelection, or monthly statement
of contributions and expenditures by electronic means of transmission
under this section or section 3517.106 of the Revised Code.

If
a campaign committee or political action committee has no balance on
hand and no outstanding obligations and desires to terminate itself,
it shall file a statement to that effect, on a form prescribed under
this section and made under penalty of election falsification, with
the official with whom it files a statement under division (A) of
this section after filing a final statement of contributions and a
final statement of expenditures, if contributions have been received
or expenditures made since the period reflected in its last
previously filed statement.

(B)
Except as otherwise provided in division (C)(7) of this section, each
statement required by division (A) of this section shall contain the
following information:

(1)
The full name and address of each campaign committee, political
action committee, legislative campaign fund, political party, or
political contributing entity, including any treasurer of the
committee, fund, party, or entity, filing a contribution and
expenditure statement;

(2)(a)
In the case of a campaign committee, the candidate's full name and
address;

(b)
In the case of a political action committee, the registration number
assigned to the committee under division (D)(1) of this section.

(3)
The date of the election and whether it was or will be a general,
primary, or special election;

(4)
A statement of contributions received, which shall include the
following information:

(a)
The month, day, and year of the contribution;

(b)(i)
The full name and address of each person, political party, campaign
committee, legislative campaign fund, political action committee, or
political contributing entity from whom contributions are received
and the registration number assigned to the political action
committee under division (D)(1) of this section. The requirement of
filing the full address does not apply to any statement filed by a
state or local committee of a political party, to a finance committee
of such committee, or to a committee recognized by a state or local
committee as its fund-raising auxiliary. Notwithstanding division (F)
of this section, the requirement of filing the full address shall be
considered as being met if the address filed is the same address the
contributor provided under division (E)(1) of this section.

(ii)
If a political action committee, political contributing entity,
legislative campaign fund, or political party that is required to
file campaign finance statements by electronic means of transmission
under section 3517.106 of the Revised Code or a campaign committee of
a statewide candidate or candidate for the office of member of the
general assembly receives a contribution from an individual that
exceeds one hundred dollars, the name of the individual's current
employer, if any, or, if the individual is self-employed, the
individual's occupation and the name of the individual's business, if
any;

(iii)
If a campaign committee of a statewide candidate or candidate for the
office of member of the general assembly receives a contribution
transmitted pursuant to section 3599.031 of the Revised Code from
amounts deducted from the wages and salaries of two or more employees
that exceeds in the aggregate one hundred dollars during any one
filing period under division (A)(1), (2), (3), or (4) of this
section, the full name of the employees' employer and the full name
of the labor organization of which the employees are members, if any.

(c)
A description of the contribution received, if other than money;

(d)
The value in dollars and cents of the contribution;

(e)
A separately itemized account of all contributions and expenditures
regardless of the amount, except a receipt of a contribution from a
person in the sum of twenty-five dollars or less at one social or
fund-raising activity and a receipt of a contribution transmitted
pursuant to section 3599.031 of the Revised Code from amounts
deducted from the wages and salaries of employees if the contribution
from the amount deducted from the wages and salary of any one
employee is twenty-five dollars or less aggregated in a calendar
year. An account of the total contributions from each social or
fund-raising activity shall include a description of and the value of
each in-kind contribution received at that activity from any person
who made one or more such contributions whose aggregate value
exceeded two hundred fifty dollars and shall be listed separately,
together with the expenses incurred and paid in connection with that
activity. A campaign committee, political action committee,
legislative campaign fund, political party, or political contributing
entity shall keep records of contributions from each person in the
amount of twenty-five dollars or less at one social or fund-raising
activity and contributions from amounts deducted under section
3599.031 of the Revised Code from the wages and salary of each
employee in the amount of twenty-five dollars or less aggregated in a
calendar year. No continuing association that is recognized by a
state or local committee of a political party as an auxiliary of the
party and that makes a contribution from funds derived solely from
regular dues paid by members of the auxiliary shall be required to
list the name or address of any members who paid those dues.

Contributions
that are other income shall be itemized separately from all other
contributions. The information required under division (B)(4) of this
section shall be provided for all other income itemized. As used in
this paragraph, "other income" means a loan, investment
income, or interest income.

(f)
In the case of a campaign committee of a state elected officer, if a
person doing business with the state elected officer in the officer's
official capacity makes a contribution to the campaign committee of
that officer, the information required under division (B)(4) of this
section in regard to that contribution, which shall be filed together
with and considered a part of the committee's statement of
contributions as required under division (A) of this section but
shall be filed on a separate form provided by the secretary of state.
As used in this division:

(i)
"State elected officer" has the same meaning as in section
3517.092 of the Revised Code.

(ii)
"Person doing business" means a person or an officer of an
entity who enters into one or more contracts with a state elected
officer or anyone authorized to enter into contracts on behalf of
that officer to receive payments for goods or services, if the
payments total, in the aggregate, more than five thousand dollars
during a calendar year.

(5)
A statement of expenditures which shall include the following
information:

(a)
The month, day, and year of the expenditure;

(b)
The full name and address of each person, political party, campaign
committee, legislative campaign fund, political action committee, or
political contributing entity to whom the expenditure was made and
the registration number assigned to the political action committee
under division (D)(1) of this section;

(c)
The object or purpose for which the expenditure was made;

(d)
The amount of each expenditure.

(C)(1)
The statement of contributions and expenditures shall be signed by
the person completing the form. If a statement of contributions and
expenditures is filed by electronic means of transmission pursuant to
this section or section 3517.106 of the Revised Code, the electronic
signature of the person who executes the statement and transmits the
statement by electronic means of transmission, as provided in
division (F) of section 3517.106 of the Revised Code, shall be
attached to or associated with the statement and shall be binding on
all persons and for all purposes under the campaign finance reporting
law as if the signature had been handwritten in ink on a printed
form.

(2)
The person filing the statement, under penalty of election
falsification, shall include with it a list of each anonymous
contribution, the circumstances under which it was received, and the
reason it cannot be attributed to a specific donor.

(3)
Each statement of a campaign committee of a candidate who holds
public office shall contain a designation of each contributor who is
an employee in any unit or department under the candidate's direct
supervision and control. In a space provided in the statement, the
person filing the statement shall affirm that each such contribution
was voluntarily made.

(4)
A campaign committee that did not receive contributions or make
expenditures in connection with the nomination or election of its
candidate shall file a statement to that effect, on a form prescribed
under this section and made under penalty of election falsification,
on the date required in division (A)(2) of this section.

(5)
The campaign committee of any person who attempts to become a
candidate and who, for any reason, does not become certified in
accordance with Title XXXV of the Revised Code for placement on the
official ballot of a primary, general, or special election to be held
in this state, and who, at any time prior to or after an election,
receives contributions or makes expenditures, or has given consent
for another to receive contributions or make expenditures, for the
purpose of bringing about the person's nomination or election to
public office, shall file the statement or statements prescribed by
this section and a termination statement, if applicable. Division
(C)(5) of this section does not apply to any person with respect to
an election to the offices of member of a county or state central
committee, presidential elector, or delegate to a national convention
or conference of a political party.

(6)(a)
The statements required to be filed under this section shall specify
the balance in the hands of the campaign committee, political action
committee, legislative campaign fund, political party, or political
contributing entity and the disposition intended to be made of that
balance.

(b)
The secretary of state shall prescribe the form for all statements
required to be filed under this section and shall furnish the forms
to the boards of elections in the several counties. The boards of
elections shall supply printed copies of those forms without charge.
The secretary of state shall prescribe the appropriate methodology,
protocol, and data file structure for statements required or
permitted to be filed by electronic means of transmission to the
secretary of state or a board of elections under division (A) of this
section, division (E) of section 3517.106, division (D) of section
3517.1011, division (B) of section 3517.1012, division (C) of section
3517.1013, and divisions (D) and (I) of section 3517.1014 of the
Revised Code. Subject to division (A) of this section, division (E)
of section 3517.106, division (D) of section 3517.1011, division (B)
of section 3517.1012, division (C) of section 3517.1013, and
divisions (D) and (I) of section 3517.1014 of the Revised Code, the
statements required to be stored on computer by the secretary of
state under division (B) of section 3517.106 of the Revised Code
shall be filed in whatever format the secretary of state considers
necessary to enable the secretary of state to store the information
contained in the statements on computer. Any such format shall be of
a type and nature that is readily available to whoever is required to
file the statements in that format.

(c)
The secretary of state shall assess the need for training regarding
the filing of campaign finance statements by electronic means of
transmission and regarding associated technologies for candidates,
campaign committees, political action committees, legislative
campaign funds, political parties, or political contributing
entities, for individuals, partnerships, or other entities, for
persons making disbursements to pay the direct costs of producing or
airing electioneering communications, or for treasurers of transition
funds, required or permitted to file statements by electronic means
of transmission under this section or section 3517.105, 3517.106,
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code.
If, in the opinion of the secretary of state, training in these areas
is necessary, the secretary of state shall arrange for the provision
of voluntary training programs for candidates, campaign committees,
political action committees, legislative campaign funds, political
parties, or political contributing entities, for individuals,
partnerships, and other entities, for persons making disbursements to
pay the direct costs of producing or airing electioneering
communications, or for treasurers of transition funds, as
appropriate.

(7)
Each monthly statement and each two-business-day statement required
by division (A) of this section shall contain the information
required by divisions (B)(1) to (4), (C)(2), and, if appropriate,
(C)(3) of this section. Each statement shall be signed as required by
division (C)(1) of this section.

(D)(1)(a)
Prior to receiving a contribution or making an expenditure, every
campaign committee, political action committee, legislative campaign
fund, political party, or political contributing entity shall appoint
a treasurer and shall file, on a form prescribed by the secretary of
state, a designation of that appointment, including the full name and
address of the treasurer and of the campaign committee, political
action committee, legislative campaign fund, political party, or
political contributing entity. That designation shall be filed with
the official with whom the campaign committee, political action
committee, legislative campaign fund, political party, or political
contributing entity is required to file statements under section
3517.11 of the Revised Code. The name of a campaign committee shall
include at least the last name of the campaign committee's candidate.
If two or more candidates are the beneficiaries of a single campaign
committee under division (B) of section 3517.081 of the Revised Code,
the name of the campaign committee shall include at least the last
name of each candidate who is a beneficiary of that campaign
committee. The secretary of state shall assign a registration number
to each political action committee that files a designation of the
appointment of a treasurer under this division if the political
action committee is required by division (A)(1) of section 3517.11 of
the Revised Code to file the statements prescribed by this section
with the secretary of state.

(b)
The secretary of state shall not accept for filing a designation of
treasurer of a political action committee or political contributing
entity if, in the opinion of the secretary of state, the name of the
political action committee or political contributing entity would
lead a reasonable person to believe that the political action
committee or political contributing entity acts on behalf of or
represents a county political party, unless the designation is
accompanied by a written statement, signed by the chairperson of the
county political party's executive committee, granting the political
action committee or political contributing entity permission to act
on behalf of or represent the county political party.

(2)
The treasurer appointed under division (D)(1) of this section shall
keep a strict account of all contributions, from whom received and
the purpose for which they were disbursed.

(3)(a)
Except as otherwise provided in section 3517.108 of the Revised Code,
a campaign committee shall deposit all monetary contributions
received by the committee into an account separate from a personal or
business account of the candidate or campaign committee.

(b)
A political action committee shall deposit all monetary contributions
received by the committee into an account separate from all other
funds.

(c)
A state or county political party may establish a state candidate
fund that is separate from all other funds. A state or county
political party may deposit into its state candidate fund any amounts
of monetary contributions that are made to or accepted by the
political party subject to the applicable limitations, if any,
prescribed in section 3517.102 of the Revised Code. A state or county
political party shall deposit all other monetary contributions
received by the party into one or more accounts that are separate
from its state candidate fund.

(d)
Each state political party shall have only one legislative campaign
fund for each house of the general assembly. Each such fund shall be
separate from any other funds or accounts of that state party. A
legislative campaign fund is authorized to receive contributions and
make expenditures for the primary purpose of furthering the election
of candidates who are members of that political party to the house of
the general assembly with which that legislative campaign fund is
associated. Each legislative campaign fund shall be administered and
controlled in a manner designated by the caucus. As used in this
division, "caucus" has the same meaning as in section
3517.01 of the Revised Code and includes, as an ex officio member,
the chairperson of the state political party with which the caucus is
associated or that chairperson's designee.

(4)
Every expenditure in excess of twenty-five dollars shall be vouched
for by a receipted bill, stating the purpose of the expenditure, that
shall be filed with the statement of expenditures. A canceled check
with a notation of the purpose of the expenditure is a receipted bill
for purposes of division (D)(4) of this section.

(5)
The secretary of state or the board of elections, as the case may be,
shall issue a receipt for each statement filed under this section and
shall preserve a copy of the receipt for a period of at least six
years. All statements filed under this section shall be open to
public inspection in the office where they are filed and shall be
carefully preserved for a period of at least six years after the year
in which they are filed.

(6)
The secretary of state, by rule adopted pursuant to section 3517.23
of the Revised Code, shall prescribe both of the following:

(a)
The manner of immediately acknowledging, with date and time received,
and preserving the receipt of statements that are transmitted by
electronic means of transmission to the secretary of state or a board
of elections pursuant to this section or section 3517.106, 3517.1011,
3517.1012, 3517.1013, or 3517.1014 of the Revised Code;

(b)
The manner of preserving the contribution and expenditure,
contribution and disbursement, deposit and disbursement, gift and
disbursement, or donation and disbursement information in the
statements described in division (D)(6)(a) of this section. The
secretary of state shall preserve the contribution and expenditure,
contribution and disbursement, deposit and disbursement, gift and
disbursement, or donation and disbursement information in those
statements for at least ten years after the year in which they are
filed by electronic means of transmission.

(7)(a)
The secretary of state, pursuant to division (G) of section 3517.106
of the Revised Code, shall make available online to the public
through the internet the contribution and expenditure, contribution
and disbursement, deposit and disbursement, gift and disbursement, or
donation and disbursement information in all of the following
documents:

(i)
All statements, all addenda, amendments, or other corrections to
statements, and all amended statements filed with the secretary of
state by electronic or other means of transmission under this
section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or
section 3517.106, 3517.1011, 3517.1012, 3517.1013, 3517.1014, or
3517.11 of the Revised Code;

(ii)
All statements filed with a board of elections by electronic means of
transmission, and all addenda, amendments, corrections, and amended
versions of those statements, filed with the board under this
section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or
section 3517.106, 3517.1012, or 3517.11 of the Revised Code.

(b)
The secretary of state may remove the information from the internet
after a reasonable period of time.

(E)(1)
Any person, political party, campaign committee, legislative campaign
fund, political action committee, or political contributing entity
that makes a contribution in connection with the nomination or
election of any candidate or in connection with any ballot issue or
question at any election held or to be held in this state shall
provide its full name and address to the recipient of the
contribution at the time the contribution is made. The political
action committee also shall provide the registration number assigned
to the committee under division (D)(1) of this section to the
recipient of the contribution at the time the contribution is made.

(2)
Any individual who makes a contribution that exceeds one hundred
dollars to a political action committee, political contributing
entity, legislative campaign fund, or political party or to a
campaign committee of a statewide candidate or candidate for the
office of member of the general assembly shall provide the name of
the individual's current employer, if any, or, if the individual is
self-employed, the individual's occupation and the name of the
individual's business, if any, to the recipient of the contribution
at the time the contribution is made. Sections 3599.39 and 3599.40 of
the Revised Code do not apply to division (E)(2) of this section.

(3)
If a campaign committee shows that it has exercised its best efforts
to obtain, maintain, and submit the information required under
divisions (B)(4)(b)(ii) and (iii) of this section, that committee is
considered to have met the requirements of those divisions. A
campaign committee shall not be considered to have exercised its best
efforts unless, in connection with written solicitations, it
regularly includes a written request for the information required
under division (B)(4)(b)(ii) of this section from the contributor or
the information required under division (B)(4)(b)(iii) of this
section from whoever transmits the contribution.

(4)
Any check that a political action committee uses to make a
contribution or an expenditure shall contain the full name and
address of the committee and the registration number assigned to the
committee under division (D)(1) of this section.

(F)
As used in this section:

(1)(a)
Except as otherwise provided in division (F)(1) of this section,
"address" means all of the following if they exist:
apartment number, street, road, or highway name and number, rural
delivery route number, city or village, state, and zip code as used
in a person's post-office address, but not post-office box.

(b)
Except as otherwise provided in division (F)(1) of this section, if
an address is required in this section, a post-office box and office,
room, or suite number may be included in addition to, but not in lieu
of, an apartment, street, road, or highway name and number.

(c)
If an address is required in this section, a campaign committee,
political action committee, legislative campaign fund, political
party, or political contributing entity may use the business or
residence address of its treasurer or deputy treasurer. The
post-office box number of the campaign committee, political action
committee, legislative campaign fund, political party, or political
contributing entity may be used in addition to that address.

(d)
For the sole purpose of a campaign committee's reporting of
contributions on a statement of contributions received under division
(B)(4) of this section, "address" has one of the following
meanings at the option of the campaign committee:

(i)
The same meaning as in division (F)(1)(a) of this section;

(ii)
All of the following, if they exist: the contributor's post-office
box number and city or village, state, and zip code as used in the
contributor's post-office address.

(e)
As used with regard to the reporting under this section of any
expenditure, "address" means all of the following if they
exist: apartment number, street, road, or highway name and number,
rural delivery route number, city or village, state, and zip code as
used in a person's post-office address, or post-office box. If an
address concerning any expenditure is required in this section, a
campaign committee, political action committee, legislative campaign
fund, political party, or political contributing entity may use the
business or residence address of its treasurer or deputy treasurer or
its post-office box number.

(2)
"Statewide candidate" means the joint candidates for the
offices of governor and lieutenant governor or a candidate for the
office of secretary of state, auditor of state, treasurer of state,
attorney general,
member
of the state board of education,
chief
justice of the supreme court, or justice of the supreme court.

(3)
"Candidate for county office" means a candidate for the
office of county auditor, county treasurer, clerk of the court of
common pleas, judge of the court of common pleas, sheriff, county
recorder, county engineer, county commissioner, prosecuting attorney,
or coroner.

(G)
An independent expenditure shall be reported whenever and in the same
manner that an expenditure is required to be reported under this
section and shall be reported pursuant to division (B)(2)(a) or
(C)(2)(a) of section 3517.105 of the Revised Code.

(H)(1)
Except as otherwise provided in division (H)(2) of this section, if,
during the combined pre-election and postelection reporting periods
for an election, a campaign committee has received contributions of
five hundred dollars or less and has made expenditures in the total
amount of five hundred dollars or less, it may file a statement to
that effect, under penalty of election falsification, in lieu of the
statement required by division (A)(2) of this section. The statement
shall indicate the total amount of contributions received and the
total amount of expenditures made during those combined reporting
periods.

(2)
In the case of a successful candidate at a primary election, if
either the total contributions received by or the total expenditures
made by the candidate's campaign committee during the preprimary,
postprimary, pregeneral, and postgeneral election periods combined
equal more than five hundred dollars, the campaign committee may file
the statement under division (H)(1) of this section only for the
primary election. The first statement that the campaign committee
files in regard to the general election shall reflect all
contributions received and all expenditures made during the
preprimary and postprimary election periods.

(3)
Divisions (H)(1) and (2) of this section do not apply if a campaign
committee receives contributions or makes expenditures prior to the
first day of January of the year of the election at which the
candidate seeks nomination or election to office or if the campaign
committee does not file a termination statement with its postprimary
election statement in the case of an unsuccessful primary election
candidate or with its postgeneral election statement in the case of
other candidates.

(I)
In the case of a contribution made by a partner of a partnership or
an owner or a member of another unincorporated business from any
funds of the partnership or other unincorporated business, all of the
following apply:

(1)
The recipient of the contribution shall report the contribution by
listing both the partnership or other unincorporated business and the
name of the partner, owner, or member making the contribution.

(2)
In reporting the contribution, the recipient of the contribution
shall be entitled to conclusively rely upon the information provided
by the partnership or other unincorporated business, provided that
the information includes one of the following:

(a)
The name of each partner, owner, or member as of the date of the
contribution or contributions, and a statement that the total
contributions are to be allocated equally among all of the partners,
owners, or members; or

(b)
The name of each partner, owner, or member as of the date of the
contribution or contributions who is participating in the
contribution or contributions, and a statement that the contribution
or contributions are to be allocated to those individuals in
accordance with the information provided by the partnership or other
unincorporated business to the recipient of the contribution.

(3)
For purposes of section 3517.102 of the Revised Code, the
contribution shall be considered to have been made by the partner,
owner, or member reported under division (I)(1) of this section.

(4)
No contribution from a partner of a partnership or an owner or a
member of another unincorporated business shall be accepted from any
funds of the partnership or other unincorporated business unless the
recipient reports the contribution under division (I)(1) of this
section together with the information provided under division (I)(2)
of this section.

(5)
No partnership or other unincorporated business shall make a
contribution or contributions solely in the name of the partnership
or other unincorporated business.

(6)
As used in division (I) of this section, "partnership or other
unincorporated business" includes, but is not limited to, a
cooperative, a sole proprietorship, a general partnership, a limited
partnership, a limited partnership association, a limited liability
partnership, and a limited liability company.

(J)
A candidate shall have only one campaign committee at any given time
for all of the offices for which the person is a candidate or holds
office.

(K)(1)
In addition to filing a designation of appointment of a treasurer
under division (D)(1) of this section, the campaign committee of any
candidate for an elected municipal office that pays an annual amount
of compensation of five thousand dollars or less, the campaign
committee of any candidate for member of a board of education

except
member of the state board of education,

or the campaign committee of any candidate for township trustee or
township fiscal officer may sign, under penalty of election
falsification, a certificate attesting that the committee will not
accept contributions during an election period that exceed in the
aggregate two thousand dollars from all contributors and one hundred
dollars from any one individual, and that the campaign committee will
not make expenditures during an election period that exceed in the
aggregate two thousand dollars.

The
certificate shall be on a form prescribed by the secretary of state
and shall be filed not later than ten days after the candidate files
a declaration of candidacy and petition, a nominating petition, or a
declaration of intent to be a write-in candidate.

(2)
Except as otherwise provided in division (K)(3) of this section, a
campaign committee that files a certificate under division (K)(1) of
this section is not required to file the statements required by
division (A) of this section.

(3)
If, after filing a certificate under division (K)(1) of this section,
a campaign committee exceeds any of the limitations described in that
division during an election period, the certificate is void and
thereafter the campaign committee shall file the statements required
by division (A) of this section. If the campaign committee has not
previously filed a statement, then on the first statement the
campaign committee is required to file under division (A) of this
section after the committee's certificate is void, the committee
shall report all contributions received and expenditures made from
the time the candidate filed the candidate's declaration of candidacy
and petition, nominating petition, or declaration of intent to be a
write-in candidate.

(4)
As used in division (K) of this section, "election period"
means the period of time beginning on the day a person files a
declaration of candidacy and petition, nominating petition, or
declaration of intent to be a write-in candidate through the day of
the election at which the person seeks nomination to office if the
person is not elected to office, or, if the candidate was nominated
in a primary election, the day of the election at which the candidate
seeks office.

(L)
A political contributing entity that receives contributions from the
dues, membership fees, or other assessments of its members or from
its officers, shareholders, and employees may report the aggregate
amount of contributions received from those contributors and the
number of individuals making those contributions, for each filing
period under divisions (A)(1), (2), (3), and (4) of this section,
rather than reporting information as required under division (B)(4)
of this section, including, when applicable, the name of the current
employer, if any, of a contributor whose contribution exceeds one
hundred dollars or, if such a contributor is self-employed, the
contributor's occupation and the name of the contributor's business,
if any. Division (B)(4) of this section applies to a political
contributing entity with regard to contributions it receives from all
other contributors.

Sec.
3517.102.
(A)
Except as otherwise provided in section 3517.103 of the Revised Code,
as used in this section and sections 3517.103 and 3517.104 of the
Revised Code:

(1)
"Candidate" has the same meaning as in section 3517.01 of
the Revised Code but includes only candidates for the offices of
governor, lieutenant governor, secretary of state, auditor of state,
treasurer of state, attorney general,
member
of the state board of education,
member
of the general assembly, chief justice of the supreme court, and
justice of the supreme court.

(2)
"Statewide candidate" or "any one statewide candidate"
means the joint candidates for the offices of governor and lieutenant
governor or a candidate for the office of secretary of state, auditor
of state, treasurer of state, attorney general,
member
of the state board of education,
chief
justice of the supreme court, or justice of the supreme court.

(3)
"Senate candidate" means a candidate for the office of
state senator.

(4)
"House candidate" means a candidate for the office of state
representative.

(5)(a)
"Primary election period" for a candidate begins on the
beginning date of the candidate's pre-filing period specified in
division (A)(9) of section 3517.109 of the Revised Code and ends on
the day of the primary election.

(b)
In regard to any candidate, the "general election period"
begins on the day after the primary election immediately preceding
the general election at which the candidate seeks an office specified
in division (A)(1) of this section and ends on the thirty-first day
of December following that general election.

(6)
"State candidate fund" means the state candidate fund
established by a state or county political party under division
(D)(3)(c) of section 3517.10 of the Revised Code.

(7)
"Postgeneral election statement" means the statement filed
under division (A)(2) of section 3517.10 of the Revised Code by the
campaign committee of a candidate after the general election in which
the candidate ran for office or filed by legislative campaign fund
after the general election in an even-numbered year.

(8)
"Contribution" means any contribution that is required to
be reported in the statement of contributions under section 3517.10
of the Revised Code.

(9)(a)
Except as otherwise provided in division (A)(9)(b) of this section,
"designated state campaign committee" means:

(i)
In the case of contributions to or from a state political party, a
campaign committee of a statewide candidate, statewide officeholder,
senate candidate, house candidate, or member of the general assembly.

(ii)
In the case of contributions to or from a county political party, a
campaign committee of a senate candidate or house candidate whose
candidacy is to be submitted to some or all of the electors in that
county, or member of the general assembly whose district contains all
or part of that county.

(iii)
In the case of contributions to or from a legislative campaign fund,
a campaign committee of any of the following:

(I)
A senate or house candidate who, if elected, will be a member of the
same party that established the legislative campaign fund and the
same house with which the legislative campaign fund is associated;

(II)
A state senator or state representative who is a member of the same
party that established the legislative campaign fund and the same
house with which the legislative campaign fund is associated.

(b)
A campaign committee is no longer a "designated state campaign
committee" after the campaign committee's candidate changes the
designation of treasurer required to be filed under division (D)(1)
of section 3517.10 of the Revised Code to indicate that the person
intends to be a candidate for, or becomes a candidate for nomination
or election to, any office that, if elected, would not qualify that
candidate's campaign committee as a "designated state campaign
committee" under division (A)(9)(a) of this section.

(B)(1)(a)
No individual who is seven years of age or older shall make a
contribution or contributions aggregating more than:

(i)
Ten thousand dollars to the campaign committee of any one statewide
candidate in a primary election period or in a general election
period;

(ii)
Ten thousand dollars to the campaign committee of any one senate
candidate in a primary election period or in a general election
period;

(iii)
Ten thousand dollars to the campaign committee of any one house
candidate in a primary election period or in a general election
period;

(iv)
Ten thousand dollars to a county political party of the county in
which the individual's designated Ohio residence is located for the
party's state candidate fund in a calendar year;

(v)
Fifteen thousand dollars to any one legislative campaign fund in a
calendar year;

(vi)
Thirty thousand dollars to any one state political party for the
party's state candidate fund in a calendar year;

(vii)
Ten thousand dollars to any one political action committee in a
calendar year;

(viii)
Ten thousand dollars to any one political contributing entity in a
calendar year.

(b)
No individual shall make a contribution or contributions to the state
candidate fund of a county political party of any county other than
the county in which the individual's designated Ohio residence is
located.

(c)
No individual who is under seven years of age shall make any
contribution.

(2)(a)
Subject to division (D)(1) of this section, no political action
committee shall make a contribution or contributions aggregating more
than:

(i)
Ten thousand dollars to the campaign committee of any one statewide
candidate in a primary election period or in a general election
period;

(ii)
Ten thousand dollars to the campaign committee of any one senate
candidate in a primary election period or in a general election
period;

(iii)
Ten thousand dollars to the campaign committee of any one house
candidate in a primary election period or in a general election
period;

(iv)
Fifteen thousand dollars to any one legislative campaign fund in a
calendar year;

(v)
Thirty thousand dollars to any one state political party for the
party's state candidate fund in a calendar year;

(vi)
Ten thousand dollars to another political action committee or to a
political contributing entity in a calendar year. This division does
not apply to a political action committee that makes a contribution
to a political action committee or a political contributing entity
affiliated with it. For purposes of this division, a political action
committee is affiliated with another political action committee or
with a political contributing entity if they are both established,
financed, maintained, or controlled by, or if they are, the same
corporation, organization, labor organization, continuing
association, or other person, including any parent, subsidiary,
division, or department of that corporation, organization, labor
organization, continuing association, or other person.

(b)
No political action committee shall make a contribution or
contributions to a county political party for the party's state
candidate fund.

(3)
No campaign committee shall make a contribution or contributions
aggregating more than:

(a)
Ten thousand dollars to the campaign committee of any one statewide
candidate in a primary election period or in a general election
period;

(b)
Ten thousand dollars to the campaign committee of any one senate
candidate in a primary election period or in a general election
period;

(c)
Ten thousand dollars to the campaign committee of any one house
candidate in a primary election period or in a general election
period;

(d)
Ten thousand dollars to any one political action committee in a
calendar year;

(e)
Ten thousand dollars to any one political contributing entity in a
calendar year.

(4)(a)
Subject to division (D)(3) of this section, no political party shall
make a contribution or contributions aggregating more than ten
thousand dollars to any one political action committee or to any one
political contributing entity in a calendar year.

(b)
No county political party shall make a contribution or contributions
to another county political party.

(5)(a)
Subject to division (B)(5)(b) of this section, no campaign committee,
other than a designated state campaign committee, shall make a
contribution or contributions aggregating in a calendar year more
than:

(i)
Thirty thousand dollars to any one state political party for the
party's state candidate fund;

(ii)
Fifteen thousand dollars to any one legislative campaign fund;

(iii)
Ten thousand dollars to any one county political party for the
party's state candidate fund.

(b)
No campaign committee shall make a contribution or contributions to a
county political party for the party's state candidate fund unless
one of the following applies:

(i)
The campaign committee's candidate will appear on a ballot in that
county.

(ii)
The campaign committee's candidate is the holder of an elected public
office that represents all or part of the population of that county
at the time the contribution is made.

(6)(a)
No state candidate fund of a county political party shall make a
contribution or contributions, except a contribution or contributions
to a designated state campaign committee, in a primary election
period or a general election period, aggregating more than:

(i)
Two hundred fifty thousand dollars to the campaign committee of any
one statewide candidate;

(ii)
Ten thousand dollars to the campaign committee of any one senate
candidate;

(iii)
Ten thousand dollars to the campaign committee of any one house
candidate.

(b)(i)
No state candidate fund of a state or county political party shall
make a transfer or a contribution or transfers or contributions of
cash or cash equivalents to a designated state campaign committee in
a primary election period or in a general election period aggregating
more than:

(I)
Five hundred thousand dollars to the campaign committee of any one
statewide candidate;

(II)
One hundred thousand dollars to the campaign committee of any one
senate candidate;

(III)
Fifty thousand dollars to the campaign committee of any one house
candidate.

(ii)
No legislative campaign fund shall make a transfer or a contribution
or transfers or contributions of cash or cash equivalents to a
designated state campaign committee aggregating more than:

(I)
Fifty thousand dollars in a primary election period or one hundred
thousand dollars in a general election period to the campaign
committee of any one senate candidate;

(II)
Twenty-five thousand dollars in a primary election period or fifty
thousand dollars in a general election period to the campaign
committee of any one house candidate.

(iii)
As used in divisions (B)(6)(b) and (C)(6) of this section, "transfer
or contribution of cash or cash equivalents" does not include
any in-kind contributions.

(c)
A county political party that has no state candidate fund and that is
located in a county having a population of less than one hundred
fifty thousand may make one or more contributions from other accounts
to any one statewide candidate or to any one designated state
campaign committee that do not exceed, in the aggregate, two thousand
five hundred dollars in any primary election period or general
election period.

(d)
No legislative campaign fund shall make a contribution, other than to
a designated state campaign committee or to the state candidate fund
of a political party.

(7)(a)
Subject to division (D)(1) of this section, no political contributing
entity shall make a contribution or contributions aggregating more
than:

(i)
Ten thousand dollars to the campaign committee of any one statewide
candidate in a primary election period or in a general election
period;

(ii)
Ten thousand dollars to the campaign committee of any one senate
candidate in a primary election period or in a general election
period;

(iii)
Ten thousand dollars to the campaign committee of any one house
candidate in a primary election period or in a general election
period;

(iv)
Fifteen thousand dollars to any one legislative campaign fund in a
calendar year;

(v)
Thirty thousand dollars to any one state political party for the
party's state candidate fund in a calendar year;

(vi)
Ten thousand dollars to another political contributing entity or to a
political action committee in a calendar year. This division does not
apply to a political contributing entity that makes a contribution to
a political contributing entity or a political action committee
affiliated with it. For purposes of this division, a political
contributing entity is affiliated with another political contributing
entity or with a political action committee if they are both
established, financed, maintained, or controlled by, or if they are,
the same corporation, organization, labor organization, continuing
association, or other person, including any parent, subsidiary,
division, or department of that corporation, organization, labor
organization, continuing association, or other person.

(b)
No political contributing entity shall make a contribution or
contributions to a county political party for the party's state
candidate fund.

(C)(1)(a)
Subject to division (D)(1) of this section, no campaign committee of
a statewide candidate shall do any of the following:

(i)
Knowingly accept a contribution or contributions from any individual
who is under seven years of age;

(ii)
Accept a contribution or contributions aggregating more than ten
thousand dollars from any one individual who is seven years of age or
older, from any one political action committee, from any one
political contributing entity, or from any one other campaign
committee in a primary election period or in a general election
period;

(iii)
Accept a contribution or contributions aggregating more than two
hundred fifty thousand dollars from any one or combination of state
candidate funds of county political parties in a primary election
period or in a general election period.

(b)
No campaign committee of a statewide candidate shall accept a
contribution or contributions aggregating more than two thousand five
hundred dollars in a primary election period or in a general election
period from a county political party that has no state candidate fund
and that is located in a county having a population of less than one
hundred fifty thousand.

(2)(a)
Subject to division (D)(1) of this section and except for a
designated state campaign committee, no campaign committee of a
senate candidate shall do either of the following:

(i)
Knowingly accept a contribution or contributions from any individual
who is under seven years of age;

(ii)
Accept a contribution or contributions aggregating more than ten
thousand dollars from any one individual who is seven years of age or
older, from any one political action committee, from any one
political contributing entity, from any one state candidate fund of a
county political party, or from any one other campaign committee in a
primary election period or in a general election period.

(b)
No campaign committee of a senate candidate shall accept a
contribution or contributions aggregating more than two thousand five
hundred dollars in a primary election period or in a general election
period from a county political party that has no state candidate fund
and that is located in a county having a population of less than one
hundred fifty thousand.

(3)(a)
Subject to division (D)(1) of this section and except for a
designated state campaign committee, no campaign committee of a house
candidate shall do either of the following:

(i)
Knowingly accept a contribution or contributions from any individual
who is under seven years of age;

(ii)
Accept a contribution or contributions aggregating more than ten
thousand dollars from any one individual who is seven years of age or
older, from any one political action committee, from any one
political contributing entity, from any one state candidate fund of a
county political party, or from any one other campaign committee in a
primary election period or in a general election period.

(b)
No campaign committee of a house candidate shall accept a
contribution or contributions aggregating more than two thousand five
hundred dollars in a primary election period or in a general election
period from a county political party that has no state candidate fund
and that is located in a county having a population of less than one
hundred fifty thousand.

(4)(a)(i)
Subject to division (C)(4)(a)(ii) of this section and except for a
designated state campaign committee, no county political party shall
knowingly accept a contribution or contributions from any individual
who is under seven years of age, or accept a contribution or
contributions for the party's state candidate fund aggregating more
than ten thousand dollars from any one individual whose designated
Ohio residence is located within that county and who is seven years
of age or older or from any one campaign committee in a calendar
year.

(ii)
Subject to division (D)(1) of this section, no county political party
shall accept a contribution or contributions for the party's state
candidate fund from any individual whose designated Ohio residence is
located outside of that county and who is seven years of age or
older, from any campaign committee unless the campaign committee's
candidate will appear on a ballot in that county or unless the
campaign committee's candidate is the holder of an elected public
office that represents all or part of the population of that county
at the time the contribution is accepted, or from any political
action committee or any political contributing entity.

(iii)
No county political party shall accept a contribution or
contributions from any other county political party.

(b)
Subject to division (D)(1) of this section, no state political party
shall do either of the following:

(i)
Knowingly accept a contribution or contributions from any individual
who is under seven years of age;

(ii)
Accept a contribution or contributions for the party's state
candidate fund aggregating more than thirty thousand dollars from any
one individual who is seven years of age or older, from any one
political action committee, from any one political contributing
entity, or from any one campaign committee, other than a designated
state campaign committee, in a calendar year.

(5)
Subject to division (D)(1) of this section, no legislative campaign
fund shall do either of the following:

(a)
Knowingly accept a contribution or contributions from any individual
who is under seven years of age;

(b)
Accept a contribution or contributions aggregating more than fifteen
thousand dollars from any one individual who is seven years of age or
older, from any one political action committee, from any one
political contributing entity, or from any one campaign committee,
other than a designated state campaign committee, in a calendar year.

(6)(a)
No designated state campaign committee shall accept a transfer or
contribution of cash or cash equivalents from a state candidate fund
of a state political party aggregating in a primary election period
or a general election period more than:

(i)
Five hundred thousand dollars, in the case of a campaign committee of
a statewide candidate;

(ii)
One hundred thousand dollars, in the case of a campaign committee of
a senate candidate;

(iii)
Fifty thousand dollars, in the case of a campaign committee of a
house candidate.

(b)
No designated state campaign committee shall accept a transfer or
contribution of cash or cash equivalents from a legislative campaign
fund aggregating more than:

(i)
Fifty thousand dollars in a primary election period or one hundred
thousand dollars in a general election period, in the case of a
campaign committee of a senate candidate;

(ii)
Twenty-five thousand dollars in a primary election period or fifty
thousand dollars in a general election period, in the case of a
campaign committee of a house candidate.

(c)
No campaign committee of a candidate for the office of member of the
general assembly, including a designated state campaign committee,
shall accept a transfer or contribution of cash or cash equivalents
from any one or combination of state candidate funds of county
political parties aggregating in a primary election period or a
general election period more than:

(i)
One hundred thousand dollars, in the case of a campaign committee of
a senate candidate;

(ii)
Fifty thousand dollars, in the case of a campaign committee of a
house candidate.

(7)(a)
Subject to division (D)(3) of this section, no political action
committee and no political contributing entity shall do either of the
following:

(i)
Knowingly accept a contribution or contributions from any individual
who is under seven years of age;

(ii)
Accept a contribution or contributions aggregating more than ten
thousand dollars from any one individual who is seven years of age or
older, from any one campaign committee, or from any one political
party in a calendar year.

(b)
Subject to division (D)(1) of this section, no political action
committee shall accept a contribution or contributions aggregating
more than ten thousand dollars from another political action
committee or from a political contributing entity in a calendar year.
Subject to division (D)(1) of this section, no political contributing
entity shall accept a contribution or contributions aggregating more
than ten thousand dollars from another political contributing entity
or from a political action committee in a calendar year. This
division does not apply to a political action committee or political
contributing entity that accepts a contribution from a political
action committee or political contributing entity affiliated with it.
For purposes of this division, a political action committee is
affiliated with another political action committee or with a
political contributing entity if they are both established, financed,
maintained, or controlled by the same corporation, organization,
labor organization, continuing association, or other person,
including any parent, subsidiary, division, or department of that
corporation, organization, labor organization, continuing
association, or other person.

(D)(1)(a)
For purposes of the limitations prescribed in division (B)(2) of this
section and the limitations prescribed in divisions (C)(1), (2), (3),
(4), (5), and (7)(b) of this section, whichever is applicable, all
contributions made by and all contributions accepted from political
action committees that are established, financed, maintained, or
controlled by, or that are, the same corporation, organization, labor
organization, continuing association, or other person, including any
parent, subsidiary, division, or department of that corporation,
organization, labor organization, continuing association, or other
person, are considered to have been made by or accepted from a single
political action committee.

(b)
For purposes of the limitations prescribed in division (B)(7) of this
section and the limitations prescribed in divisions (C)(1), (2), (3),
(4), (5), and (7)(b) of this section, whichever is applicable, all
contributions made by and all contributions accepted from political
contributing entities that are established, financed, maintained, or
controlled by, or that are, the same corporation, organization, labor
organization, continuing association, or other person, including any
parent, subsidiary, division, or department of that corporation,
organization, labor organization, continuing association, or other
person, are considered to have been made by or accepted from a single
political contributing entity.

(2)
As used in divisions (B)(1)(a)(vii), (B)(3)(d), (B)(4)(a), and (C)(7)
of this section, "political action committee" does not
include a political action committee that is organized to support or
oppose a ballot issue or question and that makes no contributions to
or expenditures on behalf of a political party, campaign committee,
legislative campaign fund, political action committee, or political
contributing entity. As used in divisions (B)(1)(a)(viii), (B)(3)(e),
(B)(4)(a), and (C)(7) of this section, "political contributing
entity" does not include a political contributing entity that is
organized to support or oppose a ballot issue or question and that
makes no contributions to or expenditures on behalf of a political
party, campaign committee, legislative campaign fund, political
action committee, or political contributing entity.

(3)
For purposes of the limitations prescribed in divisions (B)(4) and
(C)(7)(a) of this section, all contributions made by and all
contributions accepted from a national political party, a state
political party, and a county political party are considered to have
been made by or accepted from a single political party and shall be
combined with each other to determine whether the limitations have
been exceeded.

(E)(1)
If a legislative campaign fund has kept a total amount of
contributions exceeding one hundred fifty thousand dollars at the
close of business on the seventh day before the postgeneral election
statement is required to be filed under section 3517.10 of the
Revised Code, the legislative campaign fund shall comply with
division (E)(2) of this section.

(2)(a)
Any legislative campaign fund that has kept a total amount of
contributions in excess of the amount specified in division (E)(1) of
this section at the close of business on the seventh day before the
postgeneral election statement is required to be filed under section
3517.10 of the Revised Code shall dispose of the excess amount in the
manner prescribed in division (E)(2)(b)(i), (ii), or (iii) of this
section not later than ninety days after the day the postgeneral
election statement is required to be filed under section 3517.10 of
the Revised Code. Any legislative campaign fund that is required to
dispose of an excess amount of contributions under this division
shall file a statement on the ninetieth day after the postgeneral
election statement is required to be filed under section 3517.10 of
the Revised Code indicating the total amount of contributions the
fund has at the close of business on the seventh day before the
postgeneral election statement is required to be filed under section
3517.10 of the Revised Code and that the excess contributions were
disposed of pursuant to this division and division (E)(2)(b) of this
section. The statement shall be on a form prescribed by the secretary
of state and shall contain any additional information the secretary
of state considers necessary.

(b)
Any legislative campaign fund that is required to dispose of an
excess amount of contributions under division (E)(2) of this section
shall dispose of that excess amount by doing any of the following:

(i)
Giving the amount to the treasurer of state for deposit into the
state treasury to the credit of the Ohio
elections

election
integrity
commission
fund created by
division
(I) of
section

3517.152

111.29

of
the Revised Code;

(ii)
Giving the amount to individuals who made contributions to that
legislative campaign fund as a refund of all or part of their
contributions;

(iii)
Giving the amount to a corporation that is exempt from federal income
taxation under subsection 501(a) and described in subsection 501(c)
of the Internal Revenue Code.

(F)(1)
No legislative campaign fund shall fail to file a statement required
by division (E) of this section.

(2)
No legislative campaign fund shall fail to dispose of excess
contributions as required by division (E) of this section.

(G)
Nothing in this section shall affect, be used in determining, or
supersede a limitation on campaign contributions as provided for in
the Federal Election Campaign Act.

Sec.
3517.103.
(A)
For purposes of this section:

(1)
"Statewide candidate" means the joint candidates for the
offices of governor and lieutenant governor or a candidate for the
office of secretary of state, auditor of state, treasurer of state,

or

attorney
general
,
or member of the state board of education
.

(2)(a)
"Personal funds" means contributions to the campaign
committee of a candidate by the candidate.

(b)
A loan obtained by, guaranteed by, or for the benefit of a statewide
candidate, senate candidate, or house candidate shall be considered
"personal funds" subject to the provisions of this section
to the extent that the loan is obtained or guaranteed by the
candidate. A loan that is obtained or guaranteed and that is for the
benefit of a statewide candidate, senate candidate, or house
candidate shall not be considered "personal funds" for the
purposes of this section but shall be considered to be a
"contribution" for the purposes of this chapter if the loan
is obtained or guaranteed by anyone other than the candidate.

(c)
When a debt or other obligation incurred by a committee or by a
candidate on behalf of the candidate's committee is to be paid from
"personal funds," those funds are considered to be expended
when the debt or other obligation is incurred, regardless of when it
is paid.

(B)(1)
Except as otherwise provided in division (B)(2) of this section, no
statewide candidate or candidate for the office of member of the
general assembly shall make an expenditure of personal funds to
influence the results of an election for that candidate's nomination
or election to office unless the personal funds are first deposited
into the campaign fund of that candidate's campaign committee.

(2)
A statewide candidate or candidate for the office of member of the
general assembly may make an expenditure of personal funds without
first depositing those funds into the campaign committee's funds as
long as the aggregate total of those expenditures does not exceed
five hundred dollars at any time during an election period. After the
candidate's campaign committee reimburses the candidate for any
direct expenditure of personal funds, the amount that was reimbursed
is no longer included in the aggregate total of expenditures of
personal funds subject to the five-hundred-dollar limit.

Sec.
3517.104.
(A)
In January of each odd-numbered year, the secretary of state, in
accordance with this division and division (B) of this section, shall
adjust each amount specified in section 3517.102, in division
(B)(4)(e) of section 3517.10, and in division (B) of section 3517.101
of the Revised Code. The adjustment shall be based on the yearly
average of the previous two years of the Consumer Price Index for All
Urban Consumers or its successive equivalent, as determined by the
United States department of labor, bureau of labor statistics, or its
successor in responsibility, for all items, Series A. Using the 1996
yearly average as the base year, the secretary of state shall compare
the most current average consumer price index with that determined in
the preceding odd-numbered year, and shall determine the percentage
increase or decrease. The percentage increase or decrease shall be
multiplied by the actual dollar figure for each office or entity
specified in section 3517.102 of the Revised Code and by each actual
dollar figure specified in division (B)(4)(e) of section 3517.10 and
in division (B) of section 3517.101 of the Revised Code as determined
in the previous odd-numbered year, and the product shall be added to
or subtracted from its corresponding actual dollar figure, as
necessary, for that previous odd-numbered year.

The
resulting amount shall be rounded to the nearest twenty-five dollars
if the calculations are made regarding the amounts specified in
division (B)(4)(e) of section 3517.10 of the Revised Code.

If
the calculations are made regarding the amounts specified in section
3517.101 or 3517.102 of the Revised Code, the resulting amount shall
not be rounded. If that resulting amount is less than one hundred
dollars, the secretary of state shall retain a record of the
resulting amount and the manner in which it was calculated, but shall
not make an adjustment unless the resulting amount, when added to the
resulting amount calculated in each prior odd-numbered year since the
last adjustment was made, equals or exceeds one hundred dollars.

(B)(1)
The secretary of state shall calculate the adjustment under division
(A) of this section and shall report the calculations and necessary
materials to the auditor of state, on or before the thirty-first day
of January of each odd-numbered year. The secretary of state shall
base the adjustment on the most current consumer price index that is
described in division (A) of this section and that is in effect as of
the first day of January of each odd-numbered year.

(2)
The calculations made by the secretary of state under divisions (A)
and (B)(1) of this section shall be certified by the auditor of state
on or before the fifteenth day of February of each odd-numbered year.

(3)
On or before the twenty-fifth day of February of each odd-numbered
year, the secretary of state shall prepare a report setting forth the
maximum contribution limitations under section 3517.102 of the
Revised Code, the maximum amounts, if any, of contributions permitted
to be kept under that section, the amounts required under division
(B)(4)(e) of section 3517.10 of the Revised Code for reporting
contributions and in-kind contributions at social or fund-raising
activities and contributions from amounts deducted from an employee's
wages and salary, and the maximum office facility gift limitations
under section 3517.101 of the Revised Code, as calculated and
certified pursuant to divisions (A) and (B)(1) and (2) of this
section. The report and all documents relating to the calculations
contained in the report are public records. The report shall contain
an indication of the period in which the limitations, the maximum
contribution or gift amounts, and the reporting amounts apply, a
summary of how the limitations, the maximum contribution or gift
amounts, and the reporting amounts were calculated, and a statement
that the report and all related documents are available for
inspection and copying at the office of the secretary of state.

(4)
On or before the twenty-fifth day of February of each odd-numbered
year, the secretary of state shall transmit the report to the general
assembly and shall send the report by mail to the board of elections
of each county.

(5)
The secretary of state shall send the report by mail to each person
who files a declaration of candidacy or nominating petition with the
secretary of state for the office of governor, lieutenant governor,
secretary of state, auditor of state, treasurer of state, attorney
general,
member
of the state board of education,
chief
justice of the supreme court, or justice of the supreme court. The
report shall be mailed on or before the tenth day after the filing.

(6)
A board of elections shall send the report by mail to each person who
files a declaration of candidacy or nominating petition with the
board for the office of state representative or state senator. The
report shall be mailed on or before the tenth day after the filing.

Sec.
3517.108.
(A)
As used in divisions (A) and (B) of this section:

(1)
"Candidate" has the same meaning as in section 3517.01 of
the Revised Code but includes only candidates for the offices of
governor, lieutenant governor, secretary of state, auditor of state,
treasurer of state, attorney general,
member
of the state board of education,
member
of the general assembly, chief justice of the supreme court, and
justice of the supreme court.

(2)
A "general election period" begins on the day after the
primary election immediately preceding the general election at which
a candidate seeks an office specified in division (A)(1) of this
section and ends on the thirty-first day of December following that
general election.

(3)
A "primary election period" begins on the first day of
January of the year following the year in which the general election
was held for the office that the candidate seeks, including any
mid-term election, and ends on the day of the primary election.

(B)
Whenever the campaign committee of a candidate has unpaid debt at the
end of a primary election period or at the end of a general election
period, the committee may accept additional contributions during the
immediately following election period up to the applicable limitation
prescribed under section 3517.102 of the Revised Code from any
individual, political action committee, political contributing
entity, or other campaign committee who, during the primary or
general election period for which debt remains unpaid, has
contributed less than the contribution limitations prescribed under
section 3517.102 of the Revised Code applicable to that individual,
political action committee, political contributing entity, or other
campaign committee. Any additional contribution that a campaign
committee accepts under this division shall count toward the
applicable limitations prescribed under section 3517.102 of the
Revised Code for that primary or general election period at the end
of which the debt remains unpaid, and shall not count toward the
applicable limitations for any other primary or general election
period if all of the following conditions apply:

(1)
The campaign committee reports, on the statement required to be filed
under division (A)(2) of section 3517.10 of the Revised Code, all
debt remaining unpaid at the end of the election period. The
committee shall also file a separate statement, on a form prescribed
by the secretary of state, at the same time that the committee is
required to file a statement of contributions and expenditures under
section 3517.10 of the Revised Code. The separate statement shall
include the name and address of each contributor who makes an
additional contribution under division (B) of this section, how the
contribution was applied to pay the unpaid debt as required by
division (B)(3) of this section, and the balance of the unpaid debt
after each contribution was applied to it.

(2)
The additional contributions are accepted only during the primary or
general election period, whichever is applicable, immediately
following the election period covered in the statement filed under
division (B)(1) of this section.

(3)
All additional contributions made under division (B) of this section
are used by the campaign committee that receives them only to pay the
debt of the committee reported under division (B)(1) of this section.

(4)
The campaign committee maintains a separate account for all
additional contributions made under division (B) of this section and
uses moneys in that account only to pay the unpaid debt reported
under division (B)(1) of this section and to administer the account.

(5)
The campaign committee stops accepting additional contributions after
funds sufficient to repay the unpaid debt reported under division
(B)(1) of this section have been raised and promptly disposes of any
contributions received that exceed the amount of the unpaid debt by
returning the excess contributions to the contributors or by giving
the excess contributions to an organization that is exempt from
federal income taxation under subsection 501(a) and described in
subsection 501(c)(3), (4), (8), (10), or (19) of the Internal Revenue
Code.

Sec.
3517.109.
(A)
As used in this section:

(1)
"Candidate" has the same meaning as in section 3517.01 of
the Revised Code but includes only candidates for the offices of
governor, lieutenant governor, secretary of state, auditor of state,
treasurer of state, attorney general,
member
of the state board of education,
and
member of the general assembly.

(2)
"Statewide candidate" means the joint candidates for the
offices of governor and lieutenant governor or a candidate for the
office of secretary of state, auditor of state, treasurer of state,

and

attorney
general
,
and member of the state board of education
.

(3)
"Senate candidate" means a candidate for the office of
state senator.

(4)
"House candidate" means a candidate for the office of state
representative.

(5)
"State office" means the offices of governor, lieutenant
governor, secretary of state, auditor of state, treasurer of state,
attorney general,
member
of the state board of education,
and
member of the general assembly.

(6)
"Aggregate contribution" means the total of all
contributions from a contributor during the pre-filing period.

(7)
"Allowable aggregate contribution" means all of the
following:

(a)
In the case of a contribution from a contributor whose contributions
are subject to the contribution limits described in division (B)(1),
(2), (3), (6)(a), or (7) of section 3517.102 of the Revised Code,
that portion of the amount of the contributor's aggregate
contribution that does not exceed the preprimary contribution limit
applicable to that contributor.

(b)
In the case of a contribution or contributions from a contributor
whose contributions are not subject to the contribution limits
described in divisions (B)(1), (2), (3), (6)(a), or (7) of section
3517.102 of the Revised Code, the total of the following:

(i)
That portion of the aggregate contribution that was received as
in-kind services;

(ii)
That portion of the aggregate contribution that was received as cash
and does not exceed the applicable preprimary cash transfer or
contribution limits described in division (B)(6)(b) of section
3517.102 of the Revised Code.

(8)
"Excess aggregate contribution" means, for each
contributor, the amount by which that contributor's aggregate
contribution exceeds that contributor's allowable aggregate
contribution.

(9)
"Pre-filing period" means the period of time ending on the
day that the candidacy petitions are due for the state office for
which the candidate has filed and beginning on the latest date of the
following:

(a)
The first day of January of the year following the general election
in which that state office was last on the ballot;

(b)
The first day of January of the year following the general election
in which the candidate was last a candidate for any office;

(c)
The first day of the month following the primary election in which
the candidate was last a candidate for any office.

(10)
"Filing date" means the last date on which a candidacy
petition may be filed for an office.

(11)
"Applicable carry-in limit" means thirty-five thousand
dollars if the candidate is a house candidate

or
a candidate for the state board of education
,
one hundred thousand dollars if the candidate is a senate candidate,
and two hundred thousand dollars if the candidate is a statewide
candidate

other
than a candidate for the state board of education
.

(12)
"Campaign asset" means prepaid, purchased, or donated
assets available to the candidate on the date of the filing deadline
for the office the candidate is seeking that will be consumed or
depleted in the course of the candidate's election campaign,
including, but not limited to, postage, prepaid rent for campaign
headquarters, prepaid radio, television, and newspaper advertising,
and other prepaid consulting and personal services.

(13)
"Permitted funds" means the sum of the following:

(a)
The total of the allowable aggregate contribution of each
contributor;

(b)
The applicable carry-in limit.

(14)
"Excess funds" means the amount by which the sum of the
total cash on hand and total reported campaign assets exceeds
permitted funds.

(15)
"Covered candidate" means both of the following:

(a)
A candidate who, during the pre-filing period, accepts or has a
campaign committee that accepts contributions on the candidate's
behalf for the purpose of nominating or electing the candidate to any
office not subject to the contribution limits prescribed in section
3517.102 of the Revised Code;

(b)
A person who, during the pre-filing period, accepts or has a campaign
committee that accepts contributions on the person's behalf prior to
the person deciding upon or announcing the office for which the
person will become a candidate for nomination or election.

(B)
Each candidate who files for state office, not later than the filing
date for that office, shall dispose of any excess funds. Each covered
candidate who files for state office, not later than the filing date
for that office, shall dispose of any excess aggregate contributions.

(C)
Any campaign committee that is required to dispose of excess funds or
excess aggregate contributions under division (B) of this section
shall dispose of that excess amount or amounts by doing any of the
following:

(1)
Giving the amount to the treasurer of state for deposit into the
state treasury to the credit of the Ohio
elections

election
integrity
commission
fund created
by
division (I) of
under

section

3517.152

111.29

of
the Revised Code;

(2)
Giving the amount to individuals who made contributions to that
campaign committee as a refund of all or part of their contributions;

(3)
Giving the amount to a corporation that is exempt from federal income
taxation under subsection 501(a) and described in subsection 501(c)
of the Internal Revenue Code.

(D)(1)
Subject to division (D)(2) of this section, no candidate or covered
candidate shall appear on the ballot, even if certified to appear on
the ballot, unless the candidate's or covered candidate's campaign
committee has disposed of excess funds, excess aggregate
contributions, or both as required by divisions (B) and (C) of this
section.

(2)
If the excess aggregate contributions accepted by a covered candidate
or a covered candidate's campaign committee aggregate a total of less
than five thousand dollars from all contributors, that candidate
shall not be prohibited from appearing on the ballot under division
(D)(1) of this section.

(E)(1)
The campaign committee of each candidate required to dispose of
excess funds under this section shall file a report, on a form
prescribed by the secretary of state, with the official or board with
which the candidate is required to file statements under section
3517.11 of the Revised Code. The report shall be filed by the seventh
day following the filing deadline for the office the candidate is
seeking, shall indicate the amount of excess funds disposed of, and
shall describe the manner in which the campaign committee disposed of
the excess amount.

(2)
In addition to the information required to be included in a report
filed under division (E)(1) of this section, the campaign committee
of each covered candidate required to dispose of excess aggregate
contributions under this section shall include in that report the
source and amount of each excess aggregate contribution disposed of
and shall describe the manner in which the campaign committee
disposed of the excess amount.

(F)(1)
Each campaign committee of a candidate who has filed a declaration of
candidacy or a nominating petition for a state office, not later than
seven days after the filing date for the office the candidate is
seeking, shall file a declaration of filing-day finances, on a form
prescribed by the secretary of state, with the official or board with
which the candidate is required to file statements under section
3517.11 of the Revised Code.

(2)
A declaration of filing-day finances shall list all of the following:

(a)
The amount of cash on hand in the candidate's campaign fund on the
filing date for the office the candidate is seeking.

(b)
The value and description of all campaign assets worth five hundred
dollars or more available to the candidate on the filing date. Assets
purchased by the campaign shall be valued at actual cost, and in-kind
contributions shall be valued at market value.

(c)
The total of all aggregate contributions;

(d)
The total of all allowable aggregate contributions;

(e)
The applicable carry-in limit, if any.

(3)
In addition to the information required to be included in a report of
filing-day finances filed under division (F)(1) of this section, the
campaign committee of each covered candidate shall include both of
the following in that report:

(a)
The total of all excess aggregate contributions;

(b)
For each contributor, if any, for whom there is an excess aggregate
contribution, the name, address, aggregate contribution, and excess
aggregate contribution.

(G)
A campaign committee of a candidate is not required to file a
declaration of filing-day finances under division (F) of this section
if all of the following apply:

(1)
The campaign committee has not accepted, during the pre-filing
period, any aggregate contribution greater than the applicable
amount.

(2)
The campaign committee had less than the carry-in amount in cash on
hand at the beginning of the pre-filing period.

(3)
The candidate files a declaration, on a form prescribed by the
secretary of state, with the official or board with which the
candidate is required to file statements under section 3517.11 of the
Revised Code not later than seven days after the filing date for the
office that candidate is seeking, stating that the candidate's
campaign committee has not accepted aggregate contributions as
described in division (G)(1) of this section and has less than the
carry-in amount in cash on hand as described in division (G)(2) of
this section.

Sec.
3517.1012.
(A)(1)
Each state and county political party shall establish a restricted
fund that is separate from all other accounts of the political party.

(2)
A state or county political party shall deposit into its restricted
fund all gifts that are made to or accepted by the political party
from a corporation or labor organization subject to the applicable
limitations prescribed in division (X) of section 3517.13 of the
Revised Code. A state or county political party may deposit into its
restricted fund any gifts that are made to or accepted by the
political party from a source other than a corporation or labor
organization.

(3)
Moneys in a state or county political party's restricted fund may be
disbursed to pay costs incurred for any of the
following

purposes

specified
in division (A) of section 3517.18 of the Revised Code
:

(a)
The defraying of operating and maintenance costs associated with
political party headquarters, including rental or leasing costs,
staff salaries, office equipment and supplies, postage, and the
purchase, lease, or maintenance of computer hardware and software;

(b)
The organization of voter registration programs and get-out-the-vote
campaigns and the costs associated with voter registration and
get-out-the-vote activities, including, but not limited to, rental
costs for booth spaces at fairs, festivals, or similar events if
voter registration forms are available at those booths, printing
costs for registration forms, mailing costs for communications
soliciting voter registration, and payments for the services of
persons conducting voter registration and get-out-the-vote
activities;

(c)
The administration of party fund-raising drives;

(d)
Direct mail campaigns or other communications with the registered
voters of a party that are not related to any particular candidate or
election;

(e)
The preparation of reports required by law
.

(B)
Except as otherwise provided in this division, a state or county
political party shall file deposit and disbursement statements, in
the same manner as the party is required to file statements of
contributions and expenditures under section 3517.10 of the Revised
Code, regarding all deposits made into, and all disbursements made
from, the party's restricted fund. Deposit and disbursement
statements filed in accordance with this division by a county
political party shall be filed by electronic means of transmission to
the office of the secretary of state at the times specified in
division (A) of section 3517.10 of the Revised Code for the filing of
statements of contributions and expenditures if the county political
party accepts gifts from a corporation or labor organization under
division (A)(2) of this section.

Sec.
3517.11.
(A)(1)
Campaign committees of candidates for statewide office

or
the state board of education
,
political action committees or political contributing entities that
make contributions to campaign committees of candidates that are
required to file the statements prescribed by section 3517.10 of the
Revised Code with the secretary of state, political action committees
or political contributing entities that make contributions to
campaign committees of candidates for member of the general assembly,
political action committees or political contributing entities that
make contributions to state and national political parties and to
legislative campaign funds, political action committees or political
contributing entities that receive contributions or make expenditures
in connection with a statewide ballot issue, political action
committees or political contributing entities that make contributions
to other political action committees or political contributing
entities, political parties, and campaign committees, except as set
forth in division (A)(3) of this section, legislative campaign funds,
and state and national political parties shall file the statements
prescribed by section 3517.10 of the Revised Code with the secretary
of state.

(2)(a)
Except as otherwise provided in division (E) of section 3517.106 of
the Revised Code, campaign committees of candidates for all other
offices shall file the statements prescribed by section 3517.10 of
the Revised Code with the board of elections where their candidates
are required to file their petitions or other papers for nomination
or election.

(b)
A campaign committee of a candidate for office of member of the
general assembly or a campaign committee of a candidate for the
office of judge of a court of appeals shall file two copies of the
printed version of any statement, addendum, or amended statement if
the committee does not file pursuant to division (E) or (J) of
section 3517.106 of the Revised Code but files by printed version
only with the appropriate board of elections. The board of elections
shall send one of those copies by certified mail or an electronic
copy to the secretary of state before the close of business on the
day the board of elections receives the statement, addendum, or
amended statement.

(3)
Political action committees or political contributing entities that
only contribute to a county political party, contribute to campaign
committees of candidates whose nomination or election is to be
submitted only to electors within a county, subdivision, or district,
excluding candidates for member of the general assembly, and receive
contributions or make expenditures in connection with ballot
questions or issues to be submitted only to electors within a county,
subdivision, or district shall file the statements prescribed by
section 3517.10 of the Revised Code with the board of elections in
that county or in the county contained in whole or part within the
subdivision or district having a population greater than that of any
other county contained in whole or part within that subdivision or
district, as the case may be.

(4)
Except as otherwise provided in division (E)(1)(e) of section
3517.106 of the Revised Code with respect to state candidate funds,
county political parties shall file the statements prescribed by
section 3517.10 of the Revised Code with the board of elections of
their respective counties.

(B)(1)
The official with whom petitions and other papers for nomination or
election to public office are filed shall furnish each candidate at
the time of that filing a copy of sections 3517.01, 3517.08 to
3517.11, 3517.13 to
3517.993
3517.991
,
3599.03, and 3599.031 of the Revised Code and any other materials
that the secretary of state may require. Each candidate receiving the
materials shall acknowledge their receipt in writing.

(2)
On or before the tenth day before the dates on which statements are
required to be filed by section 3517.10 of the Revised Code, the
secretary of state shall notify every candidate subject to the
provisions of this section and sections 3517.10 and 3517.106 of the
Revised Code of the requirements and applicable penalties of those
sections. The secretary of state shall notify all candidates required
to file those statements with the secretary of state's office either
by certified mail, or, if the secretary of state has record of an
internet identifier of record associated with the candidate, by
ordinary mail and by that internet identifier of record. The board of
elections of every county shall notify by first class mail any
candidate who has personally appeared at the office of the board on
or before the tenth day before the statements are required to be
filed and signed a form, to be provided by the secretary of state,
attesting that the candidate has been notified of the candidate's
obligations under the campaign finance law. The board shall forward
the completed form to the secretary of state. The board shall notify
all other candidates required to file those statements with it either
by certified mail, or, if the secretary of state has record of an
internet identifier of record associated with the candidate, by
ordinary mail and by that internet identifier of record.

(3)(a)
Any statement required to be filed under sections 3517.081 to
3517.14

3517.13

of
the Revised Code that is found to be incomplete or inaccurate by the
officer to whom it is submitted shall be accepted on a conditional
basis, and the person who filed it shall be notified by certified
mail as to the incomplete or inaccurate nature of the statement. The
secretary of state may examine statements filed for candidates for
the office of member of the general assembly and candidates for the
office of judge of a court of appeals for completeness and accuracy.
The secretary of state shall examine for completeness and accuracy
statements that campaign committees of candidates for the office of
member of the general assembly and campaign committees of candidates
for the office of judge of a court of appeals file pursuant to
division (E) or (J) of section 3517.106 of the Revised Code. If an
officer at the board of elections where a statement filed for a
candidate for the office of member of the general assembly or for a
candidate for the office of judge of a court of appeals was submitted
finds the statement to be incomplete or inaccurate, the officer shall
immediately notify the secretary of state of its incomplete or
inaccurate nature. If either an officer at the board of elections or
the secretary of state finds a statement filed for a candidate for
the office of member of the general assembly or for a candidate for
the office of judge of a court of appeals to be incomplete or
inaccurate, only the secretary of state shall send the notification
as to the incomplete or inaccurate nature of the statement.

Within
twenty-one days after receipt of the notice, in the case of a
pre-election statement, a postelection statement, a monthly
statement, an annual statement, or a semiannual statement prescribed
by section 3517.10, an annual statement prescribed by section
3517.101, or a statement prescribed by division (B)(2)(b) or
(C)(2)(b) of section 3517.105 or section 3517.107 of the Revised
Code, the recipient shall file an addendum, amendment, or other
correction to the statement providing the information necessary to
complete or correct the statement. The secretary of state may require
that, in lieu of filing an addendum, amendment, or other correction
to a statement that is filed by electronic means of transmission to
the office of the secretary of state or a board of elections pursuant
to section 3517.106 of the Revised Code, the recipient of the notice
described in this division file by electronic means of transmission
an amended statement that incorporates the information necessary to
complete or correct the statement.

The
secretary of state shall determine by rule when an addendum,
amendment, or other correction to any of the following or when an
amended statement of any of the following shall be filed:

(i)
A two-business-day statement prescribed by section 3517.10 of the
Revised Code;

(ii)
A disclosure of electioneering communications statement prescribed by
division (D) of section 3517.1011 of the Revised Code;

(iii)
A deposit and disbursement statement prescribed under division (B) of
section 3517.1012 of the Revised Code;

(iv)
A gift and disbursement statement prescribed under section 3517.1013
of the Revised Code;

(v)
A donation and disbursement statement prescribed under section
3517.1014 of the Revised Code.

An
addendum, amendment, or other correction to a statement that is filed
by electronic means of transmission pursuant to section 3517.106 of
the Revised Code shall be filed in the same manner as the statement.

The
provisions of sections 3517.10, 3517.106, 3517.1011, 3517.1012,
3517.1013, and 3517.1014 of the Revised Code pertaining to the filing
of statements of contributions and expenditures, statements of
independent expenditures, disclosure of electioneering communications
statements, deposit and disbursement statements, gift and
disbursement statements, and donation and disbursement statements by
electronic means of transmission apply to the filing of addenda,
amendments, or other corrections to those statements by electronic
means of transmission and the filing of amended statements by
electronic means of transmission.

(b)
Within five business days after the secretary of state receives, by
electronic or other means of transmission, an addendum, amendment, or
other correction to a statement or an amended statement under
division (B)(3)(a) of this section, the secretary of state, pursuant
to divisions (E) and (G) of section 3517.106 or division (D) of
section 3517.1011 of the Revised Code, shall make the contribution
and expenditure, contribution and disbursement, deposit and
disbursement, gift and disbursement, or donation and disbursement
information in that addendum, amendment, correction, or amended
statement available online to the public through the internet.

(4)(a)
The secretary of state or the board of elections shall examine all
statements for compliance with sections 3517.08 to
3517.14

3517.13

of
the Revised Code.

(b)
The secretary of state may contract with an individual or entity not
associated with the secretary of state and experienced in
interpreting the campaign finance law of this state to conduct
examinations of statements filed by any statewide candidate, as
defined in section 3517.103 of the Revised Code.

(c)
The examination shall be conducted by a person or entity qualified to
conduct it. The results of the examination shall be available to the
public, and, when the examination is conducted by an individual or
entity not associated with the secretary of state, the results of the
examination shall be reported to the secretary of state.

(C)(1)
In the event of a failure to file or a late filing of a statement
required to be filed under sections 3517.081 to
3517.14

3517.13

of
the Revised Code, or if a filed statement or any addendum, amendment,
or other correction to a statement or any amended statement, if an
addendum, amendment, or other correction or an amended statement is
required to be filed, is incomplete or inaccurate or appears to
disclose a failure to comply with or a violation of law, the official
whose duty it is to examine the statement shall promptly file a
complaint
with
the Ohio elections commission
under
section
3517.153

3517.16

of
the Revised Code if the law is
one
over which the commission has jurisdiction to hear complaints
listed
in division (A) of section 3517.15 of the Revised Code
,
or the official shall promptly report the failure or violation to the
board of elections and the board shall promptly report it to the
prosecuting attorney in accordance with division (J) of section
3501.11 of the Revised Code.
If
the official files a complaint with the commission, the commission
shall proceed in accordance with sections 3517.154 to 3517.157 of the
Revised Code.

(2)
For purposes of division (C)(1) of this section, a statement or an
addendum, amendment, or other correction to a statement or an amended
statement required to be filed under sections 3517.081 to
3517.14

3517.13

of
the Revised Code is incomplete or inaccurate under this section if
the statement, addendum, amendment, other correction, or amended
statement fails to disclose substantially all contributions, gifts,
or donations that are received or deposits that are made that are
required to be reported under sections 3517.10, 3517.107, 3517.108,
3517.1011, 3517.1012, 3517.1013, and 3517.1014 of the Revised Code or
if the statement, addendum, amendment, other correction, or amended
statement fails to disclose at least ninety per cent of the total
contributions, gifts, or donations received or deposits made or of
the total expenditures or disbursements made during the reporting
period.

(D)
No certificate of nomination or election shall be issued to a person,
and no person elected to an office shall enter upon the performance
of the duties of that office, until that person or that person's
campaign committee, as appropriate, has fully complied with this
section and sections 3517.08, 3517.081, 3517.10, and 3517.13 of the
Revised Code.

Sec.
3517.121.
Notwithstanding
any contrary provision of the Revised Code:

(A)
As used in this section:

(1)
"Electioneering communication" has the same meaning as in
section 3517.1011 of the Revised Code.

(2)
"Foreign national" means any of the following, as
applicable:

(a)
In the case of an individual, an individual who is not a United
States citizen or national;

(b)
A government of a foreign country or of a political subdivision of a
foreign country;

(c)
A foreign political party;

(d)
A person, other than an individual, that is organized under the laws
of, or has its principal place of business in, a foreign country.

(B)
No foreign national shall, directly or indirectly through any person
or entity, do any of the following:

(1)
Make a contribution, expenditure, or independent expenditure in
support of or opposition to a candidate for any elective office in
this state, including an office of a political party;

(2)
Make a contribution, expenditure, or independent expenditure in
support of or opposition to a statewide ballot issue or question,
regardless of whether the ballot issue or question has yet been
certified to appear on the ballot;

(3)
Make a disbursement for the direct cost of producing or airing an
electioneering communication;

(4)
Make a contribution to a candidate, campaign committee, political
action committee, political contributing entity, legislative campaign
fund, state candidate fund, political party, or separate segregated
fund, to any committee created to support or oppose a ballot issue or
question, or, to the maximum extent permitted by law and by the
constitutions of the United States and of this state, to a continuing
association;

(5)
Promise, either expressly or implicitly, to make a contribution,
expenditure, independent expenditure, or disbursement described in
division (B)(1), (2), (3), or (4) of this section.

(C)
No individual, candidate, campaign committee, political action
committee, political contributing entity, legislative campaign fund,
state candidate fund, political party, separate segregated fund, or
committee created to support or oppose a ballot issue or question
and, to the maximum extent permitted by law and by the constitutions
of the United States and of this state, no continuing association
shall, directly or indirectly through any other person or entity,
knowingly do either of the following:

(1)
Solicit, accept, or receive any funds from a foreign national for any
purpose described in division (B) of this section;

(2)
Make a contribution, expenditure, or independent expenditure using
any funds the person knows were received from a foreign national for
any purpose described in division (B) of this section.

(D)
No person shall knowingly aid or facilitate a violation of division
(B) or (C) of this section.

(E)
Any complaint that alleges a violation of division (W) of section
3517.13 of the Revised Code shall be treated as instead alleging a
violation of this section.

(F)(1)
Whoever knowingly violates division (B) of this section is guilty of
a misdemeanor of the first degree on a first offense and is guilty of
a felony of the fifth degree on a second or subsequent offense. The
violator also shall be fined an amount equal to three times the
amount involved in the violation or ten thousand dollars, whichever
amount is greater.

(2)
Whoever knowingly violates division (C) of this section is guilty of
a misdemeanor of the first degree on a first offense and is guilty of
a felony of the fifth degree on a second or subsequent offense. The
violator also shall be fined an amount equal to three times the
amount involved in the violation or ten thousand dollars, whichever
amount is greater, and shall be required to return the total amount
accepted in violation of that division to the foreign national from
whom it was accepted.

(3)
Whoever knowingly violates division (D) of this section is guilty of
a misdemeanor of the first degree and shall be fined one thousand
dollars.

(G)(1)(a)
Except as otherwise provided in division (G)(1)(b) of this section,
the attorney general has exclusive authority to prosecute a violation
of this section and has exclusive supervision and control of all
investigations, prosecutions, and enforcement proceedings under this
section.

(b)
If the attorney general is a victim or witness or otherwise involved
in an alleged violation of this section, the attorney general shall
refer the matter to the appropriate prosecutor, as determined under
division
(A)(2)

(C)

of
section
3517.155

3517.17

of
the Revised Code, except that if applicable, the attorney general
shall make the determination described in division
(A)(2)(b)

(B)(2)

of
that section instead of the Ohio
elections

election
integrity
commission.

(2)
Upon the occurrence of either of the following, the attorney general
shall investigate an alleged violation of this section in
consultation with the secretary of state:

(a)
The submission of a written request to the attorney general by the
governor, the secretary of state, the general assembly, or the Ohio

elections

election
integrity
commission,
alleging a violation of this section;

(b)
The filing of a complaint with the attorney general by an elector of
this state, alleging a violation of this section.

(3)
If it appears to the attorney general, after conducting an
investigation under division (G)(2) of this section, that there is
probable cause to believe that a violation of this section has
occurred, the attorney general may prosecute the violation in a court
of competent jurisdiction.

(H)
When proceeding under this section, the attorney general and any
assistant or special counsel designated by the attorney general for
that purpose have all the rights, privileges, and powers conferred by
law on prosecuting attorneys, including the power to appear before
grand juries and to interrogate witnesses before such grand juries.
These powers of the attorney general are in addition to any other
applicable powers of the attorney general.

Sec.
3517.13.
(A)(1)
No campaign committee of a statewide candidate shall fail to file a
complete and accurate statement required under division (A)(1) of
section 3517.10 of the Revised Code.

(2)
No campaign committee of a statewide candidate shall fail to file a
complete and accurate monthly statement, and no campaign committee of
a statewide candidate or a candidate for the office of chief justice
or justice of the supreme court shall fail to file a complete and
accurate two-business-day statement, as required under section
3517.10 of the Revised Code.

As
used in this division, "statewide candidate" has the same
meaning as in division (F)(2) of section 3517.10 of the Revised Code.

(B)
No campaign committee shall fail to file a complete and accurate
statement required under division (A)(1) of section 3517.10 of the
Revised Code.

(C)
No campaign committee shall fail to file a complete and accurate
statement required under division (A)(2) of section 3517.10 of the
Revised Code.

(D)
No campaign committee shall fail to file a complete and accurate
statement required under division (A)(3) or (4) of section 3517.10 of
the Revised Code.

(E)
No person other than a campaign committee shall knowingly fail to
file a statement required under section 3517.10 or 3517.107 of the
Revised Code.

(F)
No person shall make cash contributions to any person totaling more
than one hundred dollars in each primary, special, or general
election.

(G)(1)
No person shall knowingly conceal or misrepresent contributions given
or received, expenditures made, or any other information required to
be reported by a provision in sections 3517.08 to 3517.13 of the
Revised Code.

(2)(a)
No person shall make a contribution to a campaign committee,
political action committee, political contributing entity,
legislative campaign fund, political party, or person making
disbursements to pay the direct costs of producing or airing
electioneering communications in the name of another person.

(b)
A person does not make a contribution in the name of another when
either of the following applies:

(i)
An individual makes a contribution from a partnership or other
unincorporated business account, if the contribution is reported by
listing both the name of the partnership or other unincorporated
business and the name of the partner or owner making the contribution
as required under division (I) of section 3517.10 of the Revised
Code.

(ii)
A person makes a contribution in that person's spouse's name or in
both of their names.

(H)
No person within this state, publishing a newspaper or other
periodical, shall charge a campaign committee for political
advertising a rate in excess of the rate such person would charge if
the campaign committee were a general rate advertiser whose
advertising was directed to promoting its business within the same
area as that encompassed by the particular office that the candidate
of the campaign committee is seeking. The rate shall take into
account the amount of space used, as well as the type of advertising
copy submitted by or on behalf of the campaign committee. All
discount privileges otherwise offered by a newspaper or periodical to
general rate advertisers shall be available upon equal terms to all
campaign committees.

No
person within this state, operating a radio or television station or
network of stations in this state, shall charge a campaign committee
for political broadcasts a rate that exceeds:

(1)
During the forty-five days preceding the date of a primary election
and during the sixty days preceding the date of a general or special
election in which the candidate of the campaign committee is seeking
office, the lowest unit charge of the station for the same class and
amount of time for the same period;

(2)
At any other time, the charges made for comparable use of that
station by its other users.

(I)
Subject to divisions (K), (L), (M), and (N) of this section, no
agency or department of this state or any political subdivision shall
award any contract, other than one let by competitive bidding or a
contract incidental to such contract or which is by force account,
for the purchase of goods costing more than five hundred dollars or
services costing more than five hundred dollars to any individual,
partnership, association, including, without limitation, a
professional association organized under Chapter 1785. of the Revised
Code, estate, or trust if the individual has made or the individual's
spouse has made, or any partner, shareholder, administrator,
executor, or trustee or the spouse of any of them has made, as an
individual, within the two previous calendar years, one or more
contributions totaling in excess of one thousand dollars to the
holder of the public office having ultimate responsibility for the
award of the contract or to the public officer's campaign committee.

(J)
Subject to divisions (K), (L), (M), and (N) of this section, no
agency or department of this state or any political subdivision shall
award any contract, other than one let by competitive bidding or a
contract incidental to such contract or which is by force account,
for the purchase of goods costing more than five hundred dollars or
services costing more than five hundred dollars to a corporation or
business trust, except a professional association organized under
Chapter 1785. of the Revised Code, if an owner of more than twenty
per cent of the corporation or business trust or the spouse of that
person has made, as an individual, within the two previous calendar
years, taking into consideration only owners for all of that period,
one or more contributions totaling in excess of one thousand dollars
to the holder of a public office having ultimate responsibility for
the award of the contract or to the public officer's campaign
committee.

(K)
For purposes of divisions (I) and (J) of this section, if a public
officer who is responsible for the award of a contract is appointed
by the governor, whether or not the appointment is subject to the
advice and consent of the senate, excluding members of boards,
commissions, committees, authorities, councils, boards of trustees,
task forces, and other such entities appointed by the governor, the
office of the governor is considered to have ultimate responsibility
for the award of the contract.

(L)
For purposes of divisions (I) and (J) of this section, if a public
officer who is responsible for the award of a contract is appointed
by the elected chief executive officer of a municipal corporation, or
appointed by the elected chief executive officer of a county
operating under an alternative form of county government or county
charter, excluding members of boards, commissions, committees,
authorities, councils, boards of trustees, task forces, and other
such entities appointed by the chief executive officer, the office of
the chief executive officer is considered to have ultimate
responsibility for the award of the contract.

(M)(1)
Divisions (I) and (J) of this section do not apply to contracts
awarded by the board of commissioners of the sinking fund, municipal
legislative authorities, boards of education, boards of county
commissioners, boards of township trustees, or other boards,
commissions, committees, authorities, councils, boards of trustees,
task forces, and other such entities created by law, by the supreme
court or courts of appeals, by county courts consisting of more than
one judge, courts of common pleas consisting of more than one judge,
or municipal courts consisting of more than one judge, or by a
division of any court if the division consists of more than one
judge. This division shall apply to the specified entity only if the
members of the entity act collectively in the award of a contract for
goods or services.

(2)
Divisions (I) and (J) of this section do not apply to actions of the
controlling board.

(N)(1)
Divisions (I) and (J) of this section apply to contributions made to
the holder of a public office having ultimate responsibility for the
award of a contract, or to the public officer's campaign committee,
during the time the person holds the office and during any time such
person was a candidate for the office. Those divisions do not apply
to contributions made to, or to the campaign committee of, a
candidate for or holder of the office other than the holder of the
office at the time of the award of the contract.

(2)
Divisions (I) and (J) of this section do not apply to contributions
of a partner, shareholder, administrator, executor, trustee, or owner
of more than twenty per cent of a corporation or business trust made
before the person held any of those positions or after the person
ceased to hold any of those positions in the partnership,
association, estate, trust, corporation, or business trust whose
eligibility to be awarded a contract is being determined, nor to
contributions of the person's spouse made before the person held any
of those positions, after the person ceased to hold any of those
positions, before the two were married, after the granting of a
decree of divorce, dissolution of marriage, or annulment, or after
the granting of an order in an action brought solely for legal
separation. Those divisions do not apply to contributions of the
spouse of an individual whose eligibility to be awarded a contract is
being determined made before the two were married, after the granting
of a decree of divorce, dissolution of marriage, or annulment, or
after the granting of an order in an action brought solely for legal
separation.

(O)
No beneficiary of a campaign fund or other person shall convert for
personal use, and no person shall knowingly give to a beneficiary of
a campaign fund or any other person, for the beneficiary's or any
other person's personal use, anything of value from the beneficiary's
campaign fund, including, without limitation, payments to a
beneficiary for services the beneficiary personally performs, except
as reimbursement for any of the following:

(1)
Legitimate and verifiable prior campaign expenses incurred by the
beneficiary;

(2)
Legitimate and verifiable ordinary and necessary prior expenses
incurred by the beneficiary in connection with duties as the holder
of a public office, including, without limitation, expenses incurred
through participation in nonpartisan or bipartisan events if the
participation of the holder of a public office would normally be
expected;

(3)
Legitimate and verifiable ordinary and necessary prior expenses
incurred by the beneficiary while doing any of the following:

(a)
Engaging in activities in support of or opposition to a candidate
other than the beneficiary, political party, or ballot issue;

(b)
Raising funds for a political party, political action committee,
political contributing entity, legislative campaign fund, campaign
committee, or other candidate;

(c)
Participating in the activities of a political party, political
action committee, political contributing entity, legislative campaign
fund, or campaign committee;

(d)
Attending a political party convention or other political meeting.

For
purposes of this division, an expense is incurred whenever a
beneficiary has either made payment or is obligated to make payment,
as by the use of a credit card or other credit procedure or by the
use of goods or services received on account.

(P)
No beneficiary of a campaign fund shall knowingly accept, and no
person shall knowingly give to the beneficiary of a campaign fund,
reimbursement for an expense under division (O) of this section to
the extent that the expense previously was reimbursed or paid from
another source of funds. If an expense is reimbursed under division
(O) of this section and is later paid or reimbursed, wholly or in
part, from another source of funds, the beneficiary shall repay the
reimbursement received under division (O) of this section to the
extent of the payment made or reimbursement received from the other
source.

(Q)
No candidate or public official or employee shall accept for personal
or business use anything of value from a political party, political
action committee, political contributing entity, legislative campaign
fund, or campaign committee other than the candidate's or public
official's or employee's own campaign committee, and no person shall
knowingly give to a candidate or public official or employee anything
of value from a political party, political action committee,
political contributing entity, legislative campaign fund, or such a
campaign committee, except for the following:

(1)
Reimbursement for legitimate and verifiable ordinary and necessary
prior expenses not otherwise prohibited by law incurred by the
candidate or public official or employee while engaged in any
legitimate activity of the political party, political action
committee, political contributing entity, legislative campaign fund,
or such campaign committee. Without limitation, reimbursable expenses
under this division include those incurred while doing any of the
following:

(a)
Engaging in activities in support of or opposition to another
candidate, political party, or ballot issue;

(b)
Raising funds for a political party, legislative campaign fund,
campaign committee, or another candidate;

(c)
Attending a political party convention or other political meeting.

(2)
Compensation not otherwise prohibited by law for actual and valuable
personal services rendered under a written contract to the political
party, political action committee, political contributing entity,
legislative campaign fund, or such campaign committee for any
legitimate activity of the political party, political action
committee, political contributing entity, legislative campaign fund,
or such campaign committee.

Reimbursable
expenses under this division do not include, and it is a violation of
this division for a candidate or public official or employee to
accept, or for any person to knowingly give to a candidate or public
official or employee from a political party, political action
committee, political contributing entity, legislative campaign fund,
or campaign committee other than the candidate's or public official's
or employee's own campaign committee, anything of value for
activities primarily related to the candidate's or public official's
or employee's own campaign for election, except for contributions to
the candidate's or public official's or employee's campaign
committee.

For
purposes of this division, an expense is incurred whenever a
candidate or public official or employee has either made payment or
is obligated to make payment, as by the use of a credit card or other
credit procedure, or by the use of goods or services on account.

(R)(1)
Division (O) or (P) of this section does not prohibit a campaign
committee from making direct advance or post payment from
contributions to vendors for goods and services for which
reimbursement is permitted under division (O) of this section, except
that no campaign committee shall pay its candidate or other
beneficiary for services personally performed by the candidate or
other beneficiary.

(2)
If any expense that may be reimbursed under division (O), (P), or (Q)
of this section is part of other expenses that may not be paid or
reimbursed, the separation of the two types of expenses for the
purpose of allocating for payment or reimbursement those expenses
that may be paid or reimbursed may be by any reasonable accounting
method, considering all of the surrounding circumstances.

(3)
For purposes of divisions (O), (P), and (Q) of this section, mileage
allowance at a rate not greater than that allowed by the internal
revenue service at the time the travel occurs may be paid instead of
reimbursement for actual travel expenses allowable.

(S)(1)
As used in division (S) of this section:

(a)
"State elective office" has the same meaning as in section
3517.092 of the Revised Code.

(b)
"Federal office" means a federal office as defined in the
Federal Election Campaign Act.

(c)
"Federal campaign committee" means a principal campaign
committee or authorized committee as defined in the Federal Election
Campaign Act.

(2)
No person who is a candidate for state elective office and who
previously sought nomination or election to a federal office shall
transfer any funds or assets from that person's federal campaign
committee for nomination or election to the federal office to that
person's campaign committee as a candidate for state elective office.

(3)
No campaign committee of a person who is a candidate for state
elective office and who previously sought nomination or election to a
federal office shall accept any funds or assets from that person's
federal campaign committee for that person's nomination or election
to the federal office.

(T)(1)
Except as otherwise provided in division (B)(6)(c) of section
3517.102 of the Revised Code, a state or county political party shall
not disburse moneys from any account other than a state candidate
fund to make contributions to any of the following:

(a)
A state candidate fund;

(b)
A legislative campaign fund;

(c)
A campaign committee of a candidate for the office of governor,
lieutenant governor, secretary of state, auditor of state, treasurer
of state, attorney general,
member
of the state board of education,
or
member of the general assembly.

(2)
No state candidate fund, legislative campaign fund, or campaign
committee of a candidate for any office described in division
(T)(1)(c) of this section shall knowingly accept a contribution in
violation of division (T)(1) of this section.

(U)
No person shall fail to file a statement required under section
3517.12 of the Revised Code.

(V)
No campaign committee shall fail to file a statement required under
division (K)(3) of section 3517.10 of the Revised Code.

(W)(1)
No foreign national shall, directly or indirectly through any other
person or entity, make a contribution, expenditure, or independent
expenditure or promise, either expressly or implicitly, to make a
contribution, expenditure, or independent expenditure in support of
or opposition to a candidate for any elective office in this state,
including an office of a political party.

(2)
No candidate, campaign committee, political action committee,
political contributing entity, legislative campaign fund, state
candidate fund, political party, or separate segregated fund shall
solicit or accept a contribution, expenditure, or independent
expenditure from a foreign national. The secretary of state may
direct any candidate, committee, entity, fund, or party that accepts
a contribution, expenditure, or independent expenditure in violation
of this division to return the contribution, expenditure, or
independent expenditure or, if it is not possible to return the
contribution, expenditure, or independent expenditure, then to return
instead the value of it, to the contributor.

(3)
As used in division (W) of this section, "foreign national"
has the same meaning as in section 441e(b) of the Federal Election
Campaign Act.

(X)(1)
No state or county political party shall transfer any moneys from its
restricted fund to any account of the political party into which
contributions may be made or from which contributions or expenditures
may be made.

(2)(a)
No state or county political party shall deposit a contribution or
contributions that it receives into its restricted fund.

(b)
No state or county political party shall make a contribution or an
expenditure from its restricted fund.

(3)(a)
No corporation or labor organization shall make a gift or gifts from
the corporation's or labor organization's money or property
aggregating more than ten thousand dollars to any one state or county
political party for the party's restricted fund in a calendar year.

(b)
No state or county political party shall accept a gift or gifts for
the party's restricted fund aggregating more than ten thousand
dollars from any one corporation or labor organization in a calendar
year.

(4)
No state or county political party shall transfer any moneys in the
party's restricted fund to any other state or county political party.

(5)
No state or county political party shall knowingly fail to file a
statement required under section 3517.1012 of the Revised Code.

(Y)
The administrator of workers' compensation and the employees of the
bureau of workers' compensation shall not conduct any business with
or award any contract, other than one awarded by competitive bidding,
for the purchase of goods costing more than five hundred dollars or
services costing more than five hundred dollars to any individual,
partnership, association, including, without limitation, a
professional association organized under Chapter 1785. of the Revised
Code, estate, or trust, if the individual has made, or the
individual's spouse has made, or any partner, shareholder,
administrator, executor, or trustee, or the spouses of any of those
individuals has made, as an individual, within the two previous
calendar years, one or more contributions totaling in excess of one
thousand dollars to the campaign committee of the governor or
lieutenant governor or to the campaign committee of any candidate for
the office of governor or lieutenant governor.

(Z)
The administrator of workers' compensation and the employees of the
bureau of workers' compensation shall not conduct business with or
award any contract, other than one awarded by competitive bidding,
for the purchase of goods costing more than five hundred dollars or
services costing more than five hundred dollars to a corporation or
business trust, except a professional association organized under
Chapter 1785. of the Revised Code, if an owner of more than twenty
per cent of the corporation or business trust, or the spouse of the
owner, has made, as an individual, within the two previous calendar
years, taking into consideration only owners for all of such period,
one or more contributions totaling in excess of one thousand dollars
to the campaign committee of the governor or lieutenant governor or
to the campaign committee of any candidate for the office of governor
or lieutenant governor.

Sec.

3517.152

3517.14
.

(A)(1)
There is
hereby
created
in
the office of the secretary of state
the
Ohio
elections

election
integrity
commission
,

consisting of
seven

the
following five
members
:

(a)
A chairperson appointed by the secretary of state;

(b)
One member appointed by the speaker of the house of representatives;

(c)
One member appointed by the minority leader of the house of
representatives;

(d)
One member appointed by the president of the senate;

(e)
One member appointed by the senate minority leader
.

Not
later than forty-five days after August 24, 1995, the speaker of the
house of representatives and the leader in the senate of the
political party of which the speaker is a member shall jointly submit
to the governor a list of five persons who are affiliated with that
political party. Not later than forty-five days after August 24,
1995, the two legislative leaders in the two houses of the general
assembly of the major political party of which the speaker is not a
member shall jointly submit to the governor a list of five persons
who are affiliated with the major political party of which the
speaker is not a member. Not later than fifteen days after receiving
each list, the governor shall appoint three persons from each list to
the commission. The governor shall appoint one person from each list
to a term that ends on December 31, 1996, one person from each list
to a term that ends on December 31, 1997, and one person from each
list to a term that ends on December 31, 1998.

Not
later than thirty days after the governor appoints these six members,
they shall, by a majority vote, appoint to the commission a seventh
member, who shall not be affiliated with a political party. If the
six members fail to appoint the seventh member within this thirty-day
period, the chief justice of the supreme court, not later than thirty
days after the end of the period during which the six members were
required to appoint a member, shall appoint the seventh member, who
shall not be affiliated with a political party. The seventh member
shall be appointed to a term that ends on December 31, 2001. Terms of
the initial members appointed under this division begin on January 1,
1996.

(2)(a)
If a vacancy occurs in the position of the seventh member, who is not
affiliated with a political party, the six remaining members by a
majority vote shall appoint, not later than forty-five days after the
date of the vacancy, the seventh member of the commission, who shall
not be affiliated with a political party. If these members fail to
appoint the seventh member within this forty-five-day period, the
chief justice of the supreme court, within fifteen days after the end
of this period, shall appoint the seventh member, who shall not be
affiliated with a political party.

(b)
If a vacancy occurs in any of the other six positions on the
commission, the legislative leaders of the political party from whose
list of persons the member being replaced was appointed shall submit
to the governor, not later than thirty days after the date of the
vacancy, a list of three persons who are affiliated with that
political party. Not later than fifteen days after receiving the
list, the governor, with the advice and consent of the senate, shall
appoint one person from the list to the commission.

(3)(a)
For the purpose of appointing alternates to the commission, not later
than forty-five days after the effective date of this section, the
speaker of the house of representatives and the leader in the senate
of the political party of which the speaker is a member shall jointly
submit to the governor a list of three persons who are affiliated
with that political party. Not later than forty-five days after the
effective date of this section, the two legislative leaders in the
two houses of the general assembly of the major political party of
which the speaker is not a member shall jointly submit to the
governor a list of three persons who are affiliated with the major
political party of which the speaker is not a member. Not later than
fifteen days after receiving each list, the governor shall appoint
one person from each list as an alternate to the commission to a term
that ends on December 31, 2026. The initial term described in this
division begins upon appointment by the governor. If a vacancy occurs
in the position of alternate under this division, the vacancy shall
be filled in the same manner as described in division (A)(2)(b) of
this section.

(b)
For the purpose of appointing an alternate for the seventh member who
is not affiliated with a political party, the six members who are
affiliated with a political party by a majority vote shall appoint,
not later than forty-five days after the effective date of this
amendment, the alternate for the seventh member of the commission,
who shall not be affiliated with a political party. If these members
fail to appoint the alternate for the seventh member within this
forty-five-day period, the chief justice of the supreme court, within
fifteen days after the end of that period, shall appoint the
alternate for the seventh member, who shall not be affiliated with a
political party. The seventh member shall be appointed to a term that
ends on December 31, 2026. The initial term described in this
division begins upon the appointment of the alternate. If a vacancy
occurs in the position of alternate for the seventh member who is not
affiliated with a political party, the vacancy shall be filled in the
same manner as described in division (A)(2)(a) of this section.

(4)
At no time shall more than six members of the commission be
affiliated with a political party, and, of these six members, not
more than three shall be affiliated with the same political party.

(5)
In making appointments to the commission, including alternates, the
governor shall take into consideration the various geographic areas
of this state and shall appoint members and alternates so that those
areas are represented on the commission in a balanced manner, to the
extent feasible.

(6)
Members and alternates
(2)(a)
Subject to division (A)(2)(b) of this section, each member
of
the commission shall be
a

registered

electors
and shall be of good moral character

elector
to whom at least one of the following applies:

(i)
The person is an attorney in good standing before the supreme court
of Ohio.

(ii)
The person has at least four years of work experience in election
administration
.

(7)
Alternates shall serve on the commission when a member of the
commission is recused from hearing a complaint or is otherwise unable
to hear a complaint. Alternates shall serve on the commission during
a vacancy until the vacancy is filled. An alternate may only serve in
lieu of a member affiliated with the same political party as the
alternate. The alternate for the unaffiliated seventh member of the
commission may only serve in lieu of the unaffiliated seventh member
of the commission. When serving in this capacity, alternates count as
members of the commission for the purpose of constituting a quorum
under division (G)(3) of this section.

(b)
At all times, at least three members of the commission shall be
attorneys in good standing before the supreme court of Ohio. If, at
any time that multiple appointments to the commission are made
simultaneously, too few of the intended appointees are attorneys, the
following appointing officials shall have priority in selecting their
preferred appointees who are not attorneys, in the order stated, and
the appointing officials with lower priority shall select appointees
who are attorneys: the secretary of state, the speaker of the house
of representatives, the president of the senate, the senate minority
leader, and the house minority leader.

(3)
The members of the commission appointed under divisions (A)(1)(a),
(c), and (d) of this section shall serve initial terms of four years
beginning on January 1, 2026, and the members appointed under
divisions (A)(1)(b) and (e) of this section shall serve initial terms
of two years beginning on January 1, 2026. Thereafter, all terms
shall be four years.

(B)
Each member
and
alternate
of
the
Ohio
elections
commission
shall hold office from the date of the member's appointment until the
end of the term for which the member was appointed. A member
appointed to fill a vacancy occurring prior to the expiration of the
term for which the member's predecessor was appointed shall hold
office for the remainder of that term. A member shall continue in
office subsequent to the expiration date of the member's term until
the member's successor takes office or until a period of sixty days
has elapsed, whichever occurs first.

After
the initial terms of office provided for in divisions (A)(1) and (3)
of this section, terms of office shall be for five years.

(C)
A vacancy
in

on

the

Ohio
elections
commission
may be caused by death
,

or

resignation
,

or
three
absences from commission meetings in a calendar year if those
absences are caused by reasons declared invalid by a vote of five
members of the remaining members of the commission
by
removal under division (I) of this section
.

Any
vacancy shall be filled in the same manner as for the original
appointment.

(D)
Each member of the
Ohio
elections
commission
while in the performance of the business of the commission shall be
entitled to receive compensation at the rate of twenty-five thousand
dollars per year. Members shall be reimbursed for expenses actually
and necessarily incurred in the performance of their duties.

Each
alternate of the Ohio elections commission, when serving on the
commission as described in division (A)(7) of this section, shall be
paid at the per diem rate of one hundred fifty dollars, and shall be
reimbursed for expenses actually and necessarily incurred in the
performance of the alternate's duties.

(E)
No member of the
Ohio
elections
commission
shall serve
for

more
than

one
full term unless the terms served are served nonconsecutively

two
successive terms of four years
.

Terms
are considered successive unless separated by a period of at least
four years. In determining a person's eligibility to be a member of
the commission, all of the following apply:

(1)
Time spent as a member in fulfillment of a term to which another
person was first appointed shall not be considered, provided that a
period of at least four years has passed between the time, if any,
when the person previously was a member and the time the person is
appointed to fulfill the unexpired term.

(2)
A person who is appointed to serve a full term and resigns before
completing the term is considered to have served the full term.

(3)
A two year term served under division (A)(3) of this section is
considered a full term of four years.

(F)(1)
No member
or
alternate
of
the Ohio
elections

election
integrity
commission
shall do or be any of the following:

(a)
Hold, or be a candidate for, a public office;

(b)
Serve on a committee supporting or opposing a candidate or ballot
question or issue;

(c)
Be an officer of the state central committee, a county central
committee, or a district, city, township, or other committee of a
political party or an officer of the executive committee of the state
central committee, a county central committee, or a district, city,
township, or other committee of a political party;

(d)
Be a legislative agent as defined in section 101.70 of the Revised
Code or an executive agency lobbyist as defined in section 121.60 of
the Revised Code;

(e)
Solicit or be involved in soliciting contributions on behalf of a
candidate, campaign committee, political party, political action
committee, or political contributing entity;

(f)
Be in the unclassified service under section 124.11 of the Revised
Code;

(g)
Be a person or employee who is excluded from the definition of public
employee pursuant to division (C) of section 4117.01 of the Revised
Code.

(2)
No member
,
alternate, or employee

of the commission shall make a contribution to, or for the benefit
of, a campaign committee or committee in support of or opposition to
a ballot question or issue, a political party, a legislative campaign
fund, a political action committee, or a political contributing
entity.

(G)(1)

The
members of the Ohio elections commission shall elect a chairperson
and a vice-chairperson. At no time shall the chairperson and
vice-chairperson be affiliated with the same political party. The
chairperson shall serve in that capacity for one year and shall not
serve as chairperson more than twice during a term as a member of the
commission. No two successive chairpersons shall be affiliated with
the same political party.

(2)

The
commission shall meet at the call of the chairperson or upon the
written request of a majority of the members. The meetings and
hearings of the commission
or
a panel of the commission
under
sections
3517.153
to 3517.157
3517.15
to 3517.18
of
the Revised Code are subject to section 121.22 of the Revised Code.

(3)

(2)

The
commission shall adopt rules for its procedures in accordance with
Chapter 119. of the Revised Code.
Five

Four

of
the
seven

five

members
constitute a quorum. Except as otherwise provided in this section and
in sections
3517.154
to 3517.157
3517.15
to 3517.18
of
the Revised Code, no action shall be taken without the concurrence of
a majority of the members.

(H)(1)

(H)

The

Ohio
elections commission

secretary
of state
shall
employ the technical, professional, and clerical employees that are
necessary for
it

the
commission
to
carry out its duties
,
and the attorney general shall provide legal counsel to the
commission upon the commission's request
.

(2)(a)
Notwithstanding section 109.02 of the Revised Code, the commission
shall employ a full-time attorney, and, as needed, one or more
investigatory attorneys to conduct investigations for the commission
or a panel of the commission. The commission may employ or contract
for the services of additional attorneys, as needed. The full-time
attorney shall do all of the following:

(i)
Serve as the commission's attorney in regard to all legal matters,
including representing the commission at appeals from a final
determination of the commission, except that the full-time attorney
shall not perform the duties that an investigatory attorney is
required or requested to perform or that another attorney the
commission employs or contracts with for services is required or
requested to perform, and shall not represent the commission in any
legal proceeding in which the commission is a named party;

(ii)
At the request of the commission or a panel of the commission, be
present at a hearing held under sections 3517.154 to 3517.156 of the
Revised Code to rule on the admissibility of evidence and to advise
on the conduct of procedure;

(iii)
Perform other duties as required by rule of the commission.

(b)
An attorney employed by or under contract with the commission shall
be licensed to practice law in this state.

(3)(a)
Except as otherwise provided in division (H)(3)(b) of this section,
at least five members of the commission shall agree on the employment
of a person, a majority of the members shall agree on the discharge
of an employee, and a person employed by the commission shall serve
at the pleasure of the commission.

(b)
At least five of the seven members shall agree on the discharge of an
investigatory attorney.

(I)
There is hereby created in the state treasury the Ohio elections
commission fund. All moneys credited to the fund shall be used solely
for the purpose of paying expenses related to the operation of the
Ohio elections commission.
(I)(1)
The secretary of state, the speaker or minority leader of the house
of representatives, or the president or minority leader of the senate
may file a complaint in the supreme court of Ohio, seeking the
removal of a member of the commission on any of the following
grounds:

(a)
That the member does not meet the applicable requirements of division
(A)(2) of this section;

(b)
That the member has violated division (F) of this section;

(c)
That the member has been absent from three or more meetings of the
commission in a calendar year;

(d)
That the member is guilty of misconduct in office, as described in
section 3.07 of the Revised Code.

(2)
The court shall hear a complaint filed with it under division (I)(1)
of this section on an expedited basis. If the court determines that
the charges in the complaint are true, the court shall order the
member removed from the commission, and the seat shall be considered
vacant.

Sec.

3517.153

3517.15
.

(A)
Upon the filing of a complaint with the Ohio elections commission,
which shall be made by affidavit of any person, on personal
knowledge, and subject to the penalties for perjury, or upon the
filing of a complaint made by the secretary of state or an official
at the board of elections, setting forth a failure to comply with or
a violation of any provision in sections 3517.08 to 3517.13, 3517.20
to 3517.22, 3599.03, or 3599.031 of the Revised Code, the commission
shall proceed in accordance with sections 3517.154 to 3517.157 of the
Revised Code.

(B)
The commission shall prescribe the form for complaints made under
division (A) of this section. The secretary of state and boards of
elections shall furnish the information that the commission requests.
The commission or a member of the commission may administer oaths,
and the commission may issue subpoenas to any person in the state
compelling the attendance of witnesses and the production of relevant
papers, books, accounts, and reports. Section 101.42 of the Revised
Code governs the issuance of subpoenas insofar as applicable. Upon
the refusal of any person to obey a subpoena or to be sworn or to
answer as a witness, the commission may apply to the court of common
pleas of Franklin county under section 2705.03 of the Revised Code.
The court shall hold proceedings in accordance with Chapter 2705. of
the Revised Code.

(C)

(A)(1)

No
prosecution shall commence for a violation of a provision in sections

145.054,
742.043, 3307.073, 3309.073,
3517.08
to
3517.12,

3517.13,

3517.17,
3517.18,
3517.20
to 3517.22, 3599.03,
or

3599.031
,
or 5505.045

of the Revised Code unless a complaint has been filed with the

commission

secretary
of state
under

this

section

3517.16
of the Revised Code
and
all proceedings
of
the commission or a panel of the commission, as appropriate,
under
sections
3517.154
to 3517.157
3517.16
to 3517.18
of
the Revised Code are completed.

(D)

(2)
A complaint may be filed with the secretary of state under section
3517.16 of the Revised Code for a violation of a provision in
sections 3501.35, 3599.13, 3599.14, or 3599.21, division (A) of
section 3599.11, or division (A)(1) or (2) of section 3599.12 of the
Revised Code that occurs on or after the effective date of this
amendment. A prosecution may commence for a violation of such a
provision at any time before or after a complaint has been filed with
the secretary of state under section 3517.16 of the Revised Code.

(B)(1)
The Ohio election integrity commission shall hear all matters
referred to the commission by the secretary of state under division
(E)(3) of section 3517.16 of the Revised Code.

(2)

The
commission may recommend legislation and render advisory opinions
concerning
sections
3517.08, 3517.082, 3517.092, 3517.102, 3517.105, 3517.1014, 3517.13,
3517.20 to 3517.22, 3599.03, and 3599.031
the
provisions
of
the Revised Code
listed
in division (A) of this section
for
persons over whose acts
it

the
commission
has
or may have jurisdiction. When the commission renders an advisory
opinion relating to a specific set of circumstances involving any of
those sections stating that there is no violation of a provision in
those sections, the person to whom the opinion is directed or a
person who is similarly situated may reasonably rely on the opinion
and is immune from criminal prosecution and a civil action,
including, without limitation, a civil action for removal from public
office or employment, based on facts and circumstances covered by the
opinion.
An
advisory opinion issued by the Ohio elections commission that is in
effect as of the effective date of this amendment is considered an
advisory opinion of the Ohio election integrity commission, unless
and until the Ohio election integrity commission amends or rescinds
the advisory opinion.

(E)

(C)
The secretary of state and the boards of elections shall furnish the
information that the commission requests. The commission or a member
of the commission may administer oaths, and the commission may issue
subpoenas to any person in the state compelling the attendance of
witnesses and the production of relevant papers, books, accounts, and
reports. Section 101.42 of the Revised Code governs the issuance of
subpoenas insofar as applicable. Upon the refusal of any person to
obey a subpoena or to be sworn or to answer as a witness, the
commission may apply to the court of common pleas of Franklin county
under section 2705.03 of the Revised Code. The court shall hold
proceedings in accordance with Chapter 2705. of the Revised Code.

(D)

The

Ohio
election integrity
commission
shall establish a web site on which it shall post, at a minimum, all
decisions and advisory opinions issued by the commission
,
all decisions and advisory opinions issued by the Ohio elections
commission before the effective date of this amendment,

and copies of each election law as it is amended by the general
assembly. The
Ohio
election integrity
commission
shall update the web site regularly to reflect any changes to those
decisions and advisory opinions and any new decisions and advisory
opinions.

Sec.

3517.154

3517.16
.

(A)(1)

The
full-time attorney for the Ohio elections commission shall review
each complaint filed with the commission under section 3517.153 of
the Revised Code, shall determine the nature of the complaint, and,
unless division (A)(2)(a) of this section requires that the complaint
receive an automatic expedited hearing, shall make a recommendation
to the commission for its disposition, in accordance with this
section. The attorney shall make the determination and the
recommendation, if required, not later than one business day after
the complaint is filed.

(2)(a)
If the attorney determines that the complaint sets forth a violation
of division (B) of section 3517.21 or division (B) of section 3517.22
of the Revised Code and that the complaint is filed during one of the
periods of time specified in division (B)(1) of section 3517.156 of
the Revised Code, the complaint shall receive an automatic expedited
hearing under section 3517.156 of the Revised Code.

(b)
If the attorney determines that the complaint sets forth a failure to
comply with or a violation of division (G), (I), (J), (O), (P), or
(Q) of section 3517.13, division (A) of section 3517.21, or division
(A) of section 3517.22 of the Revised Code and that the complaint is
filed during one of the periods of time specified in division (B)(1)
of section 3517.156 of the Revised Code, the attorney shall recommend
to the commission that the complaint receive an expedited hearing
under section 3517.156 of the Revised Code, and the complaint shall
receive such a hearing.

(c)
If the attorney determines that the complaint sets forth a failure to
comply with or a violation of a section of the Revised Code over
which the commission has jurisdiction to hear complaints other than
the sections described in divisions (A)(2)(a) and (b) of this
section, and unless the attorney makes a determination as provided
for in division (A)(3) of this section, the attorney shall recommend
to the commission that the complaint be submitted to the commission
under section 3517.155 of the Revised Code. After the attorney makes
that recommendation, the attorney shall notify all parties to the
complaint of the attorney's recommendation.

(3)(a)
If a complaint sets forth a failure to comply with or a violation of
a section of the Revised Code over which the commission has
jurisdiction to hear complaints other than the sections described in
divisions (A)(2)(a) and (b) of this section and if the complaint is
filed during one of the periods of time specified in division (B)(1)
of section 3517.156 of the Revised Code, the attorney may determine
that the complaint should receive an expedited hearing under that
section. The attorney shall make that determination by considering
one or more of the following:

(i)
The number of prior failures to comply with or violations of Title
XXXV of the Revised Code that the person or entity against whom the
complaint has been brought has committed and any prior penalties the
commission has imposed on the person or entity;

(ii)
If the complaint involves a statement required to be filed under
section 3517.10, division (E) of section 3517.102, or section
3517.105, 3517.107, 3517.108, 3517.109, 3517.1011, 3517.1012, or
3517.1014 of the Revised Code or an addendum required to be filed
under section 3517.11 of the Revised Code that is filed late, how
late the filing is and how much time has elapsed between the deadline
for filing the statement or addendum and the filing of the complaint;

(iii)
If the complaint involves contributions and expenditures,
contributions and disbursements, deposits and disbursements, gifts
and disbursements, or donations and disbursements required to be
reported under section 3517.10, division (E) of section 3517.102, or
section 3517.105, 3517.107, 3517.108, 3517.109, 3517.1011, 3517.1012,
3517.1013, or 3517.1014 of the Revised Code that are either not
reported or reported late, the number of contributions and
expenditures, contributions and disbursements, deposits and
disbursements, gifts and disbursements, or donations and
disbursements not reported or how late they were reported;

(iv)
If the complaint involves contributions required to be reported by a
campaign committee under section 3517.10, division (E) of section
3517.102, or section 3517.105, 3517.107, 3517.108, or 3517.109 of the
Revised Code that are not reported, whether any of the contributors
of the contributions not reported have a personal or professional
relationship with the campaign committee's candidate;

(v)
If the complaint involves a statement required to be filed under
section 3517.10, division (E) of section 3517.102, or section
3517.105, 3517.107, 3517.108, 3517.109, 3517.1011, 3517.1012,
3517.1013, or 3517.1014 of the Revised Code that is incomplete, the
degree to which it is incomplete;

(vi)
If the complaint involves the receipt of contributions in violation
of section 3599.03 of the Revised Code, the dollar amount and number
of contributions received in violation of that section;

(vii)
If the complaint involves a failure to make the identification or a
misstatement of the identification required under section 3517.105 or
3517.20 of the Revised Code, whether the failure or misstatement was
purposely made;

(viii)
If the complaint sets forth a failure to comply with or a violation
of a section of the Revised Code described in division (A)(2)(c) of
this section, whether the person or entity against whom the complaint
has been made has committed more than one such failure or violation
within a reasonable amount of time, or whether the cumulative nature
of the failures or violations indicates a systematic disregard for
the law.

(b)
Prior to making a determination under division (A)(3)(a) of this
section that the complaint should receive an expedited hearing under
section 3517.156 of the Revised Code, the attorney shall take into
consideration the number of panels of the commission that have cases
pending before them and the number of cases pending before the panels
and shall not make a determination that will place an undue burden on
a panel of the commission.

(c)
If the attorney determines that the complaint should receive an
expedited hearing under section 3517.156 of the Revised Code, the
attorney shall recommend to the commission that the complaint receive
an expedited hearing, and, if a majority of the members of the
commission agrees with the recommendation, the complaint shall
receive an expedited hearing under that section.

(4)

(A)(1)
Any person who has personal knowledge of a violation of a provision
of the Revised Code listed in division (A) of section 3517.15 of the
Revised Code may file a complaint with the secretary of state, on a
form prescribed by the secretary of state and signed under penalty of
perjury.

(2)
An official at a board of elections may file a complaint with the
secretary of state, on a form prescribed by the secretary of state
and signed under penalty of perjury, alleging a violation of a
provision of the Revised Code listed in division (A) of section
3517.15 of the Revised Code.

(3)
The election integrity unit of the office of the secretary of state
may initiate a complaint alleging a violation of a provision of the
Revised Code listed in division (A) of section 3517.16 of the Revised
Code.

(B)(1)
Subject to division (F) of this section, the election integrity unit
shall review each complaint filed with the secretary of state under
division (A)(1) or (2) of this section. If the complaint does not
allege a violation of a provision of the Revised Code listed in
division (A) of section 3517.15 of the Revised Code or, in the case
of a complaint filed under division (A)(1) of this section, is not
based on personal knowledge, the secretary of state shall dismiss the
complaint. Except as otherwise provided in division (B)(2) of this
section, a dismissal under this division is without prejudice.

(2)
After a complaint is dismissed under division (B)(1) of this section
on the ground that the complaint is not based on personal knowledge,
if the same person files another complaint alleging the same or a
substantially similar violation and the complaint is not based on
personal knowledge, the secretary of state shall dismiss the
complaint with prejudice.

(3)
If the complaint is not dismissed under division (B)(1) or (2) of
this section, the election integrity unit shall investigate the
complaint.

(C)
Subject to division (F) of this section, the election integrity unit
shall draft a report to the secretary of state concerning each
complaint filed under division (A) of this section that is not
dismissed under division (B) of this section. The report shall
recommend that the secretary of state make a particular finding and,
if applicable, impose a fine or refer the matter for prosecution, in
accordance with section 3517.17 of the Revised Code.

(D)

The

attorney

election
integrity unit
may
join two or more complaints if the
attorney

unit

determines
that the allegations in each complaint are of the same or similar
character, are based on the same act or failure to act, or are based
on two or more acts or failures to act constituting parts of a common
scheme or plan. If one complaint contains two or more allegations,
the
attorney

unit

may
separate the allegations if they are not of the same or similar
character, if they are not based on the same act or failure to act,
or if they are not based on two or more acts or failures to act
constituting parts of a common scheme or plan. If the
attorney

unit

separates
the allegations in a complaint, the
attorney

unit

may
make separate recommendations under division
(A)(2)
or (3)
(C)

of
this section for each allegation.

(B)
Whenever a person or other entity files a complaint with the
commission setting forth a failure to comply with or a violation of a
section of the Revised Code as described in division (A)(2)(c) of
this section and the complaint is filed during one of the periods of
time specified in division (B)(1) of section 3517.156 of the Revised
Code, the person or entity may request an expedited hearing under
that section at the time the complaint is filed. The attorney for the
commission shall inform the members of the commission of that request
at the time the attorney makes a recommendation under division (A) of
this section. The commission may grant the request for an expedited
hearing under this division if it determines that an expedited
hearing is practicable.
(E)(1)
Upon receiving the recommendation of the election integrity unit
under division (C) of this section, the secretary of state shall
review the report and recommendation and shall do one of the
following:

(a)
Refer the matter back to the unit for further investigation and a
revised recommendation under division (C) of this section;

(b)
Make a finding in accordance with section 3517.17 of the Revised
Code, and, if applicable, impose a fine or refer the matter for
prosecution.

(2)
The secretary of state shall serve notice of the secretary of state's
decision under division (E)(1)(b) of this section on the person who
is alleged to have committed the violation in accordance with section
119.05 of the Revised Code.

(3)
If, within fourteen days after service of the notice is complete
under section 119.05 of the Revised Code, the person objects to the
secretary of state's decision, the secretary of state shall not
impose a fine or refer the matter for prosecution, and immediately
shall refer the matter to the Ohio election integrity commission for
its determination under section 3517.17 of the Revised Code.

(4)
If the person does not object to the secretary of state's decision
within fourteen days after receiving the notice, the secretary of
state's decision is final and, if applicable, the secretary of state
shall impose a fine or refer the matter for prosecution as determined
under division (E)(1)(b) of this section.

(F)(1)
If any of the following apply to a complaint, the secretary of state
shall proceed under division (F)(2) of this section:

(a)
The secretary of state is a party to the complaint.

(b)
A candidate for an office for which the secretary of state is also a
candidate is a party to the complaint or is otherwise involved in the
complaint.

(c)
The complaint involves a contribution, expenditure, or independent
expenditure made to advocate the election or defeat of the secretary
of state or a candidate for an office for which the secretary of
state is also a candidate.

(d)
The secretary of state determines that the secretary of state
otherwise has a conflict of interest with respect to the complaint or
that the secretary of state should proceed under division (F)(2) of
this section to avoid any appearance of impropriety.

(2)
Notwithstanding any contrary provision of divisions (B) to (E) of
this section, when division (F)(1) of this section applies to a
complaint, the secretary of state shall request the attorney general
to designate one or more persons to fulfill the duties of the
election integrity unit described in divisions (B) to (D) of this
section. The attorney general shall designate those persons and shall
fulfill the duties of the secretary of state under divisions (B) to
(D) of this section.

Sec.

3517.155

3517.17
.

(A)(1)

Except
as otherwise provided in division (B) of this section
Upon
the referral of a matter for a hearing under division (E)(3) of
section 3517.16 of the Revised Code
,
the Ohio
elections

election
integrity
commission
shall
hold
its first hearing on a
appoint
an attorney in good standing before the supreme court of Ohio to
review and hear the
complaint

filed

in
accordance
with

it,
other than a complaint that receives an expedited hearing under
section 3517.156 of the Revised Code, not later than ninety business
days after the complaint is filed unless the commission has good
cause to hold the hearing after that time, in which case it shall
hold the hearing not later than one hundred eighty business days
after the complaint is filed
Chapter
119. of the Revised Code
.

At
the hearing, the commission
The
attorney shall draft a report and recommend that the commission make
a finding and, if applicable, impose a fine or refer the matter for
prosecution, in accordance with division (B) of this

section.

(2)
All hearings conducted by the attorney with respect to the matter,
and all meetings of the commission with respect to the matter, shall
be conducted in person, except that the person who is alleged to have
committed the violation may choose for the person, the person's legal
counsel, or both to appear at any hearing or meeting with respect to
the matter by means of video conference.

(3)
Upon receiving the recommendation of the attorney under division
(A)(1) of this section, the commission shall review the report and
recommendation and shall do one of the following:

(a)
Refer the matter back to the attorney for further investigation and a
revised recommendation under division (A)(1) of this section;

(b)
Make a finding in accordance with division (B) of this section and,
if applicable, impose a fine or refer the matter for prosecution.

(4)
Except as otherwise provided in division (A)(5) of this section, the
commission shall act under division (A)(3)(b) of this section not
later than one hundred eighty days after the matter is referred to
the commission for a hearing under division (E)(3) of section 3517.16
of the Revised Code.

(5)
If the matter is referred to the commission for a hearing under
division (E)(3) of section 3517.16 of the Revised Code less than one
hundred eighty days before an election and the matter involves a
candidate for nomination or election at the election or involves a
ballot issue or question that appears on the ballot at the election,
then if practicable, the commission shall act under division
(A)(3)(b) of this section before the day of the election.

(B)(1)
Except as otherwise provided in division (B)(2) of this section, the
secretary of state or the commission, as applicable,
shall
determine
by
a preponderance of the evidence
whether
or not
the
failure to act or the
a

violation
alleged in
the

a

complaint
has occurred and shall do only one of the following
,
except as otherwise provided in division (B) of this section or in
division (B) of section 3517.151 of the Revised Code
:

(a)

Enter
a finding that good cause has been shown not to impose a fine or not
to refer the matter to the appropriate prosecutor
Find
that no violation has occurred
;

(b)

Impose

Find
that a violation has occurred and impose
a
fine under section
3517.993

3517.171

of
the Revised Code;

(c)

Refer

Find
that a significant violation has occurred or that repeated violations
have occurred and refer
the
matter to the appropriate prosecutor
;
,
as determined under division (C) of this section.

(2)

As
used in
In
the case of a complaint that alleges a violation of division (A) or
(B) of section 3517.21 or division (A) or (B) of section 3517.22 of
the Revised Code, the secretary of state or the commission, as
applicable, shall determine by clear and convincing evidence whether
or not the violation has occurred and shall do only one of the
following:

(a)
Find that no violation has occurred;

(b)
Find that a violation has occurred and refer the matter to the
appropriate prosecutor, as determined under division (C) of this
section.

(C)
For purposes of
division

(A)

(B)

of
this section,
"
the

appropriate
prosecutor
"
means
is

a
prosecutor as defined in section 2935.01 of the Revised Code and
either of the following:

(a)

(1)

In
the case of
a
failure to comply with or
a
violation of law involving a campaign committee or the committee's
candidate, a political party, a legislative campaign fund, a
political action committee, or a political contributing entity, that
is required to file a statement of contributions and expenditures
with the secretary of state under division (A) of section 3517.11 of
the Revised Code, the prosecutor of Franklin county;

(b)

(2)

In
the case of
a
failure to comply with or
a
violation of law involving any other
campaign
committee or committee's candidate, or any other political party,
political action committee, or political contributing entity either

person,
one
of
the following as determined by
the
secretary of state or
the
commission
,
as applicable
:

(i)
The prosecutor of Franklin county;

(ii)
The prosecutor of the county in which the candidacy or ballot
question or issue
,
if applicable,

is submitted to the electors or, if it is submitted in more than one
county, the most populous of those counties
;

(iii)
The prosecutor of the county in which the person resides
.

(B)
If the commission decides that the evidence is insufficient for it to
determine whether or not the failure to act or the violation alleged
in the complaint has occurred, the commission, by the affirmative
vote of five members, may request that an investigatory attorney
investigate the complaint. Upon that request, an investigatory
attorney shall make an investigation in order to produce sufficient
evidence for the commission to decide the matter. If the commission
requests an investigation under this division, for good cause shown
by the investigatory attorney, the commission may extend by sixty
days the deadline for holding its first hearing on the complaint as
required in division (A) of this section.

(C)
The commission shall take one of the actions required under division
(A) of this section not later than thirty days after the close of all
the evidence presented.

(D)(1)
The commission shall make any finding of a failure to comply with or
a violation of law in regard to a complaint that alleges a violation
of division (A) or (B) of section 3517.21, or division (A) or (B) of
section 3517.22 of the Revised Code by clear and convincing evidence.
The commission shall make any finding of a failure to comply with or
a violation of law in regard to any other complaint by a
preponderance of the evidence.

(2)
If the commission finds a violation of division (B) of section
3517.21 or division (B) of section 3517.22 of the Revised Code, it
shall refer the matter to the appropriate prosecutor under division
(A)(1)(c) of this section and shall not impose a fine under division
(A)(1)(b) of this section or section 3517.993 of the Revised Code.

(E)
In an action before the commission or a panel of the commission, if

(D)
If
the
allegations of the complainant are not proved, and
the
secretary of state or
the
commission

takes
the action described in division (A)(1)(a) of this section or a panel
of the commission takes the action described in division (C)(1) of
section 3517.156 of the Revised Code
,
as applicable, determines that no violation has occurred
,

the
secretary of state or
the
commission

or
a panel of the commission
,
as applicable,
may
find that the complaint is frivolous
,

and
,
if the commission or panel so finds, the commission shall
order
the complainant to pay reasonable attorney's fees and to pay the
costs of
the
secretary of state or
the
commission

or
panel as determined by a majority of the members of the commission
,
as applicable
.
The costs paid
to
the commission or panel
under
this division shall be deposited into the Ohio
elections

election
integrity
commission
fund.

Sec.

3517.993

3517.171
.

This
section authorizes the establishment of fines that may be imposed
only with respect to acts or failures to act that occur on and after
August 24, 1995.

(A)

(A)(1)

Except
as otherwise provided in
division
(D)(2)
divisions
(A)(2) and (D)
of

this

section

3517.155
of the Revised Code
,
when section 3517.17 of the Revised Code authorizes the imposition of
an administrative fine
,

the
secretary of state or
the
Ohio
elections

election
integrity
commission

,
as applicable,
may
impose
an

administrative

fines
under division (A)(1)(b) of section 3517.155 of the Revised Code in
accordance with the amounts set forth under sections 3517.992,
3599.03, and 3599.031 of the Revised Code
fine
for each violation that does not exceed the maximum fine a court
could impose for the violation
.

(B)
The commission may suspend all or part of a fine it imposes under
this section upon whatever terms and conditions the commission
considers just.

(C)(1)

(2)
When section 3517.17 of the Revised Code authorizes the imposition of
an administrative fine for a violation of a provision in sections
3501.35, 3599.13, 3599.14, or 3599.21, division (A) of section
3599.11, or division (A)(1) or (2) of section 3599.12 of the Revised
Code, the secretary of state or the commission, as applicable, may
impose an administrative fine of up to one thousand dollars for each
violation.

(B)(1)

The

secretary
of state or the
commission

,
as applicable,
shall
consider any of the following circumstances in determining whether to
impose a maximum fine under
division
(A) of
this
section:

(a)
Whether the violator has been found guilty of any other violation of

section
145.054, 742.043, 3307.073, 3309.073, or 5505.045 or
Title
XXXV of the Revised Code;

(b)
Whether the violation was made knowingly or purposely;

(c)
Whether any relevant statements, addenda, or affidavits required to
be filed have not been filed;

(d)
Whether the violator has any outstanding fines imposed for a
violation of
section
145.054, 742.043, 3307.073, 3309.073, or 5505.045 or
Title
XXXV of the Revised Code;

(e)
Whether the violation occurred during the course of a campaign.

(2)
The
secretary
of state or the
commission

,
as applicable,
shall
consider any of the following circumstances in determining whether to
impose a
minimal

lesser

fine

or
no fine
under

division
(A) of
this
section:

(a)
Whether the violator previously has not been found guilty of any
other violation of
section
145.054, 742.043, 3307.073, 3309.073, or 5505.045 or
Title
XXXV of the Revised Code;

(b)
Whether the violator has promptly corrected the violator's violation;

(c)
Whether the nature and circumstances of the violation merit a
minimum

lesser

fine;

(d)
Whether there are substantial grounds tending to excuse or justify
the violation, although failing to establish a defense to the
violation;

(e)
Whether the violation was not purposely committed.

(3)
The circumstances set forth in divisions
(C)(1)

(B)(1)

and
(2) of this section shall be considered by, but shall not control the
decision of, the
secretary
of state or the
commission

,
as applicable,
in
imposing a fine.

(D)

Notwithstanding
divisions (A), (B), and (C) of this section, when section 3517.17 of
the Revised Code authorizes the imposition of an administrative fine
with respect to an act or failure to act that occurred before the
effective date of this section, the secretary of state or the
commission, as applicable, shall impose the fine authorized under the
Revised Code and, if applicable, under the rules of the Ohio
elections commission, as they existed at the time of the violation.

(E)(1)

Fines
imposed
by
the commission
under
this section shall be
paid

deposited

into
the Ohio
elections

election
integrity
commission
fund

created
by section 111.29 of the Revised Code
.

(2)
The secretary of state shall certify to the attorney general for
collection under section 131.02 of the Revised Code the amount of any
fine imposed by the secretary of state, by the Ohio election
integrity commission, or by the Ohio elections commission under this
section or under a former version of this section that is not paid
within forty-five days after it is imposed.

Sec.

3517.157

3517.18
.

(A)
A complaint shall be filed with the
Ohio
elections commission
secretary
of state under section 3517.16 of the Revised Code
within
two years after the occurrence of the act or failure to act that is
the subject of the complaint, except that if the act or failure to
act involves fraud, concealment, or misrepresentation and was not
discovered during that two-year period, a complaint may be filed
within one year after discovery of such act or failure to act.

(B)
Whoever files a complaint with the
commission

secretary
of state
under
section
3517.153

3517.16

of
the Revised Code may withdraw it at
the
following times:

(1)
If the complaint receives an expedited hearing under section 3517.156
of the Revised Code, at any time prior to the hearing without the
permission of the commission, or at any time after the hearing begins
but only with the permission of the commission;

(2)
If the complaint does not receive an expedited hearing, at
any
time.

(C)

The
commission may dismiss a complaint pending before it or before a
panel of the commission.

(D)
The commission or a panel of the commission shall conduct hearings in
accordance with Chapter 119. of the Revised Code and the Rules of
Civil Procedure, except as they are inconsistent with rules adopted
by the commission.
A
party adversely affected by a final determination of the commission
,
including the secretary of state,

may appeal from the determination under section 119.12 of the Revised
Code.

(E)
The privilege granted to an attorney under section 2317.02 of the
Revised Code shall be granted to the full-time attorney employed by
the commission under division (H)(2) of section 3517.152 of the
Revised Code, and the commission or a panel of the commission shall
be considered the client of that attorney for purposes of that
privilege.

(F)

(D)

The
members of the commission shall not do either of the following except
at a meeting of the commission subject to section 121.22 of the
Revised Code:

(1)
Discuss among themselves a complaint pending before the commission

or
a panel of the commission
;

(2)
Discuss a complaint pending before the commission
or
a panel of the commission
with
a party to the complaint, an attorney representing a party to the
complaint, or an
investigatory

attorney

of
the commission

appointed
to hear the complaint
.

Sec.
3517.20.
(A)
As used in this section:

(1)
"Political publication for or against a candidate" means a
notice, placard, advertisement, sample ballot, brochure, flyer,
direct mailer, or other form of general publication that is designed
to promote the nomination, election, or defeat of a candidate.

(2)
"Political publication for or against an issue" means a
notice, placard, advertisement, sample ballot, brochure, flyer,
direct mailer, or other form of general publication that is designed
to promote the adoption or defeat of a ballot issue or question or to
influence the voters in an election.

(3)
"Public political advertising" means newspapers, magazines,
outdoor advertising facilities, direct mailings, or other similar
types of general public political advertising, or flyers, handbills,
or other nonperiodical printed matter.

(4)
"Statewide candidate" has the same meaning as in section
3517.102 of the Revised Code.

(5)
"Legislative candidate" means a candidate for the office of
member of the general assembly.

(6)
"Local candidate" means a candidate for an elective office
of a political subdivision of this state.

(7)
"Legislative campaign fund" has the same meaning as in
section 3517.01 of the Revised Code.

(8)
"Limited political action committee" means a political
action committee of fewer than ten members.

(9)
"Limited political contributing entity" means a political
contributing entity of fewer than ten members.

(10)
"Designated amount" means one hundred dollars in the case
of a local candidate or a local ballot issue, two hundred fifty
dollars in the case of a legislative candidate, or five hundred
dollars in the case of a statewide candidate or a statewide ballot
issue.

(11)
"To issue" includes to print, post, distribute, reproduce
for distribution, or cause to be issued, printed, posted,
distributed, or reproduced for distribution.

(12)
"Telephone bank" means more than five hundred telephone
calls of an identical or substantially similar nature within any
thirty-day period, whether those telephone calls are made by
individual callers or by recording.

(B)(1)
Except as otherwise provided in division (B)(2) of this section, no
entity shall do any of the following unless the name of the entity
appears in a conspicuous place on or is contained or included within
the publication, communication, or telephone call:

(a)
Issue a form of political publication in support of or opposition to
a candidate or a ballot issue or question;

(b)
Make an expenditure for the purpose of financing political
communications in support of or opposition to a candidate or a ballot
issue or question through public political advertising;

(c)
Utter or cause to be uttered, over the broadcasting facilities of any
radio or television station within this state, any communication in
support of or opposition to a candidate or a ballot issue or question
or any communication that is designed to influence the voters in an
election;

(d)
Conduct a telephone bank for the purpose of supporting or opposing a
candidate or a ballot issue or question or for the purpose of
influencing the voters in an election.

(2)
A limited political action committee or limited political
contributing entity may do any of the following without including its
name in the publication or communication:

(a)
Issue a form of political publication in support of or opposition to
a candidate or a ballot issue or question that does not cost in
excess of the designated amount or that is not issued in cooperation,
consultation, or concert with, or at the request or suggestion of, a
candidate, a campaign committee, a legislative campaign fund, a
political party, a political action committee with ten or more
members, a political contributing entity with ten or more members, or
a limited political action committee or limited political
contributing entity that spends in excess of the designated amount on
a related or the same or similar political publication in support of
or opposition to a candidate or a ballot issue or question;

(b)
Make an expenditure that is not in excess of the designated amount in
support of or opposition to a candidate or a ballot issue or question
or make an expenditure that is not made in cooperation, consultation,
or concert with, or at the request or suggestion of, a candidate, a
campaign committee, a legislative campaign fund, a political party, a
political action committee with ten or more members, a political
contributing entity with ten or more members, or a limited political
action committee or limited political contributing entity that spends
in excess of the designated amount in support of or opposition to the
same candidate or a ballot issue or question, for the purpose of
financing political communications in support of or opposition to
that candidate or a ballot issue or question through public political
advertising.

(C)
If more than one piece of printed matter or printed political
communications are mailed as a single packet, the requirements of
division (B) of this section are met if one of the pieces of printed
matter or printed political communications in the packet contains the
name of the organization or entity that issues or is responsible for
the printed matter or other printed political communications.

(D)
This section does not apply to the transmittal of personal
correspondence that is not reproduced by machine for general
distribution.

(E)
The secretary of state, by rule, may exempt from the requirements of
this section, printed matter and certain other kinds of printed
communications such as campaign buttons, balloons, pencils, or
similar items, the size or nature of which makes it unreasonable to
add an identification or disclaimer.

(F)
The disclaimer or identification described in division (B) of this
section, when paid for by a candidate, legislative campaign fund, or
campaign committee, shall be identified by the words "paid for
by" followed by the name of the entity. The identification or
disclaimer may use reasonable abbreviations for common terms such as
"committee."

The
disclaimer "paid political advertisement" is not sufficient
to meet the requirements of this section.

(G)(1)
No person operating a broadcast station or an organ of printed media
shall broadcast or print a paid political communication that does not
contain the identification required by this section.

(2)
Division (B)(1)(c) of this section does not apply to any
communications made on behalf of a radio or television station or
network by any employee of such radio or television station or
network while acting in the course of the employee's employment.

(H)(1)
No candidate or entity shall use or cause to be used a false,
fictitious, or fraudulent name or address in the making or issuing of
a publication or communication included within the provisions of this
section.

(2)
No political action committee or political contributing entity shall
use or cause to be used, in the making or issuing of a publication or
communication included within the provisions of this section, a name
or address that would lead a reasonable person to believe that the
publication or communication is made by or on behalf of a county
political party, unless the political action committee or political
contributing
committee

entity

has
obtained a written statement, signed by the chairperson of the county
political party's executive committee, granting the political action
committee or political contributing entity permission to act on
behalf of or represent the county political party.

(I)
Before a prosecution may commence under this section, a complaint
shall be filed with the Ohio elections commission under section
3517.153 of the Revised Code. After the complaint is filed, the
commission shall proceed in accordance with sections 3517.154 to
3517.157 of the Revised Code.

Sec.
3517.21.
(A)
No person, during the course of any campaign for nomination or
election to public office or office of a political party, shall
knowingly and with intent to affect the outcome of such campaign do
any of the following:

(1)
Serve, or place another person to serve, as an agent or employee in
the election campaign organization of a candidate for the purpose of
acting to impede the conduct of the candidate's campaign for
nomination or election or of reporting information to the employee's
employer or the agent's principal without the knowledge of the
candidate or the candidate's organization;

(2)
Promise, offer, or give any valuable thing or valuable benefit to any
person who is employed by or is an agent of a candidate or a
candidate's election campaign organization for the purpose of
influencing the employee or agent with respect to the improper
discharge of the employee's or agent's campaign duties or to obtain
information about the candidate or the candidate's campaign
organization.

(B)
No person, during the course of any campaign for nomination or
election to public office or office of a political party, by means of
campaign materials, including sample ballots, an advertisement on
radio or television or in a newspaper or periodical, a public speech,
press release, or otherwise, shall knowingly and with intent to
affect the outcome of such campaign do any of the following:

(1)
Use the title of an office not currently held by a candidate in a
manner that implies that the candidate does currently hold that
office or use the term "re-elect" when the candidate has
never been elected at a primary, general, or special election to the
office for which he or she is a candidate;

(2)
Make a false statement concerning the formal schooling or training
completed or attempted by a candidate; a degree, diploma,
certificate, scholarship, grant, award, prize, or honor received,
earned, or held by a candidate; or the period of time during which a
candidate attended any school, college, community technical school,
or institution;

(3)
Make a false statement concerning the professional, occupational, or
vocational licenses held by a candidate, or concerning any position
the candidate held for which the candidate received a salary or
wages;

(4)
Make a false statement that a candidate or public official has been
indicted or convicted of a theft offense, extortion, or other crime
involving financial corruption or moral turpitude;

(5)
Make a statement that a candidate has been indicted for any crime or
has been the subject of a finding by the Ohio elections commission
,
the secretary of state, or the Ohio election integrity commission

without disclosing the outcome of any legal proceedings resulting
from the indictment or finding;

(6)
Make a false statement that a candidate or official has a record of
treatment or confinement for mental disorder;

(7)
Make a false statement that a candidate or official has been
subjected to military discipline for criminal misconduct or
dishonorably discharged from the armed services;

(8)
Falsely identify the source of a statement, issue statements under
the name of another person without authorization, or falsely state
the endorsement of or opposition to a candidate by a person or
publication;

(9)
Make a false statement concerning the voting record of a candidate or
public official;

(10)
Post, publish, circulate, distribute, or otherwise disseminate a
false statement concerning a candidate, either knowing the same to be
false or with reckless disregard of whether it was false or not, if
the statement is designed to promote the election, nomination, or
defeat of the candidate.

As
used in this section, "voting record" means the recorded
"yes" or "no" vote on a bill, ordinance,
resolution, motion, amendment, or confirmation.

(C)
Before a prosecution may commence under this section, a complaint
shall be filed with the Ohio elections commission under section
3517.153 of the Revised Code. After the complaint is filed, the
commission shall proceed in accordance with sections 3517.154 to
3517.157 of the Revised Code.

Sec.
3517.22.
(A)
No person during the course of any campaign in advocacy of or in
opposition to the adoption of any proposition or issue submitted to
the voters shall knowingly and with intent to affect the outcome of
such campaign do any of the following:

(1)
Serve, or place another person to serve, as an agent or employee in
the election campaign organization of a committee which advocates or
is in opposition to the adoption of any ballot proposition or issue
for the purpose of acting to impede the conduct of the campaign on
the proposition or issue or of reporting information to the
employee's employer or the agent's principal without the knowledge of
the committee;

(2)
Promise, offer, or give any valuable thing or valuable benefit to any
person who is employed by or is an agent of a committee in advocacy
of or in opposition to the adoption of any ballot proposition or
issue, for the purpose of influencing the employee or agent with
respect to the improper discharge of the employee's or agent's
campaign duties or to obtain information about the committee's
campaign organization.

(B)
No person, during the course of any campaign in advocacy of or in
opposition to the adoption of any ballot proposition or issue, by
means of campaign material, including sample ballots, an
advertisement on radio or television or in a newspaper or periodical,
a public speech, a press release, or otherwise, shall knowingly and
with intent to affect the outcome of such campaign do any of the
following:

(1)
Falsely identify the source of a statement, issue statements under
the name of another person without authorization, or falsely state
the endorsement of or opposition to a ballot proposition or issue by
a person or publication;

(2)
Post, publish, circulate, distribute, or otherwise disseminate, a
false statement, either knowing the same to be false or acting with
reckless disregard of whether it was false or not, that is designed
to promote the adoption or defeat of any ballot proposition or issue.

(C)
Before a prosecution may commence under this section, a complaint
shall be filed with the Ohio elections commission under section
3517.153 of the Revised Code. After the complaint is filed, the
commission shall proceed in accordance with sections 3517.154 to
3517.157 of the Revised Code.

Sec.
3517.23.
The
secretary of state shall adopt rules in accordance with Chapter 119.
of the Revised Code that are necessary for the administration and
enforcement of sections 3517.08 to 3517.13,
3517.18,

3517.20
to 3517.22, 3599.03, and 3599.031 of the Revised Code and shall
provide each candidate, political action committee, political
contributing entity, legislative campaign fund, political party, and
person making disbursements to pay the direct costs of producing or
airing electioneering communications with written instructions and
explanations in order to ensure compliance with sections 3517.08 to
3517.13, 3517.20 to 3517.22, 3599.03, and 3599.031 of the Revised
Code.

Sec.

3517.992

3517.99
.

This
section establishes penalties only with respect to acts or failures
to act that occur on and after August 24, 1995.
Except
as otherwise provided in section 3517.991 of the Revised Code:

(A)(1)
A candidate whose campaign committee violates division (A), (B), (C),
(D), or (V) of section 3517.13 of the Revised Code, or a treasurer of
a campaign committee who violates any of those divisions, shall be
fined not more than one hundred dollars for each day of violation.

(2)
Whoever violates division (E) or (X)(5) of section 3517.13 or
division (E)(1) of section 3517.1014 of the Revised Code shall be
fined not more than one hundred dollars for each day of violation.

(B)
An entity that violates division (G)(1) of section 3517.101 of the
Revised Code shall be fined not more than one hundred dollars for
each day of violation.

(C)
Whoever violates division (G)(2) of section 3517.101, division (G) of
section 3517.13, or division (E)(2) or (3) of section 3517.1014 of
the Revised Code shall be fined not more than ten thousand dollars
or, if the offender is a person who was nominated or elected to
public office, shall forfeit the nomination or the office to which
the offender was elected, or both.

(D)
Whoever violates division (F) of section 3517.13 of the Revised Code
shall be fined not more than three times the amount contributed.

(E)
Whoever violates division (H) of section 3517.13 of the Revised Code
shall be fined not more than one hundred dollars.

(F)
Whoever violates division (O), (P), or (Q) of section 3517.13 of the
Revised Code is guilty of a misdemeanor of the first degree.

(G)
A state or county committee of a political party that violates
division (B)(1) of section 3517.18 of the Revised Code as that
section existed before its repeal by H.B. 166 of the 133rd general
assembly shall be fined not more than twice the amount of the
improper expenditure.

(H)
An entity that violates division (H) of section 3517.101 of the
Revised Code shall be fined not more than twice the amount of the
improper expenditure or use.

(I)(1)
Any individual who violates division (B)(1) of section 3517.102 of
the Revised Code and knows that the contribution the individual makes
violates that division shall be fined an amount equal to three times
the amount contributed in excess of the amount permitted by that
division.

(2)
Any political action committee that violates division (B)(2) of
section 3517.102 of the Revised Code shall be fined an amount equal
to three times the amount contributed in excess of the amount
permitted by that division.

(3)
Any campaign committee that violates division (B)(3) or (5) of
section 3517.102 of the Revised Code shall be fined an amount equal
to three times the amount contributed in excess of the amount
permitted by that division.

(4)(a)
Any legislative campaign fund that violates division (B)(6) of
section 3517.102 of the Revised Code shall be fined an amount equal
to three times the amount transferred or contributed in excess of the
amount permitted by that division, as applicable.

(b)
Any state political party, county political party, or state candidate
fund of a state political party or county political party that
violates division (B)(6) of section 3517.102 of the Revised Code
shall be fined an amount equal to three times the amount transferred
or contributed in excess of the amount permitted by that division, as
applicable.

(c)
Any political contributing entity that violates division (B)(7) of
section 3517.102 of the Revised Code shall be fined an amount equal
to three times the amount contributed in excess of the amount
permitted by that division.

(5)
Any political party that violates division (B)(4) of section 3517.102
of the Revised Code shall be fined an amount equal to three times the
amount contributed in excess of the amount permitted by that
division.

(6)
Notwithstanding divisions (I)(1), (2), (3), (4), and (5) of this
section, no violation of division (B) of section 3517.102 of the
Revised Code occurs, and the secretary of state shall not

refer
parties to the Ohio elections commission

file
a complaint under section 3517.16 of the Revised Code
,
if the amount transferred or contributed in excess of the amount
permitted by that division meets either of the following conditions:

(a)
It is completely refunded within five business days after it is
accepted.

(b)
It is completely refunded on or before the tenth business day after
notification to the recipient of the excess transfer or contribution
by the board of elections or the secretary of state that a transfer
or contribution in excess of the permitted amount has been received.

(J)(1)
Any campaign committee that violates division (C)(1), (2), (3), or
(6) of section 3517.102 of the Revised Code shall be fined an amount
equal to three times the amount accepted in excess of the amount
permitted by that division.

(2)(a)
Any county political party that violates division (C)(4)(a)(ii) or
(iii) of section 3517.102 of the Revised Code shall be fined an
amount equal to three times the amount accepted.

(b)
Any county political party that violates division (C)(4)(a)(i) of
section 3517.102 of the Revised Code shall be fined an amount from
its state candidate fund equal to three times the amount accepted in
excess of the amount permitted by that division.

(c)
Any state political party that violates division (C)(4)(b) of section
3517.102 of the Revised Code shall be fined an amount from its state
candidate fund equal to three times the amount accepted in excess of
the amount permitted by that division.

(3)
Any legislative campaign fund that violates division (C)(5) of
section 3517.102 of the Revised Code shall be fined an amount equal
to three times the amount accepted in excess of the amount permitted
by that division.

(4)
Any political action committee or political contributing entity that
violates division (C)(7) of section 3517.102 of the Revised Code
shall be fined an amount equal to three times the amount accepted in
excess of the amount permitted by that division.

(5)
Notwithstanding divisions (J)(1), (2), (3), and (4) of this section,
no violation of division (C) of section 3517.102 of the Revised Code
occurs, and the secretary of state shall not

refer
parties to the Ohio elections commission

file
a complaint under section 3517.16 of the Revised Code
,
if the amount transferred or contributed in excess of the amount
permitted to be accepted by that division meets either of the
following conditions:

(a)
It is completely refunded within five business days after its
acceptance.

(b)
It is completely refunded on or before the tenth business day after
notification to the recipient of the excess transfer or contribution
by the board of elections or the secretary of state that a transfer
or contribution in excess of the permitted amount has been received.

(K)(1)
Any legislative campaign fund that violates division (F)(1) of
section 3517.102 of the Revised Code shall be fined twenty-five
dollars for each day of violation.

(2)
Any legislative campaign fund that violates division (F)(2) of
section 3517.102 of the Revised Code shall give to the treasurer of
state for deposit into the state treasury to the credit of the Ohio

elections

election
integrity
commission
fund all excess contributions not disposed of as required by division
(E) of section 3517.102 of the Revised Code.

(L)
Whoever violates section 3517.105 of the Revised Code shall be fined
one thousand dollars.

(M)(1)
Whoever solicits a contribution in violation of section 3517.092 or
violates division (B) of section 3517.09 of the Revised Code is
guilty of a misdemeanor of the first degree.

(2)
Whoever knowingly accepts a contribution in violation of division (B)
or (C) of section 3517.092 of the Revised Code shall be fined an
amount equal to three times the amount accepted in violation of
either of those divisions and shall return to the contributor any
amount so accepted. Whoever unknowingly accepts a contribution in
violation of division (B) or (C) of section 3517.092 of the Revised
Code shall return to the contributor any amount so accepted.

(N)
Whoever violates division (S) of section 3517.13 of the Revised Code
shall be fined an amount equal to three times the amount of funds
transferred or three times the value of the assets transferred in
violation of that division.

(O)
Any campaign committee that accepts a contribution or contributions
in violation of section 3517.108 of the Revised Code, uses a
contribution in violation of that section, or fails to dispose of
excess contributions in violation of that section shall be fined an
amount equal to three times the amount accepted, used, or kept in
violation of that section.

(P)
Any political party, state candidate fund, legislative candidate
fund, or campaign committee that violates division (T) of section
3517.13 of the Revised Code shall be fined an amount equal to three
times the amount contributed or accepted in violation of that
section.

(Q)
A treasurer of a committee or another person who violates division
(U) of section 3517.13 of the Revised Code shall be fined not more
than two hundred fifty dollars.

(R)
Whoever violates division (I) or (J) of section 3517.13 of the
Revised Code shall be fined not more than one thousand dollars.
Whenever a person is found guilty of violating division (I) or (J) of
section 3517.13 of the Revised Code, the contract awarded in
violation of either of those divisions shall be rescinded if its
terms have not yet been performed.

(S)
A candidate whose campaign committee violates or a treasurer of a
campaign committee who violates section 3517.081 of the Revised Code,
and a candidate whose campaign committee violates or a treasurer of a
campaign committee or another person who violates division (C) of
section 3517.10 of the Revised Code, shall be fined not more than
five hundred dollars.

(T)
A candidate whose campaign committee violates or a treasurer of a
committee who violates division (B) of section 3517.09 of the Revised
Code, or a candidate whose campaign committee violates or a treasurer
of a campaign committee or another person who violates division (C)
of section 3517.09 of the Revised Code shall be fined not more than
one thousand dollars.

(U)
Whoever violates section 3517.20 of the Revised Code shall be fined
not more than five hundred dollars.

(V)
Whoever violates section 3517.21 or 3517.22 of the Revised Code shall
be imprisoned for not more than six months or fined not more than
five thousand dollars, or both.

(W)

A
campaign committee that is required to file a declaration of no
limits under division (D)(2) of section 3517.103 of the Revised Code
that, before filing that declaration, accepts a contribution or
contributions that exceed the limitations prescribed in section
3517.102 of the Revised Code, shall return that contribution or those
contributions to the contributor.

(X)

Any
campaign committee that fails to file the declaration of filing-day
finances required by division (F) of section 3517.109 of the Revised
Code shall be fined twenty-five dollars for each day of violation.

(Y)(1)

(X)(1)

Any
campaign committee that fails to dispose of excess funds or excess
aggregate contributions under division (B) of section 3517.109 of the
Revised Code in the manner required by division (C) of that section
shall give to the treasurer of state for deposit into the Ohio

elections

election
integrity
commission
fund created under
division
(I) of
section

3517.152

111.29

of
the Revised Code all funds not disposed of pursuant to that division.

(2)
Any treasurer of a transition fund that fails to dispose of assets
remaining in the transition fund as required under division (H)(1) or
(2) of section 3517.1014 of the Revised Code shall give to the
treasurer of state for deposit into the Ohio
elections

election
integrity
commission
fund all assets not disposed of pursuant to that division.

(Z)

(Y)

Any
individual, campaign committee, political action committee, political
contributing entity, legislative campaign fund, political party,
treasurer of a transition fund, or other entity that violates any
provision of sections 3517.09 to 3517.12 of the Revised Code for
which no penalty is provided for under any other division of this
section shall be fined not more than one thousand dollars.

(AA)(1)

(Z)(1)

Whoever
knowingly violates division (W)(1) of section 3517.13 of the Revised
Code shall be fined an amount equal to three times the amount
contributed, expended, or promised in violation of that division or
ten thousand dollars, whichever amount is greater.

(2)
Whoever knowingly violates division (W)(2) of section 3517.13 of the
Revised Code shall be fined an amount equal to three times the amount
solicited or accepted in violation of that division or ten thousand
dollars, whichever amount is greater.

(BB)

(AA)

Whoever
knowingly violates division (C) or (D) of section 3517.1011 of the
Revised Code shall be fined not more than ten thousand dollars plus
not more than one thousand dollars for each day of violation.

(CC)(1)

(BB)(1)

Subject
to division
(CC)(2)
(BB)(2)

of this section, whoever violates division (H) of section 3517.1011
of the Revised Code shall be fined an amount up to three times the
amount disbursed for the direct costs of airing the communication
made in violation of that division.

(2)
Whoever has been ordered by the Ohio
elections

election
integrity
commission
or by a court of competent jurisdiction to cease making
communications in violation of division (H) of section 3517.1011 of
the Revised Code who again violates that division shall be fined an
amount equal to three times the amount disbursed for the direct costs
of airing the communication made in violation of that division.

(DD)(1)

(CC)(1)

Any
corporation or labor organization that violates division (X)(3)(a) of
section 3517.13 of the Revised Code shall be fined an amount equal to
three times the amount given in excess of the amount permitted by
that division.

(2)
Any state or county political party that violates division (X)(3)(b)
of section 3517.13 of the Revised Code shall be fined an amount equal
to three times the amount accepted in excess of the amount permitted
by that division.

(EE)(1)

(DD)(1)

Any
campaign committee or person who violates division (C)(1)(b) or (c)
of section 3517.1014 of the Revised Code shall be fined an amount
equal to three times the amount donated in excess of the amount
permitted by that division.

(2)
Any officeholder or treasurer of a transition fund who violates
division (C)(3)(a) or (b) of section 3517.1014 of the Revised Code
shall be fined an amount equal to three times the amount accepted in
excess of the amount permitted by that division.

Sec.
3517.991.
A
person who is convicted of a violation of this chapter or section
145.054, 742.043, 3307.073, 3309.073, 3599.03, 3599.031, or 5505.045
of the Revised Code shall be sentenced under the law as it existed at
the time the violation occurred.

Sec.
3701.021.
(A)
The director of health shall adopt, in accordance with Chapter 119.
of the Revised Code, such rules as are necessary to carry out
sections 3701.021 to 3701.0210 of the Revised Code, including, but
not limited to, rules to establish the following:

(1)
Subject to division (D) of this section, medical and financial
eligibility requirements for the program for children and youth with
special health care needs;

(2)
Subject to division (C) of this section, eligibility requirements for
providers who provide goods and services for the program for children
and youth with special health care needs;

(3)
Procedures to be followed by the department of health in
disqualifying providers for violating requirements adopted under
division (A)(2) of this section;

(4)
Procedures to be used by the department regarding application for
diagnostic services under division (B) of section 3701.023 of the
Revised Code and payment for those services under division (E) of
that section;

(5)
Standards for the provision of service coordination by the department
of health and city and general health districts;

(6)
Procedures for the department to use to determine the amount to be
paid annually by each county for services for children and youth with
special health care needs and to allow counties to retain funds under
divisions (A)(2) and (3) of section 3701.024 of the Revised Code;

(7)
Financial eligibility requirements for services for Ohio residents
twenty-one years of age or older who have cystic fibrosis;

(8)
Criteria for payment of approved providers who provide goods and
services for children and youth with special health care needs;

(9)
Criteria for the department to use in determining whether the payment
of health insurance premiums of participants in the program for
children and youth with special health care needs is cost-effective;

(10)
Procedures for appeal of denials of applications under divisions (A)
and (D) of section 3701.023 of the Revised Code, disqualification of
providers, and amounts paid for services;

(11)
Terms of appointment for members of the children and youth with
special health care needs medical advisory council created in section
3701.025 of the Revised Code;

(12)
Eligibility requirements for the hemophilia program, including income
and hardship requirements;

(13)
If a manufacturer discount program is established under division
(J)(1) of section 3701.023 of the Revised Code, procedures for
administering the program, including criteria and other requirements
for participation in the program by manufacturers of drugs and
nutritional formulas.

(B)
The department of health shall develop a manual of operational
procedures and guidelines for the program for children and youth with
special health care needs to implement sections 3701.021 to 3701.0210
of the Revised Code.

(C)
A medicaid provider, as defined in section 5164.01 of the Revised
Code, is eligible to be a provider of the same goods and services for
the program for children and youth with special health care needs
that the provider is approved to provide for the medicaid program and
the director shall approve such a provider for participation in the
program for children and youth with special health care needs.

(D)
In establishing medical and financial eligibility requirements for
the program for children and youth with special health care needs,
the director of health shall not specify an age restriction that
excludes from eligibility an individual who is
either
of the following:

(1)
Beginning on July 1, 2021, less than twenty-two years of age;

(2)
Beginning on July 1, 2022, less than twenty-three years of age;

(3)
Beginning on July 1, 2023, less than twenty-four years of age;

(4)
Beginning on July 1, 2024, less than twenty-five years of age
less
than twenty-six years of age
.

Sec.
3701.033.
(A)
This section establishes the order of priority to be followed by the
department of health when distributing funds for the purpose of
providing family planning services, including funds the department
receives through the "Maternal and Child Health Block Grant,"
Title V of the "Social Security Act," 95 Stat. 818 (1981),
42 U.S.C. 701, as amended, and funds the department receives through
Title X of the "Public Health Service Act," 84 Stat. 1504
(1970), 42 U.S.C. 300a, as amended. This section does not apply to
grants awarded by the department under section 3701.046 of the
Revised Code.

(B)
With respect to each period during which funds from a particular
source are distributed for the purpose of providing family planning
services, the department is subject to both of the following when
distributing the funds to applicants seeking those funds:

(1)
Foremost priority shall be given to public entities that are operated
by state or local government entities and that provide or are able to
provide family planning services.

(2)
If any funds remain after the department distributes funds to public
entities under division (B)(1) of this section, the department may
distribute funds to nonpublic entities. If funds are distributed to
nonpublic entities, the department shall distribute the funds in the
following order of descending priority:

(a)
Nonpublic entities that are federally qualified health centers or
federally qualified health center look-alikes, both as defined in
section 3701.047 of the Revised Code, or community action agencies,
as defined in section
122.66

5101.311

of
the Revised Code;

(b)
Nonpublic entities that provide comprehensive primary and preventive
care services in addition to family planning services;

(c)
Nonpublic entities that provide family planning services, but do not
provide comprehensive primary and preventive care services.

Sec.
3701.045.
(A)
The department of health, in consultation with the
children's
trust fund board established under section 3109.15 of the Revised
Code
department
of children and youth
and
any bodies acting as child fatality review boards on October 5, 2000,
shall adopt rules in accordance with Chapter 119. of the Revised Code
that establish a procedure for county or regional child fatality
review boards to follow in conducting a review of the death of a
child. The rules shall do all of the following:

(1)
Establish the format for the annual reports required by section
307.626 of the Revised Code;

(2)
Establish guidelines for a county or regional child fatality review
board to follow in compiling statistics for annual reports so that
the reports do not contain any information that would permit any
person's identity to be ascertained from a report;

(3)
Establish guidelines for a county or regional child fatality review
board to follow in creating and maintaining the comprehensive
database of child deaths required by section 307.623 of the Revised
Code, including provisions establishing uniform record-keeping
procedures;

(4)
Establish guidelines for reporting child fatality review data to the
department of health or a national child death review database,
either of which must maintain the confidentiality of information that
would permit a person's identity to be ascertained;

(5)
Establish guidelines, materials, and training to help educate members
of county or regional child fatality review boards about the purpose
of the review process and the confidentiality of the information
described in section 307.629 of the Revised Code and to make them
aware that such information is not a public record under section
149.43 of the Revised Code.

(B)
On or before the thirtieth day of September of each year, the
department of health and the
children's
trust fund board
department
of children and youth
jointly
shall prepare and publish a report organizing and setting forth the
data from the department of health child death review database or the
national child death review database, data in all the reports
provided by county or regional child fatality review boards in their
annual reports for the previous calendar year, and recommendations
for any changes to law and policy that might prevent future deaths.
The department
of
health
and
the
children's
trust fund board
department
of children and youth
jointly
shall provide a copy of the report to the governor, the speaker of
the house of representatives, the president of the senate, the
minority leaders of the house of representatives and the senate, each
county or regional child fatality review board, and each county or
regional family and children first council.

Sec.
3701.511.
None
of the funds appropriated to administer the programs authorized by
sections 3701.501 and 3701.502 of the Revised Code shall be used to
counsel or refer for abortion
,
except in the case of a medical emergency
.

Sec.
3701.79.
(A)
As used in this section and in sections 3701.791 and 3701.792 of the
Revised Code:

(1)
"Abortion" has the same meaning as in section 2919.11 of
the Revised Code.

(2)
"Abortion report" means a form completed pursuant to
division (C) of this section.

(3)
"Ambulatory surgical facility" has the same meaning as in
section 3702.30 of the Revised Code.

(4)
"Department" means the department of health.

(5)
"Hospital" means any building, structure, institution, or
place devoted primarily to the maintenance and operation of
facilities for the diagnosis, treatment, and medical or surgical care
for three or more unrelated individuals having illness, disease,
injury, or deformity, and regularly making available at least
clinical laboratory services, diagnostic x-ray services, treatment
facilities for surgery or obstetrical care, or other definitive
medical treatment. "Hospital" does not include a "home"
as defined in section 3721.01 of the Revised Code.

(6)
"Physician's office" means an office or portion of an
office that is used to provide medical or surgical services to the
physician's patients. "Physician's office" does not mean an
ambulatory surgical facility, a hospital, or a hospital emergency
department.

(7)
"Postabortion care" means care given after the uterus has
been evacuated by abortion.

(B)
The department shall be responsible for collecting and collating
abortion data reported to the department as required by this section.

(C)
The attending physician shall complete an individual abortion report
for the abortion
,
by surgical procedure or by abortion-inducing drugs,

of each zygote, blastocyte, embryo, or fetus the physician performs.
The report shall be confidential and shall not contain the woman's
name. The report shall include, but is not limited to, all of the
following, insofar as the patient makes the data available that is
not within the physician's knowledge:

(1)
Patient number;

(2)
The name and address of the facility in which the abortion was
performed, and whether the facility is a hospital, ambulatory
surgical facility, physician's office, or other facility;

(3)
The date of the abortion;

(4)
If a surgical abortion, the method of final disposition of the fetal
remains under Chapter 3726. of the Revised Code;

(5)
All of the following regarding the woman on whom the abortion was
performed:

(a)

Zip

State
and zip
code
of residence;

(b)
Age;

(c)
Race;

(d)
Marital status;

(e)
Number of previous pregnancies;

(f)
Years of education;

(g)
Number of living children;

(h)
Number of zygotes, blastocytes, embryos, or fetuses previously
aborted;

(i)
Date of last induced abortion;

(j)
Date of last live birth;

(k)
Method of contraception at the time of conception;

(l)
Date of the first day of the last menstrual period;

(m)
Medical condition at the time of the abortion;

(n)
Rh-type;

(o)
The number of weeks of gestation at the time of the abortion.

(6)
The type of abortion procedure performed;

(7)
Complications by type;

(8)
Written acknowledgment by the attending physician that the pregnant
woman is not seeking the abortion, in whole or in part, because of
any of the following:

(a)
A test result indicating Down syndrome in an unborn child;

(b)
A prenatal diagnosis of Down syndrome in an unborn child;

(c)
Any other reason to believe that an unborn child has Down syndrome.

(9)
Type of procedure performed after the abortion;

(10)
Type of family planning recommended;

(11)
Type of additional counseling given;

(12)
Signature of attending physician.

(D)
The physician who completed the abortion report under division (C) of
this section shall submit the abortion report to the department
within fifteen days after the woman is discharged.

(E)
The appropriate vital records report or certificate shall be made out
after the twentieth week of gestation.

(F)
A copy of the abortion report shall be made part of the medical
record of the patient of the facility in which the abortion was
performed.

(G)
Each hospital shall file monthly and annual reports listing the total
number of women who have undergone a post-twelve-week-gestation
abortion and received postabortion care.

The
reports also shall include the total number of Ohio residents and the
total number of non-Ohio residents who have undergone a
post-twelve-week gestation abortion and received postabortion care.

The annual report shall be filed following the conclusion of the
state's fiscal year. Each report shall be filed within thirty days
after the end of the applicable reporting period.

(H)
Each case in which a physician treats a post abortion complication
shall be reported on a postabortion complication form. The report
shall be made upon a form prescribed by the department, shall be
signed by the attending physician, and shall be confidential.

(I)(1)
Not later than the first day of
October

March

of
each year, the department shall issue an annual report of the
abortion data reported to the department for the previous calendar
year as required by this section.
The
department shall develop a public electronic dashboard to publish on
a monthly basis the abortion data reported to the department.
The
annual report
and
monthly dashboard update
shall
include at least the following information:

(a)
The total number of zygotes, blastocytes, embryos, or fetuses that
were aborted;

(b)
The number of abortions performed on Ohio

residents

and
the
number performed on
out-of-state
residents
,
sorted by the age of the woman on whom the abortion was performed,
using the following categories: under sixteen years of age, sixteen
to seventeen years of age, eighteen to twenty-four years of age,
twenty-five to twenty-nine years of age, thirty to thirty-four years
of age, thirty-five to thirty-nine years of age, forty to forty-four
years of age, forty-five years of age or older
;

(c)
The number of abortions performed, sorted by each of the following:

(i)
The age of the woman on whom the abortion was performed, using the
following categories: under
fifteen

sixteen

years
of age,
fifteen

sixteen

to

nineteen

seventeen

years
of age,
twenty

eighteen

to
twenty-four years of age, twenty-five to twenty-nine years of age,
thirty to thirty-four years of age, thirty-five to thirty-nine years
of age, forty to forty-four years of age, forty-five years of age or
older;

(ii)
The race and Hispanic ethnicity of the woman on whom the abortion was
performed;

(iii)
The education level of the woman on whom the abortion was performed,
using the following categories or their equivalents: less than ninth
grade, ninth through twelfth grade, one or more years of college;

(iv)
The marital status of the woman on whom the abortion was performed;

(v)
The number of living children of the woman on whom the abortion was
performed, using the following categories: none, one, or two or more;

(vi)
The number of weeks of gestation of the woman at the time the
abortion was performed, using the following categories: less than
nine weeks, nine to twelve weeks, thirteen to nineteen weeks, or
twenty weeks or more;

(vii)
The county in which the abortion was performed;

(viii)
The type of abortion procedure performed;

(ix)
The number of zygotes, blastocytes, embryos, or fetuses previously
aborted by the woman on whom the abortion was performed
,
sorted by the age of the woman on whom the abortion was performed,
using the following categories: under sixteen years of age, sixteen
to seventeen years of age, eighteen to twenty-four years of age,
twenty-five to twenty-nine years of age, thirty to thirty-four years
of age, thirty-five to thirty-nine years of age, forty to forty-four
years of age, forty-five years of age or older
;

(x)
The type of facility in which the abortion was performed;

(xi)
For Ohio residents, the county of residence of the woman on whom the
abortion was performed
;

(xii)
The total number of abortions performed on minors by each facility in
the categories of under sixteen years of age and sixteen to seventeen
years of age
.

(2)
The report also shall indicate the number and type of the abortion
complications reported to the department either on the abortion
report required under division (C) of this section or the
postabortion complication report required under division (H) of this
section.

(3)
In addition to the annual report required under division (I)(1) of
this section, the department shall make available, on request, the
number of abortions performed by zip code of residence.

(J)
The director of health shall implement this section and shall apply
to the court of common pleas for temporary or permanent injunctions
restraining a violation or threatened violation of its requirements.
This action is an additional remedy not dependent on the adequacy of
the remedy at law.

Sec.
3701.841.
The
tobacco use prevention fund is hereby created in the state treasury.
The fund shall consist of money deposited by the treasurer of state
into the fund from the liquidation, pursuant to Sub. H.B. 544 of the
127th general assembly, of the former tobacco use prevention and
control endowment fund and any gifts, grants, or donations received
by the director of health for the purposes of the tobacco use
prevention fund.
All
investment earnings of the fund shall be credited to the fund.
The
treasurer, in consultation with the director, may invest moneys in
the fund in accordance with section 135.143 of the Revised Code.
Moneys in the fund shall be used to pay outstanding expenses of the
former tobacco use prevention and control foundation at the
discretion of the director of health pursuant to Sub. H.B. 544 of the
127th general assembly and shall be used in accordance with section
3701.84 of the Revised Code.

Sec.
3701.88.
(A)
As used in this section:

"340B
covered entity" means an entity described in section 340B(a)(4)
of the "Public Health Service Act," 42 U.S.C. 256b(a)(4).

"340B
drug" means a covered outpatient drug that has been subject to
discount pricing under the 340B drug pricing program and is purchased
by a 340B covered entity.

"340B
drug pricing program" means the federal drug pricing program
established under 42 U.S.C. 256b.

"Charity
care" means free or discounted health care items and services
provided to an individual who meets the 340B covered entity's
financial assistance criteria and is unable to pay for the items or
services, as reported on the 340B covered entity's medicare cost
report.

"Contract
pharmacy" means a retail pharmacy under contract with a 340B
covered entity to provide 340B drugs to patients on behalf of that
covered entity under the 340B drug discount program or contract
pharmacy on behalf of the covered entity.

"Low-income
patient" means a patient with a household income below two
hundred per cent of the federal poverty line.

(B)
Not later than July 1, 2026, and not later than the first day of July
in each year thereafter, each 340B covered entity shall submit a
report to the department of health. The report shall be submitted in
the form and manner specified by the department, in consultation with
any other agency the department of health determines appropriate. The
report shall contain all of the following information, for the 340B
covered entity and each offsite facility associated with it, from the
previous calendar year:

(1)
All of the following data, delineated by patient payor type,
including private insurance, medicare, medicaid, other third-party
payor, uninsured, or self-pay:

(a)
The aggregate acquisition cost for all 340B drugs dispensed or
administered by the covered entity, associated facility, or contract
pharmacy;

(b)
The aggregate payments received from third-party payors, including
insurers, for all 340B drugs dispensed or administered by the covered
entity, associated facility, or contract pharmacy;

(c)
The total number of prescriptions dispensed or administered by the
covered entity, associated facility, or contract pharmacy, and the
percentage of that total number that were 340B drugs;

(d)
The percentage of patients served on a sliding fee scale for 340B
drugs that were dispensed or administered at the covered entity,
associated facility, or contract pharmacy.

(2)
The total operating cost of the covered entity, including an itemized
cost report of all of the following:

(a)
Implementing a direct pass through of 340B profits to patients, in
the form of lower cost-sharing for 340B drugs that are dispensed or
administered by the covered entity, associated facility, or
contracted pharmacy;

(b)
Implementing a sliding fee scale for low-income patients for 340B
drugs that are dispensed or administered by the covered entity,
associated facility, or contract pharmacy;

(c)
The covered entity's charity care costs.

(3)
In connection with administering and providing services under the
340B drug pricing program, the total payments made by the covered
entity to contract pharmacies, third-party administrators, or any
other party or entity.

(4)
Information regarding the covered entity's contract pharmacies,
including all of the following:

(a)
The covered entity's total number of contract pharmacies;

(b)
The number of those contract pharmacies that are located outside of
this state, including the state where each of those pharmacies are
located;

(c)
The total number of the covered entity's prescriptions that were
filled at a contract pharmacy, the percentage of that number that are
contract pharmacies located outside of this state, and the percentage
of all of the covered entity's prescriptions that were filled by
contract pharmacies;

(d)
The total reimbursements paid by the covered entity to contract
pharmacies or their affiliates for any 340B drugs dispensed or
administered on behalf of the covered entity, and the percentage
change in that amount compared to the previous year.

(5)
A detailed, itemized accounting of the covered entity's expenditures
from 340B drug pricing program profits, including all programs,
services, and equipment funded or purchased with those profits.

(C)
The department of health shall post the information in the reports
required under this section on its public web site.

Sec.
3704.01.
As
used in this chapter:

(A)
"Administrator" means the administrator of the United
States environmental protection agency or the chief executive of any
successor federal agency responsible for implementation of the
federal Clean Air Act.

(B)
"Air contaminant" means particulate matter, dust, fumes,
gas, mist, radionuclides, smoke, vapor, or odorous substances, or any
combination thereof, but does not mean emissions from agricultural
production activities, as defined in section 929.01 of the Revised
Code, that are consistent with generally accepted agricultural
practices, were established prior to adjacent nonagricultural
activities, have no substantial, adverse effect on the public health,
safety, or welfare, do not result from the negligent or other
improper operations of any such agricultural activities, and would
not be required to obtain a Title V permit. For the purposes of this
chapter, agricultural production activities do not include the
installation and operation of off-farm facilities for the storage or
processing of agricultural products, including, but not limited to,
alfalfa dehydrating facilities, rendering plants, and feed and grain
mills, elevators, and terminals.

(C)
"Air contaminant source" means each separate operation or
activity that results or may result in the emission of any air
contaminant.

(D)
"Air pollution" means the presence in the ambient air of
one or more air contaminants or any combination thereof in sufficient
quantity and of such characteristics and duration as is or threatens
to be injurious to human health or welfare, plant or animal life, or
property, or as unreasonably interferes with the comfortable
enjoyment of life or property.

(E)
"Ambient air" means that portion of the atmosphere outside
of buildings and other enclosures, stacks, or ducts that surrounds
human, plant, or animal life or property.

(F)
"Best available technology" means any combination of work
practices, raw material specifications, throughput limitations,
source design characteristics, an evaluation of the annualized cost
per ton of pollutant removed, and air pollution control devices that
have been previously demonstrated to the director of environmental
protection to operate satisfactorily in this state or other states
with similar air quality on substantially similar air pollution
sources.

(G)
"Change within a permitted facility" means, within the
context of the Title V permit program established under section
3704.036 of the Revised Code, a change that is limited by a federally
enforceable provision of an applicable Title V permit and that does
not include physical, production, or other changes that are neither
addressed nor limited by the federally enforceable portion of a Title
V permit unless the change would result in a violation of a federally
enforceable requirement or a modification under Title I of the
federal Clean Air Act or would be subject to any requirements under
Title IV of that act.

(H)

"Community
air monitoring" means any measurement or quantification of
ambient air concentrations of an air contaminant, including both
one-time monitoring events and multi-sampling events. "Community
air monitoring" does not include any of the following:

(1)
Monitoring conducted using monitoring devices identified in the most
recent approved version of the United States environmental protection
agency's document entitled "List of Designated Reference and
Equivalent Methods";

(2)
Monitoring conducted using monitoring devices identified in the most
recent approved version of the United State environmental protection
agency's document entitled "Air Monitoring Network Plan"
that are installed and operated in accordance with 40 C.F.R. 58 by
the environmental protection agency or by a local air pollution
control authority under the terms of a delegation agreement entered
into under section 3704.111 of the Revised Code;

(3)
Any measurement or quantification of ambient air concentrations of an
air contaminant that is specifically identified or described in and
either required or allowed to be used for the particular air
contaminant source or source category for which it is being used
under any of the following:

(a)
The federal Clean Air Act;

(b)
Any implementation plan promulgated or approved before the effective
date of this amendment;

(c)
Any permit, variance, or order issued before the effective date of
this amendment or any renewal thereof after the effective date of
this amendment;

(d)
Any other permit, variance, or order issued on or after the effective
date of this amendment, if the use of the measurement system, testing
equipment, tool, or process was proposed, requested, or voluntarily
accepted by the air contaminant source or sources subject to that
permit, variance, or order.

(4)
Any monitoring system installed and used by the environmental
protection agency or by a local air pollution control authority under
the terms of a delegation agreement entered into under section
3704.111 of the Revised Code, including, but not limited to, all of
the following:

(a)
A monitoring system used to measure polyfluoroalkyl substances (PFAS)
in ambient air or precipitation, using a technique approved for that
purpose by the United States environmental protection agency;

(b)
A monitoring system used to measure contaminants identified by the
American conference of governmental industrial hygienists using
methodologies consistent with the procedures identified under method
guidelines 1 and 2 of the United States occupational safety and
health administration;

(c)
A monitoring system used to investigate and respond to any accidents,
spills, or releases under the authority of any emergency response
program developed and implemented under Chapter 3750. of the Revised
Code or Chapter 3745-104 of the Administrative Code;

(d)
A monitoring system used to investigate any release that exceeds the
reporting quantities under 40 C.F.R. 302;

(e)
A monitoring system used to measure any of the compounds identified
under section 112(b) of the federal Clean Air Act or Chapter 3745-114
of the Administrative Code;

(f)
A monitoring system used under the national atmospheric deposition
program;

(g)
A monitoring system used to measure contaminants consistent with the
"National Emission Standards for Hazardous Air Pollutants from
Petroleum Refineries," 40 C.F.R. 63, Subpart CC.

(I)

"Emit"
or "emission" means the release into the ambient air of an
air contaminant.

(I)
(J)

"Emission limitation" and "emission standard"
mean a requirement that limits the quantity, rate, or concentration
of emissions of air contaminants, including any requirement relating
to the operation or maintenance of an air contaminant source.

(J)
(K)

"Facility," for the purposes of the Title V permit program
established under section 3704.036 of the Revised Code, means all of
the emitting activities that are located on contiguous or adjacent
properties that are under the control of the same person or persons
or are under common control and that are in the same major group as
described in the standard Industrial Classification Manual, 1987.

(K)
(L)

"Federal Clean Air Act" means "Air Quality Act of
1967," 81 Stat. 485, 42 U.S.C. 1857, as amended by "Clean
Air Act Amendments of 1970," 84 Stat. 1676, 42 U.S.C. 1857, "Act
of November 18, 1971," 85 Stat. 464, 42 U.S.C. 1857, "Act
of April 9, 1973," 87 Stat. 11, 42 U.S.C. 1857, "Act of
June 24, 1974," 88 Stat. 248, 42 U.S.C. 1857, "Clean Air
Act Amendments of 1977," 91 Stat. 685, 42 U.S.C. 7401, "Safe
Drinking Water Act Amendments of 1977," 91 Stat. 1393, 42 U.S.C.
7401, "Clean Air Act Amendments of 1990," 104 Stat. 2399,
42 U.S.C.A. 7401, and any other amendments that have been or may
hereafter be adopted, or any supplements to those acts and laws of
the United States that have been or may hereafter be enacted in
substitution therefor, together with any regulations that have been
or may hereafter be adopted by the administrator by virtue of and in
accordance with those acts and laws. Reference to a particular title
or section of the federal Clean Air Act includes any amendments that
have been or may hereafter be enacted in substitution therefor and
any regulations pertaining to the title or section that have been or
may hereafter be adopted by the administrator by virtue of and in
accordance with the federal Clean Air Act.

(L)
(M)

"Hazardous air pollutant" means any pollutant listed under
section 112(b) of the federal Clean Air Act.

(M)
(N)

"Implementation plan" means a program for the prevention
and abatement of air pollution in the state that has been promulgated
or approved by the administrator pursuant to the federal Clean Air
Act.

(N)
(O)

"Local air pollution control authority" includes all of the
following unless terminated by the political subdivisions represented
thereby:

(1)
All of the following agencies representing the following political
subdivisions, as those agencies existed on July 1, 1993:

(a)
The Akron regional air quality management district representing
Medina, Summit, and Portage counties;

(b)
The Canton city health department representing Stark county;

(c)
The Hamilton county department of environmental services, southwest
Ohio air quality agency representing Butler, Warren, Hamilton, and
Clermont counties;

(d)
The city of Cleveland division of the environment representing
Cuyahoga county;

(e)
The regional air pollution control agency representing Darke, Preble,
Miami, Montgomery, Clark, and Greene counties;

(f)
The Lake county general health district representing Lake and Geauga
counties;

(g)
The Portsmouth city health department representing Brown, Adams,
Scioto, and Lawrence counties;

(h)
The city of Toledo division of pollution control representing Lucas
county and the city of Rossford in Wood county.

(2)
Any successor to an existing local air pollution control authority
listed in
divisions
(N)(1)(a) to (i)
division
(O)(1)

of this section that results from a change in the political
subdivisions comprising the local air pollution control authority
through the withdrawal of a political subdivision from membership in
the local air pollution control authority or the inclusion of an
additional political subdivision in the membership of the local air
pollution control authority;

(3)
Any new local air pollution control authority established on or after
July 1, 1993, by one or more political subdivisions of this state for
the purposes of exercising the powers reserved to political
subdivisions of this state under division (A) of section 3704.11 of
the Revised Code.

(O)
(P)

"Person" means the federal government or any agency
thereof, the state or any agency thereof, any political subdivision
or any agency thereof, or any public or private corporation,
individual, partnership, or other entity.

(P)
(Q)

"Research and development sources" means sources whose
activities are conducted for nonprofit scientific or educational
purposes; sources whose activities are conducted to test more
efficient production processes or methods for preventing or reducing
adverse environmental impacts, provided that the activities do not
include the production of an intermediate or final product for sale
or exchange for commercial profit, except in a de minimis manner; a
research or laboratory source the primary purpose of which is to
conduct research and development into new processes and products,
that is operated under the close supervision of technically trained
personnel, and that is not engaged in the manufacture of products for
sale or exchange for commercial profit, except in a de minimis
manner; the temporary use of normal production sources in a research
and development mode to test the technical or commercial viability of
alternative raw materials or production processes, provided that the
use does not include the production of an intermediate or final
product for sale or exchange for commercial profit, except in a de
minimis manner; the experimental firing of any fuel or combination of
fuels in a boiler, heater, furnace, or dryer for the purpose of
conducting research and development of more efficient combustion or
more effective prevention or control of air pollutant emissions,
provided that, during those periods of research and development, the
heat generated is not used for normal production purposes or for
producing a product for sale or exchange for commercial profit,
except in a de minimis manner; and such other similar sources as the
director may prescribe by rule.

(Q)
(R)

"Responsible official" means one of the following, as
applicable:

(1)
For a corporation: a president, secretary, treasurer, or
vice-president of the corporation in charge of a principal business
function, any other person who performs similar policy or
decision-making functions for the corporation, or a duly authorized
representative of any such person if the representative is
responsible for the overall operation of one or more manufacturing,
production, or operating facilities applying for or subject to a
Title V permit and if one of the following applies:

(a)
The facilities employ more than two hundred fifty individuals or have
gross annual sales or expenditures exceeding twenty-five million
dollars, in second quarter 1980 dollars;

(b)
The delegation of authority to the representative is approved in
advance by the director.

(2)
For a partnership or sole proprietorship: a general partner or the
proprietor, respectively.

(3)
For the federal government or any agency thereof, the state or any
agency thereof, a political subdivision or any agency thereof, or any
other public agency, either a principal executive officer or
authorized elected official. For the purposes of this division, a
principal executive officer of a federal agency includes the chief
executive officer having responsibility for the overall operation of
a principal geographic unit of the agency.

(4)
For affected sources, both of the following:

(a)
The designated representative insofar as actions, standards,
requirements, or prohibitions under Title IV of the federal Clean Air
Act or regulations adopted under it are concerned;

(b)
The designated representative for any other purposes under 40 C.F.R.
part 70.

(R)
(S)

"Small business stationary source" means any building,
structure, facility, or installation that emits any federally
regulated air pollutant and is owned or operated by a person who
employs one hundred or fewer individuals; is a small business concern
as defined in the "Small Business Act," 72 Stat. 384
(1958), 15 U.S.C.A. 632, as amended; is not a major stationary source
as defined in section 302(j) of the federal Clean Air Act; does not
emit fifty tons or more per year of any federally regulated air
pollutant or any hazardous air pollutant; and emits less than
seventy-five tons per year of all federally regulated air pollutants.

(S)
(T)

"Title V permit" means an operating permit required to be
issued by the state under section 502 of the federal Clean Air Act
and issued under section 3704.036 of the Revised Code and rules
adopted under it.

(T)
(U)

For the purposes of the Title V permit program established under this
chapter and rules adopted under it, all terms defined in 40 C.F.R.
part 70 have the same meaning as in that part.

Sec.
3704.03.
The
director of environmental protection may do any of the following:

(A)
Develop programs for the prevention, control, and abatement of air
pollution;

(B)
Advise, consult, contract, and cooperate with any governmental or
private agency in the furtherance of the purposes of this chapter;

(C)
Encourage, participate in, or conduct studies, investigations, and
research relating to air pollution, collect and disseminate
information, and conduct education and training programs relating to
the causes, prevention, control, and abatement of air pollution;

(D)
Adopt, modify, and rescind rules prescribing ambient air quality
standards for the state as a whole or for various areas of the state
that are consistent with and no more stringent than the national
ambient air quality standards in effect under the federal Clean Air
Act;

(E)
Adopt, modify, suspend, and rescind rules for the prevention,
control, and abatement of air pollution, including rules prescribing
for the state as a whole or for various areas of the state emission
standards for air contaminants, and other necessary rules for the
purpose of achieving and maintaining compliance with ambient air
quality standards in all areas within the state as expeditiously as
practicable, but not later than any deadlines applicable under the
federal Clean Air Act; rules for the prevention or control of the
emission of hazardous or toxic air contaminants; rules prescribing
fugitive dust limitations and standards that are related, on an
areawide basis, to attainment and maintenance of ambient air quality
standards; rules prescribing shade, density, or opacity limitations
and standards for emissions, provided that with regard to air
contaminant sources for which there are particulate matter emission
standards in addition to a shade, density, or opacity rule, upon
demonstration by such a source of compliance with those other
standards, the shade, density, or opacity rule shall provide for
establishment of a shade, density, or opacity limitation for that
source that does not require the source to reduce emissions below the
level specified by those other standards; rules for the prevention or
control of odors and air pollution nuisances; rules that prevent
significant deterioration of air quality to the extent required by
the federal Clean Air Act; rules for the protection of visibility as
required by the federal Clean Air Act; and rules prescribing open
burning limitations and standards. In adopting, modifying,
suspending, or rescinding any such rules, the director, to the extent
consistent with the federal Clean Air Act, shall hear and give
consideration to evidence relating to all of the following:

(1)
Conditions calculated to result from compliance with the rules, the
overall cost within this state of compliance with the rules, and
their relation to benefits to the people of the state to be derived
from that compliance;

(2)
The quantity and characteristics of air contaminants, the frequency
and duration of their presence in the ambient air, and the dispersion
and dilution of those contaminants;

(3)
Topography, prevailing wind directions and velocities, physical
conditions, and other factors that may or may combine to affect air
pollution.

Consistent
with division (K) of section 3704.036 of the Revised Code, the
director shall consider alternative emission limits proposed by the
owner or operator of an air contaminant source that is subject to an
emission limit established in rules adopted under this division and
shall accept those alternative emission limits that the director
determines to be equivalent to emission limits established in rules
adopted under this division.

(F)(1)
Adopt, modify, suspend, and rescind rules consistent with the
purposes of this chapter prohibiting the location, installation,
construction, or modification of any air contaminant source or any
machine, equipment, device, apparatus, or physical facility intended
primarily to prevent or control the emission of air contaminants
unless an installation permit therefor has been obtained from the
director or the director's authorized representative.

(2)(a)
Applications for installation permits shall be accompanied by plans,
specifications, construction schedules, and such other pertinent
information and data, including data on ambient air quality impact
and a demonstration of best available technology, as the director may
require. Installation permits shall be issued for a period specified
by the director and are transferable. The director shall specify in
each permit the applicable emission standards and that the permit is
conditioned upon payment of the applicable fees as required by
section 3745.11 of the Revised Code and upon the right of the
director's authorized representatives to enter upon the premises of
the person to whom the permit has been issued, at any reasonable time
and subject to safety requirements of the person in control of the
premises, for the purpose of determining compliance with such
standards, this chapter, the rules adopted thereunder, and the
conditions of any permit, variance, or order issued thereunder. Each
proposed new or modified air contaminant source shall provide such
notice of its proposed installation or modification to other states
as is required under the federal Clean Air Act. Installation permits
shall include the authorization to operate sources installed and
operated in accordance with terms and conditions of the installation
permits for a period not to exceed one year from commencement of
operation, which authorization shall constitute an operating permit
under division (G) of this section and rules adopted under it.

No
installation permit shall be required for activities that are subject
to and in compliance with a plant-wide applicability limit issued by
the director in accordance with rules adopted under this section.

No
installation permit shall be issued except in accordance with all
requirements of this chapter and rules adopted thereunder. No
application shall be denied or permit revoked or modified without a
written order stating the findings upon which denial, revocation, or
modification is based. A copy of the order shall be sent to the
applicant or permit holder by certified mail.

(b)
An air contaminant source that is the subject of an installation
permit shall be installed or modified in accordance with the permit
not later than eighteen months after the permit's effective date at
which point the permit shall terminate unless one of the following
applies:

(i)
The owner or operator has undertaken a continuing program of
installation or modification during the eighteen-month period.

(ii)
The owner or operator has entered into a binding contractual
obligation to undertake and complete within a reasonable period of
time a continuing program of installation or modification of the air
contaminant source during the eighteen-month period.

(iii)
The director has extended the date by which the air contaminant
source that is the subject of the installation permit must be
installed or modified.

(iv)
The installation permit is the subject of an appeal by a party other
than the owner or operator of the air contaminant source that is the
subject of the installation permit, in which case the date of
termination of the permit is not later than eighteen months after the
effective date of the permit plus the number of days between the date
in which the permit was appealed and the date on which all appeals
concerning the permit have been resolved.

(v)
The installation permit has been superseded by a subsequent
installation permit, in which case the original installation permit
terminates on the effective date of the superseding installation
permit.

Division
(F)(2)(b) of this section applies to an installation permit that has
not terminated as of October 16, 2009.

The
director may adopt rules in accordance with Chapter 119. of the
Revised Code for the purpose of establishing additional requirements
that are necessary for the implementation of division (F)(2)(b) of
this section.

(3)
Not later than two years after August 3, 2006, the director shall
adopt a rule in accordance with Chapter 119. of the Revised Code
specifying that a permit to install is required only for new or
modified air contaminant sources that emit any of the following air
contaminants:

(a)
An air contaminant or precursor of an air contaminant for which a
national ambient air quality standard has been adopted under the
federal Clean Air Act;

(b)
An air contaminant for which the air contaminant source is regulated
under the federal Clean Air Act;

(c)
An air contaminant that presents, or may present, through inhalation
or other routes of exposure, a threat of adverse human health
effects, including, but not limited to, substances that are known to
be, or may reasonably be anticipated to be, carcinogenic, mutagenic,
teratogenic, or neurotoxic, that cause reproductive dysfunction, or
that are acutely or chronically toxic, or a threat of adverse
environmental effects whether through ambient concentrations,
bioaccumulation, deposition, or otherwise, and that is identified in
the rule by chemical name and chemical abstract service number.

The
director may modify the rule adopted under division (F)(3)(c) of this
section for the purpose of adding or deleting air contaminants. For
each air contaminant that is contained in or deleted from the rule
adopted under division (F)(3)(c) of this section, the director shall
include in a notice accompanying any proposed or final rule an
explanation of the director's determination that the air contaminant
meets the criteria established in that division and should be added
to, or no longer meets the criteria and should be deleted from, the
list of air contaminants. The explanation shall include an
identification of the scientific evidence on which the director
relied in making the determination. Until adoption of the rule under
division (F)(3)(c) of this section, nothing shall affect the
director's authority to issue, deny, modify, or revoke permits to
install under this chapter and rules adopted under it.

(4)(a)
Applications for permits to install new or modified air contaminant
sources shall contain sufficient information regarding air
contaminants for which the director may require a permit to install
to determine conformity with the environmental protection agency's
document entitled "Review of New Sources of Air Toxics
Emissions, Option A," dated May 1986, which the director shall
use to evaluate toxic emissions from new or modified air contaminant
sources. The director shall make copies of the document available to
the public upon request at no cost and post the document on the
environmental protection agency's web site. Any inconsistency between
the document and division (F)(4) of this section shall be resolved in
favor of division (F)(4) of this section.

(b)
The maximum acceptable ground level concentration of an air
contaminant shall be calculated in accordance with the document
entitled "Review of New Sources of Air Toxics Emissions, Option
A." Modeling shall be conducted to determine the increase in the
ground level concentration of an air contaminant beyond the
facility's boundary caused by the emissions from a new or modified
source that is the subject of an application for a permit to install.
Modeling shall be based on the maximum hourly rate of emissions from
the source using information including, but not limited to, any
emission control devices or methods, operational restrictions, stack
parameters, and emission dispersion devices or methods that may
affect ground level concentrations, either individually or in
combination. The director shall determine whether the activities for
which a permit to install is sought will cause an increase in the
ground level concentration of one or more relevant air contaminants
beyond the facility's boundary by an amount in excess of the maximum
acceptable ground level concentration. In making the determination as
to whether the maximum acceptable ground level concentration will be
exceeded, the director shall give consideration to the modeling
conducted under division (F)(4)(b) of this section and other relevant
information submitted by the applicant.

(c)
If the modeling conducted under division (F)(4)(b) of this section
with respect to an application for a permit to install demonstrates
that the maximum ground level concentration from a new or modified
source will be greater than or equal to eighty per cent, but less
than one hundred per cent of the maximum acceptable ground level
concentration for an air contaminant, the director may establish
terms and conditions in the permit to install for the air contaminant
source that will require the owner or operator of the air contaminant
source to maintain emissions of that air contaminant commensurate
with the modeled level, which shall be expressed as allowable
emissions per day. In order to calculate the allowable emissions per
day, the director shall multiply the hourly emission rate modeled
under division (F)(4)(b) of this section to determine the ground
level concentration by the operating schedule that has been
identified in the permit to install application. Terms and conditions
imposed under division (F)(4)(c) of this section are not federally
enforceable requirements and, if included in a Title V permit, shall
be placed in the portion of the permit that is only enforceable by
the state.

(d)
If the modeling conducted under division (F)(4)(b) of this section
with respect to an application for a permit to install demonstrates
that the maximum ground level concentration from a new or modified
source will be less than eighty per cent of the maximum acceptable
ground level concentration, the owner or operator of the source
annually shall report to the director, on a form prescribed by the
director, whether operations of the source are consistent with the
information regarding the operations that was used to conduct the
modeling with regard to the permit to install application. The annual
report to the director shall be in lieu of an emission limit or other
permit terms and conditions imposed pursuant to division (F)(4) of
this section. The director may consider any significant departure
from the operations of the source described in the permit to install
application that results in greater emissions than the emissions rate
modeled to determine the ground level concentration as a modification
and require the owner or operator to submit a permit to install
application for the increased emissions. The requirements established
in division (F)(4)(d) of this section are not federally enforceable
requirements and, if included in a Title V permit, shall be placed in
the portion of the permit that is only enforceable by the state.

(e)
Division (F)(4) of this section and the document entitled "Review
of New Sources of Air Toxics Emissions, Option A" shall not be
included in the state implementation plan under section 110 of the
federal Clean Air Act and do not apply to an air contaminant source
that is subject to a maximum achievable control technology standard
or residual risk standard under section 112 of the federal Clean Air
Act, to a particular air contaminant identified under 40 C.F.R.
51.166, division (b)(23), for which the director has determined that
the owner or operator of the source is required to install best
available control technology for that particular air contaminant, or
to a particular air contaminant for which the director has determined
that the source is required to meet the lowest achievable emission
rate, as defined in 40 C.F.R. part 51, Appendix S, for that
particular air contaminant.

(f)(i)
Division (F)(4) of this section and the document entitled "Review
of New Sources of Air Toxics Emissions, Option A" do not apply
to parking lots, storage piles, storage tanks, transfer operations,
grain silos, grain dryers, emergency generators, gasoline dispensing
operations, air contaminant sources that emit air contaminants solely
from the combustion of fossil fuels, or the emission of wood dust,
sand, glass dust, coal dust, silica, and grain dust.

(ii)
Notwithstanding division (F)(4)(f)(i) of this section, the director
may require an individual air contaminant source that is within one
of the source categories identified in division (F)(4)(f)(i) of this
section to submit information in an application for a permit to
install a new or modified source in order to determine the source's
conformity to the document if the director has information to
conclude that the particular new or modified source will potentially
cause an increase in ground level concentration beyond the facility's
boundary that exceeds the maximum acceptable ground level
concentration as set forth in the document.

(iii)
The director may adopt rules in accordance with Chapter 119. of the
Revised Code that are consistent with the purposes of this chapter
and that add to or delete from the source category exemptions
established in division (F)(4)(f)(i) of this section.

(5)
Not later than one year after August 3, 2006, the director shall
adopt rules in accordance with Chapter 119. of the Revised Code
specifying activities that do not, by themselves, constitute
beginning actual construction activities related to the installation
or modification of an air contaminant source for which a permit to
install is required such as the grading and clearing of land, on-site
storage of portable parts and equipment, and the construction of
foundations or buildings that do not themselves emit air
contaminants. The rules also shall allow specified initial activities
that are part of the installation or modification of an air
contaminant source, such as the installation of electrical and other
utilities for the source, prior to issuance of a permit to install,
provided that the owner or operator of the source has filed a
complete application for a permit to install, the director or the
director's designee has determined that the application is complete,
and the owner or operator of the source has notified the director
that this activity will be undertaken prior to the issuance of a
permit to install. Any activity that is undertaken by the source
under those rules shall be at the risk of the owner or operator. The
rules shall not apply to activities that are precluded prior to
permit issuance under section 111, section 112, Part C of Title I,
and Part D of Title I of the federal Clean Air Act.

(G)
Adopt, modify, suspend, and rescind rules prohibiting the operation
or other use of any new, modified, or existing air contaminant source
unless an operating permit has been obtained from the director or the
director's authorized representative, or the air contaminant source
is being operated in compliance with the conditions of a variance
issued pursuant to division (H) of this section. Applications for
operating permits shall be accompanied by such plans, specifications,
and other pertinent information as the director may require.
Operating permits may be issued for a period determined by the
director not to exceed ten years, are renewable, and are
transferable. The director shall specify in each operating permit
that the permit is conditioned upon payment of the applicable fees as
required by section 3745.11 of the Revised Code and upon the right of
the director's authorized representatives to enter upon the premises
of the person to whom the permit has been issued, at any reasonable
time and subject to safety requirements of the person in control of
the premises, for the purpose of determining compliance with this
chapter, the rules adopted thereunder, and the conditions of any
permit, variance, or order issued thereunder. Operating permits may
be denied or revoked for failure to comply with this chapter or the
rules adopted thereunder. An operating permit shall be issued only
upon a showing satisfactory to the director or the director's
representative that the air contaminant source is being operated in
compliance with applicable emission standards and other rules or upon
submission of a schedule of compliance satisfactory to the director
for a source that is not in compliance with all applicable
requirements at the time of permit issuance, provided that the
compliance schedule shall be consistent with and at least as
stringent as that contained in any judicial consent decree or
administrative order to which the air contaminant source is subject.
The rules shall provide for the issuance of conditional operating
permits for such reasonable periods as the director may determine to
allow the holder of an installation permit, who has constructed,
installed, located, or modified a new air contaminant source in
accordance with the provisions of an installation permit, to make
adjustments or modifications necessary to enable the new air
contaminant source to comply with applicable emission standards and
other rules. Terms and conditions of operating permits issued
pursuant to this division shall be federally enforceable for the
purpose of establishing the potential to emit of a stationary source
and shall be expressly designated as federally enforceable. Any such
federally enforceable restrictions on a source's potential to emit
shall include both an annual limit and a short-term limit of not more
than thirty days for each pollutant to be restricted together with
adequate methods for establishing compliance with the restrictions.
In other respects, operating permits issued pursuant to this division
are enforceable as state law only. No application shall be denied or
permit revoked or modified without a written order stating the
findings upon which denial, revocation, or modification is based. A
copy of the order shall be sent to the applicant or permit holder by
certified mail.

(H)
Adopt, modify, and rescind rules governing the issuance, revocation,
modification, or denial of variances that authorize emissions in
excess of the applicable emission standards.

No
variance shall be issued except pursuant to those rules. The rules
shall prescribe conditions and criteria in furtherance of the
purposes of this chapter and consistent with the federal Clean Air
Act governing eligibility for issuance of variances, which shall
include all of the following:

(1)
Provisions requiring consistency of emissions authorized by a
variance with timely attainment and maintenance of ambient air
quality standards;

(2)
Provisions prescribing the classes and categories of air contaminants
and air contaminant sources for which variances may be issued;

(3)
Provisions defining the circumstances under which an applicant shall
demonstrate that compliance with applicable emission standards is
technically infeasible, economically unreasonable, or impossible
because of conditions beyond the control of the applicant;

(4)
Other provisions prescribed in furtherance of the goals of this
chapter.

The
rules shall prohibit the issuance of variances from any emission
limitation that was applicable to a source pursuant to an
installation permit and shall prohibit issuance of variances that
conflict with the federal Clean Air Act.

Applications
for variances shall be accompanied by such information as the
director may require. In issuing variances, the director may order
the person to whom a variance is issued to furnish plans and
specifications and such other information and data, including interim
reports, as the director may require and to proceed to take such
action within such time as the director may determine to be
appropriate and reasonable to prevent, control, or abate the person's
existing emissions of air contaminants. The director shall specify in
each variance that the variance is conditioned upon payment of the
applicable fees as required by section 3745.11 of the Revised Code
and upon the right of the director's authorized representatives to
enter upon the premises of the person to whom the variance has been
issued, at any reasonable time and subject to safety requirements of
the person in control of the premises, for the purpose of determining
compliance with this chapter, the rules adopted thereunder, and the
conditions of any permit, variance, or order issued thereunder.

The
director may hold a public hearing on an application for a variance
or renewal thereof at a location in the county where the variance is
sought. The director shall give not less than twenty days' notice of
the hearing to the applicant by certified mail or another type of
mail accompanied by a receipt. The director also shall cause at least
one publication of notice in a newspaper with general circulation in
the county where the variance is sought or may instead provide public
notice by publication on the environmental protection agency's web
site. The director shall keep available for public inspection at the
principal office of the environmental protection agency a current
schedule of pending applications for variances and a current schedule
of pending variance hearings. The director shall make a complete
stenographic record or electronic record of testimony and other
evidence submitted at the hearing. The director shall make a written
determination to issue, renew, or deny the variance and shall enter
the determination and the basis therefor into the record of the
hearing. The director shall issue, renew, or deny an application for
a variance or renewal thereof, or issue a proposed action upon the
application pursuant to section 3745.07 of the Revised Code, within
six months of the date upon which the director receives a complete
application with all pertinent information and data required by the
director.

Any
variance granted pursuant to rules adopted under this division shall
be for a period specified by the director, not to exceed three years,
and may be renewed from time to time on such terms and for such
periods, not to exceed three years each, as the director determines
to be appropriate. A variance may be revoked, or renewal denied, for
failure to comply with conditions specified in the variance. No
variance shall be issued, denied, revoked, or modified without a
written order stating the findings upon which the issuance, denial,
revocation, or modification is based. A copy of the order shall be
sent to the applicant or variance holder by certified mail.

(I)
Require the owner or operator of an air contaminant source to
install, employ, maintain, and operate such emissions, ambient air
quality, meteorological, or other monitoring devices or methods as
the director shall prescribe; to sample those emissions at such
locations, at such intervals, and in such manner as the director
prescribes; to maintain records and file periodic reports with the
director containing information as to location, size, and height of
emission outlets, rate, duration, and composition of emissions, and
any other pertinent information the director prescribes; and to
provide such written notice to other states as the director shall
prescribe. In requiring monitoring devices, records, and reports, the
director, to the extent consistent with the federal Clean Air Act,
shall give consideration to technical feasibility and economic
reasonableness and allow reasonable time for compliance. For sources
where a specific monitoring, record-keeping, or reporting requirement
is specified for a particular air contaminant from a particular air
contaminant source in an applicable regulation adopted by the United
States environmental protection agency under the federal Clean Air
Act or in an applicable rule adopted by the director, the director
shall not impose an additional requirement in a permit that is a
different monitoring, record-keeping, or reporting requirement other
than the requirement specified in the applicable regulation or rule
for that air contaminant except as otherwise agreed to by the owner
or operator of the air contaminant source and the director.
For
sources where no specific monitoring requirement is specified for a
particular air contaminant from a particular air contaminant source
in an applicable regulation adopted by the United States
environmental protection agency under the federal Clean Air Act or in
an applicable rule adopted by the director, the director shall not
impose a monitoring requirement in a permit that requires community
air monitoring, except as otherwise agreed to by the owner or air
operator of the air contaminant source and the director.
If
two or more regulations or rules impose different monitoring,
record-keeping, or reporting requirements for the same air
contaminant from the same air contaminant source, the director may
impose permit terms and conditions that consolidate or streamline the
monitoring, record-keeping, or reporting requirements in a manner
that conforms with each applicable requirement. To the extent
consistent with the federal Clean Air Act and except as otherwise
agreed to by the owner or operator of an air contaminant source and
the director, the director shall not require an operating restriction
that has the practical effect of increasing the stringency of an
existing applicable emission limitation or standard.

(J)
Establish, operate, and maintain monitoring stations and other
devices designed to measure air pollution and enter into contracts
with any public or private agency for the establishment, operation,
or maintenance of such stations and devices
,
except that the director shall not enter into contracts with any
private agency for the establishment, operation, or maintenance of
community air monitoring where the intended use of the data produced
by such monitoring stations and other devices would violate divisions
(B) or (C) of section 3704.09 of the Revised Code
;

(K)
By rule adopt procedures for giving reasonable public notice and
conducting public hearings on any plans for the prevention, control,
and abatement of air pollution that the director is required to
submit to the federal government;

(L)
Through any employee, agent, or authorized representative of the
director or the environmental protection agency, enter upon private
or public property, including improvements thereon, at any reasonable
time, to make inspections, take samples, conduct tests, and examine
records or reports pertaining to any emission of air contaminants and
any monitoring equipment or methods and to determine if there are any
actual or potential emissions from such premises and, if so, to
determine the sources, amounts, contents, and extent of those
emissions, or to ascertain whether there is compliance with this
chapter, any orders issued or rules adopted thereunder, or any other
determination of the director. The director, at reasonable times, may
have access to and copy any such records. If entry or inspection
authorized by this division is refused, hindered, or thwarted, the
director or the director's authorized representative may by affidavit
apply for, and any judge of a court of record may issue, an
appropriate inspection warrant necessary to achieve the purposes of
this chapter within the court's territorial jurisdiction.

(M)
Accept and administer gifts or grants from the federal government and
from any other source, public or private, for carrying out any of the
functions under this chapter;

(N)
Obtain necessary scientific, technical, and laboratory services;

(O)
Establish advisory boards in accordance with section 121.13 of the
Revised Code;

(P)
Delegate to any city or general health district or political
subdivision of the state any of the director's enforcement and
monitoring powers and duties, other than rule-making powers, as the
director elects to delegate, and in addition employ, compensate, and
prescribe the powers and duties of such officers, employees, and
consultants as are necessary to enable the director to exercise the
authority and perform duties imposed upon the director by law.
Technical and other services shall be performed, insofar as
practical, by personnel of the environmental protection agency.

(Q)
Certify to the government of the United States or any agency thereof
that an industrial air pollution facility is in conformity with the
state program or requirements for control of air pollution whenever
such certificate is required for a taxpayer pursuant to any federal
law or requirements;

(R)
Issue, modify, or revoke orders requiring abatement of or prohibiting
emissions that violate applicable emission standards or other
requirements of this chapter and rules adopted thereunder, or
requiring emission control devices or measures in order to comply
with applicable emission standards or other requirements of this
chapter and rules adopted thereunder. Any such order shall require
compliance with applicable emission standards by a specified date and
shall not conflict with any requirement of the federal Clean Air Act.
In the making of such orders, the director, to the extent consistent
with the federal Clean Air Act, shall give consideration to, and base
the determination on, evidence relating to the technical feasibility
and economic reasonableness of compliance with such orders and their
relation to benefits to the people of the state to be derived from
such compliance. If, under the federal Clean Air Act, any such order
shall provide for the posting of a bond or surety to secure
compliance with the order as a condition of issuance of the order,
the order shall so provide, but only to the extent required by the
federal Clean Air Act.

(S)
To the extent provided by the federal Clean Air Act, adopt, modify,
and rescind rules providing for the administrative assessment and
collection of monetary penalties, not in excess of those required
pursuant to the federal Clean Air Act, for failure to comply with any
emission limitation or standard, compliance schedule, or other
requirement of any rule, order, permit, or variance issued or adopted
under this chapter or required under the applicable implementation
plan whether or not the source is subject to a federal or state
consent decree. The director may require the submission of compliance
schedules, calculations of penalties for noncompliance, and related
information. Any orders, payments, sanctions, or other requirements
imposed pursuant to rules adopted under this division shall be in
addition to any other permits, orders, payments, sanctions, or other
requirements established under this chapter and shall not affect any
civil or criminal enforcement proceedings brought under any provision
of this chapter or any other provision of state or local law. This
division does not apply to any requirement of this chapter regarding
the prevention or abatement of odors.

(T)
Require new or modified air contaminant sources to install best
available technology, but only in accordance with this division. With
respect to permits issued pursuant to division (F) of this section
beginning three years after August 3, 2006, best available technology
for air contaminant sources and air contaminants emitted by those
sources that are subject to standards adopted under section 112, Part
C of Title I, and Part D of Title I of the federal Clean Air Act
shall be equivalent to and no more stringent than those standards.
For an air contaminant or precursor of an air contaminant for which a
national ambient air quality standard has been adopted under the
federal Clean Air Act, best available technology only shall be
required to the extent required by rules adopted under Chapter 119.
of the Revised Code for permit to install applications filed three or
more years after August 3, 2006.

Best
available technology requirements established in rules adopted under
this division shall be expressed only in one of the following ways
that is most appropriate for the applicable source or source
categories:

(1)
Work practices;

(2)
Source design characteristics or design efficiency of applicable air
contaminant control devices;

(3)
Raw material specifications or throughput limitations averaged over a
twelve-month rolling period;

(4)
Monthly allowable emissions averaged over a twelve-month rolling
period.

Best
available technology requirements shall not apply to an air
contaminant source that has the potential to emit, taking into
account air pollution controls installed on the source, less than ten
tons per year of emissions of an air contaminant or precursor of an
air contaminant for which a national ambient air quality standard has
been adopted under the federal Clean Air Act. In addition, best
available technology requirements established in rules adopted under
this division shall not apply to any existing, new, or modified air
contaminant source that is subject to a plant-wide applicability
limit that has been approved by the director. Further, best available
technology requirements established in rules adopted under this
division shall not apply to general permits issued prior to January
1, 2006, under rules adopted under this chapter.

For
permits to install issued three or more years after August 3, 2006,
any new or modified air contaminant source that has the potential to
emit, taking into account air pollution controls installed on the
source, ten or more tons per year of volatile organic compounds or
nitrogen oxides shall meet, at a minimum, the requirements of any
applicable reasonably available control technology rule in effect as
of January 1, 2006, regardless of the location of the source.

(U)
Consistent with section 507 of the federal Clean Air Act, adopt,
modify, suspend, and rescind rules for the establishment of a small
business stationary source technical and environmental compliance
assistance program as provided in section 3704.18 of the Revised
Code;

(V)
Provide for emissions trading, marketable permits, auctions of
emission rights, and economic incentives that would reduce the cost
or increase the efficiency of achieving a specified level of
environmental protection;

(W)
Provide for the construction of an air contaminant source prior to
obtaining a permit to install pursuant to division (F) of this
section if the applicant demonstrates that the source will be
installed to comply with all applicable emission limits and will not
adversely affect public health or safety or the environment and if
the director determines that such an action will avoid an
unreasonable hardship on the owner or operator of the source. Any
such determination shall be consistent with the federal Clean Air
Act.

(X)
Exercise all incidental powers, including adoption of rules, required
to carry out this chapter.

The
environmental protection agency shall develop a plan to control air
pollution resulting from state-operated facilities and property.

Sec.
3704.031.
Prior

(A)
Except as provided in division (B) of this section, prior
to
issuance or renewal of a permit or a variance under division (F),
(G), or (H) of section 3704.03 of the Revised Code, the director of
environmental protection may require the applicant to install such
equipment and conduct such tests and analyses as the director finds
reasonable and necessary to determine adequately the amount and
content of any emissions from such sources, the ambient air quality
at the proposed site and in areas that may be affected by emissions
from such sources, and any violation or potential violation of
Chapter 3704. of the Revised Code, or the regulations or orders
promulgated thereunder.

(B)
Prior to the issuance or renewal of a permit or a variance under
division (F), (G), or (H) of section 3704.03 of the Revised Code, the
director shall not require an applicant to conduct community air
monitoring
.

Sec.
3704.0310.
(A)
As used in this section:

(1)
"Air nuisance rule" means a rule adopted by the director of
environmental protection that declares any of the following to be a
public nuisance:

(a)
The emission or escape into the open air from any source or sources
whatsoever, of smoke, ashes, dust, dirt, grime, acids, fumes, gases,
vapors, or any other substances or combinations of substances, in
such manner or in such amounts as to endanger the health, safety, or
welfare of the public, or cause unreasonable injury or damage to
property;

(b)
The emission or escape into the open air from any source or sources
of odors whatsoever that is subject to regulation under Chapter 3704.
of the Revised Code and is operated in such a manner to emit such
amounts of odor as to endanger the health, safety, or welfare of the
public, or cause unreasonable injury or damage to property;

(c)
Activities that are substantially similar to those described in
divisions (A)(1)(a) and (b) of this section.

(2)
"State implementation plan" means the state implementation
plan regarding national ambient air quality standards required to be
submitted under section 110 of the "Clean Air Act," 42
U.S.C. 7410.

(B)
If the state implementation plan includes an air nuisance rule, the
director of environmental protection shall remove the air nuisance
rule from the plan and take such steps as are necessary to do so.

On
and after the effective date of this section, the director shall not
include an air nuisance rule in the state implementation plan or rely
upon an air nuisance rule to implement or enforce ambient air quality
standards adopted pursuant to the federal Clean Air Act.

Sec.
3704.09.
(A)

Determinations
made by the director of environmental protection or other persons
acting under sections 3704.03 and 3704.04 of the Revised Code shall
not be used as evidence in civil actions nor create any presumption
of law or finding of fact which shall inure to or be for the benefit
of any person other than the state, and sections 3704.01 to 3704.07
of the Revised Code do not create, enlarge, or abrogate existing
private rights. Nothing in Chapter 3704. of the Revised Code shall be
construed to abridge, limit, or otherwise impair the right of any
person to damages or other relief on account of injury to persons or
property and to maintain any action or other appropriate proceedings
therefor.

(B)
Data produced from community air monitoring shall not be used as
evidence to support either of the following:

(1)
A fine, penalty, or notice of violation against any person for
violations of or noncompliance with the federal Clean Air Act, this
chapter, the rules adopted thereunder, or any other applicable law,
rule, or regulation for which the state has primary enforcement
authority;

(2)
An administrative, regulatory, or judicial enforcement action,
lawsuit, or proceeding for violations of or noncompliance with the
federal Clean Air Act, this chapter, the rules adopted thereunder, or
any other applicable law, rule, or regulation for which the state has
primary enforcement authority.

(C)
Data produced from community air monitoring shall not be considered
or relied upon by the environmental protection agency or a local air
pollution control authority in any rulemaking action or in any action
relating to the issuance of an installation permit or operating
permit unless such consideration or reliance is requested by the
owner or operator of the air contaminant source requesting the
permit.

Sec.
3704.111.
(A)
Not later than October 1, 1993, the director of environmental
protection shall enter into a delegation agreement with each local
air pollution control authority listed in
divisions
(N)(1)(a) to (h)
division
(O)(1)

of section 3704.01 of the Revised Code under which the local air
pollution control authority agrees to perform on behalf of the
environmental protection agency air pollution control regulatory
services within the political subdivision represented by the local
air pollution control authority. The director may enter into such a
delegation agreement with a local air pollution control authority
established on or after the effective date of this section, subject
to the condition established in division (B) of this section. Each
delegation agreement shall be self-renewing on an annual basis on the
first day of October of each year. The terms of each such delegation
agreement shall remain unchanged from year to year unless they are
amended by mutual agreement of the director and the local air
pollution control authority.

(B)
The director may conduct a periodic performance evaluation of the air
pollution control program operated by each local air pollution
control authority. Based upon the findings of such a performance
evaluation, the director may terminate or refuse to renew the
delegation agreement with a local air pollution control authority if
the director determines that the local air pollution control
authority is not adequately performing its obligations under the
agreement.

(C)
The director may enter into contracts for payments to local air
pollution control authorities from moneys credited to the clean air
fund created in section 3704.035 of the Revised Code, subject to the
limitation specified in that section, and any other moneys
appropriated by the general assembly for that purpose. The director
shall distribute the moneys available for making payments to the
local air pollution control authorities pursuant to such contracts
equitably among the local air pollution control authorities based
upon the amount of local funding and the workload of each local air
pollution control authority, including, without limitation,
population served, number of air permits issued for both new and
existing sources, land area, and number of air contaminant sources.
The director biennially shall review the workload of each local air
pollution control authority and shall determine the percentage of the
moneys available for the purpose of making payments under the
contracts. In determining the percentage of those moneys that is to
be so distributed, the director shall consider the recommendations of
the local air pollution control authorities.

(D)
The director may modify a contract between the director and a local
air pollution control authority to authorize the local air pollution
control authority to perform air pollution control activities outside
the geographic boundaries of that local air pollution control
authority.

Sec.
3704.14.
(A)(1)
If the director of environmental protection determines that
implementation of a motor vehicle inspection and maintenance program
is necessary for the state to effectively comply with the federal
Clean Air Act after June 30,
2023
2025
,
the director may provide for the implementation of the program in
those counties in this state in which such a program is federally
mandated. Upon making such a determination, the director of
environmental protection may request the director of administrative
services to extend the terms of the contract that was entered into
under the authority of
Am.
Sub.
H.B.

64

33

of
the
131st

135th

general
assembly. Upon receiving the request, the director of administrative
services shall extend the contract, beginning on July 1,
2023
2025
,
in accordance with this section. The contract shall be extended for a
period of up to twenty-four months with the contractor who conducted
the motor vehicle inspection and maintenance program under that
contract.

(2)
Prior to the expiration of the contract extension that
is

was

authorized
by division (A)(1) of this section

under
the authority of H.B. 33 of the 135th general assembly
,
the director of environmental protection shall request the director
of administrative services to enter into a contract with a vendor to
operate a decentralized motor vehicle inspection and maintenance
program in each county in this state in which such a program is
federally mandated through June 30, 2027
,
with an option for the state to renew the contract for a period of up
to twenty-four months through June 30, 2029
.
The contract shall ensure that the decentralized motor vehicle
inspection and maintenance program achieves
at
least the same
an
equivalent amount of
emission
reductions as achieved by the program operated under the authority of
the contract that was extended under division (A)(1) of this section

under
the authority of H.B. 33 of the 135th general assembly
.
The director of administrative services shall select a vendor through
a competitive selection process in compliance with Chapter 125. of
the Revised Code.

(3)
Notwithstanding any law to the contrary, the director of
administrative services shall ensure that a competitive selection
process regarding a contract to operate a decentralized motor vehicle
inspection and maintenance program in this state incorporates the
following, which shall be included in the contract:

(a)
For purposes of expanding the number of testing locations for
consumer convenience, a requirement that the vendor utilize
established local businesses, auto repair facilities, or leased
properties to operate state-approved inspection and maintenance
testing facilities;

(b)
A requirement that the vendor selected to operate the program provide
notification of the program's requirements to each owner of a motor
vehicle that is required to be inspected under the program. The
contract shall require the notification to be provided not later than
sixty days prior to the date by which the owner of the motor vehicle
is required to have the motor vehicle inspected. The director of
environmental protection and the vendor shall jointly agree on the
content of the notice. However, the notice shall include at a minimum
the locations of all inspection facilities within a specified
distance of the address that is listed on the owner's motor vehicle
registration
;
.

(c)
A requirement that the vendor comply with testing methodology and
supply the required equipment approved by the director of
environmental protection as specified in the competitive selection
process in compliance with Chapter 125. of the Revised Code.

(4)
A decentralized motor vehicle inspection and maintenance program
operated under this section shall comply with division (B) of this
section. The director of environmental protection shall administer
the decentralized motor vehicle inspection and maintenance program
operated under this section.

(B)
The director shall establish a decentralized motor vehicle inspection
and maintenance program as authorized by this section and, at a
minimum, the director shall ensure that the program does all of the
following:

(1)
Complies with the federal Clean Air Act;

(2)
Provides for the issuance of inspection certificates and alternative
emissions certificates as specified in rules adopted under division
(C)(2) of this section;

(3)
Provides for a new car exemption for motor vehicles six years old or
newer and provides that a new motor vehicle is exempt for six years
regardless of whether legal title to the motor vehicle is transferred
during that period;

(4)
Provides for an exemption for battery electric motor vehicles;

(5)
Provides for an exemption for hybrid motor vehicles seven years old
or newer and provides that a hybrid motor vehicle is exempt for seven
years regardless of whether legal title to the motor vehicle is
transferred during that period.

(C)(1)
The director of environmental protection shall adopt rules in
accordance with Chapter 119. of the Revised Code that the director
determines are necessary to implement this section. The director may
continue to implement and enforce rules pertaining to the motor
vehicle inspection and maintenance program previously implemented
under former section 3704.14 of the Revised Code as that section
existed prior to its repeal and reenactment by Am. Sub. H.B. 66 of
the 126th general assembly, provided that the rules do not conflict
with this section.

(2)
The rules adopted under division (C)(1) of this section shall provide
for the issuance of inspections certificates and alternative
emissions certificates. Under the rules, an inspection certificate
shall be issued to the owner or lessee of a motor vehicle when the
motor vehicle passes an emissions inspection conducted in accordance
with the motor vehicle inspection and maintenance program established
under this section. In lieu of obtaining an inspection certificate,
the rules shall establish a system by which the owner or lessee of a
motor vehicle may request an alternative emissions certificate from
the director.

(a)
The rules providing for the issuance of alternative emissions
certificates shall require an owner or lessee of a motor vehicle to
do the following in order to receive the certificate:

(i)
Complete and submit an attestation form created by the director that
includes a statement that reads substantially as follows:

"I,
_______, attest that, to the best of my knowledge, the motor vehicle
concerning which I am the owner or lessee complies with all laws of
Ohio and the United States governing motor vehicle emissions. I,
______, am aware that a false statement on this form is not
permitted."

(ii)
Sign and date the form either manually or electronically;

(iii)
Submit the form to the director either by regular mail, certified
mail, or electronically.

(b)
The rules shall require the director to include both of the following
additional information on the attestation form:

(i)
A provision that allows the owner or lessee of a motor vehicle to
specify one of the following methods by which the owner or lessee may
request delivery of the alternative emissions certificate: certified
mail, noncertified mail, or electronically;

(ii)
A provision that allows the owner or lessee of a motor vehicle to
specify the vehicle identification number, make, model, and year of
the relevant motor vehicle and the date the attestation form is
submitted to the director.

(c)
Subject to division (C)(2)(d) of this section, the rules shall
require the director to deliver an alternative emission certificate
to the owner or lessee of a motor vehicle who complies with rules
adopted under division (C)(2)(a) of this section. The director shall
deliver the certificate within thirty business days after the
director's receipt of the attestation form or, if the owner or lessee
submits the form electronically, within five business days after
receipt of the form. The director shall confirm the receipt of the
attestation form if the director receives it by electronic means.

(d)
The rules shall require the director to reject an attestation form
for any of the following reasons:

(i)
The motor vehicle that is the subject of the attestation form was in
an accident or collision within the two years prior to the date of
submission of the form, and the accident or collision caused
substantial damage to the internal structure of the motor vehicle.

(ii)
The owner or lessee of the motor vehicle that is the subject of the
attestation form has received a ticket, citation, or summons with
regard to that motor vehicle within the two years prior to the date
of submission of the form for a violation of section 4513.22 of the
Revised Code or substantially equivalent municipal ordinance.

(iii)
The information in the attestation form is determined by the director
to be false.

If
the director rejects an attestation form under division
(C)(2)(d)(iii) of this section, the director shall provide notice to
the owner or lessee that the attestation form was determined to be
false. The notice shall inform the owner or lessee that the owner or
lessee may submit a corrected form to the director within thirty days
of the receipt of the notice. If the owner or lessee submits a
corrected attestation form that complies with rules adopted under
division (C)(2) of this section within that thirty-day period, the
director shall issue an alternative emissions certificate to the
owner or lessee. If the owner or lessee fails to correct the
attestation form, the director shall require the owner or lessee to
complete an emissions inspection and obtain an inspection certificate
in accordance with rules adopted under this section.

If
the director rejects an attestation form under division (C)(2)(d)(i)
or (ii) of this section, the director shall require the owner or
lessee to complete an emissions inspection and obtain an inspection
certificate in accordance with rules adopted under this section.

(e)
In adopting rules under division (C)(2) of this section, the director
shall ensure that the owner or lessee of a motor vehicle who
falsifies an attestation form receives a notice that includes a
statement that reads substantially as follows: "You have
falsified an attestation form for your vehicle under the
E-Check/motor vehicle emissions testing program. Your vehicle is
registered in one of [insert the number of counties] counties in this
state that has federal emission mandates imposed on it that the State
of Ohio is required, under threat of penalty, to enforce. This letter
serves as Ohio's only penalty for falsification of an attestation
form. You have thirty days from the date of this notice to amend your
attestation form and submit the amended form to the Environmental
Protection Agency. However, if you choose not to submit an amended
attestation form, you must have a motor vehicle emissions inspection
conducted for your vehicle in accordance with section 3704.14 of the
Revised Code and rules adopted under it."

(f)
No penalties apply to a person who the director has determined to
have falsified an attestation form, other than the issuance of the
notice required under division (C)(2)(e) of this section.

(D)
There is hereby created in the state treasury the auto emissions test
fund, which shall consist of money received by the director from any
cash transfers, state and local grants, and other contributions that
are received for the purpose of funding the program established under
this section. The director of environmental protection shall use
money in the fund solely for the implementation, supervision,
administration, operation, and enforcement of the motor vehicle
inspection and maintenance program established under this section.
Money in the fund shall not be used for either of the following:

(1)
To pay for the inspection costs incurred by a motor vehicle dealer so
that the dealer may provide inspection certificates to an individual
purchasing a motor vehicle from the dealer when that individual
resides in a county that is subject to the motor vehicle inspection
and maintenance program;

(2)
To provide payment for more than one free passing emissions
inspection or a total of three emissions inspections for a motor
vehicle in any three-hundred-sixty-five-day period. The owner or
lessee of a motor vehicle is responsible for inspection fees that are
related to emissions inspections beyond one free passing emissions
inspection or three total emissions inspections in any
three-hundred-sixty-five-day period. Inspection fees that are charged
by a contractor conducting emissions inspections under a motor
vehicle inspection and maintenance program shall be approved by the
director of environmental protection.

(E)
The motor vehicle inspection and maintenance program established
under this section expires upon the termination of all contracts
entered into under this section and shall not be implemented beyond
the final date on which termination occurs.

(F)
As used in this section "battery electric motor vehicle"
and "hybrid motor vehicle" have the same meanings as in
section 4501.01 of the Revised Code.

(G)
On
the
effective date of this amendment
June
30, 2025
,
the director shall immediately begin procedures to submit to the
United States environmental protection agency the alternative
emissions certification program for approval as part of the Ohio
state implementation plan. If the United States environmental
protection agency approves the modification of the decentralized
motor vehicle inspection and maintenance program as providing
sufficient air pollution reductions to meet the federal Clean Air Act
requirements for a vehicle inspection and maintenance program and
modifies the Ohio state implementation plan, the director shall
immediately begin to modify the Ohio environmental protection agency
rules to implement the alternative emissions certification program.
Nothing in this division requires the Ohio environmental protection
agency to take action to implement the alternative emissions
certification program until the United States environmental
protection agency approves the alternative program as part of the
Ohio state implementation plan.

(H)
If the United States environmental protection agency determines that
the motor vehicle inspection and maintenance program implemented in
accordance with this section is not necessary for the state or any
area of the state to comply with the federal Clean Air Act, the
director shall immediately discontinue the program and take any
actions necessary to effectuate the termination of the program.

Sec.
3705.126.
The
department of health shall neither open an adoption file nor make its
contents available except as follows:

(A)
The department shall inspect the file to determine the court involved
for the purpose of division (D) of section 3107.09 or section
3107.091 or 3107.171 of the Revised Code.

(B)
The department shall make the file's contents available to an adopted
person or lineal descendant of an adopted person in accordance with
section 3107.38 of the Revised Code.

(C)
The department shall open the file to transfer releases to the file
in accordance with section 3107.381 of the Revised Code.

(D)
The department shall open the file to file a contact preference form
from a biological parent pursuant to section 3107.39 of the Revised
Code and remove any previously filed contact preference form from the
biological parent.

(E)
The department shall open the file to
file
a biological parent's name redaction request form pursuant to
division (C) of section 3107.391 of the Revised Code or to
remove
and destroy
the

a
name redaction request
form
pursuant to division
(D)
(A)

of
that

section

3107.391
of the Revised Code
.

(F)
The department shall open the file to file a denial of release form
under division (A) of section 3107.46 of the Revised Code or an
authorization of release form under division (B) of that section.

(G)
The department shall make the file's contents available to an adopted
person or adoptive parent in accordance with section 3107.47 of the
Revised Code.

(H)
The department shall open the file to file a request from an adopted
person under division (A) of section 3107.48 of the Revised Code or
to remove and destroy the request pursuant to division (B) of that
section.

(I)
The department shall inspect the file to assist a birth parent or
birth sibling in finding the adopted person's name by adoption in
accordance with section 3107.49 of the Revised Code.

(J)
The court that decreed the adoption may order that the contents be
made open for inspection or available for copying.

Sec.
3705.16.
(A)
For purposes of this section notwithstanding section 3705.01 of the
Revised Code, "fetal death" does not include death of the
product of human conception prior to twenty weeks of gestation.

(B)
Each death or fetal death that occurs in this state shall be
registered with the local registrar of vital statistics of the
district in which the death or fetal death occurred, by the funeral
director or other person in charge of the final disposition of the
remains. The personal and statistical information in the death or
fetal death certificate shall be obtained from the best qualified
persons or sources available, by the funeral director or other person
in charge of the final disposition of the remains. The statement of
facts relating to the disposition of the body and information
relative to the armed services referred to in section 3705.19 of the
Revised Code shall be signed by the funeral director or other person
in charge of the final disposition of the remains.

(C)

The

(1)
For certification of the cause of death, the
funeral
director or other person in charge of the final disposition of the
remains shall present the death or fetal death certificate to
one
of
the

attending
physician of the decedent, the coroner, or the medical examiner, as
appropriate for certification of the cause of death. If
following
individuals:

(a)
If
a
death or fetal death occurs under any
circumstances
mentioned
circumstance
described
in
section 313.12 of the Revised Code, the coroner in the county in
which the death occurs
,

or
a
deputy coroner,
the

medical examiner
,
or deputy medical examiner serving in an equivalent capacity, shall
certify the cause of death unless that death was reported to the
coroner, deputy coroner, medical examiner, or deputy medical examiner
and that person, after a preliminary examination, declined to assert
jurisdiction with respect to the death or fetal death. A physician
other than the coroner in the county in which a death or fetal death
occurs, or a deputy coroner, medical examiner, or deputy medical
examiner serving in an equivalent capacity, may certify only those
deaths that occur under natural circumstances
;

(b)
If a death or fetal death occurs under a circumstance other than as
described in section 313.12 of the Revised Code, the attending
physician of the decedent, except that, in the case of decedent who
did not have an attending physician, the physician who, either in
person or through a means of telehealth, last examined or treated the
decedent for any illness or condition
.

(2)
After the death or fetal death certificate is presented, the cause of
death shall be certified and the medical certificate of death shall
be completed and signed as follows:

(a)
If the death or fetal death certificate is presented to the coroner
or medical examiner, the coroner, or a deputy coroner, medical
examiner, or deputy medical examiner serving in an equivalent
capacity, shall certify the cause of death.

(b)
If the death or fetal death certificate is presented to the physician
described in division (C)(1)(b) of this section, that physician shall
certify the cause of death.

(3)

The
medical certificate of death shall be completed and signed by the

physician
who attended the decedent or by the
coroner
or medical examiner
,
physician who attended the decedent, or physician who last examined
or treated the decedent
,
as appropriate, within forty-eight hours after
notification
of
the
death or fetal death.

A

A

coroner
or medical examiner may satisfy the requirement of signing a medical
certificate showing the cause of death or fetal death as pending

either
by stamping it with a stamp of the coroner's or medical examiner's
signature or
by
signing it
in
the coroner's or medical examiner's own hand, but
within
forty-eight hours after notification of the death or fetal death,
provided that
the
coroner or medical examiner shall sign any other medical certificate
of death or supplementary medical certification
in
the coroner's or medical examiner's own hand
within
forty-eight hours after the cause of death has been determined
.

A
physician described in division (C)(1)(b) of this section may satisfy
the requirement of signing a medical certificate by signing with an
electronic signature.

(D)

A
coroner, medical examiner, or physician who acts in good faith in
accordance with this section, without fraud or malice, and upon
reasonable belief of the cause of death or fetal death based on the
information, if any, presented is not subject to civil liability or
professional disciplinary action for any act or omission in
certifying the cause of death or in completing and signing the
medical certificate of death.

(E)

Any
death certificate registered pursuant to this section shall contain
the social security number of the decedent, if available. A social
security number obtained under this section is a public record under
section 149.43 of the Revised Code.

Sec.
3705.17.
The
body of a person whose death occurs in this state shall not be
interred, deposited in a vault or tomb, cremated, or otherwise
disposed of by a funeral director until a burial permit is issued by
a local registrar or sub-registrar of vital statistics. No such
permit shall be issued by a local registrar or sub-registrar until a
satisfactory death, fetal death, or provisional death certificate is
filed with the local registrar or sub-registrar. When the medical
certification as to the cause of death cannot be provided by the
attending physician or coroner prior to burial, for sufficient cause,
as determined by rule of the director of health, the funeral director
may file a provisional death certificate with the local registrar or
sub-registrar for the purpose of securing a burial or burial-transit
permit. When the funeral director files a provisional death
certificate to secure a burial or burial-transit permit, the funeral
director shall file a satisfactory and complete death certificate
within five days after the date of death. The director of health, by
rule, may provide additional time for filing a satisfactory death
certificate. A burial permit authorizing cremation shall not be
issued upon the filing of a provisional certificate of death.

When
a funeral director or other person obtains a burial permit from a
local registrar or sub-registrar, the registrar or sub-registrar
shall charge a fee of
three

ten

dollars
for the issuance of the burial permit.
Two

Nine

dollars
and fifty cents of each fee collected for a burial permit shall be
paid into the state treasury to the credit of the cemetery
registration fund created under section 4767.03 of the Revised Code
to be used by the division of real estate and professional licensing
in the department of commerce in discharging its duties prescribed in
Chapter 4767. of the Revised Code and the Ohio cemetery dispute
resolution commission created by section 4767.05 of the Revised Code.
A local registrar or sub-registrar shall transmit payments of that
portion of the amount of each fee collected under this section to the
treasurer of state on a quarterly basis or more frequently, if
possible. The director of health, by rule, shall provide for the
issuance of a burial permit without the payment of the fee required
by this section if the total cost of the burial will be paid by an
agency or instrumentality of the United States, the state or a state
agency, or a political subdivision of the state.

The
director of commerce may by rule adopted in accordance with Chapter
119. of the Revised Code reduce the total amount of the fee required
by this section and that portion of the amount of the fee required to
be paid to the credit of the division of real estate and professional
licensing for the use of the division and the Ohio cemetery dispute
resolution commission, if the director determines that the total
amount of funds the fee is generating at the amount required by this
section exceeds the amount of funds the division of real estate and
professional licensing and the commission need to carry out their
powers and duties prescribed in Chapter 4767. of the Revised Code.

No
person in charge of any premises in which interments or cremations
are made shall inter or cremate or otherwise dispose of a body,
unless it is accompanied by a burial permit. Each person in charge of
a cemetery, crematory, or other place of disposal shall indorse upon
a burial permit the date of interment, cremation, or other disposal
and shall retain such permits for a period of at least five years.
The person in charge shall keep an accurate record of all interments,
cremations, or other disposal of dead bodies, made in the premises
under the person's charge, stating the name of the deceased person,
place of death, date of burial, cremation, or other disposal, and
name and address of the funeral director. Such record shall at all
times be open to public inspection.

Sec.
3706.01.
As
used in this chapter:

(A)
"Governmental agency" means a department, division, or
other unit of state government, a municipal corporation, county,
township, and other political subdivision, or any other public
corporation or agency having the power to acquire, construct, or
operate air quality facilities, the United States or any agency
thereof, and any agency, commission, or authority established
pursuant to an interstate compact or agreement.

(B)
"Person" means any individual, firm, partnership,
association, or corporation, or any combination thereof.

(C)
"Air contaminant" means particulate matter, dust, fumes,
gas, mist, smoke, noise, vapor, heat, radioactivity, radiation, or
odorous substance, or any combination thereof.

(D)
"Air pollution" means the presence in the ambient air of
one or more air contaminants in sufficient quantity and of such
characteristics and duration as to injure human health or welfare,
plant or animal life, or property, or that unreasonably interferes
with the comfortable enjoyment of life or property.

(E)
"Ambient air" means that portion of the atmosphere outside
of buildings and other enclosures, stacks, or ducts that surrounds
human, plant, or animal life, or property.

(F)
"Emission" means the release into the outdoor atmosphere of
an air contaminant.

(G)
"Air quality facility" means any of the following:

(1)
Any method, modification or replacement of property, process, device,
structure, or equipment that removes, reduces, prevents, contains,
alters, conveys, stores, disperses, or disposes of air contaminants
or substances containing air contaminants, or that renders less
noxious or reduces the concentration of air contaminants in the
ambient air, including, without limitation, facilities and
expenditures that qualify as air pollution control facilities under
section 103 (C)(4)(F) of the Internal Revenue Code of 1954, as
amended, and regulations adopted thereunder;

(2)
Motor vehicle inspection stations operated in accordance with, and
any equipment used for motor vehicle inspections conducted under,
section 3704.14 of the Revised Code and rules adopted under it;

(3)
Ethanol or other biofuel facilities, including any equipment used at
the ethanol or other biofuel facility for the production of ethanol
or other biofuels;

(4)
Any property or portion thereof used for the collection, storage,
treatment, utilization, processing, or final disposal of a by-product
or solid waste resulting from any method, process, device, structure,
or equipment that removes, reduces, prevents, contains, alters,
conveys, stores, disperses, or disposes of air contaminants, or that
renders less noxious or reduces the concentration of air contaminants
in the ambient air;

(5)
Any property, device, or equipment that promotes the reduction of
emissions of air contaminants into the ambient air through
improvements in the efficiency of energy utilization or energy
conservation;

(6)
Any coal research and development project conducted under Chapter
1555. of the Revised Code;

(7)
As determined by the director of the Ohio coal development office,
any property or portion thereof that is used for the collection,
storage, treatment, utilization, processing, or final disposal of a
by-product resulting from a coal research and development project as
defined in section 1555.01 of the Revised Code or from the use of
clean coal technology, excluding any property or portion thereof that
is used primarily for other subsequent commercial purposes;

(8)

Any
property or portion thereof that is part of the FutureGen project of
the United States department of energy or related to the siting of
the FutureGen project
Any
property, device, or equipment comprising a facility generating green
energy
;

(9)
Any property, device, or equipment that promotes the reduction of
emissions of air contaminants into the ambient air through the
generation of clean, renewable energy with renewable energy resources
or advanced energy resources as defined in section 3706.25 of the
Revised Code;

(10)
Any property, device, structure, or equipment necessary for the
manufacture and production of equipment described as an air quality
facility under this chapter;

(11)
Any property, device, or equipment related to the recharging or
refueling of vehicles that promotes the reduction of emissions of air
contaminants into the ambient air through the use of an alternative
fuel as defined in section 125.831 of the Revised Code or the use of
a renewable energy resource as defined in section 3706.25 of the
Revised Code;

(12)
Any special energy improvement project, as defined in section 1710.01
of the Revised Code, that promotes the reduction of emissions of air
contaminants into the ambient air.

"Air
quality facility" further includes any property or system to be
used in whole or in part for any of the purposes in divisions (G)(1)
to (12) of this section, whether another purpose is also served, and
any property or system incidental to or that has to do with, or the
end purpose of which is, any of the foregoing. Air quality facilities
that are defined in this division for industry, commerce,
distribution, or research, including public utility companies, are
hereby determined to be those that qualify as facilities for the
control of air pollution and thermal pollution related to air under
Section 13 of Article VIII, Ohio Constitution.

(H)
"Project" or "air quality project" means any air
quality facility, including undivided or other interests therein,
acquired or to be acquired or constructed or to be constructed by the
Ohio air quality development authority under this chapter, or
acquired or to be acquired or constructed or to be constructed by a
governmental agency or person with all or a part of the cost thereof
being paid from a loan or grant from the authority under this chapter
or otherwise paid from the proceeds of air quality revenue bonds,
including all buildings and facilities that the authority determines
necessary for the operation of the project, together with all
property, rights, easements, and interests that may be required for
the operation of the project.

(I)
"Cost" as applied to an air quality project means the cost
of acquisition and construction, the cost of acquisition of all land,
rights-of-way, property rights, easements, franchise rights, and
interests required for such acquisition and construction, the cost of
demolishing or removing any buildings or structures on land so
acquired, including the cost of acquiring any lands to which such
buildings or structures may be moved, the cost of acquiring or
constructing and equipping a principal office and sub-offices of the
authority, the cost of diverting highways, interchange of highways,
and access roads to private property, including the cost of land or
easements for such access roads, the cost of public utility and
common carrier relocation or duplication, the cost of all machinery,
furnishings, and equipment, financing charges, interest prior to and
during construction and for no more than eighteen months after
completion of construction, engineering, expenses of research and
development with respect to air quality facilities, the cost of any
commodity contract, including fees and expenses related thereto,
legal expenses, plans, specifications, surveys, studies, estimates of
cost and revenues, working capital, other expenses necessary or
incident to determining the feasibility or practicability of
acquiring or constructing such project, administrative expense, and
such other expense as may be necessary or incident to the acquisition
or construction of the project, the financing of such acquisition or
construction, including the amount authorized in the resolution of
the authority providing for the issuance of air quality revenue bonds
to be paid into any special funds from the proceeds of such bonds,
and the financing of the placing of such project in operation. Any
obligation, cost, or expense incurred by any governmental agency or
person for surveys, borings, preparation of plans and specifications,
and other engineering services, or any other cost described above, in
connection with the acquisition or construction of a project may be
regarded as a part of the cost of that project and may be reimbursed
out of the proceeds of air quality revenue bonds as authorized by
this chapter.

(J)
"Owner" includes an individual, copartnership, association,
or corporation having any title or interest in any property, rights,
easements, or interests authorized to be acquired by this chapter.

(K)
"Revenues" means all rentals and other charges received by
the authority for the use or services of any air quality project, any
gift or grant received with respect to any air quality project, any
moneys received with respect to the lease, sublease, sale, including
installment sale or conditional sale, or other disposition of an air
quality project, moneys received in repayment of and for interest on
any loans made by the authority to a person or governmental agency,
whether from the United States or any department, administration, or
agency thereof, or otherwise, proceeds of such bonds to the extent
that use thereof for payment of principal of, premium, if any, or
interest on the bonds is authorized by the authority, amounts
received or otherwise derived from a commodity contract or from the
sale of the related commodity under such a contract, proceeds from
any insurance, condemnation, or guaranty pertaining to a project or
property mortgaged to secure bonds or pertaining to the financing of
the project, and income and profit from the investment of the
proceeds of air quality revenue bonds or of any revenues.

(L)
"Public roads" includes all public highways, roads, and
streets in the state, whether maintained by the state, county, city,
township, or other political subdivision.

(M)
"Public utility facilities" includes tracks, pipes, mains,
conduits, cables, wires, towers, poles, and other equipment and
appliances of any public utility.

(N)
"Construction," unless the context indicates a different
meaning or intent, includes reconstruction, enlargement, improvement,
or providing furnishings or equipment.

(O)
"Air quality revenue bonds," unless the context indicates a
different meaning or intent, includes air quality revenue notes, air
quality revenue renewal notes, and air quality revenue refunding
bonds, except that notes issued in anticipation of the issuance of
bonds shall have a maximum maturity of five years as provided in
section 3706.05 of the Revised Code and notes or renewal notes issued
as the definitive obligation may be issued maturing at such time or
times with a maximum maturity of forty years from the date of
issuance of the original note.

(P)
"Solid waste" means any garbage; refuse; sludge from a
waste water treatment plant, water supply treatment plant, or air
pollution control facility; and other discarded material, including
solid, liquid, semisolid, or contained gaseous material resulting
from industrial, commercial, mining, and agricultural operations, and
from community activities, but not including solid or dissolved
material in domestic sewage, or solid or dissolved material in
irrigation return flows or industrial discharges that are point
sources subject to permits under section 402 of the "Federal
Water Pollution Control Act Amendments of 1972," 86 Stat. 880,
33 U.S.C.A. 1342, as amended, or source, special nuclear, or
byproduct material as defined by the "Atomic Energy Act of
1954," 68 Stat. 921, 42 U.S.C.A. 2011, as amended.

(Q)
"Sludge" means any solid, semisolid, or liquid waste, other
than a recyclable by-product, generated from a municipal, commercial,
or industrial waste water treatment plant, water supply plant, or air
pollution control facility or any other such wastes having similar
characteristics and effects.

(R)
"Ethanol or other biofuel facility" means a plant at which
ethanol or other biofuel is produced.

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

(T)
"Biofuel" means any fuel that is made from cellulosic
biomass resources, including renewable organic matter, crop waste
residue, wood, aquatic plants and other crops, animal waste, solid
waste, or sludge, and that is used for the production of energy for
transportation or other purposes.

(U)
"FutureGen project" means the buildings, equipment, and
real property and functionally related buildings, equipment, and real
property, including related research projects that support the
development and operation of the buildings, equipment, and real
property, designated by the United States department of energy and
the FutureGen industrial alliance, inc., as the coal-fueled,
zero-emissions power plant designed to prove the technical and
economic feasibility of producing electricity and hydrogen from coal
and nearly eliminating carbon dioxide emissions through capture and
permanent storage.

(V)
"Commodity contract" means a contract or series of
contracts entered into in connection with the acquisition or
construction of air quality facilities for the purchase or sale of a
commodity that is eligible for prepayment with the proceeds of
federally tax exempt bonds under sections 103, 141, and 148 of the
Internal Revenue Code of 1986, as amended, and regulations adopted
under it.

(W)
"Green energy" has the same meaning as in section 4928.01
of the Revised Code.

Sec.
3707.61.
(A)
The department of health shall create informational materials on type
1 diabetes for parents, guardians, educators, and other persons
having care or charge of children. The materials shall include
pertinent information to inform and educate parents, guardians,
educators, and other caretakers about type 1 diabetes in children,
including the following:

(1)
A description of type 1 diabetes;

(2)
A description of type 1 diabetes risk factors and warning signs;

(3)
A recommendation that the parents or guardian of a student who is
displaying type 1 diabetes warning signs should immediately consult
with the student's primary care provider to determine if immediate
screening is appropriate;

(4)
A description of the type 1 diabetes screening process, the
significance of the three stages of type 1 diabetes, and the
implications of test results identifying the presence of each stage;

(5)
A recommendation that, following a diagnosis of type 1 diabetes, the
student's parents or guardian should consult with the student's
primary care provider to develop an appropriate treatment plan, which
may include consultation with and examination by a specialty care
provider, including a properly qualified endocrinologist.

(B)
The department shall make the informational materials available on
its internet web site in a format suitable for easy downloading and
printing.

Sec.
3709.15.
The
board of health of a city or general health district may appoint as
many persons for sanitary duty as the public health and sanitary
conditions of the district require, and such persons shall have
general police powers and be known as "sanitarians." The
board may also appoint as many registered nurses for public health
nurse duty as the public health and sanitary conditions of the
district require, who shall be known as "public health nurses,"
and where such are appointed, the board may appoint licensed
practical nurses as defined by section
4723.15

4723.02

of the Revised Code. The legislative authority of the city may
determine the maximum number of sanitarians and public health nurses
and licensed practical nurses to be appointed.

The
board of health of a city or general health district may provide
nursing care and other therapeutic and supportive care services to
maintain an ill or infirm person in a place of residence used as such
person's home or elsewhere. The board shall charge and collect
reasonable fees not to exceed the cost of service for such care from
patients financially able to pay, or may accept payment for such
services from persons or public or private agencies on behalf of the
recipient, either directly or by contract with such persons or
agencies. The fees shall be retained by the board and placed in a
special fund to be known as the home health services fund, and shall
be used by the board only for defraying the cost of personnel,
equipment, supplies, rental of physical facilities including real
property, utilities, and administrative costs in providing services
under this section.

The
approval of the auditor of state referred to in section 5705.12 of
the Revised Code shall not be required for the establishment of the
fund.

The
board, in addition, may contract with any individual or a public or
private agency to furnish services authorized by this section on
behalf of a city or general health district for such time and for
such compensation as may be agreed upon by the board and the
individual or agency. The compensation shall be paid by the board
from the home health services fund, or from any other available fund
of the board.

Sec.
3715.021.
(A)
As used in this section
,
"food
:

(1)
"Food
processing
establishment" means a premises or part of a premises where food
is processed, packaged, manufactured, or otherwise held or handled
for distribution to another location or for sale at wholesale. "Food
processing establishment" includes the activities of a bakery,
confectionery, cannery, bottler, warehouse, or distributor, and the
activities of an entity that receives or salvages distressed food for
sale or use as food. A "food processing establishment" does
not include a cottage food production operation;
a
small egg producer;
a
processor of tree syrup who boils sap when a minimum of seventy-five
per cent of the sap used to produce the syrup is collected directly
from trees by that processor; a processor of sorghum who processes
sorghum juice when a minimum of seventy-five per cent of the sorghum
juice used to produce the sorghum is extracted directly from sorghum
plants by that processor; a beekeeper who jars honey when a minimum
of seventy-five per cent of the honey is from that beekeeper's own
hives; or a processor of apple syrup or apple butter who directly
harvests from trees a minimum of seventy-five per cent of the apples
used to produce the apple syrup or apple butter.

(2)
"Small egg producer" means any person that is engaged in
the operation of egg production and annually maintains five hundred
or fewer birds.

(B)
The director of agriculture shall adopt rules in accordance with
Chapter 119. of the Revised Code that establish, when otherwise not
established by the Revised Code, standards and good manufacturing
practices for food processing establishments, including the
facilities of food processing establishments and their sanitation.
The rules shall conform with or be equivalent to the standards for
foods established by the United States food and drug administration
in Title 21 of the Code of Federal Regulations.

A
business or that portion of a business that is regulated by the
department of agriculture under Chapter 917. or 918. of the Revised
Code is not subject to regulation under this section as a food
processing establishment.

Sec.
3717.071.
(A)
The director of agriculture and director of health shall prescribe
forms for use in calculating the licensing fees that may be charged
under sections 3717.25 and 3717.45 of the Revised Code. Each licensor
that charges licensing fees shall use the forms in calculating its
costs according to the uniform methodologies established in rules
adopted under section 3717.07 of the Revised Code.

(B)(1)
If the licensor is a board of health, the board shall submit the form
to the director of agriculture in the case of fees being charged for
retail food establishment licenses, and to the director of health in
the case of fees being charged for food service operation licenses.
The board shall submit the form to the appropriate director not later
than the first day of the fiscal year in which the fees will apply. A
form that is mailed to the director shall be considered to have been
submitted on its postmark date.

(2)
On receipt of a form from a board of health, the director of
agriculture or director of health shall review the form to determine
if the board has calculated its fees in accordance with the uniform
methodologies.
The
director may request that the auditor of state conduct an audit of
the board to determine if the fees it established are appropriate.
The audit is in addition to the annual or biennial audit conducted
pursuant to division (A) of section 117.11 of the Revised Code,

and
the cost of the audit is the responsibility of the board of health.

If
at any time the director of agriculture or director of health has
reasonable cause to believe that
a
different
an

audit
of a board of health
,
in addition to the annual or biennial audit conducted pursuant to
division (A) of section 117.11 of the Revised Code,

is in the public interest, the director may request that the auditor
of state conduct the audit. If the audit is conducted, the cost of
the audit is the responsibility of the board of health.

(C)(1)
If a board of health fails to submit the forms as required under
division (B)(1) of this section and the failure has occurred not more
than twice in the immediately preceding five-year period, the board
is subject to the following penalties:

(a)
If the form is late by one but not more than five working days, a
fine of fifty dollars for each working day the form is late;

(b)
If the form is late by six working days but not more than ten working
days, a fine of one hundred dollars for each working day the form is
late;

(c)
If the form is late by more than ten working days, the board shall
reduce by twenty per cent the fees it charges under section 3717.25
or 3717.45 of the Revised Code during the next succeeding fiscal
year.

(2)
If a board fails to submit the forms and the failure has occurred
more than twice in the immediately preceding five-year period, the
board shall reduce by twenty per cent the fees it charges under
section 3717.25 or 3717.45 of the Revised Code during the next
succeeding fiscal year.

(3)
A board of health that is required to pay a fine or reduce its
licensing fees shall not include any part of the cost of the penalty
in the fees it charges under section 3717.25 or 3717.45 of the
Revised Code or the fees it charges in operating any other licensing
program.

Sec.
3718.02.
(A)
The director of health, in accordance with Chapter 119. of the
Revised Code, shall adopt, and subsequently may amend and rescind,
rules of general application throughout the state to administer this
chapter. Rules adopted under division (A) of this section shall do at
least all of the following:

(1)
Require that the appropriate board of health approve or disapprove
the installation, operation, and alteration of a sewage treatment
system if it is not connected to a sanitary sewerage system;

(2)
Require a board of health, or other person as established by rule, to
conduct a site evaluation for any proposed installation of a sewage
treatment system;

(3)
Prescribe standards for the siting, design, installation, operation,
monitoring, maintenance, and abandonment of sewage treatment systems
that may be used in this state and for the progressive or incremental
alteration or repair of an existing sewage treatment system or the
progressive or incremental installation of a new system to replace an
existing sewage treatment system. The rules shall be adopted so as to
establish a preference for the repair of an existing sewage treatment
system, when technically and economically feasible, rather than its
replacement with a new system. The standards shall include at a
minimum all of the following:

(a)
Soil absorption specifications and vertical separation distances.

(i)
Soil absorption specifications established in rules shall include
standards regarding the sizing of sewage treatment systems in use in
the state.

(ii)
In establishing soil absorption specifications and vertical
separation distances, the rules shall identify those soil conditions
that present a low or moderate risk of inadequate treatment or
dispersal of sewage from sewage treatment systems. For low and
moderate risk conditions, the required vertical separation distance
shall not exceed eighteen inches except as authorized pursuant to
rules adopted under divisions (A)(3)(a)(iii) and (iv) of this
section.

In
addition, the rules shall identify those soil conditions that present
a high risk of inadequate treatment or dispersal of sewage. For such
high risk conditions, the vertical separation distance shall be set
at a depth from twenty-four to thirty-six inches and shall not be
lowered unless a reduction of vertical separation is granted in
accordance with rules adopted under division (A)(3)(a)(iii) of this
section.

(iii)
The rules shall establish options to be utilized by a board of health
when approving the reductions of or compliance with vertical
separation distances that are established in rules adopted under
division (A)(3)(a)(ii) of this section. The options for a board of
health in providing such approval shall include, but not be limited
to: the use where deemed appropriate for a particular site of
subsurface interceptor drains, perimeter drains, or engineered
drainage; pretreatment of sewage; or soil elevation.

(iv)
The rules shall provide that a board of health may petition the
director to increase the vertical separation distances required for
sewage treatment systems in the applicable health district or a
portion of the district when conditions present a high risk of
inadequate treatment or dispersal of sewage. The rules also shall
provide that the director may approve such a request upon a
demonstration by the board of health that unusual or unique local
conditions relating to terrain, bedrock, water table, soil fragments,
or soil textures require the establishment of greater vertical
separation distances within the jurisdiction of the board of health
or a portion thereof. If, under the rules, the director of health
approves a greater vertical separation distance, a board of health
still may approve a reduction of that vertical separation distance
for an individual sewage treatment system pursuant to rules adopted
under division (A)(3)(a)(iii) of this section. Further, if, under the
rules, the director approves a greater vertical separation distance,
a person who is denied permission by a board of health to install or
replace a sewage treatment system as a result of the director's
approval may request a hearing in accordance with section 3718.11 of
the Revised Code.

(b)
Specifications for the quality of treated sewage effluent from
household sewage treatment systems that is applied to soil on the
property where a household sewage treatment system is located. The
specifications established in the rules for the quality of effluent
from discharging systems shall comply with discharge requirements
imposed by the national pollutant discharge elimination system permit
program established under section 6111.03 of the Revised Code and
rules adopted under it.

(c)
Requirements for the reasonable maintenance of a system according to
maintenance requirements approved by the director of health as
recommended by the sewage treatment system technical advisory
committee or according to accepted standards and practices
established in rules, as applicable. The requirements may include
standards for service contracts or other arrangements that assure
regular maintenance and upkeep of the system. In determining the
reasonableness of a maintenance requirement, the director shall
consider a manufacturer's maintenance requirements as well as all
other maintenance alternatives.

(4)
Prescribe procedures for notification to boards of health of the
approval of a sewage treatment system or components of a system by
the director of health under section 3718.04 of the Revised Code;

(5)
Prescribe criteria and procedures under which boards of health shall
issue installation permits, operation permits, and alteration permits
for sewage treatment systems. The rules shall require as a condition
of an installation permit that the installer of a system must warrant
that the system was installed in accordance with all applicable rules
and design requirements. In addition, the rules shall require a board
of health, not later than sixty days after the issuance of an
installation, operation, or alteration permit, to notify the director
that the permit was issued. The rules shall require the notification
to be in a format prescribed by the director and to include
information related to the issuance of the permit. With the
assistance of the department of health, a board of health, to the
extent practicable, shall computerize the process of the issuance of
permits for sewage treatment systems.

(6)
Require a board of health to inspect a sewage treatment system not
later than twelve months after its installation to ensure that the
system is operating properly. The rules shall require a board of
health, not later than sixty days after the inspection, to certify to
the director on a form provided by the director that the inspection
was performed.

(7)
Require each board of health to develop a program for the
administration of maintenance requirements established in rules
adopted under division (A)(3)(c) of this section. The rules shall
include requirements and procedures under which a person may
demonstrate the required maintenance of a system in lieu of having an
inspection conducted when an inspection otherwise is required. The
rules shall require a board of health to provide written notice to a
person that is demonstrating maintenance of a system in lieu of an
inspection that if proof of the required maintenance of the system is
not provided as required by rules, the system is subject to
inspection by the board and the reasonable cost of the inspection
must be paid by the person. The rules shall authorize a board of
health to inspect any sewage treatment system if there is a
good-faith complaint regarding the system, there is probable cause
for the inspection, or proof of the required maintenance of the
system has not been provided as required by rules. In addition, the
rules shall authorize a board of health to inspect a sewage treatment
system without prior notice in any instance in which the board has
probable cause to believe that the system is endangering or
threatening to endanger public health. The rules shall require that
the reasonable costs for sewage effluent testing or evaluation be
paid by the owner of a sewage treatment system that is being
investigated. Further, the rules shall establish a methodology for
determining the reasonable costs of an inspection in accordance with
section 3709.09 of the Revised Code. The rules shall allow, but shall
not require, a board of health to continue an inspection program that
was established by the board prior to the effective date of the
rules, provided that the program authorizes a person to demonstrate
the required maintenance of a system in lieu of an inspection.

(8)
Require a board of health to register installers, service providers,
and septage haulers that perform work within the health district;
prescribe criteria and procedures for the registration; and prescribe
criteria for a demonstration of competency as a part of the
registration. The rules shall establish uniform statewide bonding
requirements or other financial security requirements for installers,
service providers, and septage haulers as a condition of registration
within any health district. The rules shall establish a methodology
by which the required amount of a bond or other security may be
calculated for each installer, service provider, and septage hauler.
The methodology, at a minimum, shall consider the number of systems
installed or serviced and the type of system installed or serviced by
an installer, service provider, or septage hauler on an annual basis.
The rules shall provide that no board of health shall require an
additional or different bond or security requirement as a condition
of registration beyond the bonding and security requirements
established in the rules adopted under division (A)(8) of this
section.

The
rules shall establish a cost methodology for determining the fee for
the registration of an installer, service provider, or septage hauler
in any health district.

(9)
Prescribe requirements for the collection, transportation, disposal,
and land application of domestic septage in this state from a sewage
treatment system;

(10)
Require boards of health to maintain records that are determined
necessary to ascertain compliance with this chapter and the rules
adopted under it;

(11)
Require the manufacturer of a sewage treatment system that is
authorized for use in this state in rules adopted under this section
or that is approved for use in this state under section 3718.04 of
the Revised Code to provide instructions for the operation and
maintenance of the system. The rules shall provide that a board of
health may require a copy of a manufacturer's instructions for the
operation and maintenance of a system to be filed with the board
prior to the installation and use of the system in the health
district in which the board has jurisdiction. In addition, the rules
shall require a board of health and a manufacturer to provide a copy
of the operation and maintenance instructions, if available, when a
board of health or a manufacturer receives a written request for
instructions.

(12)
Prescribe criteria for the provision of written evidence of
compliance with rules pertaining to sewage treatment for purposes of
sections 711.05 and 711.10 of the Revised Code;

(13)
Pursuant to divisions (A)(1) and (3) of this section, prescribe
standards for the siting, design, installation, operation,
monitoring, maintenance, and abandonment of small flow on-site sewage
treatment systems that may be used in this state;

(14)
Prescribe minimum criteria and procedures under which boards of
health may establish household sewage treatment district management
programs for the purpose of providing a responsive approach toward
preventing or solving sewage treatment problems resulting from
household sewage treatment systems within the districts established
under the program. For purposes of division (A)(14) of this section,
a board of health may enter into a contract with any entity to
administer a household sewage treatment district management program.

(15)
Prescribe standards for the use of subsurface interceptor drains,
perimeter drains, and engineered drainage to remove or divert any
subsurface water from an area to be used for soil absorption of
sewage in the soil of a sewage treatment system;

(16)
Prescribe standards for the inspection of septage hauling truck tanks
by boards of health, including, but not limited to, tank seal safety
specifications;

(17)
Establish standards and testing methods to ensure that all septic
tanks, other disposal component tanks, dosing tanks, pump vaults,
household sewage treatment disposal system holding tanks and privy
vaults, or other applicable sewage disposal system components
manufactured after September 17, 2010, and used in this state are
watertight and structurally sound;

(18)
Require a board of health to give notice and an opportunity for a
hearing, pursuant to section 3718.11 of the Revised Code, to an
affected property owner regarding any of the following:

(a)
The denial of an installation, operation, or alteration permit for a
sewage treatment system;

(b)
The imposition of a condition on the installation of a sewage
treatment system;

(c)
The required replacement of a sewage treatment system;

(d)
Any other final order or decision of a board of health that is made
under this chapter concerning which a property owner is claiming to
be aggrieved or adversely affected.

The
rules also shall establish procedures for giving such notice and for
conducting the hearing required in rules adopted under division
(A)(18) of this section.

(19)
Prescribe standards for the regulation of gray water recycling
systems;

(20)
Prohibit a sewage treatment system from causing a public health
nuisance;

(21)
Define economic impact for purposes of division (B) of this section
and section 3718.022 of the Revised Code
;

(22)
Establish statistical methods for evaluating sewage treatment system
compliance for a twelve inch soil depth credit relative to bacterial
parameters, such as fecal coliform and E. coli., that are derived
from a minimum of one hundred forty-four consecutive data points.
Such statistical methods shall include one of the following:

(a)
The upper confidence limit of the mean method using log-transformed
data, with the upper confidence limit derived from one of the
following:

(i)
A two-sided ninety-five per cent confidence interval for the mean and
the maximum number of individual data points exceeding the treatment
standard being five per cent;

(ii)
A two-sided ninety-nine per cent confidence interval for the mean and
the maximum number of individual data points exceeding the treatment
standard being ten per cent.

(b)
Any other statistical method that is equally protective of public
health and welfare.

The
rule also shall specify that a soil depth credit shall be approved
when the upper confidence limit of the mean using log-transformed
data is less than the applicable fecal coliform or E. coli. treatment
standard set forth in rules adopted in accordance with this division
.

The
director may adopt other rules under division (A) of this section
that the director determines are necessary to implement this chapter
and to protect the public health and welfare.

At
least sixty days prior to adopting a rule under division (A) of this
section, the director shall provide boards of health and any other
interested parties an opportunity to comment on the rule.

(B)(1)
In accordance with section 3709.20 or 3709.21 of the Revised Code, as
applicable, and subject to review by and approval of the director
under division (C) of section 3718.05 of the Revised Code, a board of
health may adopt rules necessary for the public health providing for
more stringent standards than those established in rules adopted by
the director under division (A) of this section. In proposing or
adopting the rules, a board of health shall consider and document the
economic impact of the rules on property owners within the applicable
health district.

(2)
A board that intends to adopt rules shall notify the department of
health of the proposed rules and submit a copy of the proposed rules
and the documentation of the economic impact of the rules at least
ninety days prior to the proposed date of adoption. The director
shall approve or disapprove any such proposed rule within ninety days
after receiving a copy of the proposed rule from the board of health.

(3)
In reviewing a proposed rule, the director shall approve the rule if
all of the following apply:

(a)
The proposed rule is not in conflict with this chapter or rules
adopted under it.

(b)
The proposed rule is authorized by division (B) of this section.

(c)
The proposed rule is no less stringent than rules adopted by the
director.

(d)
Unless otherwise authorized by this chapter or rules adopted under
it, the proposed rule does not require design changes to a sewage
treatment system, or component thereof, that differ from a design
authorized in rules adopted under division (A) of this section,
including rules adopted under division (A)(1) or (A)(3)(a)(iii) or
(iv) of this section, or approved by the director under section
3718.04 of the Revised Code.

(e)
The proposed rule does not require operation or maintenance
procedures for a sewage treatment system that conflict with operation
or maintenance procedures authorized in rules adopted under division
(A) of this section, including rules adopted under division (A)(1) or
(A)(3)(a)(iii) or (iv) of this section, or approved by the director
under section 3718.04 of the Revised Code.

(4)
If a board of health fails to submit a proposed rule to the director
or fails to demonstrate that the board has considered the economic
impact of the proposed rule, the rule shall have no force or effect
and is not enforceable.

(C)
The director shall not adopt rules under this chapter requiring a
soil evaluator or soil scientist to evaluate the soil type and slope
with respect to a sewage treatment system or a proposed sewage
treatment system.

Sec.
3718.04.
(A)
A manufacturer seeking approval for the installation and use of a
sewage treatment system or a component of a system in this state that
differs in design or function from systems or components of systems
the use of which is authorized in rules adopted under section 3718.02
of the Revised Code shall request an application form from the
department of health. The applicant shall complete the form and
include with it all of the information that is required by the
department and the sewage treatment system technical advisory
committee. The applicant shall submit a completed application and all
required information to the director of health.

(B)
Upon receipt of an application, the director shall examine the
application and all accompanying information to determine if the
application is complete. If the director determines that the
application is not complete, the director shall notify the applicant
not later than sixty days after submission of the application that
the application is not complete, provide a description of the
information that is missing from the application, and return the
application and all accompanying information to the applicant. The
applicant may resubmit the application to the director if the
application includes the information that was identified by the
director. Not later than thirty days after receipt of a complete
application, the director shall notify the committee of the complete
application and send a copy of the complete application and all
accompanying information to the committee together with a request
that the committee recommend that the director approve or disapprove
the system.

Not
later than ninety days after receipt of a complete application, the
committee shall recommend approval or disapproval of the application
and submit its recommendation in writing to the director. The
director shall approve or disapprove the application not later than
sixty days after the committee submits its recommendation to the
director or, if the committee fails to recommend approval or
disapproval within the required time, not later than one hundred
twenty days after the submission of a complete application. If the
director fails to approve or disapprove an application within the
required time, the application shall be deemed approved.

(C)
In approving or disapproving an application, the director shall use
the standards, guidelines, and protocols that the committee developed
with the department for that purpose. The director shall not approve
an application that fails to comply with those standards, guidelines,
and protocols. If the committee recommends approval or disapproval of
an application, the director shall consider the committee's
recommendation before approving or disapproving the application. If
the committee fails to provide advice or if the committee fails to
recommend approval or disapproval of the application within the
required time, the director may approve or disapprove the application
without considering the advice of the committee. The director shall
establish and include any appropriate terms and conditions with the
approval of a sewage treatment system or component of a system for
use in this state. For purposes of establishing soil absorption
specifications for a sewage treatment system, the terms and
conditions shall include standards regarding the sizing of the
system.

(D)
If the director approves an application under this section, the
director shall notify the applicant in writing. The director also
shall notify boards of health in accordance with the procedures
established in rules adopted under section 3718.02 of the Revised
Code that the sewage treatment system or component of a system that
is the subject of the application is approved for statewide use. If
the director disapproves an application under this section, the
director shall notify the applicant in writing and provide a brief
explanation for the disapproval.

(E)
Decisions of the director approving or disapproving applications
under this section may be appealed in accordance with Chapter 119. of
the Revised Code.

(F)
No approval shall be required under this section with respect to a
sewage treatment system or component of a system that has been
approved by the director prior to
the
effective date of this amendment
September
17, 2010,

unless the manufacturer of the system or component changes the design
or seeks modifications to any terms and conditions of the prior
approval.

(G)
The director may revoke the approval of a sewage treatment system or
component of a system if the director finds, based on substantial
evidence, that the system or component fails to comply with
applicable standards for the system or component. The revocation of
an approval under this division may be appealed in accordance with
Chapter 119. of the Revised Code.

(H)(1)
The director shall not implement or enforce any special device
approval or similar policy imposing additional requirements or
restrictions on a sewage treatment system or component of a system
that combines the treatment of effluent with subsurface dispersal of
treated effluent directly to the soil, sand bed, or gravel for any
approval in effect as of December 31, 2020.

(2)
If the director issued an approval for such a system and the approval
was in effect as of December 31, 2020, the system may be modified
upon request by the manufacturer if the system meets the intent of
applicable standards, guidelines, and protocols. However, the
system's approval otherwise remains valid under the original terms
and conditions and may not be revoked or subjected to any new
application or monitoring requirements unless clear, independent
statistically significant evidence demonstrates that the system
design consistently underperforms relative to gravel distribution
trenches.

(3)
Divisions (H)(1) and (2) of this section apply only to subsurface
dispersal systems or components of a system and do not apply to
effluent discharged into waters of the state.

Sec.
3719.04.
(A)
A person
identified
in division (B)(1)(a) of section 4729.52 of the Revised Code
who
holds a
category
III
license

issued

under

that

section

4729.52
of the Revised Code granting authority with respect to controlled
substances
may
sell at wholesale controlled substances to any of the following
persons and
is

subject
to the following conditions:

(1)
To another person who holds a
category
III
license
issued under section 4729.52 of the Revised Code
granting
authority with respect to controlled substances
or
to a terminal distributor of dangerous drugs with a
category
III
license
issued under section 4729.54 of the Revised Code

granting
authority with respect to controlled substances
;

(2)
To a person in the employ of the United States government or of any
state, territorial, district, county, municipal, or insular
government, purchasing, receiving, possessing, or dispensing
controlled substances by reason of official duties;

(3)
To a master of a ship or a person in charge of any aircraft upon
which no physician is regularly employed, for the actual medical
needs of persons on board the ship or aircraft, when not in port;
provided such controlled substances shall be sold to the master of
the ship or person in charge of the aircraft only in pursuance of a
special official written order approved by a commissioned medical
officer or acting assistant surgeon of the United States public
health service;

(4)
To a person in a foreign country, if the federal drug abuse control
laws are complied with.

(B)
An official written order for any schedule II controlled substances
shall comply with all requirements of the federal drug abuse control
laws and rules adopted by the state board of pharmacy. Except as
provided in section 3719.05 of the Revised Code or as otherwise
specified in rules adopted by the board, each party engaged in the
sale of schedule II controlled substances shall maintain all records
relating to the order for a period of five years in such a way as to
be readily accessible for inspection by any public officer or
employee engaged in the enforcement of this chapter.

Sec.
3721.074.
(A)
As used in this section:

(1)
"Independent living facility" has the same meaning as in
section 5709.12 of the Revised Code.

(2)
"Residential facility" has the same meaning as in section
5119.34 of the Revised Code.

(B)(1)
Notwithstanding any provision of the Revised Code to the contrary, an
independent living facility or residential facility that applies to
the director of health pursuant to section 3721.07 of the Revised
Code for a license as a residential care facility may continue to
operate as an independent living facility or residential facility in
accordance with this section during the period of time that the
application is under consideration by the director.

(2)
An independent living facility or residential facility shall not
provide care to more than two residents while its application under
section 3721.07 of the Revised Code is pending.

Sec.
3721.32.
(A)
The director of health shall establish a state nurse aide registry
listing all individuals who have done any of the following:

(1)
Were used by a long-term care facility as nurse aides on a full-time,
temporary, per diem, or other basis at any time during the period
commencing July 1, 1989, and ending January 1, 1990, and successfully
completed, not later than October 1, 1990, a competency evaluation
program approved by the director under division (A) of section
3721.31 of the Revised Code or conducted by the director under
division (C) of that section;

(2)
Successfully completed a training and competency evaluation program
approved by the director under division (A) of section 3721.31 of the
Revised Code or met the conditions specified in division (F)(1) or
(2) of section 3721.28 of the Revised Code, and, if the training and
competency evaluation program or the training, instruction, or
education the individual completed in meeting the conditions
specified in division (F)(1) of section 3721.28 of the Revised Code
was conducted in or by a long-term care facility, has successfully
completed a competency evaluation program conducted by the director;

(3)
Successfully completed a training and competency evaluation program
conducted by the director under division (C) of section 3721.31 of
the Revised Code;

(4)
Successfully completed, prior to July 1, 1989, a program that the
director has determined under division (B)(3) of section 3721.28 of
the Revised Code included a competency evaluation component no less
stringent than the competency evaluation programs approved or
conducted by the director under section 3721.31 of the Revised Code,
and was otherwise comparable to the training and competency
evaluation program being approved by the director under section
3721.31 of the Revised Code;

(5)
Are listed in a nurse aide registry maintained by another state that
certifies that its program for training and evaluation of competency
of nurse aides complies with Titles XVIII and XIX of the "Social
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,
or regulations adopted thereunder;

(6)
Were found competent, as provided in division (B)(5) of section
3721.28 of the Revised Code, prior to July 1, 1989, after the
completion of a course of nurse aide training of at least one hundred
hours' duration;

(7)
Are enrolled in a prelicensure program of nursing education approved
by the board of nursing or by an agency of another state that
regulates nursing education, have provided the long-term care
facility with a certificate from the program indicating that the
individual has successfully completed the courses that teach basic
nursing skills including infection control, safety and emergency
procedures, and personal care, and have successfully completed a
competency evaluation program conducted by the director under
division (A) of section 3721.31 of the Revised Code;

(8)
Have the equivalent of twelve months or more of full-time employment
in the five years preceding listing in the registry as a hospital
aide or orderly and have successfully completed a competency
evaluation program conducted by the director under division (C) of
section 3721.31 of the Revised Code;

(9)
Successfully completed a prelicensure program of nursing education
approved by the board of nursing under section 4723.06 of the Revised
Code or by an agency of another state that regulates nursing
education and passed the examination accepted by the board of nursing
under section 4723.10 of the Revised Code, which shall be deemed as
successfully completing a competency evaluation program conducted by
the director under division (C) of section 3721.31 of the Revised
Code
;

(10)
Successfully completed both of the following:

(a)
A training course provided by the United States department of
veterans affairs in a community living center operated by the
department of veterans affairs that the director of health determines
is similar to a training and competency evaluation program conducted
by the director under division (C) of section 3721.31 of the Revised
Code;

(b)
A competency evaluation program conducted by the director of health
under division (C) of section 3721.31 of the Revised Code
.

(B)
In addition to the list of individuals required by division (A) of
this section, the registry shall include both of the following:

(1)
The statement required by section 3721.23 of the Revised Code
detailing findings by the director under that section regarding
alleged abuse, neglect, or exploitation of a resident or
misappropriation of resident property;

(2)
Any statement provided by an individual under section 3721.23 of the
Revised Code disputing the director's findings.

Whenever
an inquiry is received as to the information contained in the
registry concerning an individual about whom a statement required by
section 3721.23 of the Revised Code is included in the registry, the
director shall disclose the statement or a summary of the statement
together with any statement provided by the individual under section
3721.23 or a clear and accurate summary of that statement.

(C)
The director may by rule specify additional information that must be
provided to the registry by long-term care facilities and persons or
government agencies conducting approved training and competency
evaluation programs.

(D)
Information contained in the registry is a public record for the
purposes of section 149.43 of the Revised Code, and is subject to
inspection and copying under section 1347.08 of the Revised Code.

(E)
An individual who is listed on the registry in good standing shall be
referred to as a certified nurse aide. Only individuals listed on the
registry shall use the designation "certified nurse aide"
or "CNA."

Sec.
3722.15.
(A)
A hospital that is a medicaid provider and that operates a maternity
unit shall agree to a written transfer agreement with any
freestanding birthing center if both of the following apply:

(1)
The freestanding birthing center is located within a thirty mile
radius of the hospital.

(2)
The freestanding birthing center has requested a transfer agreement.

(B)
A transfer agreement shall specify an effective procedure for the
safe and immediate transfer of patients from the freestanding
birthing center to the hospital when medical care beyond the care
that can be provided at the freestanding birthing center is
necessary, including when emergency situations occur or medical
complications arise.

(C)
The freestanding birthing center shall file a copy of the transfer
agreement with the director of health.

Sec.
3727.46.
(A)
As used in this section:

(1)
"Facility fee" means the portion of a bill for health care
treatment that covers all the costs of delivering patient care,
except for those that are billed by one or more physicians and other
professionals.

(2)
"Governmental health plan" means a plan established or
maintained for its beneficiaries by the government of the United
States, the government of any state or political subdivision thereof,
or by any agency or instrumentality of the government of the United
States or the government of any state or political subdivision
thereof, including medicare and medicaid managed care organization
plans.

(3)
"Hospital" means an institution or facility licensed under
Chapter 3722. of the Revised Code.

(4)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and surgery.

(5)
"Primary care services" means professional comprehensive
personal health services, which may include health education and
disease prevention, treatment of uncomplicated health problems,
diagnosis of chronic health problems, and management of health care
services for an individual. "Primary care services" does
not include imaging services or diagnostic testing performed in a
primary care setting.

(6)
"Third-party payor" means an entity, excluding any
governmental health plan, that is, by statute, contract, or
agreement, legally responsible for payment of a claim for a health
care service.

(7)
"Self-pay individual" means an individual who does not have
benefits for a health care service under a health plan offered by a
third-party payor or who does not seek to have a claim for that
service submitted to the third-party payer for payment.

(B)(1)
Beginning January 1, 2028, and subject to division (B)(2) of this
section, a medical practice specializing in primary care that is
owned or operated by a hospital or hospital system shall not require
a self-pay individual or third-party payor to pay a facility fee in
connection with any primary care service provided to a patient at the
practice.

(2)
The prohibition described in division (B)(1) of this section applies
only if both of the following are the case:

(a)
The medical practice was owned or operated solely by a physician or
group of physicians at the time of its purchase by the hospital or
hospital system;

(b)
The hospital or hospital system purchased the medical practice after
January 1, 2010.

(C)
This section shall not be construed to apply to a medical practice
specializing in primary care that is established by a hospital or
hospital system.

Sec.
3728.01.
As
used in this chapter:

(A)
"Administer epinephrine" means to inject an individual with
epinephrine using an autoinjector in a manufactured dosage form.

(B)
"Peace officer" has the same meaning as in section 109.71
of the Revised Code and also includes a sheriff.

(C)
"Prescriber" means an individual who is authorized by law
to prescribe drugs or dangerous drugs or drug therapy related devices
in the course of the individual's professional practice, including
only the following:

(1)
A clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner who holds a certificate to prescribe issued under
section 4723.48 of the Revised Code;

(2)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery;

(3)
A physician assistant who is licensed under Chapter 4730. of the
Revised Code, holds a valid prescriber number issued by the state
medical board, and has been granted physician-delegated prescriptive
authority.

(D)
"Qualified entity" means either of the following:

(1)
Any public or private entity that is associated with a location where
allergens capable of causing anaphylaxis may be present, including
child care centers, colleges and universities, places of employment,
restaurants, amusement parks, recreation camps, sports playing fields
and arenas, and other similar locations, except that "qualified
entity" does not include either of the following:

(a)
A chartered or nonchartered nonpublic school; community school;
science, technology, engineering, and mathematics school;
college-preparatory boarding school; or a school operated by the
board of education of a city, local, exempted village, or joint
vocational school district, as those entities are otherwise
authorized to procure epinephrine autoinjectors pursuant to sections
3313.7110, 3313.7111, 3314.143, 3326.28, or 3328.29 of the Revised
Code;

(b)
A camp described in section
5101.76

5180.26

of
the Revised Code that is authorized to procure epinephrine
autoinjectors pursuant to that section;

(2)
Either of the following served by a peace officer: a law enforcement
agency or other entity described in division (A) of section 109.71 of
the Revised Code.

Sec.
3734.021.
(A)
Infectious wastes shall be segregated, managed, treated, and disposed
of in accordance with rules adopted under this section.

(B)
The director of environmental protection, in accordance with Chapter
119. of the Revised Code, shall adopt rules necessary or appropriate
to protect human health or safety or the environment that do both of
the following:

(1)
Establish standards for generators of infectious wastes that include,
without limitation, the following requirements and authorizations
that:

(a)
All generators of infectious wastes:

(i)
Either treat all specimen cultures and cultures of viable infectious
agents on the premises where they are generated to render them
noninfectious by methods, techniques, or practices prescribed by
rules adopted under division (B)(2)(a) of this section before they
are transported off that premises for disposal or ensure that such
wastes are treated to render them noninfectious at an infectious
waste treatment facility off that premises prior to disposal of the
wastes;

(ii)
Transport and dispose of infectious wastes, if a generator produces
fewer than fifty pounds of infectious wastes during any one month
that are subject to and packaged and labeled in accordance with
federal requirements, in the same manner as solid wastes. Such
generators who treat specimen cultures and cultures of viable
infectious agents on the premises where they are generated shall not
be considered treatment facilities as "treatment" and
"facility" are defined in section 3734.01 of the Revised
Code.

(iii)
Dispose of infectious wastes subject to and treated in accordance
with rules adopted under division (B)(1)(a)(i) of this section in the
same manner as solid wastes;

(iv)
May take wastes generated in providing care to a patient by an
emergency medical services organization, as defined in section
4765.01 of the Revised Code, to and leave them at a hospital, as
defined in section 3727.01 of the Revised Code, for treatment at a
treatment facility owned or operated by the hospital or, in
conjunction with infectious wastes generated by the hospital, at
another treatment facility regardless of whether the wastes were
generated in providing care to the patient at the scene of an
emergency or during the transportation of the patient to a hospital;

(v)
May take wastes generated by an individual for purposes of the
individual's own care or treatment to and leave them at a hospital,
as defined in section 3727.01 of the Revised Code, for treatment at a
treatment facility owned or operated by the hospital or, in
conjunction with infectious wastes generated by the hospital, at
another treatment facility.

(b)
Each generator of fifty pounds or more of infectious wastes during
any one month:

(i)
Register with the environmental protection agency as a generator of
infectious wastes and obtain a registration certificate.
The
fee for issuance of a generator registration certificate is one
hundred forty dollars payable at the time of application.
The
registration certificate applies to all the premises owned or
operated by the generator in this state where infectious wastes are
generated and shall list the address of each such premises. If a
generator owns or operates facilities for the treatment of infectious
wastes it generates, the certificate shall list the address and
method of treatment used at each such facility.

A
generator registration certificate is valid for three years from the
date of issuance and shall be renewed for a term of three years upon
the generator's submission of an application for renewal

and
payment of a one hundred forty dollar renewal fee
.

The
rules may establish a system of staggered renewal dates with
approximately one-third of such certificates subject to renewal each
year. The applicable renewal date shall be prescribed on each
registration certificate.

Registration
fees shall be prorated according to the time remaining in the
registration cycle to the nearest year.

The
registration and renewal fees collected under division (B)(1)(b)(i)
of this section shall be deposited in the state treasury to the
credit of the waste management fund created in section 3734.061 of
the Revised Code.

(ii)
Segregate infectious wastes from other wastes at the point of
generation. Nothing in this section and rules adopted under it
prohibits a generator of infectious wastes from designating and
managing any wastes, in addition to those defined as infectious
wastes under section 3734.01 of the Revised Code, as infectious
wastes. After designating any such other wastes as infectious, the
generator shall manage those wastes in compliance with the
requirements of this chapter and rules adopted under it applicable to
the management of infectious wastes.

(iii)
Either treat the infectious wastes that it generates at a facility
owned or operated by the generator by methods, techniques, or
practices prescribed by rules adopted under division (B)(2)(a) of
this section to render them noninfectious, or designate the wastes
for treatment off that premises at an infectious waste treatment
facility holding a license issued under division (B) of section
3734.05 of the Revised Code, at an infectious waste treatment
facility that is located in another state that is in compliance with
applicable state and federal laws, or at a treatment facility
authorized by rules adopted under division (B)(2)(d) of this section,
prior to disposal of the wastes. After being treated to render them
noninfectious, the wastes shall be disposed of at a solid waste
disposal facility holding a license issued under division (A) of
section 3734.05 of the Revised Code or at a disposal facility in
another state that is in compliance with applicable state and federal
laws.

(iv)
Not compact or grind any type of infectious wastes prior to treatment
in accordance with rules adopted under division (B)(2)(a) of this
section;

(v)
May discharge untreated liquid or semiliquid infectious wastes
consisting of blood, blood products, body fluids, and excreta into a
disposal system, as defined in section 6111.01 of the Revised Code,
unless the discharge of those wastes into a disposal system is
inconsistent with the terms and conditions of the permit for the
system issued under Chapter 6111. of the Revised Code;

(vi)
May transport or cause to be transported infectious wastes that have
been treated to render them noninfectious in the same manner as solid
wastes are transported.

(2)
Establish standards for owners and operators of infectious waste
treatment facilities that include, without limitation, the following
requirements and authorizations that:

(a)
Require treatment of all wastes received to be performed in
accordance with methods, techniques, and practices approved by the
director;

(b)
Govern the location, design, construction, and operation of
infectious waste treatment facilities. The rules adopted under
division (B)(2)(b) of this section shall require that a new
infectious waste incineration facility be located so that the
incinerator unit and all areas where infectious wastes are handled on
the premises where the facility is proposed to be located are at
least three hundred feet inside the property line of the tract of
land on which the facility is proposed to be located and are at least
one thousand feet from any domicile, school, prison, or jail that is
in existence on the date on which the application for the permit to
establish the incinerator is submitted under division (B)(2)(b) of
section 3734.05 of the Revised Code.

(c)
Establish quality control and testing procedures to ensure compliance
with the rules adopted under division (B)(2)(b) of this section;

(d)
Authorize infectious wastes to be treated at a facility that holds a
license or renewal of a license to operate a crematory facility
issued under Chapter 4717., and a permit issued under Chapter 3704.,
of the Revised Code to the extent that the treatment of those wastes
is consistent with that permit and its terms and conditions. The
rules adopted under divisions (B)(2)(b) and (c) of this section do
not apply to a facility holding such a license and permit.

In
adopting the rules required by divisions (B)(2)(a) to (d) of this
section, the director shall consider and, to the maximum feasible
extent, utilize existing standards and guidelines established by
professional and governmental organizations having expertise in the
fields of infection control and infectious wastes management.

(e)
Require shipping papers to accompany shipments of wastes that have
been treated to render them noninfectious. The shipping papers shall
include only the following elements:

(i)
The name of the owner or operator of the facility where the wastes
were treated and the address of the treatment facility;

(ii)
A certification by the owner or operator of the treatment facility
where the wastes were treated indicating that the wastes have been
treated by the methods, techniques, and practices prescribed in rules
adopted under division (B)(2)(a) of this section.

(C)
This section and rules adopted under it do not apply to the treatment
or disposal of wastes consisting of dead animals or parts thereof, or
the blood of animals:

(1)
By the owner of the animal after slaughter by the owner on the
owner's premises to obtain meat for consumption by the owner and the
members of the owner's household;

(2)
In accordance with Chapter 941. of the Revised Code; or

(3)
By persons who are subject to any of the following:

(a)
Inspection under the "Federal Meat Inspection Act," 81
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;

(b)
Chapter 918. of the Revised Code;

(c)
Chapter 953. of the Revised Code.

(D)
As used in this section, "generator" means a person who
produces infectious wastes at a specific premises.

(E)
Rules adopted under this section shall not concern or relate to
personnel policies, salaries, wages, fringe benefits, or other
conditions of employment of employees of persons owning or operating
infectious waste treatment facilities.

(F)(1)
The director, in accordance with Chapter 119. of the Revised Code,
shall adopt rules governing the issuance, modification, revocation,
suspension, and denial of variances from the rules adopted under
division (B) of this section. Variances shall be issued, modified,
revoked, suspended, or denied in accordance with division (F) of this
section, rules adopted under it, and Chapter 3745. of the Revised
Code.

(2)
A person who desires to obtain a variance or renew a variance from
the rules adopted under division (B) of this section shall submit to
the director an application as prescribed by the director. The
application shall contain detail plans, specifications, and
information regarding objectives, procedures, controls, and any other
information that the director may require. The director shall issue,
renew, or deny a variance or renewal of a variance within six months
of the date on which the director receives a complete application
with all required information and data.

(3)
The director may hold a public hearing on an application submitted
under division (F) of this section for a variance at a location in
the county in which the operations that are the subject of the
application for a variance or renewal of variance are conducted. Not
less than twenty days before the hearing, the director shall provide
to the applicant notice of the hearing by certified mail or by
another type of mail that is accompanied by a receipt and shall
publish notice of the hearing at least one time in a newspaper of
general circulation in the county in which the hearing is to be held
or may instead provide public notice by publication on the
environmental protection agency's web site. The director shall make a
complete stenographic record or electronic record of testimony and
other evidence submitted at the hearing. Not later than ten days
after the hearing, the director shall make a written determination to
issue, renew, or deny the variance and shall enter the determination
and the basis for it into the record of the hearing.

(4)
A variance shall not be issued, modified, revoked, or denied under
division (F) of this section until the director has considered the
relative interests of the applicant, other persons and property that
will be affected by the variance, and the general public. The
director shall grant a variance only if the applicant demonstrates to
the director's satisfaction that the requested action will not create
a nuisance or a hazard to the health or safety of the public or to
the environment. In granting a variance, the director shall state the
specific provision or provisions whose terms are to be varied and
also shall state specific terms or conditions imposed on the
applicant in place of the provision or provisions.

(5)
A variance granted under division (F) of this section shall be for a
period specified by the director and may be renewed from time to time
on terms and for periods that the director determines to be
appropriate. The director may order the person to whom a variance has
been issued to take action within the time that the director
determines to be appropriate and reasonable to prevent the creation
of a nuisance or a hazard to the health or safety of the public or to
the environment.

(6)
An application submitted under division (F) of this section shall not
be denied and a variance shall not be revoked or modified under that
division without a written order of the director stating the findings
on which the denial, revocation, or modification is based. A copy of
the order shall be sent to the applicant or holder of a variance by
certified mail or by another type of mail that is accompanied by a
receipt.

(7)
The director shall make available for public inspection at the
principal office of the environmental protection agency a current
list of pending applications for variances submitted under division
(F) of this section and a current schedule of pending variance
hearings under it.

Sec.
3734.05.
(A)(1)
Except as provided in divisions (A)(6) and (7) of this section, no
person shall operate or maintain a solid waste facility without a
license issued under this division by the board of health of the
health district in which the facility is located or by the director
of environmental protection when the health district in which the
facility is located is not on the approved list under section 3734.08
of the Revised Code.

During
the month of December, but before the first day of January of the
next year, every person proposing to continue to operate an existing
solid waste facility shall procure a license under this division to
operate the facility for that year from the board of health of the
health district in which the facility is located or, if the health
district is not on the approved list under section 3734.08 of the
Revised Code, from the director. The application for such a license
shall be submitted to the board of health or to the director, as
appropriate, on or before the last day of September of the year
preceding that for which the license is sought. In addition to the
application fee prescribed in division (A)(2) of this section, a
person who submits an application after that date shall pay an
additional ten per cent of the amount of the application fee for each
week that the application is late. Late payment fees accompanying an
application submitted to the board of health shall be credited to the
special fund of the health district created in division (B) of
section 3734.06 of the Revised Code, and late payment fees
accompanying an application submitted to the director shall be
credited to the general revenue fund. A person who has received a
license, upon sale or disposition of a solid waste facility, and upon
consent of the board of health and the director, may have the license
transferred to another person. The board of health or the director
may include such terms and conditions in a license or revision to a
license as are appropriate to ensure compliance with this chapter and
rules adopted under it. The terms and conditions may establish the
authorized maximum daily waste receipts for the facility. Limitations
on maximum daily waste receipts shall be specified in cubic yards of
volume for the purpose of regulating the design, construction, and
operation of solid waste facilities. Terms and conditions included in
a license or revision to a license by a board of health shall be
consistent with, and pertain only to the subjects addressed in, the
rules adopted under division (A) of section 3734.02 and division (D)
of section 3734.12 of the Revised Code.

(2)(a)
Except as provided in divisions (A)(2)(b), (6), and (7) of this
section, each person proposing to open a new solid waste facility or
to modify an existing solid waste facility shall submit an
application for a permit with accompanying detail plans and
specifications to the environmental protection agency for required
approval under the rules adopted by the director pursuant to division
(A) of section 3734.02 of the Revised Code and applicable rules
adopted under division (D) of section 3734.12 of the Revised Code at
least two hundred seventy days before proposed operation of the
facility and shall concurrently make application for the issuance of
a license under division (A)(1) of this section with the board of
health of the health district in which the proposed facility is to be
located.

(b)
On and after the effective date of the rules adopted under division
(A) of section 3734.02 of the Revised Code and division (D) of
section 3734.12 of the Revised Code governing solid waste transfer
facilities, each person proposing to open a new solid waste transfer
facility or to modify an existing solid waste transfer facility shall
submit an application for a permit with accompanying engineering
detail plans, specifications, and information regarding the facility
and its method of operation to the environmental protection agency
for required approval under those rules at least two hundred seventy
days before commencing proposed operation of the facility and
concurrently shall make application for the issuance of a license
under division (A)(1) of this section with the board of health of the
health district in which the facility is located or proposed.

(c)
Each application for a permit under division (A)(2)(a) or (b) of this
section shall be accompanied by a nonrefundable application fee of
four hundred dollars that shall be credited to the general revenue
fund. Each application for an annual license under division (A)(1) or
(2) of this section shall be accompanied by a nonrefundable
application fee of one hundred dollars. If the application for an
annual license is submitted to a board of health on the approved list
under section 3734.08 of the Revised Code, the application fee shall
be credited to the special fund of the health district created in
division (B) of section 3734.06 of the Revised Code. If the
application for an annual license is submitted to the director, the
application fee shall be credited to the general revenue fund. If a
permit or license is issued, the amount of the application fee paid
shall be deducted from the amount of the permit fee due under
division
(Q)
(P)

of section 3745.11 of the Revised Code or the amount of the license
fee due under division (A)(1), (2), (3), (4), or (5) of section
3734.06 of the Revised Code.

(d)
As used in divisions (A)(2)(d), (e), and (f) of this section,
"modify" means any of the following:

(i)
Any increase of more than ten per cent in the total capacity of a
solid waste facility;

(ii)
Any expansion of the limits of solid waste placement at a solid waste
facility;

(iii)
Any increase in the depth of excavation at a solid waste facility;

(iv)
Any change in the technique of waste receipt or type of waste
received at a solid waste facility that may endanger human health, as
determined by the director by rules adopted in accordance with
Chapter 119. of the Revised Code.

Not
later than forty-five days after submitting an application under
division (A)(2)(a) or (b) of this section for a permit to open a new
or modify an existing solid waste facility, the applicant, in
conjunction with an officer or employee of the environmental
protection agency, shall hold a public meeting on the application
within the county in which the new or modified solid waste facility
is or is proposed to be located or within a contiguous county.
Not

Not

less
than thirty days before holding the public meeting on the
application, the applicant shall publish notice of the meeting in
each newspaper of general circulation that is published in the county
in which the facility is or is proposed to be located. If no
newspaper of general circulation is published in the county, the
applicant shall publish the notice in a newspaper of general
circulation in the county. The notice shall contain the date, time,
and location of the public meeting and a general description of the
proposed new or modified facility.
Not

Not

later
than five days after publishing the notice, the applicant shall send
by certified mail a copy of the notice and the date the notice was
published to the director and the legislative authority of each
municipal corporation, township, and county, and to the chief
executive officer of each municipal corporation, in which the
facility is or is proposed to be located.
At

At

the
public meeting, the applicant shall provide information and describe
the application and respond to comments or questions concerning the
application, and the officer or employee of the agency shall describe
the permit application process. At the public meeting, any person may
submit written or oral comments on or objections to the application.

Not

Not

more
than thirty days after the public meeting, the applicant shall
provide the director with a copy of a transcript of the full meeting,
copies of any exhibits, displays, or other materials presented by the
applicant at the meeting, and the original copy of any written
comments submitted at the meeting.

(e)
Except as provided in division (A)(2)(f) of this section, prior to
taking an action, other than a proposed or final denial, upon an
application submitted under division (A)(2)(a) of this section for a
permit to open a new or modify an existing solid waste facility, the
director shall hold a public information session and a public hearing
on the application within the county in which the new or modified
solid waste facility is or is proposed to be located or within a
contiguous county. If the application is for a permit to open a new
solid waste facility, the director shall hold the hearing not less
than fourteen days after the information session. If the application
is for a permit to modify an existing solid waste facility, the
director may hold both the information session and the hearing on the
same day unless any individual affected by the application requests
in writing that the information session and the hearing not be held
on the same day, in which case the director shall hold the hearing
not less than fourteen days after the information session. The
director shall publish notice of the public information session or
public hearing not less than thirty days before holding the
information session or hearing, as applicable. The notice shall be
published in each newspaper of general circulation that is published
in the county in which the facility is or is proposed to be located
.
If no newspaper of general circulation is published in the county,
the director shall publish the notice in a newspaper of general
circulation in the county

or
by publication on the environmental protection agency's official web
site
.
The notice shall contain the date, time, and location of the
information session or hearing, as applicable, and a general
description of the proposed new or modified facility. At the public
information session, an officer or employee of the environmental
protection agency shall describe the status of the permit application
and be available to respond to comments or questions concerning the
application. At the public hearing, any person may submit written or
oral comments on or objections to the approval of the application.
The applicant, or a representative of the applicant who has knowledge
of the location, construction, and operation of the facility, shall
attend the information session and public hearing to respond to
comments or questions concerning the facility directed to the
applicant or representative by the officer or employee of the
environmental protection agency presiding at the information session
and hearing.

(f)
The solid waste management policy committee of a county or joint
solid waste management district may adopt a resolution requesting
expeditious consideration of a specific application submitted under
division (A)(2)(a) of this section for a permit to modify an existing
solid waste facility within the district. The resolution shall make
the finding that expedited consideration of the application without
the public information session and public hearing under division
(A)(2)(e) of this section is in the public interest and will not
endanger human health, as determined by the director by rules adopted
in accordance with Chapter 119. of the Revised Code. Upon receiving
such a resolution, the director, at the director's discretion, may
issue a final action upon the application without holding a public
information session or public hearing pursuant to division (A)(2)(e)
of this section.

(3)
The director may issue an order in accordance with Chapter 3745. of
the Revised Code to the owner or operator of a solid waste facility
requiring the person to submit to the director updated engineering
detail plans, specifications, and information regarding the facility
and its method of operation for approval under rules adopted under
division (A) of section 3734.02 of the Revised Code and applicable
rules adopted under division (D) of section 3734.12 of the Revised
Code if, in the director's judgment, conditions at the facility
constitute a substantial threat to public health or safety or are
causing or contributing to or threatening to cause or contribute to
air or water pollution or soil contamination. Any person who receives
such an order shall submit the updated engineering detail plans,
specifications, and information to the director within one hundred
eighty days after the effective date of the order.

(4)
The director shall act upon any updated engineering plans,
specifications, and information submitted under division (A)(3) of
this section within one hundred eighty days after receiving them. If
the director issues an order disapproving the plans, specifications,
and information submitted under division (A)(3) of this section, the
order shall include all of the following requirements:

(a)
That the owner or operator submit a plan for closure and post-closure
care of the facility to the director for approval within six months
after issuance of the order;

(b)
That the owner or operator cease accepting solid wastes for disposal
or transfer at the facility; and

(c)
The owner or operator commence closure of the facility not later than
one year after issuance of the order.

If
the director determines that closure of the facility within that
one-year period would result in the unavailability of sufficient
solid waste management facility capacity within the county or joint
solid waste management district in which the facility is located to
dispose of or transfer the solid waste generated within the district,
the director in the order of disapproval may postpone commencement of
closure of the facility for such period of time as the director finds
necessary for the board of county commissioners or directors of the
district to secure access to or for there to be constructed within
the district sufficient solid waste management facility capacity to
meet the needs of the district, provided that the director shall
certify in the director's order that postponing the date for
commencement of closure will not endanger ground water or any
property surrounding the facility, allow methane gas migration to
occur, or cause or contribute to any other type of environmental
damage.

If
an emergency need for disposal capacity that may affect public health
and safety exists as a result of closure of a facility under division
(A)(4) of this section, the director may issue an order designating
another solid waste facility to accept the wastes that would have
been disposed of at the facility to be closed.

(5)
If the director determines that standards more stringent than those
applicable in rules adopted under division (A) of section 3734.02 of
the Revised Code and division (D) of section 3734.12 of the Revised
Code, or standards pertaining to subjects not specifically addressed
by those rules, are necessary to ensure that a solid waste facility
constructed at the proposed location will not cause a nuisance, cause
or contribute to water pollution, or endanger public health or
safety, the director may issue a permit for the facility with such
terms and conditions as the director finds necessary to protect
public health and safety and the environment. If a permit is issued,
the director shall state in the order issuing it the specific
findings supporting each such term or condition.

(6)
Divisions (A)(1) and (2)(a) of this section do not apply to a solid
waste compost facility that accepts exclusively source separated yard
wastes and that is registered under division (C) of section 3734.02
of the Revised Code or, unless otherwise provided in rules adopted
under division (N)(3) of section 3734.02 of the Revised Code, to a
solid waste compost facility if the director has adopted rules
establishing an alternative system for authorizing the establishment,
operation, or modification of a solid waste compost facility under
that division.

(7)
Divisions (A)(1) to (5) of this section do not apply to scrap tire
collection, storage, monocell, monofill, and recovery facilities. The
approval of plans and specifications, as applicable, and the issuance
of registration certificates, permits, and licenses for those
facilities are subject to sections 3734.75 to 3734.78 of the Revised
Code, as applicable, and section 3734.81 of the Revised Code.

(B)(1)
No person shall operate or maintain an infectious waste treatment
facility without a license issued by the board of health of the
health district in which the facility is located or by the director
when the health district in which the facility is located is not on
the approved list under section 3734.08 of the Revised Code.

(2)(a)
During the month of December, but before the first day of January of
the next year, every person proposing to continue to operate an
existing infectious waste treatment facility shall procure a license
to operate the facility for that year from the board of health of the
health district in which the facility is located or, if the health
district is not on the approved list under section 3734.08 of the
Revised Code, from the director. The application for such a license
shall be submitted to the board of health or to the director, as
appropriate, on or before the last day of September of the year
preceding that for which the license is sought. In addition to the
application fee prescribed in division (B)(2)(c) of this section, a
person who submits an application after that date shall pay an
additional ten per cent of the amount of the application fee for each
week that the application is late. Late payment fees accompanying an
application submitted to the board of health shall be credited to the
special infectious waste fund of the health district created in
division (C) of section 3734.06 of the Revised Code, and late payment
fees accompanying an application submitted to the director shall be
credited to the general revenue fund. A person who has received a
license, upon sale or disposition of an infectious waste treatment
facility and upon consent of the board of health and the director,
may have the license transferred to another person. The board of
health or the director may include such terms and conditions in a
license or revision to a license as are appropriate to ensure
compliance with the infectious waste provisions of this chapter and
rules adopted under them.

(b)
Each person proposing to open a new infectious waste treatment
facility or to modify an existing infectious waste treatment facility
shall submit an application for a permit with accompanying detail
plans and specifications to the environmental protection agency for
required approval under the rules adopted by the director pursuant to
section 3734.021 of the Revised Code two hundred seventy days before
proposed operation of the facility and concurrently shall make
application for a license with the board of health of the health
district in which the facility is or is proposed to be located. Not
later than ninety days after receiving a complete application under
division (B)(2)(b) of this section for a permit to open a new
infectious waste treatment facility or modify an existing infectious
waste treatment facility to expand its treatment capacity, or
receiving a complete application under division (A)(2)(a) of this
section for a permit to open a new solid waste incineration facility,
or modify an existing solid waste incineration facility to also treat
infectious wastes or to increase its infectious waste treatment
capacity, that pertains to a facility for which a notation
authorizing infectious waste treatment is included or proposed to be
included in the solid waste incineration facility's license pursuant
to division (B)(3) of this section, the director shall hold a public
hearing on the application within the county in which the new or
modified infectious waste or solid waste facility is or is proposed
to be located or within a contiguous county. Not less than thirty
days before holding the public hearing on the application, the
director shall publish notice of the hearing in each newspaper that
has general circulation and that is published in the county in which
the facility is or is proposed to be located
.
If there is no newspaper that has general circulation and that is
published in the county, the director shall publish the notice in a
newspaper of general circulation in the county

or
by publication on the environmental protection agency's official web
site
.
The notice shall contain the date, time, and location of the public
hearing and a general description of the proposed new or modified
facility. At the public hearing, any person may submit written or
oral comments on or objections to the approval or disapproval of the
application. The applicant, or a representative of the applicant who
has knowledge of the location, construction, and operation of the
facility, shall attend the public hearing to respond to comments or
questions concerning the facility directed to the applicant or
representative by the officer or employee of the environmental
protection agency presiding at the hearing.

(c)
Each application for a permit under division (B)(2)(b) of this
section shall be accompanied by a nonrefundable application fee of
four hundred dollars that shall be credited to the general revenue
fund. Each application for an annual license under division (B)(2)(a)
of this section shall be accompanied by a nonrefundable application
fee of one hundred dollars. If the application for an annual license
is submitted to a board of health on the approved list under section
3734.08 of the Revised Code, the application fee shall be credited to
the special infectious waste fund of the health district created in
division (C) of section 3734.06 of the Revised Code. If the
application for an annual license is submitted to the director, the
application fee shall be credited to the general revenue fund. If a
permit or license is issued, the amount of the application fee paid
shall be deducted from the amount of the permit fee due under
division
(Q)
(P)

of section 3745.11 of the Revised Code or the amount of the license
fee due under division (C) of section 3734.06 of the Revised Code.

(d)
The director may issue an order in accordance with Chapter 3745. of
the Revised Code to the owner or operator of an infectious waste
treatment facility requiring the person to submit to the director
updated engineering detail plans, specifications, and information
regarding the facility and its method of operation for approval under
rules adopted under section 3734.021 of the Revised Code if, in the
director's judgment, conditions at the facility constitute a
substantial threat to public health or safety or are causing or
contributing to or threatening to cause or contribute to air or water
pollution or soil contamination. Any person who receives such an
order shall submit the updated engineering detail plans,
specifications, and information to the director within one hundred
eighty days after the effective date of the order.

(e)
The director shall act on any updated engineering plans,
specifications, and information submitted under division (B)(2)(d) of
this section within one hundred eighty days after receiving them. If
the director disapproves any such updated engineering plans,
specifications, and information, the director shall include in the
order disapproving the plans the requirement that the owner or
operator cease accepting infectious wastes for treatment at the
facility.

(3)
Division (B) of this section does not apply to a generator of
infectious wastes that meets any of the following conditions:

(a)
Treats, by methods, techniques, and practices established by rules
adopted under division (B)(2)(a) of section 3734.021 of the Revised
Code, any of the following wastes:

(i)
Infectious wastes that are generated on any premises that are owned
or operated by the generator;

(ii)
Infectious wastes that are generated by a generator who has staff
privileges at a hospital as defined in section 3727.01 of the Revised
Code;

(iii)
Infectious wastes that are generated in providing care to a patient
by an emergency medical services organization as defined in section
4765.01 of the Revised Code.

(b)
Holds a license or renewal of a license to operate a crematory
facility issued under Chapter 4717. and a permit issued under Chapter
3704. of the Revised Code;

(c)
Treats or disposes of dead animals or parts thereof, or the blood of
animals, and is subject to any of the following:

(i)
Inspection under the "Federal Meat Inspection Act," 81
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;

(ii)
Chapter 918. of the Revised Code;

(iii)
Chapter 953. of the Revised Code.

Nothing
in division (B) of this section requires a facility that holds a
license issued under division (A) of this section as a solid waste
facility and that also treats infectious wastes by the same method,
technique, or process to obtain a license under division (B) of this
section as an infectious waste treatment facility. However, the solid
waste facility license for the facility shall include the notation
that the facility also treats infectious wastes.

The
director shall not issue a permit to open a new solid waste
incineration facility unless the proposed facility complies with the
requirements for the location of new infectious waste incineration
facilities established in rules adopted under division (B)(2)(b) of
section 3734.021 of the Revised Code.

(C)
Except for a facility or activity described in division (E)(3) of
section 3734.02 of the Revised Code, a person who proposes to
establish or operate a hazardous waste facility shall submit a
complete application for a hazardous waste facility installation and
operation permit and accompanying detail plans, specifications, and
such information as the director may require to the environmental
protection agency at least one hundred eighty days before the
proposed beginning of operation of the facility. The applicant shall
notify by certified mail the legislative authority of each municipal
corporation, township, and county in which the facility is proposed
to be located of the submission of the application within ten days
after the submission or at such earlier time as the director may
establish by rule. If the application is for a proposed new hazardous
waste disposal or thermal treatment facility, the applicant also
shall give actual notice of the general design and purpose of the
facility to the legislative authority of each municipal corporation,
township, and county in which the facility is proposed to be located
at least ninety days before the permit application is submitted to
the environmental protection agency.

In
accordance with rules adopted under section 3734.12 of the Revised
Code, prior to the submission of a complete application for a
hazardous waste facility installation and operation permit, the
applicant shall hold at least one meeting in the township or
municipal corporation in which the facility is proposed to be
located, whichever is geographically closer to the proposed location
of the facility. The meeting shall be open to the public and shall be
held to inform the community of the proposed hazardous waste
management activities and to solicit questions from the community
concerning the activities.

(D)(1)
Except as provided in section 3734.123 of the Revised Code, upon
receipt of a complete application for a hazardous waste facility
installation and operation permit under division (C) of this section,
the director shall consider the application and accompanying
information to determine whether the application complies with agency
rules and the requirements of division (D)(2) of this section. After
making a determination, the director shall issue either a draft
permit or a notice of intent to deny the permit. The director, in
accordance with rules adopted under section 3734.12 of the Revised
Code or with rules adopted to implement Chapter 3745. of the Revised
Code, shall provide public notice of the application and the draft
permit or the notice of intent to deny the permit, provide an
opportunity for public comments, and, if significant interest is
shown, schedule a public meeting in the county in which the facility
is proposed to be located and give public notice of the date, time,
and location of the public meeting in a newspaper of general
circulation in that county.

(2)
The director shall not approve an application for a hazardous waste
facility installation and operation permit or an application for a
modification under division (I)(3) of this section unless the
director finds and determines as follows:

(a)
The nature and volume of the waste to be treated, stored, or disposed
of at the facility;

(b)
That the facility complies with the director's hazardous waste
standards adopted pursuant to section 3734.12 of the Revised Code;

(c)
That the facility represents the minimum adverse environmental
impact, considering the state of available technology and the nature
and economics of various alternatives, and other pertinent
considerations;

(d)
That the facility represents the minimum risk of all of the
following:

(i)
Fires or explosions from treatment, storage, or disposal methods;

(ii)
Release of hazardous waste during transportation of hazardous waste
to or from the facility;

(iii)
Adverse impact on the public health and safety.

(e)
That the facility will comply with this chapter and Chapters 3704.
and 6111. of the Revised Code and all rules and standards adopted
under them;

(f)
That if the owner of the facility, the operator of the facility, or
any other person in a position with the facility from which the
person may influence the installation and operation of the facility
has been involved in any prior activity involving transportation,
treatment, storage, or disposal of hazardous waste, that person has a
history of compliance with this chapter and Chapters 3704. and 6111.
of the Revised Code and all rules and standards adopted under them,
the "Resource Conservation and Recovery Act of 1976," 90
Stat. 2806, 42 U.S.C.A. 6921, as amended, and all regulations adopted
under it, and similar laws and rules of other states if any such
prior operation was located in another state that demonstrates
sufficient reliability, expertise, and competency to operate a
hazardous waste facility under the applicable provisions of this
chapter and Chapters 3704. and 6111. of the Revised Code, the
applicable rules and standards adopted under them, and terms and
conditions of a hazardous waste facility installation and operation
permit, given the potential for harm to the public health and safety
and the environment that could result from the irresponsible
operation of the facility. For off-site facilities, as defined in
section 3734.41 of the Revised Code, the director may use the
investigative reports of the attorney general prepared pursuant to
section 3734.42 of the Revised Code as a basis for making a finding
and determination under division (D)(2)(f) of this section.

(g)
That the active areas within a new hazardous waste facility where
acute hazardous waste as listed in 40 C.F.R. 261.33 (e), as amended,
or organic waste that is toxic and is listed under 40 C.F.R. 261, as
amended, is being stored, treated, or disposed of and where the
aggregate of the storage design capacity and the disposal design
capacity of all hazardous waste in those areas is greater than two
hundred fifty thousand gallons, are not located or operated within
any of the following:

(i)
Two thousand feet of any residence, school, hospital, jail, or
prison;

(ii)
Any naturally occurring wetland;

(iii)
Any flood hazard area if the applicant cannot show that the facility
will be designed, constructed, operated, and maintained to prevent
washout by a one-hundred-year flood.

Division
(D)(2)(g) of this section does not apply to the facility of any
applicant who demonstrates to the director that the limitations
specified in that division are not necessary because of the nature or
volume of the waste and the manner of management applied, the
facility will impose no substantial danger to the health and safety
of persons occupying the structures listed in division (D)(2)(g)(i)
of this section, and the facility is to be located or operated in an
area where the proposed hazardous waste activities will not be
incompatible with existing land uses in the area.

(h)
That the facility will not be located within the boundaries of a
state park established or dedicated under Chapter 1546. of the
Revised Code, a state park purchase area established under section
1546.06 of the Revised Code, any unit of the national park system, or
any property that lies within the boundaries of a national park or
recreation area, but that has not been acquired or is not
administered by the secretary of the United States department of the
interior, located in this state, or any candidate area located in
this state identified for potential inclusion in the national park
system in the edition of the "national park system plan"
submitted under paragraph (b) of section 8 of "The Act of August
18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended, current
at the time of filing of the application for the permit, unless the
facility will be used exclusively for the storage of hazardous waste
generated within the park or recreation area in conjunction with the
operation of the park or recreation area. Division (D)(2)(h) of this
section does not apply to the facility of any applicant for
modification of a permit unless the modification application proposes
to increase the land area included in the facility or to increase the
quantity of hazardous waste that will be treated, stored, or disposed
of at the facility.

(3)
Not later than one hundred eighty days after the end of the public
comment period, the director, without prior hearing, shall issue or
deny the permit in accordance with Chapter 3745. of the Revised Code.
If the director approves an application for a hazardous waste
facility installation and operation permit, the director shall issue
the permit, upon such terms and conditions as the director finds are
necessary to ensure the construction and operation of the hazardous
waste facility in accordance with the standards of this section.

(E)
No political subdivision of this state shall require any additional
zoning or other approval, consent, permit, certificate, or condition
for the construction or operation of a hazardous waste facility
authorized by a hazardous waste facility installation and operation
permit issued pursuant to this chapter, nor shall any political
subdivision adopt or enforce any law, ordinance, or rule that in any
way alters, impairs, or limits the authority granted in the permit.

(F)
The director may issue a single hazardous waste facility installation
and operation permit to a person who operates two or more adjoining
facilities where hazardous waste is stored, treated, or disposed of
if the application includes detail plans, specifications, and
information on all facilities. For the purposes of this section,
"adjoining" means sharing a common boundary, separated only
by a public road, or in such proximity that the director determines
that the issuance of a single permit will not create a hazard to the
public health or safety or the environment.

(G)
No person shall falsify or fail to keep or submit any plans,
specifications, data, reports, records, manifests, or other
information required to be kept or submitted to the director by this
chapter or the rules adopted under it.

(H)(1)
Each person who holds an installation and operation permit issued
under this section and who wishes to obtain a permit renewal shall
submit a completed application for an installation and operation
permit renewal and any necessary accompanying general plans, detail
plans, specifications, and such information as the director may
require to the director no later than one hundred eighty days prior
to the expiration date of the existing permit or upon a later date
prior to the expiration of the existing permit if the permittee can
demonstrate good cause for the late submittal. The director shall
consider the application and accompanying information, inspection
reports of the facility, results of performance tests, a report
regarding the facility's compliance or noncompliance with the terms
and conditions of its permit and rules adopted by the director under
this chapter, and such other information as is relevant to the
operation of the facility and shall issue a draft renewal permit or a
notice of intent to deny the renewal permit. The director, in
accordance with rules adopted under this section or with rules
adopted to implement Chapter 3745. of the Revised Code, shall give
public notice of the application and draft renewal permit or notice
of intent to deny the renewal permit, provide for the opportunity for
public comments within a specified time period, schedule a public
meeting in the county in which the facility is located if significant
interest is shown, and give public notice of the public meeting.

(2)
Within sixty days after the public meeting or close of the public
comment period, the director, without prior hearing, shall issue or
deny the renewal permit in accordance with Chapter 3745. of the
Revised Code. The director shall not issue a renewal permit unless
the director determines that the facility under the existing permit
has a history of compliance with this chapter, rules adopted under
it, the existing permit, or orders entered to enforce such
requirements that demonstrates sufficient reliability, expertise, and
competency to operate the facility henceforth under this chapter,
rules adopted under it, and the renewal permit. If the director
approves an application for a renewal permit, the director shall
issue the permit subject to the payment of the annual permit fee
required under division (E) of section 3734.02 of the Revised Code
and upon such terms and conditions as the director finds are
reasonable to ensure that continued operation, maintenance, closure,
and post-closure care of the hazardous waste facility are in
accordance with the rules adopted under section 3734.12 of the
Revised Code.

(3)
An installation and operation permit renewal application submitted to
the director that also contains or would constitute an application
for a modification shall be acted upon by the director in accordance
with division (I) of this section in the same manner as an
application for a modification. In approving or disapproving the
renewal portion of a permit renewal application containing an
application for a modification, the director shall apply the criteria
established under division (H)(2) of this section.

(4)
An application for renewal or modification of a permit that does not
contain an application for a modification as described in divisions
(I)(3)(a) to (d) of this section shall not be subject to division
(D)(2) of this section.

(I)(1)
As used in this section, "modification" means a change or
alteration to a hazardous waste facility or its operations that is
inconsistent with or not authorized by its existing permit or
authorization to operate. Modifications shall be classified as Class
1, 2, or 3 modifications in accordance with rules adopted under
division (K) of this section. Modifications classified as Class 3
modifications, in accordance with rules adopted under that division,
shall be further classified by the director as either Class 3
modifications that are to be approved or disapproved by the director
under divisions (I)(3)(a) to (d) of this section or as Class 3
modifications that are to be approved or disapproved by the director
under division (I)(5) of this section. Not later than thirty days
after receiving a request for a modification under division (I)(4) of
this section that is not listed in Appendix I to 40 C.F.R. 270.42 or
in rules adopted under division (K) of this section, the director
shall classify the modification and shall notify the owner or
operator of the facility requesting the modification of the
classification. Notwithstanding any other law to the contrary, a
modification that involves the transfer of a hazardous waste facility
installation and operation permit to a new owner or operator for any
off-site facility as defined in section 3734.41 of the Revised Code
shall be classified as a Class 3 modification. The transfer of a
hazardous waste facility installation and operation permit to a new
owner or operator for a facility that is not an off-site facility
shall be classified as a Class 1 modification requiring prior
approval of the director.

(2)
Except as provided in section 3734.123 of the Revised Code, a
hazardous waste facility installation and operation permit may be
modified at the request of the director or upon the written request
of the permittee only if any of the following applies:

(a)
The permittee desires to accomplish alterations, additions, or
deletions to the permitted facility or to undertake alterations,
additions, deletions, or activities that are inconsistent with or not
authorized by the existing permit;

(b)
New information or data justify permit conditions in addition to or
different from those in the existing permit;

(c)
The standards, criteria, or rules upon which the existing permit is
based have been changed by new, amended, or rescinded standards,
criteria, or rules, or by judicial decision after the existing permit
was issued, and the change justifies permit conditions in addition to
or different from those in the existing permit;

(d)
The permittee proposes to transfer the permit to another person.

(3)
The director shall approve or disapprove an application for a
modification in accordance with division (D)(2) of this section and
rules adopted under division (K) of this section for all of the
following categories of Class 3 modifications:

(a)
Authority to conduct treatment, storage, or disposal at a site,
location, or tract of land that has not been authorized for the
proposed category of treatment, storage, or disposal activity by the
facility's permit;

(b)
Modification or addition of a hazardous waste management unit, as
defined in rules adopted under section 3734.12 of the Revised Code,
that results in an increase in a facility's storage capacity of more
than twenty-five per cent over the capacity authorized by the
facility's permit, an increase in a facility's treatment rate of more
than twenty-five per cent over the rate so authorized, or an increase
in a facility's disposal capacity over the capacity so authorized.
The authorized disposal capacity for a facility shall be calculated
from the approved design plans for the disposal units at that
facility. In no case during a five-year period shall a facility's
storage capacity or treatment rate be modified to increase by more
than twenty-five per cent in the aggregate without the director's
approval in accordance with division (D)(2) of this section.
Notwithstanding any provision of division (I) of this section to the
contrary, a request for modification of a facility's annual total
waste receipt limit shall be classified and approved or disapproved
by the director under division (I)(5) of this section.

(c)
Authority to add any of the following categories of regulated
activities not previously authorized at a facility by the facility's
permit: storage at a facility not previously authorized to store
hazardous waste, treatment at a facility not previously authorized to
treat hazardous waste, or disposal at a facility not previously
authorized to dispose of hazardous waste; or authority to add a
category of hazardous waste management unit not previously authorized
at the facility by the facility's permit. Notwithstanding any
provision of division (I) of this section to the contrary, a request
for authority to add or to modify an activity or a hazardous waste
management unit for the purposes of performing a corrective action
shall be classified and approved or disapproved by the director under
division (I)(5) of this section.

(d)
Authority to treat, store, or dispose of waste types listed or
characterized as reactive or explosive, in rules adopted under
section 3734.12 of the Revised Code, or any acute hazardous waste
listed in 40 C.F.R. 261.33(e), as amended, at a facility not
previously authorized to treat, store, or dispose of those types of
wastes by the facility's permit unless the requested authority is
limited to wastes that no longer exhibit characteristics meeting the
criteria for listing or characterization as reactive or explosive
wastes, or for listing as acute hazardous waste, but still are
required to carry those waste codes as established in rules adopted
under section 3734.12 of the Revised Code because of the requirements
established in 40 C.F.R. 261(a) and (e), as amended, that is, the
"mixture," "derived-from," or "contained-in"
regulations.

(4)
A written request for a modification from the permittee shall be
submitted to the director and shall contain such information as is
necessary to support the request. Requests for modifications shall be
acted upon by the director in accordance with this section and rules
adopted under it.

(5)
Class 1 modification applications that require prior approval of the
director, as provided in division (I)(1) of this section or as
determined in accordance with rules adopted under division (K) of
this section, Class 2 modification applications, and Class 3
modification applications that are not described in divisions
(I)(3)(a) to (d) of this section shall be approved or disapproved by
the director in accordance with rules adopted under division (K) of
this section. The board of county commissioners of the county, the
board of township trustees of the township, and the city manager or
mayor of the municipal corporation in which a hazardous waste
facility is located shall receive notification of any application for
a modification for that facility and shall be considered as
interested persons with respect to the director's consideration of
the application.

As
used in division (I) of this section:

(a)
"Owner" means the person who owns a majority or controlling
interest in a facility.

(b)
"Operator" means the person who is responsible for the
overall operation of a facility.

The
director shall approve or disapprove an application for a Class 1
modification that requires the director's approval within sixty days
after receiving the request for modification. The director shall
approve or disapprove an application for a Class 2 modification
within three hundred days after receiving the request for
modification. The director shall approve or disapprove an application
for a Class 3 modification within three hundred sixty-five days after
receiving the request for modification.

(6)
The approval or disapproval by the director of a Class 1 modification
application is not a final action that is appealable under Chapter
3745. of the Revised Code. The approval or disapproval by the
director of a Class 2 modification or a Class 3 modification is a
final action that is appealable under that chapter. In approving or
disapproving a request for a modification, the director shall
consider all comments pertaining to the request that are received
during the public comment period and the public meetings. The
administrative record for appeal of a final action by the director in
approving or disapproving a request for a modification shall include
all comments received during the public comment period relating to
the request for modification, written materials submitted at the
public meetings relating to the request, and any other documents
related to the director's action.

(7)
Notwithstanding any other provision of law to the contrary, a change
or alteration to a hazardous waste facility described in division
(E)(3)(a) or (b) of section 3734.02 of the Revised Code, or its
operations, is a modification for the purposes of this section. An
application for a modification at such a facility shall be submitted,
classified, and approved or disapproved in accordance with divisions
(I)(1) to (6) of this section in the same manner as a modification to
a hazardous waste facility installation and operation permit.

(J)(1)
Except as provided in division (J)(2) of this section, an owner or
operator of a hazardous waste facility that is operating in
accordance with a permit by rule under rules adopted by the director
under division (E)(3)(b) of section 3734.02 of the Revised Code shall
submit either a hazardous waste facility installation and operation
permit application for the facility or a modification application,
whichever is required under division (J)(1)(a) or (b) of this
section, within one hundred eighty days after the director has
requested the application or upon a later date if the owner or
operator demonstrates to the director good cause for the late
submittal.

(a)
If the owner or operator does not have a hazardous waste facility
installation and operation permit for any hazardous waste treatment,
storage, or disposal activities at the facility, the owner or
operator shall submit an application for such a permit to the
director for the activities authorized by the permit by rule.
Notwithstanding any other provision of law to the contrary, the
director shall approve or disapprove the application for the permit
in accordance with the procedures governing the approval or
disapproval of permit renewals under division (H) of this section.

(b)
If the owner or operator has a hazardous waste facility installation
and operation permit for hazardous waste treatment, storage, or
disposal activities at the facility other than those authorized by
the permit by rule, the owner or operator shall submit to the
director a request for modification in accordance with division (I)
of this section. Notwithstanding any other provision of law to the
contrary, the director shall approve or disapprove the modification
application in accordance with division (I)(5) of this section.

(2)
The owner or operator of a boiler or industrial furnace that is
conducting thermal treatment activities in accordance with a permit
by rule under rules adopted by the director under division (E)(3)(b)
of section 3734.02 of the Revised Code shall submit a hazardous waste
facility installation and operation permit application if the owner
or operator does not have such a permit for any hazardous waste
treatment, storage, or disposal activities at the facility or, if the
owner or operator has such a permit for hazardous waste treatment,
storage, or disposal activities at the facility other than thermal
treatment activities authorized by the permit by rule, a modification
application to add those activities authorized by the permit by rule,
whichever is applicable, within one hundred eighty days after the
director has requested the submission of the application or upon a
later date if the owner or operator demonstrates to the director good
cause for the late submittal. The application shall be accompanied by
information necessary to support the request. The director shall
approve or disapprove an application for a hazardous waste facility
installation and operation permit in accordance with division (D) of
this section and approve or disapprove an application for a
modification in accordance with division (I)(3) of this section,
except that the director shall not disapprove an application for the
thermal treatment activities on the basis of the criteria set forth
in division (D)(2)(g) or (h) of this section.

(3)
As used in division (J) of this section:

(a)
"Modification application" means a request for a
modification submitted in accordance with division (I) of this
section.

(b)
"Thermal treatment," "boiler," and "industrial
furnace" have the same meanings as in rules adopted under
section 3734.12 of the Revised Code.

(K)
The director shall adopt, and may amend, suspend, or rescind, rules
in accordance with Chapter 119. of the Revised Code in order to
implement divisions (H) and (I) of this section. Except when in
actual conflict with this section, rules governing the classification
of and procedures for the modification of hazardous waste facility
installation and operation permits shall be substantively and
procedurally identical to the regulations governing hazardous waste
facility permitting and permit modifications adopted under the
"Resource Conservation and Recovery Act of 1976," 90 Stat.
2806, 42 U.S.C.A. 6921, as amended.

Sec.
3734.57.
(A)
The following fees are hereby levied on the transfer or disposal of
solid wastes in this state:

(1)
Seventy-one cents per ton through June 30,
2026
2028
,
eleven cents of the proceeds of which shall be deposited in the state
treasury to the credit of the hazardous waste facility management
fund created in section 3734.18 of the Revised Code and sixty cents
of the proceeds of which shall be deposited in the state treasury to
the credit of the hazardous waste clean-up fund created in section
3734.28 of the Revised Code;

(2)
An additional ninety cents per ton through June 30,
2026
2028
,
the proceeds of which shall be deposited in the state treasury to the
credit of the waste management fund created in section 3734.061 of
the Revised Code;

(3)
An additional two dollars and eighty-one cents per ton through June
30,

2026
2028
,
the proceeds of which shall be deposited in the state treasury to the
credit of the environmental protection fund created in section
3745.015 of the Revised Code;

(4)
An additional twenty-five cents per ton through June 30,
2026
2028
,
the proceeds of which shall be deposited in the state treasury to the
credit of the soil and water conservation district assistance fund
created in section 940.15 of the Revised Code;

(5)
An additional eight cents per ton through June 30,
2026
2028
,
the proceeds of which shall be deposited in the state treasury to the
credit of the national priority list remedial support fund created in
section 3734.579 of the Revised Code.

In
the case of solid wastes that are taken to a solid waste transfer
facility located in this state prior to being transported for
disposal at a solid waste disposal facility located in this state or
outside of this state, the fees levied under this division shall be
collected by the owner or operator of the transfer facility as a
trustee for the state. The amount of fees required to be collected
under this division at such a transfer facility shall equal the total
tonnage of solid wastes received at the facility multiplied by the
fees levied under this division. In the case of solid wastes that are
not taken to a solid waste transfer facility located in this state
prior to being transported to a solid waste disposal facility, the
fees shall be collected by the owner or operator of the solid waste
disposal facility as a trustee for the state. The amount of fees
required to be collected under this division at such a disposal
facility shall equal the total tonnage of solid wastes received at
the facility that was not previously taken to a solid waste transfer
facility located in this state multiplied by the fees levied under
this division. Fees levied under this division do not apply to
materials separated from a mixed waste stream for recycling by a
generator or materials removed from the solid waste stream through
recycling, as "recycling" is defined in rules adopted under
section 3734.02 of the Revised Code.

The
owner or operator of a solid waste transfer facility or disposal
facility, as applicable, shall prepare and file with the director of
environmental protection each month a return indicating the total
tonnage of solid wastes received at the facility during that month
and the total amount of the fees required to be collected under this
division during that month. In addition, the owner or operator of a
solid waste disposal facility shall indicate on the return the total
tonnage of solid wastes received from transfer facilities located in
this state during that month for which the fees were required to be
collected by the transfer facilities. The monthly returns shall be
filed on a form prescribed by the director. Not later than thirty
days after the last day of the month to which a return applies, the
owner or operator shall mail to the director the return for that
month together with the fees required to be collected under this
division during that month as indicated on the return or may submit
the return and fees electronically in a manner approved by the
director. If the return is filed and the amount of the fees due is
paid in a timely manner as required in this division, the owner or
operator may retain a discount of three-fourths of one per cent of
the total amount of the fees that are required to be paid as
indicated on the return.

The
owner or operator may request an extension of not more than thirty
days for filing the return and remitting the fees, provided that the
owner or operator has submitted such a request in writing to the
director together with a detailed description of why the extension is
requested, the director has received the request not later than the
day on which the return is required to be filed, and the director has
approved the request. If the fees are not remitted within thirty days
after the last day of the month to which the return applies or are
not remitted by the last day of an extension approved by the
director, the owner or operator shall not retain the three-fourths of
one per cent discount and shall pay an additional ten per cent of the
amount of the fees for each month that they are late. For purposes of
calculating the late fee, the first month in which fees are late
begins on the first day after the deadline has passed for timely
submitting the return and fees, and one additional month shall be
counted every thirty days thereafter.

The
owner or operator of a solid waste facility may request a refund or
credit of fees levied under this division and remitted to the
director that have not been paid to the owner or operator. Such a
request shall be made only if the fees have not been collected by the
owner or operator, have become a debt that has become worthless or
uncollectable for a period of six months or more, and may be claimed
as a deduction, including a deduction claimed if the owner or
operator keeps accounts on an accrual basis, under the "Internal
Revenue Code of 1954," 68A Stat. 50, 26 U.S.C. 166, as amended,
and regulations adopted under it. Prior to making a request for a
refund or credit, an owner or operator shall make reasonable efforts
to collect the applicable fees. A request for a refund or credit
shall not include any costs resulting from those efforts to collect
unpaid fees.

A
request for a refund or credit of fees shall be made in writing, on a
form prescribed by the director, and shall be supported by evidence
that may be required in rules adopted by the director under this
chapter. After reviewing the request, and if the request and evidence
submitted with the request indicate that a refund or credit is
warranted, the director shall grant a refund to the owner or operator
or shall permit a credit to be taken by the owner or operator on a
subsequent monthly return submitted by the owner or operator. The
amount of a refund or credit shall not exceed an amount that is equal
to ninety days' worth of fees owed to an owner or operator by a
particular debtor of the owner or operator. A refund or credit shall
not be granted by the director to an owner or operator more than once
in any twelve-month period for fees owed to the owner or operator by
a particular debtor.

If,
after receiving a refund or credit from the director, an owner or
operator receives payment of all or part of the fees, the owner or
operator shall remit the fees with the next monthly return submitted
to the director together with a written explanation of the reason for
the submittal.

For
purposes of computing the fees levied under this division or division
(B) of this section, any solid waste transfer or disposal facility
that does not use scales as a means of determining gate receipts
shall use a conversion factor of three cubic yards per ton of solid
waste or one cubic yard per ton for baled waste, as applicable.

The
fees levied under this division and divisions (B) and (C) of this
section are in addition to all other applicable fees and taxes and
shall be paid by the customer or a political subdivision to the owner
or operator of a solid waste transfer or disposal facility. In the
alternative, the fees shall be paid by a customer or political
subdivision to a transporter of waste who subsequently transfers the
fees to the owner or operator of such a facility. The fees shall be
paid notwithstanding the existence of any provision in a contract
that the customer or a political subdivision may have with the owner
or operator or with a transporter of waste to the facility that would
not require or allow such payment regardless of whether the contract
was entered prior to or after October 16, 2009. For those purposes,
"customer" means a person who contracts with, or utilizes
the solid waste services of, the owner or operator of a solid waste
transfer or disposal facility or a transporter of solid waste to such
a facility.

(B)
For the purposes specified in division (G) of this section, the solid
waste management policy committee of a county or joint solid waste
management district may levy fees upon the following activities:

(1)
The disposal at a solid waste disposal facility located in the
district of solid wastes generated within the district;

(2)
The disposal at a solid waste disposal facility within the district
of solid wastes generated outside the boundaries of the district, but
inside this state;

(3)
The disposal at a solid waste disposal facility within the district
of solid wastes generated outside the boundaries of this state.

The
solid waste management plan of the county or joint district approved
under section 3734.521 or 3734.55 of the Revised Code and any
amendments to it, or the resolution adopted under this division, as
appropriate, shall establish the rates of the fees levied under
divisions (B)(1), (2), and (3) of this section, if any, and shall
specify whether the fees are levied on the basis of tons or cubic
yards as the unit of measurement. A solid waste management district
that levies fees under this division on the basis of cubic yards
shall do so in accordance with division (A) of this section.

The
fee levied under division (B)(1) of this section shall be not less
than one dollar per ton nor more than two dollars per ton, the fee
levied under division (B)(2) of this section shall be not less than
two dollars per ton nor more than four dollars per ton, and the fee
levied under division (B)(3) of this section shall be not more than
the fee levied under division (B)(1) of this section.

Prior
to the approval of the solid waste management plan of a district
under section 3734.55 of the Revised Code, the solid waste management
policy committee of a district may levy fees under this division by
adopting a resolution establishing the proposed amount of the fees.
Upon adopting the resolution, the committee shall deliver a copy of
the resolution to the board of county commissioners of each county
forming the district and to the legislative authority of each
municipal corporation and township under the jurisdiction of the
district and shall prepare and publish the resolution and a notice of
the time and location where a public hearing on the fees will be
held. Upon adopting the resolution, the committee shall deliver
written notice of the adoption of the resolution; of the amount of
the proposed fees; and of the date, time, and location of the public
hearing to the director and to the fifty industrial, commercial, or
institutional generators of solid wastes within the district that
generate the largest quantities of solid wastes, as determined by the
committee, and to their local trade associations. The committee shall
make good faith efforts to identify those generators within the
district and their local trade associations, but the nonprovision of
notice under this division to a particular generator or local trade
association does not invalidate the proceedings under this division.
The publication shall occur at least thirty days before the hearing.
After the hearing, the committee may make such revisions to the
proposed fees as it considers appropriate and thereafter, by
resolution, shall adopt the revised fee schedule. Upon adopting the
revised fee schedule, the committee shall deliver a copy of the
resolution doing so to the board of county commissioners of each
county forming the district and to the legislative authority of each
municipal corporation and township under the jurisdiction of the
district. Within sixty days after the delivery of a copy of the
resolution adopting the proposed revised fees by the policy
committee, each such board and legislative authority, by ordinance or
resolution, shall approve or disapprove the revised fees and deliver
a copy of the ordinance or resolution to the committee. If any such
board or legislative authority fails to adopt and deliver to the
policy committee an ordinance or resolution approving or disapproving
the revised fees within sixty days after the policy committee
delivered its resolution adopting the proposed revised fees, it shall
be conclusively presumed that the board or legislative authority has
approved the proposed revised fees. The committee shall determine if
the resolution has been ratified in the same manner in which it
determines if a draft solid waste management plan has been ratified
under division (B) of section 3734.55 of the Revised Code.

The
committee may amend the schedule of fees levied pursuant to a
resolution adopted and ratified under this division by adopting a
resolution establishing the proposed amount of the amended fees. The
committee may repeal the fees levied pursuant to such a resolution by
adopting a resolution proposing to repeal them. Upon adopting such a
resolution, the committee shall proceed to obtain ratification of the
resolution in accordance with this division.

Not
later than fourteen days after declaring the new fees to be ratified
or the fees to be repealed under this division, the committee shall
notify by certified mail the owner or operator of each solid waste
disposal facility that is required to collect the fees of the
ratification and the amount of the fees or of the repeal of the fees.
Collection of any fees shall commence or collection of repealed fees
shall cease on the first day of the second month following the month
in which notification is sent to the owner or operator.

Fees
levied under this division also may be established, amended, or
repealed by a solid waste management policy committee through the
adoption of a new district solid waste management plan, the adoption
of an amended plan, or the amendment of the plan or amended plan in
accordance with sections 3734.55 and 3734.56 of the Revised Code or
the adoption or amendment of a district plan in connection with a
change in district composition under section 3734.521 of the Revised
Code.

Not
later than fourteen days after the director issues an order approving
a district's solid waste management plan, amended plan, or amendment
to a plan or amended plan that establishes, amends, or repeals a
schedule of fees levied by the district, the committee shall notify
by certified mail the owner or operator of each solid waste disposal
facility that is required to collect the fees of the approval of the
plan or amended plan, or the amendment to the plan, as appropriate,
and the amount of the fees, if any. In the case of an initial or
amended plan approved under section 3734.521 of the Revised Code in
connection with a change in district composition, other than one
involving the withdrawal of a county from a joint district, the
committee, within fourteen days after the change takes effect
pursuant to division (G) of that section, shall notify by certified
mail the owner or operator of each solid waste disposal facility that
is required to collect the fees that the change has taken effect and
of the amount of the fees, if any. Collection of any fees shall
commence or collection of repealed fees shall cease on the first day
of the second month following the month in which notification is sent
to the owner or operator.

If,
in the case of a change in district composition involving the
withdrawal of a county from a joint district, the director completes
the actions required under division (G)(1) or (3) of section 3734.521
of the Revised Code, as appropriate, forty-five days or more before
the beginning of a calendar year, the policy committee of each of the
districts resulting from the change that obtained the director's
approval of an initial or amended plan in connection with the change,
within fourteen days after the director's completion of the required
actions, shall notify by certified mail the owner or operator of each
solid waste disposal facility that is required to collect the
district's fees that the change is to take effect on the first day of
January immediately following the issuance of the notice and of the
amount of the fees or amended fees levied under divisions (B)(1) to
(3) of this section pursuant to the district's initial or amended
plan as so approved or, if appropriate, the repeal of the district's
fees by that initial or amended plan. Collection of any fees set
forth in such a plan or amended plan shall commence on the first day
of January immediately following the issuance of the notice. If such
an initial or amended plan repeals a schedule of fees, collection of
the fees shall cease on that first day of January.

If,
in the case of a change in district composition involving the
withdrawal of a county from a joint district, the director completes
the actions required under division (G)(1) or (3) of section 3734.521
of the Revised Code, as appropriate, less than forty-five days before
the beginning of a calendar year, the director, on behalf of each of
the districts resulting from the change that obtained the director's
approval of an initial or amended plan in connection with the change
proceedings, shall notify by certified mail the owner or operator of
each solid waste disposal facility that is required to collect the
district's fees that the change is to take effect on the first day of
January immediately following the mailing of the notice and of the
amount of the fees or amended fees levied under divisions (B)(1) to
(3) of this section pursuant to the district's initial or amended
plan as so approved or, if appropriate, the repeal of the district's
fees by that initial or amended plan. Collection of any fees set
forth in such a plan or amended plan shall commence on the first day
of the second month following the month in which notification is sent
to the owner or operator. If such an initial or amended plan repeals
a schedule of fees, collection of the fees shall cease on the first
day of the second month following the month in which notification is
sent to the owner or operator.

If
the schedule of fees that a solid waste management district is
levying under divisions (B)(1) to (3) of this section is amended or
repealed, the fees in effect immediately prior to the amendment or
repeal shall continue to be collected until collection of the amended
fees commences or collection of the repealed fees ceases, as
applicable, as specified in this division. In the case of a change in
district composition, money so received from the collection of the
fees of the former districts shall be divided among the resulting
districts in accordance with division (B) of section 343.012 of the
Revised Code and the agreements entered into under division (B) of
section 343.01 of the Revised Code to establish the former and
resulting districts and any amendments to those agreements.

For
the purposes of the provisions of division (B) of this section
establishing the times when newly established or amended fees levied
by a district are required to commence and the collection of fees
that have been amended or repealed is required to cease, "fees"
or "schedule of fees" includes, in addition to fees levied
under divisions (B)(1) to (3) of this section, those levied under
section 3734.573 or 3734.574 of the Revised Code.

(C)
For the purposes of defraying the added costs to a municipal
corporation or township of maintaining roads and other public
facilities and of providing emergency and other public services, and
compensating a municipal corporation or township for reductions in
real property tax revenues due to reductions in real property
valuations resulting from the location and operation of a solid waste
disposal facility within the municipal corporation or township, a
municipal corporation or township in which such a solid waste
disposal facility is located may levy a fee of not more than
twenty-five cents per ton on the disposal of solid wastes at a solid
waste disposal facility located within the boundaries of the
municipal corporation or township regardless of where the wastes were
generated.

The
legislative authority of a municipal corporation or township may levy
fees under this division by enacting an ordinance or adopting a
resolution establishing the amount of the fees. Upon so doing the
legislative authority shall mail a certified copy of the ordinance or
resolution to the board of county commissioners or directors of the
county or joint solid waste management district in which the
municipal corporation or township is located or, if a regional solid
waste management authority has been formed under section 343.011 of
the Revised Code, to the board of trustees of that regional
authority, the owner or operator of each solid waste disposal
facility in the municipal corporation or township that is required to
collect the fee by the ordinance or resolution, and the director of
environmental protection. Although the fees levied under this
division are levied on the basis of tons as the unit of measurement,
the legislative authority, in its ordinance or resolution levying the
fees under this division, may direct that the fees be levied on the
basis of cubic yards as the unit of measurement based upon a
conversion factor of three cubic yards per ton generally or one cubic
yard per ton for baled wastes.

Not
later than five days after enacting an ordinance or adopting a
resolution under this division, the legislative authority shall so
notify by certified mail the owner or operator of each solid waste
disposal facility that is required to collect the fee. Collection of
any fee levied on or after March 24, 1992, shall commence on the
first day of the second month following the month in which
notification is sent to the owner or operator.

(D)(1)
The fees levied under divisions (A), (B), and (C) of this section do
not apply to the disposal of solid wastes that:

(a)
Are disposed of at a facility owned by the generator of the wastes
when the solid waste facility exclusively disposes of solid wastes
generated at one or more premises owned by the generator regardless
of whether the facility is located on a premises where the wastes are
generated;

(b)
Are generated from the combustion of coal, or from the combustion of
primarily coal, regardless of whether the disposal facility is
located on the premises where the wastes are generated;

(c)
Are asbestos or asbestos-containing materials or products disposed of
at a construction and demolition debris facility that is licensed
under Chapter 3714. of the Revised Code or at a solid waste facility
that is licensed under this chapter.

(2)
Except as provided in section 3734.571 of the Revised Code, any fees
levied under division (B)(1) of this section apply to solid wastes
originating outside the boundaries of a county or joint district that
are covered by an agreement for the joint use of solid waste
facilities entered into under section 343.02 of the Revised Code by
the board of county commissioners or board of directors of the county
or joint district where the wastes are generated and disposed of.

(3)
When solid wastes, other than solid wastes that consist of scrap
tires, are burned in a disposal facility that is an incinerator or
energy recovery facility, the fees levied under divisions (A), (B),
and (C) of this section shall be levied upon the disposal of the fly
ash and bottom ash remaining after burning of the solid wastes and
shall be collected by the owner or operator of the sanitary landfill
where the ash is disposed of.

(4)
When solid wastes are delivered to a solid waste transfer facility,
the fees levied under divisions (B) and (C) of this section shall be
levied upon the disposal of solid wastes transported off the premises
of the transfer facility for disposal and shall be collected by the
owner or operator of the solid waste disposal facility where the
wastes are disposed of.

(5)
The fees levied under divisions (A), (B), and (C) of this section do
not apply to sewage sludge that is generated by a waste water
treatment facility holding a national pollutant discharge elimination
system permit and that is disposed of through incineration, land
application, or composting or at another resource recovery or
disposal facility that is not a landfill.

(6)
The fees levied under divisions (A), (B), and (C) of this section do
not apply to solid wastes delivered to a solid waste composting
facility for processing. When any unprocessed solid waste or compost
product is transported off the premises of a composting facility and
disposed of at a landfill, the fees levied under divisions (A), (B),
and (C) of this section shall be collected by the owner or operator
of the landfill where the unprocessed waste or compost product is
disposed of.

(7)
When solid wastes that consist of scrap tires are processed at a
scrap tire recovery facility, the fees levied under divisions (A),
(B), and (C) of this section shall be levied upon the disposal of the
fly ash and bottom ash or other solid wastes remaining after the
processing of the scrap tires and shall be collected by the owner or
operator of the solid waste disposal facility where the ash or other
solid wastes are disposed of.

(8)
The director of environmental protection may issue an order exempting
from the fees levied under this section solid wastes, including, but
not limited to, scrap tires, that are generated, transferred, or
disposed of as a result of a contract providing for the expenditure
of public funds entered into by the administrator or regional
administrator of the United States environmental protection agency,
the director of environmental protection, or the director of
administrative services on behalf of the director of environmental
protection for the purpose of remediating conditions at a hazardous
waste facility, solid waste facility, or other location at which the
administrator or regional administrator or the director of
environmental protection has reason to believe that there is a
substantial threat to public health or safety or the environment or
that the conditions are causing or contributing to air or water
pollution or soil contamination. An order issued by the director of
environmental protection under division (D)(8) of this section shall
include a determination that the amount of the fees not received by a
solid waste management district as a result of the order will not
adversely impact the implementation and financing of the district's
approved solid waste management plan and any approved amendments to
the plan. Such an order is a final action of the director of
environmental protection.

(E)
The fees levied under divisions (B) and (C) of this section shall be
collected by the owner or operator of the solid waste disposal
facility where the wastes are disposed of as a trustee for the county
or joint district and municipal corporation or township where the
wastes are disposed of. Moneys from the fees levied under division
(B) of this section shall be forwarded to the board of county
commissioners or board of directors of the district in accordance
with rules adopted under division (H) of this section. Moneys from
the fees levied under division (C) of this section shall be forwarded
to the treasurer or such other officer of the municipal corporation
as, by virtue of the charter, has the duties of the treasurer or to
the fiscal officer of the township, as appropriate, in accordance
with those rules.

(F)
Moneys received by the treasurer or other officer of the municipal
corporation under division (E) of this section shall be paid into the
general fund of the municipal corporation. Moneys received by the
fiscal officer of the township under that division shall be paid into
the general fund of the township. The treasurer or other officer of
the municipal corporation or the township fiscal officer, as
appropriate, shall maintain separate records of the moneys received
from the fees levied under division (C) of this section.

(G)
Moneys received by the board of county commissioners or board of
directors under division (E) of this section or section 3734.571,
3734.572, 3734.573, or 3734.574 of the Revised Code shall be paid to
the county treasurer, or other official acting in a similar capacity
under a county charter, in a county district or to the county
treasurer or other official designated by the board of directors in a
joint district and kept in a separate and distinct fund to the credit
of the district. If a regional solid waste management authority has
been formed under section 343.011 of the Revised Code, moneys
received by the board of trustees of that regional authority under
division (E) of this section shall be kept by the board in a separate
and distinct fund to the credit of the district. Moneys in the
special fund of the county or joint district arising from the fees
levied under division (B) of this section and the fee levied under
division (A) of section 3734.573 of the Revised Code shall be
expended by the board of county commissioners or directors of the
district in accordance with the district's solid waste management
plan or amended plan approved under section 3734.521, 3734.55, or
3734.56 of the Revised Code exclusively for the following purposes:

(1)
Preparation of the solid waste management plan of the district under
section 3734.54 of the Revised Code, monitoring implementation of the
plan, and conducting the periodic review and amendment of the plan
required by section 3734.56 of the Revised Code by the solid waste
management policy committee;

(2)
Implementation of the approved solid waste management plan or amended
plan of the district, including, without limitation, the development
and implementation of solid waste recycling or reduction programs;

(3)
Providing financial assistance to boards of health within the
district, if solid waste facilities are located within the district,
for enforcement of this chapter and rules, orders, and terms and
conditions of permits, licenses, and variances adopted or issued
under it, other than the hazardous waste provisions of this chapter
and rules adopted and orders and terms and conditions of permits
issued under those provisions;

(4)
Providing financial assistance to each county within the district to
defray the added costs of maintaining roads and other public
facilities and of providing emergency and other public services
resulting from the location and operation of a solid waste facility
within the county under the district's approved solid waste
management plan or amended plan;

(5)
Pursuant to contracts entered into with boards of health within the
district, if solid waste facilities contained in the district's
approved plan or amended plan are located within the district, for
paying the costs incurred by those boards of health for collecting
and analyzing samples from public or private water wells on lands
adjacent to those facilities;

(6)
Developing and implementing a program for the inspection of solid
wastes generated outside the boundaries of this state that are
disposed of at solid waste facilities included in the district's
approved solid waste management plan or amended plan;

(7)
Providing financial assistance to boards of health within the
district for the enforcement of section 3734.03 of the Revised Code
or to local law enforcement agencies having jurisdiction within the
district for enforcing anti-littering laws and ordinances;

(8)
Providing financial assistance to boards of health of health
districts within the district that are on the approved list under
section 3734.08 of the Revised Code to defray the costs to the health
districts for the participation of their employees responsible for
enforcement of the solid waste provisions of this chapter and rules
adopted and orders and terms and conditions of permits, licenses, and
variances issued under those provisions in the training and
certification program as required by rules adopted under division (L)
of section 3734.02 of the Revised Code;

(9)
Providing financial assistance to individual municipal corporations
and townships within the district to defray their added costs of
maintaining roads and other public facilities and of providing
emergency and other public services resulting from the location and
operation within their boundaries of a composting, energy or resource
recovery, incineration, or recycling facility that either is owned by
the district or is furnishing solid waste management facility or
recycling services to the district pursuant to a contract or
agreement with the board of county commissioners or directors of the
district;

(10)
Payment of any expenses that are agreed to, awarded, or ordered to be
paid under section 3734.35 of the Revised Code and of any
administrative costs incurred pursuant to that section. In the case
of a joint solid waste management district, if the board of county
commissioners of one of the counties in the district is negotiating
on behalf of affected communities, as defined in that section, in
that county, the board shall obtain the approval of the board of
directors of the district in order to expend moneys for
administrative costs incurred.

Prior
to the approval of the district's solid waste management plan under
section 3734.55 of the Revised Code, moneys in the special fund of
the district arising from the fees shall be expended for those
purposes in the manner prescribed by the solid waste management
policy committee by resolution.

Notwithstanding
division (G)(6) of this section as it existed prior to October 29,
1993, or any provision in a district's solid waste management plan
prepared in accordance with division (B)(2)(e) of section 3734.53 of
the Revised Code as it existed prior to that date, any moneys arising
from the fees levied under division (B)(3) of this section prior to
January 1, 1994, may be expended for any of the purposes authorized
in divisions (G)(1) to (10) of this section.

(H)
The director shall adopt rules in accordance with Chapter 119. of the
Revised Code prescribing procedures for collecting and forwarding the
fees levied under divisions (B) and (C) of this section to the boards
of county commissioners or directors of county or joint solid waste
management districts and to the treasurers or other officers of
municipal corporations and the fiscal officers of townships. The
rules also shall prescribe the dates for forwarding the fees to the
boards and officials and may prescribe any other requirements the
director considers necessary or appropriate to implement and
administer divisions (A), (B), and (C) of this section.

Sec.
3734.79.
(A)
Except as provided in division (B) of this section, each application
for a permit submitted under sections 3734.76 to 3734.78 of the
Revised Code shall be accompanied by a nonrefundable application fee
of four hundred dollars that shall be credited to the scrap tire
management fund created in section 3734.82 of the Revised Code. If a
permit is issued, the amount of the application fee paid shall be
deducted from the amount of the applicable permit fee due under
division
(R)
(Q)

of section 3745.11 of the Revised Code.

(B)
Division (A) of this section does not apply to an application for a
permit for a scrap tire storage facility submitted under section
3734.76 of the Revised Code if the owner or operator of the facility
or proposed facility is a motor vehicle salvage dealer licensed under
Chapter 4738. of the Revised Code.

Sec.
3734.901.
(A)(1)
For the purpose of providing revenue to defray the cost of
administering and enforcing the scrap tire provisions of this
chapter, rules adopted under those provisions, and terms and
conditions of orders, variances, and licenses issued under those
provisions; to abate accumulations of scrap tires; to make grants
supporting market development activities for scrap tires and
synthetic rubber from tire manufacturing processes and tire recycling
processes and to support scrap tire amnesty and cleanup events; to
make loans to promote the recycling or recovery of energy from scrap
tires; and to defray the costs of administering and enforcing
sections 3734.90 to 3734.9014 of the Revised Code, a fee of fifty
cents per tire is hereby levied on the sale of tires. The proceeds of
the fee shall be deposited in the state treasury to the credit of the
scrap tire management fund created in section 3734.82 of the Revised
Code. The fee is levied from the first day of the calendar month that
begins next after thirty days from October 29, 1993, through June 30,

2026
2028
.

(2)
Beginning on July 1, 2011, and ending on June 30,
2026
2028
,
there is hereby levied an additional fee of fifty cents per tire on
the sale of tires the proceeds of which shall be deposited in the
state treasury to the credit of the soil and water conservation
district assistance fund created in section 940.15 of the Revised
Code.

(B)
Only one sale of the same article shall be used in computing the
amount of the fee due.

Sec.
3734.904.
(A)
By the twentieth day of each month, each person required to pay the
fee imposed by section 3734.901 of the Revised Code shall file with
the tax commissioner a return as prescribed by the tax commissioner
and shall make payment of the full amount of the fee due for the
preceding month

after
deduction of any discount provided for under division (E) of this
section
.
The return shall be signed by the person required to file it, or an
authorized employee, officer, or agent. The return shall be deemed
filed when received by the tax commissioner.

(B)
Any person required by this section to file a return who fails to
file such a return within the period prescribed may be required to
pay an additional charge of fifty dollars or ten per cent of the fee
required to be paid for the reporting period, whichever is greater.
The commissioner may collect the additional charge by assessment
pursuant to section 3734.907 of the Revised Code. The commissioner
may remit all or a portion of the additional charge and may adopt
rules relating thereto.

(C)
If any fee due is not paid timely in accordance with this section,
the person liable for the fee shall pay interest, calculated at the
rate per annum as prescribed by section 5703.47 of the Revised Code,
from the date the fee payment was due to the date of payment or to
the date an assessment is issued, whichever occurs first. Interest
shall be paid in the same manner as the fee, and the commissioner may
collect the interest by assessment pursuant to section 3734.907 of
the Revised Code.

(D)
If, in the estimation of the tax commissioner, the average liability
of the person liable for the fee is such as not to merit monthly
filing, the commissioner may authorize the person to file and pay at
less frequent intervals. Returns are due by the twentieth day of the
month following the close of the applicable reporting period
authorized under this division.

(E)

If
a return is filed and the amount of the fee shown to be due on the
return is paid on or before the date that the return is required to
be filed under division (A) of this section or pursuant to division
(D) of this section, whichever is applicable, the person liable for
the fee is entitled to a discount of four per cent of the amount
shown to be due on the return.

(F)

All money collected by the tax commissioner under this section shall
be paid to the treasurer of state as revenue arising from the fee
imposed by section 3734.901 of the Revised Code.

Sec.
3734.907.
(A)
Any person required to pay the fee imposed by section 3734.901 of the
Revised Code is personally liable for the fee. The tax commissioner
may make an assessment, based upon any information in the
commissioner's possession, against any person who fails to file a
return or pay any fee, interest, or additional charge as required by
sections 3734.90 to 3734.9014 of the Revised Code. The commissioner
shall give the person assessed written notice of the assessment in
the manner provided in section 5703.37 of the Revised Code. With the
notice, the commissioner shall provide instructions on how to
petition for reassessment and request a hearing on the petition.

(B)
When the information in the possession of the tax commissioner
indicates that a person liable for the fee imposed by section
3734.901 of the Revised Code has not paid the full amount of fee due,
the commissioner may audit a representative sample of the person's
business and may issue an assessment based on the audit.

(C)
A penalty of up to fifteen per cent may be added to all amounts
assessed under this section. The commissioner may adopt rules
providing for the imposition and remission of the penalties.

(D)
Unless the person assessed files with the tax commissioner within
sixty days after service of the notice of assessment
,
either personally or by certified mail,

a written petition for reassessment signed by the person assessed or
that person's authorized agent having knowledge of the facts, the
assessment becomes final and the amount of the assessment is due and
payable from the person assessed to the treasurer of state. The
petition shall indicate the objections of the person assessed, but
additional objections may be raised in writing if received by the
commissioner prior to the date shown on the final determination. If
the petition has been properly filed, the commissioner shall proceed
under section 5703.60 of the Revised Code.

(E)
After an assessment becomes final, if any portion of the assessment,
including accrued interest, remains unpaid, a certified copy of the
tax commissioner's entry making the assessment final may be filed in
the office of the clerk of the court of common pleas in the county in
which the person assessed resides or in which the person's business
is conducted. If the person assessed maintains no place of business
in this state and is not a resident of this state, the certified copy
of the entry may be filed in the office of the clerk of the court of
common pleas of Franklin county.

Immediately
upon the filing of the entry, the clerk shall enter a judgment for
the state against the person assessed in the amount shown on the
entry. The judgment may be filed by the clerk in a loose-leaf book
entitled "special judgments for state tire fee," and shall
have the same effect as other judgments. Execution shall issue upon
the judgment upon the request of the tax commissioner, and all laws
applicable to sales on execution shall apply to sales made under the
judgment.

If
the assessment is not paid in its entirety within sixty days after
the day the assessment was issued, the portion of the assessment
consisting of the fee due shall bear interest at the rate per annum
prescribed by section 5703.47 of the Revised Code from the day the
commissioner issues the assessment until the day the assessment is
paid or until it is certified to the attorney general for collection
under section 131.02 of the Revised Code, whichever comes first. If
the unpaid portion of the assessment is certified to the attorney
general for collection, the entire unpaid portion of the assessment
shall bear interest at the rate per annum prescribed by section
5703.47 of the Revised Code from the date of certification until the
date it is paid in its entirety. Interest shall be paid in the same
manner as the fee and may be collected by the issuance of an
assessment under this section.

(F)
If the tax commissioner believes that collection of the fee will be
jeopardized unless proceedings to collect or secure collection of the
fee are instituted without delay, the commissioner may issue a
jeopardy assessment against the person liable for the fee.
Immediately upon the issuance of the jeopardy assessment, the
commissioner shall file an entry with the clerk of the court of
common pleas in the manner prescribed by division (E) of this
section. Notice of the jeopardy assessment shall be served on the
person assessed or the person's legal representative, as provided in
section 5703.37 of the Revised Code, within five days of the filing
of the entry with the clerk. The total amount assessed is immediately
due and payable, unless the person assessed files a petition for
reassessment in accordance with division (D) of this section and
provides security in a form satisfactory to the commissioner and in
an amount sufficient to satisfy the unpaid balance of the assessment.
Full or partial payment of the assessment does not prejudice the
commissioner's consideration of the petition for reassessment.

(G)
All money collected by the tax commissioner under this section shall
be paid to the treasurer of state as revenue arising from the fee
imposed by section 3734.901 of the Revised Code.

Sec.
3735.67.
(A)
The owner of real property located in a community reinvestment area
and eligible for exemption from taxation under a resolution adopted
pursuant to section 3735.66 of the Revised Code may file an
application for an exemption from real property taxation of a
percentage of the assessed valuation of a new structure, or of the
increased assessed valuation of an existing structure after
remodeling began, if the new structure or remodeling is completed
after the effective date of the resolution adopted pursuant to
section 3735.66 of the Revised Code. The application shall be filed
with the housing officer designated for the community reinvestment
area in which the property is located. If any part of the new
structure or remodeled structure that would be exempted is of real
property to be used for commercial or industrial purposes, the
legislative authority and the owner of the property shall enter into
a written agreement pursuant to section 3735.671 of the Revised Code
prior to commencement of construction or remodeling; if such an
agreement is subject to approval by the board of education of the
school district within the territory of which the property is or will
be located, the agreement shall not be formally approved by the
legislative authority until the board of education approves the
agreement in the manner prescribed by that section.
If
a structure is already subject to a written agreement pursuant to
section 3735.671 of the Revised Code, is on the site of a proposed
megaproject, and is expected to be owned or occupied by a megaproject
operator as defined in division (A)(12) of section 122.17 of the
Revised Code, or is not situated on the site of a proposed
megaproject but is expected to be owned or occupied by a megaproject
supplier that meets the requirements described in division (A)(13)(b)
of section 122.17 of the Revised Code, the legislative authority may
amend the agreement to cause the exemption for the structure to
continue for a maximum amended term not exceeding thirty years by
following the process for approving an agreement described in section
3735.671 of the Revised Code.

(B)
The housing officer shall verify the construction of the new
structure or the cost of the remodeling of the existing structure and
the facts asserted in the application. The housing officer shall
determine whether the construction or remodeling meets the
requirements for an exemption under this section. In cases involving
a structure of historical or architectural significance, the housing
officer shall not determine whether the remodeling meets the
requirements for a tax exemption unless the appropriateness of the
remodeling has been certified, in writing, by the society,
association, agency, or legislative authority that has designated the
structure or by any organization or person authorized, in writing, by
such society, association, agency, or legislative authority to
certify the appropriateness of the remodeling.

(C)
If the construction or remodeling meets the requirements for
exemption, the housing officer shall forward the application to the
county auditor with a certification as to the division of this
section under which the exemption is granted, and the period and
percentage of the exemption as determined by the legislative
authority pursuant to that division. If the construction or
remodeling is of commercial or industrial property and the
legislative authority is not required to certify a copy of a
resolution under section 3735.671 of the Revised Code, the housing
officer shall comply with the notice requirements prescribed under
section 5709.83 of the Revised Code, unless the board has adopted a
resolution under that section waiving its right to receive such a
notice.

(D)
Except as provided in division (F) of this section, the tax exemption
shall first apply in the year the construction or remodeling would
first be taxable but for this section. In the case of remodeling that
qualifies for exemption, a percentage, not to exceed one hundred per
cent, of the increased assessed valuation of an existing structure
after remodeling began shall be exempted from real property taxation.
In the case of construction of a structure that qualifies for
exemption, a percentage, not to exceed one hundred per cent, of the
assessed value of the structure shall be exempted from real property
taxation. In either case, the percentage shall be the percentage set
forth in the agreement if the structure or remodeling is to be used
for commercial or industrial purposes, or the percentage set forth in
the resolution describing the community reinvestment area if the
structure or remodeling is to be used for residential purposes.

The
construction of new structures and the remodeling of existing
structures are hereby declared to be a public purpose for which
exemptions from real property taxation may be granted for the
following periods:

(1)
For every dwelling and commercial or industrial properties, located
within the same community reinvestment area, upon which the cost of
remodeling is at least two thousand five hundred dollars in the case
of a dwelling containing not more than two family units or at least
five thousand dollars in the case of all other property, a period to
be determined by the legislative authority adopting the resolution,
but not exceeding fifteen years. The period of exemption for a
dwelling described in division (D)(1) of this section may be extended
by a legislative authority for up to an additional ten years if the
dwelling is a structure of historical or architectural significance,
is a certified historic structure that has been subject to federal
tax treatment under 26 U.S.C. 47 and 170(h), and units within the
structure have been leased to individual tenants for five consecutive
years;

(2)
Except as provided in division (F) of this section, for construction
of every dwelling, and commercial or industrial structure located
within the same community reinvestment area, a period to be
determined by the legislative authority adopting the resolution, but
not exceeding one of the following:

(a)
Thirty years, if the commercial or industrial structure is situated
on the site of a megaproject and is owned
and

or

occupied
by a megaproject operator as defined in division (A)(12) of section
122.17 of the Revised Code, or is not situated on the site of a
megaproject but is owned
and

or

occupied
by a megaproject supplier that meets the requirements described in
division (A)(13)(b) of section 122.17 of the Revised Code;

(b)
Fifteen years, for any other dwelling or commercial or industrial
structure.

(E)
Any person, board, or officer authorized by section 5715.19 of the
Revised Code to file complaints with the county board of revision may
file a complaint with the housing officer challenging the continued
exemption of any property granted an exemption under this section. A
complaint against exemption shall be filed prior to the thirty-first
day of December of the tax year for which taxation of the property is
requested. The housing officer shall determine whether the property
continues to meet the requirements for exemption and shall certify
the housing officer's findings to the complainant. If the housing
officer determines that the property does not meet the requirements
for exemption, the housing officer shall notify the county auditor,
who shall correct the tax list and duplicate accordingly.

(F)
The owner of a dwelling constructed in a community reinvestment area
may file an application for an exemption after the year the
construction first became subject to taxation. The application shall
be processed in accordance with the procedures prescribed under this
section and shall be granted if the construction that is the subject
of the application otherwise meets the requirements for an exemption
under this section. If approved, the exemption sought in the
application first applies in the year the application is filed. An
exemption approved pursuant to this division continues only for those
years remaining in the period described in division (D)(2) of this
section. No exemption may be claimed for any year in that period that
precedes the year in which the application is filed.

Sec.
3735.671.
(A)
If construction or remodeling of commercial or industrial property is
to be exempted from taxation pursuant to section 3735.67 of the
Revised Code, the legislative authority and the owner of the
property, prior to the commencement of construction or remodeling,
shall enter into a written agreement, binding on both parties for a
period of time that does not end prior to the end of the period of
the exemption, that includes all of the information and statements
described in divisions (B)(1) to (8) of this section. Agreements may
include terms not described in those divisions or otherwise
prescribed by the model agreement adopted by the director of
development under division (B) of this section, but such terms shall
in no way derogate from the information and statements described in
divisions (B)(1) to (8) of this section.

(1)
Except as otherwise provided in division (A)(2) or (3) of this
section, an agreement entered into under this section shall not be
approved by the legislative authority unless the board of education
of the city, local, or exempted village school district within the
territory of which the property is or will be located approves the
agreement. For the purpose of obtaining such approval, the
legislative authority shall certify a copy of the agreement to the
board of education not later than forty-five days prior to approving
the agreement, excluding Saturday, Sunday, and a legal holiday as
defined in section 1.14 of the Revised Code. The board of education,
by resolution adopted by a majority of the board, shall approve or
disapprove the agreement and certify a copy of the resolution to the
legislative authority not later than fourteen days prior to the date
stipulated by the legislative authority as the date upon which
approval of the agreement is to be formally considered by the
legislative authority. The board of education may include in the
resolution conditions under which the board would approve the
agreement. The legislative authority may approve an agreement at any
time after the board of education certifies its resolution approving
the agreement to the legislative authority, or, if the board approves
the agreement conditionally, at any time after the conditions are
agreed to by the board and the legislative authority.

(2)
Approval of an agreement by the board of education is not required
under division (A)(1) of this section if, for each tax year the real
property is exempted from taxation, the sum of the following
quantities, as estimated at or prior to the time the agreement is
formally approved by the legislative authority, equals or exceeds
twenty-five per cent of the amount of taxes, as estimated at or prior
to that time, that would have been charged and payable that year upon
the real property had that property not been exempted from taxation:

(a)
The amount of taxes charged and payable on any portion of the
assessed valuation of the new structure or of the increased assessed
valuation of an existing structure after remodeling began that will
not be exempted from taxation under the agreement;

(b)
The amount of taxes charged and payable on tangible personal property
located on the premises of the new structure or of the structure to
be remodeled under the agreement, whether payable by the owner of the
structure or by a related member, as defined in section 5733.042 of
the Revised Code without regard to division (B) of that section.

(c)
The amount of any cash payment by the owner of the new structure or
structure to be remodeled to the school district, the dollar value,
as mutually agreed to by the owner and the board of education, of any
property or services provided by the owner of the property to the
school district, whether by gift, loan, or otherwise, and any payment
by the legislative authority to the school district pursuant to
section 5709.82 of the Revised Code.

The
estimates of quantities used for purposes of division (A)(2) of this
section shall be estimated by the legislative authority. The
legislative authority shall certify to the board of education that
the estimates have been made in good faith. Departures of the actual
quantities from the estimates subsequent to approval of the agreement
by the board of education do not invalidate the agreement.

(3)
If a board of education has adopted a resolution waiving its right to
approve agreements and the resolution remains in effect, approval of
an agreement by the board is not required under division (A)(1) of
this section. If a board of education has adopted a resolution
allowing a legislative authority to deliver the notice required under
this division fewer than forty-five business days prior to the
legislative authority's execution of the agreement, the legislative
authority shall deliver the notice to the board not later than the
number of days prior to such execution as prescribed by the board in
its resolution. If a board of education adopts a resolution waiving
its right to approve agreements or shortening the notification
period, the board shall certify a copy of the resolution to the
legislative authority. If the board of education rescinds such a
resolution, it shall certify notice of the rescission to the
legislative authority.

(4)
If the owner of the property or the legislative authority agree to
make any payment to the school district as described in division
(A)(2)(c) of this section, the owner or legislative authority shall
agree to make payments to the joint vocational school district within
which the property is located at the same rate or amount and under
the same terms received by the city, local, or exempted village
school district.

(B)
The director of development shall adopt rules in accordance with
Chapter 119. of the Revised Code prescribing the form of a model
agreement that a legislative authority may, in its discretion, use as
the basis for an agreement to be executed under this section. The
model agreement may include any term necessary for the administration
and enforcement of such agreements by the director and legislative
authority, but must include all of the following:

(1)
A space to include the description of real property to be exempted
from taxation under the agreement and to identify the property's
owners;

(2)
A space to denote the percentage of the assessed valuation of real
property exempted from taxation and the period for which the
exemption is granted;

(3)
A statement requiring the owner to pay real property taxes not
exempted under the agreement, as required by law, and requiring
rescission of the agreement if the owner fails to pay those taxes
beginning in and after the year any such taxes are charged;

(4)
A statement that the owner certifies, at the time the agreement is
executed, that the owner does not owe any delinquent property taxes
or taxes for which the owner is liable under Chapter 5735., 5739.,
5741., 5743., 5747., or 5753. of the Revised Code, or, if such
delinquent taxes are owed, that the owner is paying the delinquent
taxes pursuant to an undertaking enforceable by the state or an agent
or instrumentality thereof, has filed a petition in bankruptcy, or
has had a bankruptcy petition filed against the owner;

(5)
A statement requiring the owner to provide to the property tax
incentive review council any information reasonably required by the
council to evaluate the applicant's compliance with the agreement;

(6)
A statement that the agreement is not transferable or assignable
without the approval of the legislative authority;

(7)
A statement describing the circumstances under which the legislative
authority may revoke an agreement for noncompliance;

(8)
A statement requiring the owner to provide an estimate of the
following for each agreement:

(a)
The number of employment opportunities created due to the remodeling
or construction, as well as the payroll attributable to those
opportunities;

(b)
The number of employment opportunities retained due to the remodeling
or construction, as well as the payroll attributable to those
opportunities.

The
model agreement shall also provide that a legislative authority may,
but is not required to, include a statement describing the manner by
which the legislative authority may recover already-received
benefits, which may include an action brought in law or equity, a
lien on the exempted property in the amount to be recovered, or other
means. In the case of a lien on the exempted property, the lien shall
attach, and may be perfected, collected, and enforced, in the same
manner as a mortgage lien on real property, and otherwise has the
same force and effect as a mortgage lien on real property.

Once
the director adopts rules prescribing a model agreement under this
division, the model agreement may not be changed unless the director
adopts, amends, or rescinds those rules in accordance with Chapter
119. of the Revised Code.

(C)
If any person that is party to an agreement granting an exemption
from taxation discontinues operations at the structure to which that
exemption applies prior to the expiration of the term of the
agreement, that person, any successor to that person, and any related
member shall not enter into an agreement under this section or
section 5709.62, 5709.63, or 5709.632 of the Revised Code, and no
legislative authority shall enter into such an agreement with such a
person, successor, or related member prior to the expiration of three
years after the person's discontinuation of operations. As used in
this division, "successor" means a person to which the
assets or equity of another person has been transferred, which
transfer resulted in the full or partial nonrecognition of gain or
loss, or resulted in a carryover basis, both as determined by rule
adopted by the tax commissioner. "Related member" has the
same meaning as defined in section 5733.042 of the Revised Code
without regard to division (B) of that section.

The
director of development shall review all agreements submitted to the
director under section 3735.672 of the Revised Code for the purpose
of enforcing this division. If the director determines there has been
a violation of this division, the director shall notify the
legislative authority of such violation, and the legislative
authority immediately shall revoke the exemption granted under the
agreement.

(D)
A political subdivision other than the legislative authority is not
required to be a party to an agreement authorized under this section
unless the political subdivision is a fee simple owner of real
property subject to an exemption pursuant to section 3735.67 of the
Revised Code that would otherwise be obligated to pay real property
taxes for such real property.

Sec.
3737.83.
The
state fire marshal shall, as part of the state fire code, adopt rules
to:

(A)
Establish minimum standards of performance for fire protection
equipment and fire fighting equipment;

(B)
Establish minimum standards of training, fix minimum qualifications,
and require certificates for all persons who engage in the business
for profit of installing, testing, repairing, or maintaining fire
protection equipment;

(C)
Provide for the issuance of certificates required under division (B)
of this section and establish the fees to be charged for such
certificates. A certificate shall be granted, renewed, or revoked
according to rules the state fire marshal shall adopt, except that
the state fire marshal shall grant a certificate in accordance with
Chapter 4796. of the Revised Code to an applicant if either of the
following applies:

(1)
The applicant holds a license or certificate in another state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a person engaged in the business of installing, testing,
repairing, or maintaining fire protection equipment in a state that
does not issue that certificate.

(D)
Establish minimum standards of flammability for consumer goods in any
case where the federal government or any department or agency thereof
has established, or may from time to time establish standards of
flammability for consumer goods. The standards established by the
state fire marshal shall be identical to the minimum federal
standards.

In
any case where the federal government or any department or agency
thereof, establishes standards of flammability for consumer goods
subsequent to the adoption of a flammability standard by the state
fire marshal, standards previously adopted by the state fire marshal
shall not continue in effect to the extent such standards are not
identical to the minimum federal standards.

With
respect to the adoption of minimum standards of flammability, this
division shall supersede any authority granted a political
subdivision by any other section of the Revised Code.

(E)
Establish minimum standards pursuant to section 5104.05 of the
Revised Code for fire prevention and fire safety in child care
centers and in type A family child care homes, as defined in section
5104.01 of the Revised Code.

(F)
Establish minimum standards for fire prevention and safety in a
residential facility licensed under section 5119.34 of the Revised
Code that provides accommodations, supervision, and personal care
services for three to sixteen unrelated adults. The state fire
marshal shall adopt the rules under this division in consultation
with the director of mental health and addiction services and
interested parties designated by the director of mental health and
addiction services.

(G)(1)
Establish that, for buildings and structures incident to the
agricultural purposes of the land and determined to be exempt from
the rules of the board of building standards pursuant to division
(B)(1) of section 3781.06 or section 3781.061 of the Revised Code,
the occupant load of a covered patio and its area are not to be
included in the fire area calculation of the building for the
determination of sprinkler thresholds, if all the following apply:

(a)
The building or structure would be classified as an assembly
occupancy.

(b)
The covered patio is either:

(i)
Completely open to the atmosphere without enclosing walls on at least
three sides all year with accessible means of egress on each open
side;

(ii)
Completely open to the atmosphere without enclosing walls on two
sides all year with accessible means of egress on each open side, but
only if no point in the covered patio area is more than twenty feet
from an accessible means of egress and not more than fifty per cent
of the perimeter of the covered patio area is enclosed by walls.

(c)
The occupant load of the covered patio does not exceed one hundred
occupants.

(d)
The floor area of the covered patio is at the level of exit
discharge.

(e)
If the patio is constructed on or after the effective date of this
amendment, the horizontal assembly or roof and columns are
constructed of materials that are non-combustible,
limited-combustible, or fire-retardant treated wood.

(2)
If a building or zoning official makes a determination pursuant to
division (B)(1) of section 3781.06 or section 3781.061 of the Revised
Code that results in a building or structure being exempt from the
rules of the board of building standards, such official shall provide
a written notification to the affected party that the state fire code
applies to the exempt location, including as specified in this
section.

(3)
Nothing in division (G) of this section shall be construed to limit
or restrict the scope of application of the state fire code, except
as expressly provided in division (G)(1) of this section, including
the distinct hazard or serious hazard standards specified in the
state fire code.

(4)
Notwithstanding any provision of section 121.95 of the Revised Code
to the contrary, a regulatory restriction contained in a rule adopted
under division (G)(1) of this section is not subject to sections
121.95 to 121.953 of the Revised Code.

Sec.
3742.32.
(A)
The director of health shall appoint an advisory council to assist in
the ongoing development and implementation of the child lead
poisoning prevention program created under section 3742.31 of the
Revised Code. The advisory council shall consist of the following
members:

(1)
A representative of the department of medicaid;

(2)

A
representative of the bureau of child care in the department of job
and family services;

(3)

A
representative of the department of environmental protection;

(4)
(3)

A representative of the department of education and workforce;

(5)
(4)

A representative of the department of development;

(6)
(5)

A representative of the department of children and youth;

(7)
(6)

A representative of the Ohio apartment owner's association;

(8)
(7)

A representative of the Ohio healthy homes network;

(9)
(8)

A representative of the Ohio environmental health association;

(10)
(9)

An Ohio representative of the American coatings association;

(11)
(10)

A representative from Ohio realtors;

(12)
(11)

A representative of the Ohio housing finance agency;

(13)
(12)

A physician knowledgeable in the field of lead poisoning prevention;

(14)
(13)

A certified nurse-midwife, clinical nurse specialist, or certified
nurse practitioner knowledgeable in the field of lead poisoning
prevention;

(15)
(14)

A representative of the public.

(B)
The advisory council shall do both of the following:

(1)
Provide the director with advice regarding the policies the child
lead poisoning prevention program should emphasize, preferred methods
of financing the program, and any other matter relevant to the
program's operation;

(2)
Submit a report of the state's activities to the governor, president
of the senate, and speaker of the house of representatives on or
before the first day of March each year.

(C)
The advisory council is not subject to sections 101.82 to 101.87 of
the Revised Code.

Sec.
3742.50.
(A)
As used in this section:

(1)
"Lead abatement costs" means costs incurred by a taxpayer
for either of the following:

(a)
A lead abatement specialist to conduct a lead risk assessment, a lead
abatement project, or a clearance examination, provided the
specialist is authorized under this chapter to conduct the respective
task;

(b)
Relocation costs incurred in the relocation of occupants of an
eligible dwelling to achieve occupant protection, as described in 24
C.F.R. 35.1345(a).

"Lead
abatement costs" do not include such costs for which the
taxpayer is reimbursed or such costs the taxpayer deducts or excludes
in computing the taxpayer's federal adjusted gross income for federal
income tax purposes or Ohio adjusted gross income as determined under
section 5747.01 of the Revised Code.

(2)
"Eligible dwelling" means a residential unit constructed in
this state before 1978.

(3)
"Lead abatement specialist" means an individual who holds a
valid license issued under section 3742.05 of the Revised Code.

(4)
"Taxable year" and "taxpayer" have the same
meanings as in section 5747.01 of the Revised Code.

(B)
A taxpayer who incurs lead abatement costs on an eligible dwelling
during a taxable year may apply to the director of health for a lead
abatement tax credit certificate. The applicant shall list on the
application the amount of lead abatement costs the applicant incurred
for the eligible dwelling during the taxable year. The director, in
consultation with the tax commissioner, shall prescribe the form of a
lead abatement tax credit certificate, the manner by which an
applicant shall apply for the certificate, and requirements for the
submission of any record or other information an applicant must
furnish with the application to verify the lead abatement costs.

(C)(1)
Upon receipt of an application under division (B) of this section,
the director of health shall verify all of the following:

(a)
The residential unit that is the subject of the application is an
eligible dwelling.

(b)
The taxpayer incurred lead abatement costs during the taxable year
related to the eligible dwelling.

(c)
The eligible dwelling has passed a clearance examination in
accordance with standards prescribed in rules adopted by the director
under section 3742.03 or 3742.45 of the Revised Code.

(2)
After verifying the conditions described in division (C)(1) of this
section, the director shall issue a lead abatement tax credit
certificate to the applicant equal to the lesser of (a) the lead
abatement costs incurred by the taxpayer on the eligible dwelling
during the taxable year, (b) the amount of lead abatement costs
listed on the application, or (c)
ten

forty

thousand
dollars, subject to the limitation in division (C)(3) of this
section.

(3)
The director may not issue more than
five

three

million
dollars in lead abatement tax credit certificates in any fiscal year.

(D)
The director of health, in consultation with the tax commissioner,
may adopt rules in accordance with Chapter 119. of the Revised Code
as necessary for the administration of this section.

Sec.
3743.04.
(A)
The license of a manufacturer of fireworks is effective for one year
beginning on the first day of December, and the state fire marshal
shall issue or renew a license only on that date and at no other
time. If a manufacturer of fireworks wishes to continue manufacturing
fireworks at the designated fireworks plant after its then effective
license expires, it shall apply no later than the first day of
October for a new license pursuant to section 3743.02 of the Revised
Code. The state fire marshal shall send a written notice of the
expiration of its license to a licensed manufacturer at least three
months before the expiration date.

(B)
If, during the effective period of its licensure, a licensed
manufacturer of fireworks wishes to construct, locate, or relocate
any buildings or other structures on the premises of its fireworks
plant, to make any structural change or renovation in any building or
other structure on the premises of its fireworks plant, to change the
nature of its manufacturing of fireworks so as to include the
processing of fireworks, or to relocate its fireworks plant to a new
licensed premises, the manufacturer shall notify the state fire
marshal in writing. The state fire marshal may require a licensed
manufacturer also to submit documentation, including, but not limited
to, plans covering the proposed construction, location, relocation,
structural change or renovation, change in manufacturing of
fireworks, or new licensed premises, if the state fire marshal
determines the documentation is necessary for evaluation purposes in
light of the proposed construction, location, relocation, structural
change or renovation, change in manufacturing of fireworks, or new
licensed premises.

Upon
receipt of the notification and additional documentation required by
the state fire marshal, the state fire marshal shall inspect the
existing premises of the fireworks plant, or proposed new licensed
premises, to determine if the proposed construction, location,
relocation, structural change or renovation, change in manufacturing
of fireworks, or new licensed premises conform to sections 3743.02 to
3743.08 of the Revised Code and the rules adopted by the state fire
marshal pursuant to section 3743.05 of the Revised Code. The state
fire marshal shall issue a written authorization to the manufacturer
for the construction, location, relocation, structural change or
renovation, change in manufacturing of fireworks, or new licensed
premises, if the state fire marshal determines, upon the inspection
and a review of submitted documentation, that the construction,
location, relocation, structural change or renovation, change in
manufacturing of fireworks, or new licensed premises conform to those
sections and rules. Upon authorizing a change in manufacturing of
fireworks to include the processing of fireworks, the state fire
marshal shall make notations on the manufacturer's license and in the
list of licensed manufacturers in accordance with section 3743.03 of
the Revised Code.

On
or before June 1, 1998, a licensed manufacturer shall install, in
every licensed building in which fireworks are manufactured, stored,
or displayed and to which the public has access, interlinked fire
detection, smoke exhaust, and smoke evacuation systems that are
approved by the superintendent of industrial compliance, and shall
comply with floor plans showing occupancy load limits and internal
circulation and egress patterns that are approved by the state fire
marshal and superintendent, and that are submitted under seal as
required by section 3791.04 of the Revised Code. Notwithstanding
section 3743.59 of the Revised Code, the construction and safety
requirements established in this division are not subject to any
variance, waiver, or exclusion.

(C)
The license of a manufacturer of fireworks authorizes the
manufacturer to engage only in the following activities:

(1)
The manufacturing of fireworks on the premises of the fireworks plant
as described in the application for licensure or in the notification
submitted under division (B) of this section, except that a licensed
manufacturer shall not engage in the processing of fireworks unless
authorized to do so by its license.

(2)
To possess for sale at wholesale and sell at wholesale the fireworks
manufactured by the manufacturer, to persons who are licensed
wholesalers of fireworks, to persons in accordance with sections
3743.44 to 3743.46 of the Revised Code, or to persons located in
another state provided the fireworks are shipped directly out of this
state to them by the manufacturer. A person who is licensed as a
manufacturer of fireworks on June 14, 1988, also may possess for sale
and sell pursuant to division (C)(2) of this section fireworks other
than those the person manufactures. The possession for sale shall be
on the premises of the fireworks plant described in the application
for licensure or in the notification submitted under division (B) of
this section, and the sale shall be from the inside of a licensed
building and from no other structure or device outside a licensed
building. At no time shall a licensed manufacturer sell any class of
fireworks outside a licensed building.

(3)
Possess for sale at retail and sell at retail the fireworks
manufactured by the manufacturer, other than 1.4G fireworks as
designated by the state fire marshal in rules adopted pursuant to
division (A) of section 3743.05 of the Revised Code, to licensed
exhibitors in accordance with sections 3743.50 to 3743.55 of the
Revised Code, and possess for sale at retail and sell at retail the
fireworks manufactured by the manufacturer, including 1.4G fireworks,
to persons in accordance with sections 3743.44 to
3743.46

3743.48

of
the Revised Code, or to persons located in another state provided the
fireworks are shipped directly out of this state to them by the
manufacturer. A person who is licensed as a manufacturer of fireworks
on June 14, 1988, may also possess for sale and sell pursuant to
division (C)(3) of this section fireworks other than those the person
manufactures. The possession for sale shall be on the premises of the
fireworks plant described in the application for licensure or in the
notification submitted under division (B) of this section
,

and
,
except as otherwise provided in section 3743.48 of the Revised Code,

the sale shall be from the inside of a licensed building and from no
other structure or device outside a licensed building.
At
no time shall
Except
as otherwise provided in section 3743.48 of the Revised Code,
a
licensed manufacturer
shall
not
sell
any class of fireworks outside a licensed building.

A
licensed manufacturer of fireworks shall sell under division (C) of
this section only fireworks that meet the standards set by the
consumer product safety commission or by the American fireworks
standard laboratories or that have received an EX number from the
United States department of transportation.

(D)
The license of a manufacturer of fireworks shall be protected under
glass and posted in a conspicuous place on the premises of the
fireworks plant. Except as otherwise provided in this division, the
license is not transferable or assignable.

(1)
The ownership of a manufacturer of fireworks license may be
transferred to another person for the same fireworks plant for which
the license was issued, or approved pursuant to division (B) of this
section, if the assets of the plant are transferred to that person by
inheritance or by a sale approved by the state fire marshal.

(2)
The license of a manufacturer of fireworks may be geographically
relocated in accordance with division (D) of section 3743.75 of the
Revised Code.

(3)
The license is subject to revocation in accordance with section
3743.08 of the Revised Code.

(E)
The state fire marshal shall not place the license of a manufacturer
of fireworks in a temporarily inactive status while the holder of the
license is attempting to qualify to retain the license.

(F)
Each licensed manufacturer of fireworks that possesses fireworks for
sale and sells fireworks under division (C) of section 3743.04 of the
Revised Code, or a designee of the manufacturer, whose identity is
provided to the state fire marshal by the manufacturer, annually
shall attend a continuing education program. The state fire marshal
shall develop the program and the state fire marshal or a person or
public agency approved by the state fire marshal shall conduct it. A
licensed manufacturer or the manufacturer's designee who attends a
program as required under this division, within one year after
attending the program, shall conduct in-service training as approved
by the state fire marshal for other employees of the licensed
manufacturer regarding the information obtained in the program. A
licensed manufacturer shall provide the state fire marshal with
notice of the date, time, and place of all in-service training. For
any program conducted under this division, the state fire marshal
shall, in accordance with rules adopted by the state fire marshal
under Chapter 119. of the Revised Code, establish the subjects to be
taught, the length of classes, the standards for approval, and time
periods for notification by the licensee to the state fire marshal of
any in-service training.

(G)
A licensed manufacturer shall maintain comprehensive general
liability insurance coverage in the amount and type specified under
division (B)(2) of section 3743.02 of the Revised Code at all times.
Each policy of insurance required under this division shall contain a
provision requiring the insurer to give not less than fifteen days'
prior written notice to the state fire marshal before termination,
lapse, or cancellation of the policy, or any change in the policy
that reduces the coverage below the minimum required under this
division. Prior to canceling or reducing the amount of coverage of
any comprehensive general liability insurance coverage required under
this division, a licensed manufacturer shall secure supplemental
insurance in an amount and type that satisfies the requirements of
this division so that no lapse in coverage occurs at any time. A
licensed manufacturer who secures supplemental insurance shall file
evidence of the supplemental insurance with the state fire marshal
prior to canceling or reducing the amount of coverage of any
comprehensive general liability insurance coverage required under
this division.

(H)
The state fire marshal shall adopt rules for the expansion or
contraction of a licensed premises and for approval of such
expansions or contractions. The boundaries of a licensed premises,
including any geographic expansion or contraction of those
boundaries, shall be approved by the state fire marshal in accordance
with rules the state fire marshal adopts. If the licensed premises
consists of more than one parcel of real estate, those parcels shall
be contiguous unless an exception is allowed pursuant to division (I)
of this section.

(I)(1)
A licensed manufacturer may expand its licensed premises within this
state to include not more than two storage locations that are located
upon one or more real estate parcels that are noncontiguous to the
licensed premises as that licensed premises exists on the date a
licensee submits an application as described below, if all of the
following apply:

(a)
The licensee submits an application to the state fire marshal and an
application fee of one hundred dollars per storage location for which
the licensee is requesting approval.

(b)
The identity of the holder of the license remains the same at the
storage location.

(c)
The storage location has received a valid certificate of zoning
compliance as applicable and a valid certificate of occupancy for
each building or structure at the storage location issued by the
authority having jurisdiction to issue the certificate for the
storage location, and those certificates permit the distribution and
storage of fireworks regulated under this chapter at the storage
location and in the buildings or structures. The storage location
shall be in compliance with all other applicable federal, state, and
local laws and regulations.

(d)
Every building or structure located upon the storage location is
separated from occupied residential and nonresidential buildings or
structures, railroads, highways, or any other buildings or structures
on the licensed premises in accordance with the distances specified
in the rules adopted by the state fire marshal pursuant to section
3743.05 of the Revised Code.

(e)
Neither the licensee nor any person holding, owning, or controlling a
five per cent or greater beneficial or equity interest in the
licensee has been convicted of or pleaded guilty to a felony under
the laws of this state, any other state, or the United States, after
September 29, 2005.

(f)
The state fire marshal approves the application for expansion.

(2)
The state fire marshal shall approve an application for expansion
requested under division (I)(1) of this section if the state fire
marshal receives the application fee and proof that the requirements
of divisions (I)(1)(b) to (e) of this section are satisfied. The
storage location shall be considered part of the original licensed
premises and shall use the same distinct number assigned to the
original licensed premises with any additional designations as the
state fire marshal deems necessary in accordance with section 3743.03
of the Revised Code.

(J)(1)
A licensee who obtains approval for the use of a storage location in
accordance with division (I) of this section shall use the storage
location exclusively for the following activities, in accordance with
division (C) of this section:

(a)
The packaging, assembling, or storing of fireworks, which shall only
occur in buildings or structures approved for such hazardous uses by
the building code official having jurisdiction for the storage
location or, for 1.4G fireworks, in containers or trailers approved
for such hazardous uses by the state fire marshal if such containers
or trailers are not subject to regulation by the building code
adopted in accordance with Chapter 3781. of the Revised Code. All
such storage shall be in accordance with the rules adopted by the
state fire marshal under division (G) of section 3743.05 of the
Revised Code for the packaging, assembling, and storage of fireworks.

(b)
Distributing fireworks to other parcels of real estate located on the
manufacturer's licensed premises, to licensed wholesalers or other
licensed manufacturers in this state or to similarly licensed persons
located in another state or country;

(c)
Distributing fireworks to a licensed exhibitor of fireworks pursuant
to a properly issued permit in accordance with section 3743.54 of the
Revised Code.

(2)
A licensed manufacturer shall not engage in any sales activity,
including the retail sale of fireworks otherwise permitted under
division (C)(2) or (C)(3) of this section, or pursuant to section
3743.44 or 3743.45 of the Revised Code, at the storage location
approved under this section.

(3)
A storage location may not be relocated for a minimum period of five
years after the storage location is approved by the state fire
marshal in accordance with division (I) of this section.

(K)
The licensee shall prohibit public access to the storage location.
The state fire marshal shall adopt rules to describe the acceptable
measures a manufacturer shall use to prohibit access to the storage
site.

Sec.
3743.06.
In
addition to conforming to the rules of the fire marshal adopted
pursuant to section 3743.05 of the Revised Code, licensed
manufacturers of fireworks shall operate their fireworks plants in
accordance with the following:

(A)
Signs indicating that smoking is generally forbidden and trespassing
is prohibited on the premises of a fireworks plant shall be posted on
the premises in a manner determined by the fire marshal.

(B)
Reasonable precautions shall be taken to protect the premises of a
fireworks plant from trespass, loss, theft, or destruction. Only
persons employed by the manufacturer, authorized governmental
personnel, and persons who have obtained permission from a member of
the manufacturer's office to be on the premises, are to be allowed to
enter and remain on the premises.

(C)
Smoking or the carrying of pipes, cigarettes, or cigars, matches,
lighters, other flame-producing items, or open flame on, or the
carrying of a concealed source of ignition into, the premises of a
fireworks plant is prohibited, except that a manufacturer may permit
smoking in specified lunchrooms or restrooms in buildings or other
structures in which no manufacturing, handling, sales, or storage of
fireworks takes place. "NO SMOKING" signs shall be posted
on the premises as required by the fire marshal.

(D)
Fire and explosion prevention and other reasonable safety measures
and precautions shall be implemented by a manufacturer.

(E)
Persons shall not be permitted to have in their possession or under
their control, while they are on the premises of the fireworks plant,
any intoxicating liquor, beer, or controlled substance, and they
shall not be permitted to enter or remain on the premises if they are
found to be under the influence of any intoxicating liquor, beer, or
controlled substance.

(F)
A manufacturer shall conform to all building, safety, and zoning
statutes, ordinances, rules, or other enactments that apply to the
premises of its fireworks plant.

(G)
Each fireworks plant shall have at least one class 1 magazine that is
approved by the bureau of alcohol, tobacco, and firearms of the
United States department of the treasury and that is otherwise in
conformity with federal law. This division does not apply to
fireworks plants existing on or before August 3, 1931.

(H)
Awnings, tents, and canopies shall not be used as facilities for the
sale or storage of fireworks
,
except as expressly permitted by section 3743.48 of the Revised Code
.
This division does not prohibit the use of an awning or canopy
attached to a public access showroom for storing nonflammable
shopping convenience items such as shopping carts or baskets or
providing a shaded area for patrons waiting to enter the public sales
area.

(I)
Fireworks may be stored in trailers if the trailers are properly
enclosed, secured, and grounded and are separated from any structure
to which the public is admitted by a distance that will, in the fire
marshal's judgment, allow fire-fighting equipment to have full access
to the structures on the licensed premises. Such trailers may be
moved into closer proximity to any structure only to accept or
discharge cargo for a period not to exceed forty-eight hours. Only
two such trailers may be placed in such closer proximity at any one
time. At no time may trailers be used for conducting sales of any
class of fireworks, nor may members of the public have access to the
trailers.

Storage
areas for fireworks that are in the same building where fireworks are
displayed and sold to the public shall be separated from the areas to
which the public has access by an appropriately rated fire wall.

(J)
A fire suppression system as defined in section 3781.108 of the
Revised Code may be turned off only for repair, drainage of the
system to prevent damage by freezing during the period of time,
approved by the fire marshal, that the facility is closed to all
public access during winter months, or maintenance of the system. If
any repair or maintenance is necessary during times when the facility
is open for public access and business as approved by the fire
marshal, the licensed manufacturer shall notify in advance the
appropriate insurance company and fire chief or fire prevention
officer regarding the nature of the maintenance or repair and the
time when it will be performed.

(K)
If any fireworks item is removed from its original package or is
manufactured with any fuse other than a safety fuse approved by the
consumer product safety commission, then the item shall be covered
completely by repackaging or bagging or it shall otherwise be covered
so as to prevent ignition prior to sale.

(L)
A safety officer shall be present during regular business hours at a
building open to the public during the period commencing fourteen
days before, and ending two days after, each fourth day of July. The
officer shall be highly visible, enforce this chapter and any
applicable building codes to the extent the officer is authorized by
law, and be one of the following:

(1)
A deputy sheriff;

(2)
A law enforcement officer of a municipal corporation, township, or
township or joint police district;

(3)
A private uniformed security guard registered under section 4749.06
of the Revised Code.

(M)
All doors of all buildings on the licensed premises shall swing
outward.

(N)
All wholesale and commercial sales of fireworks shall be packaged,
shipped, placarded, and transported in accordance with United States
department of transportation regulations applicable to the
transportation, and the offering for transportation, of hazardous
materials. For purposes of this division, "wholesale and
commercial sales" includes all sales for resale and any
nonretail sale made in furtherance of a commercial enterprise. For
purposes of enforcement of these regulations under section 4923.99 of
the Revised Code, any sales transaction exceeding one thousand pounds
shall be rebuttably presumed to be a wholesale or commercial sale.

Sec.
3743.17.
(A)
The license of a wholesaler of fireworks is effective for one year
beginning on the first day of December, and the state fire marshal
shall issue or renew a license only on that date and at no other
time. If a wholesaler of fireworks wishes to continue engaging in the
wholesale sale of fireworks at the particular location after its then
effective license expires, it shall apply not later than the first
day of October for a new license pursuant to section 3743.15 of the
Revised Code. The state fire marshal shall send a written notice of
the expiration of its license to a licensed wholesaler at least three
months before the expiration date.

(B)
If, during the effective period of its licensure, a licensed
wholesaler of fireworks wishes to perform any construction, or make
any structural change or renovation, on the premises on which the
fireworks are sold, or to relocate its sales operations to a new
licensed premises, the wholesaler shall notify the state fire marshal
in writing. The state fire marshal may require a licensed wholesaler
also to submit documentation, including, but not limited to, plans
covering the proposed construction or structural change or
renovation, or proposed new licensed premises, if the state fire
marshal determines the documentation is necessary for evaluation
purposes in light of the proposed construction, structural change or
renovation, or relocation.

Upon
receipt of the notification and additional documentation required by
the state fire marshal, the state fire marshal shall inspect the
premises on which the fireworks are sold, or the proposed new
licensed premises, to determine if the proposed construction,
structural change or renovation, or relocation conforms to sections
3743.15 to 3743.21 of the Revised Code, divisions (C)(1) and (2) of
section 3743.25 of the Revised Code, and the rules adopted by the
state fire marshal pursuant to section 3743.18 of the Revised Code.
The state fire marshal shall issue a written authorization to the
wholesaler for the construction, structural change or renovation, or
new licensed premises if the state fire marshal determines, upon the
inspection and a review of submitted documentation, that the
construction, structural change or renovation, or new licensed
premises conform to those sections and rules.

(C)
The license of a wholesaler of fireworks authorizes the wholesaler to
engage only in the following activities:

(1)
Possess for sale at wholesale and sell at wholesale fireworks to
persons who are licensed wholesalers of fireworks, to persons in
accordance with sections 3743.44 to 3743.46 of the Revised Code, or
to persons located in another state provided the fireworks are
shipped directly out of this state to them by the wholesaler. The
possession for sale shall be at the location described in the
application for licensure or in the notification submitted under
division (B) of this section, and the sale shall be from the inside
of a licensed building and from no structure or device outside a
licensed building. At no time shall a licensed wholesaler sell any
class of fireworks outside a licensed building.

(2)
Possess for sale at retail and sell at retail fireworks, other than
1.4G fireworks as designated by the state fire marshal in rules
adopted pursuant to division (A) of section 3743.05 of the Revised
Code, to licensed exhibitors in accordance with sections 3743.50 to
3743.55 of the Revised Code, and possess for sale at retail and sell
at retail fireworks, including 1.4G fireworks, to persons in
accordance with sections 3743.44 to
3743.46

3743.48

of
the Revised Code, or to persons located in another state provided the
fireworks are shipped directly out of this state to them by the
wholesaler. The possession for sale shall be at the location
described in the application for licensure or in the notification
submitted under division (B) of this section
,

and
,
except as otherwise provided in section 3743.48 of the Revised Code,

the sale shall be from the inside of the licensed building and from
no other structure or device outside this licensed building.
At
no time shall
Except
as otherwise provided in section 3743.48 of the Revised Code,

a licensed wholesaler
shall
not
sell
any class of fireworks outside a licensed building.

A
licensed wholesaler of fireworks shall sell under division (C) of
this section only fireworks that meet the standards set by the
consumer product safety commission or by the American fireworks
standard laboratories or that have received an EX number from the
United States department of transportation.

(D)
The license of a wholesaler of fireworks shall be protected under
glass and posted in a conspicuous place at the location described in
the application for licensure or in the notification submitted under
division (B) of this section. Except as otherwise provided in this
section, the license is not transferable or assignable.

(1)
The ownership of a wholesaler of fireworks license may be transferred
to another person for the same location for which the license was
issued, or approved pursuant to division (B) of this section, if the
assets of the wholesaler are transferred to that person by
inheritance or by a sale approved by the state fire marshal.

(2)
The license of a wholesaler of fireworks may be geographically
relocated in accordance with division (D) of section 3743.75 of the
Revised Code.

(3)
The license is subject to revocation in accordance with section
3743.21 of the Revised Code.

(E)
The state fire marshal shall adopt rules for the expansion or
contraction of a licensed premises and for the approval of an
expansion or contraction. The boundaries of a licensed premises,
including any geographic expansion or contraction of those
boundaries, shall be approved by the state fire marshal in accordance
with rules the state fire marshal adopts. If the licensed premises of
a licensed wholesaler from which the wholesaler operates consists of
more than one parcel of real estate, those parcels must be
contiguous, unless an exception is allowed pursuant to division (F)
of this section.

(F)(1)
A licensed wholesaler may expand its licensed premises within this
state to include not more than two storage locations that are located
upon one or more real estate parcels that are noncontiguous to the
licensed premises as that licensed premises exists on the date a
licensee submits an application as described below, if all of the
following apply:

(a)
The licensee submits an application to the state fire marshal
requesting the expansion and an application fee of one hundred
dollars per storage location for which the licensee is requesting
approval.

(b)
The identity of the holder of the license remains the same at the
storage location.

(c)
The storage location has received a valid certificate of zoning
compliance, as applicable, and a valid certificate of occupancy for
each building or structure at the storage location issued by the
authority having jurisdiction to issue the certificate for the
storage location, and those certificates permit the distribution and
storage of fireworks regulated under this chapter at the storage
location and in the buildings or structures. The storage location
shall be in compliance with all other applicable federal, state, and
local laws and regulations.

(d)
Every building or structure located upon the storage location is
separated from occupied residential and nonresidential buildings or
structures, railroads, highways, and any other buildings or
structures on the licensed premises in accordance with the distances
specified in the rules adopted by the state fire marshal pursuant to
section 3743.18 of the Revised Code.

(e)
Neither the licensee nor any person holding, owning, or controlling a
five per cent or greater beneficial or equity interest in the
licensee has been convicted of or pleaded guilty to a felony under
the laws of this state, any other state, or the United States, after
September 29, 2005.

(f)
The state fire marshal approves the application for expansion.

(2)
The state fire marshal shall approve an application for expansion
requested under division (F)(1) of this section if the state fire
marshal receives the application fee and proof that the requirements
of divisions (F)(1)(b) to (e) of this section are satisfied. The
storage location shall be considered part of the original licensed
premises and shall use the same distinct number assigned to the
original licensed premises with any additional designations as the
state fire marshal deems necessary in accordance with section 3743.16
of the Revised Code.

(G)(1)
A licensee who obtains approval for use of a storage location in
accordance with division (F) of this section shall use the site
exclusively for the following activities, in accordance with division
(C)(1) of this section:

(a)
Packaging, assembling, or storing fireworks, which shall occur only
in buildings or structures approved for such hazardous uses by the
building code official having jurisdiction for the storage location
or, for 1.4G fireworks, in containers or trailers approved for such
hazardous uses by the state fire marshal if such containers or
trailers are not subject to regulation by the building code adopted
in accordance with Chapter 3781. of the Revised Code. All such
storage shall be in accordance with the rules adopted by the state
fire marshal under division (B)(4) of section 3743.18 of the Revised
Code for the packaging, assembling, and storage of fireworks.

(b)
Distributing fireworks to other parcels of real estate located on the
wholesaler's licensed premises, to licensed manufacturers or other
licensed wholesalers in this state or to similarly licensed persons
located in another state or country;

(c)
Distributing fireworks to a licensed exhibitor of fireworks pursuant
to a properly issued permit in accordance with section 3743.54 of the
Revised Code.

(2)
A licensed wholesaler shall not engage in any sales activity,
including the retail sale of fireworks otherwise permitted under
division (C)(2) of this section or pursuant to section 3743.44 or
3743.45 of the Revised Code, at a storage location approved under
this section.

(3)
A storage location may not be relocated for a minimum period of five
years after the storage location is approved by the state fire
marshal in accordance with division (F) of this section.

(H)
A licensee shall prohibit public access to all storage locations it
uses. The state fire marshal shall adopt rules establishing
acceptable measures a wholesaler shall use to prohibit access to
storage sites.

(I)
The state fire marshal shall not place the license of a wholesaler of
fireworks in temporarily inactive status while the holder of the
license is attempting to qualify to retain the license.

(J)
Each licensed wholesaler of fireworks or a designee of the
wholesaler, whose identity is provided to the state fire marshal by
the wholesaler, annually shall attend a continuing education program.
The state fire marshal shall develop the program and the state fire
marshal or a person or public agency approved by the state fire
marshal shall conduct it. A licensed wholesaler or the wholesaler's
designee who attends a program as required under this division,
within one year after attending the program, shall conduct in-service
training as approved by the state fire marshal for other employees of
the licensed wholesaler regarding the information obtained in the
program. A licensed wholesaler shall provide the state fire marshal
with notice of the date, time, and place of all in-service training.
For any program conducted under this division, the state fire marshal
shall, in accordance with rules adopted by the state fire marshal
under Chapter 119. of the Revised Code, establish the subjects to be
taught, the length of classes, the standards for approval, and time
periods for notification by the licensee to the state fire marshal of
any in-service training.

(K)
A licensed wholesaler shall maintain comprehensive general liability
insurance coverage in the amount and type specified under division
(B)(2) of section 3743.15 of the Revised Code at all times. Each
policy of insurance required under this division shall contain a
provision requiring the insurer to give not less than fifteen days'
prior written notice to the state fire marshal before termination,
lapse, or cancellation of the policy, or any change in the policy
that reduces the coverage below the minimum required under this
division. Prior to canceling or reducing the amount of coverage of
any comprehensive general liability insurance coverage required under
this division, a licensed wholesaler shall secure supplemental
insurance in an amount and type that satisfies the requirements of
this division so that no lapse in coverage occurs at any time. A
licensed wholesaler who secures supplemental insurance shall file
evidence of the supplemental insurance with the state fire marshal
prior to canceling or reducing the amount of coverage of any
comprehensive general liability insurance coverage required under
this division.

Sec.
3743.19.
In
addition to conforming to the rules of the fire marshal adopted
pursuant to section 3743.18 of the Revised Code, licensed wholesalers
of fireworks shall conduct their business operations in accordance
with the following:

(A)

A

Except
as otherwise provided in section 3743.48 of the Revised Code, a

wholesaler
shall conduct its business operations from the location described in
its application for licensure or in a notification submitted under
division (B) of section 3743.17 of the Revised Code.

(B)
Signs indicating that smoking is generally forbidden and trespassing
is prohibited on the premises of a wholesaler shall be posted on the
premises as determined by the fire marshal.

(C)
Reasonable precautions shall be taken to protect the premises of a
wholesaler from trespass, loss, theft, or destruction.

(D)
Smoking or the carrying of pipes, cigarettes, or cigars, matches,
lighters, other flame-producing items, or open flame on, or the
carrying of a concealed source of ignition into, the premises of a
wholesaler is prohibited, except that a wholesaler may permit smoking
in specified lunchrooms or restrooms in buildings or other structures
in which no sales, handling, or storage of fireworks takes place. "NO
SMOKING" signs shall be posted on the premises as required by
the fire marshal.

(E)
Fire and explosion prevention and other reasonable safety measures
and precautions shall be implemented by a wholesaler.

(F)
Persons shall not be permitted to have in their possession or under
their control, while they are on the premises of a wholesaler, any
intoxicating liquor, beer, or controlled substance, and they shall
not be permitted to enter or remain on the premises if they are found
to be under the influence of any intoxicating liquor, beer, or
controlled substance.

(G)
A wholesaler shall conform to all building, safety, and zoning
statutes, ordinances, rules, or other enactments that apply to its
premises.

(H)
Each building used in the sale of fireworks shall be kept open to the
public for at least four hours each day between the hours of eight
a.m. and five p.m., five days of each week, every week of the year.
Upon application from a licensed wholesaler, the fire marshal may
waive any of the requirements of this division.

(I)
Awnings, tents, or canopies shall not be used as facilities for the
storage or sale of fireworks
,
except as expressly permitted by section 3743.48 of the Revised Code
.
This division does not prohibit the use of an awning or canopy
attached to a public access showroom for storing nonflammable
shopping convenience items such as shopping carts or baskets or
providing a shaded area for patrons waiting to enter the public sales
area.

(J)
1.4G fireworks may be stored in trailers if the trailers are properly
enclosed, secured, and grounded and are separated from any structure
to which the public is admitted by a distance that will, in the fire
marshal's judgment, allow fire-fighting equipment to have full access
to the structures on the licensed premises. Such trailers may be
moved into closer proximity to any structure only to accept or
discharge cargo for a period not to exceed forty-eight hours. Only
two such trailers may be placed in such closer proximity at any one
time. At no time may trailers be used for conducting sales of any
class of fireworks nor may members of the public have access to the
trailers.

Storage
areas for fireworks that are in the same building where fireworks are
displayed and sold to the public shall be separated from the areas to
which the public has access by an appropriately rated fire wall. If
the licensee installs and properly maintains an early suppression
fast response sprinkler system or equivalent fire suppression system
as described in the fire code adopted by the fire marshal in
accordance with section 3737.82 of the Revised Code throughout the
structure, a fire barrier wall may be substituted for a fire wall
between the areas to which the public has access and the storage
portions of the structure.

(K)
A fire suppression system as defined in section 3781.108 of the
Revised Code may be turned off only for repair, drainage of the
system to prevent damage by freezing during the period of time,
approved by the fire marshal under division (I) of this section, that
the facility is closed to public access during winter months, or
maintenance of the system. If any repair or maintenance is necessary
during times when the facility is open for public access and
business, the licensed wholesaler shall notify in advance the
appropriate insurance company and fire chief or fire prevention
officer regarding the nature of the maintenance or repair and the
time when it will be performed.

(L)
If any fireworks item is removed from its original package or is
manufactured with any fuse other than a fuse approved by the consumer
product safety commission, then the item shall be covered completely
by repackaging or bagging or it shall otherwise be covered so as to
prevent ignition prior to sale.

(M)
A safety officer shall be present during regular business hours at a
building open to the public during the period commencing fourteen
days before, and ending two days after, each fourth day of July. The
officer shall be highly visible, enforce this chapter and any
applicable building codes to the extent the officer is authorized by
law, and be one of the following:

(1)
A deputy sheriff;

(2)
A law enforcement officer of a municipal corporation, township, or
township or joint police district;

(3)
A private uniformed security guard registered under section 4749.06
of the Revised Code.

(N)
All doors of all buildings on the licensed premises shall swing
outward.

(O)
All wholesale and commercial sales of fireworks shall be packaged,
shipped, placarded, and transported in accordance with United States
department of transportation regulations applicable to the
transportation, and the offering for transportation, of hazardous
materials. For purposes of this division, "wholesale and
commercial sales" includes all sales for resale and any
nonretail sale made in furtherance of a commercial enterprise. For
purposes of enforcement of these regulations under section 4923.99 of
the Revised Code, any sales transaction exceeding one thousand pounds
shall be rebuttably presumed to be a wholesale or commercial sale.

Sec.
3743.25.
(A)(1)
Except as described in division (A)(2) of this section

and
in section 3743.48 of the Revised Code
,
all retail sales of 1.4G fireworks by a licensed manufacturer or
wholesaler shall only occur from an approved retail sales showroom on
a licensed premises or from a representative sample showroom as
described in this section on a licensed premises. For the purposes of
this section, a retail sale includes the transfer of the possession
of the 1.4G fireworks from the licensed manufacturer or wholesaler to
the purchaser of the fireworks.

(2)
Sales of 1.4G fireworks to a licensed exhibitor for a properly
permitted exhibition shall occur in accordance with the provisions of
the Revised Code and rules adopted by the state fire marshal under
Chapter 119. of the Revised Code. Such rules shall specify, at a
minimum, that the licensed exhibitor holds a license under section
3743.51 of the Revised Code, that the exhibitor possesses a valid
exhibition permit issued in accordance with section 3743.54 of the
Revised Code, and that the fireworks shipped are to be used at the
specifically permitted exhibition.

(B)
All wholesale sales of fireworks by a licensed manufacturer or
wholesaler shall only occur from a licensed premises to persons who
intend to resell the fireworks purchased at wholesale. A wholesale
sale by a licensed manufacturer or wholesaler may occur as follows:

(1)
The direct sale and shipment of fireworks to a person outside of this
state;

(2)
From an approved retail sales showroom as described in this section;

(3)
From a representative sample showroom as described in this section;

(4)
By delivery of wholesale fireworks to a purchaser at a licensed
premises outside of a structure or building on that premises. All
other portions of the wholesale sales transaction may occur at any
location on a licensed premises.

(5)
Any other method as described in rules adopted by the state fire
marshal under Chapter 119. of the Revised Code.

(C)

A

Except
as otherwise provided in section 3743.48 of the Revised Code, a

licensed
manufacturer or wholesaler shall only sell 1.4G fireworks from a
representative sample showroom or a retail sales showroom. Each
licensed premises shall only contain one sales structure.

A
representative sample showroom shall consist of a structure
constructed and maintained in accordance with the nonresidential
building code adopted under Chapter 3781. of the Revised Code and the
fire code adopted under section 3737.82 of the Revised Code for a use
and occupancy group that permits mercantile sales. A representative
sample showroom shall not contain any pyrotechnics, pyrotechnic
materials, fireworks, explosives, explosive materials, or any similar
hazardous materials or substances. A representative sample showroom
shall be used only for the public viewing of fireworks product
representations, including paper materials, packaging materials,
catalogs, photographs, or other similar product depictions. The
delivery of product to a purchaser of fireworks at a licensed
premises that has a representative sample structure shall not occur
inside any structure on a licensed premises. Such product delivery
shall occur on the licensed premises in a manner prescribed by rules
adopted by the state fire marshal pursuant to Chapter 119. of the
Revised Code.

If
a manufacturer or wholesaler elects to conduct sales from a retail
sales showroom, the showroom structures, to which the public may have
any access and in which employees are required to work, on all
licensed premises, shall comply with the following safety
requirements:

(1)
A fireworks showroom that is constructed or upon which expansion is
undertaken on and after June 30, 1997, shall be equipped with
interlinked fire detection, fire suppression, smoke exhaust, and
smoke evacuation systems that are approved by the superintendent of
industrial compliance in the department of commerce.

(2)(a)
A fireworks showroom that first begins to operate on or after June
30, 1997, or that resumes operations at any time after a period of
inactive status of licensure greater than one year, and to which the
public has access for retail purposes shall not exceed seven thousand
five hundred square feet in floor area.

(b)
A fireworks showroom that, through construction of a new showroom,
expansion of an existing showroom, or similar means, first exceeds
five thousand square feet, to which the public has access for retail
purposes, after
the
effective date of this amendment
February
7, 2022,
shall
be equipped with a sprinkler system that meets the criteria for
sprinkler systems in extra hazard (group 2) occupancies under "NFPA
13, Standard for the Installation of Sprinkler Systems (2019
Edition)."

(c)
Notwithstanding division (D) of this section, the state fire marshal
may provide a variance to the requirements of division (C)(2)(b) of
this section pursuant to section 3743.59 of the Revised Code for a
sprinkler system that matches or exceeds the degree of safety
provided by a sprinkler system that meets the criteria for sprinkler
systems in extra hazard (group 2) occupancies under "NFPA 13,
Standard for the Installation of Sprinkler Systems (2019 Edition)."

(3)
A newly constructed or an existing fireworks showroom structure that
exists on September 23, 2008, but that, on or after September 23,
2008, is altered or added to in a manner requiring the submission of
plans, drawings, specifications, or data pursuant to section 3791.04
of the Revised Code, shall comply with a graphic floor plan layout
that is approved by the state fire marshal and superintendent showing
width of aisles, parallel arrangement of aisles to exits, number of
exits per wall, maximum occupancy load, evacuation plan for
occupants, height of storage or display of merchandise, and other
information as may be required by the state fire marshal and
superintendent.

(4)
A fireworks showroom structure that exists on June 30, 1997, shall be
in compliance on or after June 30, 1997, with floor plans showing
occupancy load limits and internal circulation and egress patterns
that are approved by the state fire marshal and superintendent, and
that are submitted under seal as required by section 3791.04 of the
Revised Code.

(D)
The safety requirements established in division (C) of this section
are not subject to any variance, waiver, or exclusion pursuant to
this chapter or any applicable building code.

Sec.
3743.48.
(A)
For the purposes of this section, "online sale" means a
retail sale through an internet web site or other digital platform.

(B)
A licensed manufacturer or licensed wholesaler may conduct online
sales of 1.4G fireworks in accordance with this section. A licensed
manufacturer or licensed wholesaler shall ensure that all selection,
ordering, payment, and delivery is carried out in accordance with the
procedures and requirements of this chapter and all rules adopted
thereunder, except to the extent that those procedures, requirements,
and rules directly conflict with this section.

(C)
Each online sale of 1.4G fireworks shall be specifically associated
with a single licensed manufacturer or licensed wholesaler,
identified by license identification number and the address of the
licensed premises. A licensed manufacturer or licensed wholesaler
shall transfer possession of 1.4G fireworks purchased in an online
sale only in the retail showroom of the licensed premises or via
curbside delivery made in accordance with all of the following:

(1)
The delivery is made to the verified purchaser of the 1.4G fireworks.

(2)
The delivery occurs on the licensed premises associated with sale.

(3)
The delivery occurs in a designated customer pick-up zone which may
be accessible by motor vehicles.

(4)
The purchaser is provided a safety pamphlet, in accordance with
section 3743.47 of the Revised Code, at the point of delivery.

(5)
The purchaser is offered safety glasses for a nominal fee at the
point of delivery in accordance section 3743.47 of the Revised Code.

(D)
A licensed manufacturer or licensed wholesaler may construct a tent
or other temporary structure on a licensed premises to provide
shelter for employees and purchasers at the point of curbside
delivery, provided that such structures are approved by the state
fire marshal and are in compliance with all state and local laws,
including the state building code, the state fire code, and any
applicable zoning requirements.

(E)
A licensed manufacturer or licensed wholesaler shall not transfer
possession of 1.4G fireworks purchased in an online sale to any
person other than the verified purchaser. Before transferring
possession, the licensed manufacturer or licensed wholesaler shall
verify all of the following:

(1)
The number and types of items included in the order;

(2)
That the purchaser is at least eighteen years of age;

(3)
That the purchaser's name is the same name associated with the credit
or debit card with which the order was placed;

(4)
That the purchaser attests to understanding and agrees to comply with
all applicable federal, state, and local laws regarding consumer
fireworks storage and use;

(5)
That the purchaser signs all forms required by law;

(6)
That the purchaser pays the fee imposed by section 3743.22 of the
Revised Code.

(F)
A licensed manufacturer or licensed wholesaler that conducts online
sales of 1.4G fireworks shall do all of the following:

(1)
Comply with all applicable state and local laws, including the state
building code, state fire code, and zoning requirements;

(2)
Implement reasonable traffic control measures for curbside
deliveries;

(3)
Maintain all regular fireworks sales records, including any records
necessary to demonstrate compliance with this section, and make those
records available upon request of the state fire marshal or any law
enforcement officer, fire code official, or building code official
with jurisdiction.

(G)
A licensed manufacturer or licensed wholesaler shall not do any of
the following:

(1)
Deliver fireworks via mail order, parcel service, or any other
delivery process that occurs outside of the licensed premises;

(2)
Sell or offer for sale fireworks or other items outside of the
licensed retail showroom except as expressly authorized by this
section;

(3)
Display fireworks for sale outside of a retail showroom;

(4)
Permit any member of the public to access any areas on the licensed
premises other than the retail showroom and the designated area for
curbside delivery.

(H)
Nothing in this section shall be construed to do any of the
following:

(1)
Reduce, waive, or otherwise eliminate any licensure or safety
requirements in this chapter or the rules adopted thereunder;

(2)
Exempt any retail sales of 1.4G fireworks from the fee imposed by
section 3743.22 of the Revised Code;

(3)
Reduce, waive, or otherwise eliminate any of a licensed
manufacturer's or licensed wholesaler's liability, insurance, workers
compensation, or other legal obligations.

(I)(1)
A licensed wholesaler or licensed manufacturer is not required to
conduct online sales of fireworks.

(2)
A licensed wholesaler or licensed manufacturer may implement a hybrid
firework purchase and delivery system composed of one or more of the
following:

(a)
Standard retail showroom sales;

(b)
Online selection of, or payment for, 1.4G fireworks products and
in-store showroom delivery of those products;

(c)
Online selection of, or payment for, 1.4G fireworks products and
curb-side delivery of those products;

(d)
Retail showroom-based product selection and payment, and curb-side
delivery of those products;

(e)
Other similar purchase and delivery systems approved in writing by
the state fire marshal in accordance with division (J) of this
section.

(J)
A licensed wholesaler or licensed manufacturer may submit to the
state fire marshal proposals for alternative 1.4G firework purchase
and delivery systems that satisfy the requirements of this section.
The state fire marshal shall review each such proposal and, if the
alternative firework purchase and delivery system satisfies the
requirements of this section, may approve that firework purchase and
delivery system for use by the licensed wholesaler or licensed
manufacturer.

(K)
This section does not apply to 1.3G fireworks or wholesale sales.

(L)
The state fire marshal shall adopt rules and standards in accordance
with Chapter 119. of the Revised Code as necessary to implement and
enforce this section.

Sec.
3743.60.
(A)
No person shall manufacture fireworks in this state unless it is a
licensed manufacturer of fireworks, and no person shall operate a
fireworks plant in this state unless it has been issued a license as
a manufacturer of fireworks for the particular fireworks plant.

(B)
No person shall operate a fireworks plant in this state after its
license as a manufacturer of fireworks for the particular fireworks
plant has expired, is suspended, has been denied renewal, or has been
revoked, unless a new license has been obtained or the suspension
lifted.

(C)
No licensed manufacturer of fireworks, during the effective period of
its licensure, shall construct, locate, or relocate any buildings or
other structures on the premises of its fireworks plant, make any
structural change or renovation in any building or other structure on
the premises of its fireworks plant, or change the nature of its
manufacturing of fireworks so as to include the processing of
fireworks without first obtaining a written authorization from the
state fire marshal pursuant to division (B) of section 3743.04 of the
Revised Code.

(D)
No licensed manufacturer of fireworks shall manufacture fireworks,
possess fireworks for sale at wholesale or retail, or sell fireworks
at wholesale or retail, in a manner not authorized by division (C) of
section 3743.04 of the Revised Code.

(E)
No licensed manufacturer of fireworks shall knowingly fail to comply
with the rules adopted by the state fire marshal pursuant to
section

sections

3743.05

and
3743.48

of the Revised Code or the requirements of
section

sections

3743.06

and
3743.48

of the Revised Code.

(F)
No licensed manufacturer of fireworks shall fail to maintain complete
inventory, wholesale sale, and retail records as required by section
3743.07 of the Revised Code, or to permit inspection of these records
or the premises of a fireworks plant pursuant to section 3743.08 of
the Revised Code.

(G)
No licensed manufacturer of fireworks shall fail to comply with an
order of the state fire marshal issued pursuant to division (B)(1) of
section 3743.08 of the Revised Code, within the specified period of
time.

(H)
No licensed manufacturer of fireworks shall fail to comply with an
order of the state fire marshal issued pursuant to division (B)(2) of
section 3743.08 of the Revised Code until the nonconformities are
eliminated, corrected, or otherwise remedied or the seventy-two hour
period specified in that division has expired, whichever first
occurs.

(I)
No person shall smoke or shall carry a pipe, cigarette, or cigar, or
a match, lighter, other flame-producing item, or open flame on, or
shall carry a concealed source of ignition into, the premises of a
fireworks plant, except as smoking is authorized in specified
lunchrooms or restrooms by a manufacturer pursuant to division (C) of
section 3743.06 of the Revised Code.

(J)
No person shall have possession or control of, or be under the
influence of, any intoxicating liquor, beer, or controlled substance,
while on the premises of a fireworks plant.

(K)
No licensed manufacturer of fireworks shall negligently fail to
furnish a safety pamphlet to a purchaser of 1.4G fireworks as
required by division (A) of section 3743.47 of the Revised Code.

(L)
No licensed manufacturer of fireworks shall negligently fail to have
safety glasses available for sale as required by division (B) of
section 3743.47 of the Revised Code.

Sec.
3743.61.
(A)
No person, except a licensed manufacturer of fireworks engaging in
the wholesale sale of fireworks as authorized by division (C)(2) of
section 3743.04 of the Revised Code, shall operate as a wholesaler of
fireworks in this state unless it is a licensed wholesaler of
fireworks, or shall operate as a wholesaler of fireworks at any
location in this state unless it has been issued a license as a
wholesaler of fireworks for the particular location.

(B)
No person shall operate as a wholesaler of fireworks at a particular
location in this state after its license as a wholesaler of fireworks
for the particular location has expired, is suspended, has been
denied renewal, or has been revoked, unless a new license has been
obtained or the suspension lifted.

(C)
No licensed wholesaler of fireworks, during the effective period of
its licensure, shall perform any construction, or make any structural
change or renovation, on the premises on which the fireworks are sold
without first obtaining a written authorization from the state fire
marshal pursuant to division (B) of section 3743.17 of the Revised
Code.

(D)
No licensed wholesaler of fireworks shall possess fireworks for sale
at wholesale or retail, or sell fireworks at wholesale or retail, in
a manner not authorized by division (C) of section 3743.17 of the
Revised Code.

(E)
No licensed wholesaler of fireworks shall knowingly fail to comply
with the rules adopted by the state fire marshal pursuant to
section

sections

3743.18

and
3743.48

or the requirements of
section

sections

3743.19

and
3743.48

of the Revised Code.

(F)
No licensed wholesaler of fireworks shall fail to maintain complete
inventory, wholesale sale, and retail records as required by section
3743.20 of the Revised Code, or to permit inspection of these records
or the premises of the wholesaler pursuant to section 3743.21 of the
Revised Code.

(G)
No licensed wholesaler of fireworks shall fail to comply with an
order of the state fire marshal issued pursuant to division (B)(1) of
section 3743.21 of the Revised Code, within the specified period of
time.

(H)
No licensed wholesaler of fireworks shall fail to comply with an
order of the state fire marshal issued pursuant to division (B)(2) of
section 3743.21 of the Revised Code until the nonconformities are
eliminated, corrected, or otherwise remedied or the seventy-two hour
period specified in that division has expired, whichever first
occurs.

(I)
No person shall smoke or shall carry a pipe, cigarette, or cigar, or
a match, lighter, other flame-producing item, or open flame on, or
shall carry a concealed source of ignition into, the premises of a
wholesaler of fireworks, except as smoking is authorized in specified
lunchrooms or restrooms by a wholesaler pursuant to division (D) of
section 3743.19 of the Revised Code.

(J)
No person shall have possession or control of, or be under the
influence of, any intoxicating liquor, beer, or controlled substance,
while on the premises of a wholesaler of fireworks.

(K)
No licensed wholesaler of fireworks shall negligently fail to furnish
a safety pamphlet to a purchaser of 1.4G fireworks as required by
division (A) of section 3743.47 of the Revised Code.

(L)
No licensed wholesaler of fireworks shall negligently fail to have
safety glasses available for sale as required by division (B) of
section 3743.47 of the Revised Code.

Sec.
3743.63.
(A)
No person who purchases fireworks in this state shall obtain
possession of the fireworks in this state unless the person complies
with sections 3743.44 to
3743.46
3743.48

of the Revised Code.

(B)
Except for the purchase of 1.4G fireworks made under section 3743.45
of the Revised Code, no person who resides in another state and who
purchases fireworks in this state shall obtain possession of
fireworks in this state other than from a licensed manufacturer or
wholesaler, or fail, when transporting 1.3G fireworks, to transport
them directly out of this state within seventy-two hours after the
time of their purchase.

(C)
No person who purchases fireworks in this state under section 3743.45
of the Revised Code shall give or sell to any other person in this
state fireworks that the person has acquired in this state.

Sec.
3743.65.
(A)
No person shall possess fireworks in this state or shall possess for
sale or sell fireworks in this state, except a licensed manufacturer
of fireworks as authorized by sections 3743.02 to 3743.08
and
3743.48
of
the Revised Code, a licensed wholesaler of fireworks as authorized by
sections 3743.15 to 3743.21
and
3743.48
of
the Revised Code, a shipping permit holder as authorized by section
3743.40 of the Revised Code, a licensed fountain device retailer as
authorized by section 3743.27 of the Revised Code, a person as
authorized by sections 3743.44

and

,

3743.45
,
and 3743.48

of the Revised Code, or a licensed exhibitor of fireworks as
authorized by sections 3743.50 to 3743.55 of the Revised Code, and
except as provided in section 3743.80 of the Revised Code.

(B)
Except as provided in sections 3743.45 and 3743.80 of the Revised
Code and except for licensed exhibitors of fireworks authorized to
conduct a fireworks exhibition pursuant to sections 3743.50 to
3743.55 of the Revised Code, no person shall discharge, ignite, or
explode any fireworks in this state.

(C)
No person shall use in a theater or public hall, what is technically
known as fireworks showers, or a mixture containing potassium
chlorate and sulphur.

(D)
No person shall sell fireworks of any kind to a person under eighteen
years of age. No person under eighteen years of age shall enter a
fireworks sales showroom unless that person is accompanied by a
parent, legal guardian, or other responsible adult. No person under
eighteen years of age shall touch or possess fireworks on a licensed
premises without the consent of the licensee. A licensee may eject
any person from a licensed premises that is in any way disruptive to
the safe operation of the premises.

(E)
Except as otherwise provided in section 3743.44 of the Revised Code,
no person, other than a licensed manufacturer, licensed wholesaler,
licensed exhibitor, or shipping permit holder, shall possess 1.3G
fireworks in this state.

(F)
Except as otherwise provided in division (J) of section 3743.06 and
division (K) of section 3743.19 of the Revised Code, no person shall
knowingly disable a fire suppression system as defined in section
3781.108 of the Revised Code on the premises of a fireworks plant of
a licensed manufacturer of fireworks or on the premises of the
business operations of a licensed wholesaler of fireworks.

(G)
No person shall negligently discharge, ignite, or explode fireworks
while in possession or control of, or under the influence of, any
intoxicating liquor, beer, or controlled substance.

(H)
No person shall negligently discharge, ignite, or explode fireworks
on the property of another person without that person's permission to
use fireworks on that property.

Sec.
3745.11.
(A)
Applicants for and holders of permits, licenses, variances, plan
approvals, and certifications issued by the director of environmental
protection pursuant to Chapters 3704., 3734., 6109., and 6111. of the
Revised Code shall pay a fee to the environmental protection agency
for each such issuance and each application for an issuance as
provided by this section. No fee shall be charged for any issuance
for which no application has been submitted to the director.

(B)
Except as otherwise provided in division (C)(2) of this section,
beginning July 1, 1994, each person who owns or operates an air
contaminant source and who is required to apply for and obtain a
Title V permit under section 3704.036 of the Revised Code shall pay

an
annual fee of five thousand dollars in addition to
the
fees set forth in this division. For the purposes of this division,
total emissions of air contaminants may be calculated using
engineering calculations, emissions factors, material balance
calculations, or performance testing procedures, as authorized by the
director.

The
following fees shall be assessed on the total actual emissions from a
source in tons per year of the regulated pollutants particulate
matter, sulfur dioxide, nitrogen oxides, organic compounds, and lead:

(1)
Fifteen dollars per ton on the total actual emissions of each such
regulated pollutant during the period July through December 1993, to
be collected no sooner than July 1, 1994;

(2)
Twenty dollars per ton on the total actual emissions of each such
regulated pollutant during calendar year 1994, to be collected no
sooner than April 15, 1995;

(3)
Twenty-five dollars per ton on the total actual emissions of each
such regulated pollutant in calendar year 1995, and each subsequent
calendar year, to be collected no sooner than the fifteenth day of
April of the year next succeeding the calendar year in which the
emissions occurred.

The
fees levied under this division do not apply to that portion of the
emissions of a regulated pollutant at a facility that exceed four
thousand tons during a calendar year.

(C)(1)
The fees assessed under division (B) of this section are for the
purpose of providing funding for the Title V permit program.

(2)
The fees assessed under division (B) of this section do not apply to
emissions from any electric generating unit designated as a Phase I
unit under Title IV of the federal Clean Air Act prior to calendar
year 2000. Those fees shall be assessed on the emissions from such a
generating unit commencing in calendar year 2001 based upon the total
actual emissions from the generating unit during calendar year 2000
and shall continue to be assessed each subsequent calendar year based
on the total actual emissions from the generating unit during the
preceding calendar year.

(3)
The director shall issue invoices to owners or operators of air
contaminant sources who are required to pay a fee assessed under
division (B) or (D) of this section. Any such invoice shall be issued
no sooner than the applicable date when the fee first may be
collected in a year under the applicable division, shall identify the
nature and amount of the fee assessed, and shall indicate that the
fee is required to be paid within thirty days after the issuance of
the invoice.

(D)(1)
Except as provided in division (D)(2) of this section, beginning
January 1, 2004, each person who owns or operates an air contaminant
source; who is required to apply for a permit to operate pursuant to
rules adopted under division (G), or a variance pursuant to division
(H), of section 3704.03 of the Revised Code; and who is not required
to apply for and obtain a Title V permit under section 3704.03 of the
Revised Code shall pay a single fee based upon the sum of the actual
annual emissions from the facility of the regulated pollutants
particulate matter, sulfur dioxide, nitrogen oxides, organic
compounds, and lead in accordance with the following schedule:

1

2

A

Total
tons per year

of
regulated pollutants

emitted

Annual
fee

per
facility

B

More
than 0, but less than 10

$100

C

10
or more, but less than 50

200

D

50
or more, but less than 100

300

E

100
or more

700

(2)(a)
As used in division (D) of this section, "synthetic minor
facility" means a facility for which one or more permits to
install or permits to operate have been issued for the air
contaminant sources at the facility that include terms and conditions
that lower the facility's potential to emit air contaminants below
the major source thresholds established in rules adopted under
section 3704.036 of the Revised Code.

(b)

Beginning
January 1, 2000, through June 30, 2026
Through
June 30, 2028
,
each person who owns or operates a synthetic minor facility

shall
pay an annual fee
of
five thousand dollars in addition to a fee
based
on the sum of the actual annual emissions from the facility of
particulate matter, sulfur dioxide, nitrogen dioxide, organic
compounds, and lead in accordance with the following schedule:

1

2

A

Combined
total tons

per
year of all regulated

pollutants
emitted

Annual
fee per facility

B

Less
than 10

$170

$255

C

10
or more, but less than 20

340
510

D

20
or more, but less than 30

670
1,005

E

30
or more, but less than 40

1,010
1,515

F

40
or more, but less than 50

1,340
2,010

G

50
or more, but less than 60

1,680
2,520

H

60
or more, but less than 70

2,010
3,015

I

70
or more, but less than 80

2,350
3,525

J

80
or more, but less than 90

2,680
4,020

K

90
or more, but less than 100

3,020
4,530

L

100
or more

3,350
5,025

(3)
The fees assessed under division (D)(1) of this section shall be
collected annually no sooner than the fifteenth day of April,
commencing in 2005. The fees assessed under division (D)(2) of this
section shall be collected no sooner than the fifteenth day of April,
commencing in 2000. The fees assessed under division (D) of this
section in a calendar year shall be based upon the sum of the actual
emissions of those regulated pollutants during the preceding calendar
year. For the purpose of division (D) of this section, emissions of
air contaminants may be calculated using engineering calculations,
emission factors, material balance calculations, or performance
testing procedures, as authorized by the director. The director, by
rule, may require persons who are required to pay the fees assessed
under division (D) of this section to pay those fees biennially
rather than annually.

(E)(1)
Consistent with the need to cover the reasonable costs of the Title V
permit program, the director annually shall increase the fees

assessed
on emissions
prescribed
in division (B) of this section by the percentage, if any, by which
the consumer price index for the most recent calendar year ending
before the beginning of a year exceeds the consumer price index for
calendar year 1989. Upon calculating an increase in fees authorized
by division (E)(1) of this section, the director shall compile
revised fee schedules for the purposes of division (B) of this
section and shall make the revised schedules available to persons
required to pay the fees assessed under that division and to the
public.

(2)
For the purposes of division (E)(1) of this section:

(a)
The consumer price index for any year is the average of the consumer
price index for all urban consumers published by the United States
department of labor as of the close of the twelve-month period ending
on the thirty-first day of August of that year.

(b)
If the 1989 consumer price index is revised, the director shall use
the revision of the consumer price index that is most consistent with
that for calendar year 1989.

(F)
Each person who is issued a permit to install pursuant to rules
adopted under division (F) of section 3704.03 of the Revised Code on
or after July 1, 2003, shall pay the fees specified in the following
schedules:

(1)
Fuel-burning equipment (boilers, furnaces, or process heaters used in
the process of burning fuel for the primary purpose of producing heat
or power by indirect heat transfer)

1

2

A

Input
capacity (maximum)

(million
British thermal units per hour)

Permit
to install

B

Greater
than 0, but less than 10

$200

$300

C

10
or more, but less than 100

400
600

D

100
or more, but less than 300

1000
1,500

E

300
or more, but less than 500

2250
3,375

F

500
or more, but less than 1000

3750
5,625

G

1000
or more, but less than 5000

6000
9,000

H

5000
or more

9000
13,500

Units
burning exclusively natural gas, number two fuel oil, or both shall
be assessed a fee that is one-half the applicable amount shown in
division (F)(1) of this section.

(2)
Combustion turbines and stationary internal combustion engines
designed to generate electricity

1

2

A

Generating
capacity (mega watts)

Permit
to install

B

0
or more, but less than 10

$25

$37.50

C

10
or more, but less than 25

150
225

D

25
or more, but less than 50

300
450

E

50
or more, but less than 100

500
750

F

100
or more, but less than 250

1000
1,500

G

250
or more

2000
3,000

(3)
Incinerators

1

2

A

Input
capacity (pounds per hour)

Permit
to install

B

0
to 100

$100

$150

C

101
to 500

500
750

D

501
to 2000

1000
1,500

E

2001
to 20,000

1500
2,250

F

more
than 20,000

3750
5,625

(4)(a)
Process

1

2

A

Process
weight rate (pounds per hour)

Permit
to install

B

0
to 1000

$200

$300

C

1001
to 5000

500
750

D

5001
to 10,000

750
1,125

E

10,001
to 50,000

1000
1,500

F

more
than 50,000

1250
1,875

In
any process where process weight rate cannot be ascertained, the
minimum fee shall be assessed. A boiler, furnace, combustion turbine,
stationary internal combustion engine, or process heater designed to
provide direct heat or power to a process not designed to generate
electricity shall be assessed a fee established in division (F)(4)(a)
of this section. A combustion turbine or stationary internal
combustion engine designed to generate electricity shall be assessed
a fee established in division (F)(2) of this section.

(b)
Notwithstanding division (F)(4)(a) of this section, any person issued
a permit to install pursuant to rules adopted under division (F) of
section 3704.03 of the Revised Code shall pay the fees set forth in
division (F)(4)(c) of this section for a process used in any of the
following industries, as identified by the applicable two-digit,
three-digit, or four-digit standard industrial classification code
according to the Standard Industrial Classification Manual published
by the United States office of management and budget in the executive
office of the president, 1987, as revised:

Major
group 10, metal mining;

Major
group 12, coal mining;

Major
group 14, mining and quarrying of nonmetallic minerals;

Industry
group 204, grain mill products;

2873
Nitrogen fertilizers;

2874
Phosphatic fertilizers;

3281
Cut stone and stone products;

3295
Minerals and earth, ground or otherwise treated;

4221
Grain elevators (storage only);

5159
Farm related raw materials;

5261
Retail nurseries and lawn and garden supply stores.

(c)
The fees set forth in the following schedule apply to the issuance of
a permit to install pursuant to rules adopted under division (F) of
section 3704.03 of the Revised Code for a process identified in
division (F)(4)(b) of this section:

1

2

A

Process
weight rate (pounds per hour)

Permit
to install

B

0
to 10,000

$200

$300

C

10,001
to 50,000

400
600

D

50,001
to 100,000

500
750

E

100,001
to 200,000

600
900

F

200,001
to 400,000

750
1,125

G

400,001
or more

900
1,350

(5)
Storage tanks

1

2

A

Gallons
(maximum useful capacity)

Permit
to install

B

0
to 20,000

$100

$150

C

20,001
to 40,000

150
225

D

40,001
to 100,000

250
375

E

100,001
to 500,000

400
600

F

500,001
or greater

750
1,125

(6)
Gasoline/fuel dispensing facilities

1

2

A

For
each gasoline/fuel dispensing facility (includes all units at the
facility)

Permit
to install

$100
$150

(7)
Dry cleaning facilities

1

2

A

For
each dry cleaning facility (includes all units at the facility)

Permit
to install

$100
$150

(8)
Registration status

1

2

A

For
each source covered by registration status

Permit
to install

$75
$112.50

(G)
An owner or operator who is responsible for an asbestos demolition or
renovation project pursuant to rules adopted under section 3704.03 of
the Revised Code shall pay, upon submitting a notification pursuant
to rules adopted under that section, the fees set forth in the
following schedule:

1

2

A

Action

Fee

B

Each
notification

$75

C

Asbestos
removal

$3/unit

D

Asbestos
cleanup

$4/cubic
yard

For
purposes of this division, "unit" means any combination of
linear feet or square feet equal to fifty.

(H)
A person who is issued an extension of time for a permit to install
an air contaminant source pursuant to rules adopted under division
(F) of section 3704.03 of the Revised Code shall pay a fee equal to
one-half the fee originally assessed for the permit to install under
this section, except that the fee for such an extension shall not
exceed two hundred dollars.

(I)
A person who is issued a modification to a permit to install an air
contaminant source pursuant to rules adopted under section 3704.03 of
the Revised Code shall pay a fee equal to one-half of the fee that
would be assessed under this section to obtain a permit to install
the source. The fee assessed by this division only applies to
modifications that are initiated by the owner or operator of the
source and shall not exceed two thousand dollars.

(J)
Notwithstanding division (F) of this section, a person who applies
for or obtains a permit to install pursuant to rules adopted under
division (F) of section 3704.03 of the Revised Code after the date
actual construction of the source began shall pay a fee for the
permit to install that is equal to twice the fee that otherwise would
be assessed under the applicable division unless the applicant
received authorization to begin construction under division (W) of
section 3704.03 of the Revised Code. This division only applies to
sources for which actual construction of the source begins on or
after July 1, 1993. The imposition or payment of the fee established
in this division does not preclude the director from taking any
administrative or judicial enforcement action under this chapter,
Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a rule
adopted under any of them, in connection with a violation of rules
adopted under division (F) of section 3704.03 of the Revised Code.

As
used in this division, "actual construction of the source"
means the initiation of physical on-site construction activities in
connection with improvements to the source that are permanent in
nature, including, without limitation, the installation of building
supports and foundations and the laying of underground pipework.

(K)(1)
Money received under division (B) of this section shall be deposited
in the state treasury to the credit of the Title V clean air fund
created in section 3704.035 of the Revised Code. Annually, not more
than fifty cents per ton of each fee assessed under division (B) of
this section on actual emissions from a source and received by the
environmental protection agency pursuant to that division may be
transferred by the director using an interstate transfer voucher to
the state treasury to the credit of the small business assistance
fund created in section 3706.19 of the Revised Code. In addition,
annually, the amount of money necessary for the operation of the
office of ombudsperson as determined under division (B) of that
section shall be transferred to the state treasury to the credit of
the small business ombudsperson fund created by that section.

(2)
Money received by the agency pursuant to divisions (D), (F), (G),
(H), (I), and (J) of this section shall be deposited in the state
treasury to the credit of the non-Title V clean air fund created in
section 3704.035 of the Revised Code.

(L)(1)
A person applying for a plan approval for a wastewater treatment
works pursuant to section 6111.44, 6111.45, or 6111.46 of the Revised
Code shall pay a nonrefundable fee of one hundred dollars plus
sixty-five one-hundredths of one per cent of the estimated project
cost through June 30,
2026
2028
,
and a nonrefundable application fee of one hundred dollars plus
two-tenths of one per cent of the estimated project cost on and after
July 1,
2026
2028
,
except that the total fee shall not exceed fifteen thousand dollars
through June 30,
2026
2028
,
and five thousand dollars on and after July 1,
2026
2028
.
The fee shall be paid at the time the application is submitted.

(2)
A person who has entered into an agreement with the director under
section 6111.14 of the Revised Code shall pay an administrative
service fee for each plan submitted under that section for approval
that shall not exceed the minimum amount necessary to pay
administrative costs directly attributable to processing plan
approvals. The director annually shall calculate the fee and shall
notify all persons who have entered into agreements under that
section, or who have applied for agreements, of the amount of the
fee.

(3)(a)(i)
Not later than January 30,
2024
2026
,
and January 30,
2025
2027
,
a person holding an NPDES discharge permit issued pursuant to Chapter
6111. of the Revised Code with an average daily discharge flow of
five thousand gallons or more shall pay a nonrefundable annual
discharge fee. Any person who fails to pay the fee at that time shall
pay an additional amount that equals ten per cent of the required
annual discharge fee.

(ii)
The billing year for the annual discharge fee established in division
(L)(3)(a)(i) of this section shall consist of a twelve-month period
beginning on the first day of January of the year preceding the date
when the annual discharge fee is due. In the case of an existing
source that permanently ceases to discharge during a billing year,
the director shall reduce the annual discharge fee, including the
surcharge applicable to certain industrial facilities pursuant to
division (L)(3)(c) of this section, by one-twelfth for each full
month during the billing year that the source was not discharging,
but only if the person holding the NPDES discharge permit for the
source notifies the director in writing, not later than the first day
of October of the billing year, of the circumstances causing the
cessation of discharge.

(iii)
The annual discharge fee established in division (L)(3)(a)(i) of this
section, except for the surcharge applicable to certain industrial
facilities pursuant to division (L)(3)(c) of this section, shall be
based upon the average daily discharge flow in gallons per day
calculated using first day of May through thirty-first day of October
flow data for the period two years prior to the date on which the fee
is due. In the case of NPDES discharge permits for new sources, the
fee shall be calculated using the average daily design flow of the
facility until actual average daily discharge flow values are
available for the time period specified in division (L)(3)(a)(iii) of
this section. The annual discharge fee may be prorated for a new
source as described in division (L)(3)(a)(ii) of this section.

(b)(i)
An NPDES permit holder that is a public discharger shall pay the fee
specified in the following schedule:

1

2

A

Average
daily discharge flow

Fee
due by January 30,
2024
2026
,
and January 30,
2025
2027

B

5,000
to 49,999

$200

C

50,000
to 100,000

500

D

100,001
to 250,000

1,050

E

250,001
to 1,000,000

2,600

F

1,000,001
to 5,000,000

5,200

G

5,000,001
to 10,000,000

10,350

H

10,000,001
to 20,000,000

15,550

I

20,000,001
to 50,000,000

25,900

J

50,000,001
to 100,000,000

41,400

K

100,000,001
or more

62,100

(ii)
Public dischargers owning or operating two or more publicly owned
treatment works serving the same political subdivision, as "treatment
works" is defined in section 6111.01 of the Revised Code, and
that serve exclusively political subdivisions having a population of
fewer than one hundred thousand persons shall pay an annual discharge
fee under division (L)(3)(b)(i) of this section that is based on the
combined average daily discharge flow of the treatment works.

(c)(i)
An NPDES permit holder that is an industrial discharger, other than a
coal mining operator identified by P in the third character of the
permittee's NPDES permit number, shall pay the fee specified in the
following schedule:

1

2

A

Average
daily discharge flow

Fee
due by January 30,
2024
2026
,
and January 30,
2025
2027

B

5,000
to 49,999

$250

C

50,000
to 250,000

1,200

D

250,001
to 1,000,000

2,950

E

1,000,001
to 5,000,000

5,850

F

5,000,001
to 10,000,000

8,800

G

10,000,001
to 20,000,000

11,700

H

20,000,001
to 100,000,000

14,050

I

100,000,001
to 250,000,000

16,400

J

250,000,001
or more

18,700

(ii)
In addition to the fee specified in the above schedule, an NPDES
permit holder that is an industrial discharger classified as a major
discharger during all or part of the annual discharge fee billing
year specified in division (L)(3)(a)(ii) of this section shall pay a
nonrefundable annual surcharge of seven thousand five hundred dollars
not later than January 30,
2024
2026
,
and not later than January 30,
2025
2027
.
Any person who fails to pay the surcharge at that time shall pay an
additional amount that equals ten per cent of the amount of the
surcharge.

(d)
Notwithstanding divisions (L)(3)(b) and (c) of this section, a public
discharger, that is not a separate municipal storm sewer system,
identified by I in the third character of the permittee's NPDES
permit number and an industrial discharger identified by I, J, L, V,
W, X, Y, or Z in the third character of the permittee's NPDES permit
number shall pay a nonrefundable annual discharge fee of one hundred
eighty dollars not later than January 30,

2024

2026
,
and not later than January 30,
2025
2027
.
Any person who fails to pay the fee at that time shall pay an
additional amount that equals ten per cent of the required fee.

(4)
Each person obtaining an NPDES permit for municipal storm water
discharge shall pay a nonrefundable storm water annual discharge fee
of ten dollars per one-tenth of a square mile of area permitted. The
fee shall not exceed ten thousand dollars and shall be payable on or
before January 30, 2004, and the thirtieth day of January of each
year thereafter. Any person who fails to pay the fee on the date
specified in division (L)(4) of this section shall pay an additional
amount per year equal to ten per cent of the annual fee that is
unpaid.

(5)
The director shall transmit all moneys collected under division (L)
of this section to the treasurer of state for deposit into the state
treasury to the credit of the surface water protection fund created
in section 6111.038 of the Revised Code.

(6)
As used in this section:

(a)
"NPDES" means the federally approved national pollutant
discharge elimination system individual and general program for
issuing, modifying, revoking, reissuing, terminating, monitoring, and
enforcing permits and imposing and enforcing pretreatment
requirements under Chapter 6111. of the Revised Code and rules
adopted under it.

(b)
"Public discharger" means any holder of an NPDES permit
identified by P in the second character of the NPDES permit number
assigned by the director.

(c)
"Industrial discharger" means any holder of an NPDES permit
identified by I in the second character of the NPDES permit number
assigned by the director.

(d)
"Major discharger" means any holder of an NPDES permit
classified as major by the regional administrator of the United
States environmental protection agency in conjunction with the
director.

(M)
Through June 30,
2026
2028
,
a person applying for a license or license renewal to operate a
public water system under section 6109.21 of the Revised Code shall
pay the appropriate fee established under this division at the time
of application to the director. Any person who fails to pay the fee
at that time shall pay an additional amount that equals ten per cent
of the required fee. The director shall transmit all moneys collected
under this division to the treasurer of state for deposit into the
drinking water protection fund created in section 6109.30 of the
Revised Code.

Except
as provided in divisions (M)(4) and (5) of this section, fees
required under this division shall be calculated and paid in
accordance with the following schedule:

(1)
For the initial license required under section 6109.21 of the Revised
Code for any public water system that is a community water system as
defined in section 6109.01 of the Revised Code, and for each license
renewal required for such a system prior to January 31,
2026
2028
,
the fee is:

1

2

A

Number
of service connections

Fee
amount

B

Not
more than 49

$112

C

50
to 99

176

D

Number
of service connections

Average
cost per connection

E

100
to 2,499

$1.92

F

2,500
to 4,999

1.48

G

5,000
to 7,499

1.42

H

7,500
to 9,999

1.34

I

10,000
to 14,999

1.16

J

15,000
to 24,999

1.10

K

25,000
to 49,999

1.04

L

50,000
to 99,999

.92

M

100,000
to 149,999

.86

N

150,000
to 199,999

.80

O

200,000
or more

.76

A
public water system may determine how it will pay the total amount of
the fee calculated under division (M)(1) of this section, including
the assessment of additional user fees that may be assessed on a
volumetric basis.

As
used in division (M)(1) of this section, "service connection"
means the number of active or inactive pipes, goosenecks, pigtails,
and any other fittings connecting a water main to any building
outlet.

(2)
For the initial license required under section 6109.21 of the Revised
Code for any public water system that is not a community water system
and serves a nontransient population, and for each license renewal
required for such a system prior to January 31,
2026
2028
,
the fee is:

1

2

A

Population
served

Fee
amount

B

Fewer
than 150

$112

C

150
to 299

176

D

300
to 749

384

E

750
to 1,499

628

F

1,500
to 2,999

1,268

G

3,000
to 7,499

2,816

H

7,500
to 14,999

5,510

I

15,000
to 22,499

9,048

J

22,500
to 29,999

12,430

K

30,000
or more

16,820

As
used in division (M)(2) of this section, "population served"
means the total number of individuals having access to the water
supply during a twenty-four-hour period for at least sixty days
during any calendar year. In the absence of a specific population
count, that number shall be calculated at the rate of three
individuals per service connection.

(3)
For the initial license required under section 6109.21 of the Revised
Code for any public water system that is not a community water system
and serves a transient population, and for each license renewal
required for such a system prior to January 31,
2026
2028
,
the fee is:

1

2

A

Number
of wells or sources, other than surface water, supplying system

Fee
amount

B

1

$112

C

2

112

D

3

176

E

4

278

F

5

568

G

System
designated as using a surface water source

792

As
used in division (M)(3) of this section, "number of wells or
sources, other than surface water, supplying system" means those
wells or sources that are physically connected to the plumbing system
serving the public water system.

(4)
A public water system designated as using a surface water source
shall pay a fee of seven hundred ninety-two dollars or the amount
calculated under division (M)(1) or (2) of this section, whichever is
greater.

(5)
An applicant for an initial license who is proposing to operate a new
public water supply system shall submit a fee that equals a prorated
amount of the appropriate fee for the remainder of the licensing
year.

(N)(1)
A person applying for a plan approval for a public water supply
system under section 6109.07 of the Revised Code shall pay a fee of
one hundred fifty dollars plus thirty-five hundredths of one per cent
of the estimated project cost, except that the total fee shall not
exceed twenty thousand dollars through June 30,
2026
2028
,
and fifteen thousand dollars on and after July 1,
2026
2028
.
The fee shall be paid at the time the application is submitted.

(2)
A person who has entered into an agreement with the director under
division (A)(2) of section 6109.07 of the Revised Code shall pay an
administrative service fee for each plan submitted under that section
for approval that shall not exceed the minimum amount necessary to
pay administrative costs directly attributable to processing plan
approvals. The director annually shall calculate the fee and shall
notify all persons that have entered into agreements under that
division, or who have applied for agreements, of the amount of the
fee.

(3)
Through June 30,
2026
2028
,
the following fee, on a per survey basis, shall be charged any person
for services rendered by the state in the evaluation of laboratories
and laboratory personnel for compliance with accepted analytical
techniques and procedures established pursuant to Chapter 6109. of
the Revised Code for determining the qualitative characteristics of
water:

1

2

A

microbiological

B

MMO-MUG

$2,000

C

MF

2,100

D

MMO-MUG
and MF

2,550

E

organic
chemical

5,400

F

trace
metals

5,400

G

standard
chemistry

2,800

H

limited
chemistry

1,550

On
and after July 1,
2026
2028
,
the following fee, on a per survey basis, shall be charged any such
person:

1

2

A

microbiological

$1,650

B

organic
chemicals

3,500

C

trace
metals

3,500

D

standard
chemistry

1,800

E

limited
chemistry

1,000

The
fee for those services shall be paid at the time the request for the
survey is made. Through June 30,
2026
2028
,
an individual laboratory shall not be assessed a fee under this
division more than once in any three-year period unless the person
requests the addition of analytical methods or analysts, in which
case the person shall pay five hundred dollars for each additional
survey requested.

As
used in division (N)(3) of this section:

(a)
"MF" means membrane filtration.

(b)
"MMO" means minimal medium ONPG.

(c)
"MUG" means 4-methylumbelliferyl-beta-D-glucuronide.

(d)
"ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

The
director shall transmit all moneys collected under this division to
the treasurer of state for deposit into the drinking water protection
fund created in section 6109.30 of the Revised Code.

(O)
Any person applying to the director to take an examination for
certification as an operator of a water supply system or wastewater
system under Chapter 6109. or 6111. of the Revised Code that is
administered by the director, at the time the application is
submitted, shall pay a fee in accordance with the following schedule
through November 30,
2026
2028
:

1

2

A

Class
A operator

$80

B

Class
I operator

105

C

Class
II operator

120

D

Class
III operator

130

E

Class
IV operator

145

On
and after December 1,
2026
2028
,
the applicant shall pay a fee in accordance with the following
schedule:

1

2

A

Class
A operator

$50

B

Class
I operator

70

C

Class
II operator

80

D

Class
III operator

90

E

Class
IV operator

100

Any
person applying to the director for certification as an operator of a
water supply system or wastewater system who has passed an
examination administered by an examination provider approved by the
director shall pay a certification fee of forty-five dollars.

A
person shall pay a biennial certification renewal fee for each
applicable class of certification in accordance with the following
schedule:

1

2

A

Class
A operator

$25

B

Class
I operator

35

C

Class
II operator

45

D

Class
III operator

55

E

Class
IV operator

65

If
a certification renewal fee is received by the director more than
thirty days, but not more than one year, after the expiration date of
the certification, the person shall pay a certification renewal fee
in accordance with the following schedule:

1

2

A

Class
A operator

$45

B

Class
I operator

55

C

Class
II operator

65

D

Class
III operator

75

E

Class
IV operator

85

A
person who requests a replacement certificate shall pay a fee of
twenty-five dollars at the time the request is made.

Any
person applying to be a water supply system or wastewater treatment
system examination provider shall pay an application fee of five
hundred dollars. Any person approved by the director as a water
supply system or wastewater treatment system examination provider
shall pay an annual fee that is equal to ten per cent of the fees
that the provider assesses and collects for administering water
supply system or wastewater treatment system certification
examinations in this state for the calendar year. The fee shall be
paid not later than forty-five days after the end of a calendar year.

The
director shall transmit all moneys collected under this division to
the treasurer of state for deposit into the drinking water protection
fund created in section 6109.30 of the Revised Code.

(P)

Any
person submitting an application for an industrial water pollution
control certificate under section 6111.31 of the Revised Code, as
that section existed before its repeal by H.B. 95 of the 125th
general assembly, shall pay a nonrefundable fee of five hundred
dollars at the time the application is submitted. The director shall
transmit all moneys collected under this division to the treasurer of
state for deposit into the surface water protection fund created in
section 6111.038 of the Revised Code. A person paying a certificate
fee under this division shall not pay an application fee under
division (S)(1) of this section. On and after June 26, 2003, persons
shall file such applications and pay the fee as required under
sections 5709.20 to 5709.27 of the Revised Code, and proceeds from
the fee shall be credited as provided in section 5709.212 of the
Revised Code.

(Q)

Except
as otherwise provided in division
(R)
(Q)

of this section, a person issued a permit by the director for a new
solid waste disposal facility other than an incineration or
composting facility, a new infectious waste treatment facility other
than an incineration facility, or a modification of such an existing
facility that includes an increase in the total disposal or treatment
capacity of the facility pursuant to Chapter 3734. of the Revised
Code shall pay a fee of ten dollars per thousand cubic yards of
disposal or treatment capacity, or one thousand dollars, whichever is
greater, except that the total fee for any such permit shall not
exceed eighty thousand dollars. A person issued a modification of a
permit for a solid waste disposal facility or an infectious waste
treatment facility that does not involve an increase in the total
disposal or treatment capacity of the facility shall pay a fee of one
thousand dollars. A person issued a permit to install a new, or
modify an existing, solid waste transfer facility under that chapter
shall pay a fee of two thousand five hundred dollars. A person issued
a permit to install a new or to modify an existing solid waste
incineration or composting facility, or an existing infectious waste
treatment facility using incineration as its principal method of
treatment, under that chapter shall pay a fee of one thousand
dollars. The increases in the permit fees under this division
resulting from the amendments made by Amended Substitute House Bill
592 of the 117th general assembly do not apply to any person who
submitted an application for a permit to install a new, or modify an
existing, solid waste disposal facility under that chapter prior to
September 1, 1987; any such person shall pay the permit fee
established in this division as it existed prior to June 24, 1988. In
addition to the applicable permit fee under this division, a person
issued a permit to install or modify a solid waste facility or an
infectious waste treatment facility under that chapter who fails to
pay the permit fee to the director in compliance with division
(V)
(U)

of this section shall pay an additional ten per cent of the amount of
the fee for each week that the permit fee is late.

Permit
and late payment fees paid to the director under this division shall
be credited to the general revenue fund.

(R)(1)
(Q)(1)

A person issued a registration certificate for a scrap tire
collection facility under section 3734.75 of the Revised Code shall
pay a fee of two hundred dollars, except that if the facility is
owned or operated by a motor vehicle salvage dealer licensed under
Chapter 4738. of the Revised Code, the person shall pay a fee of
twenty-five dollars.

(2)
A person issued a registration certificate for a new scrap tire
storage facility under section 3734.76 of the Revised Code shall pay
a fee of three hundred dollars, except that if the facility is owned
or operated by a motor vehicle salvage dealer licensed under Chapter
4738. of the Revised Code, the person shall pay a fee of twenty-five
dollars.

(3)
A person issued a permit for a scrap tire storage facility under
section 3734.76 of the Revised Code shall pay a fee of one thousand
dollars, except that if the facility is owned or operated by a motor
vehicle salvage dealer licensed under Chapter 4738. of the Revised
Code, the person shall pay a fee of fifty dollars.

(4)
A person issued a permit for a scrap tire monocell or monofill
facility under section 3734.77 of the Revised Code shall pay a fee of
ten dollars per thousand cubic yards of disposal capacity or one
thousand dollars, whichever is greater, except that the total fee for
any such permit shall not exceed eighty thousand dollars.

(5)
A person issued a registration certificate for a scrap tire recovery
facility under section 3734.78 of the Revised Code shall pay a fee of
one hundred dollars.

(6)
A person issued a permit for a scrap tire recovery facility under
section 3734.78 of the Revised Code shall pay a fee of one thousand
dollars.

(7)
In addition to the applicable registration certificate or permit fee
under divisions
(R)(1)
(Q)(1)

to (6) of this section, a person issued a registration certificate or
permit for any such scrap tire facility who fails to pay the
registration certificate or permit fee to the director in compliance
with division
(V)
(U)

of this section shall pay an additional ten per cent of the amount of
the fee for each week that the fee is late.

(8)
The registration certificate, permit, and late payment fees paid to
the director under divisions
(R)(1)
(Q)(1)

to (7) of this section shall be credited to the scrap tire management
fund created in section 3734.82 of the Revised Code.

(S)(1)(a)
(R)(1)(a)

Except as otherwise provided, any person applying for a permit,
variance, or plan approval under Chapter 6109. or 6111. of the
Revised Code shall pay a nonrefundable application fee of one hundred
dollars at the time the application is submitted through June 30,

2026
2028
,
and a nonrefundable application fee of fifteen dollars at the time
the application is submitted on and after July 1,
2026
2028
.

(b)(i)
Except as otherwise provided in divisions

(S)(1)(b)(iii)
(R)(1)(b)(iii)

and (iv) of this section, through June 30,
2026
2028
,
any person applying for an NPDES permit under Chapter 6111. of the
Revised Code shall pay a nonrefundable application fee of two hundred
dollars at the time of application for the permit. On and after July
1,
2026
2028
,
such a person shall pay a nonrefundable application fee of fifteen
dollars at the time of application.

(ii)
In addition to the nonrefundable application fee, any person applying
for an NPDES permit under Chapter 6111. of the Revised Code shall pay
a design flow discharge fee based on each point source to which the
issuance is applicable in accordance with the following schedule:

1

2

A

Design
flow discharge (gallons per day)

Fee

B

0
to 1,000

$0

C

1,001
to 5,000

100

D

5,001
to 50,000

200

E

50,001
to 100,000

300

F

100,001
to 300,000

525

G

over
300,000

750

(iii)
Notwithstanding divisions
(S)(1)(b)(i)
(R)(1)(b)(i)

and (ii) of this section, the application and design flow discharge
fee for an NPDES permit for a public discharger identified by the
letter I in the third character of the NPDES permit number shall not
exceed nine hundred fifty dollars.

(iv)
Notwithstanding divisions
(S)(1)(b)(i)
(R)(1)(b)(i)

and (ii) of this section, the application and design flow discharge
fee for an NPDES permit for a coal mining operation regulated under
Chapter 1513. of the Revised Code shall not exceed four hundred fifty
dollars per mine.

(v)
A person issued a modification of an NPDES permit shall pay a
nonrefundable modification fee equal to the application fee and
one-half the design flow discharge fee based on each point source, if
applicable, that would be charged for an NPDES permit, except that
the modification fee shall not exceed six hundred dollars.

(c)
In addition to the application fee established under division

(S)(1)(b)(i)
(R)(1)(b)(i)

of this section, any person applying for an NPDES general storm water
construction permit shall pay a nonrefundable fee of twenty dollars
per acre for each acre that is permitted above five acres at the time
the application is submitted. However, the per acreage fee shall not
exceed three hundred dollars. In addition to the application fee
established under division
(S)(1)(b)(i)
(R)(1)(b)(i)

of this section, any person applying for an NPDES general storm water
industrial permit shall pay a nonrefundable fee of one hundred fifty
dollars at the time the application is submitted.

(d)
The director shall transmit all moneys collected under division

(S)(1)
(R)(1)

of this section pursuant to Chapter 6109. of the Revised Code to the
treasurer of state for deposit into the drinking water protection
fund created in section 6109.30 of the Revised Code.

(e)
The director shall transmit all moneys collected under division

(S)(1)
(R)(1)

of this section pursuant to Chapter 6111. of the Revised Code and
under division
(S)(2)
(R)(2)

of this section to the treasurer of state for deposit into the
surface water protection fund created in section 6111.038 of the
Revised Code.

(f)
If a person submits an electronic application for a registration
certificate, permit, variance, or plan approval for which an
application fee is established under division
(S)(1)
(R)(1)

of this section, the person shall pay all applicable fees as
expeditiously as possible after the submission of the electronic
application. An application for a registration certificate, permit,
variance, or plan approval for which an application fee is
established under division
(S)(1)
(R)(1)

of this section shall not be reviewed or processed until the
applicable application fee, and any other fees established under this
division, are paid.

(2)
A person applying for coverage under an NPDES general discharge
permit for household sewage treatment systems shall pay a
nonrefundable fee of two hundred dollars at the time of application
for initial permit coverage. No fee is required for an application
for permit coverage renewal.

(T)
(S)

The director may adopt, amend, and rescind rules in accordance with
Chapter 119. of the Revised Code that do all of the following:

(1)
Prescribe fees to be paid by applicants for and holders of any
license, permit, variance, plan approval, or certification required
or authorized by Chapter 3704., 3734., 6109., or 6111. of the Revised
Code that are not specifically established in this section. The fees
shall be designed to defray the cost of processing, issuing,
revoking, modifying, denying, and enforcing the licenses, permits,
variances, plan approvals, and certifications.

The
director shall transmit all moneys collected under rules adopted
under division
(T)(1)
(S)(1)

of this section pursuant to Chapter 6109. of the Revised Code to the
treasurer of state for deposit into the drinking water protection
fund created in section 6109.30 of the Revised Code.

The
director shall transmit all moneys collected under rules adopted
under division
(T)(1)
(S)(1)

of this section pursuant to Chapter 6111. of the Revised Code to the
treasurer of state for deposit into the surface water protection fund
created in section 6111.038 of the Revised Code.

(2)
Exempt the state and political subdivisions thereof, including
education facilities or medical facilities owned by the state or a
political subdivision, or any person exempted from taxation by
section 5709.07 or 5709.12 of the Revised Code, from any fee required
by this section;

(3)
Provide for the waiver of any fee, or any part thereof, otherwise
required by this section whenever the director determines that the
imposition of the fee would constitute an unreasonable cost of doing
business for any applicant, class of applicants, or other person
subject to the fee;

(4)
Prescribe measures that the director considers necessary to carry out
this section.

(U)
(T)

When the director reasonably demonstrates that the direct cost to the
state associated with the issuance of a permit, license, variance,
plan approval, or certification exceeds the fee for the issuance or
review specified by this section, the director may condition the
issuance or review on the payment by the person receiving the
issuance or review of, in addition to the fee specified by this
section, the amount, or any portion thereof, in excess of the fee
specified under this section. The director shall not so condition
issuances for which a fee is prescribed in division

(S)(1)(b)(iii)
(R)(1)(b)(iii)

of this section.

(V)
(U)

Except as provided in divisions (L), (M),
(P),

and

(S)
(R)

of this section or unless otherwise prescribed by a rule of the
director adopted pursuant to Chapter 119. of the Revised Code, all
fees required by this section are payable within thirty days after
the issuance of an invoice for the fee by the director or the
effective date of the issuance of the license, permit, variance, plan
approval, or certification. If payment is late, the person
responsible for payment of the fee shall pay an additional ten per
cent of the amount due for each month that it is late.

(W)
(V)

As used in this section, "fuel-burning equipment,"
"fuel-burning equipment input capacity," "incinerator,"
"incinerator input capacity," "process," "process
weight rate," "storage tank," "gasoline
dispensing facility," "dry cleaning facility," "design
flow discharge," and "new source treatment works" have
the meanings ascribed to those terms by applicable rules or standards
adopted by the director under Chapter 3704. or 6111. of the Revised
Code.

(X)
(W)

As used in divisions (B), (D), (E), (F), (H), (I), and (J) of this
section, and in any other provision of this section pertaining to
fees paid pursuant to Chapter 3704. of the Revised Code:

(1)
"Facility," "federal Clean Air Act," "person,"
and "Title V permit" have the same meanings as in section
3704.01 of the Revised Code.

(2)
"Title V permit program" means the following activities as
necessary to meet the requirements of Title V of the federal Clean
Air Act and 40 C.F.R. part 70, including at least:

(a)
Preparing and adopting, if applicable, generally applicable rules or
guidance regarding the permit program or its implementation or
enforcement;

(b)
Reviewing and acting on any application for a Title V permit, permit
revision, or permit renewal, including the development of an
applicable requirement as part of the processing of a permit, permit
revision, or permit renewal;

(c)
Administering the permit program, including the supporting and
tracking of permit applications, compliance certification, and
related data entry;

(d)
Determining which sources are subject to the program and implementing
and enforcing the terms of any Title V permit, not including any
court actions or other formal enforcement actions;

(e)
Emission and ambient monitoring;

(f)
Modeling, analyses, or demonstrations;

(g)
Preparing inventories and tracking emissions;

(h)
Providing direct and indirect support to small business stationary
sources to determine and meet their obligations under the federal
Clean Air Act pursuant to the small business stationary source
technical and environmental compliance assistance program required by
section 507 of that act and established in sections 3704.18, 3704.19,
and 3706.19 of the Revised Code.

(3)
"Organic compound" means any chemical compound of carbon,
excluding carbon monoxide, carbon dioxide, carbonic acid, metallic
carbides or carbonates, and ammonium carbonate.

(Y)(1)
(X)(1)

Except as provided in divisions
(Y)(2)
(X)(2)
,
(3), and (4) of this section, each sewage sludge facility shall pay a
nonrefundable annual sludge fee equal to three dollars and fifty
cents per dry ton of sewage sludge, including the dry tons of sewage
sludge in materials derived from sewage sludge, that the sewage
sludge facility treats or disposes of in this state. The annual
volume of sewage sludge treated or disposed of by a sewage sludge
facility shall be calculated using the first day of January through
the thirty-first day of December of the calendar year preceding the
date on which payment of the fee is due.

(2)(a)
Except as provided in division
(Y)(2)(d)
(X)(2)(d)

of this section, each sewage sludge facility shall pay a minimum
annual sewage sludge fee of one hundred dollars.

(b)
The annual sludge fee required to be paid by a sewage sludge facility
that treats or disposes of exceptional quality sludge in this state
shall be thirty-five per cent less per dry ton of exceptional quality
sludge than the fee assessed under division
(Y)(1)
(X)(1)

of this section, subject to the following exceptions:

(i)
Except as provided in division
(Y)(2)(d)
(X)(2)(d)

of this section, a sewage sludge facility that treats or disposes of
exceptional quality sludge shall pay a minimum annual sewage sludge
fee of one hundred dollars.

(ii)
A sewage sludge facility that treats or disposes of exceptional
quality sludge shall not be required to pay the annual sludge fee for
treatment or disposal in this state of exceptional quality sludge
generated outside of this state and contained in bags or other
containers not greater than one hundred pounds in capacity.

A
thirty-five per cent reduction for exceptional quality sludge applies
to the maximum annual fees established under division
(Y)(3)
(X)(3)

of this section.

(c)
A sewage sludge facility that transfers sewage sludge to another
sewage sludge facility in this state for further treatment prior to
disposal in this state shall not be required to pay the annual sludge
fee for the tons of sewage sludge that have been transferred. In such
a case, the sewage sludge facility that disposes of the sewage sludge
shall pay the annual sludge fee. However, the facility transferring
the sewage sludge shall pay the one-hundred-dollar minimum fee
required under division
(Y)(2)(a)
(X)(2)(a)

of this section.

In
the case of a sewage sludge facility that treats sewage sludge in
this state and transfers it out of this state to another entity for
disposal, the sewage sludge facility in this state shall be required
to pay the annual sludge fee for the tons of sewage sludge that have
been transferred.

(d)
A sewage sludge facility that generates sewage sludge resulting from
an average daily discharge flow of less than five thousand gallons
per day is not subject to the fees assessed under division
(Y)
(X)

of this section.

(3)
No sewage sludge facility required to pay the annual sludge fee shall
be required to pay more than the maximum annual fee for each disposal
method that the sewage sludge facility uses. The maximum annual fee
does not include the additional amount that may be charged under
division
(Y)(5)
(X)(5)

of this section for late payment of the annual sludge fee. The
maximum annual fee for the following methods of disposal of sewage
sludge is as follows:

(a)
Incineration: five thousand dollars;

(b)
Preexisting land reclamation project or disposal in a landfill: five
thousand dollars;

(c)
Land application, land reclamation, surface disposal, or any other
disposal method not specified in division
(Y)(3)(a)
(X)(3)(a)

or (b) of this section: twenty thousand dollars.

(4)(a)
In the case of an entity that generates sewage sludge or a sewage
sludge facility that treats sewage sludge and transfers the sewage
sludge to an incineration facility for disposal, the incineration
facility, and not the entity generating the sewage sludge or the
sewage sludge facility treating the sewage sludge, shall pay the
annual sludge fee for the tons of sewage sludge that are transferred.
However, the entity or facility generating or treating the sewage
sludge shall pay the one-hundred-dollar minimum fee required under
division
(Y)(2)(a)
(X)(2)(a)

of this section.

(b)
In the case of an entity that generates sewage sludge and transfers
the sewage sludge to a landfill for disposal or to a sewage sludge
facility for land reclamation or surface disposal, the entity
generating the sewage sludge, and not the landfill or sewage sludge
facility, shall pay the annual sludge fee for the tons of sewage
sludge that are transferred.

(5)
Not later than the first day of April of the calendar year following
March 17, 2000, and each first day of April thereafter, the director
shall issue invoices to persons who are required to pay the annual
sludge fee. The invoice shall identify the nature and amount of the
annual sludge fee assessed and state the first day of May as the
deadline for receipt by the director of objections regarding the
amount of the fee and the first day of July as the deadline for
payment of the fee.

Not
later than the first day of May following receipt of an invoice, a
person required to pay the annual sludge fee may submit objections to
the director concerning the accuracy of information regarding the
number of dry tons of sewage sludge used to calculate the amount of
the annual sludge fee or regarding whether the sewage sludge
qualifies for the exceptional quality sludge discount established in
division
(Y)(2)(b)
(X)(2)(b)

of this section. The director may consider the objections and adjust
the amount of the fee to ensure that it is accurate.

If
the director does not adjust the amount of the annual sludge fee in
response to a person's objections, the person may appeal the
director's determination in accordance with Chapter 119. of the
Revised Code.

Not
later than the first day of June, the director shall notify the
objecting person regarding whether the director has found the
objections to be valid and the reasons for the finding. If the
director finds the objections to be valid and adjusts the amount of
the annual sludge fee accordingly, the director shall issue with the
notification a new invoice to the person identifying the amount of
the annual sludge fee assessed and stating the first day of July as
the deadline for payment.

Not
later than the first day of July, any person who is required to do so
shall pay the annual sludge fee. Any person who is required to pay
the fee, but who fails to do so on or before that date shall pay an
additional amount that equals ten per cent of the required annual
sludge fee.

(6)
The director shall transmit all moneys collected under division

(Y)
(X)

of this section to the treasurer of state for deposit into the
surface water protection fund created in section 6111.038 of the
Revised Code. The moneys shall be used to defray the costs of
administering and enforcing provisions in Chapter 6111. of the
Revised Code and rules adopted under it that govern the use, storage,
treatment, or disposal of sewage sludge.

(7)
Beginning in fiscal year 2001, and every two years thereafter, the
director shall review the total amount of moneys generated by the
annual sludge fees to determine if that amount exceeded six hundred
thousand dollars in either of the two preceding fiscal years. If the
total amount of moneys in the fund exceeded six hundred thousand
dollars in either fiscal year, the director, after review of the fee
structure and consultation with affected persons, shall issue an
order reducing the amount of the fees levied under division
(Y)
(X)

of this section so that the estimated amount of moneys resulting from
the fees will not exceed six hundred thousand dollars in any fiscal
year.

If,
upon review of the fees under division
(Y)(7)
(X)(7)

of this section and after the fees have been reduced, the director
determines that the total amount of moneys collected and accumulated
is less than six hundred thousand dollars, the director, after review
of the fee structure and consultation with affected persons, may
issue an order increasing the amount of the fees levied under
division
(Y)
(X)

of this section so that the estimated amount of moneys resulting from
the fees will be approximately six hundred thousand dollars. Fees
shall never be increased to an amount exceeding the amount specified
in division
(Y)(7)
(X)(7)

of this section.

Notwithstanding
section 119.06 of the Revised Code, the director may issue an order
under division
(Y)(7)
(X)(7)

of this section without the necessity to hold an adjudicatory hearing
in connection with the order. The issuance of an order under this
division is not an act or action for purposes of section 3745.04 of
the Revised Code.

(8)
As used in division
(Y)
(X)

of this section:

(a)
"Sewage sludge facility" means an entity that performs
treatment on or is responsible for the disposal of sewage sludge.

(b)
"Sewage sludge" means a solid, semi-solid, or liquid
residue generated during the treatment of domestic sewage in a
treatment works as defined in section 6111.01 of the Revised Code.
"Sewage sludge" includes, but is not limited to, scum or
solids removed in primary, secondary, or advanced wastewater
treatment processes. "Sewage sludge" does not include ash
generated during the firing of sewage sludge in a sewage sludge
incinerator, grit and screenings generated during preliminary
treatment of domestic sewage in a treatment works, animal manure,
residue generated during treatment of animal manure, or domestic
septage.

(c)
"Exceptional quality sludge" means sewage sludge that meets
all of the following qualifications:

(i)
Satisfies the class A pathogen standards in 40 C.F.R. 503.32(a);

(ii)
Satisfies one of the vector attraction reduction requirements in 40
C.F.R. 503.33(b)(1) to (b)(8);

(iii)
Does not exceed the ceiling concentration limitations for metals
listed in table one of 40 C.F.R. 503.13;

(iv)
Does not exceed the concentration limitations for metals listed in
table three of 40 C.F.R. 503.13.

(d)
"Treatment" means the preparation of sewage sludge for
final use or disposal and includes, but is not limited to,
thickening, stabilization, and dewatering of sewage sludge.

(e)
"Disposal" means the final use of sewage sludge, including,
but not limited to, land application, land reclamation, surface
disposal, or disposal in a landfill or an incinerator.

(f)
"Land application" means the spraying or spreading of
sewage sludge onto the land surface, the injection of sewage sludge
below the land surface, or the incorporation of sewage sludge into
the soil for the purposes of conditioning the soil or fertilizing
crops or vegetation grown in the soil.

(g)
"Land reclamation" means the returning of disturbed land to
productive use.

(h)
"Surface disposal" means the placement of sludge on an area
of land for disposal, including, but not limited to, monofills,
surface impoundments, lagoons, waste piles, or dedicated disposal
sites.

(i)
"Incinerator" means an entity that disposes of sewage
sludge through the combustion of organic matter and inorganic matter
in sewage sludge by high temperatures in an enclosed device.

(j)
"Incineration facility" includes all incinerators owned or
operated by the same entity and located on a contiguous tract of
land. Areas of land are considered to be contiguous even if they are
separated by a public road or highway.

(k)
"Annual sludge fee" means the fee assessed under division

(Y)(1)
(X)(1)

of this section.

(l)
"Landfill" means a sanitary landfill facility, as defined
in rules adopted under section 3734.02 of the Revised Code, that is
licensed under section 3734.05 of the Revised Code.

(m)
"Preexisting land reclamation project" means a
property-specific land reclamation project that has been in
continuous operation for not less than five years pursuant to
approval of the activity by the director and includes the
implementation of a community outreach program concerning the
activity.

Sec.
3745.21.
(A)
There is hereby created within the environmental protection agency
the Ohio environmental education fund advisory council consisting of
the directors of environmental protection, natural resources, and
education and workforce, or their designees, as members ex officio,
one member of the house of representatives to be appointed by the
speaker of the house of representatives or the member's designee,
one
member of the senate to be appointed by the president of the senate
or the member's designee,
one
member to be appointed by the chancellor of higher education who
shall have experience in providing environmental education at the
university or college level, and six members to be appointed by the
governor with the advice and consent of the senate. Of the members
appointed by the governor, two shall be from statewide environmental
advocacy organizations, one shall represent the interests of the
industrial community in this state, one shall represent the interests
of employers in this state with one hundred fifty or fewer employees,
one shall represent municipal corporations, and one shall represent
the interests of elementary and secondary school teachers in this
state. Within thirty days after October 1, 1990, the appointing
authorities shall make their initial appointments to the council. The
initial appointment to the council by the chancellor shall be for a
term ending two years after October 1, 1990. Of the initial
appointments made to the council by the governor, three shall be for
a term ending one year after October 1, 1990, and three shall be for
a term ending two years after October 1, 1990. Thereafter, the terms
of office of the members appointed by the chancellor and the governor
shall be for two years, with each term ending on the same day of the
same month as the term that it succeeds. Each member shall hold
office from the date of appointment until the end of the term for
which the member was appointed. Members may be reappointed. Vacancies
shall be filled in the manner provided for original appointments. Any
member appointed to fill a vacancy occurring prior to the expiration
date of the term for which the member's predecessor was appointed
shall hold office as a member of the board of trustees for the
remainder of that term. A member of the council appointed by the
chancellor or the governor shall continue in office subsequent to the
expiration date of the member's term until the member's successor
takes office or until a period of sixty days has elapsed, whichever
occurs first.

The
council shall hold at least two regular, semiannual meetings each
year. Special meetings may be held at the behest of the chairperson
or a majority of the members. The director of environmental
protection shall serve as the chairperson of the council. The council
annually shall select from among its members a vice-chairperson and a
secretary to keep a record of its proceedings. A majority vote of the
members of the council is necessary to take action on any matter.

Serving
as a member of the council does not constitute holding a public
office or a position of employment under the laws of this state and
does not constitute grounds for the removal of public officers or
employees from their offices or positions of employment. The
chancellor may at any time remove a member of the council appointed
by the chancellor for misfeasance, malfeasance, or nonfeasance in
office. The governor may at any time remove a member of the council
appointed by the governor for misfeasance, malfeasance, or
nonfeasance in office.

Members
of the council appointed by the chancellor and the governor shall
serve without compensation. Members of the council shall be
reimbursed for their actual and necessary expenses incurred in the
performance of their duties as members of the council from moneys
credited to the environmental education fund created in section
3745.22 of the Revised Code.

(B)
The council shall advise and assist the director of environmental
protection in the implementation and administration of section
3745.22 of the Revised Code and shall review and comment on all
expenditures from the fund proposed by the director.

(C)
The council may adopt bylaws for the regulation and conduct of the
council's affairs and may propose to the director of environmental
protection expenditures from the fund.

Sec.
3748.13.
(A)
The director of health shall inspect sources of radiation for which
licensure or registration by the handler is required, and the
sources' shielding and surroundings, according to the schedule
established in rules adopted under division (D) of section 3748.04 of
the Revised Code. In accordance with rules adopted under section
3748.04 of the Revised Code, the director shall inspect all records
and operating procedures of handlers that install or service sources
of radiation and all sources of radiation for which licensure of
radioactive material or registration of radiation-generating
equipment by the handler is required. The director may make other
inspections upon receiving complaints or other evidence of a
violation of this chapter or rules adopted under it.

The
director shall require any hospital registered under division (A) of
section 3701.07 of the Revised Code to develop and maintain a quality
assurance program for all sources of radiation-generating equipment.
A certified radiation expert shall conduct oversight and maintenance
of the program and shall file a report of audits of the program with
the director on forms prescribed by the director. The audit reports
shall become part of the inspection record.

(B)(1)
Except as provided in division (B)(2) of this section, a facility
shall pay inspection fees for radioactive material and
radiation-generating equipment according to the schedule and
categories established in rules adopted under division (A)(9) of
section 3748.04 of the Revised Code.

(2)
A facility that is, or is operated by, a medical practitioner or
medical-practitioner group shall pay inspection fees for
radiation-generating equipment according to the following schedule
and categories:

1

2

A

First
dental x-ray tube

$155.00

$310.00

B

Each
additional dental x-ray tube at the same location

$77.00

$154.00

C

First
medical x-ray tube

$307.00

$614.00

D

Each
additional medical x-ray tube at the same location

$163.00

$326.00

E

Each
unit of ionizing radiation-generating equipment capable of
operating at or above 250 kilovoltage peak

$610.00

$1,220.00

F

First
nonionizing radiation-generating equipment of any kind

$307.00

$614.00

G

Each
additional nonionizing radiation-generating equipment of any kind
at the same location

$163.00

$326.00

(C)(1)
Except as provided in division (C)(2) of this section, the fee for
the inspection of a facility that proposes to handle radioactive
material or radiation-generating equipment and is not licensed or
registered, and for which no license or registration application is
pending at the time of inspection, is four hundred seventy-four
dollars plus the applicable fee specified in rules adopted under
division (A)(9) of section 3748.04 of the Revised Code.

(2)
For a facility that is, or is operated by, a medical practitioner or
medical-practitioner group and proposes to handle
radiation-generating equipment, the fee for an inspection if the
facility is not licensed or registered, and no license or
registration is pending at the time of inspection, is four hundred
seventy-four dollars plus the fee applicable under the schedule in
division (B)(2) of this section.

(D)(1)
Except as provided in division (D)(2) of this section, for a facility
that handles radioactive material or radiation-generating equipment,
the fee for an inspection to determine whether violations cited in a
previous inspection have been corrected is the amount specified in
rules adopted under division (A)(9) of section 3748.04 of the Revised
Code.

(2)
For a facility that is, or is operated by, a medical practitioner or
medical-practitioner group and handles radiation-generating
equipment, the fee for an inspection to determine whether violations
cited in a previous inspection have been corrected is fifty per cent
of the applicable fee under the schedule in division (B)(2) of this
section.

(E)
The director may conduct a review of shielding plans or the adequacy
of shielding on the request of a licensee or registrant or an
applicant for licensure or registration or during an inspection when
the director considers a review to be necessary.

(1)
Except as provided in division (E)(2) of this section, the fee for
the review is the applicable amount specified in rules adopted under
division (A)(9) of section 3748.04 of the Revised Code.

(2)
For a facility that is, or is operated by, a medical practitioner or
medical-practitioner group and handles or proposes to handle
radiation-generating equipment, the fee for the review is seven
hundred sixty-two dollars for each room where a source of radiation
is used and is in addition to any other fee applicable under the
schedule in division (B)(2) of this section.

(F)
All fees shall be paid to the department of health no later than
thirty days after the invoice for the fee is mailed. Fees shall be
deposited in the general operations fund created in section 3701.83
of the Revised Code. The fees shall be used solely to administer and
enforce this chapter and rules adopted under it.

(G)
Any fee required under this section that remains unpaid on the
ninety-first day after the original invoice date shall be assessed an
additional amount equal to ten per cent of the original fee.

(H)
If the director determines that a board of health of a city or
general health district is qualified to conduct inspections of
radiation-generating equipment, the director may delegate to the
board, by contract, the authority to conduct such inspections. In
making a determination of the qualifications of a board of health to
conduct those inspections, the director shall evaluate the
credentials of the individuals who are to conduct the inspections of
radiation-generating equipment and the radiation detection and
measuring equipment available to them for that purpose. If a contract
is entered into, the board shall have the same authority to make
inspections of radiation-generating equipment as the director has
under this chapter and rules adopted under it. The contract shall
stipulate that only individuals approved by the director as qualified
shall be permitted to inspect radiation-generating equipment under
the contract's provisions. The contract shall provide for such
compensation for services as is agreed to by the director and the
board of health of the contracting health district. The director may
reevaluate the credentials of the inspection personnel and their
radiation detecting and measuring equipment as often as the director
considers necessary and may terminate any contract with the board of
health of any health district that, in the director's opinion, is not
satisfactorily performing the terms of the contract.

(I)
The director may enter at all reasonable times upon any public or
private property to determine compliance with this chapter and rules
adopted under it.

Sec.
3750.02.
(A)
There is hereby created the emergency response commission consisting
of the directors of environmental protection

and

,

health,

and
administrative services,
the
chairperson of the public utilities commission, the fire marshal, the
director of public safety, the director of transportation, the
director of natural resources, the superintendent of the highway
patrol, and the attorney general as members ex officio, or their
designees; notwithstanding section 101.26 of the Revised Code,
the
chairpersons of the respective standing committees of the senate and
house of representatives that are primarily responsible for
considering environmental issues
a
member of the house of representatives appointed by the speaker of
the house of representatives and a member of the senate appointed by
the president of the senate,
who
may participate fully in all the commission's deliberations and
activities, except that they shall serve as nonvoting members; and
ten members to be appointed by the governor with the advice and
consent of the senate. The appointed members, to the extent
practicable, shall have technical expertise in the field of emergency
response. Of the appointed members, two shall represent environmental
advocacy organizations, one shall represent the interests of
petroleum refiners or marketers or chemical manufacturers, one shall
represent the interests of another industry subject to this chapter,
one shall represent the interests of municipal corporations, one
shall represent the interests of counties, one shall represent the
interests of chiefs of fire departments, one shall represent the
interests of professional firefighters, one shall represent the
interests of volunteer firefighters, and one shall represent the
interests of local emergency management agencies.

An
appointed member of the commission also may serve as a member of the
local emergency planning committee of an emergency planning district.
An appointed member of the commission who is also a member of a local
emergency planning committee shall not participate as a member of the
commission in the appointment of members of the local emergency
planning committee of which the member is a member, in the review of
the chemical emergency response and preparedness plan submitted by
the local emergency planning committee of which the member is a
member, in any vote to approve a grant to the member's district, or
in any vote of the commission on any motion or resolution pertaining
specifically to the member's district or the local emergency planning
committee on which the member serves. A commission member who is also
a member of a local emergency planning committee shall not lobby or
otherwise act as an advocate for the member's district to other
members of the commission to obtain from the commission anything of
value for the member's district or the local emergency planning
committee of which the member is a member. A member of the commission
who is also a member of a local emergency planning committee may vote
on resolutions of the commission that apply uniformly to all local
emergency planning committees and districts in the state and do not
provide a grant or other pecuniary benefit to the member's district
or the committee of which the member is a member.

The
governor shall make the initial appointments to the commission within
thirty days after December 14, 1988. Of the initial appointments to
the commission, five shall be for a term of two years and five shall
be for a term of one year. Thereafter, terms of office of the
appointed members of the commission shall be for two years, with each
term ending on the same day of the same month as did the term that it
succeeds. Each member shall hold office from the date of appointment
until the end of the term for which the member was appointed. Members
may be reappointed. Vacancies shall be filled in the manner provided
for original appointments. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the member's
predecessor was appointed shall hold office for the remainder of that
term. A member shall continue in office subsequent to the expiration
date of the member's term until the member's successor takes office
or until a period of sixty days has elapsed, whichever occurs first.
The commission may at any time by a vote of two-thirds of all the
members remove any appointed member of the commission for
misfeasance, nonfeasance, or malfeasance. Members of the commission
shall serve without compensation, but shall be reimbursed for the
reasonable expenses incurred by them in the discharge of their duties
as members of the commission.

The
commission shall meet at least annually and shall hold such
additional meetings as are necessary to implement and administer this
chapter. Additional meetings may be held at the behest of either a
co-chairperson or a majority of the members. The commission shall, by
adoption of internal management rules under division (B)(9) of this
section, establish an executive committee and delegate to it the
performance of such of the commission's duties and powers under this
chapter as are required or authorized to be so delegated by that
division. The commission may organize itself into such additional
committees as it considers necessary or convenient to implement and
administer this chapter. The director of environmental protection and
the director of public safety or their designees shall serve as
co-chairpersons of the commission and the executive committee. Except
as otherwise provided in this chapter, a majority of the voting
members of the commission constitutes a quorum and the affirmative
vote of a majority of the voting members of the commission is
necessary for any action taken by the commission. Meetings of the
executive committee conducted for the purpose of determining whether
to issue an enforcement order or request that a civil action, civil
penalty action, or criminal action be brought to enforce this chapter
or rules adopted or orders issued under it are not subject to section
121.22 of the Revised Code pursuant to division (D) of that section.

Except
for the purposes of Chapters 102. and 2921. and sections 9.86 and
109.36 to 109.366 of the Revised Code, serving as an appointed member
of the commission does not constitute holding a public office or
position of employment under the laws of this state and does not
constitute grounds for removal of public officers or employees from
their offices or positions of employment.

(B)
The commission shall:

(1)
Adopt rules in accordance with Chapter 119. of the Revised Code that
are consistent with and equivalent in scope, content, and coverage to
the "Emergency Planning and Community Right-To-Know Act of
1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and applicable
regulations adopted under it:

(a)
Identifying or listing extremely hazardous substances and
establishing a threshold planning quantity for each such substance.
To the extent consistent with that act and applicable regulations
adopted under it, the rules may establish threshold planning
quantities based upon classes of those substances or categories of
facilities at which such substances are present.

(b)
Listing hazardous chemicals, establishing threshold quantities for
those chemicals, establishing categories of health and physical
hazards of those chemicals, establishing criteria or procedures for
identifying those chemicals and the appropriate hazard categories of
those chemicals, and establishing ranges of quantities for those
chemicals to be used in preparing emergency and hazardous chemical
inventory forms under section 3750.08 of the Revised Code. To the
extent consistent with that act and applicable regulations adopted
under it, the rules may establish threshold quantities based upon
classes of those chemicals or categories of facilities where those
chemicals are present.

To
the extent consistent with that act, the threshold quantities for
purposes of the submission of lists of hazardous chemicals under
section 3750.07 and the submission of emergency and hazardous
chemical inventory forms under section 3750.08 of the Revised Code
may differ.

(c)
Identifying or listing hazardous substances and establishing
reportable quantities of each of those substances and each extremely
hazardous substance. In addition to being consistent with and
equivalent in scope, content, and coverage to that act and applicable
regulations adopted under it, the rules shall be consistent with and
equivalent in scope, content, and coverage to regulations identifying
or listing hazardous substances and reportable quantities of those
substances adopted under the "Comprehensive Environmental
Response, Compensation, and Liability Act of 1980," 94 Stat.
2779, 42 U.S.C.A. 9602, as amended.

(d)
Prescribing the information to be included in the lists of hazardous
chemicals required to be submitted under section 3750.07 of the
Revised Code;

(e)
Prescribing the information to be included in the emergency and
hazardous chemical inventory forms required to be submitted under
section 3750.08 of the Revised Code. If the commission establishes
its own emergency and hazardous chemical inventory form, the rules
shall authorize owners and operators of facilities who also have one
or more facilities located outside the state for which they are
required to submit inventory forms under the federal act and
regulations adopted under it to submit their annual inventories on
forms prescribed by the administrator of the United States
environmental protection agency under that act instead of on forms
prescribed by the commission and shall require those owners or
operators to submit any additional information required by the
commission's inventory form on an attachment to the federal form.

(f)
Establishing procedures for giving verbal notice of releases under
section 3750.06 of the Revised Code and prescribing the information
to be provided in such a notice and in the follow-up written notice
required by that section;

(g)
Establishing standards for determining valid needs for the release of
tier II information under division (B)(4) of section 3750.10 of the
Revised Code;

(h)
Identifying the types or categories of information submitted or
obtained under this chapter and rules adopted under it that
constitute confidential business information;

(i)
Establishing criteria and procedures to protect trade secret and
confidential business information from unauthorized disclosure;

(j)
Establishing other requirements or authorizations that the commission
considers necessary or appropriate to implement, administer, and
enforce this chapter.

(2)
Adopt rules in accordance with Chapter 119. of the Revised Code to
implement and administer this chapter that may be more stringent than
the "Emergency Planning and Community Right-To-Know Act of
1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and regulations
adopted under it. Rules adopted under division (B)(2) of this section
shall not be inconsistent with that act or the regulations adopted
under it. The rules shall:

(a)
Prescribe the information to be included in the chemical emergency
response and preparedness plans prepared and submitted by local
emergency planning committees under section 3750.04 of the Revised
Code;

(b)
Establish criteria and procedures for reviewing the chemical
emergency response and preparedness plans of local emergency planning
committees required by section 3750.04 of the Revised Code and the
annual exercise of those plans and for providing concurrence or
requesting modifications in the plans and the exercise of those
plans. The criteria shall include, without limitation, the
requirement that each exercise of a committee's plan involve, in
addition to local emergency response and medical personnel, either a
facility that is subject to the plan or a transporter of materials
that are identified or listed as hazardous materials by regulations
adopted under the "Hazardous Materials Transportation Act,"
88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended.

(c)
Establish policies and procedures for maintaining information
submitted to the commission and local emergency planning committees
under this chapter, and for receiving and fulfilling requests from
the public for access to review and to obtain copies of that
information. The criteria and procedures shall include the following
requirements and authorizations regarding that information and access
to it:

(i)
Information that is protected as trade secret information or
confidential business information under this chapter and rules
adopted under it shall be kept in files that are separate from those
containing information that is not so protected.

(ii)
The original copies of information submitted to the commission or
committee shall not be removed from the custody and control of the
commission or committee.

(iii)
A person who, either in person or by mail, requests to obtain a copy
of a material safety data sheet submitted under this chapter by a
facility owner or operator shall submit a separate application for
each facility for which a material safety data sheet is being
requested.

(iv)
A person who requests to receive by mail a copy of information
submitted under this chapter by a facility owner or operator shall
submit a separate application for each facility for which information
is being requested and shall specify both the facility for which
information is being requested and the particular types of documents
requested.

(v)
Only employees of the commission or committee shall copy information
in the files of the commission or committee.

(vi)
The commission or committee may require any person who requests to
review or obtain a copy of information in its files to schedule an
appointment for that purpose with the information coordinator of the
commission or committee at least twenty-four hours before arriving at
the office of the commission or committee for the review or copy.

(vii)
Any person who seeks access to information in the files of the
commission or a local emergency planning committee shall submit a
written application, either in person or by mail, to the information
coordinator on a form provided by the commission or committee. The
person also shall provide the person's name and current mailing
address on the application and may be requested by the commission or
committee to provide basic demographic information on the form to
assist in the evaluation of the information access provisions of this
chapter and rules adopted under it. Application forms may be obtained
by mail or in person or by request by telephone at the office of the
commission or committee during regular business hours. Upon receipt
of a request for an application by telephone or mail, the information
coordinator shall promptly mail an application to the person who
requested it.

(viii)
The application form shall provide the applicant with a means of
indicating that the applicant's name and address are to be kept
confidential. If the applicant so indicates, that information is not
a public record under section 149.43 of the Revised Code and shall
not be disclosed to any person who is not a member or employee of the
commission or committee or an employee of the environmental
protection agency. When a name and address are to be kept
confidential, they also shall be deleted from the copy of the
application required to be placed in the file of the facility under
division (B)(2)(c)(xii) of this section and shall be withheld from
any log of information requests kept by the commission or committee
pursuant to that division.

(ix)
Neither the commission nor a local emergency planning committee shall
charge any fee for access to review information in its files when no
copies or computer searches of that information are requested.

(x)
An applicant shall be informed of the cost of copying, mailing, or
conducting a computer search of information on file with the
commission or committee before such a copy or search is made, and the
commission or committee shall collect the appropriate fees as
established under section 3750.13 of the Revised Code. Each applicant
shall acknowledge on the application form that the applicant is aware
that the applicant will be charged for copies and computer searches
of that information the applicant requests and for the costs of
mailing copies of the information to the applicant.

(xi)
The commission or committee may require a person requesting copies of
information on file with it to take delivery of them in the office of
the commission or committee whenever it considers the volume of the
information to be large enough to make mailing or delivery by a
parcel or package delivery service impractical.

(xii)
When the commission or committee receives a request for access to
review or obtain copies of information in its files, it shall not
routinely notify the owner or operator of the facility involved, but
instead shall either keep a log or file of requests for the
information or shall place a copy of each completed application form
in the file for the facility to which the application pertains. Such
a log or file shall be available for review by the public and by the
owners and operators of facilities required to submit information to
the commission or committee under this chapter and rules adopted
under it.

(d)
Require that claims for the protection, as a trade secret, of
information obtained under this chapter regarding extremely hazardous
substances identified or listed in rules adopted under division
(B)(1)(a) of this section and hazardous chemicals identified or
listed in rules adopted under division (B)(1)(b) of this section be
submitted to the administrator of the United States environmental
protection agency for determination under section 322 of the the
"Emergency Planning and Community Right-To-Know Act of 1986,"
100 Stat. 1747, 42 U.S.C.A. 11042, and regulations adopted under that
section;

(e)
Establish criteria and procedures for the issuance of variances under
divisions (B) and (C) of section 3750.11 of the Revised Code. The
rules shall require that, before approval of an application for a
variance, the commission or committee find by a preponderance of the
scientific evidence based upon generally accepted scientific
principles or laboratory tests that the extremely hazardous
substances, hazardous chemicals, or hazardous substances that would
be subject to the reporting requirement pose a substantial risk of
catastrophic injury to public health or safety or to the environment,
or pose an extraordinary risk of injury to emergency management
personnel responding to a release of the chemicals or substances,
when the substances or chemicals are present at a facility in an
amount equal to or exceeding the quantity for which reporting would
be required under the reporting requirement for which the variance is
sought. The rules shall also require that before approval of an
application for a variance, the commission or committee find by a
preponderance of the evidence that the development and implementation
of a local emergency response plan for releases of the substances or
chemicals covered by the reporting requirement will reduce the risk
of catastrophic injury to public health or safety or to the
environment, or will reduce the extraordinary risk of injury to
responding emergency management personnel, in the event of a release
of the substances or chemicals and find by a preponderance of the
evidence that the reporting requirement is necessary for the
development of such a local emergency response plan. The rules shall
require that when determining whether the substances or chemicals
that would be subject to the reporting requirement pose a substantial
risk of catastrophic injury to public health or safety or to the
environment, or pose an extraordinary risk of injury to emergency
management personnel responding to a release of the substance or
chemical, the commission or committee consider all of the following
factors:

(i)
The specific characteristics and degree and nature of the hazards
posed by a release of the extremely hazardous substances, hazardous
chemicals, or hazardous substances;

(ii)
The proximity of the facilities that would be subject to the
reporting requirement to residential areas, to areas where
significantly large numbers of people are employed or otherwise
congregate, and to environmental resources that are subject to
injury;

(iii)
The quantities of the extremely hazardous substances, hazardous
chemicals, or hazardous substances that are routinely present at
facilities that would be subject to the reporting requirement;

(iv)
The frequency with which the extremely hazardous substances,
hazardous chemicals, or hazardous substances are present at the
facilities that would be subject to the reporting requirement in
quantities for which reporting would be required thereunder.

(f)
Establish criteria and procedures for the issuance of orders under
division (D) of section 3750.11 of the Revised Code requiring the
placement of emergency response lock box units. The rules shall
require that before approval of an application for issuance of such
an order, the commission or committee find by a preponderance of the
scientific evidence based upon generally accepted scientific
principles or laboratory tests that the presence of the extremely
hazardous substances, hazardous chemicals, or hazardous substances in
the quantities in which they are routinely or intermittently present
at the facility for which the order is sought pose a substantial risk
of catastrophic injury to public health or safety or to the
environment, or pose an extraordinary risk of injury to responding
emergency management personnel, in the event of a release of any of
those substances or chemicals from the facility. The rules shall
require that before approval of an application for issuance of such
an order, the commission or committee also find by a preponderance of
the evidence that the placement of an emergency response lock box
unit at the facility is necessary to protect against the substantial
risk of catastrophic injury to public health or safety or the
environment, or to protect against an extraordinary risk of injury to
responding emergency management personnel, in the event of a release
of any of the extremely hazardous substances, hazardous chemicals, or
hazardous substances routinely or intermittently present at the
facility. The rules shall require that when determining whether the
extremely hazardous substances, hazardous chemicals, or hazardous
substances present at the facility pose a substantial risk of
catastrophic injury to public health or safety or to the environment,
or pose an extraordinary risk of injury to responding emergency
management personnel, in the event of a release of any of those
substances or chemicals from the facility, the commission or
committee consider all of the following factors:

(i)
The specific characteristics and the degree and nature of the hazards
posed by a release of the extremely hazardous substances, hazardous
chemicals, or hazardous substances present at the facility;

(ii)
The proximity of the facility to residential areas, to areas where
significantly large numbers of people are employed or otherwise
congregate, and to environmental resources that are subject to
injury;

(iii)
The quantities of the extremely hazardous substances, hazardous
chemicals, or hazardous substances that are routinely present at the
facility;

(iv)
The frequency with which the extremely hazardous substances,
hazardous chemicals, or hazardous substances are present at the
facility.

(g)
Establish procedures to be followed by the commission and the
executive committee of the commission for the issuance of orders
under this chapter.

(3)
In accordance with Chapter 119. of the Revised Code adopt rules
establishing reportable quantities for releases of oil that are
consistent with and equivalent in scope, content, and coverage to
section 311 of the "Federal Water Pollution Control Act
Amendments of 1972," 86 Stat. 862, 33 U.S.C.A. 1321, as amended,
and applicable regulations adopted under it;

(4)
Adopt rules in accordance with Chapter 119. of the Revised Code
establishing criteria and procedures for identifying or listing
extremely hazardous substances in addition to those identified or
listed in rules adopted under division (B)(1)(a) of this section and
for establishing threshold planning quantities and reportable
quantities for the added extremely hazardous substances; for
identifying or listing hazardous chemicals in addition to those
identified or listed in rules adopted under division (B)(1)(b) of
this section and for establishing threshold quantities and categories
of health and physical hazards for the added hazardous chemicals; and
for identifying or listing hazardous substances in addition to those
identified or listed in rules adopted under division (B)(1)(c) of
this section and for establishing reportable quantities for the added
hazardous substances. The criteria for identifying or listing
additional extremely hazardous substances and establishing threshold
planning quantities and reportable quantities therefor and for
identifying or listing additional hazardous chemicals and
establishing threshold quantities and categories of health and
physical hazards for the added hazardous chemicals shall be
consistent with and equivalent to applicable criteria therefor under
the "Emergency Planning and Community Right-To-Know Act of
1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and regulations
adopted under it. The criteria for identifying additional hazardous
substances and for establishing reportable quantities of the added
hazardous substances shall be consistent with and equivalent to the
applicable criteria for identifying or listing hazardous substances
and establishing reportable quantities therefor under the
"Comprehensive Environmental Response, Compensation, and
Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as
amended, and regulations adopted under it.

The
rules shall require that, before identifying or listing any such
additional extremely hazardous substance, hazardous chemical, or
hazardous substance and establishing a threshold planning quantity,
threshold quantity, or reportable quantity therefor, the commission
find by a preponderance of the scientific evidence based on generally
accepted scientific principles or laboratory tests that the substance
or chemical poses a substantial risk of catastrophic injury to public
health or safety or to the environment, or poses an extraordinary
risk of injury to emergency management personnel responding to a
release of the chemical or substance, when the chemical or substance
is present at a facility in an amount equal to the proposed threshold
planning quantity or threshold quantity or, in the instance of a
proposed additional extremely hazardous substance or hazardous
substance, poses a substantial risk of catastrophic injury to public
health or safety or to the environment if a release of the proposed
reportable quantity of the substance occurs. The rules shall further
require that, before so identifying or listing a substance or
chemical, the commission find by a preponderance of the evidence that
the development and implementation of state or local emergency
response plans for releases of the substance or chemical will reduce
the risk of a catastrophic injury to public health or safety or to
the environment, or will reduce the extraordinary risk of injury to
responding emergency response personnel, in the event of a release of
the substance or chemical and find by a preponderance of the evidence
that the identification or listing of the substance or chemical is
necessary for the development of state or local emergency response
plans for releases of the substance or chemical. The rules shall
require that the commission consider the toxicity of the substance or
chemical in terms of both the short-term and long-term health effects
resulting from exposure to it and its reactivity, volatility,
dispersibility, combustibility, and flammability when determining the
risks posed by a release of the substance or chemical and, as
appropriate, when establishing a threshold planning quantity,
threshold quantity, reportable quantity, or category of health or
physical hazard for it.

(5)
Adopt rules in accordance with Chapter 119. of the Revised Code
establishing criteria and procedures for receiving and deciding
claims for protection of information as a trade secret that are
applicable only to extremely hazardous substances and hazardous
chemicals identified or listed in rules adopted under division (C)(5)
of this section. The rules shall be equivalent in scope, content, and
coverage to section 322 of the "Emergency Planning and Community
Right-To-Know Act of 1986," 100 Stat. 1747, 42 U.S.C.A. 11042,
and regulations adopted under it.

(6)(a)
After consultation with the fire marshal, adopt rules in accordance
with Chapter 119. of the Revised Code establishing standards for the
construction, placement, and use of emergency response lock box units
at facilities that are subject to this chapter. The rules shall
establish all of the following:

(i)
Specific standards of construction for lock box units;

(ii)
The specific types of information that shall be placed in the lock
box units required to be placed at a facility by an order issued
under division (D) of section 3750.11 of the Revised Code, which
shall include the location of on-site emergency fire-fighting and
spill cleanup equipment; a diagram of the public and private water
supply and sewage systems serving the facility that are known to the
owner or operator of the facility; a copy of the emergency and
hazardous chemical inventory form for the facility most recently
required to be submitted under section 3750.08 of the Revised Code
from which the owner or operator may withhold information claimed or
determined to be trade secret information pursuant to rules adopted
under division (B)(2)(d) of this section, or pursuant to division
(B)(14) of this section and rules adopted under division (B)(5) of
this section, and confidential business information identified in
rules adopted under division (B)(1)(h) of this section; a copy of the
local fire department's and facility's emergency management plans for
the facility, if any; a current list of the names, positions,
addresses, and telephone numbers of all key facility personnel
knowledgeable in facility safety procedures and the locations at the
facility where extremely hazardous substances, hazardous chemicals,
and hazardous substances are produced, used, or stored. The rules
shall stipulate that, in the instance of lock box units placed
voluntarily at facilities by the owners or operators of the
facilities, such information shall be maintained in them as is
prescribed by agreement by the owner or operator and the fire
department having jurisdiction over the facility.

(iii)
The conditions that shall be met in order to provide safe and
expedient access to a lock box unit during a release or threatened
release of an extremely hazardous substance, hazardous chemical, or
hazardous substance.

(b)
Unless the owner or operator of a facility is issued an order under
division (D) of section 3750.11 of the Revised Code requiring the
owner or operator to place a lock box unit at the facility, the owner
or operator may place a lock box unit at the facility at the owner's
or operator's discretion. If the owner or operator chooses to place a
lock box unit at the facility, the responsibility to deposit
information in the lock box unit is in addition to any other
obligations established in this chapter.

(c)
Any costs associated with the purchase, construction, or placement of
a lock box unit shall be paid by the owner or operator of the
facility.

(7)
In accordance with Chapter 119. of the Revised Code, adopt rules
governing the application for and awarding of grants under division
(C) of section 3750.14 and division (B) of section 3750.15 of the
Revised Code;

(8)
Adopt rules in accordance with Chapter 119. of the Revised Code
establishing reasonable maximum fees that may be charged by the
commission and local emergency planning committees for copying
information in the commission's or committee's files to fulfill
requests from the public for that information;

(9)
Adopt internal management rules governing the operations of the
commission. The internal management rules shall establish an
executive committee of the commission consisting of the director of
environmental protection or the director's designee, the director of
public safety or the director's designee, the attorney general or the
attorney general's designee, one of the appointed members of the
commission representing industries subject to this chapter to be
appointed by the commission, one of the appointed members of the
commission representing the interests of environmental advocacy
organizations to be appointed by the commission, and one other
appointed member or member ex officio of the commission to be
appointed by the commission. The executive committee has exclusive
authority to issue enforcement orders under section 3750.18 of the
Revised Code and to request the attorney general to bring a civil
action, civil penalty action, or criminal action under section
3750.20 of the Revised Code in the name of the commission regarding
violations of this chapter, rules adopted under it, or orders issued
under it. The internal management rules may set forth the other
specific powers and duties of the commission that the executive
committee may exercise and carry out and the conditions under which
the executive committee may do so. The internal management rules
shall not authorize the executive committee to issue variances under
division (B) or (C) of section 3750.11 of the Revised Code or orders
under division (D) of that section.

(10)
Oversee and coordinate the implementation and enforcement of this
chapter and make such recommendations to the director of
environmental protection and the director of public safety as it
considers necessary or appropriate to improve the implementation and
enforcement of this chapter;

(11)
Make allocations of moneys under division (B) of section 3750.14 of
the Revised Code and make grants under division (C) of section
3750.14 and division (B) of section 3750.15 of the Revised Code;

(12)
Designate an officer of the environmental protection agency to serve
as the commission's information coordinator under this chapter;

(13)
Not later than December 14, 1989, develop and distribute a state
emergency response plan that defines the emergency response roles and
responsibilities of the state agencies that are represented on the
commission and that provides appropriate coordination with the
national contingency plan and the regional contingency plan required
by section 105 of the "Comprehensive Environmental Response,
Compensation, and Liability Act of 1980," 94 Stat. 2767, 42
U.S.C.A. 9601, as amended. The plan shall ensure a well-coordinated
response by state agencies that may be involved in assisting local
emergency responders during a major release of oil or a major sudden
and accidental release of a hazardous substance or extremely
hazardous substance. The plan may incorporate existing state
emergency response plans by reference. At least annually, the
commission and the state agencies that are represented on it shall
jointly exercise the state plan in conjunction with the exercise of a
local emergency response plan by a local emergency planning committee
under section 3750.04 of the Revised Code. After any such exercise,
the commission shall review the state plan and make such revisions in
it as the commission considers necessary or appropriate.

(14)
Receive and decide claims for the protection of information as a
trade secret that pertain only to extremely hazardous substances and
hazardous chemicals identified or listed by rules adopted under
division (C)(5) of this section. If the commission determines that
the claim meets the criteria established in rules adopted under
division (B)(5) of this section, it shall issue an order to that
effect in accordance with section 3750.18 of the Revised Code. If the
commission determines that the claim does not meet the criteria
established in those rules, it shall issue an order to that effect in
accordance with section 3750.18 of the Revised Code.

(15)
Annually compile, make available to the public, and submit to the
president of the senate and the speaker of the house of
representatives a summary report on the number of facilities
estimated to be subject to regulation under sections 3750.05,
3750.07, and 3750.08 of the Revised Code, the number of facilities
reporting to the commission, an estimate of the percentage of
facilities in compliance with those sections, and recommendations
regarding the types of activities the commission considers necessary
to improve such compliance. The commission shall base its estimate of
the number of facilities that are subject to regulation under those
sections on the current estimates provided by the local emergency
planning committees under division (D)(6) of section 3750.03 of the
Revised Code.

(C)
The commission may:

(1)
Procure by contract the temporary or intermittent services of experts
or consultants when those services are to be performed on a part-time
or fee-for-service basis and do not involve the performance of
administrative duties;

(2)
Enter into contracts or agreements with political subdivisions or
emergency planning districts for the purposes of this chapter;

(3)
Accept on behalf of the state any gift, grant, or contribution from
any governmental or private source for the purposes of this chapter;

(4)
Enter into contracts, agreements, or memoranda of understanding with
any state department, agency, board, commission, or institution to
obtain the services of personnel thereof or utilize resources thereof
for the purposes of this chapter. Employees of a state department,
agency, board, commission, or institution providing services to the
commission under any such contract, agreement, or memorandum shall
perform only those functions and provide only the services provided
for in the contract, agreement, or memorandum.

(5)
Identify or list extremely hazardous substances in addition to those
identified or listed in rules adopted under division (B)(1)(a) of
this section and establish threshold planning quantities and
reportable quantities for the additional extremely hazardous
substances, identify or list hazardous chemicals in addition to those
identified or listed in rules adopted under division (B)(1)(b) of
this section and establish threshold quantities and categories or
health and physical hazards for the added chemicals, and identify or
list hazardous substances in addition to those identified or listed
in rules adopted under division (B)(1)(c) of this section and
establish reportable quantities for the added hazardous substances.
The commission may establish threshold planning quantities for the
additional extremely hazardous substances based upon classes of those
substances or categories of facilities at which they are present and
may establish threshold quantities for the additional hazardous
chemicals based upon classes of those chemicals or categories of
facilities where they are present. The commission shall identify or
list such additional substances or chemicals and establish threshold
planning quantities, threshold quantities, reportable quantities, and
hazard categories therefor in accordance with the criteria and
procedures established in rules adopted under division (B)(4) of this
section and, after compliance with those criteria and procedures, by
the adoption of rules in accordance with Chapter 119. of the Revised
Code. The commission shall not adopt rules under division (C)(5) of
this section modifying any threshold planning quantity established in
rules adopted under division (B)(1)(a) of this section, any threshold
quantity established in rules adopted under division (B)(1)(b) of
this section, or any reportable quantity established in rules adopted
under division (B)(1)(c) of this section.

If,
after the commission has adopted rules under division (C)(5) of this
section identifying or listing an extremely hazardous substance,
hazardous chemical, or hazardous substance, the administrator of the
United States environmental protection agency identifies or lists the
substance or chemical as an extremely hazardous substance or
hazardous chemical under the "Emergency Planning and Community
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001,
or identifies or lists a substance as a hazardous substance under the
"Comprehensive Environmental Response, Compensation, and
Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as
amended, the commission shall rescind its rules adopted under
division (C)(5) of this section pertaining to the substance or
chemical and adopt the appropriate rules under division (B)(1)(a),
(b), or (c) of this section.

(6)
From time to time, request the director of environmental protection
and the executive director of the emergency management agency to
review implementation, administration, and enforcement of the
chemical emergency response planning and reporting programs created
by this chapter and rules adopted under it regarding their
effectiveness in preparing for response to releases of extremely
hazardous substances, hazardous chemicals, and hazardous substances.
After completion of any such review, the director of environmental
protection and the director of public safety shall report their
findings to the commission. Upon receipt of their findings, the
commission may make such recommendations for legislative and
administrative action as the commission finds necessary or
appropriate to promote achievement of the purposes of this chapter.

(D)
Except as provided in section 3750.06 of the Revised Code, nothing in
this chapter applies to the transportation, including the storage
incident to transportation, of any substance or chemical subject to
the requirements of this chapter, including the transportation and
distribution of natural gas.

(E)
This chapter authorizes the state, through the emergency response
commission, the department of public safety, and the environmental
protection agency, to establish and maintain chemical emergency
response planning and preparedness, community right-to-know, and
hazardous substance and extremely hazardous substance release
reporting programs that are consistent with and equivalent in scope,
coverage, and content to the "Emergency Planning and Community
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001,
and regulations adopted under it, except as otherwise specifically
required or authorized in this chapter. The commission, department,
and agencies may do all things necessary, incidental, or appropriate
to implement, administer, and enforce this chapter and to perform the
duties and exercise the powers of the state emergency response
commission under that act and regulations adopted under it and under
this chapter.

Sec.
3769.088.
(A)(1)
If any permit holder required by this chapter to pay the taxes levied
by sections 3769.08, 3769.087, 3769.26, and 3769.28 of the Revised
Code fails to pay the taxes as required, the tax commissioner may
make an assessment against the permit holder based upon any
information in the commissioner's possession.

(2)
If a permit holder required to remit taxes or file a report
electronically in the manner prescribed under section 3769.103 of the
Revised Code fails to do so, the tax commissioner may impose an
additional penalty of fifty dollars or ten per cent of the tax due as
shown on the report, whichever is greater.

(3)
A penalty of up to fifteen per cent may be added to the amount of
every assessment made under this section.

(4)
The commissioner may adopt rules providing for the imposition and
remission of penalties added to assessments made under this section.

(5)
The commissioner shall give the party assessed written notice of the
assessment in the manner provided in section 5703.37 of the Revised
Code. With the notice, the commissioner shall provide instructions on
how to petition for reassessment and request a hearing on the
petition.

(B)
Unless the party assessed files with the tax commissioner within
sixty days after service of the notice of assessment
,
either personally or by certified mail,

a written petition for reassessment signed by the party assessed or
that party's authorized agent having knowledge of the facts, the
assessment becomes final and the amount of the assessment is due and
payable from the party assessed to the commissioner. The petition
shall indicate the objections of the party assessed, but additional
objections may be raised in writing if received by the commissioner
prior to the date shown on the final determination. If the petition
has been properly filed, the commissioner shall proceed under section
5703.60 of the Revised Code.

(C)
After an assessment becomes final, if any portion of the assessment
remains unpaid, including accrued interest, a certified copy of the
tax commissioner's entry making the assessment final may be filed in
the office of the clerk of the court of common pleas in the county in
which the place, track, or enclosure for which the permit was issued
is located or the county in which the party assessed resides or has
its principal place of business. If the party assessed maintains no
place of business in this state and is not a resident of this state,
the certified copy of the entry may be filed in the office of the
clerk of the court of common pleas of Franklin county.

Immediately
upon the filing of the entry, the clerk shall enter a judgment for
the state against the party assessed in the amount shown on the
entry. The judgment may be filed by the clerk in a loose-leaf book
entitled "special judgments for state horse racing tax,"
and shall have the same effect as other judgments. Execution shall
issue upon the judgment upon the request of the tax commissioner, and
all laws applicable to sales on execution shall apply to sales made
under the judgment.

If
the assessment is not paid in its entirety within sixty days after
the day the assessment was issued, the portion of the assessment
consisting of tax due shall bear interest at the rate per annum
prescribed by section 5703.47 of the Revised Code from the day the
tax commissioner issues the assessment until the day the assessment
is paid or until it is certified to the attorney general for
collection under section 131.02 of the Revised Code, whichever comes
first. If the unpaid portion of the assessment is certified to the
attorney general for collection, the entire unpaid portion of the
assessment shall bear interest at the rate per annum prescribed by
section 5703.47 of the Revised Code from the date of certification
until the date it is paid in its entirety. Interest shall be paid in
the same manner as the tax and may be collected by the issuance of an
assessment under this section.

(D)
All money collected by the tax commissioner under this section shall
be treated as revenue arising from the taxes imposed by sections
3769.08, 3769.087, 3769.26, and 3769.28 of the Revised Code.

Sec.
3770.071.
(A)
As used in this section, "lottery prize award" does not
include a prize award from a video lottery terminal and does not
include winnings from lottery sports gaming, except that "lottery
prize award" includes winnings from lottery sports gaming wagers
placed through a terminal described in division (B)(3) of section
3770.24 of the Revised Code.

(B)

If
the amount of the prize money or the cost of goods or services
awarded as a lottery prize award meets or exceeds the reportable
winnings amounts set by 26 U.S.C. 6041, or a subsequent analogous
section of the Internal Revenue Code, the director of the state
lottery commission or the director's designee shall consult the data
match program established under section 3123.89 of the Revised Code
to determine whether the person is subject to a final and enforceable
determination of default made under sections 3123.01 to 3123.07 of
the Revised Code. If so, the director or the director's designee
shall withhold an amount from the prize award in accordance with
section 3123.89 of the Revised Code.

Sec.
3770.072.
(A)
As used in this section, "prize winner
,
"

and

"transferee
,
"

and
"transferor"
have
the same meanings as in section 3770.10 of the Revised Code.

(B)
The state lottery commission shall deduct amounts from lottery prize
awards and file returns in accordance with
sections

section

5747.062

and
5747.064
of
the Revised Code and any rules adopted by the tax commissioner
pursuant to
those
sections
that
section
.
This division also applies to lottery prize award payments the
commission remits to transferees.

(C)(1)(a)

(C)(1)

Each
transferee shall deduct and withhold from each gross amount payable
to each prize winner four per cent of the gross amount payable prior
to making any other reduction required by this chapter.

(b)
Subject to division (C)(1)(c) of this section, each transferee,
including any transferee that is a related member, as defined in
section 5733.042 of the Revised Code, to the transferor, shall deduct
and withhold from each amount payable to a transferor that is not a
prize winner four per cent of the portion of the payment representing
gain or income the transferor will recognize in connection with the
payment.

(c)
For purposes of division (C)(1)(b) of this section, the portion of
any payment representing gain or income recognized by the transferor
shall be computed in accordance with the Internal Revenue Code. The
transferor shall prepare a written statement setting forth that
amount and sign the statement under penalty of perjury. Within five
days before the date on which the payment is to be made, the
transferor shall deliver the written statement to the transferee and
deliver a copy of the written statement to the tax commissioner. If
the transferee does not receive the written statement by the time the
payment is made, the transferee shall withhold four per cent of the
entire amount of the payment. If the tax commissioner notifies the
transferee that the transferor has erroneously computed the amount of
gain or income recognized, the transferee shall withhold four per
cent of the entire amount of each payment to be made after the
transferee receives the notice.

(d)
The tax commissioner may impose a penalty of up to one thousand
dollars for any person failing to timely deliver to the tax
commissioner the copy of the written statement as required by
division (C)(1)(c) of this section. Proceeds from the imposition of
the penalty shall be considered as revenue arising from the tax
imposed under section 5733.06 or 5747.02 of the Revised Code, as
applicable.

(2)
With respect to amounts deducted and withheld pursuant to division
(C)(1) of this section, each transferee shall comply with divisions
(A)(2) to (4) of section 5747.062 of the Revised Code.

(3)
An employee of a corporation, limited liability company, or business
trust having control or supervision of or charged with the
responsibility of filing the report and making the payment required
by division (C) of this section and section 5747.062 of the Revised
Code, or an officer, member, manager, or trustee of a corporation,
limited liability company, or business trust who is responsible for
the execution of the corporation's, limited liability company's, or
business trust's fiscal responsibilities, shall be personally liable
for failure to file the report or pay the amount due as required by
division (C) of this section and section 5747.062 of the Revised
Code. The dissolution, termination, or bankruptcy of a corporation,
limited liability company, or business trust does not discharge a
responsible officer's, member's, manager's, employee's, or trustee's
liability for a failure of the corporation, limited liability
company, or business trust to file returns or pay the amount due.

(4)(a)
The tax commissioner may make an assessment against any person listed
in division (C)(1) or (3) of this section for any deficiency for any
period. Section 5747.13 of the Revised Code shall apply with respect
to issuing assessments, filing petitions for reassessments,
conducting hearings, issuing final determinations, making the
assessment final, and filing the entry that makes the assessment
final. Section 5717.02 of the Revised Code shall apply to appeals of
the commissioner's final decision in connection with assessments
issued pursuant to division (C)(4) of this section.

(b)
An assessment issued against any person listed in division (C)(1) or
(3) of this section shall not be considered an election of remedies
or a bar to an assessment against any other person for the failure to
comply with division (C)(1) of this section. No assessment shall be
issued against any person who is so listed if the amount required to
be withheld has been paid by another.

(c)
The assessment shall include interest at the rate per annum
prescribed by section 5703.47 of the Revised Code on liability from
the time the payment is due until the date of assessment. Interest
shall continue to accrue from the date of assessment until the date
the assessment is paid in full. Any interest accruing subsequent to
the date of the issuance of the assessment shall be considered to be
an additional deficiency for which the tax commissioner may issue
subsequent assessments. The initial assessment and any subsequent
assessments may include a penalty in an amount not to exceed twice
the applicable interest charged under this division.

Sec.
3770.073.
(A)

As
used in this section, "lottery prize award" does not
include a prize award from a video lottery terminal and does not
include winnings from lottery sports gaming, except that "lottery
prize award" includes winnings from lottery sports gaming wagers
placed through a terminal described in division (B)(3) of section
3770.24 of the Revised Code.

(B)
The attorney general shall provide the state lottery commission or
its designee with access to the real time data match program
described in sections 3772.37 and 3775.16 of the Revised Code for the
purpose of identifying prize winners who owe amounts to the state or
a political subdivision.

(C)

If
a person is entitled to a lottery prize award and is indebted to the
state for the payment of any tax, workers' compensation premium,
unemployment contribution, payment in lieu of unemployment
contribution,
or

certified
claim under section 131.02 or 131.021 of the Revised Code,
or

is
indebted to a political subdivision that has a certified claim under
section 131.02 of the Revised Code,
owes

lottery
sales receipts held in trust on behalf of the state lottery
commission as described in division (H)(4) of section 3770.05 of the
Revised Code, or
owes
any
charge,
penalty, or interest arising from
these

any
of those
debts
and if the amount of the prize money or the cost of goods or services
awarded as a lottery prize award meets or exceeds the reportable
winnings amount set by 26 U.S.C. 6041, the director of the state
lottery commission, or the director's designee, shall do either of
the following:

(1)
If the prize award will be paid in a lump sum, deduct from the prize
award and pay to the attorney general an amount in satisfaction of
the debt and pay any remainder to that person. If the amount of the
prize award is less than the amount of the debt, the entire amount of
the prize award shall be deducted and paid in partial satisfaction of
the debt.

(2)
If the prize award will be paid in annual installments, on the date
the initial installment payment is due, deduct from that installment
and pay to the attorney general an amount in satisfaction of the debt
and, if necessary to collect the full amount of the debt, do the same
for any subsequent annual installments, at the time the installments
become due and owing to the person, until the debt is fully
satisfied.

(B)

(D)

If
a person entitled to a lottery prize award owes more than one debt,
any debt owed to the state shall be satisfied first, subject to both
section 5739.33 and division (G) of section 5747.07 of the Revised
Code having first priority, and subject to division
(C)

(E)

of
this section.

(C)

(E)

Any
debt owed under section 3770.071 of the Revised Code shall be
satisfied with first priority over debts owed under this section.

(D)

(F)

Except
as provided in section 131.021 of the Revised Code, this section
applies only to debts that have become final.

Sec.
3770.074.
If
the amount of a prize award from a video lottery terminal meets or
exceeds the reportable winnings amount set by 26 U.S.C. 6041, the
video lottery sales agent shall consult the data match program
established under section 3123.89 of the Revised Code to determine
whether the person is subject to a final and enforceable
determination of default made under sections 3123.01 to 3123.07 of
the Revised Code. If so, the video lottery sales agent shall withhold
an amount from the prize award in accordance with section 3123.89 of
the Revised Code.

Sec.
3770.075.
(A)
The attorney general shall provide each video lottery sales agent
with access to the real time data match program described in sections
3772.37 and 3775.16 of the Revised Code for the purpose of
identifying prize winners who owe amounts to the state or a political
subdivision.

(B)
If a person is entitled to a prize award from a video lottery
terminal that meets or exceeds the reportable winnings amount set by
26 U.S.C. 6041 and the person is indebted to the state for the
payment of any tax, workers' compensation premium, unemployment
contribution, payment in lieu of unemployment contribution, or
certified claim under section 131.02 or 131.021 of the Revised Code,
is indebted to a political subdivision that has a certified claim
under section 131.02 of the Revised Code, owes lottery sales receipts
held in trust on behalf of the state lottery commission as described
in division (H)(4) of section 3770.05 of the Revised Code, or owes
any charge, penalty, or interest arising from any of those debts, the
video lottery sales agent shall deduct from the prize award and pay
to the attorney general an amount in satisfaction of the debt and pay
any remainder to that person. If the amount of the prize award is
less than the amount of the debt, the entire amount of the prize
award shall be deducted and paid in partial satisfaction of the debt.

(C)
If a person entitled to a prize award from a video lottery terminal
owes more than one debt, any debt owed to the state shall be
satisfied first, subject to both section 5739.33 and division (G) of
section 5747.07 of the Revised Code having first priority, and
subject to division (D) of this section.

(D)
Any debt owed under section 3770.074 of the Revised Code shall be
satisfied with first priority over debts owed under this section.

(E)
Except as provided in section 131.021 of the Revised Code, this
section applies only to debts that have become final.

Sec.
3770.10.
As
used in sections 3770.07 to
3770.073

3770.075

and
3770.10 to 3770.14 of the Revised Code:

(A)
"Court of competent jurisdiction" means either the general
division or the probate division of the court of common pleas of the
county in which the prize winner
or
transferor
resides,
or, if the prize winner
or
transferor
is
not a resident of this state, either the general division or the
probate division of the court of common pleas of Franklin county or a
federal court having jurisdiction over the lottery prize award.

(B)
"Discounted present value" means the present value of the
future payments of a lottery prize award that is determined by
discounting those payments to the present, using the most recently
published applicable federal rate for determining the present value
of an annuity as issued by the United States internal revenue service
and assuming daily compounding.

(C)
"Independent professional advice" means the advice of
an
attorney, a certified public accountant, an actuary, or any other
a

licensed
professional adviser if all of the following apply:

(1)
The prize winner has engaged the services of the licensed
professional adviser to render advice concerning the legal
,
financial,

and other implications of a transfer of the lottery prize award.

(2)
The licensed professional adviser is not affiliated in any manner
with or compensated in any manner by the transferee of the lottery
prize award.

(3)
The compensation of the licensed professional adviser is not affected
by whether or not a transfer of a lottery prize award occurs.

(D)
"Prize winner" means any person that holds the right to
receive all or any part of a lottery prize award as a result of being
any of the following:

(1)
A person who is a claimant under division (A) of section 3770.07 of
the Revised Code;

(2)
A person who is entitled to a prize award and who is under a legal
disability as described in division (B) of section 3770.07 of the
Revised Code;

(3)
A person who was awarded a prize award to which another has claimed
title by a federal bankruptcy court order or other court order
referred to in division (D) of section 3770.07 of the Revised Code;

(4)
A person who is receiving payments upon the death of a prize winner
as provided in division (D) of section 3770.07 of the Revised Code.

(E)
"Transfer" means any form of sale, assignment, or
redirection of payment of
all
or any part
the
remainder
of
a lottery prize award for consideration.

(F)
"Transfer agreement" means an agreement that is complete
and valid, and that provides for the transfer of
all
or any part
the
remainder
of
a lottery prize award from a
transferor

prize
winner
to
a transferee. A transfer agreement is incomplete and invalid unless
the agreement contains both of the following:

(1)
A statement, signed by the
transferor

prize
winner
under
penalties of perjury, that the
transferor

prize
winner
irrevocably
agrees that the
transferor

prize
winner
is
subject to the tax imposed by Chapter 5733. or 5747. of the Revised
Code with respect to gain or income which the
transferor

prize
winner
will
recognize in connection with the transfer.
If
the transferor is a pass-through entity, as defined in section
5733.04 of the Revised Code, each investor in the pass-through entity
shall also sign under penalties of perjury a statement that the
investor irrevocably agrees that the investor is subject to the tax
imposed by Chapter 5733. or 5747. of the Revised Code with respect to
gain or income which the transferor and the investor will recognize
in connection with the transfer.

(2)
A statement, signed by the transferee, that the transferee
irrevocably agrees that the transferee is subject to the withholding
requirements imposed by division (C) of section 3770.072 of the
Revised Code and that the transferee is subject to the tax imposed by
Chapter 5733. or 5747. of the Revised Code with respect to gain or
income which the transferee will recognize in connection with
a

lottery
prize
awards

award

to
be received as a result of the transfer. If the transferee is a
pass-through entity, as defined in section 5733.04 of the Revised
Code, each investor in the pass-through entity shall also sign under
penalties of perjury a statement setting forth that the investor
irrevocably agrees that the investor is subject to the withholding
requirements imposed by division (C) of section 3770.072 of the
Revised Code and is subject to the tax imposed by Chapter 5733. or
5747. of the Revised Code with respect to gain or income which the
transferee and the investor will recognize in connection with
a

lottery
prize
awards

award

to
be received as a result of the transfer.

(G)
"Transferee" means a party acquiring or proposing to
acquire
all
or any part
the
remainder
of
a lottery prize award
from
a prize winner
through
a transfer.

(H)

"Transferor"
means either a prize winner or a transferee in an earlier transfer
whose interest is acquired by or is sought to be acquired by a
transferee or a new transferee through a transfer.
"Licensed
professional adviser" means any of the following:

(1)
An attorney;

(2)
A certified public accountant;

(3)
An actuary;

(4)
A financial planner who is accredited by a nationally recognized
accreditation agency.

(I)
"Lottery prize award" includes winnings from lottery sports
gaming
,
except as otherwise specified in the applicable section of the
Revised Code
.

(J)
"Video lottery terminal" has the same meaning as in section
3770.21 of the Revised Code.

(K)
"Video lottery sales agent" means an agent of the state
lottery authorized to operate video lottery terminals under section
3770.21 of the Revised Code.

Sec.
3770.12.
A
court of competent jurisdiction shall approve a transfer of a lottery
prize award only in a final order that is based on express findings
of the court. The court shall approve the transfer if each of the
following conditions that applies is met and is included in the
court's express findings:

(A)

If
the transferor is a prize winner, the
The

transferee
has provided to the prize winner a disclosure statement that complies
with section 3770.11 of the Revised Code, and the prize winner has
confirmed the prize winner's receipt of the disclosure statement, as
evidenced by the prize winner's notarized signature on a copy of the
disclosure statement.

(B)

If
the transferor is a
The

prize
winner
,
the prize winner

has received independent professional advice regarding the legal
,
financial,

and other implications of the transfer
,
as evidenced by a statement signed under penalty of perjury by the
prize winner and the licensed professional adviser
.

(C)
The transferee has given written notice of the transferee's name,
address, and taxpayer identification number to the state lottery
commission and has filed a copy of that notice with the court in
which the application for approval of the transfer was filed.

(D)
The transferee is a trust, limited partnership, general partnership,
corporation, professional association, limited liability company, or
other entity that is qualified to do business in this state and meets
the registration requirements for that type of entity under Title
XVII of the Revised Code.

(E)
The transfer complies with all applicable requirements of the Revised
Code and does not contravene any applicable statute or court order.

(F)
The transfer does not include or cover the amounts of the lottery
prize award that are required to be withheld or deducted pursuant to
section 3119.80, 3119.81, 3121.02, 3121.03, 3123.06, 3770.071, or
3770.072 of the Revised Code.

(G)
Any amounts described in division (F) of this section that are
required to be withheld or deducted, as of the date of the court
order, will be offset by the commission first against remaining
payments due the
transferor

prize
winner
and
then against payments due the transferee.

(H)
Except as provided in divisions (F) and (G) of this section, that the

transferor's

prize
winner's
interest
in each and all of the future payments from a particular lottery
prize award is to be paid to a single transferee
,
or, if the payments from the lottery prize award are to be directed
from the state lottery commission to multiple transferees, the
commission has promulgated rules under section 3770.03 of the Revised
Code permitting transfers to multiple transferees, and the transfer
is consistent with those rules
.

(I)
If the lottery prize award has been transferred within twelve months
immediately preceding the effective date of the proposed transfer,
the state lottery commission has not objected to the proposed
transfer. The court shall presume that the requirements of this
division are met unless the commission notifies the court in writing
before the hearing on the application for transfer, or through
counsel at that hearing, that a transfer of the same lottery prize
award has been made within that twelve-month period and that the
commission objects to a subsequent transfer within that twelve-month
period. The court shall find that the requirements of this division
are not met if the commission provides notice of a prior transfer of
the same lottery prize award within that twelve-month period and its
objection to the proposed transfer, unless the transferor or
transferee shows by clear and convincing evidence that no previous
transfer of the same lottery prize award occurred within that
twelve-month period. For purposes of this division, any of a series
of transfers of a lottery prize award that occur simultaneously as
part of a single transaction shall not be considered to be a prior
transfer of the lottery prize award within the twelve-month period
immediately preceding the effective date of the proposed transfer,
provided that the condition set forth in division (C) of this section
is met.

If
the court determines that all of the conditions in divisions (A) to

(I)

(H)

of
this section that apply are met, the transfer of the lottery prize
award shall be presumed to be fair and reasonable and in the best
interests of the prize winner.

Sec.
3770.121.
Any
state lottery commission rules allowing lottery prize awards to be
paid in installments also shall allow a prize winner who is being
paid a prize award in that manner to transfer
all
or a portion of
the
remainder of the prize award, subject to each of the following
conditions:

(A)

If
each transfer is for less than one hundred per cent of the remainder
of the prize award, the remainder of the prize award for each
transfer must be five hundred thousand dollars or greater at the time
of the transfer. If the lottery prize award is a lifetime prize, for
each transfer the remainder of the minimum guaranteed prize to which
the prize winner is entitled must be five hundred thousand dollars or
greater at the time of the transfer.

(B)

Payments
of the prize award transferred shall be subject to the withholding or
deduction of any amounts that are required to be withheld or deducted
under section 3119.80, 3119.81, 3121.02, 3121.03, 3123.06, 3770.071,
or 5747.062 of the Revised Code.

(C)
The maximum number of transfers
(B)
Only one transfer is permitted
under
this section with respect to any single prize award
shall
not exceed three
unless
a greater number
of
permitted transfers
has
been specified by the commission in the rules.

Sec.
3770.13.
(A)
A transferee shall file an application under sections 3770.10 to
3770.14 of the Revised Code for the approval in advance of a transfer
of a lottery prize award in a court of competent jurisdiction.

(B)
The following procedures shall apply to an application for the
approval in advance by a court of a transfer of a lottery prize award
under division (A) of this section:

(1)
Upon the filing of the application, the court shall set a date, time,
and place for a hearing on the application and shall notify the
transferee and
transferor

the
prize winner
of
the date, time, and place of the hearing.

(2)
Not less than thirty days prior to the date set by the court for the
hearing on an application filed pursuant to this section, the
transferee shall file with the court and shall serve on the state
lottery commission, in the manner prescribed in the Rules of Civil
Procedure for the service of process, a notice of the proposed
transfer and the application for its approval in advance. The notice
shall include all of the following:

(a)
A copy of the application;

(b)
A copy of the transfer agreement

or,
if the transferor is not a prize winner, a redacted copy of the
transfer agreement that discloses sufficient information to allow the
commission and the court to determine the validity of the transfer
agreement
;

(c)

If
the transferor is a prize winner, a
A

copy
of the disclosure statement provided by the transferee pursuant to
section 3770.11 of the Revised Code and signed by the prize winner
pursuant to division (A) of section 3770.12 of the Revised Code;

(d)

A
statement, signed under penalty of perjury by the prize winner and a
licensed professional adviser, that the prize winner has received
independent professional advice regarding the legal, financial, and
other implications of the transfer;

(e)

The
amounts and due dates of the lottery prize award payments that will
be transferred under the transfer agreement;

(e)

(f)

Notification
of the date, time, and place of the hearing on the application;

(f)

(g)

The
complete name, address, and taxpayer identification number of the
transferee.

(3)
The commission shall not be required to appear in or be named as a
party to a hearing on the application, but may intervene as of right
in the proceeding.

(4)
At the conclusion of the hearing on an application under this
section, the court may grant or deny the approval of the transfer.
The court shall enter its order accordingly. If the court grants the
approval of the transfer, it shall include in its order all of the
express findings specified in section 3770.12 of the Revised Code. If
the court denies the approval of the transfer, it shall include in
its order the reasons for the denial.

(5)
An order of the court made under division (B)(4) of this section is a
final and appealable order.

Sec.
3770.25.
(A)
The state lottery commission shall offer lottery sports gaming only
at type C sports gaming hosts' facilities on self-service or
clerk-operated terminals, and only to individuals who are at least
twenty-one years of age and who are physically present on the
premises of the facility.

(B)
All of the following apply concerning lottery sports gaming:

(1)
If a type C sports gaming proprietor intends to install more than two
terminals in any type C sports gaming host's facility, the type C
sports gaming proprietor shall notify the Ohio casino control
commission of that fact not later than seven days before installing
the additional terminals. The commission may disallow the
installation of more than two terminals in the facility, in
accordance with the commission's rules.

(2)
The self-service terminal or the clerk, as applicable, shall verify
that the lottery sports gaming participant is at least twenty-one
years of age.

(3)
A type C sports gaming proprietor may offer only the following types
of wagers on sporting events, as approved by the Ohio casino control
commission:

(a)
Spread wagers;

(b)
Over-under wagers;

(c)
Moneyline wagers;

(d)
Parlay wagers that are based on not more than four component wagers.

(4)
A self-service terminal or clerk shall accept wagers only by cash,
credit card, debit card, or electronic payment account. As used in
this section, "electronic payment account" means an account
maintained with a third party for purposes of making electronic
payments, such as paypal, google pay, or apple pay, that is intended
for general use and not only for sports gaming purposes.

(5)
A self-service terminal or clerk shall not accept wagers aggregating
more than seven hundred dollars in a calendar week from any one
participant.

(6)
The rules of the Ohio casino control commission and the state lottery
commission concerning lottery sports gaming shall apply identically
in all applicable respects to lottery sports gaming offered on a
self-service terminal and to lottery sports gaming offered on a
clerk-operated terminal.

(C)(1)
A participant whose winnings from lottery sports gaming are of an
amount that
is
not subject to withholding under section 718.031, 3770.071, 3770.072,
or 3770.073 of the Revised Code
does
not meet or exceed the reportable winnings amount set by 26 U.S.C.
6041
may
receive the participant's winnings by any of the following methods:

(a)
As a credit to the participant's credit card, debit card, or
electronic payment account
.
;

(b)
In cash from any type C sports gaming host;

(c)
By any additional method permitted by the state lottery commission by
rule.

(2)
A participant whose winnings from lottery sports gaming are of an
amount that
is
subject to withholding under section 718.031, 3770.071, 3770.072, or
3770.073 of the Revised Code
meets
or exceeds the reportable winnings amount set by 26 U.S.C. 6041
may
receive the participant's winnings in the
same

manner

as
any other
determined
by the state
lottery

prize
award of an amount that is subject to
commission,
subject to
withholding

by
the sports gaming proprietor
under

those

sections

718.031,
3123.90, 3775.16, and 5747.063 of the Revised Code or subject to
withholding by the state lottery commission under sections 718.031,
3770.071, 3770.073, and 5747.062 of the Revised Code, as applicable
.

Sec.
3772.02.
(A)
There is hereby created the Ohio casino control commission described
in Section 6(C)(4) of Article XV, Ohio Constitution.

(B)
The commission shall consist of seven members appointed within one
month of September 10, 2010, by the governor with the advice and
consent of the senate. The governor shall forward all appointments to
the senate within twenty-four hours.

(1)
Each commission member is eligible for reappointment at the
discretion of the governor. No commission member shall be appointed
for more than three terms in total.

(2)
Each commission member shall be a resident of Ohio.

(3)
At least one commission member shall be experienced in law
enforcement and criminal investigation.

(4)
At least one commission member shall be a certified public accountant
experienced in accounting and auditing.

(5)
At least one commission member shall be an attorney admitted to the
practice of law in Ohio.

(6)
At least one commission member shall be a resident of a county where
one of the casino facilities is located.

(7)
Not more than four commission members shall be of the same political
party.

(8)
No commission member shall have any affiliation with an Ohio casino
operator or facility or with a sports gaming proprietor, mobile
management services provider, or management services provider
licensed under Chapter 3775. of the Revised Code.

(C)
Commission members shall serve four-year terms, except that when the
governor makes initial appointments to the commission under this
chapter, the governor shall appoint three members to serve four-year
terms with not more than two such members from the same political
party, two members to serve three-year terms with such members not
being from the same political party, and two members to serve
two-year terms with such members not being from the same political
party.

(D)
Each commission member shall hold office from the date of appointment
until the end of the term for which the member was appointed. Any
member appointed to fill a vacancy occurring before the expiration of
the term for which the member's predecessor was appointed shall hold
office for the remainder of the unexpired term. Any member shall
continue in office after the expiration date of the member's term
until the member's successor takes office, or until a period of sixty
days has elapsed, whichever occurs first. A vacancy in the commission
membership shall be filled in the same manner as the original
appointment.

(E)
The governor shall select one member to serve as chairperson and the
commission members shall select one member from a different party
than the chairperson to serve as vice-chairperson. The governor may
remove and replace the chairperson at any time. No such member shall
serve as chairperson for more than six successive years. The
vice-chairperson shall assume the duties of the chairperson in the
absence of the chairperson. The chairperson and vice-chairperson
shall perform but shall not be limited to additional duties as are
prescribed by commission rule.

(F)
A commission member is not required to devote the member's full time
to membership on the commission. Beginning on September 29, 2015,
each member of the commission shall receive compensation of fifty
thousand dollars per year. Beginning July 1, 2016, each member of the
commission shall receive compensation of forty thousand dollars per
year. Beginning July 1, 2017, each member of the commission shall
receive compensation of thirty thousand dollars per year. Each member
shall receive the member's actual and necessary expenses incurred in
the discharge of the member's official duties.

(G)
The governor shall not appoint an individual to the commission, and
an individual shall not serve on the commission, if the individual is
ineligible to be appointed or retained under section 3772.07 of the
Revised Code. A member who comes under indictment or bill of
information of an offense that, if the member were convicted of the
offense, would make the member ineligible to be appointed or retained
under that section shall resign from the commission immediately upon
indictment.

(H)
At least five commission members shall be present for the commission
to meet. The concurrence of four members is necessary for the
commission to take any action. All members shall vote on the adoption
of rules, and the approval of, and the suspension or revocation of,
the licenses of casino operators or management companies, unless a
member has a written leave of absence filed with and approved by the
chairperson.

(I)
A commission member may be removed or suspended from office in
accordance with section 3.04 of the Revised Code.

(J)
Each commission member, before entering upon the discharge of the
member's official duties, shall make an oath to uphold the Ohio
Constitution and laws of the state of Ohio and shall give a bond,
payable by the commission, to the treasurer of state, in the sum of
ten thousand dollars with sufficient sureties to be approved by the
treasurer of state, which bond shall be filed with the secretary of
state.

(K)
The commission shall hold one regular meeting each month and shall
convene other meetings at the request of the chairperson or a
majority of the members. A member who fails to attend at least
three-fifths of the regular and special meetings of the commission
during any two-year period forfeits membership on the commission. All
meetings of the commission shall be open meetings under section
121.22 of the Revised Code except as otherwise allowed by law.

(L)

Pursuant
to divisions (A)(3) and (9) of section 101.82 of the Revised Code,
the
The

commission
is exempt from the requirements of sections 101.82 to 101.87 of the
Revised Code.

Sec.
3775.16.
(A)
Pursuant to section 131.02 of the Revised Code, the attorney general
shall develop and implement a real time data match program and make
it available to each sports gaming proprietor to identify patrons who
owe amounts to the state or a political subdivision.

(B)(1)

Before

Subject
to division (E) of this section, before
disbursing
any sports gaming winnings to a patron in an amount for which
reporting to the internal revenue service of the amount is required
by section 6041 of the Internal Revenue Code, as amended, a sports
gaming proprietor shall consult the data match program to determine
whether the patron owes any amounts to the state or a political
subdivision. If the data match program indicates that the patron owes
any amounts to the state or a political subdivision, the sports
gaming proprietor shall withhold from the patron's winnings an amount
sufficient to satisfy those amounts, up to the amount of the
winnings.

(2)
If the data match program described in section 3123.90 of the Revised
Code indicates that the patron also is in default under a support
order, the sports gaming proprietor shall transmit to the department
of job and family services an amount sufficient to satisfy any past
due support owed by the patron, up to the amount of the winnings,
before transmitting any remaining amount to the attorney general
under division (C) of this section.

(C)(1)
Not later than fourteen days after withholding an amount under
division (B) of this section, the sports gaming proprietor shall
transmit to the attorney general any amount withheld and not already
disbursed to the department of job and family services under section
3123.90 of the Revised Code as payment on the amount owed.

(2)
If the patron owes more than one amount to the state or a political
subdivision as identified by the data match program described in this
section, the amount owed to the state shall be satisfied first,
except that any amounts owed under section 5739.33 and division (G)
of section 5747.07 of the Revised Code shall have first priority.

(D)
Except as otherwise provided in section 131.021 of the Revised Code,
this section applies only to amounts owed that have become final.

(E)

A
sports gaming proprietor that offers lottery sports gaming through a
terminal described in division (B)(3) of section 3770.24 of the
Revised Code shall not withhold amounts under this section from
winnings from wagers placed through that terminal. The state lottery
commission shall withhold amounts from those winnings under section
3770.073 of the Revised Code.

(F)

The
attorney general, in consultation with the commission, may adopt
rules under Chapter 119. of the Revised Code as necessary to
implement this section.

Sec.
3780.02.
Authorization
and purpose.

(A)
Controlled and regulated sales and use of adult use cannabis shall be
permitted under this chapter for the following public purposes:

(1)
Reducing illegal marijuana sales and providing for a safer and
regulated cannabis product;

(2)
Limiting the transportation of out-of-state cannabis into the state;

(3)
Providing key funding to
support
social equity, job creation, host communities that have adult use
dispensaries, cannabis research, and proper oversight and regulation
of the adult cannabis industry; and

(4)
Improving social equity issues to address the state's compelling
interest to redress past and present effects of discrimination and
economic disadvantage for individuals in the state
fund
the needs of the state
.

(B)
Adult use cannabis shall only be sold to, or used by, an adult use
consumer pursuant to this chapter unless otherwise authorized
pursuant to the Revised Code.

(C)
Nothing in this chapter shall limit any sale, use, possession, or any
other activity authorized by Chapter 3796
.

of the Revised Code.

Sec.
3780.03.
Establishment
and authority of division of cannabis control; adoption of rules.

(A)
There is hereby established a division of cannabis control within the
department of commerce.

(B)
To ensure the proper oversight and control of the adult use cannabis
industry, the division of cannabis control shall have the authority
to license, regulate, investigate, and penalize adult use cannabis
operators, adult use testing laboratories
,

and individuals required to be licensed under this chapter.

(C)
The division of cannabis control shall adopt, and as advisable and
necessary shall amend or repeal, rules on the following:

(1)
Prevention of practices detrimental to the public interest consistent
with this chapter, and also ways to educate the public about this
chapter;

(2)
Establishing application, licensure
,

and renewal standards and procedures for license applicants or
license holders related to adult use cannabis operators, adult use
testing laboratories, and individuals required to be licensed,
including any additional background check requirements, the
disqualifying offenses under section 3780.01 of the Revised Code that
prohibit licensure, and any exemption criteria from licensing
requirements for institutional or private investors who do not have
significant control or influence over a license applicant or license
holder, and whose ownership in a license is for investment purposes
only;

(3)
Establishing reasonable application, licensure
,

and renewal fees amounts to ensure license applicants and license
holders under this chapter pay for the actual costs for
administration and licensure for the division of cannabis control;

(4)
Establishing standards for provisional licenses for an individual who
is required to be licensed and who has exigent circumstances. Such
standards for provisional licenses must include submission of a
complete application and compliance with a required background check.
A provisional license shall be valid not longer than three months. A
provisional license may be renewed, at the division of cannabis
control's discretion, for an additional three months. In establishing
standards with regard to instant background checks the division of
cannabis control may use all available resources
;
.

(5)
Specifying the process and reasons for which a license holder may be
fined, suspended either with or without a prior hearing, revoked, or
not renewed or issued;

(6)
The process and requirements for division of cannabis control
approval of any requested change in ownership or transfer of control
of an adult use cannabis operator or adult use testing laboratory;

(7)
Establishing
process

processes

and
standards for expanding the size of the cultivation area for a
cultivation facility;

(8)
Establishing standards and procedures for the testing of adult use
cannabis by an adult use testing laboratory licensed under this
chapter. When establishing standards and procedures for the testing
of cannabis, the division of cannabis control shall do all of the
following:

(a)
Specify when testing must be conducted;

(b)
Determine the minimum amount of adult use cannabis that must be
tested;

(c)
Specify the manner in which testing is to be conducted in an effort
to ensure uniformity of cannabis products processed
for

and
dispensed; and

(d)
Specify the manner in which test results are provided.

(9)
The minimum amount of insurance or surety bond that must be
maintained by an adult use cannabis operator and adult use testing
laboratory;

(10)
Requiring the division of cannabis control to adopt reasonable
standards for any adult use cannabis samples, and advertising as
prescribed in section 3780.21 of the Revised Code;

(11)
Requiring that the records, including financial statements, of an
adult use cannabis operator or adult use testing laboratory be
maintained in the manner up to two years as prescribed by the
division of cannabis control and which shall be made available for
inspection upon demand by the division of cannabis control, but shall
be subject to section 3780.31 of the Revised Code;

(12)
Prescribing technical standards and requirements consistent with
industry standards that must be met for security and surveillance
equipment necessary for the provision of security and surveillance of
adult use cannabis operators and adult use testing laboratories;

(13)
Prescribing requirements for a license holder's provision of security
services for an adult use cannabis operator and adult use testing
laboratories which shall include the license holder's option to use
armed or unarmed services including through agents of the license
holder;

(14)
Prescribing standards according to which license holders shall keep
accounts and standards according to which adult use cannabis
operators and adult use testing laboratories accounts shall be
audited, and establish guidance for assisting the department of
taxation in levying and collecting the adult use tax levied under
section 3780.22 of the Revised Code;

(15)
Determining penalties for violation of division of cannabis control
rules or this chapter, and a process for imposing such penalties;

(16)
Training requirements for employees and agents of adult use cannabis
operators and adult use laboratories;

(17)
Prescribing standards and procedures to allow for adult use cannabis
delivery to adult use consumers, and online and mobile ordering
procedures, which may only be conducted by an adult use dispensary or
their agent;

(18)
Prescribing cannabis inventory requirements to be maintained in an
electronic database consistent with section 3780.05 of the Revised
Code;

(19)
Prescribing standards and procedures for product packaging and
labeling of adult use cannabis products;

(20)

Prescribing
standards and procedures in coordination with the department of
development to administer and enforce the cannabis social equity and
jobs program as prescribed under 3780.19 of the Revised Code;

(21)

Establishing
a tetrahydrocannabinol content limit for adult use cannabis, which
for plant material the content limit shall be
no

not

less
than thirty-five per cent and for extracts the content limit shall be

no

not

less
than ninety per cent, but that such content limits may be increased
or eliminated by the division of cannabis control; and

(22)
(21)

Prescribing duty to update requirements for license holders.

(D)
All rules adopted under this section and chapter shall be adopted in
accordance with Chapter 119
.

of
the Revised Code.

(E)
In addition to the rules described in division (C) of this section,
the division of cannabis control may adopt any other rules it
considers necessary for the administration, implementation, and
enforcement of this chapter consistent with this chapter.

(F)
When adopting rules under this section, the division of cannabis
control shall consider standards and procedures that have been found
to be best practices relative to the use and regulation of adult use
cannabis and shall harmonize any rules with the rules adopted
pursuant to sections 3796.03 and 3796.04 of the Revised Code to
minimize duplication of operational requirements and fees as much as
possible. If there is a conflict with Chapter 3796
.
of the Revised Code

and related rules, and
chapter

Chapter

3780
.

of the Revised Code and related rules, then
chapter

Chapter

3780
.
of the Revised Code

and related rules shall govern.

Sec.
3780.06.
Information
provided by the department of taxation.

(A)(1)
Notwithstanding section 149.43 of the Revised Code or any other
public records law to the contrary or any law relating to the
confidentiality of tax return information, upon the request of the
division of cannabis control, the department of taxation shall
provide to the division of cannabis control all of the following
information:

(a)
Whether an applicant for license

or
licensee

under this chapter follows the applicable tax laws of this state;

(b)
Any past or pending violation by the applicant
or
licensee
of
those tax laws, and any penalty imposed on the applicant

or
licensee

for such a violation.

(2)
The division of cannabis control shall request the information only
as it pertains to an application for license that the division of
cannabis control is reviewing

or
a licensee operating under this chapter
.

(3)
The department of taxation may charge the division of cannabis
control a reasonable fee to cover the administrative cost of
providing the information.

(B)
Information received under this section is confidential. Except as
otherwise permitted by other state law or federal law, the division
of cannabis control shall not make the information available to any
person other than the applicant for licensure

or
the licensee

to whom the information applies.

Sec.
3780.10.
Adult
use cannabis operator and adult use testing laboratory licenses.

(A)
No person shall operate as an adult use cannabis operator or adult
use testing laboratory without a license issued pursuant to this
chapter.

(B)
The following licenses shall be issued by the division of cannabis
control within nine months of
the
effective date of this section
December
7, 2023,
if
the license applicant is in compliance with section 3780.11 of the
Revised Code and this chapter, and the license applicant
has
,
or the same owners of the license applicant
,

have
,

a
certificate of operation or medical provisional license issued as of

the
effective date of this section

December
7, 2023
:

(1)
A dispensary issued a certificate of operation or medical provisional
license shall be issued an adult use dispensary license under this
chapter for the current location of the dispensary;

(2)
A level I cultivator issued a certificate of operation or medical
provisional license shall be issued under this chapter three adult
use dispensary licenses at locations designated in a license
application, and one level I adult use cultivator license for the
current location of the level I cultivation facility;

(3)
A level II cultivator issued a certificate of operation or medical
provisional license shall be issued under this chapter one adult use
dispensary license at a location designated in the license
application, and one level II adult use cultivator license for the
current location of the level II cultivation facility;

(4)
A dispensary issued a certificate of operation or medical provisional
license shall be issued under this chapter one adult use dispensary
license at a different location as designated in the license
application if the dispensary does not have any common ownership or
control with any level I adult use cultivator, level II adult use
cultivator, or adult use processor license applicant or licensee;

(5)
A processor issued a certificate of operation or medical provisional
license shall be issued under this chapter one adult use processor
license for the current location of the processor; and

(6)
A testing laboratory issued a certificate of operation shall be
issued under this chapter one adult use testing laboratory license
for the current location of the testing laboratory.

Notwithstanding
anything in this section, a license shall not be issued pursuant to
division (B) of this section to a license applicant holding only a
related medical provisional license unless the medical provisional
license holder is issued a certificate of operation within two years
of

the
effective date of this section

December
7, 2023
.

(C)
The division of cannabis control shall issue up to forty level III
adult use cultivator licenses consistent with this chapter

with
preference provided to applicants who have been certified as cannabis
social equity and jobs program participants under the cannabis social
equity and jobs program pursuant to 3780.19 of this chapter
.
No person may have any ownership or control in more than one level
III adult use cultivator license under this chapter. No adult use
cultivator or adult use processor may have any ownership or control
in a level III adult use cultivator license.

(D)
The division of cannabis control shall issue up to fifty additional
adult use dispensary licenses in conformity with this chapter

with
preference provided to applicants who have been certified as cannabis
social equity and jobs program participants under the cannabis social
equity and jobs program
.

(E)
Following twenty-four months from the first date of issuance of an
adult use operator license, the division of cannabis control shall
review the number of adult use cannabis operator licenses on a
biannual basis and may authorize additional licenses after
considering:

(1)
The current and anticipated market growth and consumer demand,
including the number of adult use consumers seeking adult use
cannabis;

(2)
The current and projected supply of adult use cannabis produced by
licensed adult use cultivators, level III adult use cultivators, and
adult use processors; and

(3)
The geographic distribution of adult use dispensary sites in an
effort to ensure adult use customer access to adult use cannabis.

(F)(1)
The division of cannabis control shall provide a report and
recommendation within ninety days of the conclusion of the
requirements in division (E) of this section to the director for
consideration.

(2)
The division of cannabis control may adopt rules as necessary to
implement this division.

(3)
The division of cannabis control shall adopt a rule regarding the
number of licenses a license holder may hold for each type of license
consistent with this chapter. As of

the
effective date of this section

December
7, 2023
,
and notwithstanding any other provision of this chapter, no person
shall be issued more than eight adult use dispensary licenses,
and

not
more than one adult use cultivator license, and not more than one
adult use processor license at any time, unless authorized by the
division of cannabis control after an analysis supporting the
licensing pursuant to rule.

(G)
The division of cannabis control may authorize additional adult use
testing laboratory licenses at any time.

Sec.
3780.22.
(A)
Terms used in this section have the same meanings as in section
5739.01 of the Revised Code. As used in this section, "adult use
marijuana" means marijuana that is cultivated, processed,
dispensed, or tested for, or possessed or used by, an adult use
consumer, in accordance with this chapter.

(B)
For the purpose of funding the needs of the state and providing
funding for dispensary host communities, an excise tax is levied on
the retail sale of adult use marijuana. The rate of the tax shall
equal ten per cent of the price of adult use marijuana and is in
addition to other taxes levied under Chapters 5739. and 5741. of the
Revised Code.

(C)
The tax shall be paid by the consumer to the vendor at the time of
the sale, and the vendor shall report and remit the tax to the state
in the same manner and at the same time the vendor reports and remits
the tax levied under section 5739.02 of the Revised Code. The return
required under this division shall be filed on a form prescribed by
the tax commissioner, which shall be separate from the return
required to be filed under section 5739.12 of the Revised Code. A
vendor with no sales of adult use marijuana for a reporting period is
not required to file this separate return. For all purposes of the
Revised Code, the tax levied under this section shall be considered a
tax levied under section 5739.02 of the Revised Code.

(D)
For the same purpose as the tax levied under division (B) of this
section, a tax is levied on a vendor that sells any marijuana other
than adult use marijuana or medical marijuana to a consumer. That tax
equals ten per cent of the price of such marijuana, and the consumer
and vendor are liable for any amounts, including tax, interest, and
penalties, imposed under this section and chapter in the same manner
as a vendor subject to the tax imposed under division (B) of this
section.

(E)
For the purpose of receiving and distributing, and accounting for,
revenue received from the tax levied by this section, and any civil
penalty paid under division (B)(4) of section 3780.26 of the Revised
Code, the adult use tax fund and host community cannabis fund are
created in the state treasury. All moneys collected from that tax and
civil penalty shall be deposited into the adult use tax fund, which
is created in the state treasury, to be distributed as follows:

(1)
The director of budget and management shall transfer thirty-six per
cent of funds from the adult use tax fund to the host community
cannabis fund for the benefit of municipal corporations or townships
that have an adult use dispensary, and the municipal corporations or
townships may use such funds for any approved purpose. Distributions
to municipal corporations or townships shall be based on the
percentage of adult use tax attributable to each municipal
corporation or township.

(2)
All other revenue shall be credited to the general revenue fund.

Sec.
3780.24.
Tax
administration and enforcement.

The
tax commissioner shall administer and enforce
sections

section

3780.22

through
3780.23
of

this
chapter

the
Revised Code
.
In addition to any other powers conferred upon the tax commissioner
by law, the tax commissioner may:

(A)
Prescribe all forms that are required to be filed under
sections

section

3780.22

through
3780.23
of

this
chapter

the
Revised Code
;

(B)
Adopt rules that are necessary and proper to carry out section
3780.22
through
3780.23
of

this
chapter

the
Revised Code
;
and

(C)
Appoint professional, technical, and clerical employees as are
necessary to carry out the tax commissioner's duties under
sections

section

3780.22

through
3780.23
of

this
chapter

the
Revised Code
.

Sec.
3780.26.
Enforcement
authority of the division of cannabis control.

(A)
The division of cannabis control shall enforce, or cause to be
enforced, all sections of this chapter and the rules adopted
thereunder. If the division of cannabis control has information that
any provision of this chapter or that any rule adopted thereunder has
been violated, it may investigate the matter and take any reasonable
action as it considers appropriate.

(B)
The division of cannabis control may do any of the following for any
reason specified in rules adopted under section 3780.03 of the
Revised Code:

(1)
Suspend, suspend without prior hearing upon finding clear and
convincing evidence that continued distribution of adult use cannabis
presents a danger of immediate and serious harm to others, revoke,
restrict, or refuse to renew a license it issued under this chapter;

(2)
Refuse to issue a license unless a license is required in accordance
with this chapter;

(3)
Inspect the premises of an adult use cannabis operator or an adult
use testing laboratory without prior notice; or

(4)
Impose on a provisional license holder or license holder a civil
penalty in an amount to be determined by the division of cannabis
control through rule to be paid into the
division
of cannabis control and tax commissioner fund
adult
use tax fund created under section 3780.22 of the Revised Code
.

(C)
If the division of cannabis control suspends, revokes, or refuses to
renew any license issued under this chapter or determines that there
is clear and convincing evidence of a danger of immediate and serious
harm to any individual, the division of cannabis control may place
under seal all adult use cannabis owned by or in the possession,
custody, or control of the affected license holder. Except as
provided in this section, the division of cannabis control shall not
dispose of the adult use cannabis sealed under this section until the
license holder exhausts all of the license holder's appeal rights
under Chapter 119
.

of
the Revised Code. The court involved in such an appeal may order the
division of cannabis control, during the pendency of the appeal, to
sell cannabis that is perishable. The division of cannabis control
shall deposit the proceeds of the sale with the court.

(D)
The division of cannabis control's enforcement actions under this
section shall be taken in accordance with Chapter 119
.

of
the Revised Code.

(E)
Nothing in this chapter shall be construed to require the division of
cannabis control to enforce minor violations of this chapter if the
division of cannabis control determines that the public interest is
adequately served by a notice or warning to the alleged offender.

Sec.
3780.30.
Cannabis
addiction services; toll-free
telephone

numbers.

(A)
The division of cannabis control shall enter into an agreement with
the department of mental health and addiction services under which
the department shall provide a program for cannabis addiction
services to be implemented on behalf of the division of cannabis
control
,

which includes best practices for education and treatment for
individuals with addiction issues related to cannabis or other
controlled substances
,

including opioids.

(B)
The department of mental health and addiction services shall
establish, operate, and publicize an in-state, toll-free telephone
number Ohio residents may call to obtain basic information about
addiction services available to

consumer

consumers
,
and options for an addicted consumer to obtain help. The telephone
number shall be staffed twenty-four hours per day, seven days a week
in order to respond to inquiries and provide that information.
The
costs of establishing, operating, and publicizing the telephone
number shall be paid for with money in the substance abuse and
addiction fund.

(C)

The
director of mental health and addiction services shall administer the
substance abuse and addiction fund.
The
director shall
use
the money in the fund to
support
addiction services or other services that relate to addiction and
substance abuse, and research that relates to addiction and substance
abuse. Treatment and prevention services supported
by
money in the fund under this section
shall
be services that are certified by the department of mental health and
addiction services.

(D)

The
director mental health and addiction services shall prepare an annual
report describing the use of the fund for these purposes. The
director shall submit the report to the director of the department of
commerce, the speaker and minority leader of the house of
representatives, the president and minority leader of the senate, and
the governor.

(E)

License holders shall provide informational resources for patrons
related to cannabis addiction issues and services.

(F)
(E)

License holders shall provide training for their employees regarding
the cannabis addiction services resources for patrons related to this
section.

Sec.
3780.37.
(A)
As used in this section, "nonprofit corporation" has the
same meaning as in section 1702.01 of the Revised Code.

(B)
The division of cannabis control shall contract with a statewide
nonprofit corporation for the development and implementation of
cannabis and related drug misuse prevention, education, and public
awareness initiatives driven by data, evaluation, and research. The
contract must include a provision specifying a percentage of the
total funding for the initiatives, not less than ten per cent, to be
raised by the statewide nonprofit corporation through private
contributions.

(C)
The initiatives may include all of the following:

(1)
Providing evidence-based information on the potential health effects
of cannabis and related drug use among minors;

(2)
Disseminating educational resources regarding the risks associated
with cannabis and related drug use during pregnancy;

(3)
Conducting campaigns to inform the public about the dangers and legal
consequences of driving under the influence of cannabis and related
drugs;

(4)
Collaborating with employers and industry groups to develop and
distribute evidence-based resources to improve the health of Ohio's
workforce and promote workplace safety and recovery initiatives
focused on cannabis and related drug misuse.

(D)
The division shall oversee and evaluate the effectiveness of the
initiatives undertaken pursuant to this section and shall ensure that
those initiatives align with the public health and safety objectives
of this state.

(E)
The division shall annually compile a report detailing activities,
use of funds, and measurable outcomes resulting from the initiatives
undertaken pursuant to this section. The division shall submit the
report to the general assembly in accordance with section 101.68 of
the Revised Code.

Sec.
3781.10.
(A)(1)
The board of building standards shall formulate and adopt rules
governing the erection, construction, repair, alteration, and
maintenance of all buildings or classes of buildings specified in
section 3781.06 of the Revised Code, including land area incidental
to those buildings, the construction of industrialized units, the
installation of equipment, and the standards or requirements for
materials used in connection with those buildings. The board shall
incorporate those rules into separate residential and nonresidential
building codes. The standards shall relate to the conservation of
energy and the safety and sanitation of those buildings.

(2)
(2)(a)

The rules governing nonresidential buildings are the lawful minimum
requirements specified for those buildings and industrialized units,
except that no rule other than as provided in division (C) of section
3781.108 of the Revised Code that specifies a higher requirement than
is imposed by any section of the Revised Code is enforceable.

(b)

The
rules governing residential buildings are uniform requirements
for
residential buildings
in
any area with a building department certified to enforce the state
residential building code

in
accordance with division (E) of this section, for both of the
following:

(i)
The erection and construction of new residential buildings;

(ii)
The repair and alteration of existing residential buildings
.

(c)

In
no case shall any local code or regulation differ from the state
residential building code
for
either the erection and construction of new residential buildings or
for the repair and alteration of existing residential buildings

unless
that code or regulation addresses subject matter not addressed by the
state residential building code or is adopted pursuant to section
3781.01 of the Revised Code.

(3)
The rules adopted pursuant to this section are complete, lawful
alternatives to any requirements specified for buildings or
industrialized units in any section of the Revised Code. Except as
otherwise provided in division (I) of this section, the board shall,
on its own motion or on application made under sections 3781.12 and
3781.13 of the Revised Code, formulate, propose, adopt, modify,
amend, or repeal the rules to the extent necessary or desirable to
effectuate the purposes of sections 3781.06 to 3781.18 of the Revised
Code.

(B)
The board shall report to the general assembly proposals for
amendments to existing statutes relating to the purposes declared in
section 3781.06 of the Revised Code that public health and safety and
the development of the arts require and shall recommend any
additional legislation to assist in carrying out fully, in statutory
form, the purposes declared in that section. The board shall prepare
and submit to the general assembly a summary report of the number,
nature, and disposition of the petitions filed under sections 3781.13
and 3781.14 of the Revised Code.

(C)
On its own motion or on application made under sections 3781.12 and
3781.13 of the Revised Code, and after thorough testing and
evaluation, the board shall determine by rule that any particular
fixture, device, material, process of manufacture, manufactured unit
or component, method of manufacture, system, or method of
construction complies with performance standards adopted pursuant to
section 3781.11 of the Revised Code. The board shall make its
determination with regard to adaptability for safe and sanitary
erection, use, or construction, to that described in any section of
the Revised Code, wherever the use of a fixture, device, material,
method of manufacture, system, or method of construction described in
that section of the Revised Code is permitted by law. The board shall
amend or annul any rule or issue an authorization for the use of a
new material or manufactured unit on any like application. No
department, officer, board, or commission of the state other than the
board of building standards or the board of building appeals shall
permit the use of any fixture, device, material, method of
manufacture, newly designed product, system, or method of
construction at variance with what is described in any rule the board
of building standards adopts or issues or that is authorized by any
section of the Revised Code. Nothing in this section shall be
construed as requiring approval, by rule, of plans for an
industrialized unit that conforms with the rules the board of
building standards adopts pursuant to section 3781.11 of the Revised
Code.

(D)
The board shall recommend rules, codes, and standards to help carry
out the purposes of section 3781.06 of the Revised Code and to help
secure uniformity of state administrative rulings and local
legislation and administrative action to the bureau of workers'
compensation, the director of commerce, any other department,
officer, board, or commission of the state, and to legislative
authorities and building departments of counties, townships, and
municipal corporations, and shall recommend that they audit those
recommended rules, codes, and standards by any appropriate action
that they are allowed pursuant to law or the constitution.

(E)(1)
The board shall certify municipal, township, and county building
departments, the personnel of those building departments, persons
described in division (E)(7) of this section, and employees of
individuals, firms, the state, or corporations described in division
(E)(7) of this section to exercise enforcement authority, to accept
and approve plans and specifications, and to make inspections,
pursuant to sections 3781.03, 3791.04, and 4104.43 of the Revised
Code.

(2)
The board shall certify departments, personnel, and persons to
enforce the state residential building code

for
the erection and construction of new residential buildings
,
to enforce the nonresidential building code, or to enforce both the
residential and the nonresidential building codes.
A
department certified to enforce the state residential building code
for the erection and construction of new residential buildings may
also enforce the state residential building code for the repair and
alteration of existing residential buildings upon obtaining the
appropriate certification from the board, in accordance with this
section, for the department and its personnel.
Any
department, personnel, or person may enforce only the type of
building code for which certified.

(3)
The board shall not require a building department, its personnel, or
any persons that it employs to be certified for residential building
code enforcement if that building department does not enforce the
state residential building code. The board shall specify, in rules
adopted pursuant to Chapter 119. of the Revised Code, the
requirements for certification for residential and nonresidential
building code enforcement, which shall be consistent with this
division. The requirements for residential and nonresidential
certification may differ. Except as otherwise provided in this
division, the requirements shall include, but are not limited to, the
satisfactory completion of an initial examination and, to remain
certified, the completion of a specified number of hours of
continuing building code education within each three-year period
following the date of certification which shall be not less than
thirty hours. The rules shall provide that continuing education
credits and certification issued by the council of American building
officials, national model code organizations, and agencies or
entities the board recognizes are acceptable for purposes of this
division. The rules shall specify requirements that are consistent
with the provisions of section 5903.12 of the Revised Code relating
to active duty military service and are compatible, to the extent
possible, with requirements the council of American building
officials and national model code organizations establish.

(4)
The board shall establish and collect a certification and renewal fee
for building department personnel, and persons and employees of
persons, firms, or corporations as described in this section, who are
certified pursuant to this division.

(5)
Any individual certified pursuant to this division shall complete the
number of hours of continuing building code education that the board
requires or, for failure to do so, forfeit certification.

(6)
This division does not require or authorize the board to certify
personnel of municipal, township, and county building departments,
and persons and employees of persons, firms, or corporations as
described in this section, whose responsibilities do not include the
exercise of enforcement authority, the approval of plans and
specifications, or making inspections under the state residential and
nonresidential building codes.

(7)
Enforcement authority for approval of plans and specifications and
enforcement authority for inspections may be exercised, and plans and
specifications may be approved and inspections may be made on behalf
of a municipal corporation, township, or county, by any of the
following who the board of building standards certifies:

(a)
Officers or employees of the municipal corporation, township, or
county;

(b)
Persons, or employees of persons, firms, or corporations, pursuant to
a contract to furnish architectural, engineering, or other services
to the municipal corporation, township, or county;

(c)
Officers or employees of, and persons under contract with, a
municipal corporation, township, county, health district, or other
political subdivision, pursuant to a contract to furnish
architectural, engineering, or other services;

(d)
Officers or employees of the division of industrial compliance in the
department of commerce pursuant to a contract authorized by division
(B) of section 121.083 of the Revised Code.

(8)
Municipal, township, and county building departments have
jurisdiction within the meaning of sections 3781.03, 3791.04, and
4104.43 of the Revised Code, only with respect to the types of
buildings and subject matters for which they are certified under this
section.

(9)
A certified municipal, township, or county building department may
exercise enforcement authority, accept and approve plans and
specifications, and make inspections pursuant to sections 3781.03,
3791.04, and 4104.43 of the Revised Code for a park district created
pursuant to Chapter 1545. of the Revised Code upon the approval, by
resolution, of the board of park commissioners of the park district
requesting the department to exercise that authority and conduct
those activities, as applicable.

(10)
Certification shall be granted upon application by the municipal
corporation, the board of township trustees, or the board of county
commissioners and approval of that application by the board of
building standards. The application shall set forth:

(a)
Whether the certification is requested for residential or
nonresidential buildings, or both;

(b)

If
the certification is requested for residential buildings, whether the
requested certification is for only the erection and construction of
new residential buildings or also the repair and alteration of
existing residential buildings;

(c)

The
number and qualifications of the staff composing the building
department;

(c)
(d)

The names, addresses, and qualifications of persons, firms, or
corporations contracting to furnish work or services pursuant to
division (E)(7)(b) of this section;

(d)
(e)

The names of any other municipal corporation, township, county,
health district, or political subdivision under contract to furnish
work or services pursuant to division (E)(7) of this section;

(e)
(f)

The proposed budget for the operation of the building department
;

(g)
Whether the building department intends to accept plans examination
and inspection reports from a third-party examiner or inspector in
accordance with rules adopted by the board of building standards
pursuant to division (E)(15) of this section
.

(11)
The board of building standards shall adopt rules governing all of
the following:

(a)
The certification of building department personnel and persons and
employees of persons, firms, or corporations exercising authority
pursuant to division (E)(7) of this section. The rules shall
disqualify any employee of the department or person who contracts for
services with the department from performing services for the
department when that employee or person would have to pass upon,
inspect, or otherwise exercise authority over any labor, material, or
equipment the employee or person furnishes for the construction,
alteration, or maintenance of a building or the preparation of
working drawings or specifications for work within the jurisdictional
area of the department. The department shall provide other similarly
qualified personnel to enforce the residential and nonresidential
building codes as they pertain to that work.

(b)
The minimum services to be provided by a certified building
department.

(12)
The board of building standards may revoke or suspend certification
to enforce the residential and nonresidential building codes, on
petition to the board by any person affected by that enforcement or
approval of plans, or by the board on its own motion. Hearings shall
be held and appeals permitted on any proceedings for certification or
revocation or suspension of certification in the same manner as
provided in section 3781.101 of the Revised Code for other
proceedings of the board of building standards.

(13)
Upon certification, and until that authority is revoked, any county
or township building department shall enforce the residential and
nonresidential building codes for which it is certified without
regard to limitation upon the authority of boards of county
commissioners under Chapter 307. of the Revised Code or boards of
township trustees under Chapter 505. of the Revised Code.

(14)
The board shall certify a person to exercise enforcement authority,
to accept and approve plans and specifications, or to make
inspections in this state in accordance with Chapter 4796. of the
Revised Code if either of the following applies:

(a)
The person holds a license or certificate in another state.

(b)
The person has satisfactory work experience, a government
certification, or a private certification as described in that
chapter in the same profession, occupation, or occupational activity
as the profession, occupation, or occupational activity for which the
certificate is required in this state in a state that does not issue
that license or certificate.

(15)(a)
In addition to the personnel and persons certified by the board of
building standards pursuant to this section to enforce the state
residential building code and nonresidential building code, the board
may adopt rules authorizing certified municipal, township, and county
building departments to accept plans examination and inspection
reports from a third-party examiner or inspector.

(b)
The rules may require the third-party examiner or inspector be
certified pursuant to sections 3781.10 and 3783.03 of the Revised
Code and authorized to conduct such plans examination or inspection
elsewhere in this state or to demonstrate equivalent competency as
specified and determined by the board of building standards.

(c)
Fees charged by a third-party examiner or inspector are in addition
to any fees prescribed by the political subdivision pursuant to
section 3781.102 of the Revised Code and are the responsibility of
the building owner.

(d)
The issuance of certificates of plan approval under section 3791.04
of the Revised Code and certificates of occupancy or completion
remains the exclusive authority of the certified personnel employed
by or under contract with a certified municipal, township, and county
building department and shall not be issued by a third-party examiner
or inspector.

(F)
In addition to hearings sections 3781.06 to 3781.18 and 3791.04 of
the Revised Code require, the board of building standards shall make
investigations and tests, and require from other state departments,
officers, boards, and commissions information the board considers
necessary or desirable to assist it in the discharge of any duty or
the exercise of any power mentioned in this section or in sections
3781.06 to 3781.18, 3791.04, and 4104.43 of the Revised Code.

(G)
The board shall adopt rules and establish reasonable fees for the
review of all applications submitted where the applicant applies for
authority to use a new material, assembly, or product of a
manufacturing process. The fee shall bear some reasonable
relationship to the cost of the review or testing of the materials,
assembly, or products and for the notification of approval or
disapproval as provided in section 3781.12 of the Revised Code.

(H)
The residential construction advisory committee shall provide the
board with a proposal for a state residential building code that the
committee recommends pursuant to division (D)(1) of section 4740.14
of the Revised Code. Upon receiving a recommendation from the
committee that is acceptable to the board, the board shall adopt
rules establishing that code as the state residential building code.

(I)(1)
The committee may provide the board with proposed rules to update or
amend the state residential building code that the committee
recommends pursuant to division (E) of section 4740.14 of the Revised
Code.

(2)
If the board receives a proposed rule to update or amend the state
residential building code as provided in division (I)(1) of this
section, the board either may accept or reject the proposed rule for
incorporation into the residential building code. If the board does
not act to either accept or reject the proposed rule within ninety
days after receiving the proposed rule from the committee as
described in division (I)(1) of this section, the proposed rule shall
become part of the residential building code.

(J)
The board shall cooperate with the director of children and youth
when the director promulgates rules pursuant to section 5104.05 of
the Revised Code regarding safety and sanitation in type A family
child care homes.

(K)
The board shall adopt rules to implement the requirements of section
3781.108 of the Revised Code.

Sec.
3781.102.
(A)
Any county or municipal building department certified pursuant to
division (E) of section 3781.10 of the Revised Code as of September
14, 1970, and that, as of that date, was inspecting single-family,
two-family, and three-family residences, and any township building
department certified pursuant to division (E) of section 3781.10 of
the Revised Code, is hereby declared to be certified to inspect
single-family, two-family, and three-family residences containing
industrialized units, and shall inspect the buildings or classes of
buildings subject to division (E) of section 3781.10 of the Revised
Code.

(B)
Each board of county commissioners may adopt, by resolution, rules
establishing standards and providing for the licensing of electrical
and heating, ventilating, and air conditioning contractors who are
not required to hold a valid and unexpired license pursuant to
Chapter 4740. of the Revised Code.

Rules
adopted by a board of county commissioners pursuant to this division
may be enforced within the unincorporated areas of the county and
within any municipal corporation where the legislative authority of
the municipal corporation has contracted with the board for the
enforcement of the county rules within the municipal corporation
pursuant to section 307.15 of the Revised Code. The rules shall not
conflict with rules adopted by the board of building standards
pursuant to section 3781.10 of the Revised Code or by the department
of commerce pursuant to Chapter 3703. of the Revised Code. This
division does not impair or restrict the power of municipal
corporations under Section 3 of Article XVIII, Ohio Constitution, to
adopt rules concerning the erection, construction, repair,
alteration, and maintenance of buildings and structures or of
establishing standards and providing for the licensing of specialty
contractors pursuant to section 715.27 of the Revised Code.

A
board of county commissioners, pursuant to this division, may require
all electrical contractors and heating, ventilating, and air
conditioning contractors, other than those who hold a valid and
unexpired license issued pursuant to Chapter 4740. of the Revised
Code, to successfully complete an examination, test, or demonstration
of technical skills, and may impose a fee and additional requirements
for a license to engage in their respective occupations within the
jurisdiction of the board's rules under this division.

(C)
No board of county commissioners shall require any specialty
contractor who holds a valid and unexpired license issued pursuant to
Chapter 4740. of the Revised Code to successfully complete an
examination, test, or demonstration of technical skills in order to
engage in the type of contracting for which the license is held,
within the unincorporated areas of the county and within any
municipal corporation whose legislative authority has contracted with
the board for the enforcement of county regulations within the
municipal corporation, pursuant to section 307.15 of the Revised
Code.

(D)
A board may impose a fee for registration of a specialty contractor
who holds a valid and unexpired license issued pursuant to Chapter
4740. of the Revised Code before that specialty contractor may engage
in the type of contracting for which the license is held within the
unincorporated areas of the county and within any municipal
corporation whose legislative authority has contracted with the board
for the enforcement of county regulations within the municipal
corporation, pursuant to section 307.15 of the Revised Code, provided
that the fee is the same for all specialty contractors who wish to
engage in that type of contracting. If a board imposes such a fee,
the board immediately shall permit a specialty contractor who
presents proof of holding a valid and unexpired license and pays the
required fee to engage in the type of contracting for which the
license is held within the unincorporated areas of the county and
within any municipal corporation whose legislative authority has
contracted with the board for the enforcement of county regulations
within the municipal corporation, pursuant to section 307.15 of the
Revised Code.

(E)
The political subdivision associated with each municipal, township,
and county building department the board of building standards
certifies pursuant to division (E) of section 3781.10 of the Revised
Code may prescribe fees to be paid by persons, political
subdivisions, or any department, agency, board, commission, or
institution of the state, for the acceptance and approval of plans
and specifications, and for the making of inspections, pursuant to
sections 3781.03 and 3791.04 of the Revised Code.

(F)
Each political subdivision that prescribes fees pursuant to division
(E) of this section shall collect, on behalf of the board of building
standards, fees equal to the following:

(1)
Three per cent of the fees the political subdivision collects in
connection with nonresidential buildings;

(2)
One per cent of the fees the political subdivision collects in
connection with

the
erection of and construction of new

residential buildings

and,
if the political subdivision elects under division (E) of section
3781.10 of the Revised Code to enforce the state residential building
code for the repair and alteration of existing residential buildings,
one per cent of the fees the political subdivision collects in
connection with the repair and alteration of existing residential
buildings
.

(G)(1)
The board shall adopt rules, in accordance with Chapter 119. of the
Revised Code, specifying the manner in which the fee assessed
pursuant to division (F) of this section shall be collected and
remitted monthly to the board. The board shall pay the fees into the
state treasury to the credit of the industrial compliance operating
fund created in section 121.084 of the Revised Code.

(2)
All money credited to the industrial compliance operating fund under
this division shall be used exclusively for the following:

(a)
Operating costs of the board;

(b)
Providing services, including educational programs, for the building
departments that are certified by the board pursuant to division (E)
of section 3781.10 of the Revised Code;

(c)
Paying the expenses of the residential construction advisory
committee, including the expenses of committee members as provided in
section 4740.14 of the Revised Code.

(H)
A board of county commissioners that adopts rules providing for the
licensing of electrical and heating, ventilating, and air
conditioning contractors, pursuant to division (B) of this section,
may accept, for purposes of satisfying the requirements of rules
adopted under that division, a valid and unexpired license issued
pursuant to Chapter 4740. of the Revised Code that is held by an
electrical or heating, ventilating, and air conditioning contractor,
for the construction, replacement, maintenance, or repair of
one-family, two-family, or three-family dwelling houses or accessory
structures incidental to those dwelling houses.

(I)
A board of county commissioners shall not register a specialty
contractor who is required to hold a license under Chapter 4740. of
the Revised Code but does not hold a valid license issued under that
chapter.

(J)
If a board of county commissioners regulates a profession,
occupation, or occupational activity under this section, the board
shall comply with Chapter 4796. of the Revised Code.

(K)
As used in this section, "specialty contractor" means a
heating, ventilating, and air conditioning contractor, refrigeration
contractor, electrical contractor, plumbing contractor, or hydronics
contractor, as those contractors are described in Chapter 4740. of
the Revised Code.

Sec.
3781.1011.
(A)
As used in this section:

(1)
"Alarm system" means a device or system that transmits a
signal intended to summon law enforcement to a county, township, or
municipal corporation in response to an alleged violation of an
offense under Chapter 2911. of the Revised Code occurring in a
nonresidential zone of the applicable county, township, or municipal
corporation. The term includes an alarm that emits an audible signal
on the exterior of a structure. The term does not include an alarm
installed on a vehicle or an alarm designed to alert only the
inhabitants within the premises. The term includes an alarm system
for which a permit may be issued under any applicable section of the
Revised Code or Ohio Constitution.

(2)
"Battery-charged fence" means a
fence
connected to
system,
including integrated components or equipment, that satisfies all of
the following:

(a)
Functions with
a
battery-operated energizer that is intended
to

periodically

to

deliver
voltage impulses to the

fence,

system
with an impulse repetition rate that does not exceed one hertz and an
impulse duration that does not exceed ten milliseconds;

(b)
Exclusively uses

a battery charging device
used
exclusively
to
charge the battery
,
and any other ancillary components or equipment attached to such a
system
;

(c)
Interfaces with a monitored alarm system;

(d)
Has a battery-operated energizer that is powered by a commercial
storage battery that is not more than twelve volts of direct current;

(e)
Is four to twelve inches behind a non-battery-charged perimeter
fence, wall, or structure that is not less than five feet in height;

(f)
Is ten feet in height, or two feet higher than the height of the
non-battery-charged perimeter fence, wall, or structure, whichever is
higher;

(g)
Is marked with conspicuous warning signs that are located on the
battery-charged fence at not more than thirty-foot intervals and that
read: "WARNING—SHOCK HAZARD" or a similar warning
message
.

(3)
"Permit" means a certificate, license, permit, or other
form of permission that authorizes a person to engage in an action.

(B)

A

Subject
to division (D) of this section, a person may install, operate, and
use a
battery-charged
fence
installed

on
private, nonresidential property within a county, township, or
municipal corporation

shall
satisfy all of the following:

(1)
Interface with a monitored alarm system;

(2)
Have a battery-operated energizer that is powered by a commercial
storage battery that is not more than twelve volts of direct current,
and that meets the standards set forth by the international
electrotechnical commission 60335-02-76 current edition;

(3)
Be completely surrounded by a nonelectric perimeter fence or wall
that is not less than five feet in height;

(4)
Be not more than the higher of ten feet in height, or two feet higher
than the height of the nonelectric perimeter fence or wall; and

(5)
Be marked with conspicuous warning signs that are located on the
battery-charged fence at not more than forty-foot intervals and that
read: "WARNING--ELECTRIC FENCE
.
"

(C)
Division (B) of this section does not apply to any of the following

fences,
regardless of whether such fences are battery-charged fences under
division (A)(2) of this section
:

(1)
Fences that are required to be constructed by persons or corporations
owning, controlling, or managing a railroad pursuant to Chapter 4959.
of the Revised Code;

(2)
Partition fences constructed in accordance with Chapter 971. of the
Revised Code;

(3)
Fences constructed or installed by the state or a political
subdivision, or by the federal government;

(4)
Fences installed at a facility that is an accredited member of the
association of zoos and aquariums or the zoological association of
America and that is licensed by the United States department of
agriculture under the federal animal welfare act;

(5)
Fences installed at a wildlife sanctuary;

(6)
Fences constructed and used for agricultural purposes, as agriculture
is defined in either section 303.01 or 519.01 of the Revised Code.

(D)

Notwithstanding
any other section of the Revised Code,

a

A

county,
township, or municipal corporation may adopt and enforce an
ordinance, order, resolution, or regulation that does any of the
following:

(1)
Imposes installation

or

,

operational
,
or use

requirements for battery-charged fences in nonresidential properties
that
are

do

not

in
conflict with the requirements and standards set forth in
expressly,
implicitly, or functionally prohibit the installation, operation, or
use of such fences, as authorized under
division
(B) of this section;

(2)
Requires a permit or fee for the installation
,
operation,

or use of a battery-charged fence to which this section applies in
accordance with a permit or fee for an alarm system issued or charged
by the county, township, or municipal corporation;

(3)

Prohibits

Completely
prohibits or imposes generally applicable requirements on
the
installation
,
operation,

or use of a
battery-charged
fence
non-battery-charged
perimeter fence, wall, or structure or any system that does not
constitute a battery-charged fence under division (A)(2) of this
section
in
a nonresidential zone

that
does not meet the requirements and standards set forth in division
(B) of this section
.

Sec.
3901.047.
(A)
Regarding individuals with end-stage renal disease in this state, the
superintendent of insurance shall do all of the following:

(1)
Evaluate medicare application requirements and review state policies
and procedures related to patients who are sixty-five years of age or
younger that have end-stage renal disease;

(2)
Review and identify whether there exist medicare eligibility gaps for
individuals with end-stage renal disease;

(3)
Take steps to address any eligibility gaps identified under division
(A)(2) of this section to improve patient access to medicare
benefits;

(4)
Develop a process to assist patients with end-stage renal disease
apply for medicare benefits.

(B)
Not later than September 1, 2026, the department of insurance shall
prepare and submit a report to the general assembly in accordance
with section 101.68 of the Revised Code. The report shall detail the
review conducted in accordance with division (A) of this section,
including the feasibility of developing a process to assist patients
with end-stage renal disease apply for medicare benefits. If the
superintendent determines assisting patients to apply for medicare
benefits is not feasible, the report shall include the results of the
superintendent's finding and the steps the superintendent took to
reach its conclusion.

Sec.
3901.3815.
(A)
As used in this section:

(1)
"Health plan issuer" has the same meaning as in section
3922.01 of the Revised Code, except that the term also includes any
vendor contracted by a health plan issuer, as defined in that
section.

(2)
"Health care provider" has the same meaning as in section
3701.74 of the Revised Code.

(3)
"Credit card" means a single-use or virtual payment card
provided in an electronic, digital, facsimile, physical, or paper
format.

(4)
"Business day" has the same meaning as in section 3901.81
of the Revised Code.

(B)
A health plan issuer shall offer all reasonably available methods of
payment to a health care provider, which shall include payment by
check and electronic funds transfer. A health plan issuer shall not
charge a health care provider a fee for delivering payment by check
or electronic funds transfer, either directly or indirectly through
an agent, affiliate, or third party contracted by the health plan
issuer in connection with the method of payment.

(C)
A health plan issuer that offers payment by credit card shall provide
a process by which a health care provider may opt out of that method
of payment and select another method of payment.

(D)
If a health plan issuer or an agent, affiliate, or third party
contracted by a health plan issuer in connection with one of the
available payment methods, other than payment by check or electronic
funds transfer, charges a fee, the health plan issuer shall, prior to
initiating the first payment to a health care provider or upon
changing the payment methods available to a health care provider, do
both of the following:

(1)
Notify the provider about potential fees associated with a particular
payment method, disclose any charges by the health plan issuer, and
advise the provider to contact the provider's financial institution,
credit card issuer, or payment processor for information about other
fees that may apply;

(2)
Provide the health care provider with clear instructions as to how to
select each payment method either on the health plan issuer's web
site or through a means other than the contract offered to the health
care provider.

(E)(1)
If a health care provider requests a change in the available payment
method, the health plan issuer shall implement the change to the
payment method selected by the health care provider within thirty-one
business days.

(2)
The payment method selected by the health care provider shall remain
in effect until either the health care provider requests a different
payment method or the health plan issuer has not generated a payment
to the provider for more than one year.

(3)
The health plan issuer shall not charge a fee for a change in payment
method.

Sec.
3901.90.
The
superintendent of insurance, in consultation with the director of

mental

behavioral

health

and
addiction services
,
shall develop consumer and payer education on mental health and
addiction services insurance parity and establish and promote a
consumer hotline to collect information and help consumers understand
and access their insurance benefits.

The
department of insurance and the department of
mental

behavioral

health

and
addiction services
shall
jointly report annually on the department's efforts, which shall
include information on consumer and payer outreach activities and
identification of trends and barriers to access and coverage in this
state. The departments shall submit the report to the general
assembly, the
joint
medicaid oversight committee
legislative
service commission
,
and the governor, not later than the thirtieth day of January of each
year.

Sec.
3902.631.
(A)
A health benefit plan issued, amended, or renewed on or after the
effective date of this section that provides coverage for a health
service that a certified registered nurse anesthetist is authorized
to perform pursuant to section 4723.43 of the Revised Code shall not
differentiate in the reimbursement rate for such a service based on
whether the service was provided by a certified registered nurse
anesthetist or by a physician licensed under under Chapter 4731. of
the Revised Code.

(B)
Nothing in this section shall be construed as prohibiting a health
benefit plan from establishing variable reimbursement rates based on
quality or performance measures.

Sec.
3902.70.
As
used in this section and section 3902.71 of the Revised Code:

(A)
"340B covered entity"
and
"third-party administrator" have the same meanings as in
section 5167.01 of the Revised Code
means
an entity described in section 340B(a)(4) of the "Public Health
Service Act," 42 U.S.C. 256b(a)(4) and includes any pharmacy
under contract with the entity to dispense drugs on behalf of the
entity
.

(B)
"Terminal distributor of dangerous drugs" has the same
meaning as in section 4729.01 of the Revised Code
.

(C)
"Third-party administrator" has the same meaning as in
section 5167.01 of the Revised Code
.

Sec.
3905.426.
(A)
As used in this section:

(1)
"Contract holder" means the person who purchased a motor
vehicle ancillary product protection contract, any authorized
transferee or assignee of the purchaser, or any other person assuming
the purchaser's rights under the motor vehicle ancillary product
protection contract.

(2)
"Finance agreement" means a loan or retail installment
contract secured by a motor vehicle or a lease contract for the use
of a motor vehicle.

(2)

(3)

"Motor
vehicle" has the same meaning as in section 4501.01 of the
Revised Code and also includes utility vehicles

and
under-speed vehicles

as defined in that section.

(3)(a)

(4)(a)

"Motor
vehicle ancillary product protection contract" means a contract
or agreement that is effective for a specified duration and paid for
by means other than the purchase of a motor vehicle, or its parts or
equipment, to perform any one or more of the following services:

(i)
Repair or replacement of glass on a motor vehicle necessitated by
wear and tear or damage caused by a road hazard;

(ii)
Removal of a dent, ding, or crease without affecting the existing
paint finish using paintless dent removal techniques but which
expressly excludes replacement of vehicle body panels, sanding,
bonding, or painting;

(iii)
Repair to the interior components of a motor vehicle necessitated by
wear and tear but which expressly excludes replacement of any part or
component of a motor vehicle's interior;

(iv)
Repair or replacement of tires or wheels damaged because of a road
hazard;

(v)
Replacement of a lost, stolen, or inoperable key or key fob
;

(vi)
In conjunction with a motor vehicle leased for use, the repair,
replacement, or maintenance of property, or indemnification for
repair, replacement, or maintenance, due to excess wear and use,
damage for items such as tires, paint cracks or chips, missing
interior or exterior parts, or excess mileage that results in a
lease-end charge, or any other charge for damage that is deemed as
excess wear and use by a lessor under a motor vehicle lease, provided
any such charge shall not exceed the purchase price of the vehicle at
the end of the lease term;

(vii)
Provide a benefit under a vehicle value protection agreement
.

(b)
A motor vehicle ancillary product protection contract may, but is not
required to, provide for incidental payment of indemnity under
limited circumstances, including, without limitation, towing, rental,
and emergency road services.

(c)
"Motor vehicle ancillary product protection contract" does
not include any of the following:

(i)
A motor vehicle service contract;

(ii)
A vehicle protection product warranty as defined in section 3905.421
of the Revised Code;

(iii)
A home service contract as defined in section 3905.422 of the Revised
Code;

(iv)
A consumer goods service contract as defined in section 3905.423 of
the Revised Code;

(v)
A contract for prepaid routine, scheduled maintenance only.

(4)

(5)

"Motor
vehicle service contract" means a contract or agreement to
perform or pay for the repair, replacement, or maintenance of a motor
vehicle due to defect in materials or workmanship, normal wear and
tear, mechanical or electrical breakdown, or failure of parts or
equipment of a motor vehicle, with or without additional provisions
for incidental payment of indemnity under limited circumstances,
including, without limitation, towing, rental, and emergency road
services, that is effective for a specified duration and paid for by
means other than the purchase of a motor vehicle.

(5)

(6)

"Provider"
means a person who is contractually obligated to a contract holder
under the terms of a motor vehicle ancillary product protection
contract.

(6)

(7)

"Road
hazard" means a condition that may cause damage or wear and tear
to a tire or wheel on a public or private roadway, roadside,
driveway, or parking lot or garage, including potholes, nails, glass,
road debris, and curbs. "Road hazard" does not include
fire, theft, vandalism or malicious mischief, or other perils
normally covered by automobile physical damage insurance.

(7)

(8)

"Reimbursement
insurance policy" means a policy of insurance issued by an
insurer authorized or eligible to do business in this state to a
provider to pay, on behalf of the provider in the event of the
provider's nonperformance, all covered contractual obligations
incurred by the provider under the terms and conditions of the motor
vehicle ancillary product protection contract.

(8)

(9)

"Supplier"
has the same meaning as in section 1345.01 of the Revised Code.

(10)
"Vehicle value protection agreement" includes a contractual
agreement that provides a benefit towards either the reduction of
some or all of the contract holder's current finance agreement
deficiency balance, or towards the purchase or lease of a replacement
motor vehicle or motor vehicle services, upon the occurrence of an
adverse event to the motor vehicle, including loss, theft, damage,
obsolescence, diminished value, or depreciation. "Vehicle value
protection agreement" includes trade-in-credit agreements,
diminished value agreements, depreciation benefit agreements, or
other similar agreements. "Vehicle value protection agreement"
does not include a debt suspension or debt cancellation product.

(B)
All motor vehicle ancillary product protection contracts issued in
this state shall be covered by a reimbursement insurance policy.

(C)
A motor vehicle ancillary product protection contract issued by a
provider that is required to be covered by a reimbursement insurance
policy under division (B) of this section shall conspicuously state
all of the following:

(1)
"This contract is not insurance and is not subject to the
insurance laws of this state."

(2)
That the obligations of the provider are guaranteed under a
reimbursement insurance policy;

(3)
That if a provider fails to perform or make payment due under the
terms of the contract within sixty days after the contract holder
requests performance or payment pursuant to the terms of the
contract, the contract holder may request performance or payment
directly from the provider's reimbursement insurance policy insurer,
including any obligation in the contract by which the provider must
refund the contract holder upon cancellation of a contract;

(4)
The name, address, and telephone number of the provider's
reimbursement insurance policy insurer.

(D)
A motor vehicle ancillary product protection contract that includes
repair or replacement of glass on a motor vehicle as provided in
division
(A)(3)(a)(i)

(A)(4)(a)(i)

of
this section, shall conspicuously state: "This contract may
provide a duplication of coverage already provided by your automobile
physical damage insurance policy."

(E)

A
vehicle value protection agreement may be canceled by the contract
holder within thirty days of the effective date of the agreement, and
the contract holder shall be entitled to a full refund of the
purchase price paid by the contract holder, if any, so long as no
benefits have been provided under the contract.

(F)
A vehicle value protection agreement that, under the terms of the
agreement, may be canceled by the contract holder more than thirty
days after the effective date of the agreement must state the
conditions under which it may be canceled, including the procedures
for requesting any refund of the purchase price paid by the contract
holder and the methodology for calculating any refund of the purchase
price.

(G)
The contract provider of the vehicle value protection agreement shall
mail a written notice to the contract holder at the last known
address of the contract holder contained in the records of the
contract provider at least five days prior to cancellation by the
contract provider. Prior notice is not required if the reason for
cancellation is nonpayment of the provider fee, a material
misrepresentation by the contract holder to the contract provider or
administrator, or a substantial breach of duties by the contract
holder relating to the covered product or the use of the covered
product. The notice shall state the effective date of the
cancellation and the reason for the cancellation. If a vehicle value
protection agreement is canceled by the contract provider for a
reason other than nonpayment of the provider fee, the provider shall
refund to the contract holder one hundred per cent of the unearned
provider fee paid by the contract holder, if any. If coverage under
the vehicle value protection agreement continues after a claim, then
all claims paid may be deducted from any refund required by this
division. A reasonable administrative fee of up to seventy-five
dollars may be charged by the contract provider and deducted from any
refund due under this division or division (F) of this section.

(H)
Any refund under divisions (E) and (F) of this section shall be paid
to the seller or assignee of a retail installment contract or lease
agreement unless otherwise agreed to by the contract holder and the
seller or assignee.

(I)

A
reimbursement insurance policy that is required to be issued under
this section shall contain:

(1)
A statement that if a provider fails to perform or make payment due
under the terms of the motor vehicle ancillary product protection
contract within sixty days after the contract holder requests
performance or payment pursuant to the terms of the contract, the
contract holder may request performance or payment directly from the
provider's reimbursement insurance policy insurer, including any
obligation in the contract by which the provider must refund the
contract holder upon cancellation of a contract.

(2)
A statement that in the event of cancellation of the provider's
reimbursement insurance policy, insurance coverage will continue for
all contract holders whose motor vehicle ancillary product protection
contracts were issued by the provider and reported to the insurer for
coverage during the term of the reimbursement insurance policy.

(F)

(J)

The
sale or issuance of a motor vehicle ancillary product protection
contract is a consumer transaction for purposes of sections 1345.01
to 1345.13 of the Revised Code. The provider is the supplier and the
contract holder is the consumer for purposes of those sections.

(G)

(K)

Unless
issued by an insurer authorized or eligible to do business in this
state, a motor vehicle ancillary product protection contract does not
constitute a contract substantially amounting to insurance, or the
contract's issuance the business of insurance, under section 3905.42
of the Revised Code.

(H)

(L)

Unless
issued by an insurer authorized or eligible to do business in this
state, a contract identified in division
(A)(3)(c)(i)

(A)(4)(c)(i)

or
(v) of this section does not constitute a contract substantially
amounting to insurance, or the contract's issuance the business of
insurance, under section 3905.42 of the Revised Code.

(I)

(M)

The
rights of a contract holder against a provider's reimbursement
insurance policy insurer as provided in this section apply only in
regard to a reimbursement insurance policy issued under this section.
This section does not create any contractual rights in favor of a
person that does not qualify as an insured under any other type of
insurance policy described in Title XXXIX of the Revised Code. This
section does not prohibit the insurer of a provider's reimbursement
insurance policy from assuming liability for contracts issued prior
to the effective date of the policy or July 1, 2009.

(J)

(N)

A
contract or agreement described in division

(A)(3)(a)(iv)
(A)(4)(a)(iv)

of this section in which the provider is a tire manufacturer shall be
exempt from the requirements of division (B) of this section if the
contract or agreement conspicuously states all of the following:

(1)
That the contract or agreement is not an insurance contract;

(2)
That any covered obligations or claims under the contract or
agreement are the responsibility of the provider;

(3)
The name, address, and telephone number of any administrator
responsible for the administration of the contract or agreement, the
provider obligated to perform under the contract or agreement, and
the contract seller;

(4)
The procedure for making a claim under the contract or agreement,
including a toll-free telephone number for claims service and a
procedure for obtaining emergency repairs or replacements performed
outside normal business hours.

Sec.
3905.72.
(A)(1)
No person shall act as a managing general agent representing an
insurer licensed in this state with respect to risks located in this
state unless the person is licensed as a managing general agent
pursuant to division (C) or (D) of this section.

(2)
No person shall act as a managing general agent representing an
insurer organized under the laws of this state with respect to risks
located outside this state unless the person is licensed as a
managing general agent pursuant to division (C) of this section.

(B)
Every person that seeks to act as a managing general agent as
described in division (A) of this section shall apply to the
superintendent of insurance for a license. Except as otherwise
provided in division (D) of this section, the application shall be in
writing on a form provided by the superintendent

and
shall be sworn or affirmed before a notary public or other person
empowered to administer oaths
.
The application shall be kept on file by the superintendent and shall
include all of the following:

(1)
The name and principal business address of the applicant;

(2)
If the applicant is an individual, the applicant's current
occupation;

(3)
If the applicant is an individual, the applicant's occupation or
occupations during the five-year period prior to applying for the
license to act as a managing general agent;

(4)
A copy of the contract between the applicant and the insurer as
required by, and in compliance with, section 3905.73 of the Revised
Code;

(5)
A copy of a certified resolution of the board of directors of the
insurer on whose behalf the applicant will act, appointing the
applicant as a managing general agent and agent of the insurer,
specifying the duties the applicant is expected to perform on behalf
of the insurer and the lines of insurance the applicant will manage,
and authorizing the insurer to enter into a contract with the
applicant as required by section 3905.73 of the Revised Code;

(6)
A statement that the applicant submits to the jurisdiction of the
superintendent and the courts of this state;

(7)
Any other information required by the superintendent.

(C)
The superintendent shall issue to a resident of this state or a
business entity organized under the laws of this state a license to
act as a managing general agent representing an insurer licensed to
do business in this state with respect to risks located in this state
or a license to act as a managing general agent representing an
insurer organized under the laws of this state with respect to risks
located outside this state, and shall renew such a license, if the
superintendent is satisfied that all of the following conditions are
met:

(1)
The applicant is a suitable person and intends to hold self out in
good faith as a managing general agent.

(2)
The applicant understands the duties and obligations of a managing
general agent.

(3)
The applicant has filed a completed application that complies with
division (B) of this section.

(4)
The applicant has paid a fee in the amount of twenty dollars.

(5)
The applicant maintains a bond in the amount of not less than fifty
thousand dollars for the protection of the insurer.

(6)
The applicant maintains an errors and omissions policy of insurance.

(7)
The applicant is not, and has never been, under an order of
suspension or revocation under section 3905.77 of the Revised Code or
under any other law of this state, or any other state, relating to
insurance, and is otherwise in compliance with sections 3905.71 to
3905.79 of the Revised Code and all other laws of this state relating
to insurance.

(D)
If the applicant is a resident of another state or a business entity
organized under the laws of another state, the applicant shall submit
a request for licensure, along with a fee of twenty dollars, to the
superintendent. The superintendent shall issue a license to act as a
managing general agent if the request for licensure includes proof
that the applicant is licensed and in good standing as a managing
general agent in the applicant's home state and either a copy of the
application for licensure the applicant submitted to the applicant's
home state or the application described in division (B) of this
section.

If
the applicant's home state does not license managing general agents
under provisions similar to those in sections 3905.71 to 3905.79 of
the Revised Code, or if the applicant's home state does not grant
licenses to residents of this state on the same reciprocal basis, the
applicant shall comply with divisions (B) and (C) of this section.

(E)
Unless suspended or revoked by an order of the superintendent
pursuant to section 3905.77 of the Revised Code and except as
provided in division (F) of this section, any license issued or
renewed pursuant to division (C) or (D) of this section shall expire
on the last day of February next after its issuance or renewal.

(F)
If the appointment of a managing general agent is terminated by the
insurer, the license of the managing general agent shall expire on
the date of the termination.

(G)
A license shall be renewed in accordance with the standard renewal
procedure specified in Chapter 4745. of the Revised Code.

(H)
All license fees collected pursuant to this section shall be paid
into the state treasury to the credit of the department of insurance
operating fund.

Sec.
3923.443.
(A)(1)
No agent shall sell, solicit, or negotiate long-term care insurance

on
or after September 1, 2008,
without

first

completing
an initial eight-hour partnership program training course as
described in division (B) of this section.

(2)(a)
Any agent that sells, solicits, or negotiates any long-term care
insurance shall complete at least four hours of continuing education
in every
twenty-four-month
period commencing on the first day of January of the year immediately
following the year of the issuance of the agent's license
license
renewal period beginning with the first license renewal period
following the agent's completion of the partnership training course
described in division (A)(1) of this section
.

(b)

No

An

agent

shall
fail
who
fails
to
complete the continuing education requirements in division (A)(2)(a)
of this section
in
the twenty-four-month period described in that division
before
the end of a license renewal period shall not sell, solicit, or
negotiate long-term care insurance until such requirements have been
met
.

(B)
The initial training course and continuing education required under
division (A) of this section may be approved by the superintendent of
insurance as continuing education courses under sections 3905.481 to
3905.486 of the Revised Code and shall consist of combined topics
related to long-term care insurance, long-term care services, and
state long-term care insurance partnership programs, including all of
the following:

(1)
State and federal regulations and requirements and the relationship
between state long-term care insurance partnership programs and other
public and private coverage of long-term care services, including
medicaid;

(2)
Available long-term care services and providers;

(3)
Changes or improvements in long-term care services or providers;

(4)
Alternatives to the purchase of private long-term care insurance;

(5)
The effect of inflation on benefits and the importance of inflation
protection;

(6)
Consumer suitability standards and guidelines;

(7)
Any other topics required by the superintendent.

(C)
The initial training and continuing education required by division
(A) of this section shall not include training that is specific to a
particular insurer or company product or that includes any sales or
marketing information, materials, or training other than those
required by state or federal law.

(D)
A resident agent shall satisfy the
initial

training
and continuing education required by division (A) of this section by
completing long-term care courses that are approved by the
superintendent. A nonresident agent may satisfy the training and
continuing education required by division (A) of this section by
completing the training requirements in any other state, provided
that the course is approved for credit by the insurance department of
that state prior to the agent taking the course.

(E)
Each insurer shall obtain records of the initial training and
continuing education completed by agents of that insurer pursuant to
division (A) of this section as well as the training completed by the
insurer's agents concerning the distribution of the insurer's
partnership program policies and shall make those records available
to the superintendent upon request.

(F)
Each insurer shall maintain records with respect to the training of
its agents concerning the distribution of the insurer's partnership
program policies. Each insurer shall provide documentation to the
superintendent that will allow the superintendent to provide
assurance to the medicaid director that agents have received the
training required by this section and that agents have demonstrated
an understanding of the partnership program policies and their
relationship to public and private coverage of long-term care in this
state, including medicaid. The superintendent may audit each
insurer's records annually to verify that the insurer is maintaining
the records required by this division. The superintendent shall make
the records provided to the superintendent pursuant to division (E)
of this section available to the director.

Sec.
3951.03.
(A)
Before any certificate of authority shall be issued by the
superintendent of insurance there shall be filed in the
superintendent's office a written application therefor. Such
application shall be in the form or forms and supplements thereto
prescribed by the superintendent and shall set forth:

(1)
The name and address of the applicant, and if the applicant be a
firm, association, or partnership, the name and address of each
member thereof, and if the applicant be a corporation, the name and
address of each of its officers and directors;

(2)
Whether any license or certificate of authority as agent, broker, or
public insurance adjuster has been issued previously by the
superintendent of this state or by the insurance department of any
state to the individual applicant, and, if the applicant be an
individual, whether any such certificate has been issued previously
to any firm, association, or partnership of which the individual was
or is an officer or director, and, if the applicant be a firm,
association, or partnership, whether any such certificate has been
issued previously to any member thereof, and, if the applicant be a
corporation, whether any such certificate has been issued previously
to any officer or director of such corporation;

(3)
The business or employment in which the applicant has been engaged
for the five years next preceding the date of the application, and
the name and address of such business and the name or names and
addresses of his employer or employers;

(4)
Such information as the superintendent may require of applicants in
order to determine their trustworthiness and competency to transact
the business of public insurance adjusters, in such manner as to
safeguard the interest of the public;

(B)
Except as provided in division (C) of this section, the
superintendent shall issue a public insurance adjuster agent
certificate to a person, who is a bona fide employee of a public
insurance adjuster without examination, provided said application is
made by a person, partnership, association, or corporation engaged in
the public insurance adjusting business. The fee to be paid by the
applicant for such a license at the time the application is made, and
annually thereafter for the renewal thereof according to the standard
renewal procedure of sections 4745.01 to 4745.03, inclusive, of the
Revised Code, shall be fifty dollars, and such applicant shall be
bonded in the amount of one thousand dollars as provided for in
division (D) of section 3951.06 of the Revised Code.

(C)
The superintendent shall issue a public insurance adjuster agent
certificate in accordance with Chapter 4796. of the Revised Code to
an applicant if either of the following applies:

(1)
The applicant holds a license or certificate in another state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a public insurance adjuster agent in a state that does not
issue that license or certificate.

(D)
An application for any certificate of authority shall be signed
and
verified under oath
by
the applicant and, if made by a firm, association, partnership, or
corporation, by each member or officer and director thereof to be
authorized thereby to act as a public insurance adjuster.

Sec.
3959.01.
As
used in this chapter:

(A)
"Administration fees" means any amount charged a covered
person for services rendered. "Administration fees"
includes commissions earned or paid by any person relative to
services performed by an administrator.

(B)
"Administrator" means any person who adjusts or settles
claims on, residents of this state in connection with life, dental,
health, prescription drugs, or disability insurance or self-insurance
programs. "Administrator" includes a pharmacy benefit
manager. "Administrator" does not include any of the
following:

(1)
An insurance agent or solicitor licensed in this state whose
activities are limited exclusively to the sale of insurance and who
does not provide any administrative services;

(2)
Any person who administers or operates the workers' compensation
program of a self-insuring employer under Chapter 4123. of the
Revised Code;

(3)
Any person who administers pension plans for the benefit of the
person's own members or employees or administers pension plans for
the benefit of the members or employees of any other person;

(4)
Any person that administers an insured plan or a self-insured plan
that provides life, dental, health, or disability benefits
exclusively for the person's own members or employees;

(5)
Any health insuring corporation holding a certificate of authority
under Chapter 1751. of the Revised Code or an insurance company that
is authorized to write life or sickness and accident insurance in
this state.

(C)

"Actual
acquisition cost" means the amount that a drug wholesaler
charges a pharmacy for a drug product as listed on the pharmacy's
billing invoice.

(D)

"Aggregate
excess insurance" means that type of coverage whereby the
insurer agrees to reimburse the insured employer or trust for all
benefits or claims paid during an agreement period on behalf of all
covered persons under the plan or trust which exceed a stated
deductible amount and subject to a stated maximum.

(D)

(E)

"Contracted
pharmacy" or "pharmacy" means a pharmacy located in
this state participating in either the network of a pharmacy benefit
manager or in a health care or pharmacy benefit plan through a direct
contract or through a contract with a pharmacy services
administration organization, group purchasing organization, or
another contracting agent.

(E)

(F)

"Contributions"
means any amount collected from a covered person to fund the
self-insured portion of any plan in accordance with the plan's
provisions, summary plan descriptions, and contracts of insurance.

(F)

(G)

"Drug
product reimbursement" means the amount paid by a pharmacy
benefit manager to a contracted pharmacy for the cost of the drug
dispensed to a patient and does not include a dispensing or
professional fee.

(G)

(H)
"Drug wholesaler" means a wholesale drug distributor
accredited by a nationally recognized nonprofit organization that
represents the interests of state boards of pharmacy and to which the
state board of pharmacy is a member.

(I)

"Fiduciary"
has the meaning set forth in section 1002(21)(A) of the "Employee
Retirement Income Security Act of 1974," 88 Stat. 829, 29 U.S.C.
1001, as amended.

(H)

(J)

"Fiscal
year" means the twelve-month accounting period commencing on the
date the plan is established and ending twelve months following that
date, and each corresponding twelve-month accounting period
thereafter as provided for in the summary plan description.

(I)

(K)

"Insurer"
means an entity authorized to do the business of insurance in this
state or, for the purposes of this section, a health insuring
corporation authorized to issue health care plans in this state.

(J)

(L)

"Managed
care organization" means an entity that provides medical
management and cost containment services and includes a medicaid
managed care organization, as defined in section 5167.01 of the
Revised Code.

(K)

(M)

"Maximum
allowable cost" means a maximum drug product reimbursement for
an individual drug or for a group of therapeutically and
pharmaceutically equivalent multiple source drugs that are listed in
the United States food and drug administration's approved drug
products with therapeutic equivalence evaluations, commonly referred
to as the orange book.

(L)

(N)

"Maximum
allowable cost list" means a list of the drugs for which a
pharmacy benefit manager imposes a maximum allowable cost
,
either directly or by setting forth a method for how the maximum
allowable cost is calculated
.

(M)

(O)

"Multiple
employer welfare arrangement" has the same meaning as in section
1739.01 of the Revised Code.

(N)

(P)
"National drug code number" or "national drug code"
means the number registered for a drug pursuant to the listing system
established by the United States food and drug administration under
the "Drug Listing Act of 1972," 21 U.S.C. 360.

(Q)
"Ohio pharmacy" means a pharmacy, including an independent
pharmacy, that is incorporated or organized in this state under Title
XVII of the Revised Code.

(R)

"Pharmacy
benefit manager" means an entity that contracts with pharmacies
on behalf of an employer, a multiple employer welfare arrangement,
public employee benefit plan, state agency, insurer, managed care
organization, or other third-party payer to provide pharmacy health
benefit services or administration. "Pharmacy benefit manager"
includes the state pharmacy benefit manager selected under section
5167.24 of the Revised Code.

(O)

(S)

"Plan"
means any arrangement in written form for the payment of life,
dental, health, or disability benefits to covered persons defined by
the summary plan description and includes a drug benefit plan
administered by a pharmacy benefit manager.

(P)

(T)

"Plan
sponsor" means the person who establishes the plan.

(Q)

(U)

"Self-insurance
program" means a program whereby an employer provides a plan of
benefits for its employees without involving an intermediate
insurance carrier to assume risk or pay claims. "Self-insurance
program" includes but is not limited to employer programs that
pay claims up to a prearranged limit beyond which they purchase
insurance coverage to protect against unpredictable or catastrophic
losses.

(R)

(V)

"Specific
excess insurance" means that type of coverage whereby the
insurer agrees to reimburse the insured employer or trust for all
benefits or claims paid during an agreement period on behalf of a
covered person in excess of a stated deductible amount and subject to
a stated maximum.

(S)

(W)

"Summary
plan description" means the written document adopted by the plan
sponsor which outlines the plan of benefits, conditions, limitations,
exclusions, and other pertinent details relative to the benefits
provided to covered persons thereunder.

(T)

(X)

"Third-party
payer" has the same meaning as in section 3901.38 of the Revised
Code.

Sec.
3959.111.
(A)(1)(a)
In each contract between a pharmacy benefit manager and a pharmacy,
the pharmacy shall be given the right to obtain from the pharmacy
benefit manager, within ten days after any request, a current list of
the sources used to determine maximum allowable cost pricing. In each
contract between a pharmacy benefit manager and a pharmacy, the
pharmacy benefit manager shall be obligated to update and implement
the pricing information at least every seven days and provide a means
by which contracted pharmacies may promptly review maximum allowable
cost pricing updates in an electronic format that is readily
available, accessible, and secure and that can be easily searched.

Subject
to division (A)(1) of this section, a pharmacy benefit manager shall
utilize the most up-to-date pricing data when calculating drug
product reimbursements for all contracting pharmacies within one
business day of any price update or modification.

(b)
A pharmacy benefit manager shall maintain a written procedure to
eliminate products from the list of drugs subject to maximum
allowable cost pricing in a timely manner. The written procedure, and
any updates, shall promptly be made available to a pharmacy upon
request.

(2)
In each contract between a pharmacy benefit manager and a pharmacy, a
pharmacy benefit manager shall be obligated to ensure that all of the
following conditions are met prior to placing a prescription drug on
a maximum allowable cost list:

(a)
The drug is listed as "A" or "B" rated in the
most recent version of the United States food and drug
administration's approved drug products with therapeutic equivalence
evaluations, or has an "NR" or "NA" rating or
similar rating by nationally recognized reference.

(b)
The drug is generally available for purchase by pharmacies in this
state from a national or regional wholesaler and is not obsolete.

(3)
Each contract between a pharmacy benefit manager and a pharmacy shall
include an electronic process to appeal, investigate, and resolve
disputes regarding maximum allowable cost pricing that includes all
of the following:

(a)
A twenty-one-day limit on the right to appeal following the initial
claim;

(b)
A requirement that the appeal be investigated and resolved within
twenty-one days after the appeal;

(c)
A telephone number at which the pharmacy may contact the pharmacy
benefit manager to speak to a person responsible for processing
appeals;

(d)
A requirement that a pharmacy benefit manager provide a reason for
any appeal denial, including the national drug code and the identity
of the national or regional wholesalers from whom the drug was
generally available for purchase at or below the benchmark price
determined by the pharmacy benefit manager;

(e)
A requirement that if the appeal is upheld or granted, then the
pharmacy benefit manager shall adjust the drug product reimbursement
to the pharmacy's upheld appeal price;

(f)
A requirement that a pharmacy benefit manager make an adjustment not
later than one day after the date of determination of the appeal. The
adjustment shall be retroactive to the date the appeal was made and
shall apply to all situated pharmacies as determined by the pharmacy
benefit manager. This requirement does not prohibit a pharmacy
benefit manager from retroactively adjusting a claim for the
appealing pharmacy or for any other similarly situated pharmacies.

(B)(1)(a)
A pharmacy benefit manager shall disclose to the plan sponsor whether
or not the pharmacy benefit manager uses the same maximum allowable
cost list when billing a plan sponsor as it does when reimbursing a
pharmacy.

(b)
If a pharmacy benefit manager uses multiple maximum allowable cost
lists, the pharmacy benefit manager shall disclose in the aggregate
to a plan sponsor any differences between the amount paid to a
pharmacy and the amount charged to a plan sponsor.

(2)
The disclosures required under division (B)(1) of this section shall
be made within ten days of a pharmacy benefit manager and a plan
sponsor signing a contract or on a quarterly basis.

(3)(a)
Division (B) of this section does not apply to plans governed by the
"Employee Retirement Income Security Act of 1974," 29
U.S.C. 1001, et seq. or medicare part D.

(b)
As used in this division, "medicare part D" means the
voluntary prescription drug benefit program established under Part D
of Title XVIII of the "Social Security Act," 42 U.S.C.
1395w-101, et seq.

(C)

Except
as otherwise provided in division (E) of this section, a pharmacy
benefit manager shall reimburse an Ohio pharmacy for drug products
dispensed on or after the ninety-first day following the effective
date of this amendment not less than either of the following amounts:

(1)
The amount that the pharmacy benefit manager reimburses an affiliated
pharmacy for providing the same drug product;

(2)
A drug product reimbursement not less than the Ohio pharmacy's actual
acquisition cost for the drug dispensed.

(D)
An Ohio pharmacy may decline to provide a drug product to an
individual or pharmacy benefit manager if the Ohio pharmacy would be
paid less than the amount required by division (C) of this section.

(E)(1)
Divisions (C) and (D) of this section do not apply to the extent that
those divisions conflict with a contract or agreement entered into
before the effective date of this amendment except that, if such a
contract or agreement is amended or renewed after the effective date
of this amendment, the contract or agreement shall conform to the
requirements of those divisions. Division (C) of this section does
not prohibit a pharmacy benefit manager from paying drug product
reimbursements in excess of the amounts required by that division.

(2)
Divisions (C) and (D) of this section do not apply with respect to
the state pharmacy benefit manager selected pursuant to section
5167.24 of the Revised Code.

(F)

Notwithstanding
division (B)(5) of section 3959.01 of the Revised Code, a health
insuring corporation or a sickness and accident insurer shall comply
with the requirements of this section and is subject to the penalties
under section 3959.12 of the Revised Code if the corporation or
insurer is a pharmacy benefit manager, as defined in section 3959.01
of the Revised Code.

(D)

(G)
No pharmacy benefit manager shall retaliate against an Ohio pharmacy
that reports an alleged violation of, or exercises a right or remedy
under, this section by doing any of the following:

(1)
Terminating or refusing to renew a contract with the Ohio pharmacy
without providing notice to the Ohio pharmacy at least ninety days in
advance;

(2)
Subjecting the Ohio pharmacy to increased audits without providing
notice to the Ohio pharmacy and a detailed description of the reason
for the audit at least ninety days in advance;

(3)
Failing to promptly pay the Ohio pharmacy in accordance with sections
3901.381 to 3901.3814 of the Revised Code.

(H)
If an Ohio pharmacy believes that a pharmacy benefit manager has
violated this section, in addition to any other remedies provided by
law, the Ohio pharmacy may file a formal complaint and provide
evidence related to the complaint to the superintendent of insurance.

(I)

The
superintendent of insurance shall adopt rules
as
necessary to implement the requirements of this section
in
accordance with Chapter 119. of the Revised Code for the purposes of
implementing and administering this section
.

Sec.
3959.121.
(A)
The superintendent of insurance shall evaluate any complaint filed by
an Ohio pharmacy pursuant to section 3959.111 of the Revised Code.

(B)(1)
If the superintendent determines, based on a complaint filed by an
Ohio pharmacy or other information available to the superintendent,
that a pharmacy benefit manager has violated section 3959.111 of the
Revised Code, the superintendent shall do both of the following:

(a)
Issue a notice of violation to the pharmacy benefit manager that
clearly explains the violation;

(b)
Impose an administrative penalty on the pharmacy benefit manager of
one thousand dollars for each violation.

(2)
Each day that a violation continues after the pharmacy benefit
manager receives notice of the violation under division (B)(1)(a) of
this section is considered a separate violation for the purposes of
the administrative penalty under division (B)(1)(b) of this section.

(C)
Before imposing an administrative penalty under this section, the
superintendent shall afford the pharmacy benefit manager an
opportunity for an adjudication hearing under Chapter 119. of the
Revised Code. At the hearing, the pharmacy benefit manager may
challenge the superintendent's determination that a violation
occurred, the superintendent's imposition of an administrative
penalty, or both. The pharmacy benefit manager may appeal the
superintendent's determination and the imposition of the
administrative penalty in accordance with section 119.12 of the
Revised Code.

(D)
An administrative penalty collected under this section shall be
deposited into the state treasury to the credit of the department of
insurance operating fund created by section 3901.021 of the Revised
Code.

Sec.
4112.055.
(A)(1)
Aggrieved persons may enforce the rights granted by division (H) of
section 4112.02 of the Revised Code by filing a civil action in the
court of common pleas of the county in which the alleged unlawful
discriminatory practice occurred within one year after it allegedly
occurred. Upon application by an aggrieved person, upon a proper
showing, and under circumstances that it considers just, a court of
common pleas may appoint an attorney for the aggrieved person and
authorize the commencement of a civil action under this division
without the payment of costs.

Each
party to a civil action under this division has the right to a jury
trial of the action. To assert the right, a party shall demand a jury
trial in the manner prescribed in the Rules of Civil Procedure. If a
party demands a jury trial in that manner, the civil action shall be
tried to a jury.

(2)(a)
If a complaint is issued by the commission under division (B)(5) of
section 4112.05 of the Revised Code for one or more alleged unlawful
discriminatory practices described in division (H) of section 4112.02
of the Revised Code, the complainant, any aggrieved person on whose
behalf the complaint is issued, or the respondent may elect,
following receipt of the relevant notice described in division (B)(5)
of section 4112.05 of the Revised Code, to proceed with the
administrative hearing process under that section or to have the
alleged unlawful discriminatory practices covered by the complaint
addressed in a civil action commenced in accordance with divisions
(A)(1) and (2)(b) of this section. An election to have the alleged
unlawful discriminatory practices so addressed shall be made in a
writing that is sent by certified mail, return receipt requested, to
the commission, to the civil rights section of the office of the
attorney general, and to the other parties to the pending
administrative process within thirty days after the electing
complainant, aggrieved person, or respondent received the relevant
notice described in division (B)(5) of section 4112.05 of the Revised
Code.

(b)

Upon
receipt of
Not
more than thirty days after receiving
a
timely mailed election to have the alleged unlawful discriminatory
practices addressed in a civil action, the commission shall authorize
the office of the attorney general to commence and maintain the civil
action in the court of common pleas of the county in which the
alleged unlawful discriminatory practices occurred. Notwithstanding
the period of limitations specified in division (A)(1) of this
section, the office of the attorney general shall commence the civil
action within thirty days after the receipt of the commission's
authorization to commence the civil action.

Notwithstanding
the period of limitations specified in division (A)(1) of this
section, if the commission fails to authorize the office of the
attorney general to commence and maintain a civil action as required
under this division, or the attorney general fails to commence a
civil action as required under this division, the complainant or any
aggrieved person may commence the action not less than thirty days,
but not more than sixty days, after the date an election is mailed
under division (A)(2)(a) of this section.

(c)
Upon commencement of the civil action in accordance with division
(A)(2)(b) of this section, the commission shall prepare an order
dismissing the complaint in the pending administrative matter and
serve a copy of the order upon the complainant, each aggrieved person
on whose behalf the complaint was issued, and the respondent.

(d)
If an election to have the alleged unlawful discriminatory practices
addressed in a civil action is not filed in accordance with division
(A)(2)(a) of this section, the commission shall continue with the
administrative hearing process described in section 4112.05 of the
Revised Code.

(e)
With respect to the issues to be determined in a civil action
commenced in accordance with division (A)(2)(b) of this section, any
aggrieved person may intervene as a matter of right in that civil
action.

(B)
If the court or the jury in a civil action under this section finds
that a violation of division (H) of section 4112.02 of the Revised
Code is about to occur, the court may order any affirmative action it
considers appropriate, including a permanent or temporary injunction
or temporary restraining order.

(C)
Any sale, encumbrance, or rental consummated prior to the issuance of
any court order under the authority of this section and involving a
bona fide purchaser, encumbrancer, or tenant without actual notice of
the existence of a charge under division (H) of section 4112.02 of
the Revised Code or a civil action under this section is not affected
by the court order.

(D)
If the court or the jury in a civil action under this section finds
that a violation of division (H) of section 4112.02 of the Revised
Code has occurred, the court shall award to the plaintiff or to the
complainant or aggrieved person on whose behalf the office of the
attorney general commenced or maintained the civil action, whichever
is applicable, actual damages, reasonable attorney's fees, court
costs incurred in the prosecution of the action, expert witness fees,
and other litigation expenses, and may grant other relief that it
considers appropriate, including a permanent or temporary injunction,
a temporary restraining order, or other order and punitive damages.

(E)
Any civil action brought under this section shall be heard and
determined as expeditiously as possible.

(F)
The court in a civil action under this section shall notify the
commission of any finding pertaining to discriminatory housing
practices within fifteen days after the entry of the finding.

Sec.
4113.31.
(A)
As used in this section:

(1)
"Employer," "mass layoff," and "plant
closing" have the same meanings as in the WARN Act and 20 C.F.R.
639.3.

(2)
"WARN Act" means the "Worker Adjustment and Retraining
Notification (WARN) Act," 29 U.S.C. 2101, et seq.

(B)
An employer in this state shall comply with all requirements in the
WARN Act and 20 C.F.R. 639.1 to 639.10. The requirements specified in
this section do not establish a different standard than that
established by federal statutes and regulations.

(C)
In accordance with 29 U.S.C 2101(a)(1)(B), an employer must provide
the notice required by 29 U.S.C. 2102(a) if both of the following
apply:

(1)
The employer employs one hundred or more employees who in the
aggregate work at least four thousand hours a week.

(2)
The employer lays off fifty or more employees at a single site of
employment during any thirty-day period.

(D)
An employer is not required to provide the notice described in 29
U.S.C. 2102(a) when a plant closing or mass layoff constitutes a
strike or constitutes a lockout as described in 29 U.S.C. 2103 and 20
C.F.R. 639.5(d).

(E)
In accordance with 29 U.S.C 2102(a)(1), not less than sixty days
before the date a plant closing or mass layoff begins, an employer
shall provide written notice of the closing or layoff to affected
employees' authorized representatives or, if there are no such
representatives at the time, to each affected employee.

(1)
The employer shall include all of the following in a notice provided
to affected employees' authorized representatives:

(a)
The location of the facility affected by the plant closing or mass
layoff;

(b)
A detailed statement explaining the reason for the plant closing or
mass layoff and whether it will be permanent or temporary;

(c)
The expected date when the plant closing or mass layoff will commence
and the anticipated date on which the employees' employment will
cease;

(d)
The total number of employees affected by the plant closing or mass
layoff, including the employees' job titles or positions and any
department or division impacted.

(2)
The employer shall include all of the following in a notice provided
to affected employees' who do not have an authorized representative
at the time the notice is sent:

(a)
A detailed statement explaining the reason for the plant closing or
mass layoff and whether it will be permanent or temporary;

(b)
The expected date when the plant closing or mass layoff will commence
and the anticipated date on which the employees' employment will
cease;

(c)
An indication as to whether an affected employee has bumping rights
or other reemployment rights under a collective bargaining agreement
or a company policy, including any procedures for exercising those
rights;

(d)
Information on how affected employees can access unemployment
insurance benefits and other assistance programs;

(e)
The name, title, and contact information of an employer
representative who can answer questions about the plant closing or
mass layoff;

(f)
Information about any available services for an affected employee,
including job placement assistance, retraining programs, or
counseling services.

(F)
In accordance with 29 U.S.C 2102(a)(2), an employer shall provide
written notice of a plant closing or mass layoff to the director of
job and family services and to the chief elected official of the
municipal corporation and the county where the plant closing or mass
layoff is to occur. The written notice shall include the same
information required under division (E) of this section and all of
the following:

(1)
A description of any action taken or planned to mitigate the impact
of the plant closing or mass layoff, including any efforts to secure
alternative employment or training for affected employees;

(2)
The name of each employee organization representing affected
employees, and the name and address of the chief elected officer of
each organization;

(3)
A copy of the notice provided to affected employees or their
representatives, as applicable.

(G)
The period within which an employer shall provide notice may be
reduced or waived under the circumstances described in 29 U.S.C.
2102(b).

(H)
The director of job and family services may issue guidance and
procedures for the submission and review of notices by employers.

(I)
When an employer fails to comply with the WARN Act, an affected
employee may seek the remedies specified in 29 U.S.C. 2104.

Sec.
4117.08.
(A)
All matters pertaining to wages, hours, or terms and other conditions
of employment and the continuation, modification, or deletion of an
existing provision of a collective bargaining agreement are subject
to collective bargaining between the public employer and the
exclusive representative, except as otherwise specified in this
section and division (E) of section 4117.03 of the Revised Code.

(B)

Neither
of the following are appropriate subjects for collective bargaining:

(1)

The
conduct and grading of civil service examinations, the rating of
candidates, the establishment of eligible lists from the
examinations, and the original appointments from the eligible lists

are
not appropriate subjects for collective bargaining
;

(2)
For collective bargaining agreements that are entered into on or
after the effective date of this amendment, the ability of state
employees to perform their duties at a location designated as a
worksite under division (B)(2) of section 124.184 of the Revised Code
or other location designated under division (D) of section 124.184 of
the Revised Code
.

(C)
Unless a public employer agrees otherwise in a collective bargaining
agreement, nothing in Chapter 4117. of the Revised Code impairs the
right and responsibility of each public employer to:

(1)
Determine matters of inherent managerial policy which include, but
are not limited to
,

areas of discretion or policy such as the functions and programs of
the public employer, standards of services, its overall budget,
utilization of technology, and organizational structure;

(2)
Direct, supervise, evaluate, or hire employees;

(3)
Maintain and improve the efficiency and effectiveness of governmental
operations;

(4)
Determine the overall methods, process, means, or personnel by which
governmental operations are to be conducted;

(5)
Suspend, discipline, demote, or discharge for just cause, or lay off,
transfer, assign, schedule, promote, or retain employees;

(6)
Determine the adequacy of the work force;

(7)
Determine the overall mission of the employer as a unit of
government;

(8)
Effectively manage the work force;

(9)
Take actions to carry out the mission of the public employer as a
governmental unit.

The
employer is not required to bargain on subjects reserved to the
management and direction of the governmental unit except as affect
wages, hours, terms and conditions of employment, and the
continuation, modification, or deletion of an existing provision of a
collective bargaining agreement. A public employee or exclusive
representative may raise a legitimate complaint or file a grievance
based on the collective bargaining agreement.

Sec.
4117.10.
(A)
An agreement between a public employer and an exclusive
representative entered into pursuant to this chapter governs the
wages, hours, and terms and conditions of public employment covered
by the agreement. If the agreement provides for a final and binding
arbitration of grievances, public employers, employees, and employee
organizations are subject solely to that grievance procedure and the
state personnel board of review or civil service commissions have no
jurisdiction to receive and determine any appeals relating to matters
that were the subject of a final and binding grievance procedure.
Where no agreement exists or where an agreement makes no
specification about a matter, the public employer and public
employees are subject to all applicable state or local laws or
ordinances pertaining to the wages, hours, and terms and conditions
of employment for public employees. All of the following prevail over
conflicting provisions of agreements between employee organizations
and public employers:

(1)
Laws pertaining to any of the following subjects:

(a)
Civil rights;

(b)
Affirmative action;

(c)
Unemployment compensation;

(d)
Workers' compensation;

(e)
The retirement of public employees;

(f)
Residency requirements;

(g)
The minimum educational requirements contained in the Revised Code
pertaining to public education including the requirement of a
certificate by the fiscal officer of a school district pursuant to
section 5705.41 of the Revised Code;

(h)
The provisions of division (A) of section 124.34 of the Revised Code
governing the disciplining of officers and employees who have been
convicted of a felony;

(i)
The minimum standards promulgated by the director of education and
workforce pursuant to division (D) of section 3301.07 of the Revised
Code.

(2)
The law pertaining to the leave of absence and compensation provided
under section 5923.05 of the Revised Code, if the terms of the
agreement contain benefits which are less than those contained in
that section or the agreement contains no such terms and the public
authority is the state or any agency, authority, commission, or board
of the state or if the public authority is another entity listed in
division (B) of section 4117.01 of the Revised Code that elects to
provide leave of absence and compensation as provided in section
5923.05 of the Revised Code;

(3)
The law pertaining to the leave established under section 5906.02 of
the Revised Code, if the terms of the agreement contain benefits that
are less than those contained in section 5906.02 of the Revised Code;

(4)
The law pertaining to excess benefits prohibited under section
3345.311 of the Revised Code with respect to an agreement between an
employee organization and a public employer entered into on or after
September 29, 2015
;

(5)
The law pertaining to state employee work location policies under
section 124.184 of the Revised Code with respect to an agreement
between an employee organization and a public employer entered into
on or after the effective date of this amendment
.

Except
for sections 306.08, 306.12, 306.35, and 4981.22 of the Revised Code
and arrangements entered into thereunder, and section 4981.21 of the
Revised Code as necessary to comply with section 13(c) of the "Urban
Mass Transportation Act of 1964," 87 Stat. 295, 49 U.S.C.A.
1609(c), as amended, and arrangements entered into thereunder, this
chapter prevails over any and all other conflicting laws,
resolutions, provisions, present or future, except as otherwise
specified in this chapter or as otherwise specified by the general
assembly. Nothing in this section prohibits or shall be construed to
invalidate the provisions of an agreement establishing supplemental
workers' compensation or unemployment compensation benefits or
exceeding minimum requirements contained in the Revised Code
pertaining to public education or the minimum standards promulgated
by the director of education and workforce pursuant to division (D)
of section 3301.07 of the Revised Code.

(B)
The public employer shall submit a request for funds necessary to
implement an agreement and for approval of any other matter requiring
the approval of the appropriate legislative body to the legislative
body within fourteen days of the date on which the parties finalize
the agreement, unless otherwise specified, but if the appropriate
legislative body is not in session at the time, then within fourteen
days after it convenes. The legislative body must approve or reject
the submission as a whole, and the submission is deemed approved if
the legislative body fails to act within thirty days after the public
employer submits the agreement. The parties may specify that those
provisions of the agreement not requiring action by a legislative
body are effective and operative in accordance with the terms of the
agreement, provided there has been compliance with division (C) of
this section. If the legislative body rejects the submission of the
public employer, either party may reopen all or part of the entire
agreement.

As
used in this section, "legislative body" includes the
governing board of a municipal corporation, school district, college
or university, village, township, or board of county commissioners or
any other body that has authority to approve the budget of their
public jurisdiction and, with regard to the state, "legislative
body" means the controlling board.

(C)
The chief executive officer, or the chief executive officer's
representative, of each municipal corporation, the designated
representative of the board of education of each school district,
college or university, or any other body that has authority to
approve the budget of their public jurisdiction, the designated
representative of the board of county commissioners and of each
elected officeholder of the county whose employees are covered by the
collective negotiations, and the designated representative of the
village or the board of township trustees of each township is
responsible for negotiations in the collective bargaining process;
except that the legislative body may accept or reject a proposed
collective bargaining agreement. When the matters about which there
is agreement are reduced to writing and approved by the employee
organization and the legislative body, the agreement is binding upon
the legislative body, the employer, and the employee organization and
employees covered by the agreement.

(D)
There is hereby established an office of collective bargaining in the
department of administrative services for the purpose of negotiating
with and entering into written agreements between state agencies,
departments, boards, and commissions and the exclusive representative
on matters of wages, hours, terms and other conditions of employment
and the continuation, modification, or deletion of an existing
provision of a collective bargaining agreement. Nothing in any
provision of law to the contrary shall be interpreted as excluding
the bureau of workers' compensation and the industrial commission
from the preceding sentence. This office shall not negotiate on
behalf of other statewide elected officials or boards of trustees of
state institutions of higher education who shall be considered as
separate public employers for the purposes of this chapter; however,
the office may negotiate on behalf of these officials or trustees
where authorized by the officials or trustees. The staff of the
office of collective bargaining are in the unclassified service. The
director of administrative services shall fix the compensation of the
staff.

The
office of collective bargaining shall:

(1)
Assist the director in formulating management's philosophy for public
collective bargaining as well as planning bargaining strategies;

(2)
Conduct negotiations with the exclusive representatives of each
employee organization;

(3)
Coordinate the state's resources in all mediation, fact-finding, and
arbitration cases as well as in all labor disputes;

(4)
Conduct systematic reviews of collective bargaining agreements for
the purpose of contract negotiations;

(5)
Coordinate the systematic compilation of data by all agencies that is
required for negotiating purposes;

(6)
Prepare and submit an annual report and other reports as requested to
the governor and the general assembly on the implementation of this
chapter and its impact upon state government.

Sec.
4141.01.
As
used in this chapter, unless the context otherwise requires:

(A)(1)
"Employer" means
the

any
of the following, provided the individual or entity is subject to
this chapter under section 4141.011 of the Revised Code: any
state,
its instrumentalities, its political subdivisions and their
instrumentalities, Indian tribes, and any individual or type of
organization including any partnership, limited liability company,
association, trust, estate, joint-stock company, insurance company,
or corporation, whether domestic or foreign, or the receiver, trustee
in bankruptcy, trustee, or the successor thereof, or the legal
representative of a deceased person

who
subsequent to December 31, 1971, or in the case of political
subdivisions or their instrumentalities, subsequent to December 31,
1973:

(a)
Had in employment at least one individual, or in the case of a
nonprofit organization, subsequent to December 31, 1973, had not less
than four individuals in employment for some portion of a day in each
of twenty different calendar weeks, in either the current or the
preceding calendar year whether or not the same individual was in
employment in each such day; or

(b)
Except for a nonprofit organization, had paid for service in
employment wages of fifteen hundred dollars or more in any calendar
quarter in either the current or preceding calendar year; or

(c)
Had paid, subsequent to December 31, 1977, for employment in domestic
service in a local college club, or local chapter of a college
fraternity or sorority, cash remuneration of one thousand dollars or
more in any calendar quarter in the current calendar year or the
preceding calendar year, or had paid subsequent to December 31, 1977,
for employment in domestic service in a private home cash
remuneration of one thousand dollars in any calendar quarter in the
current calendar year or the preceding calendar year:

(i)
For the purposes of divisions (A)(1)(a) and (b) of this section,
there shall not be taken into account any wages paid to, or
employment of, an individual performing domestic service as described
in this division.

(ii)
An employer under this division shall not be an employer with respect
to wages paid for any services other than domestic service unless the
employer is also found to be an employer under division (A)(1)(a),
(b), or (d) of this section.

(d)
As a farm operator or a crew leader subsequent to December 31, 1977,
had in employment individuals in agricultural labor; and

(i)
During any calendar quarter in the current calendar year or the
preceding calendar year, paid cash remuneration of twenty thousand
dollars or more for the agricultural labor; or

(ii)
Had at least ten individuals in employment in agricultural labor, not
including agricultural workers who are aliens admitted to the United
States to perform agricultural labor pursuant to sections 1184(c) and
1101(a)(15)(H) of the "Immigration and Nationality Act," 66
Stat. 163, 189, 8 U.S.C.A. 1101(a)(15)(H)(ii)(a), 1184(c), for some
portion of a day in each of the twenty different calendar weeks, in
either the current or preceding calendar year whether or not the same
individual was in employment in each day; or

(e)
Is not otherwise an employer as defined under division (A)(1)(a) or
(b) of this section; and

(i)
For which, within either the current or preceding calendar year,
service, except for domestic service in a private home not covered
under division (A)(1)(c) of this section, is or was performed with
respect to which such employer is liable for any federal tax against
which credit may be taken for contributions required to be paid into
a state unemployment fund;

(ii)
Which, as a condition for approval of this chapter for full tax
credit against the tax imposed by the "Federal Unemployment Tax
Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is required,
pursuant to such act to be an employer under this chapter; or

(iii)
Who became an employer by election under division (A)(4) or (5) of
this section and for the duration of such election; or

(f)
In the case of the state, its instrumentalities, its political
subdivisions, and their instrumentalities, and Indian tribes, had in
employment, as defined in divisions (B)(2)(a) and (B)(2)(l) of this
section, at least one individual;

(g)
For the purposes of division (A)(1)(a) of this section, if any week
includes both the thirty-first day of December and the first day of
January, the days of that week before the first day of January shall
be considered one calendar week and the days beginning the first day
of January another week
.

(2)
Each individual employed to perform or to assist in performing the
work of any agent or employee of an employer is employed by such
employer for all the purposes of this chapter, whether such
individual was hired or paid directly by such employer or by such
agent or employee, provided the employer had actual or constructive
knowledge of the work. All individuals performing services for an
employer of any person in this state who maintains two or more
establishments within this state are employed by a single employer
for the purposes of this chapter.

(3)
An employer subject to this chapter within any calendar year is
subject to this chapter during the whole of such year and during the
next succeeding calendar year.

(4)
An employer not otherwise subject to this chapter who files with the
director of job and family services a written election to become an
employer subject to this chapter for not less than two calendar years
shall, with the written approval of such election by the director,
become an employer subject to this chapter to the same extent as all
other employers as of the date stated in such approval, and shall
cease to be subject to this chapter as of the first day of January of
any calendar year subsequent to such two calendar years only if at
least thirty days prior to such first day of January the employer has
filed with the director a written notice to that effect.

(5)
Any employer for whom services that do not constitute employment are
performed may file with the director a written election that all such
services performed by individuals in the employer's employ in one or
more distinct establishments or places of business shall be deemed to
constitute employment for all the purposes of this chapter, for not
less than two calendar years. Upon written approval of the election
by the director, such services shall be deemed to constitute
employment subject to this chapter from and after the date stated in
such approval. Such services shall cease to be employment subject to
this chapter as of the first day of January of any calendar year
subsequent to such two calendar years only if at least thirty days
prior to such first day of January such employer has filed with the
director a written notice to that effect.

(6)
"Employer" does not include a franchisor with respect to
the franchisor's relationship with a franchisee or an employee of a
franchisee, unless the franchisor agrees to assume that role in
writing or a court of competent jurisdiction determines that the
franchisor exercises a type or degree of control over the franchisee
or the franchisee's employees that is not customarily exercised by a
franchisor for the purpose of protecting the franchisor's trademark,
brand, or both. For purposes of this division, "franchisor"
and "franchisee" have the same meanings as in 16 C.F.R.
436.1.

(B)(1)
"Employment" means service performed by an individual for
remuneration under any contract of hire, written or oral, express or
implied, including service performed in interstate commerce and
service performed by an officer of a corporation, without regard to
whether such service is executive, managerial, or manual in nature,
and without regard to whether such officer is a stockholder or a
member of the board of directors of the corporation, unless it is
shown to the satisfaction of the director that such individual has
been and will continue to be free from direction or control over the
performance of such service, both under a contract of service and in
fact. The director
of
job and family services
shall
adopt rules to define "direction or control."

(2)
"Employment" includes:

(a)
Service performed after December 31, 1977, by an individual in the
employ of the state or any of its instrumentalities, or any political
subdivision thereof or any of its instrumentalities or any
instrumentality of more than one of the foregoing or any
instrumentality of any of the foregoing and one or more other states
or political subdivisions and without regard to
divisions

division

(A)
(1)(a)
and (b)

of
this

section

4141.011
of the Revised Code
,
provided that such service is excluded from employment as defined in
the "Federal Unemployment Tax Act," 53 Stat. 183, 26
U.S.C.A. 3301, 3306(c)(7) and is not excluded under division (B)(3)
of this section; or the services of employees covered by voluntary
election, as provided under divisions
(A)(4)
(H)

and
(5)
(I)

of
this

section

4141.011
of the Revised Code
;

(b)
Service performed after December 31, 1971, by an individual in the
employ of a religious, charitable, educational, or other organization
which is excluded from the term "employment" as defined in
the "Federal Unemployment Tax Act," 84 Stat. 713, 26
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A.
3306(c)(8) of that act and is not excluded under division (B)(3) of
this section;

(c)
Domestic service performed after December 31, 1977, for an employer,
as provided in division
(A)(1)(c)
(C)

of
this

section

4141.011
of the Revised Code
;

(d)
Agricultural labor performed after December 31, 1977, for a farm
operator or a crew leader, as provided in division
(A)(1)(d)
(D)

of
this

section

4141.011
of the Revised Code
;

(e)
Subject to division (B)(2)(m) of this section, service not covered
under division (B)(1) of this section which is performed after
December 31, 1971:

(i)
As an agent-driver or commission-driver engaged in distributing meat
products, vegetable products, fruit products, bakery products,
beverages other than milk, laundry, or dry-cleaning services, for the
individual's employer or principal;

(ii)
As a traveling or city salesperson, other than as an agent-driver or
commission-driver, engaged on a full-time basis in the solicitation
on behalf of and in the transmission to the salesperson's employer or
principal except for sideline sales activities on behalf of some
other person of orders from wholesalers, retailers, contractors, or
operators of hotels, restaurants, or other similar establishments for
merchandise for resale, or supplies for use in their business
operations, provided that for the purposes of division (B)(2)(e)(ii)
of this section, the services shall be deemed employment if the
contract of service contemplates that substantially all of the
services are to be performed personally by the individual and that
the individual does not have a substantial investment in facilities
used in connection with the performance of the services other than in
facilities for transportation, and the services are not in the nature
of a single transaction that is not a part of a continuing
relationship with the person for whom the services are performed.

(f)
An individual's entire service performed within or both within and
without the state if:

(i)
The service is localized in this state.

(ii)
The service is not localized in any state, but some of the service is
performed in this state and either the base of operations, or if
there is no base of operations then the place from which such service
is directed or controlled, is in this state or the base of operations
or place from which such service is directed or controlled is not in
any state in which some part of the service is performed but the
individual's residence is in this state.

(g)
Service not covered under division (B)(2)(f)(ii) of this section and
performed entirely without this state, with respect to no part of
which contributions are required and paid under an unemployment
compensation law of any other state, the Virgin Islands, Canada, or
of the United States, if the individual performing such service is a
resident of this state and the director approves the election of the
employer for whom such services are performed; or, if the individual
is not a resident of this state but the place from which the service
is directed or controlled is in this state, the entire services of
such individual shall be deemed to be employment subject to this
chapter, provided service is deemed to be localized within this state
if the service is performed entirely within this state or if the
service is performed both within and without this state but the
service performed without this state is incidental to the
individual's service within the state, for example, is temporary or
transitory in nature or consists of isolated transactions;

(h)
Service of an individual who is a citizen of the United States,
performed outside the United States except in Canada after December
31, 1971, or the Virgin Islands, after December 31, 1971, and before
the first day of January of the year following that in which the
United States secretary of labor approves the Virgin Islands law for
the first time, in the employ of an American employer, other than
service which is "employment" under divisions (B)(2)(f) and
(g) of this section or similar provisions of another state's law, if:

(i)
The employer's principal place of business in the United States is
located in this state;

(ii)
The employer has no place of business in the United States, but the
employer is an individual who is a resident of this state; or the
employer is a corporation which is organized under the laws of this
state, or the employer is a partnership or a trust and the number of
partners or trustees who are residents of this state is greater than
the number who are residents of any other state; or

(iii)
None of the criteria of divisions (B)(2)(f)(i) and (ii) of this
section is met but the employer has elected coverage in this state or
the employer having failed to elect coverage in any state, the
individual has filed a claim for benefits, based on such service,
under this chapter.

(i)
For the purposes of division (B)(2)(h) of this section, the term
"American employer" means an employer who is an individual
who is a resident of the United States; or a partnership, if
two-thirds or more of the partners are residents of the United
States; or a trust, if all of the trustees are residents of the
United States; or a corporation organized under the laws of the
United States or of any state, provided the term "United States"
includes the states, the District of Columbia, the Commonwealth of
Puerto Rico, and the Virgin Islands.

(j)
Notwithstanding any other provisions of divisions (B)(1) and (2) of
this section, service, except for domestic service in a private home
not covered under division
(A)(1)(c)
(C)

of
this

section

4141.011
of the Revised Code
,
with respect to which a tax is required to be paid under any federal
law imposing a tax against which credit may be taken for
contributions required to be paid into a state unemployment fund, or
service, except for domestic service in a private home not covered
under division
(A)(1)(c)
(C)

of
this

section

4141.011
of the Revised Code
,
which, as a condition for full tax credit against the tax imposed by
the "Federal Unemployment Tax Act," 84 Stat. 713, 26
U.S.C.A. 3301 to 3311, is required to be covered under this chapter.

(k)
Construction services performed by any individual under a
construction contract, as defined in section 4141.39 of the Revised
Code, if the director determines that the employer for whom services
are performed has the right to direct or control the performance of
the services and that the individuals who perform the services
receive remuneration for the services performed. The director shall
presume that the employer for whom services are performed has the
right to direct or control the performance of the services if ten or
more of the following criteria apply:

(i)
The employer directs or controls the manner or method by which
instructions are given to the individual performing services;

(ii)
The employer requires particular training for the individual
performing services;

(iii)
Services performed by the individual are integrated into the regular
functioning of the employer;

(iv)
The employer requires that services be provided by a particular
individual;

(v)
The employer hires, supervises, or pays the wages of the individual
performing services;

(vi)
A continuing relationship between the employer and the individual
performing services exists which contemplates continuing or recurring
work, even if not full-time work;

(vii)
The employer requires the individual to perform services during
established hours;

(viii)
The employer requires that the individual performing services be
devoted on a full-time basis to the business of the employer;

(ix)
The employer requires the individual to perform services on the
employer's premises;

(x)
The employer requires the individual performing services to follow
the order of work established by the employer;

(xi)
The employer requires the individual performing services to make oral
or written reports of progress;

(xii)
The employer makes payment to the individual for services on a
regular basis, such as hourly, weekly, or monthly;

(xiii)
The employer pays expenses for the individual performing services;

(xiv)
The employer furnishes the tools and materials for use by the
individual to perform services;

(xv)
The individual performing services has not invested in the facilities
used to perform services;

(xvi)
The individual performing services does not realize a profit or
suffer a loss as a result of the performance of the services;

(xvii)
The individual performing services is not performing services for
more than two employers simultaneously;

(xviii)
The individual performing services does not make the services
available to the general public;

(xix)
The employer has a right to discharge the individual performing
services;

(xx)
The individual performing services has the right to end the
individual's relationship with the employer without incurring
liability pursuant to an employment contract or agreement.

(l)
Service performed by an individual in the employ of an Indian tribe
as defined by section 4(e) of the "Indian Self-Determination and
Education Assistance Act," 88 Stat. 2204 (1975), 25 U.S.C.A.
450b(e), including any subdivision, subsidiary, or business
enterprise wholly owned by an Indian tribe provided that the service
is excluded from employment as defined in the "Federal
Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 and
3306(c)(7) and is not excluded under division (B)(3) of this section.

(m)
Service performed by an individual for or on behalf of a motor
carrier transporting property as an operator of a vehicle or vessel,
unless all of the following factors apply to the individual and the
motor carrier has not elected to consider the individual's service as
employment:

(i)
The individual owns the vehicle or vessel that is used in performing
the services for or on behalf of the carrier, or the individual
leases the vehicle or vessel under a bona fide lease agreement that
is not a temporary replacement lease agreement. For purposes of this
division, a bona fide lease agreement does not include an agreement
between the individual and the motor carrier transporting property
for which, or on whose behalf, the individual provides services.

(ii)
The individual is responsible for supplying the necessary personal
services to operate the vehicle or vessel used to provide the
service.

(iii)
The compensation paid to the individual is based on factors related
to work performed, including on a mileage-based rate or a percentage
of any schedule of rates, and not solely on the basis of the hours or
time expended.

(iv)
The individual substantially controls the means and manner of
performing the services, in conformance with regulatory requirements
and specifications of the shipper.

(v)
The individual enters into a written contract with the carrier for
whom the individual is performing the services that describes the
relationship between the individual and the carrier to be that of an
independent contractor and not that of an employee.

(vi)
The individual is responsible for substantially all of the principal
operating costs of the vehicle or vessel and equipment used to
provide the services, including maintenance, fuel, repairs, supplies,
vehicle or vessel insurance, and personal expenses, except that the
individual may be paid by the carrier the carrier's fuel surcharge
and incidental costs, including tolls, permits, and lumper fees.

(vii)
The individual is responsible for any economic loss or economic gain
from the arrangement with the carrier.

(viii)
The individual is not performing services described in 26 U.S.C.
3306(c)(7) or (8).

(3)
"Employment" does not include the following services if
they are found not subject to the "Federal Unemployment Tax
Act," 84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the
services are not required to be included under division (B)(2)(j) of
this section:

(a)
Service performed after December 31, 1977, in agricultural labor,
except as provided in division
(A)(1)(d)
(D)

of
this

section

4141.011
of the Revised Code
;

(b)
Domestic service performed after December 31, 1977, in a private
home, local college club, or local chapter of a college fraternity or
sorority except as provided in division
(A)(1)(c)
(C)

of
this

section

4141.011
of the Revised Code
;

(c)
Service performed after December 31, 1977, for this state or a
political subdivision as described in division (B)(2)(a) of this
section when performed:

(i)
As a publicly elected official;

(ii)
As a member of a legislative body, or a member of the judiciary;

(iii)
As a military member of the Ohio national guard;

(iv)
As an employee, not in the classified service as defined in section
124.11 of the Revised Code, serving on a temporary basis in case of
fire, storm, snow, earthquake, flood, or similar emergency;

(v)
In a position which, under or pursuant to law, is designated as a
major nontenured policymaking or advisory position, not in the
classified service of the state, or a policymaking or advisory
position the performance of the duties of which ordinarily does not
require more than eight hours per week.

(d)
In the employ of any governmental unit or instrumentality of the
United States;

(e)
Service performed after December 31, 1971:

(i)
Service in the employ of an educational institution or institution of
higher education, including those operated by the state or a
political subdivision, if such service is performed by a student who
is enrolled and is regularly attending classes at the educational
institution or institution of higher education; or

(ii)
By an individual who is enrolled at a nonprofit or public educational
institution which normally maintains a regular faculty and curriculum
and normally has a regularly organized body of students in attendance
at the place where its educational activities are carried on as a
student in a full-time program, taken for credit at the institution,
which combines academic instruction with work experience, if the
service is an integral part of the program, and the institution has
so certified to the employer, provided that this subdivision shall
not apply to service performed in a program established for or on
behalf of an employer or group of employers.

(f)
Service performed by an individual in the employ of the individual's
son, daughter, or spouse and service performed by a child under the
age of eighteen in the employ of the child's father or mother;

(g)
Service performed for one or more principals by an individual who is
compensated on a commission basis, who in the performance of the work
is master of the individual's own time and efforts, and whose
remuneration is wholly dependent on the amount of effort the
individual chooses to expend, and which service is not subject to the
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26
U.S.C.A. 3301 to 3311. Service performed after December 31, 1971:

(i)
By an individual for an employer as an insurance agent or as an
insurance solicitor, if all this service is performed for
remuneration solely by way of commission;

(ii)
As a home worker performing work, according to specifications
furnished by the employer for whom the services are performed, on
materials or goods furnished by such employer which are required to
be returned to the employer or to a person designated for that
purpose.

(h)
Service performed after December 31, 1971:

(i)
In the employ of a church or convention or association of churches,
or in an organization which is operated primarily for religious
purposes and which is operated, supervised, controlled, or
principally supported by a church or convention or association of
churches;

(ii)
By a duly ordained, commissioned, or licensed minister of a church in
the exercise of the individual's ministry or by a member of a
religious order in the exercise of duties required by such order; or

(iii)
In a facility conducted for the purpose of carrying out a program of
rehabilitation for individuals whose earning capacity is impaired by
age or physical or mental disability or injury, or providing
remunerative work for individuals who because of their impaired
physical or mental capacity cannot be readily absorbed in the
competitive labor market, by an individual receiving such
rehabilitation or remunerative work.

(i)
Service performed after June 30, 1939, with respect to which
unemployment compensation is payable under the "Railroad
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C.
351;

(j)
Service performed by an individual in the employ of any organization
exempt from income tax under section 501 of the "Internal
Revenue Code of 1954," if the remuneration for such service does
not exceed fifty dollars in any calendar quarter, or if such service
is in connection with the collection of dues or premiums for a
fraternal beneficial society, order, or association and is performed
away from the home office or is ritualistic service in connection
with any such society, order, or association;

(k)
Casual labor not in the course of an employer's trade or business;
incidental service performed by an officer, appraiser, or member of a
finance committee of a bank, building and loan association, savings
and loan association, or savings association when the remuneration
for such incidental service exclusive of the amount paid or allotted
for directors' fees does not exceed sixty dollars per calendar
quarter is casual labor;

(l)
Service performed in the employ of a voluntary employees' beneficial
association providing for the payment of life, sickness, accident, or
other benefits to the members of such association or their dependents
or their designated beneficiaries, if admission to a membership in
such association is limited to individuals who are officers or
employees of a municipal or public corporation, of a political
subdivision of the state, or of the United States and no part of the
net earnings of such association inures, other than through such
payments, to the benefit of any private shareholder or individual;

(m)
Service performed by an individual in the employ of a foreign
government, including service as a consular or other officer or
employee or of a nondiplomatic representative;

(n)
Service performed in the employ of an instrumentality wholly owned by
a foreign government if the service is of a character similar to that
performed in foreign countries by employees of the United States or
of an instrumentality thereof and if the director finds that the
secretary of state of the United States has certified to the
secretary of the treasury of the United States that the foreign
government, with respect to whose instrumentality exemption is
claimed, grants an equivalent exemption with respect to similar
service performed in the foreign country by employees of the United
States and of instrumentalities thereof;

(o)
Service with respect to which unemployment compensation is payable
under an unemployment compensation system established by an act of
congress;

(p)
Service performed as a student nurse in the employ of a hospital or a
nurses' training school by an individual who is enrolled and is
regularly attending classes in a nurses' training school chartered or
approved pursuant to state law, and service performed as an intern in
the employ of a hospital by an individual who has completed a four
years' course in a medical school chartered or approved pursuant to
state law;

(q)
Service performed by an individual under the age of eighteen in the
delivery or distribution of newspapers or shopping news, not
including delivery or distribution to any point for subsequent
delivery or distribution;

(r)
Service performed in the employ of the United States or an
instrumentality of the United States immune under the Constitution of
the United States from the contributions imposed by this chapter,
except that to the extent that congress permits states to require any
instrumentalities of the United States to make payments into an
unemployment fund under a state unemployment compensation act, this
chapter shall be applicable to such instrumentalities and to services
performed for such instrumentalities in the same manner, to the same
extent, and on the same terms as to all other employers, individuals,
and services, provided that if this state is not certified for any
year by the proper agency of the United States under section 3304 of
the "Internal Revenue Code of 1954," the payments required
of such instrumentalities with respect to such year shall be refunded
by the director from the fund in the same manner and within the same
period as is provided in division (E) of section 4141.09 of the
Revised Code with respect to contributions erroneously collected;

(s)
Service performed by an individual as a member of a band or
orchestra, provided such service does not represent the principal
occupation of such individual, and which service is not subject to or
required to be covered for full tax credit against the tax imposed by
the "Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26
U.S.C.A. 3301 to 3311.

(t)
Service performed in the employ of a day camp whose camping season
does not exceed twelve weeks in any calendar year, and which service
is not subject to the "Federal Unemployment Tax Act," 53
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service performed after
December 31, 1971:

(i)
In the employ of a hospital, if the service is performed by a patient
of the hospital, as defined in division (W) of this section;

(ii)
For a prison or other correctional institution by an inmate of the
prison or correctional institution;

(iii)
Service performed after December 31, 1977, by an inmate of a
custodial institution operated by the state, a political subdivision,
or a nonprofit organization.

(u)
Service that is performed by a nonresident alien individual for the
period the individual temporarily is present in the United States as
a nonimmigrant under division (F), (J), (M), or (Q) of section
101(a)(15) of the "Immigration and Nationality Act," 66
Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded under
section 3306(c)(19) of the "Federal Unemployment Tax Act,"
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.

(v)
Notwithstanding any other provisions of division (B)(3) of this
section, services that are excluded under divisions (B)(3)(g), (j),
(k), and (l) of this section shall not be excluded from employment
when performed for a nonprofit organization, as defined in division
(X) of this section, or for this state or its instrumentalities, or
for a political subdivision or its instrumentalities or for Indian
tribes;

(w)
Service that is performed by an individual working as an election
official or election worker if the amount of remuneration received by
the individual during the calendar year for services as an election
official or election worker is less than one thousand dollars;

(x)
Service performed for an elementary or secondary school that is
operated primarily for religious purposes, that is described in
subsection 501(c)(3) and exempt from federal income taxation under
subsection 501(a) of the Internal Revenue Code, 26 U.S.C.A. 501;

(y)
Service performed by a person committed to a penal institution.

(z)
Service performed for an Indian tribe as described in division
(B)(2)(l) of this section when performed in any of the following
manners:

(i)
As a publicly elected official;

(ii)
As a member of an Indian tribal council;

(iii)
As a member of a legislative or judiciary body;

(iv)
In a position which, pursuant to Indian tribal law, is designated as
a major nontenured policymaking or advisory position, or a
policymaking or advisory position where the performance of the duties
ordinarily does not require more than eight hours of time per week;

(v)
As an employee serving on a temporary basis in the case of a fire,
storm, snow, earthquake, flood, or similar emergency.

(aa)
Service performed after December 31, 1971, for a nonprofit
organization, this state or its instrumentalities, a political
subdivision or its instrumentalities, or an Indian tribe as part of
an unemployment work-relief or work-training program assisted or
financed in whole or in part by any federal agency or an agency of a
state or political subdivision, thereof, by an individual receiving
the work-relief or work-training.

(bb)
Participation in a learn to earn program as defined in section
4141.293 of the Revised Code.

(4)
If the services performed during one half or more of any pay period
by an employee for the person employing that employee constitute
employment, all the services of such employee for such period shall
be deemed to be employment; but if the services performed during more
than one half of any such pay period by an employee for the person
employing that employee do not constitute employment, then none of
the services of such employee for such period shall be deemed to be
employment. As used in division (B)(4) of this section, "pay
period" means a period, of not more than thirty-one consecutive
days, for which payment of remuneration is ordinarily made to the
employee by the person employing that employee. Division (B)(4) of
this section does not apply to services performed in a pay period by
an employee for the person employing that employee, if any of such
service is excepted by division (B)(3)(o) of this section.

(C)
"Benefits" means money payments payable to an individual
who has established benefit rights, as provided in this chapter, for
loss of remuneration due to the individual's unemployment.

(D)
"Benefit rights" means the weekly benefit amount and the
maximum benefit amount that may become payable to an individual
within the individual's benefit year as determined by the director.

(E)
"Claim for benefits" means a claim for waiting period or
benefits for a designated week.

(F)
"Additional claim" means the first claim for benefits filed
following any separation from employment during a benefit year;
"continued claim" means any claim other than the first
claim for benefits and other than an additional claim.

(G)
"Wages" means remuneration paid to an employee by each of
the employee's employers with respect to employment; except that
wages shall not include that part of remuneration paid during any
calendar year to an individual by an employer or such employer's
predecessor in interest in the same business or enterprise, which in
any calendar year is in excess of nine thousand dollars on and after
January 1, 1995; nine thousand five hundred dollars on and after
January 1, 2018; and nine thousand dollars on and after January 1,
2020. Remuneration in excess of such amounts shall be deemed wages
subject to contribution to the same extent that such remuneration is
defined as wages under the "Federal Unemployment Tax Act,"
84 Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The
remuneration paid an employee by an employer with respect to
employment in another state, upon which contributions were required
and paid by such employer under the unemployment compensation act of
such other state, shall be included as a part of remuneration in
computing the amount specified in this division.

(H)(1)
"Remuneration" means all compensation for personal
services, including commissions and bonuses and the cash value of all
compensation in any medium other than cash, except that in the case
of agricultural or domestic service, "remuneration"
includes only cash remuneration. Gratuities customarily received by
an individual in the course of the individual's employment from
persons other than the individual's employer and which are accounted
for by such individual to the individual's employer are taxable
wages.

The
reasonable cash value of compensation paid in any medium other than
cash shall be estimated and determined in accordance with rules
prescribed by the director, provided that "remuneration"
does not include:

(a)
Payments as provided in divisions (b)(2) to (b)(20) of section 3306
of the "Federal Unemployment Tax Act," 84 Stat. 713, 26
U.S.C.A. 3301 to 3311, as amended;

(b)
The payment by an employer, without deduction from the remuneration
of the individual in the employer's employ, of the tax imposed upon
an individual in the employer's employ under section 3101 of the
"Internal Revenue Code of 1954," with respect to services
performed after October 1, 1941.

(2)
"Cash remuneration" means all remuneration paid in cash,
including commissions and bonuses, but not including the cash value
of all compensation in any medium other than cash.

(I)
"Interested party" means the director and any party to whom
notice of a determination of an application for benefit rights or a
claim for benefits is required to be given under section 4141.28 of
the Revised Code.

(J)
"Annual payroll" means the total amount of wages subject to
contributions during a twelve-month period ending with the last day
of the second calendar quarter of any calendar year.

(K)
"Average annual payroll" means the average of the last
three annual payrolls of an employer, provided that if, as of any
computation date, the employer has had less than three annual
payrolls in such three-year period, such average shall be based on
the annual payrolls which the employer has had as of such date.

(L)(1)
"Contributions" means the money payments to the state
unemployment compensation fund required of employers by section
4141.25 of the Revised Code and of the state and any of its political
subdivisions electing to pay contributions under section 4141.242 of
the Revised Code. Employers paying contributions shall be described
as "contributory employers."

(2)
"Payments in lieu of contributions" means the money
payments to the state unemployment compensation fund required of
reimbursing employers under sections 4141.241 and 4141.242 of the
Revised Code.

(M)
An individual is "totally unemployed" in any week during
which the individual performs no services and with respect to such
week no remuneration is payable to the individual.

(N)
An individual is "partially unemployed" in any week if, due
to involuntary loss of work, the total remuneration payable to the
individual for such week is less than the individual's weekly benefit
amount.

(O)
"Week" means the calendar week ending at midnight Saturday
unless an equivalent week of seven consecutive calendar days is
prescribed by the director.

(1)
"Qualifying week" means any calendar week in an
individual's base period with respect to which the individual earns
or is paid remuneration in employment subject to this chapter. A
calendar week with respect to which an individual earns remuneration
but for which payment was not made within the base period, when
necessary to qualify for benefit rights, may be considered to be a
qualifying week. The number of qualifying weeks which may be
established in a calendar quarter shall not exceed the number of
calendar weeks in the quarter.

(2)
"Average weekly wage" means the amount obtained by dividing
an individual's total remuneration for all qualifying weeks during
the base period by the number of such qualifying weeks, provided that
if the computation results in an amount that is not a multiple of one
dollar, such amount shall be rounded to the next lower multiple of
one dollar.

(P)
"Weekly benefit amount" means the amount of benefits an
individual would be entitled to receive for one week of total
unemployment.

(Q)(1)
"Base period" means the first four of the last five
completed calendar quarters immediately preceding the first day of an
individual's benefit year, except as provided in division (Q)(2) of
this section.

(2)
If an individual does not have sufficient qualifying weeks and wages
in the base period to qualify for benefit rights, the individual's
base period shall be the four most recently completed calendar
quarters preceding the first day of the individual's benefit year.
Such base period shall be known as the "alternate base period."
If information as to weeks and wages for the most recent quarter of
the alternate base period is not available to the director from the
regular quarterly reports of wage information, which are
systematically accessible, the director may, consistent with the
provisions of section 4141.28 of the Revised Code, base the
determination of eligibility for benefits on the affidavit of the
claimant with respect to weeks and wages for that calendar quarter.
The claimant shall furnish payroll documentation, where available, in
support of the affidavit. The determination based upon the alternate
base period as it relates to the claimant's benefit rights, shall be
amended when the quarterly report of wage information from the
employer is timely received and that information causes a change in
the determination. As provided in division (B) of section 4141.28 of
the Revised Code, any benefits paid and charged to an employer's
account, based upon a claimant's affidavit, shall be adjusted
effective as of the beginning of the claimant's benefit year. No
calendar quarter in a base period or alternate base period shall be
used to establish a subsequent benefit year.

(3)
The "base period" of a combined wage claim, as described in
division (H) of section 4141.43 of the Revised Code, shall be the
base period prescribed by the law of the state in which the claim is
allowed.

(4)
For purposes of determining the weeks that comprise a completed
calendar quarter under this division, only those weeks ending at
midnight Saturday within the calendar quarter shall be utilized.

(R)(1)
"Benefit year" with respect to an individual means the
fifty-two week period beginning with the first day of that week with
respect to which the individual first files a valid application for
determination of benefit rights, and thereafter the fifty-two week
period beginning with the first day of that week with respect to
which the individual next files a valid application for determination
of benefit rights after the termination of the individual's last
preceding benefit year, except that the application shall not be
considered valid unless the individual has had employment in six
weeks that is subject to this chapter or the unemployment
compensation act of another state, or the United States, and has,
since the beginning of the individual's previous benefit year, in the
employment earned three times the average weekly wage determined for
the previous benefit year. The "benefit year" of a combined
wage claim, as described in division (H) of section 4141.43 of the
Revised Code, shall be the benefit year prescribed by the law of the
state in which the claim is allowed. Any application for
determination of benefit rights made in accordance with section
4141.28 of the Revised Code is valid if the individual filing such
application is unemployed, has been employed by an employer or
employers subject to this chapter in at least twenty qualifying weeks
within the individual's base period, and has earned or been paid
remuneration at an average weekly wage of not less than twenty-seven
and one-half per cent of the statewide average weekly wage for such
weeks. For purposes of determining whether an individual has had
sufficient employment since the beginning of the individual's
previous benefit year to file a valid application, "employment"
means the performance of services for which remuneration is payable.

(2)
Effective for benefit years beginning on and after December 26, 2004,
but before July 1, 2022, any application for determination of benefit
rights made in accordance with section 4141.28 of the Revised Code is
valid if the individual satisfies the criteria described in division
(R)(1) of this section, and if the reason for the individual's
separation from employment is not disqualifying pursuant to division
(D)(2) of section 4141.29 or section 4141.291 of the Revised Code. A
disqualification imposed pursuant to division (D)(2) of section
4141.29 or section 4141.291 of the Revised Code must be removed as
provided in those sections as a requirement of establishing a valid
application for benefit years beginning on and after December 26,
2004, but before July 1, 2022. Effective for benefit years beginning
on and after July 1, 2022, any application for determination of
benefit rights made in accordance with section 4141.28 of the Revised
Code is valid if the individual satisfies the criteria described in
division (R)(1) of this section. A disqualification imposed pursuant
to division (D)(2) of section 4141.29 or section 4141.291 of the
Revised Code does not affect the validity of an application.

(3)
The statewide average weekly wage shall be calculated by the director
once a year based on the twelve-month period ending the thirtieth day
of June, as set forth in division (B)(3) of section 4141.30 of the
Revised Code, rounded down to the nearest dollar. Increases or
decreases in the amount of remuneration required to have been earned
or paid in order for individuals to have filed valid applications
shall become effective on Sunday of the calendar week in which the
first day of January occurs that follows the twelve-month period
ending the thirtieth day of June upon which the calculation of the
statewide average weekly wage was based.

(4)
As used in this division, an individual is "unemployed" if,
with respect to the calendar week in which such application is filed,
the individual is "partially unemployed" or "totally
unemployed" as defined in this section or if, prior to filing
the application, the individual was separated from the individual's
most recent work for any reason which terminated the individual's
employee-employer relationship, or was laid off indefinitely or for a
definite period of seven or more days.

(S)
"Calendar quarter" means the period of three consecutive
calendar months ending on the thirty-first day of March, the
thirtieth day of June, the thirtieth day of September, and the
thirty-first day of December, or the equivalent thereof as the
director prescribes by rule.

(T)
"Computation date" means the first day of the third
calendar quarter of any calendar year.

(U)
"Contribution period" means the calendar year beginning on
the first day of January of any year.

(V)
"Agricultural labor," for the purpose of this division,
means any service performed prior to January 1, 1972, which was
agricultural labor as defined in this division prior to that date,
and service performed after December 31, 1971:

(1)
On a farm, in the employ of any person, in connection with
cultivating the soil, or in connection with raising or harvesting any
agricultural or horticultural commodity, including the raising,
shearing, feeding, caring for, training, and management of livestock,
bees, poultry, and fur-bearing animals and wildlife;

(2)
In the employ of the owner or tenant or other operator of a farm in
connection with the operation, management, conservation, improvement,
or maintenance of such farm and its tools and equipment, or in
salvaging timber or clearing land of brush and other debris left by
hurricane, if the major part of such service is performed on a farm;

(3)
In connection with the production or harvesting of any commodity
defined as an agricultural commodity in section 15 (g) of the
"Agricultural Marketing Act," 46 Stat. 1550 (1931), 12
U.S.C. 1141j, as amended, or in connection with the ginning of
cotton, or in connection with the operation or maintenance of
ditches, canals, reservoirs, or waterways, not owned or operated for
profit, used exclusively for supplying and storing water for farming
purposes;

(4)
In the employ of the operator of a farm in handling, planting,
drying, packing, packaging, processing, freezing, grading, storing,
or delivering to storage or to market or to a carrier for
transportation to market, in its unmanufactured state, any
agricultural or horticultural commodity, but only if the operator
produced more than one half of the commodity with respect to which
such service is performed;

(5)
In the employ of a group of operators of farms, or a cooperative
organization of which the operators are members, in the performance
of service described in division (V)(4) of this section, but only if
the operators produced more than one-half of the commodity with
respect to which the service is performed;

(6)
Divisions (V)(4) and (5) of this section shall not be deemed to be
applicable with respect to service performed:

(a)
In connection with commercial canning or commercial freezing or in
connection with any agricultural or horticultural commodity after its
delivery to a terminal market for distribution for consumption; or

(b)
On a farm operated for profit if the service is not in the course of
the employer's trade or business.

As
used in division (V) of this section, "farm" includes
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms,
plantations, ranches, nurseries, ranges, greenhouses, or other
similar structures used primarily for the raising of agricultural or
horticultural commodities and orchards.

(W)
"Hospital" means an institution which has been registered
or licensed by the Ohio department of health as a hospital.

(X)
"Nonprofit organization" means an organization, or group of
organizations, described in section 501(c)(3) of the "Internal
Revenue Code of 1954," and exempt from income tax under section
501(a) of that code.

(Y)
"Institution of higher education" means a public or
nonprofit educational institution, including an educational
institution operated by an Indian tribe, which:

(1)
Admits as regular students only individuals having a certificate of
graduation from a high school, or the recognized equivalent;

(2)
Is legally authorized in this state or by the Indian tribe to provide
a program of education beyond high school; and

(3)
Provides an educational program for which it awards a bachelor's or
higher degree, or provides a program which is acceptable for full
credit toward such a degree, a program of post-graduate or
post-doctoral studies, or a program of training to prepare students
for gainful employment in a recognized occupation.

For
the purposes of this division, all colleges and universities in this
state are institutions of higher education.

(Z)
For the purposes of this chapter, "states" includes the
District of Columbia, the Commonwealth of Puerto Rico, and the Virgin
Islands.

(AA)
"Alien" means, for the purposes of division
(A)(1)(d)
(D)

of
this

section

4141.011
of the Revised Code
,
an individual who is an alien admitted to the United States to
perform service in agricultural labor pursuant to sections 214 (c)
and 101 (a)(15)(H) of the "Immigration and Nationality Act,"
66 Stat. 163, 8 U.S.C.A. 1101.

(BB)(1)
"Crew leader" means an individual who furnishes individuals
to perform agricultural labor for any other employer or farm
operator, and:

(a)
Pays, either on the individual's own behalf or on behalf of the other
employer or farm operator, the individuals so furnished by the
individual for the service in agricultural labor performed by them;

(b)
Has not entered into a written agreement with the other employer or
farm operator under which the agricultural worker is designated as in
the employ of the other employer or farm operator.

(2)
For the purposes of this chapter, any individual who is a member of a
crew furnished by a crew leader to perform service in agricultural
labor for any other employer or farm operator shall be treated as an
employee of the crew leader if:

(a)
The crew leader holds a valid certificate of registration under the
"Farm Labor Contractor Registration Act of 1963," 90 Stat.
2668, 7 U.S.C. 2041; or

(b)
Substantially all the members of the crew operate or maintain
tractors, mechanized harvesting or crop-dusting equipment, or any
other mechanized equipment, which is provided by the crew leader; and

(c)
If the individual is not in the employment of the other employer or
farm operator within the meaning of division (B)(1) of this section.

(3)
For the purposes of this division, any individual who is furnished by
a crew leader to perform service in agricultural labor for any other
employer or farm operator and who is not treated as in the employment
of the crew leader under division (BB)(2) of this section shall be
treated as the employee of the other employer or farm operator and
not of the crew leader. The other employer or farm operator shall be
treated as having paid cash remuneration to the individual in an
amount equal to the amount of cash remuneration paid to the
individual by the crew leader, either on the crew leader's own behalf
or on behalf of the other employer or farm operator, for the service
in agricultural labor performed for the other employer or farm
operator.

(CC)
"Educational institution" means an institution other than
an institution of higher education as defined in division (Y) of this
section, including an educational institution operated by an Indian
tribe, which:

(1)
Offers participants, trainees, or students an organized course of
study or training designed to transfer to them knowledge, skills,
information, doctrines, attitudes, or abilities from, by, or under
the guidance of an instructor or teacher; and

(2)
Is approved, chartered, or issued a permit to operate as a school by
the director of education and workforce, other government agency, or
Indian tribe that is authorized within the state to approve, charter,
or issue a permit for the operation of a school.

For
the purposes of this division, the courses of study or training which
the institution offers may be academic, technical, trade, or
preparation for gainful employment in a recognized occupation.

(DD)
"Cost savings day" means any unpaid day off from work in
which employees continue to accrue employee benefits which have a
determinable value including, but not limited to, vacation, pension
contribution, sick time, and life and health insurance.

(EE)
"Motor carrier" has the same meaning as in section 4923.01
of the Revised Code.

Sec.
4141.011.
(A)(1)
Except as provided in this section, an employer is subject to this
chapter if either of the following apply:

(a)
The employer had at least one individual in employment for some
portion of a day in each of twenty different calendar weeks, in
either the current or the preceding calendar year, whether or not the
same individual was in employment in each such day;

(b)
The employer paid for service in employment wages of fifteen hundred
dollars or more in any calendar quarter in either the current or
preceding calendar year.

(2)
For purposes of division (A)(1)(a) of this section, if any week
includes both the thirty-first day of December and the first day of
January, the days of that week before the first day of January shall
be considered one calendar week and the days to beginning the first
day of January another week.

(B)
If an employer is a nonprofit organization, the employer is subject
to this chapter if the employer had at least four individuals in
employment for some portion of a day in each of twenty different
calendar weeks, in either the current or the preceding calendar year,
whether or not the same individual was in employment in each such
day.

(C)(1)
An employer is subject to this chapter with respect to employment in
domestic service in a local college club, local chapter of a college
fraternity or sorority, or a private home if the employer paid cash
remuneration for such employment of at least one thousand dollars in
any calendar quarter in the current calendar year or the preceding
calendar year.

(2)
Wages paid to, or employment of, an individual performing domestic
service as described in division (C)(1) of this section do not apply
to employment or wages for purposes of divisions (A) and (B) of this
section.

(3)
An employer subject to this chapter under division (C)(1) of this
section is not subject to this chapter with respect to wages paid for
any services other than domestic service unless the employer is also
found to be subject to this chapter under division (A), (B), or (D)
of this section.

(D)
If an employer is a farm operator or a crew leader, the employer is
subject to this chapter if the employer had individuals in employment
in agricultural labor and either of the following apply:

(1)
The employer paid cash remuneration of twenty thousand dollars or
more for the agricultural labor during any calendar quarter in the
current calendar year or the preceding calendar year;

(2)
The employer had at least ten individuals in employment in
agricultural labor, not including agricultural workers who are aliens
admitted to the United States to perform agricultural labor pursuant
to sections 1184(c) and 1101(a)(15)(H) of the "Immigration and
Nationality Act," 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), for
some portion of a day in each of the twenty different calendar weeks,
in either the current or preceding calendar year whether or not the
same individual was in employment in each day.

(E)
An employer who is not subject to this chapter under division (A) of
this section is subject to this chapter if any of the following
apply:

(1)
Service, except for domestic service in a private home not covered
under division (C) of this section, is or was performed within either
the current or preceding calendar year, and with respect to which
such employer is liable for any federal tax against which credit may
be taken for contributions required to be paid into a state
unemployment fund;

(2)
As a condition for approval of this chapter for full tax credit
against the tax imposed by the "Federal Unemployment Tax Act,"
26 U.S.C. 3301 to 3311, is required, pursuant to such act to be an
employer subject to this chapter;

(3)
The employer became subject to this chapter by election under
division (H) or (I) of this section and for the duration of such
election.

(F)
If an employer is any state, its instrumentalities, its political
subdivisions, their instrumentalities, or an Indian tribe, the
employer is subject to this chapter if the employer had at least one
individual in employment, as defined in divisions (B)(2)(a) and
(B)(2)(l) of section 4141.01 of the Revised Code.

(G)
An employer subject to this chapter within any calendar year is
subject to this chapter during the whole of such year and during the
next succeeding calendar year.

(H)
An employer not otherwise subject to this chapter who files with the
director of job and family services a written election to become an
employer subject to this chapter for not less than two calendar years
shall, with the written approval of such election by the director,
become an employer subject to this chapter to the same extent as all
other employers as of the date stated in such approval, and shall
cease to be subject to this chapter as of the first day of January of
any calendar year subsequent to such two calendar years only if at
least thirty days prior to such first day of January the employer has
filed with the director a written notice to that effect.

(I)
Any employer for whom services that do not constitute employment are
performed may file with the director a written election that all such
services performed by individuals in the employer's employ in one or
more distinct establishments or places of business shall be deemed to
constitute employment for all the purposes of this chapter, for not
less than two calendar years. Upon written approval of the election
by the director, such services shall be deemed to constitute
employment subject to this chapter from and after the date stated in
such approval. Such services shall cease to be employment subject to
this chapter as of the first day of January of any calendar year
subsequent to such two calendar years only if at least thirty days
prior to such first day of January such employer has filed with the
director a written notice to that effect.

(J)
An employer who is a franchisor is not subject to this chapter with
respect to the franchisor's relationship with a franchisee or an
employee of a franchisee, unless the franchisor agrees to assume that
role in writing or a court of competent jurisdiction determines that
the franchisor exercises a type or degree of control over the
franchisee or the franchisee's employees that is not customarily
exercised by a franchisor for the purpose of protecting the
franchisor's trademark, brand, or both. For purposes of this
division, "franchisor" and "franchisee" have the
same meanings as in 16 C.F.R. 436.1.

Sec.
4141.02.
A
nonprofit organization
that
does not meet the definition of employer for purposes of
that
is not subject to
this
chapter pursuant to division
(A)(1)(a)
(B)

of section
4141.01

4141.011

of
the Revised Code, and that does not elect to become an employer
subject to this chapter pursuant to division
(A)(4)
(H)

of section
4141.01

4141.011

of
the Revised Code, shall notify the organization's employees upon
hiring that the organization, and the employee's employment with the
organization, are exempt from this chapter.

Sec.
4141.08.
(A)
The unemployment compensation integrity board is created. The board
may advise and consult the director of job and family services in the
administration and enforcement of this chapter and rules adopted
under it, including making recommendations to the director regarding
proposed rules or public private partnerships. The board consists of
the following members:

(1)
The director of job and family services, or the director's authorized
representative;

(2)
One member of the house of representative appointed by the speaker of
the house of representatives;

(3)
One member of the senate appointed by the president of the senate;

(4)
The following members to be appointed by the director:

(a)
A representative from the Ohio chamber of commerce or its successor
organization;

(b)
A representative from the national federation of independent business
or its successor organization;

(c)
A third-party administrator that is a third-party commercial consumer
reporting agency, in accordance with the "Fair Credit Reporting
Act," 15 U.S.C. 1681 et seq.;

(d)
A representative from the Ohio federation of labor or its successor
organization;

(e)
A representative from the affiliated construction trades of Ohio or
its successor organization;

(f)
A representative from the Ohio conference of teamsters or its
successor organization.

(B)
The director of job and family services, or the director's authorized
representative, shall serve as chairperson of the board.

(C)
The board shall meet at least two times each calendar year.

(D)
Each member appointed by the director shall serve three year terms
that expire on the thirty-first day of December.

(E)
Each member appointed by the director shall hold office from the date
of appointment until the end of the term for which the member was
appointed. A member appointed by the director to fill a vacancy
occurring before the expiration of the term for which the member's
predecessor was appointed shall hold office for the remainder of the
term. A member appointed by the director shall continue in office
subsequent to the expiration date of the member's term until the
member's successor takes office or a period of sixty days has
elapsed, whichever occurs first. A member appointed by the director
shall continue in office for the entirety of the member's term unless
removed for misfeasance, malfeasance, or nonfeasance.

(F)
The members of the board who are appointed from the membership of the
senate and the house of representatives shall serve during their
terms as members of the general assembly and until their successors
are appointed and qualified, notwithstanding the adjournment of the
general assembly of which they are members or the expiration of their
terms as members of such general assembly.

(G)
All meetings of the unemployment compensation integrity board shall
comply with section 121.22 of the Revised Code.

(H)
All members of the unemployment compensation integrity board shall
comply with Chapter 102. of the Revised Code, as applicable.

Sec.
4141.162.
(A)
The director of job and family services shall establish an income and
eligibility verification system that complies with section 1137 of
the "Social Security Act." The programs included in the
system are all of the following:

(1)
Unemployment compensation pursuant to section 3304 of the "Internal
Revenue Code of 1954";

(2)
The state programs funded in part under part A of Title IV of the
"Social Security Act" and administered under Chapters 5107.
and 5108. of the Revised Code;

(3)
The medicaid program;

(4)
The supplemental nutrition assistance program pursuant to the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.
)
;

(5)
Any Ohio program under a plan approved under Title I, X, XIV, or XVI
of the "Social Security Act."

(B)

Wage
information provided by employers to the director shall be furnished
to the income and eligibility verification system. Such information
shall be used by the director to determine eligibility of individuals
for unemployment compensation benefits and the amount of those
benefits and used by the agencies that administer the programs
identified in divisions (A)(2) to (5) of this section to determine or
verify eligibility for or the amount of benefits under those
programs
.

(C)
The director shall, on request, disclose wage and claim information
to any state or local agency administering a program identified in
division (A) of this section that has entered into a written data
sharing agreement with the director that meets the standards
specified in federal law, including the requirements in 20 C.F.R.
603.10
.

The
director shall fully implement the use of wage information to
determine eligibility for and the amount of unemployment compensation
benefits by September 30, 1988.

(D)

Information
furnished under the system shall also be made available to the
appropriate state or local child support enforcement agency for the
purposes of an approved plan under Title IV-D of the "Social
Security Act" and to the appropriate federal agency for the
purposes of Titles II and XVI of the "Social Security Act."

(B)
The director shall adopt rules as necessary under which the
department of job and family services and other state agencies that
the director determines must participate in order to ensure
compliance with section 1137 of the "Social Security Act"
exchange information with each other or authorized federal agencies
about individuals who are applicants for or recipients of benefits
under any of the programs enumerated in division (A) of this section.
The rules shall extend to all of the following:

(1)
A requirement for standardized formats and procedures for a
participating agency to request and receive information about an
individual, which information shall include the individual's social
security number;

(2)
A requirement that all applicants for and recipients of benefits
under any program enumerated in division (A) of this section be
notified at the time of application, and periodically thereafter,
that information available through the system may be shared with
agencies that administer other benefit programs and utilized in
establishing or verifying eligibility or benefit amounts under the
other programs enumerated in division (A) of this section;

(3)
A requirement that information is made available only to the extent
necessary to assist in the valid administrative needs of the program
receiving the information and is targeted for use in ways which are
most likely to be productive in identifying and preventing
ineligibility and incorrect payments;

(4)
A requirement that information is adequately protected against
unauthorized disclosures for purposes other than to establish or
verify eligibility or benefit amounts under the programs enumerated
in division (A) of this section;

(5)
A requirement that a program providing information is reimbursed by
the program using the information for the actual costs of furnishing
the information and that the director be reimbursed by the
participating programs for any actual costs incurred in operating the
system;

(6)
Requirements for any other matters necessary to ensure the effective,
efficient, and timely exchange of necessary information or that the
director determines must be addressed in order to ensure compliance
with the requirements of section 1137 of the "Social Security
Act."

(C)
Each participating agency shall furnish to the income and eligibility
verification system established in division (A) of this section that
information, which the director, by rule, determines is necessary in
order to comply with section 1137 of the "Social Security Act."

(D)
Notwithstanding the information disclosure requirements of this
section and section 4141.21 and division (A) of section 4141.284 of
the Revised Code, the director shall administer those provisions of
law so as to comply with section 1137 of the "Social Security
Act."

(E)
Requirements in section 4141.21 of the Revised Code with respect to
confidentiality of information obtained in the administration of
Chapter 4141. of the Revised Code and any sanctions imposed for
improper disclosure of such information shall apply to the
redisclosure of information disclosed under this section.

(F)
The director of job and family services shall consult with the
medicaid director and the director of administrative services
regarding the implementation of this section.

Sec.
4141.23.
(A)
Contributions shall accrue and become payable by each employer for
each calendar year or other period as prescribed by this chapter.
Such contributions become due and shall be paid by each employer to
the director of job and family services for the unemployment
compensation fund in accordance with such regulations as the director
prescribes, and shall not be deducted, in whole or in part, from the
remuneration of individuals in the employer's employ.

In
the payment of any contributions, a fractional part of a dollar may
be disregarded unless it amounts to fifty cents or more, in which
case it may be increased to the next higher dollar.

(B)(1)

Any
contribution or payment in lieu of contribution, due from an employer
on or before December 31, 1992, shall, if not paid when due, bear
interest at the rate of ten per cent per annum. In such computation
any fraction of a month shall be considered as a full month.

(2)

Any contribution, payment in lieu of contribution, interest,
forfeiture, or fine due from an employer on or
after
January 1, 1993
before
December 31, 2025
,
shall, if not paid when due, bear interest at the annual rate of
fourteen per cent compounded monthly on the aggregate receivable
balance due. In such computation any fraction of a month shall be
considered as a full month.

(2)
Any contribution, payment in lieu of contribution, interest,
forfeiture, or fine due from an employer on or after January 1, 2026,
shall, if not paid when due, bear interest at the interest rate
established by the state tax commissioner pursuant to section 5703.47
of the Revised Code, not exceeding fifteen per cent. In such
computation any fraction of a month shall be considered as a full
month.

(C)
The director may waive the interest assessed under division
(B)(2)
(B)

of this section if the employer meets all of the following conditions
within thirty days after the date the director mails or delivers the
notice of assessment of interest:

(1)
Provides to the director a written request for a waiver of interest
clearly demonstrating that the employer's failure to timely pay
contributions, payments in lieu of contributions, interest,
forfeiture, and fines was a result of circumstances beyond the
control of the employer or the employer's agent, except that
negligence on the part of the employer or the employer's agent shall
not be considered beyond the control of the employer or the
employer's agent;

(2)
Furnishes to the director all quarterly reports required under
section 4141.20 of the Revised Code;

(3)
Pays in full all contributions, payments in lieu of contributions,
interest, forfeiture, and fines for each quarter for which such
payments are due.

The
director shall deny an employer's request for a waiver of interest
after finding that the employer's failure to timely furnish reports
or make payments as required under this chapter was due to an attempt
to evade payment.

(D)
Any contribution, interest, forfeiture, or fine required to be paid
under this chapter by any employer shall, if not paid when due,
become a lien upon the real and personal property of such employer.
Upon failure of such employer to pay the contributions, interest,
forfeiture, or fine required to be paid under this chapter, the
director shall file notice of such lien, for which there shall be no
charge, in the office of the county recorder of the county in which
it is ascertained that such employer owns real estate or personal
property. The director shall notify the employer by mail of the lien.
The absence of proof that the notice was sent does not affect the
validity of the lien. Such lien shall not be valid as against the
claim of any mortgagee, pledgee, purchaser, judgment creditor, or
other lienholder of record at the time such notice is filed.

If
the employer acquires real or personal property after notice of lien
is filed, such lien shall not be valid as against the claim of any
mortgagee, pledgee, subsequent bona fide purchaser for value,
judgment creditor, or other lienholder of record to such
after-acquired property, unless the notice of lien is refiled after
such property was acquired by the employer and before the competing
lien attached to such after-acquired property or before the
conveyance to such subsequent bona fide purchaser for value.

Such
a notice shall be recorded in the county recorder's official records
and indexed in the direct and reverse indexes under the name of the
employer. When such unpaid contributions, interest, forfeiture, or
fines have been paid, the employer may record with the county
recorder of the county in which such notice of lien has been filed
and recorded, notice of such payment, and the notice of payment shall
be recorded in the county recorder's official records and indexed in
the direct and reverse indexes. For recording the notice of payment,
the county recorder shall charge and receive from the employer a base
fee of two dollars for services and a housing trust fund fee of two
dollars pursuant to section 317.36 of the Revised Code.

(E)
Notwithstanding other provisions in this section, the director may
reduce, in whole or in part, the amount of interest, forfeiture, or
fines required to be paid under this chapter if the director
determines that the reduction is in the best interest of the
unemployment compensation fund.

(F)
Assessment of contributions shall not be made after four years from
the date on which such contributions became payable, and no action in
court for the collection of contributions without assessment of such
contributions shall be begun after the expiration of five years from
the date such contributions became payable. In case of a false or
fraudulent report or of a willful attempt in any manner to evade
contributions, such contributions may be assessed or a proceeding in
court for the collection of such contributions may be begun without
assessment at any time. When the assessment of contributions has been
made within such four-year period provided, action in court to
collect such contributions may be begun within, but not later than,
six years after such assessment.

(G)
In the event of a distribution of an employer's assets, pursuant to
an order of any court under the law of this state, including any
receivership, assignment for benefit of creditors, adjudicated
insolvency, or similar proceedings, contributions, interest,
forfeiture, or fine then or thereafter due have the same priority as
provided by law for the payment of taxes due the state and shall be
paid out of the trust fund in the same manner as provided for other
claims for unpaid taxes due the state.

(H)
If the attorney general finds after investigation that any claim for
delinquent contributions, interest, forfeitures, or fines owing to
the director is uncollectible, in whole or in part, the attorney
general shall recommend to the director the cancellation of such
claim or any part thereof. The director may thereupon effect such
cancellation.

Sec.
4141.281.
APPEALS

(A)
APPEAL FILED

Any
party notified of a determination of benefit rights or a claim for
benefits determination may appeal within twenty-one calendar days
after the written determination was sent to the party or within an
extended period as provided under division (D)(9) of this section.

(B)
REDETERMINATION

Within
twenty-one days after receipt of the appeal, the director of job and
family services shall issue a redetermination or transfer the appeal
to the unemployment compensation review commission. A redetermination
under this section is appealable in the same manner as an initial
determination by the director.

(C)
REVIEW COMMISSION

(1)
JURISDICTION

The
commission shall provide an opportunity for a fair hearing to the
interested parties of appeals over which the commission has
jurisdiction. The commission has jurisdiction over an appeal on
transfer or on direct appeal to the commission. If the commission
concludes that a pending appeal does not warrant a hearing, the
commission may remand the appeal to the director for redetermination.
The commission retains jurisdiction until the appeal is remanded to
the director or a final decision is issued and appealed to court, or
the time to request a review or to appeal a decision of a hearing
officer or the commission is expired.

(2)
CONDUCT OF HEARINGS

Hearings
before the commission are held at the hearing officer level and the
review level. Unless otherwise provided in this chapter, initial
hearings involving claims for compensation and other unemployment
compensation issues are conducted at the hearing officer level by
hearing officers appointed by the commission. Hearings at the review
level are conducted by hearing officers appointed by the commission,
by members of the commission acting either individually or
collectively, and by members of the commission and hearing officers
acting jointly. In all hearings conducted at the review level, the
commission shall designate the hearing officer or officers who are to
conduct the hearing. When the term "hearing officer" is
used in reference to hearings conducted at the review level, the term
includes members of the commission. All decisions issued at the
review level are issued by the commission.

Provisions
contained in the remainder of this paragraph apply to hearings at
both the hearing officer level and the review level. The principles
of due process in administrative hearings shall be applied to all
hearings conducted under the authority of the commission. In
conducting hearings, all hearing officers shall control the conduct
of the hearing, exclude irrelevant or cumulative evidence, and give
weight to the kind of evidence on which reasonably prudent persons
are accustomed to rely in the conduct of serious affairs. Hearing
officers have an affirmative duty to question parties and witnesses
in order to ascertain the relevant facts and to fully and fairly
develop the record. Hearing officers are not bound by common law or
statutory rules of evidence or by technical or formal rules of
procedure. No person shall impose upon the claimant or the employer
any burden of proof as is required in a court of law. The proceedings
at hearings shall be recorded by mechanical means or otherwise as may
be prescribed by the commission. In the absence of further
proceedings, the record need not be transcribed. After considering
all of the evidence, a hearing officer shall issue a written decision
that sets forth the facts as the hearing officer finds them to be,
cites the applicable law, and gives the reasoning for the decision.

(3)
HEARING OFFICER LEVEL

When
an appeal is transferred to the commission by the director, the
commission shall notify all interested parties of the time and place
of the hearing and assign the appeal for a hearing by a hearing
officer. The hearings shall be de novo, except that the director's
file pertaining to a case shall be included in the record to be
considered.

Following
a hearing, the hearing officer shall affirm, modify, or reverse the
determination of the director in the manner that appears just and
proper. The hearing officer's written decision shall be sent to all
interested parties. The decision shall state the right of an
interested party to request a review by the commission.

A
request for review shall be filed within twenty-one days after the
decision was sent to the party, or within an extended period as
provided under division (D)(9) of this section. The hearing officer's
decision shall become final unless a request for review is filed and
allowed or the commission removes the appeal to itself within
twenty-one days after the hearing officer's decision is sent.

(4)
REVIEW LEVEL

At
the review level, the commission may affirm, modify, or reverse
previous determinations by the director or at the hearing officer
level. At the review level, the commission may affirm, modify, or
reverse a hearing officer's decision or remand the decision to the
hearing officer level for further hearing. The commission shall
consider an appeal at the review level under the following
circumstances: when an appeal is required to be heard initially at
the review level under this chapter; when the commission on its own
motion removes an appeal to itself within twenty-one days after the
hearing officer's decision is sent; when the assigned hearing officer
refers an appeal to the commission before the hearing officer's
decision is sent; or when an interested party files a request for
review with the commission within twenty-one days after the hearing
officer's decision is sent.

(5)
COMMISSION EXAMINATION

The
commission shall consider a request for review by an interested
party, including the reasons for the request. The commission may
adopt rules prescribing the methods for requesting a review. The
commission may allow or disallow the request for review. The
disallowance of a request for review constitutes a final decision by
the commission.

(6)
REVIEW PROCEDURE

If
the commission allows a request for review, the commission shall
notify all interested parties of that fact and provide a reasonable
period of time, as the commission defines by rule, in which
interested parties may file a response. After that period of time,
the commission, based on the record before it, may do one of the
following: affirm the decision of the hearing officer; provide for
the appeal to be heard or reheard at the hearing officer or review
level; provide for the appeal to be heard at the review level as a
potential precedential decision; or provide for the decision to be
rewritten without further hearing at the review level. When a further
hearing is provided or the decision is rewritten, the commission may
affirm, modify, or reverse the previous decision.

If
a member of the commission is unable or unavailable to consider an
appeal allowed by the commission, the other members of the commission
may appoint a hearing officer as a temporary commissioner to fulfill
the unable or unavailable commissioner's duties with respect to the
appeal. The members of the commission may not appoint the hearing
officer who decided the appeal at the hearing officer level.

(7)
NOTICES

The
commission shall send written notice to all interested parties when
it orders an appeal to be heard or reheard. The notice shall include
the reasons for the hearing or rehearing.

(8)
PRECEDENTIAL

An
appeal the commission identifies as potentially precedential shall be
heard at the review level. In the notice for that type of hearing,
the commission shall notify the director, all interested parties, and
any other parties, as the commission determines appropriate, that the
appeal is designated as potentially precedential. After the hearing,
parties shall be given the opportunity to submit briefs on the issue
or issues involved. The commission may designate a decision as
precedential after issuing the decision or at any point in the appeal
process, even if the commission does not initially identify the
appeal as potentially precedential.

(9)
MASS APPEALS

When
the commission determines that it has five appeals pending that have
common facts or common issues, the commission may transfer the
appeals to the review level on its own motion to be heard as a mass
appeal, including appeals from claimants separated due to a labor
dispute, on the condition that there are fewer than twenty-five
claimants involved.

To
facilitate a mass hearing, the commission may allow an authorized
agent to accept notice of hearing on behalf of claimants. An
authorized agent may waive this notice of hearing and also the
sending of decisions to individual claimants represented by the
agent.

(D)
SPECIAL PROVISIONS

(1)
TIMELINESS OF APPEALS

The
date of the mailing provided by the director or the commission is
sufficient evidence upon which to conclude that a determination,
redetermination, or decision was sent to the party on that date.
Appeals may be filed with the director, commission, with an employee
of another state or federal agency charged with the duty of accepting
claims, or with the unemployment insurance commission of Canada. Any
timely written notice by an interested party indicating a desire to
appeal shall be accepted.

The
director, commission, or authorized agent must receive the appeal
within the specified appeal period in order for the appeal to be
deemed timely filed, except that: if the United States postal service
is used as the means of delivery, the enclosing envelope must have a
postmark date or postal meter postmark that is on or before the last
day of the specified appeal period; and where the postmark is
illegible or missing, the appeal is timely filed if received not
later than the end of the fifth calendar day following the last day
of the specified appeal period.

The
director and the commission may adopt rules pertaining to alternate
methods of filing appeals under this section.

(2)
WAIVER

Interested
parties may waive, in writing, a hearing at either the hearing
officer or review level. If the parties waive a hearing, the hearing
officer shall issue a decision based on the evidence of record.

(3)
TELEPHONE HEARINGS

Hearing
officers may conduct hearings at either the hearing officer or review
level in person or by telephone

or
interactive video conference
.
The commission shall adopt rules that designate the circumstances
under which hearing officers may conduct a hearing by telephone
or
interactive video conference
or
grant a party to the hearing the opportunity to object to a hearing
by telephone

or
interactive video conference
.
An interested party whose hearing would be by telephone
or
interactive video conference
may
elect to have an in-person hearing, provided that the party agrees to
have the hearing at the time and place the commission determines
pursuant to rule.

(4)
EVENING HEARINGS

Unless
the commission grants a request for an evening telephone
or
interactive video conference
hearing,
hearing officers shall conduct hearings at the hearing officer and
review level during normal business hours. An interested party who is
regularly employed throughout those hours may request to have a
hearing by telephone
or
interactive video conference
during
the evening. The commission shall grant or deny a request for an
evening telephone
or
interactive video conference
hearing.
If a conflict concerning a request for an evening hearing and an
in-person hearing arises, the commission shall schedule the hearing
by telephone
or
interactive video conference
during
evening hours.

(5)
NO APPEARANCE -- APPELLANT

For
hearings at either the hearing officer or review level, if the
appealing party fails to appear at the hearing, the hearing officer
shall dismiss the appeal. The commission shall vacate the dismissal
upon a showing that written notice of the hearing was not sent to
that party's last known address, or good cause for the appellant's
failure to appear is shown to the commission within fourteen days
after the hearing date.

If
the commission finds that the appealing party's reason for failing to
appear does not constitute good cause for failing to appear, the
commission shall send written notice of that finding, and the
appealing party may request a hearing to present testimony on the
issue of good cause for failing to appear. The appealing party shall
file a request for a hearing on the issue of good cause for failing
to appear within ten days after the commission sends written notice
indicating a finding of no good cause for failing to appear.

(6)
NO APPEARANCE -- APPELLEE

For
hearings at either the hearing officer or review level, if the
appellee fails to appear at the hearing, the hearing officer shall
proceed with the hearing and shall issue a decision based on the
evidence of record. The commission shall vacate the decision upon a
showing that written notice of the hearing was not sent to the
appellee's last known address, or good cause for the appellee's
failure to appear is shown to the commission within fourteen days
after the hearing date.

(7)
AGENT

Any
appeal or request for review may be executed on behalf of any party
or any group of claimants by an agent.

(8)
COLLATERAL ESTOPPEL

No
finding of fact or law, decision, or order of the director, hearing
officer, the commission, or a reviewing court under this section or
section 4141.28 of the Revised Code shall be given collateral
estoppel or res judicata effect in any separate or subsequent
judicial, administrative, or arbitration proceeding, other than a
proceeding arising under this chapter.

(9)
EXTENSION OF APPEAL PERIODS

The
time for filing an appeal or a request for review under this section
or a court appeal under section 4141.282 of the Revised Code shall be
extended in the manner described in the following four sentences.
When the last day of an appeal period is a Saturday, Sunday, or legal
holiday, the appeal period is extended to the next work day after the
Saturday, Sunday, or legal holiday. When an interested party provides
certified medical evidence stating that the interested party's
physical condition or mental capacity prevented the interested party
from filing an appeal or request for review under this section within
the appropriate twenty-one-day period, the appeal period is extended
to twenty-one days after the end of the physical or mental condition,
and the appeal or request for review is considered timely filed if
filed within that extended period. When an interested party provides
evidence, which evidence may consist of testimony from the interested
party, that is sufficient to establish that the party did not
actually receive the determination or decision within the applicable
appeal period under this section, and the director or the commission
finds that the interested party did not actually receive the
determination or decision within the applicable appeal period, then
the appeal period is extended to twenty-one days after the interested
party actually receives the determination or decision. When an
interested party provides evidence, which evidence may consist of
testimony from the interested party, that is sufficient to establish
that the party did not actually receive a decision within the
thirty-day appeal period provided in section 4141.282 of the Revised
Code, and a court of common pleas finds that the interested party did
not actually receive the decision within that thirty-day appeal
period, then the appeal period is extended to thirty days after the
interested party actually receives the decision.

Sec.
4141.29.
Each
eligible individual shall receive benefits as compensation for loss
of remuneration due to involuntary total or partial unemployment in
the amounts and subject to the conditions stipulated in this chapter.

(A)
No individual is entitled to a waiting period or benefits for any
week unless the individual:

(1)
Has filed a valid application for determination of benefit rights in
accordance with section 4141.28 of the Revised Code;

(2)
Has made a claim for benefits in accordance with section 4141.28 of
the Revised Code;

(3)(a)
Has registered for work and thereafter continues to report to an
employment office or other registration place maintained or
designated by the director of job and family services. Registration
shall be made in accordance with the time limits, frequency, and
manner prescribed by the director.

(b)
For purposes of division (A)(3) of this section, an individual has
"registered" upon doing any of the following:

(i)
Filing an application for benefit rights;

(ii)
Making a weekly claim for benefits;

(iii)
Reopening an existing claim following a period of employment or
nonreporting.

(c)
After an applicant is registered, that registration continues for a
period of three calendar weeks, including the week during which the
applicant registered. However, an individual is not registered for
purposes of division (A)(3) of this section during any period in
which the individual fails to report, as instructed by the director,
or fails to reopen an existing claim following a period of
employment.

(d)
The director may, for good cause, extend the period of registration.

(e)
For purposes of this section, "report" means contact by
phone, access electronically, or be present for an in-person
appointment, as designated by the director.

(4)(a)(i)
Is able to work and available for suitable work and, except as
provided in division (A)(4)(a)(ii) or (iii) of this section, is
actively seeking suitable work either in a locality in which the
individual has earned wages subject to this chapter during the
individual's base period, or if the individual leaves that locality,
then in a locality where suitable work normally is performed.

(ii)
The director may waive the requirement that a claimant be actively
seeking work when the director finds that the individual has been
laid off and the employer who laid the individual off has notified
the director within ten days after the layoff, that work is expected
to be available for the individual within a specified number of days
not to exceed forty-five calendar days following the last day the
individual worked. In the event the individual is not recalled within
the specified period, this waiver shall cease to be operative with
respect to that layoff.

(iii)
The director may waive the requirement that a claimant be actively
seeking work if the director determines that the individual has been
laid off and the employer who laid the individual off has notified
the director in accordance with division (C) of section 4141.28 of
the Revised Code that the employer has closed the employer's entire
plant or part of the employer's plant for a purpose other than
inventory or vacation that will cause unemployment for a definite
period not exceeding twenty-six weeks beginning on the date the
employer notifies the director, for the period of the specific
shutdown, if all of the following apply:

(I)
The employer and the individuals affected by the layoff who are
claiming benefits under this chapter jointly request the exemption.

(II)
The employer provides that the affected individuals shall return to
work for the employer within twenty-six weeks after the date the
employer notifies the director.

(III)
The director determines that the waiver of the active search for work
requirement will promote productivity and economic stability within
the state.

(iv)
Division (A)(4)(a)(iii) of this section does not exempt an individual
from meeting the other requirements specified in division
(A)(4)(a)(i) of this section to be able to work and otherwise fully
be available for work. An exemption granted under division
(A)(4)(a)(iii) of this section may be granted only with respect to a
specific plant closing.

(b)(i)
The individual shall be instructed as to the efforts that the
individual must make in the search for suitable work, including that,
within six months after October 11, 2013, the individual shall
register with the OhioMeansJobs web site, except in any of the
following circumstances:

(I)
The individual is an individual described in division (A)(4)(b)(iii)
of this section;

(II)
Where the active search for work requirement has been waived under
division (A)(4)(a) of this section;

(III)
Where the active search for work requirement is considered to be met
under division (A)(4)(c), (d), or (e) of this section.

(ii)
An individual who is registered with the OhioMeansJobs web site shall
receive a weekly listing of available jobs based on information
provided by the individual at the time of registration. For each week
that the individual claims benefits, the individual shall keep a
record of the individual's work search efforts and shall produce that
record in the manner and means prescribed by the director.

(iii)
No individual shall be required to register with the OhioMeansJobs
web site if the individual is legally prohibited from using a
computer, has a physical or visual impairment that makes the
individual unable to use a computer, or has a limited ability to
read, write, speak, or understand a language in which the
OhioMeansJobs web site is available.

(iv)
As used in division (A)(4)(b) of this section:

(I)
"OhioMeansJobs web site" has the same meaning as in section
6301.01 of the Revised Code.

(II)
"Registration" includes the creation, electronic posting,
and maintenance of an active, searchable resume.

(c)
An individual who is attending a training course approved by the
director meets the requirement of this division, if attendance was
recommended by the director and the individual is regularly attending
the course and is making satisfactory progress. An individual also
meets the requirements of this division if the individual is
participating and advancing in a training program, as defined in
division (P) of section 5709.61 of the Revised Code, and if an
enterprise, defined in division (B) of section 5709.61 of the Revised
Code, is paying all or part of the cost of the individual's
participation in the training program with the intention of hiring
the individual for employment as a new employee, as defined in
division (L) of section 5709.61 of the Revised Code, for at least
ninety days after the individual's completion of the training
program.

(d)
An individual who becomes unemployed while attending a regularly
established school and whose base period qualifying weeks were earned
in whole or in part while attending that school, meets the
availability and active search for work requirements of division
(A)(4)(a) of this section if the individual regularly attends the
school during weeks with respect to which the individual claims
unemployment benefits and makes self available on any shift of hours
for suitable employment with the individual's most recent employer or
any other employer in the individual's base period, or for any other
suitable employment to which the individual is directed, under this
chapter.

(e)
An individual who is a member in good standing with a labor
organization that refers individuals to jobs meets the active search
for work requirement specified in division (A)(4)(a) of this section
if the individual provides documentation that the individual is
eligible for a referral or placement upon request and in a manner
prescribed by the director.

(f)
Notwithstanding any other provisions of this section, no otherwise
eligible individual shall be denied benefits for any week because the
individual is in training approved under section 236(a)(1) of the
"Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2296, nor
shall that individual be denied benefits by reason of leaving work to
enter such training, provided the work left is not suitable
employment, or because of the application to any week in training of
provisions in this chapter, or any applicable federal unemployment
compensation law, relating to availability for work, active search
for work, or refusal to accept work.

For
the purposes of division (A)(4)(f) of this section, "suitable
employment" means with respect to an individual, work of a
substantially equal or higher skill level than the individual's past
adversely affected employment, as defined for the purposes of the
"Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and
wages for such work at not less than eighty per cent of the
individual's average weekly wage as determined for the purposes of
that federal act.

(5)
Is unable to obtain suitable work.
An
individual who is provided temporary work assignments by the
individual's employer under agreed terms and conditions of
employment, and who is required pursuant to those terms and
conditions to inquire with the individual's employer for available
work assignments upon the conclusion of each work assignment, is not
considered unable to obtain suitable employment if suitable work
assignments are available with the employer but the individual fails
to contact the employer to inquire about work assignments.

(6)
Participates in reemployment services, such as job search assistance
services, if the individual has been determined to be likely to
exhaust benefits under this chapter, including compensation payable
pursuant to 5 U.S.C.A. Chapter 85, other than extended compensation,
and needs reemployment services pursuant to the profiling system
established by the director under division (K) of this section,
unless the director determines that:

(a)
The individual has completed such services; or

(b)
There is justifiable cause for the claimant's failure to participate
in such services.

Ineligibility
for failure to participate in reemployment services as described in
division (A)(6) of this section shall be for the week or weeks in
which the claimant was scheduled and failed to participate without
justifiable cause.

(7)
Participates in the reemployment and eligibility assessment program,
or other reemployment services, as required by the director. As used
in division (A)(7) of this section, "reemployment services"
includes job search assistance activities, skills assessments, and
the provision of labor market statistics or analysis.

(a)
For purposes of division (A)(7) of this section, participation is
required unless the director determines that either of the following
circumstances applies to the individual:

(i)
The individual has completed similar services.

(ii)
Justifiable cause exists for the failure of the individual to
participate in those services.

(b)
Within six months after October 11, 2013, notwithstanding any earlier
contact an individual may have had with a local OhioMeansJobs center,
as defined in section 6301.01 of the Revised Code, beginning with the
eighth week after the week during which an individual first files a
valid application for determination of benefit rights in the
individual's benefit year, the individual shall report to a local
OhioMeansJobs center for reemployment services in the manner
prescribed by the director.

(c)
An individual whose active search for work requirement has been
waived under division (A)(4)(a) of this section or is considered to
be satisfied under division (A)(4)(c), (d), or (e) of this section is
exempt from the requirements of division (A)(7) of this section.

(B)
An individual suffering total or partial unemployment is eligible for
benefits for unemployment occurring subsequent to a waiting period of
one week and no benefits shall be payable during this required
waiting period. Not more than one week of waiting period shall be
required of any individual in any benefit year in order to establish
the individual's eligibility for total or partial unemployment
benefits.

(C)
The waiting period for total or partial unemployment shall commence
on the first day of the first week with respect to which the
individual first files a claim for benefits at an employment office
or other place of registration maintained or designated by the
director or on the first day of the first week with respect to which
the individual has otherwise filed a claim for benefits in accordance
with the rules of the department of job and family services, provided
such claim is allowed by the director.

(D)
Notwithstanding division (A) of this section, no individual may serve
a waiting period or be paid benefits under the following conditions:

(1)
For any week with respect to which the director finds that:

(a)
The individual's unemployment was due to a labor dispute other than a
lockout at any factory, establishment, or other premises located in
this or any other state and owned or operated by the employer by
which the individual is or was last employed; and for so long as the
individual's unemployment is due to such labor dispute. No individual
shall be disqualified under this provision if either of the following
applies:

(i)
The individual's employment was with such employer at any factory,
establishment, or premises located in this state, owned or operated
by such employer, other than the factory, establishment, or premises
at which the labor dispute exists, if it is shown that the individual
is not financing, participating in, or directly interested in such
labor dispute;

(ii)
The individual's employment was with an employer not involved in the
labor dispute but whose place of business was located within the same
premises as the employer engaged in the dispute, unless the
individual's employer is a wholly owned subsidiary of the employer
engaged in the dispute, or unless the individual actively
participates in or voluntarily stops work because of such dispute. If
it is established that the claimant was laid off for an indefinite
period and not recalled to work prior to the dispute, or was
separated by the employer prior to the dispute for reasons other than
the labor dispute, or that the individual obtained a bona fide job
with another employer while the dispute was still in progress, such
labor dispute shall not render the employee ineligible for benefits.

(b)
The individual has been given a disciplinary layoff for misconduct in
connection with the individual's work.

(2)
For the duration of the individual's unemployment if the director
finds that:

(a)
The individual quit work without just cause or has been discharged
for just cause in connection with the individual's work, provided
division (D)(2) of this section does not apply to the separation of a
person under any of the following circumstances:

(i)
Separation from employment for the purpose of entering the armed
forces of the United States if the individual is inducted into the
armed forces within one of the following periods:

(I)
Thirty days after separation;

(II)
One hundred eighty days after separation if the individual's date of
induction is delayed solely at the discretion of the armed forces.

(ii)
Separation from employment pursuant to a labor-management contract or
agreement, or pursuant to an established employer plan, program, or
policy, which permits the employee, because of lack of work, to
accept a separation from employment;

(iii)
The individual has left employment to accept a recall from a prior
employer or, except as provided in division (D)(2)(a)(iv) of this
section, to accept other employment as provided under section
4141.291 of the Revised Code, or left or was separated from
employment that was concurrent employment at the time of the most
recent separation or within six weeks prior to the most recent
separation where the remuneration, hours, or other conditions of such
concurrent employment were substantially less favorable than the
individual's most recent employment and where such employment, if
offered as new work, would be considered not suitable under the
provisions of divisions (E) and (F) of this section. Any benefits
that would otherwise be chargeable to the account of the employer
from whom an individual has left employment or was separated from
employment that was concurrent employment under conditions described
in division (D)(2)(a)(iii) of this section, shall instead be charged
to the mutualized account created by division (B) of section 4141.25
of the Revised Code, except that any benefits chargeable to the
account of a reimbursing employer under division (D)(2)(a)(iii) of
this section shall be charged to the account of the reimbursing
employer and not to the mutualized account, except as provided in
division (D)(2) of section 4141.24 of the Revised Code.

(iv)
When an individual has been issued a definite layoff date by the
individual's employer and before the layoff date, the individual
quits to accept other employment, the provisions of division
(D)(2)(a)(iii) of this section apply and no disqualification shall be
imposed under division (D) of this section. However, if the
individual fails to meet the employment and earnings requirements of
division (A)(2) of section 4141.291 of the Revised Code, then the
individual, pursuant to division (A)(5) of this section, shall be
ineligible for benefits for any week of unemployment that occurs
prior to the layoff date.

(v)
The individual's spouse is a member of the armed forces of the United
States who is on active duty or a member of the commissioned corps of
the national oceanic and atmospheric administration or public health
service, the spouse is the subject of a transfer, the individual left
employment to accompany the individual's spouse to a location from
which it is impractical to commute to the individual's place of
employment, and upon arrival at the new place of residence, the
individual is in all respects able and available for suitable work.
For

purpose

purposes

of division (D)(2)(a)(v) of this section, "active duty" and
"armed forces" have the same meanings as in 10 U.S.C. 101.

(b)
The individual has refused without good cause to accept an offer of
suitable work when made by an employer either in person or to the
individual's last known address, or has refused or failed to
investigate a referral to suitable work when directed to do so by a
local employment office of this state or another state, provided that
this division shall not cause a disqualification for a waiting week
or benefits under the following circumstances:

(i)
When work is offered by the individual's employer and the individual
is not required to accept the offer pursuant to the terms of the
labor-management contract or agreement; or

(ii)
When the individual is attending a training course pursuant to
division (A)(4) of this section except, in the event of a refusal to
accept an offer of suitable work or a refusal or failure to
investigate a referral, benefits thereafter paid to such individual
shall not be charged to the account of any employer and, except as
provided in division (B)(1)(b) of section 4141.241 of the Revised
Code, shall be charged to the mutualized account as provided in
division (B) of section 4141.25 of the Revised Code.

(c)
Such individual quit work to marry or because of marital, parental,
filial, or other domestic obligations.

(d)
The individual became unemployed by reason of commitment to any
correctional institution.

(e)
The individual became unemployed because of dishonesty in connection
with the individual's most recent or any base period work.
Remuneration earned in such work shall be excluded from the
individual's total base period remuneration and qualifying weeks that
otherwise would be credited to the individual for such work in the
individual's base period shall not be credited for the purpose of
determining the total benefits to which the individual is eligible
and the weekly benefit amount to be paid under section 4141.30 of the
Revised Code. Such excluded remuneration and noncredited qualifying
weeks shall be excluded from the calculation of the maximum amount to
be charged, under division (D) of section 4141.24 and section 4141.33
of the Revised Code, against the accounts of the individual's base
period employers. In addition, no benefits shall thereafter be paid
to the individual based upon such excluded remuneration or
noncredited qualifying weeks.

For
purposes of division (D)(2)(e) of this section, "dishonesty"
means the commission of substantive theft, fraud, or deceitful acts.

(3)
For purposes of division (D)(2)(a) of this section, an individual
shall be considered to have quit work without just cause if all of
the following apply:

(a)
The individual is provided temporary work assignments by the
individual's employer under agreed terms and conditions of
employment.

(b)
The individual is required pursuant to those terms and conditions to
inquire with the individual's employer for available work assignments
upon the conclusion of each work assignment.

(c)
Suitable work assignments are available with the employer, but the
individual fails to contact the employer to inquire about work
assignments.

(E)
No individual otherwise qualified to receive benefits shall lose the
right to benefits by reason of a refusal to accept new work if:

(1)
As a condition of being so employed the individual would be required
to join a company union, or to resign from or refrain from joining
any bona fide labor organization, or would be denied the right to
retain membership in and observe the lawful rules of any such
organization.

(2)
The position offered is vacant due directly to a strike, lockout, or
other labor dispute.

(3)
The work is at an unreasonable distance from the individual's
residence, having regard to the character of the work the individual
has been accustomed to do, and travel to the place of work involves
expenses substantially greater than that required for the
individual's former work, unless the expense is provided for.

(4)
The remuneration, hours, or other conditions of the work offered are
substantially less favorable to the individual than those prevailing
for similar work in the locality.

(F)
Subject to the special exceptions contained in division (A)(4)(f) of
this section and section 4141.301 of the Revised Code, in determining
whether any work is suitable for a claimant in the administration of
this chapter, the director, in addition to the determination required
under division (E) of this section, shall consider the degree of risk
to the claimant's health, safety, and morals, the individual's
physical fitness for the work, the individual's prior training and
experience, the length of the individual's unemployment, the distance
of the available work from the individual's residence, and the
individual's prospects for obtaining local work.

(G)
The "duration of unemployment" as used in this section
means the full period of unemployment next ensuing after a separation
from any base period or subsequent work and until an individual has
become reemployed in employment subject to this chapter, or the
unemployment compensation act of another state, or of the United
States, and until such individual has worked six weeks and for those
weeks has earned or been paid remuneration equal to six times an
average weekly wage of not less than: eighty-five dollars and ten
cents per week beginning on June 26, 1990; and beginning on and after
January 1, 1992, twenty-seven and one-half per cent of the statewide
average weekly wage as computed each first day of January under
division (B)(3) of section 4141.30 of the Revised Code, rounded down
to the nearest dollar, except for purposes of division (D)(2)(c) of
this section, such term means the full period of unemployment next
ensuing after a separation from such work and until such individual
has become reemployed subject to the terms set forth above, and has
earned wages equal to one-half of the individual's average weekly
wage or sixty dollars, whichever is less.

(H)
If a claimant is disqualified under division (D)(2)(a), (c), or (d)
of this section or found to be qualified under the exceptions
provided in division (D)(2)(a)(i), (iii), (iv), or (v) of this
section or division (A)(2) of section 4141.291 of the Revised Code,
then benefits that may become payable to such claimant, which are
chargeable to the account of the employer from whom the individual
was separated under such conditions, shall be charged to the
mutualized account provided in section 4141.25 of the Revised Code,
provided that no charge shall be made to the mutualized account for
benefits chargeable to a reimbursing employer, except as provided in
division (D)(2) of section 4141.24 of the Revised Code. In the case
of a reimbursing employer, the director shall refund or credit to the
account of the reimbursing employer any over-paid benefits that are
recovered under division (B) of section 4141.35 of the Revised Code.
Amounts chargeable to other states, the United States, or Canada that
are subject to agreements and arrangements that are established
pursuant to section 4141.43 of the Revised Code shall be credited or
reimbursed according to the agreements and arrangements to which the
chargeable amounts are subject.

(I)(1)
Benefits based on service in employment as provided in divisions
(B)(2)(a) and (b) of section 4141.01 of the Revised Code shall be
payable in the same amount, on the same terms, and subject to the
same conditions as benefits payable on the basis of other service
subject to this chapter; except that after December 31, 1977:

(a)
Benefits based on service in an instructional, research, or principal
administrative capacity in an institution of higher education, as
defined in division (Y) of section 4141.01 of the Revised Code; or
for an educational institution as defined in division (CC) of section
4141.01 of the Revised Code, shall not be paid to any individual for
any week of unemployment that begins during the period between two
successive academic years or terms, or during a similar period
between two regular but not successive terms or during a period of
paid sabbatical leave provided for in the individual's contract, if
the individual performs such services in the first of those academic
years or terms and has a contract or a reasonable assurance that the
individual will perform services in any such capacity for any such
institution in the second of those academic years or terms.

(b)
Benefits based on service for an educational institution or an
institution of higher education in other than an instructional,
research, or principal administrative capacity, shall not be paid to
any individual for any week of unemployment which begins during the
period between two successive academic years or terms of the
employing educational institution or institution of higher education,
provided the individual performed those services for the educational
institution or institution of higher education during the first such
academic year or term and, there is a reasonable assurance that such
individual will perform those services for any educational
institution or institution of higher education in the second of such
academic years or terms.

If
compensation is denied to any individual for any week under division
(I)(1)(b) of this section and the individual was not offered an
opportunity to perform those services for an institution of higher
education or for an educational institution for the second of such
academic years or terms, the individual is entitled to a retroactive
payment of compensation for each week for which the individual timely
filed a claim for compensation and for which compensation was denied
solely by reason of division (I)(1)(b) of this section. An
application for retroactive benefits shall be timely filed if
received by the director or the director's deputy within or prior to
the end of the fourth full calendar week after the end of the period
for which benefits were denied because of reasonable assurance of
employment. The provision for the payment of retroactive benefits
under division (I)(1)(b) of this section is applicable to weeks of
unemployment beginning on and after November 18, 1983. The provisions
under division (I)(1)(b) of this section shall be retroactive to
September 5, 1982, only if, as a condition for full tax credit
against the tax imposed by the "Federal Unemployment Tax Act,"
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States
secretary of labor determines that retroactivity is required by
federal law.

(c)
With respect to weeks of unemployment beginning after December 31,
1977, benefits shall be denied to any individual for any week which
commences during an established and customary vacation period or
holiday recess, if the individual performs any services described in
divisions (I)(1)(a) and (b) of this section in the period immediately
before the vacation period or holiday recess, and there is a
reasonable assurance that the individual will perform any such
services in the period immediately following the vacation period or
holiday recess.

(d)
With respect to any services described in division (I)(1)(a), (b), or
(c) of this section, benefits payable on the basis of services in any
such capacity shall be denied as specified in division (I)(1)(a),
(b), or (c) of this section to any individual who performs such
services in an educational institution or institution of higher
education while in the employ of an educational service agency. For
this purpose, the term "educational service agency" means a
governmental agency or governmental entity that is established and
operated exclusively for the purpose of providing services to one or
more educational institutions or one or more institutions of higher
education.

(e)
Any individual employed by a county board of developmental
disabilities shall be notified by the thirtieth day of April each
year if the individual is not to be reemployed the following academic
year.

(f)
Any individual employed by a school district, other than a municipal
school district as defined in section 3311.71 of the Revised Code,
shall be notified by the first day of June each year if the
individual is not to be reemployed the following academic year.

(2)
No disqualification will be imposed, between academic years or terms
or during a vacation period or holiday recess under this division,
unless the director or the director's deputy has received a statement
in writing from the educational institution or institution of higher
education that the claimant has a contract for, or a reasonable
assurance of, reemployment for the ensuing academic year or term.

(3)
If an individual has employment with an educational institution or an
institution of higher education and employment with a noneducational
employer, during the base period of the individual's benefit year,
then the individual may become eligible for benefits during the
between-term, or vacation or holiday recess, disqualification period,
based on employment performed for the noneducational employer,
provided that the employment is sufficient to qualify the individual
for benefit rights separately from the benefit rights based on school
employment. The weekly benefit amount and maximum benefits payable
during a disqualification period shall be computed based solely on
the nonschool employment.

(J)
Benefits shall not be paid on the basis of employment performed by an
alien, unless the alien had been lawfully admitted to the United
States for permanent residence at the time the services were
performed, was lawfully present for purposes of performing the
services, or was otherwise permanently residing in the United States
under color of law at the time the services were performed, under
section 212(d)(5) of the "Immigration and Nationality Act,"
66 Stat. 163, 8 U.S.C.A. 1101:

(1)
Any data or information required of individuals applying for benefits
to determine whether benefits are not payable to them because of
their alien status shall be uniformly required from all applicants
for benefits.

(2)
In the case of an individual whose application for benefits would
otherwise be approved, no determination that benefits to the
individual are not payable because of the individual's alien status
shall be made except upon a preponderance of the evidence that the
individual had not, in fact, been lawfully admitted to the United
States.

(K)
The director shall establish and utilize a system of profiling all
new claimants under this chapter that:

(1)
Identifies which claimants will be likely to exhaust regular
compensation and will need job search assistance services to make a
successful transition to new employment;

(2)
Refers claimants identified pursuant to division (K)(1) of this
section to reemployment services, such as job search assistance
services, available under any state or federal law;

(3)
Collects follow-up information relating to the services received by
such claimants and the employment outcomes for such claimant's
subsequent to receiving such services and utilizes such information
in making identifications pursuant to division (K)(1) of this
section; and

(4)
Meets such other requirements as the United States secretary of labor
determines are appropriate.

(L)
Except as otherwise provided in division (A)(6) of this section,
ineligibility pursuant to division (A) of this section shall begin on
the first day of the week in which the claimant becomes ineligible
for benefits and shall end on the last day of the week preceding the
week in which the claimant satisfies the eligibility requirements.

(M)
The director may adopt rules that the director considers necessary
for the administration of division (A) of this section.

Sec.
4141.33.
(A)
As used in this section:

(1)
"Reasonable assurance" means a written, verbal, or implied
agreement that the individual will perform services in the same or
similar capacity during the ensuing sports season or seasonal period.

(2)
"Seasonal employment" means employment of individuals hired
primarily to perform services in an industry which because of
climatic conditions or because of the seasonal nature of such
industry it is customary to operate only during regularly recurring
periods of forty weeks or less in any consecutive fifty-two weeks.

(3)
"Seasonal employer" means an employer determined by the
director of job and family services to be an employer whose
operations and business, with the exception of certain administrative
and maintenance operations, are substantially all in a seasonal
industry.

(4)
"Significantly" means forty per cent or more of an
individual's base period consists of services performed in seasonal
employment.

(B)
Any employer who claims to have seasonal employment in a seasonal
industry may file with the director a written application for
classification of such employment as seasonal. Whenever in any
industry it is customary to operate because of climatic conditions or
because of the seasonal nature of such industry only during regularly
recurring periods of forty weeks or less duration, benefits shall be
payable only during the longest seasonal periods which the best
practice of such industry will reasonably permit. The director shall
determine
,
after investigation, hearing, and due notice,

whether the industry is seasonal and, if seasonal, establish seasonal
periods for such seasonal employer.
The
director shall make the determination based on the application for
classification filed under this section and any other relevant
information available.
Until
such determination by the director, no industry or employment shall
be deemed seasonal.

(C)
When the director has determined such seasonal periods, the director
shall also establish the proportionate number of weeks of employment
and earnings required to qualify for seasonal benefit rights in place
of the weeks of employment and earnings requirement stipulated in
division (R) of section 4141.01 and section 4141.30 of the Revised
Code, and the proportionate number of weeks for which seasonal
benefits may be paid. An individual whose base period employment
consists of only seasonal employment for a single seasonal employer
and who meets the employment and earnings requirements determined by
the director pursuant to this division will have benefit rights
determined in accordance with this division, except benefits shall
not be paid for any week between two successive seasonal periods.
Benefit charges for such seasonal employment shall be computed and
charged in accordance with division (D) of section 4141.24 of the
Revised Code. The director may adopt rules for implementation of this
section.

(D)
An individual whose base period employment consists of either
seasonal employment with two or more seasonal employers or both
seasonal employment and nonseasonal employment with employers subject
to this chapter, will have benefit rights determined in accordance
with division (R) of section 4141.01 and section 4141.30 of the
Revised Code. Benefit charges for both seasonal and nonseasonal
employment shall be computed and charged in accordance with division
(D) of section 4141.24 of the Revised Code. The total seasonal and
nonseasonal benefits during a benefit year cannot exceed twenty-six
times the weekly benefit amount. Effective October 30, 2011, an
individual who performs services that significantly consist of
services performed in seasonal employment shall not be paid benefits
for those services for any week in the period between two successive
seasonal periods if the individual performed those services in the
first of the seasonal periods and there is reasonable assurance that
the individual will perform those services in the later of the
seasonal periods. The director shall adopt rules for the
implementation of this division.

(E)
Benefits shall not be paid to any individual on the basis of any
services, substantially all of which consist of participating in
sports or athletic events or training or preparing to so participate,
for any week which commences during the period between two successive
sport seasons, or similar periods, if the individual performed
services in the first of the seasons, or similar periods, and there
is a reasonable assurance that the individual will perform services
in the later of the seasons, or similar periods.

(F)
The director shall adopt rules concerning the eligibility for
benefits of individuals under divisions (D) and (E) of this section.

Sec.
4141.56.
Beginning
one year after the effective date of this section, and every year
thereafter, the
The

director
of job and family services
annually

shall
prepare
a
report
and
submit
a
report
it
by the first day of August
to
the governor, the president and minority leader of the senate, and
the speaker and the minority leader of the house of representatives

that
discusses
.
The report shall discuss
the
utilization of the SharedWork Ohio program created under section
4141.50 of the Revised Code. The director shall include in that
report the number of employers and employees participating in the
program, the amount of shared work compensation paid under the
program during the immediately preceding year, and any other
information the director considers to be relevant.

Sec.
4141.60.
(A)

Beginning
on the last day of February that occurs after the effective date of
this section, and annually thereafter, the
The

director
of job and family services
annually

shall
prepare
a
report
and
submit
a
report
it
by the first day of August
to
the persons listed in division (B) of this section. The director
shall include all of the following information in the report with
respect to the calendar year preceding the date the report is
submitted:

(1)
The number of calls received from applicants for and recipients of
benefits under this chapter at all call centers operated by the
director;

(2)
The total number of claims for benefits filed under this chapter;

(3)
The number of claims for benefits marked as potentially fraudulent;

(4)
The number of complaints submitted by applicants for and recipients
of benefits under this chapter through the uniform process created by
the director under section 4141.13 of the Revised Code;

(5)
A summary of updates or changes to the technology the director uses
to administer this chapter that have occurred during the calendar
year covered by the report.

(B)
The director shall submit the report required under division (A) of
this section to the speaker of the house of representatives,
the

president
of the senate,
and

the
governor
,

and
the members of the unemployment compensation modernization and
improvement council
.

Sec.
4301.12.
(A)

The
division of liquor control shall provide for the custody,
safekeeping, and deposit of all moneys, checks, and drafts received
by it or any of its employees or agents prior to paying them to the
treasurer of state as provided by section 113.08 of the Revised Code.

(B)

A
sum equal to three dollars and thirty-eight cents for each gallon of
spirituous liquor sold by the division, JobsOhio, or a designee of
JobsOhio during the period covered by the payment shall be paid into
the state treasury to the credit of the general revenue fund.
All
moneys
Except
as provided in division (G) of section 4301.30 of the Revised Code,
all money
received
from permit fees
,
except B-2a, S-1, and S-2 permit fees from B-2a, S-1, and S-2 permit
holders who do not also hold A-2 or A-2f permits,

shall be paid to the credit of the undivided liquor permit fund
established by section 4301.30 of the Revised Code.

(C)

Except
as otherwise provided by law, the division shall deposit all moneys
collected under Chapters 4301. and 4303. of the Revised Code into the
state treasury to the credit of the state liquor regulatory fund
created in section 4301.30 of the Revised Code. In addition, revenue
resulting from any contracts with the department of commerce
pertaining to the responsibilities and operations described in this
chapter may be credited to the fund.

(D)

Whenever,
in the judgment of the director of budget and management, the amount
in the liquor control fund is in excess of that needed to meet the
maturing obligations of the division, as working capital for its
further operations, to pay the operating expenses of the commission,
and for the alcohol testing program under section 3701.143 of the
Revised Code, the director shall transfer the excess to the credit of
the general revenue fund. If the director determines that the amount
in the liquor control fund is insufficient, the director may transfer
money from the general revenue fund to the liquor control fund.

Sec.
4301.19.
The
division of liquor control shall sell spirituous liquor only, whether
from a warehouse

or
from
,

a
state liquor store

or

,
an
agency
store
,
or an A-3a permit premises
.
All sales shall be in sealed containers and for resale as authorized
by this chapter and Chapter 4303. of the Revised Code or for
consumption off the premises only. Except as otherwise provided in
this section, sale of containers holding one-half pint or less of
spirituous liquor by the division shall be made at retail only, and
not for the purpose of resale by any purchaser, by special order
placed with a state liquor store or agency store and subject to rules
established by the superintendent of liquor control. The division may
sell at wholesale spirituous liquor in fifty milliliter sealed
containers to any holder of a permit issued under Chapter 4303. of
the Revised Code that authorizes the sale of spirituous liquor for
consumption on the premises where sold. A person appointed by the
division to act as an agent for the sale of spirituous liquor
pursuant to section 4301.17 of the Revised Code may provide and
accept gift certificates and may accept credit cards and debit cards
for the retail purchase of spirituous liquor. Deliveries shall be
made in the manner the superintendent determines by rule.

Subject
to division (A)(3) of section 4301.10 and division (A) of section
4301.14 of the Revised Code, if any person desires to purchase any
variety or brand of spirituous liquor which is not in stock at the
state liquor store or agency store where the variety or brand is
ordered, the division shall immediately procure the variety or brand.
The purchaser shall be immediately notified upon the arrival of the
spirituous liquor at the store at which it was ordered. Unless the
purchaser pays for the variety or brand and accepts delivery within
five days after the giving of the notice, the division may place the
spirituous liquor in stock for general sale.

Sec.
4301.30.
(A)

All

Except
as provided in division (G) of this section, all
fees
collected by the division of liquor control shall be deposited in the
state treasury to the credit of the undivided liquor permit fund,
which is hereby created, at the time prescribed under section 4301.12
of the Revised Code. Each payment shall be accompanied by a statement
showing separately the amount collected for each class of permits in
each municipal corporation and in each township outside the limits of
any municipal corporation in such township.

(B)(1)
An amount equal to forty-five per cent of the fund shall be paid from
the fund into the state liquor regulatory fund, which is hereby
created in the state treasury. The state liquor regulatory fund shall
be used to pay the operating expenses of the division of liquor
control in administering and enforcing Title XLIII of the Revised
Code and the operating expenses of the liquor control commission.

Investment
earnings of the fund shall be credited to the fund.

(2)
Whenever, in the judgment of the director of budget and management,
the amount of money that is in the state liquor regulatory fund is in
excess of the amount that is needed to pay the operating expenses of
the division in administering and enforcing Title XLIII of the
Revised Code and the operating expenses of the commission, the
director shall credit the excess amount to the general revenue fund.

(C)
Twenty per cent of the undivided liquor permit fund shall be paid
into the statewide treatment and prevention fund, which is hereby
created in the state treasury. This amount shall be appropriated by
the general assembly, together with an amount equal to one and
one-half per cent of the gross profit of the division of liquor
control derived under division (B)(4) of section 4301.10 of the
Revised Code, to the department of mental health and addiction
services. In planning for the allocation of and in allocating these
amounts for the purposes of Chapter 5119. of the Revised Code, the
department shall comply with the nondiscrimination provisions of
Title VI of the Civil Rights Act of 1964, and any rules adopted under
that act.

(D)
Thirty-five per cent of the undivided liquor permit fund shall be
distributed by the superintendent of liquor control at quarterly
calendar periods as follows:

(1)
To each municipal corporation, the aggregate amount shown by the
statements to have been collected from permits in the municipal
corporation, for the use of the general fund of the municipal
corporation;

(2)
To each township, the aggregate amount shown by the statements to
have been collected from permits in its territory, outside the limits
of any municipal corporation located in the township, for the use of
the general fund of the township, or for fire protection purposes,
including buildings and equipment in the township or in an
established fire district within the township, to the extent that the
funds are derived from liquor permits within the territory comprising
such fire district.

(E)
For the purpose of the distribution required by this section, E, H,
and D permits covering boats or vessels are deemed to have been
issued in the municipal corporation or township wherein the owner or
operator of the vehicle, boat, vessel, or dining car equipment to
which the permit relates has the owner's or operator's principal
office or place of business within the state.

(F)
If the division determines that the police or other officers of any
municipal corporation or township entitled to share in distributions
under this section are refusing or culpably neglecting to enforce
this chapter and Chapter 4303. of the Revised Code, or the penal laws
of this state relating to the manufacture, importation,
transportation, distribution, and sale of beer and intoxicating
liquors, or if the prosecuting officer of a municipal corporation or
a municipal court fails to comply with the request of the division
authorized by division (A)(4) of section 4301.10 of the Revised Code,
the division, by certified mail or by electronic means as determined
by the superintendent to provide proper notice under the laws of this
state, may notify the chief executive officer of the municipal
corporation or the board of township trustees of the township of the
failure and require the immediate cooperation of the responsible
officers of the municipal corporation or township with the division
in the enforcement of those chapters and penal laws. Within thirty
days after the notice is served, the division shall determine whether
the requirement has been complied with. If the division determines
that the requirement has not been complied with, it may withhold the
distributive share of the municipal corporation or township. This
action of the division is reviewable within thirty days thereafter in
the court of common pleas of Franklin county.

(G)
All fees collected by the division of liquor control from the
issuance or renewal of
B-2a,
S-1, and S-2 permits, and paid by B-2a, S-1, and S-2 permit holders
who do not also hold A-1 or A-1c permits or A-2 or A-2f permits,
the
following permits

shall be deposited in the state treasury to the credit of the state
liquor regulatory fund
:

(1)
B-2a, S-1, and S-2 permits paid by B-2a, S-1, and S-2 permit holders
who do not also hold A-1 or A-1c permits or A-2 or A-2f permits;

(2)
H permits where the permit premises are located outside of this
state
.

Once

Once

during
each fiscal year, an amount equal to fifty per cent of the fees
collected shall be paid from the state liquor regulatory fund into
the general revenue fund.

Sec.
4301.421.
(A)
For the purposes of section 307.696 of the Revised Code, to pay the
expenses of administering the tax, and to pay any or all of the
charge the board of elections makes against the county to hold the
election on the question of levying the tax, or for those purposes
and to provide revenues to the county for permanent improvements, the
board of county commissioners may levy a tax on the sale of beer at a
rate not to exceed sixteen cents per gallon, on the sale of cider at
a rate not to exceed twenty-four cents per gallon, and on the sale of
wine and mixed beverages at a rate not to exceed thirty-two cents per
gallon. The tax shall be imposed on all beer, cider, wine, and mixed
beverages sold for resale at retail in the county, and on all beer,
cider, wine, and mixed beverages sold at retail in the county by the
manufacturer, bottler, importer, or other person upon which the tax
has not been paid. The tax shall not be levied on the sale of wine to
be used for known sacramental purposes. The tax may be levied for any
number of years not exceeding twenty. The tax shall be in addition to
the taxes imposed by sections 4301.42, 4301.43, 4301.432, and 4305.01
of the Revised Code. The tax shall not be considered a cost in any
computation required under rules of the liquor control commission
regulating minimum prices or mark-ups.

Only
one sale of the same article shall be used in computing, reporting,
and paying the amount of tax due.

The
tax shall be levied pursuant to a resolution of the county
commissioners approved by a majority of the electors in the county
voting on the question of levying the tax, which resolution shall
specify the rate of the tax, the number of years the tax will be
levied, and the purposes for which the tax is levied. The election
may be held on the date of a general election or special election
held not sooner than ninety days after the date the board certifies
its resolution to the board of elections. If approved by the
electors, the tax shall take effect on the first day of the month
specified in the resolution but not sooner than the first day of the
month that is at least sixty days after the certification of the
election results by the board of elections. A copy of the resolution
levying the tax and the certification of the board of elections shall
be certified to the tax commissioner at least sixty days prior to the
date on which the tax is to become effective.

A
resolution under this section may be joined on the ballot as a single
question with a resolution adopted under section 307.697 or 5743.024
of the Revised Code to levy a tax for the same purposes and for the
purpose of paying the expenses of administering the tax. The form of
the ballot in an election held pursuant to this section shall be as
prescribed in section 307.697 of the Revised Code.

(B)
The board of county commissioners of a county in which a tax is
imposed under this section on the effective date of the amendment of
this section by H.B. 59 of the 130th general assembly
,
September 29, 2013,

may levy a tax for the purpose of section 307.673 of the Revised Code
regardless of whether or not the cooperative agreement authorized
under that section has been entered into prior to the day the
resolution adopted under division (B)(1) or (2) of this section is
adopted, for the purpose of reimbursing a county for costs incurred
in the construction of a sports facility pursuant to an agreement
entered into by the county under section 307.696 of the Revised Code,
or for the purpose of paying the costs of capital repairs of and
improvements to a sports facility. The tax shall be levied and
approved in one of the manners prescribed by division (B)(1) or (2)
of this section.

(1)
The tax may be levied pursuant to a resolution adopted by a majority
of the members of the board of county commissioners not later than
September 2, 1995. A board of county commissioners approving a tax
under division (B)(1) of this section may approve a tax under
division (D)(1) of section 307.697 or division (C)(1) of section
5743.024 of the Revised Code at the same time. Subject to the
resolution being submitted to a referendum under sections 305.31 to
305.41 of the Revised Code, the resolution shall take effect
immediately, but the tax levied pursuant to the resolution shall not
be levied prior to the day following the last day that any tax
previously levied pursuant to this division may be levied.

(2)
The tax may be levied pursuant to a resolution adopted by a majority
of the members of the board of county commissioners not later than
September 1, 2015, and approved by a majority of the electors of the
county voting on the question of levying the tax. The board of county
commissioners shall certify a copy of the resolution to the board of
elections immediately upon adopting a resolution under division
(D)(2) of this section. The election may be held on the date of a
general or special election held not sooner than ninety days after
the date the board certifies its resolution to the board of
elections. The form of the ballot shall be as prescribed by division
(C) of section 307.697 of the Revised Code, except that the phrase
"paying not more than one-half of the costs of providing a
sports facility together with related redevelopment and economic
development projects" shall be replaced by the phrase "paying
the costs of constructing, renovating, improving, or repairing a
sports facility and reimbursing a county for costs incurred by the
county in the construction of a sports facility," and the phrase
", beginning __________ (here insert the earliest date the tax
would take effect)" shall be appended after "years." A
board of county commissioners submitting the question of a tax under
division (B)(2) of this section may submit the question of a tax
under division (D)(2) of section 307.697 or division (C)(2) of
section 5743.024 of the Revised Code as a single question, and the
form of the ballot shall include each of the proposed taxes.

If
approved by a majority of electors voting on the question, the tax
shall take effect on the day specified on the ballot, which shall not
be earlier than the day following the last day that any tax
previously levied pursuant to this division may be levied.

The
rate of a tax levied pursuant to division (B)(1) or (2) of this
section shall not exceed the rate specified in division (A) of this
section. A tax levied pursuant to division (B)(1) or (2) of this
section may be levied for any number of years not exceeding twenty.

A
board of county commissioners adopting a resolution under division
(B)(1) or (2) of this section shall certify a copy of the resolution
to the tax commissioner immediately upon adoption of the resolution.

(C)

The
board of county commissioners of a county whose population is greater
than one million one hundred thousand but less than one million three
hundred thousand may levy a tax under this division for the purpose
of section 307.673 of the Revised Code regardless of whether or not
the cooperative agreement authorized under that section has been
entered into prior to the day the resolution adopted under division
(C) of this section is adopted, for the purpose of reimbursing a
county for costs incurred in the construction of a sports facility
pursuant to an agreement entered into by the county under section
307.696 of the Revised Code, or for the purpose of paying the costs
of constructing, equipping, furnishing, maintaining, renovating,
improving, or repairing a sports facility. The tax may be levied for
any number of years or for a continuing period of time.

The
tax may be levied pursuant to a resolution adopted by the board of
county commissioners and approved by a majority of the electors of
the county voting on the question of levying the tax. The board of
county commissioners shall certify a copy of the resolution to the
board of elections immediately upon adopting a resolution under
division (C) of this section. The election may be held on the date of
a general or special election held not sooner than ninety days after
the date the board certifies its resolution to the board of
elections. The form of the ballot shall be as follows or in any other
form acceptable to the secretary of state:

"For
the purpose of ______ (state the purpose or purposes), shall an
excise tax be levied by __________ county at the rate of ______ cents
per gallon on the sale of beer at wholesale in the county, _____
cents per gallon on the sale of wine and mixed beverages at wholesale
in the county, and ____ cents per gallon on the sale of cider at
wholesale in the county for ____ (number of years or a continuing
period of time), the tax beginning on __________ (the earliest date
the tax would take effect)?

Yes

No

"

A
board of county commissioners submitting the question of a tax under
division (C) of this section may submit the question of a tax under
section 5743.511, division (E) of section 307.697, or division (D) of
section 5743.024 of the Revised Code, or all, as a single question,
provided that each tax is for the same purpose and period of time and
the form of the ballot states the rate of each of the proposed taxes.

If
approved by a majority of electors voting on the question, the tax
shall take effect on the date specified in the resolution but not
sooner than the first day of the month that is at least sixty days
after the certification of the election results by the board of
elections. The tax levied under division (C) of this section may be
approved and take effect before the expiration of the tax levied
under division (B) of this section. The tax levied under division (C)
of this section shall supersede and replace any tax levied under
division (B) of this section, and the tax levied under division (B)
of this section shall no longer be levied once the tax levied under
division (C) of this section takes effect.

The
rate of tax levied pursuant to division (C) of this section on the
sale of beer shall not exceed thirty-two cents per gallon, on the
sale of cider shall not exceed forty-eight cents per gallon, and on
the sale of wine and mixed beverages shall not exceed sixty-four
cents per gallon. The tax levied pursuant to division (C) of this
section shall be imposed on all beer, cider, wine, and mixed
beverages sold for resale at retail in the county, and on all beer,
cider, wine, and mixed beverages sold at retail in the county by the
bottler, importer, or other person upon which the tax has not been
paid. The tax levied pursuant to division (C) of this section shall
not be levied on the sale of wine to be used for known sacramental
purposes.

The
tax levied pursuant to division (C) of this section shall be in
addition to the taxes imposed by sections 4301.42, 4301.43, 4301.432,
and 4305.01 of the Revised Code. The tax levied pursuant to division
(C) of this section shall not be considered a cost in any computation
required under rules of the liquor control commission regulating
minimum prices or mark-ups. Only one sale of the same article shall
be used in computing, reporting, and paying the amount of tax due.

A
board of county commissioners adopting a resolution under division
(C) of this section shall certify a copy of the resolution to the tax
commissioner immediately upon adoption of the resolution.

(D)

No
tax shall be levied under division (A) of this section on or after
September 23, 2008. This division does not apply to a tax levied
under division (B)

or
(C)

of this section, and does not prevent the collection of any tax
levied under this section before September 23, 2008, so long as that
tax remains effective.

Sec.
4303.181.
(A)
Permit D-5a may be issued either to the owner or operator of a hotel
or motel that is required to be licensed under section 3731.03 of the
Revised Code, that contains at least fifty rooms for registered
transient guests or is owned by a state institution of higher
education as defined in section 3345.011 of the Revised Code or a
private college or university, and that qualifies under the other
requirements of this section, or to the owner or operator of a
restaurant specified under this section, to sell beer and any
intoxicating liquor at retail, only by the individual drink in glass
and from the container, for consumption on the premises where sold,
and to registered guests in their rooms, which may be sold by means
of a controlled access alcohol and beverage cabinet in accordance
with division (B) of section 4301.21 of the Revised Code; and to sell
the same products in the same manner and amounts not for consumption
on the premises as may be sold by holders of D-1 and D-2 permits. The
premises of the hotel or motel shall include a retail food
establishment or a food service operation licensed pursuant to
Chapter 3717. of the Revised Code that operates as a restaurant for
purposes of this chapter and that is affiliated with the hotel or
motel and within or contiguous to the hotel or motel, and that serves
food within the hotel or motel, but the principal business of the
owner or operator of the hotel or motel shall be the accommodation of
transient guests. In addition to the privileges authorized in this
division, the holder of a D-5a permit may exercise the same
privileges, and shall observe the same hours of operation, as the
holder of a D-5 permit.

The
owner or operator of a hotel, motel, or restaurant who qualified for
and held a D-5a permit on August 4, 1976, may, if the owner or
operator held another permit before holding a D-5a permit, either
retain a D-5a permit or apply for the permit formerly held, and the
division of liquor control shall issue the permit for which the owner
or operator applies and formerly held, notwithstanding any quota.

A
D-5a permit shall not be transferred to another location. No quota
restriction shall be placed on the number of D-5a permits that may be
issued.

The
fee for this permit is two thousand three hundred forty-four dollars.

(B)
Permit D-5b may be issued to the owner, operator, tenant, lessee, or
occupant of an enclosed shopping center to sell beer and intoxicating
liquor at retail, only by the individual drink in glass and from the
container, for consumption on the premises where sold; and to sell
the same products in the same manner and amount not for consumption
on the premises as may be sold by holders of D-1 and D-2 permits. In
addition to the privileges authorized in this division, the holder of
a D-5b permit may exercise the same privileges, and shall observe the
same hours of operation, as a holder of a D-5 permit.

A
D-5b permit shall not be transferred to another location.

One
D-5b permit may be issued at an enclosed shopping center containing
at least two hundred twenty-five thousand, but less than four hundred
thousand, square feet of floor area.

Two
D-5b permits may be issued at an enclosed shopping center containing
at least four hundred thousand square feet of floor area. No more
than one D-5b permit may be issued at an enclosed shopping center for
each additional two hundred thousand square feet of floor area or
fraction of that floor area, up to a maximum of five D-5b permits for
each enclosed shopping center. The number of D-5b permits that may be
issued at an enclosed shopping center shall be determined by
subtracting the number of D-3 and D-5 permits issued in the enclosed
shopping center from the number of D-5b permits that otherwise may be
issued at the enclosed shopping center under the formulas provided in
this division. Except as provided in this section, no quota shall be
placed on the number of D-5b permits that may be issued.
Notwithstanding any quota provided in this section, the holder of any
D-5b permit first issued in accordance with this section is entitled
to its renewal in accordance with section 4303.271 of the Revised
Code.

The
holder of a D-5b permit issued before April 4, 1984, whose tenancy is
terminated for a cause other than nonpayment of rent, may return the
D-5b permit to the division of liquor control, and the division shall
cancel that permit. Upon cancellation of that permit and upon the
permit holder's payment of taxes, contributions, premiums,
assessments, and other debts owing or accrued upon the date of
cancellation to this state and its political subdivisions and a
filing with the division of a certification of that payment, the
division shall issue to that person either a D-5 permit, or a D-1, a
D-2, and a D-3 permit, as that person requests. The division shall
issue the D-5 permit, or the D-1, D-2, and D-3 permits, even if the
number of D-1, D-2, D-3, or D-5 permits currently issued in the
municipal corporation or in the unincorporated area of the township
where that person's proposed premises is located equals or exceeds
the maximum number of such permits that can be issued in that
municipal corporation or in the unincorporated area of that township
under the population quota restrictions contained in section 4303.29
of the Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall
not be transferred to another location. If a D-5b permit is canceled
under the provisions of this paragraph, the number of D-5b permits
that may be issued at the enclosed shopping center for which the D-5b
permit was issued, under the formula provided in this division, shall
be reduced by one if the enclosed shopping center was entitled to
more than one D-5b permit under the formula.

The
fee for this permit is two thousand three hundred forty-four dollars.

(C)
Permit D-5c may be issued to the owner or operator of a retail food
establishment or a food service operation licensed pursuant to
Chapter 3717. of the Revised Code that operates as a restaurant for
purposes of this chapter and that qualifies under the other
requirements of this section to sell beer and any intoxicating liquor
at retail, only by the individual drink in glass and from the
container, for consumption on the premises where sold, and to sell
the same products in the same manner and amounts not for consumption
on the premises as may be sold by holders of D-1 and D-2 permits. In
addition to the privileges authorized in this division, the holder of
a D-5c permit may exercise the same privileges, and shall observe the
same hours of operation, as the holder of a D-5 permit.

To
qualify for a D-5c permit, the owner or operator of a retail food
establishment or a food service operation licensed pursuant to
Chapter 3717. of the Revised Code that operates as a restaurant for
purposes of this chapter, shall have operated the restaurant at the
proposed premises for not less than twenty-four consecutive months
immediately preceding the filing of the application for the permit,
have applied for a D-5 permit no later than December 31, 1988, and
appear on the division's quota waiting list for not less than six
months immediately preceding the filing of the application for the
permit. In addition to these requirements, the proposed D-5c permit
premises shall be located within a municipal corporation and further
within an election precinct that, at the time of the application, has
no more than twenty-five per cent of its total land area zoned for
residential use.

A
D-5c permit shall not be transferred to another location. No quota
restriction shall be placed on the number of such permits that may be
issued.

Any
person who has held a D-5c permit for at least two years may apply
for a D-5 permit, and the division of liquor control shall issue the
D-5 permit notwithstanding the quota restrictions contained in
section 4303.29 of the Revised Code or in any rule of the liquor
control commission.

The
fee for this permit is one thousand five hundred sixty-three dollars.

(D)(1)
Permit D-5d may be issued to the owner or operator of a retail food
establishment or a food service operation licensed pursuant to
Chapter 3717. of the Revised Code that operates as a restaurant for
purposes of this chapter and that is located at an airport operated
by a municipal corporation, at an airport operated by a board of
county commissioners pursuant to section 307.20 of the Revised Code,
at an airport operated by a port authority pursuant to Chapter 4582.
of the Revised Code, or at an airport operated by a regional airport
authority pursuant to Chapter 308. of the Revised Code.

(2)
The holder of a D-5d permit may sell either of the following:

(a)
Beer and any intoxicating liquor at retail, only by the individual
drink in glass and from the container, for consumption on the
premises where sold. In addition, such consumption may occur in the
area of the airport terminal that is restricted to persons taking
flights to and from the airport, provided all of the following apply:

(i)
The airport's governing body authorizes the consumption of beer and
intoxicating liquor in that area.

(ii)
The D-5d permit holder is located in that area.

(iii)
The airport is a public-use airport, as defined in section 4563.30 of
the Revised Code, that has commercial flight activity and has one or
more passenger or property screening checkpoints or restricted areas
used as security measures.

(iv)
The beer or intoxicating liquor is served solely in plastic bottles
or other plastic containers that clearly identify the D-5d permit
holder.

(b)
The same products in the same manner and amounts not for consumption
on the premises where sold as may be sold by the holders of D-1 and
D-2 permits.

In
addition to the privileges authorized in division (D) of this
section, the holder of a D-5d permit may exercise the same
privileges, and shall observe the same hours of operation, as the
holder of a D-5 permit.

(3)
A D-5d permit shall not be transferred to another location. No quota
restrictions shall be placed on the number of such permits that may
be issued.

(4)
The fee for the D-5d permit is two thousand three hundred forty-four
dollars.

(E)
Permit D-5e may be issued to any nonprofit organization that is
exempt from federal income taxation under the "Internal Revenue
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as
amended, or that is a charitable organization under any chapter of
the Revised Code, and that owns or operates a riverboat that meets
all of the following:

(1)
Is permanently docked at one location;

(2)
Is designated as an historical riverboat by the Ohio history
connection;

(3)
Contains not less than fifteen hundred square feet of floor area;

(4)
Has a seating capacity of fifty or more persons.

The
holder of a D-5e permit may sell beer and intoxicating liquor at
retail, only by the individual drink in glass and from the container,
for consumption on the premises where sold.

A
D-5e permit shall not be transferred to another location. No quota
restriction shall be placed on the number of such permits that may be
issued. The population quota restrictions contained in section
4303.29 of the Revised Code or in any rule of the liquor control
commission shall not apply to this division, and the division shall
issue a D-5e permit to any applicant who meets the requirements of
this division. However, the division shall not issue a D-5e permit if
the permit premises or proposed permit premises are located within an
area in which the sale of spirituous liquor by the glass is
prohibited.

In
addition to the privileges authorized in this division, the holder of
a D-5e permit may exercise the same privileges, and shall observe the
same hours of operation, as the holder of a D-5 permit.

The
fee for this permit is one thousand two hundred nineteen dollars.

(F)
Permit D-5f may be issued to the owner or operator of a retail food
establishment or a food service operation licensed under Chapter
3717. of the Revised Code that operates as a restaurant for purposes
of this chapter and that meets all of the following:

(1)
It contains not less than twenty-five hundred square feet of floor
area.

(2)
It is located on or in, or immediately adjacent to, the shoreline of,
a navigable river.

(3)
It provides docking space for twenty-five boats.

(4)
It provides entertainment and recreation, provided that not less than
fifty per cent of the business on the permit premises shall be
preparing and serving meals for a consideration.

In
addition, each application for a D-5f permit shall be accompanied by
a certification from the local legislative authority that the
issuance of the D-5f permit is not inconsistent with that political
subdivision's comprehensive development plan or other economic
development goal as officially established by the local legislative
authority.

The
holder of a D-5f permit may sell beer and intoxicating liquor at
retail, only by the individual drink in glass and from the container,
for consumption on the premises where sold.

A
D-5f permit shall not be transferred to another location.

The
division of liquor control shall not issue a D-5f permit if the
permit premises or proposed permit premises are located within an
area in which the sale of spirituous liquor by the glass is
prohibited. In addition to the privileges authorized in this
division, the holder of a D-5f permit may exercise the same
privileges, and shall observe the same hours of operation, as the
holder of a D-5 permit.

A
fee for this permit is two thousand three hundred forty-four dollars.

As
used in this division, "navigable river" means a river that
is also a "navigable water" as defined in the "Federal
Power Act," 94 Stat. 770 (1980), 16 U.S.C. 796.

(G)
Permit D-5g may be issued to a nonprofit corporation that is either
the owner or the operator of a national professional sports museum.
The holder of a D-5g permit may sell beer and any intoxicating liquor
at retail, only by the individual drink in glass and from the
container, for consumption on the premises where sold. The holder of
a D-5g permit shall sell no beer or intoxicating liquor for
consumption on the premises where sold after two-thirty a.m. A D-5g
permit shall not be transferred to another location. No quota
restrictions shall be placed on the number of D-5g permits that may
be issued. In addition to the privileges authorized in this division,
the holder of a D-5g permit may exercise the same privileges, and
shall observe the same hours of operation, as the holder of a D-5
permit.

The
fee for this permit is one thousand eight hundred seventy-five
dollars.

(H)(1)
Permit D-5h may be issued to any nonprofit organization that is
exempt from federal income taxation under the "Internal Revenue
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as
amended, that owns or operates any of the following:

(a)
A fine arts museum, provided that the nonprofit organization has no
less than one thousand five hundred bona fide members possessing full
membership privileges;

(b)
A community arts center. As used in division (H)(1)(b) of this
section, "community arts center" means a facility that
provides arts programming to the community in more than one arts
discipline, including, but not limited to, exhibits of works of art
and performances by both professional and amateur artists.

(c)
A community theater, provided that the nonprofit organization is a
member of the Ohio arts council and the American community theatre
association and has been in existence for not less than ten years. As
used in division (H)(1)(c) of this section, "community theater"
means a facility that contains at least one hundred fifty seats and
has a primary function of presenting live theatrical performances and
providing recreational opportunities to the community.

(2)
The holder of a D-5h permit may sell beer and any intoxicating liquor
at retail, only by the individual drink in glass and from the
container, for consumption on the premises where sold. A D-5h permit
shall not be transferred to another location. No quota restrictions
shall be placed on the number of D-5h permits that may be issued.

(3)
In addition to the privileges authorized in this division, the holder
of a D-5h permit may exercise the same privileges, and shall observe
the same hours of operation, as the holder of a D-5 permit.

(4)
The fee for a D-5h permit is one thousand eight hundred seventy-five
dollars.

(I)
Permit D-5i may be issued to the owner or operator of a retail food
establishment or a food service operation licensed under Chapter
3717. of the Revised Code that operates as a restaurant for purposes
of this chapter and that meets all of the following requirements:

(1)
It is located in a municipal corporation or a township with a
population of one hundred thousand or less.

(2)
It has inside seating capacity for at least one hundred forty
persons.

(3)
It has at least four thousand square feet of floor area.

(4)
It offers full-course meals, appetizers, and sandwiches.

(5)
Its receipts from beer and liquor sales, excluding wine sales, do not
exceed twenty-five per cent of its total gross receipts.

(6)
It has at least one of the following characteristics:

(a)
The value of its real and personal property exceeds seven hundred
twenty-five thousand dollars.

(b)
It is located on property that is owned or leased by the state or a
state agency, and its owner or operator has authorization from the
state or the state agency that owns or leases the property to obtain
a D-5i permit.

The
holder of a D-5i permit may sell beer and any intoxicating liquor at
retail, only by the individual drink in glass and from the container,
for consumption on the premises where sold, and may sell the same
products in the same manner and amounts not for consumption on the
premises where sold as may be sold by the holders of D-1 and D-2
permits. In addition to the privileges authorized in this division,
the holder of a D-5i permit may exercise the same privileges, and
shall observe the same hours of operation, as the holder of a D-5
permit.

A
D-5i permit shall not be transferred to another location. The
division of liquor control shall not renew a D-5i permit unless the
retail food establishment or food service operation for which it is
issued continues to meet the requirements described in divisions
(I)(1) to (6) of this section. No quota restrictions shall be placed
on the number of D-5i permits that may be issued. The fee for the
D-5i permit is two thousand three hundred forty-four dollars.

(J)
Permit D-5j may be issued to the owner or the operator of a retail
food establishment or a food service operation licensed under Chapter
3717. of the Revised Code to sell beer and intoxicating liquor at
retail, only by the individual drink in glass and from the container,
for consumption on the premises where sold and to sell beer and
intoxicating liquor in the same manner and amounts not for
consumption on the premises where sold as may be sold by the holders
of D-1 and D-2 permits. The holder of a D-5j permit may exercise the
same privileges, and shall observe the same hours of operation, as
the holder of a D-5 permit.

The
D-5j permit shall be issued only within a community entertainment
district that is designated under section 4301.80 of the Revised
Code. The permit shall not be issued to a community entertainment
district that is designated under divisions (B) and (C) of section
4301.80 of the Revised Code if the district does not meet one of the
following qualifications:

(1)
It is located in a municipal corporation with a population of at
least one hundred thousand.

(2)
It is located in a municipal corporation with a population of at
least twenty thousand, and either of the following applies:

(a)
It contains an amusement park the rides of which have been issued a
permit by the department of agriculture under Chapter 1711. of the
Revised Code.

(b)
Not less than fifty million dollars will be invested in development
and construction in the community entertainment district's area
located in the municipal corporation.

(3)
It is located in a township with a population of at least forty
thousand.

(4)
It is located in a township with a population of at least twenty
thousand, and not less than seventy million dollars will be invested
in development and construction in the community entertainment
district's area located in the township.

(5)
It is located in a municipal corporation with a population between
seven thousand and twenty thousand, and both of the following apply:

(a)
The municipal corporation
was
incorporated as a village prior to calendar year 1880 and
currently
has a historic downtown business district.

(b)
The municipal corporation is located in the same county as another
municipal corporation with at least one community entertainment
district.

(6)
It is located in a municipal corporation with a population of at
least ten thousand, and not less than seventy million dollars will be
invested in development and construction in the community
entertainment district's area located in the municipal corporation.

(7)
It is located in a municipal corporation with a population of at
least three thousand, and not less than one hundred fifty million
dollars will be invested in development and construction in the
community entertainment district's area located in the municipal
corporation.

The
location of a D-5j permit may be transferred only within the
geographic boundaries of the community entertainment district in
which it was issued and shall not be transferred outside the
geographic boundaries of that district.

Not
more than one D-5j permit shall be issued within each community
entertainment district for each five acres of land located within the
district. Not more than fifteen D-5j permits may be issued within a
single community entertainment district. Except as otherwise provided
in division (J)(4) of this section, no quota restrictions shall be
placed upon the number of D-5j permits that may be issued.

The
fee for a D-5j permit is two thousand three hundred forty-four
dollars.

(K)(1)
Permit D-5k may be issued to any nonprofit organization that is
exempt from federal income taxation under the "Internal Revenue
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as
amended, that is the owner or operator of a botanical garden
recognized by the American association of botanical gardens and
arboreta, and that has not less than twenty-five hundred bona fide
members.

(2)
The holder of a D-5k permit may sell beer and any intoxicating liquor
at retail, only by the individual drink in glass and from the
container, on the premises where sold.

(3)
In addition to the privileges authorized in this division, the holder
of a D-5k permit may exercise the same privileges, and shall observe
the same hours of operation, as the holder of a D-5 permit.

(4)
A D-5k permit shall not be transferred to another location.

(5)
No quota restrictions shall be placed on the number of D-5k permits
that may be issued.

(6)
The fee for the D-5k permit is one thousand eight hundred
seventy-five dollars.

(L)(1)
Permit D-5l may be issued to the owner or the operator of a retail
food establishment or a food service operation licensed under Chapter
3717. of the Revised Code to sell beer and intoxicating liquor at
retail, only by the individual drink in glass and from the container,
for consumption on the premises where sold and to sell beer and
intoxicating liquor in the same manner and amounts not for
consumption on the premises where sold as may be sold by the holders
of D-1 and D-2 permits. The holder of a D-5l permit may exercise the
same privileges, and shall observe the same hours of operation, as
the holder of a D-5 permit.

(2)
The D-5l permit shall be issued only to a premises to which all of
the following apply:

(a)
The premises has gross annual receipts from the sale of food and
meals that constitute not less than seventy-five per cent of its
total gross annual receipts.

(b)
The premises is located within a revitalization district that is
designated under section 4301.81 of the Revised Code.

(c)
The premises is located in a municipal corporation or township in
which the number of D-5 permits issued equals or exceeds the number
of those permits that may be issued in that municipal corporation or
township under section 4303.29 of the Revised Code.

(d)
The premises meets any of the following qualifications:

(i)
It is located in a county with a population of one hundred
twenty-five thousand or less according to the population estimates
certified by the

department
of

development
services
agency
for
calendar year 2006.

(ii)
It is located in the municipal corporation that has the largest
population in a county when the county has a population between two
hundred fifteen thousand and two hundred twenty-five thousand
according to the population estimates certified by the

department
of

development
services
agency
for
calendar year 2006. Division (L)(2)(d)(ii) of this section applies
only to a municipal corporation that is wholly located in a county.

(iii)
It is located in the municipal corporation that has the largest
population in a county when the county has a population between one
hundred forty thousand and one hundred forty-one thousand according
to the population estimates certified by the

department
of

development
services
agency
for
calendar year 2006. Division (L)(2)(d)(iii) of this section applies
only to a municipal corporation that is wholly located in a county.

(iv)
It is located in a township with a population density of less than
four hundred fifty people per square mile. For purposes of division
(L)(2)(d)(iv) of this section, the population of a township is
considered to be the population shown by the most recent regular
federal decennial census.

(v)
It is located in a municipal corporation that is wholly located
within the geographic boundaries of a township, provided that the
municipal corporation and the unincorporated portion of the township
have a combined population density of less than four hundred fifty
people per square mile. For purposes of division (L)(2)(d)(v) of this
section, the population of a municipal corporation and unincorporated
portion of a township is the population shown by the most recent
federal decennial census.

(vi)
It is located in a county with a population of not less than one
hundred seventy-two thousand and not more than one hundred
ninety-five thousand. For purposes of division (L)(2)(d)(vi) of this
section, the population of a county is the population shown by the
most recent decennial census.

(vii)
It is located in a municipal corporation with a population of less
than ten thousand and the municipal corporation is located in a
county with a population of more than one million. For purposes of
division (L)(2)(d)(vii) of this section, the population of a
municipal corporation and a county is the population shown by the
most recent decennial census.

(3)
The location of a D-5l permit may be transferred only within the
geographic boundaries of the revitalization district in which it was
issued and shall not be transferred outside the geographic boundaries
of that district.

(4)
Not more than one D-5l permit shall be issued within each
revitalization district for each five acres of land located within
the district. Not more than fifteen D-5l permits may be issued within
a single revitalization district. Except as otherwise provided in
division (L)(4) of this section, no quota restrictions shall be
placed upon the number of D-5l permits that may be issued.

(5)
No D-5l permit shall be issued to an adult entertainment
establishment as defined in section 2907.39 of the Revised Code.

(6)
The fee for a D-5l permit is two thousand three hundred forty-four
dollars.

(M)
Permit D-5m may be issued to either the owner or the operator of a
retail food establishment or food service operation licensed under
Chapter 3717. of the Revised Code that operates as a restaurant for
purposes of this chapter and that is located in, or affiliated with,
a center for the preservation of wild animals as defined in section
4301.404 of the Revised Code, to sell beer and any intoxicating
liquor at retail, only by the glass and from the container, for
consumption on the premises where sold, and to sell the same products
in the same manner and amounts not for consumption on the premises as
may be sold by the holders of D-1 and D-2 permits. In addition to the
privileges authorized by this division, the holder of a D-5m permit
may exercise the same privileges, and shall observe the same hours of
operation, as the holder of a D-5 permit.

A
D-5m permit shall not be transferred to another location. No quota
restrictions shall be placed on the number of D-5m permits that may
be issued. The fee for a permit D-5m is two thousand three hundred
forty-four dollars.

(N)
Permit D-5n shall be issued to either a casino operator or a casino
management company licensed under Chapter 3772. of the Revised Code
that operates a casino facility under that chapter, to sell beer and
any intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises where
sold, and to sell the same products in the same manner and amounts
not for consumption on the premises as may be sold by the holders of
D-1 and D-2 permits. In addition to the privileges authorized by this
division, the holder of a D-5n permit may exercise the same
privileges, and shall observe the same hours for beer and
intoxicating liquor sales, as the holder of a D-5 permit. A D-5n
permit shall not be transferred to another location. Only one D-5n
permit may be issued per casino facility and not more than four D-5n
permits shall be issued in this state. The fee for a permit D-5n
shall be twenty thousand dollars. The holder of a D-5n permit may
conduct casino gaming on the permit premises notwithstanding any
provision of the Revised Code or Administrative Code.

(O)
Permit D-5o may be issued to the owner or operator of a retail food
establishment or a food service operation licensed under Chapter
3717. of the Revised Code that operates as a restaurant for purposes
of this chapter and that is located within a casino facility for
which a D-5n permit has been issued. The holder of a D-5o permit may
sell beer and any intoxicating liquor at retail, only by the
individual drink in glass and from the container, for consumption on
the premises where sold, and may sell the same products in the same
manner and amounts not for consumption on the premises where sold as
may be sold by the holders of D-1 and D-2 permits. In addition to the
privileges authorized by this division, the holder of a D-5o permit
may exercise the same privileges, and shall observe the same hours
for beer and intoxicating liquor sales, as the holder of a D-5
permit. A D-5o permit shall not be transferred to another location.
No quota restrictions shall be placed on the number of such permits
that may be issued. The fee for this permit is two thousand three
hundred forty-four dollars.

Sec.
4303.183.
Permit
D-7 may be issued to the holder of any D-2 permit issued by the
division of liquor control, or if there is an insufficient number of
D-2 permit holders to fill the resort quota, to the operator of a
retail food establishment or a food service operation required to be
licensed under Chapter 3717. of the Revised Code that operates as a
restaurant for purposes of this chapter and which qualifies under the
other requirements of this section, to sell beer and any intoxicating
liquor at retail, only by the individual drink in glass and from the
container, for consumption on the premises where sold. Not less than
fifty per cent of the business on the permit premises shall be
preparing and serving meals for a consideration in order to qualify
for and continue to hold such D-7 permit. The permit premises shall
be located in a resort area.

"Resort
area" means a municipal corporation, township, county, or any
combination thereof, which provides entertainment, recreation, and
transient housing facilities specifically intended to provide leisure
time activities for persons other than those whose permanent
residence is within the "resort area" and who increase the
population of the "resort area" on a seasonal basis, and
which experiences seasonal peaks of employment and governmental
services as a direct result of population increase generated by the
transient, recreating public. A resort season shall begin on the
first day of May and end on the last day of October. Notwithstanding
section 4303.27 of the Revised Code, such permits may be issued for
resort seasons without regard to the calendar year or permit year.
Quota restrictions on the number of such permits shall take into
consideration the transient population during the resort season, the
custom and habits of visitors and tourists, and the promotion of the
resort and tourist industry. The fee for this permit is
four
hundred sixty-nine dollars per month
two
thousand eight hundred fourteen dollars
.

Any
suspension of a D-7 permit shall be satisfied during the resort
season in which such suspension becomes final. If such suspension
becomes final during the off-season, or if the period of the
suspension extends beyond the last day of October, the suspension or
remainder thereof shall be satisfied during the next resort season.

The
ownership of a D-7 permit may be transferred from one permit holder
to another. The holder of a D-7 permit may file an application to
transfer such permit to a new location within the same resort area,
provided that such permit holder shall be the owner or operator of a
retail food establishment or a food service operation, required to be
licensed under Chapter 3717. of the Revised Code, that operates as a
restaurant for purposes of this chapter, at such new location.

Sec.
4303.204.
(A)
The division of liquor control may issue an F-4 permit to an
organization or corporation organized not-for-profit in this state to
conduct an event that includes the introduction, showcasing, or
promotion of Ohio wines, if the event has all of the following
characteristics:

(1)
It is coordinated by that organization or corporation, and the
organization or corporation is responsible for the activities at it.

(2)
It has as one of its purposes the intent to introduce, showcase, or
promote Ohio wines to persons who attend it.

(3)
It includes the sale of food for consumption on the premises where
sold.

(4)
It features any combination of at least three A-2 or A-2f permit
holders who sell Ohio wine at it.

(B)
The holder of an F-4 permit may furnish, with or without charge, wine
that it has obtained from the A-2 or A-2f permit holders that are
participating in the event for which the F-4 permit is issued, in
two-ounce samples for consumption on the premises where furnished and
may sell such wine by the glass for consumption on the premises where
sold. The holder of an A-2 or A-2f permit that is participating in
the event for which the F-4 permit is issued may sell wine that it
has manufactured, in sealed containers for consumption off the
premises where sold. Wine may be furnished or sold on the premises of
the event for which the F-4 permit is issued only where and when the
sale of wine is otherwise permitted by law.

(C)
The premises of the event for which the F-4 permit is issued shall be
clearly defined and sufficiently restricted to allow proper
enforcement of the permit by state and local law enforcement
officers. If an F-4 permit is issued for all or a portion of the same
premises for which another class of permit is issued, that permit
holder's privileges will be suspended in that portion of the premises
in which the F-4 permit is in effect.

(D)
No F-4 permit shall be effective for more than seventy-two
consecutive hours. No sales or furnishing of wine shall take place
under an F-4 permit after one a.m.

(E)
The division shall not issue more than six F-4 permits to the same
not-for-profit organization or corporation in any one calendar year.

(F)
An applicant for an F-4 permit shall apply for the permit not later
than thirty days prior to the first day of the event for which the
permit is sought. The application for the permit shall list all of
the A-2 and A-2f permit holders that will participate in the event
for which the F-4 permit is sought. The fee for the F-4 permit is

sixty
dollars per day
one
hundred eighty dollars
.

The
division shall prepare and make available an F-4 permit application
form and may require applicants for and holders of the F-4 permit to
provide information that is in addition to that required by this
section and that is necessary for the administration of this section.

(G)(1)
The holder of an F-4 permit is responsible for, and is subject to
penalties for, any violations of this chapter or Chapter 4301. of the
Revised Code or the rules adopted under this and that chapter.

(2)
An F-4 permit holder shall not allow an A-2 or A-2f permit holder to
participate in the event for which the F-4 permit is issued if the
A-2 or A-2f or the A-1-A permit of that A-2 or A-2f permit holder is
under suspension.

(3)
The division may refuse to issue an F-4 permit to an applicant who
has violated any provision of this chapter or Chapter 4301. of the
Revised Code during the applicant's previous operation under an F-4
permit, for a period of up to two years after the date of the
violation.

(H)(1)
Notwithstanding division (D) of section 4301.22 of the Revised Code,
an A-2 or A-2f permit holder that participates in an event for which
an F-4 permit is issued may donate wine that it has manufactured to
the holder of that F-4 permit. The holder of an F-4 permit may return
unused and sealed containers of wine to the A-2 or A-2f permit holder
that donated the wine at the conclusion of the event for which the
F-4 permit was issued.

(2)
The participation by an A-2 or A-2f permit holder or its employees in
an event for which an F-4 permit is issued does not violate section
4301.24 of the Revised Code.

Sec.
4303.2011.
(A)
As used in this section, "nonprofit organization" means a
corporation, association, group, institution, society, or other
organization that:

(1)
Is exempt from federal income taxation;

(2)
Has a membership of two hundred fifty or more persons.

(B)
The division of liquor control may issue an F-11 permit to a
nonprofit organization to conduct an event if the event has all of
the following characteristics:

(1)
The event is coordinated by the nonprofit organization and the
nonprofit organization is responsible for the activities at the
event.

(2)
One of the event's purposes is the introduction, showcasing, or
promotion of craft beers manufactured in this state.

(3)
The event includes the sale of food for consumption on the premises
where sold.

(4)
The event features at least twenty A-1c permit holders, who are
members of the nonprofit organization that has organized the event,
as participants. The nonprofit organization may allow any number of
A-1 permit holders to participate in the event.

(C)
An F-11 permit holder may sell, at the event, beer that it has
purchased from the A-1 or A-1c permit holders that are participating
in the event or from the participating A-1 or A-1c permit holder's
assigned B-1 permit holder. The F-11 permit holder may sell the beer
in four-ounce samples or in containers not exceeding sixteen ounces
for consumption on the premises where sold.

The
F-11 permit holder may sell beer on the F-11 permit premises only
where and when the sale of beer is otherwise permitted by law.

(D)
The F-11 permit holder shall clearly define and sufficiently restrict
the premises of the event to allow proper enforcement of the permit
by state and local law enforcement officers. If an F-11 permit is
issued for all or a portion of the same premises for which another
class of permit is issued, that permit holder's privileges are
suspended in that portion of the premises in which the F-11 permit is
in effect.

(E)(1)
No F-11 permit is effective for more than seventy-two consecutive
hours. However, for purposes of an exposition at the state
fairgrounds, an F-11 permit is effective for the duration of the
exposition.

(2)
No sales of beer shall take place under an F-11 permit after one a.m.

(F)
The division shall not issue more than six F-11 permits to the same
nonprofit organization in any one calendar year.

(G)
An applicant for an F-11 permit shall apply for the permit not later
than thirty days prior to the first day of the event for which the
permit is sought. In the application, the applicant shall list all of
the A-1 and A-1c permit holders that will participate in the event.
The fee for the F-11 permit is
sixty
dollars for each day of the event
one
hundred eighty dollars
.

The
division shall prepare and make available an F-11 permit application
form and may require applicants for and holders of the F-11 permit to
provide information that is in addition to that required by this
section and that is necessary for the administration of this section.

(H)(1)
An F-11 permit holder is responsible, and is subject to penalties,
for any violations of this chapter or Chapter 4301. of the Revised
Code that occur during the event.

(2)
An F-11 permit holder shall not allow an A-1 or A-1c permit holder to
participate in the event if the A-1 or A-1c permit or, if applicable,
the A-1-A permit of that A-1 or A-1c permit holder is under
suspension.

(3)
The division may refuse to issue an F-11 permit to an applicant if
both of the following apply:

(a)
The applicant has pleaded guilty to or has been convicted of
violating this chapter or Chapter 4301. of the Revised Code while
operating under a previously issued F-11 permit.

(b)
The violation occurred within the two years preceding the filing of
the new F-11 permit application.

(I)
Notwithstanding any provision of section 4301.24 of the Revised Code
or any rule adopted by the liquor control commission to the contrary,
employees of an A-1 or A-1c permit holder or B-1 permit holder, or
employees or agents of a B-1 permit holder may assist an F-11 permit
holder in serving beer at an event for which an F-11 permit is
issued.

Sec.
4303.233.
(A)
As used in this section, "personal consumer" means an
individual who is at least twenty-one years of age, is a resident of
this state, does not hold a permit issued under this chapter, and
intends to use wine purchased in accordance with this section for
personal consumption only and not for resale or other commercial
purposes.

(B)(1)
The division of liquor control may issue an S-2 permit to a person
that manufactures two hundred fifty thousand gallons or more of wine
per year. If the person resides outside this state, the person shall
comply with the requirements governing the issuance of licenses or
permits that authorize the sale of beer or intoxicating liquor by the
appropriate authority of the state in which the person resides and by
the alcohol and tobacco tax and trade bureau of the United States
department of the treasury.

(2)
An S-2 permit holder may sell wine to a personal consumer by
receiving and filling orders that the personal consumer submits to
the permit holder. The permit holder shall sell only wine that the
permit holder has manufactured to a personal consumer. An S-2 permit
holder may use a fulfillment warehouse registered under section
4303.234 of the Revised Code to send a shipment of wine to a personal
consumer. A fulfillment warehouse is an agent of an S-2 permit holder
and an S-2 permit holder is liable for violations of this chapter and
Chapter 4301. of the Revised Code that are committed by the
fulfillment warehouse regarding wine shipped on behalf of the S-2
permit holder.

(C)
An S-2 permit holder shall collect and pay the taxes relating to the
delivery of wine to a personal consumer that are levied under
sections 4301.421, 4301.43, and 4301.432 and Chapters 5739. and 5741.
of the Revised Code.

(D)(1)
An S-2 permit holder shall send a shipment of wine that has been paid
for by a personal consumer to that personal consumer via an H permit
holder. Prior to sending a shipment of wine to a personal consumer,
the S-2 permit holder, or an employee of the permit holder, shall
make a bona fide effort to ensure that the personal consumer is at
least twenty-one years of age. The shipment of wine shall be shipped
in a package that clearly states that it contains alcohol. No person
shall fail to comply with division (D)(1) of this section.

(2)
Upon delivering a shipment of wine to a personal consumer, an H
permit holder, or an employee of the permit holder, shall verify that
the personal consumer is at least twenty-one years of age by checking
the personal consumer's driver's or commercial driver's license or
identification card issued under sections 4507.50 to 4507.52 of the
Revised Code.

(3)
An S-2 permit holder shall keep a record of each shipment of wine
that the permit holder sends to a personal consumer. The records
shall be used for all of the following:

(a)
To provide a copy of each wine shipment invoice to the tax
commissioner in a manner prescribed by the commissioner. The invoice
shall include the name of each personal consumer that purchased wine
from the S-2 permit holder in accordance with this section and any
other information required by the tax commissioner.

(b)
To provide annually in electronic format by electronic means a report
to the division. The report shall include the name and address of
each personal consumer that purchased wine from the S-2 permit holder
in accordance with this section, the quantity of wine purchased by
each personal consumer, and any other information requested by the
division. If the S-2 permit holder uses a fulfillment warehouse
registered under section 4303.234 of the Revised Code to send a
shipment of wine on behalf of the S-2 permit holder, the S-2 permit
holder need not include the personal consumer information for that
shipment in the report. The division shall prescribe and provide an
electronic form for the report and shall determine the specific
electronic means that the S-2 permit holder must use to submit the
report.

(c)
To notify a personal consumer of any health or welfare recalls of the
wine that has been purchased by the personal consumer.

(E)
An S-2 permit holder shall comply with this chapter, Chapter 4301. of
the Revised Code, and any rules adopted by the liquor control
commission under section 4301.03 of the Revised Code.

(F)(1)
An S-2 permit holder shall renew the permit in accordance with
section 4303.271 of the Revised Code, except that the renewal shall
not be subject to the notice and hearing requirements established in
division (B) of that section.

(2)
The division may refuse to renew an S-2 permit for any of the reasons
specified in section 4303.292 of the Revised Code or if the permit
holder fails to do any of the following:

(a)
Collect and pay all applicable taxes specified in division (C) of
this section;

(b)
Pay the permit fee;

(c)
Comply with this section or any rules adopted by the liquor control
commission under section 4301.03 of the Revised Code.

(G)
The
initial

fee
for the S-2 permit is two hundred fifty dollars.
The
renewal fee for the S-2 permit is one hundred dollars.

Sec.
4305.131.
(A)
If any permit holder fails to pay the taxes levied by section
4301.42, 4301.43, 4301.432, or 4305.01 of the Revised Code in the
manner prescribed by section 4303.33 of the Revised Code, or by
section 4301.421 or 4301.424 of the Revised Code in the manner
prescribed in section 4301.422 of the Revised Code, and by the rules
of the tax commissioner, the commissioner may make an assessment
against the permit holder based upon any information in the
commissioner's possession.

No
assessment shall be made against any permit holder for any taxes
imposed by section 4301.42, 4301.421, 4301.424, 4301.43, 4301.432, or
4305.01 of the Revised Code more than three years after the last day
of the calendar month in which the sale was made or more than three
years after the return for that period is filed, whichever is later.
This section does not bar an assessment against any permit holder or
registrant as provided in section 4303.331 of the Revised Code who
fails to file a return as required by section 4301.422 or 4303.33 of
the Revised Code, or who files a fraudulent return.

A
penalty of up to thirty per cent may be added to the amount of every
assessment made under this section. The commissioner may adopt rules
providing for the imposition and remission of penalties added to
assessments made under this section.

The
commissioner shall give the party assessed written notice of the
assessment in the manner provided in section 5703.37 of the Revised
Code. With the notice, the commissioner shall provide instructions on
how to petition for reassessment and request a hearing on the
petition.

(B)
Unless the party assessed files with the tax commissioner within
sixty days after service of the notice of assessment
,
either personally or by certified mail,

a written petition for reassessment, signed by the party assessed or
that party's authorized agent having knowledge of the facts, the
assessment becomes final and the amount of the assessment is due and
payable from the party assessed to the treasurer of state. The
petition shall indicate the objections of the party assessed, but
additional objections may be raised in writing if received by the
commissioner prior to the date shown on the final determination. If
the petition has been properly filed, the commissioner shall proceed
under section 5703.60 of the Revised Code.

(C)
After an assessment becomes final, if any portion of the assessment
remains unpaid, including accrued interest, a certified copy of the
tax commissioner's entry making the assessment final may be filed in
the office of the clerk of the court of common pleas in the county in
which the permit holder's place of business is located or the county
in which the party assessed resides. If the party assessed maintains
no place of business in this state and is not a resident of this
state, the certified copy of the entry may be filed in the office of
the clerk of the court of common pleas of Franklin county.

Immediately
upon the filing of the entry, the clerk shall enter a judgment for
the state against the party assessed in the amount shown on the
entry. The judgment may be filed by the clerk in a loose-leaf book
entitled "special judgments for state beer and liquor sales
taxes," and shall have the same effect as other judgments.
Execution shall issue upon the judgment upon the request of the
commissioner, and all laws applicable to sales on execution shall
apply to sales made under the judgment, except as otherwise provided
in this chapter and Chapters 4301. and 4307. of the Revised Code.

If
the assessment is not paid in its entirety within sixty days after
the day the assessment was issued, the portion of the assessment
consisting of tax due shall bear interest at the rate per annum
prescribed by section 5703.47 of the Revised Code from the day the
commissioner issues the assessment until it is paid or until it is
certified to the attorney general for collection under section 131.02
of the Revised Code, whichever comes first. If the unpaid portion of
the assessment is certified to the attorney general for collection,
the entire unpaid portion of the assessment shall bear interest at
the rate per annum prescribed by section 5703.47 of the Revised Code
from the date of certification until the date it is paid in its
entirety. Interest shall be paid in the same manner as the tax and
may be collected by the issuance of an assessment under this section.

(D)
All money collected under this section shall be considered as revenue
arising from the taxes imposed by sections 4301.42, 4301.421,
4301.424, 4301.43, 4301.432, and 4305.01 of the Revised Code.

Sec.
4501.027.
(A)

Notwithstanding
any provision of law to the contrary, the registrar of motor vehicles
may conduct
,

or authorize a deputy registrar to conduct
,

any service or transaction authorized or required by law in an
electronic or online format rather than in person. The registrar or
deputy registrar
also
may accept electronically any documents required to accompany such
service or transaction or any documents approved by the registrar for
electronic or online submission and acceptance.

(B)
The registrar or deputy registrar
shall
charge the same amount for the electronic or online service or
transaction as the registrar or deputy registrar charges for the
associated in-person transaction. The registrar or deputy registrar
may accept payment for any such service or transaction by a financial
transaction device. The registrar or deputy registrar may charge a
person who tenders payment for an online service or transaction by
means of a financial transaction device any costs the registrar or
deputy registrar incurs from accepting payment by the financial
transaction device.

Sec.
4501.21.
(A)
There is hereby created in the state treasury the license plate
contribution fund. The fund shall consist of all contributions for
specialty license plates paid by motor vehicle registrants and
collected by the registrar of motor vehicles pursuant to the Revised
Code sections referenced in division (B) of this section.

(B)
The registrar shall pay the contributions the registrar collects in
the fund as follows:

The
registrar shall pay the contributions received pursuant to section
4503.491 of the Revised Code to the breast cancer fund of Ohio, which
shall use that money only to pay for programs that provide assistance
and education to Ohio breast cancer patients and that improve access
for such patients to quality health care and clinical trials and
shall not use any of the money for abortion information, counseling,
services, or other abortion-related activities.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.492 of the Revised Code to the organization cancer
support community central Ohio, which shall deposit the money into
the Sheryl L. Kraner Fund of that organization. Cancer support
community central Ohio shall expend the money it receives pursuant to
this division only in the same manner and for the same purposes as
that organization expends other money in that fund.

The
registrar shall pay the contributions received pursuant to section
4503.493 of the Revised Code to the autism society of Ohio, which
shall use the contributions for programs and autism awareness efforts
throughout the state.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.494 of the Revised Code to the national multiple
sclerosis society for distribution in equal amounts to the
northwestern Ohio, Ohio buckeye, and Ohio valley chapters of the
national multiple sclerosis society. These chapters shall use the
money they receive under this section to assist in paying the
expenses they incur in providing services directly to their clients.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.495 of the Revised Code to the national pancreatic
cancer foundation, which shall use the money it receives under this
section to assist those who have pancreatic cancer and their
families.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.496 of the Revised Code to the Ohio sickle cell and
health association, which shall use the contributions to help support
educational, clinical, and social support services for adults who
have sickle cell disease.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.497 of the Revised Code to the St. Baldrick's
foundation, which shall use the contributions for its research and
other programs.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.498 of the Revised Code to special olympics Ohio,
inc., which shall use the contributions for its programs, charitable
efforts, and other activities.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.499 of the Revised Code to the children's glioma
cancer foundation, which shall use the contributions for its research
and other programs.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.4910 of the Revised Code to the KylerStrong
foundation, which shall use the contributions to raise awareness of
brain cancer caused by diffuse intrinsic pontine glioma and to fund
research for the cure of such cancer.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.4911 of the Revised Code to the research institution
for childhood cancer at nationwide children's hospital, which shall
use the contributions to fund research for the cure of childhood
cancers.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.4912 of the Revised Code to the Ben Morrison memorial
fund, which shall use the contributions for scholarships and other
programs that support mental health.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.50 of the Revised Code to the future farmers of
America foundation, which shall deposit the contributions into its
general account to be used for educational and scholarship purposes
of the future farmers of America foundation.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.501 of the Revised Code to the 4-H youth development
program of the Ohio state university extension program, which shall
use those contributions to pay the expenses it incurs in conducting
its educational activities.

The
registrar shall pay the contributions received pursuant to section
4503.502 of the Revised Code to the Ohio cattlemen's foundation,
which shall use those contributions for scholarships and other
educational activities.

The
registrar shall pay the contributions received pursuant to section
4503.505 of the Revised Code to the organization Ohio region phi
theta kappa, which shall use those contributions for scholarships for
students who are members of that organization.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.506 of the Revised Code to Ohio demolay, which shall
use the contributions for scholarships, educational programs, and any
other programs or events the organization holds or sponsors in this
state.

The
registrar shall pay the contributions received pursuant to section
4503.507 of the Revised Code to the Ohio aerospace institute, which
shall use those contributions to facilitate student internships in
aerospace and educational programming.

The
registrar shall pay the contributions received pursuant to section
4503.508 of the Revised Code to the organization bottoms up diaper
drive to provide funding for that organization for collecting and
delivering diapers to parents in need.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.509 of the Revised Code to a kid again, incorporated
for distribution in equal amounts to the Ohio chapters of a kid
again.

The
registrar shall pay each contribution the registrar receives pursuant
to section 4503.51 of the Revised Code to the university or college
whose name or marking or design appears on collegiate license plates
that are issued to a person under that section. A university or
college that receives contributions from the fund shall deposit the
contributions into its general scholarship fund.

The
registrar shall pay each contribution the registrar receives pursuant
to section 4503.512 of the Revised Code to the Iota Phi Theta
Fraternity, Incorporated Delta Theta Omega chapter in Ohio. The Iota
Phi Theta Fraternity, Incorporated Delta Theta Omega chapter shall
use the contributions for the development and perpetuation of
scholarship, leadership, citizenship, fidelity, and brotherhood among
men and youth in this state.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.514 of the Revised Code to the university of Notre
Dame in South Bend, Indiana, for purposes of awarding grants or
scholarships to residents of Ohio who attend the university. The
university shall not use any of the funds it receives for purposes of
administering the scholarship program. The registrar shall enter into
appropriate agreements with the university of Notre Dame to
effectuate the distribution of such funds as provided in this
section.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.516 of the Revised Code to Marshall university in
Huntington, West Virginia, for purposes of awarding grants or
scholarships to residents of Ohio who attend the university. The
university shall not use any of the funds it receives for purposes of
administering the scholarship program. The registrar shall enter into
appropriate agreements with Marshall university to effectuate the
distribution of such funds as provided in this section.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.517 of the Revised Code to the university of Alabama
in Tuscaloosa, Alabama, for purposes of awarding grants or
scholarships to residents of Ohio who attend the university. The
university shall not use any of the funds it receives for purposes of
administering the scholarship program. The registrar shall enter into
appropriate agreements with the university of Alabama to effectuate
the distribution of such funds as provided in this section.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.518 of the Revised Code to the Nationwide children's
hospital, which shall use the contributions for the "On Our
Sleeves" campaign.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.519 of the Revised Code equally to NAMI Ohio
(national alliance on mental illness of Ohio), Ohio peer recovery
organizations, and OCAAR (Ohio citizen advocates for addiction
recovery).

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.520 of the Revised Code to Purdue university in West
Lafayette, Indiana, for purposes of awarding grants or scholarships
to residents of Ohio who attend the university. The university shall
not use any of the funds it receives for purposes of administering
the scholarship program. The registrar shall enter into appropriate
agreements with Purdue university to effectuate the distribution of
such funds as provided in this section.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.521 of the Revised Code to the Ohio bicycle
federation to assist that organization in paying for the educational
programs it sponsors in support of Ohio cyclists of all ages.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.522 of the Revised Code to the "friends of
Perry's victory and international peace memorial, incorporated,"
a nonprofit corporation organized under the laws of this state, to
assist that organization in paying the expenses it incurs in
sponsoring or holding charitable, educational, and cultural events at
the monument.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.523 of the Revised Code to the fairport lights
foundation, which shall use the money to pay for the restoration,
maintenance, and preservation of the lighthouses of fairport harbor.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.524 of the Revised Code to the Massillon tiger
football booster club, which shall use the contributions only to
promote and support the football team of Washington high school of
the Massillon city school district.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.525 of the Revised Code to the United States power
squadron district seven which shall annually distribute the
contributions in equal amounts to all United States power squadrons
located in the state. Each power squadron district shall use the
money it receives under this section to pay for the educational
boating programs each district holds or sponsors within this state.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.526 of the Revised Code to the Ohio district Kiwanis
foundation of the Ohio district of Kiwanis international, which shall
use the money it receives under this section to pay the costs of its
educational and humanitarian activities.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.528 of the Revised Code to the Ohio children's
alliance, which shall use the money it receives under this section to
pay the expenses it incurs in advancing its mission of sustainably
improving the provision of services to children, young adults, and
families in this state.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.529 of the Revised Code to the Ohio nurses
foundation. The foundation shall use the money it receives under this
section to provide educational scholarships to assist individuals who
aspire to join the nursing profession, to assist nurses in the
nursing profession who seek to advance their education, and to
support persons conducting nursing research concerning the
evidence-based practice of nursing and the improvement of patient
outcomes.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.53 of the Revised Code to the Indiana Kentucky Ohio
regional council of carpenters. The council shall use the money it
receives to assist its members who are experiencing financial
hardship.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.531 of the Revised Code to the thank you foundation,
incorporated, a nonprofit corporation organized under the laws of
this state, to assist that organization in paying for the charitable
activities and programs it sponsors in support of United States
military personnel, veterans, and their families.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.532 of the Revised Code to the Ohio history
connection, which shall use the contributions for the benefit of the
Paul Laurence Dunbar house.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.533 of the Revised Code to the nonprofit organization
Ohio conference of teamsters and industry health and welfare fund,
which shall use the contributions to further the nonprofit's mission.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.534 of the Revised Code to the disabled American
veterans department of Ohio, to be used for programs that serve
disabled American veterans and their families.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.536 of the Revised Code to save a warrior,
incorporated, which shall use the contributions to prevent suicide by
active members of the armed forces of the United States, veterans of
those armed forces, and first responders.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.542 of the Revised Code to the Ohio craft brewers
association.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.541 of the Revised Code to Dolly Parton's imagination
library of Ohio. The library shall use the money it receives under
this section for operational costs, including the distribution of
books.

The
registrar shall pay the contributions that are paid to the registrar
pursuant to section 4503.545 of the Revised Code to the national
rifle association foundation, which shall use the money to pay the
costs of the educational activities and programs the foundation holds
or sponsors in this state.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.55 of the Revised Code to the pro football hall of
fame, which shall deposit the contributions into a special bank
account that it establishes and which shall be separate and distinct
from any other account the pro football hall of fame maintains, to be
used exclusively for the purpose of promoting the pro football hall
of fame as a travel destination.

The
registrar shall pay to the Ohio pet fund the contributions the
registrar receives pursuant to section 4503.551 of the Revised Code
and any other money from any other source, including donations,
gifts, and grants, that is designated by the source to be paid to the
Ohio pet fund. The Ohio pet fund shall use the moneys it receives
under this section to support programs for the sterilization of dogs
and cats and for educational programs concerning the proper
veterinary care of those animals, and for expenses of the Ohio pet
fund that are reasonably necessary for it to obtain and maintain its
tax-exempt status and to perform its duties.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.552 of the Revised Code to the rock and roll hall of
fame and museum, incorporated.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.553 of the Revised Code to the Ohio coalition for
animals, incorporated, a nonprofit corporation. Except as provided in
division (B) of this section, the coalition shall distribute the
money to its members, and the members shall use the money only to pay
for educational, charitable, and other programs of each coalition
member that provide care for unwanted, abused, and neglected horses.
The Ohio coalition for animals may use a portion of the money to pay
for reasonable marketing costs incurred in the design and promotion
of the license plate and for administrative costs incurred in the
disbursement and management of funds received under this section.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.554 of the Revised Code to the Ohio state council of
the knights of Columbus, which shall use the contributions to pay for
its charitable activities and programs.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.555 of the Revised Code to the western reserve
historical society, which shall use the contributions to fund the
Crawford auto aviation museum.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.556 of the Revised Code to the Erica J. Holloman
foundation, inc., for the awareness of triple negative breast cancer.
The foundation shall use the contributions for charitable and
educational purposes.

The
registrar shall pay each contribution the registrar receives pursuant
to section 4503.557 of the Revised Code to the central Ohio chapter
of the Ronald McDonald house charities, which shall distribute the
contribution to the chapter of the Ronald McDonald house charities in
whose geographic territory the person who paid the contribution
resides.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.559 of the Revised Code to playhouse square, located
in Cleveland, Ohio, which shall use the contributions to further its
mission of presenting and producing a wide variety of quality
performing arts, advancing arts education, and creating a superior
destination for entertainment, business, and residential living.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.561 of the Revised Code to the state of Ohio chapter
of ducks unlimited, inc., which shall deposit the contributions into
a special bank account that it establishes. The special bank account
shall be separate and distinct from any other account the state of
Ohio chapter of ducks unlimited, inc., maintains and shall be used
exclusively for the purpose of protecting, enhancing, restoring, and
managing wetlands and conserving wildlife habitat. The state of Ohio
chapter of ducks unlimited, inc., annually shall notify the registrar
in writing of the name, address, and account to which such payments
are to be made.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.562 of the Revised Code to the Mahoning river
consortium, which shall use the money to pay the expenses it incurs
in restoring and maintaining the Mahoning river watershed.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.564 of the Revised Code to the Glen Helen association
to pay expenses related to the Glen Helen nature preserve.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.565 of the Revised Code to the conservancy for
Cuyahoga valley national park, which shall use the money in support
of the park.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.566 of the Revised Code to the Ottawa national
wildlife refuge, which shall use the contributions for wildlife
preservation purposes.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.567 of the Revised Code to the girls on the run of
Franklin county, inc., which shall use the contributions to support
the activities of the organization.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.569 of the Revised Code to the Ohio bird sanctuary,
located in Mansfield, Ohio, which shall use the contributions for
purposes of its operations, bird care and rehabilitation, and
educational programs.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.576 of the Revised Code to the Ohio state beekeepers
association, which shall use those contributions to promote
beekeeping, provide educational information about beekeeping, and to
support other state and local beekeeping programs.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.577 of the Revised Code to the national aviation hall
of fame, which shall use the contributions to fulfill its mission of
honoring aerospace legends to inspire future leaders.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.578 of the Revised Code to keep Ohio beautiful,
incorporated, which shall use the contributions towards its mission
of empowering Ohio communities to take greater responsibility for
improving the local environment through litter prevention,
beautification, community greening, waste reduction, and recycling.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.579 of the Revised Code to the
national

Ohio
state coalition-national
council
of negro women, incorporated, which shall use the contributions for
educational purposes.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.581 of the Revised Code to the Ohio past detachment
commander's club, inc., which shall use the contributions to support
the activities of the organization.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.582 of the Revised Code to the progressive animal
welfare society adoption center, inc., which shall use the
contributions to support the activities of the center.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.583 of the Revised Code to the American legion,
department of Ohio, inc., which shall use the contributions to
support the activities of the organization.

The
registrar shall pay the contributions the registrar receives
,
or has received,

pursuant to section 4503.584 of the Revised Code to the Ohio natural
energy foundation to fund scholarships for students pursuing careers
in the oil and natural gas industry.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.585 of the Revised Code to the Terrace Park
recreation committee, inc. to offer scholarships to young athletes
of, and maintain athletic facilities in, the municipal corporation of
Terrace Park.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.586 of the Revised Code to the Ohio mountain bike
alliance.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.588 of the Revised Code to the Ohio grange patrons of
husbandry foundation, which shall use the contributions to support
the activities of the organization.

The
registrar shall pay to a sports commission created pursuant to
section 4503.591 of the Revised Code each contribution the registrar
receives under that section that an applicant pays to obtain license
plates that bear the logo of a professional sports team located in
the county of that sports commission and that is participating in the
license plate program pursuant to division (E) of that section,
irrespective of the county of residence of an applicant.

The
registrar shall pay to a community charity each contribution the
registrar receives under section 4503.591 of the Revised Code that an
applicant pays to obtain license plates that bear the logo of a
professional sports team that is participating in the license plate
program pursuant to division (G) of that section.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.592 of the Revised Code to pollinator partnership's
monarch wings across Ohio program, which shall use the contributions
for the protection and preservation of the monarch butterfly and
pollinator corridor in Ohio and for educational programs.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.594 of the Revised Code to pelotonia, which shall use
the contributions for the purpose of supporting cancer research.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.595 of the Revised Code to the Stan Hywet hall and
gardens.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.596 of the Revised Code to the Cuyahoga valley scenic
railroad.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.597 of the Revised Code to the Circleville pumpkin
show, incorporated, which shall use the contributions to promote good
will surrounding the Circleville pumpkin show as a nonprofit annual
event.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.598 of the Revised Code equally to the Jackson local
schools foundation and the Jackson high school alumni association.
The foundation and alumni association shall use the contributions for
the foundation's and alumni association's purposes.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.67 of the Revised Code to the Dan Beard council of
the boy scouts of America. The council shall distribute all
contributions in an equitable manner throughout the state to regional
councils of the boy scouts.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.68 of the Revised Code to the girl scouts of Ohio's
heartland. The girl scouts of Ohio's heartland shall distribute all
contributions in an equitable manner throughout the state to regional
councils of the girl scouts.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.69 of the Revised Code to the Dan Beard council of
the boy scouts of America. The council shall distribute all
contributions in an equitable manner throughout the state to regional
councils of the boy scouts.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.70 of the Revised Code to the charitable foundation
of the grand lodge of Ohio, f. & a. m., which shall use the
contributions for scholarship purposes.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.701 of the Revised Code to the Prince Hall grand
lodge of free and accepted masons of Ohio, which shall use the
contributions for scholarship purposes.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.702 of the Revised Code to the Ohio Association of
the Improved Benevolent and Protective Order of the Elks of the
World, which shall use the funds for charitable purposes.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.703 of the Revised Code to the Ohio state moose
association.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.704 of the Revised Code to the Antioch shrine
foundation located in the municipal corporation of Dayton.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.71 of the Revised Code to the fraternal order of
police of Ohio, incorporated, which shall deposit the fees into its
general account to be used for purposes of the fraternal order of
police of Ohio, incorporated.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.711 of the Revised Code to the fraternal order of
police of Ohio, incorporated, which shall deposit the contributions
into an account that it creates to be used for the purpose of
advancing and protecting the law enforcement profession, promoting
improved law enforcement methods, and teaching respect for law and
order.

The
registrar shall pay the contributions received pursuant to section
4503.712 of the Revised Code to Ohio concerns of police survivors,
which shall use those contributions to provide whatever assistance
may be appropriate to the families of Ohio law enforcement officers
who are killed in the line of duty.

The
registrar shall pay the contributions received pursuant to section
4503.713 of the Revised Code to the greater Cleveland peace officers
memorial society, which shall use those contributions to honor law
enforcement officers who have died in the line of duty and support
its charitable purposes.

The
registrar shall pay the contributions received pursuant to section
4503.714 of the Revised Code to the Ohio association of chiefs of
police.

The
registrar shall pay the contributions the registrar receives, or has
received, pursuant to section 4503.715 of the Revised Code to the
community foundation of Ohio's electric cooperatives, which shall use
the contributions to recognize and memorialize fallen or injured
lineworkers and support their families.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.716 of the Revised Code to the fallen timbers
battlefield preservation commission, which shall use the
contributions to further the mission of the commission.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.72 of the Revised Code to the organization known on
March 31, 2003, as the Ohio CASA/GAL association, a private,
nonprofit corporation organized under Chapter 1702. of the Revised
Code. The Ohio CASA/GAL association shall use these contributions to
pay the expenses it incurs in administering a program to secure the
proper representation in the courts of this state of abused,
neglected, and dependent children, and for the training and
supervision of persons participating in that program.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.722 of the Revised Code to the Down Syndrome
Association of Central Ohio, which shall use the contributions for
advocacy purposes throughout the state.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.724 of the Revised Code to the Ohio Chapter of the
American Foundation for Suicide Prevention, which shall use the
contributions for programs, education, and advocacy purposes
throughout the state.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.726 of the Revised Code to the Ohio suicide
prevention foundation, which shall use the contributions for suicide
prevention programs, education, and advocacy.

The
registrar shall pay the contributions the registrar receives, or has
received, pursuant to section 4503.725 of the Revised Code to the ALS
united Ohio, incorporated, which shall split the contributions
between that organization and the ALS association in accordance with
any agreement between the two organizations. The contributions shall
be used to discover treatments and a cure for ALS, and to serve,
advocate for, and empower people affected by ALS to live their lives
to the fullest.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.73 of the Revised Code to Wright B. Flyer,
incorporated, which shall deposit the contributions into its general
account to be used for purposes of Wright B. Flyer, incorporated.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.732 of the Revised Code to the Siegel Shuster
society, a nonprofit organization dedicated to commemorating and
celebrating the creation of Superman in Cleveland, Ohio.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.733 of the Revised Code to the central Ohio chapter
of the juvenile diabetes research foundation, which shall distribute
the contributions to the chapters of the juvenile diabetes research
foundation in whose geographic territory the person who paid the
contribution resides.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.734 of the Revised Code to the Ohio highway patrol
auxiliary foundation, which shall use the contributions to fulfill
the foundation's mission of supporting law enforcement education and
assistance.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.735 of the Revised Code to the
heart4seniors/healthcare evolution alert response technology
foundation, inc., which shall use the contributions for purposes of
the foundation's mission.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.74 of the Revised Code to the Columbus zoological
park association, which shall disburse the moneys to Ohio's major
metropolitan zoos, as defined in section 4503.74 of the Revised Code,
in accordance with a written agreement entered into by the major
metropolitan zoos.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.741 of the Revised Code to the Ohio house rabbit
rescue, which shall use the contributions for its rescue, adoption,
and educational programs.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.75 of the Revised Code to the rotary foundation,
located on March 31, 2003, in Evanston, Illinois, to be placed in a
fund known as the permanent fund and used to endow educational and
humanitarian programs of the rotary foundation.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.751 of the Revised Code to the Ohio association of
realtors, which shall deposit the contributions into a property
disaster relief fund maintained under the Ohio realtors charitable
and education foundation.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.752 of the Revised Code to buckeye corvettes,
incorporated, which shall use the contributions to pay for its
charitable activities and programs.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.754 of the Revised Code to the municipal corporation
of Twinsburg.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.755 of the Revised Code to the little brown jug
society to assist the society in maintaining, promulgating, and
operating the little brown jug as part of Ohio's rich harness racing
history.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.763 of the Revised Code to the Ohio history
connection to be used solely to build, support, and maintain the Ohio
battleflag collection within the Ohio history connection.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.764 of the Revised Code to the Medina county
historical society, which shall use those contributions to distribute
between the various historical societies and museums in Medina
county.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.765 of the Revised Code to the Amaranth grand chapter
foundation, which shall use the contributions for communal outreach,
charitable service, and scholarship purposes.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.766 of the Revised Code to the Ohio society daughters
of the American revolution, which shall deposit the contributions
into its general account to be used for continuing the organization's
endeavors in service, historic preservation, education, and
patriotism.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.767 of the Revised Code to folds of honor of central
Ohio, which shall use the contributions to provide scholarships to
spouses and children either of disabled veterans or of members of any
branch of the armed forces who died during their service.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.85 of the Revised Code to the Ohio sea grant college
program to be used for Lake Erie area research projects.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.851 of the Revised Code to West Virginia university
in Morgantown, West Virginia for purposes of awarding grants or
scholarships to residents of Ohio who attend the university. The
university shall not use any of the funds it receives for purposes of
administering the scholarship program. The registrar shall enter into
appropriate agreements with West Virginia university to effectuate
the distribution of such funds as provided in this section.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.86 of the Revised Code to the Ohio Lincoln highway
historic byway, which shall use those contributions solely to promote
and support the historical preservation and advertisement of the
Lincoln highway in this state.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.87 of the Revised Code to the Grove City little
league dream field fund, which shall use those contributions solely
to build, maintain, and improve youth baseball fields within the
municipal corporation of Grove City.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.871 of the Revised Code to the Solon city school
district. The school district shall use the contributions it receives
to pay the expenses it incurs in providing services to the school
district's students that assist in developing or maintaining the
mental and emotional well-being of the students. The services
provided may include bereavement counseling, instruction in defensive
driving techniques, sensitivity training, and the counseling and
education of students regarding bullying, dating violence, drug
abuse, suicide prevention, and human trafficking. The school district
superintendent or, in the school district superintendent's
discretion, the appropriate school principal or appropriate school
counselors shall determine any charitable organizations that the
school district hires to provide those services. The school district
also may use the contributions it receives to pay for members of the
faculty of the school district to receive training in providing such
services to the students of the school district. The school district
shall ensure that any charitable organization that is hired by the
district is exempt from federal income taxation under subsection
501(c)(3) of the Internal Revenue Code. The school district shall not
use the contributions it receives for any other purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.872 of the Revised Code to the Canton city school
district. The district may use the contributions for student welfare,
but shall not use the contributions for any political purpose or to
pay salaries of district employees.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.873 of the Revised Code to Padua Franciscan high
school located in the municipal corporation of Parma. The school
shall use fifty per cent of the contributions it receives to provide
tuition assistance to its students. The school shall use the
remaining fifty per cent to pay the expenses it incurs in providing
services to the school's students that assist in developing or
maintaining the mental and emotional well-being of the students. The
services provided may include bereavement counseling, instruction in
defensive driving techniques, sensitivity training, and the
counseling and education of students regarding bullying, dating
violence, drug abuse, suicide prevention, and human trafficking. As a
part of providing such services, the school may pay for members of
the faculty of the school to receive training in providing those
services. The school principal or, in the school principal's
discretion, appropriate school counselors shall determine any
charitable organizations that the school hires to provide those
services. The school shall ensure that any such charitable
organization is exempt from federal income taxation under subsection
501(c)(3) of the Internal Revenue Code. The school shall not use the
contributions it receives for any other purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.874 of the Revised Code to St. Edward high school
located in the municipal corporation of Lakewood. The school shall
use fifty per cent of the contributions it receives to provide
tuition assistance to its students. The school shall use the
remaining fifty per cent to pay the expenses it incurs in providing
services to the school's students that assist in developing or
maintaining the mental and emotional well-being of the students. The
services provided may include bereavement counseling, instruction in
defensive driving techniques, sensitivity training, and the
counseling and education of students regarding bullying, dating
violence, drug abuse, suicide prevention, and human trafficking. As a
part of providing such services, the school may pay for members of
the faculty of the school to receive training in providing those
services. The school principal or, in the school principal's
discretion, appropriate school counselors shall determine any
charitable organizations that the school hires to provide those
services. The school shall ensure that any such charitable
organization is exempt from federal income taxation under subsection
501(c)(3) of the Internal Revenue Code. The school shall not use the
contributions it receives for any other purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.875 of the Revised Code to Walsh Jesuit high school
located in the municipal corporation of Cuyahoga Falls. The school
shall use fifty per cent of the contributions it receives to provide
tuition assistance to its students. The school shall use the
remaining fifty per cent to pay the expenses it incurs in providing
services to the school's students that assist in developing or
maintaining the mental and emotional well-being of the students. The
services provided may include bereavement counseling, instruction in
defensive driving techniques, sensitivity training, and the
counseling and education of students regarding bullying, dating
violence, drug abuse, suicide prevention, and human trafficking. As a
part of providing such services, the school may pay for members of
the faculty of the school to receive training in providing those
services. The school principal or, in the school principal's
discretion, appropriate school counselors shall determine any
charitable organizations that the school hires to provide those
services. The school shall ensure that any such charitable
organization is exempt from federal income taxation under subsection
501(c)(3) of the Internal Revenue Code. The school shall not use the
contributions it receives for any other purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.876 of the Revised Code to the North Royalton city
school district. The school district shall use the contributions it
receives to pay the expenses it incurs in providing services to the
school district's students that assist in developing or maintaining
the mental and emotional well-being of the students. The services
provided may include bereavement counseling, instruction in defensive
driving techniques, sensitivity training, and the counseling and
education of students regarding bullying, dating violence, drug
abuse, suicide prevention, and human trafficking. The school district
superintendent or, in the school district superintendent's
discretion, the appropriate school principal or appropriate school
counselors shall determine any charitable organizations that the
school district hires to provide those services. The school district
also may use the contributions it receives to pay for members of the
faculty of the school district to receive training in providing such
services to the students of the school district. The school district
shall ensure that any charitable organization that is hired by the
district is exempt from federal income taxation under subsection
501(c)(3) of the Internal Revenue Code. The school district shall not
use the contributions it receives for any other purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.877 of the Revised Code to the Independence local
school district. The school district shall use the contributions it
receives to pay the expenses it incurs in providing services to the
school district's students that assist in developing or maintaining
the mental and emotional well-being of the students. The services
provided may include bereavement counseling, instruction in defensive
driving techniques, sensitivity training, and the counseling and
education of students regarding bullying, dating violence, drug
abuse, suicide prevention, and human trafficking. The school district
superintendent or, in the school district superintendent's
discretion, the appropriate school principal or appropriate school
counselors shall determine any charitable organizations that the
school district hires to provide those services. The school district
also may use the contributions it receives to pay for members of the
faculty of the school district to receive training in providing such
services to the students of the school district. The school district
shall ensure that any charitable organization that is hired by the
district is exempt from federal income taxation under subsection
501(c)(3) of the Internal Revenue Code. The school district shall not
use the contributions it receives for any other purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.878 of the Revised Code to the Cuyahoga Heights local
school district. The school district shall use the contributions it
receives to pay the expenses it incurs in providing services to the
school district's students that assist in developing or maintaining
the mental and emotional well-being of the students. The services
provided may include bereavement counseling, instruction in defensive
driving techniques, sensitivity training, and the counseling and
education of students regarding bullying, dating violence, drug
abuse, suicide prevention, and human trafficking. The school district
superintendent or, in the school district superintendent's
discretion, the appropriate school principal or appropriate school
counselors, shall determine any charitable organizations that the
school district hires to provide those services. The school district
also may use the contributions it receives to pay for members of the
faculty of the school district to receive training in providing such
services to the students of the school district. The school district
shall ensure that any charitable organization that is hired by the
district is exempt from federal income taxation under subsection
501(c)(3) of the Internal Revenue Code. The school district shall not
use the contributions it receives for any other purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.879 of the Revised Code to the west technical high
school alumni association, which shall use the contributions for
activities sponsored by the association.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.88 of the Revised Code to the Kenston local school
district. The school district shall use the contributions it receives
to pay the expenses it incurs in providing services that assist in
developing or maintaining a culture of environmental responsibility
and an innovative science, technology, engineering, art, and math
(S.T.E.A.M.) curriculum to the school district's students. The school
district shall not use the contributions it receives for any other
purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.881 of the Revised Code to La Salle high school in
the municipal corporation of Cincinnati. The high school shall not
use the contributions it receives for any political purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.882 of the Revised Code to St. John's Jesuit high
school and academy located in the municipal corporation of Toledo.
The school shall use the contributions it receives to provide tuition
assistance for students attending the school.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.883 of the Revised Code to St. Charles preparatory
school located in the municipal corporation of Columbus, which shall
use the contributions for the school's alumni association and the
alumni association's purposes.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.884 of the Revised Code to Archbishop Moeller high
school located in the municipal corporation of Cincinnati. The high
school shall not use the contributions it receives for any political
purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.885 of the Revised Code to the Revere schools
foundation. The foundation shall use the contributions to promote its
mission, including awarding scholarships to honor young people who
are meaningfully engaged in their school or community. The foundation
shall not use the contributions for any political purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.886 of the Revised Code to Stephen T. Badin high
school in the municipal corporation of Hamilton.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.887 of the Revised Code to Bishop Hartley high school
located in the municipal corporation of Columbus, which shall use the
contributions for the school's alumni association and the alumni
association's purposes.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.888 of the Revised Code to St. Vincent-St. Mary high
school located in the municipal corporation of Akron.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.89 of the Revised Code to the American red cross of
greater Columbus on behalf of the Ohio chapters of the American red
cross, which shall use the contributions for disaster readiness,
preparedness, and response programs on a statewide basis.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.891 of the Revised Code to the Ohio lions foundation.
The foundation shall use the contributions for charitable and
educational purposes.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.892 of the Revised Code to the Hudson city school
district. The school district shall not use the contributions it
receives for any political purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.893 of the Revised Code to the Harrison Central
jr./sr. high school located in the municipal corporation of Cadiz.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.894 of the Revised Code to the Blanchester schools
foundation for funding student scholarships and for funding
activities and programs for at-risk students.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.895 of the Revised Code to the Lakeside Chautauqua
foundation. The foundation shall use the contributions it receives
for conservation and preservation of Lake Erie and the surrounding
ecosystem.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.896 of the Revised Code to the American legion
auxiliary department of Ohio. The auxiliary department shall use the
contributions it receives to support the American legion, current and
former military members, and their families.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.899 of the Revised Code to the Cleveland clinic
foundation, which shall use the contributions to support Cleveland
clinic children's education, research, and patient services.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.90 of the Revised Code to the nationwide children's
hospital foundation.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.901 of the Revised Code to the Ohio association for
pupil transportation, which shall use the money to support
transportation programs, provide training to school transportation
professionals, and support other initiatives for school
transportation safety.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.902 of the Revised Code to St. Ignatius high school
located in the municipal corporation of Cleveland. The school shall
use fifty per cent of the contributions it receives to provide
tuition assistance to its students. The school shall use the
remaining fifty per cent to pay the expenses it incurs in providing
services to the school's students that assist in developing or
maintaining the mental and emotional well-being of the students. The
services provided may include bereavement counseling, instruction in
defensive driving techniques, sensitivity training, and the
counseling and education of students regarding bullying, dating
violence, drug abuse, suicide prevention, and human trafficking. As a
part of providing such services, the school may pay for members of
the faculty of the school to receive training in providing those
services. The school principal or, in the school principal's
discretion, appropriate school counselors shall determine any
charitable organizations that the school hires to provide those
services. The school shall ensure that any such charitable
organization is exempt from federal income taxation under subsection
501(c)(3) of the Internal Revenue Code. The school shall not use the
contributions it receives for any other purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.903 of the Revised Code to the Brecksville-Broadview
Heights city school district. The school district shall use the
contributions it receives to pay the expenses it incurs in providing
services to the school district's students that assist in developing
or maintaining the mental and emotional well-being of the students.
The services provided may include bereavement counseling, instruction
in defensive driving techniques, sensitivity training, and the
counseling and education of students regarding bullying, dating
violence, drug abuse, suicide prevention, and human trafficking. The
school district superintendent or, in the school district
superintendent's discretion, the appropriate school principal or
appropriate school counselors shall determine any charitable
organizations that the school district hires to provide those
services. The school district also may use the contributions it
receives to pay for members of the faculty of the school district to
receive training in providing such services to the students of the
school district. The school district shall ensure that any charitable
organization that is hired by the district is exempt from federal
income taxation under subsection 501(c)(3) of the Internal Revenue
Code. The school district shall not use the contributions it receives
for any other purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.904 of the Revised Code to the Chagrin Falls exempted
village school district. The school district shall use the
contributions it receives to pay the expenses it incurs in providing
services to the school district's students that assist in developing
or maintaining the mental and emotional well-being of the students.
The services provided may include bereavement counseling, instruction
in defensive driving techniques, sensitivity training, and the
counseling and education of students regarding bullying, dating
violence, drug abuse, suicide prevention, and human trafficking. The
school district superintendent or, in the school district
superintendent's discretion, the appropriate school principal or
appropriate school counselors shall determine any charitable
organizations that the school district hires to provide those
services. The school district also may use the contributions it
receives to pay for members of the faculty of the school district to
receive training in providing such services to the students of the
school district. The school district shall ensure that any charitable
organization that is hired by the district is exempt from federal
income taxation under subsection 501(c)(3) of the Internal Revenue
Code. The school district shall not use the contributions it receives
for any other purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.905 of the Revised Code to the Cuyahoga valley career
center. The career center shall use the contributions it receives to
pay the expenses it incurs in providing services to the career
center's students that assist in developing or maintaining the mental
and emotional well-being of the students. The services provided may
include bereavement counseling, instruction in defensive driving
techniques, sensitivity training, and the counseling and education of
students regarding bullying, dating violence, drug abuse, suicide
prevention, and human trafficking. The career center's superintendent
or in the career center's superintendent's discretion, the school
board or appropriate school counselors shall determine any charitable
organizations that the career center hires to provide those services.
The career center also may use the contributions it receives to pay
for members of the faculty of the career center to receive training
in providing such services to the students of the career center. The
career center shall ensure that any charitable organization that is
hired by the career center is exempt from federal income taxation
under subsection 501(c)(3) of the Internal Revenue Code. The career
center shall not use the contributions it receives for any other
purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.906 of the Revised Code to the Stow-Munroe Falls city
school district. The school district shall not use the contributions
it receives for any political purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.907 of the Revised Code to the Twinsburg city school
district. The school district shall not use the contributions it
receives for any political purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.908 of the Revised Code to St. Xavier high school
located in Springfield township in Hamilton county. The school shall
use fifty per cent of the contributions it receives to provide
tuition assistance to its students. The school shall use the
remaining fifty per cent to pay the expenses it incurs in providing
services to the school's students that assist in developing or
maintaining the mental and emotional well-being of the students. The
services provided may include bereavement counseling, instruction in
defensive driving techniques, sensitivity training, and the
counseling and education of students regarding bullying, dating
violence, drug abuse, suicide prevention, and human trafficking. As a
part of providing such services, the school may pay for members of
the faculty of the school to receive training in providing those
services. The school principal or, in the school principal's
discretion, appropriate school counselors shall determine any
charitable organizations that the school hires to provide those
services. The school shall ensure that any such charitable
organization is exempt from federal income taxation under subsection
501(c)(3) of the Internal Revenue Code. The school shall not use the
contributions it receives for any other purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.909 of the Revised Code to the Grandview Heights city
school district, which shall use the contributions for its gifted
programs and special education and related services.

The
registrar shall pay the contributions received pursuant to section
4503.92 of the Revised Code to support our troops, incorporated, a
national nonprofit corporation, which shall use those contributions
in accordance with its articles of incorporation and for the benefit
of servicemembers of the armed forces of the United States and their
families when they are in financial need.

The
registrar shall pay the contributions received pursuant to section
4503.931 of the Revised Code to healthy New Albany, which shall use
the contributions for its community programs, events, and other
activities.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.932 of the Revised Code to habitat for humanity of
Ohio, inc., which shall use the contributions for its projects
related to building affordable houses.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.933 of the Revised Code to Ohio citizens for the arts
foundation, which shall use the contributions for advocacy,
education, and professional development programs.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.934 of the Revised Code to Ohio society for
respiratory care of the American association for respiratory care,
incorporated, which shall use the contributions to benefit the Ohio
society for respiratory care student scholarship fund.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.935 of the Revised Code to Jesup W. Scott high
school's principal activities fund. The high school shall use the
contributions to enhance learning opportunities for the high school's
students.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.936 of the Revised Code to the Hilliard Davidson
baseball club, which shall use the contributions to support the team.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.94 of the Revised Code to the Michelle's leading star
foundation, which shall use the money solely to fund the rental,
lease, or purchase of the simulated driving curriculum of the
Michelle's leading star foundation by boards of education of city,
exempted village, local, and joint vocational school districts.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.941 of the Revised Code to the Ohio chapter
international society of arboriculture, which shall use the money to
increase consumer awareness on the importance of proper tree care and
to raise funds for the chapter's educational efforts.

The
registrar shall pay the contributions received pursuant to section
4503.942 of the Revised Code to zero, the end of prostate cancer,
incorporated, a nonprofit organization, which shall use those
contributions to raise awareness of prostate cancer, to support
research to end prostate cancer, and to support prostate cancer
patients and their families.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.943 of the Revised Code to the nonprofit organization
weirdo cat lovers of Cleveland, which shall use the contributions to
further its mission of assisting pet parents with emergency
veterinary bills for their feline companions, providing food and
litter to those in economic need, and controlling feral cat
populations through the process of trap-neuter-return to the
community.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.944 of the Revised Code to the eastern European
congress of Ohio, which shall use the contributions for charitable
and educational purposes.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.945 of the Revised Code to the Summit metro parks
foundation, which shall use the money in support of the Summit county
metro parks.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.946 of the Revised Code to the Ohio society, sons of
the American revolution, which shall use the contributions for
special projects related to historical education.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.951 of the Revised Code to the Cincinnati city school
district.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.952 of the Revised Code to Hawken school located in
northeast Ohio. The school shall use fifty per cent of the
contributions it receives to provide tuition assistance to its
students. The school shall use the remaining fifty per cent to pay
the expenses it incurs in providing services to the school's students
that assist in developing or maintaining the mental and emotional
well-being of the students. The services provided may include
bereavement counseling, instruction in defensive driving techniques,
sensitivity training, and the counseling and education of students
regarding bullying, dating violence, drug abuse, suicide prevention,
and human trafficking. As a part of providing such services, the
school may pay for members of the faculty of the school to receive
training in providing those services. The school principal or, in the
school principal's discretion, appropriate school counselors shall
determine any charitable organizations that the school hires to
provide those services. The school shall ensure that any such
charitable organization is exempt from federal income taxation under
subsection 501(c)(3) of the Internal Revenue Code. The school shall
not use the contributions it receives for any other purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.953 of the Revised Code to Gilmour academy located in
the municipal corporation of Gates Mills. The school shall use fifty
per cent of the contributions it receives to provide tuition
assistance to its students. The school shall use the remaining fifty
per cent to pay the expenses it incurs in providing services to the
school's students that assist in developing or maintaining the mental
and emotional well-being of the students. The services provided may
include bereavement counseling, instruction in defensive driving
techniques, sensitivity training, and the counseling and education of
students regarding bullying, dating violence, drug abuse, suicide
prevention, and human trafficking. As a part of providing such
services, the school may pay for members of the faculty of the school
to receive training in providing those services. The school principal
or, in the school principal's discretion, appropriate school
counselors shall determine any charitable organizations that the
school hires to provide those services. The school shall ensure that
any such charitable organization is exempt from federal income
taxation under subsection 501(c)(3) of the Internal Revenue Code. The
school shall not use the contributions it receives for any other
purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.954 of the Revised Code to University school located
in the suburban area near the municipal corporation of Cleveland. The
school shall use fifty per cent of the contributions it receives to
provide tuition assistance to its students. The school shall use the
remaining fifty per cent to pay the expenses it incurs in providing
services to the school's students that assist in developing or
maintaining the mental and emotional well-being of the students. The
services provided may include bereavement counseling, instruction in
defensive driving techniques, sensitivity training, and the
counseling and education of students regarding bullying, dating
violence, drug abuse, suicide prevention, and human trafficking. As a
part of providing such services, the school may pay for members of
the faculty of the school to receive training in providing those
services. The school principal or, in the school principal's
discretion, appropriate school counselors shall determine any
charitable organizations that the school hires to provide those
services. The school shall ensure that any such charitable
organization is exempt from federal income taxation under subsection
501(c)(3) of the Internal Revenue Code. The school shall not use the
contributions it receives for any other purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.955 of the Revised Code to Saint Albert the Great
school located in North Royalton. The school shall use fifty per cent
of the contributions it receives to provide tuition assistance to its
students. The school shall use the remaining fifty per cent to pay
the expenses it incurs in providing services to the school's students
that assist in developing or maintaining the mental and emotional
well-being of the students. The services provided may include
bereavement counseling, instruction in defensive driving techniques,
sensitivity training, and the counseling and education of students
regarding bullying, dating violence, drug abuse, suicide prevention,
and human trafficking. As a part of providing such services, the
school may pay for members of the faculty of the school to receive
training in providing those services. The school principal or, in the
school principal's discretion, appropriate school counselors shall
determine any charitable organizations that the school hires to
provide those services. The school shall ensure that any such
charitable organization is exempt from federal income taxation under
subsection 501(c)(3) of the Internal Revenue Code. The school shall
not use the contributions it receives for any other purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.956 of the Revised Code to the Liberty Center local
school district, which shall use the contributions for its gifted
programs and special education and related services.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.957 of the Revised Code to John F. Kennedy Catholic
school located in Warren. The school shall not use the contributions
it receives for any political purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.958 of the Revised Code to Elder high school located
in the municipal corporation of Cincinnati. The school shall use
fifty per cent of the contributions it receives to provide tuition
assistance to its students, twenty-five per cent of the contributions
to benefit arts and enrichment at the school, and twenty-five per
cent of the contributions to benefit athletics at the school.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.959 of the Revised Code to the Dublin food pantry,
which shall use the contributions to provide food, hygiene products,
and other resources to individuals and families experiencing food
insecurity.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.961 of the Revised Code to Fairfield senior high
school located in the municipal corporation of Fairfield. The high
school shall not use the contributions for any political purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.962 of the Revised Code to Hamilton high school
located in the municipal corporation of Hamilton. The high school
shall not use the contributions for any political purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.963 of the Revised Code to Ross high school located
in Ross township in Butler county. The high school shall not use the
contributions for any political purpose.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.964 of the Revised Code to Chardon hilltopper
gridiron club. The club shall use contributions to fund college and
career technical training scholarships for students.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.965 of the Revised Code to the Norton music boosters
association. The association shall use the contributions to provide
financial assistance to the Norton high school music boosters for
equipment, travel, and programming expenses.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.97 of the Revised Code to the friends of united
Hatzalah of Israel, which shall use the money to support united
Hatzalah of Israel, which provides free emergency medical first
response throughout Israel.

The
registrar shall pay the contributions the registrar receives pursuant
to section 4503.98 of the Revised Code to the Westerville parks
foundation to support the programs and activities of the foundation
and its mission of pursuing the city of Westerville's vision of
becoming "A City Within A Park."

(C)
All investment earnings of the license plate contribution fund shall
be credited to the fund. Not later than the first day of May of every
year, the registrar shall distribute to each entity described in
division (B) of this section the investment income the fund earned
the previous calendar year. The amount of such a distribution paid to
an entity shall be proportionate to the amount of money the entity
received from the fund during the previous calendar year.

Sec.
4501.29.
The
department of administrative services shall collect user fees from
participants in the multi-agency radio communications system (MARCS).
The director of administrative services, with
the
advice of the MARCS steering committee and
the
consent of the director of budget and management, shall determine the
amount of the user fees and the manner by which the fees shall be
collected. All moneys from user fees shall be deposited in the MARCS
administration fund, which is hereby created in the state treasury.
All investment earnings on moneys in the fund shall be credited to
the fund.

Sec.
4501.30.
As
used in sections 4501.30 to 4501.303 of the Revised Code:

"MARCS"
means the multi-agency radio communications system.

"P25
standards" means standards for digital radio communications for
use by federal, state, provincial, and local public safety agencies
in North America to enable communications with other agencies and
mutual aid response teams in emergencies. "P25 standards"
are the standards produced through the joint efforts of the
association of public-safety communications officials, the national
association of state technology directors, selected federal agencies,
and the national communications system.

"P25
system" means a communications system that meets P25 standards
and fosters interoperability in mission critical communications

as
certified by the MARCS steering committee
.

Sec.
4501.302.
(A)
The multi-agency radio communications system (MARCS) steering
committee is established consisting of the following members:

(1)
The directors, or designees thereof, of administrative services,
public safety, natural resources, transportation, rehabilitation and
correction, and budget and management, and the state fire marshal or
the state fire marshal's designee;

(2)
The following members appointed by the governor:

(a)
One representative of the Ohio chapter of the association of public
safety communications officials or its successor organization;

(b)
One representative of the buckeye state sheriff's association or its
successor organization;

(c)
One representative of the Ohio association of chiefs of police or its
successor organization;

(d)
One representative of the Ohio fire chiefs' association or its
successor organization.

(3)
Two members of the house of representatives appointed by the speaker
of the house of representatives, one from the majority party and one
from the minority party;

(4)
Two members of the senate appointed by the president of the senate,
one from the majority party and one from the minority party.

(B)
The director of administrative services or the director's designee
shall chair the committee.

(C)
The committee shall provide assistance to the director of
administrative services for effective and efficient implementation of
MARCS as well as develop policies for the ongoing management of the
system. Upon dates prescribed by the directors of administrative
services and budget and management, the MARCS steering committee
shall report to the directors on the progress of MARCS implementation
and the development of policies related to the system.

(D)
The committee shall establish a subcommittee to represent MARCS users
on the local government level. The chairperson of the subcommittee
shall serve as a member of the MARCS steering committee.

(E)
Divisions (A) to (D) of this section represent the codification of
the existing MARCS steering committee and subcommittee. Upon the
effective date of this amendment, members of the MARCS steering
committee and the subcommittee may continue service on these
committees, their terms unaffected by the codification.

(F)

The
MARCS steering committee shall certify that the P25 system complies
with P25 standards based on business planning documents it approves.
The planning documents shall outline the various end user costs for
monthly access to the system depending on the number of MARCS users
and including adequate funding for future repairs, maintenance, and
upgrades of MARCS statewide.

Sec.
4503.038.
(A)

Not
later than ninety days after July 3, 2019, the
The

registrar
of motor vehicles shall
adopt
rules in accordance with Chapter 119. of the Revised Code
establishing
establish

a
service fee that applies for purposes of sections 4503.03, 4503.036,
4503.042, 4503.10, 4503.102, 4503.12, 4503.182, 4503.24, 4503.44,
4503.65, 4505.061, 4506.08, 4507.24, 4507.50, 4507.52, 4509.05,
4519.03, 4519.05, 4519.10, 4519.56, and 4519.69 of the Revised Code.
The service fee shall be
five

eight

dollars.

(B)

Not
later than ninety days after July 3, 2019, the
The

registrar
shall
adopt
rules in accordance with Chapter 119. of the Revised Code
establishing
establish

prorated
service fees that apply for purposes of multi-year registrations
authorized under section 4503.103 of the Revised Code.

(C)
When a service fee is collected by the registrar, the following
portion of the service fee that is not allocated to a deputy
registrar but instead is deposited into the public safety - highway
purposes fund created in section 4501.06 of the Revised Code shall be
used exclusively for the state highway patrol for the enforcement of
the motor vehicle and traffic laws of Ohio:

(1)
The three-dollar increase in the service fee under division (A) of
this section that is effective on and after the date of this
amendment;

(2)
Any increase in the service fee under division (B) of this section
that is effective on and after the effective date of this amendment.

Sec.
4503.06.
(A)
The owner of each manufactured or mobile home that has acquired situs
in this state shall pay either a real property tax pursuant to Title
LVII of the Revised Code or a manufactured home tax pursuant to
division (C) of this section.

(B)
The owner of a manufactured or mobile home shall pay real property
taxes if either of the following applies:

(1)
The manufactured or mobile home acquired situs in the state or
ownership in the home was transferred on or after January 1, 2000,
and all of the following apply:

(a)
The home is affixed to a permanent foundation as defined in division
(C)(5) of section 3781.06 of the Revised Code.

(b)
The home is located on land that is owned by the owner of the home.

(c)
The certificate of title has been inactivated by the clerk of the
court of common pleas that issued it, pursuant to division (H) of
section 4505.11 of the Revised Code.

(2)
The manufactured or mobile home acquired situs in the state or
ownership in the home was transferred before January 1, 2000, and all
of the following apply:

(a)
The home is affixed to a permanent foundation as defined in division
(C)(5) of section 3781.06 of the Revised Code.

(b)
The home is located on land that is owned by the owner of the home.

(c)
The owner of the home has elected to have the home taxed as real
property and, pursuant to section 4505.11 of the Revised Code, has
surrendered the certificate of title to the auditor of the county
containing the taxing district in which the home has its situs,
together with proof that all taxes have been paid.

(d)
The county auditor has placed the home on the real property tax list
and delivered the certificate of title to the clerk of the court of
common pleas that issued it and the clerk has inactivated the
certificate.

(C)(1)
Any mobile or manufactured home that is not taxed as real property as
provided in division (B) of this section is subject to an annual
manufactured home tax, payable by the owner, for locating the home in
this state. The tax as levied in this section is for the purpose of
supplementing the general revenue funds of the local subdivisions in
which the home has its situs pursuant to this section.

(2)
The year for which the manufactured home tax is levied commences on
the first day of January and ends on the following thirty-first day
of December. The state shall have the first lien on any manufactured
or mobile home on the list for the amount of taxes, penalties, and
interest charged against the owner of the home under this section.
The lien of the state for the tax for a year shall attach on the
first day of January to a home that has acquired situs on that date.
The lien for a home that has not acquired situs on the first day of
January, but that acquires situs during the year, shall attach on the
next first day of January. The lien shall continue until the tax,
including any penalty or interest, is paid.

(3)(a)
The situs of a manufactured or mobile home located in this state on
the first day of January is the local taxing district in which the
home is located on that date.

(b)
The situs of a manufactured or mobile home not located in this state
on the first day of January, but located in this state subsequent to
that date, is the local taxing district in which the home is located
thirty days after it is acquired or first enters this state.

(4)
The tax is collected by and paid to the county treasurer of the
county containing the taxing district in which the home has its
situs.

(D)
The manufactured home tax shall be computed and assessed by the
county auditor of the county containing the taxing district in which
the home has its situs as follows:

(1)
On a home that acquired situs in this state prior to January 1, 2000:

(a)
By multiplying the assessable value of the home by the tax rate of
the taxing district in which the home has its situs, and deducting
from the product thus obtained any reduction authorized under section
4503.065 of the Revised Code. The tax levied under this formula shall
not be less than thirty-six dollars, unless the home qualifies for a
reduction in assessable value under section 4503.065 of the Revised
Code, in which case there shall be no minimum tax and the tax shall
be the amount calculated under this division.

(b)
The assessable value of the home shall be forty per cent of the
amount arrived at by the following computation:

(i)
If the cost to the owner, or market value at time of purchase,
whichever is greater, of the home includes the furnishings and
equipment, such cost or market value shall be multiplied according to
the following schedule:

1

2

3

A

For
the first calendar year in which the home is owned by the current
owner

x

80%

B

2nd
calendar year

x

75%

C

3rd
"

x

70%

D

4th
"

x

65%

E

5th
"

x

60%

F

6th
"

x

55%

G

7th
"

x

50%

H

8th
"

x

45%

I

9th
"

x

40%

J

10th
and each year thereafter

x

35%

The
first calendar year means any period between the first day of January
and the thirty-first day of December of the first year.

(ii)
If the cost to the owner, or market value at the time of purchase,
whichever is greater, of the home does not include the furnishings
and equipment, such cost or market value shall be multiplied
according to the following schedule:

1

2

3

A

For
the first calendar year in which the home is owned by the current
owner

x

95%

B

2nd
calendar year

x

90%

C

3rd
"

x

85%

D

4th
"

x

80%

E

5th
"

x

75%

F

6th
"

x

70%

G

7th
"

x

65%

H

8th
"

x

60%

I

9th
"

x

55%

J

10th
and each year thereafter

x

50%

The
first calendar year means any period between the first day of January
and the thirty-first day of December of the first year.

(2)
On a home in which ownership was transferred or that first acquired
situs in this state on or after January 1, 2000:

(a)
By multiplying the assessable value of the home by the effective tax
rate, as defined in section 323.08 of the Revised Code, for
residential real property of the taxing district in which the home
has its situs, and deducting from the product thus obtained the
reductions required or authorized under section 319.302,
319.304,
or 4503.065 or
division
(B) of section 323.152
,
or section 4503.065

of the Revised Code.

(b)
The assessable value of the home shall be thirty-five per cent of its
true value as determined under division (L) of this section.

(3)
On or before the fifteenth day of January each year, the county
auditor shall record the assessable value and the amount of tax on
the manufactured or mobile home on the tax list and deliver a
duplicate of the list to the county treasurer. In the case of an
emergency as defined in section 323.17 of the Revised Code, the tax
commissioner, by journal entry, may extend the times for delivery of
the duplicate for an additional fifteen days upon receiving a written
application from the county auditor regarding an extension for the
delivery of the duplicate, or from the county treasurer regarding an
extension of the time for the billing and collection of taxes. The
application shall contain a statement describing the emergency that
will cause the unavoidable delay and must be received by the tax
commissioner on or before the last day of the month preceding the day
delivery of the duplicate is otherwise required. When an extension is
granted for delivery of the duplicate, the time period for payment of
taxes shall be extended for a like period of time. When a delay in
the closing of a tax collection period becomes unavoidable, the tax
commissioner, upon application by the county auditor and county
treasurer, may order the time for payment of taxes to be extended if
the tax commissioner determines that penalties have accrued or would
otherwise accrue for reasons beyond the control of the taxpayers of
the county. The order shall prescribe the final extended date for
payment of taxes for that collection period.

(4)
After January 1, 1999, the owner of a manufactured or mobile home
taxed pursuant to division (D)(1) of this section may elect to have
the home taxed pursuant to division (D)(2) of this section by filing
a written request with the county auditor of the taxing district in
which the home is located on or before the first day of December of
any year. Upon the filing of the request, the county auditor shall
determine whether all taxes levied under division (D)(1) of this
section have been paid, and if those taxes have been paid, the county
auditor shall tax the manufactured or mobile home pursuant to
division (D)(2) of this section commencing in the next tax year.

(5)
A manufactured or mobile home that acquired situs in this state prior
to January 1, 2000, shall be taxed pursuant to division (D)(2) of
this section if no manufactured home tax had been paid for the home
and the home was not exempted from taxation pursuant to division (E)
of this section for the year for which the taxes were not paid.

(6)(a)
Immediately upon receipt of any manufactured home tax duplicate from
the county auditor, but not less than twenty days prior to the last
date on which the first one-half taxes may be paid without penalty as
prescribed in division (F) of this section, the county treasurer
shall cause to be prepared and mailed or delivered to each person
charged on that duplicate with taxes, or to an agent designated by
such person, the tax bill prescribed by the tax commissioner under
division (D)(7) of this section. When taxes are paid by installments,
the county treasurer shall mail or deliver to each person charged on
such duplicate or the agent designated by that person a second tax
bill showing the amount due at the time of the second tax collection.
The second half tax bill shall be mailed or delivered at least twenty
days prior to the close of the second half tax collection period. A
change in the mailing address, electronic mail address, or telephone
number of any tax bill shall be made in writing to the county
treasurer. Failure to receive a bill required by this section does
not excuse failure or delay to pay any taxes shown on the bill or,
except as provided in division (B)(1) of section 5715.39 of the
Revised Code, avoid any penalty, interest, or charge for such delay.

A
policy adopted by a county treasurer under division (A)(2) of section
323.13 of the Revised Code shall also allow any person required to
receive a tax bill under division (D)(6)(a) of this section to
request electronic delivery of that tax bill in the same manner. A
person may rescind such a request in the same manner as a request
made under division (A)(2) of section 323.13 of the Revised Code. The
request shall terminate upon a change in the name of the person
charged with the taxes pursuant to section 4503.061 of the Revised
Code.

(b)
After delivery of the copy of the delinquent manufactured home tax
list under division (H) of this section, the county treasurer may
prepare and mail to each person in whose name a home is listed an
additional tax bill showing the total amount of delinquent taxes
charged against the home as shown on the list. The tax bill shall
include a notice that the interest charge prescribed by division (G)
of this section has begun to accrue.

(7)
Each tax bill prepared and mailed or delivered under division (D)(6)
of this section shall be in the form and contain the information
required by the tax commissioner. The commissioner may prescribe
different forms for each county and may authorize the county auditor
to make up tax bills and tax receipts to be used by the county
treasurer. The tax bill shall not contain or be mailed or delivered
with any information or material that is not required by this section
or that is not authorized by section 321.45 of the Revised Code or by
the tax commissioner. In addition to the information required by the
commissioner, each tax bill shall contain the following information:

(a)
The taxes levied and the taxes charged and payable against the
manufactured or mobile home;

(b)
The following notice: "Notice: If the taxes are not paid within
sixty days after the county auditor delivers the delinquent
manufactured home tax list to the county treasurer, you and your home
may be subject to collection proceedings for tax delinquency."
Failure to provide such notice has no effect upon the validity of any
tax judgment to which a home may be subjected.

(c)
In the case of manufactured or mobile homes taxed under division
(D)(2) of this section, the following additional information:

(i)
The effective tax rate. The words "effective tax rate"
shall appear in boldface type.

(ii)
The following notice: "Notice: If the taxes charged against this
home have been reduced by the 2-1/2 per cent tax reduction for
residences occupied by the owner but the home is not a residence
occupied by the owner, the owner must notify the county auditor's
office not later than March 31 of the year for which the taxes are
due. Failure to do so may result in the owner being convicted of a
fourth degree misdemeanor, which is punishable by imprisonment up to
30 days, a fine up to $250, or both, and in the owner having to repay
the amount by which the taxes were erroneously or illegally reduced,
plus any interest that may apply.

If
the taxes charged against this home have not been reduced by the
2-1/2 per cent tax reduction and the home is a residence occupied by
the owner, the home may qualify for the tax reduction. To obtain an
application for the tax reduction or further information, the owner
may contact the county auditor's office at __________ (insert the
address and telephone number of the county auditor's office)."

(d)
For a manufactured or mobile home, the tax liability of which has
been reduced under section 5705.316 of the Revised Code for the
current tax year, the following notice: "Notice: The school
district taxes shown due on this bill are reduced only for the
current year due to the school district's excess carry-over balance."

(E)(1)
A manufactured or mobile home is not subject to this section when any
of the following applies:

(a)
It is taxable as personal property pursuant to section 5709.01 of the
Revised Code. Any manufactured or mobile home that is used as a
residence shall be subject to this section and shall not be taxable
as personal property pursuant to section 5709.01 of the Revised Code.

(b)
It bears a license plate issued by any state other than this state
unless the home is in this state in excess of an accumulative period
of thirty days in any calendar year.

(c)
The annual tax has been paid on the home in this state for the
current year.

(d)
The tax commissioner has determined, pursuant to section 5715.27 of
the Revised Code, that the property is exempt from taxation, or would
be exempt from taxation under Chapter 5709. of the Revised Code if it
were classified as real property.

(2)
A travel trailer or park trailer, as these terms are defined in
section 4501.01 of the Revised Code, is not subject to this section
if it is unused or unoccupied and stored at the owner's normal place
of residence or at a recognized storage facility.

(3)
A travel trailer or park trailer, as these terms are defined in
section 4501.01 of the Revised Code, is subject to this section and
shall be taxed as a manufactured or mobile home if it has a situs
longer than thirty days in one location and is connected to existing
utilities, unless either of the following applies:

(a)
The situs is in a state facility or a camping or park area as defined
in division (C), (Q), (S), or (V) of section 3729.01 of the Revised
Code.

(b)
The situs is in a camping or park area that is a tract of land that
has been limited to recreational use by deed or zoning restrictions
and subdivided for sale of five or more individual lots for the
express or implied purpose of occupancy by either self-contained
recreational vehicles as defined in division (T) of section 3729.01
of the Revised Code or by dependent recreational vehicles as defined
in division (D) of section 3729.01 of the Revised Code.

(F)
Except as provided in division (D)(3) of this section, the
manufactured home tax is due and payable as follows:

(1)
When a manufactured or mobile home has a situs in this state, as
provided in this section, on the first day of January, one-half of
the amount of the tax is due and payable on or before the first day
of March and the balance is due and payable on or before the
thirty-first day of July. At the option of the owner of the home, the
tax for the entire year may be paid in full on the first day of
March.

(2)
When a manufactured or mobile home first acquires a situs in this
state after the first day of January, no tax is due and payable for
that year.

(G)(1)(a)
Except as otherwise provided in division (G)(1)(b) of this section,
if one-half of the current taxes charged under this section against a
manufactured or mobile home, together with the full amount of any
delinquent taxes, are not paid on or before the first day of March in
that year, or on or before the last day for such payment as extended
pursuant to section 4503.063 of the Revised Code, a penalty of ten
per cent shall be charged against the unpaid balance of such half of
the current taxes. If the total amount of all such taxes is not paid
on or before the thirty-first day of July, next thereafter, or on or
before the last day for payment as extended pursuant to section
4503.063 of the Revised Code, a like penalty shall be charged on the
balance of the total amount of the unpaid current taxes.

(b)
After a valid delinquent tax contract that includes unpaid current
taxes from a first-half collection period described in division (F)
of this section has been entered into under section 323.31 of the
Revised Code, no ten per cent penalty shall be charged against such
taxes after the second-half collection period while the delinquent
tax contract remains in effect. On the day a delinquent tax contract
becomes void, the ten per cent penalty shall be charged against such
taxes and shall equal the amount of penalty that would have been
charged against unpaid current taxes outstanding on the date on which
the second-half penalty would have been charged thereon under
division (G)(1)(a) of this section if the contract had not been in
effect.

(2)(a)
On the first day of the month following the last day the second
installment of taxes may be paid without penalty beginning in 2000,
interest shall be charged against and computed on all delinquent
taxes other than the current taxes that became delinquent taxes at
the close of the last day such second installment could be paid
without penalty. The charge shall be for interest that accrued during
the period that began on the preceding first day of December and
ended on the last day of the month that included the last date such
second installment could be paid without penalty. The interest shall
be computed at the rate per annum prescribed by section 5703.47 of
the Revised Code and shall be entered as a separate item on the
delinquent manufactured home tax list compiled under division (H) of
this section.

(b)
On the first day of December beginning in 2000, the interest shall be
charged against and computed on all delinquent taxes. The charge
shall be for interest that accrued during the period that began on
the first day of the month following the last date prescribed for the
payment of the second installment of taxes in the current year and
ended on the immediately preceding last day of November. The interest
shall be computed at the rate per annum prescribed by section 5703.47
of the Revised Code and shall be entered as a separate item on the
delinquent manufactured home tax list.

(c)
After a valid undertaking has been entered into for the payment of
any delinquent taxes, no interest shall be charged against such
delinquent taxes while the undertaking remains in effect in
compliance with section 323.31 of the Revised Code. If a valid
undertaking becomes void, interest shall be charged against the
delinquent taxes for the periods that interest was not permitted to
be charged while the undertaking was in effect. The interest shall be
charged on the day the undertaking becomes void and shall equal the
amount of interest that would have been charged against the unpaid
delinquent taxes outstanding on the dates on which interest would
have been charged thereon under divisions (G)(1) and (2) of this
section had the undertaking not been in effect.

(3)
If the full amount of the taxes due at either of the times prescribed
by division (F) of this section is paid within ten days after such
time, the county treasurer shall waive the collection of and the
county auditor shall remit one-half of the penalty provided for in
this division for failure to make that payment by the prescribed
time.

(4)
The treasurer shall compile and deliver to the county auditor a list
of all tax payments the treasurer has received as provided in
division (G)(3) of this section. The list shall include any
information required by the auditor for the remission of the
penalties waived by the treasurer. The taxes so collected shall be
included in the settlement next succeeding the settlement then in
process.

(H)(1)
The county auditor shall compile annually a "delinquent
manufactured home tax list" consisting of homes the county
treasurer's records indicate have taxes that were not paid within the
time prescribed by divisions (D)(3) and (F) of this section, have
taxes that remain unpaid from prior years, or have unpaid tax
penalties or interest that have been assessed.

(2)
Within thirty days after the settlement under division (H)(2) of
section 321.24 of the Revised Code, the county auditor shall deliver
a copy of the delinquent manufactured home tax list to the county
treasurer. The auditor shall update and publish the delinquent
manufactured home tax list annually in the same manner as delinquent
real property tax lists are published. The county auditor may
apportion the cost of publishing the list among taxing districts in
proportion to the amount of delinquent manufactured home taxes so
published that each taxing district is entitled to receive upon
collection of those taxes, or the county auditor may charge the owner
of a home on the list a flat fee established under section 319.54 of
the Revised Code for the cost of publishing the list and, if the fee
is not paid, may place the fee upon the delinquent manufactured home
tax list as a lien on the listed home, to be collected as other
manufactured home taxes.

(3)
When taxes, penalties, or interest are charged against a person on
the delinquent manufactured home tax list and are not paid within
sixty days after the list is delivered to the county treasurer, the
county treasurer shall, in addition to any other remedy provided by
law for the collection of taxes, penalties, and interest, enforce
collection of such taxes, penalties, and interest by civil action in
the name of the treasurer against the owner for the recovery of the
unpaid taxes following the procedures for the recovery of delinquent
real property taxes in sections 323.25 to 323.28 of the Revised Code.
The action may be brought in municipal or county court, provided the
amount charged does not exceed the monetary limitations for original
jurisdiction for civil actions in those courts.

It
is sufficient, having made proper parties to the suit, for the county
treasurer to allege in the treasurer's bill of particulars or
petition that the taxes stand chargeable on the books of the county
treasurer against such person, that they are due and unpaid, and that
such person is indebted in the amount of taxes appearing to be due
the county. The treasurer need not set forth any other matter
relating thereto. If it is found on the trial of the action that the
person is indebted to the state, judgment shall be rendered in favor
of the county treasurer prosecuting the action. The judgment debtor
is not entitled to the benefit of any law for stay of execution or
exemption of property from levy or sale on execution in the
enforcement of the judgment.

Upon
the filing of an entry of confirmation of sale or an order of
forfeiture in a proceeding brought under this division, title to the
manufactured or mobile home shall be in the purchaser. The clerk of
courts shall issue a certificate of title to the purchaser upon
presentation of proof of filing of the entry of confirmation or order
and, in the case of a forfeiture, presentation of the county
auditor's certificate of sale.

(I)
The total amount of taxes collected shall be distributed in the
following manner: four per cent shall be allowed as compensation to
the county auditor for the county auditor's service in assessing the
taxes; two per cent shall be allowed as compensation to the county
treasurer for the services the county treasurer renders as a result
of the tax levied by this section. Such amounts shall be paid into
the county treasury, to the credit of the county general revenue
fund, on the warrant of the county auditor. Fees to be paid to the
credit of the real estate assessment fund shall be collected pursuant
to division (C) of section 319.54 of the Revised Code and paid into
the county treasury, on the warrant of the county auditor. The
balance of the taxes collected shall be distributed among the taxing
subdivisions of the county in which the taxes are collected and paid
in the same proportions that the amount of manufactured home tax
levied by each taxing subdivision of the county in the current tax
year bears to the amount of such tax levied by all such subdivisions
in the county in the current tax year. The taxes levied and revenues
collected under this section shall be in lieu of any general property
tax and any tax levied with respect to the privilege of using or
occupying a manufactured or mobile home in this state except as
provided in sections 4503.04 and 5741.02 of the Revised Code.

(J)
An agreement to purchase or a bill of sale for a manufactured home
shall show whether or not the furnishings and equipment are included
in the purchase price.

(K)
If the county treasurer and the county prosecuting attorney agree
that an item charged on the delinquent manufactured home tax list is
uncollectible, they shall certify that determination and the reasons
to the county board of revision. If the board determines the amount
is uncollectible, it shall certify its determination to the county
auditor, who shall strike the item from the list.

(L)(1)
The county auditor shall appraise at its true value any manufactured
or mobile home in which ownership is transferred or which first
acquires situs in this state on or after January 1, 2000, and any
manufactured or mobile home the owner of which has elected, under
division (D)(4) of this section, to have the home taxed under
division (D)(2) of this section. The true value shall include the
value of the home, any additions, and any fixtures, but not any
furnishings in the home. In determining the true value of a
manufactured or mobile home, the auditor shall consider all facts and
circumstances relating to the value of the home, including its age,
its capacity to function as a residence, any obsolete
characteristics, and other factors that may tend to prove its true
value.

(2)(a)
If a manufactured or mobile home has been the subject of an arm's
length sale between a willing seller and a willing buyer within a
reasonable length of time prior to the determination of true value,
the county auditor shall consider the sale price of the home to be
the true value for taxation purposes.

(b)
The sale price in an arm's length transaction between a willing
seller and a willing buyer shall not be considered the true value of
the home if either of the following occurred after the sale:

(i)
The home has lost value due to a casualty.

(ii)
An addition or fixture has been added to the home.

(3)
The county auditor shall have each home viewed and appraised at least
once in each six-year period in the same year in which real property
in the county is appraised pursuant to Chapter 5713. of the Revised
Code, and shall update the appraised values in the third calendar
year following the appraisal. The person viewing or appraising a home
may enter the home to determine by actual view any additions or
fixtures that have been added since the last appraisal. In conducting
the appraisals and establishing the true value, the auditor shall
follow the procedures set forth for appraising real property in
sections 5713.01 and 5713.03 of the Revised Code.

(4)
The county auditor shall place the true value of each home on the
manufactured home tax list upon completion of an appraisal.

(5)(a)
If the county auditor changes the true value of a home, the auditor
shall notify the owner of the home in writing, delivered by mail or
in person. The notice shall be given at least thirty days prior to
the issuance of any tax bill that reflects the change. Failure to
receive the notice does not invalidate any proceeding under this
section.

(b)
Any owner of a home or any other person or party that would be
authorized to file a complaint under division (A) of section 5715.19
of the Revised Code if the home was real property may file a
complaint against the true value of the home as appraised under this
section. The complaint shall be filed with the county auditor on or
before the thirty-first day of March of the current tax year or the
date of closing of the collection for the first half of manufactured
home taxes for the current tax year, whichever is later. The auditor
shall present to the county board of revision all complaints filed
with the auditor under this section. The board shall hear and
investigate the complaint and may take action on it as provided under
sections 5715.11 to 5715.19 of the Revised Code.

(c)
If the county board of revision determines, pursuant to a complaint
against the valuation of a manufactured or mobile home filed under
this section, that the amount of taxes, assessments, or other charges
paid was in excess of the amount due based on the valuation as
finally determined, then the overpayment shall be refunded in the
manner prescribed in section 5715.22 of the Revised Code.

(d)
Payment of all or part of a tax under this section for any year for
which a complaint is pending before the county board of revision does
not abate the complaint or in any way affect the hearing and
determination thereof.

(M)
If the county auditor determines that any tax or other charge or any
part thereof has been erroneously charged as a result of a clerical
error as defined in section 319.35 of the Revised Code, the county
auditor shall call the attention of the county board of revision to
the erroneous charges. If the board finds that the taxes or other
charges have been erroneously charged or collected, it shall certify
the finding to the auditor. Upon receipt of the certification, the
auditor shall remove the erroneous charges on the manufactured home
tax list or delinquent manufactured home tax list in the same manner
as is prescribed in section 319.35 of the Revised Code for erroneous
charges against real property, and refund any erroneous charges that
have been collected, with interest, in the same manner as is
prescribed in section 319.36 of the Revised Code for erroneous
charges against real property.

(N)
As used in this section and section 4503.061 of the Revised Code:

(1)
"Manufactured home taxes" includes taxes, penalties, and
interest charged under division (C) or (G) of this section and any
penalties charged under division (G) or (H)(5) of section 4503.061 of
the Revised Code.

(2)
"Current taxes" means all manufactured home taxes charged
against a manufactured or mobile home that have not appeared on the
manufactured home tax list for any prior year. Current taxes become
delinquent taxes if they remain unpaid after the last day prescribed
for payment of the second installment of current taxes without
penalty, whether or not they have been certified delinquent.

(3)
"Delinquent taxes" means:

(a)
Any manufactured home taxes that were charged against a manufactured
or mobile home for a prior year, including any penalties or interest
charged for a prior year and the costs of publication under division
(H)(2) of this section, and that remain unpaid;

(b)
Any current manufactured home taxes charged against a manufactured or
mobile home that remain unpaid after the last day prescribed for
payment of the second installment of current taxes without penalty,
whether or not they have been certified delinquent, including any
penalties or interest and the costs of publication under division
(H)(2) of this section.

Sec.
4503.0610.
(A)
If a board of county commissioners adopts a resolution granting a
partial real property tax exemption under section 323.158 of the
Revised Code, it also shall adopt a resolution under this section
granting a partial manufactured home tax exemption. The partial
exemption shall take the form of a reduction each year in the
manufactured home tax charged against each manufactured home in the
county under section 4503.06 of the Revised Code, by the same
percentage by which real property taxes were reduced for the
preceding year in the resolution adopted under section 323.158 of the
Revised Code. Upon adopting the resolution under this section, the
board shall certify copies of it to the county auditor and the tax
commissioner.

(B)
After complying with sections

319.304,

4503.06
,

and 4503.065 of the Revised Code, the county auditor shall reduce the
remaining sum to be levied against a manufactured home by the
percentage called for in the resolution adopted under division (A) of
this section. The auditor shall certify the amount of tax remaining
after the reduction to the county treasurer for collection as the
manufactured home tax charged and payable on the manufactured home.

(C)
For each tax year, the county auditor shall certify to the board of
county commissioners the total amount by which manufactured home
taxes are reduced under this section. At the time of each semi-annual
distribution of manufactured home taxes in the county, the board
shall pay to the auditor one-half of that total amount. Upon receipt
of the payment, the auditor shall distribute it among the various
taxing districts in the county as though it had been levied and
collected as manufactured home taxes. The board shall make the
payment from the county general fund or from any other county revenue
that may be used for that purpose.

(D)
If a board of county commissioners repeals a resolution adopted under
section 323.158 of the Revised Code, it also shall repeal the
resolution adopted under this section.

Sec.
4503.0611.
Whenever
it is made to appear to the county auditor, based on inspection by
the county auditor or based on notice provided to the county auditor,
on a form prescribed by the department of taxation, by an owner of
the manufactured home or two disinterested persons who are residents
of the township or municipal corporation in which the manufactured
home is or was situated, that the home is subject to taxation for the
current year under section 4503.06 of the Revised Code and has been
destroyed or injured after the first day of January of the current
year, the county auditor shall investigate the matter, and shall
refund or waive the payment of the current year's taxes on such home
as prescribed by divisions (A) and (B) of this section.
Such
notice may also be provided by the manufactured home park operator,
as defined in section 4781.01 of the Revised Code, if applicable,
provided the notice is accompanied by photographic evidence.
If
a form has not been filed with the county auditor by
either

an
owner
,
manufactured home park operator,

or two disinterested persons but it appears to the county auditor,
based on an inspection and investigation, that the owner's
manufactured home is subject to taxation for the current year under
section 4503.06 of the Revised Code and has been destroyed or injured
after the first day of January of the current year, the auditor may
complete the form on behalf of an owner.

To
obtain a deduction under this section, an owner
,
manufactured home park operator,

or two disinterested persons shall file the form with the county
auditor, or the county auditor shall complete the form on behalf of
an owner, not later than the thirty-first day of January of the year
after the year in which the manufactured home was injured or
destroyed.

(A)
If the auditor determines the injury or destruction occurred during
the first half of the calendar year, the auditor shall deduct from
the taxes payable on the manufactured home for the current year an
amount that, in the county auditor's judgment, bears the same ratio
to those taxes as the extent of the injury or destruction bears to
the cost or market value of the manufactured home. The auditor shall
draw a warrant on the county treasurer to refund that amount. If the
taxes have not been paid at the time of the auditor's determination,
the auditor may waive the payment of the portion of the tax that
would otherwise be refunded under this division.

(B)
If the auditor determines the injury or destruction occurred during
the second half of the calendar year, the auditor shall deduct from
the taxes payable on the manufactured home for the current year
one-half of the amount that, in the county auditor's judgment, bears
the same ratio to those taxes as the extent of the injury or
destruction bears to the cost or market value of the manufactured
home. The auditor shall draw a warrant on the county treasurer to
refund that amount. If the taxes have not been paid at the time of
the auditor's determination, the auditor may waive the payment of the
portion of the tax that would otherwise be refunded under this
division.

(C)
Taxes refunded under this section shall be paid from the county
undivided general property tax fund.

Sec.
4503.10.
(A)
The owner of every snowmobile, off-highway motorcycle, and
all-purpose vehicle required to be registered under section 4519.02
of the Revised Code shall file an application for registration under
section 4519.03 of the Revised Code. The owner of a motor vehicle,
other than a snowmobile, off-highway motorcycle, or all-purpose
vehicle, that is not designed and constructed by the manufacturer for
operation on a street or highway may not register it under this
chapter except upon certification of inspection pursuant to section
4513.02 of the Revised Code by the sheriff, or the chief of police of
the municipal corporation or township, with jurisdiction over the
political subdivision in which the owner of the motor vehicle
resides. Except as provided in sections 4503.103 and 4503.107 of the
Revised Code, every owner of every other motor vehicle not previously
described in this section and every person mentioned as owner in the
last certificate of title of a motor vehicle that is operated or
driven upon the public roads or highways shall cause to be filed each
year, by mail or otherwise, in the office of the registrar of motor
vehicles or a deputy registrar, a written or electronic application
or a preprinted registration renewal notice issued under section
4503.102 of the Revised Code, the form of which shall be prescribed
by the registrar, for registration for the following registration
year, which shall begin on the first day of January of every calendar
year and end on the thirty-first day of December in the same year.
Applications for registration and registration renewal notices shall
be filed at the times established by the registrar pursuant to
section 4503.101 of the Revised Code. A motor vehicle owner also may
elect to apply for or renew a motor vehicle registration by
electronic means using electronic signature in accordance with rules
adopted by the registrar. Except as provided in division (J) of this
section, applications for registration shall be made on blanks
furnished by the registrar for that purpose, containing the following
information:

(1)
A brief description of the motor vehicle to be registered, including
the year, make, model, and vehicle identification number, and, in the
case of commercial cars, the gross weight of the vehicle fully
equipped computed in the manner prescribed in section 4503.08 of the
Revised Code;

(2)
The name and residence address of the owner, and the township and
municipal corporation in which the owner resides;

(3)
The district of registration, which shall be determined as follows:

(a)
In case the motor vehicle to be registered is used for hire or
principally in connection with any established business or branch
business, conducted at a particular place, the district of
registration is the municipal corporation in which that place is
located or, if not located in any municipal corporation, the county
and township in which that place is located.

(b)
In case the vehicle is not so used, the district of registration is
the municipal corporation or county in which the owner resides at the
time of making the application.

(4)
Whether the motor vehicle is a new or used motor vehicle;

(5)
The date of purchase of the motor vehicle;

(6)
Whether the fees required to be paid for the registration or transfer
of the motor vehicle, during the preceding registration year and
during the preceding period of the current registration year, have
been paid. Each application for registration shall be signed by the
owner, either manually or by electronic signature, or pursuant to
obtaining a limited power of attorney authorized by the registrar for
registration, or other document authorizing such signature. If the
owner elects to apply for or renew the motor vehicle registration
with the registrar by electronic means, the owner's manual signature
is not required.

(7)
The owner's social security number, driver's license number, or state
identification number, or, where a motor vehicle to be registered is
used for hire or principally in connection with any established
business, the owner's federal taxpayer identification number. The
bureau of motor vehicles shall retain in its records all social
security numbers provided under this section, but the bureau shall
not place social security numbers on motor vehicle certificates of
registration.

(8)
Whether the applicant wishes to certify willingness to make an
anatomical gift if an applicant has not so certified under section
2108.05 of the Revised Code. The applicant's response shall not be
considered in the decision of whether to approve the application for
registration.

(B)(1)
When an applicant first registers a motor vehicle in the applicant's
name, the applicant shall provide proof of ownership of that motor
vehicle. Proof of ownership may include any of the following:

(a)
The applicant may present for inspection a physical certificate of
title or memorandum certificate showing title to the motor vehicle to
be registered in the name of the applicant.

(b)
The applicant may present for inspection an electronic certificate of
title for the applicant's motor vehicle in a manner prescribed by
rules adopted by the registrar.

(c)
The registrar or deputy registrar may electronically confirm the
applicant's ownership of the motor vehicle.

An
applicant is not required to present a certificate of title to an
electronic motor vehicle dealer acting as a limited authority deputy
registrar in accordance with rules adopted by the registrar.

(2)
When a motor vehicle inspection and maintenance program is in effect
under section 3704.14 of the Revised Code and rules adopted under it,
each application for registration for a vehicle required to be
inspected under that section and those rules shall be accompanied by
an inspection certificate or alternative emissions certificate for
the motor vehicle issued in accordance with that section.

(3)
An application for registration shall be refused if any of the
following applies:

(a)
The application is not in proper form.

(b)
The application is prohibited from being accepted by division (D) of
section 2935.27, division (A) of section 4503.13, division (B) of
section 4510.22, division (D) of section 4503.234, division (B)(1) of
section 4521.10, or division (B) of section 5537.041 of the Revised
Code.

(c)
Proof of ownership is required but is not presented or confirmed in
accordance with division (B)(1) of this section.

(d)
All registration and transfer fees for the motor vehicle, for the
preceding year or the preceding period of the current registration
year, have not been paid.

(e)
The owner or lessee does not have an inspection certificate or
alternative emissions certificate for the motor vehicle as provided
in section 3704.14 of the Revised Code, and rules adopted under it,
if that section is applicable.

(4)
This section does not require the payment of license or registration
taxes on a motor vehicle for any preceding year, or for any preceding
period of a year, if the motor vehicle was not taxable for that
preceding year or period under sections 4503.02, 4503.04, 4503.11,
4503.12, and 4503.16 or Chapter 4504. of the Revised Code.

(5)
When a certificate of registration is issued upon the first
registration of a motor vehicle by or on behalf of the owner, the
official issuing the certificate shall indicate the issuance with a
stamp on the certificate of title or memorandum certificate or, in
the case of an electronic certificate of title or electronic
verification of ownership, an electronic stamp or other notation as
specified in rules adopted by the registrar, and with a stamp on the
inspection certificate for the motor vehicle, if any.

(6)
The official also shall indicate, by a stamp or by other means the
registrar prescribes, on the registration certificate issued upon the
first registration of a motor vehicle by or on behalf of the owner
the odometer reading of the motor vehicle as shown in the odometer
statement included in or attached to the certificate of title. Upon
each subsequent registration of the motor vehicle by or on behalf of
the same owner, the official also shall so indicate the odometer
reading of the motor vehicle as shown on the immediately preceding
certificate of registration.

(7)
The registrar shall include in the permanent registration record of
any vehicle required to be inspected under section 3704.14 of the
Revised Code the inspection certificate number from the inspection
certificate or the alternative emissions certificate number from the
alternative emissions certificate that is presented at the time of
registration of the vehicle as required under this division.

(C)(1)

Except
as otherwise provided in division (C)(1) of this section, the
The

registrar
and each deputy registrar shall collect
an

the
following
additional

fee
of eleven dollars
fees

for
each application for registration and registration renewal received
.
:

(a)
Except as provided in division (C)(1)(b) of this section, a fee of
eleven dollars on or before December 31, 2025, and a fee of sixteen
dollars on and after January 1, 2026;

(b)

For vehicles specified in divisions (A)(1) to (21) of section
4503.042 of the Revised Code,
the
registrar and deputy registrar shall collect an additional
a

fee
of thirty dollars
for
each application for registration and registration renewal received
on
or before December 31, 2025, and a fee of thirty-five dollars on and
after January 1, 2026
.

No
additional fee shall be charged for vehicles registered under section
4503.65 of the Revised Code.
The

Each

additional
fee is for the purpose of defraying the department of public safety's
costs associated with the administration and enforcement of the motor
vehicle and traffic laws of Ohio. Each deputy registrar shall
transmit the fees collected under divisions (C)(1) and (3) of this
section in the time and manner provided in this section. The
registrar shall deposit all moneys received under division (C)(1) of
this section into the public safety - highway purposes fund
established in section 4501.06 of the Revised Code.

(2)
In addition, a charge of twenty-five cents shall be made for each
reflectorized safety license plate issued, and a single charge of
twenty-five cents shall be made for each county identification
sticker or each set of county identification stickers issued, as the
case may be, to cover the cost of producing the license plates and
stickers, including material, manufacturing, and administrative
costs. Those fees shall be in addition to the license tax. If the
total cost of producing the plates is less than twenty-five cents per
plate, or if the total cost of producing the stickers is less than
twenty-five cents per sticker or per set issued, any excess moneys
accruing from the fees shall be distributed in the same manner as
provided by section 4501.04 of the Revised Code for the distribution
of license tax moneys. If the total cost of producing the plates
exceeds twenty-five cents per plate, or if the total cost of
producing the stickers exceeds twenty-five cents per sticker or per
set issued, the difference shall be paid from the license tax moneys
collected pursuant to section 4503.02 of the Revised Code.

(3)
The registrar and each deputy registrar shall collect the following
additional fee, as applicable, for each application for registration
or registration renewal received for any hybrid motor vehicle,
plug-in hybrid electric motor vehicle, or battery electric motor
vehicle:

(a)
One hundred dollars for a hybrid motor vehicle;

(b)
One hundred fifty dollars for a plug-in hybrid electric motor
vehicle;

(c)
Two hundred dollars for a battery electric motor vehicle.

Each
fee imposed under this division shall be prorated based on the number
of months for which the vehicle is registered. The registrar shall
transmit all money arising from each fee to the treasurer of state
for distribution in accordance with division (E) of section 5735.051
of the Revised Code, subject to division (D) of section 5735.05 of
the Revised Code.

(D)
Each deputy registrar shall be allowed a fee equal to the amount
established under section 4503.038 of the Revised Code for each
application for registration and registration renewal notice the
deputy registrar receives, which shall be for the purpose of
compensating the deputy registrar for the deputy registrar's
services, and such office and rental expenses, as may be necessary
for the proper discharge of the deputy registrar's duties in the
receiving of applications and renewal notices and the issuing of
registrations.

(E)
Upon the certification of the registrar, the county sheriff or local
police officials shall recover license plates erroneously or
fraudulently issued.

(F)
Each deputy registrar, upon receipt of any application for
registration or registration renewal notice, together with the
license fee and any local motor vehicle license tax levied pursuant
to Chapter 4504. of the Revised Code, shall transmit that fee and
tax, if any, in the manner provided in this section, together with
the original and duplicate copy of the application, to the registrar.
The registrar, subject to the approval of the director of public
safety, may deposit the funds collected by those deputies in a local
bank or depository to the credit of the "state of Ohio, bureau
of motor vehicles." Where a local bank or depository has been
designated by the registrar, each deputy registrar shall deposit all
moneys collected by the deputy registrar into that bank or depository
not more than one business day after their collection and shall make
reports to the registrar of the amounts so deposited, together with
any other information, some of which may be prescribed by the
treasurer of state, as the registrar may require and as prescribed by
the registrar by rule. The registrar, within three days after receipt
of notification of the deposit of funds by a deputy registrar in a
local bank or depository, shall draw on that account in favor of the
treasurer of state. The registrar, subject to the approval of the
director and the treasurer of state, may make reasonable rules
necessary for the prompt transmittal of fees and for safeguarding the
interests of the state and of counties, townships, municipal
corporations, and transportation improvement districts levying local
motor vehicle license taxes. The registrar may pay service charges
usually collected by banks and depositories for such service. If
deputy registrars are located in communities where banking facilities
are not available, they shall transmit the fees forthwith, by money
order or otherwise, as the registrar, by rule approved by the
director and the treasurer of state, may prescribe. The registrar may
pay the usual and customary fees for such service.

(G)
This section does not prevent any person from making an application
for a motor vehicle license directly to the registrar by mail, by
electronic means, or in person at any of the registrar's offices,
upon payment of a service fee equal to the amount established under
section 4503.038 of the Revised Code for each application.

(H)
No person shall make a false statement as to the district of
registration in an application required by division (A) of this
section. Violation of this division is falsification under section
2921.13 of the Revised Code and punishable as specified in that
section.

(I)(1)
Where applicable, the requirements of division (B) of this section
relating to the presentation of an inspection certificate issued
under section 3704.14 of the Revised Code and rules adopted under it
for a motor vehicle, the refusal of a license for failure to present
an inspection certificate or alternative emissions certificate, and
the stamping of the inspection certificate or alternative emissions
certificate by the official issuing the certificate of registration
apply to the registration of and issuance of license plates for a
motor vehicle under sections 4503.102, 4503.12, 4503.14, 4503.15,
4503.16, 4503.171, 4503.172, 4503.19, 4503.40, 4503.41, 4503.42,
4503.43, 4503.44, 4503.46, 4503.47, and 4503.51 of the Revised Code.

(2)(a)
The registrar shall adopt rules ensuring that each owner registering
a motor vehicle in a county where a motor vehicle inspection and
maintenance program is in effect under section 3704.14 of the Revised
Code and rules adopted under it receives information about the
requirements established in that section and those rules and about
the need in those counties to present an inspection certificate or an
alternative emissions certificate with an application for
registration or preregistration.

(b)
Upon request, the registrar shall provide the director of
environmental protection, or any person that has been awarded a
contract under section 3704.14 of the Revised Code, an on-line
computer data link to registration information for all passenger
cars, noncommercial motor vehicles, and commercial cars that are
subject to that section. The registrar also shall provide to the
director of environmental protection a magnetic data tape containing
registration information regarding passenger cars, noncommercial
motor vehicles, and commercial cars for which a multi-year
registration is in effect under section 4503.103 of the Revised Code
or rules adopted under it, including, without limitation, the date of
issuance of the multi-year registration, the registration deadline
established under rules adopted under section 4503.101 of the Revised
Code that was applicable in the year in which the multi-year
registration was issued, and the registration deadline for renewal of
the multi-year registration.

(J)
Subject to division (K) of this section, application for registration
under the international registration plan, as set forth in sections
4503.60 to 4503.66 of the Revised Code, shall be made to the
registrar on forms furnished by the registrar. In accordance with
international registration plan guidelines and pursuant to rules
adopted by the registrar, the forms shall include the following:

(1)
A uniform mileage schedule;

(2)
The gross vehicle weight of the vehicle or combined gross vehicle
weight of the combination vehicle as declared by the registrant;

(3)
Any other information the registrar requires by rule.

(K)
The registrar shall determine the feasibility of implementing an
electronic commercial fleet licensing and management program that
will enable the owners of commercial tractors, commercial trailers,
and commercial semitrailers to conduct electronic transactions by
July 1, 2010, or sooner. If the registrar determines that
implementing such a program is feasible, the registrar shall adopt
new rules under this division or amend existing rules adopted under
this division as necessary in order to respond to advances in
technology.

If
international registration plan guidelines and provisions allow
member jurisdictions to permit applications for registrations under
the international registration plan to be made via the internet, the
rules the registrar adopts under this division shall permit such
action.

Sec.
4503.102.
(A)
(A)(1)

The registrar of motor vehicles
shall

may

adopt
rules to establish a centralized system of motor vehicle registration

for
initial registration, registration
renewal
,
and transfer of registration,

by mail or by electronic means.
Any

(2)
Any person applying electronically for initial registration or for
transfer of registration may submit all associated documents
electronically through the centralized system of motor vehicle
registration established under this section. The registrar or a
deputy registrar shall verify and authenticate such documents.

(3)
Any
person
owning a motor vehicle that was registered in the person's name
during the preceding registration year shall renew the registration
of the motor vehicle not more than ninety days prior to the
expiration date of the registration
either
by
through
one of the following:

(a)
By
mail
or by electronic means through the centralized system of registration
established under this section
,
or in
;

(b)
In
person
at any office of the registrar or at a deputy registrar's office.

(B)(1)
Except as provided in division (B)(2) of this section, no less than
forty-five days prior to the expiration date of any motor vehicle
registration, the registrar shall mail a renewal notice to the person
in whose name the motor vehicle is registered. The renewal notice
shall clearly state that the registration of the motor vehicle may be
renewed by mail or electronic means through the centralized system of
registration or in person at any office of the registrar or at a
deputy registrar's office and shall be preprinted with information
including, but not limited to, the owner's name and residence address
as shown in the records of the bureau of motor vehicles, a brief
description of the motor vehicle to be registered, notice of the
license taxes and fees due on the motor vehicle, the toll-free
telephone number of the registrar as required under division (D)(1)
of section 4503.031 of the Revised Code,
a
statement that payment for a renewal may be made by financial
transaction device using the toll-free telephone number,
and
any additional information the registrar may require by rule. The
renewal notice shall not include the social security number of either
the owner of the motor vehicle or the person in whose name the motor
vehicle is registered. The renewal notice shall be sent by regular
mail to the owner's last known address as shown in the records of the
bureau of motor vehicles.

(2)
The registrar is not required to mail a renewal notice if either of
the following applies:

(a)
The owner of the vehicle has consented to receiving the renewal
notice by electronic means only.

(b)
The application for renewal of the registration of a motor vehicle is
prohibited from being accepted by the registrar or a deputy registrar
by division (D) of section 2935.27, division (A) of section 4503.13,
division (B) of section 4510.22, division (D) of section 4503.234,
division (B)(1) of section 4521.10, or division (B) of section
5537.041 of the Revised Code.

(3)
If the owner of a motor vehicle has consented to receiving a renewal
notice by electronic means only, the registrar shall send an
electronic renewal notice to the owner that contains the information
specified in division (B)(1) of this section at the time specified
under that division.

(C)
The owner of the motor vehicle shall verify the information contained
in the notice, sign it either manually or by electronic means, and
return it, either by mail or electronic means, or the owner may take
it in person to any office of the registrar or of a deputy registrar.
The owner shall include with the notice a financial transaction
device number when renewing in person or by electronic means but not
by mail, check, or money order in the amount of the registration
taxes and fees payable on the motor vehicle and a service fee equal
to the amount established under section 4503.038 of the Revised Code,
plus postage as indicated on the notice if the registration is
renewed or fulfilled by mail, and an inspection certificate or
alternative emissions certificate for the motor vehicle as provided
in section 3704.14 of the Revised Code.
For
purposes of the centralized system of motor vehicle registration, the
registrar shall accept payments via the toll-free telephone number
established under division (D)(1) of section 4503.031 of the Revised
Code for renewals made by mail.
If
the motor vehicle owner chooses to renew the motor vehicle
registration by electronic means, the owner shall proceed in
accordance with the rules the registrar adopts.

(D)
If all registration and transfer fees for the motor vehicle for the
preceding year or the preceding period of the current registration
year have not been paid, if division (D) of section 2935.27, division
(A) of section 4503.13, division (B) of section 4510.22, division (D)
of section 4503.234, division (B)(1) of section 4521.10, or division
(B) of section 5537.041 of the Revised Code prohibits acceptance of
the renewal notice, or if the owner or lessee does not have an
inspection certificate or alternative emissions certificate for the
motor vehicle as provided in section 3704.14 of the Revised Code, if
that section is applicable, the license shall be refused, and the
registrar or deputy registrar shall so notify the owner. This section
does not require the payment of license or registration taxes on a
motor vehicle for any preceding year, or for any preceding period of
a year, if the motor vehicle was not taxable for that preceding year
or period under section 4503.02, 4503.04, 4503.11, 4503.12, or
4503.16 or Chapter 4504. of the Revised Code.

(E)(1)
Failure to receive a renewal notice does not relieve a motor vehicle
owner from the responsibility to renew the registration for the motor
vehicle. Any person who has a motor vehicle registered in this state
and who does not receive a renewal notice as provided in division (B)
of this section prior to the expiration date of the registration
shall request an application for registration from the registrar or a
deputy registrar and sign the application manually or by electronic
means and submit the application and pay any applicable license taxes
and fees to the registrar or deputy registrar.

(2)
If the owner of a motor vehicle submits an application for
registration and the registrar is prohibited by division (D) of
section 2935.27, division (A) of section 4503.13, division (B) of
section 4510.22, division (D) of section 4503.234, division (B)(1) of
section 4521.10, or division (B) of section 5537.041 of the Revised
Code from accepting the application, the registrar shall return the
application and the payment to the owner. If the owner of a motor
vehicle submits a registration renewal application to the registrar
by electronic means and the registrar is prohibited from accepting
the application as provided in this division, the registrar shall
notify the owner of this fact and deny the application and return the
payment or give a credit on the financial transaction device account
of the owner in the manner the registrar prescribes by rule adopted
pursuant to division (A) of this section.

(F)
Every deputy registrar shall post in a prominent place at the
deputy's office a notice informing the public of the mail
registration system required by this section and also shall post a
notice that every owner of a motor vehicle and every chauffeur
holding a certificate of registration is required to notify the
registrar in writing of any change of residence within ten days after
the change occurs. The notice shall be in such form as the registrar
prescribes by rule.

(G)
(G)(1)

The service fee equal to the amount established under section
4503.038 of the Revised Code that is collected from a person who
renews a motor vehicle registration by electronic means or by mail,
plus postage collected by the registrar and any financial transaction
device surcharge collected by the registrar, shall be paid to the
credit of the public safety - highway purposes fund established by
section 4501.06 of the Revised Code.

(2)
A person who submits an initial registration or a transfer of
registration by electronic means under this section shall pay a
service fee equal to the amount established under section 4503.038 of
the Revised Code, any necessary postage costs, and any financial
transaction device surcharge, as applicable. The service fee
collected shall be paid either to the registrar or to the deputy
registrar that verifies and authenticates the submitted documents in
accordance with division (A)(2) of this section. If the registrar
authorizes a deputy registrar to mail the certificate of registration
and any associated license plate to the applicant, the postage costs
shall be paid to that deputy registrar.

(H)(1)
Pursuant to section 113.40 of the Revised Code, the registrar shall
implement a program permitting payment of motor vehicle registration
taxes and fees, driver's license and commercial driver's license
fees, and any other taxes, fees, penalties, or charges imposed or
levied by the state by means of a financial transaction device for
transactions occurring online, at any office of the registrar, and at
all deputy registrar locations. The program shall take effect not
later than July 1, 2016. The registrar shall adopt rules as necessary
for this purpose, but all such rules are subject to any action,
policy, or procedure of the board of deposit or treasurer of state
taken or adopted under section 113.40 of the Revised Code.

(2)
The rules adopted under division (H)(1) of this section shall require
a deputy registrar to accept payments by means of a financial
transaction device beginning on the effective date of the rules
unless the deputy registrar contract entered into by the deputy
registrar prohibits the acceptance of such payments by financial
transaction device. However, commencing with deputy registrar
contract awards that have a start date of July 1, 2016, and for all
contract awards thereafter, the registrar shall require that the
proposer accept payment by means of a financial transaction device,
including credit cards and debit cards, for all department of public
safety transactions conducted at that deputy registrar location.

The
bureau and deputy registrars are not required to pay any costs that
result from accepting payment by means of a financial transaction
device. A deputy registrar may charge a person who tenders payment
for a department transaction by means of a financial transaction
device any cost the deputy registrar incurs from accepting payment by
the financial transaction device, but the deputy registrar shall not
require the person to pay any additional fee of any kind in
connection with the use by the person of the financial transaction
device.

(3)
In accordance with division (H)(1) of this section and rules adopted
by the registrar under that division, a county auditor or clerk of a
court of common pleas that is designated a deputy registrar shall
accept payment by means of a financial transaction device, including
credit cards and debit cards, for all department transactions
conducted at the office of the county auditor or clerk in the county
auditor's or clerk's capacity as deputy registrar. The bureau is not
required to pay any costs incurred by a county auditor or clerk that
result from accepting payment by means of a financial transaction
device for any department transaction.

(I)
For persons who reside in counties where tailpipe emissions
inspections are required under the motor vehicle inspection and
maintenance program, the notice required by division (B) of this
section shall also include the toll-free telephone number maintained
by the Ohio environmental protection agency to provide information
concerning the locations of emissions testing centers. The registrar
also shall include a statement in the notice that a battery electric
motor vehicle is not required to undergo emissions inspection under
the motor vehicle inspection and maintenance program established
under section 3704.14 of the Revised Code.

Sec.
4503.29.
(A)
The director of veterans services in conjunction with the registrar
of motor vehicles shall develop and maintain a program to establish
and issue specialty license plates recognizing military service and
military honors pertaining to valor and service.

(B)
The director and the registrar shall jointly adopt rules in
accordance with Chapter 119. of the Revised Code for purposes of
establishing the program under this section. The director and
registrar shall adopt the rules as soon as possible after June 29,
2018, but not later than nine months after June 29, 2018. The rules
shall do all of the following:

(1)
Establish specialty license plates recognizing military service;

(2)
Establish specialty license plates recognizing military honors
pertaining to valor and service;

(3)
Establish eligibility criteria that apply to each specialty license
plate issued under this section;

(4)
Establish requirements governing any necessary documentary evidence
required to be presented by an applicant for a specialty license
plate issued under this section. The rules shall allow an applicant
to present a veterans identification card issued in accordance with
section 317.241 of the Revised Code in lieu of a copy of the
applicant's DD-214 or an equivalent document. An applicant may be
required to present additional evidence if the veterans
identification card does not show all of the information needed for
issuance of the specific nonstandard license plate requested by the
applicant.

(5)
Establish guidelines for the designs, markings, and inscriptions on a
specialty license plate established under this section;

(6)
Establish procedures for altering the designs, markings, or
inscriptions on a specialty license plate established under this
section;

(7)
Prohibit specialty license plates established under this section from
recognizing achievement awards or unit awards;

(8)
Establish any other procedures or requirements that are necessary for
the implementation and administration of this section.

(C)
The rules adopted under division (B) of this section shall provide
for the establishment of the military specialty license plates
created prior to June 29, 2018, that are no longer codified in the
Revised Code.

(D)(1)
Any person who meets the applicable qualifications for the issuance
of a specialty license plate established by rule adopted under
division (B) of this section may apply to the registrar of motor
vehicles for the registration of any passenger car, noncommercial
motor vehicle, recreational vehicle, or other vehicle the person owns
or leases of a class approved by the registrar. The application may
be combined with a request for a special reserved license plate under
section 4503.40 or 4503.42 of the Revised Code.

(2)(a)
Except as provided in division (D)(2)(b) of this section, upon
receipt of an application for registration of a motor vehicle under
this section and the required taxes and fees, compliance with all
applicable laws relating to the registration of a motor vehicle, and,
if necessary, upon presentation of the required documentary evidence,
the registrar shall issue to the applicant the appropriate motor
vehicle registration and a set of license plates and a validation
sticker, or a validation sticker alone when required by section
4503.191 of the Revised Code.

(b)
Any disabled veteran who qualifies to apply to the registrar for the
registration of a motor vehicle under section 4503.41 of the Revised
Code without the payment of any registration taxes or fees, may apply
instead for registration of the motor vehicle under this section. The
disabled veteran applying for registration under this section is not
required to pay any registration taxes or fees as required by
sections 4503.038, 4503.04, 4503.10, 4503.102, and 4503.103 of the
Revised Code, any local motor vehicle tax levied under Chapter 4504.
of the Revised Code,
or

any
fee charged under section 4503.19 of the Revised Code for up to two
motor vehicles, including any motor vehicle registered under section
4503.41 of the Revised Code
,
or any fees associated with transferring a registration under section
4503.12 of the Revised Code
.
Upon receipt of an application for registration of the motor vehicle
and presentation of any documentation the registrar may require by
rule, the registrar shall issue to the applicant the appropriate
motor vehicle registration and a set of license plates authorized
under this section and a validation sticker, or a validation sticker
alone when required by section 4503.191 of the Revised Code.

(3)
The license plates shall display county identification stickers that
identify the county of registration as required under section 4503.19
of the Revised Code.

Sec.
4503.41.
(A)
Any disabled veteran who, because of a service-connected disability,
has been or is awarded funds for the purchase of a motor vehicle
under the "Disabled Veterans' and Servicemen's Automobile
Assistance Act of 1970," 84 Stat. 1998, 38 U.S.C. 1901, and
amendments thereto, and any disabled veteran having a
service-connected disability
either

rated

or
compensated
at
one hundred per cent by the veterans' administration, may apply to
the registrar for the registration of the disabled veteran's personal
motor vehicle. Except as provided in division (C) of this section, a
disabled veteran is not required to pay any registration fee and
service fee as required by sections 4503.038, 4503.04, 4503.10,
4503.102, and 4503.103 of the Revised Code, any local motor vehicle
tax levied under Chapter 4504. of the Revised Code,
or

any
fee charged under section 4503.19 of the Revised Code
,
or any fees associated with transferring a registration under section
4503.12 of the Revised Code
.
The application for registration shall be accompanied by such
documentary evidence of disability as the registrar may require by
rule.

(B)
Upon the receipt of an application for registration of a motor
vehicle under this section, and presentation of satisfactory evidence
of disability, the registrar or deputy registrar shall issue to the
applicant a set of license plates, which shall be red, white, and
blue in color and shall, in addition to the letters and numbers
ordinarily inscribed thereon, be inscribed with the word "veteran"
and imprinted with the international wheelchair symbol.

(C)
A disabled veteran who is eligible to register a motor vehicle under
this section may register as many vehicles as are titled and
registered in that disabled veteran's name. For each additional
registration after the first registration, the registrar or deputy
registrar shall collect any applicable fee imposed in sections
4503.038, 4503.04, 4503.10, 4503.102, 4503.103, and 4503.19 of the
Revised Code, and any local motor vehicle tax levied under Chapter
4504. of the Revised Code.

Sec.
4503.579.
(A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, or other vehicle of a class approved
by the registrar of motor vehicles may apply to the registrar for the
registration of the vehicle and issuance of "National Council of
Negro Women" license plates. The application may be combined
with a request for a special reserved license plate under section
4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed
application and compliance by the applicant with divisions (B) and
(C) of this section, the registrar shall issue to the applicant the
appropriate vehicle registration and a set of "National Council
of Negro Women" license plates and a validation sticker, or a
validation sticker alone when required by section 4503.191 of the
Revised Code.

In
addition to the letters and numbers ordinarily inscribed on the
license plates, "National Council of Negro Women" license
plates shall display an appropriate logo and words selected by
representatives of the
national

Ohio
state coalition-national
council
of negro women, incorporated, and that are approved by the registrar.
"National Council of Negro Women" license plates shall
display county identification stickers that identify the county of
registration as required under section 4503.19 of the Revised Code.

(B)
"National Council of Negro Women" license plates and a
validation sticker, or validation sticker alone, shall be issued upon
receipt of an application for registration of a motor vehicle under
this section; payment of the regular license tax as prescribed under
section 4503.04 of the Revised Code, any applicable motor vehicle
license tax levied under Chapter 4504. of the Revised Code, any
applicable additional fee prescribed by section 4503.40 or 4503.42 of
the Revised Code, an additional administrative fee of ten dollars,
and a contribution as provided in division (C)(1) of this section;
and compliance with all other applicable laws relating to the
registration of motor vehicles.

(C)(1)
For each application for registration and registration renewal notice
the registrar receives under this section, the registrar shall
collect a contribution of twenty-five dollars. The registrar shall
deposit this contribution into the state treasury to the credit of
the license plate contribution fund created in section 4501.21 of the
Revised Code.

(2)
The registrar shall deposit the administrative fee of ten dollars,
the purpose of which is to compensate the bureau of motor vehicles
for additional services required in the issuing of "National
Council of Negro Women" license plates, into the state treasury
to the credit of the public safety - highway purposes fund created in
section 4501.06 of the Revised Code.

Sec.
4503.91.
(A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, or other vehicle of a class approved
by the registrar of motor vehicles may apply to the registrar for the
registration of the vehicle and issuance of "choose life"
license plates. The application for "choose life" license
plates may be combined with a request for a special reserved license
plate under section 4503.40 or 4503.42 of the Revised Code. Upon
receipt of the completed application and compliance with divisions
(B) and (C) of this section, the registrar shall issue to the
applicant the appropriate vehicle registration and a set of "choose
life" license plates with a validation sticker or a validation
sticker alone when required by section 4503.191 of the Revised Code.

In
addition to the letters and numbers ordinarily inscribed on license
plates, "choose life" license plates shall be inscribed
with the words "choose life" and a marking designed by
"choose life, inc.," a private, nonprofit corporation
incorporated in the state of Florida. The registrar shall review the
design and approve it if the design is feasible. If the design is not
feasible, the registrar shall notify "choose life, inc."
and the organization may resubmit designs until a feasible one is
approved. "Choose life" license plates shall bear county
identification stickers that identify the county of registration as
required under section 4503.19 of the Revised Code.

(B)
"Choose life" license plates and a validation sticker, or a
validation sticker alone, shall be issued upon receipt of a
contribution as provided in division (C) of this section and upon
payment of the regular license tax prescribed in section 4503.04 of
the Revised Code, any applicable motor vehicle tax levied under
Chapter 4504. of the Revised Code, any applicable additional fee
prescribed by section 4503.40 or 4503.42 of the Revised Code, a fee
of ten dollars for the purpose of compensating the bureau of motor
vehicles for additional services required in the issuing of "choose
life" license plates, and compliance with all other applicable
laws relating to the registration of motor vehicles.

(C)(1)
For each application for registration and registration renewal
received under this section, the registrar shall collect a
contribution of twenty dollars. The registrar shall transmit this
contribution to the treasurer of state for deposit in the "choose
life" fund created in section
3701.65

5180.72

of
the Revised Code.

(2)
The registrar shall deposit the additional fee of ten dollars
specified in division (B) of this section for the purpose of
compensating the bureau for the additional services required in
issuing "choose life" license plates in the public safety -
highway purposes fund created in section 4501.06 of the Revised Code.

Sec.
4505.07.
(A)
A physical certificate of title shall be printed upon a special paper
with a secure printing process or other secure process, for the
printing of motor vehicle titles, as required by section 2 of the
"Truth in Mileage Act of 1986," 100 Stat. 3309, 15 U.S.C.A.
1901 et seq.

An
electronic certificate of title is an electronic record stored in the
automated title processing system that established ownership of a
motor vehicle, as well as any security interests that exist in that
motor vehicle.

(B)
Every certificate of title shall bear the distinguishing number
assigned to the title, and shall contain, on the front of the
certificate, the following information:

(1)
An indication that the certificate is issued in this state;

(2)
The county in which the certificate is issued;

(3)
An indication that the certificate is an original, memorandum,
duplicate, or salvage certificate;

(4)
The date of issuance of the certificate;

(5)
The name and address of the owner, in full;

(6)
The name and address of the previous owner, in full;

(7)
The previous certificate of title number;

(8)
The state in which the vehicle previously was titled;

(9)
The make, body type, year, model, and vehicle identification number
of the vehicle;

(10)
First and second lien notation information, including the name and
address of the lienholder in full and the date of the lien notation;

(11)
For discharging and canceling the lien notation, a notice that
states: "lien discharge," a space for the signature of the
lienholder, the discharge date, a space for the signature of the
clerk of the court of common pleas, the cancellation date, and a
space for the notation of the deputy clerk;

(12)
The purchase price of the motor vehicle and the amount of Ohio sales
or use tax paid;

(13)
The mileage registered on the odometer and the status of the odometer
of the vehicle at the time the previous title was assigned;

(14)
A space for the seal of the clerk;

(15)
The signature of the clerk;

(16)
A space for the notation of the deputy clerk;

(17)
A space for other pertinent information as may be required by the
registrar of motor vehicles;

(18)
A consecutive number for control purposes;

(19)
In the case of a vehicle last previously registered in another state,
a space to be used for recording any notation applicable to the
vehicle and the abbreviation of the state in which the vehicle was
last registered, as required by divisions (B)(1) and (2) of section
4505.08 of the Revised Code;

(20)
In the case of a vehicle last previously registered in this state, a
space to be used for recording any information applicable to the
vehicle as required by division (C) of section 4505.08 of the Revised
Code or by rule of the registrar of motor vehicles adopted under that
division.

(C)
If the certificate of title is a duplicate certificate, that fact and
the original title number must be stated on the front of the
duplicate certificate.

(D)
If the certificate of title is a memorandum certificate, that fact
and the original title number must be stated on the front of the
memorandum certificate.

(E)
If the certificate of title is a salvage certificate, that fact and
the original title number must be stated on the front of the salvage
certificate.

(F)
The following information shall appear on the reverse side of each
certificate of title:

(1)
A notice in bold lettering that states: "ERASURES AND
ALTERATIONS VOID THIS TITLE ASSIGNMENT. (Type or print in ink.)";

(2)
The total consideration of the vehicle;

(3)
A disclosure that states: "I (we) certify the vehicle described
in this title was transferred for the price of $__________ to:"
and the printed name and address of the buyer in full;

(4)
An odometer certification statement that states: "Federal and
state laws require that you state the mileage in connection with
transfer of ownership. Failure to complete or providing false
information may result in fines and imprisonment."

The
odometer certification language as required by federal law and
division (C) of section 4505.06 of the Revised Code.

(5)
A disclosure that states: "I (we) warrant the title to be free
of all liens."

(6)
A space for the signature of the transferor and the transferor's
printed name and address in full;

(7)
A space for the seal of the clerk or a notary;

(8)
The acknowledgment statement of the clerk, the deputy clerk, or a
notary;

(9)
A space for the signature of the clerk, the deputy clerk, or a
notary;

(10)
The buyer's odometer acknowledgment statement, with a space for the
buyer's printed name and address;

(11)
A notice in bold lettering that states: "WARNING TO TRANSFEROR
AND TRANSFEREE (SELLER AND BUYER): You are required by law to state
the true selling price. A false statement is in violation of section
2921.13 of the Revised Code and is punishable by six months'
imprisonment or a fine of up to one thousand dollars, or both. All
transfers are audited by the department of taxation.

The
seller and buyer must provide any information requested by the
department of taxation. The buyer may be assessed any additional tax
found to be due."

(12)
An application for a certificate of title, memorandum certificate of
title, or salvage certificate of title, as prescribed by the
registrar, which shall include all of the following:

(a)
A disclosure that states: "Application for certificate of title
(type or print in ink)";

(b)
A disclosure that states: "Fee of $5.00 for failure to apply for
title within 30 days of assignment.";

(c)
A space for the applicant's printed name and address
:
;

(d)
A space for the applicant's social security number or employer's
identification number
;
.
The last four digits of the applicant's social security number is
sufficient if the application for title is for a salvage certificate
of title for an owner-retained vehicle or if the application is
accompanied by an application to transfer title to an insurance
company or a nonprofit corporation.

(e)
A space for the purchase price, tax paid, or tax exemption reason, or
dealer's permit number, and vendor's number, and condition of the
vehicle;

(f)
A disclosure statement that states: "Lien information: If no
lien state "none." If more than one lien, attach statement
of all additional liens.";

(g)
A space for the lienholder's name and address;

(h)
A disclosure statement that states: "I (we) state that all
information contained in this application is true and correct.";

(i)
A space for the applicant's signature;

(j)
A space for the acknowledgment statement of the clerk, the deputy
clerk, or a notary;

(k)
A space for the seal of the clerk or a notary;

(l)
A space for the signature of the clerk, the deputy clerk, or a
notary;

(m)
Any other pertinent information as may be required by the registrar.

Sec.
4505.09.
(A)(1)
The clerk of a court of common pleas shall charge and retain fees as
follows:

(a)
Five dollars for each certificate of title that is not applied for
within thirty days after the later of the assignment or delivery of
the motor vehicle described in it. The entire fee shall be retained
by the clerk.

(b)

Fifteen

Eighteen

dollars
,
or twenty-three dollars if a board of county commissioners adopts a
resolution authorizing the increased fee for that county,

for each certificate of title or duplicate certificate of title
including the issuance of a memorandum certificate of title, or
authorization to print a non-negotiable evidence of ownership
described in division (G) of section 4505.08 of the Revised Code,
non-negotiable evidence of ownership printed by the clerk under
division (H) of that section, and notation of any lien on a
certificate of title that is applied for at the same time as the
certificate of title. The clerk shall retain eleven dollars and fifty
cents of that fee for each certificate of title when there is a
notation of a lien or security interest on the certificate of title,
twelve dollars and twenty-five cents when there is no lien or
security interest noted on the certificate of title, and eleven
dollars and fifty cents for each duplicate certificate of title
.
If a board of county commissioners adopts a resolution authorizing a
twenty-three-dollar fee, the clerk shall retain the additional five
dollars of that fee
.

(c)
Four dollars and fifty cents for each certificate of title with no
security interest noted that is issued to a licensed motor vehicle
dealer for resale purposes and, in addition, a separate fee of fifty
cents. The clerk shall retain two dollars and twenty-five cents of
that fee.

(d)
Five dollars for each memorandum certificate of title or
non-negotiable evidence of ownership that is applied for separately.
The clerk shall retain that entire fee.

(2)
The fees that are not retained by the clerk shall be paid to the
registrar of motor vehicles by monthly returns, which shall be
forwarded to the registrar not later than the fifth day of the month
next succeeding that in which the certificate is issued or that in
which the registrar is notified of a lien or cancellation of a lien.

(B)(1)
The registrar shall pay twenty-five cents of the amount received for
each certificate of title issued to a motor vehicle dealer for
resale, one dollar for certificates of title issued with a lien or
security interest noted on the certificate of title, and twenty-five
cents for each certificate of title with no lien or security interest
noted on the certificate of title into the public safety - highway
purposes fund established in section 4501.06 of the Revised Code.

(2)
Fifty cents of the amount received for each certificate of title
shall be paid by the registrar as follows:

(a)
Four cents shall be paid into the state treasury to the credit of the
motor vehicle dealers board fund, which is hereby created. All
investment earnings of the fund shall be credited to the fund. The
moneys in the motor vehicle dealers board fund shall be used by the
motor vehicle dealers board created under section 4517.30 of the
Revised Code, together with other moneys appropriated to it, in the
exercise of its powers and the performance of its duties under
Chapter 4517. of the Revised Code, except that the director of budget
and management may transfer excess money from the motor vehicle
dealers board fund to the public safety - highway purposes fund if
the registrar determines that the amount of money in the motor
vehicle dealers board fund, together with other moneys appropriated
to the board, exceeds the amount required for the exercise of its
powers and the performance of its duties under Chapter 4517. of the
Revised Code and requests the director to make the transfer.

(b)
Thirty-one cents shall be paid into the highway operating fund
created by section 5735.051 of the Revised Code.

(c)
Fifteen cents shall be paid into the state treasury to the credit of
the motor vehicle sales audit fund, which is hereby created. The
moneys in the fund shall be used by the tax commissioner together
with other funds available to the commissioner to conduct a
continuing investigation of sales and use tax returns filed for motor
vehicles in order to determine if sales and use tax liability has
been satisfied. The commissioner shall refer cases of apparent
violations of section 2921.13 of the Revised Code made in connection
with the titling or sale of a motor vehicle and cases of any other
apparent violations of the sales or use tax law to the appropriate
county prosecutor whenever the commissioner considers it advisable.

(3)
Two dollars of the amount received by the registrar under divisions
(A)(1)(a), (b), and (d) of this section and one dollar and fifty
cents of the amount received by the registrar under division
(A)(1)(c) of this section for each certificate of title shall be paid
into the state treasury to the credit of the automated title
processing fund, which is hereby created and which shall consist of
moneys collected under division (B)(3) of this section and under
sections 1548.10 and 4519.59 of the Revised Code. All investment
earnings of the fund shall be credited to the fund. The moneys in the
fund shall be used as follows:

(a)
Except for moneys collected under section 1548.10 of the Revised
Code, moneys collected under division (B)(3) of this section shall be
used to implement and maintain an automated title processing system
for the issuance of motor vehicle, off-highway motorcycle, and
all-purpose vehicle certificates of title in the offices of the
clerks of the courts of common pleas. Those moneys also shall be used
to pay expenses that arise as a result of enabling electronic motor
vehicle dealers to directly transfer applications for certificates of
title under division (A)(3) of section 4505.06 of the Revised Code.

(b)
Moneys collected under section 1548.10 of the Revised Code shall be
used to issue marine certificates of title in the offices of the
clerks of the courts of common pleas as provided in Chapter 1548. of
the Revised Code.

(4)
The registrar shall pay the fifty-cent separate fee collected from a
licensed motor vehicle dealer under division (A)(1)(c) of this
section into the title defect recision fund created by section
1345.52 of the Revised Code.

(5)
Three dollars of the amount received by the registrar under division
(A)(1)(b) of this section shall be paid into the state treasury to
the credit of the security, investigations, and policing fund created
by section 4501.11 of the Revised Code to be used for the purposes
specified in division (B)(1) of that section.

(C)(1)
The automated title processing board is hereby created consisting of
the registrar or the registrar's representative, a person selected by
the registrar, the president of the Ohio clerks of court association
or the president's representative,
the
president of the Ohio automobile dealers association or the
president's representative,
and

two

three

clerks
of courts of common pleas appointed by the governor. The
director
of budget and management or the director's designee, the
chief
of the division of parks and watercraft in the department of natural
resources or the chief's designee, and the tax commissioner or the
commissioner's designee shall be nonvoting members of the board. The
purpose of the board is to facilitate the operation and maintenance
of an automated title processing system and approve the procurement
of automated title processing system equipment and ribbons,
cartridges, or other devices necessary for the operation of that
equipment. Voting members of the board, excluding the registrar or
the registrar's representative, shall serve without compensation, but
shall be reimbursed for travel and other necessary expenses incurred
in the conduct of their official duties. The registrar or the
registrar's representative shall receive neither compensation nor
reimbursement as a board member.

(2)
The automated title processing board shall determine each of the
following:

(a)
The automated title processing equipment and certificates of title
requirements for each county;

(b)
The payment of expenses that may be incurred by the counties in
implementing an automated title processing system;

(c)
The repayment to the counties for existing title processing
equipment;

(d)
With the approval of the director of public safety, the award of
grants from the automated title processing fund to the clerk of
courts of any county who employs a person who assists with the design
of, updates to, tests of, installation of, or any other activity
related to, an automated title processing system. Any grant awarded
under division (C)(2)(d) of this section shall be deposited into the
appropriate county certificate of title administration fund created
under section 325.33 of the Revised Code and shall not be used to
supplant any other funds.

(3)
The registrar shall purchase, lease, or otherwise acquire any
automated title processing equipment and certificates of title that
the board determines are necessary from moneys in the automated title
processing fund established by division (B)(3) of this section.

(D)
All counties shall conform to the requirements of the registrar
regarding the operation of their automated title processing system
for motor vehicle titles, certificates of title for off-highway
motorcycles and all-purpose vehicles, and certificates of title for
watercraft and outboard motors.

Sec.
4506.01.
As
used in this chapter:

(A)
"Alcohol concentration" means the concentration of alcohol
in a person's blood, breath, or urine. When expressed as a
percentage, it means grams of alcohol per the following:

(1)
One hundred milliliters of whole blood, blood serum, or blood plasma;

(2)
Two hundred ten liters of breath;

(3)
One hundred milliliters of urine.

(B)
"Commercial driver's license" means a license issued in
accordance with this chapter that authorizes an individual to drive a
commercial motor vehicle.

(C)
"Commercial driver's license information system" means the
information system established pursuant to the requirements of the
"Commercial Motor Vehicle Safety Act of 1986," 100 Stat.
3207-171, 49 U.S.C.A. App. 2701.

(D)
Except when used in section 4506.25 of the Revised Code, "commercial
motor vehicle" means any motor vehicle designed or used to
transport persons or property that meets any of the following
qualifications:

(1)
Any combination of vehicles with a gross vehicle weight or combined
gross vehicle weight rating of twenty-six thousand one pounds or
more, provided the gross vehicle weight or gross vehicle weight
rating of the vehicle or vehicles being towed is in excess of ten
thousand pounds;

(2)
Any single vehicle with a gross vehicle weight or gross vehicle
weight rating of twenty-six thousand one pounds or more;

(3)
Any single vehicle or combination of vehicles that is not a class A
or class B vehicle, but is designed to transport sixteen or more
passengers including the driver;

(4)
Any school bus with a gross vehicle weight or gross vehicle weight
rating of less than twenty-six thousand one pounds that is designed
to transport fewer than sixteen passengers including the driver;

(5)
Is transporting hazardous materials for which placarding is required
under subpart F of 49 C.F.R. part 172, as amended;

(6)
Any single vehicle or combination of vehicles that is designed to be
operated and to travel on a public street or highway and is
considered by the federal motor carrier safety administration to be a
commercial motor vehicle, including, but not limited to, a motorized
crane, a vehicle whose function is to pump cement, a rig for drilling
wells, and a portable crane.

(E)
"Controlled substance" means all of the following:

(1)
Any substance classified as a controlled substance under the
"Controlled Substances Act," 80 Stat. 1242 (1970), 21
U.S.C.A. 802(6), as amended;

(2)
Any substance included in schedules I through V of 21 C.F.R. part
1308, as amended;

(3)
Any drug of abuse.

(F)
"Conviction" means an unvacated adjudication of guilt or a
determination that a person has violated or failed to comply with the
law in a court of original jurisdiction or an authorized
administrative tribunal, an unvacated forfeiture of bail or
collateral deposited to secure the person's appearance in court, a
plea of guilty or nolo contendere accepted by the court, the payment
of a fine or court cost, or violation of a condition of release
without bail, regardless of whether or not the penalty is rebated,
suspended, or probated.

(G)
"Disqualification" means any of the following:

(1)
The suspension, revocation, or cancellation of a person's privileges
to operate a commercial motor vehicle;

(2)
Any withdrawal of a person's privileges to operate a commercial motor
vehicle as the result of a violation of state or local law relating
to motor vehicle traffic control other than parking, vehicle weight,
or vehicle defect violations;

(3)
A determination by the federal motor carrier safety administration
that a person is not qualified to operate a commercial motor vehicle
under 49 C.F.R. 391.

(H)
"Domiciled" means having a true, fixed, principal, and
permanent residence to which an individual intends to return.

(I)
"Downgrade" means any of the following, as applicable:

(1)
A change in the commercial driver's license, or commercial driver's
license temporary instruction permit, holder's self-certified status
as described in division (A)(1) of section 4506.10 of the Revised
Code;

(2)
A change to a lesser class of vehicle;

(3)
Removal of commercial driver's license privileges from the
individual's driver's license
;

(4)
A change in the commercial driver's license, or commercial driver's
license temporary instruction permit, holder's privileges as
described in division (F)(1) of section 4506.13 of the Revised Code
.

(J)
"Drive" means to drive, operate, or be in physical control
of a motor vehicle.

(K)
"Driver" means any person who drives, operates, or is in
physical control of a commercial motor vehicle or is required to have
a commercial driver's license.

(L)
"Driver's license" means a license issued by the bureau of
motor vehicles that authorizes an individual to drive.

(M)
"Drug of abuse" means any controlled substance, dangerous
drug as defined in section 4729.01 of the Revised Code, harmful
intoxicant as defined in section 2925.01 of the Revised Code, or
over-the-counter medication that, when taken in quantities exceeding
the recommended dosage, can result in impairment of judgment or
reflexes.

(N)
"Electronic device" includes a cellular telephone, a
personal digital assistant, a pager, a computer, and any other device
used to input, write, send, receive, or read text.

(O)
"Eligible unit of local government" means a village,
township, or county that has a population of not more than three
thousand persons according to the most recent federal census.

(P)
"Employer" means any person, including the federal
government, any state, and a political subdivision of any state, that
owns or leases a commercial motor vehicle or assigns a person to
drive such a motor vehicle.

(Q)
"Endorsement" means an authorization on a person's
commercial driver's license that is required to permit the person to
operate a specified type of commercial motor vehicle.

(R)
"Farm truck" means a truck controlled and operated by a
farmer for use in the transportation to or from a farm, for a
distance of not more than one hundred fifty miles, of products of the
farm, including livestock and its products, poultry and its products,
floricultural and horticultural products, and in the transportation
to the farm, from a distance of not more than one hundred fifty
miles, of supplies for the farm, including tile, fence, and every
other thing or commodity used in agricultural, floricultural,
horticultural, livestock, and poultry production, and livestock,
poultry, and other animals and things used for breeding, feeding, or
other purposes connected with the operation of the farm, when the
truck is operated in accordance with this division and is not used in
the operations of a motor carrier, as defined in section 4923.01 of
the Revised Code.

(S)
"Fatality" means the death of a person as the result of a
motor vehicle accident occurring not more than three hundred
sixty-five days prior to the date of death.

(T)
"Felony" means any offense under federal or state law that
is punishable by death or specifically classified as a felony under
the law of this state, regardless of the penalty that may be imposed.

(U)
"Foreign jurisdiction" means any jurisdiction other than a
state.

(V)
"Gross vehicle weight rating" means the value specified by
the manufacturer as the maximum loaded weight of a single or a
combination vehicle. The gross vehicle weight rating of a combination
vehicle is the gross vehicle weight rating of the power unit plus the
gross vehicle weight rating of each towed unit.

(W)
"Hazardous materials" means any material that has been
designated as hazardous under 49 U.S.C. 5103 and is required to be
placarded under subpart F of 49 C.F.R. part 172 or any quantity of a
material listed as a select agent or toxin in 42 C.F.R. part 73, as
amended.

(X)
"Imminent hazard" means the existence of a condition that
presents a substantial likelihood that death, serious illness, severe
personal injury, or a substantial endangerment to health, property,
or the environment may occur before the reasonably foreseeable
completion date of a formal proceeding begun to lessen the risk of
that death, illness, injury, or endangerment.

(Y)
"Medical variance" means one of the following received by a
driver from the federal motor carrier safety administration that
allows the driver to be issued a medical certificate:

(1)
An exemption letter permitting operation of a commercial motor
vehicle under 49 C.F.R. 381, subpart C or 49 C.F.R. 391.64;

(2)
A skill performance evaluation certificate permitting operation of a
commercial motor vehicle pursuant to 49 C.F.R. 391.49.

(Z)
"Mobile telephone" means a mobile communication device that
falls under or uses any commercial mobile radio service as defined in
47 C.F.R. 20, except that mobile telephone does not include two-way
or citizens band radio services.

(AA)
"Motor vehicle" means a vehicle, machine, tractor, trailer,
or semitrailer propelled or drawn by mechanical power used on
highways, except that such term does not include a vehicle, machine,
tractor, trailer, or semitrailer operated exclusively on a rail.

(BB)
"Out-of-service order" means a declaration by an authorized
enforcement officer of a federal, state, local, Canadian, or Mexican
jurisdiction declaring that a driver, commercial motor vehicle, or
commercial motor carrier operation is out of service as defined in 49
C.F.R. 390.5.

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

(DD)
"Portable tank" means a liquid or gaseous packaging
designed primarily to be loaded onto or temporarily attached to a
vehicle and equipped with skids, mountings, or accessories to
facilitate handling of the tank by mechanical means.

(EE)
"Public safety vehicle" has the same meaning as in
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.

(FF)
"Recreational vehicle" includes every vehicle that is
defined as a recreational vehicle in section 4501.01 of the Revised
Code and is used exclusively for purposes other than engaging in
business for profit.

(GG)
"Residence" means any person's residence determined in
accordance with standards prescribed in rules adopted by the
registrar.

(HH)
"School bus" has the same meaning as in section 4511.01 of
the Revised Code.

(II)
"Serious traffic violation" means any of the following:

(1)
A conviction arising from a single charge of operating a commercial
motor vehicle in violation of any provision of section 4506.03 of the
Revised Code;

(2)(a)
Except as provided in division (II)(2)(b) of this section, a
violation while operating a commercial motor vehicle of a law of this
state, or any municipal ordinance or county or township resolution,
or any other substantially similar law of another state or political
subdivision of another state prohibiting either of the following:

(i)
Texting while driving;

(ii)
Using a handheld mobile telephone.

(b)
It is not a serious traffic violation if the person was texting or
using a handheld mobile telephone to contact law enforcement or other
emergency services.

(3)
A conviction arising from the operation of any motor vehicle that
involves any of the following:

(a)
A single charge of any speed in excess of the posted speed limit by
fifteen miles per hour or more;

(b)
Violation of section 4511.20 or 4511.201 of the Revised Code or any
similar ordinance or resolution, or of any similar law of another
state or political subdivision of another state;

(c)
Violation of a law of this state or an ordinance or resolution
relating to traffic control, other than a parking violation, or of
any similar law of another state or political subdivision of another
state, that results in a fatal accident;

(d)
Violation of section 4506.03 of the Revised Code or a substantially
similar municipal ordinance or county or township resolution, or of
any similar law of another state or political subdivision of another
state, that involves the operation of a commercial motor vehicle
without a valid commercial driver's license with the proper class or
endorsement for the specific vehicle group being operated or for the
passengers or type of cargo being transported;

(e)
Violation of section 4506.03 of the Revised Code or a substantially
similar municipal ordinance or county or township resolution, or of
any similar law of another state or political subdivision of another
state, that involves the operation of a commercial motor vehicle
without a valid commercial driver's license being in the person's
possession;

(f)
Violation of section 4511.33 or 4511.34 of the Revised Code, or any
municipal ordinance or county or township resolution substantially
similar to either of those sections, or any substantially similar law
of another state or political subdivision of another state;

(g)
Violation of any other law of this state, any law of another state,
or any ordinance or resolution of a political subdivision of this
state or another state that meets both of the following requirements:

(i)
It relates to traffic control, other than a parking violation;

(ii)
It is determined to be a serious traffic violation by the United
States secretary of transportation and is designated by the director
as such by rule.

(JJ)
"State" means a state of the United States and includes the
District of Columbia.

(KK)
"Tank vehicle" means any commercial motor vehicle that is
designed to transport any liquid or gaseous materials within a tank
or tanks that are either permanently or temporarily attached to the
vehicle or its chassis and have an individual rated capacity of more
than one hundred nineteen gallons and an aggregate rated capacity of
one thousand gallons or more. "Tank vehicle" does not
include a commercial motor vehicle transporting an empty storage
container tank that is not designed for transportation, has a rated
capacity of one thousand gallons or more, and is temporarily attached
to a flatbed trailer.

(LL)
"Tester" means a person or entity acting pursuant to a
valid agreement entered into pursuant to division (B) of section
4506.09 of the Revised Code.

(MM)
"Texting" means manually entering alphanumeric text into,
or reading text from, an electronic device. Texting includes short
message service, e-mail, instant messaging, a command or request to
access a world wide web page, pressing more than a single button to
initiate or terminate a voice communication using a mobile telephone,
or engaging in any other form of electronic text retrieval or entry,
for present or future communication. Texting does not include the
following:

(1)
Using voice commands to initiate, receive, or terminate a voice
communication using a mobile telephone;

(2)
Inputting, selecting, or reading information on a global positioning
system or navigation system;

(3)
Pressing a single button to initiate or terminate a voice
communication using a mobile telephone; or

(4)
Using, for a purpose that is not otherwise prohibited by law, a
device capable of performing multiple functions, such as a fleet
management system, a dispatching device, a mobile telephone, a
citizens band radio, or a music player.

(NN)
"Texting while driving" means texting while operating a
commercial motor vehicle, with the motor running, including while
temporarily stationary because of traffic, a traffic control device,
or other momentary delays. Texting while driving does not include
operating a commercial motor vehicle with or without the motor
running when the driver has moved the vehicle to the side of, or off,
a highway and is stopped in a location where the vehicle can safely
remain stationary.

(OO)
"United States" means the fifty states and the District of
Columbia.

(PP)
"Upgrade" means a change in the class of vehicles,
endorsements, or self-certified status as described in division
(A)(1) of section 4506.10 of the Revised Code, that expands the
ability of a current commercial driver's license holder to operate
commercial motor vehicles under this chapter
;
.

(QQ)
"Use of a handheld mobile telephone" means:

(1)
Using at least one hand to hold a mobile telephone to conduct a voice
communication;

(2)
Dialing or answering a mobile telephone by pressing more than a
single button; or

(3)
Reaching for a mobile telephone in a manner that requires a driver to
maneuver so that the driver is no longer in a seated driving
position, or restrained by a seat belt that is installed in
accordance with 49 C.F.R. 393.93 and adjusted in accordance with the
vehicle manufacturer's instructions.

(RR)
"Vehicle" has the same meaning as in section 4511.01 of the
Revised Code.

Sec.
4506.05.
(A)
Notwithstanding any other provision of law, a person may drive a
commercial motor vehicle on a highway in this state if all of the
following conditions are met:

(1)
The person has a valid commercial driver's license or commercial
driver's license temporary instruction permit issued by any state or
jurisdiction in accordance with the minimum standards adopted by the
federal motor carrier safety administration under the "Commercial
Motor Vehicle Safety Act of 1986," 100 Stat. 3207-171, 49
U.S.C.A. App. for issuance of commercial driver's licenses;

(2)
The person's commercial driver's license or temporary instruction
permit is not suspended, revoked, or canceled, and the person has the
appropriate endorsements for the vehicle that is being driven;

(3)
The person is not disqualified from driving a commercial motor
vehicle;

(4)
The person is not subject to an out-of-service order;

(5)
The person is medically certified as physically qualified to operate
a commercial motor vehicle in accordance with this chapter.

(a)
A person who submitted a medical examiner's certificate to the
registrar in accordance with division (A)(1) of section 4506.10 of
the Revised Code and whose medical certification information is
maintained in the commercial driver's license information system is
not required to have the medical examiner's certificate in the
person's possession when on duty.

(b)
A person whose medical certification information is not maintained in
the commercial driver's license information system shall have in the
person's possession when on duty the original or a copy of the
current medical examiner's certificate that was submitted to the
registrar. However, the person may operate a commercial motor vehicle
with such proof of medical certification for not more than fifteen
days after the date the current medical examiner's certificate was
issued to the person.

(c)
A person who has a medical variance shall have in the person's
possession the original or copy of the medical variance documentation
at all times while on duty.

(6)
The person is not prohibited from operating a commercial motor
vehicle because the person violated 49 C.F.R. 382, subpart B.

(B)
No person shall drive a commercial motor vehicle on a highway in this
state if the person does not meet the conditions specified in
division (A) of this section.

(C)
Except as set forth in 49 C.F.R. 390.3(f), 391.2, 391.62, 391.67, and
391.68, no person holding a commercial driver's license temporary
instruction permit or a commercial driver's license issued under this
chapter may drive a commercial motor vehicle in interstate commerce
until the person is at least twenty-one years of age.

(D)(1)
Whoever violates this section is guilty of a misdemeanor of the first
degree.

(2)
The offenses established under this section are strict liability
offenses and section 2901.20 of the Revised Code does not apply. The
designation of these offenses as strict liability offenses shall not
be construed to imply that any other offense, for which there is no
specified degree of culpability, is not a strict liability offense.

Sec.
4506.07.
(A)
An applicant for a commercial driver's license, restricted commercial
driver's license, or a commercial driver's license temporary
instruction permit, or a duplicate of such a license or permit, shall
submit an application upon a form approved and furnished by the
registrar of motor vehicles. Except as provided in section 4506.24 of
the Revised Code in regard to a restricted commercial driver's
license, the applicant shall sign the application which shall contain
the following information:

(1)
The applicant's name, date of birth, social security account number,
sex, general description including height, weight, and color of hair
and eyes, current residence, duration of residence in this state,
state of domicile, country of citizenship, and occupation;

(2)
Whether the applicant previously has been licensed to operate a
commercial motor vehicle or any other type of motor vehicle in
another state or a foreign jurisdiction and, if so, when, by what
state, and whether the license or driving privileges currently are
suspended or revoked in any jurisdiction, or the applicant otherwise
has been disqualified from operating a commercial motor vehicle, or
is subject to an out-of-service order issued under this chapter or
any similar law of another state or a foreign jurisdiction and, if
so, the date of, locations involved, and reason for the suspension,
revocation, disqualification, or out-of-service order;

(3)
Whether the applicant has any physical or mental disability or
disease that prevents the applicant from exercising reasonable and
ordinary control over a motor vehicle while operating it upon a
highway or is or has been subject to any condition resulting in
episodic impairment of consciousness or loss of muscular control and,
if so, the nature and extent of the disability, disease, or
condition, and the names and addresses of the physicians, certified
nurse-midwives if authorized as described in section 4723.438 of the
Revised Code, clinical nurse specialists, or certified nurse
practitioners attending the applicant;

(4)
Whether the applicant has obtained a medical examiner's certificate
as required by this chapter and, beginning January 30, 2012, the
applicant, prior to or at the time of applying, has self-certified to
the registrar the applicable status of the applicant under division
(A)(1) of section 4506.10 of the Revised Code;

(5)
Whether the applicant has pending a citation for violation of any
motor vehicle law or ordinance except a parking violation and, if so,
a description of the citation, the court having jurisdiction of the
offense, and the date when the offense occurred;

(6)
If an applicant has not certified the applicant's willingness to make
an anatomical gift under section 2108.05 of the Revised Code, whether
the applicant wishes to certify willingness to make such an
anatomical gift, which shall be given no consideration in the
issuance of a license;

(7)
Whether the applicant has executed a valid durable power of attorney
for health care pursuant to sections 1337.11 to 1337.17 of the
Revised Code or has executed a declaration governing the use or
continuation, or the withholding or withdrawal, of life-sustaining
treatment pursuant to sections 2133.01 to 2133.15 of the Revised Code
and, if the applicant has executed either type of instrument, whether
the applicant wishes the license issued to indicate that the
applicant has executed the instrument;

(8)
Whether the applicant is a veteran, active duty, or reservist of the
armed forces of the United States and, if the applicant is such,
whether the applicant wishes the license issued to indicate that the
applicant is a veteran, active duty, or reservist of the armed forces
of the United States by a military designation on the license
;

(9)
Whether the applicant currently is prohibited by the federal motor
carrier safety administration from operating a commercial motor
vehicle because the applicant violated 49 C.F.R. 382, subpart B
.

(B)
Every applicant shall certify, on a form approved and furnished by
the registrar, all of the following:

(1)
That the motor vehicle in which the applicant intends to take the
driving skills test is representative of the type of motor vehicle
that the applicant expects to operate as a driver;

(2)
That the applicant is not subject to any disqualification or
out-of-service order, or license suspension, revocation, or
cancellation, under the laws of this state, of another state, or of a
foreign jurisdiction and does not have more than one driver's license
issued by this or another state or a foreign jurisdiction;

(3)
Any additional information, certification, or evidence that the
registrar requires by rule in order to ensure that the issuance of a
commercial driver's license or commercial driver's license temporary
instruction permit to the applicant is in compliance with the law of
this state and with federal law.

(C)
Every applicant shall execute a form, approved and furnished by the
registrar, under which the applicant consents to the release by the
registrar of information from the applicant's driving record.

(D)
The registrar or a deputy registrar, in accordance with section
3503.11 of the Revised Code, shall register as an elector any
applicant for a commercial driver's license or for a renewal or
duplicate of such a license under this chapter, if the applicant is
eligible and wishes to be registered as an elector. The decision of
an applicant whether to register as an elector shall be given no
consideration in the decision of whether to issue the applicant a
license or a renewal or duplicate.

(E)
The registrar or a deputy registrar, in accordance with section
3503.11 of the Revised Code, shall offer the opportunity of
completing a notice of change of residence or change of name to any
applicant for a commercial driver's license or for a renewal or
duplicate of such a license who is a resident of this state, if the
applicant is a registered elector who has changed the applicant's
residence or name and has not filed such a notice.

(F)
In considering any application submitted pursuant to this section,
the bureau of motor vehicles may conduct any inquiries necessary to
ensure that issuance or renewal of a commercial driver's license
would not violate any provision of the Revised Code or federal law.

(G)
In addition to any other information it contains, the form approved
and furnished by the registrar of motor vehicles for an application
for a commercial driver's license, restricted commercial driver's
license, or a commercial driver's license temporary instruction
permit or an application for a duplicate of such a license or permit
shall inform applicants that the applicant must present a copy of the
applicant's DD-214 or an equivalent document in order to qualify to
have the license, or permit, or duplicate indicate that the applicant
is a veteran, active duty, or reservist of the armed forces of the
United States based on a request made pursuant to division (A)(8) of
this section.

Sec.
4506.13.
(A)
The registrar of motor vehicles may authorize the highway patrol or
any other employee of the department of public safety to issue an
examiner's commercial examinations passed form to an applicant who
has passed the required examinations. The examiner's commercial
examinations passed form shall be used to indicate the examinations
taken and passed by the commercial driver's license applicant.

(B)(1)
Before issuing, renewing, transferring, or upgrading a
commercial
driver's license temporary instruction permit or a
commercial
driver's license, the registrar of motor vehicles shall obtain
information about the applicant's driving record, whether the
applicant was previously issued a commercial driver's license in
another state, or whether the applicant is disqualified
or
prohibited
from
operating a commercial motor vehicle through the commercial driver's
license information system
,
the drug and alcohol clearinghouse
,
the applicant's state of licensure, and when available, the national
driver register. In addition, before initially issuing a class A or
class B commercial driver's license, a passenger endorsement, a
school bus endorsement, or a hazardous materials endorsement, the
registrar shall verify that the applicant completed the training
required under 49 C.F.R. 380, subpart F, through the federal motor
carrier safety administration's training provider registry. The
registrar also shall check the applicant's driver record to ensure
that an applicant who self-certified under division (A)(1)(a)(i) of
section 4506.10 of the Revised Code that the applicant's operation of
a commercial motor vehicle is non-excepted interstate, is medically
certified.

(2)
The registrar shall not issue, renew, upgrade, or transfer the
applicant's
commercial
driver's license temporary instruction permit or
commercial
driver's license if any of the following apply:

(a)
The registrar obtains adverse information regarding the applicant's
driving record.

(b)
There is no information regarding the driver's self-certification
type as required by division (A)(1) of section 4506.10 of the Revised
Code.

(c)
The applicant's medical status is not certified, when required to be
certified under division (A)(1)(a)(i) of section 4506.10 of the
Revised Code.

(d)

The
applicant is prohibited from operating a commercial motor vehicle
because the applicant violated the drug and alcohol use and testing
provisions of 49 C.F.R. 382, subpart B;

(e)

If
required, the applicant did not successfully complete the training
required by 49 C.F.R. 380, subpart F, as documented in the federal
motor carrier safety administration's training provider registry.

(3)
If the record check reveals information that the applicant claims is
outdated, contested, or invalid, the registrar shall deny the
application until the applicant can resolve the conflict.

(C)
The registrar shall do all of the following:

(1)
Within ten days after issuing a
commercial
driver's license temporary instruction permit or
commercial
driver's license, notify the commercial driver's license information
system, when available, of that fact and provide all information
required to ensure identification of the licensee. If the registrar
is notified that driver has been issued a medical variance, the
registrar shall indicate the existence of the medical variance on the

commercial

driver's

license
holder's
commercial
driver's license information system driver record.

(2)
For those drivers self-certifying under division (A)(1)(a)(i) of
section 4506.10 of the Revised Code as non-excepted interstate, post
the applicant's medical status as certified or non-certified on the
applicant's commercial driver's license information system driver
record upon receiving a valid original or copy of the medical
examiner's certificate;

(3)
Post the driver's self-certification type as set forth in division
(A)(1) of section 4506.10 of the Revised Code;

(4)
Post information from the medical examiner's certificate, if
applicable, on the
commercial

driver's

license
holder's
commercial
driver's license information system driver record within ten calendar
days of receipt of the medical examiner's certificate;

(5)
Retain the original or a copy of the
commercial
driver's license temporary instruction permit or
commercial
driver's license holder's medical certificate for a minimum of three
years after the date the certificate was issued;

(6)
Post and maintain as part of the commercial driver's license
information system driver record all convictions, disqualifications,
and other licensing actions for violations of any state or municipal
ordinances related to motor vehicle traffic control, other than
parking violations for all persons who hold a
commercial
driver's license temporary instruction permit or
commercial
driver's license or operate a motor vehicle for which a commercial
driver's license is required;

(7)
Post an applicant's status of medically non-certified on the
applicant's commercial driver's license information system driver
record and downgrade the applicant's
commercial
driver's license temporary instruction permit or
commercial
driver's license in accordance with division (D) of this section if
either of the following applies:

(a)
The
commercial
driver's license temporary instruction permit or
commercial
driver's license holder fails to provide the driver's
self-certification type as required by division (A)(1) of section
4506.10 of the Revised Code.

(b)
The
commercial
driver's license temporary instruction permit or
commercial
driver's license holder self-certifying under division (A)(1)(a)(i)
of section 4506.10 of the Revised Code as non-excepted interstate
fails to provide the registrar with a current medical examiner's
certificate.

(8)
Mark the commercial driver's license information system driver record
as non-certified for any
commercial
driver's license temporary instruction permit or
commercial
driver's license holder who has not self-certified under division
(A)(1) of section 4506.10 of the Revised Code by January 30, 2014 and
initiate the
commercial
driver's license
commercial
driver's license downgrade procedures described in division (D) of
this section;

(9)
Within ten days after a
commercial
driver's license temporary instruction permit or
commercial
driver's license holder's medical certification status expires or a
medical variance expires or is rescinded, update the person's medical
certification status to non-certified;

(10)
Within ten calendar days after receiving information from the federal
motor carrier safety administration regarding issuance or renewal of
a medical variance for a driver, update the driver's commercial
driver's license information system driver record to include the
medical variance information provided by the federal motor carrier
safety administration
;

(11)
Within ten calendar days after receiving information from the federal
motor carrier safety administration that a commercial driver's
license temporary instruction permit or commercial driver's license
holder is prohibited from operating a commercial motor vehicle
because of a violation of the drug and alcohol use and testing
provisions of 49 C.F.R. 382, subpart B, initiate the commercial
driver's license downgrade procedures described in division (F)(1) of
this section;

(12)
Within ten calendar days after receiving information from the federal
motor carrier safety administration that a commercial driver's
license temporary instruction permit or commercial driver's license
holder is no longer prohibited or was erroneously identified as
prohibited from operating a commercial motor vehicle because of a
violation of the drug and alcohol use and testing provisions of 49
C.F.R. 382, subpart B, initiate the reinstatement procedures
described in division (F)(2) of this section
.

(D)
If a driver's medical certification or medical variance expires or
the federal motor carrier safety administration notifies the
registrar that a medical variance was removed or rescinded, the
registrar shall do the following:

(1)
Send notice to the commercial driver's license holder of the holder's
medically not certified status. The notice shall inform the driver
that the driver's commercial driver's license privileges will be
removed unless the driver resolves the medical certification or
medical variance defect by submitting a current medical certificate
or medical variance, as applicable, or changing the driver's
self-certification under division (A)(1) of section 4506.10 of the
Revised Code to driving only in excepted interstate or excepted
intrastate commerce within sixty days.

(2)
Sixty days after the change to a medically not certified status, if
the commercial driver's license holder has not resolved the medical
certification or medical variance defect as described in division
(D)(1) of this section, the registrar shall change the person's
commercial driver's license status to reflect no commercial driver's
license privileges and shall send the person a second notice
informing the person that the commercial driver's license privilege
has been removed from the driver's license.

(E)
To the extent permitted by federal and state law, the registrar shall
provide records from the commercial driver's license information
system regarding a commercial driver's license holder or commercial
motor vehicle operator to the following individuals and entities or
their authorized agents within ten days of the receipt of conviction
or disqualification information concerning the holder or operator
from another state or within ten days of the date of conviction or
disqualification of the holder or operator if it occurred in this
state, as applicable:

(1)
Other states;

(2)
The secretary of the United States department of transportation;

(3)
The commercial driver's license holder or commercial motor vehicle
operator referenced in the records;

(4)
A motor carrier that is a current or prospective employer of the
commercial driver's license holder or commercial motor vehicle
operator referenced in the records.

(F)(1)
If the registrar receives information in accordance with division
(C)(11) of this section, the registrar shall notify the subject
commercial driver's license temporary instruction permit or
commercial driver's license holder. The notice shall inform the
driver that the driver's commercial driver's license privileges will
be downgraded unless the driver resolves the prohibition in
accordance with the federal requirements within thirty days. If the
driver does not resolve the prohibition within the thirty days, the
registrar shall do all of the following:

(a)
Downgrade the driver's commercial driver's license temporary
instruction permit or commercial driver's license to prohibit the
driver from operating a commercial motor vehicle;

(b)
Send a second notice to the driver specifying that the driver's
license has been downgraded and that the driver is prohibited from
operating a commercial motor vehicle until the driver takes the steps
necessary to reinstate commercial driver's license privileges;

(c)
Record the downgrade on the driver's commercial driver's license
information system driver record not later than sixty days after the
original notification to the registrar from the federal motor carrier
safety administration.

(2)
If the registrar receives information in accordance with division
(C)(12) of this section, the registrar shall do one of the following,
as applicable:

(a)
If the registrar receives the information before the registrar has
downgraded a driver's commercial driver's license privileges in
accordance with division (F)(1) of this section, the registrar shall
terminate the downgrade process and notify the applicable driver of
the termination;

(b)
If the registrar receives the information after the registrar has
downgraded a driver's commercial driver's license privileges in
accordance with division (F)(1) of this section, the registrar shall
reinstate the driver's commercial driver's license, provided that the
driver is otherwise eligible for reinstatement and such commercial
driving privileges.

(3)
If the registrar receives information in accordance with division
(C)(12) of this section that the driver was erroneously identified as
prohibited from operating a commercial motor vehicle, in addition to
the reinstatement procedures under division (F)(2) of this section,
the registrar shall remove any record of the downgrade from the
driver's commercial driver's license information system driver record
and motor vehicle driving record.

Sec.
4506.131.
(A)
(A)(1)

The registrar of motor vehicles shall not issue, renew, upgrade, or
transfer a hazardous materials endorsement for a commercial driver's
license to any individual authorizing that individual to operate a
commercial motor vehicle transporting a hazardous material in
commerce unless the registrar has received from the transportation
security administration a determination indicating that the
individual does not pose a security risk warranting denial of the
endorsement.

(2)
The registrar may issue, renew, upgrade, or transfer a hazardous
materials endorsement for a commercial driver's license to an
individual who is under twenty-one years of age if both of the
following apply:

(a)
The individual uses the endorsement for purposes of intrastate
commerce of hazardous materials only;

(b)
The individual meets all other federal and state requirements for
issuance of the endorsement.

(B)(1)
Immediately upon receiving a determination from the transportation
security administration that an individual poses a security risk
warranting denial of a hazardous materials endorsement, the registrar
shall revoke any existing hazardous materials endorsement and shall
refuse to issue a hazardous materials endorsement for the individual
named as a security risk.

(2)
Within fifteen days of receiving any determination from the
transportation security administration indicating the status of an
individual's security risk, the registrar shall notify the commercial
driver license information system of the results of the security
assessment.

(C)
The registrar shall order any revocation under division (B) of this
section without a hearing. Any person adversely affected by the order
may request an administrative hearing before the registrar. The scope
of the hearing shall be limited to whether the bureau of motor
vehicles properly revoked the hazardous material endorsement after
receiving notification from the transportation security
administration and shall not include consideration of whether the
transportation security administration acted properly in sending the
notification.

Sec.
4506.14.
(A)
Commercial driver's licenses shall expire as follows:

(1)
Except as provided in division (A)(3) or (4) of this section, each
such license issued to replace an operator's or chauffeur's license
shall expire on the original expiration date of the operator's or
chauffeur's license and, upon renewal, shall expire on the licensee's
birthday in the fourth or eighth year after the date of issuance,
based on the period of renewal requested by the applicant. A person
who is sixty-five years of age or older may only apply for a
commercial driver's license that expires on the birthday of the
applicant in the fourth year after the date it is issued.

(2)(a)
Except as provided in division (A)(3) or (4) of this section, each
such license issued as an original license to a person whose
residence is in this state shall expire on the licensee's birthday in
the fourth or eighth year after the date of issuance, based on the
period of renewal requested by the applicant. A person who is
sixty-five years of age or older may only apply for a commercial
driver's license that expires on the birthday of the applicant in the
fourth year after the date it is issued.

(b)
Each such license issued to a person whose temporary residence is in
this state shall expire in accordance with rules adopted by the
registrar of motor vehicles. A license issued to a person with a
temporary residence in this state is
nonrenewable,
but may be replaced with a new license within ninety days prior to
its expiration upon the applicant's compliance with all applicable
requirements
a
limited term license and may be renewed in accordance with division
(C) of this section
.

(3)
The registrar or a deputy registrar may issue a license that expires
on a date earlier than the licensee's birthday in the fourth year
after the date of issuance if the licensee has undergone a security
threat assessment required by federal law to obtain a hazardous
materials endorsement and the assessment will expire before that
date. No commercial driver's license shall be issued under division
(A)(3) of this section for a period longer than four years and one
hundred eighty days.

(4)
Each such license issued to replace the operator's or chauffeur's
license of a person who is less than twenty-one years of age, and
each such license issued as an original license to a person who is
less than twenty-one years of age, shall expire on the licensee's
twenty-first birthday.

(B)
No commercial driver's license shall be issued for a period longer
than eight years. Except as provided in section 4507.12 of the
Revised Code, the registrar may waive the examination of any person
applying for the renewal of a commercial driver's license issued
under this chapter, provided that the applicant presents either an
unexpired commercial driver's license or a commercial driver's
license that has expired not more than six months prior to the date
of application.

(C)
(C)(1)

Subject to the requirements of this chapter and except as provided in
division
(A)(2)
(C)(2)

of this section in regard to a person whose temporary residence is in
this state, every commercial driver's license shall be renewable one
hundred eighty days before its expiration upon payment of the fees
required by section 4506.08 of the Revised Code. Each person applying
for renewal or transfer of a commercial driver's license shall
complete the application form prescribed by section 4506.07 of the
Revised Code and shall provide all certifications required.

(2)(a)
Except as provided in division (C)(2)(b) of this section, a limited
term commercial driver's license shall not be issued to a temporary
resident for a period longer than the expiration date of the
temporary resident's authorized stay in the United States, or for
four years from the date of issuance, whichever date is earliest.

(b)
If there is no expiration date for a temporary resident's authorized
stay in the United States, a limited term commercial driver's license
shall not be issued to the temporary resident for a period longer
than one year from the date of issuance.

(c)
A limited term commercial driver's license may be renewed within one
hundred eighty days prior to its expiration upon the applicant's
presentation of documentation verifying the applicant's legal
presence or continued temporary lawful status in the United States.

(3)

Prior
to applying for renewal of a commercial driver's license, each
applicant shall submit a new copy or original medical examiner's
certificate required by section 4506.10 of the Revised Code; if the
person's medical status has changed, the registrar shall take the
appropriate action to address the change in medical status. If the
person wishes to retain an endorsement authorizing the person to
transport hazardous materials, the person shall take and successfully
complete the written test for the endorsement and shall submit to any
background check required by federal law.

(D)
Each person licensed as a driver under this chapter shall notify the
registrar of any change in the person's address within ten days
following that change. The notification shall be in writing on a form
provided by the registrar and shall include the full name, date of
birth, license number, county of residence, social security number,
and new address of the person.

(E)
Whoever violates division (D) of this section is guilty of a minor
misdemeanor.

Sec.
4507.061.
(A)
The registrar of motor vehicles may authorize the online renewal of a
driver's license, commercial driver's license, or identification card
issued by the bureau of motor vehicles for eligible applicants. An
applicant is eligible for online renewal if all of the following
apply:

(1)
The applicant's current driver's license, commercial driver's
license, or identification card was processed in person at a deputy
registrar office.

(2)
The applicant has a photo on file with the bureau of motor vehicles
from the applicant's current driver's license, commercial driver's
license, or identification card.

(3)
The applicant's current driver's license, commercial driver's
license, or identification card expires on the birthday of the
applicant in the fourth year after the date it was issued.

(4)
The applicant is applying for a driver's license, commercial driver's
license, or identification card that expires on the birthday of the
applicant in the fourth year after the date it is issued.

(5)
The applicant's current driver's license, commercial driver's
license, or identification card is unexpired or expired not more than
six months prior to the date of the application.

(6)
The applicant is a citizen or a permanent resident of the United
States and a permanent resident of this state.

(7)
The applicant's current driver's license, commercial driver's
license, or identification card was issued when the applicant was
twenty-one years of age or older.

(8)
If the applicant is renewing a driver's license or commercial
driver's license, the applicant is less than sixty-five years of age.

(9)
The applicant's current driver's license, commercial driver's
license, or driving privileges are not suspended, canceled, revoked,
or restricted, and the applicant is not otherwise prohibited by law
from obtaining a driver's license, commercial driver's license, or
identification card.

(10)
The applicant has no changes to the applicant's name or personal
information, other than a change of address.

(11)
The applicant has no medical restrictions that would require the
applicant to apply for a driver's license, commercial driver's
license, or identification card in person at a deputy registrar
office. The registrar shall determine the medical restrictions that
require in person applications.

(12)
For a commercial driver's license, the applicant complies with all
the requirements of Chapter 4506. of the Revised Code, including
self-certification and medical certificate requirements.

(13)
For a commercial driver's license, the applicant is not under any
restriction specified by any federal regulation.

(B)
An applicant may not submit an application online for any of the
following:

(1)
A temporary instruction permit;

(2)
A commercial driver's license temporary instruction permit;

(3)
An initial issuance of an Ohio driver's license, commercial driver's
license, or identification card;

(4)
An initial issuance of a federally compliant driver's license
,
commercial driver's license,

or identification card;

(5)
An ignition interlock license;

(6)
A limited term driver's license or
nonrenewable

limited
term
commercial
driver's license

issued
to a temporary resident
.

(C)
The registrar may require an applicant to provide a digital copy of
any identification documents and supporting documents as required by
statute or administrative rule to comply with current state and
federal requirements.

(D)
Except as otherwise provided, an applicant shall comply with all
other applicable laws related to the issuance of a driver's license,
commercial driver's license, or identification card in order to renew
a driver's license, commercial driver's license, or identification
card under this section.

(E)
The registrar may adopt rules in accordance with Chapter 119. of the
Revised Code to implement and administer this section.

Sec.
4507.08.
(A)
No probationary license shall be issued to any person under the age
of eighteen who has been adjudicated an unruly or delinquent child or
a juvenile traffic offender for having committed any act that if
committed by an adult would be a drug abuse offense, as defined in
section 2925.01 of the Revised Code, a violation of division (B) of
section 2917.11, or a violation of division (A) of section 4511.19 of
the Revised Code, unless the person has been required by the court to
attend a drug abuse or alcohol abuse education, intervention, or
treatment program specified by the court and has satisfactorily
completed the program.

(B)
No temporary instruction permit or driver's license shall be issued
to any person whose license has been suspended, during the period for
which the license was suspended, nor to any person whose license has
been canceled, under Chapter 4510. or any other provision of the
Revised Code.

(C)
No temporary instruction permit or driver's license shall be issued
to any person whose commercial driver's license is suspended under
Chapter 4510. or any other provision of the Revised Code during the
period of the suspension.

No
temporary instruction permit or driver's license shall be issued to
any person when issuance is prohibited by division (A) of section
4507.091 of the Revised Code.

(D)
No temporary instruction permit or driver's license shall be issued
to, or retained by, any of the following persons:

(1)
Any person who has alcoholism, or is addicted to the use of
controlled substances to the extent that the use constitutes an
impairment to the person's ability to operate a motor vehicle with
the required degree of safety;

(2)
Any person who is under the age of eighteen and has been adjudicated
an unruly or delinquent child or a juvenile traffic offender for
having committed any act that if committed by an adult would be a
drug abuse offense, as defined in section 2925.01 of the Revised
Code, a violation of division (B) of section 2917.11, or a violation
of division (A) of section 4511.19 of the Revised Code, unless the
person has been required by the court to attend a drug abuse or
alcohol abuse education, intervention, or treatment program specified
by the court and has satisfactorily completed the program;

(3)
Any person who, in the opinion of the registrar, has a physical or
mental disability or disease that prevents the person from exercising
reasonable and ordinary control over a motor vehicle while operating
the vehicle upon the highways, except that a restricted license

effective
for six months
may
be issued to any person otherwise qualified who is or has been
subject to any condition resulting in episodic impairment of
consciousness or loss of muscular control and whose condition, in the
opinion of the registrar, is dormant or is sufficiently under medical
control that the person is capable of exercising reasonable and
ordinary control over a motor vehicle. A restricted license
effective
for six months
shall
be issued to any person who otherwise is qualified and who is subject
to any condition that causes episodic impairment of consciousness or
a loss of muscular control if the person presents a statement from a
licensed physician, certified nurse-midwife if authorized as
described in section 4723.438 of the Revised Code, clinical nurse
specialist, or certified nurse practitioner that the person's
condition is under effective medical control and the period of time
for which the control has been continuously maintained, unless,
thereafter, a medical examination is ordered and, pursuant thereto,
cause for denial is found.

A
person to whom a
six-month

restricted
license has been issued shall give notice of the person's medical
condition to the registrar on forms provided by the registrar and
signed by the licensee's physician, certified nurse-midwife, clinical
nurse specialist, or certified nurse practitioner

at
intervals required by the registrar
.
The
notice
shall be sent to the
registrar

six
months after the issuance of the license. Subsequent restricted
licenses issued to the same individual
shall

be
effective for six months
determine
the validity period of the restricted license
.

(4)
Any person who is unable to understand highway warnings or traffic
signs or directions given in the English language;

(5)
Any person making an application whose driver's license or driving
privileges are under cancellation, revocation, or suspension in the
jurisdiction where issued or any other jurisdiction, until the
expiration of one year after the license was canceled or revoked or
until the period of suspension ends. Any person whose application is
denied under this division may file a petition in the municipal court
or county court in whose jurisdiction the person resides agreeing to
pay the cost of the proceedings and alleging that the conduct
involved in the offense that resulted in suspension, cancellation, or
revocation in the foreign jurisdiction would not have resulted in a
suspension, cancellation, or revocation had the offense occurred in
this state. If the petition is granted, the petitioner shall notify
the registrar by a certified copy of the court's findings and a
license shall not be denied under this division.

(6)
Any person who is under a class one or two suspension imposed for a
violation of section 2903.01, 2903.02, 2903.04, 2903.06, 2903.08,
2903.11, 2921.331, or 2923.02 of the Revised Code or whose driver's
or commercial driver's license or permit was permanently revoked
prior to January 1, 2004, for a substantially equivalent violation
pursuant to section 4507.16 of the Revised Code;

(7)
Any person who is not a resident or temporary resident of this state.

(E)
No person whose driver's license or permit has been suspended under
Chapter 4510. of the Revised Code or any other provision of the
Revised Code shall have driving privileges reinstated if the
registrar determines that a warrant has been issued in this state or
any other state for the person's arrest and that warrant is an active
warrant.

Sec.
4507.09.
(A)(1)
Except as provided in division (B) of this section, every driver's
license issued to a resident of this state expires on the birthday of
the applicant in the fourth or eighth year after the date it is
issued, based on the period of renewal requested by the applicant. A
resident who is sixty-five years of age or older may only apply for a
driver's license that expires on the birthday of the applicant in the
fourth year after the date it is issued. In no event shall any
license be issued for a period longer than eight years and ninety
days.

Subject
to the requirements of section 4507.12 of the Revised Code, every
driver's license issued to a resident is renewable at any time prior
to its expiration.

(2)
A driver's license issued to a temporary resident shall expire in
accordance with rules adopted by the registrar of motor vehicles. A
driver's license issued to a temporary resident is a limited term
license, but may be renewed within ninety days prior to its
expiration in accordance with division (E) of this section.

(3)
No refund shall be made or credit given for the unexpired portion of
the driver's license that is renewed. The registrar shall notify each
person whose driver's license has expired within forty-five days
after the date of expiration. Notification shall be made by regular
mail sent to the person's last known address as shown in the records
of the bureau of motor vehicles. Failure to provide such notification
shall not be construed as a renewal or extension of any license.

(4)
For the purposes of this section, the date of birth of any applicant
born on the twenty-ninth day of February shall be deemed to be the
first day of March in any year in which there is no twenty-ninth day
of February.

(B)
Every driver's license or renewal of a driver's license issued to a
resident applicant who is sixteen years of age or older, but less
than twenty-one years of age, expires on the twenty-first birthday of
the applicant, except that an applicant who applies no more than
thirty days before the applicant's twenty-first birthday shall be
issued a license in accordance with division (A) of this section.

(C)
Each person licensed as a driver under this chapter shall notify the
registrar of any change in the person's address within ten days
following that change. The notification shall be in writing on a form
provided by the registrar and shall include the full name, date of
birth, license number, county of residence, social security number,
and new address of the person. The registrar shall offer the person
the opportunity to submit a notice of change of address for voter
registration purposes by electronic means in conjunction with the
person's transaction with the registrar, in accordance with section
3503.11 of the Revised Code.

(D)
No driver's license shall be renewed when renewal is prohibited by
division (A) of section 4507.091 of the Revised Code.

(E)(1)
Except as provided in division (E)(2) of this section, a limited term
license shall not be issued to a temporary resident for a period
longer than the expiration date of the temporary resident's
authorized stay in the United States, or for four years from the date
of issuance, whichever date is earliest.

(2)
If there is no expiration date for a temporary resident's authorized
stay in the United States, a limited term license shall not be issued
to the temporary resident for a period longer than one year from the
date of issuance.

(3)
A limited term license may be renewed within ninety days prior to its
expiration upon the applicant's presentation of documentation
verifying the applicant's legal presence or continued temporary
lawful status in the United States.

(3)
A limited term license is not transferable, and the applicant may not
rely on it to obtain a driver's license in another state.

(4)
In accordance with Chapter 119. of the Revised Code, the registrar
shall adopt rules governing limited term licenses for temporary
residents.

Sec.
4507.21.
(A)
Except as provided in section 4507.061 of the Revised Code, each
applicant for a driver's license shall file an application in the
office of the registrar of motor vehicles or of a deputy registrar.

(B)(1)
Except as provided in division (B)(4) of this section, each person
under
eighteen

twenty-one

years
of age applying for a driver's license issued in this state and each
person
eighteen

twenty-one

years
of age or older applying for an initial limited term license in this
state shall present satisfactory evidence of having successfully
completed one of the following:

(a)
A driver training course approved by the director of public safety.

(b)
A driver training course comparable to a driver training course
described in division (B)(1)(a) of this section and administered by a
branch of the armed forces of the United States and completed by the
applicant while residing outside this state for the purpose of being
with or near any person serving in the armed forces of the United
States.

(2)
Each person under
eighteen

twenty-one

years
of age applying for a driver's license also shall present, on a form
prescribed by the registrar, an affidavit signed by an eligible adult
attesting that the person has acquired at least fifty hours of actual
driving experience, with at least ten of those hours being at night.

(3)
Except as provided in division (B)(4) of this section, each person

eighteen

twenty-one

years
of age or older applying for an initial limited term license in this
state also shall present, on a form prescribed by the registrar, an
affidavit signed by an adult who holds a current valid driver's or
commercial driver's license issued by this state that the applicant
has acquired at least fifty hours of actual driving experience, with
at least ten of those hours being at night, accompanied by the
signing adult.

(4)
Both of the following individuals are exempt from the requirements
specified in divisions (B)(1) and (3) of this section:

(a)
A person who receives a waiver of the examination by the registrar in
accordance with section 4507.10 of the Revised Code;

(b)
An initial limited term license applicant
eighteen

twenty-one

years
of age or older who is from a country with which the registrar has a
reciprocal arrangement in accordance with section 4507.101 of the
Revised Code.

(C)(1)
An applicant for an initial driver's license shall present
satisfactory evidence of successful completion of the abbreviated
driver training course for adults, approved by the director of public
safety under section 4508.02 of the Revised Code, if all of the
following apply:

(a)
The applicant is
eighteen

twenty-one

years
of age or older.

(b)
The applicant failed the road or maneuverability test required under
division (A)(2) of section 4507.11 of the Revised Code.

(c)
In the twelve months immediately preceding the date of application,
the applicant has not successfully completed a driver training
course.

(2)
An applicant shall present satisfactory evidence as required under
division (C)(1) of this section prior to attempting the test a second
or subsequent time.

(D)
If the registrar or deputy registrar determines that the applicant is
entitled to the driver's license, it shall be issued. If the
application shows that the applicant's license has been previously
canceled or suspended, the deputy registrar shall forward the
application to the registrar, who shall determine whether the license
shall be granted.

(E)
An applicant shall file an application under this section in
duplicate, and the deputy registrar issuing the license shall
immediately forward to the office of the registrar the original copy
of the application, together with the duplicate copy of any
certificate of completion if issued for purposes of division (B) of
this section. The registrar shall prescribe rules as to the manner in
which the deputy registrar files and maintains the applications and
other records. The registrar shall file every application for a
driver's or commercial driver's license and index them by name and
number, and shall maintain a suitable record of all licenses issued,
all convictions and bond forfeitures, all applications for licenses
denied, and all licenses that have been suspended or canceled.

(F)
For purposes of section 2313.06 of the Revised Code, the registrar
shall maintain accurate and current lists of the residents of each
county who are eighteen years of age or older, have been issued, on
and after January 1, 1984, driver's or commercial driver's licenses
that are valid and current, and would be electors if they were
registered to vote, regardless of whether they actually are
registered to vote. The lists shall contain the names, addresses,
dates of birth, duration of residence in this state, citizenship
status, and social security numbers, if the numbers are available, of
the licensees, and may contain any other information that the
registrar considers suitable.

(G)
Each person under eighteen years of age applying for a motorcycle
operator's endorsement or a restricted license enabling the applicant
to operate a motorcycle shall present satisfactory evidence of having
completed the courses of instruction in the motorcycle safety and
education program described in section 4508.08 of the Revised Code or
a comparable course of instruction administered by a branch of the
armed forces of the United States and completed by the applicant
while residing outside this state for the purpose of being with or
near any person serving in the armed forces of the United States. If
the registrar or deputy registrar then determines that the applicant
is entitled to the endorsement or restricted license, it shall be
issued.

(H)
No person shall knowingly make a false statement in an affidavit
presented in accordance with division (B)(2) of this section.

(I)
As used in this section, "eligible adult" means any of the
following persons:

(1)
A parent, guardian, or custodian of the applicant;

(2)
A person over the age of twenty-one who acts in loco parentis of the
applicant and who maintains proof of financial responsibility with
respect to the operation of a motor vehicle owned by the applicant or
with respect to the applicant's operation of any motor vehicle.

(J)
Whoever violates division (H) of this section is guilty of a minor
misdemeanor and shall be fined one hundred dollars.

Sec.
4507.40.
(A)
As used in this section, "Ohio credential" means a
temporary instruction permit identification card, driver's license,
commercial driver's license, motorcycle operator's license, motorized
bicycle license, or identification card issued by the Ohio bureau of
motor vehicles.

(B)
Any valid holder of an Ohio credential issued after July 2, 2018, may
apply online to obtain an exact reprint of that Ohio credential. Not
more than one hundred eighty days after

the
effective date of this section

April
12, 2021
,
the registrar of motor vehicles shall make the reprint application
process available through electronic means on the bureau of motor
vehicle's web site. A reprint of an Ohio credential shall be
available only through the online process.

(C)
An applicant may obtain not more than
one
reprint
two
reprints
between
the initial issuance and renewal of an Ohio credential or between
renewals of an Ohio credential. A reprint shall be an exact copy of
the last-issued Ohio credential that it replaces. A reprint expires
on the same date as the Ohio credential it replaces.

(D)
The applicant shall do all of the following in the application:

(1)
Certify that the current Ohio credential is lost, destroyed, or
mutilated;

(2)
Provide identifying information, as required by the registrar, in
order to confirm the applicant's identity;

(3)
Include with the application a financial transaction device number to
pay the applicable fees for the reprint of the Ohio credential, and a
service fee equal to the amount established under section 4503.038 of
the Revised Code.

(E)
Upon receipt of a completed application, the registrar shall issue a
reprint Ohio credential to the applicant, if the applicant is
eligible for the reprint. If the applicant does not qualify for a
reprint, the registrar shall notify the applicant why the application
was denied.

(F)
The fees that are collected from a person who applies for a reprint
of an Ohio credential shall be paid to the credit of the public
safety - highway purposes fund established by section 4501.06 of the
Revised Code.

Sec.
4507.53.
Digitalized
photographic records of the department of public safety may be
released only to the following:

(A)
State, local, or federal governmental agencies for criminal justice
purposes;

(B)
Any court;

(C)
The American association of motor vehicle administrators to allow
state department of motor vehicles participating in the association's
state-to-state verification services and digital image access and
exchange program to use the photographic records for identity
verification purposes;

(D)
The department of job and family services
or
the unemployment compensation review commission
for
the purpose of carrying out the department's
or
commission's
functions
under Chapter 4141. of the Revised Code.

Sec.
4508.02.
(A)(1)
The director of public safety, subject to Chapter 119. of the Revised
Code, shall adopt and prescribe such rules concerning the
administration and enforcement of this chapter as are necessary to
protect the public. The rules shall require an assessment of the
holder of a probationary instructor license. The director shall
inspect the school facilities and equipment of applicants and
licensees and examine applicants for instructor's licenses.

(2)
The director shall adopt rules governing online driver education
courses that may be completed via the internet to satisfy the
classroom instruction under division (C) of this section. The rules
shall do all of the following:

(a)
Establish standards that an online driver training enterprise must
satisfy to be licensed to offer an online driver education course via
the internet, including, at a minimum, proven expertise in providing
driver education and an acceptable infrastructure capable of
providing secure online driver education in accord with advances in
internet technology. The rules shall allow an online driver training
enterprise to be affiliated with a licensed driver training school
offering in-person classroom instruction, but shall not require such
an affiliation.

(b)
Establish content requirements that an online driver education course
must satisfy to be approved as equivalent to twenty-four hours of
in-person classroom instruction;

(c)
Establish attendance standards, including a maximum number of course
hours that may be completed in a twenty-four-hour period;

(d)
Allow an enrolled applicant to begin the required eight hours of
actual behind-the-wheel instruction upon completing all twenty-four
hours of course instruction;

(e)
Establish any other requirements necessary to regulate online driver
education.

(B)
The director shall administer and enforce this chapter.

(C)
The rules shall require twenty-four hours of completed in-person
classroom instruction or the completion of an approved, equivalent
online driver education course offered via the internet by a licensed
online driver training enterprise, followed by eight hours of actual
behind-the-wheel instruction conducted on public streets and highways
of this state for all beginning drivers of noncommercial motor
vehicles who are required to complete the training under section
4507.21 of the Revised Code.
The
rules shall allow beginning drivers of noncommercial motor vehicles
to complete the driver education course at any point while holding a
valid temporary instruction permit.
The
rules also shall require the classroom instruction or online driver
education course for such drivers to include instruction on both of
the following:

(1)
The dangers of driving a motor vehicle while distracted, including
while using an electronic wireless communications device, or engaging
in any other activity that distracts a driver from the safe and
effective operation of a motor vehicle;

(2)
The dangers of driving a motor vehicle while under the influence of a
controlled substance, prescription medication, or alcohol.

(D)
The rules shall state the minimum hours for classroom and
behind-the-wheel instruction required for beginning drivers of
commercial trucks, commercial cars, buses, and commercial tractors,
trailers, and semitrailers.

(E)(1)
The department of public safety may charge a fee to each online
driver training enterprise in an amount sufficient to pay the actual
expenses the department incurs in the regulation of online driver
education courses.

(2)
The department shall supply to each licensed online driver training
enterprise certificates to be used for certifying an applicant's
enrollment in an approved online driver education course and a
separate certificate to be issued upon successful completion of an
approved online driver education course. The certificates shall be
numbered serially. The department may charge a fee to each online
driver training enterprise per certificate supplied to pay the actual
expenses the department incurs in supplying the certificates.

(F)
The director shall adopt rules in accordance with Chapter 119. of the
Revised Code governing an abbreviated driver training course for
adults.

Sec.
4509.06.
(A)

The
driver of any motor vehicle which
Any
person who
is
in any manner involved in a motor vehicle accident

within
six months of the accident
,
including as the driver of a motor vehicle, the owner of property, or
any person sustaining bodily injury or property damage,
may
,
within six months after the accident,

forward a written report of the accident to the registrar of motor
vehicles on a form prescribed by the registrar alleging that a driver
or owner of any
other

vehicle
involved in the accident was uninsured at the time of the accident.

(B)
Upon receipt of the accident report, the registrar shall send a
notice by regular mail to the driver and owner alleged to be
uninsured requiring the person to give evidence that the person had
proof of financial responsibility in effect at the time of the
accident.

(C)
Within thirty days after the mailing of the notice by the registrar,
the driver of the vehicle alleged to be uninsured shall forward a
report together with acceptable proof of financial responsibility to
the registrar in a form prescribed by the registrar. The forwarding
of the report by the owner of the motor vehicle involved in the
accident is deemed compliance with this section by the driver. This
section does not change or modify the duties of the driver or
operator of a motor vehicle as set forth in section 4549.02 of the
Revised Code.

Sec.
4509.07.
The
report prescribed by the registrar of motor vehicles shall request
only information sufficient to enable the registrar to administer and
enforce the provisions of sections 4509.01 to 4509.78, inclusive, of
the Revised Code.

The

driver
or owner of a motor vehicle
person

involved
in an accident
who
submits or is the subject of a report submitted in accordance with
section 4509.06 of the Revised Code
shall
furnish such additional relevant information as the registrar
requires.

Sec.
4509.101.
(A)(1)
No person shall operate, or permit the operation of, a motor vehicle
in this state, unless proof of financial responsibility is maintained
continuously throughout the registration period with respect to that
vehicle, or, in the case of a driver who is not the owner, with
respect to that driver's operation of that vehicle.

(2)
Whoever violates division (A)(1) of this section shall be subject to
the following civil penalties:

(a)
Subject to divisions (A)(2)(b) and (c) of this section, a class (F)
suspension of the person's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege for the period of time specified in
division (B)(6) of section 4510.02 of the Revised Code and
impoundment of the person's license. The court may grant limited
driving privileges to the person, but only if the person presents
proof of financial responsibility and is enrolled in a reinstatement
fee payment plan pursuant to section 4510.10 of the Revised Code.

(b)
If, within one year of the violation, the person's operating
privileges are again suspended and the person's license again is
impounded for a violation of division (A)(1) of this section, a class
C suspension of the person's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege for the period of time specified in
division (B)(3) of section 4510.02 of the Revised Code. The court may
grant limited driving privileges to the person only if the person
presents proof of financial responsibility and has complied with
division (A)(5) of this section, and no court may grant limited
driving privileges for the first fifteen days of the suspension.

(c)
If, within one year of the violation, the person's operating
privileges are suspended and the person's license is impounded two or
more times for a violation of division (A)(1) of this section, a
class B suspension of the person's driver's license, commercial
driver's license, temporary instruction permit, probationary license,
or nonresident operating privilege for the period of time specified
in division (B)(2) of section 4510.02 of the Revised Code. The court
may grant limited driving privileges to the person only if the person
presents proof of financial responsibility and has complied with
division (A)(5) of this section, except that no court may grant
limited driving privileges for the first thirty days of the
suspension.

The
clerk of court shall waive the cost of filing a petition for limited
driving privileges if, pursuant to section 2323.311 of the Revised
Code, the petitioner applies to be qualified as an indigent litigant
and the court approves the application.

(3)
A person to whom this state has issued a certificate of registration
for a motor vehicle or a license to operate a motor vehicle or who is
determined to have operated any motor vehicle or permitted the
operation in this state of a motor vehicle owned by the person shall
be required to verify the existence of proof of financial
responsibility covering the operation of the motor vehicle or the
person's operation of the motor vehicle under either of the following
circumstances:

(a)
The person or a motor vehicle owned by the person is involved in a
traffic accident that requires the filing of an accident report under
section 4509.06 of the Revised Code.

(b)
The person receives a traffic ticket indicating that proof of the
maintenance of financial responsibility was not produced upon the
request of a peace officer or state highway patrol trooper made in
accordance with division (D)(2) of this section.

(4)
An order of the registrar that suspends a license shall state the
date on or before which the person is required to surrender the
person's license. The person is deemed to have surrendered the
license, in compliance with the order, if the person does either of
the following:

(a)
On or before the date specified in the order, delivers the license to
the registrar;

(b)
Mails the license to the registrar in an envelope or container
bearing a postmark showing a date no later than the date specified in
the order.

(5)
Except as provided in division (L) of this section, the registrar
shall not restore any operating privileges suspended under this
section, return any license surrendered under this section, or
reissue a license under section 4510.52 of the Revised Code, if the
registrar destroyed the suspended license under that section, unless
the rights are not subject to suspension or revocation under any
other law and unless the person, in addition to complying with all
other conditions required by law for reinstatement of the operating
privileges, complies with all of the following:

(a)
Pays to the registrar or an eligible deputy registrar a financial
responsibility reinstatement fee of forty dollars for the first
violation of division (A)(1) of this section, three hundred dollars
for a second violation of that division, and six hundred dollars for
a third or subsequent violation of that division;

(b)
Files and continuously maintains proof of financial responsibility in
accordance with sections 4509.44 to 4509.65 of the Revised Code;

(c)
Pays a deputy registrar a service fee of ten dollars to compensate
the deputy registrar for services performed under this section. The
deputy registrar shall retain eight dollars of the service fee and
shall transmit the reinstatement fee and two dollars of the service
fee to the registrar in the manner the registrar shall determine.

(B)(1)
Every party required to file an accident report under section 4509.06
of the Revised Code also shall include with the report a document
described in division (G)(1)(a) of this section or shall present
proof of financial responsibility through use of an electronic
wireless communications device as permitted by division (G)(1)(b) of
this section.

If
the registrar determines, within forty-five days after the report is
filed, that an operator or owner has violated division (A)(1) of this
section, the registrar shall do all of the following:

(a)
Order the suspension required under division (A)(2)(a), (b), or (c)
of this section of the license of any operator or owner who has
violated division (A)(1) of this section;

(b)
Record the name and address of the person whose license has been
suspended or is under an order of suspension, the serial number of
the person's license, and the person's social security account
number, if assigned, or, where the motor vehicle that is the subject
of the violation is used for hire or principally in connection with
any established business, the person's federal taxpayer
identification number. The information shall be recorded in such a
manner that it becomes a part of the person's permanent record, and
assists the registrar in monitoring compliance with the orders of
suspension.

(c)
Send written notification to every person to whom the order pertains,
at the person's last known address as shown on the records of the
bureau. The person, within ten days after the date of the mailing of
the notification, shall surrender to the registrar, in a manner set
forth in division (A)(4) of this section, any license under an order
of suspension.

(2)
The registrar shall issue any order under division (B)(1) of this
section without a hearing. Any person adversely affected by the
order, within
ten

fifteen

days
after the issuance of the order, may request an administrative
hearing before the registrar, who shall provide the person with an
opportunity for a hearing in accordance with this paragraph. A
request for a hearing does not operate as a suspension of the order.
The scope of the hearing shall be limited to whether the person in
fact demonstrated to the registrar proof of financial responsibility
in accordance with this section. The registrar shall determine the
date, time, and place of any hearing, provided that the hearing shall
be held, and an order issued or findings made, within thirty days
after the registrar receives a request for a hearing. If requested by
the person in writing, the registrar may designate as the place of
hearing the county seat of the county in which the person resides or
a place within fifty miles of the person's residence. The person
shall pay the cost of the hearing before the registrar, if the
registrar's order of suspension is upheld.

(C)
Any order of suspension issued under this section or division (B) of
section 4509.37 of the Revised Code may be terminated at any time if
the registrar determines upon a showing of proof of financial
responsibility that the operator or owner of the motor vehicle was in
compliance with division (A)(1) of this section at the time of the
traffic offense, motor vehicle inspection, or accident that resulted
in the order against the person. A determination may be made without
a hearing. This division does not apply unless the person shows good
cause for the person's failure to present satisfactory proof of
financial responsibility to the registrar prior to the issuance of
the order.

(D)(1)(a)
For the purpose of enforcing this section, every peace officer is
deemed an agent of the registrar.

(b)
Any peace officer who, in the performance of the peace officer's
duties as authorized by law, becomes aware of a person whose license
is under an order of suspension, pursuant to this section, may
confiscate the license and return it to the registrar.

(2)
A peace officer shall request the owner or operator of a motor
vehicle to produce proof of financial responsibility in a manner
described in division (G) of this section at the time the peace
officer acts to enforce the traffic laws of this state and during
motor vehicle inspections conducted pursuant to section 4513.02 of
the Revised Code.

(3)
A peace officer shall indicate on every traffic ticket whether the
person receiving the traffic ticket produced proof of the maintenance
of financial responsibility in response to the officer's request
under division (D)(2) of this section. The peace officer shall inform
every person who receives a traffic ticket and who has failed to
produce proof of the maintenance of financial responsibility that the
person must submit proof to the traffic violations bureau with any
payment of a fine and costs for the ticketed violation or, if the
person is to appear in court for the violation, the person must
submit proof to the court.

(4)(a)
If a person who has failed to produce proof of the maintenance of
financial responsibility appears in court for a ticketed violation,
the court may permit the defendant to present evidence of proof of
financial responsibility to the court at such time and in such manner
as the court determines to be necessary or appropriate. In a manner
prescribed by the registrar, the clerk of courts shall provide the
registrar with the identity of any person who fails to submit proof
of the maintenance of financial responsibility pursuant to division
(D)(3) of this section.

(b)
If a person who has failed to produce proof of the maintenance of
financial responsibility also fails to submit that proof to the
traffic violations bureau with payment of a fine and costs for the
ticketed violation, the traffic violations bureau, in a manner
prescribed by the registrar, shall notify the registrar of the
identity of that person.

(5)(a)
Upon receiving notice from a clerk of courts or traffic violations
bureau pursuant to division (D)(4) of this section, the registrar
shall order the suspension of the license of the person required
under division (A)(2)(a), (b), or (c) of this section, effective
forty-five days after the date of the mailing of notification. The
registrar also shall notify the person that the person must present
the registrar with proof of financial responsibility in accordance
with this section, surrender to the registrar the person's license,
or submit a statement subject to section 2921.13 of the Revised Code
that the person did not operate or permit the operation of the motor
vehicle at the time of the offense. Notification shall be in writing
and shall be sent to the person at the person's last known address as
shown on the records of the bureau of motor vehicles. The person,
within forty-five days after the date of the mailing of notification,
shall present proof of financial responsibility, surrender the
license to the registrar in a manner set forth in division (A)(4) of
this section, or submit the statement required under this section
together with other information the person considers appropriate.

If
the registrar does not receive proof or the person does not surrender
the license, in accordance with this division, the registrar shall
permit the order for the suspension of the license of the person to
take effect.

(b)
In the case of a person who presents, within the forty-five-day
period, proof of financial responsibility, the registrar shall
terminate the order of suspension and shall send written notification
to the person, at the person's last known address as shown on the
records of the bureau.

(c)
Any person adversely affected by the order of the registrar under
division (D)(5)(a) or (b) of this section, within
ten

fifteen

days
after the issuance of the order, may request an administrative
hearing before the registrar, who shall provide the person with an
opportunity for a hearing in accordance with this paragraph. A
request for a hearing does not operate as a suspension of the order.
The scope of the hearing shall be limited to whether, at the time of
the hearing, the person presents proof of financial responsibility
covering the vehicle and whether the person is eligible for an
exemption in accordance with this section or any rule adopted under
it. The registrar shall determine the date, time, and place of any
hearing; provided, that the hearing shall be held, and an order
issued or findings made, within thirty days after the registrar
receives a request for a hearing. If requested by the person, the
hearing may be held remotely by electronic means. If requested by the
person in writing, the registrar may designate as the place of
hearing the county seat of the county in which the person resides or
a place within fifty miles of the person's residence. Such person
shall pay the cost of the hearing before the registrar, if the
registrar's order of suspension under division (D)(5)(a) or (b) of
this section is upheld.

(6)
Any forms used by law enforcement agencies in administering this
section shall be prescribed, supplied, and paid for by the registrar.

(7)
No peace officer, law enforcement agency employing a peace officer,
or political subdivision or governmental agency that employs a peace
officer shall be liable in a civil action for damages or loss to
persons arising out of the performance of any duty required or
authorized by this section.

(8)
As used in this section, "peace officer" has the meaning
set forth in section 2935.01 of the Revised Code.

(E)
All fees, except court costs, fees paid to a deputy registrar, and
those portions of the financial responsibility reinstatement fees as
otherwise specified in this division, collected under this section
shall be paid into the state treasury to the credit of the public
safety - highway purposes fund established in section 4501.06 of the
Revised Code and used to cover costs incurred by the bureau in the
administration of this section and sections 4503.20, 4507.212, and
4509.81 of the Revised Code, and by any law enforcement agency
employing any peace officer who returns any license to the registrar
pursuant to division (C) of this section.

Of
each financial responsibility reinstatement fee the registrar
collects pursuant to division (A)(5)(a) of this section or receives
from a deputy registrar under division (A)(5)(c) of this section, the
registrar shall deposit ten dollars of each forty-dollar
reinstatement fee, fifty dollars of each three-hundred-dollar
reinstatement fee, and one hundred dollars of each six-hundred-dollar
reinstatement fee into the state treasury to the credit of the
indigent defense support fund created by section 120.08 of the
Revised Code.

(F)
Chapter 119. of the Revised Code applies to this section only to the
extent that any provision in that chapter is not clearly inconsistent
with this section.

(G)(1)(a)
The registrar, court, traffic violations bureau, or peace officer may
require proof of financial responsibility to be demonstrated by use
of a standard form prescribed by the registrar. If the use of a
standard form is not required, a person may demonstrate proof of
financial responsibility under this section by presenting to the
traffic violations bureau, court, registrar, or peace officer any of
the following documents or a copy of the documents:

(i)
A financial responsibility identification card as provided in section
4509.103 of the Revised Code;

(ii)
A certificate of proof of financial responsibility on a form provided
and approved by the registrar for the filing of an accident report
required to be filed under section 4509.06 of the Revised Code;

(iii)
A policy of liability insurance, a declaration page of a policy of
liability insurance, or liability bond, if the policy or bond
complies with section 4509.20 or sections 4509.49 to 4509.61 of the
Revised Code;

(iv)
A bond or certification of the issuance of a bond as provided in
section 4509.59 of the Revised Code;

(v)
A certificate of deposit of money or securities as provided in
section 4509.62 of the Revised Code;

(vi)
A certificate of self-insurance as provided in section 4509.72 of the
Revised Code.

(b)
A person also may present proof of financial responsibility under
this section to the traffic violations bureau, court, registrar, or
peace officer through use of an electronic wireless communications
device as specified under section 4509.103 of the Revised Code.

(2)
If a person fails to demonstrate proof of financial responsibility in
a manner described in division (G)(1) of this section, the person may
demonstrate proof of financial responsibility under this section by
any other method that the court or the bureau, by reason of
circumstances in a particular case, may consider appropriate.

(3)
A motor carrier certificated by the interstate commerce commission or
by the public utilities commission may demonstrate proof of financial
responsibility by providing a statement designating the motor
carrier's operating authority and averring that the insurance
coverage required by the certificating authority is in full force and
effect.

(4)(a)
A finding by the registrar or court that a person is covered by proof
of financial responsibility in the form of an insurance policy or
surety bond is not binding upon the named insurer or surety or any of
its officers, employees, agents, or representatives and has no legal
effect except for the purpose of administering this section.

(b)
The preparation and delivery of a financial responsibility
identification card or any other document authorized to be used as
proof of financial responsibility and the generation and delivery of
proof of financial responsibility to an electronic wireless
communications device that is displayed on the device as text or
images does not do any of the following:

(i)
Create any liability or estoppel against an insurer or surety, or any
of its officers, employees, agents, or representatives;

(ii)
Constitute an admission of the existence of, or of any liability or
coverage under, any policy or bond;

(iii)
Waive any defenses or counterclaims available to an insurer, surety,
agent, employee, or representative in an action commenced by an
insured or third-party claimant upon a cause of action alleged to
have arisen under an insurance policy or surety bond or by reason of
the preparation and delivery of a document for use as proof of
financial responsibility or the generation and delivery of proof of
financial responsibility to an electronic wireless communications
device.

(c)
Whenever it is determined by a final judgment in a judicial
proceeding that an insurer or surety, which has been named on a
document or displayed on an electronic wireless communications device
accepted by a court or the registrar as proof of financial
responsibility covering the operation of a motor vehicle at the time
of an accident or offense, is not liable to pay a judgment for
injuries or damages resulting from such operation, the registrar,
notwithstanding any previous contrary finding, shall forthwith
suspend the operating privileges and registration rights of the
person against whom the judgment was rendered as provided in division
(A)(2) of this section.

(H)
In order for any document or display of text or images on an
electronic wireless communications device described in division
(G)(1) of this section to be used for the demonstration of proof of
financial responsibility under this section, the document or words or
images shall state the name of the insured or obligor, the name of
the insurer or surety company, and the effective and expiration dates
of the financial responsibility, and designate by explicit
description or by appropriate reference all motor vehicles covered
which may include a reference to fleet insurance coverage.

(I)
For purposes of this section, "owner" does not include a
licensed motor vehicle leasing dealer as defined in section 4517.01
of the Revised Code, but does include a motor vehicle renting dealer
as defined in section 4549.65 of the Revised Code. Nothing in this
section or in section 4509.51 of the Revised Code shall be construed
to prohibit a motor vehicle renting dealer from entering into a
contractual agreement with a person whereby the person renting the
motor vehicle agrees to be solely responsible for maintaining proof
of financial responsibility, in accordance with this section, with
respect to the operation, maintenance, or use of the motor vehicle
during the period of the motor vehicle's rental.

(J)
The purpose of this section is to require the maintenance of proof of
financial responsibility with respect to the operation of motor
vehicles on the highways of this state, so as to minimize those
situations in which persons are not compensated for injuries and
damages sustained in motor vehicle accidents. The general assembly
finds that this section contains reasonable civil penalties and
procedures for achieving this purpose.

(K)
Nothing in this section shall be construed to be subject to section
4509.78 of the Revised Code.

(L)(1)
The registrar may terminate any suspension imposed under this section
and not require the owner to comply with division (A)(5) of this
section if the registrar with or without a hearing determines that
the owner of the vehicle has established by clear and convincing
evidence that all of the following apply:

(a)
The owner customarily maintains proof of financial responsibility.

(b)
Proof of financial responsibility was not in effect for the vehicle
on the date in question for one of the following reasons:

(i)
The vehicle was inoperable.

(ii)
The vehicle is operated only seasonally, and the date in question was
outside the season of operation.

(iii)
A person other than the vehicle owner or driver was at fault for the
lapse of proof of financial responsibility through no fault of the
owner or driver.

(iv)
The lapse of proof of financial responsibility was caused by
excusable neglect under circumstances that are not likely to recur
and do not suggest a purpose to evade the requirements of this
chapter.

(2)
The registrar may grant an owner or driver relief for a reason
specified in division (L)(1)(b)(iii) or (iv) of this section only if
the owner or driver has not previously been granted relief under
division (L)(1)(b)(iii) or (iv) of this section.

(M)
The registrar shall adopt rules in accordance with Chapter 119. of
the Revised Code that are necessary to administer and enforce this
section. The rules shall include provisions relating to acceptable
forms of proof of financial responsibility, the use of an electronic
wireless communications device to present proof of financial
responsibility, and verification of the existence of financial
responsibility during the period of registration.

(N)(1)
When a person utilizes an electronic wireless communications device
to present proof of financial responsibility, only the evidence of
financial responsibility displayed on the device shall be viewed by
the registrar, peace officer, employee or official of the traffic
violations bureau, or the court. No other content of the device shall
be viewed for purposes of obtaining proof of financial
responsibility.

(2)
When a person provides an electronic wireless communications device
to the registrar, a peace officer, an employee or official of a
traffic violations bureau, or the court, the person assumes the risk
of any resulting damage to the device unless the registrar, peace
officer, employee, or official, or court personnel purposely,
knowingly, or recklessly commits an action that results in damage to
the device.

Sec.
4509.70.
(A)
After consultation with the insurance companies authorized to issue
automobile liability or physical damage policies, or both, in this
state, the superintendent of insurance shall approve a reasonable
plan, fair and equitable to the insurers and to their policyholders,
for the apportionment among such companies of applicants for such
policies and for motor-vehicle liability policies who are in good
faith entitled to but are unable to procure such policies through
ordinary methods. When any such plan has been approved by the
superintendent, all such insurance companies shall subscribe and
participate. Any applicant for such policy, any person insured under
such plan of operation, and any insurance company affected, may
appeal to the superintendent of insurance from any ruling or decision
of the manager or committee designated in the plan to operate the
assigned risk insurance plan. Any order or act of the superintendent
under this section is subject to review as provided in sections
119.01 to 119.13 of the Revised Code, at the instance of any party in
interest.

(B)
The plan described in division (A) of this section may permit the
assigned risk insurance plan to directly issue and process claims
arising from such policies described in division (A) of this section
to applicants of automobile insurance policies who are in good faith
entitled to but are unable to procure such policies through ordinary
methods.

(C)
Every form of a policy, endorsement, rider, manual of
classifications, rules, and rates, every rating plan, and every
modification of any of them proposed to be used by the assigned risk
insurance plan shall be filed, or the plan may satisfy its obligation
to make such filings, as described in section 3937.03 of the Revised
Code.

(D)
Any automobile insurance policy issued by the assigned risk insurance
plan under division (B) of this section:

(1)
Shall be recognized as if issued by an insurance company authorized
to do business in this state;

(2)
Shall meet all requirements of proof of financial responsibility as
described in division (K) of section 4509.01 of the Revised Code.

(E)
Proof of financial responsibility provided by the assigned risk
insurance plan to an automobile insurance policyholder that meets the
requirements described in division (G)(1)(a) or (b) of section
4509.101 of the Revised Code shall be recognized as if issued by an
insurance company authorized to do business in this state to
demonstrate proof of financial responsibility under section 4509.101
of the Revised Code.

(F)
The assigned risk insurance plan designated in division (A) of this
section shall do both of the following:

(1)
Make annual audited financial reports available to the superintendent
of insurance promptly upon the completion of such audit;

(2)
Upon reasonable notice, make available to the superintendent of
insurance all books and records relating to the insurance
transactions of the assigned risk insurance plan.

(G)(1)
Except as provided in division (G)(2) of this section, records
created, held by, or pertaining to the assigned risk insurance plan
are not public records under section 149.43 of the Revised Code, are
confidential, and are not subject to inspection or disclosure.

(2)
Division (G)(1) of this section does not apply to the plan of
operation and other information required to be filed under this
section with the superintendent unless otherwise prohibited from
release by law.

(H)(1)
For the purposes of division (H) of this section, "insurance
agent" has the same meaning as in section 3905.01 of the Revised
Code.

(2)
Provided that the assigned risk insurance plan establishes
registration procedures for insurance agents under division (H)(3) of
this section, the plan shall not accept an application for an
automobile insurance policy issued under division (B) of this section
unless that application is submitted through an insurance agent
registered in accordance with those procedures.

(3)
The plan may do all of the following:

(a)
Establish procedures to register insurance agents;

(b)
Establish separate registrations for commercial and personal
insurance agents, or one registration for both;

(c)
Empower the manager of the plan to make determinations on
registration status, including by revoking an insurance agent's
registration.

(4)
If an insurance agent is denied registration with the plan, or the
insurance agent's registration is revoked, the plan may notify the
superintendent of the plan's decision. The plan and manager are
immune from civil liability for any decision to deny or revoke
registration and from any decision to report denials or revocations
to the superintendent.

(5)
All insurance agents submitting applications to the plan for
automobile insurance coverage have an affirmative duty to ensure that
all information included in the application and any supporting
materials is true and accurate.

(6)(a)
An insurance agent shall not submit an application to the plan for
automobile insurance coverage unless the agent exercises due
diligence in confirming that the person seeking insurance is unable
to obtain coverage through an insurer authorized to do business in
this state.

(b)
For the purposes of this section, due diligence requires an insurance
agent to contact at least five of the authorized insurers the agent
represents or, if the agent does not represent five authorized
insurers that customarily write automobile insurance coverage, as
many of such insurers as the agent represents.

(c)
An insurance agent may assume that insurance coverage cannot be
procured for the applicant through ordinary methods after each
insurer contacted under division (H)(6)(b) of this section declines
to provide coverage.

(d)
An insurance agent may assume that an authorized insurer declines to
provide coverage to the applicant seeking insurance upon either of
the following:

(i)
Receiving notice from the insurer declining coverage;

(ii)
Receiving no response from the insurer within ten days after the date
the insurance agent initially makes contact with the insurer.

(e)
The determination of whether an insurance agent has adequately
complied with the due diligence requirements is at the discretion of
the manager of the plan.

(f)
An agent shall not submit an application on behalf of an applicant to
the plan for any automobile insurance policy if any insurer admitted,
authorized, or otherwise eligible to do business in this state has in
any way communicated a willingness to insure the applicant, even if
coverage provided by the plan costs less than other insurers.

(g)
The manager of the plan may revoke the registration of an insurance
agent who fails to comply with division (H)(6) of this section.

Sec.
4511.01.
As
used in this chapter and in Chapter 4513. of the Revised Code:

(A)
"Vehicle" means every device, including a bicycle,
motorized bicycle, and an electric bicycle, in, upon, or by which any
person or property may be transported or drawn upon a highway.
"Vehicle" does not include any motorized wheelchair, any
electric personal assistive mobility device, any low-speed
micromobility device, any personal delivery device as defined in
section 4511.513 of the Revised Code, any device that is moved by
power collected from overhead electric trolley wires or that is used
exclusively upon stationary rails or tracks, or any device that is
moved by human power.

(B)
"Motor vehicle" means every vehicle propelled or drawn by
power other than muscular power or power collected from overhead
electric trolley wires, except motorized bicycles, electric bicycles,
road rollers, traction engines, power shovels, power cranes, and
other equipment used in construction work and not designed for or
employed in general highway transportation, hole-digging machinery,
well-drilling machinery, ditch-digging machinery, farm machinery, and
trailers designed and used exclusively to transport a boat between a
place of storage and a marina, or in and around a marina, when drawn
or towed on a street or highway for a distance of no more than ten
miles and at a speed of twenty-five miles per hour or less.

(C)
"Motorcycle" means every motor vehicle, other than a
tractor, having a seat or saddle for the use of the operator and
designed to travel on not more than three wheels in contact with the
ground, including, but not limited to, motor vehicles known as
"motor-driven cycle," "motor scooter,"
"autocycle," "cab-enclosed motorcycle," or
"motorcycle" without regard to weight or brake horsepower.

(D)
"Emergency vehicle" means emergency vehicles of municipal,
township, or county departments or public utility corporations when
identified as such as required by law, the director of public safety,
or local authorities, and motor vehicles when commandeered by a
police officer.

(E)
"Public safety vehicle" means any of the following:

(1)
Ambulances, including private ambulance companies under contract to a
municipal corporation, township, or county, and private ambulances
and nontransport vehicles bearing license plates issued under section
4503.49 of the Revised Code;

(2)
Motor vehicles used by public law enforcement officers or other
persons sworn to enforce the criminal and traffic laws of the state;

(3)
Any motor vehicle when properly identified as required by the
director of public safety, when used in response to fire emergency
calls or to provide emergency medical service to ill or injured
persons, and when operated by a duly qualified person who is a member
of a volunteer rescue service or a volunteer fire department, and who
is on duty pursuant to the rules or directives of that service. The
state fire marshal shall be designated by the director of public
safety as the certifying agency for all public safety vehicles
described in division (E)(3) of this section.

(4)
Vehicles used by fire departments, including motor vehicles when used
by volunteer fire fighters responding to emergency calls in the fire
department service when identified as required by the director of
public safety.

Any
vehicle used to transport or provide emergency medical service to an
ill or injured person, when certified as a public safety vehicle,
shall be considered a public safety vehicle when transporting an ill
or injured person to a hospital regardless of whether such vehicle
has already passed a hospital.

(5)
Vehicles used by the motor carrier enforcement unit for the
enforcement of orders and rules of the public utilities commission as
specified in section 5503.34 of the Revised Code.

(F)
"School bus" means every bus designed for carrying more
than nine passengers that is owned by a public, private, or
governmental agency or institution of learning and operated for the
transportation of children to or from a school session or a school
function, or owned by a private person and operated for compensation
for the transportation of children to or from a school session or a
school function. "School bus" does not include any of the
following:

(1)
A bus operated by a municipally owned transportation system, a mass
transit company operating exclusively within the territorial limits
of a municipal corporation, or within such limits and the territorial
limits of municipal corporations immediately contiguous to such
municipal corporation, nor a common passenger carrier certified by
the public utilities commission unless such bus is devoted
exclusively to the transportation of children to and from a school
session or a school function;

(2)
A van or bus used by a licensed child care center or type A family
child care home to transport children from the child care center or
type A family child care home to a school if the van or bus does not
have more than fifteen children in the van or bus at any time;

(3)
An alternative vehicle as defined in section 4511.76 of the Revised
Code.

(G)
"Bicycle" means a pedal-powered vehicle upon which a human
operator sits, including an electric bicycle.

(H)
"Motorized bicycle" or "moped" means any vehicle
having either two tandem wheels or one wheel in the front and two
wheels in the rear, that may be pedaled, and that is equipped with a
helper motor of not more than fifty cubic centimeters piston
displacement that produces not more than one brake horsepower and is
capable of propelling the vehicle at a speed of not greater than
twenty miles per hour on a level surface. "Motorized bicycle"
or "moped" does not include an electric bicycle.

(I)
"Commercial tractor" means every motor vehicle having
motive power designed or used for drawing other vehicles and not so
constructed as to carry any load thereon, or designed or used for
drawing other vehicles while carrying a portion of such other
vehicles, or load thereon, or both.

(J)
"Agricultural tractor" and "traction engine" mean
every self-propelling vehicle designed or used for drawing other
vehicles or wheeled machinery but having no provision for carrying
loads independently of such other vehicles, and used principally for
agricultural purposes.

(K)
"Truck" means every motor vehicle, except trailers and
semitrailers, designed and used to carry property.

(L)
"Bus" means every motor vehicle designed for carrying more
than nine passengers and used for the transportation of persons other
than in a ridesharing arrangement, and every motor vehicle,
automobile for hire, or funeral car, other than a taxicab or motor
vehicle used in a ridesharing arrangement, designed and used for the
transportation of persons for compensation.

(M)
"Trailer" means every vehicle designed or used for carrying
persons or property wholly on its own structure and for being drawn
by a motor vehicle, including any such vehicle when formed by or
operated as a combination of a "semitrailer" and a vehicle
of the dolly type, such as that commonly known as a "trailer
dolly," a vehicle used to transport agricultural produce or
agricultural production materials between a local place of storage or
supply and the farm when drawn or towed on a street or highway at a
speed greater than twenty-five miles per hour, and a vehicle designed
and used exclusively to transport a boat between a place of storage
and a marina, or in and around a marina, when drawn or towed on a
street or highway for a distance of more than ten miles or at a speed
of more than twenty-five miles per hour.

(N)
"Semitrailer" means every vehicle designed or used for
carrying persons or property with another and separate motor vehicle
so that in operation a part of its own weight or that of its load, or
both, rests upon and is carried by another vehicle.

(O)
"Pole trailer" means every trailer or semitrailer attached
to the towing vehicle by means of a reach, pole, or by being boomed
or otherwise secured to the towing vehicle, and ordinarily used for
transporting long or irregular shaped loads such as poles, pipes, or
structural members capable, generally, of sustaining themselves as
beams between the supporting connections.

(P)
"Railroad" means a carrier of persons or property operating
upon rails or tracks placed principally on a private right-of-way.

(Q)
"Train" means one or more locomotives coupled, with or
without cars, that operates on rails or tracks and to which all other
traffic is required by law to yield the right-of-way at highway-rail
grade crossings.

(R)
"Streetcar" means a car, other than a train, for
transporting persons or property, operated upon rails principally
within a street or highway.

(S)
"Trackless trolley" means every car that collects its power
from overhead electric trolley wires and that is not operated upon
rails or tracks.

(T)
"Explosives" means any chemical compound or mechanical
mixture that is intended for the purpose of producing an explosion
that contains any oxidizing and combustible units or other
ingredients in such proportions, quantities, or packing that an
ignition by fire, by friction, by concussion, by percussion, or by a
detonator of any part of the compound or mixture may cause such a
sudden generation of highly heated gases that the resultant gaseous
pressures are capable of producing destructive effects on contiguous
objects, or of destroying life or limb. Manufactured articles shall
not be held to be explosives when the individual units contain
explosives in such limited quantities, of such nature, or in such
packing, that it is impossible to procure a simultaneous or a
destructive explosion of such units, to the injury of life, limb, or
property by fire, by friction, by concussion, by percussion, or by a
detonator, such as fixed ammunition for small arms, firecrackers, or
safety fuse matches.

(U)
"Flammable liquid" means any liquid that has a flash point
of seventy degrees fahrenheit, or less, as determined by a tagliabue
or equivalent closed cup test device.

(V)
"Gross weight" means the weight of a vehicle plus the
weight of any load thereon.

(W)
"Person" means every natural person, firm, co-partnership,
association, or corporation.

(X)
"Pedestrian" means any person on foot, in a motorized or
non-motorized wheelchair, or using another equivalent device, such as
skates or a skateboard. "Pedestrian" includes a personal
delivery device as defined in section 4511.513 of the Revised Code
unless the context clearly suggests otherwise.

(Y)
"Driver or operator" means every person who drives or is in
actual physical control of a vehicle, trackless trolley, or
streetcar.

(Z)
"Police officer" means every officer authorized to direct
or regulate traffic, or to make arrests for violations of traffic
regulations.

(AA)
"Local authorities" means every county, municipal, and
other local board or body having authority to adopt police
regulations under the constitution and laws of this state.

(BB)
"Street" or "highway" means a general term for
denoting a public way for purposes of travel by vehicles, streetcars,
trackless trolleys, and vulnerable road users, including the entire
area within the right-of-way.

(CC)
"Controlled-access highway" means every street or highway
in respect to which owners or occupants of abutting lands and other
persons have no legal right of access to or from the same except at
such points only and in such manner as may be determined by the
public authority having jurisdiction over such street or highway.

(DD)
"Private road" means every way or place in private
ownership used for vehicular travel by the owner and those having
express or implied permission from the owner but not by other
persons.

(EE)
"Roadway" means that portion of a highway improved,
designed, or ordinarily used for vehicular travel and parking lanes,
not including the berm, sidewalk, or shoulder, even if the berm,
sidewalk, or shoulder is used by a person operating a bicycle or
other human-powered vehicle. If a highway includes two or more
separate roadways the term "roadway" means any such roadway
separately but not all such roadways collectively.

(FF)
"Sidewalk" means that portion of a street between the curb
lines, or the lateral lines of a roadway, and the adjacent property
lines or easements of private property, that is paved or improved,
and is intended for the use of pedestrians.

(GG)
"Laned highway" means a highway the roadway of which is
divided into two or more clearly marked lanes for vehicular traffic.

(HH)
"Through highway" means every street or highway as provided
in section 4511.65 of the Revised Code.

(II)
"State highway" means a highway under the jurisdiction of
the department of transportation, outside the limits of municipal
corporations, provided that the authority conferred upon the director
of transportation in section 5511.01 of the Revised Code to erect
state highway route markers and signs directing traffic shall not be
modified by sections 4511.01 to 4511.79 and 4511.99 of the Revised
Code.

(JJ)
"State route" means every highway that is designated with
an official state route number and so marked.

(KK)
"Intersection" means:

(1)
The area embraced within the prolongation or connection of the
lateral curb lines, or, if none, the lateral boundary lines of the
roadways of two highways that join one another at, or approximately
at, right angles, or the area within which vehicles traveling upon
different highways that join at any other angle might come into
conflict. The junction of an alley, driveway, or site roadway open to
public travel with a public roadway or highway does not constitute an
intersection, unless the public roadway or highway at the junction is
controlled by a traffic control device.

(2)
If a highway includes two roadways separated by a median, then every
crossing of each roadway of such divided highway by an intersecting
highway constitutes a separate intersection if the opposing left-turn
paths cross and there is sufficient interior storage for the design
vehicle. As used in this division, "design vehicle" means
the longest vehicle authorized under section 5577.05 of the Revised
Code to operate on that roadway without a permit.

(3)
At a location controlled by a highway traffic signal, regardless of
the distance between the separate intersections as described in
division (KK)(2) of this section:

(a)
If a stop line, yield line, or crosswalk has not been designated on
the roadway within the median between the separate intersections, the
two intersections and the roadway and median constitute one
intersection.

(b)
Where a stop line, yield line, or crosswalk is designated on the
roadway on the intersection approach, the area within the crosswalk
and any area beyond the designated stop line or yield line constitute
part of the intersection.

(c)
Where a crosswalk is designated on a roadway on the departure from
the intersection, the intersection includes the area that extends to
the far side of the crosswalk.

(LL)
"Crosswalk" means:

(1)
That part of a roadway at an intersection included within the
connections of the lateral lines of the sidewalks on opposite sides
of the highway measured from the curbs, or, in the absence of curbs,
from the edges of the traversable roadway, and in the absence of a
sidewalk on one side of the roadway, the part of a roadway included
within the extension of the lateral lines of the sidewalk at right
angles to the center line;

(2)
Any portion of a roadway at an intersection or elsewhere, distinctly
indicated for pedestrian crossing by lines or other markings on the
surface, which might be supplemented by contrasting pavement texture,
style, or color;

(3)
Notwithstanding divisions (LL)(1) and (2) of this section,
"crosswalk" does not include an area where local
authorities have placed signs indicating no crossing.

(MM)
"Safety zone" means the area or space officially set apart
within a roadway for the exclusive use of pedestrians and protected
or marked or indicated by adequate signs as to be plainly visible at
all times.

(NN)
"Business district" means the territory fronting upon a
street or highway, including the street or highway, between
successive intersections within municipal corporations where fifty
per cent or more of the frontage between such successive
intersections is occupied by buildings in use for business, or within
or outside municipal corporations where fifty per cent or more of the
frontage for a distance of three hundred feet or more is occupied by
buildings in use for business, and the character of such territory is
indicated by official traffic control devices.

(OO)
"Residence district" means the territory, not comprising a
business district, fronting on a street or highway, including the
street or highway, where, for a distance of three hundred feet or
more, the frontage is improved with residences or residences and
buildings in use for business.

(PP)
"Urban district" means the territory contiguous to and
including any street or highway which is built up with structures
devoted to business, industry, or dwelling houses situated at
intervals of less than one hundred feet for a distance of a quarter
of a mile or more, and the character of such territory is indicated
by official traffic control devices.

(QQ)
"Traffic control device" means a flagger, sign, signal,
marking, channelization device, or other device that uses colors,
shapes, symbols, words, sounds, or tactile information for the
primary purpose of communicating a regulatory, warning, or guidance
message to road users on a street, highway, site roadway open to
public travel, pedestrian facility, bikeway, or pathway.

(RR)
"Traffic control signal" means a highway traffic signal
placed at an intersection, movable bridge, fire station, midblock
crosswalk, alternating one-way sections of a single lane road,
private driveway, or other location that requires conflicting traffic
to be directed to stop and permitted to proceed in an orderly manner.
"Traffic control signal" includes a vehicular signal
indication, a pedestrian signal indication, and a bicycle symbol
signal indication. "Traffic control signal" does not
include an emergency-vehicle hybrid beacon or a pedestrian hybrid
beacon.

(SS)
"Railroad sign or signal" means any sign, signal, or device
erected by authority of a public body or official or by a railroad
and intended to give notice of the presence of railroad tracks or the
approach of a train.

(TT)
"Traffic" means pedestrians, ridden or herded animals,
vehicles, streetcars, trackless trolleys, and other devices, either
singly or together, while using for purposes of travel any highway or
site roadway open to public travel.

(UU)
"Right-of-way" means either of the following, as the
context requires:

(1)
The right of a vehicle, streetcar, trackless trolley, or pedestrian
to proceed uninterruptedly in a lawful manner in the direction in
which it or the individual is moving in preference to another
vehicle, streetcar, trackless trolley, or pedestrian approaching from
a different direction into its or the individual's path;

(2)
A general term denoting land, property, or the interest therein,
usually in the configuration of a strip, acquired for or devoted to
transportation purposes. When used in this context, right-of-way
includes the roadway, shoulders or berm, ditch, and slopes extending
to the right-of-way limits under the control of the state or local
authority.

(VV)
"Rural mail delivery vehicle" means every vehicle used to
deliver United States mail on a rural mail delivery route.

(WW)
"Funeral escort vehicle" means any motor vehicle, including
a funeral hearse, while used to facilitate the movement of a funeral
procession.

(XX)
"Alley" means a street or highway intended to provide
access to the rear or side of lots or buildings in urban districts
and not intended for the purpose of through vehicular traffic, and
includes any street or highway that has been declared an "alley"
by the legislative authority of the municipal corporation in which
such street or highway is located.

(YY)
"Freeway" means a divided multi-lane highway for through
traffic with all crossroads separated in grade and with full control
of access.

(ZZ)
"Expressway" means a divided arterial street or highway for
through traffic with full or partial control of access with an excess
of fifty per cent of all crossroads separated in grade.

(AAA)
"Thruway" means a through highway whose entire roadway is
reserved for through traffic and on which roadway parking is
prohibited.

(BBB)
"Stop intersection" means any intersection at one or more
entrances of which stop signs are erected.

(CCC)
"Arterial street or highway" means a street or highway
primarily used by through traffic, usually on a continuous route or a
street or highway designated as part of an arterial system.

(DDD)
"Ridesharing arrangement" means the transportation of
persons in a motor vehicle where such transportation is incidental to
another purpose of a volunteer driver and includes ridesharing
arrangements known as carpools, vanpools, and buspools.

(EEE)
"Motorized wheelchair" means any self-propelled vehicle
designed for, and used by, a person with a disability and that is
incapable of a speed in excess of eight miles per hour.

(FFF)
"Child care center" and "type A family child care
home" have the same meanings as in section 5104.01 of the
Revised Code.

(GGG)
"Multi-wheel agricultural tractor" means a type of
agricultural tractor that has two or more wheels or tires on each
side of one axle at the rear of the tractor, is designed or used for
drawing other vehicles or wheeled machinery, has no provision for
carrying loads independently of the drawn vehicles or machinery, and
is used principally for agricultural purposes.

(HHH)
"Operate" means to cause or have caused movement of a
vehicle, streetcar, or trackless trolley.

(III)
"Predicate motor vehicle or traffic offense" means any of
the following:

(1)
A violation of section 4511.03, 4511.051, 4511.12, 4511.132, 4511.16,
4511.20, 4511.201, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23,
4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31,
4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38,
4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431, 4511.432,
4511.44, 4511.441, 4511.451, 4511.452, 4511.46, 4511.47, 4511.48,
4511.481, 4511.49, 4511.50, 4511.511, 4511.522, 4511.53, 4511.54,
4511.55, 4511.56, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61,
4511.64, 4511.66, 4511.661, 4511.68, 4511.70, 4511.701, 4511.71,
4511.711, 4511.712, 4511.713, 4511.72, 4511.73, 4511.763, 4511.771,
4511.78, or 4511.84 of the Revised Code;

(2)
A violation of division (A)(2) of section 4511.17, divisions (A) to
(D) of section 4511.51, or division (A) of section 4511.74 of the
Revised Code;

(3)
A violation of any provision of sections 4511.01 to 4511.76 of the
Revised Code for which no penalty otherwise is provided in the
section that contains the provision violated;

(4)
A violation of section 4511.214 of the Revised Code;

(5)
A violation of a municipal ordinance that is substantially similar to
any section or provision set forth or described in division (III)(1),
(2), (3), or (4) of this section.

(JJJ)
"Road service vehicle" means wreckers, utility repair
vehicles, and state, county, and municipal service vehicles equipped
with visual signals by means of flashing, rotating, or oscillating
lights.

(KKK)
"Beacon" means a highway traffic signal with one or more
signal sections that operate in a flashing mode.

(LLL)
"Hybrid beacon" means a special type of beacon that is
intentionally placed in a dark mode where no indications are
displayed between periods of operation and, when operated, displays
both steady and flashing highway traffic signal indications. "Hybrid
beacon" includes both of the following:

(1)
An emergency-vehicle hybrid beacon used to warn and control traffic
at an otherwise unsignalized location to assist authorized emergency
vehicles in entering or crossing a street or highway;

(2)
A pedestrian hybrid beacon used to warn and control traffic at an
otherwise unsignalized location to assist pedestrians in crossing a
street or highway at a marked crosswalk.

(MMM)
"Highway traffic signal" means a power-operated traffic
control device by which traffic is warned or directed to take some
specific action. "Highway traffic signal" includes a
beacon, an in-road warning light, a lane-use control signal, and a
traffic control signal. "Highway traffic signal" does not
include a power-operated sign, steadily illuminated pavement marker,
gate, flashing light signal, warning light, or steady burning
electric lamp.

(NNN)
"Median" means the portion of a highway separating opposing
directions of the traveled way or the area between two roadways of a
divided highway, measured from edge of traveled way to edge of
traveled way. The median excludes turn lanes. The width of a median
may be different between intersections, interchanges, and at opposite
approaches of the same intersection.

(OOO)
"Site roadway open to public travel" means a roadway or
bikeway on site of a shopping center, office park, airport, school,
university, sports arena, recreational park, or other similar
business, government, or recreation facility that is publicly or
privately owned but where the public is allowed to travel without
full-time access restrictions. "Site roadway open to public
travel" does not include a roadway where access is restricted at
all times by gates or guards to residents, employees, or other
specifically authorized persons, a parking area, a driving aisle
within a parking area, or a private highway-rail grade crossing.

(PPP)
"Shared-use path" means a bikeway outside the traveled way
and physically separated from motorized vehicular traffic by an open
space or barrier and either within the highway right-of-way or within
an independent alignment. A shared-use path also may be used by
pedestrians, including skaters, joggers, users of manual and
motorized wheelchairs, and other authorized motorized and
non-motorized users. A shared-use path does not include any trail
that is intended to be used primarily for mountain biking, hiking,
equestrian use, or other similar uses, or any other single track or
natural surface trail that has historically been reserved for
nonmotorized use.

(QQQ)
"Highway maintenance vehicle" means a vehicle used in snow
and ice removal or road surface maintenance, including a snow plow,
traffic line striper, road sweeper, mowing machine, asphalt
distributing vehicle, or other such vehicle designed for use in
specific highway maintenance activities.

(RRR)
"Waste collection vehicle" means a vehicle used in the
collection of garbage, refuse, trash, or recyclable materials.

(SSS)
"Electric bicycle" means a "class 1 electric bicycle,"
a "class 2 electric bicycle," or a "class 3 electric
bicycle" as defined in this section.

(TTT)
"Class 1 electric bicycle" means a bicycle that is equipped
with fully operable pedals and an electric motor of less than seven
hundred fifty watts that provides assistance only when the rider is
pedaling and ceases to provide assistance when the bicycle reaches
the speed of twenty miles per hour.

(UUU)
"Class 2 electric bicycle" means a bicycle that is equipped
with fully operable pedals and an electric motor of less than seven
hundred fifty watts that may provide assistance regardless of whether
the rider is pedaling and is not capable of providing assistance when
the bicycle reaches the speed of twenty miles per hour.

(VVV)
"Class 3 electric bicycle" means a bicycle that is equipped
with fully operable pedals and an electric motor of less than seven
hundred fifty watts that provides assistance only when the rider is
pedaling and ceases to provide assistance when the bicycle reaches
the speed of twenty-eight miles per hour.

(WWW)
"Low-speed micromobility device" means a device weighing
less than one hundred pounds that has handlebars, is propelled by an
electric motor or human power, and has an attainable speed on a paved
level surface of not more than twenty miles per hour when propelled
by the electric motor.

(XXX)
"Natural resources officer" means an officer appointed
pursuant to section 1501.24 of the Revised Code.

(YYY)
"Wildlife officer" means an officer designated pursuant to
section 1531.13 of the Revised Code.

(ZZZ)
"In-road warning light" means a special type of highway
traffic signal that is installed in the roadway surface to warn road
users that they are approaching a condition on or adjacent to the
roadway that might not be readily apparent and might require the road
users to reduce speed or come to a complete stop.

(AAAA)
"Lane-use control signal" means a signal face or comparable
display on a full-matrix changeable message sign that displays
indications to permit or prohibit the use of specific lanes of a
roadway or a shoulder where driving is sometimes authorized or to
indicate the impending prohibition of such use.

(BBBB)
"Bicycle box" means a designated area on the approach to a
signalized intersection, between an advance motorist stop line and
the crosswalk or intersection, that is intended to provide bicyclists
a visible location to wait in front of stopped motorists during the
red signal phase.

(CCCC)
"Two-stage bicycle turn box" means a designated area at an
intersection that is intended to provide bicyclists a place to wait
for traffic to clear before proceeding in a different direction of
travel.

(DDDD)
"Bicycle lane" means a portion of a roadway that has been
designated for preferential or exclusive use by bicyclists and is
often delineated from the adjacent general-purpose lanes by
longitudinal pavement markings and either a bicycle lane symbol,
words, or signs. "Bicycle lane" includes all of the
following:

(1)
A buffer-separated bicycle lane, which is separated from the adjacent
general-purpose lanes by a pattern of standard longitudinal pavement
markings that are wider than a normal or wide-lane pavement marking;

(2)
A counter-flow bicycle lane, which is a one-directional bicycle lane
that provides a lawful path of travel for bicycles in the opposite
direction from the general traffic on a roadway that otherwise
requires the general traffic to travel in only one direction. A
counter-flow bicycle lane is designated by the traffic control
devices used for other bicycle lanes;

(3)
A separated bicycle lane, which is an exclusive facility for
bicyclists that is located within or directly adjacent to the roadway
and is physically separated from the motor vehicle traffic with a
vertical element.

(EEEE)
"Bicycle signal face" means a signal face that displays
only bicycle symbol signal indications in accordance with section
4511.15 of the Revised Code, that exclusively controls a bicyclist's
movement from a designated bicycle lane or from a separate facility,
and that displays signal indications that are applicable only to a
bicyclist's movement.

(FFFF)
"Bicycle signal sign" means a sign meant to inform road
users that the signal indications in the bicycle signal face are
intended only for bicyclists, and to inform bicyclists which
bicyclist movements are controlled by that bicycle signal face.

(GGGG)
"Bikeway" means any road, street, path, or way that in some
manner is specifically designated for bicycle travel, regardless of
whether the facility is designated for the exclusive use of bicycles
or if it is shared with other modes of transportation.

(HHHH)
"Busway" means a traveled way that is used exclusively by
buses.

(IIII)
"Driveway" means an access from a roadway to a building,
site, or abutting property.

(JJJJ)
"Roundabout" means a circular intersection with a yield
control at each entry, which permits a vehicle on the circulatory
roadway to proceed, with deflection of the approaching vehicles
counter-clockwise around a central island.

(KKKK)
"Shoulder" means a longitudinal area contiguous with the
traveled way that is used for accommodating vehicles that are stopped
for an emergency and for lateral support of base and surface courses;
graded for emergency stopping; either paved or unpaved; and when
paved, may be open for part-time travel by some or all vehicles or
may also be available for use by pedestrians or bicycles in the
absence of other pedestrian or bicycle facilities.

(LLLL)
"Autocycle," "cab-enclosed motorcycle,"
"electronic," "farm machinery," "motor-driven
cycle or motor scooter," "limited driving privileges,"
and "state" have the same meanings as in section 4501.01 of
the Revised Code.

(MMMM)
"Multifunction school activity bus" means a school bus
whose purposes do not include transporting children to and from home
or school bus stops.

Sec.
4511.75.
(A)
The driver of a vehicle, streetcar, or trackless trolley upon meeting
or overtaking from either direction any school bus stopped for the
purpose of receiving or discharging any school child, person
attending programs offered by community boards of mental health and
county boards of developmental disabilities, or child attending a
program offered by a head start agency, shall stop at least ten feet
from the front or rear of the school bus and shall not proceed until
such school bus resumes motion, or until signaled by the school bus
driver to proceed.

It
is no defense to a charge under this division that the school bus
involved failed to display or be equipped with an automatically
extended stop warning sign as required by division (B) of this
section.

(B)
Every school bus shall be equipped with amber and red visual signals
meeting the requirements of section 4511.771 of the Revised Code, and
an automatically extended stop warning sign of a type approved by the
department of education and workforce, which shall be actuated by the
driver of the bus whenever but only whenever the bus is stopped or
stopping on the roadway for the purpose of receiving or discharging
school children, persons attending programs offered by community
boards of mental health and county boards of developmental
disabilities, or children attending programs offered by head start
agencies. A school bus driver shall not actuate the visual signals or
the stop warning sign in designated school bus loading areas where
the bus is entirely off the roadway or at school buildings when
children or persons attending programs offered by community boards of
mental health and county boards of developmental disabilities are
loading or unloading at curbside or at buildings when children
attending programs offered by head start agencies are loading or
unloading at curbside. The visual signals and stop warning sign shall
be synchronized or otherwise operated as required by rule of the
board.

(C)
Where a highway has been divided into four or more traffic lanes, a
driver of a vehicle, streetcar, or trackless trolley need not stop
for a school bus approaching from the opposite direction which has
stopped for the purpose of receiving or discharging any school child,
persons attending programs offered by community boards of mental
health and county boards of developmental disabilities, or children
attending programs offered by head start agencies. The driver of any
vehicle, streetcar, or trackless trolley overtaking the school bus
shall comply with division (A) of this section.

(D)
School buses operating on divided highways or on highways with four
or more traffic lanes shall receive and discharge all school
children, persons attending programs offered by community boards of
mental health and county boards of developmental disabilities, and
children attending programs offered by head start agencies on their
residence side of the highway.

(E)
No school bus driver shall start the driver's bus until after any
child, person attending programs offered by community boards of
mental health and county boards of developmental disabilities, or
child attending a program offered by a head start agency who may have
alighted therefrom has reached a place of safety on the child's or
person's residence side of the road.

(F)(1)
Whoever violates division (A) of this section may be fined an amount
not to exceed five hundred dollars. A person who is issued a citation
for a violation of division (A) of this section is not permitted to
enter a written plea of guilty and waive the person's right to
contest the citation in a trial but instead must appear in person in
the proper court to answer the charge.

(2)
In addition to and independent of any other penalty provided by law,
the court or mayor may impose upon an offender who violates this
section a class seven suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(7) of section 4510.02 of the Revised
Code. When a license is suspended under this section, the court or
mayor shall cause the offender to deliver the license to the court,
and the court or clerk of the court immediately shall forward the
license to the registrar of motor vehicles, together with notice of
the court's action.

(G)
As used in this section:

(1)
"Head start agency" has the same meaning as in section
3301.32 of the Revised Code.

(2)
"School bus," as used in relation to children who attend a
program offered by a head start agency, means a bus that is owned and
operated by a head start agency, is equipped with an automatically
extended stop warning sign of a type approved by the department, is
painted the color and displays the markings described in section
4511.77 of the Revised Code, and is equipped with amber and red
visual signals meeting the requirements of section 4511.771 of the
Revised Code, irrespective of whether or not the bus has fifteen or
more children aboard at any time. "School bus" does not
include a van owned and operated by a head start agency, irrespective
of its color, lights, or markings
,
or a multifunction school activity bus
.

Sec.
4511.76.
(A)
The department of public safety, by and with the advice of the
department of education and workforce, shall adopt and enforce rules
relating to the construction, design, and equipment, including
lighting equipment required by section 4511.771 of the Revised Code,
of all school buses both publicly and privately owned and operated in
this state.

(B)
The department of education and workforce, by and with the advice of
the director of public safety, shall adopt and enforce rules relating
to the operation of all vehicles used for pupil transportation.

(C)
No person shall operate a vehicle used for pupil transportation
within this state in violation of the rules of the department of
education and workforce or the department of public safety. No
person, being the owner thereof or having the supervisory
responsibility therefor, shall permit the operation of a vehicle used
for pupil transportation within this state in violation of the rules
of the department of education and workforce or the department of
public safety.

(D)
The department of public safety shall adopt and enforce rules
relating to the issuance of a license under section 4511.763 of the
Revised Code. The rules may relate to the condition of the equipment
to be operated; the liability and property damage insurance carried
by the applicant; the posting of satisfactory and sufficient bond;
and such other rules as the director of public safety determines
reasonably necessary for the safety of the pupils to be transported.

(E)
A chartered nonpublic school or a community school may own and
operate, or contract with a vendor that supplies, alternative
vehicles to transport students to and from regularly scheduled school
sessions, school-related activities, and school-sanctioned events
when one of the following applies:

(1)
A student's school district of residence has declared the
transportation of the student impractical pursuant to section 3327.02
of the Revised Code;

(2)
A student does not live within thirty minutes of the chartered
nonpublic school or the community school, as applicable, and the
student's school district is not required to transport the student
under section 3327.01 of the Revised Code;

(3)
The governing authority of the chartered nonpublic school or the
community school has offered to provide the transportation for its
students in lieu of the students being transported by their school
district of residence.

(F)
A school district may own and operate, or contract with a vendor that
supplies, alternative vehicles to transport students to and from
regularly scheduled school sessions, school-related activities, and
school-sanctioned events.

(G)
A school district or the governing authority of a chartered nonpublic
school or community school that uses an alternative vehicle in
accordance with division (E) or (F) of this section, shall ensure
that all of the following apply to the operation of that vehicle:

(1)
A qualified mechanic inspects the vehicle not fewer than two times
each year and determines that it is safe for pupil transportation;

(2)
The driver of the vehicle does not stop on the roadway to load or
unload passengers;

(3)
The driver of the vehicle meets the requirements specified for a
driver of a school bus or motor van under section 3327.10 of the
Revised Code and any corresponding rules adopted by the department of
education and workforce. Notwithstanding that section or any
department rules to the contrary, the driver is not required to have
a commercial driver's license but shall have a current, valid
driver's license, and shall be accustomed to operating the vehicle
used to transport the students
;
.

(4)
The driver and all passengers in the vehicle comply with the
requirements of sections 4511.81 and 4513.263 of the Revised Code, as
applicable.

(H)
(H)(1)
A school district, a chartered nonpublic school, or a community
school may own and operate, or contract with a vendor that supplies,
a multifunction school activity bus to transport students between
school and school functions or activities.

(2)
A multifunction school activity bus shall not be used to transport
students between school and home or between school and designated
school bus stops.

(I)

As used in this section:

(1)
"Alternative vehicle" means a motor vehicle originally
manufactured and designed for not more than twelve passengers, not
including the driver.

(2)
"Vehicle used for pupil transportation" means any vehicle
that is identified as such by the department of education and
workforce by rule and that is subject to Chapter 3301-83 of the
Administrative Code.

(I)
(J)

Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If the offender previously
has been convicted of or pleaded guilty to one or more violations of
this section or section 4511.63, 4511.761, 4511.762, 4511.764,
4511.77, or 4511.79 of the Revised Code or a municipal ordinance that
is substantially similar to any of those sections, whoever violates
this section is guilty of a misdemeanor of the fourth degree.

Sec.
4511.77.
(A)
No person shall operate, nor shall any person being the owner thereof
or having supervisory responsibility therefor permit the operation
of, a school bus within this state unless it is painted national
school bus yellow and is marked on both front and rear with the words
"school bus" in black lettering not less than eight inches
in height and on the rear of the bus with the word "stop"
in black lettering not less than ten inches in height.

(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If the offender previously
has been convicted of or pleaded guilty to one or more violations of
this section or section 4511.63, 4511.76, 4511.761, 4511.762,
4511.764, or 4511.79 of the Revised Code or a municipal ordinance
that is substantially similar to any of those sections, whoever
violates this section is guilty of a misdemeanor of the fourth
degree.

(C)
Whenever a person is found guilty in a court of record of a violation
of this section, the trial judge, in addition to or independent of
all other penalties provided by law, may suspend for any period of
time not exceeding three years, or cancel the license of any person,
partnership, association, or corporation, issued under section
4511.763 of the Revised Code.

(D)
This section does not apply to a multifunction school activity bus.

Sec.
4511.771.
(A)
Every school bus shall, in addition to any other equipment and
distinctive markings required pursuant to sections 4511.76, 4511.761,
4511.764, and 4511.77 of the Revised Code, be equipped with signal
lamps mounted as high as practicable, which shall display to the
front two alternately flashing red lights and two alternately
flashing amber lights located at the same level and to the rear two
alternately flashing red lights and two alternately flashing amber
lights located at the same level, and these lights shall be visible
at five hundred feet in normal sunlight. The alternately flashing red
lights shall be spaced as widely as practicable, and the alternately
flashing amber lights shall be located next to them.

(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.

(C)
This section does not apply to a multifunction school activity bus.

Sec.
4511.78.
(A)
As used in this section:

(1)
"Mass transit system" means any county transit system,
regional transit authority, regional transit commission, municipally
owned transportation system, mass transit company operating
exclusively within the territorial limits of a municipal corporation,
or within such limits and the territorial limits of municipal
corporations immediately contiguous to such municipal corporation,
and any common passenger carrier, that provides transportation for
children to or from a school session or a school function.

(2)
"Bus" means every motor vehicle designed for carrying more
than nine passengers and used for the transportation of persons, but
does not mean any school bus
or
a multifunction school activity bus
as
defined in section 4511.01 of the Revised Code.

(B)
Whenever a mass transit system transports children to or from a
school session or school function, the mass transit system shall
provide for:

(1)
Periodic safety inspections of all buses used to provide
transportation service. The inspections shall be based on rules
adopted by the public utilities commission under Chapters 4921. and
4923. of the Revised Code to ensure the safety of operation of motor
carriers.

(2)
The safety training of all drivers operating buses used to provide
transportation service;

(3)
The equipping of every bus with outside rear-view mirrors meeting the
motor carrier regulations for bus equipment adopted by the federal
highway administration. No exclusions from this requirement granted
under the federal regulations shall be considered exclusions for the
purposes of this division.

(C)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.

Sec.
4517.01.
As
used in sections 4517.01 to 4517.65 of the Revised Code:

(A)
"Persons" includes individuals, partnerships, associations,
joint stock companies, corporations, sole proprietorships, limited
liability companies, limited liability partnerships, business trusts,
and any other legally recognized business entities or any
combinations of individuals.

(B)
"Motor vehicle" means motor vehicle as defined in section
4501.01 of the Revised Code and also includes "all-purpose
vehicle" and "off-highway motorcycle" as those terms
are defined in section 4519.01 of the Revised Code. "Motor
vehicle" does not include a snowmobile as defined in section
4519.01 of the Revised Code or manufactured and mobile homes.
"Motor
vehicle" includes a "fifth wheel trailer," "park
trailer," "travel trailer," "tent-type fold-out
camping trailer," and a "semitrailer" but does not
otherwise include trailers as defined in section 4501.01 of the
Revised Code.

(C)
"New motor vehicle" means a motor vehicle, the legal title
to which has never been transferred by a manufacturer,
remanufacturer, distributor, or dealer to an ultimate purchaser.

(D)
"Ultimate purchaser" means, with respect to any new motor
vehicle, the first person, other than a dealer purchasing in the
capacity of a dealer, who in good faith purchases such new motor
vehicle for purposes other than resale.

(E)
"Business" includes any activities engaged in by any person
for the object of gain, benefit, or advantage either direct or
indirect, including activities conducted through the internet or
another computer network.

(F)
"Engaging in business" means commencing, conducting, or
continuing in business, or liquidating a business when the liquidator
thereof holds self out to be conducting such business; making a
casual sale or otherwise making transfers in the ordinary course of
business when the transfers are made in connection with the
disposition of all or substantially all of the transferor's assets is
not engaging in business.

(G)
"Retail sale" or "selling at retail" means the
act or attempted act of selling, bartering, exchanging, or otherwise
disposing of a motor vehicle, including through use of the internet
or another computer network, to an ultimate purchaser.

(H)
"Retail installment contract" includes any contract in the
form of a note, chattel mortgage, conditional sales contract, lease,
agreement, or other instrument payable in one or more installments
over a period of time and arising out of the retail sale of a motor
vehicle.

(I)
"Farm machinery" means all machines and tools used in the
production, harvesting, and care of farm products.

(J)
"Dealer" or "motor vehicle dealer" means any new
motor vehicle dealer, any motor vehicle leasing dealer, any adaptive
mobility dealer, and any used motor vehicle dealer.

(K)
"New motor vehicle dealer" means any person engaged in the
business of selling at retail, displaying, offering for sale, or
dealing in new motor vehicles pursuant to a contract or agreement
entered into with the manufacturer, remanufacturer, or distributor of
the motor vehicles.

(L)
"Used motor vehicle dealer" means any person engaged in the
business of selling, displaying, offering for sale, or dealing in
used motor vehicles, at retail or wholesale, but does not mean any
new motor vehicle dealer selling, displaying, offering for sale, or
dealing in used motor vehicles incidentally to engaging in the
business of selling, displaying, offering for sale, or dealing in new
motor vehicles, any person engaged in the business of dismantling,
salvaging, or rebuilding motor vehicles by means of using used parts,
or any public officer performing official duties.

(M)
"Motor vehicle leasing dealer" means any person engaged in
the business of regularly making available, offering to make
available, or arranging for another person to use a motor vehicle
pursuant to a bailment, lease, sublease, or other contractual
arrangement under which a charge is made for its use at a periodic
rate for a term of thirty days or more, and title to the motor
vehicle is in and remains in the motor vehicle leasing dealer who
originally leases it, irrespective of whether or not the motor
vehicle is the subject of a later sublease, and not in the user,
including any financial institution acting as a lessor for a lease or
sublease. "Motor vehicle leasing dealer" does not include a
new motor vehicle dealer that is not the lessor and that only assists
in arranging a lease on the lessor's behalf or a manufacturer or its
affiliate leasing to its employees or to dealers.

(N)
"Salesperson" means any person employed by a dealer to
sell, display, and offer for sale, or deal in motor vehicles for a
commission, compensation, or other valuable consideration, but does
not mean any public officer performing official duties.

(O)
"Casual sale" means any transfer of a motor vehicle by a
person other than a new motor vehicle dealer, used motor vehicle
dealer, adaptive mobility dealer, motor vehicle salvage dealer, as
defined in division (A) of section 4738.01 of the Revised Code,
salesperson, motor vehicle auction owner, manufacturer, or
distributor acting in the capacity of a dealer, salesperson, auction
owner, manufacturer, or distributor, to a person who purchases the
motor vehicle for use as a consumer.

(P)
"Motor vehicle auction owner" means any person who is
engaged wholly or in part in the business of auctioning motor
vehicles, but does not mean a construction equipment auctioneer or a
construction equipment auction licensee.

(Q)
"Manufacturer" means a person who manufactures, assembles,
or imports motor vehicles, including motor homes, but does not mean a
person who only assembles or installs a body, special equipment unit,
finishing trim, or accessories on a motor vehicle chassis supplied by
a manufacturer or distributor.

(R)
"Tent-type fold-out camping trailer" means any vehicle
intended to be used, when stationary, as a temporary shelter with
living and sleeping facilities, and that is subject to the following
properties and limitations:

(1)
A minimum of twenty-five per cent of the fold-out portion of the top
and sidewalls combined must be constructed of canvas, vinyl, or other
fabric, and form an integral part of the shelter.

(2)
When folded, the unit must not exceed:

(a)
Fifteen feet in length, exclusive of bumper and tongue;

(b)
Sixty inches in height from the point of contact with the ground;

(c)
Eight feet in width;

(d)
One ton gross weight at time of sale.

(S)
"Distributor" means any person authorized by a motor
vehicle manufacturer to distribute new motor vehicles to licensed new
motor vehicle dealers, but does not mean a person who only assembles
or installs a body, special equipment unit, finishing trim, or
accessories on a motor vehicle chassis supplied by a manufacturer or
distributor.

(T)
"Flea market" means a market place, other than a dealer's
location licensed under this chapter, where a space or location is
provided for a fee or compensation to a seller to exhibit and offer
for sale or trade, motor vehicles to the general public.

(U)
"Franchise" means any written agreement, contract, or
understanding between any motor vehicle manufacturer or
remanufacturer engaged in commerce and any new motor vehicle dealer
that purports to fix the legal rights and liabilities of the parties
to such agreement, contract, or understanding.

(V)
"Franchisee" means a person who receives new motor vehicles
from the franchisor under a franchise agreement and who offers,
sells, and provides service for such new motor vehicles to the
general public.

(W)
"Franchisor" means a new motor vehicle manufacturer,
remanufacturer, or distributor who supplies new motor vehicles under
a franchise agreement to a franchisee.

(X)
"Dealer organization" means a state or local trade
association the membership of which is comprised predominantly of new
motor vehicle dealers.

(Y)
"Factory representative" means a representative employed by
a manufacturer, remanufacturer, or by a factory branch primarily for
the purpose of promoting the sale of its motor vehicles, parts, or
accessories to dealers or for supervising or contacting its dealers
or prospective dealers.

(Z)
"Administrative or executive management" means those
individuals who are not subject to federal wage and hour laws.

(AA)
"Good faith" means honesty in the conduct or transaction
concerned and the observance of reasonable commercial standards of
fair dealing in the trade as is defined in section 1301.201 of the
Revised Code, including, but not limited to, the duty to act in a
fair and equitable manner so as to guarantee freedom from coercion,
intimidation, or threats of coercion or intimidation; provided
however, that recommendation, endorsement, exposition, persuasion,
urging, or argument shall not be considered to constitute a lack of
good faith.

(BB)
"Coerce" means to compel or attempt to compel by failing to
act in good faith or by threat of economic harm, breach of contract,
or other adverse consequences. Coerce does not mean to argue, urge,
recommend, or persuade.

(CC)
"Relevant market area" means any area within a radius of
ten miles from the site of a potential new dealership, except that
for manufactured home or recreational vehicle dealerships the radius
shall be twenty-five miles. The ten-mile radius shall be measured
from the dealer's established place of business that is used
exclusively for the purpose of selling, displaying, offering for
sale, or dealing in motor vehicles.

(DD)
"Wholesale" or "at wholesale" means the act or
attempted act of selling, bartering, exchanging, or otherwise
disposing of a motor vehicle to a transferee for the purpose of
resale and not for ultimate consumption by that transferee.

(EE)
"Motor vehicle wholesaler" means any person licensed as a
dealer under the laws of another state and engaged in the business of
selling, displaying, or offering for sale used motor vehicles, at
wholesale, but does not mean any motor vehicle dealer as defined in
this section.

(FF)(1)
"Remanufacturer" means a person who assembles or installs
passenger seating, walls, a roof elevation, or a body extension on a
conversion van with the motor vehicle chassis supplied by a
manufacturer or distributor, a person who modifies a truck chassis
supplied by a manufacturer or distributor for use as a public safety
or public service vehicle, a person who modifies a motor vehicle
chassis supplied by a manufacturer or distributor for use as a
limousine or hearse, or a person who modifies an incomplete motor
vehicle cab and chassis supplied by a new motor vehicle dealer or
distributor for use as a tow truck, but does not mean either of the
following:

(a)
A person who assembles or installs passenger seating, a roof
elevation, or a body extension on a recreational vehicle as defined
in division (Q) and referred to in division (B) of section 4501.01 of
the Revised Code;

(b)
An adaptive mobility dealer.

(2)
For the purposes of division (FF)(1) of this section, "public
safety vehicle or public service vehicle" means a fire truck,
ambulance, school bus, street sweeper, garbage packing truck, or
cement mixer, or a mobile self-contained facility vehicle.

(3)
For the purposes of division (FF)(1) of this section, "limousine"
means a motor vehicle, designed only for the purpose of carrying nine
or fewer passengers, that a person modifies by cutting the original
chassis, lengthening the wheelbase by forty inches or more, and
reinforcing the chassis in such a way that all modifications comply
with all applicable federal motor vehicle safety standards. No person
shall qualify as or be deemed to be a remanufacturer who produces
limousines unless the person has a written agreement with the
manufacturer of the chassis the person utilizes to produce the
limousines to complete properly the remanufacture of the chassis into
limousines.

(4)
For the purposes of division (FF)(1) of this section, "hearse"
means a motor vehicle, designed only for the purpose of transporting
a single casket, that is equipped with a compartment designed
specifically to carry a single casket that a person modifies by
cutting the original chassis, lengthening the wheelbase by ten inches
or more, and reinforcing the chassis in such a way that all
modifications comply with all applicable federal motor vehicle safety
standards. No person shall qualify as or be deemed to be a
remanufacturer who produces hearses unless the person has a written
agreement with the manufacturer of the chassis the person utilizes to
produce the hearses to complete properly the remanufacture of the
chassis into hearses.

(5)
For the purposes of division (FF)(1) of this section, "mobile
self-contained facility vehicle" means a mobile classroom
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile, testing
laboratory, and mobile display vehicle, each of which is designed for
purposes other than for passenger transportation and other than the
transportation or displacement of cargo, freight, materials, or
merchandise. A vehicle is remanufactured into a mobile self-contained
facility vehicle in part by the addition of insulation to the body
shell, and installation of all of the following: a generator,
electrical wiring, plumbing, holding tanks, doors, windows, cabinets,
shelving, and heating, ventilating, and air conditioning systems.

(6)
For the purposes of division (FF)(1) of this section, "tow
truck" means both of the following:

(a)
An incomplete cab and chassis that are purchased by a remanufacturer
from a new motor vehicle dealer or distributor of the cab and chassis
and on which the remanufacturer then installs in a permanent manner a
wrecker body it purchases from a manufacturer or distributor of
wrecker bodies, installs an emergency flashing light pylon and
emergency lights upon the mast of the wrecker body or rooftop, and
installs such other related accessories and equipment, including push
bumpers, front grille guards with pads and other custom-ordered items
such as painting, special lettering, and safety striping so as to
create a complete motor vehicle capable of lifting and towing another
motor vehicle.

(b)
An incomplete cab and chassis that are purchased by a remanufacturer
from a new motor vehicle dealer or distributor of the cab and chassis
and on which the remanufacturer then installs in a permanent manner a
car carrier body it purchases from a manufacturer or distributor of
car carrier bodies, installs an emergency flashing light pylon and
emergency lights upon the rooftop, and installs such other related
accessories and equipment, including push bumpers, front grille
guards with pads and other custom-ordered items such as painting,
special lettering, and safety striping.

As
used in division (FF)(6)(b) of this section, "car carrier body"
means a mechanical or hydraulic apparatus capable of lifting and
holding a motor vehicle on a flat level surface so that one or more
motor vehicles can be transported, once the car carrier is
permanently installed upon an incomplete cab and chassis.

(GG)
"Operate as a new motor vehicle dealership" means engaging
in activities such as displaying, offering for sale, and selling new
motor vehicles at retail, operating a service facility to perform
repairs and maintenance on motor vehicles, offering for sale and
selling motor vehicle parts at retail, and conducting all other acts
that are usual and customary to the operation of a new motor vehicle
dealership. For the purposes of this chapter only, possession of
either a valid new motor vehicle dealer franchise agreement or a new
motor vehicle dealers license, or both of these items, is not
evidence that a person is operating as a new motor vehicle
dealership.

(HH)
"Outdoor power equipment" means garden and small utility
tractors, walk-behind and riding mowers, chainsaws, and tillers.

(II)
"Remote service facility" means premises that are separate
from a licensed new motor vehicle dealer's sales facility by not more
than one mile and that are used by the dealer to perform repairs,
warranty work, recall work, and maintenance on motor vehicles
pursuant to a franchise agreement entered into with a manufacturer of
motor vehicles. A remote service facility shall be deemed to be part
of the franchise agreement and is subject to all the rights, duties,
obligations, and requirements of Chapter 4517. of the Revised Code
that relate to the performance of motor vehicle repairs, warranty
work, recall work, and maintenance work by new motor vehicle dealers.

(JJ)
"Recreational vehicle" has the same meaning as in section
4501.01 of the Revised Code.

(KK)
"Construction equipment auctioneer" means a person who
holds both a valid auction firm license issued under Chapter 4707. of
the Revised Code and a valid construction equipment auction license
issued under this chapter.

(LL)
"Large construction or transportation equipment" means
vehicles having a gross vehicle weight rating of more than ten
thousand pounds and includes road rollers, traction engines, power
shovels, power cranes, commercial cars and trucks, or farm trucks,
and other similar vehicles obtained primarily from the construction,
mining, transportation or farming industries.

(MM)
"Local market conditions" includes, but is not limited to:

(1)
Demographics in the franchisee's area;

(2)
Geographical and market characteristics in the franchisee's area;

(3)
Local economic circumstances;

(4)
The proximity of other motor vehicle dealers of the same line-make;

(5)
The proximity of motor vehicle manufacturing facilities;

(6)
The buying patterns of motor vehicle purchasers;

(7)
Customer drive time and drive distance.

(NN)
"Established place of business" means a permanent, enclosed
building or structure that meets all of the following requirements:

(1)
It is either owned, leased, or rented by the motor vehicle dealer.

(2)
It meets local zoning or municipal requirements.

(3)
It is regularly occupied by at least one person.

(4)
It is easily accessible to the public.

(5)
The records and files necessary to conduct the business are generally
kept and maintained at the location or are readily accessible and
available for reasonable inspection from the location.

"Established
place of business" does not mean a residence, tent, temporary
stand, storage shed, lot, or any temporary quarters, unless
authorized by the registrar of motor vehicles.

(OO)
"Adaptive mobility dealer" means any person engaged in the
business of all of the following:

(1)
Selling at retail, displaying, offering for sale, delivering, and
dealing in adaptive mobility vehicles;

(2)
Selling and installing adaptive mobility equipment, related
accessories, and other goods and services to meet the automotive
adaptive mobility needs of drivers and passengers with disabilities;

(3)
Providing maintenance and repair services for adaptive mobility
vehicles and adaptive mobility equipment.

(PP)
"Adaptive mobility equipment" means the mechanical or
electronic devices or parts that are designed to facilitate the use
of a motor vehicle by a person who is aging or a person with
disabilities, in accordance with 49 C.F.R. part 571, and that are
permanently attached to or incorporated into the motor vehicle.

Sec.
4517.52.
(A)
Each franchisor shall fulfill warranty and recall obligations of

diagnosing,

repairing
,

and servicing motor vehicles, including all parts and components
manufactured for installation in any motor vehicle.

(B)
Each franchisor shall compensate each of its franchisees for labor
and parts used to fulfill warranty and recall obligations of

diagnostic,

repair

and

,

servicing
,
updates to vehicle accessories or functions, and initialization or
repair of vehicle parts, systems, accessories, or functions

at rates not less than the rates charged by the franchisee to its
retail customers for warranty-like
diagnosis,

labor
,

and parts for nonwarranty work.
A

Diagnostic
work includes the time spent by a technician, who meets the
franchisor's qualifications and requirements for the repair work,
communicating with the franchisor's technical assistance or external
franchisor source in order to complete a warranty repair.

A

franchisee,
other than a franchisee that deals in recreational vehicles, may
establish rates of compensation for labor performed and parts used by
the franchisee for purposes of this section if all of the following
apply:

(1)
The franchisee submits to the franchisor either of the following:

(a)
One hundred sequential nonwarranty service repair orders for
warranty-like repairs that have been paid by a customer and closed by
the time of submission;

(b)
All service repair orders for warranty-like repairs, that have been
paid by a customer and closed by the time of submission, for a period
of ninety consecutive days.

A
franchisee either may submit a set of repair orders for purposes of
calculating both its retail labor rate and its retail parts markup
percentage, or may submit separate sets of repair orders for purposes
of calculating its retail labor rate and its retail parts markup
percentage separately. The repair orders submitted under division
(B)(1)(a) or (b) of this section must be from a period occurring not
more than one hundred eighty days before the submission.

Subject
to division (C)(3) of this section, if a franchisor determines from
any set of repair orders submitted under this section that the retail
labor rate or parts markup percentage calculated under division
(B)(2) or (3) of this section is substantially higher or lower than
the rate currently on record with the franchisor for labor or parts,
the franchisor may request additional documentation for a period of
either
ninety

sixty

days
prior to or
ninety

sixty

days
subsequent to the time period for which the repair orders were
submitted for purposes of an alteration.

(2)
The franchisee calculates its retail labor rate by determining the
franchisee's total labor sales from the service repair orders
submitted under division (B)(1) of this section and dividing that
amount by the total number of labor hours that generated those sales.

(3)
The franchisee calculates its retail parts markup percentage by
determining the franchisee's total parts sales from the service
repair orders submitted under division (B)(1) of this section and
dividing that amount by the franchisee's total cost for the purchase
of those parts, subtracting one from that amount, and then
multiplying the amount by one hundred.

(4)
In calculating the retail labor rate in division (B)(2) of this
section and the retail parts markup percentage in division (B)(3) of
this section, the franchisee omits charges for any of the following
from the calculation:

(a)
Manufacturer or distributor special events, specials, or promotional
discounts for retail customer repairs;

(b)
Parts sold, or repairs performed, at wholesale;

(c)
Routine maintenance that is not covered under a retail customer
warranty, including the replacement of fluids, filters, and belts
that are not provided in the course of other repairs;

(d)
Items that do not have individual part numbers, such as nuts, bolts,
and fasteners;

(e)
Vehicle reconditioning;

(f)
Accessories;

(g)
Repairs of damage caused by a collision, a road hazard, the force of
the elements, vandalism, theft, or operator negligence;

(h)
Parts sold or repairs performed for insurance carriers;

(i)
Vehicle emission or safety inspections required by law;

(j)
Goodwill or policy repairs or replacements;

(k)
Repairs for which volume discounts have been negotiated with
government agencies or insurance carriers;

(l)
Repairs performed on vehicles from a different line-make;

(m)
Replacement of tires or related elements.

(5)
The franchisee provides notice of its retail labor rate and retail
parts markup percentage calculated in accordance with this section to
the franchisor.

(C)(1)
A franchisor may contest the retail labor rate or retail parts markup
percentage that was calculated by the franchisee under division (B)
of this section within thirty days after receiving notice from the
franchisee. If the franchisor seeks to contest the retail labor rate
or retail parts markup percentage, the franchisor shall notify the
franchisee that the franchisor believes the rate or markup percentage
is materially inaccurate

or
substantially different than that of other similarly situated, same
line-make new motor vehicle dealers in the vicinity
,
provide a full explanation of the reasons the franchisor disagrees
with the rate or markup percentage, provide evidence substantiating
the franchisor's position, and propose an adjustment of the contested
rate or markup percentage. The franchisor shall not modify its notice
to the franchisee or its grounds for contesting the rate or markup
percentage after submitting a notice to the franchisee under division
(C)(1) of this section.

(2)
If the franchisor does not contest the rate or markup percentage that
was calculated by the franchisee under division (B) of this section
within thirty days after receiving notice of the rate or markup
percentage from the franchisee, the uncontested rate or markup
percentage takes effect. The franchisor then shall use the rate and
markup percentage to determine compensation for any warranty and
recall work and service performed by the franchisee until the rate or
markup percentage is modified.

(3)
If the franchisor contests a rate or markup percentage established by
the franchisee under division (B) of this section, the franchisor and
franchisee shall resolve the disagreement through the franchisor's
internal dispute resolution process. However, the franchisee may
appeal a determination made as part of the dispute resolution process
to a court of competent jurisdiction. Any rate or markup percentage
established either through an internal dispute resolution process or
by a court as part of an appeal under this section shall be applied
retroactively to govern reimbursement for labor or parts, as
applicable, beginning thirty days after the date the franchisee
submitted the disputed rate or markup percentage under division (B)
of this section.

(4)
A franchisee shall not establish or modify a retail labor rate or
retail parts markup percentage more frequently than once per calendar
year.

(D)
When calculating the compensation that must be provided to a
franchisee for labor and parts used to fulfill warranty and recall
obligations under this section, all of the following apply:

(1)
The franchisor shall use time allowances for the diagnosis and
performance of the warranty and recall work and service that are
reasonable and adequate for the work or services to be performed by a
qualified technician.

(2)
The franchisor shall use any retail labor rate and any retail parts
markup percentage established in accordance with this section in
calculating the compensation.

(3)
If the franchisor provided a part or component to the franchisee at
a
reduced cost or
no
cost to use in performing repairs under a recall, campaign service
action, or warranty repair, the franchisor shall provide to the
franchisee an amount equal to the retail parts markup for that part
or component, which shall be calculated by multiplying the dealer
cost for the part or component as listed in the franchisor's price
schedule by the retail parts markup percentage.

(4)
A franchisor shall not assess penalties, surcharges, or similar costs
to a franchisee, transfer or shift any costs to a franchisee, limit
allocation of vehicles or parts to a franchisee, or otherwise take
retaliatory action against a franchisee based on any franchisee's
exercise of its rights under this section. It is the burden of the
franchisee to prove any claims under division (D)(4) of this section
by a preponderance of the evidence. Nothing in this section prohibits
a franchisor from increasing the price of a vehicle or part in the
normal course of business.

(5)
A franchisor shall fully reimburse a franchisee for the cost of any
rental vehicle provided to a customer when the rental is required,
offered, advertised as available, or otherwise agreed to by the
franchisor. The franchisor shall not deny or reduce the reimbursement
to the franchisee because the franchisee is unable to provide a
specific type of vehicle, including a particular line-make, size, or
category of vehicle.

(E)
A franchisor shall not require a franchisee to establish a retail
labor rate or retail parts markup percentage using any method that is
unduly burdensome or time consuming, or require the use of
information that is unduly burdensome or time consuming to obtain,
including part-by-part or transaction-by-transaction calculations or
utilization of the franchisee's financial statement. Further, no
franchisor shall unilaterally calculate a retail labor rate or retail
parts markup percentage for a franchisee.

Divisions
(A), (C), (D), and (E) of this section do not apply to franchisors or
franchisees who deal in recreational vehicles.

Division
(B) of this section as it pertains to diagnostic work does not apply
to franchisors or franchisees who deal in recreational vehicles.

Sec.
4517.521.
(A)
As used in this section:

(1)
"Stop-sale or do-not-drive order" means a notification
issued by a motor vehicle manufacturer to its franchised motor
vehicle dealers stating that certain used motor vehicles in inventory
shall not be sold, either at retail or wholesale, leased, or driven
due to a federal safety recall or a federal or state emissions
recall.

(2)
"Average trade-in value" means the approximate monetary
value for a used motor vehicle that is indicated in an independent
third-party guide, based on the year, make, and model of a vehicle.

(B)(1)
Pursuant to division (B)(2) of this section, a franchisor shall
compensate a franchisee of not less than one and twenty-five
hundredths per cent of the average trade-in value for a used motor
vehicle that is the subject of a stop-sale or do-not-drive order if
both of the following apply:

(a)
The franchisee is authorized to sell or perform recall repairs on
motor vehicles that are the same line-make as the subject motor
vehicle;

(b)
The parts or remedy that are necessary to perform the recall service
or repair on the subject motor vehicle are not reasonably available
to perform that service or repair within thirty days of the
franchisor issuing the recall notice and associated stop-sale or
do-not-drive order.

(2)
The compensation described in division (B)(1) of this section shall
be paid per month, or prorated for a portion of the month. The
compensation shall commence on the thirtieth day after the recall
notice and stop-sale or do-not-drive order was issued. The
compensation shall end on the earlier of the following dates:

(a)
The date that the remedy or repair parts that are necessary to
resolve the recall notice and stop-sale or do-not-drive order are
available to the franchisee for the subject motor vehicle;

(b)
The franchisee sells, trades, or otherwise disposes of the subject
motor vehicle.

(3)
A franchisor is not required to compensate a franchisee for more than
the total average trade-in value of the subject motor vehicle.

(C)
Division (B) of this section does not apply to motor vehicles
purchased by a franchisee after the date the recall notice or
stop-sale or do-not-drive order was issued or to motor vehicles that
were purchased outside of the ordinary course of business.

(D)
A franchisor may compensate a franchisee under a national recall
compensation program if the compensation under that program equals or
exceeds the compensation specified in division (B) of this section or
per any agreement between the franchisor and franchisee.

(E)
A franchisor shall not attempt to recover all or any other portion of
its costs for compensating a franchisee in accordance with this
section either through a reduction in the amount due to a franchisee
or through a separate charge, surcharge, or other imposition related
to the costs of recalled vehicles, parts, diagnostic work, or other
services. Nothing in division (E) of this section prohibits a
franchisor from changing its prices in the ordinary course of
business or prohibits a franchisor from charging back a franchisee
for an unnecessary or improperly performed repair.

(F)
A franchisor may determine the manner and method in which a
franchisee demonstrates the inventory status of a motor vehicle that
is eligible for compensation in accordance with this section. The
manner, method, and type of information required shall not be unduly
burdensome for the franchisee.

(G)
Any remedy provided to a franchisee in accordance with this section
shall be the exclusive remedy provided to that franchisee for
compensation related to a used motor vehicle that is the subject of a
stop-sale or do-not-drive order. A remedy provided in accordance with
this section shall not be combined with any other state or federal
recall compensation remedy for used motor vehicles subject to a
stop-sale or do-not-drive order.

(H)
This section does not apply to franchisors or franchisees who deal in
recreational vehicles.

Sec.
4517.60.
Notwithstanding
the terms, conditions, or provisions of any franchise, or the date
such franchise was executed, each franchisor shall indemnify and hold
harmless its franchisees against any losses, including, but not
limited to, court costs and attorney fees reasonably incurred, or
damages arising out of complaints, claims, or suits, whether or not
meritorious, relating in whole or in part to claims under section
1345.72 of the Revised Code, or to the manufacture, assembly, or
design of motor vehicles, parts, or accessories, to damage corrected
by the franchisor prior to receipt of a motor vehicle by the
franchisee, or relating to other functions of the franchisor beyond
the control of the franchisee, including, but not limited to, the
selection by the franchisor of parts or components for the motor
vehicle
,
the franchisor's designation of features or equipment as optional,

and any damage to merchandise occurring in transit to the franchisee
where the carrier is designated by the franchisor. The franchisee
shall give notice to the franchisor within twenty-eight days of
service of summons on the franchisee of pending suits in which
allegations are made that come within this section and shall
cooperate with the franchisor in the defense of such suits.

Sec.
4519.59.
(A)(1)
The clerk of a court of common pleas shall charge and retain fees as
follows:

(a)

Fifteen

Eighteen

dollars
,
or twenty-three dollars if a board of county commissioners adopts a
resolution authorizing the increased fee for that county,

for each certificate of title or duplicate certificate of title
including the issuance of a memorandum certificate of title,
authorization to print a non-negotiable evidence of ownership
described in division (D) of section 4519.58 of the Revised Code,
non-negotiable evidence of ownership printed by the clerk under
division (E) of that section, and notation of any lien on a
certificate of title that is applied for at the same time as the
certificate of title. The clerk shall retain eleven dollars and fifty
cents of that fee for each certificate of title when there is a
notation of a lien or security interest on the certificate of title,
twelve dollars and twenty-five cents when there is no lien or
security interest noted on the certificate of title, and eleven
dollars and fifty cents for each duplicate certificate of title
.
If a board of county commissioners adopts a resolution authorizing a
twenty-three-dollar fee, the clerk shall retain the additional five
dollars of that fee
.

(b)
Five dollars for each certificate of title with no security interest
noted that is issued to a licensed motor vehicle dealer for resale
purposes. The clerk shall retain two dollars and twenty-five cents of
that fee.

(c)
Five dollars for each memorandum certificate of title or
non-negotiable evidence of ownership that is applied for separately.
The clerk shall retain that entire fee.

(2)
The fees that are not retained by the clerk shall be paid to the
registrar of motor vehicles by monthly returns, which shall be
forwarded to the registrar not later than the fifth day of the month
next succeeding that in which the certificate is forwarded or that in
which the registrar is notified of a lien or cancellation of a lien.

(B)(1)
The registrar shall pay twenty-five cents of the amount received for
each certificate of title that is issued to a motor vehicle dealer
for resale, one dollar for certificates of title issued with a lien
or security interest noted on the certificate of title, and
twenty-five cents for each certificate of title with no lien or
security interest noted on the certificate of title into the public
safety - highway purposes fund established in section 4501.06 of the
Revised Code.

(2)
Fifty cents of the amount received for each certificate of title
shall be paid by the registrar as follows:

(a)
Four cents shall be paid into the state treasury to the credit of the
motor vehicle dealers board fund created in section 4505.09 of the
Revised Code, for use as described in division (B)(2)(a) of that
section.

(b)
Twenty-one cents shall be paid into the highway operating fund.

(c)
Twenty-five cents shall be paid into the state treasury to the credit
of the motor vehicle sales audit fund created in section 4505.09 of
the Revised Code, for use as described in division (B)(2)(c) of that
section.

(3)
Two dollars of the amount received by the registrar for each
certificate of title shall be paid into the state treasury to the
credit of the automated title processing fund created in section
4505.09 of the Revised Code, for use as described in divisions
(B)(3)(a) and (c) of that section.

(4)
Three dollars of the amount received by the registrar under division
(A)(1)(a) of this section shall be paid into the state treasury to
the credit of the security, investigations, and policing fund created
by section 4501.11 of the Revised Code to be used for the purposes
specified in division (B)(1) of that section.

Sec.
4561.03.
(A)
The Ohio airport improvement program fund is created in the state
treasury. The fund shall consist of money appropriated to it by the
general assembly.

(B)
The fund shall be used by the office of aviation to support the Ohio
airport improvement program. The program provides financial support
to publicly owned, public-use airports in Ohio.

(C)
Investment earnings of the fund shall be credited to the fund.

Sec.
4582.024.
After
a port authority has been created, any municipal corporation,
township, or county, acting by ordinance, resolution of the township
trustees, or resolution of the county commissioners, respectively,
which is contiguous to such port authority, or to any municipal
corporation, township, or county which proposes to join such port
authority at the same time and is contiguous to such port authority,
or any county within which such port authority is situated, may join
such port authority and thereupon the jurisdiction and territory of
such port authority shall include such municipal corporation, county,
or township. If more than one such political subdivision is to be
joined to the port authority at the same time, then each such
ordinance or resolution shall designate the political subdivisions
which are to be so joined. Any territory or municipal corporation not
included in a port authority and which is annexed to a municipal
corporation included within the jurisdiction and territory of a port
authority shall, on such annexation and without further proceedings,
be annexed to and be included in the jurisdiction and territory of
such port authority. Before such political subdivision or
subdivisions are joined to a port authority, other than by annexation
to a municipality, the political subdivision or subdivisions
theretofore comprising such port authority shall agree upon the terms
and conditions pursuant to which such political subdivision or
subdivisions are to be joined. For all purposes of sections 4582.01
to 4582.20, inclusive, of the Revised Code, such political
subdivision or subdivisions shall be considered to have participated
in the creation of such port authority, except that the initial term
of any director of the port authority appointed by such a political
subdivision shall be four years. After each ordinance or resolution
proposing joinder to the port authority has become effective and the
terms and conditions of joinder have been agreed to, the board of
directors of the port authority shall by resolution either accept or
reject such joinder. Such joinder shall be effective on adoption of
the resolution accepting such joinder, unless the port authority to
which a political subdivision or subdivisions including a county
within which such port authority is located, are to be joined has
authority under section 4582.14 of the Revised Code to levy a tax on
property within its jurisdiction, then such joinder shall not be
effective until approved by the affirmative vote of a majority of the
electors voting on the question of such joinder. If more than one
political subdivision is to be joined to the port authority, then the
electors of such subdivision shall vote as a district and the
majority affirmative vote shall be determined by the vote cast in
such district as a whole.

If
a tax on property is to be levied, the board of directors of the port
authority and the county auditor shall proceed in the same manner as
required for a tax levy under section 5705.03 of the Revised Code,
except that the levy's annual collections shall be estimated assuming
that the additional subdivision or subdivisions have joined the port
authority.

The
election shall be called by the board of directors of the port
authority and shall be held, canvassed, and certified in the manner
provided for the submission of tax levies under section 5705.191 of
the Revised Code except that the question appearing on the ballot
shall read:

"Shall
________________________________________________________

(name
or names of political subdivisions to be joined)

be
joined to ____________________ (name) port authority and the

existing
tax levy (levies) of such port authority, that the county auditor
estimates will collect $_____ annually, at a rate not exceeding

_________
mill(s) for each $1 of taxable value, which amounts to $________
(effective rate) for each $100,000 of the county auditor's
appraised

market

value,
be authorized to be

levied
against properties within

______________________________________________________________"

(name
or names of political subdivisions to be joined)

If
the question is approved such joinder shall be immediately effective
and the port authority shall be authorized to extend the levy of such
tax against all the taxable property within the political subdivision
or political subdivisions which have been joined. If such question is
approved at a general election then the port authority may amend its
budget and resolution adopted pursuant to section 5705.34 of the
Revised Code and such levy shall be placed on the current tax list
and duplicate and collected as other taxes are collected from all
taxable property within the port authority including the political
subdivision or political subdivisions joined as a result of such
election.

As
used in this section, "the county auditor's

appraised

market

value"
and "effective rate" have the same meanings as in section
5705.01 of the Revised Code.

Sec.
4582.26.
After
a port authority has been created, any municipal corporation,
township, county, or other political subdivision, acting by ordinance
or resolution, which is contiguous to any municipal corporation,
township, county, or other political subdivision which participated
in the creation of such port authority or to any municipal
corporation, township, county, or other political subdivision which
proposes to join the port authority at the same time and is
contiguous to any municipal corporation, township, county, or other
political subdivision which participated in the creation of such port
authority, may join such port authority, and thereupon the
jurisdiction and territory of the port authority includes the
municipal corporation, county, township, or other political
subdivision so joining. If more than one such political subdivision
is to be joined to the port authority at the same time, then each
such ordinance or resolution shall designate the political
subdivisions which are to be so joined. Any territory or municipal
corporation not included in a port authority and which is annexed to
a municipal corporation included within the jurisdiction and
territory of a port authority shall, on such annexation and without
further proceedings, be annexed to and be included in the
jurisdiction and territory of the port authority. Before such
political subdivision or subdivisions are joined to a port authority,
other than by annexation to a municipal corporation, the political
subdivision or subdivisions theretofore comprising such port
authority shall agree upon the terms and conditions pursuant to which
such political subdivision or subdivisions are to be joined. For all
purposes of sections 4582.21 to 4582.59 of the Revised Code, such
political subdivision or subdivisions shall be considered to have
participated in the creation of such port authority, except that the
initial term of any director of the port authority appointed by such
a political subdivision shall be four years. After each ordinance or
resolution proposing joinder to the port authority has become
effective and the terms and conditions of joinder have been agreed
to, the board of directors of the port authority shall by resolution
either accept or reject such joinder. Such joinder shall be effective
upon adoption of the resolution accepting such joinder, unless the
port authority to which a political subdivision or subdivisions,
including a county within which such port authority is located, are
to be joined, has authority under section 4582.40 of the Revised Code
to levy a tax on property within its jurisdiction, then such joinder
shall not be effective until approved by the affirmative vote of a
majority of the electors voting on the question of the joinder. If
more than one political subdivision is to be joined to the port
authority, then the electors of such subdivisions shall vote as a
district and the majority affirmative vote shall be determined by the
vote cast in such district as a whole.

If
a tax on property is to be levied, the board of directors of the port
authority and the county auditor shall proceed in the manner as
required for a tax levy under section 5705.03 of the Revised Code,
except that the levy's annual collections shall be estimated assuming
that the additional subdivision or subdivisions have joined the port
authority.

The
election shall be called by the board of directors of the port
authority and shall be held, canvassed, and certified in the manner
provided for the submission of tax levies under section 5705.191 of
the Revised Code except that the question appearing on the ballot
shall read:

"Shall
_________________________________________________

(Name
or names of political subdivisions to be joined)

________________________________________________________________

be
joined to _____________________________ (Name) port authority

and
the existing tax levy (levies) of such port authority, that the
county auditor estimates will collect $_____ annually, at a rate not
exceeding _______________ mill(s) for each $1 of taxable value, which
amounts to $________ (effective rate) for each $100,000 of the county
auditor's
appraised

market

value,

be
authorized to be levied against properties within

____________________________________________________________?"

(Name
or names of political subdivisions to be joined)

If
the question is approved the joinder becomes immediately effective
and the port authority is authorized to extend the levy of such tax
against all the taxable property within the political subdivision or
political subdivisions which have been joined. If such question is
approved at a general election, then the port authority may amend its
budget and resolution adopted pursuant to section 5705.34 of the
Revised Code and such levy shall be placed on the current tax list
and duplicate and collected as other taxes are collected from all
taxable property within the port authority including the political
subdivision or political subdivisions joined as a result of the
election.

As
used in this section, "the county auditor's

appraised

market

value"
and "effective rate" have the same meanings as in section
5705.01 of the Revised Code.

Sec.
4582.72.
Notwithstanding
any other provision of this chapter, no port authority created under
section 4582.02 or 4582.22 of the Revised Code shall enter an
agreement providing for the construction or renovation of
improvements to real property located outside of the port authority's
jurisdiction to which all of the following applies without first
obtaining approval from the board of county commissioners in the
county where the property is located or, if the property is located
in more than one county, from the board of county commissioners of
each county in which the property is located:

(A)
The agreement is with a non-public entity.

(B)
The majority of the floor space of the improvements that are the
subject of the agreement will not be occupied by the port authority
upon completion of the construction or renovation.

(C)
Building materials purchased for the renovation or construction will
qualify for the exemption authorized by division (B)(13) of section
5739.02 of the Revised Code.

Sec.
4582.73.
(A)
As used in this section:

(1)
"Credit enhancement facilities" has the same meaning as in
section 133.01 of the Revised Code.

(2)
"Common bond fund program" means any program authorized by
a port authority for the purpose of financing port authority
facilities and enhancing the credit of port authority obligations
using credit enhancement facilities, cash reserves, or other moneys
available for such purpose.

(3)
"Obligations" means bonds, notes, or other forms or
evidences of obligation constituting revenue bonds as that term is
used in division (A)(4) of section 4582.06 of the Revised Code, or
port authority revenue bonds as that term is used in section 4582.48
and division (A)(8) of section 4582.31 of the Revised Code, issued by
a port authority.

(4)
"Port authority" means a body corporate and politic created
pursuant to the authority of this chapter.

(5)
"Port authority facilities" and "port authority
facility" have the same meaning as in division (D) of section
4582.01 or in division (E) of section 4582.21 of the Revised Code, as
applicable.

(B)
A port authority may, by one or more resolutions of its board of
directors, establish and maintain a common bond fund program. A port
authority that has established a common bond fund program may operate
and manage such program, authorize agreements and other documents for
such program, and appropriate funds of the port authority for the
support of such program. A port authority, as part of a common bond
fund program, may authorize the use of one or more credit enhancement
facilities and cash reserves or other money available for the purpose
of financing port authority facilities, all as authorized in the bond
proceedings associated with the obligations issued as part of the
common bond fund program.

Any
obligations issued by a port authority and secured by a trust
agreement between the port authority and a corporate trustee under
division (A)(4) of section 4582.06 or section 4582.50 may, in the
discretion of the port authority, be issued as part of a common bond
fund program. Any trust agreement used in a common bond fund program,
and the establishment, deposit, investment and application of special
funds, and the safeguarding of money, shall be governed by the bond
proceedings associated with the obligations and by this chapter. More
than one obligation may be secured by a trust agreement used in a
common bond fund program.

(C)
All terms, provisions, and authorizations in this chapter as
applicable to a port authority, and the terms, provisions, and
authorizations of sections 9.96, 9.98, 9.981, 9.982, and 9.983 of the
Revised Code, apply to obligations issued as part of a common bond
fund program and the associated bond proceedings, except as otherwise
provided in this section, or except as otherwise provided in those
obligations and associated bond proceedings.

(D)
This section shall be liberally construed to effect the purpose of
authorizing common bond fund programs. The powers and authorizations
granted in this section may be exercised jointly or separately by one
or more port authorities and are in addition to and supplemental to
the powers and authorizations otherwise granted to port authorities
under the applicable provisions of this chapter and shall not be
construed as a limitation on any such powers or authorizations.

(E)
This section provides additional optional authority for the
establishment of a common bond fund program. Nothing in this section
shall impair or affect any common bond fund program created prior to
the effective date of this section. This section does not apply to
any common bond fund program created prior to the effective date of
this section unless the port authority elects to apply this section
to its common bond fund program by one or more resolutions of its
board of directors.

Sec.
4701.01.
As
used in this chapter:

(A)
"Practice of public accounting" means performing or
offering to perform any engagement that will result in the issuance
of an attest report and, with respect to a person who holds a CPA
certificate, PA registration, foreign certificate, or firm
registration, any other services involving the use of accounting or
auditing skills as established by rules adopted by the accountancy
board.

(B)
"Public accounting firm" means a sole proprietorship, a
partnership, a limited liability company, a professional association,
a corporation-for-profit, or any other business organization that is
engaged in the practice of public accounting in this state.

(C)
"Opinion report" means any opinion on a financial statement
that is expressed in accordance with generally accepted auditing
standards as to the fairness of presentation of information and that
is used for guidance in financial transactions, for accounting, or
for assessing the status or performance of commercial and
noncommercial enterprises, whether public, private, or governmental.

(D)
"Peer review" means a study, appraisal, or review of one or
more aspects of the professional work of a public accounting firm
that meets the standards and requirements set forth by the
accountancy board.

(E)
"Review report" means either of the following:

(1)
Any review report on a financial statement that is issued with
respect to any of the following:

(a)
Interim financial information in accordance with generally accepted
auditing standards;

(b)
The financial information of a nonpublic entity in accordance with
statements on standards for accounting and review services;

(c)
The reliability of another party's written assertion in accordance
with statements on standards for attestation engagements.

(2)
Any other review report on a financial statement that is not
described in division (E)(1) of this section and that is issued in
accordance with standards promulgated by the American institute of
certified public accountants.

(F)
"Compilation report" means any compilation report on a
financial statement that is issued with respect to financial
information of a nonpublic entity in accordance with statements on
standards for accounting and review services as promulgated by the
American institute of certified public accountants.

(G)
"Examination report" means any examination report on a
financial statement that is issued with respect to another party's
written assertion in accordance with statements on standards for
attestation engagements as promulgated by the American institute of
certified public accountants.

(H)
"Agreed-upon procedures report" means any report that is on
a financial statement and that is based on agreed-upon procedures
issued with respect to another party's written assertion in
accordance with statements on standards for attestation engagements
as promulgated by the American institute of certified public
accountants.

(I)
"Qualified firm" means a sole proprietorship, partnership,
professional association, corporation-for-profit, limited liability
company, or other business organization in which the individuals who
own a majority of the business organization interests in the business
organization and control the business organization hold an Ohio
permit or a foreign certificate.

(J)
"Own" means any direct or indirect ownership of an equity
interest

or
shares

in a public accounting firm or qualified firm.

(K)
"Control" or "controlled" means the right to
exercise the majority of the voting equity interests

or
shares

in a public accounting firm or qualified firm with respect to any
matter.

(L)
"Equity interest" means any capital interest or profit
interest in a sole proprietorship, partnership, professional
association, corporation-for-profit, limited liability company, or
other business organization.

(M)
"Ohio permit" means a permit to practice public accounting
issued under division (A) of section 4701.10 of the Revised Code that
is not revoked or suspended.

(N)
"Ohio registration" means the registration under division
(B) of section 4701.10 of the Revised Code of a holder of a CPA
certificate or PA registration who is not in the practice of public
accounting in this state.

(O)
"Firm registration" or "registered firm" means
registration as a public accounting firm under section 4701.04 of the
Revised Code.

(P)
"PA registration" means registration as a public accountant
under section 4701.07 of the Revised Code that is not revoked or
suspended.

(Q)
"CPA certificate" means a certificate issued under section
4701.06 or 4701.061 of the Revised Code that is not revoked or
suspended.

(R)
"Foreign certificate" means a license, permit, certificate,
or registration issued to a certified public accountant under the
laws of another state that authorizes the holder to practice public
accounting in that state, is valid, is in good standing, and has not
expired.

(S)
"Attest report" means an opinion report, review report,
compilation report, examination report, agreed-upon procedures
report, or any similar report prepared in accordance with standards
established by the American institute of certified public accountants
with respect to a financial statement or other financial information.

(T)
"Person" means any individual, corporation-for-profit,
business trust, estate, partnership, limited liability company,
professional association, or other business organization.

(U)
Technical terms that define specific public accounting engagements
have the same meanings as in the professional standards promulgated
by the American institute of certified public accountants.

Sec.
4701.04.
(A)
No public accounting firm located in this state shall engage in the
practice of public accounting in this state unless it registers with
the accountancy board and pays a registration fee set by the board.

(B)
Public accounting firms shall apply for initial registration within
ninety days after formation or within ninety days after the
commencement of practicing public accounting in this state. All
public accounting firms shall renew their registration triennially.
All public accounting firms shall submit with their initial and
renewal registration applications all of the following:

(1)
A list of the names, addresses, and certificate or registration
numbers of all individuals who hold an Ohio permit and who own an
equity interest

or
shares

in the public accounting firm or are employed by the public
accounting firm;

(2)
A list of the names and addresses of each person who does not hold an
Ohio permit or a foreign certificate and who owns an equity interest

or
shares
in
the public accounting firm if the person's principal place of
business is located in this state;

(3)
A statement that the public accounting firm and each person who owns
an equity interest
or
shares
in
the public accounting firm or is employed by the public accounting
firm and who does not hold an Ohio permit or a foreign certificate is
in compliance with divisions (C) and (D) of this section.

(C)
A public accounting firm shall satisfy all of the following
requirements in order to register:

(1)
Except as provided in division
(C)(5)
(C)(7)

of this section,
each
partner, shareholder, member, or other person who owns an
more
than fifty per cent of the total
equity
interest
or
shares
in
the public accounting firm shall
be
owned by individuals who
hold
an Ohio permit or a foreign certificate.

(2)

If
a public accounting firm has a board of directors, more than fifty
per cent of the directors shall hold an Ohio permit or a foreign
certificate.

(3)
If a public accounting firm has an employee stock ownership plan,
more than fifty per cent of the trustees of the employee stock
ownership plan shall hold an Ohio permit or a foreign certificate.

(4)

The
public accounting firm shall designate an individual who holds an
Ohio permit who shall be responsible for the proper registration of
the firm. The public accounting firm shall identify this individual
to the board.

(3)
(5)

Each individual in a public accounting firm who signs any attest
report issued from an office of the public accounting firm located in
this state shall hold an Ohio permit.

(4)
(6)

An individual who owns an equity interest
or
shares
in
the public accounting firm or is employed by the public accounting
firm and who holds an Ohio permit or a foreign certificate, or a
qualified firm that owns an equity interest
or
shares
in
the public accounting firm, shall assume ultimate responsibility for
any attest report issued from an office of the public accounting firm
located in this state.

(5)
(7)

Any person who does not hold an Ohio permit or a foreign certificate
and who holds an equity interest
or
shares
in
the public accounting firm shall satisfy the conditions set forth in
division (D) of this section.

(6)
(8)

The public accounting firm shall provide for the transfer of the
equity interest
or
shares
owned
by persons who do not hold an Ohio permit or a foreign certificate to
either the public accounting firm or to another person who owns an
equity interest
or
shares
in
the firm if a person who does not hold an Ohio permit or a foreign
certificate withdraws from or ceases to be employed by the public
accounting firm. The public accounting firm may make payments in
connection with the person's withdrawal from the firm to that person
or, if that person is deceased or dissolved, to the person's estate
or successor in interest.

(D)
A person who does not hold an Ohio permit or a foreign certificate
may own an equity interest
or
shares
in
a public accounting firm if all of the following conditions are met:

(1)
All of the individuals who hold an Ohio permit or a foreign
certificate and who own equity interests
or
shares
in
the public accounting firm, and qualified firms that own equity
interests

or
shares

in the public accounting firm, own, in the aggregate, a majority of
the equity interests

or
shares

in the public accounting firm and control the public accounting firm.

(2)
The person does not assume or use any titles or designations
specified in division (A) of section 4701.14 of the Revised Code. The
person may designate or refer to the person as a shareholder,
partner, member, principal, owner, or officer of the public
accounting firm and also may use any other title that the board
authorizes by rule.

(3)
The person is not in violation of any standard regarding the
character or conduct of that person that the board establishes by
rule.

(4)
The person's participation in the business of the public accounting
firm is the person's principal occupation and consists of providing
services to or on behalf of the public accounting firm, and the
person is not functioning solely or predominately as a passive
investor in the public accounting firm.

(5)
The person meets or exceeds the continuing education requirements
that the board establishes by rule.

(6)
A person who holds a professional license, registration, or
certification issued by this state or another state complies with the
requirements of that license, registration, or certification.

(7)
The person abides by the code of conduct of the American institute of
certified public accountants or a comparable code of professional
conduct that the board adopts by rule.

(8)
The person complies with all applicable provisions of this chapter
and the rules adopted by the board.

(E)
A person who owns a voting equity interest
or
shares
in
a public accounting firm may not delegate, by proxy or otherwise, the
duty to exercise any voting rights to a person that does not hold an
Ohio permit or a foreign certificate or to a person that is not a
qualified firm.

(F)
As a condition for initial or renewal registration of a public
accounting firm on and after January 1, 1993, the board, by rule,
shall require that each public accounting firm undergo a peer review
to determine the public accounting firm's degree of compliance in the
practice of public accounting with generally accepted accounting
principles, generally accepted auditing standards, and other
generally accepted technical standards as defined by the board in
rule, unless the public accounting firm meets one of the exceptions
in division (J) of this section.

(G)
The board shall adopt rules establishing guidelines for peer reviews,
and may authorize an agent to administer all or part of the board's
peer review program and to assess a reasonable fee to firms to cover
the costs incurred by the agent for program administration. The rules
shall do all of the following:

(1)
Designate a peer review committee consisting of accounting
professionals to serve as advisors to the board and to ensure that
the board's guidelines are followed.

(2)
Require that the peer review be conducted by a reviewer that is both
independent of the public accounting firm reviewed and qualified
pursuant to board rules;

(3)
Require that the standards and practices applied by the reviewer be
at least as stringent as those applied by the American institute of
certified public accountants;

(4)
Prohibit the use or disclosure of information obtained by members of
the board or a committee of peer reviewers during or in connection
with the peer review process for purposes other than those related to
determining the degree of compliance by the public accounting firm
with generally accepted accounting principles, generally accepted
auditing standards, and other generally accepted technical standards
as defined by the board in rule. Division (G)(4) of this section does
not apply to the use or disclosure of information that is described
in division (K)(3) of this section or that is necessary to comply
with any provision of law.

(H)(1)
If a peer review report indicates that a public accounting firm does
not comply with standards and practices set forth in the rules
adopted by the board, the board, in its discretion, may review the
results of the peer review report. If the board, or its authorized
peer review program administrator, determines that the public
accounting firm does not comply with the standards and practices, it
may require both of the following:

(a)
Remedial action, which may include any of the following:

(i)
Requiring employees of the public accounting firm to complete general
or specific continuing professional education courses;

(ii)
Requiring the public accounting firm to undergo peer review more
frequently than triennially and peer review that is conducted in
whole or part under the direct supervision of the board or its
designee;

(iii)
Any other remedial action specified by the board.

(b)
An affidavit and supporting documentation from the public accounting
firm submitted within the time specified by the board indicating
completion of required remedial actions.

(2)
If the board, or its authorized peer review program administrator,
determines that a public accounting firm has not complied with any
requirement ordered under division (H) of this section, or if the
board determines, after the review of a peer review report, that the
public accounting firm has a history of noncompliance with standards
and practices set forth in board rules, the board may hold a hearing
to determine the extent of the firm's noncompliance. If the board,
after conducting the hearing, determines that the public accounting
firm does not comply with appropriate standards and practices, the
board may issue an order that imposes any disciplinary measure set
forth in division (B) of section 4701.16 of the Revised Code.

(3)
Notwithstanding divisions (K)(1) and (2) of this section, all matters
relating to the procedures for determining compliance with the
standards and practices under division (H)(2) of this section are
subject to Chapter 119. of the Revised Code, including the notice and
conduct of any hearing and the issuance and appeal of any order.
Remedial orders made under division (H)(1) of this section are not
subject to Chapter 119. of the Revised Code.

(I)
The public accounting firm reviewed shall pay for any peer review
performed.

(J)
The board may exempt a public accounting firm from the requirement to
undergo a peer review if the public accounting firm submits to the
board a written and notarized statement that the public accounting
firm meets at least one of the following grounds for exemption
identified in the statement:

(1)
Within three years of the date of application for initial or renewal
registration, the public accounting firm has completed a peer review
acceptable to the board and conducted pursuant to standards not less
stringent than the peer review standards promulgated by the American
institute of certified public accountants. A peer review that does
not comply with standards and practices set forth in the rules
adopted by the board and that may subject a public accounting firm to
remedial or disciplinary action pursuant to division (H) of this
section, does not qualify as an acceptable peer review. The public
accounting firm shall submit to the board a copy of the results of
the peer review and any additional documentation required by the
board. The board shall not require submittal of the working papers
related to the peer review process.

(2)
Within three years of the date of application for initial or renewal
registration, the public accounting firm has completed a peer review
acceptable to the board that was conducted in another state or
foreign country. The public accounting firm shall submit to the board
a copy of the results of the peer review and any additional
documentation required by the board, including a detailed report of
the procedures and standards applied by the reviewer.

(3)
The public accounting firm has never practiced public accounting in
this state or any other state or foreign country, will complete a
peer review acceptable to the board within eighteen months of initial
registration, and will review its registration with the board two
years after initial registration as specified in rules the board
adopts.

(4)
The public accounting firm, on a schedule as required by rule adopted
by the board, submits a report to the board that states all of the
following:

(a)
The public accounting firm does not undertake any engagement that
will result in the issuance of an attest report or other engagement
that is subject to peer review in accordance with division (F) of
this section.

(b)
The public accounting firm agrees to notify the board within ninety
days after accepting any engagement that will result in the issuance
of any attest report or other engagement that is subject to peer
review in accordance with division (F) of this section and will
complete a peer review acceptable to the board within one year after
the acceptance of an engagement of that nature.

(5)
Subject to the board's approval and for good cause as defined in
rules the board adopts, the public accounting firm is entitled to an
exemption.

(K)
In any civil action, arbitration, or administrative proceeding
involving a public accounting firm, all of the following shall apply:

(1)
The proceedings, records, and work papers of any reviewer, including
board members and review committee members, involved in the peer
review process are privileged and not subject to discovery, subpoena,
or other means of legal process and may not be introduced into
evidence.

(2)
No reviewer, including board members and review committee members,
involved in the peer review process shall be permitted or required to
testify as to any matters produced, presented, disclosed, or
discussed during or in connection with the peer review process or
shall be required to testify to any finding, recommendation,
evaluation, opinion, or other actions of those committees or their
members.

(3)
No privilege exists under this section for either of the following:

(a)
Information presented or considered in the peer review process that
was otherwise available to the public;

(b)
Materials prepared in connection with a particular engagement merely
because they subsequently are presented or considered as part of the
peer review process.

(L)(1)
If a peer review report indicates that a public accounting firm
complies with standards and practices set forth in rules adopted by
the board, the board shall destroy all documents and reports related
to the peer review within thirty days after the board completes its
review of the report.

(2)
If a peer review report indicates that a public accounting firm does
not comply with those standards and practices set forth in rules
adopted by the board, the board shall retain all documents and
reports related to the peer review until completion of the next peer
review that complies with standards and practices set forth in rules
adopted by the board pursuant to division (G) of this section. The
board also may use these documents to determine a history of
noncompliance with standards and practices in any proceeding held
under division (H)(2) of this section.

Sec.
4701.16.
(A)
After notice and hearing as provided in Chapter 119. of the Revised
Code, the accountancy board may discipline as described in division
(B) of this section a person holding an Ohio permit, an Ohio
registration, a firm registration, a CPA certificate, or a PA
registration or any other person whose activities are regulated by
the board for any one or any combination of the following causes:

(1)
Fraud or deceit in obtaining a firm registration or in obtaining a
CPA certificate, a PA registration, an Ohio permit, or an Ohio
registration;

(2)
Dishonesty, fraud, or gross negligence in the practice of public
accounting;

(3)
Violation of any of the provisions of section 4701.14 of the Revised
Code;

(4)
Violation of a rule of professional conduct promulgated by the board
under the authority granted by this chapter;

(5)
Conviction of a felony under the laws of any state or of the United
States;

(6)
Conviction of any crime, an element of which is dishonesty or fraud,
under the laws of any state or of the United States;

(7)
Cancellation, revocation, suspension, or refusal to renew authority
to practice as a certified public accountant, a public accountant, or
a public accounting firm by any other state, for any cause other than
failure to pay registration fees in that other state;

(8)
Suspension or revocation of the right to practice before any state or
federal agency;

(9)
Failure of a holder of a CPA certificate or PA registration to obtain
an Ohio permit or an Ohio registration, or the failure of a public
accounting firm to obtain a firm registration;

(10)
Conduct discreditable to the public accounting profession or to the
holder of an Ohio permit, Ohio registration, or foreign certificate;

(11)
Failure of a public accounting firm to comply with section 4701.04 of
the Revised Code.

(B)
For any of the reasons specified in division (A) of this section, the
board may do any of the following:

(1)
Revoke, suspend, or refuse to renew any CPA certificate or PA
registration or any Ohio permit, Ohio registration, or firm
registration;

(2)
Disqualify a person who is not a holder of an Ohio permit or a
foreign certificate from owning an equity interest

or
shares

in a public accounting firm or qualified firm;

(3)
Publicly censure a registered firm or a holder of a CPA certificate,
a PA registration, an Ohio permit, or an Ohio registration;

(4)
Levy against a registered firm or a holder of a CPA certificate, a PA
registration, an Ohio permit, or an Ohio registration a penalty or
fine not to exceed five thousand dollars for each offense. Any fine
shall be reasonable and in relation to the severity of the offense.

(5)
In the case of violations of division (A)(2) or (4) of this section,
require completion of remedial continuing education programs
prescribed by the board in addition to those required by section
4701.11 of the Revised Code;

(6)
In the case of violations of division (A)(2) or (4) of this section,
require the holder of a CPA certificate, PA registration, or firm
registration to submit to a peer review by a professional committee
designated by the board, which committee shall report to the board
concerning that holder's compliance with generally accepted
accounting principles, generally accepted auditing standards, or
other generally accepted technical standards;

(7)
Revoke or suspend the privileges to offer or render attest services
in this state or to use a CPA title or designation in this state of
an individual who holds a foreign certificate.

(C)
If the board levies a fine against or suspends the certificate of a
person or registration of a person or firm for a violation of
division (A)(2) or (4) of this section, it may waive all or any
portion of the fine or suspension if the holder of the CPA
certificate, PA registration, or firm registration complies fully
with division (B)(5) or (6) of this section.

(D)
A person engaged in the practice of public accounting shall not be
subject to discipline by the accountancy board solely because the
person provided professional accounting services to the holder of a
license under Chapter 3796. of the Revised Code.

Sec.
4707.024.
(A)
Not later than seventy-two hours after the end of an auction, a
person licensed under this chapter shall deposit in one or more trust
or escrow accounts all money received from the sale of an owner's or
consignee's personal property at auction unless the licensee pays the
money to the owner or consignee immediately after the end of the
auction.

(B)
For purposes of this section, a person licensed under this chapter
shall designate a trust or escrow account that contains an owner's or
consignee's money as "client trust account" or with words
of similar meaning. In addition, a trust or escrow account only shall
contain money received from the sale of personal property at auction
that has not been disbursed and money for expenses regarding the
auction, including commission and advertisement fees, that are
specifically delineated in the auction contract.

(C)
(C)(1)

Except for the payment of money to the owner or consignee immediately
after the end of the auction, a person licensed under this chapter
shall pay the owner or consignee with money from the client's trust
or escrow account. In addition, the licensee may pay expenses,
including commission and advertisement fees, that are specifically
delineated in the auction contract with money from the trust or
escrow account. Money in the trust or escrow account shall not be
disbursed for any purpose that is inconsistent with this section. In
addition,
except
as provided in division (C)(2) of this section,
the
money shall not be commingled with the licensee's personal or
business money. In administering the trust or escrow account, the
licensee shall keep detailed records that show deposits, withdrawals,
and interest accrued, if applicable.

Unless
otherwise agreed to by the parties in the auction contract or by the
direction of a court of law

or
as otherwise provided in division (C)(2) of this section
,
all money deposited into a trust or escrow account shall be disbursed
to the seller not later than fifteen days after the auction.

(2)
Notwithstanding division (C)(1) of this section, a licensee may
deposit money into a trust or escrow account, and retain that money
in the account, to pay expenses related to bank charges necessary to
maintain the account. A licensee shall not utilize any of the owner's
or consignee's money to pay such expenses.

(D)
Money from the sale of personal property at auction may be deposited
in an interest bearing account if the parties to the auction contract
specifically agree to such a deposit. Interest earned in the account
shall be credited to the seller unless otherwise agreed to by the
parties in the auction listing contract. The interest credited to the
account may remain in the account for a period of sixty days after
the seller receives the money from the account. The interest money
then shall be disbursed according to the terms of the auction
contract.

(E)
All money received in connection with the sale of real property at
auction shall be deposited in a broker's special or trust bank
account in a depository located in this state that is described in
division (A)(26) of section 4735.18 of the Revised Code.

Sec.
4723.28.
(A)
The board of nursing, by a vote of a quorum, may impose one or more
of the following sanctions if it finds that a person committed fraud
in passing an examination required to obtain a license or dialysis
technician certificate issued by the board or to have committed
fraud, misrepresentation, or deception in applying for or securing
any nursing license or dialysis technician certificate issued by the
board: deny, revoke, suspend, or place restrictions on any nursing
license or dialysis technician certificate issued by the board;
reprimand or otherwise discipline a holder of a nursing license or
dialysis technician certificate; or impose a fine of not more than
five hundred dollars per violation.

(B)
Except as provided in section 4723.092 of the Revised Code, the board
of nursing, by a vote of a quorum, may impose one or more of the
following sanctions: deny, revoke, suspend, or place restrictions on
any nursing license or dialysis technician certificate issued by the
board; reprimand or otherwise discipline a holder of a nursing
license or dialysis technician certificate; or impose a fine of not
more than five hundred dollars per violation. The sanctions may be
imposed for any of the following:

(1)
Denial, revocation, suspension, or restriction of authority to engage
in a licensed profession or practice a health care occupation,
including nursing or practice as a dialysis technician, for any
reason other than a failure to renew, in Ohio or another state or
jurisdiction;

(2)
Engaging in the practice of nursing or engaging in practice as a
dialysis technician, having failed to renew a nursing license or
dialysis technician certificate issued under this chapter, or while a
nursing license or dialysis technician certificate is under
suspension;

(3)
Conviction of, a plea of guilty to, a judicial finding of guilt of, a
judicial finding of guilt resulting from a plea of no contest to, or
a judicial finding of eligibility for a pretrial diversion or similar
program or for intervention in lieu of conviction for, a misdemeanor
committed in the course of practice;

(4)
Conviction of, a plea of guilty to, a judicial finding of guilt of, a
judicial finding of guilt resulting from a plea of no contest to, or
a judicial finding of eligibility for a pretrial diversion or similar
program or for intervention in lieu of conviction for, any felony or
of any crime involving gross immorality or moral turpitude;

(5)
Selling, giving away, or administering drugs or therapeutic devices
for other than legal and legitimate therapeutic purposes; or
conviction of, a plea of guilty to, a judicial finding of guilt of, a
judicial finding of guilt resulting from a plea of no contest to, or
a judicial finding of eligibility for a pretrial diversion or similar
program or for intervention in lieu of conviction for, violating any
municipal, state, county, or federal drug law;

(6)
Conviction of, a plea of guilty to, a judicial finding of guilt of, a
judicial finding of guilt resulting from a plea of no contest to, or
a judicial finding of eligibility for a pretrial diversion or similar
program or for intervention in lieu of conviction for, an act in
another jurisdiction that would constitute a felony or a crime of
moral turpitude in Ohio;

(7)
Conviction of, a plea of guilty to, a judicial finding of guilt of, a
judicial finding of guilt resulting from a plea of no contest to, or
a judicial finding of eligibility for a pretrial diversion or similar
program or for intervention in lieu of conviction for, an act in the
course of practice in another jurisdiction that would constitute a
misdemeanor in Ohio;

(8)
Self-administering or otherwise taking into the body any dangerous
drug, as defined in section 4729.01 of the Revised Code, in any way
that is not in accordance with a legal, valid prescription issued for
that individual, or self-administering or otherwise taking into the
body any drug that is a schedule I controlled substance;

(9)
Habitual or excessive use of controlled substances, other
habit-forming drugs, or alcohol or other chemical substances to an
extent that impairs the individual's ability to provide safe nursing
care or safe dialysis care;

(10)
Impairment of the ability to practice according to acceptable and
prevailing standards of safe nursing care or safe dialysis care
because of the use of drugs, alcohol, or other chemical substances;

(11)
Impairment of the ability to practice according to acceptable and
prevailing standards of safe nursing care or safe dialysis care
because of a physical or mental disability;

(12)
Assaulting or causing harm to a patient or depriving a patient of the
means to summon assistance;

(13)
Misappropriation or attempted misappropriation of money or anything
of value in the course of practice;

(14)
Adjudication by a probate court of being mentally ill or mentally
incompetent. The board may reinstate the person's nursing license or
dialysis technician certificate upon adjudication by a probate court
of the person's restoration to competency or upon submission to the
board of other proof of competency.

(15)
The suspension or termination of employment by the United States
department of defense or department of veterans affairs for any act
that violates or would violate this chapter;

(16)
Violation of this chapter or any rules adopted under it;

(17)
Violation of any restrictions placed by the board on a nursing
license or dialysis technician certificate;

(18)
Failure to use universal and standard precautions established by
rules adopted under section 4723.07 of the Revised Code;

(19)
Failure to practice in accordance with acceptable and prevailing
standards of safe nursing care or safe dialysis care;

(20)
In the case of a registered nurse, engaging in activities that exceed
the practice of nursing as a registered nurse;

(21)
In the case of a licensed practical nurse, engaging in activities
that exceed the practice of nursing as a licensed practical nurse;

(22)
In the case of a dialysis technician, engaging in activities that
exceed those permitted under section 4723.72 of the Revised Code;

(23)
Aiding and abetting a person in that person's practice of nursing
without a license or practice as a dialysis technician without a
certificate issued under this chapter;

(24)
In the case of an advanced practice registered nurse, except as
provided in division (M) of this section, either of the following:

(a)
Waiving the payment of all or any part of a deductible or copayment
that a patient, pursuant to a health insurance or health care policy,
contract, or plan that covers such nursing services, would otherwise
be required to pay if the waiver is used as an enticement to a
patient or group of patients to receive health care services from
that provider;

(b)
Advertising that the nurse will waive the payment of all or any part
of a deductible or copayment that a patient, pursuant to a health
insurance or health care policy, contract, or plan that covers such
nursing services, would otherwise be required to pay.

(25)
Failure to comply with the terms and conditions of participation in
the safe haven program conducted under sections 4723.35 and 4723.351
of the Revised Code;

(26)
Failure to comply with the terms and conditions required under the
practice intervention and improvement program established under
section 4723.282 of the Revised Code;

(27)
In the case of an advanced practice registered nurse:

(a)
Engaging in activities that exceed those permitted for the nurse's
nursing specialty under section 4723.43 of the Revised Code;

(b)
Failure to meet the quality assurance standards established under
section 4723.07 of the Revised Code.

(28)
In the case of an advanced practice registered nurse other than a
certified registered nurse anesthetist, failure to maintain a
standard care arrangement in accordance with section 4723.431 of the
Revised Code or to practice in accordance with the standard care
arrangement;

(29)
In the case of an advanced practice registered nurse who is
designated as a clinical nurse specialist, certified nurse-midwife,
or certified nurse practitioner, failure to prescribe drugs and
therapeutic devices in accordance with section 4723.481 of the
Revised Code;

(30)
Prescribing any drug or device to perform or induce an abortion, or
otherwise performing or inducing an abortion;

(31)
Failure to establish and maintain professional boundaries with a
patient, as specified in rules adopted under section 4723.07 of the
Revised Code;

(32)
Regardless of whether the contact or verbal behavior is consensual,
engaging with a patient other than the spouse of the registered
nurse, licensed practical nurse, or dialysis technician in any of the
following:

(a)
Sexual contact, as defined in section 2907.01 of the Revised Code;

(b)
Verbal behavior that is sexually demeaning to the patient or may be
reasonably interpreted by the patient as sexually demeaning.

(33)
Assisting suicide, as defined in section 3795.01 of the Revised Code;

(34)
Failure to comply with the requirements in section 3719.061 of the
Revised Code before issuing for a minor a prescription for an opioid
analgesic, as defined in section 3719.01 of the Revised Code;

(35)
Failure to comply with section 4723.487 of the Revised Code, unless
the state board of pharmacy no longer maintains a drug database
pursuant to section 4729.75 of the Revised Code;

(36)
The revocation, suspension, restriction, reduction, or termination of
clinical privileges by the United States department of defense or
department of veterans affairs or the termination or suspension of a
certificate of registration to prescribe drugs by the drug
enforcement administration of the United States department of
justice;

(37)
In the case of an advanced practice registered nurse who is
designated as a clinical nurse specialist, certified nurse-midwife,
or certified nurse practitioner, failure to comply with the terms of
a consult agreement entered into with a pharmacist pursuant to
section 4729.39 of the Revised Code;

(38)
Violation of section 4723.93 of the Revised Code
;

(39)
Failure to cooperate with an investigation conducted by the board
under this chapter, including failure to comply with a subpoena or
order issued by the board or failure to answer truthfully a question
presented by the board in an investigative interview, in an
investigative office conference, at a deposition, or in written
interrogatories, except that failure to cooperate with an
investigation does not constitute grounds for discipline if a court
of competent jurisdiction has issued an order that either quashes a
subpoena or permits the individual to withhold testimony or evidence
at issue
.

(C)
Disciplinary actions taken by the board under divisions (A) and (B)
of this section shall be taken pursuant to an adjudication conducted
under Chapter 119. of the Revised Code, except that in lieu of a
hearing, the board may enter into a consent agreement with an
individual to resolve an allegation of a violation of this chapter or
any rule adopted under it. A consent agreement, when ratified by a
vote of a quorum, shall constitute the findings and order of the
board with respect to the matter addressed in the agreement. If the
board refuses to ratify a consent agreement, the admissions and
findings contained in the agreement shall be of no effect.

(D)
The hearings of the board shall be conducted in accordance with
Chapter 119. of the Revised Code, the board may appoint a hearing
examiner, as provided in section 119.09 of the Revised Code, to
conduct any hearing the board is authorized to hold under Chapter
119. of the Revised Code.

In
any instance in which the board is required under Chapter 119. of the
Revised Code to give notice of an opportunity for a hearing and the
applicant, licensee, or certificate holder does not make a timely
request for a hearing in accordance with section 119.07 of the
Revised Code, the board is not required to hold a hearing, but may
adopt, by a vote of a quorum, a final order that contains the board's
findings. In the final order, the board may order any of the
sanctions listed in division (A) or (B) of this section.

(E)
If a criminal action is brought against a registered nurse, licensed
practical nurse, or dialysis technician for an act or crime described
in divisions (B)(3) to (7) of this section and the action is
dismissed by the trial court other than on the merits, the board
shall conduct an adjudication to determine whether the registered
nurse, licensed practical nurse, or dialysis technician committed the
act on which the action was based. If the board determines on the
basis of the adjudication that the registered nurse, licensed
practical nurse, or dialysis technician committed the act, or if the
registered nurse, licensed practical nurse, or dialysis technician
fails to participate in the adjudication, the board may take action
as though the registered nurse, licensed practical nurse, or dialysis
technician had been convicted of the act.

If
the board takes action on the basis of a conviction, plea, or a
judicial finding as described in divisions (B)(3) to (7) of this
section that is overturned on appeal, the registered nurse, licensed
practical nurse, or dialysis technician may, on exhaustion of the
appeal process, petition the board for reconsideration of its action.
On receipt of the petition and supporting court documents, the board
shall temporarily rescind its action. If the board determines that
the decision on appeal was a decision on the merits, it shall
permanently rescind its action. If the board determines that the
decision on appeal was not a decision on the merits, it shall conduct
an adjudication to determine whether the registered nurse, licensed
practical nurse, or dialysis technician committed the act on which
the original conviction, plea, or judicial finding was based. If the
board determines on the basis of the adjudication that the registered
nurse, licensed practical nurse, or dialysis technician committed
such act, or if the registered nurse, licensed practical nurse, or
dialysis technician does not request an adjudication, the board shall
reinstate its action; otherwise, the board shall permanently rescind
its action.

Notwithstanding
the provision of division (D)(2) of section 2953.32 or division
(F)(1) of section 2953.39 of the Revised Code specifying that if
records pertaining to a criminal case are sealed or expunged under
that section the proceedings in the case shall be deemed not to have
occurred, sealing or expungement of the following records on which
the board has based an action under this section shall have no effect
on the board's action or any sanction imposed by the board under this
section: records of any conviction, guilty plea, judicial finding of
guilt resulting from a plea of no contest, or a judicial finding of
eligibility for a pretrial diversion program or intervention in lieu
of conviction.

The
board shall not be required to seal, destroy, redact, or otherwise
modify its records to reflect the court's sealing or expungement of
conviction records.

(F)
The board may investigate an individual's criminal background in
performing its duties under this section. As part of such
investigation, the board may order the individual to submit, at the
individual's expense, a request to the bureau of criminal
identification and investigation for a criminal records check and
check of federal bureau of investigation records in accordance with
the procedure described in section 4723.091 of the Revised Code.

(G)
During the course of an investigation conducted under this section,
the board may compel any registered nurse, licensed practical nurse,
or dialysis technician or applicant under this chapter to submit to a
mental or physical examination, or both, as required by the board and
at the expense of the individual, if the board finds reason to
believe that the individual under investigation may have a physical
or mental impairment that may affect the individual's ability to
provide safe nursing care.

The
board shall not compel an individual who has been referred to the
safe haven program as described in sections 4723.35 and 4723.351 of
the Revised Code to submit to a mental or physical examination.

Failure
of any individual to submit to a mental or physical examination when
directed constitutes an admission of the allegations, unless the
failure is due to circumstances beyond the individual's control, and
a default and final order may be entered without the taking of
testimony or presentation of evidence.

If
the board finds that an individual is impaired, the board shall
require the individual to submit to care, counseling, or treatment
approved or designated by the board, as a condition for initial,
continued, reinstated, or renewed authority to practice. The
individual shall be afforded an opportunity to demonstrate to the
board that the individual can begin or resume the individual's
occupation in compliance with acceptable and prevailing standards of
care under the provisions of the individual's authority to practice.

For
purposes of this division, any registered nurse, licensed practical
nurse, or dialysis technician or applicant under this chapter shall
be deemed to have given consent to submit to a mental or physical
examination when directed to do so in writing by the board, and to
have waived all objections to the admissibility of testimony or
examination reports that constitute a privileged communication.

(H)
The board shall investigate evidence that appears to show that any
person has violated any provision of this chapter or any rule of the
board. Any person may report to the board any information the person
may have that appears to show a violation of any provision of this
chapter or rule of the board. In the absence of bad faith, any person
who reports such information or who testifies before the board in any
adjudication conducted under Chapter 119. of the Revised Code shall
not be liable for civil damages as a result of the report or
testimony.

(I)
All of the following apply under this chapter with respect to the
confidentiality of information:

(1)
Information received by the board pursuant to a complaint or an
investigation is confidential and not subject to discovery in any
civil action, except that the board may disclose information to law
enforcement officers and government entities for purposes of an
investigation of either a licensed health care professional,
including a registered nurse, licensed practical nurse, or dialysis
technician, or a person who may have engaged in the unauthorized
practice of nursing or dialysis care. No law enforcement officer or
government entity with knowledge of any information disclosed by the
board pursuant to this division shall divulge the information to any
other person or government entity except for the purpose of a
government investigation, a prosecution, or an adjudication by a
court or government entity.

(2)
If an investigation requires a review of patient records, the
investigation and proceeding shall be conducted in such a manner as
to protect patient confidentiality.

(3)
All adjudications and investigations of the board shall be considered
civil actions for the purposes of section 2305.252 of the Revised
Code.

(4)
Any board activity that involves continued monitoring of an
individual as part of or following any disciplinary action taken
under this section shall be conducted in a manner that maintains the
individual's confidentiality. Information received or maintained by
the board with respect to the board's monitoring activities is not
subject to discovery in any civil action and is confidential, except
that the board may disclose information to law enforcement officers
and government entities for purposes of an investigation of a
licensee or certificate holder.

(J)
Any action taken by the board under this section resulting in a
suspension from practice shall be accompanied by a written statement
of the conditions under which the person may be reinstated to
practice.

(K)
When the board refuses to grant a license or certificate to an
applicant, revokes a license or certificate, or refuses to reinstate
a license or certificate, the board may specify that its action is
permanent. An individual subject to permanent action taken by the
board is forever ineligible to hold a license or certificate of the
type that was refused or revoked and the board shall not accept from
the individual an application for reinstatement of the license or
certificate or for a new license or certificate.

(L)
No unilateral surrender of a nursing license or dialysis technician
certificate issued under this chapter shall be effective unless
accepted by majority vote of the board. No application for a nursing
license or dialysis technician certificate issued under this chapter
may be withdrawn without a majority vote of the board. The board's
jurisdiction to take disciplinary action under this section is not
removed or limited when an individual has a license or certificate
classified as inactive or fails to renew a license or certificate.

(M)
Sanctions shall not be imposed under division (B)(24) of this section
against any licensee who waives deductibles and copayments as
follows:

(1)
In compliance with the health benefit plan that expressly allows such
a practice. Waiver of the deductibles or copayments shall be made
only with the full knowledge and consent of the plan purchaser,
payer, and third-party administrator. Documentation of the consent
shall be made available to the board upon request.

(2)
For professional services rendered to any other person licensed
pursuant to this chapter to the extent allowed by this chapter and
the rules of the board.

Sec.
4723.483.
(A)(1)
Subject to division (A)(2) of this section, and notwithstanding any
provision of this chapter or rule adopted by the board of nursing, a
clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner who holds a certificate to prescribe issued under
section 4723.48 of the Revised Code may do either of the following
without having examined an individual to whom epinephrine may be
administered:

(a)
Personally furnish a supply of epinephrine autoinjectors for use in
accordance with sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29, 3728.03 to 3728.05, and
5101.76

5180.26

of
the Revised Code;

(b)
Issue a prescription for epinephrine autoinjectors for use in
accordance with sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29, 3728.03 to 3728.05, and
5101.76

5180.26

of
the Revised Code.

(2)
An epinephrine autoinjector personally furnished or prescribed under
division (A)(1) of this section must be furnished or prescribed in
such a manner that it may be administered only in a manufactured
dosage form.

(B)
A nurse who acts in good faith in accordance with this section is not
liable for or subject to any of the following for any action or
omission of an entity to which an epinephrine autoinjector is
furnished or a prescription is issued: damages in any civil action,
prosecution in any criminal proceeding, or professional disciplinary
action.

Sec.
4723.4811.
(A)(1)
Subject to division (A)(2) of this section, and notwithstanding any
provision of this chapter or rule adopted by the board of nursing, a
clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner licensed as an advanced practice registered nurse
under Chapter 4723. of the Revised Code may do either of the
following without having examined an individual to whom glucagon may
be administered:

(a)
Personally furnish a supply of injectable or nasally administered
glucagon for use in accordance with sections 3313.7115, 3313.7116,
3314.147, 3326.60, 3328.38, and
5101.78

5180.262

of
the Revised Code;

(b)
Issue a prescription for injectable or nasally administered glucagon
for use in accordance with sections 3313.7115, 3313.7116, 3314.147,
3326.60, 3328.38, and
5101.78

5180.262

of
the Revised Code.

(2)
Injectable or nasally administered glucagon personally furnished or
prescribed under division (A)(1) of this section must be furnished or
prescribed in such a manner that it may be administered only in a
manufactured dosage form.

(B)
A nurse who acts in good faith in accordance with this section is not
liable for or subject to any of the following for any action or
omission of an entity to which injectable or nasally administered
glucagon is furnished or a prescription is issued: damages in any
civil action, prosecution in any criminal proceeding, or professional
disciplinary action.

Sec.
4725.48.
(A)
Any person who desires to engage in optical dispensing shall file a
properly completed application for an examination with the state
vision professionals board or with the testing service the board has
contracted with pursuant to section 4725.49 of the Revised Code. The
application for examination shall be made using a form provided by
the board and shall be accompanied by an examination fee the board
shall establish by rule.

(B)
Any person who desires to engage in optical dispensing shall file a
properly completed application for a license with the board

with
.
The application for licensure shall be accompanied by

a licensure application fee of one hundred ninety-five dollars.

No
person shall be eligible to apply for a license under this division,
unless the person is at least eighteen years of age, is free of
contagious or infectious disease, has received a passing score, as
determined by the board, on the examination administered under
division (A) of this section, is a graduate of an accredited high
school of any state, or has received an equivalent education and has
successfully completed one of the following:

(1)
For a spectacle dispensing optician license, one thousand hours of
supervised experience under a licensed dispensing optician,
optometrist, or physician engaged in the practice of ophthalmology;

(2)
For a spectacle-contact lens dispensing optician license, one
thousand five hundred hours of supervised experience under a licensed
dispensing optician, optometrist, or physician engaged in the
practice of ophthalmology;

(3)
A two-year college level program in optical dispensing that has been
approved by the board and that includes, but is not limited to,
courses of study in mathematics, science, English, anatomy and
physiology of the eye, applied optics, ophthalmic optics, measurement
and inspection of lenses, lens grinding and edging, ophthalmic lens
design, keratometry, and the fitting and adjusting of spectacle
lenses and frames and contact lenses, including methods of fitting
contact lenses and post-fitting care.

(C)
The board shall issue a license to practice as an ocularist in
accordance with Chapter 4796. of the Revised Code to an applicant if
either of the following applies:

(1)
The applicant holds a license in another state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as an ocularist in a state that does not issue that license.

(D)(1)
(C)(1)

Subject to divisions
(D)(3)
(C)(3)

and (4) of this section, the board shall not adopt, maintain, renew,
or enforce any rule that precludes an individual from renewing a
license as a dispensing optician issued under sections 4725.40 to
4725.59 of the Revised Code due to any past criminal activity or
interpretation of moral character, unless the individual has
committed a crime of moral turpitude or a disqualifying offense as
those terms are defined in section 4776.10 of the Revised Code.

If
the board denies an individual a license or license renewal, the
reasons for such denial shall be put in writing.

(2)
The board may refuse to issue a license to an applicant because of a
conviction of or plea of guilty to an offense if the refusal is in
accordance with section 9.79 of the Revised Code.

(3)
In considering a renewal of an individual's license, the board shall
not consider any conviction or plea of guilty prior to the initial
licensing. However, the board may consider a conviction or plea of
guilty if it occurred after the individual was initially licensed, or
after the most recent license renewal.

(4)
The board may grant an individual a conditional license that lasts
for one year. After the one-year period has expired, the license is
no longer considered conditional, and the individual shall be
considered fully licensed.

(E)
(D)

The board, subject to the approval of the controlling board, may
establish examination fees in excess of the amount established by
rule pursuant to this section, provided that such fees do not exceed
those amounts established in rule by more than fifty per cent.

Sec.
4729.01.
As
used in this chapter:

(A)
"Pharmacy," except when used in a context that refers to
the practice of pharmacy, means any area, room, rooms, place of
business, department, or portion of any of the foregoing where the
practice of pharmacy is conducted.

(B)
"Practice of pharmacy" means providing pharmacist care
requiring specialized knowledge, judgment, and skill derived from the
principles of biological, chemical, behavioral, social,
pharmaceutical, and clinical sciences. As used in this division,
"pharmacist care" includes the following:

(1)
Interpreting prescriptions;

(2)
Dispensing drugs and drug therapy related devices;

(3)
Compounding drugs;

(4)
Counseling individuals with regard to their drug therapy,
recommending drug therapy related devices, and assisting in the
selection of drugs and appliances for treatment of common diseases
and injuries and providing instruction in the proper use of the drugs
and appliances;

(5)
Performing drug regimen reviews with individuals by discussing all of
the drugs that the individual is taking and explaining the
interactions of the drugs;

(6)
Performing drug utilization reviews with licensed health
professionals authorized to prescribe drugs when the pharmacist
determines that an individual with a prescription has a drug regimen
that warrants additional discussion with the prescriber;

(7)
Advising an individual and the health care professionals treating an
individual with regard to the individual's drug therapy;

(8)
Acting pursuant to a consult agreement, if an agreement has been
established;

(9)
Engaging in the administration of immunizations to the extent
authorized by section 4729.41 of the Revised Code;

(10)
Engaging in the administration of drugs to the extent authorized by
section 4729.45 of the Revised Code.

(C)
"Compounding" means the preparation, mixing, assembling,
packaging, and labeling of one or more drugs in any of the following
circumstances:

(1)
Pursuant to a prescription issued by a licensed health professional
authorized to prescribe drugs;

(2)
Pursuant to the modification of a prescription made in accordance
with a consult agreement;

(3)
As an incident to research, teaching activities, or chemical
analysis;

(4)
In anticipation of orders for drugs pursuant to prescriptions, based
on routine, regularly observed dispensing patterns;

(5)
Pursuant to a request made by a licensed health professional
authorized to prescribe drugs for a drug that is to be used by the
professional for the purpose of direct administration to patients in
the course of the professional's practice, if all of the following
apply:

(a)
At the time the request is made, the drug is not commercially
available regardless of the reason that the drug is not available,
including the absence of a manufacturer for the drug or the lack of a
readily available supply of the drug from a manufacturer.

(b)
A limited quantity of the drug is compounded and provided to the
professional.

(c)
The drug is compounded and provided to the professional as an
occasional exception to the normal practice of dispensing drugs
pursuant to patient-specific prescriptions.

(D)
"Consult agreement" means an agreement that has been
entered into under section 4729.39 of the Revised Code.

(E)
"Drug" means:

(1)
Any article recognized in the United States pharmacopoeia and
national formulary, or any supplement to them, intended for use in
the diagnosis, cure, mitigation, treatment, or prevention of disease
in humans or animals;

(2)
Any other article intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in humans or animals;

(3)
Any article, other than food, intended to affect the structure or any
function of the body of humans or animals;

(4)
Any article intended for use as a component of any article specified
in division (E)(1), (2), or (3) of this section; but does not include
devices or their components, parts, or accessories.

"Drug"
does not include "hemp" or a "hemp product" as
those terms are defined in section 928.01 of the Revised Code.

(F)
"Dangerous drug" means any of the following:

(1)
Any drug to which either of the following applies:

(a)
Under the "Federal Food, Drug, and Cosmetic Act," 52 Stat.
1040 (1938), 21 U.S.C.A. 301, as amended, the drug is required to
bear a label containing the legend "Caution: Federal law
prohibits dispensing without prescription" or "Caution:
Federal law restricts this drug to use by or on the order of a
licensed veterinarian" or any similar restrictive statement, or
the drug may be dispensed only upon a prescription;

(b)
Under Chapter 3715. or 3719. of the Revised Code, the drug may be
dispensed only upon a prescription.

(2)
Any drug that contains a schedule V controlled substance and that is
exempt from Chapter 3719. of the Revised Code or to which that
chapter does not apply;

(3)
Any drug intended for administration by injection into the human body
other than through a natural orifice of the human body;

(4)
Any drug that is a biological product, as defined in section 3715.01
of the Revised Code.

(G)
"Federal drug abuse control laws" has the same meaning as
in section 3719.01 of the Revised Code.

(H)
"Prescription" means all of the following:

(1)
A written, electronic, or oral order for drugs or combinations or
mixtures of drugs to be used by a particular individual or for
treating a particular animal, issued by a licensed health
professional authorized to prescribe drugs;

(2)
For purposes of sections 4723.4810, 4729.282, 4730.432, and 4731.93
of the Revised Code, a written, electronic, or oral order for a drug
to treat chlamydia, gonorrhea, or trichomoniasis issued to and in the
name of a patient who is not the intended user of the drug but is the
sexual partner of the intended user;

(3)
For purposes of sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29, 4723.483, 4729.88, 4730.433, 4731.96, and
5101.76

5180.26

of
the Revised Code, a written, electronic, or oral order for an
epinephrine autoinjector issued to and in the name of a school,
school district, or camp;

(4)
For purposes of Chapter 3728. and sections 4723.483, 4729.88,
4730.433, and 4731.96 of the Revised Code, a written, electronic, or
oral order for an epinephrine autoinjector issued to and in the name
of a qualified entity, as defined in section 3728.01 of the Revised
Code;

(5)
For purposes of sections 3313.7115, 3313.7116, 3314.147, 3326.60,
3328.38, 4723.4811, 4730.437, 4731.92, and
5101.78

5180.262

of
the Revised Code, a written, electronic, or oral order for injectable
or nasally administered glucagon in the name of a school, school
district, or camp.

(I)
"Licensed health professional authorized to prescribe drugs"
or "prescriber" means an individual who is authorized by
law to prescribe drugs or dangerous drugs or drug therapy related
devices in the course of the individual's professional practice,
including only the following:

(1)
A dentist licensed under Chapter 4715. of the Revised Code;

(2)
A clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner who holds a current, valid license issued under
Chapter 4723. of the Revised Code to practice nursing as an advanced
practice registered nurse;

(3)
A certified registered nurse anesthetist who holds a current, valid
license issued under Chapter 4723. of the Revised Code to practice
nursing as an advanced practice registered nurse, but only to the
extent of the nurse's authority under sections 4723.43 and 4723.434
of the Revised Code;

(4)
An optometrist licensed under Chapter 4725. of the Revised Code to
practice optometry;

(5)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery;

(6)
A physician assistant who holds a license to practice as a physician
assistant issued under Chapter 4730. of the Revised Code, holds a
valid prescriber number issued by the state medical board, and has
been granted physician-delegated prescriptive authority;

(7)
A veterinarian licensed under Chapter 4741. of the Revised Code;

(8)
A certified mental health assistant licensed under Chapter 4772. of
the Revised Code who has been granted physician-delegated
prescriptive authority by the physician supervising the certified
mental health assistant.

(J)
"Sale" or "sell" includes any transaction made by
any person, whether as principal proprietor, agent, or employee, to
do or offer to do any of the following: deliver, distribute, broker,
exchange, gift or otherwise give away, or transfer, whether the
transfer is by passage of title, physical movement, or both.

(K)
"Wholesale sale" and "sale at wholesale" mean any
sale in which the purpose of the purchaser is to resell the article
purchased or received by the purchaser.

(L)
"Retail sale" and "sale at retail" mean any sale
other than a wholesale sale or sale at wholesale.

(M)
"Retail seller" means any person that sells any dangerous
drug to consumers without assuming control over and responsibility
for its administration. Mere advice or instructions regarding
administration do not constitute control or establish responsibility.

(N)
"Price information" means the price charged for a
prescription for a particular drug product and, in an easily
understandable manner, all of the following:

(1)
The proprietary name of the drug product;

(2)
The established (generic) name of the drug product;

(3)
The strength of the drug product if the product contains a single
active ingredient or if the drug product contains more than one
active ingredient and a relevant strength can be associated with the
product without indicating each active ingredient. The established
name and quantity of each active ingredient are required if such a
relevant strength cannot be so associated with a drug product
containing more than one ingredient.

(4)
The dosage form;

(5)
The price charged for a specific quantity of the drug product. The
stated price shall include all charges to the consumer, including,
but not limited to, the cost of the drug product, professional fees,
handling fees, if any, and a statement identifying professional
services routinely furnished by the pharmacy. Any mailing fees and
delivery fees may be stated separately without repetition. The
information shall not be false or misleading.

(O)
"Wholesale distributor of dangerous drugs" or "wholesale
distributor" means a person engaged in the sale of dangerous
drugs at wholesale and includes any agent or employee of such a
person authorized by the person to engage in the sale of dangerous
drugs at wholesale.

(P)
"Manufacturer of dangerous drugs" or "manufacturer"
means a person, other than a pharmacist or prescriber, who
manufactures dangerous drugs and who is engaged in the sale of those
dangerous drugs.

(Q)
"Terminal distributor of dangerous drugs" or "terminal
distributor" means a person who is engaged in the sale of
dangerous drugs at retail, or any person, other than a manufacturer,
repackager, outsourcing facility, third-party logistics provider,
wholesale distributor, or pharmacist, who has possession, custody, or
control of dangerous drugs for any purpose other than for that
person's own use and consumption. "Terminal distributor"
includes pharmacies, hospitals, nursing homes, and laboratories and
all other persons who procure dangerous drugs for sale or other
distribution by or under the supervision of a pharmacist, licensed
health professional authorized to prescribe drugs, or other person
authorized by the state board of pharmacy.

(R)
"Promote to the public" means disseminating a
representation to the public in any manner or by any means, other
than by labeling, for the purpose of inducing, or that is likely to
induce, directly or indirectly, the purchase of a dangerous drug at
retail.

(S)
"Person" includes any individual, partnership, association,
limited liability company, or corporation, the state, any political
subdivision of the state, and any district, department, or agency of
the state or its political subdivisions.

(T)(1)
"Animal shelter" means a facility operated by a humane
society or any society organized under Chapter 1717. of the Revised
Code or a dog pound operated pursuant to Chapter 955. of the Revised
Code.

(2)
"County dog warden" means a dog warden or deputy dog warden
appointed or employed under section 955.12 of the Revised Code.

(U)
"Food" has the same meaning as in section 3715.01 of the
Revised Code.

(V)
"Pain management clinic" has the same meaning as in section
4731.054 of the Revised Code.

(W)
"Investigational drug or product" means a drug or product
that has successfully completed phase one of the United States food
and drug administration clinical trials and remains under clinical
trial, but has not been approved for general use by the United States
food and drug administration. "Investigational drug or product"
does not include controlled substances in schedule I, as defined in
section 3719.01 of the Revised Code.

(X)
"Product," when used in reference to an investigational
drug or product, means a biological product, other than a drug, that
is made from a natural human, animal, or microorganism source and is
intended to treat a disease or medical condition.

(Y)
"Third-party logistics provider" means a person that
provides or coordinates warehousing or other logistics services
pertaining to dangerous drugs including distribution, on behalf of a
manufacturer, wholesale distributor, or terminal distributor of
dangerous drugs, but does not take ownership of the drugs or have
responsibility to direct the sale or disposition of the drugs.

(Z)
"Repackager of dangerous drugs" or "repackager"
means a person that repacks and relabels dangerous drugs for sale or
distribution.

(AA)
"Outsourcing facility" means a facility that is engaged in
the compounding and sale of sterile drugs and is registered as an
outsourcing facility with the United States food and drug
administration.

(BB)
"Laboratory" means a laboratory licensed under this chapter
as a terminal distributor of dangerous drugs and entrusted to have
custody of any of the following drugs and to use the drugs for
scientific and clinical purposes and for purposes of instruction:
dangerous drugs that are not controlled substances, as defined in
section 3719.01 of the Revised Code; dangerous drugs that are
controlled substances, as defined in that section; and controlled
substances in schedule I, as defined in that section.

(CC)
"Overdose reversal drug" means both of the following:

(1)
Naloxone;

(2)
Any other drug that the state board of pharmacy, through rules
adopted in accordance with Chapter 119. of the Revised Code,
designates as a drug that is approved by the federal food and drug
administration for the reversal of a known or suspected
opioid-related overdose.

Sec.
4729.261.
(A)
For purposes of division (D)(4)(b) of section 2925.14 of the Revised
Code, and subject to division (B) of this section, the state board of
pharmacy shall adopt rules establishing standards and procedures for
its approval of types of instruments that are not to be considered
drug paraphernalia because they demonstrate efficacy in reducing drug
poisoning by determining the presence of a specific compound or group
of compounds. The rules shall be adopted in accordance with Chapter
119. of the Revised Code.

(B)
Under this section, the board shall not approve any type of
instrument to the extent that the instrument is intended to measure
the purity of a mixture.

Sec.
4729.49.
(A)
As used in this section
,
:

(1)

"340B covered entity
,
"

"medicaid

has
the same meaning as in section 3902.70 of the Revised Code.

(2)
"Medicaid
managed
care organization," and "third-party administrator"
have the same meanings as in section 5167.01 of the Revised Code.

(B)
A contract between a terminal distributor of dangerous drugs and a
340B covered entity shall require the terminal distributor to comply
with division (C) of this section.

(C)
When paying a 340B covered entity for a dangerous drug dispensed to a
patient, a terminal distributor shall pay to the 340B covered entity
the full reimbursement amount the terminal distributor receives from
the patient and the patient's health insurer, including a third-party
administrator or medicaid managed care organization, except that the
terminal distributor may deduct from the full reimbursement amount a
fee agreed on in writing by the terminal distributor and the 340B
covered entity.

Sec.
4729.52.
(A)
As used in this section:

(1)
"Category II" means any dangerous drug that is not included
in category III.

(2)
"Category III" means any controlled substance that is
contained in schedule I, II, III, IV, or V.

(3)
"Schedule I,""schedule II,""schedule
III,""schedule IV," and "schedule V" have
the same meanings as in section 3719.01 of the Revised Code.

(B)(1)(a)
The state board of pharmacy shall license
persons
seeking to operate as any of
the
following

persons
,
whether located within or outside this state
:

(i)
Wholesale distributors of dangerous drugs;

(ii)
Manufacturers of dangerous drugs;

(iii)
Outsourcing facilities;

(iv)
Third-party logistics providers;

(v)
Repackagers of dangerous drugs.

(b)

There
shall be two categories for the licenses
When
the board issues a license to a person
identified
in division (B)(1)(a) of this section
.
The
,
the license shall be issued according to one of the following

categories

are
as follows
,
as the case may be for the person's business operations
:

(i)
Category II license.
A
category II license applies to a person whose business operations are
located within this state.
A
person who obtains this license may possess, have custody or control
of, and distribute
,

only the dangerous drugs described in category II.

(ii)
Category III license.
A
category III license applies to a person whose business operations
are located within this state.
A
person who obtains this license may possess, have custody or control
of, and distribute
,

the dangerous drugs described in category II and
the
controlled substances described in
category
III.

(iii)
Nonresident license. A nonresident license applies to a person whose
business operations are located outside this state. One of the
following subcategories shall be designated by the board on the
license, based on the license holder's business operations: wholesale
distributor of dangerous drugs, manufacturer of dangerous drugs,
outsourcing facility, third-party logistics provider, or repackager
of dangerous drugs. A person who obtains a nonresident license may
possess, have custody or control of, and distribute the dangerous
drugs described in category II and the controlled substances
described in category III.

(c)
The board may adopt rules under section 4729.26 of the Revised Code
to create classification types of any license issued pursuant to this
section. Persons who meet the definitions of the classification types
shall comply with all requirements for the specific license
classification specified in rule.

(C)
A person seeking a license
identified
in division (B)(1)(a) of
issued
under
this
section shall file with the executive director of the board a
verified application containing such information as the board
requires of the applicant relative to the licensure qualifications
set forth in section 4729.53 of the Revised Code and the rules
adopted under that section.

(D)(1)

The
board shall
license
as
issue

a
category II or category III
license,
designated for a
manufacturer,
outsourcing facility, third-party logistics provider, repackager, or
wholesale distributor
as
the case may be, to
each
applicant
who
has paid
whose
business operations are located within this state, if the applicant
pays
the
required license fee
,
if

and

the
board determines that the applicant meets the licensure
qualifications set forth in section 4729.53 of the Revised Code and
the rules adopted under that section.

(D)
(2)

The board
may

shall

issue

a
nonresident license with the appropriate subcategory designation
to

a
person who does not reside in
an
applicant whose business operations are located outside
this
state

a
license identified in division (B)(1)(a) of this section
,

if the
person

applicant

pays
the required
licensure

license

fee
and
meets

the
board determines
either
of the following:

(1)
Possesses
(a)
That the applicant possesses
a
current and valid manufacturer, outsourcing facility, third-party
logistics provider, repackager, or wholesale distributor license, or
its equivalent, issued by another state in which that
person
is
person's
business operations are
physically
located, but only if that state has qualifications for licensure
comparable to the licensure requirements in this state;

(2)
Meets
(b)
That the applicant meets
the
requirements set forth by the board for issuance of a
nonresident

license

identified
in division (B)(1)(a) of this section
,
as verified by a state, federal, or other entity recognized by the
board to perform such verification.

(E)
All licenses issued or renewed pursuant to this section are effective
for a period specified by the board in rules adopted under section
4729.26 of the Revised Code. The effective period for an initial or
renewed license shall not exceed twenty-four months unless the board
extends the period in rules to adjust license renewal schedules. A
license shall be renewed by the board pursuant to this section, the
standard renewal procedure of Chapter 4745. of the Revised Code, and
rules adopted by the board under section 4729.26 of the Revised Code.
A person seeking to renew a license shall submit an application for
renewal and pay the required renewal fee before the date specified in
the rules adopted by the board.

(F)
Each license issued under this section shall describe not more than
one establishment or place where the license holder may engage in the
activities authorized by the license. No license shall authorize or
permit the person named therein to engage in the sale or distribution
of drugs at wholesale or to maintain possession, custody, or control
of dangerous drugs for any purpose other than for the licensee's own
use and consumption at any establishment or place other than that
described in the license.

(G)(1)(a)
(G)(1)

The category II license fee is one thousand nine hundred dollars and
shall accompany each application for licensure. The license renewal
fee is one thousand nine hundred dollars and shall accompany each
renewal application.

(b)
(2)

The category III license fee is two thousand dollars and shall
accompany each application for licensure. The license renewal fee is
two thousand dollars and shall accompany each renewal application.

(c)(i)
(3)
The nonresident license fee is two thousand dollars and shall
accompany each application for licensure. The license renewal fee is
two thousand dollars and shall accompany each renewal application.

(H)(1)

Subject to division
(G)(1)(c)(ii)

(H)(2)

of
this section, a license issued pursuant to this section that has not
been renewed by the date specified in rules adopted by the board may
be reinstated upon payment of the renewal fee and a penalty of three
hundred dollars.

(ii)
(2)

If a complete application for renewal has not been submitted by the
sixty-first day after the renewal date specified in rules adopted by
the board, the license is considered void and cannot be renewed, but
the license holder may reapply for licensure.

(2)
(I)

Renewal fees and penalties assessed under division
(G)(1)

(G)
or (H)
of
this section shall not be returned if the applicant fails to qualify
for renewal.

(3)
(J)

A person licensed pursuant to this section that fails to renew
licensure in accordance with this section and rules adopted by the
board is prohibited from engaging in manufacturing, repackaging,
or

compounding

drugs
,
or distributing
drugs

as
a third-party logistics provider or wholesale distributor
,

until a valid license is issued by the board.

(H)
(K)

Holding a license issued pursuant to this section subjects the holder
and the holder's agents and employees to the jurisdiction of the
board and to the laws of this state for the purpose of the
enforcement of this chapter and the rules of the board. However, the
filing of an application for licensure under this section by or on
behalf of any person, or the issuance of a license pursuant to this
section to or on behalf of any person, shall not of itself constitute
evidence that the person is doing business within this state.

(I)
(L)
A person holding a license issued under this section shall designate,
and shall have available at all times, a person to serve for the
licensed location in a position to be known as "responsible
person." A person may be designated and serve as a responsible
person only if the person meets the requirements established in rules
the board shall adopt under section 4729.26 of the Revised Code.
Along with the license holder, a responsible person shall accept
responsibility for the operation of the licensed location in
accordance with all applicable state and federal laws and rules.

A
license holder shall notify the board of the person who is designated
to serve as the responsible person and, thereafter, shall notify the
board each time a change is made in the designation. Notice to the
board shall be provided in accordance with procedures established in
rules that the board shall adopt under section 4729.26 of the Revised
Code. For any change of responsible person, the board shall assess a
fee of fifteen dollars.

(M)

The board may enter into agreements with other states, federal
agencies, and other entities to exchange information concerning
licensing and inspection of any manufacturer, outsourcing facility,
third-party logistics provider, repackager, or wholesale distributor
located within or outside this state and to investigate alleged
violations of the laws and rules governing distribution of drugs by
such persons. Any information received pursuant to such an agreement
is subject to the same confidentiality requirements applicable to the
agency or entity from which it was received and shall not be released
without prior authorization from that agency or entity. Any
information received is also subject to section 4729.23 of the
Revised Code.

Sec.
4729.53.
(A)
The state board of pharmacy shall not license any person as a
manufacturer of dangerous drugs, outsourcing facility, third-party
logistics provider, repackager of dangerous drugs, or wholesale
distributor of dangerous drugs unless the applicant for licensure
furnishes satisfactory proof to the board that all of the following
conditions are met:

(1)
If the applicant has committed acts that the board finds violate any
federal, state, or local law, regulation, or rule relating to drug
samples, manufacturing, compounding, repackaging, wholesale or retail
drug distribution, or distribution of dangerous drugs, including
controlled substances, or
if
the applicant has committed acts that the board finds
constitute
a felony, or if a federal, state, or local governmental entity has
suspended or revoked any current or prior license of the applicant
for the manufacture, compounding, repackaging, distribution, or sale
of any dangerous drugs, including controlled substances, the
applicant, to the satisfaction of the board, assures that the
applicant has in place adequate safeguards to prevent the recurrence
of any such violations
,
felonies, or license suspensions or revocations
.

(2)
The applicant's past experience in the manufacture, compounding,
repackaging, or distribution of dangerous drugs, including controlled
substances, is acceptable to the board.

(3)
The applicant is properly equipped as to land, buildings, equipment,
and personnel to properly carry on its business, including providing
adequate security for and proper storage conditions and handling for
dangerous drugs, and is complying with the requirements under this
chapter and the rules adopted pursuant thereto for maintaining and
making available records to properly identified board officials and
federal, state, and local law enforcement agencies.

(4)
Personnel employed by the applicant have the appropriate education or
experience, as determined by the board, to assume responsibility for
positions related to compliance with this chapter and the rules
adopted pursuant thereto.

(5)
The applicant has designated the name and address of a person to whom
communications from the board may be directed and upon whom the
notices and citations provided for in section 4729.56 of the Revised
Code may be served.

(6)
Adequate safeguards are assured to prevent the sale of dangerous
drugs other than in accordance with section 4729.51 of the Revised
Code.

(7)
With respect to criminal records checks, the applicant has done both
of the following
,

and the board has decided that the results of the criminal records
checks do not make the applicant ineligible for a license issued
pursuant to section 4729.52 of the Revised Code:

(a)

Complied

The
applicant has complied
with
sections 4776.01 to 4776.04 of the Revised Code
;
.

(b)

Required
any
The
applicant has required each of the following to submit to a criminal
records check in accordance with section 4776.02 of the Revised Code
and send the results of the criminal records check directly to the
board:

(i)
Any
person
who is seeking to serve as the responsible person on the license,
as
required by section 4729.52 of the Revised Code;

(2)
Any person
who
has an ownership interest
,

or who is a corporate officer, as set forth in rules adopted under
division (C) of this section
,
to submit to a criminal records check in accordance with section
4776.02 of the Revised Code and send the results of the criminal
records check directly to the board
.

(8)
The applicant meets any other requirement or qualification the board,
by rule adopted under division (C) of this section, considers
relevant to and consistent with the public safety and health.

(B)
In addition to the causes described in section 4729.56 of the Revised
Code for refusing to grant or renew a license, the board may refuse
to grant or renew a license if the board determines that the granting
of the license or its renewal is not in the public interest.

(C)
The board shall adopt rules in accordance with Chapter 119. of the
Revised Code that do all of the following:

(1)
For purposes of division (A)(7)(b) of this section,
define
"responsible person" and
specify
the persons with ownership interests and the corporate officers who
are required to submit to criminal records checks;

(2)
For purposes of division (A)(8) of this section, specify other
requirements or qualifications, if any, that an applicant must meet
to receive a license;

(3)
Address any other matter the board considers appropriate to implement
this section.

Sec.
4729.54.
(A)
As used in this section:

(1)
"Category II" means any dangerous drug that is not included
in category III.

(2)
"Category III" means any controlled substance that is
contained in schedule I, II, III, IV, or V.

(3)
"Emergency medical service organization" has the same
meaning as in section 4765.01 of the Revised Code.

(4)
"Emergency medical service organization satellite" means a
location where dangerous drugs are stored that is separate from, but
associated with, the headquarters of an emergency medical service
organization. "Emergency medical service organization satellite"
does not include the units under the control of the emergency medical
service organization.

(5)
"Person" includes an emergency medical service organization
or an emergency medical service organization satellite.

(6)
"Schedule I," "schedule II," "schedule III,"
"schedule IV," and "schedule V" have the same
meanings as in section 3719.01 of the Revised Code.

(B)(1)

The
state board of pharmacy shall license persons seeking to operate as
terminal distributors of dangerous drugs, whether located within or
outside this state.

A
person seeking to be licensed as a terminal distributor of dangerous
drugs shall file with the executive director of the
state

board

of
pharmacy
a
verified application. After it is filed, the application may not be
withdrawn without approval of the board.

(2)
An application shall contain all the following that apply in the
applicant's case:

(a)
Information that the board requires relative to the qualifications of
a terminal distributor of dangerous drugs set forth in section
4729.55 of the Revised Code;

(b)
A statement as to
whether

the
category of licensure, identified under division (E) of this section,
that
the
person is seeking

to
be licensed as a category II, category III, limited category II, or
limited category III terminal distributor of dangerous drugs
;

(c)
If the person is seeking to be licensed as a limited category II or
limited category III terminal distributor of dangerous drugs, a list
of the dangerous drugs
described
in category II or the controlled substances described in category III

that
the person is seeking to possess, have custody or control of, and
distribute, which list shall also specify the purpose for which those
drugs will be used and their source;

(d)
If the person is an emergency medical service organization, the
information that is specified in divisions (C)(1) and (2) of this
section, and if the person is an emergency medical service
organization satellite, the information required under division (D)
of this section;

(e)
Except with respect to the units under the control of an emergency
medical service organization, the identity of the one establishment
or place at which the person intends to engage in the sale or other
distribution of dangerous drugs at retail, and maintain possession,
custody, or control of dangerous drugs for purposes other than the
person's own use or consumption;

(f)
If the application pertains to a pain management clinic, information
that demonstrates, to the satisfaction of the board, compliance with
division (A) of section 4729.552 of the Revised Code.

(C)(1)
Each emergency medical service organization that applies for a
terminal distributor of dangerous drugs license shall submit with its
application all of the following:

(a)
A copy of its standing orders or protocol, which orders or protocol
shall be signed by a physician;

(b)
A list of the dangerous drugs that the units under its control may
carry, expressed in standard dose units, which shall be signed by a
physician;

(c)
A list of the personnel employed or used by the organization to
provide emergency medical services in accordance with Chapter 4765.
of the Revised Code.

In
accordance with Chapter 119. of the Revised Code, the board shall
adopt rules specifying when an emergency medical service organization
that is licensed as a terminal distributor must notify the board of
any changes in its documentation submitted pursuant to division
(C)(1) of this section.

(2)
An emergency medical service organization seeking to be licensed as a
terminal distributor of dangerous drugs shall list in its application
for licensure the following additional information:

(a)
The units under its control that the organization determines will
possess dangerous drugs for the purpose of administering emergency
medical services in accordance with Chapter 4765. of the Revised
Code;

(b)
With respect to each such unit, whether the dangerous drugs that the
organization determines the unit will possess are in category II or
III.

(3)
An emergency medical service organization that is licensed as a
terminal distributor of dangerous drugs shall file a new application
for such licensure if there is any change in the number or location
of any of its units or if there is any change in the category of the
dangerous drugs that any unit will possess.

(4)
A unit listed in an application for licensure pursuant to division
(C)(2) of this section may obtain the dangerous drugs it is
authorized to possess from its emergency medical service organization
or, on a replacement basis, from a hospital pharmacy. If units will
obtain dangerous drugs from a hospital pharmacy, the organization
shall file, and maintain in current form, the following items with
the pharmacist who is responsible for the hospital's terminal
distributor of dangerous drugs license:

(a)
A copy of its standing orders or protocol;

(b)
A list of the personnel employed or used by the organization to
provide emergency medical services in accordance with Chapter 4765.
of the Revised Code, who are authorized to possess the drugs, which
list also shall indicate the personnel who are authorized to
administer the drugs.

(D)
Each emergency medical service organization satellite that applies
for a terminal distributor of dangerous drugs license shall submit
with its application all of the information that the board requires
to be submitted with the application, as specified in rules the board
shall adopt in accordance with Chapter 119. of the Revised Code.

(E)

There
shall be four categories of terminal distributor of dangerous drugs
licenses. The
When
the board issues a license to a person seeking to operate as a
terminal distributor of dangerous drugs, the board shall issue the
license according to one of the following

categories

are
as follows
,
as the case may be for the person's business operations
:

(1)
Category II license.
A
category II license applies to a person whose business operations are
located within this state.
A
person who obtains this license may possess, have custody or control
of, and distribute only the dangerous drugs described in category II.

(2)
Limited category II license.
A
limited category II license applies to a person whose business
operations are located within this state.
A
person who obtains this license may possess, have custody or control
of, and distribute only the dangerous drugs described in category II
that were listed in the application for licensure.

(3)
Category III license, which may include a pain management clinic
classification issued under section 4729.552 of the Revised Code.
A
category III license applies to a person whose business operations
are located within this state.
A
person who obtains this license may possess, have custody or control
of, and distribute the dangerous drugs described in category II and
category III. If the license includes a pain management clinic
classification, the person may operate a pain management clinic.

(4)
Limited category III license.
A
limited category III license applies to a person whose business
operations are located within this state.
A
person who obtains this license may possess, have custody or control
of, and distribute only the dangerous drugs described in category II
or
the
controlled substances described in
category
III that were listed in the application for licensure.

(5)
Nonresident license. A nonresident license applies to a person whose
business operations are located outside this state. A person who
obtains a nonresident license may possess, have custody or control
of, and distribute the dangerous drugs described in category II and
the controlled substances described in category III.

(F)
Except for an application made by a county dog warden or on behalf of
an animal shelter, if an applicant for a limited category II license
or limited category III license intends to administer dangerous drugs
to a person or animal, the applicant shall submit, with the
application, a copy of its protocol or standing orders. The protocol
or orders shall be signed by a licensed health professional
authorized to prescribe drugs, specify the dangerous drugs to be
administered, and list personnel who are authorized to administer the
dangerous drugs in accordance with federal law or the law of this
state.

An
application made by a county dog warden or on behalf of an animal
shelter shall include a list of the dangerous drugs to be
administered to animals and the personnel who are authorized to
administer the drugs to animals in accordance with section 4729.532
of the Revised Code.

In
accordance with Chapter 119. of the Revised Code, the board shall
adopt rules specifying when a licensee must notify the board of any
changes in its documentation submitted pursuant to this division.

(G)(1)
Except as provided in division (G)(3) of this section, each applicant
for licensure as a terminal distributor of dangerous drugs shall
submit, with the application, a license fee

in
the amount that applies to the category of licensure being sought
.
The amount assessed shall not be returned to the applicant if the
applicant fails to qualify for the license.

(2)
The following fees apply under division (G)(1) of this section:

(a)
Except as provided in division (G)(2)(b) of this section:

(i)
Three hundred
twenty

sixty

dollars
for a category II or limited category II license;

(ii)
Four hundred
forty

sixty

dollars
for a category III license, including a license with a pain
management clinic classification issued under section 4729.552 of the
Revised Code, or a limited category III license
;

(iii)
Five hundred dollars for a nonresident license
.

(b)
One hundred
twenty

sixty

dollars
for all of the following

whose
business operations are located within this state
:

(i)
A person who is required to hold a license as a terminal distributor
of dangerous drugs pursuant to division (C) of section 4729.541 of
the Revised Code;

(ii)
A professional association, corporation, partnership, or limited
liability company organized for the purpose of practicing veterinary
medicine that is not included in division (G)(2)(b)(i) of this
section;

(iii)
An emergency medical service organization satellite.

(3)
No fee applies for a license issued to a charitable pharmacy, as
defined in section 3719.811 of the Revised Code, if the charitable
pharmacy is participating in the drug repository program established
under section 3715.87 of the Revised Code.

(H)(1)
The board shall issue a terminal distributor of dangerous drugs
license
,
in the appropriate category,

to each person who submits an application for such licensure in
accordance with this section, pays the required license fee, is
determined by the board to meet the requirements set forth in section
4729.55 of the Revised Code, and satisfies any other applicable
requirements of this section.

(2)
Except for the license of a county dog warden, the license shall
describe the one establishment or place at which the licensee may
engage in the sale or other distribution of dangerous drugs at retail
and maintain possession, custody, or control of dangerous drugs for
purposes other than the licensee's own use or consumption. The one
establishment or place shall be that which is identified in the
application for licensure.

No
such license shall authorize or permit the terminal distributor of
dangerous drugs named in it to engage in the sale or other
distribution of dangerous drugs at retail or to maintain possession,
custody, or control of dangerous drugs for any purpose other than the
distributor's own use or consumption, at any establishment or place
other than that described in the license, except that an agent or
employee of an animal shelter or county dog warden may possess and
use dangerous drugs in the course of business as provided in section
4729.532 of the Revised Code.

(3)
The license of an emergency medical service organization shall cover
the organization's headquarters and, in addition, shall cover and
describe all the units of the organization listed in its application
for licensure.

(I)(1)
All licenses issued or renewed pursuant to this section shall be
effective for a period specified by the board in rules adopted under
section 4729.26 of the Revised Code. The effective period for an
initial or renewed license shall not exceed twenty-four months unless
the board extends the period in rules to adjust license renewal
schedules. A license shall be renewed by the board according to the
provisions of this section, the standard renewal procedure of Chapter
4745. of the Revised Code, and rules adopted by the board under
section 4729.26 of the Revised Code. A person seeking to renew a
license shall submit an application for renewal and pay the required
fee on or before the date specified in the rules adopted by the
board. The fee required for the renewal of a license shall be the
same as the license fee that applies under division (G)(2) of this
section.

(2)(a)
Subject to division (I)(2)(b) of this section, a license that has not
been renewed by the date specified in rules adopted by the board may
be reinstated only upon payment of the required renewal fee and a
penalty fee of one hundred ten dollars.

(b)
If an application for renewal has not been submitted by the
sixty-first day after the renewal date specified in rules adopted by
the board, the license is considered void and cannot be renewed, but
the license holder may reapply for licensure.

(3)
A terminal distributor of dangerous drugs that fails to renew
licensure in accordance with this section and rules adopted by the
board is prohibited from engaging in the retail sale, possession, or
distribution of dangerous drugs until a valid license is issued by
the board.

(J)(1)
No emergency medical service organization that is licensed as a
terminal distributor of dangerous drugs shall fail to comply with
division (C)(1), (3), or (4) of this section.

(2)
No licensed terminal distributor of dangerous drugs shall possess,
have custody or control of, or distribute dangerous drugs that the
terminal distributor is not entitled to possess, have custody or
control of, or distribute by virtue of its category of licensure.

(3)
No licensee that is required by division (F) of this section to
notify the board of changes in its protocol or standing orders, or in
personnel, shall fail to comply with that division.

(K)

A
person holding a license issued under this section shall designate,
and shall have available at all times, a person to serve for the
licensed location in a position to be known as "responsible
person." A person may be designated and serve as a responsible
person only if the person meets the requirements established in rules
that the board shall adopt under section 4729.26 of the Revised Code.
Along with the license holder, a responsible person shall accept
responsibility for the operation of the licensed location in
accordance with all applicable state and federal laws and rules.

A
license holder shall notify the board of the person who is designated
to serve as the responsible person and, thereafter, shall notify the
board each time a change is made in the designation. Notice to the
board shall be provided in accordance with procedures established in
rules that the board shall adopt under section 4729.26 of the Revised
Code. For any change of responsible person, the board shall assess a
fee of fifteen dollars.

(L)

The
board may enter into agreements with other states, federal agencies,
and other entities to exchange information concerning licensing and
inspection of terminal distributors of dangerous drugs located within
or outside this state and to investigate alleged violations of the
laws and rules governing distribution of drugs by terminal
distributors. Any information received pursuant to such an agreement
is subject to the same confidentiality requirements applicable to the
agency or entity from which it was received and shall not be released
without prior authorization from that agency or entity.

Any
information received is also subject to section 4729.23 of the
Revised Code.

Sec.
4729.541.
(A)
Except as provided in divisions (B) and (C) of this section, all of
the following are exempt from licensure as a terminal distributor of
dangerous drugs:

(1)
A licensed health professional authorized to prescribe drugs;

(2)
A business entity that is a corporation formed under division (B) of
section 1701.03 of the Revised Code, a limited liability company
formed under former Chapter 1705. of the Revised Code as that chapter
existed prior to February 11, 2022, or Chapter 1706. of the Revised
Code, or a professional association formed under Chapter 1785. of the
Revised Code if the entity has a sole shareholder who is a prescriber
and is authorized to provide the professional services being offered
by the entity;

(3)
A business entity that is a corporation formed under division (B) of
section 1701.03 of the Revised Code, a limited liability company
formed under former Chapter 1705. of the Revised Code as that chapter
existed prior to February 11, 2022, or Chapter 1706. of the Revised
Code, a partnership or a limited liability partnership formed under
Chapter 1775. of the Revised Code, or a professional association
formed under Chapter 1785. of the Revised Code, if, to be a
shareholder, member, or partner, an individual is required to be
licensed, certified, or otherwise legally authorized under Title
XLVII of the Revised Code to perform the professional service
provided by the entity and each such individual is a prescriber;

(4)
An individual who holds a current license, certificate, or
registration issued under Title XLVII of the Revised Code and has
been certified to conduct diabetes education by a national certifying
body specified in rules adopted by the state board of pharmacy under
section 4729.68 of the Revised Code, but only with respect to insulin
that will be used for the purpose of diabetes education and only if
diabetes education is within the individual's scope of practice under
statutes and rules regulating the individual's profession;

(5)
An individual who holds a valid certificate issued by a nationally
recognized S.C.U.B.A. diving certifying organization approved by the
state board of pharmacy under rules adopted by the board, but only
with respect to medical oxygen that will be used for the purpose of
emergency care or treatment at the scene of a diving emergency;

(6)
With respect to epinephrine autoinjectors that may be possessed under
section 3313.7110, 3313.7111, 3314.143, 3326.28, or 3328.29 of the
Revised Code, any of the following: the board of education of a city,
local, exempted village, or joint vocational school district; a
chartered or nonchartered nonpublic school; a community school
established under Chapter 3314. of the Revised Code; a STEM school
established under Chapter 3326. of the Revised Code; or a
college-preparatory boarding school established under Chapter 3328.
of the Revised Code;

(7)
With respect to epinephrine autoinjectors that may be possessed under
section
5101.76

5180.26

of
the Revised Code, any of the following: a residential camp, as
defined in section 2151.011 of the Revised Code; a child day camp, as
defined in section 5104.01 of the Revised Code; or a child day camp
operated by any county, township, municipal corporation, township
park district created under section 511.18 of the Revised Code, park
district created under section 1545.04 of the Revised Code, or joint
recreation district established under section 755.14 of the Revised
Code;

(8)
With respect to epinephrine autoinjectors that may be possessed under
Chapter 3728. of the Revised Code, a qualified entity, as defined in
section 3728.01 of the Revised Code;

(9)
With respect to inhalers that may be possessed under section
3313.7113, 3313.7114, 3314.144, 3326.30, or 3328.30 of the Revised
Code, any of the following: the board of education of a city, local,
exempted village, or joint vocational school district; a chartered or
nonchartered nonpublic school; a community school established under
Chapter 3314. of the Revised Code; a STEM school established under
Chapter 3326. of the Revised Code; or a college-preparatory boarding
school established under Chapter 3328. of the Revised Code;

(10)
With respect to inhalers that may be possessed under section
5101.77

5180.261

of
the Revised Code, any of the following: a residential camp, as
defined in section 2151.011 of the Revised Code; a child day camp, as
defined in section 5104.01 of the Revised Code; or a child day camp
operated by any county, township, municipal corporation, township
park district created under section 511.18 of the Revised Code, park
district created under section 1545.04 of the Revised Code, or joint
recreation district established under section 755.14 of the Revised
Code;

(11)
With respect to overdose reversal drugs that may be possessed for the
purposes described in section 3715.50 of the Revised Code, any person
or government entity exercising the authority conferred by that
section;

(12)
With respect to overdose reversal drugs that may be possessed for use
in personally furnishing supplies of the drug pursuant to a protocol
established under section 3715.503 of the Revised Code, any
individual exercising the authority conferred by that section;

(13)
With respect to injectable or nasally administered glucagon that may
be possessed under sections 3313.7115, 3313.7116, 3314.147, 3326.60,
and 3328.38 of the Revised Code, any of the following: the board of
education of a city, local, exempted village, or joint vocational
school district; a chartered or nonchartered nonpublic school; a
community school established under Chapter 3314. of the Revised Code;
a STEM school established under Chapter 3326. of the Revised Code; or
a college-preparatory boarding school established under Chapter 3328.
of the Revised Code;

(14)
With respect to injectable or nasally administered glucagon that may
be possessed under section
5101.78

5180.262

of
the Revised Code, any of the following: a residential camp, as
defined in section 2151.011 of the Revised Code; a child day camp, as
defined in section 5104.01 of the Revised Code; or a child day camp
operated by any county, township, municipal corporation, township
park district created under section 511.18 of the Revised Code, park
district created under section 1545.04 of the Revised Code, or joint
recreation district established under section 755.14 of the Revised
Code;

(15)
A person who possesses nitrous oxide for use as a direct ingredient
in food pursuant to 21 C.F.R. 184.1545 or for testing or maintaining
a plumbing or heating, ventilation, and air conditioning system;

(16)
A person who possesses medical oxygen, sterile water, or sterile
saline for direct administration to patients or for the purpose of
installation or maintenance of home medical equipment, as defined in
section 4752.01 of the Revised Code;

(17)
A facility that is owned and operated by the United States department
of defense, the United States department of veterans affairs, or any
other federal agency.

(B)
If a person described in division (A) of this section is a pain
management clinic or is operating a pain management clinic, the
person shall hold a license as a terminal distributor of dangerous
drugs with a pain management clinic classification issued under
section 4729.552 of the Revised Code.

(C)
Any of the persons described in divisions (A)(1) to (16) of this
section shall hold a license as a terminal distributor of dangerous
drugs in order to possess, have custody or control of, and distribute
any of the following:

(1)
Dangerous drugs that are compounded or used for the purpose of
compounding;

(2)
A schedule I, II, III, IV, or V controlled substance, as defined in
section 3719.01 of the Revised Code.

Sec.
4729.56.
(A)(1)
The state board of pharmacy, in accordance with Chapter 119. of the
Revised Code, may impose any one or more of the following sanctions
on a person licensed under
division
(B)(1)(a) of
section
4729.52 of the Revised Code for any of the causes set forth in
division (A)(2) of this section:

(a)
Suspend, revoke, restrict, limit, or refuse to grant or renew a
license;

(b)
Reprimand or place the license holder on probation;

(c)
Impose a monetary penalty or forfeiture not to exceed in severity any
fine designated under the Revised Code for a similar offense or two
thousand five hundred dollars if the acts committed are not
classified as an offense by the Revised Code;

(2)
The board may impose the sanctions set forth in division (A)(1) of
this section for any of the following:

(a)
Making any false material statements in an application for licensure
under section 4729.52 of the Revised Code;

(b)
Violating any federal, state, or local drug law; any provision of
this chapter or Chapter 2925., 3715., or 3719. of the Revised Code;
or any rule of the board;

(c)
A conviction of a felony;

(d)
Failing to satisfy the qualifications for licensure under section
4729.53 of the Revised Code or the rules of the board or ceasing to
satisfy the qualifications after the registration is granted or
renewed;

(e)
Falsely or fraudulently promoting to the public a drug that is a
controlled substance included in schedule I, II, III, IV, or V,
except that nothing in this division prohibits a manufacturer,
outsourcing facility, third-party logistics provider, repackager, or
wholesale distributor of dangerous drugs from furnishing information
concerning a controlled substance to a health care provider or
licensed terminal distributor;

(f)
Violating any provision of the "Federal Food, Drug, and Cosmetic
Act," 52 Stat. 1040 (1938), 21 U.S.C. 301, or Chapter 3715. of
the Revised Code;

(g)
Any other cause for which the board may impose sanctions as set forth
in rules adopted under section 4729.26 of the Revised Code.

(B)
Upon the suspension or revocation of any license
identified
in division (B)(1)(a) of
issued
under
section
4729.52 of the Revised Code, the licensee shall immediately surrender
the license to the board.

(C)
If the board suspends, revokes, or refuses to renew any license

identified
in division (B)(1)(a) of
issued
under
section
4729.52 of the Revised Code and determines that there is clear and
convincing evidence of a danger of immediate and serious harm to any
person, the board may place under seal all dangerous drugs owned by
or in the possession, custody, or control of the affected licensee.
Except as provided in this division, the board shall not dispose of
the dangerous drugs sealed under this division until the licensee
exhausts all of the licensee's appeal rights under Chapter 119. of
the Revised Code. The court involved in such an appeal may order the
board, during the pendency of the appeal, to sell sealed dangerous
drugs that are perishable. The board shall deposit the proceeds of
the sale with the court.

(D)
If the board is required under Chapter 119. of the Revised Code to
give notice of an opportunity for a hearing and the license holder
does not make a timely request for a hearing in accordance with
section 119.07 of the Revised Code, the board is not required to hold
a hearing, but may adopt a final order that contains the board's
findings. In the final order, the board may impose any of the
sanctions listed in division (A) of this section.

(E)
Notwithstanding division (D)(2) of section 2953.32 or division (F)(1)
of section 2953.39 of the Revised Code specifying that if records
pertaining to a criminal case are sealed or expunged under that
section the proceedings in the case must be deemed not to have
occurred, sealing or expungement of the following records on which
the board has based an action under this section shall have no effect
on the board's action or any sanction imposed by the board under this
section: records of any conviction, guilty plea, judicial finding of
guilt resulting from a plea of no contest, or a judicial finding of
eligibility for a pretrial diversion program or intervention in lieu
of conviction. The board is not required to seal, destroy, redact, or
otherwise modify its records to reflect the court's sealing or
expungement of conviction records.

Sec.
4729.561.
If
the state board of pharmacy determines that there is clear and
convincing evidence that the method used
by
a licensed manufacturer of dangerous drugs, outsourcing facility,
third-party logistics provider, repackager of dangerous drugs, or
wholesale distributor of dangerous drugs
to
possess or distribute dangerous drugs
by
a person licensed under section 4729.52 of the Revised Code
presents
a danger of immediate and serious harm to others, the board may
suspend without a hearing the
person's

license
issued pursuant to
that

section

4729.52
of the Revised Code
.
The board shall follow the procedure for suspension without a prior
hearing in section 119.07 of the Revised Code. The suspension shall
remain in effect, unless removed by the board, until the board's
final adjudication order becomes effective, except that if the board
does not issue its final adjudication order within one hundred twenty
days after the suspension, the suspension shall be void on the one
hundred twenty-first day after the suspension.

Sec.
4729.60.
(A)(1)
Before a
licensee
identified in division (B)(1)(a) of
person
licensed under
section
4729.52 of the Revised Code may sell or distribute dangerous drugs at
wholesale to any person, except as provided in division (A)(2) of
this section, the licensee shall query the roster established
pursuant to section 4729.59 of the Revised Code to determine whether
the purchaser is a licensed terminal distributor of dangerous drugs.

If
no documented query is conducted before a sale is made, it shall be
presumed that the sale of dangerous drugs by the licensee is in
violation of division (B) of section 4729.51 of the Revised Code and
the purchase of dangerous drugs by the purchaser is in violation of
division (E) of section 4729.51 of the Revised Code. If a licensee
conducts a documented query and relies on the results of the query in
selling or distributing dangerous drugs at wholesale to the terminal
distributor of dangerous drugs, the licensee shall be deemed not to
have violated division (B) of section 4729.51 of the Revised Code in
making the sale.

(2)
Division (A)(1) of this section does not apply when a
licensee
identified in division (B)(1)(a) of
person
licensed under
section
4729.52 of the Revised Code sells or distributes dangerous drugs at
wholesale to any of the following:

(a)
A person specified in division (B)(4) of section 4729.51 of the
Revised Code;

(b)
A person exempt from licensure as a terminal distributor of dangerous
drugs under section 4729.541 of the Revised Code.

(B)
Before a licensed terminal distributor of dangerous drugs may
purchase dangerous drugs at wholesale, the terminal distributor shall
query the roster established pursuant to section 4729.59 of the
Revised Code to confirm the seller is licensed to engage in the sale
or distribution of dangerous drugs at wholesale.

If
no documented query is conducted before a purchase is made, it shall
be presumed that the purchase of dangerous drugs by the terminal
distributor is in violation of division (F) of section 4729.51 of the
Revised Code and the sale of dangerous drugs by the seller is in
violation of division (A) of section 4729.51 of the Revised Code. If
a licensed terminal distributor of dangerous drugs conducts a
documented query at least annually and relies on the results of the
query in purchasing dangerous drugs at wholesale, the terminal
distributor shall be deemed not to have violated division (F) of
section 4729.51 of the Revised Code in making the purchase.

Sec.
4729.80.
(A)
If the state board of pharmacy establishes and maintains a drug
database pursuant to section 4729.75 of the Revised Code, the board
is authorized or required to provide information from the database
only as follows:

(1)
On receipt of a request from a designated representative of a
government entity responsible for the licensure, regulation, or
discipline of health care professionals with authority to prescribe,
administer, or dispense drugs, the board may provide to the
representative information from the database relating to the
professional who is the subject of an active investigation being
conducted by the government entity or relating to a professional who
is acting as an expert witness for the government entity in such an
investigation.

(2)
On receipt of a request from a federal officer, or a state or local
officer of this or any other state, whose duties include enforcing
laws relating to drugs, the board shall provide to the officer
information from the database relating to the person who is the
subject of an active investigation of a drug abuse offense, as
defined in section 2925.01 of the Revised Code, being conducted by
the officer's employing government entity.

(3)
Pursuant to a subpoena issued by a grand jury, the board shall
provide to the grand jury information from the database relating to
the person who is the subject of an investigation being conducted by
the grand jury.

(4)
Pursuant to a subpoena, search warrant, or court order in connection
with the investigation or prosecution of a possible or alleged
criminal offense, the board shall provide information from the
database as necessary to comply with the subpoena, search warrant, or
court order.

(5)
On receipt of a request from a prescriber or the prescriber's
delegate approved by the board, the board shall provide to the
prescriber a report of information from the database relating to a
patient who is either a current patient of the prescriber or a
potential patient of the prescriber based on a referral of the
patient to the prescriber, if all of the following conditions are
met:

(a)
The prescriber certifies in a form specified by the board that it is
for the purpose of providing medical treatment to the patient who is
the subject of the request;

(b)
The prescriber has not been denied access to the database by the
board.

(6)
On receipt of a request from a pharmacist or the pharmacist's
delegate approved by the board, the board shall provide to the
pharmacist information from the database relating to a current
patient of the pharmacist, if the pharmacist certifies in a form
specified by the board that it is for the purpose of the pharmacist's
practice of pharmacy involving the patient who is the subject of the
request and the pharmacist has not been denied access to the database
by the board.

(7)
On receipt of a request from an individual seeking the individual's
own database information in accordance with the procedure established
in rules adopted under section 4729.84 of the Revised Code, the board
may provide to the individual the individual's own prescription
history.

(8)
On receipt of a request from a medical director or a pharmacy
director of a managed care organization that has entered into a
contract with the department of medicaid under section 5167.10 of the
Revised Code and a data security agreement with the board required by
section 5167.14 of the Revised Code, the board shall provide to the
medical director or the pharmacy director information from the
database relating to a medicaid recipient enrolled in the managed
care organization, including information in the database related to
prescriptions for the recipient that were not covered or reimbursed
under a program administered by the department of medicaid.

(9)
On receipt of a request from the medicaid director, the board shall
provide to the director information from the database relating to a
recipient of a program administered by the department of medicaid,
including information in the database related to prescriptions for
the recipient that were not covered or paid by a program administered
by the department.

(10)
On receipt of a request from a medical director of a managed care
organization that has entered into a contract with the administrator
of workers' compensation under division (B)(4) of section 4121.44 of
the Revised Code and a data security agreement with the board
required by section 4121.447 of the Revised Code, the board shall
provide to the medical director information from the database
relating to a claimant under Chapter 4121., 4123., 4127., or 4131. of
the Revised Code assigned to the managed care organization, including
information in the database related to prescriptions for the claimant
that were not covered or reimbursed under Chapter 4121., 4123.,
4127., or 4131. of the Revised Code, if the administrator of workers'
compensation confirms, upon request from the board, that the claimant
is assigned to the managed care organization.

(11)
On receipt of a request from the administrator of workers'
compensation, the board shall provide to the administrator
information from the database relating to a claimant under Chapter
4121., 4123., 4127., or 4131. of the Revised Code, including
information in the database related to prescriptions for the claimant
that were not covered or reimbursed under Chapter 4121., 4123.,
4127., or 4131. of the Revised Code.

(12)
On receipt of a request from a prescriber or the prescriber's
delegate approved by the board, the board shall provide to the
prescriber information from the database relating to a patient's
mother, if the prescriber certifies in a form specified by the board
that it is for the purpose of providing medical treatment to a
newborn or infant patient diagnosed as opioid dependent and the
prescriber has not been denied access to the database by the board.

(13)
On receipt of a request from the director of health, the board shall
provide to the director information from the database relating to the
duties of the director or the department of health in implementing
the Ohio violent death reporting system established under section
3701.93 of the Revised Code.

(14)
On receipt of a request from a requestor described in division
(A)(1), (2), (5), or (6) of this section who is from or participating
with another state's prescription monitoring program, the board may
provide to the requestor information from the database, but only if
there is a written agreement under which the information is to be
used and disseminated according to the laws of this state.

(15)
On receipt of a request from a delegate of a retail dispensary
licensed under Chapter 3796. of the Revised Code who is approved by
the board to serve as the dispensary's delegate, the board shall
provide to the delegate a report of information from the database
pertaining only to a patient's use of medical marijuana, if both of
the following conditions are met:

(a)
The delegate certifies in a form specified by the board that it is
for the purpose of dispensing medical marijuana for use in accordance
with Chapter 3796. of the Revised Code.

(b)
The retail dispensary or delegate has not been denied access to the
database by the board.

(16)
On receipt of a request from a judge of a program certified by the
Ohio supreme court as a specialized docket program for drugs, the
board shall provide to the judge, or an employee of the program who
is designated by the judge to receive the information, information
from the database that relates specifically to a current or
prospective program participant.

(17)
On receipt of a request from a coroner, deputy coroner, or coroner's
delegate approved by the board, the board shall provide to the
requestor information from the database relating to a deceased person
about whom the coroner is conducting or has conducted an autopsy or
investigation.

(18)
On receipt of a request from a prescriber, the board may provide to
the prescriber a summary of the prescriber's prescribing record if
such a record is created by the board. Information in the summary is
subject to the confidentiality requirements of this chapter.

(19)(a)
(19)

On receipt of a request from a pharmacy's responsible person

designated
under section 4729.54 of the Revised Code
,
the board may provide to the responsible person a summary of the
pharmacy's dispensing record if such a record is created by the
board. Information in the summary is subject to the confidentiality
requirements of this chapter.

(b)
As used in division (A)(19)(a) of this section, "responsible
person" has the same meaning as in rules adopted by the board
under section 4729.26 of the Revised Code.

(20)
The board may provide information from the database without request
to a prescriber or pharmacist who is authorized to use the database
pursuant to this chapter.

(21)(a)
On receipt of a request from a prescriber or pharmacist, or the
prescriber's or pharmacist's delegate, who is a designated
representative of a peer review committee, the board shall provide to
the committee information from the database relating to a prescriber
who is subject to the committee's evaluation, supervision, or
discipline if the information is to be used for one of those
purposes. The board shall provide only information that it
determines, in accordance with rules adopted under section 4729.84 of
the Revised Code, is appropriate to be provided to the committee.

(b)
As used in division (A)(21)(a) of this section, "peer review
committee" has the same meaning as in section 2305.25 of the
Revised Code, except that it includes only a peer review committee of
a hospital or a peer review committee of a nonprofit health care
corporation that is a member of the hospital or of which the hospital
is a member.

(22)
On receipt of a request from a requestor described in division (A)(5)
or (6) of this section who is from or participating with a
prescription monitoring program that is operated by a federal agency
and approved by the board, the board may provide to the requestor
information from the database, but only if there is a written
agreement under which the information is to be used and disseminated
according to the laws of this state.

(23)
Any personal health information submitted to the board pursuant to
section 4729.772 of the Revised Code may be provided by the board
only as authorized by the submitter of the information and in
accordance with rules adopted under section 4729.84 of the Revised
Code.

(24)
On receipt of a request from a person described in division (A)(5),
(6), or (17) of this section who is participating in a drug overdose
fatality review committee described in section 307.631 of the Revised
Code, the board may provide to the requestor information from the
database, but only if there is a written agreement under which the
information is to be used and disseminated according to the laws of
this state.

(25)
On receipt of a request from a person described in division (A)(5),
(6), or (17) of this section who is participating in a suicide
fatality review committee described in section 307.641 of the Revised
Code, the board may provide to the requestor information from the
database, but only if there is a written agreement under which the
information is to be used and disseminated according to the laws of
this state.

(26)
On receipt of a request from a designated representative of the
division of marijuana control in the department of commerce, the
board shall provide to the representative information from the
database relating to an individual who, or entity that, is the
subject of an active investigation being conducted by the division.

(B)
The state board of pharmacy shall maintain a record of each
individual or entity that requests information from the database
pursuant to this section. In accordance with rules adopted under
section 4729.84 of the Revised Code, the board may use the records to
document and report statistics and law enforcement outcomes.

The
board may provide records of an individual's requests for database
information only to the following:

(1)
A designated representative of a government entity that is
responsible for the licensure, regulation, or discipline of health
care professionals with authority to prescribe, administer, or
dispense drugs who is involved in an active criminal or disciplinary
investigation being conducted by the government entity of the
individual who submitted the requests for database information;

(2)
A federal officer, or a state or local officer of this or any other
state, whose duties include enforcing laws relating to drugs and who
is involved in an active investigation being conducted by the
officer's employing government entity of the individual who submitted
the requests for database information;

(3)
A designated representative of the department of medicaid regarding a
prescriber who is treating or has treated a recipient of a program
administered by the department and who submitted the requests for
database information.

(C)
Information contained in the database and any information obtained
from it is confidential and is not a public record. Information
contained in the records of requests for information from the
database is confidential and is not a public record. Information
contained in the database that does not identify a person, including
any licensee or registrant of the board or other entity, may be
released in summary, statistical, or aggregate form.

(D)
A pharmacist or prescriber shall not be held liable in damages to any
person in any civil action for injury, death, or loss to person or
property on the basis that the pharmacist or prescriber did or did
not seek or obtain information from the database.

Sec.
4729.901.
(A)
An applicant for registration under section 4729.90 of the Revised
Code shall file with the state board of pharmacy an application in
the form and manner prescribed in rules adopted under section 4729.94
of the Revised Code. The application shall be accompanied by an
application fee of
fifty

sixty-five

dollars,
which shall not be returned if the applicant fails to qualify for
registration.

(B)
If the board is satisfied that the applicant meets the requirements
of section 4729.90 of the Revised Code and any additional
requirements established by the board and determines that the results
of a criminal records check do not make the applicant ineligible, the
board shall register the applicant as a registered pharmacy
technician or certified pharmacy technician, as applicable.

(C)
The board shall register as a registered pharmacy technician or
certified pharmacy technician, as applicable, in accordance with
Chapter 4796. of the Revised Code an applicant if either of the
following applies:

(1)
The applicant holds a license or is registered in another state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a pharmacy technician in a state that does not issue that
license or registration.

(D)
Registration
under
division (B) or (C) of this section
as
a registered pharmacy technician or certified pharmacy technician
is
valid for
the

a
two-year period, unless a different
period

is

specified
by the board in rules adopted under section 4729.94 of the Revised
Code
.

The
period shall not exceed twenty-four months unless the board extends
the period in the rules
to

account
for initial registration,
adjust

license

registration

renewal
schedules
,
or to accommodate other matters the board considers appropriate
.

Sec.
4729.902.
(A)
A registered pharmacy technician or certified pharmacy technician
shall file an application for

biennial

registration renewal in the form and manner prescribed by the state
board of pharmacy in rules adopted under section 4729.94 of the
Revised Code. Registrations shall be renewed in accordance with the
rules and the standard renewal procedure set forth in Chapter 4745.
of the Revised Code. The
biennial

renewal
fee is
twenty-five

sixty-five

dollars

per
year
.

(B)(1)
A registered pharmacy technician or certified pharmacy technician who
fails to renew registration in accordance with division (A) of this
section is prohibited from engaging in the activities authorized by
section 4729.91 of the Revised Code.

(2)(a)
A registration that is not renewed by a date determined under
division (A) of this section but has not lapsed for more than ninety
days may be reinstated if the applicant does both of the following:

(i)
Submits a renewal application in a form prescribed by the board in
rules adopted under section 4729.94 of the Revised Code;

(ii)
Pays the renewal fee and a late fee of fifty dollars.

(b)
A registration that has lapsed for more than ninety days cannot be
renewed, but the registration holder may reapply for registration.

Sec.
4729.921.
(A)
An applicant for registration as a pharmacy technician trainee shall
file with the state board of pharmacy an application in the form and
manner prescribed in rules adopted under section 4729.94 of the
Revised Code. The application shall by accompanied by an application
fee of
twenty-five

forty

dollars,
which shall not be returned if the applicant fails to qualify for
registration.

If
the board is satisfied that an applicant meets the requirements of
section 4729.92 of the Revised Code and any additional requirements
established by the board and determines that the results of a
criminal records check do not make the applicant ineligible, the
board shall register the applicant as a pharmacy technician trainee.

(B)(1)
The board shall register as a pharmacy technician trainee in
accordance with Chapter 4796. of the Revised Code an applicant who
either holds a license or is registered in another state or has
satisfactory work experience, a government certification, or a
private certification as described in that chapter as a pharmacy
technician trainee in a state that does not issue that license or
registration.

(2)
The board may register as a pharmacy technician trainee an applicant
who is seventeen years of age if either of the following apply:

(a)
The applicant possesses a high school diploma or certificate of high
school equivalence;

(b)
The applicant does not possess a high school diploma or certificate
of high school equivalence but is enrolled in a career-technical
school program that is approved by the board and conducted by a city,
exempted village, local, or joint vocational school district.

(C)
The board shall not refuse to register an applicant as a pharmacy
technician trainee because of a conviction for an offense unless the
refusal is in accordance with section 9.79 of the Revised Code.

(D)
Registration is valid for
one
year
eighteen
months
from
the date of registration, except that the board may extend the time
period for which registration is valid. Registration is not
renewable, but an individual may reapply for registration if the
individual's previous registration has lapsed for more than five
years or the board grants its approval.

Sec.
4730.25.
(A)
The state medical board, by an affirmative vote of not fewer than six
members, may refuse to grant a license to practice as a physician
assistant to, or may revoke the license held by, an individual found
by the board to have committed fraud, misrepresentation, or deception
in applying for or securing the license.

(B)
Except as provided in division (N) of this section, the board, by an
affirmative vote of not fewer than six members, shall, to the extent
permitted by law, limit, revoke, or suspend an individual's license
to practice as a physician assistant or prescriber number, refuse to
issue a license to an applicant, refuse to renew a license, refuse to
reinstate a license, or reprimand or place on probation the holder of
a license for any of the following reasons:

(1)
Failure to practice in accordance with the supervising physician's
supervision agreement with the physician assistant, including, if
applicable, the policies of the health care facility in which the
supervising physician and physician assistant are practicing;

(2)
Failure to comply with the requirements of this chapter, Chapter
4731. of the Revised Code, or any rules adopted by the board;

(3)
Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter, Chapter 4731. of the Revised Code, or
the rules adopted by the board;

(4)
Inability to practice according to acceptable and prevailing
standards of care by reason of mental illness or physical illness,
including physical deterioration that adversely affects cognitive,
motor, or perceptive skills;

(5)
Impairment of ability to practice according to acceptable and
prevailing standards of care because of substance use disorder or
excessive use or abuse of drugs, alcohol, or other substances that
may impair ability to practice;

(6)
Administering drugs for purposes other than those authorized under
this chapter;

(7)
Willfully betraying a professional confidence;

(8)
Making a false, fraudulent, deceptive, or misleading statement in
soliciting or advertising for employment as a physician assistant; in
connection with any solicitation or advertisement for patients; in
relation to the practice of medicine as it pertains to physician
assistants; or in securing or attempting to secure a license to
practice as a physician assistant.

As
used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive because of
a failure to disclose material facts, is intended or is likely to
create false or unjustified expectations of favorable results, or
includes representations or implications that in reasonable
probability will cause an ordinarily prudent person to misunderstand
or be deceived.

(9)
Representing, with the purpose of obtaining compensation or other
advantage personally or for any other person, that an incurable
disease or injury, or other incurable condition, can be permanently
cured;

(10)
The obtaining of, or attempting to obtain, money or anything of value
by fraudulent misrepresentations in the course of practice;

(11)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
felony;

(12)
Commission of an act that constitutes a felony in this state,
regardless of the jurisdiction in which the act was committed;

(13)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor committed in the course of practice;

(14)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor involving moral turpitude;

(15)
Commission of an act in the course of practice that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(16)
Commission of an act involving moral turpitude that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(17)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for
violating any state or federal law regulating the possession,
distribution, or use of any drug, including trafficking in drugs;

(18)
Any of the following actions taken by the state agency responsible
for regulating the practice of physician assistants in another state,
for any reason other than the nonpayment of fees: the limitation,
revocation, or suspension of an individual's license to practice;
acceptance of an individual's license surrender; denial of a license;
refusal to renew or reinstate a license; imposition of probation; or
issuance of an order of censure or other reprimand;

(19)
A departure from, or failure to conform to, minimal standards of care
of similar physician assistants under the same or similar
circumstances, regardless of whether actual injury to a patient is
established;

(20)
Violation of the conditions placed by the board on a license to
practice as a physician assistant;

(21)
Failure to use universal blood and body fluid precautions established
by rules adopted under section 4731.051 of the Revised Code;

(22)
Failure to cooperate in an investigation conducted by the board under
section 4730.26 of the Revised Code, including failure to comply with
a subpoena or order issued by the board or failure to answer
truthfully a question presented by the board at a deposition or in
written interrogatories, except that failure to cooperate with an
investigation shall not constitute grounds for discipline under this
section if a court of competent jurisdiction has issued an order that
either quashes a subpoena or permits the individual to withhold the
testimony or evidence in issue;

(23)
Assisting suicide, as defined in section 3795.01 of the Revised Code;

(24)
Prescribing any drug or device to perform or induce an abortion, or
otherwise performing or inducing an abortion;

(25)
Failure to comply with section 4730.53 of the Revised Code, unless
the board no longer maintains a drug database pursuant to section
4729.75 of the Revised Code;

(26)
Failure to comply with the requirements in section 3719.061 of the
Revised Code before issuing for a minor a prescription for an opioid
analgesic, as defined in section 3719.01 of the Revised Code;

(27)
Having certification by the national commission on certification of
physician assistants or a successor organization expire, lapse, or be
suspended or revoked;

(28)
The revocation, suspension, restriction, reduction, or termination of
clinical privileges by the United States department of defense or
department of veterans affairs or the termination or suspension of a
certificate of registration to prescribe drugs by the drug
enforcement administration of the United States department of
justice;

(29)
Failure to comply with terms of a consult agreement entered into with
a pharmacist pursuant to section 4729.39 of the Revised Code;

(30)
Violation of section 4730.57 of the Revised Code.

(C)
Disciplinary actions taken by the board under divisions (A) and (B)
of this section shall be taken pursuant to an adjudication under
Chapter 119. of the Revised Code, except that in lieu of an
adjudication, the board may enter into a consent agreement with a
physician assistant or applicant to resolve an allegation of a
violation of this chapter or any rule adopted under it. A consent
agreement, when ratified by an affirmative vote of not fewer than six
members of the board, shall constitute the findings and order of the
board with respect to the matter addressed in the agreement. If the
board refuses to ratify a consent agreement, the admissions and
findings contained in the consent agreement shall be of no force or
effect.

(D)
For purposes of divisions (B)(12), (15), and (16) of this section,
the commission of the act may be established by a finding by the
board, pursuant to an adjudication under Chapter 119. of the Revised
Code, that the applicant or license holder committed the act in
question. The board shall have no jurisdiction under these divisions
in cases where the trial court renders a final judgment in the
license holder's favor and that judgment is based upon an
adjudication on the merits. The board shall have jurisdiction under
these divisions in cases where the trial court issues an order of
dismissal upon technical or procedural grounds.

(E)
The sealing or expungement of conviction records by any court shall
have no effect upon a prior board order entered under the provisions
of this section or upon the board's jurisdiction to take action under
the provisions of this section if, based upon a plea of guilty, a
judicial finding of guilt, or a judicial finding of eligibility for
intervention in lieu of conviction, the board issued a notice of
opportunity for a hearing prior to the court's order to seal or
expunge the records. The board shall not be required to seal,
destroy, redact, or otherwise modify its records to reflect the
court's sealing or expungement of conviction records.

(F)
For purposes of this division, any individual who holds a license
issued under this chapter, or applies for a license issued under this
chapter, shall be deemed to have given consent to submit to a mental
or physical examination when directed to do so in writing by the
board and to have waived all objections to the admissibility of
testimony or examination reports that constitute a privileged
communication.

(1)
In enforcing division (B)(4) of this section, the board, upon a
showing of a possible violation, shall refer any individual who
holds, or has applied for, a license issued under this chapter to the
monitoring organization that conducts the confidential monitoring
program established under section 4731.25 of the Revised Code. The
board also may compel the individual to submit to a mental
examination, physical examination, including an HIV test, or both a
mental and physical examination. The expense of the examination is
the responsibility of the individual compelled to be examined.
Failure to submit to a mental or physical examination or consent to
an HIV test ordered by the board constitutes an admission of the
allegations against the individual unless the failure is due to
circumstances beyond the individual's control, and a default and
final order may be entered without the taking of testimony or
presentation of evidence. If the board finds a physician assistant
unable to practice because of the reasons set forth in division
(B)(4) of this section, the board shall require the physician
assistant to submit to care, counseling, or treatment by physicians
approved or designated by the board, as a condition for an initial,
continued, reinstated, or renewed license. An individual affected
under this division shall be afforded an opportunity to demonstrate
to the board the ability to resume practicing in compliance with
acceptable and prevailing standards of care.

(2)
For purposes of division (B)(5) of this section, if the board has
reason to believe that any individual who holds a license issued
under this chapter or any applicant for a license suffers such
impairment, the board shall refer the individual to the monitoring
organization that conducts the confidential monitoring program
established under section 4731.25 of the Revised Code. The board also
may compel the individual to submit to a mental or physical
examination, or both. The expense of the examination is the
responsibility of the individual compelled to be examined. Any mental
or physical examination required under this division shall be
undertaken by a treatment provider or physician qualified to conduct
such examination and approved under section 4731.251 of the Revised
Code.

Failure
to submit to a mental or physical examination ordered by the board
constitutes an admission of the allegations against the individual
unless the failure is due to circumstances beyond the individual's
control, and a default and final order may be entered without the
taking of testimony or presentation of evidence. If the board
determines that the individual's ability to practice is impaired, the
board shall suspend the individual's license or deny the individual's
application and shall require the individual, as a condition for
initial, continued, reinstated, or renewed licensure, to submit to
treatment.

Before
being eligible to apply for reinstatement of a license suspended
under this division, the physician assistant shall demonstrate to the
board the ability to resume practice or prescribing in compliance
with acceptable and prevailing standards of care. The demonstration
shall include the following:

(a)
Certification from a treatment provider approved under section
4731.251 of the Revised Code that the individual has successfully
completed any required inpatient treatment;

(b)
Evidence of continuing full compliance with an aftercare contract or
consent agreement;

(c)
Two written reports indicating that the individual's ability to
practice has been assessed and that the individual has been found
capable of practicing according to acceptable and prevailing
standards of care. The reports shall be made by individuals or
providers approved by the board for making such assessments and shall
describe the basis for their determination.

The
board may reinstate a license suspended under this division after
such demonstration and after the individual has entered into a
written consent agreement.

When
the impaired physician assistant resumes practice or prescribing, the
board shall require continued monitoring of the physician assistant.
The monitoring shall include compliance with the written consent
agreement entered into before reinstatement or with conditions
imposed by board order after a hearing, and, upon termination of the
consent agreement, submission to the board for at least two years of
annual written progress reports made under penalty of falsification
stating whether the physician assistant has maintained sobriety.

(G)(1)
If either of the following circumstances occur, the secretary and
supervising member may recommend that the board suspend the
individual's license without a prior hearing:

(a)
The secretary and supervising member determine that there is clear
and convincing evidence that a physician assistant has violated
division (B) of this section and that the individual's continued
practice or prescribing presents a danger of immediate and serious
harm to the public.

(b)
The board receives verifiable information that a licensee has been
charged in any state or federal court with a crime classified as a
felony under the charging court's law and the conduct charged
constitutes a violation of division (B) of this section.

(2)
If a recommendation is made to suspend without a prior hearing
pursuant to division (G)(1) of this section, written allegations
shall be prepared for consideration by the board.

The
board, upon review of those allegations and by an affirmative vote of
not fewer than six of its members, excluding the secretary and
supervising member, may suspend a license without a prior hearing. A
telephone conference call may be utilized for reviewing the
allegations and taking the vote on the summary suspension.

The
board shall serve a written order of suspension in accordance with
sections 119.05 and 119.07 of the Revised Code.
The
order shall not be subject to suspension by the court during pendency
of any appeal filed under section 119.12 of the Revised Code.
If
the physician assistant requests an adjudicatory hearing by the
board, the date set for the hearing shall be within fifteen days, but
not earlier than seven days, after the physician assistant requests
the hearing, unless otherwise agreed to by both the board and the
license holder.

(3)
A summary suspension imposed under
this

division

(G)(2)
of this section is not a final appealable order and is not an
adjudication that may be appealed under section 119.12 of the Revised
Code. The summary suspension
shall
remain in effect
,
unless reversed on appeal,

until a final adjudicative order issued by the board pursuant to this
section and Chapter 119. of the Revised Code becomes effective
.
Once a final adjudicative order has been issued by the board, any
party adversely affected by it may file an appeal in accordance with
the requirements of Chapter 119. of the Revised Code
.

The

The

board
shall issue its final adjudicative order within seventy-five days
after completion of its hearing. Failure to issue the order within
seventy-five days shall result in dissolution of the summary
suspension order, but shall not invalidate any subsequent, final
adjudicative order.

(H)
If the board takes action under division (B)(11), (13), or (14) of
this section, and the judicial finding of guilt, guilty plea, or
judicial finding of eligibility for intervention in lieu of
conviction is overturned on appeal, upon exhaustion of the criminal
appeal, a petition for reconsideration of the order may be filed with
the board along with appropriate court documents. Upon receipt of a
petition and supporting court documents, the board shall reinstate
the individual's license. The board may then hold an adjudication
under Chapter 119. of the Revised Code to determine whether the
individual committed the act in question. Notice of opportunity for
hearing shall be given in accordance with Chapter 119. of the Revised
Code. If the board finds, pursuant to an adjudication held under this
division, that the individual committed the act, or if no hearing is
requested, it may order any of the sanctions identified under
division (B) of this section.

(I)
The license to practice issued to a physician assistant and the
physician assistant's practice in this state are automatically
suspended as of the date the physician assistant pleads guilty to, is
found by a judge or jury to be guilty of, or is subject to a judicial
finding of eligibility for intervention in lieu of conviction in this
state or treatment or intervention in lieu of conviction in another
state for any of the following criminal offenses in this state or a
substantially equivalent criminal offense in another jurisdiction:
aggravated murder, murder, voluntary manslaughter, felonious assault,
trafficking in persons, kidnapping, rape, sexual battery, gross
sexual imposition, aggravated arson, aggravated robbery, or
aggravated burglary. Continued practice after the suspension shall be
considered practicing without a license.

The
board shall notify the individual subject to the suspension in
accordance with sections 119.05 and 119.07 of the Revised Code. If an
individual whose license is suspended under this division fails to
make a timely request for an adjudication under Chapter 119. of the
Revised Code, the board shall enter a final order permanently
revoking the individual's license to practice.

(J)
In any instance in which the board is required by Chapter 119. of the
Revised Code to give notice of opportunity for hearing and the
individual subject to the notice does not timely request a hearing in
accordance with section 119.07 of the Revised Code, the board is not
required to hold a hearing, but may adopt, by an affirmative vote of
not fewer than six of its members, a final order that contains the
board's findings. In that final order, the board may order any of the
sanctions identified under division (A) or (B) of this section.

(K)
Any action taken by the board under division (B) of this section
resulting in a suspension shall be accompanied by a written statement
of the conditions under which the physician assistant's license may
be reinstated. The board shall adopt rules in accordance with Chapter
119. of the Revised Code governing conditions to be imposed for
reinstatement. Reinstatement of a license suspended pursuant to
division (B) of this section requires an affirmative vote of not
fewer than six members of the board.

(L)
When the board refuses to grant or issue to an applicant a license to
practice as a physician assistant, revokes an individual's license,
refuses to renew an individual's license, or refuses to reinstate an
individual's license, the board may specify that its action is
permanent. An individual subject to a permanent action taken by the
board is forever thereafter ineligible to hold the license and the
board shall not accept an application for reinstatement of the
license or for issuance of a new license.

(M)
Notwithstanding any other provision of the Revised Code, all of the
following apply:

(1)
The surrender of a license issued under this chapter is not effective
unless or until accepted by the board. Reinstatement of a license
surrendered to the board requires an affirmative vote of not fewer
than six members of the board.

(2)
An application made under this chapter for a license may not be
withdrawn without approval of the board.

(3)
Failure by an individual to renew a license in accordance with
section 4730.14 of the Revised Code does not remove or limit the
board's jurisdiction to take disciplinary action under this section
against the individual.

(4)
The placement of an individual's license on retired status, as
described in section 4730.141 of the Revised Code, does not remove or
limit the board's jurisdiction to take any disciplinary action
against the individual with regard to the license as it existed
before being placed on retired status.

(N)
The board shall not refuse to issue a license to an applicant because
of a conviction, plea of guilty, judicial finding of guilt, judicial
finding of eligibility for intervention in lieu of conviction, or the
commission of an act that constitutes a criminal offense, unless the
refusal is in accordance with section 9.79 of the Revised Code.

Sec.
4730.433.
(A)(1)
Subject to division (A)(2) of this section, and notwithstanding any
provision of this chapter or rule adopted by the state medical board,
a physician assistant who holds a license issued under this chapter
and a valid prescriber number issued by the state medical board and
has been granted physician-delegated prescriptive authority may do
either of the following without having examined an individual to whom
epinephrine may be administered:

(a)
Personally furnish a supply of epinephrine autoinjectors for use in
accordance with sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29, 3728.03 to 3728.05, and
5101.76

5180.26

of
the Revised Code;

(b)
Issue a prescription for epinephrine autoinjectors for use in
accordance with sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29, 3728.03 to 3728.05, and
5101.76

5180.26

of
the Revised Code.

(2)
An epinephrine autoinjector personally furnished or prescribed under
division (A)(1) of this section must be furnished or prescribed in
such a manner that it may be administered only in a manufactured
dosage form.

(B)
A physician assistant who acts in good faith in accordance with this
section is not liable for or subject to any of the following for any
action or omission of an entity to which an epinephrine autoinjector
is furnished or a prescription is issued: damages in any civil
action, prosecution in any criminal proceeding, or professional
disciplinary action.

Sec.
4730.437.
(A)(1)
Subject to division (A)(2) of this section and notwithstanding any
provision of this chapter or rule adopted by the state medical board,
a physician assistant who holds a valid prescriber number issued by
the board and has been granted physician-delegated prescriptive
authority may do either of the following without having examined an
individual to whom glucagon may be administered:

(a)
Personally furnish a supply of injectable or nasally administered
glucagon for use in accordance with section 3313.7115, 3313.7116,
3314.147, 3326.60, 3328.38, or
5101.78

5180.262

of
the Revised Code;

(b)
Issue a prescription for injectable or nasally administered glucagon
in accordance with section 3313.7115, 3313.7116, 3314.147, 3326.60,
3328.38, or
5101.78

5180.262

of
the Revised Code.

(2)
Injectable or nasally administered glucagon personally furnished or
prescribed under division (A)(1) of this section must be furnished or
prescribed in such a manner that it may be administered only in a
manufactured dosage form.

(B)
A physician assistant who acts in good faith in accordance with this
section is not liable for or subject to any of the following for any
action or omission of an entity to which injectable or nasally
administered glucagon is furnished or a prescription is issued:
damages in any civil action, prosecution in any criminal proceeding,
or professional disciplinary action.

Sec.
4730.99.
(A)
Whoever violates section 4730.02 of the Revised Code is guilty of a
misdemeanor of the first degree on a first offense; on each
subsequent offense, the person is guilty of a felony of the fourth
degree.

(B)(1)
Whoever violates division (B)(1), (C)(1), (C)(2), (D), or (E) of
section 4730.32 of the Revised Code is guilty of a minor misdemeanor
on a first offense; on each subsequent offense the person is guilty
of a misdemeanor of the fourth degree, except that an individual
guilty of a subsequent offense shall not be subject to imprisonment,
but to a fine alone of up to one thousand dollars for each offense.

(2)
Whoever violates division (B)(2) or (C)(3) of section 4730.32 of the
Revised Code is guilty of
failure
to report criminal conduct or sexual misconduct,
a
misdemeanor of the fourth degree
.
If the offender has previously been convicted of a violation of this
division, the failure to report

on
a first offense; on each subsequent offense, the person
is

guilty
of
a
misdemeanor of the first degree.

(C)
Whoever violates division (F) of section 4730.26 of the Revised Code
is guilty of
disclosing
confidential investigatory information,
a
misdemeanor of the first degree.

Sec.
4731.22.
(A)
The state medical board, by an affirmative vote of not fewer than six
of its members, may limit, revoke, or suspend a license or
certificate to practice or certificate to recommend, refuse to grant
a license or certificate, refuse to renew a license or certificate,
refuse to reinstate a license or certificate, or reprimand or place
on probation the holder of a license or certificate if the individual
applying for or holding the license or certificate is found by the
board to have committed fraud during the administration of the
examination for a license or certificate to practice or to have
committed fraud, misrepresentation, or deception in applying for,
renewing, or securing any license or certificate to practice or
certificate to recommend issued by the board.

(B)
Except as provided in division (P) of this section, the board, by an
affirmative vote of not fewer than six members, shall, to the extent
permitted by law, limit, revoke, or suspend a license or certificate
to practice or certificate to recommend, refuse to issue a license or
certificate, refuse to renew a license or certificate, refuse to
reinstate a license or certificate, or reprimand or place on
probation the holder of a license or certificate for one or more of
the following reasons:

(1)
Permitting one's name or one's license or certificate to practice to
be used by a person, group, or corporation when the individual
concerned is not actually directing the treatment given;

(2)
Failure to maintain minimal standards applicable to the selection or
administration of drugs, or failure to employ acceptable scientific
methods in the selection of drugs or other modalities for treatment
of disease;

(3)
Except as provided in section 4731.97 of the Revised Code, selling,
giving away, personally furnishing, prescribing, or administering
drugs for other than legal and legitimate therapeutic purposes or a
plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction of, a
violation of any federal or state law regulating the possession,
distribution, or use of any drug;

(4)
Willfully betraying a professional confidence.

For
purposes of this division, "willfully betraying a professional
confidence" does not include providing any information,
documents, or reports under sections 307.621 to 307.629 of the
Revised Code to a child fatality review board; does not include
providing any information, documents, or reports under sections
307.631 to 307.6410 of the Revised Code to a drug overdose fatality
review committee, a suicide fatality review committee, or hybrid drug
overdose fatality and suicide fatality review committee; does not
include providing any information, documents, or reports under
sections 307.651 to 307.659 of the Revised Code to a domestic
violence fatality review board; does not include providing any
information, documents, or reports to the director of health pursuant
to guidelines established under section 3701.70 of the Revised Code;
does not include written notice to a mental health professional under
section 4731.62 of the Revised Code; does not include making a report
as described in division (F) of section 2921.22 and section 4731.224
of the Revised Code; and does not include the making of a report of
an employee's use of a drug of abuse, or a report of a condition of
an employee other than one involving the use of a drug of abuse, to
the employer of the employee as described in division (B) of section
2305.33 of the Revised Code. Nothing in this division affects the
immunity from civil liability conferred by section 2305.33 or 4731.62
of the Revised Code upon a physician who makes a report in accordance
with section 2305.33 or notifies a mental health professional in
accordance with section 4731.62 of the Revised Code. As used in this
division, "employee," "employer," and "physician"
have the same meanings as in section 2305.33 of the Revised Code.

(5)
Making a false, fraudulent, deceptive, or misleading statement in the
solicitation of or advertising for patients; in relation to the
practice of medicine and surgery, osteopathic medicine and surgery,
podiatric medicine and surgery, or a limited branch of medicine; or
in securing or attempting to secure any license or certificate to
practice issued by the board.

As
used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive because of
a failure to disclose material facts, is intended or is likely to
create false or unjustified expectations of favorable results, or
includes representations or implications that in reasonable
probability will cause an ordinarily prudent person to misunderstand
or be deceived.

(6)
A departure from, or the failure to conform to, minimal standards of
care of similar practitioners under the same or similar
circumstances, whether or not actual injury to a patient is
established;

(7)
Representing, with the purpose of obtaining compensation or other
advantage as personal gain or for any other person, that an incurable
disease or injury, or other incurable condition, can be permanently
cured;

(8)
The obtaining of, or attempting to obtain, money or anything of value
by fraudulent misrepresentations in the course of practice;

(9)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
felony;

(10)
Commission of an act that constitutes a felony in this state,
regardless of the jurisdiction in which the act was committed;

(11)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor committed in the course of practice;

(12)
Commission of an act in the course of practice that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(13)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor involving moral turpitude;

(14)
Commission of an act involving moral turpitude that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(15)
Violation of the conditions of limitation placed by the board upon a
license or certificate to practice;

(16)
Failure to pay license renewal fees specified in this chapter;

(17)
Except as authorized in section 4731.31 of the Revised Code, engaging
in the division of fees for referral of patients, or the receiving of
a thing of value in return for a specific referral of a patient to
utilize a particular service or business;

(18)
Subject to section 4731.226 of the Revised Code, violation of any
provision of a code of ethics of the American medical association,
the American osteopathic association, the American podiatric medical
association, or any other national professional organizations that
the board specifies by rule. The state medical board shall obtain and
keep on file current copies of the codes of ethics of the various
national professional organizations. The individual whose license or
certificate is being suspended or revoked shall not be found to have
violated any provision of a code of ethics of an organization not
appropriate to the individual's profession.

For
purposes of this division, a "provision of a code of ethics of a
national professional organization" does not include any
provision that would preclude the making of a report by a physician
of an employee's use of a drug of abuse, or of a condition of an
employee other than one involving the use of a drug of abuse, to the
employer of the employee as described in division (B) of section
2305.33 of the Revised Code. Nothing in this division affects the
immunity from civil liability conferred by that section upon a
physician who makes either type of report in accordance with division
(B) of that section. As used in this division, "employee,"
"employer," and "physician" have the same
meanings as in section 2305.33 of the Revised Code.

(19)
Inability to practice according to acceptable and prevailing
standards of care by reason of mental illness or physical illness,
including, but not limited to, physical deterioration that adversely
affects cognitive, motor, or perceptive skills.

In
enforcing this division, the board, upon a showing of a possible
violation, shall refer any individual who is authorized to practice
by this chapter or who has submitted an application pursuant to this
chapter to the monitoring organization that conducts the confidential
monitoring program established under section 4731.25 of the Revised
Code. The board also may compel the individual to submit to a mental
examination, physical examination, including an HIV test, or both a
mental and a physical examination. The expense of the examination is
the responsibility of the individual compelled to be examined.
Failure to submit to a mental or physical examination or consent to
an HIV test ordered by the board constitutes an admission of the
allegations against the individual unless the failure is due to
circumstances beyond the individual's control, and a default and
final order may be entered without the taking of testimony or
presentation of evidence. If the board finds an individual unable to
practice because of the reasons set forth in this division, the board
shall require the individual to submit to care, counseling, or
treatment by physicians approved or designated by the board, as a
condition for initial, continued, reinstated, or renewed authority to
practice. An individual affected under this division shall be
afforded an opportunity to demonstrate to the board the ability to
resume practice in compliance with acceptable and prevailing
standards under the provisions of the individual's license or
certificate. For the purpose of this division, any individual who
applies for or receives a license or certificate to practice under
this chapter accepts the privilege of practicing in this state and,
by so doing, shall be deemed to have given consent to submit to a
mental or physical examination when directed to do so in writing by
the board, and to have waived all objections to the admissibility of
testimony or examination reports that constitute a privileged
communication.

(20)
Except as provided in division (F)(1)(b) of section 4731.282 of the
Revised Code or when civil penalties are imposed under section
4731.225 of the Revised Code, and subject to section 4731.226 of the
Revised Code, violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate, any provisions of this chapter or any rule
promulgated by the board.

This
division does not apply to a violation or attempted violation of,
assisting in or abetting the violation of, or a conspiracy to
violate, any provision of this chapter or any rule adopted by the
board that would preclude the making of a report by a physician of an
employee's use of a drug of abuse, or of a condition of an employee
other than one involving the use of a drug of abuse, to the employer
of the employee as described in division (B) of section 2305.33 of
the Revised Code. Nothing in this division affects the immunity from
civil liability conferred by that section upon a physician who makes
either type of report in accordance with division (B) of that
section. As used in this division, "employee," "employer,"
and "physician" have the same meanings as in section
2305.33 of the Revised Code.

(21)
The violation of section 3701.79 of the Revised Code or of any
abortion rule adopted by the director of health pursuant to section
3701.341 of the Revised Code;

(22)
Any of the following actions taken by an agency responsible for
authorizing, certifying, or regulating an individual to practice a
health care occupation or provide health care services in this state
or another jurisdiction, for any reason other than the nonpayment of
fees: the limitation, revocation, or suspension of an individual's
license to practice; acceptance of an individual's license surrender;
denial of a license; refusal to renew or reinstate a license;
imposition of probation; or issuance of an order of censure or other
reprimand;

(23)
The violation of section 2919.12 of the Revised Code or the
performance or inducement of an abortion upon a pregnant woman with
actual knowledge that the conditions specified in division (B) of
section 2317.56 of the Revised Code have not been satisfied or with a
heedless indifference as to whether those conditions have been
satisfied, unless an affirmative defense as specified in division
(H)(2) of that section would apply in a civil action authorized by
division (H)(1) of that section;

(24)
The revocation, suspension, restriction, reduction, or termination of
clinical privileges by the United States department of defense or
department of veterans affairs or the termination or suspension of a
certificate of registration to prescribe drugs by the drug
enforcement administration of the United States department of
justice;

(25)
Termination or suspension from participation in the medicare or
medicaid programs by the department of health and human services or
other responsible agency;

(26)
Impairment of ability to practice according to acceptable and
prevailing standards of care because of substance use disorder or
excessive use or abuse of drugs, alcohol, or other substances that
may impair ability to practice.

For
the purposes of this division, any individual authorized to practice
by this chapter accepts the privilege of practicing in this state
subject to supervision by the board. By filing an application for or
holding a license or certificate to practice under this chapter, an
individual shall be deemed to have given consent to submit to a
mental or physical examination when ordered to do so by the board in
writing, and to have waived all objections to the admissibility of
testimony or examination reports that constitute privileged
communications.

If
it has reason to believe that any individual authorized to practice
by this chapter or any applicant for licensure or certification to
practice suffers such impairment, the board shall refer the
individual to the monitoring organization that conducts the
confidential monitoring program established under section 4731.25 of
the Revised Code. The board also may compel the individual to submit
to a mental or physical examination, or both. The expense of the
examination is the responsibility of the individual compelled to be
examined. Any mental or physical examination required under this
division shall be undertaken by a treatment provider or physician who
is qualified to conduct the examination and who is approved under
section 4731.251 of the Revised Code.

Failure
to submit to a mental or physical examination ordered by the board
constitutes an admission of the allegations against the individual
unless the failure is due to circumstances beyond the individual's
control, and a default and final order may be entered without the
taking of testimony or presentation of evidence. If the board
determines that the individual's ability to practice is impaired, the
board shall suspend the individual's license or certificate or deny
the individual's application and shall require the individual, as a
condition for initial, continued, reinstated, or renewed licensure or
certification to practice, to submit to treatment.

Before
being eligible to apply for reinstatement of a license or certificate
suspended under this division, the impaired practitioner shall
demonstrate to the board the ability to resume practice in compliance
with acceptable and prevailing standards of care under the provisions
of the practitioner's license or certificate. The demonstration shall
include, but shall not be limited to, the following:

(a)
Certification from a treatment provider approved under section
4731.251 of the Revised Code that the individual has successfully
completed any required inpatient treatment;

(b)
Evidence of continuing full compliance with an aftercare contract or
consent agreement;

(c)
Two written reports indicating that the individual's ability to
practice has been assessed and that the individual has been found
capable of practicing according to acceptable and prevailing
standards of care. The reports shall be made by individuals or
providers approved by the board for making the assessments and shall
describe the basis for their determination.

The
board may reinstate a license or certificate suspended under this
division after that demonstration and after the individual has
entered into a written consent agreement.

When
the impaired practitioner resumes practice, the board shall require
continued monitoring of the individual. The monitoring shall include,
but not be limited to, compliance with the written consent agreement
entered into before reinstatement or with conditions imposed by board
order after a hearing, and, upon termination of the consent
agreement, submission to the board for at least two years of annual
written progress reports made under penalty of perjury stating
whether the individual has maintained sobriety.

(27)
A second or subsequent violation of section 4731.66 or 4731.69 of the
Revised Code;

(28)
Except as provided in division (N) of this section:

(a)
Waiving the payment of all or any part of a deductible or copayment
that a patient, pursuant to a health insurance or health care policy,
contract, or plan that covers the individual's services, otherwise
would be required to pay if the waiver is used as an enticement to a
patient or group of patients to receive health care services from
that individual;

(b)
Advertising that the individual will waive the payment of all or any
part of a deductible or copayment that a patient, pursuant to a
health insurance or health care policy, contract, or plan that covers
the individual's services, otherwise would be required to pay.

(29)
Failure to use universal blood and body fluid precautions established
by rules adopted under section 4731.051 of the Revised Code;

(30)
Failure to provide notice to, and receive acknowledgment of the
notice from, a patient when required by section 4731.143 of the
Revised Code prior to providing nonemergency professional services,
or failure to maintain that notice in the patient's medical record;

(31)
Failure of a physician supervising a physician assistant to maintain
supervision in accordance with the requirements of Chapter 4730. of
the Revised Code and the rules adopted under that chapter;

(32)
Failure of a physician or podiatrist to enter into a standard care
arrangement with a clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner with whom the
physician or podiatrist is in collaboration pursuant to section
4731.27 of the Revised Code or failure to fulfill the
responsibilities of collaboration after entering into a standard care
arrangement;

(33)
Failure to comply with the terms of a consult agreement entered into
with a pharmacist pursuant to section 4729.39 of the Revised Code;

(34)
Failure to cooperate in an investigation conducted by the board under
division (F) of this section, including failure to comply with a
subpoena or order issued by the board or failure to answer truthfully
a question presented by the board in an investigative interview, an
investigative office conference, at a deposition, or in written
interrogatories, except that failure to cooperate with an
investigation shall not constitute grounds for discipline under this
section if a court of competent jurisdiction has issued an order that
either quashes a subpoena or permits the individual to withhold the
testimony or evidence in issue;

(35)
Failure to supervise an anesthesiologist assistant in accordance with
Chapter 4760. of the Revised Code and the board's rules for
supervision of an anesthesiologist assistant;

(36)
Assisting suicide, as defined in section 3795.01 of the Revised Code;

(37)
Failure to comply with the requirements of section 2317.561 of the
Revised Code;

(38)
Failure to supervise a radiologist assistant in accordance with
Chapter 4774. of the Revised Code and the board's rules for
supervision of radiologist assistants;

(39)
Performing or inducing an abortion at an office or facility with
knowledge that the office or facility fails to post the notice
required under section 3701.791 of the Revised Code;

(40)
Failure to comply with the standards and procedures established in
rules under section 4731.054 of the Revised Code for the operation of
or the provision of care at a pain management clinic;

(41)
Failure to comply with the standards and procedures established in
rules under section 4731.054 of the Revised Code for providing
supervision, direction, and control of individuals at a pain
management clinic;

(42)
Failure to comply with the requirements of section 4729.79 or
4731.055 of the Revised Code, unless the state board of pharmacy no
longer maintains a drug database pursuant to section 4729.75 of the
Revised Code;

(43)
Failure to comply with the requirements of section 2919.171,
2919.202, or 2919.203 of the Revised Code or failure to submit to the
department of health in accordance with a court order a complete
report as described in section 2919.171 or 2919.202 of the Revised
Code;

(44)
Practicing at a facility that is subject to licensure as a category
III terminal distributor of dangerous drugs with a pain management
clinic classification unless the person operating the facility has
obtained and maintains the license with the classification;

(45)
Owning a facility that is subject to licensure as a category III
terminal distributor of dangerous drugs with a pain management clinic
classification unless the facility is licensed with the
classification;

(46)
Failure to comply with any of the requirements regarding making or
maintaining medical records or documents described in division (A) of
section 2919.192, division (C) of section 2919.193, division (B) of
section 2919.195, or division (A) of section 2919.196 of the Revised
Code;

(47)
Failure to comply with the requirements in section 3719.061 of the
Revised Code before issuing for a minor a prescription for an opioid
analgesic, as defined in section 3719.01 of the Revised Code;

(48)
Failure to comply with the requirements of section 4731.30 of the
Revised Code or rules adopted under section 4731.301 of the Revised
Code when recommending treatment with medical marijuana;

(49)
A pattern of continuous or repeated violations of division (E)(2) or
(3) of section 3963.02 of the Revised Code;

(50)
Failure to fulfill the responsibilities of a collaboration agreement
entered into with an athletic trainer as described in section
4755.621 of the Revised Code;

(51)
Failure to take the steps specified in section 4731.911 of the
Revised Code following an abortion or attempted abortion in an
ambulatory surgical facility or other location that is not a hospital
when a child is born alive;

(52)
Violation of section 4731.77 of the Revised Code;

(53)
Failure of a physician supervising a certified mental health
assistant to maintain supervision in accordance with the requirements
of Chapter 4772. of the Revised Code and the rules adopted under that
chapter
;

(54)
Failure to comply with the requirements of section 3705.16 of the
Revised Code when certifying a decedent's cause of death and
completing and signing the medical certificate of death
.

(C)
Disciplinary actions taken by the board under divisions (A) and (B)
of this section shall be taken pursuant to an adjudication under
Chapter 119. of the Revised Code, except that in lieu of an
adjudication, the board may enter into a consent agreement with an
individual to resolve an allegation of a violation of this chapter or
any rule adopted under it. A consent agreement, when ratified by an
affirmative vote of not fewer than six members of the board, shall
constitute the findings and order of the board with respect to the
matter addressed in the agreement. If the board refuses to ratify a
consent agreement, the admissions and findings contained in the
consent agreement shall be of no force or effect.

A
telephone conference call may be utilized for ratification of a
consent agreement that revokes or suspends an individual's license or
certificate to practice or certificate to recommend. The telephone
conference call shall be considered a special meeting under division
(F) of section 121.22 of the Revised Code.

If
the board takes disciplinary action against an individual under
division (B) of this section for a second or subsequent plea of
guilty to, or judicial finding of guilt of, a violation of section
2919.123 or 2919.124 of the Revised Code, the disciplinary action
shall consist of a suspension of the individual's license or
certificate to practice for a period of at least one year or, if
determined appropriate by the board, a more serious sanction
involving the individual's license or certificate to practice. Any
consent agreement entered into under this division with an individual
that pertains to a second or subsequent plea of guilty to, or
judicial finding of guilt of, a violation of that section shall
provide for a suspension of the individual's license or certificate
to practice for a period of at least one year or, if determined
appropriate by the board, a more serious sanction involving the
individual's license or certificate to practice.

(D)
For purposes of divisions (B)(10), (12), and (14) of this section,
the commission of the act may be established by a finding by the
board, pursuant to an adjudication under Chapter 119. of the Revised
Code, that the individual committed the act. The board does not have
jurisdiction under those divisions if the trial court renders a final
judgment in the individual's favor and that judgment is based upon an
adjudication on the merits. The board has jurisdiction under those
divisions if the trial court issues an order of dismissal upon
technical or procedural grounds.

(E)
The sealing or expungement of conviction records by any court shall
have no effect upon a prior board order entered under this section or
upon the board's jurisdiction to take action under this section if,
based upon a plea of guilty, a judicial finding of guilt, or a
judicial finding of eligibility for intervention in lieu of
conviction, the board issued a notice of opportunity for a hearing
prior to the court's order to seal or expunge the records. The board
shall not be required to seal, expunge, destroy, redact, or otherwise
modify its records to reflect the court's sealing of conviction
records.

(F)(1)
The board shall investigate evidence that appears to show that a
person has violated any provision of this chapter or any rule adopted
under it. Any person may report to the board in a signed writing any
information that the person may have that appears to show a violation
of any provision of this chapter or any rule adopted under it. In the
absence of bad faith, any person who reports information of that
nature or who testifies before the board in any adjudication
conducted under Chapter 119. of the Revised Code shall not be liable
in damages in a civil action as a result of the report or testimony.
Each complaint or allegation of a violation received by the board
shall be assigned a case number and shall be recorded by the board.

(2)
Investigations of alleged violations of this chapter or any rule
adopted under it shall be supervised by the supervising member
elected by the board in accordance with section 4731.02 of the
Revised Code and by the secretary as provided in section 4731.39 of
the Revised Code. The president may designate another member of the
board to supervise the investigation in place of the supervising
member. Upon a vote of the majority of the board to authorize the
addition of a consumer member in the supervision of any part of any
investigation, the president shall designate a consumer member for
supervision of investigations as determined by the president. The
authorization of consumer member participation in investigation
supervision may be rescinded by a majority vote of the board. No
member of the board who supervises the investigation of a case shall
participate in further adjudication of the case.

(3)
In investigating a possible violation of this chapter or any rule
adopted under this chapter, or in conducting an inspection under
division (E) of section 4731.054 of the Revised Code, the board may
question witnesses, conduct interviews, administer oaths, order the
taking of depositions, inspect and copy any books, accounts, papers,
records, or documents, issue subpoenas, and compel the attendance of
witnesses and production of books, accounts, papers, records,
documents, and testimony, except that a subpoena for patient record
information shall not be issued without consultation with the
attorney general's office and approval of the secretary of the board.

(a)
Before issuance of a subpoena for patient record information, the
secretary shall determine whether there is probable cause to believe
that the complaint filed alleges a violation of this chapter or any
rule adopted under it and that the records sought are relevant to the
alleged violation and material to the investigation. The subpoena may
apply only to records that cover a reasonable period of time
surrounding the alleged violation.

(b)
On failure to comply with any subpoena issued by the board and after
reasonable notice to the person being subpoenaed, the board may move
for an order compelling the production of persons or records pursuant
to the Rules of Civil Procedure.

(c)
A subpoena issued by the board may be served by a sheriff, the
sheriff's deputy, or a board employee or agent designated by the
board. Service of a subpoena issued by the board may be made by
delivering a copy of the subpoena to the person named therein,
reading it to the person, or leaving it at the person's usual place
of residence, usual place of business, or address on file with the
board. When serving a subpoena to an applicant for or the holder of a
license or certificate issued under this chapter, service of the
subpoena may be made by certified mail, return receipt requested, and
the subpoena shall be deemed served on the date delivery is made or
the date the person refuses to accept delivery. If the person being
served refuses to accept the subpoena or is not located, service may
be made to an attorney who notifies the board that the attorney is
representing the person.

(d)
A sheriff's deputy who serves a subpoena shall receive the same fees
as a sheriff. Each witness who appears before the board in obedience
to a subpoena shall receive the fees and mileage provided for under
section 119.094 of the Revised Code.

(4)
All hearings, investigations, and inspections of the board shall be
considered civil actions for the purposes of section 2305.252 of the
Revised Code.

(5)
A report required to be submitted to the board under this chapter, a
complaint, or information received by the board pursuant to an
investigation or pursuant to an inspection under division (E) of
section 4731.054 of the Revised Code is confidential and not subject
to discovery in any civil action.

The
board shall conduct all investigations or inspections and proceedings
in a manner that protects the confidentiality of patients and persons
who file complaints with the board. The board shall not make public
the names or any other identifying information about patients or
complainants unless proper consent is given or, in the case of a
patient, a waiver of the patient privilege exists under division (B)
of section 2317.02 of the Revised Code, except that consent or a
waiver of that nature is not required if the board possesses reliable
and substantial evidence that no bona fide physician-patient
relationship exists.

The
board may share any information it receives pursuant to an
investigation or inspection, including patient records and patient
record information, with law enforcement agencies, other licensing
boards, and other governmental agencies that are prosecuting,
adjudicating, or investigating alleged violations of statutes or
administrative rules. An agency or board that receives the
information shall comply with the same requirements regarding
confidentiality as those with which the state medical board must
comply, notwithstanding any conflicting provision of the Revised Code
or procedure of the agency or board that applies when it is dealing
with other information in its possession. In a judicial proceeding,
the information may be admitted into evidence only in accordance with
the Rules of Evidence, but the court shall require that appropriate
measures are taken to ensure that confidentiality is maintained with
respect to any part of the information that contains names or other
identifying information about patients or complainants whose
confidentiality was protected by the state medical board when the
information was in the board's possession. Measures to ensure
confidentiality that may be taken by the court include sealing its
records or deleting specific information from its records.

No
person shall knowingly access, use, or disclose confidential
investigatory information in a manner prohibited by law.

(6)
On a quarterly basis, the board shall prepare a report that documents
the disposition of all cases during the preceding three months. The
report shall contain the following information for each case with
which the board has completed its activities:

(a)
The case number assigned to the complaint or alleged violation;

(b)
The type of license or certificate to practice, if any, held by the
individual against whom the complaint is directed;

(c)
A description of the allegations contained in the complaint;

(d)
Whether witnesses were interviewed;

(e)
Whether the individual against whom the complaint is directed is the
subject of any pending complaints;

(f)
The disposition of the case.

The
report shall state how many cases are still pending and shall be
prepared in a manner that protects the identity of each person
involved in each case. The report shall be a public record under
section 149.43 of the Revised Code.

(7)
The board may provide a status update regarding an investigation to a
complainant on request if the board verifies the complainant's
identity.

(G)(1)
If either of the following circumstances occur, the secretary and
supervising member may recommend that the board suspend an
individual's license or certificate to practice or certificate to
recommend without a prior hearing:

(a)
The secretary and supervising member determine both of the following:

(i)
That there is clear and convincing evidence that an individual has
violated division (B) of this section;

(ii)
That the individual's continued practice presents a danger of
immediate and serious harm to the public.

(b)
The board receives verifiable information that a licensee has been
charged in any state or federal court with a crime classified as a
felony under the charging court's law and the conduct constitutes a
violation of division (B) of this section.

(2)
If a recommendation is made to suspend without a prior hearing
pursuant to division (G)(1) of this section, written allegations
shall be prepared for consideration by the board. The board, upon
review of those allegations and by an affirmative vote of not fewer
than six of its members, excluding the secretary and supervising
member, may suspend a license or certificate without a prior hearing.
A telephone conference call may be utilized for reviewing the
allegations and taking the vote on the summary suspension.

The
board shall serve a written order of suspension in accordance with
sections 119.05 and 119.07 of the Revised Code.
The
order shall not be subject to suspension by the court during pendency
of any appeal filed under section 119.12 of the Revised Code.
If
the individual subject to the summary suspension requests an
adjudicatory hearing by the board, the date set for the hearing shall
be within fifteen days, but not earlier than seven days, after the
individual requests the hearing, unless otherwise agreed to by both
the board and the individual.

(3)
Any summary suspension imposed under
this

division

(G)(2)
of this section is not a final appealable order and is not an
adjudication that may be appealed under section 119.12 of the Revised
Code. The summary suspension

shall remain in effect
,
unless reversed on appeal,

until a final adjudicative order issued by the board pursuant to this
section and Chapter 119. of the Revised Code becomes effective
.
Once a final adjudicative order has been issued by the board, any
party adversely affected by it may file an appeal in accordance with
the requirements of Chapter 119. of the Revised Code
.

The

The

board
shall issue its final adjudicative order within seventy-five days
after completion of its hearing. A failure to issue the order within
seventy-five days shall result in dissolution of the summary
suspension order but shall not invalidate any subsequent, final
adjudicative order.

(H)
If the board takes action under division (B)(9), (11), or (13) of
this section and the judicial finding of guilt, guilty plea, or
judicial finding of eligibility for intervention in lieu of
conviction is overturned on appeal, upon exhaustion of the criminal
appeal, a petition for reconsideration of the order may be filed with
the board along with appropriate court documents. Upon receipt of a
petition of that nature and supporting court documents, the board
shall reinstate the individual's license or certificate to practice.
The board may then hold an adjudication under Chapter 119. of the
Revised Code to determine whether the individual committed the act in
question. Notice of an opportunity for a hearing shall be given in
accordance with Chapter 119. of the Revised Code. If the board finds,
pursuant to an adjudication held under this division, that the
individual committed the act or if no hearing is requested, the board
may order any of the sanctions identified under division (B) of this
section.

(I)
The license or certificate to practice issued to an individual under
this chapter and the individual's practice in this state are
automatically suspended as of the date of the individual's second or
subsequent plea of guilty to, or judicial finding of guilt of, a
violation of section 2919.123 or 2919.124 of the Revised Code. In
addition, the license or certificate to practice or certificate to
recommend issued to an individual under this chapter and the
individual's practice in this state are automatically suspended as of
the date the individual pleads guilty to, is found by a judge or jury
to be guilty of, or is subject to a judicial finding of eligibility
for intervention in lieu of conviction in this state or treatment or
intervention in lieu of conviction in another jurisdiction for any of
the following criminal offenses in this state or a substantially
equivalent criminal offense in another jurisdiction: aggravated
murder, murder, voluntary manslaughter, felonious assault,
trafficking in persons, kidnapping, rape, sexual battery, gross
sexual imposition, aggravated arson, aggravated robbery, or
aggravated burglary. Continued practice after suspension shall be
considered practicing without a license or certificate.

The
board shall notify the individual subject to the suspension in
accordance with sections 119.05 and 119.07 of the Revised Code. If an
individual whose license or certificate is automatically suspended
under this division fails to make a timely request for an
adjudication under Chapter 119. of the Revised Code, the board shall
do whichever of the following is applicable:

(1)
If the automatic suspension under this division is for a second or
subsequent plea of guilty to, or judicial finding of guilt of, a
violation of section 2919.123 or 2919.124 of the Revised Code, the
board shall enter an order suspending the individual's license or
certificate to practice for a period of at least one year or, if
determined appropriate by the board, imposing a more serious sanction
involving the individual's license or certificate to practice.

(2)
In all circumstances in which division (I)(1) of this section does
not apply, enter a final order permanently revoking the individual's
license or certificate to practice.

(J)
If the board is required by Chapter 119. of the Revised Code to give
notice of an opportunity for a hearing and if the individual subject
to the notice does not timely request a hearing in accordance with
section 119.07 of the Revised Code, the board is not required to hold
a hearing, but may adopt, by an affirmative vote of not fewer than
six of its members, a final order that contains the board's findings.
In that final order, the board may order any of the sanctions
identified under division (A) or (B) of this section.

(K)
Any action taken by the board under division (B) of this section
resulting in a suspension from practice shall be accompanied by a
written statement of the conditions under which the individual's
license or certificate to practice may be reinstated. The board shall
adopt rules governing conditions to be imposed for reinstatement.
Reinstatement of a license or certificate suspended pursuant to
division (B) of this section requires an affirmative vote of not
fewer than six members of the board.

(L)
When the board refuses to grant or issue a license or certificate to
practice to an applicant, revokes an individual's license or
certificate to practice, refuses to renew an individual's license or
certificate to practice, or refuses to reinstate an individual's
license or certificate to practice, the board may specify that its
action is permanent. An individual subject to a permanent action
taken by the board is forever thereafter ineligible to hold a license
or certificate to practice and the board shall not accept an
application for reinstatement of the license or certificate or for
issuance of a new license or certificate.

(M)
Notwithstanding any other provision of the Revised Code, all of the
following apply:

(1)
The surrender of a license or certificate issued under this chapter
shall not be effective unless or until accepted by the board. A
telephone conference call may be utilized for acceptance of the
surrender of an individual's license or certificate to practice. The
telephone conference call shall be considered a special meeting under
division (F) of section 121.22 of the Revised Code. Reinstatement of
a license or certificate surrendered to the board requires an
affirmative vote of not fewer than six members of the board.

(2)
An application for a license or certificate made under the provisions
of this chapter may not be withdrawn without approval of the board.

(3)
Failure by an individual to renew a license or certificate to
practice in accordance with this chapter or a certificate to
recommend in accordance with rules adopted under section 4731.301 of
the Revised Code does not remove or limit the board's jurisdiction to
take any disciplinary action under this section against the
individual.

(4)
The placement of an individual's license on retired status, as
described in section 4731.283 of the Revised Code, does not remove or
limit the board's jurisdiction to take any disciplinary action
against the individual with regard to the license as it existed
before being placed on retired status.

(5)
At the request of the board, a license or certificate holder shall
immediately surrender to the board a license or certificate that the
board has suspended, revoked, or permanently revoked.

(N)
Sanctions shall not be imposed under division (B)(28) of this section
against any person who waives deductibles and copayments as follows:

(1)
In compliance with the health benefit plan that expressly allows such
a practice. Waiver of the deductibles or copayments shall be made
only with the full knowledge and consent of the plan purchaser,
payer, and third-party administrator. Documentation of the consent
shall be made available to the board upon request.

(2)
For professional services rendered to any other person authorized to
practice pursuant to this chapter, to the extent allowed by this
chapter and rules adopted by the board.

(O)
Under the board's investigative duties described in this section and
subject to division (F) of this section, the board shall develop and
implement a quality intervention program designed to improve through
remedial education the clinical and communication skills of
individuals authorized under this chapter to practice medicine and
surgery, osteopathic medicine and surgery, and podiatric medicine and
surgery. In developing and implementing the quality intervention
program, the board may do all of the following:

(1)
Offer in appropriate cases as determined by the board an educational
and assessment program pursuant to an investigation the board
conducts under this section;

(2)
Select providers of educational and assessment services, including a
quality intervention program panel of case reviewers;

(3)
Make referrals to educational and assessment service providers and
approve individual educational programs recommended by those
providers. The board shall monitor the progress of each individual
undertaking a recommended individual educational program.

(4)
Determine what constitutes successful completion of an individual
educational program and require further monitoring of the individual
who completed the program or other action that the board determines
to be appropriate;

(5)
Adopt rules in accordance with Chapter 119. of the Revised Code to
further implement the quality intervention program.

An
individual who participates in an individual educational program
pursuant to this division shall pay the financial obligations arising
from that educational program.

(P)
The board shall not refuse to issue a license to an applicant because
of a conviction, plea of guilty, judicial finding of guilt, judicial
finding of eligibility for intervention in lieu of conviction, or the
commission of an act that constitutes a criminal offense, unless the
refusal is in accordance with section 9.79 of the Revised Code.

(Q)
A license or certificate to practice or certificate to recommend
issued to an individual under this chapter and an individual's
practice under this chapter in this state are automatically suspended
if the individual's license or certificate to practice a health care
occupation or provide health care services is suspended, revoked, or
surrendered or relinquished in lieu of discipline by an agency
responsible for authorizing, certifying, or regulating an individual
to practice a health care occupation or provide health care services
in this state or another jurisdiction. The automatic suspension
begins immediately upon entry of the order by the agency and lasts
for ninety days to permit the board to investigate the basis for the
action under this chapter. Continued practice during the automatic
suspension shall be considered practicing without a license or
certificate.

The
board shall notify the individual subject to the automatic suspension
by certified mail or in person in accordance with section 119.07 of
the Revised Code. If an individual subject to an automatic suspension
under this division fails to make a timely request for an
adjudication under Chapter 119. of the Revised Code, the board is not
required to hold a hearing, but may adopt, by an affirmative vote of
not fewer than six of its members, a final order that contains the
board's findings. In that final order, the board may order any of the
sanctions identified under division (A) or (B) of this section.

Sec.
4731.2210.
(A)
As used in this section:

(1)
"Key third party" means an individual closely involved in a
patient's decision-making regarding health care services, including a
patient's spouse or partner, parents, children, siblings, or
guardians. An individual's status as a key third party ceases upon
termination of a practitioner-patient relationship or termination of
the relationship between a patient and the individual.

(2)
"Practitioner" means any of the following:

(a)
An individual authorized under this chapter to practice medicine and
surgery, osteopathic medicine and surgery, podiatric medicine and
surgery, or a limited branch of medicine;

(b)
An individual licensed under Chapter 4730. of the Revised Code to
practice as a physician assistant;

(c)
An individual authorized under Chapter 4759. of the Revised Code to
practice as a dietitian;

(d)
An individual authorized under Chapter 4760. of the Revised Code to
practice as an anesthesiologist assistant;

(e)
An individual authorized under Chapter 4761. of the Revised Code to
practice respiratory care;

(f)
An individual authorized under Chapter 4762. of the Revised Code to
practice as an acupuncturist

or
oriental medicine practitioner
;

(g)

An
individual authorized under Chapter 4772. of the Revised Code to
practice as a certified mental health assistant;

(h)

An
individual authorized under Chapter 4774. of the Revised Code to
practice as a radiologist assistant;

(h)
(i)

An individual licensed under Chapter 4778. of the Revised Code to
practice as a genetic counselor.

(3)
"Sexual misconduct" has the same meaning as in section
4731.224 of the Revised Code.

(B)
Except as provided in division (D) of this section, the state medical
board may require a practitioner that is subject to a probationary
order of the board
that
is made on or after the effective date of this section, and
that
involves a circumstance described in division (C) of this section, to
provide to each patient, or to the patient's guardian or a key third
party, a written disclosure signed by the practitioner that includes
all of the following:

(1)
The practitioner's probation status;

(2)
The total length of the probation;

(3)
The probation end date;

(4)
Practice restrictions placed on the practitioner by the board;

(5)
The board's telephone number;

(6)
An explanation of how the patient can find additional information
regarding the probation on the practitioner's profile page on the
board's internet web site.

The
written disclosure, if required by the board, shall be provided
before the patient's first visit following the probationary order of
the board. The practitioner shall obtain a copy of the disclosure
signed by the patient, or the patient's guardian or a key third
party, and maintain the signed copy in the patient's medical record.
The signed copy shall be made available to the board immediately upon
request.

(C)
The written disclosure described in division (B) of this section
applies in both of the following circumstances:

(1)
Issuance by the board of a final order, final adjudicative order
under Chapter 119. of the Revised Code, or a consent agreement that
is ratified by an affirmative vote of not fewer than six members of
the board establishing any of the following:

(a)
Commission of any act of sexual misconduct with a patient or key
third party;

(b)
Drug or alcohol abuse directly resulting in patient harm, or that
impairs the ability of the practitioner to practice safely;

(c)
Criminal conviction directly resulting in harm to patient health;

(d)
Inappropriate prescribing directly resulting in patient harm.

(2)
A statement of issues alleged that the practitioner committed any of
the acts described in divisions (C)(1)(a) through (d) and,
notwithstanding a lack of admission of guilt, a consent agreement
ratified by an affirmative vote of not fewer than six members of the
board includes express acknowledgement that the disclosure
requirements of this section would serve to protect the public
interest.

(D)
Written disclosure as described in this section is not required in
the following circumstances:

(1)
The patient is unconscious or otherwise unable to comprehend the
disclosure and sign it, and a guardian or a key third party is
unavailable to comprehend and sign it;

(2)
The direct patient interaction occurs in an emergency department or
otherwise occurs as an immediate result of a medical emergency;

(3)
The practitioner does not have a direct treatment relationship with
the patient and does not have direct contact or direct communication
with the patient.

(E)
The board shall provide the following information regarding
practitioners on probation and those practicing under probationary
status, in plain view on a practitioner's profile page on the board's
internet web site:

(1)
Formal action documents detailing the citation, reports and
recommendations, board order, and consent agreement;

(2)
The length of the probation and the end date;

(3)
Practice restrictions placed on the practitioner by the board.

(F)
The board shall provide a sample probation disclosure letter on its
internet web site to be used by practitioners to comply with this
section.

Sec.
4731.256.
(A)
In addition to all other powers and duties conferred on the
monitoring organization under contract with the state medical board
pursuant to section 4731.25 of the Revised Code, the board shall
require the monitoring organization to implement this section as a
condition of entering into and maintaining the contract.

(B)
Not later than thirty days after the effective date of this section,
the monitoring organization, in collaboration with the Ohio state
medical association and Ohio hospital association, shall create a
foundation to be operated for the sole purpose of supporting programs
approved under the criteria established by sections 4731.25 to
4731.254 of the Revised Code and any rules adopted under section
4731.255 of the Revised Code. Once the foundation is created, the
monitoring organization shall notify the treasurer of state.

As
part of organizing the foundation's operations, the monitoring
organization, in collaboration with the other creating entities,
shall establish a three-member governing board. The members shall
consist of one individual appointed by the chief executive officer of
the monitoring organization, one individual appointed by the chief
executive officer of Ohio state medical association, and one
individual appointed by the chief executive officer of the Ohio
hospital association. Any vacancy in the membership shall be filled
in the same manner as the original appointment.

The
foundation's governing board shall hold at least one meeting each
year to approve an annual plan for the disbursement of funds held by
the foundation. In determining the amount to be disbursed, the
governing board shall consider factors related to the cost of
providing monitoring services, the revenue generated from
participants who receive services from the monitoring organization,
and the extent to which the monitoring organization's services are
being used, particularly by individuals who are applicants and
practitioners, as those terms are defined in section 4731.25 of the
Revised Code.

The
determination of the amount to be disbursed under this section is
solely a power and duty of the foundation's governing board.

Sec.
4731.92.
(A)
As used in this section, "physician" means an individual
authorized under this chapter to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and surgery.

(B)(1)
Subject to division (B)(2) of this section, and notwithstanding any
provision of this chapter or rule adopted by the state medical board,
a physician may do either of the following without having examined an
individual to whom glucagon may be administered:

(a)
Personally furnish a supply of injectable or nasally administered
glucagon for use in accordance with section 3313.7115, 3313.7116,
3314.147, 3326.60, 3328.38, or
5101.78

5180.262

of

the

Revised
Code;

(b)
Issue a prescription for injectable or nasally administered glucagon
for use in accordance with section 3313.7115, 3313.7116, 3314.147,
3326.60, 3328.38, or
5101.78

5180.262

of
the Revised Code.

(2)
Injectable or nasally administered glucagon personally furnished or
prescribed under division (B)(1) of this section must be furnished or
prescribed in such a manner that it may be administered only in a
manufactured dosage form.

(C)
A physician who acts in good faith in accordance with this section is
not liable for or subject to any of the following for any action or
omission of an entity to which injectable or nasally administered
glucagon is furnished or a prescription is issued: damages in any
civil action, prosecution in any criminal proceeding, or professional
disciplinary action.

Sec.
4731.96.
(A)
As used in this section and section 4731.961 of the Revised Code,
"physician" means an individual authorized under this
chapter to practice medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery.

(B)(1)
Subject to division (B)(2) of this section, and notwithstanding any
provision of this chapter or rule adopted by the state medical board,
a physician may do either of the following without having examined an
individual to whom epinephrine may be administered:

(a)
Personally furnish a supply of epinephrine autoinjectors for use in
accordance with sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29, 3728.03 to 3728.05, and
5101.76

5180.26

of
the Revised Code;

(b)
Issue a prescription for epinephrine autoinjectors for use in
accordance with sections 3313.7110, 3313.7111, 3314.143, 3326.28,
3328.29, 3728.03 to 3728.05, and
5101.76

5180.26

of
the Revised Code.

(2)
An epinephrine autoinjector personally furnished or prescribed under
division (B)(1) of this section must be furnished or prescribed in
such a manner that it may be administered only in a manufactured
dosage form.

(C)
A physician who acts in good faith in accordance with this section is
not liable for or subject to any of the following for any action or
omission of an entity to which an epinephrine autoinjector is
furnished or a prescription is issued: damages in any civil action,
prosecution in any criminal proceeding, or professional disciplinary
action.

Sec.
4731.99.
(A)
Whoever violates section 4731.41, 4731.43, or 4731.60 of the Revised
Code is guilty of a felony of the fifth degree on a first offense and
a felony of the fourth degree on each subsequent offense.

(B)
Whoever violates section 4731.49, 4731.50, or 4731.81 of the Revised
Code is guilty of a misdemeanor of the fourth degree on a first
offense and a misdemeanor of the first degree on each subsequent
offense.

(C)
Whoever violates section 4731.46 or 4731.47 of the Revised Code is
guilty of a felony of the fifth degree.

(D)
Whoever violates section 4731.48 of the Revised Code is guilty of a
misdemeanor of the fourth degree.

(E)(1)
Whoever violates division (B)(1), (C)(1), (C)(2), (D), or (E) of
section 4731.224 of the Revised Code is guilty of a minor misdemeanor
on a first offense and a misdemeanor of the fourth degree on each
subsequent offense, except that an individual guilty of a subsequent
offense shall not be subject to imprisonment, but to a fine alone of
up to one thousand dollars for each offense.

(2)
Whoever violates division (B)(2) or (C)(3) of section 4731.224 of the
Revised Code is guilty of
failure
to report criminal conduct or sexual misconduct,
a
misdemeanor of the fourth degree
.
If the offender has previously been convicted of a violation of this
division, the failure to report is

on
a first offense and
a
misdemeanor of the first degree

on
each subsequent offense
.

(F)
Whoever violates section 4731.481 of the Revised Code is guilty of a
misdemeanor of the first degree.

(G)
Whoever violates division (F)(5) of section 4731.22 of the Revised
Code is guilty of
disclosing
confidential investigatory information,
a
misdemeanor of the first degree.

Sec.
4735.01.
As
used in this chapter:

(A)
"Real estate broker" includes any person, partnership,
association, limited liability company, limited liability
partnership, or corporation, foreign or domestic, who for another,
whether pursuant to a power of attorney or otherwise, and who for a
fee, commission, or other valuable consideration, or with the
intention, or in the expectation, or upon the promise of receiving or
collecting a fee, commission, or other valuable consideration does
any of the following:

(1)
Sells, exchanges, purchases, rents, or leases, or negotiates the
sale, exchange, purchase, rental, or leasing of any real estate;

(2)
Offers, attempts, or agrees to negotiate the sale, exchange,
purchase, rental, or leasing of any real estate;

(3)
Lists, or offers, attempts, or agrees to list, or auctions, or
offers, attempts, or agrees to auction, any real estate;

(4)
Buys or offers to buy, sells or offers to sell, or otherwise deals in
options on real estate;

(5)
Operates, manages, or rents, or offers or attempts to operate,
manage, or rent, other than as custodian, caretaker, or janitor, any
building or portions of buildings to the public as tenants;

(6)
Advertises or holds self out as engaged in the business of selling,
exchanging, purchasing, renting, or leasing real estate;

(7)
Directs or assists in the procuring of prospects or the negotiation
of any transaction, other than mortgage financing, which does or is
calculated to result in the sale, exchange, leasing, or renting of
any real estate;

(8)
Is engaged in the business of charging an advance fee or contracting
for collection of a fee in connection with any contract whereby the
broker undertakes primarily to promote the sale, exchange, purchase,
rental, or leasing of real estate through its listing in a
publication issued primarily for such purpose, or for referral of
information concerning such real estate to brokers, or both, except
that this division does not apply to a publisher of listings or
compilations of sales of real estate by their owners;

(9)
Collects rental information for purposes of referring prospective
tenants to rental units or locations of such units and charges the
prospective tenants a fee.

(B)
"Real estate" includes leaseholds as well as any and every
interest or estate in land situated in this state, whether corporeal
or incorporeal, whether freehold or nonfreehold, and the improvements
on the land, but does not include cemetery interment rights.

(C)
"Real estate salesperson" means any person associated with
a licensed real estate broker to do or to deal in any acts or
transactions set out or comprehended by the definition of a real
estate broker, for compensation or otherwise.

(D)
"Institution of higher education" includes all of the
following:

(1)
A state institution of higher education, as defined in section
3345.011 of the Revised Code;

(2)
A nonprofit institution issued a certificate of authorization under
Chapter 1713. of the Revised Code;

(3)
A private institution exempt from regulation under Chapter 3332. of
the Revised Code, as prescribed in section 3333.046 of the Revised
Code.

(4)
An institution with a certificate of registration from the state
board of career colleges and schools under Chapter 3332. of the
Revised Code that is approved to offer degree or certificate programs
in accordance with section 3332.05 of the Revised Code.

(E)
"Foreign real estate" means real estate not situated in
this state and any interest in real estate not situated in this
state.

(F)
"Foreign real estate dealer" includes any person,
partnership, association, limited liability company, limited
liability partnership, or corporation, foreign or domestic, who for
another, whether pursuant to a power of attorney or otherwise, and
who for a fee, commission, or other valuable consideration, or with
the intention, or in the expectation, or upon the promise of
receiving or collecting a fee, commission, or other valuable
consideration, does or deals in any act or transaction specified or
comprehended in division (A) of this section with respect to foreign
real estate.

(G)
"Foreign real estate salesperson" means any person
associated with a licensed foreign real estate dealer to do or deal
in any act or transaction specified or comprehended in division (A)
of this section with respect to foreign real estate, for compensation
or otherwise.

(H)
Any person, partnership, association, limited liability company,
limited liability partnership, or corporation, who, for another, in
consideration of compensation, by fee, commission, salary, or
otherwise, or with the intention, in the expectation, or upon the
promise of receiving or collecting a fee, does, or offers, attempts,
or agrees to engage in, any single act or transaction contained in
the definition of a real estate broker, whether an act is an
incidental part of a transaction, or the entire transaction, shall be
constituted a real estate broker or real estate salesperson under
this chapter.

(I)(1)
The terms "real estate broker," "real estate
salesperson," "foreign real estate dealer," and
"foreign real estate salesperson" do not include a person,
partnership, association, limited liability company, limited
liability partnership, or corporation, or the regular employees
thereof, who perform any of the acts or transactions specified or
comprehended in division (A) of this section, whether or not for, or
with the intention, in expectation, or upon the promise of receiving
or collecting a fee, commission, or other valuable consideration:

(a)
With reference to real estate situated in this state owned by such
person, partnership, association, limited liability company, limited
liability partnership, or corporation, or acquired on its own account
in the regular course of, or as an incident to the management of the
property and the investment in it;

(b)
As receiver or trustee in bankruptcy, as guardian, executor,
administrator, trustee, assignee, commissioner, or any person doing
the things mentioned in this section, under authority or appointment
of, or incident to a proceeding in, any court, or as a bona fide
public officer, or as executor, trustee, or other bona fide fiduciary
under any trust agreement, deed of trust, will, or other instrument
that has been executed in good faith creating a like bona fide
fiduciary obligation;

(c)
As a public officer while performing the officer's official duties;

(d)
As an attorney at law in the performance of the attorney's duties;

(e)
As a person who engages in the brokering of the sale of business
assets, not including the sale, lease, exchange, or assignment of any
interest in real estate;

(f)
As a person who engages in the sale of manufactured homes as defined
in division (C)(4) of section 3781.06 of the Revised Code, or of
mobile homes as defined in division (O) of section 4501.01 of the
Revised Code, provided the sale does not include the negotiation,
sale, lease, exchange, or assignment of any interest in real estate;

(g)
As a person who engages in the sale of commercial real estate
pursuant to the requirements of section 4735.022 of the Revised Code;

(h)
As an oil and gas land professional in the performance of the oil and
gas land professional's duties, provided the oil and gas land
professional is not engaged in the purchase or sale of a fee simple
absolute interest in oil and gas or other real estate and the oil and
gas land professional complies with division (A) of section 4735.023
of the Revised Code;

(i)
As an oil and gas land professional employed by the person,
partnership, association, limited liability company, limited
liability partnership, or corporation for which the oil and gas land
professional is performing the oil and gas land professional's
duties.

(2)
A person, partnership, association, limited liability company,
limited liability partnership, or corporation exempt under division
(I)(1)(a) of this section shall be limited by the legal interest in
the real estate held by that person or entity to performing any of
the acts or transactions specified in or comprehended by division (A)
of this section.

(J)
"Disabled licensee" means a person licensed pursuant to
this chapter who is under a severe disability which is of such a
nature as to prevent the person from being able to attend any
instruction lasting at least three hours in duration.

(K)
"Division of real estate" may be used interchangeably with,
and for all purposes has the same meaning as, "division of real
estate and professional licensing."

(L)
"Superintendent" or "superintendent of real estate"
means the superintendent of the division of real estate and
professional licensing of this state. Whenever the division or
superintendent of real estate is referred to or designated in any
statute, rule, contract, or other document, the reference or
designation shall be deemed to refer to the division or
superintendent of real estate and professional licensing, as the case
may be.

(M)
"Inactive license" means the license status in which a
salesperson's license is in the possession of the division, renewed
as required under this chapter or rules adopted under this chapter,
and not associated with a real estate broker.

(N)
"Broker's license on deposit" means the license status in
which a broker's license is in the possession of the division of real
estate and professional licensing and renewed as required under this
chapter or rules adopted under this chapter.

(O)
"Suspended license" means the license status that prohibits
a licensee from providing services that require a license under this
chapter for a specified interval of time.

(P)
"Reactivate" means the process prescribed by the
superintendent of real estate and professional licensing to remove a
license from an inactive, suspended, or broker's license on deposit
status to allow a licensee to provide services that require a license
under this chapter.

(Q)
"Revoked" means the license status in which the license is
void and not eligible for reactivation.

(R)
"Commercial real estate" means any parcel of real estate in
this state other than real estate containing one to four residential
units. "Commercial real estate" does not include
single-family residential units such as condominiums, townhouses,
manufactured homes, or homes in a subdivision when sold, leased, or
otherwise conveyed on a unit-by-unit basis, even when those units are
a part of a larger building or parcel of real estate containing more
than four residential units.

(S)
"Out-of-state commercial broker" includes any person,
partnership, association, limited liability company, limited
liability partnership, or corporation that is licensed to do business
as a real estate broker in a jurisdiction other than Ohio.

(T)
"Out-of-state commercial salesperson" includes any person
affiliated with an out-of-state commercial broker who is not licensed
as a real estate salesperson in Ohio.

(U)
"Exclusive right to sell or lease listing agreement" means
an agency agreement between a seller and broker that meets the
requirements of section 4735.55 of the Revised Code and does both of
the following:

(1)
Grants the broker the exclusive right to represent the seller in the
sale or lease of the seller's property;

(2)
Provides the broker will be compensated if the broker, the seller, or
any other person or entity produces a purchaser or tenant in
accordance with the terms specified in the listing agreement or if
the property is sold or leased during the term of the listing
agreement to anyone other than to specifically exempted persons or
entities.

(V)
"Exclusive agency agreement" means an agency agreement
between a seller and broker that meets the requirements of section
4735.55 of the Revised Code and does both of the following:

(1)
Grants the broker the exclusive right to represent the seller in the
sale or lease of the seller's property;

(2)
Provides the broker will be compensated if the broker or any other
person or entity produces a purchaser or tenant in accordance with
the terms specified in the listing agreement or if the property is
sold or leased during the term of the listing agreement, unless the
property is sold or leased solely through the efforts of the seller
or to the specifically exempted persons or entities.

(W)
"Exclusive purchaser agency agreement" means an agency
agreement between a purchaser

or
tenant

and
a

broker
that meets the requirements of section 4735.55 of the Revised Code
and does both of the following:

(1)
Grants the broker the exclusive right to represent the purchaser
or
tenant
in
the purchase or lease of property;

(2)
Provides the broker will be compensated in accordance with the terms
specified in the exclusive agency agreement or if a property is
purchased or leased by the purchaser

or
tenant

during the term of the agency agreement unless the property is
specifically exempted in the agency agreement.

The
agreement may authorize the broker to receive compensation from the
seller or the seller's agent and may provide that the purchaser

or
tenant

is not obligated to compensate the broker if the property is
purchased or leased solely through the efforts of the purchaser

or
tenant
.

(X)
"Seller" means a party in a real estate transaction who is
the potential transferor of property. "Seller" includes an
owner of property who is seeking to sell the property and a landlord
who is seeking to rent or lease property to another person.

(Y)
"Resigned" means the license status in which a license has
been voluntarily and permanently surrendered to or is otherwise in
the possession of the division of real estate and professional
licensing, may not be renewed or reactivated in accordance with the
requirements specified in this chapter or the rules adopted pursuant
to it, and is not associated with a real estate broker.

(Z)
"Bona fide" means made in good faith or without purpose of
circumventing license law.

(AA)
"Associate broker" means an individual licensed as a real
estate broker under this chapter who does not function as the
principal broker or a management level licensee.

(BB)
"Brokerage" means a corporation, partnership, limited
partnership, association, limited liability company, limited
liability partnership, or sole proprietorship, foreign or domestic,
that has been issued a broker's license. "Brokerage"
includes the affiliated licensees who have been assigned management
duties that include supervision of licensees whose duties may
conflict with those of other affiliated licensees.

(CC)
Except as provided in section 4735.011 of the Revised Code, "eligible
course" means a credit or noncredit course offered by an
institution of higher education that may be applied toward the
requirements for a degree or certificate at the institution.

(DD)
"Distance education" means courses required by divisions
(B)(6) and (G) of section 4735.07, divisions (F)(6) and (J) of
section 4735.09, and division (A) of section 4735.141 of the Revised
Code in which instruction is accomplished through use of interactive,
electronic media and where the teacher and student are separated by
distance or time, or both.

(EE)
"Licensee" means any individual licensed as a real estate
broker or salesperson by the Ohio real estate commission pursuant to
this chapter.

(FF)
"Management level licensee" means a licensee who is
employed by or affiliated with a real estate broker and who has
supervisory responsibility over other licensees employed by or
affiliated with that real estate broker.

(GG)
"Oil and gas land professional" means a person regularly
engaged in the preparation and negotiation of agreements for the
purpose of exploring for, transporting, producing, or developing oil
and gas mineral interests, including, but not limited to, oil and gas
leases and pipeline easements.

(HH)
"Principal broker" means an individual licensed as a real
estate broker under this chapter who oversees and directs the
operations of the brokerage.

(II)
"Right-to-list home sale agreement" means an agreement
whereby the owner of residential real estate agrees to provide
another person with exclusive rights to list the real estate for sale
at a future date in exchange for monetary consideration, or an
equivalent to monetary consideration, and that meets one or both of
the following:

(1)
The agreement states that it runs with the land or otherwise purports
to bind future owners of the residential real estate;

(2)
The agreement purports to be a lien, encumbrance, or other real
property security interest.

(JJ)
"Nonexclusive agency agreement" means an agency agreement
between a purchaser, tenant, or seller and a broker that meets the
requirements of section 4735.55 of the Revised Code and does both of
the following:

(1)
Grants the broker the nonexclusive right to represent the purchaser,
tenant, or seller in the purchase, sale, or lease of property;

(2)
Provides the broker will be compensated in accordance with the terms
specified in the nonexclusive agency agreement, and the purchaser,
tenant, or seller may obtain services from other brokers or brokerage
firms, subject to the terms of the nonexclusive agency agreement.

Sec.
4735.06.
(A)
(A)(1)

Application for a license as a real estate broker shall be made to
the superintendent of real estate on forms furnished by the
superintendent and filed with the superintendent and shall be signed
by the applicant or its members or officers.

(2)

Each
application shall state the name of the person applying and the
location of the place of business for which the license is desired,
and give such other information as the superintendent requires in the
form of application prescribed by the superintendent.

(3)
Each application shall include the address of the applicant's current
residence or, if the applicant is not an individual, the address of
the current residence of each of the applicant's members or officers.

(4)
The superintendent shall retain residential addresses submitted under
division (A)(3) of this section as separate records that do not
constitute public records for the purposes of section 149.43 of the
Revised Code.

(B)(1)
If the applicant is a partnership, limited liability company, limited
liability partnership, or association, the names of all the members
also shall be stated, and, if the applicant is a corporation, the
names of its president and of each of its officers also shall be
stated.

The
superintendent has the right to reject the application of any
partnership, association, limited liability company, limited
liability partnership, or corporation if the name proposed to be used
by such partnership, association, limited liability company, limited
liability partnership, or corporation is likely to mislead the public
or if the name is not such as to distinguish it from the name of any
existing partnership, association, limited liability company, limited
liability partnership, or corporation licensed under this chapter,
unless there is filed with the application the written consent of
such existing partnership, association, limited liability company,
limited liability partnership, or corporation, executed by a duly
authorized representative of it, permitting the use of the name of
such existing partnership, association, limited liability company,
limited liability partnership, or corporation.

(2)
The superintendent shall approve the use of a trade name by a
brokerage, if the name meets both of the following criteria:

(a)
The proposed name is not the same as or is clearly distinguishable
from a name registered with the division of real estate and
professional licensing by another existing brokerage. If the
superintendent determines that the proposed name is not clearly
distinguishable from any other existing brokerage, the superintendent
may approve the use of the trade name if there is filed with the
superintendent the written consent of the existing brokerage with the
same or similar name.

(b)
The name is not misleading or likely to mislead the public.

(3)
The superintendent may approve the use of more than one trade name
for a brokerage.

(4)
When a brokerage has received the approval of the superintendent to
conduct business under one or more trade names, those trade names
shall be the only identifying names used by the brokerage in all
advertising.

(C)
A fee of one hundred thirty-five dollars shall accompany the
application for a real estate broker's license. The initial licensing
period commences at the time the license is issued and ends on the
applicant's first birthday thereafter. However, if the applicant was
an inactive or active salesperson immediately preceding application
for a broker's license, then the initial licensing period shall
commence at the time the broker's license is issued and ends on the
date the licensee's continuing education is due as set when the
applicant was a salesperson. The application fee shall be
nonrefundable. A fee of one hundred thirty-five dollars shall be
charged by the superintendent for each successive application made by
an applicant. In the case of issuance of a three-year license, upon
passing the examination, or upon waiver of the examination
requirement, if the superintendent determines it is necessary, the
applicant shall submit an additional fee determined by the
superintendent based upon the number of years remaining in a real
estate salesperson's licensing period.

(D)
The Ohio real estate commission may use the division of real estate
operating fund created under section 4735.211 of the Revised Code in
discharging the duties prescribed in divisions (E), (F), (G), and (H)
of section 4735.03 of the Revised Code and may use it in the
advancement of education and research in real estate at any
institution of higher education in the state, or in contracting with
any such institution or a trade organization for a particular
research or educational project in the field of real estate, or in
advancing loans, not exceeding two thousand dollars, to applicants
for salesperson licenses, to defray the costs of satisfying the
educational requirements of division (F) of section 4735.09 of the
Revised Code. Such loans shall be made according to rules established
by the commission under the procedures of Chapter 119. of the Revised
Code, and they shall be repaid to the fund within three years of the
time they are made. No more than twenty-five thousand dollars shall
be lent from the fund in any one fiscal year.

The
governor may appoint a representative from the executive branch to be
a member ex officio of the commission for the purpose of advising on
research requests or educational projects. The commission shall
report to the general assembly on the third Tuesday after the third
Monday in January of each year setting forth the total amount
contained in the fund and the amount of each research grant that it
has authorized and the amount of each research grant requested. A
copy of all research reports shall be submitted to the state library
of Ohio and the library of the legislative service commission.

(E)
If the superintendent, with the consent of the commission, enters
into an agreement with a national testing service to administer the
real estate broker's examination, pursuant to division (A) of section
4735.07 of the Revised Code, the superintendent may require an
applicant to pay the testing service's examination fee directly to
the testing service. If the superintendent requires the payment of
the examination fee directly to the testing service, each applicant
shall submit to the superintendent a processing fee in an amount
determined by the Ohio real estate commission pursuant to division
(A)(2) of section 4735.10 of the Revised Code.

Sec.
4735.09.
(A)
Application for a license as a real estate salesperson shall be made
to the superintendent of real estate on forms furnished by the
superintendent and signed by the applicant. The application shall be
in the form prescribed by the superintendent and shall contain such
information as is required by this chapter and the rules of the Ohio
real estate commission.
The
application shall include the address of the applicant's current
residence. The superintendent shall retain the applicant's current
residence address in a separate record that does not constitute a
public record for purposes of section 149.43 of the Revised Code.
The
application shall be accompanied by the recommendation of the real
estate broker with whom the applicant is associated or with whom the
applicant intends to be associated, certifying that the applicant is
honest and truthful, and has not been finally adjudged by a court to
have violated any municipal, state, or federal civil rights laws
relevant to the protection of purchasers or sellers of real estate,
which conviction or adjudication the applicant has not disclosed to
the superintendent, and recommending that the applicant be admitted
to the real estate salesperson examination.

(B)
A fee of eighty-one dollars shall accompany the application, which
fee includes the fee for the initial year of the licensing period, if
a license is issued. The initial year of the licensing period
commences at the time the license is issued and ends on the
applicant's first birthday thereafter. The application fee shall be
nonrefundable. A fee of eighty-one dollars shall be charged by the
superintendent for each successive application made by the applicant.

(C)
There shall be no limit placed on the number of times an applicant
may retake the examination.

(D)
The superintendent, with the consent of the commission, may enter
into an agreement with a recognized national testing service to
administer the real estate salesperson's examination under the
superintendent's supervision and control, consistent with the
requirements of this chapter as to the contents of the examination.

If
the superintendent, with the consent of the commission, enters into
an agreement with a national testing service to administer the real
estate salesperson's examination, the superintendent may require an
applicant to pay the testing service's examination fee directly to
the testing service. If the superintendent requires the payment of
the examination fee directly to the testing service, each applicant
shall submit to the superintendent a processing fee in an amount
determined by the Ohio real estate commission pursuant to division
(A)(1) of section 4735.10 of the Revised Code.

(E)
The superintendent shall issue a real estate salesperson's license
when satisfied that the applicant has received a passing score on
each portion of the salesperson's examination as determined by rule
by the real estate commission.

(F)
No applicant for a salesperson's license shall take the salesperson's
examination who has not established to the satisfaction of the
superintendent that the applicant:

(1)
Is honest and truthful;

(2)(a)
Has not been convicted of a disqualifying offense as determined in
accordance with section 9.79 of the Revised Code;

(b)
Has not been finally adjudged by a court to have violated any
municipal, state, or federal civil rights laws relevant to the
protection of purchasers or sellers of real estate or, if the
applicant has been so adjudged, at least two years have passed since
the court decision and the superintendent has disregarded the
adjudication because the applicant has proven, by a preponderance of
the evidence, that the applicant is honest and truthful, and there is
no basis in fact for believing that the applicant again will violate
the laws involved.

(3)
Has not, during any period in which the applicant was licensed under
this chapter, violated any provision of, or any rule adopted pursuant
to this chapter, or, if the applicant has violated such provision or
rule, has established to the satisfaction of the superintendent that
the applicant will not again violate such provision or rule;

(4)
Is at least eighteen years of age;

(5)
If born after the year 1950, has a high school diploma or a
certificate of high school equivalence issued under section 3301.80
of the Revised Code;

(6)
Has successfully completed at an institution of higher education all
of the following eligible courses by either classroom instruction or
distance education:

(a)
Forty hours of instruction in real estate practice;

(b)
Forty hours of instruction that includes the subjects of Ohio real
estate law, municipal, state, and federal civil rights law, new case
law on housing discrimination, desegregation issues, and methods of
eliminating the effects of prior discrimination. If feasible, the
instruction in Ohio real estate law shall be taught by a member of
the faculty of an accredited law school. If feasible, the instruction
in municipal, state, and federal civil rights law, new case law on
housing discrimination, desegregation issues, and methods of
eliminating the effects of prior discrimination shall be taught by a
staff member of the Ohio civil rights commission who is knowledgeable
with respect to those subjects. The requirements of this division do
not apply to an applicant who is admitted to practice before the
supreme court.

(c)
Ten hours of instruction in real estate appraisal;

(d)
Ten hours of instruction in real estate finance.

(G)(1)
Successful completion of the instruction required by division (F)(6)
of this section shall be determined by the law in effect on the date
the instruction was completed.

(2)
Division (F)(6)(c) of this section does not apply to any new
applicant who holds a valid Ohio real estate appraiser license or
certificate issued prior to the date of application for a real estate
salesperson's license.

(H)
Only for noncredit course offerings, an institution of higher
education shall obtain approval from the appropriate state
authorizing entity prior to offering a real estate course that is
designed and marketed as satisfying the salesperson license education
requirements of division (F)(6) of this section. The state
authorizing entity may consult with the superintendent in reviewing
the course for compliance with this section.

(I)
Any person who has not been licensed as a real estate salesperson or
broker within a four-year period immediately preceding the person's
current application for the salesperson's examination shall have
successfully completed the prelicensure instruction required by
division (F)(6) of this section within a ten-year period immediately
preceding the person's current application for the salesperson's
examination.

(J)
Not earlier than the date of issue of a real estate salesperson's
license to a licensee, but not later than twelve months after the
date of issue of a real estate salesperson license to a licensee, the
licensee shall submit proof satisfactory to the superintendent, on
forms made available by the superintendent, of the completion of
twenty hours of instruction that shall be completed in schools,
seminars, and educational institutions approved by the commission.
The instruction shall include, but is not limited to, current
practices relating to commercial real estate, property management,
short sales, and land contracts; contract law; federal and state
programs; economic conditions; and fiduciary responsibility. Approval
of the curriculum and providers shall be granted according to rules
adopted pursuant to section 4735.10 of the Revised Code and may be
taken through classroom instruction or distance education.

If
proof of completion of the required instruction is not submitted
within twelve months of the date a license is issued under this
section, the licensee's license is suspended automatically without
the taking of any action by the superintendent. The superintendent
immediately shall notify the broker with whom such salesperson is
associated of the suspension of the salesperson's license. A
salesperson whose license has been suspended under this division
shall have twelve months after the date of the suspension of the
salesperson's license to submit proof of successful completion of the
instruction required under this division. No such license shall be
reactivated by the superintendent until it is established, to the
satisfaction of the superintendent, that the requirements of this
division have been met and that the licensee is in compliance with
this chapter. A licensee's license is revoked automatically without
the taking of any action by the superintendent when the licensee
fails to submit the required proof of completion of the education
requirements under division (I) of this section within twelve months
of the date the license is suspended.

(K)
Examinations shall be administered with reasonable accommodations in
accordance with the requirements of the "Americans with
Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C. 12189. The
contents of an examination shall be consistent with the classroom
instructional requirements of division (F)(6) of this section. An
applicant who has completed the classroom instructional requirements
of division (F)(6) of this section at the time of application shall
be examined no later than twelve months after the applicant is
notified of the applicant's admission to the examination.

(L)
Notwithstanding any provision of this chapter or Chapter 4796. of the
Revised Code to the contrary, the superintendent shall issue a real
estate salesperson's license in accordance with Chapter 4796. of the
Revised Code to an applicant if both of the following apply:

(1)
The applicant satisfies the requirements specified in section
4796.03, 4796.04, or 4796.05 of the Revised Code, as applicable.

(2)
The applicant passes an examination on Ohio real estate law.

Sec.
4735.55.
(A)
As used in this section:

(1)
"Residential real property" has the same meaning as in
section 5302.30 of the Revised Code.

(2)
"Residential premises
"
and "tenant
"

has

have

the
same
meaning

meanings

as
in section 5321.01 of the Revised Code.

(B)

Prior
to marketing
A
licensee shall enter into a written agency agreement before doing any
of the following:

(1)
Advertising
or
showing
a
seller's
residential
real property
,
making

on
behalf of a seller;

(2)
Making
an
offer to purchase residential real property on behalf of a purchaser
,
or making
;

(3)
Making
an
offer to lease a residential premises on behalf of a
purchaser

tenant

for
a term exceeding eighteen months
,
a licensee shall enter into a written agency agreement that contains

.

(C)
The written agency agreement shall contain
all
of the following:

(1)
An expiration date;

(2)
A statement that it is illegal, pursuant to the Ohio fair housing
law, division (H) of section 4112.02 of the Revised Code, and the
federal fair housing law, 42 U.S.C.A. 3601, as amended, to refuse to
sell, transfer, assign, rent, lease, sublease, or finance housing
accommodations, refuse to negotiate for the sale or rental of housing
accommodations, or otherwise deny or make unavailable housing
accommodations because of race, color, religion, sex, familial status
as defined in section 4112.01 of the Revised Code, ancestry, military
status as defined in that section, disability as defined in that
section, or national origin or to so discriminate in advertising the
sale or rental of housing, in the financing of housing, or in the
provision of real estate brokerage services;

(3)
A statement defining the practice known as "blockbusting"
and stating that it is illegal;

(4)
A copy of the United States department of housing and urban
development equal housing opportunity logotype, as set forth in 24
C.F.R. 109.30, as amended;

(5)
A statement that the licensee is appointed as an agent of the client,
and an indication of whether the agency relationship is exclusive or
nonexclusive;

(6)
The terms by which the real estate broker is to be compensated;

(7)
A conspicuous statement that broker fees and commissions are not set
by law, are fully negotiable, and may be paid by the seller, the
buyer, the landlord, the tenant, or a third party, or by sharing or
splitting the fees and commissions between brokers.

(C)
(D)

Each written agency agreement shall contain a place for the licensee
and the client to sign and date the agreement.

(D)
(E)

A licensee shall furnish a copy of any written agency agreement to a
client in a timely manner after the licensee and the client have
signed and dated it.

Sec.
4735.56.
(A)
Each brokerage shall develop a written brokerage policy on agency to
be given to prospective sellers
,
tenants,

and purchasers in accordance with
divisions
(C) and (D) of
this
section.

(B)
The brokerage policy on agency described in division (A) of this
section shall include all of the following information:

(1)
An explanation of the permissible agency relationships available
under section 4735.53 of the Revised Code and the duties that the
agent owes the agent's client;

(2)
The brokerage's policy on representation of purchasers or sellers;

(3)
Whether at some time during the agency relationship the brokerage and
its licensee may act as a dual agent, and the options and
consequences for the client if a dual agency situation arises
including the right of the client to terminate the agency
relationship and seek representation from another source;

(4)
Whether at some time during the agency relationship, another licensee
affiliated with the same brokerage as the licensee may become the
exclusive agent for the other party in the transaction and whether
each licensee will represent only the interests of that licensee's
client;

(5)
The brokerage's policy on cooperation with other brokerages,
including whether the brokerage offers compensation to other
brokerages or will seek compensation from other brokerages;

(6)
That a brokerage that has a purchaser as a client represents the
purchaser's interests even though the seller's agent or the seller
may compensate that purchaser's brokerage;

(7)
That the signature of the purchaser or the seller indicates
acknowledgement of receipt of the brokerage policy on agency.

(C)
A licensee working directly with a seller in a real estate
transaction shall provide the seller with the brokerage policy on
agency described in this section at the time the licensee and seller
enter into an agency agreement, if required by section 4735.55 of the
Revised Code or, if an agency agreement is not required by that
section, prior to
marketing

advertising

or
showing the seller's real estate, and shall obtain a signature from
the seller acknowledging receipt unless the seller refuses to provide
a signature. If the seller refuses to provide a signature, the
licensee shall note this on the policy.

(D)
A licensee working directly with a purchaser in a real estate
transaction, whether as the purchaser's agent, the seller's agent, or
the seller's subagent, shall provide the purchaser with the brokerage
policy on agency described in this section and obtain a signature
from the purchaser acknowledging receipt of the policy unless the
purchaser refuses to provide a signature. If the purchaser refuses to
provide a signature, the licensee shall note this on the policy.
Except as provided in division (E) of this section, the licensee
shall provide the brokerage policy on agency to a purchaser prior to
the earliest of the following actions of the licensee:

(1)
Initiating a prequalification evaluation to determine whether the
purchaser has the financial ability to purchase or lease a particular
real estate property;

(2)
Requesting specific financial information from the purchaser to
determine the purchaser's ability to purchase or finance real estate
in a particular price range;

(3)
Showing the real estate to the purchaser other than at an open house;

(4)
Discussing, with the purchaser, the making of an offer to purchase or
lease real estate;

(5)
Submitting an offer to purchase or lease real estate on behalf of the
purchaser;

(6)
Entering into an agency agreement with the purchaser under section
4735.55 of the Revised Code.

(E)
If the earliest event described in division (D) of this section is by
telephone or electronic mail, the licensee shall disclose by that
same medium the nature of the agency relationship that the licensee
has with both the seller and the purchaser. The licensee shall
provide the purchaser with the brokerage policy on agency described
in this section at the first meeting with the purchaser following
this disclosure of the agency relationship.

(F)
A licensee acting as a seller's agent is not required to provide a
purchaser with the brokerage policy on agency described in this
section except in the case of an event described in division (D) of
this section.

(G)
The requirements of this section regarding provision of a brokerage
policy on agency apply only in the following situations:

(1)
The sale or lease of vacant land;

(2)
The sale of a parcel of real estate containing one to four
residential units;

(3)
The leasing of residential premises as defined in section 5321.01 of
the Revised Code, if the rental or lease agreement is for a term of
more than eighteen months.

Sec.
4735.80.
(A)
The superintendent of real estate shall, within one year after
the
effective date of this section
April
3, 2025
,
adopt rules in accordance with Chapter 119. of the Revised Code that
require a licensee, prior to listing residential real estate for
sale, exchange, or purchase, to provide to the seller a disclosure
form, developed and maintained by the division of real estate, that
outlines both of the following:

(1)
The federal and state laws that relate to anti-discrimination in the
home-buying process with which a seller of residential real estate
shall comply, including the laws listed in divisions
(B)(2)
(C)(2)

and (3) of section 4735.55 of the Revised Code;

(2)
The penalties associated with violating any of the laws specified
pursuant to division (A)(1) of this section.

(B)
No licensee shall market or show a seller's residential real estate
before providing the seller with the disclosure required by this
section and receiving a copy of that disclosure that is signed and
dated by the seller. The licensee shall retain the signed and dated
copy of the disclosure for not less than three years following the
closing date on the seller's residential real estate.

(C)
Notwithstanding any provision of section 121.95 of the Revised Code
to the contrary, a regulatory restriction contained in a rule adopted
under this section is not subject to sections 121.95 to 121.953 of
the Revised Code.

Sec.
4740.06.
(A)
Any individual who applies for a license shall file a written
application with the appropriate specialty section of the Ohio
construction industry licensing board, accompanied with the
application fee as determined pursuant to section 4740.09 of the
Revised Code. The application shall be on the form the section
prescribes

and
verified by the applicant's oath
.
The applicant shall provide information satisfactory to the section
showing that the applicant meets the requirements of division (B),
(C), or (D) of this section.

(B)
To qualify to take an examination, an individual shall:

(1)
Be at least eighteen years of age;

(2)
Be a United States citizen or legal alien who produces valid
documentation to demonstrate the individual is a legal resident of
the United States;

(3)
Either have been a tradesperson in the type of licensed trade for
which the application is filed for not less than five years
immediately prior to the date the application is filed, be a
currently registered engineer in this state with three years of
business experience in the construction industry in the trade for
which the engineer is applying to take an examination, or have other
experience acceptable to the appropriate specialty section of the
board;

(4)
Maintain contractor's liability insurance in an amount the
appropriate specialty section of the board determines and only in one
contracting company name;

(5)
Not have done any of the following:

(a)
Violated this chapter or any rule adopted pursuant to it;

(b)
Obtained or renewed a license issued pursuant to this chapter, or any
order, ruling, or authorization of the board or a section of the
board by fraud, misrepresentation, or deception;

(c)
Engaged in fraud, misrepresentation, or deception in the conduct of
business.

(C)
For an individual who holds an out-of-state occupational license, as
defined in section 4796.01 of the Revised Code, that is substantially
similar to the license for which the individual is applying under
this chapter, to qualify to take an examination, an individual shall:

(1)
Provide proof that the individual was issued at least five
authorizations for construction, erection, equipment, alteration, or
addition of any building by an authority with responsibility for
enforcing building regulations in the jurisdiction where the
individual holds the out-of-state occupational license;

(2)
Provide at least one tax return that reflects income earned for
services provided under the individual's out-of-state occupational
license;

(3)
Provide proof that the contracting company with whom the individual
is employed in the jurisdiction where the individual holds the
out-of-state occupational license is either of the following:

(a)
Licensed as a foreign corporation under section 1703.04 of the
Revised Code and has designated an agent in this state in accordance
with section 1703.041 of the Revised Code;

(b)
Registered as a foreign limited liability company under section
1706.511 of the Revised Code and has designated an agent in this
state in accordance with section 1706.09 of the Revised Code.

(4)
Meet the requirements described in divisions (B)(1), (2), (4), and
(5) of this section.

(D)(1)
For an individual who has been actively engaged in activities in the
service of the uniformed services, as defined in section 4796.01 of
the Revised Code, that are substantially similar to the activities
for which the license the individual is applying under this chapter
is required, to qualify to take an examination, an individual shall:

(a)
Provide proof that the individual was actively engaged in the
activities in the service of the uniformed services for at least
three of the five years immediately preceding the date the
application is submitted;

(b)
Meet the requirements described in divisions (B)(1), (2), (4), and
(5) of this section.

(2)
Each specialty section of the board may adopt a rule in accordance
with Chapter 119. of the Revised Code to waive the requirement that
an applicant under division (D)(1)(a) of this section has been
actively engaged in the activity for three of the five years
immediately preceding the date the application is submitted.

(E)
The board secretary, or the secretary's designee, shall approve an
application for examination submitted under division (C) or (D) of
this section within thirty days after receiving a complete
application that meets the requirements of that division.

(F)
When an applicant for licensure as a contractor in a licensed trade
meets the qualifications set forth in division (B), (C), or (D) of
this section and passes the required examination, the appropriate
specialty section of the board, within ninety days after the
application was filed, shall authorize the administrative section of
the board to license the applicant for the type of contractor's
license for which the applicant qualifies. A specialty section of the
board may withdraw its authorization to the administrative section
for issuance of a license for good cause shown, on the condition that
notice of that withdrawal is given prior to the administrative
section's issuance of the license.

(G)(1)
Except as provided in division (G)(2) of this section, if an
applicant does not pass the required examination, the applicant may
retake the examination not less than sixty days after the applicant's
most recent examination.

(2)
An applicant who does not pass the required examination after taking
the examination five times under this section shall reapply for a
license under division (A) of this section before retaking the
required examination any subsequent time.

(H)
All licenses a contractor holds pursuant to this chapter shall expire
annually on the same date, which shall be the expiration date of the
original license the contractor holds. An individual holding a valid,
unexpired license may renew the license, without reexamination, by
submitting an application to the appropriate specialty section of the
board not more than ninety calendar days before the expiration of the
license, along with the renewal fee the specialty section requires
and proof of compliance with the applicable continuing education
requirements. The applicant shall provide information in the renewal
application satisfactory to demonstrate to the appropriate specialty
section that the applicant continues to meet the requirements of
divisions (B)(2), (4), and (5) of this section.

Upon
application and within one calendar year after a license has expired,
a section may waive any of the requirements for renewal of a license
upon finding that an applicant substantially meets the renewal
requirements or that failure to timely apply for renewal is due to
excusable neglect. A section that waives requirements for renewal of
a license may impose conditions upon the licensee and assess a late
filing fee of not more than double the usual renewal fee. An
applicant shall satisfy any condition the section imposes before a
license is reissued.

(I)
An individual holding a valid license may request the section of the
board that authorized that license to place the license in inactive
status under conditions, and for a period of time, as that section
determines.

(J)
Except for the ninety-day extension provided for a license assigned
to a contracting company under division (D) of section 4740.07 of the
Revised Code, a license held by an individual immediately terminates
upon the death of the individual.

(K)
Nothing in any license issued by the Ohio construction industry
licensing board shall be construed to limit or eliminate any
requirement of or any license issued by the Ohio fire marshal.

(L)(1)
Subject to division (L)(3) of this section, no specialty section of
the board shall adopt, maintain, renew, or enforce any rule, or
otherwise preclude in any way, an individual from renewing a license
under this chapter due to any past criminal activity or
interpretation of moral character. If the specialty section denies an
individual a license renewal, the reasons for such denial shall be
put in writing.

(2)
The section may refuse to issue a license to an applicant because of
a conviction of or plea of guilty to an offense if the refusal is in
accordance with section 9.79 of the Revised Code.

(3)
In considering a renewal of an individual's license, the section
shall not consider any conviction or plea of guilty prior to the
initial licensing. However, the board may consider a conviction or
plea of guilty if it occurred after the individual was initially
licensed, or after the most recent license renewal.

(4)
The section may grant an individual a conditional license that lasts
for one year. After the one-year period has expired, the license is
no longer considered conditional, and the individual shall be
considered fully licensed.

(M)
Notwithstanding divisions (H) and (L) of this section and sections
4740.04 and 4740.05 of the Revised Code, the board may establish
rules that amend the continuing education requirements and license
renewal schedule for licensees as provided in or adopted pursuant to
those sections for the purpose of establishing a compliance incentive
program. These rules may include provisions for the creation of the
program and the qualifications, continuing education requirements,
and renewal schedule for the program.

Sec.
4741.04.
A
veterinary-client-patient relationship serves as the basis for
interaction between veterinarians, their clients, and their patients.
A veterinary-client-patient relationship exists when all of the
following conditions have been met:

(A)
A veterinarian assumes responsibility for making clinical judgments
regarding the health of a patient and the need for medical treatment,
medical services, or both for the patient, and the client has agreed
to follow the veterinarian's instructions regarding the patient.

(B)
The veterinarian has sufficient knowledge of the patient to initiate
at least a general or preliminary diagnosis of the medical condition
of the patient. In order to demonstrate that the veterinarian has
sufficient knowledge, the veterinarian shall have seen the patient
recently and also shall be acquainted personally with the keeping and
care of the patient
either

by

examining

doing
any of the following:

(1)
Examining
the
patient
or
by making
in
person;

(2)
Examining the patient in real time via telehealth services in
accordance with section 4741.041 of the Revised Code;

(3)
Making
medically
appropriate and timely visits to the premises where the patient is
kept.

(C)
The veterinarian is readily available for a follow-up evaluation, or
has arranged for emergency coverage, in the event the patient suffers
adverse reactions to the treatment regimen or the treatment regimen
fails.

Sec.
4741.041.
(A)
As used in this section:

(1)
"Human food product" means livestock raised for human
consumption or livestock whose products are used for human
consumption.

(2)
"Livestock" means porcine animals, bovine animals, caprine
animals, ovine animals, and poultry.

(3)
"Tele-advice" means the provision of any health
information, opinion, or guidance by a veterinary professional that
is not intended to diagnose, treat, issue certificates of veterinary
inspection, or issue prognoses of the physical or behavioral illness
or injury of an animal or issue. A veterinarian-client-patient
relationship as required under section 4741.04 of the Revised Code is
not required to provide tele-advice.

(B)
A licensed veterinarian may conduct the practice of veterinary
medicine via telehealth services if all of the following apply:

(1)
The veterinarian obtains the informed consent from the client,
including an acknowledgement that the standards of care prescribed by
this chapter equally apply to in-person and telehealth visits. The
veterinarian shall maintain documentation of the consent for at least
three years after receiving the informed consent.

(2)
The veterinarian provides the client with the veterinarian's name and
contact information and secures an alternate means of contacting the
client if the telehealth visit is interrupted. Following the
telehealth visit, the veterinarian shall make available to the client
an electronic or written record of the visit. The electronic or
written record shall include the veterinarian's license number.

(3)
Before conducting an evaluation of a patient via a telehealth visit,
the veterinarian advises the client of all of the following:

(a)
The veterinarian may ultimately recommend an in-person visit with the
veterinarian or another licensed veterinarian;

(b)
The veterinarian is prohibited under federal law from prescribing
certain drugs or medications based only on a telehealth visit;

(c)
The appointment for a telehealth visit may be terminated at any time.

(C)
A licensed veterinarian may prescribe drugs or medications after
establishing a veterinary-client-patient relationship via telehealth
services, except that all of the following apply:

(1)
The veterinarian may issue an initial prescription for not more than
fourteen days. The veterinarian may issue one refill for not more
than fourteen days if the veterinarian sees the patient for another
telehealth visit. For additional refills, the patient shall visit the
veterinarian in person.

(2)
The veterinarian shall notify the client that certain prescription
drugs or medications may be available at a pharmacy and, if
requested, the veterinarian will submit a prescription to a pharmacy
of the client's choosing;

(3)
The veterinarian shall not order, prescribe, or make available a
controlled substance, as defined in section 3719.01 of the Revised
Code, unless the veterinarian has performed an in-person physical
examination of the patient.

(D)(1)
Except as provided in division (D)(2) of this section, a licensed
veterinarian whose client is engaged in the raising of livestock for
human food products may not use telehealth services for those
livestock unless the veterinarian has established a
veterinary-client-patient relationship in person with respect to
those livestock prior to the use of telehealth services.

(2)
A licensed veterinarian whose client is engaged in the raising of
livestock for human food products may conduct tele-advice services
for those livestock prior to the veterinarian establishing a
veterinary-client-patient relationship in person with the client.

(E)
Division (D) of this section applies to the extent permitted under
federal law.

(F)
Nothing in this section shall be construed to invalidate or overrule
the provisions of Chapter 956. of the Revised Code.

(G)
For purposes of this section, the practice of veterinary medicine
occurs in the state in which the patient is located.

Sec.
4743.05.
(A)
Except as otherwise provided in sections 4701.20, 4723.062, 4723.082,
4729.65, 4781.121, and 4781.28 of the Revised Code, all money
collected under Chapters 3773., 4701., 4703., 4709., 4713., 4715.,
4717., 4723., 4725., 4729., 4732., 4733., 4734., 4741., 4744., 4747.,
4753., 4755., 4757., 4758., 4771., 4775., 4779., and 4781. of the
Revised Code

and
all license, certificate, and permit fees received by the state board
of education, including the fees established under section 3319.51 of
the Revised Code,

shall be paid into the state treasury to the credit of the
occupational licensing and regulatory fund, which is hereby created
for use in administering such chapters

and
in paying the operating expenses of the state board of education
.

(B)
At the end of each quarter, the director of budget and management
shall transfer from the occupational licensing and regulatory fund to
the nurse education assistance fund created in section 3333.28 of the
Revised Code the amount certified to the director under division (B)
of section 4723.08 of the Revised Code.

(C)
At the end of each quarter, the director shall transfer from the
occupational licensing and regulatory fund to the certified public
accountant education assistance fund created in section 4701.26 of
the Revised Code the amount certified to the director under division
(H)(2) of section 4701.10 of the Revised Code.

(D)
On August 30, 2021, and every two years thereafter, the director
shall transfer from the occupational licensing and regulatory fund to
the veterinary student debt assistance fund created in section
4741.56 of the Revised Code the amount certified to the director
under section 4741.57 of the Revised Code.

Sec.
4743.10.
(A)
As used in this section:

(1)
"Health care service" means medical care provided to any
patient at any time over the entire course of the patient's treatment
and may include one or more of the following: testing; diagnosis;
referral; dispensing or administering a drug, medication, or device;
psychological therapy or counseling; research; prognosis; therapy;
record making procedures and notes related to treatment; preparation
for or performance of a surgery or procedure; or any other care or
services performed or provided by any medical practitioner.

(2)
"Medical practitioner" means any person who facilitates or
participates in the provision of health care services, including
nursing, physician services, counseling and social work,
psychological and psychiatric services, research services, surgical
services, laboratory services, and the provision of pharmaceuticals
and may include any of the following: any student or faculty at a
medical, nursing, mental health, or counseling institution of higher
education or an allied health professional, paraprofessional, or
employee or contractor of a health care institution.

(3)
"Participation in a health care service" means to provide,
perform, assist with, facilitate, refer for, counsel for, advise with
regard to, admit for the purposes of providing, or take part in any
way in providing, any health care service.

(B)
Notwithstanding any conflicting provision of the Revised Code, a
medical practitioner, health care institution, or health care payer
has the freedom to decline to perform, participate in, or pay for any
health care service which violates the practitioner's, institution's,
or payer's conscience as informed by the moral, ethical, or religious
beliefs or principles held by the practitioner, institution, or
payer
,
including when the procedure is ordered by a court
.
Exercise of the right of conscience is limited to conscience-based
objections to a particular health care service.

(C)
Whenever a situation arises in which a requested course of treatment
includes a particular health care service that conflicts with the
moral, ethical, or religious beliefs or convictions of a medical
practitioner, the medical practitioner shall be excused from
participating in the particular health care service to which the
practitioner has a conflict.

When
a medical practitioner becomes aware of the conflict, the medical
practitioner shall notify the practitioner's supervisor, if
applicable, and request to be excused from participating in the
particular health care service that conflicts with the practitioner's
beliefs or convictions.

When
possible and when the medical practitioner is willing, the medical
practitioner shall seek to transfer the patient to a colleague who
will provide the requested health care service.

If
participation in a transfer of care for a particular health care
service violates the medical practitioner's beliefs or convictions or
no willing colleague is identified, the patient shall be notified and
provided the opportunity to seek an alternate medical practitioner.
Upon patient request, the patient's medical records shall be promptly
released to the patient.

The
medical practitioner is responsible for providing all appropriate
health care services, other than the particular health care service
that conflicts with the medical practitioner's beliefs or
convictions, until another medical practitioner or facility is
available.

(D)
A medical practitioner, health care institution, or health care payer
shall not be civilly, criminally, or administratively liable for
exercising the practitioner's, institution's, or payer's right of
conscience by declining to participate in or pay for a particular
health care service.

A
health care institution shall not be civilly, criminally, or
administratively liable for the exercise of conscience rights not to
participate in a particular health care service by a medical
practitioner who is employed by, under contract with, or granted
admitting privileges by the health care institution.

A
medical practitioner, health care institution, or health care payer
shall not be discriminated against or suffer any other adverse action
as a result of declining to participate in or pay for a particular
health care service on the basis of conscience.

(E)
Unless specifically prohibited by law, a medical practitioner shall
not be discriminated against or suffer any adverse action for
disclosing any information that the medical practitioner reasonably
believes evinces any violation of this section or any other law,
rule, or regulation; any violation of any standard of care or other
ethical guidelines for the provision of any health care service; or
gross mismanagement, a gross waste of funds, an abuse of authority,
or a substantial and specific danger to public health or safety.

(F)
A civil action for damages, injunctive relief, or any other
appropriate relief may be brought by any medical practitioner, health
care institution, or health care payer for any violation of any
provision of this section.

Upon
a finding of a violation of the rights of conscience in this section,
a court shall award threefold the actual damages sustained and
reasonable costs and attorney's fees. A court considering such civil
action may also award injunctive relief, which may include
reinstatement of a medical practitioner to the practitioner's
previous position, reinstatement of board certification, and
relicensure of a health care institution or health care payer.

(G)
This section shall not be construed to override the requirement to
provide emergency medical treatment to all patients as set forth in
42 U.S.C. § 1395dd.

(H)
With respect to the right of a health care payer to decline to pay
for a health care service as established in division (B) of this
section, the payer's right to decline applies only to payments and
health care services for which a contract has been entered into
between the payer and policyholder on or after
the
effective date of this section
September
30, 2021
.

Sec.
4749.01.
As
used in this chapter:

(A)
"Private investigator" means any person who engages in the
business of private investigation.

(B)
"Business of private investigation" means, except when
performed by one excluded under division (H) of this section, the
conducting, for hire, in person or through a partner or employees, of
any investigation relevant to any crime or wrong done or threatened,
or to obtain information on the identity, habits, conduct, movements,
whereabouts, affiliations, transactions, reputation, credibility, or
character of any person, or to locate and recover lost or stolen
property, or to determine the cause of or responsibility for any
libel or slander, or any fire, accident, or damage to property, or to
secure evidence for use in any legislative, administrative, or
judicial investigation or proceeding.

(C)
"Security guard provider" means any person who engages in
the business of security services.

(D)
"Business of security services" means either of the
following:

(1)
Furnishing, for hire, watchpersons, guards, private patrol officers,
or other persons whose primary duties are to protect persons or
property;

(2)
Furnishing, for hire, guard dogs, or armored motor vehicle security
services, in connection with the protection of persons or property.

(E)
"Class A license" means a license issued under section
4749.03 of the Revised Code that qualifies the person issued the
license to engage in the business of private investigation and the
business of security services.

(F)
"Class B license" means a license issued under section
4749.03 of the Revised Code that qualifies the person issued the
license to engage only in the business of private investigation.

(G)
"Class C license" means a license issued under section
4749.03 of the Revised Code that qualifies the person issued the
license to engage only in the business of security services.

(H)
"Private investigator," "business of private
investigation," "security guard provider," and
"business of security services" do not include:

(1)
Public officers and employees whose official duties require them to
engage in investigatory activities;

(2)
Attorneys at law or any expert hired by an attorney at law for
consultation or litigation purposes;

(3)
A consumer reporting agency, as defined in the "Fair Credit
Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a, as amended,
provided that the consumer reporting agency is in compliance with the
requirements of that act and that the agency's activities are
confined to any of the following:

(a)
The issuance of consumer credit reports;

(b)
The conducting of limited background investigations that pertain only
to a client's prospective tenant and that are engaged in with the
prior written consent of the prospective tenant;

(c)
The business of pre-employment background investigation. As used in
division (H)(3)(c) of this section, "business of pre-employment
background investigation" means, and is limited to, furnishing
for hire, in person or through a partner or employees, the conducting
of limited background investigations, in-person interviews, telephone
interviews, or written inquiries that pertain only to a client's
prospective employee and the employee's employment and that are
engaged in with the prior written consent of the prospective
employee.

(4)
Certified public insurance adjusters that hold a certificate of
authority issued pursuant to sections 3951.01 to 3951.09 of the
Revised Code, while the adjuster is investigating the cause of or
responsibility for a fire, accident, or other damage to property with
respect to a claim or claims for loss or damage under a policy of
insurance covering real or personal property;

(5)
Personnel placement services and persons who act as employees of such
entities engaged in investigating matters related to personnel
placement activities;

(6)
An employee in the regular course of the employee's employment,
engaged in investigating matters pertinent to the business of the
employee's employer or protecting property in the possession of the
employee's employer, provided the employer is deducting all
applicable state and federal employment taxes on behalf of the
employee and neither the employer nor the employee is employed by,
associated with, or acting for or on behalf of any private
investigator or security guard provider;

(7)
Any better business bureau or similar organization or any of its
employees while engaged in the maintenance of the quality of business
activities relating to consumer sales and services;

(8)
An accountant who is registered or certified under Chapter 4701. of
the Revised Code or any of the accountant's employees while engaged
in activities for which the accountant is certified or registered;

(9)
Any person who, for hire or otherwise, conducts genealogical research
in this state.

As
used in division (H)(9) of this section, "genealogical research"
means the determination of the origins and descent of families,
including the identification of individuals, their family
relationships, and the biographical details of their lives.
"Genealogical research" does not include furnishing for
hire services for locating missing persons or natural or birth
parents or children.

(10)
Any person residing in this state who conducts research for the
purpose of locating the last known owner of unclaimed funds, provided
that the person is in compliance with Chapter 169. of the Revised
Code and rules adopted thereunder. The exemption set forth in
division (H)(10) of this section applies only to the extent that the
person is conducting research for the purpose of locating the last
known owner of unclaimed funds.

As
used in division (H)(10) of this section, "owner" and
"unclaimed funds" have the same meanings as in section
169.01 of the Revised Code.

(11)
A professional engineer who is registered under Chapter 4733. of the
Revised Code or any of
his

the
engineer's
employees.

As
used in division (H)(11) of this section and notwithstanding division
(I) of this section, "employee" has the same meaning as in
section 4101.01 of the Revised Code.

(12)
Any person residing in this state who, for hire or otherwise,
conducts research for the purpose of locating persons to whom the
state of Ohio owes money in the form of warrants, as defined in
section 131.01 of the Revised Code, that the state voided but
subsequently reissues.

(13)
An independent insurance adjuster who, as an individual, an
independent contractor, an employee of an independent contractor,
adjustment bureau association, corporation, insurer, partnership,
local recording agent, managing general agent, or self-insurer,
engages in the business of independent insurance adjustment, or any
person who supervises the handling of claims except while acting as
an employee of an insurer licensed in this state while handling
claims pertaining to specific policies written by that insurer.

As
used in division (H)(13) of this section, "independent insurance
adjustment" means conducting investigations to determine the
cause of or circumstances concerning a fire, accident, bodily injury,
or damage to real or personal property; determining the extent of
damage of that fire, accident, injury, or property damage; securing
evidence for use in a legislative, administrative, or judicial
investigation or proceeding, adjusting losses; and adjusting or
settling claims, including the investigation, adjustment, denial,
establishment of damages, negotiation, settlement, or payment of
claims in connection with insurance contractors, self-insured
programs, or other similar insurance programs. "Independent
adjuster" does not include either of the following:

(a)
An attorney who adjusts insurance losses incidental to the practice
of law and who does not advertise or represent that the attorney is
an independent insurance adjuster;

(b)
A licensed agent or general agent of an insurer licensed in this
state who processes undisputed or uncontested losses for insurers
under policies issued by that agent or general agent.

(14)
Except for a commissioned peace officer who engages in the business
of private investigation or compensates others who engage in the
business of private investigation or the business of security
services or both, any commissioned peace officer as defined in
division (B) of section 2935.01 of the Revised Code.

(15)
Security personnel and contractors for a security organization under
an approved physical protection program at a commercial nuclear power
plant licensed by the United States nuclear regulatory commission, or
its successor agency, while performing duties related to protecting
the plant and nuclear material from threats, thefts, and sabotage.

(I)
"Employee" means every person who may be required or
directed by any employer, in consideration of direct or indirect gain
or profit, to engage in any employment, or to go, or work, or be at
any time in any place of employment, provided that the employer of
the employee deducts all applicable state and federal employment
taxes on behalf of the employee.

Sec.
4751.20.
(A)
Except as provided in section 4751.201 of the Revised Code, and
subject to section 4751.32 of the Revised Code, the board of
executives of long-term services and supports shall issue a nursing
home administrator license to an individual under this section if all
of the following requirements are satisfied:

(1)
The individual has submitted to the board a completed application for
the license in accordance with rules adopted under section 4751.04 of
the Revised Code

and
paid an application fee of two hundred fifty dollars
.

(2)
If the individual is required by rules adopted under section 4751.04
of the Revised Code to serve as a nursing home administrator
in
training
resident
,
the individual has paid to the board the
administrator
in training
application

fee
of
two
hundred
fifty
dollars.

(3)
The individual is at least twenty-one years of age.

(4)
The individual has successfully completed educational requirements
and work experience specified in rules adopted under section 4751.04
of the Revised Code, including, if so required by the rules,
experience obtained as a nursing home administrator
in
training
resident
.

(5)
The individual has complied with section 4776.02 of the Revised Code
regarding a criminal records check.

(6)
The board, in accordance with section 9.79 of the Revised Code, has
determined that the results of the criminal records check do not make
the individual ineligible for the license.

(7)
Except as provided in division (B) of this section, the individual
has passed the licensing examination administered under section
4751.15 of the Revised Code.

(8)

The
individual has paid to the board three hundred fifty dollars for a
temporary license issued under division (B) of this section.

(9)

The
individual has paid to the board a license fee of
two

eight

hundred

fifty

dollars.

(9)

(10)

The
individual has satisfied any additional requirements as may be
prescribed in rules adopted under section 4751.04 of the Revised
Code.

(B)
Beginning January 1, 2025, the operator of a nursing home may request
that the board issue a nursing home administrator license to an
individual who meets the requirements specified in division (A) of
this section but has not passed the licensing examination
administered under section 4751.15 of the Revised Code, in order to
fill a vacancy in the position of nursing home administrator at the
nursing home resulting from a death, illness, or other unexpected
cause. An individual issued a license under division (B) of this
section shall submit to the board, not later than one hundred eighty
days after a license is issued, satisfactory evidence that the
individual has passed the licensing examination administered under
section 4751.15 of the Revised Code.

(C)
A nursing home administrator license shall certify that the
individual to whom it was issued has met the applicable requirements
of this chapter and any applicable rules adopted under section
4751.04 of the Revised Code and is authorized to practice nursing
home administration while the license is valid.

Sec.
4751.24.
(A)
Subject to section 4751.32 of the Revised Code, a nursing home
administrator license is valid for two years and may be renewed and
reinstated in accordance with this section.

(B)
If a licensed nursing home administrator intends to continue to
practice nursing home administration without interruption after the
administrator's license expires, the administrator shall apply to the
board of executives of long-term services and supports for a renewed
nursing home administrator license. Subject to section 4751.32 of the
Revised Code, the board shall renew the license if the administrator
does all of the following before the license expires:

(1)
Submits to the board a completed application for license renewal in
accordance with rules adopted under section 4751.04 of the Revised
Code;

(2)
Pays to the board the license renewal fee of
six

eight

hundred
dollars;

(3)
Submits to the board satisfactory evidence of having attended such
continuing education programs or courses of study as may be
prescribed in rules adopted under section 4751.04 of the Revised
Code;

(4)
Satisfies any other requirements as may be prescribed in rules
adopted under section 4751.04 of the Revised Code.

(C)
If a nursing home administrator license issued under section 4751.20
or 4751.201 of the Revised Code is not renewed before it expires, the
individual who held the license may apply to the board for the
license's reinstatement. Subject to section 4751.32 of the Revised
Code, the board shall reinstate the license if the individual does
all of the following not later than one year after the date the
license expired:

(1)
Submits to the board the completed application for license
reinstatement in accordance with rules adopted under section 4751.04
of the Revised Code;

(2)
Pays to the board the license reinstatement fee equal to the sum of
the following:

(a)

Three

Eight

hundred
dollars;

(b)
Fifty dollars for each calendar quarter that occurs during the period
beginning on the date the license expires and ending on the last day
of the calendar quarter during which the individual applies for
license reinstatement, up to a maximum of two hundred dollars.

(3)
Submits to the board satisfactory evidence of having attended such
continuing education programs or courses of study as may be
prescribed in rules adopted by the board under section 4751.04 of the
Revised Code;

(4)
Satisfies any other requirements as may be prescribed in rules
adopted under section 4751.04 of the Revised Code.

(D)
A licensed nursing home administrator who determines to temporarily
abandon the practice of nursing home administration shall notify the
board in writing immediately. The former administrator may thereafter
resume the practice of nursing home administration within the state
upon complying with the requirements of this section regarding
biennial license renewal or license reinstatement, whichever is
applicable.

Sec.
4751.25.
(A)
Subject to section 4751.32 of the Revised Code, a health services
executive license is valid for one year and may be renewed and
reinstated in accordance with this section.

(B)
A licensed health services executive may apply to the board of
executives of long-term services and supports for a renewed license.
Subject to section 4751.32 of the Revised Code, the board shall renew
the license if the licensed health services executive does all of the
following before the license expires:

(1)
Submits to the board the completed application for license renewal in
accordance with rules adopted under section 4751.04 of the Revised
Code;

(2)
Pays to the board the license renewal fee of
fifty

one
hundred
dollars;

(3)
Submits to the board satisfactory evidence of having attended such
continuing education programs or courses of study as may be
prescribed in rules adopted under section 4751.04 of the Revised
Code.

(C)(1)
If a health services executive license is not renewed before it
expires, the individual who held the license may apply to the board
for the license's reinstatement. Subject to section 4751.32 of the
Revised Code, the board shall reinstate the license if the individual
does all of the following not later than one year after the date the
license expired:

(a)
Submits to the board the completed application for license
reinstatement in accordance with rules adopted under section 4751.04
of the Revised Code;

(b)
Pays to the board the license reinstatement fee specified in division
(C)(2) of this section;

(c)
Submits to the board satisfactory evidence of having attended such
continuing education programs or courses of study as may be
prescribed in rules adopted under section 4751.04 of the Revised
Code.

(2)
The fee to reinstate a health services executive license under
division (C)(1) of this section is the following:

(a)
If the individual applying for reinstatement has, at the same time,
applied for reinstatement of a nursing home administrator license
under division (C) of section 4751.24 of the Revised Code and paid
the reinstatement fee required by division (C)(2) of that section,
one hundred dollars;

(b)
If division (C)(2)(a) of this section does not apply to the
individual, the sum of the following:

(i)
One hundred dollars;

(ii)
Twenty-five dollars for each calendar quarter that occurs during the
period beginning on the date the license expired and ending on the
last day of the calendar quarter during which the individual applies
for license reinstatement, up to a maximum of one hundred dollars.

Sec.
4758.01.
As
used in this chapter:

(A)
"Accredited educational institution" means an educational
institution accredited by an accrediting agency accepted by the
Ohio
board
department

of

regents
higher
education
.

(B)(1)
"Alcohol and other drug clinical counseling principles, methods,
or procedures" means an approach to

chemical
dependency

substance
use disorder

counseling that emphasizes the chemical dependency counselor's role
in systematically assisting clients through all of the following:

(a)
Analyzing background and current information;

(b)
Exploring possible solutions;

(c)
Developing and providing a treatment plan;

(d)
In the case of an independent chemical dependency counselor-clinical
supervisor, independent chemical dependency counselor, or chemical
dependency counselor III only, diagnosing chemical dependency
conditions.

(2)
"Alcohol and other drug clinical counseling principles, methods,
or procedures" includes counseling, assessing, consulting, and
referral as they relate to
chemical
dependency
substance
use disorder
conditions.

(C)

"Chemical
dependency conditions" means those conditions relating to the
abuse of or dependency on alcohol or other drugs that are classified
in accepted nosologies, including the diagnostic and statistical
manual of mental disorders and the international classification of
diseases, and in editions of those nosologies published after
December 23, 2002.

(D)
"Chemical dependency counseling" means rendering or
offering to render to individuals, groups, or the public a counseling
service involving the application of alcohol and other drug clinical
counseling principles, methods, or procedures to assist individuals
who are abusing or dependent on alcohol or other drugs.

(E)

"Gambling disorder" means a persistent and recurring
maladaptive gambling behavior that is classified in accepted
nosologies, including the diagnostic and statistical manual of mental
disorders and the international classification of diseases, and in
editions of those nosologies published after September 15, 2014.

(F)
(D)

"Prevention services" means a comprehensive, multi-system
set of individual and environmental approaches that maximizes
physical health, promotes safety, and precludes the onset of
behavioral health disorders.

(G)
(E)

Unless the context provides otherwise, "scope of practice"
means the services, methods, and techniques in which and the areas
for which a person who holds a license, certificate, or endorsement
under this chapter is trained and qualified.

(H)
(F)

"Substance abuse professional" has the same meaning as in
49 C.F.R. 40.3.

(G)
"Substance use disorder conditions" means those conditions
relating to the abuse of or dependency on alcohol or other drugs that
are classified in accepted nosologies, including the diagnostic and
statistical manual of mental disorders and the international
classification of diseases, and in editions of those nosologies
published after December 23, 2002.

(H)
"Substance use disorder counseling" means rendering or
offering to render to individuals, groups, or the public a counseling
service involving the application of alcohol and other drug clinical
counseling principles, methods, or procedures to assist individuals
who are abusing or dependent on alcohol or other drugs.

(I)
"
U.S.
United
States

department of transportation drug and alcohol testing program"
means a transportation workplace drug and alcohol testing program
governed by 49 C.F.R. part 40.

Sec.
4758.02.
(A)

Except
as provided in section 4758.03 of the Revised Code, no person shall
do any of the following:

(1)
(A)

Engage in or represent to the public that the person engages in

chemical
dependency
substance
use disorder
counseling
for a fee, salary, or other consideration unless the person holds a
valid independent chemical dependency counselor-clinical supervisor
license, independent chemical dependency counselor license, chemical
dependency counselor III license, chemical dependency counselor II
license, or chemical dependency counselor assistant certificate
issued under this chapter;

(2)
(B)

Use the title "licensed independent chemical dependency
counselor-clinical supervisor," "LICDC-CS," "licensed
independent chemical dependency counselor," "LICDC,"
"licensed chemical dependency counselor III," "LCDC
III," "licensed chemical dependency counselor II,"
"LCDC II," "chemical dependency counselor assistant,"
"CDCA," or any other title or description incorporating the

word

words

"chemical
dependency counselor" or any other initials used to identify
persons acting in those capacities unless currently authorized under
this chapter to act in the capacity indicated by the title or
initials;

(3)
(C)

Represent to the public that the person holds a gambling disorder
endorsement unless the person holds a valid gambling disorder
endorsement issued under this chapter;

(4)
(D)

Represent to the public that the person is a registered applicant
unless the person holds a valid registered applicant certificate
issued under this chapter;

(5)
(E)

Use the title "certified prevention consultant," "CPC,"
"certified prevention specialist," "CPS,"
"certified prevention specialist assistant," "CPSA,"
"registered applicant," "RA," or any other title,
description, or initials used to identify persons acting in those
capacities unless currently authorized under this chapter to act in
the capacity indicated by the title or initials.

(B)
No person shall engage in or represent to the public that the person
engages in chemical dependency counseling as a chemical dependency
counselor I.

Sec.
4758.03.
Division
(A) of section
Section

4758.02
of the Revised Code does not apply to any of the following:

(A)
An individual who holds a valid license, registration, certificate,
or credentials issued under another chapter of the Revised Code while
performing services within the recognized scope, standards, and
ethics of the individual's profession;

(B)
An individual who is a rabbi, priest, Christian Science practitioner,
clergy, or member of a religious order and other individuals
participating with them in pastoral counseling when the
chemical
dependency
substance
use disorder
counseling
activities are within the scope of the performance of their regular
or specialized ministerial duties and are performed under the
auspices or sponsorship of an established and legally cognizable
church, denomination, or sect or an integrated auxiliary of a church
as defined in paragraph (h) of 26 Code of Federal Regulations
1.6033-2 (2000) as amended, and the individual rendering the service
remains accountable to the established authority of that church,
denomination, sect, or integrated auxiliary;

(C)
A student in an accredited educational institution while carrying out
activities that are part of the student's prescribed course of study
if the activities are supervised as required by the educational
institution and the student is not represented as an individual who
holds a license or certificate issued under this chapter.

Sec.
4758.10.
(A)
There is hereby created the chemical dependency professionals board.

(B)
The governor shall appoint all of the following voting members of the
board with the advice and consent of the senate:

(1)
Four individuals who hold a valid independent chemical dependency
counselor-clinical supervisor license or independent chemical
dependency counselor license issued under this chapter, including at
least two of whom have received at least a master's degree in a field
related to
chemical
dependency
substance
use disorder
counseling
from an accredited educational institution;

(2)
Two individuals who hold a valid chemical dependency counselor III
license issued under this chapter;

(3)
One individual who holds a valid chemical dependency counselor II
license issued under this chapter;

(4)
Two individuals who hold a valid prevention consultant certificate or
prevention specialist certificate issued under this chapter;

(5)
One individual who is authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery or osteopathic medicine and
surgery and has experience practicing in a field related to chemical
dependency counseling;

(6)
Two individuals who represent the public and have not practiced

chemical
dependency
substance
use disorder
counseling
or prevention services and have not been involved in the delivery of

chemical
dependency
substance
use disorder
counseling
services or prevention services. At least one of these individuals
shall be at least fifty years of age. During their terms, the public
members shall not practice
chemical
dependency
substance
use disorder
counseling
or prevention services or be involved in the delivery of
chemical
dependency
substance
use disorder
counseling
services or prevention services.

(C)

Not
later than ninety days after December 23, 2002, the
The

director
of mental health and addiction services shall appoint an individual
who represents the department of mental health and addiction services
to serve as an ex officio member of the chemical dependency
professionals board.

(D)
Not more than one-half of the voting members of the board may be
of
the same gender or
members
of the same political party.

At
least two voting members of the board shall be of African, Native
American, Hispanic, or Asian descent.

Sec.
4758.13.
The
chemical dependency professionals board shall meet to discuss matters
relating to the administration and operation of the board and the
regulation of the practices of
chemical
dependency
substance
use disorder
counseling
and prevention services. The board shall hold at least one regular
meeting every three months. Additional meetings may be held at such
times as the board determines, on the call of the chairperson, or on
the written request to the executive director of three or more voting
board members. If three or more voting members request a meeting, the
executive director shall call a meeting, which shall be held not
later than seven days after the request is received.

Seven
voting members of the board constitute a quorum to conduct business.
Except as provided in section 4758.32 of the Revised Code, no action
shall be taken without the concurrence of at least a quorum.

At
its first meeting each year, the board shall elect a chairperson from
among its voting members. No member shall serve more than two
consecutive terms as chairperson.

The
board shall keep any records and minutes necessary to fulfill the
duties established by this chapter and rules adopted under it.

Sec.
4758.20.
(A)
The chemical dependency professionals board shall adopt rules to
establish, specify, or provide for all of the following:

(1)
Fees for the purposes authorized by section 4758.21 of the Revised
Code;

(2)
If the board, pursuant to section 4758.221 of the Revised Code,
elects to administer examinations for individuals seeking to act as
substance abuse professionals in a
U.S.
United
States

department of transportation drug and alcohol testing program, the
board's administration of the examinations;

(3)
For the purpose of section 4758.23 of the Revised Code, codes of
ethical practice and professional conduct for individuals who hold a
license, certificate, or endorsement issued under this chapter;

(4)
For the purpose of section 4758.24 of the Revised Code, all of the
following:

(a)
The documents that an individual seeking such a license, certificate,
or endorsement must submit to the board;

(b)
Requirements to obtain the license, certificate, or endorsement that
are in addition to the requirements established under sections
4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44, 4758.45,
4758.46, 4758.47, and 4758.48 of the Revised Code. The additional
requirements may include
preceptorships
internships
and practicums
.

(c)
The period of time that an individual whose registered applicant
certificate has expired must wait before applying for a new
registered applicant certificate.

(5)
For the purpose of section 4758.28 of the Revised Code, requirements
for approval of continuing education courses of study for individuals
who hold a license, certificate, or endorsement issued under this
chapter;

(6)
For the purpose of section 4758.30 of the Revised Code,
both
of
the

following:

(a)
The
intervention
for and treatment of an individual holding a license, certificate, or
endorsement issued under this chapter whose abilities to practice are
impaired due to abuse of or dependency on alcohol or other drugs or
other physical or mental condition;

(7)
(b)

Requirements governing reinstatement of a suspended or revoked
license, certificate, or endorsement

under
division (C) of section 4758.30 of the Revised Code
,
including requirements for determining the amount of time an
individual must wait to apply for reinstatement
;

(8)
.

(7)

For the purpose of section 4758.31 of the Revised Code, methods of
ensuring that all records the board holds pertaining to an
investigation remain confidential during the investigation;

(9)
(8)

Criteria for employees of the board to follow when performing their
duties under division (B) of section 4758.35 of the Revised Code;

(10)
(9)

For the purpose of division
(A)(1)
(A)

of section 4758.39

and
,

division
(A)(1)
(A)

of section 4758.40
,

and
division (A) of section 4758.41
of
the Revised Code, course requirements for a degree in a behavioral
science or nursing that may include specific content areas and
minimum hours for course requirements;

(11)
(10)

For the purpose of division
(A)(2)
(B)

of section 4758.39 of the Revised Code, the number of hours of
compensated work or supervised internship experience that an
individual must have and the number of those hours that must be in
clinical supervisory experience;

(12)
(11)

For the purpose of division
(A)(3)
(C)

of section 4758.39, division
(A)(3)
(C)

of section 4758.40, division
(A)(3)

(C)

of
section 4758.41, and
divisions

division

(A)(3)

and
(D)(3)

of section 4758.42 of the Revised Code, both of the following:

(a)
The number of hours of training in
chemical
dependency
substance
use disorders
an
individual must have;

(b)
Training requirements for
chemical
dependency
substance
use disorders
that
shall, at a minimum, include qualifications for the individuals who
provide the training and the content areas covered in the training.

(13)
(12)

For the purpose of division
(A)(2)
(B)

of section 4758.40, division
(A)(2)
(B)

of section 4758.41, and division (A)(2) of section 4758.42 of the
Revised Code, the number of hours of compensated work or supervised
internship experience that an individual must have;

(14)
For the purpose of division (B)(2)(b) of section 4758.40 and division
(B)(2) of section 4758.41 of the Revised Code, requirements for the
forty clock hours of training on the version of the diagnostic and
statistical manual of mental disorders that is current at the time of
the training, including the number of the clock hours that must be on
substance-related disorders, the number of the clock hours that must
be on chemical dependency conditions, and the number of the clock
hours that must be on awareness of other mental and emotional
disorders;

(15)
(13)

For the purpose of division
(A)(1)

(A)

of
section 4758.41 of the Revised Code, course requirements for a degree
in a behavioral science or nursing;

(16)
(14)

For the purpose
of
division (C)(2)
of
section 4758.42 of the Revised Code,
education

both
of the following:

(a)
Education
requirements
for
chemical
dependency
substance
use disorders
;

(17)
For the purpose of division (C)(3) of section 4758.42 of the Revised
Code, requirements
(b)
Requirements
for
programs that provide practicum experience in
chemical
dependency;

(18)
substance
use disorders.

(15)

For the purpose of
division
(A) of
section
4758.43 of the Revised Code, both of the following:

(a)
The number of hours of training in
chemical
dependency
substance
use disorder
counseling
that an individual must have;

(b)
Training requirements for
chemical
dependency
substance
use disorder
counseling
that shall, at a minimum, include qualifications for the individuals
who provide the training and the content areas covered in the
training.

(19)
(16)

For the purpose of
division
(A)(1) of
section
4758.44 of the Revised Code,
the

both
of the following:

(a)
The
number
of hours of compensated work experience in prevention services that
an individual must have and the number of those hours that must be in
administering or supervising the services;

(20)
For the purpose of division (A)(2) of section 4758.44 of the Revised
Code, the
(b)
The
field
of study in which an individual must obtain at least a bachelor's
degree
;

(21)
.

(17)

For the purpose of division
(A)(3)
(C)

of section 4758.44, division
(A)(3)
(C)

of section 4758.45, and division (D) of section 4758.46 of the
Revised Code, both of the following:

(a)
The number of hours of prevention-related education that an
individual must have;

(b)
Requirements for prevention-related education.

(22)

(18)

For
the purpose of division
(A)(4)
(D)

of section 4758.44 of the Revised Code, the number of hours of
administrative or supervisory education that an individual must have;

(23)
(19)

For the purpose of
division
(A)(1) of
section
4758.45 of the Revised Code,
the

both
of the following:

(a)
The
number
of hours of compensated or volunteer work, field placement, intern,
or practicum experience in prevention services that an individual
must have and the number of those hours that must be in planning or
delivering the services;

(24)
For the purpose of division (A)(2) of section 4758.45 of the Revised
Code, the
(b)
The
field
of study in which an individual must obtain at least an associate's
degree
;

(25)

.

(20)

For
the purpose of division (C) of section 4758.46 of the Revised Code,
the number of hours of compensated or volunteer work, field
placement, intern, or practicum experience in prevention services
that an individual must have;

(26)
(21)

Standards for the one hundred hours of compensated work or supervised
internship in gambling disorder direct clinical experience required
by division (B)(2) of section 4758.48 of the Revised Code;

(27)
(22)

For the purpose of section 4758.51 of the Revised Code,
continuing

both
of the following:

(a)
Continuing
education
requirements for individuals who hold a license, certificate, or
endorsement issued under this chapter;

(28)
For the purpose of section 4758.51 of the Revised Code, the
(b)
The
number
of hours of continuing education that an individual must complete to
have an expired license, certificate, or endorsement restored under
section 4758.26 of the Revised Code
;

(29)

.

(23)

For
the purpose of divisions (A) and (B) of section 4758.52 of the
Revised Code, training requirements for
chemical
dependency
substance
use disorder
counseling;

(30)
(24)

The duties, which may differ, of all of the following:

(a)
An independent chemical dependency counselor-clinical supervisor
licensed under this chapter who supervises a chemical dependency
counselor III under section 4758.56 of the Revised Code;

(b)
An independent chemical dependency counselor-clinical supervisor,
independent chemical dependency counselor, or chemical dependency
counselor III licensed under this chapter who supervises a chemical
dependency counselor assistant under section 4758.59 of the Revised
Code;

(c)
A prevention consultant or prevention specialist certified under this
chapter who supervises a prevention specialist assistant or
registered applicant under section 4758.61 of the Revised Code.

(31)
(25)

The duties of an independent chemical dependency counselor licensed
under this chapter who holds the gambling disorder endorsement who
supervises a chemical dependency counselor III with the gambling
disorder endorsement under section 4758.62 of the Revised Code.

(32)
(26)

Anything else
the
board considers
necessary
to administer this chapter.

(B)
All rules adopted under this section shall be adopted in accordance
with Chapter 119. of the Revised Code and any applicable federal laws
and regulations.

(C)
When it adopts rules under this section, the board may consider
standards established by any national association or other
organization representing the interests of those involved in
chemical
dependency
substance
use disorder
counseling
or prevention services.

Sec.
4758.22.
The
chemical dependency professionals board shall prepare, cause to be
prepared, or procure the use of, and grade, cause to be graded, or
procure the grading of, examinations to determine the competence of
individuals seeking an independent chemical dependency
counselor-clinical supervisor license, independent chemical
dependency counselor license, chemical dependency counselor III
license, chemical dependency counselor II license, prevention
consultant certificate, or prevention specialist certificate. The
board may develop the examinations or use examinations prepared by
state or national organizations that represent the interests of those
involved in
chemical
dependency
substance
use disorder
counseling
or prevention services. The board shall conduct examinations at least
twice each year and shall determine the level of competence necessary
for a passing score.

An
individual may not sit for an examination administered pursuant to
this section unless the individual meets the requirements to obtain
the license or certificate the individual seeks, other than the
requirement to have passed the examination, and pays the fee
established under section 4758.21 of the Revised Code. An individual
who is denied admission to the examination may appeal the denial in
accordance with Chapter 119. of the Revised Code.

Sec.
4758.221.
In
accordance with rules adopted under section 4758.20 of the Revised
Code, the chemical dependency professionals board may administer
examinations for individuals seeking to act as substance abuse
professionals in a
U.S.
United
States

department of transportation drug and alcohol testing program. If it
elects to administer the examinations, the board shall use
examinations that comprehensively cover all the elements of substance
abuse professional qualification training listed in 49 C.F.R.
40.281(c)(1) and are prepared by a nationally recognized professional
or training organization that represents the interests of those
involved in
chemical
dependency
substance
use disorder
counseling
services.

Sec.
4758.23.
(A)
In rules adopted under section 4758.20 of the Revised Code, the
chemical dependency professionals board shall establish codes of
ethical practice and professional conduct for the following:

(1)
Individuals who hold a valid independent chemical dependency
counselor-clinical supervisor license, independent chemical
dependency counselor license, chemical dependency counselor III
license, chemical dependency counselor II license, or chemical
dependency counselor assistant certificate issued under this chapter;

(2)
Individuals who hold a valid prevention consultant certificate,
prevention specialist certificate, prevention specialist assistant
certificate, or registered applicant certificate issued under this
chapter;

(3)
Individuals who hold a valid gambling disorder endorsement.

(B)
The codes for individuals identified under division
(A)(1)
(A)

of this section shall define unprofessional conduct, which shall
include engaging in
a
dual relationship
multiple
relationships
with
a client, former client, consumer, or former consumer; committing an
act of sexual abuse, misconduct, or exploitation of a client, former
client, consumer, or former consumer; and, except as permitted by
law, violating client or consumer confidentiality.

(C)

The
codes for individuals identified under
division
(A)(1)
divisions
(A)(1) and (2)

of this section may be based on any codes of ethical practice and
professional conduct developed by national associations or other
organizations representing the interests of those involved in

chemical
dependency
substance
use disorder
counseling

or
prevention services
.

The
codes for individuals identified under division (A)(2) of this
section may be based on any codes of ethical practice and
professional conduct developed by national associations or other
organizations representing the interests of those involved in
prevention services.

The board may establish standards in the codes that are more
stringent than those established by the national associations or
other organizations.

Sec.
4758.24.
(A)
The chemical dependency professionals board shall issue a license,
certificate, or endorsement under this chapter to an individual who
meets all of the following requirements:

(1)

Except
as provided in section 4758.241 of the Revised Code, submits
Submits

a
properly completed application and all other documentation specified
in rules adopted under section 4758.20 of the Revised Code;

(2)

Except
as provided in section 4758.241 of the Revised Code, pays
Pays

the
fee established under section 4758.21 of the Revised Code for the
license, certificate, or endorsement that the individual seeks;

(3)
Meets the requirements to obtain the license, certificate, or
endorsement that the individual seeks as specified in section
4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44, 4758.45,
4758.46, 4758.47, or 4758.48 of the Revised Code;

(4)
Meets any additional requirements specified in rules adopted under
section 4758.20 of the Revised Code to obtain the license,
certificate, or endorsement that the individual seeks.

(B)
The board shall not
do
either of the following:

(1)
Issue a certificate to practice as a chemical dependency counselor I;

(2)
Issue
issue

a
new registered applicant certificate to an individual whose previous
registered applicant certificate has been expired for less than the
period of time specified in rules adopted under section 4758.20 of
the Revised Code.

Sec.
4758.27.
The
chemical dependency professionals board shall not renew or restore
under section 4758.26 of the Revised Code
either
of the following:

(A)
A certificate to practice as a chemical dependency counselor I;

(B)
A
a

registered
applicant certificate.

Sec.
4758.30.
(A)
The chemical dependency professionals board, in accordance with
Chapter 119. of the Revised Code, may, except as provided in division
(B) of this section, refuse to issue a license, certificate, or
endorsement applied for under this chapter; refuse to renew or
restore a license, certificate, or endorsement issued under this
chapter; suspend, revoke, or otherwise restrict a license,
certificate, or endorsement issued under this chapter; or reprimand
an individual holding a license, certificate, or endorsement issued
under this chapter. These actions may be taken by the board regarding
the applicant for a license, certificate, or endorsement or the
individual holding a license, certificate, or endorsement for one or
more of the following reasons:

(1)
Violation of any provision of this chapter or rules adopted under it;

(2)
Knowingly making a false statement on an application for a license,
certificate, or endorsement or for renewal, restoration, or
reinstatement of a license, certificate, or endorsement;

(3)
Acceptance of a commission or rebate for referring an individual to a
person who holds a license or certificate issued by, or who is
registered with, an entity of state government, including persons
practicing
chemical
dependency
substance
use disorder
counseling,
prevention services, gambling disorder counseling, or fields related
to
chemical
dependency counseling, prevention services, or gambling disorder
counseling
any
of the foregoing
;

(4)
Conviction in this
state

or
any other
state

jurisdiction

of
any crime that is a felony in this state;

(5)
Conviction in this
state

or
any other
state

jurisdiction

of
a misdemeanor committed in the course of practice as an independent
chemical dependency counselor-clinical supervisor, independent
chemical dependency counselor, chemical dependency counselor III,
chemical dependency counselor II, chemical dependency counselor
assistant, prevention consultant, gambling disorder endorsee,
prevention specialist, prevention specialist assistant, or registered
applicant;

(6)
Inability to practice as an independent chemical dependency
counselor-clinical supervisor, independent chemical dependency
counselor, chemical dependency counselor III, chemical dependency
counselor II, chemical dependency counselor assistant, gambling
disorder endorsee, prevention consultant, prevention specialist,
prevention specialist assistant, or registered applicant due to abuse
of or dependency on alcohol or other drugs or
other
physical or
by
reason of
mental

condition
illness
or physical illness, including physical deterioration that adversely
affects cognitive, motor, or perceptive skills
;

(7)
Practicing outside the individual's scope of practice;

(8)
Practicing without complying with the supervision requirements
specified under section 4758.56, 4758.59, 4758.61, or 4758.62 of the
Revised Code;

(9)
Violation of the code of ethical practice and professional conduct
for
chemical
dependency
substance
use disorder
counseling,
prevention services, or gambling disorder counseling adopted by the
board pursuant to section 4758.23 of the Revised Code;

(10)
Revocation of a license, certificate, or endorsement or voluntary
surrender of a license, certificate, or endorsement in another state
or jurisdiction for an offense that would be a violation of this
chapter.

(B)
The board shall not refuse to issue a license, certificate, or
endorsement to an applicant because of a criminal conviction unless
the refusal is in accordance with section 9.79 of the Revised Code.

(C)
An individual whose license, certificate, or endorsement has been
suspended or revoked under this section may apply to the board for
reinstatement after an amount of time the board shall determine in
accordance with rules adopted under section 4758.20 of the Revised
Code. The board may accept or refuse an application for
reinstatement. The board may require an examination for reinstatement
of a license, certificate, or endorsement that has been suspended or
revoked.

Sec.
4758.31.
The
chemical dependency professionals board shall investigate alleged
violations of this chapter or the rules adopted under it and alleged
irregularities in the delivery of
chemical
dependency
substance
use disorder
counseling
services, prevention services, or gambling disorder counseling
services by individuals who hold a license, certificate, or
endorsement issued under this chapter. As part of an investigation,
the board may issue subpoenas, examine witnesses, and administer
oaths.

The
board may receive any information necessary to conduct an
investigation under this section that has been obtained in accordance
with federal laws and regulations. If the board is investigating the
provision of
chemical
dependency
substance
use disorder
counseling
services or gambling disorder counseling services to a couple or
group, it is not necessary for both members of the couple or all
members of the group to consent to the release of information
relevant to the investigation.

The
board shall ensure, in accordance with rules adopted under section
4758.20 of the Revised Code, that all records it holds pertaining to
an investigation remain confidential during the investigation. After
the investigation, the records are public records except as otherwise
provided by federal or state law.

Sec.
4758.35.
(A)
An individual seeking a license, certificate, or endorsement issued
under this chapter shall
file
with
submit
an application to
the
chemical dependency professionals board
a
written application on a form prescribed by
in
a manner that
the
board

shall
prescribe
.
Each
form

application

shall
state that a false statement made on the
form

application

is
the crime of falsification under section 2921.13 of the Revised Code.

(B)
The board shall require an individual or individuals employed by the
board under section 4758.15 of the Revised Code to do both of the
following in accordance with criteria established by rules adopted
under section 4758.20 of the Revised Code:

(1)
Receive and review all applications submitted to the board;

(2)
Submit to the board all applications the individual or individuals
recommend the board review based on the criteria established in the
rules.

(C)
The board shall review all applications submitted to the board
pursuant to division (B)(2) of this section.

Sec.
4758.36.
As
part of the review process under division (C) of section 4758.35 of
the Revised Code of an application submitted by an applicant whose
education or experience in
chemical
dependency
substance
use disorder
counseling,
prevention services, or gambling disorder counseling was obtained
outside the United States, or whose education and experience both
were obtained outside the United States, the chemical dependency
professionals board shall determine whether the applicant's command
of the English language and education or experience meet the
standards required by this chapter and rules adopted under it.

Sec.
4758.39.
An
individual seeking an independent chemical dependency
counselor-clinical supervisor license shall meet
the
requirements of division (A) or (B) of this section.

(A)
To meet the requirements of this division, an individual must meet

all
of the following requirements:

(1)
(A)

Hold from an accredited educational institution at least a master's
degree in either a behavioral science or nursing that meets the
course requirements specified in rules adopted under section 4758.20
of the Revised Code;

(2)
(B)

Have not less than the number of hours specified in rules adopted
under section 4758.20 of the Revised Code of compensated work or
supervised internship experience, including at least the number of
hours specified in those rules of clinical supervisory experience, in
any of the following, not less than twenty per cent of which are in

chemical
dependency
substance
use disorder
counseling:

(a)
Chemical dependency services, substance abuse services, or both types
of
(1)
Substance use disorder
services;

(b)
(2)

The practice of psychology, as defined in section 4732.01 of the
Revised Code;

(c)
(3)

The practice of professional counseling, the practice of social work,
or the practice of marriage and family therapy, all as defined in
section 4757.01 of the Revised Code.

(3)
(C)

Have a minimum of the number of hours specified in rules adopted
under section 4758.20 of the Revised Code of training in
chemical
dependency
substance
use disorders
that
meets the requirements specified in those rules;

(4)
(D)

Unless the individual holds a valid license, registration,
certificate, or credentials issued under another chapter of the
Revised Code that authorizes the individual to engage in a profession
whose scope of practice includes the clinical supervision of
chemical
dependency
substance
use disorder
counseling,

chemical
dependency
substance
use disorder
counseling,
and diagnosing and treating
chemical
dependency
substance
use disorder
conditions,
pass one or more examinations administered pursuant to section
4758.22 of the Revised Code for the purpose of determining competence
to practice as an independent chemical dependency counselor-clinical
supervisor.

(B)
To meet the requirement of this division, an individual must hold, on
March 22, 2013, a valid independent chemical dependency counselor
license.

Sec.
4758.40.
An
individual seeking an independent chemical dependency counselor
license shall
meet
the requirements of division (A) or (B) of this section.

(A)
To meet the requirements of this division, an individual must
meet
all of the following requirements:

(1)
(A)

Hold from an accredited educational institution at least a master's
degree in a behavioral science or nursing that meets the course
requirements specified in rules adopted under section 4758.20 of the
Revised Code;

(2)
(B)

Have not less than the number of hours specified in rules adopted
under section 4758.20 of the Revised Code of compensated work or
supervised internship experience in any of the following, not less
than twenty per cent of which are in
chemical
dependency
substance
use disorder
counseling:

(a)
Chemical dependency services, substance abuse services, or both types
of
(1)
Substance use disorder
services;

(b)
(2)

The practice of psychology, as defined in section 4732.01 of the
Revised Code;

(c)
(3)

The practice of professional counseling, the practice of social work,
or the practice of marriage and family therapy, all as defined in
section 4757.01 of the Revised Code.

(3)
(C)

Have a minimum of the number of hours specified in rules adopted
under section 4758.20 of the Revised Code of training in
chemical
dependency
substance
use disorders
that
meets the requirements specified in those rules;

(4)
(D)

Unless the individual holds a valid license, registration,
certificate, or credentials issued under another chapter of the
Revised Code that authorizes the individual to engage in a profession
whose scope of practice includes
chemical
dependency
substance
use disorder
counseling
and diagnosing and treating
chemical
dependency
substance
use disorder
conditions,
pass one or more examinations administered pursuant to section
4758.22 of the Revised Code for the purpose of determining competence
to practice as an independent chemical dependency counselor.

(B)
To meet the requirements of this division, an individual must meet
both of the following requirements:

(1)
Hold, on December 23, 2002, a certificate or credentials that were
accepted under former section 3793.07 of the Revised Code as
authority to practice as a certified chemical dependency counselor
III or certified chemical dependency counselor III-E;

(2)
Meet one of the following requirements:

(a)
Hold the degree described in division (A)(1) of this section;

(b)
Have held a chemical dependency counselor III, II, or I certificate
for at least eight consecutive years and have not less than forty
clock hours of training on the version of the diagnostic and
statistical manual of mental disorders that is current at the time of
the training. The training must meet the requirements specified in
rules adopted under section 4758.20 of the Revised Code. An
individual authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery, a
psychologist licensed under Chapter 4732. of the Revised Code, or a
licensed professional clinical counselor or independent social worker
licensed under Chapter 4757. of the Revised Code may provide any
portion of the training. An independent chemical dependency counselor
licensed under this chapter who holds the degree described in
division (A)(1) of this section may provide the portion of the
training on chemical dependency conditions.

Sec.
4758.41.
An
individual seeking a chemical dependency counselor III license shall

meet
the requirements of division (A), (B), or (C) of this section.

(A)
To meet the requirements of this division, an individual must
meet
all of the following requirements:

(1)
(A)

Hold from an accredited educational institution at least a bachelor's
degree in a behavioral science or nursing that meets the course
requirements specified in rules adopted under section 4758.20 of the
Revised Code;

(2)
(B)

Have not less than the number of hours specified in rules adopted
under section 4758.20 of the Revised Code of compensated work or
supervised internship experience in any of the following, not less
than twenty per cent of which are in
chemical
dependency
substance
use disorder
counseling:

(a)
Chemical dependency services, substance abuse services, or both types
of
(1)
Substance use disorder
services;

(b)
(2)

The practice of psychology, as defined in section 4732.01 of the
Revised Code;

(c)
(3)

The practice of professional counseling, the practice of social work,
or the practice of marriage and family therapy, all as defined in
section 4757.01 of the Revised Code.

(3)
(C)

Have a minimum of the number of hours specified in rules adopted
under section 4758.20 of the Revised Code of training in
chemical
dependency
substance
use disorders
that
meets the requirements specified in those rules;

(4)
(D)

Unless the individual holds a valid license, registration,
certificate, or credentials issued under another chapter of the
Revised Code that authorizes the individual to engage in a profession
whose scope of practice includes
chemical
dependency
substance
use disorder
counseling
and diagnosing and treating
chemical
dependency
substance
use disorder
conditions,
pass one or more examinations administered pursuant to section
4758.22 of the Revised Code for the purpose of determining competence
to practice as a chemical dependency counselor III.

(B)
To meet the requirements of this division, an individual must meet
both of the following requirements:

(1)
Hold, on December 23, 2002, a certificate or credentials that were
accepted under former section 3793.07 of the Revised Code as
authority to practice as a certified chemical dependency counselor
III or certified chemical dependency counselor III-E;

(2)
Have not less than forty clock hours of training on the version of
the diagnostic and statistical manual of mental disorders that is
current at the time of the training. The training must meet the
requirements specified in rules adopted under section 4758.20 of the
Revised Code. An individual authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery or osteopathic medicine
and surgery, a psychologist licensed under Chapter 4732. of the
Revised Code, or a licensed professional clinical counselor or
independent social worker licensed under Chapter 4757. of the Revised
Code may provide any portion of the training. An independent chemical
dependency counselor licensed under this chapter who holds the degree
described in division (A)(1) of section 4758.40 of the Revised Code
may provide the portion of the training on chemical dependency
conditions.

(C)
To meet the requirements of this division, an individual must meet
all of the following requirements:

(1)
Hold, on December 23, 2002, a certificate or credentials that were
accepted under former section 3793.07 of the Revised Code as
authority to practice as a certified chemical dependency counselor
II;

(2)
Meet the requirement of division (B)(2) of this section;

(3)
Hold a bachelor's degree in a behavioral science.

Sec.
4758.42.
An
individual seeking a chemical dependency counselor II license shall
meet the requirements of division (A)
,

or

(B)
,
or (C)

of this section

or,
until three years after the effective date of this amendment,
division (A), (B), (C), or (D) of this section
.

(A)
To meet the requirements of this division, an individual must meet
all of the following requirements:

(1)
Hold from an accredited educational institution an associate's degree
in a behavioral science or nursing or a bachelor's degree in any
field;

(2)
Have not less than the number of hours specified in rules adopted
under section 4758.20 of the Revised Code of compensated work or
supervised internship experience in any of the following, not less
than twenty per cent of which are in
chemical
dependency
substance
use disorder
counseling:

(a)

Chemical
dependency services, substance abuse services, or both types of

Substance
use disorder
services;

(b)
The practice of psychology, as defined in section 4732.01 of the
Revised Code;

(c)
The practice of professional counseling, the practice of social work,
or the practice of marriage and family therapy, all as defined in
section 4757.01 of the Revised Code.

(3)
Have a minimum of the number of hours specified in rules adopted
under section 4758.20 of the Revised Code of training in
chemical
dependency
substance
use disorders
that
meets the requirements specified in those rules;

(4)
Pass one or more examinations administered pursuant to section
4758.22 of the Revised Code for the purpose of determining competence
to practice as a chemical dependency counselor II.

(B)

To
meet the requirement of this division, an individual must hold, on
December 23, 2002, a certificate or credentials that were accepted
under former section 3793.07 of the Revised Code as authority to
practice as a certified chemical dependency counselor II.

(C)

To
meet the requirements of this division, an individual must meet all
of the following requirements:

(1)
Hold from an accredited educational institution an associate's or
bachelor's degree in either of the following with a specialization in

chemical
dependency
substance
use disorder
counseling:

(a)
A behavioral science;

(b)
Nursing.

(2)
Have a minimum of one hundred eighty hours of education in
chemical
dependency
substance
use disorders
that
meets the requirements specified in rules adopted under section
4758.20 of the Revised Code;

(3)
While holding a valid chemical dependency counselor assistant
certificate, have successfully completed, over the course of not more
than any two semesters, at least two hundred forty hours of
supervised practicum experience in
chemical
dependency
substance
use disorder treatment
through
a program that meets all of the following requirements:

(a)
The program includes at least two hours per week of supervised
practicum experience;

(b)
The program provides intensive outpatient treatment or a higher level
of care, or another level of care if specified in rules adopted under
section 4758.20 of the Revised Code;

(c)
The program meets other requirements specified in rules adopted under
that section.

(4)
Have at least one thousand hours of compensated work experience as a
chemical dependency counselor assistant;

(5)
Provide to the chemical dependency professionals board a written
recommendation from an individual who supervised the individual's
practice of
chemical
dependency
substance
use disorder
counseling
as a chemical dependency counselor assistant as required by division
(B) of section 4758.59 of the Revised Code;

(6)
Pass one or more examinations administered pursuant to section
4758.22 of the Revised Code for the purpose of determining competence
to practice as a chemical dependency counselor II.

(D)
To meet the requirements of this division, an individual must meet
all of the following requirements:

(1)
Since at least December 31, 2008, continuously have done both of the
following:

(a)
Held a valid chemical dependency counselor assistant certificate;

(b)
Practiced chemical dependency counseling while under supervision as
required by division (B) of section 4758.59 of the Revised Code.

(2)
Provide to the board a written recommendation from an individual who
supervised the individual's practice of chemical dependency
counseling as a chemical dependency counselor assistant;

(3)
Have a minimum of the number of hours specified in rules adopted
under section 4758.20 of the Revised Code of training in chemical
dependency that meets the requirements specified in those rules;

(4)
Pass one or more examinations administered pursuant to section
4758.22 of the Revised Code for the purpose of determining competence
to practice as a chemical dependency counselor II.

Sec.
4758.43.
An
individual seeking a chemical dependency counselor assistant
certificate shall
meet
either of the following requirements:

(A)

Have

have

at
least the number of hours specified in rules adopted under section
4758.20 of the Revised Code of training in
chemical
dependency
substance
use disorder
counseling
that meets the requirements specified in those rules
;

(B)
Hold, on December 23, 2002, a certificate or credentials that were
accepted under former section 3793.07 of the Revised Code as
authority to practice as a registered candidate
.

Sec.
4758.44.
An
individual seeking a prevention consultant certificate shall
meet
the requirements of division (A) or (B) of this section.

(A)
To meet the requirements of this division, an individual must
meet
all of the following requirements:

(1)
(A)

Have at least the number of hours specified in rules adopted under
section 4758.20 of the Revised Code of compensated work experience in
prevention services, including at least the number of hours specified
in those rules of administering or supervising the services;

(2)
(B)

Hold from an accredited educational institution at least a bachelor's
degree in a field of study specified in rules adopted under section
4758.20 of the Revised Code;

(3)
(C)

Have at least the number of hours specified in rules adopted under
section 4758.20 of the Revised Code of prevention-related education
that meets the requirements specified in those

rules;

(4)
(D)

Have at least the number of hours specified in rules adopted under
section 4758.20 of the Revised Code of administrative or supervisory
education;

(5)
(E)

Pass one or more examinations administered pursuant to section
4758.22 of the Revised Code for the purpose of determining competence
to practice as a prevention consultant.

(B)
To meet the requirement of this division, an individual must hold, on
December 23, 2002, a certificate or credentials that were accepted
under former section 3793.07 of the Revised Code as authority to
practice as a certified prevention specialist II.

Sec.
4758.45.
An
individual seeking a prevention specialist certificate shall
meet
the requirements of division (A) or (B) of this section.

(A)
To meet the requirements of this division, an individual must
meet
all of the following requirements:

(1)
(A)

Have at least the number of hours specified in rules adopted under
section 4758.20 of the Revised Code of compensated or volunteer work,
field placement, intern, or practicum experience in prevention
services, including at least the number of hours specified in those
rules of planning or delivering the services;

(2)
(B)

Hold from an accredited educational institution at least an
associate's degree in a field of study specified in rules adopted
under section 4758.20 of the Revised Code;

(3)
(C)

Have at least the number of hours specified in rules adopted under
section 4758.20 of the Revised Code of prevention-related education
that meets the requirements specified in those

rules;

(4)
(D)

Pass one or more examinations administered pursuant to section
4758.22 of the Revised Code for the purpose of determining competence
to practice as a prevention specialist.

(B)
To meet the requirement of this division, an individual must hold, on
December 23, 2002, a certificate or credentials that were accepted
under former section 3793.07 of the Revised Code as authority to
practice as a certified prevention specialist I.

Sec.
4758.52.
(A)
Except as provided in division (C) of this section, each individual
who holds an initial chemical dependency counselor assistant
certificate shall complete, during the first twelve months that the
initial certificate is in effect, at least thirty additional hours of
training in
chemical
dependency
substance
use disorder
counseling
that meets the requirements specified in rules adopted under section
4758.20 of the Revised Code as a condition of having the initial
certificate renewed.

(B)
Except as provided in division (C) of this section, an individual
whose initial chemical dependency counselor assistant certificate has
expired shall complete at least thirty additional hours of training
in
chemical
dependency
substance
use disorder
counseling
that meets the requirements specified in rules adopted under section
4758.20 of the Revised Code as a condition of receiving a restored
chemical dependency counselor assistant certificate.

(C)
The chemical dependency professionals board may waive the additional
training requirement established under this section for individuals
who are unable to fulfill the requirement because of military
service, illness, residence outside the United States, or any other
reason the board considers acceptable.

Sec.
4758.54.
In
addition to practicing
chemical
dependency
substance
use disorder
counseling,
an individual holding a valid independent chemical dependency
counselor-clinical supervisor license may do all of the following:

(A)
Diagnose and treat
chemical
dependency
substance
use disorder
conditions;

(B)
Perform treatment planning, assessment, crisis intervention,
individual and group counseling, case management, and education
services as they relate to abuse of and dependency on alcohol and
other drugs;

(C)
Provide clinical supervision of
chemical
dependency
substance
use disorder
counseling;

(D)
Refer individuals with
nonchemical
dependency
non-substance
use disorder
conditions
to appropriate sources of help.

Sec.
4758.55.
In
addition to practicing
chemical
dependency
substance
use disorder
counseling,
an individual holding a valid independent chemical dependency
counselor license may do all of the following:

(A)
Diagnose and treat
chemical
dependency
substance
use disorder
conditions;

(B)
Perform treatment planning, assessment, crisis intervention,
individual and group counseling, case management, and education
services as they relate to abuse of and dependency on alcohol and
other drugs;

(C)
Provide clinical supervision of
chemical
dependency
substance
use disorder
counseling
under the supervision of any of the following:

(1)
An independent chemical dependency counselor-clinical supervisor
licensed under this chapter;

(2)
An individual authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;

(3)
A psychologist licensed under Chapter 4732. of the Revised Code;

(4)
A registered nurse licensed under Chapter 4723. of the Revised Code
or licensed professional clinical counselor, independent social
worker, or independent marriage and family therapist licensed under
Chapter 4757. of the Revised Code if such supervision is consistent
with the scope of practice of the registered nurse, licensed
professional clinical counselor, independent social worker, or
independent marriage and family therapist;

(5)
An individual authorized to practice as a certified nurse
practitioner or clinical nurse specialist under Chapter 4723. of the
Revised Code.

(D)
Refer individuals with
nonchemical
dependency
non-substance
use disorder
conditions
to appropriate sources of help.

Sec.
4758.56.
(A)
In addition to practicing
chemical
dependency
substance
use disorder
counseling,
an individual holding a valid chemical dependency counselor III
license may do all of the following:

(1)
Diagnose
chemical
dependency
substance
use disorder
conditions
under the supervision of any of the professionals listed in section
4758.561 of the Revised Code;

(2)
Treat
chemical
dependency
substance
use disorder
conditions;

(3)
Perform treatment planning, assessment, crisis intervention,
individual and group counseling, case management, and education
services as they relate to abuse of and dependency on alcohol and
other drugs;

(4)
Provide clinical supervision of
chemical
dependency
substance
use disorder
counseling
under the supervision of any of the professionals listed in section
4758.561 of the Revised Code;

(5)
Refer individuals with
nonchemical
dependency
non-substance
use disorder

conditions to appropriate sources of help.

(B)
A chemical dependency counselor III may not practice as an individual
practitioner.

Sec.
4758.57.
(A)
In addition to practicing
chemical
dependency
substance
use disorder
counseling,
an individual holding a valid chemical dependency counselor II
license may do both of the following:

(1)
Perform treatment planning, assessment, crisis intervention,
individual and group counseling, case management, and education
services as they relate to abuse of and dependency on alcohol and
other drugs;

(2)
Refer individuals with
nonchemical
dependency

non-substance
use disorder

conditions to appropriate sources of help.

(B)
A chemical dependency counselor II may not practice as an individual
practitioner.

Sec.
4758.59.
(A)
Subject to division (B) of this section, an individual holding a
valid chemical dependency counselor assistant certificate may do both
of the following in addition to practicing chemical dependency
counseling:

(1)
Perform treatment planning, assessment, crisis intervention,
individual and group counseling, case management, and education
services as they relate to abuse of or dependency on alcohol and
other drugs;

(2)
Refer individuals with
nonchemical
dependency
non-substance
use disorder
conditions
to appropriate sources of help.

(B)
An individual holding a valid chemical dependency counselor assistant
certificate may practice
chemical
dependency
substance
use disorder
counseling
and perform the tasks specified in division (A) of this section only
while under the supervision of any of the following:

(1)
An independent chemical dependency counselor-clinical supervisor,
independent chemical dependency counselor, or chemical dependency
counselor III licensed under this chapter;

(2)
An individual authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;

(3)
A psychologist licensed under Chapter 4732. of the Revised Code;

(4)
A registered nurse licensed under Chapter 4723. of the Revised Code
or licensed professional clinical counselor, independent social
worker, or independent marriage and family therapist licensed under
Chapter 4757. of the Revised Code if such supervision is consistent
with the scope of practice of the registered nurse, licensed
professional clinical counselor, independent social worker, or
independent marriage and family therapist;

(5)
An individual authorized to practice as a certified nurse
practitioner or clinical nurse specialist under Chapter 4723. of the
Revised Code.

(C)
A chemical dependency counselor assistant may not practice as an
individual practitioner.

Sec.
4758.99.
Whoever
violates
division
(A) or (B) of
section
4758.02 of the Revised Code is guilty of a misdemeanor of the fourth
degree on a first offense; on each subsequent offense, the person is
guilty of a misdemeanor of the third degree.

Sec.
4759.07.
(A)
The state medical board, by an affirmative vote of not fewer than six
members, shall, except as provided in division (B) of this section,
and to the extent permitted by law, limit, revoke, or suspend an
individual's license or limited permit, refuse to issue a license or
limited permit to an individual, refuse to renew a license or limited
permit, refuse to reinstate a license or limited permit, or reprimand
or place on probation the holder of a license or limited permit for
one or more of the following reasons:

(1)
Except when civil penalties are imposed under section 4759.071 of the
Revised Code, violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate, any provision of this chapter or the rules
adopted by the board;

(2)
Making a false, fraudulent, deceptive, or misleading statement in the
solicitation of or advertising for patients; in relation to the
practice of dietetics; or in securing or attempting to secure any
license or permit issued by the board under this chapter.

As
used in division (A)(2) of this section, "false, fraudulent,
deceptive, or misleading statement" means a statement that
includes a misrepresentation of fact, is likely to mislead or deceive
because of a failure to disclose material facts, is intended or is
likely to create false or unjustified expectations of favorable
results, or includes representations or implications that in
reasonable probability will cause an ordinarily prudent person to
misunderstand or be deceived.

(3)
Committing fraud during the administration of the examination for a
license to practice or committing fraud, misrepresentation, or
deception in applying for, renewing, or securing any license or
permit issued by the board;

(4)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
felony;

(5)
Commission of an act that constitutes a felony in this state,
regardless of the jurisdiction in which the act was committed;

(6)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor committed in the course of practice;

(7)
Commission of an act in the course of practice that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(8)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor involving moral turpitude;

(9)
Commission of an act involving moral turpitude that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(10)
A record of engaging in incompetent or negligent conduct in the
practice of dietetics;

(11)
A departure from, or failure to conform to, minimal standards of care
of similar practitioners under the same or similar circumstances,
whether or not actual injury to a patient is established;

(12)
The obtaining of, or attempting to obtain, money or anything of value
by fraudulent misrepresentations in the course of practice;

(13)
Violation of the conditions of limitation placed by the board on a
license or permit;

(14)
Inability to practice according to acceptable and prevailing
standards of care by reason of mental illness or physical illness,
including, physical deterioration that adversely affects cognitive,
motor, or perceptive skills;

(15)
Any of the following actions taken by an agency responsible for
authorizing, certifying, or regulating an individual to practice a
health care occupation or provide health care services in this state
or another jurisdiction, for any reason other than the nonpayment of
fees: the limitation, revocation, or suspension of an individual's
license; acceptance of an individual's license surrender; denial of a
license; refusal to renew or reinstate a license; imposition of
probation; or issuance of an order of censure or other reprimand;

(16)
The revocation, suspension, restriction, reduction, or termination of
practice privileges by the United States department of defense or
department of veterans affairs;

(17)
Termination or suspension from participation in the medicare or
medicaid programs by the department of health and human services or
other responsible agency for any act or acts that also would
constitute a violation of division (A)(11), (12), or (14) of this
section;

(18)
Impairment of ability to practice according to acceptable and
prevailing standards of care because of substance use disorder or
excessive use or abuse of drugs, alcohol, or other substances that
may impair ability to practice;

(19)
Failure to cooperate in an investigation conducted by the board under
division (B) of section 4759.05 of the Revised Code, including
failure to comply with a subpoena or order issued by the board or
failure to answer truthfully a question presented by the board in an
investigative interview, an investigative office conference, at a
deposition, or in written interrogatories, except that failure to
cooperate with an investigation shall not constitute grounds for
discipline under this section if a court of competent jurisdiction
has issued an order that either quashes a subpoena or permits the
individual to withhold the testimony or evidence in issue;

(20)
Representing with the purpose of obtaining compensation or other
advantage as personal gain or for any other person, that an incurable
disease or injury, or other incurable condition, can be permanently
cured.

(B)
The board shall not refuse to issue a license or limited permit to an
applicant because of a plea of guilty to, a judicial finding of guilt
of, or a judicial finding of eligibility for intervention in lieu of
conviction for an offense unless the refusal is in accordance with
section 9.79 of the Revised Code.

(C)
Any action taken by the board under division (A) of this section
resulting in a suspension from practice shall be accompanied by a
written statement of the conditions under which the individual's
license or permit may be reinstated. The board shall adopt rules
governing conditions to be imposed for reinstatement. Reinstatement
of a license or permit suspended pursuant to division (A) of this
section requires an affirmative vote of not fewer than six members of
the board.

(D)
When the board refuses to grant or issue a license or permit to an
applicant, revokes an individual's license or permit, refuses to
renew an individual's license or permit, or refuses to reinstate an
individual's license or permit, the board may specify that its action
is permanent. An individual subject to a permanent action taken by
the board is forever thereafter ineligible to hold a license or
permit and the board shall not accept an application for
reinstatement of the license or permit or for issuance of a new
license or permit.

(E)
Disciplinary actions taken by the board under division (A) of this
section shall be taken pursuant to an adjudication under Chapter 119.
of the Revised Code, except that in lieu of an adjudication, the
board may enter into a consent agreement with an individual to
resolve an allegation of a violation of this chapter or any rule
adopted under it. A consent agreement, when ratified by an
affirmative vote of not fewer than six members of the board, shall
constitute the findings and order of the board with respect to the
matter addressed in the agreement. If the board refuses to ratify a
consent agreement, the admissions and findings contained in the
consent agreement shall be of no force or effect.

A
telephone conference call may be utilized for ratification of a
consent agreement that revokes or suspends an individual's license or
permit. The telephone conference call shall be considered a special
meeting under division (F) of section 121.22 of the Revised Code.

(F)
In enforcing division (A)(14) of this section, the board, upon a
showing of a possible violation, shall refer any individual
authorized to practice by this chapter or who has submitted an
application pursuant to this chapter to the monitoring organization
that conducts the confidential monitoring program established under
section 4731.25 of the Revised Code. The board also may compel the
individual to submit to a mental examination, physical examination,
including an HIV test, or both a mental and a physical examination.
The expense of the examination is the responsibility of the
individual compelled to be examined. Failure to submit to a mental or
physical examination or consent to an HIV test ordered by the board
constitutes an admission of the allegations against the individual
unless the failure is due to circumstances beyond the individual's
control, and a default and final order may be entered without the
taking of testimony or presentation of evidence. If the board finds
an individual unable to practice because of the reasons set forth in
division (A)(14) of this section, the board shall require the
individual to submit to care, counseling, or treatment by physicians
approved or designated by the board, as a condition for initial,
continued, reinstated, or renewed authority to practice. An
individual affected under this division shall be afforded an
opportunity to demonstrate to the board the ability to resume
practice in compliance with acceptable and prevailing standards under
the provisions of the individual's license or permit. For the purpose
of division (A)(14) of this section, any individual who applies for
or receives a license or permit under this chapter accepts the
privilege of practicing in this state and, by so doing, shall be
deemed to have given consent to submit to a mental or physical
examination when directed to do so in writing by the board, and to
have waived all objections to the admissibility of testimony or
examination reports that constitute a privileged communication.

(G)
For the purposes of division (A)(18) of this section, any individual
authorized to practice by this chapter accepts the privilege of
practicing in this state subject to supervision by the board. By
filing an application for or holding a license or permit under this
chapter, an individual shall be deemed to have given consent to
submit to a mental or physical examination when ordered to do so by
the board in writing, and to have waived all objections to the
admissibility of testimony or examination reports that constitute
privileged communications.

If
it has reason to believe that any individual authorized to practice
by this chapter or any applicant for a license or permit suffers such
impairment, the board shall refer the individual to the monitoring
organization that conducts the confidential monitoring program
established under section 4731.25 of the Revised Code. The board also
may compel the individual to submit to a mental or physical
examination, or both. The expense of the examination is the
responsibility of the individual compelled to be examined. Any mental
or physical examination required under this division shall be
undertaken by a treatment provider or physician who is qualified to
conduct the examination and who is approved under section 4731.251 of
the Revised Code.

Failure
to submit to a mental or physical examination ordered by the board
constitutes an admission of the allegations against the individual
unless the failure is due to circumstances beyond the individual's
control, and a default and final order may be entered without the
taking of testimony or presentation of evidence. If the board
determines that the individual's ability to practice is impaired, the
board shall suspend the individual's license or permit or deny the
individual's application and shall require the individual, as a
condition for an initial, continued, reinstated, or renewed license
or permit, to submit to treatment.

Before
being eligible to apply for reinstatement of a license or permit
suspended under this division, the impaired practitioner shall
demonstrate to the board the ability to resume practice in compliance
with acceptable and prevailing standards of care under the provisions
of the practitioner's license or permit. The demonstration shall
include, but shall not be limited to, the following:

(1)
Certification from a treatment provider approved under section
4731.251 of the Revised Code that the individual has successfully
completed any required inpatient treatment;

(2)
Evidence of continuing full compliance with an aftercare contract or
consent agreement;

(3)
Two written reports indicating that the individual's ability to
practice has been assessed and that the individual has been found
capable of practicing according to acceptable and prevailing
standards of care. The reports shall be made by individuals or
providers approved by the board for making the assessments and shall
describe the basis for their determination.

The
board may reinstate a license or permit suspended under this division
after that demonstration and after the individual has entered into a
written consent agreement.

When
the impaired practitioner resumes practice, the board shall require
continued monitoring of the individual. The monitoring shall include,
but not be limited to, compliance with the written consent agreement
entered into before reinstatement or with conditions imposed by board
order after a hearing, and, upon termination of the consent
agreement, submission to the board for at least two years of annual
written progress reports made under penalty of perjury stating
whether the individual has maintained sobriety.

(H)(1)
If either of the following circumstances occur, the secretary and
supervising member may recommend that the board suspend an
individual's license or permit without a prior hearing:

(a)
The secretary and supervising member determine both of the following:

(i)
That there is clear and convincing evidence that an individual has
violated division (A) of this section;

(ii)
That the individual's continued practice presents a danger of
immediate and serious harm to the public.

(b)
The board receives verifiable information that a licensee has been
charged in any state or federal court for a crime classified as a
felony under the charging court's law and the conduct charged
constitutes a violation of division (A) of this section.

(2)
If a recommendation is made to suspend without a prior hearing
pursuant to division (H)(1) of this section, written allegations
shall be prepared for consideration by the board. The board, upon
review of those allegations and by an affirmative vote of not fewer
than six of its members, excluding the secretary and supervising
member, may suspend a license or permit without a prior hearing. A
telephone conference call may be utilized for reviewing the
allegations and taking the vote on the summary suspension.

The
board shall serve a written order of suspension in accordance with
sections 119.05 and 119.07 of the Revised Code.
The
order shall not be subject to suspension by the court during pendency
of any appeal filed under section 119.12 of the Revised Code.
If
the individual subject to the summary suspension requests an
adjudicatory hearing by the board, the date set for the hearing shall
be within fifteen days, but not earlier than seven days, after the
individual requests the hearing, unless otherwise agreed to by both
the board and the individual.

(3)
Any summary suspension imposed under
this

division

(H)(2)
of this section is not a final appealable order and is not an
adjudication that may be appealed under section 119.12 of the Revised
Code. The summary suspension
shall
remain in effect
,
unless reversed on appeal,

until a final adjudicative order issued by the board pursuant to this
section and Chapter 119. of the Revised Code becomes effective
.
Once a final adjudicative order has been issued by the board, any
party adversely affected by it may file an appeal in accordance with
the requirements of Chapter 119. of the Revised Code
.

The

The

board
shall issue its final adjudicative order within seventy-five days
after completion of its hearing. A failure to issue the order within
seventy-five days shall result in dissolution of the summary
suspension order but shall not invalidate any subsequent, final
adjudicative order.

(I)
If the board is required by Chapter 119. of the Revised Code to give
notice of an opportunity for a hearing and if the individual subject
to the notice does not timely request a hearing in accordance with
section 119.07 of the Revised Code, the board is not required to hold
a hearing, but may adopt, by an affirmative vote of not fewer than
six of its members, a final order that contains the board's findings.
In the final order, the board may order any of the sanctions
identified under division (A) of this section.

(J)
For purposes of divisions (A)(5), (7), and (9) of this section, the
commission of the act may be established by a finding by the board,
pursuant to an adjudication under Chapter 119. of the Revised Code,
that the individual committed the act. The board does not have
jurisdiction under those divisions if the trial court renders a final
judgment in the individual's favor and that judgment is based upon an
adjudication on the merits. The board has jurisdiction under those
divisions if the trial court issues an order of dismissal upon
technical or procedural grounds.

(K)
The sealing or expungement of conviction records by any court shall
have no effect upon a prior board order entered under this section or
upon the board's jurisdiction to take action under this section if,
based upon a plea of guilty, a judicial finding of guilt, or a
judicial finding of eligibility for intervention in lieu of
conviction, the board issued a notice of opportunity for a hearing
prior to the court's order to seal or expunge the records. The board
shall not be required to seal, destroy, redact, or otherwise modify
its records to reflect the court's sealing or expungement of
conviction records.

(L)
If the board takes action under division (A)(4), (6), or (8) of this
section, and the judicial finding of guilt, guilty plea, or judicial
finding of eligibility for intervention in lieu of conviction is
overturned on appeal, upon exhaustion of the criminal appeal, a
petition for reconsideration of the order may be filed with the board
along with appropriate court documents. Upon receipt of a petition
for reconsideration and supporting court documents, the board shall
reinstate the individual's license or permit. The board may then hold
an adjudication under Chapter 119. of the Revised Code to determine
whether the individual committed the act in question. Notice of an
opportunity for a hearing shall be given in accordance with Chapter
119. of the Revised Code. If the board finds, pursuant to an
adjudication held under this division, that the individual committed
the act or if no hearing is requested, the board may order any of the
sanctions identified under division (A) of this section.

(M)
The license or permit issued to an individual under this chapter and
the individual's practice in this state are automatically suspended
as of the date the individual pleads guilty to, is found by a judge
or jury to be guilty of, or is subject to a judicial finding of
eligibility for intervention in lieu of conviction in this state or
treatment or intervention in lieu of conviction in another
jurisdiction for any of the following criminal offenses in this state
or a substantially equivalent criminal offense in another
jurisdiction: aggravated murder, murder, voluntary manslaughter,
felonious assault, trafficking in persons, kidnapping, rape, sexual
battery, gross sexual imposition, aggravated arson, aggravated
robbery, or aggravated burglary. Continued practice after suspension
shall be considered practicing without a license or permit.

The
board shall serve the individual subject to the suspension in
accordance with sections 119.05 and 119.07 of the Revised Code. If an
individual whose license or permit is automatically suspended under
this division fails to make a timely request for an adjudication
under Chapter 119. of the Revised Code, the board shall enter a final
order permanently revoking the individual's license or permit.

(N)
Notwithstanding any other provision of the Revised Code, all of the
following apply:

(1)
The surrender of a license or permit issued under this chapter shall
not be effective unless or until accepted by the board. A telephone
conference call may be utilized for acceptance of the surrender of an
individual's license or permit. The telephone conference call shall
be considered a special meeting under division (F) of section 121.22
of the Revised Code. Reinstatement of a license or permit surrendered
to the board requires an affirmative vote of not fewer than six
members of the board.

(2)
An application for a license or permit made under the provisions of
this chapter may not be withdrawn without approval of the board.

(3)
Failure by an individual to renew a license or permit in accordance
with this chapter does not remove or limit the board's jurisdiction
to take any disciplinary action under this section against the
individual.

(4)
The placement of an individual's license on retired status, as
described in section 4759.064 of the Revised Code, does not remove or
limit the board's jurisdiction to take any disciplinary action
against the individual with regard to the license as it existed
before being placed on retired status.

(5)
At the request of the board, a license or permit holder shall
immediately surrender to the board a license or permit that the board
has suspended, revoked, or permanently revoked.

Sec.
4759.99.
Whoever
violates section 4759.02 of the Revised Code is guilty of a minor
misdemeanor. If the offender has been previously convicted once of a
violation of
the

section

4759.02
of the Revised Code
,
then the
violation

offender

is

guilty
of
a
misdemeanor of the fourth degree. If the offender has been previously
convicted more than once of a violation of
the

section

4759.02
of the Revised Code
,
then the
violation

offender

is

guilty
of
a
misdemeanor of the first degree.

Whoever
violates division (B)(1) or (2) of section 4759.14 of the Revised
Code is guilty of
failure
to report criminal conduct or sexual misconduct,
a
misdemeanor of the fourth degree
.
If the offender has previously been convicted of a violation of this
division, the failure to report

on
a first offense; on each subsequent offense, the offender
is

guilty
of
a
misdemeanor of the first degree.

Whoever
violates division (B) of section 4759.05 of the Revised Code is
guilty of
disclosing
confidential investigatory information,
a
misdemeanor of the first degree.

Sec.
4760.13.
(A)
The state medical board, by an affirmative vote of not fewer than six
members, may refuse to grant a license to practice as an
anesthesiologist assistant to, or may revoke the license held by, an
individual found by the board to have committed fraud,
misrepresentation, or deception in applying for or securing the
license.

(B)
The board, by an affirmative vote of not fewer than six members,
shall, except as provided in division (C) of this section, and to the
extent permitted by law, limit, revoke, or suspend an individual's
license to practice as an anesthesiologist assistant, refuse to issue
a license to an applicant, refuse to renew a license, refuse to
reinstate a license, or reprimand or place on probation the holder of
a license for any of the following reasons:

(1)
Permitting the holder's name or license to be used by another person;

(2)
Failure to comply with the requirements of this chapter, Chapter
4731. of the Revised Code, or any rules adopted by the board;

(3)
Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter, Chapter 4731. of the Revised Code, or
the rules adopted by the board;

(4)
A departure from, or failure to conform to, minimal standards of care
of similar practitioners under the same or similar circumstances
whether or not actual injury to the patient is established;

(5)
Inability to practice according to acceptable and prevailing
standards of care by reason of mental illness or physical illness,
including physical deterioration that adversely affects cognitive,
motor, or perceptive skills;

(6)
Impairment of ability to practice according to acceptable and
prevailing standards of care because of substance use disorder or
excessive use or abuse of drugs, alcohol, or other substances that
may impair ability to practice;

(7)
Willfully betraying a professional confidence;

(8)
Making a false, fraudulent, deceptive, or misleading statement in
securing or attempting to secure a license to practice as an
anesthesiologist assistant.

As
used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive because of
a failure to disclose material facts, is intended or is likely to
create false or unjustified expectations of favorable results, or
includes representations or implications that in reasonable
probability will cause an ordinarily prudent person to misunderstand
or be deceived.

(9)
The obtaining of, or attempting to obtain, money or a thing of value
by fraudulent misrepresentations in the course of practice;

(10)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
felony;

(11)
Commission of an act that constitutes a felony in this state,
regardless of the jurisdiction in which the act was committed;

(12)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor committed in the course of practice;

(13)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor involving moral turpitude;

(14)
Commission of an act in the course of practice that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(15)
Commission of an act involving moral turpitude that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(16)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for
violating any state or federal law regulating the possession,
distribution, or use of any drug, including trafficking in drugs;

(17)
Any of the following actions taken by the state agency responsible
for regulating the practice of anesthesiologist assistants in another
jurisdiction, for any reason other than the nonpayment of fees: the
limitation, revocation, or suspension of an individual's license to
practice; acceptance of an individual's license surrender; denial of
a license; refusal to renew or reinstate a license; imposition of
probation; or issuance of an order of censure or other reprimand;

(18)
Violation of the conditions placed by the board on a license to
practice;

(19)
Failure to use universal blood and body fluid precautions established
by rules adopted under section 4731.051 of the Revised Code;

(20)
Failure to cooperate in an investigation conducted by the board under
section 4760.14 of the Revised Code, including failure to comply with
a subpoena or order issued by the board or failure to answer
truthfully a question presented by the board at a deposition or in
written interrogatories, except that failure to cooperate with an
investigation shall not constitute grounds for discipline under this
section if a court of competent jurisdiction has issued an order that
either quashes a subpoena or permits the individual to withhold the
testimony or evidence in issue;

(21)
Failure to comply with any code of ethics established by the national
commission for the certification of anesthesiologist assistants;

(22)
Failure to notify the state medical board of the revocation or
failure to maintain certification from the national commission for
certification of anesthesiologist assistants.

(C)
The board shall not refuse to issue a certificate to an applicant
because of a plea of guilty to, a judicial finding of guilt of, or a
judicial finding of eligibility for intervention in lieu of
conviction for an offense unless the refusal is in accordance with
section 9.79 of the Revised Code.

(D)
Disciplinary actions taken by the board under divisions (A) and (B)
of this section shall be taken pursuant to an adjudication under
Chapter 119. of the Revised Code, except that in lieu of an
adjudication, the board may enter into a consent agreement with an
anesthesiologist assistant or applicant to resolve an allegation of a
violation of this chapter or any rule adopted under it. A consent
agreement, when ratified by an affirmative vote of not fewer than six
members of the board, shall constitute the findings and order of the
board with respect to the matter addressed in the agreement. If the
board refuses to ratify a consent agreement, the admissions and
findings contained in the consent agreement shall be of no force or
effect.

(E)
For purposes of divisions (B)(11), (14), and (15) of this section,
the commission of the act may be established by a finding by the
board, pursuant to an adjudication under Chapter 119. of the Revised
Code, that the applicant or license holder committed the act in
question. The board shall have no jurisdiction under these divisions
in cases where the trial court renders a final judgment in the
license holder's favor and that judgment is based upon an
adjudication on the merits. The board shall have jurisdiction under
these divisions in cases where the trial court issues an order of
dismissal on technical or procedural grounds.

(F)
The sealing or expungement of conviction records by any court shall
have no effect on a prior board order entered under the provisions of
this section or on the board's jurisdiction to take action under the
provisions of this section if, based upon a plea of guilty, a
judicial finding of guilt, or a judicial finding of eligibility for
intervention in lieu of conviction, the board issued a notice of
opportunity for a hearing prior to the court's order to seal or
expunge the records. The board shall not be required to seal,
destroy, redact, or otherwise modify its records to reflect the
court's sealing or expungement of conviction records.

(G)
For purposes of this division, any individual who holds a license to
practice issued under this chapter, or applies for a license to
practice, shall be deemed to have given consent to submit to a mental
or physical examination when directed to do so in writing by the
board and to have waived all objections to the admissibility of
testimony or examination reports that constitute a privileged
communication.

(1)
In enforcing division (B)(5) of this section, the board, on a showing
of a possible violation, shall refer any individual who holds, or has
applied for, a license issued under this chapter to the monitoring
organization that conducts the confidential monitoring program
established under section 4731.25 of the Revised Code. The board also
may compel the individual to this chapter to submit to a mental or
physical examination, or both. A physical examination may include an
HIV test. The expense of the examination is the responsibility of the
individual compelled to be examined. Failure to submit to a mental or
physical examination or consent to an HIV test ordered by the board
constitutes an admission of the allegations against the individual
unless the failure is due to circumstances beyond the individual's
control, and a default and final order may be entered without the
taking of testimony or presentation of evidence. If the board finds
an anesthesiologist assistant unable to practice because of the
reasons set forth in division (B)(5) of this section, the board shall
require the anesthesiologist assistant to submit to care, counseling,
or treatment by physicians approved or designated by the board, as a
condition for an initial, continued, reinstated, or renewed license
to practice. An individual affected by this division shall be
afforded an opportunity to demonstrate to the board the ability to
resume practicing in compliance with acceptable and prevailing
standards of care.

(2)
For purposes of division (B)(6) of this section, if the board has
reason to believe that any individual who holds a license to practice
issued under this chapter or any applicant for a license to practice
suffers such impairment, the board shall report the individual to the
monitoring organization that conducts the confidential monitoring
program established under section 4731.25 of the Revised Code. The
board also may compel the individual to submit to a mental or
physical examination, or both. The expense of the examination is the
responsibility of the individual compelled to be examined. Any mental
or physical examination required under this division shall be
undertaken by a treatment provider or physician qualified to conduct
such examination and approved under section 4731.251 of the Revised
Code.

Failure
to submit to a mental or physical examination ordered by the board
constitutes an admission of the allegations against the individual
unless the failure is due to circumstances beyond the individual's
control, and a default and final order may be entered without the
taking of testimony or presentation of evidence. If the board
determines that the individual's ability to practice is impaired, the
board shall suspend the individual's license or deny the individual's
application and shall require the individual, as a condition for an
initial, continued, reinstated, or renewed license to practice, to
submit to treatment.

Before
being eligible to apply for reinstatement of a license suspended
under this division, the anesthesiologist assistant shall demonstrate
to the board the ability to resume practice in compliance with
acceptable and prevailing standards of care. The demonstration shall
include the following:

(a)
Certification from a treatment provider approved under section
4731.251 of the Revised Code that the individual has successfully
completed any required inpatient treatment;

(b)
Evidence of continuing full compliance with an aftercare contract or
consent agreement;

(c)
Two written reports indicating that the individual's ability to
practice has been assessed and that the individual has been found
capable of practicing according to acceptable and prevailing
standards of care. The reports shall be made by individuals or
providers approved by the board for making such assessments and shall
describe the basis for their determination.

The
board may reinstate a license suspended under this division after
such demonstration and after the individual has entered into a
written consent agreement.

When
the impaired anesthesiologist assistant resumes practice, the board
shall require continued monitoring of the anesthesiologist assistant.
The monitoring shall include monitoring of compliance with the
written consent agreement entered into before reinstatement or with
conditions imposed by board order after a hearing, and, on
termination of the consent agreement, submission to the board for at
least two years of annual written progress reports made under penalty
of falsification stating whether the anesthesiologist assistant has
maintained sobriety.

(H)(1)
If either of the following circumstances occur, the secretary and
supervising member may recommend that the board suspend the
individual's license without a prior hearing:

(a)
The secretary and supervising member determine that there is clear
and convincing evidence that an anesthesiologist assistant has
violated division (B) of this section and that the individual's
continued practice presents a danger of immediate and serious harm to
the public.

(b)
The board receives verifiable information that a licensee has been
charged in any state or federal court for a crime classified as a
felony under the charging court's law and the conduct charged
constitutes a violation of division (B) of this section.

(2)
If a recommendation is made to suspend without a prior hearing
pursuant to division (H)(1) of this section, written allegations
shall be prepared for consideration by the board.

The
board, on review of the allegations and by an affirmative vote of not
fewer than six of its members, excluding the secretary and
supervising member, may suspend a license without a prior hearing. A
telephone conference call may be utilized for reviewing the
allegations and taking the vote on the summary suspension.

The
board shall serve a written order of suspension in accordance with
sections 119.05 and 119.07 of the Revised Code.
The
order shall not be subject to suspension by the court during pendency
of any appeal filed under section 119.12 of the Revised Code.
If
the anesthesiologist assistant requests an adjudicatory hearing by
the board, the date set for the hearing shall be within fifteen days,
but not earlier than seven days, after the anesthesiologist assistant
requests the hearing, unless otherwise agreed to by both the board
and the license holder.

(3)
A summary suspension imposed under
this

division

(H)(2)
of this section is not a final appealable order and is not an
adjudication that may be appealed under section 119.12 of the Revised
Code. The summary suspension
shall
remain in effect
,
unless reversed on appeal,

until a final adjudicative order issued by the board pursuant to this
section and Chapter 119. of the Revised Code becomes effective
.
Once a final adjudicative order has been issued by the board, any
party adversely affected by it may file an appeal in accordance with
the requirements of Chapter 119. of the Revised Code
.

The

The

board
shall issue its final adjudicative order within
sixty

seventy-five

days
after completion of its hearing. Failure to issue the order within

sixty

seventy-five

days
shall result in dissolution of the summary suspension order, but
shall not invalidate any subsequent, final adjudicative order.

(I)
If the board takes action under division (B)(11), (13), or (14) of
this section, and the judicial finding of guilt, guilty plea, or
judicial finding of eligibility for intervention in lieu of
conviction is overturned on appeal, on exhaustion of the criminal
appeal, a petition for reconsideration of the order may be filed with
the board along with appropriate court documents. On receipt of a
petition and supporting court documents, the board shall reinstate
the license to practice. The board may then hold an adjudication
under Chapter 119. of the Revised Code to determine whether the
individual committed the act in question. Notice of opportunity for
hearing shall be given in accordance with Chapter 119. of the Revised
Code. If the board finds, pursuant to an adjudication held under this
division, that the individual committed the act, or if no hearing is
requested, it may order any of the sanctions specified in division
(B) of this section.

(J)
The license to practice of an anesthesiologist assistant and the
assistant's practice in this state are automatically suspended as of
the date the anesthesiologist assistant pleads guilty to, is found by
a judge or jury to be guilty of, or is subject to a judicial finding
of eligibility for intervention in lieu of conviction in this state
or treatment or intervention in lieu of conviction in another
jurisdiction for any of the following criminal offenses in this state
or a substantially equivalent criminal offense in another
jurisdiction: aggravated murder, murder, voluntary manslaughter,
felonious assault, trafficking in persons, kidnapping, rape, sexual
battery, gross sexual imposition, aggravated arson, aggravated
robbery, or aggravated burglary. Continued practice after the
suspension shall be considered practicing without a license.

The
board shall serve the individual subject to the suspension in
accordance with sections 119.05 and 119.07 of the Revised Code. If an
individual whose license is suspended under this division fails to
make a timely request for an adjudication under Chapter 119. of the
Revised Code, the board shall enter a final order permanently
revoking the individual's license to practice.

(K)
In any instance in which the board is required by Chapter 119. of the
Revised Code to give notice of opportunity for hearing and the
individual subject to the notice does not timely request a hearing in
accordance with section 119.07 of the Revised Code, the board is not
required to hold a hearing, but may adopt, by an affirmative vote of
not fewer than six of its members, a final order that contains the
board's findings. In the final order, the board may order any of the
sanctions identified under division (A) or (B) of this section.

(L)
Any action taken by the board under division (B) of this section
resulting in a suspension shall be accompanied by a written statement
of the conditions under which the anesthesiologist assistant's
license may be reinstated. The board shall adopt rules in accordance
with Chapter 119. of the Revised Code governing conditions to be
imposed for reinstatement. Reinstatement of a license suspended
pursuant to division (B) of this section requires an affirmative vote
of not fewer than six members of the board.

(M)
When the board refuses to grant or issue a license to practice as an
anesthesiologist assistant to an applicant, revokes an individual's
license, refuses to renew an individual's license, or refuses to
reinstate an individual's license, the board may specify that its
action is permanent. An individual subject to a permanent action
taken by the board is forever thereafter ineligible to hold a license
to practice as an anesthesiologist assistant and the board shall not
accept an application for reinstatement of the license or for
issuance of a new license.

(N)
Notwithstanding any other provision of the Revised Code, all of the
following apply:

(1)
The surrender of a license to practice issued under this chapter is
not effective unless or until accepted by the board. Reinstatement of
a license surrendered to the board requires an affirmative vote of
not fewer than six members of the board.

(2)
An application made under this chapter for a license to practice may
not be withdrawn without approval of the board.

(3)
Failure by an individual to renew a license to practice in accordance
with section 4760.06 of the Revised Code does not remove or limit the
board's jurisdiction to take disciplinary action under this section
against the individual.

(4)
The placement of an individual's license on retired status, as
described in section 4760.062 of the Revised Code, does not remove or
limit the board's jurisdiction to take any disciplinary action
against the individual with regard to the license as it existed
before being placed on retired status.

Sec.
4760.99.
(A)
Whoever violates section 4760.02 of the Revised Code is guilty of a
misdemeanor of the first degree on a first offense; on each
subsequent offense, the person is guilty of a felony of the fourth
degree.

(B)(1)
Whoever violates division (B)(1), (C)(1), (C)(2), (D), or (E) of
section 4760.16 of the Revised Code is guilty of a minor misdemeanor
on a first offense; on each subsequent offense the person is guilty
of a misdemeanor of the fourth degree, except that an individual
guilty of a subsequent offense shall not be subject to imprisonment,
but to a fine alone of up to one thousand dollars for each offense.

(2)
Whoever violates division (B)(2) or (C)(3) of section 4760.16 of the
Revised Code is guilty of
failure
to report criminal conduct or sexual misconduct,
a
misdemeanor of the fourth degree
.
If the offender has previously been convicted of a violation of this
division, the failure to report

on
a first offense; on each subsequent offense, the person
is

guilty
of
a
misdemeanor of the first degree.

(C)
Whoever violates division (E) of section 4760.14 of the Revised Code
is guilty of
disclosing
confidential investigatory information,
a
misdemeanor of the first degree.

Sec.
4761.09.
(A)
The state medical board, by an affirmative vote of not fewer than six
members, shall, except as provided in division (B) of this section,
and to the extent permitted by law, limit, revoke, or suspend an
individual's license or limited permit, refuse to issue a license or
limited permit to an individual, refuse to renew a license or limited
permit, refuse to reinstate a license or limited permit, or reprimand
or place on probation the holder of a license or limited permit for
one or more of the following reasons:

(1)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
felony;

(2)
Commission of an act that constitutes a felony in this state,
regardless of the jurisdiction in which the act was committed;

(3)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor committed in the course of practice;

(4)
Commission of an act in the course of practice that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(5)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor involving moral turpitude;

(6)
Commission of an act involving moral turpitude that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(7)
Except when civil penalties are imposed under section 4761.091 of the
Revised Code, violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate, any provision of this chapter or the rules
adopted by the board;

(8)
Making a false, fraudulent, deceptive, or misleading statement in the
solicitation of or advertising for patients; in relation to the
practice of respiratory care; or in securing or attempting to secure
any license or permit issued by the board under this chapter.

As
used in division (A)(8) of this section, "false, fraudulent,
deceptive, or misleading statement" means a statement that
includes a misrepresentation of fact, is likely to mislead or deceive
because of a failure to disclose material facts, is intended or is
likely to create false or unjustified expectations of favorable
results, or includes representations or implications that in
reasonable probability will cause an ordinarily prudent person to
misunderstand or be deceived.

(9)
Committing fraud during the administration of the examination for a
license to practice or committing fraud, misrepresentation, or
deception in applying for, renewing, or securing any license or
permit issued by the board;

(10)
A departure from, or failure to conform to, minimal standards of care
of similar practitioners under the same or similar circumstances,
whether or not actual injury to a patient is established;

(11)
Violating the standards of ethical conduct adopted by the board, in
the practice of respiratory care;

(12)
The obtaining of, or attempting to obtain, money or anything of value
by fraudulent misrepresentations in the course of practice;

(13)
Violation of the conditions of limitation placed by the board upon a
license or permit;

(14)
Inability to practice according to acceptable and prevailing
standards of care by reason of mental illness or physical illness,
including physical deterioration that adversely affects cognitive,
motor, or perceptive skills;

(15)
Any of the following actions taken by an agency responsible for
authorizing, certifying, or regulating an individual to practice a
health care occupation or provide health care services in this state
or another jurisdiction, for any reason other than the nonpayment of
fees: the limitation, revocation, or suspension of an individual's
license; acceptance of an individual's license surrender; denial of a
license; refusal to renew or reinstate a license; imposition of
probation; or issuance of an order of censure or other reprimand;

(16)
The revocation, suspension, restriction, reduction, or termination of
practice privileges by the United States department of defense or
department of veterans affairs;

(17)
Termination or suspension from participation in the medicare or
medicaid programs by the department of health and human services or
other responsible agency for any act or acts that also would
constitute a violation of division (A)(10), (12), or (14) of this
section;

(18)
Impairment of ability to practice according to acceptable and
prevailing standards of care because of substance use disorder or
excessive use or abuse of drugs, alcohol, or other substances that
may impair ability to practice;

(19)
Failure to cooperate in an investigation conducted by the board under
division (E) of section 4761.03 of the Revised Code, including
failure to comply with a subpoena or order issued by the board or
failure to answer truthfully a question presented by the board in an
investigative interview, an investigative office conference, at a
deposition, or in written interrogatories, except that failure to
cooperate with an investigation shall not constitute grounds for
discipline under this section if a court of competent jurisdiction
has issued an order that either quashes a subpoena or permits the
individual to withhold the testimony or evidence in issue;

(20)
Practicing in an area of respiratory care for which the person is
clearly untrained or incompetent or practicing in a manner that
conflicts with section 4761.17 of the Revised Code;

(21)
Employing, directing, or supervising a person who is not authorized
to practice respiratory care under this chapter in the performance of
respiratory care procedures;

(22)
Misrepresenting educational attainments or authorized functions for
the purpose of obtaining some benefit related to the practice of
respiratory care;

(23)
Assisting suicide as defined in section 3795.01 of the Revised Code;

(24)
Representing, with the purpose of obtaining compensation or other
advantage as personal gain or for any other person, that an incurable
disease or injury, or other incurable condition, can be permanently
cured.

Disciplinary
actions taken by the board under division (A) of this section shall
be taken pursuant to an adjudication under Chapter 119. of the
Revised Code, except that in lieu of an adjudication, the board may
enter into a consent agreement with an individual to resolve an
allegation of a violation of this chapter or any rule adopted under
it. A consent agreement, when ratified by an affirmative vote of not
fewer than six members of the board, shall constitute the findings
and order of the board with respect to the matter addressed in the
agreement. If the board refuses to ratify a consent agreement, the
admissions and findings contained in the consent agreement shall be
of no effect.

A
telephone conference call may be utilized for ratification of a
consent agreement that revokes or suspends an individual's license or
permit. The telephone conference call shall be considered a special
meeting under division (F) of section 121.22 of the Revised Code.

(B)
The board shall not refuse to issue a license or limited permit to an
applicant because of a plea of guilty to, a judicial finding of guilt
of, or a judicial finding of eligibility for intervention in lieu of
conviction for an offense unless the refusal is in accordance with
section 9.79 of the Revised Code.

(C)
Any action taken by the board under division (A) of this section
resulting in a suspension from practice shall be accompanied by a
written statement of the conditions under which the individual's
license or permit may be reinstated. The board shall adopt rules
governing conditions to be imposed for reinstatement. Reinstatement
of a license or permit suspended pursuant to division (A) of this
section requires an affirmative vote of not fewer than six members of
the board.

(D)
When the board refuses to grant or issue a license or permit to an
applicant, revokes an individual's license or permit, refuses to
renew an individual's license or permit, or refuses to reinstate an
individual's license or permit, the board may specify that its action
is permanent. An individual subject to a permanent action taken by
the board is forever thereafter ineligible to hold a license or
permit and the board shall not accept an application for
reinstatement of the license or permit or for issuance of a new
license or permit.

(E)
If the board is required by Chapter 119. of the Revised Code to give
notice of an opportunity for a hearing and if the individual subject
to the notice does not timely request a hearing in accordance with
section 119.07 of the Revised Code, the board is not required to hold
a hearing, but may adopt, by an affirmative vote of not fewer than
six of its members, a final order that contains the board's findings.
In the final order, the board may order any of the sanctions
identified under division (A) of this section.

(F)
In enforcing division (A)(14) of this section, the board, upon a
showing of a possible violation, shall refer any individual
authorized to practice by this chapter or who has submitted an
application pursuant to this chapter to the monitoring organization
that conducts the confidential monitoring program established under
section 4731.25 of the Revised Code. The board also may compel the
individual to submit to a mental examination, physical examination,
including an HIV test, or both a mental and a physical examination.
The expense of the examination is the responsibility of the
individual compelled to be examined. Failure to submit to a mental or
physical examination or consent to an HIV test ordered by the board
constitutes an admission of the allegations against the individual
unless the failure is due to circumstances beyond the individual's
control, and a default and final order may be entered without the
taking of testimony or presentation of evidence. If the board finds
an individual unable to practice because of the reasons set forth in
division (A)(14) of this section, the board shall require the
individual to submit to care, counseling, or treatment by physicians
approved or designated by the board, as a condition for initial,
continued, reinstated, or renewed authority to practice. An
individual affected under this division shall be afforded an
opportunity to demonstrate to the board the ability to resume
practice in compliance with acceptable and prevailing standards under
the provisions of the individual's license or permit. For the purpose
of division (A)(14) of this section, any individual who applies for
or receives a license or permit to practice under this chapter
accepts the privilege of practicing in this state and, by so doing,
shall be deemed to have given consent to submit to a mental or
physical examination when directed to do so in writing by the board,
and to have waived all objections to the admissibility of testimony
or examination reports that constitute a privileged communication.

(G)
For the purposes of division (A)(18) of this section, any individual
authorized to practice by this chapter accepts the privilege of
practicing in this state subject to supervision by the board. By
filing an application for or holding a license or permit under this
chapter, an individual shall be deemed to have given consent to
submit to a mental or physical examination when ordered to do so by
the board in writing, and to have waived all objections to the
admissibility of testimony or examination reports that constitute
privileged communications.

If
it has reason to believe that any individual authorized to practice
by this chapter or any applicant for a license or permit suffers such
impairment, the board shall refer the individual to the monitoring
organization that conducts the confidential monitoring program
established under section 4731.25 of the Revised Code. The board also
may compel the individual to submit to a mental or physical
examination, or both. The expense of the examination is the
responsibility of the individual compelled to be examined. Any mental
or physical examination required under this division shall be
undertaken by a treatment provider or physician who is qualified to
conduct the examination and who is approved under section 4731.251 of
the Revised Code.

Failure
to submit to a mental or physical examination ordered by the board
constitutes an admission of the allegations against the individual
unless the failure is due to circumstances beyond the individual's
control, and a default and final order may be entered without the
taking of testimony or presentation of evidence. If the board
determines that the individual's ability to practice is impaired, the
board shall suspend the individual's license or permit or deny the
individual's application and shall require the individual, as a
condition for an initial, continued, reinstated, or renewed license
or permit, to submit to treatment.

Before
being eligible to apply for reinstatement of a license or permit
suspended under this division, the impaired practitioner shall
demonstrate to the board the ability to resume practice in compliance
with acceptable and prevailing standards of care under the provisions
of the practitioner's license or permit. The demonstration shall
include, but shall not be limited to, the following:

(1)
Certification from a treatment provider approved under section
4731.251 of the Revised Code that the individual has successfully
completed any required inpatient treatment;

(2)
Evidence of continuing full compliance with an aftercare contract or
consent agreement;

(3)
Two written reports indicating that the individual's ability to
practice has been assessed and that the individual has been found
capable of practicing according to acceptable and prevailing
standards of care. The reports shall be made by individuals or
providers approved by the board for making the assessments and shall
describe the basis for their determination.

The
board may reinstate a license or permit suspended under this division
after that demonstration and after the individual has entered into a
written consent agreement.

When
the impaired practitioner resumes practice, the board shall require
continued monitoring of the individual. The monitoring shall include,
but not be limited to, compliance with the written consent agreement
entered into before reinstatement or with conditions imposed by board
order after a hearing, and, upon termination of the consent
agreement, submission to the board for at least two years of annual
written progress reports made under penalty of perjury stating
whether the individual has maintained sobriety.

(H)(1)
If either of the following circumstances occur, the secretary and
supervising member may recommend that the board suspend an
individual's license or permit without a prior hearing:

(a)
The secretary and supervising member determine both of the following:

(i)
That there is clear and convincing evidence that an individual has
violated division (A) of this section;

(ii)
That the individual's continued practice presents a danger of
immediate and serious harm to the public.

(b)
The board receives verifiable information that a licensee has been
charged in any state or federal court for a crime classified as a
felony under the charging court's law and the conduct charged
constitutes a violation of division (A) of this section.

(2)
If a recommendation is made to suspend without a prior hearing
pursuant to division (H)(1) of this section, written allegations
shall be prepared for consideration by the board. The board, upon
review of those allegations and by an affirmative vote of not fewer
than six of its members, excluding the secretary and supervising
member, may suspend a license or permit without a prior hearing. A
telephone conference call may be utilized for reviewing the
allegations and taking the vote on the summary suspension.

The
board shall serve a written order of suspension in accordance with
sections 119.05 and 119.07 of the Revised Code.
The
order shall not be subject to suspension by the court during pendency
of any appeal filed under section 119.12 of the Revised Code.
If
the individual subject to the summary suspension requests an
adjudicatory hearing by the board, the date set for the hearing shall
be within fifteen days, but not earlier than seven days, after the
individual requests the hearing, unless otherwise agreed to by both
the board and the individual.

(3)
Any summary suspension imposed under
this

division

(H)(2)
of this section is not a final appealable order and is not an
adjudication that may be appealed under section 119.12 of the Revised
Code. The summary suspension
shall
remain in effect
,
unless reversed on appeal,

until a final adjudicative order issued by the board pursuant to this
section and Chapter 119. of the Revised Code becomes effective
.
Once a final adjudicative order has been issued by the board, any
party adversely affected by it may file an appeal in accordance with
the requirements of Chapter 119. of the Revised Code
.

The

The

board
shall issue its final adjudicative order within seventy-five days
after completion of its hearing. A failure to issue the order within
seventy-five days shall result in dissolution of the summary
suspension order but shall not invalidate any subsequent, final
adjudicative order.

(I)
For purposes of divisions (A)(2), (4), and (6) of this section, the
commission of the act may be established by a finding by the board,
pursuant to an adjudication under Chapter 119. of the Revised Code,
that the individual committed the act. The board does not have
jurisdiction under those divisions if the trial court renders a final
judgment in the individual's favor and that judgment is based upon an
adjudication on the merits. The board has jurisdiction under those
divisions if the trial court issues an order of dismissal upon
technical or procedural grounds.

(J)
The sealing or expungement of conviction records by any court shall
have no effect upon a prior board order entered under this section or
upon the board's jurisdiction to take action under this section if,
based upon a plea of guilty, a judicial finding of guilt, or a
judicial finding of eligibility for intervention in lieu of
conviction, the board issued a notice of opportunity for a hearing
prior to the court's order to seal or expunge the records. The board
shall not be required to seal, destroy, redact, or otherwise modify
its records to reflect the court's sealing or expungement of
conviction records.

(K)
If the board takes action under division (A)(1), (3), or (5) of this
section, and the judicial finding of guilt, guilty plea, or judicial
finding of eligibility for intervention in lieu of conviction is
overturned on appeal, upon exhaustion of the criminal appeal, a
petition for reconsideration of the order may be filed with the board
along with appropriate court documents. Upon receipt of a petition
for reconsideration and supporting court documents, the board shall
reinstate the individual's license or permit. The board may then hold
an adjudication under Chapter 119. of the Revised Code to determine
whether the individual committed the act in question. Notice of an
opportunity for a hearing shall be given in accordance with Chapter
119. of the Revised Code. If the board finds, pursuant to an
adjudication held under this division, that the individual committed
the act or if no hearing is requested, the board may order any of the
sanctions identified under division (A) of this section.

(L)
The license or permit issued to an individual under this chapter and
the individual's practice in this state are automatically suspended
as of the date the individual pleads guilty to, is found by a judge
or jury to be guilty of, or is subject to a judicial finding of
eligibility for intervention in lieu of conviction in this state or
treatment or intervention in lieu of conviction in another
jurisdiction for any of the following criminal offenses in this state
or a substantially equivalent criminal offense in another
jurisdiction: aggravated murder, murder, voluntary manslaughter,
felonious assault, trafficking in persons, kidnapping, rape, sexual
battery, gross sexual imposition, aggravated arson, aggravated
robbery, or aggravated burglary. Continued practice after suspension
shall be considered practicing without a license or permit.

The
board shall serve the individual subject to the suspension in
accordance with sections 119.05 and 119.07 of the Revised Code. If an
individual whose license or permit is automatically suspended under
this division fails to make a timely request for an adjudication
under Chapter 119. of the Revised Code, the board shall enter a final
order permanently revoking the individual's license or permit.

(M)
Notwithstanding any other provision of the Revised Code, all of the
following apply:

(1)
The surrender of a license or permit issued under this chapter shall
not be effective unless or until accepted by the board. A telephone
conference call may be utilized for acceptance of the surrender of an
individual's license or permit. The telephone conference call shall
be considered a special meeting under division (F) of section 121.22
of the Revised Code. Reinstatement of a license or permit surrendered
to the board requires an affirmative vote of not fewer than six
members of the board.

(2)
An application for a license or permit made under the provisions of
this chapter may not be withdrawn without approval of the board.

(3)
Failure by an individual to renew a license or permit in accordance
with this chapter does not remove or limit the board's jurisdiction
to take any disciplinary action under this section against the
individual.

(4)
The placement of an individual's license on retired status, as
described in section 4761.062 of the Revised Code, does not remove or
limit the board's jurisdiction to take any disciplinary action
against the individual with regard to the license as it existed
before being placed on retired status.

(5)
At the request of the board, a license or permit holder shall
immediately surrender to the board a license or permit that the board
has suspended, revoked, or permanently revoked.

Sec.
4761.99.
Whoever
violates division (A) of section 4761.10 of the Revised Code is
guilty of a minor misdemeanor on a first offense. On a second
offense, the person is guilty of a misdemeanor of the fourth degree.
On each subsequent offense, the person is guilty of a misdemeanor of
the first degree.

Whoever
violates division (B)(2) or (C) of section 4761.14 of the Revised
Code is guilty of
failure
to report criminal conduct or sexual misconduct,
a
misdemeanor of the fourth degree
.
If the offender has previously been convicted of a violation of this
division, the failure to report
;
on each subsequent offense, the person

is
guilty
of
a
misdemeanor of the first degree.

Whoever
violates division (E)(5) of section 4761.03 of the Revised Code is
guilty of
disclosing
confidential investigatory information,
a
misdemeanor of the first degree.

Sec.
4762.13.
(A)
The state medical board, by an affirmative vote of not fewer than six
members, may refuse to grant a license to practice as an oriental
medicine practitioner or license to practice as an acupuncturist to,
or may revoke the license held by, an individual found by the board
to have committed fraud, misrepresentation, or deception in applying
for or securing the license.

(B)
The board, by an affirmative vote of not fewer than six members,
shall, except as provided in division (C) of this section, and to the
extent permitted by law, limit, revoke, or suspend an individual's
license to practice, refuse to issue a license to an applicant,
refuse to renew a license, refuse to reinstate a license, or
reprimand or place on probation the holder of a license for any of
the following reasons:

(1)
Permitting the holder's name or license to be used by another person;

(2)
Failure to comply with the requirements of this chapter, Chapter
4731. of the Revised Code, or any rules adopted by the board;

(3)
Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter, Chapter 4731. of the Revised Code, or
the rules adopted by the board;

(4)
A departure from, or failure to conform to, minimal standards of care
of similar practitioners under the same or similar circumstances
whether or not actual injury to the patient is established;

(5)
Inability to practice according to acceptable and prevailing
standards of care by reason of mental illness or physical illness,
including physical deterioration that adversely affects cognitive,
motor, or perceptive skills;

(6)
Impairment of ability to practice according to acceptable and
prevailing standards of care because of substance use disorder or
excessive use or abuse of drugs, alcohol, or other substances that
may impair ability to practice;

(7)
Willfully betraying a professional confidence;

(8)
Making a false, fraudulent, deceptive, or misleading statement in
soliciting or advertising for patients or in securing or attempting
to secure a license to practice as an oriental medicine practitioner
or license to practice as an acupuncturist.

As
used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive because of
a failure to disclose material facts, is intended or is likely to
create false or unjustified expectations of favorable results, or
includes representations or implications that in reasonable
probability will cause an ordinarily prudent person to misunderstand
or be deceived.

(9)
Representing, with the purpose of obtaining compensation or other
advantage personally or for any other person, that an incurable
disease or injury, or other incurable condition, can be permanently
cured;

(10)
The obtaining of, or attempting to obtain, money or a thing of value
by fraudulent misrepresentations in the course of practice;

(11)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
felony;

(12)
Commission of an act that constitutes a felony in this state,
regardless of the jurisdiction in which the act was committed;

(13)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor committed in the course of practice;

(14)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor involving moral turpitude;

(15)
Commission of an act in the course of practice that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(16)
Commission of an act involving moral turpitude that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(17)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for
violating any state or federal law regulating the possession,
distribution, or use of any drug, including trafficking in drugs;

(18)
Any of the following actions taken by the state agency responsible
for regulating the practice of oriental medicine or acupuncture in
another jurisdiction, for any reason other than the nonpayment of
fees: the limitation, revocation, or suspension of an individual's
license to practice; acceptance of an individual's license surrender;
denial of a license; refusal to renew or reinstate a license;
imposition of probation; or issuance of an order of censure or other
reprimand;

(19)
Violation of the conditions placed by the board on a license to
practice as an oriental medicine practitioner or license to practice
as an acupuncturist;

(20)
Failure to use universal blood and body fluid precautions established
by rules adopted under section 4731.051 of the Revised Code;

(21)
Failure to cooperate in an investigation conducted by the board under
section 4762.14 of the Revised Code, including failure to comply with
a subpoena or order issued by the board or failure to answer
truthfully a question presented by the board at a deposition or in
written interrogatories, except that failure to cooperate with an
investigation shall not constitute grounds for discipline under this
section if a court of competent jurisdiction has issued an order that
either quashes a subpoena or permits the individual to withhold the
testimony or evidence in issue;

(22)
Failure to comply with the standards of the national certification
commission for acupuncture and oriental medicine regarding
professional ethics, commitment to patients, commitment to the
profession, and commitment to the public;

(23)
Failure to have adequate professional liability insurance coverage in
accordance with section 4762.22 of the Revised Code;

(24)
Failure to maintain a current and active designation as a diplomate
in oriental medicine, diplomate of acupuncture and Chinese herbology,
or diplomate in acupuncture, as applicable, from the national
certification commission for acupuncture and oriental medicine,
including revocation by the commission of the individual's
designation, failure by the individual to meet the commission's
requirements for redesignation, or failure to notify the board that
the appropriate designation has not been maintained.

(C)
The board shall not refuse to issue a certificate to an applicant
because of a plea of guilty to, a judicial finding of guilt of, or a
judicial finding of eligibility for intervention in lieu of
conviction for an offense unless the refusal is in accordance with
section 9.79 of the Revised Code.

(D)
Disciplinary actions taken by the board under divisions (A) and (B)
of this section shall be taken pursuant to an adjudication under
Chapter 119. of the Revised Code, except that in lieu of an
adjudication, the board may enter into a consent agreement with an
oriental medicine practitioner or acupuncturist or applicant to
resolve an allegation of a violation of this chapter or any rule
adopted under it. A consent agreement, when ratified by an
affirmative vote of not fewer than six members of the board, shall
constitute the findings and order of the board with respect to the
matter addressed in the agreement. If the board refuses to ratify a
consent agreement, the admissions and findings contained in the
consent agreement shall be of no force or effect.

(E)
For purposes of divisions (B)(12), (15), and (16) of this section,
the commission of the act may be established by a finding by the
board, pursuant to an adjudication under Chapter 119. of the Revised
Code, that the applicant or license holder committed the act in
question. The board shall have no jurisdiction under these divisions
in cases where the trial court renders a final judgment in the
license holder's favor and that judgment is based upon an
adjudication on the merits. The board shall have jurisdiction under
these divisions in cases where the trial court issues an order of
dismissal upon technical or procedural grounds.

(F)
The sealing or expungement of conviction records by any court shall
have no effect upon a prior board order entered under the provisions
of this section or upon the board's jurisdiction to take action under
the provisions of this section if, based upon a plea of guilty, a
judicial finding of guilt, or a judicial finding of eligibility for
intervention in lieu of conviction, the board issued a notice of
opportunity for a hearing or entered into a consent agreement prior
to the court's order to seal or expunge the records. The board shall
not be required to seal, destroy, redact, or otherwise modify its
records to reflect the court's sealing or expungement of conviction
records.

(G)
For purposes of this division, any individual who holds a license to
practice issued under this chapter, or applies for a license to
practice, shall be deemed to have given consent to submit to a mental
or physical examination when directed to do so in writing by the
board and to have waived all objections to the admissibility of
testimony or examination reports that constitute a privileged
communication.

(1)
In enforcing division (B)(5) of this section, the board, upon a
showing of a possible violation, shall refer any individual who
holds, or has applied for, a license under this chapter to the
monitoring organization that conducts the confidential monitoring
program established under section 4731.25 of the Revised Code. The
board also may compel the individual to submit to a mental
examination, physical examination, including an HIV test, or both a
mental and physical examination. The expense of the examination is
the responsibility of the individual compelled to be examined.
Failure to submit to a mental or physical examination or consent to
an HIV test ordered by the board constitutes an admission of the
allegations against the individual unless the failure is due to
circumstances beyond the individual's control, and a default and
final order may be entered without the taking of testimony or
presentation of evidence. If the board finds an oriental medicine
practitioner or acupuncturist unable to practice because of the
reasons set forth in division (B)(5) of this section, the board shall
require the individual to submit to care, counseling, or treatment by
physicians approved or designated by the board, as a condition for an
initial, continued, reinstated, or renewed license to practice. An
individual affected by this division shall be afforded an opportunity
to demonstrate to the board the ability to resume practicing in
compliance with acceptable and prevailing standards of care.

(2)
For purposes of division (B)(6) of this section, if the board has
reason to believe that any individual who holds a license to practice
issued under this chapter or any applicant for a license suffers such
impairment, the board shall refer the individual to the monitoring
organization that conducts the confidential monitoring program
established under section 4731.25 of the Revised Code. The board also
may compel the individual to submit to a mental or physical
examination, or both. The expense of the examination is the
responsibility of the individual compelled to be examined. Any mental
or physical examination required under this division shall be
undertaken by a treatment provider or physician qualified to conduct
such examination and approved under section 4731.251 of the Revised
Code.

Failure
to submit to a mental or physical examination ordered by the board
constitutes an admission of the allegations against the individual
unless the failure is due to circumstances beyond the individual's
control, and a default and final order may be entered without the
taking of testimony or presentation of evidence. If the board
determines that the individual's ability to practice is impaired, the
board shall suspend the individual's license or deny the individual's
application and shall require the individual, as a condition for an
initial, continued, reinstated, or renewed license, to submit to
treatment.

Before
being eligible to apply for reinstatement of a license suspended
under this division, the oriental medicine practitioner or
acupuncturist shall demonstrate to the board the ability to resume
practice in compliance with acceptable and prevailing standards of
care. The demonstration shall include the following:

(a)
Certification from a treatment provider approved under section
4731.251 of the Revised Code that the individual has successfully
completed any required inpatient treatment;

(b)
Evidence of continuing full compliance with an aftercare contract or
consent agreement;

(c)
Two written reports indicating that the individual's ability to
practice has been assessed and that the individual has been found
capable of practicing according to acceptable and prevailing
standards of care. The reports shall be made by individuals or
providers approved by the board for making such assessments and shall
describe the basis for their determination.

The
board may reinstate a license suspended under this division after
such demonstration and after the individual has entered into a
written consent agreement.

When
the impaired individual resumes practice, the board shall require
continued monitoring of the individual. The monitoring shall include
monitoring of compliance with the written consent agreement entered
into before reinstatement or with conditions imposed by board order
after a hearing, and, upon termination of the consent agreement,
submission to the board for at least two years of annual written
progress reports made under penalty of falsification stating whether
the individual has maintained sobriety.

(H)(1)
If either of the following circumstances occur, the secretary and
supervising member may recommend that the board suspend an
individual's license to practice without a prior hearing:

(a)
The secretary and supervising member determine both of the following:

(i)
That there is clear and convincing evidence that an oriental medicine
practitioner or acupuncturist has violated division (B) of this
section;

(ii)
That the individual's continued practice presents a danger of
immediate and serious harm to the public.

(b)
The board receives verifiable information that a licensee has been
charged in any state or federal court for a crime classified as a
felony under the charging court's law and the conduct charged
constitutes a violation of division (B) of this section.

(2)
If a recommendation is made to suspend without a prior hearing
pursuant to division (H)(1) of this section, written allegations
shall be prepared for consideration by the board. The board, upon
review of the allegations and by an affirmative vote of not fewer
than six of its members, excluding the secretary and supervising
member, may suspend a license without a prior hearing. A telephone
conference call may be utilized for reviewing the allegations and
taking the vote on the summary suspension.

The
board shall serve a written order of suspension in accordance with
sections 119.05 and 119.07 of the Revised Code.
The
order shall not be subject to suspension by the court during pendency
of any appeal filed under section 119.12 of the Revised Code.
If
the oriental medicine practitioner or acupuncturist requests an
adjudicatory hearing by the board, the date set for the hearing shall
be within fifteen days, but not earlier than seven days, after the
hearing is requested, unless otherwise agreed to by both the board
and the license holder.

(3)
A summary suspension imposed under
this

division

(H)(2)
of this section is not a final appealable order and is not an
adjudication that may be appealed under section 119.12 of the Revised
Code. The summary suspension
shall
remain in effect
,
unless reversed on appeal,

until a final adjudicative order issued by the board pursuant to this
section and Chapter 119. of the Revised Code becomes effective
.
Once a final adjudicative order has been issued by the board, any
party adversely affected by it may file an appeal in accordance with
the requirements of Chapter 119. of the Revised Code
.

The

The

board
shall issue its final adjudicative order within
sixty

seventy-five

days
after completion of its hearing. Failure to issue the order within

sixty

seventy-five

days
shall result in dissolution of the summary suspension order, but
shall not invalidate any subsequent, final adjudicative order.

(I)
If the board takes action under division (B)(11), (13), or (14) of
this section, and the judicial finding of guilt, guilty plea, or
judicial finding of eligibility for intervention in lieu of
conviction is overturned on appeal, upon exhaustion of the criminal
appeal, a petition for reconsideration of the order may be filed with
the board along with appropriate court documents. Upon receipt of a
petition and supporting court documents, the board shall reinstate
the license. The board may then hold an adjudication under Chapter
119. of the Revised Code to determine whether the individual
committed the act in question. Notice of opportunity for hearing
shall be given in accordance with Chapter 119. of the Revised Code.
If the board finds, pursuant to an adjudication held under this
division, that the individual committed the act, or if no hearing is
requested, it may order any of the sanctions specified in division
(B) of this section.

(J)
The license to practice of an oriental medicine practitioner or
acupuncturist and the practitioner's or acupuncturist's practice in
this state are automatically suspended as of the date the
practitioner or acupuncturist pleads guilty to, is found by a judge
or jury to be guilty of, or is subject to a judicial finding of
eligibility for intervention in lieu of conviction in this state or
treatment or intervention in lieu of conviction in another
jurisdiction for any of the following criminal offenses in this state
or a substantially equivalent criminal offense in another
jurisdiction: aggravated murder, murder, voluntary manslaughter,
felonious assault, trafficking in persons, kidnapping, rape, sexual
battery, gross sexual imposition, aggravated arson, aggravated
robbery, or aggravated burglary. Continued practice after the
suspension shall be considered practicing without a license.

The
board shall serve the individual subject to the suspension in
accordance with sections 119.05 and 119.07 of the Revised Code. If an
individual whose license is suspended under this division fails to
make a timely request for an adjudication under Chapter 119. of the
Revised Code, the board shall enter a final order permanently
revoking the individual's license.

(K)
In any instance in which the board is required by Chapter 119. of the
Revised Code to give notice of opportunity for hearing and the
individual subject to the notice does not timely request a hearing in
accordance with section 119.07 of the Revised Code, the board is not
required to hold a hearing, but may adopt, by an affirmative vote of
not fewer than six of its members, a final order that contains the
board's findings. In the final order, the board may order any of the
sanctions identified under division (A) or (B) of this section.

(L)
Any action taken by the board under division (B) of this section
resulting in a suspension shall be accompanied by a written statement
of the conditions under which the license may be reinstated. The
board shall adopt rules in accordance with Chapter 119. of the
Revised Code governing conditions to be imposed for reinstatement.
Reinstatement of a license suspended pursuant to division (B) of this
section requires an affirmative vote of not fewer than six members of
the board.

(M)
When the board refuses to grant or issue a license to an applicant,
revokes an individual's license, refuses to renew an individual's
license, or refuses to reinstate an individual's license, the board
may specify that its action is permanent. An individual subject to a
permanent action taken by the board is forever thereafter ineligible
to hold a license to practice as an oriental medicine practitioner or
license to practice as an acupuncturist and the board shall not
accept an application for reinstatement of the license or for
issuance of a new license.

(N)
Notwithstanding any other provision of the Revised Code, all of the
following apply:

(1)
The surrender of a license to practice as an oriental medicine
practitioner or license to practice as an acupuncturist issued under
this chapter is not effective unless or until accepted by the board.
Reinstatement of a license surrendered to the board requires an
affirmative vote of not fewer than six members of the board.

(2)
An application made under this chapter for a license may not be
withdrawn without approval of the board.

(3)
Failure by an individual to renew a license in accordance with
section 4762.06 of the Revised Code does not remove or limit the
board's jurisdiction to take disciplinary action under this section
against the individual.

(4)
The placement of an individual's license on retired status, as
described in section 4762.062 of the Revised Code, does not remove or
limit the board's jurisdiction to take any disciplinary action
against the individual with regard to the license as it existed
before being placed on retired status.

Sec.
4762.99.
(A)
Whoever violates section 4762.02 of the Revised Code is guilty of a
misdemeanor of the first degree on a first offense; on each
subsequent offense, the person is guilty of a felony of the fourth
degree.

(B)(1)
Whoever violates division (B)(1), (C)(1), (C)(2), (D), or (E) of
section 4762.16 of the Revised Code is guilty of a minor misdemeanor
on a first offense; on each subsequent offense the person is guilty
of a misdemeanor of the fourth degree, except that an individual
guilty of a subsequent offense shall not be subject to imprisonment,
but to a fine alone of up to one thousand dollars for each offense.

(2)
Whoever violates division (B)(2) or (C)(3) of section 4762.16 of the
Revised Code is guilty of
failure
to report criminal conduct or sexual misconduct,
a
misdemeanor of the fourth degree
.
If the offender has previously been convicted of a violation of this
division, the failure to report

on
a first offense; on each subsequent offense, the person
is

guilty
of
a
misdemeanor of the first degree.

(C)
Whoever violates division (E) of section 4762.14 of the Revised Code
is guilty of
disclosing
confidential investigatory information,
a
misdemeanor of the first degree.

Sec.
4765.11.
(A)
The state board of emergency medical, fire, and transportation
services shall adopt, and may amend and rescind, rules in accordance
with Chapter 119. of the Revised Code and divisions (C) and (D) of
this section that establish all of the following:

(1)
Procedures for its governance and the control of its actions and
business affairs;

(2)
Standards for the performance of emergency medical services by first
responders, emergency medical technicians-basic, emergency medical
technicians-intermediate, and emergency medical
technicians-paramedic;

(3)
Application fees for certificates of accreditation, certificates of
approval, certificates to teach, and certificates to practice, which
shall be deposited into the trauma and emergency medical services
fund created in section 4513.263 of the Revised Code;

(4)
Criteria for determining when the application or renewal fee for a
certificate to practice may be waived because an applicant cannot
afford to pay the fee;

(5)
Procedures for issuance and renewal of certificates of accreditation,
certificates of approval, certificates to teach, and certificates to
practice, including any measures necessary to implement section 9.79
of the Revised Code and any procedures necessary to ensure that
adequate notice of renewal is provided in accordance with division
(E) of section 4765.30 of the Revised Code;

(6)
Procedures for suspending or revoking certificates of accreditation,
certificates of approval, certificates to teach, and certificates to
practice;

(7)
Grounds for suspension or revocation of a certificate to practice
issued under section 4765.30 of the Revised Code and for taking any
other disciplinary action against a first responder, EMT-basic,
EMT-I, or paramedic;

(8)
Procedures for taking disciplinary action against a first responder,
EMT-basic, EMT-I, or paramedic;

(9)
Standards for certificates of accreditation and certificates of
approval;

(10)
Qualifications for certificates to teach;

(11)
Requirements for a certificate to practice;

(12)
The curricula, number of hours of instruction and training, and
instructional materials to be used in adult and pediatric emergency
medical services training programs and adult and pediatric emergency
medical services continuing education programs;

(13)
Procedures for conducting courses in recognizing symptoms of
life-threatening allergic reactions and in calculating proper dosage
levels and administering injections of epinephrine to adult and
pediatric patients who suffer life-threatening allergic reactions;

(14)
Examinations for certificates to practice;

(15)
Procedures for administering examinations for certificates to
practice;

(16)
Procedures for approving examinations that demonstrate competence to
have a certificate to practice renewed without completing an
emergency medical services continuing education program;

(17)
Procedures for granting extensions and exemptions of emergency
medical services continuing education requirements;

(18)
Specifications of the emergency medical services that first
responders are authorized to perform under section 4765.35 of the
Revised Code, that EMTs-basic are authorized to perform under section
4765.37 of the Revised Code, that EMTs-I are authorized to perform
under section 4765.38 of the Revised Code, and that paramedics are
authorized to perform under section 4765.39 of the Revised Code;

(19)
Standards and procedures for implementing the requirements of section
4765.06 of the Revised Code, including designations of the persons
who are required to report information to the board and the types of
information to be reported;

(20)
Procedures for administering the emergency medical services grant
program established under section 4765.07 of the Revised Code;

(21)
Procedures consistent with Chapter 119. of the Revised Code for
appealing decisions of the board;

(22)
Minimum qualifications and peer review and quality improvement
requirements for persons who provide medical direction to emergency
medical service personnel, including, subject to division (B) of
section 4765.42 of the Revised Code, qualifications for a physician
to be eligible to serve as the medical director of an emergency
medical service organization or a member of its cooperating physician
advisory board;

(23)
The manner in which a patient, or a patient's parent, guardian, or
custodian, may consent to the board releasing identifying information
about the patient under division (D) of section 4765.102 of the
Revised Code;

(24)
Circumstances under which a training program or continuing education
program, or portion of either type of program, may be taught by a
person who does not hold a certificate to teach issued under section
4765.23 of the Revised Code;

(25)
Certification cycles for certificates issued under sections 4765.23
and 4765.30 of the Revised Code and certificates issued by the
executive director of the state board of emergency medical, fire, and
transportation services under section 4765.55 of the Revised Code
that establish a common expiration date for all certificates
;

(26)
Procedures by which the holder of a certificate to practice who
intends to retire may request the emergency medical service
organization for which the holder performs services to direct the
board to designate the holder as "retired" in the board's
records when the holder retires
.

(B)
The board may adopt, and may amend and rescind, rules in accordance
with Chapter 119. of the Revised Code and divisions (C) and (D) of
this section that establish any of the following:

(1)
Specifications of information that may be collected under the trauma
system registry and incidence reporting system created under section
4765.06 of the Revised Code;

(2)
Standards and procedures for implementing any of the recommendations
made by any committees of the board or under section 4765.04 of the
Revised Code;

(3)
Procedures and requirements for conducting background checks on
applicants for the issuance and renewal of certificates of
accreditation, certificates of approval, certificates to teach, and
certificates to practice in accordance with section 109.578 of the
Revised Code;

(4)
Any other rules necessary to implement this chapter.

(C)
In developing and administering rules adopted under this chapter, the
state board of emergency medical, fire, and transportation services
shall consult with regional directors and regional advisory boards
appointed under section 4765.05 of the Revised Code and emphasize the
special needs of pediatric and geriatric patients.

(D)
On and after April 6, 2023, the executive director shall not issue to
any new applicant a certificate to practice as an emergency medical
services assistant instructor. Any emergency medical services
assistant instructor certificate that was issued in accordance with
rules adopted under division (A) of this section prior to April 6,
2023, remains valid, subject to any conditions or responsibilities of
retaining the validity of that certificate, until the holder of the
certificate allows it to expire or lapse. The certificate may be
renewed by the holder of that certificate. The board shall adopt,
amend, or rescind rules in accordance with Chapter 119. of the
Revised Code in order to effectuate this division.

(E)
Except as otherwise provided in this division, before adopting,
amending, or rescinding any rule under this chapter, the board shall
submit the proposed rule to the director of public safety for review.
The director may review the proposed rule for not more than sixty
days after the date it is submitted. If, within this sixty-day
period, the director approves the proposed rule or does not notify
the board that the rule is disapproved, the board may adopt, amend,
or rescind the rule as proposed. If, within this sixty-day period,
the director notifies the board that the proposed rule is
disapproved, the board shall not adopt, amend, or rescind the rule as
proposed unless at least twelve members of the board vote to adopt,
amend, or rescind it.

This
division does not apply to an emergency rule adopted in accordance
with section 119.03 of the Revised Code.

(F)
Notwithstanding any requirement for a certificate issued in
accordance with rules adopted by the board under this section, the
board, in accordance with Chapter 4796. of the Revised Code, shall
issue a certificate that is a license as defined in section 4796.01
of the Revised Code to an individual if either of the following
applies:

(1)
The individual holds a license or certificate in another state.

(2)
The individual has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a first responder, emergency medical technician-basic,
emergency medical technician-intermediate, or emergency medical
technician-paramedic in a state that does not issue that license or
certificate.

Sec.
4765.55.
(A)
The executive director of the state board of emergency medical, fire,
and transportation services, with the advice and counsel of the
firefighter and fire safety inspector training committee of the state
board of emergency medical, fire, and transportation services, shall
assist in the establishment and maintenance by any state agency, or
any county, township, city, village, school district, or educational
service center of a fire service training program for the training of
all persons in positions of any fire training certification level
approved by the executive director, including full-time paid
firefighters, part-time paid firefighters, volunteer firefighters,
and fire safety inspectors in this state. The executive director,
with the advice and counsel of the committee, shall adopt rules to
regulate those firefighter and fire safety inspector training
programs, and other training programs approved by the executive
director. The rules may include, but need not be limited to, training
curriculum, certification examinations, training schedules, minimum
hours of instruction, attendance requirements, required equipment and
facilities, basic physical requirements, and methods of training for
all persons in positions of any fire training certification level
approved by the executive director, including full-time paid
firefighters, part-time paid firefighters, volunteer firefighters,
and fire safety inspectors. The rules adopted to regulate training
programs for volunteer firefighters shall not require more than
thirty-six hours of training.

The
executive director, with the advice and counsel of the committee,
shall provide for the classification and chartering of fire service
training programs in accordance with rules adopted under division (B)
of this section, and may take action against any chartered training
program or applicant, in accordance with rules adopted under
divisions (B)(4) and (5) of this section, for failure to meet
standards set by the adopted rules.

(B)
The executive director, with the advice and counsel of the
firefighter and fire safety inspector training committee of the state
board of emergency medical, fire, and transportation services, shall
adopt, and may amend or rescind, rules under Chapter 119. of the
Revised Code that establish all of the following:

(1)
Requirements for, and procedures for chartering, the training
programs regulated by this section;

(2)
Requirements for, and requirements and procedures for obtaining and
renewing, an instructor certificate to teach the training programs
and continuing education classes regulated by this section;

(3)
Requirements for, and requirements and procedures for obtaining and
renewing, any of the fire training certificates regulated by this
section;

(4)
Grounds and procedures for suspending, revoking, restricting, or
refusing to issue or renew any of the certificates or charters
regulated by this section, which grounds shall be limited to one of
the following:

(a)
Failure to satisfy the education or training requirements of this
section;

(b)
Conviction of a felony offense;

(c)
Conviction of a misdemeanor involving moral turpitude;

(d)
Conviction of a misdemeanor committed in the course of practice;

(e)
In the case of a chartered training program or applicant, failure to
meet standards set by the rules adopted under this division.

(5)
Grounds and procedures for imposing and collecting fines, not to
exceed one thousand dollars, in relation to actions taken under
division (B)(4) of this section against persons holding certificates
and charters regulated by this section, the fines to be deposited
into the trauma and emergency medical services fund established under
section 4513.263 of the Revised Code;

(6)
Continuing education requirements for certificate holders, including
a requirement that credit shall be granted for in-service training
programs conducted by local entities. The continuing education
requirements shall not require more than thirty-six hours of
continuing education every three-year certification cycle. Local
entities may require additional continuing education, provided that
completion of such additional continuing education is not required
for renewal of certification.

(7)
Procedures for considering the granting of an extension or exemption
of fire service continuing education requirements;

(8)
Certification cycles for which the certificates and charters
regulated by this section are valid;

(9)
If determined necessary by the executive director, procedures and
requirements for conducting background checks on applicants for the
issuance and renewal of certification as a fire safety inspector in
accordance with section 109.578 of the Revised Code
;

(10)
Procedures by which a firefighter or fire safety inspector who
intends to retire may request the department for which the
firefighter or inspector performs services to direct the executive
director of the state board of emergency medical, fire, and
transportation services to designate the firefighter or inspector as
"retired" in the board's records when the firefighter or
inspector retires
.

(C)(1)
The executive director, with the advice and counsel of the
firefighter and fire safety inspector training committee of the state
board of emergency medical, fire, and transportation services, shall
issue or renew an instructor certificate to teach the training
programs and continuing education classes regulated by this section
to any applicant that the executive director determines meets the
qualifications established in rules adopted under division (B) of
this section, and may take disciplinary action against an instructor
certificate holder or applicant in accordance with rules adopted
under division (B) of this section.

(2)
On and after April 6, 2023, the executive director shall not issue to
any new applicant a certificate to practice as an assistant fire
instructor. Any assistant fire instructor certificate that was issued
in accordance with rules adopted under division (B) of this section
prior to April 6, 2023, remains valid, subject to any conditions or
responsibilities of retaining the validity of that certificate, until
the holder of the certificate allows it to expire or lapse. The
certificate may be renewed by the holder of that certificate. The
executive director shall adopt, amend, or rescind rules in accordance
with Chapter 119. of the Revised Code in order to effectuate division
(C)(2) of this section.

(3)
The executive director, with the advice and counsel of the committee,
shall charter or renew the charter of any training program that the
executive director determines meets the qualifications established in
rules adopted under division (B) of this section, and may take
disciplinary action against the holder of a charter in accordance
with rules adopted under division (B) of this section.

(D)
The executive director shall issue or renew a fire training
certificate for a firefighter, a fire safety inspector, or another
position of any fire training certification level approved by the
executive director, to any applicant that the executive director
determines meets the qualifications established in rules adopted
under division (B) of this section and may take disciplinary actions
against a certificate holder or applicant in accordance with rules
adopted under division (B) of this section.

(E)
Certificates issued under this section shall be on a form prescribed
by the executive director, with the advice and counsel of the
firefighter and fire safety inspector training committee of the state
board of emergency medical, fire, and transportation services.

(F)(1)
The executive director, with the advice and counsel of the
firefighter and fire safety inspector training committee of the state
board of emergency medical, fire, and transportation services, shall
establish criteria for evaluating the standards maintained by the
branches of the United States military for firefighter, fire safety
inspector, and fire instructor training programs, and other training
programs recognized by the executive director, to determine whether
the standards are equivalent to those established under this section
and shall establish requirements and procedures for issuing a
certificate to each person who presents proof to the executive
director of having satisfactorily completed a training program that
meets those standards.

(2)
The executive director, with the committee's advice and counsel,
shall adopt rules establishing requirements and procedures for
issuing a fire training certificate in lieu of completing a chartered
training program.

(G)
Notwithstanding any requirement for a certificate issued under this
section, the executive director shall issue a certificate in
accordance with Chapter 4796. of the Revised Code to an individual if
either of the following applies:

(1)
The individual holds a license or certificate in another state.

(2)
The individual has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a firefighter or fire safety inspector in a state that
does not issue that license or certificate.

(H)
Nothing in this section invalidates any other section of the Revised
Code relating to the fire training academy. Section 4765.11 of the
Revised Code does not affect any powers and duties granted to the
executive director under this section.

(I)
Notwithstanding any provision of division (B)(4) of this section to
the contrary, the executive director shall not adopt rules for
refusing to issue any of the certificates or charters regulated by
this section to an applicant because of a criminal conviction unless
the rules establishing grounds and procedures for refusal are in
accordance with section 9.79 of the Revised Code.

Sec.
4767.10.
(A)
The division of real estate in the department of commerce shall use

one
dollar
six
dollars
of
each burial permit fee collected pursuant to section 3705.17 of the
Revised Code and paid into the state treasury to the credit of the
cemetery registration fund created under section 4767.03 of the
Revised Code to advance grants to cemeteries registered with the
division to defray the costs of exceptional cemetery maintenance or
training cemetery personnel in the maintenance and operation of
cemeteries. The division may not provide a grant to a corporation or
association that operates a cemetery for profit.
Grants
provided under this section shall not exceed five thousand dollars.
An operator of five or more cemeteries registered with the division
may apply for and receive one grant per year. All other operators of
cemeteries registered with the division may apply for and receive one
grant every other year.
The
division shall advance grants from the cemetery registration fund in
accordance with rules adopted by the Ohio cemetery dispute resolution
commission under Chapter 119. of the Revised Code.

(B)
The director of commerce may increase, by rule adopted under Chapter
119. of the Revised Code, the amount of total grants the division may
advance in a fiscal year if the director determines the total amount
of funds generated exceeds the amount of funds the division needs to
carry out its powers and duties under this section. If the director
determines the increased amount depletes the amount of funds the
division needs to carry out its powers and duties under this section,
the director may decrease the amount not below the amount specified
in division (A) of this section.

Sec.
4772.20.
(A)
The state medical board, by an affirmative vote of not fewer than six
members, may revoke or may refuse to grant a license to practice as a
certified mental health assistant to an individual found by the board
to have committed fraud, misrepresentation, or deception in applying
for or securing the license.

(B)
The board, by an affirmative vote of not fewer than six members,
shall, except as provided in division (C) of this section, and to the
extent permitted by law, limit, revoke, or suspend an individual's
license to practice as a certified mental health assistant, refuse to
issue a license to an applicant, refuse to renew a license, refuse to
reinstate a license, or reprimand or place on probation the holder of
a license for any of the following reasons:

(1)
Permitting the holder's name or license to be used by another person;

(2)
Failure to comply with the requirements of this chapter, Chapter
4731. of the Revised Code, or any rules adopted by the board;

(3)
Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter, Chapter 4731. of the Revised Code, or
the rules adopted by the board;

(4)
A departure from, or failure to conform to, minimal standards of care
of similar practitioners under the same or similar circumstances
whether or not actual injury to the patient is established;

(5)
Inability to practice according to acceptable and prevailing
standards of care by reason of mental illness or physical illness,
including physical deterioration that adversely affects cognitive,
motor, or perceptive skills;

(6)
Impairment of ability to practice according to acceptable and
prevailing standards of care because of habitual or excessive use or
abuse of drugs, alcohol, or other substances that impair ability to
practice;

(7)
Willfully betraying a professional confidence;

(8)
Making a false, fraudulent, deceptive, or misleading statement in
securing or attempting to secure a license to practice as a certified
mental health assistant.

As
used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive because of
a failure to disclose material facts, is intended or is likely to
create false or unjustified expectations of favorable results, or
includes representations or implications that in reasonable
probability will cause an ordinarily prudent person to misunderstand
or be deceived.

(9)
The obtaining of, or attempting to obtain, money or a thing of value
by fraudulent misrepresentations in the course of practice;

(10)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
felony;

(11)
Commission of an act that constitutes a felony in this state,
regardless of the jurisdiction in which the act was committed;

(12)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor committed in the course of practice;

(13)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor involving moral turpitude;

(14)
Commission of an act in the course of practice that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(15)
Commission of an act involving moral turpitude that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(16)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for
violating any state or federal law regulating the possession,
distribution, or use of any drug, including trafficking in drugs;

(17)
Any of the following actions taken by the state agency responsible
for regulating the practice of certified mental health assistants in
another jurisdiction, for any reason other than the nonpayment of
fees: the limitation, revocation, or suspension of an individual's
license to practice; acceptance of an individual's license surrender;
denial of a license; refusal to renew or reinstate a license;
imposition of probation; or issuance of an order of censure or other
reprimand;

(18)
Violation of the conditions placed by the board on a license to
practice as a certified mental health assistant;

(19)
Failure to use universal blood and body fluid precautions established
by rules adopted under section 4731.051 of the Revised Code;

(20)
Failure to cooperate in an investigation conducted by the board under
section 4772.21 of the Revised Code, including failure to comply with
a subpoena or order issued by the board or failure to answer
truthfully a question presented by the board at a deposition or in
written interrogatories, except that failure to cooperate with an
investigation shall not constitute grounds for discipline under this
section if a court of competent jurisdiction has issued an order that
either quashes a subpoena or permits the individual to withhold the
testimony or evidence in issue;

(21)
Failure to practice in accordance with the supervising physician's
supervision agreement with the certified mental health assistant;

(22)
Administering drugs for purposes other than those authorized under
this chapter;

(23)
Failure to comply with section 4772.13 of the Revised Code, unless
the board no longer maintains a drug database pursuant to section
4729.75 of the Revised Code;

(24)
Assisting suicide, as defined in section 3795.01 of the Revised Code.

(C)
The board shall not refuse to issue a license to an applicant because
of a plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for an
offense unless the refusal is in accordance with section 9.79 of the
Revised Code.

(D)
Disciplinary actions taken by the board under divisions (A) and (B)
of this section shall be taken pursuant to an adjudication under
Chapter 119. of the Revised Code, except that in lieu of an
adjudication, the board may enter into a consent agreement with a
certified mental health assistant or applicant to resolve an
allegation of a violation of this chapter or any rule adopted under
it. A consent agreement, when ratified by an affirmative vote of not
fewer than six members of the board, shall constitute the findings
and order of the board with respect to the matter addressed in the
agreement. If the board refuses to ratify a consent agreement, the
admissions and findings contained in the consent agreement shall be
of no force or effect.

(E)
For purposes of divisions (B)(11), (14), and (15) of this section,
the commission of the act may be established by a finding by the
board, pursuant to an adjudication under Chapter 119. of the Revised
Code, that the applicant or license holder committed the act in
question. The board shall have no jurisdiction under these divisions
in cases where the trial court renders a final judgment in the
license holder's favor and that judgment is based upon an
adjudication on the merits. The board shall have jurisdiction under
these divisions in cases where the trial court issues an order of
dismissal on technical or procedural grounds.

(F)
The sealing or expungement of conviction records by any court shall
have no effect on a prior board order entered under the provisions of
this section or on the board's jurisdiction to take action under the
provisions of this section if, based upon a plea of guilty, a
judicial finding of guilt, or a judicial finding of eligibility for
intervention in lieu of conviction, the board issued a notice of
opportunity for a hearing prior to the court's order to seal or
expunge the records. The board shall not be required to seal,
destroy, redact, or otherwise modify its records to reflect the
court's sealing or expungement of conviction records.

(G)
For purposes of this division, any individual who holds a license to
practice as a certified mental health assistant issued under this
chapter, or applies for a license, shall be deemed to have given
consent to submit to a mental or physical examination when directed
to do so in writing by the board and to have waived all objections to
the admissibility of testimony or examination reports that constitute
a privileged communication.

(1)
In enforcing division (B)(5) of this section, the board, on a showing
of a possible violation, may compel any individual who holds a
license to practice as a certified mental health assistant issued
under this chapter or who has applied for a license to submit to a
mental or physical examination, or both. A physical examination may
include an HIV test. The expense of the examination is the
responsibility of the individual compelled to be examined. Failure to
submit to a mental or physical examination or consent to an HIV test
ordered by the board constitutes an admission of the allegations
against the individual unless the failure is due to circumstances
beyond the individual's control, and a default and final order may be
entered without the taking of testimony or presentation of evidence.
If the board finds a certified mental health assistant unable to
practice because of the reasons set forth in division (B)(5) of this
section, the board shall require the certified mental health
assistant to submit to care, counseling, or treatment by physicians
approved or designated by the board, as a condition for an initial,
continued, reinstated, or renewed license. An individual affected by
this division shall be afforded an opportunity to demonstrate to the
board the ability to resume practicing in compliance with acceptable
and prevailing standards of care.

(2)
For purposes of division (B)(6) of this section, if the board has
reason to believe that any individual who holds a license to practice
as a certified mental health assistant issued under this chapter or
any applicant for a license suffers such impairment, the board may
compel the individual to submit to a mental or physical examination,
or both. The expense of the examination is the responsibility of the
individual compelled to be examined. Any mental or physical
examination required under this division shall be undertaken by a
treatment provider or physician qualified to conduct such examination
and chosen by the board.

Failure
to submit to a mental or physical examination ordered by the board
constitutes an admission of the allegations against the individual
unless the failure is due to circumstances beyond the individual's
control, and a default and final order may be entered without the
taking of testimony or presentation of evidence. If the board
determines that the individual's ability to practice is impaired, the
board shall suspend the individual's license or deny the individual's
application and shall require the individual, as a condition for an
initial, continued, reinstated, or renewed license to practice, to
submit to treatment.

Before
being eligible to apply for reinstatement of a license suspended
under this division, the certified mental health assistant shall
demonstrate to the board the ability to resume practice in compliance
with acceptable and prevailing standards of care. The demonstration
shall include the following:

(a)
Certification from a treatment provider approved under section
4731.25 of the Revised Code that the individual has successfully
completed any required inpatient treatment;

(b)
Evidence of continuing full compliance with an aftercare contract or
consent agreement;

(c)
Two written reports indicating that the individual's ability to
practice has been assessed and that the individual has been found
capable of practicing according to acceptable and prevailing
standards of care. The reports shall be made by individuals or
providers approved by the board for making such assessments and shall
describe the basis for their determination.

The
board may reinstate a license suspended under this division after
such demonstration and after the individual has entered into a
written consent agreement.

When
the impaired certified mental health assistant resumes practice, the
board shall require continued monitoring of the certified mental
health assistant. The monitoring shall include monitoring of
compliance with the written consent agreement entered into before
reinstatement or with conditions imposed by board order after a
hearing, and, on termination of the consent agreement, submission to
the board for at least two years of annual written progress reports
made under penalty of falsification stating whether the certified
mental health assistant has maintained sobriety.

(H)
(H)(1)

If
either
of the following circumstances occur,
the
secretary and supervising member
determine
that
may
recommend that the board suspend the individual's license without a
prior hearing:

(a)
The secretary and supervising member determine both of the following:

(i)
That
there
is clear and convincing evidence that a certified mental health
assistant has violated division (B) of this section

and
that
;

(ii)
That

the individual's continued practice presents a danger of immediate
and serious harm to the public
,
they may recommend that the board suspend the individual's license to
practice without a prior hearing
.

(b)
The board receives verifiable information that a licensee has been
charged in any state or federal court with a crime classified as a
felony under the charging court's law and the conduct charged
constitutes a violation of division (B) of this section
.

Written

(2)
If a recommendation is made to suspend without a prior hearing
pursuant to division (H)(1) of this section, written
allegations
shall be prepared for consideration by the board.

The
board, on review of the allegations and by an affirmative vote of not
fewer than six of its members, excluding the secretary and
supervising member, may suspend a license without a prior hearing. A
telephone conference call may be utilized for reviewing the
allegations and taking the vote on the summary suspension.

The
board shall issue a written order of suspension by certified mail or
in person in accordance with section 119.07 of the Revised Code.
The
order shall not be subject to suspension by the court during pendency
of any appeal filed under section 119.12 of the Revised Code.
If
the certified mental health assistant requests an adjudicatory
hearing by the board, the date set for the hearing shall be within
fifteen days, but not earlier than seven days, after the certified
mental health assistant requests the hearing, unless otherwise agreed
to by both the board and the license holder.

(3)

A
summary suspension imposed under this division
is
not a final appealable order and is not an adjudication that may be
appealed under section 119.12 of the Revised Code. The summary
suspension
shall
remain in effect
,
unless reversed on appeal,

until a final adjudicative order issued by the board pursuant to this
section and Chapter 119. of the Revised Code becomes effective
.
Once a final adjudicative order has been issued by the board, any
party adversely affected by it may file an appeal in accordance with
Chapter 119. of the Revised Code
.

The

The

board
shall issue its final adjudicative order within
sixty

seventy-five

days
after completion of its hearing. Failure to issue the order within

sixty

seventy-five

days
shall result in dissolution of the summary suspension order, but
shall not invalidate any subsequent, final adjudicative order.

(I)
If the board takes action under division (B)(10), (12), or (13) of
this section, and the judicial finding of guilt, guilty plea, or
judicial finding of eligibility for intervention in lieu of
conviction is overturned on appeal, on exhaustion of the criminal
appeal, a petition for reconsideration of the order may be filed with
the board along with appropriate court documents. On receipt of a
petition and supporting court documents, the board shall reinstate
the license to practice as a certified mental health assistant. The
board may then hold an adjudication under Chapter 119. of the Revised
Code to determine whether the individual committed the act in
question. Notice of opportunity for hearing shall be given in
accordance with Chapter 119. of the Revised Code. If the board finds,
pursuant to an adjudication held under this division, that the
individual committed the act, or if no hearing is requested, it may
order any of the sanctions specified in division (B) of this section.

(J)
The license to practice of a certified mental health assistant and
the assistant's practice in this state are automatically suspended as
of the date the certified mental health assistant pleads guilty to,
is found by a judge or jury to be guilty of, or is subject to a
judicial finding of eligibility for intervention in lieu of
conviction in this state or treatment of intervention in lieu of
conviction in another jurisdiction for any of the following criminal
offenses in this state or a substantially equivalent criminal offense
in another jurisdiction: aggravated murder, murder, voluntary
manslaughter, felonious assault,
trafficking
in persons,
kidnapping,
rape, sexual battery, gross sexual imposition, aggravated arson,
aggravated robbery, or aggravated burglary. Continued practice after
the suspension shall be considered practicing without a license.

The
board shall notify the individual subject to the suspension by
certified mail or in person in accordance with section 119.07 of the
Revised Code. If an individual whose license is suspended under this
division fails to make a timely request for an adjudication under
Chapter 119. of the Revised Code, the board shall enter a final order
permanently revoking the individual's license.

(K)
In any instance in which the board is required by Chapter 119. of the
Revised Code to give notice of opportunity for hearing and the
individual subject to the notice does not timely request a hearing in
accordance with section 119.07 of the Revised Code, the board is not
required to hold a hearing, but may adopt, by an affirmative vote of
not fewer than six of its members, a final order that contains the
board's findings. In the final order, the board may order any of the
sanctions identified under division (A) or (B) of this section.

(L)
Any action taken by the board under division (B) of this section
resulting in a suspension shall be accompanied by a written statement
of the conditions under which the certified mental health assistant's
license may be reinstated. The board shall adopt rules in accordance
with Chapter 119. of the Revised Code governing conditions to be
imposed for reinstatement. Reinstatement of a license suspended
pursuant to division (B) of this section requires an affirmative vote
of not fewer than six members of the board.

(M)
When the board refuses to grant or issue a license to practice as a
certified mental health assistant to an applicant, revokes an
individual's license, refuses to renew an individual's license, or
refuses to reinstate an individual's license, the board may specify
that its action is permanent. An individual subject to a permanent
action taken by the board is forever thereafter ineligible to hold a
license to practice as a certified mental health assistant and the
board shall not accept an application for reinstatement of the
license or for issuance of a new license.

(N)
Notwithstanding any other provision of the Revised Code, all of the
following apply:

(1)
The surrender of a license to practice as a certified mental health
assistant issued under this chapter is not effective unless or until
accepted by the board. Reinstatement of a license surrendered to the
board requires an affirmative vote of not fewer than six members of
the board.

(2)
An application made under this chapter for a license to practice may
not be withdrawn without approval of the board.

(3)
Failure by an individual to renew a license to practice in accordance
with section 4772.08 of the Revised Code shall not remove or limit
the board's jurisdiction to take disciplinary action under this
section against the individual.

Sec.
4772.21.
(A)
The state medical board shall investigate evidence that appears to
show that any person has violated this chapter or the rules adopted
under it. Any person may report to the board in a signed writing any
information the person has that appears to show a violation of any
provision of this chapter or the rules adopted under it. In the
absence of bad faith, a person who reports such information or
testifies before the board in an adjudication conducted under Chapter
119. of the Revised Code shall not be liable for civil damages as a
result of reporting the information or providing testimony. Each
complaint or allegation of a violation received by the board shall be
assigned a case number and be recorded by the board.

(B)
Investigations of alleged violations of this chapter or rules adopted
under it shall be supervised by the supervising member elected by the
board in accordance with section 4731.02 of the Revised Code and by
the secretary as provided in section 4772.24 of the Revised Code. The
board's president may designate another member of the board to
supervise the investigation in place of the supervising member.
Upon
a vote of the majority of the board to authorize the addition of a
consumer member in the supervision of any part of any investigation,
the president shall designate a consumer member for supervision of
investigations as determined by the president. The authorization of
consumer member participation in investigation supervision may be
rescinded by a majority vote of the board.
A
member of the board who supervises the investigation of a case shall
not participate in further adjudication of the case.

(C)
In investigating a possible violation of this chapter or the rules
adopted under it, the board may administer oaths, order the taking of
depositions, issue subpoenas, and compel the attendance of witnesses
and production of books, accounts, papers, records, documents, and
testimony, except that a subpoena for patient record information
shall not be issued without consultation with the attorney general's
office and approval of the secretary and supervising member of the
board. Before issuance of a subpoena for patient record information,
the secretary and supervising member shall determine whether there is
probable cause to believe that the complaint filed alleges a
violation of this chapter or the rules adopted under it and that the
records sought are relevant to the alleged violation and material to
the investigation. The subpoena may apply only to records that cover
a reasonable period of time surrounding the alleged violation.

On
failure to comply with any subpoena issued by the board and after
reasonable notice to the person being subpoenaed, the board may move
for an order compelling the production of persons or records pursuant
to the Rules of Civil Procedure.

A
subpoena issued by the board may be served by a sheriff, the
sheriff's deputy, or a board employee designated by the board.
Service of a subpoena issued by the board may be made by delivering a
copy of the subpoena to the person named therein, reading it to the
person, or leaving it at the person's usual place of residence. When
the person being served is a certified mental health assistant,
service of the subpoena may be made by certified mail, restricted
delivery, return receipt requested, and the subpoena shall be deemed
served on the date delivery is made or the date the person refuses to
accept delivery.

A
sheriff's deputy who serves a subpoena shall receive the same fees as
a sheriff. Each witness who appears before the board in obedience to
a subpoena shall receive the fees and mileage provided for witnesses
in civil cases in the courts of common pleas.

(D)
All hearings and investigations of the board shall be considered
civil actions for the purposes of section 2305.252 of the Revised
Code.

(E)
Information received by the board pursuant to an investigation is
confidential and not subject to discovery in any civil action.

The
board shall conduct all investigations and proceedings in a manner
that protects the confidentiality of patients and persons who file
complaints with the board. The board shall not make public the names
or any other identifying information about patients or complainants
unless proper consent is given.

The
board may share any information it receives pursuant to an
investigation, including patient records and patient record
information, with law enforcement agencies, other licensing boards,
and other governmental agencies that are prosecuting, adjudicating,
or investigating alleged violations of statutes or administrative
rules. An agency or board that receives the information shall comply
with the same requirements regarding confidentiality as those with
which the state medical board must comply, notwithstanding any
conflicting provision of the Revised Code or procedure of the agency
or board that applies when it is dealing with other information in
its possession. In a judicial proceeding, the information may be
admitted into evidence only in accordance with the Rules of Evidence,
but the court shall require that appropriate measures are taken to
ensure that confidentiality is maintained with respect to any part of
the information that contains names or other identifying information
about patients or complainants whose confidentiality was protected by
the state medical board when the information was in the board's
possession. Measures to ensure confidentiality that may be taken by
the court include sealing its records or deleting specific
information from its records.

No
person shall knowingly access, use, or disclose confidential
investigatory information in a manner prohibited by law.

(F)
On a quarterly basis, the board shall prepare a report that documents
the disposition of all cases during the preceding three months. The
report shall contain the following information for each case with
which the board has completed its activities:

(1)
The case number assigned to the complaint or alleged violation;

(2)
The type of license, if any, held by the individual against whom the
complaint is directed;

(3)
A description of the allegations contained in the complaint;

(4)

Whether
witnesses were interviewed;

(5)
Whether the individual against whom the complaint is directed is the
subject of any pending complaints;

(6)

The
disposition of the case.

The
report shall state how many cases are still pending, and shall be
prepared in a manner that protects the identity of each person
involved in each case. The report is a public record for purposes of
section 149.43 of the Revised Code.

(G)
The board may provide a status update regarding an investigation to a
complainant on request if the board verifies the complainant's
identity.

Sec.
4772.23.
(A)

As
used in this section, "criminal conduct" and "sexual
misconduct" have the same meanings as in section 4731.224 of the
Revised Code.

(B)(1)

Within

sixty

thirty

days
after the imposition of any formal disciplinary action taken by any
health care facility, including a hospital, health care facility
operated by a health insuring corporation, ambulatory surgical
facility, or similar facility, against any individual holding a valid
license to practice as a certified mental health assistant, the chief
administrator or executive officer of the facility shall report to
the state medical board the name of the individual, the action taken
by the facility, and a summary of the underlying facts leading to the
action taken. On request, the board shall be provided certified
copies of the patient records that were the basis for the facility's
action. Prior to release to the board, the summary shall be approved
by the peer review committee that reviewed the case or by the
governing board of the facility.

The
filing of a report with the board or decision not to file a report,
investigation by the board, or any disciplinary action taken by the
board, does not preclude a health care facility from taking
disciplinary action against a certified mental health assistant.

In
the absence of fraud or bad faith, no individual or entity that
provides patient records to the board shall be liable in damages to
any person as a result of providing the records.

(2)
Within thirty days after commencing an investigation regarding
criminal conduct or sexual misconduct against any individual holding
a valid license to practice issued pursuant to this chapter, a health
care facility, including a hospital, health care facility operated by
a health insuring corporation, ambulatory surgical center, or similar
facility, shall report to the board the name of the individual and a
summary of the underlying facts related to the investigation being
commenced.

(B)(1)
(C)(1)

Except as provided in division
(B)(2)
(C)(2)

of this section

and
subject to division (C)(3) of this section
,
a certified mental health assistant, professional association or
society of certified mental health assistants, physician, or
professional association or society of physicians that believes a
violation of any provision of this chapter, Chapter 4731. of the
Revised Code, or rule of the board has occurred shall report to the
board the information on which the belief is based.

(2)
A certified mental health assistant, professional association or
society of certified mental health assistants, physician, or
professional association or society of physicians that believes a
violation of division (B)(6) of section 4772.20 of the Revised Code
has occurred shall report the information upon which the belief is
based to the monitoring organization conducting the program
established by the board under section 4731.251 of the Revised Code.
If any such report is made to the board, it shall be referred to the
monitoring organization unless the board is aware that the individual
who is the subject of the report does not meet the program
eligibility requirements of section 4731.252 of the Revised Code.

(C)
(3)
If any individual authorized to practice under this chapter or any
professional association or society of such individuals knows or has
reasonable cause to suspect based on facts that would cause a
reasonable person in a similar position to suspect that an individual
authorized to practice under this chapter has committed or
participated in criminal conduct or sexual misconduct, the
information upon which the belief is based shall be reported to the
board within thirty days.

This
division does not apply to a professional association or society
whose staff interacts with members of the association or society only
in advocacy, governance, or educational capacities and whose staff
does not regularly interact with members in practice settings.

(4)
In addition to the self-reporting of criminal offenses that is
required for license renewal, an individual authorized to practice
under this chapter shall report to the board criminal charges
regarding criminal conduct, sexual misconduct, or any conduct
involving the use of a motor vehicle while under the influence of
alcohol or drugs, including offenses that are equivalent offenses
under division (A) of section 4511.181 of the Revised Code,
violations of division (D) of section 4511.194 of the Revised Code,
and violations of division (C) of section 4511.79 of the Revised
Code. Reports under this division shall be made within thirty days of
the criminal charge being filed.

(D)

Any professional association or society composed primarily of
certified mental health assistants that suspends or revokes an
individual's membership for violations of professional ethics, or for
reasons of professional incompetence or professional malpractice,
within
sixty

thirty

days
after a final decision, shall report to the board, on forms
prescribed and provided by the board, the name of the individual, the
action taken by the professional organization, and a summary of the
underlying facts leading to the action taken.

The
filing of a report with the board or decision not to file a report,
investigation by the board, or any disciplinary action taken by the
board, does not preclude a professional organization from taking
disciplinary action against a certified mental health assistant.

(D)
(E)

Any insurer providing professional liability insurance to any person
holding a valid license to practice as a certified mental health
assistant or any other entity that seeks to indemnify the
professional liability of a certified mental health assistant shall
notify the board within thirty days after the final disposition of
any written claim for damages where such disposition results in a
payment exceeding twenty-five thousand dollars. The notice shall
contain the following information:

(1)
The name and address of the person submitting the notification;

(2)
The name and address of the insured who is the subject of the claim;

(3)
The name of the person filing the written claim;

(4)
The date of final disposition;

(5)
If applicable, the identity of the court in which the final
disposition of the claim took place.

(E)
(F)

The board may investigate possible violations of this chapter or the
rules adopted under it that are brought to its attention as a result
of the reporting requirements of this section, except that the board
shall conduct an investigation if a possible violation involves
repeated malpractice. As used in this division, "repeated
malpractice" means three or more claims for malpractice within
the previous five-year period, each resulting in a judgment or
settlement in excess of twenty-five thousand dollars in favor of the
claimant, and each involving negligent conduct by the certified
mental health assistant.

(F)
(G)

All summaries, reports, and records received and maintained by the
board pursuant to this section shall be
held
in confidence and shall not be subject to discovery or introduction
in evidence in any federal or state civil action involving a
certified mental health assistant, supervising physician, or health
care facility arising out of matters that are the subject of the
reporting required by this section. The board may use the information
obtained only as the basis for an investigation, as evidence in a
disciplinary hearing against a certified mental health assistant or
supervising physician, or in any subsequent trial or appeal of a
board action or order.

The
board may disclose the summaries and reports it receives under this
section only to health care facility committees within or outside
this state that are involved in credentialing or recredentialing a
certified mental health assistant or supervising physician, if
applicable, or reviewing their privilege to practice within a
particular facility. The board shall indicate whether or not the
information has been verified. Information transmitted by the board
shall be subject to the same confidentiality provisions as when
maintained by the board
confidential
pursuant to division (E) of section 4772.21 of the Revised Code
.

(G)
(H)

Except for reports filed by an individual pursuant to division

(B)
(B)(2)
or (C)

of this section, the board shall send a copy of any reports or
summaries it receives pursuant to this section to the certified
mental health assistant. The certified mental health assistant shall
have the right to file a statement with the board concerning the
correctness or relevance of the information. The statement shall at
all times accompany that part of the record in contention.

(H)
(I)

An individual or entity that reports to the board, reports to the
monitoring organization described in section 4731.251 of the Revised
Code, or refers an impaired certified mental health assistant to a
treatment provider approved by the board under section 4731.25 of the
Revised Code shall not be subject to suit for civil damages as a
result of the report, referral, or provision of the information.

(I)
(J)

In the absence of fraud or bad faith, a professional association or
society of certified mental health assistants that sponsors a
committee or program to provide peer assistance to a certified mental
health assistant with substance abuse problems, a representative or
agent of such a committee or program, a representative or agent of
the monitoring organization described in section 4731.251 of the
Revised Code, and a member of the state medical board shall not be
held liable in damages to any person by reason of actions taken to
refer a certified mental health assistant to a treatment provider
approved under section 4731.25 of the Revised Code for examination or
treatment.

Sec.
4772.99.
(A)
Whoever violates section 4772.02 of the Revised Code is guilty of a
misdemeanor of the first degree on a first offense; on each
subsequent offense, the person is guilty of a felony of the fourth
degree.

(B)
(B)(1)

Whoever violates division
(A),
(B)
(B)(1)
,

(C)
(C)(1)
,

or

(C)(2),

(D)
,
or (E)

of section 4772.23 of the Revised Code is guilty of a minor
misdemeanor on a first offense; on each subsequent offense the person
is guilty of a misdemeanor of the fourth degree, except that an
individual guilty of a subsequent offense shall not be subject to
imprisonment, but to a fine alone of up to one thousand dollars for
each offense.

(2)
Whoever violates division (B)(2) or (C)(3) of section 4772.23 of the
Revised Code is guilty of a misdemeanor of the fourth degree; on each
subsequent offense, the person is guilty of a misdemeanor of the
first degree.

(C)
Whoever violates division (E) of section 4772.21 of the Revised Code
is guilty of a misdemeanor of the first degree.

Sec.
4774.13.
(A)
The state medical board, by an affirmative vote of not fewer than six
members, may refuse to grant a license to practice as a radiologist
assistant to, or may revoke the license held by, an individual found
by the board to have committed fraud, misrepresentation, or deception
in applying for or securing the license.

(B)
The board, by an affirmative vote of not fewer than six members,
shall, except as provided in division (C) of this section, and to the
extent permitted by law, limit, revoke, or suspend an individual's
license to practice as a radiologist assistant, refuse to issue a
license to an applicant, refuse to renew a license, refuse to
reinstate a license, or reprimand or place on probation the holder of
a license for any of the following reasons:

(1)
Permitting the holder's name or license to be used by another person;

(2)
Failure to comply with the requirements of this chapter, Chapter
4731. of the Revised Code, or any rules adopted by the board;

(3)
Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter, Chapter 4731. of the Revised Code, or
the rules adopted by the board;

(4)
A departure from, or failure to conform to, minimal standards of care
of similar practitioners under the same or similar circumstances
whether or not actual injury to the patient is established;

(5)
Inability to practice according to acceptable and prevailing
standards of care by reason of mental illness or physical illness,
including physical deterioration that adversely affects cognitive,
motor, or perceptive skills;

(6)
Impairment of ability to practice according to acceptable and
prevailing standards of care because of substance use disorder or
excessive use or abuse of drugs, alcohol, or other substances that
may impair ability to practice;

(7)
Willfully betraying a professional confidence;

(8)
Making a false, fraudulent, deceptive, or misleading statement in
securing or attempting to secure a license to practice as a
radiologist assistant.

As
used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive because of
a failure to disclose material facts, is intended or is likely to
create false or unjustified expectations of favorable results, or
includes representations or implications that in reasonable
probability will cause an ordinarily prudent person to misunderstand
or be deceived.

(9)
The obtaining of, or attempting to obtain, money or a thing of value
by fraudulent misrepresentations in the course of practice;

(10)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
felony;

(11)
Commission of an act that constitutes a felony in this state,
regardless of the jurisdiction in which the act was committed;

(12)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor committed in the course of practice;

(13)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor involving moral turpitude;

(14)
Commission of an act in the course of practice that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(15)
Commission of an act involving moral turpitude that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(16)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for
violating any state or federal law regulating the possession,
distribution, or use of any drug, including trafficking in drugs;

(17)
Any of the following actions taken by the state agency responsible
for regulating the practice of radiologist assistants in another
jurisdiction, for any reason other than the nonpayment of fees: the
limitation, revocation, or suspension of an individual's license to
practice; acceptance of an individual's license surrender; denial of
a license; refusal to renew or reinstate a license; imposition of
probation; or issuance of an order of censure or other reprimand;

(18)
Violation of the conditions placed by the board on a license to
practice as a radiologist assistant;

(19)
Failure to use universal blood and body fluid precautions established
by rules adopted under section 4731.051 of the Revised Code;

(20)
Failure to cooperate in an investigation conducted by the board under
section 4774.14 of the Revised Code, including failure to comply with
a subpoena or order issued by the board or failure to answer
truthfully a question presented by the board at a deposition or in
written interrogatories, except that failure to cooperate with an
investigation shall not constitute grounds for discipline under this
section if a court of competent jurisdiction has issued an order that
either quashes a subpoena or permits the individual to withhold the
testimony or evidence in issue;

(21)
Failure to maintain a license as a radiographer under Chapter 4773.
of the Revised Code;

(22)
Failure to maintain certification as a registered radiologist
assistant from the American registry of radiologic technologists,
including revocation by the registry of the assistant's certification
or failure by the assistant to meet the registry's requirements for
annual registration, or failure to notify the board that the
certification as a registered radiologist assistant has not been
maintained;

(23)
Failure to comply with any of the rules of ethics included in the
standards of ethics established by the American registry of
radiologic technologists, as those rules apply to an individual who
holds the registry's certification as a registered radiologist
assistant.

(C)
The board shall not refuse to issue a license to an applicant because
of a plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for an
offense unless the refusal is in accordance with section 9.79 of the
Revised Code.

(D)
Disciplinary actions taken by the board under divisions (A) and (B)
of this section shall be taken pursuant to an adjudication under
Chapter 119. of the Revised Code, except that in lieu of an
adjudication, the board may enter into a consent agreement with a
radiologist assistant or applicant to resolve an allegation of a
violation of this chapter or any rule adopted under it. A consent
agreement, when ratified by an affirmative vote of not fewer than six
members of the board, shall constitute the findings and order of the
board with respect to the matter addressed in the agreement. If the
board refuses to ratify a consent agreement, the admissions and
findings contained in the consent agreement shall be of no force or
effect.

(E)
For purposes of divisions (B)(11), (14), and (15) of this section,
the commission of the act may be established by a finding by the
board, pursuant to an adjudication under Chapter 119. of the Revised
Code, that the applicant or license holder committed the act in
question. The board shall have no jurisdiction under these divisions
in cases where the trial court renders a final judgment in the
license holder's favor and that judgment is based upon an
adjudication on the merits. The board shall have jurisdiction under
these divisions in cases where the trial court issues an order of
dismissal on technical or procedural grounds.

(F)
The sealing or expungement of conviction records by any court shall
have no effect on a prior board order entered under the provisions of
this section or on the board's jurisdiction to take action under the
provisions of this section if, based upon a plea of guilty, a
judicial finding of guilt, or a judicial finding of eligibility for
intervention in lieu of conviction, the board issued a notice of
opportunity for a hearing prior to the court's order to seal or
expunge the records. The board shall not be required to seal,
destroy, redact, or otherwise modify its records to reflect the
court's sealing or expungement of conviction records.

(G)
For purposes of this division, any individual who holds a license to
practice as a radiologist assistant issued under this chapter, or
applies for a license, shall be deemed to have given consent to
submit to a mental or physical examination when directed to do so in
writing by the board and to have waived all objections to the
admissibility of testimony or examination reports that constitute a
privileged communication.

(1)
In enforcing division (B)(5) of this section, the board, on a showing
of a possible violation, shall refer any individual who holds, or has
applied for, a license to practice as a radiologist assistant issued
under this chapter to the monitoring organization that conducts the
confidential monitoring program established under section 4731.25 of
the Revised Code. The board also may compel the individual to submit
to a mental or physical examination, or both. A physical examination
may include an HIV test. The expense of the examination is the
responsibility of the individual compelled to be examined. Failure to
submit to a mental or physical examination or consent to an HIV test
ordered by the board constitutes an admission of the allegations
against the individual unless the failure is due to circumstances
beyond the individual's control, and a default and final order may be
entered without the taking of testimony or presentation of evidence.
If the board finds a radiologist assistant unable to practice because
of the reasons set forth in division (B)(5) of this section, the
board shall require the radiologist assistant to submit to care,
counseling, or treatment by physicians approved or designated by the
board, as a condition for an initial, continued, reinstated, or
renewed license. An individual affected by this division shall be
afforded an opportunity to demonstrate to the board the ability to
resume practicing in compliance with acceptable and prevailing
standards of care.

(2)
For purposes of division (B)(6) of this section, if the board has
reason to believe that any individual who holds a license to practice
as a radiologist assistant issued under this chapter or any applicant
for a license suffers such impairment, the board shall refer the
individual to the monitoring organization that conducts the
confidential monitoring program established under section 4731.25 of
the Revised Code. The board also may compel the individual to submit
to a mental or physical examination, or both. The expense of the
examination is the responsibility of the individual compelled to be
examined. Any mental or physical examination required under this
division shall be undertaken by a treatment provider or physician
qualified to conduct such examination and approved under section
4731.251 of the Revised Code.

Failure
to submit to a mental or physical examination ordered by the board
constitutes an admission of the allegations against the individual
unless the failure is due to circumstances beyond the individual's
control, and a default and final order may be entered without the
taking of testimony or presentation of evidence. If the board
determines that the individual's ability to practice is impaired, the
board shall suspend the individual's license or deny the individual's
application and shall require the individual, as a condition for an
initial, continued, reinstated, or renewed license to practice, to
submit to treatment.

Before
being eligible to apply for reinstatement of a license suspended
under this division, the radiologist assistant shall demonstrate to
the board the ability to resume practice in compliance with
acceptable and prevailing standards of care. The demonstration shall
include the following:

(a)
Certification from a treatment provider approved under section
4731.251 of the Revised Code that the individual has successfully
completed any required inpatient treatment;

(b)
Evidence of continuing full compliance with an aftercare contract or
consent agreement;

(c)
Two written reports indicating that the individual's ability to
practice has been assessed and that the individual has been found
capable of practicing according to acceptable and prevailing
standards of care. The reports shall be made by individuals or
providers approved by the board for making such assessments and shall
describe the basis for their determination.

The
board may reinstate a license suspended under this division after
such demonstration and after the individual has entered into a
written consent agreement.

When
the impaired radiologist assistant resumes practice, the board shall
require continued monitoring of the radiologist assistant. The
monitoring shall include monitoring of compliance with the written
consent agreement entered into before reinstatement or with
conditions imposed by board order after a hearing, and, on
termination of the consent agreement, submission to the board for at
least two years of annual written progress reports made under penalty
of falsification stating whether the radiologist assistant has
maintained sobriety.

(H)(1)
If either of the following circumstances occur, the secretary and
supervising member may recommend that the board suspend the
individual's license to practice without a prior hearing:

(a)
The secretary and supervising member determine that there is clear
and convincing evidence that a radiologist assistant has violated
division (B) of this section and that the individual's continued
practice presents a danger of immediate and serious harm to the
public.

(b)
The board receives verifiable information that a licensee has been
charged in any state or federal court for a crime classified as a
felony under the charging court's law and the conduct charged
constitutes a violation of division (B) of this section.

(2)
If a recommendation is made to suspend without a prior hearing
pursuant to division (H)(1) of this section, written allegations
shall be prepared for consideration by the board.

The
board, on review of the allegations and by an affirmative vote of not
fewer than six of its members, excluding the secretary and
supervising member, may suspend a license without a prior hearing. A
telephone conference call may be utilized for reviewing the
allegations and taking the vote on the summary suspension.

The
board shall serve a written order of suspension in accordance with
sections 119.05 and 119.07 of the Revised Code.
The
order shall not be subject to suspension by the court during pendency
of any appeal filed under section 119.12 of the Revised Code.
If
the radiologist assistant requests an adjudicatory hearing by the
board, the date set for the hearing shall be within fifteen days, but
not earlier than seven days, after the radiologist assistant requests
the hearing, unless otherwise agreed to by both the board and the
license holder.

(3)
A summary suspension imposed under
this

division

(H)(2)
of this section is not a final appealable order and is not an
adjudication that may be appealed under section 119.12 of the Revised
Code. The summary suspension
shall
remain in effect
,
unless reversed on appeal,

until a final adjudicative order issued by the board pursuant to this
section and Chapter 119. of the Revised Code becomes effective
.
Once a final adjudicative order has been issued by the board, any
party adversely affected by it may file an appeal in accordance with
the requirements of Chapter 119. of the Revised Code
.

The

The

board
shall issue its final adjudicative order within
sixty

seventy-five

days
after completion of its hearing. Failure to issue the order within

sixty

seventy-five

days
shall result in dissolution of the summary suspension order, but
shall not invalidate any subsequent, final adjudicative order.

(I)
If the board takes action under division (B)(10), (12), or (13) of
this section, and the judicial finding of guilt, guilty plea, or
judicial finding of eligibility for intervention in lieu of
conviction is overturned on appeal, on exhaustion of the criminal
appeal, a petition for reconsideration of the order may be filed with
the board along with appropriate court documents. On receipt of a
petition and supporting court documents, the board shall reinstate
the license to practice as a radiologist assistant. The board may
then hold an adjudication under Chapter 119. of the Revised Code to
determine whether the individual committed the act in question.
Notice of opportunity for hearing shall be given in accordance with
Chapter 119. of the Revised Code. If the board finds, pursuant to an
adjudication held under this division, that the individual committed
the act, or if no hearing is requested, it may order any of the
sanctions specified in division (B) of this section.

(J)
The license to practice of a radiologist assistant and the
assistant's practice in this state are automatically suspended as of
the date the radiologist assistant pleads guilty to, is found by a
judge or jury to be guilty of, or is subject to a judicial finding of
eligibility for intervention in lieu of conviction in this state or
treatment or intervention in lieu of conviction in another
jurisdiction for any of the following criminal offenses in this state
or a substantially equivalent criminal offense in another
jurisdiction: aggravated murder, murder, voluntary manslaughter,
felonious assault, trafficking in persons, kidnapping, rape, sexual
battery, gross sexual imposition, aggravated arson, aggravated
robbery, or aggravated burglary. Continued practice after the
suspension shall be considered practicing without a license.

The
board shall serve the individual subject to the suspension in
accordance with sections 119.05 and 119.07 of the Revised Code. If an
individual whose license is suspended under this division fails to
make a timely request for an adjudication under Chapter 119. of the
Revised Code, the board shall enter a final order permanently
revoking the individual's license.

(K)
In any instance in which the board is required by Chapter 119. of the
Revised Code to give notice of opportunity for hearing and the
individual subject to the notice does not timely request a hearing in
accordance with section 119.07 of the Revised Code, the board is not
required to hold a hearing, but may adopt, by an affirmative vote of
not fewer than six of its members, a final order that contains the
board's findings. In the final order, the board may order any of the
sanctions identified under division (A) or (B) of this section.

(L)
Any action taken by the board under division (B) of this section
resulting in a suspension shall be accompanied by a written statement
of the conditions under which the radiologist assistant's license may
be reinstated. The board shall adopt rules in accordance with Chapter
119. of the Revised Code governing conditions to be imposed for
reinstatement. Reinstatement of a license suspended pursuant to
division (B) of this section requires an affirmative vote of not
fewer than six members of the board.

(M)
When the board refuses to grant or issue a license to practice as a
radiologist assistant to an applicant, revokes an individual's
license, refuses to renew an individual's license, or refuses to
reinstate an individual's license, the board may specify that its
action is permanent. An individual subject to a permanent action
taken by the board is forever thereafter ineligible to hold a license
to practice as a radiologist assistant and the board shall not accept
an application for reinstatement of the license or for issuance of a
new license.

(N)
Notwithstanding any other provision of the Revised Code, all of the
following apply:

(1)
The surrender of a license to practice as a radiologist assistant
issued under this chapter is not effective unless or until accepted
by the board. Reinstatement of a license surrendered to the board
requires an affirmative vote of not fewer than six members of the
board.

(2)
An application made under this chapter for a license to practice may
not be withdrawn without approval of the board.

(3)
Failure by an individual to renew a license to practice in accordance
with section 4774.06 of the Revised Code does not remove or limit the
board's jurisdiction to take disciplinary action under this section
against the individual.

(4)
The placement of an individual's license on retired status, as
described in section 4774.062 of the Revised Code, does not remove or
limit the board's jurisdiction to take any disciplinary action
against the individual with regard to the license as it existed
before being placed on retired status.

Sec.
4774.99.
(A)
Whoever violates division (A)(1) or (2) of section 4774.02 of the
Revised Code is guilty of a misdemeanor of the first degree on a
first offense; on each subsequent offense, the person is guilty of a
felony of the fourth degree.

(B)(1)
Whoever violates division (B)(1), (C)(1), (C)(2), (D), or (E) of
section 4774.16 of the Revised Code is guilty of a minor misdemeanor
on a first offense; on each subsequent offense the person is guilty
of a misdemeanor of the fourth degree, except that an individual
guilty of a subsequent offense shall not be subject to imprisonment,
but to a fine alone of up to one thousand dollars for each offense.

(2)
Whoever violates division (B)(2) or (C)(3) of section 4774.16 of the
Revised Code is guilty of
failure
to report criminal conduct or sexual misconduct,
a
misdemeanor of the fourth degree
.
If the offender has previously been convicted of a violation of this
division, the failure to report

on
a first offense; on each subsequent offense, the person
is

guilty
of
a
misdemeanor of the first degree.

(C)
Whoever violates division (E) of section 4774.14 of the Revised Code
is guilty of
disclosing
confidential investigatory information,
a
misdemeanor of the first degree.

Sec.
4778.14.
(A)
The state medical board, by an affirmative vote of not fewer than six
members, may refuse to grant a license to practice as a genetic
counselor to, or may revoke the license held by, an individual found
by the board to have committed fraud, misrepresentation, or deception
in applying for or securing the license.

(B)
The board, by an affirmative vote of not fewer than six members,
shall, except as provided in division (C) of this section, and to the
extent permitted by law, limit, revoke, or suspend an individual's
license to practice as a genetic counselor, refuse to issue a license
to an applicant, refuse to renew a license, refuse to reinstate a
license, or reprimand or place on probation the holder of a license
for any of the following reasons:

(1)
Permitting the holder's name or license to be used by another person;

(2)
Failure to comply with the requirements of this chapter, Chapter
4731. of the Revised Code, or any rules adopted by the board;

(3)
Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter, Chapter 4731. of the Revised Code, or
the rules adopted by the board;

(4)
A departure from, or failure to conform to, minimal standards of care
of similar practitioners under the same or similar circumstances
whether or not actual injury to the patient is established;

(5)
Inability to practice according to acceptable and prevailing
standards of care by reason of mental illness or physical illness,
including physical deterioration that adversely affects cognitive,
motor, or perceptive skills;

(6)
Impairment of ability to practice according to acceptable and
prevailing standards of care because of substance use disorder or
excessive use or abuse of drugs, alcohol, or other substances that
may impair ability to practice;

(7)
Willfully betraying a professional confidence;

(8)
Making a false, fraudulent, deceptive, or misleading statement in
securing or attempting to secure a license to practice as a genetic
counselor.

As
used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive because of
a failure to disclose material facts, is intended or is likely to
create false or unjustified expectations of favorable results, or
includes representations or implications that in reasonable
probability will cause an ordinarily prudent person to misunderstand
or be deceived.

(9)
The obtaining of, or attempting to obtain, money or a thing of value
by fraudulent misrepresentations in the course of practice;

(10)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
felony;

(11)
Commission of an act that constitutes a felony in this state,
regardless of the jurisdiction in which the act was committed;

(12)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor committed in the course of practice;

(13)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor involving moral turpitude;

(14)
Commission of an act in the course of practice that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(15)
Commission of an act involving moral turpitude that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(16)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for
violating any state or federal law regulating the possession,
distribution, or use of any drug, including trafficking in drugs;

(17)
Any of the following actions taken by an agency responsible for
authorizing, certifying, or regulating an individual to practice a
health care occupation or provide health care services in this state
or in another jurisdiction, for any reason other than the nonpayment
of fees: the limitation, revocation, or suspension of an individual's
license to practice; acceptance of an individual's license surrender;
denial of a license; refusal to renew or reinstate a license;
imposition of probation; or issuance of an order of censure or other
reprimand;

(18)
Violation of the conditions placed by the board on a license to
practice as a genetic counselor;

(19)
Failure to cooperate in an investigation conducted by the board under
section 4778.18 of the Revised Code, including failure to comply with
a subpoena or order issued by the board or failure to answer
truthfully a question presented by the board at a deposition or in
written interrogatories, except that failure to cooperate with an
investigation shall not constitute grounds for discipline under this
section if a court of competent jurisdiction has issued an order that
either quashes a subpoena or permits the individual to withhold the
testimony or evidence in issue;

(20)
Failure to maintain the individual's status as a certified genetic
counselor;

(21)
Failure to comply with the code of ethics established by the national
society of genetic counselors.

(C)
The board shall not refuse to issue a license to an applicant because
of a plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for an
offense unless the refusal is in accordance with section 9.79 of the
Revised Code.

(D)
Disciplinary actions taken by the board under divisions (A) and (B)
of this section shall be taken pursuant to an adjudication under
Chapter 119. of the Revised Code, except that in lieu of an
adjudication, the board may enter into a consent agreement with a
genetic counselor or applicant to resolve an allegation of a
violation of this chapter or any rule adopted under it. A consent
agreement, when ratified by an affirmative vote of not fewer than six
members of the board, shall constitute the findings and order of the
board with respect to the matter addressed in the agreement. If the
board refuses to ratify a consent agreement, the admissions and
findings contained in the consent agreement shall be of no force or
effect.

A
telephone conference call may be utilized for ratification of a
consent agreement that revokes or suspends an individual's license.
The telephone conference call shall be considered a special meeting
under division (F) of section 121.22 of the Revised Code.

(E)
For purposes of divisions (B)(11), (14), and (15) of this section,
the commission of the act may be established by a finding by the
board, pursuant to an adjudication under Chapter 119. of the Revised
Code, that the applicant or license holder committed the act in
question. The board shall have no jurisdiction under these divisions
in cases where the trial court renders a final judgment in the
license holder's favor and that judgment is based upon an
adjudication on the merits. The board shall have jurisdiction under
these divisions in cases where the trial court issues an order of
dismissal on technical or procedural grounds.

(F)
The sealing or expungement of conviction records by any court shall
have no effect on a prior board order entered under the provisions of
this section or on the board's jurisdiction to take action under the
provisions of this section if, based upon a plea of guilty, a
judicial finding of guilt, or a judicial finding of eligibility for
intervention in lieu of conviction, the board issued a notice of
opportunity for a hearing or took other formal action under Chapter
119. of the Revised Code prior to the court's order to seal or
expunge the records. The board shall not be required to seal,
destroy, redact, or otherwise modify its records to reflect the
court's sealing or expungement of conviction records.

(G)
For purposes of this division, any individual who holds a license to
practice as a genetic counselor, or applies for a license, shall be
deemed to have given consent to submit to a mental or physical
examination when directed to do so in writing by the board and to
have waived all objections to the admissibility of testimony or
examination reports that constitute a privileged communication.

(1)
In enforcing division (B)(5) of this section, the board, on a showing
of a possible violation, shall refer any individual who holds, or has
applied for, a license to practice as a genetic counselor to the
monitoring organization that conducts the confidential monitoring
program established under section 4731.25 of the Revised Code. The
board also may compel the individual to submit to a mental or
physical examination, or both. A physical examination may include an
HIV test. The expense of the examination is the responsibility of the
individual compelled to be examined. Failure to submit to a mental or
physical examination or consent to an HIV test ordered by the board
constitutes an admission of the allegations against the individual
unless the failure is due to circumstances beyond the individual's
control, and a default and final order may be entered without the
taking of testimony or presentation of evidence. If the board finds a
genetic counselor unable to practice because of the reasons set forth
in division (B)(5) of this section, the board shall require the
genetic counselor to submit to care, counseling, or treatment by
physicians approved or designated by the board, as a condition for an
initial, continued, reinstated, or renewed license to practice. An
individual affected by this division shall be afforded an opportunity
to demonstrate to the board the ability to resume practicing in
compliance with acceptable and prevailing standards of care.

(2)
For purposes of division (B)(6) of this section, if the board has
reason to believe that any individual who holds a license to practice
as a genetic counselor or any applicant for a license suffers such
impairment, the board shall refer the individual to the monitoring
organization that conducts the confidential monitoring program
established under section 4731.25 of the Revised Code. The board also
may compel the individual to submit to a mental or physical
examination, or both. The expense of the examination is the
responsibility of the individual compelled to be examined. Any mental
or physical examination required under this division shall be
undertaken by a treatment provider or physician qualified to conduct
such examination and approved under section 4731.251 of the Revised
Code.

Failure
to submit to a mental or physical examination ordered by the board
constitutes an admission of the allegations against the individual
unless the failure is due to circumstances beyond the individual's
control, and a default and final order may be entered without the
taking of testimony or presentation of evidence. If the board
determines that the individual's ability to practice is impaired, the
board shall suspend the individual's license or deny the individual's
application and shall require the individual, as a condition for an
initial, continued, reinstated, or renewed license, to submit to
treatment.

Before
being eligible to apply for reinstatement of a license suspended
under this division, the genetic counselor shall demonstrate to the
board the ability to resume practice in compliance with acceptable
and prevailing standards of care. The demonstration shall include the
following:

(a)
Certification from a treatment provider approved under section
4731.251 of the Revised Code that the individual has successfully
completed any required inpatient treatment;

(b)
Evidence of continuing full compliance with an aftercare contract or
consent agreement;

(c)
Two written reports indicating that the individual's ability to
practice has been assessed and that the individual has been found
capable of practicing according to acceptable and prevailing
standards of care. The reports shall be made by individuals or
providers approved by the board for making such assessments and shall
describe the basis for their determination.

The
board may reinstate a license suspended under this division after
such demonstration and after the individual has entered into a
written consent agreement.

When
the impaired genetic counselor resumes practice, the board shall
require continued monitoring of the genetic counselor. The monitoring
shall include monitoring of compliance with the written consent
agreement entered into before reinstatement or with conditions
imposed by board order after a hearing, and, on termination of the
consent agreement, submission to the board for at least two years of
annual written progress reports made under penalty of falsification
stating whether the genetic counselor has maintained sobriety.

(H)(1)
If either of the following circumstances occur, the secretary and
supervising member may recommend that the board suspend an
individual's license to practice without a prior hearing:

(a)
The secretary and supervising member determine both of the following:

(i)
That there is clear and convincing evidence that a genetic counselor
has violated division (B) of this section;

(ii)
That the individual's continued practice presents a danger of
immediate and serious harm to the public.

(b)
The board receives verifiable information that a licensee has been
charged in any state or federal court for a crime classified as a
felony under the charging court's law and the conduct charged
constitutes a violation of division (B) of this section.

(2)
If a recommendation is made to suspend without a prior hearing
pursuant to division (H)(1) of this section, written allegations
shall be prepared for consideration by the board. The board, on
review of the allegations and by an affirmative vote of not fewer
than six of its members, excluding the secretary and supervising
member, may suspend a license without a prior hearing. A telephone
conference call may be utilized for reviewing the allegations and
taking the vote on the summary suspension.

The
board shall serve a written order of suspension in accordance with
sections 119.05 and 119.07 of the Revised Code.
The
order shall not be subject to suspension by the court during pendency
of any appeal filed under section 119.12 of the Revised Code.
If
the genetic counselor requests an adjudicatory hearing by the board,
the date set for the hearing shall be within fifteen days, but not
earlier than seven days, after the genetic counselor requests the
hearing, unless otherwise agreed to by both the board and the genetic
counselor.

(3)
A summary suspension imposed under
this

division

(H)(2)
of this section is not a final appealable order and is not an
adjudication that may be appealed under section 119.12 of the Revised
Code. The summary suspension
shall
remain in effect
,
unless reversed on appeal,

until a final adjudicative order issued by the board pursuant to this
section and Chapter 119. of the Revised Code becomes effective
.
Once a final adjudicative order has been issued by the board, any
party adversely affected by it may file an appeal in accordance with
the requirements of Chapter 119. of the Revised Code
.

The

The

board
shall issue its final adjudicative order within
sixty

seventy-five

days
after completion of its hearing. Failure to issue the order within

sixty

seventy-five

days
shall result in dissolution of the summary suspension order, but
shall not invalidate any subsequent, final adjudicative order.

(I)
If the board takes action under division (B)(10), (12), or (13) of
this section, and the judicial finding of guilt, guilty plea, or
judicial finding of eligibility for intervention in lieu of
conviction is overturned on appeal, on exhaustion of the criminal
appeal, a petition for reconsideration of the order may be filed with
the board along with appropriate court documents. On receipt of a
petition and supporting court documents, the board shall reinstate
the license to practice as a genetic counselor. The board may then
hold an adjudication under Chapter 119. of the Revised Code to
determine whether the individual committed the act in question.
Notice of opportunity for hearing shall be given in accordance with
Chapter 119. of the Revised Code. If the board finds, pursuant to an
adjudication held under this division, that the individual committed
the act, or if no hearing is requested, it may order any of the
sanctions specified in division (B) of this section.

(J)
The license to practice as a genetic counselor and the counselor's
practice in this state are automatically suspended as of the date the
genetic counselor pleads guilty to, is found by a judge or jury to be
guilty of, or is subject to a judicial finding of eligibility for
intervention in lieu of conviction in this state or treatment or
intervention in lieu of conviction in another jurisdiction for any of
the following criminal offenses in this state or a substantially
equivalent criminal offense in another jurisdiction: aggravated
murder, murder, voluntary manslaughter, felonious assault,
trafficking in persons, kidnapping, rape, sexual battery, gross
sexual imposition, aggravated arson, aggravated robbery, or
aggravated burglary. Continued practice after the suspension shall be
considered practicing without a license.

The
board shall serve the individual subject to the suspension in
accordance with sections 119.05 and 119.07 of the Revised Code. If an
individual whose license is suspended under this division fails to
make a timely request for an adjudication under Chapter 119. of the
Revised Code, the board shall enter a final order permanently
revoking the individual's license to practice.

(K)
In any instance in which the board is required by Chapter 119. of the
Revised Code to give notice of opportunity for hearing and the
individual subject to the notice does not timely request a hearing in
accordance with section 119.07 of the Revised Code, the board is not
required to hold a hearing, but may adopt, by an affirmative vote of
not fewer than six of its members, a final order that contains the
board's findings. In the final order, the board may order any of the
sanctions identified under division (A) or (B) of this section.

(L)
Any action taken by the board under division (B) of this section
resulting in a suspension shall be accompanied by a written statement
of the conditions under which the license of the genetic counselor
may be reinstated. The board shall adopt rules in accordance with
Chapter 119. of the Revised Code governing conditions to be imposed
for reinstatement. Reinstatement of a license suspended pursuant to
division (B) of this section requires an affirmative vote of not
fewer than six members of the board.

(M)
When the board refuses to grant or issue a license to practice as a
genetic counselor to an applicant, revokes an individual's license,
refuses to renew an individual's license, or refuses to reinstate an
individual's license, the board may specify that its action is
permanent. An individual subject to a permanent action taken by the
board is forever thereafter ineligible to hold a license to practice
as a genetic counselor and the board shall not accept an application
for reinstatement of the license or for issuance of a new license.

(N)
Notwithstanding any other provision of the Revised Code, all of the
following apply:

(1)
The surrender of a license to practice as a genetic counselor is not
effective unless or until accepted by the board. A telephone
conference call may be utilized for acceptance of the surrender of an
individual's license. The telephone conference call shall be
considered a special meeting under division (F) of section 121.22 of
the Revised Code. Reinstatement of a license surrendered to the board
requires an affirmative vote of not fewer than six members of the
board.

(2)
An application made under this chapter for a license to practice may
not be withdrawn without approval of the board.

(3)
Failure by an individual to renew a license in accordance with
section 4778.06 of the Revised Code does not remove or limit the
board's jurisdiction to take disciplinary action under this section
against the individual.

(4)
The placement of an individual's license on retired status, as
described in section 4778.072 of the Revised Code, does not remove or
limit the board's jurisdiction to take any disciplinary action
against the individual with regard to the license as it existed
before being placed on retired status.

Sec.
4778.99.
Whoever
violates section 4778.02 of the Revised Code is guilty of a
misdemeanor of the first degree on a first offense and felony of the
fifth degree on each subsequent offense.

Whoever
violates division (B)(1) or (2) of section 4778.171 of the Revised
Code is guilty of
failure
to report criminal conduct or sexual misconduct,
a
misdemeanor of the fourth degree
.
If the offender has previously been convicted of a violation of this
division, the failure to report is

on
a first offense and
a
misdemeanor of the first degree

on
each subsequent offense
.

Whoever
violates division (E) of section 4778.18 of the Revised Code is
guilty of
disclosing
confidential investigatory information,
a
misdemeanor of the first degree.

Sec.
4785.041.
(A)
The division of industrial compliance within the department of
commerce may renew a license issued under section 4785.04 of the
Revised Code if the licensee does all of the following:

(1)
Submits an application for license renewal on a form prescribed by
the division;

(2)
Pays the license renewal fee established by the division;

(3)
If the licensee is an elevator mechanic, submits evidence that the
applicant has completed the continuing education coursework described
in division (B) of this section;

(4)
If the license is an elevator contractor's license, submits proof
that the applicant is in compliance with the insurance requirements
prescribed in section 4785.07 of the Revised Code.

(B)
The continuing education courses described in division (A)(3) of this
section shall:

(1)
Instruct licensees on new and existing rules and standards adopted by
the division;

(2)
Consist of not less than eight hours of instruction;

(3)
Be attended and completed within one year immediately preceding the
scheduled date for the license renewal;

(4)
Be taught by instructors through continuing education providers
approved by the division.

(C)
A continuing education instructor who holds a license under this
chapter is exempt from the continuing education requirement
prescribed in division (A)(3) of this section, provided that any such
applicant was qualified as an instructor at any time during the year
immediately preceding the scheduled date for the license renewal.

(D)(1)
A licensee who is unable to complete the continuing education
coursework required under this section before the expiration of the
licensee's license due to a temporary disability may apply for a
temporary continuing education waiver from the division.

(2)
An application for a temporary continuing education waiver shall be
made in a form prescribed by the division, which shall be signed by
the applicant
under
the penalty of perjury
and
accompanied by a
certified

statement
from a competent physician attesting to the temporary disability. If
the division grants the waiver, the licensee's license does not
expire but is placed on inactive status.

(3)
On the termination of the temporary disability, the licensee shall
submit to the division a
certified

statement
from the same physician, if practicable, attesting to the termination
of the temporary disability. The division shall then take the
licensee's license off inactive status and shall issue a waiver
sticker, valid for ninety days, to the licensee and affix the sticker
to the license. The licensee may then perform the tasks the license
authorizes the licensee to perform but the licensee shall meet the
continuing education requirement during this ninety-day period or be
considered to have not met the continuing education requirement and
the license shall be deemed to be expired.

(E)(1)
Approved continuing education providers shall keep uniform records,
for a period of ten years, of attendance of licensees in a format
approved by the division. Such records shall be available for
inspection by the division on request.

(2)
Approved training providers are responsible for the security of all
attendance records and certificates of completion, provided, however,
that falsifying or knowingly allowing another to falsify such
attendance records or certificates of completion constitutes grounds
for suspension or revocation of a continuing education provider's
division approval.

(F)
The division shall not renew the license of an individual or entity
if the individual or entity would be denied an initial license for a
reason listed in division (E) of section 4785.04 of the Revised Code.

Sec.
4903.10.
After
any order has been made by the public utilities commission, any party
who has entered an appearance in person or by counsel in the
proceeding may apply for a rehearing in respect to any matters
determined in the proceeding. Such application shall be filed within
thirty days after the entry of the order upon the journal of the
commission.

Notwithstanding
the preceding paragraph, in any uncontested proceeding or, by leave
of the commission first had in any other proceeding, any affected
person, firm, or corporation may make an application for a rehearing
within thirty days after the entry of any final order upon the
journal of the commission. Leave to file an application for rehearing
shall not be granted to any person, firm, or corporation who did not
enter an appearance in the proceeding unless the commission first
finds:

(A)
The applicant's failure to enter an appearance prior to the entry
upon the journal of the commission of the order complained of was due
to just cause; and,

(B)
The interests of the applicant were not adequately considered in the
proceeding.

Every
applicant for rehearing or for leave to file an application for
rehearing shall give due notice of the filing of such application to
all parties who have entered an appearance in the proceeding in the
manner and form prescribed by the commission.

Such
application shall be in writing and shall set forth specifically the
ground or grounds on which the applicant considers the order to be
unreasonable or unlawful. No party shall in any court urge or rely on
any ground for reversal, vacation, or modification not so set forth
in the application.

Where
such application for rehearing has been filed before the effective
date of the order as to which a rehearing is sought, the effective
date of such order, unless otherwise ordered by the commission, shall
be postponed or stayed pending disposition of the matter by the
commission or by operation of law. In all other cases the making of
such an application shall not excuse any person from complying with
the order, or operate to stay or postpone the enforcement thereof,
without a special order of the commission.

Where
such application for rehearing has been filed, the commission may
grant and hold such rehearing on the matter specified in such
application, if in its judgment sufficient reason therefor is made to
appear. Notice of such rehearing shall be given by regular mail to
all parties who have entered an appearance in the proceeding.

If
the commission does not grant or deny such application for rehearing
within thirty days from the date of filing thereof, it is denied by
operation of law.

If
the commission grants such rehearing, it shall specify in the notice
of such granting the purpose for which it is granted. The commission
shall also specify the scope of the additional evidence, if any, that
will be taken, but it shall not upon such rehearing take any evidence
that, with reasonable diligence, could have been offered upon the
original hearing.

If,
after such rehearing, the commission is of the opinion that the
original order or any part thereof is in any respect unjust or
unwarranted, or should be changed, the commission may abrogate or
modify the same; otherwise such order shall be affirmed. An order
made after such rehearing, abrogating or modifying the original
order, shall have the same effect as an original order, but shall not
affect any right or the enforcement of any right arising from or by
virtue of the original order prior to the receipt of notice by the
affected party of the filing of the application for rehearing.

If
the commission does not affirm, abrogate, or modify the original
order within ninety days from the date granting such rehearing, the
order is affirmed by operation of law.

No
cause of action arising out of any order of the commission, other
than in support of the order, shall accrue in any court to any
person, firm, or corporation unless such person, firm, or corporation
has made a proper application to the commission for a rehearing.

Sec.
4905.311.
(A)
As used in this section, "electric distribution utility"
has the same meaning as in section 4928.01 of the Revised Code.

(B)
Notwithstanding any provision of the Revised Code to the contrary, an
electric distribution utility may supply behind the meter electric
generation service, provided that
an
application for
any
behind the meter electric generation facilities that the utility
intends to use to supply such service
were

was

filed
with the public utilities commission under section 4928.47 of the
Revised Code, as that section existed prior to its repeal by H.B. 15
of the 136th General Assembly, no later than March 31, 2025.

(C)
No electric distribution utility shall recover any of the following
costs through any rate, charge, or recovery from retail electric
service customers that are not receiving behind the meter electric
generation service from the utility:

(1)
Costs associated with supplying behind the meter electric generation
service;

(2)
Costs associated with any behind the meter electric generation
service facility;

(3)
Stranded costs associated with the closing of any behind the meter
electric generation service facility or an end-use customer of the
behind the meter electric generation service ceasing operations.

(D)
No electric distribution utility shall offer direct, associated
inducements for contracting with the utility for any behind the meter
electric generation service.

(E)
The public utilities commission shall periodically audit all electric
distribution utilities that provide any behind the meter electric
generation service to ensure compliance with this section.

Sec.
4906.07.
(A)
Upon the receipt of an application complying with section 4906.06 of
the Revised Code, the power siting board shall promptly fix a date
for a public hearing thereon, not less than forty-five nor more than
sixty days after such receipt, and shall conclude the proceeding as
expeditiously as practicable.

(B)
On an application for an amendment of a certificate, the board shall
hold a hearing in the same manner as a hearing is held on an
application for a certificate if the proposed change in the facility
would result in any material increase in any environmental impact of
the facility or a substantial change in the location of all or a
portion of such facility other than as provided in the alternates set
forth in the application.

(C)
The chairperson of the power siting board shall cause each
application filed with the board to be investigated and shall, not
less than
fifteen

five

days
prior to the date any application is set for hearing submit a written
report to the board and to the applicant. A copy of such report shall
be made available to any person upon request. Such report shall set
forth the nature of the investigation, and shall contain recommended
findings with regard to division (A) of section 4906.10 of the
Revised Code and shall become part of the record and served upon all
parties to the proceeding.

Sec.
4911.18.
(A)
For the sole purpose of maintaining and administering the office of
the consumers' counsel and exercising the powers of the consumers'
counsel under this chapter, an amount equal to the appropriation to
the office of the consumers' counsel in each fiscal year shall be
apportioned among and assessed against each public utility within
this state, as defined in section 4911.01 of the Revised Code, by
first computing an assessment as though it were to be made in
proportion to the intrastate gross earnings or receipts of the public
utility for the calendar year next preceding that in which the
assessment is made, excluding earnings or receipts from sales to
other public utilities for resale. The office may include in that
first computation any amount of a public utility's intrastate gross
earnings or receipts underreported in a prior year. In addition to
whatever penalties apply under the Revised Code to such
underreporting, the office shall assess the public utility interest
at the rate stated in division (A) of section 1343.01 of the Revised
Code. The office shall deposit any interest so collected into the
consumers' counsel operating fund. The office may exclude from that
first computation any such amounts that were over-reported in a prior
year.

The
final computation of the assessment shall consist of imposing upon
each public utility whose assessment under the first computation
would have been one hundred dollars or less an assessment of one
hundred dollars and recomputing the assessment of the remaining
companies by apportioning an amount equal to the appropriation to the
office of consumers' counsel in each fiscal year less the total
amount to be recovered from those paying the minimum assessment, in
proportion to the intrastate gross earnings or receipts of the
remaining companies for the calendar year next preceding that in
which the assessments are made, excluding earnings or receipts from
sales to other public utilities for resale.

In
the case of an assessment based on intrastate gross receipts under
this section against a public utility that is an electric utility as
defined in section 4928.01 of the Revised Code, or an electric
services company, electric cooperative, or governmental aggregator
subject to certification under section 4928.08 of the Revised Code,
such receipts shall be those specified in the utility's, company's,
cooperative's, or aggregator's most recent report of intrastate gross
receipts and sales of kilowatt hours of electricity, filed with the
public utilities commission pursuant to division (F) of section
4928.06 of the Revised Code, and verified by the commission.

In
the case of an assessment based on intrastate gross receipts under
this section against a retail natural gas supplier or governmental
aggregator subject to certification under section 4929.20 of the
Revised Code, such receipts shall be those specified in the
supplier's or aggregator's most recent report of intrastate gross
receipts and sales of hundred cubic feet of natural gas, filed with
the commission pursuant to division (B) of section 4929.23 of the
Revised Code, and verified by the commission. However, no such retail
natural gas supplier or such governmental aggregator serving or
proposing to serve customers of a particular natural gas company, as
defined in section 4929.01 of the Revised Code, shall be assessed
under this section until after the commission, pursuant to section
4905.26 or 4909.18 of the Revised Code, has removed from the base
rates of the natural gas company the amount of assessment under this
section that is attributable to the value of commodity sales service,
as defined in section 4929.01 of the Revised Code, in the base rates
paid by those customers of the company that do not purchase that
service from the natural gas company.

(B)
Through calendar year 2005, on or before the first day of October in
each year, the office of consumers' counsel shall notify each public
utility of the sum assessed against it, whereupon payment shall be
made to the counsel, who shall deposit it into the state treasury to
the credit of the consumers' counsel operating fund, which is hereby
created. Beginning in calendar year 2006, on or before the fifteenth
day of May in each year, the consumers' counsel shall notify each
public utility that had a sum assessed against it for the current
fiscal year of more than one thousand dollars that fifty per cent of
that amount shall be paid to the consumers' counsel by the twentieth
day of June of that year as an initial payment of the assessment
against the company for the next fiscal year. On or before the first
day of October in each year, the consumers' counsel shall make a
final determination of the sum of the assessment against each public
utility and shall notify each public utility of the sum assessed
against it. The consumers' counsel shall deduct from the assessment
for each public utility any initial payment received. Payment of the
assessment shall be made to the consumers' counsel by the first day
of November of that year. The consumers' counsel shall deposit the
payments received into the state treasury to the credit of the
consumers' counsel operating fund. Any such amounts paid into the
fund but not expended by the office shall be credited ratably by the
office to the public utilities that pay more than the minimum
assessment, according to the respective portions of such sum
assessable against them for the ensuing fiscal year, after first
deducting any deficits accumulated from prior years. The assessments
for such fiscal year shall be reduced correspondingly.

(C)
Within five days after the beginning of each fiscal year through
fiscal year 2006, the director of budget and management shall
transfer from the general revenue fund to the consumers' counsel
operating fund an amount sufficient for maintaining and administering
the office of the consumers' counsel and exercising the powers of the
consumers' counsel under this chapter during the first four months of
the fiscal year. Not later than the thirty-first day of December of
the fiscal year, the same amount shall be transferred back to the
general revenue fund from the consumers' counsel operating fund.

(D)

(D)(1)

As
used in this section, "public utility" includes:

(1)

(a)

In
addition to an electric utility as defined in section 4928.01 of the
Revised Code, an electric services company, an electric cooperative,
or a governmental aggregator subject to certification under section
4928.08 of the Revised Code, to the extent of the company's,
cooperative's, or aggregator's engagement in the business of
supplying or arranging for the supply in this state of any retail
electric service for which it must be so certified;

(2)

(b)

In
addition to a natural gas company as defined in section 4929.01 of
the Revised Code, a retail natural gas supplier or governmental
aggregator subject to certification under section 4929.20 of the
Revised Code, to the extent of the supplier's or aggregator's
engagement in the business of supplying or arranging for the supply
in this state of any competitive retail natural gas service for which
it must be certified.

(2)
As used in this section, "public utility" does not include
a wireless service provider or reseller as defined in section 128.01
of the Revised Code, to the extent either of them are providing
wireless service as defined under section 128.01 of the Revised Code.

Sec.
4921.01.
As
used in this chapter:

(A)
"Ambulance" has the same meaning as in section 4766.01 of
the Revised Code.

(B)
"For-hire motor carrier" means a person engaged in the
business of transporting persons or property by motor vehicle for
compensation, except when engaged in any of the following in
intrastate commerce:

(1)
The transportation of persons in taxicabs in the usual taxicab
service;

(2)
The transportation of pupils in school buses operating to or from
school sessions or school events;

(3)
The transportation of farm supplies to the farm or farm products from
farm to market or to food fabricating plants;

(4)
The distribution of newspapers;

(5)
The transportation of crude petroleum incidental to gathering from
wells and delivery to destination by pipeline;

(6)
The transportation of injured, ill, or deceased persons by hearse or
ambulance;

(7)
The transportation of compost (a combination of manure and sand or
shredded bark mulch) or shredded bark mulch;

(8)
The transportation of persons in a ridesharing arrangement when any
fee charged each person so transported is in such amount as to
recover only the person's share of the costs of operating the motor
vehicle for such purpose;

(9)
The operation of motor vehicles for contractors on public road work
;

(10)
The operation of trailers that are all of the following:

(a)
Designed and used exclusively to transport a single boat between the
following that are not more than ten miles apart:

(i)
A place of storage;

(ii)
A marina, or a place that is in and around a marina;

(b)
Drawn or towed within this state on a public road or highway at a
speed of twenty-five miles per hour or less;

(c)
The gross vehicle weight rating, gross combination weight rating,
gross vehicle weight, and gross combination weight or any combination
thereof does not exceed twenty-six thousand one pounds
.

"For-hire
motor carrier" includes the carrier's agents, officers, and
representatives, as well as employees responsible for hiring,
supervising, training, assigning, or dispatching drivers and
employees concerned with the installation, inspection, and
maintenance of motor-vehicle equipment and accessories.

Divisions
(B)(1) to (9) of this section shall not be construed to relieve a
person from compliance with rules governing unified carrier
registration adopted under section 4921.11 of the Revised Code.

(C)
"Household goods" means personal effects and property used
or to be used in a dwelling, excluding property moving from a factory
or store.

(D)
"Interstate commerce" means trade, traffic, or
transportation in the United States that is any of the following:

(1)
Between a place in a state and a place outside of that state
(including a place outside of the United States);

(2)
Between two places in a state through another state or a place
outside of the United States;

(3)
Between two places in a state as part of trade, traffic, or
transportation originating or terminating outside the state or the
United States.

(E)
"Intrastate commerce" means any trade, traffic, or
transportation in any state which is not described in the term
"interstate commerce."

(F)
"Motor vehicle" means any vehicle, machine, tractor,
trailer, or semitrailer propelled or drawn by mechanical power and
used upon the highways in the transportation of persons or property,
or any combination thereof, but does not include any vehicle,
locomotive, or car operated exclusively on a rail or rails, or a
trolley bus operated by electric power derived from a fixed overhead
wire, furnishing local passenger transportation similar to
street-railway service

and
does not include trailers that are all of the following:

(1)
Designed and used exclusively to transport a single boat between the
following that are not more than ten miles apart:

(a)
A place of storage;

(b)
A marina, or a place that is in and around a marina;

(2)
Drawn or towed within this state on a public road or highway at a
speed of twenty-five miles per hour or less;

(3)
The gross vehicle weight rating, gross combination weight rating,
gross vehicle weight, and gross combination weight or any combination
thereof does not exceed twenty-six thousand one pounds
.

(G)
"Public highway" means any public street, road, or highway
in this state, whether within or without the corporate limits of a
municipal corporation.

(H)
"Ridesharing arrangement" means the transportation of
persons in a motor vehicle where such transportation is incidental to
another purpose of a volunteer driver, and includes ridesharing
arrangements known as carpools, vanpools, and buspools.

(I)
"School bus" has the same meaning as in section 4511.01 of
the Revised Code.

(J)
"Trailer" means any vehicle without motive power designed
or used for carrying persons or property and for being drawn by a
separate motor vehicle, including any vehicle of the trailer type,
whether designed or used for carrying persons or property wholly on
its own structure, or so designed or used that a part of its own
weight or the weight of its load rests upon and is carried by such
motor vehicle.

Sec.
4923.01.
As
used in this chapter:

(A)
"Ambulance," "interstate commerce," "intrastate
commerce," "motor vehicle," "public highway,"
"ridesharing arrangement," and "school bus" have
the same meanings as in section 4921.01 of the Revised Code.

(B)
"For-hire motor carrier" means a person engaged in the
business of transporting persons or property by motor vehicle for
compensation, except when engaged in any of the following in
intrastate commerce:

(1)
The transportation of persons in taxicabs in the usual taxicab
service;

(2)
The transportation of pupils in school
busses

buses

operating to or from school sessions or school events;

(3)
The transportation of farm supplies to the farm or farm products from
farm to market or to food fabricating plants;

(4)
The distribution of newspapers;

(5)
The transportation of crude petroleum incidental to gathering from
wells and delivery to destination by pipe line;

(6)
The transportation of injured, ill, or deceased persons by hearse or
ambulance;

(7)
The transportation of compost (a combination of manure and sand or
shredded bark mulch) or shredded bark mulch;

(8)
The transportation of persons in a ridesharing arrangement when any
fee charged each person so transported is in such amount as to
recover only the person's share of the costs of operating the motor
vehicle for such purpose;

(9)
The operation of motor vehicles for contractors on public road work
;

(10)
The operation of trailers that are all of the following:

(a)
Designed and used exclusively to transport a single boat between the
following that are not more than ten miles apart:

(i)
A place of storage;

(ii)
A marina, or a place that is in and around a marina;

(b)
Drawn or towed within this state on a public road or highway at a
speed of twenty-five miles per hour or less;

(c)
The gross vehicle weight rating, gross combination weight rating,
gross vehicle weight, and gross combination weight or any combination
thereof does not exceed twenty-six thousand one pounds
.

"For-hire
motor carrier" includes the carrier's agents, officers, and
representatives, as well as employees responsible for hiring,
supervising, training, assigning, or dispatching drivers and
employees concerned with the installation, inspection, and
maintenance of motor-vehicle equipment and accessories.

Divisions
(B)(1) to (9) of this section shall not be construed to relieve a
person from compliance with rules adopted under division (A)(2) of
section 4923.04 of the Revised Code, division (E) of section 4923.06
of the Revised Code, division (B) of section 4923.07 of the Revised
Code, and section 4923.11 of the Revised Code, or from compliance
with rules regarding commercial driver's licenses adopted under
division (A)(1) of section 4923.04 of the Revised Code.

(C)
"Motor carrier" means both a for-hire motor carrier and a
private motor carrier.

(D)
"Private motor carrier" means a person who is not a
for-hire motor carrier but is engaged in the business of transporting
persons or property by motor vehicle, except as provided in section
4923.02 of the Revised Code. "Private motor carrier"
includes the carrier's agents, officers, and representatives, as well
as employees responsible for hiring, supervising, training,
assigning, or dispatching drivers and employees concerned with the
installation, inspection, and maintenance of motor-vehicle equipment
and accessories.

Sec.
4927.01.
(A)
As used in this chapter:

(1)
"Basic local exchange service" means residential-end-user
access to and usage of telephone-company-provided services over a
single line or small-business-end-user access to and usage of
telephone-company-provided services over the primary access line of
service, which in the case of residential and small-business access
and usage is not part of a bundle or package of services, that does
both of the following:

(a)
Enables a customer to originate or receive voice communications
within a local service area as that area exists on September 13,
2010, or as that area is changed with the approval of the public
utilities commission;

(b)
Consists of all of the following services:

(i)
Local dial tone service;

(ii)
For residential end users, flat-rate telephone exchange service;

(iii)
Touch tone dialing service;

(iv)
Access to and usage of 9-1-1 services, where such services are
available;

(v)
Access to operator services and directory assistance;

(vi)
Provision of a telephone directory in any reasonable format, which
includes, at the telephone company's option, an internet-accessible
database of directory listings, for no additional charge and a
listing in that directory, with reasonable accommodations made for
private listings, and for a telephone company that no longer offers a
printed directory, provision of reasonable customer notice of the
available options to obtain directory information;

(vii)
Per call, caller identification blocking services;

(viii)
Access to telecommunications relay service; and

(ix)
Access to toll presubscription, interexchange or toll providers or
both, and networks of other telephone companies.

"Basic
local exchange service" excludes any voice service to which
customers are transitioned following a withdrawal of basic local
exchange service under section 4927.10 of the Revised Code.

(2)
"Bundle or package of services" means one or more
telecommunications services or other services offered together as one
service option at a single price.

(3)
"Carrier access" means access to and usage of telephone
company-provided facilities that enable end user customers
originating or receiving voice grade, data, or image communications,
over a local exchange telephone company network operated within a
local service area, to access interexchange or other networks and
includes special access.

(4)
"Federal poverty level" means the income level represented
by the poverty guidelines as revised annually by the United States
department of health and human services in accordance with section
673(2) of the "Omnibus Reconciliation Act of 1981," 95
Stat. 511, 42 U.S.C. 9902, as amended, for a family size equal to the
size of the family of the person whose income is being determined.

(5)
"Incumbent local exchange carrier" means, with respect to
an area, the local exchange carrier that:

(a)
On February 8, 1996, provided telephone exchange service in such
area; and

(b)(i)
On February 8, 1996, was deemed to be a member of the exchange
carrier association pursuant to 47 C.F.R. 69.601(b); or

(ii)
Is a person or entity that, on or after February 8, 1996, became a
successor or assign of a member described in division (A)(5)(b)(i) of
this section.

(6)
"Internet protocol-enabled services" means any services,
capabilities, functionalities, or applications that are provided
using internet protocol or a successor protocol to enable an end user
to send or receive communications in internet protocol format or a
successor format, regardless of how any particular such service is
classified by the federal communications commission, and includes
voice over internet protocol service.

(7)
"Interstate-access component" means the portion of carrier
access that is within the jurisdiction of the federal communications
commission.

(8)
"Local exchange carrier" means any person engaged in the
provision of telephone exchange service, or the offering of access to
telephone exchange service or facilities for the purpose of
originating or terminating telephone toll service.

(9)
"Local service area" means the geographic area that may
encompass more than one exchange area and within which a telephone
customer, by paying the rate for basic local exchange service, may
complete calls to other telephone customers without being assessed
long distance toll charges.

(10)
"Small business" means a nonresidential service customer
with three or fewer service access lines.

(11)
"Telecommunications" means the transmission, between or
among points specified by the user, of information of the user's
choosing, without change in the form or content of the information as
sent and received.

(12)
"Telecommunications carrier" has the same meaning as in the
"Telecommunications Act of 1996," 110 Stat. 60, 47 U.S.C.
153.

(13)
"Telecommunications service" means the offering of
telecommunications for a fee directly to the public, or to such
classes of users as to be effectively available directly to the
public, regardless of the facilities used.

(14)
"Telephone company" means a company described in division
(A) of section 4905.03 of the Revised Code that is a public utility
under section 4905.02 of the Revised Code.

(15)
"Telephone exchange service" means telecommunications
service that is within a telephone exchange, or within a connected
system of telephone exchanges within the same exchange area operated
to furnish to subscribers intercommunicating service of the character
ordinarily furnished by a single exchange, and that is covered by the
exchange service charge; or comparable service provided through a
system of switches, transmission equipment, or other facilities, or
combination thereof, by which a customer can originate and terminate
a telecommunications service.

(16)
"Telephone toll service" means telephone service between
stations in different exchange areas for which there is made a
separate charge not included in contracts with customers for exchange
service.

(17)
"Voice over internet protocol service" means a service that
enables real-time, two-way, voice communications that originate or
terminate from the user's location using internet protocol or a
successor protocol, including, but not limited to, any such service
that permits an end user to receive calls from and terminate calls to
the public switched network.

(18)
"Voice service" includes all of the applicable
functionalities described in 47 C.F.R. 54.101(a). "Voice
service" is not the same as basic local exchange service.

(19)
"Wireless service" means federally licensed commercial
mobile service as defined in the "Telecommunications Act of
1996," 110 Stat. 61, 151, 153, 47 U.S.C. 332(d) and further
defined as commercial mobile radio service in 47 C.F.R. 20.3. Under
division (A)(19) of this section, commercial mobile radio service is
specifically limited to mobile telephone, mobile cellular telephone,
paging, personal communications services, and specialized mobile
radio service provided by a common carrier in this state and excludes
fixed wireless service.

(20)
"Wireless service provider" means a facilities-based
provider of wireless service to one or more end users in this state.

(21)
"Broadband internet access service" has the same meaning as
in 47 C.F.R. 8.1.

(B)
The definitions of this section shall be applied consistent with the
definitions in the "Telecommunications Act of 1996," 110
Stat. 56, 47 U.S.C. 151 et seq., as amended, and with federal
decisions interpreting those definitions.

Sec.
4927.22.
(A)
Notwithstanding any provision of the Revised Code, other than
division (B) of this section:

(1)
Broadband internet access service is not subject to regulation by the
public utilities commission.

(2)
No agency, commission, or political subdivision of this state shall
enact, adopt, or enforce, either directly or indirectly, any law,
rule, regulation, ordinance, standard, order or other provision
having the force or effect of law that regulates, or has the effect
of regulating, the rates, terms, or conditions of any broadband
internet access service, or otherwise treats providers of broadband
internet access services as public utilities or telecommunications
carriers.

(B)
This section shall not be construed to do any of the following:

(1)
Restrict any authority delegated to the commission or to any state
agency to administer a state or federal grant program under state or
federal statute, rule, or order;

(2)
Restrict the application to broadband internet access service, or
providers thereof, of any law that applies generally to the conduct
of business in the state relating to consumer protection and fair
competition;

(3)
Restrict the authority of any political subdivision in the state to
manage access to and use of any public way or public rights-of-way.

Sec.
4928.05.
(A)(1)
A competitive retail electric service supplied by an electric
services company, or by an electric utility consistent with section
4928.141 of the Revised Code, shall not be subject to supervision and
regulation by a municipal corporation under Chapter 743. of the
Revised Code or by the public utilities commission under Chapters
4901. to 4909., 4933., 4935., and 4963. of the Revised Code, except
sections 4905.10 and 4905.31, division (B) of section 4905.33, and
sections 4905.35 and 4933.81 to 4933.90; except sections 4905.06,
4935.03, 4963.40, and 4963.41 of the Revised Code only to the extent
related to service reliability and public safety; and except as
otherwise provided in this chapter. The commission's authority to
enforce those excepted provisions with respect to a competitive
retail electric service shall be such authority as is provided for
their enforcement under Chapters 4901. to 4909., 4933., 4935., and
4963. of the Revised Code and this chapter. Nothing in this division
shall be construed to limit the commission's authority under sections
4928.141, 4928.142, and 4928.144 of the Revised Code.

(2)
A competitive retail electric service supplied by an electric
cooperative shall not be subject to supervision and regulation by the
commission under Chapters 4901. to 4909., 4933., 4935., and 4963. of
the Revised Code, except as otherwise expressly provided in sections
4928.01 to 4928.10 and 4928.16 of the Revised Code.

(B)(1)
A noncompetitive retail electric service supplied by an electric
utility shall be subject to supervision and regulation by the
commission under Chapters 4901. to 4909., 4933., 4935., and 4963. of
the Revised Code and this chapter, to the extent that authority is
not preempted by federal law. The commission's authority to enforce
those provisions with respect to a noncompetitive retail electric
service shall be the authority provided under those chapters and this
chapter, to the extent the authority is not preempted by federal law.
Notwithstanding Chapters 4905. and 4909. of the Revised Code,
commission authority under this chapter shall include the authority
to provide for the recovery, through a reconcilable rider on an
electric distribution utility's distribution rates, of all
transmission and transmission-related costs, including ancillary and
congestion costs, imposed on or charged to the utility by the federal
energy regulatory commission or a regional transmission organization,
independent transmission operator, or similar organization approved
by the federal energy regulatory commission.

The
commission shall adopt, for each electric distribution utility that
provides customers with a standard service offer in compliance with
sections 4928.141 and 4928.142 of the Revised Code, a
nonbypassable

bypassable

cost
recovery mechanism relating to transmission, ancillary, congestion,
or any related service required for such standard service offer that
includes provisions for the recovery of any cost of such service that
the electric distribution utility incurs pursuant to the standard
service offer.

(2)
The commission shall exercise its jurisdiction with respect to the
delivery of electricity by an electric utility in this state so as to
ensure that no aspect of the delivery of electricity by the utility
to consumers in this state that consists of a noncompetitive retail
electric service is unregulated.

(3)
A noncompetitive retail electric service supplied by an electric
cooperative shall not be subject to supervision and regulation by the
commission under Chapters 4901. to 4909., 4933., 4935., and 4963. of
the Revised Code, except sections 4933.81 to 4933.90 and 4935.03 of
the Revised Code. The commission's authority to enforce those
excepted sections with respect to a noncompetitive retail electric
service of an electric cooperative shall be such authority as is
provided for their enforcement under Chapters 4933. and 4935. of the
Revised Code.

Sec.
4928.06.
(A)
Beginning on the starting date of competitive retail electric
service, the public utilities commission shall ensure that the policy
specified in section 4928.02 of the Revised Code is effectuated. To
the extent necessary, the commission shall adopt rules to carry out
this chapter. Initial rules necessary for the commencement of the
competitive retail electric service under this chapter shall be
adopted within one hundred eighty days after the effective date of
this section. Except as otherwise provided in this chapter, the
proceedings and orders of the commission under the chapter shall be
subject to and governed by Chapter 4903. of the Revised Code.

(B)
If the commission determines, on or after the starting date of
competitive retail electric service, that there is a decline or loss
of effective competition with respect to a competitive retail
electric service of an electric utility, which service was declared
competitive by commission order issued pursuant to division (A) of
section 4928.04 of the Revised Code, the commission shall ensure that
that service is provided at compensatory, fair, and nondiscriminatory
prices and terms and conditions.

(C)
In addition to its authority under section 4928.04 of the Revised
Code and divisions (A) and (B) of this section, the commission, on an
ongoing basis, shall monitor and evaluate the provision of retail
electric service in this state for the purpose of discerning any
noncompetitive retail electric service that should be available on a
competitive basis on or after the starting date of competitive retail
electric service pursuant to a declaration in the Revised Code, and
for the purpose of discerning any competitive retail electric service
that is no longer subject to effective competition on or after that
date. Upon such evaluation, the commission periodically shall report
its findings and any recommendations for legislation to the standing
committees of both houses of the general assembly that have primary
jurisdiction regarding public utility legislation.
Until
2008, the commission and the consumer's counsel also shall provide
biennial reports to those standing committees, regarding the
effectiveness of competition in the supply of competitive retail
electric services in this state. In addition, until the end of all
market development periods as determined by the commission under
section 4928.40 of the Revised Code, those standing committees shall
meet at least biennially to consider the effect on this state of
electric service restructuring and to receive reports from the
commission, consumers' counsel, and director of development.

(D)
In determining, for purposes of division (B) or (C) of this section,
whether there is effective competition in the provision of a retail
electric service or reasonably available alternatives for that
service, the commission shall consider factors including, but not
limited to, all of the following:

(1)
The number and size of alternative providers of that service;

(2)
The extent to which the service is available from alternative
suppliers in the relevant market;

(3)
The ability of alternative suppliers to make functionally equivalent
or substitute services readily available at competitive prices,
terms, and conditions;

(4)
Other indicators of market power, which may include market share,
growth in market share, ease of entry, and the affiliation of
suppliers of services.

The
burden of proof shall be on any entity requesting, under division (B)
or (C) of this section, a determination by the commission of the
existence of or a lack of effective competition or reasonably
available alternatives.

(E)(1)
Beginning on the starting date of competitive retail electric
service, the commission has authority under Chapters 4901. to 4909.
of the Revised Code, and shall exercise that authority, to resolve
abuses of market power by any electric utility that interfere with
effective competition in the provision of retail electric service.

(2)
In addition to the commission's authority under division (E)(1) of
this section, the commission, beginning the first year after the
market development period of a particular electric utility and after
reasonable notice and opportunity for hearing, may take such measures
within a transmission constrained area in the utility's certified
territory as are necessary to ensure that retail electric generation
service is provided at reasonable rates within that area. The
commission may exercise this authority only upon findings that an
electric utility is or has engaged in the abuse of market power and
that that abuse is not adequately mitigated by rules and practices of
any independent transmission entity controlling the transmission
facilities. Any such measure shall be taken only to the extent
necessary to protect customers in the area from the particular abuse
of market power and to the extent the commission's authority is not
preempted by federal law. The measure shall remain in effect until
the commission, after reasonable notice and opportunity for hearing,
determines that the particular abuse of market power has been
mitigated.

(F)
An electric utility, electric services company, electric cooperative,
or governmental aggregator subject to certification under section
4928.08 of the Revised Code shall provide the commission with such
information, regarding a competitive retail electric service for
which it is subject to certification, as the commission considers
necessary to carry out this chapter. An electric utility shall
provide the commission with such information as the commission
considers necessary to carry out divisions (B) to (E) of this
section. The commission shall take such measures as it considers
necessary to protect the confidentiality of any such information.

The
commission shall require each electric utility to file with the
commission on and after the starting date of competitive retail
electric service an annual report of its intrastate gross receipts
and sales of kilowatt hours of electricity, and shall require each
electric services company, electric cooperative, and governmental
aggregator subject to certification to file an annual report on and
after that starting date of such receipts and sales from the
provision of those retail electric services for which it is subject
to certification. For the purpose of the reports, sales of kilowatt
hours of electricity are deemed to occur at the meter of the retail
customer.

Sec.
4928.102.
(A)
If a competitive retail electric service supplier offers a
residential or small commercial customer a contract for a fixed
introductory rate that converts to a variable rate upon the
expiration of the fixed rate, the supplier shall send two notices to
each residential and small commercial customer that enters into such
a contract. Each notice shall provide all of the following
information to the customer:

(1)
The fixed rate that is expiring under the contract;

(2)
The expiration date of the contract's fixed rate;

(3)
The public utilities commission web site that, as a comparison tool,
lists rates offered by competitive retail electric service suppliers;

(4)
A statement explaining that appearing on each customer's bill is a
price-to-compare notice that lists the utility's standard service
offer price.

(B)
The second notice shall include all the requirements as stated in
division (A) of this section and shall also identify the initial rate
to be charged upon the contract's conversion to a variable rate.

(C)
The notices shall be sent by standard United States mail or
electronically with a customer's verifiable consent as follows:

(1)
The supplier shall send the first notice not earlier than ninety
days, and not later than sixty days, prior to the expiration of the
fixed rate.

(2)
The supplier shall send the second notice not earlier than forty-five
days, and not later than fifteen days, prior to the expiration of the
fixed rate.

(D)
A competitive retail electric service supplier shall provide an
annual notice, by standard United States mail or electronically with
a customer's verifiable consent, to each residential and small
commercial customer that has entered into a contract with the
supplier that has converted to a variable rate upon the expiration of
the contract's fixed introductory rate. The notice shall inform the
customer that the customer is currently subject to a variable rate
and that other fixed rate contracts are available.

(E)
Not later than one hundred fifty days after
the
effective date of this section
August
14, 2025
,
the commission shall adopt rules in order to implement divisions (A)
to (D) of this section. The rules, at a minimum, shall include the
following requirements regarding the notices required under divisions
(A) to (D) of this section:

(1)
To use clear and unambiguous language in order to enable the customer
to make an informed decision;

(2)
To design the notices in a way to ensure that they cannot be confused
with marketing materials.

(F)
Notwithstanding any provision of section 121.95 of the Revised Code
to the contrary, a regulatory restriction contained in a rule adopted
under
this

section

4928.101
of the Revised Code
is
not subject to sections 121.95 to 121.953 of the Revised Code.

Sec.
4928.34.
(A)
The public utilities commission shall not approve or prescribe a
transition plan under division (A) or (B) of section 4928.33 of the
Revised Code unless the commission first makes all of the following
determinations:

(1)
The unbundled components for the electric transmission component of
retail electric service, as specified in the utility's rate
unbundling plan required by division (A)(1) of section 4928.31 of the
Revised Code, equal the tariff rates determined by the federal energy
regulatory commission that are in effect on the date of the approval
of the transition plan under sections 4928.31 to 4928.40 of the
Revised Code, as each such rate is determined applicable to each
particular customer class and rate schedule by the commission. The
unbundled transmission component shall include a sliding scale of
charges under division (B) of section 4905.31 of the Revised Code to
ensure that refunds determined or approved by the federal energy
regulatory commission are flowed through to retail electric
customers.

(2)
The unbundled components for retail electric distribution service in
the rate unbundling plan equal the difference between the costs
attributable to the utility's transmission and distribution rates and
charges under its schedule of rates and charges in effect on the
effective date of this section, based upon the record in the most
recent rate proceeding of the utility for which the utility's
schedule was established, and the tariff rates for electric
transmission service determined by the federal energy regulatory
commission as described in division (A)(1) of this section.

(3)
All other unbundled components required by the commission in the rate
unbundling plan equal the costs attributable to the particular
service as reflected in the utility's schedule of rates and charges
in effect on the effective date of this section.

(4)
The unbundled components for retail electric generation service in
the rate unbundling plan equal the residual amount remaining after
the determination of the transmission, distribution, and other
unbundled components, and after any adjustments necessary to reflect
the effects of the amendment of section 5727.111 of the Revised Code
by Sub. S.B. No. 3 of the 123rd general assembly.

(5)
All unbundled components in the rate unbundling plan have been
adjusted to reflect any base rate reductions on file with the
commission and as scheduled to be in effect by December 31, 2005,
under rate settlements in effect on the effective date of this
section. However, all earnings obligations, restrictions, or caps
imposed on an electric utility in a commission order prior to the
effective date of this section are void.

(6)
Subject to division (A)(5) of this section, the total of all
unbundled components in the rate unbundling plan are capped and shall
equal during the market development period, except as specifically
provided in this chapter, the total of all rates and charges in
effect under the applicable bundled schedule of the electric utility
pursuant to section 4905.30 of the Revised Code in effect on the day
before the effective date of this section, including the transition
charge determined under section 4928.40 of the Revised Code, adjusted
for any changes in the taxation of electric utilities and retail
electric service under Sub. S.B. No. 3 of the 123rd General Assembly
,

and

the

universal
service
percentage
of income payment plan
rider
authorized by section
4928.51

4928.52

of
the Revised Code
,
and the temporary rider authorized by section 4928.61 of the Revised
Code
.
For the purpose of this division, the rate cap applicable to a
customer receiving electric service pursuant to an arrangement
approved by the commission under section 4905.31 of the Revised Code
is, for the term of the arrangement, the total of all rates and
charges in effect under the arrangement. For any rate schedule filed
pursuant to section 4905.30 of the Revised Code or any arrangement
subject to approval pursuant to section 4905.31 of the Revised Code,
the initial tax-related adjustment to the rate cap required by this
division shall be equal to the rate of taxation specified in section
5727.81 of the Revised Code and applicable to the schedule or
arrangement. To the extent such total annual amount of the
tax-related adjustment is greater than or less than the comparable
amount of the total annual tax reduction experienced by the electric
utility as a result of the provisions of Sub. S.B. No. 3 of the 123rd
general assembly, such difference shall be addressed by the
commission through accounting procedures, refunds, or an annual
surcharge or credit to customers, or through other appropriate means,
to avoid placing the financial responsibility for the difference upon
the electric utility or its shareholders. Any adjustments in the rate
of taxation specified in section 5727.81 of the Revised Code shall
not occur without a corresponding adjustment to the rate cap for each
such rate schedule or arrangement. The department of taxation shall
advise the commission and self-assessors under section 5727.81 of the
Revised Code prior to the effective date of any change in the rate of
taxation specified under that section, and the commission shall
modify the rate cap to reflect that adjustment so that the rate cap
adjustment is effective as of the effective date of the change in the
rate of taxation. This division shall be applied, to the extent
possible, to eliminate any increase in the price of electricity for
customers that otherwise may occur as a result of establishing the
taxes contemplated in section 5727.81 of the Revised Code.

(7)
The rate unbundling plan complies with any rules adopted by the
commission under division (A) of section 4928.06 of the Revised Code.

(8)
The corporate separation plan required by division (A)(2) of section
4928.31 of the Revised Code complies with section 4928.17 of the
Revised Code and any rules adopted by the commission under division
(A) of section 4928.06 of the Revised Code.

(9)
Any plan or plans the commission requires to address operational
support systems and any other technical implementation issues
pertaining to competitive retail electric service comply with any
rules adopted by the commission under division (A) of section 4928.06
of the Revised Code.

(10)
The employee assistance plan required by division (A)(4) of section
4928.31 of the Revised Code sufficiently provides severance,
retraining, early retirement, retention, outplacement, and other
assistance for the utility's employees whose employment is affected
by electric industry restructuring under this chapter.

(11)
The consumer education plan required under division (A)(5) of section
4928.31 of the Revised Code complies with former section 4928.42 of
the Revised Code and any rules adopted by the commission under
division (A) of section 4928.06 of the Revised Code.

(12)
The transition revenues for which an electric utility is authorized a
revenue opportunity under sections 4928.31 to 4928.40 of the Revised
Code are the allowable transition costs of the utility as such costs
are determined by the commission pursuant to section 4928.39 of the
Revised Code, and the transition charges for the customer classes and
rate schedules of the utility are the charges determined pursuant to
section 4928.40 of the Revised Code.

(13)
Any independent transmission plan included in the transition plan
filed under section 4928.31 of the Revised Code reasonably complies
with section 4928.12 of the Revised Code and any rules adopted by the
commission under division (A) of section 4928.06 of the Revised Code,
unless the commission, for good cause shown, authorizes the utility
to defer compliance until an order is issued under division (G) of
section 4928.35 of the Revised Code.

(14)
The utility is in compliance with sections 4928.01 to 4928.11 of the
Revised Code and any rules or orders of the commission adopted or
issued under those sections.

(15)
All unbundled components in the rate unbundling plan have been
adjusted to reflect the elimination of the tax on gross receipts
imposed by section 5727.30 of the Revised Code.

In
addition, a transition plan approved by the commission under section
4928.33 of the Revised Code but not containing an approved
independent transmission plan shall contain the express conditions
that the utility will comply with an order issued under division (G)
of section 4928.35 of the Revised Code.

(B)
If the commission finds that any part of the transition plan would
constitute an abandonment under sections 4905.20 and 4905.21 of the
Revised Code, the commission shall not approve that part of the
transition plan unless it makes the finding required for approval of
an abandonment application under section 4905.21 of the Revised Code.
Sections 4905.20 and 4905.21 of the Revised Code otherwise shall not
apply to a transition plan under sections 4928.31 to 4928.40 of the
Revised Code.

Sec.
4928.43.
(A)
Each state agency that provides employment assistance and job
training programs, including the
bureau
of employment
department
of job and family
services

and
the department of development
,
shall provide concentrated attention through those programs to
assisting employees whose employment is affected by electric industry
restructuring under this chapter.

(B)
To the extent not prohibited by federal law or any law of this state
and except as otherwise provided in a labor contract or other
agreement, no unencumbered money in a pension fund for employees of
electric utilities shall be used for any purpose other than to pay
allowable pensions or early retirement buyouts for the employees.

Sec.
4928.51.
(A)

There
is hereby established in the state treasury
a
universal service
the
electric partnership plan
fund,
into which shall be deposited all
universal
service
revenues
remitted to the director of
development

job
and family services
under
this section, for the exclusive purposes of providing funding for the
low-income customer assistance programs

and
for the consumer education program authorized under section 4928.56
of the Revised Code,
and
paying the administrative costs of the low-income customer assistance
programs and the consumer education program. Interest on the fund
shall be credited to the fund. Disbursements from the fund shall be
made to any supplier that provides a competitive retail electric
service or a noncompetitive retail electric service to a customer who
is approved to receive assistance under a specified low-income
customer assistance program and to any authorized provider of
weatherization or energy efficiency service to a customer approved to
receive such assistance under a specified low-income customer
assistance program.

(B)
Universal service revenues
Revenues
deposited in the electric partnership plan fund
shall
include all
of
the following:

(1)
Revenues
revenues

remitted
to the director after collection by an electric distribution utility

beginning
July 1, 2000,

attributable
to the collection from customers of the universal service rider
prescribed under
pursuant
to division (C) of
section
4928.52 of the Revised Code
;

(2)
Revenues remitted to the director that have been collected by an
electric distribution utility beginning July 1, 2000, as customer
payments under the percentage of income payment plan program,
including revenues remitted under division (C) of this section;

(3)
Adequate revenues remitted to the director after collection by a
municipal electric utility or electric cooperative in this state not
earlier than July 1, 2000, upon the utility's or cooperative's
decision to participate in the low-income customer assistance
programs.

(C)(1)
Beginning July 1, 2000, an electric distribution utility shall
transfer to the director the right to collect all arrearage payments
of a customer for percentage of income payment plan program debt owed
to the utility on the day before that date or retain the right to
collect that debt but remit to the director all program revenues
received by the utility for that customer.

(2)
A current or past percentage of income payment plan program customer
is relieved of any payment obligation under the percentage of income
payment program for any unpaid arrears accrued by the customer under
the program as of the effective date of this section if the customer,
as determined by the director, meets both of the following criteria:

(a)
The customer as of that date has complied with customer payment
responsibilities under the program.

(b)
The customer is permanently and totally disabled as defined in
section 5117.01 of the Revised Code or is sixty-five years of age or
older as defined in that section.

(D)
The public utilities commission shall complete an audit of each
electric utility by July 1, 2000, for the purpose of establishing a
baseline for the percentage of income payment plan program component
of the low-income assistance programs
.

Sec.
4928.52.
(A)
Beginning
July

January

1,

2000,
the
2026,
the percentage of income payment plan rider shall replace, for each
electric distribution utility, the
universal
service rider
shall
replace the percentage of income payment plan rider
in
existence on the effective date of
the
amendment of
this
section

and
any amount in the rates of an electric utility for the funding of
low-income customer energy efficiency programs
by
this act
.
The
universal
service
percentage
of income payment plan
rider
shall be a rider on retail electric distribution service rates as
such rates are determined by the public utilities commission pursuant
to this chapter. The
universal
service
percentage
of income payment plan
rider

for
the first five years after the starting date of competitive retail
electric service
shall

be
the sum of all of
recover

the
following:

(1)
The
level
of
prudently
incurred costs of providing
the
percentage of income payment plan program
rider
in existence on the effective date of this section
for
each electric distribution utility
;

(2)

An
amount equal to the level of funding for low-income customer energy
efficiency programs provided through electric utility rates in effect
on the effective date of this section
The
total of the electric distribution utilities' allocated shares, as
determined by the public utilities commission, under division (B)(1)
of this section
;

(3)
Any additional amount necessary and sufficient to fund through the

universal
service
percentage
of income payment plan
rider
the administrative costs of the low-income customer assistance
programs

and
the consumer education program created in section 4928.56 of the
Revised Code
.

(B)
(B)(1)

If,
during or after the five-year period specified in division (A) of
this section, the director of development, after consultation with
the public benefits advisory board created under section 4928.58 of
the Revised Code, determines that revenues in the universal service
fund and revenues from federal or other sources of funding for those
programs, including general revenue fund appropriations for the Ohio
energy credit program, will be insufficient to cover the
administrative costs of the low-income customer assistance programs
and the consumer education program and provide adequate funding for
those programs, the director shall file a petition with the
commission for an increase in the universal service rider. The
commission, after reasonable notice and opportunity for hearing, may
adjust the universal service rider by the minimum amount necessary to
provide the additional revenues.
The
commission shall
not
decrease the universal service rider without the approval of the
director, after consultation by the director with the advisory
board
allocate
to each electric distribution utility a share of the funding for
low-income customer assistance programs administered by the director
of job and family services according to each electric distribution
utility's annual distribution service revenues.

(2)
Each electric distribution utility's allocation determined under
division (B)(1) of this section shall include a separately designated
allocation equal to the electric distribution utility's share of an
amount not to exceed fifteen million dollars annually for funding the
consumer education program administered by the department of job and
family services under section 4928.56 of the Revised Code.

(C)
On the thirtieth day of June of each year, each electric distribution
utility shall remit to the department for deposit in the electric
partnership plan fund the utility's share of the following:

(1)
The utility's allocation determined under division (B)(2) of this
section for funding the consumer education program administered by
the department of job and family services under section 4928.56 of
the Revised Code;

(2)
The costs under division (A)(3) of this section for the
administration of the low-income customer assistance programs
administered by the director
.

(C)
(D)

The
universal
service
percentage
of income payment plan
rider
established under
division
(A) or (B) of
this
section shall be set in such a manner so as not to shift among the
customer classes of electric distribution utilities the costs of
funding low-income customer assistance programs.

Sec.
4928.53.
(A)
Beginning July 1,
2000
2026
,
the director of
development
is hereby authorized to
job
and family services shall
administer
the low-income customer assistance programs
,
except for the percentage of income payment plan rider established
under section 4928.52 of the Revised Code
.

For
that purpose, the public utilities commission shall cooperate with
and provide such assistance as the director requires for
administration of the low-income customer assistance programs.
The
director shall consolidate the administration of and redesign and
coordinate the operations of
those

the
low-income customer assistance
programs
within the department to provide, to the maximum extent possible, for
efficient program administration and a one-stop application and
eligibility determination process at the local level for consumers.

(B)(1)

Not
later than March 1, 2000, the
The

director,
in accordance with Chapter 119. of the Revised Code, shall adopt
rules to carry out sections 4928.51 to 4928.58 of the Revised Code
and ensure the effective and efficient administration and operation
of the low-income customer assistance programs.
The
rules shall take effect on July 1, 2000.

(2)
The director's authority to adopt rules under this division for the
Ohio energy credit program shall be subject to such rule-making
authority as is conferred on the director
of
development
by
sections 5117.01 to 5117.12 of the Revised Code, as amended by Sub.
S.B. No. 3 of the 123rd general assembly, except that rules initially
adopted by the director
of
development
for
the Ohio energy credit program shall incorporate the substance of
those sections as they exist on the effective date of this section.

(3)

The
director's
Under
the director of job and family service's
authority
to adopt rules under this
division

section,
the director may adopt rules
for
the percentage of income payment plan program

shall
include authority to adopt
,
including

rules prescribing criteria for customer eligibility and policies
regarding payment and crediting arrangements and responsibilities
,

and

procedures for verifying customer eligibility
,
procedures for disbursing public funds to suppliers and otherwise
administering funds under the director's jurisdiction, and
requirements as to timely remittances of revenues described in
division (B) of section 4928.51 of the Revised Code
.
The rules shall prohibit the imposition of a waiting period before
enrolling an eligible customer in the percentage of income payment
plan.
The
director's authority in division (B)(3) of this section excludes
authority to prescribe service disconnection and customer billing
policies and procedures and to address complaints against suppliers
under the percentage of payment plan program, which excluded
authority shall be exercised by the public utilities commission, in
coordination with the director.
Rules
adopted by the director under this division for the percentage of
income payment plan program shall specify a level of payment
responsibility to be borne by an eligible customer based on a
percentage of the customer's income.

Rules
initially adopted by the director for the percentage of income
payment plan program shall incorporate the eligibility criteria and
payment arrangement and responsibility policies set forth in rule
4901:1-18-04(B) of the Ohio Administrative Code in effect on the
effective date of this section.

Sec.
4928.54.
The

director
of development services
public
utilities commission
shall
aggregate percentage of income payment plan program customers for the
purpose of establishing a competitive procurement process for the
supply of competitive retail electric service for those customers.
The process shall be an auction. Only bidders certified under section
4928.08 of the Revised Code may participate in the auction.

Sec.
4928.542.
The
winning bid or bids selected through the competitive procurement
process established under section 4928.54 of the Revised Code shall
meet all of the following requirements:

(A)
Be designed to provide reliable competitive retail electric service
to percentage of income payment plan program customers;

(B)
Reduce the cost of the percentage of income payment plan program
relative to the otherwise applicable standard service offer
established under sections 4928.141 and 4928.142 of the Revised Code;

(C)
Result in the best value for persons paying the
universal
service
percentage
of income payment plan
rider
under section 4928.52 of the Revised Code.

Sec.
4928.543.
The

director
of development services
public
utilities commission
shall
adopt rules
in
accordance with Chapter 119. of the Revised Code
to
implement sections 4928.54, 4928.541, and 4928.542 of the Revised
Code. The rules shall ensure a fair and unbiased auction process and
the performance of the winning bidder or bidders.

Sec.
4928.544.
(A)

For
the purpose of facilitating compliance with sections 4928.54,
4928.541, and 4928.542 of the Revised Code,
and
upon written request by the director of development services,
the
public utilities commission shall design, manage, and supervise the
competitive procurement process required by section 4928.54 of the
Revised Code. To the extent reasonably possible, and to minimize
costs, the process may be designed based on any existing competitive
procurement process for the establishment of the default generation
supply price for electric distribution utilities.

This

division

section

does
not preclude a process design that is based on a competitive
procurement process that applies to the combined certified
territories of electric distribution utilities subject to common
ownership.

(B)
The director of development services shall reimburse the commission
for its costs incurred under division (A) of this section. The
reimbursements constitute administrative costs of the low-income
customer assistance programs for the purpose of division (A) of
section 4928.51 of the Revised Code.

Sec.
4928.545.
The
public utilities commission shall administer the percentage of income
payment plan rider established under section 4928.52 of the Revised
Code, including by performing periodic audits of each electric
distribution utility's percentage of income payment plan rider.

The
commission shall adopt rules for the administration of the percentage
of income payment plan rider and shall cooperate with, and provide
such assistance to, the director of job and family services as the
director requires for administration of the low-income customer
assistance programs.

Sec.
4928.55.
The
director of
development

job
and family
services
shall establish an energy efficiency and weatherization program
targeted, to the extent practicable, to high-cost, high-volume use
structures occupied by customers eligible for the percentage of
income payment plan program, with the goal of reducing the energy
bills of the occupants. Acceptance of energy efficiency and
weatherization services provided by the program shall be a condition
for the eligibility of any such customer to participate in the
percentage of income payment plan program.

Sec.
4928.56.
The
director of
development

job
and family services
may
adopt rules in accordance with Chapter 119. of the Revised Code
establishing an education program for consumers eligible to
participate in the low-income customer assistance programs. The
education program shall provide information to consumers regarding
energy efficiency and energy conservation.

Sec.
4928.58.
(A)
There is hereby created the public benefits advisory board, which has
the purpose of ensuring that energy services be provided to
low-income consumers in this state in an affordable manner consistent
with the policy specified in section 4928.02 of the Revised Code. The
advisory board shall consist of twenty-one members as follows: the
director of
development
job
and family services
,
the chairperson of the public utilities commission, the consumers'
counsel, and the director of the air quality development authority,
each serving ex officio and represented by a designee at the
official's discretion; two members of the house of representatives
appointed by the speaker of the house of representatives, neither of
the same political party, and two members of the senate appointed by
the president of the senate, neither of the same political party; and
thirteen members appointed by the governor with the advice and
consent of the senate, consisting of one representative of suppliers
of competitive retail electric service; one representative of the
residential class of electric utility customers; one representative
of the industrial class of electric utility customers; one
representative of the commercial class of electric utility customers;
one representative of agricultural or rural customers of an electric
utility; two customers receiving assistance under one or more of the
low-income customer assistance programs, to represent customers
eligible for any such assistance, including senior citizens; one
representative of the general public; one representative of local
intake agencies; one representative of a community-based organization
serving low-income customers; one representative of environmental
protection interests; one representative of lending institutions; and
one person considered an expert in energy efficiency or renewables
technology. Initial appointments shall be made not later than
November 1, 1999.

(B)
Initial terms of six of the appointed members shall end on June 30,
2003, and initial terms of the remaining seven appointed members
shall end on June 30, 2004. Thereafter, terms of appointed members
shall be for three years, with each term ending on the same day of
the same month as the term it succeeds. Each member shall hold office
from the date of the member's appointment until the end of the term
for which the member was appointed. Members may be reappointed.

Vacancies
shall be filled in the manner provided for original appointments. Any
member appointed to fill a vacancy occurring prior to the expiration
date of the term for which the member's predecessor was appointed
shall hold office as a member for the remainder of that term. A
member shall continue in office after the expiration date of the
member's term until the member's successor takes office or until a
period of sixty days has elapsed, whichever occurs first.

(C)
Board members shall be reimbursed for their actual and necessary
expenses incurred in the performance of board duties. The
reimbursements constitute, as applicable, administrative costs of the
low-income customer assistance programs for the purpose of
division
(A) of section
sections

4928.51

and
4928.52
of
the Revised Code

or
administrative costs of the advanced energy program for the purpose
of division (A) of section 4528.61 of the Revised Code
.

(D)
The advisory board shall select a chairperson from among its members.
Only board members appointed by the governor with the advice and
consent of the senate shall be voting members of the board; each
shall have one vote in all deliberations of the board. A majority of
the voting members constitute a quorum.

(E)
The
duties
of the
advisory
board shall
be
as follows:

(1)
Advise
advise

the
director
of
job and family services
in
the administration of
the
universal service fund and
the
low-income customer assistance programs

and
advise the director on the director's recommendation to the
commission regarding the appropriate level of the universal service
rider;

(2)
Advise the director on the administration of the advanced energy
program and the advanced energy fund under sections 4928.61 to
4928.63 of the Revised Code
.

(F)
The advisory board is not an agency for purposes of sections 101.82
to 101.87 of the Revised Code.

Sec.
4928.61.
(A)
There is hereby established in the state treasury the advanced energy
fund, into which shall be deposited all advanced energy revenues
remitted to the director of development under division (B) of this
section, for the exclusive purposes of funding the advanced energy
program created under section 4928.62 of the Revised Code and paying
the program's administrative costs. Interest on the fund shall be
credited to the fund.

(B)
Advanced energy revenues shall include all of the following:

(1)

Revenues
remitted to the director after collection by each electric
distribution utility in this state of a temporary rider on retail
electric distribution service rates as such rates are determined by
the public utilities commission pursuant to this chapter. The rider
shall be a uniform amount statewide, determined by the director of
development, after consultation with the public benefits advisory
board created by section 4928.58 of the Revised Code. The amount
shall be determined by dividing an aggregate revenue target for a
given year as determined by the director, after consultation with the
advisory board, by the number of customers of electric distribution
utilities in this state in the prior year. Such aggregate revenue
target shall not exceed more than fifteen million dollars in any year
through 2005 and shall not exceed more than five million dollars in
any year after 2005. The rider shall be imposed beginning on the
effective date of the amendment of this section by Sub. H.B. 251 of
the 126th general assembly, January 4, 2007, and shall terminate at
the end of ten years following the starting date of competitive
retail electric service or until the advanced energy fund, including
interest, reaches one hundred million dollars, whichever is first.

(2)

Revenues
from payments, repayments, and collections under the advanced energy
program and from program income;

(3)

(2)

Revenues
remitted to the director after collection by a municipal electric
utility or electric cooperative in this state upon the utility's or
cooperative's decision to participate in the advanced energy fund;

(4)

(3)

Revenues
from renewable energy compliance payments as provided under division
(C)(2) of section 4928.64 of the Revised Code;

(5)

(4)

Revenue
from forfeitures under division (C) of section 4928.66 of the Revised
Code;

(6)

(5)

Funds
transferred pursuant to division (B) of Section 512.10 of S.B. 315 of
the 129th general assembly;

(7)

(6)

Interest
earnings on the advanced energy fund.

(C)(1)
Each electric distribution utility in this state shall remit to the
director on a quarterly basis the revenues described in divisions
(B)(1) and (2) of this section. Such remittances shall occur within
thirty days after the end of each calendar quarter.

(2)
Each participating electric cooperative and participating municipal
electric utility shall remit to the director on a quarterly basis the
revenues described in division (B)(3) of this section. Such
remittances shall occur within thirty days after the end of each
calendar quarter. For the purpose of division (B)(3) of this section,
the participation of an electric cooperative or municipal electric
utility in the energy efficiency revolving loan program as it existed
immediately prior to the effective date of the amendment of this
section by Sub. H.B. 251 of the 126th general assembly, January 4,
2007, does not constitute a decision to participate in the advanced
energy fund under this section as so amended.

(3)
All remittances under divisions (C)(1) and (2) of this section shall
continue only until the end of ten years following the starting date
of competitive retail electric service or until the advanced energy
fund, including interest, reaches one hundred million dollars,
whichever is first.

(D)
Any moneys collected in rates for non-low-income customer energy
efficiency programs, as of October 5, 1999, and not contributed to
the energy efficiency revolving loan fund authorized under this
section prior to the effective date of its amendment by Sub. H.B. 251
of the 126th general assembly, January 4, 2007, shall be used to
continue to fund cost-effective, residential energy efficiency
programs, be contributed into the universal service fund as a
supplement to that required under section 4928.53 of the Revised
Code, or be returned to ratepayers in the form of a rate reduction at
the option of the affected electric distribution utility.

Sec.
4928.62.
(A)
There is hereby created the advanced energy program, which shall be
administered by the director of development. Under the program, the
director may authorize the use of moneys in the advanced energy fund
for financial, technical, and related assistance for advanced energy
projects in this state or for economic development assistance, in
furtherance of the purposes set forth in section 4928.63 of the
Revised Code.

(1)
To the extent feasible given approved applications for assistance,
the assistance shall be distributed among the certified territories
of electric distribution utilities and participating electric
cooperatives, and among the service areas of participating municipal
electric utilities, in amounts proportionate to the remittances of
each utility and cooperative under
divisions
(B)(1) and (3)
division
(B)(2)

of section 4928.61 of the Revised Code.

(2)
The funds described in division
(B)(6)
(B)(5)

of section 4928.61 of the Revised Code shall not be subject to the
territorial requirements of division (A)(1) of this section.

(3)
The director shall not authorize financial assistance for an advanced
energy project under the program unless the director first determines
that the project will create new jobs or preserve existing jobs in
this state or use innovative technologies or materials.

(B)
In carrying out sections 4928.61 to 4928.63 of the Revised Code, the
director may do all of the following to further the public interest
in advanced energy projects and economic development:

(1)
Award grants, contracts, loans, loan participation agreements, linked
deposits, and energy production incentives;

(2)
Acquire in the name of the director any property of any kind or
character in accordance with this section, by purchase, purchase at
foreclosure, or exchange, on such terms and in such manner as the
director considers proper;

(3)
Make and enter into all contracts and agreements necessary or
incidental to the performance of the director's duties and the
exercise of the director's powers under sections 4928.61 to 4928.63
of the Revised Code;

(4)
Employ or enter into contracts with financial consultants, marketing
consultants, consulting engineers, architects, managers, construction
experts, attorneys, technical monitors, energy evaluators, or other
employees or agents as the director considers necessary, and fix
their compensation;

(5)
Adopt rules prescribing the application procedures for financial
assistance under the advanced energy program; the fees, charges,
interest rates, payment schedules, local match requirements, and
other terms and conditions of any grants, contracts, loans, loan
participation agreements, linked deposits, and energy production
incentives; criteria pertaining to the eligibility of participating
lending institutions; and any other matters necessary for the
implementation of the program;

(6)
Do all things necessary and appropriate for the operation of the
program.

(C)
The department of development may hold ownership to any unclaimed
energy efficiency and renewable energy emission allowances provided
for in Chapter 3745-14 of the Administrative Code or otherwise, that
result from advanced energy projects that receive funding from the
advanced energy fund, and it may use the allowances to further the
public interest in advanced energy projects or for economic
development.

(D)
Financial statements, financial data, and trade secrets submitted to
or received by the director from an applicant or recipient of
financial assistance under sections 4928.61 to 4928.63 of the Revised
Code, or any information taken from those statements, data, or trade
secrets for any purpose, are not public records for the purpose of
section 149.43 of the Revised Code.

(E)
Nothing in the amendments of sections 4928.61, 4928.62, and 4928.63
of the Revised Code by Sub. H.B. 251 of the 126th general assembly
shall affect any pending or effected assistance, pending or effected
purchases or exchanges of property made, or pending or effected
contracts or agreements entered into pursuant to division (A) or (B)
of this section as the section existed prior to the effective date of
those amendments, January 4, 2007, or shall affect the exemption
provided under division (C) of this section as the section existed
prior to that effective date.

(F)
Any assistance a school district receives for an advanced energy
project, including a geothermal heating, ventilating, and air
conditioning system, shall be in addition to any assistance provided
under Chapter 3318. of the Revised Code and shall not be included as
part of the district or state portion of the basic project cost under
that chapter.

Sec.
4928.63.
The
director of development
and
the public benefits advisory board have
has

the
powers and duties provided in sections 4928.61 and 4928.62 of the
Revised Code, in order to promote the welfare of the people of this
state; stabilize the economy; assist in the improvement and
development within this state of not-for-profit entity, industrial,
commercial, distribution, residential, and research buildings and
activities required for the people of this state; improve the
economic welfare of the people of this state by reducing energy costs
and by reducing energy usage in a cost-efficient manner using, as
determined by the director, both the most appropriate national,
federal, or other standards for products and the best practices for
the use of technology, products, or services in the context of a
total facility or building; and assist in the lowering of energy
demand to reduce air, water, or thermal pollution. It is hereby
determined that the accomplishment of those purposes is essential so
that the people of this state may maintain their present high
standards in comparison with the people of other states and so that
opportunities for improving the economic welfare of the people of
this state, for improving the housing of residents of this state, and
for favorable markets for the products of this state's natural
resources, agriculture, and manufacturing shall be improved; and that
it is necessary for this state to establish the program authorized
pursuant to sections 4928.61 and 4928.62 of the Revised Code.

Sec.
4928.66.
(A)(1)(a)
Beginning in 2009, an electric distribution utility shall implement
energy efficiency programs that achieve energy savings equivalent to
at least three-tenths of one per cent of the total, annual average,
and normalized kilowatt-hour sales of the electric distribution
utility during the preceding three calendar years to customers in
this state. An energy efficiency program may include a combined heat
and power system placed into service or retrofitted on or after the
effective date of the amendment of this section by S.B. 315 of the
129th general assembly, September 10, 2012, or a waste energy
recovery system placed into service or retrofitted on or after
September 10, 2012, except that a waste energy recovery system
described in division (A)(38)(b) of section 4928.01 of the Revised
Code may be included only if it was placed into service between
January 1, 2002, and December 31, 2004. For a waste energy recovery
or combined heat and power system, the savings shall be as estimated
by the public utilities commission. The savings requirement, using
such a three-year average, shall increase to an additional
five-tenths of one per cent in 2010, seven-tenths of one per cent in
2011, eight-tenths of one per cent in 2012, nine-tenths of one per
cent in 2013, and one per cent in 2014. In 2015 and 2016, an electric
distribution utility shall achieve energy savings equal to the result
of subtracting the cumulative energy savings achieved since 2009 from
the product of multiplying the baseline for energy savings, described
in division (A)(2)(a) of this section, by four and two-tenths of one
per cent. If the result is zero or less for the year for which the
calculation is being made, the utility shall not be required to
achieve additional energy savings for that year, but may achieve
additional energy savings for that year. The annual savings
requirements shall be, for years 2017, 2018, 2019, and 2020, an
additional one per cent of the baseline. For purposes of a waste
energy recovery or combined heat and power system, an electric
distribution utility shall not apply more than the total annual
percentage of the electric distribution utility's industrial-customer
load, relative to the electric distribution utility's total load, to
the annual energy savings requirement.

(b)
Beginning in 2009, an electric distribution utility shall implement
peak demand reduction programs designed to achieve a one per cent
reduction in peak demand in 2009 and an additional seventy-five
hundredths of one per cent reduction each year through 2014. In 2015
and 2016, an electric distribution utility shall achieve a reduction
in peak demand equal to the result of subtracting the cumulative peak
demand reductions achieved since 2009 from the product of multiplying
the baseline for peak demand reduction, described in division
(A)(2)(a) of this section, by four and seventy-five hundredths of one
per cent. If the result is zero or less for the year for which the
calculation is being made, the utility shall not be required to
achieve an additional reduction in peak demand for that year, but may
achieve an additional reduction in peak demand for that year. In 2017
and each year thereafter through 2020, the utility shall achieve an
additional seventy-five hundredths of one per cent reduction in peak
demand.

(2)
For the purposes of divisions (A)(1)(a) and (b) of this section:

(a)
The baseline for energy savings under division (A)(1)(a) of this
section shall be the average of the total kilowatt hours the electric
distribution utility sold in the preceding three calendar years. The
baseline for a peak demand reduction under division (A)(1)(b) of this
section shall be the average peak demand on the utility in the
preceding three calendar years, except that the commission may reduce
either baseline to adjust for new economic growth in the utility's
certified territory. Neither baseline shall include the load and
usage of any of the following customers:

(i)
Beginning January 1, 2017, a customer for which a reasonable
arrangement has been approved under section 4905.31 of the Revised
Code;

(ii)
A customer that has opted out of the utility's portfolio plan under
section 4928.6611 of the Revised Code;

(iii)
A customer that has opted out of the utility's portfolio plan under
Section 8 of S.B. 310 of the 130th general assembly.

(b)
The commission may amend the benchmarks set forth in division
(A)(1)(a) or (b) of this section if, after application by the
electric distribution utility, the commission determines that the
amendment is necessary because the utility cannot reasonably achieve
the benchmarks due to regulatory, economic, or technological reasons
beyond its reasonable control.

(c)
Compliance with divisions (A)(1)(a) and (b) of this section shall be
measured by including the effects of all demand-response programs for
mercantile customers of the subject electric distribution utility,
all waste energy recovery systems and all combined heat and power
systems, and all such mercantile customer-sited energy efficiency,
including waste energy recovery and combined heat and power, and peak
demand reduction programs, adjusted upward by the appropriate loss
factors. Any mechanism designed to recover the cost of energy
efficiency, including waste energy recovery and combined heat and
power, and peak demand reduction programs under divisions (A)(1)(a)
and (b) of this section may exempt mercantile customers that commit
their demand-response or other customer-sited capabilities, whether
existing or new, for integration into the electric distribution
utility's demand-response, energy efficiency, including waste energy
recovery and combined heat and power, or peak demand reduction
programs, if the commission determines that that exemption reasonably
encourages such customers to commit those capabilities to those
programs. If a mercantile customer makes such existing or new
demand-response, energy efficiency, including waste energy recovery
and combined heat and power, or peak demand reduction capability
available to an electric distribution utility pursuant to division
(A)(2)(c) of this section, the electric utility's baseline under
division (A)(2)(a) of this section shall be adjusted to exclude the
effects of all such demand-response, energy efficiency, including
waste energy recovery and combined heat and power, or peak demand
reduction programs that may have existed during the period used to
establish the baseline. The baseline also shall be normalized for
changes in numbers of customers, sales, weather, peak demand, and
other appropriate factors so that the compliance measurement is not
unduly influenced by factors outside the control of the electric
distribution utility.

(d)(i)
Programs implemented by a utility may include the following:

(I)
Demand-response programs;

(II)
Smart grid investment programs, provided that such programs are
demonstrated to be cost-beneficial;

(III)
Customer-sited programs, including waste energy recovery and combined
heat and power systems;

(IV)
Transmission and distribution infrastructure improvements that reduce
line losses;

(V)
Energy efficiency savings and peak demand reduction that are
achieved, in whole or in part, as a result of funding provided from
the
universal
service
electric
partnership plan
fund
established by section 4928.51 of the Revised Code to benefit
low-income customers through programs that include, but are not
limited to, energy audits, the installation of energy efficiency
insulation, appliances, and windows, and other weatherization
measures.

(ii)
No energy efficiency or peak demand reduction achieved under
divisions (A)(2)(d)(i)(IV) and (V) of this section shall qualify for
shared savings.

(iii)
Division (A)(2)(c) of this section shall be applied to include
facilitating efforts by a mercantile customer or group of those
customers to offer customer-sited demand-response, energy efficiency,
including waste energy recovery and combined heat and power, or peak
demand reduction capabilities to the electric distribution utility as
part of a reasonable arrangement submitted to the commission pursuant
to section 4905.31 of the Revised Code.

(e)
No programs or improvements described in division (A)(2)(d) of this
section shall conflict with any statewide building code adopted by
the board of building standards.

(B)
In accordance with rules it shall adopt, the public utilities
commission shall produce and docket at the commission an annual
report containing the results of its verification of the annual
levels of energy efficiency and of peak demand reductions achieved by
each electric distribution utility pursuant to division (A) of this
section. A copy of the report shall be provided to the consumers'
counsel.

(C)
If the commission determines, after notice and opportunity for
hearing and based upon its report under division (B) of this section,
that an electric distribution utility has failed to comply with an
energy efficiency or peak demand reduction requirement of division
(A) of this section, the commission shall assess a forfeiture on the
utility as provided under sections 4905.55 to 4905.60 and 4905.64 of
the Revised Code, either in the amount, per day per undercompliance
or noncompliance, relative to the period of the report, equal to that
prescribed for noncompliances under section 4905.54 of the Revised
Code, or in an amount equal to the then existing market value of one
renewable energy credit per megawatt hour of undercompliance or
noncompliance. Revenue from any forfeiture assessed under this
division shall be deposited to the credit of the advanced energy fund
created under section 4928.61 of the Revised Code.

(D)
The commission may establish rules regarding the content of an
application by an electric distribution utility for commission
approval of a revenue decoupling mechanism under this division. Such
an application shall not be considered an application to increase
rates and may be included as part of a proposal to establish,
continue, or expand energy efficiency or conservation programs. The
commission by order may approve an application under this division if
it determines both that the revenue decoupling mechanism provides for
the recovery of revenue that otherwise may be forgone by the utility
as a result of or in connection with the implementation by the
electric distribution utility of any energy efficiency or energy
conservation programs and reasonably aligns the interests of the
utility and of its customers in favor of those programs.

(E)
The commission additionally shall adopt rules that require an
electric distribution utility to provide a customer upon request with
two years' consumption data in an accessible form.

(F)(1)
As used in divisions (F)(2), (3), and (4) of this section, "portfolio
plan" has the same meaning as in division (C)(1) of section
4928.6610 of the Revised Code.

(2)
If an electric distribution utility has a portfolio plan in effect as
of October 22, 2019, and that plan expires before December 31, 2020,
the commission shall extend the plan through that date. All portfolio
plans shall terminate on that date.

(3)
If a portfolio plan is extended beyond its commission approved term
by division (F)(2) of this section, the existing plan's budget shall
be increased for the extended term to include an amount equal to the
annual average of the approved budget for all years of the portfolio
plan in effect as of October 22, 2019.

(4)
All other terms and conditions of a portfolio plan extended beyond
its commission-approved term by division (F)(2) of this section shall
remain the same unless changes are authorized by the commission.

(G)(1)
Not later than February 1, 2021, the commission shall determine the
cumulative energy savings collectively achieved, since 2009, by all
electric distribution utilities in this state as of December 31,
2020. In determining that cumulative total, the commission shall do
both of the following:

(a)
Include energy savings that were estimated by the commission to be
achieved as of December 31, 2020, and banked under division (G) of
section 4928.662 of the Revised Code;

(b)
Use an energy savings baseline that is the average of the total
kilowatt hours sold by all electric distribution utilities in this
state in the calendar years 2018, 2019, and 2020. The baseline shall
exclude the load and usage described in division (A)(2)(a)(i), (ii),
and (iii) of this section. That baseline may also be reduced for new
economic growth in the utility's certified territory as provided in
division (A)(2)(a) of this section and adjusted and normalized as
provided in division (A)(2)(c) of this section.

(2)(a)
If the cumulative energy savings collectively achieved as determined
by the commission under division (G)(1) of this section is at least
seventeen and one-half per cent of the baseline described in division
(G)(1)(b) of this section, then full compliance with division
(A)(1)(a) of this section shall be deemed to have been achieved
notwithstanding any provision of this section to the contrary.

(b)
If the cumulative energy savings collectively achieved as determined
by the commission under division (G)(1) of this section is less than
seventeen and one-half per cent of the baseline described in division
(G)(1)(b) of this section, then both of the following shall apply:

(i)
The commission shall determine the manner in which further
implementation of energy efficiency programs shall occur as may be
reasonably necessary for collective achievement of cumulative energy
savings equal to seventeen and one-half per cent, and not more, of
the baseline described in division (G)(1)(b) of this section.

(ii)
Full compliance with division (A)(1)(a) of this section shall be
deemed to be achieved as of a date certain established by the
commission notwithstanding any provision of this section to the
contrary.

(3)
Upon the date that full compliance with division (A)(1)(a) of this
section is deemed achieved under division (G)(2)(a) or (b) of this
section, any electric distribution utility cost recovery mechanisms
authorized by the commission for compliance with this section shall
terminate except as may be necessary to reconcile the difference
between revenue collected and the allowable cost of compliance
associated with compliance efforts occurring prior to December 31,
2021, for programs re-established under section 4928.661 of the
Revised Code, and prior to the date upon which full compliance with
division (A)(1)(a) of this section is deemed achieved, for all other
compliance efforts. No such cost recovery mechanism shall be
authorized by the commission beyond the period of time required to
complete this final reconciliation.

Sec.
4928.75.
Beginning
in fiscal year 2021 and each fiscal year thereafter, the
The

director
of
development

job
and family
services
shall, in each fiscal year, submit a completed waiver request in
accordance with section 96.83 of Title 45 of the Code of Federal
Regulations to the United States department of health and human
services and any other applicable federal agencies for the state to
expend twenty-five per cent of federal low-income home energy
assistance programs funds from the home energy assistance block
grants for weatherization services allowed by section 96.83(a) of
Title 45 of the Code of Federal Regulations to the United States
department of health and human services.

Sec.
4928.86.
(A)
Except as provided in division (C) of this section, each
entity

public
utility, as defined in section 4905.02 of the Revised Code,
that
owns or controls transmission facilities located in this state and is
not a regional transmission organization shall create a heat map that
includes both of the following:

(1)
For major transmission lines and substations, the additional power
load the lines and substations can take at the time that the map is
created, accounting for all signed electric service agreements;

(2)
The amount of localized generation that can be hosted on each
transmission line.

(B)
If a heat map created under this section is not critical electric
infrastructure information, then the
entity

utility

that
created the map shall publish the map on the
entity's

utility's

web
site.

(C)
The following entities are exempt from the requirements of this
section:

(1)
An electric utility owned or operated by a municipal corporation;

(2)
An electric cooperative.

Sec.
4981.02.
(A)
There is hereby created the Ohio rail development commission, as an
independent agency of the state within the department of
transportation, consisting of the following members:

(1)
Two members of the Ohio senate, one of whom shall be appointed by and
serve at the pleasure of the president of the senate and one of whom
shall be appointed by and serve at the pleasure of the minority
leader of the senate;

(2)
Two members of the Ohio house of representatives, one of whom shall
be appointed by and serve at the pleasure of the speaker of the house
of representatives and one of whom shall be appointed by and serve at
the pleasure of the minority leader of the house of representatives;

(3)
Two members representing the general public, one of whom shall be
appointed by the president of the senate and one of whom shall be
appointed by the speaker of the house of representatives;

(4)
The director of transportation, or the director's designee, who shall
be an ex officio member;

(5)
The director of development, or the director's designee, who shall be
an ex officio member;

(6)
The following members appointed by the governor with the advice and
consent of the senate:

(a)
One member, who shall serve as chairperson of the commission until
October 21, 2025, or an earlier date if the member resigns or
otherwise leaves office;

(b)

One
member
Two
members
,
who shall represent the interests of a freight rail company
.
One such member shall represent a class I railroad and one such
member shall represent a class II or class III railroad, as defined
by the surface transportation board under 49 C.F.R. 1201
;

(c)

One
member, who shall represent the interests of passenger rail service;

(d)

One member, who shall have expertise in infrastructure financing;

(e)
(d)

One member, who shall represent the interests of organized labor;

(f)
(e)

One member, who shall represent the interests of manufacturers;

(g)
(f)

One member who shall represent the general public, subject to
division (B) of this section.

(B)
Beginning on October 21, 2025, or at an earlier date if there is a
vacancy in the position of chairperson, the director of
transportation or the director's designee shall serve as the
chairperson of the commission. Upon the director or director's
designee assuming the position of chairperson, the governor shall
appoint an additional member to the commission to represent the
general public.

(C)
All members shall be reimbursed for actual expenses incurred in the
performance of their duties. The members of the commission from the
Ohio senate and the Ohio house of representatives shall serve as
nonvoting members. No more than four members of the seven appointed
to the commission by the governor shall be from the same political
party. Each member of the commission shall be a resident of this
state
.

,
except for the two members appointed under division (A)(6)(b) of this
section who may be nonresidents with a substantial connection to
freight rail operations in Ohio.

(D)
Within sixty days after October 20, 1994, the governor shall make
initial appointments to the commission. Of the initial appointments
made to the commission, three shall be for a term ending three years
after October 20, 1994, and three shall be for a term ending six
years after that date. Terms for all other appointments made to the
commission shall be for six years. Vacancies shall be filled in the
manner provided for original appointments. Any member appointed to
fill a vacancy shall have the same qualifications as the member's
predecessor. Each term shall end on the same day of the same month of
the year as did the term which it succeeds. Each appointed member
shall hold office from the date of the member's appointment until the
end of the term for which the member was appointed. Any member
appointed to fill a vacancy before the expiration of the term for
which the member's predecessor was appointed shall hold office for
the remainder of that term. Any appointed member shall continue in
office subsequent to the expiration date of the member's term until
the member's successor takes office, or for a period of sixty days,
whichever occurs first. All members shall be eligible for
reappointment.

(E)
The commission may employ an executive director, who shall have
appropriate experience as determined by the commission, and a
secretary-treasurer and other employees that the commission considers
appropriate. The commission may fix the compensation of the
employees.

(F)
Six members of the commission shall constitute a quorum, and the
affirmative vote of six members shall be necessary for any action
taken by the commission. No vacancy in the membership of the
commission shall impair the rights of a quorum to exercise all the
rights and perform all the duties of the commission.

(G)
All members of the commission are subject to Chapter 102. of the
Revised Code.

(H)
The department of transportation may use all appropriate sources of
revenue to assist the commission in developing and implementing rail
service.

(I)
Expenditures by the department of transportation, the Ohio rail
development commission, or any other state agency for capital
improvements for the development of passenger rail shall be subject
to the approval of the controlling board with an affirmative vote of
not fewer than five members, including the affirmative vote of a
majority of the controlling board members appointed by the president
of the senate and a majority of the controlling board members
appointed by the speaker of the house of representatives. All public
funds acquired by the commission shall be used for developing,
implementing, and regulating rail service and not for operating rail
service unless the general assembly specifically approves the
expenditure of funds for operating rail service.

Sec.
5101.042.
(A)
As used in this section, "public assistance benefits" means
all of the following:

(1)
Supplemental nutrition assistance program benefits;

(2)
Benefits funded in part by the temporary assistance for needy
families block grant;

(3)
Cash assistance provided through the Ohio works first program;

(4)
Benefits provided by the medicaid program;

(5)
Publicly funded child care as defined in section 5104.01 of the
Revised Code.

(B)
The department of job and family services shall update the systems
used by the department and by county departments of job and family
services to determine eligibility for public assistance benefits
programs. The updates shall include a mechanism by which application
information input by individual caseworkers may be tracked and
audited and shall require county departments of job and family
services to provide caseworker training regarding improper
determinations.

Sec.
5101.101.
(A)
This section establishes the order of priority to be followed by the
department of job and family services when distributing funds for the
purpose of providing family planning services, including funds the
department receives through Title XX of the "Social Security
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended, and
funds the department receives through Title IV-A of the "Social
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended,
to be used for purposes of providing Title XX social services. This
section does not apply to payments made under the medicaid program.

(B)
With respect to each period during which funds from a particular
source are distributed for the purpose of providing family planning
services, the department is subject to both of the following when
distributing the funds to applicants seeking those funds:

(1)
Foremost priority shall be given to public entities that are operated
by state or local government entities and that provide or are able to
provide family planning services.

(2)
If any funds remain after the department distributes funds to public
entities under division (B)(1) of this section, the department may
distribute funds to nonpublic entities. If funds are distributed to
nonpublic entities, the department shall distribute the funds in the
following order of descending priority:

(a)
Nonpublic entities that are federally qualified health centers or
federally qualified health center look-alikes, both as defined in
section 3701.047 of the Revised Code, or community action agencies,
as defined in section
122.66

5101.311

of
the Revised Code;

(b)
Nonpublic entities that provide comprehensive primary and preventive
care services in addition to family planning services;

(c)
Nonpublic entities that provide family planning services, but do not
provide comprehensive primary and preventive care services.

Sec.
5101.211.
The
director of job and family services
or
the director of children and youth
may
provide for a grant agreement entered into under section 5101.21 of
the Revised Code to have a retroactive effective date of the first
day of July of an odd-numbered year if both of the following are the
case:

(A)
The agreement is entered into after that date and before the last day
of that July.

(B)
The board of county commissioners requests the retroactive effective
date and provides the director good cause satisfactory to the
director for the reason the agreement was not entered into on or
before the first day of that July.

Sec.
5101.212.
The
department of job and family services
or
the director of children and youth
shall
publish in a manner accessible to the public all of the following
that concern family services duties for which grants included in
grant agreements entered into under section 5101.21 of the Revised
Code are awarded: state plans for receipt of federal financial
participation, agreements between the department and a federal
agency, and executive orders issued by the governor. The department
may publish the materials electronically or otherwise.

Sec.
5101.215.
If
the director of job and family services
or
the director of children and youth
enters
into an agreement or contracts with, or issues a grant to, a
religious organization under section 5101.214 of the Revised Code,
the religious organization shall comply with section 104 of the
Personal Responsibility and Work Opportunity and Reconciliation Act
of 1996 (P.L. 104-193).

Sec.
5101.222.
The
director of job and family services
or
the director of children and youth
may
adopt rules in accordance with section 111.15 of the Revised Code to
implement sections 5101.22 to 5101.222 of the Revised Code. If the
director adopts the rules, the director shall adopt the rules as if
they were internal management rules.

Sec.
5101.242.
The
department of job and family services
or
the director of children and youth
may
certify a claim to the attorney general under section 131.02 of the
Revised Code for the attorney general to take action under that
section against a responsible county grantee or responsible entity to
recover any funds that the department determines the responsible
county grantee or responsible entity owes the department for actions
taken under division (C)(2), (3), (4), or (5) of section 5101.24 or
5101.241 of the Revised Code.

Sec.
5101.26.
As
used in this section and in sections 5101.27 to 5101.30 of the
Revised Code:

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

(B)
"County agency" means a county department of job and family
services or a public children services agency.

(C)
"Fugitive felon" means an individual who is fleeing to
avoid prosecution, or custody or confinement after conviction, under
the laws of the place from which the individual is fleeing, for a
crime or an attempt to commit a crime that is a felony under the laws
of the place from which the individual is fleeing or, in the case of
New Jersey, a high misdemeanor, regardless of whether the individual
has departed from the individual's usual place of residence.

(D)
"Information" means records as defined in section 149.011
of the Revised Code, any other documents in any format, and data
derived from records and documents that are generated, acquired, or
maintained by the department of job and family services, the
department of children and youth, a county agency, or an entity
performing duties on behalf of the department or a county agency.

(E)
"Law enforcement agency" has the same meaning as in section
109.573 of the Revised Code.

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

(G)
"Public assistance" means financial assistance or social
services that are provided under a program administered by the
department of job and family services
,
department of children and youth,

or a county agency pursuant to Chapter 329., 5101., 5104., 5107., or
5108. of the Revised Code or an executive order issued under section
107.17 of the Revised Code. "Public assistance" does not
mean medical assistance provided under a medical assistance program,
as defined in section 5160.01 of the Revised Code.

(H)
"Public assistance recipient" means an applicant for or
recipient or former recipient of public assistance.

(I)
"Publicly funded child care" has the same meaning as in
section 5104.01 of the Revised Code.

(J)
"Tuberculosis control unit" means the county tuberculosis
control unit designated by a board of county commissioners under
section 339.72 of the Revised Code or the district tuberculosis
control unit designated pursuant to an agreement entered into by two
or more boards of community commissioners under that section.

Sec.
5101.272.
(A)
For the purposes of section 5101.27 of the Revised Code, an
authorization shall be made on a form that uses language
understandable to the average person and contains all of the
following:

(1)
A description of the information to be used or disclosed that
identifies the information in a specific and meaningful fashion;

(2)
The name or other specific identification of the person or class of
persons authorized to make the requested use or disclosure;

(3)
The name or other specific identification of the person or
governmental entity to which the information may be released;

(4)
A description of each purpose of the requested use or disclosure of
the information;

(5)
The date on which the authorization expires or an event related
either to the individual who is the subject of the request or to the
purposes of the requested use or disclosure, the occurrence of which
will cause the authorization to expire;

(6)
A statement that the information used or disclosed pursuant to the
authorization may be disclosed by the recipient of the information
and may no longer be protected from disclosure;

(7)
The signature of the individual or the individual's authorized
representative and the date on which the authorization was signed;

(8)
If signed by an authorized representative, a description of the
representative's authority to act for the individual;

(9)
A statement of the individual or authorized representative's right to
prospectively revoke the written authorization in writing, along with
one of the following:

(a)
A description of how the individual or authorized representative may
revoke the authorization;

(b)
If the department of job and family services'
or
department of children and youth's
privacy
notice contains a description of how the individual or authorized
representative may revoke the authorization, a reference to that
privacy notice.

(10)
A statement that treatment, payment, enrollment, or eligibility for
public assistance cannot be conditioned on signing the authorization
unless the authorization is necessary for determining eligibility for
the public assistance program.

(B)
When an individual requests information pursuant to section 5101.27
of the Revised Code regarding the individual's receipt of public
assistance and does not wish to provide a statement of purpose, the
statement "at request of the individual" is a sufficient
description for purposes of division (A)(4) of this section.

Sec.
5101.273.
The
department of job and family services
or
the department of children and youth
shall
enter into any necessary agreements with the United States department
of health and human services and neighboring states to join and
participate as an active member in the public assistance reporting
information system. The department may disclose information regarding
a public assistance recipient to the extent necessary to participate
as an active member in the public assistance reporting information
system.

Sec.
5101.28.
(A)(1)
On request of the department of job and family services
,
the department of children and youth,

or a county agency, a law enforcement agency shall provide
information regarding public assistance recipients to enable the
department

of
job and family services, department of children and youth,

or county agency to determine, for eligibility purposes, whether a
recipient or a member of a recipient's assistance group is a fugitive
felon or violating a condition of probation, a community control
sanction, parole, or a post-release control sanction imposed under
state or federal law.

(2)
A county agency may enter into a written agreement with a local law
enforcement agency establishing procedures concerning access to
information and providing for compliance with this section.

(B)
To the extent permitted by federal law, the department
of
job and family services, department of children and youth,
and
county agencies shall provide information regarding recipients of
public assistance to a law enforcement agency on request for use in
the performance of the law enforcement agency's official duties.

(C)
Information about a public assistance recipient shall be exchanged,
obtained, or shared only if the department

of
job and family services, department of children and youth
,
county agency, or law enforcement agency requesting the information
gives sufficient information to specifically identify the recipient.
In addition to the recipient's name, identifying information may
include the recipient's current or last known address, social
security number, other identifying number, age, gender, physical
characteristics, any information specified in an agreement entered
into under division (A) of this section, or any information
considered appropriate by the department
of
job and family services, department of children and youth
or
agency.

(D)(1)
The department

of
job and family services, department of children and youth,

and
its

each
department's
officers
and employees are not liable in damages in a civil action for any
injury, death, or loss to person or property that allegedly arises
from the release of information in accordance with divisions (A),
(B), and (C) of this section. This section does not affect any
immunity or defense that the department

of
job and family services, department of children and youth,

and
its

each
department's
officers
and employees may be entitled to under another section of the Revised
Code or the common law of this state, including section 9.86 of the
Revised Code.

(2)
The county agencies and their employees are not liable in damages in
a civil action for any injury, death, or loss to person or property
that allegedly arises from the release of information in accordance
with divisions (A), (B), and (C) of this section. "Employee"
has the same meaning as in division (B) of section 2744.01 of the
Revised Code. This section does not affect any immunity or defense
that the county agencies and their employees may be entitled to under
another section of the Revised Code or the common law of this state,
including section 2744.02 and division (A)(6) of section 2744.03 of
the Revised Code.

(E)
To the extent permitted by federal law, the department
of
job and family services, department of children and youth,
and
county agencies shall provide access to information to the auditor of
state acting pursuant to Chapter 117. or sections 5101.181 and
5101.182 of the Revised Code and to any other government entity
authorized by federal law to conduct an audit of, or similar activity
involving, a public assistance program.

(F)
To the extent permitted by law, nothing in this section prohibits the
department of job and family services,
the
department of children and youth,
county
departments of job and family services, and employees of the
departments from reporting to a public children services agency or
other appropriate agency information on known or suspected physical
or mental injury, sexual abuse or exploitation, or negligent
treatment or maltreatment, of a child.

Sec.
5101.30.
(A)
The director of job and family services
and
the director of children and youth
shall
adopt rules in accordance with Chapter 119. of the Revised Code
implementing sections 5101.26 to 5101.30 of the Revised Code and
governing the custody, use, disclosure, and preservation of the
information generated or received by the department of job and family
services,
the
department of children and youth,
county
agencies, other state and county entities, contractors, grantees,
private entities, or officials participating in the administration of
public assistance programs. The rules shall comply with applicable
federal statutes and regulations.

(1)
The rules shall specify conditions and procedures for the release of
information which may include, among other conditions and procedures,
both of the following:

(a)
Permitting providers of services or assistance under public
assistance programs limited access to information that is essential
for the providers to render services or assistance or to bill for
services or assistance rendered. The department of aging, when
investigating a complaint under section 173.20 of the Revised Code,
shall be granted any limited access permitted in the rules pursuant
to division (A)(1) of this section.

(b)
Permitting a contractor, grantee, or other state or county entity
limited access to information that is essential for the contractor,
grantee, or entity to perform administrative or other duties on
behalf of the department or county agency. A contractor, grantee, or
entity given access to information pursuant to division (A)(2) of
this section is bound by the director's rules, and disclosure of the
information by the contractor, grantee, or entity in a manner not
authorized by the rules is a violation of section 5101.27 of the
Revised Code.

(2)
The rules may define who is an "authorized representative"
for purposes of sections 5101.27 and 5101.272 of the Revised Code.

(B)
Whenever names, addresses, or other information relating to public
assistance recipients is held by any agency other than the department
or a county agency, that other agency shall adopt rules consistent
with sections 5101.26 to 5101.30 of the Revised Code to prevent the
publication or disclosure of names, lists, or other information
concerning those recipients.

Sec.

122.66

5101.311
.

As
used in sections
122.66

5101.311

to

122.702

5101.318

of
the Revised Code:

(A)
"Poverty line" means the official poverty line established
by the director of the United States office of management and budget
and as revised by the secretary of health and human services in
accordance with section 673(2) of the "Community Services Block
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902.

(B)
"Low-income person" means a person whose adjusted gross
income as defined in division (A) of section 5747.01 of the Revised
Code is below the poverty line as defined in division (A) of this
section.

(C)
"Advocacy" means the act of pleading for, supporting, or
recommending actions on behalf of low-income persons.

(D)
"Community action agency" means a community-based and
operated private nonprofit agency or organization incorporated under
Chapter 1702. of the Revised Code that includes or is designed to
include a sufficient number of projects or components to provide a
range of services and activities having a measurable and potentially
major impact on the causes of poverty in the community or those areas
of the community where poverty is a particularly acute problem and is
designated as a community action agency by the
community
services division
department
of job and family services
pursuant
to sections
122.68

5101.313

and

122.69

5101.315

of
the Revised Code. A "community action agency" is not a
state agency or public office.

(E)
"Community" means a city, village, county, multicity or
multicounty unit, a neighborhood or other area, disregarding
boundaries or political subdivisions, which provides a suitable
organizational base and possesses a commonality of needs and
interests for a community action program suitable to be served by a
community action agency.

(F)
"Service area" means the geographical area served by a
community action agency.

Sec.

122.67

5101.312
.

There
is hereby created in the development services agency the community
services division.

The director of
development
services
job
and family services
shall
employ and fix the compensation of professional and technical
unclassified personnel as necessary to carry out the provisions of
sections
122.66

5101.311

to

122.701

5101.317

of
the Revised Code.

Sec.

122.68

5101.313
.

The

community
services division
department
of job and family services
shall:

(A)
Administer all federal funds appropriated to the state from the
"Community Services Block Grant Act," 95 Stat. 511, 42
U.S.C.A. 9901, and comply with requirements imposed by that act in
its application for, and administration of, the funds;

(B)
Designate community action agencies to receive community services
block grant funds;

(C)(1)
Subject to division (C)(2) of this section, disburse at least
ninety-one per cent of the funds received in the state from the
"Community Services Block Grant Act" to community action
agencies that comply with the requirements of section
122.69

5101.315

of
the Revised Code and migrant and seasonal farm worker organizations
that are not designated community action agencies but which provide
the services described in division (B)(1) of section
122.69

5101.315

of
the Revised Code;

(2)
Disburse at least four and one-half per cent of the funds received in
the state from the "Community Services Block Grant Act" to
one or more nonprofit organizations to which both of the following
apply:

(a)
The organization or organizations were incorporated under the laws of
this state before January 1, 2015.

(b)
The primary purpose of the organization or organizations is to
provide training and technical assistance to community action
agencies that comply with the requirements of section
122.69

5101.315

of
the Revised Code.

(D)
Provide technical assistance to community action agencies to improve
program planning, development, and administration;

(E)
Conduct yearly performance assessments, according to criteria
determined by
development
services agency
department
of job and family services
rule,
to determine whether community action agencies are in compliance with
section
122.69

5101.315

of
the Revised Code;

(F)
Annually prepare and submit to the United States secretary of health
and human services, the governor, the president of the Ohio senate,
and the speaker of the Ohio house of representatives, a comprehensive
report that includes:

(1)
Certification that all community action agencies designated to
receive funds from the "Community Services Block Grant Act"
are in compliance with section
122.69

5101.315

of
the Revised Code;

(2)
A program plan for the next federal fiscal year that has been made
available for public inspection and that details how community
services block grant funds will be disbursed and used during that
fiscal year;

(3)
Information detailing how funds were expended for the current fiscal
year;

(4)
An audit of community services block grant expenditures for the
preceding federal fiscal year that is conducted in accordance with
generally accepted accounting principles by an independent auditing
firm that has no connection with any community action agency
receiving community services block grant funds or with any employee
of the division.

(G)
Serve as a statewide advocate for social and economic opportunities
for low-income persons.

Sec.

122.681

5101.314
.

(A)
Except as permitted by this section, or when required by federal law,
no person or government entity shall solicit, release, disclose,
receive, use, or knowingly permit or participate in the use of any
information regarding an individual receiving assistance pursuant to
a
community
services division
department
of job and family services
program
under sections
122.66

5101.311

to

122.702

5101.318

of
the Revised Code for any purpose not directly related to the
administration of a
division

department

assistance
program.

(B)
To the extent permitted by federal law, the
division
department
,
and any entity that receives
division

department

funds
to administer a
division

department

program
to assist individuals, shall release information regarding an
individual assistance recipient to the following:

(1)
A government entity responsible for administering the assistance
program for purposes directly related to the administration of the
program;

(2)
A law enforcement agency for the purpose of any investigation,
prosecution, or criminal or civil proceeding relating to the
administration of the assistance program;

(3)
A government entity responsible for administering a children's
protective services program, for the purpose of protecting children;

(4)
Any appropriate person in compliance with a search warrant, subpoena,
or other court order.

(C)
To the extent permitted by federal law and section 1347.08 of the
Revised Code, the
division
department
,
and any entity administering a
division

department

program,
shall provide access to information regarding an individual
assistance recipient to all of the following:

(1)
The individual assistance recipient;

(2)
The authorized representative of the individual assistance recipient;

(3)
The legal guardian of the individual assistance recipient;

(4)
The attorney of the individual assistance recipient.

(D)
To the extent permitted by federal law, the
division
department
,
and any entity administering a
division

department

program,
may do either of the following:

(1)
Release information about an individual assistance recipient if the
recipient gives voluntary, written authorization;

(2)
Release information regarding an individual assistance recipient to a
state, federal, or federally assisted program that provides cash or
in-kind assistance or services directly to individuals based on need.

(E)
The
community
services division
department
of job and family services
,
or an entity administering a
division

department

program,
shall provide, at no cost, a copy of each written authorization to
the individual who signed it.

(F)
The
development
services agency
department

may
adopt rules defining who may serve as an individual assistance
recipient's authorized representative for purposes of division (C)(2)
of this section.

Sec.

122.69

5101.315
.

(A)
Any nonprofit agency or organization seeking designation as a
community action agency by the
community
services division
department
of job and family services
shall
obtain the endorsement of the chief elected officials of at least
two-thirds of the municipal corporations and the counties within the
community to be served by the agency or organization.

(B)
Any nonprofit agency or organization that receives the endorsement
provided for in division (A) of this section shall be designated by
the
division

department

as
the community action agency for the community it serves and shall
receive community services block grant funds for any period of time
that the nonprofit agency or organization:

(1)
Provides a range of services and opportunities having a measurable
and potentially major impact on the causes of poverty in the
community or those areas of the community where poverty is a
particularly acute problem. These activities may include but shall
not be limited to:

(a)
Providing activities designed to assist low-income persons, including
low-income persons who are elderly and who have disabilities, to:

(i)
Secure and maintain meaningful employment, training, work experience,
and unsubsidized employment;

(ii)
Attain an adequate education;

(iii)
Make better use of available income;

(iv)
Obtain and maintain adequate housing and a suitable living
environment;

(v)
Obtain emergency assistance through loans or grants to meet immediate
and urgent individual and family needs, including the need for health
services, nutritious food, housing, and employment-related
assistance;

(vi)
Remove obstacles and solve personal and family problems that block
the achievement of self-sufficiency;

(vii)
Achieve greater participation in the affairs of the community;

(viii)
Undertake family planning, consistent with personal and family goals
and religious and moral convictions;

(ix)
Obtain energy assistance, conservation, and weatherization services.

(b)
Providing, on an emergency basis, supplies and services, nutritious
foodstuffs, and related services necessary to counteract conditions
of starvation and malnutrition among low-income persons;

(c)
Coordinating and establishing links between government and other
social services programs to assure the effective delivery of services
to low-income individuals;

(d)
Providing child care services, nutrition and health services,
transportation services, alcoholism and narcotic addiction prevention
and rehabilitation services, youth development services, and
community services to persons who are elderly and who have
disabilities;

(e)
Encouraging entities in the private sector to participate in efforts
to ameliorate poverty in the community.

(2)
Annually submits to the
division

department

a
program plan and budget for use of community services block grant
funds for the next federal fiscal year. At least ten days prior to
its submission to the
division
department
,
a copy of the program plan and budget shall be made available to the
chief elected officials of the municipal corporations and counties
within the service area in order to provide them the opportunity to
review and comment upon such plan and budget.

(3)
Composes its board of directors in compliance with
section
(c)(3) of section 675 of
the
"Community Services Block Grant Act,"
95
Stat. 1609,

42
U.S.C.A.
9904
U.S.C.
9910
,
except that the board shall consist of not less than fifteen nor more
than thirty-three members;

(4)
Complies with the prohibitions against discrimination and political
activity, as provided in the "Community Services Block Grant
Act";

(5)
Complies with fiscal and program requirements established by

development
services agency
department

rule.

Sec.

122.70

5101.316
.

The
board of directors of a community action agency shall:

(A)
Select, appoint, and may remove the executive director of the
community action agency;

(B)
Approve contracts, annual program budgets, and policies of the
community action agency;

(C)
Advise the elected officials of any political subdivision located
within its service area, and state and federal elected officials who
represent its service area, of the nature and extent of poverty
within its community, and advise them of any needed changes;

(D)
Convene public meetings to provide community members the opportunity
to comment on public policies and programs to reduce poverty;

(E)
Annually evaluate the policies and programs of the community action
agency according to criteria determined by
department
of development
department
of job and family services
rule;

(F)
Submit the results of the evaluation required by division (E) of this
section, along with recommendations for improved administration of
the community action agency, to the
community
services division
department
;

(G)
Adopt a code of ethics for the board of directors and the employees
of the community action agency;

(H)
Adopt written policies describing all of the following:

(1)
How the community action agency is to expend and distribute the
community services block grant funds that it receives from the
division under sections
122.68

5101.313

and

122.69

5101.315

of
the Revised Code;

(2)
The salary, benefits, travel expenses, and any other compensation
that persons are to receive for serving on the community action
agency's board of directors;

(3)
The operating procedures to be used by the board to conduct its
meetings, to vote on all official business it considers, and to
provide notice of its meetings.

The
written operating procedures described in this division shall specify
the methods by which the board may conduct meetings using virtual
electronic technology, and shall specify that the board may provide
notice of its meetings by any means deemed appropriate to the board.

(I)
Provide for the posting of notices in a conspicuous place indicating
that the code of ethics described in division (G) of this section and
the policies described in division (H) of this section are available
for public inspection at the community action agency during normal
business hours.

Sec.

122.701

5101.317
.

(A)
Prior to designating a new community action agency or rescinding a
community action agency's designation, the
community
services division
department
of job and family services
shall:

(1)
Determine whether a community action agency is in compliance with
section
122.69

5101.315

of
the Revised Code;

(2)
Consult with the chief elected officials of political subdivisions
located within a community action agency's service area, and, in
designating a new community action agency, obtain their endorsement
of the agency in accordance with division (A) of section
122.69

5101.315

of
the Revised Code;

(3)
Hold at least one public meeting within a community action agency's
service area for the purpose of allowing citizens to comment on the
community action agency's delivery of services;

(4)
Evaluate the proposed service area of the community action agency,
and, as may be necessary, modify the boundaries of the service area
so that low-income persons in the area are adequately and efficiently
served.

(B)
After providing notice and hearing pursuant to sections 119.01 to
119.13 of the Revised Code, the director of
development

job
and family
services:

(1)
May rescind the designation of a community action agency after
finding that the agency is not in compliance with any or all of the
provisions of section
122.69

5101.315

of
the Revised Code;

(2)
Shall rescind the designation of a community action agency upon
notification from the chief elected officials of more than one-half
of the municipal corporations and the counties within a community
currently served by a community action agency that such agency is not
endorsed by them and after finding that the agency is not in
compliance with section
122.69

5101.315

of
the Revised Code.

Any
agency whose designation is rescinded pursuant to this section may
appeal from an order rescinding such designation pursuant to section
119.12 of the Revised Code.

Sec.

122.702

5101.318
.

The
general assembly shall conduct public hearings
each
year
on

the
proposed use and distribution of
community
services block grant funds, as required by section
675(b)
676

of the "Community Services Block Grant Act,"
95
Stat. 1609,
42

U.S.C.A.
9904
U.S.C.
9901
.

Sec.
5101.33.
(A)
As used in this section, "benefits" means any of the
following:

(1)
Cash assistance paid under Chapter 5107. of the Revised Code;

(2)
Supplemental nutrition assistance program benefits provided under
section 5101.54 of the Revised Code;

(3)
Any other program administered by the department of job and family
services
or
the department of children and youth
under
which assistance is provided or service rendered;

(4)
Any other program, service, or assistance administered by a person or
government entity that the department determines may be delivered
through the medium of electronic benefit transfer.

(B)
The department of job and family services
or
department of children and youth
may
make any payment or delivery of benefits to eligible individuals
through the medium of electronic benefit transfer by doing all of the
following:

(1)
Contracting with an agent to supply debit cards to the department of
job and family services
or
the department of children and youth
for
use by such individuals in accessing their benefits and to credit
such cards electronically with the amounts specified by the director
of job and family services
or
the director of children and youth
pursuant
to law;

(2)
Informing such individuals about the use of the electronic benefit
transfer system and furnishing them with debit cards and information
that will enable them to access their benefits through the system;

(3)
Arranging with specific financial institutions or vendors, county
departments of job and family services, or persons or government
entities for individuals to have their cards credited electronically
with the proper amounts at their facilities;

(4)
Periodically preparing vouchers for the payment of such benefits by
electronic benefit transfer;

(5)
Satisfying any applicable requirements of federal and state law.

(C)
The department may enter into a written agreement with any person or
government entity to provide benefits administered by that person or
entity through the medium of electronic benefit transfer. A written
agreement may require the person or government entity to pay to the
department either or both of the following:

(1)
A charge that reimburses the department for all costs the department
incurs in having the benefits administered by the person or entity
provided through the electronic benefit transfer system;

(2)
A fee for having the benefits provided through the electronic benefit
transfer system.

(D)
The department may designate which counties will participate in the
medium of electronic benefit transfer, specify the date a designated
county will begin participation, and specify which benefits will be
provided through the medium of electronic benefit transfer in a
designated county.

(E)
The department
of
job and family services or the department of children and youth
may
adopt rules in accordance with Chapter 119. of the Revised Code for
the efficient administration of this section.

Sec.
5101.35.
(A)
As used in this section:

(1)(a)
"Agency" means the following entities that administer a
family services program:

(i)
The department of job and family services;

(ii)
The department of children and youth;

(iii)
A county department of job and family services;

(iv)
A public children services agency;

(v)
A private or government entity administering, in whole or in part, a
family services program for or on behalf of the department of job and
family services, the department of children and youth, or a county
department of job and family services or public children services
agency.

(b)
If the department of medicaid contracts with the department of job
and family services to hear appeals authorized by section 5160.31 of
the Revised Code regarding medical assistance programs, "agency"
includes the department of medicaid.

(2)
"Appellant" means an applicant, participant, former
participant, recipient, or former recipient of a family services
program who is entitled by federal or state law to a hearing
regarding a decision or order of the agency that administers the
program.

(3)(a)
"Family services program" means all of the following:

(i)
A Title IV-A program as defined in section 5101.80 of the Revised
Code;

(ii)
Programs that provide assistance under Chapter 5104. of the Revised
Code;

(iii)
Programs that provide assistance under section
5101.141,

5101.461, 5101.54, 5119.41, 5153.163,
or

5153.165
,
or 5180.42

of the Revised Code;

(iv)
Title XX social services provided under section 5101.46 of the
Revised Code, other than such services provided by the department of
mental health and addiction services, the department of developmental
disabilities, a board of alcohol, drug addiction, and mental health
services, or a county board of developmental disabilities.

(b)
If the department of medicaid contracts with the department of job
and family services to hear appeals authorized by section 5160.31 of
the Revised Code regarding medical assistance programs, "family
services program" includes medical assistance programs.

(4)
"Medical assistance program" has the same meaning as in
section 5160.01 of the Revised Code.

(B)
Except as provided by divisions (G) and (H) of this section, an
appellant who appeals under federal or state law a decision or order
of an agency administering a family services program shall, at the
appellant's request, be granted a state hearing by the department of
job and family services or the department of children and youth, as
appropriate. This state hearing shall be conducted in accordance with
rules adopted under this section. The state hearing shall be
recorded, but neither the recording nor a transcript of the recording
shall be part of the official record of the proceeding. Except as
provided in section 5160.31 of the Revised Code, a state hearing
decision is binding upon the agency and department, unless it is
reversed or modified on appeal to the director of job and family
services, director of children and youth, or a court of common pleas.

(C)
Except as provided by division (G) of this section, an appellant who
disagrees with a state hearing decision may make an administrative
appeal to the director of job and family services or director of
children and youth in accordance with rules adopted under this
section. This administrative appeal does not require a hearing, but
the director or the director's designee shall review the state
hearing decision and previous administrative action and may affirm,
modify, remand, or reverse the state hearing decision. An
administrative appeal decision is the final decision of the
department and, except as provided in section 5160.31 of the Revised
Code, is binding upon the department and agency, unless it is
reversed or modified on appeal to the court of common pleas.

(D)
An agency shall comply with a decision issued pursuant to division
(B) or (C) of this section within the time limits established by
rules adopted under this section. If a county department of job and
family services or a public children services agency fails to comply
within these time limits, the department may take action pursuant to
section 5101.24 of the Revised Code. If another agency, other than
the department of medicaid, fails to comply within the time limits,
the department may force compliance by withholding funds due the
agency or imposing another sanction established by rules adopted
under this section.

(E)
An appellant who disagrees with an administrative appeal decision of
the director of job and family services, the director of children and
youth, or either director's designee issued under division (C) of
this section may appeal from the decision to the court of common
pleas pursuant to section 119.12 of the Revised Code. The appeal
shall be governed by section 119.12 of the Revised Code except that:

(1)
The person may apply to the court for designation as an indigent and,
if the court grants this application, the appellant shall not be
required to furnish the costs of the appeal.

(2)
The appellant shall mail the notice of appeal to the department of
job and family services or director of children and youth, as
appropriate, and file notice of appeal with the court within thirty
days after the department mails the administrative appeal decision to
the appellant. For good cause shown, the court may extend the time
for mailing and filing notice of appeal, but such time shall not
exceed six months from the date the department mails the
administrative appeal decision. Filing notice of appeal with the
court shall be the only act necessary to vest jurisdiction in the
court.

(3)
The department shall be required to file a transcript of the
testimony of the state hearing with the court only if the court
orders the department to file the transcript. The court shall make
such an order only if it finds that the department and the appellant
are unable to stipulate to the facts of the case and that the
transcript is essential to a determination of the appeal. The
department shall file the transcript not later than thirty days after
the day such an order is issued.

(F)
The department of job and family service and department of children
and youth, as applicable, shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement this section, including
rules governing the following:

(1)
State hearings under division (B) of this section. The rules shall
include provisions regarding notice of eligibility termination and
the opportunity of an appellant appealing a decision or order of a
county department of job and family services to request a county
conference with the county department before the state hearing is
held.

(2)
Administrative appeals under division (C) of this section;

(3)
Time limits for complying with a decision issued under division (B)
or (C) of this section;

(4)
Sanctions that may be applied against an agency under division (D) of
this section.

(G)
The department of job and family services and the department of
children and youth, as applicable, may adopt rules in accordance with
Chapter 119. of the Revised Code establishing an appeals process for
an appellant who appeals a decision or order regarding a Title IV-A
program identified under division (A)(4)(c), (d), (e), (f), (g), or
(h) of section 5101.80 of the Revised Code that is different from the
appeals process established by this section. The different appeals
process may include having a state agency that administers the Title
IV-A program pursuant to an interagency agreement entered into under
section 5101.801 of the Revised Code administer the appeals process.

(H)
If an appellant receiving medicaid through a health insuring
corporation that holds a certificate of authority under Chapter 1751.
of the Revised Code is appealing a denial of medicaid services based
on lack of medical necessity or other clinical issues regarding
coverage by the health insuring corporation, the person hearing the
appeal may order an independent medical review if that person
determines that a review is necessary. The review shall be performed
by a health care professional with appropriate clinical expertise in
treating the recipient's condition or disease. The department shall
pay the costs associated with the review.

A
review ordered under this division shall be part of the record of the
hearing and shall be given appropriate evidentiary consideration by
the person hearing the appeal.

(I)
The requirements of Chapter 119. of the Revised Code apply to a state
hearing or administrative appeal under this section only to the
extent, if any, specifically provided by rules adopted under this
section.

Sec.
5101.351.
The
department of job and family services
or
the department of children and youth
may
employ or contract with hearing officers to draft and recommend state
hearing decisions under division (B) of section 5101.35 of the
Revised Code. The department may employ or contract with hearing
authorities to issue state hearing decisions under division (B) of
section 5101.35 of the Revised Code. A hearing authority employed or
contracted with under this section is not required to have been
admitted to the practice of law in this state.

Sec.
5101.38.
The
department of job and family services
or
the department of children and youth
may
appoint and commission any competent officer, employee, agency, or
person to serve as a special agent, investigator, or representative
to perform a designated duty for and in behalf of the department.
Specific credentials shall be given by the department to each person
so designated, and each credential shall state:

(A)
The person's name;

(B)
Agency with which such person is connected;

(C)
Purpose of appointment;

(D)
Date of expiration of appointment, if appropriate;

(E)
Such information as the department considers proper.

Sec.
5101.461.
(A)
As used in this section:

(1)
"Title IV-A" means Title IV-A of the "Social Security
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.

(2)
"Title XX" has the same meaning as in section 5101.46 of
the Revised Code.

(B)
To the extent authorized by federal law, the department of job and
family services
or
the department of children and youth
may
use funds received through the Title IV-A temporary assistance for
needy families block grant for purposes of providing Title XX social
services. The amount used under this section shall not exceed the
maximum amount permitted by federal law. The funds and provision of
Title XX social services with the funds are not subject to section
5101.46 of the Revised Code.

Funds
distributed under this section for the purpose of providing family
planning services shall be distributed by a county department of job
and family services according to the same order of priority that
applies to the department of job and family services under section
5101.101 of the Revised Code.

(C)
The department and any county department of job and family services
may require an entity under contract to provide Title XX social
services with funds used under this section to submit to an audit on
the basis of alleged misuse or improper accounting of funds. If an
audit is required, the social services provider shall reimburse the
state department or county department for the cost it incurred in
conducting the audit or having the audit conducted.

If
an audit demonstrates that a social services provider is responsible
for one or more adverse findings, the provider shall reimburse the
state department or county department the amount of the adverse
findings. The amount shall not be reimbursed with funds received
under this section. The state department and county departments may
terminate or refuse to enter into a contract with a social services
provider to provide services with funds available pursuant to this
section if there are adverse findings in an audit that are the
responsibility of the provider.

(D)
The state department of job and family services
or
the department of children and youth
may
adopt rules to implement and carry out the purposes of this section.
Rules governing financial and operational matters of the department
or matters between the department and county departments of job and
family services shall be adopted as internal management rules in
accordance with section 111.15 of the Revised Code. Rules governing
eligibility for services, program participation, and other matters
pertaining to applicants and participants shall be adopted in
accordance with Chapter 119. of the Revised Code.

Sec.
5101.542.
(A)
Immediately following a county department of job and family services'
certification that a household determined under division (B) of
section 5101.54 of the Revised Code to be in immediate need of
nutrition assistance is eligible for the supplemental nutrition
assistance program, the department of job and family services shall
provide for the household to be sent by regular United States mail an
electronic benefit transfer card containing the amount of benefits
the household is eligible to receive under the program. The card
shall be sent to the member of the household in whose name
application for the supplemental nutrition assistance program was
made or that member's authorized representative.

(B)
Except as provided in division (C) of this section, the department
shall replace any electronic benefit transfer card that is reported
by a household to be lost, stolen, or damaged, within two business
days of receiving notice of the card's condition, in accordance with
7 C.F.R. 274.6(b).

(C)(1)
The department shall implement the option described in 7 C.F.R.
274.6(b)(5) and shall withhold a replacement electronic benefit
transfer card from a household that requests four or more replacement
cards during a twelve-month period until the requirements specified
in 7 C.F.R. 274.6(b)(5) have been satisfied.

(2)
The department shall not withhold a replacement card as described
under division (C)(1) of this section if the individual requesting
the replacement has a disability directly related to the loss of the
card.

(D)
The department shall establish a process as part of the department's
existing customer service telephone hotline that allows individuals
to lock or unlock an electronic benefit transfer card that has been
lost or stolen.

Sec.
5101.543.
To
ensure program integrity within the supplemental nutrition assistance
program, the department of job and family services shall periodically
monitor the balances of supplemental nutrition assistance program
accounts. If the department discovers an account with a balance that
exceeds five thousand dollars, the department shall take steps to
determine whether the account is inactive and, if inactive, identify
the causes for the accruing balance.

Sec.
5101.548.
(A)(1)
Except as otherwise provided in division (A)(2) of this section, the
department of job and family services shall not implement the option
available under section 6(o)(6) of the "Food and Nutrition Act
of 2008," 7 U.S.C. 2015(o)(6).

(2)
The department of job and family services may implement the option
described in division (A)(1) of this section only to prevent a
federal penalty and to maintain compliance with federal rules
governing the supplemental nutrition assistance program. The
department shall not delegate the authority to waive individual work
requirements or otherwise grant exemptions to county departments of
job and family services. The department shall notify the chairpersons
of the standing committees having jurisdiction in both the house of
representatives and the senate when implementing the option described
in division (A)(1) of this section.

(B)
The department of job and family services shall not request, apply
for, or renew a waiver authorized by section 6(o)(4) of the "Food
and Nutrition Act of 2008," 7 U.S.C. 2015(o)(4).

Sec.
5101.549.
(A)
As used in this section:

(1)
"Food additive" means any of the following:

(a)
Synthetic food dyes derived from petroleum or coal tar, including red
40, red 3, yellow 5, yellow 6, blue 1, blue 2, and green 3;

(b)
Titanium dioxide and any other whitening agents classified as
nanoparticles;

(c)
Brominated vegetable oil and other chemical emulsifiers linked to
hormone disruption;

(d)
Potassium bromate, propylparaben, and any chemical additives
classified as probable carcinogens.

(2)
"Sugar-sweetened beverages" means nonalcoholic beverages
that are made with carbonated water that is flavored, contains a food
additive, and is sweetened with sugar or artificial sweeteners.
"Sugar-sweetened beverages" do not include a beverage that
contains milk, milk products, soy, rice, or other milk substitutes,
or that contain greater than fifty per cent vegetable or fruit juice
by volume, or that contain less than five grams of added sugar.

(B)
The director of job and family services shall submit a request to the
United States department of agriculture for a waiver to exclude
sugar-sweetened beverages as items that may be purchased in this
state under the supplemental nutrition assistance program. If a
waiver submitted under this section is not approved, the director
shall resubmit a request for a waiver on an annual basis.

Sec.
5101.612.
(A)
As used in this section, "federal poverty line" has the
same meaning as in section 5162.01 of the Revised Code.

(B)
Within available funds, the department of job and family services
shall distribute funds to the counties not later than thirty days
after the beginning of each calendar quarter for a part of the
counties' costs for protective services. Funds provided to a county
under this section shall be deposited into the public assistance fund
created under section 5101.161 of the Revised Code.

(C)
In each fiscal year, the amount of funds available for distribution
under this section shall be allocated to counties as follows:

(1)
If the amount is less than the amount initially appropriated for the
immediately preceding fiscal year, each county shall receive an
amount equal to the percentage of the funding it received in the
immediately preceding fiscal year, exclusive of any releases from or
additions to the allocation or any sanctions imposed under this
section;

(2)
If the amount is equal to the amount initially appropriated for the
immediately preceding fiscal year, each county shall receive an
amount equal to the amount it received in the preceding fiscal year,
exclusive of any releases from or additions to the allocation or any
sanctions imposed under this section;

(3)
If the amount is greater than the amount initially appropriated for
the immediately preceding fiscal year, each county shall receive the
amount determined under division (C)(2) of this section as a base
allocation, plus a percentage of the amount that exceeds the amount
initially appropriated for the immediately preceding fiscal year. The
amount exceeding the amount initially appropriated in the immediately
preceding fiscal year shall be allocated to the counties as follows:

(a)
Twelve per cent divided equally among all counties;

(b)
Forty-eight per cent in the ratio that the number of residents of the
county aged sixty or older bears to the total number of such persons
residing in this state;

(c)
Forty per cent in the ratio that the number of residents of the
county with incomes under the federal poverty line bears to the total
number of such persons in this state.

(D)
Not later than ninety days after the end of each state fiscal
biennium, each county shall return any unspent funds to the
department.

(E)
The director of job and family services may adopt rules in accordance
with section 111.15 of the Revised Code to allocate funds under this
section and prescribe reports on expenditures to be submitted by the
counties as necessary for the implementation of this section.

Sec.
5101.80.
(A)
As used in this section and in section 5101.801 of the Revised Code:

(1)
"County family services agency" has the same meaning as in
section 307.981 of the Revised Code.

(2)
"State agency" has the same meaning as in section 9.82 of
the Revised Code.

(3)
"Title IV-A administrative agency" means both of the
following:

(a)
A county family services agency or state agency administering a Title
IV-A program under the supervision of the department of job and
family services or the department of children and youth;

(b)
A government agency or private, not-for-profit entity administering a
project funded in whole or in part with funds provided under the
Title IV-A demonstration program created under section 5101.803 of
the Revised Code.

(4)
"Title IV-A program" means all of the following that are
funded in part with funds provided under the temporary assistance for
needy families block grant established by Title IV-A of the "Social
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended:

(a)
The Ohio works first program established under Chapter 5107. of the
Revised Code;

(b)
The prevention, retention, and contingency program established under
Chapter 5108. of the Revised Code;

(c)
A program established by the general assembly or an executive order
issued by the governor that is administered or supervised by the
department of job and family services or department of children and
youth pursuant to section 5101.801 of the Revised Code;

(d)
The kinship permanency incentive program created under section

5101.802

5180.52

of
the Revised Code;

(e)
The Title IV-A demonstration program created under section 5101.803
of the Revised Code;

(f)
The Ohio parenting and pregnancy program created under section

5101.804

5180.71

of
the Revised Code;

(g)
Fatherhood programs recommended by the Ohio commission on fatherhood
under section
5101.805

5180.704

of
the Revised Code;

(h)
A component of a Title IV-A program identified under divisions
(A)(4)(a) to (g) of this section that the Title IV-A state plan
prepared under division (C)(1) of this section identifies as a
component.

(B)
The department of job and family services shall act as the single
state agency to administer and supervise the administration of Title
IV-A programs. The Title IV-A state plan and amendments to the plan
prepared under division (C) of this section are binding on Title IV-A
administrative agencies. No Title IV-A administrative agency may
establish, by rule or otherwise, a policy governing a Title IV-A
program that is inconsistent with a Title IV-A program policy
established, in rule or otherwise, by the director of job and family
services.

(C)
The department of job and family services shall do all of the
following:

(1)
Prepare and submit to the United States secretary of health and human
services a Title IV-A state plan for Title IV-A programs;

(2)
Prepare and submit to the United States secretary of health and human
services amendments to the Title IV-A state plan that the department
determines necessary, including amendments necessary to implement
Title IV-A programs identified in divisions (A)(4)(c) to (h) of this
section;

(3)
Prescribe forms for applications, certificates, reports, records, and
accounts of Title IV-A administrative agencies, and other matters
related to Title IV-A programs;

(4)
Make such reports, in such form and containing such information as
the department may find necessary to assure the correctness and
verification of such reports, regarding Title IV-A programs;

(5)
Require reports and information from each Title IV-A administrative
agency as may be necessary or advisable regarding a Title IV-A
program;

(6)
Afford a fair hearing in accordance with section 5101.35 of the
Revised Code to any applicant for, or participant or former
participant of, a Title IV-A program aggrieved by a decision
regarding the program;

(7)
Administer and expend, pursuant to Chapters 5104., 5107., and 5108.
of the Revised Code and sections 5101.801,
5101.802,

5101.803,
and
5101.804

5180.52,
and 5180.71

of the Revised Code, any sums appropriated by the general assembly
for the purpose of those chapters and sections and all sums paid to
the state by the secretary of the treasury of the United States as
authorized by Title IV-A of the "Social Security Act," 110
Stat. 2113 (1996), 42 U.S.C. 601, as amended;

(8)
Conduct investigations and audits as are necessary regarding Title
IV-A programs;

(9)
Enter into reciprocal agreements with other states relative to the
provision of Ohio works first and prevention, retention, and
contingency to residents and nonresidents;

(10)
Contract with a private entity to conduct an independent on-going
evaluation of the Ohio works first program and the prevention,
retention, and contingency program. The contract must require the
private entity to do all of the following:

(a)
Examine issues of process, practice, impact, and outcomes;

(b)
Study former participants of Ohio works first who have not
participated in Ohio works first for at least one year to determine
whether they are employed, the type of employment in which they are
engaged, the amount of compensation they are receiving, whether their
employer provides health insurance, whether and how often they have
received benefits or services under the prevention, retention, and
contingency program, and whether they are successfully self
sufficient;

(c)
Provide the department with reports at times the department
specifies.

(11)
Not later than the last day of each January and July, prepare a
report containing information on the following:

(a)
Individuals exhausting the time limits for participation in Ohio
works first set forth in section 5107.18 of the Revised Code.

(b)
Individuals who have been exempted from the time limits set forth in
section 5107.18 of the Revised Code and the reasons for the
exemption.

(D)
The department shall provide copies of the reports it receives under
division (C)(10) of this section and prepares under division (C)(11)
of this section to the governor, the president and minority leader of
the senate, and the speaker and minority leader of the house of
representatives. The department shall provide copies of the reports
to any private or government entity on request.

(E)
An authorized representative of the department or a county family
services agency or state agency administering a Title IV-A program
shall have access to all records and information bearing thereon for
the purposes of investigations conducted pursuant to this section. An
authorized representative of a government entity or private,
not-for-profit entity administering a project funded in whole or in
part with funds provided under the Title IV-A demonstration program
shall have access to all records and information bearing on the
project for the purpose of investigations conducted pursuant to this
section.

Sec.
5101.801.
(A)
Except as otherwise provided by the law enacted by the general
assembly or executive order issued by the governor establishing the
Title IV-A program, a Title IV-A program identified under division
(A)(4)(c), (d), (e), (f), (g), or (h) of section 5101.80 of the
Revised Code shall provide benefits and services that are not
"assistance" as defined in 45 C.F.R. 260.31(a) and are
benefits and services that 45 C.F.R. 260.31(b) excludes from the
definition of assistance.

(B)(1)
Except as otherwise provided by the law enacted by the general
assembly or executive order issued by the governor establishing the
Title IV-A program, the department of job and family services or the
department of children and youth, as appropriate, shall do either of
the following regarding a Title IV-A program identified under
division (A)(4)(c), (d), (e), (f), (g), or (h) of section 5101.80 of
the Revised Code:

(a)
Administer the program or supervise a county family services agency's
administration of the program;

(b)
Enter into an interagency agreement with a state agency for the state
agency to administer the program under the department's supervision.

(2)
The department of job and family services and the department of
children and youth may enter into an agreement with a government
entity and, to the extent permitted by federal law, a private,
not-for-profit entity for the entity to receive funding for a project
under the Title IV-A demonstration program created under section
5101.803 of the Revised Code.

(3)
To the extent permitted by federal law, the department of children
and youth may enter into an agreement with a private, not-for-profit
entity for the entity to receive funds under the Ohio parenting and
pregnancy program created under section
5101.804

5180.71

of
the Revised Code.

(4)
To the extent permitted by federal law, the department
of
children and youth
may
enter into an agreement with a private, not-for-profit entity for the
entity to receive funds as recommended by the Ohio commission on
fatherhood under section
5101.805

5180.704

of
the Revised Code.

(C)
The department of job and family services and the department of
children and youth, may adopt rules governing Title IV-A programs
identified under divisions (A)(4)(c), (d), (e), (f), (g), and (h) of
section 5101.80 of the Revised Code. Rules governing financial and
operational matters of either department or between either department
and county family services agencies shall be adopted as internal
management rules adopted in accordance with section 111.15 of the
Revised Code. All other rules shall be adopted in accordance with
Chapter 119. of the Revised Code.

(D)
If the department of job and family services or the department of
children and youth, enters into an agreement regarding a Title IV-A
program identified under division (A)(4)(c), (e), (f), (g), or (h) of
section 5101.80 of the Revised Code pursuant to division (B)(1)(b) or
(2) of this section, the agreement shall include at least all of the
following:

(1)
A requirement that the state agency or entity comply with the
requirements for the program or project, including all of the
following requirements established by federal statutes and
regulations, state statutes and rules, the United States office of
management and budget, and the Title IV-A state plan prepared under
section 5101.80 of the Revised Code:

(a)
Eligibility;

(b)
Reports;

(c)
Benefits and services;

(d)
Use of funds;

(e)
Appeals for applicants for, and recipients and former recipients of,
the benefits and services;

(f)
Audits.

(2)
A complete description of all of the following:

(a)
The benefits and services that the program or project is to provide;

(b)
The methods of program or project administration;

(c)
The appeals process under section 5101.35 of the Revised Code for
applicants for, and recipients and former recipients of, the program
or project's benefits and services;

(d)
Other requirements that the department of job and family services or
the department of children and youth, as applicable, requires be
included.

(3)
Procedures for the department of job and family services or the
department of children and youth, as applicable, to approve a policy,
established by rule or otherwise, that the state agency or entity
establishes for the program or project before the policy is
established;

(4)
Provisions regarding how the department of job and family services or
the department of children and youth, as applicable, is to reimburse
the state agency or entity for allowable expenditures under the
program or project that the applicable department approves, including
all of the following:

(a)
Limitations on administrative costs;

(b)
The department of job and family services or the department of
children and youth, as applicable, at its discretion, doing either of
the following:

(i)
Withholding no more than five per cent of the funds that the
department of job and family services or the department of children
and youth, as applicable, would otherwise provide to the state agency
or entity for the program or project;

(ii)
Charging the state agency or entity for the costs to the department
of job and family services or the department of children and youth,
as applicable, of performing, or contracting for the performance of,
audits and other administrative functions associated with the program
or project.

(5)
If the state agency or entity arranges by contract, grant, or other
agreement for another entity to perform a function the state agency
or entity would otherwise perform regarding the program or project,
the state agency or entity's responsibilities for both of the
following:

(a)
Ensuring that the other entity complies with the agreement between
the state agency or entity and the department of job and family
services or the department of children and youth, as applicable and
federal statutes and regulations and state statutes and rules
governing the use of funds for the program or project;

(b)
Auditing the other entity in accordance with requirements established
by the United States office of management and budget.

(6)
The state agency or entity's responsibilities regarding the prompt
payment, including any interest assessed, of any adverse audit
finding, final disallowance of federal funds, or other sanction or
penalty imposed by the federal government, auditor of state,
department of job and family services or the department of children
and youth, as applicable, a court, or other entity regarding funds
for the program or project;

(7)
Provisions for the department of job and family services or the
department of children and youth, as applicable, to terminate the
agreement or withhold reimbursement from the state agency or entity
if either of the following occur:

(a)
The federal government disapproves the program or project or reduces
federal funds for the program or project;

(b)
The state agency or entity fails to comply with the terms of the
agreement.

(8)
Provisions for both of the following:

(a)
The department of job and family services or the department of
children and youth, as applicable, and state agency or entity
determining the performance outcomes expected for the program or
project;

(b)
An evaluation of the program or project to determine its success in
achieving the performance outcomes determined under division
(D)(8)(a) of this section.

(E)
To the extent consistent with the law enacted by the general assembly
or executive order issued by the governor establishing the Title IV-A
program and subject to the approval of the director of budget and
management, the director of job and family services or the director
of children and youth, as applicable, may terminate a Title IV-A
program identified under division (A)(4)(c), (d), (e), (f), (g), or
(h) of section 5101.80 of the Revised Code or reduce funding for the
program if the applicable director determines that federal or state
funds are insufficient to fund the program. If the director of budget
and management approves the termination or reduction in funding for
such a program, the director of job and family services or the
department of children and youth, as applicable, shall issue
instructions for the termination or funding reduction. If a Title
IV-A administrative agency is administering the program, the agency
is bound by the termination or funding reduction and shall comply
with the applicable director's instructions.

(F)
The director of job and family services and the director of children
and youth may adopt internal management rules in accordance with
section 111.15 of the Revised Code as necessary to implement this
section. The rules are binding on each Title IV-A administrative
agency.

Sec.
5101.89.
As
used in sections 5101.89 to 5101.899 of the Revised Code:

(A)
"Youth" means a person who is any of the following:

(1)
Less than eighteen years of age;

(2)
An emancipated young adult;

(3)
Is in the temporary or permanent custody of a public children
services agency, a planned permanent living arrangement, or in the
Title-IV-E-eligible care and placement responsibility of a juvenile
court or other governmental agency that provides Title IV-E
reimbursable placement services.

(B)
"Emancipated young adult" has the same meaning as in
section
5101.141

5180.42

of
the Revised Code.

Sec.
5101.891.
(A)
There is created a youth and family
ombudsman

ombudsmen

office
under the department of job and family services consisting of the
following:

(1)
A family ombudsman, who shall be appointed by the governor, to
investigate complaints made by adults;

(2)
A youth ombudsman, who shall be appointed by the governor with advice
from the overcoming hurdles in Ohio youth advisory board, to
investigate complaints made by youth and to advocate for the best
interests of children involved in concerns investigated by the
office;

(3)
Not fewer than two regional ombudsmen;

(4)
Any necessary support staff.

(B)
The office shall investigate and resolve concerns made by or on
behalf of children and families involved with public children
services agencies, Title IV-E agencies, or private provider agencies
that administer or oversee foster care or placement services for the
children services system. The office shall ensure the independent and
impartial review of youth, family, and community complaints or
concerns.

Sec.
5101.892.
The
youth and family
ombudsman

ombudsmen

office
shall perform all of the following duties:

(A)
Receive, investigate, and attempt to resolve complaints from
citizens, including children in the custody of a public children
services agency or in the care and placement of a Title IV-E agency,
related to government services regarding child protective services,
foster care, and adoption;

(B)
Establish procedures for receiving
,
investigating,

and resolving complaints, consistent with state and federal law;

(C)
Provide an annual report to the governor, speaker of the house of
representatives, president of the senate, minority leadership of the
house of representatives and senate, the director of job and family
services,
the
director of children and youth,
and
representatives of the overcoming hurdles in Ohio youth advisory
board.

Sec.
5101.893.
Not
later than sixty days after release of the annual report described
under section 5101.892 of the Revised Code, the overcoming hurdles in
Ohio youth advisory board shall provide an evaluation of the report
to the governor and the youth ombudsman of the youth and family

ombudsman

ombudsmen

office.

Sec.
5101.894.
To
the extent permitted by state or federal law, a representative of the
youth and family
ombudsman

ombudsmen

office
may report to an appropriate authority any suspected violation of
state law discovered during the course of a complaint review.

Sec.
5101.895.
The
department of job and family services shall be responsible for all
administrative undertakings for the youth and family
ombudsman

ombudsmen

office,
including the provision of offices, equipment, and supplies, as
necessary.

Sec.
5101.897.
(A)
No employee of the youth and family
ombudsman

ombudsmen

office
shall do any of the following:

(1)
Hold any office of trust or profit;

(2)
Engage in any occupation or business interfering or inconsistent with
the duties of the office;

(3)
Serve on any committee of any political party;

(4)
Have any interest that is, or may be, in conflict with the interests
and concerns of the office.

(B)
As used in this section, "office of trust or profit" means
any of the following:

(1)
A federal or state elective office or an elective office of a
political subdivision of the state;

(2)
A position on a board or commission of the state that is appointed by
the governor;

(3)
An office set forth in section 121.03, 121.04, or 121.05 of the
Revised Code;

(4)
An office of the government of the United States that is appointed by
the president of the United States.

Sec.
5101.899.
(A)
The youth and family
ombudsman

ombudsmen

office
shall have access to
only

the
records of the
department
of children and youth and the
department
of job and family services that are necessary for the administration
of sections 5101.89 to 5101.899 of the Revised Code and in the
performance of its official duties, including any records maintained
in the uniform statewide automated child welfare information system
under section
5101.13

5180.40

of
the Revised Code. The office has the right to request of the
director
of children and youth and the
director
of job and family services necessary information from any work unit
of the department having information. The collection, compilation,
analysis, and dissemination of information by the office shall be
performed in a manner that protects complainants, individuals
providing information about a complaint, public entities, and
confidential records.

(B)
The office shall have access to any necessary records in the control
of a public children services agency, a Title IV-E agency, or a
private provider agency that administers or oversees foster care or
placement services for the children services system.

(C)
Files of the office and any records contained in those files are not
public records subject to inspection or copying under section 149.43
of the Revised Code. Information contained in investigative and other
files maintained by the office shall be disclosed only at the
discretion of the office or if disclosure is required by a court
order.

Sec.
5101.95.
Not
later than thirty days before submitting a waiver or state plan
amendment relating to a public assistance benefit program to the
appropriate federal entity, the director of job and family services
shall submit a copy of the waiver or state plan amendment to the
speaker of the house of representatives, the president of the senate,
and the chairpersons of the relevant house of representatives and
senate committees with jurisdiction over the subject matter of the
waiver or state plan amendment.

Sec.
5101.98.
(A)
Quarterly, the department of job and family services shall compile a
report on public assistance programs in this state, including the
following information:

(1)
Regarding the supplemental nutrition assistance program, the number
of:

(a)
Accounts with high balances, as determined by the department;

(b)
Out-of-state transactions;

(c)
Transactions when the final amount processed was a whole dollar
amount without additional cents.

(2)
Regarding public assistance programs in this state, including

medicaid,

the
supplemental nutrition assistance program, temporary assistance for
needy families, or cash assistance, the number of:

(a)
Payments made in error, and the dollar amount of those payments;

(b)
Work requirement exemptions issued;

(c)
Confirmed cases of intentional program violation and fraud.

(B)
The department shall submit the report to the president of the senate
and the speaker of the house of representatives, who shall distribute
the report to the chairs of any legislative committee with
jurisdiction over public assistance.

Sec.
5101.99.
(A)
Whoever violates division (A) of section 5101.27 of the Revised Code
is guilty of a misdemeanor of the first degree.

(B)
Whoever violates
section
5101.133,
division
(A) of section 5101.63
,

or division (C)(2) of section 5101.631 of the Revised Code is guilty
of a misdemeanor of the fourth degree.

Sec.
5103.02.
As
used in sections 5103.03 to 5103.181 of the Revised Code:

(A)(1)
"Association" or "institution" includes all of
the following:

(a)
Any incorporated or unincorporated organization, society,
association, or agency, public or private, that receives or cares for
children for two or more consecutive weeks;

(b)
Any individual, including the operator of a foster home, who, for
hire, gain, or reward, receives or cares for children for two or more
consecutive weeks, unless the individual is related to them by blood
or marriage;

(c)
Any individual not in the regular employ of a court, or of an
institution or association certified in accordance with section
5103.03 of the Revised Code, who in any manner becomes a party to the
placing of children in foster homes, unless the individual is related
to such children by blood or marriage or is the appointed guardian of
such children.

(2)
"Association" or "institution" does not include
any of the following:

(a)
Any organization, society, association, school, agency, child
guidance center, detention or rehabilitation facility, or children's
clinic licensed, regulated, approved, operated under the direction
of, or otherwise certified by the department of education and
workforce, a local board of education, the department of youth
services, the department of mental health and addiction services, or
the department of developmental disabilities;

(b)
Any individual who provides care for only a single-family group,
placed there by their parents or other relative having custody;

(c)
A private, nonprofit therapeutic wilderness camp;

(d)
A qualified organization as defined in section 2151.90 of the Revised
Code.

(B)
"Family foster home" means a foster home that is not a
specialized foster home.

(C)
"Foster caregiver" means a person holding a valid foster
home certificate issued under section 5103.03 of the Revised Code.

(D)
"Foster home" means a private residence in which children
are received apart from their parents, guardian, or legal custodian,
by an individual reimbursed for providing the children nonsecure
care, supervision, or training twenty-four hours a day. "Foster
home" does not include care provided for a child in the home of
a person other than the child's parent, guardian, or legal custodian
while the parent, guardian, or legal custodian is temporarily away.
Family foster homes and specialized foster homes are types of foster
homes.

(E)
"Kinship caregiver" has the same meaning as in section

5101.85

5180.50

of
the Revised Code.

(F)
"Medically fragile foster home" means a foster home that
provides specialized medical services designed to meet the needs of
children with intensive health care needs who meet all of the
following criteria:

(1)
Under rules adopted by the medicaid director governing medicaid
payments for long-term care services, the children require a skilled
level of care.

(2)
The children require the services of a doctor of medicine or
osteopathic medicine at least once a week due to the instability of
their medical conditions.

(3)
The children require the services of a registered nurse on a daily
basis.

(4)
The children are at risk of institutionalization in a hospital,
skilled nursing facility, or intermediate care facility for
individuals with intellectual disabilities.

(G)
"Private, nonprofit therapeutic wilderness camp" means a
structured, alternative residential setting for children who are
experiencing emotional, behavioral, moral, social, or learning
difficulties at home or school in which all of the following are the
case:

(1)
The children spend the majority of their time, including overnight,
either outdoors or in a primitive structure.

(2)
The children have been placed there by their parents or another
relative having custody.

(3)
The camp accepts no public funds for use in its operations.

(H)
"Recommending agency" means a public children services
agency, private child placing agency, or private noncustodial agency
that recommends that the department of children and youth take any of
the following actions under section 5103.03 of the Revised Code
regarding a foster home:

(1)
Issue a certificate;

(2)
Deny a certificate;

(3)
Revoke a certificate.

(I)
"Resource caregiver" means a foster caregiver or a kinship
caregiver.

(J)
"Resource family" means a foster home or the kinship
caregiver family.

(K)
"Specialized foster home" means a medically fragile foster
home or a treatment foster home.

(L)
"Treatment foster home" means a foster home that
incorporates special rehabilitative services designed to treat the
specific needs of the children received in the foster home and that
receives and cares for children who are emotionally or behaviorally
disturbed, who are chemically dependent, who have developmental
disabilities, or who otherwise have exceptional needs.

Sec.
5103.021.
(A)
As used in this section, a "scholars residential center" is
a center that meets all of the following:

(1)
The center is a certified affiliate in good standing of a national
organization with a mission to help underserved children in middle
school and high school in a comprehensive manner that is academically
focused and service-oriented and in a family-like setting.

(2)
The center is private and not-for-profit.

(3)
The center does not receive Title IV-E funding or any associated
Title IV funds related to child welfare.

(4)
The center only accepts children placed by their parents or legal
custodian.

(5)
The center is voluntary and uses a competitive selection process.

(B)
The director of
job
and family services
children
and youth
shall
adopt rules in accordance with Chapter 119. of the Revised Code to
implement standards regarding a scholars residential center. The
rules shall be substantially similar, as determined by the director,
to other similarly situated providers of residential care for
children, including rules provided in Chapters 5101:2-5 and 5101:2-9
of the Administrative Code, except that the rules shall reflect all
of the following:

(1)
A center is not subject to any policy that is not specific or
relevant to the center.

(2)
A center is not required to provide discharge summaries.

(3)
A center is permitted to request agency waivers.

(4)
A center is not required to implement case plans or service plans.

(5)
Training requirements for center staff are limited to completion of
all of the following:

(a)
Orientation training;

(b)
Current American red cross, American heart association, or equivalent
first aid and cardiopulmonary resuscitation certification;

(c)
One hour of annual trauma training.

(6)
A center is not subject to existing rules regarding:

(a)
Recreation and leisure activity requirements, provided that the
center has a recreation area available and permits children to swim
if a person who has completed life-saving or water safety training is
present;

(b)
Visiting and communications policies, provided that the center
ensures that children have contact with their family;

(c)
Qualified residential treatment program requirements;

(d)
Treatment-focused requirements established for residential agencies.

(7)
A center shall provide notification and documentation of critical
incidents to parents and legal custodians.

(C)
The director shall certify a scholars residential center that submits
an application to the director, on a form prescribed by the director,
that indicates to the director's satisfaction that the center meets
the standards set forth in rules adopted under division (B) of this
section.

Sec.
5103.039.
(A)
The department of children and youth may suspend, without a prior
hearing, the certificate of an institution or association, as defined
in section 5103.02 of the Revised Code, which includes a foster
caregiver, if any of the following occur:

(1)
A child dies or suffers a serious injury while placed or residing
with the institution or association, including a foster home, as
defined in section 5103.02 of the Revised Code.

(2)
A public children services agency receives a report pursuant to
section 2151.421 of the Revised Code, and the person alleged to have
inflicted abuse or neglect on the child who is the subject of the
report is any of the following:

(a)
A principal of the institution or association;

(b)
An employee or volunteer of the institution or association who has
not immediately been placed on administrative leave or released from
employment;

(c)
Any person who resides in the foster home.

(3)
One of the following is charged by an indictment, information, or
complaint with an offense relating to the death, injury, abuse, or
neglect of a child:

(a)
A principal of the institution or association;

(b)
An employee or volunteer of the institution or association who has
not immediately been placed on administrative leave or released from
employment.

(4)
The department, the recommending agency, a public children services
agency, or a county department of job and family services determines
that a principal, employee, or volunteer of the institution or
association, including a foster caregiver, or a person residing in
the foster home, created a serious risk to the health or safety of a
child placed therein that resulted in or could have resulted in a
child's death or injury.

(5)
The department determines that the owner of the institution or
association or the foster caregiver does not meet the requirements of
section 2151.86, 5103.0310, or 5103.053 of the Revised Code.

(B)
In suspending a license under division (A) of this section, the
department shall comply with section 119.07 of the Revised Code. A
principal of an institution or association, including a foster
caregiver, may request an adjudicatory hearing before the department
pursuant to sections 119.06 and 119.12 of the Revised Code. If a
hearing is requested and the department does not issue its final
adjudication order within one hundred twenty days after the
suspension, the suspension is void on the one hundred twenty-first
day after the suspension, unless the hearing on the suspension is
continued on agreement by the parties or for good cause.

(C)
A summary suspension imposed under this section shall remain in
effect until any of the following occurs:

(1)
The public children services agency completes its investigation of
the report pursuant to section 2151.421 of the Revised Code and
determines that all of the allegations are unsubstantiated.

(2)
All criminal charges are disposed of through dismissal or a finding
of not guilty.

(3)
The department issues pursuant to Chapter 119. of the Revised Code a
final order terminating the suspension.

(D)
An institution or association shall not have children placed in the
institution or association while a summary suspension remains in
effect. Upon the issuance of the order of suspension, the department
shall place a hold on the certificate or indicate that the
certificate is suspended in Ohio's statewide automated child welfare
information system.

(E)
The director of children and youth may adopt rules in accordance with
Chapter 119. of the Revised Code establishing standards and
procedures for the summary suspension of certificates.

(F)
This section does not limit the authority of the department to revoke
a certificate pursuant to section 5103.03 of the Revised Code.

(G)
As used in this section, "principal" means any of the
following:

(1)
The institution or association's administrator or director;

(2)
The institution or association's owners or partners;

(3)
Members of the institution or association's governing body;

(4)
A foster caregiver.

Sec.
5103.0329.
(A)

A
recommending agency may submit a request to the department of
children and youth, on a case-by-case basis only, to waive any
non-safety standards for a kinship caregiver seeking foster home
certification. Non-safety standards include training hours and other
requirements under sections 5103.031 and 5103.032 of the Revised Code
and standards established by rules adopted under sections 5103.03 and
5103.0316 of the Revised Code, in accordance with 42 U.S.C. 671
(a)(10).

(B)
"Kinship caregiver" has the same meaning as in section
5101.85 of the Revised Code.

Sec.
5103.0520.
(A)
As used in this section, "group home" has the same meaning
as "group home for children" in section 5103.05 of the
Revised Code.

(B)
Not later than two hundred seventy days after the effective date of
this section, the director of children and youth shall adopt rules in
accordance with Chapter 119. of the Revised Code to establish
requirements regarding all of the following for group homes:

(1)
The use of the Ohio professional registry, as operated by the Ohio
child care resource and referral association or its successor
organization or entity, to complete background checks or criminal
records checks pursuant to section 2151.86, 5103.037, 5103.0310, or
5103.053 of the Revised Code for any owner, board president,
administrator, officer, operator, staff, volunteer, intern, and
subcontractor of a group home;

(2)
Training on behavioral intervention, including the use of
de-escalation, for all new and existing individuals working at a
group home;

(3)
The supervision of children, including a ratio of at least one staff
person for every seven children or, if the group home accepts
placement of fewer than seven children, one staff person for every
six children.

(C)
The operator of a group home shall comply with the ratio requirements
established in rules adopted under division (B)(3) of this section as
a requirement for certification.

(D)
The director of children and youth may suspend or revoke the
certificate of a group home in accordance with Chapter 119. of the
Revised Code for any violation under this section or rules adopted
under this section.

Sec.
5103.09.
(A)
As used in this section, "Title IV-E agency" has the same
meaning as in section 5101.132 of the Revised Code.

(B)
Upon receiving the care and placement of a child, a Title IV-E agency
shall determine if the child is eligible for or receiving benefits
administered by the United States social security administration, the
United States department of veterans affairs, the Ohio public
employee retirement system, the Ohio police and fire pension fund,
the state teachers retirement system of Ohio, the school employees
retirement system of Ohio, or the Ohio highway patrol retirement
system. If the child is eligible for or receiving such benefits, the
agency shall not use the child's benefits to pay for or reimburse the
agency, county, or state for any cost of the child's care.

(C)
The director of children and youth may adopt rules in accordance with
section 111.15 of the Revised Code to implement this section,
including the establishment of new procedures necessary to assist a
Title IV-E agency in complying with this section.

Sec.
5103.15.
(A)(1)
The parents, guardian, or other persons having the custody of a child
may enter into an agreement with any public children services agency
or private child placing agency, whereby the child is placed without
the approval of the juvenile court in the temporary custody of the
agency for a period of time of up to thirty days, except that an
agreement for temporary custody can be for a period of time of up to
sixty days without court approval if the agreement is executed solely
for the purpose of obtaining the adoption of a child who is less than
six months of age on the date of the execution of the agreement.

(2)
Except as provided in division (A)(3) of this section for agreements
entered into to obtain the adoption of a child under the age of six
months, any public children services agency or private child placing
agency that obtains, without court approval, temporary custody of a
child pursuant to an agreement executed in accordance with this
division may request the juvenile court of the county in which the
child has a residence or legal settlement for an original thirty-day
extension of the temporary custody agreement. Upon the filing of a
request for the extension of the temporary custody agreement, the
juvenile court shall determine whether the extension is in the best
interest of the child and may extend the temporary custody agreement
for a period of thirty days beyond the initial thirty-day period for
which court approval is not required by this division. The agency
requesting the original extension shall file a case plan, prepared
pursuant to section 2151.412 of the Revised Code, with the court at
the same time that it files its request for an extension.

At
the expiration of the original thirty-day extension period, the
agency may request the juvenile court to grant an additional
thirty-day extension of the temporary custody agreement. Upon the
filing of the request for the additional extension, the juvenile
court may extend the temporary custody agreement for a period of
thirty days beyond the original thirty-day extension period if it
determines that the additional extension is in the best interest of
the child. The agency shall file an updated version of the child's
case plan at the same time that it files its request for an
additional extension.

At
the expiration of an additional thirty-day extension period and at
the expiration of the original thirty-day extension period if the
agency does not request an additional thirty-day extension, the
agency shall either return the child to the child's parents,
guardian, or other person having custody of the child or file a
complaint with the court pursuant to section 2151.27 of the Revised
Code requesting temporary or permanent custody of the child. The
complaint shall be accompanied by a case plan prepared in accordance
with section 2151.412 of the Revised Code.

(3)
Any public children services agency or private child placing agency
that obtains, without court approval and solely for the purpose of
obtaining the adoption of the child, temporary custody of a child who
is under the age of six months pursuant to an agreement executed in
accordance with this division may request the juvenile court in the
county in which the child has a residence or legal settlement to
grant a thirty day extension of the temporary custody agreement. Upon
the filing of the request, the court shall determine whether the
extension is in the best interest of the child and may extend the
temporary custody agreement for a period of thirty days beyond the
sixty day period for which the court approval is not required by this
division. The agency requesting the extension shall file a case plan,
prepared pursuant to section 2151.412 of the Revised Code, with the
court at the same time that it files its request for an extension.

At
the expiration of the thirty day extension, the agency shall either
return the child to the parents, guardian, or other person having
custody of the child or file a complaint with the court pursuant to
section 2151.27 of the Revised Code requesting temporary or permanent
custody of the child. The complaint shall be accompanied by a case
plan prepared in accordance with section 2151.412 of the Revised
Code.

(B)(1)
Subject to juvenile court approval, the following may enter into an
agreement with a public children services agency or private child
placing agency surrendering the child into the permanent custody of
that agency:

(a)
The parents, guardian, or other persons having custody of the child;

(b)
The parents of a child who is in the temporary custody of a public
children services agency or private child placing agency.

(2)
An agency that enters into an agreement under division (B)(1) of this
section may take and care for the child or place the child in a
family home.

(3)
A private child placing agency or public children services agency
that seeks permanent custody of a child pursuant to division (B)(1)
of this section shall file a request with the juvenile court of the
county in which the child has a residence or legal settlement for
approval of the agency's permanent surrender agreement with the
parents, guardian, or other persons having custody of the child. Not
later than fourteen business days after the request is filed, the
juvenile court shall determine whether the permanent surrender
agreement is in the best interest of the child. The court may approve
the permanent surrender agreement if it determines that the agreement
is in the best interest of the child and, in the case of an agreement
between a parent and an agency, the requirements of section 5103.151
of the Revised Code are met. The agency requesting the approval of
the permanent surrender agreement shall file with the court an
original or amended case plan, prepared pursuant to section 2151.412
of the Revised Code, at the same time that it files its request for
the approval of the permanent surrender agreement.

(4)
Notwithstanding division (B)(1) of this section, the parents of a
child less than six months of age may enter into an agreement with a
private child placing agency surrendering the child into the
permanent custody of the agency without juvenile court approval if
the agreement is executed solely for the purpose of obtaining the
adoption of the child. The agency shall, not later than two business
days after entering into the agreement, notify the juvenile court.
The agency also shall notify the court not later than two business
days after the agency places the child for adoption. The court shall
journalize the notices it receives under division (B)(4) of this
section.

(C)
The agreements provided for in this section shall be in writing, on
forms prescribed and furnished by the department

of
children and youth
,
and may contain any proper and legal stipulations for proper care of
the child, and may authorize the public children services agency or
private child placing agency when such agreements are for permanent
care and custody to appear in any proceeding for the legal adoption
of the child, and consent to the child's adoption, as provided in
section 3107.06 of the Revised Code. If an agreement for permanent
care and custody of a child is executed, social and medical histories
shall be completed in relation to the child in accordance with
section 3107.09 of the Revised Code. The adoption order of the
probate court judge made upon the consent shall be binding upon the
child and the child's parents, guardian, or other person, as if those
persons were personally in court and consented to the order, whether
made party to the proceeding or not.

(D)
An agreement entered into under this section by a parent under age
eighteen is as valid as an agreement entered into by a parent age
eighteen or older.

Sec.
5103.155.
As
used in this section, "children with special needs" has the
same meaning as in rules adopted under section 5153.163 of the
Revised Code.

If
the department of
job
and family services
children
and youth
determines
that money in the putative father registry fund created under section
2101.16 of the Revised Code is more than is needed to perform its
duties related to the putative father registry, the department may

transfer

use

surplus
moneys in the fund to
the
department of children and youth to
promote
adoption of children with special needs.

Sec.
5103.18.
(A)(1)
Prior to certification as a foster home under section 5103.03 of the
Revised Code, a recommending agency shall obtain a summary report of
a search of the uniform statewide automated child welfare information
system, established under section
5101.13

5180.40

of
the Revised Code, from an entity listed in section
5101.132

5180.402

of
the Revised Code.

(2)
Whenever a prospective foster parent or any other person eighteen
years of age or older who resides with a prospective foster parent
has resided in another state within the five-year period immediately
prior to the date on which a criminal records check is requested for
the person under division (A) of section 2151.86 of the Revised Code,
the recommending agency shall request a check of the central registry
of abuse and neglect of this state from the department of children
and youth regarding the prospective foster parent or the person
eighteen years of age or older who resides with the prospective
foster parent to enable the agency to check any child abuse and
neglect registry maintained by that other state. The recommending
agency shall make the request and shall review the results of the
check before the prospective foster parent may be finally approved
for placement of a child. Information received pursuant to such a
request shall be considered for purposes of this chapter as if it
were a summary report required under division (A) of this section.
The department of children and youth shall comply with any request to
check the central registry that is similar to the request described
in this division and that is received from any other state.

(B)(1)
The summary report required under division (A) of this section shall
contain, if applicable, a chronological list of abuse and neglect
determinations or allegations of which a person seeking to become a
foster caregiver of a child is subject and in regards to which a
public children services agency has done one of the following:

(a)
Determined that abuse or neglect occurred;

(b)
Initiated an investigation, and the investigation is ongoing;

(c)
Initiated an investigation, and the agency was unable to determine
whether abuse or neglect occurred.

(2)
The summary report required under division (A) of this section shall
not contain any of the following:

(a)
An abuse and neglect determination of which a person seeking to
become a foster caregiver of a child is subject and in regards to
which a public children services agency determined that abuse or
neglect did not occur;

(b)
Information or reports the dissemination of which is prohibited by,
or interferes with eligibility under, the "Child Abuse
Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C. 5101
et seq., as amended;

(c)
The name of the person who or entity that made, or participated in
the making of, the report of abuse or neglect.

(C)(1)
A foster home certification may be denied based on a summary report
containing the information described under division (B)(1)(a) of this
section, when considered within the totality of the circumstances.

(2)
A foster home certification shall not be denied solely based on a
summary report containing the information described under division
(B)(1)(b) or (c) of this section.

(D)
The director of children and youth shall adopt rules in accordance
with Chapter 119. of the Revised Code necessary for the
implementation and execution of this section.

Sec.
5103.30.
The
Ohio child welfare training program is hereby established in the
department of children and youth as a statewide program. The program
shall provide all of the following:

(A)
The training that section 3107.014 of the Revised Code requires an
assessor to complete;

(B)
The preplacement training that sections 5103.031 and 5103.033 of the
Revised Code require a prospective foster caregiver to complete;

(C)
The continuing training that sections 5103.032 and 5103.033 of the
Revised Code require a foster caregiver to complete;

(D)
The training that section 5153.122 of the Revised Code requires a
PCSA caseworker to complete;

(E)
The training that section 5153.123 of the Revised Code requires a
PCSA caseworker supervisor to complete;

(F)
The training required under section
5101.1414

5180.4211

of
the Revised Code for a case manager and supervisor.

Sec.
5103.32.
(A)
As used in this section:

(1)
"Title IV-B" means Title IV-B of the "Social Security
Act of 1967," 81 Stat. 821, 42 U.S.C. 620, as amended.

(2)
"Title IV-E" means Title IV-E of the "Social Security
Act," 94 Stat. 501, 42 U.S.C. 670(1980).

(3)
"Title XX" has the same meaning as in section 5101.46 of
the Revised Code.

(B)
For purposes of adequately funding the Ohio child welfare training
program, the department of children and youth may use any of the
following:

(1)
The federal financial participation funds withheld pursuant to
division (E) of section
5101.141

5180.42

of
the Revised Code in an amount determined by the department;

(2)
Funds available under Title XX, Title IV-B, and Title IV-E to pay for
training costs;

(3)
Other available state or federal funds;

(4)
Funds that a person, including a foundation, makes available for the
program.

Sec.
5103.41.
The
department of
job
and family services
children
and youth
,
in consultation with the Ohio child welfare training program steering
committee, shall designate training regions in the state. The
department

of
children and youth
,
at times it selects, shall review the composition of the training
regions. The committee, at times it selects, shall also review the
training regions' composition and provide the department
recommendations on changes. The department
of
children and youth
may
change the composition of the training regions as the department
considers necessary.

The
department may make a grant to a public children services agency that
establishes and maintains a regional training center under this
section for the purpose of wholly or partially subsidizing the
operation of the center. The department shall specify in the grant
all of the center's duties, including the duties specified in section
5103.42 of the Revised Code.

Sec.
5104.01.
As
used in this chapter:

(A)
"Administrator" means the person responsible for the daily
operation of a center, type A home, or approved child day camp. The
administrator and the owner may be the same person.

(B)
"Approved child day camp" means a child day camp approved
pursuant to section 5104.22 of the Revised Code.

(C)
"Authorized representative" means an individual employed by
a center, type A home, or approved child day camp that is owned by a
person other than an individual and who is authorized by the owner to
do all of the following:

(1)
Communicate on the owner's behalf;

(2)
Submit on the owner's behalf applications for licensure or approval;

(3)
Enter into on the owner's behalf provider agreements for publicly
funded child care.

(D)
"Border state child care provider" means a child care
provider that is located in a state bordering Ohio and that is
licensed, certified, or otherwise approved by that state to provide
child care funded by the child care block grant act.

(E)
"Career pathways model" means an alternative pathway to
meeting the requirements to be a child care staff member or
administrator that does both of the following:

(1)
Uses a framework approved by the director of children and youth to
document formal education, training, experience, and specialized
credentials and certifications;

(2)
Allows the child care staff member or administrator to achieve a
designation as an early childhood professional level one, two, three,
four, five, or six.

(F)
"Caretaker parent" means the father or mother of a child
whose presence in the home is needed as the caretaker of the child, a
person who has legal custody of a child and whose presence in the
home is needed as the caretaker of the child, a guardian of a child
whose presence in the home is needed as the caretaker of the child,
and any other person who stands in loco parentis with respect to the
child and whose presence in the home is needed as the caretaker of
the child.

(G)
"Chartered nonpublic school" means a school that meets
standards for nonpublic schools prescribed by the director of
education and workforce for nonpublic schools pursuant to section
3301.07 of the Revised Code.

(H)
"Child" includes an infant, toddler, preschool-age child,
or school-age child.

(I)
"Child care block grant act" means the "Child Care and
Development Block Grant Act of 2014," 128 Stat. 1971 (2014), 42
U.S.C. 9858, as amended.

(J)
"Child day camp" means a program in which only school-age
children attend or participate, that operates for no more than twelve
hours per day and no more than fifteen weeks during the summer. For
purposes of this division, the maximum twelve hours of operation time
does not include transportation time from a child's home to a child
day camp and from a child day camp to a child's home.

(K)
"Child care" means all of the following:

(1)
Administering to the needs of infants, toddlers, preschool-age
children, and school-age children outside of school hours;

(2)
By persons other than their parents, guardians, or custodians;

(3)
For part of the twenty-four-hour day;

(4)
In a place other than a child's own home, except that an in-home aide
provides child care in the child's own home;

(5)
By a provider required by this chapter to be licensed or approved by
the department of children and youth, certified by a county
department of job and family services, or under contract with the
department to provide publicly funded child care as described in
section 5104.32 of the Revised Code.

(L)
"Child care center" and "center" mean any place
that is not the permanent residence of the licensee or administrator
in which child care or publicly funded child care is provided for
seven or more children at one time. "Child care center" and
"center" do not include any of the following:

(1)
A place located in and operated by a hospital, as defined in section
3727.01 of the Revised Code, in which the needs of children are
administered to, if all the children whose needs are being
administered to are monitored under the on-site supervision of a
physician licensed under Chapter 4731. of the Revised Code or a
registered nurse licensed under Chapter 4723. of the Revised Code,
and the services are provided only for children who, in the opinion
of the child's parent, guardian, or custodian, are exhibiting
symptoms of a communicable disease or other illness or are injured;

(2)
A child day camp;

(3)
A place that provides care, if all of the following apply:

(a)
An organized religious body provides the care;

(b)
A parent, custodian, or guardian of at least one child receiving care
is on the premises and readily accessible at all times;

(c)
The care is not provided for more than thirty days a year;

(d)
The care is provided only for preschool-age and school-age children.

(M)
"Child care resource and referral service organization"
means a community-based nonprofit organization that provides child
care resource and referral services but not child care.

(N)
"Child care resource and referral services" means all of
the following services:

(1)
Maintenance of a uniform data base of all child care providers in the
community that are in compliance with this chapter, including current
occupancy and vacancy data;

(2)
Provision of individualized consumer education to families seeking
child care;

(3)
Provision of timely referrals of available child care providers to
families seeking child care;

(4)
Recruitment of child care providers;

(5)
Assistance in developing, conducting, and disseminating training for
child care professionals and provision of technical assistance to
current and potential child care providers, employers, and the
community;

(6)
Collection and analysis of data on the supply of and demand for child
care in the community;

(7)
Technical assistance concerning locally, state, and federally funded
child care and early childhood education programs;

(8)
Stimulation of employer involvement in making child care more
affordable, more available, safer, and of higher quality for their
employees and for the community;

(9)
Provision of written educational materials to caretaker parents and
informational resources to child care providers;

(10)
Coordination of services among child care resource and referral
service organizations to assist in developing and maintaining a
statewide system of child care resource and referral services if
required by the department of children and youth;

(11)
Cooperation with the county department of job and family services in
encouraging the establishment of parent cooperative child care
centers and parent cooperative type A family child care homes.

(O)
"Child care staff member" means an employee of a child care
center, type A family child care home, licensed type B family child
care home, or approved child day camp who is primarily responsible
for the care and supervision of children. The administrator,
authorized representative, or owner may be a child care staff member
when not involved in other duties.

(P)
"Drop-in child care center," "drop-in center,"
"drop-in type A family child care home," and "drop-in
type A home" mean a center or type A home that provides child
care or publicly funded child care for children on a temporary,
irregular basis.

(Q)

"Early
learning and development program" has the same meaning as
"licensed child care program."

(R)

"Employee"
means a person who either:

(1)
Receives compensation for duties performed in a child care center,
type A family child care home, licensed type B family child care
home, or approved child day camp;

(2)
Is assigned specific working hours or duties in a child care center,
type A family child care home, licensed type B family child care
home, or approved child day camp.

(R)
(S)

"Employer" means a person, firm, institution, organization,
or agency that operates a child care center, type A family child care
home, licensed type B family child care home, or approved child day
camp subject to licensure or approval under this chapter.

(S)
(T)

"Federal poverty line" means the official poverty guideline
as revised annually in accordance with section 673(2) of the "Omnibus
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.
9902, as amended, for a family size equal to the size of the family
of the person whose income is being determined.

(T)
(U)

"Head start program" means a school-readiness program that
satisfies all of the following:

(1)
Is for children from birth to age five who are from low-income
families;

(2)
Receives funds distributed under the "Improving Head Start for
School-Readiness Act of 2007," 42 U.S.C. 9831, as amended;

(3)
Is licensed as a child care program.

(U)
(V)

"Home education" has the same meaning as in section
3321.042 of the Revised Code.

(V)
(W)

"Home education learning pod" means a voluntary association
of parents who direct their children's education through home
education and includes the following characteristics:

(1)
The parents choose to group their children together in a home or
other location at various times, which may include hours when home
education is not provided.

(2)
The pod includes only the parents' children who are receiving home
education, except that it also may include siblings of those
children, or other children who are under the care of the parents,
regardless of age.

(3)
At least one parent of any of the children participating in the pod
must be on the premises while the pod is meeting.

(W)
(X)

"Homeless child care" means child care provided to a child
who satisfies any of the following:

(1)
Is homeless as defined in 42 U.S.C. 11302;

(2)
Is a homeless child or youth as defined in 42 U.S.C. 11434a;

(3)
Resides temporarily with a caretaker in a facility providing
emergency shelter for homeless families or is determined by a county
department of job and family services to be homeless.

(X)
(Y)

"Income" means gross income, as defined in section 5107.10
of the Revised Code, less any amounts required by federal statutes or
regulations to be disregarded.

(Y)
(Z)

"Indicator checklist" means an inspection tool, used in
conjunction with an instrument-based program monitoring information
system, that contains selected licensing requirements that are
statistically reliable indicators or predictors of a child care
center's, type A family child care home's, or licensed type B family
child care home's compliance with licensing requirements.

(Z)
(AA)

"Infant" means a child who is less than eighteen months of
age.

(AA)
(BB)

"In-home aide" means a person who does not reside with the
child but provides care in the child's home and is certified by a
county director of job and family services pursuant to section
5104.12 of the Revised Code to provide publicly funded child care to
a child in a child's own home pursuant to this chapter and any rules
adopted under it.

(BB)
(CC)

"Instrument-based program monitoring information system"
means a method to assess compliance with licensing requirements for
child care centers, type A family child care homes, and licensed type
B family child care homes in which each licensing requirement is
assigned a weight indicative of the relative importance of the
requirement to the health, growth, and safety of the children that is
used to develop an indicator checklist.

(CC)
(DD)

"License capacity" means the maximum number in each age
category of children who may be cared for in a child care center,
type A family child care home, or licensed type B family child care
home at one time as determined by the director of children and youth
considering building occupancy limits established by the department
of commerce, amount of available indoor floor space and outdoor play
space, and amount of available play equipment, materials, and
supplies.

(DD)
(EE)

"Licensed child care program" means any of the following:

(1)
A child care center licensed by the department of children and youth
pursuant to this chapter;

(2)
A type A family child care home or type B family child care home
licensed by the department of children and youth pursuant to this
chapter;

(3)
A licensed preschool program or licensed school child program.

(EE)
(FF)

"Licensed preschool program" or "licensed school child
program" means a preschool program or school child program, as
defined in section 3301.52 of the Revised Code, that is licensed by
the department of children and youth pursuant to sections 3301.52 to
3301.59 of the Revised Code.

(FF)
(GG)

"Licensed type B family child care home" and "licensed
type B home" mean a type B family child care home for which
there is a valid license issued by the director of children and youth
pursuant to section 5104.03 of the Revised Code.

(GG)
(HH)

"Licensee" means the owner of a child care center, type A
family child care home, or type B family child care home that is
licensed pursuant to this chapter and who is responsible for ensuring
compliance with this chapter and rules adopted pursuant to this
chapter.

(HH)
(II)

"Operate a child day camp" means to operate, establish,
manage, conduct, or maintain a child day camp.

(II)
(JJ)

"Owner" includes a person, as defined in section 1.59 of
the Revised Code, or government entity.

(JJ)
(KK)

"Parent cooperative child care center," "parent
cooperative center," "parent cooperative type A family
child care home," and "parent cooperative type A home"
mean a corporation or association organized for providing educational
services to the children of members of the corporation or
association, without gain to the corporation or association as an
entity, in which the services of the corporation or association are
provided only to children of the members of the corporation or
association, ownership and control of the corporation or association
rests solely with the members of the corporation or association, and
at least one parent-member of the corporation or association is on
the premises of the center or type A home during its hours of
operation.

(KK)
(LL)

"Part-time child care center," "part-time center,"
"part-time type A family child care home," and "part-time
type A home" mean a center or type A home that provides child
care or publicly funded child care for not more than four hours a day
for any child or not more than fifteen consecutive weeks per year,
regardless of the number of hours per day.

(LL)
(MM)

"Place of worship" means a building where activities of an
organized religious group are conducted and includes the grounds and
any other buildings on the grounds used for such activities.

(MM)
(NN)

"Preschool-age child" means a child who is three years old
or older but is not a school-age child.

(NN)
(OO)

"Protective child care" means publicly funded child care
for the direct care and protection of a child to whom all of the
following apply:

(1)
A case plan has been prepared and maintained for the child pursuant
to section 2151.412 of the Revised Code.

(2)
The case plan indicates a need for protective care.

(3)
The child resides with a parent, stepparent, guardian, or another
person who stands in loco parentis as defined in rules adopted under
section 5104.38 of the Revised Code.

(OO)
(PP)

"Publicly funded child care" means administering to the
needs of infants, toddlers, preschool-age children, and school-age
children under age thirteen during any part of the twenty-four-hour
day by persons other than their caretaker parents for remuneration
wholly or in part with federal or state funds, including funds
available under the child care block grant act, Title IV-A, and Title
XX, distributed by the department of children and youth.

(PP)
(QQ)

"Religious activities" means any of the following: worship
or other religious services; religious instruction; Sunday school
classes or other religious classes conducted during or prior to
worship or other religious services; youth or adult fellowship
activities; choir or other musical group practices or programs;
meals; festivals; or meetings conducted by an organized religious
group.

(QQ)
(RR)

"School-age child" means a child who is enrolled in or is
eligible to be enrolled in a grade of kindergarten or above but is
less than fifteen years old or, in the case of a child who is
receiving special needs child care, is less than eighteen years old.

(RR)
(SS)

"Serious risk noncompliance" means a licensure or
certification rule violation that leads to a great risk of harm to,
or death of, a child, and is observable, not inferable.

(SS)
(TT)

"Special needs child care" means child care provided to a
child who is less than eighteen years of age and either has one or
more chronic health conditions or does not meet age appropriate
expectations in one or more areas of development, including social,
emotional, cognitive, communicative, perceptual, motor, physical, and
behavioral development and that may include on a regular basis such
services, adaptations, modifications, or adjustments needed to assist
in the child's function or development.

(TT)
(UU)

"Title IV-A" means Title IV-A of the "Social Security
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.

(UU)
(VV)

"Title XX" means Title XX of the "Social Security
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.

(VV)
(WW)

"Toddler" means a child who is at least eighteen months of
age but less than three years of age.

(WW)
(XX)

"Type A family child care home" and "type A home"
mean the permanent residence of the administrator in which child care
or publicly funded child care is provided for
seven

eight

to

twelve

fourteen

children
at one time or a permanent residence of the administrator in which
child care is provided for four to
twelve

fourteen

children
at one time if four or more children at one time are under two years
of age
,
provided that if the number of children under the age of two years at
one time is greater than three or the total number of children at one
time is greater than seven, an additional adult shall be present
.
In counting children for the purposes of this division, any children
under six years of age who are related to a licensee, administrator,
or employee and who are on the premises of the type A home shall be
counted. "Type A family child care home" and "type A
home" do not include any child day camp.

(XX)
(YY)

"Type B family child care home" and "type B home"
mean a permanent residence of the provider in which care is provided
for one to
six

seven

children
at one time and in which no more than three children are under two
years of age at one time. In counting children for the purposes of
this division, any children under six years of age who are related to
the provider and who are on the premises of the type B home shall be
counted. "Type B family child care home" and "type B
home" do not include any child day camp.

Sec.
5104.12.
(A)(1)
A county director of job and family services may certify in-home
aides to provide publicly funded child care pursuant to this chapter
and any rules adopted under it. Any in-home aide who receives a
certificate pursuant to this section to provide publicly funded child
care is an independent contractor and is not an employee of the
county department of job and family services that issues the
certificate.

(2)
Every person desiring to receive certification as an in-home aide
shall apply for certification to a county director of job and family
services on such forms as the director of children and youth
prescribes. A county director shall provide at no charge to each
applicant a copy of rules for certifying in-home aides adopted
pursuant to this chapter.

(B)
To be eligible for certification as an in-home aide, a person shall
not be either of the following:

(1)
The owner of a center or home whose license was revoked pursuant to
section 5104.04 of the Revised Code within the previous five years;

(2)
An in-home aide whose certificate was revoked under division (C)(2)
of this section within the previous five years.

(C)(1)
If the county director of job and family services determines that the
applicant complies with this chapter and any rules adopted under it,
the county director shall certify the person as an in-home aide and
issue the person a certificate to provide publicly funded child care

for
twenty-four months
.
The county director shall furnish a copy of the certificate to the
parent, custodian, or guardian. The certificate shall state the name
and address of the in-home aide
,
the expiration date of the certification,

and the name and telephone number of the county director who issued
the certificate.

(2)
The county director may revoke the certificate in either of the
following circumstances:

(a)
The county director determines, pursuant to rules adopted under
Chapter 119. of the Revised Code, that revocation is necessary;

(b)
The in-home aide does not comply with division (C)(2) of section
5104.32 of the Revised Code.

(D)(1)
The county director of job and family services shall inspect every
home of a child who is receiving publicly funded child care in the
child's own home while the in-home aide is providing the services.
Inspections may be unannounced. Upon receipt of a complaint, the
county director shall investigate the in-home aide, shall investigate
the home of a child who is receiving publicly funded child care in
the child's own home, and division (D)(2) of this section applies
regarding the complaint. The caretaker parent shall permit the county
director to inspect any part of the child's home. The county director
shall prepare a written inspection report and furnish one copy each
to the in-home aide and the caretaker parent within a reasonable time
after the inspection.

(2)
Upon receipt of a complaint as described in division (D)(1) of this
section, in addition to the investigations that are required under
that division, both of the following apply:

(a)
If the complaint alleges that a child suffered physical harm while
receiving publicly funded child care in the child's own home from an
in-home aide or that the noncompliance with law or act alleged in the
complaint involved, resulted in, or poses a substantial risk of
physical harm to a child receiving publicly funded child care in the
child's own home from an in-home aide, the county director shall
inspect the home of the child.

(b)
If division (D)(2)(a) of this section does not apply regarding the
complaint, the county director may inspect the home of the child.

(3)
Division (D)(2) of this section does not limit, restrict, or negate
any duty of the county director to inspect a home of a child who is
receiving publicly funded child care from an in-home aide that
otherwise is imposed under this section, or any authority of the
county director to inspect such a home that otherwise is granted
under this section when the county director believes the inspection
is necessary and it is permitted under the grant.

Sec.
5104.29.
(A)

As
used in this section, "early learning and development program"
has the same meaning as "licensed child care program" as
defined in section 5104.01 of the Revised Code.

(B)

There
is hereby created in the department of children and youth the step up
to quality program, under which the department of children and youth,
in cooperation with the department of education and workforce, shall
develop a tiered quality rating and improvement system for all early
learning and development programs in this state. The step up to
quality program shall include all of the following components:

(1)
Quality program standards for early learning and development
programs;

(2)
Accountability measures that include tiered ratings representing each
program's level of quality;

(3)
Program and provider outreach and support to help programs meet
higher standards and promote participation in the step up to quality
program;

(4)
Financial incentives for early learning and development programs that
provide publicly funded child care and are linked to achieving and
maintaining quality standards;

(5)
Parent and consumer education to help parents learn about program
quality and ratings so they can make informed choices on behalf of
their children.

(C)
(B)

The step up to quality program shall have the following goals:

(1)
Increasing the number of low-income children, special needs children,
and children with limited English proficiency participating in
quality early learning and development programs;

(2)
Providing families with an easy-to-use tool for evaluating the
quality of early learning and development programs;

(3)
Recognizing and supporting early learning and development programs
that achieve higher levels of quality;

(4)
Providing incentives and supports to help early learning and
development programs implement continuous quality improvement
systems.

(D)
(C)

Under the step up to quality program, participating early learning
and development programs may be eligible for grants, technical
assistance, training, and other assistance. Programs that maintain a
quality rating may be eligible for unrestricted monetary awards.

(E)
(D)

The tiered ratings developed pursuant to this section shall be based
on an early learning and development program's performance in meeting
program standards in the following four domains:

(1)
Learning and development;

(2)
Administration and leadership practices;

(3)
Staff quality and professional development;

(4)
Family and community partnerships.

The
ratings developed under this section shall not take into
consideration whether an administrator or employee of an early
learning and development program holds or obtains a bachelor's,
master's, or doctoral degree.

(F)
(E)

The director of children and youth, in collaboration with the
director of education and workforce, shall adopt rules in accordance
with Chapter 119. of the Revised Code to implement the step up to
quality program described in this section.

Sec.
5104.30.
(A)
The department of children and youth is hereby designated as the
state agency responsible for administration and coordination of
federal and state funding for publicly funded child care in this
state. Publicly funded child care shall be provided to the following:

(1)
Recipients of transitional child care as provided under section
5104.34 of the Revised Code;

(2)
Participants in the Ohio works first program established under
Chapter 5107. of the Revised Code;

(3)
Individuals who would be participating in the Ohio works first
program if not for a sanction under section 5107.16 of the Revised
Code and who continue to participate in a work activity,
developmental activity, or alternative work activity pursuant to an
assignment under section 5107.42 of the Revised Code;

(4)
A family receiving publicly funded child care on October 1, 1997,
until the family's income reaches one hundred fifty per cent of the
federal poverty line;

(5)
Subject to available funds, other individuals determined eligible in
accordance with rules adopted under section 5104.38 of the Revised
Code.

The
department shall apply to the United States department of health and
human services for authority to operate a coordinated program for
publicly funded child care, if the director of children and youth
determines that the application is necessary. For purposes of this
section, the department of children and youth may enter into
agreements with other state agencies that are involved in regulation
or funding of child care. The department shall consider the special
needs of migrant workers when it administers and coordinates publicly
funded child care and shall develop appropriate procedures for
accommodating the needs of migrant workers for publicly funded child
care.

(B)
The department of children and youth shall distribute state and
federal funds for publicly funded child care, including
appropriations of state funds for publicly funded child care and
appropriations of federal funds available under the child care block
grant act, Title IV-A, and Title XX. The department may use any state
funds appropriated for publicly funded child care as the state share
required to match any federal funds appropriated for publicly funded
child care.

(C)
In the use of federal funds available under the child care block
grant act, all of the following apply:

(1)
The department may use the federal funds to hire staff to prepare any
rules required under this chapter and to administer and coordinate
federal and state funding for publicly funded child care.

(2)
Not more than five per cent of the aggregate amount of the federal
funds received for a fiscal year may be expended for administrative
costs.

(3)
The department shall allocate and use at least four per cent of the
federal funds for the following:

(a)
Activities designed to provide comprehensive consumer education to
parents and the public;

(b)
Activities that increase parental choice;

(c)
Activities, including child care resource and referral services,
designed to improve the quality, and increase the supply, of child
care;

(d)
Establishing the step up to quality program pursuant to section
5104.29 of the Revised Code.

(4)
The department shall ensure that the federal funds will be used only
to supplement, and will not be used to supplant, federal, state, and
local funds available on the effective date of the child care block
grant act for publicly funded child care and related programs. If
authorized by rules adopted by the department pursuant to section
5104.42 of the Revised Code, county departments of job and family
services may purchase child care from funds obtained through any
other means.

(D)
The department shall encourage the development of suitable child care
throughout the state, especially in areas with high concentrations of
recipients of public assistance and families with low incomes. The
department shall encourage the development of suitable child care
designed to accommodate the special needs of migrant workers. On
request, the department, through its employees or contracts with
state or community child care resource and referral service
organizations, shall provide consultation to groups and individuals
interested in developing child care. The department of children and
youth may enter into interagency agreements with the department of
education and workforce, the chancellor of higher education, the
department of development, and other state agencies and entities
whenever the cooperative efforts of the other state agencies and
entities are necessary for the department of children and youth to
fulfill its duties and responsibilities under this chapter.

The
department shall develop and maintain a registry of persons providing
child care. The director shall adopt rules in accordance with Chapter
119. of the Revised Code establishing procedures and requirements for
the registry's administration.

(E)(1)
The director shall adopt rules in accordance with Chapter 119. of the
Revised Code establishing both of the following:

(a)

Reimbursement

Payment

rates
for providers of publicly funded child care not later than the first
day of July in each odd-numbered year;

(b)
A procedure for
reimbursing
and
paying
providers of publicly funded child care.

(2)
In establishing
reimbursement

payment

rates
under division (E)(1)(a) of this section, the director shall do all
of the following:

(a)
Use the information obtained
from
the market rate survey developed and conducted
in
accordance with 45 C.F.R. 98.45;

(b)
Establish an enhanced
reimbursement

payment

rate
for providers who
provide
child care for
enroll
children whose
caretaker
parents
who

work
nontraditional hours;

(c)
With regard to the step up to quality program established pursuant to
section 5104.29 of the Revised Code, establish enhanced
reimbursement

payment

rates
for child care providers that participate in the program.

(3)
In establishing
reimbursement

payment

rates
under division (E)(1)(a) of this section, the director may establish
different
reimbursement

payment

rates
based on any of the following:

(a)
Geographic location of the provider;

(b)
Type of care provided;

(c)
Age of the child served;

(d)
Special needs of the child served;

(e)
Whether the expanded hours of service are provided;

(f)
Whether weekend service is provided;

(g)
Whether the provider has exceeded the minimum requirements of state
statutes and rules governing child care;

(h)
Any other factors the director considers appropriate.

Sec.
5104.302.
In
addition to establishing payment rates for publicly funded child care
providers in each odd-numbered year, as required by section 5104.30
of the Revised Code, the director of children and youth may contract
with a third-party entity to analyze information regarding the prices
charged for child care for the subsequent even-numbered year.

Sec.
5104.32.
(A)
All purchases of publicly funded child care shall be made under a
contract entered into by a licensed child care center, licensed type
A family child care home, licensed type B family child care home,
certified in-home aide, approved child day camp, licensed preschool
program, licensed school child program, or border state child care
provider and the department of children and youth. All contracts for
publicly funded child care shall be contingent upon the availability
of state and federal funds. The department shall prescribe a standard
form to be used for all contracts for the purchase of publicly funded
child care, regardless of the source of public funds used to purchase
the child care. To the extent permitted by federal law and
notwithstanding any other provision of the Revised Code that
regulates state contracts or contracts involving the expenditure of
state or federal funds, all contracts for publicly funded child care
shall be entered into in accordance with the provisions of this
chapter and are exempt from any other provision of the Revised Code
that regulates state contracts or contracts involving the expenditure
of state or federal funds.

(B)
Each contract for publicly funded child care shall specify at least
the following:

(1)
That the provider of publicly funded child care agrees to be paid
for
rendering services
at
the
lower
of the
rate

customarily
charged by the provider for children enrolled for child care or the
reimbursement rate of payment
established
pursuant to section 5104.30 of the Revised Code;

(2)

That,
if a provider provides child care to an individual potentially
eligible for publicly funded child care who is subsequently
determined to be eligible, the department agrees to pay for all child
care provided between the date the county department of job and
family services receives the individual's completed application and
the date the individual's eligibility is determined;

(3)

Whether
the county department of job and family services, the provider, or a
child care resource and referral service organization will make
eligibility determinations, whether the provider or a child care
resource and referral service organization will be required to
collect information to be used by the county department to make
eligibility determinations, and the time period within which the
provider or child care resource and referral service organization is
required to complete required eligibility determinations or to
transmit to the county department any information collected for the
purpose of making eligibility determinations;

(4)
(3)

That the provider, other than a border state child care provider,
shall continue to be licensed, approved, or certified pursuant to
this chapter and shall comply with all standards and other
requirements in this chapter and in rules adopted pursuant to this
chapter for maintaining the provider's license, approval, or
certification;

(5)
(4)

That, in the case of a border state child care provider, the provider
shall continue to be licensed, certified, or otherwise approved by
the state in which the provider is located and shall comply with all
standards and other requirements established by that state for
maintaining the provider's license, certificate, or other approval;

(6)

(5)

Whether
the provider will be paid by the department of children and youth or
in some other manner as prescribed by rules adopted under section
5104.42 of the Revised Code;

(7)

(6)

That
the contract is subject to the availability of state and federal
funds.

(C)(1)
The department shall establish an automated child care system to
track
child

attendance

and
enrollment
and
calculate payments for publicly funded child care.
Not
later than July 5, 2026, and thereafter, the department shall
calculate payments for publicly funded child care based on a child's
enrollment, as described in 45 C.F.R. 98.45(m), rather than on a
child's attendance.

(2)
Each eligible provider that provides publicly funded child care shall
participate in the automated child care system. A provider
participating in the system shall not do any of the following:

(a)
Use or have possession of a personal identification number or
password issued to a caretaker parent under the automated child care
system;

(b)
Falsify
child

attendance

or
enrollment
records;

(c)
Knowingly seek or accept payment for publicly funded child care
that
was not provided
for
a child not enrolled with the provider
or
for which the provider was not eligible;

(d)
Knowingly seek or accept payment for child care
provided
to
for

a
child who resides in the provider's own home.

(D)
The department may withhold any money due under this chapter and may
recover through any appropriate method any money erroneously paid
under this chapter if evidence demonstrates that a provider of
publicly funded child care failed to comply with either of the
following:

(1)
The terms of the contract entered into under this section;

(2)
This chapter or any rules adopted under it.

(E)
If the department has evidence that a provider has employed an
individual who is ineligible for employment under section 5104.013 of
the Revised Code and the provider has not released the individual
from employment upon notice that the individual is ineligible, the
department may terminate immediately the contract entered into under
this section to provide publicly funded child care.

(F)
Any decision by the department concerning publicly funded child care,
including the recovery of funds, overpayment determinations, and
contract terminations is final and is not subject to appeal, hearing,
or further review under Chapter 119. of the Revised Code.

Sec.
5104.34.
(A)(1)
Each county department of job and family services shall implement
procedures for making determinations of eligibility for publicly
funded child care. Under those procedures, the eligibility
determination for each applicant shall be made no later than thirty
calendar days from the date the county department receives a
completed application for publicly funded child care. Each applicant
shall be notified promptly of the results of the eligibility
determination. An applicant aggrieved by a decision or delay in
making an eligibility determination may appeal the decision or delay
to the department of children and youth in accordance with section
5101.35 of the Revised Code. The due process rights of applicants
shall be protected.

To
the extent permitted by federal law, the county department may make
all determinations of eligibility for publicly funded child care, may
contract with child care providers or child care resource and
referral service organizations for the providers or resource and
referral service organizations to make all or any part of the
determinations, and may contract with child care providers or child
care resource and referral service organizations for the providers or
resource and referral service organizations to collect specified
information for use by the county department in making
determinations. If a county department contracts with a child care
provider or a child care resource and referral service organization
for eligibility determinations or for the collection of information,
the contract shall require the provider or resource and referral
service organization to make each eligibility determination no later
than thirty calendar days from the date the provider or resource and
referral organization receives a completed application that is the
basis of the determination and to collect and transmit all necessary
information to the county department within a period of time that
enables the county department to make each eligibility determination
no later than thirty days after the filing of the application that is
the basis of the determination.

The
county department may station employees of the department in various
locations throughout the county to collect information relevant to
applications for publicly funded child care and to make eligibility
determinations. The county department, child care provider, and child
care resource and referral service organization shall make each
determination of eligibility for publicly funded child care no later
than thirty days after the filing of the application that is the
basis of the determination, shall make each determination in
accordance with any relevant rules adopted pursuant to section
5104.38 of the Revised Code, and shall notify promptly each applicant
for publicly funded child care of the results of the determination of
the applicant's eligibility.

The
director of children and youth shall adopt rules in accordance with
Chapter 119. of the Revised Code for monitoring the eligibility
determination process. In accordance with those rules, the state
department shall monitor eligibility determinations made by county
departments of job and family services and shall direct any entity
that is not in compliance with this division or any rule adopted
under this division to implement corrective action specified by the
department.

(2)(a)
All eligibility determinations for publicly funded child care shall
be made in accordance with rules adopted pursuant to division (A) of
section 5104.38 of the Revised Code. Except as otherwise provided in
this section, all of the following apply:

(i)
Publicly funded child care may be provided only to eligible infants,
toddlers, preschool-age children, school-age children under age
thirteen, or children receiving special needs child care.

(ii)
For an applicant to be eligible for publicly funded child care, the
caretaker parent must be employed or participating in a program of
education or training for an amount of time reasonably related to the
time that the parent's children are receiving publicly funded child
care. This restriction does not apply to families whose children are
eligible for protective child care.

(iii)
The eligibility period for publicly funded child care shall be at
least twelve months.

(b)

In
accordance with rules adopted under division (B) of section 5104.38
of the Revised Code, an applicant may receive publicly funded child
care while the county department determines eligibility. An applicant
may receive publicly funded child care while a county department
determines eligibility only once during a twelve-month period. If the
county department determines that an applicant is not eligible for
publicly funded child care, the child care provider shall be paid for
providing publicly funded child care for up to five days after that
determination if the county department received a completed
application with all required documentation. A program may appeal a
denial of payment under this division.

(c)

If
a caretaker parent who has been determined eligible to receive
publicly funded child care no longer meets the requirements of
division (A)(2)(a)(ii) of this section, the caretaker parent may
continue to receive publicly funded child care for a period of at
least three but not more than four months not to extend beyond the
caretaker parent's eligibility period.

(d)
(c)

If a child turns thirteen, or if a child receiving special needs
child care turns eighteen, during the eligibility period, the
caretaker parent may continue to receive publicly funded child care
until the end of that eligibility period.

Subject
to available funds, the department of children and youth shall allow
a family to receive publicly funded child care unless the family's
income exceeds the maximum income eligibility limit. Initial and
continued eligibility for publicly funded child care is subject to
available funds unless the family is receiving child care pursuant to
division (A)(1), (2), (3), or (4) of section 5104.30 of the Revised
Code. If the department must limit eligibility due to lack of
available funds, it shall give first priority for publicly funded
child care to an assistance group whose income is not more than the
maximum income eligibility limit that received transitional child
care in the previous month but is no longer eligible because the
eligibility period has expired. Such an assistance group shall
continue to receive priority for publicly funded child care until its
income exceeds the maximum income eligibility limit.

(3)
An assistance group that ceases to participate in the Ohio works
first program established under Chapter 5107. of the Revised Code is
eligible for transitional child care at any time during the
immediately following twelve-month period that both of the following
apply:

(a)
The assistance group requires child care due to employment;

(b)
The assistance group's income is not more than one hundred fifty per
cent of the federal poverty line.

An
assistance group ineligible to participate in the Ohio works first
program pursuant to section 5101.83 or section 5107.16 of the Revised
Code is not eligible for transitional child care.

(B)
To the extent permitted by federal law, the department of children
and youth may require a caretaker parent determined to be eligible
for publicly funded child care to pay a fee according to the schedule
of fees established in rules adopted under section 5104.38 of the
Revised Code. The department shall make protective child care
services and homeless child care services available to children
without regard to the income or assets of the caretaker parent of the
child.

(C)
A caretaker parent receiving publicly funded child care shall report
to the entity that determined eligibility any changes in status with
respect to employment or participation in a program of education or
training not later than ten calendar days after the change occurs.

(D)
If the department of children and youth determines that available
resources are not sufficient to provide publicly funded child care to
all eligible families who request it, the department may establish a
waiting list. The department may establish separate waiting lists
within the waiting list based on income.

(E)
A caretaker parent shall not receive publicly funded child care from
more than one child care provider per child during a week, unless a
county department grants the family an exemption for one of the
following reasons:

(1)
The child needs additional care during non-traditional hours;

(2)
The child needs to change providers in the middle of the week and the
hours of care provided by the providers do not overlap;

(3)
The child's provider is closed on scheduled school days off or on
calamity days.

(F)
As used in this section, "maximum income eligibility limit"
means the amount of income specified in rules adopted under division
(A) of section 5104.38 of the Revised Code.

Sec.
5104.36.
The
licensee or administrator of a child care center, type A family child
care home, or licensed type B family child care home, an in-home aide
providing child care services, the director or administrator of an
approved child day camp, and a border state child care provider shall
keep a record for each eligible child

enrolled
with the center, home, in-home aide, camp, or provider
,
to be made available to the county department of job and family
services or the department of children and youth on request. The
record shall include all of the following:

(A)
The name and date of birth of the child;

(B)
The name and address of the child's caretaker parent;

(C)
The name and address of the caretaker parent's place of employment or
program of education or training;

(D)
The hours for which
the
child has been enrolled with the center, home, in-home aide, camp, or
provider and the hours for which
child
care services have been provided for the child;

(E)
Any other information required by the county department of job and
family services or the department of children and youth.

Sec.
5104.37.
(A)
In addition to the duties described in division (D) of section
5104.30 of the Revised Code, the director of
job
and family services
children
and youth
shall
engage in activities to do the following:

(1)
Encourage the establishment and licensure of family
day-care

child
care
homes
in this state, especially in areas with the greatest need for child
care;

(2)
Connect families and caretaker parents in need of child care with
family
day-care

child
care
homes
not meeting the license capacity specified on their licenses, as
described in division (E) of section 5104.03 of the Revised Code.

(B)
The director may contract with one or more third-party entities to
assist the director in performing the duties described in division
(A) of this section.

(C)
Not later than May 30, 2023, and periodically thereafter, the
director shall submit to the general assembly a report documenting
any barriers that may prevent the establishment or licensure of
family
day-care

child
care
homes.
The director shall submit the required report in accordance with
section 101.68 of the Revised Code.

Sec.
5104.38.
In
addition to any other rules adopted under this chapter, the director
of children and youth shall adopt rules in accordance with Chapter
119. of the Revised Code governing financial and administrative
requirements for publicly funded child care and establishing all of
the following:

(A)
Procedures and criteria to be used in making determinations of
eligibility for publicly funded child care that give priority to
children of families with lower incomes and procedures and criteria
for eligibility for publicly funded protective child care or homeless
child care. The rules shall specify the maximum amount of income a
family may have for initial and continued eligibility. The maximum
amount shall not exceed three hundred per cent of the federal poverty
line. The rules may specify exceptions to the eligibility
requirements in the case of a family that previously received
publicly funded child care and is seeking to have the child care
reinstated after the family's eligibility was terminated.

(B)

Procedures
under which an applicant for publicly funded child care may receive
publicly funded child care while the county department of job and
family services determines eligibility and under which a child care
provider may appeal a denial of payment under division (A)(2)(b) of
section 5104.34 of the Revised Code;

(C)

A
schedule of fees requiring all eligible caretaker parents to pay a
fee for publicly funded child care according to income and family
size, which shall be uniform for all types of publicly funded child
care, except as authorized by rule, and, to the extent permitted by
federal law, shall permit the use of state and federal funds to pay
the customary deposits and other advance payments that a provider
charges all children who receive child care from that provider.

(D)
(C)

A formula for determining the amount of state and federal funds
appropriated for publicly funded child care that may be allocated to
a county department to use for administrative purposes;

(E)
(D)

Procedures to be followed by the department and county departments in
recruiting individuals and groups to become providers of child care;

(F)
(E)

Procedures to be followed in establishing state or local programs
designed to assist individuals who are eligible for publicly funded
child care in identifying the resources available to them and to
refer the individuals to appropriate sources to obtain child care;

(G)
(F)

Procedures to deal with fraud and abuse committed by either
recipients or providers of publicly funded child care;

(H)
(G)

Procedures for establishing a child care grant or loan program in
accordance with the child care block grant act;

(I)
(H)

Standards and procedures for applicants to apply for grants and
loans, and for the department to make grants and loans;

(J)
(I)

A definition of "person who stands in loco parentis" for
the purposes of division
(NN)(3)
(OO)(3)

of section 5104.01 of the Revised Code;

(K)
(J)

Procedures for a county department of job and family services to
follow in making eligibility determinations and redeterminations for
publicly funded child care available through telephone, computer, and
other means at locations other than the county department;

(L)
(K)

If the director establishes a different
reimbursement

payment

rate
under division (E)(3)(d) of section 5104.30 of the Revised Code,
standards and procedures for determining the amount of the higher
payment that is to be issued to a child care provider based on the
special needs of the child being served;

(M)
(L)

To the extent permitted by federal law, procedures for
enrolling
and
paying
for up to thirty days of child care for a child whose caretaker
parent is seeking employment, taking part in employment orientation
activities, or taking part in activities in anticipation of enrolling
in or attending an education or training program or activity, if the
employment or the education or training program or activity is
expected to begin within the thirty-day period;

(N)
(M)

Any other rules necessary to carry out sections 5104.30 to 5104.43 of
the Revised Code.

Sec.
5104.41.
A
child and the child's caretaker who are otherwise ineligible for
publicly funded child care are eligible for homeless child care for

the
lesser of the following:

(A)
Not more than ninety days;

(B)
The period of time they reside in a facility providing emergency
shelter for homeless families or the period of time in which the
county department determines they are homeless
twelve
months
.

Sec.
5104.53.
(A)
As used in this section:

(1)
"IEP" has the same meaning as in section 3323.01 of the
Revised Code.

(2)
"Resource caregiver" has the same meaning as in section
5103.02 of the Revised Code.

(B)
The early childhood education grant program is created in the
department of children and youth. Subject to available funds, the
program shall support and invest in early learning and development
programs operating in this state by awarding grants to programs that
meet the conditions of this section in an amount that corresponds to
the number of eligible children served by the programs.

(C)
To be eligible for a grant under this section, an early learning and
development program shall meet each of the following conditions:

(1)
The program is rated through the step up to quality program
established under section 5104.29 of the Revised Code at the tiered
rating specified by the department in rules adopted under this
section.

(2)
The program provides early learning and development services to one
or more preschool-age children described in division (D) of this
section.

(3)
The program meets any other eligibility condition specified by the
department in rules adopted under this section.

(D)
A preschool-age child who meets all of the following conditions, as
determined by a county department of job and family services, is
eligible to participate in the early childhood education grant
program if a slot is available:

(1)
Either the amount of the child's family income does not exceed two
hundred per cent of the federal poverty line or the child meets one
of the following conditions:

(a)
An IEP has been developed for the child;

(b)
The child is placed with a resource caregiver as described in Chapter
5103. of the Revised Code, with such placement documented by either a
family case plan or kinship permanency incentive payments;

(c)
The child is homeless as described in division (V) of section 5104.01
of the Revised Code.

(2)
The child is a citizen of the United States or a qualified alien.

(3)
The child meets any other eligibility condition specified by the
department in rules adopted under this section.

(E)
Any funds appropriated to the department for purposes of the early
childhood education grant program shall be used as follows:

(1)
In each fiscal year, not more than two per cent of appropriated funds
shall be used for program support and technical assistance.

(2)
Appropriated funds other than those described in division (E)(1) of
this section shall be distributed to grant recipients.

(F)
In accordance with Chapter 119. of the Revised Code, the director
shall adopt rules to implement this section and administer the early
childhood education grant program, including rules addressing all of
the following topics:

(1)
Eligibility conditions and other requirements for participation in
the grant program by early learning and development programs,
including the tiered rating at which a program becomes eligible to
participate;

(2)
Eligibility conditions for children participating in the early
childhood education grant program if a slot is available;

(3)
Standards, procedures, and requirements to apply for and distribute
funds to participating early learning and development programs;

(4)
In the event funds are distributed in error under the program,
methods by which the department may recover those funds.

Sec.
5104.54.
(A)
The child care cred program is created in the department of children
and youth, under which the costs of child care are shared by
participating employees, their employers, and, subject to available
funds, the department. The distribution of the costs shall be as
follows: employees are responsible for forty per cent; employers are
responsible for forty per cent; and, subject to available funds, the
department is responsible for twenty per cent. The program has all of
the following goals: enabling employers to attract and retain talent;
assisting employees with child care costs; and sustaining the
businesses of child care providers.

(B)
To be eligible to participate in the program, all of the following
apply:

(1)
In the case of an employee, the maximum amount of the family's income
shall not exceed four hundred per cent of the federal poverty line
and the employee shall reside in this state and have been selected
for participation by the employee's employer.

(2)
In the case of an employer, the employer shall be located in this
state and have selected one or more of its employees to participate
in the program.

(3)
In the case of a child care provider, the provider shall either hold
a license issued under this chapter or be certified by a county
department of job and family services under section 5104.12 of the
Revised Code. The department shall not require participation in the
step up to quality program in order to be an eligible provider for
this program.

(C)
Each employee and employer seeking to participate in the program
shall together submit an application to the department in a manner
prescribed by the department. The department shall review each
application as soon as practicable after it is received and shall
determine if the employee and employer are both eligible to
participate.

(D)
After an employee and employer are both determined eligible and agree
to participate in the program, all of the following apply:

(1)
The employee, with the assistance of the department, shall select a
child care provider for the employee's child and shall enroll the
child with the provider. An employee may opt to select the employee's
existing child care provider so long as that provider is licensed or
certified as described in this section.

(2)
In addition to the employer's share, the employer may agree to
contribute some or all of an employee's share of child care costs.

(3)
As a condition of participation, the department may require the
employee, employer, and child care provider to each sign a memorandum
of understanding with the department.

(4)
The department is responsible for coordinating and performing all
administrative activities associated with the sharing of child care
costs and making payments to child care providers.

(E)
An eligibility determination made under division (C) of this section
remains valid as long as the employee, employer, and child care
provider continue to satisfy the eligibility conditions described in
division (B) of this section.

(F)
If the department finds that an employee or employer has committed
fraud, misrepresentation, or deception in applying to participate, or
in participating, in the program, the employee or employer is
permanently ineligible to participate, or continue to participate, in
the program.

(G)(1)
The department may adopt rules as necessary to implement this
section. Any rules shall be adopted in accordance with Chapter 119.
of the Revised Code.

(2)
Notwithstanding any provision of section 121.95 of the Revised Code
to the contrary, a regulatory restriction contained in a rule adopted
under division (G)(1) of this section is not subject to sections
121.95 to 121.953 of the Revised Code.

Sec.
5104.60.
The
director of children and youth shall contract with a third-party
entity to develop a registry information system to provide, on an
ongoing basis, training and professional development opportunities to
the employees of early learning and development programs that receive
funding under the child care block grant act. The registry
information system shall be known as the Ohio professional registry.

In
developing the registry information system, the third-party entity
shall comply with requirements set forth in the child care block
grant act and 45 C.F.R. Part 98.

Sec.
5104.99.
(A)
Whoever violates section 5104.02 of the Revised Code shall be
punished as follows:

(1)
For each offense, the offender shall be fined not less than one
hundred dollars nor more than five hundred dollars multiplied by the
number of children receiving child care at the child care center or
type A family child care home that either exceeds the number of
children to which a type B family
day-care

child
care
home
may provide child care or, if the offender is a licensed type A
family child care home that is operating as a child care center
without being licensed as a center, exceeds the license capacity of
the type A home.

(2)
In addition to the fine specified in division (A)(1) of this section,
all of the following apply:

(a)
Except as provided in divisions (A)(2)(b), (c), and (d) of this
section, the court shall order the offender to reduce the number of
children to which it provides child care to a number that does not
exceed either the number of children to which a type B family child
care home may provide child care or, if the offender is a licensed
type A family child care home that is operating as a child care
center without being licensed as a center, the license capacity of
the type A home.

(b)
If the offender previously has been convicted of or pleaded guilty to
one violation of section 5104.02 of the Revised Code, the court shall
order the offender to cease the provision of child care to any person
until it obtains a child care center license or a type A family child
care home license, as appropriate, under section 5104.03 of the
Revised Code.

(c)
If the offender previously has been convicted of or pleaded guilty to
two violations of section 5104.02 of the Revised Code, the offender
is guilty of a misdemeanor of the first degree, and the court shall
order the offender to cease the provision of child care to any person
until it obtains a child care center license or a type A family child
care home license, as appropriate, under section 5104.03 of the
Revised Code. The court shall impose the fine specified in division
(A)(1) of this section and may impose an additional fine provided
that the total amount of the fines so imposed does not exceed the
maximum fine authorized for a misdemeanor of the first degree under
section 2929.28 of the Revised Code.

(d)
If the offender previously has been convicted of or pleaded guilty to
three or more violations of section 5104.02 of the Revised Code, the
offender is guilty of a felony of the fifth degree, and the court
shall order the offender to cease the provision of child care to any
person until it obtains a child care center license or a type A
family child care home license, as appropriate, under section 5104.03
of the Revised Code. The court shall impose the fine specified in
division (A)(1) of this section and may impose an additional fine
provided that the total amount of the fines so imposed does not
exceed the maximum fine authorized for a felony of the fifth degree
under section 2929.18 of the Revised Code.

(B)
Whoever violates section 5104.09 of the Revised Code is guilty of a
misdemeanor of the third degree.

Sec.
5117.07.
(A)
On or before the first day of October, the director of development
shall review all applications submitted under division (C) of section
5117.03 of the Revised Code and shall determine the eligibility of
each applicant to receive a credit or payment. The total income and
current total income amounts set forth in division (A) of this
section are subject to adjustment under section 5117.071 of the
Revised Code.

(1)
An applicant is eligible for a credit of thirty per cent if the
applicant is a head of household, has a total income of five thousand
dollars or less or a current total income of two thousand five
hundred dollars or less, owns and occupies or rents and occupies a
household receiving the source of energy for its primary heating
system from an energy company and such energy is separately metered,
and is either of the following:

(a)
Sixty-five years of age or older;

(b)
Permanently and totally disabled.

(2)
An applicant is eligible for a credit of twenty-five per cent if the
applicant is a head of household, has a total income of more than
five thousand dollars but not more than nine thousand dollars or a
current total income of more than two thousand five hundred dollars
but not more than four thousand five hundred dollars, is sixty-five
years of age or older or permanently and totally disabled, and owns
and occupies or rents and occupies a household receiving the source
of energy for its primary heating system from an energy company and
such energy is separately metered.

(3)
An applicant is eligible for a payment if either of the following
applies to the applicant:

(a)
The applicant would be eligible for the credit under division (A)(1)
or (2) of this section but for the fact that the source of energy for
the primary heating system of the applicant's household is not
separately metered;

(b)
The applicant is a head of household, has a total income of no more
than nine thousand dollars or a current total income of no more than
four thousand five hundred dollars, is sixty-five years of age or
older or permanently and totally disabled, and owns and occupies or
rents and occupies a household receiving the source of energy for its
primary heating system from an energy dealer.

(4)
In the case of a multiple unit dwelling for which separate metering
for the source of energy for its primary heating system is not
provided, more than one applicant occupying such dwelling may be
determined eligible for a payment under division (A)(3)(a) of this
section.

(B)
Notwithstanding division (A) of this section:

(1)
No head of household who resides in public housing or receives a rent
subsidy from a government agency is eligible for a credit or payment
unless the person's rent subsidy does not reflect the costs of that
person's household receiving the source of energy for its primary
heating system;

(2)
A resident of a nursing home, hospital, or other extended health care
facility is not eligible for a credit or payment for the costs of
providing the source of energy for the primary heating system of the
facility.

(C)
The director shall establish a procedure whereby the director

commissioner

can verify total income and current total income for the calendar
year in which an applicant is determined eligible for a payment or
credit. If a person receives a credit or payment that the person is
ineligible to receive under division (A) of this section as
determined by the director, that person shall refund to the director
the credit or payment, or excess portion of a credit or payment, that
person received. The sum refunded shall be deposited in the state
treasury to the credit of the
universal
service
electric
partnership plan
fund
created in section 4928.51 of the Revised Code.

(D)
The director may request an additional certification of permanent and
total disability for any applicant claiming such status on an
application renewal form submitted under section 5117.03 of the
Revised Code. Such certification shall be requested from the person
or agency named on the form pursuant to division (B)(1) of section
5117.03 of the Revised Code. If such additional certification is
refused due to a conclusion by the person or agency that the
applicant is not permanently and totally disabled, the director shall
determine the applicant ineligible for any credit or payment. If such
additional certification is unavailable or refused for any other
reason, the director may determine the applicant to be eligible for a
credit or payment provided the director

commissioner

has good cause to believe the applicant is permanently and totally
disabled.

(E)
On or before the first day of October, the director shall notify each
applicant of the disposition of the applicant's application under
divisions (A) and (B) of this section. At the same time, the director

tax
commissioner

shall notify the applicant, regardless of whether the applicant's
application is approved or disapproved, that the applicant may be
eligible to participate in a state or federal weatherization program
and should contact the applicant's community action agency for
further information. If an application is disapproved, the applicant
may appeal to the director for a hearing on the matter. A notice of
disapproval shall include a detailed explanation of the applicant's
right of appeal under this chapter. Any such appeal shall be on an
appeal form prescribed by the director and shall be filed with the
director within twenty days of the receipt of the notice of
disapproval.

Sec.
5117.12.
(A)
On or before the thirty-first day of August of each year, each energy
company shall file a written report with the director of development
regarding the impact, if any, of the requirements of division (E) of
section 5117.11 of the Revised Code on the number of uncollectible
and past due residential accounts for the twelve-month period ending
on the preceding thirty-first day of July. The report shall include
such information as is prescribed by the director. The information
shall be based on actual reviews of residential customer accounts and
shall be presented in verifiable form. The director may consult with
the public utilities commission and the consumers' counsel in
prescribing the contents of such reports and complying with the
requirements of division (C)(4) of this section.

(B)
Before the thirty-first day of January of each year, the director
shall prepare a written report including a final review of the Ohio
energy credit program for which applications were required to be
mailed or provided by the fifteenth day of June of the second
preceding calendar year pursuant to section 5117.03 of the Revised
Code and an interim review of the program for which applications were
required to be mailed or provided by the fifteenth day of June of the
preceding calendar year under such section. On or before the
thirty-first day of January of each year, the director shall provide
written copies of such report to the speaker of the house of
representatives, president of the senate, minority leaders of the
house of representatives and senate, chairpersons of the house
finance and appropriations committee and senate finance committee,
chairpersons of the committees of the house of representatives and
senate customarily entrusted with matters concerning public
utilities, clerk of the house of representatives, and clerk of the
senate.

(C)
Each report prepared under division (B) of this section shall include
a review of:

(1)
Program costs;

(2)
The number of persons receiving credits or payments under the
program;

(3)
Progress in the implementation of any changes in the program made by
the general assembly within the period covered by the report;

(4)
The impact, if any, of the requirements of division (E) of section
5117.11 of the Revised Code on the number of uncollectible and past
due residential accounts of energy companies for the twelve-month
period ending on the preceding thirty-first day of July;

(5)
The impact of any federal energy assistance programs available to the
same groups of people as are eligible for the energy credit program
under sections 5117.01 to 5117.12 of the Revised Code, together with
any recommendations on modifications that may, because of the federal
programs, be needed in the energy credit program;

(6)
Any suggestions for improving the program;

(7)
Any other matters considered appropriate by the director.

(D)
The director shall consult with
the
auditor of state,

energy companies, energy dealers, department of aging, and commission
on Hispanic-Latino affairs in the preparation of any report under
this section. The director may require information from such agencies
for the purpose of preparing such report.

Sec.
5119.01.
(A)
As used in this chapter:

(1)
"Addiction" means the chronic and habitual use of alcoholic
beverages, the use of a drug of abuse as defined in section 3719.011
of the Revised Code, or the use of gambling by an individual to the
extent that the individual no longer can control the individual's use
of alcohol, the individual becomes physically or psychologically
dependent on the drug, the individual's use of alcohol or drugs
endangers the health, safety, or welfare of the individual or others,
or the individual's gambling causes psychological, financial,
emotional, marital, legal, or other difficulties endangering the
health, safety, or welfare of the individual or others.

(2)
"Addiction services" means services, including
intervention, for the treatment of persons with alcohol, drug, or
gambling addictions, and for the prevention of such addictions.

(3)
"Alcohol and drug addiction services" means services,
including intervention, for the treatment of persons with alcohol use
disorder or persons who abuse drugs of abuse and for the prevention
of alcohol use disorder and drug addiction.

(4)
"Alcohol use disorder" means a medical condition
characterized by an individual's impaired ability to stop or control
the individual's alcohol use despite adverse social, occupational, or
health consequences. An alcohol use disorder may be classified as
mild, moderate, or severe.

(5)
"Certifiable services and supports" means all of the
following:

(a)
Alcohol and drug addiction services;

(b)
Mental health services;

(c)
The types of recovery supports that are specified in rules adopted
under section 5119.36 of the Revised Code as requiring certification
under that section.

(6)
"Community addiction services provider" means an agency,
association, corporation or other legal entity, individual, or
program that provides one or more of the following:

(a)
Alcohol and drug addiction services that are certified by the
director of
mental

behavioral

health

and
addiction services
under
section 5119.36 of the Revised Code;

(b)
Gambling addiction services;

(c)
Recovery supports that are related to alcohol and drug addiction
services or gambling addiction services and paid for with federal,
state, or local funds administered by the department of
mental

behavioral

health

and
addiction services
or
a board of alcohol, drug addiction, and mental health services.

(7)
"Community mental health services provider" means an
agency, association, corporation, individual, or program that
provides either of the following:

(a)
Mental health services that are certified by the director of
mental

behavioral

health

and
addiction services
under
section 5119.36 of the Revised Code;

(b)
Recovery supports that are related to mental health services and paid
for with federal, state, or local funds administered by the
department of
mental

behavioral

health

and
addiction services
or
a board of alcohol, drug addiction, and mental health services.

(8)
"Drug addiction" means the use of a drug of abuse, as
defined in section 3719.011 of the Revised Code, by an individual to
the extent that the individual becomes physically or psychologically
dependent on the drug or endangers the health, safety, or welfare of
the individual or others.

(9)
"Gambling addiction" means the use of gambling by an
individual to the extent that it causes psychological, financial,
emotional, marital, legal, or other difficulties endangering the
health, safety, or welfare of the individual or others.

(10)
"Gambling addiction services" means services for the
treatment of persons who have a gambling addiction and for the
prevention of gambling addiction.

(11)
"Hospital" means a hospital or inpatient unit licensed by
the department of
mental

behavioral

health

and
addiction services
under
section 5119.33 of the Revised Code, and any institution, hospital,
or other place established, controlled, or supervised by the
department under this chapter.

(12)
"Included opioid and co-occurring drug addiction services and
recovery supports" means the addiction services and recovery
supports that, pursuant to section 340.033 of the Revised Code, are
included in the array of services and recovery supports for all
levels of opioid and co-occurring drug addiction required to be
included in the community-based continuum of care established under
section 340.032 of the Revised Code.

(13)
"Medication-assisted treatment" has the same meaning as in
section 340.01 of the Revised Code.

(14)
"Mental illness" means a substantial disorder of thought,
mood, perception, orientation, or memory that grossly impairs
judgment, behavior, capacity to recognize reality, or ability to meet
the ordinary demands of life.

(15)
"Mental health services" means services for the assessment,
care, or treatment of persons who have a mental illness and for the
prevention of mental illness.

(16)
"Opioid treatment program" has the same meaning as in 42
C.F.R. 8.2.

(17)
"Recovery housing residence" means a residence for
individuals recovering from alcohol use disorder or drug addiction
that provides an alcohol-free and drug-free living environment, peer
support, assistance with obtaining alcohol and drug addiction
services, and other recovery assistance for alcohol use disorder and
drug addiction.

(18)
"Recovery supports" means assistance that is intended to
help an individual with alcohol use disorder, drug addiction, or
mental illness, or a member of such an individual's family, initiate
and sustain the individual's recovery from alcohol use disorder, drug
addiction, or mental illness. "Recovery supports" does not
mean alcohol and drug addiction services or mental health services.

(19)(a)
"Residence," except when referring to a recovery housing
residence or the meaning of "residence" in section 5119.90
of the Revised Code, means a person's physical presence in a county
with intent to remain there, except in either of the following
circumstances:

(i)
If a person is receiving a mental health treatment service at a
facility that includes nighttime sleeping accommodations, "residence"
means that county in which the person maintained the person's primary
place of residence at the time the person entered the facility;

(ii)
If a person is committed pursuant to section 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised Code, "residence"
means the county where the criminal charges were filed.

(b)
When the residence of a person is disputed, the matter of residence
shall be referred to the department of
mental

behavioral

health

and
addiction services
for
investigation and determination. Residence shall not be a basis for a
board of alcohol, drug addiction, and mental health services to deny
services to any person present in the board's service district, and
the board shall provide services for a person whose residence is in
dispute while residence is being determined and for a person in an
emergency situation.

(B)
Any reference in this chapter to a board of alcohol, drug addiction,
and mental health services also refers to an alcohol and drug
addiction services board or a community mental health board in a
service district in which an alcohol and drug addiction services
board or a community mental health board has been established under
section 340.021 or former section 340.02 of the Revised Code.

Sec.
5119.011.
(A)
Whenever the term
"department
of mental health," the term "Ohio department of mental
health," the term "department of alcohol and drug addiction
services," or the term "Ohio department of alcohol and drug
addiction services"
"department
of mental health and addiction services"
is
used, referred to, or designated in any statute, rule, contract,
grant, or other document, the use, reference, or designation shall be
construed to mean the department of
mental

behavioral

health

and
addiction services
.

(B)
Whenever the term
"director
of mental health" or the term "director of alcohol and drug
addiction services"
"director
of mental health and addiction services"
is
used, referred to, or designated in any statute, rule, contract,
grant, or other document, the use, reference, or designation shall be
construed to mean the director of
mental

behavioral

health

and
addiction services
.

Sec.
5119.04.
The
department of
mental

behavioral

health

and
addiction services
and
any institutions under its supervision or jurisdiction shall, where
applicable, be in substantial compliance with standards set forth for
psychiatric facilities by the joint commission or medical assistance
standards under Title XIX of the "Social Security Act," 49
Stat. 620 (1935), 42 U.S.C. 301, as amended, or other applicable
standards.

The
requirements of this section are in addition to any other
requirements established by the Revised Code and nothing in this
section shall be construed to limit any rights, privileges,
protections, or immunities which may exist under the constitution and
laws of the United States or this state.

Sec.
5119.05.
Subject
to the rules of the director of
mental

behavioral

health

and
addiction services
,
each institution under the jurisdiction of the department shall be
under the management and control of a managing officer to be known as
a chief executive officer or by another appropriate title. Such
managing officer shall be appointed by the director of
mental

behavioral

health

and
addiction services
,
and shall be in the unclassified service and serve at the pleasure of
the director. Each managing officer shall be of good moral character
and have skill, ability, and experience in the managing officer's
profession.

The
managing officer, under the director, shall serve as the appointing
authority of the institution to which such managing officer is
appointed. Subject to civil service rules, the managing officer shall
have the power to appoint and remove employees of the institution. On
behalf of the institution, the managing officer has the authority and
responsibility for entering into contracts and other agreements for
the efficient operations of the institution.

Sec.
5119.051.
The
department of
mental

behavioral

health

and
addiction services
shall
keep in its office a proper and complete set of books and accounts
with each institution, which shall clearly show the nature and amount
of every expenditure authorized and made at such institution, and
which shall contain an account of all appropriations made by the
general assembly and of all other funds, together with the
disposition of such funds.

The
department shall prescribe the form of vouchers, records, and methods
of keeping accounts at each of the institutions, which shall be as
nearly uniform as possible. The department may examine the records of
each institution at any time.

The
department may authorize any of its bookkeepers, accountants, or
employees to examine and check the records, accounts, and vouchers or
take an inventory of the property of any institution, or do whatever
is necessary, and pay the actual and reasonable expenses incurred in
such service when an itemized account is filed and approved.

Sec.
5119.06.
The
department of
mental

behavioral

health

and
addiction services
shall
keep in its office, accessible only to its employees, except by the
consent of the department or the order of the judge of a court of
record, a record showing the name, residence, sex, age, nativity,
occupation, condition, and date of entrance or commitment of every
patient in the institutions governed by it, the date, cause, and
terms of discharge and the condition of such person at the time of
leaving, and also a record of all transfers from one institution to
another, and, if such person dies while in the care or custody of the
department, the date and cause of death. These and such other facts
as the department requires shall be furnished by the managing officer
of each institution within twenty-four hours after the commitment,
entrance, death, or discharge of a patient.

In
case of an accident or injury or peculiar death of a patient the
managing officer shall make a special report to the department within
twenty-four hours thereafter, giving the circumstances as fully as
possible.

Sec.
5119.07.
A
person, firm, or corporation may file a petition in the court of
common pleas of the county in which a benevolent institution of the
department of
mental

behavioral

health

and
addiction services
is
located, in which petition the desire to erect or carry on at a less
distance than that prescribed in section 3767.19 of the Revised Code
shall be set forth, the business prohibited, the precise point of its
establishment, and the reasons and circumstances, in its opinion, why
the erection or carrying on of the business would not annoy or
endanger the health, convenience, or recovery of the patients of such
institution. The petitioner shall give notice in a newspaper of
general circulation in the county of the pendency and prayer of the
petition for at least six consecutive weeks before the day set for
hearing the petition and serve a written notice upon the managing
officer of the institution at least thirty days before the day set
for hearing the petition.

If,
upon the hearing of the petition, it appears that the notice has been
given as required and the court is of the opinion that no good reason
exists why such establishment may not be erected or such business
carried on and that by the erection or carrying on of the business at
the point named, the institution will sustain no detriment, the court
may issue an order granting the prayer of the petitioner. Thereafter
the petitioner may locate such establishment or carry on such
business at the point named in the petition.

Sec.
5119.08.
(A)
As used in this section, "felony" has the same meaning as
in section 109.511 of the Revised Code.

(B)(1)
Subject to division (C) of this section, upon the recommendation of
the director of
mental

behavioral

health

and
addiction services
,
the managing officer of an institution under the jurisdiction of the
department of
mental

behavioral

health

and
addiction services
may
designate one or more employees to be special police officers of the
department. The special police officers shall take an oath of office,
wear the badge of office, and give bond for the proper and faithful
discharge of their duties in an amount that the director requires.

(2)
In accordance with section 109.77 of the Revised Code, the special
police officers shall be required to complete successfully a peace
officer basic training program approved by the Ohio peace officer
training commission and to be certified by the commission. The cost
of the training shall be paid by the department of
mental

behavioral

health

and
addiction services
.

(3)
Special police officers, on the premises of institutions under the
jurisdiction of the department of
mental

behavioral

health

and
addiction services
and
subject to the rules of the department, shall protect the property of
the institutions and the persons and property of patients in the
institutions, suppress riots, disturbances, and breaches of the
peace, and enforce the laws of the state and the rules of the
department for the preservation of good order. They may arrest any
person without a warrant and detain the person until a warrant can be
obtained under the circumstances described in division (F) of section
2935.03 of the Revised Code.

(C)(1)
The managing officer of an institution under the jurisdiction of the
department of
mental

behavioral

health

and
addiction services
shall
not designate an employee as a special police officer of the
department pursuant to division (B)(1) of this section on a permanent
basis, on a temporary basis, for a probationary term, or on other
than a permanent basis if the employee previously has been convicted
of or has pleaded guilty to a felony.

(2)(a)
The managing officer of an institution under the jurisdiction of the
department of
mental

behavioral

health

and
addiction services
shall
terminate the employment as a special police officer of the
department of an employee designated as a special police officer
under division (B)(1) of this section if that employee does either of
the following:

(i)
Pleads guilty to a felony;

(ii)
Pleads guilty to a misdemeanor pursuant to a negotiated plea
agreement as provided in division (D) of section 2929.43 of the
Revised Code in which the employee agrees to surrender the
certificate awarded to that employee under section 109.77 of the
Revised Code.

(b)
The managing officer shall suspend from employment as a special
police officer of the department an employee designated as a special
police officer under division (B)(1) of this section if that employee
is convicted, after trial, of a felony. If the special police officer
files an appeal from that conviction and the conviction is upheld by
the highest court to which the appeal is taken or if the special
police officer does not file a timely appeal, the managing officer
shall terminate the employment of that special police officer. If the
special police officer files an appeal that results in that special
police officer's acquittal of the felony or conviction of a
misdemeanor, or in the dismissal of the felony charge against that
special police officer, the managing officer shall reinstate that
special police officer. A special police officer of the department
who is reinstated under division (C)(2)(b) of this section shall not
receive any back pay unless that special police officer's conviction
of the felony was reversed on appeal, or the felony charge was
dismissed, because the court found insufficient evidence to convict
the special police officer of the felony.

(3)
Division (C) of this section does not apply regarding an offense that
was committed prior to January 1, 1997.

(4)
The suspension from employment, or the termination of the employment,
of a special police officer under division (C)(2) of this section
shall be in accordance with applicable collective bargaining
agreements.

Sec.
5119.091.
The
attorney general shall attend to all claims instituted on behalf of
or against the department of
mental

behavioral

health

and
addiction services
or
any institution under the jurisdiction of the department and the
managing officer thereof, except such institutions as are privately
owned or operated under a license from the department of
mental

behavioral

health

and
addiction services
,
and shall represent the public hospital in proceedings under section
5122.15 of the Revised Code. The department of
mental

behavioral

health

and
addiction services
shall
reimburse the attorney general for the compensation of assistant
attorneys general required to represent the public hospital in
proceedings under section 5122.15 of the Revised
code
Code

and shall also pay the costs of litigation incurred by the attorney
general under that section.

If
a writ of habeas corpus is applied for, the clerk of the court shall
give notice of the time and place of hearing to the attorney general.

Sec.
5119.10.
(A)
The director of
mental

behavioral

health

and
addiction services
is
the chief executive and appointing authority of the department of

mental

behavioral

health

and
addiction services
.
The director may organize the department for its efficient operation,
including creating divisions or offices as necessary. The director
may establish procedures for the governance of the department,
conduct of its employees and officers, performance of its business,
and custody, use, and preservation of departmental records, papers,
books, documents, and property. Whenever the Revised Code imposes a
duty upon or requires an action of the department or any of its
institutions, the director or the director's designee shall perform
the action or duty in the name of the department, except that the
medical director appointed pursuant to section 5119.11 of the Revised
Code shall be responsible for decisions relating to medical
diagnosis, treatment, rehabilitation, quality assurance, and the
clinical aspects of the following: licensure of hospitals and
residential facilities, research, community addiction and mental
health plans, and certification and delivery of addiction services
and mental health services.

(B)
The director shall:

(1)
Adopt rules for the proper execution of the powers and duties of the
department with respect to the institutions under its control, and
require the performance of additional duties by the officers of the
institutions as necessary to fully meet the requirements, intents,
and purposes of this chapter. In case of an apparent conflict between
the powers conferred upon any managing officer and those conferred by
such sections upon the department, the presumption shall be
conclusive in favor of the department.

(2)
Adopt rules for the nonpartisan management of the institutions under
the department's control. An officer or employee of the department or
any officer or employee of any institution under its control who, by
solicitation or otherwise, exerts influence directly or indirectly to
induce any other officer or employee of the department or any of its
institutions to adopt the exerting officer's or employee's political
views or to favor any particular person, issue, or candidate for
office shall be removed from the exerting officer's or employee's
office or position, by the department in case of an officer or
employee, and by the governor in case of the director.

(3)
Appoint such employees, including the medical director, as are
necessary for the efficient conduct of the department, and prescribe
their titles and duties;

(4)
Prescribe the forms of affidavits, applications, medical
certificates, orders of hospitalization and release, and all other
forms, reports, and records that are required in the hospitalization
or admission and release of all persons to the institutions under the
control of the department, or are otherwise required under this
chapter or Chapter 5122. of the Revised Code;

(5)
Exercise the powers and perform the duties relating to addiction and
mental health facilities, addiction services, mental health services,
9-8-8 suicide and crisis response, and recovery supports that are
assigned to the director under this chapter and Chapter 340. of the
Revised Code;

(6)
Develop and implement clinical evaluation and monitoring of services
that are operated by the department;

(7)
Adopt rules establishing standards for the performance of evaluations
by a forensic center or other psychiatric program or facility of the
mental condition of defendants ordered by the court under section
2919.271, or 2945.371 of the Revised Code, and for the treatment of
defendants who have been found incompetent to stand trial and ordered
by the court under section 2945.38, 2945.39, 2945.401, or 2945.402 of
the Revised Code to receive treatment in facilities;

(8)
On behalf of the department, have the authority and responsibility
for entering into contracts and other agreements with providers,
agencies, institutions, and other entities, both public and private,
as necessary for the department to carry out its duties under this
chapter and Chapters 340., 2919., 2945., and 5122. of the Revised
Code. Chapter 125. of the Revised Code does not apply to contracts
the director enters into under this section for addiction services,
mental health services, or recovery supports provided to individuals
who have an addiction or mental illness by providers, agencies,
institutions, and other entities not owned or operated by the
department.

(9)
Adopt rules in accordance with Chapter 119. of the Revised Code
specifying the supplemental services that may be provided through a
trust authorized by section 5815.28 of the Revised Code;

(10)
Adopt rules in accordance with Chapter 119. of the Revised Code
establishing standards for the maintenance and distribution to a
beneficiary of assets of a trust authorized by section 5815.28 of the
Revised Code.

(C)
The director may contract with hospitals licensed by the department
under section 5119.33 of the Revised Code for the care and treatment
of patients with mental illnesses, or with persons, organizations, or
agencies for the custody, evaluation, supervision, care, or treatment
of persons with mental illnesses receiving services elsewhere than
within the enclosure of a hospital operated under section 5119.14 of
the Revised Code.

Sec.
5119.11.
(A)
The director of
mental

behavioral

health

and
addiction services
shall
appoint a medical director who is eligible or certified by the
American board of psychiatry and neurology or the American
osteopathic board of neurology and psychiatry, and has at least five
years of clinical and two years of administrative experience. The
medical director shall also have certification or substantial
training and experience in the field of addiction medicine or
addiction psychiatry. The medical director shall be responsible for
decisions relating to medical diagnosis, treatment, prevention,
rehabilitation, quality assurance, and the clinical aspects of
addiction services and mental health services involving all of the
following:

(1)
Licensure of hospitals, residential facilities, and outpatient
facilities;

(2)
Research;

(3)
Community addiction and mental health plans;

(4)
Certification and delivery of addiction and mental health services.

(B)
The medical director shall also exercise clinical supervision of the
chief clinical officers of hospitals and institutions under the
jurisdiction of the department and shall review and approve decisions
relating to the employment of the chief clinical officers. The
medical director or the medical director's designee shall advise the
director on matters relating to licensure, research, the
certification and delivery of addiction services and mental health
services, and community addiction and mental health plans. The
medical director shall participate in the development of guidelines
for community addiction and mental health plans. The director of

mental

behavioral

health

and
addiction services
may
establish other duties of the medical director.

Sec.
5119.14.
(A)
The department of
mental

behavioral

health

and
addiction services
shall
maintain, operate, manage, and govern state institutions and other
services for the care and treatment of persons with mental illnesses.

(B)(1)
The department of
mental

behavioral

health

and
addiction services
may,
with the approval of the governor, designate the name and purpose of
any institutions under its jurisdiction and may change, with the
approval of the governor, the designation and name when necessary.

(2)
The department shall divide the state into districts for the purpose
of designating the institution in which persons with mental illnesses
are hospitalized and may change the districts.

(3)
(C)

Subject to section 5139.08 and pursuant to Chapter 5122. of the
Revised Code and on the agreement of the
departments

department

of

mental

behavioral

health

and
addiction services
and

department
of
youth
services, the department of
mental

behavioral

health

and
addiction services
may
receive from the department of youth services for psychiatric
observation, diagnosis, or treatment any person eighteen years of age
or older in the custody of the department of youth services. The
departments may enter into a written agreement specifying the
procedures necessary to implement this division.

(C)
(D)

The department of
mental

behavioral

health

and
addiction services
shall
designate hospitals, facilities, and community mental health services
providers for the custody, care, and special treatment of, and
authorize payment for such custody, care, and special treatment
provided to, persons who are charged with a crime and who are found
incompetent to stand trial or not guilty by reason of insanity.

(D)
(E)

The department of
mental

behavioral

health

and
addiction services
may
do any of the following:

(1)
Require reports from the managing officer of any institution under
the department's jurisdiction, relating to the admission,
examination, comprehensive evaluation, diagnosis, release, or
discharge of any patient;

(2)
Visit each institution regularly to review its operations and to
investigate complaints made by any patient or by any person on behalf
of a patient, provided these duties may be performed by a person
designated by the director.

(E)
(F)

The department of
mental

behavioral

health

and
addiction services
may
provide or contract to provide addiction services for offenders
incarcerated in the state prison system.

(F)
(G)

In addition to the powers expressly conferred

on
the department of behavioral health
,
the department
of
mental health and addiction services
shall
have all
other

powers
and authority necessary for the full and efficient exercise of the
executive, administrative, and fiscal supervision over the state
institutions described in this section.

Sec.
5119.141.
The

In
addition to the powers and duties expressly conferred on the
department of behavioral health, the
department

of
mental health and addiction services has all the authority
may
take any other action it considers
necessary
to carry out
its
powers and duties under
the
purposes of
this
chapter and Chapters 340., 2919., 2945., and 5122. of the Revised
Code
,
including
.
Actions authorized by this section include
the
authority to adopt rules pursuant to Chapter 119. of the Revised Code
that may be necessary to carry out the purposes of this chapter and
Chapters 340., 2919., 2945., and 5122. of the Revised Code.

Sec.
5119.15.
The
department of
mental

behavioral

health

and
addiction services
may
make such investigations as are necessary in the performance of its
duties and to that end the director of
mental

behavioral

health

and
addiction services
shall
have the same power as a judge of a county court to administer oaths
and to enforce the attendance and testimony of witnesses and the
production of books or papers.

The
department shall keep a record of such investigations stating the
time, place, charges or subject, witnesses summoned and examined, and
its conclusions.

In
matters involving the conduct of an officer, a stenographic report of
the evidence shall be taken and a copy of such report, with all
documents introduced, kept on file at the office of the department.

The
fees of witnesses for attendance and travel shall be the same as in
the court of common pleas, but no officer or employee of the
institution under investigation is entitled to such fees.

Any
judge of the probate court or of the court of common pleas, upon
application of the department, may compel the attendance of
witnesses, the production of books or papers, and the giving of
testimony before the department, by a judgment for contempt or
otherwise, in the same manner as in cases before such courts.

The
department of
mental

behavioral

health

and
addiction services
may
appoint and commission any competent agency or person, to serve
without compensation, as a special agent, investigator, or
representative to perform a designated duty for the department.
Specific credentials shall be given by the department to each person
so designated. Each credential shall state the:

(A)
Name of the agent, investigator, or representative;

(B)
Agency with which such person is connected;

(C)
Purpose of appointment;

(D)
Date of expiration of appointment;

(E)
Such information as the department considers proper.

Sec.
5119.161.
The
department of
mental

behavioral

health

and
addiction services
,
in conjunction with the department of job and family services, shall
develop a joint state plan to improve the accessibility and
timeliness of alcohol and drug addiction services for individuals
identified by a public children services agency as in need of those
services. The plan shall address the fact that Ohio works first
participants may be among the persons receiving services under
section 340.15 of the Revised Code and shall require the department
of job and family services to seek federal funds available under
Title IV-A of the "Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A. 301, as amended, for the provision of the
services to Ohio works first participants who are receiving services
under section 340.15 of the Revised Code.

The
departments shall review and amend the plan as necessary.

Sec.
5119.17.
(A)
The department of
mental

behavioral

health

and
addiction services
,
in accordance with division (B) of this section, shall give priority
to developing, and promptly shall develop, with available public and
private resources a program that does all of the following:

(1)
Provides a manner of identifying the aggregate number of pregnant
women in this state who are addicted to a drug of abuse;

(2)
Provides for an effective means of intervention to eliminate the
addiction of pregnant women to drugs of abuse prior to the birth of
their children;

(3)
Gives priority to the treatment of pregnant women addicted to drugs
of abuse, including by requiring community addiction services
providers that receive public funds to give priority to pregnant
women referred for treatment;

(4)
Provides for the continued monitoring of women who were addicted to a
drug of abuse during their pregnancies, after the birth of their
children, and for the availability of treatment and rehabilitation
for those women;

(5)
Provides a manner of determining the aggregate number of children who
are born in this state to women who are addicted, at the time of
birth, to a drug of abuse, and of children who are born in this state
with an addiction to or a dependency on a drug of abuse;

(6)
Provides for the continued monitoring of children who are born in
this state to women who are addicted, at the time of birth, to a drug
of abuse, or who are born in this state with an addiction to or
dependency on a drug of abuse, after their birth;

(7)
Provides for the treatment and rehabilitation of any child who is
born to a woman who is addicted, at the time of birth, to a drug of
abuse, and of any child who is born with an addiction to or
dependency on a drug of abuse.

(B)
In developing the program described in division (A) of this section,
the department may obtain information from the department of health
and the department of job and family services, and those departments
shall cooperate with the department of
mental

behavioral

health

and
addiction services
in
its development and implementation of the program.

(C)
Immediately upon its development of the program described in division
(A) of this section, the department shall implement the program.

(D)
Any record or information that is obtained or maintained by the
department in connection with the program described in division (A)
of this section and could enable the identification of any woman or
child described in division (A)(1) or (5) of this section is not a
public record subject to inspection or copying under section 149.43
of the Revised Code.

(E)
A community addiction services provider that receives public funds
shall not refuse to treat a person solely because the person is
pregnant if appropriate treatment is offered by the provider.

Sec.
5119.18.
An
appointing authority may appoint a person who holds a certified or
permanent position in the classified service within the department of

mental

behavioral

health

and
addiction services
to
a position in the unclassified service within the department. A
person appointed pursuant to this section to a position in the
unclassified service shall retain the right to resume the position
and status held by the person in the classified service immediately
prior to the person's appointment to the position in the unclassified
service, pursuant to division (D) of section 124.11 of the Revised
Code.

A
person who holds a position in the classified service and who is
appointed to a position in the unclassified service on or after
January 1, 2016, shall have the right to resume a position in the
classified service under this section only within five years after
the effective date of the person's appointment in the unclassified
service.

Sec.
5119.181.
(A)
No appointing officer shall appoint a person to fill a position in
either the classified or unclassified service of the department of

mental

behavioral

health

and
addiction services
if
the person has been convicted of or pleaded guilty to a violation of
the following:

(1)
Any felony contained in the Revised Code, if the felony bears a
direct and substantial relationship to the position being filled;

(2)
Any crime contained in the Revised Code constituting a misdemeanor of
the first degree on the first offense and a felony on subsequent
offenses, if the crime bears a direct and substantial relationship to
the position being filled;

(3)
An existing or former law of this state, any other state, or the
United States, if the law violated is substantially equivalent to any
of the offenses described in division (A)(1) or (2) of this section.

(B)
The director of
mental

behavioral

health

and
addiction services
shall
adopt rules, in accordance with Chapter 119. of the Revised Code, to
implement this section.

(C)
The director or an appointing officer shall request the bureau of
criminal identification and investigation created by section 109.51
of the Revised Code or, at the director's or appointing officer's
discretion, any other state or federal agency, to supply the director
or appointing officer with a written report regarding the criminal
records of any applicant. For each investigation undertaken at the
department's request under this section, the department shall pay a
reasonable fee to the bureau or other state or federal agency
conducting the investigation. The amount of the fee shall be
determined by the bureau or other state or federal agency conducting
the investigation and shall be sufficient to cover the costs of
conducting the investigation. The report made by the bureau or other
state or federal agency is not a public record for purposes of
section 149.43 of the Revised Code and shall not be made available to
any person, except the applicant, the director, the appointing
officer or the appointing officer's designees, or any hearing officer
involved in a case denying employment.

(D)
As used in this section, "applicant" means a person who is
under final consideration for appointment to a position in the
classified or unclassified service of the department of
mental

behavioral

health

and
addiction services
.

Sec.
5119.182.
The
department of
mental

behavioral

health

and
addiction services
may
require any of its employees and each officer and employee of every
institution under its control who may be charged with custody or
control of any money or property belonging to the state or who is
required to give bond, to give a surety company bond, properly
conditioned, in a sum to be fixed by the department which when
approved by the department, shall be filed in the office of the
secretary of state. The cost of such bonds, when approved by the
department, shall be paid from funds available for the department.
The bonds required or authorized by this section may, in the
discretion of the director of
mental

behavioral

health

and
addiction services
,
be individual, schedule, or blanket bonds.

Sec.
5119.184.
The
department of
mental

behavioral

health

and
addiction services
may
provide educational grants or tuition reimbursements to upgrade the
education, training, and professional achievement of its employees,
whenever it determines that provision of such grants or
reimbursements is essential to the achievement of its goals. The
department may enter into agreements with its employees for the
purposes of this section. The agreements may require, as a condition
of each grant or reimbursement, that the employee continue employment
with the department or with another federal, state, or local public
agency designated by the department for a period of time stated in
the agreement. If an employee does not fulfill the employment
requirement stated in the agreement, the department may take action
to recover the amount of all educational grants or tuition
reimbursements paid to the employee under this section, plus interest
at the rate of ten per cent per year calculated from the date of
payment of each grant or reimbursement.

Sec.
5119.185.
(A)
As used in this section:

(1)
"Advanced practice registered nurse" has the same meaning
as in section 4723.01 of the Revised Code.

(2)
"Clinician" means any of the following:

(a)
An advanced practice registered nurse;

(b)
A physician;

(c)
A physician assistant.

(3)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(4)
"Physician assistant" means an individual who holds a
current, valid license to practice as a physician assistant issued
under Chapter 4730. of the Revised Code.

(B)
The department of
mental

behavioral

health

and
addiction services
may
establish a clinician recruitment program under which the department
agrees to repay all or part of the principal and interest of a
government or other educational loan incurred by a clinician who
agrees to provide services to inpatients and outpatients of
institutions under the department's administration. To be eligible to
participate in the program, a clinician must have attended the
following:

(1)
In the case of a physician, a school that was, at the time of
attendance, a medical school or osteopathic medical school in this
country accredited by the
liason

liaison

committee
on medical education or the American osteopathic association, or a
medical school or osteopathic medical school located outside this
country that was acknowledged by the world health organization and
verified by a member state of that organization as operating within
that state's jurisdiction;

(2)
In the case of a physician assistant, a school that was, at the time
of attendance, accredited by the accreditation review commission on
education for the physician assistant or a regional or specialized
and professional accrediting agency recognized by the council for
higher education accreditation;

(3)
In the case of an advanced practice registered nurse, a school that
was, at the time of attendance, accredited by a national or regional
accrediting organization.

(C)
The department shall enter into a contract with each clinician it
recruits under this section. Each contract shall include at least the
following terms:

(1)
The clinician agrees to provide a specified scope of health care
services for a specified number of hours per week and a specified
number of years to patients of one or more specified institutions
administered by the department.

(2)
The department agrees to repay all or a specified portion of the
principal and interest of a government or other educational loan
taken by the clinician for the following expenses if the clinician
meets the service obligation agreed to and the expenses were incurred
while the clinician was enrolled in, for up to a maximum of four
years, a school that qualifies the clinician to participate in the
program:

(a)
Tuition;

(b)
Other educational expenses for specific purposes, including fees,
books, and laboratory expenses, in amounts determined to be
reasonable in accordance with rules adopted under division (D) of
this section;

(c)
Room and board, in an amount determined to be reasonable in
accordance with rules adopted under division (D) of this section.

(3)
The clinician agrees to pay the department a specified amount, which
shall be not less than the amount already paid by the department
pursuant to its agreement, as damages if the clinician fails to
complete the service obligation agreed to or fails to comply with
other specified terms of the contract. The contract may vary the
amount of damages based on the portion of the clinician's service
obligation that remains uncompleted as determined by the department.

(4)
Other terms agreed upon by the parties.

(D)
If the department elects to implement the clinician recruitment
program, it shall adopt rules in accordance with Chapter 119. of the
Revised Code that establish all of the following:

(1)
Criteria for designating institutions for which clinicians will be
recruited;

(2)
Criteria for selecting clinicians for participation in the program;

(3)
Criteria for determining the portion of a clinician's loan that the
department will agree to repay;

(4)
Criteria for determining reasonable amounts of the expenses described
in divisions (C)(2)(b) and (c) of this section;

(5)
Procedures for monitoring compliance by clinicians with the terms of
their contracts;

(6)
Any other criteria or procedures necessary to implement the program.

Sec.
5119.186.
(A)
The director of
mental

behavioral

health

and
addiction services
or
the managing officer of an institution of the department may enter
into an agreement with boards of trustees or boards of directors of
one or more institutions of higher education or hospitals licensed
pursuant to section 5119.33 of the Revised Code to establish, manage,
and conduct collaborative training efforts for students enrolled in
courses of studies for occupations or professions that involve the
care and treatment for persons receiving addiction or mental health
services.

(B)
Such collaborative training efforts may include but are not limited
to programs in psychiatry, psychology, nursing, social work,
counseling professions, and others considered appropriate by the
director of
mental

behavioral

health

and
addiction services
.
Any such program shall be approved or accredited by its respective
professional organization or state board having jurisdiction over the
profession.

(1)
The department shall require that the following be provided for in
agreements between the department and institutions of higher
education or hospitals licensed pursuant to section 5119.33 of the
Revised Code:

(a)
Establishment of inter-disciplinary committees to advise persons
responsible for training programs. Each committee shall have
representation drawn from the geographical community the institution
of higher education or hospital serves and shall include
representatives of agencies, boards, targeted populations as
determined by the department, racial and ethnic minority groups, and
publicly funded programs;

(b)
Funding procedures;

(c)
Specific outcomes and accomplishments that are expected or required
of a program under such agreement;

(d)
The types of services to be provided under such agreement.

(2)
The department may require that the following be provided for in
agreements between the department and institutions of higher
education or hospitals licensed pursuant to section 5119.33 of the
Revised Code:

(a)
Special arrangements for individual residents or trainees to
encourage their employment in publicly funded settings upon
completion of their training;

(b)
Procedures for the selection of residents or trainees to promote the
admission, retention, and graduation of women, minorities, and
disabled persons;

(c)
Cross-cultural training and other subjects considered necessary to
enhance training efforts and the care and treatment of patients and
clients;

(d)
Funding of faculty positions oriented toward meeting the needs of
publicly funded programs.

Subject
to appropriations by the general assembly, the director of
mental

behavioral

health

and
addiction services
has
final approval of the funding of these collaborative training
efforts.

Sec.
5119.187.
The
courses of study for the instruction and training of all persons in
institutions under the control of the department of
mental

behavioral

health

and
addiction services
shall
be subject to the approval of the superintendent of public
instruction.

All
teachers employed in institutions under the control of the department
of
mental

behavioral

health

and
addiction services
shall
possess such educator licenses or have such qualifications and
approval as the superintendent of public instruction, after
consulting with the officers in charge of the institutions,
prescribes for the various types of service in the institutions.

Sec.
5119.188.
(A)
As used in this section, "state correctional institution"
has the same meaning as in section 2967.01 of the Revised Code.

(B)
The department of
mental

behavioral

health

and
addiction services
shall
develop a program that is designed to educate and train the employees
of each state correctional institution, the employees of each
department of youth services institution, and other persons
associated by contract or otherwise with each state correctional
institution or each department of youth services institution, who
will be responsible for the conduct of, or otherwise providing
treatment or rehabilitation services pursuant to, a substance abuse
treatment or rehabilitation program offered in the institution to
adult prisoners or juvenile offenders. Upon the development of the
educational and training program, the department of
mental

behavioral

health

and
addiction services
promptly
shall commence its implementation. The department of
mental

behavioral

health

and
addiction services
may
charge to the department of rehabilitation and correction and to the
department of youth services a reasonable annual fee that reflects
the expenses incurred by it during the immediately preceding calendar
year in preparing and offering the educational and training program
during that year to the respective employees and other associated
persons described in this division.

The
director of rehabilitation and correction and the director of youth
services shall require the respective employees and other associated
persons described in this division to attend and successfully
complete the educational and training program developed pursuant to
this division as a condition of their continuing to have
responsibility for the conduct of, or their continuing to provide
treatment or rehabilitation services pursuant to, any treatment or
rehabilitation program that is offered in a state correctional
institution or in a department of youth services institution to adult
prisoners or juvenile offenders. If the department of
mental

behavioral

health

and
addiction services
charges
a reasonable annual fee as described in this division, the director
involved shall cause that fee to be paid from any available funds of
the department of rehabilitation and correction or any available
funds of the department of youth services.

(C)
The department of rehabilitation and correction and the department of

mental

behavioral

health

and
addiction services
jointly
shall develop program specifications for the alcohol and drug
addiction treatment programs offered in state correctional
institutions.

Sec.
5119.19.
(A)
As used in this section:

(1)
"Community-based correctional facility" has the same
meaning as in section 2929.01 of the Revised Code.

(2)
"Drug used in medication-assisted treatment" means a drug
approved by the United States food and drug administration for use in
medication-assisted treatment, regardless of the method the drug is
administered or the form in which it is dispensed, including an oral
drug, an injectable drug, or a long-acting or extended-release drug.
"Drug used in medication-assisted treatment" includes all
of the following:

(a)
A full agonist;

(b)
A partial agonist;

(c)
An antagonist.

(3)
"Drug used in withdrawal management or detoxification"
means a drug approved by the United States food and drug
administration for use in, or a drug in standard use for, mitigating
opioid or alcohol withdrawal symptoms or assisting with
detoxification, regardless of the method the drug is administered or
the form in which it is dispensed, including an oral drug, an
injectable drug, or a long-acting or extended-release drug. "Drug
used in withdrawal management or detoxification" includes all of
the following:

(a)
A full agonist;

(b)
A partial agonist;

(c)
An antagonist;

(d)
An alpha-2 adrenergic agonist.

(4)
"Medication-assisted treatment" has the same meaning as in
section 340.01 of the Revised Code.

(5)
"Prescribed drug" has the same meaning as in section
5164.01 of the Revised Code.

(6)(a)
"Psychotropic drug" means, except as provided in division
(A)(6)(b) of this section, a drug that has the capability of changing
or controlling mental functioning or behavior through direct
pharmacological action. "Psychotropic drug" includes all of
the following:

(i)
Antipsychotic medications, including those administered or dispensed
in a long-acting injectable form;

(ii)
Antidepressant medications;

(iii)
Anti-anxiety medications;

(iv)
Mood stabilizing medications.

(b)
"Psychotropic drug" excludes a stimulant prescribed for the
treatment of attention deficit hyperactivity disorder.

(7)
"Withdrawal management or detoxification" means a set of
medical interventions aimed at managing the acute physical symptoms
of intoxication and withdrawal. Withdrawal management seeks to
minimize the physical harm caused by the intoxication and withdrawal
from a substance of abuse. Detoxification denotes a clearing of
toxins from the body of the patient who is acutely intoxicated,
dependent on a substance of abuse, or both.

(B)
There is hereby created
a
program to be known as
the
behavioral health drug reimbursement
program.
The
program
,
which

shall be administered by the department of
mental

behavioral

health

and
addiction services
.

The
purpose of the program is to provide state
reimbursement

financial
assistance
to
counties for the cost of the following drugs that are administered or
dispensed to inmates of county jails in this state and individuals
confined in community-based correctional facilities in this state:
psychotropic drugs, drugs used in medication-assisted treatment, and
drugs used in withdrawal management or detoxification.

Each
county shall ensure that inmates of county jails and individuals
confined in community-based correctional facilities have access to
all behavioral health drugs specified in this division that are
prescribed drugs covered by the fee-for-service component of the
medicaid program.

(C)
The department, based on factors it considers appropriate, shall
allocate an amount to each county for
reimbursement
of
drug
costs
that
have been or will be
incurred
by the county pursuant to this section.

(D)
The director of
mental

behavioral

health

and
addiction services
may
adopt rules as necessary to implement this section. The rules, if
adopted, shall be adopted in accordance with Chapter 119. of the
Revised Code.

Sec.
5119.20.
(A)
As used in this section:

"Electroencephalogram
(EEG) combined transcranial magnetic stimulation" means
treatment in which transcranial magnetic stimulation (TMS) frequency
pulses are tuned to the patient's physiology and biometric data.

"First
responder" has the meaning defined in section 2903.01 of the
Revised Code.

"Law
enforcement officer" has the meaning defined in section 9.69 of
the Revised Code.

(B)
The director of
mental

behavioral

health

and
addiction services
shall
establish a program to make electroencephalogram (EEG) combined
transcranial magnetic stimulation available for veterans, first
responders, and law enforcement officers. Eligible individuals must
have substance use disorders, mental illness, sleep disorders,
traumatic brain injuries, sexual trauma, post traumatic stress
disorder and accompanying comorbidities, concussions or other brain
trauma, or other issues identified by the individual's qualified
medical practitioner as issues that would warrant treatment under the
program. The program shall be operated in conjunction with a supplier
selected under this section.

(C)
The director shall choose a location for the program and for up to
ten branch sites, and shall enter into a contract for the purchase of
services related to the program. Each branch site may operate one or
more portable units or EEG combined neuromodulation portable units if
the director determines that portable units or EEG combined
neuromodulation portable units are necessary to expand access to
care. The contract shall include provisions requiring the supplier to
create and conduct a clinical trial, to establish and operate a
clinical practice, to evaluate outcomes of the clinical trial and the
clinical practice, to expend payments received from the state as
needed for purposes of the program, and to report quarterly regarding
the program to the president of the senate and to the standing
committee of the senate that generally considers legislation
regarding veterans affairs.

(D)
There is the electroencephalogram (EEG) combined transcranial
magnetic stimulation fund in the state treasury. It shall consist of
moneys appropriated to it by the general assembly. The director, with
the approval of the controlling board, may authorize a disbursement
from the fund for services rendered under the contract.

(E)
The director shall adopt rules under Chapter 119. of the Revised Code
as necessary to administer this section.

(F)
The supplier, in conducting the clinical trial and in operating the
clinical practice, shall adhere to all of the following:

(1)
The United States food and drug administration regulations governing
the conduct of clinical practice and clinical trials;

(2)
A peer-to-peer support network shall be made available by the
supplier to any individual receiving treatment under the program.

(3)
The program protocol shall use adapted stimulation frequency and
intensity modulation based on EEG and motor threshold testing as well
as clinical symptoms and signs, and biometrics.

(4)
Each individual who receives treatment under the program also shall
receive neurophysiological monitoring, monitoring for symptoms of
substance use and mental health disorders, and access to counseling
and wellness programming. Each individual also shall participate in
the peer-to-peer support network established by the supplier.

(5)
Clinical protocols and outcomes of the clinical trial, and of any
treatment provided by the clinical practice, shall be collected and
reported quarterly in a report provided by the supplier to the
director of
mental

behavioral

health

and
addiction services
and
to the United States food and drug administration.

(6)
Any individual who receives treatment at the clinical practice shall
be eligible for a minimum of two electroencephalograms, plus an
additional electroencephalogram for every ten treatments, during the
course of the individual's treatment.

(7)
The report required by this section shall include a thorough
accounting of the use and expenditure of all funds received from the
state under this section.

(G)
Contracts entered into under this section are subject to section
9.231 and Chapter 125. of the Revised Code.

(H)
Operation of the program established under this section is contingent
upon an appropriation by the general assembly designated for that
purpose.

Sec.
5119.201.
(A)
The director of
mental

behavioral

health

and
addiction services
may
acquire by purchase, lease, or otherwise such real and personal
property rights in the name of the state as are necessary for the
purposes of the department.

(B)
When it is necessary for a state institution under the jurisdiction
of the department to acquire any real estate, right-of-way, or
easement in real estate in order to accomplish the purposes for which
it was organized or is being conducted, and the department is unable
to agree with the owner of such property upon the price to be paid
for the property, such property may be appropriated in the manner
provided for the appropriation of property for other state purposes.

(C)
The director may work with the department of administrative services
to sell, lease, or exchange portions of real and personal property of
the department when the sale, lease, or exchange is advantageous to
the state. Money received from such sales, leases, or exchanges shall
be credited to the
the

department of
mental

behavioral

health

and
addiction services
trust
fund, created in section 5119.46 of the Revised Code.

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

Sec.
5119.21.
(A)
The department of
mental

behavioral

health

and
addiction services
shall:

(1)
To the extent the department has available resources and in
consultation with boards of alcohol, drug addiction, and mental
health services, support the community-based continuum of care that
the boards are required by section 340.032 of the Revised Code to
establish. The department shall provide the support on a district or
multi-district basis. The department shall assist in identifying
resources, and may prioritize support, for one or more of the
elements of the community-based continuum of care. For the purpose of
division (A)(10) of section 340.032 of the Revised Code and to the
extent the department determines is necessary, the department shall
define additional elements to be included in the community-based
continuum of care.

(2)
Provide training, consultation, and technical assistance regarding
addiction services, mental health services, recovery supports, and
appropriate prevention, recovery, and mental health promotion
activities, including those that are culturally competent, to
employees of the department, community addiction services providers,
community mental health services providers, and boards of alcohol,
drug addiction, and mental health services;

(3)
To the extent the department has available resources, promote and
support a full range of addiction services, mental health services,
and recovery supports that are available and accessible to all
residents of this state, especially for severely emotionally
disturbed children and adolescents, adults with severe mental
disabilities, pregnant women, parents, guardians or custodians of
children at risk of abuse or neglect, and other special target
populations, including racial and ethnic minorities, as determined by
the department;

(4)
Develop standards and measures for both of the following:

(a)
Evaluating the effectiveness of addiction services, including opioid
treatment programs, of mental health services, and of recovery
supports;

(b)
Increasing the accountability of community addiction services
providers and community mental health services providers.

(5)
Design and set criteria for the determination of priority
populations;

(6)
Promote, direct, conduct, and coordinate scientific research, taking
ethnic and racial differences into consideration, concerning all of
the following:

(a)
The causes and prevention of mental illness and addiction;

(b)
Methods of providing effective addiction services, mental health
services, and recovery supports;

(c)
Means of enhancing the mental health of and recovery from addiction
of all residents of this state.

(7)
Foster the establishment and availability of vocational
rehabilitation services and the creation of employment opportunities
for individuals with addiction and mental health needs, including
members of racial and ethnic minorities;

(8)
Establish a program to protect and promote the rights of persons
receiving addiction services, mental health services, and recovery
supports, including the issuance of guidelines on informed consent
and other rights;

(9)
Promote the involvement of persons who are receiving or have received
addiction services, mental health services, and recovery supports
including families and other persons having a close relationship to a
person receiving those services and supports, in the planning,
evaluation, delivery, and operation of addiction services, mental
health services, and recovery supports;

(10)
Notify and consult with the relevant constituencies that may be
affected by rules, standards, and guidelines issued by the department
of
mental

behavioral

health

and
addiction services
.
These constituencies shall include consumers of addiction services,
mental health services, and recovery supports and the families of
such consumers. These constituencies may include public and private
providers, employee organizations, and others when appropriate.
Whenever the department proposes the adoption, amendment, or
rescission of rules under Chapter 119. of the Revised Code, the
notification and consultation required by this division shall occur
prior to the commencement of proceedings under Chapter 119. The
department shall adopt rules under Chapter 119. of the Revised Code
that establish procedures for the notification and consultation
required by this division.

(11)
Provide consultation to the department of rehabilitation and
correction concerning the delivery of addiction services and mental
health services in state correctional institutions;

(12)
Promote and coordinate efforts in the provision of addiction services
by other state agencies, as defined in section 1.60 of the Revised
Code; courts; hospitals; clinics; physicians in private practice;
public health authorities; boards of alcohol, drug addiction, and
mental health services; community addiction services providers; law
enforcement agencies; and related groups;

(13)
Provide to each court of record, and biennially update, a list of the
treatment and education programs within that court's jurisdiction
that the court may require an offender, sentenced pursuant to section
4511.19 of the Revised Code, to attend;

(14)
Make the warning sign described in sections 3313.752, 3345.41, and
3707.50 of the Revised Code available on the department's internet
web site;

(15)
Provide a program of gambling addiction services on behalf of the
state lottery commission, pursuant to an agreement entered into with
the director of the commission under division (K) of section 3770.02
of the Revised Code, and provide a program of gambling addiction
services on behalf of the Ohio casino control commission, under an
agreement entered into with the executive director of the commission
under section 3772.062 of the Revised Code. Under Section 6(C)(3) of
Article XV, Ohio Constitution, the department may enter into
agreements with boards of alcohol, drug addiction, and mental health
services, including boards with districts in which a casino facility
is not located, and nonprofit organizations to provide addiction
services, and with state institutions of higher education or private
nonprofit institutions that possess a certificate of authorization
issued under Chapter 1713. of the Revised Code to perform related
research.

(B)
The department may accept and administer grants from public or
private sources for carrying out any of the duties enumerated in this
section.

(C)
The department may adopt rules in accordance with Chapter 119. of the
Revised Code as necessary to implement the requirements of this
chapter.

Sec.
5119.211.
The
department of behavioral health may establish a process and standards
for the state certification of certified community behavioral health
clinics. The process and standards may be based on the provisions of
section 223 of the "Protecting Access to Medicare Act of 2014,"
42 U.S.C. 1396a note.

If
the department establishes a process and standards for the state
certification of certified community behavioral health clinics, the
department may coordinate with local, state, and federal government
entities for the development and establishment of the clinics.

The
director of behavioral health may adopt rules as the director
considers necessary to implement this section. If the director adopts
rules, the rules shall be adopted in accordance with Chapter 119. of
the Revised Code.

Sec.
5119.22.
The
director of
mental

behavioral

health

and
addiction services
,
with respect to all mental health and addiction facilities, addiction
services, mental health services, and recovery supports established
and operated or provided under Chapter 340. of the Revised Code,
shall do all of the following:

(A)
Adopt rules pursuant to Chapter 119. of the Revised Code that may be
necessary to carry out the purposes of this chapter and Chapters 340.
and 5122. of the Revised Code.

(B)
Review and evaluate the community-based continuum of care required by
section 340.032 of the Revised Code to be established in each service
district, taking into account the findings and recommendations of the
board of alcohol, drug addiction, and mental health services of the
district submitted under division (A)(4) of section 340.03 of the
Revised Code and the priorities and plans of the department of
mental

behavioral

health

and
addiction services
,
including the needs of residents of the district currently receiving
services in state-operated hospitals, and make recommendations for
needed improvements to boards of alcohol, drug addiction, and mental
health services;

(C)
At the director's discretion, provide to boards of alcohol, drug
addiction, and mental health services state or federal funds, in
addition to those allocated under section 5119.23 of the Revised
Code, for special programs or projects the director considers
necessary but for which local funds are not available;

(D)
Establish criteria by which each board of alcohol, drug addiction,
and mental health services reviews and evaluates the quality,
effectiveness, and efficiency of the facility services, addiction
services, mental health services, and recovery supports for which it
contracts under section 340.036 of the Revised Code. The criteria
shall include requirements ensuring appropriate utilization of the
services and supports. The department shall assess each board's
evaluation of the services and supports and the compliance of each
board with this section, Chapter 340. of the Revised Code, and other
state or federal law and regulations. The department, in cooperation
with the board, periodically shall review and evaluate the quality,
effectiveness, and efficiency of the facility services, addiction
services, mental health services, and recovery supports for which
each board contracts under section 340.036 of the Revised Code and
the facilities, addiction services, and mental health services that
each board operates or provides under section 340.037 of the Revised
Code. The department shall collect information that is necessary to
perform these functions.

(E)
To the extent the director determines necessary and after consulting
with boards of alcohol, drug addiction, and mental health services,
community addiction services providers, and community mental health
services providers, develop and operate, or contract for the
operation of, a community behavioral health information system or
systems. The department shall specify the information that must be
provided by the boards and providers for inclusion in the system or
systems.

Boards
of alcohol, drug addiction, and mental health services, community
addiction services providers, and community mental health services
providers shall submit information requested by the department in the
form and manner and in accordance with time frames prescribed by the
department. Information collected by the department may include all
of the following:

(1)
Information on addiction services, mental health services, and
recovery supports provided;

(2)
Financial information regarding expenditures of federal, state, or
local funds;

(3)
Information about persons served.

The
department shall not collect any personal information from the boards
or providers except as required or permitted by state or federal law
for purposes related to payment, health care operations, program and
service evaluation, reporting activities, research, system
administration, and oversight.

(F)
In consultation with representatives of boards of alcohol, drug
addiction, and mental health services and after consideration of
recommendations made by the medical director appointed under section
5119.11 of the Revised Code, establish all of the following:

(1)
Guidelines, including a timetable, for the boards' development and
submission of proposed community addiction and mental health plans,
budgets, and lists of addiction services, mental health services, and
recovery supports under sections 340.03 and 340.08 of the Revised
Code;

(2)
Procedures, including a timetable, for the director's review and
approval or disapproval of the plans, budgets, and lists;

(3)
Procedures for corrective action regarding the plans, budgets, and
lists, including submission of revised or new plans, budgets, and
lists;

(4)
Procedures for the director to follow in offering technical
assistance to boards to assist them in making the plans, budgets, and
lists acceptable or in making proposed amendments to approved plans,
budgets, and lists meet criteria for approval;

(5)
Procedures for issuing time-limited waivers under section 5119.221 of
the Revised Code.

(G)
Review each board's proposed community addiction and mental health
plan, budget, and list of addiction services, mental health services,
and recovery supports submitted pursuant to sections 340.03 and
340.08 of the Revised Code and approve or disapprove the plan, the
budget, and the list in whole or in part. The director shall
disapprove a board's proposed budget in whole or in part if the
proposed budget would not make available in the board's service
district the essential elements of the community-based continuum of
care required by section 340.032 of the Revised Code, including,
except as otherwise authorized by a time-limited waiver issued under
section 5119.221 of the Revised Code, an array of addiction services
and recovery supports for all levels of opioid and co-occurring drug
addiction.

Prior
to a final decision to disapprove a plan, budget, or list in whole or
in part, a representative of the director shall meet with the board
and discuss the reason for the action the director proposes to take
and any corrective action that should be taken to make the plan,
budget, or list acceptable to the director. In addition, the director
shall offer technical assistance to the board to assist it to make
the plan, budget, or list acceptable. The director shall give the
board a reasonable time in which to revise the plan, budget, or list.
The board thereafter shall submit a revised plan, budget, or list or
a new plan, budget, or list.

(H)
Approve or disapprove all or part of proposed amendments that a board
of alcohol, drug addiction, or mental health services submits under
section 340.03 or 340.08 of the Revised Code to an approved community
addiction and mental health plan, budget, or list of addiction
services, mental health services, and recovery supports.

If
the director disapproves of all or part of any proposed amendment,
the director shall provide the board an opportunity to present its
position. The director shall inform the board of the reasons for the
disapproval and of the criteria that must be met before the proposed
amendment may be approved. The director shall give the board a
reasonable time within which to meet the criteria and shall offer
technical assistance to the board to help it meet the criteria.

Sec.
5119.221.
(A)
The director of
mental

behavioral

health

and
addiction services
,
in accordance with procedures established under division (F)(5) of
section 5119.22 of the Revised Code, may issue to a board of alcohol,
drug addiction, and mental health services a time-limited waiver of
the requirement of section 340.033 of the Revised Code that
ambulatory detoxification and medication-assisted treatment be made
available within the borders of the board's service district if the
director determines that both of the following apply:

(1)
The board seeking the waiver has made reasonable efforts to make
ambulatory detoxification and medication-assisted treatment available
within the borders of the board's service district;

(2)
Ambulatory detoxification and medication-assisted treatment can be
made available through one or more contracts between the board
seeking the waiver and community addiction services providers that
are located not more than thirty miles beyond the borders of the
board's service district.

(B)
Each waiver issued under this section shall specify the amount of
time for which it is in effect and whether it applies to ambulatory
detoxification, medication-assisted treatment, or both.

Sec.
5119.23.
(A)
The department of
mental

behavioral

health

and
addiction services
shall
establish a methodology for allocating to boards of alcohol, drug
addiction, and mental health services the funds appropriated by the
general assembly to the department for the purpose of the
community-based continuum of care that each board establishes under
section 340.032 of the Revised Code. The department shall establish
the methodology after notifying and consulting with relevant
constituencies as required by division (A)(10) of section 5119.21 of
the Revised Code. The methodology may provide for the funds to be
allocated to boards on a district or multi-district basis.

(B)
Subject to section 5119.25 of the Revised Code, and to required
submissions and approvals under sections 340.08 and 5119.22 of the
Revised Code, the department shall allocate the funds to the boards
in a manner consistent with the methodology, this section, other
state and federal laws, rules, and regulations.

(C)
In consultation with boards, community addiction services providers,
community mental health services providers, and persons receiving
addiction services, mental health services, and recovery supports,
the department shall establish guidelines for the use of funds
allocated under this section.

Sec.
5119.24.
(A)
As used in this section, "administrative function" means a
function related to one or more of the following:

(1)
Continuous quality improvement;

(2)
Utilization review;

(3)
Resource development;

(4)
Fiscal administration;

(5)
General administration;

(6)
Any other function related to administration that is required by
Chapter 340. of the Revised Code.

(B)
Each board of alcohol, drug addiction, and mental health services
shall submit an annual report to the department of
mental

behavioral

health

and
addiction services
specifying
how the board used funds allocated to the board under section 5119.23
of the Revised Code for administrative functions in the year
preceding the report's submission. The director of
mental

behavioral

health

and
addiction services
shall
establish the date by which the report must be submitted each year.

Sec.
5119.25.
(A)
The director of
mental

behavioral

health

and
addiction services
may
withhold funds, in whole or in part, that otherwise are to be
allocated to a board of alcohol, drug addiction, and mental health
services under section 5119.23 of the Revised Code if either of the
following circumstances apply:

(1)
The board fails to comply with Chapter 340. or 5119. of the Revised
Code or rules of the department of
mental

behavioral

health

and
addiction services
;

(2)
The board denies available service on the basis of race, color,
religion, ancestry, military status, sex, age, national origin,
disability as defined in section 4112.01 of the Revised Code, or
developmental disability.

(B)
The director shall withhold funds, in whole or in part, that
otherwise are to be allocated to a board under section 5119.23 of the
Revised Code if either of the following circumstances apply:

(1)
The director, under division (G) of section 5119.22 of the Revised
Code, disapproves all or part of the board's proposed community
addiction and mental health plan, budget, or list of addiction
services, mental health services, and recovery supports;

(2)
The board's use of state and federal funds fails to comply with the
board's approved budget, including approved amendments to the budget.

(C)
The director shall issue a notice identifying the areas of
noncompliance and the action necessary to achieve compliance. The
director may offer technical assistance to the board to achieve
compliance. The board shall have thirty days from receipt of the
notice of noncompliance to present its position that it is in
compliance or to submit to the director evidence of corrective action
the board took to achieve compliance. Before withholding funds, the
director or the director's designee shall hold a hearing within
thirty days of receipt of the board's position or evidence to
determine if there are continuing violations and that either
assistance is rejected or the board is unable, or has failed, to
achieve compliance. The director may appoint a representative from
another board of alcohol, drug addiction, and mental health services
to serve as a mentor for the board in developing and executing a plan
of corrective action to achieve compliance. Any such representative
shall be from a board that is in compliance with Chapter 340. of the
Revised Code, this chapter, and the department's rules. Subsequent to
the hearing process, if it is determined that compliance has not been
achieved, the director may allocate all or part of the withheld funds
to one or more community mental health services providers or
community addiction services providers to provide the mental health
service, addiction service, or recovery support for which the board
is not in compliance until the time that there is compliance.

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

Sec.
5119.27.
(A)
As used in this section:

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

(2)
"Federally assisted," "program," and "substance
use disorder" have the same meanings as in 42 C.F.R. 2.11 and as
further described in 42 C.F.R. 2.12(b).

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

(B)
In accordance with 42 U.S.C. 290dd-2, records or information created
or maintained by a federally assisted program for the treatment of
substance use disorders shall be kept confidential and may be
disclosed only for the purposes and under the circumstances expressly
authorized under 42 C.F.R. Part 2.

(C)
When the person, with respect to whom any record or information
referred to in division (B) of this section is maintained, gives
consent in the form of a written release signed by the person, the
content of the record or information may be disclosed if the written
release conforms to all of the requirements set forth in 42 C.F.R.
2.31.

(D)
In accordance with 42 C.F.R. 2.35, a person who is subject to a
community control sanction, a post-release control sanction, is on
parole, or is ordered to intervention in lieu of conviction, and who
has agreed to participate in a federally assisted program for the
treatment of substance use disorders as a condition of the community
control sanction, post-release control sanction, parole, or
intervention order, shall consent to the release of records and
information relating to the progress of treatment, frequency of
treatment, adherence to treatment requirements, and probable outcome
of treatment. Release of information and records under this division
shall be limited to the court or governmental personnel having the
responsibility for supervising the person's community control
sanction, post-release control sanction, parole, or intervention
order. A person, described in this division, who refuses to allow
disclosure may be considered in violation of the conditions of the
person's community control sanction, post-release control sanction,
parole, or intervention order.

(E)
In accordance with 42 C.F.R. 2.52 and 2.53, disclosure of a person's
record may be made without the person's consent to qualified
personnel for the purpose of conducting scientific research,
management, financial audits, or program evaluation, but these
personnel may not identify, directly or indirectly, any particular
person in any report of the research, audit, or evaluation, or
otherwise disclose a person's identity in any manner.

(F)
In accordance with 42 C.F.R. 2.66, upon the request of a prosecuting
attorney or the director of
mental

behavioral

health

and
addiction services
,
a court of competent jurisdiction may order the disclosure of records
or information referred to in division (B) of this section if the
court has reason to believe that a federally assisted program for the
treatment of substance use disorders is being operated or used in a
manner contrary to law. The use of any information or record so
disclosed shall be limited to the prosecution of persons who are or
may be charged with any offense related to the illegal operation or
use of the program, or to the decision to withdraw the authority of a
the program to continue operation. For purposes of this division the
court shall do all of the following:

(1)
Limit disclosure to those parts of the person's record considered
essential to fulfill the objective for which the order was granted;

(2)
Require, where appropriate, that all information be disclosed in
chambers;

(3)
Include any other appropriate measures to keep disclosure to a
minimum, consistent with the protection of the persons seeking or
receiving services, the provider-client relationship, and the
administration of the program.

Sec.
5119.28.
(A)
All records, and reports, other than court journal entries or court
docket entries, identifying a person and pertaining to the person's
mental health condition, assessment, provision of care, treatment, or
recovery supports, or payment for assessment, care, treatment, or
recovery supports that are maintained in connection with any services
certified by the department of
mental

behavioral

health

and
addiction services
,
any recovery supports paid for with funds administered by the
department or a board of alcohol, drug addiction, and mental health
services, or any hospitals or facilities licensed or operated by the
department, shall be kept confidential and shall not be disclosed by
any person except:

(1)
If the person identified, or the person's legal guardian, if any, or
if the person is a minor, the person's parent or legal guardian,
consents;

(2)
When disclosure is provided for in this chapter or Chapter 340. or
5122. of the Revised Code or in accordance with other provisions of
state or federal law authorizing such disclosure;

(3)
That hospitals, boards of alcohol, drug addiction, and mental health
services, licensed facilities, and community mental health services
providers may release necessary information to insurers and other
third-party payers, including government entities responsible for
processing and authorizing payment, to obtain payment for goods and
services furnished to the person;

(4)
Pursuant to a court order signed by a judge;

(5)
That a person shall be granted access to the person's own psychiatric
and medical records, unless access specifically is restricted in a
person's treatment plan for clear treatment reasons;

(6)
That the department of
mental

behavioral

health

and
addiction services
may
exchange psychiatric records and other pertinent information with
community mental health services providers and boards of alcohol,
drug addiction, and mental health services relating to the person's
care or services. Records and information that may be exchanged
pursuant to this division shall be limited to medication history,
physical health status and history, financial status, summary of
course of treatment, summary of treatment needs, and a discharge
summary, if any.

(7)
That the department of
mental

behavioral

health

and
addiction services
,
hospitals and community providers operated by the department,
hospitals licensed by the department under section 5119.33 of the
Revised Code, and community mental health services providers may
exchange psychiatric records and other pertinent information with
payers and other providers of treatment and health services if the
purpose of the exchange is to facilitate continuity of care for the
person or for the emergency treatment of the person;

(8)
That the department of
mental

behavioral

health

and
addiction services
and
community mental health services providers may exchange psychiatric
records and other pertinent information with boards of alcohol, drug
addiction, and mental health services for purposes of any board
function set forth in Chapter 340. of the Revised Code. Boards of
alcohol, drug addiction, and mental health services shall not access
any personal information from the department or providers except as
required or permitted by this section, or Chapter 340. or 5122. of
the Revised Code for purposes related to payment, care coordination,
health care operations, program and service evaluation, reporting
activities, research, system administration, oversight, or other
authorized purposes.

(9)
That a person's family member who is involved in the provision,
planning, and monitoring of services to the person may receive
medication information, a summary of the person's diagnosis and
prognosis, and a list of the services and personnel available to
assist the person and the person's family, if the person's treatment
provider determines that the disclosure would be in the best
interests of the person. No such disclosure shall be made unless the
person is notified first and receives the information and does not
object to the disclosure.

(10)
That community mental health services providers may exchange
psychiatric records and certain other information with the board of
alcohol, drug addiction, and mental health services and other
providers in order to provide services to a person involuntarily
committed to a board. Release of records under this division shall be
limited to medication history, physical health status and history,
financial status, summary of course of treatment, summary of
treatment needs, and discharge summary, if any.

(11)
That information may be disclosed to the executor or the
administrator of an estate of a deceased person when the information
is necessary to administer the estate;

(12)
That information may be disclosed to staff members of the appropriate
board or to staff members designated by the director of
mental

behavioral

health

and
addiction services
for
the purpose of evaluating the quality, effectiveness, and efficiency
of mental health services and recovery supports and determining if
the services and supports meet minimum standards. Information
obtained during such evaluations shall not be retained with the name
of any person.

(13)
That records pertaining to the person's diagnosis, course of
treatment, treatment needs, and prognosis shall be disclosed and
released to the appropriate prosecuting attorney if the person was
committed pursuant to section 2945.38, 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised Code, or to the attorney designated by the
board for proceedings pursuant to involuntary commitment under
Chapter 5122. of the Revised Code;

(14)
That the department of
mental

behavioral

health

and
addiction services
may
exchange psychiatric hospitalization records, other mental health
treatment records, and other pertinent information with the
department of rehabilitation and correction and with the department
of youth services to ensure continuity of care for inmates and
offenders who are receiving mental health services in an institution
of the department of rehabilitation and correction or the department
of youth services and may exchange psychiatric hospitalization
records, other mental health treatment records, and other pertinent
information with boards of alcohol, drug addiction, and mental health
services and community mental health services providers to ensure
continuity of care for inmates or offenders who are receiving mental
health services in an institution and are scheduled for release
within six months. The release of records under this division is
limited to records regarding an inmate's or offender's medication
history, physical health status and history, summary of course of
treatment, summary of treatment needs, and a discharge summary, if
any.

(15)
That a community mental health services provider that ceases to
operate may transfer to either a community mental health services
provider that assumes its caseload or to the board of alcohol, drug
addiction, and mental health services of the service district in
which the person resided at the time mental health services or
recovery supports were most recently provided any records concerning
the services or supports that have not been transferred elsewhere at
the person's request;

(16)
That records and reports relating to a person who has been deceased
for fifty years or more are no longer considered confidential.

(B)
Before records are disclosed pursuant to divisions (A)(3), (6), and
(10) of this section, the custodian of the records shall attempt to
obtain the person's consent for the disclosure.

(C)
No person shall reveal the content of a medical record of a person
that is confidential pursuant to this section, except as authorized
by law.

Sec.
5119.29.
The
department of
mental

behavioral

health

and
addiction services
,
in conjunction with boards of alcohol, drug addiction, and mental
health services and community mental health boards, shall develop a
coordinated system for tracking and monitoring persons found not
guilty by reason of insanity and committed pursuant to section
2945.40 of the Revised Code who have been granted a conditional
release and persons found incompetent to stand trial and committed
pursuant to section 2945.39 of the Revised Code who have been granted
a conditional release. The system shall do all of the following:

(A)
Centralize responsibility for the tracking of those persons;

(B)
Develop uniformity in monitoring those persons;

(C)
Develop a mechanism to allow prompt rehospitalization,
reinstitutionalization, or detention when a violation of the
conditional release or decompensation occurs.

Sec.
5119.30.
The
department of
mental

behavioral

health

and
addiction services
promptly
shall develop and maintain a program that continually provides the
courts of this state with relevant information pertaining to
addiction services and programs available both within their
jurisdictions and statewide in order to facilitate the ability of the
courts to utilize treatment and rehabilitation alternatives in
addition to or in lieu of imposing sentences of imprisonment upon
appropriate offenders.

Sec.
5119.31.
The
department of administrative services shall purchase all supplies
needed for the proper support and maintenance of the institutions
under the control of the department of
mental

behavioral

health

and
addiction services
in
accordance with the competitive selection procedures of Chapter 125.
of the Revised Code and such rules as the department of
administrative services adopts. All bids shall be publicly opened on
the day and hour and at the place specified in the advertisement.

Preference
shall be given to bidders in localities wherein the institution is
located, if the price is fair and reasonable and not greater than the
usual price; but bids not meeting the specifications shall be
rejected.

The
department of administrative services may require such security as it
considers proper to accompany the bids and shall fix the security to
be given by the contractor.

The
department of administrative services may reject any or all bids and
secure new bids, if for any reason it is deemed for the best interest
of the state to do so, and it may authorize the managing officer of
any institution to purchase perishable goods and supplies for use in
cases of emergency, in which cases such managing officer shall
certify such fact in writing and the department of administrative
services shall record the reasons for such purchase.

Sec.
5119.311.
The
department of
mental

behavioral

health

and
addiction services
may
examine into, with or without expert assistance, the question of the
mental and physical condition of any person committed to or
involuntarily confined in any hospital for persons with mental
illnesses, or restrained of liberty at any place within this state by
reason of alleged mental illness and may order and compel the
discharge of any such person who is not a person with a mental
illness subject to court order as defined in division (B) of section
5122.01 of the Revised Code and direct what disposition shall be made
of the person. The order of discharge shall be signed by the director
of
mental

behavioral

health

and
addiction services
.
Upon receipt of such order by the superintendent or other person in
charge of the building in which the person named in such order is
confined, such person shall forthwith be discharged or otherwise
disposed of according to the terms of said order, and any further or
other detention of such person is unlawful. No such order shall be
made in favor of any person committed and held for trial on a
criminal charge, in confinement by an order of a judge or court made
in a criminal proceeding, or in any case unless notice is given to
the superintendent or other person having charge of the building in
which the alleged person with a mental illness is detained, and a
reasonable opportunity is allowed the person in charge to justify
further detention of the person confined.

Sec.
5119.32.
The
department of
mental

behavioral

health

and
addiction services
is
hereby designated as the state administrative agency for the
substance abuse prevention treatment block grant and the community
mental health services block grant authorized by the "Public
Health Services Act," 95 Stat. 357, 543, 42 U.S.C. 300x, as
amended, and similar alcohol, drug abuse, or mental health programs
that are specified in an appropriations act.

Sec.
5119.33.
(A)(1)

(A)

The
department of
mental

behavioral

health

and
addiction services
shall
inspect and license all hospitals that receive persons with mental
illnesses, except those hospitals managed by the department. No
hospital may receive for care or treatment, either at public or
private expense, any person who is or appears to have a mental
illness, whether or not so adjudicated, unless the hospital has
received a license from the department authorizing it to receive for
care or treatment persons with mental illnesses or the hospital is
managed by the department.

(2)
No such license shall be granted to a hospital for the treatment of
persons with mental illnesses unless both of the following are the
case:

(a)
The department is satisfied, after investigation, that the hospital
is managed and operated by qualified persons, is adequately staffed
and equipped to operate, and has on its staff one or more qualified
physicians responsible for the medical care of the patients confined
there. At least one such physician shall be a psychiatrist.

(b)
The department has not been notified under section 5119.334 of the
Revised Code or is not otherwise aware that the hospital, or any
owner, sponsor, medical director, administrator, or principal of the
hospital, has been the subject of an adverse action, as defined in
that section, taken during the three-year period immediately
preceding the date of application.

(B)
The department shall adopt rules under Chapter 119. of the Revised
Code prescribing minimum standards for the operation of hospitals for
the care and treatment of persons with mental illnesses and
establishing standards and procedures for the issuance, renewal, or
revocation of full, probationary, and interim licenses. No license
shall be granted to any hospital established or used for the care of
persons with mental illnesses unless such hospital is operating in
accordance with this section and rules adopted pursuant to this
section. A full license shall expire one year after the date of
issuance, a probationary license shall expire at the time prescribed
by rule adopted pursuant to Chapter 119. of the Revised Code by the
director of
mental

behavioral

health

and
addiction services
,
and an interim license shall expire ninety days after the date of
issuance. A full, probationary, or interim license may be renewed,
except that an interim license may be renewed only twice. The
department may fix reasonable fees for licenses and for license
renewals. Such hospitals are subject to inspection and on-site review
by the department.

(C)
Except as otherwise provided in Chapter 5122. of the Revised Code,
neither the director of
mental

behavioral

health

and
addiction services
;
an employee of the department; a board of alcohol, drug addiction,
and mental health services or employee of a community mental health
services provider; nor any other public official shall hospitalize
any person with a mental illness for care or treatment in any
hospital that is not licensed in accordance with this section.

(D)(1)
The department may issue an order suspending the admission of
patients with mental illnesses to a hospital for care or treatment if
it finds either of the following:

(a)
The hospital is not in compliance with rules adopted by the director
pursuant to this section.

(b)
The hospital has been cited for more than one violation of statutes
or rules during any previous period of time during which the hospital
is licensed pursuant to this section.

(2)(a)
Except as provided in division (D)(2)(b) of this section, proceedings
initiated to suspend the admission of patients are governed by
Chapter 119. of the Revised Code.

(b)
If a suspension of admissions is proposed because the director has
determined that the licensee has demonstrated a pattern of serious
noncompliance or that a violation creates a substantial risk to the
health and safety of patients, the director may issue an order
imposing the suspension of admissions before providing an opportunity
for an adjudication under Chapter 119. of the Revised Code. The
director shall lift the order for the suspension of admissions if the
director determines that the violation that formed the basis for the
order has been corrected.

(3)
Appeals from proceedings initiated to order the suspension of
admissions shall be conducted in accordance with Chapter 119. of the
Revised Code, unless the order was issued before providing an
opportunity for an adjudication, in which case all of the following
apply:

(a)
The licensee may request a hearing not later than ten days after
being served in accordance with sections 119.05 and 119.07 of the
Revised Code.

(b)
If a timely request for a hearing that includes the licensee's
current address is made, the hearing shall commence not later than
thirty days after the department receives the request.

(c)
After commencing, the hearing shall continue uninterrupted, except
for Saturdays, Sundays, and legal holidays, unless other
interruptions are agreed to by the licensee and the director.

(d)
If the hearing is conducted by a hearing examiner, the hearing
examiner shall file a report and recommendations with the department
not later than ten days after the last of the following:

(i)
The close of the hearing;

(ii)
If a transcript of the proceedings is ordered, the hearing examiner
receives the transcript;

(iii)
If post-hearing briefs are timely filed, the hearing examiner
receives the briefs.

(e)
The hearing examiner shall send a written copy of the report and
recommendations, by certified mail, to the licensee, or the
licensee's attorney, if applicable, not later than five days after
the report is filed with the department.

(f)
Not later than five days after receiving the report and
recommendations, the licensee may file objections with the
department.

(g)
Not later than fifteen days after the hearing examiner files the
report and recommendations, the department shall issue an order
approving, modifying, or disapproving the report and recommendations.

(h)
Notwithstanding the pendency of the hearing, the department shall
lift the order for the suspension of admissions if the department
determines the violation that formed the basis for the order has been
corrected.

(E)(1)

Any
license issued by the department under this section may be revoked or
not renewed by the department
The
department may deny, refuse to renew, or revoke a license
for
any of the following reasons:

(a)
The hospital is
no
longer
not

a
suitable place for the care or treatment of persons with mental
illnesses.

(b)
The hospital refuses to be subject to inspection or on-site review by
the department.

(c)
The hospital
has
failed
fails

to
furnish humane, kind, and adequate treatment and care.

(d)
The hospital fails to comply with the licensure rules of the
department.

(e)
The department finds that the hospital is not managed and operated by
qualified persons, is not adequately staffed and equipped to operate,
or does not have on its staff one or more qualified physicians,
including at least one psychiatrist, who is responsible for the care
of the patients in the hospital.

(f)
The department has been notified under section 5119.334 of the
Revised Code or otherwise becomes aware that the hospital, any owner,
sponsor, medical director, administrator, or principal of the
hospital, or any subsidiary of the hospital, owner, or sponsor has
been the subject of an adverse action, as defined in that section,
taken during the three-year period immediately preceding the date of
notification or date of becoming aware of the adverse action.

(2)
Proceedings initiated to deny applications for full or probationary
licenses, to refuse to renew full or probationary licenses, or to
revoke full or probationary licenses are governed by Chapter 119. of
the Revised Code. If an order has been issued suspending the
admission of patients, the order remains in effect during the
pendency of those proceedings.

(F)(1)
In a proceeding initiated to suspend the admission of patients, to
deny an application for a full or probationary license, to refuse to
renew a full or probationary license, or to revoke a full or
probationary license, the department may order the suspension,
denial, refusal, or revocation regardless of whether some or all of
the deficiencies that prompted the proceedings have been corrected at
the time of the hearing.

(2)
When the department issues an order suspending the admission of
patients, denies an application for a full or probationary license,
refuses to renew a full or probationary license, or revokes a full or
probationary license, the department shall not grant an opportunity
for submitting a plan of correction.

(G)
The department may inspect, conduct an on-site review, and review the
records of any hospital that the department has reason to believe is
operating without a license.

Sec.
5119.331.
If
the department of
mental

behavioral

health

and
addiction services
determines
that a hospital not licensed by the department is receiving for care
or treatment any person who is or appears to have a mental illness,
the department may request in writing that the attorney general
petition the court of common pleas in the county where the hospital
is located to enjoin the hospital from continued operation in
violation of section 5119.33 of the Revised Code.

Sec.
5119.332.
No
third-party payer shall directly or indirectly reimburse, nor shall
any person be obligated to pay any hospital for psychiatric services
for which a license is required under section 5119.33 of the Revised
Code unless the hospital is licensed by the department of
mental

behavioral

health

and
addiction services
.

As
used in this section, "third-party payer" means a health
insuring corporation licensed under Chapter 1751. of the Revised
Code, an insurance company that issues sickness and accident
insurance in conformity with Chapter 3923. of the Revised Code, a
state-financed health insurance program under Chapter 3701., 4123.,
or 5101. of the Revised Code, or any self-insurance plan.

Sec.
5119.333.
No
person shall keep or maintain a hospital for the care or treatment of
persons with mental illnesses unless it is licensed by the department
of
mental

behavioral

health

and
addiction services
,
as provided by section 5119.33 of the Revised Code.

Sec.
5119.334.
(A)
As used in this section, "adverse action" means an action
by a state, provincial, federal, or other licensing or regulatory
authority
other
than the department of behavioral health
to
deny, revoke, suspend, place on probation, or otherwise restrict a
license, certificate, or other approval to operate a hospital or
practice a health care profession.

(B)(1)
When submitting an application for initial or renewed licensure of a
hospital under section 5119.33 of the Revised Code, the applicant
shall notify the department of
mental

behavioral

health

and
addiction services
of
any adverse action taken against
any
of
the

following
during the three-year period immediately preceding the date of
application:

(a)
The
hospital

or
the hospital's
;

(b)
Any
owner,
sponsor, medical director, administrator, or
any
of its principals within
principal
of
the

three-year
period immediately preceding the date of application
hospital;

(c)
Any subsidiary of the hospital, owner, or sponsor
.

(2)
Not later than seven days after receiving a notice of adverse action

from
a licensing or regulatory authority that is other than the department
of mental health and addiction services
,
the holder of a hospital license issued under section 5119.33 of the
Revised Code shall notify the department of the action.

(C)
To notify the department as required by this section, a copy of the
notice of adverse action shall be provided to the department.

Sec.
5119.34.
(A)
As used in this section and sections 5119.341 to
5119.343

5119.344

of
the Revised Code:

(1)
"Accommodations" means housing, daily meal preparation,
laundry, housekeeping, arranging for transportation, social and
recreational activities, maintenance, security, and other services
that do not constitute personal care services or skilled nursing
care.

(2)
"ADAMHS board" means a board of alcohol, drug addiction,
and mental health services.

(3)
"Adult" means a person who is eighteen years of age or
older, other than a person described in division (A)(4) of this
section who is between eighteen and twenty-one years of age.

(4)
"Child" means a person who is under eighteen years of age
or a person with a mental disability who is under twenty-one years of
age.

(5)

"Community
mental health services provider" means a community mental health
services provider as defined in section 5119.01 of the Revised Code.

(6)
"Community mental health services" means any mental health
services certified by the department pursuant to section 5119.36 of
the Revised Code.

(7)

"Operator" means the person or persons, firm, partnership,
agency, governing body, association, corporation, or other entity
that is responsible for the administration and management of a
residential facility and that is the applicant for a residential
facility license.

(8)
(6)

"Personal care services" means services including, but not
limited to, the following:

(a)
Assisting residents with activities of daily living;

(b)
Assisting residents with self-administration of medication in
accordance with rules adopted under this section;

(c)
Preparing special diets, other than complex therapeutic diets, for
residents pursuant to the instructions of a physician or a licensed
dietitian, in accordance with rules adopted under this section.

"Personal
care services" does not include "skilled nursing care"
as defined in section 3721.01 of the Revised Code. A facility need
not provide more than one of the services listed in division

(A)(8)
(A)(6)

of this section to be considered to be providing personal care
services.

(9)
(7)

"Room and board" means the provision of sleeping and living
space, meals or meal preparation, laundry services, housekeeping
services, or any combination thereof.

(10)
(8)

"Residential state supplement program" means the program
established under section 5119.41 of the Revised Code.

(11)
(9)

"Supervision" means any of the following:

(a)
Observing a resident to ensure the resident's health, safety, and
welfare while the resident engages in activities of daily living or
other activities;

(b)
Reminding a resident to perform or complete an activity, such as
reminding a resident to engage in personal hygiene or other self-care
activities;

(c)
Assisting a resident in making or keeping an appointment.

(12)
(10)

"Unrelated" means that a resident is not related to the
owner or operator of a residential facility or to the owner's or
operator's spouse as a parent, grandparent, child, stepchild,
grandchild, brother, sister, niece, nephew, aunt, or uncle, or as the
child of an aunt or uncle.

(B)(1)
A "residential facility" is a publicly or privately
operated home or facility that falls into one of the following
categories:

(a)
Class one facilities provide accommodations, supervision, personal
care services, and mental health services for one or more unrelated
adults with mental illness or one or more unrelated children or
adolescents with severe emotional disturbances;

(b)
Class two facilities provide accommodations, supervision, and
personal care services to any of the following:

(i)
One or two unrelated persons with mental illness;

(ii)
One or two unrelated adults who are receiving payments under the
residential state supplement program;

(iii)
Three to sixteen unrelated adults.

(c)
Class three facilities provide room and board for five or more
unrelated adults with mental illness.

(2)
"Residential facility" does not include any of the
following:

(a)
A hospital subject to licensure under section 5119.33 of the Revised
Code or an institution maintained, operated, managed, and governed by
the department of
mental

behavioral

health

and
addiction services
for
the hospitalization of persons with mental illnesses pursuant to
section 5119.14 of the Revised Code;

(b)
A residential facility licensed under section 5123.19 of the Revised
Code or otherwise regulated by the department of developmental
disabilities;

(c)
An institution or association subject to certification under section
5103.03 of the Revised Code;

(d)
A facility operated by a hospice care program licensed under section
3712.04 of the Revised Code that is used exclusively for care of
hospice patients;

(e)
A nursing home, residential care facility, or home for the aging as
defined in section 3721.02 of the Revised Code;

(f)
A facility licensed under section 5119.37 of the Revised Code to
operate an opioid treatment program;

(g)
Any facility that receives funding for operating costs from the
department of development under any program established to provide
emergency shelter housing or transitional housing for the homeless;

(h)
A terminal care facility for the homeless that has entered into an
agreement with a hospice care program under section 3712.07 of the
Revised Code;

(i)
A facility approved by the veterans administration under section
104(a) of the "Veterans Health Care Amendments of 1983," 97
Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for the
placement and care of veterans;

(j)
The residence of a relative or guardian of a person with mental
illness.

(C)
Nothing in division (B) of this section shall be construed to permit
personal care services to be imposed on a resident who is capable of
performing the activity in question without assistance.

(D)
Except in the case of a residential facility described in division
(B)(1)(a) of this section, members of the staff of a residential
facility shall not administer medication to the facility's residents,
but may do any of the following:

(1)
Remind a resident when to take medication and watch to ensure that
the resident follows the directions on the container;

(2)
Assist a resident in the self-administration of medication by taking
the medication from the locked area where it is stored, in accordance
with rules adopted pursuant to this section, and handing it to the
resident. If the resident is physically unable to open the container,
a staff member may open the container for the resident.

(3)
Assist a resident who is physically impaired but mentally alert, such
as a resident with arthritis, cerebral palsy, or Parkinson's disease,
in removing oral or topical medication from containers and in
consuming or applying the medication, upon request by or with the
consent of the resident. If a resident is physically unable to place
a dose of medicine to the resident's mouth without spilling it, a
staff member may place the dose in a container and place the
container to the mouth of the resident.

(E)
A person operating or seeking to operate a residential facility shall
apply for licensure of the facility to the department of
mental

behavioral

health

and
addiction services
.
The application shall be submitted by the operator. When applying for
the license, the applicant shall pay to the department the
application fee specified in rules adopted under division (N) of this
section. The fee is nonrefundable.

The
department shall send a copy of an application to the ADAMHS board
serving the county in which the person operates or seeks to operate
the facility. The ADAMHS board shall review the application and
provide to the department any information about the applicant or the
facility that the board would like the department to consider in
reviewing the application.

(F)
The department of
mental

behavioral

health

and
addiction services
shall
inspect and license the operation of residential facilities.

The
department may issue a license to operate a residential facility only
if all of the following are the case:

(1)
The department is satisfied, after investigation, that the facility
is managed and operated by qualified persons and is adequately
staffed and equipped to operate.

(2)
The department has not been notified under section 5119.343 of the
Revised Code or is not otherwise aware that the residential facility
or any owner, operator, or manager of the residential facility has
been the subject of an adverse action, as defined in that section,
taken during the three-year period immediately preceding the date of
application.

(3)
The department has not been notified or is not otherwise aware that
the residential facility or any owner, operator, or manager of the
facility has been the subject of an adverse action, as defined in
that section, taken at any time based on an act or omission that
violated the right of a residential facility resident to be free from
abuse, neglect, or exploitation.

The
department may issue full, probationary, and interim licenses. A full
license shall expire up to three years after the date of issuance, a
probationary license shall expire in a shorter period of time as
specified in rules adopted by the director of
mental

behavioral

health

and
addiction services
under
division (N) of this section, and an interim license shall expire
ninety days after the date of issuance. A license may be renewed in
accordance with rules adopted by the director under division (N) of
this section. The renewal application shall be submitted by the
operator. When applying for renewal of a license, the applicant shall
pay to the department the renewal fee specified in rules adopted
under division (N) of this section. The fee is nonrefundable.

(G)(1)
If the department finds any of the following with respect to a
residential facility, the department may issue an order suspending
the admission of residents to the facility, refuse to issue or renew
a license for the facility, or revoke the facility's license:

(a)
The facility is not in compliance with rules adopted by the director
pursuant to division (N) of this section;

(b)
Any facility operated by the applicant or licensee has been cited for
a pattern of serious noncompliance or repeated violations of statutes
or rules during the period of current or previous licenses;

(c)
The applicant or licensee submits false or misleading information as
part of a license application, renewal, or investigation
.

(d)
The facility is not managed and operated by qualified persons or
adequately staffed and equipped to operate.

(e)
The department has been notified under section 5119.343 of the
Revised Code or otherwise becomes aware that the facility, any owner,
operator, or manager of the facility, or any subsidiary of the
facility, owner, or operator has been the subject of an adverse
action, as defined in that section, taken during the three-year
period immediately preceding the date of notification or date of
becoming aware of the adverse action.

(f)
The department has been notified under section 5119.343 of the
Revised Code or otherwise becomes aware that the facility, any owner,
operator, or manager of the facility, or any subsidiary of the
facility, owner, or operator has been the subject of an adverse
action, as defined in that section, taken at any time based on an act
or omission that violated the right of a residential facility
resident to be free from abuse, neglect, or exploitation
.

(2)
Proceedings initiated to deny applications for full or probationary
licenses, to refuse to renew full or probationary licenses, or to
revoke full or probationary licenses are governed by Chapter 119. of
the Revised Code. If an order has been issued suspending the
admission of residents to the facility, the order remains in effect
during the pendency of those proceedings.

Proceedings
initiated to suspend the admission of residents to a facility are
governed by Chapter 119. of the Revised Code, except as provided in
division (H) of this section.

(3)
In a proceeding initiated to suspend the admission of residents to a
facility, to deny an application for a full or probationary license,
to refuse to renew a full or probationary license, or to revoke a
full or probationary license, the department may order the
suspension, denial, refusal, or revocation regardless of whether some
or all of the deficiencies that prompted the proceedings have been
corrected at the time of the hearing.

(4)
When the department issues an order suspending the admission of
residents to a facility, denies an application for a full or
probationary license, refuses to renew a full or probationary
license, or revokes a full or probationary license, the department
shall not grant an opportunity for submitting a plan of correction.

(H)(1)
If a suspension of admissions of residents to a facility is proposed
because the director has determined that the licensee has
demonstrated a pattern of serious noncompliance or that a violation
creates a substantial risk to the health and safety of residents, the
director may issue an order imposing the suspension of admissions
before providing an opportunity for an adjudication under Chapter
119. of the Revised Code. The director shall lift the order for the
suspension of admissions if the director determines that the
violation that formed the basis for the order has been corrected.

(2)
Appeals from proceedings initiated to order the suspension of
admissions to a facility shall be conducted in accordance with
Chapter 119. of the Revised Code, unless the order was issued before
providing an opportunity for an adjudication, in which case all of
the following apply:

(a)
The licensee may request a hearing not later than ten days after
being served in accordance with sections 119.05 and 119.07 of the
Revised Code.

(b)
If a timely request for a hearing that includes the licensee's
current address is made, the hearing shall commence not later than
thirty days after the department receives the request.

(c)
After commencing, the hearing shall continue uninterrupted, except
for Saturdays, Sundays, and legal holidays, unless other
interruptions are agreed to by the licensee and the director.

(d)
If the hearing is conducted by a hearing examiner, the hearing
examiner shall file a report and recommendations with the department
not later than ten days after the last of the following:

(i)
The close of the hearing;

(ii)
If a transcript of the proceedings is ordered, the hearing examiner
receives the transcript;

(iii)
If post-hearing briefs are timely filed, the hearing examiner
receives the briefs.

(e)
The hearing examiner shall send a written copy of the report and
recommendations, by certified mail, to the licensee, or the
licensee's attorney, if applicable, not later than five days after
the report is filed with the department.

(f)
Not later than five days after receiving the report and
recommendations, the licensee may file objections with the
department.

(g)
Not later than fifteen days after the hearing examiner files the
report and recommendations, the department shall issue an order
approving, modifying, or disapproving the report and recommendations.

(h)
Notwithstanding the pendency of the hearing, the department shall
lift the order for the suspension of admissions if the department
determines the violation that formed the basis for the order has been
corrected.

(I)
The department may issue an interim license to operate a residential
facility if both of the following conditions are met:

(1)
The department determines that the closing of or the need to remove
residents from another residential facility has created an emergency
situation requiring immediate removal of residents and an
insufficient number of licensed beds are available.

(2)
The residential facility applying for an interim license meets
standards established for interim licenses in rules adopted by the
director under division (N) of this section.

An
interim license shall be valid for ninety days and may be renewed by
the director no more than twice. Proceedings initiated to deny
applications for or to revoke interim licenses under this division
are not subject to Chapter 119. of the Revised Code.

(J)(1)
The department of
mental

behavioral

health

and
addiction services
may
conduct an inspection of a residential facility as follows:

(a)
Prior to issuance of a license for the facility;

(b)
Prior to renewal of the license;

(c)
To determine whether the facility has completed a plan of correction
required pursuant to division (J)(2) of this section and corrected
deficiencies to the satisfaction of the department and in compliance
with this section and rules adopted pursuant to it;

(d)
Upon complaint by any individual or agency;

(e)
At any time the director considers an inspection to be necessary in
order to determine whether the facility is in compliance with this
section and rules adopted pursuant to this section.

(2)
In conducting inspections the department may conduct an on-site
examination and evaluation of the residential facility and its
personnel, activities, and services. The department shall have access
to examine and copy all records, accounts, and any other documents
relating to the operation of the residential facility, including
records pertaining to residents, and shall have access to the
facility in order to conduct interviews with the operator, staff, and
residents. Following each inspection and review, the department shall
complete a report listing any deficiencies, and including, when
appropriate, a time table within which the operator shall correct the
deficiencies. The department may require the operator to submit a
plan of correction describing how the deficiencies will be corrected.

(K)
No person shall do any of the following:

(1)
Operate a residential facility unless the facility holds a valid
license;

(2)
Violate any of the conditions of licensure after having been granted
a license;

(3)
Interfere with a state or local official's inspection or
investigation of a residential facility;

(4)
Violate any of the provisions of this section or any rules adopted
pursuant to this section.

(L)
The following may enter a residential facility at any time:

(1)
Employees designated by the director of
mental

behavioral

health

and
addiction services
;

(2)
Employees of an ADAMHS board under either of the following
circumstances:

(a)
When a resident of the facility is receiving services from a
community mental health services provider under contract with that
ADAMHS board or another ADAMHS board;

(b)
When authorized by section 340.05 of the Revised Code.

(3)
Employees of a community mental health services provider under either
of the following circumstances:

(a)
When the provider has a person receiving services residing in the
facility;

(b)
When the provider is acting as an agent of an ADAMHS board other than
the board with which it is under contract.

(4)
Representatives of the state long-term care ombudsman program when
the facility provides accommodations, supervision, and personal care
services for three to sixteen unrelated adults or to one or two
unrelated adults who are receiving payments under the residential
state supplement program.

The
persons specified in division (L) of this section shall be afforded
access to examine and copy all records, accounts, and any other
documents relating to the operation of the residential facility,
including records pertaining to residents.

(M)
Employees of the department of
mental

behavioral

health

and
addiction services
may
enter, for the purpose of investigation, any institution, residence,
facility, or other structure which has been reported to the
department as, or that the department has reasonable cause to believe
is, operating as a residential facility without a valid license.

(N)
The director
of
behavioral health
shall
adopt and may amend and rescind rules pursuant to Chapter 119. of the
Revised Code governing the licensing and operation of residential
facilities. The rules shall establish all of the following:

(1)
Minimum standards for the health, safety, adequacy, and cultural
competency of treatment of and services for persons in residential
facilities;

(2)
Procedures for the issuance, renewal, or revocation of the licenses
of residential facilities;

(3)
Procedures for conducting background investigations for prospective
or current operators, employees, volunteers, and other non-resident
occupants who may have direct access to facility residents;

(4)
The fee to be paid when applying for a new residential facility
license or renewing the license;

(5)
Procedures for the operator of a residential facility to follow when
notifying the ADAMHS board serving the county in which the facility
is located when the facility is serving residents with mental illness
or severe mental disability, including the circumstances under which
the operator is required to make such a notification;

(6)
Procedures for the issuance and termination of orders of suspension
of admission of residents to a residential facility;

(7)
Measures to be taken by residential facilities relative to residents'
medication;

(8)
Requirements relating to preparation of special diets;

(9)
The maximum number of residents who may be served in a residential
facility;

(10)
The rights of residents of residential facilities and procedures to
protect such rights;

(11)
Standards and procedures under which the director may waive the
requirements of any of the rules adopted.

(O)(1)
The department

of
behavioral health

may withhold the source of any complaint reported as a violation of
this section when the department determines that disclosure could be
detrimental to the department's purposes or could jeopardize the
investigation. The department may disclose the source of any
complaint if the complainant agrees in writing to such disclosure and
shall disclose the source upon order by a court of competent
jurisdiction.

(2)
Any person who makes a complaint under division (O)(1) of this
section, or any person who participates in an administrative or
judicial proceeding resulting from such a complaint, is immune from
civil liability and is not subject to criminal prosecution, other
than for perjury, unless the person has acted in bad faith or with
malicious purpose.

(P)(1)
The director of
mental

behavioral

health

and
addiction services
may
petition the court of common pleas of the county in which a
residential facility is located for an order enjoining any person
from operating a residential facility without a license or from
operating a licensed facility when, in the director's judgment, there
is a present danger to the health or safety of any of the occupants
of the facility. The court shall have jurisdiction to grant such
injunctive relief upon a showing that the respondent named in the
petition is operating a facility without a license or there is a
present danger to the health or safety of any residents of the
facility.

(2)
When the court grants injunctive relief in the case of a facility
operating without a license, the court shall issue, at a minimum, an
order enjoining the facility from admitting new residents to the
facility and an order requiring the facility to assist with the safe
and orderly relocation of the facility's residents.

(3)
If injunctive relief is granted against a facility for operating
without a license and the facility continues to operate without a
license, the director shall refer the case to the attorney general
for further action.

(Q)
The director

of
behavioral health

may fine a person for violating division (K) of this section. The
fine shall be five hundred dollars for a first offense; for each
subsequent offense, the fine shall be one thousand dollars. The
director's actions in imposing a fine shall be taken in accordance
with Chapter 119. of the Revised Code.

Sec.
5119.342.
(A)
Upon petition by the director of
mental

behavioral

health

and
addiction services
,
the court of common pleas or the probate court may appoint a receiver
to take possession of and operate a residential facility licensed
pursuant to section 5119.34 of the Revised Code, when conditions
existing at the residential facility present a substantial risk of
physical or mental harm to residents and no other remedies at law are
adequate to protect the health, safety, and welfare of the residents.

Petitions
filed pursuant to this section shall include:

(1)
A description of the specific conditions existing at the residential
facility which present a substantial risk of physical or mental harm
to residents;

(2)
A statement of the absence of other adequate remedies at law;

(3)
The number of individuals residing at the facility;

(4)
A statement that the facts have been brought to the attention of the
owner or licensee and that conditions have not been remedied within a
reasonable period of time or that the conditions, though remedied
periodically, habitually exist at the residential facility as a
pattern or practice; and

(5)
The name and address of the person holding the license for the
residential facility.

(B)
A court in which a petition is filed pursuant to this section shall
notify the person holding the license for the facility of the filing.
The department shall send notice of the filing to the following, as
appropriate: the Ohio protection and advocacy system as defined in
section 5123.60 of the Revised Code; facility owner; facility
operator; board of alcohol, drug addiction, and mental health
services; board of health; department of developmental disabilities;
department of job and family services; facility residents; and
residents' families and guardians. The court shall provide a hearing
on the petition within five court days of the time it was filed,
except that the court may appoint a receiver prior to that time if it
determines that the circumstances necessitate such action.

Following
a hearing on the petition, and upon a determination that the
appointment of a receiver is warranted, the court shall appoint a
receiver and notify the department of
mental

behavioral

health

and
addiction services
and
appropriate persons of this action.

In
setting forth the powers of the receiver, the court may generally
authorize the receiver to do all that is prudent and necessary to
safely and efficiently operate the residential facility within the
requirements of state and federal law, but shall require the receiver
to obtain court approval prior to making any single expenditure of
more than five thousand dollars to correct deficiencies in the
structure or furnishings of a facility. The court shall closely
review the conduct of the receiver and shall require regular and
detailed reports.

(C)
A receivership established pursuant to this section shall be
terminated, following notification of the appropriate parties and a
hearing, if the court determines either of the following:

(1)
The residential facility has been closed and the former residents
have been relocated to an appropriate facility;

(2)
Circumstances no longer exist at the residential facility which
present a substantial risk of physical or mental harm to residents,
and there is no deficiency in the residential facility that is likely
to create a future risk of harm.

Notwithstanding
division (C)(2) of this section, the court shall not terminate a
receivership for a residential facility that has previously operated
under another receivership unless the responsibility for the
operation of the facility is transferred to an operator approved by
the court and the department of
mental

behavioral

health

and
addiction services
.

(D)
Except for the department of
mental

behavioral

health

and
addiction services
or
appropriate board of alcohol, drug addiction, and mental health
services, no party or person interested in an action shall be
appointed a receiver pursuant to this section.

To
assist the court in identifying persons qualified to be named as
receivers, the director of
mental

behavioral

health

and
addiction services
shall
maintain a list of the names of such persons. The department of

mental

behavioral

health

and
addiction services
,
the department of job and family services, and the department of
health shall provide technical assistance to any receiver appointed
pursuant to this section.

Before
entering upon the duties of receiver, the receiver must be sworn to
perform the duties faithfully, and, with surety approved by the
court, judge, or clerk, execute a bond to such person, and in such
sum as the court or judge directs, to the effect that such receiver
will faithfully discharge the duties of receiver in the action, and
obey the orders of the court therein.

(1)
Under the control of the appointing court, a receiver may do the
following:

(a)
Bring and defend actions in the appointee's name as receiver;

(b)
Take and keep possession of property.

(2)
The court shall authorize the receiver to do the following:

(a)
Collect payment for all goods and services provided to the residents
or others during the period of the receivership at the same rate as
was charged by the licensee at the time the petition for receivership
was filed, unless a different rate is set by the court;

(b)
Honor all leases, mortgages, and secured transactions governing all
buildings, goods, and fixtures of which the receiver has taken
possession, but, in the case of a rental agreement only to the extent
of payments that are for the use of the property during the period of
the receivership, or, in the case of a purchase agreement, only to
the extent that payments come due during the period of the
receivership;

(c)
If transfer of residents is necessary, provide for the orderly
transfer of residents by:

(i)
Cooperating with all appropriate state and local agencies in carrying
out the transfer of residents to alternative community placements;

(ii)
Providing for the transportation of residents' belongings and
records;

(iii)
Helping to locate alternative placements and develop plans for
transfer;

(iv)
Encouraging residents or guardians to participate in transfer
planning except when an emergency exists and immediate transfer is
necessary.

(d)
Make periodic reports on the status of the residential facility to
the court; the appropriate state agencies; and the board of alcohol,
drug addiction, and mental health services. Each report shall be made
available to residents, their guardians, and families.

(e)
Compromise demands or claims; and

(f)
Generally do such acts respecting the residential facility as the
court authorizes.

Notwithstanding
any other provision of law, contracts which are necessary to carry
out the powers and duties of the receiver need not be competitively
bid.

Sec.
5119.343.
(A)
As used in this section, "adverse action" means an action
by a state, provincial, federal, or other licensing or regulatory
authority
other
than the department of behavioral health
to
deny, revoke, suspend, place on probation, or otherwise restrict a
license, certificate, or other approval to operate a residential
facility or practice a health care profession.

(B)(1)
When submitting an application for initial or renewed licensure of a
residential facility under section 5119.34 of the Revised Code, the
applicant shall notify the department of
mental

behavioral

health

and
addiction services
of
any adverse action taken against
any
of
the

following
during the three-year period immediately preceding the date of
application:

(a)
The
residential
facility

or
the facility's
;

(b)
Any
owner,
operator, or manager
within

of

the

three-year
period immediately preceding the date of application
facility;

(c)
Any subsidiary of the facility, owner, or operator
.

(2)
Not later than seven days after receiving a notice of adverse action

from
a licensing or regulatory authority that is other than the department
of mental health and addiction services
,
the holder of a residential facility license issued under section
5119.34 of the Revised Code shall notify the department of the
action.

(3)
To notify the department as required by this section, a copy of the
notice of adverse action shall be provided to the department.

Sec.
5119.344.
(A)
As used in this section, "principal" means an owner,
operator, or manager of a class one residential facility.

(B)
The department of mental health and addiction services may suspend,
without a prior hearing, the license of a class one residential
facility that serves children if any of the following occurs:

(1)
A child suffers a serious injury or dies while residing in the
residential facility.

(2)
The department, a public children services agency, or a county
department of job and family services determines that a principal,
employee, volunteer, or nonresident occupant of the residential
facility created a serious risk to the health or safety of a child
residing in the facility that resulted in or could have resulted in a
child's death or injury.

(3)
A principal, employee, resident, volunteer, or nonresident occupant
of the facility was charged by an indictment, information, or
complaint with an offense relating to the death, injury, or sexual
assault of another person that occurred on the premises of the
facility.

(4)
A principal, employee, volunteer, or nonresident occupant of the
facility was charged by an indictment, information, or complaint with
an offense relating to the death, injury, or sexual assault of a
child residing in the facility.

(5)
A public children services agency receives a report pursuant to
section 2151.421 of the Revised Code, and the person alleged to have
inflicted abuse or neglect on the child, who is the subject of the
report, is either of the following:

(a)
A principal of the residential facility;

(b)
An employee of the residential facility who has not been immediately
placed on administrative leave or released from employment.

(6)
The residential facility is not in compliance with the rule, adopted
under section 5119.34 of the Revised Code, pertaining to background
investigations for owners, operators, employees, and other specified
individuals.

(C)
In suspending a license under division (B) of this section, the
department shall comply with section 119.07 of the Revised Code. The
owner of a class one residential facility may request an adjudicatory
hearing before the department pursuant to sections 119.06 and 119.12
of the Revised Code. If a hearing is requested and the department
does not issue its final adjudication order within one hundred twenty
days after the suspension, the suspension is void on the one hundred
twenty-first day after the suspension, unless the hearing on the
suspension is continued on agreement by the parties or for good
cause.

(D)
Any summary suspension imposed under this section shall remain in
effect until any of the following occurs:

(1)
The public children services agency completes its investigation of
the report pursuant to section 2151.421 of the Revised Code and
determines that all of the allegations are unsubstantiated.

(2)
All criminal charges are disposed of through dismissal or a finding
of not guilty.

(3)
The department issues, pursuant to Chapter 119. of the Revised Code,
a final order terminating the suspension.

(E)
A class one residential facility serving children shall not have
children placed in the facility while a summary suspension remains in
effect. Upon the issuance of the order of suspension, the department
shall place a hold on the license or indicate that the license is
suspended in Ohio's statewide automated child welfare information
system.

(F)
The director of mental health and addiction services may adopt rules
in accordance with Chapter 119. of the Revised Code establishing
standards and procedures for the summary suspension of licenses.

(G)
This section does not limit the authority of the department to take
other action, such as issuing an order suspending the admission of
residents to a residential facility, refusing to issue or renew a
license for a facility, or revoking a facility's license under
section 5119.34 of the Revised Code.

Sec.
5119.345.
The
department of behavioral health shall publish a directory of all
residential facilities licensed under section 5119.34 of the Revised
Code on the department's web site. For each facility, the directory
shall include all of the following:

(A)
The name of the facility;

(B)
The facility's full address;

(C)
The facility's categorization as a class one, class two, or class
three facility;

(D)
The services offered at the facility.

Sec.
5119.35.
(A)
Except as provided in division (B) of this section, if a mental
health service or alcohol and drug addiction service has been
specified in rules adopted under this section as a service that is
required to be certified, no person or government entity shall
provide that service unless it has been certified under section
5119.36 of the Revised Code.

(B)
Division (A) of this section does not apply to either of the
following:

(1)
An individual who holds a valid license, certificate, or registration
issued by this state authorizing the practice of a health care
profession that includes the performance of any service that is
required to be certified as described in this section, regardless of
whether the service is performed as part of a sole proprietorship,
partnership, or group practice;

(2)
An individual who provides any service that is required to be
certified as described in this section as part of an employment or
contractual relationship with a hospital outpatient clinic that is
accredited by an accreditation agency or organization approved by the
director of
mental

behavioral

health

and
addiction services
.

(C)(1)
If the director of
mental

behavioral

health

and
addiction services
determines
that a person or government entity is violating division (A) of this
section, the director may request, in writing, that the attorney
general petition the court of common pleas in the county where the
person or government entity is located or providing the services to
enjoin the person or government entity from engaging in the conduct
that violates division (A) of this section.

(2)
No person or government entity that is subject to this section is
eligible to receive, for a service that is subject to this section,
any federal funds, state funds, or funds administered by a board of
alcohol, drug addiction, and mental health services, unless that
service has been certified under section 5119.36 of the Revised Code.
This limitation is in addition to the injunction that may be sought
under division (C)(1) of this section for a violation of division (A)
of this section.

(D)
The director may adopt rules in accordance with Chapter 119. of the
Revised Code to specify mental health services and alcohol and drug
addiction services that are required to be certified under section
5119.36 of the Revised Code.

Sec.
5119.36.
(A)
A person or government entity that seeks initial certification of one
or more certifiable services and supports, or that seeks to renew
certification of one or more certifiable services and supports, shall
submit an application to the director of
mental

behavioral

health

and
addiction services
.
On receipt of the application, the director shall determine whether
the standards established by
divisions

division

(B)

and
(C)

of this section and any rules adopted under this section are
satisfied or continue to be satisfied by the applicant. As part of
the determination the director may conduct an on-site review of the
applicant. In doing so, the director may conduct the review in
cooperation with a board of alcohol, drug addiction, and mental
health services that seeks to contract or has a contract with the
applicant under section 340.036 of the Revised Code.

Not
later than fourteen days after receipt of an
initial
or renewal
application

for
initial or renewed certification
,
the director shall inform the board of alcohol, drug addiction, and
mental health services serving the alcohol, drug addiction, and
mental health service district in which the applicant's certifiable
services and supports will be provided of the receipt of the
application. On the board's request, the director shall provide the
board with a copy of the application.

Not
later than thirty days after a provider's certification ceases to be
valid for any reason, including the provider's failure to renew the
certification prior to expiration, the director's acceptance of the
provider's surrender of the certification, or the issuance of a final
order for disciplinary action under division
(G)
(F)

or
(M)
(L)

of this section, the director shall provide notice to the applicable
board of alcohol, drug addiction, and mental health services of the
reason the certification ceased to be valid and the date it became
invalid.

(B)(1)
Except as provided in division (B)(4) of this section, beginning on

the
effective date of this amendment

October
3, 2023
,
an applicant seeking initial certification of certifiable services
and supports shall be accredited by one or more national accrediting
organizations specified in division (B)(3) of this section for
certifiable services and supports for which national accreditation
exists for such services and supports or equivalent services and
supports.

(2)
Except as provided in division (B)(4) of this section, beginning
October 1, 2025, an applicant seeking to renew certification of
certifiable services and supports shall be accredited by one or more
national accrediting organizations specified in division (B)(3) of
this section for certifiable services and supports for which national
accreditation exists for such services and supports or equivalent
services and supports.

(3)
For purposes of divisions (B)(1) and (2) of this section, the
director shall accept appropriate accreditation of an applicant's
certifiable services and supports from any of the following national
accrediting organizations:

(a)
The joint commission;

(b)
The commission on accreditation of rehabilitation facilities;

(c)
The council on accreditation;

(d)
Any other national accrediting organization the director considers
appropriate.

(4)
The accreditation requirements of divisions (B)(1) and (2) of this
section do not apply to an applicant seeking an initial or renewed
certification to provide prevention services, as that term is defined
in rules adopted under this section. For such applicants,
accreditation is optional.

(C)
In addition to meeting the accreditation standard set forth in
division (B) of this section, an applicant seeking initial or renewed
certification of one or more certifiable services and supports is
eligible to receive the certification only if both of the following
are the case, as determined by the director:

(1)
The applicant has adequate staff and equipment to provide the
certifiable services and supports;

(2)
The department has not been notified under section 5119.367 of the
Revised Code or is not otherwise aware that the applicant, or any
owner or principal of the applicant, has been the subject of an
adverse action, as defined in that section, taken during the
three-year period immediately preceding the date of application.

(D)(1)
(C)(1)

Except as provided in division
(D)(2)
(C)(2)

of this section, if the director determines that an applicant has
paid any required certification fee, that the applicant's
accreditation of certifiable services and supports is current and
appropriate for the services and supports for which the applicant is
seeking initial or renewed certification,

that
the applicant meets the requirements of division (C) of this section,

and that the applicant meets any other requirements established by
this section or rules adopted under it, the director shall certify
the services and supports or renew the certification of the services
and supports, as applicable. Except as provided in division
(J)
(I)

of this section, the director shall issue or renew the certification
without further evaluation of the services and supports.

(2)
Prior to October 1, 2025, if an applicant that seeks to renew
certification of certifiable services and supports is not accredited
to provide those services and supports by one or more national
accrediting organizations specified in division (B)(3) of this
section, the director shall conduct an evaluation of the applicant to
determine whether the applicant's certifiable services and supports
satisfy the standards for certification. The evaluation is in
addition to any on-site review conducted under division (A) of this
section and shall be performed in cooperation with a board of
alcohol, drug addiction, and mental health services that seeks to
contract or has a contract with the applicant under section 340.036
of the Revised Code. If the director determines that an applicant has
paid any required certification fee, that the applicant's certifiable
services and supports satisfy the standards for renewed
certification,

that
the applicant meets the requirements of division (C) of this section,

and that the applicant meets any other requirements established by
this section or the rules adopted under it, the director shall
certify the certifiable services and supports.

(E)
(D)

For purposes of the accreditation requirements of this section, both
of the following apply:

(1)
The director may review the accrediting organizations specified in
division (B)(3) of this section to evaluate whether the accreditation
standards and processes used by the organizations are consistent with
service delivery models the director considers appropriate for mental
health services, alcohol and drug addiction services, or physical
health services. The director may communicate to an accrediting
organization any identified concerns, trends, needs, and
recommendations.

(2)
The director shall require a community mental health services
provider and a community addiction services provider to notify the
director not later than ten days after any change in the provider's
accreditation status. The provider may notify the director by
providing a copy of the relevant document the provider received from
the accrediting organization.

(F)
(E)

The director may require a community mental health services provider
or a community addiction services provider to submit to the director
cost reports pertaining to the provider.

(G)
(F)

The director may refuse to certify certifiable services and supports,
refuse to renew certification, or revoke certification if any of the
following apply to an applicant for certification or the holder of
the certification:

(1)
The applicant or holder is not in compliance with rules adopted under
this section.

(2)
The applicant or holder has been cited for a pattern of serious
noncompliance or repeated violations of statutes or rules during the
current certification period or any previous certification period.

(3)
The applicant or holder has been found to be in violation of section
5119.396 of the Revised Code;

(4)
The applicant or holder submits false or misleading information as
part of a certification application, renewal, or investigation
.

(5)
The applicant does not have adequate staff and equipment to provide
the certifiable services and supports.

(6)
The department has been notified under section 5119.367 of the
Revised Code or is otherwise aware that the applicant, any owner or
principal of the applicant, or any subsidiary of the applicant or
owner has been the subject of an adverse action, as defined in that
section, taken during the three-year period immediately preceding the
date of notification or date of becoming aware of the adverse action
.

(H)
(G)

Proceedings initiated to deny applications to certify certifiable
services and supports, to refuse to renew certification, or to revoke
certification are governed by Chapter 119. of the Revised Code. If an
order has been issued suspending admissions to a community addiction
services provider, as provided in division
(M)
(L)

of this section, the order remains in effect during the pendency of
those proceedings.

(I)
(H)

The director may conduct an on-site review or otherwise evaluate a
community mental health services provider or a community addiction
services provider at any time based on cause, including complaints
made by or on behalf of persons receiving mental health services or
alcohol and drug addiction services and confirmed or alleged
deficiencies brought to the attention of the director. This authority
does not affect the director's duty to conduct the inspections
required by section 5119.37 of the Revised Code.

In
conducting an on-site review under this division, the director may do
so in cooperation with a board of alcohol, drug addiction, and mental
health services that seeks to contract or has a contract with the
applicant under section 340.036 of the Revised Code. In conducting
any other evaluation under this division, the director shall do so in
cooperation with such a board.

(J)
(I)

If the director proposes to take action under division
(G)
(F)

of this section, the director shall notify the board of alcohol, drug
addiction, and mental health services serving the alcohol, drug
addiction, and mental health service district in which the
certifiable services and supports will be or were provided, and
provide the board opportunity to respond as specified in division (A)
of this section with respect to initial or renewal applications.

When
a final order is issued by the director under division
(G)
(F)

of this section, the director may request that the appropriate board
of alcohol, drug addiction, and mental health services reallocate any
funds for the certifiable services and supports the applicant was to
provide to a community mental health services provider or community
addiction services provider whose certifiable services and supports
satisfy the standards. If the board does not reallocate such funds in
a reasonable period of time, the director may withhold state and
federal funds for the certifiable services and supports and allocate
those funds directly to a community mental health services provider
or community addiction services provider whose certifiable services
and supports satisfy the standards.

(K)
(J)

Each applicant seeking initial or renewed certification of its
certifiable services and supports shall pay a fee for the
certification required by this section, unless the applicant is
exempt under rules adopted under this section. Fees shall be paid
into the state treasury to the credit of the sale of goods and
services fund created pursuant to section 5119.45 of the Revised
Code.

(L)
(K)

The director shall adopt rules in accordance with Chapter 119. of the
Revised Code to implement this section. The rules shall do all of the
following:

(1)
Subject to section 340.034 of the Revised Code, specify the types of
recovery supports that are required to be certified under this
section;

(2)
Establish certification standards for certifiable services and
supports that are consistent with nationally recognized applicable
standards and facilitate participation in federal assistance
programs. The rules shall include as certification standards only
requirements that improve the quality of certifiable services and
supports or the health and safety of persons receiving certifiable
services and supports. The standards shall address at a minimum all
of the following:

(a)
Reporting major unusual incidents to the director;

(b)
Procedures for applicants for and persons receiving certifiable
services and supports to file grievances and complaints;

(c)
Seclusion;

(d)
Restraint;

(e)
Requirements regarding the physical facilities in which certifiable
services and supports are provided;

(f)
Requirements with regard to health, safety, adequacy, and cultural
specificity and sensitivity;

(g)
Standards for evaluating certifiable services and supports;

(h)
Standards and procedures for granting full, probationary, and interim
certification of the certifiable services and supports of an
applicant;

(i)
Standards and procedures for revoking the certification of a
community mental health services provider's or community addiction
services provider's certifiable services and supports that do not
continue to meet the minimum standards established pursuant to this
section;

(j)
The limitations to be placed on a provider whose certifiable services
and supports are granted probationary or interim certification;

(k)
Development of written policies addressing the rights of persons
receiving certifiable services and supports, including all of the
following:

(i)
The right to a copy of the written policies addressing the rights of
persons receiving certifiable services and supports;

(ii)
The right at all times to be treated with consideration and respect
for the person's privacy and dignity;

(iii)
The right to have access to the person's own psychiatric, medical, or
other treatment records unless access is specifically restricted in
the person's treatment plan for clear treatment reasons;

(iv)
The right to have a client rights officer provided by the provider or
board of alcohol, drug addiction, and mental health services advise
the person of the person's rights, including the person's rights
under Chapter 5122. of the Revised Code if the person is committed to
the provider or board.

(l)
Documentation that must be submitted as evidence of holding
appropriate accreditation;

(m)
A process by which the director may review the accreditation
standards and process used by the national accrediting organizations
specified in division (B)(3) of this section.

(3)
Establish the process for certification of certifiable services and
supports;

(4)
Set the amount of initial and renewal certification fees and any
reasons for which applicants may be exempt from the fees;

(5)
Specify the type of notice and hearing to be provided prior to a
decision on whether to reallocate funds;

(6)
Establish a process by which the director, based on deficiencies
identified as a result of conducting an on-site review or otherwise
evaluating a community mental health services provider or community
addiction services provider under division
(I)
(H)

of this section, may take any range of correction actions, including
revocation of the provider's certification.

(M)(1)
(L)(1)

The director may issue an order suspending admissions to a community
addiction services provider that provides overnight accommodations if
the director finds either of the following:

(a)
The provider's certifiable services and supports are not in
compliance with rules adopted under this section;

(b)
The provider has been cited for more than one violation of statutes
or rules during any previous certification period of the provider.

(2)(a)
Except as provided in division
(M)(2)(b)
(L)(2)(b)

of this section, proceedings initiated to suspend admissions to a
community addiction services provider that provides overnight
accommodations are governed by Chapter 119. of the Revised Code.

(b)
If a suspension of admissions is proposed because the director has
determined that the provider has demonstrated a pattern of serious
noncompliance or that a violation creates a substantial risk to the
health and safety of patients, the director may issue an order
suspending admissions before providing an opportunity for an
adjudication under Chapter 119. of the Revised Code. The director
shall lift the order for the suspension of admissions if the director
determines that the violation that formed the basis for the order has
been corrected.

(3)
Appeals from proceedings initiated to order the suspension of
admissions shall be conducted in accordance with Chapter 119. of the
Revised Code, unless the order was issued before providing an
opportunity for an adjudication, in which case all of the following
apply:

(a)
The provider may request a hearing not later than ten days after
being served in accordance with sections 119.05 and 119.07 of the
Revised Code.

(b)
If a timely request for a hearing that includes the provider's
current address is made, the hearing shall commence not later than
thirty days after the department receives the request.

(c)
After commencing, the hearing shall continue uninterrupted, except
for Saturdays, Sundays, and legal holidays, unless other
interruptions are agreed to by the provider and the director.

(d)
If the hearing is conducted by a hearing examiner, the hearing
examiner shall file a report and recommendations with the department
not later than ten days after the last of the following:

(i)
The close of the hearing;

(ii)
If a transcript of the proceedings is ordered, the hearing examiner
receives the transcript;

(iii)
If post-hearing briefs are timely filed, the hearing examiner
receives the briefs.

(e)
The hearing examiner shall send a written copy of the report and
recommendations, by certified mail, to the provider, or the
provider's attorney, if applicable, not later than five days after
the report is filed with the department.

(f)
Not later than five days after receiving the report and
recommendations, the provider may file objections with the
department.

(g)
Not later than fifteen days after the hearing examiner files the
report and recommendations, the department shall issue an order
approving, modifying, or disapproving the report and recommendations.

(h)
Notwithstanding the pendency of the hearing, the department shall
lift the order for the suspension of admissions if the department
determines the violation that formed the basis for the order has been
corrected.

(N)(1)
(M)(1)

In a proceeding initiated to suspend admissions to a community
addiction services provider that provides overnight accommodations,
to deny an application for certification of certifiable services and
supports, to refuse to renew certification, or to revoke
certification, the department may order the suspension, denial,
refusal, or revocation regardless of whether some or all of the
deficiencies that prompted the proceedings have been corrected at the
time of the hearing.

(2)
When the department issues an order suspending admissions to a
community addiction services provider that provides overnight
accommodations, denies an application for certification of
certifiable services and supports, refuses to renew certification, or
revokes a certification, the department shall not grant an
opportunity for submitting a plan of correction.

(O)
(N)

The department of
mental

behavioral

health

and
addiction services
shall
maintain a current list of community addiction services providers and
shall provide a copy of the list to a judge of a court of common
pleas who requests a copy for the use of the judge under division (H)
of section 2925.03 of the Revised Code. The list shall identify each
provider by its name, its address, and the county in which it is
located.

(P)
(O)

No person shall represent in any manner that a community mental
health services provider's or community addiction services provider's
certifiable services and supports are certified by the director if
the certifiable services and supports are not so certified at the
time the representation is made.

(Q)
(P)

If a board of alcohol, drug addiction, and mental health services
requests the department of
mental

behavioral

health

and
addiction services
to
investigate a community mental health services provider or community
addiction services provider pursuant to this section, the department
shall initiate the investigation not later than ten business days
after receipt of the request. If the department initiates an
investigation of a community mental health services provider or
community addiction services provider under this section for any
other reason, the department shall notify the board of alcohol, drug
addiction, and mental health services serving the applicable alcohol,
drug addiction, and mental health service district of the
investigation and the reason for the investigation not later than
three business days after the investigation begins. On the board's
request, the department shall provide the board with information
specifying the status of the investigation and the final disposition
of the investigation.

Sec.
5119.362.
(A)
In accordance with rules adopted under section 5119.363 of the
Revised Code, each community addiction services provider shall do all
of the following:

(1)
Maintain a waiting list for the provider's included opioid and
co-occurring drug addiction services and recovery supports;

(2)
Notify an individual included on the provider's waiting list when the
provider has a slot available for the individual and, if the
individual does not contact the provider about the slot within a
period of time specified in the rules, contact the individual to
determine why the individual did not contact the provider and to
assess whether the individual still needs the included opioid and
co-occurring drug addiction services and recovery supports;

(3)
Remove an individual from the waiting list if either of the following
applies:

(a)
The individual withdraws the individual's request for included opioid
and co-occurring drug addiction services and recovery supports;

(b)
When the provider notifies the individual about an available slot,
the individual does not contact the provider about the slot within
the period of time specified in the rules or otherwise vacates the
slot before beginning to receive the services and supports.

(4)
As part of the process of maintaining the waiting list, determine
both of the following:

(a)
For each individual who seeks from the provider included opioid and
co-occurring drug addiction services and recovery supports, the
number of days that starts with the day the individual first contacts
the provider about accessing the services and supports and ends on
the following day:

(i)
If the individual is required to be assessed for the individual's
clinical need for the services and supports, the day of the
assessment;

(ii)
If the individual is not required to be assessed for the individual's
clinical need for the services and supports, the first day of the
individual's access to the services and supports.

(b)
For each such individual who is required to be assessed for the
individual's clinical need for the services and supports, the number
of days that starts with the day of the assessment and ends with the
first day of the individual's access to the services and supports.

(5)
Using information the provider acquires by maintaining the waiting
list, determine whether included opioid and co-occurring drug
addiction services and recovery supports are insufficient to meet the
needs of individuals on the waiting list;

(6)
Subject to division (B) of this section, report all of the following
information not later than the last day of each month to the
department of
mental

behavioral

health

and
addiction services
:

(a)
An unduplicated count of all individuals who were included on the
provider's waiting list during the immediately preceding month and
each type of included opioid and co-occurring drug addiction services
and recovery supports for which they were waiting;

(b)
The total number of days each such individual had been on the
provider's waiting list during the immediately preceding month;

(c)
The last known type of residential setting in which each such
individual resided during the immediately preceding month;

(d)
The total number of individuals who did not contact the provider
after receiving, during the immediately preceding month, the notices
under division (A)(2) of this section about the provider having slots
available for the individuals and, if known, the reasons the contacts
were not made;

(e)
The total number
of

such
individuals who withdrew, in the immediately preceding month, their
requests for included opioid and co-occurring drug addiction services
and recovery supports, each type of service and support that those
individuals had requested or been assessed as having a clinical need
for, and, if known, the reasons those individuals withdrew their
requests;

(f)
An unduplicated count of all individuals who were referred to another
community addiction services provider because the referring provider
does not provide the type of included opioid and co-occurring drug
addiction services and recovery supports that those individuals had
requested or been assessed as having a clinical need for and each
type of service and support for which those individuals were
referred;

(g)
All other information specified in the rules.

(B)
Each report that a community addiction services provider provides to
the department under this section shall do both of the following:

(1)
For the purposes of divisions (A)(6)(a) and (f) of this section,
specify the counties of residence of the individuals in the
unduplicated counts and include identifying information required by
the rules adopted under section 5119.363 of the Revised Code so that
the department is able to identify any individuals who are
inadvertently duplicated in the counts;

(2)
For the purpose of the information reported under division (A)(6)(c)
of this section, identify the types of residential settings at least
as either institutional or noninstitutional.

Sec.
5119.363.
The
director of
mental

behavioral

health

and
addiction services
shall
adopt rules governing the duties of community addiction services
providers under section 5119.362 of the Revised Code. The rules shall
be adopted in accordance with Chapter 119. of the Revised Code.

The
director shall adopt rules under this section that authorize the
department of
mental

behavioral

health

and
addiction services
to
determine an advanced practice registered nurse's, physician
assistant's, or physician's compliance with section 3719.064 of the
Revised Code if such practitioner works for a community addiction
services provider.

Sec.
5119.364.
(A)
The department of
mental

behavioral

health

and
addiction services
shall
do both of the following with the reports it receives from community
addiction services providers under section 5119.362 of the Revised
Code:

(1)
Subject to division (B) of this section, make the reports available
on the department's internet web site;

(2)
Make the reports available in an electronic format to boards of
alcohol, drug addiction, and mental health services in a manner that
provides the information about an individual contained in a report to
the board that serves the individual's county.

(B)
In making the reports available on the department's web site, the
department shall present the information contained in the reports on
both a statewide aggregate basis and county-level aggregate basis.
The information on the web site shall be updated monthly after the
community addiction services providers submit new reports to the
department.

Sec.
5119.365.
The
director of
mental

behavioral

health

and
addiction services
shall
adopt rules in accordance with Chapter 119. of the Revised Code to do
both of the following:

(A)
Streamline the intake procedures used by a community addiction
services provider accepting and beginning to serve a new individual,
including procedures regarding intake forms and questionnaires;

(B)
Enable a community addiction services provider to retain an
individual as an active patient even though the patient last received
services from the provider more than thirty days before resumption of
services so that the individual and provider do not have to repeat
the intake procedures.

Sec.
5119.366.
The
director of
mental

behavioral

health

and
addiction services
shall
require that each board of alcohol, drug addiction, and mental health
services ensure that each community mental health services provider
and community addiction services provider with which it contracts
under section 340.036 of the Revised Code to provide certifiable
services and supports establish grievance procedures consistent with
rules adopted under section 5119.36 of the Revised Code that are
available to all persons seeking or receiving certifiable services
and supports from a community mental health services provider or
community addiction services provider.

Sec.
5119.367.
(A)
As used in this section, "adverse action" means an action
by a state, provincial, federal, or other licensing or regulatory
authority
other
than the department of behavioral health
to
deny, revoke, suspend, place on probation, or otherwise restrict a
license, certification, or other approval to provide certifiable
services and supports or an equivalent to certifiable services and
supports.

(B)(1)
When submitting an application for initial or renewed certification
of one or more certifiable services and supports, the applicant shall
notify the department of
mental

behavioral

health

and
addiction services
of
any adverse action taken against the
following
during the three-year period immediately preceding the date of
application:

(a)
The
applicant

or
any
;

(b)
Any
owner
or principal of the applicant

within

;

(c)
Any subsidiary of
the

three-year
period immediately preceding the date of application
applicant
or owner
.

(2)
Not later than seven days after receiving a notice of adverse action

from
a licensing or regulatory authority that is other than the department
of mental health and addiction services
,

an
applicant for initial or renewed certification or
the
holder of a certification issued under section 5119.36 of the Revised
Code shall notify the department of the action.

(C)
To notify the department as required by this section, a copy of the
notice of adverse action shall be provided to the department.

Sec.
5119.368.
(A)
As used in this section, "telehealth services" has the same
meaning as in section 4743.09 of the Revised Code.

(B)
Each community mental health services provider and community
addiction services provider shall establish written policies and
procedures describing how the provider will ensure that staff persons
assisting clients with receiving telehealth services or providing
telehealth services are fully trained in using equipment necessary
for providing the services.

(C)
Prior to providing telehealth services to a client, a provider shall
describe to the client the potential risks associated with receiving
treatment through telehealth services and shall document that the
client was provided with the risks and agreed to assume those risks.
The risks communicated to a client shall address the following:

(1)
Clinical aspects of receiving treatment through telehealth services;

(2)
Security considerations when receiving treatment through telehealth
services;

(3)
Confidentiality for individual and group counseling.

(D)
It is the responsibility of the provider, to the extent possible, to
ensure contractually that any entity or individuals involved in the
transmission of information through telehealth mechanisms guarantee
that the confidentiality of the information is protected.

(E)
Every provider shall have a contingency plan for providing telehealth
services to clients in the event that technical problems occur during
the provision of those services.

(F)
Providers shall maintain, at a minimum, the following information
pertaining to local resources:

(1)
The local suicide prevention telephone hotline, if available, or the
national suicide prevention telephone hotline.

(2)
Contact information for the local police and fire departments.

The
provider shall provide the client written information on how to
access assistance in a crisis, including one caused by equipment
malfunction or failure.

(G)
It is the responsibility of the provider to ensure that equipment
meets standards sufficient to do the following:

(1)
To the extent possible, ensure confidentiality of communication;

(2)
Provide for interactive communication between the provider and the
client;

(3)
When providing telehealth services using synchronous technology,
ensure that video or audio are sufficient to enable real-time
interaction between the client and the provider and to ensure the
quality of the service provided.

(H)
A mental health facility or unit that is serving as a client site
shall be maintained in such a manner that appropriate staff persons
are on hand at the facility or unit in the event of a malfunction
with the equipment used to provide telehealth services.

(I)(1)
All telehealth services provided by interactive videoconferencing
shall meet both of the following conditions:

(a)
Begin with the verification of the client through a name and password
or personal identification number when treatment services are being
provided;

(b)
Be provided in accordance with state and federal law.

(2)
When providing telehealth services in accordance with this section, a
provider shall comply with all requirements under state and federal
law regarding the protection of patient information. Each provider
shall ensure that any username or password information and any
electronic communications between the provider and a client are
securely transmitted and stored.

(J)
The department of
mental

behavioral

health

and
addiction services
may
adopt rules as it considers necessary to implement this section. The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code. Any such rules adopted by the department are not subject to the
requirements of division (F) of section 121.95 of the Revised Code.

Sec.
5119.37.
(A)(1)(a)
Except as provided in division (A)(1)(b) of this section, no person
or government entity shall operate an opioid treatment program
requiring certification, as certification is defined in 42 C.F.R.
8.2, unless the person or government entity is a community addiction
services provider and the program is licensed under this section.

(b)
Division (A)(1)(a) of this section does not apply to a program
operated by the United States department of veterans affairs.

(2)
No community addiction services provider licensed under this section
shall operate an opioid treatment program in a manner inconsistent
with this section and the rules adopted under it.

(B)
A community addiction services provider seeking a license to operate
an opioid treatment program shall apply to the department of
mental

behavioral

health

and
addiction services
.
The department shall review all applications received.

(C)
The department may issue a license to operate an opioid treatment
program to a community addiction services provider only if all of the
following apply:

(1)
During the three-year period immediately preceding the date of
application, the provider
or
any owner, sponsor, medical director, administrator, or principal of
the provider has
and
each of the following, as the case may be, have
been
in good standing to operate an opioid treatment program in all other
locations where the provider or such other person has been operating
a similar program
,
as
:
an owner, sponsor, medical director, administrator, or principal of
the provider; a subsidiary of the provider; or a subsidiary of the
provider's owner or sponsor. Good standing shall be
evidenced
by both of the following:

(a)
Not having been denied a license, certificate, or similar approval to
operate an opioid treatment program by this state or another
jurisdiction;

(b)
Not having been the subject of any of the following in this state or
another jurisdiction:

(i)
An action that resulted in the suspension or revocation of the
license, certificate, or similar approval of the provider or other
person;

(ii)
A voluntary relinquishment, withdrawal, or other action taken by the
provider or other person to avoid suspension or revocation of the
license, certificate, or similar approval;

(iii)
A disciplinary action that was based, in whole or in part, on the
provider or other person engaging in the inappropriate prescribing,
dispensing, administering, personally furnishing, diverting, storing,
supplying, compounding, or selling of a controlled substance or other
dangerous drug.

(2)
It affirmatively appears to the department that the provider is
adequately staffed and equipped to operate an opioid treatment
program.

(3)
It affirmatively appears to the department that the provider will
operate an opioid treatment program in strict compliance with all
laws relating to drug abuse and the rules adopted by the department.

(4)
Except as provided in division (D) of this section and section
5119.371 of the Revised Code, if the provider is seeking an initial
license for a particular location, the proposed opioid treatment
program is not located on a parcel of real estate that is within a
radius of five hundred linear feet of the boundaries of a parcel of
real estate having situated on it a public or private school, child
care center licensed under Chapter 5104. of the Revised Code, or
child-serving agency regulated by the department under this chapter.

(5)
The provider meets any additional requirements established by the
department in rules adopted under division (F) of this section.

(D)
The department may waive the requirement of division (C)(4) of this
section if it receives, from each public or private school, child
care center, or child-serving agency that is within the five hundred
linear feet radius described in that division, a letter of support
for the location. The department shall determine whether a letter of
support is satisfactory for purposes of waiving the requirement.

(E)(1)
Except as provided in division (E)(2) of this section, a license to
operate an opioid treatment program shall expire two years from the
date of issuance. Licenses may be renewed.

(2)
In circumstances in which the director of
mental

behavioral

health

and
addiction services
has
concerns regarding compliance of a community addiction services
provider licensed as an opioid treatment program, the department
shall notify the provider of those concerns and stipulate that the
provider's license expires annually on a date determined by the
department.

(F)
The department shall establish procedures and adopt rules for
licensing, inspection, and supervision of community addiction
services providers that operate an opioid treatment program. The
rules shall establish standards for the control, storage, furnishing,
use, dispensing, and administering of medications used in
medication-assisted treatment; prescribe minimum standards for the
operation of the opioid treatment program component of the provider's
operations; and comply with federal laws and regulations.

All
rules adopted under this division shall be adopted in accordance with
Chapter 119. of the Revised Code. All actions taken by the department
regarding the licensing of providers to operate opioid treatment
programs shall be conducted in accordance with Chapter 119. of the
Revised Code, except as provided in division (L) of this section.

(G)(1)
The department shall inspect all community addiction services
providers licensed to operate an opioid treatment program.
Inspections shall be conducted at least biennially and may be
conducted more frequently.

In
addition, the department may inspect any provider or other person
that it reasonably believes to be operating an opioid treatment
program without a license issued under this section.

(2)
When conducting an inspection, the department may do both of the
following:

(a)
Examine and copy all records, accounts, and other documents relating
to the provider's or other person's operations, including records
pertaining to patients or clients;

(b)
Conduct interviews with any individual employed by or contracted or
otherwise associated with the provider or person, including an
administrator, staff person, patient, or client.

(3)
No person or government entity shall interfere with a state or local
government official acting on behalf of the department while
conducting an inspection.

(H)
A community addiction services provider shall not administer or
dispense methadone in a tablet, powder, or intravenous form.
Methadone shall be administered or dispensed only in a liquid form
intended for ingestion.

A
community addiction services provider shall not administer or
dispense a medication used in medication-assisted treatment for pain
or other medical reasons.

(I)
As used in this division, "program sponsor" means a person
who assumes responsibility for the operation and employees of the
opioid treatment program component of a community addiction services
provider's operations.

A
provider shall not permit an individual to act as a program sponsor,
medical director, or director of the provider if the individual is
receiving a medication used in medication-assisted treatment from any
community addiction services provider.

(J)
The department may issue orders to ensure compliance with all laws
relating to drug abuse and the rules adopted under this section.
Subject to section 5119.27 of the Revised Code, the department may
hold hearings, require the production of relevant matter, compel
testimony, issue subpoenas, and make adjudications. Upon failure of a
person without lawful excuse to obey a subpoena or to produce
relevant matter, the department may apply to a court of common pleas
for an order compelling compliance.

(K)
The department may refuse to issue, or may withdraw or revoke, a
license to operate an opioid treatment program. A license may be
refused if a community addiction services provider does not meet the
requirements of division (C) of this section. A license may be
withdrawn at any time the department determines that the provider no
longer meets the requirements for receiving the license. A license
may be revoked in accordance with division (L) of this section.

Once
a license is issued under this section, the department shall not
consider the requirement of division (C)(4) of this section in
determining whether to renew, withdraw, or revoke the license or
whether to reissue the license as a result of a change in ownership.

(L)
If the department finds reasonable cause to believe that a community
addiction services provider licensed under this section is in
violation of any state or federal law or rule relating to drug abuse,
the department may issue an order immediately revoking the license,
subject to division (M) of this section. The department shall set a
date not more than fifteen days later than the date of the order of
revocation for a hearing on the continuation or cancellation of the
revocation. For good cause, the department may continue the hearing
on application of any interested party. In conducting hearings, the
department has all the authority and power set forth in division (J)
of this section. Following the hearing, the department shall either
confirm or cancel the revocation. The hearing shall be conducted in
accordance with Chapter 119. of the Revised Code, except that the
provider shall not be permitted to operate an opioid treatment
program pending the hearing or pending any appeal from an
adjudication made as a result of the hearing. Notwithstanding any
provision of Chapter 119. of the Revised Code to the contrary, a
court shall not stay or suspend any order of revocation issued by the
department under this division pending judicial appeal.

(M)
The department shall not revoke a license to operate an opioid
treatment program unless all clients receiving medication used in
medication-assisted treatment from the community addiction services
provider are provided adequate substitute medication or treatment.
For purposes of this division, the department may transfer the
clients to other providers licensed to operate opioid treatment
programs or replace any or all of the administrators and staff of the
provider with representatives of the department who shall continue on
a provisional basis the opioid treatment component of the provider's
operations.

(N)
Each time the department receives an application from a community
addiction services provider for a license to operate an opioid
treatment program, issues or refuses to issue a license, or withdraws
or revokes a license, the department shall notify the board of
alcohol, drug addiction, and mental health services of each alcohol,
drug addiction, and mental health service district in which the
provider operates.

(O)
Whenever it appears to the department from files, upon complaint, or
otherwise, that a community addiction services provider has engaged
in any practice declared to be illegal or prohibited by section
3719.61 of the Revised Code, or any other state or federal laws or
regulations relating to drug abuse, or when the department believes
it to be in the best interest of the public and necessary for the
protection of the citizens of the state, the department may request
criminal proceedings by laying before the prosecuting attorney of the
proper county any evidence of criminality which may come to its
knowledge.

(P)
The department shall maintain a current list of community addiction
services providers licensed by the department under this section and
shall provide a copy of the current list to a judge of a court of
common pleas who requests a copy for the use of the judge under
division (H) of section 2925.03 of the Revised Code and to a board of
alcohol, drug addiction, and mental health services that requests a
copy for purposes of division (I)(3) of section 340.08 of the Revised
Code. The list of licensed community addiction services providers
shall identify each licensed provider by its name, its address, and
the county in which it is located.

Sec.
5119.371.
(A)
On application by a community addiction services provider that has
purchased or leased real property to be used as the location of an
opioid treatment program subject to licensure under section 5119.37
of the Revised Code, the department of
mental

behavioral

health

and
addiction services
shall
determine whether the location of the proposed program complies with
the requirements of division (C)(4) of section 5119.37 of the Revised
Code by not being located on a parcel of real estate that is within a
radius of five hundred linear feet of the boundaries of a parcel of
real estate having situated on it a public or private school, child
care center licensed under Chapter 5104. of the Revised Code, or
child-serving agency regulated by the department under this chapter.

If
the department determines that the location is in compliance with
division (C)(4) of section 5119.37 of the Revised Code, the
department shall issue a declaration stating that the location is in
compliance. The declaration is valid for two years from the date of
issuance.

The
department shall provide to the provider either a copy of the
declaration or a notice that the department has determined that the
location is not in compliance with division (C)(4) of section 5119.37
of the Revised Code.

If,
before expiration of the declaration, a community addiction services
provider applies for a license to operate an opioid treatment
program, the department shall not consider the requirement of
division (C)(4) of section 5119.37 of the Revised Code in determining
whether to issue the license.

(B)
A community addiction services provider seeking to relocate an opioid
treatment program licensed under section 5119.37 of the Revised Code
may apply for and be granted a declaration under division (A) of this
section. If, before expiration of the declaration, the provider
applies for issuance of a license due to relocation, the department
shall not consider the requirement of division (C)(4) of section
5119.37 of the Revised Code in determining whether to reissue the
license due to relocation.

Sec.
5119.38.
A
drivers' intervention program may be used as an alternative to a term
of imprisonment for an offender sentenced pursuant to division
(G)(1)(a) of section 4511.19 of the Revised Code, if it is certified
by the director of
mental

behavioral

health

and
addiction services
pursuant
to this section. No drivers' intervention program shall be used as an
alternative to a term of imprisonment that is imposed pursuant to
division (G)(1)(b), (c), (d), or (e) of section 4511.19 of the
Revised Code.

To
qualify for certification by the director and to receive funds from
the statewide treatment and prevention fund created by section
4301.30 of the Revised Code in any amounts and at any times that the
director determines are appropriate, a drivers' intervention program
shall meet state minimum standards that the director shall establish
by rule. The rules shall include, but are not limited to, standards
governing program course hours and content, qualifications of program
personnel, methods of identifying and testing participants to isolate
participants with alcohol and drug abuse problems, referral of such
persons to community addiction services providers, the prompt
notification of courts by program operators of the completion of the
programs by persons required by courts to attend them, and record
keeping, including methods of tracking participants for a reasonable
time after they have left the program.

The
director shall issue a certificate to any qualified drivers'
intervention program. The certificate is valid for three years.

Sec.
5119.39.
(A)
The department of
mental

behavioral

health

and
addiction services
shall
monitor the operation of recovery housing in this state by doing
either of the following:

(1)
Certifying recovery housing residences through a process established
by the department;

(2)
Accepting accreditation, or its equivalent for recovery housing, from
one or more of the following:

(a)
The Ohio affiliate of the national alliance for recovery residences;

(b)
Oxford house, inc.;

(c)
Any other organization that is designated by the department for
purposes of this section.

(B)
If the department certifies recovery housing residences, the
department shall, in rules adopted under section 5119.397 of the
Revised Code, establish requirements for initial certification and
renewal certification, as well as grounds and procedures for
disciplinary action against operators of recovery housing residences.

Sec.
5119.391.
(A)
The department of
mental

behavioral

health

and
addiction services
shall
monitor the establishment of recovery housing residences in this
state.

(B)
For purposes of division (A) of this section, and within the
timeframe specified in division (C) of this section, each person or
government entity that will operate a recovery housing residence on
or after
the
effective date of this section
October
3, 2023
,
including any recovery housing that was established and in operation
prior to
the
effective date of this section
October
3, 2023
,
shall file with the department, on a form prescribed by the
department, all of the following information:

(1)
The name of the recovery housing residence and any other name under
which the residence does business;

(2)
The address of the recovery housing residence;

(3)
The name of the person or government entity operating the residence;

(4)
The primary telephone number and electronic mail address for the
recovery housing operator;

(5)
The date the recovery housing residence was first occupied, or will
be occupied, by its first resident;

(6)
Information related to any existing accreditation or its equivalent
that the recovery housing residence has obtained or is in the process
of obtaining;

(7)
Any other information the department considers appropriate.

(C)
The form required by division (B) of this section shall be filed with
the department as follows:

(1)
For a recovery housing residence that began operating before the
effective date of this section, not later than thirty days after
the
effective date of this section
October
3, 2023
;

(2)
For a recovery housing residence that will begin operating on or
after
the
effective date of this section
October
3, 2023
,
not later than thirty days after the first resident begins occupying
the residence.

(D)
If the department accepts accreditation or its equivalent from an
organization specified in section 5119.39 of the Revised Code, the
department may provide copies of forms filed in accordance with this
section to any such organization.

Sec.
5119.392.
(A)
Beginning January 1, 2025, no person or government entity shall
operate a recovery housing residence unless either of the following
applies:

(1)(a)
If the department of
mental

behavioral

health

and
addiction services
certifies
recovery housing residences, the recovery housing residence is
certified by the department.

(b)
If the department accepts accreditation or its equivalent from an
organization specified in section 5119.39 of the Revised Code, the
residence is accredited by such an organization.

(2)
The recovery housing residence has been operating for not more than
eighteen months and is actively engaged in efforts to obtain
certification or accreditation, as applicable. For purposes of
identifying this eighteen-month timeframe, a recovery housing
residence is considered to begin operating on the date that the first
resident occupies the residence, as specified on the form filed in
accordance with section 5119.391 of the Revised Code.

(B)
If the director of
mental

behavioral

health

and
addiction services
determines
that a recovery housing residence is operating in violation of this
section, the director may request, in writing, that the attorney
general petition the court of common pleas of the county in which the
recovery housing residence is located for an order enjoining
operation of the recovery housing residence.

Sec.
5119.393.
(A)
The department of
mental

behavioral

health

and
addiction services
shall
establish a procedure to receive and investigate complaints from
residents, staff, and the public regarding recovery housing
residences. The department may contract with one or more of the
organizations specified in section 5119.39 of the Revised Code to
fulfill some or all of the functions associated with receiving and
investigating complaints.

(B)
Any organization under contract with the department to receive and
investigate complaints shall make reports to the department as
follows:

(1)
Not less than monthly, the contractor shall report the status of each
pending investigation and shall report the outcome of each
investigation that has been completed since the last report was made;

(2)
As soon as practicable, but not later than ten days after making an
adverse decision, if a contractor's accreditation or its equivalent
is accepted by the department for purposes of section 5119.39 of the
Revised Code, the contractor shall report that decision to the
department in a manner prescribed by the department.

(C)(1)
With respect to complaints received by the department or a contractor
of the department, information and records received, collected, or
generated by the department or a contractor pursuant to an
investigation, and reports that are made under division (B) of this
section, all of the following apply to those items, subject to
division (C)(2) of this section:

(a)
The items are confidential and not public records under section
149.43 of the Revised Code.

(b)
The items are exempt from the provisions of Chapter 1347. of the
Revised Code.

(c)
The items are not subject to discovery in any civil action.

(2)(a)
The items described in division (C)(1) of this section shall be
disclosed if required by law.

(b)
The items described in division (C)(1) of this section may be
disclosed to any federal, state, or local law enforcement,
prosecutorial, or regulatory agency or its officers or agents.

(c)
The items described in division (C)(1) of this section may be
admitted into evidence in a criminal trial in accordance with the
Rules of Evidence, or in an administrative hearing conducted by an
agency, but the court or agency shall require that appropriate
measures be taken to ensure that confidentiality is maintained with
respect to any part thereof that contains names or other identifying
information about residents, complainants, or others whose
confidentiality was protected by the department or its contractor
when the items were in the possession of the department or
contractor. Measures to ensure confidentiality that may be taken by
the court or agency include sealing its records or redacting specific
information from its records.

(d)
The items described in division (C)(1) of this section may be
included in the registry established and maintained under section
5119.394 of the Revised Code, but the department shall make its best
effort to do so in a manner that protects the confidentiality of
complainants, individuals or organizations providing information
about a complaint, and recovery housing residents. The department may
refer to any of the foregoing in the registry as long as it removes
personally identifying information or uses any other technique it
considers appropriate to maintain confidentiality.

Sec.
5119.394.
(A)
The department of
mental

behavioral

health

and
addiction services
shall
establish and maintain a registry of recovery housing residences that
meet the criteria described in division (A)(1) or (2) of section
5119.392 of the Revised Code.
For

(B)
For
each
residence, the registry shall include all of the following
,
subject to the confidentiality requirements of division (C) of
section 5119.393 of the Revise Code
:

(1)
Any information from the form required by division (B) of section
5119.391 of the Revised Code that the department chooses to include
in the registry;

(2)
If a complaint received under section 5119.393 of the Revised Code
has been investigated and substantiated, a description of the
complaint, the date the complaint was submitted to the department or
its contractor, and the outcome of the investigation;

(3)
Any other information the department considers appropriate.

(B)
(C)

The department shall immediately remove from the registry a recovery
housing residence that ceases to meet the criteria described in
division (A)(1) or (2) of section 5119.392 of the Revised Code,
including if the criteria described in those divisions ceases to be
met because the residence has had its certification or accreditation,
as applicable, revoked or not renewed.

(C)
(D)

The department shall make the registry available to the public on the
department's web site.

Sec.
5119.395.
(A)
Beginning January 1, 2025, no person or government entity shall
advertise or represent any residence or other building to be a
recovery housing residence, sober living home, or any other alcohol
and drug free housing for persons recovering from alcohol use
disorder or drug addiction unless the residence or building meets
either of the following conditions:

(1)
The residence or building is on the registry established and
maintained under section 5119.394 of the Revised Code;

(2)
The residence or building is regulated by the department of
rehabilitation and correction under section 2967.14 of the Revised
Code.

(B)
If the director of
mental

behavioral

health

and
addiction services
determines
that a person or government entity is violating division (A) of this
section, the director may request, in writing, that the attorney
general petition the court of common pleas of the county where the
person or government entity is operating the residence or other
building to enjoin that person or government entity from engaging in
the conduct that violates division (A) of this section.

Sec.
5119.397.
The
director of
mental

behavioral

health

and
addiction services
may
adopt rules in accordance with Chapter 119. of the Revised Code to
implement sections 5119.39 to 5119.396 of the Revised Code.

Sec.
5119.40.
(A)
As used in this section, "individual with a mental illness"
and "specialized services" have the same meanings as in
section 5165.03 of the Revised Code.

(B)(1)
Except as provided in division (B)(2) of this section and rules
adopted under division (E)(3) of this section, for purposes of
section 5165.03 of the Revised Code, the department of
mental

behavioral

health

and
addiction services
shall
determine in accordance with the "Social Security Act,"
section 1919(e)(7), 42 U.S.C. 1396r(e)(7), and regulations adopted
under section 1919(f)(8)(A) of that act, 42 U.S.C. 1396r(f)(8)(A),
whether, because of the individual's physical and mental condition,
an individual with a mental illness seeking admission to a nursing
facility requires the level of services provided by a nursing
facility and, if the individual requires that level of services,
whether the individual requires specialized services for mental
illness. The determination required by this division shall be based
on an independent physical and mental evaluation performed by a
person or entity other than the department.

(2)
Except as provided in division (B)(3) of this section, a
determination under division (B)(1) of this section is not required
for any of the following:

(a)
An individual seeking readmission to a nursing facility after having
been transferred from a nursing facility to a hospital for care;

(b)
An individual who meets all of the following conditions:

(i)
The individual is admitted to the nursing facility directly from a
hospital after receiving inpatient care at the hospital;

(ii)
The individual requires nursing facility services for the condition
for which care in the hospital was received;

(iii)
The individual's attending physician has certified, before admission
to the nursing facility, that the individual is likely to require
less than thirty days of nursing facility services.

(c)
An individual transferred from one nursing facility to another
nursing facility, with or without an intervening hospital stay.

(3)
A determination under division (B)(1) of this section is required for
an individual described in division (B)(2)(a) or (b) of this section
if the hospital from which the individual is transferred or directly
admitted to a nursing facility is either of the following:

(a)
A hospital that the department maintains, operates, manages, and
governs under section 5119.14 of the Revised Code for the care and
treatment of persons with mental illnesses;

(b)
A free-standing hospital, or unit of a hospital, licensed by the
department under section 5119.33 of the Revised Code.

(C)
Except as provided in rules adopted under division (E)(3) of this
section, the department of
mental

behavioral

health

and
addiction services
shall
review and determine for each resident of a nursing facility who has
a mental illness, whether the resident, because of the resident's
physical and mental condition, requires the level of services
provided by a nursing facility and whether the resident requires
specialized services for mental illness. The review and determination
shall be conducted in accordance with section 1919(e)(7) of the
"Social Security Act" and the regulations adopted under
section 1919(f)(8)(A) of the act and based on an independent physical
and mental evaluation performed by a person or entity other than the
department. The review and determination shall be completed promptly
after a nursing facility has notified the department that there has
been a significant change in the resident's mental or physical
condition.

(D)(1)
In the case of a nursing facility resident who has continuously
resided in a nursing facility for at least thirty months before the
date of a review and determination under division (C) of this
section, if the resident is determined not to require the level of
services provided by a nursing facility, but is determined to require
specialized services for mental illness, the department, in
consultation with the resident's family or legal representative and
care givers, shall do all of the following:

(a)
Inform the resident of the institutional and noninstitutional
alternatives covered under the state plan for medical assistance;

(b)
Offer the resident the choice of remaining in the nursing facility or
receiving covered services in an alternative institutional or
noninstitutional setting;

(c)
Clarify the effect on eligibility for services under the state plan
for medical assistance if the resident chooses to leave the facility,
including its effect on readmission to the facility;

(d)
Provide for or arrange for the provision of specialized services for
the resident's mental illness in the setting chosen by the resident.

(2)
In the case of a nursing facility resident who has continuously
resided in a nursing facility for less than thirty months before the
date of the review and determination under division (C) of this
section, if the resident is determined not to require the level of
services provided by a nursing facility, but is determined to require
specialized services for mental illness, or if the resident is
determined to require neither the level of services provided by a
nursing facility nor specialized services for mental illness, the
department shall act in accordance with its alternative disposition
plan approved by the United States department of health and human
services under section 1919(e)(7)(E) of the "Social Security
Act."

(3)
In the case of an individual who is determined under division (B) or
(C) of this section to require both the level of services provided by
a nursing facility and specialized services for mental illness, the
department of
mental

behavioral

health

and
addiction services
shall
provide or arrange for the provision of the specialized services
needed by the individual or resident while residing in a nursing
facility.

(E)
The department of
mental

behavioral

health

and
addiction services
shall
adopt rules in accordance with Chapter 119. of the Revised Code that
do all of the following:

(1)
Establish criteria to be used in making the determinations required
by divisions (B) and (C) of this section. The criteria shall not
exceed the criteria established by regulations adopted by the United
States department of health and human services under section
1919(f)(8)(A) of the "Social Security Act."

(2)
Specify information to be provided by the individual or nursing
facility resident being assessed;

(3)
Specify any circumstances, in addition to circumstances listed in
division (B) of this section, under which determinations under
divisions (B) and (C) of this section are not required to be made.

Sec.
5119.41.
(A)
The department of
mental

behavioral

health

and
addiction services
shall
implement the residential state supplement program under which the
state supplements the amounts received by aged, blind, or disabled
adults as supplemental security income payments under Title XVI of
the "Social Security Act," 42 U.S.C. 1381 et seq., or as
social security benefits or social security disability insurance
benefits under Title II of the "Social Security Act," 42
U.S.C. 401 et seq. Residential state supplement payments shall be
used for the provision of accommodations, supervision, and personal
care services to recipients of supplemental security income payments,
social security benefits, and social security disability insurance
benefits who the department determines are at risk of needing
institutional care.

In
implementing the program, the department may designate one or more
entities to be responsible for providing administrative services
regarding the program. The department may designate an entity either
by entering into a contract with the entity to

provided

provide

the services or by otherwise delegating to the entity the
responsibility to provide the services.

(B)
To be eligible for residential state supplement payments, an
individual must satisfy all eligibility requirements established by
rules adopted under this section.

(C)
The director of
mental

behavioral

health

and
addiction services
and
the medicaid director shall adopt rules as necessary to implement the
residential state supplement program, including the requirements that
an individual must satisfy to be eligible for payments under the
program. The rules shall be adopted in accordance with Chapter 119.
of the Revised Code.

The
rules adopted by the director of
mental

behavioral

health

and
addiction services
may
establish the method to be used to determine the payment an eligible
individual will receive under the program. The amount the general
assembly appropriates for the program may be a factor included in the
method that director establishes.

To
the extent permitted by Title XVI of the "Social Security Act"
and any other provision of federal law, the rules adopted by the
medicaid director may establish standards for adjusting the
eligibility requirements concerning the level of impairment an
individual must have so that the amount appropriated for the program
by the general assembly is adequate for the number of eligible
individuals. The rules shall not limit the eligibility of individuals
who are disabled solely on a basis classifying disabilities as
physical or mental.

(D)
The county department of job and family services of the county in
which an applicant for the residential state supplement program
resides or the department of medicaid shall determine whether the
applicant meets income and resource requirements for the program.

The
county department of job and family services or the department of
medicaid shall notify each individual who is denied approval for
payments under the program of the individual's right to a hearing. On
request, the hearing shall be provided in accordance with section
5101.35 of the Revised Code.

(E)
An individual in a licensed or certified living arrangement receiving
state supplementation on November 15, 1990, under former section
5101.531 of the Revised Code shall not become ineligible for payments
under this program solely by reason of the individual's living
arrangement as long as the individual remains in the living
arrangement in which the individual resided on November 15, 1990.

Sec.
5119.42.
(A)
As used in this section, "private, nonprofit organization"
means a private association, organization, corporation, or other
entity that is tax exempt under section 501(a) and described in
section 501(c) of the "Internal Revenue Code of 1986," 100
Stat. 2085, 26 U.S.C. 501.

(B)
To the extent funds are available and on application by boards of
alcohol, drug addiction, and mental health services, the director of

mental

behavioral

health

and
addiction services
may
approve state reimbursement of, or state grants for, community
construction programs including residential housing for persons with
severe mental disabilities and persons with substance use disorders.
The director may also approve an application for reimbursement or a
grant for such programs submitted by other governmental entities or
by private, nonprofit organizations, after the application has been
reviewed and recommended for approval or disapproval by the board of
alcohol, drug addiction, and mental health services for the district
from which the application came, and the application is consistent
with the board's approved community addiction and mental health plan
submitted under division (A) of section 340.03 of the Revised Code
and the board's approved budget and list of addiction services,
mental health services, and recovery supports submitted under
divisions (A) and (B) of section 340.08 of the Revised Code.

(C)(1)
The director of
mental

behavioral

health

and
addiction services
shall
adopt rules in accordance with Chapter 119. of the Revised Code that
specify procedures for applying for state reimbursement of and state
grants for community construction programs, including residential
housing for persons with severe mental disabilities and persons with
substance use disorders and procedures and criteria for approval of
such reimbursement and grants.

(2)
The director of
mental

behavioral

health

and
addiction services
shall
not approve state reimbursement or a state grant unless all of the
following conditions are met:

(a)
The applicant includes with the application a plan specifying the
services, in addition to housing, that will be provided to persons
who will reside in the residential housing. Services specified may
include any of the services described in section 340.09 of the
Revised Code.

(b)
The director is satisfied that the residential housing for persons
with severe mental disabilities will be developed to promote the
maximum practical integration of persons with severe mental
disabilities with persons at the same site who do not have severe
mental disabilities.

(c)
The use of any funds distributed pursuant to the reimbursement or
grant will not subject any obligation from which the funds are
derived to federal income taxation.

(3)
The director may enter into an agreement establishing terms for any
reimbursement or grant approved under this division with the
organization, board, or other government entity that is the recipient
of the reimbursement or grant. Any such agreement is subject to any
covenant or agreement pertaining to any obligation issued to provide
funds for the reimbursement or grant.

Sec.
5119.421.
(A)
This section applies to a board of alcohol, drug addiction, and
mental health services, another governmental entity, or a private,
nonprofit organization that received a grant or reimbursement under
section 5119.42 of the Revised Code for a facility on which the
department of
mental

behavioral

health

and
addiction services
holds
a security interest.

(B)
A board of alcohol, drug addiction, and mental health services,
another governmental entity, or a private, nonprofit organization to
which this section applies may apply to the director of
mental

behavioral

health

and
addiction services
for
approval to sell its facility and acquire, construct, or renovate a
replacement facility pursuant to this section. The director shall
prescribe the form of the application. Before submitting an
application to the director, a governmental entity or private,
nonprofit organization must obtain approval of the application from
the board of alcohol, drug addiction, and mental health services with
jurisdiction over the service district in which the existing facility
is located. The director shall approve an application for a
replacement project upon determining that the project provides for
the continuation of appropriate mental health and addiction services
to the population served by the board, entity, or organization.

(C)
A board, entity, or organization that obtains approval for a project
under division (B) of this section shall pay the proceeds of the sale
of its facility to the director of
mental

behavioral

health

and
addiction services
.
The director shall deposit the proceeds to the credit of the
community capital replacement facilities fund.

(D)
When a board, entity, or organization that has sold its facility
notifies the director of
mental

behavioral

health

and
addiction services
that
it is ready to acquire, construct, or renovate a replacement
facility, the director shall do one of the following:

(1)
If the replacement facility is located in the same alcohol, drug
addiction, and mental health service district as the original
facility, and if the purposes for which the replacement facility will
be used are the same as or similar to those for the original
facility, the director shall pay to the board, entity, or
organization from the community capital replacement facilities fund
an amount equal to the lesser of an amount equal to the proceeds of
the sale of the original facility or the amount of the state's
agreed-upon participation (as a per cent of the total cost) in the
cost of the replacement facility. If the amount of the state's
agreed-upon participation in the cost of the replacement facility is
less than the value of the state's security interest in the original
facility, the difference between the state's agreed-upon
participation in the cost of the replacement facility and the value
of the state's security interest in the original facility shall be
retained in the community capital replacement facilities fund, and
any excess proceeds shall be paid to the board, entity, or
organization.

(2)
If the replacement facility is located in a different alcohol, drug
addiction, and mental health service district than the original
facility, or if the purposes for which the replacement facility will
be used are not the same as or similar to those for the original
facility, the director shall request controlling board approval for
release of funds for the project. If the controlling board so
approves, the director shall pay to the board, entity, or
organization from the community capital replacement facilities fund
the lesser of an amount equal to the proceeds of the sale of the
original facility or the amount of the state's agreed-upon
participation (as a per cent of the total cost) in the cost of the
replacement facility. If the amount of the state's agreed-upon
participation in the cost of the replacement facility is less than
the value of the state's security interest in the original facility,
the difference between the state's agreed-upon participation in the
cost of the replacement facility and the value of the state's
security interest in the original facility shall be retained in the
community capital replacement facilities fund, and any excess
proceeds shall be paid to the board, entity, or organization.

(E)
The director of
mental

behavioral

health

and
addiction services
and
a board, entity, or organization shall enter into an agreement
specifying the terms of any payment made to the board, entity, or
organization under division (D) of this section. The terms may
include provision for the department of
mental

behavioral

health

and
addiction services
to
hold a security interest in the facility.

(F)(1)
When approving an application under division (B) of this section, the
director of
mental

behavioral

health

and
addiction
services
shall establish a deadline by which the board, entity, or
organization must notify the director that it is ready to acquire,
construct, or renovate a replacement facility. If the board, entity,
or organization does not notify the director on or before the
deadline, the director may cancel the project. Upon canceling the
project, the director shall pay to the board, entity, or organization
from the community capital replacement facilities fund an amount
equal to the portion of the proceeds of the sale of the original
facility that exceeds the value of the state's security interest in
the facility.

(2)
Notwithstanding the deadline established under division (F)(1) of
this section, if at any time a board, entity, or organization
notifies the director that it does not intend to acquire, construct,
or renovate a replacement facility under this section, the director
shall cancel the replacement project and pay to the board, entity, or
organization from the community capital replacement facilities fund
an amount equal to the portion of the proceeds of the sale of the
original facility that exceeds the value of the state's security
interest in the facility.

(G)
If a replacement project is canceled after the sale of the original
facility, the director of
mental

behavioral

health

and
addiction services
shall
use funds equal to the value of the state's security interest in the
original facility for additional grants or reimbursements under
section 5119.42 of the Revised Code. The director shall obtain the
approval of the controlling board before releasing the additional
grants or reimbursements.

(H)
The community capital replacement facilities fund is hereby created
in the state treasury. The director of
mental

behavioral

health

and
addiction services
shall
use the fund for the purposes of this section.

Sec.
5119.43.
(A)
The director of
mental

behavioral

health

and
addiction services
may
enter into agreements with any person, political subdivision, or
state agency for the sale or lease of land or facilities under the
jurisdiction of the director of
mental

behavioral

health

and
addiction services
in
the following manner:

(1)
The director of
mental

behavioral

health

and
addiction services
shall
designate lands and facilities that are not needed by the department
of
mental

behavioral

health

and
addiction services
and
are under the jurisdiction of the department.

(2)
The director of
mental

behavioral

health

and
addiction services
shall
have a preliminary appraisal made of any lands or facilities
designated under division (A)(1) of this section by a disinterested
professional appraiser from the department of administrative
services. The appraiser shall deliver to the director of
mental

behavioral

health

and
addiction services
a
signed certificate of the probable market value of the lands and
facilities as determined from the preliminary appraisal.

(3)
The director of
mental

behavioral

health

and
addiction services
shall
certify to the clerk of the house of representatives and to the clerk
of the senate a list of all lands and facilities which may be sold or
leased, and shall include with the list the results of the
preliminary appraisals of the lands and facilities, a general
description of the land and facilities, and a description of the
current use of the land and facilities.

(4)
Every list of lands and facilities certified by the director of

mental

behavioral

health

and
addiction services
to
the clerk of the house of representatives and to the clerk of the
senate under division (A)(3) of this section, shall immediately be
transmitted by the respective clerks to the committees in the house
and the senate to which land conveyance bills are usually referred.
If either committee files in its clerk's office, within sixty
calendar days of the original certification of the lands and
facilities by the director of
mental

behavioral

health

and
addiction services
,
a report disapproving the sale or lease of any lands or facilities,
the sale or lease of the lands or facilities disapproved in the
report shall not be made under this section. With respect to a sale
or lease of lands and facilities that has not been disapproved under
this division, the director of
mental

behavioral

health

and
addiction services
shall
certify those lands and facilities to the director of administrative
services.

(5)
After certification to the director of administrative services under
division (A)(4) of this section, the director of
mental

behavioral

health

and
addiction services
shall
have a formal appraisal made of the lands and facilities by a
disinterested professional appraiser from the department of
administrative services. The director of
mental

behavioral

health

and
addiction services
may
accept the formal appraisal or may reject it and order a new formal
appraisal by a disinterested professional appraiser who shall not be
from the department of administrative services. The director of

mental

behavioral

health

and
addiction services
may
then sell or lease the lands or facilities in accordance with this
division and department of administrative services procedures as set
forth in Chapter 123. of the Revised Code. Any such deed or lease
shall be prepared and recorded pursuant to section 5301.13 of the
Revised Code. The department of administrative services shall be the
sole agent for the state and shall complete the sale or lease of the
lands or facilities, up to and including the closing thereof, after
the director of
mental

behavioral

health

and
addiction services
approves
the sale price. The director of
mental

behavioral

health

and
addiction services
and
the director of administrative services may, if it is determined to
be in the best interests of the state, agree to sell surplus land for
an amount less than the formal appraised value but shall not sell any
land for less than two-thirds of the formal appraised value.

(B)
Coincident with the certification made under division (A)(3) of this
section concerning lands which may be sold, the director of
mental

behavioral

health

and
addiction services
shall
give written notice of intention to sell the lands by certified mail
to the executive officer of each county, township, municipal
corporation, and school district within which the lands are situated.
In each notice, the director of
mental

behavioral

health

and
addiction services
shall
specify the conditions under which the lands shall be sold, including
whether the lands will be sold as a single unit or sold in specific
parcels that the director designates, and shall solicit from the
subdivision offers to purchase the lands in accordance with the
conditions the director of
mental

behavioral

health

and
addiction services
has
specified and at a price equal to the preliminary appraised value
determined pursuant to division (A)(2) of this section. If, within
thirty days of having certified the lands to the director of
administrative services under division (A)(4) of this section, the
director of
mental

behavioral

health

and
addiction services
receives
from the executive officer of a subdivision a written offer to
purchase the lands at or above the price specified in the original
notice from the director of
mental

behavioral

health

and
addiction services
to
the officer, provided such offer otherwise complies with the
conditions of purchase specified in the original notice from the
director of
mental

behavioral

health

and
addiction services
,
the director of
mental

behavioral

health

and
addiction services
shall
forthwith enter into an agreement to sell the lands to the
subdivision. The agreement shall incorporate any and all terms that
are acceptable to both parties and that are consistent with the terms
specified in the original notice from the director of
mental

behavioral

health

and
addiction services
.
If no offer to purchase is received by the director of
mental

behavioral

health

and
addiction services
within
the thirty-day period provided in this division, the original notice
from the director of
mental

behavioral

health

and
addiction services
shall
be considered withdrawn and the director of
mental

behavioral

health

and
addiction services
shall
be under no obligation to sell any of the lands specified in the
notice to the subdivision. If two or more offers to purchase the same
parcels of land are received by the director of
mental

behavioral

health

and
addiction services
within
the required time period from the executive officers of two or more
subdivisions, the director of
mental

behavioral

health

and
addiction services
shall
accept the offer or offers to purchase that the director considers to
be in the best interests of the state and of the department of
mental

behavioral

health

and
addiction services
and
shall proceed to enter into agreements of sale pursuant to this
division. If all of the original notices from the director of
mental

behavioral

health

and
addiction services
relating
to a given parcel of land become withdrawn, the director of
mental

behavioral

health

and
addiction services
may
thereupon proceed to sell the parcel as otherwise provided in this
section. No subdivision may commence an action to enforce the
provisions of this division, or to seek any other legal or equitable
remedy relative to this division, with respect to any lands certified
to the director of administrative services under division (A)(4) of
this section, except within sixty days of the date on which the lands
were so certified.

(C)
Any agreement under this section shall be at such terms as will be in
the best interests of the state and the department of
mental

behavioral

health

and
addiction services
.
However, the terms of any agreement for sale shall include a
provision that the purchaser will abide by any comprehensive plan for
the area that has been adopted by the local government in which the
property is located before the parties enter into the agreement. No
lease shall be of a duration greater than fifteen years. No
agreement, except an agreement entered into under division (B) of
this section, shall be entered into before the proposal to sell or
lease the land or facilities has been advertised once each week for
four weeks in a newspaper of general circulation in every county in
which the lands or facilities are located and if the preliminary
appraised value of the land to be sold or leased is more than one
hundred thousand dollars, advertisement shall be made once each week
for four weeks in at least two newspapers in the state having a daily
circulation of one hundred thousand or more. If a city in this state
is served by more than one newspaper having a circulation of one
hundred thousand or more, advertisement may be made in only one of
the newspapers serving the city.

(D)
Each deed or lease prepared and recorded pursuant to this section
shall contain a recital stating that all provisions of this section
have been complied with. The recital shall be considered binding and
conclusive against all subdivisions of the state provided no action
has been commenced pursuant to division (B) of this section. Any deed
or lease containing such a recital shall be conclusively presumed to
have been executed in compliance with this section insofar as title
or other interest of any bona fide purchasers, lessees, or
transferees of the property is concerned.

(E)
Nothing in this section shall be construed as establishing a
precedent for the disposal of state lands and facilities by other
departments of the state.

Sec.
5119.431.
When
it is necessary for a state institution under the jurisdiction of the
department of
mental

behavioral

health

and
addiction services
to
acquire any real estate, right of way, or easement in real estate in
order to accomplish the purposes for which it was organized or is
being conducted, and the department is unable to agree with the owner
of such property upon the price to be paid therefor, such property
may be appropriated in the manner provided for the appropriation of
property for other state purposes.

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

Sec.
5119.44.
As
used in this section, "free clinic" has the same meaning as
in section 2305.2341 of the Revised Code.

(A)
The department of
mental

behavioral

health

and
addiction services
may
provide certain goods and services for the department of
mental

behavioral

health

and
addiction services
,
the department of developmental disabilities, the department of
rehabilitation and correction, the department of youth services, and
other state, county, or municipal agencies requesting such goods and
services when the department of
mental

behavioral

health

and
addiction services
determines
that it is in the public interest, and considers it advisable, to
provide these goods and services. The department of
mental

behavioral

health

and
addiction services
also
may provide goods and services to agencies operated by the United
States government and to public or private nonprofit agencies, other
than free clinics, that are funded in whole or in part by the state
if the public or private nonprofit agencies are designated for
participation in this program by the director of
mental

behavioral

health

and
addiction services
for
community addiction services providers and community mental health
services providers, the director of developmental disabilities for
community developmental disabilities agencies, the director of
rehabilitation and correction for community rehabilitation and
correction agencies, or the director of youth services for community
youth services agencies.

Designated
community agencies or services providers shall receive goods and
services through the department of
mental

behavioral

health

and
addiction services
only
in those cases where the designating state agency certifies that
providing such goods and services to the agency or services provider
will conserve public resources to the benefit of the public and where
the provision of such goods and services is considered feasible by
the department of
mental

behavioral

health

and
addiction services
.

(B)
The department of
mental

behavioral

health

and
addiction services
may
permit free clinics to purchase certain goods and services to the
extent the purchases fall within the exemption to the Robinson-Patman
Act, 15 U.S.C. 13 et seq., applicable to nonprofit institutions, in
15 U.S.C. 13c, as amended.

(C)
The goods and services that may be provided by the department of

mental

behavioral

health

and
addiction services
under
divisions (A) and (B) of this section may include:

(1)
Procurement, storage, processing, and distribution of food and
professional consultation on food operations;

(2)
Procurement, storage, and distribution of medical and laboratory
supplies, dental supplies, medical records, forms, optical supplies,
and sundries;

(3)
Procurement, storage, repackaging, distribution, and dispensing of
drugs, the provision of professional pharmacy consultation, and drug
information services;

(4)
Other goods and services.

(D)
The department of
mental

behavioral

health

and
addiction services
may
provide the goods and services designated in division (C) of this
section to its institutions and to state-operated community-based
mental health or addiction services providers.

(E)
After consultation with and advice from the director of developmental
disabilities, the director of rehabilitation and correction, and the
director of youth services, the department of
mental

behavioral

health

and
addiction services
may
provide the goods and services designated in division (C) of this
section to the department of developmental disabilities, the
department of rehabilitation and correction, and the department of
youth services.

(F)
The cost of administration of this section shall be determined by the
department of
mental

behavioral

health

and
addiction services
and
paid by the agencies, services providers, or free clinics receiving
the goods and services to the department for deposit in the state
treasury to the credit of the Ohio pharmacy services fund, which is
hereby created. The fund shall be used to pay the cost of
administration of this section to the department.

(G)
Whenever a state agency fails to make a payment for goods and
services provided under this section within thirty-one days after the
date the payment was due, the office of budget and management may
transfer moneys from the state agency to the department of
mental

behavioral

health

and
addiction services
.
The amount transferred shall not exceed the amount of overdue
payments. Prior to making a transfer under this division, the office
of budget and management shall apply any credits the state agency has
accumulated in payments for goods and services provided under this
section.

(H)
Purchases of goods and services under this section are not subject to
section 307.86 of the Revised Code.

Sec.
5119.45.
Unless
otherwise specifically provided by law, all moneys received by the
department of
mental

behavioral

health

and
addiction services
from
the sale of goods and services, including, but not limited to, shared
service agreements with other governmental entities and
nongovernmental entities, employee housing and cafeteria receipts,
fees for copying services, and sales of other tangible personal
property under the department's control, shall be paid into the state
treasury to the credit of the sale of goods and services fund, which
is hereby created. Moneys received by the department pursuant to
section 5119.44 of the Revised Code shall not be paid into the fund.
The department shall use the moneys in the fund for paying operating
expenses of the department.

Sec.
5119.46.
There
is hereby created in the state treasury the department of
mental

behavioral

health

and
addiction services
trust
fund.
Not
later than the first day of September of each year, the director of
mental health and addiction services shall certify to the director of
budget and management the amount of all of the unexpended,
unencumbered balances of general revenue fund appropriations made to
the department of mental health and addiction services for the
previous fiscal year, excluding funds appropriated for rental
payments to the Ohio public facilities commission. On receipt of the
certification, the director of budget and management shall transfer
cash to the trust fund in an amount up to, but not exceeding, the
total of the amounts certified by the director of mental health and
addiction services.

In
addition, the
The

trust
fund shall receive all amounts, subject to any provisions in bond
documents, received from the sale or lease of lands and facilities by
the department.

All
moneys in the trust fund
shall
be used by the department of mental health and addiction services to
pay for expenditures the department incurs in performing any of its
duties under this chapter
are
subject to appropriation by the general assembly or may be used with
the approval of the controlling board
.
The use of moneys in the trust fund pursuant to this section does not
represent an ongoing commitment to the continuation of the trust fund
or to the use of moneys in the trust fund.

Sec.
5119.47.
The
director of
mental

behavioral

health

and
addiction services
shall
administer the problem casino gambling and addictions fund. The
director shall use the money in the fund to support gambling
addiction services, alcohol and drug addiction services, other
services that relate to gambling addiction and substance abuse, and
research that relates to gambling addiction and substance abuse.
Treatment and prevention services supported by money in the fund
under this section shall be services that are certified by the
department of
mental

behavioral

health

and
addiction services
.

The
director shall prepare an annual report describing the use of the
fund for these purposes. The director shall submit the report to the
Ohio casino control commission, the speaker and minority leader of
the house of representatives, the president and minority leader of
the senate, and the governor.

Sec.
5119.48.
(A)
The department of
mental

behavioral

health

and
addiction services
shall
create the all roads lead to home program. The program shall include
all of the following initiatives:

(1)
A media campaign. As part of the campaign, the department shall
develop public service announcements and shall make the announcements
available to television and radio media outlets. The announcements
shall be made available beginning on January 1, 2018
,
and
.
Thereafter, the announcements shall be made
at
least twice annually, once between January and March of each year,
and once in September of each year as part of national recovery
month.

(2)
A web site
as

that
meets the requirements
described
in division (C) of this section;

(3)
A twenty-four-hour hotline, that is operated by a call center, for
the purpose of helping individuals access addiction services.

(B)
The media campaign described in division (A)(1) of this section shall
do all of the following:

(1)
Include messages to reduce the stigma associated with seeking help
for drug addiction;

(2)
Provide directions for people who are in need of drug addiction
assistance to a web-based location that includes all of the
following:

(a)
Information on where to find help for drug addiction;

(b)
Information on intervention and referral options;

(c)
Contact information for
county
board
boards
of alcohol,
drug
addiction

assistance
authorities
,
and mental health services
.

(3)
Prioritize its efforts in media markets that have the highest rates
of drug overdose deaths in this state;

(4)
Utilize television and radio public service announcements provided to
media outlets, as well as internet advertising models such as
low-cost social media outlets.

(C)
Before January 1, 2018,
for
purposes of division (A)(2) of this section,
the
department shall create a web site
as
described in division (A)(2) of this section
that

is
interactive and
offers
all of the following components:

(1)
If reasonably available for use, an evidence-based self-reporting
screening tool approved by the department's medical director;

(2)
Community detoxification and withdrawal management options and
community treatment options;

(3)
A searchable database of certified substance abuse providers
organized by zip code;

(4)
Information on recovery supports, including recovery housing
residences;

(5)
Clinical information regarding what a person may expect during
detoxification, withdrawal, and treatment.

(D)
The department may contract with private vendors for the creation and
maintenance of the
interactive

web
site described in division (C) of this section.

Sec.
5119.49.
(A)
The director of
mental

behavioral

health

and
addiction services
shall
collaborate with the state board of pharmacy and attorney general in
the establishment and administration of a drug take-back program, as
provided under section 4729.69 of the Revised Code.

(B)
The department may accept grants, gifts, or donations for purposes of
the program. Money received under this division shall be deposited
into the drug take-back program fund established under section 109.90
of the Revised Code.

Sec.
5119.50.
The
director of
mental

behavioral

health

and
addiction services
may
accept, hold, and administer in trust on behalf of the state, if it
is for the public interest, any grant, gift, devise, or bequest of
money or property made to the state for the use or benefit of any
institution described in section 5119.14 of the Revised Code or for
the use and benefit of persons with mental illnesses under its
control. If the trust so provides, the money or property may be used
for any work which the department of
mental

behavioral

health

and
addiction services
is
authorized to undertake.

The
department shall keep such gift, grant, devise, or bequest as a
distinct property or fund and, if it is in money, shall invest it in
the manner provided by law. The department may deposit in a proper
trust company or savings bank any money left in trust during a
specified life or lives and shall adopt rules governing the deposit,
transfer, withdrawal, or investment of such money and the income
thereof.

The
department shall, in the manner prescribed by the director of budget
and management pursuant to section 126.21 of the Revised Code,
account for all money or property received or expended under this
section. The records, together with a statement certified by the
depository showing the funds deposited there to the credit of the
trust, shall be open to public inspection. The director of budget and
management may require the department to file a report with the
director on any particular portion, or the whole, of any trust
property received or expended by it.

The
department shall, upon the expiration of any trust according to its
terms, dispose of the funds or property held thereunder in the manner
provided in the instrument creating the trust. If the instrument
creating the trust failed to make any terms of disposition, or if no
trust was in evidence, then the decedent patient's money, saving or
commercial deposits, dividends or distributions, bonds, or any other
interest-bearing debt certificate or stamp issued by the United
States government shall escheat to the state. All such unclaimed
intangible personal property of a former patient shall be retained by
the managing officer in such institution for the period of one year,
during which time every possible effort shall be made to find such
former patient or the former patient's legal representative.

If,
after a period of one year from the time the patient has left the
institution or has died, the managing officer has been unable to
locate such person or the person's legal representative, then upon
proper notice of such fact the director shall at that time formulate
in writing a method of disposition on the minutes of the department
authorizing the managing officer to convert such intangible personal
property to cash to be paid into the state treasury to the credit of
the general revenue fund.

The
department shall include in its annual report a statement of all
money and property and the terms and conditions relating thereto.

Sec.
5119.51.
(A)
As used in this section, "supplemental services" has the
same meaning as in section 5815.28 of the Revised Code.

(B)
There is hereby created in the state treasury the services fund for
individuals with mental illness. On the death of the beneficiary of a
trust created pursuant to section 5815.28 of the Revised Code, the
portion of the remaining assets of the trust specified in the trust
instrument shall be deposited to the credit of the fund. Money
credited to the fund shall be used for individuals with mental
illness.

Supplemental
services may be provided through the department or boards of alcohol,
drug addiction, and mental health services. In accordance with
Chapter 119. of the Revised Code, the department of
mental

behavioral

health

and
addiction services
may
adopt any rules necessary to implement this section.

Sec.
5119.52.
Each
managing officer of an institution under the jurisdiction of the
department of
mental

behavioral

health

and
addiction services
as
described in section 5119.14 of the Revised Code, with the approval
of the director of
mental

behavioral

health

and
addiction services
,
may establish local institution funds designated as follows:

(A)
Industrial and entertainment fund created and maintained for the
entertainment and welfare of the patients of the institution. The
director shall establish rules for the operation of the industrial
and entertainment fund.

(B)
Commissary fund created and maintained for the benefit of patients in
the institution. Commissary revenue over and above operating costs
and reserve shall be considered profits. All profits from the
commissary fund operations shall be paid into the industrial and
entertainment fund and used only for the entertainment and welfare of
patients. The director shall establish rules for the operation of the
commissary fund.

Sec.
5119.54.
The
treasurer of state shall have charge of all funds under the
jurisdiction of the department of
mental

behavioral

health

and
addiction services
and
shall pay out the same only in accordance with this chapter.

The
department shall cause to be furnished a contract of indemnity to
cover all funds received by it or by its managing officers,
employees, or agents while the funds are in the possession of such
managing officers, employees or agents. Such funds are designated as
follows:

(A)
Funds which are due and payable to the treasurer of state as provided
by Chapter 131. of the Revised Code;

(B)
Those funds which are held in trust by the managing officers,
employees, or agents of the institution as local funds or accounts
under the jurisdiction of the department.

Such
contract of indemnity shall be made payable to the state and the
premium for such contract of indemnity may be paid from any of the
moneys received for the use of the department under this chapter and
Chapters 5121. and 5122. of the Revised Code.

Funds
collected from various sources, such as the sale of goods, and all
miscellaneous articles, shall be transmitted on or before Monday of
each week to the treasurer of state and a detailed statement of such
collections shall be made to the department.

Sec.
5119.55.
The
department of
mental

behavioral

health

and
addiction services
may
pay an amount for personal use to each individual residing in a state
institution as described in section 5119.14 of the Revised Code who
would be eligible for supplemental security income benefits at the
reduced rate established by Title XVI of the "Social Security
Act," 42 U.S.C. 1381 et seq., if the medicaid program covers
services provided in such institutions. The amount paid by the
department shall not exceed the reduced supplemental security income
benefit rate established by Title XVI of the "Social Security
Act."

Sec.
5119.56.
Money
or property deposited with managing officers of institutions under
the jurisdiction of the department of
mental

behavioral

health

and
addiction services
by
any patient under the department's control or by relatives,
guardians, conservators, and others for the special benefit of such
patient, as well as all other funds and all other income paid to the
patient, the patient's estate, or on the patient's behalf, or paid to
the managing officer or to the institution as representative payee or
otherwise paid on the patient's behalf, shall remain in the hands of
such officers in appropriate accounts for use accordingly. The
managing officer shall keep itemized book accounts of the receipt and
disposition of such money and property, which book shall be open at
all times to the inspection of the department. The director of
mental

behavioral

health

and
addiction services
shall
adopt rules governing the deposit, transfer, withdrawal, or
investment of the funds and the income thereof, as well as rules
under which such funds and income shall be paid by managing officers
for the support of the patients pursuant to Chapter 5121. of the
Revised Code, or for their other needs.

Whenever
any patient confined in any state institution subject to the
jurisdiction of the department dies, escapes, or is discharged from
such institution, and any personal funds of such person remain in the
hands of the managing officer thereof and no demand for such funds is
made upon such managing officer by the owner of the funds or the
owner's legally appointed representative, the managing officer shall
hold the funds in the personal deposit fund for a period of at least
one year during which time the managing officer shall make every
effort possible to locate the owner or the owner's legally appointed
representative.

If
at the end of this period no demand has been made for the funds, the
managing officer shall dispose of the funds as follows:

(A)
All money in a personal deposit fund in excess of ten dollars due for
the support of a patient shall be paid in accordance with the
provisions of Chapter 5121. of the Revised Code.

(B)
All money in a personal deposit fund in excess of ten dollars not due
for the support of a patient shall be placed to the credit of the
institution's local account designated as the "industrial and
entertainment" fund.

(C)
The first ten dollars to the credit of a patient shall be placed to
the credit of the institution's local account designated as the
"industrial and entertainment" fund.

Whenever
any patient in any state institution subject to the jurisdiction of
the department dies, escapes, or is discharged from such institution,
and any personal effects of such person remain in the hands of the
managing officer thereof, and no demand is made upon such managing
officer by the owner of the property or the owner's legally appointed
representative, the managing officer shall hold and dispose of such
property in the following manner.

All
the miscellaneous personal effects shall be held for a period of at
least one year, during which time the managing officer shall make
every effort possible to locate the owner or the owner's legal
representative. If at the end of this period, no demand has been made
by the owner of the property or the owner's legal representative, the
managing officer shall file with the county recorder of the county of
commitment of such owner, all deeds, wills, contract mortgages, or
assignments. The balance of the personal effects shall be sold at
public auction after being duly advertised, and the funds turned over
to the treasurer of state for credit to the general revenue fund. If
any of the property is not of a type to be filed with the county
recorder and is not salable at public auction, then the managing
officer of the institution shall destroy such property.

Sec.
5119.60.
The
department of
mental

behavioral

health

and
addiction services
shall
submit an annual report to the governor that shall describe the
services the department offers and how appropriated funds have been
spent. The report shall include all of the following:

(A)
The utilization of state hospitals by each alcohol, drug addiction,
and mental health service district;

(B)
The number of persons served by community addiction services
providers that receive funds distributed by the department, with a
breakdown into categories including age, sex, race, the type of drug
to which the person is addicted, and any other categories the
director of
mental

behavioral

health

and
addiction services
considers
significant;

(C)
The number of persons with severe mental disabilities served in each
district;

(D)
The number and types of addiction services, mental health services,
and recovery supports provided to persons with severe mental
disabilities through state-operated services, community addiction
services providers, and community mental health services providers;

(E)
A report measuring the success of community addiction services
providers, based on the measures for accountability developed by the
department, including the percentage of persons served by such
community addiction services providers who have not relapsed;

(F)
Any other information that the director considers significant or is
requested by the governor.

Sec.
5119.61.
(A)
The department of
mental

behavioral

health

and
addiction services
shall
collect and compile statistics and other information on the care and
treatment of persons with mental disabilities, and the care,
treatment, and rehabilitation of persons with alcohol use disorder,
persons with drug dependencies, persons in danger of drug dependence,
and persons with or in danger of developing a gambling addiction in
this state. The information shall include, without limitation,
information on the number of such persons, the type of drug involved,
if any, the type of care, treatment, or rehabilitation prescribed or
undertaken, and the success or failure of the care, treatment, or
rehabilitation. The department shall collect information about
addiction services, mental health services, and recovery supports
delivered and persons served as required for reporting and evaluation
relating to state and federal funds expended for such purposes.

(B)
No community addiction services provider or community mental health
services provider shall fail to supply statistics and other
information within its knowledge and with respect to its addiction
services, mental health services, and recovery supports upon request
of the department.

(C)
Communications by a person seeking aid in good faith for alcohol use
disorder or drug dependence are confidential, and this section does
not require the collection or permit the disclosure of information
which reveals or comprises the identity of any person seeking aid.

(D)
Based on the information collected and compiled under division (A) of
this section, the department shall develop a project to assess the
outcomes of persons served by community addiction services providers
and community mental health services providers that receive funds
distributed by the department.

(E)
The director of
mental

behavioral

health

and
addiction services
may
fine a community addiction services provider or community mental
health services provider for violating division (B) of this section.
In determining whether to impose a fine, the director shall consider
whether the provider has engaged in a pattern of noncompliance. If a
fine is imposed, it shall be one thousand dollars for a first failure
to comply with division (B) of this section and two thousand dollars
for each subsequent failure. The director's actions in imposing a
fine shall be taken in accordance with Chapter 119. of the Revised
Code.

All
fines collected under this division shall be deposited in the state
treasury to the credit of the department's statewide treatment and
prevention fund created by section 4301.30 of the Revised Code.

Sec.
5119.71.
Pursuant
to Article X of the compact set forth in section 5119.70 of the
Revised Code, the director of
mental

behavioral

health

and
addiction services
and
the director of developmental disabilities each shall designate an
officer who shall be the compact administrator for the department and
who, acting jointly with like officers of other party states, shall
adopt rules to carry out more effectively the terms of the compact.
The compact administrators of each department shall serve subject to
the pleasure of the governor and shall cooperate with all
departments, agencies, and officers of and in the government of this
state and its subdivisions in facilitating the proper administration
of the compact or of any supplementary agreements entered into by
this state thereunder.

Sec.
5119.82.
There
is hereby established a 9-8-8 administrator within the department of

mental

behavioral

health

and
addiction services
to
oversee the administration of the 9-8-8 suicide prevention and mental
health crisis hotline system statewide.

Sec.
5119.85.
(A)
As used in this section, "telephone company" has the same
meaning as in section 128.01 of the Revised Code.

(B)
Except for willful or wanton misconduct, a telephone company
,
a provider of interconnected voice over internet protocol service,

and any other installer, maintainer, or provider, through the sale or
otherwise, of customer premises equipment, or service used for or
with the 9-8-8 hotline, and their respective officers, directors,
employees, agents, suppliers, corporate parents, and affiliates are
not liable in damages in a civil action for injuries, death or loss
to persons or property incurred by any person resulting from such an
entity's or its officers', directors', employees', agents', or
suppliers' participation in or acts or omissions in connection with
participating in or developing, maintaining, or operating the 9-8-8
hotline.

Sec.
5119.89.
The
director of
mental

behavioral

health

and
addiction services
shall
consult with the superintendent of insurance as required by section
3901.90 of the Revised Code to develop consumer and payer education
on
mental

behavioral

health

and
addiction services
insurance
parity and establish and promote a consumer hotline to collect
information and help consumers understand and access their insurance
benefits.

The
department of
mental

behavioral

health

and
addiction services
and
the department of insurance shall jointly report annually on the
departments' efforts, which shall include information on consumer and
payer outreach activities and identification of trends and barriers
to access and coverage in this state. The departments shall submit
the report to the general assembly, the joint medicaid oversight
committee, and the governor, not later than the thirtieth day of
January of each year.

Sec.
5119.90.
As
used in sections 5119.90 to 5119.98 of the Revised Code:

(A)
"Alcohol and other drug abuse" means alcohol use disorder
or drug addiction.

(B)
"Another drug" means a controlled substance as defined in
section 3719.01 of the Revised Code or a harmful intoxicant as
defined in section 2925.01 of the Revised Code.

(C)
"Board of alcohol, drug addiction, and mental health services"
means a board of alcohol, drug addiction, and mental health services
established under section 340.02 or 340.021 of the Revised Code.

(D)
"Danger" or "threat of danger to self, family, or
others" means substantial physical harm or threat of substantial
physical harm upon self, family, or others.

(E)
"Hospital" has the same meaning as in section 3701.01 or
3727.01 of the Revised Code but does not include either a hospital
operated by the department of
mental

behavioral

health

and
addiction services
or
an inpatient unit licensed by the department.

(F)
"Intoxicated" means being under the influence of alcohol,
another drug, or both alcohol and another drug and, as a result,
having a significantly impaired ability to function.

(G)
"Petitioner" means a person who institutes a proceeding
under sections 5119.91 to 5119.98 of the Revised Code.

(H)
"Probate court" means the probate division of the court of
common pleas.

(I)
"Qualified health professional" means a person that is
properly credentialed or licensed to conduct a drug and alcohol
assessment and diagnosis under Ohio law.

(J)
"Residence" means the legal residence of a person as
determined by applicable principles governing conflicts of law.

(K)
"Respondent" means a person alleged in a petition filed or
hearing under sections 5119.91 to 5119.98 of the Revised Code to be a
person who is experiencing alcohol and other drug abuse and who may
be ordered under those sections to undergo treatment.

(L)
"Treatment" means services and programs for the care and
rehabilitation of intoxicated persons and persons experiencing
alcohol and other drug abuse. "Treatment" includes
residential treatment, a halfway house setting, and an intensive
outpatient or outpatient level of care.

Sec.
5119.99.
(A)
Whoever violates section 5119.333 of the Revised Code is guilty of a
misdemeanor of the first degree.

(B)
Whoever violates section 5119.27 or 5119.28, division
(P)
(O)

of section 5119.36, or division (A)(1) or (2) of section 5119.37 of
the Revised Code is guilty of a felony of the fifth degree.

Sec.
5120.034.
(A)(1)
The department of rehabilitation and correction shall permit
representatives of all nonprofit faith-based, business, professional,
civic, educational, and community organizations that are registered
with the department to enter institutions under the control of the
department for the purpose of providing reentry services to inmates.
Reentry services may include, but are not limited to, counseling,
housing, job-placement, and money-management assistance.

(2)
The department shall adopt rules pursuant to Chapter 119. of the
Revised Code for the screening and registration of nonprofit
faith-based, business, professional, civic, educational, and
community organizations that apply to provide reentry services in
institutions under the department's control.

(B)(1)
The department shall post a department telephone number on the
department's official internet web site that nonprofit faith-based,
business, professional, civic, educational, and community
organizations that wish to provide reentry services to inmates may
call to obtain information. The internet web site also shall list all
of the nonprofit faith-based, business, professional, civic,
educational, and community organizations that are registered with the
department under this section.

(2)
The department shall actively recruit nonprofit faith-based,
business, professional, civic, educational, and community
organizations to provide reentry services in institutions under the
department's control. The department shall recruit nonprofit
organizations from all faiths and beliefs.

(C)
Annually, the department shall issue a written report on the
department's progress in implementing the recommendations of the
correctional faith-based initiatives task force. The department shall
provide a copy of the written report to
each
member of the correctional institution inspection committee created
under section 103.71 of the Revised Code
the
general assembly in accordance with section 101.68 of the Revised
Code
.

(D)
The department shall not endorse or sponsor any faith-based reentry
program or endorse any specific religious message. The department may
not require an inmate to participate in a faith-based program.

Sec.
5120.035.
(A)
As used in this section:

(1)
"Community treatment provider" means a program that
provides substance use disorder assessment and treatment for persons
and that satisfies all of the following:

(a)
It is located outside of a state correctional institution.

(b)
It shall provide the assessment and treatment for qualified prisoners
referred and transferred to it under this section in a suitable
facility that is licensed pursuant to division
(C)

(D)

of
section 2967.14 of the Revised Code.

(c)
All qualified prisoners referred and transferred to it under this
section shall reside initially in the suitable facility specified in
division (A)(1)(b) of this section while undergoing the assessment
and treatment.

(2)
"Electronic monitoring device" has the same meaning as in
section 2929.01 of the Revised Code.

(3)
"State correctional institution" has the same meaning as in
section 2967.01 of the Revised Code.

(4)
"Qualified prisoner" means a person who satisfies all of
the following:

(a)
The person is confined in a state correctional institution under a
prison term imposed for a felony of the third, fourth, or fifth
degree that is not an offense of violence.

(b)
The department of rehabilitation and correction determines, using a
standardized assessment tool, that the person has a substance use
disorder.

(c)
The person has not more than twelve months remaining to be served
under the prison term described in division (A)(4)(a) of this
section.

(d)
The person is not serving any prison term other than the term
described in division (A)(4)(a) of this section.

(e)
The person is eighteen years of age or older.

(f)
The person does not show signs of drug or alcohol withdrawal and does
not require medical detoxification.

(g)
As determined by the department of rehabilitation and correction, the
person is physically and mentally capable of uninterrupted
participation in the substance use disorder treatment program
established under division (B) of this section.

(B)
The department of rehabilitation and correction shall establish and
operate a program for community-based substance use disorder
treatment for qualified prisoners. The purpose of the program shall
be to provide substance use disorder assessment and treatment through
community treatment providers to help reduce substance use relapses
and recidivism for qualified prisoners while preparing them for
reentry into the community and improving public safety.

(C)(1)
The department shall determine which qualified prisoners in its
custody should be placed in the substance use disorder treatment
program established under division (B) of this section. The
department has full discretion in making that determination. If the
department determines that a qualified prisoner should be placed in
the program, the department may refer the prisoner to a community
treatment provider the department has approved under division (E) of
this section for participation in the program and transfer the
prisoner from the state correctional institution to the provider's
approved and licensed facility. Except as otherwise provided in
division (C)(3) of this section, no prisoner shall be placed under
the program in any facility other than a facility of a community
treatment provider that has been so approved. If the department
places a prisoner in the program, the prisoner shall receive credit
against the prisoner's prison term for all time served in the
provider's approved and licensed facility and may earn days of credit
under section 2967.193 or 2967.194 of the Revised Code, but otherwise
neither the placement nor the prisoner's participation in or
completion of the program shall result in any reduction of the
prisoner's prison term.

(2)
If the department places a prisoner in the substance use disorder
treatment program, the prisoner does not satisfactorily participate
in the program, and the prisoner has not served the prisoner's entire
prison term, the department may remove the prisoner from the program
and return the prisoner to a state correctional institution.

(3)
If the department places a prisoner in the substance use disorder
treatment program and the prisoner is satisfactorily participating in
the program, the department may permit the prisoner to reside at a
residence approved by the department if the department determines,
with input from the community treatment provider, that residing at
the approved residence will help the prisoner prepare for reentry
into the community and will help reduce substance use relapses and
recidivism for the prisoner. If a prisoner is permitted under this
division to reside at a residence approved by the department, the
prisoner shall be monitored during the period of that residence by an
electronic monitoring device.

(D)(1)
When a prisoner has been placed in the substance use disorder
treatment program established under division (B) of this section,
before the prisoner is released from custody of the department upon
completion of the prisoner's prison term, the department shall
conduct and prepare an evaluation of the prisoner, the prisoner's
participation in the program, and the prisoner's needs regarding
substance use disorder treatment upon release. Before the prisoner is
released from custody of the department upon completion of the
prisoner's prison term, the parole board or the court acting pursuant
to an agreement under section 2967.29 of the Revised Code shall
consider the evaluation, in addition to all other information and
materials considered, as follows:

(a)
If the prisoner is a prisoner for whom post-release control is
mandatory under section 2967.28 of the Revised Code, the board or
court shall consider it in determining which post-release control
sanction or sanctions to impose upon the prisoner under that section.

(b)
If the prisoner is a prisoner for whom post-release control is not
mandatory under section 2967.28 of the Revised Code, the board or
court shall consider it in determining whether a post-release control
sanction is necessary and, if so, which post-release control sanction
or sanctions to impose upon the prisoner under that section.

(2)
If the department determines that a prisoner it placed in the
substance use disorder treatment program successfully completed the
program and successfully completed a term of post-release control, if
applicable, and if the prisoner submits an application under section
2953.32 or the prosecutor in the case submits an application under
section 2953.39 of the Revised Code for sealing or expungement of the
record of the conviction, the director may issue a letter to the
court in support of the application.

(E)(1)
The department shall accept applications from community treatment
providers that satisfy the requirement specified in division (E)(2)
of this section and that wish to participate in the substance use
disorder treatment program established under division (B) of this
section, and shall approve for participation in the program at least
four and not more than eight of the providers that apply. To the
extent feasible, the department shall approve one or more providers
from each geographical quadrant of the state.

(2)
Each community treatment provider that applies under division (E)(1)
of this section to participate in the program shall have the
provider's alcohol and drug addiction services that provide substance
use disorder treatment certified by the department of mental health
and addiction services under section 5119.36 of the Revised Code. A
community treatment provider is not required to have the provider's
halfway house or residential treatment certified by the department of
mental health and addiction services.

(F)
The department of rehabilitation and correction shall adopt rules for
the operation of the substance use disorder treatment program it
establishes under division (B) of this section and shall operate the
program in accordance with this section and those rules. The rules
shall establish, at a minimum, all of the following:

(1)
Criteria that establish which qualified prisoners are eligible for
the program;

(2)
Criteria that must be satisfied to transfer a qualified prisoner to a
residence pursuant to division (C)(3) of this section;

(3)
Criteria for the removal of a prisoner from the program pursuant to
division (C)(2) of this section;

(4)
Criteria for determining when an offender has successfully completed
the program for purposes of division (D)(2) of this section;

(5)
Criteria for community treatment providers to provide assessment and
treatment, including minimum standards for treatment.

Sec.
5120.16.
(A)
Persons sentenced to any institution, division, or place under the
control of the department of rehabilitation and correction are
committed to the control, care, and custody of the department.
Subject to division
(B)
(C)

of this section, the director of rehabilitation and correction or the
director's designee may direct that persons sentenced to the
department, or to any institution or place within the department,
shall be conveyed
by
the sheriff
initially
to an appropriate facility established and maintained by the
department
,
or committed electronically in accordance with division (B) of this
section,

for reception, examination, observation, and classification of the
persons so sentenced.
Prior
to removal of an individual on an out of jurisdiction detainer, the
sheriff shall convey the sentenced person to the department of
rehabilitation and correction or electronically commit the sentenced
person in accordance with division (B) of this section.

If
a presentence investigation report was not prepared pursuant to
section 2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2
regarding any person sentenced to the department or to any
institution or place within the department, the director or the
director's designee may order the department's field staff to conduct
an offender background investigation and prepare an offender
background investigation report regarding the person. The
investigation and report shall be conducted in accordance with
division (A) of section 2951.03 of the Revised Code and the report
shall contain the same information as a presentence investigation
report prepared pursuant to that section.

When
the examination, observation, and classification of the person have
been completed by the facility and a written report of the
examination, observation, and classification is filed with the
commitment papers, the director or the director's designee, subject
to division (B) of this section, shall assign the person to a
suitable state institution or place maintained by the state within
the director's department or shall designate that the person is to be
housed in a county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, if authorized by section
5120.161 of the Revised Code, there to be confined, cared for,
treated, trained, and rehabilitated until paroled, released in
accordance with section 2929.20, 2967.26, 2967.28, or 5120.036 of the
Revised Code, or otherwise released under the order of the court that
imposed the person's sentence. No person committed by a probate
court, a trial court pursuant to section 2945.40, 2945.401, or
2945.402 of the Revised Code subsequent to a finding of not guilty by
reason of insanity, or a juvenile court shall be assigned to a state
correctional institution.

If
a person is sentenced, committed, or assigned for the commission of a
felony to any one of the institutions or places maintained by the
department or to a county, multicounty, municipal, municipal-county,
or multicounty-municipal jail or workhouse, the department, by order
duly recorded and subject to division (B) of this section, may
transfer the person to any other institution, or, if authorized by
section 5120.161 of the Revised Code, to a county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or
workhouse.

(B)

An
agreement may be entered into between a court of common pleas and the
department of rehabilitation and correction under which persons may
be electronically committed to the department of rehabilitation and
correction.

(C)

If the case of a child who is alleged to be a delinquent child is
transferred for criminal prosecution to the appropriate court having
jurisdiction of the offense pursuant to section 2152.12 of the
Revised Code, if the child is convicted of or pleads guilty to a
felony in that case, if the child is sentenced to a prison term, as
defined in section 2901.01 of the Revised Code, and if the child is
under eighteen years of age when delivered to the custody of the
department of rehabilitation and correction, all of the following
apply regarding the housing of the child:

(1)
Until the child attains eighteen years of age, subject to divisions

(B)(2)
(C)(2)
,
(3), and (4) of this section, the department shall house the child in
a housing unit in a state correctional institution separate from
inmates who are eighteen years of age or older.

(2)
The department is not required to house the child in the manner
described in division
(B)(1)
(C)(1)

of this section if the child does not observe the rules and
regulations of the institution or the child otherwise creates a
security risk by being housed separately.

(3)
If the department receives too few inmates who are under eighteen
years of age to fill a housing unit in a state correctional
institution separate from inmates who are eighteen years of age or
older, as described in division
(B)(1)
(C)(1)

of this section, the department may house the child in a housing unit
in a state correctional institution that includes both inmates who
are under eighteen years of age and inmates who are eighteen years of
age or older and under twenty-one years of age.

(4)
Upon the child's attainment of eighteen years of age, the department
may house the child with the adult population of the state
correctional institution.

(C)
(D)

The director or the director's designee shall develop a policy for
dealing with problems related to infection with the human
immunodeficiency virus. The policy shall include methods of
identifying individuals committed to the custody of the department
who are at high risk of infection with the virus and counseling those
individuals.

Arrangements
for housing individuals diagnosed as having AIDS or an AIDS-related
condition shall be made by the department based on security and
medical considerations and in accordance with division
(B)
(C)

of this section, if applicable.

Sec.
5120.173.
Any
person who is required to report abuse or neglect of a child under
eighteen years of age that is reasonably suspected or believed to
have occurred or the threat of which is reasonably suspected or
believed to exist pursuant to division (A) of section 2151.421 of the
Revised Code, any person who is permitted to report or cause a report
to be made of reasonably suspected abuse or neglect of a child under
eighteen years of age pursuant to division (B) of that section, any
person who is required to report suspected abuse or neglect of a
person with a developmental disability pursuant to division (C) of
section 5123.61 of the Revised Code, and any person who is permitted
to report suspected abuse or neglect of a person with a developmental
disability pursuant to division (F) of that section and who makes or
causes the report to be made, shall direct that report to the state
highway patrol if the child or the person with a developmental
disability is an inmate in the custody of a state correctional
institution. If the state highway patrol determines after receipt of
the report that it is probable that abuse or neglect of the inmate
occurred, the patrol shall report its findings to the department of
rehabilitation and correction, to the court that sentenced the inmate
for the offense for which the inmate is in the custody of the
department, and to the
chairperson
and vice-chairperson of the correctional institution inspection
committee established by section 103.71 of the Revised Code
attorney
general
.

Sec.
5120.21.
(A)
The department of rehabilitation and correction shall keep in its
office, accessible only to its employees, except by the consent of
the department or the order of the judge of a court of record, and
except as provided in division (C) of this section, a record showing
the name, residence, sex, age, nativity, occupation, condition, and
date of entrance or commitment of every inmate in the several
institutions governed by it. The record also shall include the date,
cause, and terms of discharge and the condition of such person at the
time of leaving, a record of all transfers from one institution to
another, and, if such inmate is dead, the date and cause of death.
These and other facts that the department requires shall be furnished
by the managing officer of each institution within ten days after the
commitment, entrance, death, or discharge of an inmate.

(B)
In case of an accident or injury or peculiar death of an inmate, the
managing officer shall make a special report to the department within
twenty-four hours thereafter, giving the circumstances as fully as
possible.

(C)(1)
As used in this division, "medical record" means any
document or combination of documents that pertains to the medical
history, diagnosis, prognosis, or medical condition of a patient and
that is generated and maintained in the process of medical treatment.

(2)
A separate medical record of every inmate in an institution governed
by the department shall be compiled, maintained, and kept apart from
and independently of any other record pertaining to the inmate. Upon
the signed written request of the inmate to whom the record pertains
together with the written request of a person the inmate designates
who is either a licensed attorney at law or a licensed physician,
certified nurse-midwife, clinical nurse specialist, or certified
nurse practitioner, the department shall make the inmate's medical
record available to the designated attorney, physician, or nurse. The
record may be inspected or copied by the inmate's designated
attorney, physician, or nurse. The department may establish a
reasonable fee for the copying of any medical record. If a physician,
certified nurse-midwife, clinical nurse specialist, or certified
nurse practitioner concludes that presentation of all or any part of
the medical record directly to the inmate will result in serious
medical harm to the inmate, the physician or nurse shall so indicate
on the medical record. An inmate's medical record shall be made
available to a physician, certified nurse-midwife, clinical nurse
specialist, certified nurse practitioner, or attorney designated in
writing by the inmate not more than once every twelve months.

(D)

Except
as otherwise provided by a
Notwithstanding
any other
law
of this state or the United States

to
the contrary
,
the department and the officers of its institutions shall keep
confidential and accessible only to its employees, except by the
consent of the department or the order of a judge of a court of
record, all of the following:

(1)
Architectural, engineering, or construction diagrams, drawings, or
plans of a correctional institution;

(2)
Plans for hostage negotiation, for disturbance control, for the
control and location of keys, and for dealing with escapes;

(3)
Statements made by inmate informants;

(4)
Records that are maintained by the department of youth services, that
pertain to children in its custody, and that are released to the
department of rehabilitation and correction by the department of
youth services pursuant to section 5139.05 of the Revised Code;

(5)
Victim impact statements and information provided by victims of
crimes that the department considers when determining the security
level assignment, program participation, and release eligibility of
inmates;

(6)
Information and data of any kind or medium pertaining to groups that
pose a security threat;

(7)
Conversations recorded from the monitored inmate telephones that
involve nonprivileged communications.

(E)
(E)(1)
Records regarding inmates committed to the department of
rehabilitation and correction or records of persons under the
supervision of the adult parole authority are not public records
under section 149.43 of the Revised Code. Nothing in this division
prohibits the disclosure of the following information related to
inmates committed to the department of rehabilitation and correction:

(a)
Name;

(b)
Criminal convictions;

(c)
Photograph;

(d)
Supervision status, including current and past place of
incarceration;

(e)
Disciplinary history.

(2)

Except as otherwise provided by a law of this state or the United
States, the department of rehabilitation and correction may release
inmate records to the department of youth services or a court of
record, and the department of youth services or the court of record
may use those records for the limited purpose of carrying out the
duties of the department of youth services or the court of record.
Inmate records released by the department of rehabilitation and
correction to the department of youth services or a court of record
shall remain confidential and shall not be considered public records
as defined in section 149.43 of the Revised Code.

(F)
Except as otherwise provided in division (C) of this section, records
of inmates committed to the department of rehabilitation and
correction as well as records of persons under the supervision of the
adult parole authority shall not be considered public records as
defined in section 149.43 of the Revised Code.

Sec.
5120.51.
(A)(1)
If the director of rehabilitation and correction determines that a
bill introduced in the general assembly is likely to have
a
significant
more
than a de minimis
impact
on the population of, or the cost of operating, any or all state
correctional institutions under the administration of the department
of rehabilitation and correction, the department shall prepare a
population and cost impact statement for the bill, in accordance with
division (A)(2) of this section.

(2)
A population and cost impact statement required for a bill shall
estimate the increase or decrease in the correctional institution
population that likely would result if the bill were enacted, shall
estimate, in dollars, the amount by which revenues or expenditures
likely would increase or decrease if the bill were enacted, and
briefly shall explain each of the estimates.

A
population and cost impact statement required for a bill initially
shall be prepared after the bill is referred to a committee of the
general assembly in the house of origination but before the meeting
of the committee at which the committee is scheduled to vote on
whether to recommend the bill for passage. A copy of the statement
shall be distributed to each member of the committee that is
considering the bill and to the member of the general assembly who
introduced it. If the bill is recommended for passage by the
committee, the department shall update the statement before the bill
is taken up for final consideration by the house of origination. A
copy of the updated statement shall be distributed to each member of
that house and to the member of the general assembly who introduced
the bill. If the bill is passed by the house of origination and is
introduced in the second house, the provisions of this division
concerning the preparation, updating, and distribution of the
statement in the house of origination also apply in the second house.

(B)
The governor or any member of the general assembly, at any time, may
request the department to prepare a population and cost impact
statement for any bill introduced in the general assembly. Upon
receipt of a request, the department promptly shall prepare a
statement that includes the estimates and explanations described in
division (A)(2) of this section and present a copy of it to the
governor or member who made the request.

(C)
In the preparation of a population and cost impact statement required
by division (A) or (B) of this section, the department shall use a
technologically sophisticated system capable of estimating future
state correctional institution populations. The system shall have the
capability to adjust its estimates based on actual and proposed
changes in sentencing laws and trends, sentence durations, parole
rates, crime rates, and any other data that affect state correctional
institution populations. The department, in conjunction with the
advisory committee appointed under division (E) of this section,
shall review and update the data used in the system, not less than
once every six months, to improve the accuracy of the system.

(D)
At least once every six months, the department shall provide
,

to the
correctional
institution inspection committee
chairperson
of the committee in each house that primarily handles criminal
justice matters,
a
copy of the estimates of state correctional institution populations
obtained through use of the system described in division (C) of this
section and a description of the assumptions regarding sentencing
laws and trends, sentence durations, parole rates, crime rates, and
other relevant data that were made by the department to obtain the
estimates. Additionally, a copy of the estimates and a description of
the assumptions made to obtain them shall be provided, upon
reasonable request, to
other

legislative
staff, including the staff of the legislative service commission, to
the office of budget and management, and to the division of criminal
justice services in the department of public safety.

(E)
The
correctional
institution inspection committee
attorney
general
shall
appoint an advisory committee to review the operation of the system
for estimating future state correctional institution populations that
is used by the department in the preparation of population cost
impact statements pursuant to this section and to join with the
department in its reviews and updating of the data used in the system
under division (C) of this section. The advisory committee shall be
comprised of at least one prosecuting attorney, at least one common
pleas court judge, at least one public defender,
at
least one person who is a member or staff employee of the
committee
the
attorney general or a representative of the attorney general
,
and at least one representative of the division of criminal justice
services in the department of public safety.

Sec.
5121.30.
As
used in sections 5121.30 to 5121.56 of the Revised Code:

(A)
"Countable assets" means all of the following:

(1)
Cash;

(2)
Bank deposits;

(3)
Securities;

(4)
Individual retirement accounts;

(5)
Qualified employer plans, including 401(k) and Keogh plans;

(6)
Annuities;

(7)
Funds in a trust created under section 5815.28 of the Revised Code;

(8)
Investment property and income;

(9)
The cash surrender values of life insurance policies;

(10)
Assets acquired by gift, bequest, devise, or inheritance;

(11)
Any other asset determined by the department of mental health and
addiction services to be equivalent to the assets enumerated in this
division.

(B)
"Federal poverty level" or "FPL" means the income
level represented by the poverty guidelines as revised annually by
the United States department of health and human services in
accordance with section 673(2) of the "Omnibus Reconciliation
Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a
family size equal to the size of the family of the person whose
income is being determined.

(C)
"Federal poverty guidelines" means the poverty guidelines
as revised annually by the United States department of health and
human services in accordance with section 673(2) of the "Omnibus
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.
9902, as amended, for a family size equal to the size of the family
of the person whose income is being determined.

(D)
"Hospital" means an institution, hospital, or other place
established, controlled, or supervised by the department of mental
health and addiction services under Chapter 5119. of the Revised
Code
,
except when otherwise described only as a hospital operated by the
department
.

(E)
"Liable relative" means all of the following:

(1)
A patient's spouse;

(2)
A patient's mother or father, or both, if the patient is under
eighteen years of age;

(3)
A patient's guardian.

(F)
"Patient" means a person admitted to a hospital for
inpatient care or treatment, including a person transferred to a
hospital from a state correctional institution or a person under
indictment or conviction who has been transferred to a hospital.

Sec.
5121.32.
On
an annual basis, the department of mental health and addiction
services shall determine both of the following using generally
accepted governmental accounting principles:

(A)
The
applicable

per
diem charge for each hospital operated by the department;

(B)
The ancillary per diem rate for each hospital operated by the
department.

In
determining a hospital's
applicable

per
diem charge and ancillary per diem rate, the department shall
consider the average actual per diem cost of maintaining and treating
a patient at the hospital or, at the department's discretion, the
average actual per diem cost of maintaining and treating a patient in
a unit of the hospital.

Sec.
5121.33.
(A)

Except
as provided in sections 5121.35, 5121.43, 5121.46, 5121.47, 5121.49,
and 5121.52 of the Revised Code, the department of mental health and
addiction services shall, for each billing cycle, charge a patient,
patient's estate, or liable relative
an
amount equal to the sum of the following:

(A)
The applicable per diem charge multiplied
the
amount calculated under division (B) of this section for care and
treatment the patient receives in a hospital operated by the
department.

(B)
The amount to be charged under division (A) of this section shall be
calculated by multiplying the hospital's per diem charge or ancillary
per diem rate determined under section 5121.32 of the Revised Code,
whichever the department determines applies,
by
the number of days the patient was admitted to the hospital
;

(B)
An amount that was previously billed but not paid

during
the period that is covered by the billing cycle
.

Sec.
5121.34.
(A)
A patient, patient's estate, and patient's liable relatives shall be
jointly and severally liable for amounts charged by the department of
mental health and addiction services in accordance with section
5121.33 or 5121.35 of the Revised Code. In no case shall any of the
foregoing persons be liable for more than one hundred per cent of the
full
sum

amount

charged
under section 5121.33 of the Revised Code.

(B)
Collections of support payments shall be made by the department and,
subject to meeting prior requirements for payment and crediting of
such collections and other available receipts, in accordance with the
bond proceedings applicable to obligations issued pursuant to section
154.20 of the Revised Code. The collections and other available
receipts designated by the director of mental health and addiction
services for deposit in the special accounts, together with insurance
contract payments provided for in section 5121.43 of the Revised
Code, shall be remitted to the treasurer of state for deposit in the
state treasury to the credit of the mental health operating fund,
which is hereby created, to be used for the general purposes of the
department. The department shall make refunds of overpayment of
support charges from the mental health operating fund.

Sec.
5121.41.
(A)
If the assets of a patient, patient's estate, or liable relative do
not exceed the countable asset limit in section 5121.40 of the
Revised Code and the annual income of the patient, estate, or
relative does not exceed four hundred per cent of the federal poverty
level, the patient, estate, or relative shall be charged an amount
discounted from the amount the department charges under section
5121.33 of the Revised Code for the first thirty days the patient is
admitted as an inpatient in a hospital and for which the patient is
liable for the cost of care. The amount of the discount shall be
computed according to the following schedule:

Annual
Gross Income

Expressed
as a Percentage of FPL

1

2

3

4

5

6

7

A

Inpatient
Days at a Hospital

0
- 175

176
- 199

200
- 249

250
- 299

300
- 349

350
- 400

Percentage
discount from charged amount

1

2

3

4

5

6

7

A

1
- 14

100

90

70

50

30

10

B

15
- 30

100

95

75

55

35

15

(B)
A patient, estate, or relative who is charged a discounted amount for
the first thirty days the patient is admitted as an inpatient and who
has an annual income not greater than one hundred seventy-five per
cent of the federal poverty level shall not be charged for the days
the patient is admitted beyond the thirtieth day.

(C)
A patient, estate, or relative who is charged a discounted amount for
the first thirty days the patient is admitted as an inpatient and who
has an annual income greater than one hundred seventy-five per cent
of the federal poverty level shall be charged an amount equal to the
sum of the following for the days the patient is admitted beyond the
thirtieth day:

(1)
The ancillary per diem rate
that
applies to the hospital, as determined under section 5121.32 of the
Revised Code,
multiplied
by the number of days the patient was admitted to the hospital;

(2)
An amount that was previously charged but not paid.

Sec.
5121.43.
(A)

If
a patient is covered by an insurance policy or other contract that
provides for payment of expenses for care and treatment for mental
illness at or from a hospital
under
the jurisdiction of
operated
by
the
department of mental health and addiction services,
sections
5121.33 to 5121.55 of the Revised Code are inapplicable to the extent
that the policy or contract is in force. Any insurance carrier or
other third party payor providing coverage for such care and
treatment shall pay for the patient's support obligation in amounts
equal to the lesser of amounts charged by the department under
section 5121.33 of the Revised Code or the benefits provided under
the policy or other contract. Whether or not an insured, owner of, or
other person having an interest in such policy or other contract is
liable for support payments, the
all
of the following apply with respect to the amount owed to the
department for such care and treatment:

(1)
The
insured,
policy owner, or other person
having
an interest in the policy or other contract
shall
assign payment directly to the department of all assignable benefits
under the policy or other contract and shall pay to the department,
within ten days of receipt, all insurance or other benefits received
as reimbursement or payment for expenses incurred by the patient or
for any other reason.

If
the insured, policy owner, or other person refuses to assign payment
to the department or refuses to pay received reimbursements or
payments to the department within ten days of receipt, the total
liability of the insured, policy owner, or other person for the
services is an amount equal to the per diem charge for the hospital
where the patient was admitted multiplied by the number of days the
patient was admitted.

(2)(a)
Regardless of the coverage provided by the policy or other contract,
the patient, patient's estate, or patient's liable relative is liable
to the department for the actual cost of care and treatment
calculated under section 5121.33 of the Revised Code.

(b)
If the amount the department receives through the assignment of
benefits, as required by division (A)(1) of this section, is less
than the actual cost of care and treatment that is calculated under
section 5121.33 of the Revised Code, the department shall charge the
patient, patient's estate, or liable relative the lesser of the
following:

(i)
The amount calculated under section 5121.33 of the Revised Code that
remains after subtracting the amount the department receives through
the assignment of benefits;

(ii)
The amount calculated under section 5121.33 of the Revised Code that
applies after the department takes into consideration the exceptions
described in sections 5121.35, 5121.46, 5121.47, 5121.49, and 5121.52
of the Revised Code.

(3)

In
no event shall
this
total
a
patient, patient's estate, or liable relative have
liability

exceed

under
this section for an amount that exceeds either, as the case may be,

the
department's actual cost of providing care and treatment to a patient

calculated
under section 5121.33 of the Revised Code or the amount that is
charged under division (A)(2)(b) of this section
.

(B)
With respect to the requirements of division (A)(1) of this section,
both of the following apply:

(1)

The
department may disqualify patients and liable relatives who have

failed
to assign benefits in accordance with division (A)(1) of this
section, and
retained
third party funds
,

from future discounts

that
otherwise may have been available
.

(2)

The
department may request that the attorney general petition a court of
competent jurisdiction to compel
the

an

insured,

policy

owner

of
,
or other person having an interest in the policy or
other

contract
to comply with the assignment requirements
in

of
division (A)(1) of
this
section.

Sec.
5122.01.
As
used in this chapter and Chapter 5119. of the Revised Code:

(A)
"Mental illness" means a substantial disorder of thought,
mood, perception, orientation, or memory that grossly impairs
judgment, behavior, capacity to recognize reality, or ability to meet
the ordinary demands of life.

(B)
"Person with a mental illness subject to court order" means
a person with a mental illness who, because of the person's illness:

(1)
Represents a substantial risk of physical harm to self as manifested
by evidence of threats of, or attempts at, suicide or serious
self-inflicted bodily harm;

(2)
Represents a substantial risk of physical harm to others as
manifested by evidence of recent homicidal or other violent behavior,
evidence of recent threats that place another in reasonable fear of
violent behavior and serious physical harm, or other evidence of
present dangerousness;

(3)
Represents a substantial and immediate risk of serious physical
impairment or injury to self as manifested by evidence that the
person is unable to provide for and is not providing for the person's
basic physical needs because of the person's mental illness and that
appropriate provision for those needs cannot be made immediately
available in the community;

(4)
Would benefit from treatment for the person's mental illness and is
in need of such treatment as manifested by evidence of behavior that
creates a grave and imminent risk to substantial rights of others or
the person;

(5)(a)
Would benefit from treatment as manifested by evidence of behavior
that indicates all of the following:

(i)
The person is unlikely to survive safely in the community without
supervision, based on a clinical determination.

(ii)
The person has a history of lack of compliance with treatment for
mental illness and one of the following applies:

(I)
At least twice within the thirty-six months prior to the filing of an
affidavit seeking court-ordered treatment of the person under section
5122.111 of the Revised Code, the lack of compliance has been a
significant factor in necessitating hospitalization in a hospital or
receipt of services in a forensic or other mental health unit of a
correctional facility, provided that the thirty-six-month period
shall be extended by the length of any hospitalization or
incarceration of the person that occurred within the thirty-six-month
period.

(II)
Within the forty-eight months prior to the filing of an affidavit
seeking court-ordered treatment of the person under section 5122.111
of the Revised Code, the lack of compliance resulted in one or more
acts of serious violent behavior toward self or others or threats of,
or attempts at, serious physical harm to self or others, provided
that the forty-eight-month period shall be extended by the length of
any hospitalization or incarceration of the person that occurred
within the forty-eight-month period.

(iii)
The person, as a result of the person's mental illness, is unlikely
to voluntarily participate in necessary treatment.

(iv)
In view of the person's treatment history and current behavior, the
person is in need of treatment in order to prevent a relapse or
deterioration that would be likely to result in substantial risk of
serious harm to the person or others.

(b)
An individual who meets only the criteria described in division
(B)(5)(a) of this section is not subject to hospitalization.

(C)(1)
"Patient" means, subject to division (C)(2) of this
section, a person who is admitted either voluntarily or involuntarily
to a hospital or other place under section 2945.39, 2945.40,
2945.401, or 2945.402 of the Revised Code subsequent to a finding of
not guilty by reason of insanity or incompetence to stand trial or
under this chapter, who is under observation or receiving treatment
in such place.

(2)
"Patient" does not include a person admitted to a hospital
or other place under section 2945.39, 2945.40, 2945.401, or 2945.402
of the Revised Code to the extent that the reference in this chapter
to patient, or the context in which the reference occurs, is in
conflict with any provision of sections 2945.37 to 2945.402 of the
Revised Code.

(D)
"Licensed physician" means a person licensed under the laws
of this state to practice medicine or a medical officer of the
government of the United States while in this state in the
performance of the person's official duties.

(E)
"Psychiatrist" means a licensed physician who has
satisfactorily completed a residency training program in psychiatry,
as approved by the residency review committee of the American medical
association, the committee on post-graduate education of the American
osteopathic association, or the American osteopathic board of
neurology and psychiatry, or who on July 1, 1989, has been recognized
as a psychiatrist by the Ohio state medical association or the Ohio
osteopathic association on the basis of formal training and five or
more years of medical practice limited to psychiatry.

(F)
"Hospital" means a hospital or inpatient unit licensed by
the department of
mental

behavioral

health

and
addiction services
under
section 5119.33 of the Revised Code, and any institution, hospital,
or other place established, controlled, or supervised by the
department under Chapter 5119. of the Revised Code.

(G)
"Public hospital" means a facility that is tax-supported
and under the jurisdiction of the department of
mental

behavioral

health

and
addiction services
.

(H)
"Community mental health services provider" means an
agency, association, corporation, individual, or program that
provides community mental health services that are certified by the
director of
mental

behavioral

health

and
addiction services
under
section 5119.36 of the Revised Code.

(I)
"Licensed clinical psychologist" means a person who holds a
current, valid psychologist license issued under section 4732.12 of
the Revised Code, and in addition, meets the educational requirements
set forth in division (B) of section 4732.10 of the Revised Code and
has a minimum of two years' full-time professional experience, or the
equivalent as determined by rule of the state board of psychology, at
least one year of which shall be a predoctoral internship, in
clinical psychological work in a public or private hospital or clinic
or in private practice, diagnosing and treating problems of mental
illness or intellectual disability under the supervision of a
psychologist who is licensed or who holds a diploma issued by the
American board of professional psychology, or whose qualifications
are substantially similar to those required for licensure by the
state board of psychology when the supervision has occurred prior to
enactment of laws governing the practice of psychology.

(J)
"Health officer" means any public health physician; public
health nurse; or other person authorized or designated by a city or
general health district or a board of alcohol, drug addiction, and
mental health services to perform the duties of a health officer
under this chapter.

(K)
"Chief clinical officer" means the medical director of a
hospital, community mental health services provider, or board of
alcohol, drug addiction, and mental health services, or, if there is
no medical director, the licensed physician responsible for the
treatment provided by a hospital or community mental health services
provider. The chief clinical officer may delegate to the attending
physician responsible for a patient's care the duties imposed on the
chief clinical officer by this chapter. In the case of a community
mental health services provider, the chief clinical officer shall be
designated by the governing body of the services provider and shall
be a licensed physician or licensed clinical psychologist who
supervises diagnostic and treatment services. A licensed physician or
licensed clinical psychologist designated by the chief clinical
officer may perform the duties and accept the responsibilities of the
chief clinical officer in the chief clinical officer's absence.

(L)
"Working day" or "court day" means Monday,
Tuesday, Wednesday, Thursday, and Friday, except when such day is a
holiday.

(M)
"Indigent" means unable without deprivation of satisfaction
of basic needs to provide for the payment of an attorney and other
necessary expenses of legal representation, including expert
testimony.

(N)
"Respondent" means the person whose detention, commitment,
hospitalization, continued hospitalization or commitment, or
discharge is being sought in any proceeding under this chapter.

(O)
"Ohio protection and advocacy system" has the same meaning
as in section 5123.60 of the Revised Code.

(P)
"Independent expert evaluation" means an evaluation
conducted by a licensed clinical psychologist, psychiatrist, or
licensed physician who has been selected by the respondent or the
respondent's counsel and who consents to conducting the evaluation.

(Q)
"Court" means the probate division of the court of common
pleas.

(R)
"Expunge" means:

(1)
The removal and destruction of court files and records, originals and
copies, and the deletion of all index references;

(2)
The reporting to the person of the nature and extent of any
information about the person transmitted to any other person by the
court;

(3)
Otherwise insuring that any examination of court files and records in
question shall show no record whatever with respect to the person;

(4)
That all rights and privileges are restored, and that the person, the
court, and any other person may properly reply that no such record
exists, as to any matter expunged.

(S)
"Residence" means a person's physical presence in a county
with intent to remain there, except that:

(1)
If a person is receiving a mental health service at a facility that
includes nighttime sleeping accommodations, residence means that
county in which the person maintained the person's primary place of
residence at the time the person entered the facility;

(2)
If a person is committed pursuant to section 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised Code, residence means
the county where the criminal charges were filed.

When
the residence of a person is disputed, the matter of residence shall
be referred to the department of
mental

behavioral

health

and
addiction services
for
investigation and determination. Residence shall not be a basis for a
board of alcohol, drug addiction, and mental health services to deny
services to any person present in the board's service district, and
the board shall provide services for a person whose residence is in
dispute while residence is being determined and for a person in an
emergency situation.

(T)
"Admission" to a hospital or other place means that a
patient is accepted for and stays at least one night at the hospital
or other place.

(U)
"Prosecutor" means the prosecuting attorney, village
solicitor, city director of law, or similar chief legal officer who
prosecuted a criminal case in which a person was found not guilty by
reason of insanity, who would have had the authority to prosecute a
criminal case against a person if the person had not been found
incompetent to stand trial, or who prosecuted a case in which a
person was found guilty.

(V)(1)
"Treatment plan" means a written statement of reasonable
objectives and goals for an individual established by the treatment
team, with specific criteria to evaluate progress towards achieving
those objectives.

(2)
The active participation of the patient in establishing the
objectives and goals shall be documented. The treatment plan shall be
based on patient needs and include services to be provided to the
patient while the patient is hospitalized, after the patient is
discharged, or in an outpatient setting. The treatment plan shall
address services to be provided. In the establishment of the
treatment plan, consideration should be given to the availability of
services, which may include but are not limited to all of the
following:

(a)
Community psychiatric supportive treatment;

(b)
Assertive community treatment;

(c)
Medications;

(d)
Individual or group therapy;

(e)
Peer support services;

(f)
Financial services;

(g)
Housing or supervised living services;

(h)
Alcohol or substance abuse treatment;

(i)
Any other services prescribed to treat the patient's mental illness
and to either assist the patient in living and functioning in the
community or to help prevent a relapse or a deterioration of the
patient's current condition.

(3)
If the person subject to the treatment plan has executed an advance
directive for mental health treatment, the treatment team shall
consider any directions included in such advance directive in
developing the treatment plan.

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

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

(Y)
"Local correctional facility" has the same meaning as in
section 2903.13 of the Revised Code.

(Z)
"Clinical nurse specialist" and "certified nurse
practitioner" have the same meanings as in section 4723.01 of
the Revised Code.

Sec.
5122.03.
A
patient admitted under section 5122.02 of the Revised Code who
requests release in writing, or whose release is requested in writing
by the patient's counsel, legal guardian, parent, spouse, or adult
next of kin shall be released forthwith, except when any of the
following is the case:

(A)
The patient was admitted on the patient's own application and the
request for release is made by a person other than the patient,
release may be conditional upon the agreement of the patient.

(B)
The patient was, within the past twelve months, a defendant described
in division (B)(1)(a)(v)(I) of section 2945.38 of the Revised Code
and the chief clinical officer of the hospital decides not to file or
cause to be filed an affidavit under section 5122.11 of the Revised
Code as described in division (C) of this section. In that
circumstance, the chief clinical officer shall immediately notify the
trial court or prosecutor described in division (B)(1)(a)(v)(I) of
section 2945.38 of the Revised Code of the chief clinical officer's
decision and intent to release the patient. Not later than three
court days after being notified of the intent to release, the trial
court or prosecutor may file or cause to be filed with the court of
the county where the patient is hospitalized, or the court of the
county where the patient resides, an affidavit under section 5122.11
of the Revised Code. If such an affidavit is filed, the patient's
release must be postponed until a hearing under section 5122.141 of
the Revised Code is held.

(C)
The chief clinical officer of the hospital, within three court days
from the receipt of the request for release, files or causes to be
filed with the court of the county where the patient is hospitalized
or of the county where the patient is a resident, an affidavit under
section 5122.11 of the Revised Code. Release may be postponed until
the hearing held under section 5122.141 of the Revised Code. A
telephone communication within three court days from the receipt of
the request for release from the chief clinical officer to the court,
indicating that the required affidavit has been mailed, is sufficient
compliance with the time limit for filing such affidavit.

Unless
the patient is released within three days from the receipt of the
request by the chief clinical officer, the request shall serve as a
request for an initial hearing under section 5122.141 of the Revised
Code. If the court finds that the patient is a person with a mental
illness subject to court order, all provisions of this chapter with
respect to involuntary hospitalization apply to such person.

Judicial
proceedings for hospitalization shall not be commenced with respect
to a voluntary patient except pursuant to this section.

Sections
5121.30 to 5121.56 of the Revised Code apply to persons received in a
hospital operated by the department of
mental

behavioral

health

and
addiction services
on
a voluntary application.

The
chief clinical officer of the hospital shall provide reasonable means
and arrangements for informing patients of their rights to release as
provided in this section and for assisting them in making and
presenting requests for release or for a hearing under section
5122.141 of the Revised Code.

Before
a patient is released from a public hospital, the chief clinical
officer shall, when possible,
notify

provide
notice of the patient's pending release to
the
board of
alcohol,
drug addiction, and mental health services serving
the
patient's county of residence

of
the patient's pending release after
.
Before the notice is given,
the
chief clinical officer
has
informed
shall
inform
the
patient that the board will be so notified.

Sec.
5122.10.
(A)(1)
Any of the following who has reason to believe that a person is a
person with a mental illness subject to court order and represents a
substantial risk of physical harm to self or others if allowed to
remain at liberty pending examination may take the person into
custody and may immediately transport the person to a hospital or,
notwithstanding section 5119.33 of the Revised Code, to a general
hospital not licensed by the department of
mental

behavioral

health

and
addiction services
where
the person may be held for the period prescribed in this section:

(a)
A psychiatrist;

(b)
A licensed physician;

(c)
A licensed clinical psychologist;

(d)
A clinical nurse specialist who is certified as a psychiatric-mental
health CNS by the American nurses credentialing center;

(e)
A certified nurse practitioner who is certified as a
psychiatric-mental health NP by the American nurses credentialing
center;

(f)
A health officer;

(g)
A parole officer;

(h)
A police officer;

(i)
A sheriff.

(2)
If the chief of the adult parole authority or a parole or probation
officer with the approval of the chief of the authority has reason to
believe that a parolee, an offender under a community control
sanction or post-release control sanction, or an offender under
transitional control is a person with a mental illness subject to
court order and represents a substantial risk of physical harm to
self or others if allowed to remain at liberty pending examination,
the chief or officer may take the parolee or offender into custody
and may immediately transport the parolee or offender to a hospital
or, notwithstanding section 5119.33 of the Revised Code, to a general
hospital not licensed by the department of
mental

behavioral

health

and
addiction services
where
the parolee or offender may be held for the period prescribed in this
section.

(B)
A written statement shall be given to the hospital by the individual
authorized under division (A)(1) or (2) of this section to transport
the person. The statement shall specify the circumstances under which
such person was taken into custody and the reasons for the belief
that the person is a person with a mental illness subject to court
order and represents a substantial risk of physical harm to self or
others if allowed to remain at liberty pending examination. This
statement shall be made available to the respondent or the
respondent's attorney upon request of either.

(C)
Every reasonable and appropriate effort shall be made to take persons
into custody in the least conspicuous manner possible. A person
taking the respondent into custody pursuant to this section shall
explain to the respondent: the name and professional designation and
affiliation of the person taking the respondent into custody; that
the custody-taking is not a criminal arrest; and that the person is
being taken for examination by mental health professionals at a
specified mental health facility identified by name.

(D)
If a person taken into custody under this section is transported to a
general hospital, the general hospital may admit the person, or
provide care and treatment for the person, or both, notwithstanding
section 5119.33 of the Revised Code, but by the end of twenty-four
hours after arrival at the general hospital, the person shall be
transferred to a hospital as defined in section 5122.01 of the
Revised Code.

(E)
A person transported or transferred to a hospital or community mental
health services provider under this section shall be examined by the
staff of the hospital or services provider within twenty-four hours
after arrival at the hospital or services provider. If to conduct the
examination requires that the person remain overnight, the hospital
or services provider shall admit the person in an unclassified status
until making a disposition under this section. After the examination,
if the chief clinical officer of the hospital or services provider
believes that the person is not a person with a mental illness
subject to court order, the chief clinical officer shall release or
discharge the person immediately unless a court has issued a
temporary order of detention applicable to the person under section
5122.11 of the Revised Code. After the examination, if the chief
clinical officer believes that the person is a person with a mental
illness subject to court order, the chief clinical officer may detain
the person for not more than three court days following the day of
the examination and during such period admit the person as a
voluntary patient under section 5122.02 of the Revised Code or file
an affidavit under section 5122.11 of the Revised Code. If neither
action is taken and a court has not otherwise issued a temporary
order of detention applicable to the person under section 5122.11 of
the Revised Code, the chief clinical officer shall discharge the
person at the end of the three-day period unless the person has been
sentenced to the department of rehabilitation and correction and has
not been released from the person's sentence, in which case the
person shall be returned to that department.

Sec.
5122.15.
(A)
Full hearings shall be conducted in a manner consistent with this
chapter and with due process of law. The hearings shall be conducted
by a judge of the probate court or a referee designated by a judge of
the probate court and may be conducted in or out of the county in
which the respondent is held. Any referee designated under this
division shall be an attorney.

(1)
With the consent of the respondent, the following shall be made
available to counsel for the respondent:

(a)
All relevant documents, information, and evidence in the custody or
control of the state or prosecutor;

(b)
All relevant documents, information, and evidence in the custody or
control of the hospital in which the respondent currently is held, or
in which the respondent has been held pursuant to this chapter;

(c)
All relevant documents, information, and evidence in the custody or
control of any hospital, facility, or person not included in division
(A)(1)(a) or (b) of this section.

(2)
The respondent has the right to attend the hearing and to be
represented by counsel of the respondent's choice. The right to
attend the hearing may be waived only by the respondent or counsel
for the respondent after consultation with the respondent.

(3)
If the respondent is not represented by counsel, is absent from the
hearing, and has not validly waived the right to counsel, the court
shall appoint counsel immediately to represent the respondent at the
hearing, reserving the right to tax costs of appointed counsel to the
respondent, unless it is shown that the respondent is indigent. If
the court appoints counsel, or if the court determines that the
evidence relevant to the respondent's absence does not justify the
absence, the court shall continue the case.

(4)
The respondent shall be informed that the respondent may retain
counsel and have independent expert evaluation. If the respondent is
unable to obtain an attorney, the respondent shall be represented by
court-appointed counsel. If the respondent is indigent,
court-appointed counsel and independent expert evaluation shall be
provided as an expense under section 5122.43 of the Revised Code.

(5)
The hearing shall be closed to the public, unless counsel for the
respondent, with the permission of the respondent, requests that the
hearing be open to the public.

(6)
If the hearing is closed to the public, the court, for good cause
shown, may admit persons who have a legitimate interest in the
proceedings. If the respondent, the respondent's counsel, or the
designee of the director or of the chief clinical officer objects to
the admission of any person, the court shall hear the objection and
any opposing argument and shall rule upon the admission of the person
to the hearing.

(7)
The affiant under section 5122.11 of the Revised Code shall be
subject to subpoena by either party.

(8)
The court shall examine the sufficiency of all documents filed and
shall inform the respondent, if present, and the respondent's counsel
of the nature and content of the documents and the reason for which
the respondent is being detained, or for which the respondent's
placement is being sought.

(9)
The court shall receive only reliable, competent, and material
evidence.

(10)
Unless proceedings are initiated pursuant to section 5120.17 or
5139.08 of the Revised Code, an attorney that the board designates
shall present the case demonstrating that the respondent is a person
with a mental illness subject to court order. The attorney shall
offer evidence of the diagnosis, prognosis, record of treatment, if
any, and less restrictive treatment plans, if any. In proceedings
pursuant to section 5120.17 or 5139.08 of the Revised Code, the
attorney general shall designate an attorney who shall present the
case demonstrating that the respondent is a person with a mental
illness subject to court order. The attorney shall offer evidence of
the diagnosis, prognosis, record of treatment, if any, and less
restrictive treatment plans, if any.

(11)
The respondent or the respondent's counsel has the right to subpoena
witnesses and documents and to examine and cross-examine witnesses.

(12)
The respondent has the right, but shall not be compelled, to testify,
and shall be so advised by the court.

(13)
On motion of the respondent or the respondent's counsel for good
cause shown, or on the court's own motion, the court may order a
continuance of the hearing.

(14)
If the respondent is represented by counsel and the respondent's
counsel requests a transcript and record, or if the respondent is not
represented by counsel, the court shall make and maintain a full
transcript and record of the proceeding. If the respondent is
indigent and the transcript and record is made, a copy shall be
provided to the respondent upon request and be treated as an expense
under section 5122.43 of the Revised Code.

(15)
To the extent not inconsistent with this chapter, the Rules of Civil
Procedure are applicable.

(B)
Unless, upon completion of the hearing the court finds by clear and
convincing evidence that the respondent is a person with a mental
illness subject to court order, it shall order the respondent's
discharge immediately.

(C)
If, upon completion of the hearing, the court finds by clear and
convincing evidence that the respondent is a person with a mental
illness subject to court order, the court shall order the respondent
for a period not to exceed ninety days to any of the following:

(1)
A hospital operated by the department of
mental

behavioral

health

and
addiction services
if
the respondent is committed pursuant to section 5139.08 of the
Revised Code;

(2)
A nonpublic hospital;

(3)
The veterans' administration or other agency of the United States
government;

(4)
A board of alcohol, drug addiction, and mental health services or
services provider the board designates;

(5)
Receive private psychiatric or psychological care and treatment;

(6)
Any other suitable facility or person consistent with the diagnosis,
prognosis, and treatment needs of the respondent. A jail or other
local correctional facility is not a suitable facility.

(D)
Any order made pursuant to division (C)(2), (3), (5), or (6) of this
section shall be conditioned upon the receipt by the court of consent
by the hospital, facility, agency, or person to accept the respondent
and may include a requirement that a person or entity described in
division (C)(2), (3), (5), or (6) of this section inform the board of
alcohol, drug addiction, and mental health services or community
mental health services provider the board designates about the
progress of the respondent with the treatment plan.

(E)
In determining the entity or person to which the respondent is to be
committed under division (C) of this section, the court shall
consider all of the following:

(1)
The respondent's diagnosis and prognosis made by a psychiatrist,
licensed clinical psychologist, clinical nurse specialist who is
certified as a psychiatric-mental health clinical nurse specialist by
the American nurses credentialing center, or certified nurse
practitioner who is certified as a psychiatric-mental health nurse
practitioner by the American nurses credentialing center;

(2)
The respondent's preferences;

(3)
The respondent's projected treatment plan.

The
court shall order the implementation of the least restrictive
alternative available and consistent with treatment goals. If the
court determines that the least restrictive alternative available
that is consistent with treatment goals is inpatient hospitalization,
the court's order shall so state.

(F)
During the ninety-day period the entity or person shall examine and
treat the respondent. If the respondent is receiving treatment in an
outpatient setting, or receives treatment in an outpatient setting
during a subsequent period of continued commitment under division (H)
of this section, the entity or person to whom the respondent is
committed shall determine the appropriate outpatient treatment for
the respondent. If, at any time prior to the expiration of the
ninety-day period, it is determined by the entity or person that the
respondent's treatment needs could be equally well met in an
available and appropriate less restrictive setting, both of the
following apply:

(1)
The respondent shall be released from the care of the entity or
person immediately and shall be referred to the court together with a
report of the findings and recommendations of the entity or person;

(2)
The entity or person shall notify the respondent's counsel or the
attorney designated by a board of alcohol, drug addiction, and mental
health services or, if the respondent was committed to a board or a
services provider designated by the board, it shall place the
respondent in the least restrictive setting available consistent with
treatment goals and notify the court and the respondent's counsel of
the placement.

The
court shall dismiss the case or order placement in the least
restrictive setting.

(G)(1)
Except as provided in division (G)(2) of this section, any person for
whom proceedings for treatment have been commenced pursuant to
section 5122.11 of the Revised Code, may apply at any time for
voluntary admission or treatment to the entity or person to which the
person was committed. Upon admission as a voluntary patient the chief
clinical officer of the entity or the person immediately shall notify
the court, the patient's counsel, and the attorney designated by the
board, if the attorney has entered the proceedings, in writing of
that fact, and, upon receipt of the notice, the court shall dismiss
the case.

(2)
A person who is found incompetent to stand trial or not guilty by
reason of insanity and who is committed pursuant to section 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised Code shall not
voluntarily commit the person pursuant to this section until after
the final termination of the commitment, as described in division (J)
of section 2945.401 of the Revised Code.

(H)
If, at the end of the first ninety-day period or any subsequent
period of continued commitment, there has been no disposition of the
case, either by discharge or voluntary admission or treatment, the
entity or person shall discharge the patient immediately, unless at
least ten days before the expiration of the period the attorney the
board designates or the prosecutor files with the court an
application for continued commitment. The application of the attorney
or the prosecutor shall include a written report containing the
diagnosis, prognosis, past treatment, a list of alternative treatment
settings and plans, and identification of the treatment setting that
is the least restrictive consistent with treatment needs. The
attorney the board designates or the prosecutor shall file the
written report at least three days prior to the full hearing. A copy
of the application and written report shall be provided to the
respondent's counsel immediately.

The
court shall hold a full hearing on applications for continued
commitment at the expiration of the first ninety-day period and at
least every two years after the expiration of the first ninety-day
period.

Hearings
following any application for continued commitment are mandatory and
may not be waived.

For
a respondent who is ordered to receive treatment in an outpatient
setting, if at any time after the first ninety-day period the entity
or person to whom the respondent was ordered determines that the
respondent has demonstrated voluntary consent for treatment, that
entity or person shall immediately notify the respondent, the
respondent's counsel, the attorney designated by the board, and the
court. The entity or person shall submit to the court a report of the
findings and recommendations. The court may dismiss the case upon
review of the facts.

Upon
request of a person who is involuntarily committed under this
section, or the person's counsel, that is made more than one hundred
eighty days after the person's last full hearing, mandatory or
requested, the court shall hold a full hearing on the person's
continued commitment. Upon the application of a person involuntarily
committed under this section, supported by an affidavit of a
psychiatrist or licensed clinical psychologist, alleging that the
person no longer is a person with a mental illness subject to court
order, the court for good cause shown may hold a full hearing on the
person's continued commitment prior to the expiration of one hundred
eighty days after the person's last full hearing. Section 5122.12 of
the Revised Code applies to all hearings on continued commitment.

If
the court, after a hearing for continued commitment finds by clear
and convincing evidence that the respondent is a person with a mental
illness subject to court order, the court may order continued
commitment at places or to persons specified in division (C) of this
section.

(I)
Unless the admission is pursuant to section 5120.17 or 5139.08 of the
Revised Code, the chief clinical officer of the entity admitting a
respondent pursuant to a judicial proceeding, within ten working days
of the admission, shall make a report of the admission to the board
of alcohol, drug addiction, and mental health services serving the
respondent's county of residence.

(J)
A referee appointed by the court may make all orders that a judge may
make under this section and sections 5122.11 and 5122.141 of the
Revised Code, except an order of contempt of court. The orders of a
referee take effect immediately. Within fourteen days of the making
of an order by a referee, a party may file written objections to the
order with the court. The filed objections shall be considered a
motion, shall be specific, and shall state their grounds with
particularity. Within ten days of the filing of the objections, a
judge of the court shall hold a hearing on the objections and may
hear and consider any testimony or other evidence relating to the
respondent's mental condition. At the conclusion of the hearing, the
judge may ratify, rescind, or modify the referee's order.

(K)
An order of the court under division (C), (H), or (J) of this section
is a final order.

(L)
Before a board, or a services provider the board designates, may
place an unconsenting respondent in an inpatient setting from a less
restrictive placement, the board or services provider shall do all of
the following:

(1)
Determine that the respondent is in immediate need of treatment in an
inpatient setting because the respondent represents a substantial
risk of physical harm to the respondent or others if allowed to
remain in a less restrictive setting;

(2)
On the day of placement in the inpatient setting or on the next court
day, file with the court a motion for transfer to an inpatient
setting or communicate to the court by telephone that the required
motion has been mailed;

(3)
Ensure that every reasonable and appropriate effort is made to take
the respondent to the inpatient setting in the least conspicuous
manner possible;

(4)
Immediately notify the board's designated attorney and the
respondent's attorney.

At
the respondent's request, the court shall hold a hearing on the
motion and make a determination pursuant to division (E) of this
section within five days of the placement.

(M)
Before a board, or a services provider the board designates, may move
a respondent from one residential placement to another, the board or
services provider shall consult with the respondent about the
placement. If the respondent objects to the placement, the proposed
placement and the need for it shall be reviewed by a qualified mental
health professional who otherwise is not involved in the treatment of
the respondent.

(N)
The entity or person to whom the respondent was ordered for treatment
in an outpatient setting may submit a report to the court indicating
that the respondent has either failed to comply with the treatment
plan or begun to demonstrate signs of decompensation that may be
grounds for hospitalization. On receipt of the report, the court
shall promptly schedule a hearing to review the case. The court shall
conduct the hearing in a manner consistent with this chapter and due
process of law. The board shall receive notice of the hearing and the
board and entity or person treating the respondent shall submit a
report to the court with a plan for appropriate alternative
treatment, if any, or recommend that the court discontinue the
court-ordered treatment. The court shall consider available and
appropriate alternative placements but shall not impose criminal
sanctions that result in confinement in a jail or other local
correctional facility based on the respondent's failure to comply
with the treatment plan. The court may not order the respondent to a
more restrictive placement unless the criteria specified in division
(L) of this section are met and may not order the respondent to an
inpatient setting unless the court determines by clear and convincing
evidence presented by the board that the respondent meets the
criteria specified in divisions (A) and (B)(1), (2), (3), or (4) of
section 5122.01 of the Revised Code.

Sec.
5122.20.
The
director of
mental

behavioral

health

and
addiction services
or
the director's designee may transfer, or authorize the transfer of,
an involuntary patient, or a consenting voluntary patient
hospitalized pursuant to section 5122.02 or sections 5122.11 to
5122.15 of the Revised Code, from one public hospital to another, or
to a hospital, community mental health services provider, or other
facility offering treatment or other services for mental illness, if
the medical director of the department of
mental

behavioral

health

and
addiction services
determines
that it would be consistent with the medical needs of the patient to
do so. If such a transfer is made to a private facility, the transfer
shall be conditioned upon the consent of the facility.

Before
an involuntary patient may be transferred to a more restrictive
setting, the chief clinical officer shall file a motion with the
court requesting the court to amend its order of placement issued
under section 5122.15 of the Revised Code. At the patient's request,
the court shall hold a hearing on the motion at which the patient has
the same rights as at a full hearing under section 5122.15 of the
Revised Code. The hearing shall be held within ten days after the
date on which the respondent was transferred to the more restrictive
setting or on which the motion was filed, whichever is earlier. On
the motion of the respondent, the respondent's counsel, or the chief
clinical officer, or on its own motion, and for good cause shown, the
court may order a continuance of the hearing for up to ten days.

Whenever
an involuntary patient is transferred, written notice of the transfer
shall be given to the patient's legal guardian, parents, spouse, and
counsel, or, if none is known, to the patient's nearest known
relative or friend. If the patient is a minor, the department, before
making such a transfer, shall make a minute of the order for the
transfer and the reason for it upon its record and shall send a
certified copy at least seven days prior to the transfer to the
person shown by its record to have had the care or custody of the
minor immediately prior to the minor's commitment. Whenever a
consenting voluntary patient is transferred, the notification shall
be given only at the patient's request. The chief clinical officer
shall advise a voluntary patient who is being transferred that the
patient may decide if the notification shall be given. In all such
transfers, due consideration shall be given to the wishes of the
patient, and the relationship of the patient to the patient's family,
legal guardian, or friends, so as to maintain the relationship and
encourage visits beneficial to the patient.

When
a voluntary patient whose medical or psychological needs are found by
the chief clinical officer to warrant a transfer refuses to be
transferred to an alternate facility, the chief clinical officer may
file an affidavit for a hearing under section 5122.11 of the Revised
Code.

Sec.
5122.21.
(A)
The chief clinical officer shall as frequently as practicable, and at
least once every thirty days, examine or cause to be examined every
patient, and, whenever the chief clinical officer determines that the
conditions justifying involuntary hospitalization or commitment no
longer obtain, shall discharge the patient not under indictment or
conviction for crime and immediately make a report of the discharge
to the department of
mental

behavioral

health

and
addiction services
.
The chief clinical officer may discharge a patient who is under an
indictment, a sentence of imprisonment, a community control sanction,
or a post-release control sanction or on parole ten days after
written notice of intent to discharge the patient has been given by
personal service or certified mail, return receipt requested, to the
court having criminal jurisdiction over the patient. Except when the
patient was found not guilty by reason of insanity and the
defendant's commitment is pursuant to section 2945.40 of the Revised
Code, the chief clinical officer has final authority to discharge a
patient who is under an indictment, a sentence of imprisonment, a
community control sanction, or a post-release control sanction or on
parole.

(B)
After a finding pursuant to section 5122.15 of the Revised Code that
a person is a person with a mental illness subject to court order,
the chief clinical officer of the hospital or community mental health
services provider to which the person is ordered or to which the
person is transferred under section 5122.20 of the Revised Code, may
grant a discharge without the consent or authorization of any court.

Upon
discharge, the chief clinical officer shall notify the court that
caused the judicial hospitalization of the discharge from the
hospital.

Sec.
5122.23.
The
chief clinical officer of a public hospital shall immediately report
to the department of
mental

behavioral

health

and
addiction services
and
the board of alcohol, drug addiction, and mental health services
serving the patient's county of residence the removal, death, escape,
discharge, or trial visit of any patient hospitalized under section
5122.15 of the Revised Code, or the return of such an escaped or
visiting patient to the department, the probate judge of the county
from which such patient was hospitalized, and the probate judge of
the county of residence of such patient. In case of death, the chief
clinical officer also shall notify one or more of the nearest
relatives of the deceased patient, if known to the chief clinical
officer, by letter, telegram, or telephone. If the place of residence
of such relative is unknown to the chief clinical officer,
immediately upon receiving notification the probate judge shall in
the speediest manner possible notify such relatives, if known to the
probate judge.

The
chief clinical officer of a public hospital, upon the request of the
probate judge of the county from which a patient was hospitalized or
the probate judge of the county of residence of such a patient, shall
make a report to the judge of the condition of any patient under the
care, treatment, custody, or control of the chief clinical officer.

Sec.
5122.26.
(A)
If a patient is absent without leave, on a verbal or written order
issued within five days of the time of the unauthorized absence by
the department of
mental

behavioral

health

and
addiction services
,
the chief clinical officer of the hospital from which the patient is
absent without leave, or the court of either the county from which
the patient was committed or in which the patient is found, any
health or police officer or sheriff may take the patient into custody
and transport the patient to the hospital in which the patient was
hospitalized or to a place that is designated in the order. The
officer immediately shall report such fact to the entity that issued
the order.

The
chief clinical officer of a hospital may discharge a patient who is
under an indictment, a sentence of imprisonment, a community control
sanction, or a post-release control sanction or on parole and who has
been absent without leave for more than thirty days but shall give
written notice of the discharge to the court with criminal
jurisdiction over the patient. The chief clinical officer of a
hospital may discharge any other patient who has been absent without
leave for more than fourteen days.

The
chief clinical officer shall take all proper measures for the
apprehension of an escaped patient. The expense of the return of an
escaped patient shall be borne by the hospital where the patient is
hospitalized.

(B)(1)
Subject to division (B)(2) of this section, no patient hospitalized
under Chapter 5122. of the Revised Code whose absence without leave
was caused or contributed to by the patient's mental illness shall be
subject to a charge of escape.

(2)
Division (B)(1) of this section does not apply to any person who was
hospitalized, institutionalized, or confined in a facility under an
order made pursuant to or under authority of section 2945.37,
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the
Revised Code and who escapes from the facility, from confinement in a
vehicle for transportation to or from the facility, or from
supervision by an employee of the facility that is incidental to
hospitalization, institutionalization, or confinement in the facility
and that occurs outside the facility, in violation of section 2921.34
of the Revised Code.

Sec.
5122.27.
The
chief clinical officer of the hospital or the chief clinical
officer's designee shall assure that all patients hospitalized or
committed pursuant to this chapter shall:

(A)
Receive, within twenty days of their admission sufficient
professional care to assure that an evaluation of current status,
differential diagnosis, probable prognosis, and description of the
current treatment plan is stated on the official chart;

(B)
Have a written treatment plan consistent with the evaluation,
diagnosis, prognosis, and goals which shall be provided, upon request
of the patient or patient's counsel, to the patient's counsel and to
any private physician or licensed clinical psychologist designated by
the patient or the patient's counsel or to the Ohio protection and
advocacy system;

(C)
Receive treatment consistent with the treatment plan. The department
of
mental

behavioral

health

and
addiction services
shall
set standards for treatment provided to such patients, consistent
wherever possible with standards set by the joint commission.

(D)
Receive periodic reevaluations of the treatment plan by the
professional staff at intervals not to exceed ninety days;

(E)
Be provided with adequate medical treatment for physical disease or
injury;

(F)
Receive humane care and treatment, including without limitation, the
following:

(1)
The least restrictive environment consistent with the treatment plan;

(2)
The necessary facilities and personnel required by the treatment
plan;

(3)
A humane psychological and physical environment;

(4)
The right to obtain current information concerning the patient's
treatment program and expectations in terms that the patient can
reasonably understand;

(5)
Participation in programs designed to afford the patient substantial
opportunity to acquire skills to facilitate return to the community
or to terminate an involuntary commitment;

(6)
The right to be free from unnecessary or excessive medication;

(7)
Freedom from restraints or isolation unless it is stated in a written
order by the chief clinical officer or the chief clinical officer's
designee, or the patient's individual physician or psychologist in a
private or general hospital.

If
the chief clinical officer of the hospital is unable to provide the
treatment required by divisions (C), (E), and (F) of this section for
any patient hospitalized pursuant to Chapter 5122. of the Revised
Code, the chief clinical officer shall immediately notify the
patient, the court, the Ohio protection and advocacy system, the
director of
mental

behavioral

health

and
addiction services
,
and the patient's counsel and legal guardian, if known. If within ten
days after receipt of such notification by the director, the director
is unable to effect a transfer of the patient, pursuant to section
5122.20 of the Revised Code, to a hospital, community mental health
services provider, or other medical facility where treatment is
available, or has not received an order of the court to the contrary,
the involuntary commitment of any patient hospitalized pursuant to
Chapter 5122. of the Revised Code and defined as a person with a
mental illness subject to court order under division (B)(4) of
section 5122.01 of the Revised Code shall automatically be
terminated.

Sec.
5122.31.
(A)
All certificates, applications, records, and reports made for the
purpose of this chapter and sections 2945.38, 2945.39, 2945.40,
2945.401, and 2945.402 of the Revised Code, other than court journal
entries or court docket entries, and directly or indirectly
identifying a patient or former patient or person whose
hospitalization or commitment has been sought under this chapter,
shall be kept confidential and shall not be disclosed by any person
except:

(1)
If the person identified, or the person's legal guardian, if any, or
if the person is a minor, the person's parent or legal guardian,
consents, and if the disclosure is in the best interests of the
person, as may be determined by the court for judicial records and by
the chief clinical officer for medical records;

(2)
When disclosure is provided for in this chapter or Chapters 340. or
5119. of the Revised Code or in accordance with other provisions of
state or federal law authorizing such disclosure;

(3)
That hospitals, boards of alcohol, drug addiction, and mental health
services, and community mental health services providers may release
necessary medical information to insurers and other third-party
payers, including government entities responsible for processing and
authorizing payment, to obtain payment for goods and services
furnished to the patient;

(4)
Pursuant to a court order signed by a judge;

(5)
That a patient shall be granted access to the patient's own
psychiatric and medical records, unless access specifically is
restricted in a patient's treatment plan for clear treatment reasons;

(6)
That hospitals and other institutions and facilities within the
department of
mental

behavioral

health

and
addiction services
may
exchange psychiatric records and other pertinent information with
other hospitals, institutions, and facilities of the department, and
with community mental health services providers and boards of
alcohol, drug addiction, and mental health services with which the
department has a current agreement for patient care or services.
Records and information that may be released pursuant to this
division shall be limited to medication history, physical health
status and history, financial status, summary of course of treatment
in the hospital, summary of treatment needs, and a discharge summary,
if any.

(7)
That hospitals within the department and other institutions and
facilities within the department may exchange psychiatric records and
other pertinent information with payers and other providers of
treatment, health services, and recovery supports if the purpose of
the exchange is to facilitate continuity of care for a patient or for
the emergency treatment of an individual;

(8)
That a patient's family member who is involved in the provision,
planning, and monitoring of services to the patient may receive
medication information, a summary of the patient's diagnosis and
prognosis, and a list of the services and personnel available to
assist the patient and the patient's family, if the patient's
treating physician determines that the disclosure would be in the
best interests of the patient. No such disclosure shall be made
unless the patient is notified first and receives the information and
does not object to the disclosure.

(9)
That community mental health services providers may exchange
psychiatric records and certain other information with the board of
alcohol, drug addiction, and mental health services and other
services providers in order to provide services to a person
involuntarily committed to a board. Release of records under this
division shall be limited to medication history, physical health
status and history, financial status, summary of course of treatment,
summary of treatment needs, and discharge summary, if any.

(10)
That information may be disclosed to the executor or the
administrator of an estate of a deceased patient when the information
is necessary to administer the estate;

(11)
That records in the possession of the Ohio history connection may be
released to the closest living relative of a deceased patient upon
request of that relative;

(12)
That records pertaining to the patient's diagnosis, course of
treatment, treatment needs, and prognosis shall be disclosed and
released to the appropriate prosecuting attorney if the patient was
committed pursuant to section 2945.38, 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised Code, or to the attorney designated by the
board for proceedings pursuant to involuntary commitment under this
chapter.

(13)
That the department of
mental

behavioral

health

and
addiction services
may
exchange psychiatric hospitalization records, other mental health
treatment records, and other pertinent information with the
department of rehabilitation and correction and with the department
of youth services to ensure continuity of care for inmates or
offenders who are receiving mental health services in an institution
of the department of rehabilitation and correction or the department
of youth services and may exchange psychiatric hospitalization
records, other mental health treatment records, and other pertinent
information with boards of alcohol, drug addiction, and mental health
services and community mental health services providers to ensure
continuity of care for inmates or offenders who are receiving mental
health services in an institution and are scheduled for release
within six months. The release of records under this division is
limited to records regarding an inmate's or offender's medication
history, physical health status and history, summary of course of
treatment, summary of treatment needs, and a discharge summary, if
any;

(14)
That records and reports relating to a person who has been deceased
for fifty years or more are no longer considered confidential.

(B)
Before records are disclosed pursuant to divisions (A)(3), (6), and
(9) of this section, the custodian of the records shall attempt to
obtain the patient's consent for the disclosure. No person shall
reveal the contents of a medical record of a patient except as
authorized by law.

(C)
The managing officer of a hospital who releases necessary medical
information under division (A)(3) of this section to allow an
insurance carrier or other third party payor to comply with section
5121.43 of the Revised Code shall neither be subject to criminal nor
civil liability.

Sec.
5122.32.
(A)
As used in this section:

(1)
"Quality assurance committee" means a committee that is
appointed in the central office of the department of
mental

behavioral

health

and
addiction services
by
the director of
mental

behavioral

health

and
addiction services
,
a committee of a hospital or community setting program, or a duly
authorized subcommittee of a committee of that nature and that is
designated to carry out quality assurance program activities.

(2)
"Quality assurance program" means a comprehensive program
within the department of
mental

behavioral

health

and
addiction services
to
systematically review and improve the quality of medical and mental
health services within the department and its hospitals and community
setting programs, the safety and security of persons receiving or
administering medical and mental health services within the
department and its hospitals and community setting programs, and the
efficiency and effectiveness of the utilization of staff and
resources in the delivery of medical and mental health services
within the department and its hospitals and community setting
programs. "Quality assurance program" includes the central
office quality assurance committees, morbidity and mortality review
committees, quality assurance programs of community setting programs,
quality assurance committees of hospitals operated by the department
of
mental

behavioral

health

and
addiction services
,
and the office of licensure and certification of the department.

(3)
"Quality assurance program activities" include collecting
or compiling information and reports required by a quality assurance
committee, receiving, reviewing, or implementing the recommendations
made by a quality assurance committee, and credentialing,
privileging, infection control, tissue review, peer review,
utilization review including access to patient care records, patient
care assessment records, and medical and mental health records,
medical and mental health resource management, mortality and
morbidity review, and identification and prevention of medical or
mental health incidents and risks, whether performed by a quality
assurance committee or by persons who are directed by a quality
assurance committee.

(4)
"Quality assurance records" means the proceedings,
discussion, records, findings, recommendations, evaluations,
opinions, minutes, reports, and other documents or actions that
emanate from quality assurance committees, quality assurance
programs, or quality assurance program activities. "Quality
assurance records" does not include aggregate statistical
information that does not disclose the identity of persons receiving
or providing medical or mental health services in department of

mental

behavioral

health

and
addiction services
hospitals
or community setting programs.

(B)(1)
Except as provided in division (E) of this section, quality assurance
records are confidential and are not public records under section
149.43 of the Revised Code, and shall be used only in the course of
the proper functions of a quality assurance program.

(2)
Except as provided in division (E) of this section, no person who
possesses or has access to quality assurance records and who knows
that the records are quality assurance records shall willfully
disclose the contents of the records to any person or entity.

(C)(1)
Except as provided in division (E) of this section, no quality
assurance record shall be subject to discovery, and is not admissible
in evidence, in any judicial or administrative proceeding.

(2)
Except as provided in division (E) of this section, no member of a
quality assurance committee or a person who is performing a function
that is part of a quality assurance program shall be permitted or
required to testify in a judicial or administrative proceeding with
respect to quality assurance records or with respect to any finding,
recommendation, evaluation, opinion, or other action taken by the
committee, member, or person.

(3)
Information, documents, or records otherwise available from original
sources are not to be construed as being unavailable for discovery or
admission in evidence in a judicial or administrative proceeding
merely because they were presented to a quality assurance committee.
No person testifying before a quality assurance committee or person
who is a member of a quality assurance committee shall be prevented
from testifying as to matters within the person's knowledge, but the
witness cannot be asked about the witness' testimony before the
quality assurance committee or about an opinion formed by the person
as a result of the quality assurance committee proceedings.

(D)(1)
A person who, without malice and in the reasonable belief that the
information is warranted by the facts known to the person, provides
information to a person engaged in quality assurance program
activities is not liable for damages in a civil action for injury,
death, or loss to person or property to any person as a result of
providing the information.

(2)
A member of a quality assurance committee, a person engaged in
quality assurance program activities, and an employee of the
department of
mental

behavioral

health

and
addiction services
shall
not be liable in damages in a civil action for injury, death, or loss
to person or property to any person for any acts, omissions,
decisions, or other conduct within the scope of the functions of the
quality assurance program.

(3)
Nothing in this section shall relieve any institution or individual
from liability arising from the treatment of a patient.

(E)
Quality assurance records may be disclosed, and testimony may be
provided concerning quality assurance records, only to the following
persons or entities:

(1)
Persons who are employed or retained by the department of
mental

behavioral

health

and
addiction services
and
who have authority to evaluate or implement the recommendations of a
state-operated hospital, community setting program, or central office
quality assurance committee;

(2)
Public or private agencies or organizations if needed to perform a
licensing or accreditation function related to department of
mental

behavioral

health

and
addiction services
hospitals
or community setting programs, or to perform monitoring of a hospital
or program of that nature as required by law.

(F)
A disclosure of quality assurance records pursuant to division (E) of
this section does not otherwise waive the confidential and privileged
status of the disclosed quality assurance records.

(G)
Nothing in this section shall limit the access of the Ohio protection
and advocacy system to records or personnel as required under section
5123.601 of the Revised Code. Nothing in this section shall limit the
admissibility of documentary or testimonial evidence in an action
brought by the Ohio protection and advocacy system in its own name or
on behalf of a client.

Sec.
5122.33.
The
department of
mental

behavioral

health

and
addiction services
may
prescribe the form of applications, reports, records, and medical
certificates provided for under this chapter, and the information
required to be contained therein; require reports from the chief
clinical officer of any public hospital relating to the admission,
examination, diagnosis, release, or discharge of any patient; visit
each such hospital regularly to review the admission procedures of
all new patients admitted between visits; investigate by personal
visit complaints made by any patient or by any person on behalf of a
patient; and adopt such rules as are reasonably necessary to
effectuate the provisions of this chapter.

Sec.
5122.341.
(A)
As used in this section:

(1)
"Facility or provider" means, in the context of a person
committed to the department of
mental

behavioral

health

and
addiction services
under
sections 2945.37 to 2945.402 of the Revised Code, any entity in which
the department of
mental

behavioral

health

and
addiction services
places
such a person.

(2)
"Person committed to the department" means a person
committed to the department of
mental

behavioral

health

and
addiction services
under
sections 2945.37 to 2945.402 of the Revised Code.

(B)
No member of a board of directors, or employee, of a facility or
provider in which the department of
mental

behavioral

health

and
addiction services
places
a person committed to the department is liable for injury or damages
caused by any action or inaction taken within the scope of the board
member's official duties or employee's employment relating to the
commitment of, and services provided to, the person committed to the
department, unless the action or inaction constitutes willful or
wanton misconduct. A board member's or employee's action or inaction
does not constitute willful or wanton misconduct if the board member
or employee acted in good faith and reasonably under the
circumstances and with the knowledge reasonably attributable to the
board member or employee.

The
immunity from liability conferred by this section is in addition to
and not in limitation of any immunity conferred by any other section
of the Revised Code or by judicial precedent.

Sec.
5122.36.
If
the legal residence of a person with a mental illness is in another
county of the state, the necessary expense of the person's return is
a proper charge against the county of legal residence. If an
adjudication and order of hospitalization by the probate court of the
county of temporary residence are required, the regular probate court
fees and expenses incident to the order of hospitalization under this
chapter and any other expense incurred on the person's behalf shall
be charged to and paid by the county of the person's legal residence
upon the approval and certification of the probate judge of the
county of the person's legal residence. The ordering court shall send
to the probate court of the person's county of legal residence a
certified copy of the commitment order from the ordering court. The
receiving court shall enter and record the commitment order. The
certified commitment order is prima facie evidence of the residence
of the person. When the residence of the person cannot be established
as represented by the ordering court, the matter of residence shall
be referred to the department of
mental

behavioral

health

and
addiction services
for
investigation and determination.

Sec.
5122.44.
As
used in sections 5122.44 to 5122.47 of the Revised Code:

(A)
"Compilation" means a written list of the following
information, as the department of
mental

behavioral

health

and
addiction services
is
able to reasonably ascertain, for every patient who was buried,
entombed, or inurned prior to March 31, 2005, in a cemetery located
on the grounds of or adjacent to the grounds of a public hospital:

(1)
Name;

(2)
Date of birth;

(3)
Date of death or burial;

(4)
Specific physical location of the burial, entombment, or inurnment,
including the plot or grave site number if available.

(B)
"Patient" means an individual who died while admitted to a
public hospital that was under the control of the department of

mental

behavioral

health

and
addiction services
.

(C)
"Record" has the same meaning as in section 149.011 of the
Revised Code.

(D)
"State agency" means every organized body, office, or
agency established by the laws of the state for the exercise of any
function of state government.

Sec.
5122.45.
The
department of
mental

behavioral

health

and
addiction services
shall
create a separate compilation for each cemetery located on the
grounds of or adjacent to the grounds of a public hospital that is
under the control of the department on March 31, 2005. The
compilation shall be created within a reasonable time not exceeding
three years after March 31, 2005. The department shall use its best
efforts to create the most complete compilations possible using
records in the department's possession and records obtained in
accordance with section 5122.46 of the Revised Code.

Sec.
5122.46.
The
Ohio history connection and each state agency shall, at the request
of the department of
mental

behavioral

health

and
addiction services
,
provide the department access to records and information in the
possession of the Ohio history connection or state agency for
purposes of creating compilations.

Sec.
5122.47.
The
department of
mental

behavioral

health

and
addiction services
shall
deposit a copy of each compilation with the Ohio history connection
and the state library as soon as a compilation is completed. The
department shall not disclose any record or information used to
create a compilation except as provided in sections 149.43 and
5122.31 of the Revised Code.

Sec.
5123.081.
(A)
As used in this section:

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

(i)
A person who is under final consideration for appointment to or
employment with the department of developmental disabilities or a
county board of developmental disabilities;

(ii)
A person who is being transferred to the department or a county
board;

(iii)
An employee who is being recalled to or reemployed by the department
or a county board after a layoff;

(iv)
A person under final consideration for a direct services position
with a provider or subcontractor.

(b)
Neither of the following is an applicant:

(i)
A person who is employed by a responsible entity in a position for
which a criminal records check is required by this section and either
is being considered for a different position with the responsible
entity or is returning after a leave of absence or seasonal break in
employment, unless the responsible entity has reason to believe that
the person has committed a disqualifying offense;

(ii)
A person who is to provide only respite care under a family support
services program established under section 5126.11 of the Revised
Code if a family member of the individual with a developmental
disability who is to receive the respite care selects the person.

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

(3)
"Direct services position" means an employment position in
which the employee has the opportunity to be alone with or exercises
supervision or control over one or more individuals with
developmental disabilities.

(4)
"Disqualifying offense" means any of the offenses listed or
described in divisions (A)(3)(a) to (e) of section 109.572 of the
Revised Code.

(5)(a)
"Employee" means either of the following:

(i)
A person appointed to or employed by the department of developmental
disabilities or a county board of developmental disabilities;

(ii)
A person employed in a direct services position by a provider or
subcontractor.

(b)
"Employee" does not mean a person who provides only respite
care under a family support services program established under
section 5126.11 of the Revised Code if a family member of the
individual with a developmental disability who receives the respite
care selected the person.

(6)
"Minor drug possession offense" has the same meaning as in
section 2925.01 of the Revised Code.

(7)
"Provider" means a person that provides specialized
services to individuals with developmental disabilities and employs
one or more persons in direct services positions.

(8)
"Responsible entity" means the following:

(a)
The department of developmental disabilities in the case of either of
the following:

(i)
A person who is an applicant because the person is under final
consideration for appointment to or employment with the department,
being transferred to the department, or being recalled to or
reemployed by the department after a layoff;

(ii)
A person who is an employee because the person is appointed to or
employed by the department.

(b)
A county board of developmental disabilities in the case of either of
the following:

(i)
A person who is an applicant because the person is under final
consideration for appointment to or employment with the county board,
being transferred to the county board, or being recalled to or
reemployed by the county board after a layoff;

(ii)
A person who is an employee because the person is appointed to or
employed by the county board.

(c)
A provider in the case of either of the following:

(i)
A person who is an applicant because the person is under final
consideration for a direct services position with the provider;

(ii)
A person who is an employee because the person is employed in a
direct services position by the provider.

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

(i)
A person who is an applicant because the person is under final
consideration for a direct services position with the subcontractor;

(ii)
A person who is an employee because the person is employed in a
direct services position by the subcontractor.

(9)
"Specialized services" means any program or service
designed and operated to serve primarily individuals with
developmental disabilities, including a program or service provided
by an entity licensed or certified by the department of developmental
disabilities. If there is a question as to whether a provider or
subcontractor is providing specialized services, the provider or
subcontractor may request that the director of developmental
disabilities make a determination. The director's determination is
final.

(10)
"Subcontractor" means a person to which both of the
following apply:

(a)
The person has either of the following:

(i)
A subcontract with a provider to provide specialized services
included in the contract between the provider and the department of
developmental disabilities or a county board of developmental
disabilities;

(ii)
A subcontract with another subcontractor to provide specialized
services included in a subcontract between the other subcontractor
and a provider or other subcontractor.

(b)
The person employs one or more persons in direct services positions.

(B)
A responsible entity shall not employ an applicant or continue to
employ an employee if either of the following applies:

(1)
The applicant or employee fails to comply with division (D)(3) of
this section.

(2)
Except as provided in rules adopted under this section, the applicant
or employee is found by a criminal records check required by this
section to have been convicted of, pleaded guilty to, or been found
eligible for intervention in lieu of conviction for a disqualifying
offense.

(C)
Before employing an applicant in a position for which a criminal
records check is required by this section, a responsible entity shall
require the applicant to submit a statement with the applicant's
signature attesting that the applicant has not been convicted of,
pleaded guilty to, or been found eligible for intervention in lieu of
conviction for a disqualifying offense. The responsible entity also
shall require the applicant to sign an agreement under which the
applicant agrees to notify the responsible entity within fourteen
calendar days if, while employed by the responsible entity, the
applicant is formally charged with, is convicted of, pleads guilty
to, or is found eligible for intervention in lieu of conviction for a
disqualifying offense. The agreement shall provide that the
applicant's failure to provide the notification may result in
termination of the applicant's employment.

(D)(1)
As a condition of employing any applicant in a position for which a
criminal records check is required by this section, a responsible
entity shall request the superintendent of the bureau of criminal
identification and investigation to conduct a criminal records check
of the applicant. If rules adopted under this section require an
employee to undergo a criminal records check, a responsible entity
shall request the superintendent to conduct a criminal records check
of the employee at times specified in the rules as a condition of the
responsible entity's continuing to employ the employee in a position
for which a criminal records check is required by this section. If an
applicant or employee does not present proof that the applicant or
employee has been a resident of this state for the five-year period
immediately prior to the date upon which the criminal records check
is requested, the responsible entity shall request that the
superintendent obtain information from the federal bureau of
investigation as a part of the criminal records check. If the
applicant or employee presents proof that the applicant or employee
has been a resident of this state for that five-year period, the
responsible entity may request that the superintendent include
information from the federal bureau of investigation in the criminal
records check. For purposes of this division, an applicant or
employee may provide proof of residency in this state by presenting,
with a
notarized

statement
asserting that the applicant or employee has been a resident of this
state for that five-year period, a valid driver's license,
notification of registration as an elector, a copy of an officially
filed federal or state tax form identifying the applicant's or
employee's permanent residence, or any other document the responsible
entity considers acceptable.

(2)
A responsible entity shall do all of the following:

(a)
Provide to each applicant and employee for whom a criminal records
check is required by this section a copy of the form prescribed
pursuant to division (C)(1) of section 109.572 of the Revised Code
and a standard impression sheet to obtain fingerprint impressions
prescribed pursuant to division (C)(2) of section 109.572 of the
Revised Code;

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

(c)
Forward the completed form and standard impression sheet to the
superintendent at the time the criminal records check is requested.

(3)
Any applicant or employee who receives pursuant to this division a
copy of the form prescribed pursuant to division (C)(1) of section
109.572 of the Revised Code and a copy of the standard impression
sheet prescribed pursuant to division (C)(2) of that section and who
is requested to complete the form and provide a set of the
applicant's or employee's fingerprint impressions shall complete the
form or provide all the information necessary to complete the form
and shall provide the standard impression sheet with the impressions
of the applicant's or employee's fingerprints.

(4)
A responsible entity shall pay to the bureau of criminal
identification and investigation the fee prescribed pursuant to
division (C)(3) of section 109.572 of the Revised Code for each
criminal records check requested and conducted pursuant to this
section.

(E)
A responsible entity may request any other state or federal agency to
supply the responsible entity with a written report regarding the
criminal record of an applicant or employee. If an employee holds an
occupational or professional license or other credentials, the
responsible entity may request that the state or federal agency that
regulates the employee's occupation or profession supply the
responsible entity with a written report of any information
pertaining to the employee's criminal record that the agency obtains
in the course of conducting an investigation or in the process of
renewing the employee's license or other credentials. The responsible
entity may consider the reports when determining whether to employ
the applicant or to continue to employ the employee.

(F)
As a condition of employing an applicant in a position for which a
criminal records check is required by this section and that involves
transporting individuals with developmental disabilities or operating
a responsible entity's vehicles for any purpose, the responsible
entity shall obtain the applicant's driving record from the bureau of
motor vehicles. If rules adopted under this section require a
responsible entity to obtain an employee's driving record, the
responsible entity shall obtain the employee's driving record from
the bureau at times specified in the rules as a condition of
continuing to employ the employee. The responsible entity may
consider the applicant's or employee's driving record when
determining whether to employ the applicant or to continue to employ
the employee.

(G)
A responsible entity may employ an applicant conditionally pending
receipt of a report regarding the applicant requested under this
section. The responsible entity shall request the report before
employing the applicant conditionally. The responsible entity shall
terminate the applicant's employment if it is determined from a
report that the applicant failed to inform the responsible entity
that the applicant had been convicted of, pleaded guilty to, or been
found eligible for intervention in lieu of conviction for a
disqualifying offense.

(H)
A responsible entity may charge an applicant a fee for costs the
responsible entity incurs in obtaining a report regarding the
applicant under this section if the responsible entity notifies the
applicant of the amount of the fee at the time of the applicant's
initial application for employment and that, unless the fee is paid,
the responsible entity will not consider the applicant for
employment. The fee shall not exceed the amount of the fee, if any,
the responsible entity pays for the report.

(I)(1)
Any report obtained pursuant to this section is not a public record
for purposes of section 149.43 of the Revised Code and shall not be
made available to any person, other than the following:

(a)
The applicant or employee who is the subject of the report or the
applicant's or employee's representative;

(b)
The responsible entity that requested the report or its
representative;

(c)
The department if a county board, provider, or subcontractor is the
responsible entity that requested the report and the department
requests the responsible entity to provide a copy of the report to
the department;

(d)
A county board if a provider or subcontractor is the responsible
entity that requested the report and the county board requests the
responsible entity to provide a copy of the report to the county
board;

(e)
Any court, hearing officer, or other necessary individual involved in
a case dealing with any of the following:

(i)
The denial of employment to the applicant or employee;

(ii)
The denial, suspension, or revocation of a certificate under section
5123.166 or 5123.45 of the Revised Code;

(iii)
A civil or criminal action regarding the medicaid program or a
program the department administers.

(2)
An applicant or employee for whom the responsible entity has obtained
reports under this section may submit a written request to the
responsible entity to have copies of the reports sent to any state
agency, entity of local government, or private entity. The applicant
or employee shall specify in the request the agencies or entities to
which the copies are to be sent. On receiving the request, the
responsible entity shall send copies of the reports to the agencies
or entities specified.

(3)
A responsible entity may request that a state agency, entity of local
government, or private entity send copies to the responsible entity
of any report regarding a records check or criminal records check
that the agency or entity possesses, if the responsible entity
obtains the written consent of the individual who is the subject of
the report.

(4)
A responsible entity shall provide each applicant and employee with a
copy of any report obtained about the applicant or employee under
this section.

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

(1)
The rules may do the following:

(a)
Require employees to undergo criminal records checks under this
section;

(b)
Require responsible entities to obtain the driving records of
employees under this section;

(c)
If the rules require employees to undergo criminal records checks,
require responsible entities to obtain the driving records of
employees, or both, exempt one or more classes of employees from the
requirements.

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

(a)
If the rules require employees to undergo criminal records checks,
require responsible entities to obtain the driving records of
employees, or both, specify the times at which the criminal records
checks are to be conducted and the driving records are to be
obtained;

(b)
Specify circumstances under which a responsible entity may employ an
applicant or employee who is found by a criminal records check
required by this section to have been convicted of, pleaded guilty
to, or been found eligible for intervention in lieu of conviction for
a disqualifying offense but meets standards in regard to
rehabilitation set by the director;

(c)
Require a responsible entity to request a criminal records check
under this section before employing an applicant conditionally as
permitted under division (G) of this section.

Sec.
5123.16.
(A)
As used in sections 5123.16 to
5123.1611

5123.1613

of
the Revised Code:

(1)
"Applicant" means any of the following:

(a)
The chief executive officer of a business that applies under section
5123.161 of the Revised Code for a certificate to provide supported
living;

(b)
The chief executive officer of a business that seeks renewal of the
business's supported living certificate under section 5123.164 of the
Revised Code;

(c)
An individual who applies under section 5123.161 of the Revised Code
for a certificate to provide supported living as an independent
provider;

(d)
An independent provider who seeks renewal of the independent
provider's supported living certificate under section 5123.164 of the
Revised Code.

(2)
"Business" means an association, corporation, nonprofit
organization, partnership, trust, or other group of persons.
"Business" does not mean an independent provider.

(3)
"Criminal records check" has the same meaning as in section
109.572 of the Revised Code.

(4)
"Disqualifying offense" means any of the offenses listed or
described in divisions (A)(3)(a) to (e) of section 109.572 of the
Revised Code.

(5)
"Independent provider" means a provider who provides
supported living on a self-employed basis and does not employ,
directly or through contract, another person to provide the supported
living.

(6)
"Provider" means a person or government entity certified by
the director of developmental disabilities to provide supported
living. For the purpose of division (A)(8) of this section,
"provider" includes a person or government entity that
seeks or previously held a certificate to provide supported living.

(7)
"Minor drug possession offense" has the same meaning as in
section 2925.01 of the Revised Code.

(8)
"Related party" means any of the following:

(a)
In the case of a provider who is an individual, any of the following:

(i)
The spouse of the provider;

(ii)
A parent or stepparent of the provider or provider's spouse;

(iii)
A child of the provider or provider's spouse;

(iv)
A sibling, half sibling, or stepsibling of the provider or provider's
spouse;

(v)
A grandparent of the provider or provider's spouse;

(vi)
A grandchild of the provider or provider's spouse.

(b)
In the case of a provider that is a person other than an individual,
any of the following:

(i)
Any person or government entity that directly or indirectly controls
the provider's day-to-day operations (including as a general manager,
business manager, financial manager, administrator, or director),
regardless of whether the person or government entity exercises the
control pursuant to a contract or other arrangement and regardless of
whether the person or government entity is required to file an
Internal Revenue Code form W-2 for the provider;

(ii)
An officer of the provider, including the chief executive officer,
president, vice-president, secretary, and treasurer;

(iii)
A member of the provider's board of directors or trustees;

(iv)
A person owning a financial interest of five per cent or more in the
provider, including a direct, indirect, security, or mortgage
financial interest;

(v)
The spouse, parent, stepparent, child, sibling, half sibling,
stepsibling, grandparent, or grandchild of any of the persons
specified in divisions (A)(8)(b)(i) to (iv) of this section;

(vi)
A person over which the provider has control of the day-to-day
operation;

(vii)
A corporation that has a subsidiary relationship with the provider.

(c)
In the case of a provider that is a government entity, any of the
following:

(i)
Any person or government entity that directly or indirectly controls
the provider's day-to-day operations (including as a general manager,
financial manager, administrator, or director), regardless of whether
the person or government entity exercises the control pursuant to a
contract or other arrangement;

(ii)
An officer of the provider;

(iii)
A member of the provider's governing board;

(iv)
A person or government entity over which the provider has control of
the day-to-day operation.

(B)
No person or government entity may provide supported living without a
valid supported living certificate issued by the director of
developmental disabilities.

(C)
A county board of developmental disabilities may provide supported
living only to the extent permitted by rules adopted under section
5123.1611 of the Revised Code.

Sec.
5123.168.
The
director of developmental disabilities
may
issue an adjudication order in accordance with Chapter 119. of the
Revised Code to
shall

terminate
a supported living certificate if the certificate holder has not
billed for supported living for
twelve

twenty-four

consecutive
months.
To
terminate a supported living certificate under this section, the
director shall send a notice by certified mail to the certificate
holder at the address on file with the department of developmental
disabilities explaining why the certificate is terminated.

Sec.
5123.169.
(A)
The director of developmental disabilities shall not issue a
supported living certificate to an applicant or renew an applicant's
supported living certificate if either of the following applies:

(1)
The applicant fails to comply with division (C)(2) of this section;

(2)
Except as provided in rules adopted under section 5123.1611 of the
Revised Code, the applicant is found by a criminal records check
required by this section to have been convicted of, pleaded guilty
to, or been found eligible for intervention in lieu of conviction for
a disqualifying offense.

(B)
Before issuing a supported living certificate to an applicant or
renewing an applicant's supported living certificate, the director
shall require the applicant to submit a statement with the
applicant's signature attesting that the applicant has not been
convicted of, pleaded guilty to, or been found eligible for
intervention in lieu of conviction for a disqualifying offense. The
director also shall require the applicant to sign an agreement under
which the applicant agrees to notify the director within fourteen
calendar days if, while holding a supported living certificate, the
applicant is formally charged with, is convicted of, pleads guilty
to, or is found eligible for intervention in lieu of conviction for a
disqualifying offense. The agreement shall provide that the
applicant's failure to provide the notification may result in action
being taken by the director against the applicant under section
5123.166 of the Revised Code.

(C)(1)
As a condition of receiving a supported living certificate or having
a supported living certificate renewed, an applicant shall request
the superintendent of the bureau of criminal identification and
investigation to conduct a criminal records check of the applicant.
If an applicant does not present proof to the director that the
applicant has been a resident of this state for the five-year period
immediately prior to the date that the applicant applies for issuance
or renewal of the supported living certificate, the director shall
require the applicant to request that the superintendent obtain
information from the federal bureau of investigation as a part of the
criminal records check. If the applicant presents proof to the
director that the applicant has been a resident of this state for
that five-year period, the director may require the applicant to
request that the superintendent include information from the federal
bureau of investigation in the criminal records check. For purposes
of this division, an applicant may provide proof of residency in this
state by presenting, with a
notarized

statement
asserting that the applicant has been a resident of this state for
that five-year period, a valid driver's license, notification of
registration as an elector, a copy of an officially filed federal or
state tax form identifying the applicant's permanent residence, or
any other document the director considers acceptable.

(2)
Each applicant shall do all of the following:

(a)
Obtain a copy of the form prescribed pursuant to division (C)(1) of
section 109.572 of the Revised Code and a standard impression sheet
prescribed pursuant to division (C)(2) of section 109.572 of the
Revised Code;

(b)
Complete the form and provide the applicant's fingerprint impressions
on the standard impression sheet;

(c)
Forward the completed form and standard impression sheet to the
superintendent at the time the criminal records check is requested;

(d)
Instruct the superintendent to submit the completed report of the
criminal records check directly to the director;

(e)
Pay to the bureau of criminal identification and investigation the
fee prescribed pursuant to division (C)(3) of section 109.572 of the
Revised Code for each criminal records check of the applicant
requested and conducted pursuant to this section.

(D)
The director may request any other state or federal agency to supply
the director with a written report regarding the criminal record of
an applicant. The director may consider the reports when determining
whether to issue a supported living certificate to the applicant or
to renew an applicant's supported living certificate.

(E)
An applicant who seeks to be an independent provider or is an
independent provider seeking renewal of the applicant's supported
living certificate shall obtain the applicant's driving record from
the bureau of motor vehicles and provide a copy of the record to the
director if the supported living that the applicant will provide
involves transporting individuals with developmental disabilities.
The director may consider the applicant's driving record when
determining whether to issue the applicant a supported living
certificate or to renew the applicant's supported living certificate.

(F)(1)
A report obtained pursuant to this section is not a public record for
purposes of section 149.43 of the Revised Code and shall not be made
available to any person, other than the following:

(a)
The applicant who is the subject of the report or the applicant's
representative;

(b)
The director or the director's representative;

(c)
Any court, hearing officer, or other necessary individual involved in
a case dealing with any of the following:

(i)
The denial of a supported living certificate or refusal to renew a
supported living certificate;

(ii)
The denial, suspension, or revocation of a certificate under section
5123.45 of the Revised Code;

(iii)
A civil or criminal action regarding the medicaid program.

(2)
An applicant for whom the director has obtained reports under this
section may submit a written request to the director to have copies
of the reports sent to any person or state or local government
entity. The applicant shall specify in the request the person or
entities to which the copies are to be sent. On receiving the
request, the director shall send copies of the reports to the persons
or entities specified.

(3)
The director may request that a person or state or local government
entity send copies to the director of any report regarding a records
check or criminal records check that the person or entity possesses,
if the director obtains the written consent of the individual who is
the subject of the report.

(4)
The director shall provide each applicant with a copy of any report
obtained about the applicant under this section.

Sec.
5123.1613.
(A)
A person who has been granted guardianship of an individual with a
developmental disability shall not provide supported living to that
individual either as an independent provider or as an employee or
contractor of a supported living certificate holder unless there is a
relationship by blood, adoption, or marriage between the guardian and
the individual.

(B)
A supported living certificate holder owned or operated by a guardian
of an individual with a developmental disability shall not provide
supported living to that individual unless there is a relationship by
blood, adoption, or marriage between the guardian and the individual.

Sec.
5123.191.
(A)
The court of common pleas or a judge thereof in the judge's county,
or the probate court, may appoint a receiver to take possession of
and operate a residential facility licensed by the department of
developmental disabilities, in causes pending in such courts
respectively, when conditions existing at the facility present a
substantial risk of physical or mental harm to residents and no other
remedies at law are adequate to protect the health, safety, and
welfare of the residents. Conditions at the facility that may present
such risk of harm include, but are not limited to, instances when any
of the following occur:

(1)
The residential facility is in violation of state or federal law or
regulations.

(2)
The facility has had its license revoked or procedures for revocation
have been initiated, or the facility is closing or intends to cease
operations.

(3)
Arrangements for relocating residents need to be made.

(4)
Insolvency of the operator, licensee, or landowner threatens the
operation of the facility.

(5)
The facility or operator has demonstrated a pattern and practice of
repeated violations of state or federal laws or regulations.

(B)
A court in which a petition is filed pursuant to this section shall
notify the person holding the license for the facility and the
department of developmental disabilities of the filing. The court
shall order the department to notify the facility owner, facility
operator, county board of developmental disabilities, facility
residents, and residents' parents and guardians of the filing of the
petition.

The
court shall provide a hearing on the petition within five court days
of the time it was filed, except that the court may appoint a
receiver prior to that time if it determines that the circumstances
necessitate such action. Following a hearing on the petition, and
upon a determination that the appointment of a receiver is warranted,
the court shall appoint a receiver and notify the department of
developmental disabilities and appropriate persons of this action.

(C)
A residential facility for which a receiver has been named is deemed
to be in compliance with section 5123.19 and Chapter 3721. of the
Revised Code for the duration of the receivership.

(D)
When the operating revenue of a residential facility in receivership
is insufficient to meet its operating expenses, including the cost of
bringing the facility into compliance with state or federal laws or
regulations, the court may order the state to provide necessary
funding, except as provided in division (K) of this section. The
state shall provide such funding, subject to the approval of the
controlling board. The court may also order the appropriate
authorities to expedite all inspections necessary for the issuance of
licenses or the certification of a facility, and order a facility to
be closed if it determines that reasonable efforts cannot bring the
facility into substantial compliance with the law.

(E)
In establishing a receivership, the court shall set forth the powers
and duties of the receiver. The court may generally authorize the
receiver to do all that is prudent and necessary to safely and
efficiently operate the residential facility within the requirements
of state and federal law, but shall require the receiver to obtain
court approval prior to making any single expenditure of more than
five thousand dollars to correct deficiencies in the structure or
furnishings of a facility. The court shall closely review the conduct
of the receiver it has appointed and shall require regular and
detailed reports. The receivership shall be reviewed at least every
sixty days.

(F)
A receivership established pursuant to this section shall be
terminated, following notification of the appropriate parties and a
hearing, if the court determines either of the following:

(1)
The residential facility has been closed and the former residents
have been relocated to an appropriate facility.

(2)
Circumstances no longer exist at the facility that present a
substantial risk of physical or mental harm to residents, and there
is no deficiency in the facility that is likely to create a future
risk of harm.

Notwithstanding
division (F)(2) of this section, the court shall not terminate a
receivership for a residential facility that has previously operated
under another receivership unless the responsibility for the
operation of the facility is transferred to an operator approved by
the court and the department of developmental disabilities.

(G)
The department of developmental disabilities may, upon its own
initiative or at the request of an owner, operator, or resident of a
residential facility, or at the request of a resident's guardian or
relative or a county board of developmental disabilities, petition
the court to appoint a receiver to take possession of and operate a
residential facility. When the department has been requested to file
a petition by any of the parties listed above, it shall, within
forty-eight hours of such request, either file such a petition or
notify the requesting party of its decision not to file. If the
department refuses to file, the requesting party may file a petition
with the court requesting the appointment of a receiver to take
possession of and operate a residential facility.

Petitions
filed pursuant to this division shall include the following:

(1)
A description of the specific conditions existing at the facility
which present a substantial risk of physical or mental harm to
residents;

(2)
A statement of the absence of other adequate remedies at law;

(3)
The number of individuals residing at the facility;

(4)
A statement that the facts have been brought to the attention of the
owner or licensee and that conditions have not been remedied within a
reasonable period of time or that the conditions, though remedied
periodically, habitually exist at the facility as a pattern or
practice;

(5)
The name and address of the person holding the license for the
facility and the address of the department of developmental
disabilities.

The
court may award to an operator appropriate costs and expenses,
including reasonable attorney's fees, if it determines that a
petitioner has initiated a proceeding in bad faith or merely for the
purpose of harassing or embarrassing the operator.

(H)
Except for the department of developmental disabilities or a county
board of developmental disabilities, no party or person interested in
an action shall be appointed a receiver pursuant to this section.

To
assist the court in identifying persons qualified to be named as
receivers, the director of developmental disabilities shall maintain
a list of the names of such persons. The director shall, in
accordance with Chapter 119. of the Revised Code, establish standards
for evaluating persons desiring to be included on such a list.

(I)
Before a receiver enters upon the duties of that person, the receiver
must be sworn to perform the duties of receiver faithfully, and, with
surety approved by the court, judge, or clerk, execute a bond to such
person, and in such sum as the court or judge directs, to the effect
that such receiver will faithfully discharge the duties of receiver
in the action, and obey the orders of the court therein.

(J)
Under the control of the appointing court, a receiver may bring and
defend actions in the receiver's own name as receiver and take and
keep possession of property.

The
court shall authorize the receiver to do the following:

(1)
Collect payment for all goods and services provided to the residents
or others during the period of the receivership at the same rate as
was charged by the licensee at the time the petition for receivership
was filed, unless a different rate is set by the court;

(2)
Honor all leases, mortgages, and secured transactions governing all
buildings, goods, and fixtures of which the receiver has taken
possession and continues to use, subject to the following conditions:

(a)
In the case of a rental agreement, only to the extent of payments
that are for the use of the property during the period of the
receivership;

(b)
In the case of a purchase agreement only to the extent of payments
that come due during the period of the receivership.

(3)
If transfer of residents is necessary, provide for the orderly
transfer of residents by doing the following:

(a)
Cooperating with all appropriate state and local agencies in carrying
out the transfer of residents to alternative community placements;

(b)
Providing for the transportation of residents' belongings and
records;

(c)
Helping to locate alternative placements and develop discharge plans;

(d)
Preparing residents for the trauma of discharge;

(e)
Permitting residents or guardians to participate in transfer or
discharge planning except when an emergency exists and immediate
transfer is necessary.

(4)
Make periodic reports on the status of the residential program to the
appropriate state agency, county board of developmental disabilities,
parents, guardians, and residents;

(5)
Compromise demands or claims;

(6)
Generally do such acts respecting the residential facility as the
court authorizes.

(K)
Neither the receiver nor the department of developmental disabilities
is liable for debts incurred by the owner or operator of a
residential facility for which a receiver has been appointed.

(L)
The department of developmental disabilities may contract for the
operation of a residential facility in receivership. The department
shall establish the conditions of a contract. Notwithstanding any
other provision of law, contracts that are necessary to carry out the
powers and duties of the receiver need not be competitively bid.

(M)
The department of developmental disabilities, the department of
job
and family services
children
and youth
,
and the department of health shall provide technical assistance to
any receiver appointed pursuant to this section.

Sec.
5123.41.
As
used in this section and sections 5123.42 to 5123.47 of the Revised
Code:

(A)
"Adult services" has the same meaning as in section 5126.01
of the Revised Code.

(B)
"Certified supported living provider" means a person or
government entity certified under section 5123.161 of the Revised
Code.

(C)
"Drug" has the same meaning as in section 4729.01 of the
Revised Code.

(D)

"Family
member" means a parent, sibling, spouse, son, daughter,
grandparent, aunt, uncle, cousin, or guardian of an individual with a
developmental disability if the individual with a developmental
disability lives with the person and is dependent on the person to
the extent that, if the supports were withdrawn, another living
arrangement would have to be found.

(E)

"Family
support services" has the same meaning as in section 5126.01 of
the Revised Code.

(E)
(F)

"Health-related activities" means the following:

(1)
Taking vital signs;

(2)
Application of clean dressings that do not require health assessment;

(3)
Basic measurement of bodily intake and output;

(4)
Oral suctioning;

(5)
Use of glucometers;

(6)
External urinary catheter cleaning;

(7)
Emptying and replacing ostomy bags;

(8)
Collection of specimens by noninvasive means;

(9)
Pulse oximetry reading;

(10)
Use of continuous positive airway pressure machines;

(11)
Application of percussion vests;

(12)
Use of cough assist devices and insufflators;

(13)
Application of prescribed compression hosiery.

(F)
(G)

"Licensed health professional authorized to prescribe drugs"
has the same meaning as in section 4729.01 of the Revised Code.

(G)
(H)

"Metered dose inhaled medication" means a premeasured
medication administered by inhalation using a hand-held dispenser or
aerosol nebulizer.

(H)
(I)

"Developmental disabilities personnel" means the employees
and the workers under contract who provide specialized services to
individuals with developmental disabilities. "Developmental
disabilities personnel" includes those who provide the services
as follows:

(1)
Through direct employment with the department of developmental
disabilities or a county board of developmental disabilities;

(2)
Through an entity under contract with the department of developmental
disabilities or a county board of developmental disabilities;

(3)
Through direct employment or by being under contract with private
entities, including private entities that operate residential
facilities.

(I)
(J)

"Nursing delegation" means the process established in rules
adopted by the board of nursing pursuant to Chapter 4723. of the
Revised Code under which a registered nurse or licensed practical
nurse acting at the direction of a registered nurse transfers the
performance of a particular nursing activity or task to another
person who is not otherwise authorized to perform the activity or
task.

(J)
(K)

"Over-the-counter medication" means a drug that may be sold
and purchased without a prescription.

(K)
(L)

"Prescribed medication" means a drug that is to be
administered according to the instructions of a licensed health
professional authorized to prescribe drugs.

(L)
(M)

"Residential facility" means a facility licensed under
section 5123.19 of the Revised Code.

(M)
(N)

"Specialized services" has the same meaning as in section
5123.50 of the Revised Code.

(N)
(O)

"Topical over-the-counter musculoskeletal medication" means
an over-the-counter medication that is applied topically or passes
through the skin to provide relief from discomfort in the muscles,
joints, or bones.

Sec.
5123.42.
(A)
Developmental disabilities personnel who are not specifically
authorized by other provisions of the Revised Code to administer
medications or perform health-related activities may do so pursuant
to this section as part of the specialized services the developmental
disabilities personnel provide to individuals with developmental
disabilities in the following categories:

(1)
Recipients of early intervention, preschool, and school-age services
offered or provided pursuant to this chapter or Chapter 5126. of the
Revised Code;

(2)
Recipients of adult services, if the services are received in a
setting where seventeen or more individuals receive the services and
the services are offered or provided pursuant to this chapter or
Chapter 5126. of the Revised Code;

(3)
Recipients of adult services, if the services are received in a
setting where not more than sixteen individuals receive the services
and the services are offered or provided pursuant to this chapter or
Chapter 5126. of the Revised Code;

(4)
Recipients of family support services offered or provided pursuant to
this chapter or Chapter 5126. of the Revised Code;

(5)
Recipients of services from certified supported living providers, if
the services are offered or provided pursuant to this chapter or
Chapter 5126. of the Revised Code;

(6)
Recipients of residential support services from certified home and
community-based services providers, if the services are received in a
community living arrangement that includes not more than four
individuals with developmental disabilities and the services are
offered or provided pursuant to this chapter or Chapter 5126. of the
Revised Code;

(7)
Recipients of services not included in divisions (A)(1) to (6) of
this section that are offered or provided pursuant to this chapter or
Chapter 5126. of the Revised Code;

(8)
Residents of a residential facility with not more than five resident
beds;

(9)
Residents of a residential facility with at least six resident beds.

(B)(1)
In the case of individuals described in divisions (A)(1) to (9) of
this section, developmental disabilities personnel may do all of the
following without nursing delegation and without a certificate issued
under section 5123.45 of the Revised Code:

(a)
Activate a
vagal

vagus

nerve
stimulator;

(b)

Use
an epinephrine autoinjector to
To

treat
anaphylaxis
,
administer prescribed epinephrine either by autoinjector or
intranasally
;

(c)
Administer topical over-the-counter medications for the purpose of
cleaning, protecting, or comforting the skin, hair, nails, teeth, or
oral surfaces, but not for the purpose of treating an open wound or a
condition that requires a medical diagnosis, including a fungal
infection.

(2)
The authority of developmental disabilities personnel to
activate
a vagal nerve stimulator, use an epinephrine autoinjector, and

perform
the health-related activity or
administer

topical
over-the-counter
the

medications

described
in division (B)(1) of this section
is
subject to all of the following:

(a)

To
activate a vagal nerve stimulator or use an epinephrine autoinjector,
developmental
Developmental

disabilities
personnel shall successfully complete the training course or courses
developed under section 5123.43 of the Revised Code for developmental
disabilities personnel. Developmental disabilities personnel shall

activate
a vagal nerve stimulator or use an epinephrine autoinjector
perform
the health-related activity or administer the medications described
in division (B)(1) of this section
only
as authorized by the training completed.

(b)
The employer of developmental disabilities personnel shall ensure
that the personnel have been trained specifically with respect to
each individual for whom they
activate
a vagal nerve stimulator or use an epinephrine autoinjector
perform
the health-related activity or administer the medications described
in division (B)(1) of this section
.
Developmental disabilities personnel shall not
activate
a vagal nerve stimulator or use an epinephrine autoinjector
perform
such an activity or administer such medications
for
any individual for whom they have not been specifically trained.

(c)
If the employer of developmental disabilities personnel believes that
the personnel have not or will not safely
activate
a vagal nerve stimulator or use an epinephrine autoinjector
perform
the health-related activity or administer the medications described
in division (B)(1) of this section
,
the employer shall prohibit the developmental disabilities personnel
from continuing or commencing to do so. Developmental disabilities
personnel shall not engage in the action or actions subject to an
employer's prohibition.

(d)
Developmental disabilities personnel shall activate a
vagal

vagus

nerve
stimulator,
use
an
administer
prescribed
epinephrine

either
by
autoinjector

or
intranasally
,
or administer topical over-the-counter medications in accordance with
the manufacturer's instructions.

(C)(1)
In the case of recipients of early intervention, preschool, and
school-age services, as specified in division (A)(1) of this section,
all of the following apply:

(a)
With nursing delegation, developmental disabilities personnel may
perform health-related activities.

(b)
With nursing delegation, developmental disabilities personnel may
administer oral and topical prescribed medications and topical
over-the-counter musculoskeletal medications.

(c)
With nursing delegation, developmental disabilities personnel may
administer oxygen and metered dose inhaled medications.

(d)
With nursing delegation, developmental disabilities personnel may
administer prescribed medications through gastrostomy and jejunostomy
tubes, if the tubes being used are stable and labeled.

(e)
With nursing delegation, developmental disabilities personnel may
administer routine doses of insulin through subcutaneous injections,
inhalation, and insulin pumps.

(f)
With nursing delegation, developmental disabilities personnel may
administer prescribed medications for the treatment of metabolic
glycemic disorders through subcutaneous injections.

(2)
In the case of individuals described in divisions (A)(2), (7), and
(9) of this section, all of the following apply:

(a)
With nursing delegation, developmental disabilities personnel may
perform health-related activities.

(b)
With nursing delegation, developmental disabilities personnel may
administer oral and topical prescribed medications and topical
over-the-counter musculoskeletal medications.

(c)
With nursing delegation, developmental disabilities personnel may
administer oxygen and metered dose inhaled medications.

(d)
With nursing delegation, developmental disabilities personnel may
administer prescribed medications through gastrostomy and jejunostomy
tubes, if the tubes being used are stable and labeled.

(e)
With nursing delegation, developmental disabilities personnel may
administer routine doses of insulin through subcutaneous injections,
inhalation, and insulin pumps.

(f)
With nursing delegation, developmental disabilities personnel may
administer prescribed medications for the treatment of metabolic
glycemic disorders through subcutaneous injections.

(3)
In the case of individuals described in divisions (A)(3), (4), (5),
(6), and (8) of this section, all of the following apply:

(a)
Without nursing delegation, developmental disabilities personnel may
perform health-related activities.

(b)
Without nursing delegation, developmental disabilities personnel may
administer oral and topical prescribed medications and topical
over-the-counter musculoskeletal medications.

(c)
Without nursing delegation, developmental disabilities personnel may
administer oxygen and metered dose inhaled medications.

(d)
With nursing delegation, developmental disabilities personnel may
administer prescribed medications through gastrostomy and jejunostomy
tubes, if the tubes being used are stable and labeled.

(e)
With nursing delegation, developmental disabilities personnel may
administer routine doses of insulin through subcutaneous injections,
inhalation, and insulin pumps.

(f)
With nursing delegation, developmental disabilities personnel may
administer prescribed medications for the treatment of metabolic
glycemic disorders through subcutaneous injections.

(D)
The authority of developmental disabilities personnel to administer
medications and perform health-related activities pursuant to
division (C) of this section is subject to all of the following:

(1)
To administer medications or perform health-related activities for
individuals in the categories specified under divisions (A)(1) to (9)
of this section, developmental disabilities personnel shall obtain
the certificate or certificates required by the department of
developmental disabilities and issued under section 5123.45 of the
Revised Code. Developmental disabilities personnel shall administer
medications and perform health-related activities only as authorized
by the certificate or certificates held.

(2)
If nursing delegation is required under division (C) of this section,
developmental disabilities personnel shall not act without nursing
delegation or in a manner that is inconsistent with the delegation.

(3)
The employer of developmental disabilities personnel shall ensure
that the personnel have been trained specifically with respect to
each individual for whom they administer medications or perform
health-related activities. Developmental disabilities personnel shall
not administer medications or perform health-related activities for
any individual for whom they have not been specifically trained.

(4)
If the employer of developmental disabilities personnel believes that
the developmental disabilities personnel have not or will not safely
administer medications or perform health-related activities, the
employer shall prohibit the
the

personnel
from continuing or commencing to do so. Developmental disabilities
personnel shall not engage in the action or actions subject to an
employer's prohibition.

(E)
In accordance with section 5123.46 of the Revised Code, the
department of developmental disabilities shall adopt rules governing
its implementation of this section. The rules shall include the
following:

(1)
Requirements for documentation of the administration of medications
and performance of health-related activities by developmental
disabilities personnel pursuant to the authority granted under this
section;

(2)
Procedures for reporting errors that occur in the administration of
medications and performance of health-related activities by
developmental disabilities personnel pursuant to the authority
granted under this section;

(3)
Other standards and procedures the department considers necessary for
implementation of this section.

Sec.
5123.423.
A
family member may administer medications or perform health-related
activities as described in section 5123.42 of the Revised Code
without either of the following: nursing delegation or a certificate
issued under section 5123.45 of the Revised Code.

Sec.
5123.47.
(A)
As used in this section:

(1)
"In-home care" means the supportive services provided
within the home of an individual with a developmental disability who
receives funding for the services through a county board of
developmental disabilities, including any recipient of residential
services funded as home and community-based services, family support
services provided under section 5126.11 of the Revised Code, or
supported living provided in accordance with sections 5126.41 to
5126.47 of the Revised Code. "In-home care" includes care
that is provided outside an individual's home in places incidental to
the home, and while traveling to places incidental to the home,
except that "in-home care" does not include care provided
in the facilities of a county board of developmental disabilities or
care provided in schools.

(2)
"Parent" means either parent of a child, including an
adoptive parent but not a foster parent.

(3)
"Unlicensed in-home care worker" means an individual who
provides in-home care
on
a self-employed basis and does not employ, either directly or through
contract, another person to provide the in-home care,
but

who

is
not a health care professional.

(4)

"Family
member" means a parent, sibling, spouse, son, daughter,
grandparent, aunt, uncle, cousin, or guardian of the individual with
a developmental disability if the individual with a developmental
disability lives with the person and is dependent on the person to
the extent that, if the supports were withdrawn, another living
arrangement would have to be found.

(5)

"Health
care professional" means any of the following:

(a)
A dentist who holds a valid license issued under Chapter 4715. of the
Revised Code;

(b)
A registered or licensed practical nurse who holds a valid license
issued under Chapter 4723. of the Revised Code;

(c)
An optometrist who holds a valid license issued under Chapter 4725.
of the Revised Code;

(d)
A pharmacist who holds a valid license issued under Chapter 4729. of
the Revised Code;

(e)
A person who holds a valid license or certificate issued under
Chapter 4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery, podiatric medicine and surgery, or
a limited brand of medicine;

(f)
A physician assistant who holds a valid license issued under Chapter
4730. of the Revised Code;

(g)
An occupational therapist or occupational therapy assistant or a
physical therapist or physical therapist assistant who holds a valid
license issued under Chapter 4755. of the Revised Code;

(h)
A respiratory care professional who holds a valid license issued
under Chapter 4761. of the Revised Code;

(i)
A certified mental health assistant who holds a valid license issued
under Chapter 4772. of the Revised Code.

(6)
(5)

"Health care task" means a task that is prescribed,
ordered,
delegated,

or
otherwise directed by a health care professional acting within the
scope of the professional's practice. "Health care task"
includes the administration of
oral
and topical prescribed
medications
;
administration of nutrition and medications through gastrostomy and
jejunostomy tubes that are stable and labeled; administration of
oxygen and metered dose inhaled medications; administration of
insulin through subcutaneous injections, inhalation, and insulin
pumps; and administration of prescribed medications for the treatment
of metabolic glycemic disorders through subcutaneous injections
.

(B)
Except as provided in division
(E)
(F)

of this section, a family member of an individual with a
developmental disability may authorize an unlicensed in-home care
worker to perform health care tasks as part of the in-home care the
worker provides to the individual, if all of the following apply:

(1)
The family member is the primary supervisor of the care.

(2)

At
the time the family member both authorizes the unlicensed in-home
care worker to perform health care tasks and supervises the care
provided to the individual, the family member is not acting as a paid
provider for the individual.

(3)

The
unlicensed in-home care worker has been selected by the family member
or the individual receiving care and is under the direct supervision
of the family member.

(3)
The unlicensed in-home care worker is providing the care through an
employment or other arrangement entered into directly with the family
member and is not otherwise employed by or under contract with a
person or government entity to provide services to individuals with
developmental disabilities.

(4)
The health care task is completed in accordance with standard,
written instructions.

(5)
Performance of the health care task requires no judgment based on
specialized health care knowledge or expertise.

(6)
The outcome of the health care task is reasonably predictable.

(7)
Performance of the health care task requires no complex observation
of the individual receiving the care.

(8)
Improper performance of the health care task will result in only
minimal complications that are not life-threatening.

(C)
A family member
who
authorizes an unlicensed in-home care worker to perform health care
tasks under this section
shall

obtain

do
all of the following:

(1)
Obtain
a
prescription, if applicable, and written instructions from a health
care professional for the care to be provided to the individual
.
The family member shall authorize
;

(2)
Authorize

the unlicensed in-home care worker to provide the care by preparing a
written document granting the authority
.
The family member shall provide
;

(3)
Provide
the
unlicensed in-home care worker with appropriate training and written
instructions in accordance with the instructions obtained from the
health care professional
.
The family member or a health care professional shall be
;

(4)
Be
available
to communicate with the unlicensed in-home care worker either in
person or by telecommunication while the in-home care worker performs
a health care task.

(D)

Before
an unlicensed in-home care worker may perform the health care tasks
authorized by a family member under this section, the worker shall
accept the written document described in division (C)(2) of this
section granting the worker that authority.

(E)

A
family member who authorizes an unlicensed in-home care worker to

administer
oral and topical prescribed medications or
perform

other

health
care tasks retains full responsibility for the health and safety of
the individual receiving the care and for ensuring that the worker
provides the care appropriately and safely. No entity that funds or
monitors the provision of in-home care may be held liable for the
results of the care provided under this section by an unlicensed
in-home care worker, including such entities as the county board of
developmental disabilities and the department of developmental
disabilities.

An
unlicensed in-home care worker who is authorized under this section
by a family member to provide care to an individual may not be held
liable for any injury caused in providing the care, unless the worker
provides the care in a manner that is not in accordance with the
training and instructions received or the worker acts in a manner
that constitutes willful or wanton misconduct.

(E)
(F)

A county board of developmental disabilities may evaluate the
authority granted by a family member under this section to an
unlicensed in-home care worker at any time it considers necessary and
shall evaluate the authority on receipt of a complaint.
If

In
evaluating the authority, the board shall use appropriately licensed
health care professionals.

If,
after its evaluation,
the
board determines that a family member has acted in a manner that is
inappropriate for the health and safety of the individual receiving
the care,
then
all of
the

following
apply:

(1)
The
authorization
granted by the family member to an unlicensed in-home care worker is
void
,
and the
.

(2)
The
family
member may not authorize other unlicensed in-home care workers to
provide the care.

In
making such a determination, the

(3)
The
board
shall
use

authorize

appropriately
licensed
health
care professionals and
or
certified providers to instead perform the health care tasks.

(4)
The board
shall
provide the family member an opportunity to file a complaint under
section 5126.06 of the Revised Code.

Sec.
5124.15.
(A)
Except as otherwise provided by section 5124.101 of the Revised Code,
sections 5124.151 to 5124.154 of the Revised Code, and division (B)
of this section, the total per medicaid day payment rate that the
department of developmental disabilities shall pay to an ICF/IID
provider for ICF/IID services the provider's ICF/IID provides during
a fiscal year shall equal the sum of all of the following:

(1)
The per medicaid day capital component rate determined for the
ICF/IID under section 5124.17 of the Revised Code;

(2)
The per medicaid day direct care costs component rate determined for
the ICF/IID under section 5124.19 of the Revised Code;

(3)
The per medicaid day indirect care costs component rate determined
for the ICF/IID under section 5124.21 of the Revised Code;

(4)
The per medicaid day other protected costs component rate determined
for the ICF/IID under section 5124.23 of the Revised Code;

(5)
The sum of the following:

(a)
The per medicaid day quality incentive payment determined for the
ICF/IID under section 5124.24 of the Revised Code;

(b)
A direct support personnel payment equal to two and four-hundredths
per cent of the ICF/IID's desk-reviewed, actual, allowable, per
medicaid day direct care costs from the applicable cost report year;

(c)

A

For
state fiscal year 2026, a
professional
workforce development payment equal to
thirteen
and fifty-five hundredths for state fiscal year 2024 and twenty and
eighty-one hundredths during fiscal year 2025
ten
and four hundred five thousandths
per
cent of the ICF/IID's desk-reviewed, actual, allowable, per medicaid
day direct care costs from the applicable cost report year.

(B)
The department shall adjust the total per medicaid day payment rate
otherwise determined for an ICF/IID under this section as directed by
the general assembly through the enactment of law governing medicaid
payments to ICF/IID providers.

(C)(1)
In addition to paying an ICF/IID provider the total per medicaid day
payment rate determined for the provider's ICF/IID under divisions
(A) and (B) of this section for a fiscal year, the department may do
either or both of the following:

(a)
In accordance with section 5124.25 of the Revised Code, pay the
provider a rate add-on for ventilator-dependent outlier ICF/IID
services if the rate add-on is to be paid under that section and the
department approves the provider's application for the rate add-on;

(b)
In accordance with section 5124.26 of the Revised Code, pay the
provider for outlier ICF/IID services the ICF/IID provides to
residents identified as needing intensive behavioral health support
services if the rate add-on is to be paid under that section and the
department approves the provider's application for the rate add-on.

(2)
The rate add-ons are not to be part of the ICF/IID's total per
medicaid day payment rate.

Sec.
5126.222.
(A)
A superintendent of a county board of developmental disabilities
shall ensure that a service and support administrator, a conditional
status service and support administrator, and a service and support
administration supervisor successfully completes a web-based training
program established by the department of developmental disabilities
not later than thirty days after being hired. The training shall
include all of the following topics:

(1)
Empowering individuals serviced through the development of
person-centered individual service plans;

(2)
Coordinating services;

(3)
Enhancing team effectiveness;

(4)
Understanding medicaid;

(5)
An overview of ICFs/IID;

(6)
An overview of medicaid home and community-based services waivers
administered by the department of developmental disabilities and
county boards of developmental disabilities, including self-directed
services, budget authority, and employer authority;

(7)
Targeted case management;

(8)
Employment navigation.

(B)
Before a superintendent of a county board of developmental
disabilities renews the certification of a service and support
administrator or service and support administration supervisor, the
superintendent shall ensure that the renewal applicant has
successfully completed the training program described in division (A)
of this section.

Sec.
5139.05.
(A)
The juvenile court may commit any child to the department of youth
services as authorized in Chapter 2152. of the Revised Code, provided
that any child so committed shall be at least ten years of age at the
time of the child's delinquent act, and, if the child is ten or
eleven years of age, the delinquent act is a violation of section
2909.03 of the Revised Code or would be aggravated murder, murder, or
a first or second degree felony offense of violence if committed by
an adult. Any order to commit a child to an institution under the
control and management of the department shall have the effect of
ordering that the child be committed to the department and assigned
to an institution or placed in a community corrections facility in
accordance with division (E) of section 5139.36 of the Revised Code
as follows:

(1)
For an indefinite term consisting of the prescribed minimum period
specified by the court under division (A)(1) of section 2152.16 of
the Revised Code and a maximum period not to exceed the child's
attainment of twenty-one years of age, if the child was committed
pursuant to section 2152.16 of the Revised Code;

(2)
Until the child's attainment of twenty-one years of age, if the child
was committed for aggravated murder or murder pursuant to section
2152.16 of the Revised Code;

(3)
For a period of commitment that shall be in addition to, and shall be
served consecutively with and prior to, a period of commitment
described in division (A)(1) or (2) of this section, if the child was
committed pursuant to section 2152.17 of the Revised Code;

(4)
If the child is ten or eleven years of age, to an institution, a
residential care facility, a residential facility, or a facility
licensed by the department of
job
and family services
children
and youth
that
the department of youth services considers best designated for the
training and rehabilitation of the child and protection of the
public. The child shall be housed separately from children who are
twelve years of age or older until the child is released or
discharged or until the child attains twelve years of age, whichever
occurs first. Upon the child's attainment of twelve years of age, if
the child has not been released or discharged, the department is not
required to house the child separately.

(B)(1)
Except as otherwise provided in section 5139.54 of the Revised Code,
the release authority of the department of youth services, in
accordance with section 5139.51 of the Revised Code and at any time
after the end of the minimum period specified under division (A)(1)
of section 2152.16 of the Revised Code, may grant the release from
custody of any child committed to the department.

The
order committing a child to the department of youth services shall
state that the child has been adjudicated a delinquent child and
state the minimum period. The jurisdiction of the court terminates at
the end of the minimum period except as follows:

(a)
In relation to judicial release procedures, supervision, and
violations;

(b)
With respect to functions of the court related to the revocation of
supervised release that are specified in sections 5139.51 and 5139.52
of the Revised Code;

(c)
In relation to its duties relating to serious youthful offender
dispositional sentences under sections 2152.13 and 2152.14 of the
Revised Code.

(2)
When a child has been committed to the department under section
2152.16 of the Revised Code, the department shall retain legal
custody of the child until one of the following:

(a)
The department discharges the child to the exclusive management,
control, and custody of the child's parent or the guardian of the
child's person or, if the child is eighteen years of age or older,
discharges the child.

(b)
The committing court, upon its own motion, upon petition of the
parent, guardian of the person, or next friend of a child, or upon
petition of the department, terminates the department's legal custody
of the child.

(c)
The committing court grants the child a judicial release to court
supervision under section 2152.22 of the Revised Code.

(d)
The department's legal custody of the child is terminated
automatically by the child attaining twenty-one years of age.

(e)
If the child is subject to a serious youthful offender dispositional
sentence, the adult portion of that dispositional sentence is imposed
under section 2152.14 of the Revised Code.

(C)
When a child is committed to the department of youth services, the
department may assign the child to a hospital for mental, physical,
and other examination, inquiry, or treatment for the period of time
that is necessary. The department may remove any child in its custody
to a hospital for observation, and a complete report of every
observation at the hospital shall be made in writing and shall
include a record of observation, treatment, and medical history and a
recommendation for future treatment, custody, and maintenance. The
department shall thereupon order the placement and treatment that it
determines to be most conducive to the purposes of Chapters 2151. and
5139. of the Revised Code. The committing court and all public
authorities shall make available to the department all pertinent data
in their possession with respect to the case.

(D)
Records maintained by the department of youth services pertaining to
the children in its custody shall be accessible only to department
employees, except by consent of the department, upon the order of the
judge of a court of record, or as provided in divisions (D)(1) and
(2) of this section. These records shall not be considered "public
records," as defined in section 149.43 of the Revised Code.

(1)
Except as otherwise provided by a law of this state or the United
States, the department of youth services may release records that are
maintained by the department of youth services and that pertain to
children in its custody to the department of rehabilitation and
correction regarding persons who are under the jurisdiction of the
department of rehabilitation and correction and who have previously
been committed to the department of youth services. The department of
rehabilitation and correction may use those records for the limited
purpose of carrying out the duties of the department of
rehabilitation and correction. Records released by the department of
youth services to the department of rehabilitation and correction
shall remain confidential and shall not be considered public records
as defined in section 149.43 of the Revised Code.

(2)
The department of youth services shall provide to the superintendent
of the school district in which a child discharged or released from
the custody of the department is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code the records described
in divisions (D)(4)(a) to (d) of section 2152.18 of the Revised Code.
Subject to the provisions of section 3319.321 of the Revised Code and
the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, as
amended, the records released to the superintendent shall remain
confidential and shall not be considered public records as defined in
section 149.43 of the Revised Code.

(E)(1)
When a child is committed to the department of youth services, the
department, orally or in writing, shall notify the parent, guardian,
or custodian of a child that the parent, guardian, or custodian may
request at any time from the superintendent of the institution in
which the child is located any of the information described in
divisions (E)(1)(a), (b), (c), and (d) of this section. The parent,
guardian, or custodian may provide the department with the name,
address, and telephone number of the parent, guardian, or custodian,
and, until the department is notified of a change of name, address,
or telephone number, the department shall use the name, address, and
telephone number provided by the parent, guardian, or custodian to
provide notices or answer inquiries concerning the following
information:

(a)
When the department of youth services makes a permanent assignment of
the child to a facility, the department, orally or in writing and on
or before the third business day after the day the permanent
assignment is made, shall notify the parent, guardian, or custodian
of the child of the name of the facility to which the child has been
permanently assigned.

If
a parent, guardian, or custodian of a child who is committed to the
department of youth services requests, orally or in writing, the
department to provide the parent, guardian, or custodian with the
name of the facility in which the child is currently located, the
department, orally or in writing and on or before the next business
day after the day on which the request is made, shall provide the
name of that facility to the parent, guardian, or custodian.

(b)
If a parent, guardian, or custodian of a child who is committed to
the department of youth services, orally or in writing, asks the
superintendent of the institution in which the child is located
whether the child is being disciplined by the personnel of the
institution, what disciplinary measure the personnel of the
institution are using for the child, or why the child is being
disciplined, the superintendent or the superintendent's designee, on
or before the next business day after the day on which the request is
made, shall provide the parent, guardian, or custodian with written
or oral responses to the questions.

(c)
If a parent, guardian, or custodian of a child who is committed to
the department of youth services, orally or in writing, asks the
superintendent of the institution in which the child is held whether
the child is receiving any medication from personnel of the
institution, what type of medication the child is receiving, or what
condition of the child the medication is intended to treat, the
superintendent or the superintendent's designee, on or before the
next business day after the day on which the request is made, shall
provide the parent, guardian, or custodian with oral or written
responses to the questions.

(d)
When a major incident occurs with respect to a child who is committed
to the department of youth services, the department, as soon as
reasonably possible after the major incident occurs, shall notify the
parent, guardian, or custodian of the child that a major incident has
occurred with respect to the child and of all the details of that
incident that the department has ascertained.

(2)
The failure of the department of youth services to provide any
notification required by or answer any requests made pursuant to
division (E) of this section does not create a cause of action
against the state.

(F)
The department of youth services, as a means of punishment while the
child is in its custody, shall not prohibit a child who is committed
to the department from seeing that child's parent, guardian, or
custodian during standard visitation periods allowed by the
department of youth services unless the superintendent of the
institution in which the child is held determines that permitting
that child to visit with the child's parent, guardian, or custodian
would create a safety risk to that child, that child's parents,
guardian, or custodian, the personnel of the institution, or other
children held in that institution.

(G)
As used in this section:

(1)
"Permanent assignment" means the assignment or transfer for
an extended period of time of a child who is committed to the
department of youth services to a facility in which the child will
receive training or participate in activities that are directed
toward the child's successful rehabilitation. "Permanent
assignment" does not include the transfer of a child to a
facility for judicial release hearings pursuant to section 2152.22 of
the Revised Code or for any other temporary assignment or transfer to
a facility.

(2)
"Major incident" means the escape or attempted escape of a
child who has been committed to the department of youth services from
the facility to which the child is assigned; the return to the
custody of the department of a child who has escaped or otherwise
fled the custody and control of the department without authorization;
the allegation of any sexual activity with a child committed to the
department; physical injury to a child committed to the department as
a result of alleged abuse by department staff; an accident resulting
in injury to a child committed to the department that requires
medical care or treatment outside the institution in which the child
is located; the discovery of a controlled substance upon the person
or in the property of a child committed to the department; a suicide
attempt by a child committed to the department; a suicide attempt by
a child committed to the department that results in injury to the
child requiring emergency medical services outside the institution in
which the child is located; the death of a child committed to the
department; an injury to a visitor at an institution under the
control of the department that is caused by a child committed to the
department; and the commission or suspected commission of an act by a
child committed to the department that would be an offense if
committed by an adult.

(3)
"Sexual activity" has the same meaning as in section
2907.01 of the Revised Code.

(4)
"Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.

(5)
"Residential care facility" and "residential facility"
have the same meanings as in section 2151.011 of the Revised Code.

Sec.
5139.08.
The
department of youth services may enter into an agreement with the
director of rehabilitation and correction pursuant to which the
department of youth services, in accordance with division (C)(2) of
section 5139.06 and section 5120.162 of the Revised Code, may
transfer to a correctional medical center established by the
department of rehabilitation and correction, children who are within
its custody for diagnosis or treatment of an illness, physical
condition, or other medical problem. The department of youth services
may enter into any other agreements with
the
director of children and youth,
the
director of job and family services, the director of mental health
and addiction services, the director of developmental disabilities,
the director of rehabilitation and correction, with the courts having
probation officers or other public officials, and with private
agencies or institutions for separate care or special treatment of
children subject to the control of the department of youth services.
The department of youth services may, upon the request of a juvenile
court not having a regular probation officer, provide probation
services for such court.

Upon
request by the department of youth services, any public agency or
group care facility established or administered by the state for the
care and treatment of children and youth shall, consistent with its
functions, accept and care for any child whose custody is vested in
the department in the same manner as it would be required to do if
custody had been vested by a court in such agency or group care
facility. If the department has reasonable grounds to believe that
any child or youth whose custody is vested in it is mentally ill or
has an intellectual disability, the department may file an affidavit
under section 5122.11 or 5123.76 of the Revised Code. The
department's affidavit for admission of a child or youth to such
institution shall be filed with the probate court of the county from
which the child was committed to the department. Such court may
request the probate court of the county in which the child is held to
conduct the hearing on the application, in which case the court
making such request shall bear the expenses of the proceeding. If the
department files such an affidavit, the child or youth may be kept in
such institution until a final decision on the affidavit is made by
the appropriate court.

Sec.
5139.12.
Any
person who is required, pursuant to division (A) of section 2151.421
of the Revised Code, to report the person's knowledge of or
reasonable cause to suspect abuse or neglect or threat of abuse or
neglect of a child under eighteen years of age or a person with a
developmental disability or physical impairment under twenty-one
years of age, or any person who is permitted, pursuant to division
(B) of that section, to report or cause such a report to be made and
who makes or causes the report to be made, shall direct that report
to the state highway patrol if the child is a delinquent child in the
custody of an institution. If the state highway patrol determines
after receipt of the report that there is probable cause that abuse
or neglect or threat of abuse or neglect of the delinquent child
occurred, the highway patrol shall report its findings to the
department of youth services, to the court that ordered the
disposition of the delinquent child for the act that would have been
an offense if committed by an adult and for which the delinquent
child is in the custody of the department, to the public children
services agency in the county in which the child resides or in which
the abuse or neglect or threat of abuse or neglect occurred, and to
the
chairperson
and vice-chairperson of the correctional institution inspection
committee established by section 103.71 of the Revised Code
attorney
general
.

Sec.
5139.14.
(A)(1)
The department of youth services shall permit representatives of all
nonprofit faith-based, business, professional, civic, educational,
and community organizations that are registered with the department
to enter institutions that are under the department's control and
management for the purpose of providing reentry services to
delinquent children in the department's custody. Reentry services may
include, but are not limited to, counseling, housing, job-placement,
and money-management assistance.

(2)
The department shall adopt rules pursuant to Chapter 119. of the
Revised Code for the screening and registration of nonprofit
faith-based, business, professional, civic, educational, and
community organizations that apply to provide reentry services to
delinquent children in institutions under the department's control
and management.

(B)(1)
The department shall post a department telephone number on the
department's official internet web site that nonprofit faith-based,
business, professional, civic, educational, and community
organizations that wish to provide reentry services to delinquent
children may call to obtain information. The internet web site also
shall list all of the faith-based, business, professional, civic,
educational, and community organizations that are registered with the
department under this section.

(2)
The department shall actively recruit nonprofit faith-based,
business, professional, civic, educational, and community
organizations to provide reentry services in institutions under the
department's control and management. The department shall recruit
nonprofit organizations from all faiths and beliefs.

(C)
Annually, the department shall issue a written report on the
department's progress in implementing the recommendations of the
correctional faith-based initiatives task force. The department shall
provide a copy of the written report to
each
member of the correctional institution inspection committee created
under section 103.71 of the Revised Code
the
general assembly in accordance with section 101.68 of the Revised
Code
.

(D)
The department shall not endorse or sponsor any faith-based reentry
program or endorse any specific religious message. The department may
not require any child in its custody to participate in a faith-based
program.

Sec.
5139.34.
(A)
Funds may be appropriated to the department of youth services for the
purpose of granting state subsidies to counties. A county or the
juvenile court that serves a county shall use state subsidies granted
to the county pursuant to this section only in accordance with
divisions (B)(2)(a) and (3)(a) of section 5139.43 of the Revised Code
and the rules pertaining to the state subsidy funds that the
department adopts pursuant to division (D) of section 5139.04 of the
Revised Code. The department shall not grant financial assistance
pursuant to this section for the provision of care and services for
children in a placement facility unless the facility has been
certified, licensed, or approved by a state or national agency with
certification, licensure, or approval authority, including, but not
limited to, the department of
job
and family services
children
and youth
,
department of education and workforce, department of mental health
and addiction services, department of developmental disabilities, or
American correctional association. For the purposes of this section,
placement facilities do not include a state institution or a county
or district children's home.

The
department
of
youth services
also
shall not grant financial assistance pursuant to this section for the
provision of care and services for children, including, but not
limited to, care and services in a detention facility, in another
facility, or in out-of-home placement, unless the minimum standards
applicable to the care and services that the department prescribes in
rules adopted pursuant to division (D) of section 5139.04 of the
Revised Code have been satisfied.

(B)
The department of youth services shall apply the following formula to
determine the amount of the annual grant that each county is to
receive pursuant to division (A) of this section, subject to the
appropriation for this purpose to the department made by the general
assembly:

(1)
Each county shall receive a basic annual grant of fifty thousand
dollars.

(2)
The sum of the basic annual grants provided under division (B)(1) of
this section shall be subtracted from the total amount of funds
appropriated to the department of youth services for the purpose of
making grants pursuant to division (A) of this section to determine
the remaining portion of the funds appropriated. The remaining
portion of the funds appropriated shall be distributed on a per
capita basis to each county that has a population of more than
twenty-five thousand for that portion of the population of the county
that exceeds twenty-five thousand.

(C)(1)
Prior to a county's receipt of an annual grant pursuant to this
section, the juvenile court that serves the county shall prepare,
submit, and file in accordance with division (B)(3)(a) of section
5139.43 of the Revised Code an annual grant agreement and application
for funding that is for the combined purposes of, and that satisfies
the requirements of, this section and section 5139.43 of the Revised
Code. In addition to the subject matters described in division
(B)(3)(a) of section 5139.43 of the Revised Code or in the rules that
the department adopts to implement that division, the annual grant
agreement and application for funding shall address fiscal
accountability and performance matters pertaining to the programs,
care, and services that are specified in the agreement and
application and for which state subsidy funds granted pursuant to
this section will be used.

(2)
The county treasurer of each county that receives an annual grant
pursuant to this section shall deposit the state subsidy funds so
received into the county's felony delinquent care and custody fund
created pursuant to division (B)(1) of section 5139.43 of the Revised
Code. Subject to exceptions prescribed in section 5139.43 of the
Revised Code that may apply to the disbursement, the department shall
disburse the state subsidy funds to which a county is entitled in a
lump sum payment that shall be made in July of each calendar year.

(3)
Upon an order of the juvenile court that serves a county and subject
to appropriation by the board of county commissioners of that county,
a county treasurer shall disburse from the county's felony delinquent
care and custody fund the state subsidy funds granted to the county
pursuant to this section for use only in accordance with this
section, the applicable provisions of section 5139.43 of the Revised
Code, and the county's approved annual grant agreement and
application for funding.

(4)
The moneys in a county's felony delinquent care and custody fund that
represent state subsidy funds granted pursuant to this section are
subject to appropriation by the board of county commissioners of the
county; shall be disbursed by the county treasurer as required by
division (C)(3) of this section; shall be used in the manners
referred to in division (C)(3) of this section; shall not revert to
the county general fund at the end of any fiscal year; shall carry
over in the felony delinquent care and custody fund from the end of
any fiscal year to the next fiscal year; shall be in addition to, and
shall not be used to reduce, any usual annual increase in county
funding that the juvenile court is eligible to receive or the current
level of county funding of the juvenile court and of any programs,
care, or services for alleged or adjudicated delinquent children,
unruly children, or juvenile traffic offenders or for children who
are at risk of becoming delinquent children, unruly children, or
juvenile traffic offenders; and shall not be used to pay for the care
and custody of felony delinquents who are in the care and custody of
an institution pursuant to a commitment, recommitment, or revocation
of a release on parole by the juvenile court of that county or who
are in the care and custody of a community corrections facility
pursuant to a placement by the department as described in division
(E) of section 5139.36 of the Revised Code.

(5)
As a condition of the continued receipt of state subsidy funds
pursuant to this section, each county and the juvenile court that
serves each county that receives an annual grant pursuant to this
section shall comply with divisions (B)(3)(b), (c), and (d) of
section 5139.43 of the Revised Code.

Sec.
5145.162.
(A)
There is hereby created the office of enterprise development advisory
board to advise and assist the department of rehabilitation and
correction with the creation of training programs and jobs for
inmates and releasees through partnerships with private sector
businesses. The board shall consist of at least five appointed
members

and
the staff representative assigned by the correctional institution
inspection committee, who shall serve as an ex officio member
.
Each member shall have experience in labor relations, marketing,
business management, or business. The members and chairperson shall
be appointed by the director of the department of rehabilitation and
correction.

(B)
Each member of the advisory board shall receive no compensation but
may be reimbursed for expenses actually and necessarily incurred in
the performance of official duties of the board. Members of the board
who are state employees shall be reimbursed for expenses pursuant to
travel rules promulgated by the office of budget and management.

(C)
The advisory board shall adopt procedures for the conduct of the
board's meetings. The board shall meet at least once every quarter,
and otherwise shall meet at the call of the chairperson or the
director of the department of rehabilitation and correction. Sixty
per cent of the members shall constitute a quorum. No transaction of
the board's business shall be taken without the concurrence of a
quorum of the members. The board may have committees with persons who
are not members of the board but whose experience and expertise is
relevant and useful to the work of the committee.

(D)
The advisory board shall have the following duties:

(1)
Solicit business proposals offering job training, apprenticeship,
education programs, and employment opportunities for inmates,
releasees, and Ohio penal industries;

(2)
Provide information and input to the office of enterprise development
to support the job training and employment program of inmates and
releasees and any additional, related duties as requested by the
director of the department of rehabilitation and correction;

(3)
Recommend to the office of enterprise development any legislation,
administrative rule, or department policy change that the board
believes is necessary to implement the department's program;

(4)
Promote public awareness of the office of enterprise development and
the office's employment program;

(5)
Familiarize itself and the public with avenues to access the office
of enterprise development on employment program concerns;

(6)
Advocate for the needs and concerns of the office of enterprise
development in local communities, counties, and the state;

(7)
Play an active role in the office of enterprise development's efforts
to reduce recidivism in the state by doing all of the following:

(a)
Providing input and making recommendations for the office's
consideration in monitoring employment program compliance and
effectiveness;

(b)
Making suggestions on the appropriate priorities for the office's
grant award criteria;

(c)
Being a liaison between the office and constituents of the board's
members;

(d)
Working to develop constituent groups interested in employment
program issues;

(8)
Aid in the employment program development process by playing a
leadership role in professional associations by discussing employment
program issues.

(E)
The department of rehabilitation and correction shall initially
screen each proposal obtained under division (D)(1) of this section
to ensure that the proposal is a viable venture to pursue. If the
department determines that a proposal is a viable venture to pursue,
the department shall submit the proposal to the board for objective
review against established guidelines. The board shall determine
whether to recommend the implementation of the program to the
department.

Sec.
5145.32.
Every
officer or employee of a correctional institution under the control
or supervision of the department of rehabilitation and correction,
and every contractor, or employee of such contractor, upon entering
the grounds of a state correctional institution, shall be subject to
screening to prevent the conveyance of drugs of abuse into the
institution.

Sec.
5153.10.
Each
public children services agency shall designate an executive officer
known as the "executive director," who shall not be in the
classified civil service. The superintendent of the children's home,
the county director of job and family services, or other individual
may serve as the executive director.

The
agency shall, from time to time, inquire into community conditions
affecting the welfare of children and study the work of the agency
and its relation to the work of other organizations whose functions
are related to child welfare. The agency may, after consultation with
the executive director, adopt rules of general application, not
inconsistent with law or with the rules adopted by the director of

job
and family services
children
and youth
.

Sec.
5153.122.
Each
PCSA caseworker hired after January 1, 2007, shall complete
in-service training during the first year of the caseworker's
continuous employment as a PCSA caseworker, except that the executive
director of the public children services agency may waive the
training requirement for a school of social work graduate who
participated in the university partnership program described in
division (E) of section
5101.141

5180.42

of
the Revised Code and as provided in section 5153.124 of the Revised
Code. The training shall consist of courses in all of the following:

(A)
Recognizing, accepting reports of, and preventing child abuse,
neglect, and dependency;

(B)
Assessing child safety;

(C)
Assessing risks;

(D)
Interviewing persons;

(E)
Investigating cases;

(F)
Intervening;

(G)
Providing services to children and their families;

(H)
The importance of and need for accurate data;

(I)
Preparation for court;

(J)
Maintenance of case record information;

(K)
The legal duties of PCSA caseworkers to protect the constitutional
and statutory rights of children and families from the initial time
of contact during investigation through treatment, including
instruction regarding parents' rights and the limitations that the
Fourth Amendment to the United States Constitution places upon
caseworkers and their investigations;

(L)
Content on other topics relevant to child abuse, neglect, and
dependency, including permanency strategies, concurrent planning, and
adoption as an option for unintended pregnancies.

After
a PCSA caseworker's first year of continuous employment as a PCSA
caseworker, the caseworker annually shall complete thirty-six hours
of training in areas relevant to the caseworker's assigned duties.

During
the first two years of continuous employment as a PCSA caseworker,
each PCSA caseworker shall complete training in recognizing the signs
of domestic violence and its relationship to child abuse as
established in rules the director of children and youth shall adopt
pursuant to Chapter 119. of the Revised Code.

Sec.
5153.16.
(A)
Except as provided in section 2151.422 of the Revised Code, in
accordance with rules adopted under section 5153.166 of the Revised
Code, and on behalf of children in the county whom the public
children services agency considers to be in need of public care or
protective services, the public children services agency shall do all
of the following:

(1)
Make an investigation concerning any child alleged to be an abused,
neglected, or dependent child;

(2)
Enter into agreements with the parent, guardian, or other person
having legal custody of any child, or with the department of children
and youth, department of mental health and addiction services,
department of developmental disabilities, other department, any
certified organization within or outside the county, or any agency or
institution outside the state, having legal custody of any child,
with respect to the custody, care, or placement of any child, or with
respect to any matter, in the interests of the child, provided the
permanent custody of a child shall not be transferred by a parent to
the public children services agency without the consent of the
juvenile court;

(3)
Enter into a contract with an agency providing prevention services in
an effort to prevent neglect or abuse, to enhance a child's welfare,
and to preserve the family unit intact

when
referring a family for prevention services under division (J) of
section 2151.421 of the Revised Code
.

(4)
Accept custody of children committed to the public children services
agency by a court exercising juvenile jurisdiction;

(5)
Provide such care as the public children services agency considers to
be in the best interests of any child adjudicated to be an abused,
neglected, or dependent child the agency finds to be in need of
public care or service;

(6)
Provide social services to any unmarried girl adjudicated to be an
abused, neglected, or dependent child who is pregnant with or has
been delivered of a child;

(7)
Make available to the children with medical handicaps program of the
department of health at its request any information concerning a
child with a disability found to be in need of treatment under
sections 3701.021 to 3701.028 of the Revised Code who is receiving
services from the public children services agency;

(8)
Provide temporary emergency care for any child considered by the
public children services agency to be in need of such care, without
agreement or commitment;

(9)
Find certified foster homes, within or outside the county, for the
care of children, including children with disabilities from other
counties attending special schools in the county;

(10)
Subject to the approval of the board of county commissioners and the
department of children and youth, establish and operate a training
school or enter into an agreement with any municipal corporation or
other political subdivision of the county respecting the operation,
acquisition, or maintenance of any children's home, training school,
or other institution for the care of children maintained by such
municipal corporation or political subdivision;

(11)
Acquire and operate a county children's home, establish, maintain,
and operate a receiving home for the temporary care of children, or
procure certified foster homes for this purpose;

(12)
Enter into an agreement with the trustees of any district children's
home, respecting the operation of the district children's home in
cooperation with the other county boards in the district;

(13)
Cooperate with, make its services available to, and act as the agent
of persons, courts, the department of children and youth, the
department of health, and other organizations within and outside the
state, in matters relating to the welfare of children, except that
the public children services agency shall not be required to provide
supervision of or other services related to the exercise of parenting
time rights granted pursuant to section 3109.051 or 3109.12 of the
Revised Code or companionship or visitation rights granted pursuant
to section 3109.051, 3109.11, or 3109.12 of the Revised Code unless a
juvenile court, pursuant to Chapter 2151. of the Revised Code, or a
common pleas court, pursuant to division (E)(6) of section 3113.31 of
the Revised Code, requires the provision of supervision or other
services related to the exercise of the parenting time rights or
companionship or visitation rights;

(14)
Make investigations at the request of any superintendent of schools
in the county or the principal of any school concerning the
application of any child adjudicated to be an abused, neglected, or
dependent child for release from school, where such service is not
provided through a school attendance department;

(15)
Administer funds provided under Title IV-E of the "Social
Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as amended,
in accordance with rules adopted under section
5101.141

5180.42

of
the Revised Code;

(16)
In addition to administering Title IV-E adoption assistance funds,
enter into agreements to make adoption assistance payments under
section 5153.163 of the Revised Code;

(17)
Implement a system of safety and risk assessment, in accordance with
rules adopted by the director of children and youth, to assist the
public children services agency in determining the risk of abuse or
neglect to a child;

(18)
Enter into a plan of cooperation with the board of county
commissioners under section 307.983 of the Revised Code and comply
with each fiscal agreement the board enters into under section 307.98
of the Revised Code that include family services duties of public
children services agencies and contracts the board enters into under
sections 307.981 and 307.982 of the Revised Code that affect the
public children services agency;

(19)
Make reasonable efforts to prevent the removal of an alleged or
adjudicated abused, neglected, or dependent child from the child's
home, eliminate the continued removal of the child from the child's
home, or make it possible for the child to return home safely, except
that reasonable efforts of that nature are not required when a court
has made a determination under division (A)(2) of section 2151.419 of
the Revised Code;

(20)
Make reasonable efforts to place the child in a timely manner in
accordance with the permanency plan approved under division (E) of
section 2151.417 of the Revised Code and to complete whatever steps
are necessary to finalize the permanent placement of the child;

(21)
Administer a Title IV-A program identified under division (A)(4)(c)
or (h) of section 5101.80 of the Revised Code that the department of
children and youth provides for the public children services agency
to administer under the department's supervision pursuant to section
5101.801 of the Revised Code;

(22)
Administer the kinship permanency incentive program created under
section
5101.802

5180.52

of
the Revised Code under the supervision of the director of children
and youth;

(23)
Provide independent living services pursuant to sections 2151.81 to
2151.84 of the Revised Code;

(24)
File a missing child report with a local law enforcement agency upon
becoming aware that a child in the custody of the public children
services agency is or may be missing.

(B)
The public children services agency shall use the system implemented
pursuant to division (A)(17) of this section in connection with an
investigation undertaken pursuant to division (G)(1) of section
2151.421 of the Revised Code to assess both of the following:

(1)
The ongoing safety of the child;

(2)
The appropriateness of the intensity and duration of the services
provided to meet child and family needs throughout the duration of a
case.

(C)
Except as provided in section 2151.422 of the Revised Code, in
accordance with rules of the director of children and youth, and on
behalf of children in the county whom the public children services
agency considers to be in need of public care or protective services,
the public children services agency may do the following:

(1)
Provide or find, with other child serving systems, specialized foster
care for the care of children in a specialized foster home, as
defined in section 5103.02 of the Revised Code, certified under
section 5103.03 of the Revised Code;

(2)(a)
Except as limited by divisions (C)(2)(b) and (c) of this section,
contract with the following for the purpose of assisting the agency
with its duties:

(i)
County departments of job and family services;

(ii)
Boards of alcohol, drug addiction, and mental health services;

(iii)
County boards of developmental disabilities;

(iv)
Regional councils of political subdivisions established under Chapter
167. of the Revised Code;

(v)
Private and government providers of services;

(vi)
Managed care organizations and prepaid health plans.

(b)
A public children services agency contract under division (C)(2)(a)
of this section regarding the agency's duties under section 2151.421
of the Revised Code may not provide for the entity under contract
with the agency to perform any service not authorized by the
department's rules.

(c)
Only a county children services board appointed under section 5153.03
of the Revised Code that is a public children services agency may
contract under division (C)(2)(a) of this section. If an entity
specified in division (B) or (C) of section 5153.02 of the Revised
Code is the public children services agency for a county, the board
of county commissioners may enter into contracts pursuant to section
307.982 of the Revised Code regarding the agency's duties.

Sec.
5153.163.
(A)
As used in this section:

(1)
"Adoptive parent" means, as the context requires, a
prospective adoptive parent or an adoptive parent.

(2)
"Relative" has the same meaning as in section
5101.141

5180.42

of
the Revised Code.

(B)(1)
Before a child's adoption is finalized, a public children services
agency may enter into an agreement with the child's adoptive parent
under which the agency, to the extent state funds are available, may
make state adoption maintenance subsidy payments as needed on behalf
of the child when all of the following apply:

(a)
The child is a child with special needs.

(b)
The child was placed in the adoptive home by a public children
services agency or a private child placing agency and may legally be
adopted.

(c)
The adoptive parent has the capability of providing the permanent
family relationships needed by the child.

(d)
The needs of the child are beyond the economic resources of the
adoptive parent.

(e)
Acceptance of the child as a member of the adoptive parent's family
would not be in the child's best interest without payments on the
child's behalf under this section.

(f)
The gross income of the adoptive parent's family does not exceed one
hundred twenty per cent of the median income of a family of the same
size, including the child, as most recently determined for this state
by the secretary of health and human services under Title XX of the
"Social Security Act," 88 Stat. 2337, 42 U.S.C.A. 1397, as
amended.

(g)
The child is not eligible for adoption assistance payments under
Title IV-E of the "Social Security Act," 94 Stat. 501
(1980), 42 U.S.C.A. 671, as amended.

(2)
State adoption maintenance subsidy payment agreements must be made by
either the public children services agency that has permanent custody
of the child or the public children services agency of the county in
which the private child placing agency that has permanent custody of
the child is located.

(3)
State adoption maintenance subsidy payments shall be made in
accordance with the agreement between the public children services
agency and the adoptive parent and are subject to an annual
redetermination of need.

(4)
Payments under this division may begin either before or after
issuance of the final adoption decree, except that payments made
before issuance of the final adoption decree may be made only while
the child is living in the adoptive parent's home. Preadoption
payments may be made for not more than twelve months, unless the
final adoption decree is not issued within that time because of a
delay in court proceedings. Payments that begin before issuance of
the final adoption decree may continue after its issuance.

(C)(1)
A public children services agency may enter into an agreement with a
child's relative under which the agency, to the extent state funds
are available, may provide state kinship guardianship assistance as
needed on behalf of the child when all of the following apply:

(a)
The relative has cared for the eligible child as a foster caregiver
as defined by section 5103.02 of the Revised Code for at least six
consecutive months.

(b)
Both of the following apply:

(i)
A juvenile court issued an order granting legal custody of the child
to the relative, or a probate court issued an order granting
guardianship of the child to the relative, and the order is not a
temporary court order.

(ii)
The relative has committed to care for the child on a permanent
basis.

(c)
The relative signed a state kinship guardianship assistance agreement
prior to assuming legal guardianship or legal custody of the child.

(d)
The child had been removed from home pursuant to a voluntary
placement agreement or as a result of a judicial determination to the
effect that continuation in the home would be contrary to the welfare
of the child.

(e)
Returning the child home or adoption are not appropriate permanency
options for the child.

(f)
The child demonstrates a strong attachment to the relative and the
relative has a strong commitment to caring permanently for the child.

(g)
With respect to a child who has attained fourteen years of age, the
child has been consulted regarding the state kinship guardianship
assistance arrangement.

(h)
The child is not eligible for kinship guardianship assistance
payments under Title IV-E of the "Social Security Act," 42
U.S.C. 673(d), as amended.

(2)
The public children services agency that had custody of a child
immediately prior to a court granting legal custody or guardianship
of the child to a relative of the child described in division (C)(1)
of this section is authorized to enter into a state kinship
guardianship assistance agreement with that relative.

(3)
State kinship guardianship assistance for a child shall be provided
in accordance with a state kinship guardianship assistance agreement
entered into between the public children services agency and relative
of the child described in division (C)(1) of this section and is
subject to an annual redetermination of need.

(4)
Not later than fifteen months after September 30, 2021, if the
amended state plan submitted under Title IV-E to implement 42 U.S.C.
673(d) as described in section 5101.1416 of the Revised Code is
approved, division (C) of this section shall be implemented.

(D)
No payment shall be made under division (B) or (C) of this section on
behalf of any person eighteen years of age or older beyond the end of
the school year during which the person attains the age of eighteen
or on behalf of a person with a mental or physical disability
twenty-one years of age or older.

(E)
The director of children and youth shall adopt rules in accordance
with Chapter 119. of the Revised Code that are needed to implement
this section. The rules shall establish all of the following:

(1)
The application process for all forms of assistance provided under
this section;

(2)
The method to determine the amount of assistance payable under
division (B) of this section;

(3)
The definition of "child with special needs" for this
section;

(4)
The process whereby a child's continuing need for services provided
under division (B) or (C) of this section is annually redetermined;

(5)
Any other rule, requirement, or procedure the department considers
appropriate for the implementation of this section.

(F)
The state adoption special services subsidy program ceases to exist
on July 1, 2004, except that, subject to the findings of the annual
redetermination process established under division (E) of this
section and the child's individual need for services, a public
children services agency may continue to provide state adoption
special services subsidy payments on behalf of a child for whom
payments were being made prior to July 1, 2004.

(G)
Benefits and services provided under this section are inalienable
whether by way of assignment, charge, or otherwise and exempt from
execution, attachment, garnishment, and other like processes.

Sec.
5160.37.
(A)
A medical assistance recipient's enrollment in a medical assistance
program gives an automatic right of recovery to the department of
medicaid and a county department of job and family services against
the liability of a third party for the cost of medical assistance
paid on behalf of the recipient. When an action or claim is brought
against a third party by a medical assistance recipient, any payment,
settlement or compromise of the action or claim, or any court award
or judgment, is subject to the recovery right of the department of
medicaid or county department. Except in the case of a medical
assistance recipient who receives medical assistance through a
medicaid managed care organization, the department's or county
department's claim shall not exceed the amount of medical assistance
paid by the department or county department on behalf of the
recipient. A payment, settlement, compromise, judgment, or award that
excludes the cost of medical assistance paid for by the department or
county department shall not preclude a department from enforcing its
rights under this section.

(B)(1)
In the case of a medical assistance recipient who receives medical
assistance through a medicaid managed care organization that has a
capitation agreement with a provider, the amount of the department's
or county department's claim shall be the amount the medicaid managed
care organization would have paid in the absence of a capitation
agreement.

(2)
In the case of a medical assistance recipient who receives medical
assistance through a medicaid managed care organization that does not
have a capitation agreement with a provider, the amount of the
department's or county department's claim shall be the amount the
medicaid managed care organization pays for medical assistance
rendered to the recipient, even if that amount is more than the
amount the department or county department pays to the medicaid
managed care organization for the recipient's medical assistance.

(C)
A medical assistance recipient, and the recipient's attorney, if any,
shall cooperate with the departments. In furtherance of this
requirement, the medical assistance recipient, or the recipient's
attorney, if any, shall, not later than thirty days after initiating
informal recovery activity or filing a legal recovery action against
a third party, provide written notice of the activity or action to
the department of medicaid or county department if it has paid for
medical assistance under a medical assistance program.

(D)
The written notice that must be given under division (C) of this
section shall disclose the identity and address of any third party
against whom the medical assistance recipient has or may have a right
of recovery.

(E)
No settlement, compromise, judgment, or award or any recovery in any
action or claim by a medical assistance recipient where the
department or county department has a right of recovery shall be made
final without first giving the department or county department
written notice as described in division (C) of this section and a
reasonable opportunity to perfect its rights of recovery. If the
department or county department is not given the appropriate written
notice, the medical assistance recipient and, if there is one, the
recipient's attorney, are liable to reimburse the department or
county department for the recovery received to the extent of medical
assistance payments made by the department or county department.

(F)
The department or county department shall be permitted to enforce its
recovery rights against the third party even though it accepted prior
payments in discharge of its rights under this section if, at the
time the department or county department received such payments, it
was not aware that additional medical expenses had been incurred but
had not yet been paid by the department or county department. The
third party becomes liable to the department or county department as
soon as the third party is notified in writing of the valid claims
for recovery under this section.

(G)(1)
Subject to division (G)(2) of this section, the right of recovery of
the department or county department does not apply to that portion of
any judgment, award, settlement, or compromise of a claim, to the
extent of attorneys' fees, costs, or other expenses incurred by a
medical assistance recipient in securing the judgment, award,
settlement, or compromise, or to the extent of medical, surgical, and
hospital expenses paid by such recipient from the recipient's own
resources.

(2)
Reasonable attorneys' fees, not to exceed one-third of the total
judgment, award, settlement, or compromise, plus costs and other
expenses incurred by the medical assistance recipient in securing the
judgment, award, settlement, or compromise, shall first be deducted
from the total judgment, award, settlement, or compromise. After
fees, costs, and other expenses are deducted from the total judgment,
award, settlement, or compromise, there shall be a rebuttable
presumption that the department of medicaid or county department
shall receive no less than one-half of the remaining amount, or the
actual amount of medical assistance paid, whichever is less. A party
may rebut the presumption in accordance with division (L)(1)

or

,

(2)
,
or (3)

of this section, as applicable.

(H)
A right of recovery created by this section may be enforced
separately or jointly by the department of medicaid or county
department. To enforce its recovery rights, the department or county
department may do any of the following:

(1)
Intervene or join in any action or proceeding brought by the medical
assistance recipient or on the recipient's behalf against any third
party who may be liable for the cost of medical assistance paid;

(2)
Institute and pursue legal proceedings against any third party who
may be liable for the cost of medical assistance paid;

(3)
Initiate legal proceedings in conjunction with any injured, diseased,
or disabled medical assistance recipient or the recipient's attorney
or representative.

(I)
A medical assistance recipient shall not assess attorney fees, costs,
or other expenses against the department of medicaid or a county
department when the department or county department enforces its
right of recovery created by this section.

(J)
The right of recovery given to the department under this section
includes payments made by a third party under contract with a person
having a duty to support.

(K)
The department of medicaid may assign to a medical assistance
provider the right of recovery given to the department under this
section with respect to any claim for which the department has
notified the provider that the department intends to recoup the
department's prior payment for the claim.

(L)(1)
Prior to any payment to the department or a county department
pursuant to the department's or county department's right of recovery
under this section, a party that desires to rebut the presumption in
division (G) of this section shall submit to the department or county
department a request for a hearing in accordance with the procedure
the department establishes in rules required by division (O) of this
section. The amount sought by the department or county department
shall be held in escrow or in an interest on lawyers' trust account
until the hearing examiner renders a decision or the case is
otherwise concluded. A party successfully rebuts the presumption by a
showing of clear and convincing evidence that a different allocation
is warranted.

(2)
A medical assistance recipient who has repaid money, on or after
September 29, 2007, to the department or a county department pursuant
to the department's or county department's right of recovery under
this section, section 5160.38 of the Revised Code, or former section
5101.58 or 5101.59 of the Revised Code may request a hearing to rebut
the presumption in division (G) of this section. The request shall be
made in accordance with the procedure the department establishes for
this purpose in rules required by division (O) of this section. It
must be made not later than one hundred eighty days after September
29, 2015, or ninety days after the payment is made, whichever is
later. A party successfully rebuts the presumption by a showing of
clear and convincing evidence that a different allocation is
warranted.

(3)

A
medical assistance recipient who has repaid money, between April 6,
2007 and September 28, 2007, to the department or a county department
pursuant to the department's or county department's right of recovery
under this section, section 5160.38 of the Revised Code, or former
section 5101.58 or 5101.59 of the Revised Code may request a hearing
to rebut the presumption in division (G) of this section. The request
shall be made not later than one hundred eighty days after the
effective date of this amendment in accordance with the procedure the
department establishes for this purpose in rules required by division
(O) of this section. The presumption is successfully rebutted if the
requestor demonstrates by clear and convincing evidence that a
different allocation is warranted.

(4)

With
respect to a hearing requested under division (L)(1)

or

,

(2)
,
or (3)

of this section, all of the following are the case:

(a)
The hearing examiner may consider, but is not bound by the allocation
of, medical expenses specified in a settlement agreement between the
medical assistance recipient and the relevant third party;

(b)
The department or county department may raise affirmative defenses
during the hearing, including the existence of a prior settlement
with the medical assistance recipient, the doctrine of accord and
satisfaction, or the common law principle of res judicata;

(c)
If the parties agree, live testimony shall not be presented at the
hearing;

(d)
The hearing may be governed by rules adopted under section 5160.02 of
the Revised Code. If such rules are adopted, Chapter 119. of the
Revised Code applies to the hearing only to the extent specified in
those rules;

(e)
The hearing examiner's decision is binding on the department or
county department and the medical assistance recipient unless the
decision is reversed or modified on appeal to the medicaid director
as described in division (M) of this section
;

(f)
A request for a hearing may be submitted by any of the following:

(i)
The medical assistance recipient;

(ii)
The medical assistance recipient's authorized representative;

(iii)
The executor or administrator of a medical assistance recipient's
estate authorized to make or pursue a request;

(iv)
A court-appointed guardian;

(v)
An attorney who has been directly retained by the medical assistance
recipient, or the recipient's parent, legal guardian, or
court-appointed guardian
.

(M)(1)
A medical assistance recipient who disagrees with a hearing
examiner's decision under division (L) of this section may file an
administrative appeal with the medicaid director in accordance with
the procedure the department establishes for this purpose in rules
required by division (O) of this section. A hearing is not required
during the administrative appeal, but the director or the director's
designee shall review the hearing examiner's decision and any prior
relevant administrative action. After the review, the director or the
director's designee shall affirm, modify, remand, or reverse the
hearing decision. A decision made under this division is final and
binding on the department or county department and the medical
assistance recipient unless it is reversed or modified on appeal to a
court of common pleas as described in division (N) of this section.

(2)
An administrative appeal may be governed by rules adopted under
section 5160.02 of the Revised Code. If such rules are adopted,
Chapter 119. of the Revised Code applies to an administrative appeal
only to the extent specified in those rules.

(N)
A party to an administrative appeal described in division (M) of this
section may file an appeal with a court of common pleas in accordance
with section 119.12 of the Revised Code.

(O)
The medicaid director shall adopt rules under section 5160.02 of the
Revised Code as necessary to implement this section, including rules
establishing procedures a party may use to request a hearing under
division (L)(1)

or

,

(2)
,
or (3)

of this section or an administrative appeal under division (M)(1) of
this section. The rules shall be adopted in accordance with Chapter
119. of the Revised Code.

(P)
Divisions (L) to (N) of this section are remedial in nature and shall
be liberally construed by the courts of this state in accordance with
section 1.11 of the Revised Code. Those divisions specify the sole
remedy available to a party who claims the department or a county
department has received or is to receive more money than entitled to
receive under this section, section 5160.38 of the Revised Code, or
former section 5101.58 or 5101.59 of the Revised Code.

Sec.
5162.08.
(A)
Notwithstanding any provision of law to the contrary, and in
accordance with section 5166.03 of the Revised Code, the department
of medicaid shall not seek or implement an amendment to the medicaid
state plan or a medicaid waiver under section 1115 or 1915 of the
"Social Security Act," 42 U.S.C. 1315 and 42 U.S.C. 1396n,
that would expand medicaid coverage to any additional individuals or
class of individuals or increase any net costs to the state, without
first providing notice to the legislative service commission and the
standing committees in the house of representatives and the senate
with jurisdiction over medicaid.

(B)
The department shall provide regular updates to those committees, on
a schedule determined by the chairpersons of each committee,
regarding the status of any amendment to the medicaid state plan or
medicaid waiver described in division (A) of this section.

Sec.
5162.13.
(A)
On or before the first day of January of each year, the department of
medicaid shall complete a report on the effectiveness of the medicaid
program in meeting the health care needs of low-income pregnant
women, infants, and children. The report shall include all of the
following, delineated by race and ethnic group:

(1)
The estimated number of pregnant women, infants, and children
eligible for the program;

(2)
The actual number of eligible persons enrolled in the program;

(3)
The actual number of enrolled pregnant women categorized by estimated
gestational age at time of enrollment;

(4)
The average number of days between the following events:

(a)
A pregnant woman's application for medicaid and enrollment in the
fee-for-service component of medicaid;

(b)
A pregnant woman's application for enrollment in a medicaid managed
care organization and enrollment in the managed care organization.

The
information described in divisions (A)(4)(a) and (b) of this section
shall also be delineated by county and the urban and rural
communities specified in rules adopted under section 3701.142 of the
Revised Code.

(5)
The number of prenatal, postpartum, and child health visits;

(6)
The estimated number of enrolled women of child-bearing age who use a
tobacco product;

(7)
The estimated number of enrolled women of child-bearing age who
participate in a tobacco cessation program or who use a tobacco
cessation product;

(8)
The rates at which enrolled pregnant women receive addiction or
mental health services, progesterone therapy, and any other service
specified by the department;

(9)
A report on birth outcomes, including a comparison of low-birthweight
births and infant mortality rates of medicaid recipients with the
general female child-bearing and infant population in this state;

(10)
A comparison of the prenatal, delivery, and child health costs of the
program with such costs of similar programs in other states, where
available;

(11)
A report on performance data generated by the component of the state
innovation model (SIM) grant pertaining to episode-based payments for
perinatal care that was awarded to this state by the center for
medicare and medicaid innovation in the United States centers for
medicare and medicaid services;

(12)
A report on funds allocated for infant mortality reduction
initiatives in the urban and rural communities specified in rules
adopted under section 3701.142 of the Revised Code;

(13)
A report on the results of client responses to questions related to
pregnancy services and healthcheck that are asked by the personnel of
county departments of job and family services;

(14)
A comparison of the performance of the fee-for-service component of
medicaid with the performance of each medicaid managed care
organization on perinatal health metrics;

(15)
A report demonstrating cost savings resulting from program
investments;

(16)
Beginning two years after
the
effective date of this amendment
April
30, 2024
,
a report on the medicaid coverage of doula services required by
section 5164.071 of the Revised Code, including:

(a)
Outcomes related to maternal health and maternal morbidity;

(b)
Infant health outcomes;

(c)
The average costs of providing doula services to mothers and infants;

(d)
Estimated cost increases or savings as a result of providing doula
coverage.

(B)
The department shall submit the report to the general assembly in
accordance with section 101.68 of the Revised Code

and
to the joint medicaid oversight committee
.
The department also shall make the report available to the public.

(C)
The department shall provide to the
joint
medicaid oversight committee
legislative
service commission
a
copy of the data used to calculate the information required in the
report under division (A)(16) of this section.

Sec.
5162.132.
Annually
(A)
Not later than the thirty-first day of December of each year
,
the department of medicaid shall prepare a report on the department's
efforts to minimize fraud, waste, and abuse in the medicaid program
.
The report shall include all of the following for the most recently
concluded state fiscal year:

(1)
Improper medicaid payments and expenditures, including the individual
and total dollar amounts for claims that were determined to be the
result of fraud, waste, or abuse;

(2)
Federal and state recovered funds, including the dollar amounts per
claim and the total dollar amounts concerning fraud, waste, and abuse
in the medicaid program;

(3)
Aggregate data concerning improper payments and ineligible medicaid
recipients who received medicaid services as a percentage of the
claims investigated or reviewed;

(4)
The number of payments made in error, the dollar amount of those
payments within the medicaid program, and the number of confirmed
cases of intentional program violation and fraud
.

(B)

Each
report shall be made available on the department's web site. The
department shall submit a copy of each report to the
governor,
general assembly, and joint medicaid oversight committee
chairpersons
and ranking members of the committees of the house of representatives
and senate with jurisdiction over medicaid and the legislative
service commission
.

The
copy to the general assembly shall be submitted in accordance with
section 101.68 of the Revised Code. Copies of the report also shall
be made available to the public on request.

Sec.
5162.133.
Not
less than once each year, the medicaid director shall submit a report
on the medicaid buy-in for workers with disabilities program to the
governor
,

and
the

general assembly
,
and joint medicaid oversight committee
.
The copy to the general assembly shall be submitted in accordance
with section 101.68 of the Revised Code. The report shall include all
of the following information:

(A)
The number of individuals who participated in the medicaid buy-in for
workers with disabilities program;

(B)
The cost of the program;

(C)

The
amount of revenue generated by premiums that participants pay under
section 5163.094 of the Revised Code;

(D)

The
average amount of earned income of participants' families;

(E)
(D)

The average amount of time participants have participated in the
program;

(F)
(E)

The types of other health insurance participants have been able to
obtain.

Sec.
5162.134.
Not
later than the first day of each July, the medicaid director shall
complete a report of the evaluation conducted under section 5164.911
of the Revised Code regarding the integrated care delivery system.
The director shall provide a copy of the report to the general
assembly
and
joint medicaid oversight committee. The copy to the general assembly
shall be provided
in
accordance with section 101.68 of the Revised Code. The director also
shall make the report available to the public.

Sec.
5162.136.
(A)
The department of medicaid shall conduct periodic reviews to
determine the barriers that medicaid recipients face in gaining full
access to interventions intended to reduce tobacco use, prevent
prematurity, and promote optimal birth spacing. The first review
shall occur not later than sixty days after

the
effective date of this section

April
6, 2017
.
Thereafter, reviews shall be conducted every six months. The
department shall prepare a report that summarizes the results of each
review, which must contain the information specified in division
(C)(1) or (2) of this section, as applicable. Each report shall be
submitted to the commission on infant mortality
,

the
joint medicaid oversight committee,

and the general assembly. Submissions to the general assembly shall
be made in accordance with section 101.68 of the Revised Code.

(B)
The department shall make a presentation on each report at the first
meeting of the commission on infant mortality that follows the
report's submission to the commission.

(C)(1)
All of the following shall be in the first report submitted in
accordance with division (A) of this section:

(a)
Identification of the access barriers described in division (A) of
this section, the individuals affected by the barriers, and whether
the barriers result from policies implemented by the department,
medicaid managed care organizations, providers, or others;

(b)
Recommendations for the expedient removal of the access barriers;

(c)
An analysis of the performance of the fee-for-service component of
medicaid and the performance of each medicaid managed care
organization on health metrics pertaining to tobacco cessation,
prematurity prevention, and birth spacing;

(d)
Any other information the department considers pertinent to the
report's topic.

(2)
All of the following shall be in each subsequent report submitted in
accordance with division (A) of this section:

(a)
The progress that has been made on removing the access barriers
described in division (A) of this section and the impact such
progress has had on reducing the infant mortality rate in this state;

(b)
A performance analysis of the fee-for-service component of medicaid
and each medicaid managed care organization on health metrics
pertaining to tobacco cessation, prematurity prevention, and birth
spacing;

(c)
Any other information the department considers pertinent.

Sec.
5162.1310.
(A)
The department of medicaid shall periodically evaluate the success
that members of the expansion eligibility group have with the
following:

(1)
Obtaining employer-sponsored health insurance coverage;

(2)
Improving health conditions that would otherwise prevent or inhibit
stable employment;

(3)
Improving the conditions of their employment, including duration and
hours of employment.

(B)
For the purpose of aiding the department's evaluations under this
section, medicaid managed care organizations shall collect and submit
to the department relevant data about members of the expansion
eligibility group who are enrolled in the organizations' medicaid MCO
plans. The department may request that a medicaid managed care
organization collect and submit to the department additional data the
department needs for the evaluation.

(C)
The department shall complete a report for each evaluation conducted
under this section. The director shall provide a copy of the report
to the general assembly
and
joint medicaid oversight committee. The copy to the general assembly
shall be provided
in
accordance with section 101.68 of the Revised Code.

Sec.
5162.14.
(A)
The medicaid director shall immediately provide notice in accordance
with this section if the United States centers for medicare and
medicaid services does any of the following related to a quarterly
medicaid statement of expenditures for medical assistance programs
form that is submitted by the department of medicaid:

(1)
Determines that the form has a variance of expenditures of eight per
cent or greater;

(2)
Asks any questions related to the form;

(3)
Refuses to certify the information provided on the form;

(4)
Refuses to release any funds to the state.

(B)
When providing notice under this section, the director shall include
any letter or information that is provided by the United States
centers for medicare and medicaid services in its questioning or
deciding not to certify the form, as well as any correspondences from
the department in response.

(C)
The notice required under this section shall be provided to all of
the following:

(1)
The speaker of the house of representatives and president of the
senate;

(2)
The director of the legislative service commission;

(3)
The chairpersons of the relevant standing committees in both the
house of representatives and the senate.

Sec.
5162.25.
(A)
As used in this section:

(1)
"State directed payment program" means a payment program
authorized by the United States centers for medicare and medicaid
services under 42 C.F.R. 438.6(c).

(2)
"Preprint" means a form created by the United States
centers for medicare and medicaid services to request approval of a
state directed payment program, as required under 42 C.F.R. 438.6(c).

(B)(1)
Except as provided in division (B)(2) or (3) of this section, the
medicaid director shall comply with this section for all new and
existing state directed payment programs.

(2)
The medicaid director shall not establish more than fifty state
directed payment programs during a fiscal biennium.

(3)
This section does not apply to a state directed payment program that
is funded by the department of medicaid or the hospital franchise
permit fee program.

(C)
All of the following apply to a state directed payment program that
is subject to this section:

(1)
The program shall comply with the requirements of 42 C.F.R. 438.6(c),
including all of the following:

(a)
The program shall be approved by the United States centers for
medicare and medicaid services, and the director shall seek approval
for the program in accordance with section 5162.07 of the Revised
Code.

(b)
Directed payments under the program shall not exceed the average
commercial rate for all providers participating under a preprint
unless exempted by a value-based purchasing agreement approved by the
United States centers for medicare and medicaid services.

(c)
The program shall be subject to an evaluation plan, in accordance
with 42 C.F.R. 438.6(c)(2)(ii)(D).

(2)
The program shall be for hospital providers and services or
professional services provided by hospitals.

(3)
Unless otherwise determined by the medicaid director, only one state
directed payment preprint may be approved for each of the following
provider classes:

(a)
Inpatient and outpatient hospital services;

(b)
Physician services;

(c)
Children's hospitals participating in the outcomes acceleration for
kids quality initiative.

(D)
A hospital provider participating in a state directed payment program
shall do all of the following:

(1)
Enter into one or more contracts related to the state directed
payment program as necessary, as determined by the department;

(2)
Comply with all average commercial rate reporting requirements
established by the department, related to the requirements set forth
in 42 C.F.R. 438.6(c)(2)(iii);

(3)
Comply with the department's state directed payment quality measure
set, including the metrics and targets set by the department for the
state directed payment program to advance the goals and objectives
specified in the department's quality strategy, as specified in 42
C.F.R. 438.6(c)(2)(ii)(C) and 42 C.F.R. 438.340;

(4)
Cooperate with any evaluation or reporting requirements established
by the department related to the requirements set forth in 42 C.F.R.
438.6(c)(2)(ii)(D) and (F).

(E)
For any preprint effective for a rating period beginning on or after
January 1, 2027, a hospital provider contract required under division
(D)(1) of this section shall be executed not later than the first day
of October preceding the first fiscal year of a biennium. A contract
required under this section may be entered into in accordance with
section 5162.32 of the Revised Code.

(F)
The department shall enter into an agreement with the authorized
representative of each entity participating in a state directed
payment program established under this section. No agreement entered
into under this section shall be valid and enforceable unless the
director of budget and management first certifies that there is a
balance in the appropriation used to support state directed payment
programs that is not already obligated under existing directed
payment programs, in an amount at least equal to the cost in the
current fiscal year of the state directed payment program that is the
subject of the agreement.

(G)(1)
All funds supporting a state directed payment program shall comply
with the requirements specified in 42 C.F.R. 433.51. No hospital
provider may participate in a state directed payment program unless
sufficient funds are obligated and appropriated.

(2)
The department shall not at any time provide general revenue funds or
other state funds for a state directed payment program that is
subject to this section. The director shall terminate or decline to
establish any state directed payment program if either of the
following is the case:

(a)
Local funding is not available or sufficient to sustain the program.

(b)
The federal government restricts or limits the availability of
federal funds to support state directed payment programs or otherwise
requires the state to utilize general revenue funds or other state
funds as a condition of establishing or maintaining a state directed
payment program.

(H)
The department shall not utilize more than two per cent of funds
received to support a state directed payment program established
under this section, including federal financial participation, for
the administration of state directed payment programs. Additionally,
the department shall not utilize more than two per cent of funds
received to support a state directed payment program established
under this section, including federal financial participation, for
the administration of the department and the medicaid program.

Sec.
5162.251.
The
department of medicaid shall prepare and submit quarterly reports to
the legislative service commission and the chairpersons of the
standing committees in the house of representatives and the senate
with jurisdiction over medicaid regarding any new state directed
payment programs established under section 5162.25 of the Revised
Code.

Sec.
5162.70.
(A)
As used in this section:

(1)
"CPI" means the consumer price index for all urban
consumers as published by the United States bureau of labor
statistics.

(2)
"CPI medical inflation rate" means the inflation rate for
medical care, or the successor term for medical care, for the midwest
region as specified in the CPI.

(3)

"JMOC
projected medical inflation rate" means the following:

(a)
The projected medical inflation rate for a fiscal biennium determined
by the actuary with which the joint medicaid oversight committee
contracts under section 103.414 of the Revised Code if the committee
agrees with the actuary's projected medical inflation rate for that
fiscal biennium;

(b)
The different projected medical inflation rate for a fiscal biennium
determined by the joint medicaid oversight committee under section
103.414 of the Revised Code if the committee disagrees with the
projected medical inflation rate determined for that fiscal biennium
by the actuary with which the committee contracts under that section.

(4)

"Successor
term" means a term that the United States bureau of labor
statistics uses in place of another term in revisions to the CPI.

(B)
The medicaid director shall implement reforms to the medicaid program
that do all of the following:

(1)
Limit the growth in the per member per month cost of the medicaid
program, as determined on an aggregate basis for all eligibility
groups, for a fiscal biennium to not more than the lesser of the
following:

(a)
The average annual increase in the CPI medical inflation rate for the
most recent three-year period for which the necessary data is
available as of the first day of the fiscal biennium, weighted by the
most recent year of the three years;

(b)
The
JMOC

projected
medical inflation rate for the fiscal biennium
,
as determined under section 103.412 of the Revised Code
.

(2)
Achieve the limit in the growth of the per member per month cost of
the medicaid program under division (B)(1) of this section by doing
all of the following:

(a)
Improving the physical and mental health of medicaid recipients;

(b)
Providing for medicaid recipients to receive medicaid services in the
most cost-effective and sustainable manner;

(c)
Removing barriers that impede medicaid recipients' ability to
transfer to lower cost, and more appropriate, medicaid services,
including home and community-based services;

(d)
Establishing medicaid payment rates that encourage value over volume
and result in medicaid services being provided in the most efficient
and effective manner possible;

(e)
Implementing fraud and abuse prevention and cost avoidance mechanisms
to the fullest extent possible.

(3)
Reduce the prevalence of comorbid health conditions among, and the
mortality rates of, medicaid recipients;

(4)
Reduce infant mortality rates among medicaid recipients.

(C)
When determining the growth in the per member per month cost of the
medicaid program for purposes of the reforms required by this
section, the medicaid director shall not exclude any medicaid
eligibility group, provider wages, or service. The director may
exclude one-time expenses or expenses that are not directly related
to enrollees.

(D)
The medicaid director shall implement the reforms under this section
in accordance with evidence-based strategies that include measurable
goals.

(E)
By October first of each calendar year, the medicaid director shall
submit to the
joint
medicaid oversight committee
legislative
service commission
a
report detailing the reforms implemented under this section. In
even-numbered years, the report shall include the department's
historical and projected medicaid program expenditure and utilization
trend rates by medicaid program and service category for each year of
the upcoming fiscal biennium and an explanation of how the trend
rates were calculated.

(F)
The reforms implemented under this section shall, without making the
medicaid program's eligibility requirements more restrictive, reduce
the relative number of individuals enrolled in the medicaid program
who have the greatest potential to obtain the income and resources
that would enable them to cease enrollment in medicaid and instead
obtain health care coverage through employer-sponsored health
insurance or an exchange.

Sec.
5162.82.
Before
making any payment rate increases greater than ten per cent under the
medicaid program, the medicaid director shall notify the
joint
medicaid oversight committee
standing
committees with oversight of the medicaid program as provided in
section 103.41 of the Revised Code
of
the increase

and
be available to testify before the joint medicaid oversight committee
regarding the increase
.

Sec.
5163.03.
(A)

Subject
to section 5163.05 of the Revised Code, the
The

medicaid
program shall cover all mandatory eligibility groups.

(B)
The medicaid program shall cover all of the optional eligibility
groups that state statutes require the medicaid program to cover.

(C)
The medicaid program may cover any of the optional eligibility groups
to which either of the following applies:

(1)
State statutes expressly permit the medicaid program to cover the
optional eligibility group.

(2)
The medicaid program covers the optional eligibility group on

the
effective date of this amendment

November
22, 2017
.

(D)
The medicaid program shall not cover an optional eligibility group to
which either of the following applies:

(1)
State statutes prohibit the medicaid program from covering the
optional eligibility group.

(2)
Except as provided in divisions (B) and (C)(1) of this section, the
medicaid program does not cover the optional eligibility group on

the
effective date of this amendment

November
22, 2017
.

Sec.
5163.04.
(A)
If the federal medical assistance percentage for medical assistance
provided to members of the expansion eligibility group is set below
ninety per cent, the department of medicaid shall do both of the
following:

(1)
Immediately discontinue all medical assistance for members of the
group.

(2)
Not later than fifteen business days after the change to the federal
medical assistance percentage, certify to the director of budget and
management, legislative service commission, the president of the
senate, and the speaker of the house of representatives the state and
federal shares of total actual expenditure for the expansion
eligibility group for the most recently completed month prior to the
change.

(B)(1)
Except as provided in division (B)(2) of this section, the state
share amount certified under division (A)(2) of this section shall be
multiplied by the number of months remaining in the fiscal year. The
amount calculated under this division shall remain in the general
revenue fund until the end of the fiscal year, at which time the
funds shall be transferred in accordance with section 131.44 of the
Revised Code.

(2)
If the change to the federal medical assistance percentage described
in division (A) of this section occurs during the first year of a
fiscal biennium, the state share amount certified under division
(A)(2) of this section shall be multiplied by twelve for the second
year of the fiscal biennium. The amount calculated under this
division shall remain in the general revenue fund until the end of
the fiscal biennium, at which time the funds shall be transferred in
accordance with section 131.44 of the Revised Code.

Sec.
5163.091.
Under
the medicaid buy-in for workers with disabilities program, an
individual who does
all

both

of
the following in accordance with rules authorized by section 5163.098
of the Revised Code qualifies for the medicaid program:

(A)
Applies for the medicaid buy-in for workers with disabilities
program;

(B)
Provides satisfactory evidence of all of the following:

(1)
That the individual is at least sixteen years of age and under
sixty-five years of age;

(2)
Except as provided in section 5163.096 of the Revised Code, that one
of the following applies to the individual:

(a)
The individual is considered disabled for the purpose of the
supplemental security income program, regardless of whether the
individual receives supplemental security income benefits, and the
individual has earnings from employment.

(b)
The individual is an employed individual with a medically improved
disability.

(3)
That the value of the individual's resources, less amounts
disregarded pursuant to rules authorized by section 5163.098 of the
Revised Code, does not exceed the amount provided for by section
5163.092 of the Revised Code;

(4)
That the individual's income, less amounts disregarded pursuant to
section 5163.093 of the Revised Code, does not exceed two hundred
fifty per cent of the federal poverty line;

(5)
That the individual meets the additional eligibility requirements for
the medicaid buy-in for workers with disabilities program established
in rules authorized by section 5163.098 of the Revised Code.

(C)
To the extent required by section 5163.094 of the Revised Code, pays
the premium established under that section.

Sec.
5163.093.
For
the purpose of determining whether an individual is within the income
eligibility limit for the medicaid buy-in for workers with
disabilities program, all of the following apply:

(A)
Twenty thousand dollars of the individual's earned income shall be
disregarded.

(B)
No amount that the individual's employer pays to obtain health
insurance for one or more members of the individual's family
,
including any amount of a premium established under section 5163.094
of the Revised Code that the employer pays,

shall be treated as the individual's income.

(C)
Any other amounts, if any, specified in rules authorized by section
5163.098 of the Revised Code shall be disregarded from the
individual's earned income, unearned income, or both.

Sec.
5163.094.
An
individual
whose
income exceeds one hundred fifty per cent of the federal poverty line

shall

not
be required to
pay

an
annual
a

premium
as a condition of qualifying for the medicaid buy-in for workers with
disabilities program.
The
amount of the premium shall be determined as follows:

(A)
Subtract one hundred fifty per cent of the federal poverty line, as
applicable for a family size equal to the size of the individual's
family, from the amount of the income of the individual's family;

(B)
Subtract an amount specified in rules authorized by section 5163.098
of the Revised Code from the difference determined under division (A)
of this section;

(C)
Multiply the difference determined under division (B) of this section
by one tenth.

Sec.
5163.098.
(A)
The medicaid director shall adopt rules under section 5163.02 of the
Revised Code as necessary to implement the medicaid buy-in for
workers with disabilities program. The rules shall do all of the
following:

(1)
Specify assets, asset values, and amounts to be disregarded in
determining asset and income eligibility limits for the program;

(2)
Establish meanings for the terms "earned income," "health
insurance," "resources," "spouse," and
"unearned income";

(3)
Establish additional eligibility requirements for the program that
must be established for the United States secretary of health and
human services to approve the program;

(4)
For the purpose of division (B) of section 5163.094 of the Revised
Code, specify an amount to be subtracted from the difference
determined under division (A) of that section.

(B)
The director may adopt rules under section 5163.02 of the Revised
Code to specify amounts to be disregarded from an individual's earned
income, unearned income, or both under division (C) of section
5163.093 of the Revised Code for the purpose of determining whether
the individual is within the income eligibility limit for the
medicaid buy-in for workers with disabilities program.

Sec.
5163.104.
As
used in this section, "presumptive eligibility error rate"
has the same meaning as in section 5163.103 of the Revised Code.

Quarterly,
the department of medicaid shall report to the general assembly the
presumptive eligibility error rate for presumptive eligibility
determinations made during the previous quarter. Reports made under
this section shall be submitted to the general assembly in accordance
with section 101.68 of the Revised Code.

Sec.
5163.11.
To
the extent permissible under federal law, the department of medicaid
shall redetermine the eligibility of members of the expansion
eligibility group for medicaid benefits every six months.

Sec.
5163.30.
(A)
As used in this section:

(1)
"Assets" include all of an individual's income and
resources and those of the individual's spouse, including any income
or resources the individual or spouse is entitled to but does not
receive because of action by any of the following:

(a)
The individual or spouse;

(b)
A person or government entity, including a court or administrative
agency, with legal authority to act in place of or on behalf of the
individual or spouse;

(c)
A person or government entity, including a court or administrative
agency, acting at the direction or on the request of the individual
or spouse.

(2)
"Home and community-based services" means home and
community-based services furnished under a medicaid waiver granted by
the United States secretary of health and human services under the
"Social Security Act," section 1915(c) or (d), 42 U.S.C.
1396n(c) or (d).

(3)
"Institutionalized individual" means a resident of a
nursing facility, an inpatient in a medical institution for whom a
payment is made based on a level of care provided in a nursing
facility, or an individual described in the "Social Security
Act," section 1902(a)(10)(A)(ii)(VI), 42 U.S.C.
1396a(a)(10)(A)(ii)(VI).

(4)
"Look-back date" means the date that is a number of months
specified in rules adopted under section 5163.02 of the Revised Code
immediately before either of the following:

(a)
The date an individual becomes an institutionalized individual if the
individual is eligible for medicaid on that date;

(b)
The date an individual applies for medicaid while an
institutionalized individual.

(5)
"Nursing facility equivalent services" means services that
are covered by the medicaid program, equivalent to nursing facility
services, provided by an institution that provides the same level of
care as a nursing facility, and provided to an inpatient of the
institution who is a medicaid recipient eligible for medicaid-covered
nursing facility equivalent services.

(6)
"Undue hardship" means being deprived of either of the
following:

(a)
Medical care such that an individual's health or life is endangered;

(b)
Food, clothing, shelter, or other necessities of life.

(B)
Except as provided in division (C) of this section and rules adopted
under section 5163.02 of the Revised Code, an institutionalized
individual is ineligible for nursing facility services, nursing
facility equivalent services, and home and community-based services
if the individual or individual's spouse disposes of assets for less
than fair market value on or after the look-back date. The
institutionalized individual's ineligibility shall begin on a date
determined in accordance with rules adopted under section 5163.02 of
the Revised Code and shall continue for a number of months determined
in accordance with such rules.

(C)(1)
An institutionalized individual may be granted a waiver of all or a
portion of the period of ineligibility to which the individual would
otherwise be subjected under division (B) of this section if the
ineligibility would cause an undue hardship for the individual.

(2)
An institutionalized individual
shall

may

be
granted a waiver of all or a portion of the period of ineligibility
if the administrator of the nursing facility in which the individual
resides has notified the individual of a proposed transfer or
discharge under section 3721.16 of the Revised Code due to failure to
pay for the care the nursing facility has provided to the individual,
the individual or the individual's sponsor requests a hearing on the
proposed transfer or discharge in accordance with section 3721.161 of
the Revised Code, and the transfer or discharge is upheld by a final
determination that is not subject to further appeal.

(3)
An institutionalized individual may be granted a waiver of all of the
period of ineligibility if all of the assets that were disposed of
for less than fair market value are returned to the individual or
individual's spouse or if the individual or individual's spouse
receives cash or other personal or real property that equals the
difference between what the individual or individual's spouse
received for the assets and the fair market value of the assets.
Except as provided in division (C)(1) or (2) of this section, no
waiver of any part of the period of ineligibility shall be granted if
the amount the individual or individual's spouse receives is less
than the difference between what the individual or individual's
spouse received for the assets and the fair market value of the
assets.

(4)
Waivers shall be granted in accordance with rules adopted under
section 5163.02 of the Revised Code.

(D)
To secure compliance with this section, the medicaid director may
require an individual, as a condition of initial or continued
eligibility for medicaid, to provide documentation of the
individual's assets up to five years before the date the individual
becomes an institutionalized individual if the individual is eligible
for medicaid on that date or the date the individual applies for
medicaid while an institutionalized individual. Documentation may
include tax returns, records from financial institutions, and real
property records.

Sec.
5163.33.
(A)
In determining the amount of income that a medicaid recipient must
apply monthly toward payment of the cost of care in a nursing
facility or ICF/IID, a county department of job and family services
shall deduct from the recipient's monthly income a monthly personal
needs allowance in accordance with the "Social Security Act,"
section 1902(q), 42 U.S.C. 1396a(q).

(B)
In the case of a resident of a nursing facility, the monthly personal
needs allowance shall be not less than
fifty

seventy-five

dollars
for an individual resident and not less than one hundred
fifty

dollars
for a married couple if both spouses are residents of a nursing
facility and their incomes are considered available to each other in
determining eligibility.

(C)
In the case of a resident of an ICF/IID, the monthly personal needs
allowance shall be as follows:

(1)
Prior to January 1, 2016, forty dollars unless the resident has
earned income, in which case the monthly personal needs allowance
shall be determined by the department of medicaid, or the
department's designee, but shall not exceed one hundred five dollars;

(2)
For calendar year 2016 and each calendar year thereafter, not less
than
fifty

seventy-five

dollars
for an individual resident and not less than one hundred
fifty

dollars
for a married couple if both spouses are residents of an ICF/IID and
their incomes are considered available to each other in determining
eligibility.

Sec.
5163.50.
(A)
The department of medicaid shall issue one or more requests for
information relating to medicaid eligibility data and operations to
identify and assess systems and solutions that may be available to
improve or augment the management, efficiency, frequency, and
accuracy of medicaid eligibility determinations and processing. The
requests for information shall include systems and data relating to
all of the following:

(1)
Medicaid enrollee or applicant identity verification;

(2)
Medicaid enrollee death verification;

(3)
Employment and wages;

(4)
Lottery winnings;

(5)
Residency verification including residency relating to concurrent
enrollment in medicaid programs in other states;

(6)
Household composition;

(7)
Medicaid enrollee incarceration status;

(8)
Third-party liability verification;

(9)
Asset verification;

(10)
Any other records or systems the department considers appropriate in
order to strengthen program integrity, reduce costs, and reduce
fraud, waste, and abuse in the medicaid program.

(B)
As part of the considerations under division (A) of this section, the
department shall consider augmenting existing vendor arrangements
relating to processing and managing medicaid eligibility cases.

(C)
The department may procure one or more vendors to implement any
solutions identified as cost effective and feasible. Any vendor
compensation under this section shall be performance-based.

(D)
The department shall prepare and submit a report to the chairpersons
of the standing committees in the house of representatives and senate
with jurisdiction over medicaid detailing its findings from the
requests for information and considerations conducted under this
section.

Sec.
5164.093.
(A)
As used in this section, "rapid whole genome sequencing"
means an investigation of the entire human genome, including coding
and non-coding regions and mitochondrial deoxyribonucleic acid, to
identify disease-causing genetic changes, and includes patient-only
whole genome sequencing and duo and trio whole genome sequencing of
the patient and biological parent or parents.

(B)
Beginning one year after the effective date of this section, and
subject to approval from the centers for medicare and medicaid
services, the medicaid program shall reimburse medicaid providers for
rapid whole genome sequencing for patients who are Medicaid
recipients and meet all of the following criteria:

(1)
The patient is under one year of age.

(2)
The patient has a complex or acute illness of unknown etiology that
is not confirmed to be caused by an environmental exposure, toxic
ingestion, infection with normal response to therapy, or trauma.

(3)
The patient is receiving hospital services in an intensive care unit
or other high acuity care unit within a hospital.

(C)
A laboratory performing the rapid whole genome sequencing provided
pursuant to this section shall return the preliminary positive
results within seven days and final results within fifteen days from
the date of receipt of the sample.

(D)
Payment provided pursuant to this section may be subject to any of
the following evidence-based medical necessity criteria:

(1)
The patient has symptoms that suggest a broad differential diagnosis
that would require an evaluation by multiple genetic tests if rapid
whole genome sequencing is not performed.

(2)
The patient's treating health care provider has determined that
timely identification of a molecular diagnosis is necessary to guide
clinical decision-making and testing results may guide the treatment
or management of the patient's condition.

(3)
The patient has a family genetic history related to the patient's
condition.

(4)
The patient has a complex or acute illness of unknown etiology
including at least one of the following conditions:

(a)
Congenital anomalies involving at least two organ systems or complex
or multiple congenital anomalies in one organ system;

(b)
Specific organ malformations highly suggestive of a genetic etiology;

(c)
Abnormal laboratory tests or abnormal chemistry profiles suggesting
the presence of a genetic disease, complex metabolic disorder, or
inborn error of metabolism;

(d)
Refractory or severe hypoglycemia or hyperglycemia;

(e)
Abnormal response to therapy related to an underlying medical
condition affecting vital organs or bodily systems;

(f)
Severe muscle weakness, rigidity, or spasticity;

(g)
A high-risk stratification for a brief, resolved, unexplained, and
recurrent event that is any of the following:

(i)
An event without respiratory infection;

(ii)
A witnessed seizure-like event;

(iii)
A cardiopulmonary resuscitation event.

(h)
Refractory seizures;

(i)
Abnormal cardiac diagnostic testing results suggestive of possible
channelopathies, arrhythmias, cardiomyopathies, myocarditis,or
structural heart disease;

(j)
Abnormal diagnostic imaging studies suggestive of an underlying
genetic condition;

(k)
Abnormal physiologic function studies suggestive of an underlying
genetic etiology.

(E)
The director may add conditions to those specified in division (D)(4)
of this section based on new medical evidence and may provide
coverage for rapid whole genome sequencing or other next-generation
sequencing and genetic testing in addition to the reimbursement
required under this section.

(F)(1)
Except as provided in division(F)(2) of this section, genetic data
generated as a result of performing rapid whole genome sequencing
pursuant to this section shall have a primary use of assisting the
ordering health care professional and treating care team to diagnose
and treat the patient, and as protected health information it shall
be subject to the requirements applicable to protected health
information set forth in the "Health Insurance Portability and
Accountability Act of 1996," 42 U.S.C. 1320d et seq., the
"Health Information Technology for Economic and Clinical Health
Act of 2009," 42 U.S.C. 17921 et seq., and any other applicable
law regarding protected health information.

(2)
Genetic data generated from rapid whole genome sequencing reimbursed
under this section can be used in scientific research if consent for
such use of the data has been expressly given by the patient's legal
guardian. The patient, the patient's legal guardian, or the patient's
health care provider with the patient or the patient's guardian's
consent, may request access to the results of the testing for use in
other clinical settings. A health care provider may only charge a fee
to the patient based on the direct costs of producing the results in
a format usable in other clinical settings. A patient or a patient's
legal guardian shall have the right to rescind the original consent
to the use of the data in scientific research at any time, and upon
receipt of a written revocation of the consent the health care
provider or other entity using the data shall cease use and expunge
the data from any data repository where it is held.

(G)
The director shall take any actions necessary to implement the
provisions of this section, including:

(1)
Adopting rules authorized by section 5166.02 of the Revised Code;

(2)
Any other administrative action determined to be necessary to
implement the requirements of this section.

Sec.
5165.19.
(A)(1)
Semiannually, except as provided in division (A)(2) of this section,
the department of medicaid shall determine each nursing facility's
per medicaid day payment rate for direct care costs by multiplying
the facility's semiannual case-mix score determined under section
5165.192 of the Revised Code by the cost per case-mix unit determined
under division (C) of this section for the facility's peer group.

(2)
Beginning January 1, 2024, during state fiscal years 2024 and 2025,
the department shall determine each nursing facility's per medicaid
day payment rate for direct care costs by multiplying the cost per
case-mix unit determined under division (C) of this section for the
facility's peer group by the case-mix score specified in division
(A)(2)(a) or (b) of this section, as selected by the nursing facility
not later than October 1, 2023. If the nursing facility does not make
a selection by October 1, 2023, the case-mix score specified in
division (A)(2)(a) of this section shall apply. The case-mix score
may be either of the following:

(a)
The semiannual case-mix score determined for the facility under
division (A)(1) of this section;

(b)
The facility's quarterly case-mix score from March 31, 2023, which
shall apply to the facility's direct care rate from January 1, 2024,
to June 30, 2025.

(B)
For the purpose of determining nursing facilities' rates for direct
care costs, the department shall establish three peer groups.

(1)
Each nursing facility located in any of the following counties shall
be placed in peer group one: Brown, Butler, Clermont, Clinton,
Hamilton, and Warren.

(2)
Each nursing facility located in any of the following counties shall
be placed in peer group two: Allen, Ashtabula, Champaign, Clark,
Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin, Fulton,
Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain, Lucas, Madison,
Mahoning, Marion, Medina, Miami, Montgomery, Morrow, Ottawa,
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Stark, Summit,
Trumbull, Union, and Wood.

(3)
Each nursing facility located in any of the following counties shall
be placed in peer group three: Adams, Ashland, Athens, Auglaize,
Belmont, Carroll, Columbiana, Coshocton, Crawford, Defiance, Erie,
Gallia, Guernsey, Hardin, Harrison, Henry, Highland, Hocking, Holmes,
Huron, Jackson, Jefferson, Lawrence, Logan, Meigs, Mercer, Monroe,
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,
Scioto, Shelby, Tuscarawas, Van Wert, Vinton, Washington, Wayne,
Williams, and Wyandot.

(C)(1)

The

Except
as provided in division (C)(4) of this section, the
department
shall determine a cost per case-mix unit for each peer group
established under division (B) of this section. The cost per case-mix
unit determined under this division for a peer group shall be used
for subsequent years until the department conducts a rebasing. To
determine a peer group's cost per case-mix unit, the department shall
do both of the following:

(a)
Determine the cost per case-mix unit for each nursing facility in the
peer group for the applicable calendar year by dividing each
facility's desk-reviewed, actual, allowable, per diem direct care
costs for the applicable calendar year by the facility's annual
average case-mix score determined under section 5165.192 of the
Revised Code for the applicable calendar year;

(b)
Subject to division (C)(2) of this section, identify which nursing
facility in the peer group is at the seventieth percentile of the
cost per case-mix units determined under division (C)(1)(a) of this
section.

(2)
In making the identification under division (C)(1)(b) of this
section, the department shall exclude both of the following:

(a)
Nursing facilities that participated in the medicaid program under
the same provider for less than twelve months in the applicable
calendar year;

(b)
Nursing facilities whose cost per case-mix unit is more than one
standard deviation from the mean cost per case-mix unit for all
nursing facilities in the nursing facility's peer group for the
applicable calendar year.

(3)
The department shall not redetermine a peer group's cost per case-mix
unit under this division based on additional information that it
receives after the peer group's per case-mix unit is determined. The
department shall redetermine a peer group's cost per case-mix unit
only if it made an error in determining the peer group's cost per
case-mix unit based on information available to the department at the
time of the original determination.

(4)
The department shall multiply each cost per case-mix unit determined
under division (C)(1) of this section by the peer group average
case-mix score in effect on December 31, 2025, divided by the peer
group average case-mix score determined under section 5165.192 of the
Revised Code for the semiannual period beginning January 1, 2026. The
product determined under this division for each nursing facility's
peer group shall be the cost per case-mix unit used to determine the
nursing facility's per medicaid day payment rate for direct care
costs under division (A)(1) of this section for the period beginning
January 1, 2026, and ending on the day before the department's next
rebasing conducted after that date takes effect.

Sec.
5165.192.
(A)(1)
Except as provided in division (B) of this section and in accordance
with the process specified in rules authorized by this section, the
department of medicaid shall do all of the following:

(a)
Every quarter, determine the following two case-mix scores for each
nursing facility:

(i)
A quarterly case-mix score that includes each resident who is a
medicaid recipient and is not a low case-mix resident;

(ii)
A quarterly case-mix score that includes each resident regardless of
payment source.

(b)
Every six months, determine a semiannual average case-mix score for
each nursing facility by using the quarterly case-mix scores
determined for the nursing facility pursuant to division (A)(1)(a)(i)
of this section;

(c)
After the end of each calendar year, determine an annual average
case-mix score for each nursing facility by using the quarterly
case-mix scores determined for the nursing facility pursuant to
division (A)(1)(a)(ii) of this section.

(2)
When determining case-mix scores under division (A)(1) of this
section, the department shall use all of the following:

(a)
Data from a resident assessment instrument specified in rules
authorized by section 5165.191 of the Revised Code;

(b)
Except as provided in rules authorized by this section, the case-mix
values established by the United States department of health and
human services;

(c)
Except as modified in rules authorized by this section, the grouper
methodology used on
June
30, 1999
October
1, 2019, for the patient driven payment model nursing index
,
by the United States department of health and human services for
prospective payment of skilled nursing facilities under the medicare
program.

(B)(1)
Subject to division (B)(2) of this section, the department, for one
or more months of a calendar quarter, may assign to a nursing
facility a case-mix score that is five per cent less than the nursing
facility's case-mix score for the immediately preceding calendar
quarter if any of the following apply:

(a)
The provider does not timely submit complete and accurate resident
assessment data necessary to determine the nursing facility's
case-mix score for the calendar quarter;

(b)
The nursing facility was subject to an exception review under section
5165.193 of the Revised Code for the immediately preceding calendar
quarter;

(c)
The nursing facility was assigned a case-mix score for the
immediately preceding calendar quarter.

(2)
Before assigning a case-mix score to a nursing facility due to the
submission of incorrect resident assessment data, the department
shall permit the provider to correct the data. The department may
assign the case-mix score if the provider fails to submit the
corrected resident assessment data not later than the earlier of the
forty-fifth day after the end of the calendar quarter to which the
data pertains or the deadline for submission of such corrections
established by regulations adopted by the United States department of
health and human services under Title XVIII and Title XIX.

(3)
If, for more than six months in a calendar year, a provider is paid a
rate determined for a nursing facility using a case-mix score
assigned to the nursing facility under division (B)(1) of this
section, the department may assign the nursing facility a cost per
case-mix unit that is five per cent less than the nursing facility's
actual or assigned cost per case-mix unit for the immediately
preceding calendar year. The department may use the assigned cost per
case-mix unit, instead of determining the nursing facility's actual
cost per case-mix unit in accordance with section 5165.19 of the
Revised Code, to establish the nursing facility's rate for direct
care costs for the fiscal year immediately following the calendar
year for which the cost per case-mix unit is assigned.

(4)
The department shall take action under division (B)(1), (2), or (3)
of this section only in accordance with rules authorized by this
section. The department shall not take an action that affects rates
for prior payment periods except in accordance with sections 5165.41
and 5165.42 of the Revised Code.

(C)
The medicaid director shall adopt rules under section 5165.02 of the
Revised Code as necessary to implement this section.

(1)
The rules shall do all of the following:

(a)
Specify the process for determining the semiannual and annual average
case-mix scores for nursing facilities;

(b)

Adjust
the case-mix values specified in division (A)(2)(b) of this section
to reflect changes in relative wage differentials that are specific
to this state;

(c)
Express all of those case-mix values in numeric terms that are
different from the terms specified by the United States department of
health and human services but that do not alter the relationship of
the case-mix values to one another;

(d)

Modify the grouper methodology specified in division (A)(2)(c) of
this section as follows:

(i)

Establish
a different hierarchy for assigning residents to case-mix categories
under the methodology;

(ii)
Allow the use of the index maximizer element of the methodology;

(iii)

Incorporate
changes
to
the

grouper

methodology

for
the patient driven payment model nursing index used by

the United States department of health and human services
makes
after June 30, 1999
on
October 1, 2019, for prospective payment of skilled nursing
facilities under the medicare program
;

(iv)
(ii)

Make other changes the department determines are necessary.

(e)
(c)

Establish procedures under which resident assessment data shall be
reviewed for accuracy and providers shall be notified of any data
that requires correction;

(f)
(d)

Establish procedures for providers to correct resident assessment
data and specify a reasonable period of time by which providers shall
submit the corrections. The procedures may limit the content of
corrections in the manner required by regulations adopted by the
United States department of health and human services under Title
XVIII and Title XIX.

(g)
(e)

Specify when and how the department will assign case-mix scores or
costs per case-mix unit to a nursing facility under division (B) of
this section if information necessary to calculate the nursing
facility's case-mix score is not provided or corrected in accordance
with the procedures established by the rules.

(2)
Notwithstanding any other provision of this chapter, the rules may
provide for the exclusion of case-mix scores assigned to a nursing
facility under division (B) of this section from the determination of
the nursing facility's semiannual or annual average case-mix score
and the cost per case-mix unit for the nursing facility's peer group.

Sec.
5165.26.
(A)
As used in this section:

(1)
"Base rate" means the portion of a nursing facility's total
per medicaid day payment rate determined under divisions (A) and (B)
of section 5165.15 of the Revised Code.

(2)
"CMS" means the United States centers for medicare and
medicaid services.

(3)
"Long-stay resident" means an individual who has resided in
a nursing facility for at least one hundred one days.

(4)
"Nursing facilities for which a quality score was determined"
includes nursing facilities that are determined to have a quality
score of zero.

(5)
"SFF list" means the list of nursing facilities that the
United States department of health and human services creates under
the special focus facility program.

(6)
"Special focus facility program" means the program
conducted by the United States secretary of health and human services
pursuant to section 1919(f)(10) of the "Social Security Act,"
42 U.S.C. 1396r(f)(10).

(B)
Subject to divisions (D) and (E) and except as provided in division
(F) of this section, the department of medicaid shall determine each
nursing facility's per medicaid day quality incentive payment rate as
follows:

(1)
Determine the sum of the quality scores determined under division (C)
of this section for all nursing facilities.

(2)
Determine the average quality score by dividing the sum determined
under division (B)(1) of this section by the number of nursing
facilities for which a quality score was determined.

(3)
Determine the sum of the total number of medicaid days for all of the
calendar year preceding the fiscal year for which the rate is
determined for all nursing facilities for which a quality score was
determined.

(4)
Multiply the average quality score determined under division (B)(2)
of this section by the sum determined under division (B)(3) of this
section.

(5)
Determine the value per quality point by determining the quotient of
the following:

(a)
The sum determined under division (E)(2) of this section.

(b)
The product determined under division (B)(4) of this section.

(6)
Multiply the value per quality point determined under division (B)(5)
of this section by the nursing facility's quality score determined
under division (C) of this section.

(C)(1)
Except as provided in divisions (C)(2) and (3) of this section, a
nursing facility's quality score for a state fiscal year shall be the
sum of the following:

(a)
The total number of points that CMS assigned to the nursing facility
under CMS's nursing facility five-star quality rating system for the
following quality metrics, or CMS's successor metrics as described
below, based on the most recent four-quarter average data, or the
average data for fewer quarters in the case of successor metrics,
available in the database maintained by CMS and known as nursing home
compare in the most recent month of the calendar year during which
the fiscal year for which the rate is determined begins:

(i)
The percentage of the nursing facility's long-stay residents at high
risk for pressure ulcers who had pressure ulcers;

(ii)
The percentage of the nursing facility's long-stay residents who had
a urinary tract infection;

(iii)
The percentage of the nursing facility's long-stay residents whose
ability to move independently worsened;

(iv)
The percentage of the nursing facility's long-stay residents who had
a catheter inserted and left in their bladder.

If
CMS ceases to publish any of the metrics specified in division
(C)(1)(a) of this section, the department shall use the nursing
facility quality metrics on the same topics that CMS subsequently
publishes.

(b)
Seven and five-tenths points for fiscal year 2024 and three points
for fiscal year 2025 and subsequent fiscal years if the nursing
facility's occupancy rate is greater than seventy-five per cent. For
purposes of this division, the department shall utilize the
facility's occupancy rate for licensed beds reported on its cost
report for the calendar year preceding the fiscal year for which the
rate is determined or, if the facility is not required to be
licensed, the facility's occupancy rate for certified beds. If the
facility surrenders licensed or certified beds before the first day
of July of the calendar year in which the fiscal year begins, the
department shall calculate a nursing facility's occupancy rate by
dividing the inpatient days reported on the facility's cost report
for the calendar year preceding the fiscal year for which the rate is
determined by the product of the number of days in the calendar year
and the facility's number of licensed, or if applicable, certified
beds on the first day of July of the calendar year in which the
fiscal year begins.

(c)
Beginning with state fiscal year 2025, the total number of points
that CMS assigned to the nursing facility under CMS's nursing
facility five-star quality rating system for the following quality
metrics, or successor metrics designated by CMS, based on the most
recent four-quarter average data available in the database maintained
by CMS and known as nursing home compare in the most recent month of
the calendar year during which the fiscal year for which the rate is
determined begins:

(i)
The percentage of the nursing facility's long-stay residents whose
need for help with daily activities has increased;

(ii)
The percentage of the nursing facility's long-stay residents
experiencing one or more falls with major injury;

(iii)
The percentage of the nursing facility's long-stay residents who were
administered an antipsychotic medication;

(iv)
Adjusted total nurse staffing hours per resident per day using
quintiles instead of deciles by using the points assigned to the
higher of the two deciles that constitute the quintile.

If
CMS ceases to publish any of the metrics specified in division
(C)(1)(c) of this section, the department shall use the nursing
facility quality metrics on the same topics CMS subsequently
publishes.

(2)
In determining a nursing facility's quality score for a state fiscal
year, the department shall make the following adjustment to the
number of points that CMS assigned to the nursing facility for each
of the quality metrics specified in divisions (C)(1)(a) and (c) of
this section:

(a)
Unless division (C)(2)(b) or (c) of this section applies, divide the
number of the nursing facility's points for the quality metric by
twenty.

(b)
If CMS assigned the nursing facility to the lowest percentile for the
quality metric, reduce the number of the nursing facility's points
for the quality metric to zero.

(c)
If the nursing facility's total number of points calculated for or
during a state fiscal year for all of the quality metrics specified
in divisions (C)(1)(a), and if applicable, division (C)(1)(c) of this
section is less than a number of points that is equal to the
twenty-fifth percentile of all nursing facilities, calculated using
the points for the July 1 rate setting of that fiscal year reduce the
nursing facility's points to zero until the next point calculation.
If a facility's recalculated points under division (C)(3) of this
section are below the number of points determined to be the
twenty-fifth percentile for that fiscal year, the facility shall
receive zero points for the remainder of that fiscal year.

(3)
A nursing facility's quality score shall be recalculated for the
second half of the state fiscal year based on the most recent four
quarter average data, or the average data for fewer quarters in the
case of successor metrics, available in the database maintained by
CMS and known as the care compare, in the most recent month of the
calendar year during which the fiscal year for which the rate is
determined begins. The metrics specified by division (C)(1)(b) of
this section shall not be recalculated. In redetermining the quality
payment for each facility based on the recalculated points, the
department shall use the same per point value determined for the
quality payment at the start of the fiscal year.

(D)
A nursing facility shall not receive a quality incentive payment if
the Department of Health assigned the nursing facility to the SFF
list under the special focus facility program and the nursing
facility is listed in table A, on the first day of May of the
calendar year for which the rate is being determined.

(E)
The total amount to be spent on quality incentive payments under
division (B) of this section for a fiscal year shall be determined as
follows:

(1)
Determine the following amount for each nursing facility:

(a)
The amount that is five and two-tenths per cent of the nursing
facility's base rate for nursing facility services provided on the
first day of the state fiscal year plus one dollar and seventy-nine
cents plus sixty per cent of the per diem amount by which the nursing
facility's rate for direct care costs determined for the fiscal year
under section 5165.19 of the Revised Code changed as a result of the
rebasing conducted under section 5165.36 of the Revised Code.

(b)
Multiply the amount determined under division (E)(1)(a) of this
section by the number of the nursing facility's medicaid days for the
calendar year preceding the fiscal year for which the rate is
determined.

(2)
Determine the sum of the products determined under division (E)(1)(b)
of this section for all nursing facilities for which the product was
determined for the state fiscal year.

(3)
To the sum determined under division (E)(2) of this section, add one
hundred twenty-five million dollars.

(F)(1)
Beginning July 1, 2023, a new nursing facility shall receive a
quality incentive payment for the fiscal year in which the new
facility obtains an initial provider agreement and the immediately
following fiscal year equal to the median quality incentive payment
determined for nursing facilities for the fiscal year. For the state
fiscal year after the immediately following fiscal year and
subsequent fiscal years, the quality incentive payment shall be
determined under division (C) of this section.

(2)
A nursing facility that undergoes a change of operator with an
effective date of July 1,
2023
2025
,
or later shall not receive a quality incentive payment until the
earlier of the first day of January or the first day of July that is
at least six months after the effective date of the change of
operator. Thereafter
any

quality
incentive payment shall be determined under division (C) of this
section.

(3)
A nursing facility that undergoes a change of owner with an effective
date of July 1, 2023, or later shall not receive a quality incentive
payment until the earlier of the first day of January or the first
day of July that is at least six months after the effective date of
the change of owner if, within one year after the change of owner,
there is an increase in the lease payments or other financial
obligations of the operator to the owner above the payments or
obligations specified by the agreement between the previous owner and
the operator. Thereafter, any quality incentive payments for the
facility shall be determined under division (C) of this section.

Sec.
5166.03.
The
medicaid director may not submit a request to the United States
secretary of health and human services for a medicaid waiver under
the "Social Security Act," section 1115, 42 U.S.C. 1315,
unless the director provides the speaker of the house of
representatives and president of the senate written notice of the
director's intent to submit the request at least ten days before the
date the director submits the request to the United States secretary.
The notice shall include a detailed explanation of the medicaid
waiver the director proposes to seek

and
confirmation that the department of medicaid has complied with the
requirements of section 5162.08 of the Revised Code
.

Sec.
5166.50.
(A)
Within one year of the effective date of this section, the department
of medicaid shall apply for a medicaid waiver component to provide
reentry services to medicaid-eligible imprisoned individuals for
ninety days before an imprisoned individual's expected release date.
The benefits provided shall include:

(1)
Mental health services;

(2)
Behavioral health services;

(3)
Substance use disorder treatment and related services;

(4)
A thirty-day supply of prescription medication at the time of
release, including medication administered by injection.

(B)
The department shall implement the medicaid waiver component within
one year after approval from the United States centers for medicare
and medicaid services.

(C)(1)
If the department is unable to apply for the medicaid waiver
component within the time frame specified in division (A) of this
section, the department shall request an extension of up to thirty
days from the speaker of the house of representatives and the
president of the senate.

(2)
If the department is unable to implement the medicaid waiver
component within the time frame specified in division (B) of this
section, the department shall request an extension for the amount of
time needed to implement the waiver component from the speaker of the
house of representatives and the president of the senate.

(D)
If the medicaid waiver component is not approved by the United States
centers for medicare and medicaid services, the department shall
reapply for the waiver within four years after the effective date of
this section.

Sec.
5167.01.
As
used in this chapter:

(A)
"340B
covered
entity
grantee
"
means an entity described in section 340B(a)(4)
(A)-(K)

of the "Public Health Service Act," 42 U.S.C.
256b(a)(4)
(A)-(K)
that is designated as an active (A)-(K) entity under the health
resources and services administration covered entity daily report,

and includes any pharmacy under contract with the entity to dispense
drugs on behalf of the entity.

(B)
"Affiliated company" means an entity, including a
third-party payer or specialty pharmacy, with common ownership,
members of a board of directors, or managers, or that is a parent
company, subsidiary company, jointly held company, or holding company
with respect to the other entity.

(C)
"Care management system" means the system established under
section 5167.03 of the Revised Code.

(D)
"Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.

(E)
"Dual eligible individual" has the same meaning as in
section 5160.01 of the Revised Code.

(F)
"Emergency services" has the same meaning as in the "Social
Security Act," section 1932(b)(2), 42 U.S.C. 1396u-2(b)(2).

(G)
"Enrollee" means a medicaid recipient who participates in
the care management system and enrolls in a medicaid MCO plan.

(H)
"ICDS participant"
has

and
"integrated care delivery system" have
the
same
meaning

meanings

as
in section 5164.01 of the Revised Code.

(I)

"ICDS
successor program" means a fully integrated dual eligible
special needs plan established in accordance with 42 C.F.R. 422.107,
that the department of medicaid utilizes as a replacement for the
integrated care delivery system.

(J)

"Medicaid
managed care organization" means a managed care organization
under contract with the department of medicaid pursuant to section
5167.10 of the Revised Code.

(J)
(K)

"Medicaid MCO plan" means a plan that a medicaid managed
care organization, pursuant to its contract with the department of
medicaid under section 5167.10 of the Revised Code, makes available
to medicaid recipients participating in the care management system.

(K)
(L)

"Medicaid waiver component" has the same meaning as in
section 5166.01 of the Revised Code.

(L)
(M)

"Network provider" has the same meaning as in 42 C.F.R.
438.2.

(M)
(N)

"Nursing facility services" has the same meaning as in
section 5165.01 of the Revised Code.

(N)
(O)

"Part B drug" means a drug or biological described in
section 1842(o)(1)(C) of the "Social Security Act," 42
U.S.C. 1395u(o)(1)(C).

(O)
(P)

"Pharmacy benefit manager" has the same meaning as in
section 3959.01 of the Revised Code.

(P)
(Q)

"Practice of pharmacy" has the same meaning as in section
4729.01 of the Revised Code.

(Q)
(R)

"Prescribed drug" has the same meaning as in section
5164.01 of the Revised Code.

(R)
(S)

"Prior authorization requirement" has the same meaning as
in section 5160.34 of the Revised Code.

(S)
(T)

"Provider" means any person or government entity that
furnishes services to a medicaid recipient enrolled in a medicaid MCO
plan, regardless of whether the person or entity has a provider
agreement.

(T)
(U)

"Provider agreement" has the same meaning as in section
5164.01 of the Revised Code.

(U)
(V)

"State pharmacy benefit manager" means the pharmacy benefit
manager selected by and under contract with the medicaid director
under section 5167.24 of the Revised Code.

(V)
(W)

"Third-party administrator" means any person who adjusts or
settles claims on behalf of an insuring entity in connection with
life, dental, health, prescription drugs, or disability insurance or
self-insurance programs and includes a pharmacy benefit manager.

Sec.
5167.03.
(A)

As
part of the medicaid program, the department of medicaid shall
establish a care management system. The department shall implement
the system in some or all counties.

(B)

The
department shall designate the medicaid recipients who are required
or permitted to participate in the care management system. Those who
shall be required to participate in the system include medicaid
recipients who receive cognitive behavioral therapy as described in
division (A)(2) of section 5167.16 of the Revised Code. Except as
provided in section 5166.406 of the Revised Code, no medicaid
recipient participating in the healthy Ohio program established under
section 5166.40 of the Revised Code shall participate in the system.

The

(C)
Except as otherwise provided in this section, the
general
assembly's authorization through the enactment of legislation is
needed before home and community-based services available under a
medicaid waiver component or nursing facility services are included
in the care management system
,
except that
.

ICDS
participants
,
or participants in the ICDS successor program,

may be required or permitted to obtain such services under the
system. Medicaid recipients who receive such services may be
designated for voluntary or mandatory participation in the system in
order to receive other health care services included in the system.

The

(D)
Subject to division (E) of this section, the
department
may require or permit participants in the care management system to
do either or both of the following:

(A)

(1)

Obtain
health care services from providers designated by the department;

(B)

(2)

Enroll
in a medicaid MCO plan.

(E)(1)
The department shall allow individuals participating in the care
management system to enroll in the medicaid MCO plan of the
individual's choosing. If an individual does not elect a medicaid MCO
plan in which to enroll during the time period specified by the
department, the department shall randomly assign the individual to a
medicaid MCO plan. When assigning individuals to a medicaid MCO plan
under this division, the department shall not give preference to any
specific medicaid MCO plan or group of plans.

(2)
If the department is unable to satisfy the requirements established
under division (E)(1) of this section, it shall notify the general
assembly, the legislative service commission, and the auditor of
state not later than thirty days after making such a determination.
As part of the notice required under this division, the department
shall provide an explanation as to why it is unable to satisfy the
requirements.

Sec.
5167.09.
The
department of medicaid shall include all of the following on the
department's managed care financial dashboard:

(A)
Actuarial metrics for annual and quarterly cost reports, delineated
by the following categories:

(1)
Adults for whom financial eligibility for the medicaid program is
determined by utilizing the modified adjusted gross income standard
and who are not members of the expansion eligibility group;

(2)
Children for whom financial eligibility for the medicaid program is
determined by utilizing the modified adjusted gross income standard;

(3)
Individuals in the aged, blind, and disabled eligibility group who
are twenty-one years of age or older;

(4)
Individuals in the aged, blind, and disabled eligibility group who
are twenty years of age or younger;

(5)
Individuals who are members of the expansion eligibility group;

(6)
Individuals who are members of the adoption and foster kids
eligibility group;

(7)
All other individuals eligible for medicaid benefits who are not
included in another category described in division (A) of this
section.

(B)
Quarterly and annual composite per member per month category of
service reports for each managed care organization providing services
under the care management system, delineated into the following
categories:

(1)
Inpatient services;

(2)
Outpatient facility services;

(3)
Professional services;

(4)
Radiology, pathology, and laboratory services;

(5)
Pharmacy services;

(6)
Behavioral health services;

(7)
All other services.

(C)
As used in this section, "expansion eligibility group" has
the same meaning as in section 5163.01 of the Revised Code.

Sec.
5167.123.
(A)
No contract between a medicaid managed care organization, including a
third-party administrator, and a 340B
covered
entity
grantee

shall
contain any of the following provisions:

(1)
A payment rate for a prescribed drug
provided
by a 340B grantee to an individual as a result of health care
services provided by the grantee directly to the individual,
that
is less than the
national
average drug acquisition cost rate for that drug as determined by the
United States centers for medicare and medicaid services, measured at
the time the drug is administered or dispensed, or, if no such rate
is available at that time, a reimbursement rate that is less than the
wholesale acquisition cost of the drug, as defined in 42 U.S.C.
1395w-3a(c)(6)(B)
payment
rate applied to health care providers that are not 340B grantees
;

(2)
A fee that is not imposed on a health care provider that is not a
340B
covered
entity
grantee
;

(3)
A fee amount that exceeds the amount for a health care provider that
is not a 340B
covered
entity
grantee
.

(B)
The organization, or its contracted third-party administrators, shall
not discriminate against a 340B
covered
entity
grantee

in
a manner that prevents or interferes with a medicaid recipient's
choice to receive a prescription drug from a 340B
covered
entity or its contracted pharmacies
grantee
.

(C)
Any provision of a contract entered into between the organization and
a 340B
covered
entity
grantee

that
is contrary to division (A) of this section is unenforceable and
shall be replaced with the dispensing fee or payment rate that
applies for health care providers that are not 340B
covered
entities
grantees.

(D)
A medicaid managed care organization or a third-party administrator
shall provide a payment rate for all prescribed drugs obtained
through the federal 340B drug pricing program by providers that are
not 340B grantees that is equal to the payment rate for those
prescribed drugs that is specified in the medicaid state plan.

(E)
Any payment made pursuant to a payment rate described in this section
is subject to audit by the department of medicaid under section
5160.20 of the Revised Code
.

Sec.
5167.24.
(A)
If the department of medicaid includes prescribed drugs in the care
management system as authorized under section 5167.05 of the Revised
Code, the medicaid director, through a procurement process, shall
select a third-party administrator to serve as the single pharmacy
benefit manager used by medicaid managed care organizations under the
care management system. The state pharmacy benefit manager shall be
responsible for processing all pharmacy claims under the care
management system. The department of medicaid is responsible for
enforcing the contract after the procurement process.

(B)
As part of the procurement process, the director shall do all of the
following:

(1)
Accept applications from entities seeking to become the state
pharmacy benefit manager;

(2)
Establish eligibility criteria an entity must meet in order to become
the state pharmacy benefit manager;

(3)
Select and contract with a single state pharmacy benefit manager;

(4)
Develop a master contract to be used by the director when contracting
with the state pharmacy benefit manager, which shall prohibit the
state pharmacy benefit manager from requiring a medicaid recipient to
obtain a specialty drug from a specialty pharmacy owned or otherwise
associated with the state pharmacy benefit manager.

(C)
A prospective state pharmacy benefit manager shall disclose to the
director all of the following during the procurement process:

(1)
Any activity, policy, practice, contract
,

or arrangement of the state pharmacy benefit manager that may
directly or indirectly present any conflict of interest with the
pharmacy benefit manager's relationship with or obligation to the
department or a medicaid managed care organization;

(2)
All common ownership, members of a board of directors, managers, or
other control of the pharmacy benefit manager (or any of the pharmacy
benefit manager's affiliated companies) with any of the following:

(a)
A medicaid managed care organization and its affiliated companies;

(b)
An entity that contracts on behalf of a pharmacy or any pharmacy
services administration organization and its affiliated companies;

(c)
A drug wholesaler or distributor and its affiliated companies;

(d)
A third-party payer and its affiliated companies;

(e)
A pharmacy and its affiliated companies.

(3)
Any direct or indirect fees, charges, or any kind of assessments
imposed by the pharmacy benefit manager on pharmacies licensed in
this state with which the pharmacy benefit manager shares common
ownership, management, or control; or that are owned, managed, or
controlled by any of the pharmacy benefit manager's affiliated
companies;

(4)
Any direct or indirect fees, charges, or any kind of assessments
imposed by the pharmacy benefit manager on pharmacies licensed in
this state
;

(6)
(5)

Any financial terms and arrangements between the pharmacy benefit
manager and a prescription drug manufacturer or labeler, including
formulary management, drug substitution programs, educational support
claims processing, or data sales fees.

(D)
The director shall select a provisional state pharmacy benefit
manager not later than July 1, 2020.

(1)
Once a provisional state pharmacy benefit manager has been selected,
full implementation of the entity as the state pharmacy benefit
manager shall be subject to that entity's demonstrated ability to
fulfill the duties and obligations of the state pharmacy benefit
manager as illustrated through a readiness review process established
by the director. Any entity failing to complete the readiness review
process shall be deemed as having not met the criteria of the review
process. The selected entity shall not enter into contracts with the
department or medicaid managed care organizations as the state
pharmacy benefit manager before the date on which the entity has
satisfactorily completed the readiness review process.

(2)
If the director determines that, for reasons beyond the director's
control, selection of a provisional state pharmacy benefit manager
cannot occur before July 1, 2020, the director shall notify the joint
medicaid oversight committee of the reasons for the delay and
identify the steps the director is taking to complete the selection
as expeditiously as possible.

Sec.
5168.08.
(A)
Before or during each program year, the department of medicaid shall
issue to each hospital the preliminary determination of the amount
that the hospital is assessed under section 5168.06 of the Revised
Code during the program year. The preliminary determination of a
hospital's assessment shall be calculated for a cost-reporting period
that is specified in rules adopted under section 5168.02 of the
Revised Code.

The
department shall consult with hospitals each year when determining
the date on which it will issue the preliminary determinations in
order to minimize hospitals' cash flow difficulties.

If
no hospital submits a request for reconsideration under division (B)
of this section, the preliminary determination constitutes the final
reconciliation of each hospital's assessment under section 5168.06 of
the Revised Code. The final reconciliation
is

constitutes
an interim final order and may be
subject
to adjustments
under

made
by the United States centers for medicare and medicaid services
pursuant to
division
(D) of this section.

(B)
Not later than fourteen days after the preliminary determinations are
issued, any hospital may submit to the department a written request
to reconsider the preliminary determinations. The request shall be
accompanied by written materials setting forth the basis for the
reconsideration
,
which may be delivered to the department by regular mail, electronic
mail, or in-person delivery
.

If
one or more hospitals submit a request, the department shall hold a
public hearing not later than thirty days after the preliminary
determinations are issued to reconsider the preliminary
determinations. The department shall issue to each hospital a written
notice of the date, time, and place of the hearing at least ten days
prior to the hearing.

On the basis of the evidence submitted to the department
or
presented at the public hearing
,
the department shall reconsider and may adjust the preliminary
determinations. The result of the reconsideration is the final
reconciliation of the hospital's assessment under section 5168.06 of
the Revised Code. The final reconciliation
is

constitutes
an interim final order and may be
subject
to adjustments
under

by
the United States centers for medicare and medicaid services pursuant
to
division
(D) of this section.

(C)
The department shall issue to each hospital a written notice of its
assessment for the program year under the final reconciliation. A
hospital may appeal the final reconciliation of its assessment to the
court of common pleas of Franklin county
,
pursuant to Chapter 2505. of the Revised Code. The complete record of
the proceedings shall include all documentation considered by the
department in issuing the final reconciliation
.
While a judicial appeal is pending, the hospital shall pay, in
accordance with the schedules required by division (B) of section
5168.06 of the Revised Code, any amount of its assessment that is not
in dispute into the hospital care assurance program fund created in
section 5168.11 of the Revised Code.

(D)
In the course of any program year, the department may adjust the
assessment rate or rates established in rules pursuant to section
5168.06 of the Revised Code or adjust the amounts of
intergovernmental transfers required under section 5168.07 of the
Revised Code and, as a result of the adjustment, adjust each
hospital's assessment and intergovernmental transfer, to reflect
refinements made by the United States centers for medicare and
medicaid services during that program year to the limits it
prescribed under the "Social Security Act," section
1923(f), 42 U.S.C. 1396r-4(f). When adjusted, the assessment rate or
rates must comply with division (A) of section 5168.06 of the Revised
Code. An adjusted intergovernmental transfer must comply with
division (A) of section 5168.07 of the Revised Code. The department
shall notify hospitals of adjustments made under this division and
adjust for the remainder of the program year the installments paid by
hospitals under sections 5168.06 and 5168.07 of the Revised Code in
accordance with rules adopted under section 5168.02 of the Revised
Code.

Sec.
5168.11.
(A)
Except as provided in section 5162.52 of the Revised Code, all
payments of assessments by hospitals under section 5168.06 of the
Revised Code and all intergovernmental transfers under section
5168.07 of the Revised Code shall be deposited in the state treasury
to the credit of the hospital care assurance program fund, hereby
created. All investment earnings of the hospital care assurance
program fund shall be credited to the fund. The department of
medicaid shall maintain records that show the amount of money in the
hospital care assurance program fund at any time that has been paid
by each hospital and the amount of any investment earnings on that
amount. All moneys credited to the hospital care assurance program
fund shall be used solely to make payments to hospitals under
division (D) of this section and section 5168.09 of the Revised Code.

(B)
All federal matching funds received as a result of the department
distributing funds from the hospital care assurance program fund to
hospitals under section 5168.09 of the Revised Code shall be credited
to the health care - federal fund created under section 5162.50 of
the Revised Code.

(C)
All distributions of funds to hospitals under section 5168.09 of the
Revised Code are conditional on:

(1)
Expiration of the time for appeals under section 5168.08 of the
Revised Code without the filing of an appeal, or on court
determinations, in the event of appeals, that the hospital is
entitled to the funds;

(2)
The sum of the following being sufficient to distribute the funds
after the final determination of any appeals:

(a)
The available money in the hospital care assurance program fund;

(b)
The available portion of the money in the health care - federal fund
that is credited to that fund pursuant to division (B) of this
section.

(3)
The hospital's compliance with section 5168.14 of the Revised Code.

(D)
If an audit conducted by the department
,
pursuant to 42 C.F.R. 455.304,

of the amounts of payments made and funds received by hospitals under
sections 5168.06, 5168.07, and 5168.09 of the Revised Code identifies
amounts that, due to errors by the department, a hospital should not
have been required to pay but did pay, should have been required to
pay but did not pay, should not have received but did receive, or
should have received but did not receive, the department shall:

(1)
Make payments to any hospital that the audit reveals paid amounts it
should not have been required to pay or did not receive amounts it
should have received;

(2)
Take action to recover from a hospital any amounts that the audit
reveals it should have been required to pay but did not pay or that
it should not have received but did receive.

Payments
made under division (D)(1) of this section shall be made from the
hospital care assurance program fund. Amounts recovered under
division (D)(2) of this section shall be deposited to the credit of
that fund.
Any
hospital may appeal the amount
An
action authorized under Chapter 2721. of the Revised Code and filed
in Franklin county shall be the exclusive remedy for any hospital
that disagrees with the amount that
the
hospital is to be paid under division (D)(1) or the amount that is to
be recovered from the hospital under division (D)(2) of this section

to
the court of common pleas of Franklin county
.

While
any judicial proceeding is pending under division (D) of this
section, a hospital shall pay to the hospital care assurance program
fund any amount identified pursuant to division (D)(2) of this
section that is not in dispute.

Sec.
5168.22.
(A)
Before or during each assessment program year, the department of
medicaid shall issue to each hospital the preliminary determination
of the amount that the hospital is assessed under section 5168.21 of
the Revised Code for the assessment program year. Except as provided
in division (B) of this section, the preliminary determination
becomes the final determination for the assessment program year
fifteen days after the preliminary determination is issued to the
hospital.

(B)
A hospital may request that the department reconsider the preliminary
determination issued to the hospital under division (A) of this
section by submitting to the department a written request for a
reconsideration not later than fourteen days after the hospital's
preliminary determination is issued to the hospital. The request must
be accompanied by written materials setting forth the basis for the
reconsideration
,
which may be delivered to the department by regular mail, electronic
mail, or in-person delivery
.
On receipt of the timely request, the department shall reconsider the
preliminary determination and may adjust the preliminary
determination on the basis of the written materials accompanying the
request. The result of the reconsideration is the final determination
of the hospital's assessment under section 5168.21 of the Revised
Code for the assessment program year.

(C)
The department shall issue to each hospital a written notice of the
final determination of its assessment for the assessment program
year. A hospital may appeal the final determination to the court of
common pleas of Franklin county
,
pursuant to Chapter 2505. of the Revised Code. The complete record of
the proceedings shall include all documentation considered by the
department in issuing the final determination
.
While a judicial appeal is pending, the hospital shall pay, in
accordance with section 5168.23 of the Revised Code, any amount of
its assessment that is not in dispute.

Sec.
5168.25.
There
is hereby created in the state treasury the hospital assessment fund.
All installment payments made by hospitals under section 5168.23 of
the Revised Code and all recoveries the department of medicaid makes
under section 5168.24 of the Revised Code shall be deposited into the
fund.
All
investment earnings of the fund shall be credited to the fund.

The department shall use money in the fund to pay for the costs of
the medicaid program, including the program's administrative costs.

Sec.
5168.90.
(A)
At least quarterly, the medicaid director shall report to the
members
of the joint medicaid oversight committee and the executive director
of the joint medicaid oversight committee
legislative
service commission
both
of the following:

(1)
The fee rates and the aggregate total of the fees assessed for each
of the following:

(a)
The hospital assessment established under section 5168.21 of the
Revised Code;

(b)
The nursing home and hospital long-term care unit franchise permit
fee under section 5168.41 of the Revised Code;

(c)
The ICF/IID franchise permit fee under section 5168.61 of the Revised
Code;

(d)
The health insuring corporation franchise fee under section 5168.76
of the Revised Code.

(2)
If there is a rate increase for any of the fee rates listed under
division (A)(1) of this section pending before the centers for
medicare and medicaid services.

(B)
The director may adopt rules under section 5162.02 of the Revised
Code to compile and submit the reports required under this section,
including rules, as authorized under section 5162.021 of the Revised
Code, that specify the information that must be submitted to the
director by the department of developmental disabilities regarding
the ICF/IID franchise permit fee.

Sec.

5104.50

5180.04
.

(A)

The
governor shall create the
early
childhood
children
and youth
advisory
council in accordance with 42 U.S.C. 9837b(b)(1)
and
20 U.S.C. 1441
and
shall appoint one of its members to serve as chairperson of the
council

with
the director of children and youth serving as co-chairperson
.

The

(B)(1)
The
council
shall serve as
both

the
state advisory council on early childhood education and care, as
described in 42 U.S.C. 9837b(b)(1)
,
and the state interagency coordinating council, as described in 20
U.S.C. 1441
.

In
addition to the duties specified in 42 U.S.C. 9837b(b)(1), the

(2)
The
council
shall
promote

advise
the governor on the availability, accessibility, affordability, and
quality of services provided through the prenatal and child-serving
systems. This includes fostering a continuum of care that promotes

family-centered
programs and services that acknowledge and support the social,
emotional, cognitive, intellectual, and physical development of
children and the vital role of families in ensuring the well-being
and success of children.

(3)

The

early
childhood advisory
council
shall advise the director of children and youth on matters affecting
the licensing of centers, type A homes, and type B homes and the
certification of in-home aides. The council shall make an annual
report to the director that addresses the availability,
affordability, accessibility, and quality of child care and that
summarizes the recommendations and plans of action that the council
has proposed to the director during the preceding fiscal year. The
director shall provide copies of the report to the governor, speaker
and minority leader of the house of representatives, and the
president and minority leader of the senate and, on request, shall
make copies available to the public.

(C)(1)
The advisory council shall include up to twenty-five members
appointed by the governor, including the following:

(a)
At least one representative of the department of children and youth;

(b)
At least one representative of the department of medicaid;

(c)
At least one representative of the department of job and family
services;

(d)
At least one representative of the department of behavioral health ;

(e)
At least one representative of the department of education and
workforce;

(f)
At least one representative of the department of health;

(g)
At least one representative of the department of developmental
disabilities;

(h)
At least one representative of the department of youth services;

(i)
At least one representative from each of the following stakeholder
groups, selected from multi-sized municipal corporations and
geographically diverse areas of the state, including rural, urban,
and suburban areas:

(i)
Maternal and infant vitality;

(ii)
Early intervention;

(iii)
Home visiting;

(iv)
Early childhood education;

(v)
Child care centers providing publicly funded child care;

(vi)
Family child care homes providing publicly funded child care;

(vii)
School child programs;

(viii)
Preschool programs;

(ix)
Children's services.

(2)
In making appointments to the advisory council, the governor shall
ensure that the membership of the council reasonably represents the
population of the state.

(D)(1)
The advisory council shall create topic-specific advisory groups that
address a continuum of services including the following:

(a)
Early childhood education and care;

(b)
Children services;

(c)
Maternal and infant vitality;

(d)
Early childhood mental health services and supports;

(e)
Early intervention services.

(2)
No representative of the department of children and youth shall serve
as a chairperson for a topic-specific advisory group.

(3)
The governor shall appoint additional members as necessary to the
early childhood education and care advisory group and the early
intervention services advisory group to satisfy the requirements of
42 U.S.C. 9837b(b)(1) and 20 U.S.C. 1441.

(4)
The director of children and youth shall appoint each representative
appointed pursuant to division (C)(1)(i) of this section to at least
one topic-specific advisory group.

Sec.
5180.14.
(A)
As used in this section and sections 5180.15, 5180.16, and 5180.17 of
the Revised Code:

(1)
"Child care center," "type A family child care home,"
and "licensed type B family child care home" have the same
meanings as in section 5104.01 of the Revised Code.

(2)
"Child care facility" means a child care center, a type A
family child care home, or a licensed type B family child care home.

(3)
"Foster caregiver" has the same meaning as in section
5103.02 of the Revised Code.

(4)
"Freestanding birthing center" has the same meaning as in
section 3701.503 of the Revised Code.

(5)
"Hospital" has the same meaning as in section 3722.01 of
the Revised Code to which either of the following applies:

(a)
The hospital has a maternity unit.

(b)
The hospital receives for care infants who have been transferred to
it from other facilities and who have never been discharged to their
residences following birth.

(6)
"Infant" means a child who is less than one year of age.

(7)
"Maternity unit" means the distinct portion of a hospital
in which maternity services are provided.

(8)
"Other person responsible for the infant" includes a foster
caregiver.

(9)
"Parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case "parent" means the parent who is
the residential parent and legal custodian of the child. "Parent"
also means a prospective adoptive parent with whom a child is placed.

(10)
"Shaken baby syndrome" means signs and symptoms, including,
but not limited to, retinal hemorrhages in one or both eyes, subdural
hematoma, or brain swelling, resulting from the violent shaking or
the shaking and impacting of the head of an infant or small child.

(B)
The director of children and youth shall establish the shaken baby
syndrome education program by doing all of the following:

(1)
Developing educational materials that present readily comprehendible
information on shaken baby syndrome;

(2)
Making available on the department of children and youth web site in
an easily accessible format the educational materials developed under
division (B)(1) of this section;

(3)
Annually assessing the effectiveness of the shaken baby syndrome
education program by doing all of the following:

(a)
Evaluating the reports received pursuant to section
5101.135

5180.405

of
the Revised Code;

(b)
Reviewing the content of the educational materials to determine if
updates or improvements should be made;

(c)
Reviewing the manner in which the educational materials are
distributed, as described in section 5180.15 of the Revised Code, to
determine if modifications to that manner should be made.

(C)
In meeting the requirements under division (B) of this section, the
director shall develop educational materials that, to the extent
possible, minimize administrative or financial burdens on any of the
entities or persons listed in section 5180.15 of the Revised Code.

Sec.
5180.17.
(A)
As used in this section:

(1)
"Contractor" means a person who provides personal services
pursuant to a contract.

(2)
"Critical access hospital" means a facility designated as a
critical access hospital by the director of health under section
3701.073 of the Revised Code.

(3)
"Crib" includes a portable play yard or other suitable
sleeping place.

(B)
Each hospital and freestanding birthing center shall implement an
infant safe sleep screening procedure. The purpose of the procedure
is to determine whether there will be a safe crib for an infant to
sleep in once the infant is discharged from the facility to the
infant's residence following birth. The procedure shall consist of
questions that facility staff or volunteers must ask the infant's
parent, guardian, or other person responsible for the infant
regarding the infant's intended sleeping place and environment.

The
director of children and youth shall develop questions that
facilities may use when implementing the infant safe sleep screening
procedure required by this division. The director may consult with
persons and government entities that have expertise in infant safe
sleep practices when developing the questions.

(C)
If, prior to an infant's discharge from a facility to the infant's
residence following birth, a facility other than a critical access
hospital or a facility identified under division (D) of this section
determines through the procedure implemented under division (B) of
this section that the infant is unlikely to have a safe crib at the
infant's residence, the facility shall make a good faith effort to
arrange for the parent, guardian, or other person responsible for the
infant to obtain a safe crib at no charge to that individual. In
meeting this requirement, the facility may do any of the following:

(1)
Obtain a safe crib with its own resources;

(2)
Collaborate with or obtain assistance from persons or government
entities that are able to procure a safe crib or provide money to
purchase a safe crib;

(3)
Refer the parent, guardian, or other person responsible for the
infant to a person or government entity described in division (C)(2)
of this section to obtain a safe crib free of charge from that
source;

(4)
If funds are available for the cribs for kids program or a successor
program administered by the department of children and youth, refer
the parent, guardian, or other person responsible for the infant to a
site, designated by the department for purposes of the program, at
which a safe crib may be obtained at no charge.

If
a safe crib is procured as described in division (C)(1), (2), or (3)
of this section, the facility shall ensure that the crib recipient
receives safe sleep education and crib assembly instructions from the
facility or another source. If a safe crib is procured as described
in division (C)(4) of this section, the department of children and
youth shall ensure that the cribs for kids program or a successor
program administered by the department provides safe sleep education
and crib assembly instructions to the recipient.

(D)
The director of children and youth shall identify the facilities in
this state that are not critical access hospitals and are not served
by a site described in division (C)(4) of this section. The director
shall identify not less than annually the facilities that meet both
criteria and notify those that do so.

(E)
When a facility that is a hospital registers with the department of
health under section 3701.07 of the Revised Code or a facility that
is a freestanding birthing center renews its license in accordance
with rules adopted under section 3702.30 of the Revised Code, the
facility shall report the following information to the department of
children and youth in a manner the department prescribes:

(1)
The number of safe cribs that the facility obtained and distributed
by using its own resources as described in division (C)(1) of this
section since the last time the facility reported this information to
the department;

(2)
The number of safe cribs that the facility obtained and distributed
by collaborating with or obtaining assistance from another person or
government entity as described in division (C)(2) of this section
since the last time the facility reported this information to the
department;

(3)
The number of referrals that the facility made to a person or
government entity as described in division (C)(3) of this section
since the last time the facility reported this information to the
department;

(4)
The number of referrals that the facility made to a site designated
by the department as described in division (C)(4) of this section
since the last time the facility reported this information to the
department;

(5)
Demographic information specified by the director of children and
youth regarding the individuals to whom safe cribs were distributed
as described in division (E)(1) or (2) of this section or for whom a
referral described in division (E)(3) or (4) of this section was
made;

(6)
In the case of a critical access hospital or a facility identified
under division (D) of this section, demographic information specified
by the director of children and youth regarding each parent,
guardian, or other person responsible for the infant determined to be
unlikely to have a safe crib at the infant's residence pursuant to
the procedure implemented under division (B) of this section;

(7)
Any other information collected by the facility regarding infant
sleep environments and intended infant sleep environments that the
director determines to be appropriate.

(F)
The director of children and youth shall prepare a written report
that summarizes the information collected under division (E) of this
section for the preceding twelve months, assesses whether at-risk
families are sufficiently being served by the crib distribution and
referral system established by this section, makes suggestions for
system improvements, and provides any other information the director
considers appropriate for inclusion in the report. On completion, the
report shall be submitted to the general assembly with, and in the
same manner as, the report that the department of medicaid submits to
the general assembly
and
joint medicaid oversight committee
pursuant
to section 5162.13 of the Revised Code. A copy of the report also
shall be submitted to the governor.

(G)
A facility, and any employee, contractor, or volunteer of a facility,
that implements an infant safe sleep procedure in accordance with
division (B) of this section is not liable for damages in a civil
action for injury, death, or loss to person or property that
allegedly arises from an act or omission associated with
implementation of the procedure, unless the act or omission
constitutes willful or wanton misconduct.

A
facility, and any employee, contractor, or volunteer of a facility,
that implements an infant safe sleep screening procedure in
accordance with division (B) of this section is not subject to
criminal prosecution or, to the extent that a person is regulated
under Title XLVII of the Revised Code, professional disciplinary
action under that title, for an act or omission associated with
implementation of the procedure.

This
division does not eliminate, limit, or reduce any other immunity or
defense that a facility, or an employee, contractor, or volunteer of
a facility, may be entitled to under Chapter 2744. of the Revised
Code, or any other provision of the Revised Code, or the common law
of this state.

(H)
A facility, and any employee, contractor, or volunteer of a facility,
is neither liable for damages in a civil action, nor subject to
criminal prosecution, for injury, death, or loss to person or
property that allegedly arises from a crib obtained by a parent,
guardian, or other person responsible for the infant as a result of
any action the facility, employee, contractor, or volunteer takes to
comply with division (C) of this section.

The
immunity provided by this division does not require compliance with
division (D) of section 2305.37 of the Revised Code.

Sec.
5180.20.
(A)
The director of children and youth shall identify each government
program providing benefits, other than the help me grow program
established by the department of children and youth pursuant to
section 5180.21 of the Revised Code, that has the goal of reducing
infant mortality and negative birth outcomes or the goal of reducing
disparities among women who are pregnant or capable of becoming
pregnant and who belong to a racial or ethnic minority. A program
shall be identified only if it provides education, training, and
support services related to those goals to program participants in
their homes. The director may consult with the Ohio partnership to
build stronger families for assistance with identifying the programs.

(B)
An administrator of a program identified under division (A) of this
section shall report to the director data on program performance
indicators that are used to assess progress toward achieving program
goals. The administrator shall report the data in the format and
within the time frames specified in rules adopted under division (C)
of this section. Using the data reported under this division, the
director shall prepare an annual report assessing the performance of
each government program identified pursuant to division (A) of this
section during the immediately preceding twelve-month period. In
addition, the report shall summarize and provide an analysis of the
information contained in the "information for medical and health
use only" section of the birth records for individuals born
during the prior twelve-month period.

The
director shall provide a copy of the report to the general assembly

and
the joint medicaid oversight committee. The copy to the general
assembly shall be provided
in
accordance with section 101.68 of the Revised Code.

(C)
The director shall adopt rules specifying program performance
indicators on which data must be reported by the administrators
described in division (B) of this section as well as the format and
time frames in which the data must be reported. To the extent
possible, the program performance indicators specified in the rules
shall be consistent with federal reporting requirements for federally
funded home visiting services. The rules shall be adopted in
accordance with Chapter 119. of the Revised Code.

Sec.
5180.21.
(A)
The department of children and youth shall establish the help me grow
program as the state's evidence-based parent support program that
encourages early prenatal and well-baby care, as well as provides
parenting education to promote the comprehensive health and
development of children. The program shall provide home visiting
services to families with a pregnant woman or child under five years
of age that meet the eligibility requirements established in rules
adopted under this section. Home visiting services shall be provided
through evidence-based home visiting models or innovative, promising
home visiting models recommended by the
Ohio
home visiting consortium
children
and youth advisory council
created
under section
5180.23

5180.04

of
the Revised Code.

(B)
Families shall be referred to the appropriate home visiting services
through the central intake and referral system created under section
5180.22 of the Revised Code.

(C)
To the extent possible, the goals of the help me grow program shall
be consistent with the goals of the federal home visiting program, as
specified by the maternal and child health bureau of the health
resources and services administration in the United States department
of health and human services or its successor.

(D)
The director of children and youth shall enter into an interagency
agreement with one or more state agencies, including the department
of developmental disabilities, department of job and family services,
department of medicaid, commission on minority health, Ohio
fatherhood commission, and children's trust fund board, to implement
the help me grow program, to ensure coordination of early childhood
programs, and to maximize reimbursement for the help me grow program
from any federal source.

In
addition to creating the central intake and referral system as
described in section 5180.22 of the Revised Code, the department of
children and youth shall ensure there is a consistent comprehensive
screening and connection program to support the coordination of home
visiting services across the state, including through the department
of health, department of developmental disabilities, department of
job and family services, department of medicaid, and commission on
minority health. Following the program's establishment, the
department of children and youth shall evaluate the program's
effectiveness in coordinating home visiting services at least once
annually.

(E)
The director may distribute help me grow program funds through
contracts, grants, or subsidies to entities providing services under
the program.

(F)
As a condition of receiving payments for home visiting services,
providers shall report to the director data on the program
performance indicators, specified in rules adopted under division (G)
of this section, that are used to assess progress toward achieving
all of the following:

(1)
The benchmark domains established for the federal home visiting
program, including improvement in maternal and newborn health;
reduction in child injuries, abuse, and neglect; improved school
readiness and achievement; reduction in crime and domestic violence;
and improved family economic self-sufficiency;

(2)
Improvement in birth outcomes and reduction in stillbirths, as that
term is defined in section 5180.12 of the Revised Code;

(3)
Reduction in tobacco use by pregnant women, new parents, and others
living in households with children.

The
providers shall report the data in the format and within the time
frames specified in the rules.

The
director shall prepare an annual report on the data received from the
providers. Each report shall include an evaluation addressing the
number of families and children served, the number and type of
services provided, health and developmental outcomes for
participating families and children, and variation in outcomes
between the types of home visiting programs specified in division
(B)(3) of section 5180.22 of the Revised Code. The director shall
submit the report to the general assembly in accordance with section
101.68 of the Revised Code and make the report available on the
internet web site maintained by the department of children and youth.

(G)
Pursuant to Chapter 119. of the Revised Code, the director shall
adopt rules that are necessary and proper to implement this section.
The rules shall specify all of the following:

(1)
Subject to division (H) of this section, eligibility requirements for
home visiting services;

(2)
Eligibility requirements for providers of home visiting services;

(3)
Standards and procedures for the provision of program services,
including data collection, program monitoring, and program
evaluation;

(4)
Procedures for appealing the denial of an application for program
services or the termination of services;

(5)
Procedures for appealing the denial of an application to become a
provider of program services or the termination of the department's
approval of a provider;

(6)
Procedures for addressing complaints;

(7)
The program performance indicators on which data must be reported by
providers of home visiting services under division (F) of this
section, which, to the extent possible, shall be consistent with
federal reporting requirements for federally funded home visiting
services;

(8)
The format in which reports must be submitted under division (F) of
this section and the time frames within which the reports must be
submitted;

(9)
Criteria for payment of approved providers of program services;

(10)
Any other rules necessary to implement the program.

(H)
When adopting rules required by division (G)(1) of this section, the
director shall specify that families residing in the urban and rural
communities specified in rules adopted under section 3701.142 of the
Revised Code and families in the child welfare system are to receive
priority over other families for home visiting services.

(I)
The department, in collaboration with the departments of job and
family services and medicaid, shall propose strategies to increase
the workforce capacity of home visiting service providers and
parenting support professionals, including efforts to incentivize and
retain such providers and professionals in this state.

Sec.
5180.22.
(A)
The department of children and youth shall create a central intake
and referral system for all home visiting programs operating in this
state. Through a competitive bidding process, the department of
children and youth may select one or more persons or government
entities to operate the system. In its oversight of the one or more
system operators, the department shall streamline the system to
ensure families and children receive services from home visiting
programs as described in division (B)(3) of this section.

(B)
If the department of children and youth chooses to select one or more
system operators as described in division (A) of this section, a
contract with any system operator shall require that the system do
all of the following:

(1)
Serve as a single point of entry for access, assessment, and referral
of families and children to appropriate home visiting services based
on each family's location of residence;

(2)
Use a standardized form or other mechanism to assess each family
member's risk factors and social determinants of health;

(3)
Ensure that families and children are referred to and receive
services from home visiting programs that are appropriate to their
level of needs, including the following:

(a)
Programs using home visiting contractors that provide services within
a pathways community HUB certified by the pathways community HUB
institute;

(b)
Programs that provide services using the early head start home-based
option.

(C)
The standardized form or other mechanism described in division (B)(2)
of this section shall be agreed to by the
home
visiting consortium
children
and youth advisory council
created
under section
5180.23

5180.04

of
the Revised Code.

(D)
A contract entered into under division (B) of this section shall
require a system operator to issue an annual report to the department
of children and youth that includes data regarding referrals made by
the central intake and referral system, costs associated with the
referrals, and the quality of services received by families and
children who were referred to services through the system. The report
shall be distributed to the
home
visiting consortium
children
and youth advisory council
created
under section
5180.23

5180.04

of
the Revised Code.

(E)
Nothing in this section is intended to do any of the following:

(1)
Prohibit the department of children and youth from using alternative
promotional materials or names for the central intake and referral
system;

(2)
Require the use of help me grow program promotional materials or
names;

(3)
Prohibit providers, central coordinators, the department of children
and youth, or stakeholders from using the help me grow name for
promotional materials for home visiting.

Sec.

5101.76

5180.26
.

(A)
A residential camp, as defined in section 2151.011 of the Revised
Code, a child day camp, as defined in section 5104.01 of the Revised
Code, or a child day camp operated by any county, township, municipal
corporation, township park district created under section 511.18 of
the Revised Code, park district created under section 1545.04 of the
Revised Code, or joint recreation district established under section
755.14 of the Revised Code may procure epinephrine autoinjectors for
use in emergency situations identified under division (C)(5) of this
section by doing one of the following:

(1)
Having a licensed health professional authorized to prescribe drugs,
acting in accordance with section 4723.483, 4730.433, or 4731.96 of
the Revised Code, personally furnish the epinephrine autoinjectors to
the camp or issue a prescription for them in the name of the camp;

(2)
Obtaining a prescriber-issued protocol that includes definitive
orders for epinephrine autoinjectors and the dosages of epinephrine
to be administered through them.

A
camp that elects to procure epinephrine autoinjectors under this
section is encouraged to maintain at least two epinephrine
autoinjectors at all times.

(B)
A camp that elects to procure epinephrine autoinjectors under this
section shall adopt a policy governing their maintenance and use.
Before adopting the policy, the camp shall consult with a licensed
health professional authorized to prescribe drugs.

(C)
The policy adopted under division (B) of this section shall do all of
the following:

(1)
Identify the one or more locations in which an epinephrine
autoinjector must be stored;

(2)
Specify the conditions under which an epinephrine autoinjector must
be stored, replaced, and disposed;

(3)
Specify the individuals employed by or under contract with the camp
who may access and use an epinephrine autoinjector to provide a
dosage of epinephrine to an individual in an emergency situation
identified under division (C)(5) of this section;

(4)
Specify any training that employees or contractors specified under
division (C)(3) of this section must complete before being authorized
to access and use an epinephrine autoinjector;

(5)
Identify the emergency situations, including when an individual
exhibits signs and symptoms of anaphylaxis, in which employees or
contractors specified under division (C)(3) of this section may
access and use an epinephrine autoinjector;

(6)
Specify that assistance from an emergency medical service provider
must be requested immediately after an epinephrine autoinjector is
used;

(7)
Specify the individuals to whom a dosage of epinephrine may be
administered through an epinephrine autoinjector in an emergency
situation specified under division (C)(5) of this section.

(D)(1)
The following are not liable in damages in a civil action for injury,
death, or loss to person or property that allegedly arises from an
act or omission associated with procuring, maintaining, accessing, or
using an epinephrine autoinjector under this section, unless the act
or omission constitutes willful or wanton misconduct:

(a)
A camp;

(b)
A camp employee or contractor;

(c)
A licensed health professional authorized to prescribe drugs who
personally furnishes or prescribes epinephrine autoinjectors,
provides a consultation, or issues a protocol pursuant to this
section.

(2)
This section does not eliminate, limit, or reduce any other immunity
or defense that a camp or camp employee or contractor or licensed
health professional may be entitled to under Chapter 2744. or any
other provision of the Revised Code or under the common law of this
state.

(E)
A camp may accept donations of epinephrine autoinjectors from a
wholesale distributor of dangerous drugs, as defined in section
4729.01 of the Revised Code, and may accept donations of money from
any person to purchase epinephrine autoinjectors.

(F)
A camp that elects to procure epinephrine autoinjectors under this
section shall report to the department of children and youth each
procurement and occurrence in which an epinephrine autoinjector is
used from a camp's supply of epinephrine autoinjectors.

(G)
As used in this section, "licensed health professional
authorized to prescribe drugs" and "prescriber" have
the same meanings as in section 4729.01 of the Revised Code.

Sec.

5101.77

5180.261
.

(A)
As used in this section, "inhaler" means a device that
delivers medication to alleviate asthmatic symptoms, is manufactured
in the form of a metered dose inhaler or dry powdered inhaler, and
may include a spacer, holding chamber, or other device that attaches
to the inhaler and is used to improve the delivery of the medication.

(B)
A residential camp, as defined in section 2151.011 of the Revised
Code, a child day camp, as defined in section 5104.01 of the Revised
Code, or a child day camp operated by any county, township, municipal
corporation, township park district created under section 511.18 of
the Revised Code, park district created under section 1545.04 of the
Revised Code, or joint recreation district established under section
755.14 of the Revised Code may procure inhalers for use in emergency
situations identified under division (D)(5) of this section. A camp
that elects to procure inhalers under this section is encouraged to
maintain at least two inhalers at all times.

(C)
A camp that elects to procure inhalers under this section shall adopt
a policy governing their maintenance and use. Before adopting the
policy, the camp shall consult with a licensed health professional
authorized to prescribe drugs, as defined in section 4729.01 of the
Revised Code.

(D)
A component of a policy adopted by a camp under division (C) of this
section shall be a prescriber-issued protocol specifying definitive
orders for inhalers, including the dosages of medication to be
administered through them, the number of times that each inhaler may
be used before disposal, and the methods of disposal. The policy also
shall do all of the following:

(1)
Identify the one or more locations in which an inhaler must be
stored;

(2)
Specify the conditions under which an inhaler must be stored,
replaced, and disposed;

(3)
Specify the individuals employed by or under contract with the camp
who may access and use an inhaler to provide a dosage of medication
to an individual in an emergency situation identified under division
(D)(5) of this section;

(4)
Specify any training that employees or contractors specified under
division (D)(3) of this section must complete before being authorized
to access and use an inhaler;

(5)
Identify the emergency situations, including when an individual
exhibits signs and symptoms of asthma, in which employees or
contractors specified under division (D)(3) of this section may
access and use an inhaler;

(6)
Specify that assistance from an emergency medical service provider
must be requested immediately after an employee or contractor, other
than a licensed health professional, uses an inhaler;

(7)
Specify the individuals to whom a dosage of medication may be
administered through an inhaler in an emergency situation specified
under division (D)(5) of this section.

(E)
A camp or camp employee or contractor is not liable in damages in a
civil action for injury, death, or loss to person or property that
allegedly arises from an act or omission associated with procuring,
maintaining, accessing, or using an inhaler under this section,
unless the act or omission constitutes willful or wanton misconduct.

This
section does not eliminate, limit, or reduce any other immunity or
defense that a camp or camp employee or contractor may be entitled to
under Chapter 2744. or any other provision of the Revised Code or
under the common law of this state.

(F)
A camp may accept donations of inhalers from a wholesale distributor
of dangerous drugs, as defined in section 4729.01 of the Revised
Code, and may accept donations of money from any person to purchase
inhalers.

(G)
A camp that elects to procure inhalers under this section shall
report to the department of children and youth each procurement and
occurrence in which an inhaler is used from a camp's supply of
inhalers.

Sec.

5101.78

5180.262
.

(A)
As used in this section, "licensed health professional
authorized to prescribe drugs" and "prescriber" have
the same meanings as in section 4729.01 of the Revised Code.

(B)
A residential camp, as defined in section 2151.011 of the Revised
Code; a child day camp, as defined in section 5104.01 of the Revised
Code; or a child day camp operated by any county, township, municipal
corporation, township park district created under section 511.18 of
the Revised Code, park district created under section 1545.04 of the
Revised Code, or joint recreation district established under section
755.14 of the Revised Code may procure injectable or nasally
administered glucagon for use in emergency situations identified
under division (D)(5) of this section by doing one of the following:

(1)
Having a licensed health professional authorized to prescribe drugs,
acting in accordance with section 4723.4811, 4730.437, or 4731.92 of
the Revised Code, personally furnish the injectable or nasally
administered glucagon to the camp or issue a prescription for the
drug in the name of the camp;

(2)
Obtaining a prescriber-issued protocol that includes definitive
orders for injectable or nasally administered glucagon and the
dosages to be administered;

A
camp that elects to procure injectable or nasally administered
glucagon under this section is encouraged to maintain at least two
doses of the drug at all times.

(C)
A camp that elects to procure injectable or nasally administered
glucagon under this section shall adopt a policy governing
maintenance and use of the drug. Before adopting the policy, the camp
shall consult with a licensed health professional authorized to
prescribe drugs.

(D)
The policy adopted under division (C) of this section shall do all of
the following:

(1)
Identify the one or more locations at the camp in which injectable or
nasally administered glucagon must be stored;

(2)
Specify the conditions under which injectable or nasally administered
glucagon must be stored, replaced, or disposed;

(3)
Specify the individuals employed by or under contract with the camp,
or who volunteer at the camp, who may access and use injectable or
nasally administered glucagon in an emergency situation identified
under division (D)(5) of this section;

(4)
Specify any training that employees, contractors, or volunteers
specified under division (D)(3) of this section must complete before
being authorized to access and use injectable or nasally administered
glucagon;

(5)
Identify the emergency situations, including when an individual
exhibits signs and symptoms of severe hypoglycemia, in which
employees, contractors, or volunteers specified under division (D)(3)
of this section may access and use injectable or nasally administered
glucagon;

(6)
Specify that assistance from an emergency medical service provider
must be requested immediately after a dose of glucagon is
administered;

(7)
Specify the individuals to whom a dose of glucagon may be
administered in an emergency situation specified under division
(D)(5) of this section.

(E)(1)
The following are not liable in damages in a civil action for injury,
death, or loss to person or property that allegedly arises from an
act or omission associated with procuring, maintaining, accessing, or
using injectable or nasally administered glucagon under this section,
unless the act or omission constitutes willful or wanton misconduct:

(a)
A camp;

(b)
A camp employee, contractor, or volunteer;

(c)
A licensed health professional authorized to prescribe drugs who
personally furnishes or prescribes injectable or nasally administered
glucagon, provides a consultation, or issues a protocol pursuant to
this section;

(2)
This section does not eliminate, limit, or reduce any other immunity
or defense that a camp; camp employee, contractor, or volunteer; or
licensed health professional may be entitled to under Chapter 2744.
or any other provision of the Revised Code or under the common law of
this state.

(F)
A camp may accept donations of injectable or nasally administered
glucagon from a wholesale distributor of dangerous drugs or
manufacturer of dangerous drugs, as defined in section 4729.01 of the
Revised Code, and may accept donations of money from any person to
purchase the drug.

(G)
A camp that elects to procure injectable or nasally administered
glucagon under this section shall report to the department of
children and youth each procurement and each occurrence in which a
dose of the drug is used from the camp's supply.

Sec.

3738.01

5180.27
.

(A)
As used in this section and sections
3738.02

5180.271

to

3738.09

5180.278

of
the Revised Code, "pregnancy-associated death" means the
death of a woman while pregnant or anytime within one year of
pregnancy regardless of cause.

(B)
There is hereby established in the department of
health

children
and youth
a
pregnancy-associated mortality review (PAMR) board to identify and
review all pregnancy-associated deaths statewide for the purpose of
reducing the incidence of those deaths.

Sec.

3738.02

5180.271
.

The
PAMR board may not conduct a review of a pregnancy-associated death
while an investigation of the death or prosecution of a person for
causing the death is pending unless the prosecuting attorney agrees
to allow the review. The law enforcement agency conducting the
criminal investigation, on the conclusion of the investigation, and
the prosecuting attorney prosecuting the case, on the conclusion of
the prosecution, shall notify the chairperson of the PAMR board of
the conclusion.

Sec.

3738.03

5180.272
.

All
of the following apply with respect to the PAMR board:

(A)
The director of
health

children
and youth
shall
appoint the board's members. In doing so, the director shall make a
good faith effort to select members who represent all regions of the
state and multiple areas of expertise and constituencies concerned
with the care of pregnant and postpartum women.

(B)
The board, by a majority vote of a quorum of its members, shall
select an individual to serve as its chairperson. The board may
replace a chairperson in the same manner.

(C)
An appointed member shall hold office until a successor is appointed.
The director of
health

children
and youth
shall
fill a vacancy as soon as practicable.

(D)
A member shall not receive any compensation for, and shall not be
paid for any expenses incurred pursuant to, fulfilling the member's
duties on the board.

(E)
The board shall meet at the call of the board's chairperson as often
as the chairperson determines necessary for timely completion of
pregnancy-associated death reviews. The reviews shall be conducted in
accordance with rules adopted under section
3738.09

5180.278

of
the Revised Code.

(F)
The department of
health

children
and youth
shall
provide meeting space, staff services, and other technical assistance
required by the board in carrying out its duties.

Sec.

3738.04

5180.273
.

The
PAMR board shall seek to reduce the incidence of pregnancy-associated
deaths in this state by doing all of the following:

(A)
Promoting cooperation, collaboration, and communication between all
groups, professions, agencies, and entities that serve pregnant and
postpartum women and families;

(B)
Recommending and developing plans for implementing service and
program changes, as well as changes to the groups, professions,
agencies, and entities that serve pregnant and postpartum women and
families;

(C)
Providing the department of
health

children
and youth
with
aggregate data, trends, and patterns regarding pregnancy-associated
deaths using data and other relevant information specified in rules
adopted under section
3738.09

5180.278

of
the Revised Code;

(D)
Developing effective interventions to reduce the mortality of
pregnant and postpartum women.

Sec.

3738.05

5180.274
.

(A)
Notwithstanding section 3701.243 and any other section of the Revised
Code pertaining to confidentiality, and except as provided in
division (B) of this section, an individual, government entity,
agency that provides services specifically to individuals or
families, law enforcement agency, health care provider, or other
public or private entity that provided services to a woman whose
death is being reviewed by the PAMR board shall submit to the board a
copy of any record it possesses that the board requests. In addition,
such an individual or entity may make available to the board
additional information, documents, or reports that could be useful to
the board's investigation.

(B)
No person, government entity, law enforcement agency, or prosecuting
attorney shall provide any information regarding a
pregnancy-associated death while an investigation of the death or
prosecution of a person for causing the death is pending unless the
prosecuting attorney agrees to allow the review.

(C)
A family member of the deceased may decline to participate in an
interview as part of the review process. In that case, the review
shall continue without the family member's participation.

Sec.

3738.06

5180.275
.

(A)
Any record, document, report, or other information presented to the
PAMR board, as well as all statements made by board members during
board meetings, all work products of the board, and data submitted to
the department of
health

children
and youth
by
the board, other than the biennial reports described in section

3738.08

5180.277

of
the Revised Code, are confidential and not a public record under
section 149.43 of the Revised Code. Such materials shall be used by
the board and department only in the exercise of the proper functions
of the board and department.

(B)
No person shall permit or encourage the unauthorized dissemination of
confidential information described in division (A) of this section.

(C)
Whoever violates division (B) of this section is guilty of a
misdemeanor of the second degree.

Sec.

3738.07

5180.276
.

(A)
An individual or public or private entity providing records,
documents, reports, or other information to the PAMR board is immune
from any civil liability for injury, death, or loss to person or
property that otherwise might be incurred or imposed as a result of
providing the records, documents, reports, or information to the
board.

(B)
Each board member is immune from any civil liability for injury,
death, or loss to person or property that might otherwise be incurred
or imposed as a result of the member's participation on the board.

Sec.

3738.08

5180.277
.

(A)
The PAMR board shall prepare a biennial report that does all of the
following:

(1)
Summarizes the board's findings from the reviews completed in the
immediately preceding two calendar years, including any trends or
patterns identified by the board;

(2)
Makes recommendations on how pregnancy-associated deaths may be
prevented, including changes that should be made to policies and
laws;

(3)
Includes any other information related to pregnancy-associated
mortality the board considers useful.

(B)
A report shall not contain individually identifiable information
regarding any woman whose death was reviewed by the board.

(C)
The board shall submit a copy of each report to the director of

health
children
and youth
,
the general assembly, and the governor. The copy to the general
assembly shall be submitted in accordance with section 101.68 of the
Revised Code. The initial report shall be submitted not later than
March 1, 2020, with subsequent reports submitted not later than March
1 every two years thereafter.

The
director shall make a copy of each report available on the department
of
health's

children
and youth's
web
site.

(D)
Reports prepared under this section are public records under section
149.43 of the Revised Code.

Sec.

3738.09

5180.278
.

The
director of
health

children
and youth
shall
adopt rules that are necessary for the implementation of sections

3738.01

5180.27

to

3738.08

5180.277

of
the Revised Code, including rules that do all of the following:

(A)
Establish a procedure for the PAMR board to follow in conducting
pregnancy-associated death reviews;

(B)
Specify the data and other relevant information the board must use
when conducting pregnancy-associated death reviews;

(C)
Establish guidelines for the board to follow to prevent an
unauthorized dissemination of confidential information in violation
of division (B) of section
3738.06

5180.275

of
the Revised Code.

The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

Sec.

5101.13

5180.40
.

(A)
The department of children and youth shall establish and maintain a
uniform statewide automated child welfare information system in
accordance with the requirements of 42
U.S.C.A.
U.S.C.

674(a)(3)(C) and related federal regulations and guidelines. The
information system shall contain records regarding any of the
following:

(1)
Investigations of children and families, and children's care in
out-of-home care, in accordance with sections 2151.421 and 5153.16 of
the Revised Code;

(2)
Care and treatment provided to children and families;

(3)
Any other information related to children and families that state or
federal law, regulation, or rule requires the department or a public
children services agency to maintain.

(B)

The
department shall plan implementation of the information system on a
county-by-county basis and shall finalize statewide implementation by
all public children services agencies as described in section 5153.02
of the Revised Code not later than January 1, 2008.

(C)
The department shall promptly notify all public children services
agencies of the initiation and completion of statewide implementation
of the statewide information system established under division (A) of
this section.

(D)

"Out-of-home
care" has the same meaning as in section 2151.011 of the Revised
Code.

Sec.

5101.131

5180.401
.

Except
as provided in section
5101.132

5180.402

of
the Revised Code, information contained in or obtained from the
information system established and maintained under section
5101.13

5180.40

of
the Revised Code is confidential and is not subject to disclosure
pursuant to section 149.43 or 1347.08 of the Revised Code.

Sec.

5101.132

5180.402
.

(A)
Information contained in the information system established and
maintained under section
5101.13

5180.40

of
the Revised Code may be accessed or entered only as follows:

(1)
The department of job and family services, the department of children
and youth, a public children services agency, a title IV-E agency, a
prosecuting attorney, a private child placing agency, and a private
noncustodial agency may access or enter the information when either
of the following is the case:

(a)
The access or entry is directly connected with assessment,
investigation, or services regarding a child or family;

(b)
The access or entry is permitted by state or federal law, rule, or
regulation.

(2)
A person may access or enter the information in a manner, to the
extent, and for the purposes authorized by rules adopted by the
department.

(B)
As used in this section, "title IV-E agency" means a public
children services agency or a public entity with which the department
of job and family services or department of children and youth has a
title IV-E subgrant agreement in effect.

Sec.

5101.133

5180.403
.

No
person shall access or use information contained in the information
system established and maintained under section
5101.13

5180.40

of
the Revised Code other than in accordance with section
5101.132

5180.402

of
the Revised Code or rules authorized by that section.

No
person shall disclose information obtained from the information
system established and maintained under section
5101.13

5180.40

of
the Revised Code in a manner not specified by rules authorized by
section
5101.134

5180.404

of
the Revised Code.

Sec.

5101.134

5180.404
.

(A)
Notwithstanding any provision of the Revised Code that requires
confidentiality of information that is contained in the uniform
statewide automated child welfare information system established in
section
5101.13

5180.40

of
the Revised Code, the department of children and youth shall adopt
rules in accordance with Chapter 119. of the Revised Code regarding a
private child placing agency's or private noncustodial agency's
access, data entry, and use of information in the uniform statewide
automated child welfare information system.

(B)(1)
The department of children and youth may adopt rules in accordance
with section 111.15 of the Revised Code, as if they were internal
management rules, as necessary to carry out the purposes of sections

5101.13

5180.40

to

5101.133

5180.403

of
the Revised Code.

(2)
The department may adopt rules in accordance with Chapter 119. of the
Revised Code as necessary to carry out the purposes of division
(A)(2) of section
5101.132

5180.402

of
the Revised Code.

(C)
Public children services agencies shall implement and use the
information system established pursuant to section
5101.13

5180.40

of
the Revised Code in accordance with rules adopted by the department.

Sec.

5101.135

5180.405
.

(A)
A public children services employee who is entering a report of an
investigation of child abuse in the statewide automated child welfare
information system, as required by section
5101.13

5180.40

of
the Revised Code, shall make a notation on each case of child abuse
that indicates whether the child abuse arose from an act that caused
the child to suffer from, or resulted in the child suffering from,
shaken baby syndrome.

(B)
On the first day of March of each year, the department of children
and youth shall report to the director of health the number of
reports of child abuse that arose from an act that caused the child
to suffer from, or resulted in the child suffering from, shaken baby
syndrome and that arose during the calendar year immediately
preceding the calendar year in which the report is made, as
determined by an examination of the statewide automated child welfare
information system established and maintained under section
5101.13

5180.40

of
the Revised Code.

(C)
As used in this section, "shaken baby syndrome" has the
same meaning as in section 5180.14 of the Revised Code.

Sec.

5101.136

5180.406
.

If
a person requests the department of
job
and family services
children
and youth
to
conduct a search of whether that person's name has been placed or
remains in the statewide automated child welfare information system
as an alleged perpetrator of child abuse or neglect and a search
reveals that a "substantiated" disposition exists, the
department shall send a letter to the person who requested the search
indicating a "match."

Sec.

5101.137

5180.407
.

The
department of
job
and family services
children
and youth
shall
work with stakeholders to establish an expungement policy regarding
dispositions of child abuse or neglect in Ohio's central registry on
child abuse and neglect by March 1, 2024.

Sec.

5101.14

5180.41
.

(A)
As used in this section and section
5101.144

5180.411

of
the Revised Code, "children services" means services
provided to children pursuant to Chapter 5153. of the Revised Code.

(B)
Within available funds, the department of children and youth shall
distribute funds to the counties within thirty days after the
beginning of each calendar quarter for a part of the counties' costs
for children services.

Funds
provided to the county under this section shall be deposited into the
children services fund created pursuant to section
5101.144

5180.411

of
the Revised Code.

(C)
In each fiscal year, the amount of funds available for distribution
under this section shall be allocated to counties as follows:

(1)
If the amount is less than the amount initially appropriated for the
immediately preceding fiscal year, each county shall receive an
amount equal to the percentage of the funding it received in the
immediately preceding fiscal year, exclusive of any releases from or
additions to the allocation or any sanctions imposed under this
section;

(2)
If the amount is equal to the amount initially appropriated for the
immediately preceding fiscal year, each county shall receive an
amount equal to the amount it received in the preceding fiscal year,
exclusive of any releases from or additions to the allocation or any
sanctions imposed under this section;

(3)
If the amount is greater than the amount initially appropriated for
the immediately preceding fiscal year, each county shall receive the
amount determined under division (C)(2) of this section as a base
allocation, plus a percentage of the amount that exceeds the amount
initially appropriated for the immediately preceding fiscal year. The
amount exceeding the amount initially appropriated in the immediately
preceding fiscal year shall be allocated to the counties as follows:

(a)
Twelve per cent divided equally among all counties;

(b)
Forty-eight per cent in the ratio that the number of residents of the
county under the age of eighteen bears to the total number of such
persons residing in this state;

(c)
Forty per cent in the ratio that the number of residents of the
county with incomes under the federal poverty guideline bears to the
total number of such persons in this state.

As
used in division (C)(3)(c) of this section, "federal poverty
guideline" means the poverty guideline as defined by the United
States office of management and budget and revised by the United
States secretary of health and human services in accordance with
section 673 of the "Community Services Block Grant Act," 95
Stat. 511 (1981), 42 U.S.C.A. 9902, as amended.

(D)
Within ninety days after the end of each state fiscal biennium, each
county shall return any unspent funds to the department.

(E)
The director of children and youth may adopt the following rules in
accordance with section 111.15 of the Revised Code:

(1)
Rules that are necessary for the allocation of funds under this
section;

(2)
Rules prescribing reports on expenditures to be submitted by the
counties as necessary for the implementation of this section.

Sec.

5101.144

5180.411
.

Each
county shall deposit all funds its public children services agency
receives from appropriations made by the board of county
commissioners or any other source for the purpose of providing
children services into a special fund in the county treasury known as
the children services fund. A county shall use money in the fund only
for the purposes of meeting the expenses of providing children
services.

Sec.

5101.141

5180.42
.

(A)
As used in sections
5101.141

5180.42

to

5101.1417

5180.4214

of
the Revised Code:

(1)
"Adopted young adult" means a person:

(a)
Who was in the temporary or permanent custody of a public children
services agency;

(b)
Who was adopted at the age of sixteen or seventeen and attained the
age of sixteen before a Title IV-E adoption assistance agreement
became effective;

(c)
Who has attained the age of eighteen; and

(d)
Who has not yet attained the age of twenty-one.

(2)
"Child" means any of the following:

(a)
A person who meets the requirements of division (B)(3) of section
5153.01 of the Revised Code;

(b)
An adopted young adult;

(c)
An emancipated young adult.

(3)
"Emancipated young adult" means a person:

(a)
Who was in the temporary or permanent custody of a public children
services agency, a planned permanent living arrangement, or in the
Title-IV-E-eligible care and placement responsibility of a juvenile
court or other governmental agency that provides Title IV-E
reimbursable placement services;

(b)
Whose custody, arrangement, or care and placement was terminated on
or after the person's eighteenth birthday; and

(c)
Who has not yet attained the age of twenty-one.

(4)
"Kinship guardianship young adult" means an individual that
meets the following criteria:

(a)
Was in the temporary or permanent custody of a public children
services agency or a planned permanent living arrangement prior to
the commitment described in division (A)(4)(b) of this section;

(b)
Was committed to the legal custody or legal guardianship of a kinship
caregiver at the age of sixteen or seventeen and attained the age of
sixteen before a Title IV-E kinship guardianship assistance agreement
became effective;

(c)
Has attained the age of eighteen;

(d)
Has not yet attained the age of twenty-one.

(5)
"Relative" means, with respect to a child, any of the
following who is eighteen years of age or older:

(a)
The following individuals related by blood or adoption to the child:

(i)
Grandparents, including grandparents with the prefix "great,"
"great-great," or "great-great-great";

(ii)
Siblings;

(iii)
Aunts, uncles, nephews, and nieces, including such relatives with the
prefix "great," "great-great," "grand,"
or "great-grand";

(iv)
First cousins and first cousins once removed.

(b)
Stepparents and stepsiblings of the child;

(c)
Spouses and former spouses of individuals named in divisions
(A)(5)(a) and (b) of this section;

(d)
A legal guardian of the child;

(e)
A legal custodian of the child;

(f)
Any nonrelative adult that has a familiar and long-standing
relationship or bond with the child or the family, which relationship
or bond will ensure the child's social ties.

(6)
"Representative" means a person with whom the department of
children and youth has entered into a contract, pursuant to division
(B)(2)(b) of this section.

(7)
"Title IV-E" means Title IV-E of the "Social Security
Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.

(B)(1)
Except as provided in divisions (B)(2)
,

and

(3)
,
and (4)

of this section, the department of children and youth shall act as
the single state agency to administer federal payments for foster
care, kinship guardianship assistance, and adoption assistance made
pursuant to Title IV-E. The director of children and youth shall
adopt rules to implement this authority. Rules governing financial
and administrative requirements applicable to public children
services agencies and government entities that provide Title IV-E
reimbursable placement services to children shall be adopted in
accordance with section 111.15 of the Revised Code, as if they were
internal management rules. Rules governing requirements applicable to
private child placing agencies and private noncustodial agencies and
rules establishing eligibility, program participation, and other
requirements concerning Title IV-E shall be adopted in accordance
with Chapter 119. of the Revised Code. A public children services
agency to which the department distributes Title IV-E funds shall
administer the funds in accordance with those rules.

(2)
If the
(2)(a)
The department shall implement the
state
plan
is

as

amended
under
divisions
(A) and (B) of
section

5101.1411

5180.428

of
the Revised Code
,
both of the following shall apply:

(a)
Implementation of the amendments to the plan shall begin fifteen
months after September 13, 2016, the effective date of H.B. 50 of the
131st general assembly, if both of the following apply:

(i)
The plan as amended is approved by the secretary of health and human
services;

(ii)
The
if
the
general
assembly has appropriated sufficient funds to operate the program
required under the plan as amended.

(b)
The department shall have, exercise, and perform all new duties
required under the plan as amended. In doing so, the department may
contract with another person to carry out those new duties, to the
extent permitted under Title IV-E.

(3)

If
the state plan is amended under division (C) of section 5101.1411 of
the Revised Code, both of the following apply:

(a)
Implementation of the amendments to the plan shall begin fifteen
months after September 30, 2021, if both of the following apply:

(i)
The plan as amended is approved by the secretary of health and human
services.

(ii)
The general assembly has appropriated sufficient funds to operate the
program required under the plan as amended.

(b)
The department shall perform all new duties required under the
amended plan. In doing so, the department may contract with another
person to carry out those new duties, to the extent permitted under
Title IV-E.

(4)
If
The
department shall implement
the
state plan
is

as

amended
under section
5101.1416

5180.4213

of
the Revised Code
,
and is approved by the secretary of health and human services,
implementation of the amendments to the plan shall begin fifteen
months after September 30, 2021
.

(C)(1)
Except with regard to the new duties imposed on the department or its
contractor under
divisions

division

(B)(2)(b)

and
(B)(3)(b)
of
this section that are not imposed on the county, the county, on
behalf of each child eligible for foster care maintenance payments
under Title IV-E, shall make payments to cover the cost of providing
all of the following:

(a)
The child's food, clothing, shelter, daily supervision, and school
supplies;

(b)
The child's personal incidentals;

(c)
Reasonable travel to the child's home for visitation.

(2)
In addition to payments made under division (C)(1) of this section,
the county may, on behalf of each child eligible for foster care
maintenance payments under Title IV-E, make payments to cover the
cost of providing the following:

(a)
Liability insurance with respect to the child;

(b)
If the county is participating in the demonstration project
established under division (A) of section
5101.142

5180.421

of
the Revised Code, services provided under the project.

(3)
With respect to a child who is in a child-care institution, including
any type of group home designed for the care of children or any
privately operated program consisting of two or more certified foster
homes operated by a common administrative unit, the foster care
maintenance payments made by the county on behalf of the child shall
include the reasonable cost of the administration and operation of
the institution, group home, or program, as necessary to provide the
items described in divisions (C)(1) and (2) of this section.

(D)
To the extent that either foster care maintenance payments under
division (C) of this section, Title IV-E kinship guardianship
assistance, or Title IV-E adoption assistance payments for
maintenance costs require the expenditure of county funds, the board
of county commissioners shall report the nature and amount of each
expenditure of county funds to the department.

(E)
The department shall distribute to public children services agencies
that incur and report expenditures of the type described in division
(D) of this section federal financial participation received for
administrative and training costs incurred in the operation of foster
care maintenance, kinship guardianship assistance, and adoption
assistance programs. The department may withhold not more than three
per cent of the federal financial participation received. The funds
withheld may be used only to fund the following:

(1)
The Ohio child welfare training program established under section
5103.30 of the Revised Code;

(2)
The university partnership program for college and university
students majoring in social work who have committed to work for a
public children services agency upon graduation;

(3)
Efforts supporting organizational excellence, including voluntary
activities to be accredited by a nationally recognized accreditation
organization.

The
funds withheld shall be in addition to any administration and
training cost for which the department is reimbursed through its own
cost allocation plan.

(F)
All federal financial participation funds received by a county
pursuant to this section shall be deposited into the county's
children services fund created pursuant to section
5101.144

5180.411

of
the Revised Code.

(G)
(G)(1)

The department shall periodically publish and distribute the maximum
amounts that the department will reimburse public children services
agencies for making payments on behalf of children eligible for
foster care maintenance payments.

(2)
The department may issue a request for proposals to establish
statewide rate cards for placement and care of children eligible for
foster care maintenance payments. If a request for proposals is
issued, the department shall review and accept the reasonable cost of
providing the items described in division (C) of this section. Foster
homes, as defined in section 5103.02 of the Revised Code, and kinship
caregivers, as defined in section 5101.85 of the Revised Code, shall
be exempt from the established statewide rates.

(H)
The department, by and through its director, is hereby authorized to
develop, participate in the development of, negotiate, and enter into
one or more interstate compacts on behalf of this state with agencies
of any other states, for the provision of social services to children
in relation to whom all of the following apply:

(1)
They have special needs.

(2)
This state or another state that is a party to the interstate compact
is providing kinship guardianship assistance or adoption assistance
on their behalf.

(3)
They move into this state from another state or move out of this
state to another state.

Sec.

5101.142

5180.421
.

(A)
The department of children and youth may apply to the United States
secretary of health and human services for a waiver of requirements
established under Title IV-E, or regulations adopted thereunder, to
conduct a demonstration project expanding eligibility for and
services provided under Title IV-E. The department may enter into
agreements with the secretary necessary to implement the
demonstration project, including agreements establishing the terms
and conditions of the waiver authorizing the project. If a
demonstration project is to be established, the department shall do
all of the following:

(1)
Have the director of children and youth adopt rules in accordance
with Chapter 119. of the Revised Code governing the project. The
rules shall be consistent with the agreements the department enters
into with the secretary.

(2)
Enter into agreements with public children services agencies that the
department selects for participation in the project. The department
shall not select an agency that objects to participation or refuses
to be bound by the terms and conditions of the project.

(3)
Contract with persons or governmental agencies providing services
under the project;

(4)
Amend the state plan required by section 471 of the "Social
Security Act," 42
U.S.C.A.
U.S.C.

671, as amended, as needed to implement the project;

(5)
Conduct ongoing evaluations of the project;

(6)
Perform other administrative and operational activities required by
the agreement with the secretary.

(B)
The department may apply to the United States secretary of health and
human services for a waiver of the requirements established under
Title IV-B of the "Social Security Act of 1967,"
81
Stat. 821,
42

U.S.C.A.
U.S.C.

620 or regulations adopted thereunder and established under any other
federal law or regulations that affect the children services
functions prescribed by Chapter 5153. of the Revised Code, to conduct
demonstration projects or otherwise improve the effectiveness and
efficiency of the children services function.

Sec.

5101.145

5180.422
.

(A)
In adopting rules under section
5101.141

5180.42

of
the Revised Code regarding financial requirements applicable to
public children services agencies, private child placing agencies,
private noncustodial agencies, and government entities that provide
Title IV-E reimbursable placement services to children, the
department of children and youth
shall

may

establish
both of the following:

(1)
A single form for the agencies or entities to report costs
reimbursable under Title IV-E and costs reimbursable under medicaid;

(2)
Procedures to monitor cost reports submitted by the agencies or
entities.

(B)
The procedures established under division (A)(2) of this section
shall
be
implemented not later than October 1, 2003. The procedures shall
be
used to do both of the following:

(1)
Determine which of the costs are reimbursable under Title IV-E;

(2)
Ensure that costs reimbursable under medicaid are excluded from
determinations made under division (B)(1) of this section.

Sec.

5101.146

5180.423
.

The
department of children and youth shall establish the following
penalties, which shall be enforced at the discretion of the
department, for the failure of a public children services agency,
private child placing agency, private noncustodial agency, or
government entity that provides Title IV-E reimbursable placement
services to children to comply with procedures the department
establishes to ensure fiscal accountability:

(A)
For initial failure, the department and the agency or entity involved
shall jointly develop and implement a corrective action plan
according to a specific schedule. If requested by the agency or
entity involved, the department shall provide technical assistance to
the agency or entity to ensure the fiscal accountability procedures
and goals of the plan are met.

(B)
For subsequent failures or failure to achieve the goals of the plan
described in division (A) of this section, one of the following:

(1)
For public children services agencies, the department may take any
action permitted under division (C)(2), (4), (5), or (6) of section
5101.24 of the Revised Code.

(2)
For private child placing agencies or private noncustodial agencies,
cancellation of any Title IV-E allowability rates for the agency
involved pursuant to section
5101.141

5180.42

of
the Revised Code or revocation pursuant to Chapter 119. of the
Revised Code of that agency's certificate issued under section
5103.03 of the Revised Code;

(3)
For government entities, other than public children services
agencies, that provide Title IV-E reimbursable placement services to
children, cancellation of any Title IV-E allowability rates for the
entity involved pursuant to section
5101.141

5180.42

of
the Revised Code.

Sec.

5101.147

5180.424
.

If
a public children services agency fails to comply with the fiscal
accountability procedures established by the department of children
and youth, the department shall notify the board of county
commissioners of the county served by the agency. If a private child
placing agency or private noncustodial agency fails to comply with
the fiscal accountability procedures, the department shall notify the
executive director of each public children services agency that has
entered into a contract for services with the private child placing
agency or private noncustodial agency.

Sec.

5101.148

5180.425
.

If
the department of children and youth sanctions a public children
services agency, private child placing agency, or private
noncustodial agency, it shall take every possible precaution to
ensure that any foster children that have been placed by the agency
under sanction are not unnecessarily removed from the certified
foster homes in which they reside.

Sec.

5101.149

5180.426
.

Money
from the children services fund shall not be used to provide a
personal loan to any individual.

Sec.

5101.1410

5180.427
.

In
addition to the remedies available under sections
5101.146
and
5101.24

and
5180.423

of the Revised Code, the department of children and youth may certify
a claim to the attorney general under section 131.02 of the Revised
Code for the attorney general to take action under that section
against a public children services agency, private child placing
agency, private noncustodial agency, or government entity that
provides Title IV-E reimbursable placement services to children if
all of the following are the case:

(A)
The agency or entity files a cost report with the department pursuant
to rules adopted under division (B) of section
5101.141

5180.42

of
the Revised Code.

(B)
The department receives and distributes federal Title IV-E
reimbursement funds based on the cost report.

(C)
The agency's or entity's misstatement, misclassification,
overstatement, understatement, or other inclusion or omission of any
cost included in the cost report causes the United States department
of health and human services to disallow all or part of the federal
Title IV-E reimbursement funds the department received and
distributed.

(D)
The agency's or entity's misstatement, misclassification,
overstatement, understatement, or other inclusion or omission of any
cost included in the cost report is not the direct result of a
written directive concerning the agency or entity's cost report that
the department issued to the agency or entity.

Sec.

5101.1411

5180.428
.

(A)(1)
The director of
job
and family services
children
and youth
shall
,
not later than nine months after September 13, 2016, the effective
date of H.B. 50 of the 131st general assembly, submit an amendment to
the state plan required by 42 U.S.C. 671 to the United States
secretary of health and human services to

implement 42 U.S.C. 675(8) to make federal payments for foster care
under Title IV-E directly to, or on behalf of, any emancipated young
adult who meets the following requirements:

(a)
The emancipated young adult signs a voluntary participation
agreement.

(b)
The emancipated young adult satisfies division (D) of this section.

(2)
Any emancipated young adult who meets the requirements of division
(A)(1) of this section may apply for foster care payments and make
the appropriate application at any time.

(B)(1)
The director of
job
and family services
children
and youth
shall
,
not later than nine months after September 13, 2016, the effective
date of H.B. 50 of the 131st general assembly, submit an amendment to
the state plan required by 42 U.S.C. 671 to the United States
secretary of health and human services to

implement 42 U.S.C. 675(8) to make federal payments for adoption
assistance under Title IV-E available to any parent who meets all of
the following requirements:

(a)
The parent adopted a person who is an adopted young adult and the
parent entered into an adoption assistance agreement under 42 U.S.C.
673 while the adopted person was age sixteen or seventeen.

(b)
The parent maintains parental responsibility for the adopted young
adult.

(c)
The adopted young adult satisfies division (D) of this section.

(2)
Any parent who meets the requirements of division (B)(1) of this
section that are applicable to a parent may request an extension of
adoption assistance payments at any time before the adopted young
adult reaches age twenty-one.

(3)
An adopted young adult who is eligible to receive adoption assistance
payments is not considered an emancipated young adult and is
therefore not eligible to receive payment under division (A) of this
section.

(C)(1)
The director of
job
and family services
children
and youth
shall
,
not later than nine months after September 30, 2021, submit an
amendment to the state plan required by 42 U.S.C. 671 to the United
States secretary of health and human services to

implement 42 U.S.C. 673(d) to provide kinship guardianship assistance
under Title IV-E available to any relative who meets all of the
following requirements:

(a)
Both of the following apply:

(i)
A juvenile court issued an order granting legal custody of a person
who is a kinship guardianship young adult to the relative, or a
probate court issued an order granting guardianship of a person who
is a kinship guardianship young adult to the relative, and the order
is not a temporary court order.

(ii)
The relative entered into a kinship guardianship assistance agreement
under 42 U.S.C. 673(d) while the kinship guardianship young adult was
age sixteen or seventeen.

(b)
The relative maintains parental responsibility for the kinship
guardianship young adult.

(c)
The kinship guardianship young adult satisfies division (D) of this
section.

(2)
Any person who meets the requirements of division (C)(1) of this
section may request an extension of kinship guardianship assistance
at any time before the kinship guardianship young adult reaches age
twenty-one.

(3)
A kinship guardianship young adult who is eligible to receive kinship
guardianship assistance is not considered an emancipated young adult
and is therefore not eligible to receive assistance under division
(A) of this section.

(D)
In addition to other requirements, an adopted, kinship guardianship,
or emancipated young adult must meet at least one of the following
criteria:

(1)
Is completing secondary education or a program leading to an
equivalent credential;

(2)
Is enrolled in an institution that provides post-secondary or
vocational education;

(3)
Is participating in a program or activity designed to promote, or
remove barriers to, employment;

(4)
Is employed for at least eighty hours per month;

(5)
Is incapable of doing any of the activities described in divisions
(D)(1) to (4) of this section due to a physical or mental condition,
which incapacity is supported by regularly updated information in the
person's case record or plan.

(E)
Any emancipated young adult described in division (A)(1) of this
section who is directly receiving foster care payments, or on whose
behalf such foster care payments are received, or any relative
described in division (C)(1) of this section who is receiving kinship
guardianship assistance, or any parent receiving adoption assistance
payments, may refuse the payments at any time.

(F)(1)
An emancipated young adult described in division (A)(1) of this
section who is directly receiving foster care payments, or on whose
behalf such foster care payments are received, or any relative
described in division (C)(1) of this section who is receiving kinship
guardianship assistance and the kinship guardianship young adult, or
a parent receiving adoption assistance payments and the adopted young
adult shall be eligible for services set forth in the federal,
"Fostering Connections to Success and Increasing Adoptions Act
of 2008," P.L. 110-351
,
122 Stat. 3949
.

(2)
An emancipated young adult described in division (A)(1) of this
section who is directly receiving foster care payments, or on whose
behalf such foster care payments are received, pursuant to this
section, may be eligible to reside in a supervised independent living
setting, including apartment living, room and board arrangements,
college or university dormitories, host homes, and shared roommate
settings.

(G)
Any determination by the department of
job
and family services or the department of
children
and youth that denies or terminates foster care assistance, kinship
guardianship assistance,
kinship
support program payments,
or
adoption assistance payments shall be subject to a state hearing
pursuant to section 5101.35 of the Revised Code.

Sec.

5101.1412

5180.429
.

(A)
Without the approval of a court, an emancipated young adult who
receives payments, or on whose behalf payments are received, under
division (A) of section
5101.1411

5180.428

of
the Revised Code, may enter into a voluntary participation agreement
with the department of children and youth, or its representative, for
the emancipated young adult's care and placement. The agreement shall
stay in effect until one of the following occurs:

(1)
The emancipated young adult enrolled in the program notifies the
department, or its representative, that they want to terminate the
agreement.

(2)
The emancipated young adult becomes ineligible for the program.

(B)
In order to maintain Title IV-E eligibility for the emancipated young
adult, both of the following apply:

(1)
Not later than one hundred eighty days after the effective date of
the voluntary participation agreement, the department or its
representative must petition the court for, and obtain, a judicial
determination that the emancipated young adult's best interest is
served by continuing the care and placement with the department or
its representative.

(2)
Not later than twelve months after the effective date of the
voluntary participation agreement, and at least once every twelve
months thereafter, the department or its representative must petition
the court for, and obtain, a judicial determination that the
department or its representative has made reasonable efforts to
finalize a permanency plan to prepare the emancipated young adult for
independence.

Sec.

5101.1413

5180.4210
.

Notwithstanding
section
5101.141

5180.42

of
the Revised Code and any rules adopted thereunder, the department of
children and youth shall pay the full nonfederal share of payments
made pursuant to section
5101.1411

5180.428

of
the Revised Code. No public children services agency shall be
responsible for the cost of any payments made pursuant to section

5101.1411

5180.428

of
the Revised Code.

Sec.

5101.1414

5180.4211
.

(A)
The department of children and youth shall adopt rules necessary to
carry out the purposes of sections
5101.1411

5180.428

to

5101.1413

5180.4210

of
the Revised Code, including rules that do all of the following:

(1)
Allow an emancipated young adult described in division (A)(1) of
section
5101.1411

5180.428

of
the Revised Code who is directly receiving foster care payments, or
on whose behalf such foster care payments are received, or an adopted
young adult whose adoptive parents are receiving adoption assistance
payments, to maintain eligibility while transitioning into, or out
of, qualified employment or educational activities;

(2)
Require that a thirty-day notice of termination be given by the
department to an emancipated young adult described in division (A)(1)
of section
5101.1411

5180.428

of
the Revised Code who is receiving foster care payments, or on whose
behalf such foster care payments are received, or to a parent
receiving adoption assistance payments for an adopted young adult
described in division (B)(1) of section
5101.1411

5180.428

of
the Revised Code, who is determined to be ineligible for payments;

(3)
Establish the scope of practice and training necessary for case
managers and supervisors who care for emancipated young adults
described in division (A)(1) of section
5101.1411

5180.428

of
the Revised Code who are receiving foster care payments, or on whose
behalf such foster care payments are received, under section

5101.1411

5180.428

of
the Revised Code.

(B)
The department of children and youth shall create an advisory council
to evaluate and make recommendations for statewide implementation of
sections
5101.1411

5180.428

and

5101.1412

5180.429

of
the Revised Code.

Sec.

5101.1415

5180.4212
.

The
provisions of divisions (A) and (D) to (G) of section
5101.1411

5180.428

of
the Revised Code shall not apply if the person is eligible for
temporary or permanent custody until age twenty-one pursuant to a
dispositional order under sections 2151.353, 2151.414, and 2151.415
of the Revised Code.

Sec.

5101.1416

5180.4213
.

(A)

Not
later than nine months after the effective date of this section
,

the
The

director
of
job
and family services
children
and youth
shall

submit
an amendment to the state plan required by 42 U.S.C. 671 to the
United States secretary of health and human services to
implement
42 U.S.C. 673(d) to provide kinship guardianship assistance under
Title IV-E on behalf of a child to a relative who meets the following
requirements:

(1)
The relative has cared for the eligible child pursuant to division
(B) of this section as a foster caregiver as defined by section
5103.02 of the Revised Code for at least six consecutive months.

(2)
Both of the following apply:

(a)
A juvenile court issued an order granting legal custody of the child
to the relative, or a probate court issued an order granting
guardianship of the child to the relative, and the order is not a
temporary court order.

(b)
The relative has committed to care for the child on a permanent
basis.

(3)
The relative signs a kinship guardianship assistance agreement
required by 42 U.S.C. 673.

(B)
A child is an eligible child for kinship guardianship assistance
under this section if the following are met:

(1)
The child has been removed from his or her home pursuant to a
voluntary placement agreement or as a result of a judicial
determination to the effect that continuation in the home would be
contrary to the welfare of the child.

(2)
The child has been eligible for foster care maintenance payments
under section
5101.141

5180.42

of
the Revised Code while residing for at least six consecutive months
in the home of a relative described in division (A) of this section.

(3)
Returning the child home or adoption of the child are not appropriate
permanency options for the child.

(4)
The child demonstrates a strong attachment to the child's relative
described in division (A) of this section and the relative has a
strong commitment to caring permanently for the child.

(5)
With respect to a child who has attained fourteen years of age, the
child has been consulted regarding the kinship guardianship
arrangement.

Sec.

5101.1417

5180.4214
.

The
department of children and youth shall adopt rules necessary to carry
out the purposes of sections
5101.141
5180.42
,

5101.1411
5180.428
,
and
5101.1416

5180.4213

of
the Revised Code, and 42 U.S.C. 673(d) of the "Social Security
Act," including rules that do all of the following:

(A)
Allow a kinship guardianship young adult described in division (C) of
section
5101.1411

5180.428

of
the Revised Code on whose behalf kinship guardianship assistance is
received, to maintain eligibility while transitioning into, or out
of, qualified employment or educational activities;

(B)
Require that a thirty-day notice of termination be given by the
department to a person receiving kinship guardianship assistance for
a kinship guardianship young adult described in division (C) of
section
5101.1411

5180.428

of
the Revised Code, who is determined to be ineligible for assistance.

Sec.

5101.1418

5180.43
.

(A)(1)
If, after a child's adoption is finalized, the department of children
and youth considers the child to be in need of public care or
protective services, the department may, to the extent state funds
are available for this purpose, enter into an agreement with the
child's adoptive parent under which the department may make post
adoption special services subsidy payments on behalf of the child as
needed when both of the following apply:

(a)
The child has a physical or developmental disability or mental or
emotional condition that either:

(i)
Existed before the adoption petition was filed; or

(ii)
Developed after the adoption petition was filed and can be directly
attributed to factors in the child's preadoption background, medical
history, or biological family's background or medical history.

(b)
The department determines the expenses necessitated by the child's
disability or condition are beyond the adoptive parent's economic
resources.

(2)
Services for which the department may make post adoption special
services subsidy payments on behalf of a child under this section
shall include medical, surgical, psychiatric, psychological, and
counseling services, including residential treatment.

(3)
The department shall establish clinical standards to evaluate a
child's physical or developmental disability or mental or emotional
condition and assess the child's need for services.

(4)
The total dollar value of post adoption special services subsidy
payments made on a child's behalf shall not exceed ten thousand
dollars in any fiscal year, unless the department determines that
extraordinary circumstances exist that necessitate further funding of
services for the child. Under such extraordinary circumstances, the
value of the payments made on the child's behalf shall not exceed
fifteen thousand dollars in any fiscal year.

(5)
The adoptive parent or parents of a child who receives post adoption
special services subsidy payments shall pay at least five per cent of
the total cost of all services provided to the child; except that the
department may waive this requirement if the gross annual income of
the child's adoptive family is not more than two hundred per cent of
the federal poverty guideline.

(6)
The department may use other sources of revenue to make post adoption
special services subsidy payments, in addition to any state funds
appropriated for that purpose.

(7)
The department may contract with another person to carry out any of
the duties described in this section.

(B)
No payment shall be made on behalf of any person eighteen years of
age or older beyond the end of the school year during which the
person attains the age of eighteen or on behalf of a mentally or
physically disabled person twenty-one years of age or older.

(C)
The director of children and youth shall adopt rules in accordance
with Chapter 119. of the Revised Code necessary to implement this
section. The rules shall establish all of the following:

(1)
The application process for all forms of assistance provided under
this section;

(2)
Standards for determining the children who qualify to receive
assistance provided under this section;

(3)
The method of determining the amount, duration, and scope of services
provided to a child;

(4)
The method of transitioning the post adoption special services
subsidy program from public children services agencies to the
department;

(5)
Any other rule, requirement, or procedure the department considers
appropriate for the implementation of this section.

(D)
The department shall implement this section not later than July 1,
2022.

Sec.

5101.15

5180.44
.

Within
available funds the department of children and youth may reimburse
counties in accordance with this section for a portion of the
salaries paid to child welfare workers employed under section 5153.12
of the Revised Code. No county with a population of eighty thousand
or less, according to the latest census accepted by the department as
official, shall be entitled to reimbursement on the salaries of more
than two child welfare workers, and no county with a population of
more than eighty thousand, according to such census, shall be
entitled to reimbursement on the salaries of more than two child
welfare workers plus one additional child welfare worker for each one
hundred thousand of population in excess of eighty thousand.

The
maximum reimbursement to which a county may be entitled on any child
welfare worker shall be as follows:

(A)
Twenty-seven hundred dollars a year for a child welfare worker who is
a graduate of an accredited high school, college, or university;

(B)
Thirty-three hundred dollars a year for a child welfare worker who
has one year or more of graduate training in social work or a field
which the department finds to be related to social work;

(C)
Thirty-nine hundred dollars a year for a child welfare worker who has
completed two years of social work training.

The
salary of the executive director, designated in accordance with
section 5153.10 of the Revised Code, shall be subject to
reimbursement under this section, provided that the executive
director qualifies under division (A), (B), or (C) of this section.
No funds shall be allocated under this section until the director of
children and youth has approved a plan of child welfare services for
the county submitted by the public children services agency.

Sec.

5101.19

5180.45
.

As
used in sections
5101.19

5180.45

to

5101.194

5180.454

of
the Revised Code:

(A)
"Adopted child" means a person who is less than eighteen
years of age when the person becomes subject to a final order of
adoption, an interlocutory order of adoption, or when the adoption is
recognized by this state under section 3107.18 of the Revised Code.

(B)
"Adoption" includes an adoption arranged by an attorney, a
public children services agency, private child placing agency, or a
private noncustodial agency, an interstate adoption, or an
international or foreign adoption.

(C)
"Adoptive parent" means the person or persons who obtain
parental rights and responsibilities over an adopted child pursuant
to a final order of adoption, an interlocutory order of adoption, or
an adoption recognized by this state under section 3107.18 of the
Revised Code.

(D)
"Casework services" means services performed or arranged by
a public children services agency, private child placing agency,
private noncustodial agency, or public entity with whom the
department of children and youth has a Title IV-E subgrant agreement
in effect, to manage the progress, provide supervision and protection
of the child and the child's parent, guardian, or custodian.

(E)
"Foster caregiver" has the same meaning as in section
5103.02 of the Revised Code.

(F)
"Qualified professional" means an individual that is, but
not limited to, any one of the following:

(1)
Audiologist;

(2)
Orthopedist;

(3)
Physician;

(4)
Certified nurse practitioner;

(5)
Physician assistant;

(6)
Psychiatrist;

(7)
Psychologist;

(8)
School psychologist;

(9)
Licensed marriage and family therapist;

(10)
Speech and language pathologist;

(11)
Licensed independent social worker;

(12)
Licensed professional clinical counselor;

(13)
Licensed social worker who is under the direct supervision of a
licensed independent social worker;

(14)
Licensed professional counselor who is under the direct supervision
of a licensed professional clinical counselor.

(G)
"Special needs" means any of the following:

(1)
A developmental disability as defined in section 5123.01 of the
Revised Code;

(2)
A physical or mental impairment that substantially limits one or more
of the major life activities;

(3)
Any physiological disorder or condition, cosmetic disfigurement, or
anatomical loss affecting one or more body systems;

(4)
Any mental or psychological disorder;

(5)
A medical condition causing distress, pain, dysfunction, or social
problems as diagnosed by a qualified professional that results in
ongoing medical treatment.

Sec.

5101.191

5180.451
.

(A)
The director of children and youth shall establish and administer the
Ohio adoption grant program in accordance with sections
5101.19

5180.45

to

5101.194

5180.454

of
the Revised Code.

(B)
The director shall provide
one,
but not both,
either

of the following one-time payments for an adopted child to the
child's adoptive parent if the requirements of division (A) of
section
5101.192

5180.452

of
the Revised Code, but not division (B) of that section, are satisfied
regarding the child:

(1)
Ten thousand dollars;

(2)
Fifteen thousand dollars, if the parent was a foster caregiver who
cared for the child prior to adoption.

(C)
The director shall provide a one-time payment for an adopted child of
twenty thousand dollars to the child's adoptive parent if the
requirements of divisions (A) and (B) of section
5101.192

5180.452

of
the Revised Code are satisfied regarding the child.

(D)
The payment described in divisions (B) and (C) of this section shall
be provided to all eligible applicants to the extent state funds are
available for this purpose.

Sec.

5101.192

5180.452
.

(A)
To receive a grant payment under division (B) of section
5101.191

5180.451

of
the Revised Code, all of the following must be satisfied:

(1)
The adoptive parent has not previously received a grant payment from
the Ohio adoption grant program for the adopted child for whom the
parent is seeking payment.

(2)
The adoptive parent does not also currently claim an adoption tax
credit pursuant to former section 5747.37 of the Revised Code for the
adopted child for whom the parent is seeking payment.

(3)
The adoptive parent applies for the grant not later than one year
after the final adoption order, interlocutory order of adoption, or
recognition of the adoption by this state under section 3107.18 of
the Revised Code for the adopted child for whom the grant payment is
sought.

(4)
The adoption was not by a parent whose spouse is a biological or
adoptive parent of the child prior to the adoption for which the
payment is sought.

(5)
The adoption is finalized on or after January 1, 2023.

(6)
The adoptive parent was a resident of Ohio at the time the adoption
was finalized.

(B)
To receive a grant payment under division (C) of section
5101.191

5180.451

of
the Revised Code, both of the following must be satisfied:

(1)
The requirements of division (A) of this section must be satisfied.

(2)
A qualified professional who does not provide casework services to
the adopted child diagnoses the child with one or more special needs
in the professional's area of expertise prior to the final order of
adoption, interlocutory order of adoption, or recognition of the
adoption by this state under section 3107.18 of the Revised Code.

Sec.

5101.193

5180.453
.

(A)
The director of children and youth shall adopt rules to administer
and implement the Ohio adoption grant program. The director, in
consultation with the tax commissioner, shall also adopt rules
authorizing the department to withhold and remit to the Internal
Revenue Service federal income tax from grant payments under division
(B) of section
5101.191

5180.451

of
the Revised Code, provided such withholding is authorized under
federal law or approved by the Internal Revenue Service.

(B)
No application fee shall be charged for the grant program.

(C)
Notwithstanding any law to the contrary, the director may require, as
necessary to administer the Ohio adoption grant program, either or
both of the following:

(1)

The
submission
Certified
copies
of
any court or legal document necessary to prove a final order of
adoption, an interlocutory order of adoption, or recognition of the
adoption under section 3107.18 of the Revised Code;

(2)
Any department, agency,
court,

or
division of the state, including the department of health, to provide
any document related to the adoption.

(D)
(D)(1)
No person shall knowingly produce or submit any false or misleading
documentation or information to the department of children and youth
in an effort to qualify for or obtain a grant from the Ohio adoption
grant program.

(2)
Whoever violates division (D)(1) of this section is guilty of
falsification in accordance with section 2921.13 of the Revised Code.

(E)

Notwithstanding any provision of section 121.95 of the Revised Code
to the contrary, a regulatory restriction contained in a rule adopted
under section
5101.193

5180.453

of
the Revised Code is not subject to sections 121.95 to 121.953 of the
Revised Code.

Sec.

5101.194

5180.454
.

Any
document provided to the department of children and youth under
division (C) of section
5101.193

5180.453

of
the Revised Code remains

a

:

(A)
A
public
record under section 149.43 of the Revised Code if it was a public
record under that section before being provided to the department
;

(B)
Confidential if it was confidential under any state or federal law
before being provided to the department
.

Sec.

5101.85

5180.50
.

As
used in sections
5101.851

5180.51

to

5101.856

5180.514

of
the Revised Code, "kinship caregiver" means any of the
following who is eighteen years of age or older and is caring for a
child in place of the child's parents:

(A)
The following individuals related by blood or adoption to the child:

(1)
Grandparents, including grandparents with the prefix "great,"
"great-great," or "great-great-great";

(2)
Siblings;

(3)
Aunts, uncles, nephews, and nieces, including such relatives with the
prefix "great," "great-great," "grand,"
or "great-grand";

(4)
First cousins and first cousins once removed.

(B)
Stepparents and stepsiblings of the child;

(C)
Spouses and former spouses of individuals named in divisions (A) and
(B) of this section;

(D)
A legal guardian of the child;

(E)
A legal custodian of the child;

(F)
Any nonrelative adult that has a familiar and long-standing
relationship or bond with the child or the family, which relationship
or bond will ensure the child's social ties.

Sec.

5101.851

5180.51
.

The
department of children and youth shall establish a statewide kinship
care navigator program to assist kinship caregivers who are seeking
information regarding, or assistance obtaining, services and benefits
available at the state and local level that address the needs of
those caregivers residing in each county. The program shall provide
to kinship caregivers information and referral services and
assistance obtaining support services including the following:

(A)
Publicly funded child care;

(B)
Respite care;

(C)
Training related to caring for special needs children;

(D)
A toll-free telephone number that may be called to obtain basic
information about the rights of, and services available to, kinship
caregivers;

(E)
Legal services.

Sec.

5101.853

5180.511
.

The
director of children and youth shall divide the state into not less
than five and not greater than twelve regions, for the kinship care
navigator program under section
5101.851

5180.51

of
the Revised Code. The director shall take the following into
consideration when establishing the regions:

(A)
The population size;

(B)
The estimated number of kinship caregivers;

(C)
The expertise of kinship navigators;

(D)
Any other factor the director considers relevant.

Sec.

5101.854

5180.512
.

The
program in each kinship care navigator region established under
section
5101.853

5180.511

of
the Revised Code shall provide information and referral services and
assistance in obtaining support services for kinship caregivers
within its region.

Sec.

5101.855

5180.513
.

The
department of children and youth shall adopt rules to implement the
kinship care navigator program. The rules shall be adopted under
Chapter 119. of the Revised Code, except that rules governing fiscal
and administrative matters related to implementation of the program
are internal management rules and shall be adopted under section
111.15 of the Revised Code.

Sec.

5101.856

5180.514
.

(A)(1)
The kinship care navigator program shall be funded to the extent that
general revenue funds have been appropriated by the general assembly
for that purpose.

(2)
The director of children and youth shall take any action necessary to
obtain funds available for the kinship care navigator program under
Title IV-E of the "Social Security Act,"
94
Stat. 501 (1980),

42 U.S.C. 670, as amended.

(B)
The department shall pay the full nonfederal share for the kinship
care navigator program. No county department of job and family
services or public children services agency shall be responsible for
the cost of the program.

Sec.

5101.802

5180.52
.

(A)
As used in this section:

(1)
"Custodian," "guardian," and "minor child"
have the same meanings as in section 5107.02 of the Revised Code.

(2)
"Federal poverty guidelines" has the same meaning as in
section 5101.46 of the Revised Code.

(3)
"Kinship caregiver" has the same meaning as in section

5101.85

5180.50

of
the Revised Code.

(B)
Subject to division (E) of section 5101.801 of the Revised Code,
there is hereby created the kinship permanency incentive program to
promote permanency for a minor child in the legal and physical
custody of a kinship caregiver. The program shall provide an initial
one-time incentive payment to the kinship caregiver to defray the
costs of initial placement of the minor child in the kinship
caregiver's home. The program may provide additional permanency
incentive payments for the minor child at six-month intervals, based
on the availability of funds. An eligible caregiver may receive a
maximum of eight incentive payments per minor child.

(C)
A kinship caregiver may participate in the program if all of the
following requirements are met:

(1)
The kinship caregiver applies to a public children services agency in
accordance with the application process established in rules
authorized by division (E) of this section;

(2)
Not earlier than July 1, 2005, a juvenile court issues an order
granting legal custody to the kinship caregiver, or a probate court
grants guardianship to the kinship caregiver, except that a temporary
court order is not sufficient to meet this requirement;

(3)
The kinship caregiver is either the minor child's custodian or
guardian;

(4)
The minor child resides with the kinship caregiver pursuant to a
placement approval process established in rules authorized by
division (E) of this section;

(5)
Excluding any income excluded under rules adopted under division (E)
of this section, the gross income of the kinship caregiver's family,
including the minor child, does not exceed three hundred per cent of
the federal poverty guidelines.

(6)
The kinship caregiver is not receiving kinship guardianship
assistance under Title IV-E of the "Social Security Act,"
42 U.S.C. 673(d), as amended, or the program described in section

5101.1411

5180.428

of
the Revised Code or the program described in section 5153.163 of the
Revised Code.

(D)
Public children services agencies shall make initial and ongoing
eligibility determinations for the kinship permanency incentive
program in accordance with rules authorized by division (E) of this
section. The director of children and youth shall supervise public
children services agencies' duties under this section.

(E)
The director of children and youth shall adopt rules under division
(C) of section 5101.801 of the Revised Code as necessary to implement
the kinship permanency incentive program. The rules shall establish
all of the following:

(1)
The application process for the program;

(2)
The placement approval process through which a minor child is placed
with a kinship caregiver for the kinship caregiver to be eligible for
the program;

(3)
The initial and ongoing eligibility determination process for the
program, including the computation of income eligibility;

(4)
The amount of the incentive payments provided under the program;

(5)
The method by which the incentive payments are provided to a kinship
caregiver.

(F)
The amendments made to this section by Am. Sub. H.B. 119 of the 127th
general assembly shall not affect the eligibility of any kinship
caregiver whose eligibility was established before June 30, 2007.

Sec.

5101.88

5180.53
.

As
used in sections
5101.881

5180.531

to

5101.8811

5180.536

of
the Revised Code:

(A)
"Cost-of-living adjustment" has the same meaning as in
section 5107.04 of the Revised Code.

(B)
"Kinship caregiver" has the same meaning as in section

5101.85

5180.50

of
the Revised Code.

Sec.

5101.881

5180.531
.

There
is hereby established the kinship support program. The department of
children and youth shall coordinate and administer the program to the
extent funds are appropriated and allocated for this purpose.

Sec.

5101.884

5180.532
.

The
kinship support program shall provide financial payments to kinship
caregivers who:

(A)
Receive placement of a child who is in the temporary or permanent
custody of a public children services agency or under the Title IV-E
agency with legal responsibility for the care and placement of the
child; and

(B)
Do not have foster home certification under section 5103.03 of the
Revised Code.

Sec.

5101.885

5180.533
.

Kinship
support program payments under section
5101.884

5180.532

of
the Revised Code shall be ten dollars and twenty cents per child, per
day, to the extent funds are available. The department of children
and youth shall increase the payment amount on January 1, 2022, and
on the first day of each January thereafter by the cost-of-living
adjustment made in the immediately preceding December.

Sec.

5101.886

5180.534
.

Kinship
support program payments shall be made to kinship caregivers
as
follows:

(A)
For not more than nine months after the effective date of this
section, if a child has been placed with the kinship caregiver as of
the effective date of this section;

(B)
For not more than than nine months after the placement of a child
with the kinship caregiver, if the placement occurs during the
nine-month period that begins on the effective date of this section;

(C)
For
for

not
more than six months after the date of placement of a child with the
kinship caregiver
,
if the placement occurs after the nine-month period that began on the
effective date of this section
.

Sec.

5101.887

5180.535
.

Kinship
support program payments under section
5101.884

5180.532

of
the Revised Code shall cease when any of the following occur:

(A)
The kinship caregiver obtains foster home certification under section
5103.03 of the Revised Code.

(B)
In accordance with section
5101.886

5180.534

of
the Revised Code;

(C)
Placement with the kinship caregiver is terminated or otherwise
ceases.

Sec.

5101.8811

5180.536
.

The
director of children and youth may adopt rules for the administration
of the kinship support program in accordance with section 111.15 of
the Revised Code.

Sec.

5101.8812

5180.56
.

Benefits
and services provided under the kinship guardianship assistance
program, extended kinship guardianship assistance program, kinship
support program, and kinship permanency incentive program are
inalienable whether by way of assignment, charge, or otherwise and
exempt from execution, attachment,
guardianship
garnishment
,
and other like processes.

Sec.

5101.889

5180.57
.

A
kinship caregiver, on obtaining foster home certification under
section 5103.03 of the Revised Code, shall receive foster care
maintenance payments equal to the custodial agency rate as determined
by the certifying agency, which is either the custodial agency,
private child placing agency, or private non-custodial agency.

Sec.

5101.34

5180.70
.

(A)
There is hereby created in the department of children and youth the
Ohio commission on fatherhood. The commission shall consist of the
following members:

(1)(a)
Four members of the house of representatives appointed by the speaker
of the house, not more than two of whom are members of the same
political party. Two of the members must be from legislative
districts that include a county or part of a county that is among the
one-third of counties in this state with the highest number per
capita of households headed by females.

(b)
Two members of the senate appointed by the president of the senate,
each from a different political party. One of the members must be
from a legislative district that includes a county or part of a
county that is among the one-third of counties in this state with the
highest number per capita of households headed by females.

(2)
The governor, or the governor's designee;

(3)
One representative of the judicial branch of government appointed by
the chief justice of the supreme court;

(4)
The directors of health, children and youth, rehabilitation and
correction, mental health and addiction services, youth services, and
education and workforce, or their designees;

(5)
One representative of the Ohio family and children first cabinet
council created under section 121.37 of the Revised Code appointed by
the chairperson of the council;

(6)
Five representatives of the general public appointed by the governor.
These members shall have extensive experience in issues related to
fatherhood.

(B)
Members appointed to the Ohio commission on fatherhood shall serve
two-year terms. A member appointed pursuant to division (A)(1) of
this section shall serve on the commission until the end of the
general assembly from which the member was appointed or until the
member ceases to serve in the chamber of the general assembly in
which the member serves at the time of appointment, whichever occurs
first. The governor or the governor's designee shall serve on the
commission until the governor ceases to be governor. The directors or
their designees shall serve on the commission until they cease, or
the director a designee represents ceases, to be director. Each
member shall serve on the commission from the date of appointment
until the end of the term for which the member was appointed. Members
may be reappointed.

Vacancies
shall be filled in the manner provided for original appointments. Any
member appointed to fill a vacancy occurring prior to the expiration
date of the term for which the member's predecessor was appointed
shall serve on the commission for the remainder of that term. A
member shall continue to serve on the commission subsequent to the
expiration date of the member's term until the member's successor is
appointed or until a period of sixty days has elapsed, whichever
occurs first. Members shall serve without compensation but shall be
reimbursed for necessary expenses.

Sec.

5101.341

5180.701
.

(A)
The Ohio commission on fatherhood shall elect a chairperson from
among its members in every odd-numbered year.

(B)
The governor shall appoint an individual to serve as the commission's
executive director. The executive director shall serve at the
pleasure of the governor and shall report to the director of children
and youth or the director's designee.

The
governor shall fix the executive director's salary on the basis of
the executive director's experience and the executive director's
responsibilities and duties. The executive director shall be in the
unclassified civil service.

The
department of children and youth shall provide staff and other
support services as necessary for the commission to fulfill its
duties.

(C)
The commission may accept gifts, grants, donations, contributions,
benefits, and other funds from any public agency or private source to
carry out any or all of the commission's duties. The funds shall be
deposited into the Ohio commission on fatherhood fund, which is
hereby created in the state treasury. All gifts, grants, donations,
contributions, benefits, and other funds received by the commission
pursuant to this division shall be used solely to support the
operations of the commission.

Sec.

5101.342

5180.702
.

The
Ohio commission on fatherhood shall do both of the following:

(A)
Organize a state summit on fatherhood every four years;

(B)
Prepare a report each year that does the following:

(1)
Identifies resources available to fund fatherhood-related programs
and explores the creation of initiatives to do the following:

(a)
Build the parenting skills of fathers;

(b)
Provide employment-related services for low-income, noncustodial
fathers;

(c)
Prevent premature fatherhood;

(d)
Provide services to fathers who are inmates in or have just been
released from imprisonment in a state correctional institution, as
defined in section 2967.01 of the Revised Code, or in any other
detention facility, as defined in section 2921.01 of the Revised
Code, so that they are able to maintain or reestablish their
relationships with their families;

(e)
Reconcile fathers with their families;

(f)
Increase public awareness of the critical role fathers play.

(2)
Describes the commission's expectations for the outcomes of
fatherhood-related programs and initiatives and the methods the
commission uses for conducting annual measures of those outcomes;

(3)
Evaluates the number of fathers and children served and the number
and types of additional services provided as a result of the
recommendations made to the director of job and family services
pursuant to section
5101.805

5180.704

of
the Revised Code
;

(4)
Evaluates the performance of the nonprofit community-based
organizations that received grants under section 5180.706 of the
Revised Code
.

The
commission shall submit each report to the general assembly in
accordance with section 101.68 of the Revised Code.

(C)
Pursuant to section
5101.805

5180.704

of
the Revised Code, the commission may make recommendations to the
director of
job
and family services
children
and youth
regarding
funding, approval, and implementation of fatherhood programs in this
state that meet at least one of the four purposes of the temporary
assistance for needy families block grant, as specified in 42 U.S.C.
601.

(D)
The portion of the report prepared pursuant to
division

divisions

(B)(2)

and
(4)
of
this section shall be prepared by the commission in collaboration
with the director of children and youth.

(E)
The commission shall submit each report prepared pursuant to division
(B) of this section to the president and minority leader of the
senate, speaker and minority leader of the house of representatives,
governor, and chief justice of the supreme court. The first report is
due not later than one year after the last of the initial
appointments to the commission is made under section
5101.341

5180.701

of
the Revised Code.

Sec.

5101.343

5180.703
.

Sections
101.82 to 101.87 of the Revised Code do not apply to the Ohio
commission on fatherhood.

Sec.

5101.805

5180.704
.

(A)
Subject to division (E) of section 5101.801 of the Revised Code, the
Ohio commission on fatherhood, created under section
5101.34

5180.70

of
the Revised Code, may make recommendations to the director of
job
and family services
children
and youth
concerning
the funding, approval, and implementation of fatherhood programs in
this state that meet at least one of the four purposes of the
temporary assistance for needy families block grant, as specified in
42 U.S.C. 601.

(B)
The department of
job
and family services
children
and youth
may
provide funding under this section to government entities and, to the
extent permitted by federal law, private, not-for-profit entities
with which the department enters into agreements under division
(B)(4) of section 5101.801 of the Revised Code.

Sec.
5180.705.
(A)
The department of children and youth, through the Ohio commission on
fatherhood, must contract for the development and implementation of
the responsible fatherhood initiative (RFI). The initiative must
provide an opportunity for every father in the state to obtain
information and inspiration that will motivate and enable him to
enhance his abilities as a father, recognizing that some fathers have
greater challenges than others and would benefit from greater
support.

(B)
The initiative must include the following:

(1)
A statewide media campaign that increases the awareness of the
importance of fathers being involved in their children's lives. The
media campaign may include print, television, digital, and social
media elements and appearances by and involvement from public figures
and influencers.

(2)
Resources and information for fathers and father figures to increase
engagement and involvement in their children's lives.

(C)(1)
The department must contract for the development and implementation
of the initiative with a nonprofit (RFI manager) organization that
has both of the following:

(a)
A history of focusing on responsible fatherhood, including providing
online resources to fathers, and engaging fathers, father figures,
and children through community-based and school-based events to
encourage responsible fatherhood;

(b)
The organizational capacity to manage a statewide initiative and
successfully carry out the requirements of this section.

(2)
The organization must collaborate with other relevant government
agencies and private organizations to develop and implement the
initiative. Those agencies and organizations must collaborate with
the contracted organization to carry out the initiative.

(3)
The RFI manager must be solely responsible for developing,
collaborating, and managing the RFI media campaign and the resources,
content, and information for fathers.

Sec.
5180.706.
(A)
The department of children and youth, through the Ohio commission on
fatherhood, must award grants to eligible nonprofit organizations, as
described in section 5180.705 of the Revised Code, to address the
needs of fathers. The department must award the following types of
grants:

(1)
Grants that comprehensively address the needs of fathers, such as
assisting them in finding employment, managing child support
obligations, transitioning from a period of incarceration, accessing
health care, understanding child development, and enhancing parenting
skills. Services provided must be tailored to the needs of the father
being served. Case management services must be provided by the grant
recipient, either directly or by subcontract, to the fathers who are
served by the grants under this section. If the father receiving case
management services through a grant awarded under this section has a
child receiving services from a public children services agency
because the child is the subject of an abuse, neglect, or dependency
proceeding, the case management services may be coordinated.

(2)
Grants that provide evidence-based parenting education specifically
for fathers. The grants under this section must not require case
management services.

(B)
The department must prioritize applicants for a grant based on the
following:

(1)
Need in a geographic area and the population to be served by the
grant as indicated by the following:

(a)
Unemployment rates;

(b)
Incarceration rates;

(c)
Housing instability;

(d)
The number of single-parent households;

(e)
The number of public benefit recipients;

(f)
Graduation rates;

(g)
Levels of academic achievement.

(2)
Whether an applicant has a primary mission of, or a history of a
significant focus on and effective work towards, addressing the needs
of men in their role as fathers;

(3)
Applicant current and historical involvement in the community being
served;

(4)
Applicant commitment and capability to employ competent staff who can
effectively engage with the fathers being served, including
individuals who share similar backgrounds as the fathers being
served;

(5)
The number of individuals the applicant plans to serve through the
grant and the projected costs for the program;

(6)
Applicant organizational capacity to effectively meet the
requirements of the grant and to deliver the programs proposed by the
applicant. The department may offer technical assistance to
applicants and grant recipients that have lower organizational
capacity if they have, or their leadership has, significant
experience serving fathers.

(C)
Grants are to be awarded for not more than three years, with
subsequent funding contingent on compliance with grant requirements
and adequate performance. Grant recipients must submit reports to the
department in a format and at intervals, which must be at least
annually, prescribed by the department. The RFI manager contracted
with under section 5180.705 of the Revised Code may be a recipient of
grants under this section.

Sec.
5180.707.
(A)
A nonprofit organization that receives a grant under section 5180.706
of the Revised Code must address the unique needs of the fathers of
children who are served by the organization. The organization must do
all of the following:

(1)
Conduct an initial assessment of its engagement with those fathers
and its provision of and referral to father-oriented services;

(2)
Create an action plan to address any gaps identified through the
assessment and implement the action plan;

(3)
Engage with the Ohio commission on fatherhood to build relationships
with fathers, help identify their needs, assist them in accessing
services, and communicate with the organization about the challenges
faced by these fathers and how to appropriately meet their unique
needs.

(B)
The Ohio commission on fatherhood must annually review how all
recipient organizations are meeting the needs of fathers, including
how the organizations are helping fathers establish positive, stable
relationships with their children and assisting fathers in receiving
needed services. All recipient organizations must provide any
relevant information on how they are meeting the needs of these
fathers to the commission. The information must be included in the
annual report required under section 5180.702 of the Revised Code.

Sec.

5101.804

5180.71
.

(A)
Subject to division (E) of section 5101.801 of the Revised Code,
there is hereby created the Ohio parenting and pregnancy program to
provide services for pregnant women and parents or other relatives
caring for children twelve months of age or younger that do both of
the following:

(1)
Promote childbirth, parenting, and alternatives to abortion;

(2)
Meet one or more of the four purposes of the temporary assistance for
needy families block grant as specified in 42 U.S.C. 601.

(B)
To the extent permitted by federal law, the department of children
and youth may provide funds under the program to entities with which
the department enters into agreements under division (B)(3) of
section 5101.801 of the Revised Code. In accordance with criteria the
department develops, the department may solicit proposals from
entities seeking to provide services under the program. The
department may enter into an agreement with an entity only if it
meets all of the following conditions:

(1)
Is a private, not-for-profit entity;

(2)
Is an entity whose primary purpose is to promote childbirth, rather
than abortion, through counseling and other services, including
parenting and adoption support;

(3)
Provides services to pregnant women and parents or other relatives
caring for children twelve months of age or younger, including
clothing, counseling, diapers, food, furniture, health care,
parenting classes, postpartum recovery, shelter, and any other
supportive services, programs, or related outreach;

(4)
Does not charge pregnant women and parents or other relatives caring
for children twelve months of age or younger a fee for any services
received;

(5)
Is not involved in or associated with any abortion activities,
including providing abortion counseling or referrals to abortion
clinics, performing abortion-related medical procedures, or engaging
in pro-abortion advertising;

(6)
Does not discriminate in its provision of services on the basis of
race, religion, color, age, marital status, national origin,
disability, or gender.

(C)
An entity that has entered into an agreement with the department
under division (B)(3) of section 5101.801 of the Revised Code may
enter into a subcontract with another entity under which the other
entity provides all or part of the services described in division
(B)(3) of this section. A subcontract may be entered into with
another entity only if that entity meets all of the following
conditions:

(1)
Is a private, not-for-profit entity;

(2)
Is physically and financially separate from any entity, or component
of an entity, that engages in abortion activities;

(3)
Is not involved in or associated with any abortion activities,
including providing abortion counseling or referrals to abortion
clinics, performing abortion-related medical procedures, or engaging
in pro-abortion advertising.

(D)
The director of children and youth shall adopt rules under division
(C) of section 5101.801 of the Revised Code as necessary to implement
the Ohio parenting and pregnancy program.

Sec.

3701.65

5180.72
.

(A)
There is hereby created in the state treasury the "choose life"
fund. The fund shall consist of the contributions that are paid to
the registrar of motor vehicles by applicants who voluntarily elect
to obtain "choose life" license plates pursuant to section
4503.91 of the Revised Code and any money returned to the fund under
division (E)(1)(d) of this section. All investment earnings of the
fund shall be credited to the fund.

(B)(1)
At least annually, the director of
health

children
and youth
shall
distribute the money in the fund to any private, nonprofit
organization that is eligible to receive funds under this section and
that applies for funding under division (C) of this section.

(2)
The director shall allocate the funds to each county in proportion to
the number of "choose life" license plates issued during
the preceding year to vehicles registered in each county. The
director shall distribute funds allocated for a county as follows:

(a)
To one or more eligible organizations located within the county;

(b)
If no eligible organization located within the county applies for
funding, to one or more eligible organizations located in contiguous
counties;

(c)
If no eligible organization located within the county or a contiguous
county applies for funding, to one or more eligible organizations
within any other county.

(3)
The director shall ensure that any funds allocated for a county are
distributed equally among eligible organizations that apply for
funding within the county.

(C)
Any organization seeking funds under this section annually shall
apply for distribution of the funds based on the county in which the
organization is located. An organization also may apply for funding
in a county in which it is not located if it demonstrates that it
provides services for pregnant women residing in that county. The
director shall develop an application form and may determine the
schedule and procedures that an organization shall follow when
annually applying for funds. The application shall inform the
applicant of the conditions for receiving and using funds under
division (E) of this section. The application shall require evidence
that the organization meets all of the following requirements:

(1)
Is a private, nonprofit organization;

(2)
Is committed to counseling pregnant women about the option of
adoption;

(3)
Provides services within the state to pregnant women who are planning
to place their children for adoption, including counseling and
meeting the material needs of the women;

(4)
Does not charge women for any services received;

(5)
Is not involved or associated with any abortion activities, including
counseling for or referrals to abortion clinics, providing medical
abortion-related procedures, or pro-abortion advertising;

(6)
Does not discriminate in its provision of any services on the basis
of race, religion, color, age, marital status, national origin,
disability, gender, or age;

(7)
If the organization is applying for funding in a county in which it
is not located, provides services for pregnant women residing in that
county.

(D)
The director shall not distribute funds to an organization that does
not provide verifiable evidence of the requirements specified in the
application under division (C) of this section and shall not provide
additional funds to any organization that fails to comply with
division (E) of this section in regard to its previous receipt of
funds under this section.

(E)(1)
An organization receiving funds under this section shall do all of
the following:

(a)
Use not more than sixty per cent of the funds distributed to it for
the material needs of pregnant women who are planning to place their
children for adoption or for infants awaiting placement with adoptive
parents, including clothing, housing, medical care, food, utilities,
and transportation;

(b)
Use not more than forty per cent of the funds distributed to it for
counseling, training, or advertising;

(c)
Not use any of the funds distributed to it for administrative
expenses, legal expenses, or capital expenditures;

(d)
Annually return to the fund created under division (A) of this
section any unused money that exceeds ten per cent of the money
distributed to the organization.

(2)
The organization annually shall submit to the director an audited
financial statement verifying its compliance with division (E)(1) of
this section.

(F)
The director, in accordance with Chapter 119. of the Revised Code,
shall adopt rules to implement this section.

It
is not the intent of the general assembly that the department create
a new position within the department to implement and administer this
section. It is the intent of the general assembly that the
implementation and administration of this section be accomplished by
existing department personnel.

(G)
If funds that have been allocated to a county for any previous year
have not been distributed to one or more eligible organizations, the
director may distribute those funds in accordance with this section.

Sec.

5180.40

5180.73
.

To
increase participation in evidence-based parenting education
programs, the department of children and youth shall ensure state
departments, agencies, and boards have information to communicate
with parents, caregivers, and child care providers about such
programs to promote their benefits, including their parenting,
caregiving, and educational resources.

Sec.
5180.99.
(A)
Whoever violates division (B) of section 5180.275 of the Revised Code
is guilty of a misdemeanor of the second degree.

(B)
Whoever violates section 5180.403 of the Revised Code is guilty of a
misdemeanor of the fourth degree.

Sec.
5303.34.
(A)
As used in this section, "bad faith" means a trespass
committed with either of the following:

(1)
Actual knowledge that the entry onto, and the extraction of minerals
from, the property was unlawful;

(2)
Willful or wanton disregard for the lawful property or mineral rights
of another person and with the intent of depriving the lawful owner
of the owner's minerals.

"Bad
faith" shall not be presumed and does not include an entry onto
property based on a reasonable belief that such entry, or the
extraction occurring after such entry, was lawful.

(B)
In an action brought by a person who owns mineral rights against any
person who trespasses on the land containing such minerals and
unlawfully extracts, exploits, or otherwise converts the minerals,
damages shall be equal to one of the following:

(1)
In the case of minerals, such as coal, stone, or ore, that are
extracted by underground or surface mining methods, the revenue
received from the sale of the minerals measured at the mouth of the
mine, less the cost of extraction, less any sums previously paid;

(2)
In the case of minerals, such as hydrocarbons, in liquid or gaseous
states that are extracted by drilling, the revenue received from the
sale of such minerals measured at the wellhead, less the cost of
extraction, less any sums previously paid.

(C)
When calculating damages under division (B)(1) or (2) of this
section, if the person who trespassed is determined to have
trespassed on the land in bad faith, no reduction for the cost of
extraction shall be allowed, and the damaged party is entitled to the
full revenue received from the sale of the minerals measured at the
mouth of the mine or at the wellhead, as applicable, regardless of
extraction method, less any sums previously paid. The damaged party
is not entitled to punitive damages.

Sec.
5310.06.
All
money received by the clerk of the probate court or the clerk of the
court of common pleas under section 5310.05 of the Revised Code shall
be paid at least once a month to the treasurer of state, who shall
,
with the advice and approval of the secretary of state and the
auditor of state,

invest, reinvest, and keep invested such funds in bonds and
securities of the United States, or of this state, or of any county,
township, district, or municipal corporation of this state, or in
approved mortgages on
incomeproducing

income-producing

lands
that are registered, provided that no loan shall be made by mortgage
on any land which is not assessed, at the latest general assessment,
for at least twice the amount of the loan, exclusive of improvements.

Sec.
5310.47.
Abolition
of land registration in a county does not bar
either
of the following:

(A)
A
a

person
who is deprived of land, any interest therein, or any encumbrance
thereon as the result of a decree obtained by fraud in a case
relating to registered land or to the initial registration of land
from filing a complaint to open up and review the case as provided in
section 5309.23 or 5309.81 of the Revised Code
;

(B)
A person who has a cause of action under section 5310.07 of the
Revised Code from commencing and prosecuting an action as provided in
that section, subject to the period of limitation provided in section
5310.12 of the Revised Code. If judgment is rendered for the
plaintiff in such an action, recovery shall be had as provided in
sections 5310.09 to 5310.11 and 5310.13 of the Revised Code
.

Sec.
5323.02.
(A)
An owner of residential rental property shall file with the county
auditor of the county in which the property is located the following
information:

(1)
The name, address, and telephone number of the owner;

(2)
If the residential rental property is owned by a trust, business
trust, estate, partnership, limited partnership, limited liability
company, association, corporation, or any other business entity, the
name, address, and telephone number of the following:

(a)
A trustee, in the case of a trust or business trust;

(b)
The executor or administrator, in the case of an estate;

(c)
A general partner, in the case of a partnership or a limited
partnership;

(d)
A member, manager, or officer, in the case of a limited liability
company;

(e)
An associate, in the case of an association;

(f)
An officer, in the case of a corporation;

(g)
A member, manager, or officer, in the case of any other business
entity.

(3)
The street address and permanent parcel number of the residential
rental property.

(B)
The information required under division (A) of this section shall be
filed and maintained on the tax list or the real property record.

(C)
An owner of residential rental property shall update the information
required under division (A) of this section within sixty days after
any change in the information occurs.

(D)
The county auditor shall provide an owner of residential rental
property located in a county that has a population of more than two
hundred thousand according to the most recent decennial census with
notice pursuant to division (B) of section 323.131 of the Revised
Code of the requirement to file the information required under
division (A) of this section and the requirement to update that
information under division (C) of this section.

(E)
The owner of residential real property shall comply with the
requirements under divisions (A) and (C) of this section within sixty
days after receiving the notice provided under division (D) of this
section, division
(D)
(E)

of section 319.202, or division (B) of section 323.131 of the Revised
Code.

(F)
Any agent designated by the owner to manage the property on the
owner's behalf may file or update any information, or do anything
otherwise required by this section, on the owner's behalf.

Sec.
5501.91.
(A)
As used in this section, "port authority" means a port
authority created under Chapter 4582. of the Revised Code.

(B)
There is hereby established the Ohio maritime assistance program,
which the department of transportation shall administer. Under the
program, a port authority may apply to the department for a grant to
be used as prescribed in division (D) of this section. In order to be
eligible for a grant under this section, a port authority is required
to meet either of the following requirements:

(1)
At the time of application for a grant, the port authority owns
or
is the co-applicant with the owner of
an
active marine cargo terminal located on

one
of

the
following:

(a)
The
shore
of Lake Erie or the Ohio river

or
on
;

(b)
On
a
Lake Erie tributary
;

(c)
On an Ohio river tributary
.

(2)
At the time of application for a grant, the port authority is located
in, or has jurisdiction within, a federally qualified opportunity
zone and the federally qualified opportunity zone has an active
marine cargo terminal with a stevedoring operation that is located on
the shore of Lake Erie or the Ohio river.

(C)(1)
Every applicant for a grant shall submit with its application a
written business justification for the investment that indicates the
operational and market need for the project in a form the director of
transportation shall prescribe.

(2)
The department shall evaluate all grant applications according to the
following criteria:

(a)
The degree to which the proposed project will increase the efficiency
or capacity of maritime cargo terminal operations;

(b)
Whether the project will result in the handling of new types of cargo
or an increase in cargo volume;

(c)
Whether the project will meet an identified supply chain need or
benefit Ohio firms that export goods to foreign markets, or import
goods to Ohio for use in manufacturing or for value-added
distribution;

(d)
Any other criteria the director determines to be appropriate.

(3)
If a grant application does not meet the criteria specified in
divisions (C)(2)(b) and (c) of this section, an applicant is not
eligible for a grant under this section.

(D)
A port authority shall use a grant awarded under this section only
for any of the following purposes:

(1)
Land acquisition and site development for marine cargo terminal and
associated uses, including demolition and environmental remediation;

(2)
Construction of wharves, quay walls, bulkheads, jetties, revetments,
breakwaters, shipping channels, dredge disposal facilities, projects
for the beneficial use of dredge material, and other structures and
improvements directly related to maritime commerce and harbor
infrastructure;

(3)
Construction and repair of warehouses, transit sheds, railroad
tracks, roadways, gates and gatehouses, fencing, bridges, offices,
shipyards, and other improvements needed for marine cargo terminal
and associated uses, including shipyards;

(4)
Acquisition of cargo handling equipment, including mobile shore
cranes, stationary cranes, tow motors, fork lifts, yard tractors,
craneways, conveyor and bulk material handling equipment, and all
types of ship loading and unloading equipment;

(5)
Planning and design services and other services associated with
construction.

(E)
A port authority shall pay a matching amount of at least one dollar
for each grant dollar received for the proposed project.

(F)
The director of transportation shall govern the program established
under this section, including the grant application, evaluation,
award processes, and how the grant money may be spent by a port
authority.

Sec.
5502.262.
(A)
As used in this section:

(1)
"Administrator" means the superintendent, principal, chief
administrative officer, or other person having supervisory authority
of any of the following:

(a)
A city, exempted village, local, or joint vocational school district;

(b)
A community school established under Chapter 3314. of the Revised
Code, as required through reference in division (A)(11)(d) of section
3314.03 of the Revised Code;

(c)
A STEM school established under Chapter 3326. of the Revised Code, as
required through reference in section 3326.11 of the Revised Code;

(d)
A college-preparatory boarding school established under Chapter 3328.
of the Revised Code;

(e)
A district or school operating a career-technical education program
approved by the department of education and workforce under section
3317.161 of the Revised Code;

(f)
A chartered nonpublic school;

(g)
An educational service center;

(h)
A preschool program or school-age child care program licensed by the
department of education and workforce;

(i)
Any other facility that primarily provides educational services to
children subject to regulation by the department of education and
workforce.

(2)
"Emergency management test" means a regularly scheduled
drill, exercise, or activity designed to assess and evaluate an
emergency management plan under this section.

(3)
"Building" means any school, school building, facility,
program, or center.

(4)
"Regional mobile training officer" means the regional
mobile training officer appointed under section 5502.70 of the
Revised Code for the region in which a district, school, center,
program, or facility is located.

(B)(1)
Each administrator shall develop and adopt a comprehensive emergency
management plan, in accordance with rules adopted pursuant to
division (F) of this section, for each building under the
administrator's control. The administrator shall examine the
environmental conditions and operations of each building to determine
potential hazards to student and staff safety and shall propose
operating changes to promote the prevention of potentially dangerous
problems and circumstances. In developing the plan for each building,
the administrator shall involve community law enforcement and safety
officials, parents of students who are assigned to the building, and
teachers and nonteaching employees who are assigned to the building.
The administrator may involve the regional mobile training officer in
the development of the plan. The administrator shall incorporate
remediation strategies into the plan for any building where
documented safety problems have occurred.

(2)
Each administrator shall also incorporate into the emergency
management plan adopted under division (B)(1) of this section all of
the following:

(a)
A protocol for addressing serious threats to the safety of property,
students, employees, or administrators;

(b)
A protocol for responding to any emergency events that occur and
compromise the safety of property, students, employees, or
administrators. This protocol shall include, but not be limited to,
all of the following:

(i)
A floor plan that is unique to each floor of the building;

(ii)
A site plan that includes all building property and surrounding
property;

(iii)
An emergency contact information sheet.

(c)
A threat assessment plan developed as prescribed in section 5502.263
of the Revised Code. A building may use the model plan developed by
the department of public safety under that section;

(d)
A protocol for school threat assessment teams established under
section 3313.669 of the Revised Code
;

(e)
A protocol that addresses student use of cellular telephones during
an active threat or emergency
.

(3)
Each protocol described in division (B) of this section shall include
procedures determined to be appropriate by the administrator for
responding to threats and emergency events, respectively, including
such things as notification of appropriate law enforcement personnel,
calling upon specified emergency response personnel for assistance,
and informing parents of affected students.

Prior
to the opening day of each school year, the administrator shall
inform each student or child enrolled in the school and the student's
or child's parent of the parental notification procedures included in
the protocol.

(4)
Each administrator shall keep a copy of the emergency management plan
adopted pursuant to this section in a secure place.

(C)(1)
The administrator shall submit to the director of public safety, in
accordance with rules adopted pursuant to division (F) of this
section, an electronic copy of the emergency management plan
prescribed by division (B) of this section not less than once every
three years, whenever a major modification to the building requires
changes in the procedures outlined in the plan, and whenever
information on the emergency contact information sheet changes.

(2)
The administrator also shall file a copy of the plan with each law
enforcement agency that has jurisdiction over the school building
and, upon request, to any of the following:

(a)
The fire department that serves the political subdivision in which
the building is located;

(b)
The emergency medical service organization that serves the political
subdivision in which the building is located;

(c)
The county emergency management agency for the county in which the
building is located;

(d)
The regional mobile training officer.

(3)
Upon receipt of an emergency management plan, the director shall post
the information on the contact and information management system and
submit the information in accordance with rules adopted pursuant to
division (F) of this section, to the attorney general, who shall post
that information on the Ohio law enforcement gateway or its
successor.

(4)
Any department or entity to which copies of an emergency management
plan are filed under this section shall keep the copies in a secure
place.

(D)(1)
Not later than the first day of September of each year, each
administrator shall review the emergency management plan and certify
to the director that the plan is current and accurate.

(2)
Anytime that an administrator updates the emergency management plan
pursuant to division (C)(1) of this section, the administrator shall
file copies, not later than the tenth day after the revision is
adopted and in accordance with rules adopted pursuant to division (F)
of this section, to the director and to any entity with which the
administrator filed a copy under division (C)(2) of this section.

(E)
Each administrator shall do both of the following:

(1)
Prepare and conduct at least one annual emergency management test, as
defined in division (A)(2) of this section, in accordance with rules
adopted pursuant to division (F) of this section;

(2)
Grant access to each building under the control of the administrator
to law enforcement personnel and to entities described in division
(C)(2) of this section, to enable the personnel and entities to hold
training sessions for responding to threats and emergency events
affecting the building, provided that the access occurs outside of
student instructional hours and the administrator, or the
administrator's designee, is present in the building during the
training sessions.

(F)
The director of public safety, in consultation with representatives
from the education community and in accordance with Chapter 119. of
the Revised Code, shall adopt rules regarding emergency management
plans under this section, including the content of the plans and
procedures for filing the plans. The rules shall specify that plans
and information required under division (B) of this section be
submitted on standardized forms developed by the director for such
purpose. The rules shall also specify the requirements and procedures
for emergency management tests conducted pursuant to division (E)(1)
of this section. Failure to comply with the rules may result in
discipline pursuant to section 3319.31 of the Revised Code or any
other action against the administrator as prescribed by rule.

(G)
Division (B) of section 3319.31 of the Revised Code applies to any
administrator who is subject to the requirements of this section and
is not exempt under division (H) of this section and who is an
applicant for a license or holds a license from the state board of
education pursuant to section 3319.22 of the Revised Code.

(H)(1)
The director may exempt any administrator from the requirements of
this section, if the director determines that the requirements do not
otherwise apply to a building or buildings under the control of that
administrator.

(2)
The director shall exempt from the requirements of this section the
administrator of an online learning school, established under section
3302.42 of the Revised Code, unless students of that school
participate in in-person instruction or assessments at a location
that is not covered by an existing emergency management plan,
developed under this section as of December 14, 2021.

(I)
Copies of the emergency management plan, including all records
related to the plan, emergency management tests, and information
required under division (B) of this section are security records and
are not public records pursuant to section 149.433 of the Revised
Code. In addition, the information posted to the contact and
information management system, pursuant to division (C)(3)(b) of this
section, is exempt from public disclosure or release in accordance
with sections 149.43, 149.433, and 5502.03 of the Revised Code.

Notwithstanding
section 149.433 of the Revised Code, a floor plan filed with the
attorney general pursuant to this section is not a public record to
the extent it is a record kept by the attorney general.

Sec.
5502.29.
(A)
As used in this section, "political subdivision" has the
same meaning as in section 5502.41 of the Revised Code.

(B)
Political subdivisions, in collaboration with other public and
private agencies within this state, may develop mutual assistance or
aid agreements for reciprocal emergency management assistance or aid
for purposes of preparing for, responding to, and recovering from an
incident, disaster, exercise, training activity, planned event, or
emergency, any of which requires additional resources. In time of any
incident, disaster, exercise, training activity, planned event, or
emergency, any of which requires additional resources, each political
subdivision may render assistance in accordance with such mutual
assistance or aid agreements. Such mutual assistance or aid
agreements shall not in any manner relieve the chief elected official
of any political subdivision of the responsibility for providing
emergency management.

(C)
Political subdivisions, in collaboration with political subdivisions
in adjacent states, may develop agreements for mutual assistance or
aid for purposes of preparing for, responding to, and recovering from
an incident, disaster, exercise, training activity, planned event, or
emergency, any of which requires additional resources. Each political
subdivision may render assistance in accordance with the mutual
assistance or aid agreements. A mutual assistance or aid agreement
with political subdivisions in adjacent states shall be approved by
the chief elected officials of the agreeing political subdivisions or
their designees and shall be prepared in accordance with the laws,
regulations, ordinances, and resolutions applicable to the agreeing
political subdivisions.

(D)
When engaged in preparation for, response to, or recovery from an
incident, disaster, exercise, training activity, planned event, or
emergency, any of which requires additional resources, and in
accordance with the applicable mutual assistance or aid agreement,
personnel from political subdivisions outside this state shall be
permitted to provide services within this state in accordance with
this section and the terms of the mutual assistance or aid agreement.

(E)
Personnel of the responding political subdivision shall continue
under their local command and control structure, but shall be under
the operational control of the appropriate officials within the
incident management system of the political subdivision receiving the
assistance or aid.

(F)
Nothing in this section shall be construed to prohibit a private
company or its employees from participating in the provision of
mutual assistance or aid, if the responding political subdivision
approves the participation and the contract between the political
subdivision and the private company permits the participation.

(G)
Nothing in this section shall be construed to prohibit personnel of
political subdivisions in this state from responding to a request for
mutual assistance or aid resulting from an incident, disaster,
exercise, training activity, planned event, or emergency, any of
which requires additional resources, when the personnel are
responding as part of a regional response team that is under the
operational control of the incident command structure.

(H)
Whenever a person from outside this state who is subject to a mutual
assistance or aid agreement authorized by this section holds a
license, certificate, or other permit issued by any state evidencing
qualification for professional, mechanical, or other skills, such
license, certificate, or other permit shall be recognized by this
state as authorizing the person to render assistance or aid in this
state involving such skill to meet the request for assistance or aid,
so long as the person is acting within the scope of the person's
license, certificate, or other permit.

(I)

Personnel

(1)
Except as provided in division (I)(2) of this section, personnel

rendering
assistance or aid pursuant to a mutual assistance or aid agreement
authorized by this section remain employees or agents of their
respective political subdivisions, including for purposes of tort
liability and immunity from tort liability, and nothing in this
section or any mutual assistance or aid agreement entered into
pursuant to this section creates an employment relationship between
the political subdivision requesting aid and the employees or agents
of the political subdivision rendering aid.

(2)
For purposes of Chapters 4121. and 4123. of the Revised Code,
personnel rendering intrastate mutual assistance or aid outside their
respective political subdivisions pursuant to a mutual assistance or
aid agreement authorized by this section shall be considered
employees of the emergency management agency established within the
department of public safety while rendering such intrastate mutual
assistance or aid.

(J)
Responding political subdivisions and the personnel of that political
subdivision, while rendering assistance or aid under this section, or
while in route to or from rendering assistance or aid under this
section, in a political subdivision in an adjacent state under an
agreement authorized by this section, shall be deemed to be
exercising governmental functions as defined in section 2744.01 of
the Revised Code, shall have the defenses to and immunities from
civil liability provided in sections 2744.02 and 2744.03 of the
Revised Code, and shall be entitled to all applicable limitations on
recoverable damages under section 2744.05 of the Revised Code.

(K)
All pension, disability, death benefits, workers' compensation, and
other benefits enjoyed by personnel rendering interstate or
intrastate mutual assistance or aid shall extend to the services they
perform outside their respective political subdivisions to the same
extent as while acting within the boundaries of the political
subdivisions, and
,
subject to division (I)(2) of this section,

personnel are entitled to the rights and benefits of Chapter 4123.
of
the Revised Code

to the same extent as while performing service within the boundaries
of the political subdivisions.

Sec.
5502.30.
(A)
The state, any political subdivision, any municipal agency, any
emergency management volunteer, another state, or an emergency
management agency thereof or of the federal government or of another
country or province or subdivision thereof performing emergency
management services in this state pursuant to an arrangement,
agreement, or compact for mutual aid and assistance, or any agency,
member, agent, or representative of any of them, or any individual,
partnership, corporation, association, trustee, or receiver, or any
of the agents thereof, in good faith carrying out, complying with, or
attempting to comply with any state or federal law or any
arrangement, agreement, or compact for mutual aid and assistance, or
any order issued by federal or state military authorities relating to
emergency management, is not liable for any injury to or death of
persons or damage to property as the result thereof during training
periods, test periods, practice periods, or other emergency
management operations, or false alerts, as well as during any hazard,
actual or imminent, and subsequent to the same except in cases of
willful misconduct. As used in this division, "emergency
management volunteer" means only an individual who is authorized
to assist any agency performing emergency management during a hazard.

(B)
The state, any political subdivision, any individual, partnership,
corporation, association, trustee, or receiver, or any agent, agency,
representative, officer, or employee of any of them that owns,
maintains, occupies, operates, or controls all or part of any
building, structure, or premises shall not be liable for any injury
or death sustained by any person or damage caused to any property
while that person or property is in the building, structure, or
premises for duty, training, or shelter purposes during a hazard,
drill, test, or false warning, or is entering therein for such
purposes or departing therefrom, or for any injury, death, or
property damage as the result of any condition in or on the building,
structure, or premises or of any act or omission with respect
thereto, except a willful act intended to cause injury or damage.

(C)
Any
person
deployed by the emergency management agency to render aid in another
state pursuant to section 5502.40 of the Revised Code, including a
full-time or part-time paid
employee
of a political subdivision of this state

or
a nonprofit organization, a paid or unpaid volunteer of a for-profit
or nonprofit organization, and a health care worker of a for-profit
or nonprofit organization,

that is rendering aid in another state is considered an officer or
employee of the state for purposes of the immunity established under
Article VI of the emergency management assistance compact enacted
under section 5502.40 of the Revised Code. Nothing in this division
entitles
an
employee of a political subdivision
any
person deployed pursuant to section 5502.40 of the Revised Code
to
any other right or benefit of a state

officer
or

employee.

(D)
This section does not affect the right of any person to receive
benefits to which the person may be entitled under Chapter 4123. of
the Revised Code or any pension law, nor the rights of any person to
receive any benefits or compensation under any act of congress or
under any law of this state.

Sec.
5502.41.
(A)
As used in this section:

(1)
"Chief executive of a participating political subdivision"
means the elected chief executive of a participating political
subdivision or, if the political subdivision does not have an elected
chief executive, a member of the political subdivision's governing
body or an employee of the political subdivision appointed by the
governing body's members to be its representative for purposes of the
intrastate mutual aid program created pursuant to this section.

(2)
"Countywide emergency management agency" means a countywide
emergency management agency established under section 5502.26 of the
Revised Code.

(3)
"Emergency" means any period during which the congress of
the United States, a chief executive as defined in section 5502.21 of
the Revised Code, or a chief executive of a participating political
subdivision has declared or proclaimed that an emergency exists.

(4)
"Participating political subdivision" means each political
subdivision in this state except a political subdivision that enacts
or adopts, by appropriate legislation, ordinance, resolution, rule,
bylaw, or regulation signed by its chief executive, a decision not to
participate in the intrastate mutual aid program created by this
section and that provides a copy of the legislation, ordinance,
resolution, rule, bylaw, or regulation to the state emergency
management agency and to the countywide emergency management agency,
regional authority for emergency management, or program for emergency
management within the political subdivision.

(5)
"Planned event" means a scheduled nonemergency activity as
defined by the national incident management system adopted under
section 5502.28 of the Revised Code as the state's standard procedure
for incident management. "Planned event" includes, but is
not limited to, a sporting event, concert, or parade.

(6)
"Political subdivision" or "subdivision" has the
same meaning as in section 2744.01 of the Revised Code and also
includes a health district established under Chapter 3709. of the
Revised Code.

(7)
"Program for emergency management within a political
subdivision" means a program for emergency management created by
a political subdivision under section 5502.271 of the Revised Code.

(8)
"Regional authority for emergency management" means a
regional authority for emergency management established under section
5502.27 of the Revised Code.

(9)
"Regional response team" means a group of persons from
participating political subdivisions who provide mutual assistance or
aid in preparation for, response to, or recovery from an incident,
disaster, exercise, training activity, planned event, or emergency,
any of which requires additional resources. "Regional response
team" includes, but is not limited to, an incident management
team, hazardous materials response team, water rescue team, bomb
team, or search and rescue team.

(B)
There is hereby created the intrastate mutual aid program to be known
as "the intrastate mutual aid compact" to complement
existing mutual aid agreements. The program shall have two purposes:

(1)
Provide for mutual assistance or aid among the participating
political subdivisions for purposes of preparing for, responding to,
and recovering from an incident, disaster, exercise, training
activity, planned event, or emergency, any of which requires
additional resources;

(2)
Establish a method by which a participating political subdivision may
seek assistance or aid that resolves many of the common issues facing
political subdivisions before, during, and after an incident,
disaster, exercise, training activity, planned event, or emergency,
any of which requires additional resources, and that ensures, to the
extent possible, eligibility for available state and federal disaster
assistance or other funding.

(C)
Each countywide emergency management agency, regional authority for
emergency management, and program for emergency management within a
political subdivision, in coordination with all departments,
divisions, boards, commissions, agencies, and other instrumentalities
within that political subdivision, shall establish procedures or
plans that, to the extent possible, accomplish both of the following:

(1)
Identify hazards that potentially could affect the participating
political subdivisions served by that agency, authority, or program;

(2)
Identify and inventory the current services, equipment, supplies,
personnel, and other resources related to the preparedness, response,
and recovery activities of the participating political subdivisions
served by that agency, authority, or program.

(D)(1)
The executive director of the state emergency management agency shall
coordinate with the countywide emergency management agencies,
regional authorities for emergency management, and programs for
emergency management within a political subdivision in identifying
and formulating appropriate procedures or plans to resolve resource
shortfalls.

(2)
During and after the formulation of the procedures or plans to
resolve resource shortfalls, there shall be ongoing consultation and
coordination among the executive director of the state emergency
management agency; the countywide emergency management agencies,
regional authorities for emergency management, and programs for
emergency management within a political subdivision; and all
departments, divisions, boards, commissions, agencies, and other
instrumentalities of, and having emergency response functions within,
each participating political subdivision, regarding this section,
local procedures and plans, and the resolution of the resource
shortfalls.

(E)(1)
A participating political subdivision that is impacted by an
incident, disaster, exercise, training activity, planned event, or
emergency, any of which requires additional resources, may request
mutual assistance or aid by doing either of the following:

(a)
Declaring a state of emergency and issuing a request for assistance
or aid from any other participating political subdivision;

(b)
Issuing to another participating political subdivision a verbal or
written request for assistance or aid. If the request is made
verbally, a written confirmation of the request shall be made not
later than seventy-two hours after the verbal request is made.

(2)
Requests for assistance or aid made under division (E)(1) of this
section shall be made through the emergency management agency of a
participating political subdivision or an official designated by the
chief executive of the participating political subdivision from which
the assistance or aid is requested and shall provide the following
information:

(a)
A description of the incident, disaster, exercise, training activity,
planned event, or emergency;

(b)
A description of the assistance or aid needed;

(c)
An estimate of the length of time the assistance or aid will be
needed;

(d)
The specific place and time for staging of the assistance or aid and
a point of contact at that location.

(F)
A participating political subdivision shall provide assistance or aid
to another participating political subdivision that is impacted by an
incident, disaster, exercise, training activity, planned event, or
emergency, any of which requires additional resources. The provision
of the assistance or aid is subject to the following conditions:

(1)
The responding political subdivision may withhold resources necessary
to provide for its own protection.

(2)
Personnel of the responding political subdivision shall continue
under their local command and control structure, but shall be under
the operational control of the appropriate officials within the
incident management system of the participating political subdivision
receiving assistance or aid.

(3)
Responding law enforcement officers acting pursuant to this section
have the same authority to enforce the law as when acting within the
territory of their regular employment.

(4)
For purposes of Chapters 4121. and 4123. of the Revised Code,
personnel of the responding political subdivision shall be considered
employees of the emergency management agency established within the
department of public safety while rendering mutual assistance or aid
to the participating political subdivision.

(G)(1)
Nothing in this section shall do any of the following:

(a)
Alter the duties and responsibilities of emergency response
personnel;

(b)
Prohibit a private company from participating in the provision of
mutual assistance or aid pursuant to the compact created pursuant to
this section if the participating political subdivision approves the
participation and the contract with the private company allows for
the participation;

(c)
Prohibit employees of participating political subdivisions from
responding to a request for mutual assistance or aid precipitated by
an incident, disaster, exercise, training activity, planned event, or
emergency, any of which requires additional resources, when the
employees are responding as part of a regional response team that is
under the operational control of the incident command structure;

(d)
Authorize employees of participating political subdivisions to
respond to an incident, disaster, exercise, training activity,
planned event, or emergency, any of which requires additional
resources, without a request from a participating political
subdivision.

(2)
This section does not preclude a participating political subdivision
from entering into a mutual aid or other agreement with another
political subdivision, and does not affect any other agreement to
which a participating political subdivision may be a party, or any
request for assistance or aid that may be made, under any other
section of the Revised Code, including, but not limited to, any
mutual aid arrangement under this chapter, any fire protection or
emergency medical services contract under section 9.60 of the Revised
Code, sheriffs' requests for assistance to preserve the public peace
and protect persons and property under section 311.07 of the Revised
Code, any agreement for mutual assistance or aid in police protection
under section 737.04 of the Revised Code, any agreement for law
enforcement services between universities and colleges and political
subdivisions under section 3345.041 or 3345.21 of the Revised Code,
and mutual aid agreements among emergency planning districts for
hazardous substances or chemicals response under sections 3750.02 and
3750.03 of the Revised Code.

(H)(1)

Personnel

Subject
to division (F)(4) of this section, personnel
of
a responding participating political subdivision who suffer injury or
death in the course of, and arising out of, their employment while
rendering assistance or aid under this section to another
participating political subdivision are entitled to all applicable
benefits under Chapters 4121. and 4123. of the Revised Code.

(2)
Personnel of a responding participating political subdivision shall
be considered, while rendering assistance or aid under this section
in another participating political subdivision, to be agents of the
responding political subdivision for purposes of tort liability and
immunity from tort liability under the law of this state.

(3)(a)
A responding participating political subdivision and the personnel of
that political subdivision, while rendering assistance or aid under
this section, or while in route to or from rendering assistance or
aid under this section, in another participating political
subdivision, shall be deemed to be exercising governmental functions
as defined in section 2744.01 of the Revised Code, shall have the
defenses to and immunities from civil liability provided in sections
2744.02 and 2744.03 of the Revised Code, and shall be entitled to all
applicable limitations on recoverable damages under section 2744.05
of the Revised Code.

(b)
A participating political subdivision requesting assistance or aid
and the personnel of that political subdivision, while requesting or
receiving assistance or aid under this section from any other
participating political subdivision, shall be deemed to be exercising
governmental functions as defined in section 2744.01 of the Revised
Code, shall have the defenses to and immunities from civil liability
provided in sections 2744.02 and 2744.03 of the Revised Code, and
shall be entitled to all applicable limitations on recoverable
damages under section 2744.05 of the Revised Code.

(I)
If a person holds a license, certificate, or other permit issued by a
participating political subdivision evidencing qualification in a
professional, mechanical, or other skill, and if the assistance or
aid of that person is asked for under this section by a participating
political subdivision, the person shall be deemed to be licensed or
certified in or permitted by the participating political subdivision
receiving the assistance or aid to render the assistance or aid,
subject to any limitations and conditions the chief executive of the
participating political subdivision receiving the assistance or aid
may prescribe by executive order or otherwise.

(J)(1)
Subject to division (K) of this section and except as provided in
division (J)(2) of this section, any participating political
subdivision rendering assistance or aid under this section in another
participating political subdivision shall be reimbursed by the
participating political subdivision receiving the assistance or aid
for any loss or damage to, or expense incurred in the operation of,
any equipment used in rendering the assistance or aid, for any
expense incurred in the provision of any service used in rendering
the assistance or aid, and for all other costs incurred in responding
to the request for assistance or aid. To avoid duplication of
payments, insurance proceeds available to cover any loss or damage to
equipment of a participating political subdivision rendering
assistance or aid shall be considered in the reimbursement by the
participating political subdivision receiving the assistance or aid.

(2)
A participating political subdivision rendering assistance or aid
under this section to another participating political subdivision
shall not be reimbursed for
either
of
the

following:

(a)
The
first
eight hours of mutual assistance or aid it provides to the political
subdivision receiving the assistance or aid
;

(b)
Expenses the participating political subdivision incurs under
division (H)(1) of this section
.

(K)
A participating political subdivision rendering assistance or aid
under this section may do any of the following:

(1)
Assume, in whole or in part, any loss, damage, expense, or cost the
political subdivision incurs in rendering the assistance or aid;

(2)
Loan, without charge, any equipment, or donate any service, to the
political subdivision receiving the assistance or aid;

(3)
Enter into agreements with one or more other participating political
subdivisions to establish different allocations of losses, damages,
expenses, or costs among such political subdivisions.

Sec.
5503.02.
(A)
The state highway patrol shall enforce the laws of the state relating
to the titling, registration, and licensing of motor vehicles;
enforce on all roads and highways, notwithstanding section 4513.39 of
the Revised Code, the laws relating to the operation and use of
vehicles on the highways; enforce and prevent the violation of the
laws relating to the size, weight, and speed of commercial motor
vehicles and all laws designed for the protection of the highway
pavements and structures on the highways; investigate and enforce
rules and laws of the public utilities commission governing the
transportation of persons and property by motor carriers and report
violations of such rules and laws to the commission; enforce against
any motor carrier as defined in section 4923.01 of the Revised Code
those rules and laws that, if violated, may result in a forfeiture as
provided in section 4923.99 of the Revised Code; investigate and
report violations of all laws relating to the collection of excise
taxes on motor vehicle fuels; and regulate the movement of traffic on
the roads and highways of the state, notwithstanding section 4513.39
of the Revised Code.

The
patrol, whenever possible, shall determine the identity of the
persons who are causing or who are responsible for the breaking,
damaging, or destruction of any improved surfaced roadway, structure,
sign, marker, guardrail, or other appurtenance constructed or
maintained by the department of transportation and shall arrest the
persons who are responsible for the breaking, damaging, or
destruction and bring them before the proper officials for
prosecution.

State
highway patrol troopers shall investigate and report all motor
vehicle accidents on all roads and highways outside of municipal
corporations. The superintendent of the patrol or any state highway
patrol trooper may arrest, without a warrant, any person, who is the
driver of or a passenger in any vehicle operated or standing on a
state highway, whom the superintendent or trooper has reasonable
cause to believe is guilty of a felony, under the same circumstances
and with the same power that any peace officer may make such an
arrest.

The
superintendent or any state highway patrol trooper may enforce the
criminal laws on all state properties and state institutions, owned
or leased by the state, and, when so ordered by the governor in the
event of riot, civil disorder, or insurrection, may, pursuant to
sections 2935.03 to 2935.05 of the Revised Code, arrest offenders
against the criminal laws wherever they may be found within the state
if the violations occurred upon, or resulted in injury to person or
property on, state properties or state institutions, or under the
conditions described in division (B) of this section. This authority
of the superintendent and any state highway patrol trooper to enforce
the criminal laws shall extend to the Lake Erie Correctional
Institution and the Northeast Ohio Correctional Center, to the same
extent as if those prisons were owned by this state.

(B)
In the event of riot, civil disorder, or insurrection, or the
reasonable threat of riot, civil disorder, or insurrection, and upon
request, as provided in this section, of the sheriff of a county or
the mayor or other chief executive of a municipal corporation, the
governor may order the state highway patrol to enforce the criminal
laws within the area threatened by riot, civil disorder, or
insurrection, as designated by the governor, upon finding that law
enforcement agencies within the counties involved will not be
reasonably capable of controlling the riot, civil disorder, or
insurrection and that additional assistance is necessary. In cities
in which the sheriff is under contract to provide exclusive police
services pursuant to section 311.29 of the Revised Code, in villages,
and in the unincorporated areas of the county, the sheriff has
exclusive authority to request the use of the patrol. In cities in
which the sheriff does not exclusively provide police services, the
mayor, or other chief executive performing the duties of mayor, has
exclusive authority to request the use of the patrol.

The
superintendent or any state highway patrol trooper may enforce the
criminal laws within the area designated by the governor during the
emergency arising out of the riot, civil disorder, or insurrection
until released by the governor upon consultation with the requesting
authority. State highway patrol troopers shall never be used as peace
officers in connection with any strike or labor dispute.

When
a request for the use of the patrol is made pursuant to this
division, the requesting authority shall notify the law enforcement
authorities in contiguous communities and the sheriff of each county
within which the threatened area, or any part of the threatened area,
lies of the request, but the failure to notify the authorities or a
sheriff shall not affect the validity of the request.

(C)
Any person who is arrested by the superintendent or a state highway
patrol trooper shall be taken before any court or magistrate having
jurisdiction of the offense with which the person is charged. Any
person who is arrested or apprehended within the limits of a
municipal corporation shall be brought before the municipal court or
other tribunal of the municipal corporation.

(D)(1)
State highway patrol troopers have the same right and power of search
and seizure as other peace officers.

No
state official shall command, order, or direct any state highway
patrol trooper to perform any duty or service that is not authorized
by law. The powers and duties conferred on the patrol are
supplementary to, and in no way a limitation on, the powers and
duties of sheriffs or other peace officers of the state.

(2)(a)
A state highway patrol trooper, pursuant to the policy established by
the superintendent of the state highway patrol under division
(D)(2)(b) of this section, may render emergency assistance to any
other peace officer who has arrest authority under section 2935.03 of
the Revised Code, if both of the following apply:

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

(ii)
Either the peace officer requests emergency assistance, or it appears
that the peace officer is unable to request emergency assistance and
the circumstances observed by the state highway patrol trooper
reasonably indicate that emergency assistance is appropriate, or the
peace officer requests emergency assistance and in the request the
peace officer specifies a particular location and the state highway
patrol trooper arrives at that location prior to the time that the
peace officer arrives at that location and the circumstances observed
by the state highway patrol trooper reasonably indicate that
emergency assistance is appropriate.

(b)
The superintendent of the state highway patrol shall establish,
within sixty days of August 8, 1991, a policy that sets forth the
manner and procedures by which a state highway patrol trooper may
render emergency assistance to any other peace officer under division
(D)(2)(a) of this section. The policy shall include a provision that
a state highway patrol trooper never be used as a peace officer in
connection with any strike or labor dispute.

(3)(a)
A state highway patrol trooper who renders emergency assistance to
any other peace officer under the policy established by the
superintendent pursuant to division (D)(2)(b) of this section shall
be considered to be performing regular employment for the purposes of
compensation, pension, indemnity fund rights, workers' compensation,
and other rights or benefits to which the trooper may be entitled as
incident to regular employment.

(b)
A state highway patrol trooper who renders emergency assistance to
any other peace officer under the policy established by the
superintendent pursuant to division (D)(2)(b) of this section retains
personal immunity from liability as specified in section 9.86 of the
Revised Code.

(c)
A state highway patrol trooper who renders emergency assistance under
the policy established by the superintendent pursuant to division
(D)(2)(b) of this section has the same authority as the peace officer
for or with whom the state highway patrol trooper is providing
emergency assistance.

(E)(1)
Subject to the availability of funds specifically appropriated by the
general assembly for security detail purposes, the state highway
patrol shall provide security as follows:

(a)
For the governor;

(b)
At the direction of the governor, for other officials of the state
government of this state; officials of the state governments of other
states who are visiting this state; officials of the United States
government who are visiting this state; officials of the governments
of foreign countries or their political subdivisions who are visiting
this state; or other officials or dignitaries who are visiting this
state, including, but not limited to, members of trade missions;

(c)
For the capitol square, as defined in section 105.41 of the Revised
Code;

(d)
For the Vern Riffe center and the James A. Rhodes state office tower,
as directed by the department of public safety;

(e)
For other state property.

(2)
To carry out the security responsibilities of the patrol listed in
division (E)(1) of this section, the superintendent may assign state
highway patrol troopers to a separate unit that is responsible for
security details. The number of troopers assigned to particular
security details shall be determined by the superintendent.

(3)
The superintendent and any state highway patrol trooper, when
providing security pursuant to division
(E)(1)(a)
or (b)
(E)(1)

of this section, have the same arrest powers as other peace officers
to apprehend offenders against the criminal laws who endanger or
threaten the security of any person
or
state property
being
protected

under
division (E) of this section
,
no matter where the offense occurs.

This
arrest authority is concurrent with that of any other peace officer,
as defined in section 2935.01 of the Revised Code, or any other law
enforcement officer, as defined in section 2901.01 of the Revised
Code, with jurisdiction at the respective location.

The
superintendent, any state highway patrol trooper, and any special
police officer designated under section 5503.09 of the Revised Code,
if providing security pursuant to division (E)(1)(c) of this section,
shall enforce any rules governing capitol square adopted by the
capitol square review and advisory board.

(F)
The governor may order the state highway patrol to undertake major
criminal investigations that involve state property interests. If an
investigation undertaken pursuant to this division results in either
the issuance of a no bill or the filing of an indictment, the
superintendent shall file a complete and accurate report of the
investigation with the president of the senate, the speaker of the
house of representatives, the minority leader of the senate, and the
minority leader of the house of representatives within fifteen days
after the issuance of the no bill or the filing of an indictment. If
the investigation does not have as its result any prosecutorial
action, the superintendent shall, upon reporting this fact to the
governor, file a complete and accurate report of the investigation
with the president of the senate, the speaker of the house of
representatives, the minority leader of the senate, and the minority
leader of the house of representatives.

(G)
The superintendent may purchase or lease real property and buildings
needed by the patrol, negotiate the sale of real property owned by
the patrol, rent or lease real property owned or leased by the
patrol, and make or cause to be made repairs to all property owned or
under the control of the patrol. Any instrument by which real
property is acquired pursuant to this division shall identify the
agency of the state that has the use and benefit of the real property
as specified in section 5301.012 of the Revised Code.

Sections
123.01 and 125.02 of the Revised Code do not limit the powers granted
to the superintendent by this division.

Sec.
5505.045.
(A)
No person shall knowingly fail to file a complete and accurate
campaign finance statement or independent expenditure statement in
accordance with section 5505.044 of the Revised Code.

(B)
No person, during the course of a person seeking nomination for, and
during any campaign for, election to the state highway patrol
retirement board, shall knowingly and with intent to affect the
nomination or the outcome of the campaign do any of the following by
means of campaign materials, an advertisement on radio or television
or in a newspaper or periodical, a public speech, press release, or
otherwise:

(1)
With regard to a candidate, identify the candidate in a manner that
implies that the candidate is a member of the board or use the term
"re-elect" when the candidate is not currently a member of
the board;

(2)
Make a false statement concerning the formal schooling or training
completed or attempted by a candidate; a degree, diploma,
certificate, scholarship, grant, award, prize, or honor received,
earned, or held by a candidate; or the period of time during which a
candidate attended any school, college, community technical school,
or institution;

(3)
Make a false statement concerning the professional, occupational, or
vocational licenses held by a candidate, or concerning any position
the candidate held for which the candidate received a salary or
wages;

(4)
Make a false statement that a candidate or board member has been
indicted or convicted of a theft offense, extortion, or other crime
involving financial corruption or moral turpitude;

(5)
Make a statement that a candidate has been indicted for any crime or
has been the subject of a finding by the Ohio elections commission
,
the secretary of state, or the Ohio election integrity commission

without disclosing the outcome of any legal proceedings resulting
from the indictment or finding;

(6)
Make a false statement that a candidate or board member has a record
of treatment or confinement for mental disorder;

(7)
Make a false statement that a candidate or board member has been
subjected to military discipline for criminal misconduct or
dishonorably discharged from the armed services;

(8)
Falsely identify the source of a statement, issue statements under
the name of another person without authorization, or falsely state
the endorsement of or opposition to a candidate by a person or
publication;

(9)
Make a false statement concerning the voting record of a candidate or
board member;

(10)
Post, publish, circulate, distribute, or otherwise disseminate a
false statement concerning a candidate, either knowing the same to be
false or with reckless disregard of whether it was false or not, if
the statement is designed to promote the election, nomination, or
defeat of the candidate.

Sec.
5505.046.
The
secretary of state, or any person acting on personal knowledge and
subject to the penalties of perjury, may file a
A

complaint

with
the Ohio elections commission
alleging
a violation of section 5505.045 of the Revised Code

may
be filed in accordance with section 3517.16 of the Revised Code
.

The
complaint shall be made on a form prescribed and provided by the
commission.

On
receipt of a complaint under this section, the commission shall hold
a hearing open to the public to determine whether the violation
alleged in the complaint has occurred. The commission may administer
oaths and issue subpoenas to any person in the state compelling the
attendance of witnesses and the production of relevant papers, books,
accounts, and reports. On the refusal of any person to obey a
subpoena or to be sworn or to answer as a witness, the commission may
apply to the court of common pleas of Franklin county under section
2705.03 of the Revised Code. The court shall hold contempt
proceedings in accordance with Chapter 2705. of the Revised Code.

The
commission shall provide the person accused of the violation at least
seven days prior notice of the time, date, and place of the hearing.
The accused may be represented by an attorney and shall have an
opportunity to present evidence, call witnesses, and cross-examine
witnesses.

At
the hearing, the commission shall determine whether the violation
alleged in the complaint has occurred. If the commission determines
that a violation of division (A) of section 5505.045 of the Revised
Code has occurred, the commission shall either impose a fine under
section 5505.99 of the Revised Code or enter a finding that good
cause has been shown not to impose the fine. If the commission
determines that a violation of division (B) of section 5505.045 of
the Revised Code has occurred, the commission shall impose the fine
described in section 5505.99 of the Revised Code, refer the matter to
the appropriate prosecutor, or enter a finding that good cause has
been shown to not impose a fine or refer the matter to the
appropriate prosecutor.

Sec.
5505.99.
(A)
Whoever violates division (A) of section 5505.045 of the Revised Code
shall be fined not more than one hundred dollars for each day of the
violation.

(B)
Whoever violates division (B) of section 5505.045 of the Revised Code
shall be imprisoned for not more than six months or fined not more
than five thousand dollars, or both.

(C)
Fines imposed by the Ohio elections commission under this section
shall be paid into the Ohio elections commission fund created under
section 3513.10 of the Revised Code.

Sec.
5525.03.
(A)
All prospective bidders other than environmental remediators and
specialty contractors for which there are no classes of work provided
for in the rules adopted by the director of transportation shall
apply for qualification on forms prescribed and furnished by the
director.

The
application shall be accompanied by a certificate of compliance with
affirmative action programs issued pursuant to section 9.47 of the
Revised Code and dated no earlier than one hundred eighty days before
the date fixed for the award of the contract for a particular
project.

(B)
The director shall act upon an application for qualification within
thirty days after it is presented to the director. Upon the receipt
of any application for qualification, the director shall examine the
application to determine whether the applicant is competent and
responsible and possesses the financial resources required by section
5525.04 of the Revised Code. If the applicant is found to possess the
qualifications prescribed by sections 5525.02 to 5525.09 of the
Revised Code and by rules adopted by the director,
including
a certificate of compliance with affirmative action programs,

a certificate of qualification shall be issued to the applicant,
which shall be valid for the period of one year or such shorter
period of time as the director prescribes, unless revoked by the
director for cause as defined by rules adopted by the director under
section 5525.05 of the Revised Code.

(C)
The certificate of qualification shall contain a statement fixing the
aggregate amount of work, for any or all owners, that the applicant
may have under construction and uncompleted at any one time and may
contain a statement limiting such bidder to the submission of bids
upon a certain class of work. Subject to any restriction as to amount
or class of work therein contained, the certificate of qualification
shall authorize its holder to bid on all work on which bids are taken
by the department of transportation during the period of time therein
specified.

(D)
An applicant who has received a certificate of qualification and
desires to amend the certificate by the dollar amount or by the
classes of work may submit to the director such documentation as the
director considers appropriate. The director shall review the
documentation submitted by the applicant and, within fifteen days,
shall either amend the certificate of qualification or deny the
request. If the director denies the request to amend the certificate,
the applicant may appeal that decision to the director's
prequalification review board in accordance with section 5525.07 of
the Revised Code. Two or more persons, partnerships, or corporations
may bid jointly on any one project, but only on condition that prior
to the time bids are taken on the project the bidders make a joint
application for qualification and obtain a joint certificate
qualification.

(E)
The director may debar from participating in future contracts with
the department any bidding company as well as any partner of a
partnership, or the officers and directors of an association or
corporation if the certificate of qualification of the company,
partnership, association, or corporation is revoked or not renewed by
the director. When the director reasonably believes that grounds for
revocation and debarment exist, the director shall send the bidding
company and any individual involved a notice of proposed revocation
and debarment indicating the grounds for such action as established
in rules adopted by the director under section 5525.05 of the Revised
Code and the procedure for requesting a hearing. The notice and
hearing shall be in accordance with Chapter 119. of the Revised Code.
If the bidding company or individual does not respond with a request
for a hearing in the manner specified in Chapter 119. of the Revised
Code, the director shall revoke the certificate and issue the
debarment decision without a hearing and shall notify the bidding
company or individual of the decision by certified mail, return
receipt requested.

(F)
The debarment period may be of any length determined by the director
and the director may modify or rescind the debarment at any time.
During the period of debarment, the director shall not issue a
certificate of qualification for any company, partnership,
association, or corporation affiliated with a debarred individual.
After the debarment period expires, the bidding company or
individual, and any partnership, association, or corporation
affiliated with the individual may make an application for
qualification if such entity or individual is not otherwise debarred.

Sec.
5537.01.
As
used in this chapter:

(A)
"Commission" means the Ohio turnpike and infrastructure
commission created by section 5537.02 of the Revised Code or, if that
commission is abolished, the board, body, officer, or commission
succeeding to the principal functions thereof or to which the powers
given by this chapter to the commission are given by law.

(B)
"Turnpike project" means any express or limited access
highway, super highway, or motorway constructed, operated, or
improved, under the jurisdiction of the commission and pursuant to
this chapter
,
at a location or locations reviewed by the turnpike legislative
review committee

and approved by the governor, including all bridges, tunnels,
overpasses, underpasses, interchanges, entrance plazas, approaches,
those portions of connecting public roads that serve interchanges and
are determined by the commission and the director of transportation
to be necessary for the safe merging of traffic between the turnpike
project and those public roads, toll booths, service facilities, and
administration, storage, and other buildings, property, and
facilities that the commission considers necessary for the operation
or policing of the turnpike project, together with all property and
rights which may be acquired by the commission for the construction,
maintenance, or operation of the turnpike project, and includes any
sections or extensions of a turnpike project designated by the
commission as such for the particular purpose. Each turnpike project
shall be separately designated, by name or number, and may be
constructed, improved, or extended in such sections as the commission
may from time to time determine. Construction includes the
improvement and renovation of a previously constructed turnpike
project, including additional interchanges, whether or not the
turnpike project was initially constructed by the commission.

(C)
"Infrastructure project" means any public express or
limited access highway, super highway, or motorway, including all
bridges, tunnels, overpasses, underpasses, interchanges, entrance
plazas, approaches, and those portions of connecting public roads
that serve interchanges, that is constructed or improved, in whole or
in part, with infrastructure funding approved pursuant to criteria
established under section 5537.18 of the Revised Code.

(D)
"Cost," as applied to construction of a turnpike project or
an infrastructure project, includes the cost of construction,
including bridges over or under existing highways and railroads,
acquisition of all property acquired either by the commission or by
the owner of the infrastructure project for the construction,
demolishing or removing any buildings or structures on land so
acquired, including the cost of acquiring any lands to which the
buildings or structures may be moved, site clearance, improvement,
and preparation, diverting public roads, interchanges with public
roads, access roads to private property, including the cost of land
or easements therefor, all machinery, furnishings, and equipment,
communications facilities, financing expenses, interest prior to and
during construction and for one year after completion of
construction, traffic estimates, indemnity and surety bonds and
premiums on insurance, title work and title commitments, insurance,
and guarantees, engineering, feasibility studies, and legal expenses,
plans, specifications, surveys, estimates of cost and revenues, other
expenses necessary or incident to determining the feasibility or
practicability of constructing or operating a turnpike project or an
infrastructure project, administrative expenses, and any other
expense that may be necessary or incident to the construction of the
turnpike project or an infrastructure project, the financing of the
construction, and the placing of the turnpike project or an
infrastructure project in operation. Any obligation or expense
incurred by the department of transportation with the approval of the
commission for surveys, borings, preparation of plans and
specifications, and other engineering services in connection with the
construction of a turnpike project or an infrastructure project, or
by the federal government with the approval of the commission for any
public road projects which must be reimbursed as a condition to the
exercise of any of the powers of the commission under this chapter,
shall be regarded as a part of the cost of the turnpike project or an
infrastructure project and shall be reimbursed to the state or the
federal government, as the case may be, from revenues, state taxes,
or the proceeds of bonds as authorized by this chapter.

(E)
"Owner" includes all persons having any title or interest
in any property authorized to be acquired by the commission for
turnpike projects under this chapter, or the public entity for whom
an infrastructure project is funded, in whole or in part, by the
commission under this chapter.

(F)
"Revenues" means all tolls, service revenues, investment
income on special funds, rentals, gifts, grants, and all other moneys
coming into the possession of or under the control of the commission
by virtue of this chapter, except the proceeds from the sale of
bonds. "Revenues" does not include state taxes.

(G)
"Public roads" means all public highways, roads, and
streets in the state, whether maintained by a state agency or any
other governmental agency.

(H)
"Public utility facilities" means tracks, pipes, mains,
conduits, cables, wires, towers, poles, and other equipment and
appliances of any public utility.

(I)
"Financing expenses" means all costs and expenses relating
to the authorization, issuance, sale, delivery, authentication,
deposit, custody, clearing, registration, transfer, exchange,
fractionalization, replacement, payment, and servicing of bonds
including, without limitation, costs and expenses for or relating to
publication and printing, postage, delivery, preliminary and final
official statements, offering circulars, and informational
statements, travel and transportation, underwriters, placement
agents, investment bankers, paying agents, registrars, authenticating
agents, remarketing agents, custodians, clearing agencies or
corporations, securities depositories, financial advisory services,
certifications, audits, federal or state regulatory agencies,
accounting and computation services, legal services and obtaining
approving legal opinions and other legal opinions, credit ratings,
redemption premiums, and credit enhancement facilities.

(J)
"Bond proceedings" means the resolutions, trust agreements,
certifications, notices, sale proceedings, leases, lease-purchase
agreements, assignments, credit enhancement facility agreements, and
other agreements, instruments, and documents, as amended and
supplemented, or any one or more or any combination thereof,
authorizing, or authorizing or providing for the terms and conditions
applicable to, or providing for the security or sale or award or
liquidity of, bonds, and includes the provisions set forth or
incorporated in those bonds and bond proceedings.

(K)
"Bond service charges" means principal, including any
mandatory sinking fund or mandatory redemption requirements for the
retirement of bonds, and interest and any redemption premium payable
on bonds, as those payments come due and are payable to the
bondholder or to a person making payment under a credit enhancement
facility of those bond service charges to a bondholder.

(L)
"Bond service fund" means the applicable fund created by
the bond proceedings for and pledged to the payment of bond service
charges on bonds provided for by those proceedings, including all
moneys and investments, and earnings from investments, credited and
to be credited to that fund as provided in the bond proceedings.

(M)
"Bonds" means bonds, notes, including notes anticipating
bonds or other notes, commercial paper, certificates of
participation, or other evidences of obligation, including any
interest coupons pertaining thereto, issued by the commission
pursuant to this chapter.

(N)
"Infrastructure fund" means the applicable fund or funds
created by the bond proceedings, which shall be used to pay or defray
the cost of infrastructure projects recommended by the director of
transportation and evaluated and approved by the commission.

(O)
"Net revenues" means revenues lawfully available to pay
both current operating expenses of the commission and bond service
charges in any fiscal year or other specified period, less current
operating expenses of the commission and any amount necessary to
maintain a working capital reserve for that period.

(P)
"Pledged revenues" means net revenues, moneys and
investments, and earnings on those investments, in the applicable
bond service fund and any other special funds, and the proceeds of
any bonds issued for the purpose of refunding prior bonds, all as
lawfully available and by resolution of the commission committed for
application as pledged revenues to the payment of bond service
charges on particular issues of bonds.

(Q)
"Service facilities" means service stations, restaurants,
and other facilities for food service, roadside parks and rest areas,
parking, camping, tenting, rest, and sleeping facilities, hotels or
motels, and all similar and other facilities providing services to
the traveling public in connection with the use of a turnpike project
and owned, leased, licensed, or operated by the commission.

(R)
"Service revenues" means those revenues of the commission
derived from its ownership, leasing, licensing, or operation of
service facilities.

(S)
"Special funds" means the applicable bond service fund and
any accounts and subaccounts in that fund, any other funds or
accounts permitted by and established under, and identified as a
"special fund" or "special account" in, the bond
proceedings, including any special fund or account established for
purposes of rebate or other requirements under federal income tax
laws.

(T)
"State agencies" means the state, officers of the state,
and boards, departments, branches, divisions, or other units or
agencies of the state.

(U)
"State taxes" means receipts of the commission from the
proceeds of state taxes or excises levied and collected, or
appropriated by the general assembly to the commission, for the
purposes and functions of the commission. State taxes do not include
tolls, or investment earnings on state taxes except on those state
taxes referred to in Section 5a of Article XII, Ohio Constitution.

(V)
"Tolls" means tolls, special fees or permit fees, or other
charges by the commission to the owners, lessors, lessees, or
operators of motor vehicles for the operation of or the right to
operate those vehicles on a turnpike project.

(W)
"Credit enhancement facilities" means letters of credit,
lines of credit, standby, contingent, or firm securities purchase
agreements, insurance, or surety arrangements, guarantees, and other
arrangements that provide for direct or contingent payment of bond
service charges, for security or additional security in the event of
nonpayment or default in respect of bonds, or for making payment of
bond service charges and at the option and on demand of bondholders
or at the option of the commission or upon certain conditions
occurring under put or similar arrangements, or for otherwise
supporting the credit or liquidity of the bonds, and includes credit,
reimbursement, marketing, remarketing, indexing, carrying, interest
rate hedge, and subrogation agreements, and other agreements and
arrangements for payment and reimbursement of the person providing
the credit enhancement facility and the security for that payment and
reimbursement.

(X)
"Person" has the same meaning as in section 1.59 of the
Revised Code and, unless the context otherwise provides, also
includes any governmental agency and any combination of those
persons.

(Y)
"Refund" means to fund and retire outstanding bonds,
including advance refunding with or without payment or redemption
prior to stated maturity.

(Z)
"Governmental agency" means any state agency, federal
agency, political subdivision, or other local, interstate, or
regional governmental agency, and any combination of those agencies.

(AA)
"Property" has the same meaning as in section 1.59 of the
Revised Code, and includes interests in property.

(BB)
"Administrative agent," "agent," "commercial
paper," "floating rate interest structure," "indexing
agent," "interest rate hedge," "interest rate
period," "put arrangement," and "remarketing
agent" have the same meanings as in section 9.98 of the Revised
Code.

(CC)
"Outstanding," as applied to bonds, means outstanding in
accordance with the terms of the bonds and the applicable bond
proceedings.

(DD)
"Ohio turnpike system" or "system" means all
existing and future turnpike projects constructed, operated, and
maintained under the jurisdiction of the commission.

(EE)
"Ohio turnpike and infrastructure system" means turnpike
projects and infrastructure projects funded by the commission
existing on and after July 1, 2013, that facilitate access to, use
of, and egress from the Ohio turnpike system, and also facilitate
access to and from areas of population, commerce, and industry that
are connected to the Ohio turnpike system.

Sec.
5537.02.
(A)
There is hereby created a commission to be known on and after July 1,
2013, as the "Ohio turnpike and infrastructure commission."
The commission is a body both corporate and politic, constituting an
instrumentality of the state, and the exercise by it of the powers
conferred by this chapter in the construction, operation, and
maintenance of the Ohio turnpike system, and also in entering into
agreements with the department of transportation to pay the cost or a
portion of the costs of infrastructure projects, are and shall be
held to be essential governmental functions of the state. Chapter
2744. of the Revised Code applies to the commission and the
commission is a political subdivision of the state for purposes of
that chapter. The commission is subject to all provisions of law
generally applicable to state agencies which do not conflict with
this chapter.

(B)(1)
The commission shall consist of ten members as follows:

(a)
Six members appointed by the governor with the advice and consent of
the senate, no more than three of whom shall be members of the same
political party;

(b)
The director of transportation, or the director's designee, who shall
be a voting member, and the director of budget and management, or the
director's designee. The directors or their designees, as applicable,
shall serve as ex officio members, without compensation;

(c)
One member of the senate, appointed by the president of the senate
,
who shall represent either a district in which is located or through
which passes a portion of a turnpike project that is part of the Ohio
turnpike system or a district located in the vicinity of a turnpike
project that is part of the Ohio turnpike system
;

(d)
One member of the house of representatives, appointed by the speaker
of the house of representatives
,
who shall represent either a district in which is located or through
which passes a portion of a turnpike project that is part of the Ohio
turnpike system or a district located in the vicinity of a turnpike
project that is part of the Ohio turnpike system
.

(2)
The members appointed by the governor shall be residents of the
state, shall have been qualified electors therein for a period of at
least five years next preceding their appointment. In making the
appointments, the governor may appoint persons who reside in
different geographic areas of the state, taking into consideration
the various turnpike and infrastructure projects in the state.
Members appointed to the commission prior to July 1, 2013, shall
serve terms of eight years commencing on the first day of July and
ending on the thirtieth day of June. Thereafter, members appointed by
the governor shall serve terms of five years commencing on the first
day of July and ending on the thirtieth day of June. Those members
appointed by the president of the senate or the speaker of the house
of representatives shall serve a term of the remainder of the general
assembly during which the senator or representative is appointed.
Each appointed member shall hold office from the date of appointment
until the end of the term for which the member was appointed. If a
commission member dies or resigns, or if a senator or representative
who is a member of the commission ceases to be a senator or
representative, or if an ex officio member ceases to hold the
applicable office, the vacancy shall be filled in the same manner as
provided in division (B)(1) of this section. Any member who fills a
vacancy occurring prior to the end of the term for which the member's
predecessor was appointed shall, if appointed by the governor, hold
office for the remainder of such term or, if appointed by the
president of the senate or the speaker of the house of
representatives, shall hold office for the remainder of the term or
for a shorter period of time as determined by the president or the
speaker. Any member appointed by the governor shall continue in
office subsequent to the expiration date of the member's term until
the member's successor takes office, or until a period of sixty days
has elapsed, whichever occurs first. A member of the commission is
eligible for reappointment. Each member of the commission appointed
by the governor, before entering upon the member's duties, shall take
an oath as provided by Section 7 of Article XV, Ohio Constitution.
The governor, the president of the senate, or the speaker of the
house of representatives, may at any time remove their respective
appointees to the commission for misfeasance, nonfeasance, or
malfeasance in office.

(3)(a)
A member of the commission who is appointed by the president of the
senate or the speaker of the house of representatives shall not
participate in any vote of the commission. Serving as an appointed
member of the commission under divisions (B)(1)(c), (1)(d), or (2) of
this section does not constitute grounds for resignation from the
senate or the house of representatives under section 101.26 of the
Revised Code.

(b)
The director of budget and management shall not participate in any
vote of the commission.

(C)
The voting members of the commission shall elect one of the voting
members as chairperson and another as vice-chairperson, and shall
appoint a secretary-treasurer who need not be a member of the
commission. Four of the voting members of the commission constitute a
quorum, and the affirmative vote of four voting members is necessary
for any action taken by the commission. No vacancy in the membership
of the commission impairs the rights of a quorum to exercise all the
rights and perform all the duties of the commission.

(D)
Each member of the commission appointed by the governor shall give a
surety bond to the commission in the penal sum of twenty-five
thousand dollars and the secretary-treasurer shall give such a bond
in at least the penal sum of fifty thousand dollars. The commission
may require any of its officers or employees to file surety bonds
including a blanket bond as provided in section 3.06 of the Revised
Code. Each such bond shall be in favor of the commission and shall be
conditioned upon the faithful performance of the duties of the
office, executed by a surety company authorized to transact business
in this state, approved by the governor, and filed in the office of
the secretary of state. The costs of the surety bonds shall be paid
or reimbursed by the commission from revenues. Each member of the
commission appointed by the governor shall receive an annual salary
of five thousand dollars, payable in monthly installments. Each
member shall be reimbursed for the member's actual expenses
necessarily incurred in the performance of the member's duties. All
costs and expenses incurred by the commission in carrying out this
chapter shall be payable solely from revenues and state taxes, and no
liability or obligation shall be incurred by the commission beyond
the extent to which revenues have been provided for pursuant to this
chapter.

Sec.
5537.03.
In
order to remove present and anticipated impediments and potential
hazards on the congested highways in this state, to facilitate
vehicular traffic throughout the state, to finance infrastructure
projects that improve and enhance mobility in Ohio, and also to
promote the agricultural, recreational, tourism, and commercial,
industrial, and economic development of the state, and to provide for
the general welfare by the construction, improvement, and maintenance
of modern express highways embodying safety devices, including
without limitation center divisions, ample shoulder widths, longsight
distances, multiple lanes in each direction, and grade separations at
intersections with other public roads and railroads, the Ohio
turnpike and infrastructure commission may do the following:

(A)
Subject to section 5537.26 of the Revised Code, construct, maintain,
repair, and operate a system of turnpike projects
at
locations that are reviewed by the turnpike legislative review
committee and
approved
by the governor, and in accordance with alignment and design
standards that are approved by the director of transportation, and
issue revenue bonds of this state, payable solely from pledged
revenues, to pay the cost of those projects. The turnpikes and
turnpike projects authorized by this chapter are hereby or shall be
made part of the Ohio turnpike system.

(B)
Provide the infrastructure funds to pay the cost or a portion of the
cost of infrastructure projects as recommended by the director of
transportation pursuant to a determination made by the commission
based on criteria set forth in rules adopted by the commission under
section 5537.18 of the Revised Code. A determination by the
commission to provide infrastructure funds for an infrastructure
project shall be conclusive and incontestable.

Sec.
5537.27.
The
Ohio turnpike and infrastructure commission, the director of
transportation or the director's designee, and another person
designated by the governor shall establish a procedure whereby a
political subdivision or other government agency or agencies may
submit a written application to the commission, requesting the
commission to construct and operate a turnpike project within the
boundaries of the subdivision, agency, or agencies making the
request. The procedure shall include a requirement that the
commission send a written reply to the subdivision, agency, or
agencies, explaining the disposition of the request. The procedure
established pursuant to this section shall not become effective
unless it is approved by the commission and by the director or the
director's designee and the designee of the governor
,
and shall require submission of the proposed turnpike project to the
turnpike legislative review committee if the project must be approved
by the governor
.

Sec.
5540.02.
(A)
A transportation improvement district may be created by the board of
county commissioners of a county. The board, by resolution, shall
determine the structure of the board of trustees of the
transportation improvement district it creates by adopting the
structure contained either in division (C)(1) or (2) of this section.

(B)
A transportation improvement district is a body both corporate and
politic, and the exercise by it of the powers conferred by this
chapter in the financing, construction, maintenance, repair, and
operation of a project are and shall be held to be essential
governmental functions.

(C)(1)
If the board of county commissioners so elects, a transportation
improvement district shall be governed by a board of trustees
consisting of the following members:

(a)
Two members appointed by the board of county commissioners;

(b)
Three members appointed by the legislative authority of the most
populous municipal corporation in the district;

(c)
Two members appointed by the legislative authority of the second most
populous municipal corporation in the district;

(d)
Two members appointed by the board of township trustees of the
township in the county that is most populous in its unincorporated
area;

(e)
The county engineer;

(f)
One member appointed by the legislative authority of any township or
municipal corporation that cannot otherwise appoint a member to the
board pursuant to this section, and that is wholly or partially
within the area of the transportation improvement district as the
district was originally designated by the board of county
commissioners;

(g)
If the area of a transportation improvement district is expanded by
the board of county commissioners, the legislative authority of any
township or municipal corporation that is wholly or partially within
the area of expansion and that cannot otherwise appoint a member to
the board pursuant to this section, with the consent of the board of
trustees of the district, may appoint one member to the board;

(h)
One member appointed by the regional planning commission for the
county, who shall be a nonvoting member of the board
;

(i)
One member appointed at the discretion of the speaker of the house of
representatives, who, if appointed, shall be a nonvoting member of
the board and who may be a member of the house of representatives
.

One
of each of the appointments made by the board of county
commissioners, the legislative authority of a municipal corporation,
and the board of township trustees under divisions (C)(1)(a), (b),
(c), and (d) of this section, shall be members of the chamber of
commerce for the respective political subdivision.

Whenever
the addition of members to the board of trustees of a transportation
improvement district pursuant to division (C)(1)(f) or (g) of this
section results in an even number of total voting members on the
board, the board of trustees of the district may appoint an
additional person to its membership to maintain an odd number of
voting members.

(2)
As an alternative to the structure prescribed in division (C)(1) of
this section, a board of county commissioners, by resolution, may
elect that the transportation improvement district it creates be
governed by a board of trustees consisting of
the
following members:

(a)
Five
five

members
appointed by the board of county commissioners
;

(b)
One member appointed at the discretion of the speaker of the house of
representatives, who, if appointed, shall be a nonvoting member of
the board and who may be a member of the house of representatives
.

(D)
Each appointed member of the board shall hold office for a term of
two years but subject to removal at the pleasure of the authority
that appointed the member. Members may be reappointed. Except as
otherwise provided in this division, any vacancy on the board shall
be filled in the same manner as the original appointment. Any vacancy
on a board appointed under division (C)(1) of this section lasting
longer than thirty days due to the failure of the legislative
authority of a municipal corporation or a board of township trustees
to make an appointment shall be filled by the board of trustees of
the transportation improvement district.

(E)
The voting members of the board shall elect from the entire board
membership a chairperson, vice-chairperson, and secretary-treasurer.
A majority of the voting members of the board constitutes a quorum,
the affirmative vote of which is necessary for any action of the
district. No vacancy in the membership of the board impairs the right
of a quorum to exercise all the rights and perform all duties of the
district.

(F)
The board of county commissioners of any county, the legislative
authority of any municipal corporation, and the board of township
trustees of any township may make appropriations from moneys
available to them and not otherwise appropriated to pay costs
incurred by the district in the exercise of its functions under this
chapter, provided those moneys are available to use for that purpose.

(G)
An organizational meeting of the board of trustees of a
transportation improvement district created under this section shall
be held at the time and place designated by the board member who has
served the most years as a member of the board of county
commissioners that created the transportation improvement district.

Sec.
5595.02.
(A)
The boards of county commissioners of two or more counties may
undertake a regional transportation improvement project for the
purpose of completing transportation improvements within the
territory of the counties. The project shall be administered by a
governing board in accordance with a cooperative agreement.

(B)
(B)(1)

The cooperative agreement shall provide for the creation of a
governing board consisting of
one

the
following individuals:

(a)
One
county
commissioner from each county that is a party to the agreement or a
designee appointed by the board of county commissioners of the county
for the purpose of serving on the governing board
,
and the
;

(b)
The
county
engineer of each such county or a designee appointed by the county
engineer for the purpose of serving on the governing board
.

(2)
The cooperative agreement may authorize the chief executive officer
of the JobsOhio network partner that covers the majority of the area
encompassed by the regional transportation improvement project or a
designee appointed by the chief executive officer to serve as an
additional member of the governing board
.

Membership

(3)
Membership
on
the board is not a direct or indirect interest in a contract or
expenditure of money by the county. The board is a public body for
the purposes of section 121.22 of the Revised Code and a public
office for the purposes of section 149.43 of the Revised Code.
Chapter 2744. of the Revised Code applies to the board.

(C)
The governing board of a regional transportation improvement project
is a body both corporate and politic, and the exercise by it of the
powers conferred by this chapter in the financing, construction,
maintenance, repair, and operation of transportation improvements are
essential governmental functions.

(D)
A board of county commissioners, in accordance with the cooperative
agreement, may make appropriations to pay costs incurred by the
governing board in the exercise of its functions under this chapter
so long as such costs are approved by the director of transportation
under section 5595.12 of the Revised Code.

Sec.
5701.11.
The
effective date to which this section refers is the effective date of
this section as amended by H.B. 14 of the 136th general assembly.

(A)(1)
Except as provided under division (A)(2) or (B) of this section, any
reference in Title LVII or section 149.311, 3123.90,
3770.07,
3770.071, 3770.072,
3770.073,

or

3772.37
,
or 3775.16

of the Revised Code to the Internal Revenue Code, to the Internal
Revenue Code "as amended," to other laws of the United
States, or to other laws of the United States, "as amended,"
means the Internal Revenue Code or other laws of the United States as
they exist on the effective date.

(2)
This section does not apply to any reference in Title LVII of the
Revised Code to the Internal Revenue Code as of a date certain
specifying the day, month, and year, or to other laws of the United
States as of a date certain specifying the day, month, and year.

(B)(1)
For purposes of applying section 5733.04, 5745.01, or 5747.01 of the
Revised Code to a taxpayer's taxable year ending after March 15,
2023, and before the effective date, a taxpayer may irrevocably elect
to incorporate the provisions of the Internal Revenue Code or other
laws of the United States that are in effect for federal income tax
purposes for that taxable year if those provisions differ from the
provisions that, under division (A) of this section, would otherwise
apply. The filing by the taxpayer for that taxable year of a report
or return that incorporates the provisions of the Internal Revenue
Code or other laws of the United States applicable for federal income
tax purposes for that taxable year, and that does not include any
adjustments to reverse the effects of any differences between those
provisions and the provisions that would otherwise apply, constitutes
the making of an irrevocable election under this division for that
taxable year.

(2)
Elections under prior versions of division (B)(1) of this section
remain in effect for the taxable years to which they apply.

Sec.
5703.052.
(A)
There is hereby created in the state treasury the tax refund fund,
from which refunds shall be paid for amounts illegally or erroneously
assessed or collected, or for any other reason overpaid, with respect
to taxes levied by Chapter 4301., 4305., 5726., 5728., 5729., 5731.,
5733., 5735., 5736., 5739., 5741., 5743., 5747., 5748., 5749., 5751.,
or 5753. and sections 3737.71, 3905.35, 3905.36, 4303.33, 5707.03,
5725.18, 5727.28, 5727.38, 5727.81, and 5727.811 of the Revised Code.
Refunds for fees levied under sections 3734.90 to 3734.9014 of the
Revised Code, wireless 9-1-1 charges imposed under section 128.40 of
the Revised Code, next generation 9-1-1 access fees imposed under
sections 128.41 and 128.42 of the Revised Code, or any penalties
assessed with respect to such fees or charges, that are illegally or
erroneously assessed or collected, or for any other reason overpaid,
also shall be paid from the fund. Refunds for amounts illegally or
erroneously assessed or collected by the tax commissioner, or for any
other reason overpaid, that are due under section 1509.50 of the
Revised Code shall be paid from the fund. Refunds for amounts
illegally or erroneously assessed or collected by the commissioner,
or for any other reason overpaid to the commissioner, under sections
718.80 to 718.95 of the Revised Code shall be paid from the fund.
However, refunds for amounts illegally or erroneously assessed or
collected by the commissioner, or for any other reason overpaid to
the commissioner, with respect to taxes levied under section 5739.101
of the Revised Code shall not be paid from the tax refund fund, but
shall be paid as provided in section 5739.104 of the Revised Code.

(B)(1)
Upon certification by the tax commissioner to the treasurer of state
of a tax refund, a wireless 9-1-1 charge refund, a next generation
9-1-1 access fee refund, or another amount refunded, or by the
superintendent of insurance of a domestic or foreign insurance tax
refund, the treasurer of state shall place the amount certified to
the credit of the fund. The certified amount transferred shall be
derived from the receipts of the same tax, fee, wireless 9-1-1
charge, next generation 9-1-1 access fee, or other amount from which
the refund arose.

(2)
When a refund is for a tax, fee, wireless 9-1-1 charge, next
generation 9-1-1 access fee, or other amount that is not levied by
the state or that was illegally or erroneously distributed to a
taxing jurisdiction, the tax commissioner shall recover the amount of
that refund from the next distribution of that tax, fee, wireless
9-1-1 charge, next generation 9-1-1 access fee, or other amount that
otherwise would be made to the taxing jurisdiction. If the amount to
be recovered would exceed twenty-five per cent of the next
distribution of that tax, fee, wireless 9-1-1 charge, next generation
9-1-1 access fee, or other amount, the commissioner may spread the
recovery over more than one future distribution, taking into account
the amount to be recovered and the amount of the anticipated future
distributions. In no event may the commissioner spread the recovery
over a period to exceed
thirty-six

seventy-two

months.

Sec.
5703.19.
(A)
To carry out the purposes of the laws that the tax commissioner is
required to administer, the commissioner or any person employed by
the commissioner for that purpose, upon demand, may inspect books,
accounts, records, and memoranda of any person or public utility
subject to those laws, and may examine under oath any officer, agent,
or employee of that person or public utility.
If
such books, accounts, records, or memoranda are kept electronically
or available in an electronic format, the person or public utility
shall provide such records to the commissioner electronically or in
an electronic format at the commissioner's request.
Any
person other than the commissioner who makes a demand pursuant to
this section shall produce the person's authority to make the
inspection.

(B)
If a person or public utility receives at least ten days' written
notice of a demand made under division (A) of this section and
refuses to comply with that demand, a penalty of five hundred dollars
shall be imposed upon the person or public utility for each day the
person or public utility refuses to comply with the demand. Penalties
imposed under this division may be assessed and collected in the same
manner as assessments made under Chapter 3769., 4305., 5727., 5728.,
5733., 5735., 5736., 5739., 5743., 5745., 5747., 5749., 5751., or
5753., or sections 718.90, 3734.90 to 3734.9014, of the Revised Code.

Sec.
5703.21.
(A)
Except as provided in divisions (B) and (C) of this section, no agent
of the department of taxation, except in the agent's report to the
department or when called on to testify in any court or proceeding,
shall divulge any information acquired by the agent as to the
transactions, property, or business of any person while acting or
claiming to act under orders of the department. Whoever violates this
provision shall thereafter be disqualified from acting as an officer
or employee or in any other capacity under appointment or employment
of the department.

(B)(1)
For purposes of an audit pursuant to section 117.15 of the Revised
Code, or an audit of the department pursuant to Chapter 117. of the
Revised Code, or an audit, pursuant to that chapter, the objective of
which is to express an opinion on a financial report or statement
prepared or issued pursuant to division (A)(7) or (9) of section
126.21 of the Revised Code, the officers and employees of the auditor
of state charged with conducting the audit shall have access to and
the right to examine any state tax returns and state tax return
information in the possession of the department to the extent that
the access and examination are necessary for purposes of the audit.
Any information acquired as the result of that access and examination
shall not be divulged for any purpose other than as required for the
audit or unless the officers and employees are required to testify in
a court or proceeding under compulsion of legal process. Whoever
violates this provision shall thereafter be disqualified from acting
as an officer or employee or in any other capacity under appointment
or employment of the auditor of state.

(2)
For purposes of an internal audit pursuant to section 126.45 of the
Revised Code, the officers and employees of the office of internal
audit in the office of budget and management charged with directing
the internal audit shall have access to and the right to examine any
state tax returns and state tax return information in the possession
of the department to the extent that the access and examination are
necessary for purposes of the internal audit. Any information
acquired as the result of that access and examination shall not be
divulged for any purpose other than as required for the internal
audit or unless the officers and employees are required to testify in
a court or proceeding under compulsion of legal process. Whoever
violates this provision shall thereafter be disqualified from acting
as an officer or employee or in any other capacity under appointment
or employment of the office of internal audit.

(3)
As provided by section 6103(d)(2) of the Internal Revenue Code, any
federal tax returns or federal tax information that the department
has acquired from the internal revenue service, through federal and
state statutory authority, may be disclosed to the auditor of state
or the office of internal audit solely for purposes of an audit of
the department.

(4)
For purposes of Chapter 3739. of the Revised Code, an agent of the
department of taxation may share information with the division of
state fire marshal that the agent finds during the course of an
investigation.

(C)
Division (A) of this section does not prohibit any of the following:

(1)
Divulging information contained in applications, complaints, and
related documents filed with the department under section 5715.27 of
the Revised Code or in applications filed with the department under
section 5715.39 of the Revised Code;

(2)
Providing to the attorney general information the department obtains
under division (J) of section 1346.01 of the Revised Code;

(3)
Permitting properly authorized officers, employees, or agents of a
municipal corporation from inspecting reports or information pursuant
to section 718.84 of the Revised Code or rules adopted under section
5745.16 of the Revised Code;

(4)
Providing information regarding the name, account number, or business
address of a holder of a vendor's license issued pursuant to section
5739.17 of the Revised Code, a holder of a direct payment permit
issued pursuant to section 5739.031 of the Revised Code, or a seller
having a use tax account maintained pursuant to section 5741.17 of
the Revised Code, or information regarding the active or inactive
status of a vendor's license, direct payment permit, or seller's use
tax account;

(5)
Providing to a county auditor notices or documents concerning or
affecting the taxable value of property in the county auditor's
county. Unless authorized by law to disclose documents so provided,
the county auditor shall not disclose such documents;

(6)
Providing to a county auditor a sales or use tax return or audit
information under section 333.06 of the Revised Code;

(7)
Disclosing to a state or federal government agency, for use in the
performance of that agency's official duties in this state,
information in the possession of the tax commissioner necessary to
verify compliance with any provision of the Revised Code or federal
law relating to that agency. Unless disclosure is otherwise
authorized by law, information provided to any state or federal
government agency under this section remains confidential and is not
subject to further disclosure
;

(8)
Disclosing to a current or former employee, for use in preparation of
the employee's income tax return, the account number issued by the
tax commissioner to an employer for use in filing returns and making
payments under section 5747.07 of the Revised Code. The commissioner
may require the employee to provide evidence of current or past
employment before such disclosure;

(9)
Publishing or disclosing the amount of revenue distributed to a
county, municipal corporation, township, school district, or any
other political subdivision from any tax or fund administered by the
tax commissioner;

(10)
Disclosing to a county auditor information in or discovered pursuant
to the property tax relief screening system created in section
5703.83 of the Revised Code
.

Sec.
5703.37.
(A)(1)
Except as provided in division (B) of this section, whenever service
of a notice or order is required in the manner provided in this
section, a copy of the notice or order shall be served upon the
person affected thereby either by personal service, by certified
mail, or by a delivery service authorized under section 5703.056 of
the Revised Code that notifies the tax commissioner of the date of
delivery.

(2)
In lieu of serving a copy of a notice or order through one of the
means provided in division (A)(1) of this section, the commissioner
may serve a notice or order upon the person affected thereby through
alternative means as provided in this section, including, but not
limited to, delivery by secure electronic mail as provided in
division (F) of this section or by ordinary mail. Delivery by such
means satisfies the requirements for delivery under this section.

(B)(1)(a)
If certified
or
ordinary
mail
is returned because of an undeliverable address, the commissioner
shall first utilize reasonable means to ascertain a new last known
address, including the use of a change of address service offered by
the United States postal service or an authorized delivery service
under section 5703.056 of the Revised Code. If, after using
reasonable means, the commissioner is unable to ascertain a new last
known address, the assessment is final for purposes of section 131.02
of the Revised Code sixty days after the notice or order
sent
by certified mail
is
first returned to the commissioner, and the commissioner shall
certify the notice or order, if applicable, to the attorney general
for collection under section 131.02 of the Revised Code.

(b)
Notwithstanding certification to the attorney general under division
(B)(1)(a) of this section, once the commissioner or attorney general,
or the designee of either, makes an initial contact with the person
to whom the notice or order is directed, the person may protest an
assessment by filing a petition for reassessment within sixty days
after the initial contact. The certification of an assessment under
division (B)(1)(a) of this section is prima-facie evidence that
delivery is complete and that the notice or order is served.

(2)
If mailing of a notice or order by certified
or
ordinary
mail
is returned for some cause other than an undeliverable address or if
a person does not access an electronic notice or order within the
time provided in division (F) of this section, the commissioner shall
resend the notice or order by ordinary mail. The notice or order
shall show the date the commissioner sends the notice or order and
include the following statement:

"This
notice or order is deemed to be served on the addressee under
applicable law ten days from the date this notice or order was mailed
by the commissioner as shown on the notice or order, and all periods
within which an appeal may be filed apply from and after that date."

Unless
the mailing is returned because of an undeliverable address, the
mailing of that information is prima-facie evidence that delivery of
the notice or order was completed ten days after the commissioner

sent

resent

the
notice or order by ordinary mail and that the notice or order was
served.

If
the
ordinary
mail
mailing

is
subsequently returned because of an undeliverable address, the
commissioner shall proceed under division (B)(1)(a) of this section.
A person may challenge the presumption of delivery and service under
this division in accordance with division (C) of this section.

(C)(1)
A person disputing the presumption of delivery and service under
division (B) of this section bears the burden of proving by a
preponderance of the evidence that the address to which the notice or
order was sent was not an address with which the person was
associated at the time the commissioner originally mailed the notice
or order

by
certified mail
.
For the purposes of this section, a person is associated with an
address at the time the commissioner originally mailed the notice or
order if, at that time, the person was residing, receiving legal
documents, or conducting business at the address; or if, before that
time, the person had conducted business at the address and, when the
notice or order was mailed, the person's agent or the person's
affiliate was conducting business at the address. For the purposes of
this section, a person's affiliate is any other person that, at the
time the notice or order was mailed, owned or controlled at least
twenty per cent, as determined by voting rights, of the addressee's
business.

(2)
If the person elects to protest an assessment certified to the
attorney general for collection, the person must do so within sixty
days after the attorney general's initial contact with the person.
The attorney general may enter into a compromise with the person
under sections 131.02 and 5703.06 of the Revised Code if the person
does not file a petition for reassessment with the commissioner.

(D)
Nothing in this section prohibits the commissioner or the
commissioner's designee from delivering a notice or order by personal
service.

(E)
Collection actions taken pursuant to section 131.02 of the Revised
Code upon any assessment being challenged under division (B)(1)(b) of
this section shall be stayed upon the pendency of an appeal under
this section. If a petition for reassessment is filed pursuant to
this section on a claim that has been certified to the attorney
general for collection, the claim shall be uncertified.

(F)(1)
The commissioner may serve a notice or order upon the person affected
by the notice or order or that person's authorized representative
through secure electronic means associated with the person's or
representative's last known address, but only with the person's
consent. The commissioner must inform the recipient, electronically
or by mail, that a notice or order is available for electronic review
and provide instructions to access and print the notice or order. The
types of electronic notification the commissioner may use include
electronic mail, text message, or any other form of electronic
communication. The recipient's electronic access of the notice or
order satisfies the requirements for delivery under this section. If
the recipient fails to access the notice or order electronically
within ten business days, then the commissioner shall inform the
recipient a second time, electronically or by mail, that a notice or
order is available for electronic review and provide instructions to
access and print the notice or order. If the recipient fails to
access the notice or order electronically within ten business days of
the second notification, the notice or order shall be served upon the
person through the means provided in division (B)(2) of this section.

(2)
The tax commissioner shall establish a system to issue notification
of assessments to taxpayers through secure electronic means.

(G)
As used in this section:

(1)
"Last known address" means the address the department has
at the time the document is originally sent by certified
or
ordinary
mail,
or any address the department can ascertain using reasonable means
such as the use of a change of address service offered by the United
States postal service or an authorized delivery service under section
5703.056 of the Revised Code. For documents sent by secure electronic
means, "last known address" means an electronic mode of
communication that is identified on a form prescribed by the
commissioner for such purpose or that is associated with the person
or the authorized representative of the person
as
of the date the notification was sent
on
the Ohio business gateway, as defined in section 718.01 of the
Revised Code,
as
of the date the notification was sent
or
another electronic filing or payment system prescribed by the
commissioner
.

(2)
"Undeliverable address" means an address to which the
United States postal service or an authorized delivery service under
section 5703.056 of the Revised Code is not able to deliver a notice
or order, except when the reason for nondelivery is because the
addressee fails to acknowledge or accept the notice or order.

Sec.
5703.70.
(A)
On the filing of an application for refund under section 718.91,
3734.905, 4307.05, 4307.07, 5726.30, 5727.28, 5727.91, 5728.061,
5733.12, 5735.122, 5735.13, 5735.14, 5735.141, 5735.142, 5735.18,
5736.08, 5739.07,
5739.071,

5739.104,
5741.10, 5743.05, 5743.53, 5747.11, 5749.08, 5751.08, or 5753.06 of
the Revised Code, or an application for compensation under section
5739.061 of the Revised Code, if the tax commissioner determines that
the amount of the refund or compensation to which the applicant is
entitled is less than the amount claimed in the application, the
commissioner shall give the applicant written notice

electronically
or

by ordinary mail of the amount.
The

If
sent by ordinary mail, the
notice
shall be sent to the address shown on the application unless the
applicant notifies the commissioner of a different address.
If
sent electronically, the notice shall be sent to the person or the
person's authorized representative through secure electronic means
associated with the person's or representative's last known
electronic mail address, but only with the person's consent.
The
applicant shall have sixty days from the date the commissioner

electronically
sends or
mails
the notice to provide additional information to the commissioner or
request a hearing, or both.

(B)
If the applicant neither requests a hearing nor provides additional
information to the tax commissioner within the time prescribed by
division (A) of this section, the commissioner shall take no further
action, and the refund or compensation amount denied becomes final.

(C)(1)
If the applicant requests a hearing within the time prescribed by
division (A) of this section, the tax commissioner shall assign a
time and place for the hearing and notify the applicant of such time
and place, but the commissioner may continue the hearing from time to
time, as necessary. After the hearing, the commissioner may make such
adjustments to the refund or compensation as the commissioner finds
proper, and shall issue a final determination thereon.

(2)
If the applicant does not request a hearing, but provides additional
information, within the time prescribed by division (A) of this
section, the commissioner shall review the information, make such
adjustments to the refund or compensation as the commissioner finds
proper, and issue a final determination thereon. The commissioner may
review such information and make such adjustments as many times as
the commissioner finds proper before the issuance of a final
determination.

(3)
If the applicant requests a hearing and provides additional
information within the time prescribed by division (A) of this
section, the commissioner may review the information and make such
adjustments to the refund or compensation as the commissioner finds
proper. The commissioner may review such information and make such
adjustments as many times as the commissioner finds proper before the
issuance of a final determination.

The
commissioner shall assign a time and place for the hearing and notify
the applicant of such time and place, but the commissioner may
continue the hearing from time to time, as necessary. After the
hearing, the commissioner may make any additional adjustments to the
refund or compensation as the commissioner finds proper and shall
issue a final determination thereon.

(4)
The commissioner shall serve a copy of the final determination made
under division (C)(1), (2), or (3) of this section on the applicant
in the manner provided in section 5703.37 of the Revised Code, and
the decision is final, subject to appeal under section 5717.02 of the
Revised Code.

(D)
The tax commissioner shall certify to the director of budget and
management and treasurer of state for payment from the tax refund
fund created by section 5703.052 of the Revised Code, the amount of
the refund to be refunded under division (B) or (C) of this section.
The commissioner also shall certify to the director and treasurer of
state for payment from the general revenue fund the amount of
compensation to be paid under division (B) or (C) of this section.

Sec.
5703.83.
(A)
The department of taxation shall establish policies, procedures, and
internal controls, including implementing a property tax relief
screening system to evaluate the eligibility of owners of real
property and manufactured and mobile homes in this state that receive
one or both of the following reductions in taxes:

(1)
The reduction authorized under division (B) of section 323.152 of the
Revised Code;

(2)
The reductions authorized under division (A) of section 323.152 and
section 4503.065 of the Revised Code.

(B)
Each county auditor shall have access to the property tax relief
screening system authorized under this section. If a county auditor
discovers an error in the system relative to real property or a
manufactured or mobile home, the auditor shall notify the department
of taxation of the error.

(C)
If the department of taxation discovers through the property tax
relief screening system that real property or a manufactured or
mobile home was granted one or more of the reductions described in
divisions (A)(1) and (2) of this section for one or more tax years in
which the property or home was not eligible for the reduction, the
department shall notify the county auditor of the county in which the
property or manufactured or mobile home is located.

(D)
The tax commissioner, on or before the last day of each calendar
year, beginning in 2026, shall annually submit to the general
assembly a report in accordance with division (B) of section 101.68
of the Revised Code that lists the number, arranged by county, of
parcels of real property or manufactured or mobile homes that were
identified through the property tax relief screening system as not
eligible for a reduction in taxes since the inception of the system,
for the first report, or since the preceding report.

Sec.
5705.01.
As
used in this chapter:

(A)
"Subdivision" means any county; municipal corporation;
township; township police district; joint police district; township
fire district; joint fire district; joint ambulance district; joint
emergency medical services district; fire and ambulance district;
joint recreation district; township waste disposal district; township
road district; community college district; technical college
district; detention facility district; a district organized under
section 2151.65 of the Revised Code; a combined district organized
under sections 2152.41 and 2151.65 of the Revised Code; a
joint-county alcohol, drug addiction, and mental health service
district; a drainage improvement district created under section
6131.52 of the Revised Code; a lake facilities authority created
under Chapter 353. of the Revised Code; a union cemetery district; a
county school financing district; a city, local, exempted village,
cooperative education, joint vocational school district; a regional
student education district created under section 3313.83 of the
Revised Code; or a career-technical cooperative education district
created under section 3313.831 of the Revised Code.

(B)
"Municipal corporation" means all municipal corporations,
including those that have adopted a charter under Article XVIII, Ohio
Constitution.

(C)
"Taxing authority" or "bond issuing authority"
means
,
in

any
of the following:

(1)
In
the
case of any county, the board of county commissioners; in the case of
a municipal corporation, the council or other legislative authority
of the municipal corporation; in the case of a city, local, exempted
village, cooperative education, or joint vocational school district,
the board of education; in the case of a community college district,
the board of trustees of the district; in the case of a technical
college district, the board of trustees of the district; in the case
of a detention facility district, a district organized under section
2151.65 of the Revised Code, or a combined district organized under
sections 2152.41 and 2151.65 of the Revised Code, the joint board of
county commissioners of the district; in the case of a township, the
board of township trustees; in the case of a joint police district,
the joint police district board; in the case of a joint fire
district, the board of fire district trustees; in the case of a joint
recreation district, the joint recreation district board of trustees;
in the case of a joint-county alcohol, drug addiction, and mental
health service district, the district's board of alcohol, drug
addiction, and mental health services; in the case of a joint
ambulance district or a fire and ambulance district, the board of
trustees of the district; in the case of a union cemetery district,
the legislative authority of the municipal corporation and the board
of township trustees, acting jointly as described in section 759.341
of the Revised Code; in the case of a drainage improvement district,
the board of county commissioners of the county in which the drainage
district is located; in the case of a lake facilities authority, the
board of directors; in the case of a joint emergency medical services
district, the joint board of county commissioners of all counties in
which all or any part of the district lies; and in the case of a
township police district, a township fire district, a township road
district, or a township waste disposal district, the board of
township trustees of the township in which the district is located.

"Taxing
authority" also means the

(2)
The
educational
service center governing board that serves as the taxing authority of
a county school financing district as provided in section 3311.50 of
the Revised Code, the board of directors of a regional student
education district created under section 3313.83 of the Revised Code,
and the board of directors of a career-technical cooperative
education district created under section 3313.831 of the Revised
Code.

(3)
The governing body responsible for levying a tax for any taxing unit
for which a taxing authority is not defined pursuant to division
(C)(1) or (2) of this section.

(D)
"Fiscal officer" in the case of a county, means the county
auditor; in the case of a municipal corporation, the city auditor or
village clerk, or an officer who, by virtue of the charter, has the
duties and functions of the city auditor or village clerk, except
that in the case of a municipal university the board of directors of
which have assumed, in the manner provided by law, the custody and
control of the funds of the university, the chief accounting officer
of the university shall perform, with respect to the funds, the
duties vested in the fiscal officer of the subdivision by sections
5705.41 and 5705.44 of the Revised Code; in the case of a school
district, the treasurer of the board of education; in the case of a
county school financing district, the treasurer of the educational
service center governing board that serves as the taxing authority;
in the case of a township, the township fiscal officer; in the case
of a joint police district, the treasurer of the district; in the
case of a joint fire district, the clerk of the board of fire
district trustees; in the case of a joint ambulance district, the
clerk of the board of trustees of the district; in the case of a
joint emergency medical services district, the person appointed as
fiscal officer pursuant to division (D) of section 307.053 of the
Revised Code; in the case of a fire and ambulance district, the
person appointed as fiscal officer pursuant to division (B) of
section 505.375 of the Revised Code; in the case of a joint
recreation district, the person designated pursuant to section 755.15
of the Revised Code; in the case of a union cemetery district, the
clerk of the municipal corporation designated in section 759.34 of
the Revised Code; in the case of a children's home district,
educational service center, general health district, joint-county
alcohol, drug addiction, and mental health service district, county
library district, detention facility district, district organized
under section 2151.65 of the Revised Code, a combined district
organized under sections 2152.41 and 2151.65 of the Revised Code, or
a metropolitan park district for which no treasurer has been
appointed pursuant to section 1545.07 of the Revised Code, the county
auditor of the county designated by law to act as the auditor of the
district; in the case of a metropolitan park district which has
appointed a treasurer pursuant to section 1545.07 of the Revised
Code, that treasurer; in the case of a drainage improvement district,
the auditor of the county in which the drainage improvement district
is located; in the case of a lake facilities authority, the fiscal
officer designated under section 353.02 of the Revised Code; in the
case of a regional student education district, the fiscal officer
appointed pursuant to section 3313.83 of the Revised Code; in the
case of a career-technical cooperative education district, the fiscal
officer appointed pursuant to section 3313.831 of the Revised Code;
and in all other cases, the officer responsible for keeping the
appropriation accounts and drawing warrants for the expenditure of
the moneys of the district or taxing unit.

(E)
"Permanent improvement" or "improvement" means
any property, asset, or improvement with an estimated life or
usefulness of five years or more, including land and interests
therein, and reconstructions, enlargements, and extensions thereof
having an estimated life or usefulness of five years or more.

(F)
"Current operating expenses" and "current expenses"
mean the lawful expenditures of a subdivision, except those for
permanent improvements, and except payments for interest, sinking
fund, and retirement of bonds, notes, and certificates of
indebtedness of the subdivision.

(G)
"Debt charges" means interest, sinking fund, and retirement
charges on bonds, notes, or certificates of indebtedness.

(H)
"Taxing unit" means any subdivision or other governmental
district having authority to levy taxes on the property in the
district or issue bonds that constitute a charge against the property
of the district, including conservancy districts, metropolitan park
districts, sanitary districts, road districts, and other districts.

(I)
"District authority" means any board of directors,
trustees, commissioners, or other officers controlling a district
institution or activity that derives its income or funds from two or
more subdivisions, such as the educational service center, the
trustees of district children's homes, the district board of health,
a joint-county alcohol, drug addiction, and mental health service
district's board of alcohol, drug addiction, and mental health
services, detention facility districts, a joint recreation district
board of trustees, districts organized under section 2151.65 of the
Revised Code, combined districts organized under sections 2152.41 and
2151.65 of the Revised Code, and other such boards.

(J)
"Tax list" and "tax duplicate" mean the general
tax lists and duplicates prescribed by sections 319.28 and 319.29 of
the Revised Code.

(K)
"Property" as applied to a tax levy means taxable property
listed on general tax lists and duplicates.

(L)
"Association library district" means a territory, the
boundaries of which are defined by the state library board pursuant
to division (I) of section 3375.01 of the Revised Code, in which a
library association or private corporation maintains a free public
library.

(M)
"Library district" means a territory, the boundaries of
which are defined by the state library board pursuant to section
3375.01 of the Revised Code, in which the board of trustees of a
county, municipal corporation, school district, or township public
library maintains a free public library.

(N)
"Qualifying library levy" means either of the following:

(1)
A levy for the support of a library association or private
corporation that has an association library district with boundaries
that are not identical to those of a subdivision;

(2)
A levy proposed under section 5705.23 of the Revised Code for the
support of the board of trustees of a public library that has a
library district with boundaries that are not identical to those of a
subdivision.

(O)
"School library district" means a school district in which
a free public library has been established that is under the control
and management of a board of library trustees as provided in section
3375.15 of the Revised Code.

(P)
"The county auditor's

appraised

market

value"
means the true value in money of real property.

(Q)(1)
"Effective rate" means one of the following:

(a)
For a levy that is the renewal of an existing levy or an existing
levy extended to additional territory, the effective tax rate of the
levy on class one property, as most recently determined by the county
auditor under section 323.08 of the Revised Code;

(b)
For a levy that is the increase of an existing levy, the effective
tax rate of the portion of the levy equal to the rate of the existing
levy on class one property, as most recently determined by the county
auditor under section 323.08 of the Revised Code, plus the rate of
the additional portion of the levy;

(c)
For a levy that is the decrease of an existing levy, the effective
tax rate of the levy on class one property, as most recently
determined by the county auditor under section 323.08 of the Revised
Code, and as proportionately reduced to account for the decrease
pursuant to rules adopted by the tax commissioner.

(2)
As used in division (Q)(1) of this section:

(a)
"Effective tax rate" has the same meaning in section 323.08
of the Revised Code.

(b)
"Class one property" means real property classified as
residential or agricultural under section 5713.041 of the Revised
Code.

(R)
"Qualifying subdivision" means a taxing unit, created by
one or more member authorities, with a taxing authority or any other
governing authority the majority of the members of which are not
required to be elected local officials.

(S)
"Elected local official" means a member of a board of
township trustees, a board of county commissioners, a legislative
authority of a municipal corporation, a board of education of a city,
local, or exempted village school district, or an educational service
center governing board, or any other township, county, or municipal
official serving in an elected office.

(T)
"Member authority" means the board of commissioners of a
county, the board of trustees of a township, the legislative
authority of a municipal corporation, the board of education of a
city, local, or exempted village school district, or the educational
service center governing board that either created or joined a
qualifying subdivision and remains a member thereof or has territory
therein.

Sec.
5705.03.
(A)
The taxing authority of each subdivision may levy taxes annually,
subject to the limitations of sections 5705.01 to 5705.47 of the
Revised Code, on the real and personal property within the
subdivision for the purpose of paying the current operating expenses
of the subdivision and acquiring or constructing permanent
improvements. The taxing authority of each subdivision and taxing
unit shall, subject to the limitations of such sections, levy such
taxes annually as are necessary to pay the interest and sinking fund
on and retire at maturity the bonds, notes, and certificates of
indebtedness of such subdivision and taxing unit, including levies in
anticipation of which the subdivision or taxing unit has incurred
indebtedness.

(B)(1)
When a taxing authority determines that it is necessary to levy a tax
outside the ten-mill limitation for any purpose authorized by the
Revised Code, the taxing authority shall certify to the county
auditor a resolution or ordinance requesting that the county auditor
certify to the taxing authority the amounts described in division
(B)(2) of this section. The resolution or ordinance shall state all
of the following:

(a)
The proposed rate of the tax, expressed in mills for each one dollar
of taxable value, or the dollar amount of revenue to be generated by
the proposed tax;

(b)
The purpose of the tax;

(c)
Whether the tax is an additional levy, a renewal
or
a replacement
of
an existing tax, a renewal
or
replacement
of
an existing tax with an increase or a decrease, a reduction or
decrease of an existing tax, or an extension of an existing tax to
additional territory;

(d)
The section of the Revised Code authorizing submission of the
question of the tax;

(e)
The term of years of the tax or if the tax is for a continuing period
of time;

(f)
That the tax is to be levied upon the entire territory of the
subdivision or, if authorized by the Revised Code, a description of
the portion of the territory of the subdivision in which the tax is
to be levied;

(g)
The date of the election at which the question of the tax shall
appear on the ballot;

(h)
That the ballot measure shall be submitted to the entire territory of
the subdivision or, if authorized by the Revised Code, a description
of the portion of the territory of the subdivision to which the
ballot measure shall be submitted;

(i)
The tax year in which the tax will first be levied and the calendar
year in which the tax will first be collected;

(j)
Each such county in which the subdivision has territory.

The
board of education of a city, local, or exempted village school
district may also designate, in a resolution adopted under division
(B)(1) of this section, an amount of the district's carry-over
balance from the proceeding fiscal year, based on the most recent
certification made by the district under section 5705.36 of the
Revised Code, as reserved for expenditure on current or future
permanent improvements within the following three years.

(2)
Upon receipt of a resolution or ordinance certified under division
(B)(1) of this section, the county auditor shall certify to the
taxing authority each of the following, as applicable to that levy:

(a)
The total current tax valuation of the subdivision.

(b)
The number of mills for each one dollar of taxable value that is
required to generate a specified amount of revenue.

(c)
Either of the following:

(i)
If the levy is to renew, renew and increase, renew and decrease,
reduce or decrease, or extend to additional territory an existing
levy that is subject to reduction under section 319.301 of the
Revised Code, the levy's effective rate, expressed in dollars,
rounded to the nearest dollar, for each one hundred thousand dollars
of the county auditor's
appraised

market

value;

(ii)
For all other levies, the levy's rate, described in division
(B)(2)(b) or (d) of this section, expressed in dollars, rounded to
the nearest dollar, for each one hundred thousand dollars of the
county auditor's
appraised

market

value.

(d)
The dollar amount of revenue, rounded to the nearest dollar, that
would be generated by a specified number of mills for each one dollar
of taxable value.

(e)
For any levy or portion of a levy except a levy or portion of a levy
to pay debt charges, an estimate of the levy's annual collections,
rounded to the nearest dollar, which shall be calculated assuming
that the amount of the tax list of the taxing authority remains
throughout the life of the levy the same as the amount of the tax
list most recently certified by the auditor under division (A) of
section 319.28 of the Revised Code.

(f)
If the purpose of the tax is for current expenses or current
operating expenses and the resolution is certified by a city, local,
or exempted village school district, the amount by which the
carry-over balance in the district's general operating budget from
the preceding fiscal year exceeds the district's general fund
expenditures made in the preceding fiscal year, expressed both in
dollars and as a percentage of those expenditures. This amount and
percentage shall be determined on the basis of the most recent
certification made by the district to the county budget commission
under section 5705.36 of the Revised Code. The auditor shall exclude
any amount designated under division (B)(1) of this section for
current or future permanent improvements in determining the
district's carry-over balance for the purpose of this computation.

If
a subdivision is located in more than one county, the county auditor
shall obtain from the county auditor of each other county in which
the subdivision is located the current tax valuation for the portion
of the subdivision in that county. The county auditor shall issue the
certification to the taxing authority within ten days after receiving
the taxing authority's resolution or ordinance requesting it.

(3)
Upon receiving the certification from the county auditor under
division (B)(2) of this section,
unless
the percentage certified under division (B)(2)(f) of this section is
one hundred per cent or more, except in the case of a renewal levy,

the
taxing authority may adopt a resolution or ordinance stating the rate
of the tax levy, expressed in mills for each one dollar of taxable
value and the rate or effective rate, as applicable, in dollars for
each one hundred thousand dollars of the county auditor's
appraised

market

value,
as estimated by the county auditor, and that the taxing authority
will proceed with the submission of the question of the tax to
electors. The taxing authority shall certify this resolution or
ordinance, a copy of the county auditor's certifications, and the
resolution or ordinance the taxing authority adopted under division
(B)(1) of this section to the proper county board of elections in the
manner and within the time prescribed by the section of the Revised
Code governing submission of the question. The county board of
elections shall not submit the question of the tax to electors unless
a copy of the county auditor's certification accompanies the
resolutions or ordinances the taxing authority certifies to the
board. Before requesting a taxing authority to submit a tax levy, any
agency or authority authorized to make that request shall first
request the certification from the county auditor provided under this
section.

(4)
This division is supplemental to, and not in derogation of, any
similar requirement governing the certification by the county auditor
of the tax valuation of a subdivision or necessary tax rates for the
purposes of the submission of the question of a tax in excess of the
ten-mill limitation, including
sections

section

133.18

and
5705.195
of
the Revised Code.

(C)
All taxes levied on property shall be extended on the tax list and
duplicate by the county auditor of the county in which the property
is located, and shall be collected by the county treasurer of such
county in the same manner and under the same laws and rules as are
prescribed for the assessment and collection of county taxes. The
proceeds of any tax levied by or for any subdivision when received by
its fiscal officer shall be deposited in its treasury to the credit
of the appropriate fund.

Sec.
5705.12.
In
addition to the funds provided for by sections 5705.09, 5705.121,
5705.13, and 5705.131 of the Revised Code, the taxing authority of a
subdivision may establish, with the approval of and in the manner
prescribed by the auditor of state, such other funds as are
desirable, and may provide by ordinance or resolution that money
derived from specified sources other than the general property tax
shall be paid directly into such funds.

The
auditor of state shall consult with the tax commissioner before
approving such funds.

Sec.
5705.121.
A
municipal corporation may establish in the manner provided by law a
sanitary police pension fund, an urban redevelopment tax increment
equivalent fund, or a cemetery fund.

A
township may establish by law a cemetery fund.

A
subdivision that levies a tax for the purpose described in division
(ZZ) or (AAA) of section 5705.19 of the Revised Code shall establish
a general capital and infrastructure fund to which the proceeds from
that levy shall be credited. By resolution or ordinance, the taxing
authority may establish accounts within that fund for any of the
several particular purposes for which such money may lawfully be
spent, may eliminate such accounts when no longer necessary or
desirable, and may transfer money between such accounts. Money in the
fund may not be used to pay the compensation of officers or employees
of the subdivision.

The
board of health of a city or general health district may establish
the home health services fund referred to in section 3709.15 of the
Revised Code.

Sec.
5705.13.
(A)
A taxing authority of a subdivision, by resolution or ordinance, may
establish reserve balance accounts to accumulate currently available
resources for the following purposes:

(1)
To stabilize subdivision budgets against cyclical changes in revenues
and expenditures;

(2)
Except as otherwise provided by this section, to provide for the
payment of claims and deductibles under an individual or joint
self-insurance program for the subdivision, if the subdivision is
permitted by law to establish such a program;

(3)
To provide for the payment of claims, assessments, and deductibles
under a self-insurance program, individual retrospective ratings
plan, group rating plan, group retrospective rating plan, medical
only program, deductible plan, or large deductible plan for workers'
compensation.

The
ordinance or resolution establishing a reserve balance account shall
state the purpose for which the account is established, the fund in
which the account is to be established, and the total amount of money
to be reserved in the account.

Not
more than one reserve balance account may be established for each of
the purposes permitted under divisions (A)(2) and (3) of this
section. Money to the credit of a reserve balance account may be
expended only for the purpose for which the account was established.

A
reserve balance account established for the purpose described in
division (A)(1) of this section may be established in the general
fund or in one or more special funds for operating purposes of the
subdivision. The amount of money to be reserved in such an account in
any fiscal year shall not exceed five per cent of the revenue
credited in the preceding fiscal year to the fund in which the
account is established, or, in the case of a reserve balance account
of a county or of a township, the greater of that amount or one-sixth
of the expenditures during the preceding fiscal year from the fund in
which the account is established.
Subject
to division (F) of section 5705.29 of the Revised Code, any reserve
balance in an account established under division (A)(1) of this
section shall not be considered part of the unencumbered balance or
revenue of the subdivision under division (A) of section 5705.35 or
division (A)(1) of section 5705.36 of the Revised Code.

At
any time, a taxing authority of a subdivision, by resolution or
ordinance, may reduce or eliminate the reserve balance in a reserve
balance account established for the purpose described in division
(A)(1) of this section.

A
reserve balance account established for the purpose described in
division (A)(2) or (3) of this section shall be established in the
general fund of the subdivision or by the establishment of a separate
internal service fund established to account for the operation of an
individual or joint self-insurance program described in division
(A)(2) of this section or a workers' compensation program or plan
described in division (A)(3) of this section, and shall be based on
sound actuarial principles. The total amount of money in a reserve
balance account for self-insurance may be expressed in dollars or as
the amount determined to represent an adequate reserve according to
sound actuarial principles.

A
taxing authority of a subdivision, by resolution or ordinance, may
rescind a reserve balance account established under this division. If
a reserve balance account is rescinded, money that has accumulated in
the account shall be transferred to the fund or funds from which the
money originally was transferred.

(B)
A taxing authority of a subdivision, by resolution or ordinance, may
establish a special revenue fund for the purpose of accumulating
resources for the payment of accumulated sick leave and vacation
leave, and for payments in lieu of taking compensatory time off, upon
the termination of employment or the retirement of officers and
employees of the subdivision. The special revenue fund may also
accumulate resources for payment of salaries during any fiscal year
when the number of pay periods exceeds the usual and customary number
of pay periods. Notwithstanding sections 5705.14, 5705.15, and
5705.16 of the Revised Code, the taxing authority, by resolution or
ordinance, may transfer money to the special revenue fund from any
other fund of the subdivision from which such payments may lawfully
be made. The taxing authority, by resolution or ordinance, may
rescind a special revenue fund established under this division. If a
special revenue fund is rescinded, money that has accumulated in the
fund shall be transferred to the fund or funds from which the money
originally was transferred.

(C)
A taxing authority of a subdivision, by resolution or ordinance, may
establish a capital projects fund for the purpose of accumulating
resources for the acquisition, construction, or improvement of fixed
assets of the subdivision. For the purposes of this section, "fixed
assets" includes motor vehicles. More than one capital projects
fund may be established and may exist at any time. The ordinance or
resolution shall identify the source of the money to be used to
acquire, construct, or improve the fixed assets identified in the
resolution or ordinance, the amount of money to be accumulated for
that purpose, the period of time over which that amount is to be
accumulated, and the fixed assets that the taxing authority intends
to acquire, construct, or improve with the money to be accumulated in
the fund.

A
taxing authority of a subdivision shall not accumulate money in a
capital projects fund for more than ten years after the resolution or
ordinance establishing the fund is adopted. If the subdivision has
not entered into a contract for the acquisition, construction, or
improvement of fixed assets for which money was accumulated in such a
fund before the end of that ten-year period, the fiscal officer of
the subdivision shall transfer all money in the fund to the fund or
funds from which that money originally was transferred or the fund
that originally was intended to receive the money.

A
taxing authority of a subdivision, by resolution or ordinance, may
rescind a capital projects fund. If a capital projects fund is
rescinded, money that has accumulated in the fund shall be
transferred to the fund or funds from which the money originally was
transferred.

Notwithstanding
sections 5705.14, 5705.15, and 5705.16 of the Revised Code, the
taxing authority of a subdivision, by resolution or ordinance, may
transfer money to the capital projects fund from any other fund of
the subdivision that may lawfully be used for the purpose of
acquiring, constructing, or improving the fixed assets identified in
the resolution or ordinance.

Sec.
5705.131.
A
taxing authority of a subdivision may establish a nonexpendable trust
fund for the purpose of receiving donations or contributions that the
donor or contributor requires to be maintained intact. The principal
of such fund may be invested, and the investment earnings on the
principal shall be credited to the fund.
The
principal of the fund, and any additions to principal arising from
sources other than the reinvestment of investment earnings arising
from the fund, shall not be considered part of the unencumbered
balance or revenue of the subdivision under division (A) of section
5705.35 or division (A)(1) of section 5705.36 of the Revised Code.
Only investment earnings arising from investment of the principal or
investment of such additions to principal may be considered an
unencumbered balance or revenue of the subdivision under that
division.

Sec.
5705.132.
In
addition to any reserve balance account established under section
5705.13 of the Revised Code, a board of township trustees, by
resolution, may establish a reserve balance account to accumulate
currently available resources for any purpose for which the board may
lawfully expend money of the township other than for the purposes for
which a reserve balance account may be established under section
5705.13 of the Revised Code. Money may be transferred to the reserve
balance account from another fund or account of the township only if
money in that fund or account may lawfully be expended for the
purpose for which the reserve balance account is created. A reserve
balance account created under this section may exist for not more
than five fiscal years beginning with the first fiscal year in which
money is credited to the account. The total amount of money to the
credit of all reserve balance accounts established under this section
at any time in any fiscal year shall not exceed five per cent of the
total of the township's revenue from all sources for the preceding
fiscal year and any unencumbered balances carried over to the current
fiscal year from the preceding fiscal year. Money in a reserve
balance account shall be expended only for the purpose for which the
account is established. More than one reserve balance account may be
established under this section.

The
resolution establishing a reserve balance account shall state the
specific purpose for which the account is established, the fund
within which the account is established, the fund or account from
which money shall be transferred to the account, and the number of
years the account will exist. The resolution shall specify the
maximum total amount of money that may be credited to the account
during its existence and the maximum amount of money to be credited
to the account each fiscal year the account exists. The board, by
subsequent resolution, may change the amount to be credited and the
source from which money is transferred, subject to the limitations of
this section.

The
board, by resolution, may rescind a reserve balance account
established under this section before the expiration of the account.
The board, by resolution, may extend the life of a reserve balance
account, provided that the total number of years the fund exists
shall not exceed five fiscal years beginning with the first fiscal
year in which money is credited to the account.

Upon
the expiration or rescission of a reserve balance account established
under this section, any unexpended balance in the account shall be
transferred to the fund or account from which money in the account
was originally transferred. If money in the account originally was
transferred from more than one fund or account, a pro rata share of
the unexpended balance shall be transferred to each such fund or
account proportionate to the amount originally transferred from that
fund or account.

The
balance to the credit of a reserve balance account shall not be
considered part of the unencumbered balance or revenue of the
township under division (A) of section 5705.35 or division (A)(1) of
section 5705.36 of the Revised Code.

Sec.
5705.14.
No
transfer shall be made from one fund of a subdivision to any other
fund, by order of the court or otherwise, except as follows:

(A)
The unexpended balance in a bond fund that is no longer needed for
the purpose for which such fund was created shall be transferred to
the sinking fund or bond retirement fund from which such bonds are
payable.

(B)
The unexpended balance in any specific permanent improvement fund,
other than a bond fund, after the payment of all obligations incurred
in the acquisition of such improvement, shall be transferred to the
sinking fund or bond retirement fund of the subdivision; provided
that if such money is not required to meet the obligations payable
from such funds, it may be transferred to a special fund for the
acquisition of permanent improvements, or, with the approval of the
court of common pleas of the county in which such subdivision is
located, to the general fund of the subdivision.

(C)(1)
Except as provided in division (C)(2) of this section, the unexpended
balance in the sinking fund or bond retirement fund of a subdivision,
after all indebtedness, interest, and other obligations for the
payment of which such fund exists have been paid and retired, shall
be transferred, in the case of the sinking fund, to the bond
retirement fund, and in the case of the bond retirement fund, to the
sinking fund; provided that if such transfer is impossible by reason
of the nonexistence of the fund to receive the transfer, such
unexpended balance, with the approval of the court of common pleas of
the county in which such division is located, may be transferred to
any other fund of the subdivision.

(2)
Money in a bond fund or bond retirement fund of a city, local,
exempted village, cooperative education, or joint vocational school
district may be transferred to a specific permanent improvement fund
provided that the county budget commission of the county in which the
school district is located approves the transfer upon its
determination that the money transferred will not be required to meet
the obligations payable from the bond fund or bond retirement fund.
In arriving at such a determination, the county budget commission
shall consider the balance of the bond fund or bond retirement fund,
the outstanding obligations payable from the fund, and the sources
and timing of the fund's revenue.

(D)
The unexpended balance in any special fund, other than an improvement
fund, existing in accordance with division (D), (F), or (G) of
section 5705.09 or section 5705.12 of the Revised Code, may be
transferred to the general fund or to the sinking fund or bond
retirement fund after the termination of the activity, service, or
other undertaking for which such special fund existed, but only after
the payment of all obligations incurred and payable from such special
fund.

(E)
Money may be transferred from the general fund to any other fund of
the subdivision.

(F)
Moneys retained or received by a county under section 4501.04 or
division (A)(2) of section 5735.27 of the Revised Code may be
transferred from the fund into which they were deposited to the
sinking fund or bond retirement fund from which any principal,
interest, or charges for which such moneys may be used is payable.

(G)
Moneys retained or received by a municipal corporation under section
4501.04 or division (A)(1) of section 5735.27 of the Revised Code may
be transferred from the fund into which they were deposited to the
sinking fund or bond retirement fund from which any principal,
interest, or charges for which such moneys may be used is payable.

(H)(1)
Money may be transferred from the county developmental disabilities
general fund to the county developmental disabilities capital fund
established under section 5705.091 of the Revised Code or to any
other fund created for the purposes of the county board of
developmental disabilities, so long as money in the fund to which the
money is transferred can be spent for the particular purpose of the
transferred money. The county board of developmental disabilities may
request, by resolution, that the board of county commissioners make
the transfer. The county board of developmental disabilities shall
transmit a certified copy of the resolution to the board of county
commissioners. Upon receiving the resolution, the board of county
commissioners may make the transfer. Money transferred to a fund
shall be credited to an account appropriate to its particular
purpose.

(2)
An unexpended balance in an account in the county developmental
disabilities capital fund or any other fund created for the purposes
of the county board of developmental disabilities may be transferred
back to the county developmental disabilities general fund. The
transfer may be made if the unexpended balance is no longer needed
for its particular purpose and all outstanding obligations have been
paid. Money transferred back to the county developmental disabilities
general fund shall be credited to an account for current expenses
within that fund. The county board of developmental disabilities may
request, by resolution, that the board of county commissioners make
the transfer. The county board of developmental disabilities shall
transmit a certified copy of the resolution to the board of county
commissioners. Upon receiving the resolution, the board of county
commissioners may make the transfer.

(I)
Money may be transferred from the public assistance fund established
under section 5101.161 of the Revised Code to either of the following
funds, so long as the money to be transferred from the public
assistance fund may be spent for the purposes for which money in the
receiving fund may be used:

(1)
The children services fund established under section
5101.144

5180.411

of
the Revised Code;

(2)
The child support enforcement administrative fund established, as
authorized under rules adopted by the director of job and family
services, in the county treasury for use by any county family
services agency.

(J)
Notwithstanding this section, money in any fund or account of a
village dissolved in accordance with sections 703.31 to 703.39 of the
Revised Code may be transferred by the receiver-trustee to a special
account for the purpose of paying the debts, obligations, and
liabilities of the dissolved village or to the general fund of any
township into which the territory of the village is dissolved for any
purpose that directly or indirectly benefits the former territory of
the dissolved village.

(K)
Except in the case of transfer pursuant to division (E) or (J) of
this section, transfers authorized by this section shall only be made
by resolution of the taxing authority passed with the affirmative
vote of two-thirds of the members.

Sec.
5705.17.
(A)
As used in this section:

(1)
"Qualifying levy" means any levy in excess of the ten-mill
limitation for current expenses or current operating expenses.

(2)
"School district" means a city, local, or exempted village
school district.

(B)
Notwithstanding anything in the Revised Code to the contrary, any
election notice and ballot language for qualifying levy submitted to
electors by a school district shall display the information certified
by the county auditor in division (B)(2)(f) of section 5705.03 of the
Revised Code. The secretary of state shall prescribe the form of the
notice and ballot to incorporate this information.

Sec.
5705.194.
The
board of education of any city, local, exempted village, cooperative
education, or joint vocational school district at any time
before
the effective date of this amendment
may
declare by resolution that the revenue that will be raised by all tax
levies which the district is authorized to impose, when combined with
state and federal revenues, will be insufficient to provide for the
emergency requirements of the school district or to avoid an
operating deficit, and that it is therefore necessary to levy an
additional tax in excess of the ten-mill limitation. The resolution
shall be confined to a single purpose and shall specify that purpose.
If the levy is proposed to renew all or a portion of the proceeds
derived from one or more existing levies imposed pursuant to this
section, it shall be called a renewal levy and shall be so designated
on the ballot. If two or more existing levies are to be included in a
single renewal levy but are not scheduled to expire in the same year,
the resolution shall specify that the existing levies to be renewed
shall not be levied after the year preceding the year in which the
renewal levy is first imposed. Notwithstanding the original purpose
of any one or more existing levies that are to be in any single
renewal levy, the purpose of the renewal levy may be either to avoid
an operating deficit or to provide for the emergency requirements of
the school district. The resolution shall further specify the amount
of money it is necessary to raise for the specified purpose for each
calendar year the millage is to be imposed; if a renewal levy,
whether the levy is to renew all, or a portion of, the proceeds
derived from one or more existing levies; and the number of years in
which the millage is to be in effect, which may include a levy upon
the current year's tax list. The number of years may be any number
not exceeding ten.

The
question shall be submitted at a special election on a date specified
in the resolution. The date shall not be earlier than eighty days
after the adoption and certification of the resolution to the county
auditor and shall be consistent with the requirements of section
3501.01 of the Revised Code. A resolution for a renewal levy shall
not be placed on the ballot unless the question is submitted on a
date on which a special election may be held under division (D) of
section 3501.01 of the Revised Code, except for the first Tuesday
after the first Monday in August, during the last year the levy to be
renewed may be extended on the real and public utility property tax
list and duplicate, or at any election held in the ensuing year,
except that if the resolution proposes renewing two or more existing
levies, the question shall be submitted on the date of the general or
primary election held during the last year at least one of the levies
to be renewed may be extended on that list and duplicate, or at any
election held during the ensuing year. For purposes of this section

and
sections 5705.197
and

section

5705.199 of the Revised Code, a levy shall be considered to be an
"existing levy" through the year following the last year it
can be placed on the real and public utility property tax list and
duplicate.

The
submission of questions to the electors under this section is subject
to the limitation on the number of election dates established by
section 5705.214 of the Revised Code.

The
resolution shall go into immediate effect upon its passage, and no
publication of the resolution shall be necessary other than that
provided for in the notice of election. A copy of the resolution
shall immediately after its passing be certified to the county
auditor of the proper county.
Section
5705.195 of the Revised Code shall govern the arrangements for the
submission of questions to the electors under this section and other
matters concerning the election.
Publication
of notice of the election shall be made in one newspaper of general
circulation in the county once a week for two consecutive weeks, or
as provided in section 7.16 of the Revised Code, prior to the
election. If the board of elections operates and maintains a web
site, the board of elections shall post notice of the election on its
web site for thirty days prior to the election. If a majority of the
electors voting on the question submitted in an election vote in
favor of the levy, the board of education of the school district may
make the additional levy necessary to raise the amount specified in
the resolution for the purpose stated in the resolution. The tax levy
shall be included in the next tax budget that is certified to the
county budget commission.

After
the approval of the levy and prior to the time when the first tax
collection from the levy can be made, the board of education may
anticipate a fraction of the proceeds of the levy and issue
anticipation notes in an amount not exceeding the total estimated
proceeds of the levy to be collected during the first year of the
levy.

The
notes shall be issued as provided in section 133.24 of the Revised
Code, shall have principal payments during each year after the year
of their issuance over a period not to exceed five years, and may
have principal payment in the year of their issuance.

Sec.
5705.199.
(A)
At any time

before
the effective date of this amendment

the board of education of a city, local, exempted village,
cooperative education, or joint vocational school district, by a vote
of two-thirds of all its members, may declare by resolution that the
revenue that will be raised by all tax levies that the district is
authorized to impose, when combined with state and federal revenues,
will be insufficient to provide for the necessary requirements of the
school district, and that it is therefore necessary to levy a tax in
excess of the ten-mill limitation for the purpose of providing for
the necessary requirements of the school district. Such a levy shall
be proposed as a substitute for all or a portion of one or more
existing levies imposed under
sections

section

5705.194

to
5705.197
of
the Revised Code or under this section, by levying a tax as follows:

(1)
In the initial year the levy is in effect, the levy shall be in a
specified amount of money equal to the aggregate annual dollar amount
of proceeds derived from the levy or levies, or portion thereof,
being substituted.

(2)
In each subsequent year the levy is in effect, the levy shall be in a
specified amount of money equal to the sum of the following:

(a)
The dollar amount of the proceeds derived from the levy in the prior
year; and

(b)
The dollar amount equal to the product of the total taxable value of
all taxable real property in the school district in the then-current
year, excluding carryover property as defined in section 319.301 of
the Revised Code, multiplied by the annual levy, expressed in mills
for each one dollar of taxable value, that was required to produce
the annual dollar amount of the levy under this section in the prior
year; provided, that the amount under division (A)(2)(b) of this
section shall not be less than zero.

(B)

The
resolution proposing the substitute levy shall specify the annual
dollar amount the levy is to produce in its initial year; the first
calendar year in which the levy will be due; and the term of the levy
expressed in years, which may be any number not exceeding ten, or for
a continuing period of time. The resolution shall specify the date of
holding the election, which shall not be earlier than ninety days
after certification of the resolution to the board of elections, and
which shall be consistent with the requirements of section 3501.01 of
the Revised Code. If two or more existing levies are to be included
in a single substitute levy, but are not scheduled to expire in the
same year, the resolution shall specify that the existing levies to
be substituted shall not be levied after the year preceding the year
in which the substitute levy is first imposed.

The
resolution shall go into immediate effect upon its passage, and no
publication of the resolution shall be necessary other than that
provided for in the notice of election. A copy of the resolution
shall immediately after its passage be certified to the county
auditor in the manner provided by section 5705.195 of the Revised
Code, and sections 5705.194 and 5705.196 of the Revised Code shall
govern the arrangements for the submission of the question and other
matters concerning the notice of election and the election, except as
may be provided otherwise in this section.

(C)
The form of the ballot to be used at the election on the question of
a levy under this section shall be as follows:

"Shall
a tax levy substituting for an existing levy be imposed by the
__________ (here insert name of school district) for the purpose of
providing for the necessary requirements of the school district in
the initial sum of $__________ (here insert the annual dollar amount
the levy is to produce in its initial year), and a levy of taxes be
made outside of the ten-mill limitation estimated by the county
auditor to require __________ mills for each $1 of taxable value,
which amounts to $__________ for each $100,000 of the county
auditor's appraised value for the initial year of the tax, for a
period of __________ (here insert the number of years the levy is to
be imposed, or that it will be levied for a continuing period of
time), commencing in __________ (first year the tax is to be levied),
first due in calendar year __________ (first calendar year in which
the tax shall be due), with the sum of such tax to increase only if
and as new land or real property improvements not previously taxed by
the school district are added to its tax list?

FOR
THE TAX LEVY

AGAINST
THE TAX LEVY

"

If
the levy submitted is a proposal to substitute all or a portion of
more than one existing levy, the form of the ballot may be changed so
long as the ballot reflects the number of levies to be substituted
and that none of the existing levies to be substituted will be levied
after the year preceding the year in which the substitute levy is
first imposed. The form of the ballot shall be modified by
substituting the statement "Shall a tax levy substituting for an
existing levy" with "Shall a tax levy substituting for
existing levies" and adding the following statement after "added
to its tax list?" and before "For the Tax Levy":

"If
approved, any remaining tax years on any of the __________ (here
insert the number of existing levies) existing levies will not be
collected after __________ (here insert the current tax year or, if
not the current tax year, the applicable tax year)."

(D)
The submission of questions to the electors under this section is
subject to the limitation on the number of election dates established
by section 5705.214 of the Revised Code.

(E)

If
a majority of the electors voting on the question so submitted in an
election vote in favor of the levy, the board of education may make
the necessary levy within the school district at the rate and for the
purpose stated in the resolution. The tax levy shall be included in
the next tax budget that is certified to the county budget
commission.

(F)
(C)

A levy for a continuing period of time may be decreased pursuant to
section 5705.261 of the Revised Code.

(G)
A levy under this section substituting for all or a portion of one or
more existing levies imposed under sections 5705.194 to 5705.197 of
the Revised Code or under this section shall be treated as having
renewed the levy or levies being substituted for purposes of the
payments made under sections 5751.20 to 5751.22 of the Revised Code.

(H)
(D)

After the approval of a levy on the current tax list and duplicate,
and prior to the time when the first tax collection from the levy can
be made, the board of education may anticipate a fraction of the
proceeds of the levy and issue anticipation notes in a principal
amount not exceeding fifty per cent of the total estimated proceeds
of the levy to be collected during the first year of the levy. The
notes shall be issued as provided in section 133.24 of the Revised
Code, shall have principal payments during each year after the year
of their issuance over a period not to exceed five years, and may
have a principal payment in the year of their issuance.

Sec.
5705.21.
(A)
At any time, the board of education of any city, local, exempted
village, cooperative education, or joint vocational school district,
by a vote of two-thirds of all its members, may declare by resolution
that the amount of taxes that may be raised within the ten-mill
limitation by levies on the current tax list will be insufficient to
provide an adequate amount for the necessary requirements of the
school district, that it is necessary to levy a tax in excess of such
limitation for one of the purposes specified in division (A), (D),
(F), (H), or (DD) of section 5705.19 of the Revised Code, for general
permanent improvements, for the purpose of operating a cultural
center, for the purpose of providing for school safety and security,
or for the purpose of providing education technology, and that the
question of such additional tax levy shall be submitted to the
electors of the school district at a special election on a day to be
specified in the resolution. In the case of a qualifying library levy
for the support of a library association or private corporation, the
question shall be submitted to the electors of the association
library district. If the resolution states that the levy is for the
purpose of operating a cultural center, the ballot shall state that
the levy is "for the purpose of operating the__________ (name of
cultural center)."

As
used in this division, "cultural center" means a
freestanding building, separate from a public school building, that
is open to the public for educational, musical, artistic, and
cultural purposes; "education technology" means, but is not
limited to, computer hardware, equipment, materials, and accessories,
equipment used for two-way audio or video, and software; "general
permanent improvements" means permanent improvements without
regard to the limitation of division (F) of section 5705.19 of the
Revised Code that the improvements be a specific improvement or a
class of improvements that may be included in a single bond issue;
and "providing for school safety and security" includes but
is not limited to providing for permanent improvements to provide or
enhance security, employment of or contracting for the services of
safety personnel, providing mental health services and counseling, or
providing training in safety and security practices and responses.

A
resolution adopted under this division shall be confined to a single
purpose and shall specify the amount of the increase in rate that it
is necessary to levy, the purpose of the levy, and the number of
years during which the increase in rate shall be in effect. The
number of years may be any number not exceeding five or, if the levy
is for current expenses of the district or for general permanent
improvements, for a continuing period of time.

(B)(1)
The board of education of a qualifying school district, by
resolution, may declare that it is necessary to levy a tax in excess
of the ten-mill limitation for the purpose of paying the current
expenses of partnering community schools and, if any of the levy
proceeds are so allocated, of the district. A qualifying school
district that is not a municipal school district may allocate all of
the levy proceeds to partnering community schools. A municipal school
district shall allocate a portion of the levy proceeds to the current
expenses of the district. The resolution shall declare that the
question of the additional tax levy shall be submitted to the
electors of the school district at a special election on a day to be
specified in the resolution. The resolution shall state the purpose
of the levy, the rate of the tax expressed in mills for each one
dollar of taxable value, the number of such mills to be levied for
the current expenses of the partnering community schools and the
number of such mills, if any, to be levied for the current expenses
of the school district, the number of years the tax will be levied,
and the first year the tax will be levied. The number of years the
tax may be levied may be any number not exceeding ten years, or for a
continuing period of time.

The
levy of a tax for the current expenses of a partnering community
school under this section and the distribution of proceeds from the
tax by a qualifying school district to partnering community schools
is hereby determined to be a proper public purpose.

(2)(a)
If any portion of the levy proceeds are to be allocated to the
current expenses of the qualifying school district, the form of the
ballot at an election held pursuant to division (B) of this section
shall be as follows:

"Shall
a levy be imposed by the_________ (insert the name of the qualifying
school district) for the purpose of current expenses of the school
district and of partnering community schools, that the county auditor
estimates will collect $_____ annually, at a rate not exceeding______
mills for each $1 of taxable value, of which______ (insert the number
of mills to be allocated to partnering community schools) mills is to
be allocated to partnering community schools, which amounts to
$_______ for each $100,000 of the county auditor's
appraised

market

value,
for______ (insert the number of years the levy is to be imposed, or
that it will be levied for a continuing period of time),
beginning______ (insert first year the tax is to be levied), which
will first be payable in calendar year______ (insert the first
calendar year in which the tax would be payable)?

FOR
THE TAX LEVY

AGAINST
THE TAX LEVY

"

(b)
If all of the levy proceeds are to be allocated to the current
expenses of partnering community schools, the form of the ballot
shall be as follows:

"Shall
a levy be imposed by the_________ (insert the name of the qualifying
school district) for the purpose of current expenses of partnering
community schools, that the county auditor estimates will collect
$_____ annually, at a rate not exceeding______ mills for each $1 of
taxable value which amounts to $_______ for each $100,000 of the
county auditor's
appraised

market

value,
for______ (insert the number of years the levy is to be imposed, or
that it will be levied for a continuing period of time),
beginning______ (insert first year the tax is to be levied), which
will first be payable in calendar year______ (insert the first
calendar year in which the tax would be payable)?

FOR
THE TAX LEVY

AGAINST
THE TAX LEVY

"

(3)
Upon each receipt of a tax distribution by the qualifying school
district, the board of education shall credit the portion allocated
to partnering community schools to the partnering community schools
fund. All income from the investment of money in the partnering
community schools fund shall be credited to that fund.

(a)
If the qualifying school district is a municipal school district, the
board of education shall distribute the partnering community schools
amount among the then qualifying community schools not more than
forty-five days after the school district receives and deposits each
tax distribution. From each tax distribution, each such partnering
community school shall receive a portion of the partnering community
schools amount in the proportion that the number of its resident
students bears to the aggregate number of resident students of all
such partnering community schools as of the date of receipt and
deposit of the tax distribution.

(b)
If the qualifying school district is not a municipal school district,
the board of education may distribute all or a portion of the amount
in the partnering community schools fund during a fiscal year to
partnering community schools on or before the first day of June of
the preceding fiscal year. Each such partnering community school
shall receive a portion of the amount distributed by the board from
the partnering community schools fund during the fiscal year in the
proportion that the number of its resident students bears to the
aggregate number of resident students of all such partnering
community schools as of the date the school district received and
deposited the most recent tax distribution. On or before the
fifteenth day of June of each fiscal year, the board of education
shall announce an estimated allocation to partnering community
schools for the ensuing fiscal year. The board is not required to
allocate to partnering community schools the entire partnering
community schools amount in the fiscal year in which a tax
distribution is received and deposited in the partnering community
schools fund. The estimated allocation shall be published on the web
site of the school district and expressed as a dollar amount per
resident student. The actual allocation to community schools in a
fiscal year need not conform to the estimate published by the school
district so long if the estimate was made in good faith.

Distributions
by a school district under division (B)(3)(b) of this section shall
be made in accordance with distribution agreements entered into by
the board of education and each partnering community school eligible
for distributions under this division. The distribution agreements
shall be certified to the department of education each fiscal year
before the thirtieth day of July. Each agreement shall provide for at
least three distributions by the school district to the partnering
community school during the fiscal year and shall require the initial
distribution be made on or before the thirtieth day of July.

(c)
For the purposes of division (B) of this section, the number of
resident students shall be the number of such students reported under
section 3317.03 of the Revised Code and established by the department
of education as of the date of receipt and deposit of the tax
distribution.

(4)
To the extent an agreement whereby the qualifying school district and
a community school endorse each other's programs is necessary for the
community school to qualify as a partnering community school under
division (B)(6)(b) of this section, the board of education of the
school district shall certify to the department of education the
agreement along with the determination that such agreement satisfies
the requirements of that division. The board's determination is
conclusive.

(5)
For the purposes of Chapter 3317. of the Revised Code or other laws
referring to the "taxes charged and payable" for a school
district, the taxes charged and payable for a qualifying school
district that levies a tax under division (B) of this section
includes only the taxes charged and payable under that levy for the
current expenses of the school district, and does not include the
taxes charged and payable for the current expenses of partnering
community schools. The taxes charged and payable for the current
expenses of partnering community schools shall not affect the
calculation of "state education aid" as defined in section
5751.20 of the Revised Code.

(6)
As used in division (B) of this section:

(a)
"Qualifying school district" means a municipal school
district, as defined in section 3311.71 of the Revised Code or a
school district that contains within its territory a partnering
community school.

(b)
"Partnering community school" means a community school
established under Chapter 3314. of the Revised Code that is located
within the territory of the qualifying school district and meets one
of the following criteria:

(i)
If the qualifying school district is a municipal school district, the
community school is sponsored by the district or is a party to an
agreement with the district whereby the district and the community
school endorse each other's programs;

(ii)
If the qualifying school district is not a municipal school district,
the community school is sponsored by a sponsor that was rated as
"exemplary" in the ratings most recently published under
section 3314.016 of the Revised Code before the resolution proposing
the levy is certified to the board of elections.

(c)
"Partnering community schools amount" means the product
obtained, as of the receipt and deposit of the tax distribution, by
multiplying the amount of a tax distribution by a fraction, the
numerator of which is the number of mills per dollar of taxable value
of the property tax to be allocated to partnering community schools,
and the denominator of which is the total number of mills per dollar
of taxable value authorized by the electors in the election held
under division (B) of this section, each as set forth in the
resolution levying the tax. If the resolution allocates all of the
levy proceeds to partnering community schools, the "partnering
schools amount" equals the amount of the tax distribution.

(d)
"Partnering community schools fund" means a separate fund
established by the board of education of a qualifying school district
for the deposit of partnering community school amounts under this
section.

(e)
"Resident student" means a student enrolled in a partnering
community school who is entitled to attend school in the qualifying
school district under section 3313.64 or 3313.65 of the Revised Code.

(f)
"Tax distribution" means a distribution of proceeds of the
tax authorized by division (B) of this section under section 321.24
of the Revised Code and distributions that are attributable to that
tax under sections 323.156 and 4503.068 of the Revised Code or other
applicable law.

(C)
A resolution adopted under this section shall specify the date of
holding the election, which shall not be earlier than ninety days
after the adoption and certification of the resolution and which
shall be consistent with the requirements of section 3501.01 of the
Revised Code.

A
resolution adopted under this section may propose to renew one or
more existing levies imposed under division (A) or (B) of this
section or to
increase
or
decrease
a single levy imposed under either such division.

If
the board of education imposes one or more existing levies for the
purpose specified in division (F) of section 5705.19 of the Revised
Code, the resolution may propose to renew one or more of those
existing levies, or to
increase
or
decrease
a single such existing levy, for the purpose of general permanent
improvements.

If
the resolution proposes to renew two or more existing levies, the
levies shall be levied for the same purpose. The resolution shall
identify those levies and the rates at which they are levied. The
resolution also shall specify that the existing levies shall not be
extended on the tax lists after the year preceding the year in which
the renewal levy is first imposed, regardless of the years for which
those levies originally were authorized to be levied.

If
the resolution proposes to renew an existing levy imposed under
division (B) of this section, the rates allocated to the qualifying
school district and to partnering community schools each may be
increased or decreased or remain the same, and the total rate may be

increased,

decreased
,

or remain the same. The resolution and notice of election shall
specify the number of the mills to be levied for the current expenses
of the partnering community schools and the number of the mills, if
any, to be levied for the current expenses of the qualifying school
district.

A
resolution adopted under this section shall go into immediate effect
upon its passage, and no publication of the resolution shall be
necessary other than that provided for in the notice of election. A
copy of the resolution shall immediately after its passing be
certified, along with the county auditor's certification provided
under section 5705.03 of the Revised Code, to the board of elections
of the proper county in the manner provided by section 5705.25 of the
Revised Code. That section shall govern the arrangements for the
submission of such question and other matters concerning the election
to which that section refers, including publication of notice of the
election, except that the election shall be held on the date
specified in the resolution. In the case of a resolution adopted
under division (B) of this section, the publication of notice of that
election shall state the number of the mills, if any, to be levied
for the current expenses of partnering community schools and the
number of the mills to be levied for the current expenses of the
qualifying school district. If a majority of the electors voting on
the question so submitted in an election vote in favor of the levy,
the board of education may make the necessary levy within the school
district or, in the case of a qualifying library levy for the support
of a library association or private corporation, within the
association library district, at the additional rate, or at any
lesser rate in excess of the ten-mill limitation on the tax list, for
the purpose stated in the resolution. A levy for a continuing period
of time may be reduced pursuant to section 5705.261 of the Revised
Code. The tax levy shall be included in the next tax budget that is
certified to the county budget commission.

(D)(1)
After the approval of a levy on the current tax list and duplicate
for current expenses, for recreational purposes, for community
centers provided for in section 755.16 of the Revised Code, or for a
public library of the district under division (A) of this section,
and prior to the time when the first tax collection from the levy can
be made, the board of education may anticipate a fraction of the
proceeds of the levy and issue anticipation notes in a principal
amount not exceeding fifty per cent of the total estimated proceeds
of the levy to be collected during the first year of the levy.

(2)
After the approval of a levy for general permanent improvements for a
specified number of years or for permanent improvements having the
purpose specified in division (F) of section 5705.19 of the Revised
Code, the board of education may anticipate a fraction of the
proceeds of the levy and issue anticipation notes in a principal
amount not exceeding fifty per cent of the total estimated proceeds
of the levy remaining to be collected in each year over a period of
five years after the issuance of the notes.

The
notes shall be issued as provided in section 133.24 of the Revised
Code, shall have principal payments during each year after the year
of their issuance over a period not to exceed five years, and may
have a principal payment in the year of their issuance.

(3)
After approval of a levy for general permanent improvements for a
continuing period of time, the board of education may anticipate a
fraction of the proceeds of the levy and issue anticipation notes in
a principal amount not exceeding fifty per cent of the total
estimated proceeds of the levy to be collected in each year over a
specified period of years, not exceeding ten, after the issuance of
the notes.

The
notes shall be issued as provided in section 133.24 of the Revised
Code, shall have principal payments during each year after the year
of their issuance over a period not to exceed ten years, and may have
a principal payment in the year of their issuance.

(4)
After the approval of a levy on the current tax list and duplicate
under division (B) of this section, and prior to the time when the
first tax collection from the levy can be made, the board of
education may anticipate a fraction of the proceeds of the levy for
the current expenses of the school district and issue anticipation
notes in a principal amount not exceeding fifty per cent of the
estimated proceeds of the levy to be collected during the first year
of the levy and allocated to the school district. The portion of the
levy proceeds to be allocated to partnering community schools under
that division shall not be included in the estimated proceeds
anticipated under this division and shall not be used to pay debt
charges on any anticipation notes.

The
notes shall be issued as provided in section 133.24 of the Revised
Code, shall have principal payments during each year after the year
of their issuance over a period not to exceed five years, and may
have a principal payment in the year of their issuance.

(E)
The submission of questions to the electors under this section is
subject to the limitation on the number of election dates established
by section 5705.214 of the Revised Code.

(F)
The board of education of any school district that levies a tax under
this section for the purpose of providing for school safety and
security may report to the department of education how the district
is using revenue from that tax.

The
board of education of any school district that proposes to levy a tax
for the purpose of providing for school safety and security may share
the proceeds of the tax with chartered nonpublic schools, as defined
by section 3310.01 of the Revised Code, that are located in the
territory of the school district as provided in this division. The
resolution levying the tax and the form of the ballot shall state
that proceeds from the levy are to be shared with chartered nonpublic
schools and shall state the percentage of the proceeds that is to be
shared with those schools.

If
a percentage of the proceeds of such a tax are to be shared with
chartered nonpublic schools under this division, such proceeds shall
be shared with all chartered nonpublic schools located in the
territory of the school district. Of the percentage of the proceeds
to be shared with chartered nonpublic schools, each such school shall
receive an amount that bears the same proportion of that percentage
that the number of resident students attending that school bears to
the total number of resident students attending all such schools in
the territory of the school district. For the purposes of this
section, a resident student is a student enrolled in a chartered
nonpublic school located in the territory of the school district who
is entitled to attend school in the school district under section
3313.64 or 3313.65 of the Revised Code.

All
proceeds of the levy shall be credited to a fund of the school
district created for that purpose, and the board of education shall
pay each chartered nonpublic school its share of the proceeds from
that fund not less frequently than once after each settlement of
taxes under divisions (A) and (C) of section 321.24 of the Revised
Code. Any chartered nonpublic school receiving payments under this
section shall use all of such payments only for providing for school
safety and security.

Sec.
5705.212.
(A)(1)
The board of education of any school district, at any time and by a
vote of two-thirds of all of its members, may declare by resolution
that the amount of taxes that may be raised within the ten-mill
limitation will be insufficient to provide an adequate amount for the
present and future requirements of the school district, that it is
necessary to levy not more than five taxes in excess of that
limitation for current expenses, and that each of the proposed taxes
first will be levied in a different year, over a specified period of
time. The board shall identify the taxes proposed under this section
as follows: the first tax to be levied shall be called the "original
tax." Each tax subsequently levied shall be called an
"incremental tax." The rate of each incremental tax shall
be identical, but the rates of such incremental taxes need not be the
same as the rate of the original tax. The resolution also shall state
that the question of these additional taxes shall be submitted to the
electors of the school district at a special election. The resolution
shall specify separately for each tax proposed: the amount of the
increase in rate that it is necessary to levy, expressed separately
for the original tax and each incremental tax; that the purpose of
the levy is for current expenses; the number of years during which
the original tax shall be in effect; a specification that the last
year in which the original tax is in effect shall also be the last
year in which each incremental tax shall be in effect; and the year
in which each tax first is proposed to be levied. The original tax
may be levied for any number of years not exceeding ten, or for a
continuing period of time. The resolution shall specify the date of
holding the special election, which shall not be earlier than ninety
days after the adoption and certification of the resolution and shall
be consistent with the requirements of section 3501.01 of the Revised
Code.

(2)
The board of education, by a vote of two-thirds of all of its
members, may adopt a resolution proposing to renew taxes levied other
than for a continuing period of time under division (A)(1) of this
section. Such a resolution shall provide for levying a tax and
specify all of the following:

(a)
That the tax shall be called and designated on the ballot as a
renewal levy;

(b)
The rate of the renewal tax, which shall be a single rate that
combines the rate of the original tax and each incremental tax into a
single rate. The rate of the renewal tax shall not exceed the
aggregate rate of the original and incremental taxes.

(c)
The number of years, not to exceed ten, that the renewal tax will be
levied, or that it will be levied for a continuing period of time;

(d)
That the purpose of the renewal levy is for current expenses;

(e)
Subject to the certification and notification requirements of section
5705.251 of the Revised Code, that the question of the renewal levy
shall be submitted to the electors of the school district at the
general election held during the last year the original tax may be
extended on the real and public utility property tax list and
duplicate or at a special election held during the ensuing year.

(3)
A resolution adopted under division (A)(1) or (2) of this section
shall go into immediate effect upon its adoption and no publication
of the resolution is necessary other than that provided for in the
notice of election. Immediately after its adoption, a copy of the
resolution shall be certified to the board of elections of the proper
county in the manner provided by division (A) of section 5705.251 of
the Revised Code, and that division shall govern the arrangements for
the submission of the question and other matters concerning the
election to which that section refers. The election shall be held on
the date specified in the resolution. If a majority of the electors
voting on the question so submitted in an election vote in favor of
the taxes or a renewal tax, the board of education, if the original
or a renewal tax is authorized to be levied for the current year,
immediately may make the necessary levy within the school district at
the authorized rate, or at any lesser rate in excess of the ten-mill
limitation, for the purpose stated in the resolution. No tax shall be
imposed prior to the year specified in the resolution as the year in
which it is first proposed to be levied. The rate of the original tax
and the rate of each incremental tax shall be cumulative, so that the
aggregate rate levied in any year is the sum of the rates of both the
original tax and all incremental taxes levied in or prior to that
year under the same proposal. A tax levied for a continuing period of
time under this section may be reduced pursuant to section 5705.261
of the Revised Code.

(B)
Notwithstanding section 133.30 of the Revised Code, after the
approval of a tax to be levied in the current or the succeeding year
and prior to the time when the first tax collection from that levy
can be made, the board of education may anticipate a fraction of the
proceeds of the levy and issue anticipation notes in an amount not to
exceed fifty per cent of the total estimated proceeds of the levy to
be collected during the first year of the levy. The notes shall be
sold as provided in Chapter 133. of the Revised Code. If anticipation
notes are issued, they shall mature serially and in substantially
equal amounts during each year over a period not to exceed five
years; and the amount necessary to pay the interest and principal as
the anticipation notes mature shall be deemed appropriated for those
purposes from the levy, and appropriations from the levy by the board
of education shall be limited each fiscal year to the balance
available in excess of that amount.

If
the auditor of state has certified a deficit pursuant to section
3313.483 of the Revised Code, the notes authorized under this section
may be sold in accordance with Chapter 133. of the Revised Code,
except that the board may sell the notes after providing a reasonable
opportunity for competitive bidding.

(C)(1)
The board of education of a qualifying school district, at any time
and by a vote of two-thirds of all its members, may declare by
resolution that it is necessary to levy not more than five taxes in
excess of the ten-mill limitation for the current expenses of
partnering community schools and, if any of the levy proceeds are so
allocated, of the school district, and that each of the proposed
taxes first will be levied in a different year, over a specified
period of time. A qualifying school district that is not a municipal
school district may allocate all of the levy proceeds to partnering
community schools. A municipal school district shall allocate a
portion of the levy proceeds to the current expenses of the district.
The board shall identify the taxes proposed under this division in
the same manner as in division (A)(1) of this section. The rate of
each incremental tax shall be identical, but the rates of such
incremental taxes need not be the same as the rate of the original
tax. In addition to the specifications required of the resolution in
division (A) of this section, the resolution shall state the number
of the mills to be levied each year for the current expenses of the
partnering community schools and the number of the mills, if any, to
be levied each year for the current expenses of the school district.
The number of mills for the current expenses of partnering community
schools shall be the same for each of the incremental taxes, and the
number of mills for the current expenses of the qualifying school
district shall be the same for each of the incremental taxes.

The
levy of taxes for the current expenses of a partnering community
school under division (C) of this section and the distribution of
proceeds from the tax by a qualifying school district to partnering
community schools is hereby determined to be a proper public purpose.

(2)
The board of education, by a vote of two-thirds of all of its
members, may adopt a resolution proposing to renew taxes levied other
than for a continuing period of time under division (C)(1) of this
section. In such a renewal levy, the rates allocated to the
qualifying school district and to partnering community schools each
may be increased or decreased or remain the same, and the total rate
may be
increased,

decreased
,

or remain the same. In addition to the requirements of division
(A)(2) of this section, the resolution shall state the number of the
mills to be levied for the current expenses of the partnering
community schools and the number of the mills to be levied for the
current expenses of the school district.

(3)
A resolution adopted under division (C)(1) or (2) of this section is
subject to the rules and procedures prescribed by division (A)(3) of
this section.

(4)
The proceeds of each tax levied under division (C)(1) or (2) of this
section shall be credited and distributed in the manner prescribed by
division (B)(3) of section 5705.21 of the Revised Code, and divisions
(B)(4), (5), and (6) of that section apply to taxes levied under
division (C) of this section.

(5)
Notwithstanding section 133.30 of the Revised Code, after the
approval of a tax to be levied under division (C)(1) or (2) of this
section, in the current or succeeding year and prior to the time when
the first tax collection from that levy can be made, the board of
education may anticipate a fraction of the proceeds of the levy for
the current expenses of the qualifying school district and issue
anticipation notes in a principal amount not exceeding fifty per cent
of the estimated proceeds of the levy to be collected during the
first year of the levy and allocated to the school district. The
portion of levy proceeds to be allocated to partnering community
schools shall not be included in the estimated proceeds anticipated
under this division and shall not be used to pay debt charges on any
anticipation notes.

The
notes shall be sold as provided in Chapter 133. of the Revised Code.
If anticipation notes are issued, they shall mature serially and in
substantially equal amounts during each year over a period not to
exceed five years. The amount necessary to pay the interest and
principal as the anticipation notes mature shall be deemed
appropriated for those purposes from the levy, and appropriations
from the levy by the board of education shall be limited each fiscal
year to the balance available in excess of that amount.

If
the auditor of state has certified a deficit pursuant to section
3313.483 of the Revised Code, the notes authorized under this section
may be sold in accordance with Chapter 133. of the Revised Code,
except that the board may sell the notes after providing a reasonable
opportunity for competitive bidding.

As
used in division (C) of this section, "qualifying school
district" and "partnering community schools" have the
same meanings as in section 5705.21 of the Revised Code.

(D)
The submission of questions to the electors under this section is
subject to the limitation on the number of election dates established
by section 5705.214 of the Revised Code.

(E)
When a school board certifies a resolution to the county auditor
under division (B)(1) of section 5705.03 of the Revised Code
proposing to levy a tax under division (A)(1) or (C)(1) of this
section, the county auditor shall certify, in addition to the other
information the auditor is required to certify under that section, an
estimate of both the levy's annual collections for the tax year for
which the original tax applies and the levies' aggregate annual
collections for the tax year for which the final incremental tax
applies, in both cases rounded to the nearest dollar, which shall be
calculated assuming that the amount of the tax list of the taxing
authority remains throughout the life of the levy the same as the
amount of the tax list most recently certified by the county auditor
under division (A) of section 319.28 of the Revised Code. If a school
district is located in more than one county, the county auditor shall
obtain from the county auditor of each other county in which the
district is located the current tax valuation for the portion of the
district in that county.

Sec.
5705.213.
(A)(1)
The board of education of any school district, at any time and by a
vote of two-thirds of all of its members, may declare by resolution
that the amount of taxes that may be raised within the ten-mill
limitation will be insufficient to provide an adequate amount for the
present and future requirements of the school district and that it is
necessary to levy a tax in excess of that limitation for current
expenses. The resolution also shall state that the question of the
additional tax shall be submitted to the electors of the school
district at a special election. The resolution shall specify, for
each year the levy is in effect, the amount of money that the levy is
proposed to raise, which may, for years after the first year the levy
is made, be expressed in terms of a dollar or percentage increase
over the prior year's amount. The resolution also shall specify that
the purpose of the levy is for current expenses, the number of years
during which the tax shall be in effect which may be for any number
of years not exceeding ten, and the year in which the tax first is
proposed to be levied. The resolution shall specify the date of
holding the special election, which shall not be earlier than
ninety-five days after the adoption and certification of the
resolution to the county auditor and not earlier than ninety days
after certification to the board of elections. The date of the
election shall be consistent with the requirements of section 3501.01
of the Revised Code.

(2)
The board of education, by a vote of two-thirds of all of its
members, may adopt a resolution proposing to renew a tax levied under
division (A)(1) of this section. Such a resolution shall provide for
levying a tax and specify all of the following:

(a)
That the tax shall be called and designated on the ballot as a
renewal levy;

(b)
The amount of the renewal tax, which shall be no more than the amount
of tax levied during the last year the tax being renewed is
authorized to be in effect;

(c)
The number of years, not to exceed ten, that the renewal tax will be
levied, or that it will be levied for a continuing period of time;

(d)
That the purpose of the renewal levy is for current expenses;

(e)
Subject to the certification and notification requirements of section
5705.251 of the Revised Code, that the question of the renewal levy
shall be submitted to the electors of the school district at the
general election held during the last year the tax being renewed may
be extended on the real and public utility property tax list and
duplicate or at a special election held during the ensuing year.

(3)
A resolution adopted under division (A)(1) or (2) of this section
shall go into immediate effect upon its adoption and no publication
of the resolution is necessary other than that provided for in the
notice of election. Immediately after its adoption, a copy of the
resolution shall be certified to the county auditor of the proper
county, who shall, within ten days, calculate and certify to the
board of education the estimated levy, for the first year, and for
each subsequent year for which the tax is proposed to be in effect.
The estimates shall be made both in mills for each one dollar of
taxable value and in dollars for each one hundred thousand dollars of
the county auditor's
appraised

market

value.
In making the estimates, the auditor shall assume that the amount of
the tax list remains throughout the life of the levy, the same as the
tax list most recently certified by the county auditor under division
(A) of section 319.28 of the Revised Code.

If
the board desires to proceed with the submission of the question, it
shall certify its resolution, with the estimated tax levy expressed
in mills for each one dollar of taxable value and dollars for each
one hundred thousand dollars of the county auditor's
appraised

market

value
for each year that the tax is proposed to be in effect, to the board
of elections of the proper county in the manner provided by division
(A) of section 5705.251 of the Revised Code. Section 5705.251 of the
Revised Code shall govern the arrangements for the submission of the
question and other matters concerning the election to which that
section refers. The election shall be held on the date specified in
the resolution. If a majority of the electors voting on the question
so submitted in an election vote in favor of the tax, and if the tax
is authorized to be levied for the current year, the board of
education immediately may make the additional levy necessary to raise
the amount specified in the resolution or a lesser amount for the
purpose stated in the resolution.

(4)
The submission of questions to the electors under this section is
subject to the limitation on the number of election dates established
by section 5705.214 of the Revised Code.

(B)
Notwithstanding section 133.30 of the Revised Code, after the
approval of a tax to be levied in the current or the succeeding year
and prior to the time when the first tax collection from that levy
can be made, the board of education may anticipate a fraction of the
proceeds of the levy and issue anticipation notes in an amount not to
exceed fifty per cent of the total estimated proceeds of the levy to
be collected during the first year of the levy. The notes shall be
sold as provided in Chapter 133. of the Revised Code. If anticipation
notes are issued, they shall mature serially and in substantially
equal amounts during each year over a period not to exceed five
years; and the amount necessary to pay the interest and principal as
the anticipation notes mature shall be deemed appropriated for those
purposes from the levy, and appropriations from the levy by the board
of education shall be limited each fiscal year to the balance
available in excess of that amount.

If
the auditor of state has certified a deficit pursuant to section
3313.483 of the Revised Code, the notes authorized under this section
may be sold in accordance with Chapter 133. of the Revised Code,
except that the board may sell the notes after providing a reasonable
opportunity for competitive bidding.

Sec.
5705.215.
(A)
The governing board of an educational service center that is the
taxing authority of a county school financing district, upon receipt
of identical resolutions adopted within a sixty-day period by a
majority of the members of the board of education of each school
district that is within the territory of the county school financing
district, may submit a tax levy to the electors of the territory in
the same manner as a school board may submit a levy under division
(C) of section 5705.21 of the Revised Code, except that:

(1)
The levy may be for a period not to exceed ten years, or, if the levy
is solely for the purpose or purposes described in division
(A)(2)(a), (c), or (f) of this section, for a continuing period of
time.

(2)
The purpose of the levy shall be one or more of the following:

(a)
For current expenses for the provision of special education and
related services within the territory of the district;

(b)
For permanent improvements within the territory of the district for
special education and related services;

(c)
For current expenses for specified educational programs within the
territory of the district;

(d)
For permanent improvements within the territory of the district for
specified educational programs;

(e)
For permanent improvements within the territory of the district;

(f)
For current expenses for school safety and security and mental health
services, including training and employment of or contracting for the
services of safety personnel, mental health personnel, social
workers, and counselors.

(B)
If the levy provides for but is not limited to current expenses, the
resolutions shall apportion the annual rate of the levy between
current expenses and the other purposes. The apportionment need not
be the same for each year of the levy, but the respective portions of
the rate actually levied each year for current expenses and the other
purposes shall be limited by that apportionment.

(C)
Prior to the application of section 319.301 of the Revised Code, the
rate of a levy that is limited to, or to the extent that it is
apportioned to, purposes other than current expenses shall be reduced
in the same proportion in which the district's total valuation
increases during the life of the levy because of additions to such
valuation that have resulted from improvements added to the tax list
and duplicate.

(D)
After the approval of a county school financing district levy under
this section, the taxing authority may anticipate a fraction of the
proceeds of such levy and may from time to time during the life of
such levy, but in any given year prior to the time when the tax
collection from such levy can be made for that year, issue
anticipation notes in an amount not exceeding fifty per cent of the
estimated proceeds of the levy to be collected in each year up to a
period of five years after the date of the issuance of such notes,
less an amount equal to the proceeds of such levy obligated for each
year by the issuance of anticipation notes, provided that the total
amount maturing in any one year shall not exceed fifty per cent of
the anticipated proceeds of the levy for that year. Each issue of
notes shall be sold as provided in Chapter 133. of the Revised Code,
and shall, except for the limitation that the total amount of such
notes maturing in any one year shall not exceed fifty per cent of the
anticipated proceeds of such levy for that year, mature serially in
substantially equal installments during each year over a period not
to exceed five years after their issuance.

(E)(1)
In a resolution to be submitted to the taxing authority of a county
school financing district under division (A) of this section calling
for a ballot issue on the question of the levying of a tax for a
continuing period of time by the taxing authority, the board of
education of a school district that is part of the territory of the
county school financing district also may propose to reduce the rate
of one or more of that school district's property taxes levied for a
continuing period of time in excess of the ten-mill limitation. The
reduction in the rate of a property tax may be any amount, not
exceeding the rate at which the tax is authorized to be levied. The
reduction in the rate of a tax shall first take effect in the same
year that the county school financing district tax takes effect, and
shall continue for each year that the county school financing
district tax is in effect. A board of education's resolution
proposing to reduce the rate of one or more of its school district
property taxes shall, in addition to including information required
for a resolution under division (B)(1) of section 5705.03 of the
Revised Code, specifically identify each such tax and shall state for
each tax the maximum rate at which it currently may be levied and the
maximum rate at which it could be levied after the proposed
reduction, expressed in mills for each one dollar of taxable value.

Before
submitting the resolution to the taxing authority of the county
school financing district, the board of education of the school
district shall certify a copy of it to the tax commissioner and the
county auditor. The county auditor shall certify to the board all
information required under division (B)(2) of section 5705.03 of the
Revised Code, in the manner required under that division, and both of
the following:

(a)
An estimate of the levy's annual collections beginning for the first
year for which the reduction applies, rounded to the nearest dollar,
which shall be calculated assuming that the amount of the tax list of
the taxing authority remains throughout the life of the reduced levy
the same as the amount of the tax list most recently certified by the
county auditor under division (A) of section 319.28 of the Revised
Code.

If
a school district is located in more than one county, the county
auditor shall obtain from the county auditor of each other county in
which the district is located the current tax valuation for the
portion of the district in that county.

(b)
The effective rate of the levy for the last year before the proposed
reduction and the first year that the reduction applies, both
expressed in dollars for each one hundred thousand dollars of the
county auditor's
appraised

market

value.

The
tax commissioner, within ten days of receiving the resolution, shall
certify to the board the reduction in the school district's total
effective tax rate for each class of property that would have
resulted if the proposed reduction in the rate or rates had been in
effect the previous year. As used in this paragraph, "effective
tax rate" has the same meaning as in section 323.08 of the
Revised Code.

After
receiving these certifications from the commissioner and the auditor,
the board may amend its resolution to change the proposed property
tax rate reduction before submitting the resolution to the financing
district taxing authority, provided the board certifies a copy of the
amended resolution to the county auditor with a request to provide
the information required under divisions (E)(1)(a) and (b) of this
section and the auditor transmits that information to the taxing
authority.

If
the board of education of a school district that is part of the
territory of a county school financing district adopts a resolution
proposing to reduce the rate of one or more of its property taxes in
conjunction with the levying of a tax by the financing district, the
resolution submitted by the board to the taxing authority of the
financing district under division (A) of this section does not have
to be identical in this respect to the resolutions submitted by the
boards of education of the other school districts that are part of
the territory of the county school financing district.

(2)
Each school district that is part of the territory of a county school
financing district may tailor to its own situation a proposed
reduction in one or more property tax rates in conjunction with the
proposed levying of a tax by the county school financing district; if
one such school district proposes a reduction in one or more tax
rates, another school district may propose a reduction of a different
size or may propose no reduction. Within each school district that is
part of the territory of the county school financing district, the
electors shall vote on one ballot issue combining the question of the
levying of the tax by the taxing authority of the county school
financing district with, if any such reduction is proposed, the
question of the reduction in the rate of one or more taxes of the
school district. If a majority of the electors of the county school
financing district voting on the question of the proposed levying of
a tax by the taxing authority of the financing district vote to
approve the question, any tax reductions proposed by school districts
that are part of the territory of the financing district also are
approved.

(3)
The form of the ballot for an issue proposing to levy a county school
financing district tax in conjunction with the reduction of the rate
of one or more school district taxes shall be as follows:

"Shall
the _______ (name of the county school financing district) be
authorized to levy an additional tax for _______ (purpose stated in
the resolutions), that the county auditor estimates will collect
$_____ annually, at a rate not exceeding _______ mills for each $1 of
taxable value, which amounts to $_______ for each $100,000 of the
county auditor's
appraised

market

value,
for a continuing period of time? If the county school financing
district tax is approved, the rate of an existing tax currently
levied by the _______ (name of the school district of which the
elector is a resident) at the rate of _______ mills shall be reduced
to _______ mills for each $1 of taxable value, which amounts to a
reduction from $_______ (effective rate) to $_______ (effective rate)
for each $100,000 of the county auditor's
appraised

market

value,
that the county auditor estimates will collect $_____ annually, until
any such time as the county school financing district tax is
decreased or repealed.

FOR
THE TAX LEVY

AGAINST
THE TAX LEVY

"

If
the board of education of the school district proposes to reduce the
rate of more than one of its existing taxes, the second sentence of
the ballot language shall be modified for residents of that district
to express the rates and effective rates at which those taxes
currently are levied and the rates and effective rates to which they
would be reduced as well as each levy's estimated annual collections,
as provided by the county auditor under division (E)(1)(a) of this
section. If the board of education of the school district does not
propose to reduce the rate of any of its taxes, the second sentence
of the ballot language shall not be used for residents of that
district. In any case, the first sentence of the ballot language
shall be the same for all the electors in the county school financing
district, but the second sentence shall be different in each school
district depending on whether and in what amount the board of
education of the school district proposes to reduce the rate of one
or more of its property taxes.

(4)
If the rate of a school district property tax is reduced pursuant to
this division, the tax commissioner shall compute the percentage
required to be computed for that tax under division (D) of section
319.301 of the Revised Code each year the rate is reduced as if the
tax had been levied in the preceding year at the rate to which it has
been reduced. If the reduced rate of a tax is increased under
division (E)(5) of this section, the commissioner shall compute the
percentage required to be computed for that tax under division (D) of
section 319.301 of the Revised Code each year the rate is increased
as if the tax had been levied in the preceding year at the rate to
which it has been increased.

(5)
After the levying of a county school financing district tax in
conjunction with the reduction of the rate of one or more school
district taxes is approved by the electors under this division, if
the rate of the county school financing district tax is decreased
pursuant to an election under section 5705.261 of the Revised Code,
the rate of each school district tax that had been reduced shall be
increased by the number of mills obtained by multiplying the number
of mills of the original reduction by the same percentage that the
financing district tax rate is decreased. If the county school
financing district tax is repealed pursuant to an election under
section 5705.261 of the Revised Code, each school district may resume
levying the property taxes that had been reduced at the full rate
originally approved by the electors. A reduction in the rate of a
school district property tax under this division is a reduction in
the rate at which the board of education may levy that tax only for
the period during which the county school financing district tax is
levied prior to any decrease or repeal under section 5705.261 of the
Revised Code. The resumption of the authority of the board of
education to levy an increased or the full rate of tax does not
constitute the levying of a new tax in excess of the ten-mill
limitation.

(F)
If a county school financing district has a tax in effect under this
section, the territory of a city, local, or exempted village school
district that is not a part of the county school financing district
shall not become a part of the county school financing district
unless approved by the electors of the city, local, or exempted
village school district in accordance with division (C) of section
3311.50 of the Revised Code.

Sec.
5705.217.
(A)
The board of education of a city, local, or exempted village school
district, at any time by a vote of two-thirds of all its members, may
declare by resolution that the amount of taxes that can be raised
within the ten-mill limitation will be insufficient to provide an
adequate amount for the present and future requirements of the school
district; that it is necessary to levy an additional tax in excess of
that limitation for the purposes of providing funds for current
operating expenses and for general permanent improvements as defined
in section 5705.21 of the Revised Code; and that the question of the
tax shall be submitted to the electors of the district at a special
election. The tax may be levied for a specified number of years not
exceeding five or for a continuing period of time. The resolution
shall specify the proposed tax rate, the first year the tax will be
levied, and the number of years it will be levied, or that it will be
levied for a continuing period of time. The resolution shall
apportion the annual rate of the tax between current operating
expenses and permanent improvements. The apportionment may but need
not be the same for each year of the tax, but the respective portions
of the rate actually levied each year for current operating expenses
and permanent improvements shall be limited by the apportionment.

The
resolution shall specify the date of holding the special election,
which shall not be earlier than ninety days after certification of
the resolution to the board of elections and shall be consistent with
the requirements of section 3501.01 of the Revised Code. The
resolution shall go into immediate effect upon its passage, and no
publication of it is necessary other than that provided in the notice
of election. The board of education shall certify a copy of the
resolution to the board of elections immediately after its adoption.
Section 5705.25 of the Revised Code governs the arrangements and form
of the ballot for the submission of the question to the electors.

If
a majority of the electors voting on the question vote in favor of
the tax, the board of education may make the levy at the additional
rate, or at any lesser rate in excess of the ten-mill limitation. If
the tax is for a continuing period of time, it may be decreased in
accordance with section 5705.261 of the Revised Code.

A
board of education may adopt a resolution to renew one or more
existing levies imposed under this section, or to
increase
or
decrease
the rate of a tax levied under this section, for the purpose of
providing funds for either current expenses and general permanent
improvements or solely for general permanent improvements.

(B)(1)
After the approval of a tax for current operating expenses under this
section and prior to the time the first collection and distribution
from the levy can be made, the board of education may anticipate a
fraction of the proceeds of such levy and issue anticipation notes in
a principal amount not exceeding fifty per cent of the total
estimated proceeds of the tax to be collected during the first year
of the levy.

(2)
After the approval of a tax for general permanent improvements levied
under this section for a specified number of years, the board of
education may anticipate a fraction of the proceeds of such tax and
issue anticipation notes in a principal amount not exceeding fifty
per cent of the total estimated proceeds of the tax remaining to be
collected in each year over a specified period of years, not
exceeding the number of years for which the tax was levied, after
issuance of the notes.

(3)
After the approval of a tax for general permanent improvements levied
under this section for a continuing period of time, the board of
education may anticipate a fraction of the proceeds of such tax and
issue anticipation notes in a principal amount not exceeding fifty
per cent of the total estimated proceeds of the tax to be collected
in each year over a specified period of years, not exceeding ten,
after issuance of the notes.

Anticipation
notes under this section shall be issued as provided in section
133.24 of the Revised Code. Notes issued under division (B)(1) or (2)
of this section shall have principal payments during each year after
the year of their issuance over a period not to exceed five years,
and may have a principal payment in the year of their issuance. Notes
issued under division (B)(3) of this section shall have principal
payments during each year after the year of their issuance over a
period not to exceed ten years, and may have a principal payment in
the year of their issuance.

(C)
The submission of a question to the electors under this section is
subject to the limitation on the number of elections that can be held
in a year under section 5705.214 of the Revised Code.

Sec.
5705.218.
(A)
The board of education of a city, local, or exempted village school
district, at any time by a vote of two-thirds of all its members, may
declare by resolution that it may be necessary for the school
district to issue general obligation bonds for permanent
improvements. The resolution shall state all of the following:

(1)
The necessity and purpose of the bond issue;

(2)
The date of the special election at which the question shall be
submitted to the electors;

(3)
The amount, approximate date, estimated rate of interest, and maximum
number of years over which the principal of the bonds may be paid;

(4)
The necessity of levying a tax outside the ten-mill limitation to pay
debt charges on the bonds and any anticipatory securities.

On
adoption of the resolution, the board shall certify a copy of it to
the county auditor. The county auditor promptly shall estimate and
certify to the board the average annual property tax rate, expressed
in mills for each one dollar of taxable value and in dollars for each
one hundred thousand dollars of the county auditor's
appraised

market

value,
required throughout the stated maturity of the bonds to pay debt
charges on the bonds in the same manner as under division (C) of
section 133.18 of the Revised Code.

(B)
After receiving the county auditor's certification under division (A)
of this section, the board of education of the city, local, or
exempted village school district, by a vote of two-thirds of all its
members, may declare by resolution that the amount of taxes that can
be raised within the ten-mill limitation will be insufficient to
provide an adequate amount for the present and future requirements of
the school district; that it is necessary to issue general obligation
bonds of the school district for permanent improvements and to levy
an additional tax in excess of the ten-mill limitation to pay debt
charges on the bonds and any anticipatory securities; that it is
necessary for a specified number of years or for a continuing period
of time to levy additional taxes in excess of the ten-mill limitation
to provide funds for the acquisition, construction, enlargement,
renovation, and financing of permanent improvements or to pay for
current operating expenses, or both; and that the question of the
bonds and taxes shall be submitted to the electors of the school
district at a special election, which shall not be earlier than
ninety days after certification of the resolution to the board of
elections, and the date of which shall be consistent with section
3501.01 of the Revised Code. The resolution shall specify all of the
following:

(1)
The county auditor's estimate of the average annual property tax rate
required throughout the stated maturity of the bonds to pay debt
charges on the bonds;

(2)
The proposed rate of the tax, if any, for current operating expenses
expressed in mills for each one dollar of taxable value and in
dollars for each one hundred thousand dollars of the county auditor's

appraised

market

value,
the first year the tax will be levied, and the number of years it
will be levied, or that it will be levied for a continuing period of
time;

(3)
The proposed rate of the tax, if any, for permanent improvements
expressed in mills for each one dollar of taxable value and in
dollars for each one hundred thousand dollars of the county auditor's

appraised

market

value,
the first year the tax will be levied, and the number of years it
will be levied, or that it will be levied for a continuing period of
time.

The
resolution shall apportion the annual rate of the tax between current
operating expenses and permanent improvements, if both taxes are
proposed. The apportionment may but need not be the same for each
year of the tax, but the respective portions of the rate actually
levied each year for current operating expenses and permanent
improvements shall be limited by the apportionment. The resolution
shall go into immediate effect upon its passage, and no publication
of it is necessary other than that provided in the notice of
election. The board of education shall certify a copy of the
resolution, along with copies of the auditor's estimates and its
resolution under division (A) of this section, to the board of
elections immediately after its adoption.

(C)
The board of elections shall make the arrangements for the submission
to the electors of the school district of the question proposed under
division (B) or (J) of this section, and the election shall be
conducted, canvassed, and certified in the same manner as regular
elections in the district for the election of county officers. The
resolution shall be put before the electors as one ballot question,
with a favorable vote indicating approval of the bond issue, the levy
to pay debt charges on the bonds and any anticipatory securities, the
current operating expenses levy, the permanent improvements levy, and
the levy for the current expenses of a qualifying school district and
of partnering community schools, as those levies may be proposed. The
board of elections shall publish notice of the election in a
newspaper of general circulation in the school district once a week
for two consecutive weeks, or as provided in section 7.16 of the
Revised Code, prior to the election. If a board of elections operates
and maintains a web site, that board also shall post notice of the
election on its web site for thirty days prior to the election. The
notice of election shall state all of the following:

(1)
The principal amount of the proposed bond issue;

(2)
The permanent improvements for which the bonds are to be issued;

(3)
The maximum number of years over which the principal of the bonds may
be paid;

(4)
The estimated additional average annual property tax rate to pay the
debt charges on the bonds, as certified by the county auditor and
expressed in mills for each one dollar of taxable value and in
dollars for each one hundred thousand dollars of the county auditor's

appraised

market

value;

(5)
The proposed rate of the additional tax, if any, for current
operating expenses expressed in mills for each one dollar of taxable
value and in dollars for each one hundred thousand dollars of the
county auditor's
appraised

market

value
and, if the question is proposed under division (J) of this section,
the portion of the rate to be allocated to the school district and
the portion to be allocated to partnering community schools;

(6)
The number of years the current operating expenses tax will be in
effect, or that it will be in effect for a continuing period of time;

(7)
The proposed rate of the additional tax, if any, for permanent
improvements expressed in mills for each one dollar of taxable value
and in dollars for each one hundred thousand dollars of the county
auditor's
appraised

market

value;

(8)
The number of years the permanent improvements tax will be in effect,
or that it will be in effect for a continuing period of time;

(9)
The annual estimated collections, if applicable, of the current
operating expenses levy and permanent improvements levy, as certified
by the county auditor;

(10)
The time and place of the special election.

(D)
The form of the ballot for an election under this section is as
follows:

"Shall
the __________ school district be authorized to do the following:

(1)
Issue bonds for the purpose of __________ in the principal amount of
$______, to be repaid annually over a maximum period of ______ years,
and levy a property tax outside the ten-mill limitation, estimated by
the county auditor to average over the bond repayment period ______
mills for each $1 of taxable value, which amounts to $______ for each
$100,000 of the county auditor's
appraised

market

value,
to pay the annual debt charges on the bonds, and to pay debt charges
on any notes issued in anticipation of those bonds?"

If
either a levy for permanent improvements or a levy for current
operating expenses is proposed, or both are proposed, the ballot also
shall contain the following language, as appropriate:

"(2)
Levy an additional property tax to provide funds for the acquisition,
construction, enlargement, renovation, and financing of permanent
improvements, that the county auditor estimates will collect $_____
annually, at a rate not exceeding _______ mills for each $1 of
taxable value, which amounts to $_______ for each $100,000 of the
county auditor's
appraised

market

value,
for ______ (number of years of the levy, or a continuing period of
time)?

(3)
Levy an additional property tax to pay current operating expenses,
that the county auditor estimates will collect $_____ annually, at a
rate not exceeding _______ mills for each $1 of taxable value, which
amounts to $_______ for each $100,000 of the county auditor's

appraised

market

value,
for _______ (number of years of the levy, or a continuing period of
time)?

FOR
THE BOND ISSUE AND LEVY (OR LEVIES)

AGAINST
THE BOND ISSUE AND LEVY (OR LEVIES)

"

If
the question is proposed under division (J) of this section, the form
of the ballot shall be modified as prescribed by division (J)(4) of
this section.

(E)
The board of elections promptly shall certify the results of the
election to the tax commissioner and the county auditor of the county
in which the school district is located. If a majority of the
electors voting on the question vote for it, the board of education
may proceed with issuance of the bonds and with the levy and
collection of the property tax or taxes at the additional rate or any
lesser rate in excess of the ten-mill limitation. Any securities
issued by the board of education under this section are Chapter 133.
securities, as that term is defined in section 133.01 of the Revised
Code.

(F)(1)
After the approval of a tax for current operating expenses under this
section and prior to the time the first collection and distribution
from the levy can be made, the board of education may anticipate a
fraction of the proceeds of such levy and issue anticipation notes in
a principal amount not exceeding fifty per cent of the total
estimated proceeds of the tax to be collected during the first year
of the levy.

(2)
After the approval of a tax under this section for permanent
improvements having a specific purpose, the board of education may
anticipate a fraction of the proceeds of such tax and issue
anticipation notes in a principal amount not exceeding fifty per cent
of the total estimated proceeds of the tax remaining to be collected
in each year over a period of five years after issuance of the notes.

(3)
After the approval of a tax under this section for general permanent
improvements as defined under section 5705.21 of the Revised Code,
the board of education may anticipate a fraction of the proceeds of
such tax and issue anticipation notes in a principal amount not
exceeding fifty per cent of the total estimated proceeds of the tax
to be collected in each year over a specified period of years, not
exceeding ten, after issuance of the notes.

Anticipation
notes under this section shall be issued as provided in section
133.24 of the Revised Code. Notes issued under division (F)(1) or (2)
of this section shall have principal payments during each year after
the year of their issuance over a period not to exceed five years,
and may have a principal payment in the year of their issuance. Notes
issued under division (F)(3) of this section shall have principal
payments during each year after the year of their issuance over a
period not to exceed ten years, and may have a principal payment in
the year of their issuance.

(G)
A tax for current operating expenses or for permanent improvements
levied under this section for a specified number of years may be
renewed
or
replaced
in
the same manner as a tax for current operating expenses or for
permanent improvements levied under section 5705.21 of the Revised
Code. A tax for current operating expenses or for permanent
improvements levied under this section for a continuing period of
time may be decreased in accordance with section 5705.261 of the
Revised Code.

(H)
The submission of a question to the electors under this section is
subject to the limitation on the number of elections that can be held
in a year under section 5705.214 of the Revised Code.

(I)
A school district board of education proposing a ballot measure under
this section to generate local resources for a project under the
school building assistance expedited local partnership program under
section 3318.36 of the Revised Code may combine the questions under
division (D) of this section with a question for the levy of a
property tax to generate moneys for maintenance of the classroom
facilities acquired under that project as prescribed in section
3318.361 of the Revised Code.

(J)(1)
After receiving the county auditor's certifications under division
(A) of this section, the board of education of a qualifying school
district, by a vote of two-thirds of all its members, may declare by
resolution that it is necessary to levy a tax in excess of the
ten-mill limitation for the purpose of paying the current expenses of
the school district and of partnering community schools, as defined
in section 5705.21 of the Revised Code; that it is necessary to issue
general obligation bonds of the school district for permanent
improvements of the district and to levy an additional tax in excess
of the ten-mill limitation to pay debt charges on the bonds and any
anticipatory securities; and that the question of the bonds and taxes
shall be submitted to the electors of the school district at a
special election, which shall not be earlier than ninety days after
certification of the resolution to the board of elections, and the
date of which shall be consistent with section 3505.01 of the Revised
Code.

The
levy of taxes for the current expenses of a partnering community
school under division (J) of this section and the distribution of
proceeds from the tax by a qualifying school district to partnering
community schools is hereby determined to be a proper public purpose.

(2)
The tax for the current expenses of the school district and of
partnering community schools is subject to the requirements of
divisions (B)(3), (4), and (5) of section 5705.21 of the Revised
Code.

(3)
In addition to the required specifications of the resolution under
division (B) of this section, the resolution shall express the rate
of the tax in mills for each one dollar of taxable value and in
dollars for each one hundred thousand dollars of the county auditor's

appraised

market

value,
state the number of the mills to be levied for the current expenses
of the partnering community schools and the number of the mills to be
levied for the current expenses of the school district, specify the
number of years (not exceeding ten) the tax will be levied or that it
will be levied for a continuing period of time, and state the first
year the tax will be levied.

The
resolution shall go into immediate effect upon its passage, and no
publication of it is necessary other than that provided in the notice
of election. The board of education shall certify a copy of the
resolution, along with copies of the auditor's estimate and its
resolution under division (A) of this section, to the board of
elections immediately after its adoption.

(4)
The form of the ballot shall be modified by replacing the ballot form
set forth in division (D)(3) of this section with the following:

"Levy
an additional property tax for the purpose of the current expenses of
the school district and of partnering community schools, that the
county auditor estimates will collect $_____ annually, at a rate not
exceeding ______ mills for each $1 of taxable value (of which ______
(insert the number of mills to be allocated to partnering community
schools) mills is to be allocated to partnering community schools),
which amounts to $______ for each $100,000 of the county auditor's

appraised

market

value,
for ______ (insert the number of years the levy is to be imposed, or
that it will be levied for a continuing period of time)?

FOR
THE BOND ISSUE AND LEVY (OR LEVIES)

AGAINST
THE BOND ISSUE AND LEVY (OR LEVIES)

"

(5)
After the approval of a tax for the current expenses of the school
district and of partnering community schools under division (J) of
this section, and prior to the time the first collection and
distribution from the levy can be made, the board of education may
anticipate a fraction of the proceeds of the levy for the current
expenses of the school district and issue anticipation notes in a
principal amount not exceeding fifty per cent of the estimated
proceeds of the levy to be collected during the first year of the
levy and allocated to the school district. The portion of levy
proceeds to be allocated to partnering community schools shall not be
included in the estimated proceeds anticipated under this division
and shall not be used to pay debt charges on any anticipation notes.

The
notes shall be issued as provided in section 133.24 of the Revised
Code, shall have principal payments during each year after the year
of their issuance over a period not to exceed five years, and may
have a principal payment in the year of their issuance.

(6)
A tax for the current expenses of the school district and of
partnering community schools levied under division (J) of this
section for a specified number of years may be renewed
or
replaced
in
the same manner as a tax for the current expenses of a school
district and of partnering community schools levied under division
(B) of section 5705.21 of the Revised Code. A tax for the current
expenses of the school district and of partnering community schools
levied under this division for a continuing period of time may be
decreased in accordance with section 5705.261 of the Revised Code.

(7)
The proceeds from the issuance of the general obligation bonds under
division (J) of this section shall be used solely to pay for
permanent improvements of the school district and not for permanent
improvements of partnering community schools.

Sec.
5705.219.
(A)
As used in this section:

(1)
"Eligible school district" means a city, local, or exempted
village school district in which the taxes charged and payable for
current expenses on residential/agricultural real property in the tax
year preceding the year in which the levy authorized by this section
will be submitted for elector approval or rejection are greater than
two per cent of the taxable value of the residential/agricultural
real property.

(2)
"Residential/agricultural real property" and
"nonresidential/agricultural real property" means the
property classified as such under section 5713.041 of the Revised
Code.

(3)
"Effective tax rate" and "taxes charged and payable"
have the same meanings as in division (B) of section 319.301 of the
Revised Code.

(B)
On or after January 1, 2010, but before January 1, 2015, the board of
education of an eligible school district, by a vote of two-thirds of
all its members, may adopt a resolution proposing to convert existing
levies imposed for the purpose of current expenses into a levy
raising a specified amount of tax money by repealing all or a portion
of one or more of those existing levies and imposing a levy in excess
of the ten-mill limitation that will raise a specified amount of
money for current expenses of the district.

The
board of education shall certify a copy of the resolution to the tax
commissioner not later than one hundred five days before the election
upon which the repeal and levy authorized by this section will be
proposed to the electors. Within ten days after receiving the copy of
the resolution, the tax commissioner shall determine each of the
following and certify the determinations to the board of education:

(1)
The dollar amount to be raised by the proposed levy, which shall be
the product of:

(a)
The difference between the aggregate effective tax rate for
residential/agricultural real property for the tax year preceding the
year in which the repeal and levy will be proposed to the electors
and twenty mills for each one dollar of taxable value;

(b)
The total taxable value of all property on the tax list of real and
public utility property for the tax year preceding the year in which
the repeal and levy will be proposed to the electors.

(2)
The estimated tax rate of the proposed levy.

(3)
The existing levies and any portion of an existing levy to be
repealed upon approval of the question. Levies shall be repealed in
reverse chronological order from most recently imposed to least
recently imposed until the sum of the effective tax rates repealed
for residential/agricultural real property is equal to the difference
calculated in division (B)(1)(a) of this section.

(4)
The sum of the following:

(a)
The total taxable value of nonresidential/agricultural real property
for the tax year preceding the year in which the repeal and levy will
be proposed to the electors multiplied by the difference between (i)
the aggregate effective tax rate for nonresidential/agricultural real
property for the existing levies and any portion of an existing levy
to be repealed and (ii) the amount determined under division
(B)(1)(a) of this section, but not less than zero;

(b)
The total taxable value of public utility tangible personal property
for the tax year preceding the year in which the repeal and levy will
be proposed to the electors multiplied by the difference between (i)
the aggregate voted tax rate for the existing levies and any portion
of an existing levy to be repealed and (ii) the amount determined
under division (B)(1)(a) of this section, but not less than zero.

(C)
Upon receipt of the certification from the tax commissioner under
division (B) of this section, a majority of the members of the board
of education may adopt a resolution proposing the repeal of the
existing levies as identified in the certification and the imposition
of a levy in excess of the ten-mill limitation that will raise
annually the amount certified by the commissioner. If the board
determines that the tax should be for an amount less than that
certified by the commissioner, the board may request that the
commissioner redetermine the rate under division (B)(2) of this
section on the basis of the lesser amount the levy is to raise as
specified by the board. The amount certified under division (B)(4)
and the levies to be repealed as certified under division (B)(3) of
this section shall not be redetermined. Within ten days after
receiving a timely request specifying the lesser amount to be raised
by the levy, the commissioner shall redetermine the rate and
recertify it to the board as otherwise provided in division (B) of
this section. Only one such request may be made by the board of
education of an eligible school district.

The
resolution shall state the first calendar year in which the levy will
be due; the existing levies and any portion of an existing levy that
will be repealed, as certified by the commissioner; the term of the
levy expressed in years, which may be any number not exceeding ten,
or that it will be levied for a continuing period of time; and the
date of the election, which shall be the date of a primary or general
election.

Immediately
upon its passage, the resolution shall go into effect and shall be
certified by the board of education to the county auditor of the
proper county. The county auditor and the board of education shall
proceed as required under section 5705.195 of the Revised Code
,
as that section existed before the effective date of its repeal by
this act
.
No publication of the resolution is necessary other than that
provided for in the notice of election. Section 5705.196 of the
Revised Code
,
as that section existed before the effective date of its repeal by
this act,

shall govern the matters concerning the election. The submission of a
question to the electors under this section is subject to the
limitation on the number of election dates established by section
5705.214 of the Revised Code.

(D)
The form of the ballot to be used at the election provided for in
this section shall be as follows:

"Shall
the existing levy of __________ (insert the voted millage rate of the
levy to be repealed), currently being charged against residential and
agricultural property by the __________ (insert the name of school
district) at a rate of __________ (insert the
residential/agricultural real property effective tax rate of the levy
being repealed) for the purpose of __________ (insert the purpose of
the existing levy) be repealed, and shall a levy be imposed by the
__________ (insert the name of school district) in excess of the
ten-mill limitation for the necessary requirements of the school
district in the sum of __________ (insert the annual amount the levy
is to produce), estimated by the tax commissioner to require
__________ (insert the number of mills) mills for each one dollar of
valuation, which amounts to __________ (insert the rate expressed in
dollars and cents) for each one hundred dollars of valuation for the
initial year of the tax, for a period of __________ (insert the
number of years the levy is to be imposed, or that it will be levied
for a continuing period of time), commencing in __________ (insert
the first year the tax is to be levied), first due in calendar year
__________ (insert the first calendar year in which the tax shall be
due)?

FOR
THE RENEWAL OF THE TAX LEVY

AGAINST
THE RENEWAL OF THE TAX LEVY

"

FOR
THE REPEAL AND TAX

AGAINST
THE REPEAL AND TAX

"

If
the question submitted is a proposal to repeal all or a portion of
more than one existing levy, the form of the ballot shall be modified
by substituting the statement "shall the existing levy of"
with "shall existing levies of" and inserting the aggregate
voted and aggregate effective tax rates to be repealed.

(E)
If a majority of the electors voting on the question submitted in an
election vote in favor of the repeal and levy, the result shall be
certified immediately after the canvass by the board of elections to
the board of education. The board of education may make the levy
necessary to raise the amount specified in the resolution for the
purpose stated in the resolution and shall certify it to the county
auditor, who shall extend it on the current year tax lists for
collection. After the first year, the levy shall be included in the
annual tax budget that is certified to the county budget commission.

(F)
A levy imposed under this section for a continuing period of time may
be decreased or repealed pursuant to section 5705.261 of the Revised
Code. If a levy imposed under this section is decreased, the amount
calculated under division (B)(4) of this section and paid under
section 5705.2110 of the Revised Code shall be decreased by the same
proportion as the levy is decreased. If the levy is repealed, no
further payments shall be made to the district under that section.

(G)
At any time, the board of education, by a vote of two-thirds of all
of its members, may adopt a resolution to renew a tax levied under
this section. The resolution shall provide for levying the tax and
specifically all of the following:

(1)
That the tax shall be called, and designated on the ballot as, a
renewal levy;

(2)
The amount of the renewal tax, which shall be no more than the amount
of tax previously collected;

(3)
The number of years, not to exceed ten, that the renewal tax will be
levied, or that it will be levied for a continuing period of time;

(4)
That the purpose of the renewal tax is for current expenses.

The
board shall certify a copy of the resolution to the board of
elections not later than ninety days before the date of the election
at which the question is to be submitted, which shall be the date of
a primary or general election.

(H)
The form of the ballot to be used at the election on the question of
renewing a levy under this section shall be as follows:

"Shall
a tax levy renewing an existing levy of __________ (insert the annual
dollar amount the levy is to produce each year), estimated to require
__________ (insert the number of mills) mills for each $1 of taxable
value, which amounts to $__________ for each $100,000 of the county
auditor's
appraised

market

value,
be imposed by the __________ (insert the name of school district) for
the purpose of current expenses for a period of __________ (insert
the number of years the levy is to be imposed, or that it will be
levied for a continuing period of time), commencing in __________
(insert the first year the tax is to be levied), first due in
calendar year __________ (insert the first calendar year in which the
tax shall be due)?

FOR
THE RENEWAL OF THE TAX LEVY

AGAINST
THE RENEWAL OF THE TAX LEVY

"

If
the levy submitted is to be for less than the amount of money
previously collected, the form of the ballot shall be modified to add
"and reducing" after "renewing" and to add before
"estimated to require" the statement "be approved at a
tax rate necessary to produce $__________ (insert the lower annual
dollar amount the levy is to produce each year)."

Sec.
5705.2111.
(A)
If the board of directors of a regional student education district
created under section 3313.83 of the Revised Code desires to levy a
tax in excess of the ten-mill limitation throughout the district for
the purpose of funding the services to be provided by the district to
students enrolled in the school districts of which the district is
composed and their immediate family members, the board shall propose
the levy to each of the boards of education of those school
districts. The proposal shall specify the rate or amount of the tax,
the number of years the tax will be levied or that it will be levied
for a continuing period of time, and that the aggregate rate of the
tax shall not exceed three mills per dollar of taxable value in the
regional student education district.

(B)(1)
If a majority of the boards of education of the school districts of
which the regional student education district is composed approves
the proposal for the tax levy, the board of directors of the regional
student education district may adopt a resolution approved by a
majority of the board's full membership declaring the necessity of
levying the proposed tax in excess of the ten-mill limitation
throughout the district for the purpose of funding the services to be
provided by the district to students enrolled in the school districts
of which the district is composed and their immediate family members.
The resolution shall provide for the question of the tax to be
submitted to the electors of the district at a general, primary, or
special election on a day to be specified in the resolution that is
consistent with the requirements of section 3501.01 of the Revised
Code and that occurs at least ninety days after the resolution is
certified to the board of elections. The resolution shall specify the
rate or amount of the tax and the number of years the tax will be
levied or that the tax will be levied for a continuing period of
time. The aggregate rate of tax levied by a regional student
education district under this section at any time shall not exceed
three mills per dollar of taxable value in the district. A tax levied
under this section may be renewed
,

subject to section 5705.25 of the Revised Code
,
or replaced as provided in section 5705.192 of the Revised Code
.

(2)
The resolution shall take effect immediately upon passage, and no
publication of the resolution is necessary other than that provided
in the notice of election. The resolution shall be certified and
submitted in the manner provided under section 5705.25 of the Revised
Code, and that section governs the arrangements governing submission
of the question and other matters concerning the election.

Sec.
5705.2114.
(A)
If the board of directors of a career-technical cooperative education
district created under section 3313.831 of the Revised Code desires
to levy a tax in excess of the ten-mill limitation throughout the
district for the purpose of funding the services to be provided by
the district to students enrolled in the school districts of which
the district is composed, the board shall propose the levy to each of
the boards of education of those school districts. The proposal shall
specify the rate or amount of the tax, the number of years the tax
will be levied or that it will be levied for a continuing period of
time, and that the aggregate rate of the tax shall not exceed three
mills per dollar of taxable value in the career-technical cooperative
education district.

(B)(1)
If a majority of the boards of education of the school districts of
which the career-technical cooperative education district is composed
approves the proposal for the tax levy, the board of directors of the
career-technical cooperative education district may adopt a
resolution approved by a majority of the board's full membership
declaring the necessity of levying the proposed tax in excess of the
ten-mill limitation throughout the district for the purpose of
funding the services to be provided by the district to students
enrolled in the school districts of which the district is composed.
The resolution shall provide for the question of the tax to be
submitted to the electors of the district at a general, primary, or
special election on a day to be specified in the resolution that is
consistent with the requirements of section 3501.01 of the Revised
Code and that occurs at least ninety days after the resolution is
certified to the board of elections. The resolution shall specify the
rate or amount of the tax and the number of years the tax will be
levied or that the tax will be levied for a continuing period of
time. The aggregate rate of tax levied by a career-technical
cooperative education district under this section at any time shall
not exceed three mills per dollar of taxable value in the district. A
tax levied under this section may be renewed, subject to section
5705.25 of the Revised Code
,
except that the tax may not be renewed and increased
.

(2)
The resolution shall take effect immediately upon passage, and no
publication of the resolution is necessary other than that provided
in the notice of election. The resolution shall be certified and
submitted in the manner provided under section 5705.25 of the Revised
Code, and that section governs the arrangements governing submission
of the question and other matters concerning the election.

Sec.
5705.221.
(A)
At any time, the board of county commissioners of any county by a
majority vote of the full membership may declare by resolution and
certify to the board of elections of the county that the amount of
taxes which may be raised within the ten-mill limitation by levies on
the current tax duplicate will be insufficient to provide the
necessary requirements of the county's alcohol, drug addiction, and
mental health service district established pursuant to Chapter 340.
of the Revised Code, or the county's contribution to a joint-county
district of which the county is a part, and that it is necessary to
levy a tax in excess of such limitation for the operation of
community addiction services providers and community mental health
services providers and the acquisition, construction, renovation,
financing, maintenance, and operation of alcohol and drug addiction
facilities and mental health facilities.

Such
resolution shall conform to section 5705.19 of the Revised Code,
except that the increased rate may be in effect for any number of
years not exceeding ten.

The
resolution shall be certified and submitted in the manner provided in
section 5705.25 of the Revised Code, except that it may be placed on
the ballot in any election, and except as otherwise provided in
division (G) of this section. The resolution shall be certified to
the board of elections not less than ninety days before the election
at which it will be voted upon.

If
the majority of the electors voting on a levy to supplement general
fund appropriations for the support of the comprehensive community
addiction and mental health services providers vote in favor of the
levy, the board may levy a tax within the county at the additional
rate outside the ten-mill limitation during the specified period, for
the purpose stated in the resolution.

(B)
When electors have approved a tax levy under this section, the board
of county commissioners may anticipate a fraction of the proceeds of
the levy and, from time to time, issue anticipation notes in
accordance with section 5705.191 or 5705.193 of the Revised Code.

(C)
The county auditor who is the fiscal officer of the alcohol, drug
addiction, and mental health service district, upon receipt of a
resolution from the board of alcohol, drug addiction, and mental
health services, shall establish for the district a capital
improvements account or a reserve balance account, or both, as
specified in the resolution. The capital improvements account shall
be a contingency fund for the necessary acquisition, replacement,
renovation, or construction of facilities and movable and fixed
equipment. Upon the request of the board, funds not needed to pay for
current expenses may be appropriated to the capital improvements
account, in amounts such that the account does not exceed twenty-five
per cent of the replacement value of all capital facilities and
equipment currently used by the board for programs and services.
Other funds which are available for current capital expenses from
federal, state, or local sources may also be appropriated to this
account.

The
reserve balance account shall contain those funds that are not needed
to pay for current operating expenses and not deposited in the
capital improvements account but that will be needed to pay for
operating expenses in the future. Upon the request of a board, such
funds shall be appropriated to the reserve balance account. Payments
from the capital improvements account and the reserve balance account
shall be made by the county treasurer who is the custodian of funds
for the district upon warrants issued by the county auditor who is
the fiscal officer of the district pursuant to orders of the board.

(D)
If a board of county commissioners levies a tax under this section
for the county's contribution to a joint-county district of which the
county is a part, revenue from the tax shall only be expended for the
benefit of the residents of the county.

(E)
If a board of county commissioners levies a tax under this section
for the county's contribution to a joint-county district of which the
county is a part and that district expands or contracts due to the
addition or withdrawal of another county, the board, provided that
county remains a part of the newly expanded or contracted
joint-county district, shall continue to levy and collect that tax,
pursuant to the terms originally approved by electors, for the
county's contribution to the newly expanded or contracted
joint-county district of which the county is a part. Notwithstanding

sections
5705.192 and
section

5705.25
of the Revised Code, the election notice and ballot language of a
renewal
or
replacement
of
such a levy shall identify the name of the newly expanded or
contracted joint-county district.

(F)
If a board of county commissioners levies a tax under this section
for the county's contribution to a joint-county district of which the
county is a part and the county withdraws from the district, the
board shall continue to levy and collect that tax, pursuant to the
terms originally approved by electors, for one of the following
purposes, if either situation applies:

(1)
For the county's contribution to a newly joined joint-county
district, if the county joins such a joint-county district in the tax
year after the year in which the county withdraws from the other
joint-county district;

(2)
To provide the necessary requirements of the county's alcohol, drug
addiction, and mental health service district, if the county
establishes such a district under Chapter 340. of the Revised Code in
the tax year after the year in which the county withdraws from the
joint-county district.

Notwithstanding

sections
5705.192 and
section

5705.25
of the Revised Code, the election notice and ballot language of a
renewal
or
replacement
of
such a levy shall identify the name of the newly established district
or newly joined joint-county district.

(G)
Division (G) of this section applies only if all of the following
apply:

(1)
The county withdraws from a joint-county district.

(2)
The board of alcohol, drug addiction, and mental health services of
that joint-county district levies a tax under section 5705.19 of the
Revised Code in the tax year for which the county withdraws from the
joint-county district.

(3)
The board of county commissioners of the withdrawing county adopts a
resolution under division (A) of this section proposing a tax under
this section that specifies that the first tax year the tax is to be
levied by the board is the tax year after the year the tax described
in division (G)(2) of this section expires or is renewed

or
replaced
,
as authorized under division (B) of section 340.01 of the Revised
Code.

The
proposed tax described in division (G)(3) of this section may be a
renewal, renewal and decrease, or renewal and increase of the tax
described in division (G)(2) of this section, except that,
notwithstanding section 5705.25 of the Revised Code, the election
notice and ballot language of a renewal of such a levy shall identify
the county as the subdivision within which the tax will be levied and
not the joint-county district from which the county withdrew.

Alternatively,
the tax described in division (G)(3) of this section may be a
replacement, replacement and decrease, or replacement and increase of
the tax described in division (G)(2) of this section, as authorized
under section 5705.192 of the Revised Code, except that,
notwithstanding that section, the election notice and ballot language
of a replacement of such a levy shall identify the county as the
subdivision within which the tax will be levied and not the
joint-county district from which the county withdrew.

Sec.
5705.222.
(A)
At any time the board of county commissioners of any county by a
majority vote of the full membership may declare by resolution and
certify to the board of elections of the county that the amount of
taxes which may be raised within the ten-mill limitation by levies on
the current tax duplicate will be insufficient to provide the
necessary requirements of the county board of developmental
disabilities established pursuant to Chapter 5126. of the Revised
Code and that it is necessary to levy a tax in excess of such
limitation for the operation of community programs and services
authorized by county boards of developmental disabilities, for the
acquisition, construction, renovation, financing, maintenance, and
operation of developmental disabilities facilities, or for both of
such purposes.

The
resolution shall conform to section 5705.19 of the Revised Code,
except that the increased rate may be in effect for any number of
years not exceeding ten or for a continuing period of time.

The
resolution shall be certified and submitted in the manner provided in
section 5705.25 of the Revised Code, except that it may be placed on
the ballot in any election, and shall be certified to the board of
elections not less than ninety days before the election at which it
will be voted upon.

If
the majority of the electors voting on a levy for the support of the
programs and services of the county board of developmental
disabilities vote in favor of the levy, the board of county
commissioners may levy a tax within the county at the additional rate
outside the ten-mill limitation during the specified or continuing
period, for the purpose stated in the resolution.

The
county board of developmental disabilities, within its budget and
with the approval of the board of county commissioners through annual
appropriations, shall use the proceeds of a levy approved under this
section or division (L) of section 5705.19 of the Revised Code solely
for the purposes authorized by that section or division.

A
board of county commissioners that levies a tax under this section or
for the purpose authorized by division (L) of section 5705.19 of the
Revised Code, by a majority vote of the full membership, may adopt a
resolution to renew such a levy, or renew two or more such levies as
a single ballot question, in the manner provided by section 5705.25
of the Revised Code for the renewal of existing levies. The purpose
of the renewal levy may be for any of the purposes authorized for a
levy imposed under this section or division (L) of section 5705.19 of
the Revised Code. The term of the renewal levy may be for any number
of years not exceeding ten or for a continuing period of time.

(B)
When electors have approved a tax levy under this section, the county
commissioners may anticipate a fraction of the proceeds of the levy
and issue anticipation notes in accordance with section 5705.191 or
5705.193 of the Revised Code.

(C)
The county auditor, upon receipt of a resolution from the county
board of developmental disabilities, shall establish a capital
improvements account or a reserve balance account, or both, as
specified in the resolution. The capital improvements account shall
be a contingency account for the necessary acquisition, replacement,
renovation, or construction of facilities and movable and fixed
equipment. Upon the request of the county board of developmental
disabilities, moneys not needed to pay for current expenses may be
appropriated to this account, in amounts such that this account does
not exceed twenty-five per cent of the replacement value of all
capital facilities and equipment currently used by the county board
of developmental disabilities for developmental disabilities programs
and services. Other moneys available for current capital expenses
from federal, state, or local sources may also be appropriated to
this account.

The
reserve balance account shall contain those moneys that are not
needed to pay for current operating expenses and not deposited in the
capital improvements account but that will be needed to pay for
operating expenses in the future. Upon the request of a county board
of developmental disabilities, the board of county commissioners may
appropriate county funds, including funds from federal and state
sources, to the reserve balance account.

The
total balance in a reserve balance account shall not exceed forty per
cent of the county board of developmental disabilities' expenditures
for all services in the preceding calendar year.

Amounts
in a capital improvements account or reserve balance account that are
not in excess of the limitations prescribed in this division shall be
considered reasonable and shall not be taken into consideration by
the county budget commission when determining whether to reduce the
taxing authority of a county under section 5705.32 of the Revised
Code.

Sec.
5705.233.
(A)
As used in this section, "criminal justice facility" means
any facility located within the county in which a tax is levied under
this section and for which the board of commissioners of such county
may make an appropriation under section 307.45 of the Revised Code.

(B)
The board of county commissioners of any county, at any time, may
declare by resolution that it may be necessary for the county to
issue general obligation bonds for permanent improvements to a
criminal justice facility, including the acquisition, construction,
enlargement, renovation, or maintenance of such a facility. The
resolution shall state all of the following:

(1)
The necessity and purpose of the bond issue;

(2)
The date of the general or special election at which the question
shall be submitted to the electors;

(3)
The amount, approximate date, estimated rate of interest, and maximum
number of years over which the principal of the bonds may be paid;

(4)
The necessity of levying a tax outside the ten-mill limitation to pay
debt charges on the bonds and any anticipatory securities.

On
adoption of the resolution, the board of county commissioners shall
certify a copy of it to the county auditor. The county auditor
promptly shall estimate and certify to the board the average annual
property tax rate, expressed in mills for each one dollar of taxable
value and in dollars for each one hundred thousand dollars of the
county auditor's
appraised

market

value,
required throughout the stated maturity of the bonds to pay debt
charges on the bonds, in the same manner as under division (C) of
section 133.18 of the Revised Code. Except as provided in division
(C) of this section, division (B) of section 5705.03 of the Revised
Code does not apply to tax levy proceedings initiated under this
section.

(C)
After receiving the county auditor's certification under division (B)
of this section and, if applicable, section 5705.03 of the Revised
Code, the board of county commissioners may declare by resolution
that the amount of taxes that can be raised within the ten-mill
limitation will be insufficient to provide an adequate amount for the
present and future criminal justice requirements of the county; that
it is necessary to issue general obligation bonds of the county for
permanent improvements to a criminal justice facility and to levy an
additional tax in excess of the ten-mill limitation to pay debt
charges on the bonds and any anticipatory securities; that it is
necessary for a specified number of years or for a continuing period
of time to levy additional taxes in excess of the ten-mill limitation
to provide funds for the acquisition, construction, enlargement,
renovation, maintenance, and financing of permanent improvements to
such a criminal justice facility or to pay for operating expenses of
the facility and other criminal justice services for which the board
may make an appropriation under section 307.45 of the Revised Code,
or both; and that the question of the bonds and taxes shall be
submitted to the electors of the county at a general or special
election, which shall not be earlier than ninety days after
certification of the resolution to the board of elections, and the
date of which shall be consistent with section 3501.01 of the Revised
Code. The resolution shall specify all of the following:

(1)
The county auditor's estimate of the average annual property tax rate
required throughout the stated maturity of the bonds to pay debt
charges on the bonds;

(2)
The proposed rate of the tax, if any, for operating expenses and
criminal justice services, the first year the tax will be levied, and
the number of years it will be levied, or that it will be levied for
a continuing period of time;

(3)
The proposed rate of the tax, if any, for permanent improvements to a
criminal justice facility, the first year the tax will be levied, and
the number of years it will be levied, or that it will be levied for
a continuing period of time.

The
resolution shall go into immediate effect upon its passage, and no
publication of it is necessary other than that provided in the notice
of election, except that division (B) of section 5705.03 of the
Revised Code applies if the resolution proposes an additional tax for
operating expenses and criminal justice services or permanent
improvements. The board of county commissioners shall certify,
immediately after its adoption, a copy of the resolution, along with
copies of the auditor's certifications under division (B) of this
section or section 5705.03 of the Revised Code, if applicable, and
the board's resolution under division (B) of this section, to the
board of elections.

(D)
The board of elections shall make the arrangements for the submission
of the question proposed under division (C) of this section to the
electors of the county, and the election shall be conducted,
canvassed, and certified in the same manner as regular elections in
the county for the election of county officers. The resolution shall
be put before the electors as one ballot question, with a favorable
vote indicating approval of the bond issue, the levy to pay debt
charges on the bonds and any anticipatory securities, the operating
expenses and criminal justice services levy, and the permanent
improvements levy, as those levies may be proposed. The board of
elections shall publish notice of the election in a newspaper of
general circulation in the county once a week for two consecutive
weeks, or as provided in section 7.16 of the Revised Code, before the
election. If a board of elections operates and maintains a web site,
that board also shall post notice of the election on its web site for
thirty days before the election. The notice of election shall state
all of the following:

(1)
The principal amount of the proposed bond issue;

(2)
The permanent improvements for which the bonds are to be issued;

(3)
The maximum number of years over which the principal of the bonds may
be paid;

(4)
The estimated additional average annual property tax rate, expressed
in mills for each one dollar of taxable value and in dollars for each
one hundred thousand dollars of the county auditor's
appraised

market

value,
to pay the debt charges on the bonds, as certified by the county
auditor;

(5)
The proposed rate of the additional tax, if any, for operating
expenses and criminal justice services;

(6)
The number of years the operating expenses or criminal justice
services tax will be in effect, or that it will be in effect for a
continuing period of time;

(7)
The proposed rate of the additional tax, if any, for permanent
improvements;

(8)
The number of years the permanent improvements tax will be in effect,
or that it will be in effect for a continuing period of time;

(9)
The estimated annual collections, if applicable, of the current
operating expenses or criminal justice services levy and permanent
improvements levy, as certified by the county auditor;

(10)
The time and place of the election.

(E)
The form of the ballot for an election under this section is as
follows:

"Shall
__________ be authorized to do the following:

(1)
Issue bonds for the purpose of __________ in the principal amount of
$______, to be repaid annually over a maximum period of ______ years,
and levy a property tax outside the ten-mill limitation, estimated by
the county auditor to average over the bond repayment period ______
mills for each $1 of taxable value, which amounts to $______ for each
$100,000 of the county auditor's
appraised

market

value,
to pay the annual debt charges on the bonds, and to pay debt charges
on any notes issued in anticipation of those bonds?"

If
either a levy for permanent improvements or a levy for operating
expenses and criminal justice services is proposed, or both are
proposed, the ballot also shall contain the following language, as
appropriate:

"(2)
Levy an additional property tax to provide funds for the acquisition,
construction, enlargement, renovation, maintenance, and financing of
permanent improvements to a criminal justice facility, that the
county auditor estimates will collect $_____ annually, at a rate not
exceeding _______ mills for each $1 of taxable value, which amounts
to $_______ for each $100,000 of the county auditor's
appraised

market

value,
for ______ (number of years of the levy, or a continuing period of
time)?

(3)
Levy an additional property tax to pay operating expenses of a
criminal justice facility and provide other criminal justice
services, that the county auditor estimates will collect $_____
annually, at a rate not exceeding _______ mills for each $1 of
taxable value, which amounts to $_______ for each $100,000 of the
county auditor's
appraised

market

value,
for _______ (number of years of the levy, or a continuing period of
time)?

FOR
THE BOND ISSUE AND LEVY (OR LEVIES)

AGAINST
THE BOND ISSUE AND LEVY (OR LEVIES)"

(F)
The board of elections promptly shall certify the results of the
election to the tax commissioner and the county auditor. If a
majority of the electors voting on the question vote for it, the
board of county commissioners may proceed with issuance of the bonds
and the levy and collection of the property tax for the debt service
on the bonds and any anticipatory securities in the same manner and
subject to the same limitations as for securities issued under
section 133.18 of the Revised Code, and with the levy and collection
of the property tax or taxes for operating expenses and criminal
justice services and for permanent improvements at the additional
rate or any lesser rate in excess of the ten-mill limitation. Any
securities issued by the board of commissioners under this section
are Chapter 133. securities, as that term is defined in section
133.01 of the Revised Code.

(G)(1)
After the approval of a tax for operating expenses and criminal
justice services under this section and before the time the first
collection and distribution from the levy can be made, the board of
county commissioners may anticipate a fraction of the proceeds of the
levy and issue anticipation notes in a principal amount not exceeding
fifty per cent of the total estimated proceeds of the tax to be
collected during the first year of the levy.

(2)
After the approval of a tax under this section for permanent
improvements to a criminal justice facility, the board of county
commissioners may anticipate a fraction of the proceeds of the tax
and issue anticipation notes in a principal amount not exceeding
fifty per cent of the total estimated proceeds of the tax remaining
to be collected in each year over a period of five years after
issuance of the notes.

Anticipation
notes under this section shall be issued as provided in section
133.24 of the Revised Code. Notes issued under division (G) of this
section shall have principal payments during each year after the year
of their issuance over a period not to exceed five years, and may
have a principal payment in the year of their issuance.

(H)
A tax for operating expenses and criminal justice services or for
permanent improvements levied under this section for a specified
number of years may be renewed
or
replaced
in
the same manner as a tax for current operating expenses or permanent
improvements levied under section 5705.19 of the Revised Code. A tax
levied under this section for a continuing period of time may be
decreased in accordance with section 5705.261 of the Revised Code.

Sec.
5705.25.
(A)(1)
A copy of any resolution adopted as provided in section 5705.19 or
5705.2111 of the Revised Code shall be certified by the taxing
authority to the board of elections of the proper county not less
than ninety days before the general election in any year, and the
board shall submit the proposal to the electors of the subdivision at
the succeeding November election. In the case of a qualifying library
levy, the board shall submit the question to the electors of the
library district or association library district.

(2)
Except as otherwise provided in this division, a resolution to renew
or to renew and increase or renew and decrease an existing levy,
regardless of the section of the Revised Code under which the tax was
imposed, shall not be placed on the ballot unless the question is
submitted at the general election held during the last year the tax
to be renewed may be extended on the real and public utility property
tax list and duplicate, or at any election held in the ensuing year.
The limitation of the foregoing sentence does not apply to a
resolution to renew and increase or to renew and decrease an existing
levy that was imposed under section 5705.191 of the Revised Code to
supplement the general fund for the purpose of making appropriations
for one or more of the following purposes: for public assistance,
human or social services, relief, welfare, hospitalization, health,
and support of general hospitals. The limitation of the second
preceding sentence also does not apply to a resolution that proposes
to renew two or more existing levies imposed under section 5705.222
or division (L) of section 5705.19 of the Revised Code, or under
section 5705.21 or 5705.217 of the Revised Code, in which case the
question shall be submitted on the date of the general or primary
election held during the last year at least one of the levies to be
renewed may be extended on the real and public utility property tax
list and duplicate, or at any election held during the ensuing year.
A resolution proposing to renew or renew and increase or decrease an
existing levy may specify that the renewal, increase, or decrease of
the existing levy shall be extended on the tax list for the tax year
specified in the resolution, which may be the last year the existing
levy may be extended on the list or the ensuing year. If the renewal,
increase, or decrease is to be extended on the tax list for the last
tax year the existing levy would otherwise be extended, the existing
levy shall not be extended on the tax list for that last year unless
the question of the renewal, increase, or decrease is not approved by
a majority of electors voting on the question, in which case the
existing levy shall be extended on the tax list for that last year.

For
purposes of this section, a levy shall be considered to be an
"existing levy" through the year following the last year it
can be placed on the tax list and duplicate.

(3)
The board of elections shall make the necessary arrangements for the
submission of such questions to the electors of such subdivision,
library district, or association library district, and the election
shall be conducted, canvassed, and certified in the same manner as
regular elections in such subdivision, library district, or
association library district for the election of county officers.
Notice of the election shall be published in a newspaper of general
circulation in the subdivision, library district, or association
library district once a week for two consecutive weeks, or as
provided in section 7.16 of the Revised Code, prior to the election.
If the board of elections operates and maintains a web site, the
board of elections shall post notice of the election on its web site
for thirty days prior to the election. The notice shall state the
purpose, the levy's estimated annual collections if the levy is not
to pay debt charges, the proposed increase in rate, expressed in
mills for each one dollar of taxable value, either that rate or the
effective rate, as applicable, expressed in dollars for each one
hundred thousand dollars of the county auditor's
appraised

market

value,
the number of years during which the increase will be in effect, the
first month and year in which the tax will be levied, and the time
and place of the election.

(B)
The form of the ballots cast at an election held pursuant to division
(A) of this section shall be as follows:

"An
additional tax for the benefit of (name of subdivision or public
library) __________ for the purpose of (purpose stated in the
resolution) __________, that the county auditor estimates will
collect $_____ annually, at a rate not exceeding ______ mills for
each $1 of taxable value, which amounts to $____________ for each
$100,000 of the county auditor's
appraised

market

value,
for ______ (life of indebtedness or number of years the levy is to
run).

For
the Tax Levy

Against
the Tax Levy

"

(C)
If the levy is to be in effect for a continuing period of time, the
notice of election and the form of ballot shall so state instead of
setting forth a specified number of years for the levy.

If
the additional tax or the renewal, increase, or decrease of an
existing levy is to be placed on the current tax list, the form of
the ballot shall be modified by adding, after the statement of the
number of years the levy is to run, the phrase ", commencing in
__________ (first year the tax is to be levied), first due in
calendar year __________ (first calendar year in which the tax shall
be due)."

If
the levy submitted is a proposal to renew, increase, or decrease an
existing levy, the form of the ballot specified in division (B) of
this section must be changed by substituting for the words "An
additional" at the beginning of the form, the words "A
renewal of a" in case of a proposal to renew an existing levy in
the same amount; the words "A renewal of ________ mills and an
increase of ______ mills for each $1 of taxable value to constitute
a" in the case of an increase; or the words "A renewal of
part of an existing levy, being a reduction of ______ mills for each
$1 of taxable value, to constitute a" in the case of a decrease
in the proposed levy. Additionally, the effective rate, in lieu of
the rate, shall be expressed for each one hundred thousand dollars of
the county auditor's
appraised

market

value.

If
the levy submitted is a proposal to renew two or more existing levies
imposed under section 5705.222 or division (L) of section 5705.19 of
the Revised Code, or under section 5705.21 or 5705.217 of the Revised
Code, the form of the ballot specified in division (B) of this
section shall be modified by substituting for the words "an
additional tax" the words "a renewal of ____(insert the
number of levies to be renewed) existing taxes."

If
the levy submitted is a levy under section 5705.72 of the Revised
Code or a proposal to renew, increase, or decrease an existing levy
imposed under that section, the name of the subdivision shall be "the
unincorporated area of __________ (name of township)."

If
the levy is for the payment of debt charges, the form of the ballot
shall be modified by omitting the phrase ", that the county
auditor estimates will collect $_____ annually."

The
question covered by a resolution adopted under this section shall be
submitted as a separate proposition but may be printed on the same
ballot with any other proposition submitted at the same election,
other than the election of officers. More than one such question may
be submitted at the same election.

(D)
A levy voted in excess of the ten-mill limitation under this section
shall be certified to the tax commissioner. In the first year of the
levy, it shall be extended on the tax lists after the February
settlement succeeding the election. If the additional tax is to be
placed upon the tax list of the current year, as specified in the
resolution providing for its submission, the result of the election
shall be certified immediately after the canvass by the board of
elections to the taxing authority, who shall make the necessary levy
and certify it to the county auditor, who shall extend it on the tax
lists for collection. After the first year, the tax levy shall be
included in the annual tax budget that is certified to the county
budget commission.

(E)
A tax levied under section 5705.2111 of the Revised Code shall not be
renewed and increased.

Sec.
5705.251.
(A)
A copy of a resolution adopted under section 5705.212 or 5705.213 of
the Revised Code shall be certified by the board of education to the
board of elections of the proper county not less than ninety days
before the date of the election specified in the resolution, and the
board of elections shall submit the proposal to the electors of the
school district at a special election to be held on that date. The
board of elections shall make the necessary arrangements for the
submission of the question or questions to the electors of the school
district, and the election shall be conducted, canvassed, and
certified in the same manner as regular elections in the school
district for the election of county officers. Notice of the election
shall be published in a newspaper of general circulation in the
subdivision once a week for two consecutive weeks, or as provided in
section 7.16 of the Revised Code, prior to the election. If the board
of elections operates and maintains a web site, the board of
elections shall post notice of the election on its web site for
thirty days prior to the election.

(1)
In the case of a resolution adopted under section 5705.212 of the
Revised Code, the notice shall state separately, for each tax being
proposed, the purpose; the proposed increase in rate, expressed in
dollars for each one hundred thousand dollars of the county auditor's

appraised

market

value
as well as in mills for each one dollar of taxable value; the number
of years during which the increase will be in effect; and the first
calendar year in which the tax will be due. The notice shall also
state the original tax's estimated annual collections and the
estimated aggregate annual collections of all such taxes. For an
election on the question of a renewal levy, the notice shall state
the purpose; the levy's estimated annual collections; the proposed
rate, expressed in mills for each one dollar of taxable value; the
effective rate, expressed in dollars for each one hundred thousand
dollars of the county auditor's
appraised

market

value;
and the number of years the tax will be in effect. If the resolution
is adopted under division (C) of that section, the rate of each tax
being proposed shall be expressed as both the total rate and the
portion of the total rate to be allocated to the qualifying school
district and the portion to be allocated to partnering community
schools.

(2)
In the case of a resolution adopted under section 5705.213 of the
Revised Code, the notice shall state the purpose; the amount proposed
to be raised by the tax in the first year it is levied; the estimated
average additional tax rate for the first year it is proposed to be
levied, expressed in mills for each one dollar of taxable value and
in dollars for each one hundred thousand dollars of the county
auditor's
appraised

market

value;
the number of years during which the increase will be in effect; and
the first calendar year in which the tax will be due. The notice also
shall state the amount by which the amount to be raised by the tax
may be increased in each year after the first year. The amount of the
allowable increase may be expressed in terms of a dollar increase
over, or a percentage of, the amount raised by the tax in the
immediately preceding year. For an election on the question of a
renewal levy, the notice shall state the purpose; the amount proposed
to be raised by the tax; the estimated tax rate, expressed in mills
for each one dollar of taxable value and in dollars for each one
hundred thousand dollars of the county auditor's
appraised

market

value;
and the number of years the tax will be in effect.

In
any case, the notice also shall state the time and place of the
election.

(B)(1)
The form of the ballot in an election on taxes proposed under section
5705.212 of the Revised Code shall be as follows:

"Shall
the __________ school district be authorized to levy taxes for
current expenses, the aggregate rate of which may increase in ______
(number) increment(s) of not more than ______ mill(s) for each $1 of
taxable value, from an original rate of ______ mill(s) for each $1 of
taxable value, which amounts to $______ for each $100,000 of the
county auditor's
appraised

market

value,
that the county auditor estimates will collect $_____ annually, to a
maximum rate of ______ mill(s) for each $1 of taxable value, which
amounts to $______ for each $100,000 of the county auditor's

appraised

market

value,
that the county auditor estimates will collect $_____ annually? The
original tax is first proposed to be levied in ______ (the first year
of the tax), and the incremental tax in ______ (the first year of the
increment) (if more than one incremental tax is proposed in the
resolution, the first year that each incremental tax is proposed to
be levied shall be stated in the preceding format, and the increments
shall be referred to as the first, second, third, or fourth
increment, depending on their number). The aggregate rate of tax so
authorized will __________ (insert either, "expire with the
original rate of tax which shall be in effect for ______ years"
or "be in effect for a continuing period of time").

FOR
THE TAX LEVIES

AGAINST
THE TAX LEVIES

"

If
the tax is proposed by a qualifying school district under division
(C)(1) of section 5705.212 of the Revised Code, the form of the
ballot shall be modified by adding, after the phrase "each $1 of
taxable value," the following: "(of which ______ mills is
to be allocated to partnering community schools)."

(2)
The form of the ballot in an election on the question of a renewal
levy under section 5705.212 of the Revised Code shall be as follows:

"Shall
the _________ school district be authorized to renew a tax for
current expenses, that the county auditor estimates will collect
$_____ annually, at a rate not exceeding _________ mills for each $1
of taxable value, which amounts to $_________ (effective rate) for
each $100,000 of the county auditor's
appraised

market

value,
for __________ (number of years the levy shall be in effect, or a
continuing period of time)?

FOR
THE TAX LEVIES

AGAINST
THE TAX LEVIES

"

If
the tax is proposed by a qualifying school district under division
(C)(2) of section 5705.212 of the Revised Code and the total rate and
the rates allocated to the school district and partnering community
schools are to remain the same as those of the levy being renewed,
the form of the ballot shall be modified by adding, after the phrase
"each $1 of taxable value," the following: "(of which
______ mills is to be allocated to partnering community schools)."
If the total rate is to be increased, the form of the ballot shall
state that the proposal is to renew the existing tax with an increase
in rate and shall state the increase in rate, the total rate
resulting from the increase, and, of that rate, the portion of the
rate to be allocated to partnering community schools. If the total
rate is to be decreased, the form of the ballot shall state that the
proposal is to renew a part of the existing tax and shall state the
reduction in rate, the total rate resulting from the decrease, and,
of that rate, the portion of the rate to be allocated to partnering
community schools.

(3)
If a tax proposed by a ballot form prescribed in division (B)(1) or
(2) of this section is to be placed on the current tax list, the form
of the ballot shall be modified by adding, after the statement of the
number of years the levy is to be in effect, the phrase ",
commencing in __________ (first year the tax is to be levied), first
due in calendar year __________ (first calendar year in which the tax
shall be due)."

(C)
The form of the ballot in an election on a tax proposed under section
5705.213 of the Revised Code shall be as follows:

"Shall
the ________ school district be authorized to levy the following tax
for current expenses? The tax will first be levied in ______ (year)
to raise $______. In the ______ (number of years) following years,
the tax will increase by not more than ______ (per cent or dollar
amount of increase) each year, so that, during ______ (last year of
the tax), the tax will raise approximately ______ (dollars). The
county auditor estimates that the rate will be ______ mill(s) for
each $1 of taxable value, which amounts to $_____ for each $100,000
of the county auditor's
appraised

market

value,
both during ______ (first year of the tax) and ______ mill(s) for
each $1 of taxable value, which amounts to $______ for each $100,000
of the county auditor's
appraised

market

value,
during ______ (last year of the tax). The tax will not be levied
after ______ (year).

FOR
THE TAX LEVIES

AGAINST
THE TAX LEVIES

"

The
form of the ballot in an election on the question of a renewal levy
under section 5705.213 of the Revised Code shall be as follows:

"Shall
the _________ school district be authorized to renew a tax for
current expenses which will raise $_________, estimated by the county
auditor to be _________ mills for each $1 of taxable value, which
amounts to $_________ for each $100,000 of the county auditor's

appraised

market

value?
The tax shall be in effect for _________ (the number of years the
levy shall be in effect, or a continuing period of time).

FOR
THE TAX LEVIES

AGAINST
THE TAX LEVIES

"

If
the tax is to be placed on the current tax list, the form of the
ballot shall be modified by adding, after the statement of the number
of years the levy is to be in effect, the phrase ", commencing
in __________ (first year the tax is to be levied), first due in
calendar year __________ (first calendar year in which the tax shall
be due)."

(D)
The question covered by a resolution adopted under section 5705.212
or 5705.213 of the Revised Code shall be submitted as a separate
question, but may be printed on the same ballot with any other
question submitted at the same election, other than the election of
officers. More than one question may be submitted at the same
election.

(E)
Taxes voted in excess of the ten-mill limitation under division (B)
or (C) of this section shall be certified to the tax commissioner. If
an additional tax is to be placed upon the tax list of the current
year, as specified in the resolution providing for its submission,
the result of the election shall be certified immediately after the
canvass by the board of elections to the board of education. The
board of education immediately shall make the necessary levy and
certify it to the county auditor, who shall extend it on the tax list
for collection. After the first year, the levy shall be included in
the annual tax budget that is certified to the county budget
commission.

Sec.
5705.261.
(A)
The question of decrease of an increased rate of levy approved for a
continuing period of time by the voters of a subdivision or, in the
case of a qualifying library levy, the voters of the library district
or association library district, may be initiated by the filing of a
petition with the board of elections of the proper county not less
than ninety days before the general election in any year requesting
that an election be held on such question. Such petition shall state
the amount of the proposed decrease in the rate of levy and shall be
signed by qualified electors residing in the subdivision, library
district, or association library district equal in number to at least
ten per cent of the total number of votes cast in the subdivision,
library district, or association library district for the office of
governor at the most recent general election for that office. Only
one such petition may be filed during each five-year period following
the election at which the voters approved the increased rate for a
continuing period of time.

After
determination by it that such petition is valid, the board of
elections shall do both of the following:

(1)
Request that the county auditor certify to the board, in the same
manner as required for a tax levy under section 5705.03 of the
Revised Code, an estimate of the levy's annual collections and the
levy's effective rate in both the last year before the proposed
decrease and the first year that the decrease applies, stated in
dollars, rounded to the nearest dollar, for each one hundred thousand
dollars of the county auditor's
appraised

market

value.
If the subdivision, library district, or association library district
is located in more than one county, the county auditor shall obtain
from the county auditor of each other county in which the subdivision
or district is located the tax valuation applicable to the portion of
the subdivision or district in that county.

The
county auditor shall certify such information to the board of
elections within ten days after receiving the board's request.

(2)
Submit the question to the electors of the subdivision, library
district, or association library district at the succeeding general
election pursuant to division (B) of this section.

(B)
The election shall be conducted, canvassed, and certified in the same
manner as regular elections in such subdivision, library district, or
association library district for county offices. Notice of the
election shall be published in a newspaper of general circulation in
the district once a week for two consecutive weeks, or as provided in
section 7.16 of the Revised Code, prior to the election. If the board
of elections operates and maintains a web site, the board of
elections shall post notice of the election on its web site for
thirty days prior to the election. The notice shall state the
purpose, the levy's estimated annual collections, the amount of the
proposed decrease in rate, expressed in mills for each one dollar of
taxable value, the effective rate of the levy in the year before the
proposed decrease and the first year that the decrease applies, both
expressed in dollars for each one hundred thousand dollars of the
county auditor's
appraised

market

value,
and the time and place of the election. The form of the ballot cast
at such election shall be prescribed by the secretary of state but
must include all information required to be included in the notice.
The question covered by the petition shall be submitted as a separate
proposition but it may be printed on the same ballot with any other
propositions submitted at the same election other than the election
of officers. If a majority of the qualified electors voting on the
question of a decrease at such election approve the proposed decrease
in rate, the result of the election shall be certified immediately
after the canvass by the board of elections to the appropriate taxing
authority, which shall thereupon, after the current year, cease to
levy such increased rate or levy such tax at such reduced rate upon
the tax list of the subdivision, library district, or association
library district. If notes have been issued in anticipation of the
collection of such levy, the taxing authority shall continue to levy
and collect under authority of the election authorizing the original
levy such amounts as will be sufficient to pay the principal of and
interest on such anticipation notes as the same fall due.

In
the case of a levy for the current expenses of a qualifying school
district and of partnering community schools imposed under section
5705.192,
as
it existed before the effective date of this amendment,
division
(B) of section 5705.21, division (C) of section 5705.212, or division
(J) of section 5705.218 of the Revised Code for a continuing period
of time, the rate allocated to the school district and to partnering
community schools shall each be decreased by a number of mills per
dollar that is proportionate to the decrease in the rate of the levy
in proportion to the rate at which the levy was imposed before the
decrease.

Sec.
5705.27.
There
is hereby created in each county a county budget commission
consisting of the county auditor, the county treasurer, and the
prosecuting attorney.
The
prosecuting attorney may recuse the prosecuting attorney, in which
case a member of the board of county commissioners selected by the
board of county commissioners shall serve in lieu of the prosecuting
attorney.
Upon
petition filed with the board of elections, signed by the number of
electors of the county equal in amount to three per cent of the total
number of votes cast for governor at the most recent election
therefor, there shall be submitted to the electors of the county at
the next general election occurring not sooner than ninety days after
the filing of the petition, the question "Shall the county
budget commission consist of two additional members to be elected
from the county?" Provision shall be made on the ballot for the
election from the county at large of two additional members of the
county budget commission who shall be electors of the county if a
majority of the electors voting on the question shall have voted in
the affirmative. In such counties, where the electors have voted in
the affirmative, the county budget commission shall consist of such
two elected members in addition to the county auditor, the county
treasurer and the prosecuting attorney

or
commissioner as applicable
.
Such members, who shall not hold any other public office, shall serve
for a term of four years.
The

The

commission
shall meet at the office of the county auditor in each county on the
first Monday in February and on the first Monday in August, annually,
and shall complete its work on or before the first day of September,
annually, unless for good cause the tax commissioner extends the time
for completing the work.
The
commission shall offer, during at least one public meeting annually,
testimony from a member of the commission or an invited speaker
describing the concept and function of taxes levied within the
ten-mill limitation, how such taxes are allocated to various
jurisdictions in the county, and the fiscal impact of such taxes in
light of its exemption from the reduction authorized under section
319.301 of the Revised Code.
A
majority of members shall constitute a quorum, provided that no
action of the commission shall be valid unless agreed to by a
majority of the members of the commission. The auditor shall be the
secretary of the commission and shall keep a full and accurate record
of all proceedings. The auditor shall appoint such messengers and
clerks as the commission deems necessary, and the budget
commissioners shall be allowed their actual and necessary expenses.
The elected members of the commission shall also receive twenty
dollars for each day in attendance at commission meetings and in
discharge of official duties. Any vacancy among such elected members
shall be filled by the presiding judge of the court of common pleas.
In adjusting the rates of taxation and fixing the amount of taxes to
be levied each year, the commissioners shall be governed by the
amount of the taxable property shown on the auditor's tax list for
the current year; provided that if the auditor's tax list has not
been completed, the auditor shall estimate, as nearly as practicable,
the amount of the taxable property for such year, and such officers
shall be governed by such estimate.

In
any county in which two members of the commission are elected, upon
petition filed with the board of elections, signed by the number of
electors of the county equal in amount to three per cent of the votes
cast for governor at the most recent election therefor, there shall
be submitted to the electors of the county at the next general
election occurring not sooner than ninety days after the filing of
the petition, the question "Shall the elected members be
eliminated from the county budget commission?" If the majority
of the electors voting thereon shall have voted in the affirmative,
the county budget commission shall consist solely of the county
auditor, the county treasurer, and the prosecuting attorney

or
commissioner as applicable
.

Sec.
5705.28.
(A)
Except as provided in division (B)(1) or (2) of this section or in
section 5705.281 of the Revised Code, the taxing authority of each
subdivision or other taxing unit shall adopt a tax budget for the
next succeeding fiscal year:

(1)
On or before the fifteenth day of January in the case of school
districts and the city of Cincinnati;

(2)
On or before the fifteenth day of July in the case of all other
subdivisions and taxing units.

(B)(1)
Before the first day of June in each year, the board of trustees of a
school library district entitled to participate in any appropriation
or revenue of a school district or to have a tax proposed by the
board of education of a school district shall file with the board of
education of the school district a tax budget for the ensuing fiscal
year. On or before the fifteenth day of July in each year, the board
of education of a school district to which a school library district
tax budget was submitted under this division shall adopt such tax
budget on behalf of the library district, but such budget shall not
be part of the school district's tax budget.

(2)(a)
The taxing authority of a taxing unit that does not levy a tax is not
required to adopt a tax budget pursuant to division (A) of this
section. Instead, on or before the fifteenth day of July each year,
such taxing authority shall adopt an operating budget for the taxing
unit for the ensuing fiscal year. The operating budget shall include
an estimate of receipts from all sources, a statement of all taxing
unit expenses that are anticipated to occur, and the amount required
for debt charges during the fiscal year. The operating budget is not
required to be filed with the county auditor or the county budget
commission.

(b)
Except for this section and sections 5705.36, 5705.38, 5705.40,
5705.41, 5705.43, 5705.44, and 5705.45 of the Revised Code, a taxing
unit that does not levy a tax is not a taxing unit for purposes of
Chapter 5705. of the Revised Code. Documents prepared in accordance
with such sections are not required to be filed with the county
auditor or county budget commission.

(c)
The total appropriations from each fund of a taxing unit that does
not levy a tax shall not exceed the total estimated revenue available
for expenditures from the fund, and appropriations shall be made from
each fund only for the purposes for which the fund is established.

(C)(1)
To assist in the preparation of the tax budget, the head of each
department, board, commission, and district authority entitled to
participate in any appropriation or revenue of a subdivision shall
file with the taxing authority, or in the case of a municipal
corporation, with its chief executive officer, before the forty-fifth
day prior to the date on which the budget must be adopted, an
estimate of contemplated revenue and expenditures for the ensuing
fiscal year, in such form as is prescribed by the taxing authority of
the subdivision
or
by the auditor of state
.
The taxing authority shall include in its budget of expenditures the
full amounts requested by district authorities, not to exceed the
amount authorized by law, if such authorities may fix the amount of
revenue they are to receive from the subdivision. In a municipal
corporation in which a special levy for a municipal university has
been authorized to be levied in excess of the ten-mill limitation, or
is required by the charter of the municipal corporation, the taxing
authority shall include an amount not less than the estimated yield
of such levy, if such amount is requested by the board of directors
of the municipal university.

(2)
A county board of developmental disabilities may include within its
estimate of contemplated revenue and expenditures a reserve balance
account in the community developmental disabilities residential
services fund. The account shall contain money that is not needed to
pay for current expenses for residential services and supported
living but will be needed to pay for expenses for such services in
the future or may be needed for unanticipated emergency expenses. On
the request of the county board of developmental disabilities, the
board of county commissioners shall include such an account in its
budget of expenditures and appropriate money to the account from
residential service moneys for the county board.

(D)
The board of trustees of any public library desiring to participate
in the distribution of the county public library fund shall adopt
appropriate rules extending the benefits of the library service of
such library to all the inhabitants of the county on equal terms,
unless such library service is by law available to all such
inhabitants, and shall certify a copy of such rules to the taxing
authority with its estimate of contemplated revenue and expenditures.
Where such rules have been so certified or where the adoption of such
rules is not required, the taxing authority shall include in its
budget of receipts such amounts as are specified by such board as
contemplated revenue from the county public library fund, and in its
budget of expenditures the full amounts requested therefrom by such
board. No library association, incorporated or unincorporated, is
entitled to participate in the proceeds of the county public library
fund unless such association both was organized and operating prior
to January 1, 1968, and participated in the distribution of the
proceeds of the county public library fund prior to December 31,
2005.

(E)
Any health district created under Chapter 3709. of the Revised Code
that does not file an estimate of contemplated revenue and
expenditures for the ensuing fiscal year pursuant to division (C) of
this section shall adopt a tax budget on its own behalf pursuant to
division (A) of this section.

Sec.
5705.29.
This
section does not apply to a subdivision or taxing unit for which the
county budget commission has waived the requirement to adopt a tax
budget pursuant to section 5705.281 of the Revised Code. The tax
budget shall present the following information
in
such detail as is prescribed by the auditor of state
:

(A)(1)
A statement of the necessary current operating expenses for the
ensuing fiscal year for each department and division of the
subdivision, classified as to personal services and other expenses,
and the fund from which such expenditures are to be made. Except in
the case of a school district, this estimate may include a contingent
expense not designated for any particular purpose, and not to exceed
three per cent of the total amount of appropriations for current
expenses. In the case of a school district, this estimate may include
a contingent expense not designated for any particular purpose and
not to exceed thirteen per cent of the total amount of appropriations
for current expenses.

(2)
A statement of the expenditures for the ensuing fiscal year necessary
for permanent improvements, exclusive of any expense to be paid from
bond issues, classified as to the improvements contemplated by the
subdivision and the fund from which such expenditures are to be made;

(3)
The amounts required for the payment of final judgments;

(4)
A statement of expenditures for the ensuing fiscal year necessary for
any purpose for which a special levy is authorized, and the fund from
which such expenditures are to be made;

(5)
Comparative statements, so far as possible, in parallel columns of
corresponding items of expenditures for the current fiscal year
,
including a statement of estimated expenses to the end of that fiscal
year,

and the two preceding fiscal years.

(B)(1)
An estimate of receipts from other sources than the general property
tax during the ensuing fiscal year, which shall include an estimate
of unencumbered balances at the end of the current fiscal year, and
the funds to which such estimated receipts are credited;

(2)
The amount each fund requires from the general property tax, which
shall be the difference between the contemplated expenditure from the
fund and the estimated receipts, as provided in this section. The
section of the Revised Code under which the tax is authorized shall
be set forth.

(3)
Comparative statements, so far as possible, in parallel columns of
taxes and other revenues for the current fiscal year and the two
preceding fiscal years
;

(4)
Comparative statements, so far as possible, in parallel columns of
all funds in control of the subdivision for the current fiscal year
and the two preceding fiscal years not already included in the tax
budget pursuant to divisions (B)(1) to (3) of this section
.

(C)(1)
The amount required for debt charges;

(2)
The estimated receipts from sources other than the tax levy for
payment of such debt charges, including the proceeds of refunding
bonds to be issued to refund bonds maturing in the next succeeding
fiscal year;

(3)
The net amount for which a tax levy shall be made, classified as to
bonds authorized and issued prior to January 1, 1922, and those
authorized and issued subsequent to such date, and as to what portion
of the levy will be within and what in excess of the ten-mill
limitation.

(D)
An estimate of amounts from taxes authorized to be levied in excess
of the ten-mill limitation on the tax rate, and the fund to which
such amounts will be credited, together with the sections of the
Revised Code under which each such tax is exempted from all
limitations on the tax rate.

(E)(1)
(E)
If the taxing unit estimates that it will collect more revenue in the
succeeding fiscal year than in the current fiscal year from any tax
levied within the ten-mill limitation or due to the operation of
division (E) of section 319.301 of the Revised Code, a declaration of
the taxing unit's intent to collect the additional revenue or to
forgo all or a portion of the additional revenue.

(F)(1)

A board of education may include in its budget for the fiscal year in
which a levy proposed under section 5705.194, 5705.199, 5705.21,
5705.213, or 5705.219, a property tax levy proposed under section
5748.09, or the original levy under section 5705.212 of the Revised
Code is first extended on the tax list and duplicate an estimate of
expenditures to be known as a voluntary contingency reserve balance,
which shall not be greater than twenty-five per cent of the total
amount of the levy estimated to be available for appropriation in
such year.

(2)
A board of education may include in its budget for the fiscal year
following the year in which a levy proposed under section 5705.194,
5705.199, 5705.21, 5705.213, or 5705.219, a property tax levy
proposed under section 5748.09, or the original levy under section
5705.212 of the Revised Code is first extended on the tax list and
duplicate an estimate of expenditures to be known as a voluntary
contingency reserve balance, which shall not be greater than twenty
per cent of the amount of the levy estimated to be available for
appropriation in such year.

(3)
Except as provided in division
(E)(4)
(F)(4)

of this section, the full amount of any reserve balance the board
includes in its budget shall be retained by the county auditor and
county treasurer out of the first semiannual settlement of taxes
until the beginning of the next succeeding fiscal year, and
thereupon, with the depository interest apportioned thereto, it shall
be turned over to the board of education, to be used for the purposes
of such fiscal year.

(4)
A board of education, by a two-thirds vote of all members of the
board, may appropriate any amount withheld as a voluntary contingency
reserve balance during the fiscal year for any lawful purpose,
provided that prior to such appropriation the board of education has
authorized the expenditure of all amounts appropriated for
contingencies under section 5705.40 of the Revised Code. Upon request
by the board of education, the county auditor shall draw a warrant on
the district's account in the county treasury payable to the district
in the amount requested.

(F)
Except as otherwise provided in this division, the county budget
commission shall not reduce the taxing authority of a subdivision as
a result of the creation of a reserve balance account. Except as
otherwise provided in this division, the county budget commission
shall not consider the amount in a reserve balance account of a
township, county, or municipal corporation as an unencumbered balance
or as revenue for the purposes of division (E)(3) or (4) of section
5747.51 of the Revised Code. The county budget commission may require
documentation of the reasonableness of the reserve balance held in
any reserve balance account. The commission shall consider any amount
in a reserve balance account that it determines to be unreasonable as
unencumbered and as revenue for the purposes of section 5747.51 of
the Revised Code and may take such amounts into consideration when
determining whether to reduce the taxing authority of a subdivision.

Sec.
5705.30.
This
section does not apply to a subdivision for which the county budget
commission has waived the requirement to adopt a tax budget under
section 5705.281 of the Revised Code.

In
addition to the information required by section 5705.29 of the
Revised Code, the budget of each subdivision and school library
district shall include such other information as is prescribed by the
auditor of state.
At
least two copies of the budget shall be filed in the office of the
fiscal officer of the subdivision for public inspection not less than
ten days before its adoption by the taxing authority, and such taxing
authority shall hold at least one public hearing thereon, of which
public notice shall be given by at least one publication not less
than ten days prior to the date of hearing in the official
publication of such subdivision, or in a newspaper having general
circulation in the subdivision. The budget, after adoption, shall be
submitted to the county auditor on or before the twentieth day of
July, or in the case of a school district or the city of Cincinnati,
by the twentieth day of January. The tax commissioner may prescribe a
later date for the submission of a subdivision's tax budget. Any
subdivision that fails to submit its budget to the county auditor on
or before the date prescribed by this section or a later date
prescribed by the commissioner shall not receive an apportionment
from the undivided local government fund distribution for the ensuing
calendar year unless the commissioner determines that the budget was
adopted by the subdivision on or before the fifth day before the date
prescribed by this section for submitting the budget, but was not
submitted by the date so prescribed or the later time prescribed by
the commissioner because of ministerial error by the subdivision or
its officers, employees, or other representatives.

Sec.
5705.31.
The
county auditor shall present to the county budget commission the
annual tax budgets submitted under sections 5705.01 to 5705.47 of the
Revised Code, together with an estimate prepared by the auditor of
the amount of any state levy, the rate of any school tax levy as
previously determined, the tax commissioner's estimate of the amount
to be received in the county public library fund, the tax rates
provided under section 5705.281 of the Revised Code if adoption of
the tax budget was waived under that section, and such other
information as the commission requests or the tax commissioner
prescribes.
The

The

budget
commission shall examine such budget and
,
if the taxing authority is a board of education that has elected to
include projections pursuant to division (E) of section 5705.391 of
the Revised Code, shall examine such projections. Using the budget
and, if applicable, included projections, the budget commission shall

ascertain the total amount proposed to be raised in the county for
the purposes of each subdivision and other taxing units in the county

and
the need for those amounts. Except as otherwise provided in this
section, the county budget commission may reduce the amount to be
raised by any levy pursuant to section 5705.32 of the Revised Code
.

The
commission shall ascertain that the following levies have been
properly authorized and, if so authorized, shall approve them without
modification:

(A)
All levies in excess of the ten-mill limitation
;

in
the first year they are levied, unless the levy is the renewal of an
existing tax or the subdivision or taxing unit requests an amount
requiring a lower rate for the succeeding fiscal year. Such a request
for an amount requiring a lower rate applies only to the succeeding
fiscal year unless the subdivision or taxing unit expressly states
that the request is permanent.

(B)
All levies for
unsatisfied

debt
charges

not
provided for by levies in excess of the ten-mill limitation
,
including levies
that
remain
necessary
to pay notes issued for emergency purposes;

(C)
The levies prescribed by division (B) of sections 742.33 and 742.34
of the Revised Code;

(D)
Except as otherwise provided in this division, a minimum levy within
the ten-mill limitation for the current expense and debt service of
each subdivision or taxing unit, which shall equal two-thirds of the
average levy for current expenses and debt service allotted within
the fifteen-mill limitation to such subdivision or taxing unit during
the last five years the fifteen-mill limitation was in effect unless
such subdivision or taxing unit requests an amount requiring a lower
rate
.
Except

for
the succeeding fiscal year, or if it expressed its intent to forgo
collections from such a levy under division (E) of section 5705.29 of
the Revised Code. Such a request for an amount requiring a lower rate
applies only to the succeeding fiscal year unless the subdivision or
taxing unit expressly states that the request is permanent.

Except

as
provided in section 5705.312 of the Revised Code, if the levies
required in divisions (B) and (C) of this section for the subdivision
or taxing unit equal or exceed the entire minimum levy of the
subdivision as fixed, the minimum levies of the other subdivisions or
taxing units shall be reduced by the commission to provide for the
levies and an operating levy for the subdivision. Such additional
levy shall be deducted from the minimum levies of each of the other
subdivisions or taxing units, but the operating levy for a school
district shall not be reduced below a figure equivalent to forty-five
per cent of the millage available within the ten-mill limitation
after all the levies in divisions (B) and (C) of this section have
been provided for.

If
a municipal corporation and a township have entered into an
annexation agreement under section 709.192 of the Revised Code in
which they agree to reallocate their shares of the minimum levies
established under this division and if that annexation agreement is
submitted along with the annual tax budget of both the township and
the municipal corporation, then, when determining the minimum levy
under this division, the auditor shall allocate, to the extent
possible, the minimum levy for that municipal corporation and
township in accordance with their annexation agreement.

(E)
The levies prescribed by section 3709.29 of the Revised Code.

Divisions
(A) to
(E)
(D)

of this section are mandatory, and commissions shall be without
discretion to reduce such minimum levies except as provided in
such
divisions
section
5705.316 of the Revised Code
.

If
any debt charge is omitted from the budget, the commission shall
include it therein.

Sec.
5705.314.
(A)

If
the board of education of a city, local, or exempted village school
district proposes to change its levy within the ten-mill limitation
in a manner that will result in an increase in the amount of real
property taxes levied by the board in the tax year the change takes
effect, the board shall hold a public hearing solely on the proposal

and
obtain approval from the county budget commission of each county in
which the district has territory
before
adopting a resolution to implement the proposal.

The

(B)
Before holding the board of education hearing required by division
(A) of this section, the
board
shall publish notice of the hearing in a newspaper of general
circulation in the school district once a week for two consecutive
weeks or as provided in section 7.16 of the Revised Code. The second
publication shall be not less than ten nor more than thirty days
before the date of the hearing, and the notice shall include the
date, time, place, and subject of the hearing, and a statement that
the change proposed by the board may result in an increase in the
amount of real property taxes levied by the board. At the time the
board submits the notice for publication, the board shall send a copy
of the notice to the auditor of the county where the school district
is located or, if the school district is located in more than one
county, to the auditor of each of those counties.
Upon
receipt of the notice, the county auditor shall certify a copy of the
notice to the county budget commission.

(C)
Upon certification of a notice to a county budget commission pursuant
to division (B) of this section, the county budget commission shall
schedule a hearing for a date that is not less than ten and not more
than thirty days after the date of certification.

The
hearing shall not be held on the same day as the hearing required by
division (A) of this section, and if more than one county budget
commission is required under this division to hold a hearing on the
proposed levy, the county budget commission hearings shall not be
held on the same day. Each commission shall publish the date, time,
location, and purpose of the meeting on the county auditor's web
site. The school district shall publish that information on the
school's web site.

During
the hearing before each commission, the school district shall present
evidence demonstrating the need to change the levy to the county
budget commission. The district shall not change the levy unless, by
majority vote, the county budget commission approves the need to
change the levy.

Sec.
5705.316.
(A)
A board of education of a city, local, or exempted village school
district shall make the certification required under section 5705.36
of the Revised Code to the county auditor of each county in which the
district is located on or before the fifteenth day of July. A
district that has designated funds for permanent improvements as
provided in division (B) of this section shall, at the same time,
certify to each such county auditor an accounting of the amount of
such designation, the amount spent towards permanent improvements,
and the amount remaining of the designation.

(B)
The county budget commission or, if applicable, joint budget
commission shall convene on or before the fifteenth day of August to
review the certifications from each such school district to determine
if the amount of carry-over balance in the district's general
operating budget from the preceding fiscal year exceeds forty per
cent of the district's general fund expenditures made in the
preceding fiscal year. A board may, by resolution, designate an
amount of the district's carry-over balance as reserved for
expenditure on current or future permanent improvements within the
following three years. Upon certification of the resolution to the
commission on or before the fifteenth day of July, the commission
shall not consider the designated amount in determining whether the
district's carry-over balance exceeded the threshold for those three
years. If such funds are not expended as designated within those
three years, the commission shall consider them as a part of the
carry-over balance in all subsequent years.

(C)
If a district's carry-over balance exceeds the threshold, the
commission shall reduce the rate of, or the annual amount of money to
be raised by, any or all of the current expense taxes levied by the
district for the current tax year so as to reduce the district's
collections by the amount by which the district's general operating
budget carry-over balance exceeded the threshold multiplied by a
percentage as provided in the following table relative to the amount
of the carry-over balance:

1

2

A

Carry-over
balance less than $2 million

0%

B

Carry-over
balance is $2 million or more but less than $4 million

25%

C

Carry-over
balance is $4 million or more but less than $6 million

50%

D

Carry-over
balance is $6 million or more but less than $10

million

75%

E

Carry-over
balance $10 million or more

100%

.These
reductions apply only for the current tax year and shall be made
without regard to maintaining the reduction limit imposed under
division (E)(2) of section 319.301 of the Revised Code. The tax
commissioner shall treat such a reduction as a reduction in the rate
at which the tax is authorized to be levied.

(D)
Nothing in this section prohibits a county budget commission from
reducing the rate of a current levy as otherwise authorized by law.
This section does not apply to any of the following:

(1)
A school district with a current operating expenditure per equivalent
pupil that is less than eighty per cent of the state average, as
determined under section 3302.21 of the Revised Code, unless the
district's carry-over balance exceeds fifty per cent of the preceding
year's expenditures as otherwise determined under division (B) of
this section.

(2)
An island school district.

(3)
A joint state school district.

Sec.
5705.32.
(A)
The county budget commission shall adjust the estimated amounts
required from the general property tax for each fund, as shown by the
tax budgets or other information required to be provided under
section 5705.281 of the Revised Code, so as to bring the tax levies
required therefor within the limitations specified in sections
5705.01 to 5705.47 of the Revised Code, for such levies
,
but no levy shall be reduced below a minimum fixed by law
.
The commission may revise and adjust the estimate of balances and
receipts from all sources for each fund and shall determine the total
appropriations that may be made therefrom.

If
a taxing unit declared its intent to forgo all or a portion of
collections under division (E) of section 5705.29 of the Revised
Code, the commission shall adjust the rate of each levy as required
to result in that reduction in collections.

(B)

Except
as otherwise provided in section 5705.31 of the Revised Code, the
county budget commission may adjust the estimated amounts required
from the general property tax for each fund, as shown by the tax
budgets or other information required to be provided under section
5705.281 of the Revised Code, so as to bring the tax levies required
therefor within levels the commission finds reasonable and prudent to
avoid unnecessary, excessive, or unneeded collections. If the county
budget commission adjusts amounts from any tax levied by a taxing
unit other than a qualifying subdivision, the adjustment shall be
subject to both of the following:

(1)
Except as authorized by section 5705.316 of the Revised Code, no levy
shall be reduced below the level that would cause it to collect less
than what the levy collected in the preceding year, unless funds are
available from reserve balance accounts, nonexpendable trust funds,
or carryover amounts to offset a reduction below that level, and the
budget commission shall consider reserve balance accounts,
nonexpendable trust funds, and carryover amounts for that purpose;

(2)
Except as authorized by division (A) of this section or section
5705.316 of the Revised Code, no levy may be reduced to a level that
would cause a school district subject to division (A) of section
3317.01 of the Revised Code to levy less than twenty mills for
current operating expenses as required by that division.

(C)

The
commission shall fix the amount of the county public library fund to
be distributed to each board of public library trustees that has
qualified under section 5705.28 of the Revised Code for participation
in the proceeds of such fund. The amount paid to all libraries in the
county from such fund shall never be a smaller per cent of the fund
than the average of the percentages of the county's classified taxes
that were distributed to libraries in 1982, 1983, and 1984, as
determined by the county auditor. The commission shall base the
amount for distribution on the needs of such library for the
construction of new library buildings, parts of buildings,
improvements, operation, maintenance, or other expenses. In
determining the needs of each library board of trustees, and in
calculating the amount to be distributed to any library board of
trustees on the basis of its needs, the commission shall make no
reduction in its allocation from the fund on account of additional
revenues realized by a library from increased taxes or service
charges voted by its electorate, from revenues received through
federal or state grants, projects, or programs, or from grants from
private sources.

(C)
(D)

Notwithstanding the fact that alternative methods of financing such
needs are available, after fixing the amount to be distributed to
libraries, the commission shall fix the amount, if any, of the county
public library fund to be distributed to each board of township park
commissioners, the county, and each municipal corporation in
accordance with the following:

(1)
Each municipal corporation in the county shall receive a per cent of
the remainder that equals the per cent that the county auditor
determines the classified property taxes originating in such
municipal corporation in 1984 were of the total of all of the
county's classified property taxes in 1984. The commission may deduct
from this amount any amount that the budget commission allows to the
board of township park commissioners of a township park district, the
boundaries of which are coextensive with or contained within the
boundaries of the municipal corporation.

(2)
The county shall receive a per cent of the remainder that equals the
per cent that the county auditor determines the classified property
taxes originating outside of the boundaries of municipal corporations
in the county in 1984 were of the total of all of the county's
classified property taxes in 1984. The commission may deduct from
this amount any amount that the budget commission allows to the board
of township park commissioners of a township park district, the
boundaries of which are not coextensive with or contained within
those of any municipal corporation in the county.

(D)
(E)

The commission shall separately set forth the amounts fixed and
determined under divisions
(B)
(C)

and
(C)
(D)

of this section in the "official certificate of estimated
resources," as provided in section 5705.35 of the Revised Code,
and separately certify such amount to the county auditor who shall be
guided thereby in the distribution of the county public library fund
for and during the fiscal year. In determining such amounts, the
commission shall be guided by the estimate certified by the tax
commissioner and presented by the auditor under section 5705.31 of
the Revised Code, as to the total amount of revenue to be received in
the county public library fund during such fiscal year.

(E)(1)
(F)(1)

At least five days before the date of any meeting at which the budget
commission plans to discuss the distribution of the county public
library fund, it shall notify each legislative authority and board of
public library trustees, county commissioners, and township park
commissioners eligible to participate in the distribution of the fund
of the date, time, place, and agenda for the meeting. Any legislative
authority or board entitled to notice under this division may
designate an officer or employee of such legislative authority or
board to whom the commission shall deliver the notice.

(2)
Before the final determination of the amount to be allotted to each
subdivision from any source, the commission shall permit
representatives of each subdivision and of each board of public
library trustees to appear before it to explain its financial needs.

(F)
(G)

If any public library receives and expends any funds allocated to it
under this section for the construction of new library buildings or
parts of buildings, such library shall be free and open to the
inhabitants of the county in which it is located. Any board of
library trustees that receives funds under this section and section
5747.48 of the Revised Code shall have its financial records open for
public inspection at all reasonable times.

Sec.
5705.321.
(A)
As used in this section:

(1)
"City, located wholly or partially in the county, with the
greatest population" means the city, located wholly or partially
in the county, with the greatest population residing in the county;
however, if the county budget commission on or before January 1,
1998, adopted an alternative method of apportionment that was
approved by the city, located partially in the county, with the
greatest population but not the greatest population residing in the
county, "city, located wholly or partially in the county, with
the greatest population" means the city, located wholly or
partially in the county, with the greatest population whether
residing in the county or not, if this alternative meaning is adopted
by action of the board of county commissioners and a majority of the
boards of township trustees and legislative authorities of municipal
corporations located wholly or partially in the county.

(2)
"Participating political subdivision" means a municipal
corporation or township that satisfies all of the following:

(a)
It is located wholly or partially in the county.

(b)
It is not the city, located wholly or partially in the county, with
the greatest population.

(c)
Public library fund moneys are apportioned to it under the county's
alternative method or formula of apportionment in the current
calendar year.

(B)
In lieu of the method of apportionment of the county public library
fund provided by division
(C)
(D)

of section 5705.32 of the Revised Code, the county budget commission
may provide for the apportionment of the fund under an alternative
method or on a formula basis as authorized by this section.

Except
as otherwise provided in division (C) of this section, the
alternative method of apportionment shall have first been approved by
all of the following governmental units: the board of county
commissioners; the legislative authority of the city, located wholly
or partially in the county, with the greatest population; and a
majority of the boards of township trustees and legislative
authorities of municipal corporations, located wholly or partially in
the county, excluding the legislative authority of the city, located
wholly or partially in the county, with the greatest population. In
granting or denying approval for an alternative method of
apportionment, the board of county commissioners, boards of township
trustees, and legislative authorities of municipal corporations shall
act by motion. A motion to approve shall be passed upon a majority
vote of the members of a board of county commissioners, board of
township trustees, or legislative authority of a municipal
corporation, shall take effect immediately, and need not be
published.

Any
alternative method of apportionment adopted and approved under this
division may be revised, amended, or repealed in the same manner as
it may be adopted and approved. If an alternative method of
apportionment adopted and approved under this division is repealed,
the county public library fund shall be apportioned among the
subdivisions eligible to participate in the fund, commencing in the
ensuing calendar year, under the apportionment provided in divisions

(B)
(C)

and
(C)
(D)

of section 5705.32 of the Revised Code, unless the repeal occurs by
operation of division (C) of this section or a new method for
apportionment of the fund is provided in the action of repeal.

(C)
This division applies only in counties in which the city, located
wholly or partially in the county, with the greatest population has a
population of twenty thousand or less and a population that is less
than fifteen per cent of the total population of the county. In such
a county, the legislative authorities or boards of township trustees
of two or more participating political subdivisions, which together
have a population residing in the county that is a majority of the
total population of the county, each may adopt a resolution to
exclude the approval otherwise required of the legislative authority
of the city, located wholly or partially in the county, with the
greatest population. All of the resolutions to exclude that approval
shall be adopted not later than the first Monday of August of the
year preceding the calendar year in which distributions are to be
made under an alternative method of apportionment.

A
motion granting or denying approval of an alternative method of
apportionment under this division shall be adopted by a majority vote
of the members of the board of county commissioners and by a majority
vote of a majority of the boards of township trustees and legislative
authorities of the municipal corporations located wholly or partially
in the county, other than the city, located wholly or partially in
the county, with the greatest population, shall take effect
immediately, and need not be published. The alternative method of
apportionment under this division shall be adopted and approved
annually, not later than the first Monday of August of the year
preceding the calendar year in which distributions are to be made
under it. A motion granting approval of an alternative method of
apportionment under this division repeals any existing alternative
method of apportionment, effective with distributions to be made from
the fund in the ensuing calendar year. An alternative method of
apportionment under this division shall not be revised or amended
after the first Monday of August of the year preceding the calendar
year in which distributions are to be made under it.

(D)
In determining an alternative method of apportionment authorized by
this section, the county budget commission may include in the method
any factor considered to be appropriate and reliable, in the sole
discretion of the county budget commission.

(E)
On the basis of any alternative method of apportionment adopted and
approved as authorized by this section, as certified by the auditor
to the county treasurer, the county treasurer shall make distribution
of the money in the county public library fund to each subdivision
eligible to participate in the fund, and the auditor, when the amount
of those shares is in the custody of the treasurer in the amounts so
computed to be due the respective subdivisions, shall at the same
time certify to the tax commissioner the percentage share of the
county as a subdivision. All money received into the treasury of a
subdivision from the county public library fund in a county treasury
shall be paid into the general fund and used for the current
operating expenses of the subdivision.

(F)
The actions of the county budget commission taken pursuant to this
section are final and may not be appealed to the board of tax
appeals, except on the issues of abuse of discretion and failure to
comply with the formula.

Sec.
5705.35.
(A)
The certification of the budget commission to the taxing authority of
each subdivision or taxing unit, as set forth in section 5705.34 of
the Revised Code, shall show the various funds of such subdivisions
other than funds to be created by transfer and shall be filed by the
county budget commission with such taxing authority on or before the
first day of March in the case of school districts and the city of
Cincinnati and on or before the first day of September in each year
in the case of all other taxing authorities. There shall be set forth
on the credit side of each fund the estimated unencumbered balances
and receipts, and if a tax is to be levied for such fund, the
estimated revenue to be derived therefrom, the rate of the levy, and
what portion thereof is within, and what in excess of, the ten-mill
tax limitation, and on the debit side, the total appropriations that
may be made therefrom.
Subject
to division (F) of section 5705.29 of the Revised Code, any reserve
balance in an account established under section 5705.13 of the
Revised Code for the purpose described in division (A)(1) of that
section, and the principal of a nonexpendable trust fund established
under section 5705.131 of the Revised Code and any additions to
principal arising from sources other than the reinvestment of
investment earnings arising from that fund, are not unencumbered
balances for the purposes of this section. The balance in a reserve
balance account established under section 5705.132 of the Revised
Code is not an unencumbered balance for the purposes of this
division.

There
shall be attached to the certification a summary, which shall be
known as the "official certificate of estimated resources,"
that shall state the total estimated resources of each fund of the
subdivision that are available for appropriation in the fiscal year,
other than funds to be created by transfer, and a statement of the
amount of the total tax duplicate of the school district to be used
in the collection of taxes for the following calendar year. Before
the end of the fiscal year, the taxing authority of each subdivision
and other taxing unit shall revise its tax budget, if one was
adopted, so that the total contemplated expenditures from any fund
during the ensuing fiscal year will not exceed the total
appropriations that may be made from such fund, as determined by the
budget commission in its certification; and such revised budget shall
be the basis of the annual appropriation measure.

(B)
Revenue from real property taxes scheduled to be settled on or before
the tenth day of August and the fifteenth day of February of a fiscal
year under divisions (A) and (C) of section 321.24 of the Revised
Code shall not be available for appropriation by a board of education
prior to the fiscal year in which such latest scheduled settlement
date occurs, except that moneys advanced to the treasurer of a board
of education under division (A)(2)(b) of section 321.34 of the
Revised Code shall be available for appropriation in the fiscal year
in which they are paid to the treasurer under such section. If the
date for any settlement of taxes is extended under division (E) of
section 321.24 of the Revised Code, the latest date set forth in
divisions (A) to (D) of that section shall be used to determine in
which fiscal year the revenues are first available for appropriation.

Sec.
5705.36.
(A)(1)
On or about the first day of each fiscal year, the fiscal officer of
each subdivision and other taxing unit shall certify to the county
auditor the total amount from all sources available for expenditures
from each fund set up in the tax budget or, if adoption of a tax
budget was waived under section 5705.281 of the Revised Code, from
each fund created by or on behalf of the taxing authority. The amount
certified shall include any unencumbered balances that existed at the
end of the preceding year
,
excluding any of the following:

(a)
Subject to division (F) of section 5705.29 of the Revised Code, any
reserve balance in an account established under section 5705.13 of
the Revised Code for the purpose described in division (A)(1) of that
section;

(b)
The principal of a nonexpendable trust fund established under section
5705.131 of the Revised Code and any additions to principal arising
from sources other than the reinvestment of investment earnings
arising from that fund;

(c)
The balance in a reserve balance account established under section
5705.132 of the Revised Code
.

A
school district's certification shall separately show the amount of
any notes and unpaid and outstanding expenses on the preceding
thirtieth day of June that are to be paid from property taxes that
are to be settled during the current fiscal year under divisions (C)
and (D) of section 321.24 of the Revised Code. The budget commission,
taking into consideration the balances and revenues to be derived
from taxation and other sources, shall revise its estimate of the
amounts that will be credited to each fund from such sources, and
shall certify to the taxing authority of each subdivision an amended
official certificate of estimated resources.

(2)
Subject to divisions (A)(3) and (4) of this section, upon a
determination by the fiscal officer of a subdivision that the revenue
to be collected by the subdivision will be greater or less than the
amount included in an official certificate, the fiscal officer may
certify the amount of the deficiency or excess to the commission, and
if the commission determines that the fiscal officer's certification
is reasonable, the commission shall certify an amended official
certificate reflecting the deficiency or excess.

(3)
Upon a determination by the fiscal officer of a subdivision that the
revenue to be collected by the subdivision will be greater than the
amount included in an official certificate and the legislative
authority intends to appropriate and expend the excess revenue, the
fiscal officer shall certify the amount of the excess to the
commission, and if the commission determines that the fiscal
officer's certification is reasonable, the commission shall certify
an amended official certificate reflecting the excess.

(4)
Upon a determination by the fiscal officer of a subdivision that the
revenue to be collected by the subdivision will be less than the
amount included in an official certificate and that the amount of the
deficiency will reduce available resources below the level of current
appropriations, the fiscal officer shall certify the amount of the
deficiency to the commission, and the commission shall certify an
amended certificate reflecting the deficiency.

(5)
The total appropriations made during the fiscal year from any fund
shall not exceed the amount set forth as available for expenditure
from such fund in the official certificate of estimated resources, or
any amendment thereof, certified prior to the making of the
appropriation or supplemental appropriation.

(B)
At the time of settlement of taxes against which notes have been
issued under division (D) of section 133.10 of the Revised Code and
at the time a tax duplicate is delivered pursuant to section 319.28
or 319.29 of the Revised Code, the county auditor shall determine
whether the total amount to be distributed to each school district
from such settlement or duplicate, when combined with the amounts to
be distributed from any subsequent settlement, will increase or
decrease the amount available for appropriation during the current
fiscal year from any fund. The county auditor shall certify this
finding to the budget commission, which shall certify an amended
official certificate reflecting the finding or certify to the school
district that no amended certificate needs to be issued.

Sec.
5705.37.
The
taxing authority of any subdivision, or the board of trustees of any
public library, nonprofit corporation, or library association
maintaining a free public library that has adopted and certified
rules under section 5705.28 of the Revised Code, that is dissatisfied
with any action of the county budget commission may, through its
fiscal officer, appeal to the board of tax appeals within thirty days
after the receipt by the subdivision of the official certificate or
notice of the commission's action. In like manner, but through its
clerk, any park district may appeal to the board of tax appeals. An
appeal under this section shall be taken by the filing of a notice of
appeal, either in person or by certified mail, express mail, or
authorized delivery service as provided in section 5703.056 of the
Revised Code, with the board and with the commission. If notice of
appeal is filed by certified mail, express mail, or authorized
delivery service, date of the United States postmark placed on the
sender's receipt by the postal service or the date of receipt
recorded by the authorized delivery service shall be treated as the
date of filing. Upon receipt of the notice of appeal, the commission,
by certified mail, shall notify all persons who were parties to the
proceeding before the commission of the filing of the notice of
appeal and shall file proof of notice with the board of tax appeals.
The secretary of the commission shall forthwith certify to the board
a transcript of the full and accurate record of all proceedings
before the commission, together with all evidence presented in the
proceedings or considered by the commission, pertaining to the action
from which the appeal is taken. The secretary of the commission also
shall certify to the board any additional information that the board
may request.

The
board of tax appeals, in a de novo proceeding, shall forthwith
consider the matter presented to the commission, and may modify any
action of the commission with reference to the budget, the estimate
of revenues and balances, the allocation of the public library fund,
or the fixing of tax rates.
The

If
the appeal is taken in response to the fixing of tax rates through a
reduction made by the county budget commission, the burden of proof
is on the appellant to show the need for a different rate or amount
to meet expenses in the ensuing fiscal year.

The

finding
of the board of tax appeals shall be substituted for the findings of
the commission, and shall be sent to the tax commissioner, the county
auditor, and the taxing authority of the subdivision affected, or to
the board of public library trustees affected, as the action of the
commission under sections 5705.01 to 5705.47 of the Revised Code. At
the request of the taxing authority, board of trustees, or park
district that appealed an action of the county budget commission
under this section, the findings of the board of tax appeals shall be
sent by certified mail at the requestor's expense.

This
section does not give the board of tax appeals any authority to place
any tax levy authorized by law within the ten-mill limitation outside
of that limitation, or to reduce any levy below any minimum fixed by
law.

Sec.
5705.38.
(A)
This division does not apply to school district appropriation
measures. On or about the first day of each fiscal year, the taxing
authority of each subdivision or other taxing unit shall pass an
appropriation measure, and thereafter during the year it may pass any
supplemental appropriation measures as it finds necessary, based on
the revised tax budget or the official certificate of estimated
resources or amendments of the certificate. If it desires to postpone
the passage of the annual appropriation measure until an amended
certificate is received based on the actual balances, it may pass a
temporary appropriation measure for meeting the ordinary expenses of
the taxing unit until no later than the first day of April or, in the
case of the city of Cincinnati, the first day of October, of the
current year, and the appropriations made in the temporary measure
shall be chargeable to the appropriations in the annual appropriation
measure for that fiscal year when passed.

(B)
A board of education shall pass its annual appropriation measure by
the first day of October. If, by the first day of October, a board
has not received either the amended certificates of estimated
resources required by division (B) of section 5705.36 of the Revised
Code or certifications that no amended certificates need be issued,
the adoption of the annual appropriation measure shall be delayed
until the amended certificates or certifications are received. Prior
to the passage of the annual appropriation measure, the board may
pass a temporary appropriation measure for meeting the ordinary
expenses of the district until it passes an annual appropriation
measure, and appropriations made in the temporary measure shall be
chargeable to the appropriations in the annual appropriation measure
for that fiscal year when passed. During the fiscal year and after
the passage of the annual appropriation measure, a district may pass
any supplemental appropriation measures as it finds necessary, based
on the revised tax budget or the official certificate of estimated
resources or amendments of the certificate.

School
district appropriation measures shall be in the form as the auditor
of state, after consultation with the tax commissioner, prescribes.

(C)
Appropriation measures shall be classified so as to set forth
separately the amounts appropriated for each office, department, and
division, and, within each, the amount appropriated for personal
services. In the case of a municipal university, the board of
directors of which have assumed, in the manner provided by law,
custody and control of the funds of the university, funds shall be
appropriated as a lump sum for the use of the university.

Sec.
5705.391.
(A)

Not
later than the thirty-first day of August of each fiscal year, each
school district board of education shall submit to the department of
education and workforce appropriations, revenue, and fund balance
assumptions contained in the budget adopted by the board for that
fiscal year and projections of expenditures, revenues, and fund
balance for the three succeeding fiscal years.

Not
later than the last day of February of each fiscal year, each school
district board of education shall submit updated appropriations,
revenue, and fund balance information for the budget adopted for the
fiscal year and updated projections of expenditures, revenues, and
fund balance for the three succeeding fiscal years.

The
department of education and workforce and the auditor of state shall
jointly adopt rules
requiring
boards of education to submit five-year
governing
the submission of current budget information and three-year

projections
of operational revenues and expenditures

by
boards of education. The rules shall specify the information required
for current budget information and three-year forecast submissions
and any additional school district financial and operating
information necessary for the audits and analyses conducted by the
auditor of state or the department, including special and federal
funds expenditures, revenues, and balances
.
The rules shall provide for the auditor of state or the department to
examine the
five-year

current
budget information and three-year
projections
and to determine whether any further fiscal analysis is needed to
ascertain whether a district has the potential to incur a deficit
during the first
three

two

years
of the
five-year

three-year

period.

The
auditor of state or the department may conduct any further audits or
analyses necessary to assess any district's fiscal condition. If
further audits or analyses are conducted by the auditor of state, the
auditor of state shall notify the department of the district's fiscal
condition, and the department shall immediately notify the district
of any potential to incur a deficit in the current fiscal year or of
any strong indications that a deficit will be incurred in either of
the ensuing two years. If such audits or analyses are conducted by
the department, the department shall immediately notify the district
and the auditor of state of such potential deficit or strong
indications thereof.

A
district notified under this section shall take immediate steps to
eliminate any deficit in the current fiscal year and shall begin to
plan to avoid the projected future deficits.

(B)
The state board of education, in accordance with sections 3319.31 and
3319.311 of the Revised Code, may limit, suspend, or revoke a license
as defined under section 3319.31 of the Revised Code that has been
issued to any school employee found to have willfully contributed
erroneous, inaccurate, or incomplete data required for the submission
of the
five-year
current
budget information and

three-year

projection
required by this section.

(C)

The
department and the auditor of state, in their joint adoption of rules
under division (A) of this section, shall not require a board of
education to submit its five-year projection of operational revenues
and expenditures prior to the thirtieth day of November of any fiscal
year.

(D)

Beginning
with submissions required
in

for

fiscal
year
2024

2026

and
for each fiscal year in which a submission is required under this
section thereafter, the department and the auditor shall label the
projections regarding property tax allocation in the projection as
"
state
share of local property taxes.
state
reimbursement for property tax credits.

(D)
A school district may submit to the county budget commission the most
recent projection prepared pursuant to this section with its tax
budget as required by section 5705.28 of the Revised Code or other
information as allowed by section 5705.281 of the Revised Code.

Sec.
5705.40.
Any
appropriation ordinance or measure may be amended or supplemented,
provided that such amendment or supplement shall comply with all
provisions of law governing the taxing authority in making an
original appropriation and that no appropriation for any purpose
shall be reduced below an amount sufficient to cover all unliquidated
and outstanding contracts or obligations certified from or against
the appropriation. Transfers may be made by resolution or ordinance
from one appropriation item to another, except that a board of county
commissioners shall, at the request of the county board of elections,
adopt a resolution to transfer funds from one appropriation item of
the board of elections to another appropriation item of the board of
elections unless the board of county commissioners determines that
the transfer is sought for the purpose of providing employee bonuses
or salary increases other than increases necessary to reimburse
employees for overtime worked. At the close of each fiscal year, the
unencumbered balance of each appropriation shall revert to the
respective fund from which it was appropriated and shall be subject
to future appropriations, provided that funds unexpended at the end
of such fiscal year previously appropriated for the payment of
obligations unliquidated and outstanding, or previously appropriated
pursuant to section 321.261 of the Revised Code for the collection of
delinquent taxes, need not be reappropriated
,
but such unexpended funds shall not be included by any budget-making
body or board or any county budget commission in estimating the
balance available for the purposes of the next or any succeeding
fiscal year
.

The
annual appropriation measure, or an amendment or supplement thereto,
may contain an appropriation for contingencies not to exceed the
amount authorized by section 5705.29 of the Revised Code and in the
case of a school district may also include a voluntary contingency
reserve balance in the amount authorized by such section. By a
two-thirds vote of all members of the taxing authority of a
subdivision or taxing unit, expenditures may be authorized in
pursuance of such contingency appropriation or voluntary contingency
reserve balance for any lawful purpose for which public funds may be
expended, if such purpose could not have reasonably been foreseen at
the time of the adoption of the appropriation measure or, in the case
of a voluntary contingency reserve balance, if the board of education
requests payment of any portion of such balance.

Sec.
5705.412.
(A)
As used in this section, "qualifying contract" means any
agreement for the expenditure of money under which aggregate payments
from the funds included in the school district's
five-year

three-year

forecast
under section 5705.391 of the Revised Code will exceed the lesser of
the following amounts:

(1)
Five hundred thousand dollars;

(2)
One per cent of the total revenue to be credited in the current
fiscal year to the district's general fund, as specified in the
district's most recent certificate of estimated resources certified
under section 5705.36 of the Revised Code.

(B)(1)
Notwithstanding section 5705.41 of the Revised Code, no school
district shall adopt any appropriation measure, make any qualifying
contract, or increase during any school year any wage or salary
schedule unless there is attached thereto a certificate, signed as
required by this section, that the school district has in effect the
authorization to levy taxes including the renewal
or
replacement
of
existing levies which, when combined with the estimated revenue from
all other sources available to the district at the time of
certification, are sufficient to provide the operating revenues
necessary to enable the district to maintain all personnel and
programs for all the days set forth in its adopted school calendars
for the current fiscal year and for a number of days in succeeding
fiscal years equal to the number of days instruction was held or is
scheduled for the current fiscal year, as follows:

(a)
A certificate attached to an appropriation measure under this section
shall cover only the fiscal year in which the appropriation measure
is effective and shall not consider the renewal
or
replacement
of
an existing levy as the authority to levy taxes that are subject to
appropriation in the current fiscal year unless the renewal
or
replacement
levy
has been approved by the electors and is subject to appropriation in
the current fiscal year.

(b)
A certificate attached, in accordance with this section, to any
qualifying contract shall cover the term of the contract.

(c)
A certificate attached under this section to a wage or salary
schedule shall cover the term of the schedule.

If
the board of education has not adopted a school calendar for the
school year beginning on the first day of the fiscal year in which a
certificate is required, the certificate attached to an appropriation
measure shall include the number of days on which instruction was
held in the preceding fiscal year and other certificates required
under this section shall include that number of days for the fiscal
year in which the certificate is required and any succeeding fiscal
years that the certificate must cover.

The
certificate shall be signed by the treasurer and president of the
board of education and the superintendent of the school district,
unless the district is in a state of fiscal emergency declared under
Chapter 3316. of the Revised Code. In that case, the certificate
shall be signed by a member of the district's financial planning and
supervision commission who is designated by the commission for this
purpose.

(2)
In lieu of the certificate required under division (B) of this
section, an alternative certificate stating the following may be
attached:

(a)
The contract is a multi-year contract for materials, equipment, or
nonpayroll services essential to the education program of the
district;

(b)
The multi-year contract demonstrates savings over the duration of the
contract as compared to costs that otherwise would have been
demonstrated in a single year contract, and the terms will allow the
district to reduce the deficit it is currently facing in future years
as demonstrated in its
five-year

three-year

forecast
adopted in accordance with section 5705.391 of the Revised Code.

The
certificate shall be signed by the treasurer and president of the
board of education and the superintendent of the school district,
unless the district is in a state of fiscal emergency declared under
Chapter 3316. of the Revised Code. In that case, the certificate
shall be signed by a member of the district's financial planning and
supervision commission who is designated by the commission for this
purpose.

(C)
Every qualifying contract made or wage or salary schedule adopted or
put into effect without such a certificate shall be void, and no
payment of any amount due thereon shall be made.

(D)
The department of education and workforce and the auditor of state
jointly shall adopt rules governing the methods by which treasurers,
presidents of boards of education, superintendents, and members of
financial planning and supervision commissions shall estimate revenue
and determine whether such revenue is sufficient to provide necessary
operating revenue for the purpose of making certifications required
by this section.

(E)
The auditor of state shall be responsible for determining whether
school districts are in compliance with this section. At the time a
school district is audited pursuant to section 117.11 of the Revised
Code, the auditor of state shall review each certificate issued under
this section since the district's last audit, and the appropriation
measure, contract, or wage and salary schedule to which such
certificate was attached. If the auditor of state determines that a
school district has not complied with this section with respect to
any qualifying contract or wage or salary schedule, the auditor of
state shall notify the prosecuting attorney for the county, the city
director of law, or other chief law officer of the school district.
That officer may file a civil action in any court of appropriate
jurisdiction to seek a declaration that the contract or wage or
salary schedule is void, to recover for the school district from the
payee the amount of payments already made under it, or both, except
that the officer shall not seek to recover payments made under any
collective bargaining agreement entered into under Chapter 4117. of
the Revised Code. If the officer does not file such an action within
one hundred twenty days after receiving notice of noncompliance from
the auditor of state, any taxpayer may institute the action in the
taxpayer's own name on behalf of the school district.

(F)
This section does not apply to any contract or increase in any wage
or salary schedule that is necessary in order to enable a board of
education to comply with division (B) of section 3317.13 of the
Revised Code, provided the contract or increase does not exceed the
amount required to be paid to be in compliance with such division.

(G)
Any officer, employee, or other person who expends or authorizes the
expenditure of any public funds or authorizes or executes any
contract or schedule contrary to this section, expends or authorizes
the expenditure of any public funds on the void contract or schedule,
or issues a certificate under this section which contains any false
statements is liable to the school district for the full amount paid
from the district's funds on the contract or schedule. The officer,
employee, or other person is jointly and severally liable in person
and upon any official bond that the officer, employee, or other
person has given to the school district to the extent of any payments
on the void claim, not to exceed ten thousand dollars. However, no
officer, employee, or other person shall be liable for a mistaken
estimate of available resources made in good faith and based upon
reasonable grounds. If an officer, employee, or other person is found
to have complied with rules jointly adopted by the department of
education and workforce and the auditor of state under this section
governing methods by which revenue shall be estimated and determined
sufficient to provide necessary operating revenue for the purpose of
making certifications required by this section, the officer,
employee, or other person shall not be liable under this section if
the estimates and determinations made according to those rules do
not, in fact, conform with actual revenue. The prosecuting attorney
of the county, the city director of law, or other chief law officer
of the district shall enforce this liability by civil action brought
in any court of appropriate jurisdiction in the name of and on behalf
of the school district. If the prosecuting attorney, city director of
law, or other chief law officer of the district fails, upon the
written request of any taxpayer, to institute action for the
enforcement of the liability, the attorney general, or the taxpayer
in the taxpayer's own name, may institute the action on behalf of the
subdivision.

(H)
This section does not require the attachment of an additional
certificate beyond that required by section 5705.41 of the Revised
Code for current payrolls of, or contracts of employment with, any
employees or officers of the school district.

This
section does not require the attachment of a certificate to a
temporary appropriation measure if all of the following apply:

(1)
The amount appropriated does not exceed twenty-five per cent of the
total amount from all sources available for expenditure from any fund
during the preceding fiscal year;

(2)
The measure will not be in effect on or after the thirtieth day
following the earliest date on which the district may pass an annual
appropriation measure;

(3)
An amended official certificate of estimated resources for the
current year, if required, has not been certified to the board of
education under division (B) of section 5705.36 of the Revised Code.

Sec.
5705.55.
(A)
The board of directors of a lake facilities authority, by a vote of
two-thirds of all its members, may at any time declare by resolution
that the amount of taxes which may be raised within the ten-mill
limitation by levies on the current tax duplicate will be
insufficient to provide an adequate amount for the necessary
requirements of the authority, that it is necessary to levy a tax in
excess of such limitation for any of the purposes specified in
divisions (A), (B), (F), and (H) of section 5705.19 of the Revised
Code, and that the question of such additional tax levy shall be
submitted by the board to the electors residing within the boundaries
of the impacted lake district on the day of a primary or general
election. The resolution shall conform to section 5705.19 of the
Revised Code, except that the tax levy may be in effect for no more
than five years, as set forth in the resolution, unless the levy is
for the payment of debt charges, and the total number of mills levied
for each dollar of taxable valuation that may be levied under this
section for any tax year shall not exceed one mill. If the levy is
for the payment of debt charges, the levy shall be for the life of
the bond indebtedness.

The
resolution shall specify the date of holding the election, which
shall not be earlier than ninety days after the adoption and
certification of the resolution to the board of elections. The
resolution shall not include a levy on the current tax list and
duplicate unless the election is to be held at or prior to the first
Tuesday after the first Monday in November of the current tax year.

The
resolution shall be certified to the board of elections of the proper
county or counties not less than ninety days before the date of the
election. The resolution shall go into immediate effect upon its
passage, and no publication of the resolution shall be necessary
other than that provided in the notice of election. Section 5705.25
of the Revised Code shall govern the arrangements for the submission
of such question and other matters concerning the election, to which
that section refers, except that the election shall be held on the
date specified in the resolution. If a majority of the electors
voting on the question so submitted in an election vote in favor of
the levy, the board of directors may forthwith make the necessary
levy within the boundaries of the impacted lake district at the
additional rate in excess of the ten-mill limitation on the tax list,
for the purpose stated in the resolution. The tax levy shall be
included in the next annual tax budget that is certified to the
county budget commission.

(B)
The form of the ballot in an election held on the question of levying
a tax proposed pursuant to this section shall be as follows or in any
other form acceptable to the secretary of state:

"A
tax for the benefit of (name of lake facilities authority) __________
for the purpose of __________, that the county auditor estimates will
collect $_____ annually, at a rate not exceeding _________ mills for
each $1 of taxable value, which amounts to $____________ for each
$100,000 of the county auditor's
appraised

market

value,
for ____________ (life of indebtedness or number of years the levy is
to run).

FOR
THE TAX LEVIES

AGAINST
THE TAX LEVIES

"

If
the levy is for the payment of debt charges, the form of the ballot
shall be modified by omitting the phrase ", that the county
auditor estimates will collect $_____ annually."

(C)
On approval of the levy, notes may be issued in anticipation of the
collection of the proceeds of the tax levy, other than the proceeds
to be received for the payment of bond debt charges, in the amount
and manner and at the times as are provided in section 5705.193 of
the Revised Code, for the issuance of notes by a county in
anticipation of the proceeds of a tax levy. The lake facilities
authority may borrow money in anticipation of the collection of
current revenues as provided in section 133.10 of the Revised Code.

(D)
If a tax is levied under this section in a tax year, no other taxing
authority of a subdivision or taxing unit, including a port
authority, may levy a tax on property in the impacted lake district
in the same tax year if the purpose of the levy is substantially the
same as the purpose for which the lake facilities authority of the
impacted lake district was created.

Sec.
5705.60.
(A)
As used in this section, "qualifying fixed-sum levy" means
a tax levied on property at whatever rate is required to produce a
specified amount of tax money, including a tax levied under section
5705.199 of the Revised Code, but not including a tax levied in
excess of the ten-mill limitation to pay debt charges.

(B)
Each year, the tax commissioner shall determine by what amount, if
any, the rate of a qualifying fixed sum levy must be changed for the
levy to produce the levy's specified amount of money for the current
tax year. The tax commissioner shall certify the amount determined
for each fixed-sum levy to the appropriate county auditor by the
first day of September.

(C)
Unless a different rate is required by section 5705.34 of the Revised
Code, each county auditor to whom a rate change is certified under
division (B) of this section shall apply the adjusted rate for the
current tax year.

Sec.
5709.081.
(A)
Real and tangible personal property owned by a political subdivision
that is a public recreational facility for athletic events shall be
exempt from taxation if all of the following apply:

(1)
The property is controlled and managed by a political subdivision or
a county-related corporation or by a similar corporation under the
direct control of a political subdivision and whose members and
trustees are chosen or appointed by the subdivision;

(2)
All revenues and receipts derived by the subdivision or corporation
that controls and manages the property, after deducting amounts
needed to pay necessary expenses for the operation and management of
the property, accrue to the political subdivision owning the
property;

(3)
The property is not occupied and used for more than seven days in any
calendar month by any private entity for profit or for more than a
total of fifteen days in any calendar month by all such private
entities for profit;

(4)
The property is under the direction and control of the political
subdivision or managing corporation whenever it is being used by a
private entity for profit;

(5)
The primary user or users of the property, if such a primary user
exists, are controlled and managed by the political subdivision or
corporation that controls and manages the property.

(B)
Tangible personal property, and all buildings, structures, fixtures,
and improvements of any kind to the land, that are constructed or, in
the case of personal property, acquired after March 2, 1992, and are
part of or used in a public recreational facility used by a major
league professional athletic team or a class A to class AAA minor
league affiliate of a major league baseball team for a significant
portion of its home schedule, and land acquired by a political
subdivision in 1999 for such purposes or originally leased from a
political subdivision, such political subdivision qualifying as such
pursuant to division (H) of this section, in 1998 for such purposes,
are declared to be public property used for a public purpose and are
exempt from taxation, if all of the following apply:

(1)
Such property, or the land upon which such property is located if
such land was originally leased in 1998 from a political subdivision
that qualifies as such pursuant to division (H) of this section, is
owned by
one

either
of the following:

(a)
One
or
more political subdivisions

or
by a
,
which may include a new community authority as defined in section
349.01 of the Revised Code;

(b)
A
corporation
controlled by such

a
subdivision or

subdivisions
;
.

(2)
Such property was or is any of the following:

(a)
Constructed or, in the case of personal property, acquired pursuant
to an agreement with a municipal corporation to implement a
development, redevelopment, or renewal plan for an area declared by
the municipal corporation to be a slum or blighted area, as those
terms are defined in section 725.01 of the Revised Code;

(b)
Financed in whole or in part with public obligations as defined in
section 5709.76 of the Revised Code or otherwise paid for in whole or
in part by one or more political subdivisions;

(c)
An improvement or addition to property defined in division (B)(2)(a)
or (b) of this section.

(3)
Such property is controlled and managed by either of the following:

(a)
One or more of the political subdivisions or the corporation that
owns it;

(b)
A designee, tenant, or agent of such political subdivision or
subdivisions or corporation pursuant to a management, lease, or
similar written agreement.

(4)
The primary user or users of such property, if a primary user or
primary users exist, either:

(a)
Are controlled and managed by one or more of the political
subdivisions or the corporation that owns the property; or

(b)
Operate under leases, licenses, management agreements, or similar
arrangements with, and providing for the payment of rents, revenues,
or other remuneration to, one or more of the political subdivisions
or the corporation that owns the property.

(5)
Any residual cash accrues to the political subdivision or
subdivisions that own the property or that control the corporation
that owns the property, and is used for the public purposes of the
subdivision or subdivisions. As used in division (B)(5) of this
section, "residual cash" means any revenue and receipts
derived from the property by the political subdivision or
subdivisions or corporation that owns the property and that are
available for unencumbered use by the political subdivision or
subdivisions or corporation, after deducting amounts needed to make
necessary expenditures, pay debt service, and provide for working
capital related to the ownership, management, operation, and use of
the property, including payments of taxes on the taxable part of the
public recreational facility, contractually obligated payments or
deposits into reserves or otherwise, and service payments under
section 307.699 of the Revised Code.

(C)
The exemption provided in division (B) of this section also applies
to both of the following:

(1)
The property during its construction or, in the case of tangible
personal property, acquisition during the construction period, if the
owner meets the condition of division (B)(1) of this section and has
agreements that provide for the satisfaction of all other conditions
of division (B) of this section upon the completion of the
construction;

(2)
Any improvement or addition made after March 2, 1992, to a public
recreational facility that was constructed before March 2, 1992, as
long as all other conditions in division (B) of this section are met.

(D)
A corporation that owns property exempt from taxation under division
(B) of this section is a public body for the purposes of section
121.22 of the Revised Code. The corporation's records are public
records for the purposes of section 149.43 of the Revised Code,
except records related to matters set forth in division (G) of
section 121.22 of the Revised Code and records related to
negotiations that are not yet completed for financing, leases, or
other agreements.

(E)
The exemption under division (B) of this section applies to property
that is owned by the political subdivision or subdivisions or the
corporation that owns the public recreational facility. Tangible
personal property owned by users, managers, or lessees of the
facility is taxable when used in the public recreational facility.

(F)
All real property constituting a public recreational facility,
including the land on which the facility is situated, that is owned
by a municipal corporation and used primarily by an independent
professional minor league baseball team for a significant portion of
its home schedule is declared to be public property used for a public
purpose, and is exempt from taxation, if the facility is constructed
in 2008 or thereafter, the team operates at the facility under a
lease, license, management agreement, or similar arrangement with the
municipal corporation that requires the team to pay rent, revenue, or
other remuneration to the municipal corporation, and any residual
cash, as defined in division (B)(5) of this section, that accrues to
the municipal corporation is used for the public purposes of the
municipal corporation.

For
the purposes of this division, an independent professional minor
league baseball team is a baseball team that employs professional
players and that is a member of an established league composed of
teams that are not affiliated with a constituent member club of the
association known as major league baseball.

(G)
Nothing in this section or in any other section of the Revised Code
prohibits or otherwise precludes an agreement between a political
subdivision, or a corporation controlled by a political subdivision,
that owns or operates a public recreational facility that is exempted
from taxation under division (A), (B), or (F) of this section and the
board of education of a school district or the legislative authority
of a municipal corporation, or both, in which all or a part of that
facility is located, providing for payments to the school district or
municipal corporation, or both, in lieu of taxes that otherwise would
be charged against real and tangible personal property exempted from
taxation under this section, for a period of time and under such
terms and conditions as the legislative authority of the political
subdivision and the board of education or municipal legislative
authority, or both, may agree, which agreements are hereby
specifically authorized.

(H)
As used in this section, "political subdivision" includes
the state or an agency of the state if the city, local, or exempted
village school district in which the property is situated expressly
consents to exempting the property from taxation.

Sec.
5709.212.
(A)

With

Except
for applications filed for an industrial water pollution control
facility, with
every
application for an exempt facility certificate filed pursuant to
section 5709.21 of the Revised Code, the applicant shall pay a fee
equal to one-half of one per cent of the total exempt facility
project cost, not to exceed two thousand dollars. If the director of
environmental protection is required to provide the opinion for an
application

for
an air pollution control facility or noise pollution control
facility
,
the fee shall be credited to the non-Title V clean air fund created
in section 3704.035 of the Revised Code for use in administering
section 5709.211 of the Revised Code
,
unless the application is for an industrial water pollution control
facility. In such a case, the fee shall be credited to the surface
water protection fund created in section 6111.038 of the Revised Code
for use in administering section 5709.211 of the Revised Code
.
If the director of development or director of natural resources is
required to provide the opinion for an application, the fee for each
exempt facility application shall be credited to the exempt facility
inspection fund, which is hereby created in the state treasury, for
appropriation to the
department
of
development

services
agency
or
department of natural resources, as applicable, for use in
administering section 5709.211 of the Revised Code.

An
applicant is not entitled to any tax exemption under section 5709.25
of the Revised Code until the fee required by this section is paid.
The fee required by this section is not refundable, and is due with
the application for an exempt facility certificate even if an exempt
facility certificate ultimately is not issued or is withdrawn. Any
application submitted without payment of the fee shall be deemed
incomplete until the fee is paid.

(B)
The application fee imposed under division (A) of this section for a
jointly owned facility shall be equal to one-half of one per cent of
the total exempt facility project cost, not to exceed two thousand
dollars for each facility that is the subject of the application.

Sec.
5709.89.
(A)
As used in this section:

(1)
"Indebted subdivision" means a county, township, or
municipal corporation that has accepted a residential development
loan.

(2)
"Residential development loan" means a loan authorized
under section 122.98 of the Revised Code.

(B)
The legislative authority of an indebted subdivision shall adopt a
resolution or ordinance exempting from real property taxation
improvements to each parcel of real property whose construction
commenced as the result of infrastructure whose development, repair,
or upgrade was funded by a residential development loan accepted by
the subdivision. The resolution or ordinance shall be adopted and
begin to apply in the same tax year in which such infrastructure is
developed, repaired, or upgraded.

The
resolution or ordinance shall require the owner of the improvements
exempted from taxation to make annual service payments in lieu of
taxes to the county treasurer on or before the final dates for
payment of real property taxes. Service payments in lieu of taxes
required by a resolution or ordinance adopted under this section
shall be charged and collected in the same manner and in the same
amount as the real property taxes that would have been charged and
payable against the improvements if not for the exemption.

Service
payment receipts shall be distributed at the same time and in the
same manner as real property tax payments. The entire amount,
however, shall be paid to the indebted subdivision. The county
treasurer shall maintain a record of the service payments in lieu of
taxes made from property in each indebted subdivision.

The
indebted subdivision shall use the payments solely to repay the
residential development loan associated with the exempted
improvements. An exemption from taxation under this section and the
obligation to make service payments ends beginning for the tax year
after the applicable residential development loan is fully repaid,
including any applicable interest. The indebted subdivision shall
notify the parcel's owner, the county auditor, and the county
treasurer immediately after the loan is fully repaid of the tax year
in which the exemption and payments are to end.

Sec.
5709.92.
(A)
As used in this section:

(1)
"School district" means a city, local, or exempted village
school district.

(2)
"Joint vocational school district" means a joint vocational
school district created under section 3311.16 of the Revised Code,
and includes a cooperative education school district created under
section 3311.52 or 3311.521 of the Revised Code and a county school
financing district created under section 3311.50 of the Revised Code.

(3)
"Total resources" means the sum of the amounts described in
divisions (A)(3)(a) to (g) of this section less any reduction
required under division (C)(3)(a) of this section.

(a)
The state education aid for fiscal year 2015;

(b)
The sum of the payments received in fiscal year 2015 for current
expense levy losses under division (C)(3) of section 5727.85 and
division (C)(12) of section 5751.21 of the Revised Code, as they
existed at that time, excluding the portion of such payments
attributable to levies for joint vocational school district purposes;

(c)
The sum of fixed-sum levy loss payments received by the school
district in fiscal year 2015 under division (F)(1) of section 5727.85
and division (E)(1) of section 5751.21 of the Revised Code, as they
existed at that time, for fixed-sum levies charged and payable for a
purpose other than paying debt charges;

(d)
The district's taxes charged and payable against all property on the
tax list of real and public utility property for current expense
purposes for tax year 2014, including taxes charged and payable from
emergency levies charged and payable under
sections

section

5705.194

to
5705.197
of
the Revised Code, excluding taxes levied for joint vocational school
district purposes or levied under section 5705.23 of the Revised
Code;

(e)
The amount certified for fiscal year 2015 under division (A)(2) of
section 3317.08 of the Revised Code;

(f)
Distributions received during calendar year 2014 from taxes levied
under section 718.09 of the Revised Code;

(g)
Distributions received during fiscal year 2015 from the gross casino
revenue county student fund.

(4)(a)
"State education aid" for a school district means the sum
of state amounts computed for the district under sections 3317.022
and 3317.0212 of the Revised Code after any amounts are added or
subtracted under Section 263.240 of Am. Sub. H.B. 59 of the 130th
general assembly, entitled "TRANSITIONAL AID FOR CITY, LOCAL,
AND EXEMPTED VILLAGE SCHOOL DISTRICTS."

(b)
"State education aid" for a joint vocational district means
the amount computed for the district under section 3317.16 of the
Revised Code after any amounts are added or subtracted under Section
263.250 of Am. Sub. H.B. 59 of the 130th general assembly, entitled
"TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS."

(5)
"Taxes charged and payable" means taxes charged and payable
after the reduction required by section 319.301 of the Revised Code
but before the reductions required by sections 319.302 and 323.152 of
the Revised Code.

(6)
"Capacity quintile" means the capacity measure quintiles
determined under division (B) of this section.

(7)
"Threshold per cent" means the following:

(a)
For a school district in the lowest capacity quintile, one per cent
for fiscal year 2016 and two per cent for fiscal year 2017.

(b)
For a school district in the second lowest capacity quintile, one and
one-fourth per cent for fiscal year 2016 and two and one-half per
cent for fiscal year 2017.

(c)
For a school district in the third lowest capacity quintile, one and
one-half per cent for fiscal year 2016 and three per cent for fiscal
year 2017.

(d)
For a school district in the second highest capacity quintile, one
and three-fourths per cent for fiscal year 2016 and three and
one-half per cent for fiscal year 2017.

(e)
For a school district in the highest capacity quintile, two per cent
for fiscal year 2016 and four per cent for fiscal year 2017.

(f)
For a joint vocational school district, two per cent for fiscal year
2016 and four per cent for fiscal year 2017.

(8)
"Current expense allocation" means the sum of the payments
received by a school district or joint vocational school district in
fiscal year 2015 for current expense levy losses under division
(C)(3) of section 5727.85 and division (C)(12) of section 5751.21 of
the Revised Code as they existed at that time, less any reduction
required under division (C)(3)(b) of this section.

(9)
"Non-current expense allocation" means the sum of the
payments received by a school district or joint vocational school
district in fiscal year 2015 for levy losses under division (C)(3)(c)
of section 5727.85 and division (C)(12)(c) of section 5751.21 of the
Revised Code, as they existed at that time, and levy losses in fiscal
year 2015 under division (H) of section 5727.84 of the Revised Code
as that section existed at that time attributable to levies for and
payments received for losses on levies intended to generate money for
maintenance of classroom facilities.

(10)
"Operating TPP fixed-sum levy losses" means the sum of
payments received by a school district in fiscal year 2015 for levy
losses under division (E) of section 5751.21 of the Revised Code,
excluding levy losses for debt purposes.

(11)
"Operating S.B. 3 fixed-sum levy losses" means the sum of
payments received by the school district in fiscal year 2015 for levy
losses under division (H) of section 5727.84 of the Revised Code,
excluding levy losses for debt purposes.

(12)
"TPP fixed-sum debt levy losses" means the sum of payments
received by a school district in fiscal year 2015 for levy losses
under division (E) of section 5751.21 of the Revised Code for debt
purposes.

(13)
"S.B. 3 fixed-sum debt levy losses" means the sum of
payments received by the school district in fiscal year 2015 for levy
losses under division (H) of section 5727.84 of the Revised Code for
debt purposes.

(14)
"Qualifying levies" means qualifying levies described in
section 5751.20 of the Revised Code as that section was in effect
before July 1, 2015.

(15)
"Total taxable value" has the same meaning as in section
3317.02 of the Revised Code.

(B)
The department of education and workforce shall rank all school
districts in the order of districts' capacity measures determined
under former section 3317.018 of the Revised Code from lowest to
highest, and divide such ranking into quintiles, with the first
quintile containing the twenty per cent of school districts having
the lowest capacity measure and the fifth quintile containing the
twenty per cent of school districts having the highest capacity
measure. This calculation and ranking shall be performed once, in
fiscal year 2016.

(C)(1)
In fiscal year 2016, payments shall be made to school districts and
joint vocational school districts equal to the sum of the amounts
described in divisions (C)(1)(a) or (b) and (C)(1)(c) of this
section. In fiscal year 2017, payments shall be made to school
districts and joint vocational school districts equal to the amount
described in division (C)(1)(a) or (b) of this section.

(a)
If the ratio of the current expense allocation to total resources is
equal to or less than the district's threshold percent, zero;

(b)
If the ratio of the current expense allocation to total resources is
greater than the district's threshold per cent, the difference
between the current expense allocation and the product of the
threshold percentage and total resources;

(c)
For fiscal year 2016, the product of the non-current expense
allocation multiplied by fifty per cent.

(2)
In fiscal year 2018 and subsequent fiscal years, payments shall be
made to school districts and joint vocational school districts equal
to the difference obtained by subtracting the amount described in
division (C)(2)(b) of this section from the amount described in
division (C)(2)(a) of this section, provided that such amount is
greater than zero.

(a)
The sum of the payments received by the district under division
(C)(1)(b) or (C)(2) of this section for the immediately preceding
fiscal year;

(b)
One-sixteenth of one per cent of the average of the total taxable
value of the district for tax years 2014, 2015, and 2016.

(3)(a)
"Total resources" used to compute payments under division
(C)(1) of this section shall be reduced to the extent that payments
distributed in fiscal year 2015 were attributable to levies no longer
charged and payable for tax year 2014.

(b)
"Current expense allocation" used to compute payments under
division (C)(1) of this section shall be reduced to the extent that
the payments distributed in fiscal year 2015 were attributable to
levies no longer charged and payable for tax year 2014.

(4)
The department of education and workforce shall report to each school
district and joint vocational school district the apportionment of
the payments under division (C)(1) of this section among the
district's funds based on qualifying levies.

(D)(1)
Payments in the following amounts shall be made to school districts
and joint vocational school districts in tax years 2016 through 2021:

(a)
In tax year 2016, the sum of the district's operating TPP fixed-sum
levy losses and operating S.B. 3 fixed-sum levy losses.

(b)
In tax year 2017, the sum of the district's operating TPP fixed-sum
levy losses and eighty per cent of operating S.B. 3 fixed-sum levy
losses.

(c)
In tax year 2018, the sum of eighty per cent of the district's
operating TPP fixed-sum levy losses and sixty per cent of its
operating S.B. 3 fixed-sum levy losses.

(d)
In tax year 2019, the sum of sixty per cent of the district's
operating TPP fixed-sum levy losses and forty per cent of its
operating S.B. 3 fixed-sum levy losses.

(e)
In tax year 2020, the sum of forty per cent of the district's
operating TPP fixed-sum levy losses and twenty per cent of its
operating S.B. 3 fixed-sum levy losses.

(f)
In tax year 2021, twenty per cent of the district's operating TPP
fixed-sum levy losses.

No
payment shall be made under division (D)(1) of this section after tax
year 2021.

(2)
Amounts are payable under division (D) of this section for fixed-sum
levy losses only to the extent of such losses for qualifying levies
that remain in effect for the current tax year. For this purpose, a
qualifying levy levied under section 5705.194 or 5705.213 of the
Revised Code remains in effect for the current tax year only if a tax
levied under either of those sections is charged and payable for the
current tax year for an annual sum at least equal to the annual sum
levied by the board of education for tax year 2004 under those
sections less the amount of the payment under this division.

(E)(1)
For fixed-sum levies for debt purposes, payments shall be made to
school districts and joint vocational school districts equal to one
hundred per cent of the district's fixed-sum levy loss determined
under division (E) of section 5751.20 and division (H) of section
5727.84 of the Revised Code as in effect before July 1, 2015, and
paid in tax year 2014. No payment shall be made for qualifying levies
that are no longer charged and payable.

(2)
Beginning in 2016, by the thirty-first day of January of each year,
the tax commissioner shall review the calculation of fixed-sum levy
loss for debt purposes determined under division (E) of section
5751.20 and division (H) of section 5727.84 of the Revised Code as in
effect before July 1, 2015. If the commissioner determines that a
fixed-sum levy that had been scheduled to be reimbursed in the
current year is no longer charged and payable, a revised calculation
for that year and all subsequent years shall be made.

(F)(1)
For taxes levied within the ten-mill limitation for debt purposes in
tax year 1998 in the case of electric company tax value losses, and
in tax year 1999 in the case of natural gas company tax value losses,
payments shall be made to school districts and joint vocational
school districts equal to one hundred per cent of the loss computed
under division (D) of section 5727.85 of the Revised Code as in
effect before July 1, 2015, as if the tax were a fixed-rate levy, but
those payments shall extend through fiscal year 2016.

(2)
For taxes levied within the ten-mill limitation for debt purposes in
tax year 2005, payments shall be made to school districts and joint
vocational school districts equal to one hundred per cent of the loss
computed under division (D) of section 5751.21 of the Revised Code as
in effect before July 1, 2015, as if the tax were a fixed-rate levy,
but those payments shall extend through fiscal year 2018.

(G)
If all the territory of a school district or joint vocational school
district is merged with another district, or if a part of the
territory of a school district or joint vocational school district is
transferred to an existing or newly created district, the department
of education and workforce, in consultation with the tax
commissioner, shall adjust the payments made under this section as
follows:

(1)
For a merger of two or more districts, fixed-sum levy losses, total
resources, current expense allocation, and non-current expense
allocation of the successor district shall be the sum of such items
for each of the districts involved in the merger.

(2)
If property is transferred from one district to a previously existing
district, the amount of the total resources, current expense
allocation, and non-current expense allocation that shall be
transferred to the recipient district shall be an amount equal to the
total resources, current expense allocation, and non-current expense
allocation of the transferor district times a fraction, the numerator
of which is the number of pupils being transferred to the recipient
district, measured, in the case of a school district, by formula ADM
as defined in section 3317.02of the Revised Code or, in the case of a
joint vocational school district, by formula ADM as defined for a
joint vocational school district in that section, and the denominator
of which is the formula ADM of the transferor district.

(3)
After December 31, 2010, if property is transferred from one or more
districts to a district that is newly created out of the transferred
property, the newly created district shall be deemed not to have any
total resources, current expense allocation, total allocation, or
non-current expense allocation.

(4)
If the recipient district under division (G)(2) of this section or
the newly created district under division (G)(3) of this section is
assuming debt from one or more of the districts from which the
property was transferred and any of the districts losing the property
had fixed-sum levy losses, the department of education and workforce,
in consultation with the tax commissioner, shall make an equitable
division of the reimbursements for those losses.

(H)
The payments required by divisions (C), (D), (E), (F), and (I) of
this section shall be distributed periodically to each school and
joint vocational school district by the department of education and
workforce unless otherwise provided for. Except as provided in
division (D) of this section, if a levy that is a qualifying levy is
not charged and payable in any year after 2014, payments to the
school district or joint vocational school district shall be reduced
to the extent that the payments distributed in fiscal year 2015 were
attributable to the levy loss of that levy.

(I)
For fiscal years 2022 through 2026, if the total amount to be
received under divisions (C) and (E) of this section by any school
district that has a nuclear power plant located within its territory
is less than the amount the district received under this section in
fiscal year 2017, the district shall receive a supplemental payment
equal to the difference between the amount to be received under those
divisions for the fiscal year and the amount received under this
section in fiscal year 2017.

Sec.
5709.93.
(A)
As used in this section:

(1)
"Taxes charged and payable" means taxes charged and payable
after the reduction required by section 319.301 of the Revised Code
but before the reductions required by sections 319.302 and 323.152 of
the Revised Code.

(2)
"Threshold per cent" means two per cent for fiscal year
2016; and, for fiscal year 2017 and thereafter, the sum of the prior
year's threshold per cent plus two percentage points.

(3)
"Public library" means a county, municipal, school
district, or township public library that receives the proceeds of a
tax levied under section 5705.23 of the Revised Code.

(4)
"Local taxing unit" means a subdivision or taxing unit, as
defined in section 5705.01 of the Revised Code, a park district
created under Chapter 1545. of the Revised Code, or a township park
district established under section 511.23 of the Revised Code, but
excludes school districts and joint vocational school districts.

(5)
"Municipal current expense allocation" means the sum of the
payments received by a municipal corporation in calendar year 2014
for current expense levy losses under division (A)(1)(e)(ii) of
section 5727.86 and division (A)(1)(c)(ii) of section 5751.22 of the
Revised Code as they existed at that time.

(6)
"Current expense allocation" means the sum of the payments
received by a local taxing unit or public library in calendar year
2014 for current expense levy losses under division (A)(1) of section
5727.86 and divisions (A)(1) and (2) of section 5751.22 of the
Revised Code as they existed at that time, less any reduction
required under division (B)(2) of this section.

(7)
"TPP inside millage debt levy loss" means payments made to
local taxing units in calendar year 2014 under division (A)(3) of
section 5751.22 of the Revised Code as that section existed at that
time.

(8)
"S.B. 3 inside millage debt levy loss" means payments made
to local taxing units in calendar year 2014 under section (A)(4) of
section 5727.86 of the Revised Code as that section existed at that
time.

(9)
"Qualifying levy" means a levy for which payment was made
in calendar year 2014 under division (A)(1) of section 5727.86 and
divisions (A)(1) and (2) of section 5751.22 of the Revised Code as
they existed at that time.

(10)
"Total resources," in the case of county mental health and
disability related functions, means the sum of the amounts in
divisions (A)(10)(a) and (b) of this section less any reduction
required under division (B)(1) of this section.

(a)
The sum of the payments received by the county for mental health and
developmental disability related functions in calendar year 2014
under division (A)(1) of section 5727.86 and division (A)(1) of
section 5751.22 of the Revised Code as they existed at that time;

(b)
With respect to taxes levied by the county for mental health and
developmental disability related purposes, the taxes charged and
payable for such purposes against all property on the tax list of
real and public utility property for tax year 2014.

(11)
"Total resources," in the case of county senior services
related functions, means the sum of the amounts in divisions
(A)(11)(a) and (b) of this section less any reduction required under
division (B)(1) of this section.

(a)
The sum of the payments received by the county for senior services
related functions in calendar year 2014 under division (A)(1) of
section 5727.86 and division (A)(1) of section 5751.22 of the Revised
Code as they existed at that time;

(b)
With respect to taxes levied by the county for senior services
related purposes, the taxes charged and payable for such purposes
against all property on the tax list of real and public utility
property for tax year 2014.

(12)
"Total resources," in the case of county children's
services related functions, means the sum of the amounts in divisions
(A)(12)(a) and (b) of this section less any reduction required under
division (B)(1) of this section.

(a)
The sum of the payments received by the county for children's
services related functions in calendar year 2014 under division
(A)(1) of section 5727.86 and division (A)(1) of section 5751.22 of
the Revised Code as they existed at that time;

(b)
With respect to taxes levied by the county for children's services
related purposes, the taxes charged and payable for such purposes
against all property on the tax list of real and public utility
property for tax year 2014.

(13)
"Total resources," in the case of county public health
related functions, means the sum of the amounts in divisions
(A)(13)(a) and (b) of this section less any reduction required under
division (B)(1) of this section.

(a)
The sum of the payments received by the county for public health
related functions in calendar year 2014 under division (A)(1) of
section 5727.86 and division (A)(1) of section 5751.22 of the Revised
Code as they existed at that time;

(b)
With respect to taxes levied by the county for public health related
purposes, the taxes charged and payable for such purposes against all
property on the tax list of real and public utility property for tax
year 2014.

(14)
"Total resources," in the case of all county functions not
included in divisions (A)(10) to (13) of this section, means the sum
of the amounts in divisions (A)(14)(a) to (e) of this section less
any reduction required under division (B)(1) or (2) of this section.

(a)
The sum of the payments received by the county for all other purposes
in calendar year 2014 under division (A)(1) of section 5727.86 and
division (A)(1) of section 5751.22 of the Revised Code as they
existed at that time;

(b)
The county's percentage share of county undivided local government
fund allocations as certified to the tax commissioner for calendar
year 2015 by the county auditor under division (J) of section 5747.51
of the Revised Code or division (F) of section 5747.53 of the Revised
Code multiplied by the total amount actually distributed in calendar
year 2014 from the county undivided local government fund;

(c)
With respect to taxes levied by the county for all other purposes,
the taxes charged and payable for such purposes against all property
on the tax list of real and public utility property for tax year
2014, excluding taxes charged and payable for the purpose of paying
debt charges;

(d)
The sum of the amounts distributed to the county in calendar year
2014 for the taxes levied pursuant to sections 5739.021 and 5741.021
of the Revised Code;

(e)
The sum of amounts distributed to the county from the gross casino
revenue county fund from July 2014 through April 2015.

(15)
"Total resources," in the case of a municipal corporation,
means the sum of the amounts in divisions (A)(15)(a) to (h) of this
section less any reduction required under division (B)(1) or (2) of
this section.

(a)
The sum of the payments received by the municipal corporation in
calendar year 2014 for current expense levy losses under division
(A)(1) of section 5727.86 and division (A)(1) of section 5751.22 of
the Revised Code as they existed at that time;

(b)
The municipal corporation's percentage share of county undivided
local government fund allocations as certified to the tax
commissioner for calendar year 2015 by the county auditor under
division (J) of section 5747.51 of the Revised Code or division (F)
of section 5747.53 of the Revised Code multiplied by the total amount
actually distributed in calendar year 2014 from the county undivided
local government fund;

(c)
The sum of the amounts distributed to the municipal corporation in
calendar year 2014 pursuant to section 5747.50 of the Revised Code;

(d)
With respect to taxes levied by the municipal corporation, the taxes
charged and payable against all property on the tax list of real and
public utility property for municipal current expenses for tax year
2014;

(e)
The amount of admissions tax collected by the municipal corporation
in calendar year 2013, or if such information has not yet been
reported to the tax commissioner, in the most recent year before 2013
for which the municipal corporation has reported data to the
commissioner;

(f)
The amount of income taxes collected by the municipal corporation in
calendar year 2013 as certified to the tax commissioner under section
5747.50 of the Revised Code in 2013, or if such information has not
yet been reported to the commissioner, in the most recent year before
2014 for which the municipal corporation has reported such data to
the commissioner;

(g)
The sum of the amounts distributed to the municipal corporation from
the gross casino revenue host city fund from July 2014 through April
2015;

(h)
The sum of the amounts distributed to the municipal corporation from
the gross casino revenue county fund from July 2014 through April
2015.

(16)
"Total resources," in the case of a township, means the sum
of the amounts in divisions (A)(16)(a) to (c) of this section less
any reduction required under division (B)(1) or (2) of this section.

(a)
The sum of the payments received by the township in calendar year
2014 pursuant to division (A)(1) of section 5727.86 of the Revised
Code and division (A)(1) of section 5751.22 of the Revised Code as
they existed at that time, excluding payments received for debt
purposes;

(b)
The township's percentage share of county undivided local government
fund allocations as certified to the tax commissioner for calendar
year 2015 by the county auditor under division (J) of section 5747.51
of the Revised Code or division (F) of section 5747.53 of the Revised
Code multiplied by the total amount actually distributed in calendar
year 2014 from the county undivided local government fund;

(c)
With respect to taxes levied by the township, the taxes charged and
payable against all property on the tax list of real and public
utility property for tax year 2014 excluding taxes charged and
payable for the purpose of paying debt charges or from levies imposed
under section 5705.23 of the Revised Code.

(17)
"Total resources," in the case of a local taxing unit that
is not a county, municipal corporation, township, or public library
means the sum of the amounts in divisions (A)(17)(a) to (e) of this
section less any reduction required under division (B)(1) of this
section.

(a)
The sum of the payments received by the local taxing unit in calendar
year 2014 pursuant to division (A)(1) of section 5727.86 of the
Revised Code and division (A)(1) of section 5751.22 of the Revised
Code as they existed at that time;

(b)
The local taxing unit's percentage share of county undivided local
government fund allocations as certified to the tax commissioner for
calendar year 2015 by the county auditor under division (J) of
section 5747.51 of the Revised Code or division (F) of section
5747.53 of the Revised Code multiplied by the total amount actually
distributed in calendar year 2014 from the county undivided local
government fund;

(c)
With respect to taxes levied by the local taxing unit, the taxes
charged and payable against all property on the tax list of real and
public utility property for tax year 2014 excluding taxes charged and
payable for the purpose of paying debt charges or from a levy imposed
under section 5705.23 of the Revised Code;

(d)
The amount received from the tax commissioner during calendar year
2014 for sales or use taxes authorized under sections 5739.023 and
5741.022 of the Revised Code;

(e)
For institutions of higher education receiving tax revenue from a
local levy, as identified in section 3358.02 of the Revised Code, the
final state share of instruction allocation for fiscal year 2014 as
calculated by the chancellor of higher education and reported to the
state controlling board.

(18)
"Total resources," in the case of a county, municipal
corporation, school district, or township public library that
receives the proceeds of a tax levied under section 5705.23 of the
Revised Code, means the sum of the amounts in divisions (A)(18)(a) to
(d) of this section less any reduction required under division (B)(1)
of this section.

(a)
The sum of the payments received by the county, municipal
corporation, school district, or township public library in calendar
year 2014 pursuant to sections 5727.86 and 5751.22 of the Revised
Code, as they existed at that time, for fixed-rate levy losses
attributable to a tax levied under section 5705.23 of the Revised
Code for the benefit of the public library;

(b)
The public library's percentage share of county undivided local
government fund allocations as certified to the tax commissioner for
calendar year 2015 by the county auditor under division (J) of
section 5747.51 of the Revised Code or division (F) of section
5747.53 of the Revised Code multiplied by the total amount actually
distributed in calendar year 2014 from the county undivided local
government fund;

(c)
With respect to a tax levied pursuant to section 5705.23 of the
Revised Code for the benefit of the public library, the amount of
such tax that is charged and payable against all property on the tax
list of real and public utility property for tax year 2014 excluding
any tax that is charged and payable for the purpose of paying debt
charges;

(d)
The sum of the amounts distributed to the library district from the
county public library fund in calendar year 2014, as reported to the
tax commissioner by the county auditor.

(19)
"Municipal current expense property tax levies" means all
property tax levies of a municipality, except those with the
following levy names: library; airport resurfacing; bond or any levy
name including the word "bond"; capital improvement or any
levy name including the word "capital"; debt or any levy
name including the word "debt"; equipment or any levy name
including the word "equipment," unless the levy is for
combined operating and equipment; employee termination fund; fire
pension or any levy containing the word "pension,"
including police pensions; fireman's fund or any practically similar
name; sinking fund; road improvements or any levy containing the word
"road"; fire truck or apparatus; flood or any levy
containing the word "flood"; conservancy district; county
health; note retirement; sewage, or any levy containing the words
"sewage" or "sewer"; park improvement; parkland
acquisition; storm drain; street or any levy name containing the word
"street"; lighting, or any levy name containing the word
"lighting"; and water.

(20)
"Operating fixed-rate levy loss" means, in the case of
local taxing units other than municipal corporations, fixed-rate levy
losses of levies imposed for purposes other than paying debt charges
or, in the case of municipal corporations, fixed-rate levy losses of
municipal current expense property tax levies.

(21)(a)
"Qualifying municipal corporation" means a municipal
corporation in the territory of which a qualifying end user is
located.

(b)
"Qualifying end user" means an end user of at least seven
million qualifying kilowatt hours of electricity annually.

(c)
"Qualifying kilowatt hours" means kilowatt hours of
electricity generated by a renewable energy resource, as defined in
section 5727.01 of the Revised Code, using wind energy and the
distribution of which is subject to the tax levied under section
5727.81 of the Revised Code for any measurement period beginning
after June 30, 2015.

(22)
Any term used in this section has the same meaning as in section
5727.84 or 5751.20 of the Revised Code unless otherwise defined by
this section.

(B)(1)
"Total resources" used to compute payments to be made under
division (C) of this section shall be reduced to the extent that
payments distributed in calendar year 2014 were attributable to
levies no longer charged and payable.

(2)
"Current expense allocation" used to compute payments to be
made under division (C) of this section shall be reduced to the
extent that payments distributed in calendar year 2014 were
attributable to levies no longer charged and payable.

(C)(1)
Except as provided in division (D) of this section, the tax
commissioner shall compute payments for operating fixed-rate levy
losses of local taxing units and public libraries for fiscal year
2016 and each year thereafter as prescribed in divisions (C)(1)(a)
and (b) of this section:

(a)
For public libraries and local taxing units other than municipal
corporations:

(i)
If the ratio of current expense allocation to total resources is
equal to or less than the threshold per cent, zero;

(ii)
If the ratio of current expense allocation to total resources is
greater than the threshold per cent, the current expense allocation
minus the product of total resources multiplied by the threshold per
cent.

(b)
For municipal corporations:

(i)
If the ratio of the municipal current expense allocation to total
resources is equal to or less than the threshold per cent, zero;

(ii)
If the ratio of the municipal current expense allocation to total
resources is greater than the threshold per cent, the municipal
current expense allocation minus the product of total resources
multiplied by the threshold per cent.

(2)
For any local taxing unit or public library with operating fixed-rate
levy losses greater than zero, the operating fixed-rate levy loss
shall be allocated among all qualifying operating fixed-rate levies
in proportion to each such levy's share of the payments received in
tax year 2014. In fiscal year 2016 and thereafter, if a levy to which
operating fixed-rate levy loss is allocated is no longer charged and
payable, the payment to the local taxing unit or public library shall
be reduced by the amount allocated to the levy that is no longer
charged and payable.

(D)(1)
Except as provided in division (D)(2) of this section, the tax
commissioner shall make payments to local taxing units equal to the
sum of TPP inside millage debt levy loss and S.B. 3 inside millage
debt levy loss. No payment shall be made if the levy for which the
levy loss is computed is not charged and payable for debt purposes in
fiscal year 2016 or any year thereafter.

(2)
No payment shall be made for TPP inside millage debt levy loss in
calendar year 2018 or thereafter. No payment shall be made for S.B.3
inside millage debt levy loss in calendar year 2017 or thereafter.

(E)
For a qualifying municipal corporation, the tax commissioner shall
compute payments for fiscal year 2016 and each ensuing fiscal year in
an amount equal to the amount of tax imposed under section 5727.81 of
the Revised Code and paid on the basis of qualifying kilowatt hours
of electricity distributed through the meter of a qualifying end user
located in the municipal corporation for measurement periods ending
in the preceding calendar year. The payment shall be computed
regardless of whether the qualifying municipal corporation qualifies
for a payment under any other division of this section for the fiscal
year in which the payment is computed under this division. For the
purposes of this division, the commissioner may require an electric
distribution company distributing qualifying kilowatt hours or, if
the end user is a self-assessing purchaser, the end user, to report
to the commissioner the number of qualifying kilowatt hours
distributed through the meter of the qualifying end user.

(F)(1)
The payments required to be made under divisions (C), (D), and (H) of
this section shall be paid from the
local
government tangible property tax replacement
general
revenue
fund
to the county undivided income tax fund in the proper county
treasury. Beginning in August 2015, one-half of the amount determined
under each of those divisions shall be paid on or before the last day
of August each year, and one-half shall be paid on or before the last
day of February each year. Within thirty days after receipt of such
payments, the county treasurer shall distribute amounts determined
under this section to the proper local taxing unit or public library
as if they had been levied and collected as taxes, and the local
taxing unit or public library shall allocate the amounts so received
among its funds in the same proportions as if those amounts had been
levied and collected as taxes.

(2)
On or before the last day of August and of February of each fiscal
year that follows a calendar year in which taxes are paid on the
basis of qualifying kilowatt hours of electricity distributed through
the meter of a qualifying end user located in a qualifying municipal
corporation, one-half of the payment computed under division (E) of
this section shall be paid from the
local
government tangible personal property tax replacement
general
revenue
fund
directly to the qualifying municipal corporation. The municipal
corporation shall credit the payments to a special fund created for
the purpose of providing grants or other financial assistance to the
qualifying end user or to compensate the municipal corporation for
municipal income tax or other tax credits or reductions as the
legislative authority may grant to the qualifying end user. Such
grants or other financial assistance may be provided for by ordinance
or resolution of the legislative authority of the qualifying
municipal corporation and may continue for as long as is provided by
the ordinance or resolution.

(G)
If all or a part of the territories of two or more local taxing units
are merged, or unincorporated territory of a township is annexed by a
municipal corporation, the tax commissioner shall adjust the payments
made under this section to each of the local taxing units in
proportion to the square mileage of the merged or annexed territory
as a percentage of the total square mileage of the jurisdiction from
which the territory originated, or as otherwise provided by a written
agreement between the legislative authorities of the local taxing
units certified to the commissioner not later than the first day of
June of the calendar year in which the payment is to be made.

(H)
For fiscal years 2022 through 2026, if the total amount to be
received under division (C) of this section by a joint fire district
that has a nuclear power plant located within its territory is less
than the amount the district received under this section in fiscal
year 2017, the district shall receive a supplemental payment equal to
the difference between the amount to be received under that division
for the fiscal year and the amount received under this section in
fiscal year 2017.

Sec.
5715.19.
(A)
As used in this section:

"Member"
has the same meaning as in section 1706.01 of the Revised Code.

"Internet
identifier of record" has the same meaning as in section 9.312
of the Revised Code.

"Interim
period" means, for each county, the tax year to which section
5715.24 of the Revised Code applies and each subsequent tax year
until the tax year in which that section applies again.

"Legislative
authority" means a board of county commissioners, a board of
township trustees of any township with territory in the county, the
board of education of any school district with territory in the
county, or the legislative authority of a municipal corporation with
territory in the county.

"Original
complaint" means a complaint filed under division (A) of this
section.

"Counter-complaint"
means a complaint filed under division (B) of this section in
response to an original complaint.

"Third
party complainant" means a complainant other than the property
owner, the owner's spouse, a tenant authorized to file an original
complaint, or any person acting on behalf of a property owner. "Third
party complainant" does not include a legislative authority or a
mayor of a municipal corporation, but does include the prosecuting
attorney or treasurer of a county

or
any person acting on behalf of a legislative authority or mayor
.

For
purposes of this section, a person is considered to be acting on
behalf of a legislative authority or mayor if the person is an
official or employee of the political subdivision or has been hired,
contracted, or directed by such an official or employee to file a
complaint or counter-complaint under this section on behalf of the
political subdivision.

(1)
Subject to division (A)(2) of this section, a complaint against any
of the following determinations for the current tax year shall be
filed with the county auditor on or before the thirty-first day of
March of the ensuing tax year or the date of closing of the
collection for the first half of real and public utility property
taxes for the current tax year, whichever is later:

(a)
Any classification made under section 5713.041 of the Revised Code;

(b)
Any determination made under section 5713.32 or 5713.35 of the
Revised Code;

(c)
Any recoupment charge levied under section 5713.35 of the Revised
Code;

(d)
The determination of the total valuation or assessment of any parcel
that appears on the tax list, except parcels assessed by the tax
commissioner pursuant to section 5727.06 of the Revised Code;

(e)
The determination of the total valuation of any parcel that appears
on the agricultural land tax list, except parcels assessed by the tax
commissioner pursuant to section 5727.06 of the Revised Code;

(f)
Any determination made under division (A) of section 319.302 of the
Revised Code.

If
such a complaint is filed by mail or certified mail, the date of the
United States postmark placed on the envelope or sender's receipt by
the postal service shall be treated as the date of filing. A private
meter postmark on an envelope is not a valid postmark for purposes of
establishing whether a complaint has been timely filed.

Subject
to division (A)(6) of this section, any person owning taxable real
property in the county or in a taxing district with territory in the
county; such a person's spouse; a tenant of the property owner, if
the property is classified as to use for tax purposes as commercial
or industrial, the lease requires the tenant to pay the entire amount
of taxes charged against the property, and the lease allows, or the
property owner otherwise authorizes, the tenant to file such a
complaint with respect to the property; an individual who is retained
by such a person or tenant and who holds a designation from a
professional assessment organization, such as the institute for
professionals in taxation, the national council of property taxation,
or the international association of assessing officers; a public
accountant who holds a permit under section 4701.10 of the Revised
Code, a general or residential real estate appraiser licensed or
certified under Chapter 4763. of the Revised Code, or a real estate
broker licensed under Chapter 4735. of the Revised Code, who is
retained by such a person or tenant; if the person or tenant is a
firm, company, association, partnership, limited liability company,
or corporation, an officer, a salaried employee, a partner, or a
member of that person or tenant; if the person or tenant is a trust,
a trustee of the trust; the prosecuting attorney or treasurer of the
county; or the legislative authority of a subdivision or the mayor of
a municipal corporation may file such a complaint regarding any such
determination affecting any real property in the county, except that
a person owning taxable real property in another county may file such
a complaint only with regard to any such determination affecting real
property in the county that is located in the same taxing district as
that person's real property is located. The county auditor shall
present to the county board of revision all complaints filed with the
auditor.

(2)
No person, legislative authority, or officer shall file a complaint
against the valuation or assessment of any parcel that appears on the
tax list if it filed a complaint against the valuation or assessment
of that parcel for any prior tax year in the same interim period,
unless the person, legislative authority, or officer alleges that the
valuation or assessment should be changed due to one or more of the
following circumstances that occurred after the tax lien date for the
tax year for which the prior complaint was filed and that the
circumstances were not taken into consideration with respect to the
prior complaint:

(a)
The property was sold in an arm's length transaction, as described in
section 5713.03 of the Revised Code;

(b)
The property lost value due to some casualty;

(c)
Substantial improvement was added to the property;

(d)
An increase or decrease of at least fifteen per cent in the
property's occupancy has had a substantial economic impact on the
property.

(3)
If a county board of revision, the board of tax appeals, or any court
dismisses a complaint filed under this section or section 5715.13 of
the Revised Code for the reason that the act of filing the complaint
was the unauthorized practice of law or the person filing the
complaint was engaged in the unauthorized practice of law, the party
affected by a decrease in valuation or the party's agent, or the
person owning taxable real property in the county or in a taxing
district with territory in the county, may refile the complaint,
notwithstanding division (A)(2) of this section.

(4)(a)
No complaint filed under this section or section 5715.13 of the
Revised Code shall be dismissed for the reason that the complaint
fails to accurately identify the owner of the property that is the
subject of the complaint.

(b)
If a complaint fails to accurately identify the owner of the property
that is the subject of the complaint, the board of revision shall
exercise due diligence to ensure the correct property owner is
notified as required by divisions (B) and (C) of this section.

(5)
Notwithstanding division (A)(2) of this section, a person,
legislative authority, or officer may file a complaint against the
valuation or assessment of any parcel that appears on the tax list if
it filed a complaint against the valuation or assessment of that
parcel for any prior tax year in the same interim period if the
person, legislative authority, or officer withdrew the complaint
before the complaint was heard by the board.

(6)
The legislative authority of a subdivision, the mayor of a municipal
corporation, or a third party complainant shall not file an original
complaint with respect to property the subdivision or complainant
does not own or lease unless both of the following conditions are
met:

(a)
If the complaint is based on a determination described in division
(A)(1)(d) or (e) of this section,
the
property was (i) sold
all
of the following requirements are met:

(i)
The complaint seeks an increase in the valuation of the property
based upon the sale of the property
in
an arm's length transaction, as described in section 5713.03 of the
Revised Code
,
before, but not after,
.

(ii)

Either
of the following conditions apply to that sale during the two years
preceding
the
tax lien date for the tax year for which the complaint is to be
filed
,
and (ii) the
:

(I)
The sale is evidenced by a conveyance fee statement, attached to the
complaint, that declares the value of the property conveyed pursuant
to section 319.202 of the Revised Code and that was filed during
those two years.

(II)
The sale is otherwise recorded in the office of the county recorder
or similar government office during those two years.

(iii)
That
sale
price exceeds the true value of the property appearing on the tax
list for that tax year by both ten per cent and the amount of the
filing threshold determined under division (J) of this section
;
.

(b)
If the complaint is filed by a legislative authority

or

,

mayor,

or
third party complainant acting on behalf of a legislative authority
or mayor,
the
legislative authority or, in the case of a mayor, the legislative
authority of the municipal corporation, first adopts a resolution
authorizing the filing of the original complaint at a public meeting
of the legislative authority.

(7)
A resolution adopted under division (A)(6)(b) of this section shall
include all of the following information:

(a)
Identification of the parcel or parcels that are the subject of the
original complaint by street address, if available from online
records of the county auditor, and by permanent parcel number;

(b)
The name of at least one of the record owners of the parcel or
parcels;

(c)
The basis for the complaint under divisions (A)(1)(a) to (f) of this
section relative to each parcel identified in the resolution;

(d)
The tax year for which the complaint will be filed, which shall be a
year for which a complaint may be timely filed under this section at
the time of the resolution's adoption.

A
legislative authority shall not adopt a resolution required under
division (A)(6)(b) of this section that identifies more than one
parcel under division (A)(7)(a) of this section, except that a single
resolution may identify more than one parcel under that division if
each parcel has the same record owner or the same record owners, as
applicable. A legislative authority may adopt multiple resolutions
required under division (A)(6)(b) of this section by a single vote,
provided that the vote is separate from the question of whether to
adopt any resolution that is not adopted under division (A)(6)(b) of
this section.

Before
adopting a resolution required by division (A)(6)(b) of this section,
the legislative authority shall mail a written notice to at least one
of the record owners of the parcel or parcels identified in the
resolution stating the intent of the legislative authority in
adopting the resolution, the proposed date of adoption, and the basis
for the complaint under divisions (A)(1)(a) to (f) of this section
relative to each parcel identified in the resolution. The notice
shall be sent by certified mail to the last known tax-mailing address
of at least one of the record owners and, if different from that
tax-mailing address, to the street address of the parcel or parcels
identified in the resolution. Alternatively, if the legislative
authority has record of an internet identifier of record associated
with at least one of the record owners, the legislative authority may
send the notice by ordinary mail and by that internet identifier of
record. The notice shall be postmarked or, if sent by internet
identifier of record, sent at least seven calendar days before the
legislative authority adopts the resolution.

A
board of revision has jurisdiction to consider a complaint filed
pursuant to a resolution adopted under division (A)(6)(b) of this
section only if the legislative authority notifies the board of
revision of the resolution in the manner prescribed in division

(A)(8)
(A)(8)(a)

of this section. The failure to accurately identify the street
address or the name of the record owners of the parcel in the
resolution does not invalidate the resolution nor is it a cause for
dismissal of the complaint.

(8)
(8)(a)

A complaint form prescribed by a board of revision or the tax
commissioner for the purpose of this section shall include a box that
must be checked, when a legislative authority
,
mayor, or third party complainant acting on behalf of either

files an original complaint, to indicate that a resolution
authorizing the complaint was adopted in accordance with divisions
(A)(6)(b) and (7) of this section and that notice was mailed or sent
in accordance with division (A)(7) of this section before adoption of
the resolution to at least one of the record owners of the property
that is the subject of the complaint.

(b)
Any third party complainant shall submit, with the complaint, a sworn
affidavit stating whether the third party complainant is or is not
acting on behalf of a legislative authority or mayor.

(B)
(B)(1)

Within thirty days after the last date such complaints may be filed,
the auditor shall give notice of each complaint in which the stated
amount of overvaluation, undervaluation, discriminatory valuation,
illegal valuation, or incorrect determination is at least seventeen
thousand five hundred dollars in taxable value to each property owner
whose property is the subject of the complaint, if the complaint was
not filed by the owner or the owner's spouse. A board of education,
subject to this division; a property owner; the owner's spouse; a
tenant of the owner, if that tenant would be eligible to file a
complaint under division (A) of this section with respect to the
property; an individual who is retained by such an owner or tenant
and who holds a designation from a professional assessment
organization, such as the institute for professionals in taxation,
the national council of property taxation, or the international
association of assessing officers; a public accountant who holds a
permit under section 4701.10 of the Revised Code, a general or
residential real estate appraiser licensed or certified under Chapter
4763. of the Revised Code, or a real estate broker licensed under
Chapter 4735. of the Revised Code, who is retained by such an owner
or tenant; or, if the owner or tenant is a firm, company,
association, partnership, limited liability company, corporation, or
trust, an officer, a salaried employee, a partner, a member, or
trustee of that owner or tenant, may file a counter-complaint in
support of or objecting to the amount of alleged overvaluation,
undervaluation, discriminatory valuation, illegal valuation, or
incorrect determination stated in a previously filed original
complaint or objecting to the current valuation.

(2)

A
board of education may file a counter-complaint only if the original
complaint
(a)
was filed by the owner of the property that is the subject of the
complaint, a tenant of that property owner, or any person acting on
behalf of such owner or tenant, and (b)
states
an amount of overvaluation, undervaluation, discriminatory valuation,
illegal valuation, or incorrect determination of at least seventeen
thousand five hundred dollars in taxable value.

The
board shall file the counter-complaint within thirty days after the
original complaint is filed or after the last day such complaints may
be filed, whichever is later, and any other person shall file the
counter-complaint within thirty days after receiving the notice
required under this division.

(3)

Upon
the filing of a counter-complaint, the board of education, property
owner, or tenant shall be made a party to the action.

(C)
Each board of revision shall notify any complainant and
counter-complainant, and also the property owner, if the property
owner's address is known, and the complaint is filed by one other
than the property owner, not less than ten days prior to the hearing,
either by certified mail or, if the board has record of an internet
identifier of record associated with the owner, by ordinary mail and
by that internet identifier of record of the time and place the same
will be heard. The board of revision shall hear and render its
decision on an original complaint within one hundred eighty days
after the last day such a complaint may be filed with the board under
division (A)(1) of this section or, if a counter-complaint is filed,
within one hundred eighty days after such filing. If the original
complaint is filed by the legislative authority of a subdivision, the
mayor of a municipal corporation with territory in the county, or a
third party complainant, and if the board of revision has not
rendered its decision on the complaint within one year after the date
the complaint was filed, the board may dismiss the complaint.

(D)
The determination of any such original complaint or counter-complaint
shall relate back to the date when the lien for taxes or recoupment
charges for the current year attached or the date as of which
liability for such year was determined. Liability for taxes and
recoupment charges for such year and each succeeding year until the
complaint is finally determined and for any penalty and interest for
nonpayment thereof within the time required by law shall be based
upon the determination, valuation, or assessment as finally
determined. Each complaint shall state the amount of overvaluation,
undervaluation, discriminatory valuation, illegal valuation, or
incorrect classification or determination upon which the complaint is
based. The treasurer shall accept any amount tendered as taxes or
recoupment charge upon property concerning which a complaint is then
pending, computed upon the claimed valuation as set forth in the
complaint. Unless dismissal is required under division (C) of this
section, if an original complaint or counter-complaint filed for the
current year is not determined by the board within the time
prescribed for such determination, the complaint and any proceedings
in relation thereto shall be continued by the board as a valid
complaint for any ensuing year until that original complaint or
counter-complaint is finally determined by the board or upon any
appeal from a decision of the board. In such case, the original
complaint and counter-complaint shall continue in effect without
further filing by the original taxpayer, the original taxpayer's
assignee, or any other person or entity authorized to file a
complaint under this section.

(E)
If a taxpayer files a complaint as to the classification, valuation,
assessment, or any determination affecting the taxpayer's own
property and tenders less than the full amount of taxes or recoupment
charges as finally determined, an interest charge shall accrue as
follows:

(1)
If the amount finally determined is less than the amount billed but
more than the amount tendered, the taxpayer shall pay interest at the
rate per annum prescribed by section 5703.47 of the Revised Code,
computed from the date that the taxes were due on the difference
between the amount finally determined and the amount tendered. This
interest charge shall be in lieu of any penalty or interest charge
under section 323.121 of the Revised Code unless the taxpayer failed
to file a complaint and tender an amount as taxes or recoupment
charges within the time required by this section, in which case
section 323.121 of the Revised Code applies.

(2)
If the amount of taxes finally determined is equal to or greater than
the amount billed and more than the amount tendered, the taxpayer
shall pay interest at the rate prescribed by section 5703.47 of the
Revised Code from the date the taxes were due on the difference
between the amount finally determined and the amount tendered, such
interest to be in lieu of any interest charge but in addition to any
penalty prescribed by section 323.121 of the Revised Code.

(F)
Upon request of a complainant, the tax commissioner shall determine
the common level of assessment of real property in the county for the
year stated in the request that is not valued under section 5713.31
of the Revised Code, which common level of assessment shall be
expressed as a percentage of true value and the common level of
assessment of lands valued under such section, which common level of
assessment shall also be expressed as a percentage of the current
agricultural use value of such lands. Such determination shall be
made on the basis of the most recent available sales ratio studies of
the commissioner and such other factual data as the commissioner
deems pertinent.

(G)
A complainant shall provide to the board of revision all information
or evidence within the complainant's knowledge or possession that
affects the real property that is the subject of the complaint. A
complainant who fails to provide such information or evidence is
precluded from introducing it on appeal to the board of tax appeals
or the court of common pleas, except that the board of tax appeals or
court may admit and consider the evidence if the complainant shows
good cause for the complainant's failure to provide the information
or evidence to the board of revision.

(H)
In case of the pendency of any proceeding in court based upon an
alleged excessive, discriminatory, or illegal valuation or incorrect
classification or determination, the taxpayer may tender to the
treasurer an amount as taxes upon property computed upon the claimed
valuation as set forth in the complaint to the court. The treasurer
may accept the tender. If the tender is not accepted, no penalty
shall be assessed because of the nonpayment of the full taxes
assessed.

(I)
A legislative authority
,
or any person acting on behalf of a legislative authority,

may not enter into a private payment agreement with respect to any
complaint filed or contemplated under this section or section 5715.13
of the Revised Code, and any such agreement is void and
unenforceable. As used in this division, "private payment
agreement" means any type of agreement in which a property
owner, a tenant authorized to file a complaint under division (A) of
this section, or any person acting on behalf of a property owner or
such a tenant agrees to make one or more payments to a subdivision in
exchange for the legislative authority of that subdivision
,
or any person acting on behalf of that subdivision,

doing any of the following:

(1)
Refraining from filing a complaint or counter-complaint under this
section;

(2)
Dismissing a complaint or counter-complaint filed
under
this section
by
the legislative authority
under
this section
or
any person acting on behalf of the legislative authority
;

(3)
Resolving a claim under this section by settlement agreement.

A
"private payment agreement" does not include any agreement
to resolve a claim under this section pursuant to which an
agreed-upon valuation for the property that is the subject of the
claim is approved by the county auditor and reflected on the tax
list, provided that agreement does not require any payments described
in this division.

(J)
For the purpose of division (A)(6)(a) of this section, the filing
threshold for tax year 2022 equals five hundred thousand dollars. For
tax year 2023 and each tax year thereafter, the tax commissioner
shall adjust the filing threshold used in that division by completing
the following calculations in September of each year:

(1)
Determine the percentage increase in the gross domestic product
deflator determined by the bureau of economic analysis of the United
States department of commerce from the first day of January of the
preceding year to the last day of December of the preceding year;

(2)
Multiply that percentage increase by the filing threshold for the
current year;

(3)
Add the resulting product to the filing threshold for the current
year;

(4)
Round the resulting sum to the nearest multiple of one thousand
dollars.

The
commissioner shall certify the amount resulting from the adjustment
to each county auditor not later than the first day of October each
year. The certified amount applies to complaints filed for the tax
year in which the amount is certified. The commissioner shall not
make the adjustment for any tax year in which the amount resulting
from the adjustment would be less than the filing threshold for the
current tax year.

(K)
Any person who knowingly makes a false statement in an affidavit
furnished under division (A)(8)(b) of this section is guilty of
falsification under division (A)(11) of section 2921.13 of the
Revised Code.

Sec.
5717.01.
An
appeal from a decision of a county board of revision may be taken to
the board of tax appeals within thirty days after notice of the
decision of the county board of revision is mailed as provided in
division (A) of section 5715.20 of the Revised Code. Such an appeal
may be taken by the county auditor, the tax commissioner, or any
board, legislative authority, public official, or taxpayer authorized
by section 5715.19 of the Revised Code to file complaints against
valuations or assessments with the auditor, except that a subdivision

that
files an original complaint or counter-complaint under that section
with respect to property the subdivision does not own or lease may
not appeal the decision of the board of revision with respect to that
original complaint or counter-complaint
or
the legislative authority or mayor of a subdivision may file such an
appeal only if the subdivision owns or leases the property that is
the subject of the board of revision's decision, and except that no
such appeal may be taken by a third party complainant, as defined in
that section
.
Such appeal shall be taken by the filing of a notice of appeal, in
person or by certified mail, express mail, facsimile transmission,
electronic transmission, or by authorized delivery service, with the
board of tax appeals and with the county board of revision. If notice
of appeal is filed by certified mail, express mail, or authorized
delivery service as provided in section 5703.056 of the Revised Code,
the date of the United States postmark placed on the sender's receipt
by the postal service or the date of receipt recorded by the
authorized delivery service shall be treated as the date of filing.
If notice of appeal is filed by facsimile transmission or electronic
transmission, the date and time the notice is received by the board
shall be the date and time reflected on a timestamp provided by the
board's electronic system, and the appeal shall be considered filed
with the board on the date reflected on that timestamp. Any timestamp
provided by another computer system or electronic submission device
shall not affect the time and date the notice is received by the
board. Upon receipt of such notice of appeal such county board of
revision shall notify all persons thereof who were parties to the
proceeding before such county board of revision by either certified
mail or, if the board has record of an internet identifier of record
associated with such a person, by ordinary mail and by that internet
identifier of record, and shall file proof of such notice or, in the
case of ordinary mail, an affidavit attesting that the board sent the
notice with the board of tax appeals. The county board of revision
shall thereupon certify to the board of tax appeals a transcript of
the record of the proceedings of the county board of revision
pertaining to the original complaint, and all evidence offered in
connection therewith. Such appeal may be heard by the board of tax
appeals at its offices in Columbus or in the county where the
property is listed for taxation, or the board of tax appeals may
cause its examiners to conduct such hearing and to report to it their
findings for affirmation or rejection. An appeal may proceed pursuant
to section 5703.021 of the Revised Code on the small claims docket if
the appeal qualifies under that section.

The
board of tax appeals may order the appeal to be heard on the record
and the evidence certified to it by the county board of revision, or
it may order the hearing of additional evidence, and it may make such
investigation concerning the appeal as it deems proper.

As
used in this section, "internet identifier of record" has
the same meaning as in section 9.312 of the Revised Code.

Sec.
5725.01.
As
used in sections 5725.01 to 5725.26 of the Revised Code:

(A)
"Financial institution" means:

(1)
A national bank organized and existing as a national bank association
pursuant to the "National Bank Act," 12 U.S.C. 21;

(2)
A federal savings association or federal savings bank that is
chartered under 12 U.S.C. 1464;

(3)
A bank, banking association, trust company, savings and loan
association, savings bank, or other banking institution that is
incorporated or organized under the laws of any state;

(4)
Any corporation organized under 12 U.S.C. 611 to 631;

(5)
Any agency or branch of a foreign depository as defined in 12 U.S.C.
3101;

(6)
A company licensed as a small business investment company under the
"Small Business Investment Act of 1958," 72 Stat. 689, 15
U.S.C. 66l, as amended; or

(7)
A company chartered under the "Farm Credit Act of 1933," 48
Stat. 257, 12 U.S.C. 1131(d), as amended.

Corporations
or institutions organized under the "Federal Farm Loan Act"
and amendments thereto, insurance companies, and credit unions shall
not be considered financial institutions or dealers in intangibles
within the meaning of such sections.

(B)(1)
(B)

"Dealer in intangibles" includes every person who keeps an
office or other place of business in this state and engages at such
office or other place in a business that consists primarily of
lending money, or discounting, buying, or selling bills of exchange,
drafts, acceptances, notes, mortgages, or other evidences of
indebtedness, or of buying or selling bonds, stocks, or other
investment securities, whether on the person's own account with a
view to profit, or as agent or broker for others, with a view to
profit or personal earnings. Dealer in intangibles excludes
institutions used exclusively for charitable purposes, insurance
companies, and financial institutions. The investment of funds as
personal accumulations or as business reserves or working capital
does not constitute engaging in a business within the meaning of this
division; but a person who, having engaged in a business that
consists primarily of lending money, or discounting, buying, or
selling bills of exchange, drafts, acceptances, notes, mortgages, or
other evidences of indebtedness on the person's own account, remains
in business primarily for the purpose of realizing upon the assets of
the business is deemed a dealer in intangibles, though not presently
engaged in a business that consists primarily of lending money or
discounting or buying such securities.

(2)
The tax commissioner shall adopt a rule defining "primarily"
as that term is used in division (B)(1) of this section.

(C)
"Insurance company" includes every corporation,
association, and society engaged in the business of insurance of any
character, or engaged in the business of entering into contracts
substantially amounting to insurance of any character, or of
indemnifying or guaranteeing against loss or damage, or acting as
surety on bonds or undertakings. "Insurance company" also
includes any health insuring corporation as defined in section
1751.01 of the Revised Code.

(D)
"Domestic insurance company" includes every insurance
company organized and existing under the laws of this state, and
every unincorporated association and society formed under the laws of
this state for the purpose of engaging in said business, except a
company, association, or society that is an insurance holding company
affiliate controlled by a nonresident affiliate and has risks in this
state formerly written by its foreign affiliates in a total amount
exceeding the risks outstanding on the taxpayer's latest annual
report that arise from business initially written by it in this
state; and excludes every foreign insurance company. As used in this
division, terms defined in section 3901.32 of the Revised Code have
the same meanings given to them in that section.

(E)
"Foreign insurance company" includes every insurance
company organized or existing under the laws of any other state,
territory, country, or the United States and every insurance holding
company affiliate excepted under division (D) of this section.

(F)
"Credit union" means a nonprofit cooperative financial
institution organized or chartered under the laws of this state, of
another state, or of the United States.

Sec.
5725.23.
Taxes,
interest, and penalties may be recovered from a delinquent domestic
insurance company or person in an action brought in the name of the
state in the court of common pleas of Franklin county or any county
in which such company or person has an office or place of business,
and such court shall have jurisdiction of such action regardless of
the amount involved. The attorney general, on request of the
superintendent of insurance or tax commissioner, shall institute such
action in the court of common pleas of Franklin county or any other
county the superintendent or commissioner directs. In any such
action, it shall be sufficient to allege that the tax, interest, and
penalty sought to be recovered stand charged on the tax list of
domestic insurance company franchise taxes
or
intangible property taxes
in
the office of the treasurer of state and have been unpaid for a
period of forty-five days after having been placed thereon. Sums
recovered in any such action shall be paid into the state treasury
and distributed as provided in section 5725.24 of the Revised Code.

Sec.
5725.35.
There
is allowed a credit against the tax imposed by section 5725.18 of the
Revised Code for an insurance company subject to that tax that holds
the rights to a tax credit certificate issued under section 122.09 of
the Revised Code. The credit shall equal the dollar amount indicated
on the certificate. The credit shall be claimed in the calendar year
specified in the certificate
or
the ensuing calendar year
and
in the order required under section 5725.98 of the Revised Code. If
the credit exceeds the amount of tax otherwise due in that year, the
company may carry forward the excess for not more than five ensuing
years, but the amount of the excess credit claimed against the tax
for any year shall be deducted from the balance carried forward to
the next year.

No
credit shall be claimed under this section to the extent the
certificate was used to claim a credit under section 5726.62,
5729.18, or 5747.87 of the Revised Code.

Sec.
5725.38.
Terms
used in this section have the same meanings as in section 122.84 of
the Revised Code.

There
is allowed a nonrefundable credit against the tax imposed by section
5725.18 of the Revised Code for a domestic insurance company that is
issued, or to which is transferred, a tax credit certificate under
section 122.84 of the Revised Code. The credit equals the amount
stated on the certificate and may be claimed for the calendar year
that includes the investment period that was the subject of the
application for the certificate under that section or for the ensuing
calendar year.

For
a credit issued during the July application round each year, the
credit may also be claimed for the preceding calendar year. A
taxpayer applying a credit for the preceding calendar year shall file
an amended return or apply that amendment on the taxpayer's original
return, for that year.

The
credit authorized in this section shall be claimed in the order
required under section 5725.98 of the Revised Code. If the amount of
a credit exceeds the tax otherwise due under section 5725.18 of the
Revised Code after deducting all other credits preceding the credit
in that order, the excess may be carried forward for not more than
five ensuing calendar years. The amount of the excess credit claimed
in any such year shall be deducted from the balance carried forward
to the next calendar year.

No
credit shall be claimed under this section to the extent the credit
was claimed under section 5726.61, 5729.21, or 5747.86 of the Revised
Code.

Sec.
5726.03.
(A)(1)
Annually, on or before the fifteenth day of October, the reporting
person for each taxpayer shall make a report in writing to the tax
commissioner, in such form as the commissioner prescribes, and shall
remit to the commissioner the amount of tax shown to be due on the
report. The remittance shall be made payable to the treasurer of
state.
The
commissioner shall make available, on the official internet web site
of the department of taxation, copies of the forms prescribed by the
commissioner for the purpose of making the annual report.

(2)
An annual report shall be signed by the president, vice-president,
secretary, treasurer, general manager, superintendent, or managing
agent in this state of the reporting person.

(3)
An annual report shall contain the facts, figures, computations, and
attachments that result in the determination of the amount of tax due
from a taxpayer under this chapter.

(B)(1)
In the case of a financial institution described in division (H)(1)
of section 5726.01 of the Revised Code, the annual report filed for a
taxable year shall list, and include information related to, each
person includable in an FR Y-9 filed by the reporting person for that
taxable year.

(2)
In the case of a financial institution described in division (H)(2)
or (3) of section 5726.01 of the Revised Code, the annual report for
a taxable year shall list, and include information related to, each
person includable in a call report filed by the reporting person for
that taxable year.

(C)(1)
The reporting person for a taxpayer shall remit each tax payment and,
if required by the commissioner, file each annual or estimated tax
report electronically. The commissioner may require reporting persons
to use the Ohio business gateway as defined in section 718.01 of the
Revised Code to file reports and remit the tax, or may provide
another means for reporting persons to file and remit the tax
electronically.

(2)
The payment of taxes as provided in division (C) of this section
shall not affect a taxpayer's obligation to file an annual report
required under division (A) of this section.

(3)
The reporting person for a taxpayer that is required to remit tax
payments electronically under this section may apply to the tax
commissioner, in the manner prescribed by the commissioner, to be
excused from that requirement. The commissioner may excuse the
taxpayer from the requirements of division (C) of this section for
good cause.

(4)
If the reporting person for a taxpayer that is required to remit tax
payments or file reports electronically under this section fails to
do so, the commissioner may impose a penalty not to exceed the
following:

(a)
For either of the first two reports the person so fails, five per
cent of the amount of the payment that was required to be remitted;

(b)
For the third and any subsequent reports the person so fails, ten per
cent of the amount of the payment that was required to be remitted.

The
penalty imposed under this section is in addition to any other
penalty or charge imposed under this chapter and shall be considered
as revenue arising from the tax levied under this chapter. A penalty
may be collected by assessment in the manner prescribed by section
5726.20 of the Revised Code. The tax commissioner may abate all or a
portion of such a penalty and may adopt rules governing such
abatements.

Sec.
5726.20.
(A)
The tax commissioner may make an assessment, based on any information
in the commissioner's possession, against any person that fails to
file a return or report or pay any tax as required by this chapter.
The reporting person for a taxpayer shall file the annual report
required under section 5726.03 of the Revised Code and remit the tax
imposed by this chapter. Each person included in the annual report of
the taxpayer is jointly and severally liable for the tax imposed by
this chapter and any penalties and interest thereon. If the reporting
person fails, for any reason, to file and remit any tax, the amount
due may be collected by assessment against the reporting person and
against any or all other persons required to be included in the
annual report of the taxpayer as provided in section 5703.90 of the
Revised Code. The commissioner shall make the assessment in the
manner provided in this section. The commissioner shall give the
person assessed written notice of the assessment as provided in
section 5703.37 of the Revised Code. With the notice, the
commissioner shall provide instructions on the manner in which to
petition for reassessment and request a hearing with respect to the
petition.

(B)
No assessment shall be made or issued against a person under this
section more than four years after the later of the final date the
report subject to assessment was required to be filed or the date
such report was filed. Such time limit may be extended if both the
person and the commissioner consent in writing to the extension or if
an agreement waiving or extending the time limit has been entered
into pursuant to section 122.171 of the Revised Code. Any such
extension shall extend the four-year time limit prescribed in
division (A) of section 5726.30 of the Revised Code for the same
period of time. There shall be no bar or limit to an assessment
against a person that fails to file a report subject to assessment as
required by this chapter, or that files a fraudulent report.

(C)
Unless the person assessed, within sixty days after service of the
notice of assessment, files with the tax commissioner
,
either in person or by certified mail,

a written petition for reassessment signed by the person or the
person's authorized agent having knowledge of the facts, the
assessment shall become final, and the amount of the assessment is
due and payable from the person assessed to the treasurer of state. A
petition shall indicate the objections of the person assessed, but
additional objections may be raised in writing if received by the
commissioner prior to the date shown on the final determination. If a
petition for reassessment has been properly filed, the commissioner
shall proceed under section 5703.60 of the Revised Code.

(D)(1)
After an assessment becomes final, if any portion of the assessment,
including any accrued interest, remains unpaid, a certified copy of
the tax commissioner's entry making the assessment final may be filed
in the office of the clerk of the court of common pleas in the county
in which the person resides or has its principal place of business in
this state, or in the office of the clerk of court of common pleas of
Franklin county.

(2)
Immediately upon the filing of the entry, the clerk shall enter
judgment for the state against the person assessed in the amount
shown on the entry. The judgment may be filed by the clerk in a
loose-leaf book entitled, "special judgments for the financial
institution tax" and shall have the same effect as other
judgments. Execution shall issue upon the judgment at the request of
the tax commissioner, and all laws applicable to sales on execution
shall apply to sales made under the judgment.

(3)
If the assessment is not paid in its entirety within sixty days after
the day the assessment was issued, the portion of the assessment
consisting of tax due shall bear interest at the rate per annum
prescribed by section 5703.47 of the Revised Code from the date the
tax commissioner issues the assessment until the date the assessment
is paid or until it is certified to the attorney general for
collection under section 131.02 of the Revised Code, whichever comes
first. If the unpaid portion of the assessment is certified to the
attorney general for collection, the entire unpaid portion of the
assessment shall bear interest at the rate per annum prescribed by
section 5703.47 of the Revised Code from the date of certification
until the date it is paid in its entirety. Interest shall be paid in
the same manner as the tax and may be collected by the issuance of an
assessment under this section.

(E)
If the tax commissioner believes that collection of the tax imposed
by this chapter will be jeopardized unless proceedings to collect or
secure collection of the tax are instituted without delay, the
commissioner may issue a jeopardy assessment against the person
liable for the tax. Immediately upon the issuance of the jeopardy
assessment, the commissioner shall file an entry with the clerk of
the court of common pleas in the manner prescribed by division (D) of
this section. Notice of the jeopardy assessment shall be served on
the person assessed or the person's authorized agent in the manner
provided in section 5703.37 of the Revised Code within five days of
the filing of the entry with the clerk. The total amount assessed
shall be immediately due and payable, unless the person assessed
files a petition for reassessment in accordance with division (C) of
this section and provides security in a form satisfactory to the
commissioner and in an amount sufficient to satisfy the unpaid
balance of the assessment. Full or partial payment of the assessment
shall not prejudice the commissioner's consideration of the petition
for reassessment.

(F)
The tax commissioner shall immediately forward to the treasurer of
state all amounts the commissioner receives under this section. Such
amounts shall be considered as revenue arising from the tax imposed
by this chapter.

(G)
If the tax commissioner possesses information indicating that the
amount of tax a taxpayer is required to pay under this chapter
exceeds the amount the reporting person for the taxpayer paid, the
tax commissioner may audit a sample of the taxpayer's gross receipts
over a representative period of time to ascertain the amount of tax
due, and may issue an assessment based on the audit. The tax
commissioner shall make a good faith effort to reach agreement with
the taxpayer in selecting a representative sample. The tax
commissioner may apply a sampling method only if the commissioner has
prescribed the method by rule.

(H)
If the whereabouts of a person subject to this chapter is not known
to the tax commissioner, the secretary of state is hereby deemed to
be that person's agent for purposes of service of process or notice
of any assessment, action, or proceedings instituted in this state
against the person under this chapter. Such process or notice shall
be served on such person by the commissioner or by an agent of the
commissioner by leaving a true and attested copy of the process or
notice at the office of the secretary of state at least fifteen days
before the return day of such process or notice, and by sending a
copy of the process or notice to such person by ordinary mail, with
an endorsement thereon of the service upon the secretary of state,
addressed to such person at the person's last known address.

Sec.
5726.61.
Terms
used in this section have the same meanings as in section 122.84 of
the Revised Code.

A
taxpayer may claim a nonrefundable credit against the tax imposed
under section 5726.02 of the Revised Code for each person included in
the annual report of the taxpayer to whom a certificate is issued
under section 122.84 of the Revised Code or is transferred pursuant
to that section. The credit equals the amount stated on the
certificate and may be claimed for the taxable year that aligns with
the calendar year that includes the investment period that was the
subject of the application for the certificate under that section or
for the ensuing calendar year.

For
a credit issued during the July application round each year, the
credit may also be claimed for the preceding taxable year. A taxpayer
applying a credit for the preceding taxable year shall file an
amended report or apply that amendment on the taxpayer's original
report, for that year.

The
credit authorized in this section shall be claimed in the order
required under section 5726.98 of the Revised Code. If the amount of
a credit exceeds the tax otherwise due under section 5726.02 of the
Revised Code after deducting all other credits preceding the credit
in that order, the excess may be carried forward for not more than
five ensuing taxable years. The amount of the excess credit claimed
in any such year shall be deducted from the balance carried forward
to the next taxable year.

No
credit shall be claimed under this section to the extent the credit
was claimed under section 5725.38, 5729.21, or 5747.86 of the Revised
Code.

Sec.
5726.62.
A
taxpayer may claim a nonrefundable credit against the tax imposed
under this chapter for each person included in the annual report of
the taxpayer that holds the rights to a tax credit certificate that
is issued on or after the effective date of this section under
section 122.09 of the Revised Code. The credit shall equal the dollar
amount indicated on the certificate and may be claimed for the
taxable year that aligns with the calendar year specified in the
certificate or with the ensuing calendar year and in the order
required under section 5726.98 of the Revised Code. If the credit
amount exceeds the tax otherwise due under section 5726.02 of the
Revised Code after deducting all other credits preceding the credit
in the order prescribed in section 5726.98 of the Revised Code, the
excess may be carried forward for not more than five ensuing taxable
years, but the amount of the excess credit claimed against the tax
for any year shall be deducted from the balance carried forward to
the next year.

No
credit shall be claimed under this section to the extent the
certificate was used to claim a credit under section 5725.35,
5729.18, or 5747.87 of the Revised Code.

Sec.
5726.98.
(A)
To provide a uniform procedure for calculating the amount of tax due
under section 5726.02 of the Revised Code, a taxpayer shall claim any
credits to which the taxpayer is entitled under this chapter in the
following order:

The
nonrefundable job retention credit under division (B) of section
5726.50 of the Revised Code;

The
nonrefundable credit for purchases of qualified low-income community
investments under section 5726.54 of the Revised Code;

The
nonrefundable credit for transformational mixed use development tax
credit certificate holders under section 5726.62 of the Revised Code;

The
nonrefundable credit for qualified research expenses under section
5726.56 of the Revised Code;

The
nonrefundable credit for qualifying dealer in intangibles taxes under
section 5726.57 of the Revised Code;

The
nonrefundable Ohio low-income housing tax credit under section
5726.58 of the Revised Code;

The
nonrefundable affordable single-family home credit under section
5726.60 of the Revised Code;

The
nonrefundable welcome home Ohio (WHO) program credit under section
122.633 of the Revised Code;

The
nonrefundable opportunity zone investment credit under section
5726.61 of the Revised Code;

The
refundable credit for rehabilitating an historic building under
section 5726.52 of the Revised Code;

The
refundable job retention or job creation credit under division (A) of
section 5726.50 of the Revised Code;

The
refundable credit under section 5726.53 of the Revised Code for
losses on loans made under the Ohio venture capital program under
sections 150.01 to 150.10 of the Revised Code;

The
refundable motion picture and broadway theatrical production credit
under section 5726.55 of the Revised Code
;

The
refundable credit for film and theater capital improvement projects
under section 5726.59 of the Revised Code
.

(B)
For any credit except the refundable credits enumerated in this
section, the amount of the credit for a taxable year shall not exceed
the tax due after allowing for any other credit that precedes it in
the order required under this section. Any excess amount of a
particular credit may be carried forward if authorized under the
section creating that credit. Nothing in this chapter shall be
construed to allow a taxpayer to claim, directly or indirectly, a
credit more than once for a taxable year.

Sec.
5727.111.
As
used in this section, "convert" means to switch fuel input
from one energy source to another and "repower" means to
replace enough of the original taxable production equipment to make
an original production facility equivalent to a new facility, such
that at least eighty per cent of the true value of the taxable
production equipment is derived from new taxable production equipment
installed as part of the replacement project. The taxable property of
each public utility, except a railroad company, and of each
interexchange telecommunications company shall be assessed at the
following percentages of true value:

(A)
In the case of a rural electric company, one of the following:

(1)
Fifty per cent in the case of its taxable transmission and
distribution property or energy conversion equipment first subject to
taxation in this state before tax year 2027;

(2)
Seven per cent in the case of its taxable production
or

and

energy
conversion equipment first subject to taxation in this state for tax
year 2027 and thereafter or any other taxable production equipment
that is either converted or repowered;

(3)
Twenty-five per cent in the case of all its other taxable property.

(B)
In the case of a telephone or telegraph company, twenty-five per cent
for taxable property first subject to taxation in this state for tax
year 1995 or thereafter for tax years before tax year 2007, and
pursuant to division (H) of section 5711.22 of the Revised Code for
tax year 2007 and thereafter, and the following for all other taxable
property:

(1)
For tax years prior to 2005, eighty-eight per cent;

(2)
For tax year 2005, sixty-seven per cent;

(3)
For tax year 2006, forty-six per cent;

(4)
For tax year 2007 and thereafter, pursuant to division (H) of section
5711.22 of the Revised Code.

(C)
Twenty-five per cent in the case of (1) a natural gas company or (2)
a water-works company for taxable property first subject to taxation
in this state for tax year 2017 and thereafter.

(D)
Eighty-eight per cent in the case of a water-works company for
taxable property first subject to taxation in this state before tax
year 2017, or a heating company.

(E)
In the case of an electric company, one of the following:

(1)
Eighty-five per cent in the case of its taxable transmission and
distribution property and energy conversion equipment first subject
to taxation in this state before tax year 2027;

(2)
Twenty-five per cent in the case of its other taxable transmission
and distribution property;

(3)
Seven per cent in the case of its taxable production and energy
conversion equipment first subject to taxation in this state for tax
year 2027 and thereafter or any other taxable production equipment
that is either converted or repowered;

(4)
Twenty-four per cent in the case of all its other taxable property.

(F)(1)
Twenty-five per cent in the case of an interexchange
telecommunications company for tax years before tax year 2007;

(2)
Pursuant to division (H) of section 5711.22 of the Revised Code for
tax year 2007 and thereafter.

(G)
Twenty-five per cent in the case of a water transportation company.

(H)
In the case of an energy company, one of the following:

(1)
Eighty-five per cent in the case of its taxable transmission and
distribution property first subject to taxation in this state before
tax year 2027;

(2)
Twenty-five per cent in the case of its other taxable transmission
and distribution property;

(3)
Seven per cent in the case of its taxable production
or

and

energy
conversion equipment first subject to taxation in this state for tax
year 2027 and thereafter or any other taxable production equipment
that is either converted or repowered;

(4)
Twenty-four per cent in the case of its other taxable production
equipment;

(5)
Eighty-five per cent in the case of all its other taxable property.

(I)
In the case of a pipeline company, one of the following:

(1)
Eighty-eight per cent of its taxable property first subject to
taxation in this state before tax year 2027;

(2)
Twenty-five per cent in the case of all its other taxable property.

Sec.
5727.26.
(A)
The tax commissioner may make an assessment, based on any information
in the commissioner's possession, against any natural gas company or
combined company that fails to file a return or pay any tax,
interest, or additional charge as required by sections 5727.24 to
5727.29 of the Revised Code. The commissioner shall give the company
assessed written notice of the assessment as provided in section
5703.37 of the Revised Code. With the notice, the commissioner shall
provide instructions on how to petition for reassessment and request
a hearing on the petition. A penalty of up to fifteen per cent may be
added to all amounts assessed under this section. The tax
commissioner may adopt rules providing for the imposition and
remission of the penalty.

(B)
Unless the company assessed, within sixty days after service of the
notice of assessment, files with the tax commissioner
,
either personally or by certified mail,

a written petition signed by the company's authorized agent having
knowledge of the facts, the assessment becomes final, and the amount
of the assessment is due and payable from the company assessed to the
commissioner. The petition shall indicate the objections of the
company assessed, but additional objections may be raised in writing
if received by the commissioner prior to the date shown on the final
determination.

If
a petition for reassessment has been properly filed, the commissioner
shall proceed under section 5703.60 of the Revised Code.

(C)
After an assessment becomes final, if any portion of the assessment,
including accrued interest, remains unpaid, a certified copy of the
tax commissioner's entry making the assessment final may be filed in
the office of the clerk of the court of common pleas in the county in
which the natural gas company's or combined company's principal place
of business is located, or in the office of the clerk of court of
common pleas of Franklin county.

Immediately
on the filing of the entry, the clerk shall enter judgment for the
state against the company assessed in the amount shown on the entry.
The judgment may be filed by the clerk in a loose-leaf book entitled,
"special judgments for the public utility excise tax on natural
gas and combined companies," and shall have the same effect as
other judgments. Execution shall issue upon the judgment at the
request of the tax commissioner, and all laws applicable to sales on
execution shall apply to sales made under the judgment.

If
the assessment is not paid in its entirety within sixty days after
the day the assessment was issued, the portion of the assessment
consisting of tax due shall bear interest at the rate per annum
prescribed by section 5703.47 of the Revised Code from the day the
tax commissioner issues the assessment until it is paid or until it
is certified to the attorney general for collection under section
131.02 of the Revised Code, whichever comes first. If the unpaid
portion of the assessment is certified to the attorney general for
collection, the entire unpaid portion of the assessment shall bear
interest at the rate per annum prescribed by section 5703.47 of the
Revised Code from the date of certification until the date it is paid
in its entirety. Interest shall be paid in the same manner as the tax
and may be collected by the issuance of an assessment under this
section.

(D)
If the tax commissioner believes that collection of the tax will be
jeopardized unless proceedings to collect or secure collection of the
tax are instituted without delay, the commissioner may issue a
jeopardy assessment against the company liable for the tax.
Immediately upon the issuance of the jeopardy assessment, the
commissioner shall file an entry with the clerk of the court of
common pleas in the manner prescribed by division (C) of this
section. Notice of the jeopardy assessment shall be served on the
company assessed or the company's authorized agent in the manner
provided in section 5703.37 of the Revised Code within five days of
the filing of the entry with the clerk. The total amount assessed is
immediately due and payable, unless the company assessed files a
petition for reassessment in accordance with division (B) of this
section and provides security in a form satisfactory to the
commissioner and in an amount sufficient to satisfy the unpaid
balance of the assessment. Full or partial payment of the assessment
does not prejudice the commissioner's consideration of the petition
for reassessment.

(E)
The tax commissioner shall immediately forward to the treasurer of
state all amounts that the tax commissioner receives under this
section, and such amounts shall be considered revenue arising from
the tax imposed by section 5727.24 of the Revised Code.

(F)
No assessment shall be made or issued against a natural gas company
or combined company for the tax imposed by section 5727.24 of the
Revised Code more than four years after the return date for the
period in which the tax was reported, or more than four years after
the return for the period was filed, whichever is later.

Sec.
5727.38.
On
or before the first Monday of November, annually, the tax
commissioner may assess an excise tax against a public utility
subject to the excise tax under section 5727.30 of the Revised Code.
The tax shall be computed by multiplying the taxable gross receipts
as determined by the commissioner under section 5727.33 of the
Revised Code by six and three-fourths per cent in the case of
pipe-line companies, and four and three-fourths per cent in the case
of all other companies. The minimum tax for any such company for
owning property or doing business in this state shall be fifty
dollars. The assessment shall be
mailed
to the taxpayer
served
on the public utility in the manner prescribed by section 5703.37 of
the Revised Code
.

Sec.
5727.42.
(A)
The tax commissioner shall collect the excise tax imposed by section
5727.30 of the Revised Code and the taxpayer shall pay all taxes and
any penalties thereon. Payments of the tax may be made by mail, in
person, electronically if required to do so by section 5727.311 of
the Revised Code, or by any other means authorized by the
commissioner. The commissioner may adopt rules concerning the methods
and timeliness of payment.

(B)
Each tax assessment issued pursuant to this section shall separately
reflect the taxes and any penalty due, and any other information
considered necessary.
The
commissioner shall mail the assessment to the taxpayer, and the
mailing of it shall be prima-facie evidence of receipt thereof by the
taxpayer
The
assessment shall be served on the taxpayer in the manner prescribed
by section 5703.37 of the Revised Code
.

(C)
The commissioner shall refund taxes levied and payments made for the
tax imposed by section 5727.30 of the Revised Code as provided in
this section
,
but no refund shall be made to a taxpayer having a delinquent claim
certified pursuant to this section that remains unpaid. The
commissioner may consult the attorney general regarding such claims
.

(D)
After receiving any excise tax annual statement for the tax imposed
by section 5727.30 of the Revised Code, the commissioner shall:

(1)
Ascertain the difference between the total taxes owed and the sum of
all payments made for that year.

(2)
If the difference is a deficiency, the commissioner shall issue an
assessment.

(3)
If the difference is an excess, the commissioner shall issue a refund
of that amount to the taxpayer. If the amount of the refund is less
than that claimed by the taxpayer, the taxpayer, within sixty days of
the issuance of the refund, may provide to the commissioner
additional information to support the claim or may request a hearing.
Upon receiving such information or request within that time, the
commissioner shall follow the same procedures set forth in divisions
(C) and (D) of section 5703.70 of the Revised Code for the
determination of refund applications.

If
the taxpayer has a deficiency for one tax year and an excess for
another tax year, or any combination thereof for more than two years,
the commissioner may determine the net result and, depending on such
result, proceed to issue an assessment or certify a refund.

(E)
If a taxpayer fails to pay the amount of taxes required to be paid,
or fails to make an estimated payment on or before the due date
prescribed in division (B) of section 5727.31 of the Revised Code,
the commissioner shall impose a penalty in the amount of fifteen per
cent of the unpaid amount, and the commissioner shall issue an
assessment for the unpaid amount and penalty. Unless a timely
petition for reassessment is filed under section 5727.47 of the
Revised Code, the attorney general shall proceed to collect the
delinquent taxes and penalties thereon in the manner prescribed by
law and notify the commissioner of all collections.

(F)
If a taxpayer entitled to a refund under this section is indebted to
the state for any tax or fee administered by the tax commissioner, or
any charge, penalty, or interest arising from such a tax or fee, the
amount refundable may be applied in satisfaction of that debt. If the
amount refundable is less than the amount of the debt, it may be
applied in partial satisfaction of the debt. If the amount refundable
is greater than the amount of the debt, the amount remaining after
satisfaction of the debt shall be refunded.

Sec.
5727.47.
(A)
Notice of each assessment certified or issued pursuant to section
5727.23 or 5727.38 of the Revised Code shall be
mailed
to the public utility, and its mailing shall be prima-facie evidence
of its receipt by the public utility to which it is addressed
served
on the public utility or public utility property lessor in the manner
prescribed by section 5703.37 of the Revised Code
.
With the notice, the tax commissioner shall provide instructions on
how to petition for reassessment and request a hearing on the
petition. If a public utility objects to such an assessment, it may
file with the commissioner
,
either personally or by certified mail,

within sixty days after the mailing of the notice of assessment a
written petition for reassessment signed by the utility's authorized
agent having knowledge of the facts. The date the commissioner
receives the petition shall be considered the date of filing. The
petition shall indicate the utility's objections, but additional
objections may be raised in writing if received by the commissioner
prior to the date shown on the final determination.

In
the case of a petition seeking a reduction in taxable value filed
with respect to an assessment certified under section 5727.23 of the
Revised Code, the petitioner shall state in the petition the total
amount of reduction in taxable value sought by the petitioner. If the
petitioner objects to the percentage of true value at which taxable
property is assessed by the commissioner, the petitioner shall state
in the petition the total amount of reduction in taxable value sought
both with and without regard to the objection pertaining to the
percentage of true value at which its taxable property is assessed.
If a petitioner objects to the commissioner's apportionment of the
taxable value of the petitioner's taxable property, the petitioner
shall distinctly state in the petition that the petitioner objects to
the commissioner's apportionment, and, within forty-five days after
filing the petition for reassessment, shall submit the petitioner's
proposed apportionment of the taxable value of its taxable property
among taxing districts. If a petitioner that objects to the
commissioner's apportionment fails to state its objections to that
apportionment in its petition for reassessment or fails to submit its
proposed apportionment within forty-five days after filing the
petition for reassessment, the commissioner shall dismiss the
petitioner's objection to the commissioner's apportionment, and the
taxable value of the petitioner's taxable property, subject to any
adjustment to taxable value pursuant to the petition or appeal, shall
be apportioned in the manner used by the commissioner in the
preliminary or amended preliminary assessment certified under section
5727.23 of the Revised Code.

If
an additional objection seeking a reduction in taxable value in
excess of the reduction stated in the original petition is properly
and timely raised with respect to an assessment issued under section
5727.23 of the Revised Code, the petitioner shall state the total
amount of the reduction in taxable value sought in the additional
objection both with and without regard to any reduction in taxable
value pertaining to the percentage of true value at which taxable
property is assessed. If a petitioner fails to state the reduction in
taxable value sought in the original petition or in additional
objections properly raised after the petition is filed, the
commissioner shall notify the petitioner of the failure in the manner
provided in section 5703.37 of the Revised Code. If the petitioner
fails to notify the commissioner in writing of the reduction in
taxable value sought in the petition or in an additional objection
within thirty days after receiving the commissioner's notice, the
commissioner shall dismiss the petition or the additional objection
in which that reduction is sought.

(B)(1)
Subject to divisions (B)(2) and (3) of this section, a public utility
filing a petition for reassessment regarding an assessment certified
or issued under section 5727.23 or 5727.38 of the Revised Code shall
pay the tax with respect to the assessment objected to as required by
law. The acceptance of any tax payment by the tax commissioner or any
county treasurer shall not prejudice any claim for taxes on final
determination by the commissioner or final decision by the board of
tax appeals or any court.

(2)
If a public utility properly and timely files a petition for
reassessment regarding an assessment certified under section 5727.23
of the Revised Code, the petitioner shall pay the tax as prescribed
by divisions (B)(2)(a), (b), and (c) of this section:

(a)
If the petitioner does not object to the commissioner's apportionment
of the taxable value of the petitioner's taxable property, the
petitioner is not required to pay the part of the tax otherwise due
on the taxable value that the petitioner seeks to have reduced,
subject to division (B)(2)(c) of this section.

(b)
If the petitioner objects to the commissioner's apportionment of the
taxable value of the petitioner's taxable property, the petitioner is
not required to pay the tax otherwise due on the part of the taxable
value apportioned to any taxing district that the petitioner objects
to, subject to division (B)(2)(c) of this section. If, pursuant to
division (A) of this section, the petitioner has, in a proper and
timely manner, apportioned taxable value to a taxing district to
which the commissioner did not apportion the petitioner's taxable
value, the petitioner shall pay the tax due on the taxable value that
the petitioner has apportioned to the taxing district, subject to
division (B)(2)(c) of this section.

(c)
If a petitioner objects to the percentage of true value at which
taxable property is assessed by the commissioner, the petitioner
shall pay the tax due on the basis of the percentage of true value at
which the public utility's taxable property is assessed by the
commissioner. In any case, the petitioner's payment of tax shall not
be less than the amount of tax due based on the taxable value
reflected on the last appeal notice issued by the commissioner under
division (C) of this section. Until the county auditor receives
notification under division (E) of this section and proceeds under
section 5727.471 of the Revised Code to issue any refund that is
found to be due, the county auditor shall not issue a refund for any
increase in the reduction in taxable value that is sought by a
petitioner later than forty-five days after the petitioner files the
original petition as required under division (A) of this section.

(3)
Any part of the tax that, under division (B)(2)(a) or (b) of this
section, is not paid shall be collected upon receipt of the
notification as provided in section 5727.471 of the Revised Code with
interest thereon computed in the same manner as interest is computed
under division (E) of section 5715.19 of the Revised Code, subject to
any correction of the assessment by the commissioner under division
(E) of this section or the final judgment of the board of tax appeals
or a court to which the board's final judgment is appealed. The
penalty imposed under section 323.121 of the Revised Code shall apply
only to the unpaid portion of the tax if the petitioner's tax payment
is less than the amount of tax due based on the taxable value
reflected on the last appeal notice issued by the commissioner under
division (C) of this section.

(C)
Upon receipt of a properly filed petition for reassessment with
respect to an assessment certified under section 5727.23 of the
Revised Code, the tax commissioner shall notify the treasurer of
state or the auditor of each county to which the assessment objected
to has been certified. In the case of a petition with respect to an
assessment certified under section 5727.23 of the Revised Code, the
commissioner shall issue an appeal notice within thirty days after
receiving the amount of the taxable value reduction and apportionment
changes sought by the petitioner in the original petition or in any
additional objections properly and timely raised by the petitioner.
The appeal notice shall indicate the amount of the reduction in
taxable value sought in the petition or in the additional objections
and the extent to which the reduction in taxable value and any change
in apportionment requested by the petitioner would affect the
commissioner's apportionment of the taxable value among taxing
districts in the county as shown in the assessment. If a petitioner
is seeking a reduction in taxable value on the basis of a lower
percentage of true value than the percentage at which the
commissioner assessed the petitioner's taxable property, the appeal
notice shall indicate the reduction in taxable value sought by the
petitioner without regard to the reduction sought on the basis of the
lower percentage and shall indicate that the petitioner is required
to pay tax on the reduced taxable value determined without regard to
the reduction sought on the basis of a lower percentage of true
value, as provided under division (B)(2)(c) of this section. The
appeal notice shall include a statement that the reduced taxable
value and the apportionment indicated in the notice are not final and
are subject to adjustment by the commissioner or by the board of tax
appeals or a court on appeal. If the commissioner finds an error in
the appeal notice, the commissioner may amend the notice, but the
notice is only for informational and tax payment purposes; the notice
is not subject to appeal by any person. The commissioner also shall

mail

provide

a
copy of the appeal notice to the petitioner. Upon the request of a
taxing authority, the county auditor may disclose to the taxing
authority the extent to which a reduction in taxable value sought by
a petitioner would affect the apportionment of taxable value to the
taxing district or districts under the taxing authority's
jurisdiction, but such a disclosure does not constitute a notice
required by law to be given for the purpose of section 5717.02 of the
Revised Code.

(D)
If the petitioner requests a hearing on the petition, the tax
commissioner shall assign a time and place for the hearing on the
petition and notify the petitioner of such time and place, but the
commissioner may continue the hearing from time to time as necessary.

(E)
The tax commissioner may make corrections to the assessment as the
commissioner finds proper. The commissioner shall serve a copy of the
commissioner's final determination on the petitioner in the manner
provided in section 5703.37 of the Revised Code. The commissioner's
decision in the matter shall be final, subject to appeal under
section 5717.02 of the Revised Code. With respect to a final
determination issued for an assessment certified under section
5727.23 of the Revised Code, the commissioner also shall transmit a
copy of the final determination to the applicable county auditor. In
the absence of any further appeal, or when a decision of the board of
tax appeals or of any court to which the decision has been appealed
becomes final, the commissioner shall notify the public utility and,
as appropriate, shall proceed under section 5727.42 of the Revised
Code, or notify the applicable county auditor, who shall proceed
under section 5727.471 of the Revised Code.

The
notification made under this division is not subject to further
appeal.

(F)
On appeal, no adjustment shall be made in the tax commissioner's
assessment certified under section 5727.23 of the Revised Code that
reduces the taxable value of a petitioner's taxable property by an
amount that exceeds the reduction sought by the petitioner in its
petition for reassessment or in any additional objections properly
and timely raised after the petition is filed with the commissioner.

Sec.
5727.48.
The
tax commissioner
,
on application by a public utility,

may extend to
the

a

public
utility a further specified time, not to exceed thirty days, within
which to file any report or statement required by this chapter to be
filed with the commissioner, except reports required by sections
5727.24 to 5727.29 of the Revised Code. A public utility
must
file such an application, in writing, with the commissioner
shall
request this extension, in the form and manner prescribed by the
commissioner,
on
or before the date that the report or statement is otherwise required
to be filed.

Sec.
5727.89.
(A)
The tax commissioner may make an assessment, based on any information
in the commissioner's possession, against any natural gas
distribution company, electric distribution company, self-assessing
purchaser, or qualified end user that fails to file a return or pay
any tax, interest, or additional charge as required by sections
5727.80 to 5727.95 of the Revised Code.

When
information in the possession of the tax commissioner indicates that
a person liable for the tax imposed by section 5727.81 or 5727.811 of
the Revised Code has not paid the full amount of tax due, the
commissioner may audit a representative sample of the person's
business and may issue an assessment based on the audit. The
commissioner shall give the person assessed written notice of the
assessment in the manner provided in section 5703.37 of the Revised
Code. With the notice, the commissioner shall provide instructions on
how to petition for reassessment and request a hearing on the
petition.

The
tax commissioner may issue an assessment for which the tax imposed by
section 5727.81 or 5727.811 of the Revised Code was due and unpaid on
the date the person was informed by an agent of the tax commissioner
of an investigation or audit of the person. Any payment of the tax
for the period covered by the assessment, after the person is so
informed, shall be credited against the assessment.

A
penalty of up to fifteen per cent may be added to all amounts
assessed under this section. The commissioner may adopt rules
providing for the imposition and remission of penalties.

(B)
Unless the party assessed files with the tax commissioner within
sixty days after service of the notice of assessment
,
either personally or by certified mail,

a written petition for reassessment signed by the party assessed or
that party's authorized agent having knowledge of the facts, the
assessment becomes final and the amount of the assessment is due and
payable from the party assessed to the treasurer of state. The
petition shall indicate the objections of the party assessed, but
additional objections may be raised in writing if received by the
commissioner prior to the date shown on the final determination. If
the petition has been properly filed, the commissioner shall proceed
under section 5703.60 of the Revised Code.

(C)
After an assessment becomes final, if any portion of the assessment,
including accrued interest, remains unpaid, a certified copy of the
tax commissioner's entry making the assessment final may be filed in
the office of the clerk of the court of common pleas in the county in
which the party assessed resides or in which the party's business is
conducted. If the party assessed maintains no place of business in
this state and is not a resident of this state, the certified copy of
the entry may be filed in the office of the clerk of the court of
common pleas of Franklin county.

Immediately
upon the filing of the entry, the clerk shall enter a judgment for
the state against the person assessed in the amount shown on the
entry. The judgment may be filed by the clerk in a loose-leaf book
entitled "special judgments for the distribution excise taxes,"
and shall have the same effect as other judgments. Execution shall
issue upon the judgment at the request of the tax commissioner, and
all laws applicable to sales on execution shall apply to sales made
under the judgment.

If
the assessment is not paid in its entirety within sixty days after
the day the assessment was issued, the portion of the assessment
consisting of tax due shall bear interest at the rate per annum
prescribed by section 5703.47 of the Revised Code from the day the
tax commissioner issues the assessment until the day the assessment
is paid or until it is certified to the attorney general for
collection under section 131.02 of the Revised Code, whichever comes
first. If the unpaid portion of the assessment is certified to the
attorney general for collection, the entire unpaid portion of the
assessment shall bear interest at the rate per annum prescribed by
section 5703.47 of the Revised Code from the date of certification
until the date it is paid in its entirety. Interest shall be paid in
the same manner as the tax and may be collected by the issuance of an
assessment under this section.

(D)
If the tax commissioner believes that collection of the tax imposed
by section 5727.81 or 5727.811 of the Revised Code will be
jeopardized unless proceedings to collect or secure collection of the
tax are instituted without delay, the commissioner may issue a
jeopardy assessment against the person liable for the tax.
Immediately upon the issuance of the jeopardy assessment, the
commissioner shall file an entry with the clerk of the court of
common pleas in the manner prescribed by division (C) of this
section. Notice of the jeopardy assessment shall be served on the
party assessed or the party's legal representative within five days
of the filing of the entry with the clerk. The total amount assessed
is immediately due and payable, unless the party assessed files a
petition for reassessment in accordance with division (B) of this
section and provides security in a form satisfactory to the
commissioner and in an amount sufficient to satisfy the unpaid
balance of the assessment. Full or partial payment of the assessment
does not prejudice the commissioner's consideration of the petition
for reassessment.

(E)
All money collected by the tax commissioner under this section shall
be paid to the treasurer of state, and when paid shall be considered
as revenue arising from the taxes imposed by sections 5727.81 and
5727.811 of the Revised Code.

Sec.
5728.10.
(A)
If any person required to file a fuel use tax return by sections
5728.01 to 5728.14 of the Revised Code, fails to file the return
within the time prescribed by those sections, files an incomplete
return, files an incorrect return, or fails to remit the full amount
of the tax due for the period covered by the return, the tax
commissioner may make an assessment against the person, based upon
any information in the commissioner's possession, for the period for
which the tax was due.

No
assessment shall be made against any person for any tax imposed by
this chapter more than four years after the return date for the
period for which the tax was due or more than four years after the
return for the period was filed, whichever is later. This section
does not bar an assessment against any person who fails to file a
fuel use tax return as required by this chapter, or who files a
fraudulent fuel use tax return.

A
penalty of up to fifteen per cent may be added to the amount of every
assessment made pursuant to this section. The commissioner may adopt
rules providing for the imposition and remission of penalties added
to assessments made under this section.

The
commissioner shall give the party assessed written notice of the
assessment in the manner provided in section 5703.37 of the Revised
Code. With the notice, the commissioner shall provide instructions on
how to petition for reassessment and request a hearing on the
petition.

(B)
Unless the party assessed files with the tax commissioner within
sixty days after service of the notice of assessment
,
either personally or by certified mail,

a written petition for reassessment, signed by the party assessed, or
by the party's authorized agent having knowledge of the facts, the
assessment becomes final and the amount of the assessment is due and
payable from the party assessed to the treasurer of state. The
petition shall indicate the objections of the party assessed, but
additional objections may be raised in writing if received by the
commissioner prior to the date shown on the final determination. If
the petition has been properly filed, the commissioner shall proceed
under section 5703.60 of the Revised Code.

(C)
After an assessment becomes final, if any portion of the assessment
remains unpaid, including accrued interest, a certified copy of the
tax commissioner's entry making the assessment final may be filed in
the office of the clerk of the court of common pleas in the county in
which the party's place of business is located or the county in which
the party assessed resides. If the party maintains no office in this
state and is not a resident of this state, the certified copy of the
entry may be filed in the office of the clerk of the court of common
pleas of Franklin county.

Immediately
upon the filing of the entry, the clerk shall enter a judgment for
the state of Ohio against the party assessed in the amount shown on
the entry. The judgment may be filed by the clerk in a loose-leaf
book entitled "special judgments for state fuel use tax,"
and shall have the same effect as other judgments. Execution shall
issue upon the judgment upon the request of the commissioner, and all
laws applicable to sales on execution shall apply to sales made under
the judgment.

If
the assessment is not paid within sixty days after the day the
assessment was issued, the portion of the assessment consisting of
tax due shall bear interest at the rate per annum prescribed by
section 5703.47 of the Revised Code from the day the commissioner
issues the assessment until it is paid or until it is certified to
the attorney general for collection under section 131.02 of the
Revised Code, whichever comes first. If the unpaid portion of the
assessment is certified to the attorney general for collection, the
entire unpaid portion of the assessment shall bear interest at the
rate per annum prescribed by section 5703.47 of the Revised Code from
the date of certification until the date it is paid in its entirety.
Interest shall be paid in the same manner as the tax and may be
collected by the issuance of an assessment under this section.

(D)
All money collected by the tax commissioner under this section shall
be paid into the state treasury in the same manner as the revenues
deriving from the taxes imposed by section 5728.06 of the Revised
Code.

Sec.
5729.10.
If
a company fails to pay the tax levied by section 5729.03 of the
Revised Code, or to make any partial payment thereof as required by
law after a statement thereof has been made and mailed to it, or if
the annual statement required by law to be made by it is false or
incorrect, the superintendent of insurance may revoke the license of
such company doing business in this state. Upon failure to pay the
tax or to make partial payment thereof according to law, the

superintendent

treasurer
of state
shall
certify that fact to the attorney general, who shall thereupon begin
an action against the company in the court of common pleas of
Franklin county, or any other county
he
the
attorney general

elects, to recover the amount of the tax. If such company ceases to
do business in this state, it shall thereupon make a report to the
superintendent of the gross amount of premiums not theretofore
reported as provided in section 5729.02 or 5729.04 of the Revised
Code received by it from policies covering risks within this state
prior to such discontinuance of business, after deducting return
premiums and considerations received for reinsurance not theretofore
so reported, and shall forthwith pay to the
superintendent

treasurer
of state
a
like per cent of tax thereon.

Sec.
5729.18.
There
is allowed a credit against the tax imposed by section 5729.03 of the
Revised Code for an insurance company subject to that tax that holds
the rights to a tax credit certificate issued under section 122.09 of
the Revised Code. The credit shall equal the dollar amount indicated
on the certificate

or
the ensuing calendar year
.
The credit shall be claimed in the calendar year specified in the
certificate and in the order required under section 5729.98 of the
Revised Code. If the credit exceeds the amount of tax otherwise due
in that year, the company may carry forward the excess for not more
than five ensuing years, but the amount of the excess credit claimed
against the tax for any year shall be deducted from the balance
carried forward to the next year.

No
credit shall be claimed under this section to the extent the
certificate was used to claim a credit under section 5725.35,
5726.62, or 5747.87 of the Revised Code.

Sec.
5729.21.
Terms
used in this section have the same meanings as in section 122.84 of
the Revised Code.

There
is allowed a
nonrefunable

nonrefundable

credit
against the tax imposed by section 5729.03 of the Revised Code for a
foreign insurance company that is issued, or to which is transferred,
a tax credit certificate under section 122.84 of the Revised Code.
The credit equals the amount stated on the certificate and may be
claimed for the calendar year that includes the investment period
that was the subject of the application for the certificate under
that section or for the ensuing calendar year.

For
a credit issued during the July application round each year, the
credit may also be claimed for the preceding calendar year. A
taxpayer applying a credit for the preceding calendar year shall file
an amended return or apply that amendment on the taxpayer's original
return, for that year.

The
credit authorized in this section shall be claimed in the order
required under section 5729.98 of the Revised Code. If the amount of
a credit exceeds the tax otherwise due under section 5729.03 of the
Revised Code after deducting all other credits preceding the credit
in that order, the excess may be carried forward for not more than
five ensuing calendar years. The amount of the excess credit claimed
in any such year shall be deducted from the balance carried forward
to the next calendar year.

No
credit shall be claimed under this section to the extent the credit
was claimed under section 5725.38, 5726.61, or 5747.86 of the Revised
Code.

A
foreign insurance company shall not be required to pay any additional
tax levied under section 5729.06 of the Revised Code as a result of
claiming the tax credit authorized by this section.

Sec.
5735.12.
(A)
Any person required by this chapter to file reports or pay the tax
levied by this chapter who fails to do so within the time prescribed
may be liable for an additional charge not exceeding the greater of
ten per cent of the person's tax liability for that month or fifty
dollars. The tax commissioner may remit all or a portion of the
additional charge and may adopt rules relating to the remission of
all or a portion of the charge.

If
any person required by this chapter to file reports or pay the taxes,
interest, or additional charge levied by this chapter fails to file
the report, files an incomplete or incorrect report, or fails to
remit the full amount of the tax, interest, or additional charge due
for the period covered by the report, the commissioner may make an
assessment against the person based upon any information in the
commissioner's possession.

No
assessment shall be made against any motor fuel dealer for taxes
imposed by this chapter more than four years after the date on which
the report on which the assessment was based was due or was filed,
whichever is later. This section does not bar an assessment against
any motor fuel dealer who fails to file a report required by section
5735.06 of the Revised Code, or who files a fraudulent motor fuel tax
report.

A
penalty of up to fifteen per cent may be added to the amount of every
assessment made under this section. The commissioner may adopt rules
providing for the imposition and remission of penalties added to
assessments made under this section.

The
commissioner shall give the party assessed written notice of the
assessment in the manner provided in section 5703.37 of the Revised
Code. With the notice, the commissioner shall provide instructions on
how to petition for reassessment and request a hearing on the
petition.

(B)
Unless the party assessed files with the tax commissioner within
sixty days after service of the notice of assessment
,
either personally or by certified mail,

a written petition for reassessment in writing, signed by the party
assessed or that party's authorized agent having knowledge of the
facts, the assessment becomes final and the amount of the assessment
is due and payable from the party assessed to the treasurer of state.
The petition shall indicate the objections of the party assessed, but
additional objections may be raised in writing if received by the
commissioner prior to the date shown on the final determination. If
the petition has been properly filed, the commissioner shall proceed
under section 5703.60 of the Revised Code.

(C)
After an assessment becomes final, if any portion of the assessment
remains unpaid, including accrued interest, a certified copy of the
tax commissioner's entry making the assessment final may be filed in
the office of the clerk of the court of common pleas in the county in
which the party assessed resides or in which the business of the
party assessed is conducted. If the party assessed maintains no place
of business in this state and is not a resident of this state, the
certified copy of the entry may be filed in the office of the clerk
of the court of common pleas of Franklin county.

Immediately
upon the filing of the entry, the clerk shall enter a judgment for
the state against the party assessed in the amount shown on the
entry. The judgment may be filed by the clerk in a loose-leaf book
entitled "special judgments for state motor fuel tax," and
shall have the same effect as other judgments. Execution shall issue
upon the judgment upon the request of the tax commissioner, and all
laws applicable to sales on execution shall apply to sales made under
the judgment.

If
the assessment is not paid in its entirety within sixty days after
the day the assessment was issued, the portion of the assessment
consisting of tax due shall bear interest at the rate per annum
prescribed by section 5703.47 of the Revised Code from the day the
commissioner issues the assessment until it is paid or until it is
certified to the attorney general for collection under section 131.02
of the Revised Code, whichever comes first. If the unpaid portion of
the assessment is certified to the attorney general for collection,
the entire unpaid portion of the assessment shall bear interest at
the rate per annum prescribed by section 5703.47 of the Revised Code
from the date of certification until the date it is paid in its
entirety. Interest shall be paid in the same manner as the tax and
may be collected by the issuance of an assessment under this section.

(D)
All money collected by the tax commissioner under this section shall
be paid to the treasurer of state, and when paid shall be considered
as revenue arising from the tax imposed by this chapter.

(E)
If the tax commissioner determines that the commissioner has
erroneously refunded motor fuel tax to any person, the commissioner
may make an assessment against the person for recovery of the
erroneously refunded tax.

Sec.
5736.09.
(A)
The tax commissioner may make an assessment, based on any information
in the commissioner's possession, against any person that fails to
file a return or pay any
tax

amounts

as
required by this chapter. The commissioner shall give the person
assessed written notice of the assessment as provided in section
5703.37 of the Revised Code. With the notice, the commissioner shall
provide instructions on the manner in which to petition for
reassessment and request a hearing with respect to the petition.

(B)
Unless the person assessed, within sixty days after service of the
notice of assessment, files with the commissioner
,
either personally or by certified mail,

a written petition signed by the person or the person's authorized
agent having knowledge of the facts, the assessment becomes final,
and the amount of the assessment is due and payable from the person
assessed to the treasurer of state. The petition shall indicate the
objections of the person assessed, but additional objections may be
raised in writing if received by the commissioner prior to the date
shown on the final determination.

If
a petition for reassessment has been properly filed, the commissioner
shall proceed under section 5703.60 of the Revised Code.

(C)(1)
After an assessment becomes final, if any portion of the assessment,
including accrued interest, remains unpaid, a certified copy of the
commissioner's entry making the assessment final may be filed in the
office of the clerk of the court of common pleas in the county in
which the person resides or has its principal place of business in
this state, or in the office of the clerk of court of common pleas of
Franklin county.

(2)
Immediately upon the filing of the entry, the clerk shall enter
judgment for the state against the person assessed in the amount
shown on the entry. The judgment may be filed by the clerk in a
loose-leaf book entitled, "special judgments for the petroleum
activity tax" and shall have the same effect as other judgments.
Execution shall issue upon the judgment at the request of the
commissioner, and all laws applicable to sales on execution shall
apply to sales made under the judgment.

(3)
If the assessment is not paid in its entirety within sixty days after
the day the assessment was issued, the portion of the assessment
consisting of tax due shall bear interest at the rate per annum
prescribed by section 5703.47 of the Revised Code from the day the
commissioner issues the assessment until it is paid or until it is
certified to the attorney general for collection under section 131.02
of the Revised Code, whichever comes first. If the unpaid portion of
the assessment is certified to the attorney general for collection,
the entire unpaid portion of the assessment shall bear interest at
the rate per annum prescribed by section 5703.47 of the Revised Code
from the date of certification until the date it is paid in its
entirety. Interest shall be paid in the same manner as the tax and
may be collected by the issuance of an assessment under this section.

(D)
If the commissioner believes that collection of the tax will be
jeopardized unless proceedings to collect or secure collection of the
tax are instituted without delay, the commissioner may issue a
jeopardy assessment against the person liable for the tax.
Immediately upon the issuance of the jeopardy assessment, the
commissioner shall file an entry with the clerk of the court of
common pleas in the manner prescribed by division (C) of this
section. Notice of the jeopardy assessment shall be served on the
person assessed or the person's authorized agent in the manner
provided in section 5703.37 of the Revised Code within five days of
the filing of the entry with the clerk. The total amount assessed is
immediately due and payable, unless the person assessed files a
petition for reassessment in accordance with division (B) of this
section and provides security in a form satisfactory to the
commissioner and in an amount sufficient to satisfy the unpaid
balance of the assessment. Full or partial payment of the assessment
does not prejudice the commissioner's consideration of the petition
for reassessment.

(E)
The commissioner shall immediately forward to the treasurer of state
all amounts the commissioner receives under this section, and such
amounts shall be considered as revenue arising from the tax imposed
under this chapter.

(F)
Except as otherwise provided in this division, no assessment shall be
made or issued against a taxpayer for
the
tax
amounts

imposed
under this chapter more than four years after the due date for the
filing of the return

or
application

for the tax period for which the
tax

amount

was
reported, or more than four years after the return
or
application
for
the tax period was filed, whichever is later. The time limit may be
extended if both the taxpayer and the commissioner consent in writing
to the extension or enter into an agreement waiving or extending the
time limit. Any such extension shall extend the four-year time limit
in division (A) of section 5736.08 of the Revised Code for the same
period of time. Nothing in this division bars an assessment against a
taxpayer that fails to file a return required by this chapter or that
files a fraudulent return.

(G)
If the commissioner possesses information that indicates that the
amount of tax a taxpayer is required to pay under this chapter
exceeds the amount the taxpayer paid, the commissioner may audit a
sample of the taxpayer's calculated gross receipts over a
representative period of time to ascertain the amount of tax due, and
may issue an assessment based on the audit. The commissioner shall
make a good faith effort to reach agreement with the taxpayer in
selecting a representative sample. The commissioner may apply a
sampling method only if the commissioner has prescribed the method by
rule.

(H)
If the whereabouts of a person subject to this chapter is not known
to the commissioner, the commissioner shall follow the procedures
under section 5703.37 of the Revised Code.

Sec.
5739.01.
As
used in this chapter:

(A)
"Person" includes individuals, receivers, assignees,
trustees in bankruptcy, estates, firms, partnerships, associations,
joint-stock companies, joint ventures, clubs, societies,
corporations, the state and its political subdivisions, and
combinations of individuals of any form.

(B)
"Sale" and "selling" include all of the following
transactions for a consideration in any manner, whether absolutely or
conditionally, whether for a price or rental, in money or by
exchange, and by any means whatsoever:

(1)
All transactions by which title or possession, or both, of tangible
personal property, is or is to be transferred, or a license to use or
consume tangible personal property is or is to be granted;

(2)
All transactions by which lodging by a hotel is or is to be furnished
to transient guests;

(3)
All transactions by which:

(a)
An item of tangible personal property is or is to be repaired, except
property, the purchase of which would not be subject to the tax
imposed by section 5739.02 of the Revised Code;

(b)
An item of tangible personal property is or is to be installed,
except property, the purchase of which would not be subject to the
tax imposed by section 5739.02 of the Revised Code or property that
is or is to be incorporated into and will become a part of a
production, transmission, transportation, or distribution system for
the delivery of a public utility service;

(c)
The service of washing, cleaning, waxing, polishing, or painting a
motor vehicle is or is to be furnished;

(d)
Laundry and dry cleaning services are or are to be provided;

(e)
Automatic data processing, computer services, or electronic
information services are or are to be provided for use in business
when the true object of the transaction is the receipt by the
consumer of automatic data processing, computer services, or
electronic information services rather than the receipt of personal
or professional services to which automatic data processing, computer
services, or electronic information services are incidental or
supplemental. Notwithstanding any other provision of this chapter,
such transactions that occur between members of an affiliated group
are not sales. An "affiliated group" means two or more
persons related in such a way that one person owns or controls the
business operation of another member of the group. In the case of
corporations with stock, one corporation owns or controls another if
it owns more than fifty per cent of the other corporation's common
stock with voting rights.

(f)
Telecommunications service, including prepaid calling service,
prepaid wireless calling service, or ancillary service, is or is to
be provided, but not including coin-operated telephone service;

(g)
Landscaping and lawn care service is or is to be provided;

(h)
Private investigation and security service is or is to be provided;

(i)
Information services or tangible personal property is provided or
ordered by means of a nine hundred telephone call;

(j)
Building maintenance and janitorial service is or is to be provided;

(k)
Exterminating service is or is to be provided;

(l)
Physical fitness facility service is or is to be provided;

(m)
Recreation and sports club service is or is to be provided;

(n)
Satellite broadcasting service is or is to be provided;

(o)
Personal care service is or is to be provided to an individual. As
used in this division, "personal care service" includes
skin care, the application of cosmetics, manicuring, pedicuring, hair
removal, tattooing, body piercing, tanning, massage, and other
similar services. "Personal care service" does not include
a service provided by or on the order of a licensed physician,
certified nurse-midwife, clinical nurse specialist, certified nurse
practitioner, or chiropractor, or the cutting, coloring, or styling
of an individual's hair.

(p)
The transportation of persons by motor vehicle or aircraft is or is
to be provided, when the transportation is entirely within this
state, except for transportation provided by an ambulance service, by
a transit bus, as defined in section 5735.01 of the Revised Code, and
transportation provided by a citizen of the United States holding a
certificate of public convenience and necessity issued under 49
U.S.C. 41102;

(q)
Motor vehicle towing service is or is to be provided. As used in this
division, "motor vehicle towing service" means the towing
or conveyance of a wrecked, disabled, or illegally parked motor
vehicle.

(r)
Snow removal service is or is to be provided. As used in this
division, "snow removal service" means the removal of snow
by any mechanized means, but does not include the providing of such
service by a person that has less than five thousand dollars in sales
of such service during the calendar year.

(s)
Electronic publishing service is or is to be provided to a consumer
for use in business, except that such transactions occurring between
members of an affiliated group, as defined in division (B)(3)(e) of
this section, are not sales.

(4)
All transactions by which printed, imprinted, overprinted,
lithographic, multilithic, blueprinted, photostatic, or other
productions or reproductions of written or graphic matter are or are
to be furnished or transferred;

(5)
The production or fabrication of tangible personal property for a
consideration for consumers who furnish either directly or indirectly
the materials used in the production of fabrication work; and include
the furnishing, preparing, or serving for a consideration of any
tangible personal property consumed on the premises of the person
furnishing, preparing, or serving such tangible personal property.
Except as provided in section 5739.03 of the Revised Code, a
construction contract pursuant to which tangible personal property is
or is to be incorporated into a structure or improvement on and
becoming a part of real property is not a sale of such tangible
personal property. The construction contractor is the consumer of
such tangible personal property, provided that the sale and
installation of carpeting, the sale and installation of agricultural
land tile, the sale and erection or installation of portable grain
bins, or the provision of landscaping and lawn care service and the
transfer of property as part of such service is never a construction
contract.

As
used in division (B)(5) of this section:

(a)
"Agricultural land tile" means fired clay or concrete tile,
or flexible or rigid perforated plastic pipe or tubing, incorporated
or to be incorporated into a subsurface drainage system appurtenant
to land used or to be used primarily in production by farming,
agriculture, horticulture, or floriculture. The term does not include
such materials when they are or are to be incorporated into a
drainage system appurtenant to a building or structure even if the
building or structure is used or to be used in such production.

(b)
"Portable grain bin" means a structure that is used or to
be used by a person engaged in farming or agriculture to shelter the
person's grain and that is designed to be disassembled without
significant damage to its component parts.

(6)
All transactions in which all of the shares of stock of a closely
held corporation are transferred, or an ownership interest in a
pass-through entity, as defined in section 5733.04 of the Revised
Code, is transferred, if the corporation or pass-through entity is
not engaging in business and its entire assets consist of boats,
planes, motor vehicles, or other tangible personal property operated
primarily for the use and enjoyment of the shareholders or owners;

(7)
All transactions in which a warranty, maintenance or service
contract, or similar agreement by which the vendor of the warranty,
contract, or agreement agrees to repair or maintain the tangible
personal property of the consumer is or is to be provided;

(8)
The transfer of copyrighted motion picture films

used
solely for advertising purposes, except that the transfer of such
films for exhibition purposes is not a sale
;

(9)
All transactions by which tangible personal property is or is to be
stored, except such property that the consumer of the storage holds
for sale in the regular course of business;

(10)
All transactions in which "guaranteed auto protection" is
provided whereby a person promises to pay to the consumer the
difference between the amount the consumer receives from motor
vehicle insurance and the amount the consumer owes to a person
holding title to or a lien on the consumer's motor vehicle in the
event the consumer's motor vehicle suffers a total loss under the
terms of the motor vehicle insurance policy or is stolen and not
recovered, if the protection and its price are included in the
purchase or lease agreement;

(11)(a)
Except as provided in division (B)(11)(b) of this section, all
transactions by which health care services are paid for, reimbursed,
provided, delivered, arranged for, or otherwise made available by a
medicaid health insuring corporation pursuant to the corporation's
contract with the state.

(b)
If the centers for medicare and medicaid services of the United
States department of health and human services determines that the
taxation of transactions described in division (B)(11)(a) of this
section constitutes an impermissible health care-related tax under
the "Social Security Act," section 1903(w), 42 U.S.C.
1396b(w), and regulations adopted thereunder, the medicaid director
shall notify the tax commissioner of that determination. Beginning
with the first day of the month following that notification, the
transactions described in division (B)(11)(a) of this section are not
sales for the purposes of this chapter or Chapter 5741. of the
Revised Code. The tax commissioner shall order that the collection of
taxes under sections 5739.02, 5739.021, 5739.023, 5739.026, 5741.02,
5741.021, 5741.022, and 5741.023 of the Revised Code shall cease for
transactions occurring on or after that date.

(12)
All transactions by which a specified digital product is provided for
permanent use or less than permanent use, regardless of whether
continued payment is required.

(13)
All transactions by a delivery network company for the company's
delivery network services, provided the company has a waiver issued
under section 5741.072 of the Revised Code.

Except
as provided in this section, "sale" and "selling"
do not include transfers of interest in leased property where the
original lessee and the terms of the original lease agreement remain
unchanged, or professional, insurance, or personal service
transactions that involve the transfer of tangible personal property
as an inconsequential element, for which no separate charges are
made.

(C)
"Vendor" means the person providing the service or by whom
the transfer effected or license given by a sale is or is to be made
or given and, for sales described in division (B)(3)(i) of this
section, the telecommunications service vendor that provides the nine
hundred telephone service; if two or more persons are engaged in
business at the same place of business under a single trade name in
which all collections on account of sales by each are made, such
persons shall constitute a single vendor.

Physicians,
certified nurse-midwives, clinical nurse specialists, certified nurse
practitioners, dentists, hospitals, and veterinarians who are engaged
in selling tangible personal property as received from others, such
as eyeglasses, mouthwashes, dentifrices, or similar articles, are
vendors. Veterinarians who are engaged in transferring to others for
a consideration drugs, the dispensing of which does not require an
order of a licensed veterinarian, physician, certified nurse-midwife,
clinical nurse specialist, or certified nurse practitioner under
federal law, are vendors.

The
operator of any peer-to-peer car sharing program shall be considered
to be the vendor.

(D)(1)
"Consumer" means the person for whom the service is
provided, to whom the transfer effected or license given by a sale is
or is to be made or given, to whom the service described in division
(B)(3)(f) or (i) of this section is charged, or to whom the admission
is granted.

(2)
Physicians, certified nurse-midwives, clinical nurse specialists,
certified nurse practitioners, dentists, hospitals, and blood banks
operated by nonprofit institutions and persons licensed to practice
veterinary medicine, surgery, and dentistry are consumers of all
tangible personal property and services purchased by them in
connection with the practice of medicine, dentistry, the rendition of
hospital or blood bank service, or the practice of veterinary
medicine, surgery, and dentistry. In addition to being consumers of
drugs administered by them or by their assistants according to their
direction, veterinarians also are consumers of drugs that under
federal law may be dispensed only by or upon the order of a licensed
veterinarian, physician, certified nurse-midwife, clinical nurse
specialist, or certified nurse practitioner, when transferred by them
to others for a consideration to provide treatment to animals as
directed by the veterinarian.

(3)
A person who performs a facility management, or similar service
contract for a contractee is a consumer of all tangible personal
property and services purchased for use in connection with the
performance of such contract, regardless of whether title to any such
property vests in the contractee. The purchase of such property and
services is not subject to the exception for resale under division
(E) of this section.

(4)(a)
In the case of a person who purchases printed matter for the purpose
of distributing it or having it distributed to the public or to a
designated segment of the public, free of charge, that person is the
consumer of that printed matter, and the purchase of that printed
matter for that purpose is a sale.

(b)
In the case of a person who produces, rather than purchases, printed
matter for the purpose of distributing it or having it distributed to
the public or to a designated segment of the public, free of charge,
that person is the consumer of all tangible personal property and
services purchased for use or consumption in the production of that
printed matter.
That
person is not entitled to claim exemption under division (B)(42)(f)
of section 5739.02 of the Revised Code for any material incorporated
into the printed matter or any equipment, supplies, or services
primarily used to produce the printed matter.

(c)
The distribution of printed matter to the public or to a designated
segment of the public, free of charge, is not a sale to the members
of the public to whom the printed matter is distributed or to any
persons who purchase space in the printed matter for advertising or
other purposes.

(5)
A person who makes sales of any of the services listed in division
(B)(3) of this section is the consumer of any tangible personal
property used in performing the service. The purchase of that
property is not subject to the resale exception under division (E) of
this section.

(6)
A person who engages in highway transportation for hire is the
consumer of all packaging materials purchased by that person and used
in performing the service, except for packaging materials sold by
such person in a transaction separate from the service.

(7)
In the case of a transaction for health care services under division
(B)(11) of this section, a medicaid health insuring corporation is
the consumer of such services. The purchase of such services by a
medicaid health insuring corporation is not subject to the exception
for resale under division (E) of this section or to the exemptions
provided under divisions (B)(12), (18), (19), and (22) of section
5739.02 of the Revised Code.

(E)
"Retail sale" and "sales at retail" include all
sales, except those in which the purpose of the consumer is to resell
the thing transferred or benefit of the service provided, by a person
engaging in business, in the form in which the same is, or is to be,
received by the person.

(F)
"Business" includes any activity engaged in by any person
with the object of gain, benefit, or advantage, either direct or
indirect. "Business" does not include the activity of a
person in managing and investing the person's own funds.

(G)
"Engaging in business" means commencing, conducting, or
continuing in business, and liquidating a business when the
liquidator thereof holds itself out to the public as conducting such
business. Making a casual sale is not engaging in business.

(H)(1)(a)
"Price," except as provided in divisions (H)(2), (3), and
(4) of this section, means the total amount of consideration,
including cash, credit, property, and services, for which tangible
personal property or services are sold, leased, or rented, valued in
money, whether received in money or otherwise, without any deduction
for any of the following:

(i)
The vendor's cost of the property sold;

(ii)
The cost of materials used, labor or service costs, interest, losses,
all costs of transportation to the vendor, all taxes imposed on the
vendor, including the tax imposed under Chapter 5751. of the Revised
Code, and any other expense of the vendor;

(iii)
Charges by the vendor for any services necessary to complete the
sale;

(iv)
Delivery charges. As used in this division, "delivery charges"
means charges by the vendor for preparation and delivery to a
location designated by the consumer of tangible personal property or
a service, including transportation, shipping, postage, handling,
crating, and packing.

(v)
Installation charges;

(vi)
Credit for any trade-in.

(b)
"Price" includes consideration received by the vendor from
a third party, if the vendor actually receives the consideration from
a party other than the consumer, and the consideration is directly
related to a price reduction or discount on the sale; the vendor has
an obligation to pass the price reduction or discount through to the
consumer; the amount of the consideration attributable to the sale is
fixed and determinable by the vendor at the time of the sale of the
item to the consumer; and one of the following criteria is met:

(i)
The consumer presents a coupon, certificate, or other document to the
vendor to claim a price reduction or discount where the coupon,
certificate, or document is authorized, distributed, or granted by a
third party with the understanding that the third party will
reimburse any vendor to whom the coupon, certificate, or document is
presented;

(ii)
The consumer identifies the consumer's self to the seller as a member
of a group or organization entitled to a price reduction or discount.
A preferred customer card that is available to any patron does not
constitute membership in such a group or organization.

(iii)
The price reduction or discount is identified as a third party price
reduction or discount on the invoice received by the consumer, or on
a coupon, certificate, or other document presented by the consumer.

(c)
"Price" does not include any of the following:

(i)
Discounts, including cash, term, or coupons that are not reimbursed
by a third party that are allowed by a vendor and taken by a consumer
on a sale;

(ii)
Interest, financing, and carrying charges from credit extended on the
sale of tangible personal property or services, if the amount is
separately stated on the invoice, bill of sale, or similar document
given to the purchaser;

(iii)
Any taxes legally imposed directly on the consumer that are
separately stated on the invoice, bill of sale, or similar document
given to the consumer. For the purpose of this division, the tax
imposed under Chapter 5751. of the Revised Code is not a tax directly
on the consumer, even if the tax or a portion thereof is separately
stated.

(iv)
Notwithstanding divisions (H)(1)(b)(i) to (iii) of this section, any
discount allowed by an automobile manufacturer to its employee, or to
the employee of a supplier, on the purchase of a new motor vehicle
from a new motor vehicle dealer in this state.

(v)
The dollar value of a gift card that is not sold by a vendor or
purchased by a consumer and that is redeemed by the consumer in
purchasing tangible personal property or services if the vendor is
not reimbursed and does not receive compensation from a third party
to cover all or part of the gift card value. For the purposes of this
division, a gift card is not sold by a vendor or purchased by a
consumer if it is distributed pursuant to an awards, loyalty, or
promotional program. Past and present purchases of tangible personal
property or services by the consumer shall not be treated as
consideration exchanged for a gift card.

(2)
In the case of a sale of any new motor vehicle by a new motor vehicle
dealer, as defined in section 4517.01 of the Revised Code, in which
another motor vehicle is accepted by the dealer as part of the
consideration received, "price" has the same meaning as in
division (H)(1) of this section, reduced by the credit afforded the
consumer by the dealer for the motor vehicle received in trade.

(3)
In the case of a sale of any watercraft or outboard motor by a
watercraft dealer licensed in accordance with section 1547.543 of the
Revised Code, in which another watercraft, watercraft and trailer, or
outboard motor is accepted by the dealer as part of the consideration
received, "price" has the same meaning as in division
(H)(1) of this section, reduced by the credit afforded the consumer
by the dealer for the watercraft, watercraft and trailer, or outboard
motor received in trade. As used in this division, "watercraft"
includes an outdrive unit attached to the watercraft.

(4)
In the case of transactions for health care services under division
(B)(11) of this section, "price" means the amount of
managed care premiums received each month by a medicaid health
insuring corporation.

(I)
"Receipts" means the total amount of the prices of the
sales of vendors, provided that the dollar value of gift cards
distributed pursuant to an awards, loyalty, or promotional program,
and cash discounts allowed and taken on sales at the time they are
consummated are not included, minus any amount deducted as a bad debt
pursuant to section 5739.121 of the Revised Code. "Receipts"
does not include the sale price of property returned or services
rejected by consumers when the full sale price and tax are refunded
either in cash or by credit.

(J)
"Place of business" means any location at which a person
engages in business.

(K)
"Premises" includes any real property or portion thereof
upon which any person engages in selling tangible personal property
at retail or making retail sales and also includes any real property
or portion thereof designated for, or devoted to, use in conjunction
with the business engaged in by such person.

(L)
"Casual sale" means a sale of an item of tangible personal
property
,
in person or online,

that was obtained by the person making the sale, through purchase or
otherwise, for the person's own use and was previously subject to any
state's taxing jurisdiction on its sale or use, and includes such
items acquired for the seller's use that are sold by an auctioneer
employed directly by the person for such purpose, provided the
location of such sales is not the auctioneer's
physical

permanent
place of business. As used in this division, "permanent place of
business" includes any

physical

location where such auctioneer has conducted more than two auctions
during the year.

(M)
"Hotel" means every establishment kept, used, maintained,
advertised, or held out to the public to be a place where sleeping
accommodations are offered to guests, in which five or more rooms are
used for the accommodation of such guests, whether the rooms are in
one or several structures, except as otherwise provided in section
5739.091 of the Revised Code.

(N)
"Transient guests" means persons occupying a room or rooms
for sleeping accommodations for less than thirty consecutive days.

(O)
"Making retail sales" means the effecting of transactions
wherein one party is obligated to pay the price and the other party
is obligated to provide a service or to transfer title to or
possession of the item sold. "Making retail sales" does not
include the preliminary acts of promoting or soliciting the retail
sales, other than the distribution of printed matter which displays
or describes and prices the item offered for sale, nor does it
include delivery of a predetermined quantity of tangible personal
property or transportation of property or personnel to or from a
place where a service is performed.

(P)
"Used directly in the rendition of a public utility service"
means that property that is to be incorporated into and will become a
part of the consumer's production, transmission, transportation, or
distribution system and that retains its classification as tangible
personal property after such incorporation; fuel or power used in the
production, transmission, transportation, or distribution system; and
tangible personal property used in the repair and maintenance of the
production, transmission, transportation, or distribution system,
including only such motor vehicles as are specially designed and
equipped for such use. Tangible personal property and services used
primarily in providing highway transportation for hire are not used
directly in the rendition of a public utility service. In this
definition, "public utility" includes a citizen of the
United States holding, and required to hold, a certificate of public
convenience and necessity issued under 49 U.S.C. 41102.

(Q)
"Refining" means removing or separating a desirable product
from raw or contaminated materials by distillation or physical,
mechanical, or chemical processes.

(R)
"Assembly" and "assembling" mean attaching or
fitting together parts to form a product, but do not include
packaging a product.

(S)
"Manufacturing operation" means a process in which
materials are changed, converted, or transformed into a different
state or form from which they previously existed and includes
refining materials, assembling parts, and preparing raw materials and
parts by mixing, measuring, blending, or otherwise committing such
materials or parts to the manufacturing process. "Manufacturing
operation" does not include packaging.

(T)
"Fiscal officer" means, with respect to a regional transit
authority, the secretary-treasurer thereof, and with respect to a
county that is a transit authority, the fiscal officer of the county
transit board if one is appointed pursuant to section 306.03 of the
Revised Code or the county auditor if the board of county
commissioners operates the county transit system.

(U)
"Transit authority" means a regional transit authority
created pursuant to section 306.31 of the Revised Code or a county in
which a county transit system is created pursuant to section 306.01
of the Revised Code. For the purposes of this chapter, a transit
authority must extend to at least the entire area of a single county.
A transit authority that includes territory in more than one county
must include all the area of the most populous county that is a part
of such transit authority. County population shall be measured by the
most recent census taken by the United States census bureau.

(V)
"Legislative authority" means, with respect to a regional
transit authority, the board of trustees thereof, and with respect to
a county that is a transit authority, the board of county
commissioners.

(W)
"Territory of the transit authority" means all of the area
included within the territorial boundaries of a transit authority as
they from time to time exist. Such territorial boundaries must at all
times include all the area of a single county or all the area of the
most populous county that is a part of such transit authority. County
population shall be measured by the most recent census taken by the
United States census bureau.

(X)
"Providing a service" means providing or furnishing
anything described in division (B)(3) of this section for
consideration.

(Y)(1)(a)
"Automatic data processing" means processing of others'
data, including keypunching or similar data entry services together
with verification thereof, or providing access to computer equipment
for the purpose of processing data.

(b)
"Computer services" means providing services consisting of
specifying computer hardware configurations and evaluating technical
processing characteristics, computer programming, and training of
computer programmers and operators, provided in conjunction with and
to support the sale, lease, or operation of taxable computer
equipment or systems.

(c)
"Electronic information services" means providing access to
computer equipment by means of telecommunications equipment for the
purpose of either of the following:

(i)
Examining or acquiring data stored in or accessible to the computer
equipment;

(ii)
Placing data into the computer equipment to be retrieved by
designated recipients with access to the computer equipment.

"Electronic
information services" does not include electronic publishing.

(d)
"Automatic data processing, computer services, or electronic
information services" shall not include personal or professional
services.

(2)
As used in divisions (B)(3)(e) and (Y)(1) of this section, "personal
and professional services" means all services other than
automatic data processing, computer services, or electronic
information services, including but not limited to:

(a)
Accounting and legal services such as advice on tax matters, asset
management, budgetary matters, quality control, information security,
and auditing and any other situation where the service provider
receives data or information and studies, alters, analyzes,
interprets, or adjusts such material;

(b)
Analyzing business policies and procedures;

(c)
Identifying management information needs;

(d)
Feasibility studies, including economic and technical analysis of
existing or potential computer hardware or software needs and
alternatives;

(e)
Designing policies, procedures, and custom software for collecting
business information, and determining how data should be summarized,
sequenced, formatted, processed, controlled, and reported so that it
will be meaningful to management;

(f)
Developing policies and procedures that document how business events
and transactions are to be authorized, executed, and controlled;

(g)
Testing of business procedures;

(h)
Training personnel in business procedure applications;

(i)
Providing credit information to users of such information by a
consumer reporting agency, as defined in the "Fair Credit
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f),
or as hereafter amended, including but not limited to gathering,
organizing, analyzing, recording, and furnishing such information by
any oral, written, graphic, or electronic medium;

(j)
Providing debt collection services by any oral, written, graphic, or
electronic means;

(k)
Providing digital advertising services;

(l)
Providing services to electronically file any federal, state, or
local individual income tax return, report, or other related document
or schedule with a federal, state, or local government entity or to
electronically remit a payment of any such individual income tax to
such an entity. For the purpose of this division, "individual
income tax" does not include federal, state, or local taxes
withheld by an employer from an employee's compensation.

The
services listed in divisions (Y)(2)(a) to (l) of this section are not
automatic data processing or computer services.

(Z)
"Highway transportation for hire" means the transportation
of personal property belonging to others for consideration by any of
the following:

(1)
The holder of a permit or certificate issued by this state or the
United States authorizing the holder to engage in transportation of
personal property belonging to others for consideration over or on
highways, roadways, streets, or any similar public thoroughfare;

(2)
A person who engages in the transportation of personal property
belonging to others for consideration over or on highways, roadways,
streets, or any similar public thoroughfare but who could not have
engaged in such transportation on December 11, 1985, unless the
person was the holder of a permit or certificate of the types
described in division (Z)(1) of this section;

(3)
A person who leases a motor vehicle to and operates it for a person
described by division (Z)(1) or (2) of this section.

"Highway
transportation for hire" does not include delivery network
services.

(AA)(1)
"Telecommunications service" means the electronic
transmission, conveyance, or routing of voice, data, audio, video, or
any other information or signals to a point, or between or among
points. "Telecommunications service" includes such
transmission, conveyance, or routing in which computer processing
applications are used to act on the form, code, or protocol of the
content for purposes of transmission, conveyance, or routing without
regard to whether the service is referred to as voice-over internet
protocol service or is classified by the federal communications
commission as enhanced or value-added. "Telecommunications
service" does not include any of the following:

(a)
Data processing and information services that allow data to be
generated, acquired, stored, processed, or retrieved and delivered by
an electronic transmission to a consumer where the consumer's primary
purpose for the underlying transaction is the processed data or
information;

(b)
Installation or maintenance of wiring or equipment on a customer's
premises;

(c)
Tangible personal property;

(d)
Advertising, including directory advertising;

(e)
Billing and collection services provided to third parties;

(f)
Internet access service;

(g)
Radio and television audio and video programming services, regardless
of the medium, including the furnishing of transmission, conveyance,
and routing of such services by the programming service provider.
Radio and television audio and video programming services include,
but are not limited to, cable service, as defined in 47 U.S.C.
522(6), and audio and video programming services delivered by
commercial mobile radio service providers, as defined in 47 C.F.R.
20.3;

(h)
Ancillary service;

(i)
Digital products delivered electronically, including software, music,
video, reading materials, or ring tones.

(2)
"Ancillary service" means a service that is associated with
or incidental to the provision of telecommunications service,
including conference bridging service, detailed telecommunications
billing service, directory assistance, vertical service, and voice
mail service. As used in this division:

(a)
"Conference bridging service" means an ancillary service
that links two or more participants of an audio or video conference
call, including providing a telephone number. "Conference
bridging service" does not include telecommunications services
used to reach the conference bridge.

(b)
"Detailed telecommunications billing service" means an
ancillary service of separately stating information pertaining to
individual calls on a customer's billing statement.

(c)
"Directory assistance" means an ancillary service of
providing telephone number or address information.

(d)
"Vertical service" means an ancillary service that is
offered in connection with one or more telecommunications services,
which offers advanced calling features that allow customers to
identify callers and manage multiple calls and call connections,
including conference bridging service.

(e)
"Voice mail service" means an ancillary service that
enables the customer to store, send, or receive recorded messages.
"Voice mail service" does not include any vertical services
that the customer may be required to have in order to utilize the
voice mail service.

(3)
"900 service" means an inbound toll telecommunications
service purchased by a subscriber that allows the subscriber's
customers to call in to the subscriber's prerecorded announcement or
live service, and which is typically marketed under the name "900
service" and any subsequent numbers designated by the federal
communications commission. "900 service" does not include
the charge for collection services provided by the seller of the
telecommunications service to the subscriber, or services or products
sold by the subscriber to the subscriber's customer.

(4)
"Prepaid calling service" means the right to access
exclusively telecommunications services, which must be paid for in
advance and which enables the origination of calls using an access
number or authorization code, whether manually or electronically
dialed, and that is sold in predetermined units or dollars of which
the number declines with use in a known amount.

(5)
"Prepaid wireless calling service" means a
telecommunications service that provides the right to utilize mobile
telecommunications service as well as other non-telecommunications
services, including the download of digital products delivered
electronically, and content and ancillary services, that must be paid
for in advance and that is sold in predetermined units or dollars of
which the number declines with use in a known amount.

(6)
"Value-added non-voice data service" means a
telecommunications service in which computer processing applications
are used to act on the form, content, code, or protocol of the
information or data primarily for a purpose other than transmission,
conveyance, or routing.

(7)
"Coin-operated telephone service" means a
telecommunications service paid for by inserting money into a
telephone accepting direct deposits of money to operate.

(8)
"Customer" has the same meaning as in section 5739.034 of
the Revised Code.

(BB)
"Laundry and dry cleaning services" means removing soil or
dirt from towels, linens, articles of clothing, or other fabric items
that belong to others and supplying towels, linens, articles of
clothing, or other fabric items. "Laundry and dry cleaning
services" does not include the provision of self-service
facilities for use by consumers to remove soil or dirt from towels,
linens, articles of clothing, or other fabric items.

(CC)
"Magazines distributed as controlled circulation publications"
means magazines containing at least twenty-four pages, at least
twenty-five per cent editorial content, issued at regular intervals
four or more times a year, and circulated without charge to the
recipient, provided that such magazines are not owned or controlled
by individuals or business concerns which conduct such publications
as an auxiliary to, and essentially for the advancement of the main
business or calling of, those who own or control them.

(DD)
"Landscaping and lawn care service" means the services of
planting, seeding, sodding, removing, cutting, trimming, pruning,
mulching, aerating, applying chemicals, watering, fertilizing, and
providing similar services to establish, promote, or control the
growth of trees, shrubs, flowers, grass, ground cover, and other
flora, or otherwise maintaining a lawn or landscape grown or
maintained by the owner for ornamentation or other nonagricultural
purpose. However, "landscaping and lawn care service" does
not include the providing of such services by a person who has less
than five thousand dollars in sales of such services during the
calendar year.

(EE)
"Private investigation and security service" means the
performance of any activity for which the provider of such service is
required to be licensed pursuant to Chapter 4749. of the Revised
Code, or would be required to be so licensed in performing such
services in this state, and also includes the services of conducting
polygraph examinations and of monitoring or overseeing the activities
on or in, or the condition of, the consumer's home, business, or
other facility by means of electronic or similar monitoring devices.
"Private investigation and security service" does not
include special duty services provided by off-duty police officers,
deputy sheriffs, and other peace officers regularly employed by the
state or a political subdivision.

(FF)
"Information services" means providing conversation, giving
consultation or advice, playing or making a voice or other recording,
making or keeping a record of the number of callers, and any other
service provided to a consumer by means of a nine hundred telephone
call, except when the nine hundred telephone call is the means by
which the consumer makes a contribution to a recognized charity.

(GG)
"Research and development" means designing, creating, or
formulating new or enhanced products, equipment, or manufacturing
processes, and also means conducting scientific or technological
inquiry and experimentation in the physical sciences with the goal of
increasing scientific knowledge which may reveal the bases for new or
enhanced products, equipment, or manufacturing processes.

(HH)
"Qualified research and development equipment" means either
of the following:

(1)
Capitalized tangible personal property, and leased personal property
that would be capitalized if purchased, used by a person primarily to
perform research and development;

(2)
Any tangible personal property used by a megaproject operator
primarily to perform research and development at the site of a
megaproject that satisfies the criteria described in division
(A)(11)(a)(ii) of section 122.17 of the Revised Code during the
period that the megaproject operator has an agreement for such
megaproject with the tax credit authority under division (D) of that
section that remains in effect and has not expired or been
terminated.

"Qualified
research and development equipment" does not include tangible
personal property primarily used in testing, as defined in division
(A)(4) of section 5739.011 of the Revised Code, or used for recording
or storing test results, unless such property is primarily used by
the consumer in testing the product, equipment, or manufacturing
process being created, designed, or formulated by the consumer in the
research and development activity or in recording or storing such
test results.

(II)
"Building maintenance and janitorial service" means
cleaning the interior or exterior of a building and any tangible
personal property located therein or thereon, including any services
incidental to such cleaning for which no separate charge is made.
However, "building maintenance and janitorial service" does
not include the providing of such service by a person who has less
than five thousand dollars in sales of such service during the
calendar year. As used in this division, "cleaning" does
not include sanitation services necessary for an establishment
described in 21 U.S.C. 608 to comply with rules and regulations
adopted pursuant to that section.

(JJ)
"Exterminating service" means eradicating or attempting to
eradicate vermin infestations from a building or structure, or the
area surrounding a building or structure, and includes activities to
inspect, detect, or prevent vermin infestation of a building or
structure.

(KK)
"Physical fitness facility service" means all transactions
by which a membership is granted, maintained, or renewed, including
initiation fees, membership dues, renewal fees, monthly minimum fees,
and other similar fees and dues, by a physical fitness facility such
as an athletic club, health spa, or gymnasium, which entitles the
member to use the facility for physical exercise.

(LL)
"Recreation and sports club service" means all transactions
by which a membership is granted, maintained, or renewed, including
initiation fees, membership dues, renewal fees, monthly minimum fees,
and other similar fees and dues, by a recreation and sports club,
which entitles the member to use the facilities of the organization.
"Recreation and sports club" means an organization that has
ownership of, or controls or leases on a continuing, long-term basis,
the facilities used by its members and includes an aviation club, gun
or shooting club, yacht club, card club, swimming club, tennis club,
golf club, country club, riding club, amateur sports club, or similar
organization.

(MM)
"Livestock" means farm animals commonly raised for food,
food production, or other agricultural purposes, including, but not
limited to, cattle, sheep, goats, swine, poultry, and captive deer.
"Livestock" does not include invertebrates, amphibians,
reptiles, domestic pets, animals for use in laboratories or for
exhibition, or other animals not commonly raised for food or food
production.

(NN)
"Livestock structure" means a building or structure used
exclusively for the housing, raising, feeding, or sheltering of
livestock, and includes feed storage or handling structures and
structures for livestock waste handling.

(OO)
"Horticulture" means the growing, cultivation, and
production of flowers, fruits, herbs, vegetables, sod, mushrooms, and
nursery stock. As used in this division, "nursery stock"
has the same meaning as in section 927.51 of the Revised Code.

(PP)
"Horticulture structure" means a building or structure used
exclusively for the commercial growing, raising, or overwintering of
horticultural products, and includes the area used for stocking,
storing, and packing horticultural products when done in conjunction
with the production of those products.

(QQ)
"Newspaper" means an unbound publication bearing a title or
name that is regularly published, at least as frequently as biweekly,
and distributed from a fixed place of business to the public in a
specific geographic area, and that contains a substantial amount of
news matter of international, national, or local events of interest
to the general public.

(RR)(1)
"Feminine hygiene products" means tampons, panty liners,
menstrual cups, sanitary napkins, and other similar tangible personal
property designed for feminine hygiene in connection with the human
menstrual cycle, but does not include grooming and hygiene products.

(2)
"Grooming and hygiene products" means soaps and cleaning
solutions, shampoo, toothpaste, mouthwash, antiperspirants, and sun
tan lotions and screens, regardless of whether any of these products
are over-the-counter drugs.

(3)
"Over-the-counter drugs" means a drug that contains a label
that identifies the product as a drug as required by 21 C.F.R.
201.66, which label includes a drug facts panel or a statement of the
active ingredients with a list of those ingredients contained in the
compound, substance, or preparation.

(SS)(1)
"Lease" or "rental" means any transfer of the
possession or control of tangible personal property for a fixed or
indefinite term, for consideration. "Lease" or "rental"
includes future options to purchase or extend, and agreements
described in 26 U.S.C. 7701(h)(1) covering motor vehicles and
trailers where the amount of consideration may be increased or
decreased by reference to the amount realized upon the sale or
disposition of the property. "Lease" or "rental"
does not include:

(a)
A transfer of possession or control of tangible personal property
under a security agreement or a deferred payment plan that requires
the transfer of title upon completion of the required payments;

(b)
A transfer of possession or control of tangible personal property
under an agreement that requires the transfer of title upon
completion of required payments and payment of an option price that
does not exceed the greater of one hundred dollars or one per cent of
the total required payments;

(c)
Providing tangible personal property along with an operator for a
fixed or indefinite period of time, if the operator is necessary for
the property to perform as designed. For purposes of this division,
the operator must do more than maintain, inspect, or set up the
tangible personal property.

(2)
"Lease" and "rental," as defined in division (SS)
of this section, shall not apply to leases or rentals that exist
before June 26, 2003.

(3)
"Lease" and "rental" have the same meaning as in
division (SS)(1) of this section regardless of whether a transaction
is characterized as a lease or rental under generally accepted
accounting principles, the Internal Revenue Code, Title XIII of the
Revised Code, or other federal, state, or local laws.

(TT)
"Mobile telecommunications service" has the same meaning as
in the "Mobile Telecommunications Sourcing Act," Pub. L.
No. 106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended,
and, on and after August 1, 2003, includes related fees and ancillary
services, including universal service fees, detailed billing service,
directory assistance, service initiation, voice mail service, and
vertical services, such as caller ID and three-way calling.

(UU)
"Certified service provider" has the same meaning as in
section 5740.01 of the Revised Code.

(VV)
"Satellite broadcasting service" means the distribution or
broadcasting of programming or services by satellite directly to the
subscriber's receiving equipment without the use of ground receiving
or distribution equipment, except the subscriber's receiving
equipment or equipment used in the uplink process to the satellite,
and includes all service and rental charges, premium channels or
other special services, installation and repair service charges, and
any other charges having any connection with the provision of the
satellite broadcasting service.

(WW)
"Tangible personal property" means personal property that
can be seen, weighed, measured, felt, or touched, or that is in any
other manner perceptible to the senses. For purposes of this chapter
and Chapter 5741. of the Revised Code, "tangible personal
property" includes motor vehicles, electricity, water, gas,
steam, and prewritten computer software.

(XX)
"Municipal gas utility" means a municipal corporation that
owns or operates a system for the distribution of natural gas.

(YY)
"Computer" means an electronic device that accepts
information in digital or similar form and manipulates it for a
result based on a sequence of instructions.

(ZZ)
"Computer software" means a set of coded instructions
designed to cause a computer or automatic data processing equipment
to perform a task.

(AAA)
"Delivered electronically" means delivery of computer
software from the seller to the purchaser by means other than
tangible storage media.

(BBB)
"Prewritten computer software" means computer software,
including prewritten upgrades, that is not designed and developed by
the author or other creator to the specifications of a specific
purchaser. The combining of two or more prewritten computer software
programs or prewritten portions thereof does not cause the
combination to be other than prewritten computer software.
"Prewritten computer software" includes software designed
and developed by the author or other creator to the specifications of
a specific purchaser when it is sold to a person other than the
purchaser. If a person modifies or enhances computer software of
which the person is not the author or creator, the person shall be
deemed to be the author or creator only of such person's
modifications or enhancements. Prewritten computer software or a
prewritten portion thereof that is modified or enhanced to any
degree, where such modification or enhancement is designed and
developed to the specifications of a specific purchaser, remains
prewritten computer software; provided, however, that where there is
a reasonable, separately stated charge or an invoice or other
statement of the price given to the purchaser for the modification or
enhancement, the modification or enhancement shall not constitute
prewritten computer software.

(CCC)(1)
"Food" means substances, whether in liquid, concentrated,
solid, frozen, dried, or dehydrated form, that are sold for ingestion
or chewing by humans and are consumed for their taste or nutritional
value. "Food" does not include alcoholic beverages, dietary
supplements, soft drinks, or tobacco.

(2)
As used in division (CCC)(1) of this section:

(a)
"Dietary supplements" means any product, other than
tobacco, that is intended to supplement the diet and that is intended
for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid
form, or, if not intended for ingestion in such a form, is not
represented as conventional food for use as a sole item of a meal or
of the diet; that is required to be labeled as a dietary supplement,
identifiable by the "supplement facts" box found on the
label, as required by 21 C.F.R. 101.36; and that contains one or more
of the following dietary ingredients:

(i)
A vitamin;

(ii)
A mineral;

(iii)
An herb or other botanical;

(iv)
An amino acid;

(v)
A dietary substance for use by humans to supplement the diet by
increasing the total dietary intake;

(vi)
A concentrate, metabolite, constituent, extract, or combination of
any ingredient described in divisions (CCC)(2)(a)(i) to (v) of this
section.

(b)
"Soft drinks" means nonalcoholic beverages that contain
natural or artificial sweeteners. "Soft drinks" does not
include beverages that contain milk or milk products, soy, rice, or
similar milk substitutes, or that contains greater than fifty per
cent vegetable or fruit juice by volume.

(DDD)
"Drug" means a compound, substance, or preparation, and any
component of a compound, substance, or preparation, other than food,
dietary supplements, or alcoholic beverages that is recognized in the
official United States pharmacopoeia, official homeopathic
pharmacopoeia of the United States, or official national formulary,
and supplements to them; is intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease; or is intended to
affect the structure or any function of the body.

(EEE)
"Prescription" means an order, formula, or recipe issued in
any form of oral, written, electronic, or other means of transmission
by a duly licensed practitioner authorized by the laws of this state
to issue a prescription.

(FFF)
"Durable medical equipment" means equipment, including
repair and replacement parts for such equipment, that can withstand
repeated use, is primarily and customarily used to serve a medical
purpose, generally is not useful to a person in the absence of
illness or injury, and is not worn in or on the body. "Durable
medical equipment" does not include mobility enhancing
equipment.

(GGG)
"Mobility enhancing equipment" means equipment, including
repair and replacement parts for such equipment, that is primarily
and customarily used to provide or increase the ability to move from
one place to another and is appropriate for use either in a home or a
motor vehicle, that is not generally used by persons with normal
mobility, and that does not include any motor vehicle or equipment on
a motor vehicle normally provided by a motor vehicle manufacturer.
"Mobility enhancing equipment" does not include durable
medical equipment.

(HHH)
"Prosthetic device" means a replacement, corrective, or
supportive device, including repair and replacement parts for the
device, worn on or in the human body to artificially replace a
missing portion of the body, prevent or correct physical deformity or
malfunction, or support a weak or deformed portion of the body. As
used in this division, before July 1, 2019, "prosthetic device"
does not include corrective eyeglasses, contact lenses, or dental
prosthesis. On or after July 1, 2019, "prosthetic device"
does not include dental prosthesis but does include corrective
eyeglasses or contact lenses.

(III)(1)
"Fractional aircraft ownership program" means a program in
which persons within an affiliated group sell and manage fractional
ownership program aircraft, provided that at least one hundred
airworthy aircraft are operated in the program and the program meets
all of the following criteria:

(a)
Management services are provided by at least one program manager
within an affiliated group on behalf of the fractional owners.

(b)
Each program aircraft is owned or possessed by at least one
fractional owner.

(c)
Each fractional owner owns or possesses at least a one-sixteenth
interest in at least one fixed-wing program aircraft.

(d)
A dry-lease aircraft interchange arrangement is in effect among all
of the fractional owners.

(e)
Multi-year program agreements are in effect regarding the fractional
ownership, management services, and dry-lease aircraft interchange
arrangement aspects of the program.

(2)
As used in division (III)(1) of this section:

(a)
"Affiliated group" has the same meaning as in division
(B)(3)(e) of this section.

(b)
"Fractional owner" means a person that owns or possesses at
least a one-sixteenth interest in a program aircraft and has entered
into the agreements described in division (III)(1)(e) of this
section.

(c)
"Fractional ownership program aircraft" or "program
aircraft" means a turbojet aircraft that is owned or possessed
by a fractional owner and that has been included in a dry-lease
aircraft interchange arrangement and agreement under divisions
(III)(1)(d) and (e) of this section, or an aircraft a program manager
owns or possesses primarily for use in a fractional aircraft
ownership program.

(d)
"Management services" means administrative and aviation
support services furnished under a fractional aircraft ownership
program in accordance with a management services agreement under
division (III)(1)(e) of this section, and offered by the program
manager to the fractional owners, including, at a minimum, the
establishment and implementation of safety guidelines; the
coordination of the scheduling of the program aircraft and crews;
program aircraft maintenance; program aircraft insurance; crew
training for crews employed, furnished, or contracted by the program
manager or the fractional owner; the satisfaction of record-keeping
requirements; and the development and use of an operations manual and
a maintenance manual for the fractional aircraft ownership program.

(e)
"Program manager" means the person that offers management
services to fractional owners pursuant to a management services
agreement under division (III)(1)(e) of this section.

(JJJ)
"Electronic publishing" means providing access to one or
more of the following primarily for business customers, including the
federal government or a state government or a political subdivision
thereof, to conduct research: news; business, financial, legal,
consumer, or credit materials; editorials, columns, reader
commentary, or features; photos or images; archival or research
material; legal notices, identity verification, or public records;
scientific, educational, instructional, technical, professional,
trade, or other literary materials; or other similar information
which has been gathered and made available by the provider to the
consumer in an electronic format. Providing electronic publishing
includes the functions necessary for the acquisition, formatting,
editing, storage, and dissemination of data or information that is
the subject of a sale.

(KKK)
"Medicaid health insuring corporation" means a health
insuring corporation that holds a certificate of authority under
Chapter 1751. of the Revised Code and is under contract with the
department of medicaid pursuant to section 5167.10 of the Revised
Code.

(LLL)
"Managed care premium" means any premium, capitation, or
other payment a medicaid health insuring corporation receives for
providing or arranging for the provision of health care services to
its members or enrollees residing in this state.

(MMM)
"Captive deer" means deer and other cervidae that have been
legally acquired, or their offspring, that are privately owned for
agricultural or farming purposes.

(NNN)
"Gift card" means a document, card, certificate, or other
record, whether tangible or intangible, that may be redeemed by a
consumer for a dollar value when making a purchase of tangible
personal property or services.

(OOO)
"Specified digital product" means an electronically
transferred digital audiovisual work, digital audio work, or digital
book.

As
used in division (OOO) of this section:

(1)
"Digital audiovisual work" means a series of related images
that, when shown in succession, impart an impression of motion,
together with accompanying sounds, if any.

(2)
"Digital audio work" means a work that results from the
fixation of a series of musical, spoken, or other sounds, including
digitized sound files that are downloaded onto a device and that may
be used to alert the customer with respect to a communication.

(3)
"Digital book" means a work that is generally recognized in
the ordinary and usual sense as a book.

(4)
"Electronically transferred" means obtained by the
purchaser by means other than tangible storage media.

(PPP)
"Digital advertising services" means providing access, by
means of telecommunications equipment, to computer equipment that is
used to enter, upload, download, review, manipulate, store, add, or
delete data for the purpose of electronically displaying, delivering,
placing, or transferring promotional advertisements to potential
customers about products or services or about industry or business
brands.

(QQQ)
"Peer-to-peer car sharing program" has the same meaning as
in section 4516.01 of the Revised Code.

(RRR)
"Megaproject" and "megaproject operator" have the
same meanings as in section 122.17 of the Revised Code.

(SSS)(1)
"Diaper" means an absorbent garment worn by humans who are
incapable of, or have difficulty, controlling their bladder or bowel
movements.

(2)
"Children's diaper" means a diaper marketed to be worn by
children.

(3)
"Adult diaper" means a diaper other than a children's
diaper.

(TTT)
"Sales tax holiday" means three or more dates on which
sales of all eligible tangible personal property are exempt from the
taxes levied under sections 5739.02, 5739.021, 5739.023, 5739.026,
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code.

(UUU)
"Eligible tangible personal property" means any item of
tangible personal property that meets both of the following
requirements:

(1)
The price of the item does not exceed five hundred dollars;

(2)
The item is not a watercraft or outboard motor required to be titled
pursuant to Chapter 1548. of the Revised Code, a motor vehicle, an
alcoholic beverage, tobacco, a vapor product as defined in section
5743.01 of the Revised Code, or an item that contains marijuana as
defined in section 3796.01 of the Revised Code.

(VVV)
"Alcoholic beverages" means beverages that are suitable for
human consumption and contain one-half of one per cent or more of
alcohol by volume.

(WWW)
"Tobacco" means cigarettes, cigars, chewing or pipe
tobacco, or any other item that contains tobacco.

(XXX)(1)
"Delivery network company" means a person that operates a
business platform, including a web site or mobile application, to
facilitate delivery network services.

(2)
"Delivery network courier" means an individual connected to
a consumer through a delivery network company and who provides
delivery network services to that consumer.

(3)
"Delivery network services" means both of the following
when performed as part of a single transaction:

(a)
Pickup of a local product by a delivery network courier from a local
merchant that is not under common ownership or control of the
delivery network company through which the transaction was initiated,
and which may include selection, collection, and purchase of the
local product;

(b)
Delivery by the delivery network courier of that local product to a
location designated by the consumer that is not more than
seventy-five miles from the local merchant's place of business where
the pickup described in division (XXX)(3)(a) of this section occurs.

(4)
"Local merchant" means a person engaged in selling local
products from a temporary or fixed place of business in this state,
including a kitchen, restaurant, grocery store, retail store, or
convenience store.

(5)
"Local product" means any tangible personal property,
including food, but excluding freight, mail, or a package to which
postage is affixed.

Sec.
5739.011.
(A)
As used in this section:

(1)
"Manufacturer" means a person who is engaged in
manufacturing, processing, assembling, or refining a product for sale
and, solely for the purposes of division (B)(12) of this section, a
person who meets all the qualifications of that division.

(2)
"Manufacturing facility" means a single location where a
manufacturing operation is conducted, including locations consisting
of one or more buildings or structures in a contiguous area owned or
controlled by the manufacturer.

(3)
"Materials handling" means the movement of the product
being or to be manufactured, during which movement the product is not
undergoing any substantial change or alteration in its state or form.

(4)
"Testing" means a process or procedure to identify the
properties or assure the quality of a material or product.

(5)
"Completed product" means a manufactured item that is in
the form and condition as it will be sold by the manufacturer. An
item is completed when all processes that change or alter its state
or form or enhance its value are finished, even though the item
subsequently will be tested to ensure its quality or be packaged for
storage or shipment.

(6)
"Continuous manufacturing operation" means the process in
which raw materials or components are moved through the steps whereby
manufacturing occurs. Materials handling of raw materials or parts
from the point of receipt or preproduction storage or of a completed
product, to or from storage, to or from packaging, or to the place
from which the completed product will be shipped, is not a part of a
continuous manufacturing operation.

(7)
"Food" has the same meaning as in section 3717.01 of the
Revised Code.

(B)
For purposes of division
(B)(42)(g)
(B)(42)(f)

of section 5739.02 of the Revised Code, the "thing transferred"
includes, but is not limited to, any of the following:

(1)
Production machinery and equipment that act upon the product or
machinery and equipment that treat the materials or parts in
preparation for the manufacturing operation;

(2)
Materials handling equipment that moves the product through a
continuous manufacturing operation; equipment that temporarily stores
the product during the manufacturing operation; or, excluding motor
vehicles licensed to operate on public highways, equipment used in
intraplant or interplant transfers of work in process where the plant
or plants between which such transfers occur are manufacturing
facilities operated by the same person;

(3)
Catalysts, solvents, water, acids, oil, and similar consumables that
interact with the product and that are an integral part of the
manufacturing operation;

(4)
Machinery, equipment, and other tangible personal property used
during the manufacturing operation that control, physically support,
produce power for, lubricate, or are otherwise necessary for the
functioning of production machinery and equipment and the
continuation of the manufacturing operation;

(5)
Machinery, equipment, fuel, power, material, parts, and other
tangible personal property used to manufacture machinery, equipment,
or other tangible personal property used in manufacturing a product
for sale;

(6)
Machinery, equipment, and other tangible personal property used by a
manufacturer to test raw materials, the product being manufactured,
or the completed product;

(7)
Machinery and equipment used to handle or temporarily store scrap
that is intended to be reused in the manufacturing operation at the
same manufacturing facility;

(8)
Coke, gas, water, steam, and similar substances used in the
manufacturing operation; machinery and equipment used for, and fuel
consumed in, producing or extracting those substances; machinery,
equipment, and other tangible personal property used to treat,
filter, pump, or otherwise make the substance suitable for use in the
manufacturing operation; and machinery and equipment used for, and
fuel consumed in, producing electricity for use in the manufacturing
operation;

(9)
Machinery, equipment, and other tangible personal property used to
transport or transmit electricity, coke, gas, water, steam, or
similar substances used in the manufacturing operation from the point
of generation, if produced by the manufacturer, or from the point
where the substance enters the manufacturing facility, if purchased
by the manufacturer, to the manufacturing operation;

(10)
Machinery, equipment, and other tangible personal property that
treats, filters, cools, refines, or otherwise renders water, steam,
acid, oil, solvents, or similar substances used in the manufacturing
operation reusable, provided that the substances are intended for
reuse and not for disposal, sale, or transportation from the
manufacturing facility;

(11)
Parts, components, and repair and installation services for items
described in division (B) of this section;

(12)
Machinery and equipment, detergents, supplies, solvents, and any
other tangible personal property located at a manufacturing facility
that are used in the process of removing soil, dirt, or other
contaminants from, or otherwise preparing in a suitable condition for
use, towels, linens, articles of clothing, floor mats, mop heads, or
other similar items, to be supplied to a consumer as part of laundry
and dry cleaning services, only when the towels, linens, articles of
clothing, floor mats, mop heads, or other similar items belong to the
provider of the services;

(13)
Equipment and supplies used to clean processing equipment that is
part of a continuous manufacturing operation to produce food for
human consumption.

(C)
For purposes of division
(B)(42)(g)
(B)(42)(f)

of section 5739.02 of the Revised Code, the "thing transferred"
does not include any of the following:

(1)
Tangible personal property used in administrative, personnel,
security, inventory control, record-keeping, ordering, billing, or
similar functions;

(2)
Tangible personal property used in storing raw materials or parts
prior to the commencement of the manufacturing operation or used to
handle or store a completed product, including storage that actively
maintains a completed product in a marketable state or form;

(3)
Tangible personal property used to handle or store scrap or waste
intended for disposal, sale, or other disposition, other than reuse
in the manufacturing operation at the same manufacturing facility;

(4)
Tangible personal property that is or is to be incorporated into
realty;

(5)
Machinery, equipment, and other tangible personal property used for
ventilation, dust or gas collection, humidity or temperature
regulation, or similar environmental control, except machinery,
equipment, and other tangible personal property that totally
regulates the environment in a special and limited area of the
manufacturing facility where the regulation is essential for
production to occur;

(6)
Tangible personal property used for the protection and safety of
workers, unless the property is attached to or incorporated into
machinery and equipment used in a continuous manufacturing operation;

(7)
Tangible personal property used to store fuel, water, solvents, acid,
oil, or similar items consumed in the manufacturing operation;

(8)
Except as provided in division (B)(13) of this section, machinery,
equipment, and other tangible personal property used to clean,
repair, or maintain real or personal property in the manufacturing
facility;

(9)
Motor vehicles registered for operation on public highways.

(D)
For purposes of division
(B)(42)(g)
(B)(42)(f)

of section 5739.02 of the Revised Code, if the "thing
transferred" is a machine used by a manufacturer in both a
taxable and an exempt manner, it shall be totally taxable or totally
exempt from taxation based upon its quantified primary use. If the
"things transferred" are fungibles, they shall be taxed
based upon the proportion of the fungibles used in a taxable manner.

Sec.
5739.02.
For
the purpose of providing revenue with which to meet the needs of the
state, for the use of the general revenue fund of the state, for the
purpose of securing a thorough and efficient system of common schools
throughout the state, for the purpose of affording revenues, in
addition to those from general property taxes, permitted under
constitutional limitations, and from other sources, for the support
of local governmental functions, and for the purpose of reimbursing
the state for the expense of administering this chapter, an excise
tax is hereby levied on each retail sale made in this state.

(A)(1)
The tax shall be collected as provided in section 5739.025 of the
Revised Code. The rate of the tax shall be five and three-fourths per
cent. The tax applies and is collectible when the sale is made,
regardless of the time when the price is paid or delivered.

(2)
In the case of the lease or rental, with a fixed term of more than
thirty days or an indefinite term with a minimum period of more than
thirty days, of any motor vehicles designed by the manufacturer to
carry a load of not more than one ton, watercraft, outboard motor, or
aircraft, or of any tangible personal property, other than motor
vehicles designed by the manufacturer to carry a load of more than
one ton, to be used by the lessee or renter primarily for business
purposes, the tax shall be collected by the vendor at the time the
lease or rental is consummated and shall be calculated by the vendor
on the basis of the total amount to be paid by the lessee or renter
under the lease agreement. If the total amount of the consideration
for the lease or rental includes amounts that are not calculated at
the time the lease or rental is executed, the tax shall be calculated
and collected by the vendor at the time such amounts are billed to
the lessee or renter. In the case of an open-end lease or rental, the
tax shall be calculated by the vendor on the basis of the total
amount to be paid during the initial fixed term of the lease or
rental, and for each subsequent renewal period as it comes due. As
used in this division, "motor vehicle" has the same meaning
as in section 4501.01 of the Revised Code, and "watercraft"
includes an outdrive unit attached to the watercraft.

A
lease with a renewal clause and a termination penalty or similar
provision that applies if the renewal clause is not exercised is
presumed to be a sham transaction. In such a case, the tax shall be
calculated and paid on the basis of the entire length of the lease
period, including any renewal periods, until the termination penalty
or similar provision no longer applies. The taxpayer shall bear the
burden, by a preponderance of the evidence, that the transaction or
series of transactions is not a sham transaction.

(3)
Except as provided in division (A)(2) of this section, in the case of
a sale, the price of which consists in whole or in part of the lease
or rental of tangible personal property, the tax shall be measured by
the installments of that lease or rental.

(4)
In the case of a sale of a physical fitness facility service or
recreation and sports club service, the price of which consists in
whole or in part of a membership for the receipt of the benefit of
the service, the tax applicable to the sale shall be measured by the
installments thereof.

(B)
The tax does not apply to the following:

(1)
Sales to the state or any of its political subdivisions, or to any
other state or its political subdivisions if the laws of that state
exempt from taxation sales made to this state and its political
subdivisions including either of the following:

(a)
Sales or rentals of tangible personal property by construction
contractors or subcontractors to provide temporary traffic control or
temporary structures, including material and equipment used to comply
with the Ohio manual of uniform traffic control devices adopted
pursuant to section 4511.09 of the Revised Code, whereby the state or
any of its political subdivisions take title to, or permanent or
temporary possession of, such tangible personal property for use by
the state or any of its political subdivisions, including for use by
the general public thereof;

(b)
Sales of services by construction contractors or subcontractors to
provide temporary traffic control or structures, including labor used
to comply with the Ohio manual of uniform traffic control devices
adopted pursuant to section 4511.09 of the Revised Code, whereby the
state or any of its political subdivisions, including the general
public thereof, receive the benefit of such services.

As
used in divisions (B)(1)(a) and (b) of this section, "temporary
structures" include temporary roads, bridges, drains, and
pavement.

(2)
Sales of food for human consumption off the premises where sold;

(3)
Sales of food sold to students only in a cafeteria, dormitory,
fraternity, or sorority maintained in a private, public, or parochial
school, college, or university;

(4)
Sales
of
newspapers and sales
or
transfers of magazines distributed as controlled circulation
publications;

(5)
The furnishing, preparing, or serving of meals without charge by an
employer to an employee provided the employer records the meals as
part compensation for services performed or work done;

(6)(a)
Sales of motor fuel upon receipt, use, distribution, or sale of which
in this state a tax is imposed by the law of this state, but this
exemption shall not apply to the sale of motor fuel on which a refund
of the tax is allowable under division (A) of section 5735.14 of the
Revised Code; and the tax commissioner may deduct the amount of tax
levied by this section applicable to the price of motor fuel when
granting a refund of motor fuel tax pursuant to division (A) of
section 5735.14 of the Revised Code and shall cause the amount
deducted to be paid into the general revenue fund of this state;

(b)
Sales of motor fuel other than that described in division (B)(6)(a)
of this section and used for powering a refrigeration unit on a
vehicle other than one used primarily to provide comfort to the
operator or occupants of the vehicle.

(7)
Sales of natural gas by a natural gas company or municipal gas
utility, of water by a water-works company, or of steam by a heating
company, if in each case the thing sold is delivered to consumers
through pipes or conduits, and all sales of communications services
by a telegraph company, all terms as defined in section 5727.01 of
the Revised Code, and sales of electricity delivered through wires;

(8)
Casual sales by a person, or auctioneer employed directly by the
person to conduct such sales, except as to such sales of motor
vehicles, watercraft or outboard motors required to be titled under
section 1548.06 of the Revised Code, watercraft documented with the
United States coast guard, snowmobiles, and all-purpose vehicles as
defined in section 4519.01 of the Revised Code;

(9)(a)
Sales of services or tangible personal property, other than motor
vehicles, mobile homes, and manufactured homes, by churches,
organizations exempt from taxation under section 501(c)(3) of the
Internal Revenue Code of 1986, or nonprofit organizations operated
exclusively for charitable purposes as defined in division (B)(12) of
this section, provided that the number of days on which such tangible
personal property or services, other than items never subject to the
tax, are sold does not exceed six in any calendar year, except as
otherwise provided in division (B)(9)(b) of this section. If the
number of days on which such sales are made exceeds six in any
calendar year, the church or organization shall be considered to be
engaged in business and all subsequent sales by it shall be subject
to the tax. In counting the number of days, all sales by groups
within a church or within an organization shall be considered to be
sales of that church or organization.

(b)
The limitation on the number of days on which tax-exempt sales may be
made by a church or organization under division (B)(9)(a) of this
section does not apply to sales made by student clubs and other
groups of students of a primary or secondary school, or a
parent-teacher association, booster group, or similar organization
that raises money to support or fund curricular or extracurricular
activities of a primary or secondary school.

(c)
Divisions (B)(9)(a) and (b) of this section do not apply to sales by
a noncommercial educational radio or television broadcasting station.

(10)
Sales not within the taxing power of this state under the
Constitution or laws of the United States or the Constitution of this
state including either of the following:

(a)
Sales or rentals of tangible personal property by construction
contractors or subcontractors to provide temporary traffic control or
temporary structures, including material and equipment used to comply
with the Ohio manual of uniform traffic control devices adopted
pursuant to section 4511.09 of the Revised Code, whereby the United
States takes title to, or permanent or temporary possession of, such
tangible personal property for use by the United States including for
use by the general public thereof;

(b)
Sales of services by construction contractors or subcontractors to
provide temporary traffic control or structures, including labor used
to comply with the Ohio manual of uniform traffic control devices
adopted pursuant to section 4511.09 of the Revised Code, whereby the
United States, including the general public thereof, receives the
benefit of such services.

As
used in divisions (B)(10)(a) and (b) of this section, "temporary
structures" include temporary roads, bridges, drains, and
pavement.

(11)
Except for transactions that are sales under division (B)(3)(p) of
section 5739.01 of the Revised Code, the transportation of persons or
property, unless the transportation is by a private investigation and
security service;

(12)
Sales of tangible personal property or services to churches, to
organizations exempt from taxation under section 501(c)(3) of the
Internal Revenue Code of 1986, and to any other nonprofit
organizations operated exclusively for charitable purposes in this
state, no part of the net income of which inures to the benefit of
any private shareholder or individual, and no substantial part of the
activities of which consists of carrying on propaganda or otherwise
attempting to influence legislation; sales to offices administering
one or more homes for the aged or one or more hospital facilities
exempt under section 140.08 of the Revised Code; and sales to
organizations described in division (D) of section 5709.12 of the
Revised Code.

"Charitable
purposes" means the relief of poverty; the improvement of health
through the alleviation of illness, disease, or injury; the operation
of an organization exclusively for the provision of professional,
laundry, printing, and purchasing services to hospitals or charitable
institutions; the operation of a home for the aged, as defined in
section 5701.13 of the Revised Code; the operation of a radio or
television broadcasting station that is licensed by the federal
communications commission as a noncommercial educational radio or
television station; the operation of a nonprofit animal adoption
service or a county humane society; the promotion of education by an
institution of learning that maintains a faculty of qualified
instructors, teaches regular continuous courses of study, and confers
a recognized diploma upon completion of a specific curriculum; the
operation of a parent-teacher association, booster group, or similar
organization primarily engaged in the promotion and support of the
curricular or extracurricular activities of a primary or secondary
school; the operation of a community or area center in which
presentations in music, dramatics, the arts, and related fields are
made in order to foster public interest and education therein; the
production of performances in music, dramatics, and the arts; or the
promotion of education by an organization engaged in carrying on
research in, or the dissemination of, scientific and technological
knowledge and information primarily for the public.

Nothing
in this division shall be deemed to exempt sales to any organization
for use in the operation or carrying on of a trade or business, or
sales to a home for the aged for use in the operation of independent
living facilities as defined in division (A) of section 5709.12 of
the Revised Code.

(13)
Building and construction materials and services sold to construction
contractors for incorporation into a structure or improvement to real
property under a construction contract with this state or a political
subdivision of this state, or with the United States government or
any of its agencies; building and construction materials and services
sold to construction contractors for incorporation into a structure
or improvement to real property that are accepted for ownership by
this state or any of its political subdivisions, or by the United
States government or any of its agencies at the time of completion of
the structures or improvements; building and construction materials
sold to construction contractors for incorporation into a
horticulture structure or livestock structure for a person engaged in
the business of horticulture or producing livestock; building
materials and services sold to a construction contractor for
incorporation into a house of public worship or religious education,
or a building used exclusively for charitable purposes under a
construction contract with an organization whose purpose is as
described in division (B)(12) of this section; building materials and
services sold to a construction contractor for incorporation into a
building under a construction contract with an organization exempt
from taxation under section 501(c)(3) of the Internal Revenue Code of
1986 when the building is to be used exclusively for the
organization's exempt purposes; tangible personal property sold for
incorporation into the construction of a sports facility under
section 307.696 of the Revised Code; building and construction
materials and services sold to a construction contractor for
incorporation into real property outside this state if such materials
and services, when sold to a construction contractor in the state in
which the real property is located for incorporation into real
property in that state, would be exempt from a tax on sales levied by
that state; building and construction materials for incorporation
into a transportation facility pursuant to a public-private agreement
entered into under sections 5501.70 to 5501.83 of the Revised Code;
until one calendar year after the construction of a convention center
that qualifies for property tax exemption under section 5709.084 of
the Revised Code is completed, building and construction materials
and services sold to a construction contractor for incorporation into
the real property comprising that convention center; and building and
construction materials sold for incorporation into a structure or
improvement to real property that is used primarily as, or primarily
in support of, a manufacturing facility or research and development
facility and that is to be owned by a megaproject operator upon
completion and located at the site of a megaproject that satisfies
the criteria described in division (A)(11)(a)(ii) of section 122.17
of the Revised Code, provided that the sale occurs during the period
that the megaproject operator has an agreement for such megaproject
with the tax credit authority under division (D) of section 122.17 of
the Revised Code that remains in effect and has not expired or been
terminated.

This
division does not apply to building and construction materials and
services sold to construction contractors for incorporation into a
structure or improvement to real property under a construction
contract with a port authority if the contract is subject to section
4582.72 of the Revised Code but approval from the appropriate board
of county commissioners, as required by that section, has not been
obtained.

(14)
Sales of ships or vessels or rail rolling stock used or to be used
principally in interstate or foreign commerce, and repairs,
alterations, fuel, and lubricants for such ships or vessels or rail
rolling stock;

(15)
Sales to persons primarily engaged in any of the activities mentioned
in division (B)(42)(a),
(g)
(f)
,
or
(h)
(g)

of this section, to persons engaged in making retail sales, or to
persons who purchase for sale from a manufacturer tangible personal
property that was produced by the manufacturer in accordance with
specific designs provided by the purchaser, of packages, including
material, labels, and parts for packages, and of machinery,
equipment, and material for use primarily in packaging tangible
personal property produced for sale, including any machinery,
equipment, and supplies used to make labels or packages, to prepare
packages or products for labeling, or to label packages or products,
by or on the order of the person doing the packaging, or sold at
retail. "Packages" includes bags, baskets, cartons, crates,
boxes, cans, bottles, bindings, wrappings, and other similar devices
and containers, but does not include motor vehicles or bulk tanks,
trailers, or similar devices attached to motor vehicles. "Packaging"
means placing in a package. Division (B)(15) of this section does not
apply to persons engaged in highway transportation for hire.

(16)
Sales of food to persons using supplemental nutrition assistance
program benefits to purchase the food. As used in this division,
"food" has the same meaning as in 7 U.S.C. 2012 and federal
regulations adopted pursuant to the Food and Nutrition Act of 2008.

(17)
Sales to persons engaged in farming, agriculture, horticulture, or
floriculture, of tangible personal property for use or consumption
primarily in the production by farming, agriculture, horticulture, or
floriculture of other tangible personal property for use or
consumption primarily in the production of tangible personal property
for sale by farming, agriculture, horticulture, or floriculture; or
material and parts for incorporation into any such tangible personal
property for use or consumption in production; and of tangible
personal property for such use or consumption in the conditioning or
holding of products produced by and for such use, consumption, or
sale by persons engaged in farming, agriculture, horticulture, or
floriculture, except where such property is incorporated into real
property;

(18)
Sales of drugs for a human being that may be dispensed only pursuant
to a prescription; insulin as recognized in the official United
States pharmacopoeia; urine and blood testing materials when used by
diabetics or persons with hypoglycemia to test for glucose or
acetone; hypodermic syringes and needles when used by diabetics for
insulin injections; epoetin alfa when purchased for use in the
treatment of persons with medical disease; hospital beds when
purchased by hospitals, nursing homes, or other medical facilities;
and medical oxygen and medical oxygen-dispensing equipment when
purchased by hospitals, nursing homes, or other medical facilities;

(19)
Sales of prosthetic devices, durable medical equipment for home use,
or mobility enhancing equipment, when made pursuant to a prescription
and when such devices or equipment are for use by a human being.

(20)
Sales of emergency and fire protection vehicles and equipment to
nonprofit organizations for use solely in providing fire protection
and emergency services, including trauma care and emergency medical
services, for political subdivisions of the state;

(21)
Sales of tangible personal property manufactured in this state, if
sold by the manufacturer in this state to a retailer for use in the
retail business of the retailer outside of this state and if
possession is taken from the manufacturer by the purchaser within
this state for the sole purpose of immediately removing the same from
this state in a vehicle owned by the purchaser;

(22)
Sales of services provided by the state or any of its political
subdivisions, agencies, instrumentalities, institutions, or
authorities, or by governmental entities of the state or any of its
political subdivisions, agencies, instrumentalities, institutions, or
authorities;

(23)
Sales of motor vehicles to nonresidents of this state under the
circumstances described in division (B) of section 5739.029 of the
Revised Code;

(24)
Sales to persons engaged in the preparation of eggs for sale of
tangible personal property used or consumed directly in such
preparation, including such tangible personal property used for
cleaning, sanitizing, preserving, grading, sorting, and classifying
by size; packages, including material and parts for packages, and
machinery, equipment, and material for use in packaging eggs for
sale; and handling and transportation equipment and parts therefor,
except motor vehicles licensed to operate on public highways, used in
intraplant or interplant transfers or shipment of eggs in the process
of preparation for sale, when the plant or plants within or between
which such transfers or shipments occur are operated by the same
person. "Packages" includes containers, cases, baskets,
flats, fillers, filler flats, cartons, closure materials, labels, and
labeling materials, and "packaging" means placing therein.

(25)(a)
Sales of water to a consumer for residential use;

(b)
Sales of water by a nonprofit corporation engaged exclusively in the
treatment, distribution, and sale of water to consumers, if such
water is delivered to consumers through pipes or tubing.

(26)
Fees charged for inspection or reinspection of motor vehicles under
section 3704.14 of the Revised Code;

(27)
Sales to persons licensed to conduct a food service operation
pursuant to section 3717.43 of the Revised Code, of tangible personal
property primarily used directly for the following:

(a)
To prepare food for human consumption for sale;

(b)
To preserve food that has been or will be prepared for human
consumption for sale by the food service operator, not including
tangible personal property used to display food for selection by the
consumer;

(c)
To clean tangible personal property used to prepare or serve food for
human consumption for sale.

(28)
Sales of animals by nonprofit animal adoption services or county
humane societies;

(29)
Sales of services to a corporation described in division (A) of
section 5709.72 of the Revised Code, and sales of tangible personal
property that qualifies for exemption from taxation under section
5709.72 of the Revised Code;

(30)
Sales and installation of agricultural land tile, as defined in
division (B)(5)(a) of section 5739.01 of the Revised Code;

(31)
Sales and erection or installation of portable grain bins, as defined
in division (B)(5)(b) of section 5739.01 of the Revised Code;

(32)
The sale, lease, repair, and maintenance of, parts for, or items
attached to or incorporated in, motor vehicles that are primarily
used for transporting tangible personal property belonging to others
by a person engaged in highway transportation for hire, except for
packages and packaging used for the transportation of tangible
personal property;

(33)
Sales to the state headquarters of any veterans' organization in this
state that is either incorporated and issued a charter by the
congress of the United States or is recognized by the United States
veterans administration, for use by the headquarters;

(34)
Sales to a telecommunications service vendor, mobile
telecommunications service vendor, or satellite broadcasting service
vendor of tangible personal property and services used directly and
primarily in transmitting, receiving, switching, or recording any
interactive, one- or two-way electromagnetic communications,
including voice, image, data, and information, through the use of any
medium, including, but not limited to, poles, wires, cables,
switching equipment, computers, and record storage devices and media,
and component parts for the tangible personal property. The exemption
provided in this division shall be in lieu of all other exemptions
under division (B)(42)(a) or (n) of this section to which the vendor
may otherwise be entitled, based upon the use of the thing purchased
in providing the telecommunications, mobile telecommunications, or
satellite broadcasting service.

(35)(a)
Sales where the purpose of the consumer is to use or consume the
things transferred in making retail sales and consisting of newspaper
inserts, catalogues, coupons, flyers, gift certificates, or other
advertising material that prices and describes tangible personal
property offered for retail sale.

(b)
Sales to direct marketing vendors of preliminary materials such as
photographs, artwork, and typesetting that will be used in printing
advertising material; and of printed matter that offers free
merchandise or chances to win sweepstake prizes and that is mailed to
potential customers with advertising material described in division
(B)(35)(a) of this section;

(c)
Sales of equipment such as telephones, computers, facsimile machines,
and similar tangible personal property primarily used to accept
orders for direct marketing retail sales.

(d)
Sales of automatic food vending machines that preserve food with a
shelf life of forty-five days or less by refrigeration and dispense
it to the consumer.

For
purposes of division (B)(35) of this section, "direct marketing"
means the method of selling where consumers order tangible personal
property by United States mail, delivery service, or
telecommunication and the vendor delivers or ships the tangible
personal property sold to the consumer from a warehouse, catalogue
distribution center, or similar fulfillment facility by means of the
United States mail, delivery service, or common carrier
(35)
Sales of strollers meant for transporting children from infancy to
about thirty-six months of age that meet the United States consumer
product safety commission safety standard for carriages and strollers
under 16 C.F.R. 1227.2
.

(36)
Sales to a person engaged in the business of horticulture or
producing livestock of materials to be incorporated into a
horticulture structure or livestock structure;

(37)
Sales of personal computers, computer monitors, computer keyboards,
modems, and other peripheral computer equipment to an individual who
is licensed or certified to teach in an elementary or a secondary
school in this state for use by that individual in preparation for
teaching elementary or secondary school students;

(38)
Sales of tangible personal property that is not required to be
registered or licensed under the laws of this state to a citizen of a
foreign nation that is not a citizen of the United States, provided
the property is delivered to a person in this state that is not a
related member of the purchaser, is physically present in this state
for the sole purpose of temporary storage and package consolidation,
and is subsequently delivered to the purchaser at a delivery address
in a foreign nation. As used in division (B)(38) of this section,
"related member" has the same meaning as in section
5733.042 of the Revised Code, and "temporary storage" means
the storage of tangible personal property for a period of not more
than sixty days.

(39)
Sales of used manufactured homes and used mobile homes, as defined in
section 5739.0210 of the Revised Code, made on or after January 1,
2000;

(40)
Sales of tangible personal property and services to a provider of
electricity used or consumed directly and primarily in generating,
transmitting, or distributing electricity for use by others,
including property that is or is to be incorporated into and will
become a part of the consumer's production, transmission, or
distribution system and that retains its classification as tangible
personal property after incorporation; fuel or power used in the
production, transmission, or distribution of electricity; energy
conversion equipment as defined in section 5727.01 of the Revised
Code; and tangible personal property and services used in the repair
and maintenance of the production, transmission, or distribution
system, including only those motor vehicles as are specially designed
and equipped for such use. The exemption provided in this division
shall be in lieu of all other exemptions in division (B)(42)(a) or

(n)
(m)

of this section to which a provider of electricity may otherwise be
entitled based on the use of the tangible personal property or
service purchased in generating, transmitting, or distributing
electricity.

(41)
Sales to a person providing services under division (B)(3)(p) of
section 5739.01 of the Revised Code of tangible personal property and
services used directly and primarily in providing taxable services
under that section.

(42)
Sales where the purpose of the purchaser is to do any of the
following:

(a)
To incorporate the thing transferred as a material or a part into
tangible personal property to be produced for sale by manufacturing,
assembling, processing, or refining; or to use or consume the thing
transferred directly in producing tangible personal property for sale
by mining, including, without limitation, the extraction from the
earth of all substances that are classed geologically as minerals, or
directly in the rendition of a public utility service, except that
the sales tax levied by this section shall be collected upon all
meals, drinks, and food for human consumption sold when transporting
persons. This paragraph does not exempt from "retail sale"
or "sales at retail" the sale of tangible personal property
that is to be incorporated into a structure or improvement to real
property.

(b)
To hold the thing transferred as security for the performance of an
obligation of the vendor;

(c)
To resell, hold, use, or consume the thing transferred as evidence of
a contract of insurance;

(d)
To use or consume the thing directly in commercial fishing;

(e)
To incorporate the thing transferred as a material or a part into, or
to use or consume the thing transferred directly in the production
of, magazines distributed as controlled circulation publications;

(f)

To
use or consume the thing transferred in the production and
preparation in suitable condition for market and sale of printed,
imprinted, overprinted, lithographic, multilithic, blueprinted,
photostatic, or other productions or reproductions of written or
graphic matter;

(g)

To
use the thing transferred, as described in section 5739.011 of the
Revised Code, primarily in a manufacturing operation to produce
tangible personal property for sale;

(h)
(g)

To use the benefit of a warranty, maintenance or service contract, or
similar agreement, as described in division (B)(7) of section 5739.01
of the Revised Code, to repair or maintain tangible personal
property, if all of the property that is the subject of the warranty,
contract, or agreement would not be subject to the tax imposed by
this section;

(i)
(h)

To use the thing transferred as qualified research and development
equipment;

(j)
(i)

To use or consume the thing transferred primarily in storing,
transporting, mailing, or otherwise handling purchased sales
inventory in a warehouse, distribution center, or similar facility
when the inventory is primarily distributed outside this state to
retail stores of the person who owns or controls the warehouse,
distribution center, or similar facility, to retail stores of an
affiliated group of which that person is a member, or by means of
direct marketing. This division does not apply to motor vehicles
registered for operation on the public highways. As used in this
division, "affiliated group" has the same meaning as in
division (B)(3)(e) of section 5739.01 of the Revised Code and "direct
marketing"
has
the same meaning as in division (B)(35) of this section
means
the method of selling where consumers order tangible personal
property by United States mail, delivery service, or
telecommunication and the vendor delivers or ships the tangible
personal property sold to the consumer from a warehouse, catalogue
distribution center, or similar fulfillment facility by means of the
United States mail, delivery service, or common carrier
.

(k)
(j)

To use or consume the thing transferred to fulfill a contractual
obligation incurred by a warrantor pursuant to a warranty provided as
a part of the price of the tangible personal property sold or by a
vendor of a warranty, maintenance or service contract, or similar
agreement the provision of which is defined as a sale under division
(B)(7) of section 5739.01 of the Revised Code;

(l)
(k)

To use or consume the thing transferred in the production of a
newspaper for distribution to the public;

(m)
(l)

To use tangible personal property to perform a service listed in
division (B)(3) of section 5739.01 of the Revised Code, if the
property is or is to be permanently transferred to the consumer of
the service as an integral part of the performance of the service;

(n)
(m)

To use or consume the thing transferred primarily in producing
tangible personal property for sale by farming, agriculture,
horticulture, or floriculture. Persons engaged in rendering farming,
agriculture, horticulture, or floriculture services for others are
deemed engaged primarily in farming, agriculture, horticulture, or
floriculture. This paragraph does not exempt from "retail sale"
or "sales at retail" the sale of tangible personal property
that is to be incorporated into a structure or improvement to real
property.

(o)
To use or consume the thing transferred in acquiring, formatting,
editing, storing, and disseminating data or information by electronic
publishing;

(p)
To provide the thing transferred to the owner or lessee of a motor
vehicle that is being repaired or serviced, if the thing transferred
is a rented motor vehicle and the purchaser is reimbursed for the
cost of the rented motor vehicle by a manufacturer, warrantor, or
provider of a maintenance, service, or other similar contract or
agreement, with respect to the motor vehicle that is being repaired
or serviced;

(q)

(n)

To
use or consume the thing transferred directly in production of crude
oil and natural gas for sale. Persons engaged in rendering production
services for others are deemed engaged in production.

As
used in division
(B)(42)(q)
(B)(42)(n)

of this section, "production" means operations and tangible
personal property directly used to expose and evaluate an underground
reservoir that may contain hydrocarbon resources, prepare the
wellbore for production, and lift and control all substances yielded
by the reservoir to the surface of the earth.

(i)
For the purposes of division
(B)(42)(q)
(B)(42)(n)

of this section, the "thing transferred" includes, but is
not limited to, any of the following:

(I)
Services provided in the construction of permanent access roads,
services provided in the construction of the well site, and services
provided in the construction of temporary impoundments;

(II)
Equipment and rigging used for the specific purpose of creating with
integrity a wellbore pathway to underground reservoirs;

(III)
Drilling and workover services used to work within a subsurface
wellbore, and tangible personal property directly used in providing
such services;

(IV)
Casing, tubulars, and float and centralizing equipment;

(V)
Trailers to which production equipment is attached;

(VI)
Well completion services, including cementing of casing, and tangible
personal property directly used in providing such services;

(VII)
Wireline evaluation, mud logging, and perforation services, and
tangible personal property directly used in providing such services;

(VIII)
Reservoir stimulation, hydraulic fracturing, and acidizing services,
and tangible personal property directly used in providing such
services, including all material pumped downhole;

(IX)
Pressure pumping equipment;

(X)
Artificial lift systems equipment;

(XI)
Wellhead equipment and well site equipment used to separate,
stabilize, and control hydrocarbon phases and produced water;

(XII)
Tangible personal property directly used to control production
equipment.

(ii)
For the purposes of division
(B)(42)(q)
(B)(42)(n)

of this section, the "thing transferred" does not include
any of the following:

(I)
Tangible personal property used primarily in the exploration and
production of any mineral resource regulated under Chapter 1509. of
the Revised Code other than oil or gas;

(II)
Tangible personal property used primarily in storing, holding, or
delivering solutions or chemicals used in well stimulation as defined
in section 1509.01 of the Revised Code;

(III)
Tangible personal property used primarily in preparing, installing,
or reclaiming foundations for drilling or pumping equipment or well
stimulation material tanks;

(IV)
Tangible personal property used primarily in transporting,
delivering, or removing equipment to or from the well site or storing
such equipment before its use at the well site;

(V)
Tangible personal property used primarily in gathering operations
occurring off the well site, including gathering pipelines
transporting hydrocarbon gas or liquids away from a crude oil or
natural gas production facility;

(VI)
Tangible personal property that is to be incorporated into a
structure or improvement to real property;

(VII)
Well site fencing, lighting, or security systems;

(VIII)
Communication devices or services;

(IX)
Office supplies;

(X)
Trailers used as offices or lodging;

(XI)
Motor vehicles of any kind;

(XII)
Tangible personal property used primarily for the storage of drilling
byproducts and fuel not used for production;

(XIII)
Tangible personal property used primarily as a safety device;

(XIV)
Data collection or monitoring devices;

(XV)
Access ladders, stairs, or platforms attached to storage tanks.

The
enumeration of tangible personal property in division

(B)(42)(q)(ii)
(B)(42)(n)(ii)

of this section is not intended to be exhaustive, and any tangible
personal property not so enumerated shall not necessarily be
construed to be a "thing transferred" for the purposes of
division
(B)(42)(q)
(B)(42)(n)

of this section.

The
commissioner shall adopt and promulgate rules under sections 119.01
to 119.13 of the Revised Code that the commissioner deems necessary
to administer division
(B)(42)(q)
(B)(42)(n)

of this section.

As
used in division (B)(42) of this section, "thing" includes
all transactions included in divisions (B)(3)(a), (b), and (e) of
section 5739.01 of the Revised Code.

(43)
Sales conducted through a coin operated device that activates vacuum
equipment or equipment that dispenses water, whether or not in
combination with soap or other cleaning agents or wax, to the
consumer for the consumer's use on the premises in washing, cleaning,
or waxing a motor vehicle, provided no other personal property or
personal service is provided as part of the transaction.

(44)
Sales of replacement and modification parts for engines, airframes,
instruments, and interiors in, and paint for, aircraft used primarily
in a fractional aircraft ownership program, and sales of services for
the repair, modification, and maintenance of such aircraft, and
machinery, equipment, and supplies primarily used to provide those
services.

(45)

Sales
of telecommunications service that is used directly and primarily to
perform the functions of a call center. As used in this division,
"call center" means any physical location where telephone
calls are placed or received in high volume for the purpose of making
sales, marketing, customer service, technical support, or other
specialized business activity, and that employs at least fifty
individuals that engage in call center activities on a full-time
basis, or sufficient individuals to fill fifty full-time equivalent
positions
The
fee imposed by section 3743.22 of the Revised Code, if it is
separately stated on the invoice, bill of sale, or similar document
given by the vendor to the consumer for a retail sale made in this
state
.

(46)
Sales by a telecommunications service vendor of 900 service to a
subscriber. This division does not apply to information services.

(47)
Sales of value-added non-voice data service. This division does not
apply to any similar service that is not otherwise a
telecommunications service.

(48)
Sales of feminine hygiene products.

(49)
Sales of materials, parts, equipment, or engines used in the repair
or maintenance of aircraft or avionics systems of such aircraft, and
sales of repair, remodeling, replacement, or maintenance services in
this state performed on aircraft or on an aircraft's avionics,
engine, or component materials or parts. As used in division (B)(49)
of this section, "aircraft" means aircraft of more than six
thousand pounds maximum certified takeoff weight or used exclusively
in general aviation.

(50)
Sales of full flight simulators that are used for pilot or
flight-crew training, sales of repair or replacement parts or
components, and sales of repair or maintenance services for such full
flight simulators. "Full flight simulator" means a replica
of a specific type, or make, model, and series of aircraft cockpit.
It includes the assemblage of equipment and computer programs
necessary to represent aircraft operations in ground and flight
conditions, a visual system providing an out-of-the-cockpit view, and
a system that provides cues at least equivalent to those of a
three-degree-of-freedom motion system, and has the full range of
capabilities of the systems installed in the device as described in
appendices A and B of part 60 of chapter 1 of title 14 of the Code of
Federal Regulations.

(51)
Any transfer or lease of tangible personal property between the state
and JobsOhio in accordance with section 4313.02 of the Revised Code.

(52)(a)
Sales to a qualifying corporation.

(b)
As used in division (B)(52) of this section:

(i)
"Qualifying corporation" means a nonprofit corporation
organized in this state that leases from an eligible county land,
buildings, structures, fixtures, and improvements to the land that
are part of or used in a public recreational facility used by a major
league professional athletic team or a class A to class AAA minor
league affiliate of a major league professional athletic team for a
significant portion of the team's home schedule, provided the
following apply:

(I)
The facility is leased from the eligible county pursuant to a lease
that requires substantially all of the revenue from the operation of
the business or activity conducted by the nonprofit corporation at
the facility in excess of operating costs, capital expenditures, and
reserves to be paid to the eligible county at least once per calendar
year.

(II)
Upon dissolution and liquidation of the nonprofit corporation, all of
its net assets are distributable to the board of commissioners of the
eligible county from which the corporation leases the facility.

(ii)
"Eligible county" has the same meaning as in section
307.695 of the Revised Code.

(53)
Sales to or by a cable service provider, video service provider, or
radio or television broadcast station regulated by the federal
government of cable service or programming, video service or
programming, audio service or programming, or electronically
transferred digital audiovisual or audio work. As used in division
(B)(53) of this section, "cable service" and "cable
service provider" have the same meanings as in section 1332.01
of the Revised Code, and "video service," "video
service provider," and "video programming" have the
same meanings as in section 1332.21 of the Revised Code.

(54)
Sales of a digital audio work electronically transferred for delivery
through use of a machine, such as a juke box, that does all of the
following:

(a)
Accepts direct payments to operate;

(b)
Automatically plays a selected digital audio work for a single play
upon receipt of a payment described in division (B)(54)(a) of this
section;

(c)
Operates exclusively for the purpose of playing digital audio works
in a commercial establishment.

(55)(a)
Sales of the following occurring on the first Friday of August and
the following Saturday and Sunday of any year, except in 2024 or any
subsequent year in which a sales tax holiday is held pursuant to
section 5739.41 of the Revised Code:

(i)
An item of clothing, the price of which is seventy-five dollars or
less;

(ii)
An item of school supplies, the price of which is twenty dollars or
less;

(iii)
An item of school instructional material, the price of which is
twenty dollars or less.

(b)
As used in division (B)(55) of this section:

(i)
"Clothing" means all human wearing apparel suitable for
general use. "Clothing" includes, but is not limited to,
aprons, household and shop; athletic supporters; baby receiving
blankets; bathing suits and caps; beach capes and coats; belts and
suspenders; boots; coats and jackets; costumes; diapers, children and
adult, including disposable diapers; earmuffs; footlets; formal wear;
garters and garter belts; girdles; gloves and mittens for general
use; hats and caps; hosiery; insoles for shoes; lab coats; neckties;
overshoes; pantyhose; rainwear; rubber pants; sandals; scarves; shoes
and shoe laces; slippers; sneakers; socks and stockings; steel-toed
shoes; underwear; uniforms, athletic and nonathletic; and wedding
apparel. "Clothing" does not include items purchased for
use in a trade or business; clothing accessories or equipment;
protective equipment; sports or recreational equipment; belt buckles
sold separately; costume masks sold separately; patches and emblems
sold separately; sewing equipment and supplies including, but not
limited to, knitting needles, patterns, pins, scissors, sewing
machines, sewing needles, tape measures, and thimbles; and sewing
materials that become part of "clothing" including, but not
limited to, buttons, fabric, lace, thread, yarn, and zippers.

(ii)
"School supplies" means items commonly used by a student in
a course of study. "School supplies" includes only the
following items: binders; book bags; calculators; cellophane tape;
blackboard chalk; compasses; composition books; crayons; erasers;
folders, expandable, pocket, plastic, and manila; glue, paste, and
paste sticks; highlighters; index cards; index card boxes; legal
pads; lunch boxes; markers; notebooks; paper, loose-leaf ruled
notebook paper, copy paper, graph paper, tracing paper, manila paper,
colored paper, poster board, and construction paper; pencil boxes and
other school supply boxes; pencil sharpeners; pencils; pens;
protractors; rulers; scissors; and writing tablets. "School
supplies" does not include any item purchased for use in a trade
or business.

(iii)
"School instructional material" means written material
commonly used by a student in a course of study as a reference and to
learn the subject being taught. "School instructional material"
includes only the following items: reference books, reference maps
and globes, textbooks, and workbooks. "School instructional
material" does not include any material purchased for use in a
trade or business.

(56)(a)
Sales of adult diapers or incontinence underpads sold pursuant to a
prescription, for the benefit of a medicaid recipient with a
diagnosis of incontinence, and by a medicaid provider that maintains
a valid provider agreement under section 5164.30 of the Revised Code
with the department of medicaid, provided that the medicaid program
covers diapers or incontinence underpads as an incontinence garment.

(b)
As used in division (B)(56)(a) of this section, "incontinence
underpad" means an absorbent product, not worn on the body,
designed to protect furniture or other tangible personal property
from soiling or damage due to human incontinence.

(57)
Sales of investment metal bullion and investment coins. "Investment
metal bullion" means any bullion described in section
408(m)(3)(B) of the Internal Revenue Code, regardless of whether that
bullion is in the physical possession of a trustee. "Investment
coin" means any coin composed primarily of gold, silver,
platinum, or palladium.

(58)
Sales of tangible personal property used primarily for any of the
following purposes by a megaproject operator at the site of a
megaproject that satisfies the criteria described in division
(A)(11)(a)(ii) of section 122.17 of the Revised Code, provided that
the sale occurs during the period that the megaproject operator has
an agreement for such megaproject with the tax credit authority under
division (D) of section 122.17 of the Revised Code that remains in
effect and has not expired or been terminated:

(a)
To store, transmit, convey, distribute, recycle, circulate, or clean
water, steam, or other gases used in or produced as a result of
manufacturing activity, including items that support or aid in the
operation of such property;

(b)
To clean or prepare inventory, at any stage of storage or production,
or equipment used in a manufacturing activity, including chemicals,
solvents, catalysts, soaps, and other items that support or aid in
the operation of property;

(c)
To regulate, treat, filter, condition, improve, clean, maintain, or
monitor environmental conditions within areas where manufacturing
activities take place;

(d)
To handle, transport, or convey inventory during production or
manufacturing.

(59)
Documentary services charges imposed pursuant to section 4517.261 or
4781.24 of the Revised Code.

(60)
Sales of children's diapers.

(61)
Sales of therapeutic or preventative creams and wipes marketed
primarily for use on the skin of children.

(62)
Sales of a child restraint device or booster seat that meets the
national highway traffic safety administration standard for child
restraint systems under 49 C.F.R. 571.213.

(63)
Sales of cribs intended to provide sleeping accommodations for
children that comply with the United States consumer product safety
commission's safety standard for full-size baby cribs under 16 C.F.R.
1219 or the commission's safety standard for non-full-size baby cribs
under 16 C.F.R. 1220.

(64)

Sales
of strollers meant for transporting children from infancy to about
thirty-six months of age that meet the United States consumer product
safety commission safety standard for carriages and strollers under
16 C.F.R. 1227.2.

(65)
The fee imposed by section 3743.22 of the Revised Code, if it is
separately stated on the invoice, bill of sale, or similar document
given by the vendor to the consumer for a retail sale made in this
state.

(66)

Sales
of eligible tangible personal property occurring during the period of
a sales tax holiday held pursuant to section 5739.41 of the Revised
Code.

(C)
For the purpose of the proper administration of this chapter, and to
prevent the evasion of the tax, it is presumed that all sales made in
this state are subject to the tax until the contrary is established.

(D)
The tax collected by the vendor from the consumer under this chapter
is not part of the price, but is a tax collection for the benefit of
the state, and of counties levying an additional sales tax pursuant
to section 5739.021 or 5739.026 of the Revised Code and of transit
authorities levying an additional sales tax pursuant to section
5739.023 of the Revised Code. Except for the discount authorized
under section 5739.12 of the Revised Code and the effects of any
rounding pursuant to section 5703.055 of the Revised Code, no person
other than the state or such a county or transit authority shall
derive any benefit from the collection or payment of the tax levied
by this section or section 5739.021, 5739.023, or 5739.026 of the
Revised Code.

Sec.
5739.03.
(A)
Except as provided in section 5739.05 or section 5739.051 of the
Revised Code, the tax imposed by or pursuant to section 5739.02,
5739.021, 5739.023, or 5739.026 of the Revised Code shall be paid by
the consumer to the vendor, and each vendor shall collect from the
consumer, as a trustee for the state of Ohio, the full and exact
amount of the tax payable on each taxable sale, in the manner and at
the times provided as follows:

(1)
If the price is, at or prior to the provision of the service or the
delivery of possession of the thing sold to the consumer, paid in
currency passed from hand to hand by the consumer or the consumer's
agent to the vendor or the vendor's agent, the vendor or the vendor's
agent shall collect the tax with and at the same time as the price;

(2)
If the price is otherwise paid or to be paid, the vendor or the
vendor's agent shall, at or prior to the provision of the service or
the delivery of possession of the thing sold to the consumer, charge
the tax imposed by or pursuant to section 5739.02, 5739.021,
5739.023, or 5739.026 of the Revised Code to the account of the
consumer, which amount shall be collected by the vendor from the
consumer in addition to the price. Such sale shall be reported on and
the amount of the tax applicable thereto shall be remitted with the
return for the period in which the sale is made, and the amount of
the tax shall become a legal charge in favor of the vendor and
against the consumer.

(B)(1)(a)
If any sale is claimed to be exempt under division (E) of section
5739.01 of the Revised Code or under section 5739.02 of the Revised
Code, with the exception of divisions (B)(1) to (11), (28), (48),
(55), (59), or
(66)
(62)

of section 5739.02 of the Revised Code, the consumer must provide to
the vendor, and the vendor must obtain from the consumer, a
certificate specifying the reason that the sale is not legally
subject to the tax. The certificate shall be in such form, and shall
be provided either in a hard copy form or electronic form, as the tax
commissioner prescribes.

(b)
A vendor that obtains a fully completed exemption certificate from a
consumer is relieved of liability for collecting and remitting tax on
any sale covered by that certificate. If it is determined the
exemption was improperly claimed, the consumer shall be liable for
any tax due on that sale under section 5739.02, 5739.021, 5739.023,
or 5739.026 or Chapter 5741. of the Revised Code. Relief under this
division from liability does not apply to any of the following:

(i)
A vendor that fraudulently fails to collect tax;

(ii)
A vendor that solicits consumers to participate in the unlawful claim
of an exemption;

(iii)
A vendor that accepts an exemption certificate from a consumer that
claims an exemption based on who purchases or who sells property or a
service, when the subject of the transaction sought to be covered by
the exemption certificate is actually received by the consumer at a
location operated by the vendor in this state, and this state has
posted to its web site an exemption certificate form that clearly and
affirmatively indicates that the claimed exemption is not available
in this state;

(iv)
A vendor that accepts an exemption certificate from a consumer who
claims a multiple points of use exemption under division (D) of
section 5739.033 of the Revised Code, if the item purchased is
tangible personal property, other than prewritten computer software.

(2)
The vendor shall maintain records, including exemption certificates,
of all sales on which a consumer has claimed an exemption, and
provide them to the tax commissioner on request.

(3)
The tax commissioner may establish an identification system whereby
the commissioner issues an identification number to a consumer that
is exempt from payment of the tax. The consumer must present the
number to the vendor, if any sale is claimed to be exempt as provided
in this section.

(4)
If no certificate is provided or obtained within ninety days after
the date on which such sale is consummated, it shall be presumed that
the tax applies. Failure to have so provided or obtained a
certificate shall not preclude a vendor, within one hundred twenty
days after the tax commissioner gives written notice of intent to
levy an assessment, from either establishing that the sale is not
subject to the tax, or obtaining, in good faith, a fully completed
exemption certificate.

(5)
Certificates need not be obtained nor provided where the identity of
the consumer is such that the transaction is never subject to the tax
imposed or where the item of tangible personal property sold or the
service provided is never subject to the tax imposed, regardless of
use, or when the sale is in interstate commerce.

(6)
If a transaction is claimed to be exempt under division (B)(13) of
section 5739.02 of the Revised Code, the contractor shall obtain
certification of the claimed exemption from the contractee. This
certification shall be in addition to an exemption certificate
provided by the contractor to the vendor. A contractee that provides
a certification under this division shall be deemed to be the
consumer of all items purchased by the contractor under the claim of
exemption, if it is subsequently determined that the exemption is not
properly claimed. The certification shall be in such form as the tax
commissioner prescribes.

(7)
If a transaction is claimed to be exempt under division (B)(13) of
section 5739.02 of the Revised Code, the person that leases a sports
facility, as defined in section 307.696 of the Revised Code, wholly
owned by a county may provide and sign, on behalf of the county, an
exemption certificate required under this section for that exemption.

(C)
As used in this division, "contractee" means a person who
seeks to enter or enters into a contract or agreement with a
contractor or vendor for the construction of real property or for the
sale and installation onto real property of tangible personal
property.

Any
contractor or vendor may request from any contractee a certification
of what portion of the property to be transferred under such contract
or agreement is to be incorporated into the realty and what portion
will retain its status as tangible personal property after
installation is completed. The contractor or vendor shall request the
certification by certified mail delivered to the contractee, return
receipt requested. Upon receipt of such request and prior to entering
into the contract or agreement, the contractee shall provide to the
contractor or vendor a certification sufficiently detailed to enable
the contractor or vendor to ascertain the resulting classification of
all materials purchased or fabricated by the contractor or vendor and
transferred to the contractee. This requirement applies to a
contractee regardless of whether the contractee holds a direct
payment permit under section 5739.031 of the Revised Code or provides
to the contractor or vendor an exemption certificate as provided
under this section.

For
the purposes of the taxes levied by this chapter and Chapter 5741. of
the Revised Code, the contractor or vendor may in good faith rely on
the contractee's certification. Notwithstanding division (B) of
section 5739.01 of the Revised Code, if the tax commissioner
determines that certain property certified by the contractee as
tangible personal property pursuant to this division is, in fact,
real property, the contractee shall be considered to be the consumer
of all materials so incorporated into that real property and shall be
liable for the applicable tax, and the contractor or vendor shall be
excused from any liability on those materials.

If
a contractee fails to provide such certification upon the request of
the contractor or vendor, the contractor or vendor shall comply with
the provisions of this chapter and Chapter 5741. of the Revised Code
without the certification. If the tax commissioner determines that
such compliance has been performed in good faith and that certain
property treated as tangible personal property by the contractor or
vendor is, in fact, real property, the contractee shall be considered
to be the consumer of all materials so incorporated into that real
property and shall be liable for the applicable tax, and the
construction contractor or vendor shall be excused from any liability
on those materials.

This
division does not apply to any contract or agreement where the tax
commissioner determines as a fact that a certification under this
division was made solely on the decision or advice of the contractor
or vendor.

(D)
Notwithstanding division (B) of section 5739.01 of the Revised Code,
whenever the total rate of tax imposed under this chapter is
increased after the date after a construction contract is entered
into, the contractee shall reimburse the construction contractor for
any additional tax paid on tangible property consumed or services
received pursuant to the contract.

(E)
A vendor who files a petition for reassessment contesting the
assessment of tax on sales for which the vendor obtained no valid
exemption certificates and for which the vendor failed to establish
that the sales were properly not subject to the tax during the
one-hundred-twenty-day period allowed under division (B) of this
section, may present to the tax commissioner additional evidence to
prove that the sales were properly subject to a claim of exception or
exemption. The vendor shall file such evidence within ninety days of
the receipt by the vendor of the notice of assessment, except that,
upon application and for reasonable cause, the period for submitting
such evidence shall be extended thirty days.

The
commissioner shall consider such additional evidence in reaching the
final determination on the assessment and petition for reassessment.

(F)
Whenever a vendor refunds the price, minus any separately stated
delivery charge, of an item of tangible personal property on which
the tax imposed under this chapter has been paid, the vendor shall
also refund the amount of tax paid, minus the amount of tax
attributable to the delivery charge.

Sec.
5739.07.
(A)
When, pursuant to this chapter, a vendor has paid taxes to the tax
commissioner or the commissioner's agent, the commissioner shall
refund to the vendor the amount of taxes paid, and any penalties
assessed with respect to such taxes, if the vendor has refunded to
the consumer the full amount of taxes the consumer paid illegally or
erroneously or if the vendor has illegally or erroneously billed the
consumer but has not collected the taxes from the consumer.

(B)
When, pursuant to this chapter, a consumer has paid taxes directly to
the tax commissioner or the commissioner's agent, and the payment or
assessment was illegal or erroneous, the commissioner shall refund to
the consumer the full amount of illegal or erroneous taxes paid and
any penalties assessed with respect to such taxes.

(C)
The commissioner shall refund to the consumer amounts paid illegally
or erroneously to a vendor only if:

(1)
The commissioner has not refunded the tax to the vendor and the
vendor has not refunded the tax to the consumer; or

(2)
The consumer has received a refund from a manufacturer or other
person, other than the vendor, of the full purchase price, but not
the tax, paid to the vendor in settlement of a complaint by the
consumer about the property or service purchased.

The
commissioner may require the consumer to obtain or the vendor to
provide a written statement confirming that the vendor has not
refunded the tax to the consumer and has not filed an application for
refund of the tax with the commissioner.

(D)
Subject to division (E) of this section, an application for refund
shall be filed with the tax commissioner on the form prescribed by
the commissioner within four years from the date of the illegal or
erroneous payment, unless the vendor or consumer waives the time
limitation under division (A)(3) of section 5739.16 of the Revised
Code. If the time limitation is waived, the refund application period
shall be extended for the same period as the waiver.

(E)
An application for refund shall be filed in accordance with division
(D) of this section unless a person is subject to an assessment that
is subject to the time limit of division (B) of section 5703.58 of
the Revised Code for amounts not reported and paid between the
four-year time limit described in division (D) of this section and
the seven-year limit described in division (B) of section 5703.58 of
the Revised Code, in which case the person may file an application
within six months after the date the assessment is issued. Any refund
allowed under this division shall not exceed the amount of the
assessment due for the same period.

(F)
On the filing of an application for a refund, the commissioner shall
determine the amount of refund to which the applicant is entitled. If
the amount is not less than that claimed, the commissioner shall
certify that amount to the director of budget and management and the
treasurer of state for payment from the tax refund fund created by
section 5703.052 of the Revised Code. If the amount is less than that
claimed, the commissioner shall proceed in accordance with section
5703.70 of the Revised Code.

(G)
When a refund is granted under this section, it shall include
interest thereon as provided by section 5739.132 of the Revised Code
,
except that no such interest shall be granted when a refund is
granted for illegal or erroneous payments made pursuant to a direct
payment permit issued under section 5739.031 of the Revised Code or
division (I) of section 122.175 of the Revised Code
.

Sec.
5739.09.
(A)(1)
A board of county commissioners may, by resolution adopted by a
majority of the members of the board, levy an excise tax not to
exceed three per cent on transactions by which lodging by a hotel is
or is to be furnished to transient guests. The board shall establish
all regulations necessary to provide for the administration and
allocation of the tax. The regulations may prescribe the time for
payment of the tax, and may provide for the imposition of a penalty
or interest, or both, for late payments, provided that the penalty
does not exceed ten per cent of the amount of tax due, and the rate
at which interest accrues does not exceed the rate per annum
prescribed pursuant to section 5703.47 of the Revised Code. Except as
otherwise provided in this section, the regulations shall provide,
after deducting the real and actual costs of administering the tax,
for the return to each municipal corporation or township that does
not levy an excise tax on the transactions, a uniform percentage of
the tax collected in the municipal corporation or in the
unincorporated portion of the township from each transaction, not to
exceed thirty-three and one-third per cent. Except as provided in
this section, the remainder of the revenue arising from the tax shall
be deposited in a separate fund and shall be spent either (a) to make
contributions to the convention and visitors' bureau operating within
the county, including a pledge and contribution of any portion of the
remainder pursuant to an agreement authorized by section 307.678 or
307.695 of the Revised Code or (b) to pay, if authorized in the
regulations, for public safety services in a resort area designated
under section 5739.101 of the Revised Code.

(2)
If the board of county commissioners of an eligible county as defined
in section 307.678 or 307.695 of the Revised Code adopts a resolution
amending a resolution levying a tax under division (A) of this
section to provide that revenue from the tax shall be used by the
board as described in either division (D) of section 307.678 or
division (H) of section 307.695 of the Revised Code, the remainder of
the revenue shall be used as described in the resolution making that
amendment.

(3)
Except as provided in division (B), (C), (D), (E), (F), (G), (H),
(I), (J), (K), or (Q) of this section, on and after May 10, 1994, a
board of county commissioners may not levy an excise tax pursuant to
division (A) of this section in any municipal corporation or township
located wholly or partly within the county that has in effect an
ordinance or resolution levying an excise tax pursuant to division
(B) of section 5739.08 of the Revised Code.

(4)
The board of a county that has levied a tax under division (M) of
this section may, by resolution adopted within ninety days after July
15, 1985, by a majority of the members of the board, amend the
resolution levying a tax under division (A) of this section to
provide for a portion of that tax to be pledged and contributed in
accordance with an agreement entered into under section 307.695 of
the Revised Code. A tax, any revenue from which is pledged pursuant
to such an agreement, shall remain in effect at the rate at which it
is imposed for the duration of the period for which the revenue from
the tax has been so pledged.

(5)
The board of county commissioners of an eligible county as defined in
section 307.695 of the Revised Code may, by resolution adopted by a
majority of the members of the board, amend a resolution levying a
tax under division (A) of this section to provide that the revenue
from the tax shall be used by the board as described in division (H)
of section 307.695 of the Revised Code, in which case the tax shall
remain in effect at the rate at which it was imposed for the duration
of any agreement entered into by the board under section 307.695 of
the Revised Code, the duration during which any securities issued by
the board under that section are outstanding, or the duration of the
period during which the board owns a project as defined in section
307.695 of the Revised Code, whichever duration is longest.

(6)
The board of county commissioners of an eligible county as defined in
section 307.678 of the Revised Code may, by resolution, amend a
resolution levying a tax under division (A) of this section to
provide that revenue from the tax, not to exceed five hundred
thousand dollars each year, may be used as described in division (E)
of section 307.678 of the Revised Code.

(7)
Notwithstanding division (A) of this section, the board of county
commissioners of a county described in division (H)(1) of this
section may, by resolution, amend a resolution levying a tax under
division (A) of this section to provide that all or a portion of the
revenue from the tax, including any revenue otherwise required to be
returned to townships or municipal corporations under that division,
may be used or pledged for the payment of debt service on securities
issued to pay the costs of constructing, operating, and maintaining
sports facilities described in division (H)(2) of this section.

(8)
The board of county commissioners of a county described in division
(I) of this section may, by resolution, amend a resolution levying a
tax under division (A) of this section to provide that all or a
portion of the revenue from the tax may be used for the purposes
described in section 307.679 of the Revised Code.

(B)
A board of county commissioners that levies an excise tax under
division (A) of this section on June 30, 1997, at a rate of three per
cent, and that has pledged revenue from the tax to an agreement
entered into under section 307.695 of the Revised Code or, in the
case of the board of county commissioners of an eligible county as
defined in section 307.695 of the Revised Code, has amended a
resolution levying a tax under division (M) of this section to
provide that proceeds from the tax shall be used by the board as
described in division (H) of section 307.695 of the Revised Code,
may, at any time by a resolution adopted by a majority of the members
of the board, amend the resolution levying a tax under division (A)
of this section to provide for an increase in the rate of that tax up
to seven per cent on each transaction; to provide that revenue from
the increase in the rate shall be used as described in division (H)
of section 307.695 of the Revised Code or be spent solely to make
contributions to the convention and visitors' bureau operating within
the county to be used specifically for promotion, advertising, and
marketing of the region in which the county is located; and to
provide that the rate in excess of the three per cent levied under
division (A) of this section shall remain in effect at the rate at
which it is imposed for the duration of the period during which any
agreement is in effect that was entered into under section 307.695 of
the Revised Code by the board of county commissioners levying a tax
under division (A) of this section, the duration of the period during
which any securities issued by the board under division (I) of
section 307.695 of the Revised Code are outstanding, or the duration
of the period during which the board owns a project as defined in
section 307.695 of the Revised Code, whichever duration is longest.
The amendment also shall provide that no portion of that revenue need
be returned to townships or municipal corporations as would otherwise
be required under division (A) of this section.

(C)(1)
As used in division (C) of this section, "cost" and
"facility" have the same meanings as in section 351.01 of
the Revised Code, and "convention center" has the same
meaning as in section 307.695 of the Revised Code.

(2)
A board of county commissioners that levies a tax under division (A)
of this section on March 18, 1999, at a rate of three per cent may,
by resolution adopted not later than forty-five days after March 18,
1999, amend the resolution levying the tax to provide for all of the
following:

(a)
That the rate of the tax shall be increased by not more than an
additional four per cent on each transaction;

(b)
That all of the revenue from the increase in the rate shall be
pledged and contributed to a convention facilities authority
established by the board of county commissioners under Chapter 351.
of the Revised Code on or before November 15, 1998, and used to pay
costs of constructing, maintaining, operating, and promoting a
facility in the county, including paying bonds, or notes issued in
anticipation of bonds, as provided by that chapter;

(c)
That no portion of the revenue arising from the increase in rate need
be returned to municipal corporations or townships as otherwise
required under division (A) of this section;

(d)
That the increase in rate shall not be subject to diminution by
initiative or referendum or by law while any bonds, or notes in
anticipation of bonds, issued by the authority under Chapter 351. of
the Revised Code to which the revenue is pledged, remain outstanding
in accordance with their terms, unless provision is made by law or by
the board of county commissioners for an adequate substitute therefor
that is satisfactory to the trustee if a trust agreement secures the
bonds.

(3)
Division (C) of this section does not apply to the board of county
commissioners of any county in which a convention center or facility
exists or is being constructed on November 15, 1998, or of any county
in which a convention facilities authority levies a tax pursuant to
section 351.021 of the Revised Code on that date.

(D)(1)
As used in division (D) of this section, "cost" has the
same meaning as in section 351.01 of the Revised Code, and
"convention center" has the same meaning as in section
307.695 of the Revised Code.

(2)
A board of county commissioners that levies a tax under division (A)
of this section on June 30, 2002, at a rate of three per cent may, by
resolution adopted not later than September 30, 2002, amend the
resolution levying the tax to provide for all of the following:

(a)
That the rate of the tax shall be increased by not more than an
additional three and one-half per cent on each transaction;

(b)
That all of the revenue from the increase in rate shall be pledged
and contributed to a convention facilities authority established by
the board of county commissioners under Chapter 351. of the Revised
Code on or before May 15, 2002, and be used to pay costs of
constructing, expanding, maintaining, operating, or promoting a
convention center in the county, including paying bonds, or notes
issued in anticipation of bonds, as provided by that chapter;

(c)
That no portion of the revenue arising from the increase in rate need
be returned to municipal corporations or townships as otherwise
required under division (A) of this section;

(d)
That the increase in rate shall not be subject to diminution by
initiative or referendum or by law while any bonds, or notes in
anticipation of bonds, issued by the authority under Chapter 351. of
the Revised Code to which the revenue is pledged, remain outstanding
in accordance with their terms, unless provision is made by law or by
the board of county commissioners for an adequate substitute therefor
that is satisfactory to the trustee if a trust agreement secures the
bonds.

(3)
Any board of county commissioners that, pursuant to division (D)(2)
of this section, has amended a resolution levying the tax authorized
by division (A) of this section may further amend the resolution to
provide that the revenue referred to in division (D)(2)(b) of this
section shall be pledged and contributed both to a convention
facilities authority to pay the costs of constructing, expanding,
maintaining, or operating one or more convention centers in the
county, including paying bonds, or notes issued in anticipation of
bonds, as provided in Chapter 351. of the Revised Code, and to a
convention and visitors' bureau to pay the costs of promoting one or
more convention centers in the county.

(4)
A county having a population of seven hundred thousand or less may
not levy the increased rate described in division (D)(2) of this
section on or after the first day of the first month beginning after
the effective date of this amendment.

(E)(1)
As used in division (E) of this section:

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

(b)
"Port authority military-use facility" means port authority
facilities on which or adjacent to which is located an installation
of the armed forces of the United States, a reserve component
thereof, or the national guard and at least part of which is made
available for use, for consideration, by the armed forces of the
United States, a reserve component thereof, or the national guard.

(2)
For the purpose of contributing revenue to pay operating expenses of
a port authority that operates a port authority military-use
facility, the board of county commissioners of a county that created,
participated in the creation of, or has joined such a port authority
may do one or both of the following:

(a)
Amend a resolution previously adopted under division (A) of this
section to designate some or all of the revenue from the tax levied
under the resolution to be used for that purpose, notwithstanding
that division;

(b)
Amend a resolution previously adopted under division (A) of this
section to increase the rate of the tax by not more than an
additional two per cent and use the revenue from the increase
exclusively for that purpose.

(3)
If a board of county commissioners amends a resolution to increase
the rate of a tax as authorized in division (E)(2)(b) of this
section, the board also may amend the resolution to specify that the
increase in rate of the tax does not apply to "hotels," as
otherwise defined in section 5739.01 of the Revised Code, having
fewer rooms used for the accommodation of guests than a number of
rooms specified by the board.

(F)(1)
A board of county commissioners of a county organized under a county
charter adopted pursuant to Article X, Section 3, Ohio Constitution,
and that levies an excise tax under division (A) of this section at a
rate of three per cent and levies an additional excise tax under
division (O) of this section at a rate of one and one-half per cent
may, by resolution adopted not later than January 1, 2008, by a
majority of the members of the board, amend the resolution levying a
tax under division (A) of this section to provide for an increase in
the rate of that tax by not more than an additional one per cent on
transactions by which lodging by a hotel is or is to be furnished to
transient guests. Notwithstanding divisions (A) and (O) of this
section, the resolution shall provide that all of the revenue from
the increase in rate, after deducting the real and actual costs of
administering the tax, shall be used to pay the costs of improving,
expanding, equipping, financing, or operating a convention center by
a convention and visitors' bureau in the county.

(2)
The increase in rate shall remain in effect for the period specified
in the resolution, not to exceed ten years, and may be extended for
an additional period of time not to exceed ten years thereafter by a
resolution adopted by a majority of the members of the board.

(3)
The increase in rate shall be subject to the regulations adopted
under division (A) of this section, except that the resolution may
provide that no portion of the revenue from the increase in the rate
shall be returned to townships or municipal corporations as would
otherwise be required under that division.

(G)(1)
Division (G) of this section applies only to a county with a
population greater than sixty-five thousand and less than seventy
thousand according to the most recent federal decennial census and in
which, on December 31, 2006, an excise tax is levied under division
(A) of this section at a rate not less than and not greater than
three per cent, and in which the most recent increase in the rate of
that tax was enacted or took effect in November 1984.

(2)
The board of county commissioners of a county to which division (G)
of this section applies, by resolution adopted by a majority of the
members of the board, may increase the rate of the tax by not more
than one per cent on transactions by which lodging by a hotel is or
is to be furnished to transient guests. The increase in rate shall be
for the purpose of paying expenses deemed necessary by the convention
and visitors' bureau operating in the county to promote travel and
tourism.

(3)
The increase in rate shall remain in effect for the period specified
in the resolution, not to exceed twenty years, provided that the
increase in rate may not continue beyond the time when the purpose
for which the increase is levied ceases to exist. If revenue from the
increase in rate is pledged to the payment of debt charges on
securities, the increase in rate is not subject to diminution by
initiative or referendum or by law for so long as the securities are
outstanding, unless provision is made by law or by the board of
county commissioners for an adequate substitute for that revenue that
is satisfactory to the trustee if a trust agreement secures payment
of the debt charges.

(4)
The increase in rate shall be subject to the regulations adopted
under division (A) of this section, except that the resolution may
provide that no portion of the revenue from the increase in the rate
shall be returned to townships or municipal corporations as would
otherwise be required under division (A) of this section.

(5)
A resolution adopted under division (G) of this section is subject to
referendum under sections 305.31 to 305.99 of the Revised Code.

(H)(1)
Division (H) of this section applies only to a county satisfying all
of the following:

(a)
The population of the county is greater than one hundred seventy-five
thousand and less than two hundred twenty-five thousand according to
the most recent federal decennial census.

(b)
An amusement park with an average yearly attendance in excess of two
million guests is located in the county.

(c)
On December 31, 2014, an excise tax was levied in the county under
division (A) of this section at a rate of three per cent.

(2)
The board of county commissioners of a county to which division (H)
of this section applies, by resolution adopted by a majority of the
members of the board, may increase the rate of the tax by not more
than one per cent on transactions by which lodging by a hotel is or
is to be furnished to transient guests. The increase in rate shall be
used to pay the costs of constructing and maintaining facilities
owned by the county or by a port authority created under Chapter
4582. of the Revised Code, and designed to host sporting events and
expenses deemed necessary by the convention and visitors' bureau
operating in the county to promote travel and tourism with reference
to the sports facilities, and to pay or pledge to the payment of debt
service on securities issued to pay the costs of constructing,
operating, and maintaining the sports facilities.

(3)
The increase in rate shall remain in effect for the period specified
in the resolution. If revenue from the increase in rate is pledged to
the payment of debt charges on securities, the increase in rate is
not subject to diminution by initiative or referendum or by law for
so long as the securities are outstanding, unless provision is made
by law or by the board of county commissioners for an adequate
substitute for that revenue that is satisfactory to the trustee if a
trust agreement secures payment of the debt charges.

(4)
The increase in rate shall be subject to the regulations adopted
under division (A) of this section, except that the resolution may
provide that no portion of the revenue from the increase in the rate
shall be returned to townships or municipal corporations as would
otherwise be required under division (A) of this section.

(I)(1)
The board of county commissioners of a county with a population
greater than seventy-five thousand and less than seventy-eight
thousand, by resolution adopted by a majority of the members of the
board not later than October 15, 2015, may increase the rate of the
tax by not more than one per cent on transactions by which lodging by
a hotel is or is to be furnished to transient guests. The increase in
rate shall be for the purposes described in section 307.679 of the
Revised Code or for the promotion of travel and tourism in the
county, including travel and tourism to sports facilities.

(2)
The increase in rate shall remain in effect for the period specified
in the resolution and as necessary to fulfill the county's
obligations under a cooperative agreement entered into under section
307.679 of the Revised Code. If the resolution is adopted by the
board before September 29, 2015, but after that enactment becomes
law, the increase in rate shall become effective beginning on
September 29, 2015. If revenue from the increase in rate is pledged
to the payment of debt charges on securities, or to substitute for
other revenues pledged to the payment of such debt, the increase in
rate is not subject to diminution by initiative or referendum or by
law for so long as the securities are outstanding, unless provision
is made by law or by the board of county commissioners for an
adequate substitute for that revenue that is satisfactory to the
trustee if a trust agreement secures payment of the debt charges.

(3)
The increase in rate shall be subject to the regulations adopted
under division (A) of this section, except that no portion of the
revenue from the increase in the rate shall be returned to townships
or municipal corporations as would otherwise be required under
division (A) of this section.

(J)(1)
Division (J) of this section applies only to counties satisfying
either of the following:

(a)
A county that, on July 1, 2015, does not levy an excise tax under
division (A) of this section and that has a population of at least
thirty-nine thousand but not more than forty thousand according to
the 2010 federal decennial census;

(b)
A county that, on July 1, 2015, levies an excise tax under division
(A) of this section at a rate of three per cent and that has a
population of at least seventy-one thousand but not more than
seventy-five thousand according to 2010 federal decennial census.

(2)
The board of county commissioners of a county to which division (J)
of this section applies, by resolution adopted by a majority of the
members of the board, may levy an excise tax at a rate not to exceed
three per cent on transactions by which lodging by a hotel is or is
to be furnished to transient guests for the purpose of acquiring,
constructing, equipping, or repairing permanent improvements, as
defined in section 133.01 of the Revised Code.

(3)
If the board does not levy a tax under division (A) of this section,
the board shall establish regulations necessary to provide for the
administration of the tax, which may prescribe the time for payment
of the tax and the imposition of penalty or interest subject to the
limitations on penalty and interest provided in division (A) of this
section. No portion of the revenue shall be returned to townships or
municipal corporations in the county unless otherwise provided by
resolution of the board.

(4)
The tax shall apply throughout the territory of the county, including
in any township or municipal corporation levying an excise tax under
division (A) or (B) of section 5739.08 of the Revised Code. The levy
of the tax is subject to referendum as provided under section 305.31
of the Revised Code.

(5)
The tax shall remain in effect for the period specified in the
resolution. If revenue from the increase in rate is pledged to the
payment of debt charges on securities, the increase in rate is not
subject to diminution by initiative or referendum or by law for so
long as the securities are outstanding unless provision is made by
law or by the board for an adequate substitute for that revenue that
is satisfactory to the trustee if a trust agreement secures payment
of the debt charges.

(K)(1)
The board of county commissioners of an eligible county, as defined
in section 307.678 of the Revised Code, that levies an excise tax
under division (A) of this section on July 1, 2017, at a rate of
three per cent may, by resolution adopted by a majority of the
members of the board, amend the resolution levying the tax to
increase the rate of the tax by not more than an additional three per
cent on each transaction.

(2)
No portion of the revenue shall be returned to townships or municipal
corporations in the county unless otherwise provided by resolution of
the board. Otherwise, the revenue from the increase in the rate shall
be distributed and used in the same manner described under division
(A) of this section or distributed or used to provide credit
enhancement facilities as authorized under section 307.678 of the
Revised Code.

(3)
The increase in rate shall remain in effect for the period specified
in the resolution. If revenue from the increase in rate is pledged to
the payment of debt charges on securities, the increase in rate is
not subject to diminution by initiative or referendum or by law for
so long as the securities are outstanding unless provision is made by
law or by the board for an adequate substitute for that revenue that
is satisfactory to the trustee if a trust agreement secures payment
of the debt charges.

(L)(1)
As used in division (L) of this section:

(a)
"Eligible county" means a county that has a population
greater than one hundred ninety thousand and less than two hundred
thousand according to the 2010 federal decennial census and that
levies an excise tax under division (A) of this section at a rate of
three per cent.

(b)
"Professional sports facility" means a sports facility that
is intended to house major or minor league professional athletic
teams, including a stadium, together with all parking facilities,
walkways, and other auxiliary facilities, real and personal property,
property rights, easements, and interests that may be appropriate
for, or used in connection with, the operation of the facility.

(2)
Subject to division (L)(3) of this section, the board of county
commissioners of an eligible county, by resolution adopted by a
majority of the members of the board, may increase the rate of the
tax by not more than one per cent on transactions by which lodging by
a hotel is or is to be furnished to transient guests. Revenue from
the increase in rate shall be used for the purposes of paying the
costs of constructing, improving, and maintaining a professional
sports facility in the county and paying expenses considered
necessary by the convention and visitors' bureau operating in the
county to promote travel and tourism with respect to that
professional sports facility. The tax shall take effect only after
the convention and visitors' bureau enters into a contract for the
construction, improvement, or maintenance of a professional sports
facility that is or will be located on property acquired, in whole or
in part, with revenue from the increased rate, and thereafter shall
remain in effect for the period specified in the resolution. If
revenue from the increase in rate is pledged to the payment of debt
charges on securities, the increase in rate is not subject to
diminution by initiative or referendum or by law for so long as the
securities are outstanding, unless a provision is made by law or by
the board of county commissioners for an adequate substitute for that
revenue that is satisfactory to the trustee if a trust agreement
secures payment of the debt charges. The increase in rate shall be
subject to the regulations adopted under division (A) of this
section, except that the resolution may provide that no portion of
the revenue from the increase in the rate shall be returned to
townships or municipal corporations as would otherwise be required
under division (A) of this section.

(3)
If, on December 31, 2019, the convention and visitors' bureau has not
entered into a contract for the construction, improvement, or
maintenance of a professional sports facility that is or will be
located on property acquired, in whole or in part, with revenue from
the increased rate, the authority to levy the tax under division
(L)(2) of this section is hereby repealed on that date.

(M)(1)
For the purposes described in section 307.695 of the Revised Code and
to cover the costs of administering the tax, a board of county
commissioners of a county where a tax imposed under division (A) of
this section is in effect may, by resolution adopted within ninety
days after July 15, 1985, by a majority of the members of the board,
levy an additional excise tax not to exceed three per cent on
transactions by which lodging by a hotel is or is to be furnished to
transient guests. The tax authorized by division (M) of this section
shall be in addition to any tax that is levied pursuant to divisions
(A) to (L) of this section, but it shall not apply to transactions
subject to a tax levied by a municipal corporation or township
pursuant to section 5739.08 of the Revised Code.

(2)
The board shall establish all regulations necessary to provide for
the administration and allocation of the tax. The regulations may
prescribe the time for payment of the tax, and may provide for the
imposition of a penalty or interest, or both, for late payments,
provided that the penalty does not exceed ten per cent of the amount
of tax due, and the rate at which interest accrues does not exceed
the rate per annum prescribed pursuant to section 5703.47 of the
Revised Code.

(3)
All revenues arising from the tax shall be expended in accordance
with section 307.695 of the Revised Code. The board of county
commissioners of an eligible county as defined in section 307.695 of
the Revised Code may, by resolution adopted by a majority of the
members of the board, amend the resolution levying a tax under this
division to provide that the revenue from the tax shall be used by
the board as described in division (H) of section 307.695 of the
Revised Code.

(4)
A tax imposed under this division shall remain in effect at the rate
at which it is imposed for the duration of the period during which
any agreement entered into by the board under section 307.695 of the
Revised Code is in effect, the duration of the period during which
any securities issued by the board under division (I) of section
307.695 of the Revised Code are outstanding, or the duration of the
period during which the board owns a project as defined in section
307.695 of the Revised Code, whichever duration is longest.

(N)(1)
For the purpose of providing contributions under division (B)(1) of
section 307.671 of the Revised Code to enable the acquisition,
construction, and equipping of a port authority educational and
cultural facility in the county and, to the extent provided for in
the cooperative agreement authorized by that section, for the purpose
of paying debt service charges on bonds, or notes in anticipation of
bonds, described in division (B)(1)(b) of that section, a board of
county commissioners, by resolution adopted within ninety days after
December 22, 1992, by a majority of the members of the board, may
levy an additional excise tax not to exceed one and one-half per cent
on transactions by which lodging by a hotel is or is to be furnished
to transient guests. The excise tax authorized by division (N) of
this section shall be in addition to any tax that is levied pursuant
to divisions (A) to (M) of this section, to any excise tax levied
pursuant to section 5739.08 of the Revised Code, and to any excise
tax levied pursuant to section 351.021 of the Revised Code.

(2)
The board of county commissioners shall establish all regulations
necessary to provide for the administration and allocation of the tax
that are not inconsistent with this section or section 307.671 of the
Revised Code. The regulations may prescribe the time for payment of
the tax, and may provide for the imposition of a penalty or interest,
or both, for late payments, provided that the penalty does not exceed
ten per cent of the amount of tax due, and the rate at which interest
accrues does not exceed the rate per annum prescribed pursuant to
section 5703.47 of the Revised Code.

(3)
All revenues arising from the tax shall be expended in accordance
with section 307.671 of the Revised Code and division (N) of this
section. The levy of a tax imposed under division (N) of this section
may not commence prior to the first day of the month next following
the execution of the cooperative agreement authorized by section
307.671 of the Revised Code by all parties to that agreement.

(4)
The tax shall remain in effect at the rate at which it is imposed for
the period of time described in division (C) of section 307.671 of
the Revised Code for which the revenue from the tax has been pledged
by the county to the corporation pursuant to that section, but, to
any extent provided for in the cooperative agreement, for no lesser
period than the period of time required for payment of the debt
service charges on bonds, or notes in anticipation of bonds,
described in division (B)(1)(b) of that section.

(O)(1)
For the purpose of paying the costs of acquiring, constructing,
equipping, and improving a municipal educational and cultural
facility, including debt service charges on bonds provided for in
division (B) of section 307.672 of the Revised Code, and for any
additional purposes determined by the county in the resolution
levying the tax or amendments to the resolution, including subsequent
amendments providing for paying costs of acquiring, constructing,
renovating, rehabilitating, equipping, and improving a port authority
educational and cultural performing arts facility, as defined in
section 307.674 of the Revised Code, and including debt service
charges on bonds provided for in division (B) of section 307.674 of
the Revised Code, the legislative authority of a county, by
resolution adopted within ninety days after June 30, 1993, by a
majority of the members of the legislative authority, may levy an
additional excise tax not to exceed one and one-half per cent on
transactions by which lodging by a hotel is or is to be furnished to
transient guests. The excise tax authorized by division (O) of this
section shall be in addition to any tax that is levied pursuant to
divisions (A) to (N) of this section, to any excise tax levied
pursuant to section 5739.08 of the Revised Code, and to any excise
tax levied pursuant to section 351.021 of the Revised Code.

(2)
The legislative authority of the county shall establish all
regulations necessary to provide for the administration and
allocation of the tax. The regulations may prescribe the time for
payment of the tax, and may provide for the imposition of a penalty
or interest, or both, for late payments, provided that the penalty
does not exceed ten per cent of the amount of tax due, and the rate
at which interest accrues does not exceed the rate per annum
prescribed pursuant to section 5703.47 of the Revised Code.

(3)
All revenues arising from the tax shall be expended in accordance
with section 307.672 of the Revised Code and this division. The levy
of a tax imposed under this division shall not commence prior to the
first day of the month next following the execution of the
cooperative agreement authorized by section 307.672 of the Revised
Code by all parties to that agreement. The tax shall remain in effect
at the rate at which it is imposed for the period of time determined
by the legislative authority of the county. That period of time shall
not exceed fifteen years, except that the legislative authority of a
county with a population of less than two hundred fifty thousand
according to the most recent federal decennial census, by resolution
adopted by a majority of its members before the original tax

or
any extension thereof

expires, may extend the duration of the tax for an additional period
of time. The additional period of time by which a legislative
authority extends a tax levied under division (O) of this section
shall not exceed fifteen years.

(P)(1)
The legislative authority of a county that has levied a tax under
division (O) of this section may, by resolution adopted within one
hundred eighty days after January 4, 2001, by a majority of the
members of the legislative authority, amend the resolution levying a
tax under that division to provide for the use of the proceeds of
that tax, to the extent that it is no longer needed for its original
purpose as determined by the parties to a cooperative agreement
amendment pursuant to division (D) of section 307.672 of the Revised
Code, to pay costs of acquiring, constructing, renovating,
rehabilitating, equipping, and improving a port authority educational
and cultural performing arts facility, including debt service charges
on bonds provided for in division (B) of section 307.674 of the
Revised Code, and to pay all obligations under any guaranty
agreements, reimbursement agreements, or other credit enhancement
agreements described in division (C) of section 307.674 of the
Revised Code.

(2)
The resolution may also provide for the extension of the tax at the
same rate for the longer of the period of time determined by the
legislative authority of the county, but not to exceed an additional
twenty-five years, or the period of time required to pay all debt
service charges on bonds provided for in division (B) of section
307.672 of the Revised Code and on port authority revenue bonds
provided for in division (B) of section 307.674 of the Revised Code.

(3)
All revenues arising from the amendment and extension of the tax
shall be expended in accordance with section 307.674 of the Revised
Code and divisions (O) and (P) of this section.

(Q)(1)
As used in division (Q) of this section:

(a)
"Convention facilities authority" has the same meaning as
in section 351.01 of the Revised Code.

(b)
"Convention center" has the same meaning as in section
307.695 of the Revised Code.

(2)
Notwithstanding any contrary provision of division (N) of this
section, the legislative authority of a county with a population of
one million or more according to the most recent federal decennial
census that has levied a tax under division (N) of this section may,
by resolution adopted by a majority of the members of the legislative
authority, provide for the extension of such levy and may provide
that the proceeds of that tax, to the extent that they are no longer
needed for their original purpose as defined by a cooperative
agreement entered into under section 307.671 of the Revised Code,
shall be deposited into the county general revenue fund. The
resolution shall provide for the extension of the tax at a rate not
to exceed the rate specified in division (N) of this section for a
period of time determined by the legislative authority of the county,
but not to exceed an additional forty years.

(3)
The legislative authority of a county with a population of one
million or more that has levied a tax under division (A) of this
section may, by resolution adopted by a majority of the members of
the legislative authority, increase the rate of the tax levied by
such county under division (A) of this section to a rate not to
exceed five per cent on transactions by which lodging by a hotel is
or is to be furnished to transient guests. Notwithstanding any
contrary provision of division (A) of this section, the resolution
may provide that all collections resulting from the rate levied in
excess of three per cent, after deducting the real and actual costs
of administering the tax, shall be deposited in the county general
fund.

(4)
The legislative authority of a county with a population of one
million or more that has levied a tax under division (A) of this
section may, by resolution adopted on or before August 30, 2004, by a
majority of the members of the legislative authority, provide that
all or a portion of the proceeds of the tax levied under division (A)
of this section, after deducting the real and actual costs of
administering the tax and the amounts required to be returned to
townships and municipal corporations with respect to the first three
per cent levied under division (A) of this section, shall be
deposited in the county general fund, provided that such proceeds
shall be used to satisfy any pledges made in connection with an
agreement entered into under section 307.695 of the Revised Code.

(5)
No amount collected from a tax levied, extended, or required to be
deposited in the county general fund under division (Q) of this
section shall be contributed to a convention facilities authority,
corporation, or other entity created after July 1, 2003, for the
principal purpose of constructing, improving, expanding, equipping,
financing, or operating a convention center unless the mayor of the
municipal corporation in which the convention center is to be
operated by that convention facilities authority, corporation, or
other entity has consented to the creation of that convention
facilities authority, corporation, or entity. Notwithstanding any
contrary provision of section 351.04 of the Revised Code, if a tax is
levied by a county under division (Q) of this section, the board of
county commissioners of that county may determine the manner of
selection, the qualifications, the number, and terms of office of the
members of the board of directors of any convention facilities
authority, corporation, or other entity described in division (Q)(5)
of this section.

(6)(a)
No amount collected from a tax levied, extended, or required to be
deposited in the county general fund under division (Q) of this
section may be used for any purpose other than paying the direct and
indirect costs of constructing, improving, expanding, equipping,
financing, or operating a convention center and for the real and
actual costs of administering the tax, unless, prior to the adoption
of the resolution of the legislative authority of the county
authorizing the levy, extension, increase, or deposit, the county and
the mayor of the most populous municipal corporation in that county
have entered into an agreement as to the use of such amounts,
provided that such agreement has been approved by a majority of the
mayors of the other municipal corporations in that county. The
agreement shall provide that the amounts to be used for purposes
other than paying the convention center or administrative costs
described in division (Q)(6)(a) of this section be used only for the
direct and indirect costs of capital improvements, including the
financing of capital improvements, except that the agreement may
subsequently be amended by the parties that have entered into that
agreement to authorize such amounts to instead be used for any costs
related to the promotion or support of tourism or tourism-related
programs.

(b)
If the county in which the tax is levied has an association of mayors
and city managers, the approval of that association of an agreement
described in division (Q)(6)(a) of this section shall be considered
to be the approval of the majority of the mayors of the other
municipal corporations for purposes of that division.

(7)
Each year, the auditor of state shall conduct an audit of the uses of
any amounts collected from taxes levied, extended, or deposited under
division (Q) of this section and shall prepare a report of the
auditor of state's findings. The auditor of state shall submit the
report to the legislative authority of the county that has levied,
extended, or deposited the tax, the speaker of the house of
representatives, the president of the senate, and the leaders of the
minority parties of the house of representatives and the senate.

(R)(1)
As used in division (R) of this section:

(a)
"Convention facilities authority" has the same meaning as
in section 351.01 of the Revised Code.

(b)
"Convention center" has the same meaning as in section
307.695 of the Revised Code.

(2)
Notwithstanding any contrary provision of division (N) of this
section, the legislative authority of a county with a population of
one million two hundred thousand or more according to the most recent
federal decennial census or the most recent annual population
estimate published or released by the United States census bureau at
the time the resolution is adopted placing the levy on the ballot,
that has levied a tax under division (N) of this section may, by
resolution adopted by a majority of the members of the legislative
authority, provide for the extension of such levy and may provide
that the proceeds of that tax, to the extent that the proceeds are no
longer needed for their original purpose as defined by a cooperative
agreement entered into under section 307.671 of the Revised Code and
after deducting the real and actual costs of administering the tax,
shall be used for paying the direct and indirect costs of
constructing, improving, expanding, equipping, financing, or
operating a convention center. The resolution shall provide for the
extension of the tax at a rate not to exceed the rate specified in
division (N) of this section for a period of time determined by the
legislative authority of the county, but not to exceed an additional
forty years.

(3)
The legislative authority of a county with a population of one
million two hundred thousand or more that has levied a tax under
division (A) of this section may, by resolution adopted by a majority
of the members of the legislative authority, increase the rate of the
tax levied by such county under division (A) of this section to a
rate not to exceed five per cent on transactions by which lodging by
a hotel is or is to be furnished to transient guests. Notwithstanding
any contrary provision of division (A) of this section, the
resolution shall provide that all collections resulting from the rate
levied in excess of three per cent, after deducting the real and
actual costs of administering the tax, shall be used for paying the
direct and indirect costs of constructing, improving, expanding,
equipping, financing, or operating a convention center.

(4)
The legislative authority of a county with a population of one
million two hundred thousand or more that has levied a tax under
division (A) of this section may, by resolution adopted on or before
July 1, 2008, by a majority of the members of the legislative
authority, provide that all or a portion of the proceeds of the tax
levied under division (A) of this section, after deducting the real
and actual costs of administering the tax and the amounts required to
be returned to townships and municipal corporations with respect to
the first three per cent levied under division (A) of this section,
shall be used to satisfy any pledges made in connection with an
agreement entered into under section 307.695 of the Revised Code or
shall otherwise be used for paying the direct and indirect costs of
constructing, improving, expanding, equipping, financing, or
operating a convention center.

(5)
Any amount collected from a tax levied or extended under division (R)
of this section may be contributed to a convention facilities
authority created before July 1, 2005, but no amount collected from a
tax levied or extended under division (R) of this section may be
contributed to a convention facilities authority, corporation, or
other entity created after July 1, 2005, unless the mayor of the
municipal corporation in which the convention center is to be
operated by that convention facilities authority, corporation, or
other entity has consented to the creation of that convention
facilities authority, corporation, or entity.

(S)
As used in division (S) of this section, "soldiers' memorial"
means a memorial constructed and funded under Chapter 345. of the
Revised Code.

The
board of county commissioners of a county with a population between
one hundred three thousand and one hundred seven thousand according
to the most recent federal decennial census, by resolution adopted by
a majority of the members of the board within six months after
September 15, 2014, may levy a tax not to exceed three per cent on
transactions by which a hotel is or is to be furnished to transient
guests. The purpose of the tax shall be to pay the costs of
expanding, maintaining, or operating a soldiers' memorial and the
costs of administering the tax. All revenue arising from the tax
shall be credited to one or more special funds in the county treasury
and shall be spent solely for the purposes of paying those costs.

The
board of county commissioners shall adopt all rules necessary to
provide for the administration of the tax subject to the same
limitations on imposing penalty or interest under division (A) of
this section.

(T)
As used in division (T) of this section:

(1)
"Eligible county" means a county in which a county
agricultural society or independent agricultural society is organized
under section 1711.01 or 1711.02 of the Revised Code, provided the
agricultural society owns a facility or site in the county at which
an annual harness horse race is conducted where one-day attendance
equals at least forty thousand attendees.

(2)
"Permanent improvements," "debt charges," and
"financing costs" have the same meanings as in section
133.01 of the Revised Code.

(3)
"Costs of permanent improvements" include all costs allowed
in section 133.15 of the Revised Code.

A
board of county commissioners of an eligible county, by resolution
adopted by a majority of the members of the board, may levy an excise
tax at the rate of up to three per cent on transactions by which
lodging by a hotel is or is to be furnished to transient guests for
the purpose of paying the costs of permanent improvements at sites at
which one or more agricultural societies conduct fairs or exhibits,
including paying financing costs and debt charges on bonds, or notes
in anticipation of bonds, paying the costs of maintaining or
operating such permanent improvements, and paying the costs of
administering the tax.

A
resolution adopted under division (T) of this section, other than a
resolution that only extends the period of time for which the tax is
levied, shall direct the board of elections to submit the question of
the proposed lodging tax to the electors of the county at a special
election held on the date specified by the board in the resolution,
provided that the election occurs not less than ninety days after a
certified copy of the resolution is transmitted to the board of
elections. A resolution submitted to the electors under division (T)
of this section shall not go into effect unless it is approved by a
majority of those voting upon it. The resolution takes effect on the
date the board of county commissioners receives notification from the
board of elections of an affirmative vote.

The
tax shall remain in effect for the period specified in the
resolution, not to exceed five years, and may be extended for an
additional period of years that is at least the number of years
required for payment of the debt charges on bonds or notes in
anticipation of bonds authorized under this division but not in
excess of fifteen years thereafter by a resolution adopted by a
majority of the members of the board. A resolution extending the
period of time for which the tax is in effect is not subject to
approval of the electors of the county, but is subject to referendum
under sections 305.31 to 305.99 of the Revised Code. All revenue
arising from the tax shall be credited to one or more special funds
in the county treasury and shall be spent solely for the purposes of
paying the costs of such permanent improvements, including paying
financing costs and debt charges on bonds, or notes in anticipation
of bonds, and maintaining or operating the improvements. Revenue
allocated for the use of a county agricultural society may be
credited to the county agricultural society fund created in section
1711.16 of the Revised Code upon appropriation by the board. If
revenue is credited to that fund, it shall be expended only as
provided in that section.

The
board of county commissioners shall adopt all rules necessary to
provide for the administration of the tax. The rules may prescribe
the time for payment of the tax, and may provide for the imposition
or penalty or interest, or both, for late payments, provided that the
penalty does not exceed ten per cent of the amount of tax due, and
the rate at which interest accrues does not exceed the rate per annum
prescribed in section 5703.47 of the Revised Code.

The
board of county commissioners may issue bonds, or notes in
anticipation thereof, pursuant to Chapter 133. of the Revised Code,
for the purpose of paying the costs of permanent improvements as
authorized in this division and pledge the revenue arising from the
tax for that purpose. The board of county commissioners may pledge or
contribute the revenue arising from the tax levied under this
division to a port authority created under Chapter 4582. of the
Revised Code, and the port authority may issue bonds, or notes in
anticipation thereof, pursuant to that chapter, for the purpose of
paying the costs of permanent improvements as authorized in this
division.

(U)
As used in division (U) of this section, "eligible county"
means a county in which a tax is levied under division (A) of this
section at a rate of three per cent and whose territory includes a
part of Lake Erie the shoreline of which represents at least fifty
per cent of the linear length of the county's border with other
counties of this state.

The
board of county commissioners of an eligible county that has entered
into an agreement with a port authority in the county under section
4582.56 of the Revised Code may levy an additional lodging tax on
transactions by which lodging by a hotel is or is to be furnished to
transient guests for the purpose of financing lakeshore improvement
projects constructed or financed by the port authority under that
section. The resolution levying the tax shall specify the purpose of
the tax, the rate of the tax, which shall not exceed two per cent,
and the number of years the tax will be levied or that it will be
levied for a continuing period of time. The tax shall be administered
pursuant to the regulations adopted by the board under division (A)
of this section, except that all the proceeds of the tax levied under
this division shall be pledged to the payment of the costs, including
debt charges, of lakeshore improvements undertaken by a port
authority pursuant to the agreement under section 4582.56 of the
Revised Code. No revenue from the tax may be used to pay the current
expenses of the port authority.

A
resolution levying a tax under division (U) of this section is
subject to referendum under sections 305.31 to 305.41 and 305.99 of
the Revised Code.

(V)(1)
As used in division (V) of this section:

(a)
"Tourism development district" means a district designated
by a municipal corporation under section 715.014 of the Revised Code
or by a township under section 503.56 of the Revised Code.

(b)
"Lodging tax" means a tax levied pursuant to this section
or section 5739.08 of the Revised Code.

(c)
"Tourism development district lodging tax proceeds" means
all proceeds of a lodging tax derived from transactions by which
lodging by a hotel located in a tourism development district is or is
to be provided to transient guests.

(d)
"Eligible county" has the same meaning as in section
307.678 of the Revised Code.

(2)(a)
Notwithstanding division (A) of this section, the board of county
commissioners, board of township trustees, or legislative authority
of any county, township, or municipal corporation that levies a
lodging tax on September 29, 2017, and in which any part of a tourism
development district is located on or after that date shall amend the
ordinance or resolution levying the tax to require either of the
following:

(i)
In the case of a tax levied by a county, that all tourism development
district lodging tax proceeds from that tax be used exclusively to
foster and develop tourism in the tourism development district;

(ii)
In the case of a tax levied by a township or municipal corporation,
that all tourism development district lodging tax proceeds from that
tax be used exclusively to foster and develop tourism in the tourism
development district.

(b)
Notwithstanding division (A) of this section, any ordinance or
resolution levying a lodging tax adopted on or after September 29,
2017, by a county, township, or municipal corporation in which any
part of a tourism development district is located on or after that
date shall require that all tourism development district lodging tax
proceeds from that tax be used exclusively to foster and develop
tourism in the tourism development district.

(c)
A county shall not use any of the proceeds described in division
(V)(2)(a)(i) or (V)(2)(b) of this section unless the convention and
visitors' bureau operating within the county approves the manner in
which such proceeds are used to foster and develop tourism in the
tourism development district. Upon obtaining such approval, the
county may pay such proceeds to the bureau to use for the agreed-upon
purpose.

A
municipal corporation or township shall not use any of the proceeds
described in division (V)(2)(a)(ii) or (V)(2)(b) of this section
unless the convention and visitors' bureau operating within the
municipal corporation or township approves the manner in which such
proceeds are used to foster and develop tourism in the tourism
development district. Upon obtaining such approval, the municipal
corporation or township may pay such proceeds to the bureau to use
for the agreed-upon purpose.

(3)(a)
Notwithstanding division (A) of this section, the board of county
commissioners of an eligible county that levies a lodging tax on
March 23, 2018, may amend the resolution levying that tax to require
that all or a portion of the proceeds of that tax otherwise required
to be spent solely to make contributions to the convention and
visitors' bureau operating within the county shall be used to foster
and develop tourism in a tourism development district.

(b)
Notwithstanding division (A) of this section, the board of county
commissioners of an eligible county that adopts a resolution levying
a lodging tax on or after March 23, 2018, may require that all or a
portion of the proceeds of that tax otherwise required to be spent
solely to make contributions to the convention and visitors' bureau
operating within the county pursuant to division (A) of this section
shall be used to foster and develop tourism in a tourism development
district.

(c)
A county shall not use any of the proceeds in the manner described in
division (V)(3)(a) or (b) of this section unless the convention and
visitors' bureau operating within the county approves the manner in
which such proceeds are used to foster and develop tourism in the
tourism development district. Upon obtaining such approval, the
county may pay such proceeds to the bureau to use for the agreed upon
purpose.

(W)(1)
As used in division (W) of this section:

(a)
"Eligible county" means a county with a population greater
than three hundred thousand and less than three hundred fifty
thousand that levies a tax under division (A) of this section at a
rate of three per cent;

(b)
"Cost" and "facility" have the same meanings as
in section 351.01 of the Revised Code.

(2)
A board of county commissioners of an eligible county, by resolution
adopted by a majority of the members of the board, may levy an excise
tax at the rate of up to three per cent on transactions by which
lodging by a hotel is or is to be furnished to transient guests. All
of the revenue from the tax shall be used to pay the costs of
administering the tax or pledged and contributed to a convention
facilities authority established by the board of county commissioners
under Chapter 351. of the Revised Code and used by the authority to
pay the cost of constructing a facility in the county, including
paying bonds, or notes issued in anticipation of bonds, as provided
by that chapter, or paying the expenses of maintaining, operating, or
promoting such a facility. No portion of the revenue arising from the
tax need be returned to municipal corporations or townships as
required for taxes levied under division (A) of this section.

(3)
A resolution adopted under division (W) of this section shall direct
the board of elections to submit the question of the proposed lodging
tax to the electors of the county at a special election held on the
date specified by the board in the resolution, provided that the
election occurs not less than ninety days after a certified copy of
the resolution is transmitted to the board of elections. A resolution
submitted to the electors under division (W) of this section shall
not go into effect unless it is approved by a majority of those
voting upon it. The resolution takes effect on the date the board of
county commissioners receives notification from the board of
elections of an affirmative vote.

(4)
Once the tax is approved by the electors of the county pursuant to
division (W)(3) of this section, it shall not be subject to
diminution by initiative or referendum or by law while any bonds, or
notes in anticipation of bonds, issued by the authority under Chapter
351. of the Revised Code to which the revenue is pledged, remain
outstanding in accordance with their terms, unless provision is made
by law or by the board of county commissioners for an adequate
substitute therefore that is satisfactory to the trustee if a trust
agreement secures the bonds.

(5)
The tax authorized by division (W) of this section shall be in
addition to any other tax that is levied pursuant to this section.

(X)(1)
As used in division (X) of this section:

(a)
"Convention facilities authority," "cost," and
"facility" have the same meanings as in section 351.01 of
the Revised Code, except that "facility" does not include a
"sports facility," as that term is defined in that section,
other than a facility intended to house a major league soccer team.

(b)
"Eligible county" means a county with a population greater
than eight hundred thousand but less than one million that levies a
tax under division (A) of this section.

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

(2)
A board of county commissioners or the legislative authority of an
eligible county may, by resolution adopted by a majority of the
members of the board or legislative authority, levy an excise tax at
a rate not to exceed one per cent on transactions by which lodging by
a hotel is or is to be furnished to transient guests. All revenue
arising from the tax shall be used to pay the costs of administering
the tax or pledged and contributed to the convention and visitors'
bureau operating within the applicable eligible county, a convention
facilities authority within the applicable eligible county, or a port
authority and used by the convention and visitors' bureau, the
convention facilities authority, or the port authority to pay the
cost of acquiring, constructing, renovating, expanding, maintaining,
or operating one or more facilities in the county, including paying
bonds, or notes issued in anticipation of bonds, or paying the
expenses of maintaining, operating, or promoting one or more
facilities. No portion of the revenue arising from the tax need be
returned to municipal corporations or townships as required for taxes
levied under division (A) of this section.

(3)
The tax authorized by division (X) of this section shall be in
addition to any other tax that is levied pursuant to this section.

(4)
Any board of county commissioners of an eligible county that,
pursuant to division (D)(2) of this section, has amended a resolution
levying the tax authorized by division (A) of this section may
further amend the resolution to provide that all or a portion of the
revenue referred to in division (D)(2)(b) of this section and
division (A) of this section may be pledged and contributed to pay
the costs of acquiring, constructing, renovating, expanding,
maintaining, or operating one or more facilities in the county,
including paying bonds, or notes issued in anticipation of bonds, or
paying the expenses of maintaining, operating, or promoting one or
more facilities.

(Y)
For the purpose of contributing revenue to pay for public safety
services in a resort area designated under section 5739.101 of the
Revised Code, a board of county commissioners may amend a resolution
adopted under division (A) of this section to increase the rate of
the tax by not more than an additional one per cent, so long as the
total tax rate levied under this section by that county does not
exceed five per cent. The revenue from that increase shall be used
exclusively to pay for public safety services in the resort area.

Sec.
5739.092.
(A)
Except as provided in division (B)

or
(C)

of this section, money collected by a county and distributed under
section 5739.09 of the Revised Code to a convention and visitors'
bureau in existence as of June 30, 2013, except for any such money
pledged, as of that date, to the payment of debt service charges on
bonds, notes, securities, or lease agreements, shall be used solely
for tourism sales, marketing and promotion, and their associated
costs, including operational and administrative costs of the bureau,
sales and marketing, and maintenance of the physical bureau
structure.

(B)
A convention and visitors' bureau that has entered into an agreement
under section 307.678 of the Revised Code may use revenue it receives
from a tax levied under division (A) of section 5739.09 of the
Revised Code as described in division (E) of section 307.678 of the
Revised Code.

(C)
The convention and visitors' bureau of a county with a population of
less than one hundred thousand and annual receipts from one or more
taxes levied pursuant to section 5739.09 of the Revised Code in
excess of five hundred thousand dollars, may, in addition to the
purposes specified in division (A) of this section, spend revenue
from a tax levied under section 5739.09 of the Revised Code to pay
the costs of public safety services, an economic development project,
or an infrastructure project, provided the services or project impact
tourism.

Sec.
5739.101.
(A)
The legislative authority of a municipal corporation, by ordinance or
resolution, or of a township, by resolution, may declare the
municipal corporation or township to be a resort area for the
purposes of this section, if all of the following criteria are met:

(1)
According to statistics published by the federal government based on
data compiled during the most recent decennial census of the United
States, at least sixty-two per cent of total housing units in the
municipal corporation or township are classified as "for
seasonal, recreational, or occasional use";

(2)
Entertainment and recreation facilities are provided within the
municipal corporation or township that are primarily intended to
provide seasonal leisure time activities for persons other than
permanent residents of the municipal corporation or township;

(3)
The municipal corporation or township experiences seasonal peaks of
employment and demand for government services as a direct result of
the seasonal population increase.

(B)
For the purpose of providing revenue for its general fund, the
legislative authority of a municipal corporation or township, in its
ordinance or resolution declaring itself a resort area under this
section, may levy a tax on the privilege of engaging in the business
of either of the following:

(1)
Making sales in the municipal corporation or township, whether
wholesale or retail, but including sales of food only to the extent
such sales are subject to the tax levied under section 5739.02 of the
Revised Code;

(2)
Intrastate transportation of passengers or property primarily to or
from the municipal corporation or township by a railroad, watercraft,
or motor vehicle subject to regulation by the public utilities
commission, except not including transportation of passengers as part
of a tour or cruise in which the passengers will stay in the
municipal corporation or township for no more than one hour.

The
tax is imposed upon and shall be paid by the person making the sales
or transporting the passengers or property.
The

Except
as provided in division (G) of this section, the
rate
of the tax shall be one-half, one, or one and one-half per cent of
the person's gross receipts derived from making the sales or
transporting the passengers or property to or from the municipal
corporation or township.

(C)
For the purpose of fostering and developing tourism in a tourism
development district designated under section 503.56 or 715.014 of
the Revised Code, the legislative authority of a municipal
corporation or township, by ordinance or resolution adopted on or
before December 31, 2020, may levy a tax on the privilege of engaging
in the business of making sales in the tourism development district,
whether wholesale or retail, but including sales of food only to the
extent such sales are subject to the tax levied under section 5739.02
of the Revised Code.

The
tax is imposed upon and shall be paid by the person making the sales.
The rate of the tax shall be one-half, one, one and one-half, or two
per cent of the person's gross receipts derived from making the sales
in the tourism development district.

(D)
A tax levied under division (B) or (C) of this section shall take
effect on the first day of the month that begins at least sixty days
after the effective date of the ordinance or resolution by which it
is levied. The legislative authority shall certify copies of the
ordinance or resolution to the tax commissioner and treasurer of
state within five days after its adoption. In addition, one time each
week during the two weeks following the adoption of the ordinance or
resolution, the legislative authority shall cause to be published in
a newspaper of general circulation in the municipal corporation or
township, or as provided in section 7.16 of the Revised Code, a
notice explaining the tax and stating the rate of the tax, the date
it will take effect, and that persons subject to the tax must
register with the tax commissioner under section 5739.103 of the
Revised Code.

(E)
No more than once a year, and subject to the rates prescribed in
division (B) or (C) of this section, the legislative authority of the
municipal corporation or township, by ordinance or resolution, may
increase or decrease the rate of a tax levied under this section. The
legislative authority, by ordinance or resolution, at any time may
repeal such a tax. The legislative authority shall certify to the tax
commissioner and treasurer of state copies of the ordinance or
resolution repealing or changing the rate of the tax within five days
after its adoption. In addition, one time each week during the two
weeks following the adoption of the ordinance or resolution, the
legislative authority shall cause to be published in a newspaper of
general circulation in the municipal corporation or township, or as
provided in section 7.16 of the Revised Code, notice of the repeal or
change.

(F)
A person may separately or proportionately bill or invoice a tax
levied pursuant to division (B) or (C) of this section to another
person.

(G)
The legislative authority of a municipal corporation, by ordinance or
resolution, or of a township, by resolution, may increase the rate of
the tax levied under division (B) of this section to two or two and
one-half per cent with the approval of a majority of the electors of
the municipal corporation or township voting on the question at a
general or special election. The municipal corporation or township
shall certify a copy of the ordinance or resolution to the tax
commissioner within five days after its adoption. In addition, one
time each week during the two weeks following the adoption of the
ordinance or resolution, the legislative authority shall cause to be
published in a newspaper of general circulation in the municipal
corporation or township, or as provided in section 7.16 of the
Revised Code, a notice explaining the tax and stating the current
rate of the tax, what the rate would be if subject to the proposed
increase, and the date it will take effect, if approved by electors.

The
legislative authority of the municipal corporation or township shall
file with the board of elections at least ninety days before the day
of the election a copy of the ordinance or resolution, which shall
specify the date the election is to be held and directs the board of
elections to conduct the election. The ballot shall be in the
following form: "Shall the rate of a resort area tax levied by
____ (name of municipal corporation or township) from ___% to ___% be
passed?

For
the resort area tax increase

Against
the resort area tax increase

"

A
tax levied under division (G) of this section takes effect on the
first day of the calendar quarter that begins at least sixty-five
days after the date the tax commissioner receives notice of the
affirmative vote.

Sec.
5739.12.
(A)(1)
Each person who has or is required to have a vendor's license, on or
before the twenty-third day of each month, shall make and file a
return for the preceding month in the form prescribed by the tax
commissioner, and shall pay the tax shown on the return to be due.
The return shall be filed electronically using the Ohio business
gateway, as defined in section 718.01 of the Revised Code, the Ohio
telefile system, or any other electronic means prescribed by the
commissioner. Payment of the tax shown on the return to be due shall
be made electronically in a manner approved by the commissioner. The
commissioner may require a vendor that operates from multiple
locations or has multiple vendor's licenses to report all tax
liabilities on one consolidated return. The return shall show the
amount of tax due from the vendor to the state for the period covered
by the return and such other information as the commissioner deems
necessary for the proper administration of this chapter. The
commissioner may extend the time for making and filing returns and
paying the tax, and may require that the return for the last month of
any annual or semiannual period, as determined by the commissioner,
be a reconciliation return detailing the vendor's sales activity for
the preceding annual or semiannual period. The reconciliation return
shall be filed by the last day of the month following the last month
of the annual or semiannual period. The commissioner may remit all or
any part of amounts or penalties that may become due under this
chapter and may adopt rules relating thereto. Such return shall be
filed electronically as directed by the tax commissioner, and payment
of the amount of tax shown to be due thereon, after deduction of any
discount provided for under this section, shall be made
electronically in a manner approved by the tax commissioner.

(2)
Any person required to file returns and make payments electronically
under division (A)(1) of this section may apply to the tax
commissioner on a form prescribed by the commissioner to be excused
from that requirement. For good cause shown, the commissioner may
excuse the person from that requirement and may permit the person to
file the returns and make the payments required by this section by
nonelectronic means.

(B)(1)
If the return is filed and the amount of tax shown thereon to be due
is paid on or before the date such return is required to be filed,
the vendor shall be entitled to a discount of three-fourths of one
per cent of the amount shown to be due on the return.

The
amount of the discount on the basis of sales other than the sales,
including leases, of motor vehicles shall not exceed seven hundred
fifty dollars per vendor's license for each month covered by the
return.

(2)
A vendor that has selected a certified service provider as its agent
shall not be entitled to the discount if the certified service
provider receives a monetary allowance pursuant to section 5739.06 of
the Revised Code for performing the vendor's sales and use tax
functions in this state. Amounts paid to the clerk of courts pursuant
to section 4505.06 of the Revised Code shall be subject to the
applicable discount. The discount shall be in consideration for
prompt payment to the clerk of courts and for other services
performed by the vendor in the collection of the tax.

(C)(1)
Upon application to the tax commissioner, a vendor who is required to
file monthly returns may be relieved of the requirement to report and
pay the actual tax due, provided that the vendor agrees to remit to
the commissioner payment of not less than an amount determined by the
commissioner to be the average monthly tax liability of the vendor,
based upon a review of the returns or other information pertaining to
such vendor for a period of not less than six months nor more than
two years immediately preceding the filing of the application.
Vendors who agree to the above conditions shall make and file an
annual or semiannual reconciliation return, as prescribed by the
commissioner. The reconciliation return shall be filed electronically
as directed by the tax commissioner, and payment of the amount of tax
shown to be due thereon, after deduction of any discount provided in
this section, shall be made electronically in a manner approved by
the commissioner. Failure of a vendor to comply with any of the above
conditions may result in immediate reinstatement of the requirement
of reporting and paying the actual tax liability on each monthly
return, and the commissioner may at the commissioner's discretion
deny the vendor the right to report and pay based upon the average
monthly liability for a period not to exceed two years. The amount
ascertained by the commissioner to be the average monthly tax
liability of a vendor may be adjusted, based upon a review of the
returns or other information pertaining to the vendor for a period of
not less than six months nor more than two years preceding such
adjustment.

(2)
The commissioner may authorize vendors whose tax liability is not
such as to merit monthly returns, as ascertained by the commissioner
upon the basis of administrative costs to the state, to make and file
returns at less frequent intervals. When returns are filed at less
frequent intervals in accordance with such authorization, the vendor
shall be allowed the discount provided in this section in
consideration for prompt payment with the return, provided the return
is filed and payment is made of the amount of tax shown to be due
thereon, at the time specified by the commissioner, but a vendor that
has selected a certified service provider as its agent shall not be
entitled to the discount.

(D)
Any vendor who fails to file a return or to pay the full amount of
the tax shown on the return to be due in the manner prescribed under
this section and the rules of the commissioner may, for each such
return, be required to forfeit and pay into the state treasury an
additional charge not exceeding fifty dollars or ten per cent of the
tax required to be paid for the reporting period, whichever is
greater, as revenue arising from the tax imposed by this chapter, and
such sum may be collected by assessment in the manner provided in
section 5739.13 of the Revised Code. The commissioner may remit all
or a portion of the additional charge and may adopt rules relating to
the imposition and remission of the additional charge.

(E)
If the amount required to be collected by a vendor from consumers is
in excess of the applicable percentage of the vendor's receipts from
sales that are taxable under section 5739.02 of the Revised Code, or
in the case of sales subject to a tax levied pursuant to section
5739.021, 5739.023, or 5739.026 of the Revised Code, in excess of the
percentage equal to the aggregate rate of such taxes and the tax
levied by section 5739.02 of the Revised Code, such excess shall be
remitted along with the remittance of the amount of tax due under
section 5739.10 of the Revised Code.

(F)
The commissioner, if the commissioner deems it necessary in order to
insure the payment of the tax imposed by this chapter, may require
returns and payments to be made for other than monthly periods.

(G)
Any vendor required to file a return and pay the tax under this
section whose total payment for a year equals or exceeds the amount
shown in division (A) of section 5739.122 of the Revised Code is
subject to the accelerated tax payment requirements in divisions (B)
and (C) of that section. For a vendor that operates from multiple
locations or has multiple vendor's licenses, in determining whether
the vendor's total payment equals or exceeds the amount shown in
division (A) of that section, the vendor's total payment amount shall
be the amount of the vendor's total tax liability for the previous
calendar year for all of the vendor's locations or licenses.

Sec.
5739.13.
(A)
If any vendor collects the tax imposed by or pursuant to section
5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code, and
fails to remit the tax to the state as prescribed, or on the sale of
a motor vehicle, watercraft, or outboard motor required to be titled,
fails to remit payment to a clerk of a court of common pleas as
provided in section 1548.06 or 4505.06 of the Revised Code, the
vendor shall be personally liable for any tax collected and not
remitted. The tax commissioner may make an assessment against such
vendor based upon any information in the commissioner's possession.

If
any vendor fails to collect the tax or any consumer fails to pay the
tax imposed by or pursuant to section 5739.02, 5739.021, 5739.023, or
5739.026 of the Revised Code, on any transaction subject to the tax,
the vendor or consumer shall be personally liable for the amount of
the tax applicable to the transaction. The commissioner may make an
assessment against either the vendor or consumer, as the facts may
require, based upon any information in the commissioner's possession.

An
assessment against a vendor when the tax imposed by or pursuant to
section 5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code
has not been collected or paid, shall not discharge the purchaser's
or consumer's liability to reimburse the vendor for the tax
applicable to such transaction.

An
assessment issued against either, pursuant to this section, shall not
be considered an election of remedies, nor a bar to an assessment
against the other for the tax applicable to the same transaction,
provided that no assessment shall be issued against any person for
the tax due on a particular transaction if the tax on that
transaction actually has been paid by another.

The
commissioner may make an assessment against any vendor who fails to
file a return or remit the proper amount of tax required by this
chapter, or against any consumer who fails to pay the proper amount
of tax required by this chapter. When information in the possession
of the commissioner indicates that the amount required to be
collected or paid under this chapter is greater than the amount
remitted by the vendor or paid by the consumer, the commissioner may
audit a sample of the vendor's sales or the consumer's purchases for
a representative period, to ascertain the per cent of exempt or
taxable transactions or the effective tax rate and may issue an
assessment based on the audit. The commissioner shall make a good
faith effort to reach agreement with the vendor or consumer in
selecting a representative sample.

The
commissioner may make an assessment, based on any information in the
commissioner's possession, against any person who fails to file a
return or remit the proper amount of tax required by section 5739.102
of the Revised Code.

The
commissioner may issue an assessment on any transaction for which any
tax imposed under this chapter or Chapter 5741. of the Revised Code
was due and unpaid on the date the vendor or consumer was informed by
an agent of the tax commissioner of an investigation or audit. If the
vendor or consumer remits any payment of the tax for the period
covered by the assessment after the vendor or consumer was informed
of the investigation or audit, the payment shall be credited against
the amount of the assessment.

The
commissioner shall give the party assessed written notice of the
assessment in the manner provided in section 5703.37 of the Revised
Code. With the notice, the commissioner shall provide instructions on
how to petition for reassessment and request a hearing on the
petition.

(B)
Unless the party assessed files with the commissioner within sixty
days after service of the notice of assessment
,
either personally or by certified mail,

a written petition for reassessment, signed by the party assessed or
that party's authorized agent having knowledge of the facts, the
assessment becomes final and the amount of the assessment is due from
the party assessed and payable to the treasurer of state and remitted
to the tax commissioner. The petition shall indicate the objections
of the party assessed, but additional objections may be raised in
writing if received by the commissioner prior to the date shown on
the final determination. If the petition has been properly filed, the
commissioner shall proceed under section 5703.60 of the Revised Code.

(C)
After an assessment becomes final, if any portion of the assessment
remains unpaid, including accrued interest, a certified copy of the
commissioner's entry making the assessment final may be filed in the
office of the clerk of the court of common pleas in the county in
which the place of business of the party assessed is located or the
county in which the party assessed resides. If the party assessed
maintains no place of business in this state and is not a resident of
this state, the certified copy of the entry may be filed in the
office of the clerk of the court of common pleas of Franklin county.

Immediately
upon the filing of the entry, the clerk shall enter a judgment for
the state against the party assessed in the amount shown on the
entry. The judgment may be filed by the clerk in a loose-leaf book
entitled "special judgments for state, county, and transit
authority retail sales tax" or, if appropriate, "special
judgments for resort area excise tax," and shall have the same
effect as other judgments. Execution shall issue upon the judgment
upon the request of the tax commissioner, and all laws applicable to
sales on execution shall apply to sales made under the judgment
except as otherwise provided in this chapter.

If
the assessment is not paid in its entirety within sixty days after
the date the assessment was issued, the portion of the assessment
consisting of tax due shall bear interest at the rate per annum
prescribed by section 5703.47 of the Revised Code from the day the
tax commissioner issues the assessment until the assessment is paid
or until it is certified to the attorney general for collection under
section 131.02 of the Revised Code, whichever comes first. If the
unpaid portion of the assessment is certified to the attorney general
for collection, the entire unpaid portion of the assessment shall
bear interest at the rate per annum prescribed by section 5703.47 of
the Revised Code from the date of certification until the date it is
paid in its entirety. Interest shall be paid in the same manner as
the tax and may be collected by issuing an assessment under this
section.

(D)
All money collected by the tax commissioner under this section shall
be paid to the treasurer of state, and when paid shall be considered
as revenue arising from the taxes imposed by or pursuant to sections
5739.01 to 5739.31 of the Revised Code.

Sec.
5739.132.
(A)
If a tax, fee, or charge due under this chapter or Chapter 128. or
5741. of the Revised Code is not paid on or before the day the
payment is required to be paid, interest shall accrue on the unpaid
tax, fee, or charge at the rate per annum prescribed by section
5703.47 of the Revised Code from the day the tax, fee, or charge was
required to be paid until the tax, fee, or charge is paid or until
the day an assessment is issued under section 5739.13 or 5739.15 of
the Revised Code, whichever occurs first. Interest shall be paid in
the same manner as the tax, fee, or charge, and may be collected by
assessment.

(B)
Interest
(B)(1)
Except as provided in division (B)(2) of this section, interest
shall
be allowed and paid on any refund granted pursuant to section 128.47,
5739.07, or 5741.10 of the Revised Code from the date of the
overpayment. The interest shall be computed at the rate per annum
prescribed by section 5703.47 of the Revised Code.

(2)
No interest shall be allowed or paid on a refund of a tax levied
pursuant to section 5739.021, 5739.026, 5741.021, or 5741.023 of the
Revised Code.

Sec.
5739.31.
(A)(1)
No person shall engage in the business of selling at retail or sell
at retail incidental to any other regularly conducted business
without having a license therefor, as required by sections 5739.01 to
5739.31 of the Revised Code.

(2)
No person shall engage in the business of selling at retail as a
transient vendor, as defined in section 5739.17 of the Revised Code,
without first having obtained a license as required by that section.

(B)
No person shall continue to engage in the business of selling at
retail or sell at retail incidental to any other regularly conducted
business after the license issued to that person pursuant to section
5739.17 of the Revised Code has been suspended by the tax
commissioner under division (B)(2) of section 5739.30 of the Revised
Code, nor shall any person obtain a new license from
the

any

county
auditor or the tax commissioner while such suspension is in effect.
If a corporation's license has been suspended, none of its officers,
or employees having control or supervision of or charged with the
responsibility of filing returns and making payments of tax due,
shall obtain a license from
the

any

county
auditor or the tax commissioner during the period of such suspension.

The
tax commissioner may cancel any licenses granted while the suspension
is in effect.

Sec.
5743.021.
(A)
As used in this section, "qualifying regional arts and cultural
district" means a regional arts and cultural district created
under section 3381.04 of the Revised Code in a county
having

that
either has
a
population of
one
million two hundred thousand or more according to the 2000 federal
decennial census
at
least eight hundred thousand or has adopted a charter under Ohio
Constitution, Article X, Section 3
.

(B)
For one or more of the purposes for which a tax may be levied under
section 3381.16 of the Revised Code and for the purposes of paying
the expenses of administering the tax and the expenses charged by a
board of elections to hold an election on a question submitted under
this section, the board of county commissioners of a county that has
within its territorial boundaries a qualifying regional arts and
cultural district may levy a tax on the sale of cigarettes sold for
resale at retail in the county composing the district computed on
each cigarette sold. The rate of the tax, when added to the rate of
any other tax concurrently levied by the board under this section,
shall equal one of the following:

(1)
If the tax begins to apply before May 1, 2023, up to fifteen mills
per cigarette;

(2)
If the tax begins to apply on or after
the
first day of the first month after the effective date of this
amendment
May
1, 2023
,
the rate, in mills per cigarette, specified in the resolution levying
the tax.

Only
one sale of the same article shall be used in computing the amount of
tax due. The tax may be levied for any number of years not exceeding
ten years.

The
tax shall be levied pursuant to a resolution of the board of county
commissioners approved by a majority of the electors in the county
voting on the question of levying the tax. The resolution shall
specify the rate of the tax, the number of years the tax will be
levied, and the purposes for which the tax is levied. The election
may be held on the date of a general, primary, or special election
held not sooner than ninety days after the date the board certifies
its resolution to the board of elections. If approved by the
electors, the tax shall take effect on the first day of the month
specified in the resolution but not sooner than the first day of the
month that is at least sixty days after the certification of the
election results by the board of elections. A copy of the resolution
levying the tax shall be certified to the tax commissioner at least
sixty days prior to the date on which the tax is to become effective.

A
board of county commissioners may adopt a resolution under this
division proposing to replace a tax levied under division (B)(1) of
this section with a tax levied under division (B)(2) of this section.
Such a resolution shall state, in addition to other information
required under this division, that the existing levy or levies
terminate upon the passage of the replacement levy. The failure of
the electors to approve a replacement levy does not terminate the
existing levy or levies.

(C)(1)
The form of the ballot in an election held to propose a tax under
division (B)(1) of this section shall be as follows, or in any other
form acceptable to the secretary of state:

"For
the purpose of __________ (insert the purpose or purposes of the
tax), shall an excise tax be levied throughout __________ County for
the benefit of the ___________ (name of the qualifying regional arts
and cultural district) on the sale of cigarettes at wholesale at the
rate of ____ mills per cigarette for _____ years?

For
the tax

Against
the tax

"

(2)
The form of the ballot in an election held to propose a tax under
division (B)(2) of this section shall be as follows, or in any other
form acceptable to the secretary of state:

"For
the purpose of __________ (insert the purpose or purposes of the
tax), shall an excise tax be levied throughout __________ County for
the benefit of the ___________ (name of the qualifying regional arts
and cultural district) on the sale of cigarettes at wholesale at the
rate of ____ mills per cigarette for _____ years?

For
the tax

Against
the tax

"

"

If
the resolution of the board of county commissioners provides that an
existing levy or levies will be terminated upon the passage of a
replacement levy, the ballot must, for each levy that will be
terminated, include a statement that: "An existing tax of ___
mills (stating the millage of the existing tax) per cigarette, having
___ years remaining, will be terminated and replaced upon the passage
of this tax."

(D)
All money arising from taxes levied on behalf of each district under
this section and section 5743.321 of the Revised Code shall be
credited as follows:

(1)
To the tax refund fund created by section 5703.052 of the Revised
Code, amounts equal to the refunds from each tax levied under this
section and section 5743.321 of the Revised Code and certified by the
tax commissioner pursuant to section 5743.05 of the Revised Code;

(2)
Following the crediting of amounts pursuant to division (D)(1) of
this section:

(a)
To the permissive tax distribution fund created under section
4301.423 of the Revised Code, an amount equal to ninety-eight per
cent of the remainder collected;

(b)
To the local excise tax administrative fund, which is hereby created
in the state treasury, an amount equal to two per cent of such
remainder, for use by the tax commissioner in defraying costs
incurred in administering the tax.

On
or before the tenth day of each month, the tax commissioner shall
distribute the amount credited to the permissive tax distribution
fund during the preceding month by providing for payment of the
appropriate amount to the county treasurer of the county in which the
tax is levied.

(E)
No tax shall be levied under divisions (B)(1) and (2) of this section
during the same month.

Sec.
5743.024.
(A)
For the purposes of section 307.696 of the Revised Code, to pay the
expenses of administering the tax, and to pay any or all of the
charge the board of elections makes against the county to hold the
election on the question of levying the tax, or for such purposes and
to provide revenues to the county for permanent improvements, the
board of county commissioners may levy a tax on sales of cigarettes
sold for resale at retail in the county. The tax shall not exceed two
and twenty-five hundredths of a mill per cigarette, and shall be
computed on each cigarette sold. The tax may be levied for any number
of years not exceeding twenty. Only one sale of the same article
shall be used in computing the amount of tax due.

The
tax shall be levied pursuant to a resolution of the county
commissioners approved by a majority of the electors in the county
voting on the question of levying the tax. The resolution shall
specify the rate of the tax, the number of years the tax will be
levied, and the purposes for which the tax is levied. Such election
may be held on the date of a general or special election held not
sooner than ninety days after the date the board certifies its
resolution to the board of elections. If approved by the electors,
the tax shall take effect on the first day of the month specified in
the resolution but not sooner than the first day of the month that is
at least sixty days after the certification of the election results
by the board of elections. A copy of the resolution levying the tax
shall be certified to the tax commissioner at least sixty days prior
to the date on which the tax is to become effective.

A
resolution under this section may be joined on the ballot as a single
question with a resolution adopted under section 307.697 or 4301.421
of the Revised Code to levy a tax for the same purposes and for the
purpose of paying the expenses of administering the tax. The form of
the ballot in an election held pursuant to this section shall be as
prescribed in section 307.697 of the Revised Code.

(B)
All money arising from each county's taxes levied under this section
and section 5743.323 of the Revised Code shall be credited as
follows:

(1)
To the tax refund fund created by section 5703.052 of the Revised
Code, amounts equal to the refunds from each tax levied under this
section certified by the tax commissioner pursuant to section 5743.05
of the Revised Code;

(2)
Following the crediting of amounts pursuant to division (B)(1) of
this section:

(a)
To the permissive tax distribution fund created by division (B)(1) of
section 4301.423 of the Revised Code, an amount equal to ninety-eight
per cent of the remainder collected;

(b)
To the local excise tax administrative fund, which is hereby created
in the state treasury, an amount equal to two per cent of such
remainder, for use by the tax commissioner in defraying costs
incurred in administering the tax.

On
or before the tenth day of each month, the tax commissioner shall
distribute the amount credited to the permissive tax distribution
fund during the preceding month by providing for payment of the
appropriate amount to the county treasurer of each county levying the
tax.

(C)
The board of county commissioners of a county in which a tax is
imposed under this section on the effective date of the amendment of
this section by H.B. 59 of the 130th general assembly, September 29,
2013, may levy a tax for the purpose of section 307.673 of the
Revised Code regardless of whether or not the cooperative agreement
authorized under that section has been entered into prior to the day
the resolution adopted under division (C)(1) or (2) of this section
is adopted, for the purpose of reimbursing a county for costs
incurred in the construction of a sports facility pursuant to an
agreement entered into by the county under section 307.696 of the
Revised Code, or for the purpose of paying the costs of capital
repairs of and improvements to a sports facility. The tax shall be
levied and approved in one of the manners prescribed by division
(C)(1) or (2) of this section.

(1)
The tax may be levied pursuant to a resolution adopted by a majority
of the members of the board of county commissioners not later than
forty-five days after July 19, 1995. A board of county commissioners
approving a tax under division (C)(1) of this section may approve a
tax under division (D)(1) of section 307.697 or division (B)(1) of
section 4301.421 of the Revised Code at the same time. Subject to the
resolution being submitted to a referendum under sections 305.31 to
305.41 of the Revised Code, the resolution shall take effect
immediately, but the tax levied pursuant to the resolution shall not
be levied prior to the day following the last day that any tax
previously levied pursuant to this division may be levied.

(2)
The tax may be levied pursuant to a resolution adopted by a majority
of the members of the board of county commissioners not later than
September 1, 2015, and approved by a majority of the electors of the
county voting on the question of levying the tax. The board of county
commissioners shall certify a copy of the resolution to the board of
elections immediately upon adopting a resolution under division
(C)(2) of this section. The election may be held on the date of a
general or special election held not sooner than ninety days after
the date the board certifies its resolution to the board of
elections. The form of the ballot shall be as prescribed by division
(C) of section 307.697 of the Revised Code, except that the phrase
"paying not more than one-half of the costs of providing a
sports facility together with related redevelopment and economic
development projects" shall be replaced by the phrase "paying
the costs of constructing, renovating, improving, or repairing a
sports facility and reimbursing a county for costs incurred by the
county in the construction of a sports facility," and the phrase
", beginning __________ (here insert the earliest date the tax
would take effect)" shall be appended after "years." A
board of county commissioners submitting the question of a tax under
division (C)(2) of this section may submit the question of a tax
under division (D)(2) of section 307.697 or division (B)(2) of
section 4301.421 of the Revised Code as a single question, and the
form of the ballot shall include each of the proposed taxes.

If
approved by a majority of electors voting on the question, the tax
shall take effect on the day specified on the ballot, which shall not
be earlier than the day following the last day that any tax
previously levied pursuant to this division may be levied.

The
rate of a tax levied pursuant to division (C)(1) or (2) of this
section shall not exceed the rate specified in division (A) of this
section. A tax levied pursuant to division (C)(1) or (2) of this
section may be levied for any number of years not exceeding twenty.

A
board of county commissioners adopting a resolution under this
division shall certify a copy of the resolution to the tax
commissioner immediately upon adoption of the resolution.

(D)

The
board of county commissioners of a county whose population is greater
than one million one hundred thousand but less than one million three
hundred thousand may levy a tax under this division for the purpose
of section 307.673 of the Revised Code regardless of whether or not
the cooperative agreement authorized under that section has been
entered into prior to the day the resolution adopted under division
(D) of this section is adopted, for the purpose of reimbursing a
county for costs incurred in the construction of a sports facility
pursuant to an agreement entered into by the county under section
307.696 of the Revised Code, or for the purpose of paying the costs
of constructing, equipping, furnishing, maintaining, renovating,
improving, or repairing a sports facility. The tax may be levied for
any number of years or for a continuing period of time.

The
tax may be levied pursuant to a resolution adopted by the board of
county commissioners and approved by a majority of the electors of
the county voting on the question of levying the tax. The board of
county commissioners shall certify a copy of the resolution to the
board of elections immediately upon adopting a resolution under
division (D) of this section. The election may be held on the date of
a general or special election held not sooner than ninety days after
the date the board certifies its resolution to the board of
elections. The form of the ballot shall be as follows:

"For
the purpose of ______ (state the purpose or purposes), shall an
excise tax be levied by __________ county at the rate of ______ mills
per cigarette on the sale of cigarettes at wholesale in the county
for ____ (number of years or a continuing period of time), the tax
beginning on __________ (the earliest date the tax would take
effect)?

Yes

No

"

A
board of county commissioners submitting the question of a tax under
division (D) of this section may submit the question of a tax under
section 5743.511, division (E) of section 307.697, or division (C) of
section 4301.421 of the Revised Code, or all, as a single question,
provided that each tax is for the same purpose and period of time and
the form of the ballot states the rate of each of the proposed taxes.

If
approved by a majority of electors voting on the question, the tax
shall take effect on the date specified in the resolution but not
sooner than the first day of the month that is at least sixty days
after the certification of the election results by the board of
elections. The tax levied under division (D) of this section may be
approved and take effect before the expiration of the tax levied
under division (C) of this section. The tax levied under division (D)
of this section shall supersede and replace any tax levied under
division (C) of this section, and the tax levied under division (C)
of this section shall no longer be levied once the tax levied under
division (D) of this section takes effect.

The
rate of tax levied pursuant to division (D) shall be imposed at a
rate not to exceed four and one-half mills per each cigarette sold
for resale at retail in the county. The tax levied pursuant to
division (D) of this section shall be in addition to the tax imposed
by section 5743.02 of the Revised Code.

Only
one sale of the same article shall be used in computing, reporting,
and paying the amount of tax due.

A
board of county commissioners adopting a resolution under division
(D) of this section shall certify a copy of the resolution to the tax
commissioner immediately upon adoption of the resolution.

(E)

No
tax shall be levied under division (A) of this section on or after
September 23, 2008. This division does not apply to a tax levied
under division (C)
or
(D)
of
this section, and does not prevent the collection of any tax levied
under this section before September 23, 2008, so long as that tax
remains effective.

Sec.
5743.081.
(A)
If any wholesale dealer or retail dealer fails to pay the tax levied
under section 5743.02, 5743.021, 5743.024, or 5743.026 of the Revised
Code as required by sections 5743.01 to 5743.20 of the Revised Code,
and by the rules of the tax commissioner, or fails to collect the tax
from the purchaser or consumer, the commissioner may make an
assessment against the wholesale or retail dealer based upon any
information in the commissioner's possession.

The
commissioner may make an assessment against any wholesale or retail
dealer who fails to file a return required by section 5743.03 or
5743.025 of the Revised Code.

No
assessment shall be made against any wholesale or retail dealer for
any taxes imposed under section 5743.02, 5743.021, 5743.024, or
5743.026 of the Revised Code more than three years after the last day
of the calendar month that immediately follows the monthly period
prescribed in section 5743.03 of the Revised Code in which the sale
was made, or more than three years after the return for the month in
which the sale was made is filed, whichever is later. This section
does not bar an assessment against any wholesale or retail dealer who
fails to file a return as required by section 5743.025 or 5743.03 of
the Revised Code, or who files a fraudulent return.

A
penalty of up to thirty per cent may be added to the amount of every
assessment made under this section. The commissioner may adopt rules
providing for the imposition and remission of penalties added to
assessments made under this section.

The
commissioner shall give the party assessed written notice of the
assessment in the manner provided in section 5703.37 of the Revised
Code. The notice shall specify separately any portion of the
assessment that represents a county tax. With the notice, the
commissioner shall provide instructions on how to petition for
reassessment and request a hearing on the petition.

(B)
Unless the party assessed files with the tax commissioner within
sixty days after service of the notice of assessment
,
either personally or by certified mail,

a written petition for reassessment signed by the party assessed or
that party's authorized agent having knowledge of the facts, the
assessment becomes final and the amount of the assessment is due and
payable from the party assessed to the treasurer of state. The
petition shall indicate the objections of the party assessed, but
additional objections may be raised in writing if received by the
commissioner prior to the date shown on the final determination. If
the petition has been properly filed, the commissioner shall proceed
under section 5703.60 of the Revised Code.

(C)
After an assessment becomes final, if any portion of the assessment
remains unpaid, including accrued interest, a certified copy of the
tax commissioner's entry making the assessment final may be filed in
the office of the clerk of the court of common pleas in the county in
which the wholesale or retail dealer's place of business is located
or the county in which the party assessed resides. If the party
assessed maintains no place of business in this state and is not a
resident of this state, the certified copy of the entry may be filed
in the office of the clerk of the court of common pleas of Franklin
county.

Immediately
upon the filing of the commissioner's entry, the clerk shall enter a
judgment for the state against the party assessed in the amount shown
on the entry. The judgment may be filed by the clerk in a loose-leaf
book entitled "special judgments for state cigarette sales tax,"
and shall have the same effect as other judgments. Execution shall
issue upon the judgment upon the request of the tax commissioner, and
all laws applicable to sales on execution shall apply to sales made
under the judgment, except as otherwise provided in sections 5743.01
to 5743.20 of the Revised Code.

If
the assessment is not paid in its entirety within sixty days after
the assessment was issued, the portion of the assessment consisting
of tax due shall bear interest at the rate per annum prescribed by
section 5703.47 of the Revised Code from the day the commissioner
issues the assessment until it is paid or until it is certified to
the attorney general for collection under section 131.02 of the
Revised Code, whichever comes first. If the unpaid portion of the
assessment is certified to the attorney general for collection, the
entire unpaid portion of the assessment shall bear interest at the
rate per annum prescribed by section 5703.47 of the Revised Code from
the date of certification until the date it is paid in its entirety.
Interest shall be paid in the same manner as the tax and may be
collected by the issuance of an assessment under this section.

(D)
All money collected by the tax commissioner under this section shall
be paid to the treasurer of state, and when paid shall be considered
as revenue arising from the taxes imposed by sections 5743.01 to
5743.20 of the Revised Code.

Sec.
5743.323.
(A)
For the purposes of section 307.696 of the Revised Code and to pay
the expenses of levying the tax or for such purposes and to provide
revenues to the county for permanent improvements, the board of
county commissioners of a county that levies a tax under division (A)
of section 5743.024 of the Revised Code shall by resolution adopted
by a majority of the board levy a tax at the same rate on the use,
consumption, or storage for consumption of cigarettes by consumers in
the county, provided that the tax shall not apply if the tax levied
by division (A) of section 5743.024 of the Revised Code has been
paid. The tax shall take effect on the date that a tax levied under
division (A) of section 5743.024 of the Revised Code takes effect,
and shall remain in effect as long as the tax levied under such
division remains effective.

No
tax shall be levied under division (A) of this section on or after
September 23, 2008. This paragraph does not prevent the collection of
any tax levied under this section before that date so long as that
tax remains effective.

(B)
For the purposes of section 307.696 of the Revised Code and to pay
the expenses of levying the tax or for such purposes and to provide
revenues to the county for permanent improvements, the board of
county commissioners of a county that levies a tax under division (C)
of section 5743.024 of the Revised Code shall by resolution adopted
by a majority of the board levy a tax at the same rate on the use,
consumption, or storage for consumption of cigarettes by consumers in
the county, provided that the tax shall not apply if the tax levied
by division (C) of section 5743.024 of the Revised Code has been
paid. The tax shall take effect on the date that a tax levied under
division (C) of section 5743.024 of the Revised Code takes effect,
and shall remain in effect as long as the tax levied under such
division remains effective.

(C)
For the purposes set forth in division (D) of section 5743.024 of the
Revised Code and to pay the expenses of levying the tax or for such
purposes and to provide revenues to the county for permanent
improvements, the board of county commissioners of a county that
levies a tax under division (D) of section 5743.024 of the Revised
Code shall adopt a resolution levying a tax at the same rate, on the
use, consumption, or storage for consumption of cigarettes by
consumers in the county, provided that the tax shall not apply if the
tax levied by division (D) of section 5743.024 of the Revised Code
has been paid. The tax levied by division (C) of this section shall
take effect on the date that a tax levied under division (D) of
section 5743.024 of the Revised Code takes effect, and shall remain
in effect as long as the tax levied under division (D) of section
5743.024 of the Revised Code remains effective. The tax levied under
division (C) of this section shall be in addition to the tax levied
under section 5743.32 of the Revised Code.

Sec.
5743.511.
The
board of county commissioners of a county whose population is greater
than one million one hundred thousand but less than one million three
hundred thousand may levy a tax under this section for the purpose of
section 307.673 of the Revised Code regardless of whether or not the
cooperative agreement authorized under that section has been entered
into prior to the day the resolution adopted under this section is
adopted, for the purpose of reimbursing a county for costs incurred
in the construction of a sports facility pursuant to an agreement
entered into by the county under section 307.696 of the Revised Code,
or for the purpose of paying the costs of constructing, equipping,
furnishing, maintaining, renovating, improving, or repairing a sports
facility. The tax may be levied for any number of years or for a
continuing period of time.

The
tax may be levied pursuant to a resolution adopted by the board of
county commissioners and approved by a majority of the electors of
the county voting on the question of levying the tax. The board of
county commissioners shall certify a copy of the resolution to the
board of elections immediately upon adopting a resolution under this
section. The election may be held on the date of a general or special
election held not sooner than ninety days after the date the board
certifies its resolution to the board of elections. The form of the
ballot shall be as follows:

"For
the purpose of ______ (state the purpose or purposes), shall an
excise tax be levied by __________ county at the rate of ______ per
cent of the price of other tobacco products (aside from little
cigars) sold at wholesale in the county, _____ per cent of the price
of little cigars sold at wholesale in the county, and ____ cents per
vapor volume of vapor products sold at wholesale in the county, for
____ (number of years or a continuing period of time), the tax
beginning on __________ (the earliest date the tax would take
effect)?

Yes

No

"

A
board of county commissioners submitting the question of a tax under
this section may submit the question of a tax under division (E) of
section 307.697, division (C) of section 4301.421, or division (D) of
section 5743.024 of the Revised Code, or all, as a single question,
provided that each tax is for the same purpose and period of time and
the form of the ballot states the rate of each of the proposed taxes.

If
approved by a majority of electors voting on the question, the tax
shall take effect on the date specified in the resolution but not
sooner than the first day of the month that is at least sixty days
after the certification of the election results by the board of
elections.

The
rate of tax levied pursuant to this section shall be imposed as
follows:

(A)
At a rate not to exceed eighty-five hundredths per cent of the
wholesale price of other tobacco products, aside from little cigars,
received by a distributor in the county, sold by a manufacturer to a
retail dealer located in the county, or delivered to a consumer in
the county for storage, use, or other consumption;

(B)
At a rate not to exceed one and eighty-five hundredths per cent of
the wholesale price of little cigars received by a distributor in the
county, sold by a manufacturer to a retail dealer located in the
county, or delivered to a consumer in the county for storage, use, or
other consumption;

(C)
At a rate not to exceed one-twentieth of one cent multiplied by the
vapor volume of vapor products the first time such products are
received by a vapor distributor in the county or when vapor products
are delivered to a consumer in the county for storage, use, or other
consumption.

Only
one sale of the same article shall be used in computing, reporting,
and paying the amount of tax due. The tax levied under this section
shall be in addition to the tax levied under section 5743.51 of the
Revised Code.

A
board of county commissioners adopting a resolution under this
section shall certify a copy of the resolution to the tax
commissioner immediately upon adoption of the resolution.

Sec.
5743.52.
(A)
Each distributor of tobacco products or vapor distributor subject to
the tax levied by section 5743.51
or
5743.511
of
the Revised Code, on or before the twenty-third day of each month,
shall file with the tax commissioner a return for the preceding month
showing any information the tax commissioner finds necessary for the
proper administration of this chapter, together with remittance of
the tax due. The return and payment of the tax required by this
section shall be filed and made electronically on or before the
twenty-third day of the month following the reporting period. If the
return is filed and the amount of tax shown on the return to be due
is paid on or before the date the return is required to be filed, the
distributor or vapor distributor is entitled to a discount equal to
two and five-tenths per cent of the amount shown on the return to be
due.

(B)
Any person who fails to timely file the return and make payment of
taxes as required under this section, section 5743.62, or section
5743.63 of the Revised Code may be required to pay an additional
charge not exceeding the greater of fifty dollars or ten per cent of
the tax due. Any additional charge imposed under this section may be
collected by assessment as provided in section 5743.56 of the Revised
Code.

(C)
If any tax due is not paid timely in accordance with this section or
section 5743.62 or 5743.63 of the Revised Code, the person liable for
the tax shall pay interest, calculated at the rate per annum as
prescribed by section 5703.47 of the Revised Code, from the date the
tax payment was due to the date of payment or to the date an
assessment is issued under section 5743.56 of the Revised Code,
whichever occurs first. The commissioner may collect such interest by
assessment pursuant to section 5743.56 of the Revised Code.

(D)
The commissioner may authorize the filing of returns and the payment
of the tax required by this section, section 5743.62, or section
5743.63 of the Revised Code for periods longer than a calendar month.

(E)
The commissioner may order any taxpayer to file with the commissioner
security to the satisfaction of the commissioner conditioned upon
filing the return and paying the taxes required under this section,
section 5743.62, or section 5743.63 of the Revised Code if the
commissioner believes that the collection of the tax may be in
jeopardy.

Sec.
5743.521.
In
addition to the return required by section 5743.52 of the Revised
Code, each retail dealer of tobacco products or vapor products in a
county in which a tax is levied under section 5743.511 of the Revised
Code shall, within thirty days after the date on which the tax takes
effect, make and file a return, on a form prescribed by the tax
commissioner, showing the total number of tobacco products or vapor
products which such retail dealer had on hand as of the beginning of
business on the date on which the tax takes effect and such other
information as the commissioner deems necessary for the
administration of that section. Each such retail dealer shall deliver
the return together with a remittance of the additional amount of tax
due on the tobacco products or the vapor products shown on such
return to the commissioner. Any retail dealer of tobacco products or
vapor products who fails to file a return under this section shall,
for each day the retail dealer so fails, forfeit and pay into the
state treasury the sum of one dollar as revenue arising from the tax
imposed by section 5743.511 of the Revised Code, and such sum may be
collected by assessment in the manner provided in section 5743.56 of
the Revised Code. For thirty days after the effective date of a tax
imposed by section 5743.511 of the Revised Code, a retail dealer may
possess for sale or sell in the county in which the tax is levied
tobacco products or vapor products if the tax has or will be paid.

Sec.
5743.54.
(A)
Each distributor of tobacco products and each vapor distributor of
vapor products shall maintain complete and accurate records of all
purchases and sales of tobacco products or vapor products, and shall
procure and retain all invoices, bills of lading, and other documents
relating to the purchases and sales of those products. The
distributor or vapor distributor shall keep open records and
documents during business hours for the inspection of the tax
commissioner, and shall preserve them for a period of three years
from the date the return was due or was filed, whichever is later,
unless the commissioner, in writing, consents to their destruction
within that period, or orders that they be kept for a longer period
of time.

(B)(1)
Each distributor of tobacco products and each vapor distributor of
vapor products subject to the tax levied by section 5743.51
or
5743.511
of
the Revised Code shall mark on the invoices of tobacco products or
vapor products sold that the tax levied by that section has been paid
and shall indicate the distributor's or vapor distributor's account
number as assigned by the commissioner.

(2)
Each vapor distributor subject to the tax imposed by section 5743.51
of the Revised Code shall mark on all invoices the total weight of
the vapor product, rounded to the nearest one-tenth of one gram, if
the vapor product is not sold in liquid form. If the vapor product is
sold in liquid form, the invoice shall instead indicate the total
volume of the vapor product, rounded to the nearest one-tenth of one
milliliter.

(C)
No person shall make a false entry upon any invoice or record upon
which an entry is required by this section and no person shall
present any false entry for the inspection of the commissioner with
the intent to evade the tax levied under section 5743.51,
5743.511,

5743.62,

or

5743.621,

5743.63
,
or 5743.631

of the Revised Code.

Sec.
5743.55.
Whenever
the tax commissioner discovers any tobacco products or vapor
products, subject to the tax levied under section 5743.51,
5743.511,

5743.62,

or

5743.621,

5743.63
,
or 5743.631

of the Revised Code upon which the tax has not been paid or the
commissioner has reason to believe the tax is being avoided, the
commissioner may seize and take possession of the tobacco products or
vapor products, which, upon seizure, shall be forfeited to the state.
Within a reasonable time after seizure, the commissioner may sell the
forfeited products. From the proceeds of this sale, the commissioner
shall pay the costs incurred in the seizure and sale, and any
proceeds remaining after the sale shall be considered as revenue
arising from the tax. The seizure and sale shall not relieve any
person from the fine or imprisonment provided for violation of
sections 5743.51 to 5743.66 of the Revised Code. The commissioner
shall make the sale where it is most convenient and economical, but
may order the destruction of the forfeited products if the quantity
or quality is not sufficient to warrant their sale.

Sec.
5743.56.
(A)
Any person required to pay the tax imposed by section 5743.51,

5743.511,

5743.62,

or

5743.621,

5743.63
,
or 5743.631

of the Revised Code is personally liable for the tax. The tax
commissioner may make an assessment, based upon any information in
the commissioner's possession, against any person who fails to file a
return or pay any tax, interest, or additional charge as required by
this chapter. The commissioner shall give the person assessed written
notice of such assessment in the manner provided in section 5703.37
of the Revised Code. With the notice, the commissioner shall provide
instructions on how to petition for reassessment and request a
hearing on the petition.

(B)
When the information in the possession of the tax commissioner
indicates that a person liable for the tax imposed by section
5743.51,
5743.511,

5743.62,

or

5743.621,

5743.63
,
or 5743.631

of the Revised Code has not paid the full amount of tax due, the
commissioner may audit a representative sample of the person's
business and may issue an assessment based on such audit.

(C)
A penalty of up to fifteen per cent may be added to all amounts
assessed under this section. The tax commissioner may adopt rules
providing for the imposition and remission of such penalties.

(D)
Unless the person assessed files with the tax commissioner within
sixty days after service of the notice of assessment
,
either personally or by certified mail,

a written petition for reassessment signed by the person assessed or
that person's authorized agent having knowledge of the facts, the
assessment becomes final and the amount of the assessment is due and
payable from the person assessed to the treasurer of state. A
petition shall indicate the objections of the person assessed, but
additional objections may be raised in writing if received by the
commissioner prior to the date shown on the final determination. If
the petition has been properly filed, the commissioner shall proceed
under section 5703.60 of the Revised Code.

(E)
After an assessment becomes final, if any portion of the assessment,
including accrued interest, remains unpaid, a certified copy of the
tax commissioner's entry making the assessment final may be filed in
the office of the clerk of the court of common pleas in the county in
which the person assessed resides or in which the person assessed
conducts business. If the person assessed maintains no place of
business in this state and is not a resident of this state, the
certified copy of the entry may be filed in the office of the clerk
of the court of common pleas of Franklin county.

Immediately
upon the filing of the entry, the clerk shall enter a judgment for
the state against the person assessed in the amount shown on the
entry. The judgment may be filed by the clerk in a loose-leaf book
entitled "special judgments for state tobacco products tax,"
and shall have the same effect as other judgments. Execution shall
issue upon the judgment upon the request of the commissioner, and all
laws applicable to sales on execution shall apply to sales made under
the judgment.

If
the assessment is not paid in its entirety within sixty days after
the day the assessment is issued, the portion of the assessment
consisting of tax due shall bear interest at the rate per annum
prescribed by section 5703.47 of the Revised Code from the day the
commissioner issues the assessment until the assessment is paid or
until it is certified to the attorney general for collection under
section 131.02 of the Revised Code, whichever comes first. If the
unpaid portion of the assessment is certified to the attorney general
for collection, the entire unpaid portion of the assessment shall
bear interest at the rate per annum prescribed by section 5703.47 of
the Revised Code from the date of certification until the date it is
paid in its entirety. Interest shall be paid in the same manner as
the tax and may be collected by issuing an assessment under this
section.

(F)
If the tax commissioner believes that collection of the tax will be
jeopardized unless proceedings to collect or secure collection of the
tax are instituted without delay, the commissioner may issue a
jeopardy assessment against the person liable for the tax.
Immediately upon the issuance of the jeopardy assessment, the
commissioner shall file an entry with the clerk of the court of
common pleas in the manner prescribed by division (E) of this
section. Notice of the jeopardy assessment shall be served on the
person assessed or the legal representative of the person assessed,
as provided in section 5703.37 of the Revised Code, within five days
of the filing of the entry with the clerk. The total amount assessed
is immediately due and payable, unless the person assessed files a
petition for reassessment in accordance with division (D) of this
section and provides security in a form satisfactory to the
commissioner and in an amount sufficient to satisfy the unpaid
balance of the assessment. Full or partial payment of the assessment
does not prejudice the commissioner's consideration of the petition
for reassessment.

(G)
All money collected by the tax commissioner under this section shall
be paid to the treasurer of state as revenue arising from the tax
imposed by sections 5743.51, 5743.62, and 5743.63 of the Revised
Code.

Sec.
5743.57.
(A)
If any corporation, limited liability company, or business trust
required to file returns pursuant to section 5743.52, 5743.62, or
5743.63 of the Revised Code fails to remit to the state any tax due
under section 5743.51,
5743.511,

5743.62,

or

5743.621,

5743.63
,
or 5743.631

of the Revised Code, any of its employees having control or
supervision of or charged with the responsibility of filing returns
and making payments, and any of its officers, members, managers,
trustees, or other persons who are responsible for the execution of
the corporation's, limited liability company's, or business trust's
fiscal responsibilities, is personally liable for the failure to
remit the tax. The dissolution, termination, or bankruptcy of the
corporation, limited liability company, or business trust does not
discharge a responsible person's liability for the corporation's,
limited liability company's, or business trust's failure to remit the
tax due. The tax commissioner may assess a responsible person under
section 5743.56 of the Revised Code.

(B)
Except for assessments against responsible persons under division (A)
of this section, no assessment of the tax imposed by section 5743.51,

5743.511,

5743.62,

or

5743.621,

5743.63
,
or 5743.631

of the Revised Code shall be made by the tax commissioner more than
three years after the date on which the return for the period
assessed was due or was filed, whichever date is later. This section
does not bar an assessment when any of the following occurs:

(1)
The person assessed failed to file a return required by section
5743.52, 5743.62, or 5743.63 of the Revised Code;

(2)
The person assessed knowingly filed a false or fraudulent return;

(3)
The person assessed and the tax commissioner have waived in writing
the time limitation.

Sec.
5743.59.
(A)
No retail dealer of tobacco products or vapor products shall have in
the retail dealer's possession tobacco products or vapor products on
which the tax imposed by section 5743.51
and,
if applicable, section 5743.511
of
the Revised Code has not been paid unless the retail dealer is
licensed under section 5743.61 of the Revised Code. Payment may be
evidenced by invoices from distributors or vapor distributors stating
the tax has been paid.

(B)
The tax commissioner may inspect any place where tobacco products or
vapor products subject to the tax levied under section 5743.51
or
5743.511
of
the Revised Code are sold or stored.

(C)
No person shall prevent or hinder the commissioner from making a full
inspection of any place where tobacco products or vapor products
subject to the tax imposed by section 5743.51 or 5743.511 of the
Revised Code are sold or stored, or prevent or hinder the full
inspection of invoices, books, or records required to be kept by
section 5743.54 of the Revised Code.

Sec.
5743.60.
No
person shall prepare for shipment, ship, transport, deliver, prepare
for distribution, or distribute tobacco products or vapor products,
or otherwise engage or participate in the business of distributing
tobacco products or vapor products, with the intent to avoid payment
of the tax levied by section 5743.51,
5743.511,

5743.62,

or

5743.621,

5743.63
,
or 5743.631

of the Revised Code, when the wholesale price of the tobacco products

or,
in the case of a tax levied under section 5743.511, 5743.621, or
5743.631 of the Revised Code, the vapor products
exceeds
three hundred dollars, or when the vapor volume of the vapor products
exceeds five hundred milliliters or five hundred grams, as
applicable, during any twelve-month period.

Sec.
5743.62.
(A)
To provide revenue for the general revenue fund of the state, an
excise tax is hereby levied on the seller of tobacco products or
vapor products in this state at one of the following rates:

(1)
For tobacco products other than little cigars or premium cigars,
seventeen per cent of the wholesale price of the tobacco product
whenever the tobacco product is delivered to a consumer in this state
for the storage, use, or other consumption of such tobacco products.

(2)
For little cigars, thirty-seven per cent of the wholesale price of
the little cigars whenever the little cigars are delivered to a
consumer in this state for the storage, use, or other consumption of
the little cigars.

(3)
For premium cigars, whenever the premium cigars are delivered to a
consumer in this state for the storage, use, or other consumption of
the premium cigars, the lesser of seventeen per cent of the wholesale
price of such premium cigars or the maximum tax amount per each such
premium cigar.

(4)
For vapor products, one cent multiplied by the vapor volume of vapor
products when the vapor products are delivered to a consumer in this
state for the storage, use, or other consumption of the vapor
products.

The
tax imposed by this section applies only to sellers having
substantial nexus with this state, as defined in section 5741.01 of
the Revised Code.

(B)
A seller of tobacco products or vapor products who has substantial
nexus with this state as defined in section 5741.01 of the Revised
Code shall register with the tax commissioner and supply any
information concerning the seller's contacts with this state as may
be required by the tax commissioner. A seller who does not have
substantial nexus with this state may voluntarily register with the
tax commissioner. A seller who voluntarily registers with the tax
commissioner is entitled to the same benefits and is subject to the
same duties and requirements as a seller required to be registered
with the tax commissioner under this division.

(C)
Each seller of tobacco products or vapor products subject to the tax
levied by this section

or
section 5743.621 of the Revised Code
,
on or before the twenty-third day of each month, shall file with the
tax commissioner a return for the preceding month showing any
information the tax commissioner finds necessary for the proper
administration of sections 5743.51 to 5743.66 of the Revised Code,
together with remittance of the tax due, payable to the treasurer of
state. The return and payment of the tax required by this section
shall be filed in such a manner that it is received by the tax
commissioner on or before the twenty-third day of the month following
the reporting period. If the return is filed and the amount of the
tax shown on the return to be due is paid on or before the date the
return is required to be filed, the seller is entitled to a discount
equal to two and five-tenths per cent of the amount shown on the
return to be due.

(D)
The tax commissioner shall immediately forward to the treasurer of
state all money received from the tax levied by this section, and the
treasurer shall credit the amount to the general revenue fund.

(E)
Each seller of tobacco products or vapor products subject to the tax
levied by this section
or
section 5743.621 of the Revised Code
shall
mark on the invoices of tobacco products or vapor products sold that
the tax levied by that section has been paid and shall indicate the
seller's account number as assigned by the tax commissioner.

Sec.
5743.621.
For
the same purposes for which it levies a tax under section 5743.511 of
the Revised Code, the board of county commissioners of a county that
levies a tax under that section shall adopt a resolution levying a
tax at the same rate on the sellers of tobacco products or vapor
products, as applicable, whenever the tobacco product or vapor
product is delivered to a consumer in the county in which that tax is
levied for the storage, use, or other consumption of such product.
The tax shall take effect on the date that the tax levied under
section 5743.511 of the Revised Code takes effect, and shall remain
in effect as long as the tax levied under that section remains in
effect. The tax imposed by this section applies only to sellers
having substantial nexus with this state, as defined in section
5741.01 of the Revised Code. The tax levied under this section shall
be in addition to the tax levied under section 5743.62 of the Revised
Code.

Sec.
5743.63.
(A)
To provide revenue for the general revenue fund of the state, an
excise tax is hereby levied on the storage, use, or other consumption
of tobacco products or vapor products at one of the following rates:

(1)
For tobacco products other than little cigars or premium cigars,
seventeen per cent of the wholesale price of the tobacco product.

(2)
For little cigars, thirty-seven per cent of the wholesale price of
the little cigars.

(3)
For premium cigars, the lesser of seventeen per cent of the wholesale
price of the premium cigars or the maximum tax amount per each
premium cigar.

(4)
For vapor products, one cent multiplied by the vapor volume of the
vapor products.

The
tax levied under division (A) of this section is imposed only if the
tax has not been paid by the seller as provided in section 5743.62 of
the Revised Code, or by the distributor or vapor distributor as
provided in section 5743.51 of the Revised Code.

(B)
Each person subject to the tax levied by this section

or
section 5743.631 of the Revised Code
,
on or before the twenty-third day of each month, shall file with the
tax commissioner a return for the preceding month showing any
information the commissioner finds necessary for the proper
administration of sections 5743.51 to 5743.66 of the Revised Code,
together with remittance of the tax due, payable to the treasurer of
state. The return and payment of the tax required by this section
shall be filed in such a manner that it is received by the
commissioner on or before the twenty-third day of the month following
the reporting period.

(C)
The tax commissioner shall immediately forward to the treasurer of
state all money received from the tax levied by this section, and the
treasurer shall credit the amount to the general revenue fund.

Sec.
5743.631.
For
the same purposes for which it levies a tax under section 5743.511 of
the Revised Code, the board of county commissioners of a county that
levies a tax under that section shall adopt a resolution levying a
tax at the same rate on the use, consumption, or storage for
consumption of tobacco products or vapor products, as applicable, by
consumers in the county in which that tax is levied. The tax shall
take effect on the date that the tax levied under section 5743.511 of
the Revised Code takes effect and shall remain in effect as long as
the tax levied under that section remains effective. The tax levied
under this section is imposed only if the tax has not been paid by
the seller as provided in section 5743.621 of the Revised Code, or by
the distributor or vapor distributor as provided in section 5743.511
of the Revised Code. The tax levied under this section shall be in
addition to the tax levied under section 5743.63 of the Revised Code.

Sec.
5743.64.
No
person shall transport within this state tobacco products that have a
wholesale value in excess of three hundred dollars, or vapor products
with a vapor volume in excess of five hundred milliliters or five
hundred grams, as applicable, unless the person has obtained consent
to transport the tobacco products or vapor products from the tax
commissioner prior to transportation. The consent is not required if
the applicable tax levied under section 5743.51,
5743.511,

5743.62,

or

5743.621,

5743.63
,
or 5743.631

of the Revised Code has been paid or will be paid by the distributor,
vapor distributor, or seller. Application for the consent shall be in
the form prescribed by the commissioner.

Every
person transporting tobacco products or vapor products with the
department's consent shall have the consent with the person while
transporting or possessing the tobacco products or vapor products
within this state and shall produce the consent upon request of any
law enforcement officer or authorized agent of the tax commissioner.

Any
person transporting tobacco products or vapor products without the
consent required by this section shall be subject to the provisions
of sections 5743.51 to 5743.66 of the Revised Code, including the tax
imposed by section 5743.51,
5743.511,

5743.62,

or

5743.621,

5743.63
,
or 5743.631

of the Revised Code.

Sec.
5745.03.
(A)
For each taxable year, each taxpayer shall file an annual report with
the tax commissioner not later than the fifteenth day of the fourth
month after the end of the taxpayer's taxable year, and shall remit
with that report the amount of tax due as shown on the report less
the amount paid for the year under section 5745.04 of the Revised
Code. The
remittance
shall be made in the form prescribed by the commissioner. If the
amount payable with the report exceeds one thousand dollars, the

taxpayer
shall remit
the

any

amount

due
with the report
electronically
in a manner prescribed by the commissioner. The commissioner shall
credit ninety-eight and one-half per cent of such remittances to the
municipal income tax fund, which is hereby created in the state
treasury, and credit the remainder to the municipal income tax
administrative fund, which is hereby created in the state treasury.

(B)
Any taxpayer that has been granted an extension for filing a federal
income tax return
may
request
shall
automatically receive
an
extension for filing the return required under this section

by
filing with the tax commissioner a copy of the taxpayer's request for
the federal filing extension. The request shall be filed not later
than the last day for filing the return as required under division
(A) of this section. If such a request is properly and timely filed
,

and

the
commissioner shall extend the last day for filing the return required
under this section
for
the same period for which the federal filing extension was granted.
The commissioner may deny the filing extension request only if the
taxpayer fails to timely file the request, fails to file a copy of
the federal extension request, owes past due taxes, interest, or
penalty under this chapter, or has failed to file a required report
or other document for a prior taxable year
to
the fifteenth day of the eleventh month after the last day of the
taxable year to which the return relates
.
The granting of an extension under this section does not extend the
last day for paying taxes without penalty pursuant to this chapter
unless the commissioner extends the payment date.

(C)

A
taxpayer that has not requested or received an extension for filing
the taxpayer's federal income tax return may request that the
commissioner grant the taxpayer a seven-month extension of the date
for filing the taxpayer's tax return. If the commissioner receives
the request on or before the date the tax return is due, the
commissioner shall grant the taxpayer's extension request.

(D)

The
annual report shall include statements of the following facts as of
the last day of the taxpayer's taxable year:

(1)
The name of the taxpayer;

(2)
The name of the state or country under the laws of which it is
incorporated;

(3)
The location of its principal office in this state and, in the case
of a taxpayer organized under the laws of another state, the
principal place of business in this state and the name and address of
the officer or agent of the taxpayer in charge of the business
conducted in this state;

(4)
The names of the president, secretary, treasurer, and statutory agent
in this state, with the post-office address of each;

(5)
(2)

The date on which the taxpayer's taxable year begins and ends;

(6)
(3)

The taxpayer's federal taxable income during the taxpayer's taxable
year;

(7)
(4)

Any other information the tax commissioner requires for the proper
administration of this chapter.

(D)
(E)

The tax commissioner may require any reports required under this
chapter to be filed in an electronic format.

(E)
(F)

A municipal corporation may not require a taxpayer required to file a
report under this section to file a report of the taxpayer's income,
but a municipal corporation may require a taxpayer to report to the
municipal corporation the value of the taxpayer's real and tangible
personal property situated in the municipal corporation, compensation
paid by the taxpayer to its employees in the municipal corporation,
and sales made in the municipal corporation by the taxpayer, to the
extent necessary for the municipal corporation to compute the
taxpayer's municipal property, payroll, and sales factors for the
municipal corporation.

(F)
(G)

On or before the thirty-first day of January each year, each
municipal corporation imposing a tax on income shall certify to the
tax commissioner the rate of the tax in effect on the first day of
January of that year. If any municipal corporation fails to certify
its income tax rate as required by this division, the commissioner
shall notify the director of budget and management, who, upon
receiving such notification, shall withhold from each payment made to
the municipal corporation under section 5745.05 of the Revised Code
fifty per cent of the amount of the payment otherwise due the
municipal corporation under that section as computed on the basis of
the tax rate most recently certified until the municipal corporation
certifies the tax rate in effect on the first day of January of that
year.

The
tax rate used to determine the tax payable to a municipal corporation
under this section for a taxpayer's taxable year shall be the tax
rate in effect in a municipal corporation on the first day of January
in that taxable year. If a taxpayer's taxable year is for a period
less than twelve months that does not include the first day of
January, the tax rate used to determine the tax payable to a
municipal corporation under this section for the taxpayer's taxable
year shall be the tax rate in effect in a municipal corporation on
the first day of January in the preceding taxable year.

Sec.
5745.04.
(A)
As used in this section, "combined tax liability" means the
total of a taxpayer's income tax liabilities to all municipal
corporations in this state for a taxable year.

(B)
Each taxpayer shall file a declaration of estimated tax report with,
and remit estimated taxes to, the tax commissioner, payable to the
treasurer of state, at the times and in the amounts prescribed in
divisions (B)(1) to (4) of this section. The first taxable year a
taxpayer is subject to this chapter, the estimated taxes the taxpayer
is required to remit under this section shall be based solely on the
current taxable year and not on the liability for the preceding
taxable year.

(1)
Not less than twenty-five per cent of the combined tax liability for
the preceding taxable year or twenty per cent of the combined tax
liability for the current taxable year shall have been remitted not
later than the fifteenth day of the fourth month after the end of the
preceding taxable year.

(2)
Not less than fifty per cent of the combined tax liability for the
preceding taxable year or forty per cent of the combined tax
liability for the current taxable year shall have been remitted not
later than the fifteenth day of the sixth month after the end of the
preceding taxable year.

(3)
Not less than seventy-five per cent of the combined tax liability for
the preceding taxable year or sixty per cent of the combined tax
liability for the current taxable year shall have been remitted not
later than the fifteenth day of the ninth month after the end of the
preceding taxable year.

(4)
Not less than one hundred per cent of the combined tax liability for
the preceding taxable year or eighty per cent of the combined tax
liability for the current taxable year shall have been remitted not
later than the fifteenth day of the twelfth month after the end of
the preceding taxable year.

(C)
Each taxpayer shall report on the declaration of estimated tax report
the portion of the remittance that the taxpayer estimates that it
owes to each municipal corporation for the taxable year.

(D)
Upon receiving a declaration of estimated tax report and remittance
of estimated taxes under this section, the tax commissioner shall
credit ninety-eight and one-half per cent of the remittance to the
municipal income tax fund and credit the remainder to the municipal
income tax administrative fund.

(E)

If
any remittance of estimated taxes is for one thousand dollars or
more, the
The

taxpayer
shall make the remittance
of
estimated taxes
electronically
as prescribed by section 5745.041 of the Revised Code.

(F)
Notwithstanding section 5745.08 or 5745.09 of the Revised Code, no
penalty or interest shall be imposed on a taxpayer if the declaration
of estimated tax report is properly filed, and the estimated tax is
paid, within the time prescribed by division (B) of this section.

Sec.
5745.09.
(A)
In case of any underpayment of the estimated tax under section
5745.04 of the Revised Code,
there
shall be added
the
tax commissioner may add
to
the tax an amount determined at the rate per annum prescribed by
section 5703.47 of the Revised Code upon the amount of underpayment
for the period of underpayment.

(B)
The amount of the underpayment shall be the excess of division (B)(1)
over division (B)(2) of this section:

(1)
The amount of the estimated tax payment that would be required to be
paid for the taxable year if the total estimated tax were equal to
the total tax shown to be due on the annual report, or if no report
was filed, the tax for such year;

(2)
The amount, if any, of the estimated tax paid on or before the last
day prescribed for such payment.

(C)
The period of the underpayment shall run from the date the estimated
tax payment was required to be made to the date on which such payment
is made. For purposes of this section, a payment of estimated tax on
any payment date shall be considered a payment of any previous
underpayment only to the extent such payment exceeds the amount of
the payment presently due.

(D)
All amounts collected under this section shall be considered as taxes
collected under this chapter and shall be credited and distributed to
municipal corporations in the same proportions as the taxpayer's
taxes are distributed for the reporting period under section 5745.05
of the Revised Code or, if the taxpayer has filed the annual report
for the year under section 5745.03 of the Revised Code, in the
amounts found to be due to such municipal corporations on the basis
of the annual report.

Sec.
5745.12.
(A)
If any taxpayer required to file a report under this chapter fails to
file the report within the time prescribed, files an incorrect
report, or fails to remit the full amount of the tax due for the
period covered by the report, the tax commissioner may make an
assessment against the taxpayer for any deficiency for the period for
which the report or tax is due, based upon any information in the
commissioner's possession.

The
tax commissioner shall not make or issue an assessment against a
taxpayer more than three years after the later of the final date the
report subject to assessment was required to be filed or the date the
report was filed. Such time limit may be extended if both the
taxpayer and the commissioner consent in writing to the extension.
Any such extension shall extend the three-year time limit in section
5745.11 of the Revised Code for the same period of time. There shall
be no bar or limit to an assessment against a taxpayer that fails to
file a report subject to assessment as required by this chapter, or
that files a fraudulent report. The commissioner shall give the
taxpayer assessed written notice of the assessment as provided in
section 5703.37 of the Revised Code. With the notice, the
commissioner shall provide instructions on how to petition for
reassessment and request a hearing on the petition.

(B)
Unless the taxpayer assessed files with the tax commissioner within
sixty days after service of the notice of assessment
,
either personally or by certified mail,

a written petition for reassessment signed by the authorized agent of
the taxpayer assessed having knowledge of the facts, the assessment
becomes final, and the amount of the assessment is due and payable
from the taxpayer to the treasurer of state. The petition shall
indicate the taxpayer's objections, but additional objections may be
raised in writing if received by the commissioner prior to the date
shown on the final determination. If the petition has been properly
filed, the commissioner shall proceed under section 5703.60 of the
Revised Code.

(C)
After an assessment becomes final, if any portion of the assessment
remains unpaid, including accrued interest, a certified copy of the
tax commissioner's entry making the assessment final may be filed in
the office of the clerk of the court of common pleas in the county in
which the taxpayer has an office or place of business in this state,
the county in which the taxpayer's statutory agent is located, or
Franklin county.

Immediately
upon the filing of the entry, the clerk shall enter a judgment
against the taxpayer assessed in the amount shown on the entry. The
judgment may be filed by the clerk in a loose-leaf book entitled
"special judgments for municipal income taxes," and shall
have the same effect as other judgments. Execution shall issue upon
the judgment upon the request of the tax commissioner, and all laws
applicable to sales on execution shall apply to sales made under the
judgment.

If
the assessment is not paid in its entirety within sixty days after
the day the assessment was issued, the portion of the assessment
consisting of tax due shall bear interest at the rate per annum
prescribed by section 5703.47 of the Revised Code from the day the
commissioner issues the assessment until the assessment is paid or
until it is certified to the attorney general for collection under
section 131.02 of the Revised Code, whichever comes first. If the
unpaid portion of the assessment is certified to the attorney general
for collection, the entire unpaid portion of the assessment shall
bear interest at the rate per annum prescribed by section 5703.47 of
the Revised Code from the date of certification until the date it is
paid in its entirety. Interest shall be paid in the same manner as
the tax and may be collected by issuing an assessment under this
section.

(D)
All money collected under this section shall be credited and
distributed to the municipal corporation to which the money is owed
based on the assessment issued under this section.

(E)
If the tax commissioner believes that collection of the tax imposed
by this chapter will be jeopardized unless proceedings to collect or
secure collection of the tax are instituted without delay, the
commissioner may issue a jeopardy assessment against the taxpayer
liable for the tax. Immediately upon the issuance of the jeopardy
assessment, the commissioner shall file an entry with the clerk of
the court of common pleas in the manner prescribed by division (C) of
this section. Notice of the jeopardy assessment shall be served on
the taxpayer assessed or the taxpayer's legal representative in the
manner provided in section 5703.37 of the Revised Code within five
days of the filing of the entry with the clerk. The total amount
assessed is immediately due and payable, unless the taxpayer assessed
files a petition for reassessment in accordance with division (B) of
this section and provides security in a form satisfactory to the
commissioner and in an amount sufficient to satisfy the unpaid
balance of the assessment. Full or partial payment of the assessment
does not prejudice the commissioner's consideration of the petition
for reassessment.

(F)
Notwithstanding the fact that a petition for reassessment is pending,
the taxpayer may pay all or a portion of the assessment that is the
subject of the petition. The acceptance of a payment by the treasurer
of state does not prejudice any claim for refund upon final
determination of the petition.

If
upon final determination of the petition an error in the assessment
is corrected by the tax commissioner, upon petition so filed or
pursuant to a decision of the board of tax appeals or any court to
which the determination or decision has been appealed, so that the
amount due from the taxpayer under the corrected assessment is less
than the portion paid, there shall be issued to the taxpayer, its
assigns, or legal representative a refund in the amount of the
overpayment as provided by section 5745.11 of the Revised Code, with
interest on that amount as provided by section 5745.11 of the Revised
Code.

Sec.
5747.01.
Except
as otherwise expressly provided or clearly appearing from the
context, any term used in this chapter that is not otherwise defined
in this section has the same meaning as when used in a comparable
context in the laws of the United States relating to federal income
taxes or if not used in a comparable context in those laws, has the
same meaning as in section 5733.40 of the Revised Code. Any reference
in this chapter to the Internal Revenue Code includes other laws of
the United States relating to federal income taxes.

As
used in this chapter:

(A)
"Adjusted gross income" or "Ohio adjusted gross
income" means federal adjusted gross income, as defined and used
in the Internal Revenue Code, adjusted as provided in this section:

(1)
Add interest or dividends on obligations or securities of any state
or of any political subdivision or authority of any state, other than
this state and its subdivisions and authorities.

(2)
Add interest or dividends on obligations of any authority,
commission, instrumentality, territory, or possession of the United
States to the extent that the interest or dividends are exempt from
federal income taxes but not from state income taxes.

(3)
Deduct interest or dividends on obligations of the United States and
its territories and possessions or of any authority, commission, or
instrumentality of the United States to the extent that the interest
or dividends are included in federal adjusted gross income but exempt
from state income taxes under the laws of the United States.

(4)
Deduct disability and survivor's benefits to the extent included in
federal adjusted gross income.

(5)
Deduct the following, to the extent not otherwise deducted or
excluded in computing federal or Ohio adjusted gross income:

(a)
Benefits under Title II of the Social Security Act and tier 1
railroad retirement;

(b)
Railroad retirement benefits, other than tier 1 railroad retirement
benefits, to the extent such amounts are exempt from state taxation
under federal law.

(6)
Deduct the amount of wages and salaries, if any, not otherwise
allowable as a deduction but that would have been allowable as a
deduction in computing federal adjusted gross income for the taxable
year, had the work opportunity tax credit allowed and determined
under sections 38, 51, and 52 of the Internal Revenue Code not been
in effect.

(7)
Deduct any interest or interest equivalent on public obligations and
purchase obligations to the extent that the interest or interest
equivalent is included in federal adjusted gross income.

(8)
Add any loss or deduct any gain resulting from the sale, exchange, or
other disposition of public obligations to the extent that the loss
has been deducted or the gain has been included in computing federal
adjusted gross income.

(9)
Deduct or add amounts, as provided under section 5747.70 of the
Revised Code, related to contributions made to or tuition units
purchased under a qualified tuition program established pursuant to
section 529 of the Internal Revenue Code.

(10)(a)
Deduct, to the extent not otherwise allowable as a deduction or
exclusion in computing federal or Ohio adjusted gross income for the
taxable year, the amount the taxpayer paid during the taxable year
for medical care insurance and qualified long-term care insurance for
the taxpayer, the taxpayer's spouse, and dependents. No deduction for
medical care insurance under division (A)(10)(a) of this section
shall be allowed either to any taxpayer who is eligible to
participate in any subsidized health plan maintained by any employer
of the taxpayer or of the taxpayer's spouse, or to any taxpayer who
is entitled to, or on application would be entitled to, benefits
under part A of Title XVIII of the "Social Security Act,"
49 Stat. 620 (1935), 42 U.S.C. 301, as amended. For the purposes of
division (A)(10)(a) of this section, "subsidized health plan"
means a health plan for which the employer pays any portion of the
plan's cost. The deduction allowed under division (A)(10)(a) of this
section shall be the net of any related premium refunds, related
premium reimbursements, or related insurance premium dividends
received during the taxable year.

(b)
Deduct, to the extent not otherwise deducted or excluded in computing
federal or Ohio adjusted gross income during the taxable year, the
amount the taxpayer paid during the taxable year, not compensated for
by any insurance or otherwise, for medical care of the taxpayer, the
taxpayer's spouse, and dependents, to the extent the expenses exceed
seven and one-half per cent of the taxpayer's federal adjusted gross
income.

(c)
For purposes of division (A)(10) of this section, "medical care"
has the meaning given in section 213 of the Internal Revenue Code,
subject to the special rules, limitations, and exclusions set forth
therein, and "qualified long-term care" has the same
meaning given in section 7702B(c) of the Internal Revenue Code.
Solely for purposes of division (A)(10)(a) of this section,
"dependent" includes a person who otherwise would be a
"qualifying relative" and thus a "dependent"
under section 152 of the Internal Revenue Code but for the fact that
the person fails to meet the income and support limitations under
section 152(d)(1)(B) and (C) of the Internal Revenue Code.

(11)(a)
Deduct any amount included in federal adjusted gross income solely
because the amount represents a reimbursement or refund of expenses
that in any year the taxpayer had deducted as an itemized deduction
pursuant to section 63 of the Internal Revenue Code and applicable
United States department of the treasury regulations. The deduction
otherwise allowed under division (A)(11)(a) of this section shall be
reduced to the extent the reimbursement is attributable to an amount
the taxpayer deducted under this section in any taxable year.

(b)
Add any amount not otherwise included in Ohio adjusted gross income
for any taxable year to the extent that the amount is attributable to
the recovery during the taxable year of any amount deducted or
excluded in computing federal or Ohio adjusted gross income in any
taxable year.

(12)
Deduct any portion of the deduction described in section 1341(a)(2)
of the Internal Revenue Code, for repaying previously reported income
received under a claim of right, that meets both of the following
requirements:

(a)
It is allowable for repayment of an item that was included in the
taxpayer's adjusted gross income for a prior taxable year and did not
qualify for a credit under division (A) or (B) of section 5747.05 of
the Revised Code for that year;

(b)
It does not otherwise reduce the taxpayer's adjusted gross income for
the current or any other taxable year.

(13)
Deduct an amount equal to the deposits made to, and net investment
earnings of, a medical savings account during the taxable year, in
accordance with section 3924.66 of the Revised Code. The deduction
allowed by division (A)(13) of this section does not apply to medical
savings account deposits and earnings otherwise deducted or excluded
for the current or any other taxable year from the taxpayer's federal
adjusted gross income.

(14)(a)
Add an amount equal to the funds withdrawn from a medical savings
account during the taxable year, and the net investment earnings on
those funds, when the funds withdrawn were used for any purpose other
than to reimburse an account holder for, or to pay, eligible medical
expenses, in accordance with section 3924.66 of the Revised Code;

(b)
Add the amounts distributed from a medical savings account under
division (A)(2) of section 3924.68 of the Revised Code during the
taxable year.

(15)
Add any amount claimed as a credit under section 5747.059 of the
Revised Code to the extent that such amount satisfies either of the
following:

(a)
The amount was deducted or excluded from the computation of the
taxpayer's federal adjusted gross income as required to be reported
for the taxpayer's taxable year under the Internal Revenue Code;

(b)
The amount resulted in a reduction of the taxpayer's federal adjusted
gross income as required to be reported for any of the taxpayer's
taxable years under the Internal Revenue Code.

(16)
Deduct the amount contributed by the taxpayer to an individual
development account program established by a county department of job
and family services pursuant to sections 329.11 to 329.14 of the
Revised Code for the purpose of matching funds deposited by program
participants. On request of the tax commissioner, the taxpayer shall
provide any information that, in the tax commissioner's opinion, is
necessary to establish the amount deducted under division (A)(16) of
this section.

(17)(a)(i)
Subject to divisions (A)(17)(a)(iii), (iv), and (v) of this section,
add five-sixths of the amount of depreciation expense allowed by
subsection (k) of section 168 of the Internal Revenue Code, including
the taxpayer's proportionate or distributive share of the amount of
depreciation expense allowed by that subsection to a pass-through
entity in which the taxpayer has a direct or indirect ownership
interest.

(ii)
Subject to divisions (A)(17)(a)(iii), (iv), and (v) of this section,
add five-sixths of the amount of qualifying section 179 depreciation
expense, including the taxpayer's proportionate or distributive share
of the amount of qualifying section 179 depreciation expense allowed
to any pass-through entity in which the taxpayer has a direct or
indirect ownership interest.

(iii)
Subject to division (A)(17)(a)(v) of this section, for taxable years
beginning in 2012 or thereafter, if the increase in income taxes
withheld by the taxpayer is equal to or greater than ten per cent of
income taxes withheld by the taxpayer during the taxpayer's
immediately preceding taxable year, "two-thirds" shall be
substituted for "five-sixths" for the purpose of divisions
(A)(17)(a)(i) and (ii) of this section.

(iv)
Subject to division (A)(17)(a)(v) of this section, for taxable years
beginning in 2012 or thereafter, a taxpayer is not required to add an
amount under division (A)(17) of this section if the increase in
income taxes withheld by the taxpayer and by any pass-through entity
in which the taxpayer has a direct or indirect ownership interest is
equal to or greater than the sum of (I) the amount of qualifying
section 179 depreciation expense and (II) the amount of depreciation
expense allowed to the taxpayer by subsection (k) of section 168 of
the Internal Revenue Code, and including the taxpayer's proportionate
or distributive shares of such amounts allowed to any such
pass-through entities.

(v)
If a taxpayer directly or indirectly incurs a net operating loss for
the taxable year for federal income tax purposes, to the extent such
loss resulted from depreciation expense allowed by subsection (k) of
section 168 of the Internal Revenue Code and by qualifying section
179 depreciation expense, "the entire" shall be substituted
for "five-sixths of the" for the purpose of divisions
(A)(17)(a)(i) and (ii) of this section.

The
tax commissioner, under procedures established by the commissioner,
may waive the add-backs related to a pass-through entity if the
taxpayer owns, directly or indirectly, less than five per cent of the
pass-through entity.

(b)
Nothing in division (A)(17) of this section shall be construed to
adjust or modify the adjusted basis of any asset.

(c)
To the extent the add-back required under division (A)(17)(a) of this
section is attributable to property generating nonbusiness income or
loss allocated under section 5747.20 of the Revised Code, the
add-back shall be sitused to the same location as the nonbusiness
income or loss generated by the property for the purpose of
determining the credit under division (A) of section 5747.05 of the
Revised Code. Otherwise, the add-back shall be apportioned, subject
to one or more of the four alternative methods of apportionment
enumerated in section 5747.21 of the Revised Code.

(d)
For the purposes of division (A)(17)(a)(v) of this section, net
operating loss carryback and carryforward shall not include the
allowance of any net operating loss deduction carryback or
carryforward to the taxable year to the extent such loss resulted
from depreciation allowed by section 168(k) of the Internal Revenue
Code and by the qualifying section 179 depreciation expense amount.

(e)
For the purposes of divisions (A)(17) and (18) of this section:

(i)
"Income taxes withheld" means the total amount withheld and
remitted under sections 5747.06 and 5747.07 of the Revised Code by an
employer during the employer's taxable year.

(ii)
"Increase in income taxes withheld" means the amount by
which the amount of income taxes withheld by an employer during the
employer's current taxable year exceeds the amount of income taxes
withheld by that employer during the employer's immediately preceding
taxable year.

(iii)
"Qualifying section 179 depreciation expense" means the
difference between (I) the amount of depreciation expense directly or
indirectly allowed to a taxpayer under section 179 of the Internal
Revised Code, and (II) the amount of depreciation expense directly or
indirectly allowed to the taxpayer under section 179 of the Internal
Revenue Code as that section existed on December 31, 2002.

(18)(a)
If the taxpayer was required to add an amount under division
(A)(17)(a) of this section for a taxable year, deduct one of the
following:

(i)
One-fifth of the amount so added for each of the five succeeding
taxable years if the amount so added was five-sixths of qualifying
section 179 depreciation expense or depreciation expense allowed by
subsection (k) of section 168 of the Internal Revenue Code;

(ii)
One-half of the amount so added for each of the two succeeding
taxable years if the amount so added was two-thirds of such
depreciation expense;

(iii)
One-sixth of the amount so added for each of the six succeeding
taxable years if the entire amount of such depreciation expense was
so added.

(b)
If the amount deducted under division (A)(18)(a) of this section is
attributable to an add-back allocated under division (A)(17)(c) of
this section, the amount deducted shall be sitused to the same
location. Otherwise, the
add-back

deduction

shall
be apportioned using the apportionment factors for the taxable year
in which the deduction is taken, subject to one or more of the four
alternative methods of apportionment enumerated in section 5747.21 of
the Revised Code.

(c)
No deduction is available under division (A)(18)(a) of this section
with regard to any depreciation allowed by section 168(k) of the
Internal Revenue Code and by the qualifying section 179 depreciation
expense amount to the extent that such depreciation results in or
increases a federal net operating loss carryback or carryforward. If
no such deduction is available for a taxable year, the taxpayer may
carry forward the amount not deducted in such taxable year to the
next taxable year and add that amount to any deduction otherwise
available under division (A)(18)(a) of this section for that next
taxable year. The carryforward of amounts not so deducted shall
continue until the entire addition required by division (A)(17)(a) of
this section has been deducted.

(19)
Deduct, to the extent not otherwise deducted or excluded in computing
federal or Ohio adjusted gross income for the taxable year, the
amount the taxpayer received during the taxable year as reimbursement
for life insurance premiums under section 5919.31 of the Revised
Code.

(20)
Deduct, to the extent not otherwise deducted or excluded in computing
federal or Ohio adjusted gross income for the taxable year, the
amount the taxpayer received during the taxable year as a death
benefit paid by the adjutant general under section 5919.33 of the
Revised Code.

(21)
Deduct, to the extent included in federal adjusted gross income and
not otherwise allowable as a deduction or exclusion in computing
federal or Ohio adjusted gross income for the taxable year, military
pay and allowances received by the taxpayer during the taxable year
for active duty service in the
United
States army, air force, navy, marine corps, or coast guard
armed
services of the United States, as defined in section 5907.01 of the
Revised Code,
or
reserve components thereof or the national guard. The deduction may
not be claimed for military pay and allowances received by the
taxpayer while the taxpayer is stationed in this state.

(22)
Deduct, to the extent not otherwise allowable as a deduction or
exclusion in computing federal or Ohio adjusted gross income for the
taxable year and not otherwise compensated for by any other source,
the amount of qualified organ donation expenses incurred by the
taxpayer during the taxable year, not to exceed ten thousand dollars.
A taxpayer may deduct qualified organ donation expenses only once for
all taxable years beginning with taxable years beginning in 2007.

For
the purposes of division (A)(22) of this section:

(a)
"Human organ" means all or any portion of a human liver,
pancreas, kidney, intestine, or lung, and any portion of human bone
marrow.

(b)
"Qualified organ donation expenses" means travel expenses,
lodging expenses, and wages and salary forgone by a taxpayer in
connection with the taxpayer's donation, while living, of one or more
of the taxpayer's human organs to another human being.

(23)
Deduct, to the extent not otherwise deducted or excluded in computing
federal or Ohio adjusted gross income for the taxable year, amounts
received by the taxpayer as retired personnel pay for service in the
uniformed services or reserve components thereof, or the national
guard, or received by the surviving spouse or former spouse of such a
taxpayer under the survivor benefit plan on account of such a
taxpayer's death. If the taxpayer receives income on account of
retirement paid under the federal civil service retirement system or
federal employees retirement system, or under any successor
retirement program enacted by the congress of the United States that
is established and maintained for retired employees of the United
States government, and such retirement income is based, in whole or
in part, on credit for the taxpayer's uniformed service, the
deduction allowed under this division shall include only that portion
of such retirement income that is attributable to the taxpayer's
uniformed service, to the extent that portion of such retirement
income is otherwise included in federal adjusted gross income and is
not otherwise deducted under this section. Any amount deducted under
division (A)(23) of this section is not included in a taxpayer's
adjusted gross income for the purposes of section 5747.055 of the
Revised Code. No amount may be deducted under division (A)(23) of
this section on the basis of which a credit was claimed under section
5747.055 of the Revised Code.

(24)
Deduct, to the extent not otherwise deducted or excluded in computing
federal or Ohio adjusted gross income for the taxable year, the
amount the taxpayer received during the taxable year from the
military injury relief fund created in section 5902.05 of the Revised
Code.

(25)
Deduct, to the extent not otherwise deducted or excluded in computing
federal or Ohio adjusted gross income for the taxable year, the
amount the taxpayer received as a veterans bonus during the taxable
year from the Ohio department of veterans services as authorized by
Section 2r of Article VIII, Ohio Constitution.

(26)
Deduct, to the extent not otherwise deducted or excluded in computing
federal or Ohio adjusted gross income for the taxable year, any
income derived from a transfer agreement or from the enterprise
transferred under that agreement under section 4313.02 of the Revised
Code.

(27)
Deduct, to the extent not otherwise deducted or excluded in computing
federal or Ohio adjusted gross income for the taxable year, Ohio
college opportunity or federal Pell grant amounts received by the
taxpayer or the taxpayer's spouse or dependent pursuant to section
3333.122 of the Revised Code or 20 U.S.C. 1070a, et seq., and used to
pay room or board furnished by the educational institution for which
the grant was awarded at the institution's facilities, including meal
plans administered by the institution. For the purposes of this
division, receipt of a grant includes the distribution of a grant
directly to an educational institution and the crediting of the grant
to the enrollee's account with the institution.

(28)
Deduct from the portion of an individual's federal adjusted gross
income that is business income, to the extent not otherwise deducted
or excluded in computing federal adjusted gross income for the
taxable year, one hundred twenty-five thousand dollars for each
spouse if spouses file separate returns under section 5747.08 of the
Revised Code or two hundred fifty thousand dollars for all other
individuals.

(29)
Deduct, as provided under section 5747.78 of the Revised Code,
contributions to ABLE savings accounts made in accordance with
sections 113.50 to 113.56 of the Revised Code.

(30)(a)
Deduct, to the extent not otherwise deducted or excluded in computing
federal or Ohio adjusted gross income during the taxable year, all of
the following:

(i)
Compensation paid to a qualifying employee described in division
(A)(14)(a) of section 5703.94 of the Revised Code to the extent such
compensation is for disaster work conducted in this state during a
disaster response period pursuant to a qualifying solicitation
received by the employee's employer;

(ii)
Compensation paid to a qualifying employee described in division
(A)(14)(b) of section 5703.94 of the Revised Code to the extent such
compensation is for disaster work conducted in this state by the
employee during the disaster response period on critical
infrastructure owned or used by the employee's employer;

(iii)
Income received by an out-of-state disaster business for disaster
work conducted in this state during a disaster response period, or,
if the out-of-state disaster business is a pass-through entity, a
taxpayer's distributive share of the pass-through entity's income
from the business conducting disaster work in this state during a
disaster response period, if, in either case, the disaster work is
conducted pursuant to a qualifying solicitation received by the
business.

(b)
All terms used in division (A)(30) of this section have the same
meanings as in section 5703.94 of the Revised Code.

(31)
For a taxpayer who is a qualifying Ohio educator, deduct, to the
extent not otherwise deducted or excluded in computing federal or
Ohio adjusted gross income for the taxable year, the lesser of
two

three

hundred

fifty

dollars
or the amount of expenses described in subsections (a)(2)(D)(i) and
(ii) of section 62 of the Internal Revenue Code paid or incurred by
the taxpayer during the taxpayer's taxable year in excess of the
amount the taxpayer is authorized to deduct for that taxable year
under subsection (a)(2)(D) of that section.

(32)
Deduct, to the extent not otherwise deducted or excluded in computing
federal or Ohio adjusted gross income for the taxable year, amounts
received by the taxpayer as a disability severance payment, computed
under 10 U.S.C. 1212, following discharge or release under honorable
conditions from the armed forces of the United States, as defined in
section 5907.01 of the Revised Code.

(33)
Deduct, to the extent not otherwise deducted or excluded in computing
federal adjusted gross income or Ohio adjusted gross income, amounts
not subject to tax due to an agreement entered into under division
(A)(2) of section 5747.05 of the Revised Code.

(34)
Deduct amounts as provided under section 5747.79 of the Revised Code
related to the taxpayer's qualifying capital gains and deductible
payroll.

To
the extent a qualifying capital gain described under division (A)(34)
of this section is business income, the taxpayer shall deduct those
gains under this division before deducting any such gains under
division (A)(28) of this section.

(35)(a)
For taxable years beginning in or after 2026, deduct, to the extent
not otherwise deducted or excluded in computing federal or Ohio
adjusted gross income for the taxable year:

(i)
One hundred per cent of the capital gain received by the taxpayer in
the taxable year from a qualifying interest in an Ohio venture
capital operating company attributable to the company's investments
in Ohio businesses during the period for which the company was an
Ohio venture operating company; and

(ii)
Fifty per cent of the capital gain received by the taxpayer in the
taxable year from a qualifying interest in an Ohio venture capital
operating company attributable to the company's investments in all
other businesses during the period for which the company was an Ohio
venture operating company.

(b)
Add amounts previously deducted by the taxpayer under division
(A)(35)(a) of this section if the director of development certifies
to the tax commissioner that the requirements for the deduction were
not met.

(c)
All terms used in division (A)(35) of this section have the same
meanings as in section 122.851 of the Revised Code.

(d)
To the extent a capital gain described in division (A)(35)(a) of this
section is business income, the taxpayer shall apply that division
before applying division (A)(28) of this section.

(36)
Add, to the extent not otherwise included in computing federal or
Ohio adjusted gross income for any taxable year, the taxpayer's
proportionate share of the amount of the tax levied under section
5747.38 of the Revised Code and paid by an electing pass-through
entity for the taxable year.

Notwithstanding
any provision of the Revised Code to the contrary, the portion of the
addition required by division (A)(36) of this section related to the
apportioned business income of the pass-through entity shall be
considered business income under division (B) of this section. Such
addition is eligible for the deduction in division (A)(28) of this
section, subject to the applicable dollar limitations, and the tax
rate prescribed by division (A)(4)(a) of section 5747.02 of the
Revised Code. The taxpayer shall provide, upon request of the tax
commissioner, any documentation necessary to verify the portion of
the addition that is business income under this division.

(37)
Deduct, to the extent not otherwise deducted or excluded in computing
federal or Ohio adjusted gross income for the taxable year, amounts
delivered to a qualifying institution pursuant to section 3333.128 of
the Revised Code for the benefit of the taxpayer or the taxpayer's
spouse or dependent.

(38)
Deduct, to the extent not otherwise deducted or excluded in computing
federal or Ohio adjusted gross income for the taxable year, amounts
received under the Ohio adoption grant program pursuant to section

5101.191

5180.451

of
the Revised Code.

(39)
Deduct, to the extent included in federal adjusted gross income,
income attributable to amounts provided to a taxpayer for any of the
purposes for which an exclusion would have been authorized under
section 139 of the Internal Revenue Code if the train derailment near
the city of East Palestine on February 3, 2023, had been a qualified
disaster pursuant to that section, or to compensate for lost business
resulting from that derailment, if such amounts are provided by any
of the following:

(a)
A federal, state, or local government agency;

(b)
A railroad company, as that term is defined in section 5727.01 of the
Revised Code;

(c)
Any subsidiary, insurer, or agent of a railroad company or any
related person.

Notwithstanding
any provision to the contrary, the derailment is not required to meet
the definition of a "qualified disaster" pursuant to
section 139 of the Internal Revenue Code to qualify for the deduction
under this section.

(40)
Deduct, to the extent included in federal adjusted gross income,
income attributable to loan repayments on behalf of the taxpayer
under the rural practice incentive program under section 3333.135 of
the Revised Code.

(41)
Add any income taxes deducted in computing federal or Ohio adjusted
gross income to the extent the income taxes were derived from income
subject to a tax levied in another state or the District of Columbia
when such tax was enacted for purposes of complying with internal
revenue service notice 2020-75.

Notwithstanding
any provision of the Revised Code to the contrary, the portion of the
addition required by division (A)(41) of this section related to the
apportioned business income of the pass-through entity shall be
considered business income under division (B) of this section. Such
addition is eligible for the deduction in division (A)(28) of this
section, subject to the applicable dollar limitations, and the tax
rate prescribed by division (A)(4)(a) of section 5747.02 of the
Revised Code. The taxpayer shall provide, upon request of the tax
commissioner, any documentation necessary to verify the portion of
the addition that is business income under this division.

(42)
Deduct amounts contributed to a homeownership savings account and
calculated pursuant to divisions (B) and (C) of section 5747.85 of
the Revised Code.

(43)
If the taxpayer is the account owner
,
add the amount of funds withdrawn from a homeownership savings
account not used for eligible expenses, regardless of who deposited
those funds

of
a homeownership savings account, upon withdrawal or transfer of funds
from the account, or closure of the account containing funds that are
not used for eligible expenses, add the amount of such funds not used
for an eligible expense. The addition required under this division
shall not exceed the sum of the amounts deducted by the taxpayer for
such account under division (A)(42) of this section in any taxable
year and the amount of any funds deposited in the account by a
contributor other than the account owner
.
As used in division (A)(43) of this section, "homeownership
savings account,"
"contributor,"

"account
owner," and "eligible expenses" have the same meanings
as in section 5747.85 of the Revised Code.

(44)
Deduct, to the extent not otherwise deducted or excluded in computing
federal or Ohio adjusted gross income during the taxable year, up to
seven hundred fifty dollars of contributions the taxpayer makes to a
pregnancy resource center that meets the criteria in division (B) of
section 5101.804 of the Revised Code.

(B)
"Business income" means income, including gain or loss,
arising from transactions, activities, and sources in the regular
course of a trade or business and includes income, gain, or loss from
real property, tangible property, and intangible property if the
acquisition, rental, management, and disposition of the property
constitute integral parts of the regular course of a trade or
business operation. "Business income" includes income,
including gain or loss, from a partial or complete liquidation of a
business, including, but not limited to, gain or loss from the sale
or other disposition of goodwill or the sale of an equity or
ownership interest in a business.

As
used in this division, the "sale of an equity or ownership
interest in a business" means sales to which either or both of
the following apply:

(1)
The sale is treated for federal income tax purposes as the sale of
assets.

(2)
The seller materially participated, as described in 26 C.F.R.
1.469-5T, in the activities of the business during the taxable year
in which the sale occurs or during any of the five preceding taxable
years.

(C)
"Nonbusiness income" means all income other than business
income and may include, but is not limited to, compensation, rents
and royalties from real or tangible personal property, capital gains,
interest, dividends and distributions, patent or copyright royalties,
or lottery winnings, prizes, and awards.

(D)
"Compensation" means any form of remuneration paid to an
employee for personal services.

(E)
"Fiduciary" means a guardian, trustee, executor,
administrator, receiver, conservator, or any other person acting in
any fiduciary capacity for any individual, trust, or estate.

(F)
"Fiscal year" means an accounting period of twelve months
ending on the last day of any month other than December.

(G)
"Individual" means any natural person.

(H)
"Internal Revenue Code" means the "Internal Revenue
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.

(I)
"Resident" means any of the following:

(1)
An individual who is domiciled in this state, subject to section
5747.24 of the Revised Code;

(2)
The estate of a decedent who at the time of death was domiciled in
this state. The domicile tests of section 5747.24 of the Revised Code
are not controlling for purposes of division (I)(2) of this section.

(3)
A trust that, in whole or part, resides in this state. If only part
of a trust resides in this state, the trust is a resident only with
respect to that part.

For
the purposes of division (I)(3) of this section:

(a)
A trust resides in this state for the trust's current taxable year to
the extent, as described in division (I)(3)(d) of this section, that
the trust consists directly or indirectly, in whole or in part, of
assets, net of any related liabilities, that were transferred, or
caused to be transferred, directly or indirectly, to the trust by any
of the following:

(i)
A person, a court, or a governmental entity or instrumentality on
account of the death of a decedent, but only if the trust is
described in division (I)(3)(e)(i) or (ii) of this section;

(ii)
A person who was domiciled in this state for the purposes of this
chapter when the person directly or indirectly transferred assets to
an irrevocable trust, but only if at least one of the trust's
qualifying beneficiaries is domiciled in this state for the purposes
of this chapter during all or some portion of the trust's current
taxable year;

(iii)
A person who was domiciled in this state for the purposes of this
chapter when the trust document or instrument or part of the trust
document or instrument became irrevocable, but only if at least one
of the trust's qualifying beneficiaries is a resident domiciled in
this state for the purposes of this chapter during all or some
portion of the trust's current taxable year. If a trust document or
instrument became irrevocable upon the death of a person who at the
time of death was domiciled in this state for purposes of this
chapter, that person is a person described in division (I)(3)(a)(iii)
of this section.

(b)
A trust is irrevocable to the extent that the transferor is not
considered to be the owner of the net assets of the trust under
sections 671 to 678 of the Internal Revenue Code.

(c)
With respect to a trust other than a charitable lead trust,
"qualifying beneficiary" has the same meaning as "potential
current beneficiary" as defined in section 1361(e)(2) of the
Internal Revenue Code, and with respect to a charitable lead trust
"qualifying beneficiary" is any current, future, or
contingent beneficiary, but with respect to any trust "qualifying
beneficiary" excludes a person or a governmental entity or
instrumentality to any of which a contribution would qualify for the
charitable deduction under section 170 of the Internal Revenue Code.

(d)
For the purposes of division (I)(3)(a) of this section, the extent to
which a trust consists directly or indirectly, in whole or in part,
of assets, net of any related liabilities, that were transferred
directly or indirectly, in whole or part, to the trust by any of the
sources enumerated in that division shall be ascertained by
multiplying the fair market value of the trust's assets, net of
related liabilities, by the qualifying ratio, which shall be computed
as follows:

(i)
The first time the trust receives assets, the numerator of the
qualifying ratio is the fair market value of those assets at that
time, net of any related liabilities, from sources enumerated in
division (I)(3)(a) of this section. The denominator of the qualifying
ratio is the fair market value of all the trust's assets at that
time, net of any related liabilities.

(ii)
Each subsequent time the trust receives assets, a revised qualifying
ratio shall be computed. The numerator of the revised qualifying
ratio is the sum of (1) the fair market value of the trust's assets
immediately prior to the subsequent transfer, net of any related
liabilities, multiplied by the qualifying ratio last computed without
regard to the subsequent transfer, and (2) the fair market value of
the subsequently transferred assets at the time transferred, net of
any related liabilities, from sources enumerated in division
(I)(3)(a) of this section. The denominator of the revised qualifying
ratio is the fair market value of all the trust's assets immediately
after the subsequent transfer, net of any related liabilities.

(iii)
Whether a transfer to the trust is by or from any of the sources
enumerated in division (I)(3)(a) of this section shall be ascertained
without regard to the domicile of the trust's beneficiaries.

(e)
For the purposes of division (I)(3)(a)(i) of this section:

(i)
A trust is described in division (I)(3)(e)(i) of this section if the
trust is a testamentary trust and the testator of that testamentary
trust was domiciled in this state at the time of the testator's death
for purposes of the taxes levied under Chapter 5731. of the Revised
Code.

(ii)
A trust is described in division (I)(3)(e)(ii) of this section if the
transfer is a qualifying transfer described in any of divisions
(I)(3)(f)(i) to (vi) of this section, the trust is an irrevocable
inter vivos trust, and at least one of the trust's qualifying
beneficiaries is domiciled in this state for purposes of this chapter
during all or some portion of the trust's current taxable year.

(f)
For the purposes of division (I)(3)(e)(ii) of this section, a
"qualifying transfer" is a transfer of assets, net of any
related liabilities, directly or indirectly to a trust, if the
transfer is described in any of the following:

(i)
The transfer is made to a trust, created by the decedent before the
decedent's death and while the decedent was domiciled in this state
for the purposes of this chapter, and, prior to the death of the
decedent, the trust became irrevocable while the decedent was
domiciled in this state for the purposes of this chapter.

(ii)
The transfer is made to a trust to which the decedent, prior to the
decedent's death, had directly or indirectly transferred assets, net
of any related liabilities, while the decedent was domiciled in this
state for the purposes of this chapter, and prior to the death of the
decedent the trust became irrevocable while the decedent was
domiciled in this state for the purposes of this chapter.

(iii)
The transfer is made on account of a contractual relationship
existing directly or indirectly between the transferor and either the
decedent or the estate of the decedent at any time prior to the date
of the decedent's death, and the decedent was domiciled in this state
at the time of death for purposes of the taxes levied under Chapter
5731. of the Revised Code.

(iv)
The transfer is made to a trust on account of a contractual
relationship existing directly or indirectly between the transferor
and another person who at the time of the decedent's death was
domiciled in this state for purposes of this chapter.

(v)
The transfer is made to a trust on account of the will of a testator
who was domiciled in this state at the time of the testator's death
for purposes of the taxes levied under Chapter 5731. of the Revised
Code.

(vi)
The transfer is made to a trust created by or caused to be created by
a court, and the trust was directly or indirectly created in
connection with or as a result of the death of an individual who, for
purposes of the taxes levied under Chapter 5731. of the Revised Code,
was domiciled in this state at the time of the individual's death.

(g)
The tax commissioner may adopt rules to ascertain the part of a trust
residing in this state.

(J)
"Nonresident" means an individual or estate that is not a
resident. An individual who is a resident for only part of a taxable
year is a nonresident for the remainder of that taxable year.

(K)
"Pass-through entity" has the same meaning as in section
5733.04 of the Revised Code.

(L)
"Return" means the notifications and reports required to be
filed pursuant to this chapter for the purpose of reporting the tax
due and includes declarations of estimated tax when so required.

(M)
"Taxable year" means the calendar year or the taxpayer's
fiscal year ending during the calendar year, or fractional part
thereof, upon which the adjusted gross income is calculated pursuant
to this chapter.

(N)
"Taxpayer" means any person subject to the tax imposed by
section 5747.02 of the Revised Code or any pass-through entity that
makes the election under division (D) of section 5747.08 of the
Revised Code.

(O)
"Dependents" means one of the following:

(1)
For taxable years beginning on or after January 1, 2018, and before
January 1, 2026, dependents as defined in the Internal Revenue Code;

(2)
For all other taxable years, dependents as defined in the Internal
Revenue Code and as claimed in the taxpayer's federal income tax
return for the taxable year or which the taxpayer would have been
permitted to claim had the taxpayer filed a federal income tax
return.

(P)
"Principal county of employment" means, in the case of a
nonresident, the county within the state in which a taxpayer performs
services for an employer or, if those services are performed in more
than one county, the county in which the major portion of the
services are performed.

(Q)
As used in sections 5747.50 to 5747.55 of the Revised Code:

(1)
"Subdivision" means any county, municipal corporation, park
district, or township.

(2)
"Essential local government purposes" includes all
functions that any subdivision is required by general law to
exercise, including like functions that are exercised under a charter
adopted pursuant to the Ohio Constitution.

(R)
"Overpayment" means any amount already paid that exceeds
the figure determined to be the correct amount of the tax.

(S)
"Taxable income" or "Ohio taxable income" applies
only to estates and trusts, and means federal taxable income, as
defined and used in the Internal Revenue Code, adjusted as follows:

(1)
Add interest or dividends, net of ordinary, necessary, and reasonable
expenses not deducted in computing federal taxable income, on
obligations or securities of any state or of any political
subdivision or authority of any state, other than this state and its
subdivisions and authorities, but only to the extent that such net
amount is not otherwise includible in Ohio taxable income and is
described in either division (S)(1)(a) or (b) of this section:

(a)
The net amount is not attributable to the S portion of an electing
small business trust and has not been distributed to beneficiaries
for the taxable year;

(b)
The net amount is attributable to the S portion of an electing small
business trust for the taxable year.

(2)
Add interest or dividends, net of ordinary, necessary, and reasonable
expenses not deducted in computing federal taxable income, on
obligations of any authority, commission, instrumentality, territory,
or possession of the United States to the extent that the interest or
dividends are exempt from federal income taxes but not from state
income taxes, but only to the extent that such net amount is not
otherwise includible in Ohio taxable income and is described in
either division (S)(1)(a) or (b) of this section;

(3)
Add the amount of personal exemption allowed to the estate pursuant
to section 642(b) of the Internal Revenue Code;

(4)
Deduct interest or dividends, net of related expenses deducted in
computing federal taxable income, on obligations of the United States
and its territories and possessions or of any authority, commission,
or instrumentality of the United States to the extent that the
interest or dividends are exempt from state taxes under the laws of
the United States, but only to the extent that such amount is
included in federal taxable income and is described in either
division (S)(1)(a) or (b) of this section;

(5)
Deduct the amount of wages and salaries, if any, not otherwise
allowable as a deduction but that would have been allowable as a
deduction in computing federal taxable income for the taxable year,
had the work opportunity tax credit allowed under sections 38, 51,
and 52 of the Internal Revenue Code not been in effect, but only to
the extent such amount relates either to income included in federal
taxable income for the taxable year or to income of the S portion of
an electing small business trust for the taxable year;

(6)
Deduct any interest or interest equivalent, net of related expenses
deducted in computing federal taxable income, on public obligations
and purchase obligations, but only to the extent that such net amount
relates either to income included in federal taxable income for the
taxable year or to income of the S portion of an electing small
business trust for the taxable year;

(7)
Add any loss or deduct any gain resulting from sale, exchange, or
other disposition of public obligations to the extent that such loss
has been deducted or such gain has been included in computing either
federal taxable income or income of the S portion of an electing
small business trust for the taxable year;

(8)
Except in the case of the final return of an estate, add any amount
deducted by the taxpayer on both its Ohio estate tax return pursuant
to section 5731.14 of the Revised Code, and on its federal income tax
return in determining federal taxable income;

(9)(a)
Deduct any amount included in federal taxable income solely because
the amount represents a reimbursement or refund of expenses that in a
previous year the decedent had deducted as an itemized deduction
pursuant to section 63 of the Internal Revenue Code and applicable
treasury regulations. The deduction otherwise allowed under division
(S)(9)(a) of this section shall be reduced to the extent the
reimbursement is attributable to an amount the taxpayer or decedent
deducted under this section in any taxable year.

(b)
Add any amount not otherwise included in Ohio taxable income for any
taxable year to the extent that the amount is attributable to the
recovery during the taxable year of any amount deducted or excluded
in computing federal or Ohio taxable income in any taxable year, but
only to the extent such amount has not been distributed to
beneficiaries for the taxable year.

(10)
Deduct any portion of the deduction described in section 1341(a)(2)
of the Internal Revenue Code, for repaying previously reported income
received under a claim of right, that meets both of the following
requirements:

(a)
It is allowable for repayment of an item that was included in the
taxpayer's taxable income or the decedent's adjusted gross income for
a prior taxable year and did not qualify for a credit under division
(A) or (B) of section 5747.05 of the Revised Code for that year.

(b)
It does not otherwise reduce the taxpayer's taxable income or the
decedent's adjusted gross income for the current or any other taxable
year.

(11)
Add any amount claimed as a credit under section 5747.059 of the
Revised Code to the extent that the amount satisfies either of the
following:

(a)
The amount was deducted or excluded from the computation of the
taxpayer's federal taxable income as required to be reported for the
taxpayer's taxable year under the Internal Revenue Code;

(b)
The amount resulted in a reduction in the taxpayer's federal taxable
income as required to be reported for any of the taxpayer's taxable
years under the Internal Revenue Code.

(12)
Deduct any amount, net of related expenses deducted in computing
federal taxable income, that a trust is required to report as farm
income on its federal income tax return, but only if the assets of
the trust include at least ten acres of land satisfying the
definition of "land devoted exclusively to agricultural use"
under section 5713.30 of the Revised Code, regardless of whether the
land is valued for tax purposes as such land under sections 5713.30
to 5713.38 of the Revised Code. If the trust is a pass-through entity
investor, section 5747.231 of the Revised Code applies in
ascertaining if the trust is eligible to claim the deduction provided
by division (S)(12) of this section in connection with the
pass-through entity's farm income.

Except
for farm income attributable to the S portion of an electing small
business trust, the deduction provided by division (S)(12) of this
section is allowed only to the extent that the trust has not
distributed such farm income.

(13)
Add the net amount of income described in section 641(c) of the
Internal Revenue Code to the extent that amount is not included in
federal taxable income.

(14)

Deduct

Add
or deduct
the
amount the taxpayer would be required to
add
or
deduct
under division
(A)(18)
(A)(17)
or (18)

of this section if the taxpayer's Ohio taxable income
were

was

computed
in the same manner as an individual's Ohio adjusted gross income is
computed under this section.

(15)
Add, to the extent not otherwise included in computing taxable income
or Ohio taxable income for any taxable year, the taxpayer's
proportionate share of the amount of the tax levied under section
5747.38 of the Revised Code and paid by an electing pass-through
entity for the taxable year.

(16)
Add any income taxes deducted in computing federal taxable income or
Ohio taxable income to the extent the income taxes were derived from
income subject to a tax levied in another state or the District of
Columbia when such tax was enacted for purposes of complying with
internal revenue service notice 2020-75.

(T)
"School district income" and "school district income
tax" have the same meanings as in section 5748.01 of the Revised
Code.

(U)
As used in divisions (A)(7), (A)(8), (S)(6), and (S)(7) of this
section, "public obligations," "purchase obligations,"
and "interest or interest equivalent" have the same
meanings as in section 5709.76 of the Revised Code.

(V)
"Limited liability company" means any limited liability
company formed under former Chapter 1705. of the Revised Code as that
chapter existed prior to February 11, 2022, Chapter 1706. of the
Revised Code, or the laws of any other state.

(W)
"Pass-through entity investor" means any person who, during
any portion of a taxable year of a pass-through entity, is a partner,
member, shareholder, or equity investor in that pass-through entity.

(X)
"Banking day" has the same meaning as in section 1304.01 of
the Revised Code.

(Y)
"Month" means a calendar month.

(Z)
"Quarter" means the first three months, the second three
months, the third three months, or the last three months of the
taxpayer's taxable year.

(AA)(1)
"Modified business income" means the business income
included in a trust's Ohio taxable income after such taxable income
is first reduced by the qualifying trust amount, if any.

(2)
"Qualifying trust amount" of a trust means capital gains
and losses from the sale, exchange, or other disposition of equity or
ownership interests in, or debt obligations of, a qualifying investee
to the extent included in the trust's Ohio taxable income, but only
if the following requirements are satisfied:

(a)
The book value of the qualifying investee's physical assets in this
state and everywhere, as of the last day of the qualifying investee's
fiscal or calendar year ending immediately prior to the date on which
the trust recognizes the gain or loss, is available to the trust.

(b)
The requirements of section 5747.011 of the Revised Code are
satisfied for the trust's taxable year in which the trust recognizes
the gain or loss.

Any
gain or loss that is not a qualifying trust amount is modified
business income, qualifying investment income, or modified
nonbusiness income, as the case may be.

(3)
"Modified nonbusiness income" means a trust's Ohio taxable
income other than modified business income, other than the qualifying
trust amount, and other than qualifying investment income, as defined
in section 5747.012 of the Revised Code, to the extent such
qualifying investment income is not otherwise part of modified
business income.

(4)
"Modified Ohio taxable income" applies only to trusts, and
means the sum of the amounts described in divisions (AA)(4)(a) to (c)
of this section:

(a)
The fraction, calculated under section 5747.013, and applying section
5747.231 of the Revised Code, multiplied by the sum of the following
amounts:

(i)
The trust's modified business income;

(ii)
The trust's qualifying investment income, as defined in section
5747.012 of the Revised Code, but only to the extent the qualifying
investment income does not otherwise constitute modified business
income and does not otherwise constitute a qualifying trust amount.

(b)
The qualifying trust amount multiplied by a fraction, the numerator
of which is the sum of the book value of the qualifying investee's
physical assets in this state on the last day of the qualifying
investee's fiscal or calendar year ending immediately prior to the
day on which the trust recognizes the qualifying trust amount, and
the denominator of which is the sum of the book value of the
qualifying investee's total physical assets everywhere on the last
day of the qualifying investee's fiscal or calendar year ending
immediately prior to the day on which the trust recognizes the
qualifying trust amount. If, for a taxable year, the trust recognizes
a qualifying trust amount with respect to more than one qualifying
investee, the amount described in division (AA)(4)(b) of this section
shall equal the sum of the products so computed for each such
qualifying investee.

(c)(i)
With respect to a trust or portion of a trust that is a resident as
ascertained in accordance with division (I)(3)(d) of this section,
its modified nonbusiness income.

(ii)
With respect to a trust or portion of a trust that is not a resident
as ascertained in accordance with division (I)(3)(d) of this section,
the amount of its modified nonbusiness income satisfying the
descriptions in divisions (B)(2) to (5) of section 5747.20 of the
Revised Code, except as otherwise provided in division (AA)(4)(c)(ii)
of this section. With respect to a trust or portion of a trust that
is not a resident as ascertained in accordance with division
(I)(3)(d) of this section, the trust's portion of modified
nonbusiness income recognized from the sale, exchange, or other
disposition of a debt interest in or equity interest in a section
5747.212 entity, as defined in section 5747.212 of the Revised Code,
without regard to division (A) of that section, shall not be
allocated to this state in accordance with section 5747.20 of the
Revised Code but shall be apportioned to this state in accordance
with division (B) of section 5747.212 of the Revised Code without
regard to division (A) of that section.

If
the allocation and apportionment of a trust's income under divisions
(AA)(4)(a) and (c) of this section do not fairly represent the
modified Ohio taxable income of the trust in this state, the
alternative methods described in division (C) of section 5747.21 of
the Revised Code may be applied in the manner and to the same extent
provided in that section.

(5)(a)
Except as set forth in division (AA)(5)(b) of this section,
"qualifying investee" means a person in which a trust has
an equity or ownership interest, or a person or unit of government
the debt obligations of either of which are owned by a trust. For the
purposes of division (AA)(2)(a) of this section and for the purpose
of computing the fraction described in division (AA)(4)(b) of this
section, all of the following apply:

(i)
If the qualifying investee is a member of a qualifying controlled
group on the last day of the qualifying investee's fiscal or calendar
year ending immediately prior to the date on which the trust
recognizes the gain or loss, then "qualifying investee"
includes all persons in the qualifying controlled group on such last
day.

(ii)
If the qualifying investee, or if the qualifying investee and any
members of the qualifying controlled group of which the qualifying
investee is a member on the last day of the qualifying investee's
fiscal or calendar year ending immediately prior to the date on which
the trust recognizes the gain or loss, separately or cumulatively
own, directly or indirectly, on the last day of the qualifying
investee's fiscal or calendar year ending immediately prior to the
date on which the trust recognizes the qualifying trust amount, more
than fifty per cent of the equity of a pass-through entity, then the
qualifying investee and the other members are deemed to own the
proportionate share of the pass-through entity's physical assets
which the pass-through entity directly or indirectly owns on the last
day of the pass-through entity's calendar or fiscal year ending
within or with the last day of the qualifying investee's fiscal or
calendar year ending immediately prior to the date on which the trust
recognizes the qualifying trust amount.

(iii)
For the purposes of division (AA)(5)(a)(iii) of this section, "upper
level pass-through entity" means a pass-through entity directly
or indirectly owning any equity of another pass-through entity, and
"lower level pass-through entity" means that other
pass-through entity.

An
upper level pass-through entity, whether or not it is also a
qualifying investee, is deemed to own, on the last day of the upper
level pass-through entity's calendar or fiscal year, the
proportionate share of the lower level pass-through entity's physical
assets that the lower level pass-through entity directly or
indirectly owns on the last day of the lower level pass-through
entity's calendar or fiscal year ending within or with the last day
of the upper level pass-through entity's fiscal or calendar year. If
the upper level pass-through entity directly and indirectly owns less
than fifty per cent of the equity of the lower level pass-through
entity on each day of the upper level pass-through entity's calendar
or fiscal year in which or with which ends the calendar or fiscal
year of the lower level pass-through entity and if, based upon clear
and convincing evidence, complete information about the location and
cost of the physical assets of the lower pass-through entity is not
available to the upper level pass-through entity, then solely for
purposes of ascertaining if a gain or loss constitutes a qualifying
trust amount, the upper level pass-through entity shall be deemed as
owning no equity of the lower level pass-through entity for each day
during the upper level pass-through entity's calendar or fiscal year
in which or with which ends the lower level pass-through entity's
calendar or fiscal year. Nothing in division (AA)(5)(a)(iii) of this
section shall be construed to provide for any deduction or exclusion
in computing any trust's Ohio taxable income.

(b)
With respect to a trust that is not a resident for the taxable year
and with respect to a part of a trust that is not a resident for the
taxable year, "qualifying investee" for that taxable year
does not include a C corporation if both of the following apply:

(i)
During the taxable year the trust or part of the trust recognizes a
gain or loss from the sale, exchange, or other disposition of equity
or ownership interests in, or debt obligations of, the C corporation.

(ii)
Such gain or loss constitutes nonbusiness income.

(6)
"Available" means information is such that a person is able
to learn of the information by the due date plus extensions, if any,
for filing the return for the taxable year in which the trust
recognizes the gain or loss.

(BB)
"Qualifying controlled group" has the same meaning as in
section 5733.04 of the Revised Code.

(CC)
"Related member" has the same meaning as in section
5733.042 of the Revised Code.

(DD)(1)
For the purposes of division (DD) of this section:

(a)
"Qualifying person" means any person other than a
qualifying corporation.

(b)
"Qualifying corporation" means any person classified for
federal income tax purposes as an association taxable as a
corporation, except either of the following:

(i)
A corporation that has made an election under subchapter S, chapter
one, subtitle A, of the Internal Revenue Code for its taxable year
ending within, or on the last day of, the investor's taxable year;

(ii)
A subsidiary that is wholly owned by any corporation that has made an
election under subchapter S, chapter one, subtitle A of the Internal
Revenue Code for its taxable year ending within, or on the last day
of, the investor's taxable year.

(2)
For the purposes of this chapter, unless expressly stated otherwise,
no qualifying person indirectly owns any asset directly or indirectly
owned by any qualifying corporation.

(EE)
For purposes of this chapter and Chapter 5751. of the Revised Code:

(1)
"Trust" does not include a qualified pre-income tax trust.

(2)
A "qualified pre-income tax trust" is any pre-income tax
trust that makes a qualifying pre-income tax trust election as
described in division (EE)(3) of this section.

(3)
A "qualifying pre-income tax trust election" is an election
by a pre-income tax trust to subject to the tax imposed by section
5751.02 of the Revised Code the pre-income tax trust and all
pass-through entities of which the trust owns or controls, directly,
indirectly, or constructively through related interests, five per
cent or more of the ownership or equity interests. The trustee shall
notify the tax commissioner in writing of the election on or before
April 15, 2006. The election, if timely made, shall be effective on
and after January 1, 2006, and shall apply for all tax periods and
tax years until revoked by the trustee of the trust.

(4)
A "pre-income tax trust" is a trust that satisfies all of
the following requirements:

(a)
The document or instrument creating the trust was executed by the
grantor before January 1, 1972;

(b)
The trust became irrevocable upon the creation of the trust; and

(c)
The grantor was domiciled in this state at the time the trust was
created.

(FF)
"Uniformed services" means all of the following:

(1)
"Armed forces of the United States" as defined in section
5907.01 of the Revised Code;

(2)
The commissioned corps of the national oceanic and atmospheric
administration;

(3)
The commissioned corps of the public health service.

(GG)
"Taxable business income" means the amount by which an
individual's business income that is included in federal adjusted
gross income exceeds the amount of business income the individual is
authorized to deduct under division (A)(28) of this section for the
taxable year.

(HH)
"Employer" does not include a franchisor with respect to
the franchisor's relationship with a franchisee or an employee of a
franchisee, unless the franchisor agrees to assume that role in
writing or a court of competent jurisdiction determines that the
franchisor exercises a type or degree of control over the franchisee
or the franchisee's employees that is not customarily exercised by a
franchisor for the purpose of protecting the franchisor's trademark,
brand, or both. For purposes of this division, "franchisor"
and "franchisee" have the same meanings as in 16 C.F.R.
436.1.

(II)
"Modified adjusted gross income" means Ohio adjusted gross
income plus any amount deducted under divisions (A)(28) and (34) of
this section for the taxable year.

(JJ)
"Qualifying Ohio educator" means an individual who, for a
taxable year, qualifies as an eligible educator, as that term is
defined in section 62 of the Internal Revenue Code, and who holds a
certificate, license, or permit described in Chapter 3319. or section
3301.071 of the Revised Code.

(KK)
"Professional employer organization," "professional
employer organization agreement," and "professional
employer organization reporting entity" have the same meanings
as in section 4125.01 of the Revised Code.

(LL)
"Alternate employer organization" and "alternate
employer organization agreement" have the same meanings as in
section 4133.01 of the Revised Code.

(MM)
"Casino gaming" has the same meaning as in section 3772.01
of the Revised Code, "lottery sports gaming" has the same
meaning as in section 3770.23 of the Revised Code, "sports
gaming" has the same meaning as in section 3775.01 of the
Revised Code, and "video lottery terminal" has the same
meaning as in section 3770.21 of the Revised Code.

Sec.
5747.02.
(A)
For the purpose of providing revenue for the support of schools and
local government functions, to provide relief to property taxpayers,
to provide revenue for the general revenue fund, and to meet the
expenses of administering the tax levied by this chapter, there is
hereby levied on every individual, trust, and estate residing in or
earning or receiving income in this state, on every individual,
trust, and estate earning or receiving lottery winnings, prizes, or
awards pursuant to Chapter 3770. of the Revised Code, on every
individual, trust, and estate earning or receiving winnings on casino
or sports gaming, and on every individual, trust, and estate
otherwise having nexus with or in this state under the Constitution
of the United States, an annual tax measured as prescribed in
divisions (A)(1) to (4) of this section.

(1)
In the case of trusts, the tax imposed by this section shall be
measured by modified Ohio taxable income under division
(D)
(C)

of this section and levied in the same amount as the tax is imposed
on estates as prescribed in division (A)(2) of this section.

(2)
In the case of estates, the tax imposed by this section shall be
measured by Ohio taxable income.
The

If
the estate has not more than twenty-six thousand fifty dollars of
such income, the
tax
shall be levied
on
such income
at
the rate of 1.38462% for
the
first twenty-six thousand fifty dollars of such income and, for

taxable
years beginning in 2024, 1.31287% for taxable years beginning in
2025, and 1.27448% for taxable years beginning in 2026 and
thereafter. If the estate has
income
in excess of that amount, the tax shall be levied at the same rates
prescribed in division (A)(3) of this section for individuals.

(3)
In the case of individuals, the tax imposed by this section on income
other than taxable business income shall be measured by Ohio adjusted
gross income, less taxable business income and less an exemption for
the taxpayer, the taxpayer's spouse, and each dependent as provided
in section 5747.025 of the Revised Code. If the balance thus obtained
is equal to or less than twenty-six thousand fifty dollars, no tax
shall be imposed on that balance. If the balance thus obtained is
greater than twenty-six thousand fifty dollars, the tax is hereby
levied as follows:

(a)

For
taxable years beginning in 2023:

1

2

A

OHIO
ADJUSTED GROSS INCOME LESS TAXABLE BUSINESS INCOME AND EXEMPTIONS
(INDIVIDUALS) OR MODIFIED OHIO TAXABLE INCOME (TRUSTS) OR OHIO
TAXABLE INCOME (ESTATES)

TAX

B

More
than $26,050 but not more than $100,000

$360.69
plus 2.75% of the amount in excess of $26,050

C

More
than $100,000 but not more than $115,300

$2,394.32
plus 3.688% of the amount in excess of $100,000

D

More
than $115,300

$2,958.58
plus 3.75% of the amount in excess of $115,300

(b)

For
taxable years beginning in 2024

and
thereafter
:

1

2

A

OHIO
ADJUSTED GROSS INCOME LESS TAXABLE BUSINESS INCOME AND EXEMPTIONS
(INDIVIDUALS) OR MODIFIED OHIO TAXABLE INCOME (TRUSTS) OR OHIO
TAXABLE INCOME (ESTATES)

TAX

B

More
than $26,050 but not more than $100,000

$360.69
plus 2.75% of the amount in excess of $26,050

C

More
than $100,000

$2,394.32
plus 3.5% of the amount in excess of $100,000

(b)
For taxable years beginning in 2025:

1

2

A

OHIO
ADJUSTED GROSS INCOME LESS TAXABLE BUSINESS INCOME AND EXEMPTIONS
(INDIVIDUALS) OR MODIFIED OHIO TAXABLE INCOME (TRUSTS) OR OHIO
TAXABLE INCOME (ESTATES)

TAX

B

More
than $26,050 but not more than $100,000

$342.00
plus 2.75% of the amount in excess of $26,050

C

More
than $100,000

$2,394.32
plus 3.125% of the amount in excess of $100,000

(c)
For taxable years beginning in 2026 and thereafter, $332.00 plus
2.75% of the amount in excess of $26,050.

(4)(a)
In the case of individuals, the tax imposed by this section on
taxable business income shall equal three per cent of the result
obtained by subtracting any amount allowed under division (A)(4)(b)
of this section from the individual's taxable business income.

(b)
If the exemptions allowed to an individual under division (A)(3) of
this section exceed the taxpayer's Ohio adjusted gross income less
taxable business income, the excess shall be deducted from taxable
business income before computing the tax under division (A)(4)(a) of
this section.

(5)
Except as otherwise provided in this division, in August of each
year, the tax commissioner shall make a new adjustment to the income
amounts prescribed in divisions (A)(2) and (3) of this section by
multiplying the percentage increase in the gross domestic product
deflator computed that year under section 5747.025 of the Revised
Code by each of the income amounts resulting from the adjustment
under this division in the preceding year, adding the resulting
product to the corresponding income amount resulting from the
adjustment in the preceding year, and rounding the resulting sum to
the nearest multiple of fifty dollars. The tax commissioner also
shall recompute each of the tax dollar amounts to the extent
necessary to reflect the new adjustment of the income amounts. To
recompute the tax dollar amount corresponding to the lowest tax rate
in division (A)(3) of this section, the commissioner shall multiply
the tax rate prescribed in division (A)(2) of this section by the
income amount specified in that division and as adjusted according to
this paragraph. The rates of taxation shall not be adjusted.

The
adjusted amounts apply to taxable years beginning in the calendar
year in which the adjustments are made and to taxable years beginning
in each ensuing calendar year until a calendar year in which a new
adjustment is made pursuant to this division. The tax commissioner
shall not make a new adjustment in any year in which the amount
resulting from the adjustment would be less than the amount resulting
from the adjustment in the preceding year.

(B)
If the director of budget and management makes a certification to the
tax commissioner under division (B) of section 131.44 of the Revised
Code, the amount of tax as determined under divisions (A)(1) to (3)
of this section shall be reduced by the percentage prescribed in that
certification for taxable years beginning in the calendar year in
which that certification is made.

(C)(1)
(B)(1)

The tax imposed by this section on a trust shall be computed by
multiplying the Ohio modified taxable income of the trust by the
rates prescribed by division (A) of this section.

(2)
A resident trust may claim a credit against the tax computed under
division
(C)
(B)

of this section equal to the lesser of (a) the tax paid to another
state or the District of Columbia on the resident trust's modified
nonbusiness income, other than the portion of the resident trust's
nonbusiness income that is qualifying investment income as defined in
section 5747.012 of the Revised Code, or (b) the effective tax rate,
based on modified Ohio taxable income, multiplied by the resident
trust's modified nonbusiness income other than the portion of the
resident trust's nonbusiness income that is qualifying investment
income. The credit applies before any other applicable credits.

(3)
Any credit authorized against the tax imposed by this section applies
to a trust subject to division
(C)
(B)

of this section only if the trust otherwise qualifies for the credit.
To the extent that the trust distributes income for the taxable year
for which a credit is available to the trust, the credit shall be
shared by the trust and its beneficiaries. The tax commissioner and
the trust shall be guided by applicable regulations of the United
States treasury regarding the sharing of credits.

(D)
(C)

For the purposes of this section, "trust" means any trust
described in Subchapter J of Chapter 1 of the Internal Revenue Code,
excluding trusts that are not irrevocable as defined in division
(I)(3)(b) of section 5747.01 of the Revised Code and that have no
modified Ohio taxable income for the taxable year, charitable
remainder trusts, qualified funeral trusts and preneed funeral
contract trusts established pursuant to sections 4717.31 to 4717.38
of the Revised Code that are not qualified funeral trusts, endowment
and perpetual care trusts, qualified settlement trusts and funds,
designated settlement trusts and funds, and trusts exempted from
taxation under section 501(a) of the Internal Revenue Code.

(E)
(D)

Nothing in division (A)(3) of this section shall prohibit an
individual with an Ohio adjusted gross income, less taxable business
income and exemptions, of twenty-six thousand fifty dollars or less
from filing a return under this chapter to receive a refund of taxes
withheld or to claim any refundable credit allowed under this
chapter.

Sec.
5747.021.
In
addition to the tax levied under section 5747.02 of the Revised Code,
the tax commissioner shall charge the tax imposed on the school
district income of an individual
or
estate
by
a school district under Chapter 5748. of the Revised Code by
multiplying the rate certified to be charged under such chapter by
the taxpayer's school district income with respect to that district.

Sec.
5747.025.
(A)
The personal exemption for the taxpayer, the taxpayer's spouse, and
each dependent shall be one of the following amounts
,
provided the taxpayer's modified adjusted gross income is less than
seven hundred fifty thousand dollars for taxable years beginning in
2025 or five hundred thousand dollars for taxable years beginning in
2026 or thereafter
:

(1)
Two thousand three hundred fifty dollars if the taxpayer's modified
adjusted gross income for the taxable year as shown on an individual
or joint annual return is less than or equal to forty thousand
dollars;

(2)
Two thousand one hundred dollars if the taxpayer's modified adjusted
gross income for the taxable year as shown on an individual or joint
annual return is greater than forty thousand dollars but less than or
equal to eighty thousand dollars;

(3)
One thousand eight hundred fifty dollars if the taxpayer's modified
adjusted gross income for the taxable year as shown on an individual
or joint annual return is greater than eighty thousand dollars.

(B)
For taxable years beginning in 2020 and thereafter, the personal
exemption amounts prescribed in division (A) of this section shall be
adjusted each year in the manner prescribed in division (C) of this
section. In the case of an individual with respect to whom an
exemption under section 5747.02 of the Revised Code is allowable to
another taxpayer for a taxable year beginning in the calendar year in
which the individual's taxable year begins, the exemption amount
applicable to such individual for such individual's taxable year
shall be zero.

(C)
Except as otherwise provided in this division, in August of each
year, the tax commissioner shall determine the percentage increase in
the gross domestic product deflator determined by the bureau of
economic analysis of the United States department of commerce from
the first day of January of the preceding calendar year to the last
day of December of the preceding year, and make a new adjustment to
the personal exemption amount for taxable years beginning in the
current calendar year by multiplying that amount by the percentage
increase in the gross domestic product deflator for that period;
adding the resulting product to the personal exemption amount for
taxable years beginning in the preceding calendar year; and rounding
the resulting sum upward to the nearest multiple of fifty dollars.
The adjusted amount applies to taxable years beginning in the
calendar year in which the adjustment is made and to taxable years
beginning in each ensuing calendar year until a calendar year in
which a new adjustment is made pursuant to this division. The
commissioner shall not make a new adjustment in any calendar year in
which the amount resulting from the adjustment would be less than the
amount resulting from the adjustment in the preceding calendar year.

Sec.
5747.05.
As
used in this section, "income tax" includes both a tax on
net income and a tax measured by net income.

The
following credits shall be allowed against the aggregate income tax
liability imposed by section 5747.02 of the Revised Code on
individuals and estates:

(A)(1)
The amount of tax otherwise due under section 5747.02 of the Revised
Code on such portion of the combined adjusted gross income and

taxable

business
income of any nonresident taxpayer that is not allocable or
apportionable to this state pursuant to sections 5747.20 to 5747.23
of the Revised Code. The credit provided under this division shall
not exceed the total tax due under section 5747.02 of the Revised
Code.

(2)
The tax commissioner may enter into an agreement with the taxing
authorities of any state or of the District of Columbia that imposes
an income tax to provide that compensation paid in this state to a
nonresident taxpayer shall not be subject to the tax levied in
section 5747.02 of the Revised Code so long as compensation paid in
such other state or in the District of Columbia to a resident
taxpayer shall likewise not be subject to the income tax of such
other state or of the District of Columbia.

(B)
The lesser of division (B)(1) or (2) of this section:

(1)
The aggregate amount of tax otherwise due under section 5747.02 of
the Revised Code on such portion of the combined adjusted gross
income and
taxable

business
income of a resident taxpayer that in another state or in the
District of Columbia is subjected to an income tax. The credit
provided under division (B)(1) of this section shall not exceed the
total tax due under section 5747.02 of the Revised Code.

(2)
The amount of income tax liability to another state or the District
of Columbia on the portion of the combined adjusted gross income and

taxable

business
income of a resident taxpayer that in another state or in the
District of Columbia is subjected to an income tax. The credit
provided under division (B)(2) of this section shall not exceed the
total amount of tax otherwise due under section 5747.02 of the
Revised Code.

(3)
For the purpose of divisions (B)(1) and (2) of this section, a
resident taxpayer's combined adjusted gross income and
taxable

business
income that is subject to an income tax levied in another state or in
the District of Columbia includes income that is subject to either
(a) a tax similar to the tax imposed by division (D)(1)(a) of section
5747.08 of the Revised Code or (b) a tax enacted for purposes of
complying with internal revenue service notice 2020-75. In computing
a resident taxpayer's income tax paid or accrued to another state or
the District of Columbia, the deduction authorized by division
(A)(28) of section 5747.01 of the Revised Code shall first be
deducted against business income apportioned to this state.

(4)
If the credit provided under division (B) of this section is affected
by a change in either the portion of the combined adjusted gross
income and
taxable

business
income of a resident taxpayer subjected to an income tax in another
state or the District of Columbia or the amount of income tax
liability that has been paid to another state or the District of
Columbia, the taxpayer shall report the change to the tax
commissioner within ninety days of the change in such form as the
commissioner requires.

(a)
In the case of an underpayment, the report shall be accompanied by
payment of any additional tax due as a result of the reduction in
credit together with interest on the additional tax and is a return
subject to assessment under section 5747.13 of the Revised Code
solely for the purpose of assessing any additional tax due under this
division, together with any applicable penalty and interest. It shall
not reopen the computation of the taxpayer's tax liability under this
chapter from a previously filed return no longer subject to
assessment except to the extent that such liability is affected by an
adjustment to the credit allowed by division (B) of this section.

(b)
In the case of an overpayment, an application for refund may be filed
under this division within the ninety-day period prescribed for
filing the report even if it is beyond the period prescribed in
section 5747.11 of the Revised Code if it otherwise conforms to the
requirements of such section. An application filed under this
division shall only claim refund of overpayments resulting from an
adjustment to the credit allowed by division (B) of this section
unless it is also filed within the time prescribed in section 5747.11
of the Revised Code. It shall not reopen the computation of the
taxpayer's tax liability except to the extent that such liability is
affected by an adjustment to the credit allowed by division (B) of
this section.

(5)
No credit shall be allowed under division (B) of this section:

(a)
For income tax paid or accrued to another state or to the District of
Columbia if the taxpayer, when computing federal adjusted gross
income, has directly or indirectly deducted, or was required to
directly or indirectly deduct, the amount of that income tax;

Division
(B)(5)(a) of this section does not apply to income taxes included in
the computation of Ohio adjusted gross income under division (A)(41)
of section 5747.01 of the Revised Code and not deducted from Ohio
adjusted gross income under division (A)(28) of that section or to
income taxes included in Ohio taxable income under division (S)(16)
of section 5747.01 of the Revised Code.

(b)
For compensation that is not subject to the income tax of another
state or the District of Columbia as the result of an agreement
entered into by the tax commissioner under division (A)(3) of this
section; or

(c)
For income tax paid or accrued to another state or the District of
Columbia if the taxpayer fails to furnish such proof as the tax
commissioner shall require that such income tax liability has been
paid.

(C)
An individual who is a resident for part of a taxable year and a
nonresident for the remainder of the taxable year is allowed the
credits under divisions (A) and (B) of this section in accordance
with rules prescribed by the tax commissioner. In no event shall the
same income be subject to both credits.

(D)
The credit allowed under division (A) of this section shall be
calculated based upon the amount of tax due under section 5747.02 of
the Revised Code after subtracting any other credits that precede the
credit under that division in the order required under section
5747.98 of the Revised Code. The credit allowed under division (B) of
this section shall be calculated based upon the amount of tax due
under section 5747.02 of the Revised Code after subtracting any other
credits that precede the credit under that division in the order
required under section 5747.98 of the Revised Code.

(E)(1)
On a joint return filed by a husband and wife, each of whom had
adjusted gross income of at least five hundred dollars, exclusive of
interest, dividends and distributions, royalties, rent, and capital
gains, a credit equal to the lesser of six hundred fifty dollars or
the percentage shown in column B that corresponds with the taxpayer's
modified adjusted gross income, less exemptions for the taxable year,
of the total amount of tax due after allowing for any other credit
that precedes this credit as required under section 5747.98 of the
Revised Code
,
subject to division (E)(2) of this section
:

1

2

A

A.

B.

B

IF
THE MODIFIED ADJUSTED GROSS INCOME, LESS EXEMPTIONS, FOR THE TAX
YEAR IS:

THE
CREDIT FOR THE TAXABLE YEAR IS:

C

$25,000
or less

20%

D

More
than $25,000 but not more than $50,000

15%

E

More
than $50,000 but not more than $75,000

10%

F

More
than $75,000

5%

(2)
The credit shall be claimed in the order required under section
5747.98 of the Revised Code.

No
taxpayer shall claim this credit unless the taxpayer's modified
adjusted gross income is less than seven hundred fifty thousand
dollars for taxable years beginning in 2025 or less than five hundred
thousand dollars for taxable years beginning in 2026 or thereafter.

(F)
No claim for credit under this section shall be allowed unless the
claimant furnishes such supporting information as the tax
commissioner prescribes by rules.

Sec.
5747.062.
As
used in this section
,
"transferee"
:

"Transferee"

has
the same meaning as in section 3770.10 of the Revised Code
,
and "recipient"
.

"Recipient"

includes
a transferee.

"Lottery
prize award" does not include a prize award from a video lottery
terminal and does not include winnings from lottery sports gaming,
except that "lottery prize award" includes winnings from
lottery sports gaming wagers placed through a terminal described in
division (B)(3) of section 3770.24 of the Revised Code.

(A)(1)
Before making any other deduction required by Chapter 3770. of the
Revised Code, the state lottery commission shall deduct and withhold
an amount equal to
four

three
and one-eighth
per
cent
for
calendar year 2025, after the effective date of this amendment, and
two and three-quarters per cent for calendar year 2026 and thereafter

of
the payment from each lottery prize award payment that is of an
amount for which reporting to the internal revenue service of the
amount is required by section 6041 of the Internal Revenue Code, as
amended.

(2)
On or before the tenth day of each month, the state lottery
commission, and each transferee required to deduct and withhold
amounts pursuant to section 3770.072 of the Revised Code, shall file
a return and remit to the tax commissioner all amounts deducted and
withheld pursuant to this section during the preceding month.

(3)
On or before the thirty-first day of January of each year, the state
lottery commission, and each transferee required to deduct and
withhold amounts pursuant to section 3770.072 of the Revised Code,
shall file with the commissioner an annual return, in the form
prescribed by the tax commissioner, indicating the total amount
deducted and withheld pursuant to this section or section 3770.072 of
the Revised Code during the preceding calendar year. At the time of
filing that return, the state lottery commission or transferee shall
remit any amount deducted and withheld during the preceding calendar
year that was not previously remitted.

(4)
The state lottery commission, and each transferee required to deduct
and withhold amounts pursuant to section 3770.072 of the Revised
Code, shall issue to each person with respect to whom tax has been
deducted and withheld by the commission or transferee pursuant to
this section or section 3770.072 of the Revised Code during the
preceding calendar year, an information return in the form prescribed
by the commissioner.

(B)(1)
Division (B)(1) of this section does not apply to persons classified
for federal income tax purposes as associations taxable as
corporations.

Amounts
withheld pursuant to this section or section 3770.072 of the Revised
Code shall be allowed as a credit against payment of the tax imposed
pursuant to section 5747.02 of the Revised Code upon the lottery
prize award recipient, upon a beneficiary of such a recipient, or
upon any investor in such a recipient if the recipient is a
pass-through entity or disregarded entity, and shall be treated as
taxes paid by the recipient, beneficiary, or investor for purposes of
section 5747.09 of the Revised Code. The credit is available to the
recipient, beneficiary, or investor even if the commission or
transferee does not remit to the tax commissioner the amount
withheld.

(2)
Division (B)(2) of this section applies only to persons classified
for federal income tax purposes as associations taxable as
corporations.

Amounts
withheld pursuant to this section or section 3770.072 of the Revised
Code shall be treated as a credit against the tax imposed pursuant to
section 5733.06 of the Revised Code for the tax year immediately
following the date on which those amounts are deducted and withheld,
upon the lottery prize award recipient, upon a beneficiary of such a
recipient, or upon an investor in such a recipient if the recipient
is a pass-through entity or disregarded entity, and shall be treated
as paid by the recipient, beneficiary, or investor on the date on
which those amounts are deducted and withheld. The credit is a
refundable credit and shall be claimed in the order required under
section 5733.98 of the Revised Code. The credit is available to the
recipient, beneficiary, or investor even if the commission or
transferee does not remit to the tax commissioner the amount
withheld.

(3)
Nothing in division (B)(1) or (2) of this section shall be construed
to allow more than one person to claim the credit for any portion of
each amount deducted and withheld.

(C)
Failure of the commission or any transferee to deduct and withhold
the required amounts from lottery prize awards or to remit amounts
withheld as required by this section and section 3770.072 of the
Revised Code shall not relieve a taxpayer described in division (B)
of this section from liability for the tax imposed by section 5733.06
or 5747.02 of the Revised Code.

Sec.
5747.063.
The
requirements imposed under this section are in addition to the
municipal income tax withholding requirements under section 718.031
of the Revised Code. As used in this section, "sports gaming
proprietor" and "sports gaming facility" have the same
meanings as in section 3775.01 of the Revised Code.

(A)(1)

If

Subject
to division (F) of this section, if
a
person's winnings from casino gaming or from sports gaming are an
amount for which reporting to the internal revenue service of the
amount is required by section 6041 of the Internal Revenue Code, as
amended, a casino operator or sports gaming proprietor shall deduct
and withhold Ohio income tax from the person's winnings at a rate of

four

three
and one-eighth
per
cent
for
calendar year 2025, after the effective date of this amendment, and
two and three-quarters per cent for calendar year 2026 and thereafter

of
the amount won. A person's amount of winnings from casino gaming
shall be determined each time the person exchanges amounts won in
tokens, chips, casino credit, or other prepaid representations of
value for cash or a cash equivalent. The casino operator or sports
gaming proprietor shall issue, to a person from whose winnings an
amount has been deducted and withheld, a receipt for the amount
deducted and withheld, and also shall obtain from the person
additional information that will be necessary for the casino operator
or sports gaming proprietor to prepare the returns required by this
section.

(2)
If a person's winnings from casino gaming or sports gaming require
reporting to the internal revenue service under division (A)(1) of
this section, the casino operator or sports gaming proprietor also
shall require the person to state in writing, under penalty of
falsification, whether the person is in default under a support
order.

(B)
Amounts deducted and withheld by a casino operator or sports gaming
proprietor are held in trust for the benefit of the state.

(1)
On or before the tenth day of each month, the casino operator
or
sports gaming proprietor
shall
file a return electronically with the tax commissioner identifying
the persons from whose winnings amounts were deducted and withheld,
the amount of each such deduction and withholding during the
preceding calendar month, the amount of the winnings from which each
such amount was withheld, the type of casino gaming or sports gaming
that resulted in such winnings, and any other information required by
the tax commissioner. With the return, the casino operator or sports
gaming proprietor shall remit electronically to the commissioner all
the amounts deducted and withheld during the preceding month.

(2)(a)
A casino operator or sports gaming proprietor shall maintain a record
of each written statement provided under division (A)(2) of this
section in which a person admits to being in default under a support
order. The casino operator or sports gaming proprietor shall make
these records available to the director of job and family services
upon request.

(b)
A casino operator or sports gaming proprietor shall maintain copies
of receipts issued under division (A)(1) of this section and of
written statements provided under division (A)(2) of this section and
shall make these copies available to the tax commissioner upon
request.

(c)
A casino operator or sports gaming proprietor shall maintain the
information described in divisions (B)(2)(a) and (b) of this section
in accordance with section 5747.17 of the Revised Code and any rules
adopted pursuant thereto.

(3)
Annually, on or before the thirty-first day of January, a casino
operator or sports gaming proprietor shall file an annual return
electronically with the tax commissioner indicating the total amount
deducted and withheld during the preceding calendar year. The casino
operator or sports gaming proprietor shall remit electronically with
the annual return any amount that was deducted and withheld and that
was not previously remitted. If the identity of a person and the
amount deducted and withheld with respect to that person were omitted
on a monthly return, that information shall be indicated on the
annual return.

(4)(a)
A casino operator or sports gaming proprietor who fails to file a
return and remit the amounts deducted and withheld is personally
liable for the amount deducted and withheld and not remitted. The
commissioner may impose a penalty up to one thousand dollars if a
return is filed late, if amounts deducted and withheld are remitted
late, if a return is not filed, or if amounts deducted and withheld
are not remitted. Interest accrues on past due amounts deducted and
withheld at the rate prescribed in section 5703.47 of the Revised
Code. The commissioner may collect past due amounts deducted and
withheld and penalties and interest thereon by assessment under
section 5747.13 of the Revised Code as if they were income taxes
collected by an employer.

(b)
If a casino operator or sports gaming proprietor sells the casino
facility or sports gaming facility, or otherwise quits the casino or
sports gaming business, the amounts deducted and withheld and any
penalties and interest thereon are immediately due and payable. The
successor shall withhold an amount of the purchase money that is
sufficient to cover the amounts deducted and withheld and penalties
and interest thereon until the predecessor casino operator or sports
gaming proprietor produces either a receipt from the commissioner
showing that the amounts deducted and withheld and penalties and
interest thereon have been paid or a certificate from the
commissioner indicating that no amounts deducted and withheld or
penalties and interest thereon are due. If the successor fails to
withhold purchase money, the successor is personally liable for
payment of the amounts deducted and withheld and penalties and
interest thereon, up to the amount of the purchase money.

(C)(1)

(C)

Annually,
on or before the thirty-first day of January, a casino operator or
sports gaming proprietor shall issue an information return to each
person with respect to whom an amount has been deducted and withheld
during the preceding calendar year. The information return shall show
the total amount deducted from the person's winnings by the casino
operator or sports gaming proprietor during the preceding calendar
year.

(2)
Annually, on or before the thirty-first day of January, a casino
operator or sports gaming proprietor shall provide to the
commissioner a copy of each information return issued under division
(C)(1) of this section for the preceding calendar year. The
commissioner may require that the copies be transmitted
electronically.

(D)
Amounts deducted and withheld shall be allowed as a credit against
payment of the tax imposed by section 5747.02 of the Revised Code and
shall be treated as taxes paid for purposes of section 5747.09 of the
Revised Code. This division applies only to the person for whom the
amount is deducted and withheld.

(E)
The failure of a casino operator or sports gaming proprietor to
deduct and withhold the required amount from a person's winnings does
not relieve the person from liability for the tax imposed by section
5747.02 of the Revised Code with respect to those winnings. And
compliance with this section does not relieve a casino operator or
sports gaming proprietor or a person who has winnings from casino
gaming or sports gaming from compliance with relevant provisions of
federal tax laws.

(F)

A
sports gaming proprietor that offers lottery sports gaming through a
terminal described in division (B)(3) of section 3770.24 of the
Revised Code shall not withhold amounts under this section from
winnings from wagers placed through that terminal. The state lottery
commission shall withhold amounts from those winnings under section
5747.062 of the Revised Code.

(G)

The commissioner shall prescribe the form of the receipt and returns
required by this section. The director of job and family services
shall prescribe the form of the statement required by this section.

(G)
(H)

The commissioner may adopt rules that are necessary to administer
this section.

Sec.
5747.064.
The
requirements imposed under this section are in addition to the
municipal income tax withholding requirements under section 718.031
of the Revised Code.

(A)
As used in this section
:

(1)
"Video lottery terminal"
,
"video lottery sales agent"
has
the same meaning as in section
3770.21

3770.10

of
the Revised Code.

(2)
"Lottery sports gaming" has the same meaning as in section
3770.23 of the Revised Code.

(B)
If a person's prize award from a video lottery terminal
or
from lottery sports gaming offered in a video lottery terminal
facility
is
an amount for which reporting to the internal revenue service of the
amount is required by section 6041 of the Internal Revenue Code, as
amended, the
video

lottery
sales agent shall deduct and withhold Ohio income tax from the
person's prize award at a rate of
four

three
and one-eighth
per
cent
for
calendar year 2025, after the effective date of this amendment, and
two and three-quarters per cent for calendar year 2026 and thereafter

of
the amount won. The
video

lottery
sales agent shall issue, to a person from whose prize award an amount
has been deducted or withheld, a receipt for the amount deducted and
withheld, and also shall obtain from the person additional
information that will be necessary for the
video

lottery
sales agent to prepare the returns required by this section.

(C)
Amounts deducted and withheld by a
video

lottery
sales agent are held in trust for the benefit of the state.

(1)
On or before the tenth day of each month, the
video

lottery
sales agent shall file a return electronically with the tax
commissioner identifying the persons from whose prize awards amounts
were deducted and withheld, the amount of each such deduction and
withholding during the preceding month, the amount of the prize award
from which each such amount was withheld, and any other information
required by the commissioner. With the return, the
video

lottery
sales agent shall remit electronically to the commissioner all the
amounts deducted and withheld during the preceding month.

(2)
A
video

lottery
sales agent shall maintain a record of all receipts issued under
division (B) of this section and shall make those records available
to the commissioner upon request. Such records shall be maintained in
accordance with section 5747.17 of the Revised Code and any rules
adopted pursuant thereto.

(3)
Annually, on or before the thirty-first day of January, a
video

lottery
sales agent shall file an annual return electronically with the tax
commissioner indicating the total amount deducted and withheld during
the preceding calendar year. The
video

lottery
sales agent shall remit electronically with the annual return any
amount that was deducted and withheld and that was not previously
remitted. If the identity of a person and the amount deducted and
withheld with respect to that person were omitted on a monthly
return, that information shall be indicated on the annual return.

(4)(a)
A
video

lottery
sales agent who fails to file a return and remit the amounts deducted
and withheld is personally liable for the amount deducted and
withheld and not remitted. The commissioner may impose a penalty of
up to one thousand dollars if a return is filed late, if amounts
deducted and withheld are remitted late, if a return is not filed, or
if amounts deducted and withheld are not remitted. Interest accrues
on past due amounts deducted and withheld at the rate prescribed in
section 5703.47 of the Revised Code. The commissioner may collect
past due amounts deducted and withheld and penalties and interest
thereon by assessment under section 5747.13 of the Revised Code as if
they were income taxes collected by an employer.

(b)
If a
video

lottery
sales agent ceases to operate video lottery terminals, the amounts
deducted and withheld and any penalties and interest thereon are
immediately due and payable. A successor of the
video

lottery
sales agent that purchases the video lottery terminals from the agent
shall withhold an amount of the purchase money that is sufficient to
cover the amounts deducted and withheld and penalties and interest
thereon until the predecessor
video

lottery
sales agent produces either a receipt from the tax commissioner
showing that the amounts deducted and withheld and penalties and
interest thereon have been paid or a certificate from the
commissioner indicating that no amounts deducted and withheld or
penalties and interest thereon are due. If the successor fails to
withhold purchase money, the successor is personally liable for
payment of the amounts deducted and withheld and penalties and
interest thereon, up to the amount of the purchase money.

(D)(1)
(D)

Annually, on or before the thirty-first day of January, a
video

lottery
sales agent shall issue an information return to each person with
respect to whom an amount has been deducted and withheld during the
preceding calendar year. The information return shall show the total
amount deducted from the person's prize award by the
video

lottery
sales agent during the preceding year.

(2)
Annually, on or before the thirty-first day of January, a lottery
sales agent shall provide to the tax commissioner a copy of each
information return issued under division (D)(1) of this section for
the preceding calendar year. The commissioner may require that such
copies be transmitted electronically.

(E)
Amounts deducted and withheld shall be allowed as a credit against
payment of the tax imposed by section 5747.02 of the Revised Code and
shall be treated as taxes paid for purposes of section 5747.09 of the
Revised Code. This division applies only to the person for whom the
amount is deducted and withheld.

(F)
The failure of a
video

lottery
sales agent to deduct and withhold the required amount from a
person's prize award does not relieve the person from liability for
the tax imposed by section 5747.02 of the Revised Code with respect
to that income. Compliance with this section does not relieve a
video

lottery
sales agent or a person who has a prize award from compliance with
relevant provisions of federal tax laws.

(G)
The commissioner shall prescribe the form of the receipt and returns
required by this section and may promulgate any rules necessary to
administer the section.

Sec.
5747.07.
(A)
As used in this section:

(1)
"Partial weekly withholding period" means a period during
which an employer directly, indirectly, or constructively pays
compensation to, or credits compensation to the benefit of, an
employee, and that consists of a consecutive Saturday, Sunday,
Monday, and Tuesday or a consecutive Wednesday, Thursday, and Friday.
There are two partial weekly withholding periods each week, except
that a partial weekly withholding period cannot extend from one
calendar year into the next calendar year; if the first day of
January falls on a day other than Saturday or Wednesday, the partial
weekly withholding period ends on the thirty-first day of December
and there are three partial weekly withholding periods during that
week.

(2)
"Undeposited taxes" means the taxes an employer is required
to deduct and withhold from an employee's compensation pursuant to
section 5747.06 of the Revised Code that have not been remitted to
the tax commissioner pursuant to this section or section 5747.072 of
the Revised Code.

(3)
A "week" begins on Saturday and concludes at the end of the
following Friday.

(4)

"Professional
employer organization," "professional employer organization
agreement," and "professional employer organization
reporting entity" have the same meanings as in section 4125.01
of the Revised Code.

(5)
"Alternate employer organization" and "alternate
employer organization agreement" have the same meanings as in
section 4133.01 of the Revised Code.

(6)

"Client
employer" has the same meaning as in section 4125.01 of the
Revised Code in the context of a professional employer organization
or a professional employer organization reporting entity, or the same
meaning as in section 4133.01 of the Revised Code in the context of
an alternate employer organization.

(B)
Except as provided in divisions (C) and (D) of this section and in
division (A) of section 5747.072 of the Revised Code, every employer
required to deduct and withhold any amount under section 5747.06 of
the Revised Code shall file a return and shall pay the amount
required by law as follows:

(1)
An employer who accumulates or is required to accumulate undeposited
taxes of one hundred thousand dollars or more during a partial weekly
withholding period shall make the payment of the undeposited taxes by
the close of the first banking day after the day on which the
accumulation reaches one hundred thousand dollars. If required under
division (I) of this section, the payment shall be made
electronically under section 5747.072 of the Revised Code.

(2)
Except as required by division (B)(1) of this section, an employer
whose actual or required payments under this section were at least
eighty-four thousand dollars during the twelve-month period ending on
the thirtieth day of June of the preceding calendar year shall make
the payment of undeposited taxes within three banking days after the
close of a partial weekly withholding period during which the
employer was required to deduct and withhold any amount under this
chapter. If required under division (I) of this section, the payment
shall be made electronically under section 5747.072 of the Revised
Code.

(3)
Except as required by divisions (B)(1) and (2) of this section, if an
employer's actual or required payments were more than two thousand
dollars during the twelve-month period ending on the thirtieth day of
June of the preceding calendar year, the employer shall make the
payment of undeposited taxes for each month during which they were
required to be withheld no later than fifteen days following the last
day of that month. The employer shall file the return prescribed by
the tax commissioner with the payment.

(4)
Except as required by divisions (B)(1), (2), and (3) of this section,
an employer shall make the payment of undeposited taxes for each
calendar quarter during which they were required to be withheld no
later than the last day of the month following the last day of March,
June, September, and December each year. The employer shall file the
return prescribed by the tax commissioner with the payment.

(C)
The return and payment schedules prescribed by divisions (B)(1) and
(2) of this section do not apply to the return and payment of
undeposited school district income taxes arising from taxes levied
pursuant to Chapter 5748. of the Revised Code. Undeposited school
district income taxes shall be returned and paid pursuant to
divisions (B)(3) and (4) of this section, as applicable.

(D)(1)
The requirements of division (B) of this section are met if the
amount paid is not less than ninety-five per cent of the actual tax
withheld or required to be withheld for the prior quarterly, monthly,
or partial weekly withholding period, and the underpayment is not due
to willful neglect. Any underpayment of withheld tax shall be paid
within thirty days of the date on which the withheld tax was due
without regard to division (D)(1) of this section. An employer
described in division (B)(1) or (2) of this section shall make the
payment electronically under section 5747.072 of the Revised Code.

(2)
If the tax commissioner believes that quarterly or monthly payments
would result in a delay that might jeopardize the remittance of
withholding payments, the commissioner may order that the payments be
made weekly, or more frequently if necessary, and the payments shall
be made no later than three banking days following the close of the
period for which the jeopardy order is made. An order requiring
weekly or more frequent payments shall be delivered to the employer
in the manner provided in section 5703.37 of the Revised Code and
remains in effect until the commissioner notifies the employer to the
contrary.

(3)
If compelling circumstances exist concerning the remittance of
undeposited taxes, the commissioner may order the employer to make
payments under any of the payment schedules under division (B) of
this section. The order shall be delivered to the employer in the
manner provided in section 5703.37 of the Revised Code and shall
remain in effect until the commissioner notifies the employer to the
contrary. For purposes of division (D)(3) of this section,
"compelling circumstances" exist if either or both of the
following are true:

(a)
Based upon annualization of payments made or required to be made
during the preceding calendar year and during the current calendar
year, the employer would be required for the next calendar year to
make payments under division (B)(2) of this section.

(b)
Based upon annualization of payments made or required to be made
during the current calendar year, the employer would be required for
the next calendar year to make payments under division (B)(2) of this
section.

(E)(1)
In addition to other returns required to be filed and payments
required to be made under this section, every employer required to
deduct and withhold taxes shall file, not later than the thirty-first
day of January of each year, an annual return covering, but not
limited to, both the aggregate amount deducted and withheld and the
aggregate amount required to be deducted and withheld during the
entire preceding year for the tax imposed under section 5747.02 of
the Revised Code and for each tax imposed under Chapter 5748. of the
Revised Code. At the time of filing that return, the employer shall
pay over any amounts of undeposited taxes for the preceding year,
whether actually deducted and withheld or required to be deducted and
withheld, that have not been previously paid. The employer shall make
the annual report, to each employee and to the tax commissioner, of
the compensation paid and each tax withheld, as the commissioner by
rule may prescribe.

(2)
Each employer required to deduct and withhold any tax is liable for
the payment of that amount required to be deducted and withheld,
whether or not the tax has in fact been withheld, unless the failure
to withhold was based upon the employer's good faith in reliance upon
the statement of the employee as to liability, and the amount shall
be deemed to be a special fund in trust for the general revenue fund.

(F)
Each employer shall file with the employer's annual return the
following items of information on employees for whom withholding is
required under section 5747.06 of the Revised Code:

(1)
The full name of each employee, the employee's address, the
employee's school district of residence, and in the case of a
nonresident employee, the employee's principal county of employment;

(2)
The social security number of each employee;

(3)
The total amount of compensation paid before any deductions to each
employee for the period for which the annual return is made;

(4)
The amount of the tax imposed by section 5747.02 of the Revised Code
and the amount of each tax imposed under Chapter 5748. of the Revised
Code withheld from the compensation of the employee for the period
for which the annual return is made. The commissioner may extend upon
good cause the period for filing any notice or return required to be
filed under this section and may adopt rules relating to extensions
of time. If the extension results in an extension of time for the
payment of the amounts withheld with respect to which the return is
filed, the employer shall pay, at the time the amount withheld is
paid, an amount of interest computed at the rate per annum prescribed
by section 5703.47 of the Revised Code on that amount withheld, from
the day that amount was originally required to be paid to the day of
actual payment or to the day an assessment is issued under section
5747.13 of the Revised Code, whichever occurs first.

(5)
In addition to all other interest charges and penalties imposed, all
amounts of taxes withheld or required to be withheld and remaining
unpaid after the day the amounts are required to be paid shall bear
interest from the date prescribed for payment at the rate per annum
prescribed by section 5703.47 of the Revised Code on the amount
unpaid, in addition to the amount withheld, until paid or until the
day an assessment is issued under section 5747.13 of the Revised
Code, whichever occurs first.

(G)
An employee of a corporation, limited liability company, or business
trust having control or supervision of or charged with the
responsibility of filing the report and making payment, or an
officer, member, manager, or trustee of a corporation, limited
liability company, or business trust who is responsible for the
execution of the corporation's, limited liability company's, or
business trust's fiscal responsibilities, shall be personally liable
for failure to file the report or pay the tax due as required by this
section. The dissolution, termination, or bankruptcy of a
corporation, limited liability company, or business trust does not
discharge a responsible officer's, member's, manager's, employee's,
or trustee's liability for a failure of the corporation, limited
liability company, or business trust to file returns or pay tax due.

(H)
If an employer required to deduct and withhold income tax from
compensation and to pay that tax to the state under sections 5747.06
and 5747.07 of the Revised Code sells the employer's business or
stock of merchandise or quits the employer's business, the taxes
required to be deducted and withheld and paid to the state pursuant
to those sections prior to that time, together with any interest and
penalties imposed on those taxes, become due and payable immediately,
and that person shall make a final return within fifteen days after
the date of selling or quitting business. The employer's successor
shall withhold a sufficient amount of the purchase money to cover the
amount of the taxes, interest, and penalties due and unpaid, until
the former owner produces a receipt from the tax commissioner showing
that the taxes, interest, and penalties have been paid or a
certificate indicating that no such taxes are due. If the purchaser
of the business or stock of merchandise fails to withhold purchase
money, the purchaser shall be personally liable for the payment of
the taxes, interest, and penalties accrued and unpaid during the
operation of the business by the former owner. If the amount of
taxes, interest, and penalties outstanding at the time of the
purchase exceeds the total purchase money, the tax commissioner in
the commissioner's discretion may adjust the liability of the seller
or the responsibility of the purchaser to pay that liability to
maximize the collection of withholding tax revenue.

(I)
An employer whose actual or required payments under this section
exceeded eighty-four thousand dollars during the twelve-month period
ending on the thirtieth day of June of the preceding calendar year
shall make all payments required by this section for the year
electronically under section 5747.072 of the Revised Code.

(J)(1)
Every professional employer organization, professional employer
organization reporting entity, and alternate employer organization
shall file a report with the tax commissioner within thirty days
after commencing business in this state that includes all of the
following information:

(a)
The name, address, number the employer receives from the secretary of
state to do business in this state, if applicable, and federal
employer identification number of each client employer of the
organization or entity;

(b)
The date that each client employer became a client of the
organization or entity;

(c)
The names and mailing addresses of the chief executive officer and
the chief financial officer of each client employer for taxation of
the client employer.

(2)
Beginning with the calendar quarter ending after a professional
employer organization, professional employer organization reporting
entity, or alternate employer organization files the report required
under division (J)(1) of this section, and every calendar quarter
thereafter, the organization or entity shall file an updated report
with the tax commissioner. The organization or entity shall file the
updated report not later than the last day of the month following the
end of the calendar quarter and shall include all of the following
information in the report:

(a)
If an entity became a client employer of the professional employer
organization, professional employer organization reporting entity, or
alternate employer organization at any time during the calendar
quarter, all of the information required under division (J)(1) of
this section for each new client employer;

(b)
If an entity terminated the professional employer organization
agreement or the alternate employer organization agreement between
the entity and the professional employer organization, professional
employer organization reporting entity, or alternate employer
organization, as applicable, at any time during the calendar quarter,
the information described in division (J)(1)(a) of this section for
that entity, the date during the calendar quarter that the entity
ceased being a client of the organization or reporting entity, if
applicable, or the date the entity ceased business operations in this
state, if applicable;

(c)
If the name or mailing address of the chief executive officer or the
chief financial officer of a client employer has changed since the
professional employer organization, professional employer
organization reporting entity, or alternate employer organization
previously submitted a report under division (J)(1) or (2) of this
section, the updated name or mailing address, or both, of the chief
executive officer or the chief financial officer, as applicable;

(d)
If none of the events described in divisions (J)(2)(a) to (c) of this
section occurred during the calendar quarter, a statement of that
fact.

Sec.
5747.071.
(A)
As used in this section:

(1)
"Retirement system" means the public employees retirement
system, state teachers retirement system, school employees retirement
system, Ohio police and fire pension fund, state highway patrol
retirement system, and any municipal retirement system.

(2)

"Retirement
plan" means a person, other than a retirement system, that
manages a group or individual retirement account, fund, or plan.

(3)

"Benefits"
means all annuities, allowances, pensions, and other benefits paid by
a retirement system

or
retirement plan
.

(3)
(4)

"Recipient" means any person receiving benefits from a
retirement system

or
retirement plan
.

(B)
Any recipient may request the recipient's retirement system
or
retirement plan
to
deduct and withhold from the recipient's benefits an amount during
the calendar year reasonably estimated to be equal to the tax due
from the recipient under this chapter
and
Chapter 5748. of the Revised Code
for
the year with respect to the recipient's benefits from the retirement
system
or
retirement plan
that
are included in the recipient's adjusted gross income. The request
shall be made pursuant to an application filed with the retirement
system

or
retirement plan
,
on a form the system
or
plan
shall
supply, and shall include
the

an

estimate

of

from

the
recipient of the amount of state income taxes that will be due in the
ensuing calendar year with respect to the benefits from the
retirement system

or
retirement plan
.

(C)
A retirement system
or
retirement plan
with
which an application is filed under this section, commencing with the
calendar year following the year in which the application is filed,
shall withhold from the benefits of the recipient an amount that
equals for the calendar year, the amount of taxes that the recipient
estimated would be due for the year. The amount to be withheld for a
calendar year shall be apportioned throughout the calendar year.

(D)
A recipient may submit an amended application to increase or decrease
the amount that will be withheld by the retirement system
or
retirement plan
in
an ensuing year.

(E)
A retirement system
or
retirement plan
that
withholds a portion of the benefits of a recipient under this section
shall file returns and pay the amounts withheld in accordance with
the requirements of section 5747.07 of the Revised Code.

The
tax commissioner may collect from a retirement plan past due amounts
deducted and withheld and penalties and interest thereon by
assessment under section 5747.13 of the Revised Code as if those
amounts were income taxes collected by an employer.

(F)
Every retirement system
or
retirement plan
required
to deduct and withhold tax from benefits pursuant to this section
shall furnish to the recipient, with respect to the benefits paid to
the recipient during the calendar year, on or before the thirty-first
day of January of the succeeding year, a written statement showing
the amount of benefits deducted and withheld as state income tax,

any
amount deducted and withheld as school district income tax for each
applicable school district,

and such other information as the tax commissioner requires.

(G)
A retirement system
or,
in the case of a retirement plan, the tax commissioner
may
adopt rules governing withholding under this section.

Sec.
5747.073.
(A)
As used in this section:

(1)
"Bulk filer" means a payroll service provider or similar
entity that is registered with the tax commissioner to submit
employer withholding tax returns in accordance with this section.

(2)
"Payroll service provider" means a third party that assists
an employer with payroll administration and state employer
withholding tax obligations. A payroll service provider may include a
professional employer organization or alternate employer
organization.

(3)
"Client company" means an employer on whose behalf a bulk
filer agrees to submit employer withholding returns in accordance
with this section.

(B)(1)
An employer may elect to use a bulk filer to comply with its state
and school district income tax withholding obligations under this
chapter.

(2)(a)
Within five days after becoming a client company, the employer shall
notify the tax commissioner, in a format prescribed by the
commissioner, of the name of the approved bulk filer it is electing
to use and the taxes the bulk filer will be remitting on its behalf.

(b)
When using a bulk filer, the client company shall maintain all
registrations required by the tax commissioner related to electronic
filing and payment of the amounts described in divisions (A) and (E)
of section 5747.06 of the Revised Code.

(C)(1)
The tax commissioner shall approve each bulk filer before the bulk
filer can file withholding tax returns on behalf of client companies.
The commissioner shall prescribe guidelines and conditions of
participation in the bulk file program that include standards of
conduct, software tests, and file formats.

(2)
The commissioner shall maintain a list of approved bulk filers on the
department of taxation's official web site. Such information is not
prohibited from disclosure under section 5703.21 of the Revised Code.

(3)
Each bulk filer shall comply with all requirements of law pertaining
to employers maintaining an office or transacting business in this
state and paying compensation to an employee who is a taxpayer.

(4)
A bulk filer that is not a professional employer organization,
professional employer organization reporting entity, or alternate
employer organization shall file a report in the same manner and
frequency as required of a professional employer organization,
professional employer organization reporting entity, or alternate
employer organization under division (J) of section 5747.07 of the
Revised Code. For purposes of this division, "client company"
shall be substituted for "client employer" wherever "client
employer" appears in that division.

(D)
All returns, reports, and payments filed or remitted by a bulk filer
shall be made through an electronic means as prescribed by the tax
commissioner, regardless of the bulk filer's number of client
companies, or the number of returns, reports, or payments being filed
or remitted. The bulk filer shall register for and maintain all
accounts needed to electronically make such filings and payments.

(E)(1)
A bulk filer's authorization under this section is valid until either
of the following events occurs:

(a)
The bulk filer dissolves, loses its existence as the result of a
merger, or otherwise ceases business;

(b)
The authorization is rescinded or suspended by the tax commissioner
for failure to meet the guidelines and conditions of participation in
the bulk file program, including any guidelines or conditions
established or modified after the bulk filer receives its
authorization.

(2)
A bulk filer shall notify its client companies within five days after
the bulk filer's authorization is rescinded, suspended, or is
otherwise no longer valid or active. If an entity no longer meets the
requirements to be a bulk filer, the client companies of the former
bulk filer shall immediately resume their state and school district
withholding filing and payment obligations under this chapter.

(F)(1)
The tax commissioner may collect past due amounts from a bulk filer,
including penalties and interest thereon, by assessment under section
5747.13 of the Revised Code as if the amounts were taxes collected by
an employer.

(2)
A bulk filer is subject to all applicable penalties under Title LVII
of the Revised Code as if the bulk filer were the client company.

(3)
Notwithstanding the commissioner's authority under division (F)(1) of
this section, a client company remains subject to assessment if its
bulk filer fails to timely file all returns or reports, or to timely
remit any payment, on the client company's behalf. The use of a bulk
filer does not abrogate the ability of the commissioner to hold
employees, officers, members, managers, or trustees of the client
company personally liable under division (G) of section 5747.07 of
the Revised Code.

(4)
Any liability assessed against both a bulk filer and a client company
shall be joint and several.

(5)
A client company is not responsible for filings or amounts that a
bulk filer fails to make or remit on behalf of another client
company.

(6)
A bulk filer is subject to division (H) of section 5747.07 of the
Revised Code as if it were an employer subject to that section.

(G)
A bulk filer may file a refund application pursuant to section
5747.11 of the Revised Code on behalf of one or more of its client
companies.

Sec.
5747.08.
An
annual return with respect to the tax imposed by section 5747.02 of
the Revised Code and each tax imposed under Chapter 5748. of the
Revised Code shall be made by every taxpayer for any taxable year for
which the taxpayer is liable for the tax imposed by that section or
under that chapter, unless the total credits allowed under division
(E) of section 5747.05 and divisions (F) and (G) of section 5747.055
of the Revised Code for the year are equal to or exceed the tax
imposed by section 5747.02 of the Revised Code, in which case no
return shall be required unless the taxpayer is liable for a tax
imposed pursuant to Chapter 5748. of the Revised Code.

(A)
If an individual is deceased, any return or notice required of that
individual under this chapter shall be made and filed by that
decedent's executor, administrator, or other person charged with the
property of that decedent.

(B)
If an individual is unable to make a return or notice required by
this chapter, the return or notice required of that individual shall
be made and filed by the individual's duly authorized agent,
guardian, conservator, fiduciary, or other person charged with the
care of the person or property of that individual.

(C)
Returns or notices required of an estate or a trust shall be made and
filed by the fiduciary of the estate or trust.

(D)(1)(a)
Except as otherwise provided in division (D)(1)(b) of this section,
any pass-through entity may file a single return on behalf of one or
more of the entity's investors other than an investor that is a
person subject to the tax imposed under section 5733.06 of the
Revised Code. The single return shall set forth the name, address,
and social security number or other identifying number of each of
those pass-through entity investors and shall indicate the
distributive share of each of those pass-through entity investor's
income taxable in this state in accordance with sections 5747.20 to
5747.231 of the Revised Code. Such pass-through entity investors for
whom the pass-through entity elects to file a single return are not
entitled to the exemption or credit provided for by sections 5747.02
and 5747.022 of the Revised Code; shall calculate the tax before
business credits at the highest rate of tax set forth in section
5747.02 of the Revised Code for the taxable year for which the return
is filed; and are entitled to only their distributive share of the
business credits as defined in division (D)(2) of this section. A
single check drawn by the pass-through entity shall accompany the
return in full payment of the tax due, as shown on the single return,
for such investors, other than investors who are persons subject to
the tax imposed under section 5733.06 of the Revised Code.

(b)(i)
A pass-through entity shall not include in such a single return any
investor that is a trust to the extent that any direct or indirect
current, future, or contingent beneficiary of the trust is a person
subject to the tax imposed under section 5733.06 of the Revised Code.

(ii)
A pass-through entity shall not include in such a single return any
investor that is itself a pass-through entity to the extent that any
direct or indirect investor in the second pass-through entity is a
person subject to the tax imposed under section 5733.06 of the
Revised Code.

(c)
Except as provided by division (L) of this section, nothing in
division (D) of this section precludes the tax commissioner from
requiring such investors to file the return and make the payment of
taxes and related interest, penalty, and interest penalty required by
this section or section 5747.02, 5747.09, or 5747.15 of the Revised
Code. Nothing in division (D) of this section precludes such an
investor from filing the annual return under this section, utilizing
the refundable credit equal to the investor's proportionate share of
the tax paid by the pass-through entity on behalf of the investor
under division (I) of this section, and making the payment of taxes
imposed under section 5747.02 of the Revised Code. Nothing in
division (D) of this section shall be construed to provide to such an
investor or pass-through entity any additional deduction or credit,
other than the credit provided by division (I) of this section,
solely on account of the entity's filing a return in accordance with
this section. Such a pass-through entity also shall make the filing
and payment of estimated taxes on behalf of the pass-through entity
investors other than an investor that is a person subject to the tax
imposed under section 5733.06 of the Revised Code.

(2)
For the purposes of this section, "business credits" means
the credits listed in section 5747.98 of the Revised Code excluding
the following credits:

(a)
The retirement income credit under division (B) of section 5747.055
of the Revised Code;

(b)
The senior citizen credit under division (F) of section 5747.055 of
the Revised Code;

(c)
The lump sum distribution credit under division (G) of section
5747.055 of the Revised Code;

(d)
The dependent care credit under section 5747.054 of the Revised Code;

(e)
The lump sum retirement income credit under division (C) of section
5747.055 of the Revised Code;

(f)
The lump sum retirement income credit under division (D) of section
5747.055 of the Revised Code;

(g)
The lump sum retirement income credit under division (E) of section
5747.055 of the Revised Code;

(h)
The credit for displaced workers who pay for job training under
section 5747.27 of the Revised Code;

(i)
The twenty-dollar personal exemption credit under section 5747.022 of
the Revised Code;

(j)
The joint filing credit under division (E) of section 5747.05 of the
Revised Code;

(k)
The nonresident credit under division (A) of section 5747.05 of the
Revised Code;

(l)
The credit for a resident's out-of-state income under division (B) of
section 5747.05 of the Revised Code;

(m)
The earned income tax credit under section 5747.71 of the Revised
Code;

(n)
The lead abatement credit under section 5747.26 of the Revised Code;

(o)
The credit for education expenses under section 5747.72 of the
Revised Code
;

(p)
The credit for tuition paid to a nonchartered nonpublic school under
section 5747.75 of the Revised Code
.

(3)
The election provided for under division (D) of this section applies
only to the taxable year for which the election is made by the
pass-through entity. Unless the tax commissioner provides otherwise,
this election, once made, is binding and irrevocable for the taxable
year for which the election is made. Nothing in this division shall
be construed to provide for any deduction or credit that would not be
allowable if a nonresident pass-through entity investor were to file
an annual return.

(4)
If a pass-through entity makes the election provided for under
division (D) of this section, the pass-through entity shall be liable
for any additional taxes, interest, interest penalty, or penalties
imposed by this chapter if the tax commissioner finds that the single
return does not reflect the correct tax due by the pass-through
entity investors covered by that return. Nothing in this division
shall be construed to limit or alter the liability, if any, imposed
on pass-through entity investors for unpaid or underpaid taxes,
interest, interest penalty, or penalties as a result of the
pass-through entity's making the election provided for under division
(D) of this section. For the purposes of division (D) of this
section, "correct tax due" means the tax that would have
been paid by the pass-through entity had the single return been filed
in a manner reflecting the commissioner's findings. Nothing in
division (D) of this section shall be construed to make or hold a
pass-through entity liable for tax attributable to a pass-through
entity investor's income from a source other than the pass-through
entity electing to file the single return.

(E)
If a husband and wife file a joint federal income tax return for a
taxable year, they shall file a joint return under this section for
that taxable year, and their liabilities are joint and several, but,
if the federal income tax liability of either spouse is determined on
a separate federal income tax return, they shall file separate
returns under this section.

If
either spouse is not required to file a federal income tax return and
either or both are required to file a return pursuant to this
chapter, they may elect to file separate or joint returns, and,
pursuant to that election, their liabilities are separate or joint
and several. If a husband and wife file separate returns pursuant to
this chapter, each must claim the taxpayer's own exemption, but not
both, as authorized under section 5747.02 of the Revised Code on the
taxpayer's own return.

(F)
Each return or notice required to be filed under this section shall
contain the signature of the taxpayer or the taxpayer's duly
authorized agent and of the person who prepared the return for the
taxpayer, and shall include the taxpayer's social security number.
Each return shall be verified by a declaration under the penalties of
perjury. The tax commissioner shall prescribe the form that the
signature and declaration shall take.

(G)
Each return or notice required to be filed under this section shall
be made and filed as required by section 5747.04 of the Revised Code,
on or before the fifteenth day of April of each year, on forms that
the tax commissioner shall prescribe, together with remittance made
payable to the treasurer of state in the combined amount of the state
and all school district income taxes shown to be due on the form.

Upon
good cause shown, the commissioner may extend the period for filing
any notice or return required to be filed under this section and may
adopt rules relating to extensions. If the extension results in an
extension of time for the payment of any state or school district
income tax liability with respect to which the return is filed, the
taxpayer shall pay at the time the tax liability is paid an amount of
interest computed at the rate per annum prescribed by section 5703.47
of the Revised Code on that liability from the time that payment is
due without extension to the time of actual payment. Except as
provided in section 5747.132 of the Revised Code, in addition to all
other interest charges and penalties, all taxes imposed under this
chapter or Chapter 5748. of the Revised Code and remaining unpaid
after they become due, except combined amounts due of one dollar or
less, bear interest at the rate per annum prescribed by section
5703.47 of the Revised Code until paid or until the day an assessment
is issued under section 5747.13 of the Revised Code, whichever occurs
first.

If
the commissioner considers it necessary in order to ensure the
payment of the tax imposed by section 5747.02 of the Revised Code or
any tax imposed under Chapter 5748. of the Revised Code, the
commissioner may require returns and payments to be made otherwise
than as provided in this section.

To
the extent that any provision in this division conflicts with any
provision in section 5747.026 of the Revised Code, the provision in
that section prevails.

(H)
The amounts withheld pursuant to section 5747.06, 5747.062, 5747.063,
5747.064, 5747.065, or 5747.071 of the Revised Code shall be allowed
to the ultimate recipient of the income as credits against payment of
the appropriate taxes imposed on the ultimate recipient by section
5747.02 and under Chapter 5748. of the Revised Code. As used in this
division, "ultimate recipient" means the person who is
required to report income from which amounts are withheld pursuant to
section 5747.06, 5747.062, 5747.063, 5747.064, 5747.065, or 5747.071
of the Revised Code on the annual return required to be filed under
this section.

(I)
If a pass-through entity elects to file a single return under
division (D) of this section and if any investor is required to file
the annual return and make the payment of taxes required by this
chapter on account of the investor's other income that is not
included in a single return filed by a pass-through entity or any
other investor elects to file the annual return, the investor is
entitled to a refundable credit equal to the investor's proportionate
share of
the
lesser of the tax due or
the
tax paid by the pass-through entity on behalf of the investor. The
investor shall claim the credit for the investor's taxable year in
which or with which ends the taxable year of the pass-through entity.
Nothing in this chapter shall be construed to allow any credit
provided in this chapter to be claimed more than once. For the
purpose of computing any interest, penalty, or interest penalty, the
investor shall be deemed to have paid the refundable credit provided
by this division on the day that the pass-through entity paid the
estimated tax or the tax giving rise to the credit.

(J)
The tax commissioner shall ensure that each return required to be
filed under this section includes a box that the taxpayer may check
to authorize a paid tax preparer who prepared the return to
communicate with the department of taxation about matters pertaining
to the return. The return or instructions accompanying the return
shall indicate that by checking the box the taxpayer authorizes the
department of taxation to contact the preparer concerning questions
that arise during the processing of the return and authorizes the
preparer only to provide the department with information that is
missing from the return, to contact the department for information
about the processing of the return or the status of the taxpayer's
refund or payments, and to respond to notices about mathematical
errors, offsets, or return preparation that the taxpayer has received
from the department and has shown to the preparer.

(K)
The tax commissioner shall permit individual taxpayers to instruct
the department of taxation to cause any refund of overpaid taxes to
be deposited directly into a checking account, savings account, or an
individual retirement account or individual retirement annuity, or
preexisting college savings plan or program account offered by the
Ohio tuition trust authority under Chapter 3334. of the Revised Code,
as designated by the taxpayer, when the taxpayer files the annual
return required by this section electronically.

(L)
If, for the taxable year, a nonresident or trust that is the owner of
an electing pass-through entity, as defined in section 5747.38 of the
Revised Code, does not have Ohio adjusted gross income or, in the
case of a trust, modified Ohio taxable income other than from one or
more electing pass-through entities, the nonresident or trust shall
not be required to file an annual return under this section. Nothing
in this division precludes such an owner from filing the annual
return under this section, utilizing the refundable credit under
section 5747.39 of the Revised Code equal to the owner's
proportionate share of the tax levied under section 5747.38 of the
Revised Code and paid by the electing pass-through entity, and making
the payment of taxes imposed under section 5747.02 of the Revised
Code.

(M)
The tax commissioner may adopt rules to administer this section.

Sec.
5747.09.
(A)
As used in this section:

(1)
"Estimated taxes" means the amount that the taxpayer
estimates to be the taxpayer's combined tax liability under this
chapter and Chapter 5748. of the Revised Code for the current taxable
year.

(2)
"Tax liability" means the total taxes due for the taxable
year, after allowing any credit to which the taxpayer is entitled,
but prior to applying any estimated tax payment, withholding payment,
or refund from another tax year.

(3)
"Taxes paid" include payments of estimated taxes made under
division (C) of this section, taxes withheld from the taxpayer's
compensation, and tax refunds applied by the taxpayer in payment of
estimated taxes.

(4)
"Required installment" means a payment equal to twenty-five
per cent of the lesser of the following:

(a)
Ninety per cent of the tax liability for the taxable year;

(b)
One hundred per cent of the tax liability shown on the return of a
taxpayer for the preceding taxable year.

Division
(A)(4)(b) of this section applies only if the taxpayer filed a return
under section 5747.08 of the Revised Code for the preceding taxable
year and if the preceding taxable year was a twelve-month taxable
year.

(B)
Every taxpayer shall make declaration of estimated taxes for the
current taxable year, in the form that the tax commissioner shall
prescribe, if the amount payable as estimated taxes, less the amount
to be withheld from the taxpayer's compensation, is more than five
hundred dollars. For purposes of this section, taxes withheld from
compensation shall be considered as paid in equal amounts on each
payment date unless the taxpayer establishes the dates on which all
amounts were actually withheld, in which case the amounts withheld
shall be considered as paid on the dates on which the amounts were
actually withheld. Taxpayers filing joint returns pursuant to section
5747.08 of the Revised Code shall file joint declarations of
estimated taxes. A taxpayer may amend a declaration under rules
prescribed by the commissioner. A taxpayer having a taxable year of
less than twelve months shall make a declaration under rules
prescribed by the commissioner. The declaration of estimated taxes
for an individual under a disability shall be made and filed by the
person who is required to file the income tax return.

The
declaration of estimated taxes shall be filed on or before the
fifteenth day of April of each year or on or before the fifteenth day
of the fourth month after the taxpayer becomes subject to tax for the
first time.

Taxpayers
reporting on a fiscal year basis shall file a declaration on or
before the fifteenth day of the fourth month after the beginning of
each fiscal year or period.

The
declaration shall be filed upon a form prescribed by the commissioner
and furnished by or obtainable from the commissioner.

The
original declaration or any subsequent amendment may be increased or
decreased on or before any subsequent quarterly payment day as
provided in this section.

(C)
The required portion of the tax liability for the taxable year that
shall be paid through estimated taxes made payable to the treasurer
of state, including the application of tax refunds to estimated
taxes, and withholding on or before the applicable payment date shall
be as follows:

(1)
On or before the fifteenth day of the fourth month after the
beginning of the taxable year, twenty-two and one-half per cent of
the tax liability for the taxable year;

(2)
On or before the fifteenth day of the sixth month after the beginning
of the taxable year, forty-five per cent of the tax liability for the
taxable year;

(3)
On or before the fifteenth day of the ninth month after the beginning
of the taxable year, sixty-seven and one-half per cent of the tax
liability for the taxable year;

(4)
On or before the fifteenth day of the first month of the following
taxable year, ninety per cent of the tax liability for the taxable
year.

When
an amended return has been filed, the unpaid balance shown due on the
amended return shall be paid in equal installments on or before the
remaining payment dates.

On
or before the fifteenth day of the fourth month of the year following
that for which the declaration or amended declaration was filed, an
annual return shall be filed and any balance which may be due shall
be paid with the return in accordance with section 5747.08 of the
Revised Code.

(D)
In the case of any underpayment of estimated taxes, an interest
penalty
shall

may

be
added to the taxes for the tax year at the rate per annum prescribed
by section 5703.47 of the Revised Code upon the amount of
underpayment for the period of underpayment, unless the underpayment
is due to reasonable cause as described in division (E) of this
section. The amount of the underpayment shall be determined as
follows:

(1)
For the first payment of estimated taxes each year, the required
installment less the amount of taxes paid by the date prescribed for
that payment;

(2)
For the second payment of estimated taxes each year, the required
installment less the amount of taxes paid by the date prescribed for
that payment;

(3)
For the third payment of estimated taxes each year, the required
installment less the amount of taxes paid by the date prescribed for
that payment;

(4)
For the fourth payment of estimated taxes each year, the required
installment less the amount of taxes paid by the date prescribed for
that payment.

The
period of the underpayment shall run from the day the estimated
payment was required to be made to the date on which the payment is
made. For purposes of this section, a payment of estimated taxes on
or before any payment date shall be considered a payment of any
previous underpayment only to the extent the payment of estimated
taxes exceeds the amount of the payment presently required to be paid
to avoid any penalty.

The

tax
commissioner may abate, in whole or in part, the
interest
penalty imposed under division (D) of this section
.
Any such penalty imposed

shall be in lieu of any other interest charge or penalty imposed for
failure to file an estimated return and make estimated payments as
required by this section.

(E)
An underpayment of estimated taxes determined under division (D) of
this section shall be due to reasonable cause and the interest
penalty imposed by this section shall not be added to the taxes for
the tax year if either of the following apply:

(1)
The amount of tax that was paid equals at least ninety per cent of
the tax liability for the current taxable year, determined by
annualizing the income received during the year up to the end of the
month immediately preceding the month in which the payment is due;

(2)
The amount of tax that was paid equals at least one hundred per cent
of the tax liability shown on the return of the taxpayer for the
preceding taxable year, provided that the immediately preceding
taxable year reflected a period of twelve months and the taxpayer
filed a return under section 5747.08 of the Revised Code for that
year.

The
tax commissioner may waive the requirement for filing a declaration
of estimated taxes for any class of taxpayers after finding that the
waiver is reasonable and proper in view of administrative costs and
other factors.

Sec.
5747.10.
(A)
As used in this section:

(1)
"Audited partnership" means a partnership subject to an
examination by the internal revenue service pursuant to subchapter C,
chapter 63, subtitle F of the Internal Revenue Code resulting in a
federal adjustment.

(2)(a)
"Direct investor" means a partner or other investor that
holds a direct interest in a pass-through entity.

(b)
"Indirect investor" means a partner or other investor that
holds an interest in a pass-through entity that itself holds an
interest, directly or through another indirect partner or other
investor, in a pass-through entity.

(3)
"Exempt partner" means a partner that is neither a
pass-through entity nor a person subject to the tax imposed by
section 5747.02 of the Revised Code.

(4)
"Federal adjustment" means a change to an item or amount
required to be determined under the Internal Revenue Code that
directly or indirectly affects a taxpayer's aggregate tax liability
under section 5747.02 or Chapter 5748. of the Revised Code and that
results from an action or examination by the internal revenue
service, or from the filing of an amended federal tax return, a claim
for a federal tax refund, or an administrative adjustment request
filed by a partnership under section 6227 of the Internal Revenue
Code.

(5)
"Federal adjustments return" means the form or other
document prescribed by the tax commissioner for use by a taxpayer in
reporting final federal adjustments.

(6)
"State partnership representative" means either of the
following:

(a)
The person who served as the partnership's representative for federal
income tax purposes, pursuant to section 6223(a) of the Internal
Revenue Code, during the corresponding federal partnership audit;

(b)
The person designated, on a form prescribed by the tax commissioner,
to serve as the partnership's representative during the state
partnership audit. The commissioner may establish reasonable
qualifications and procedures for a person to be designated as a
state partnership representative under this division.

(7)
A federal adjustment is "final" or "agreed to or
finally determined for federal income tax purposes" on any of
the following:

(a)
The day after which the period for appeal of a federal assessment has
expired;

(b)
The date on a refund check issued by the internal revenue service; or

(c)
For agreements required to be signed by the internal revenue service
and the taxpayer or audited partnership, the date on which the last
party signed the agreement.

(B)(1)
If any of the facts, figures, computations, or attachments required
in a taxpayer's annual return to determine the tax charged by this
chapter or Chapter 5748. of the Revised Code must be altered as the
result of a final federal adjustment, and the federal adjustment is
not required to be reported under division (C) of this section, the
taxpayer shall file an amended return with the tax commissioner in
such form as the commissioner requires. The amended return shall be
filed not later than ninety days after the federal adjustment has
been agreed to or finally determined for federal income tax purposes.

(2)
"One hundred eighty" shall be substituted for "ninety"
in divisions (B)(1) and (E)(1) of this section if, for any taxable
year, the final federal adjustment results from taxes paid by the
taxpayer on an amount described in division (A)(32) of section
5747.01 of the Revised Code.

(C)
Except for adjustments required to be reported for federal purposes
pursuant to section 6225(a)(2) of the Internal Revenue Code and
adjustments that are taken into account on a federal amended return
or similar report filed pursuant to section 6225(c)(2) of the
Internal Revenue Code, partnerships and partners shall report final
federal adjustments and make payments as required under division (C)
of this section.

(1)
With respect to an action required or permitted to be taken by a
partnership under this section, and any petition for reassessment or
appeal to the board of tax appeals or any court with respect to such
an action, the state partnership representative shall have the sole
authority to act on behalf of the audited partnership, and the
partnership's direct and indirect investors shall be bound by those
actions.

(2)
Unless an audited partnership makes the election under division
(C)(3) of this section:

(a)
The audited partnership, through its state partnership
representative, shall do all of the following within ninety days
after the federal adjustment is final:

(i)
File a federal adjustments return with the tax commissioner,
including a copy of the notifications provided under division
(C)(2)(a)(ii) of this section;

(ii)
Notify each of its direct investors, on a form prescribed by the
commissioner, of the investor's distributive share of the final
federal adjustments;

(iii)
File an amended tax return on behalf of its nonresident direct
investors and pay any additional tax that would have been due under
sections 5733.41 and 5747.41, or division (D) of section 5747.08, of
the Revised Code with respect to those direct investors had the final
federal adjustments been reported properly on the original filing.

(b)
Each direct investor that is subject to the tax imposed by section
5747.02 of the Revised Code shall file an original or amended tax
return to include the investor's distributive share of the
adjustments reported to the direct investor under division (C)(2)(a)
of this section, and pay any additional tax due, within ninety days
after the audited partnership files its federal adjustments return
with the commissioner.

(c)(i)
Each direct and indirect investor of an audited partnership that is a
pass-through entity and all investors in such a pass-through entity
that are subject to the filing and payment requirements of Chapters
5733. and 5747. of the Revised Code are subject to the reporting and
payment requirements of division (C)(2) or, upon a timely election,
division (C)(3) of this section.

(ii)
Such direct and indirect investors shall make the required returns
and payments within ninety days after the deadline for filing and
furnishing statements under section 6226(b)(4) of the Internal
Revenue Code and applicable treasury regulations.

(3)
If an audited partnership makes the election under this division, the
audited partnership, through its state partnership representative,
shall do all of the following within ninety days after all federal
adjustments are final:

(a)
File a federal adjustments return with the tax commissioner
indicating the partnership has made the election under division
(C)(3) of this section;

(b)
Pay the amount of combined additional tax due under division (D)(2)
of this section, calculated by multiplying the highest rate of tax
set forth in section 5747.02 of the Revised Code by the sum of the
following:

(i)
The distributive shares of the final federal adjustments that are
allocable or apportionable to this state of each investor who is a
nonresident taxpayer or pass-through entity;

(ii)
The distributive share of the final federal adjustments for each
investor who is a resident taxpayer.

(c)
Notify each of its direct investors, on a form prescribed by the
commissioner, of the investor's distributive share of the final
federal adjustments and the amount paid on their behalf pursuant to
division (C)(3)(b) of this section.

(4)(a)
A direct investor of an audited partnership is not required to file
an amended return or pay tax otherwise due under section 5747.02 of
the Revised Code if the audited partnership properly reports and pays
the tax under division (C)(3) of this section.

(b)(i)
Nothing in division (C) of this section precludes a direct or
indirect investor in the audited partnership from filing a return to
report the investor's share of the final federal adjustments. Such an
investor who files a return and reports the income related to the
final federal adjustments is entitled to a refundable credit for
taxes paid by the audited partnership under division (C)(3)(b) of
this section. The credit shall be computed and claimed in the same
manner as the credit allowed under division (I) of section 5747.08 of
the Revised Code.

(ii)
Notwithstanding division (C)(4)(b)(i) of this section, an exempt
partner, whether a direct or indirect investor, may file an
application for refund of its proportionate share of the amounts
erroneously paid by the audited partnership pursuant to division
(C)(3)(b) of this section on the exempt partner's behalf.

(5)
Upon request by an audited partnership, the tax commissioner may
agree, in writing, to allow an alternative method of reporting and
payment than required by division (C)(2) or (3) of this section. The
request must be submitted to the commissioner in writing before the
applicable deadline for filing a return under division (C)(2)(a) or
(3) of this section. The commissioner's decision on whether to enter
into an agreement under this division is not subject to further
administrative review or appeal.

(6)
Nothing in division (C) of this section precludes either of the
following:

(a)
A resident taxpayer from filing a return to claim the credit under
division (B) of section 5747.05 or division
(D)(2)
(B)(2)

of section 5747.02 of the Revised Code based upon any amounts paid by
the audited partnership on such investor's behalf to another state.

(b)
The tax commissioner from issuing an assessment under this chapter
against any direct or indirect investor for taxes due from the
investor if an audited partnership, or direct and indirect investor
of an audited partnership that is a pass-through entity, fails to
timely file any return or remit any payment required by this section
or underreports income or underpays tax on behalf of an indirect
investor who is a resident taxpayer.

(D)
In the case of an underpayment, and unless otherwise agreed to in
writing by the tax commissioner:

(1)
The taxpayer's amended return shall be accompanied by payment of any
combined additional tax due together with interest thereon. An
amended return required by this section is a return subject to
assessment under section 5747.13 of the Revised Code for the purpose
of assessing any additional tax due under this section, together with
any applicable penalty and interest. It shall not reopen those facts,
figures, computations, or attachments from a previously filed return
no longer subject to assessment that are not affected, either
directly or indirectly, by the final federal adjustment to the
taxpayer's federal income tax return.

(2)
The audited partnership's federal adjustments return shall be
accompanied by payment of any combined additional tax due together
with interest thereon. The federal adjustments return required by
this section is a return subject to assessment under section 5747.13
of the Revised Code for the purpose of assessing any additional tax
due under this section, together with any applicable penalty and
interest. It shall not reopen those facts, figures, computations, or
attachments from a previously filed return no longer subject to
assessment that are not affected, either directly or indirectly, by
the final federal adjustment.

(3)
The tax commissioner may accept estimated payments of the tax arising
from pending federal adjustments before the date for filing a federal
adjustments return. The commissioner may adopt rules for the payment
of such estimated taxes.

(E)
In the case of an overpayment, and unless otherwise agreed to in
writing by the tax commissioner:

(1)
A taxpayer may file an application for refund under this division
within the ninety-day period prescribed for filing the amended return
even if it is filed beyond the period prescribed in section 5747.11
of the Revised Code if it otherwise conforms to the requirements of
such section. An application filed under this division shall claim
refund of overpayments resulting from alterations to only those
facts, figures, computations, or attachments required in the
taxpayer's annual return that are affected, either directly or
indirectly, by the final federal adjustment to the taxpayer's federal
income tax return unless it is also filed within the time prescribed
in section 5747.11 of the Revised Code. It shall not reopen those
facts, figures, computations, or attachments that are not affected,
either directly or indirectly, by the adjustment to the taxpayer's
federal income tax return.

(2)(a)
Except as otherwise provided in division (E)(2)(b) of this section,
an audited partnership may file an application for a refund under
this division within the ninety-day period prescribed for filing the
federal adjustments return, even if it is filed beyond the period
prescribed by section 5747.11 of the Revised Code, if it otherwise
conforms to the requirements of that section. An application filed
under this division may claim a refund of overpayments resulting only
from final federal adjustments unless it is also filed within the
time prescribed by section 5747.11 of the Revised Code. It shall not
reopen those facts, figures, computations, or attachments that are
not affected, either directly or indirectly, by the federal
adjustment.

(b)
An audited partnership may not file an application for refund under
division (E) of this section based on final federal adjustments
described in section 6225(a)(2) of the Internal Revenue Code.

(3)
Any refund granted to a pass-through entity filing an application for
refund under division (E) of this section shall be reduced by amounts
previously claimed as a credit under section 5747.059 or division (I)
of section 5747.08 of the Revised Code by the pass-through entity's
direct or indirect investors.

(F)
Excluding the deadline in division (C)(2)(c)(ii) of this section, an
audited partnership, or a direct or indirect investor of an audited
partnership that is a pass-through entity, may automatically extend
the deadline for reporting, payments, and refunds under this section
by sixty days if the entity has ten thousand or more direct investors
and notifies the commissioner of such extension, in writing, before
the unextended deadline.

Sec.
5747.124.
(A)
As used in this section, "judgment creditor" excludes all
state and federal agencies, instrumentalities, and political
subdivisions.

(B)
If a person entitled to a refund under this chapter is a judgment
debtor indebted to a judgment creditor, as defined in section 2716.01
of the Revised Code, the amount refundable shall be subject to an
order of garnishment of property, other than personal earnings,
issued under sections 2716.11 and 2716.13 of the Revised Code. Upon
receipt of such an order, the tax commissioner shall pay the amount
of the refund not already paid to the person entitled to the refund
to the clerk of court that issued the order, unless otherwise payable
in accordance with section 5747.12, 5747.121, 5747.122, or 5747.123
of the Revised Code, provided all of the following are true:

(1)
The judgment creditor has made reasonable efforts to collect the debt
before submitting the garnishment order to the tax commissioners;

(2)
The principal balance of the judgment, excluding interest and
post-judgment fees, is greater than two hundred fifty dollars;

(3)
The judgment underlying the garnishment order was issued not less
than one and not more than seven years before it is submitted to the
tax commissioner.

(C)
Any order of garnishment submitted under this section shall be
satisfied after overdue child support subject to section 5747.121 of
the Revised Code and debts described in division (A) of section
5747.12 of the Revised Code.

(D)
If the amount refundable is less than the amount stated on the order
of garnishment, it may be applied in partial satisfaction of that
amount. If the amount refundable is greater than the amount stated on
the order, the amount remaining after satisfaction of the order shall
be refunded.

(E)
The tax commissioner shall charge each respective judgment creditor a
fee of fifteen dollars for the commissioner's cost in applying
refunds to satisfy an order of garnishment.

(F)
If the tax commissioner receives multiple orders of garnishment of
property, other than personal earnings for amounts owed by the same
person, the commissioner shall satisfy the orders in the sequence
they were received.

(G)
The tax commissioner may adopt rules to implement this section,
including rules to apportion the amount of a tax return available to
satisfy an order of garnishment in the case of persons filing a joint
return who do not jointly owe the debt or certified claim.

Sec.
5747.13.
(A)
If any employer collects the tax imposed by section 5747.02 or under
Chapter 5748. of the Revised Code and fails to remit the tax as
required by law, or fails to collect the tax, the employer is
personally liable for any amount collected that the employer fails to
remit, or any amount that the employer fails to collect. If any
taxpayer fails to file a return or fails to pay the tax imposed by
section 5747.02 or under Chapter 5748. of the Revised Code, the
taxpayer is personally liable for the amount of the tax.

If
any employer, taxpayer, qualifying entity, or electing pass-through
entity required to file a return under this chapter fails to file the
return within the time prescribed, files an incorrect return, fails
to remit the full amount of the taxes due for the period covered by
the return, or fails to remit any additional tax due as a result of a
reduction in the amount of the credit allowed under division (B) of
section 5747.05 of the Revised Code together with interest on the
additional tax within the time prescribed by that division, the tax
commissioner may make an assessment against any person liable for any
deficiency for the period for which the return is or taxes are due,
based upon any information in the commissioner's possession.

An
assessment issued against either the employer or the taxpayer
pursuant to this section shall not be considered an election of
remedies or a bar to an assessment against the other for failure to
report or pay the same tax. No assessment shall be issued against any
person if the tax actually has been paid by another.

No
assessment shall be made or issued against an employer, a taxpayer, a
qualifying entity, or an electing pass-through entity more than four
years after the final date the return subject to assessment was
required to be filed or the date the return was filed, whichever is
later. However, the commissioner may assess any balance due as the
result of a reduction in the credit allowed under division (B) of
section 5747.05 of the Revised Code, including applicable penalty and
interest, within four years of the date on which the taxpayer reports
a change in either the portion of the taxpayer's adjusted gross
income subjected to an income tax or tax measured by income in
another state or the District of Columbia, or the amount of liability
for an income tax or tax measured by income to another state or the
District of Columbia, as required by division (B)(4) of section
5747.05 of the Revised Code. Such time limits may be extended if both
the employer, taxpayer, qualifying entity, or electing pass-through
entity and the commissioner consent in writing to the extension or if
an agreement waiving or extending the time limits has been entered
into pursuant to section 122.171 of the Revised Code. Any such
extension shall extend the four-year time limit in division (B) of
section 5747.11 of the Revised Code for the same period of time.
There shall be no bar or limit to an assessment against an employer
for taxes withheld from employees and not remitted to the state,
against an employer, a taxpayer, a qualifying entity, or an electing
pass-through entity that fails to file a return subject to assessment
as required by this chapter, or against an employer, a taxpayer, a
qualifying entity, or an electing pass-through entity that files a
fraudulent return.

The
commissioner shall give the party assessed written notice of the
assessment in the manner provided in section 5703.37 of the Revised
Code. With the notice, the commissioner shall provide instructions on
how to petition for reassessment and request a hearing on the
petition.

(B)
Unless the party assessed files with the tax commissioner within
sixty days after service of the notice of assessment
,
either personally or by certified mail,

a written petition for reassessment, signed by the party assessed or
that party's authorized agent having knowledge of the facts, the
assessment becomes final, and the amount of the assessment is due and
payable from the party assessed to the commissioner with remittance
made payable to the treasurer of state. The petition shall indicate
the objections of the party assessed, but additional objections may
be raised in writing if received by the commissioner prior to the
date shown on the final determination. If the petition has been
properly filed, the commissioner shall proceed under section 5703.60
of the Revised Code.

(C)
After an assessment becomes final, if any portion of the assessment
remains unpaid, including accrued interest, a certified copy of the
tax commissioner's entry making the assessment final may be filed in
the office of the clerk of the court of common pleas in the county in
which the employer's, taxpayer's, qualifying entity's, or electing
pass-through entity's place of business is located or the county in
which the party assessed resides. If the party assessed is not a
resident of this state, the certified copy of the entry may be filed
in the office of the clerk of the court of common pleas of Franklin
county.

Immediately
upon the filing of the entry, the clerk shall enter a judgment
against the party assessed in the amount shown on the entry. The
judgment shall be filed by the clerk in one of two loose-leaf books,
one entitled "special judgments for state and school district
income taxes," and the other entitled "special judgments
for qualifying entity and electing pass-through entity taxes."
The judgment shall have the same effect as other judgments. Execution
shall issue upon the judgment upon the request of the tax
commissioner, and all laws applicable to sales on execution shall
apply to sales made under the judgment.

If
the assessment is not paid in its entirety within sixty days after
the assessment was issued, the portion of the assessment consisting
of tax due shall bear interest at the rate per annum prescribed by
section 5703.47 of the Revised Code from the day the tax commissioner
issues the assessment until it is paid or until it is certified to
the attorney general for collection under section 131.02 of the
Revised Code, whichever comes first. If the unpaid portion of the
assessment is certified to the attorney general for collection, the
entire unpaid portion of the assessment shall bear interest at the
rate per annum prescribed by section 5703.47 of the Revised Code from
the date of certification until the date it is paid in its entirety.
Interest shall be paid in the same manner as the tax and may be
collected by the issuance of an assessment under this section.

(D)
All money collected under this section shall be considered as revenue
arising from the taxes imposed by this chapter or Chapter 5733. or
5748. of the Revised Code, as appropriate.

(E)
If the party assessed files a petition for reassessment under
division (B) of this section, the person, on or before the last day
the petition may be filed, shall pay the assessed amount, including
assessed interest and assessed penalties, if any of the following
conditions exists:

(1)
The person files a tax return reporting Ohio adjusted gross income,
less the exemptions allowed by section 5747.025 of the Revised Code,
in an amount less than one cent, and the reported amount is not based
on the computations required under division (A) of section 5747.01 or
section 5747.025 of the Revised Code.

(2)
The person files a tax return that the tax commissioner determines to
be incomplete, false, fraudulent, or frivolous.

(3)
The person fails to file a tax return, and the basis for this failure
is not either of the following:

(a)
An assertion that the person has no nexus with this state;

(b)
The computations required under division (A) of section 5747.01 of
the Revised Code or the application of credits allowed under this
chapter has the result that the person's tax liability is less than
one dollar and one cent.

(F)
Notwithstanding the fact that a petition for reassessment is pending,
the petitioner may pay all or a portion of the assessment that is the
subject of the petition. The acceptance of a payment by the treasurer
of state does not prejudice any claim for refund upon final
determination of the petition.

If
upon final determination of the petition an error in the assessment
is corrected by the tax commissioner, upon petition so filed or
pursuant to a decision of the board of tax appeals or any court to
which the determination or decision has been appealed, so that the
amount due from the party assessed under the corrected assessment is
less than the portion paid, there shall be issued to the petitioner
or to the petitioner's assigns or legal representative a refund in
the amount of the overpayment as provided by section 5747.11 of the
Revised Code, with interest on that amount as provided by such
section, subject to section 5747.12 of the Revised Code.

Sec.
5747.38.
(A)
As used in this section and section 5747.39 of the Revised Code and
in other sections of Chapter 5747. of the Revised Code in the context
of the tax imposed under this section:

(1)
"Electing pass-through entity" means a qualifying
pass-through entity that elects to be subject to the tax levied under
this section for a taxable year pursuant to division (C) of this
section.

(2)
"Owner" means a person that is a partner, member,
shareholder, or investor in an electing pass-through entity for any
portion of the taxable year.

(3)
"Income" means the sum of owners' distributive shares of
the income, gain, expense, or loss of an electing pass-through entity
for the taxable year, as reported for federal income tax purposes.

(4)
"Qualifying taxable income" means the sum of the following:

(a)
The portion of an electing pass-through entity's income that is
business income, subject to the applicable adjustments in divisions
(A)(2) to (7) of section 5733.40 of the Revised Code, multiplied by
the fraction described in division (B)(1) of that section;

(b)
The portion of the electing pass-through entity's income that is
nonbusiness income allocated to this state under section 5747.20 of
the Revised Code.

(B)
For the same purposes for which the tax is levied under section
5747.02 of the Revised Code, a tax is hereby levied on each electing
pass-through entity on the entity's qualifying taxable income for the
taxable year, at the following rates:

(1)
For an electing pass-through entity's taxable year that begins in
2022, five per cent;

(2)
For an electing pass-through entity's taxable year that begins in
2023 and in any year thereafter, the rate equal to the tax rate
imposed on taxable business income under division (A)(4)(a) of
section 5747.02 of the Revised Code applicable to that taxable year.

(C)
A pass-through entity that is not a disregarded entity, as defined in
section 5733.01 of the Revised Code, may elect to be subject to the
tax levied under this section by filing with the tax commissioner a
form prescribed by the commissioner making such election on or before
the deadline to file the return under section 5747.42 of the Revised
Code for the taxable year. Such election applies only to the taxable
year for which the election is made and is, once made, irrevocable
for that year.

(D)

The

Except
as otherwise provided in this division, the
tax
levied under this section shall be calculated without regard to any
deductions or credits otherwise permitted to be claimed by an owner
of the electing pass-through entity in computing the owner's
aggregate tax liability under section 5747.02 of the Revised Code.

In
calculating its tax due under this section, an electing pass-through
entity may claim the refundable credits authorized under section
5747.059 or 5747.39 of the Revised Code or division (I) of section
5747.08 of the Revised Code if that credit is available to one or
more of the entity's owners as if the entity were the owner or
owners.

(E)
The tax levied under this section is intended to comply with the
provisions of internal revenue service notice 2020-75 in which such
tax paid by an electing pass-through entity is deductible to the
entity for federal income tax purposes.

(F)
The tax commissioner shall adopt rules to administer the tax levied
under this section. Such rules shall include a description of how the
adjustments to income under divisions (A)(36) and (S)(15) of section
5747.01 of the Revised Code and the credit under section 5747.39 of
the Revised Code apply to direct or indirect owners of an electing
pass-through entity based on various ownership structures. Any rule
adopted under this section is not a regulatory restriction for the
purpose of section 121.95 of the Revised Code.

Sec.
5747.39.
There
is hereby allowed a refundable credit against a taxpayer's aggregate
tax liability under section 5747.02 of the Revised Code for a
taxpayer who is an owner of an electing pass-through entity. The
credit shall equal the owner's proportionate share of the
lesser
of the
tax

levied

due
or paid
under
section 5747.38 of the Revised Code
remitted
by the owner's
for
the taxable year of the
electing
pass-through entity
for

that
ends in the
the
taxable year

of
the taxpayer
.

The
credit shall be claimed for the taxpayer's taxable year that includes
the last day of the electing pass-through entity's taxable year for
which the tax levied under that section was paid and in the order
required under section 5747.98 of the Revised Code. If the credit
exceeds the aggregate amount of tax otherwise due, the excess shall
be refunded to the taxpayer.

The
tax commissioner may request that a taxpayer claiming a credit under
this section furnish information as is necessary to support the claim
for the credit under this section, and no credit shall be allowed
unless the requested information is provided.

Sec.
5747.40.
Any
term used in sections 5747.40 to 5747.43 of the Revised Code has the
same meaning as defined in section 5733.40 of the Revised Code.

The
purpose of sections 5747.40 to 5747.43 of the Revised Code is to
complement and to reinforce the tax levied under section 5747.02 of
the Revised Code. Those sections do not apply to a pass-through
entity if all of the investors of the pass-through entity are
resident taxpayers for the purposes of this chapter for the entire
qualifying taxable year of the pass-through entity, or to a trust if
all of the beneficiaries of the trust are resident taxpayers for the
purposes of this chapter for the entire qualifying taxable year of
the trust
,
except that sections 5747.42 and 5747.43 of the Revised Code apply to
all pass-through entities that elect to be subject to the tax levied
under section 5747.38 of the Revised Code
.

Sec.
5747.43.
(A)
As used in this section:

(1)
"Estimated taxes" means the amount that a qualifying entity
or electing pass-through entity estimates to be the sum of its
liability under sections 5733.41 and 5747.41 or section 5747.38 of
the Revised Code for its current qualifying taxable year or taxable
year, as applicable.

(2)
"Tax liability" means the total of the taxes and
withholding taxes due under sections 5733.41 and 5747.41 of the
Revised Code or the tax due under section 5747.38 of the Revised Code
for the applicable taxable year prior to applying any estimated tax
payment or refund from another year.

(3)
"Taxes paid" includes payments of estimated taxes made
under division (C) of this section and tax refunds applied by the
qualifying entity or electing pass-through entity in payment of
estimated taxes.

(4)
"Required installment" means a payment equal to twenty-five
per cent of the lesser of the following:

(a)
Ninety per cent of the tax liability for the qualifying taxable year;

(b)
One hundred per cent of the tax liability shown on the return of a
qualifying entity or an electing pass-through entity for the
preceding taxable year.

Division
(A)(4)(b) of this section applies only if the entity filed a return
under section 5747.42 of the Revised Code for the preceding taxable
year and if the preceding taxable year was a twelve-month taxable
year.

(B)
In addition to the return required to be filed pursuant to section
5747.42 of the Revised Code, each qualifying entity or electing
pass-through entity that is subject to the tax imposed under section
5733.41 and to the withholding tax imposed by section 5747.41 of the
Revised Code or that is subject to the tax imposed under section
5747.38 of the Revised Code shall file an estimated tax return and
pay a portion of the entity's tax liability for its taxable year. The
portion of those taxes required to be paid, and the last day
prescribed for payment thereof, shall be as prescribed by divisions
(B)(1), (2), (3), and (4) of this section:

(1)
On or before the fifteenth day of the
fourth

month

following

after

the

last
day of the first quarter of
beginning
of
the
entity's taxable year, twenty-two and one-half per cent of the
entity's estimated tax liability for that taxable year;

(2)
On or before the fifteenth day of the
sixth

month

following

after

the

last
day of the second quarter of
beginning
of
the
entity's taxable year, forty-five per cent of the entity's estimated
tax liability for that taxable year;

(3)
On or before the fifteenth day of the
ninth

month

following

after

the

last
day of the third quarter of
beginning
of
the
entity's taxable year, sixty-seven and one-half per cent of the
entity's estimated tax liability for that taxable year;

(4)
On or before the fifteenth day of the
first

month

following

of

the

last
day of the fourth quarter of
the
entity's
following

taxable
year, ninety per cent of the entity's estimated tax liability for
that taxable year.

Payments
of estimated taxes shall be made payable to the treasurer of state.

(C)
If a payment of estimated taxes is not paid in the full amount
required under division (B) of this section, a penalty
shall

may

be
added to the taxes charged for the qualifying taxable year or taxable
year, as applicable, unless the underpayment is due to reasonable
cause as described in division (D) of this section. The penalty shall
accrue at the rate per annum prescribed by section 5703.47 of the
Revised Code upon the amount of underpayment from the day the
estimated payment was required to be made to the day the payment is
made.

The
amount of the underpayment upon which the penalty shall accrue shall
be determined as follows:

(1)
For the first payment of estimated taxes each year, the required
installment less the amount of taxes paid by the date prescribed for
that payment;

(2)
For the second payment of estimated taxes each year, the required
installment less the amount of taxes paid by the date prescribed for
that payment;

(3)
For the third payment of estimated taxes each year, the required
installment less the amount of taxes paid by the date prescribed for
that payment;

(4)
For the fourth payment of estimated taxes each year, the required
installment less the amount of taxes paid by the date prescribed for
that payment.

For
the purposes of this section, a payment of estimated taxes on or
before any payment date shall be considered a payment of a previous
underpayment only to the extent the payment of estimated taxes
exceeds the amount of the payment presently required to be paid to
avoid any penalty.

The

tax
commissioner may abate, in whole or in part, the
penalty
imposed under division (C) of this section
.
Any such penalty

is in lieu of any other interest charge or penalty imposed for
failure to file a declaration of estimated tax report and make
estimated payments as required by this section.

(D)
An underpayment of estimated taxes determined under division (C) of
this section is due to reasonable cause if any of the following
apply:

(1)
The amount of tax that was paid equals at least ninety per cent of
the tax liability for the current taxable year, determined by
annualizing the income received during that year up to the end of the
month immediately preceding the month in which the payment is due;

(2)
The amount of tax liability that was paid equals at least ninety per
cent of the tax liability for the current taxable year;

(3)
The amount of tax liability that was paid equals at least one hundred
per cent of the tax liability shown on the return of the entity for
the preceding taxable year, provided that the immediately preceding
taxable year reflected a period of twelve months and the entity filed
a return under section 5747.42 of the Revised Code for that year.

(E)(1)
Divisions (B) and (C) of this section do not apply for a taxable year
if either of the following applies to the entity:

(a)
For the immediately preceding taxable year, the entity computes in
good faith and in a reasonable manner that the sum of its adjusted
qualifying amounts or its qualifying taxable income, as applicable,
is ten thousand dollars or less.

(b)
For the taxable year the entity computes in good faith and in a
reasonable manner that the sum of its adjusted qualifying amounts or
its qualifying taxable income, as applicable, is ten thousand dollars
or less.

(2)
Notwithstanding any other provision of Title LVII of the Revised Code
to the contrary, the entity shall establish by a preponderance of the
evidence that its computation of the adjusted qualifying amounts or
qualifying taxable income, as applicable, for the immediately
preceding taxable year and the taxable year was, in fact, made in
good faith and in a reasonable manner.

(F)
The tax commissioner may waive the requirement for filing a
declaration of estimated taxes for any class of qualifying entities
if the commissioner finds the waiver is reasonable and proper in view
of administrative costs and other factors.

(G)
Estimated taxes paid by a qualifying entity or an electing
pass-through entity may be applied to satisfy the entity's tax
liability under section 5733.41, 5747.38, or 5747.41 of the Revised
Code. Nothing in this section authorizes such an entity to apply
estimated taxes paid against more than one tax.

Sec.
5747.502.
(A)
As used in this section:

(1)
"Traffic law photo-monitoring device" has the same meaning
as in section 4511.092 of the Revised Code.

(2)
"School zone" has the same meaning as in section 4511.21 of
the Revised Code.

(3)
"Transportation district" means a territorial district
established by the director of transportation under section 5501.14
of the Revised Code.

(4)
"District deputy director" means the person appointed and
assigned by the director of transportation under section 5501.14 of
the Revised Code to administer the activities of a transportation
district.

(5)
"Gross amount" means the entire amount of traffic camera
fines and fees paid by a driver.

(6)
"Local government fund adjustment" or "LGF adjustment"
means the sum of:

(a)
The gross amount of all traffic camera fines collected by a local
authority during the preceding fiscal year, as reported under
division (B)(1) of this section, if such a report is required; plus

(b)
The residual adjustment computed for the local authority under
division (B)(4) of this section, if such an adjustment applies.

(7)
"Local government fund payments" or "LGF payments"
means the payments a local authority would receive under sections
5747.503, 5747.51, and 5747.53, and division (C) of section 5747.50
of the Revised Code, as applicable, if not for the reductions
required by divisions (C) and (D) of this section.

(8)
"Residual adjustment" means the most recent LGF adjustment
computed for a local authority under division (B)(2) or (3) of this
section minus the sum of the reductions applied after that
computation under division (C) of this section to the local
authority's LGF payments.

(9)
"Traffic camera fines" means civil fines for any violation
of any local ordinance or resolution that are based upon evidence
recorded by a traffic law photo-monitoring device.

(10)
"Qualifying village" has the same meaning as in section
5747.503 of the Revised Code.

(11)
"Local authority" means a municipal corporation, county, or
township.

(B)(1)
Annually, on or before the thirty-first day of July, any local
authority that directly or indirectly collected traffic camera fines
during the preceding fiscal year shall file a report with the tax
commissioner that includes a detailed statement of the gross amount
of all traffic camera fines the local authority collected during that
period and the gross amount of such fines that the local authority
collected for violations that occurred within a school zone.

(2)
Annually, on or before the tenth day of August,
and
except as otherwise provided in this division,
the
commissioner shall compute a local government fund adjustment for
each local authority that files a report under division (B)(1) of
this section or with respect to which a residual adjustment applies.
Subject to division (B)(3) of this section, the LGF adjustment shall
be used by the commissioner to determine the amount of the reductions
required under division (C) of this section for each of the next
twelve months, starting with the month in which the LGF adjustment is
computed. After those twelve months, the LGF adjustment ceases to
apply and, if an LGF adjustment continues to be required, the amount
of the reductions required under division (C) of this section shall
be determined based on an updated LGF adjustment computed under this
division.

After
the effective date of this amendment, no LGF adjustment shall be
calculated for a county or township prohibited from operating a
traffic law photo-monitoring device by section 4511.093 of the
Revised Code. An LGF adjustment that applies to a county or township
on the effective date of this amendment ceases to apply as of that
date.

(3)
Upon receipt of a report described by division (B)(1) of this section
that is not timely filed, the commissioner shall do both of the
following:

(a)
If one or more payments to the local authority has been withheld
under division (D) of this section because of the local authority's
failure to file the report, notify the county auditor and county
treasurer of the appropriate county that the report has been received
and that, subject to division (C) of this section, payments to the
local authority from the undivided local government fund are to
resume.

(b)
Compute the local authority's LGF adjustment using the information in
the report. An LGF adjustment computed under this division shall be
used by the commissioner to determine the amount of the reductions
required under division (C) of this section starting with the next
required reduction. The LGF adjustment ceases to apply on the
thirty-first day of the ensuing July, following which, if an LGF
adjustment continues to be required, the amount of the reductions
required under division (C) of this section shall be determined based
on an updated LGF adjustment computed under division (B)(2) of this
section.

(4)
Annually, on or before the tenth day of August, the commissioner
shall compute a residual adjustment for each local authority whose
LGF adjustment for the preceding year exceeds the amount by which the
local authority's LGF payments were reduced during that year under
division (C) of this section. The residual adjustment shall be used
to compute the LGF adjustment for the ensuing year under division
(B)(2) of this section.

(C)
The commissioner shall do the following, as applicable, respecting
any local authority to which an LGF adjustment computed under
division (B) of this section applies:

(1)
If the local authority is a municipal corporation with a population
of one thousand or more, reduce payments to the municipal corporation
under division (C) of section 5747.50 of the Revised Code by
one-twelfth of the LGF adjustment. If one-twelfth of the LGF
adjustment exceeds the amount of money the municipal corporation
would otherwise receive under division (C) of section 5747.50 of the
Revised Code, the commissioner also shall reduce payments to the
appropriate county undivided local government fund under division (B)
of section 5747.50 of the Revised Code by an amount equal to the
lesser of (a) one-twelfth of the excess, or (b) the amount of the
payment the municipal corporation would otherwise receive from the
fund under section 5747.51 or 5747.53 of the Revised Code.

(2)
If the local authority is a township or qualifying village, reduce
the supplemental payments to the appropriate county undivided local
government fund under section 5747.503 of the Revised Code by the
lesser of one-twelfth of the LGF adjustment, or the amount of money
the township or qualifying village would otherwise receive under that
section. If one-twelfth of the LGF adjustment exceeds the amount of
money the township or qualifying village would otherwise receive
under section 5747.503 of the Revised Code, the commissioner also
shall reduce payments to the appropriate county undivided local
government fund under division (B) of section 5747.50 of the Revised
Code by an amount equal to the lesser of (a) one-twelfth of the
excess, or (b) the amount of the payment the township or qualifying
village would otherwise receive from the fund under section 5747.51
or 5747.53 of the Revised Code.

(3)
If the local authority is a county, reduce payments to the
appropriate county undivided local government fund under division (B)
of section 5747.50 of the Revised Code by an amount equal to the
lesser of (a) one-twelfth of the LGF adjustment, or (b) the amount of
the payment the county would otherwise receive from the fund under
section 5747.51 or 5747.53 of the Revised Code.

(4)
For any local authority, on or before the tenth day of each month a
reduction is made under division (C)(1), (2), or (3) of this section,
make a payment to the local authority in an amount equal to the
lesser of (a) one-twelfth of the gross amount of traffic camera fines
the local authority collected in the preceding fiscal year for
violations that occurred within a school zone, as indicated on the
report filed by the local authority pursuant to division (B)(1) of
this section, or (b) the amount by which the local authority's LGF
payments were reduced that month pursuant to division (C)(1), (2), or
(3) of this section. Payments received by a local authority under
this division shall be used by the local authority for school safety
purposes.

(D)
Upon discovery, based on information in the commissioner's
possession, that a local authority required to file a report under
division (B)(1) of this section has failed to do so, the commissioner
shall do the following, as applicable:

(1)
If the local authority is a municipal corporation with a population
of one thousand or more, cease providing for payments to the
municipal corporation under section 5747.50 of the Revised Code
beginning with the next required payment and until such time as the
report is received by the commissioner;

(2)
If the local authority is a township or qualifying village, reduce
the supplemental payments to the appropriate county undivided local
government fund under section 5747.503 of the Revised Code by an
amount equal to the amount of such payments the local authority would
otherwise receive under that section, beginning with the next
required payment and until such time as the report is received by the
commissioner;

(3)
For any local authority, reduce payments to the appropriate county
undivided local government fund under division (B) of section 5747.50
of the Revised Code by an amount equal to the amount of such payments
the local authority would otherwise receive under section 5747.51 or
5747.53 of the Revised Code, beginning with the next required payment
and until such time as the report is received by the commissioner;

(4)
For any local authority, notify the county auditor and county
treasurer that such payments are to cease until the commissioner
notifies the auditor and treasurer under division (E) of this section
that the payments are to resume.

(E)
The commissioner shall notify the county auditor and county treasurer
on or before the day the commissioner first reduces a county
undivided local government fund payment to that county under division
(C) of this section. The notice shall include the full amount of the
reduction, a list of the local authorities to which the reduction
applies, and the amount of reduction attributed to each such local
authority. The commissioner shall send an updated notice to the
county auditor and county treasurer any time the amount the reduction
attributed to any local authority changes.

A
county treasurer that receives a notice from the commissioner under
this division or division (B)(3)(a) or (D)(4) of this section shall
reduce, cease, or resume payments from the undivided local government
fund to the local authority that is the subject of the notice as
specified by the commissioner in the notice. Unless otherwise
specified in the notice, the payments shall be reduced, ceased, or
resumed beginning with the next required payment.

(F)
(F)(1)

There is hereby created in the state treasury the Ohio highway and
transportation safety fund. On or before the tenth day of each month,
the commissioner shall deposit in the fund an amount equal to the
total amount by which payments to local authorities were reduced or
ceased under division (C) or (D) of this section minus the total
amount of payments made under division (C)(4) of this section.
The

Except
as provided in division (F)(2) of this section, the
amount
deposited with respect to a local authority shall be credited to an
account to be created in the fund for the transportation district in
which that local authority is located. If the local authority is
located within more than one transportation district, the amount
credited to the account of each such transportation district shall be
prorated on the basis of the number of centerline miles of public
roads and highways in both the local authority and the respective
districts. Amounts credited to a transportation district's account
shall be used by the department of transportation and the district
deputy director exclusively to enhance public safety on public roads
and highways within that transportation district.

(2)
Notwithstanding division (F)(1) of this section, in fiscal year 2026,
six million dollars of the amount in the Ohio highway and
transportation safety fund, including any account thereof, shall be
used for rail development infrastructure projects pursuant to an
appropriation made by the general assembly. The amounts credited to
each account of a transportation district pursuant to division (F)(1)
of this section shall be reduced in the same proportion that the
amount deposited in each account is of the total fund balance.

Sec.
5747.51.
(A)
On or before the twenty-fifth day of July of each year, the tax
commissioner shall make and certify to the county auditor of each
county an estimate of the amount of the local government fund to be
allocated to the undivided local government fund of each county for
the ensuing calendar year, adjusting the total as required to account
for subdivisions receiving local government funds under section
5747.502 of the Revised Code.

(B)
At each annual regular session of the county budget commission
convened pursuant to section 5705.27 of the Revised Code, each
auditor shall present to the commission the certificate of the
commissioner, the annual tax budget and estimates, and the records
showing the action of the commission in its last preceding regular
session. The commission, after extending to the representatives of
each subdivision an opportunity to be heard, under oath administered
by any member of the commission, and considering all the facts and
information presented to it by the auditor, shall determine the
amount of the undivided local government fund needed by and to be
apportioned to each subdivision for current operating expenses, as
shown in the tax budget of the subdivision. This determination shall
be made pursuant to divisions (C) to (I) of this section, unless the
commission has provided for a formula pursuant to section 5747.53 of
the Revised Code. The commissioner shall reduce the amount of funds
from the undivided local government fund to a subdivision required to
receive reduced funds under section 5747.502 of the Revised Code.

Nothing
in this section prevents the budget commission, for the purpose of
apportioning the undivided local government fund, from inquiring into
the claimed needs of any subdivision as stated in its tax budget, or
from adjusting claimed needs to reflect actual needs. For the
purposes of this section, "current operating expenses"
means the lawful expenditures of a subdivision, except those for
permanent improvements and except payments for interest, sinking
fund, and retirement of bonds, notes, and certificates of
indebtedness of the subdivision.

(C)
The commission shall determine the combined total of the estimated
expenditures, including transfers, from the general fund and any
special funds other than special funds established for road and
bridge; street construction, maintenance, and repair; state highway
improvement; and gas, water, sewer, and electric public utilities
operated by a subdivision, as shown in the subdivision's tax budget
for the ensuing calendar year.

(D)
From the combined total of expenditures calculated pursuant to
division (C) of this section, the commission shall deduct the
following expenditures, if included in these funds in the tax budget:

(1)
Expenditures for permanent improvements as defined in division (E) of
section 5705.01 of the Revised Code;

(2)
In the case of counties and townships, transfers to the road and
bridge fund, and in the case of municipalities, transfers to the
street construction, maintenance, and repair fund and the state
highway improvement fund;

(3)
Expenditures for the payment of debt charges;

(4)
Expenditures for the payment of judgments.

(E)
In addition to the deductions made pursuant to division (D) of this
section, revenues accruing to the general fund and any special fund
considered under division (C) of this section from the following
sources shall be deducted from the combined total of expenditures
calculated pursuant to division (C) of this section:

(1)
Taxes levied within the ten-mill limitation, as defined in section
5705.02 of the Revised Code;

(2)
The budget commission allocation of estimated county public library
fund revenues to be distributed pursuant to section 5747.48 of the
Revised Code;

(3)
Estimated unencumbered balances as shown on the tax budget as of the
thirty-first day of December of the current year in the general fund,
but not any estimated balance in any special fund considered in
division (C) of this section;

(4)
Revenue, including transfers, shown in the general fund and any
special funds other than special funds established for road and
bridge; street construction, maintenance, and repair; state highway
improvement; and gas, water, sewer, and electric public utilities,
from all other sources except those that a subdivision receives from
an additional tax or service charge voted by its electorate or
receives from special assessment or revenue bond collection. For the
purposes of this division, where the charter of a municipal
corporation prohibits the levy of an income tax, an income tax levied
by the legislative authority of such municipal corporation pursuant
to an amendment of the charter of that municipal corporation to
authorize such a levy represents an additional tax voted by the
electorate of that municipal corporation. For the purposes of this
division, any measure adopted by a board of county commissioners
pursuant to section 322.02, 4504.02, or 5739.021 of the Revised Code,
including those measures upheld by the electorate in a referendum
conducted pursuant to section 322.021, 4504.021, or 5739.022 of the
Revised Code, shall not be considered an additional tax voted by the
electorate.

Subject
to division (F) of section 5705.29 of the Revised Code, money
Money

in
a reserve balance account established by a county, township, or
municipal corporation under section 5705.13 of the Revised Code shall
not be considered an unencumbered balance or revenue under division
(E)(3) or (4) of this section. Money in a reserve balance account
established by a township under section 5705.132 of the Revised Code
shall not be considered an unencumbered balance or revenue under
division (E)(3) or (4) of this section.

If
a county, township, or municipal corporation has created and
maintains a nonexpendable trust fund under section 5705.131 of the
Revised Code, the principal of the fund, and any additions to the
principal arising from sources other than the reinvestment of
investment earnings arising from such a fund, shall not be considered
an unencumbered balance or revenue under division (E)(3) or (4) of
this section. Only investment earnings arising from investment of the
principal or investment of such additions to principal may be
considered an unencumbered balance or revenue under those divisions.

(F)
The total expenditures calculated pursuant to division (C) of this
section, less the deductions authorized in divisions (D) and (E) of
this section, shall be known as the "relative need" of the
subdivision, for the purposes of this section.

(G)
The budget commission shall total the relative need of all
participating subdivisions in the county, and shall compute a
relative need factor by dividing the total estimate of the undivided
local government fund by the total relative need of all participating
subdivisions.

(H)
The relative need of each subdivision shall be multiplied by the
relative need factor to determine the proportionate share of the
subdivision in the undivided local government fund of the county;
provided, that the maximum proportionate share of a county shall not
exceed the following maximum percentages of the total estimate of the
undivided local government fund governed by the relationship of the
percentage of the population of the county that resides within
municipal corporations within the county to the total population of
the county as reported in the reports on population in Ohio by the
department of development as of the twentieth day of July of the year
in which the tax budget is filed with the budget commission:

1

2

A

Percentage
of municipal population within the county:

Percentage
share of the county shall not exceed:

B

Less
than forty-one per cent

Sixty
per cent

C

Forty-one
per cent or more but less than eighty-one per cent

Fifty
per cent

D

Eighty-one
per cent or more

Thirty
per cent

Where
the proportionate share of the county exceeds the limitations
established in this division, the budget commission shall adjust the
proportionate shares determined pursuant to this division so that the
proportionate share of the county does not exceed these limitations,
and it shall increase the proportionate shares of all other
subdivisions on a pro rata basis. In counties having a population of
less than one hundred thousand, not less than ten per cent shall be
distributed to the townships therein.

(I)
The proportionate share of each subdivision in the undivided local
government fund determined pursuant to division (H) of this section
for any calendar year shall not be less than the product of the
average of the percentages of the undivided local government fund of
the county as apportioned to that subdivision for the calendar years
1968, 1969, and 1970, multiplied by the total amount of the undivided
local government fund of the county apportioned pursuant to former
section 5739.23 of the Revised Code for the calendar year 1970. For
the purposes of this division, the total apportioned amount for the
calendar year 1970 shall be the amount actually allocated to the
county in 1970 from the state collected intangible tax as levied by
section 5707.03 of the Revised Code and distributed pursuant to
section 5725.24 of the Revised Code, plus the amount received by the
county in the calendar year 1970 pursuant to division (B)(1) of
former section 5739.21 of the Revised Code, and distributed pursuant
to former section 5739.22 of the Revised Code. If the total amount of
the undivided local government fund for any calendar year is less
than the amount of the undivided local government fund apportioned
pursuant to former section 5739.23 of the Revised Code for the
calendar year 1970, the minimum amount guaranteed to each subdivision
for that calendar year pursuant to this division shall be reduced on
a basis proportionate to the amount by which the amount of the
undivided local government fund for that calendar year is less than
the amount of the undivided local government fund apportioned for the
calendar year 1970.

(J)
On the basis of such apportionment, the county auditor shall compute
the percentage share of each such subdivision in the undivided local
government fund and shall at the same time certify to the tax
commissioner the percentage share of the county as a subdivision. No
payment shall be made from the undivided local government fund,
except in accordance with such percentage shares.

Within
ten days after the budget commission has made its apportionment,
whether conducted pursuant to section 5747.51 or 5747.53 of the
Revised Code, the auditor shall publish a list of the subdivisions
and the amount each is to receive from the undivided local government
fund and the percentage share of each subdivision, in a newspaper or
newspapers of countywide circulation, and send a copy of such
allocation to the tax commissioner.

The
county auditor shall also send a copy of such allocation by ordinary
or electronic mail to the fiscal officer of each subdivision entitled
to participate in the allocation of the undivided local government
fund of the county. This copy shall constitute the official notice of
the commission action referred to in section 5705.37 of the Revised
Code.

All
money received into the treasury of a subdivision from the undivided
local government fund in a county treasury shall be paid into the
general fund and used for the current operating expenses of the
subdivision.

If
a municipal corporation maintains a municipal university, such
municipal university, when the board of trustees so requests the
legislative authority of the municipal corporation, shall participate
in the money apportioned to such municipal corporation from the total
local government fund, however created and constituted, in such
amount as requested by the board of trustees, provided such sum does
not exceed nine per cent of the total amount paid to the municipal
corporation.

If
any public official fails to maintain the records required by
sections 5747.50 to 5747.55 of the Revised Code or by the rules
issued by the tax commissioner, the auditor of state, or the
treasurer of state pursuant to such sections, or fails to comply with
any law relating to the enforcement of such sections, the local
government fund money allocated to the county may be withheld until
such time as the public official has complied with such sections or
such law or the rules issued pursuant thereto.

Sec.
5747.72.
(A)
As used in this section:

(1)
"Qualifying taxpayer" means a taxpayer that is an
individual with a dependent who is a qualifying student.

(2)
"Qualifying student" means a student who is exempt from the
compulsory attendance law for the purpose of home education under
section 3321.042 of the Revised Code for the school year.

(3)
"Education expenses" means expenses or fees for any of the
following items used directly for home education of a qualifying
student: books, supplementary materials, supplies, computer software,
applications, or subscriptions. "Education expenses" does
not include expenses or fees for computers or similar electronic
devices or accessories thereto.
"Education
expenses" does not include any expenses paid from a scholarship
account authorized by section 3310.24 of the Revised Code.

(B)
There is hereby allowed a nonrefundable credit against a qualifying
taxpayer's aggregate tax liability under section 5747.02 of the
Revised Code equal to the lesser of two hundred fifty dollars

multiplied
by the number of the taxpayer's qualifying students
or
the amount of education expenses incurred by the taxpayer in the
taxable year for the benefit of one or more of the taxpayer's
qualifying students. The credit shall be claimed in the order
required under section 5747.98 of the Revised Code.

The
tax commissioner may request that a qualifying taxpayer claiming a
credit under this section furnish information as is necessary to
support the claim for the credit under this section, and no credit
shall be allowed unless the requested information is provided.

Sec.
5747.85.
(A)
As used in this section:

(1)
"Homeownership savings account" and "program period"
have the same meanings as in section 135.70 of the Revised Code.

(2)
"Account owner" means "eligible participant" as
defined by section 135.70 of the Revised Code.

(3)
"Contributor" means the account owner or a parent, spouse,
sibling, stepparent, or grandparent of the account owner who deposits
funds into the homeownership savings account.

(4)
"Lifetime contribution limit" means twenty-five thousand
dollars of contributions per contributor per homeownership savings
account. If an account owner opens one or more additional
homeownership savings accounts, a contributor's lifetime contribution
limit for the additional accounts shall be reduced by any
contributions previously made by the contributor to an account owned
by that account owner.

(5)
"Eligible expenses" means unreimbursed expenses paid by the
account owner for home purchase costs for the account owner's primary
residence and account fees imposed on the account owner.

(6)
"Primary residence" means a homestead located in this state
that is or will be the account owner's principal place of residence
at the time the eligible expenses are incurred and for which the
account owner receives or will receive a reduction in real property
taxes or manufactured home taxes under division
(B)
(B)(2)

of section 323.152 of the Revised Code.

(7)
"Homestead" means a homestead, as defined in section
323.151 of the Revised Code, or a manufactured or mobile home that is
owned and occupied as a home by an individual whose domicile is in
this state and upon which the manufactured home tax is assessed
pursuant to division (D)(2) of section 4503.06 of the Revised Code.

(8)
"Home purchase costs" means "eligible home costs"
as defined in section 135.70 of the Revised Code.

(9)
"Employer contribution" means the amount an employer
contributes to a homeownership savings account.

(B)
In computing Ohio adjusted gross income, a deduction from federal
adjusted gross income is allowed to a contributor for amounts
contributed to a homeownership savings account to the extent that the
amounts contributed have not already been deducted in computing the
contributor's federal or Ohio adjusted gross income for the taxable
year. The deduction shall equal the amount of contributions made by
the taxpayer and, if filing a joint return, the taxpayer's spouse,
except that the deduction shall not exceed, for any taxable year, ten
thousand dollars for spouses filing a joint return or five thousand
dollars for all other taxpayers for each homeownership savings
account to which contributions are made. If a taxpayer files a joint
return, the deduction amount attributable to contributions made by
each spouse shall not exceed five thousand dollars for each
homeownership savings account to which contributions are made. A
contributor is not entitled to a deduction under this section to the
extent the deduction causes the contributor to exceed the lifetime
contribution limit. No deduction is allowed under this section for
the transfer of funds from one homeownership savings account to
another homeownership savings account.

(C)
In computing Ohio adjusted gross income, a deduction from federal
adjusted gross income is allowed to an account owner for the
following items:

(1)
Interest earned on a homeownership savings account to the extent the
interest has not been otherwise deducted or excluded in computing an
account owner's federal or Ohio adjusted gross income.

(2)
Employer contributions made by an employer to an account owner's
homeownership savings account to the extent the employer
contributions have not been otherwise deducted or excluded in
computing an account owner's federal or Ohio adjusted gross income.

(D)
The tax commissioner may request that a taxpayer claiming a deduction
calculated under division (B) or (C) of this section furnish
information necessary to support the claim for the deduction under
this section, and no deduction shall be allowed unless the requested
information is provided.

(E)
No deduction is permitted under division (B) or (C) of this section
for contributions made or interest earned after the conclusion of a
homeownership savings account's program period.

(F)
The commissioner may adopt rules necessary to administer this
section.

Sec.
5747.86.
Terms
used in this section have the same meanings as in section 122.84 of
the Revised Code.

There
is hereby allowed a nonrefundable credit against a taxpayer's
aggregate tax liability under section 5747.02 of the Revised Code for
a taxpayer who is issued, or to whom is transferred, a tax credit
certificate under section 122.84 of the Revised Code. The credit
equals the amount stated on the certificate and may be claimed for
the taxable year that includes the first day of the investment period
that was the subject of the application for the certificate under
that section or for the ensuing taxable year.
For
a credit issued during the July application round each year, the
credit may also be claimed for the preceding taxable year. A taxpayer
applying a credit for the preceding taxable year shall file an
amended return or apply that amendment on the taxpayer's original
return, for that year.

If
the certificate is held by a pass-through entity, any taxpayer that
is a direct or indirect investor in the pass-through entity on the
last day of the entity's qualifying taxable year may claim the
taxpayer's proportionate or distributive share of the credit against
the taxpayer's aggregate amount of tax levied under section 5747.02
of the Revised Code.

The
credit shall be claimed in the order required under section 5747.98
of the Revised Code. If the credit exceeds the taxpayer's aggregate
tax due under section 5747.02 of the Revised Code for that taxable
year after allowing for credits that precede the credit under this
section in that order, such excess shall be allowed as a credit in
each of the ensuing five taxable years, but the amount of any excess
credit allowed in any such taxable year shall be deducted from the
balance carried forward to the ensuing taxable year.

No
credit shall be claimed under this section to the extent the credit
was claimed under section 5725.38, 5726.61, or 5729.21 of the Revised
Code.

Sec.
5747.87.
There
is allowed a nonrefundable credit against a taxpayer's aggregate tax
liability under section 5747.02 of the Revised Code for a taxpayer
who holds the rights to a tax credit certificate that is issued on or
after the effective date of this section under section 122.09 of the
Revised Code. The credit equals the amount stated on the certificate
and may be claimed for the taxable year ending in the calendar year
specified in the certificate or in the ensuing calendar year. The
credit shall be claimed in the order required under section 5747.98
of the Revised Code. If the credit exceeds the taxpayer's aggregate
tax due under section 5747.02 of the Revised Code for that taxable
year after allowing for credits that precede the credit under this
section in that order, the excess may be carried forward for five
ensuing taxable years, but the amount of any excess credit allowed in
any such taxable year shall be deducted from the balance carried
forward to the ensuing taxable year. Nothing in this section limits
or disallows pass-through treatment of the credit if the person
holding the rights to a tax credit certificate is a pass-through
entity.

No
credit shall be claimed under this section to the extent the
certificate was used to claim a credit under section 5725.35,
5726.62, or 5729.18 of the Revised Code.

Sec.
5747.98.
(A)
To provide a uniform procedure for calculating a taxpayer's aggregate
tax liability under section 5747.02 of the Revised Code, a taxpayer
shall claim any credits to which the taxpayer is entitled in the
following order:

Either
the retirement income credit under division (B) of section 5747.055
of the Revised Code or the lump sum retirement income credits under
divisions (C), (D), and (E) of that section;

Either
the senior citizen credit under division (F) of section 5747.055 of
the Revised Code or the lump sum distribution credit under division
(G) of that section;

The
dependent care credit under section 5747.054 of the Revised Code;

The
credit for displaced workers who pay for job training under section
5747.27 of the Revised Code;

The
campaign contribution credit under section 5747.29 of the Revised
Code;

The
twenty-dollar personal exemption credit under section 5747.022 of the
Revised Code;

The
joint filing credit under division
(G)
(E)

of section 5747.05 of the Revised Code;

The
earned income credit under section 5747.71 of the Revised Code;

The
nonrefundable credit for education expenses under section 5747.72 of
the Revised Code;

The
nonrefundable credit for donations to scholarship granting
organizations under section 5747.73 of the Revised Code;

The
nonrefundable credit for tuition paid to a nonchartered nonpublic
school under section 5747.75 of the Revised Code;

The
nonrefundable vocational job credit under section 5747.057 of the
Revised Code;

The
nonrefundable job retention credit under division (B) of section
5747.058 of the Revised Code;

The
enterprise zone credit under section 5709.66 of the Revised Code;

The
credit for beginning farmers who participate in a financial
management program under division (B) of section 5747.77 of the
Revised Code;

The
credit for commercial vehicle operator training expenses under
section 5747.82 of the Revised Code;

The
nonrefundable welcome home Ohio (WHO) program credit under section
122.633 of the Revised Code;

The
nonrefundable credit for transformational mixed use development tax
credit certificate holders under section 5747.87 of the Revised Code;

The
credit for selling or renting agricultural assets to beginning
farmers under division (A) of section 5747.77 of the Revised Code;

The
credit for purchases of qualifying grape production property under
section 5747.28 of the Revised Code;

The
small business investment credit under section 5747.81 of the Revised
Code;

The
nonrefundable lead abatement credit under section 5747.26 of the
Revised Code;

The
opportunity zone investment credit under section 5747.86 of the
Revised Code;

The
enterprise zone credits under section 5709.65 of the Revised Code;

The
research and development credit under section 5747.331 of the Revised
Code;

The
credit for rehabilitating a historic building under section 5747.76
of the Revised Code;

The
nonrefundable Ohio low-income housing tax credit under section
5747.83 of the Revised Code;

The
nonrefundable affordable single-family home credit under section
5747.84 of the Revised Code;

The
nonresident credit under division (A) of section 5747.05 of the
Revised Code;

The
credit for a resident's out-of-state income under division (B) of
section 5747.05 of the Revised Code;

The
refundable motion picture and broadway theatrical production credit
under section 5747.66 of the Revised Code;

The
refundable credit for film and theater capital improvement projects
under section 5747.67 of the Revised Code;

The
refundable jobs creation credit or job retention credit under
division (A) of section 5747.058 of the Revised Code;

The
refundable credit for taxes paid by a qualifying entity granted under
section 5747.059 of the Revised Code;

The
refundable credits for taxes paid by a qualifying pass-through entity
granted under division (I) of section 5747.08 of the Revised Code;

The
refundable credit under section 5747.80 of the Revised Code for
losses on loans made to the Ohio venture capital program under
sections 150.01 to 150.10 of the Revised Code;

The
refundable credit for rehabilitating a historic building under
section 5747.76 of the Revised Code;

The
refundable credit under section 5747.39 of the Revised Code for taxes
levied under section 5747.38 of the Revised Code paid by an electing
pass-through entity.

(B)
For any credit, except the refundable credits enumerated in this
section and the credit granted under division (H) of section 5747.08
of the Revised Code, the amount of the credit for a taxable year
shall not exceed the taxpayer's aggregate amount of tax due under
section 5747.02 of the Revised Code, after allowing for any other
credit that precedes it in the order required under this section. Any
excess amount of a particular credit may be carried forward if
authorized under the section creating that credit. Nothing in this
chapter shall be construed to allow a taxpayer to claim, directly or
indirectly, a credit more than once for a taxable year.

Sec.
5748.01.
As
used in this chapter:

(A)
"School district income tax" means an income tax adopted
under one of the following:

(1)
Former section 5748.03 of the Revised Code as it existed prior to its
repeal by Amended Substitute House Bill No. 291 of the 115th general
assembly;

(2)
Section 5748.03 of the Revised Code as enacted in Substitute Senate
Bill No. 28 of the 118th general assembly;

(3)
Section 5748.08 of the Revised Code as enacted in Amended Substitute
Senate Bill No. 17 of the 122nd general assembly;

(4)
Section 5748.021 of the Revised Code;

(5)
Section 5748.081 of the Revised Code;

(6)
Section 5748.09 of the Revised Code.

(B)
"Individual" means an individual subject to the tax levied
by section 5747.02 of the Revised Code.

(C)

"Estate"
means an estate subject to the tax levied by section 5747.02 of the
Revised Code
"The
county auditor's market" and "estimated effective rate"
have the same meanings as in section 5705.01 of the Revised Code
.

(D)
"Taxable year" means a taxable year as defined in division
(M) of section 5747.01 of the Revised Code.

(E)
"Taxable income" means
:

(1)
In the case of an individual,

one of the following, as specified in the resolution imposing the
tax:

(a)
(1)

Modified adjusted gross income for the taxable year, as defined in
section 5747.01 of the Revised Code, less the exemptions provided by
section 5747.025 of the Revised Code;

(b)
(2)

Wages, salaries, tips, and other employee compensation to the extent
included in modified adjusted gross income as defined in section
5747.01 of the Revised Code, and net earnings from self-employment,
as defined in section 1402(a) of the Internal Revenue Code, to the
extent included in modified adjusted gross income.

(2)
In the case of an estate, taxable income for the taxable year as
defined in division (S) of section 5747.01 of the Revised Code.

(F)
"Resident" of the school district means
:

(1)
An

an

individual
who is a resident of this state as defined in division (I) of section
5747.01 of the Revised Code during all or a portion of the taxable
year and who, during all or a portion of such period of state
residency, is domiciled in the school district or lives in and
maintains a permanent place of abode in the school district;

(2)
An estate of a decedent who, at the time of death, was domiciled in
the school district.

(G)
"School district income" means
:

(1)
With respect to an individual,

the portion of the taxable income of an individual that is received
by the individual during the portion of the taxable year that the
individual is a resident of the school district and the school
district income tax is in effect in that school district. An
individual may have school district income with respect to more than
one school district.

(2)
With respect to an estate, the taxable income of the estate for the
portion of the taxable year that the school district income tax is in
effect in that school district.

(H)
"Taxpayer" means an individual
or
estate
having
school district income upon which a school district income tax is
imposed.

(I)
"School district purposes" means any of the purposes for
which a tax may be levied pursuant to division (A) of section 5705.21
of the Revised Code, including the combined purposes authorized by
section 5705.217 of the Revised Code.

(J)
"The county auditor's appraised value" and "effective
rate" have the same meanings as in section 5705.01 of the
Revised Code.

Sec.
5748.02.
(A)
The board of education of any school district, except a joint
vocational school district, may declare, by resolution, the necessity
of raising annually a specified amount of money for school district
purposes. The resolution shall specify whether the income that is to
be subject to the tax is taxable income
of
individuals and estates
as
defined in
divisions
(E)(1)(a) and
division
(E)(1) or
(2)
of section 5748.01 of the Revised Code

or
taxable income of individuals as defined in division (E)(1)(b) of
that section
.
A copy of the resolution shall be certified to the tax commissioner
no later than one hundred days prior to the date of the election at
which the board intends to propose a levy under this section. Upon
receipt of the copy of the resolution, the tax commissioner shall
estimate both of the following:

(1)
The property tax rate that would have to be imposed in the current
year by the district to produce an equivalent amount of money;

(2)
The income tax rate that would have had to have been in effect for
the current year to produce an equivalent amount of money from a
school district income tax.

Within
ten days of receiving the copy of the board's resolution, the
commissioner shall prepare these estimates and certify them to the
board. Upon receipt of the certification, the board may adopt a
resolution proposing an income tax under division (B) of this section
at the estimated rate contained in the certification rounded to the
nearest one-fourth of one per cent. The commissioner's certification
applies only to the board's proposal to levy an income tax at the
election for which the board requested the certification. If the
board intends to submit a proposal to levy an income tax at any other
election, it shall request another certification for that election in
the manner prescribed in this division.

(B)(1)
Upon the receipt of a certification from the tax commissioner under
division (A) of this section, a majority of the members of a board of
education may adopt a resolution proposing the levy of an annual tax
for school district purposes on school district income. The proposed
levy may be for a continuing period of time or for a specified number
of years. The resolution shall set forth the purpose for which the
tax is to be imposed, the rate of the tax, which shall be the rate
set forth in the commissioner's certification rounded to the nearest
one-fourth of one per cent, the number of years the tax will be
levied or that it will be levied for a continuing period of time, the
date on which the tax shall take effect, which shall be the first day
of January of any year following the year in which the question is
submitted, and the date of the election at which the proposal shall
be submitted to the electors of the district, which shall be on the
date of a primary, general, or special election the date of which is
consistent with section 3501.01 of the Revised Code. The resolution
shall specify whether the income that is to be subject to the tax is
taxable income
of
individuals and estates
as
defined in
divisions
(E)(1)(a) and
division
(E)(1) or
(2)
of section 5748.01 of the Revised Code

or
taxable income of individuals as defined in division (E)(1)(b) of
that section
.
The specification shall be the same as the specification in the
resolution adopted and certified under division (A) of this section.

If
the tax is to be levied for current expenses and permanent
improvements, the resolution shall apportion the annual rate of the
tax. The apportionment may be the same or different for each year the
tax is levied, but the respective portions of the rate actually
levied each year for current expenses and for permanent improvements
shall be limited by the apportionment.

If
the board of education currently imposes an income tax pursuant to
this chapter that is due to expire and a question is submitted under
this section for a proposed income tax to take effect upon the
expiration of the existing tax, the board may specify in the
resolution that the proposed tax renews the expiring tax. Two or more
expiring income taxes may be renewed under this paragraph if the
taxes are due to expire on the same date. If the tax rate being
proposed is no higher than the total tax rate imposed by the expiring
tax or taxes, the resolution may state that the proposed tax is not
an additional income tax.

(2)
A board of education adopting a resolution under division (B)(1) of
this section proposing a school district income tax for a continuing
period of time and limited to the purpose of current expenses may
propose in that resolution to reduce the rate or rates of one or more
of the school district's property taxes levied for a continuing
period of time in excess of the ten-mill limitation for the purpose
of current expenses. The reduction in the rate of a property tax may
be any amount, not exceeding the rate at which the tax is authorized
to be levied. The reduction in the rate of a tax shall first take
effect for the tax year that includes the day on which the school
district income tax first takes effect, and shall continue for each
tax year that both the school district income tax and the property
tax levy are in effect.

In
addition to the matters required to be set forth in the resolution
under division (B)(1) of this section, a resolution containing a
proposal to reduce the rate of one or more property taxes shall state
for each such tax the maximum rate at which it currently may be
levied and the maximum rate at which the tax could be levied after
the proposed reduction, expressed in mills for each one dollar of
taxable value, and that the tax is levied for a continuing period of
time.

A
board proposing to reduce the rate of one or more property taxes
under division (B)(2) of this section shall comply with division (B)
of section 5705.03 of the Revised Code. In addition to the amounts
required in division (B)(2) of that section, the county auditor shall
certify to the board the levy's effective rate for both the last year
before the levy's proposed reduction and the first year that the
reduction applies, both expressed in dollars for each one hundred
thousand dollars of the county auditor's
appraised

market

value.

If
a board of education proposes to reduce the rate of one or more
property taxes under division (B)(2) of this section, the board, when
it makes the certification required under division (A) of this
section, shall designate the specific levy or levies to be reduced,
the maximum rate at which each levy currently is authorized to be
levied, and the rate by which each levy is proposed to be reduced.
The tax commissioner, when making the certification to the board
under division (A) of this section, also shall certify the reduction
in the total effective tax rate for current expenses for each class
of property that would have resulted if the proposed reduction in the
rate or rates had been in effect the previous tax year. As used in
this paragraph, "effective tax rate" has the same meaning
as in section 323.08 of the Revised Code.

(C)
A resolution adopted under division (B) of this section shall go into
immediate effect upon its passage, and no publication of the
resolution shall be necessary other than that provided for in the
notice of election. Immediately after its adoption and at least
ninety days prior to the election at which the question will appear
on the ballot, a copy of the resolution and, if applicable, the
county auditor's certifications under section 5705.03 of the Revised
Code shall be certified to the board of elections of the proper
county, which shall submit the proposal to the electors on the date
specified in the resolution.
The
board of education shall send to the tax commissioner a copy of the
resolution certified to the board of elections.
The
form of the ballot shall be as provided in section 5748.03 of the
Revised Code. Publication of notice of the election shall be made in
a newspaper of general circulation in the county once a week for two
consecutive weeks, or as provided in section 7.16 of the Revised
Code, prior to the election. If the board of elections operates and
maintains a web site, the board of elections shall post notice of the
election on its web site for thirty days prior to the election. The
notice shall contain the time and place of the election and the
question to be submitted to the electors. The question covered by the
resolution shall be submitted as a separate proposition, but may be
printed on the same ballot with any other proposition submitted at
the same election, other than the election of officers.

(D)
No board of education shall submit the question of a tax on school
district income to the electors of the district more than twice in
any calendar year. If a board submits the question twice in any
calendar year, one of the elections on the question shall be held on
the date of the general election.

(E)(1)
No board of education may submit to the electors of the district the
question of a tax on school district income on
the

taxable
income
of
individuals
as
defined in division
(E)(1)(b)
(E)(2)

of section 5748.01 of the Revised Code if that tax would be in
addition to an existing tax on
the

taxable
income
of
individuals and estates
as
defined in
divisions
(E)(1)(a) and (2)
division
(E)(1)

of that section.

(2)
No board of education may submit to the electors of the district the
question of a tax on school district income on
the

taxable
income
of
individuals and estates
as
defined in
divisions
(E)(1)(a) and (2)
division
(E)(1)
of
section 5748.01 of the Revised Code if that tax would be in addition
to an existing tax on
the

taxable
income
of
individuals
as
defined in division
(E)(1)(b)
(E)(2)

of that section.

Sec.
5748.021.
A
board of education that levies a tax under section 5748.02 of the
Revised Code on the school district income of individuals
and
estates
as
defined in divisions (G) and
(E)(1)(a)
and (2)
(E)(1)

of section 5748.01 of the Revised Code may declare, at any time, by a
resolution adopted by a majority of its members, the necessity of
raising annually a specified amount of money for school district
purposes by replacing the existing tax with a tax on
the

school
district income
of
individuals
as
defined in divisions
(G)(1)
(G)

and
(E)(1)(b)
(E)(2)

of section 5748.01 of the Revised Code. The specified amount of money
to be raised annually may be the same as, or more or less than, the
amount of money raised annually by the existing tax.

The
board shall certify a copy of the resolution to the tax commissioner
not later than the eighty-fifth day before the date of the election
at which the board intends to propose the replacement to the electors
of the school district. Not later than the tenth day after receiving
the resolution, the tax commissioner shall estimate the tax rate that
would be required in the school district annually to raise the amount
of money specified in the resolution. The tax commissioner shall
certify the estimate to the board.

Upon
receipt of the tax commissioner's estimate, the board may propose, by
a resolution adopted by a majority of its members, to replace the
existing tax on
the

school
district income
of
individuals and estates
as
defined in divisions (G) and
(E)(1)(a)
and (2)
(E)(1)

of section 5748.01 of the Revised Code with the levy of an annual tax
on
the

school
district income
of
individuals
as
defined in divisions
(G)(1)
(G)

and
(E)(1)(b)

(E)(2)

of
section 5748.01 of the Revised Code. In the resolution, the board
shall specify the rate of the replacement tax, whether the
replacement tax is to be levied for a specified number of years or
for a continuing time, the specific school district purposes for
which the replacement tax is to be levied, the date on which the
replacement tax will begin to be levied, the date of the election at
which the question of the replacement is to be submitted to the
electors of the school district, that the existing tax will cease to
be levied and the replacement tax will begin to be levied if the
replacement is approved by a majority of the electors voting on the
replacement, and that if the replacement is not approved by a
majority of the electors voting on the replacement the existing tax
will remain in effect under its original authority for the remainder
of its previously approved term. The resolution goes into immediate
effect upon its adoption. Publication of the resolution is not
necessary, and the information that will be provided in the notice of
election is sufficient notice. At least seventy-five days before the
date of the election at which the question of the replacement will be
submitted to the electors of the school district, the board shall
certify a copy of the resolution to the board of elections.

The
board of education shall send to the tax commissioner a copy of the
resolution certified to the board of elections.

The
replacement tax shall have the same specific school district purposes
as the existing tax, and its rate shall be the same as the tax
commissioner's estimate rounded to the nearest one-fourth of one per
cent. The replacement tax shall begin to be levied on the first day
of January of the year following the year in which the question of
the replacement is submitted to and approved by the electors of the
school district or on the first day of January of a later year, as
specified in the resolution. The date of the election shall be the
date of an otherwise scheduled primary, general, or special election.

The
board of elections shall make arrangements to submit the question of
the replacement to the electors of the school district on the date
specified in the resolution. The board of elections shall publish
notice of the election on the question of the replacement in one
newspaper of general circulation in the school district once a week
for four consecutive weeks or as provided in section 7.16 of the
Revised Code. The notice shall set forth the question to be submitted
to the electors and the time and place of the election thereon.

The
question shall be submitted to the electors of the school district as
a separate proposition, but may be printed on the same ballot with
other propositions that are submitted at the same election, other
than the election of officers. The form of the ballot shall be
substantially as follows:

"Shall
the existing tax of _____ (state the rate) on the school district
income of individuals
and
estates
imposed
by _____ (state the name of the school district) be replaced by a tax
of _____ (state the rate) on the earned income of individuals
residing in the school district for _____ (state the number of years
the tax is to be in effect or that it will be in effect for a
continuing time), beginning _____ (state the date the new tax will
take effect), for the purpose of _____ (state the specific school
district purposes of the tax)? If the new tax is not approved, the
existing tax will remain in effect under its original authority, for
the remainder of its previously approved term.

For
replacing the existing tax with the new tax

Against
replacing the existing tax with the new tax

"

The
board of elections shall conduct and canvass the election in the same
manner as regular elections in the school district for the election
of county officers. The board shall certify the results of the
election to the board of education and to the tax commissioner. If a
majority of the electors voting on the question vote in favor of the
replacement, the existing tax shall cease to be levied, and the
replacement tax shall begin to be levied, on the date specified in
the ballot question. If a majority of the electors voting on the
question vote against the replacement, the existing tax shall
continue to be levied under its original authority, for the remainder
of its previously approved term.

A
board of education may not submit the question of replacing a tax
more than twice in a calendar year. If a board submits the question
more than once, one of the elections at which the question is
submitted shall be on the date of a general election.

If
a board of education later intends to renew a replacement tax levied
under this section, it shall repeat the procedure outlined in this
section to do so, the replacement tax then being levied being the
"existing tax" and the renewed replacement tax being the
"replacement tax."

Sec.
5748.03.
(A)
The form of the ballot on a question submitted to the electors under
section 5748.02 of the Revised Code shall be as follows:

"Shall
an annual income tax of _______ (state the proposed rate of tax) on
the school district income of individuals
and
of estates
be
imposed by _______ (state the name of the school district), for
_______ (state the number of years the tax would be levied, or that
it would be levied for a continuing period of time), beginning
_______ (state the date the tax would first take effect), for the
purpose of ______ (state the purpose of the tax)?

FOR
THE TAX

AGAINST
THE TAX

"

(B)(1)
If the question submitted to electors proposes a school district
income tax only on
the

taxable
income
of
individuals
as
defined in division
(E)(1)(b)
(E)(2)

of section 5748.01 of the Revised Code, the form of the ballot shall
be modified by stating that the tax is to be levied on the "earned
income of individuals residing in the school district" in lieu
of the "school district income of individuals

and
of estates
."

(2)
If the question submitted to electors proposes to renew one or more
expiring income tax levies, the ballot shall be modified by adding
the following language immediately after the name of the school
district that would impose the tax: "to renew an income tax (or
income taxes) expiring at the end of ________ (state the last year
the existing income tax or taxes may be levied)."

(3)
If the question includes a proposal under division (B)(2) of section
5748.02 of the Revised Code to reduce the rate of one or more school
district property taxes, the ballot shall state that the purpose of
the school district income tax is for current expenses, and the form
of the ballot shall be modified by adding the following language
immediately after the statement of the purpose of the proposed income
tax: ", and shall the rate of an existing tax on property,
currently levied for the purpose of current expenses at the rate of
_______ mills, be REDUCED to _______ mills for each $1 of taxable
value, which amounts to a reduction from $_______ (effective rate) to
$_______ (effective rate) for each $100,000 of the county auditor's

appraised

market

value,
that the county auditor estimates will collect $_____ annually, the
reduction continuing until any such time as the income tax is
repealed." In lieu of "for the tax" and "against
the tax," the phrases "for the issue" and "against
the issue," respectively, shall be used. If a board of education
proposes a reduction in the rates of more than one tax, the ballot
language shall be modified accordingly to express the rates at which
those taxes currently are levied and the rates to which the taxes
will be reduced.

(C)
The board of elections shall certify the results of the election to
the board of education and to the tax commissioner. If a majority of
the electors voting on the question vote in favor of it, the income
tax, the applicable provisions of Chapter 5747. of the Revised Code,
and the reduction in the rate or rates of existing property taxes if
the question included such a reduction shall take effect on the date
specified in the resolution. If the question approved by the voters
includes a reduction in the rate of a school district property tax,
the board of education shall not levy the tax at a rate greater than
the rate to which the tax is reduced, unless the school district
income tax is repealed in an election under section 5748.04 of the
Revised Code.

(D)
If the rate at which a property tax is levied and collected is
reduced pursuant to a question approved under this section, the tax
commissioner shall compute the percentage required to be computed for
that tax under division (D) of section 319.301 of the Revised Code
each year the rate is reduced as if the tax had been levied in the
preceding year at the rate at which it has been reduced. If the rate
of a property tax increases due to the repeal of the school district
income tax pursuant to section 5748.04 of the Revised Code, the tax
commissioner, for the first year for which the rate increases, shall
compute the percentage as if the tax in the preceding year had been
levied at the rate at which the tax was authorized to be levied prior
to any rate reduction.

Sec.
5748.04.
(A)
The question of the repeal of a school district income tax levied for
more than five years may be initiated not more than once in any
five-year period by filing with the board of elections of the
appropriate counties not later than ninety days before the general
election in any year after the year in which it is approved by the
electors a petition requesting that an election be held on the
question. The petition shall be signed by qualified electors residing
in the school district levying the income tax equal in number to ten
per cent of those voting for governor at the most recent
gubernatorial election.

The
board of elections shall determine whether the petition is valid, and
if it so determines, it shall do
both

all

of
the following:

(1)
Submit the question to the electors of the district at the next
general election;

(2)

Send
a copy of the petition to the tax commissioner;

(3)

If
the rate of one or more property tax levies was reduced for the
duration of the income tax levy pursuant to division (B)(2) of
section 5748.02 of the Revised Code, request that the county auditor
certify to the board, in the same manner as required for a tax levy
under section 5705.03 of the Revised Code, an estimate of the levies'
annual collections for the first year in which the levies are
increased, rounded to the nearest dollar, and the levies' effective
rates for the year before the proposed increase and the levies'
effective rates for the first year that the increase applies, both of
which shall be expressed in dollars, rounded to the nearest dollar,
for each one hundred thousand dollars of
the
county auditor's appraised
market

value.

The
county auditor shall certify such information to the board of
elections within ten days after receiving the board's request. If a
school district is located in more than one county, the county
auditor shall obtain from the county auditor of each other county in
which the district is located the tax valuation applicable to the
portion of the district in that county.

The
election shall be conducted, canvassed, and certified in the same
manner as regular elections for county offices in the county. Notice
of the election shall be published in a newspaper of general
circulation in the district once a week for two consecutive weeks, or
as provided in section 7.16 of the Revised Code, prior to the
election. If the board of elections operates and maintains a web
site, the board of elections shall post notice of the election on its
web site for thirty days prior to the election. The notice shall
state the time and place of the election and the question to be
submitted to the electors. The form of the ballot cast at the
election shall be as follows:

"Shall
the annual income tax of _____ per cent, currently levied on the
school district income of individuals
and
estates
by
__________ (state the name of the school district) for the purpose of
__________ (state purpose of the tax), be repealed?

For
repeal of the income tax

Against
repeal of the income tax

"

(B)(1)
If the tax is imposed on taxable income as defined in division

(E)(1)(b)
(E)(2)

of section 5748.01 of the Revised Code, the form of the ballot shall
be modified by stating that the tax currently is levied on the
"earned income of individuals residing in the school district"
in lieu of the "school district income of individuals

and
estates
."

(2)
If the rate of one or more property tax levies was reduced for the
duration of the income tax levy pursuant to division (B)(2) of
section 5748.02 of the Revised Code, the form of the ballot shall be
modified by adding the following language immediately after
"repealed": ", and shall the rate of an existing tax
on property for the purpose of current expenses, which rate was
reduced for the duration of the income tax, be INCREASED from _____
mills to _____ mills for each $1 of taxable value which amounts to an
increase from $_____ (effective rate) to $_____ (effective rate) for
each $100,000 of
the
county auditor's appraised
market

value,
that the county auditor estimates will collect $_____ annually,
beginning in _____ (state the first year for which the rate of the
property tax will increase)." In lieu of "for repeal of the
income tax" and "against repeal of the income tax,"
the phrases "for the issue" and "against the issue,"
respectively, shall be substituted.

(3)
If the rate of more than one property tax was reduced for the
duration of the income tax, the ballot language shall be modified
accordingly to express the rates at which those taxes currently are
levied and the rates to which the taxes would be increased.

(C)
The question covered by the petition shall be submitted as a separate
proposition, but it may be printed on the same ballot with any other
proposition submitted at the same election other than the election of
officers. If a majority of the qualified electors voting on the
question vote in favor of it, the result shall be certified
immediately after the canvass by the board of elections to the board
of education of the school district and the tax commissioner, who
shall thereupon, after the current year, cease to levy the tax,
except that if notes have been issued pursuant to section 5748.05 of
the Revised Code the tax commissioner shall continue to levy and
collect under authority of the election authorizing the levy an
annual amount, rounded upward to the nearest one-fourth of one per
cent, as will be sufficient to pay the debt charges on the notes as
they fall due.

(D)
If a school district income tax repealed pursuant to this section was
approved in conjunction with a reduction in the rate of one or more
school district property taxes as provided in division (B)(2) of
section 5748.02 of the Revised Code, then each such property tax may
be levied after the current year at the rate at which it could be
levied prior to the reduction, subject to any adjustments required by
the county budget commission pursuant to Chapter 5705. of the Revised
Code. Upon the repeal of a school district income tax under this
section, the board of education may resume levying a property tax,
the rate of which has been reduced pursuant to a question approved
under section 5748.02 of the Revised Code, at the rate the board
originally was authorized to levy the tax. A reduction in the rate of
a property tax under section 5748.02 of the Revised Code is a
reduction in the rate at which a board of education may levy that tax
only for the period during which a school district income tax is
levied prior to any repeal pursuant to this section. The resumption
of the authority to levy the tax upon such a repeal does not
constitute a tax levied in excess of the one per cent limitation
prescribed by Section 2 of Article XII, Ohio Constitution, or in
excess of the ten-mill limitation.

(E)
This section does not apply to school district income tax levies that
are levied for five or fewer years.

Sec.
5748.08.
(A)
The board of education of a city, local, or exempted village school
district, at any time by a vote of two-thirds of all its members, may
declare by resolution that it may be necessary for the school
district to do all of the following:

(1)
Raise a specified amount of money for school district purposes by
levying an annual tax on school district income;

(2)
Issue general obligation bonds for permanent improvements, stating in
the resolution the necessity and purpose of the bond issue and the
amount, approximate date, estimated rate of interest, and maximum
number of years over which the principal of the bonds may be paid;

(3)
Levy a tax outside the ten-mill limitation to pay debt charges on the
bonds and any anticipatory securities;

(4)
Submit the question of the school district income tax and bond issue
to the electors of the district at a special election.

The
resolution shall specify whether the income that is to be subject to
the tax is taxable income
of
individuals and estates
as
defined in
divisions
(E)(1)(a) and
division
(E)(1) or
(2)
of section 5748.01 of the Revised Code

or
taxable income of individuals as defined in division (E)(1)(b) of
that section
.

On
adoption of the resolution, the board shall certify a copy of it to
the tax commissioner and the county auditor no later than one hundred
five days prior to the date of the special election at which the
board intends to propose the income tax and bond issue. Not later
than ten days of receipt of the resolution, the tax commissioner, in
the same manner as required by division (A) of section 5748.02 of the
Revised Code, shall estimate the rates designated in divisions (A)(1)
and (2) of that section and certify them to the board. Not later than
ten days of receipt of the resolution, the county auditor shall
estimate and certify to the board the average annual property tax
rate required throughout the stated maturity of the bonds to pay debt
charges on the bonds, in the same manner as under division (C) of
section 133.18 of the Revised Code.

(B)
On receipt of the tax commissioner's and county auditor's
certifications prepared under division (A) of this section, the board
of education of the city, local, or exempted village school district,
by a vote of two-thirds of all its members, may adopt a resolution
proposing for a specified number of years or for a continuing period
of time the levy of an annual tax for school district purposes on
school district income and declaring that the amount of taxes that
can be raised within the ten-mill limitation will be insufficient to
provide an adequate amount for the present and future requirements of
the school district; that it is necessary to issue general obligation
bonds of the school district for specified permanent improvements and
to levy an additional tax in excess of the ten-mill limitation to pay
the debt charges on the bonds and any anticipatory securities; and
that the question of the bonds and taxes shall be submitted to the
electors of the school district at a special election, which shall
not be earlier than ninety days after certification of the resolution
to the board of elections, and the date of which shall be consistent
with section 3501.01 of the Revised Code. The resolution shall
specify all of the following:

(1)
The purpose for which the school district income tax is to be imposed
and the rate of the tax, which shall be the rate set forth in the tax
commissioner's certification rounded to the nearest one-fourth of one
per cent;

(2)
Whether the income that is to be subject to the tax is taxable income

of
individuals and estates
as
defined in
divisions
(E)(1)(a) and
division
(E)(1) or
(2)
of section 5748.01 of the Revised Code

or
taxable income of individuals as defined in division (E)(1)(b) of
that section
.
The specification shall be the same as the specification in the
resolution adopted and certified under division (A) of this section.

(3)
The number of years the tax will be levied, or that it will be levied
for a continuing period of time;

(4)
The date on which the tax shall take effect, which shall be the first
day of January of any year following the year in which the question
is submitted;

(5)
The amount of the estimated average annual property tax levy,
expressed in mills for each one dollar of taxable value and dollars
for each one hundred thousand dollars of the county auditor's

appraised

market

value,
as certified by the county auditor under division (A) of this
section.

(C)
A resolution adopted under division (B) of this section shall go into
immediate effect upon its passage, and no publication of the
resolution shall be necessary other than that provided for in the
notice of election. Immediately after its adoption and at least
ninety days prior to the election at which the question will appear
on the ballot, the board of education shall certify a copy of the
resolution, along with copies of the auditor's estimate and its
resolution under division (A) of this section, to the board of
elections of the proper county.
The
board of education shall send to the tax commissioner a copy of the
resolution adopted under division (B) of this section and certified
to the board of elections.
The
board of elections shall make the arrangements for the submission of
the question to the electors of the school district, and the election
shall be conducted, canvassed, and certified in the same manner as
regular elections in the district for the election of county
officers.

The
resolution shall be put before the electors as one ballot question,
with a majority vote indicating approval of the school district
income tax, the bond issue, and the levy to pay debt charges on the
bonds and any anticipatory securities. The board of elections shall
publish the notice of the election in a newspaper of general
circulation in the school district once a week for two consecutive
weeks, or as provided in section 7.16 of the Revised Code, prior to
the election. If the board of elections operates and maintains a web
site, it also shall post notice of the election on its web site for
thirty days prior to the election. The notice of election shall state
all of the following:

(1)
The questions to be submitted to the electors;

(2)
The rate of the school district income tax;

(3)
The principal amount of the proposed bond issue;

(4)
The permanent improvements for which the bonds are to be issued;

(5)
The maximum number of years over which the principal of the bonds may
be paid;

(6)
The estimated additional average annual property tax rate to pay the
debt charges on the bonds, as certified by the county auditor, and
expressed in mills for each one dollar of taxable value and in
dollars for each one hundred thousand dollars of the county auditor's

appraised

market

value;

(7)
The time and place of the special election.

(D)
The form of the ballot on a question submitted to the electors under
this section shall be as follows:

"Shall
the ________ school district be authorized to do both of the
following:

(1)
Impose an annual income tax of ______ (state the proposed rate of
tax) on the school district income of individuals

and
of estates
,
for ________ (state the number of years the tax would be levied, or
that it would be levied for a continuing period of time), beginning
________ (state the date the tax would first take effect), for the
purpose of ________ (state the purpose of the tax)?

(2)
Issue bonds for the purpose of _______ in the principal amount of
$______, to be repaid annually over a maximum period of _______
years, and levy a property tax outside the ten-mill limitation
estimated by the county auditor to average over the bond repayment
period _______ mills for each $1 of taxable value, which amounts to
$_______ for each $100,000 of the county auditor's
appraised

market

value,
to pay the annual debt charges on the bonds, and to pay debt charges
on any notes issued in anticipation of those bonds?

FOR
THE INCOME TAX AND BOND ISSUE

AGAINST
THE INCOME TAX AND BOND ISSUE

"

(E)
If the question submitted to electors proposes a school district
income tax only on the taxable income of individuals as defined in
division
(E)(1)(b)
(E)(2)

of section 5748.01 of the Revised Code, the form of the ballot shall
be modified by stating that the tax is to be levied on the "earned
income of individuals residing in the school district" in lieu
of the "school district income of individuals

and
of estates
."

(F)
The board of elections promptly shall certify the results of the
election to the tax commissioner and the county auditor of the county
in which the school district is located. If a majority of the
electors voting on the question vote in favor of it, the income tax
and the applicable provisions of Chapter 5747. of the Revised Code
shall take effect on the date specified in the resolution, and the
board of education may proceed with issuance of the bonds and with
the levy and collection of the property taxes to pay debt charges on
the bonds, at the additional rate or any lesser rate in excess of the
ten-mill limitation. Any securities issued by the board of education
under this section are Chapter 133. securities, as that term is
defined in section 133.01 of the Revised Code.

(G)
After approval of a question under this section, the board of
education may anticipate a fraction of the proceeds of the school
district income tax in accordance with section 5748.05 of the Revised
Code. Any anticipation notes under this division shall be issued as
provided in section 133.24 of the Revised Code, shall have principal
payments during each year after the year of their issuance over a
period not to exceed five years, and may have a principal payment in
the year of their issuance.

(H)
The question of repeal of a school district income tax levied for
more than five years may be initiated and submitted in accordance
with section 5748.04 of the Revised Code.

(I)
No board of education shall submit a question under this section to
the electors of the school district more than twice in any calendar
year. If a board submits the question twice in any calendar year, one
of the elections on the question shall be held on the date of the
general election.

Sec.
5748.081.
A
board of education of a school district that, under divisions (A)(1),
(D)(1), and (E) of section 5748.08 or under section 5748.09 of the
Revised Code, levies a tax on the school district income of
individuals
and
estates
as
defined in divisions (G) and
(E)(1)(a)
and (2)
(E)(1)

of
section 5748.01 of the Revised Code may replace that tax with a tax
on
the

school
district income
of
individuals
as
defined in divisions
(G)(1)
(G)

and
(E)(1)(b)

(E)(2)

of
section 5748.01 of the Revised Code by following the procedure
outlined in, and subject to the conditions specified in, section
5748.021 of the Revised Code, as if the existing tax levied under
section 5748.08 or 5748.09 were levied under section 5748.02 of the
Revised Code. The tax commissioner and the board of elections shall
perform duties in response to the actions of the board of education
under this section as directed in section 5748.021 of the Revised
Code.

Sec.
5748.09.
(A)
The board of education of a city, local, or exempted village school
district, at any time

before
the effective date

of
this amendment

by a vote of two-thirds of all its members, may declare by resolution
that it may be necessary for the school district to do all of the
following:

(1)
Raise a specified amount of money for school district purposes by
levying an annual tax on school district income;

(2)
Levy an additional property tax in excess of the ten-mill limitation
for the purpose of providing for the necessary requirements of the
district, stating in the resolution the amount of money to be raised
each year for such purpose;

(3)
Submit the question of the school district income tax and property
tax to the electors of the district at a special election.

The
resolution shall specify whether the income that is to be subject to
the tax is taxable income
of
individuals and estates
as
defined in
divisions
(E)(1)(a) and
division
(E)(1) or
(2)
of section 5748.01 of the Revised Code

or
taxable income of individuals as defined in division (E)(1)(b) of
that section
.

On
adoption of the resolution, the board shall certify a copy of it to
the tax commissioner and the county auditor not later than one
hundred days prior to the date of the special election at which the
board intends to propose the income tax and property tax. Not later
than ten days after receipt of the resolution, the tax commissioner,
in the same manner as required by division (A) of section 5748.02 of
the Revised Code, shall estimate the rates designated in divisions
(A)(1) and (2) of that section and certify them to the board. Not
later than ten days after receipt of the resolution, the county
auditor
,
in the same manner as required by section 5705.195 of the Revised
Code,

shall make the calculation specified in that section and certify it
to the board.

(B)
On receipt of the tax commissioner's and county auditor's
certifications prepared under division (A) of this section, the board
of education of the city, local, or exempted village school district,
by a vote of two-thirds of all its members, may adopt a resolution
declaring that the amount of taxes that can be raised by all tax
levies the district is authorized to impose, when combined with state
and federal revenues, will be insufficient to provide an adequate
amount for the present and future requirements of the school
district, and that it is therefore necessary to levy, for a specified
number of years or for a continuing period of time, an annual tax for
school district purposes on school district income, and to levy, for
a specified number of years not exceeding ten or for a continuing
period of time, an additional property tax in excess of the ten-mill
limitation for the purpose of providing for the necessary
requirements of the district, and declaring that the question of the
school district income tax and property tax shall be submitted to the
electors of the school district at a special election, which shall
not be earlier than ninety days after certification of the resolution
to the board of elections, and the date of which shall be consistent
with section 3501.01 of the Revised Code. The resolution shall
specify all of the following:

(1)
The purpose for which the school district income tax is to be imposed
and the rate of the tax, which shall be the rate set forth in the tax
commissioner's certification rounded to the nearest one-fourth of one
per cent;

(2)
Whether the income that is to be subject to the tax is taxable income

of
individuals and estates
as
defined in
divisions
(E)(1)(a) and
division
(E)(1) or
(2)
of section 5748.01 of the Revised Code

or
taxable income of individuals as defined in division (E)(1)(b) of
that section
.
The specification shall be the same as the specification in the
resolution adopted and certified under division (A) of this section.

(3)
The number of years the school district income tax will be levied, or
that it will be levied for a continuing period of time;

(4)
The date on which the school district income tax shall take effect,
which shall be the first day of January of any year following the
year in which the question is submitted;

(5)
The amount of money it is necessary to raise for the purpose of
providing for the necessary requirements of the district for each
year the property tax is to be imposed;

(6)
The number of years the property tax will be levied, or that it will
be levied for a continuing period of time;

(7)
The tax list upon which the property tax shall be first levied, which
may be the current year's tax list;

(8)
The amount of the average tax levy, expressed in dollars for each one
hundred thousand dollars of the county auditor's
appraised

market

value
as well as in mills for each one dollar of taxable value, estimated
by the county auditor under division (A) of this section.

(C)
A resolution adopted under division (B) of this section shall go into
immediate effect upon its passage, and no publication of the
resolution shall be necessary other than that provided for in the
notice of election. Immediately after its adoption and at least
ninety days prior to the election at which the question will appear
on the ballot, the board of education shall certify a copy of the
resolution, along with copies of the county auditor's certification
and the resolution under division (A) of this section, to the board
of elections of the proper county.
The
board of education shall send to the tax commissioner a copy of the
resolution adopted under division (B) of this section and certified
to the board of elections.
The
board of education shall make the arrangements for the submission of
the question to the electors of the school district, and the election
shall be conducted, canvassed, and certified in the same manner as
regular elections in the district for the election of county
officers.

The
resolution shall be put before the electors as one ballot question,
with a majority vote indicating approval of the school district
income tax and the property tax. The board of elections shall publish
the notice of the election in a newspaper of general circulation in
the school district once a week for two consecutive weeks, or as
provided in section 7.16 of the Revised Code, prior to the election.
If the board of elections operates and maintains a web site,
also

the
board
shall

also

post

the

notice
of the election on its web site for thirty days prior to the
election. The notice of
the

election
shall state all of the following:

(1)
The questions to be submitted to the electors as a single ballot
question;

(2)
The rate of the school district income tax;

(3)
The number of years the school district income tax will be levied or
that it will be levied for a continuing period of time;

(4)
The annual proceeds of the proposed property tax levy for the purpose
of providing for the necessary requirements of the district;

(5)
The number of years during which the property tax levy shall be
levied, or that it shall be levied for a continuing period of time;

(6)
The estimated average additional tax rate of the property tax,
expressed in dollars for each one hundred thousand dollars of the
county auditor's
appraised

market

value
as well as in mills for each one dollar of taxable value, outside the
limitation imposed by Section 2 of Article XII, Ohio Constitution, as
certified by the county auditor;

(7)
The time and place of the special election.

(D)
The form of the ballot on a question submitted to the electors under
this section shall be as follows:

"Shall
the _____ school district be authorized to do both of the following:

(1)
Impose an annual income tax of ______ (state the proposed rate of
tax) on the school district income of individuals

and
of estates
,
for ________ (state the number of years the tax would be levied, or
that it would be levied for a continuing period of time), beginning
________ (state the date the tax would first take effect), for the
purpose of ________ (state the purpose of the tax)?

(2)
Impose a property tax levy outside of the ten-mill limitation for the
purpose of providing for the necessary requirements of the district
in the sum of $__________________ (here insert annual amount the levy
is to produce), estimated by the county auditor to average
________________ mills for each $1 of taxable value, which amounts to
$________________ for each $100,000 of the county auditor's
appraised

market

value,
for ______________ (state the number of years the tax is to be
imposed or that it will be imposed for a continuing period of time),
commencing in __________ (first year the tax is to be levied), first
due in calendar year ____________ (first calendar year in which the
tax shall be due)?

FOR
THE INCOME TAX AND PROPERTY TAX

AGAINST
THE INCOME TAX AND PROPERTY TAX

"

If
the question submitted to electors proposes a school district income
tax only on the taxable income of individuals as defined in division

(E)(1)(b)

(E)(2)

of
section 5748.01 of the Revised Code, the form of the ballot shall be
modified by stating that the tax is to be levied on the "earned
income of individuals residing in the school district" in lieu
of the "school district income of individuals

and
of estates
."

(E)
The board of elections promptly shall certify the results of the
election to the tax commissioner and the county auditor of the county
in which the school district is located. If a majority of the
electors voting on the question vote in favor of it:

(1)
The income tax and the applicable provisions of Chapter 5747. of the
Revised Code shall take effect on the date specified in the
resolution.

(2)
The board of education of the school district may make the additional
property tax levy necessary to raise the amount specified on the
ballot for the purpose of providing for the necessary requirements of
the district. The property tax levy shall be included in the next tax
budget that is certified to the county budget commission.

(F)(1)
After approval of a question under this section, the board of
education may anticipate a fraction of the proceeds of the school
district income tax in accordance with section 5748.05 of the Revised
Code. Any anticipation notes under this division shall be issued as
provided in section 133.24 of the Revised Code, shall have principal
payments during each year after the year of their issuance over a
period not to exceed five years, and may have a principal payment in
the year of their issuance.

(2)
After the approval of a question under this section and prior to the
time when the first tax collection from the property tax levy can be
made, the board of education may anticipate a fraction of the
proceeds of the levy and issue anticipation notes in an amount not
exceeding the total estimated proceeds of the levy to be collected
during the first year of the levy. Any anticipation notes under this
division shall be issued as provided in section 133.24 of the Revised
Code, shall have principal payments during each year after the year
of their issuance over a period not to exceed five years, and may
have a principal payment in the year of their issuance.

(G)(1)
The question of repeal of a school district income tax levied for
more than five years may be initiated and submitted in accordance
with section 5748.04 of the Revised Code.

(2)
A property tax levy for a continuing period of time may be reduced in
the manner provided under section 5705.261 of the Revised Code.

(H)
No board of education shall submit a question under this section to
the electors of the school district more than twice in any calendar
year. If a board submits the question twice in any calendar year, one
of the elections on the question shall be held on the date of the
general election.

(I)
If the electors of the school district approve a question under this
section, and if the last calendar year the school district income tax
is in effect and the last calendar year of collection of the property
tax are the same, the board of education of the school district may
propose
,
before the effective date of this amendment,

to submit under this section the combined question of a school
district income tax to take effect upon the expiration of the
existing income tax and a property tax to be first collected in the
calendar year after the calendar year of last collection of the
existing property tax, and specify in the resolutions adopted under
this section that the proposed taxes would renew the existing taxes.
The form of the ballot on a question submitted to the electors under
division (I) of this section shall be as follows:

"Shall
the ________ school district be authorized to do both of the
following:

(1)
Impose an annual income tax of _______ (state the proposed rate of
tax) on the school district income of individuals
and
of estates
to
renew an income tax expiring at the end of _______ (state the last
year the existing income tax may be levied) for _______ (state the
number of years the tax would be levied, or that it would be levied
for a continuing period of time), beginning _______ (state the date
the tax would first take effect), for the purpose of _______ (state
the purpose of the tax)?

(2)
Impose a property tax levy renewing an existing levy outside of the
ten-mill limitation for the purpose of providing for the necessary
requirements of the district in the sum of $___________________ (here
insert annual amount the levy is to produce), estimated by the county
auditor to average _________________ mills for each $1 of taxable
value, which amounts to $_________________ for each $100,000 of the
county auditor's
appraised

market

value,
for _____________ (state the number of years the tax is to be imposed
or that it will be imposed for a continuing period of time),
commencing in ___________ (first year the tax is to be levied), first
due in calendar year ____________ (first calendar year in which the
tax shall be due)?

FOR
THE INCOME TAX AND PROPERTY TAX

AGAINST
THE INCOME TAX AND PROPERTY TAX

"

If
the question submitted to electors proposes a school district income
tax only on the taxable income of individuals as defined in division

(E)(1)(b)
(E)(2)

of section 5748.01 of the Revised Code, the form of the ballot shall
be modified by stating that the tax is to be levied on the "earned
income of individuals residing in the school district" in lieu
of the "school district income of individuals

and
of estates
."

(J)(1)
If the electors of the school district approve a question under this
section, and if the last calendar year the school district income tax
is in effect and the last calendar year in which the property tax is
collected are the same, the board of education of the school district
may propose
,
before the effective date of this amendment,

to submit under this section the combined question of all of the
following:

(a)
The renewal of the school district income tax levied under this
section, to take effect upon the expiration of the existing income
tax;

(b)
The renewal of the property tax levied under this section, to be
levied beginning in the tax year after the tax year in which the
existing property tax expires;

(c)
The renewal of a property tax levied under section 5705.194 of the
Revised Code, regardless of the year it expires, to be levied
beginning in the same tax year that the tax described in division
(J)(1)(b) of this section is first levied.

If
the combined question is approved, the existing tax levied under
section 5705.194 of the Revised Code may not be levied for the first
tax year the renewal tax is levied or any following tax year.

(2)
In its resolution to be submitted to the tax commissioner and county
auditor, the board of education shall include, in addition to the
applicable requirements of division (A) of this section, a
declaration of the necessity for the renewal of the property tax
levied under section 5705.194 of the Revised Code, the purpose of the
tax as specified under that section, and the necessity of the
submission of the question of the renewal of the school district
income tax and both property taxes to the electors of the district at
a special election. Not later than ten days after receipt of the
resolution, the county auditor shall make a separate calculation and
certification with respect to the renewal tax described in division
(J)(1)(c) of this section

in
the same manner as required by section 5705.195 of the Revised Code
.

In
its resolution adopted upon receipt of the commissioner's and county
auditor's certifications, the board of education shall include, in
addition to the applicable requirements of division (B) of this
section, a declaration that the amount of taxes that can be raised by
all tax levies the district is authorized to impose, when combined
with state and federal revenues, will be insufficient to provide an
adequate amount for the present and future requirements of the school
district, and that it is therefore necessary to renew the existing
property tax being levied in excess of the ten-mill limitation under
section 5705.194 of the Revised Code for the purpose as specified in
that section, for a specified number of years not exceeding ten or
for a continuing period of time, and that the question of the renewal
of the school district income tax and of both property taxes shall be
submitted to the electors of the school district at a special
election as described in division (B) of this section. With respect
to the renewal tax described in division (J)(1)(c) of this section,
the resolution shall specify the amount of money it is necessary to
raise for the specified purpose for each calendar year the millage is
to be imposed, the tax year that tax is to be first levied, and the
estimated rate of that tax, expressed in dollars for each one hundred
thousand dollars of the county auditor's
appraised

market

value
as well as in mills for each one dollar of taxable value, as
certified by the county auditor.

(3)
In addition to the requirements of division (C) of this section, the
notice of election shall separately state, with respect to the
renewal tax described in division (J)(1)(c) of this section, the
annual proceeds of the proposed levy for the specified purpose; the
number of years the proposed tax will be levied, or that it shall be
levied for a continuing period of time; and the estimated rate of the
proposed levy, expressed in dollars for each one hundred thousand
dollars of the county auditor's
appraised

market

value
as well as in mills for each one dollar of taxable value, as
certified by the county auditor.

(4)
The form of the ballot on a question submitted to the electors under
division (J) of this section shall be identical to the form of the
ballot prescribed in division (I) of this section, except that the
following shall be added after the third paragraph and in place of
the voting box: "(3) Impose a property tax levy renewing an
existing levy outside of the ten-mill limitation for the purpose of
__________ (here insert purpose of levy as specified in section
5705.194 of the Revised Code and determined by the board of
education) in the sum of $ __________ (here insert annual amount the
levy is to produce), estimated by the county auditor to average
__________ mills for each $1 of taxable value, which amounts to
$__________ for each $100,000 of the county auditor's
appraised

market

value,
for __________ (state the number of years the tax is to be imposed or
that it will be imposed for a continuing period of time), commencing
in ___________ (first year the tax is to be levied), first due in
calendar year ____________ (first calendar year in which the tax
shall be due)?

FOR
THE INCOME TAX AND PROPERTY TAXES

AGAINST
THE INCOME TAX AND PROPERTY TAXES

"

If
the existing property tax being levied under section 5705.194 of the
Revised Code is scheduled to expire in a tax year different from that
of the existing property tax being levied under this section, the
form of the ballot shall be modified by adding the following
statement at the end of the paragraph prescribed in this division:
"If approved, any remaining tax years on the existing levy will
not be levied after tax year _________ (last tax year the tax will be
levied), last due in _________ (last calendar year in which the tax
shall be due)."

(5)
If a majority of the electors voting on the question submitted under
division (J) of this section vote in favor of it, the board of
education of the school district may, in addition to any other
authorization in the Revised Code and prior to the time when the
first tax collection from the renewal tax levy can be made,
anticipate a fraction of the proceeds of the renewal levy described
in division (J)(1)(c) of this section and issue anticipation notes in
an amount not exceeding the total estimated proceeds of the levy to
be collected during the first year of the levy. Any such anticipation
notes shall be issued as provided in section 133.24 of the Revised
Code, shall have principal payments during each year after the year
of their issuance over a period not to exceed five years, and may
have a principal payment in the year of their issuance.

(K)
The question of a renewal levy under division (I) or (J) of this
section shall not be placed on the ballot unless the question is
submitted on a date on which a special election may be held under
section 3501.01 of the Revised Code, except for the first Tuesday
after the first Monday in August, during the last year the existing
property tax levy described in division (J)(1)(b) of this section may
be extended on the real and public utility property tax list and
duplicate, or at any election held in the ensuing year.

The
failure by the electors to approve the question of a renewal levy
under division (I) or (J) of this section does not terminate the
authority previously granted by the electors to levy the taxes
proposed to be renewed for their previously approved duration.

(L)
If the electors of the school district approve a question under this
section, the board of education of the school district may propose to
renew any of the existing taxes as individual ballot questions in
accordance with section 5748.02 of the Revised Code, for the school
district income tax, or section 5705.194 of the Revised Code, for the
property tax or taxes.

Sec.
5749.02.
(A)
For the purpose of providing revenue to administer the state's coal
mining and reclamation regulatory program, to meet the environmental
and resource management needs of this state, and to reclaim land
affected by mining, an excise tax is hereby levied on the privilege
of engaging in the severance of natural resources from the soil or
water of this state. The tax shall be imposed upon the severer at the
rates prescribed by this section:

(1)

Ten

Eight

cents
per ton of coal;

(2)
Four cents per ton of salt;

(3)
Two cents per ton of limestone or dolomite;

(4)
Two cents per ton of sand and gravel;

(5)
Ten cents per barrel of oil;

(6)
Two and one-half cents per thousand cubic feet of natural gas;

(7)
One cent per ton of clay, sandstone or conglomerate, shale, gypsum,
or quartzite;

(8)
Except as otherwise provided in this division or in rules adopted by
the reclamation forfeiture fund advisory board under section 1513.182
of the Revised Code, an additional fourteen cents per ton of coal
produced from an area under a coal mining and reclamation permit
issued under Chapter 1513. of the Revised Code for which the
performance security is provided under division (C)(2) of section
1513.08 of the Revised Code. Beginning July 1, 2007, if at the end of
a fiscal biennium the balance of the reclamation forfeiture fund
created in section 1513.18 of the Revised Code is equal to or greater
than ten million dollars, the rate levied shall be twelve cents per
ton. Beginning July 1, 2007, if at the end of a fiscal biennium the
balance of the fund is at least five million dollars, but less than
ten million dollars, the rate levied shall be fourteen cents per ton.
Beginning July 1, 2007, if at the end of a fiscal biennium the
balance of the fund is less than five million dollars, the rate
levied shall be sixteen cents per ton. Beginning July 1, 2009, not
later than thirty days after the close of a fiscal biennium, the
chief of the division of mineral resources management shall certify
to the tax commissioner the amount of the balance of the reclamation
forfeiture fund as of the close of the fiscal biennium. Any necessary
adjustment of the rate levied shall take effect on the first day of
the following January and shall remain in effect during the calendar
biennium that begins on that date.

(9)
An additional one and two-tenths cents per ton of coal mined by
surface mining methods.

(B)
After the director of budget and management transfers money from the
severance tax receipts fund as required in division (H) of section
5749.06 of the Revised Code, money remaining in the severance tax
receipts fund, except for money in the fund from the amounts due
under section 1509.50 of the Revised Code, shall be credited as
follows:

(1)
All of the moneys in the fund from the tax levied in division (A)(1)
of this section shall be credited to the mining regulation and safety
fund created in section 1513.30 of the Revised Code.

(2)
The money in the fund from the tax levied in division (A)(2) of this
section shall be credited to the mining regulation and safety fund.

(3)
Of the moneys in the fund from the tax levied in divisions (A)(3) and
(4) of this section, seven and five-tenths per cent shall be credited
to the geological mapping fund and the remainder shall be credited to
the mining regulation and safety fund created in section 1513.30 of
the Revised Code.

(4)
Of the moneys in the fund from the tax levied in divisions (A)(5) and
(6) of this section, ninety per cent shall be credited to the oil and
gas well fund and ten per cent shall be credited to the geological
mapping fund.

(5)
All of the moneys in the fund from the tax levied in division (A)(7)
of this section shall be credited to the mining regulation and safety
fund.

(6)
All of the moneys in the fund from the tax levied in division (A)(8)
of this section shall be credited to the reclamation forfeiture fund.

(7)
All of the moneys in the fund from the tax levied in division (A)(9)
of this section shall be credited to the mining regulation and safety
fund.

(C)
When, at the close of any fiscal year, the chief finds that the
balance of the reclamation forfeiture fund, plus the estimated
revenues from the tax levied by division (A)(8) of this section for
the remainder of the calendar year that includes the close of the
fiscal year, are sufficient to complete the reclamation of all lands
for which the performance security has been provided under division
(C)(2) of section 1513.08 of the Revised Code, the purposes for which
the tax under division (A)(8) of this section is levied shall be
deemed accomplished at the end of that calendar year. The chief,
within thirty days after the close of the fiscal year, shall certify
those findings to the tax commissioner, and the tax levied under
division (A)(8) of this section shall cease to be imposed for the
subsequent calendar year after the last day of that calendar year on
coal produced under a coal mining and reclamation permit issued under
Chapter 1513. of the Revised Code if the permittee has made tax
payments under division (A)(8) of this section during each of the
preceding five full calendar years. Not later than thirty days after
the close of a fiscal year, the chief shall certify to the tax
commissioner the identity of any permittees who accordingly no longer
are required to pay the tax levied under division (A)(8) of this
section for the subsequent calendar year.

Sec.
5749.07.
(A)
If any severer required by this chapter to make and file returns and
pay the tax levied by section 5749.02 of the Revised Code, or any
severer or owner liable for the amounts due under section 1509.50 of
the Revised Code, fails to make such return or pay such tax or
amounts, the tax commissioner may make an assessment against the
severer or owner based upon any information in the commissioner's
possession.

No
assessment shall be made or issued against any severer for any tax
imposed by section 5749.02 of the Revised Code or against any severer
or owner for any amount due under section 1509.50 of the Revised Code
more than four years after the return was due or was filed, whichever
is later. This section does not bar an assessment against a severer
or owner who fails to file a return as required by this chapter, or
who files a fraudulent return.

The
commissioner shall give the party assessed written notice of such
assessment in the manner provided in section 5703.37 of the Revised
Code. With the notice, the commissioner shall provide instructions on
how to petition for reassessment and request a hearing on the
petition.

(B)
Unless the party assessed files with the commissioner within sixty
days after service of the notice of assessment
,
either personally or by certified mail,

a written petition for reassessment signed by the party assessed or
that party's authorized agent having knowledge of the facts, the
assessment becomes final and the amount of the assessment is due and
payable from the party assessed to the treasurer of state. The
petition shall indicate the objections of the party assessed, but
additional objections may be raised in writing if received by the
commissioner prior to the date shown on the final determination. If
the petition has been properly filed, the commissioner shall proceed
under section 5703.60 of the Revised Code.

(C)
After an assessment becomes final, if any portion of the assessment
remains unpaid, including accrued interest, a certified copy of the
commissioner's entry making the assessment final may be filed in the
office of the clerk of the court of common pleas in the county in
which the party assessed resides or in which the party's business is
conducted. If the party assessed maintains no place of business in
this state and is not a resident of this state, the certified copy of
the entry may be filed in the office of the clerk of the court of
common pleas of Franklin county.

Immediately
upon the filing of such entry, the clerk shall enter a judgment for
the state against the party assessed in the amount shown on the
entry. The judgment may be filed by the clerk in a loose-leaf book
entitled "special judgments for state severance tax," and
shall have the same effect as other judgments. Execution shall issue
upon the judgment upon the request of the commissioner, and all laws
applicable to sales on execution shall apply to sales made under the
judgment.

If
the assessment is not paid in its entirety within sixty days after
the day the assessment is issued, the portion of the assessment
consisting of tax due or amounts due under section 1509.50 of the
Revised Code shall bear interest at the rate per annum prescribed by
section 5703.47 of the Revised Code from the day the commissioner
issues the assessment until it is paid or until it is certified to
the attorney general for collection under section 131.02 of the
Revised Code, whichever comes first. If the unpaid portion of the
assessment is certified to the attorney general for collection, the
entire unpaid portion of the assessment shall bear interest at the
rate per annum prescribed by section 5703.47 of the Revised Code from
the date of certification until the date it is paid in its entirety.
Interest shall be paid in the same manner as the tax and may be
collected by the issuance of an assessment under this section.

(D)
All money collected by the commissioner under this section shall be
paid to the treasurer of state, and when paid shall be considered as
revenue arising from the tax imposed by section 5749.02 of the
Revised Code and the amount due under section 1509.50 of the Revised
Code, as applicable.

Sec.
5751.02.
(A)
For the purpose of funding the needs of this state and its local
governments, there is hereby levied a commercial activity tax on each
person with taxable gross receipts for the privilege of doing
business in this state. For the purposes of this chapter, "doing
business" means engaging in any activity, whether legal or
illegal, that is conducted for, or results in, gain, profit, or
income, at any time during a calendar year. Persons on which the
commercial activity tax is levied include, but are not limited to,
persons with substantial nexus with this state. The tax imposed under
this section is not a transactional tax and is not subject to Public
Law No. 86-272, 73 Stat. 555. The tax imposed under this section is
in addition to any other taxes or fees imposed under the Revised
Code. The tax levied under this section is imposed on the person
receiving the gross receipts and is not a tax imposed directly on a
purchaser. The tax imposed by this section is an annual privilege tax
for the calendar year that contains all tax periods in the calendar
year. A taxpayer is subject to the annual privilege tax for doing
business during any portion of such calendar year.

(B)
The tax imposed by this section is a tax on the taxpayer and shall
not be billed or invoiced to another person. Even if the tax or any
portion thereof is billed or invoiced and separately stated, such
amounts remain part of the price for purposes of the sales and use
taxes levied under Chapters 5739. and 5741. of the Revised Code.
Nothing in division (B) of this section prohibits:

(1)
A person from including in the price charged for a good or service an
amount sufficient to recover the tax imposed by this section; or

(2)
A lessor from including an amount sufficient to recover the tax
imposed by this section in a lease payment charged, or from including
such an amount on a billing or invoice pursuant to the terms of a
written lease agreement providing for the recovery of the lessor's
tax costs. The recovery of such costs shall be based on an estimate
of the total tax cost of the lessor during the tax period, as the tax
liability of the lessor cannot be calculated until the end of that
period.

(C)(1)
The commercial activities tax receipts fund is hereby created in the
state treasury and shall consist of money arising from the tax
imposed under this chapter. Sixty-five one-hundredths of one per cent
of the money credited to that fund shall be credited to the revenue
enhancement fund and shall be used to defray the costs incurred by
the department of taxation in administering the tax imposed by this
chapter and in implementing tax reform measures. The remainder of the
money in the commercial activities tax receipts fund shall first be
credited to the
funds

fund

described
in division (C)(2) of this section, as provided in that division, and
the remainder shall be credited to the general revenue fund.

(2)
Not later than the twentieth day of February, May, August, and
November of each year, the commissioner shall provide for payment
of
the following amounts from the commercial activities tax receipts
fund:

(a)
To
to

the
commercial activity tax motor fuel receipts fund
,

of

an
amount that bears the same ratio to the balance in the commercial
activities tax receipts fund that (a) the taxable gross receipts
attributed to motor fuel used for propelling vehicles on public
highways as indicated by returns filed by the tenth day of that month
for a liability that is due and payable on or after July 1, 2013, for
a tax period ending before July 1, 2014, bears to (b) all taxable
gross receipts as indicated by those returns for such liabilities
;

(b)
To the school district tangible property tax replacement fund, which
is hereby created in the state treasury for the purpose of making the
payments described in section 5709.92 of the Revised Code, an amount
necessary to make those payments;

(c)
To the local government tangible property tax replacement fund, which
is hereby created in the state treasury for the purpose of making the
payments described in section 5709.93 of the Revised Code, an amount
necessary to make those payments.

(D)(1)
On or after the first day of June of each year, the director of
budget and management may transfer any balance in the school district
tangible property tax replacement fund to the general revenue fund.

(2)
On or after the first day of June of each year, the director of
budget and management may transfer any balance in the local
government tangible property tax replacement fund to the general
revenue fund
.

(E)(1)
(D)(1)

There is hereby created in the state treasury the commercial activity
tax motor fuel receipts fund.

(2)
On or before the fifteenth day of June of each fiscal year beginning
with fiscal year 2015, the director of the Ohio public works
commission shall certify to the director of budget and management the
amount of debt service paid from the general revenue fund in the
current fiscal year on bonds issued to finance or assist in the
financing of the cost of local subdivision public infrastructure
capital improvement projects, as provided for in Sections 2k, 2m, 2p,
and 2s of Article VIII, Ohio Constitution, that are attributable to
costs for construction, reconstruction, maintenance, or repair of
public highways and bridges and other statutory highway purposes.
That certification shall allocate the total amount of debt service
paid from the general revenue fund and attributable to those costs in
the current fiscal year according to the applicable section of the
Ohio Constitution under which the bonds were originally issued.

(3)
On or before the thirtieth day of June of each fiscal year beginning
with fiscal year 2015, the director of budget and management shall
determine an amount up to but not exceeding the amount certified
under division
(E)(2)
(D)(2)

of this section and shall reserve that amount from the cash balance
in the petroleum activity tax public highways fund or the commercial
activity tax motor fuel receipts fund for transfer to the general
revenue fund at times and in amounts to be determined by the
director. The director shall transfer the cash balance in the
petroleum activity tax public highways fund or the commercial
activity tax motor fuel receipts fund in excess of the amount so
reserved to the highway operating fund on or before the thirtieth day
of June of the current fiscal year.

Sec.
5751.09.
(A)
The tax commissioner may make an assessment, based on any information
in the commissioner's possession, against any person that fails to
file a return or pay any tax as required by this chapter. The
commissioner shall give the person assessed written notice of the
assessment as provided in section 5703.37 of the Revised Code. With
the notice, the commissioner shall provide instructions on the manner
in which to petition for reassessment and request a hearing with
respect to the petition. The commissioner shall send any assessments
against consolidated elected taxpayer and combined taxpayer groups
under section 5751.011 or 5751.012 of the Revised Code to the
taxpayer's reporting person. The reporting person shall notify all
members of the group of the assessment and all outstanding taxes,
interest, and penalties for which the assessment is issued.

(B)
Unless the person assessed, within sixty days after service of the
notice of assessment, files with the tax commissioner
,
either personally or by certified mail,

a written petition signed by the person or the person's authorized
agent having knowledge of the facts, the assessment becomes final,
and the amount of the assessment is due and payable from the person
assessed to the treasurer of state. The petition shall indicate the
objections of the person assessed, but additional objections may be
raised in writing if received by the commissioner prior to the date
shown on the final determination.

If
a petition for reassessment has been properly filed, the commissioner
shall proceed under section 5703.60 of the Revised Code.

(C)(1)
After an assessment becomes final, if any portion of the assessment,
including accrued interest, remains unpaid, a certified copy of the
tax commissioner's entry making the assessment final may be filed in
the office of the clerk of the court of common pleas in the county in
which the person resides or has its principal place of business in
this state, or in the office of the clerk of court of common pleas of
Franklin county.

(2)
Immediately upon the filing of the entry, the clerk shall enter
judgment for the state against the person assessed in the amount
shown on the entry. The judgment may be filed by the clerk in a
loose-leaf book entitled, "special judgments for the commercial
activity tax" and shall have the same effect as other judgments.
Execution shall issue upon the judgment at the request of the tax
commissioner, and all laws applicable to sales on execution shall
apply to sales made under the judgment.

(3)
If the assessment is not paid in its entirety within sixty days after
the day the assessment was issued, the portion of the assessment
consisting of tax due shall bear interest at the rate per annum
prescribed by section 5703.47 of the Revised Code from the day the
tax commissioner issues the assessment until it is paid or until it
is certified to the attorney general for collection under section
131.02 of the Revised Code, whichever comes first. If the unpaid
portion of the assessment is certified to the attorney general for
collection, the entire unpaid portion of the assessment shall bear
interest at the rate per annum prescribed by section 5703.47 of the
Revised Code from the date of certification until the date it is paid
in its entirety. Interest shall be paid in the same manner as the tax
and may be collected by the issuance of an assessment under this
section.

(D)
If the tax commissioner believes that collection of the tax will be
jeopardized unless proceedings to collect or secure collection of the
tax are instituted without delay, the commissioner may issue a
jeopardy assessment against the person liable for the tax.
Immediately upon the issuance of the jeopardy assessment, the
commissioner shall file an entry with the clerk of the court of
common pleas in the manner prescribed by division (C) of this
section. Notice of the jeopardy assessment shall be served on the
person assessed or the person's authorized agent in the manner
provided in section 5703.37 of the Revised Code within five days of
the filing of the entry with the clerk. The total amount assessed is
immediately due and payable, unless the person assessed files a
petition for reassessment in accordance with division (B) of this
section and provides security in a form satisfactory to the
commissioner and in an amount sufficient to satisfy the unpaid
balance of the assessment. Full or partial payment of the assessment
does not prejudice the commissioner's consideration of the petition
for reassessment.

(E)
The tax commissioner shall immediately forward to the treasurer of
state all amounts the commissioner receives under this section, and
such amounts shall be considered as revenue arising from the tax
imposed under this chapter.

(F)
Except as otherwise provided in this division, no assessment shall be
made or issued against a taxpayer for the tax imposed under this
chapter more than four years after the due date for the filing of the
return for the tax period for which the tax was reported, or more
than four years after the return for the tax period was filed,
whichever is later. The time limit may be extended if both the
taxpayer and the commissioner consent in writing to the extension or
enter into an agreement waiving or extending the time limit. Any such
extension shall extend the four-year time limit in division (A) of
section 5751.08 of the Revised Code for the same period of time.
Nothing in this division bars an assessment against a taxpayer that
fails to file a return required by this chapter or that files a
fraudulent return.

(G)
If the tax commissioner possesses information that indicates that the
amount of tax a taxpayer is required to pay under this chapter
exceeds the amount the taxpayer paid, the tax commissioner may audit
a sample of the taxpayer's gross receipts over a representative
period of time to ascertain the amount of tax due, and may issue an
assessment based on the audit. The tax commissioner shall make a good
faith effort to reach agreement with the taxpayer in selecting a
representative sample. The tax commissioner may apply a sampling
method only if the commissioner has prescribed the method by rule.

(H)
If the whereabouts of a person subject to this chapter is not known
to the tax commissioner, the commissioner shall follow the procedures
under section 5703.37 of the Revised Code.

Sec.
5751.53.
(A)
As used in this section:

(1)
"Net income" and "taxable year" have the same
meanings as in section 5733.04 of the Revised Code.

(2)
"Franchise tax year" means "tax year" as defined
in section 5733.04 of the Revised Code.

(3)
"Deductible temporary differences" and "taxable
temporary differences" have the same meanings as those terms
have for purposes of paragraph 13 of the statement of financial
accounting standards, number 109.

(4)
"Qualifying taxpayer" means a taxpayer under this chapter
that has a qualifying Ohio net operating loss carryforward equal to
or greater than the qualifying amount.

(5)
"Qualifying Ohio net operating loss carryforward" means an
Ohio net operating loss carryforward that the taxpayer could deduct
in whole or in part for franchise tax year 2006 under section 5733.04
of the Revised Code but for the application of division (H) of this
section. A qualifying Ohio net operating loss carryforward shall not
exceed the amount of loss carryforward from franchise tax year 2005
as reported by the taxpayer either on a franchise tax report for
franchise tax year 2005 pursuant to section 5733.02 of the Revised
Code or on an amended franchise tax report prepared in good faith for
such year and filed before July 1, 2006.

(6)
"Disallowed Ohio net operating loss carryforward" means the
lesser of the amounts described in division (A)(6)(a) or (b) of this
section, but the amounts described in divisions (A)(6)(a) and (b) of
this section shall each be reduced by the qualifying amount.

(a)
The qualifying taxpayer's qualifying Ohio net operating loss
carryforward;

(b)
The Ohio net operating loss carryforward amount that the qualifying
taxpayer used to compute the related deferred tax asset reflected on
its books and records on the last day of its taxable year ending in
2004, adjusted for return to accrual, but this amount shall be
reduced by the qualifying related valuation allowance amount. For the
purposes of this section, the "qualifying related valuation
allowance amount" is the amount of Ohio net operating loss
reflected in the qualifying taxpayer's computation of the valuation
allowance account, as shown on its books and records on the last day
of its taxable year ending in 2004, with respect to the deferred tax
asset relating to its Ohio net operating loss carryforward amount.

(7)
"Other net deferred tax items apportioned to this state" is
the product of (a) the amount of other net deferred tax items and (b)
the fraction described in division (B)(2) of section 5733.05 for the
qualifying taxpayer's franchise tax year 2005.

(8)(a)
Subject to divisions (A)(8)(b) to (d) of this section, the "amount
of other net deferred tax items" is the difference between (i)
the qualifying taxpayer's deductible temporary differences, net of
related valuation allowance amounts, shown on the qualifying
taxpayer's books and records on the last day of its taxable year
ending in 2004, and (ii) the qualifying taxpayer's taxable temporary
differences as shown on those books and records on that date. The
amount of other net deferred tax items may be less than zero.

(b)
For the purposes of computing the amount of the qualifying taxpayer's
other net deferred tax items described in division (A)(8)(a) of this
section, any credit carryforward allowed under Chapter 5733. of the
Revised Code shall be excluded from the amount of deductible
temporary differences to the extent such credit carryforward amount,
net of any related valuation allowance amount, is otherwise included
in the qualifying taxpayer's deductible temporary differences, net of
related valuation allowance amounts, shown on the qualifying
taxpayer's books and records on the last day of the qualifying
taxpayer's taxable year ending in 2004.

(c)
No portion of the disallowed Ohio net operating loss carryforward
shall be included in the computation of the amount of the qualifying
taxpayer's other net deferred tax items described in division
(A)(8)(a) of this section.

(d)
In no event shall the amount of other net deferred tax items
apportioned to this state exceed twenty-five per cent of the
qualifying Ohio net operating loss carryforward.

(9)
"Amortizable amount" means:

(a)
If the qualifying taxpayer's other net deferred tax items apportioned
to this state is equal to or greater than zero, eight per cent of the
sum of the qualifying taxpayer's disallowed Ohio net operating loss
carryforward and the qualifying taxpayer's other net deferred tax
items apportioned to this state;

(b)
If the amount of the qualifying taxpayer's other net deferred tax
items apportioned to this state is less than zero and if the absolute
value of the amount of qualifying taxpayer's other net deferred tax
items apportioned to this state is less than the qualifying
taxpayer's disallowed net operating loss, eight per cent of the
difference between the qualifying taxpayer's disallowed net operating
loss carryforward and the absolute value of the qualifying taxpayer's
other net deferred tax items apportioned to this state;

(c)
If the amount of the qualifying taxpayer's other net deferred tax
items apportioned to this state is less than zero and if the absolute
value of the amount of qualifying taxpayer's other net deferred tax
items apportioned to this state is equal to or greater than the
qualifying taxpayer's disallowed net operating loss, zero.

(10)
"Books and records" means the qualifying taxpayer's books,
records, and all other information, all of which the qualifying
taxpayer maintains and uses to prepare and issue its financial
statements in accordance with generally accepted accounting
principles.

(11)(a)
Except as modified by division (A)(11)(b) of this section,
"qualifying amount" means fifty million dollars per person.

(b)
If for franchise tax year 2005 the person was a member of a combined
franchise tax report, as provided by section 5733.052 of the Revised
Code, the "qualifying amount" is, in the aggregate, fifty
million dollars for all members of that combined franchise tax
report, and for purposes of divisions (A)(6)(a) and (b) of this
section, those members shall allocate to each member any portion of
the fifty million dollar amount. The total amount allocated to the
members who are qualifying taxpayers shall equal fifty million
dollars.

(B)
For each calendar period beginning prior to January 1, 2030, there is
hereby allowed a nonrefundable tax credit against the tax levied each
year by this chapter on each qualifying taxpayer, on each
consolidated elected taxpayer having one or more qualifying taxpayers
as a member, and on each combined taxpayer having one or more
qualifying taxpayers as a member. The credit shall be claimed in the
order specified in section 5751.98 of the Revised Code and is allowed
only to reduce the first one-half of any tax remaining after
allowance of the credits that precede it in section 5751.98 of the
Revised Code. No credit under division (B) of this section shall be
allowed against the second one-half of such remaining tax.

Except
as otherwise limited by divisions (C) and (D) of this section, the
maximum amount of the nonrefundable credit that may be used against
the first one-half of the remaining tax for each calendar year is as
follows:

(1)
For calendar year 2010, ten per cent of the amortizable amount;

(2)
For calendar year 2011, twenty per cent of the amortizable amount,
less all amounts previously used;

(3)
For calendar year 2012, thirty per cent of the amortizable amount,
less all amounts previously used;

(4)
For calendar year 2013, forty per cent of the amortizable amount,
less all amounts previously used;

(5)
For calendar year 2014, fifty per cent of the amortizable amount,
less all amounts previously used;

(6)
For calendar year 2015, sixty per cent of the amortizable amount,
less all amounts previously used;

(7)
For calendar year 2016, seventy per cent of the amortizable amount,
less all amounts previously used;

(8)
For calendar year 2017, eighty per cent of the amortizable amount,
less all amounts previously used;

(9)
For calendar year 2018, ninety per cent of the amortizable amount,
less all amounts previously used;

(10)
For each of calendar years 2019 through 2029, one hundred per cent of
the amortizable amount, less all amounts used in all previous years.

In
no event shall the cumulative credit
used
for calendar years 2010 through 2029
claimed
under this section
exceed
one hundred per cent of the amortizable amount.

(C)(1)
Except as otherwise set forth in division (C)(2) of this section
(C)
For tax periods beginning January 1, 2030, and thereafter
,
a
refundable

nonrefundable

credit
is allowed
in
calendar year 2030
for
any portion of the qualifying taxpayer's amortizable amount that is
not used in accordance with division (B) of this section against the
tax levied by this chapter on all taxpayers.

The
credit shall be claimed in the order prescribed in section 5751.98 of
the Revised Code and shall not exceed the tax due after allowance of
any other credits that precede it in that order. The balance of the
qualifying taxpayer's amortizable amount may be carried forward until
fully used, provided that the amount of the credit claimed against
the tax for any tax period shall be deducted from the balance carried
forward to the next period.

(2)
Division (C)(1) of this section shall not apply and no refundable
credit shall be available to any person if during any portion of the
calendar year 2030 the person is not subject to the tax imposed by
this chapter.

(D)
Not later than June 30, 2006, each qualifying taxpayer, consolidated
elected taxpayer, or combined taxpayer that will claim for any year
the credit allowed in divisions (B) and (C) of this section shall
file with the tax commissioner a report setting forth the amortizable
amount available to such taxpayer and all other related information
that the commissioner, by rule, requires. If the taxpayer does not
timely file the report or fails to provide timely all information
required by this division, the taxpayer is precluded from claiming
any credit amounts described in divisions (B) and (C) of this
section. Unless extended by mutual consent, the tax commissioner may,
until June 30, 2010, audit the accuracy of the amortizable amount
available to each taxpayer that will claim the credit, and adjust the
amortizable amount or, if appropriate, issue any assessment or final
determination, as applicable, necessary to correct any errors found
upon audit.

(E)
For the purpose of calculating the amortizable amount, if the tax
commissioner ascertains that any portion of that amount is the result
of a sham transaction as described in section 5703.56 of the Revised
Code, the commissioner shall reduce the amortizable amount by two
times the adjustment.

(F)
If one entity transfers all or a portion of its assets and equity to
another entity as part of an entity organization or reorganization or
subsequent entity organization or reorganization for which no gain or
loss is recognized in whole or in part for federal income tax
purposes under the Internal Revenue Code, the credits allowed by this
section shall be computed in a manner consistent with that used to
compute the portion, if any, of federal net operating losses allowed
to the respective entities under the Internal Revenue Code. The tax
commissioner may prescribe forms or rules for making the computations
required by this division.

(G)(1)
Except as provided in division (F) of this section, no person shall
pledge, collateralize, hypothecate, assign, convey, sell, exchange,
or otherwise dispose of any or all tax credits, or any portion of any
or all tax credits allowed under this section.

(2)
No credit allowed under this section is subject to execution,
attachment, lien, levy, or other judicial proceeding.

(H)(1)(a)
Except as set forth in division (H)(1)(b) of this section and
notwithstanding division (I)(1) of section 5733.04 of the Revised
Code to the contrary, each person timely and fully complying with the
reporting requirements set forth in division (D) of this section
shall not claim, and shall not be entitled to claim, any deduction or
adjustment for any Ohio net operating loss carried forward to any one
or more franchise tax years after franchise tax year 2005.

(b)
Division (H)(1)(a) of this section applies only to the portion of the
Ohio net operating loss represented by the disallowed Ohio net
operating loss carryforward.

(2)
Notwithstanding division (I) of section 5733.04 of the Revised Code
to the contrary, with respect to all franchise tax years after
franchise tax year 2005, each person timely and fully complying with
the reporting requirements set forth in division (D) of this section
shall not claim, and shall not be entitled to claim, any deduction,
exclusion, or adjustment with respect to deductible temporary
differences reflected on the person's books and records on the last
day of its taxable year ending in 2004.

(3)(a)
Except as set forth in division (H)(3)(b) of this section and
notwithstanding division (I) of section 5733.04 of the Revised Code
to the contrary, with respect to all franchise tax years after
franchise tax year 2005, each person timely and fully complying with
the reporting requirements set forth in division (D) of this section
shall exclude from Ohio net income all taxable temporary differences
reflected on the person's books and records on the last day of its
taxable year ending in 2004.

(b)
In no event shall the exclusion provided by division (H)(3)(a) of
this section for any franchise tax year exceed the amount of the
taxable temporary differences otherwise included in Ohio net income
for that year.

(4)
Divisions (H)(2) and (3) of this section shall apply only to the
extent such items were used in the calculations of the credit
provided by this section.

Sec.
5751.98.
(A)
To provide a uniform procedure for calculating the amount of tax due
under this chapter, a taxpayer shall claim any credits to which it is
entitled in the following order:

The
nonrefundable jobs retention credit under division (B) of section
5751.50 of the Revised Code;

The
nonrefundable credit for qualified research expenses under division
(B) of section 5751.51 of the Revised Code;

The
nonrefundable credit for a borrower's qualified research and
development loan payments under division (B) of section 5751.52 of
the Revised Code;

The
nonrefundable credit for
calendar
years 2010 to 2029 for
unused
net operating losses under
division
(B) of
section
5751.53 of the Revised Code;

The
refundable motion picture and broadway theatrical production credit
under section 5751.54 of the Revised Code;

The
refundable credit for film and theater capital improvement projects
under section 5751.55 of the Revised Code;

The
refundable jobs creation credit or job retention credit under
division (A) of section 5751.50 of the Revised Code
;

The
refundable credit for calendar year 2030 for unused net operating
losses under division (C) of section 5751.53 of the Revised Code
.

(B)
For any credit except the refundable credits enumerated in this
section, the amount of the credit for a tax period shall not exceed
the tax due after allowing for any other credit that precedes it in
the order required under this section. Any excess amount of a
particular credit may be carried forward if authorized under the
section creating the credit.

Sec.
5753.031.
(A)
For the purpose of receiving and distributing, and accounting for,
revenue received from the tax levied by section 5753.021 of the
Revised Code and from fines imposed under Chapter 3775. of the
Revised Code, the following funds are created in the state treasury:

(1)
The sports gaming revenue fund;

(2)
The sports gaming tax administration fund, which the tax commissioner
shall use to defray the costs incurred in administering the tax
levied by section 5753.021 of the Revised Code;

(3)
The sports gaming profits education fund, which shall be used for the
support of public and nonpublic education for students in grades
kindergarten through twelve as determined in appropriations made by
the general assembly.

(4)
The problem sports gaming fund.

(B)(1)
All of the following shall be deposited into the sports gaming
revenue fund:

(a)
All money collected from the tax levied under section 5753.021 of the
Revised Code;

(b)
The remainder of the fees described in division (G)(2) of section
3775.02 of the Revised Code, after the Ohio casino control commission
deposits the required amount in the sports gaming profits veterans
fund under that division;

(c)
Unclaimed winnings collected under division (F) of section 3775.10 of
the Revised Code;

(d)
Any fines collected under Chapter 3775. of the Revised Code.

(2)
All other fees collected under Chapter 3775. of the Revised Code
shall be deposited into the casino control commission fund created
under section 5753.03 of the Revised Code.

(C)(1)
From the sports gaming revenue fund, the director of budget and
management shall transfer as needed to the tax refund fund amounts
equal to the refunds certified by the tax commissioner under section
5753.06 of the Revised Code and attributable to the tax levied under
section 5753.021 of the Revised Code.

(2)
Not later than the fifteenth day of each month, the director of
budget and management shall transfer from the sports gaming revenue
fund to the sports gaming tax administration fund the amount
necessary to reimburse the department of taxation's actual expenses
incurred in administering the tax levied under section 5753.021 of
the Revised Code.

(3)
Of the amount in the sports gaming revenue fund remaining after
making the transfers required by divisions (C)(1) and (2) of this
section, the director of budget and management shall transfer, on or
before the fifteenth day of the month following the end of each
calendar quarter, amounts to each fund as follows:

(a)
Ninety-eight per cent to the sports gaming profits education fund;

(b)
Two per cent to the problem sports gaming fund.

(D)

All
interest
Interest

generated
by the
following

funds
created under this section shall be credited back to them
:

(1)
The sports gaming revenue fund;

(2)
The sports gaming tax administration fund;

(3)
The problem sports gaming fund
.

Sec.
5753.07.
(A)(1)
The tax commissioner may issue an assessment, based on any
information in the tax commissioner's possession, against a taxpayer
who fails to pay the tax levied under section 5753.02 or 5753.021 of
the Revised Code or to file a return under section 5753.04 of the
Revised Code. The tax commissioner shall give the taxpayer written
notice of the assessment under section 5703.37 of the Revised Code.
With the notice, the tax commissioner shall include instructions on
how to petition for reassessment and on how to request a hearing with
respect to the petition.

(2)
Unless the taxpayer, within sixty days after service of the notice of
assessment, files with the tax commissioner
,
either personally or by certified mail,

a written petition signed by the taxpayer, or by the taxpayer's
authorized agent who has knowledge of the facts, the assessment
becomes final, and the amount of the assessment is due and payable
from the taxpayer to the treasurer of state. The petition shall
indicate the taxpayer's objections to the assessment. Additional
objections may be raised in writing if they are received by the tax
commissioner before the date shown on the final determination.

(3)
If a petition for reassessment has been properly filed, the tax
commissioner shall proceed under section 5703.60 of the Revised Code.

(4)
After an assessment becomes final, if any portion of the assessment,
including penalties and accrued interest, remains unpaid, the tax
commissioner may file a certified copy of the entry making the
assessment final in the office of the clerk of the court of common
pleas of Franklin county or in the office of the clerk of the court
of common pleas of the county in which the taxpayer resides, the
taxpayer's casino facility or sports gaming facility is located, or
the taxpayer's principal place of business in this state is located.
Immediately upon the filing of the entry, the clerk shall enter a
judgment for the state against the taxpayer assessed in the amount
shown on the entry. The judgment may be filed by the clerk in a
loose-leaf book entitled, "special judgments for the gross
casino revenue tax and sports gaming receipts tax." The judgment
has the same effect as other judgments. Execution shall issue upon
the judgment at the request of the tax commissioner, and all laws
applicable to sales on execution apply to sales made under the
judgment.

(5)
If the assessment is not paid in its entirety within sixty days after
the day the assessment was issued, the portion of the assessment
consisting of tax due shall bear interest at the rate per annum
prescribed by section 5703.47 of the Revised Code from the day the
tax commissioner issued the assessment until the assessment is paid
or until it is certified to the attorney general for collection under
section 131.02 of the Revised Code, whichever comes first. If the
unpaid portion of the assessment is certified to the attorney general
for collection, the entire unpaid portion of the assessment shall
bear interest at the rate per annum prescribed by section 5703.47 of
the Revised Code from the date of certification until the date it is
paid in its entirety. Interest shall be paid in the same manner as
the tax levied under section 5753.02 or 5753.021 of the Revised Code,
as applicable, and may be collected by the issuance of an assessment
under this section.

(B)
If the tax commissioner believes that collection of the tax levied
under section 5753.02 or 5753.021 of the Revised Code will be
jeopardized unless proceedings to collect or secure collection of the
tax are instituted without delay, the commissioner may issue a
jeopardy assessment against the taxpayer that is liable for the tax.
Immediately upon the issuance of a jeopardy assessment, the tax
commissioner shall file an entry with the clerk of the court of
common pleas in the manner prescribed by division (A)(4) of this
section, and the clerk shall proceed as directed in that division.
Notice of the jeopardy assessment shall be served on the taxpayer or
the taxpayer's authorized agent under section 5703.37 of the Revised
Code within five days after the filing of the entry with the clerk.
The total amount assessed is immediately due and payable, unless the
taxpayer assessed files a petition for reassessment under division
(A)(2) of this section and provides security in a form satisfactory
to the tax commissioner that is in an amount sufficient to satisfy
the unpaid balance of the assessment. If a petition for reassessment
has been filed, and if satisfactory security has been provided, the
tax commissioner shall proceed under division (A)(3) of this section.
Full or partial payment of the assessment does not prejudice the tax
commissioner's consideration of the petition for reassessment.

(C)
The tax commissioner shall immediately forward to the treasurer of
state all amounts the tax commissioner receives under this section,
and the amounts forwarded shall be treated as if they were revenue
arising from the tax levied under section 5753.02 or 5753.021 of the
Revised Code, as applicable.

(D)
Except as otherwise provided in this division, no assessment shall be
issued against a taxpayer for the tax levied under section 5753.02 or
5753.021 of the Revised Code more than four years after the due date
for filing the return for the tax period for which the tax was
reported, or more than four years after the return for the tax period
was filed, whichever is later. This division does not bar an
assessment against a taxpayer who fails to file a return as required
by section 5753.04 of the Revised Code or who files a fraudulent
return, or when the taxpayer and the tax commissioner waive in
writing the time limitation.

(E)
If the tax commissioner possesses information that indicates that the
amount of tax a taxpayer is liable to pay under section 5753.02 or
5753.021 of the Revised Code exceeds the amount the taxpayer paid,
the tax commissioner may audit a sample of the taxpayer's gross
casino revenue or sports gaming receipts, as applicable, over a
representative period of time to ascertain the amount of tax due, and
may issue an assessment based on the audit. The tax commissioner
shall make a good faith effort to reach agreement with the taxpayer
in selecting a representative sample. The tax commissioner may apply
a sampling method only if the tax commissioner has prescribed the
method by rule.

(F)
If the whereabouts of a taxpayer who is liable for the tax levied
under section 5753.02 or 5753.021 of the Revised Code are unknown to
the tax commissioner, the tax commissioner shall proceed under
section 5703.37 of the Revised Code.

Sec.
5907.11.
(A)

The
superintendent of the Ohio veterans' homes, with the approval of the
director of veterans services, may establish a local fund for each
veterans' home to be used for the entertainment and welfare of the
residents of the home. Each fund shall be designated as the
residents' benefit fund and shall be operated for the exclusive
benefit of the residents of the associated home. Each fund shall
receive all revenue from the sale of commissary items at the
associated home and shall receive all moneys received as donations by
the associated home from any source.

(B)
The superintendent, subject to the approval of the director, shall
establish rules for the operation of the residents' benefit funds.

Sec.
5907.17.
(A)
As used in this section,
"physician"
"clinician"

means
an
individual authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery
any
of the following:

(1)
An advanced practice registered nurse, licensed practical nurse,
physician, physician's assistant, or registered nurse as defined in
section 4723.01 of the Revised Code;

(2)
An individual registered in the state nurse aide registry pursuant to
section 3721.32 of the Revised Code;

(3)
Any Ohio veterans' home employee who is a licensed medical
professional in this state and is not exempt from a student loan
repayment program under a union contract or other law
.

(B)
The department of veterans services may establish a
physician

clinician

recruitment
program under which the department agrees to repay all or part of the
principal and interest of a governmental or other educational loan
incurred by a
physician

clinician

who
agrees to provide services to institutions under the department's
administration.

(C)
A
physician

clinician

is
eligible to participate in the recruitment program if the
physician
attended a medical or osteopathic medical school that was, at the
time of attendance, either located in the United States and
accredited by the liaison committee on medical education or the
American osteopathic association or located outside the United States
and acknowledged by the world health organization and verified by a
member state of that organization as operating within that state's
jurisdiction
clinician
meets all of the following requirements:

(1)
The clinician is licensed in this state by the appropriate licensing
authority and works in that discipline at an Ohio veterans' home;

(2)
The clinician has worked at an Ohio veterans' home for at least one
year;

(3)
The clinician has not been subject to formal discipline while
employed by an Ohio veterans' home;

(4)
The clinician provides evidence sufficient for the director of
veterans services, or the director's designee, to determine that the
clinician attended a school or medical program accredited by a
national or regional accrediting organization;

(5)
The clinician agrees to the contract terms subject to division (D) of
this section and any rules adopted under division (E) of this
section
.

(D)
The department and each
physician

clinician

it
recruits shall enter into a contract that includes all of the
following terms:

(1)
The
physician

clinician

agrees
to

maintain
appropriate licensure and

provide a specified scope of
medical
or osteopathic medical
health
care
services
for a specified number of hours per week and for a specified number
of years

of
one or more years

to
patients

residents

of

one
or more specified institutions administered by the department
the
Ohio veterans' homes
.

(2)
The department agrees to repay all or a specified portion of the
principal and interest of a governmental or other educational loan
taken by the
physician

clinician

for
the following expenses if the
physician

clinician

meets
the service obligation agreed to and the expenses were incurred while
the
physician

clinician

was
enrolled in, for up to a maximum of four years, a school
or
medical program accredited by a national or regional accrediting
organization
that
qualifies the physician to participate in the program
:

(a)
Tuition;

(b)
Other educational expenses for specific purposes, including fees,
books, and laboratory expenses, in amounts determined to be
reasonable in accordance with rules adopted under division (E) of
this section;

(c)
Room and board, in an amount determined to be reasonable in
accordance with rules adopted under division (E) of this section.

(3)
The
physician

clinician

agrees
to pay the department a specified amount, which shall be not less
than the amount already paid by the department pursuant to its
agreement, as damages if the
physician

clinician

fails
to complete the service obligation agreed to or fails to comply with
other specified terms of the contract. The contract may vary the
amount of damages based on the portion of the
physician's

clinician's

service
obligation that remains uncompleted as determined by the department.

(4)
Other terms agreed upon by the parties.

(E)
The department shall adopt rules under Chapter 119. of the Revised
Code that establish all of the following:

(1)
Criteria for designating institutions for which
physicians

clinicians

will
be recruited;

(2)
Criteria for selecting
physicians

clinicians

for
participation in the program;

(3)
Criteria for determining the portion of a
physician's

clinician's

loan
that the department will agree to repay;

(4)
Criteria for determining reasonable amounts of the expenses described
in divisions (D)(2)(b) and (c) of this section;

(5)
Procedures for monitoring compliance by
physicians

clinicians

with
the terms of their contracts; and

(6)
Any other criteria or procedures necessary to implement the program.

(F)
The director or the director's designee may allocate funds among
clinicians recruited under the program for any purpose the director
or director's designee considers necessary to best serve clinician
staffing needs, including department eligibility for benefits from
incentive programs from federal or other entities, in consideration
of maximizing the overall benefit to the Ohio veterans' homes.

Sec.
5923.30.
Whenever
it is ascertained by the adjutant general
or
the auditor of state
that
any officer of the organized militia is unable to properly account
for the property or moneys in
his

the
officer's

possession

he
,
the adjutant general

shall give immediate notice thereof to the attorney general for
action against such officer and
his
bondsmen
the
officer's bonder
,
and the attorney general shall bring such action.

Sec.
6101.53.
To
maintain, operate, and preserve the reservoirs, ditches, drains,
dams, levies, canals, sewers, pumping stations, treatment and
disposal works, or other properties or improvements acquired or made
pursuant to this chapter, to strengthen, repair, and restore the
same, when needed, and to defray the current expenses of the
conservancy district, the board of directors of the district may,
upon the substantial completion of the improvements and on or before
the thirtieth day of September in each year thereafter, levy an
assessment upon each tract or parcel of land and upon each public
corporation within the district, subject to assessments under this
chapter, to be known as a conservancy maintenance assessment. No
assessment shall be made with respect to works and improvements
acquired or constructed for the purpose of providing a water supply
for domestic, industrial, and public use within the district, when
the water supply can be metered or measured when furnished to persons
or public corporations. If the district, for the benefit of one or
more persons or political subdivisions, provides a water supply that
recharges underground aquifers and thereby replenishes wells or
provides a source of water for new wells, or increases the natural
low flow of a stream used for water supply, or creates an
impoundment, in such a way that the augmented use of water cannot be
metered or measured for individual or public consumption, the board
may make a maintenance assessment against benefited property and
public corporations in the same manner provided in this section for
maintenance of other properties or improvements.

The
maintenance assessment shall be apportioned upon the basis of the
total appraisal of benefits accruing for original and subsequent
construction, shall not exceed one per cent of the total appraisal of
benefits in any one year unless the court by its order authorizes an
assessment of a larger percentage,
shall
not be less than two dollars,

and shall be certified to the county auditor of each county in which
lands of the district are located in the conservancy assessment
record but in a separate column in like manner and at the same time
as the annual installment of the assessment levied under section
6101.48 of the Revised Code is certified, under the heading
maintenance assessment. The auditor shall certify the same to the
county treasurer of the county at the same time that the auditor
certifies the annual installment of the assessments levied under that
section, and the sum of the levies for any tract or public
corporation may be certified as a single item. The treasurer shall
demand and collect the maintenance assessment and make return of it,
and shall be liable for the same penalties for failure to do so as
are provided for the annual installment of the assessment levied
under section 6101.48 of the Revised Code.

The
amount of the maintenance assessment paid by any parcel of land or
public corporation shall not be credited against the benefits
assessed against the parcel of land or public corporation, but the
maintenance assessment shall be in addition to any assessment that
has been or can be levied under section 6101.48 of the Revised Code.

To
maintain, operate, and preserve the works and improvements of the
district acquired or constructed for the purpose of providing a water
supply, to strengthen, repair, and restore the same, and to defray
the current expenses of the district for this purpose, the board may
impose rates for the sale of water to public corporations and persons
within the district. The rates to be charged for the water shall be
fixed and adjusted by the board at intervals of not less than one
year, so that the income thus produced will be adequate to provide a
maintenance fund for the purpose of water supply. Contracts for
supplying water to public corporations and persons shall be entered
into before the service is rendered by the district. Contracts shall
specify the maximum quantity of water to be furnished to the public
corporation or person, and the quantity shall be fixed so as
equitably to distribute the supply. Preference shall be given to
water supply furnished to public corporations for domestic and public
uses. Bills for water supplied to public corporations shall be
rendered at regular intervals and shall be payable from the
waterworks fund of the public corporation or, if it is not
sufficient, from the general fund.

For
tax years 2020 to 2024, qualifying real property, as defined in
section 727.031 of the Revised Code, is exempt from special
assessments levied under this section, provided no delinquent special
assessments and related interest and penalties are levied or assessed
against any property owned by the owner and operator of the
qualifying real property for that tax year.

Sec.
6101.54.
Whenever
the owners or representatives of twenty-five per cent or more of the
acreage or value of the lands in a conservancy district or the board
of directors of a conservancy district file a petition with the clerk
of the court having jurisdiction in the original case, stating that
there has been a material change in the values of the property in the
district or additional benefits are being derived from the works and
the improvements of the district since the last previous appraisal of
benefits, and praying for a readjustment of the appraisal of benefits
for the purpose of making a more equitable basis for the levy of the
maintenance assessment under section 6101.53 of the Revised Code, the
clerk shall give notice of the filing and of a hearing of the
petition by publication.

Upon
hearing of the petition, if the court finds there has been a material
change in the values of property in the district, or that additional
benefits are derived from the works and improvements of the district,
or both, since the last previous appraisal of benefits, the court
shall order that there be a readjustment of the appraisal of benefits
for the purpose of providing a basis upon which to levy the
maintenance assessment of the district. The court then shall direct
the board of appraisers of the conservancy district to make the
readjustment in the manner provided in this chapter, and the board
shall make its report. The same proceedings shall be had on it, as
nearly as may be, as are provided in this chapter for the appraisal
of benefits accruing for original construction. In making the
readjustment of the appraisal of benefits, the readjusted appraisal
shall not be limited to the aggregate amount of or to the benefits or
properties or persons listed in the original or any previous
appraisal of benefits, and, after the making of the readjustment, the
limitation of the annual maintenance assessment to one per cent of
the total appraised benefits
,
but not less than two dollars,

shall apply to the amount of the benefits as readjusted. There shall
be no readjustment of benefits more often than once in six years.

Sec.
6101.55.
The
board of directors of a conservancy district shall each year after
the original assessment has been levied determine, order, and levy
the annual levy, which shall include all assessments, or installments
of assessments, together with interest, levied under this chapter,
which become due in the ensuing year. The annual levy shall be due
and be collected at the same time that state and county taxes are due
and collected. After bonds have been sold, in the determination of an
annual levy, the rate of interest upon the unpaid installments of an
assessment shall be the rate borne by the bonds that have been issued
and sold pursuant to the assessment. The annual levy shall be
recorded in the conservancy assessment record, shall be signed and
certified by the president of the board and by the secretary of the
conservancy district not later than the thirtieth day of September
each year, and shall thereafter become a permanent record in the
office of the district.

The
certificate of the annual levy shall be substantially as set forth in
section 6101.84 of the Revised Code. Then shall follow both of the
following:

(A)
The descriptions of the property opposite the names of the owners;

(B)
The total amount of the annual levy on each piece of property and on
each public corporation for the account of all funds and the amount
of each item making up the total.

The
form of the annual levy portion of the conservancy assessment record
as prescribed in this section may be modified with the approval of
the
auditor
of state
court
.
The certificate of the annual levy and the annual levy portion of the
conservancy assessment record shall be named " Assessment Record
of ________________ District, _________________ County, Ohio."

One
copy of that part of the assessment record affecting lands and public
corporations in any county shall be forwarded to the county auditor
of that county. The auditor of each county shall set up as a charge
upon the county treasurer the total amount of assessments levied as
shown by the assessment record, and shall certify the record as other
tax records to the county treasurer of the county. The treasurer
shall collect the amount according to law. The assessment record
shall be the treasurer's warrant and authority to demand and receive
the assessments due in the county as found in the record.

In
the event of any failure of the board to determine and order an
annual levy for the purpose of paying the interest and principal of
any bonds pursuant to this chapter, the auditor of the county in
which the lands and public corporations subject to the assessments
are situated shall make and complete a levy of the special
assessments necessary for the purpose against the lands and public
corporations in the district, and each piece of property in that
county against which benefits have been appraised. Any assessment so
made and completed by the auditor shall be made and completed by the
auditor in the manner provided for the making and completion of an
assessment by the board, and shall have the same effect as a levy of
assessments determined and ordered by the board.

Sec.
6111.01.
As
used in this chapter:

(A)
"Pollution" means the placing of any sewage, sludge, sludge
materials, industrial waste, or other wastes in any waters of the
state.

(B)
"Sewage" means any liquid waste containing sludge, sludge
materials, or animal or vegetable matter in suspension or solution,
and may include household wastes as commonly discharged from
residences and from commercial, institutional, or similar facilities.

(C)
"Industrial waste" means any liquid, gaseous, or solid
waste substance resulting from any process of industry, manufacture,
trade, or business, or from the development, processing, or recovery
of any natural resource, together with such sewage as is present.

(D)
"Other wastes" means garbage, refuse, decayed wood,
sawdust, shavings, bark, and other wood debris, lime, sand, ashes,
offal, night soil, oil, tar, coal dust, dredged or fill material, or
silt, other substances that are not sewage, sludge, sludge materials,
or industrial waste, and any other "pollutants" or "toxic
pollutants" as defined in the Federal Water Pollution Control
Act that are not sewage, sludge, sludge materials, or industrial
waste.

(E)
"Sewerage system" means pipelines or conduits, pumping
stations, and force mains, and all other constructions, devices,
appurtenances, and facilities used for collecting or conducting
water-borne sewage, industrial waste, or other wastes to a point of
disposal or treatment, but does not include plumbing fixtures,
building drains and subdrains, building sewers, and building storm
sewers.

(F)
"Treatment works" means any plant, disposal field, lagoon,
dam, pumping station, building sewer connected directly to treatment
works, incinerator, or other works used for the purpose of treating,
stabilizing, blending, composting, or holding sewage, sludge, sludge
materials, industrial waste, or other wastes, except as otherwise
defined.

(G)
"Disposal system" means a system for disposing of sewage,
sludge, sludge materials, industrial waste, or other wastes and
includes sewerage systems and treatment works.

(H)
"Waters of the state" means all streams, lakes, ponds,
marshes, watercourses, waterways, wells, springs, irrigation systems,
drainage systems, and other bodies or accumulations of water, surface
and underground, natural or artificial, regardless of the depth of
the strata in which underground water is located, that are situated
wholly or partly within, or border upon, this state, or are within
its jurisdiction, except those private waters that do not combine or
effect a junction with natural surface or underground waters. "Waters
of the state" does not include an ephemeral feature for which
the United States army corps of engineers lacks the authority to
issue a permit under 33 U.S.C. 1344.

(I)
"Person" means the state, any municipal corporation, any
other political subdivision of the state, any person as defined in
section 1.59 of the Revised Code, any interstate body created by
compact, or the federal government or any department, agency, or
instrumentality thereof.

(J)
"Industrial water pollution control facility" means any
disposal system or any treatment works, pretreatment works,
appliance, equipment, machinery, pipeline or conduit, pumping
station, force main, or installation constructed, used, or placed in
operation primarily for the purpose of collecting or conducting
industrial waste to a point of disposal or treatment; reducing,
controlling, or eliminating water pollution caused by industrial
waste; or reducing, controlling, or eliminating the discharge into a
disposal system of industrial waste or what would be industrial waste
if discharged into the waters of the state.

(K)
"Schedule of compliance" means a schedule of remedial
measures including an enforceable sequence of actions or operations
leading to compliance with standards and rules adopted under sections
6111.041 and 6111.042 of the Revised Code or compliance with terms
and conditions of permits set under division (J) of section 6111.03
of the Revised Code.

(L)
"Federal Water Pollution Control Act" means the "Federal
Water Pollution Control Act Amendments of 1972," 86 Stat. 886,
33 U.S.C.A. 1251, as amended by the "Clean Water Act of 1977,"
91 Stat. 1566, 33 U.S.C.A. 1251, and all other amendments to that
act.

(M)
"Historically channelized watercourse" means the portion of
a watercourse on which an improvement, as defined in divisions (C)(2)
to (4) of section 6131.01 of the Revised Code, was constructed
pursuant to Chapter 940., 6131., or 6133. of the Revised Code or a
similar state law that preceded any of those chapters and authorized
such an improvement.

(N)
"Sludge" means sewage sludge and a solid, semi-solid, or
liquid residue that is generated from an industrial wastewater
treatment process and that is applied to land for agronomic benefit.
"Sludge" does not include ash generated during the firing
of sludge in a sludge incinerator, grit and screening generated
during preliminary treatment of sewage in a treatment works, animal
manure, residue generated during treatment of animal manure, or
domestic septage.

(O)
"Sludge materials" means solid, semi-solid, or liquid
materials derived from sludge and includes products from a treatment
works that result from the treatment, blending, or composting of
sludge.

(P)
"Storage of sludge" means the placement of sludge on land
on which the sludge remains for not longer than two years, but does
not include the placement of sludge on land for treatment.

(Q)
"Sludge disposal program" means any program used by an
entity that begins with the generation of sludge and includes
treatment or disposal of the sludge, as "treatment" and
"disposal" are defined in division
(Y)
(X)

of section 3745.11 of the Revised Code.

(R)
"Agronomic benefit" means any process that promotes or
enhances plant growth and includes, but is not limited to, a process
that increases soil fertility and moisture retention.

(S)
"Sludge management" means the use, storage, treatment, or
disposal of, and management practices related to, sludge and sludge
materials.

(T)
"Sludge management permit" means a permit for sludge
management that is issued under division (J) of section 6111.03 of
the Revised Code.

(U)
"Sewage sludge" has the same meaning as in division
(Y)
(X)

of section 3745.11 of the Revised Code.

(V)
"Ephemeral feature" means surface water flowing or pooling
only in direct response to precipitation, such as rain or snow.
"Ephemeral feature" does not include a wetland, as defined
in section 6111.02 of the Revised Code.

Sec.
6111.04.
(A)
Both of the following apply except as otherwise provided in division
(A) or (F) of this section:

(1)
No person shall cause pollution or place or cause to be placed any
sewage, sludge, sludge materials, industrial waste, or other wastes
in a location where they cause pollution of any waters of the state.

(2)
Such an action prohibited under division (A)(1) of this section is
hereby declared to be a public nuisance.

Divisions
(A)(1) and (2) of this section do not apply if the person causing
pollution or placing or causing to be placed wastes in a location in
which they cause pollution of any waters of the state holds a valid,
unexpired permit, or renewal of a permit, governing the causing or
placement as provided in sections 6111.01 to 6111.08 of the Revised
Code or if the person's application for renewal of such a permit is
pending.

(B)
If the director of environmental protection administers a sludge
management program pursuant to division (R) of section 6111.03 of the
Revised Code, both of the following apply except as otherwise
provided in division (B) or (F) of this section:

(1)
No person, in the course of sludge management, shall place on land
located in the state or release into the air of the state any sludge
or sludge materials.

(2)
An action prohibited under division (B)(1) of this section is hereby
declared to be a public nuisance.

Divisions
(B)(1) and (2) of this section do not apply if the person placing or
releasing the sludge or sludge materials holds a valid, unexpired
permit, or renewal of a permit, governing the placement or release as
provided in sections 6111.01 to 6111.08 of the Revised Code or if the
person's application for renewal of such a permit is pending.

(C)
No person to whom a permit has been issued shall place or discharge,
or cause to be placed or discharged, in any waters of the state any
sewage, sludge, sludge materials, industrial waste, or other wastes
in excess of the permissive discharges specified under an existing
permit without first receiving a permit from the director to do so.

(D)
No person to whom a sludge management permit has been issued shall
place on the land or release into the air of the state any sludge or
sludge materials in excess of the permissive amounts specified under
the existing sludge management permit without first receiving a
modification of the existing sludge management permit or a new sludge
management permit to do so from the director.

(E)
The director may require the submission of plans, specifications, and
other information that the director considers relevant in connection
with the issuance of permits.

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

(1)
Waters used in washing sand, gravel, other aggregates, or mineral
products when the washing and the ultimate disposal of the water used
in the washing, including any sewage, industrial waste, or other
wastes contained in the waters, are entirely confined to the land
under the control of the person engaged in the recovery and
processing of the sand, gravel, other aggregates, or mineral products
and do not result in the pollution of waters of the state;

(2)
Water, gas, or other material injected into a well to facilitate, or
that is incidental to, the production of oil, gas, artificial brine,
or water derived in association with oil or gas production and
disposed of in a well, in compliance with a permit issued under
Chapter 1509. of the Revised Code, or sewage, industrial waste, or
other wastes injected into a well in compliance with an injection
well operating permit. Division (F)(2) of this section does not
authorize, without a permit, any discharge that is prohibited by, or
for which a permit is required by, regulation of the United States
environmental protection agency.

(3)
Application of any materials to land for agricultural purposes or
runoff of the materials from that application or pollution by
residual farm products, manure, or soil sediment, including attached
substances, resulting from farming, silvicultural, or earthmoving
activities regulated by Chapter 307. or 939. of the Revised Code.
Division (F)(3) of this section does not authorize, without a permit,
any discharge that is prohibited by, or for which a permit is
required by, the Federal Water Pollution Control Act or regulations
adopted under it. As used in division (F)(3) of this section,
"residual farm products" and "manure" have the
same meanings as in section 939.01 of the Revised Code.

(4)
The excrement of domestic and farm animals defecated on land or
runoff therefrom into any waters of the state. Division (F)(4) of
this section does not authorize, without a permit, any discharge that
is prohibited by, or for which a permit is required by, the Federal
Water Pollution Control Act or regulations adopted under it.

(5)
On and after the date on which the United States environmental
protection agency approves the NPDES program submitted by the
director of agriculture under section 903.08 of the Revised Code, any
discharge that is within the scope of the approved NPDES program
submitted by the director of agriculture;

(6)
The discharge of sewage, industrial waste, or other wastes into a
sewerage system tributary to a treatment works. Division (F)(6) of
this section does not authorize any discharge into a publicly owned
treatment works in violation of a pretreatment program applicable to
the publicly owned treatment works or any discharge to a privately
owned treatment works in violation of any permit conditions
established in accordance with 40 C.F.R. 122.44(m).

(7)
A household sewage treatment system or a small flow on-site sewage
treatment system, as applicable, as defined in section 3718.01 of the
Revised Code that is installed in compliance with Chapter 3718. of
the Revised Code and rules adopted under it. Division (F)(7) of this
section does not authorize, without a permit, any discharge that is
prohibited by, or for which a permit is required by, regulation of
the United States environmental protection agency.

(8)
Exceptional quality sludge generated outside of this state and
contained in bags or other containers not greater than one hundred
pounds in capacity. As used in division (F)(8) of this section,
"exceptional quality sludge" has the same meaning as in
division
(Y)
(X)

of section 3745.11 of the Revised Code.

(G)
The holder of a permit issued under section 402 (a) of the Federal
Water Pollution Control Act need not obtain a permit for a discharge
authorized by the permit until its expiration date. Except as
otherwise provided in this division, the director of environmental
protection shall administer and enforce those permits within this
state and may modify their terms and conditions in accordance with
division (J) of section 6111.03 of the Revised Code. On and after the
date on which the United States environmental protection agency
approves the NPDES program submitted by the director of agriculture
under section 903.08 of the Revised Code, the director of agriculture
shall administer and enforce those permits within this state that are
issued for any discharge that is within the scope of the approved
NPDES program submitted by the director of agriculture.

Section
101.02.
That
existing sections
3.15,

9.03,
9.07, 9.239, 9.24
,
9.27
,
9.28, 9.312, 9.331, 9.334, 9.35
,
9.67
,
9.681, 9.821
,
101.30
,
101.352, 101.53, 101.63, 101.65, 101.82, 101.83, 101.84, 102.02,
103.05, 103.051,
103.13
,

103.412
,

103.414
,

103.65
,

103.73,
106.02
,
106.021
,
106.023, 106.024, 106.031
,
107.03, 107.032, 107.033, 107.12, 109.02, 109.71, 109.73, 109.77,
109.803, 111.15, 111.27, 113.05, 113.13, 113.40, 113.51, 113.53,
113.78, 117.11, 117.38, 117.44
,
117.56, 119.03
,
119.04, 120.06, 120.08, 121.02, 121.03, 121.085, 121.22, 121.35,
121.36, 121.37, 121.93, 121.931, 121.95, 121.951, 121.953, 122.09,
122.14, 122.175, 122.1710, 122.41, 122.42, 122.47, 122.49, 122.53,
122.571, 122.59, 122.631, 122.632, 122.633, 122.6510, 122.6511,
122.6512, 122.66, 122.67, 122.68, 122.681, 122.69, 122.70, 122.701
,
122.702
,
122.84, 122.85, 122.86, 123.10, 123.28, 123.281, 124.02, 124.07,
124.135, 124.1310, 124.1312, 124.152
,
124.385
,
125.01, 125.041, 125.071, 125.11, 125.111
,
125.13
,
125.183, 125.31, 125.42, 125.58,
125.95
,
126.24, 126.42, 126.60, 126.62, 127.12, 127.13, 127.16, 128.021,
128.41, 128.46, 128.54, 131.01, 131.02, 131.35, 131.43
,
131.50
,
131.51, 133.18
,
135.01
,
135.03, 135.143, 135.18, 135.35, 135.70, 135.71, 141.04, 145.012,
145.054, 145.055, 145.09, 145.091, 145.99, 148.01, 148.02, 148.04,
148.041, 148.042, 148.05, 148.10, 149.011, 149.10, 149.30
,
149.3010
,
149.311, 149.38, 149.43, 153.01, 153.07, 153.08, 153.09, 153.12,
153.13, 153.14, 153.501, 153.502, 153.54, 153.59, 153.63, 153.693,
155.33, 155.34, 163.01, 164.01, 164.05, 164.06, 164.08, 164.14,
165.04, 166.01, 166.02, 166.03, 166.08, 166.12, 166.17, 169.01,
169.05, 169.08, 169.13, 173.38, 173.381, 173.391
,
173.50
,
173.525, 175.16, 175.17, 303.12, 305.021, 305.03, 306.32, 306.322,
306.43, 307.05, 307.673, 307.696, 307.697, 307.86, 307.985, 308.13,
311.14, 317.20, 319.04, 319.202, 319.301, 319.302, 321.03, 323.131,
323.152
,
323.153, 323.155, 323.156, 323.158
,
323.611, 325.18, 325.25, 340.01, 340.011, 340.02, 340.021, 340.022,
340.03, 340.032, 340.034, 340.036, 340.037, 340.04, 340.041, 340.05,
340.07, 340.08, 340.09, 340.12, 340.13, 340.16, 345.01, 345.03,
345.04, 349.01
,
355.04
,
501.09, 501.11, 504.14, 505.24, 505.37, 505.48, 505.481, 507.09,
507.12, 511.28, 511.34, 513.18, 519.12, 523.06, 703.331, 703.34,
717.051, 718.01, 718.031, 718.05, 718.12, 718.13, 718.19, 718.85,
718.88, 718.90, 718.91, 731.14, 731.141, 731.29, 733.81, 735.05,
742.043, 742.044, 742.99, 749.31, 755.181, 901.43, 904.02, 904.04,
905.32, 905.57, 907.13, 907.14
,
909.01, 909.02, 909.07, 909.08, 909.09, 909.13
,
911.02, 913.23, 915.16, 915.24
,
921.01, 921.02, 921.06, 921.09, 921.11, 921.12, 921.13, 921.14,
921.16, 921.23, 921.24
,
923.42, 923.44, 923.51, 924.01, 924.30, 924.51, 927.53, 928.02,
928.03, 928.04, 935.06, 935.07, 935.09, 935.10, 935.16, 935.17,
935.20, 935.24, 943.04, 943.16, 943.26, 943.99, 956.07, 956.10,
956.13, 956.16, 956.18, 956.21, 956.22, 956.23
,
1311.04
,
1311.252, 1317.05, 1317.06, 1321.21, 1347.08, 1509.02, 1509.07,
1509.071, 1509.13, 1509.36, 1509.38, 1517.11, 1531.01, 1533.10,
1533.11, 1533.111, 1533.13, 1533.131, 1533.32, 1545.041, 1545.21,
1546.04, 1547.54, 1548.06
,
1561.13, 1561.16, 1561.23, 1561.46, 1561.48
,
1701.04, 1701.07, 1703.041, 1707.01, 1707.14, 1707.47, 1711.30,
1713.03, 1901.123, 1901.26, 1907.143, 1907.24, 2101.11, 2101.16,
2108.34, 2151.27, 2151.311, 2151.316
,
2151.356
,
2151.3527, 2151.416, 2151.4115, 2151.421, 2151.423, 2151.424,
2151.45, 2151.451, 2151.452, 2151.453, 2152.26, 2303.12, 2303.201,
2303.26
,
2307.66
,
2329.66, 2501.16, 2743.03, 2907.15, 2913.401, 2915.01
,
2917.211
,
2919.171, 2919.19, 2921.13
,
2921.36
,
2921.41, 2925.14, 2933.32
,
2949.12
,
2951.041
,
2953.32, 2967.14, 2967.18, 2967.26, 2967.271
,
2967.28, 2969.13
,
2981.02
,
3101.08, 3105.171, 3105.63, 3107.01, 3107.012, 3107.031, 3107.033,
3107.034, 3107.062, 3107.063, 3107.064, 3107.065, 3107.38, 3107.391,
3109.14, 3109.171, 3109.172, 3109.173, 3109.178, 3115.201, 3119.01,
3121.441, 3123.89, 3123.90
,
3301.01, 3301.02, 3301.03, 3301.06
,
3301.071, 3301.074, 3301.079, 3301.0711, 3301.0712, 3301.0714,
3301.0715, 3301.0723, 3301.0727, 3301.136, 3301.17, 3301.541,
3301.57, 3302.03, 3302.034, 3302.20, 3302.42, 3305.05, 3305.053
,
3307.044, 3307.05, 3307.06, 3307.07
,
3307.073, 3307.074
,
3307.10, 3307.11
,
3307.27, 3307.99, 3309.073, 3309.074, 3309.47, 3309.99, 3310.033,
3310.41, 3310.51, 3310.52, 3310.58, 3310.64, 3311.053, 3311.50,
3313.27, 3313.413, 3313.46, 3313.489, 3313.5313,
3313.603
,
3313.608, 3313.609, 3313.6013, 3313.6022, 3313.6028, 3313.618,
3313.6113, 3313.6114, 3313.64, 3313.753, 3313.90
,
3313.975
,
3313.98, 3314.011, 3314.013, 3314.015, 3314.016, 3314.017, 3314.02,
3314.021, 3314.03, 3314.034, 3314.038, 3314.05, 3314.07, 3314.08,
3314.19, 3314.191, 3314.261, 3314.29, 3314.35, 3314.351, 3314.36,
3314.361, 3314.381, 3314.382, 3315.18, 3315.181, 3316.031, 3316.041,
3316.043, 3316.06, 3316.08, 3316.16, 3317.01, 3317.011, 3317.012,
3317.014, 3317.016, 3317.017, 3317.018, 3317.019, 3317.0110, 3317.02,
3317.021, 3317.022, 3317.024, 3317.026, 3317.0212, 3317.0213,
3317.0215, 3317.0217
,
3317.03
,
3317.035, 3317.051, 3317.06, 3317.11, 3317.16, 3317.161, 3317.162,
3317.163, 3317.20, 3317.201, 3317.22, 3317.25, 3318.01
,
3318.032
,
3318.051, 3318.06, 3318.061, 3318.062, 3318.063, 3318.12, 3318.361,
3318.40, 3318.45, 3318.48, 3319.073, 3319.088, 3319.111, 3319.223,
3319.236, 3319.263, 3319.29, 3319.301, 3319.311, 3319.51, 3320.04,
3321.16, 3321.19, 3321.22, 3323.32, 3325.08, 3325.16, 3325.17,
3326.11, 3326.44, 3326.51
,
3327.017
,
3327.08, 3327.10, 3328.16, 3328.24, 3332.081, 3333.04,
3333.041
,
3333.129, 3333.13, 3333.131, 3333.132, 3333.133, 3333.134, 3333.135,
3333.164, 3333.24, 3333.374, 3334.11, 3335.39, 3339.06, 3344.07,
3345.06, 3345.382, 3345.48, 3345.591, 3345.71, 3345.74, 3345.75,
3352.16, 3354.19, 3358.08, 3358.11, 3364.07, 3365.15, 3375.15,
3375.22, 3375.30, 3375.39, 3375.92, 3379.03, 3379.12, 3381.03,
3381.11, 3381.17, 3501.01
,
3501.02
,
3501.05, 3501.12, 3501.17, 3501.28, 3505.03, 3505.04, 3505.06
,
3505.33, 3505.38
,
3513.04, 3513.05, 3513.052, 3513.10, 3513.19, 3517.01, 3517.08,
3517.081
,
3517.092
,
3517.10, 3517.102,
3517.103
,

3517.104
,

3517.108
,
3517.109, 3517.1012, 3517.11, 3517.121, 3517.13, 3517.152, 3517.153,
3517.154, 3517.155, 3517.157, 3517.20, 3517.21, 3517.22, 3517.23,
3517.992, 3517.993, 3701.021, 3701.033, 3701.045, 3701.511, 3701.65,
3701.79, 3701.841
,
3704.01, 3704.03, 3704.031, 3704.09, 3704.111
,
3704.14, 3705.126, 3705.16, 3705.17, 3706.01, 3709.15
,
3715.021
,
3717.071, 3718.02, 3718.04, 3719.04, 3721.32, 3728.01, 3734.021,
3734.05, 3734.57, 3734.79, 3734.901
,
3734.904
,
3734.907, 3735.67, 3735.671, 3737.83, 3738.01, 3738.02, 3738.03,
3738.04, 3738.05, 3738.06, 3738.07, 3738.08, 3738.09, 3742.32
,
3742.50
,
3743.04, 3743.06, 3743.17, 3743.19, 3743.25, 3743.60, 3743.61,
3743.63, 3743.65, 3745.11, 3745.21, 3748.13, 3750.02, 3769.088,
3770.071, 3770.072, 3770.073, 3770.10, 3770.12, 3770.121, 3770.13,
3770.25, 3772.02, 3775.16, 3780.02, 3780.03, 3780.06, 3780.10,
3780.24, 3780.26, 3780.30, 3781.10, 3781.102, 3781.1011,
3901.90
,
3902.70, 3905.426, 3905.72, 3923.443, 3951.03, 3959.01, 3959.111,

4112.055
,
4117.08, 4117.10, 4141.01, 4141.02, 4141.162, 4141.23, 4141.281,
4141.29, 4141.33, 4141.56, 4141.60, 4301.12, 4301.19, 4301.30,
4301.421, 4303.181, 4303.183, 4303.204, 4303.2011, 4303.233,
4305.131, 4501.027, 4501.21, 4501.29, 4501.30, 4501.302, 4503.038,
4503.06,
4503.0610,
4503.0611
,
4503.10, 4503.102, 4503.29, 4503.41, 4503.579, 4503.91, 4505.07,
4505.09, 4506.01, 4506.05, 4506.07, 4506.13, 4506.131, 4506.14,
4507.061, 4507.08, 4507.09
,
4507.21
,
4507.40, 4507.53
,
4508.02
,
4509.06, 4509.07, 4509.101, 4509.70, 4511.01, 4511.75, 4511.76,
4511.77, 4511.771, 4511.78, 4517.01, 4517.52, 4517.60, 4519.59,
4582.024, 4582.26, 4701.01, 4701.04, 4701.16, 4707.024, 4723.28,
4723.483, 4723.4811, 4725.48, 4729.01, 4729.49, 4729.52, 4729.53,
4729.54, 4729.541, 4729.56, 4729.561, 4729.60, 4729.80, 4729.901,
4729.902, 4729.921, 4730.25, 4730.433, 4730.437, 4730.99, 4731.22,
4731.2210, 4731.92, 4731.96, 4731.99, 4735.01, 4735.06, 4735.09,
4735.55, 4735.56, 4735.80, 4740.06, 4741.04, 4743.05, 4743.10,
4749.01, 4751.20, 4751.24, 4751.25, 4758.01, 4758.02, 4758.03,
4758.10, 4758.13, 4758.20, 4758.22, 4758.221, 4758.23, 4758.24,
4758.27, 4758.30, 4758.31, 4758.35, 4758.36, 4758.39, 4758.40,
4758.41, 4758.42, 4758.43, 4758.44, 4758.45, 4758.52, 4758.54,
4758.55, 4758.56, 4758.57, 4758.59, 4758.99, 4759.07, 4759.99,
4760.13, 4760.99, 4761.09, 4761.99, 4762.13, 4762.99
,
4765.11, 4765.55
,
4767.10, 4772.20, 4772.21, 4772.23, 4772.99, 4774.13, 4774.99,
4778.14, 4778.99, 4785.041, 4903.10, 4905.311, 4906.07, 4911.18,
4921.01, 4923.01, 4927.01
,
4928.05
,
4928.06, 4928.102, 4928.34, 4928.43, 4928.51
,
4928.52, 4928.53, 4928.54, 4928.542, 4928.543, 4928.544
,
4928.55, 4928.56, 4928.58, 4928.61, 4928.62, 4928.63, 4928.66,
4928.75, 4928.86, 4981.02, 5101.101, 5101.13, 5101.131, 5101.132,
5101.133, 5101.134, 5101.135, 5101.136, 5101.137, 5101.14, 5101.141,
5101.142, 5101.144, 5101.145, 5101.146, 5101.147, 5101.148, 5101.149,
5101.1410, 5101.1411, 5101.1412, 5101.1413, 5101.1414, 5101.1415,
5101.1416, 5101.1417, 5101.1418, 5101.15, 5101.19, 5101.191,
5101.192, 5101.193, 5101.194, 5101.211, 5101.212, 5101.215, 5101.222,
5101.242, 5101.26, 5101.272, 5101.273, 5101.28, 5101.30, 5101.33,
5101.34, 5101.341, 5101.342, 5101.343, 5101.35, 5101.351, 5101.38,
5101.461, 5101.542, 5101.76, 5101.77, 5101.78, 5101.80, 5101.801,
5101.802, 5101.804, 5101.805, 5101.85, 5101.851, 5101.853, 5101.854,
5101.855, 5101.856, 5101.88, 5101.881, 5101.884, 5101.885, 5101.886,
5101.887, 5101.889, 5101.8811, 5101.8812, 5101.89, 5101.891,
5101.892, 5101.893, 5101.894, 5101.895, 5101.897, 5101.899, 5101.98,
5101.99, 5103.02, 5103.021, 5103.0329, 5103.15, 5103.155, 5103.18,
5103.30, 5103.32, 5103.41, 5104.01, 5104.12, 5104.29, 5104.30,
5104.32, 5104.34, 5104.36, 5104.37, 5104.38, 5104.41, 5104.50,
5104.99, 5117.07, 5117.12, 5119.01, 5119.011, 5119.04, 5119.05,
5119.051, 5119.06, 5119.07, 5119.08, 5119.091, 5119.10, 5119.11,
5119.14, 5119.141, 5119.15, 5119.161, 5119.17, 5119.18, 5119.181,
5119.182, 5119.184, 5119.185, 5119.186, 5119.187, 5119.188, 5119.19,
5119.20, 5119.201, 5119.21, 5119.22, 5119.221, 5119.23, 5119.24,
5119.25, 5119.27, 5119.28, 5119.29, 5119.30, 5119.31, 5119.311,
5119.32, 5119.33, 5119.331, 5119.332, 5119.333, 5119.334, 5119.34,
5119.342, 5119.343, 5119.35, 5119.36, 5119.362, 5119.363, 5119.364,
5119.365, 5119.366, 5119.367, 5119.368, 5119.37, 5119.371, 5119.38,
5119.39, 5119.391, 5119.392, 5119.393, 5119.394, 5119.395, 5119.397,
5119.40, 5119.41, 5119.42, 5119.421, 5119.43, 5119.431, 5119.44,
5119.45, 5119.46, 5119.47, 5119.48, 5119.49, 5119.50, 5119.51,
5119.52, 5119.54, 5119.55, 5119.56, 5119.60, 5119.61, 5119.71,
5119.82, 5119.85, 5119.89, 5119.90, 5119.99
,
5120.034, 5120.035
,
5120.16
,
5120.173, 5120.21
,
5120.51, 5121.30, 5121.32, 5121.33, 5121.34, 5121.41, 5121.43,
5122.01, 5122.03, 5122.10, 5122.15, 5122.20, 5122.21, 5122.23,
5122.26, 5122.27, 5122.31, 5122.32, 5122.33, 5122.341, 5122.36,
5122.44, 5122.45, 5122.46, 5122.47, 5123.081, 5123.16, 5123.168,
5123.169, 5123.191, 5123.41, 5123.42, 5123.47, 5124.15, 5139.05,
5139.08
,
5139.12, 5139.14
,
5139.34
,
5145.162
,
5153.10, 5153.122, 5153.16, 5153.163, 5160.37
,
5162.13
,
5162.132, 5162.133
,
5162.134, 5162.136, 5162.1310, 5162.70, 5162.82
,
5163.03, 5163.091, 5163.093, 5163.094, 5163.098, 5163.30
,
5163.33
,
5165.19, 5165.192, 5165.26, 5166.03, 5167.01, 5167.03, 5167.123
,
5167.24
,
5168.08, 5168.11, 5168.22, 5168.25
,
5168.90
,
5180.14
,
5180.17, 5180.20
,
5180.21, 5180.22, 5180.40, 5310.06, 5310.47, 5323.02, 5501.91,
5502.262, 5502.29
,
5502.30
,
5502.41
,
5503.02
,
5505.045, 5505.046, 5505.99, 5525.03, 5537.01, 5537.02, 5537.03,
5537.27, 5540.02, 5595.02, 5701.11, 5703.052
,
5703.19
,
5703.21, 5703.37, 5703.70, 5705.01, 5705.03, 5705.12, 5705.121,
5705.13, 5705.131, 5705.132, 5705.14, 5705.194, 5705.199, 5705.21,
5705.212, 5705.213, 5705.215, 5705.217, 5705.218, 5705.219,
5705.2111, 5705.2114, 5705.221, 5705.222, 5705.233, 5705.25,
5705.251, 5705.261, 5705.27, 5705.28, 5705.29, 5705.30, 5705.31,
5705.314, 5705.32, 5705.321, 5705.35, 5705.36
,
5705.37
,
5705.38, 5705.391, 5705.40, 5705.412, 5705.55
,
5709.081
,
5709.212, 5709.92, 5709.93, 5715.19, 5717.01, 5725.01, 5725.23,
5725.35, 5725.38, 5726.03, 5726.20, 5726.61, 5726.98, 5727.111,
5727.26, 5727.38, 5727.42, 5727.47, 5727.48, 5727.89, 5728.10,
5729.10, 5729.18, 5729.21, 5735.12, 5736.09, 5739.01, 5739.011,
5739.02, 5739.03, 5739.07, 5739.09, 5739.092, 5739.101, 5739.12,
5739.13, 5739.132, 5739.31, 5743.021, 5743.024, 5743.081, 5743.323,
5743.52, 5743.54, 5743.55, 5743.56, 5743.57, 5743.59, 5743.60,
5743.62, 5743.63, 5743.64, 5745.03, 5745.04, 5745.09, 5745.12,
5747.01, 5747.02, 5747.021, 5747.025, 5747.05, 5747.062, 5747.063,
5747.064, 5747.07, 5747.071, 5747.08, 5747.09, 5747.10, 5747.13,
5747.38, 5747.39, 5747.40, 5747.43, 5747.502, 5747.51
,
5747.72, 5747.85
,
5747.86, 5747.98, 5748.01, 5748.02, 5748.021, 5748.03, 5748.04,
5748.08, 5748.081, 5748.09, 5749.02, 5749.07, 5751.02, 5751.09,
5751.53, 5751.98, 5753.031, 5753.07, 5907.11, 5907.17, 5923.30,
6101.53, 6101.54, 6101.55, 6111.01, and 6111.04 of the Revised Code
are hereby repealed.

Section
105.01.
That
sections 9.47, 101.38, 103.053, 103.054, 103.24
,
103.41, 103.411, 103.413, 103.415, 103.71
,
103.72,
103.74
,

103.75,
103.76, 103.77, 103.78, 103.79
,
113.06, 117.113, 117.251, 117.441, 117.51, 122.451, 122.55, 122.56,
122.561, 122.57, 122.852, 125.181, 125.36, 125.38, 125.43, 125.49,
125.51, 125.56, 125.65, 125.76, 125.95, 128.412, 135.144, 501.03,
904.06, 905.56, 935.25, 956.181
,
1561.18, 1561.21, 1561.22
,
2919.1910, 3313.905, 3314.50, 3317.0218, 3317.071, 3321.191,
3333.0415, 3333.303, 3333.373, 3333.801
,
3354.24
,
3379.10, 3513.254, 3513.255, 3513.256, 3513.259, 3517.14, 3517.151,
3517.156, 3517.99, 3517.991, 3701.0212, 3701.051, 3780.18, 3780.19,
3780.22, 3780.23, 4115.31, 4115.32, 4115.33, 4115.34, 4115.35,
4115.36, 4729.551, 4758.18, 4758.241, 4758.50, 4928.57, 4928.581,
4928.582, 4928.583, 5104.08, 5123.352, 5160.23, 5163.05, 5165.261,
5166.45, 5180.23, 5180.24, 5180.34, 5310.05, 5310.06, 5310.07,
5310.08, 5310.09, 5310.10, 5310.11, 5310.12, 5310.13, 5310.14,
5537.24, 5705.195, 5705.196, 5705.197, 5726.59, 5747.67, 5751.55,
5902.06, and 5902.20 of the Revised Code are hereby repealed.

Section
105.05.
That
sections 103.60, 107.034, 113.78, 3313.902, 3314.38, 3317.036,
3317.23, 3317.231, 3317.24, 3345.86, 5705.192, 5739.071, 5747.29
,
and 5747.75

of
the Revised Code are hereby repealed
,
as of the dates specified below in the sections prefixed with number
105
.

Section
105.20.
That
section 107.034 of the Revised Code is hereby repealed, effective
July 1, 2026.

Section
105.30.
That
section 113.78 of the Revised Code is hereby repealed, effective July
1, 2026.

Section
105.40.
That
section 103.60 of the Revised Code is hereby repealed, effective
December 31, 2025.

Section
105.50.
That
section 5739.071 of the Revised Code is hereby repealed, effective
January 1, 2026.

Section
105.60.
That
section 5747.29 of the Revised Code is hereby repealed, effective
January 1, 2026.

Section
105.70.
That
section 5705.192 of the Revised Code is hereby repealed, effective
January 1, 2026.

Section
105.80.
That
sections 3313.902, 3314.38, 3317.036, 3317.23, 3317.231, 3317.24, and
3345.86 are hereby repealed, effective July 1, 2026.

Section
105.90.
That
section 5747.75 of the Revised Code is hereby repealed, effective
January 1, 2026.

Section
107.10.
That
Section 733.61 of H.B. 166 of the 133rd General Assembly (as amended
by H.B. 33 of the 135th General Assembly) be amended to codify it as
section 3313.6033 of the Revised Code to read as follows:

Sec.

733.61

3313.6033
.

(A)
Notwithstanding section 3319.236 of the Revised Code,
for
the 2019-2020 school year through the 2024-2025 school year only,
a
school district, community school established under Chapter 3314. of
the Revised Code, or science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code may permit an individual who holds a valid educator license in
any of grades kindergarten through twelve to teach a computer science
course if,
prior
to teaching the course
in
the last five years
,
the individual
completes

has
completed
a
professional development program approved by the district
superintendent or school principal that provides content knowledge
specific to the course the individual will teach.
To
continue teaching computer science under this section, an individual
shall complete the professional development program every five years
in accordance with the educator licensure recertification process.

The
superintendent or principal shall approve any professional
development program endorsed by the organization that creates and
administers the national
Advanced
Placement
advanced
placement
examinations
as appropriate for the course the individual will teach.

(B)
Nothing in this section shall permit an individual described in
division (A) of this section to teach a computer science course in a
school district or school other than the school district or school
that employed the individual at the time the individual completed the
professional development program required by that division.

(C)

Beginning
July 1, 2025, a school district or public school shall permit an
individual to teach a computer science course only in accordance with
section 3319.236 of the Revised Code.

(D)

Notwithstanding
section 3301.012 of the Revised Code, as used in this section,
"computer science course" means any course that is reported
in the education management information system established under
section 3301.0714 of the Revised Code as a computer science course.

Section
107.11.
That
existing Section 733.61 of H.B. 166 of the 133rd General Assembly (as
amended by H.B. 33 of the 135th General Assembly) is hereby repealed.

Section
125.10.
The
amendment by this act of section 4785.041 of the Revised Code does
not supersede the repeal of that section on April 3, 2033, as
prescribed by Sections 4 and 5 of H.B. 107 of the 134th General
Assembly.

Section
201.10.
APPROPRIATIONS

Except
as otherwise provided in this act, all appropriation items in this
act are appropriated out of any moneys in the state treasury to the
credit of the designated fund that are not otherwise appropriated.
For all appropriations made in this act, the amounts in the first
column are for fiscal year 2026 and the amounts in the second column
are for fiscal year 2027.

Section
203.10.

1

2

3

4

5

A

ACC
ACCOUNTANCY BOARD OF OHIO

B

Dedicated
Purpose Fund Group

C

4J80

889601

CPA
Education Assistance

$260,000

$275,000

D

4K90

889609

Operating
Expenses

$1,359,075

$1,400,531

E

Dedicated
Purpose Fund Group Total

$1,619,075

$1,675,531

F

TOTAL
ALL BUDGET FUND GROUPS

$1,619,075

$1,675,531

Section
205.10.

1

2

3

4

5

A

ADJ
ADJUTANT GENERAL

B

General
Revenue Fund

C

GRF

745401

Ohio
Military Reserve

$56,162

$56,162

D

GRF

745404

Air
National Guard

$2,406,436

$2,689,830

E

GRF

745407

National
Guard Benefits

$174,000

$174,000

F

GRF

745409

Central
Administration

$3,585,342

$3,684,085

G

GRF

745499

Army
National Guard

$5,402,863

$6,082,457

H

GRF

745503

Ohio
Cyber Reserve

$1,151,000

$1,151,000

I

GRF

745504

Ohio
Cyber Range

$2,650,000

$2,650,000

J

GRF

745505

State
Active Duty

$70,000

$70,000

K

General
Revenue Fund Total

$15,495,803

$16,557,534

L

Dedicated
Purpose Fund Group

M

5340

745612

Property
Operations Management

$682,195

$682,292

N

5360

745620

Camp
Perry and Buckeye Inn Operations

$1,064,057

$1,074,431

O

5370

745604

Ohio
National Guard Facilities Maintenance

$60,131

$60,131

P

5U80

745613

Community
Match Armories

$349,965

$349,965

Q

Dedicated
Purpose Fund Group Total

$2,156,348

$2,166,819

R

Federal
Fund Group

S

3420

745616

Army
National Guard Service Agreement

$24,076,820

$24,316,615

T

3E80

745628

Air
National Guard Operations and Maintenance

$18,934,892

$19,380,313

U

3R80

745603

Counter
Drug Operations

$26,606

$26,606

V

Federal
Fund Group Total

$43,038,318

$43,723,534

W

TOTAL
ALL BUDGET FUND GROUPS

$60,690,469

$62,447,887

Section
205.20.
NATIONAL
GUARD BENEFITS

The
foregoing appropriation item 745407, National Guard Benefits, shall
be used for purposes of sections 5919.31 and 5919.33 of the Revised
Code, and for administrative costs of the associated programs.

If
necessary, in order to pay benefits in a timely manner pursuant to
sections 5919.31 and 5919.33 of the Revised Code, the Adjutant
General may request that the Director of Budget and Management
transfer appropriation from any appropriation item used by the
Adjutant General to appropriation item 745407, National Guard
Benefits. Such amounts are hereby appropriated. The Adjutant General
may subsequently seek Controlling Board approval to restore the
appropriation in the appropriation item from which such a transfer
was made.

For
active duty members of the Ohio National Guard who died after October
7, 2001, while performing active duty, the death benefit, pursuant to
section 5919.33 of the Revised Code, shall be paid to the beneficiary
or beneficiaries designated on the member's Service members' Group
Life Insurance Policy.

OHIO
CYBER RESERVE

The
foregoing appropriation item 745503, Ohio Cyber Reserve, shall be
used for purposes of providing support for the administration of the
Ohio Cyber Reserve, a civilian cyber reserve force that is part of
the Ohio organized militia, capable of being expanded and trained to
educate and protect all levels of state government, critical
infrastructure, and the citizens of this state from cyber attacks and
incidences under sections 5922.01, 5922.02, and 5922.08 of the
Revised Code, as well as for the purpose of paying expenses related
to cyber state active duty of members of the Ohio Cyber Reserve, in
accordance with a proclamation or order of the Governor. Expenses
include, but are not limited to, the cost of equipment, supplies, and
services, as determined by the Adjutant General.

OHIO
CYBER RANGE

The
foregoing appropriation item 745504, Ohio Cyber Range, shall be used
by the Adjutant General's Department to establish and maintain the
cyber range for purposes of providing cyber training and education to
K-12 students, higher education students, members of the Ohio
National Guard, federal employees, and state and local government
employees, and provide for emergency preparedness exercises and
trainings.

The
Adjutant General's Department, in conjunction and collaboration with
the Department of Administrative Services, the Department of Public
Safety, the Department of Higher Education, and the Department of
Education and Workforce shall establish and maintain a cyber range.
The Adjutant General's Department may work with federal agencies to
assist in accomplishing this objective. The state agencies identified
in this paragraph may procure any necessary goods and services
including, but not limited to, contracted services, hardware,
networking services, maintenance costs, and the training and
management costs of a cyber range. These state agencies shall
determine the amount of funds each agency will contribute from
available funds and appropriations enacted herein in order to
establish and maintain a cyber range.

STATE
ACTIVE DUTY

The
foregoing appropriation item 745505, State Active Duty, shall be used
for the purpose of paying expenses related to state active duty of
members of the Ohio organized militia, not including the civilian
cyber security reserve forces, in accordance with a proclamation or
order of the Governor. Expenses include, but are not limited to, cost
of equipment, supplies, and services, as determined by the Adjutant
General.

Section
207.10.

1

2

3

4

5

A

DAS
DEPARTMENT OF ADMINISTRATIVE SERVICES

B

General
Revenue Fund

C

GRF

100413

EDCS
Lease Rental Payments

$9,300,000

$9,300,000

D

GRF

100414

MARCS
Lease Rental Payments

$6,450,000

$6,450,000

E

GRF

100415

OAKS
Lease Rental Payments

$2,450,000

$2,450,000

F

GRF

100416

STARS
Lease Rental Payments

$1,100,000

$1,100,000

G

GRF

100447

Administrative
Buildings Lease Rental Bond Payments

$45,500,000

$60,500,000

H

GRF

100456

State
IT Services

$978,412

$1,512,297

I

GRF

100459

Ohio
Business Gateway

$14,325,421

$14,368,107

J

GRF

100469

Aronoff
Center Building Maintenance

$222,000

$222,000

K

GRF

130321

State
Agency Support Services

$28,000,000

$28,000,000

L

General
Revenue Fund Total

$108,325,833

$123,902,404

M

Dedicated
Purpose Fund Group

N

4K90

100673

Ohio
Professionals Licensing System

$7,175,727

$7,439,069

O

5AB1

100674

Next
Generation 9-1-1

$3,500,000

$0

P

5L70

100610

Professional
Development

$2,013,841

$2,014,854

Q

5NM0

100663

9-1-1
Program

$956,663

$980,078

R

5V60

100619

Employee
Educational Development

$1,234,461

$1,268,484

S

7093

100675

Next
Generation 9-1-1

$13,469,622

$14,804,264

T

Dedicated
Purpose Fund Group Total

$28,350,314

$26,506,749

U

Internal
Service Activity Fund Group

V

1120

100616

DAS
Administration

$14,683,912

$15,113,177

W

1170

100644

General
Services Division - Operating

$23,091,398

$22,574,348

X

1220

100637

Fleet
Management

$25,449,633

$22,866,905

Y

1250

100622

Human
Resources Division - Operating

$26,081,909

$26,319,177

Z

1250

100657

Benefits
Communication

$620,036

$628,275

AA

1300

100606

Risk
Management Reserve

$24,015,458

$24,051,115

AB

1320

100631

DAS
Building Management

$53,101,399

$54,715,341

AC

1330

100607

IT
Services Delivery

$194,935,390

$197,374,206

AD

2100

100612

State
Printing

$31,450,162

$32,512,922

AE

2290

100630

IT
Governance

$40,176,321

$40,741,507

AF

2290

100640

Consolidated
IT Purchases

$28,265,838

$28,265,838

AG

4270

100602

Investment
Recovery

$1,835,187

$1,891,267

AH

4N60

100617

Major
IT Purchases

$3,984,131

$3,984,131

AI

5C20

100605

MARCS
Administration

$35,336,608

$35,689,974

AJ

5EB0

100635

OAKS
Support Organization

$101,832,561

$104,303,226

AK

5EB0

100656

OAKS
Updates and Developments

$11,427,405

$11,403,567

AL

5KZ0

100659

Building
Improvement

$2,276,705

$2,777,458

AM

5LJ0

100661

IT
Development

$12,839,922

$12,839,922

AN

5PC0

100665

Enterprise
Applications

$14,160,852

$14,244,654

AO

5WU0

100672

Ohio
Benefits

$151,980,462

$0

AP

Internal
Service Activity Fund Group Total

$797,545,289

$652,297,010

AQ

Fiduciary
Fund Group

AR

5UH0

100670

Enterprise
Transactions

$1,590,000

$1,640,000

AS

Fiduciary
Fund Group Total

$1,590,000

$1,640,000

AT

TOTAL
ALL BUDGET FUND GROUPS

$935,811,436

$804,346,163

Section
207.20.
EDCS
LEASE RENTAL PAYMENTS

The
foregoing appropriation item 100413, EDCS Lease Rental Payments,
shall be used to make payments during the period from July 1, 2025,
through June 30, 2027, pursuant to leases and agreements entered into
under Chapter 125. of the Revised Code, as supplemented by Section
701.10 of H.B. 529 of the 132nd General Assembly, as amended by
Section 601.10 of H.B. 166 of the 133rd General Assembly, and other
prior acts of the General Assembly, with respect to financing the
costs associated with the acquisition, development, implementation,
and integration of the Enterprise Data Center Solutions (EDCS)
information technology initiative.

MULTI-AGENCY
RADIO COMMUNICATION SYSTEM LEASE RENTAL PAYMENTS

The
foregoing appropriation item 100414, MARCS Lease Rental Payments,
shall be used to make payments during the period from July 1, 2025,
through June 30, 2027, pursuant to leases and agreements entered into
under Chapter 125. of the Revised Code, as supplemented by Section
701.10 of Sub. H.B. 497 of the 130th General Assembly and other prior
acts of the General Assembly, with respect to financing the costs
associated with the acquisition, development, implementation, and
integration of the Multi-Agency Radio Communications System (MARCS)
upgrade.

OHIO
ADMINISTRATIVE KNOWLEDGE SYSTEM LEASE RENTAL PAYMENTS

The
foregoing appropriation item 100415, OAKS Lease Rental Payments,
shall be used to make payments during the period from July 1, 2025,
through June 30, 2027, pursuant to leases and agreements entered into
under Chapter 125. of the Revised Code, as supplemented by Section
701.10 of H.B. 529 of the 132nd General Assembly and other prior acts
of the General Assembly, with respect to financing the costs
associated with the acquisition, development, implementation, and
integration of the Ohio Administrative Knowledge System (OAKS).

STATE
TAXATION ACCOUNTING AND REVENUE SYSTEM LEASE RENTAL PAYMENTS

The
foregoing appropriation item 100416, STARS Lease Rental Payments,
shall be used to make payments during the period from July 1, 2025,
through June 30, 2027, pursuant to leases and agreements entered into
under Chapter 125. of the Revised Code, as supplemented by Section
701.30 of H.B. 529 of the 132nd General Assembly and other prior acts
of the General Assembly, with respect to financing the costs
associated with the acquisition, development, implementation, and
integration of the State Taxation Accounting and Revenue System
(STARS).

ADMINISTRATIVE
BUILDINGS LEASE RENTAL BOND PAYMENTS

The
foregoing appropriation item 100447, Administrative Buildings Lease
Rental Bond Payments, shall be used to meet all payments during the
period from July 1, 2025, through June 30, 2027, by the Department of
Administrative Services pursuant to leases and agreements under
Chapters 152. and 154. of the Revised Code. These appropriations are
the source of funds pledged for bond service charges on related
obligations issued under Chapters 152. and 154. of the Revised Code.

DAS
- BUILDING OPERATING PAYMENTS AND BUILDING MANAGEMENT FUND

The
foregoing appropriation item 130321, State Agency Support Services,
may be used to provide funding for the cost of property appraisals or
building studies that the Department of Administrative Services may
be required to obtain for property that is being sold by the state or
property under consideration to be renovated or purchased by the
state.

Notwithstanding
section 125.28 of the Revised Code, the foregoing appropriation item
130321, State Agency Support Services, also may be used to pay the
operating expenses of state facilities maintained by the Department
of Administrative Services that are not billed to building tenants,
other costs associated with the Voinovich Center in Youngstown, Ohio,
or costs of repairing vehicles donated pursuant to section 125.13 of
the Revised Code. These expenses may include, but are not limited to,
the costs for vacant space and space undergoing renovation, and the
rent expenses of tenants that are relocated because of building
renovations. These payments may be processed by the Department of
Administrative Services through intrastate transfer vouchers and
placed into the Building Management Fund (Fund 1320).

At
least once per year, the portion of appropriation item 130321, State
Agency Support Services, that is not used for the regular expenses of
the appropriation item may be processed by the Department of
Administrative Services through intrastate transfer voucher and
placed in the Building Improvement Fund (Fund 5KZ0).

Section
207.30.
PROFESSIONAL
DEVELOPMENT FUND

Of
the foregoing appropriation item 100610, Professional Development, up
to $1,400,000 in each fiscal year shall be used to make payments from
the Professional Development Fund (Fund 5L70) under section 124.182
of the Revised Code.

Of
the foregoing appropriation item 100610, Professional Development, up
to $1,200,000 during the FY 2026-FY 2027 biennium may be used by the
Director of Administrative Services for the creation, staffing, and
administration of the Ohio Digital Academy. The Ohio Digital Academy
shall exist to generate high-tech workforce capacity and serve the
state of Ohio in advanced technology and cybersecurity needs. The
goals of the Ohio Digital Academy shall be to educate, train, and
subsequently employ analysts in completing boot camps,
certifications, or degree programs in cybersecurity, coding, software
engineering, user experience designers, and related fields.

In
consultation with CyberOhio, the Department of Administrative
Services shall have full authority to select qualified candidates for
the Ohio Digital Academy. Candidates shall be subject to all
applicable background checks and if selected, shall be required to
commit to three years of service with the state of Ohio. Ohio Digital
Academy candidates may be placed in an unclassified, administrative
staff position pursuant to division (A)(30) of section 124.11 of the
Revised Code for which the Director of Administrative Services is
hereby given specific authority to set compensation, or with other
public or private employers identified by the Department with which a
partnership agreement has been established. Notwithstanding any
provision of law to the contrary, the Department may use the
foregoing appropriation to reimburse selected students' tuition
expenses for coursework, certification achieved, or other necessary
expenses, prior to acceptance in the program, which is directly
attributable to the targeted skills of the program if completed
within one year prior to the effective date of this section. Upon
hiring, candidates shall also be eligible for reimbursement of costs
for continuing education or certification at the discretion of the
Director to support the development of specialized skills in the
areas of information technology and cybersecurity. Each candidate
shall be responsible for any tax implications associated with the
tuition. The Department reserves the right to recover all or a
portion of funds provided to an Ohio Digital Academy participant who
fails to complete the agreed upon three years of service commitment
to the state.

On
July 1, 2025, or as soon as possible thereafter, the Department of
Administrative Services may select and enter into a subgrant
agreement with a regionally accredited Ohio institution of higher
education with demonstrated significant coursework and programming in
cybersecurity to serve as a Digital Analyst Training Academy
(D.A.T.A.) Center. The Center shall be responsible for paying for
costs associated with the work of the Ohio Digital Academy as
designated by the Department of Administrative Services. On behalf of
the Center, the selected institution shall do all the following:

(A)
Provide necessary educational coursework or training for the selected
students' successful completion of a certificate or degree program as
prescribed by the Department of Administrative Services at no cost to
the selected students;

(B)
Administer weekly professional development programs for students in
an academic setting;

(C)
Prepare analysts for summer mandatory recruit training as prescribed
by the Department of Administrative Services;

(D)
Coordinate and manage summer scenarios;

(E)
Submit a quarterly report to the Department of Administrative
Services that contains detailed information on the amount of grant
funds expended for the aforementioned purposes;

(F)
Submit an annual report to the Department of Administrative Services
of all achievements, including a status report of all expenditures,
number of students enrolled by program area, number of students
graduated or certifications achieved by program area, program
expansion opportunities, and projected costs to continue operating
the Center.

Additional
Centers may be added over the biennium subject to the approval of the
Director of Administrative Services.

9-1-1
PROGRAM

The
foregoing appropriation item 100663, 9-1-1 Program, shall be used by
the Department of Administrative Services to pay the administrative
and educational costs of the Statewide Emergency Services Internet
Protocol Network program.

EMPLOYEE
EDUCATIONAL DEVELOPMENT

The
foregoing appropriation item 100619, Employee Educational
Development, shall be used to make payments from the Employee
Educational Development Fund (Fund 5V60) under section 124.86 of the
Revised Code. The fund shall be used to pay the costs of
administering educational programs under existing collective
bargaining agreements with District 1199, the Health Care and Social
Service Union, Service Employees International Union; State Council
of Professional Educators; Ohio Education Association and National
Education Association; the Fraternal Order of Police State of Ohio,
Unit 2 Association; and the Ohio State Troopers Association, Units 1
and 15.

If
it is determined by the Director of Budget and Management that
additional amounts are necessary, the amounts are hereby
appropriated.

Section
207.40.
GENERAL
SERVICE CHARGES

The
Department of Administrative Services, with the approval of the
Director of Budget and Management, shall establish charges for
recovering the costs of administering the programs funded by the
General Services Fund (Fund 1170) and the State Printing Fund (Fund
2100).

COLLECTIVE
BARGAINING ARBITRATION EXPENSES

The
Department of Administrative Services may seek reimbursement from
state agencies for the actual costs and expenses the Department
incurs in the collective bargaining arbitration process. The
reimbursements shall be processed through intrastate transfer
vouchers and credited to the Human Resources Services Fund (Fund
1250).

RISK
MANAGEMENT RESERVE

The
foregoing appropriation item 100606, Risk Management Reserve, shall
be used to make payments from the Risk Management Reserve Fund (Fund
1300) pursuant to section 9.823 of the Revised Code.

CONSOLIDATED
IT PURCHASES

The
foregoing appropriation item 100640, Consolidated IT Purchases, shall
be used by the Department of Administrative Services acting as the
purchasing agent for one or more government entities under the
authority of division (G) of section 125.18 of the Revised Code to
make information technology purchases at a lower aggregate cost than
each individual government entity could have obtained independently
for that information technology purchase.

INVESTMENT
RECOVERY FUND

Notwithstanding
division (B) of section 125.14 of the Revised Code, cash balances in
the Investment Recovery Fund (Fund 4270) may be used to support the
operating expenses of the Federal Surplus Operating Program created
in sections 125.84 to 125.90 of the Revised Code.

MAJOR
IT PURCHASES CHARGES

Upon
the request of the Director of Administrative Services, the Director
of Budget and Management may transfer up to $2,000,000 cash in each
fiscal year of the amount collected for statewide indirect costs
attributable to debt service paid for the enterprise data center
solutions project from the General Revenue Fund to the Major
Information Technology Purchases Fund (Fund 4N60).

MARCS
ADMINISTRATION

Of
the foregoing appropriation item 100605, MARCS Administration,
$10,500,000 in each fiscal year shall be used to reduce MARCS
subscriber fees paid by villages, municipal corporations, townships,
counties, and regional public safety and first response agencies.

PROFESSIONS
LICENSING SYSTEM

The
foregoing appropriation item, 100673, Ohio Professionals Licensing
System, shall be used to purchase the equipment, products, and
services necessary to update and maintain an automated licensing
system for the professional licensing boards.

The
Department of Administrative Services shall establish charges for
recovering the costs of ongoing maintenance of the system that are
not otherwise recovered under section 125.18 of the Revised Code. The
charges shall be proportionate to each benefiting state agency,
board, or commission's use of the system. For agencies, boards, or
commissions whose operations are not funded by appropriations from
the Occupational Licensing and Regulatory Fund (Fund 4K90), the
Director of Administrative Services shall certify to the Director of
Budget and Management these entities' proportionate charges for use
of the state's enterprise electronic licensing system. The Director
of Budget and Management shall transfer cash equaling the certified
amounts from these entities' respective operating funds into the
Occupational Licensing and Regulatory Fund (Fund 4K90).

On
July 1, 2025, or as soon as possible thereafter, the State Board of
Education shall consult with the Department of Administrative
Services on the utilization of the Ohio Professional Licensing
System. As part of this consultation, the State Board of Education
shall consider opportunities to reduce the number of license and
certification types.

Section
207.45.
BUILDING
IMPROVEMENT FUND

The
foregoing appropriation item 100659, Building Improvement, shall be
used to make payments from the Building Improvement Fund (Fund 5KZ0)
for major maintenance or improvements required in facilities
maintained by the Department of Administrative Services. The
Department of Administrative Services shall conduct or contract for
regular assessments of these buildings and may maintain a cash
balance in Fund 5KZ0 equal to the cost of the repairs and
improvements that are recommended to occur within the next five
years, with the following exception described below.

Upon
request of the Director of Administrative Services, the Director of
Budget and Management may transfer cash from Fund 5KZ0 to the
Building Management Fund (Fund 1320) to pay costs of operating and
maintaining facilities managed by the Department of Administrative
Services that are not charged to tenants during the same fiscal year.

Should
the cash balance in Fund 1320 be determined to be sufficient, the
Director of Administrative Services may request that the Director of
Budget and Management transfer cash from Fund 1320 to Fund 5KZ0 in an
amount equal to the initial cash transfer made under this section.

INFORMATION
TECHNOLOGY DEVELOPMENT

The
foregoing appropriation item 100661, IT Development, shall be used by
the Department of Administrative Services to pay the costs of
modernizing the state's information technology management and
investment practices away from a limited, agency-specific focus in
favor of a statewide methodology supporting development of enterprise
solutions. This appropriation item may be used to pay the costs of
enterprise information technology initiatives affecting state
agencies or their customers.

Notwithstanding
any provision of law to the contrary, the Department of
Administrative Services, with the approval of the Director of Budget
and Management, may charge state agencies an information technology
development assessment based on state agencies' information
technology expenditures or other methodology and may assess fees or
charges to entities that are not state agencies to offset the cost of
specific technology events or services. The revenue from these
assessments, fees, or charges shall be deposited into the Information
Technology Development Fund (Fund 5LJ0), which is hereby created.

ENTERPRISE
APPLICATIONS

The
foregoing appropriation item 100665, Enterprise Applications, shall
be used for the operation and management of information technology
applications that support state agencies' objectives. Charges billed
to benefiting agencies shall be deposited to the credit of the
Enterprise Applications Fund (Fund 5PC0).

Section
207.50.
ENTERPRISE
IT STRATEGY IMPLEMENTATION

The
Director of Administrative Services shall determine and implement
strategies that benefit the enterprise by improving efficiency,
reducing costs, or enhancing capacity of information technology (IT)
services. Such improvements and efficiencies may result in the
consolidation and transfer of such services. As determined to be
necessary for successful implementation of this section and
notwithstanding any provision of law to the contrary, the Director of
Administrative Services may request the Director of Budget and
Management to consolidate or transfer IT-specific budget authority
between agencies or within an agency as necessary to implement
enterprise IT cost containment strategies and related efficiencies.
Once the Director of Budget and Management is satisfied that the
proposed initiative is cost advantageous to the enterprise, the
Director of Budget and Management may request Controlling Board
approval to transfer appropriations, funds, and cash to implement the
proposed initiative. The establishment of any new fund or additional
appropriation as a result of this section shall also be subject to
Controlling Board approval.

The
Director of Budget and Management and the Director of Administrative
Services may transfer any employees, assets, and liabilities,
including, but not limited to, records, contracts, and agreements in
order to facilitate the improvements determined in accordance with
this section.

Section
209.10.

1

2

3

4

5

A

AGE
DEPARTMENT OF AGING

B

General
Revenue Fund

C

GRF

490321

Operating
Expenses

$1,944,405

$2,033,308

D

GRF

490410

Long-Term
Care Ombudsman

$3,117,148

$3,122,195

E

GRF

490411

Senior
Community Services

$11,257,903

$11,295,146

F

GRF

490414

Alzheimer's
and Other Dementia Respite

$4,300,000

$4,300,000

G

GRF

490510

Community
Projects

$485,000

$0

H

GRF

656423

Long-Term
Care Budget – State

$5,222,431

$5,339,477

I

General
Revenue Fund Total

$26,326,887

$26,090,126

J

Dedicated
Purpose Fund Group

K

4800

490606

Senior
Community Outreach and Education

$150,000

$150,000

L

4C40

490609

Regional
Long-Term Care Ombudsman Program

$1,000,000

$1,000,000

M

5BA0

490620

Long-Term
Care Quality Initiatives

$12,417,919

$12,417,919

N

5K90

490613

Long-Term
Care Consumers Guide

$1,770,000

$1,780,000

O

5MT0

490627

Board
of Executives of Long-Term Services and Supports

$850,000

$875,000

P

5T40

656625

Health
Care Grants - State

$695,940

$695,939

Q

5W10

490616

Resident
Services Coordinator Program

$262,500

$262,500

R

Dedicated
Purpose Fund Group Total

$17,146,359

$17,181,358

S

Federal
Fund Group

T

3220

490618

Federal
Aging Grants

$10,500,000

$10,500,000

U

3C40

656623

Long-Term
Care Budget - Federal

$7,462,626

$7,979,625

V

3M40

490612

Federal
Independence Services

$66,495,000

$69,820,000

W

Federal
Fund Group Total

$84,457,626

$88,299,625

X

TOTAL
ALL BUDGET FUND GROUPS

$127,930,872

$131,571,109

Section
209.20.
LONG-TERM
CARE

Pursuant
to an interagency agreement, the Department of Medicaid may designate
the Department of Aging to perform assessments under section 5165.04
of the Revised Code. The Department of Aging shall provide long-term
care consultations under section 173.42 of the Revised Code to assist
individuals in planning for their long-term health care needs.

The
Department of Aging shall administer the Medicaid waiver-funded
PASSPORT Home Care Program, the Assisted Living Program, and PACE as
delegated by the Department of Medicaid in an interagency agreement.

PERFORMANCE-BASED
REIMBURSEMENT

In
order to improve health outcomes among populations served by PASSPORT
administrative agencies, the Department of Aging, through rules
adopted in accordance with Chapter 119. of the Revised Code, may
design and utilize a payment method for PASSPORT administrative
agency operations that includes a pay-for-performance incentive
component that is earned by a PASSPORT administrative agency when
defined consumer and policy outcomes are achieved. Prior to filing
with the Joint Committee on Agency Rule Review, as provided in
section 119.03 of the Revised Code, a proposed rule related to a
payment method that includes a pay-for-performance incentive
component, the Department shall submit a report to the Legislative
Service Commission outlining the payment method.

Section
209.30.
MYCARE
OHIO

The
authority of the Office of the State Long-Term Care Ombudsman as
described in sections 173.14 to 173.28 of the Revised Code extends to
MyCare Ohio during the period of the federal financial alignment
demonstration program.

SENIOR
COMMUNITY SERVICES

Of
the foregoing appropriation item 490411, Senior Community Services,
$150,000 in each fiscal year shall be used to support the Iconnect
Program, administered by the Neighborhood Centers Association in
Richland, Medina, Lorain, and Cuyahoga Counties.

The
remainder of appropriation item 490411, Senior Community Services,
may be used for programs, services, and activities designated by the
Department of Aging, including, but not limited to, home-delivered
meals, congregate dining, transportation, personal care, respite,
adult day services, home maintenance and chores, minor home
modification, case management, evidence-based disease prevention and
health promotion, and information assistance. Funds may also be used
to provide grants to community organizations to support and expand
older adult programming. Services priority shall be given to
low-income, high-need persons, and/or persons with a cognitive
impairment who are sixty years of age or over. The Department shall
not use any of these funds for administrative expenses.

COMMUNITY
PROJECTS

Of
the foregoing appropriation item 490510, Community Projects, $285,000
in fiscal year 2026 shall be distributed to Jewish Family Services to
support Ohio's Holocaust survivors.

Of
the foregoing appropriation item 490510, Community Projects, $200,000
in fiscal year 2026 shall be distributed to the Benjamin Rose
Institute on Aging. These funds shall be used to provide services to
disadvantaged seniors that address food insecurity, mental health,
and financial literacy.

BOARD
OF EXECUTIVES OF LONG-TERM SERVICES AND SUPPORTS

The
foregoing appropriation item 490627, Board of Executives of Long-Term
Services and Supports, may be used by the Board of Executives of
Long-Term Services and Supports to administer and enforce Chapter
4751. of the Revised Code and rules adopted under it.

Section
211.10.

1

2

3

4

5

A

AGR
DEPARTMENT OF AGRICULTURE

B

General
Revenue Fund

C

GRF

700401

Animal
Health Programs

$8,683,000

$8,893,400

D

GRF

700403

Dairy
Division

$1,569,000

$1,613,000

E

GRF

700406

Consumer
Protection Lab

$1,880,000

$1,906,000

F

GRF

700407

Food
Safety

$1,705,000

$1,752,000

G

GRF

700410

Plant
Industry

$542,000

$594,000

H

GRF

700412

Weights
and Measures

$825,000

$849,000

I

GRF

700415

Poultry
Inspection

$1,597,500

$1,619,500

J

GRF

700418

Livestock
Regulation Program

$1,600,000

$1,649,000

K

GRF

700424

Livestock
Testing and Inspections

$135,000

$138,000

L

GRF

700426

Dangerous
Animals and Emergency Management

$708,000

$716,000

M

GRF

700427

High
Volume Breeder Kennel Control

$1,545,000

$1,553,000

N

GRF

700428

Soil
and Water Division

$4,679,000

$4,857,000

O

GRF

700499

Meat
Inspection Program - State Share

$8,080,000

$8,304,000

P

GRF

700501

County
Agricultural Societies

$1,130,000

$630,000

Q

GRF

700509

Soil
and Water District Support

$12,527,000

$12,533,000

R

GRF

700511

Ride
Inspection

$779,000

$801,000

S

GRF

700674

Plant
Testing

$247,000

$218,000

T

General
Revenue Fund Total

$48,231,500

$48,625,900

U

Dedicated
Purpose Fund Group

V

4900

700651

License
Plates - Sustainable Agriculture

$16,800

$16,800

W

4940

700612

Agricultural
Commodity Marketing Program

$125,000

$125,000

X

4960

700626

Ohio
Grape Industries

$1,200,000

$1,200,000

Y

4970

700627

Grain
Warehouse Program

$500,000

$500,000

Z

4C90

700605

Commercial
Feed and Seed

$2,273,000

$2,329,000

AA

4D20

700609

Auction
Education

$53,000

$54,000

AB

4E40

700606

Utility
Radiological Safety

$136,000

$142,000

AC

4P70

700610

Food
Safety Inspection

$1,353,000

$1,396,000

AD

4R00

700636

Ohio
Proud Marketing

$25,000

$25,000

AE

4R20

700637

Dairy
Industry Inspection

$1,751,000

$1,787,000

AF

4T60

700611

Poultry
and Meat Inspection

$113,500

$117,000

AG

5780

700620

Ride
Inspection

$1,245,000

$1,273,000

AH

5B80

700629

Auctioneers

$230,000

$236,000

AI

5BV0

700660

Heidelberg
Water Quality Lab

$275,000

$275,000

AJ

5BV0

700661

Soil
and Water Districts

$10,507,000

$10,509,000

AK

5FC0

700648

Plant
Pest Program

$1,200,000

$1,200,000

AL

5H20

700608

Metrology
Lab and Scale Certification

$1,194,000

$1,240,000

AM

5L80

700604

Livestock
Management Program

$186,800

$189,800

AN

5MR0

700658

Commercial
Dog Breeding

$450,000

$465,000

AO

5MS0

700659

Animal
and Consumer Protection

$8,400

$8,400

AP

5QW0

700653

Watershed
Assistance

$857,000

$832,000

AQ

5WJ0

700671

Hemp
Program

$367,000

$375,000

AR

6520

700634

Animal,
Consumer, and ATL Labs

$8,483,900

$8,328,800

AS

6690

700635

Pesticide,
Fertilizer, and Lime Inspection Program

$4,533,000

$4,649,000

AT

6H20

700670

H2Ohio

$53,600,000

$53,600,000

AU

Dedicated
Purpose Fund Group Total

$90,683,400

$90,872,800

AV

Internal
Service Activity Fund Group

AW

5DA0

700644

Laboratory
Administration Support

$1,300,000

$1,339,000

AX

5GH0

700655

Administrative
Support

$7,614,000

$7,990,000

AY

Internal
Service Activity Fund Group Total

$8,914,000

$9,329,000

AZ

Capital
Projects Fund Group

BA

7057

700632

Clean
Ohio Agricultural Easement Operating

$512,000

$515,000

BB

Capital
Projects Fund Group Total

$512,000

$515,000

BC

Federal
Fund Group

BD

3260

700618

Meat
Inspection Program - Federal Share

$5,891,000

$6,133,000

BE

3360

700617

Ohio
Farm Loan - Revolving

$317,000

$200,000

BF

3820

700601

Federal
Cooperative Contracts

$11,612,000

$9,669,000

BG

3J40

700607

Federal
Administrative Programs

$2,000,000

$2,055,000

BH

3R20

700614

Federal
Plant Industry

$6,843,000

$7,189,000

BI

Federal
Fund Group Total

$26,663,000

$25,246,000

BJ

TOTAL
ALL BUDGET FUND GROUPS

$175,003,900

$174,588,700

Section
211.20.

COUNTY
AGRICULTURAL SOCIETIES

Of
the foregoing appropriation item 700501, County Agricultural
Societies, up to $380,000 in each fiscal year shall be used to
reimburse county and independent agricultural societies for expenses
related to Junior Fair activities.

Of
the foregoing appropriation item 700501, County Agricultural
Societies, up to $250,000 in each fiscal year shall be used to
support the Future Farmers of America, urban agriculture, and
agriculture literacy programs around the state.

Of
the foregoing appropriation item 700501, County Agricultural
Societies, $500,000 in fiscal year 2026 shall be used to support the
construction of the Mercer County Fairgrounds Grand Events Center.

SUPPORT
FOR SOIL AND WATER DISTRICTS

Of
the foregoing appropriation item 700509, Soil and Water District
Support, $4,200,000 in each fiscal year shall be used to support
county soil and water conservation districts in priority regions as
defined by the director of Agriculture, for staffing costs and to
assist in soil testing and nutrient management plan development,
including manure transformation and manure conversion technologies,
enhanced filter strips, water management, and H2Ohio Program support.

SOIL
AND WATER DISTRICTS

In
addition to state payments to soil and water conservation districts
authorized by section 940.15 of the Revised Code, the Department of
Agriculture may use appropriation item 700661, Soil and Water
Districts, to pay any soil and water conservation district an annual
amount not to exceed $40,000 upon receipt of a request and
justification from the district and approval by the Ohio Soil and
Water Conservation Commission. The county auditor shall credit the
payments to the special fund established under section 940.12 of the
Revised Code for use by the local soil and water conservation
district. The amounts received by each district shall be expended for
the purposes of the district.

H2OHIO
FUND

The
Department of Agriculture shall establish programs to assist in
reducing total phosphorus, dissolved reactive phosphorus, sediment,
and other nutrients in the Western Lake Erie Basin and other critical
regions in the state as defined by the Director of Agriculture.

The
foregoing appropriation item 700670, H2Ohio, shall be used to support
the programs described above, which may include, but not be limited
to, the following: (1) equipment for subsurface placement of
nutrients into the soil; (2) equipment for nutrient placement based
on geographic information system data; (3) soil testing; (4)
implementation of variable rate technology; (5) equipment
implementing manure transformation and manure conversion
technologies; (6) tributary monitoring; (7) best management practices
recognized to reduce nutrients; (8) a revolving loan program; and (9)
matching funds for the Conservation Reserve Enhancement Program.

CLEAN
OHIO AGRICULTURAL EASEMENT OPERATING EXPENSES

The
foregoing appropriation item 700632, Clean Ohio Agricultural Easement
Operating, shall be used by the Department of Agriculture in
administering Clean Ohio Agricultural Easement Fund (Fund 7057)
projects pursuant to sections 901.21, 901.22, and 5301.67 to 5301.70
of the Revised Code.

Section
213.10.

1

2

3

4

5

A

AIR
AIR QUALITY DEVELOPMENT AUTHORITY

B

Dedicated
Purpose Fund Group

C

4Z90

898602

Small
Business Ombudsman

$246,000

$248,000

D

5700

898601

Operating
Expenses

$3,600,000

$4,300,000

E

5A00

898603

Small
Business Assistance

$150,000

$225,000

F

Dedicated
Purpose Fund Group Total

$3,996,000

$4,773,000

G

TOTAL
ALL BUDGET FUND GROUPS

$3,996,000

$4,773,000

Section
213.20.
REIMBURSEMENT
TO AIR QUALITY DEVELOPMENT AUTHORITY TRUST ACCOUNT

Notwithstanding
any other provision of law to the contrary, the Air Quality
Development Authority may reimburse the Air Quality Development
Authority trust account established under section 3706.10 of the
Revised Code from all operating funds of the agency for expenses
pertaining to the administration and shared costs incurred by the Air
Quality Development Authority in the execution of responsibilities as
prescribed in Chapter 3706. of the Revised Code. The reimbursement
shall occur in accordance with an administrative cost recovery plan
approved by the Air Quality Development Authority Board.

Section
215.10.

1

2

3

4

5

A

ARC
ARCHITECTS BOARDS

B

Dedicated
Purpose Fund Group

C

4K90

891609

Operating

$674,000

$690,001

D

Dedicated
Purpose Fund Group Total

$674,000

$690,001

E

TOTAL
ALL BUDGET FUND GROUPS

$674,000

$690,001

Section
217.10.

1

2

3

4

5

A

ART
OHIO ARTS COUNCIL

B

General
Revenue Fund

C

GRF

370321

Operating
Expenses

$3,172,595

$3,243,201

D

GRF

370502

State
Program Subsidies

$23,538,000

$23,538,000

E

General
Revenue Fund Total

$26,710,595

$26,781,201

F

Dedicated
Purpose Fund Group

G

4600

370602

Arts
Council Program Support

$345,000

$345,000

H

4B70

370603

Percent
For Art Acquisitions

$165,000

$0

I

Dedicated
Purpose Fund Group Total

$510,000

$345,000

J

Federal
Fund Group

K

3140

370601

Federal
Support

$1,350,000

$1,350,000

L

Federal
Fund Group Total

$1,350,000

$1,350,000

M

TOTAL
ALL BUDGET FUND GROUPS

$28,570,595

$28,476,201

Section
217.20.
FEDERAL
SUPPORT

Notwithstanding
any provision of law to the contrary, the foregoing appropriation
item 370601, Federal Support, shall be used by the Ohio Arts Council
for subsidies only, and not for its administrative costs, unless the
Council is required to use a portion of the funds for administrative
costs under conditions of the federal grant.

Section
219.10.

1

2

3

4

5

A

ATH
ATHLETIC COMMISSION

B

Dedicated
Purpose Fund Group

C

4K90

175609

Operating
Expenses

$367,022

$371,995

D

Dedicated
Purpose Fund Group Total

$367,022

$371,995

E

TOTAL
ALL BUDGET FUND GROUPS

$367,022

$371,995

Section
221.10.

1

2

3

4

5

A

AGO
ATTORNEY GENERAL

B

General
Revenue Fund

C

GRF

055321

Operating
Expenses

$97,290,225

$97,290,225

D

GRF

055405

Law-Related
Education

$68,000

$68,000

E

GRF

055406

BCIRS
Lease Rental Payments

$2,450,000

$2,450,000

F

GRF

055411

County
Sheriffs' Pay Supplement

$1,111,257

$1,130,685

G

GRF

055415

County
Prosecutors' Pay Supplement

$1,476,937

$1,502,753

H

GRF

055431

Drug
Abuse Response Team Grants

$0

$1,500,000

I

GRF

055432

Drug
Testing Equipment

$964,000

$964,000

J

GRF

055434

Internet
Crimes Against Children Task Force

$500,000

$500,000

K

GRF

055441

Victims
of Crime

$6,700,000

$5,700,000

L

GRF

055446

Cyber
Crime Division

$1,000,000

$1,000,000

M

GRF

055501

Rape
Crisis Centers

$15,300,000

$15,300,000

N

GRF

055502

School
Safety Training Grants

$10,000,000

$10,000,000

O

GRF

055504

Domestic
Violence Programs

$10,000,000

$10,000,000

P

GRF

055505

Pike
County Capital Case

$600,000

$0

Q

GRF

055509

Law
Enforcement Training

$30,000,000

$35,000,000

R

General
Revenue Fund Total

$177,460,419

$182,405,663

S

Dedicated
Purpose Fund Group

T

1060

055612

Attorney
General Operating

$63,216,225

$64,034,683

U

4020

055616

Victims
of Crime

$11,500,000

$12,000,000

V

4170

055621

Domestic
Violence Shelter

$25,000

$25,000

W

4180

055615

Charitable
Foundations

$11,500,000

$11,000,000

X

4190

055623

Claims
Section

$77,520,063

$86,393,854

Y

4190

055668

Collections
System Lease Rental Payments

$4,165,000

$4,165,000

Z

4200

055603

Attorney
General Antitrust

$1,500,000

$0

AA

4210

055617

Police
Officers' Training Academy Fee

$3,555,387

$3,528,018

AB

4L60

055606

DARE
Programs

$2,308,099

$2,310,841

AC

4Y70

055608

Title
Defect Recision

$1,032,267

$1,038,534

AD

4Z20

055609

BCI
Asset Forfeiture and Cost Reimbursement

$2,000,000

$2,000,000

AE

5900

055633

Peace
Officer Private Security Training

$101,306

$103,330

AF

5A90

055618

Telemarketing
Fraud Enforcement

$10,000

$10,000

AG

5LR0

055655

Peace
Officer Training - Casino

$7,726,217

$8,183,287

AH

5TL0

055659

Organized
Crime Law Enforcement Trust

$100,000

$100,000

AI

5TZ0

055610

Drug
Abuse Response Team Grants

$1,800,000

$0

AJ

5TZ0

055614

Narcotics
Task Forces

$500,000

$500,000

AK

5VL0

055435

Stop
Bullying License Plate

$2,500

$2,500

AL

6310

055637

Consumer
Protection Enforcement

$10,500,000

$11,000,000

AM

6590

055641

Solid
and Hazardous Waste Background Investigations

$359,895

$367,319

AN

U087

055402

Tobacco
Settlement Oversight, Administration, and Enforcement

$2,500,000

$2,500,000

AO

Dedicated
Purpose Fund Group Total

$201,921,959

$209,262,366

AP

Internal
Service Activity Fund Group

AQ

1950

055660

Workers'
Compensation Section

$9,570,750

$9,905,726

AR

Internal
Service Activity Fund Group Total

$9,570,750

$9,905,726

AS

Holding
Account Fund Group

AT

5BY1

055674

Charitable
Law Distributions

$750,000

$750,000

AU

R004

055631

General
Holding Account

$1,000,000

$1,000,000

AV

R005

055632

Antitrust
Settlements

$1,000,000

$1,000,000

AW

R018

055630

Consumer
Frauds

$1,000,000

$1,000,000

AX

R042

055601

Organized
Crime Commission Distributions

$750,000

$750,000

AY

R054

055650

Collection
Payment Redistribution

$4,500,000

$4,500,000

AZ

Holding
Account Fund Group Total

$9,000,000

$9,000,000

BA

Federal
Fund Group

BB

3060

055620

Medicaid
Fraud Control

$17,059,070

$17,887,905

BC

3830

055634

Crime
Victims Assistance

$40,000,000

$40,000,000

BD

3E50

055638

Attorney
General Pass-Through Funds

$8,020,999

$8,020,999

BE

3FV0

055656

Crime
Victim Compensation

$7,200,000

$7,400,000

BF

3R60

055613

Attorney
General Federal Funds

$5,500,000

$5,500,000

BG

Federal
Fund Group Total

$77,780,069

$78,808,904

BH

TOTAL
ALL BUDGET FUND GROUPS

$475,733,197

$489,382,659

Section
221.20.
OHIO
CENTER FOR THE FUTURE OF FORENSIC SCIENCE

Of
the foregoing appropriation item 055321, Operating Expenses, $650,000
in each fiscal year shall be used for the Ohio Center for the Future
of Forensic Science at Bowling Green State University. The purpose of
the Center shall be to foster forensic science research techniques
(BCI Eminent Scholar) and to create professional training
opportunities to students (BCI Scholars) in the forensic science
fields.

DOMESTIC
VIOLENCE PROGRAM

Of
the foregoing appropriation item 055321, Operating Expenses, $100,000
in each fiscal year may be used by the Attorney General for the
purpose of providing funding to domestic violence programs as defined
in section 109.46 of the Revised Code.

BUREAU
OF CRIMINAL INVESTIGATION RECORDS SYSTEM (BCIRS) LEASE RENTAL
PAYMENTS

The
foregoing appropriation item 055406, BCIRS Lease Rental Payments,
shall be used for payments during the period from July 1, 2025,
through June 30, 2027, pursuant to leases and agreements entered into
pursuant to Section 701.40 of S.B. 310 of the 131st General Assembly
and other prior acts of the General Assembly, with respect to
financing the costs associated with the acquisition, development,
implementation, and integration of the BCIRS.

COUNTY
SHERIFFS' PAY SUPPLEMENT

The
foregoing appropriation item 055411, County Sheriffs' Pay Supplement,
shall be used for the purpose of supplementing the annual
compensation of county sheriffs as required by section 325.06 of the
Revised Code.

At
the request of the Attorney General, the Director of Budget and
Management may transfer appropriation from appropriation item 055321,
Operating Expenses, to appropriation item 055411, County Sheriffs'
Pay Supplement. Any appropriation so transferred shall be used to
supplement the annual compensation of county sheriffs as required by
section 325.06 of the Revised Code.

COUNTY
PROSECUTORS' PAY SUPPLEMENT

The
foregoing appropriation item 055415, County Prosecutors' Pay
Supplement, shall be used for the purpose of supplementing the annual
compensation of certain county prosecutors as required by section
325.111 of the Revised Code.

At
the request of the Attorney General, the Director of Budget and
Management may transfer appropriation from appropriation item 055321,
Operating Expenses, to appropriation item 055415, County Prosecutors'
Pay Supplement. Any appropriation so transferred shall be used to
supplement the annual compensation of county prosecutors as required
by section 325.111 of the Revised Code.

DRUG
ABUSE RESPONSE TEAM GRANT PROGRAM

The
Attorney General shall maintain the Drug Abuse Response Team Grant
Program for the purpose of replicating or expanding successful law
enforcement programs that address the opioid epidemic similar to the
Drug Abuse Response Team established by the Lucas County Sheriff's
Department, and the Quick Response Teams established in Colerain
Township's Department of Public Safety in Hamilton County and Summit
County. Any grants awarded by this grant program may include
requirements for private or nonprofit matching support.

The
foregoing appropriation items 055431, Drug Abuse Response Team
Grants, and 055610, Drug Abuse Response Team Grants, shall be used by
the Attorney General to fund grants to law enforcement or other
government agencies; the primary purpose of the grants shall be to
replicate or expand successful law enforcement programs that address
the opioid epidemic similar to the Drug Abuse Response Team
established by the Lucas County Sheriff's Department and the Quick
Response Teams established in Colerain Township's Department of
Public Safety in Hamilton County and Summit County.

Each
recipient of a grant under this program shall, within six months of
the end date of the grant, submit a written report describing the
outcomes that resulted from the grant to the Governor, the President
of the Senate, the Speaker of the House of Representatives, the
Minority Leader of the Senate, and the Minority Leader of the House
of Representatives.

DRUG
TESTING EQUIPMENT

The
foregoing appropriation item 055432, Drug Testing Equipment, shall be
used to purchase, operate, and maintain drug testing equipment for
the Bureau of Criminal Identification and Investigation.

INTERNET
CRIMES AGAINST CHILDREN TASK FORCE

The
foregoing appropriation item 055434, Internet Crimes Against Children
Task Force, shall be used by the Attorney General in support of the
Ohio Internet Crimes Against Children Task Force for the purposes
described in section 195.02 of the Revised Code.

VICTIMS
OF CRIME

The
foregoing appropriation item 055441, Victims of Crime, shall be
allocated to the Crime Victim Services Section. Prior to using the
funds from this appropriation item, the Attorney General shall, to
the extent possible, first use funds related to the federal Victims
of Crime Act.

CLEVELAND
RAPE CRISIS CENTER

Of
the foregoing appropriation item 055501, Rape Crisis Centers,
$300,000 in each fiscal year shall be distributed to the Cleveland
Rape Crisis Center to provide services for at-risk youth through the
Cleveland Rape Crisis Center Human Trafficking Drop-in Center.

SCHOOL
SAFETY TRAINING GRANTS

(A)
The foregoing appropriation item 055502, School Safety Training
Grants, shall be used by the Attorney General, in consultation with
the Director of Education and Workforce and the Director of
Behavioral Health, solely to make grants to public and chartered
nonpublic schools, educational service centers, local law enforcement
agencies, and schools operated by county boards of developmental
disabilities administering special education services programs
pursuant to section 5126.05 of the Revised Code for school safety and
school climate programs and training.

(B)
The use of the grants includes, but is not limited to, all of the
following:

(1)
The support of school resource officer certification training;

(2)
Any type of active shooter and school safety training or equipment;

(3)
All grade level type educational resources;

(4)
Training to identify and assist students with mental health issues;

(5)
School supplies or equipment related to school safety or for
implementing the school's safety plan;

(6)
Any other training, supplies, services, or equipment related to
school safety.

(C)
The schools, educational service centers, and county boards shall
work or contract with the county sheriff's office or a local police
department in whose jurisdiction they are located to develop the
programs and training described in divisions (B)(1), (2), (3), (5),
and (6) of this section. Any grant awarded directly to a local law
enforcement agency, or to a nonprofit or charitable law enforcement
training organization on the law enforcement agency's behalf, shall
not be used to fund a similar request made by a school located within
the jurisdiction of the local law enforcement agency.

(D)
The Attorney General is authorized to make payments directly to
school or law enforcement nonprofit or charitable training
organizations on behalf of any public and chartered nonpublic
schools, educational service centers, local law enforcement agencies,
and schools operated by county boards of developmental disabilities
administering special education services.

(E)
As used in this section, "public school" means any school
operated by a school district board of education, any community
school established under Chapter 3314. of the Revised Code, and any
STEM school established under Chapter 3326. of the Revised Code.

DOMESTIC
VIOLENCE PROGRAMS

The
foregoing appropriation item 055504, Domestic Violence Programs,
shall be used by the Attorney General for the purpose of funding
domestic violence programs as defined in section 109.46 of the
Revised Code.

FINDING
MY CHILDHOOD AGAIN PILOT PROGRAM

Of
the foregoing appropriation item 055504, Domestic Violence Programs,
$300,000 in each fiscal year shall be distributed to the Battered
Women's Shelter of Summit and Medina counties for expenses related to
the creation and implementation of a pilot program called "Finding
my Childhood Again."

BATTERED
WOMEN'S SHELTER

Of
the foregoing appropriation item 055504, Domestic Violence Programs,
$50,000 in each fiscal year shall be distributed to the Battered
Women's Shelter of Summit and Medina counties for the cost of
operating the commercial kitchen located at its Market Street
Facility, and $50,000 in each fiscal year shall be distributed to the
Battered Women's Shelter of Portage County.

TRANSPORTATION
GRANTS

Of
the foregoing appropriation item 055504, Domestic Violence Programs,
$25,000 in fiscal year 2026 shall be provided as grants to Ohio
domestic violence shelters to buy transportation vouchers,
ridesharing credits, or gas cards for eligible clients. The Attorney
General shall adopt any rules necessary for the administration of the
grant program.

PIKE
COUNTY CAPITAL CASE

An
amount equal to the unexpended, unencumbered balance of appropriation
item 055505, Pike County Capital Case, at the end of fiscal year 2025
is hereby reappropriated to the same appropriation item for the same
purpose in fiscal year 2026.

An
amount equal to the unexpended, unencumbered balance of appropriation
item 055505, Pike County Capital Case, at the end of fiscal year 2026
is hereby reappropriated to the same appropriation item for the same
purpose in fiscal year 2027.

LAW
ENFORCEMENT TRAINING

The
foregoing appropriation item 055509, Law Enforcement Training, shall
be used by the Attorney General for state funding of the training of
peace officers and troopers that is required under section 109.803 of
the Revised Code.

Of
the foregoing appropriation item 055509, Law Enforcement Training,
the Attorney General may use up to $150,000 in each fiscal year for
administrative expenses associated with the program, including
curriculum development.

ATTORNEY
GENERAL COLLECTIONS SYSTEM LEASE RENTAL PAYMENTS

The
foregoing appropriation item 055668, Collections System Lease Rental
Payments, shall be used to make payments during the period from July
1, 2025, through June 30, 2027, pursuant to leases and agreements
entered into under Section 701.10 of S.B. 310 of the 133rd General
Assembly or Section 709.01 of H.B. 687 of the 134th General Assembly,
with respect to financing the costs associated with the acquisition,
development, implementation, and integration of the Attorney General
New Collection System.

NARCOTICS
TASK FORCES

The
foregoing appropriation item 055614, Narcotics Task Forces, shall be
used to support narcotics task forces funded by the Attorney General.

WORKERS'
COMPENSATION SECTION

The
Workers' Compensation Fund (Fund 1950) is entitled to receive
quarterly payments from the Bureau of Workers' Compensation and the
Ohio Industrial Commission to fund legal services provided to the
Bureau of Workers' Compensation and the Ohio Industrial Commission
during the fiscal year.

In
addition, the Bureau of Workers' Compensation shall transfer payments
for the support of the Workers' Compensation Fraud Unit.

All
amounts shall be mutually agreed upon by the Attorney General, the
Bureau of Workers' Compensation, and the Ohio Industrial Commission.

GENERAL
HOLDING ACCOUNT

The
foregoing appropriation item 055631, General Holding Account, shall
be used to distribute moneys under the terms of relevant court orders
or other settlements received in a variety of cases involving the
Office of the Attorney General. If it is determined that additional
amounts are necessary for this purpose, the amounts are hereby
appropriated.

ANTITRUST
SETTLEMENTS

The
foregoing appropriation item 055632, Antitrust Settlements, shall be
used to distribute moneys under the terms of relevant court orders or
other out-of-court settlements in antitrust cases or antitrust
matters involving the Office of the Attorney General. If it is
determined that additional amounts are necessary for this purpose,
the amounts are hereby appropriated.

CHARITABLE
SETTLEMENT HOLDING ACCOUNT

The
foregoing appropriation item 055674, Charitable Settlement Holding
Account, shall be used to distribute money in the Charitable
Settlements Holding Account Fund (Fund 5BY1), which is created in the
state treasury, under the terms of relevant court orders or other
settlements received in the charitable law cases involving the Office
of the Attorney General. If it is determined that additional amounts
are necessary for this purpose, the amounts are hereby appropriated.

On
July 1, 2025, or as soon as possible thereafter, the Attorney General
shall certify to the Director of Budget and Management the amount of
cash receipts related to settlements received in charitable law cases
and credited to the General Holding Account (Fund R004). The Director
of Budget and Management shall transfer the amounts certified to the
Charitable Settlements Holding Account Fund (Fund 5BY1).

CONSUMER
FRAUDS

The
foregoing appropriation item 055630, Consumer Frauds, shall be used
for distribution of moneys from court-ordered judgments against
sellers in actions brought by the Office of the Attorney General
under sections 1334.08 and 4549.48 and division (B) of section
1345.07 of the Revised Code. These moneys shall be used to provide
restitution to consumers victimized by the fraud that generated the
court-ordered judgments. If it is determined that additional amounts
are necessary for this purpose, the amounts are hereby appropriated.

ORGANIZED
CRIME COMMISSION DISTRIBUTIONS

The
foregoing appropriation item 055601, Organized Crime Commission
Distributions, shall be used by the Organized Crime Investigations
Commission, as provided by section 177.011 of the Revised Code, to
reimburse political subdivisions for the expenses the political
subdivisions incur when their law enforcement officers participate in
an organized crime task force and to support the operations of the
retail theft task force. If it is determined that additional amounts
are necessary for this purpose, the amounts are hereby appropriated.

COLLECTION
PAYMENT REDISTRIBUTION

The
foregoing appropriation item 055650, Collection Payment
Redistribution, shall be used for the purpose of allocating the
revenue where debtors mistakenly paid the client agencies instead of
the Attorney General's Collections Enforcement Section. If it is
determined that additional amounts are necessary for this purpose,
the amounts are hereby appropriated.

Section
221.30.
On
January 15, 2027, or as soon as possible thereafter, the Attorney
General shall certify and remit to the Director of Budget and
Management the balance of all proceeds received by the state under
the settlement agreement in State of Ohio v. McKesson Corp., Case No.
CVH20180055 (C.P. Madison Co., settlement agreement of October 7,
2021). Upon certification, the Director of Budget and Management
shall remit the amounts certified to the Targeted Addiction
Assistance Fund (Fund 5TZ0), created in section 126.67 of the Revised
Code.

Section
221.40.
OHIO
COURTS NETWORK

Of
the foregoing appropriation item 055321, Operating Expenses,
$4,505,000 in each fiscal year shall be used to fund an initiative by
the Attorney General to facilitate the exchange of information and
warehousing of data by and between Ohio courts and other justice
system partners through the maintenance of an Ohio Courts Network.
Courts and the clerks of the court of common pleas, whether elected
or appointed, located in counties with a population of not more than
125,000 according to the most recent federal decennial census, are
eligible for funding under the initiative.

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall cancel any existing encumbrances against
appropriation item 005409, Ohio Courts Technology Initiative, used by
the Supreme Court of Ohio, and reestablish them against appropriation
item 055321, Operating Expenses. The reestablished encumbrance
amounts are hereby appropriated.

On
July 1, 2025, or as soon as possible thereafter, the Administrative
Director of the Supreme Court of Ohio and the Attorney General, or
their designees, shall facilitate the transfer of management and
administration of any outstanding grants and all necessary program
records or files from the Supreme Court to the Attorney General.

Section
223.10.

1

2

3

4

5

A

AUD
AUDITOR OF STATE

B

General
Revenue Fund

C

GRF

070401

Audit
Management and Services

$20,067,887

$16,035,566

D

GRF

070402

Performance
Audits

$3,505,464

$3,257,092

E

GRF

070403

Fiscal
Distress Technical Assistance

$650,000

$650,000

F

GRF

070404

Fraud/Corruption
Audits and Investigations

$4,915,927

$5,534,546

G

GRF

070412

Local
Government Audit Support

$21,000,000

$23,250,000

H

General
Revenue Fund Total

$50,139,278

$48,727,204

I

Dedicated
Purpose Fund Group

J

1090

070601

Public
Audit Expense - Intrastate

$13,737,026

$13,914,164

K

4220

070602

Public
Audit Expense - Local Government

$33,000,000

$33,000,000

L

5840

070603

Training
Program

$250,000

$250,000

M

5JZ0

070606

Auditor's
Innovation Fund

$300,000

$300,000

N

5VP0

070611

Local
Government Audit Support Fund

$21,000,000

$23,250,000

O

6750

070605

Uniform
Accounting Network

$7,306,872

$6,804,086

P

Dedicated
Purpose Fund Group Total

$75,593,898

$77,518,250

Q

TOTAL
ALL BUDGET FUND GROUPS

$125,733,176

$126,245,454

Section
223.20.
AUDIT
MANAGEMENT AND SERVICES

The
foregoing appropriation item 070401, Audit Management and Services,
shall be used pursuant to section 117.13 of the Revised Code to
support costs of the Auditor of State that are not recovered through
charges to local governments and state entities, including costs that
cannot be recovered from audit clients under federal indirect cost
allocation guidelines. This appropriation item also shall be used to
cover costs of the Local Government Services Section that are not
charged to clients.

Of
the foregoing appropriation item 070401, Audit Management and
Services, $5,000,000 in fiscal year 2026 shall be used to conduct an
audit in accordance with Section 751.170 of this act.

PERFORMANCE
AUDITS

The
foregoing appropriation item 070402, Performance Audits, shall be
used pursuant to section 117.13 of the Revised Code to support costs
of the Auditor of State related to the provision of performance
audits for local governments, school districts, state agencies, and
colleges and universities that are not recovered through charges to
those entities, including costs that cannot be recovered from audit
clients under federal indirect cost allocation guidelines.

Of
the foregoing appropriation item 070402, Performance Audits, up to
$500,000 in fiscal year 2026 shall be used to conduct a performance
audit of indigent defense services within Ohio. The performance audit
shall review the challenges of the delivery of indigent defense
services, including, but not limited to, the costs, accounting, and
payment processes of the Office of the Public Defender and at least
five counties that represent each of the various indigent defense
delivery methods in the state. The audit shall be completed and a
report submitted to the President and Minority Leader of the Senate
and to the Speaker and Minority Leader of the House of
Representatives by January 1, 2027.

FISCAL
DISTRESS TECHNICAL ASSISTANCE

The
foregoing appropriation item 070403, Fiscal Distress Technical
Assistance, shall be used to support costs of the Auditor of State
responsibilities under Chapters 118., 3316., and 3345. of the Revised
Code to provide services to local governments, schools, or colleges
and universities in, or at risk of entering, a state of fiscal
caution, watch, or emergency.

LOCAL
GOVERNMENT AUDIT SUPPORT

The
foregoing appropriation item 070412, Local Government Audit Support,
shall be used pursuant to section 117.13 of the Revised Code to
support costs of the Auditor of State that are not recovered through
charges to local governments, including costs that cannot be
recovered from audit clients under federal indirect cost allocation
guidelines.

LOCAL
GOVERNMENT AUDIT SUPPORT FUND

The
foregoing appropriation item 070611, Local Government Audit Support
Fund, shall be used pursuant to section 117.131 of the Revised Code
to offset costs of audits that would otherwise be charged to local
public offices in the absence of the fund.

Section
229.10.

1

2

3

4

5

A

OBM
OFFICE OF BUDGET AND MANAGEMENT

B

General
Revenue Fund

C

GRF

042321

Operating
Expenses

$4,400,000

$4,592,000

D

GRF

042435

Gubernatorial
Transition

$0

$250,000

E

General
Revenue Fund Total

$4,400,000

$4,842,000

F

Dedicated
Purpose Fund Group

G

5AY1

042509

One
Time Strategic Community Investments

$2,000,000

$0

H

Dedicated
Purpose Fund Group Total

$2,000,000

$0

I

Internal
Service Activity Fund Group

J

1050

042603

Financial
Management

$27,744,976

$28,843,309

K

Internal
Service Activity Fund Group Total

$27,744,976

$28,843,309

L

Fiduciary
Fund Group

M

5EH0

042604

Forgery
Recovery

$30,000

$30,000

N

Fiduciary
Fund Group Total

$30,000

$30,000

O

TOTAL
ALL BUDGET FUND GROUPS

$34,174,976

$33,715,309

Section
229.30.
ONE
TIME STRATEGIC COMMUNITY INVESTMENTS

The
foregoing appropriation item 042509, One Time Strategic Community
Investments, shall be used by the Office of Budget and Management to
provide grants for the projects listed in this section in the amounts
listed. Prior to disbursing a grant to a recipient, the Office of
Budget and Management shall enter into a grant agreement with the
recipient. As part of the grant agreement, the recipient shall agree
to complete a final report, in a form and manner to be prescribed by
the Office of Budget and Management, detailing how the recipient used
the grant and submit the report to the Office of Budget and
Management.

An
amount equal to the unexpended, unencumbered balance of the foregoing
appropriation item 042509, One Time Strategic Community Investments,
at the end of fiscal year 2026 is hereby reappropriated for the same
purpose in fiscal year 2027.

1

2

A

Project

Amount

B

Say
Yes Cleveland

$750,000

C

University
Circle

$250,000

D

Cleveland
Neighborhood Progress for the Middle Neighborhood Investment
Project

$500,000

E

Great
Lakes Science Center

$500,000

AUDIT
COSTS

All
centralized audit costs associated with either Single Audit Schedules
or financial statements prepared in conformance with generally
accepted accounting principles for the state shall be paid from the
foregoing appropriation item 042603, Financial Management.

Costs
associated with the audit of the Auditor of State shall be paid from
the foregoing appropriation item 042321, Operating Expenses.

SHARED
SERVICES CENTER

The
foregoing appropriation item 042603, Financial Management, shall be
used by the Director of Budget and Management to support the Shared
Services program pursuant to division (D) of section 126.21 of the
Revised Code.

The
Director of Budget and Management shall include the recovery of costs
to operate the Shared Services program in the accounting and
budgeting services payroll rate and through direct charges using
intrastate transfer vouchers billed to agencies for services rendered
using a methodology determined by the Director of Budget and
Management. Such cost recovery revenues shall be deposited to the
credit of the Accounting and Budgeting Fund (Fund 1050).

INTERNAL
AUDIT

The
Director of Budget and Management shall include the recovery of costs
to operate the Internal Audit Program pursuant to section 126.45 of
the Revised Code in the accounting and budgeting services payroll
rate using a methodology determined by the Director of Budget and
Management. Such cost recovery revenues shall be deposited to the
credit of Fund 1050.

FORGERY
RECOVERY

The
foregoing appropriation item 042604, Forgery Recovery, shall be used
to reissue warrants that have been certified as forgeries by the
rightful recipient as determined by the Bureau of Criminal
Identification and Investigation and the Treasurer of State. Upon
receipt of funds to cover the reissuance of the warrant, the Director
of Budget and Management shall reissue a state warrant of the same
amount. Any additional amounts needed to reissue warrants backed by
the receipt of funds are hereby appropriated.

Section
229.40.
CULTURAL,
SPORTS, AND MAJOR SPORTS FACILITIES PERFORMANCE GRANTS

On
January 1, 2026, or as soon as possible thereafter, of the unclaimed
funds and interest that escheat to the state under division (I) of
section 169.08 of the Revised Code, the Director of Commerce shall
remit $1,000,000,000 to the state treasury for deposit into the Ohio
Cultural and Sports Facility Performance Grant Fund (Fund 5CY1).
Notwithstanding section 123.282 or division (I)(4) of section 169.08
of the Revised Code, the remaining portion of the unclaimed funds and
interest that escheat to the state on January 1, 2026, shall be
deposited into the Ohio Escheatment Fund, which is hereby created in
the state treasury. After January 1, 2026, unclaimed funds and
interest that escheat to the state shall be deposited into the Ohio
Cultural and Sports Facility Performance Grant Fund (Fund 5CY1) in
accordance with section 123.282 and division (I)(4) of section 169.08
of the Revised Code.

There
is hereby appropriated $1,000,000,000 in fiscal year 2026 to
appropriation item 042428, Cultural, Sports, and Major Sports
Facilities Performance Grants, from revenues received in the Ohio
Cultural and Sports Facility Performance Grant Fund (Fund 5CY1). The
Office of Budget and Management shall use $600,000,000 from
appropriation item 042428, Cultural, Sports, and Major Sports
Facilities Performance Grants, to support construction of a
transformational major sports facility mixed-use project pursuant to
section 123.281 of the Revised Code that is associated with a Brook
Park economic development project, except that no performance grants
from appropriation item 042428, Cultural, Sports, and Major Sports
Facilities Performance Grants, shall be disbursed prior to February
1, 2026.

Given
that the Brook Park economic development project, which is to be
located in the territorial boundary of a transformational major
sports facility mixed-use project district, will be under
construction in calendar years 2026, 2027, and 2028, the General
Assembly establishes, in accordance with section 123.28 of the
Revised Code, that the base professional sports franchise state tax
revenues will be realized and offset by the actual revenues generated
each of those years through the continuing economic activity and
state taxes levied and realized under Chapters 5739., 5741., 5747.,
and 5751. of the Revised Code at the stadium in Cleveland. As a
result, the simultaneous economic activity and state tax revenues
levied and realized under Chapters 5739., 5741., 5747., and 5751. of
the Revised Code in the district each of those three years will
exceed the base professional sports franchise state tax revenues.
Thus, for that three-year period only, the General Assembly
establishes, in accordance with section 123.28 of the Revised Code,
that the incremental major sports facility mixed-use project district
state tax revenues generated during each of those years equal the
state taxes levied and realized under Chapters 5739., 5741., 5747.,
and 5751. of the Revised Code for the construction of, and the
purchasing of or leasing of materials and items used in the
construction of, the project. For calendar year 2029 and beyond, the
base professional sports franchise state tax revenues and the
incremental major sports facility mixed-use project district state
tax revenues shall be determined as provided in section 123.28 of the
Revised Code. Further, nothing in this section modifies, changes, or
otherwise alters the four-year target amounts described under
division (H)(5)(a) of section 123.281 of the Revised Code.

The
Office of Budget and Management shall use $400,000,000 from
appropriation item 042428, Cultural, Sports, and Major Sports
Facilities Performance Grants, to support construction or renovation
of an Ohio cultural or sports facility under section 123.283 of the
Revised Code.

An
amount equal to the unexpended, unencumbered balance of the foregoing
appropriation item 042428, Cultural, Sports, and Major Sports
Facilities Performance Grants, at the end of fiscal year 2026 is
hereby reappropriated to the same appropriation item in fiscal year
2027.

Section
231.10.

1

2

3

4

5

A

CSR
CAPITOL SQUARE REVIEW AND ADVISORY BOARD

B

General
Revenue Fund

C

GRF

874321

Operating
Expenses

$7,003,530

$7,212,135

D

GRF

874400

Statehouse
Facility Improvements

$6,000,000

$0

E

General
Revenue Fund Total

$13,003,530

$7,212,135

F

Dedicated
Purpose Fund Group

G

2080

874601

Underground
Parking Garage Operations

$4,245,906

$4,245,906

H

4G50

874603

Capitol
Square Education Center and Arts

$6,000

$6,000

I

5AN1

874608

Capitol
Square Improvements

$1,927,921

$0

J

Dedicated
Purpose Fund Group Total

$6,179,827

$4,251,906

K

Internal
Service Activity Fund Group

L

4S70

874602

Statehouse
Gift Shop/Events

$1,000,000

$1,000,000

M

Internal
Service Activity Fund Group Total

$1,000,000

$1,000,000

N

TOTAL
ALL BUDGET FUND GROUPS

$20,183,357

$12,464,041

Section
231.20.
OPERATING
EXPENSES

Of
the foregoing appropriation item 874321, Operating Expenses, up to
$50,000 in each fiscal year shall be used to display inside the
Statehouse borrowed or purchased United States, Ohio, or Ohio
military flags that have historical significance to the state of
Ohio.

On
July 1, 2025, or as soon as possible thereafter, the Executive
Director of the Capitol Square Review and Advisory Board may certify
to the Director of Budget and Management an amount up to the
unexpended, unencumbered balance of the foregoing appropriation item
874321, Operating Expenses, at the end of fiscal year 2025 to be
reappropriated for fiscal year 2026. The amount certified is hereby
reappropriated to the same appropriation item 874321, Operating
Expenses, for fiscal year 2026.

On
July 1, 2026, or as soon as possible thereafter, the Executive
Director of the Capitol Square Review and Advisory Board may certify
to the Director of Budget and Management an amount up to the
unexpended, unencumbered balance of the foregoing appropriation item
874321, Operating Expenses, at the end of fiscal year 2026 to be
reappropriated for fiscal year 2027. The amount certified is hereby
reappropriated to the same appropriation item 874321, Operating
Expenses, for fiscal year 2027.

STATEHOUSE
FACILITY IMPROVEMENTS

On
July 1, 2026, or as soon as possible thereafter, the Executive
Director of the Capitol Square Review and Advisory Board may certify
to the Director of Budget and Management an amount up to the
unexpended, unencumbered balance of the foregoing appropriation item
874400, Statehouse Facility Improvements, at the end of fiscal year
2026 to be reappropriated for fiscal year 2027. The amount certified
is hereby reappropriated to the same appropriation item 874400,
Statehouse Facility Improvements, for fiscal year 2027.

CAPITOL
SQUARE IMPROVEMENTS

On
July 1, 2025, or as soon as possible thereafter, the Executive
Director of the Capitol Square Review and Advisory Board may certify
to the Director of Budget and Management an amount up to the
unexpended, unencumbered balance of the foregoing appropriation item
874608, Capitol Square Improvements, at the end of fiscal year 2025
to be reappropriated for fiscal year 2026. The amount certified is
hereby appropriated to the same appropriation item 874608, Capitol
Square Improvements, for fiscal year 2026.

On
July 1, 2026, or as soon as possible thereafter, the Executive
Director of the Capitol Square Review and Advisory Board may certify
to the Director of Budget and Management an amount up to the
unexpended, unencumbered balance of the foregoing appropriation item
874608, Capitol Square Improvements, at the end of fiscal year 2026
to be reappropriated for fiscal year 2027. The amount certified is
hereby appropriated to the same appropriation item 874608, Capitol
Square Improvements, for fiscal year 2027.

UNDERGROUND
PARKING GARAGE FUND

Notwithstanding
division (G) of section 105.41 of the Revised Code and any other
provision to the contrary, moneys in the Underground Parking Garage
Fund (Fund 2080) may be used for personnel and operating costs
related to the operations of the Statehouse and the Statehouse
Underground Parking Garage.

HOUSE
AND SENATE PARKING REIMBURSEMENT

On
July 1 of each fiscal year, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $500,000 cash from
the General Revenue Fund to the Underground Parking Garage Fund (Fund
2080). The amounts transferred under this section shall be used to
reimburse the Capitol Square Review and Advisory Board for
legislative parking costs.

UNDERGROUND
PARKING GARAGE FUND TRANSFER

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer $1,000,000 cash from the
Underground Parking Garage Fund (Fund 2080) to the Statehouse Gift
Shop/Events Fund (Fund 4S70). The amount transferred under this
section shall be used for personnel and operating costs related to
the operations of the Statehouse Gift Shop and events.

Section
233.10.

1

2

3

4

5

A

SCR
STATE BOARD OF CAREER COLLEGES AND SCHOOLS

B

Dedicated
Purpose Fund Group

C

4K90

233601

Operating
Expenses

$581,189

$593,979

D

Dedicated
Purpose Fund Group Total

$581,189

$593,979

E

TOTAL
ALL BUDGET FUND GROUPS

$581,189

$593,979

Section
235.10.

1

2

3

4

5

A

CAC
CASINO CONTROL COMMISSION

B

Dedicated
Purpose Fund Group

C

5HS0

955321

Operating
Expenses

$17,855,928

$18,849,195

D

5NU0

955601

Casino
Commission Enforcement

$156,680

$200,547

E

5YR0

955602

Problem
Sports Gaming

$3,500,000

$3,500,000

F

Dedicated
Purpose Fund Group Total

$21,512,608

$22,549,742

G

TOTAL
ALL BUDGET FUND GROUPS

$21,512,608

$22,549,742

Section
237.10.

1

2

3

4

5

A

CDP
CHEMICAL DEPENDENCY PROFESSIONALS BOARD

B

Dedicated
Purpose Fund Group

C

4K90

930609

Operating
Expenses

$1,337,144

$1,487,262

D

5CF1

930600

Peer
Support Program

$292,500

$30,000

E

Dedicated
Purpose Fund Group Total

$1,629,644

$1,517,262

F

TOTAL
ALL BUDGET FUND GROUPS

$1,629,644

$1,517,262

Section
239.10.

1

2

3

4

5

A

CHR
STATE CHIROPRACTIC BOARD

B

Dedicated
Purpose Fund Group

C

4K90

878609

Operating
Expenses

$625,713

$639,017

D

Dedicated
Purpose Fund Group Total

$625,713

$639,017

E

TOTAL
ALL BUDGET FUND GROUPS

$625,713

$639,017

Section
241.10.

1

2

3

4

5

A

CIV
OHIO CIVIL RIGHTS COMMISSION

B

General
Revenue Fund

C

GRF

876321

Operating
Expenses

$7,464,880

$7,763,235

D

General
Revenue Fund Total

$7,464,880

$7,763,235

E

Dedicated
Purpose Fund Group

F

2170

876604

Operations
Support

$5,000

$5,000

G

Dedicated
Purpose Fund Group Total

$5,000

$5,000

H

Federal
Fund Group

I

3340

876601

Federal
Programs

$3,614,239

$3,676,006

J

Federal
Fund Group Total

$3,614,239

$3,676,006

K

TOTAL
ALL BUDGET FUND GROUPS

$11,084,119

$11,444,241

Section
243.10.

1

2

3

4

5

A

COM
DEPARTMENT OF COMMERCE

B

Dedicated
Purpose Fund Group

C

4B20

800631

Real
Estate Appraisal Recovery

$35,000

$35,000

D

4H90

800608

Cemeteries

$326,349

$332,990

E

4X20

800619

Financial
Institutions

$2,129,695

$2,138,176

F

5430

800602

Unclaimed
Funds - Operating

$17,777,906

$17,249,752

G

5430

800625

Unclaimed
Funds - Claims

$90,000,000

$90,000,000

H

5440

800612

Banks

$11,467,455

$11,775,392

I

5460

800610

Fire
Marshal

$30,366,505

$31,171,353

J

5460

800639

Fire
Department Grants

$15,515,000

$7,515,000

K

5480

800611

Real
Estate Recovery

$50,000

$50,000

L

5490

800614

Real
Estate

$7,808,917

$8,014,934

M

5500

800617

Securities

$9,782,453

$10,204,710

N

5520

800604

Credit
Union

$5,194,284

$4,831,282

O

5530

800607

Consumer
Finance

$6,440,712

$7,215,971

P

5560

800615

Industrial
Compliance

$33,508,390

$33,692,610

Q

5BG1

800659

Fireworks
Fee Firefighter Training

$3,000,000

$3,000,000

R

5F10

800635

Small
Government Fire Departments

$600,000

$600,000

S

5FW0

800616

Financial
Literacy Education

$150,000

$150,000

T

5GK0

800609

Securities
Investor Education/Enforcement

$742,863

$542,863

U

5HV0

800641

Cigarette
Enforcement

$27,324

$27,324

V

5LC0

800644

Liquor
JobsOhio Extraordinary Allowance

$200,000

$200,000

W

5LN0

800645

Liquor
Operating Services

$18,105,130

$18,371,853

X

5LP0

800646

Liquor
Regulatory Operating Expenses

$17,782,397

$17,681,629

Y

5SJ0

800648

Volunteer
Peace Officers' Dependent Fund

$50,000

$50,000

Z

5SY0

800650

Medical
Marijuana Control Program

$21,339,688

$21,180,201

AA

5TZ0

800661

Drug
Addiction Partnership

$10,000,000

$10,000,000

AB

5VD0

800653

Real
Estate Home Inspector Recovery

$10,000

$10,000

AC

5X60

800623

Video
Service

$429,981

$441,076

AD

5XK0

800657

Ohio
Investor Recovery

$2,500,000

$2,500,000

AE

6530

800629

UST
Registration/Permit Fee

$2,813,369

$2,824,398

AF

Dedicated
Purpose Fund Group Total

$308,153,418

$301,806,514

AG

Internal
Service Activity Fund Group

AH

1630

800620

Division
of Administration

$11,532,983

$11,239,902

AI

1630

800637

Information
Technology

$12,728,427

$13,134,526

AJ

Internal
Service Activity Fund Group Total

$24,261,410

$24,374,428

AK

Federal
Fund Group

AL

3480

800622

Underground
Storage Tanks

$779,620

$779,620

AM

3480

800624

Leaking
Underground Storage Tanks

$1,899,016

$1,899,016

AN

Federal
Fund Group Total

$2,678,636

$2,678,636

AO

TOTAL
ALL BUDGET FUND GROUPS

$335,093,464

$328,859,578

Section
243.20.
UNCLAIMED
FUNDS - OPERATING

Of
the foregoing appropriation item 800602, Unclaimed Funds - Operating,
$1,000,000 in each fiscal year shall be used by the Division of
Unclaimed Funds to use technologies, outreach, advertising, and other
direct or indirect methods to locate and notify owners of unclaimed
funds, or persons with an established right to ownership of unclaimed
funds, and assist them with filing claims to those unclaimed funds.

UNCLAIMED
FUNDS PAYMENTS

The
foregoing appropriation item 800625, Unclaimed Funds-Claims, shall be
used to pay claims under section 169.08 of the Revised Code. If it is
determined by the Director of Commerce that additional appropriation
amounts are necessary to make such payments, the Director of Commerce
may request that the Director of Budget and Management approve such
increases. Any approved increases are hereby appropriated.

DIVISION
OF REAL ESTATE AND PROFESSIONAL LICENSING

The
foregoing appropriation item 800631, Real Estate Appraisal Recovery,
shall be used to pay settlements, judgments, and court orders under
section 4763.16 of the Revised Code. If it is determined by the
Director of Commerce that additional appropriation amounts are
necessary to make such payments, the Director of Commerce may request
that the Director of Budget and Management approve such increases.
Any approved increases are hereby appropriated.

The
foregoing appropriation item 800611, Real Estate Recovery, shall be
used to pay settlements, judgments, and court orders under section
4735.12 of the Revised Code. If it is determined by the Director of
Commerce that additional appropriation amounts are necessary to make
such payments, the Director of Commerce may request that the Director
of Budget and Management approve such increases. Any approved
increases are hereby appropriated.

The
foregoing appropriation item 800653, Real Estate Home Inspector
Recovery, shall be used to pay settlements, judgments, and court
orders under section 4764.21 of the Revised Code. If it is determined
by the Director of Commerce that additional appropriation amounts are
necessary to make such payments, the Director of Commerce may request
that the Director of Budget and Management approve such increases.
Any approved increases are hereby appropriated.

FIRE
DEPARTMENT GRANTS

(A)
The foregoing appropriation item 800639, Fire Department Grants,
shall be used to make annual grants to the following eligible
recipients: volunteer fire departments, fire departments that serve
one or more small municipalities or small townships, joint fire
districts comprised of fire departments that primarily serve small
municipalities or small townships, local units of government
responsible for such fire departments, and local units of government
responsible for the provision of fire protection services for small
municipalities or small townships. For the purposes of these grants,
a private fire company, as that phrase is defined in section 9.60 of
the Revised Code, that is providing fire protection services under a
contract to a political subdivision of the state, is an additional
eligible recipient for a training grant.

Eligible
recipients that consist of small municipalities or small townships
that all intend to contract with the same fire department or private
fire company for fire protection services may jointly apply and be
considered for a grant. If a joint applicant is awarded a grant, the
State Fire Marshal shall, if feasible, proportionately award the
grant and any equipment purchased with grant funds to each of the
joint applicants based upon each applicant's contribution to and
demonstrated need for fire protection services. For the purpose of
this grant program, an eligible recipient or any firefighting entity
that is contracted to serve an eligible recipient may only file, be
listed as joint applicant, or be designated as a service provider on
one grant application per fiscal year.

If
the grant awarded to joint applicants is an equipment grant and the
equipment to be purchased cannot be readily distributed or possessed
by multiple recipients, each of the joint applicants shall be awarded
by the State Fire Marshal an ownership interest in the equipment so
purchased in proportion to each applicant's contribution to and
demonstrated need for fire protection services. The joint applicants
shall then mutually agree on how the equipment is to be maintained,
operated, stored, or disposed of. If, for any reason, the joint
applicants cannot agree as to how jointly owned equipment is to be
maintained, operated, stored, or disposed of or any of the joint
applicants no longer maintain a contract with the same fire
protection service provider as the other applicants, then the joint
applicants shall, with the assistance of the State Fire Marshal,
mutually agree as to how the jointly owned equipment is to be
maintained, operated, stored, disposed of, or owned. If the joint
applicants cannot agree how the grant equipment is to be maintained,
operated, stored, disposed of, or owned, the State Fire Marshal may,
in its discretion, require all of the equipment acquired by the joint
applicants with grant funds to be returned to the State Fire Marshal.
The State Fire Marshal may then award the returned equipment to any
eligible recipients. For this paragraph only, an "equipment
grant" also includes a MARCS Grant.

(B)
Except as otherwise provided in this section, the grants shall be
used by recipients to purchase firefighting or rescue equipment or
gear or similar items, to provide full or partial reimbursement for
the documented costs of firefighter training, or, at the discretion
of the State Fire Marshal, to cover fire department costs for
providing fire protection services in that grant recipient's
jurisdiction.

(1)
Of the foregoing appropriation item 800639, Fire Department Grants,
up to $1,300,000 per fiscal year may be used to pay for the State
Fire Marshal's costs of providing firefighter I certification classes
or other firefighter classes approved by the State Fire Marshal at no
cost to selected students attending the Ohio Fire Academy or other
class providers approved by the State Fire Marshal. The State Fire
Marshal may establish the qualifications and selection processes for
students to attend such classes by written policy, and such students
shall be considered eligible recipients of fire department grants for
the purposes of this portion of the grant program.

(2)
Of the foregoing appropriation item 800639, Fire Department Grants,
up to $4,000,000 in each fiscal year may be used for MARCS Grants.
MARCS Grants may be used for the payment of user access fees by the
eligible recipient to cover costs for accessing MARCS.

(3)
Of the foregoing appropriation item 800639, Fire Department Grants,
$30,000 in fiscal year 2026 shall be used to support volunteer
firefighter training programs at the Northwestern Ohio Volunteer
Firemen's Association Fire School.

For
purposes of this section, a MARCS Grant is a grant for systems,
equipment, or services that are a part of, integrated into, or
otherwise interoperable with the Multi-Agency Radio Communication
System (MARCS) operated by the state.

MARCS
Grant awards may be up to $50,000 in each fiscal year per eligible
recipient. Each eligible recipient may apply, as a separate entity or
as a part of a joint application, for only one MARCS Grant per fiscal
year. The State Fire Marshal may give a preference to MARCS Grants
that will enhance the overall interoperability and effectiveness of
emergency communication networks in the geographic region that
includes and that is adjacent to the applicant.

Eligible
recipients that are or were awarded fire department grants that are
not MARCS Grants may also apply for and receive MARCS Grants in
accordance with criteria for the awarding of grant funds established
by the State Fire Marshal.

(4)
Grant awards for firefighting or rescue equipment or gear or for fire
department costs of providing fire protection services shall be up to
$15,000 per fiscal year, or up to $25,000 per fiscal year if an
eligible entity serves a jurisdiction in which the Governor declared
a natural disaster during the preceding or current fiscal year in
which the grant was awarded. In addition to any grant funds awarded
for rescue equipment or gear, or for fire department costs associated
with the provision of fire protection services, an eligible entity
may receive a grant for up to $15,000 per fiscal year for full or
partial reimbursement of the documented costs of firefighter
training. For each fiscal year, the State Fire Marshal shall
determine the total amounts to be allocated for each eligible
purpose.

(5)
Of the foregoing appropriation item 800639, Fire Department Grants,
$8,000,000 in fiscal year 2026 shall be used to issue grants to small
county volunteer fire departments located within counties having a
total population that is 70,000 or lower as of the most recent
decennial census.

Small
county volunteer fire department grants may be up to $50,000per
recipient. Grant awards are to be used for firefighting or rescue
equipment or gear, or for fire department costs associated with the
provision of fire protection services.

(C)
The grants shall be administered by the State Fire Marshal in
accordance with rules the State Fire Marshal adopts as part of the
state fire code adopted pursuant to section 3737.82 of the Revised
Code that are necessary for the administration and operation of the
grant program. The rules may further define the entities eligible to
receive grants and establish criteria for the awarding and
expenditure of grant funds, including methods the State Fire Marshal
may use to verify the proper use of grant funds or to obtain
reimbursement for or the return of equipment for improperly used
grant funds. To the extent consistent with this section and until the
rules are updated, the existing rules in the state fire code adopted
pursuant to section 3737.82 of the Revised Code for fire department
grants under this section apply to MARCS Grants. Any amounts in
appropriation item 800639, Fire Department Grants, in excess of the
amount allocated for these grants may be used for the administration
of the grant program.

CASH
TRANSFER FROM THE OHIO HIGHWAY AND TRANSPORTATION SAFETY FUND TO THE
STATE FIRE MARSHAL FUND

On
July 1, 2025 or as soon as possible thereafter, the Director of
Budget and Management shall transfer $8,000,000 cash from the Ohio
Highway and Transportation Safety Fund (Fund 5XI0) to the State Fire
Marshal Fund (Fund 5460).

Section
243.30.
CASH
TRANSFERS TO DIVISION OF REAL ESTATE OPERATING FUND

If
the Real Estate Recovery Fund (Fund 5480) cash balance exceeds
$250,000 during the biennium ending June 30, 2027, the Director of
Budget and Management, upon the written request of the Director of
Commerce, and subject to Controlling Board approval, may transfer
cash from Fund 5480 to the Division of Real Estate Operating Fund
(Fund 5490), such that the amount available in Fund 5480 is not less
than $250,000.

If
the Real Estate Appraiser Recovery Fund (Fund 4B20) cash balance
exceeds $200,000 during the biennium ending June 30, 2027, the
Director of Budget and Management, upon the written request of the
Director of Commerce, and subject to Controlling Board approval, may
transfer cash from Fund 4B20 to the Division of Real Estate Operating
Fund (Fund 5490), such that the amount available in Fund 4B20 is not
less than $200,000.

CASH
TRANSFERS TO SMALL GOVERNMENT FIRE DEPARTMENT SERVICES REVOLVING LOAN
FUND

Upon
the written request of the Director of Commerce, the Director of
Budget and Management, subject to Controlling Board approval, may
transfer up to $600,000 in cash from the State Fire Marshal Fund
(Fund 5460) to the Small Government Fire Department Services
Revolving Loan Fund (Fund 5F10) during the biennium ending June 30,
2027.

CASH
TRANSFERS TO THE OHIO INVESTOR RECOVERY FUND

Upon
the written request of the Director of Commerce, the Director of
Budget and Management may transfer up to $2,500,000 in each fiscal
year from the Division of Securities Fund (Fund 5500) to the Ohio
Investor Recovery Fund (Fund 5XK0) during the biennium ending June
30, 2027. The Director of Commerce may request the transfer of cash
in addition to the $2,500,000, and the Director of Budget and
Management may transfer additional cash in an amount agreed upon with
the Director of Commerce, if sufficient cash is available in Fund
5500. An amount equal to the additional cash transferred under this
section is hereby appropriated to appropriation item 800657, Ohio
Investor Recovery.

The
foregoing appropriation item 800657, Ohio Investor Recovery, shall be
used by the Department of Commerce pursuant to section 1707.47 of the
Revised Code to provide restitution assistance to victims who: (1)
are identified in a final administrative order issued by the Division
of Securities or a final court order in a civil or criminal
proceeding initiated by the Division as a purchaser damaged by a sale
or contract for sale made in violation of Chapter 1707. of the
Revised Code; and (2) have not received the full amount of any
restitution ordered in a final order before the application for
restitution assistance is due.

CASH
TRANSFERS TO THE OHIO FINANCIAL LITERACY EDUCATION FUND

Upon
the written request of the Director of Commerce, the Director of
Budget and Management, at least once every three months, may transfer
cash equal to five per cent of all charges, penalties, and
forfeitures received into the Consumer Finance Fund (Fund 5530) to
the Financial Literacy Education Fund (Fund 5FW0) created under
section 121.085 of the Revised Code.

MEDICAL
MARIJUANA CONTROL PROGRAM

Of
the foregoing appropriation item 800650, Medical Marijuana Control
Program, at least $5,000,000 in each fiscal year shall be used by the
Division of Cannabis Control to regulate adult-use marijuana.

DRUG
ADDICTION PARTNERSHIP

The
foregoing appropriation item 800661, Drug Addiction Partnership,
shall be used to establish a public-private partnership with a
statewide nonprofit corporation to develop and implement cannabis and
related drug misuse prevention, education, and public awareness
initiatives in accordance with section 3780.37 of the Revised Code.
The Division of Cannabis Control shall submit an annual report to the
General Assembly detailing program activities, use of funds, and
measurable outcomes resulting from the public-private partnership.

CLAIMING
UNCLAIMED FUNDS FOR THE STATE OF OHIO AND POLITICAL SUBDIVISIONS OF
THE STATE

(A)
Notwithstanding Chapter 169. of the Revised Code, or any law to the
contrary, the Treasurer of State, in consultation with the Director
of Commerce and Director of Budget and Management, may claim
unclaimed funds in the name of the state and not otherwise
attributable to an administrative department as defined in section
121.02 of the Revised Code. All unclaimed funds pursuant to this
division shall be credited to the General Revenue Fund.

(B)
Notwithstanding Chapter 169. of the Revised Code or any law to the
contrary, the treasurer of any political subdivision within the
state, in consultation with the Director of Commerce and Director of
Budget and Management, may claim unclaimed funds in the name of the
political subdivision or otherwise attributable to the political
subdivision. All unclaimed funds claimed pursuant to this division
shall be credited to the appropriate fund of the political
subdivision.

(C)
Notwithstanding divisions (A) and (B) of this section, any person
claiming a property interest in the unclaimed funds may file a claim
with the Director of Commerce. Upon providing sufficient proof of the
validity of the person's claim, the Director may, in the Director's
discretion, pay the claim less any expenses and costs incurred by the
state or political subdivision in securing full ownership of the
unclaimed funds. If payment has been made to a claim, no action
thereafter may be maintained by any other claimant against the state
or political subdivision of or on account of the payment of the
claim.

Section
245.10.

1

2

3

4

5

A

OCC
OFFICE OF CONSUMERS' COUNSEL

B

Dedicated
Purpose Fund Group

C

5F50

053601

Consumers'
Counsel Operating

$6,720,220

$6,972,030

D

Dedicated
Purpose Fund Group Total

$6,720,220

$6,972,030

E

TOTAL
ALL BUDGET FUND GROUPS

$6,720,220

$6,972,030

Section
247.10.

1

2

3

4

5

A

CEB
CONTROLLING BOARD

B

Internal
Service Activity Fund Group

C

5KM0

911614

Controlling
Board Emergency Purposes/Contingencies

$10,000,000

$10,000,000

D

Internal
Service Activity Fund Group Total

$10,000,000

$10,000,000

E

TOTAL
ALL BUDGET FUND GROUPS

$10,000,000

$10,000,000

Section
247.20.
FEDERAL
SHARE

In
transferring appropriations to or from appropriation items that have
federal shares identified in this act, the Controlling Board shall
add or subtract corresponding amounts of federal matching funds at
the percentages indicated by the state and federal division of the
appropriations in this act. Such changes are hereby appropriated.

Section
249.10.

1

2

3

4

5

A

COS
COSMETOLOGY AND BARBER BOARD

B

Dedicated
Purpose Fund Group

C

4K90

879609

Operating
Expenses

$5,523,412

$5,841,066

D

Dedicated
Purpose Fund Group Total

$5,523,412

$5,841,066

E

TOTAL
ALL BUDGET FUND GROUPS

$5,523,412

$5,841,066

Section
251.10.

1

2

3

4

5

A

CSW
COUNSELOR, SOCIAL WORKER, AND MARRIAGE AND FAMILY THERAPIST BOARD

B

Dedicated
Purpose Fund Group

C

4K90

899609

Operating
Expenses

$2,161,054

$2,291,375

D

Dedicated
Purpose Fund Group Total

$2,161,054

$2,291,375

E

TOTAL
ALL BUDGET FUND GROUPS

$2,161,054

$2,291,375

Section
253.10.

1

2

3

4

5

A

CLA
COURT OF CLAIMS

B

General
Revenue Fund

C

GRF

015321

Operating
Expenses

$3,318,213

$3,468,684

D

GRF

015403

Public
Records Adjudication

$1,145,161

$1,199,582

E

General
Revenue Fund Total

$4,463,374

$4,668,266

F

Dedicated
Purpose Fund Group

G

5K20

015603

CLA
Victims of Crime

$622,100

$649,822

H

5TE0

015604

Public
Records

$2,800

$2,800

I

Dedicated
Purpose Fund Group Total

$624,900

$652,622

J

TOTAL
ALL BUDGET FUND GROUPS

$5,088,274

$5,320,888

Section
255.10.

1

2

3

4

5

A

DEN
STATE DENTAL BOARD

B

Dedicated
Purpose Fund Group

C

4K90

880609

Operating
Expenses

$2,281,030

$2,372,258

D

Dedicated
Purpose Fund Group Total

$2,281,030

$2,372,258

E

TOTAL
ALL BUDGET FUND GROUPS

$2,281,030

$2,372,258

Section
257.10.

1

2

3

4

5

A

BDP
BOARD OF DEPOSIT

B

Dedicated
Purpose Fund Group

C

4M20

974601

Board
of Deposit

$1,688,400

$1,688,400

D

Dedicated
Purpose Fund Group Total

$1,688,400

$1,688,400

E

TOTAL
ALL BUDGET FUND GROUPS

$1,688,400

$1,688,400

Section
257.20.
BOARD
OF DEPOSIT EXPENSE FUND

Upon
receiving certification of expenses from the Treasurer of State, the
Director of Budget and Management shall transfer cash from the
Investment Earnings Redistribution Fund (Fund 6080) to the Board of
Deposit Expense Fund (Fund 4M20). The latter fund shall be used
pursuant to section 135.02 of the Revised Code to pay for any and all
necessary expenses of the Board of Deposit or for banking charges and
fees required for the operation of the State of Ohio Regular Account.

Section
259.10.

1

2

3

4

5

A

DEV
DEPARTMENT OF DEVELOPMENT

B

General
Revenue Fund

C

GRF

195402

Coal
Research and Development Program

$175,000

$175,000

D

GRF

195405

Minority
Business Development

$7,500,000

$8,500,000

E

GRF

195406

Helping
Ohioans Stay in Their Homes

$4,000,000

$4,000,000

F

GRF

195415

Business
Development Services

$3,864,894

$3,807,217

G

GRF

195426

Redevelopment
Assistance

$1,125,000

$1,141,982

H

GRF

195453

Technology
Programs and Grants

$859,360

$868,648

I

GRF

195454

Small
Business and Export Assistance

$3,537,643

$3,807,014

J

GRF

195455

Appalachia
Assistance

$12,680,362

$12,682,630

K

GRF

195497

CDBG
Operating Match

$1,445,867

$1,473,181

L

GRF

195499

BSD
Federal Programs Match

$13,441,064

$13,499,251

M

GRF

1954A7

Residential
Economic Development District Program

$10,000,000

$15,000,000

N

GRF

195503

Local
Development Projects

$2,405,000

$1,250,000

O

GRF

195537

Ohio-Israel
Agricultural Initiative

$500,000

$500,000

P

GRF

195553

Industry
Sector Partnerships

$5,000,000

$5,000,000

Q

GRF

195556

TechCred
Program

$23,205,470

$24,207,322

R

GRF

195595

Workforce
Development Grants

$400,000

$400,000

S

GRF

195901

Coal
Research and Development General Obligation Bond Debt Service

$4,050,000

$2,525,000

T

GRF

195905

Third
Frontier Research and Development General Obligation Bond Debt
Service

$45,000,000

$45,000,000

U

General
Revenue Fund Total

$139,189,660

$143,837,245

V

Dedicated
Purpose Fund Group

W

4500

195624

Minority
Business Bonding Program Administration

$9,875

$9,875

X

4510

195649

Business
Assistance Programs

$3,000,000

$3,000,000

Y

4F20

195639

State
Special Projects

$500,000

$500,000

Z

4F20

195655

Workforce
Development Programs

$188,100

$188,100

AA

4F20

195699

Utility
Community Assistance

$686,947

$0

AB

4F20

1956B7

One-Time
Emergency Projects

$500,000

$0

AC

4W10

195646

Minority
Business Enterprise Loan

$2,000,000

$2,000,000

AD

5AI1

1956G9

Broadband
Pole Replacement and Undergrounding Program

$31,361,299

$0

AE

5AO0

1956H2

Priority
Projects

$17,000,000

$15,800,000

AF

5AP1

1956H3

Welcome
Home Ohio Program

$45,625,000

$45,625,000

AG

5CT1

1956B8

Residential
Development Revolving Loan Program

$100,000,000

$0

AH

5GT0

195550

Broadband
Development Grants

$2,800,000

$2,800,000

AI

5JR0

195635

Tax
Incentives Operating

$1,200,000

$1,200,000

AJ

5KP0

195645

Historic
Rehabilitation Operating

$1,800,000

$1,800,000

AK

5M40

195659

Low
Income Energy Assistance (USF)

$336,627,830

$0

AL

5M50

195660

Advanced
Energy Loan Programs

$8,932,168

$8,940,462

AM

5MH0

195644

SiteOhio
Administration

$5,000

$5,000

AN

5MJ0

195683

TourismOhio
Administration

$11,000,000

$11,000,000

AO

5UL0

195627

Brownfields
Revolving Loan Program

$1,750,000

$1,750,000

AP

5UY0

195496

Sports
Events Grants

$3,000,000

$3,000,000

AQ

5W60

195691

International
Trade Cooperative Projects

$50,000

$50,000

AR

5XH0

195632

Women
Owned Business Loans

$5,000,000

$5,000,000

AS

5XH0

195694

Micro-Loan

$2,500,000

$2,500,000

AT

5XH0

1956I1

Minority
Business Development Loan Administration

$2,000,000

$2,000,000

AU

5YE0

1956A2

Brownfield
Remediation

$100,000,000

$100,000,000

AV

5YF0

1956A3

Demolition
and Site Revitalization

$21,500,000

$21,500,000

AW

6170

195654

Volume
Cap Administration

$40,000

$40,000

AX

6460

195638

Low-
and Moderate-Income Housing Programs

$64,402,825

$64,435,386

AY

Dedicated
Purpose Fund Group Total

$763,479,044

$293,143,823

AZ

Internal
Service Activity Fund Group

BA

1350

195684

Development
Operations

$15,263,246

$15,609,260

BB

6850

195636

Development
Services Reimbursable Expenditures

$250,000

$250,000

BC

Internal
Service Activity Fund Group Total

$15,513,246

$15,859,260

BD

Facilities
Establishment Fund Group

BE

4Z60

195647

Rural
Industrial Park Loan

$5,000,000

$5,000,000

BF

5S90

195628

Capital
Access Loan Program

$1,000,000

$1,000,000

BG

7009

195664

Innovation
Ohio

$17,426,036

$0

BH

7010

195665

Research
and Development

$36,032,990

$0

BI

7037

195615

Facilities
Establishment

$10,000,000

$10,000,000

BJ

Facilities
Establishment Fund Group Total

$69,459,026

$16,000,000

BK

Bond
Research and Development Fund Group

BL

7011

195686

Third
Frontier Tax Exempt - Operating

$1,000,000

$1,000,000

BM

7011

195687

Third
Frontier Research and Development Projects

$1,000,000

$1,000,000

BN

7014

195620

Third
Frontier Taxable - Operating

$2,710,000

$2,710,000

BO

7014

195692

Research
and Development Taxable Bond Projects

$100,000,000

$20,000,000

BP

Bond
Research and Development Fund Group Total

$104,710,000

$24,710,000

BQ

Federal
Fund Group

BR

3080

195581

Energy
Efficiency Revolving Loan Fund Capitalization Grant

$2,500,000

$2,500,000

BS

3080

195602

Appalachian
Regional Commission

$7,500,000

$7,500,000

BT

3080

195603

Housing
Assistance Programs

$12,571,729

$12,576,756

BU

3080

195609

Small
Business Administration Grants

$5,550,000

$5,550,000

BV

3080

195618

Energy
Grants

$11,650,326

$11,661,160

BW

3080

195670

Home
Weatherization Program

$86,079,636

$0

BX

3080

195672

Manufacturing
Extension Partnership

$6,600,000

$6,600,000

BY

3080

195675

Procurement
Technical Assistance

$1,500,000

$1,500,000

BZ

3080

195696

State
Trade and Export Promotion

$500,000

$500,000

CA

3350

195610

Energy
Programs

$350,000

$350,000

CB

3AE0

195643

Workforce
Development Initiatives

$2,000,000

$2,000,000

CC

3FJ0

195626

Small
Business Capital Access and Collateral Enhancement Program

$2,000,000

$2,000,000

CD

3IC0

1956D9

Growth
Capital Fund

$3,250,000

$3,250,000

CE

3IC0

1956E1

Early-Stage
Focus Fund

$1,500,000

$1,500,000

CF

3IC0

1956E2

Community
Development Financial Institution Loan Participation

$10,000,000

$10,000,000

CG

3IC0

1956E3

Collateral
Enhancement Program

$6,000,000

$6,000,000

CH

3IC0

1956H5

State
Small Business Credit Initiative Technical Assistance

$1,500,000

$1,500,000

CI

3IF0

1956E4

Broadband
Equity, Access, and Deployment (BEAD) Program

$793,000,000

$0

CJ

3IF0

1956E5

Broadband
Digital Equity Acts Program

$23,800,000

$476,000

CK

3IM0

195582

Home-Owner
Managing Energy Savings Rebate Program

$15,000,000

$15,000,000

CL

3IM0

195583

High-Efficiency
Electric Home Rebate Program

$15,000,000

$15,000,000

CM

3K80

195613

Community
Development Block Grant

$57,500,000

$57,500,000

CN

3K90

195611

Home
Energy Assistance Block Grant

$180,000,000

$0

CO

3K90

195614

HEAP
Weatherization

$44,000,000

$0

CP

3L00

195612

Community
Services Block Grant

$32,000,000

$0

CQ

3V10

195601

HOME
Program

$53,750,000

$53,750,000

CR

Federal
Fund Group Total

$1,375,101,691

$216,713,916

CS

TOTAL
ALL BUDGET FUND GROUPS

$2,467,452,667

$710,264,244

Section
259.20.
COAL
RESEARCH AND DEVELOPMENT PROGRAM

The
foregoing appropriation item 195402, Coal Research and Development
Program, shall be used for the operating expenses of the Community
Services Division in support of the Ohio Coal Development Office.

MINORITY
BUSINESS DEVELOPMENT

The
foregoing appropriation item 195405, Minority Business Development,
shall be used to support the activities of the Minority Business
Development Division, including providing grants to local nonprofit
organizations to support economic development activities that promote
minority business development, in conjunction with local
organizations funded through appropriation item 195454, Small
Business and Export Assistance.

HELPING
OHIOANS STAY IN THEIR HOMES

The
foregoing appropriation item 195406, Helping Ohioans Stay in their
Homes, shall be granted to People Working Cooperatively for the Safe
and Healthy at Home Initiative.

BUSINESS
DEVELOPMENT SERVICES

The
foregoing appropriation item 195415, Business Development Services,
shall be used for the operating expenses of the Office of Strategic
Business Investments and the regional economic development offices.

Of
the foregoing appropriation item 195415, Business Development
Services, $1,550,000 in fiscal year 2026 and $1,450,000 in fiscal
year 2027 shall be allocated to Development Projects, Inc., for
economic development programs and the creation of new jobs to
leverage and support mission gains at Department of Defense and
related facilities in Ohio by working with future base realignment
and closure activities and ongoing Department of Defense efficiency
and partnership initiatives, assisting efforts to secure Department
of Defense support contracts for Ohio companies, assessing and
supporting regional job and workforce development needs generated by
the Department of Defense and the Ohio aerospace industry, promoting
technology transfer to Ohio businesses, and for expanding job
training and economic development programs in human performance and
cyber security-related initiatives.

REDEVELOPMENT
ASSISTANCE

The
foregoing appropriation item 195426, Redevelopment Assistance, shall
be used to fund the costs of administering the energy, redevelopment,
and other revitalization programs that may be implemented, and may be
used to match federal grant funding.

TECHNOLOGY
PROGRAMS AND GRANTS

The
foregoing appropriation item 195453, Technology Programs and Grants,
shall be used for operating expenses incurred in administering the
Ohio Third Frontier Programs and other technology focused programs
that may be implemented.

SMALL
BUSINESS AND EXPORT ASSISTANCE

The
foregoing appropriation item 195454, Small Business and Export
Assistance, may be used to provide a range of business assistance,
including grants to local organizations to support economic
development activities that promote small business development,
entrepreneurship, and exports of Ohio's goods and services, in
conjunction with local organizations funded through appropriation
item 195405, Minority Business Development. The foregoing
appropriation item shall also be used as matching funds for grants
from the United States Small Business Administration and other
federal agencies, pursuant to Pub. L. No. 96-302 as amended by Pub.
L. No. 98-395, and regulations and policy guidelines for the programs
pursuant thereto.

APPALACHIA
ASSISTANCE

The
foregoing appropriation item 195455, Appalachia Assistance, may be
used for the administrative costs of planning and liaison activities
for the Governor's Office of Appalachia, to provide financial
assistance to projects in Ohio's Appalachian counties, to support
four local development districts, and to pay dues for the Appalachian
Regional Commission. These funds may be used to match federal funds
from the Appalachian Regional Commission. Programs funded through the
appropriation item shall be identified and recommended by the local
development districts and approved by the Governor's Office of
Appalachia. The Department of Development shall conduct compliance
and regulatory review of the programs recommended by the local
development districts. Moneys allocated under the appropriation item
may be used to fund projects including, but not limited to, those
designated by the local development districts as community investment
and rapid response projects.

Of
the foregoing appropriation item 195455, Appalachia Assistance, in
each fiscal year, $210,000 shall be allocated to the Ohio Valley
Regional Development Commission, $210,000 shall be allocated to the
Ohio Mid-Eastern Government Association, $210,000 shall be allocated
to the Buckeye Hills Regional Council, and $210,000 shall be
allocated to the Eastgate Regional Council of Governments. Local
development districts receiving funding under this section shall use
the funds for the implementation and administration of programs and
duties under section 107.21 of the Revised Code.

Of
the foregoing appropriation item 195455, Appalachia Assistance, in
each fiscal year, $1,000,000 shall be allocated to Ohio University's
Voinovich School of Leadership and Public Service to work on behalf
of the Mayor's Partnership for Progress.

Of
the foregoing appropriation item 195455, Appalachia Assistance,
$500,000 in each fiscal year shall be allocated to Shawnee State
University to support its Civic and Culture Program for Appalachia.

Of
the foregoing appropriation item 195455, Appalachia Assistance,
$375,000 in fiscal year 2026 shall be used in coordination with the
Ohio History Connection to celebrate and recognize the Northwest
Ordinance Commemoration.

Of
the foregoing appropriation item 195455, Appalachia Assistance,
$500,000 in fiscal year 2026 and $875,000 in fiscal year 2027 shall
be used to support the Veterans and First Responders Appalachian
Assistance Program. The Director of the Department of Development, in
coordination with the Director of the Department of Veterans
Services, shall set criteria for distributing funding under the
Veterans and First Responders Appalachian Assistance Program.

Of
the foregoing appropriation item 195455, Appalachia Assistance,
$1,500,000 in each fiscal year shall be allocated to the Appalachian
Ohio Manufacturers Coalition, to create a pilot program in Meigs,
Athens, Morgan, Noble, Monroe, and Washington counties to reduce
barriers of workforce reentry for individuals who have graduated from
behavioral health recovery programs. The program shall be jointly
developed and administered with the Appalachian Children Coalition,
in consultation with the Director of the Ohio Department of Mental
Health and Addiction Services.

Of
the foregoing appropriation item 195455, Appalachia Assistance,
$750,000 in each fiscal year shall be allocated to the Outdoor
Recreation Council of Appalachia.

Of
the foregoing appropriation item 195455, Appalachia Assistance,
$375,000 in each fiscal year shall be allocated to FosterHub in
Hocking County.

Of
the foregoing appropriation item 195455, Appalachia Assistance, in
each fiscal year, $250,000 shall be allocated to Integrated Services
for Behavioral Health to support a behavioral health emergency pilot
program.

Of
the foregoing appropriation item 195455, Appalachia Assistance, in
each fiscal year, $100,000 shall be allocated to the Tuscarawas
County Commissioners for the Tuscarawas County Growth Initiative.

Of
the foregoing appropriation item 195455, Appalachia Assistance, in
each fiscal year, $150,000 shall be allocated to the City of Athens
for a southeast Ohio regional agricultural initiative.

CDBG
OPERATING MATCH

The
foregoing appropriation item 195497, CDBG Operating Match, shall be
used as matching funds for grants from the United States Department
of Housing and Urban Development pursuant to the Housing and
Community Development Act of 1974 and regulations and policy
guidelines for the programs pursuant thereto.

BSD
FEDERAL PROGRAMS MATCH

The
foregoing appropriation item 195499, BSD Federal Programs Match,
shall be used as matching funds for grants from the U.S. Department
of Commerce, National Institute of Standards and Technology
Manufacturing Extension Partnership Program and Department of Defense
APEX Accelerator Program, and other federal agencies, pursuant to
Pub. L. No. 96-302 as amended by Pub. L. No. 98-395, and regulations
and policy guidelines for the programs pursuant thereto. The
appropriation item shall also be used for operating expenses of the
Business Services Division.

RESIDENTIAL
ECONOMIC DEVELOPMENT DISTRICT PROGRAM

The
foregoing appropriation item 1954A7, Residential Economic Development
District Program
,

shall be used to issue grants to support workforce housing
development under section 122.636 of the Revised Code.

An
amount equal to the unexpended, unencumbered balance of appropriation
item 1954A7, Residential Economic Development District Program, at
the end of fiscal year 2026 is hereby reappropriated to the same
appropriation item for the same purpose in fiscal year 2027.

LOCAL
DEVELOPMENT PROJECTS

Of
the foregoing appropriation item 195503, Local Development Projects,
$500,000 in each fiscal year shall be granted to Baldwin Wallace
University to expand the Northeast Ohio Flight Information Exchange
(NEOFIX) and support development of flight information exchanges in
other communities in Ohio.

Of
the foregoing appropriation item 195503, Local Development Projects,
$500,000 in fiscal year 2026 shall be granted to the Mahoning Valley
Scrappers for stadium maintenance and improvements.

Of
the foregoing appropriation item 195503, Local Development Projects,
$500,000 in fiscal year 2026 shall be granted to NewBridge Cleveland
Center for Arts and Technology to support at-risk adult learner
healthcare professional certification and job placement.

Of
the foregoing appropriation item 195503, Local Development Projects,
$250,000 in each fiscal year shall be granted to Neighborhood
Alliance to support the homeless shelter in Lorain County.

Of
the foregoing appropriation item 195503, Local Development Projects,
$250,000 in each fiscal year shall be granted to the city of
Coshocton to design and construct a water line extension to serve the
village of Warsaw and the River View School.

Of
the foregoing appropriation item 195503, Local Development Projects,
$250,000 in each fiscal year shall be granted to Freedom a la Cart to
support workforce initiatives and programs for human trafficking
survivors.

Of
the foregoing appropriation item 195503, Local Development Projects,
$85,000 in fiscal year 2026 shall be granted to the Stark County
Minority Business Association to support the development and
operation of the Kirk Schuring Business Development Center and
Innovation Hub.

Of
the foregoing appropriation item 195503, Local Development Projects,
$45,000 in fiscal year 2026 shall be used for the installation of
baby boxes at local fire departments. Under this program, the
Director of Development shall select one local fire department in
each of Geauga, Lake, and Portage counties to grant $15,000 for the
installation of baby boxes.

Of
the foregoing appropriation item 195503, Local Development Projects,
$15,000 in fiscal year 2026 shall be granted to the Village of Grand
River for sidewalk improvements and repairs.

Of
the foregoing appropriation item 195503, Local Development Projects,
$10,000 in fiscal year 2026 shall be granted to the Salem Worlds War
Memorial Building Association to support the development of a job
training center.

OHIO-ISRAEL
AGRICULTURAL INITIATIVE

The
foregoing appropriation item 195537, Ohio-Israel Agricultural
Initiative, shall be used for the Ohio-Israel Agricultural
Initiative. The appropriation shall not be used for travel and
entertainment expenses incurred under the initiative.

SECTOR
PARTNERSHIP NETWORKS

The
foregoing appropriation item 195553, Industry Sector Partnerships,
shall be used for the grant program described in section 122.179 of
the Revised Code.

TECHCRED
PROGRAM

The
foregoing appropriation item 195556, TechCred Program, shall be used
for the programs described under sections 122.178, 122.1710,
122.1712, and 122.1713 of the Revised Code.

WORKFORCE
DEVELOPMENT GRANTS

Of
the foregoing appropriation item 195595, Workforce Development
Grants, $133,333 in each fiscal year shall be granted to Apollo
Career and Technical Center to support the Ohio Oil and Gas Career
Jumpstart Program.

Of
the foregoing appropriation item 195595, Workforce Development
Grants, $133,333 in each fiscal year shall be granted to Mahoning
Career and Technical Center to support the Ohio Oil and Gas Career
Jumpstart Program.

Of
the foregoing appropriation item 195595, Workforce Development
Grants, $133,333 in each fiscal year shall be granted to Washington
County Career Center to support the Ohio Oil and Gas Career Jumpstart
Program.

Section
259.25.
COAL
RESEARCH AND DEVELOPMENT GENERAL OBLIGATION BOND DEBT SERVICE

The
foregoing appropriation line item 195901, Coal Research and
Development General Obligation Bond Debt Service, shall be used to
pay all debt service and related financing costs during the period
July 1, 2025, through June 30, 2027, on obligations issued under
sections 151.01 and 151.07 of the Revised Code.

THIRD
FRONTIER RESEARCH AND DEVELOPMENT GENERAL OBLIGATION BOND DEBT
SERVICE

The
foregoing appropriation item 195905, Third Frontier Research and
Development General Obligation Bond Debt Service, shall be used to
pay all debt service and related financing costs during the period
from July 1, 2025, through June 30, 2027, on obligations issued under
sections 151.01 and 151.10 of the Revised Code.

Section
259.30.
BUSINESS
ASSISTANCE PROGRAMS

The
foregoing appropriation item 195649, Business Assistance Programs,
shall be used for administrative expenses associated with the
operation of loan incentives.

STATE
SPECIAL PROJECTS

The
State Special Projects Fund (Fund 4F20), may be used for the deposit
of private-sector funds from utility companies and for the deposit of
other miscellaneous state funds. State moneys so deposited may also
be used to match federal funding and to support programs of the
Community Service Division and Business Services Division.

ONE-TIME
EMERGENCY PROJECTS

The
foregoing appropriation item 1956B7, One-Time Emergency Projects,
shall be granted to Boardman Township to provide matching funds for
the flood mitigation assistance grant awarded to the township by the
Federal Emergency Management Agency.

CASH
TRANSFER FROM THE CONTROLLING BOARD EMERGENCY PURPOSES/CONTINGENCIES
FUND TO THE STATE SPECIAL PROJECTS FUND

On
July 1 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer up to $500,000 cash from the
Controlling Board Emergency Purposes/Contingencies Fund (Fund 5KM0)
to the State Special Projects Fund (Fund 4F20).

MINORITY
BUSINESS ENTERPRISE LOAN

The
foregoing appropriation item 195646, Minority Business Enterprise
Loan, shall be used for awards under the Minority Business Enterprise
Loan Program and to cover operating expenses of the Minority Business
Development Division. All repayments from the Minority Development
Financing Advisory Board Loan Program shall be deposited in the state
treasury to the credit of the Minority Business Enterprise Loan Fund
(Fund 4W10).

BROADBAND
POLE REPLACEMENT AND UNDERGROUNDING PROGRAM

The
foregoing appropriation item 1956G9, Broadband Pole Replacement and
Undergrounding Program, shall be used by the Department of
Development to support the Broadband Pole Replacement and
Undergrounding Program under section 191.27 of the Revised Code.

TRANSFER
FROM THE BROADBAND POLE REPLACEMENT FUND TO THE OHIO RESIDENTIAL
BROADBAND EXPANSION GRANT PROGRAM FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer $3,600,000 cash from the
Broadband Pole Replacement and Undergrounding Program Fund (Fund
5AI1) to the Ohio Residential Broadband Expansion Grant Program Fund
(Fund 5GT0).

PRIORITY
PROJECTS

(A)
Of the foregoing appropriation item 1956H2, Priority Projects,
$750,000 in each fiscal year shall be allocated to the Center on
Appalachian Innovation at Marietta College.

(B)
Of the foregoing appropriation item 1956H2, Priority Projects,
$625,000 in each fiscal year shall be allocated to the Excellence
Training Center at Youngstown State University.

(C)
Of the foregoing appropriation item 1956H2, Priority Projects,
$500,000 in each fiscal year shall be used to continue support and
expansion of the Clark County unmanned and general aviation STEM
pilot programs in all Ohio counties.

(D)
Of the foregoing appropriation item 1956H2, Priority Projects,
$500,000 in each fiscal year shall be used to support the Ohio
Aerospace Institute's Space Grant Consortium.

(E)
Of the foregoing appropriation item 1956H2, Priority Projects,
$400,000 in fiscal year 2026 shall be distributed to the Showers
Family Foundation to support the high school education of students
with multiple disabilities, including Autism and Down Syndrome,
provided that a local match in the same amount is provided.

(F)
Of the foregoing appropriation item 1956H2, Priority Projects,
$250,000 in each fiscal year shall be used to support the U.S. Route
30 expansion in Carroll, Stark, and Columbiana counties.

(G)
Of the foregoing appropriation item 1956H2, Priority Projects,
$350,000 in each fiscal year shall be distributed to the Fairfield
County Workforce Center to support pre-apprenticeship program costs,
including those for instructors, certification exams, books, software
licenses, and tools needed for students.

(H)
Of the foregoing appropriation item 1956H2, Priority Projects,
$100,000 in each fiscal year shall be distributed to S.U.C.C.E.S.S.
for Autism to expand an interprofessional pilot program for the
purpose of training professionals in The S.U.C.C.E.S.S. Approach, a
comprehensive neurodevelopmental learning model for all students.

(I)
Of the foregoing appropriation item 1956H2, Priority Projects,
$250,000 in fiscal year 2026 shall be granted to the Eastgate
Regional Council of Governments to support the study and construction
of an oil and natural gas pipeline within Ashtabula, Columbiana,
Mahoning, and Trumbull counties.

(J)
Of the foregoing appropriation item 1956H2, Priority Projects,
$175,000 in each fiscal year shall be granted to the Buckeye Lake
Region Corporation to support community development.

(K)
Of the foregoing appropriation item 1956H2, Priority Projects,
$200,000 in fiscal year 2026 and $250,000 in fiscal year 2027 shall
be distributed to the Mid-East Career and Technology Centers for the
purchase of CDL training simulators.

(L)
Of the foregoing appropriation item 1956H2, Priority Projects,
$1,000,000 in each fiscal year shall be granted to the Ohio Life
Sciences Foundation for workforce development projects.

(M)
Of the foregoing appropriation item 1956H2, Priority Projects,
$1,000,000 in fiscal year 2026 and $1,500,000 in fiscal year 2027
shall be distributed to Southern State Community College for the Ohio
Code-Scholar Program under section 3313.905 of the Revised Code, as
reenacted by this act.

(N)
Of the foregoing appropriation item 1956H2, Priority Projects, up to
$200,000 in fiscal year 2026 shall be used to provide public safety
services at the Voices of America Country Music Festival in West
Chester Township on the condition that a local match in the same
amount is provided.

(O)
Of the foregoing appropriation item 1956H2, Priority Projects,
$250,000 in each fiscal year shall be used to support The Ohio State
University East Side Dental Clinic.

(P)
Of the foregoing appropriation item 1956H2, Priority Projects,
$10,450,000 in fiscal year 2026 and $9,550,000 in fiscal year 2027
shall be used for the U.S. Route 30 OARnet Broadband Extension
project. This project shall include construction of a wholesale
middle-mile network along Route 30 consisting of two sections from
the preexisting OARnet backbone network and points-of-presence, one
from the Canton area and the other from the Lima area, which will
connect in Mansfield.

An
amount equal to the unexpended, unencumbered portion of appropriation
item 1956H2, Priority Projects, allocated for the U.S. Route 30
OARnet Broadband Extension project at the end of fiscal year 2026 is
hereby reappropriated to the same appropriation item for the same
purpose in fiscal year 2027.

WELCOME
HOME OHIO PROGRAM

The
foregoing appropriation item 1956H3, Welcome Home Ohio Program, shall
be used for grants under the Welcome Home Ohio Program established in
sections 122.631 through 122.633 of the Revised Code. Of the
foregoing appropriation item 1956H3, Welcome Home Ohio Program,
$22,812,500 in each fiscal year shall be used to distribute grants to
purchase residential property at foreclosure sales under section
122.631 of the Revised Code. Of the foregoing appropriation item
1956H3, Welcome Home Ohio Program, $22,812,500 in each fiscal year
shall be used to distribute grants to rehabilitate or construct
residential property for income-restricted owners under section
122.632 of the Revised Code.

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer $50,000,000 cash from the Local
Government Tangible Property Tax Replacement Fund (Fund 7081) to the
Welcome Home Ohio Fund (Fund 5AP1).

ADVANCED
ENERGY LOAN PROGRAMS

The
foregoing appropriation item 195660, Advanced Energy Loan Programs,
shall be used to provide financial assistance to customers for
eligible advanced energy projects for residential, commercial, and
industrial business, local government, educational institution,
nonprofit, and agriculture customers. The appropriation item may be
used to match federal grant funding and to pay for the program's
administrative costs as provided in sections 4928.61 to 4928.63 of
the Revised Code and rules adopted by the Director of Development.

SPORTS
EVENTS GRANTS

The
foregoing appropriation item 195496, Sports Events Grants, shall be
used for grants as described in sections 122.12 and 122.121 of the
Revised Code.

WOMEN
OWNED BUSINESS LOAN

The
foregoing appropriation item 195632, Women Owned Business Loan, shall
be used to operate the Women Owned Business Loan Program.

MINORITY
BUSINESS MICRO-LOAN

The
foregoing appropriation item 195694, Micro-Loan, shall be used to
operate the Minority Business Micro-Loan Program.

MBD
LOAN ADMINISTRATION

The
foregoing appropriation item 1956I1, MBD Loan Administration, shall
be used to operate the Women Owned Loan and Minority Business
Micro-Loan Programs.

TRANSFER
FROM THE STATE SMALL BUSINESS CREDIT INITIATIVE FUND TO THE MBD
FINANCIAL ASSISTANCE FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management may transfer $4,000,000 cash from the State
Small Business Credit Initiative Fund (Fund 3FJ0) to the MBD
Financial Assistance Fund (Fund 5XH0). All repayments of loans issued
under Fund 5XH0 shall be credited to the fund.

Upon
the completion of the original Collateral Enhancement Program, the
Director of Development shall certify to the Director of Budget and
Management the remaining cash balance in the State Small Business
Credit Initiative Fund (Fund 3FJ0). The Director of Budget and
Management may transfer the certified amount from Fund 3FJ0 to the
MBD Financial Assistance Fund (Fund 5XH0).

ALL
OHIO FUTURE FUND

The
foregoing appropriation item 195576, All Ohio Future Fund, shall be
used for the purposes enumerated in section 126.62 of the Revised
Code.

BROWNFIELD
REMEDIATION

The
foregoing appropriation item 1956A2, Brownfield Remediation, shall be
used to award grants under the Brownfield Remediation Program as
described in section 122.6511 of the Revised Code. Of the foregoing
appropriation item 1956A2, Brownfield Remediation, up to two and
one-half percent in each fiscal year may be used to pay the
administrative costs of the program.

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer $200,000,000 cash from the All
Ohio Future Fund (Fund 5XM0) to the Brownfield Remediation Fund (Fund
5YE0).

DEMOLITION
AND SITE REVITALIZATION

The
appropriation item 1956A3, Demolition and Site Revitalization, shall
be used to award grants and to pay associated administrative costs
under the Building Demolition and Site Revitalization Program as
described in section 122.6512 of the Revised Code.

An
amount equal to the unexpended, unencumbered balance of appropriation
item 1956A3, Demolition and Site Revitalization, at the end of fiscal
year 2026 is hereby reappropriated to the same appropriation item for
the same purpose in fiscal year 2027.

On
July 1 of each fiscal year, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $20,000,000 cash
from the Local Government Tangible Property Tax Replacement Fund
(Fund 7081) to the Building Demolition and Site Revitalization Fund
(Fund 5YF0).

VOLUME
CAP ADMINISTRATION

The
foregoing appropriation item 195654, Volume Cap Administration, shall
be used for expenses related to the administration of the Volume Cap
Program. Revenues received by the Volume Cap Administration Fund
(Fund 6170) shall consist of application fees, forfeited deposits,
and interest earned from the custodial account held by the Treasurer
of State.

RESIDENTIAL
DEVELOPMENT REVOLVING LOAN PROGRAM

The
foregoing appropriation item 1956B8, Residential Development
Revolving Loan Program, shall be used to award loans under the
Residential Development Loan Program as described in sections 122.98
and 122.981 of the Revised Code.

The
unexpended, unencumbered balance of appropriation item 1956B8,
Residential Development Revolving Loan Program, at the end of fiscal
year 2026 is hereby reappropriated to the same appropriation item for
the same purpose in fiscal year 2027.

Section
259.40.
DEVELOPMENT
OPERATIONS

The
Director of Development may assess offices of the department for the
cost of central service operations. An assessment shall contain the
characteristics of administrative ease and uniform application. A
division's payments shall be credited to the Supportive Services Fund
(Fund 1350) using an intrastate transfer voucher.

DEVELOPMENT
SERVICES REIMBURSABLE EXPENDITURES

The
foregoing appropriation item 195636, Development Services
Reimbursable Expenditures, shall be used for reimbursable costs
incurred by the department. Revenues to the General Reimbursement
Fund (Fund 6850) shall consist of moneys charged for administrative
costs that are not central service costs and repayments of loans,
including the interest thereon, made from the Water and Sewer Fund
(Fund 4440).

Section
259.50.
RURAL
INDUSTRIAL PARK LOAN

The
foregoing appropriation item 195647, Rural Industrial Park Loan,
shall be used to award loans under the Rural Industrial Park Loan
Program established in section 122.24 of the Revised Code. Rural
Industrial Park Loans awarded under the appropriation item shall not
exceed $4,000,000.

TRANSFER
FROM THE RESEARCH AND DEVELOPMENT LOAN FUND TO THE BUSINESS
ASSISTANCE FUND

Notwithstanding
Chapter 166. of the Revised Code, the Director of Budget and
Management may transfer up to $3,000,000 cash in each fiscal year
from the Research and Development Loan Fund (Fund 7010) to the
Business Assistance Fund (Fund 4510), subject to Controlling Board
approval.

CAPITAL
ACCESS LOAN PROGRAM

The
foregoing appropriation item 195628, Capital Access Loan Program,
shall be used for operating, program, and administrative expenses of
the program. Capital Access Loan Program funds shall be used in
accordance with section 122.603 of the Revised Code to assist
participating financial institutions in making program loans to
eligible businesses that face barriers in accessing working capital
and obtaining fixed-asset financing.

The
Director of Budget and Management may transfer an amount not to
exceed $1,000,000 cash in each fiscal year between the Minority
Business Enterprise Loan Fund (Fund 4W10) and the Capital Access Loan
Fund (Fund 5S90), subject to Controlling Board approval.

FACILITIES
ESTABLISHMENT

The
foregoing appropriation item 195615, Facilities Establishment, shall
be used for the purposes of the Facilities Establishment Fund (Fund
7037) under Chapter 166. of the Revised Code.

In
the biennium ending June 30, 2027, notwithstanding section 127.14 and
division (B) of section 131.35 of the Revised Code, the Controlling
Board may authorize expenditures, in excess of the amount
appropriated, but not to exceed the limitation set in division (E) of
section 131.35 of the Revised Code, using the Facilities
Establishment Fund (Fund 7037) for purposes consistent with Chapter
166. of the Revised Code. The amounts authorized by the Controlling
Board are hereby appropriated.

Section
259.60.
THIRD
FRONTIER OPERATING COSTS

The
foregoing appropriation items 195686, Third Frontier Tax Exempt
Operating, and 195620, Third Frontier Taxable - Operating, shall be
used for operating expenses incurred in administering projects
pursuant to sections 184.10 to 184.20 of the Revised Code. Operating
expenses paid from appropriation item 195686 shall be limited to the
administration of projects funded from the Third Frontier Research
and Development Fund (Fund 7011), and operating expenses paid from
appropriation item 195620 shall be limited to the administration of
projects funded from the Third Frontier Research and Development
Taxable Bond Project Fund (Fund 7014).

THIRD
FRONTIER RESEARCH AND DEVELOPMENT TAXABLE AND TAX EXEMPT PROJECTS

The
foregoing appropriation items 195687, Third Frontier Research and
Development Projects, and 195692, Research and Development Taxable
Bond Projects, shall be used to fund selected projects, which may
include internship programs. Eligible costs are those costs of
research and development projects to which the proceeds of Fund 7011
and Fund 7014 are to be applied.

TRANSFERS
OF THIRD FRONTIER APPROPRIATIONS

The
Director of Budget and Management may approve written requests from
the Director of Development for the transfer of appropriations
between appropriation items 195687, Third Frontier Research and
Development Projects, and 195692, Research and Development Taxable
Bond Projects, based upon awards recommended by the Third Frontier
Commission.

In
fiscal year 2026, the Director of Development may request that the
Director of Budget and Management reappropriate any unexpended,
unencumbered balances of the prior fiscal year's appropriation to the
foregoing appropriation items 195687, Third Frontier Research and
Development Projects, and 195692, Research and Development Taxable
Bond Projects, for fiscal year 2026. The Director of Budget and
Management may request additional information necessary for
evaluating these requests, and the Director of Development shall
provide the requested information to the Director of Budget and
Management. Based on the information provided by the Director of
Development, the Director of Budget and Management shall determine
the amounts to be reappropriated, and those amounts are hereby
reappropriated for fiscal year 2026.

Section
259.70.
BROADBAND
EQUITY, ACCESS, AND DEPLOYMENT PROGRAM (BEAD)

The
foregoing appropriation item 1956E4, Broadband Equity, Access, and
Deployment Program (BEAD), shall be used to build infrastructure that
supports the adoption of high-speed internet.

HEAP
WEATHERIZATION

Up
to twenty-five per cent of the federal funds deposited to the credit
of the Home Energy Assistance Block Grant Fund (Fund 3K90) may be
expended from appropriation item 195614, HEAP Weatherization, to
provide home weatherization services in the state as determined by
the Director of Development.

Section
261.10.

1

2

3

4

5

A

DDD
DEPARTMENT OF DEVELOPMENTAL DISABILITIES

B

General
Revenue Fund

C

GRF

320411

Special
Olympics

$250,000

$250,000

D

GRF

320412

Protective
Services

$3,200,000

$3,200,000

E

GRF

320415

Developmental
Disabilities Facilities Lease Rental Bond Payments

$27,500,000

$24,200,000

F

GRF

322422

Multi
System Youth

$5,000,000

$5,000,000

G

GRF

322423

Technology
First

$2,700,000

$2,700,000

H

GRF

322508

Employment
First Initiative

$2,700,000

$2,700,000

I

GRF

322509

Community
Supports and Rental Assistance

$1,265,000

$944,000

J

GRF

322510

Best
Buddies Ohio

$100,000

$100,000

K

GRF

653321

Medicaid
Program Support - State

$8,163,217

$8,300,000

L

GRF

653407

Medicaid
Services

$1,127,127,000

$1,140,627,000

M

General
Revenue Fund Total

$1,178,005,217

$1,188,021,000

N

Dedicated
Purpose Fund Group

O

2210

322620

Supplement
Service Trust

$500,000

$500,000

P

4890

653632

Developmental
Centers Direct Care Services

$7,000,000

$7,000,000

Q

5DK0

322629

Capital
Replacement Facilities

$750,000

$750,000

R

5EV0

653627

Medicaid
Program Support

$2,540,000

$2,540,000

S

5GE0

320606

Central
Office Operating Expenses

$20,914,384

$21,180,026

T

5GE0

653606

ICF/IID
and Waiver Match

$60,000,000

$60,000,000

U

5H00

322619

Medicaid
Repayment

$900,000

$900,000

V

5S20

653622

Medicaid
Administration and Oversight

$36,000,000

$36,000,000

W

5Z10

653624

County
Board Waiver Match

$688,000,000

$752,000,000

X

Dedicated
Purpose Fund Group Total

$816,604,384

$880,870,026

Y

Internal
Service Activity Fund Group

Z

1520

653609

DC
and Residential Facilities Operating Services

$20,000,000

$20,000,000

AA

Internal
Service Activity Fund Group Total

$20,000,000

$20,000,000

AB

Federal
Fund Group

AC

3250

322612

Community
Social Service Programs

$15,075,000

$15,075,000

AD

3A40

653654

Medicaid
Services

$3,385,530,510

$3,545,767,920

AE

3A40

653655

Medicaid
Support

$92,000,000

$97,000,000

AF

3A50

320613

Developmental
Disabilities Council

$3,369,230

$3,408,234

AG

Federal
Fund Group Total

$3,495,974,740

$3,661,251,154

AH

TOTAL
ALL BUDGET FUND GROUPS

$5,510,584,341

$5,750,142,180

Section
261.20.
SPECIAL
OLYMPICS

The
foregoing appropriation item 320411, Special Olympics, shall be
distributed by the Ohio Department of Developmental Disabilities to
the Special Olympics of Ohio in support of the Ohio Special Olympics
Summer Games.

Section
261.30.
DEVELOPMENTAL
DISABILITIES FACILITIES LEASE-RENTAL BOND PAYMENTS

The
foregoing appropriation item 320415, Developmental Disabilities
Facilities Lease Rental Bond Payments, shall be used to meet all
payments during the period from July 1, 2025, through June 30, 2027,
by the Department of Developmental Disabilities pursuant to leases
and agreements made under section 154.20 of the Revised Code. These
appropriations are the source of funds pledged for bond service
charges on related obligations issued under Chapter 154. of the
Revised Code.

Section
261.40.
MULTI-SYSTEM
YOUTH

Of
the foregoing appropriation item 322422, Multi-System Youth, a
portion may be used to provide a subsidy to eligible county boards of
developmental disabilities for the provision of respite services and
other services and supports for youth with complex or multi-system
needs to enable them to remain in their homes with their families or
in their communities. The Director of Developmental Disabilities
shall establish the total amount available for the subsidy, a formula
for distributing the subsidy to eligible county boards, and the
eligibility requirements county boards must satisfy to receive the
subsidy.

Section
261.50.
TECHNOLOGY
FIRST

Of
the foregoing appropriation item 322423, Technology First, a portion
may be used to increase access and utilization of innovative
technology for people with developmental disabilities in accordance
with the Technology First Policy established in section 5123.025 of
the Revised Code.

Section
261.60.
EMPLOYMENT
FIRST INITIATIVE

The
foregoing appropriation item 322508, Employment First Initiative,
shall be used to increase employment opportunities for individuals
with developmental disabilities through the Employment First
Initiative in accordance with section 5123.022 of the Revised Code.

Of
the foregoing appropriation item, 322508, Employment First
Initiative, the Director of Developmental Disabilities shall
transfer, in each fiscal year, to the Opportunities for Ohioans with
Disabilities Agency an amount agreed upon by the Director of
Developmental Disabilities and the Executive Director of the
Opportunities for Ohioans with Disabilities Agency. The transfer
shall be made via an intrastate transfer voucher. The transferred
funds shall be used to support the Employment First Initiative. The
Opportunities for Ohioans with Disabilities Agency shall use the
funds transferred as state matching funds to obtain available federal
grant dollars for vocational rehabilitation services. Any federal
match dollars received by the Opportunities for Ohioans with
Disabilities Agency shall be used for the initiative. The Director of
Developmental Disabilities and the Executive Director of the
Opportunities for Ohioans with Disabilities Agency shall enter into
an interagency agreement in accordance with section 3304.181 of the
Revised Code that will specify the responsibilities of each agency
under the initiative. Under the interagency agreement, the
Opportunities for Ohioans with Disabilities Agency shall retain
responsibility for eligibility determination, order of selection,
plan approval, plan amendment, and release of vendor payments.

The
remainder of appropriation item 322508, Employment First Initiative,
shall be used to develop a long-term, sustainable system that places
individuals with developmental disabilities in community employment,
as defined in section 5123.022 of the Revised Code.

Section
261.61.
ACHIEVEMENT
CENTERS FOR CHILDREN

Of
the foregoing appropriation item 322509, Community Supports and
Rental Assistance, $190,000 in each fiscal year shall be distributed
to the Achievement Centers for Children to provide family support
services and respite care for children with disabilities and their
families.

Section
261.62.
HUDSON
COMMUNITY LIVING

Of
the foregoing appropriation item 322509, Community Supports and
Rental Assistance, $225,000 in fiscal year 2026 and $54,000 in fiscal
year 2027 shall be distributed to Hudson Community Living to support
maintenance and operations in serving adults with developmental
disabilities.

Section
261.70.
COMMUNITY
SUPPORTS AND RENTAL ASSISTANCE

The
foregoing appropriation item 322509, Community Supports and Rental
Assistance, may be used by the Director of Developmental Disabilities
to provide funding to county boards of developmental disabilities for
rental assistance to individuals with developmental disabilities
receiving home and community-based services as defined in section
5123.01 of the Revised Code pursuant to section 5124.60 of the
Revised Code or section 5124.69 of the Revised Code and individuals
with developmental disabilities who enroll in a Medicaid waiver
component providing home and community-based services after receiving
preadmission counseling pursuant to section 5124.68 of the Revised
Code. The Director shall establish the methodology for determining
the amount and distribution of such funding.

Section
261.72.
FRIENDSHIP
CIRCLE OF CLEVELAND

Of
the foregoing appropriation item 322509, Community Supports and
Rental Assistance, $150,000 in fiscal year 2026 shall be distributed
to the Friendship Circle of Cleveland to provide family support
services and respite care for children with disabilities and their
families.

Section
261.73.
BEST
BUDDIES OHIO

The
foregoing appropriation item 322510, Best Buddies Ohio, shall be
provided to the Best Buddies Ohio program to support the delivery and
expansion of skills-building services throughout Ohio schools and
communities.

Section
261.80.
MEDICAID
SERVICES

(A)
As used in this section:

(1)
"Home and community-based services" has the same meaning as
in section 5123.01 of the Revised Code.

(2)
"ICF/IID services" has the same meaning as in section
5124.01 of the Revised Code.

(B)
Except as provided in section 5123.0416 of the Revised Code, the
purposes for which the foregoing appropriation item 653407, Medicaid
Services, shall be used include the following:

(1)
Home and community-based services;

(2)
ICF/IID services; and

(3)
Other programs as identified by the Director of Developmental
Disabilities.

Section
261.90.
CENTRAL
OFFICE OPERATING EXPENSES

Of
the foregoing appropriation item 320606, Central Office Operating
Expenses, $100,000 in each fiscal year shall be provided to the Ohio
Center for Autism and Low Incidence to establish a lifespan autism
hub to support families and professionals.

Section
261.100.
COUNTY
BOARD SHARE OF WAIVER SERVICES

As
used in this section, "home and community-based services"
has the same meaning as in section 5123.01 of the Revised Code.

The
Director of Developmental Disabilities shall establish a methodology
to be used in fiscal year 2026 and fiscal year 2027 to estimate the
quarterly amount each county board of developmental disabilities is
to pay of the nonfederal share of home and community-based services
that section 5126.0510 of the Revised Code requires county boards to
pay. Each quarter, the Director shall submit to a county board
written notice of the amount the county board is to pay for that
quarter. The notice shall specify when the payment is due.

Section
261.110.
WITHHOLDING
OF FUNDS OWED THE DEPARTMENT

If
a county board of developmental disabilities does not fully pay any
amount owed to the Department of Developmental Disabilities by the
due date established by the Department, the Director of Developmental
Disabilities may withhold the amount the county board did not pay
from any amounts due to the county board. The Director may use any
appropriation item or fund used by the Department to transfer cash to
any other fund used by the Department in an amount equal to the
amount owed the Department that the county board did not pay.
Transfers under this section shall be made using an intrastate
transfer voucher.

Section
261.120.
ODODD
INNOVATIVE PILOT PROJECTS

(A)
In fiscal year 2026 and fiscal year 2027, the Director of
Developmental Disabilities may authorize the continuation or
implementation of one or more innovative pilot projects that, in the
judgment of the Director, are likely to assist in promoting the
objectives of Chapter 5123. or 5126. of the Revised Code. Subject to
division (B) of this section and notwithstanding any provision of
Chapters 5123. and 5126. of the Revised Code and any rule adopted
under either chapter, a pilot project authorized by the Director may
be continued or implemented in a manner inconsistent with one or more
provisions of either chapter or one or more rules adopted under
either chapter. Before authorizing a pilot program, the Director
shall consult with entities interested in the issue of developmental
disabilities, including the Ohio Provider Resource Association, Ohio
Association of County Boards of Developmental Disabilities, Ohio
Health Care Association/Ohio Centers for Intellectual Disabilities,
the Values and Faith Alliance, and ARC of Ohio.

(B)
The Director may not authorize a pilot project to be implemented in a
manner that would cause the state to be out of compliance with any
requirements for a program funded in whole or in part with federal
funds.

Section
261.130.
PAYMENT
RATES FOR HOMEMAKER/PERSONAL CARE SERVICES PROVIDED TO QUALIFYING IO
ENROLLEES

(A)
As used in this section:

(1)
"Converted facility" means an ICF/IID, or former ICF/IID,
that converted some or all of its beds to providing home and
community-based services under the IO Waiver pursuant to section
5124.60 of the Revised Code.

(2)
"Developmental center" and "ICF/IID" have the
same meanings as in section 5124.01 of the Revised Code.

(3)
"IO Waiver" means the Medicaid waiver component, as defined
in section 5166.01 of the Revised Code, known as Individual Options.

(4)
"Medicaid provider" has the same meaning as in section
5164.01 of the Revised Code.

(5)
"Public hospital" has the same meaning as in section
5122.01 of the Revised Code.

(6)
"Qualifying IO enrollee" means an IO Waiver enrollee to
whom all of the following apply:

(a)
The enrollee resided in a developmental center, converted facility,
or public hospital immediately before enrolling in the IO Wavier.

(b)
The enrollee did not receive before July 1, 2011, routine
homemaker/personal care services from the Medicaid provider that is
to be paid the Medicaid rate authorized by this section for providing
such services to the enrollee during the period specified in division
(C) of this section.

(c)
The Director of Developmental Disabilities has determined that the
enrollee's special circumstances (including the enrollee's diagnosis,
service needs, or length of stay at the developmental center,
converted facility, or public hospital) warrants paying the Medicaid
rate authorized by this section.

(B)
The total Medicaid payment rate for each fifteen minutes of routine
homemaker/personal care services that a Medicaid provider provides to
a qualifying IO enrollee during the period specified in division (C)
of this section shall be fifty-two cents higher than the Medicaid
payment rate in effect on the day the services are provided for each
fifteen minutes of routine homemaker/personal care services that a
Medicaid provider provides to an IO enrollee who is not a qualifying
IO enrollee.

(C)
Division (B) of this section applies to the first twelve months,
consecutive or otherwise, that a Medicaid provider, during the period
beginning July 1, 2025, and ending July 1, 2027, provides routine
homemaker/personal care services to a qualifying IO enrollee.

(D)
Of the foregoing appropriation items 653407, Medicaid Services, and
653654, Medicaid Services, portions shall be used to pay the Medicaid
payment rate determined in accordance with this section for routine
homemaker/personal care services provided to qualifying IO enrollees.

Section
261.140.
ICF
WORKFORCE DEVELOPMENT PAYMENTS

Of
the foregoing appropriation items 653407, Medicaid Services, and
653654, Medicaid Services, a portion of each appropriation item shall
be used in fiscal year 2026 in accordance with this section and
section 5124.15 of the Revised Code. The funds shall be used to
maintain rates supporting the professional workforce development
payment, as provided in division (A)(5)(c) of section 5124.15 of the
Revised Code.

Section
263.10.

1

2

3

4

5

A

SBE
STATE BOARD OF EDUCATION

B

Dedicated
Purpose Fund Group

C

4K90

210602

Operating
Expenses

$15,010,991

$15,519,872

D

Dedicated
Purpose Fund Group Total

$15,010,991

$15,519,872

E

Federal
Fund Group

F

3IS0

210601

Title
II A/Supporting Effective Instruction

$1,355,000

$1,355,000

G

Federal
Fund Group Total

$1,355,000

$1,355,000

H

TOTAL
ALL BUDGET FUND GROUPS

$16,365,991

$16,874,872

Section
263.20.
CASH
TRANSFER FROM THE STATE BOARD OF EDUCATION LICENSURE FUND TO THE
OCCUPATIONAL LICENSING AND REGULATORY FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer the cash balance in the State
Board of Education Licensure Fund (Fund 4L20) to the Occupational
Licensing and Regulatory Fund (Fund 4K90). Upon completion of the
transfer, Fund 4L20 is hereby abolished. The Director shall cancel
any existing encumbrances against appropriation item 210600,
Operating Expenses, and reestablish them against appropriation item
210602, Operating Expenses. The reestablished encumbrance amounts are
hereby appropriated.

Section
265.10.

1

2

3

4

5

A

EDU
DEPARTMENT OF EDUCATION AND WORKFORCE

B

General
Revenue Fund

C

GRF

200321

Operating
Expenses

$14,474,898

$15,054,312

D

GRF

200416

Career
Technical Education

$2,500,000

$2,500,000

E

GRF

200420

Information
Technology Development and Support

$4,231,479

$4,316,527

F

GRF

200422

School
Management Assistance

$2,800,000

$2,800,000

G

GRF

200424

Policy
Analysis

$500,000

$516,419

H

GRF

200426

Ohio
Educational Computer Network

$18,994,000

$18,994,000

I

GRF

200427

Academic
Standards

$5,535,410

$5,429,033

J

GRF

200437

Student
Assessment

$50,609,125

$50,882,346

K

GRF

200439

Accountability/Report
Cards

$7,369,440

$7,437,742

L

GRF

200446

Education
Management Information System

$9,958,226

$10,325,278

M

GRF

200448

Educator
and Principal Preparation

$2,663,493

$2,676,754

N

GRF

200455

Community
Schools and Choice Programs

$4,370,165

$4,446,705

O

GRF

200457

STEM
Initiatives

$500,000

$500,000

P

GRF

200465

Education
Technology Resources

$2,893,949

$2,906,346

Q

GRF

200478

Industry-Recognized
Credentials High School Students

$16,000,000

$16,000,000

R

GRF

200502

Pupil
Transportation

$882,035,414

$959,429,701

S

GRF

200505

School
Meal Programs

$13,163,000

$13,163,000

T

GRF

200511

Auxiliary
Services

$170,292,963

$172,262,613

U

GRF

200532

Nonpublic
Administrative Cost Reimbursement

$76,935,110

$77,824,960

V

GRF

200540

Special
Education Enhancements

$193,272,426

$193,272,426

W

GRF

200545

Career-Technical
Education Enhancements

$13,413,000

$13,413,000

X

GRF

200550

Foundation
Funding - All Students

$8,457,598,772

$8,733,217,991

Y

GRF

200566

Literacy
Improvement

$2,472,674

$2,500,000

Z

GRF

200572

Adult
Education Programs

$9,348,399

$15,688,404

AA

GRF

200574

Half-Mill
Maintenance Equalization

$6,420,640

$6,152,450

AB

GRF

200576

Adaptive
Sports Program

$400,000

$400,000

AC

GRF

200597

Program
and Project Support

$2,850,000

$2,750,000

AD

General
Revenue Fund Total

$9,971,602,583

$10,334,860,007

AE

Dedicated
Purpose Fund Group

AF

4520

200638

Charges
and Reimbursements

$1,500,000

$1,500,000

AG

5980

200659

Auxiliary
Services Reimbursement

$650,000

$650,000

AH

5H30

200687

School
District Solvency Assistance

$2,000,000

$2,000,000

AI

5KX0

200691

Ohio
School Sponsorship Program

$1,900,000

$1,900,000

AJ

5MM0

200677

Child
Nutrition Refunds

$550,000

$550,000

AK

5U20

200685

National
Education Statistics

$185,000

$185,000

AL

5VS0

200604

Foundation
Funding - All Students

$600,000,000

$600,000,000

AM

5YO0

200491

Public
and Nonpublic Education Support

$171,200,000

$171,200,000

AN

6200

200615

Educational
Improvement Grants

$600,000

$600,000

AO

Dedicated
Purpose Fund Group Total

$778,585,000

$778,585,000

AP

Internal
Service Activity Fund Group

AQ

1380

200606

Information
Technology Development and Support

$18,394,387

$18,597,721

AR

4R70

200695

Indirect
Operational Support

$9,944,311

$10,166,435

AS

4V70

200633

Interagency
Program Support

$3,000,000

$3,000,000

AT

Internal
Service Activity Fund Group Total

$31,338,698

$31,764,156

AU

State
Lottery Fund Group

AV

7017

200413

School
Bus Safety

$10,000,000

$0

AW

7017

200612

Foundation
Funding - All Students

$1,436,583,202

$1,398,174,884

AX

7017

200614

Accelerate
Great Schools

$1,500,000

$1,500,000

AY

7017

200631

Quality
Community and Independent STEM Schools Support

$115,000,000

$125,000,000

AZ

7017

200684

Community
School Facilities

$90,155,000

$90,155,000

BA

7017

2006A7

Literacy
Coaches

$12,000,000

$12,000,000

BB

State
Lottery Fund Group Total

$1,665,238,202

$1,626,829,884

BC

Federal
Fund Group

BD

3120

2006A9

Aspire
- Federal

$0

$18,996,799

BE

3670

200607

School
Food Services

$13,379,350

$13,379,350

BF

3700

200624

Education
of Exceptional Children

$1,750,000

$1,750,000

BG

3AF0

657601

Schools
Medicaid Administrative Claims

$150,000

$150,000

BH

3EH0

200620

Migrant
Education

$1,700,000

$1,700,000

BI

3EJ0

200622

Homeless
Children Education

$4,823,000

$5,112,380

BJ

3GE0

200674

Summer
Food Service Program

$23,000,000

$23,000,000

BK

3GG0

200676

Fresh
Fruit and Vegetable Program

$5,500,000

$6,000,000

BL

3HF0

200649

Federal
Education Grants

$5,000,000

$5,000,000

BM

3HI0

200634

Student
Support and Academic Enrichment

$54,131,000

$50,604,930

BN

3HL0

200678

Comprehensive
Literacy State Development Program

$14,630,000

$14,630,000

BO

3L60

200617

Federal
School Lunch

$565,999,000

$595,000,000

BP

3L70

200618

Federal
School Breakfast

$195,000,000

$205,000,000

BQ

3L80

200619

Child/Adult
Food Programs

$116,000,000

$118,000,000

BR

3L90

200621

Career-Technical
Education Basic Grant

$56,680,000

$58,947,200

BS

3M00

200623

ESEA
Title 1A

$677,740,000

$698,072,200

BT

3M20

200680

Individuals
with Disabilities Education Act

$530,400,000

$541,008,000

BU

3Y20

200688

21st
Century Community Learning Centers

$47,940,000

$48,898,800

BV

3Y60

200635

Improving
Teacher Quality

$77,157,900

$78,701,058

BW

3Y70

200689

English
Language Acquisition

$13,728,000

$14,277,120

BX

3Y80

200639

Rural
and Low Income Technical Assistance

$3,300,000

$3,300,000

BY

3Z20

200690

State
Assessments

$11,500,000

$11,500,000

BZ

3Z30

200645

Consolidated
Federal Grant Administration

$15,000,000

$15,000,000

CA

Federal
Fund Group Total

$2,434,508,250

$2,528,027,837

CB

TOTAL
ALL BUDGET FUND GROUPS

$14,881,272,733

$15,300,066,884

Section
265.20.
CAREER-TECHNICAL
EDUCATION

A
portion of the foregoing appropriation item 200416, Career-Technical
Education, shall be used by the Department of Education and Workforce
to provide matching funds related to career-technical education under
20 U.S.C. 2321.

Section
265.30.
INFORMATION
TECHNOLOGY DEVELOPMENT AND SUPPORT

The
foregoing appropriation item 200420, Information Technology
Development and Support, shall be used to support the development and
implementation of information technology solutions designed to
improve the performance and services of the Department of Education
and Workforce. Funds may be used for personnel, maintenance, and
equipment costs related to the development and implementation of
these technical system projects. Implementation of these systems
shall allow the Department to provide greater levels of assistance to
school districts and to provide more timely information to the
public, including school districts, administrators, and legislators.
Funds may also be used to support data-driven decision-making and
differentiated instruction, as well as to communicate academic
content standards and curriculum models to schools through web-based
applications.

Section
265.40.
SCHOOL
MANAGEMENT ASSISTANCE

The
foregoing appropriation item 200422, School Management Assistance,
shall be used by the Department of Education and Workforce to provide
fiscal technical assistance and inservice education for school
district management personnel and to administer, monitor, and
implement the fiscal caution, fiscal watch, and fiscal emergency
provisions under Chapter 3316. of the Revised Code.

Section
265.50.
POLICY
ANALYSIS

The
foregoing appropriation item 200424, Policy Analysis, shall be used
by the Department of Education and Workforce to support a system of
administrative and statistical education information to be used for
policy analysis. Staff supported by this appropriation shall
administer the development of reports, analyses, and briefings
regarding current trends in education practice, efficient and
effective use of resources, and evaluation of programs to improve
education results. A portion of these funds shall be used to maintain
a longitudinal database to support the assessment of the impact of
policies and programs on Ohio's education and workforce development
systems. The research efforts supported by this appropriation item
shall be used to supply information and analysis of data to and in
consultation with the General Assembly and other state policymakers,
including the Office of Budget and Management and the Legislative
Service Commission.

Section
265.60.
OHIO
EDUCATIONAL COMPUTER NETWORK

The
foregoing appropriation item 200426, Ohio Educational Computer
Network, shall be used by the Department of Education and Workforce
to maintain a system of information technology throughout Ohio and to
provide technical assistance for such a system.

Of
the foregoing appropriation item 200426, Ohio Educational Computer
Network, up to $8,425,500 in each fiscal year shall be used by the
Department to support connection of all public school buildings and
participating chartered nonpublic schools to the state's education
network, to each other, and to the Internet. In each fiscal year, the
Department shall use these funds to assist information technology
centers or school districts with the operational costs associated
with this connectivity. The Department shall develop a formula and
guidelines for the distribution of these funds to information
technology centers or individual school districts. As used in this
section, "public school building" means a school building
of any city, local, exempted village, or joint vocational school
district, any community school established under Chapter 3314. of the
Revised Code, any college preparatory boarding school established
under Chapter 3328. of the Revised Code, any STEM school established
under Chapter 3326. of the Revised Code, any educational service
center building used for instructional purposes, the Ohio School for
the Deaf and the Ohio State School for the Blind, high schools
chartered by the Ohio Department of Youth Services, or high schools
operated by Ohio Department of Rehabilitation and Corrections' Ohio
Central School System.

Of
the foregoing appropriation item 200426, Ohio Educational Computer
Network, up to $6,305,000 in each fiscal year shall be used, through
a formula and guidelines devised by the Department, to support the
activities of designated information technology centers, as defined
by Department of Education and Workforce rules, to provide school
districts and chartered nonpublic schools with computer-based student
and teacher instructional and administrative information services,
including approved computerized financial accounting, to ensure the
effective operation of local automated administrative and
instructional systems, and to monitor and support the quality of data
submitted to the Department.

Of
the foregoing appropriation item 200426, Ohio Educational Computer
Network, up to $1,650,000 in each fiscal year shall be used by the
Department to support cybersecurity initiatives led by the Management
Council of the Ohio Computer Education Network in public and
nonpublic schools. Efforts may include, but shall not be limited to,
vulnerability management, security awareness training, multifactor
authentication, and endpoint detection and response capabilities. In
determining the specific cybersecurity programs and initiatives the
foregoing appropriation item will support, the Department shall
consult with the Governor's Cybersecurity Strategic Advisor.

The
remainder of appropriation item 200426, Ohio Educational Computer
Network, shall be used to support the work of the development,
maintenance, and operation of a network of uniform and compatible
computer-based information systems as well as the teacher student
linkage/roster verification process and systems to support electronic
sharing of student records and transcripts between entities. This
technical assistance shall include, but not be restricted to,
development and maintenance of adequate computer software systems to
support network activities. In order to improve the efficiency of
network activities, the Department and information technology centers
may jointly purchase equipment, materials, and services from funds
provided under this appropriation for use by the network and, when
considered practical by the Department, may utilize the services of
appropriate state purchasing agencies.

Section
265.70.
ACADEMIC
STANDARDS

Of
the foregoing appropriation item 200427, Academic Standards, up to
$500,000 in fiscal year 2026 shall be used to contract with experts
in civics education and social studies to develop an integrated model
curriculum that includes English language arts, social studies, and
civics education. The model curriculum shall include support for
content, instruction, and assessment.

The
remainder of the foregoing appropriation item 200427, Academic
Standards, shall be used by the Department of Education and Workforce
to develop and communicate to school districts academic content
standards and curriculum models and to develop professional
development programs and other tools on the new content standards and
model curricula.

Section
265.80.
STUDENT
ASSESSMENT

Of
the foregoing appropriation item 200437, Student Assessment, up to
$622,713 in each fiscal year shall be used to reimburse a portion of
the costs associated with Advanced Placement and College-Level
Examination Program tests for low-income students, as determined by
the Department. If the funds provided by the Department through this
set-aside and federal funds are not sufficient to cover the costs of
Advanced Placement, College-Level Examination, and International
Baccalaureate tests for low-income students, school districts and
other public schools shall pay the remainder of the costs using other
funds.

The
remainder of appropriation item 200437, Student Assessment, shall be
used to develop, field test, print, distribute, score, report
results, and support other associated costs for the tests required
under sections 3301.0710, 3301.0711, and 3301.0712 of the Revised
Code and for similar purposes as required by section 3301.27 of the
Revised Code. The funds may also be used to update and develop
diagnostic assessments administered under sections 3301.079,
3301.0715, and 3313.608 of the Revised Code and to support readiness
assessments for students in grades three and higher that assist
districts and schools with identifying and benchmarking student
progress.

DEPARTMENT
OF EDUCATION AND WORKFORCE APPROPRIATION TRANSFERS FOR STUDENT
ASSESSMENT

In
fiscal year 2026 and fiscal year 2027, if the Director of Education
and Workforce determines that additional funds are needed to fully
fund the requirements of sections 3301.0710, 3301.0711, 3301.0712,
and 3301.27 of the Revised Code and this act for assessments of
student performance, the Director may recommend to the Director of
Budget and Management the reallocation of unexpended and unencumbered
General Revenue Fund appropriations within the Department of
Education and Workforce to appropriation item 200437, Student
Assessment. If the Director of Budget and Management determines that
such a reallocation is required, the Director, subject to Controlling
Board approval, may transfer unexpended and unencumbered
appropriations within the Department of Education and Workforce as
necessary to appropriation item 200437, Student Assessment.

Section
265.90.
ACCOUNTABILITY/REPORT
CARDS

Of
the foregoing appropriation item 200439, Accountability/Report Cards,
a portion in each fiscal year shall be used to train district and
regional specialists and district educators in the use of the
value-added progress dimension and in the use of data as it relates
to improving student achievement. This training may include teacher
and administrator professional development in the use of data to
improve instruction and student learning, and teacher and
administrator training in understanding teacher value-added reports
and how they can be used as a component in measuring teacher and
administrator effectiveness.

The
remainder of appropriation item 200439, Accountability/Report Cards,
shall be used by the Department of Education and Workforce to
incorporate a statewide value-added progress dimension into
performance ratings for school districts and for the development of
an accountability system that includes the preparation and
distribution of school report cards, funding and expenditure
accountability reports under sections 3302.03 and 3302.031 of the
Revised Code, the development and maintenance of teacher value-added
reports, the teacher student linkage/roster verification process, and
the performance management section of the Department's web site
required by section 3302.26 of the Revised Code.

Section
265.100.
EDUCATION
MANAGEMENT INFORMATION SYSTEM

The
foregoing appropriation item 200446, Education Management Information
System, shall be used by the Department of Education and Workforce to
maintain and improve the Education Management Information System
(EMIS).

Of
the foregoing appropriation item 200446, Education Management
Information System, up to $405,000 in each fiscal year shall be used
to support grants to information technology centers to provide
professional development opportunities to district and school
personnel related to the EMIS, with a focus placed on data submission
and data quality.

Of
the foregoing appropriation item 200446, Education Management
Information System, up to $950,000 in each fiscal year shall be
distributed to designated information technology centers for costs
relating to processing, storing, and transferring data for the
effective operation of the EMIS. These costs may include, but are not
limited to, personnel, hardware, software development, communications
connectivity, professional development, and support services.

The
remainder of appropriation item 200446, Education Management
Information System, shall be used to develop and support the data
definitions and standards outlined in the EMIS guidelines adopted
under section 3301.0714 of the Revised Code, to implement
recommendations of the EMIS Advisory Council and the Director of
Education and Workforce, to enhance data quality assurance practices,
and to support responsibilities related to the school report cards
prescribed by section 3302.03 of the Revised Code and value-added
progress dimension calculations.

Section
265.110.
EDUCATOR
AND PRINCIPAL PREPARATION

(A)
Of the foregoing appropriation item 200448, Educator and Principal
Preparation, up to $1,612,500 in each fiscal year shall be used, in
consultation with the Department of Veterans Services, to support the
Ohio Military Veteran Educators Program, which may do all of the
following:

(1)
Administer a grant program for institutions of higher education to
provide financial incentives and assistance for eligible military
individuals, as defined in section 3319.285 of the Revised Code, to
enroll in and complete an educator preparation program approved under
section 3333.048 of the Revised Code;

(2)
Subsidize the costs for eligible military individuals associated with
completing college coursework or professional development in pedagogy
for the purpose of obtaining an alternative military educator license
pursuant to section 3319.285 of the Revised Code or advancing to the
professional license pursuant to section 3319.22 of the Revised Code;

(3)
Provide funds to public schools, educational service centers, and
county boards of developmental disabilities to support activities to
recruit eligible military individuals to work in public schools and
support bonuses to public schools that hire eligible military
individuals;

(4)
Reimburse public schools, educational service centers, and county
boards of developmental disabilities that pay financial bonuses to
eligible military individuals who complete at least one year of
employment with the school;

(5)
In consultation with the Department of Veterans Services, establish
and support the Governor's Ohio Military Veteran Educators Fellowship
Pilot Program to recruit and train eligible military individuals to
become licensed to teach in low-performing public schools.

(B)
Of the foregoing appropriation item 200448, Educator and Principal
Preparation, up to $350,993 in fiscal year 2026 and up to $364,254 in
fiscal year 2027 may be used by the Department of Education and
Workforce to monitor and support Ohio's State System of Support, as
defined by the Every Student Succeeds Act.

(C)
Of the foregoing appropriation item 200448, Educator and Principal
Preparation, up to $500,000 in each fiscal year shall be used to
support the SmartOhio Financial Literacy Program at the University of
Cincinnati.

(D)
Of the foregoing appropriation item 200448, Educator and Principal
Preparation, $200,000 in each fiscal year shall be used to support
selected school staff through the FASTER Saves Lives Program for the
purpose of stopping active shooters and treating casualties.

(E)
Notwithstanding any provision of law to the contrary, awards under
this section may be used by recipients for award-related expenses
incurred for a period not to exceed two years from the date of the
award.

Section
265.120.
COMMUNITY
SCHOOLS AND CHOICE PROGRAMS

The
foregoing appropriation item 200455, Community Schools and Choice
Programs, may be used by the Department of Education and Workforce
for the oversight and support of community schools established under
Chapter 3314. of the Revised Code, community school sponsors, and
nonpublic schools; and the administration of school choice programs.
The funds may be used to support the sponsor evaluation system in
accordance with section 3314.016 of the Revised Code.

Section
265.125.
STEM
INITIATIVES

The
foregoing appropriation item 200457, STEM Initiatives, shall be
distributed to the Alliance for Working Together Foundation to
support the expansion of STEAM to Career programming for youth and
adult students.

Section
265.130.
EDUCATION
TECHNOLOGY RESOURCES

Of
the foregoing appropriation item 200465, Education Technology
Resources, up to $2,500,000 in each fiscal year shall be used for the
Union Catalog and InfOhio Network and to support the provision of
electronic resources with priority given to resources that support
the teaching of state academic content standards in all public
schools and resources in support of Ohio's Plan to Raise Literacy
Achievement. The Department of Education and Workforce shall consider
coordinating the allocation of these moneys with the efforts of
Libraries Connect Ohio, whose members include OhioLINK, the Ohio
Public Information Network, and the State Library of Ohio.

Section
265.140.
INDUSTRY-RECOGNIZED
CREDENTIALS HIGH SCHOOL STUDENTS

City,
local, and exempted village school districts, community schools, STEM
schools, and joint vocational school districts shall inform students
enrolled in career-technical education courses that lead to an
industry-recognized credential about the opportunity to earn these
credentials. The educating entity shall pay for the cost of the
credential.

The
foregoing appropriation item 200478, Industry-Recognized Credentials
High School Students, shall be used by the Department of Education
and Workforce and the Governor's Office of Workforce Transformation
to operate the Innovative Workforce Incentive Program. The Office of
Workforce Transformation shall maintain a list of credentials that
qualify for the program. The Department of Education and Workforce
shall pay each city, local, and exempted village school district,
community school, STEM school, and joint vocational school district
an amount equal to $725 for each qualifying credential a student
attending the district or school earned in the school year preceding
the fiscal year in which the funds are appropriated. If the amount
appropriated is not sufficient, the Department shall prorate the
amounts so that the aggregate amount appropriated is not exceeded.

Section
265.150.
PUPIL
TRANSPORTATION

Of
the foregoing appropriation item 200502, Pupil Transportation, up to
$1,088,930 in each fiscal year may be used by the Department of
Education and Workforce for training prospective and experienced
school bus drivers in accordance with training programs prescribed by
the Department. A portion of these funds may also be used to pay for
costs associated with the enrollment of bus drivers in the retained
applicant fingerprint database.

Of
the foregoing appropriation item 200502, Pupil Transportation, up to
$176,897,678 in fiscal year 2026 and up to $194,820,866 in fiscal
year 2027 may be used by the Department for special education
transportation reimbursements to school districts, educational
service centers, and county boards of developmental disabilities for
transportation operating costs as provided in divisions (C) and (F)
of section 3317.024 of the Revised Code.

Of
the foregoing appropriation item 200502, Pupil Transportation, up to
$450,000 in each fiscal year shall be used to provide rural
transportation grants pursuant to the section of this act entitled
"RURAL TRANSPORTATION GRANT PROGRAM."

Of
the foregoing appropriation item 200502, Pupil Transportation, up to
$250,000 in each fiscal year shall be used to support the Montgomery
County Pupil Transportation Pilot Program established in Section
265.550 of H.B. 33 of the 135th General Assembly, as amended by this
act.

The
remainder of the foregoing appropriation item 200502, Pupil
Transportation, shall be used to distribute the amounts calculated
for transportation aid under division (A)(2) of section 3317.019 and
divisions (E), (F), (G), (H), and (I) of section 3317.0212 of the
Revised Code.

PAYMENTS
IN LIEU OF TRANSPORTATION

For
purposes of division (D) of section 3327.02 of the Revised Code, if a
parent, guardian, or other person in charge of a pupil accepts an
offer from a school district of payment in lieu of providing
transportation for the pupil, the school district shall pay that
parent, guardian, or other person an amount not less than fifty per
cent and not more than the amount determined by the Department under
division (C) of section 3317.0212 of the Revised Code for the most
recent school year for which data is available. Payment may be
prorated if the time period involved is only a part of the school
year.

Section
265.160.
SCHOOL
MEAL PROGRAMS

(A)
The foregoing appropriation item 200505, School Meal Programs, shall
be used to support the reimbursements required by section 3301.91 of
the Revised Code and provide matching funds to obtain federal funds
for the school lunch program.

(B)
Any remaining appropriation after providing matching funds for the
school lunch program may be used to do the following:

(1)
Partially reimburse school buildings within school districts that are
required to have a school breakfast program under section 3313.813 of
the Revised Code, at a rate decided by the Department;

(2)
Support the Summer EBT Program in coordination with the Department of
Job and Family Services.

Section
265.170.
AUXILIARY
SERVICES

Of
the foregoing appropriation item 200511, Auxiliary Services, up to
$2,600,000 in each fiscal year may be used for payment of the College
Credit Plus Program for nonpublic secondary school participants. The
Department of Education and Workforce shall distribute these funds
according to rule 3333-1-65.8 of the Administrative Code, adopted by
the Department of Higher Education pursuant to division (A) of
section 3365.071 of the Revised Code.

The
remainder of the foregoing appropriation item 200511, Auxiliary
Services, shall be used by the Department to make payments under
division (E) of section 3317.024 of the Revised Code to implement
sections 3317.06 and 3317.062 of the Revised Code. Notwithstanding
any provision of law to the contrary, for fiscal year 2026, school
districts or chartered nonpublic schools may use the auxiliary
services funding provided under division (E) of section 3317.024 of
the Revised Code to provide diagnostic or therapeutic mental health
services to students enrolled in chartered nonpublic schools at any
time during the fiscal year.

Section
265.180.
NONPUBLIC
ADMINISTRATIVE COST REIMBURSEMENT

The
foregoing appropriation item 200532, Nonpublic Administrative Cost
Reimbursement, shall be used by the Department of Education and
Workforce for the purpose of implementing section 3317.063 of the
Revised Code. Payments made by the Department for this purpose shall
not exceed four hundred seventy-five dollars per student for each
school year.

Section
265.190.
SPECIAL
EDUCATION ENHANCEMENTS

Of
the foregoing appropriation item 200540, Special Education
Enhancements, up to $33,945,594 in each fiscal year shall be used to
fund special education and related services at county boards of
developmental disabilities for eligible students under section
3317.20 of the Revised Code and at institutions for eligible students
under section 3317.201 of the Revised Code. If necessary, the
Department of Education and Workforce shall proportionately reduce
the amount calculated for each county board of developmental
disabilities and institution so as not to exceed the amount
appropriated in each fiscal year.

Of
the foregoing appropriation item 200540, Special Education
Enhancements, up to $1,350,000 in each fiscal year shall be used for
parent mentoring programs.

Of
the foregoing appropriation item 200540, Special Education
Enhancements, up to $3,000,000 in each fiscal year may be used for
school psychology interns.

Of
the foregoing appropriation item 200540, Special Education
Enhancements, up to $1,000,000 in each fiscal year shall be used by
the Department of Education and Workforce to build capacity to
deliver a regional system of training, support, coordination, and
direct service for secondary transition services for students with
disabilities beginning at fourteen years of age. These special
education enhancements shall support all students with disabilities,
regardless of partner agency eligibility requirements, to provide
stand-alone direct secondary transition services by school districts.
Secondary transition services shall include, but not be limited to,
job exploration counseling, work-based learning experiences,
counseling on opportunities for enrollment in comprehensive
transition or post-secondary educational programs at institutions of
higher education, workplace readiness training to develop
occupational skills, social skills and independent living skills, and
instruction in self-advocacy. Regional training shall support the
expansion of transition to work endorsement opportunities for middle
school and secondary level special education intervention specialists
in order to develop the necessary skills and competencies to meet the
secondary transition needs of students with disabilities beginning at
fourteen years of age.

The
remainder of appropriation item 200540, Special Education
Enhancements, shall be distributed by the Department of Education and
Workforce to school districts and institutions, as defined in section
3323.091 of the Revised Code, for preschool special education funding
under section 3317.0213 of the Revised Code.

The
Department may reimburse school districts and institutions for
services provided by instructional assistants, related services, as
defined in rule 3301-51-11 of the Administrative Code, physical
therapy services provided by a licensed physical therapist or
physical therapist assistant under the supervision of a licensed
physical therapist, as required under Chapter 4755. of the Revised
Code and Chapter 4755-27 of the Administrative Code, and occupational
therapy services provided by a licensed occupational therapist or
occupational therapy assistant under the supervision of a licensed
occupational therapist, as required under Chapter 4755. of the
Revised Code and Chapter 4755-7 of the Administrative Code. Nothing
in this section authorizes occupational therapy assistants or
physical therapist assistants to generate or manage their own
caseloads.

The
Department shall require school districts that serve preschool
special education students and either receive funds under the Early
Childhood Education Grant Program established pursuant to section
5104.53 of the Revised Code or provide publicly funded child care as
defined in section 5104.01 of the Revised Code, educational service
centers, county boards of developmental disabilities, and
institutions serving preschool children with disabilities to adhere
to the Step Up to Quality Program established pursuant to section
5104.29 of the Revised Code.

Section
265.200.
CAREER-TECHNICAL
EDUCATION ENHANCEMENTS

Of
the foregoing appropriation item 200545, Career-Technical Education
Enhancements, up to $5,000,000 in each fiscal year shall be used to
pay career awareness and exploration funds pursuant to division (E)
of section 3317.014 of the Revised Code. If the amount appropriated
is not sufficient, the Department of Education and Workforce shall
prorate the amounts so that the aggregate amount appropriated is not
exceeded.

Of
the foregoing appropriation item 200545, Career-Technical Education
Enhancements, up to $2,563,000 in each fiscal year shall be used to
fund secondary career-technical education at institutions and Ohio
Deaf and Blind Education Services using a grant-based methodology,
notwithstanding section 3317.05 of the Revised Code.

Of
the foregoing appropriation item 200545, Career-Technical Education
Enhancements, up to $4,000,000 in each fiscal year shall be used by
the Department to fund competitive grants to an entity in each of the
JobsOhio regions to expand the number of students with access to
career-technical education, to support and provide technical
assistance to schools and districts in the provision and expansion of
career-technical education, to provide mentoring and career planning
and advising to students attending public and chartered nonpublic
schools, and to support adults who have a high school diploma but
have never enrolled in post-secondary education. Notwithstanding any
provision of law to the contrary, awards under this paragraph may be
used by recipients for award-related expenses according to guidelines
established by the Department of Education and Workforce for a period
not to exceed two years from the date of the award.

Of
the foregoing appropriation item 200545, Career-Technical Education
Enhancements, up to $600,000 in each fiscal year shall be used by the
Department to enable students in agricultural programs to enroll in a
fifth quarter of instruction based on the agricultural education
model of delivering work-based learning through supervised
agricultural experience. The Department shall determine eligibility
criteria and the reporting process for the Agriculture 5th Quarter
Project and shall fund as many programs as possible given the
set-aside. The eligibility criteria developed by the Department shall
allow these funds to support supervised agricultural experience that
occurs anytime outside of the regular school day.

Of
the foregoing appropriation item 200545, Career-Technical Education
Enhancements, up to $650,000 in each fiscal year may be used to
support career planning and reporting through the OhioMeansJobs web
site.

Of
the foregoing appropriation item 200545, Career-Technical Education
Enhancements, $250,000 in each fiscal year shall be used to prepare
students for careers in culinary arts and restaurant management under
the Ohio ProStart school restaurant program.

Of
the foregoing appropriation item 200545, Career-Technical Education
Enhancements, $100,000 in each fiscal year shall be distributed to
Tech Corps to support career-connected rural computer science
programming.

Of
the foregoing appropriation item 200545, Career-Technical Education
Enhancements, $250,000 in each fiscal year shall be used by the
Department of Education and Workforce in partnership with the
Department of Higher Education to fund early childhood to
post-secondary regional partnerships. The Department of Education and
Workforce shall distribute grants to qualifying partnerships to
support regional collaboration programs among early learning, primary
and secondary school, post-secondary institution, and workforce
partners that align educational resources with regional in-demand
jobs and workforce skills. Grants shall be awarded using a formula to
be determined by the Department of Education and Workforce.

Section
265.210.
FOUNDATION
FUNDING - ALL STUDENTS

Of
the portion of the formula aid distributed to city, local, and
exempted village school districts, joint vocational school districts,
community schools, and STEM schools under this section, an amount in
each fiscal year, as calculated by the Department of Education and
Workforce, shall be used for the purposes of division (B) of section
3317.0215 of the Revised Code.

Of
the foregoing appropriation item 200550, Foundation Funding - All
Students, an amount in each fiscal year shall be used to make
additional aid payments to city, local, and exempted village school
districts pursuant to the section of this act entitled "PERFORMANCE
SUPPLEMENT."

Of
the foregoing appropriation item 200550, Foundation Funding - All
Students, up to $5,733,404 in each fiscal year shall be used to fund
gifted education at educational service centers. The Department shall
distribute the funding through the unit-based funding methodology in
place under division (L) of section 3317.024, division (E) of section
3317.05, and divisions (A), (B), and (C) of section 3317.053 of the
Revised Code as they existed prior to fiscal year 2010.

Of
the foregoing appropriation item 200550, Foundation Funding - All
Students, up to $49,152,105 in fiscal year 2026 and up to $51,023,465
in fiscal year 2027 shall be reserved to fund the state reimbursement
of educational service centers under section 3317.11 of the Revised
Code.

Of
the foregoing appropriation item 200550, Foundation Funding - All
Students, up to $3,500,000 in each fiscal year shall be distributed
to educational service centers for school improvement initiatives and
for the provision of technical assistance to schools and districts
consistent with requirements of section 3312.01 of the Revised Code.
The Department may distribute these funds through a competitive grant
process.

Of
the foregoing appropriation item 200550, Foundation Funding - All
Students, up to $7,000,000 in each fiscal year shall be reserved for
payments under the section of this act entitled "POWER PLANT
VALUATION ADJUSTMENT." If this amount is not sufficient, the
Director of Education and Workforce may reallocate excess funds for
other purposes supported by this appropriation item in order to fully
pay the amounts required by that section, provided that the aggregate
amount appropriated in appropriation item 200550, Foundation Funding
- All Students, is not exceeded.

Of
the foregoing appropriation item 200550, Foundation Funding - All
Students, up to $10,400,000 in fiscal year 2026 and up to $10,800,000
in fiscal year 2027 shall be used to support the administration of
state scholarship programs.

Of
the foregoing appropriation item 200550, Foundation Funding – All
Students, up to $1,000,000 in each fiscal year shall be distributed
to the Cleveland Municipal School District to provide tutorial
assistance as provided in division (B) of section 3313.979 of the
Revised Code. The Cleveland Municipal School District shall report
the use of these funds in the district's three-year continuous
improvement plan as described in section 3302.04 of the Revised Code
in a manner approved by the Department.

Of
the foregoing appropriation item 200550, Foundation Funding - All
Students, up to $3,500,000 in each fiscal year may be used for
payment of the College Credit Plus Program for students instructed at
home pursuant to section 3321.04 of the Revised Code.

Of
the foregoing appropriation item 200550, Foundation Funding - All
Students, an amount shall be available in each fiscal year to be paid
to joint vocational school districts in accordance with sections
3317.16 and 3317.162 of the Revised Code and the section of this act
entitled "FORMULA TRANSITION SUPPLEMENT."

Of
the foregoing appropriation item 200550, Foundation Funding - All
Students, up to $700,000 in each fiscal year shall be used by the
Department for a program to pay for educational services for youth
who have been assigned by a juvenile court or other authorized agency
to any of the facilities described in division (A) of the section of
this act entitled "PRIVATE TREATMENT FACILITY PROJECT."

Of
the foregoing appropriation item 200550, Foundation Funding - All
Students, a portion may be used to pay college-preparatory boarding
schools the per pupil boarding amount pursuant to section 3328.34 of
the Revised Code.

Of
the foregoing appropriation item 200550, Foundation Funding - All
Students, up to $1,500,000 in each fiscal year shall be distributed
to the Ohio STEM Learning Network to support the expansion of free
STEM programming aligned to Ohio's STEM priorities, to create
regional STEM supports targeting underserved student populations, and
to support the Ohio STEM Committee's STEM school designation process.

Of
the foregoing appropriation item 200550, Foundation Funding - All
Students, up to $1,500,000 in each fiscal year shall be used by the
Department to support the Stay in the Game! Network and efforts to
reduce chronic absenteeism.

Of
the foregoing appropriation item 200550, Foundation Funding - All
Students, up to $750,000 in fiscal year 2026 shall be used to make
payments pursuant to the section of this act entitled "AIM
HIGHER PILOT PROGRAM."

The
remainder of the foregoing appropriation item 200550, Foundation
Funding - All Students, shall be used to distribute the amounts
calculated for formula aid under division (A)(1) of section 3317.019
of the Revised Code, sections 3317.022 and 3317.22 of the Revised
Code, and the sections of this act entitled "FORMULA TRANSITION
SUPPLEMENT" and "FUNDING SUPPLEMENTS."

Appropriation
items 200502, Pupil Transportation, and 200550, Foundation Funding -
All Students, other than specific set-asides, are collectively used
in each fiscal year to pay state formula aid obligations for school
districts, community schools, STEM schools, college preparatory
boarding schools, joint vocational school districts, and state
scholarship programs under this act. The first priority of these
appropriation items, with the exception of specific set-asides, is to
fund state formula aid obligations. It may be necessary to reallocate
funds among these appropriation items or use excess funds from other
General Revenue Fund appropriation items in the Department of
Education and Workforce's budget, including appropriation item
200903, Property Tax Reimbursement - Education, in each fiscal year
in order to meet state formula aid obligations. If it is determined
that it is necessary to transfer funds among these appropriation
items or to transfer funds from other General Revenue Fund
appropriations in the Department's budget to meet state formula aid
obligations, the Director of Education and Workforce shall seek
approval from the Director of Budget and Management to transfer funds
as needed.

The
Director of Education and Workforce shall make payments, transfers,
and deductions, as authorized by Title XXXIII of the Revised Code in
amounts substantially equal to those made in the prior year, or
otherwise, at the discretion of the Director, until at least the
effective date of the amendments and enactments made to Title XXXIII
of the Revised Code by this act. Any funds paid to districts or
schools under this section shall be credited toward the annual funds
calculated for the district or school after the changes made to Title
XXXIII of the Revised Code in this act are effective. Upon the
effective date of changes made to Title XXXIII of the Revised Code in
this act, funds shall be calculated as an annual amount.

Section
265.211.
During
fiscal year 2027, if the Treasurer of State certifies to the Director
of Budget and Management amounts transferred to the General Revenue
Fund pursuant to division (I) of section 3310.24 of the Revised Code,
such amounts are hereby appropriated for fiscal year 2027 in
appropriation item 200550, Foundation Funding - All Students.

Section
265.215.
ECONOMICALLY
DISADVANTAGED STUDENT AVERAGE DAILY MEMBERSHIP

(A)
As used in this section:

(1)
"Directly certified ADM" means the average daily membership
of students enrolled in a district or school for a fiscal year who
are certified as categorically eligible for free meals as described
in 7 C.F.R. 245.6 or successor regulations, as determined by the
Department of Education and Workforce.

(2)
"Qualifying public school" means any of the following:

(a)
A city, local, or exempted village school district;

(b)
A joint vocational school district;

(c)
A community school established under Chapter 3314. of the Revised
Code that is not a newly opened community school;

(d)
A STEM school established under Chapter 3326. of the Revised Code.

(3)
"Newly opened community school" means a community school
that opens for the first time in fiscal year 2026 or 2027.

(C)
Notwithstanding anything in the Revised Code to the contrary, for
fiscal years 2026 and 2027, the average daily membership of
economically disadvantaged students for a qualifying public school is
the average daily membership of economically disadvantaged students
certified or reported to the Department for fiscal year 2025 under
section 3314.08, 3317.03, or 3326.32 of the Revised Code. The
Department shall calculate disadvantaged pupil impact aid for each
qualifying public school under section 3317.022, 3317.026, or 3317.16
of the Revised Code for fiscal years 2026 and 2027, as follows:

(The
qualifying public school's average daily membership of economically
disadvantaged students X 0.75 for fiscal year 2026 or 0.65 for fiscal
year 2027) + (The qualifying public school's directly certified ADM
for the fiscal year X 0.25 for fiscal year 2026 or 0.35 for fiscal
year 2027)

(D)
Notwithstanding anything in the Revised Code to the contrary, for
fiscal years 2026 and 2027, the Department shall calculate
disadvantaged pupil impact aid for each newly opened community school
under sections 3317.022 and 3317.026 of the Revised Code using the
school's directly certified ADM for the fiscal year.

Section
265.220.
PHASE-IN
PERCENTAGES

For
purposes of division (X)(1) of section 3317.02 of the Revised Code,
the General Assembly has determined that the general phase-in
percentage for fiscal year 2026 shall be 83.33 per cent and the
general phase-in percentage for fiscal year 2027 shall be 100 per
cent.

For
purposes of division (X)(2) of section 3317.02 of the Revised Code,
the General Assembly has determined that the phase-in percentage for
disadvantaged pupil impact aid for fiscal year 2026 shall be 83.33
per cent and the phase-in percentage for disadvantaged pupil impact
aid for fiscal year 2027 shall be 100 per cent.

Section
265.230.
FORMULA
TRANSITION SUPPLEMENT

(A)(1)
For fiscal years 2026 and 2027, the Department of Education and
Workforce shall pay a formula transition supplement to each city,
local, and exempted village school district according to the
following formula:

(The
district's funding base for fiscal year 2021) - (the district's
payments for the fiscal year for which the supplement is calculated
under sections 3317.019, 3317.022, and 3317.0212 of the Revised Code)

If
the computation made under division (A)(1) of this section for a
fiscal year results in a negative number, the district's formula
transition supplement for that fiscal year shall be zero.

(2)
For purposes of division (A)(1) of this section, a city, local, or
exempted village school district's "funding base for fiscal year
2021" means the amount calculated as follows:

(a)
Compute the sum of the following:

(i)
The amount calculated for the district for fiscal year 2021 under
division (A)(1) of Section 265.220 of H.B. 166 of the 133rd General
Assembly after any adjustments required under Section 265.227 of H.B.
166 of the 133rd General Assembly and before any funding reductions
authorized by Executive Order 2020-19D, issued on May 7, 2020, and
Executive Order 2021-01D, issued on January 22, 2021;

(ii)
The amount calculated for the district for fiscal year 2021 under
division (A)(2) of Section 265.220 of H.B. 166 of the 133rd General
Assembly before any funding reductions authorized by Executive Order
2020-19D, issued on May 7, 2020, and Executive Order 2021-01D, issued
on January 22, 2021;

(iii)
The amount calculated for the district for fiscal year 2021 under
division (B) of Section 265.220 of H.B. 166 of the 133rd General
Assembly;

(iv)
The district's payments for fiscal year 2021 under divisions (C)(1),
(2), (3), and (4) of section 3313.981 of the Revised Code as those
divisions existed for payments for fiscal year 2021;

(v)
The district's payments for fiscal year 2021 under section 3317.0219
of the Revised Code as that section existed for payments for fiscal
year 2021 and under Section 20 of S.B. 310 of the 133rd General
Assembly.

(b)
Subtract from the amount calculated in division (A)(2)(a) of this
section the sum of the following:

(i)
The payments deducted from the district and paid to a community
school established under Chapter 3314. of the Revised Code for fiscal
year 2021 under divisions (C)(1)(a), (b), (c), (d), (e), (f), and (g)
of section 3314.08 of the Revised Code and division (D) of section
3314.091 of the Revised Code, as those divisions existed for
deductions and payments for fiscal year 2021, in accordance with
division (A) of Section 265.230 of H.B. 166 of the 133rd General
Assembly, before any funding reductions authorized by Executive Order
2020-19D, issued on May 7, 2020, and Executive Order 2021-01D, issued
on January 22, 2021;

(ii)
The payments deducted from the district and paid to a science,
technology, engineering, and mathematics school established under
Chapter 3326. of the Revised Code for fiscal year 2021, under
divisions (A), (B), (C), (D), (E), (F), and (G) of section 3326.33 of
the Revised Code as those divisions existed for deductions and
payments for fiscal year 2021, in accordance with division (A) of
Section 265.235 of H.B. 166 of the 133rd General Assembly, before any
funding reductions authorized by Executive Order 2020-19D, issued on
May 7, 2020, and Executive Order 2021-01D, issued on January 22,
2021;

(iii)
The payments deducted from the district for fiscal year 2021 under
division (C) of section 3310.08 of the Revised Code as that division
existed for deductions for fiscal year 2021, division (C)(2) of
section 3310.41 of the Revised Code, as that division existed for
deductions for fiscal year 2021, and section 3310.55 of the Revised
Code as that section existed for deductions for fiscal year 2021 and,
in the case of a pilot project school district as defined in section
3313.975 of the Revised Code, the funds deducted from the district
for fiscal year 2021 under Section 265.210 of H.B. 166 of the 133rd
General Assembly to operate the pilot project scholarship program for
fiscal year 2021 under sections 3313.974 to 3313.979 of the Revised
Code;

(iv)
The payments subtracted from the district for fiscal year 2021 under
divisions (B)(1), (2), and (3) of section 3313.981 of the Revised
Code, as those divisions existed for subtractions from the district
for fiscal year 2021.

(B)(1)
For fiscal years 2026 and 2027, the Department of Education and
Workforce shall pay a formula transition supplement to each joint
vocational school district according to the following formula:

(The
district's funding base for fiscal year 2021) - (the district's
payments for the fiscal year for which the supplement is calculated
under sections 3317.16 and 3317.162 of the Revised Code)

If
the computation made under division (B)(1) of this section for a
fiscal year results in a negative number, the district's formula
transition supplement for that fiscal year shall be zero.

(2)
For purposes of division (B)(1) of this section, a joint vocational
district's "funding base for fiscal year 2021" means the
sum of the following:

(a)
The district's payments for fiscal year 2021 under Section 265.225 of
H.B. 166 of the 133rd General Assembly after any adjustments required
under Section 265.227 of H.B. 166 of the 133rd General Assembly;

(b)
The district's payments for fiscal year 2021 under divisions (D)(1)
and (2) of section 3313.981 of the Revised Code, as those divisions
existed for payments for fiscal year 2021;

(c)
The district's payments for fiscal year 2021 under section 3317.163
of the Revised Code as that section existed for payments for fiscal
year 2021 and under Section 20 of S.B. 310 of the 133rd General
Assembly.

(C)(1)
For fiscal years 2026 and 2027, the Department of Education and
Workforce shall pay a formula transition supplement to each community
school established under Chapter 3314. of the Revised Code according
to the following formula:

[(The
school's funding base for fiscal year 2021
/

the number of students enrolled in the school for fiscal year 2021) –
(the sum of the school's payments under sections 3317.022 and
3317.0212 of the Revised Code for the fiscal year for which the
supplement is calculated
/

the number of students enrolled in the school for the fiscal year for
which the supplement is calculated)] X the number of students
enrolled in the school for the fiscal year for which the supplement
is calculated.

If
the computation made under division (C)(1) of this section for a
fiscal year results in a negative number, the school's formula
transition supplement for that fiscal year shall be zero.

(2)
For purposes of division (C)(1) of this section, a community school's
"funding base for fiscal year 2021" means the sum of the
following:

(a)
The amount calculated for the school for fiscal year 2021 under
division (C)(1) of section 3314.08 of the Revised Code as that
section existed for payments for fiscal year 2021, before any funding
reductions authorized by Executive Order 2020-19D, issued on May 7,
2020, and Executive Order 2021-01D, issued on January 22, 2021;

(b)
The amount calculated for the school for fiscal year 2021 under
section 3314.085 of the Revised Code as that section existed for
payments for fiscal year 2021;

(c)
The amount calculated for the school for fiscal year 2021 under
division (D)(1) of section 3314.091 of the Revised Code as that
division existed for payments for fiscal year 2021;

(d)
The amount calculated for the school for fiscal year 2021 under
section 3314.088 of the Revised Code as that section existed for
payments for fiscal year 2021 and under Section 20 of S.B. 310 of the
133rd General Assembly.

(D)(1)
For fiscal years 2026 and 2027, the Department of Education and
Workforce shall pay a formula transition supplement to each science,
technology, engineering, and mathematics school established under
Chapter 3326. of the Revised Code according to the following formula:

[(The
school's funding base for fiscal year 2021
/

the number of students enrolled in the school for fiscal year 2021) –
(the school's payments for the fiscal year for which the supplement
is calculated under section 3317.022 of the Revised Code
/

the number of students enrolled in the school for the fiscal year for
which the supplement is calculated)] X the number of students
enrolled in the school for the fiscal year for which the supplement
is calculated.

If
the computation made under division (D)(1) of this section for a
fiscal year results in a negative number, the school's formula
transition supplement for that fiscal year shall be zero.

(2)
For purposes of division (D)(1) of this section, a science,
technology, engineering, and mathematics school's "funding base
for fiscal year 2021" means the sum of the following:

(a)
The amount calculated for the school for fiscal year 2021 under
section 3326.33 of the Revised Code as that section existed for
payments for fiscal year 2021, before any funding reductions
authorized by Executive Order 2020-19D, issued on May 7, 2020, and
Executive Order 2021-01D, issued on January 22, 2021;

(b)
The amount calculated for the school for fiscal year 2021 under
section 3326.41 of the Revised Code as that section existed for
payments for fiscal year 2021;

(c)
The amount calculated for the school for fiscal year 2021 under
section 3326.42 of the Revised Code as that section existed for
payments for fiscal year 2021 and under Section 20 of S.B. 310 of the
133rd General Assembly.

Section
265.237.
FUNDING
SUPPLEMENTS

(A)
As used in this section, "traditional school district"
means a city, local, or exempted village school district.

(B)
For fiscal years 2026 and 2027, the Department of Education and
Workforce shall pay each traditional school district an enrollment
growth supplement, as follows:

(1)
The Department shall calculate an enrollment change percentage for
the district for the fiscal year, as follows:

(a)
For fiscal year 2026, the percentage is calculated according to the
following formula:

(The
district's enrolled ADM for fiscal year 2025 – the district's
enrolled ADM for fiscal year 2022)
/

the district's enrolled ADM for fiscal year 2022 X 100%

(b)
For fiscal year 2027, the percentage is calculated according to the
following formula:

(The
district's enrolled ADM for fiscal year 2026 – the district's
enrolled ADM for fiscal year 2023)
/

the district's enrolled ADM for fiscal year 2023 X 100%

(2)
For fiscal year 2026, for a district that has an enrollment change
percentage that is five per cent or higher for the fiscal year, the
Department shall pay the district an amount equal to the product of
the district's enrolled ADM for the fiscal year multiplied by $225.
The Department shall not make a payment for fiscal year 2026 to a
district that has an enrollment change percentage for the fiscal year
that is less than five per cent.

(3)
For fiscal year 2027, for a district that has an enrollment change
percentage that is three per cent or higher for the fiscal year, the
Department shall pay the district an amount equal to the product of
the district's enrolled ADM for the fiscal year multiplied by $250.
The Department shall not make a payment for fiscal year 2027 to a
district that has an enrollment change percentage for the fiscal year
that is less than three per cent.

(C)
For fiscal years 2026 and 2027, the Department shall pay each
traditional and joint vocational school district, community school
established under Chapter 3314. of the Revised Code, and STEM school
established under Chapter 3326. of the Revised Code a base funding
supplement that is equal to the product of the district's or school's
enrolled ADM for the fiscal year multiplied by either of the
following:

(1)
For fiscal year 2026, $27;

(2)
For fiscal year 2027, $40.

Section
265.239.
PERFORMANCE
SUPPLEMENT

(A)
As used in this section, "traditional school district"
means a city, local, or exempted village school district.

(B)
For fiscal years 2026 and 2027, the Department of Education and
Workforce shall pay each traditional school district a per-pupil
performance supplement, as follows:

(1)
The Department shall determine whether a district is eligible for the
supplement based on whether the district received any of the
following on the state report card issued under section 3302.03 of
the Revised Code for the 2024-2025 school year for fiscal year 2026,
or the 2025-2026 school year for fiscal year 2027:

(a)
An overall performance rating of four or more stars;

(b)
A performance rating of three or more stars for the Progress
component;

(c)
A higher performance rating on the Progress component than the
district received for that component on the state report card issued
for the 2023-2024 school year for fiscal year 2026, or the 2024-2025
school year for fiscal year 2027.

(2)
The Department shall calculate and pay the supplement to an eligible
district for a fiscal year, as follows:

The
district's enrolled ADM for the fiscal year X $13 X the greater of
the number of stars the district received for either the overall
performance rating or the performance rating for the Progress
component on the state report card for the 2024-2025 school year for
fiscal year 2026, or the 2025-2026 school year for fiscal year 2027

Section
265.240.
POWER
PLANT VALUATION ADJUSTMENT

(A)(1)
On or before May 15, 2026, the Tax Commissioner shall determine all
of the following for each city, local, exempted village, and joint
vocational school district that has at least one power plant located
within its territory:

(a)
Whether the taxable value of all utility tangible personal property
subject to taxation by the district in tax year 2025 was less than
the taxable value of such property during tax year 2017;

(b)
Whether the taxable value of all utility tangible personal property
subject to taxation by the district in tax year 2025 was less than
the taxable value of such property during tax year 2024.

(2)
If the decrease determined under division (A)(1)(a) or (b) of this
section exceeds ten per cent and the overall change in utility
tangible personal property subject to taxation is negative, the Tax
Commissioner shall certify all of the following to the Department of
Education and Workforce and the Office of Budget and Management:

(a)
The district's total taxable value for tax year 2025;

(b)
The change in taxes charged and payable on the district's total
taxable value for tax year 2017 and tax year 2025;

(c)
The taxable value of the utility tangible personal property decrease,
which shall be considered a change in valuation;

(d)
The change in taxes charged and payable on such change in taxable
value calculated in the same manner as in division (A)(3) of section
3317.021 of the Revised Code.

(3)
Upon receipt of a certification under division (A)(2) of this
section, the Department of Education and Workforce shall replace the
three-year average valuations that were used in computing the
district's state education aid for fiscal year 2019 with the taxable
value certified under division (A)(2)(a) of this section and shall
recompute the district's state education aid for fiscal year 2019
without applying any funding limitations enacted by the General
Assembly to the computation. The Department shall pay to the district
an amount equal to the greater of the following:

(a)
The lesser of the following:

(i)
The positive difference between the district's state education aid
for fiscal year 2019 prior to the recomputation under division (A)(3)
of this section and the district's recomputed state education aid for
fiscal year 2019;

(ii)
The absolute value of the amount certified under division (A)(2)(b)
of this section.

(b)
The absolute value of the amount certified under division (A)(2)(b)
of this section X 0.50.

(B)(1)
On or before May 15, 2027, the Tax Commissioner shall determine for
each city, local, exempted village, and joint vocational school
district that has at least one power plant located within its
territory:

(a)
Whether the taxable value of all utility tangible personal property
subject to taxation by the district in tax year 2026 was less than
the taxable value of such property during tax year 2017;

(b)
Whether the taxable value of all utility tangible personal property
subject to taxation by the district in tax year 2026 was less than
the taxable value of such property during tax year 2025.

(2)
If the decrease determined under division (B)(1)(a) or (b) of this
section exceeds ten per cent and the overall change in utility
tangible personal property subject to taxation is negative, the Tax
Commissioner shall certify all of the following to the Department of
Education and Workforce and the Office of Budget and Management:

(a)
The district's total taxable value for tax year 2026;

(b)
The change in taxes charged and payable on the district's total
taxable value for tax year 2017 and tax year 2026;

(c)
The taxable value of the utility tangible personal property decrease,
which shall be considered a change in valuation;

(d)
The change in taxes charged and payable on such change in taxable
value calculated in the same manner as in division (A)(3) of section
3317.021 of the Revised Code.

(3)
Upon receipt of a certification under division (B)(2) of this
section, the Department of Education and Workforce shall replace the
three-year average valuations that were used in computing the
district's state education aid for fiscal year 2019 with the taxable
value certified under division (B)(2)(a) of this section and shall
recompute the district's state education aid for fiscal year 2019
without applying any funding limitations enacted by the General
Assembly to the computation. The Department shall pay to the district
an amount equal to the greater of the following:

(a)
The lesser of the following:

(i)
The positive difference between the district's state education aid
for fiscal year 2019 prior to the recomputation under division (B)(3)
of this section and the district's recomputed state education aid for
fiscal year 2019;

(ii)
The absolute value of the amount certified under division (B)(2)(b)
of this section.

(b)
The absolute value of the amount certified under division (B)(2)(b)
of this section X 0.50.

(C)
The Department of Education and Workforce shall make payments under
division (A)(3) of this section between June 1, 2026, and June 30,
2026, and the Department shall make payments under division (B)(3) of
this section between June 1, 2027, and June 30, 2027. The Department
shall not calculate or make payments under section 3317.028 of the
Revised Code for fiscal years 2026 and 2027.

Section
265.250.
LITERACY
IMPROVEMENT

The
foregoing appropriation item 200566, Literacy Improvement, shall be
used by the Department of Education and Workforce to support literacy
activities to align state, local, and federal efforts in order to
bolster all students' reading success. Funds may be distributed to
educational service centers to establish and support regional
literacy professional development teams consistent with section
3312.01 of the Revised Code. A portion of the funds may be used by
the Department for program administration, monitoring, technical
assistance, support, research, and evaluation.

LITERACY
COACHES

The
foregoing appropriation item 2006A7, Literacy Coaches, shall be used
for coaches to provide literacy supports to school districts,
community schools, and STEM schools with the lowest rates of
proficiency in literacy based on their performance on the English
language arts assessments prescribed under section 3301.0710 of the
Revised Code. The coaches shall have training in the science of
reading and evidence-based strategies for effective literacy
instruction and intervention and shall implement Ohio's Coaching
Model, as described in Ohio's Plan to Raise Literacy Achievement. The
coaches shall be under the direction of the Department but shall not
be employed by the Department.

Section
265.260.
ADULT
EDUCATION PROGRAMS

A
portion of the foregoing appropriation item 200572, Adult Education
Programs, shall be used to make payments in fiscal year 2027 under
sections 3313.902, 3314.38, and 3345.86 of the Revised Code, as
reenacted by this act effective July 1, 2026.

Each
career-technical planning district shall reimburse individuals taking
a nationally recognized high school equivalency examination approved
by the Department of Education and Workforce for the first time for
application fees, examination fees, or both, in excess of $40, up to
a maximum reimbursement per individual of $80. Each career-technical
planning district shall designate a site or sites where individuals
may register and take an approved examination. For each individual
who registers for an approved examination, the career-technical
planning district shall make available and offer career counseling
services, including information on adult education programs that are
available. A portion of the foregoing appropriation item 200572,
Adult Education Programs, may be used to reimburse the Department of
Youth Services and the Department of Rehabilitation and Correction
for individuals in these facilities who have taken an approved
examination for the first time. The amounts reimbursed shall not
exceed the per-individual amounts reimbursed to other individuals
under this section for an approved examination.

Of
the foregoing appropriation item 200572, Adult Education Programs,
$6,322,267 shall be used to support the Aspire program in fiscal year
2027. The supported programs shall satisfy the state match and
maintenance of effort requirements for the state-administered grant
program. The funds may be used to support students that speak English
as their second language.

A
portion of the foregoing appropriation item 200572, Adult Education
Programs, may be used for program administration, technical
assistance, support, research, and evaluation of adult education
programs, including high school equivalency examinations approved by
the Department of Education and Workforce.

Section
265.270.
HALF-MILL
MAINTENANCE EQUALIZATION

The
foregoing appropriation item 200574, Half-Mill Maintenance
Equalization, shall be used to make payments pursuant to section
3318.18 of the Revised Code. If the amount appropriated is not
sufficient, the Department of Education and Workforce shall prorate
the amounts so that the aggregate amount appropriated is not
exceeded.

ADAPTIVE
SPORTS PROGRAM

The
foregoing appropriation item 200576, Adaptive Sports Program, shall
be used by the Department of Education and Workforce, in
collaboration with the Adaptive Sports Program of Ohio, to fund
adaptive sports programs in school districts across the state for
students with disabilities.

Section
265.275.
PROGRAM
AND PROJECT SUPPORT

Of
the foregoing appropriation item 200597, Program and Project Support,
$1,250,000 in each fiscal year shall be used for purposes of the
section of this act entitled "FINANCIAL LITERACY AND WORKFORCE
READINESS PROGRAMMING INITIATIVE."

Of
the foregoing appropriation item 200597, Program and Project Support,
$400,000 in each fiscal year shall be distributed to the Girl Scout
Councils of Ohio to support the Trailblazers in Training: Preparing
Girls for Tomorrow's Workforce program.

Of
the foregoing appropriation item 200597, Program and Project Support,
$250,000 in each fiscal year shall be distributed to the National
Inventors Hall of Fame to expand STEM summer learning opportunities
for students in grades kindergarten through six. Funds shall be used
to support the enrollment of economically disadvantaged students at
Camp Invention sites.

Of
the foregoing appropriation item 200597, Program and Project Support,
$250,000 in each fiscal year shall be distributed to the Stark
Education Partnership to support the Stark County Career Connected
Learning program. These funds shall be used to assist participating
Stark County schools in providing career counselors or career
champions for all students and for the purchase and implementation of
YouScience career assessments.

Of
the foregoing appropriation item 200597, Program and Project Support,
$350,000 in fiscal year 2026 and $250,000 in fiscal year 2027 shall
be distributed to the Ohio Valley Youth Network to support its
Sycamore Youth Center Education Enrichment and Life Skills After
Schools Program.

Of
the foregoing appropriation item 200597, Program and Project Support,
$50,000 in each fiscal year shall be distributed to Shoes 4 the
Shoeless to provide shoes and socks to children in need.

Of
the foregoing appropriation item 200597, Program and Project Support,
$50,000 in each fiscal year shall be distributed to The Legacy
Project of Stark to support personnel, materials, and program
expansion costs associated with its school-based mentoring program.

Of
the foregoing appropriation item 200597, Program and Project Support,
$250,000 in each fiscal year shall be distributed to The Music
Settlement to support the Center for Music Initiative.

Section
265.290.
SCHOOL
DISTRICT SOLVENCY ASSISTANCE

(A)
The foregoing appropriation item 200687, School District Solvency
Assistance, shall be allocated to the School District Shared Resource
Account and the Catastrophic Expenditures Account in amounts
determined by the Director of Education and Workforce. These funds
shall be used to provide assistance and grants to school districts to
enable them to remain solvent under section 3316.20 of the Revised
Code. Assistance and grants shall be subject to approval by the
Controlling Board. Except as provided under division (C) of this
section, any required reimbursements from school districts for
solvency assistance shall be made to the appropriate account in the
School District Solvency Assistance Fund (Fund 5H30).

(B)
Notwithstanding any provision of law to the contrary, upon the
request of the Director of Education and Workforce and the approval
of the Controlling Board, the Director of Budget and Management may
make transfers to the School District Solvency Assistance Fund (Fund
5H30) from any fund used by the Department of Education and
Workforce, the Lottery Profits Education Reserve Fund (Fund 7018), or
the General Revenue Fund to maintain sufficient cash balances in Fund
5H30 in fiscal years 2026 and 2027. Any cash transferred is hereby
appropriated. The transferred cash may be used by the Department to
provide assistance and grants to school districts to enable them to
remain solvent and to pay unforeseeable expenses of a temporary or
emergency nature that the school district is unable to pay from
existing resources.

Section
265.300.
FOUNDATION
FUNDING - ALL STUDENTS

The
foregoing appropriation item 200604, Foundation Funding - All
Students, shall be used in conjunction with appropriation items
200550, Foundation Funding - All Students, and 200612, Foundation
Funding - All Students, to distribute the amounts calculated for
disadvantaged pupil impact aid under sections 3317.022 and 3317.16 of
the Revised Code and the portions of the state share of the base cost
calculated under those sections that are attributable to the staffing
cost for the student wellness and success component of the base cost,
as determined by the Department of Education and Workforce.

Section
265.310.
PUBLIC
AND NONPUBLIC EDUCATION SUPPORT

The
foregoing appropriation item 200491, Public and Nonpublic Education
Support, shall be used in conjunction with appropriation item 200550,
Foundation Funding – All Students, to distribute the amounts
calculated for formula aid under section 3317.022 of the Revised
Code.

Section
265.320.
SCHOOL
BUS SAFETY

(A)
The foregoing appropriation item 200413, School Bus Safety, shall be
used to support a school bus safety grant program, as recommended by
the Governor's School Bus Safety Working Group, and in accordance
with guidelines established by the Department of Education and
Workforce. The specific safety features shall be informed by the
Governor's School Bus Safety Working Group report and in consultation
with the Department of Public Safety.

(B)
The Department shall create an application for eligible applicants.
Eligible applicants may apply for funds in a manner prescribed by the
Department. The Department shall collect information with respect to
the total amount of funding requested, the number of school buses
impacted, and the specific safety enhancements for which each
eligible applicant seeks funds. In determining grant allocations, the
Department shall apply a measure of local capacity. The Department
may also apply minimum or maximum funding amounts.

(C)
Eligible applicants shall use school bus safety grant funds only for
repair, replacement, or addition of school bus safety features to
school buses in active service or for safety enhancements to the
purchase of a new school bus. Eligible applicants shall not use funds
to enhance buses not owned by the eligible applicant.

(D)
As used in this section, "eligible applicant" means any of
the following that provides transportation services:

(1)
A city, local, exempted village, or joint vocational school district;

(2)
A community school established under Chapter 3314. of the Revised
Code;

(3)
A STEM school established under Chapter 3326. of the Revised Code;

(4)
A county board of developmental disabilities;

(5)
A chartered nonpublic school;

(6)
An educational service center.

Section
265.330.
LOTTERY
PROFITS EDUCATION FUND

The
foregoing appropriation item 200612, Foundation Funding - All
Students, shall be used in conjunction with appropriation item
200550, Foundation Funding - All Students, to distribute the amounts
calculated for formula aid under section 3317.022 of the Revised
Code.

The
Department of Education and Workforce, with the approval of the
Director of Budget and Management, shall determine the monthly
distribution schedules of appropriation item 200550, Foundation
Funding - All Students, and appropriation item 200612, Foundation
Funding - All Students. If adjustments to the monthly distribution
schedule are necessary, the Department shall make such adjustments
with the approval of the Director.

Section
265.340.
ACCELERATE
GREAT SCHOOLS

The
foregoing appropriation item 200614, Accelerate Great Schools, shall
be used by the Department of Education and Workforce to support the
Accelerate Great Schools public-private partnership.

Section
265.350.
QUALITY
COMMUNITY AND INDEPENDENT STEM SCHOOLS SUPPORT

The
foregoing appropriation item 200631, Quality Community and
Independent STEM Schools Support, shall be used to distribute the
amounts calculated under sections 3317.27 and 3317.29 of the Revised
Code for the Quality Community School Support and the Quality
Independent STEM School Support programs. If the amount appropriated
is not sufficient, the Department shall prorate the amounts so that
the aggregate amount appropriated is not exceeded.

Section
265.360.
COMMUNITY
SCHOOL FACILITIES

The
foregoing appropriation item 200684, Community School Facilities,
shall be used to distribute the amounts calculated under section
3317.31 of the Revised Code for assistance with the cost associated
with facilities. If the amount appropriated is not sufficient, the
Department shall prorate the amounts so that the aggregate amount
appropriated is not exceeded.

Section
265.370.
LOTTERY
PROFITS EDUCATION RESERVE FUND

(A)
There is hereby created the Lottery Profits Education Reserve Fund
(Fund 7018) in the State Treasury. Investment earnings of the Lottery
Profits Education Reserve Fund shall be credited to the fund.

(B)
Notwithstanding any other provision of law to the contrary, the
Director of Budget and Management may transfer cash from Fund 7018 to
the Lottery Profits Education Fund (Fund 7017) in fiscal year 2026
and fiscal year 2027.

(C)
On July 15, 2025, or as soon as possible thereafter, the Director of
the Ohio Lottery Commission shall certify to the Director of Budget
and Management the amount by which lottery profit transfers received
by Fund 7017 exceeded $1,440,000,000 in fiscal year 2025.

(D)
On July 15, 2026, or as soon as possible thereafter, the Director of
the Ohio Lottery Commission shall certify to the Director of Budget
and Management the amount by which lottery profit transfers received
by Fund 7017 exceeded $1,465,138,202 in fiscal year 2026.

(E)
Notwithstanding any provision of law to the contrary, in fiscal year
2026 and fiscal year 2027, the Director of Budget and Management may
transfer cash in excess of the amounts necessary to support
appropriations in Fund 7017 from that fund to Fund 7018.

Section
265.375.
STUDENT
SUPPORT AND ACADEMIC ENRICHMENT

The
foregoing appropriation item 200634, Student Support and Academic
Enrichment, may be used by school districts, in accordance with state
objectives and applicable federal grant requirements, to do the
following:

(A)
Provide a well-rounded education, including emphasis on numeracy and
the science of reading;

(B)
Provide a safe and drug-free learning environment and healthy
students through use of the "Success Sequence."

(C)
Promote the effective use of technology through use of the "Success
Sequence."

Section
265.380.
Notwithstanding
division (C) of Section 265.355 of H.B. 110 of the 134th General
Assembly and any other provision of law to the contrary, the
Department of Education and Workforce shall use the funds authorized
under Title II, Sec. 2001(f)(1) and (4) of the federal "American
Rescue Plan Act of 2021," Pub. L. No. 117-2, as necessary to
support the After school Child Enrichment (ACE) Educational Savings
Account Program pursuant to section 3310.70 of the Revised Code in
fiscal year 2026. Notwithstanding division (C)(1) of section 3310.70
of the Revised Code, the Department may extend the contract with the
vendor administering the program as of the effective date of this
amendment through fiscal year 2026 and may pay the vendor more than
three per cent of the amount appropriated for the program for fiscal
year 2026.

Section
265.390.
SCHOOL
DISTRICT PARTICIPATION IN NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

The
General Assembly intends for the Director of Education and Workforce
to provide for school district participation in the administration of
the National Assessment of Educational Progress in accordance with
section 3301.27 of the Revised Code. Each school and school district
selected for participation by the Director shall participate.

Section
265.400.
EARMARK
ACCOUNTABILITY

At
the request of the Director of Education and Workforce, any entity
that receives a budget earmark under the Department of Education and
Workforce shall submit annually to the Department a report that
includes a description of the services supported by the funds, a
description of the results achieved by those services, an analysis of
the effectiveness of the program, and an opinion as to the program's
applicability to other school districts. For an earmarked entity that
received state funds from an earmark in the prior fiscal year, no
funds shall be provided by the Department to an earmarked entity for
a fiscal year until its report for the prior fiscal year has been
submitted.

Section
265.410.
COMMUNITY
SCHOOL OPERATING FROM HOME

A
community school established under Chapter 3314. of the Revised Code
that was open for operation as a community school as of May 1, 2005,
may operate from or in any home, as defined in section 3313.64 of the
Revised Code, located in the state, regardless of when the community
school's operations from or in a particular home began.

Section
265.420.
USE
OF VOLUNTEERS

The
Department of Education and Workforce may utilize the services of
volunteers to accomplish any of the purposes of the Department. The
Director of Education and Workforce shall approve for what purposes
volunteers may be used and for these purposes may recruit, train, and
oversee the services of volunteers. The Director may reimburse
volunteers for necessary and appropriate expenses in accordance with
state guidelines and may designate volunteers as state employees for
the purpose of motor vehicle accident liability insurance under
section 9.83 of the Revised Code, for immunity under section 9.86 of
the Revised Code, and for indemnification from liability incurred in
the performance of their duties under section 9.87 of the Revised
Code.

Section
265.430.
FLEXIBLE
FUNDING FOR FAMILIES AND CHILDREN

In
collaboration with the County Family and Children First Council, a
city, local, or exempted village school district, community school,
STEM school, joint vocational school district, educational service
center, or county board of developmental disabilities that receives
allocations from the Department of Education and Workforce from
appropriation item 200550, Foundation Funding - All Students, or
appropriation item 200540, Special Education Enhancements, may
transfer portions of those allocations to a flexible funding pool
authorized by the section of this act entitled "FAMILY AND
CHILDREN FIRST FLEXIBLE FUNDING POOL." Allocations used for
maintenance of effort or for federal or state funding matching
requirements shall not be transferred unless the allocation may still
be used to meet such requirements.

Section
265.440.
PRIVATE
TREATMENT FACILITY PROJECT

(A)
As used in this section:

(1)
The following are "participating residential treatment centers":

(a)
Private residential treatment facilities that have entered into a
contract with the Department of Youth Services to provide services to
children placed at the facility by the Department and which, in
fiscal year 2026 or fiscal year 2027 or both, the Department pays
through appropriation item 470401, RECLAIM Ohio;

(b)
Abraxas, in Shelby;

(c)
Paint Creek, in Bainbridge;

(d)
F.I.R.S.T., in Mansfield.

(2)
"Education program" means an elementary or secondary
education program or a special education program and related
services.

(3)
"Served child" means any child receiving an education
program pursuant to division (B) of this section.

(4)
"School district responsible for tuition" means a city,
exempted village, or local school district that, if tuition payment
for a child by a school district is required under law that existed
in fiscal year 1998, is the school district required to pay that
tuition.

(5)
"Residential child" means a child who resides in a
participating residential treatment center and who is receiving an
educational program under division (B) of this section.

(B)
A youth who is a resident of the state and has been assigned by a
juvenile court or other authorized agency to a residential treatment
facility specified in division (A) of this section shall be enrolled
in an approved educational program located in or near the facility.
Approval of the educational program shall be contingent upon
compliance with the criteria established for such programs by the
Department of Education and Workforce. The educational program shall
be provided by a school district or educational service center, or by
the residential facility itself. Maximum flexibility shall be given
to the residential treatment facility to determine the provider. In
the event that a voluntary agreement cannot be reached and the
residential facility does not choose to provide the educational
program, the educational service center in the county in which the
facility is located shall provide the educational program at the
treatment center to children under twenty-two years of age residing
in the treatment center.

(C)
Any school district responsible for tuition for a residential child
shall, notwithstanding any conflicting provision of the Revised Code
regarding tuition payment, pay tuition for the child for fiscal year
2026 and fiscal year 2027 to the education program provider and in
the amount specified in this division. If there is no school district
responsible for tuition for a residential child and if the
participating residential treatment center to which the child is
assigned is located in the city, exempted village, or local school
district that, if the child were not a resident of that treatment
center, would be the school district where the child is entitled to
attend school under sections 3313.64 and 3313.65 of the Revised Code,
that school district, notwithstanding any conflicting provision of
the Revised Code, shall pay tuition for the child for fiscal year
2026 and fiscal year 2027 under this division unless that school
district is providing the educational program to the child under
division (B) of this section.

A
tuition payment under this division shall be made to the school
district, educational service center, or residential treatment
facility providing the educational program to the child.

The
amount of tuition paid shall be:

(1)
The amount of tuition determined for the district under division (A)
of section 3317.08 of the Revised Code;

(2)
In addition, for any student receiving special education pursuant to
an individualized education program as defined in section 3323.01 of
the Revised Code, a payment for excess costs. This payment shall
equal the actual cost to the school district, educational service
center, or residential treatment facility of providing special
education and related services to the student pursuant to the
student's individualized education program, minus the tuition paid
for the child under division (C)(1) of this section.

A
school district paying tuition under this division shall not include
the child for whom tuition is paid in the district's average daily
membership certified under division (A) of section 3317.03 of the
Revised Code.

(D)
In each of fiscal years 2026 and 2027, the Department of Education
and Workforce shall reimburse, from appropriations made for the
purpose, a school district, educational service center, or
residential treatment facility, whichever is providing the service,
that has demonstrated that it is in compliance with the funding
criteria for each served child for whom a school district must pay
tuition under division (C) of this section. The amount of the
reimbursement shall be the amount appropriated for this purpose
divided by the full-time equivalent number of children for whom
reimbursement is to be made.

(E)
Funds provided to a school district, educational service center, or
residential treatment facility under this section shall be used to
supplement, not supplant, funds from other public sources for which
the school district, service center, or residential treatment
facility is entitled or eligible.

(F)
The Department of Education and Workforce shall track the utilization
of funds provided to school districts, educational service centers,
and residential treatment facilities under this section and monitor
the effect of the funding on the educational programs they provide in
participating residential treatment facilities. The Department shall
monitor the programs for educational accountability.

Section
265.450.
Notwithstanding
anything to the contrary in section 3317.011 of the Revised Code, for
fiscal years 2026 and 2027, the Department of Education and Workforce
shall do all of the following:

(A)
Calculate a school district's academic co-curricular activities cost
under division (E)(4) of that section using the sum of the enrolled
ADM of every school district that reported the data specified in
division (E)(4)(a) of that section;

(B)
Calculate a district's supplies and academic content cost under
division (E)(6) of that section using the sum of the enrolled ADM of
every school district that reported the data specified in division
(E)(6)(a) of that section;

(C)
Calculate a district's athletic co-curricular activities base cost
under division (H) of that section using the sum of the enrolled ADM
of every school district that reported the data specified in division
(H)(2) of that section;

(D)
Calculate a district's building operations cost under division (G)(3)
of that section using the sum of the enrolled ADM of every city,
local, and exempted village school district that reported the data
specified in divisions (G)(3)(a)(i) and (ii) of that section.

Section
265.560.

AIM
HIGHER PILOT PROGRAM

(A)
The Department of Education and Workforce shall establish a pilot
program to provide additional funding to each joint vocational school
district that operates a dropout prevention and recovery program in
fiscal year 2026. Such a district may choose to participate in the
program by notifying the Department of its intent to participate in a
form and manner and by a date determined by the Department.

(B)
The Department shall pay a participating district a sum equal to the
following for each student newly enrolled in the district's dropout
prevention and recovery program in fiscal year 2026 or fiscal year
2027:

(1)
$500 X the number of credits earned by the student in fiscal year
2026;

(2)
$2,500 if the student obtains an industry-recognized credential, or
group of credentials, approved under section 3313.6113 of the Revised
Code in fiscal year 2026 that meet the criteria established under
that section to help the student qualify for a high school diploma,
as determined by the Department.

(C)
The Department shall make a one-time grant payment of $250,000 in
fiscal year 2026 to any participating district that has a dropout
prevention and recovery program in its first three years of operation
and requests a payment under this division. The participating
district shall designate $175,000 of the grant for career-technical
education equipment and $75,000 of the grant for building renovation.

(D)
A participating district shall spend the balance of any payments made
under this section prior to July 1, 2027.

(E)
The Department shall adopt guidelines and procedures to operate the
pilot program."

Section
265.600.
RURAL
TRANSPORTATION GRANT PROGRAM

(A)(1)
The Rural Transportation Grant Program is created for fiscal years
2026 and 2027. The Department of Education and Workforce shall award
rural transportation grants each fiscal year to dropout prevention
and recovery community schools that meet both of the following
requirements:

(a)
More than seventy-five per cent of the school's students are
economically disadvantaged, as determined by the department;

(b)
The school's territory is located in three counties and contains more
than twelve school districts.

(2)
The Department shall determine the amount of each grant awarded, but
no grant shall exceed four hundred fifty thousand dollars for any
fiscal year.

(B)
Schools shall use grants awarded under this section to transport
students."

Section
265.650.
FINANCIAL
LITERACY AND WORKFORCE READINESS PROGRAMMING INITIATIVE

(A)
The Financial Literacy and Workforce Readiness Programming Initiative
is established within the Department of Education and Workforce. The
Programming Initiative shall operate in fiscal years 2026 and 2027.
The purpose of the Programming Initiative is to ensure the next
generation's preparedness in financial literacy, workforce or career
readiness, entrepreneurship, and other relevant skills to enter and
be competitive in Ohio's future workforce economy.

(B)(1)
The Department shall distribute appropriated funds to the following
organizations as part of the Programming Initiative:

(a)
Junior Achievement of North Central Ohio;

(b)
Junior Achievement of Greater Cleveland;

(c)
Junior Achievement of Eastern Ohio;

(d)
Junior Achievement of Northwestern Ohio;

(e)
Junior Achievement of OKI Partners;

(f)
Junior Achievement of Central Ohio.

(2)
The participating organizations listed under division (B)(1) of this
section shall collaborate with local schools, institutions of higher
education, local, regional, and statewide employers and businesses,
subject matter experts, community-based organizations, and other
public-private entities or agencies to implement the Programming
Initiative.

(C)
The Programming Initiative shall do all of the following:

(1)
Place specific emphasis on engagement with students, teachers, and
schools primarily located in underserved communities, under-resourced
rural areas, or those with populations considered economically
disadvantaged;

(2)
Increase capacity and resources that expand each of the participating
organizations' collective ability to offer more financial literacy,
workforce readiness and entrepreneurship, or related programming such
as work-based learning experiences designed to engage more students
in the geographic areas to which the participating organizations
provide services;

(3)
Increase the number of students measurably impacted by the
participating organizations' services and increase the number of
counties where services are offered;

(4)
Assist students enrolled in any of grades nine through twelve with
direct entry into the workforce, access to higher education, or
in-demand job training;

(5)
Assist participating students in creating and implementing career
pathways;

(6)
Strengthen each participating organization's capacity and resources
to collectively provide up to ten student-focused engagement events
involving students and teachers from multiple schools and communities
in northeast and central portions of the state. The engagement events
shall do both of the following:

(a)
Enhance and deepen participating students' ability to demonstrate
mastery of financial literacy, workforce or career readiness,
entrepreneurship, or related skills and knowledge vital to equipping
and preparing students with the requisite skills, competencies, and
knowledge to be competitive for in-demand jobs within the state and
global workforce economy, particularly those that are considered
high-growth jobs in the state of Ohio;

(b)
Be offered to all partnering schools and respective students;
however, the emphasis shall remain on the engagement of students and
schools that meet the conditions prescribed under division (C)(1) of
this section."

Section
265.660.
For
fiscal year 2026, each school district board of education shall make
the initial submission of current budget information and three-year
projections required under division (A) of section 5705.391 of the
Revised Code not later than October 15, 2025. Each board shall submit
the required information in accordance with the joint rules of the
Department of Education and Workforce and the Auditor of State
existing as of the effective date of this section.

Section
265.670.
Notwithstanding
anything to the contrary in the Revised Code, the Department of
Education and Workforce shall accept applications and award
scholarships under sections 3310.41 and 3310.52 of the Revised Code
for the 2025-2026 school year for any child who meets all of the
following:

(A)
The child is at least eighteen years of age and less than twenty-two
years of age.

(B)
The child is enrolled in a chartered or nonchartered nonpublic
school, is home educated in accordance with section 3321.042 of the
Revised Code, or is a student older than compulsory school age and
less than twenty-two years of age and received a home education in
accordance with section 3321.042 of the Revised Code and has not
received a diploma under section 3313.6110 of the Revised Code.

(C)
The child is still eligible to receive transition services under the
child's individualized education program developed under Chapter
3323. of the Revised Code.

(D)
If the child is participating in, or applying to participate in, the
autism scholarship program established under section 3310.41 of the
Revised Code, the child's individualized education program includes
services related to autism.

Section
267.10.

1

2

3

4

5

A

ELC
OHIO ELECTIONS COMMISSION

B

General
Revenue Fund

C

GRF

051321

Operating
Expenses

$214,400

$0

D

General
Revenue Fund Total

$214,400

$0

E

Dedicated
Purpose Fund Group

F

4P20

051601

Operating
Support

$225,600

$0

G

Dedicated
Purpose Fund Group Total

$225,600

$0

H

TOTAL
ALL BUDGET FUND GROUPS

$440,000

$0

Section
269.10.

1

2

3

4

5

A

FUN
STATE BOARD OF EMBALMERS AND FUNERAL DIRECTORS

B

General
Revenue Fund

C

GRF

881500

Indigent
Burial and Cremation Support

$250,000

$250,000

D

General
Revenue Fund Total

$250,000

$250,000

E

Dedicated
Purpose Fund Group

F

4K90

881609

Operating
Expenses

$1,156,000

$1,213,000

G

Dedicated
Purpose Fund Group Total

$1,156,000

$1,213,000

H

TOTAL
ALL BUDGET FUND GROUPS

$1,406,000

$1,463,000

Section
271.10.

1

2

3

4

5

A

PAY
EMPLOYEE BENEFITS FUNDS

B

Fiduciary
Fund Group

C

1240

995673

Payroll
Deductions

$1,017,970,800

$1,048,509,924

D

8050

995675

Commuter
Benefits

$1,845,860

$1,967,540

E

8060

995666

Accrued
Leave Fund

$128,408,784

$132,260,611

F

8070

995667

Disability
Fund

$27,805,294

$28,337,915

G

8080

995668

State
Employee Health Benefit Fund

$1,068,647,159

$1,132,765,988

H

8090

995669

Dependent
Care Spending Account

$2,996,802

$3,196,895

I

8100

995670

Life
Insurance Investment Fund

$2,644,330

$2,723,060

J

8110

995671

Parental
Leave Benefit Fund

$18,601,000

$19,159,030

K

8130

995672

Health
Care Spending Account

$19,690,922

$20,694,694

L

Fiduciary
Fund Group Total

$2,288,610,951

$2,389,615,657

M

TOTAL
ALL BUDGET FUND GROUPS

$2,288,610,951

$2,389,615,657

Section
271.20.
PAYROLL
DEDUCTION FUND

The
foregoing appropriation item 995673, Payroll Deductions, shall be
used to make payments from the Payroll Deduction Fund (Fund 1240)
pursuant to section 125.21 of the Revised Code. If it is determined
by the Director of Budget and Management that additional amounts are
necessary, the amounts are hereby appropriated.

ACCRUED
LEAVE LIABILITY FUND

The
foregoing appropriation item 995666, Accrued Leave Fund, shall be
used to make payments from the Accrued Leave Liability Fund (Fund
8060) pursuant to section 125.211 of the Revised Code. If it is
determined by the Director of Budget and Management that additional
amounts are necessary, the amounts are hereby appropriated.

STATE
EMPLOYEE DISABILITY LEAVE BENEFIT FUND

The
foregoing appropriation item 995667, Disability Fund, shall be used
to make payments from the State Employee Disability Leave Benefit
Fund (Fund 8070) pursuant to section 124.83 of the Revised Code. If
it is determined by the Director of Budget and Management that
additional amounts are necessary, the amounts are hereby
appropriated.

STATE
EMPLOYEE HEALTH BENEFIT FUND

The
foregoing appropriation item 995668, State Employee Health Benefit
Fund, shall be used to make payments from the State Employee Health
Benefit Fund (Fund 8080) pursuant to section 124.87 of the Revised
Code. If it is determined by the Director of Budget and Management
that additional amounts are necessary, the amounts are hereby
appropriated.

DEPENDENT
CARE SPENDING FUND

The
foregoing appropriation item 995669, Dependent Care Spending Account,
shall be used to make payments from the Dependent Care Spending Fund
(Fund 8090) to employees eligible for dependent care expenses
pursuant to section 124.822 of the Revised Code. If it is determined
by the Director of Budget and Management that additional amounts are
necessary, the amounts are hereby appropriated.

LIFE
INSURANCE INVESTMENT FUND

The
foregoing appropriation item 995670, Life Insurance Investment Fund,
shall be used to make payments from the Life Insurance Investment
Fund (Fund 8100) for the costs and expenses of the state's life
insurance benefit program pursuant to section 125.212 of the Revised
Code. If it is determined by the Director of Budget and Management
that additional amounts are necessary, the amounts are hereby
appropriated.

PARENTAL
LEAVE BENEFIT FUND

The
foregoing appropriation item 995671, Parental Leave Benefit Fund,
shall be used to make payments from the Parental Leave Benefit Fund
(Fund 8110) to employees eligible for parental leave benefits
pursuant to sections 124.136 and 124.137 of the Revised Code. If it
is determined by the Director of Budget and Management that
additional amounts are necessary, the amounts are hereby
appropriated.

HEALTH
CARE SPENDING ACCOUNT FUND

The
foregoing appropriation item 995672, Health Care Spending Account,
shall be used to make payments from the Health Care Spending Account
Fund (Fund 8130) for payments pursuant to state employees'
participation in a flexible spending account for nonreimbursed health
care expenses and section 124.821 of the Revised Code. If it is
determined by the Director of Budget and Management that additional
amounts are necessary, the amounts are hereby appropriated.

COMMUTER
BENEFITS

The
foregoing appropriation item 995675, Commuter Benefits, shall be used
to make payments from the Commuter Benefits Fund (Fund 8050) for
employees who elect to participate in the Commuter Benefits Program.
If the Director of Budget and Management determines that additional
amounts are necessary, the amounts are hereby appropriated.

Section
273.10.

1

2

3

4

5

A

ERB
STATE EMPLOYMENT RELATIONS BOARD

B

General
Revenue Fund

C

GRF

125321

Operating
Expenses

$4,533,029

$4,655,023

D

General
Revenue Fund Total

$4,533,029

$4,655,023

E

Dedicated
Purpose Fund Group

F

5720

125603

Training
and Publications

$138,000

$138,972

G

Dedicated
Purpose Fund Group Total

$138,000

$138,972

H

TOTAL
ALL BUDGET FUND GROUPS

$4,671,029

$4,793,995

Section
275.10.

1

2

3

4

5

A

ENG
STATE BOARD OF ENGINEERS AND SURVEYORS

B

Dedicated
Purpose Fund Group

C

4K90

892609

Operating
Expenses

$1,378,866

$1,465,930

D

Dedicated
Purpose Fund Group Total

$1,378,866

$1,465,930

E

TOTAL
ALL BUDGET FUND GROUPS

$1,378,866

$1,465,930

Section
277.10.

1

2

3

4

5

A

EPA
ENVIRONMENTAL PROTECTION AGENCY

B

General
Revenue Fund

C

GRF

715502

Auto
Emissions E-Check Program

$13,232,534

$13,265,775

D

General
Revenue Fund Total

$13,232,534

$13,265,775

E

Dedicated
Purpose Fund Group

F

4D50

715618

Recycled
State Materials

$11,500

$11,500

G

4J00

715638

Underground
Injection Control

$514,242

$530,276

H

4K20

715648

Clean
Air - Non Title V

$4,516,349

$4,593,901

I

4K30

715649

Solid
Waste

$14,791,311

$15,098,763

J

4K40

715650

Surface
Water Protection

$11,864,197

$12,101,940

K

4K50

715651

Drinking
Water Protection

$8,774,797

$9,027,993

L

4P50

715654

Cozart
Landfill

$7,500

$7,500

M

4R50

715656

Scrap
Tire Management

$3,558,044

$3,581,336

N

4R90

715658

Voluntary
Action Program

$1,188,026

$1,217,345

O

4T30

715659

Clean
Air - Title V Permit Program

$10,942,818

$11,148,464

P

5000

715608

Immediate
Removal Special Account

$747,051

$769,463

Q

5030

715621

Hazardous
Waste Facility Management

$2,788,523

$2,842,749

R

5050

715623

Hazardous
Waste Cleanup

$9,334,680

$9,559,074

S

5050

715698

Response
and Investigations

$3,822,060

$4,211,500

T

5320

715646

Recycling
and Litter Control

$4,888,354

$5,146,276

U

5410

715670

Site
Specific Cleanup

$17,744,091

$17,746,631

V

5420

715671

Risk
Management Reporting

$144,047

$147,307

W

5860

715637

Scrap
Tire Market Development

$1,000,000

$1,000,000

X

5BC0

715622

Local
Air Pollution Control

$2,100,000

$2,100,000

Y

5BC0

715624

Surface
Water

$6,936,269

$6,936,269

Z

5BC0

715672

Air
Pollution Control

$9,354,059

$9,354,059

AA

5BC0

715673

Drinking
and Ground Water

$4,024,215

$4,133,956

AB

5BC0

715676

Assistance
and Prevention

$4,204,000

$4,359,000

AC

5BC0

715677

Laboratory

$4,235,216

$4,360,265

AD

5BC0

715678

Corrective
Actions

$1,271,429

$1,271,429

AE

5BC0

715687

Areawide
Planning Agencies

$450,000

$450,000

AF

5BC0

715692

Administration

$19,684,900

$20,654,900

AG

5BC0

715694

Environmental
Resource Coordination

$814,339

$832,027

AH

5BT0

715679

C&DD
Groundwater Monitoring

$50,000

$50,000

AI

5PZ0

715696

Drinking
Water Loan Fee

$4,109,640

$4,388,600

AJ

5Y30

715685

Surface
Water Improvement

$520,000

$520,000

AK

5YY0

715405

National
Priorities List Remedial Support Fund

$1,500,000

$1,000,000

AL

6440

715631

Emergency
Response Radiological Safety

$274,997

$280,510

AM

6760

715642

Water
Pollution Control Loan Administration

$5,120,000

$5,282,500

AN

6760

715699

Water
Quality Administration

$5,123,741

$5,250,489

AO

6790

715636

Emergency
Planning

$2,917,000

$2,917,000

AP

6960

715643

Air
Pollution Control Administration

$150,000

$150,000

AQ

6990

715644

Water
Pollution Control Administration

$307,859

$307,858

AR

6A10

715645

Environmental
Education

$550,316

$550,427

AS

6H20

715695

H2Ohio

$7,500,000

$7,500,000

AT

Dedicated
Purpose Fund Group Total

$177,835,570

$181,391,307

AU

Internal
Service Activity Fund Group

AV

1990

715602

Laboratory
Services

$500,000

$500,000

AW

2190

715604

Central
Support Indirect

$10,657,300

$10,657,300

AX

4A10

715640

Operating
Expenses

$1,092,000

$1,117,000

AY

Internal
Service Activity Fund Group Total

$12,249,300

$12,274,300

AZ

Federal
Fund Group

BA

3530

715612

Public
Water Supply

$2,564,882

$2,626,504

BB

3570

715619

Air
Pollution Control - Federal

$6,806,147

$6,929,318

BC

3620

715605

Underground
Injection Control - Federal

$165,382

$169,516

BD

3BU0

715684

Water
Quality Protection

$16,230,503

$16,230,503

BE

3CS0

715688

Federal
NRD Settlements

$1,500,000

$1,500,000

BF

3F30

715632

Federally
Supported Cleanup and Response

$13,779,323

$14,061,350

BG

3HE0

715697

Volkswagen
Clean Air Act Settlement

$6,827,000

$6,841,000

BH

3T30

715669

Drinking
Water State Revolving Fund

$3,054,165

$3,145,894

BI

3V70

715606

Agencywide
Grants

$746,900

$746,900

BJ

Federal
Fund Group Total

$51,674,302

$52,250,985

BK

TOTAL
ALL BUDGET FUND GROUPS

$254,991,706

$259,182,367

Section
277.20.
AREAWIDE
PLANNING AGENCIES

The
Director of Environmental Protection may award grants from
appropriation item 715687, Areawide Planning Agencies, to areawide
planning agencies engaged in areawide water quality management and
planning activities in accordance with Section 208 of the "Federal
Clean Water Act," 33 U.S.C. 1288.

AUTOMOBILE
EMISSION TESTING PROGRAM

The
foregoing appropriation item GRF 715502, Auto Emissions E-Check
Program, shall be used by the Environmental Protection Agency to
support the automobile emission testing program. On July 1, 2025, or
as soon as possible thereafter, the Director of Environmental
Protection may request that the Director of Administrative Services
extend the contract with the vendor operating in accordance with
division (A)(1) of section 3704.14 of the Revised Code for not longer
than twelve months. The Director of Administrative Services may enter
into a contract extension provided that the contract contains the
same terms and no funds are paid for incomplete work, utilizing
appropriation item GRF 715502, Auto Emissions E-Check Program, in the
event that the contractor selected in accordance with division (A)(2)
of section 3704.14 of the Revised Code cannot complete the required
work prior to July 1, 2025.

CASH
TRANSFER TO THE AUTO EMISSIONS TEST FUND FROM THE SCRAP TIRE
MANAGEMENT FUND

The
Director of Budget and Management, at the request of the Director of
Environmental Protection, and upon approval by the Controlling Board,
may transfer up to $1,400,000 cash in each fiscal year from the Scrap
Tire Management Fund (Fund 4R50) to the Auto Emissions Test Fund
(Fund 5BY0).

Section
279.10.

1

2

3

4

5

A

EBR
ENVIRONMENTAL REVIEW APPEALS COMMISSION

B

General
Revenue Fund

C

GRF

172321

Operating
Expenses

$730,000

$765,000

D

General
Revenue Fund Total

$730,000

$765,000

E

TOTAL
ALL BUDGET FUND GROUPS

$730,000

$765,000

Section
281.10.

1

2

3

4

5

A

ETC
BROADCAST EDUCATIONAL MEDIA COMMISSION

B

General
Revenue Fund

C

GRF

935401

Statehouse
News Bureau

$402,000

$402,000

D

GRF

935402

Ohio
Government Telecommunications Services

$2,344,400

$2,344,400

E

GRF

935410

Content
Development, Acquisition, and Distribution

$3,409,000

$2,909,000

F

GRF

935430

Broadcast
Education Operating

$4,108,706

$4,008,569

G

General
Revenue Fund Total

$10,264,106

$9,663,969

H

Dedicated
Purpose Fund Group

I

5FK0

935608

Media
Services

$50,000

$50,000

J

5VB0

935650

Facility
Rental

$10,000

$10,000

K

Dedicated
Purpose Fund Group Total

$60,000

$60,000

L

Internal
Service Activity Fund Group

M

4F30

935603

Affiliate
Services

$4,200

$4,200

N

4T20

935605

Government
Television/ Telecommunications Operating

$55,459

$0

O

Internal
Service Activity Fund Group Total

$59,659

$4,200

P

TOTAL
ALL BUDGET FUND GROUPS

$10,383,765

$9,728,169

Section
281.20.
STATEHOUSE
NEWS BUREAU

The
foregoing appropriation item 935401, Statehouse News Bureau, shall be
used solely to support the operations of the Ohio Statehouse News
Bureau.

OHIO
GOVERNMENT TELECOMMUNICATIONS SERVICES

The
foregoing appropriation item 935402, Ohio Government
Telecommunications Services, shall be used solely to support the
operations of Ohio Government Telecommunications Services which
include providing multimedia support to the state government and its
affiliated organizations and broadcasting the activities of the
legislative, judicial, and executive branches of state government,
among its other functions.

CONTENT
DEVELOPMENT, ACQUISITION, AND DISTRIBUTION

The
foregoing appropriation item 935410, Content Development,
Acquisition, and Distribution, shall be used for the development,
acquisition, and distribution of information resources by public
media and radio reading services and for educational use in the
classroom and online.

Of
the foregoing appropriation item 935410, Content Development,
Acquisition, and Distribution, up to $841,567 in fiscal year 2026 and
$718,134 in fiscal year 2027 shall be allocated equally among the
Ohio educational television stations. Funds shall be used for the
production of interactive instructional programming series with
priority given to resources aligned with state academic content
standards.

Of
the foregoing appropriation item 935410, Content Development,
Acquisition, and Distribution, up to $2,311,039 in fiscal year 2026
and $1,972,077 in fiscal year 2027 shall be distributed by the
Broadcast Educational Media Commission to Ohio's qualified public
educational television stations and educational radio stations to
support their operations. The funds shall be distributed pursuant to
an allocation formula used by the Broadcast Educational Media
Commission in consultation with Ohio's qualified public educational
television stations and educational radio stations.

Of
the foregoing appropriation item 935410, Content Development,
Acquisition, and Distribution, up to $256,394 in fiscal year 2026 and
$218,789 in fiscal year 2027 shall be distributed by the Broadcast
Educational Media Commission to Ohio's qualified radio reading
services to support their operations. The funds shall be distributed
pursuant to an allocation formula used by the Broadcast Educational
Media Commission in consultation with Ohio's qualified radio reading
services.

Section
283.10.

1

2

3

4

5

A

ETH
OHIO ETHICS COMMISSION

B

General
Revenue Fund

C

GRF

146321

Operating
Expenses

$2,480,744

$2,603,142

D

General
Revenue Fund Total

$2,480,744

$2,603,142

E

Dedicated
Purpose Fund Group

F

4M60

146601

Operating
Support

$649,781

$670,793

G

Dedicated
Purpose Fund Group Total

$649,781

$670,793

H

TOTAL
ALL BUDGET FUND GROUPS

$3,130,525

$3,273,935

Section
285.10.

1

2

3

4

5

A

EXP
OHIO EXPOSITIONS COMMISSION

B

General
Revenue Fund

C

GRF

723403

Junior
Fair Subsidy

$380,000

$380,000

D

General
Revenue Fund Total

$380,000

$380,000

E

Dedicated
Purpose Fund Group

F

4N20

723602

Ohio
State Fair Harness Racing

$350,000

$350,000

G

5060

723601

Operating
Expenses

$20,000,000

$20,000,000

H

5060

723604

Grounds
Maintenance and Repairs

$300,000

$300,000

I

Dedicated
Purpose Fund Group Total

$20,650,000

$20,650,000

J

TOTAL
ALL BUDGET FUND GROUPS

$21,030,000

$21,030,000

Section
285.20.
STATE
FAIR RESERVE

The
General Manager of the Expositions Commission, in consultation with
the Director of Budget and Management, may submit a request to the
Controlling Board to use available amounts in the State Fair Reserve
Fund (Fund 6400) if revenues from either the 2025 or the 2026 Ohio
State Fair are unexpectedly low.

On
July 1 of each fiscal year, or as soon as possible thereafter, the
Director of Budget and Management, in consultation with the General
Manager of the Expositions Commission, may determine that the Ohio
Expositions Fund (Fund 5060) has a cash balance in excess of the
anticipated operating costs of the Exposition Commission in that
fiscal year. Notwithstanding section 991.04 of the Revised Code, the
Director of Budget and Management may transfer an amount up to the
excess cash from Fund 5060 to Fund 6400 in each fiscal year.

Section
287.10.

1

2

3

4

5

A

FCC
OHIO FACILITIES CONSTRUCTION COMMISSION

B

General
Revenue Fund

C

GRF

230321

Operating
Expenses

$10,750,000

$10,750,000

D

GRF

230401

Cultural
Facilities Lease Rental Bond Payments

$37,500,000

$37,500,000

E

GRF

230908

Common
Schools General Obligation Bond Debt Service

$255,000,000

$230,000,000

F

General
Revenue Fund Total

$303,250,000

$278,250,000

G

Internal
Service Activity Fund Group

H

1310

230639

State
Construction Management Operations

$9,590,355

$10,233,822

I

Internal
Service Activity Fund Group Total

$9,590,355

$10,233,822

J

Revenue
Distribution Fund Group

K

7047

230647

Project
Support

$20,000,000

$0

L

Revenue
Distribution Fund Group Total

$20,000,000

$0

M

TOTAL
ALL BUDGET FUND GROUPS

$332,840,355

$288,483,822

Section
287.20.
CULTURAL
FACILITIES LEASE RENTAL BOND PAYMENTS

The
foregoing appropriation item 230401, Cultural Facilities Lease Rental
Bond Payments, shall be used to meet all payments during the period
from July 1, 2025, through June 30, 2027, by the Ohio Facilities
Construction Commission pursuant to leases and agreements for
cultural and sports facilities made under section 154.23 of the
Revised Code. These appropriations are the source of funds pledged
for bond service charges on related obligations issued under Chapter
154. of the Revised Code.

COMMON
SCHOOLS GENERAL OBLIGATION BOND DEBT SERVICE

The
foregoing appropriation item 230908, Common Schools General
Obligation Bond Debt Service, shall be used to pay all debt service
and related financing costs during the period from July 1, 2025,
through June 30, 2027, on obligations issued under sections 151.01
and 151.03 of the Revised Code.

PROJECT
SUPPORT

(A)
Notwithstanding section 5751.02 of the Revised Code, the forgoing
appropriation item 230647, Project Support, shall be used by the Ohio
Facilities Construction Commission to support the construction or
renovation of a school building pursuant to division (B) of this
section.

An
amount equal to the unexpended, unencumbered balance of the foregoing
appropriation item 230647, Project Support, at the end of fiscal year
2026 is hereby reappropriated for the same purpose in fiscal year
2027.

(B)
Upon application from a qualifying district, the Ohio Facilities
Construction Commission shall provide funding to the district for a
special facilities project to renovate or construct a school
building. In calculating the amount of the funding, the Commission
shall use the district's most recent percentile ranking under section
3318.011 of the Revised Code to determine the state's share of the
project cost, provided that the state's share shall not be less than
ninety per cent of the cost of the project or exceed the amount of
the appropriation.

If
necessary, the Commission shall proportionately reduce the amount of
funding for each qualifying district that applies so as not to exceed
the amount appropriated for the purposes of this section.

A
qualifying district shall apply to participate in the program not
later than December 31, 2025, and in a form and manner prescribed by
the Commission.

For
the purposes of this section, "qualifying district" means a
school district to which all of the following apply:

(1)
The district operates at least one school building in a county with a
population of more than one hundred thousand people and at least one
school building in another county with a population of less than
fifty thousand people.

(2)
The district's classroom facilities project was deferred or lapsed.

(3)
The existing building included in the special facilities project for
which the district applies for funding was originally constructed
prior to June 30, 1925.

Section
287.30.
SCHOOL
FACILITIES ENCUMBRANCES AND REAPPROPRIATION

At
the request of the Executive Director of the Ohio Facilities
Construction Commission, the Director of Budget and Management may
cancel encumbrances for school district projects from a previous
biennium if the district has not raised its local share of project
costs within sixteen months of receiving Controlling Board approval
under section 3318.05 or 3318.41 of the Revised Code. The Executive
Director of the Ohio Facilities Construction Commission shall certify
the amounts of the canceled encumbrances to the Director of Budget
and Management on a quarterly basis. The amounts of the canceled
encumbrances are hereby appropriated.

Section
287.40.
CAPITAL
DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

On
July 1, 2025, or as soon as possible thereafter, the Executive
Director of the Ohio Facilities Construction Commission shall certify
to the Director of Budget and Management the amount of cash receipts
and related investment income, irrevocable letters of credit from a
bank, or certification of the availability of funds that have been
received from a county or a municipal corporation for deposit into
the Capital Donations Fund (Fund 5A10) and that are related to an
anticipated project. These amounts are hereby appropriated to
appropriation item C230E2, Capital Donations. Prior to certifying
these amounts to the Director, the Executive Director shall make a
written agreement with the participating entity on the necessary cash
flows required for the anticipated construction or equipment
acquisition project.

Section
287.50.
AMENDMENT
TO PROJECT AGREEMENT FOR MAINTENANCE LEVY

The
Ohio Facilities Construction Commission shall amend the project
agreement between the Commission and a school district that is
participating in the Accelerated Urban School Building Assistance
Program as of September 29, 2018, if the Commission determines that
it is necessary to do so in order to comply with division (B)(3)(c)
of section 3318.38 of the Revised Code.

Section
287.60.
Notwithstanding
any other provision of law to the contrary, the Ohio Facilities
Construction Commission may determine the amount of funding available
for disbursement in a given fiscal year for any project approved
under sections 3318.01 to 3318.20 of the Revised Code in order to
keep aggregate state capital spending within approved limits and may
take actions including, but not limited to, determining the schedule
for design or bidding of approved projects, to ensure appropriate and
supportable cash flow.

Section
287.70.
RETURNED
OR RECOVERED FUNDS

Notwithstanding
any provision of law to the contrary, any moneys a school district
transfers to the Ohio Facilities Construction Commission under
division (C)(2) or (3) of section 3318.12 of the Revised Code as well
as any moneys recovered from settlements with or judgments against
parties relating to their involvement in a classroom facilities
project shall be deposited into the fund from which the capital
appropriation for the project was made. In any fiscal year in which
the Commission has made a deposit under this section, the Executive
Director of the Ohio Facilities Construction Commission may seek
Controlling Board approval to increase appropriations from those
funds and specified appropriation items in an amount equal to the
amount of the funds deposited under this section. The additional
amounts, if approved, shall be used in accordance with the purposes
of Chapter 3318. of the Revised Code for projects pursuant to
sections 3318.01 to 3318.20 or sections 3318.40 to 3318.45 of the
Revised Code. Upon approval of the Controlling Board, the additional
amounts are hereby appropriated.

Section
289.10.

1

2

3

4

5

A

GOV
OFFICE OF THE GOVERNOR

B

General
Revenue Fund

C

GRF

040321

Operating
Expenses

$3,481,221

$3,580,624

D

General
Revenue Fund Total

$3,481,221

$3,580,624

E

Internal
Service Activity Fund Group

F

5AK0

040607

Government
Relations

$715,600

$734,442

G

Internal
Service Activity Fund Group Total

$715,600

$734,442

H

TOTAL
ALL BUDGET FUND GROUPS

$4,196,821

$4,315,066

Section
289.20.
OPERATING
EXPENSES

On
July 1, 2025, or as soon as possible thereafter, the Governor or the
Governor's designee may certify to the Director of Budget and
Management an amount up to the unexpended, unencumbered balance of
the foregoing appropriation item 040321, Operating Expenses, at the
end of fiscal year 2025 to be reappropriated for fiscal year 2026.
The amount certified is hereby reappropriated to the same
appropriation item for fiscal year 2026.

On
July 1, 2026, or as soon as possible thereafter, the Governor or the
Governor's designee may certify to the Director of Budget and
Management an amount up to the unexpended, unencumbered balance of
the foregoing appropriation item 040321, Operating Expenses, at the
end of fiscal year 2026 to be reappropriated for fiscal year 2027.
The amount certified is hereby reappropriated to the same
appropriation item for fiscal year 2027.

GOVERNMENT
RELATIONS

The
Office of the Governor may issue an intrastate transfer voucher to
charge any state agency of the executive branch such amounts
necessary to represent the interests of Ohio to federal, state, and
local government units and to cover the costs or membership dues
related to Ohio's participation in national and regional
associations. Amounts collected shall be deposited in the Government
Relations Fund (Fund 5AK0).

Section
291.10.

1

2

3

4

5

A

DOH
DEPARTMENT OF HEALTH

B

General
Revenue Fund

C

GRF

440413

Local
Health Department Support

$2,379,000

$2,379,000

D

GRF

440416

Mothers
and Children Safety Net Services

$4,639,763

$4,690,570

E

GRF

440431

Free
Clinic Safety Net Services

$1,755,837

$1,758,067

F

GRF

440438

Breast
and Cervical Cancer Screening

$1,190,549

$1,199,779

G

GRF

440444

AIDS
Prevention

$3,610,779

$3,623,351

H

GRF

440451

Public
Health Laboratory

$8,893,355

$8,926,237

I

GRF

440452

Child
and Family Health Services Match

$667,650

$683,513

J

GRF

440453

Health
Care Quality Assurance

$6,868,538

$7,023,632

K

GRF

440454

Environmental
Health/Radiation Protection

$5,241,349

$5,241,615

L

GRF

440465

FQHC
Primary Care Workforce Initiative

$2,695,268

$2,698,697

M

GRF

440472

Alcohol
Testing

$1,313,349

$1,338,992

N

GRF

440482

Chronic
Disease, Injury Prevention, and Drug Overdose

$2,218,750

$2,195,097

O

GRF

440483

Infectious
Disease Prevention and Control

$4,924,753

$4,988,016

P

GRF

440484

Public
Health Technology Innovation

$909,147

$929,959

Q

GRF

440485

Health
Program Support

$14,737,500

$14,187,500

R

GRF

440495

Toxicology
Screenings

$1,000,000

$1,000,000

S

GRF

440496

Children's
Vision Services

$5,000,000

$5,000,000

T

GRF

440505

Children
and Youth with Special Health Care Needs

$13,115,000

$12,615,000

U

GRF

440507

Targeted
Healthcare Services - Over 21

$2,000,000

$2,000,000

V

GRF

440527

Lead
Abatement

$250,000

$250,000

W

GRF

440672

Youth
Homelessness

$2,754,474

$2,755,903

X

GRF

654453

Medicaid
– State Health Program Support

$4,478,896

$4,581,836

Y

General
Revenue Fund Total

$90,643,957

$90,066,764

Z

Highway
Safety Fund Group

AA

4T40

440603

Child
Highway Safety

$200,000

$200,000

AB

Highway
Safety Fund Group Total

$200,000

$200,000

AC

Dedicated
Purpose Fund Group

AD

4700

440605

Emergency
Preparation and Response

$2,500,000

$2,500,000

AE

4700

440647

Fee
Supported Programs

$32,650,000

$33,629,000

AF

4710

440619

Certificate
of Need

$408,045

$408,045

AG

4730

440622

Lab
Operating Expenses

$8,985,000

$9,254,001

AH

4770

440627

Children
and Youth with Special Health Care Needs Audit

$4,942,318

$4,973,075

AI

4D60

440608

Genetics
Services

$3,316,583

$3,416,000

AJ

4F90

440610

Sickle
Cell Disease Control

$850,000

$850,000

AK

4G00

440636

Heirloom
Birth Certificate

$15,000

$15,000

AL

4G00

440637

Birth
Certificate Surcharge

$15,000

$15,000

AM

4L30

440609

HIV
Care and Miscellaneous Expenses

$52,697,000

$52,697,000

AN

4P40

440628

Ohio
Physician Loan Repayment

$1,000,000

$1,000,000

AO

4V60

440641

Save
Our Sight

$2,505,000

$2,580,000

AP

5B50

440616

Quality,
Monitoring, and Inspection

$5,753,000

$5,925,000

AQ

5BX0

440656

Tobacco
Use Prevention, Cessation, and Enforcement

$6,000,000

$6,000,000

AR

5D60

440620

Second
Chance Trust

$1,892,541

$1,892,541

AS

5ED0

440651

Smoke
Free Indoor Air

$280,000

$280,000

AT

5G40

440639

Adoption
Services

$100,000

$100,000

AU

5PE0

440659

Breast
and Cervical Cancer Services

$500,000

$500,000

AV

5QJ0

440662

Dental
Hygienist Loan Repayments

$100,000

$100,000

AW

5SH0

440520

Children's
Wish Grant Program

$275,000

$275,000

AX

5YS0

440491

Chiropractic
Loan Repayment

$30,000

$30,000

AY

5Z70

440624

Ohio
Dentist Loan Repayment

$275,000

$275,000

AZ

6100

440626

Radiation
Emergency Response

$1,551,682

$1,598,000

BA

6660

440607

Children
and Youth with Special Health Care Needs - County Assessments

$24,060,000

$24,060,001

BB

6980

440634

Nurse
Aide Training

$126,600

$126,600

BC

Dedicated
Purpose Fund Group Total

$150,827,769

$152,499,263

BD

Internal
Service Activity Fund Group

BE

1420

440646

Agency
Health Services

$11,575,000

$11,575,000

BF

2110

440613

Central
Support Indirect Costs

$39,575,839

$40,763,000

BG

Internal
Service Activity Fund Group Total

$51,150,839

$52,338,000

BH

Holding
Account Fund Group

BI

R014

440631

Vital
Statistics

$155,000

$155,000

BJ

R048

440625

Refunds,
Grants Reconciliation, and Audit Settlements

$20,000

$20,000

BK

Holding
Account Fund Group Total

$175,000

$175,000

BL

Federal
Fund Group

BM

3200

440601

Maternal
Child Health Block Grant

$25,000,000

$25,750,000

BN

3870

440602

Preventive
Health Block Grant

$11,800,000

$12,154,000

BO

3890

440604

Women,
Infants, and Children

$250,000,000

$250,000,001

BP

3910

440606

Medicare
Survey and Certification

$21,800,000

$22,454,000

BQ

3920

440618

Federal
Public Health Programs

$149,503,000

$153,988,000

BR

3GD0

654601

Medicaid
Program Support

$41,186,077

$41,508,003

BS

3GN0

440660

Public
Health Emergency Preparedness

$75,825,000

$78,099,000

BT

3HP0

440673

Public
Health Emergency Response

$100,500,000

$100,500,000

BU

3HP0

440686

ELC
Strengthening HAI/AR Grant

$10,000,000

$10,000,000

BV

Federal
Fund Group Total

$685,614,077

$694,453,004

BW

TOTAL
ALL BUDGET FUND GROUPS

$978,611,642

$989,732,031

Section
291.20.
MOTHERS
AND CHILDREN SAFETY NET SERVICES

Of
the foregoing appropriation item 440416, Mothers and Children Safety
Net Services, up to $200,000 in each fiscal year may be used to
assist families with children who have hearing loss or hearing
disorders under twenty-six years of age in purchasing hearing aids
and hearing assistive technology. The Director of Health shall adopt
rules governing the distribution of these funds, including rules that
do both of the following: (1) establish eligibility criteria to
include families with incomes at or below four hundred per cent of
the federal poverty guidelines as defined in section 5101.46 of the
Revised Code and (2) develop a sliding scale of disbursements under
this section based on family income. The Director may adopt other
rules as necessary to implement this section. Rules adopted under
this section shall be adopted in accordance with Chapter 119. of the
Revised Code.

FREE
CLINIC SAFETY NET SERVICES

The
foregoing appropriation item 440431, Free Clinic Safety Net Services,
shall be provided to the Charitable Healthcare Network. Funds may be
used to reimburse free clinics for health care services provided, as
well as for administrative services, information technology costs,
infrastructure repair, or other clinic necessities. Additionally, the
Director of Health may designate up to five per cent of the
appropriation in each fiscal year to pay the administrative costs the
Department of Health incurs for operating the program.

AIDS
PREVENTION

The
foregoing appropriation item 440444, AIDS Prevention, shall be used
to administer educational and other prevention initiatives.

FQHC
PRIMARY CARE WORKFORCE INITIATIVE

The
foregoing appropriation item 440465, FQHC Primary Care Workforce
Initiative, shall be provided to the Ohio Association of Community
Health Centers to administer the FQHC Primary Care Workforce
Initiative. The Initiative shall provide medical, dental, behavioral
health, physician assistant, and advanced practice nursing students
with clinical rotations through federally qualified health centers.
Additionally, the Director of Health may designate up to five per
cent of the appropriation in each fiscal year to pay the
administrative costs the Department of Health incurs for operating
the program.

CHRONIC
DISEASE, INJURY PREVENTION, AND DRUG OVERDOSE

Of
the foregoing appropriation item 440482, Chronic Disease, Injury
Prevention, and Drug Overdose, $1,200,000 in fiscal year 2026 and
$200,000 in fiscal year 2027 shall be used to administer the
Parkinson's disease registry, in accordance with section 3701.25 of
the Revised Code, and the stroke registry database, in accordance
with section 3727.131 of the Revised Code. The Department of Health
shall develop the Parkinson's disease registry utilizing an existing
public health population system managed under the Department.

Of
the foregoing appropriation item 440482, Chronic Disease, Injury
Prevention, and Drug Overdose, $250,000 in fiscal year 2026 shall be
used to support the YMCA's Safety Around Water drowning prevention
program. Funds shall be distributed as grants to nonprofit and
community organizations to provide swim lessons to at-risk youth and
water safety education to at-risk youth and adults.

The
remainder of appropriation item 440482, Chronic Disease, Injury
Prevention, and Drug Overdose, shall be used to support the
Department of Health's ongoing health improvement and wellness
efforts, health promotion, and related activities.

HEALTH
PROGRAM SUPPORT

Of
the forgoing appropriation item 440485, Health Program Support,
$10,000,000 in each fiscal year shall be used by the Department of
Health, in consultation with the Department of Education and
Workforce, to support school-based health centers in high-need
counties, as determined by the departments. Prior to establishing a
patient-provider relationship with a minor, a school-based health
center shall obtain general consent to treat the child from the
child's parent, legal guardian, grandparent acting under section
3109.65 of the Revised Code, or other person authorized under Ohio
law to consent to the child's medical care
.

This does not apply in emergency situations, first aid, other
unanticipated minor health care services, or health care services
provided pursuant to a student's IEP or a school district's
obligation under section 504 of the "Rehabilitation Act of
1973," 29 U.S.C. 794.

Of
the foregoing appropriation item 440485, Health Program Support,
$1,000,000 in each fiscal year shall be distributed to Ohio
organizations currently providing all of the following services:
wraparound care, including multidisciplinary clinical care; local
case management services by health care professionals; durable
medical and augmentative communication devices; state and federal
advocacy; and support groups and patient grants for those diagnosed
with amyotrophic lateral sclerosis (ALS). The distribution of funds
shall be based on each awarded organization's identified Ohio county
coverage and by the prevalence rate of persons living with ALS using
the most recent population estimates available from the United States
Census Bureau. Funds shall be used to support persons living with
ALS, including any of the following: wraparound care, case
management, purchase and distribution of durable medical equipment
and augmentative communication devices, and patient grants for
disease-related expenses. Funding is required to be designated in
service to Ohioans and shall not be used for persons living outside
of the state of Ohio.

Of
the foregoing appropriation item 440485, Health Program Support,
$125,000 in each fiscal year shall be provided to Ohio Adolescent
Health Centers to support sexual risk avoidance programs in schools.

Of
the foregoing appropriation item 440485, Health Program Support,
$300,000 in fiscal year 2026 shall be distributed to the Transplant
House of Cleveland to support organ transplant recipients and
caregivers.

Of
the foregoing appropriation item 440485, Health Program Support,
$1,000,000 in each fiscal year shall be distributed to hospitals and
used to support graduate medical education residency slots for
residents placed in family medicine or psychiatry fields. The
Department shall establish requirements regarding the distribution of
funds, including the requirement that funds are used to support
residents placed in family medicine or psychiatry slots.

Of
the foregoing appropriation item 440485, Health Program Support,
$62,500 in each fiscal year shall be provided to the Domestic
Violence Project, Inc. to support the addition of a Community
Educator position.

Of
the foregoing appropriation item 440485, Health Program Support,
$1,000,000 in each fiscal year shall be provided to Memorial Hospital
for the Mid-Ohio Cardiovascular Health Improvement Initiative.

Of
the foregoing appropriation item 440485, Health Program Support,
$250,000 in fiscal year 2026 shall be used to provide fellowship
stipends to Dayton Children's Hospital for pediatric therapy students
interested in prioritized regional needs, as identified by the
hospital.

TOXICOLOGY
SCREENINGS

The
foregoing appropriation item 440495, Toxicology Screenings, shall be
used to reimburse county coroners in counties in which the coroner
has performed toxicology screenings on victims of a drug overdose.
The Director of Health shall transfer the funds to the counties in
proportion to the numbers of toxicology screenings performed per
county.

CHILDREN'S
VISION SERVICES

The
foregoing appropriation item 440496, Children's Vision Services,
shall be used to support the provision of vision care services as
described in Section 291.30 of this act.

TARGETED
HEALTH CARE SERVICES-OVER 21

The
foregoing appropriation item 440507, Targeted Health Care
Services-Over 21, shall be used to administer the Cystic Fibrosis
Program and to implement the Hemophilia Insurance Premium Payment
Program. The Department of Health shall expend up to $100,000 in each
fiscal year to implement the Hemophilia Insurance Premium Payment
Program.

The
foregoing appropriation item 440507, Targeted Health Care
Services-Over 21, shall also be used to do the following: cover
services provided to adults over the age of twenty-one with Cystic
Fibrosis who are eligible for treatment under the Cystic Fibrosis
Program; provide essential medications; and pay the copayments for
drugs approved by the Department of Health and covered by Medicare
Part D that are dispensed to Program for Children and Youth with
Special Health Care Needs participants for the Cystic Fibrosis
Program.

LEAD
ABATEMENT

The
foregoing appropriation item 440527, Lead Abatement, shall be used by
the Department of Health to distribute funds to local governments for
projects that include, but are not limited to, lead hazard control
and housing rehabilitation initiatives that expand the Department's
lead hazard control and prevention efforts.

YOUTH
HOMELESSNESS

Of
the foregoing appropriation item 440672, Youth Homelessness, $250,000
in each fiscal year shall be distributed to the Star House for its
Drop-In Centers and its Carol Stewart Village, or its other expansion
projects, to provide services to homeless youth.

Of
the foregoing appropriation item 440672, Youth Homelessness, shall be
used to address homelessness in youth and pregnant women by providing
assertive outreach to provide stable housing, including recovery
housing. No funds shall be distributed to youth shelters that promote
or affirm social gender transition, in which an individual goes from
identifying with and living as a gender that corresponds to the
individual's biological sex to identifying with and living as a
gender different from the individual's biological sex.

EMERGENCY
PREPARATION AND RESPONSE

The
foregoing appropriation item 440605, Emergency Preparation and
Response, shall be used to support public health emergency
preparedness and response efforts. This appropriation may also be
used to support data infrastructure projects and other data analysis
and analytics work.

CASH
TRANSFER FROM THE CONTROLLING BOARD EMERGENCY PURPOSES/CONTINGENCIES
FUND TO THE GENERAL OPERATIONS FUND

On
July 1 of each fiscal year, or as soon as possible thereafter, the
Director of Budget and Management shall transfer up to $2,500,000
cash from the Controlling Board Emergency Purposes/Contingencies Fund
(Fund 5KM0) to the General Operations Fund (Fund 4700).

FEE
SUPPORTED PROGRAMS

Of
the foregoing appropriation item 440647, Fee Supported Programs,
$2,160,000 in each fiscal year shall be used to distribute subsidies,
on a per capita basis, to local health departments accredited through
the Public Health Accreditation Board, or local health departments
that are in the process of earning accreditation.

Of
the foregoing appropriation item 440647, Fee Supported Programs,
$1,840,000 in each fiscal year shall be used to distribute subsidies
to local health departments accredited through the Public Health
Accreditation Board on a per capita basis.

CHILDREN
AND YOUTH WITH SPECIAL HEALTH CARE NEEDS AUDIT

The
Children and Youth with Special Health Care Needs Audit Fund (Fund
4770) shall receive revenue from audits of hospitals and recoveries
from third-party payers. Moneys may be expended for payment of audit
settlements and for costs directly related to obtaining recoveries
from third-party payers and for encouraging Program for Children and
Youth with Special Health Care Needs recipients to apply for
third-party benefits. Moneys also may be expended for payments for
diagnostic and treatment services on behalf of children and youth
with special health care needs, as defined in division (A) of section
3701.022 of the Revised Code, and Ohio residents who are twenty-one
or more years of age and who are suffering from cystic fibrosis or
hemophilia. Moneys may also be expended for administrative expenses
incurred in operating the Program for Children and Youth with Special
Health Care Needs.

GENETICS
SERVICES

The
foregoing appropriation item 440608, Genetics Services, shall be used
by the Department of Health to administer programs authorized by
sections 3701.501 and 3701.502 of the Revised Code. None of these
funds shall be used to counsel or refer for abortion.

TOBACCO
USE PREVENTION, CESSATION, AND ENFORCEMENT

Of
the foregoing appropriation item 440656, Tobacco Use Prevention,
Cessation, and Enforcement, $1,000,000 in each fiscal year shall be
used by the Director of Health, in consultation with the Director of
Children and Youth, to award funds to private, nonprofit, or
government entities. The Directors shall determine how the funds are
to be distributed, but shall prioritize awards to entities that serve
women who reside in communities that have the highest infant
mortality rates in this state, as identified under section 3701.142
of the Revised Code. Recognizing the significant health risks posed
to women and their children by tobacco use during and after
pregnancy, the Department of Health shall award grants to private,
nonprofit, or government entities that demonstrate the ability to
deliver evidence-based tobacco cessation interventions to women.

The
remainder of appropriation item 440656, Tobacco Use Prevention,
Cessation, and Enforcement, shall be used to administer tobacco use
prevention and cessation activities and programs, to administer
compliance checks, retailer education, and programs related to legal
age restrictions, and to enforce the Ohio Smoke-Free Workplace Act.

CHILDREN
AND YOUTH WITH SPECIAL HEALTH CARE NEEDS - COUNTY ASSESSMENTS

The
foregoing appropriation item 440607, Children and Youth with Special
Health Care Needs - County Assessments, shall be used to make
payments under division (E) of section 3701.023 of the Revised Code.

FEDERAL
PUBLIC HEALTH PROGRAMS

Of
the foregoing appropriation item 440618, Federal Public Health
Programs, $7,800,000 in each fiscal year shall be provided to Ohio
Adolescent Health Centers.

Section
291.30.
OHIO
STUDENT EYE EXAM PROGRAM

(A)
The Department of Health shall establish and administer the Ohio
Student Eye Exam Program, to be known as the OhioSEE Program. Under
the program, vision care services, including vision screenings, eye
examinations, and glasses, may be provided to Ohio students,
kindergarten through third grade, who fail vision screenings and lack
access to follow-up care.

(B)
In administering the program, the Department shall focus on improving
the percentage of vision care referrals completed, increasing student
access to eye examinations, and providing necessary eyewear to
eligible students.

Section
293.10.

1

2

3

4

5

A

HEF
HIGHER EDUCATIONAL FACILITY COMMISSION

B

Dedicated
Purpose Fund Group

C

4610

372601

Operating
Expenses

$15,513

$15,513

D

Dedicated
Purpose Fund Group Total

$15,513

$15,513

E

TOTAL
ALL BUDGET FUND GROUPS

$15,513

$15,513

Section
295.10.

1

2

3

4

5

A

SPA
COMMISSION ON HISPANIC/LATINO AFFAIRS

B

General
Revenue Fund

C

GRF

148321

Operating
Expenses

$466,248

$483,670

D

General
Revenue Fund Total

$466,248

$483,670

E

Dedicated
Purpose Fund Group

F

6010

148602

Special
Initiatives

$50,000

$50,000

G

Dedicated
Purpose Fund Group Total

$50,000

$50,000

H

TOTAL
ALL BUDGET FUND GROUPS

$516,248

$533,670

Section
297.10.

1

2

3

4

5

A

OHS
OHIO HISTORY CONNECTION

B

General
Revenue Fund

C

GRF

360400

Holocaust
and Genocide Memorial and Education Commission

$1,110,000

$1,110,000

D

GRF

360401

Ohio
Commission for the U.S. Semiquincentennial

$8,750,000

$2,000,000

E

GRF

360402

UNESCO
World Heritage Sites

$2,000,000

$2,500,000

F

GRF

360501

Education
and Collections

$6,139,320

$6,147,040

G

GRF

360502

Site
and Museum Operations

$8,752,200

$8,752,200

H

GRF

360504

Ohio
Preservation Office

$965,287

$965,287

I

GRF

360505

National
Afro-American Museum

$811,000

$811,000

J

GRF

360506

Hayes
Presidential Center

$750,000

$750,000

K

GRF

360508

State
Historical Grants

$850,000

$700,000

L

General
Revenue Fund Total

$30,127,807

$23,735,527

M

Dedicated
Purpose Fund Group

N

5KL0

360602

Ohio
History Tax Check-off

$150,000

$150,000

O

5PD0

360603

Ohio
History License Plate

$10,000

$10,000

P

Dedicated
Purpose Fund Group Total

$160,000

$160,000

Q

TOTAL
ALL BUDGET FUND GROUPS

$30,287,807

$23,895,527

Section
297.20.
SUBSIDY
APPROPRIATION

Upon
approval by the Director of Budget and Management, the foregoing
appropriation items shall be released to the Ohio History Connection
in quarterly amounts that in total do not exceed the annual
appropriations. The funds and fiscal records of the Ohio History
Connection for fiscal year 2026 and fiscal year 2027 shall be
examined by independent certified public accountants approved by the
Auditor of State, and a copy of the audited financial statements
shall be filed with the Office of Budget and Management.

The
foregoing appropriations shall be considered to be the contractual
consideration provided by the state to support the state's offer to
contract with the Ohio History Connection under section 149.30 of the
Revised Code.

HOLOCAUST
AND GENOCIDE MEMORIAL COMMISSION

Of
the foregoing appropriation item 360400, Holocaust and Genocide
Memorial and Education Commission, $125,000 in each fiscal year shall
be used for The Nancy and David Wolf Holocaust and Humanity Center.

OHIO
COMMISSION FOR THE U.S. SEMIQUINCENTENNIAL

The
foregoing appropriation item 360401, Ohio Commission for the U.S.
Semiquincentennial, shall be used for grants across the state in
support of the U.S. Semiquincentennial.

Of
the foregoing appropriation item 360401, Ohio Commission for the U.S.
Semiquincentennial, $250,000 in fiscal year 2026 shall be used for
marketing and event operations for the America's River Roots
Festival.

UNESCO
WORLD HERITAGE SITES

The
foregoing appropriation item 360402, UNESCO World Heritage Sites,
shall be used for operating costs for approved United Nations
Educational, Scientific and Cultural Organization (UNESCO) World
Heritage sites in Ohio.

STATE
HISTORICAL GRANTS

Of
the foregoing appropriation item 360508, State Historical Grants,
$350,000 in each fiscal year shall be used for the Western Reserve
Historical Society, and $350,000 in each fiscal year shall be used
for the Cincinnati Museum Center.

Of
the foregoing appropriation item 360508, State Historical Grants,
$150,000 in fiscal year 2026 shall be used for the Wadsworth Area
Historical Society and the preservation of St. Mark's Episcopal
Church located in Wadsworth, Ohio.

Section
299.10.

1

2

3

4

5

A

REP
OHIO HOUSE OF REPRESENTATIVES

B

General
Revenue Fund

C

GRF

025321

Operating
Expenses

$35,100,000

$36,210,000

D

General
Revenue Fund Total

$35,100,000

$36,210,000

E

Internal
Service Activity Fund Group

F

1030

025601

House
of Representatives Reimbursement

$1,433,664

$1,433,664

G

4A40

025602

Miscellaneous
Sales

$50,000

$50,000

H

Internal
Service Activity Fund Group Total

$1,483,664

$1,483,664

I

TOTAL
ALL BUDGET FUND GROUPS

$36,583,664

$37,693,664

Section
299.20.
OPERATING
EXPENSES

On
July 1, 2025, or as soon as possible thereafter, the Chief
Administrative Officer of the House of Representatives may certify to
the Director of Budget and Management an amount up to the unexpended,
unencumbered balance of the foregoing appropriation item 025321,
Operating Expenses, at the end of fiscal year 2025 to be
reappropriated to fiscal year 2026. The amount certified is hereby
reappropriated to the same appropriation item for fiscal year 2026.

On
July 1, 2026, or as soon as possible thereafter, the Chief
Administrative Officer of the House of Representatives may certify to
the Director of Budget and Management an amount up to the unexpended,
unencumbered balance of the foregoing appropriation item 025321,
Operating Expenses, at the end of fiscal year 2026 to be
reappropriated to fiscal year 2027. The amount certified is hereby
reappropriated to the same appropriation item for fiscal year 2027.

HOUSE
REIMBURSEMENT

If
it is determined by the Chief Administrative Officer of the House of
Representatives that additional appropriations are necessary for the
foregoing appropriation item 025601, House of Representatives
Reimbursement, the amounts are hereby appropriated.

Section
301.10.

1

2

3

4

5

A

HFA
OHIO HOUSING FINANCE AGENCY

B

Dedicated
Purpose Fund Group

C

5AZ0

997601

Housing
Finance Agency Personal Services

$19,760,000

$20,485,000

D

Dedicated
Purpose Fund Group Total

$19,760,000

$20,485,000

E

TOTAL
ALL BUDGET FUND GROUPS

$19,760,000

$20,485,000

Section
303.10.

1

2

3

4

5

A

IGO
OFFICE OF THE INSPECTOR GENERAL

B

General
Revenue Fund

C

GRF

965321

Operating
Expenses

$2,079,000

$2,158,000

D

General
Revenue Fund Total

$2,079,000

$2,158,000

E

Internal
Service Activity Fund Group

F

5FA0

965603

Deputy
Inspector General for ODOT

$400,000

$400,000

G

5FT0

965604

Deputy
Inspector General for BWC/OIC

$425,000

$425,000

H

Internal
Service Activity Fund Group Total

$825,000

$825,000

I

TOTAL
ALL BUDGET FUND GROUPS

$2,904,000

$2,983,000

Section
305.10.

1

2

3

4

5

A

INS
DEPARTMENT OF INSURANCE

B

Dedicated
Purpose Fund Group

C

5540

820401

Examination

$11,242,604

$11,690,798

D

5540

820601

Operating
Expenses - OSHIIP

$400,670

$414,002

E

5540

820606

Operating
Expenses

$36,479,179

$37,595,513

F

Dedicated
Purpose Fund Group Total

$48,122,453

$49,700,313

G

Federal
Fund Group

H

3U50

820602

OSHIIP
Operating Grant

$3,050,000

$3,050,000

I

Federal
Fund Group Total

$3,050,000

$3,050,000

J

TOTAL
ALL BUDGET FUND GROUPS

$51,172,453

$52,750,313

Section
305.20.
MARKET
CONDUCT EXAMINATION

When
conducting a market conduct examination of any insurer doing business
in this state, the Superintendent of Insurance may assess the costs
of the examination against the insurer. The Superintendent may enter
into consent agreements to impose administrative assessments or fines
for conduct discovered that may be violations of statutes or rules
administered by the Superintendent. All costs, assessments, or fines
collected shall be deposited to the credit of the Department of
Insurance Operating Fund (Fund 5540).

Section
307.10.

1

2

3

4

5

A

JFS
DEPARTMENT OF JOB AND FAMILY SERVICES

B

General
Revenue Fund

C

GRF

600410

TANF
State Maintenance of Effort

$147,169,083

$147,169,083

D

GRF

600450

Program
Operations

$155,325,446

$156,655,581

E

GRF

600502

Child
Support - Local

$26,400,000

$26,400,000

F

GRF

600521

Family
Assistance - Local

$50,000,000

$50,000,000

G

GRF

600533

Child,
Family, and Community Protection Services

$13,500,000

$13,500,000

H

GRF

600534

Adult
Protective Services

$9,720,000

$9,720,000

I

GRF

655425

Medicaid
Program Support

$15,779,739

$16,393,535

J

GRF

655522

Medicaid
Program Support - Local

$44,000,000

$44,000,000

K

GRF

655523

Medicaid
Program Support - Local Transportation

$43,530,000

$43,530,000

L

General
Revenue Fund Total

$505,424,268

$507,368,199

M

Dedicated
Purpose Fund Group

N

4A80

600658

Public
Assistance Activities

$21,400,000

$21,400,000

O

4A90

600607

Unemployment
Compensation Administration Fund

$45,180,000

$36,670,000

P

5CI1

6006B6

Utility
Community Assistance

$0

$686,947

Q

5ES0

600630

Food
Bank Assistance

$500,000

$500,000

R

5M40

6006B2

Low
Income Energy Assistance

$0

$176,222,102

S

5RY0

600698

Human
Services Project

$10,000,000

$10,000,000

T

Dedicated
Purpose Fund Group Total

$77,080,000

$245,479,049

U

Internal
Service Activity Fund Group

V

5HL0

600602

State
and County Shared Services

$2,000,000

$2,000,000

W

5WU0

6006C2

Ohio
Benefits

$0

$169,005,914

X

Internal
Service Activity Fund Group Total

$2,000,000

$171,005,914

Y

Fiduciary
Fund Group

Z

1920

600646

Child
Support Intercept-Federal

$100,000,000

$100,000,000

AA

5830

600642

Child
Support Intercept-State

$13,000,000

$13,000,000

AB

5B60

600601

Food
Assistance Intercept

$9,000,000

$9,000,000

AC

Fiduciary
Fund Group Total

$122,000,000

$122,000,000

AD

Holding
Account Fund Group

AE

R012

600643

Refunds
and Audit Settlements

$500,000

$500,000

AF

Holding
Account Fund Group Total

$500,000

$500,000

AG

Federal
Fund Group

AH

3310

600615

Veterans
Programs

$9,729,693

$10,046,576

AI

3310

600624

Employment
Services

$33,757,412

$33,361,820

AJ

3310

600686

Workforce
Programs

$3,726,601

$3,831,863

AK

3840

600610

Food
Assistance Programs

$353,577,548

$355,477,007

AL

3850

600614

Refugee
Services

$43,221,914

$47,817,949

AM

3950

600616

Federal
Discretionary Grants

$4,500,000

$4,500,000

AN

3960

600620

Social
Services Block Grant

$38,100,747

$38,339,506

AO

3970

600626

Child
Support - Federal

$206,615,245

$206,484,306

AP

3F01

655624

Medicaid
Program Support - Federal

$221,532,699

$222,146,496

AQ

3FI0

6006B4

Home
Weatherization Program

$0

$45,000,000

AR

3K90

6006B3

Home
Energy Assistance Block Grant

$0

$180,000,000

AS

3K90

6006B7

HEAP
Weatherization

$0

$44,000,000

AT

3L00

6006B8

Community
Services Block Grant

$0

$32,000,000

AU

3S50

600622

Child
Support Projects

$539,000

$539,000

AV

3V00

600688

Workforce
Innovation and Opportunity Act Programs

$165,467,651

$172,078,185

AW

3V40

600632

Trade
Programs

$3,001,000

$3,001,000

AX

3V40

600678

Federal
Unemployment Programs

$122,666,388

$125,686,620

AY

3V40

600679

Unemployment
Compensation Review Commission-Federal

$6,068,609

$6,249,573

AZ

3V60

600689

TANF
Block Grant

$561,481,981

$561,481,981

BA

Federal
Fund Group Total

$1,773,986,488

$2,092,041,882

BB

TOTAL
ALL BUDGET FUND GROUPS

$2,480,990,756

$3,138,395,044

Section
307.20.
COUNTY
ADMINISTRATIVE FUNDS

(A)
Of the foregoing appropriation item 600521, Family Assistance -
Local, up to $46,000,000 in each fiscal year shall be provided to
county departments of job and family services to administer food
assistance and disability assistance programs.

(B)
Of the foregoing appropriation item 600521, Family Assistance –Local,
an additional $2,500,000 in each fiscal year shall be provided to
assist county departments that submit an approved plan on increasing
fraud prevention, early detection of fraud, and investigations on
potential fraud that may be occurring in public assistance programs.

(C)
The foregoing appropriation item 655522, Medicaid Program Support -
Local, shall be provided to county departments of job and family
services to administer the Medicaid program and the State Children's
Health Insurance program.

(D)
At the request of the Director of Job and Family Services, the
Director of Budget and Management may transfer appropriations between
the following appropriation items to ensure county administrative
funds are expended from the proper appropriation item:

(1)
Appropriation item 600521, Family Assistance – Local, and
appropriation item 655522, Medicaid Program Support – Local; and

(2)
Appropriation item 655523, Medicaid Program Support – Local
Transportation, and appropriation item 655522, Medicaid Program
Support – Local.

Section
307.30.
NAME
OF FOOD STAMP PROGRAM

The
Director of Job and Family Services is not required to amend rules
regarding the Food Stamp Program to change the name of the program to
the Supplemental Nutrition Assistance Program. The Director may refer
to the program as the Food Stamp Program, the Supplemental Nutrition
Assistance Program, or the Food Assistance Program in rules and
documents of the Department of Job and Family Services.

Section
307.40.
OHIO
ASSOCIATION OF FOOD BANKS

Of
the foregoing appropriation items 600410, TANF State Maintenance of
Effort, 600658, Public Assistance Activities, and 600689, TANF Block
Grant, a total of up to $22,050,000 in each fiscal year shall be used
to provide funds to the Ohio Association of Food Banks to purchase
and distribute food products, support Innovative Summer Meals
programs for children, provide SNAP outreach and free tax filing
services, and provide capacity building equipment for food pantries
and soup kitchens.

Notwithstanding
section 5101.46 of the Revised Code and any other provision in this
act, the Director of Job and Family Services shall provide assistance
from eligible funds to the Ohio Association of Food Banks in an
amount up to $24,550,000 in each fiscal year. This amount includes
the funds designated to the Ohio Association of Food Banks in the
first paragraph of this section.

Eligible
nonfederal expenditures made by member food banks of the Association
shall be counted by the Department of Job and Family Services toward
the TANF maintenance of effort requirements of 42 U.S.C. 609(a)(7).
The Director of Job and Family Services shall enter into an agreement
with the Ohio Association of Food Banks, in accordance with sections
5101.80 and 5101.801 of the Revised Code, to carry out the
requirements under this section.

Section
307.50.
OHIO
ASSOCIATION OF FOODBANKS SUBGRANT

The
Department of Job and Family Services shall enter into a subgrant
agreement with the Ohio Association of Foodbanks to enable the
Association to provide food distribution to low-income families and
individuals via the statewide charitable emergency food provider
network and to support transportation of meals for the Governor's
Office of Faith-Based and Community Initiatives Innovative Summer
Meals programs for children and provide capacity building equipment
for food pantries and soup kitchens.

The
Ohio Association of Foodbanks shall do all of the following:

(A)
Purchase food for the Agriculture Clearance and Ohio Food Programs.
Information regarding the food purchase shall be reflected in the
plan for statewide distribution of food products to local food
distribution agencies.

(B)
Support the Capacity Building Grant program and purchase equipment
for partner agencies that is needed to increase their capacity to
serve more families eligible under the Temporary Assistance for Needy
Families program with perishable foods, fruits, and vegetables. This
equipment purchase shall include, but is not limited to, shelving,
pallet jacks, commercial refrigerators, and commercial freezers.

(C)
Submit a quarterly report to the Department of Job and Family
Services not later than sixty days after the close of the quarter to
which the report pertains. The quarterly report shall include all of
the following:

(1)
A summary of the allocation and expenditure of grant funds;

(2)
Product type and pounds distributed by foodbank service region and
county;

(3)
The number of households, households with children, a breakdown of
individuals served by age, including those over the age of sixty,
those between the ages of nineteen and fifty-nine, and those up to
the age of eighteen, and the number of meals served.

(D)
Submit an annual report to the Agreement Manager at the Department of
Job and Family Services not later than one hundred twenty days after
the end of the fiscal year. The annual report shall include the
following:

(1)
A summary of the allocation and expenditure of grant funds;

(2)
The number of households, households with children, a breakdown of
individuals served by age, including those over the age of sixty,
those between the ages of nineteen and fifty-nine, and those up to
the age of eighteen, and the number of meals served.

(3)
The quantity and type of food distributed and the total per pound
cost of the food purchased;

(4)
Information on the cost of storage, transportation, and processing;

(5)
An evaluation of the success in achieving expected performance
outcomes.

Section
307.60.
FOOD
STAMPS TRANSFER

On
July 1, 2025, or as soon as possible thereafter, and upon request of
the Director of Job and Family Services, the Director of Budget and
Management may transfer up to $1,000,000 cash from the Food Stamp
Offset Fund (Fund 5B60), to the Food Assistance Fund (Fund 5ES0).

Section
307.70.
PUBLIC
ASSISTANCE ACTIVITIES/TANF MOE

The
foregoing appropriation item 600658, Public Assistance Activities,
shall be used by the Department of Job and Family Services to meet
the TANF maintenance of effort requirements of 42 U.S.C. 609(a)(7).
When the state is assured that it will meet the maintenance of effort
requirement, the Department of Job and Family Services may use funds
from appropriation item 600658, Public Assistance Activities, to
support public assistance activities.

Section
307.80.
TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES FUNDS

(A)
Of the foregoing appropriation items 600410, TANF State Maintenance
of Effort, and 600689, TANF Block Grant, up to $13,410,000 in each
fiscal year shall be used, in accordance with sections 5101.80 and
5101.801 of the Revised Code, to provide support to programs or
organizations that provide services that align with the mission and
goals of the Governor's Office of Faith-Based and Community
Initiatives, as outlined in section 107.12 of the Revised Code, and
that further at least one of the four purposes of the TANF program,
as specified in 42 U.S.C. 601.

(B)
Of the foregoing appropriation items 600410, TANF State Maintenance
of Effort, and 600689, TANF Block Grant, $8,500,000 in each fiscal
year shall be provided, in accordance with sections 5101.80 and
5101.801 of the Revised Code, to the Ohio Alliance of Boys and Girls
Clubs to provide after-school and summer programs that protect
at-risk children and enable youth to become responsible adults.

(C)
Of the foregoing appropriation item 600689, TANF Block Grant,
$3,000,000 in fiscal year 2026 and $2,500,000 in fiscal year 2027
shall be provided, in accordance with sections 5101.80 and 5101.801
of the Revised Code, to the Children's Hunger Alliance to assist with
meal sponsorship, early child care programs, child care,
consultations and nutrition education, school district nutrition
programs, after school nutrition programs, and summer nutrition
programs.

(D)
Of the foregoing appropriation item 600689, TANF Block Grant,
$250,000 in each fiscal year shall be provided to the Toledo Seagate
Foodbank, in accordance with sections 5101.80 and 5101.801 of the
Revised Code.

(E)
Of the foregoing appropriation item 600689, TANF Block Grant,
$1,500,000 in each fiscal year shall be provided, in accordance with
sections 5101.80 and 5101.801 of the Revised Code, to Open Doors
Academy.

(F)
Of the foregoing appropriation item 600689, TANF Block Grant,
$1,000,000 in each fiscal year shall be provided, in accordance with
sections 5101.80 and 5101.801 of the Revised Code, to Produce Perks.

(G)
Of the foregoing appropriation item 600689, TANF Block Grant,
$100,000 in each fiscal year shall be provided, in accordance with
sections 5101.80 and 5101.801 of the Revised Code, to the Ohio YMCA
to support day camps and before and after school programs to help
students remove barriers to their learning.

(H)
Of the foregoing appropriation item 600689, TANF Block Grant,
$100,000 in each fiscal year shall be provided, in accordance with
sections 5101.80 and 5101.801 of the Revised Code, to the Country
Neighbor Program.

(I)
Of the foregoing appropriation item 600689, TANF Block Grant,
$400,000 in each fiscal year shall be provided, in accordance with
sections 5101.80 and 5101.801 of the Revised Code, to the Southside
Life Station Food Pantry in Toledo.

(J)
Of the foregoing appropriation item 600689, TANF Block Grant,
$400,000 in each fiscal year shall be provided, in accordance with
sections 5101.80 and 5101.801 of the Revised Code, to the Simon
Kenton Council for the administration of the ScoutReach program.
Funding shall be used for the following: to expand access to scouting
in under-resourced communities; to provide financial assistance for
participating families; to hire two additional program coordinators,
a risk manager, and a social worker; to purchase program supplies;
and to provide marketing resources to enhance outreach and
engagement. Funds shall be distributed in accordance with guidelines
established for nonprofit educational and youth development programs.
The Simon Kenton Council shall submit an annual report to the
Department of Job and Family Services detailing the program's
expansion, impact, and financial expenditures.

(K)
Of the foregoing appropriation item 600689, TANF Block Grant,
$1,500,000 in each fiscal year shall be provided, in accordance with
sections 5101.80 and 5101.801 of the Revised Code, to La Soupe to
support and expand its core food security programs across Ohio.

(L)
Of the foregoing appropriation item 600689, TANF Block Grant,
$600,000 in fiscal year 2026 shall be provided, in accordance with
sections 5101.80 and 5101.801 of the Revised Code, to The Foundry
Row, Sail, Dream Program.

(M)
Of the foregoing appropriation item 600689, TANF Block Grant,
$500,000 in each fiscal year shall be distributed, in accordance with
sections 5101.80 and 5101.801 of the Revised Code, to the African
American Male Wellness Agency for the Uplift Her initiative.

(N)
Of the foregoing appropriation item 600689, TANF Block Grant,
$150,000 in each fiscal year shall be provided, in accordance with
sections 5101.80 and 5101.801 of the Revised Code, to Dads2Be.

(O)
Of the foregoing appropriation item 600689, TANF Block Grant,
$500,000 in each fiscal year shall be provided, in accordance with
sections 5101.80 and 5101.801 of the Revised Code, to Child Focus.

(P)
Of the foregoing appropriation item 600689, TANF Block Grant,
$250,000 in each fiscal year shall be provided, in accordance with
sections 5101.80 and 5101.801 of the Revised Code, to Ohio
Guidestone.

Section
307.90.
PROGRAM
OPERATIONS

Of
the foregoing appropriation item 600450, Program Operations,
$10,000,000 in each fiscal year shall be allocated for the GRIT
program to be administered by the Department of Job and Family
Services, in coordination with the Governor's Office of Appalachia
and the Department of Development. The program shall expand the
qualified worker pipeline, remove barriers to fill local and remote
jobs, and promote entrepreneurial endeavors in economically
distressed and at-risk areas within the Appalachian region of Ohio,
as defined in section 107.21 of the Revised Code, and other like
counties within the state. The amount set aside for the GRIT program
under this section shall be used for the following:

(A)
To establish, in collaboration with private businesses and public
sector partners, virtual workforce development centers and supportive
resources and to place unemployed and underemployed youth and adults
into jobs;

(B)
To support assessment, coaching, wraparound services, and other
career development and training activities for both high school youth
and adults.

The
amount set aside for the GRIT program under this section may be used
for operating costs.

Section
307.100.
CHILD,
FAMILY, AND COMMUNITY PROTECTION SERVICES

(A)
The foregoing appropriation item 600533, Child, Family, and Community
Protection Services, shall be distributed to county departments of
job and family services. County departments shall use the funds
distributed to them under this section as follows, in accordance with
the written plan of cooperation entered into under section 307.983 of
the Revised Code:

(1)
To assist individuals in achieving or maintaining self-sufficiency,
including by reducing or preventing dependency among individuals with
family income not exceeding two hundred per cent of the federal
poverty guidelines;

(2)
Subject to division (B) of this section, to respond to reports of
abuse, neglect, or exploitation of children and adults, including
through the differential response approach program;

(3)
To provide outreach and referral services regarding home and
community-based services to individuals at risk of placement in a
group home or institution, regardless of the individuals' family
income and without need for a written application;

(4)
To provide outreach, referral, application assistance, and other
services to assist individuals to receive assistance, benefits, or
services under Medicaid; Title IV-A programs, as defined in section
5101.80 of the Revised Code; the Supplemental Nutrition Assistance
Program; and other public assistance programs.

(B)
Protective services may be provided to a child or adult as part of a
response, under division (A)(2) of this section, to a report of
abuse, neglect, or exploitation without regard to a child or adult's
family income and without need for a written application. The
protective services may be provided if the case record documents
circumstances of actual or potential abuse, neglect, or exploitation.

Section
307.110.
ADULT
PROTECTIVE SERVICES

Of
the foregoing appropriation item 600534, Adult Protective Services,
$7,040,000 in each fiscal year shall be used to provide an initial
allocation of $80,000 to each county. The remainder of appropriation
item 600534 shall be provided to counties in accordance with the
formula established in section 5101.612 of the Revised Code.

Section
307.117.
UNEMPLOYMENT
COMPENSATION FUND

A
portion of the foregoing appropriation item 600607, Unemployment
Compensation Administration Fund, in each fiscal year shall be used
to make payments pursuant to leases and agreements entered into under
Chapter 125. of the Revised Code, as supplemented by Section 701.40
of H.B. 529 of the 132nd General Assembly, with respect to financing
the costs associated with the acquisition, development,
implementation, and integration of the Unemployment Insurance System.

Section
307.119.
TEMPORARY
TRANSFER TO UNEMPLOYMENT COMPENSATION SPECIAL ADMINISTRATIVE FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management may transfer up to $15,000,000 cash from any
fund used by the Department of Job and Family Services, except
General Revenue Funds, to the Unemployment Compensation Special
Administrative Fund (Fund 4A90) to pay the costs of building and
developing a new unemployment insurance information technology
system.

Not
later than June 30, 2027, the Director of Budget and Management, upon
the request of the Director of Job and Family Services, shall
transfer cash equal to the amount previously transferred to Fund 4A90
from the fund selected above in fiscal year 2026, from Fund 4A90 back
into the selected fund.

Section
307.120.
FIDUCIARY
AND HOLDING ACCOUNT FUND GROUPS

The
Fiduciary Fund Group and Holding Account Fund Group shall be used to
hold revenues until the appropriate fund is determined or until the
revenues are directed to the appropriate governmental agency other
than the Department of Job and Family Services. Any Department of Job
and Family Services refunds or reconciliations received or held by
the Department of Medicaid shall be transferred or credited to the
Refunds and Audit Settlement Fund (Fund R012). If receipts credited
to the Support Intercept – Federal Fund (Fund 1920), the Support
Intercept – State Fund (Fund 5830), the Food Stamp Offset Fund
(Fund 5B60), or the Refunds and Audit Settlements Fund (Fund R012)
exceed the amounts appropriated from the fund, the Director of Job
and Family Services may request the Director of Budget and Management
to authorize expenditures from the fund in excess of the amounts
appropriated. Upon the approval of the Director of Budget and
Management, the additional amounts are hereby appropriated.

Section
307.130.
HEAP
WEATHERIZATION

Up
to twenty-five per cent of the federal funds deposited to the credit
of the Home Energy Assistance Block Grant (Fund 3K90) may be expended
from appropriation item 6006B7, HEAP Weatherization, to provide home
weatherization services in the state as determined by the Director of
Job and Family Services.

Section
307.140.
SUMMER
ELECTRONIC BENEFITS TRANSFER FOR CHILDREN FUND

(A)
The Summer Electronic Benefits Transfer for Children Fund is created,
which shall be in the custody of the Treasurer of State but shall not
be part of the state treasury. The fund shall consist of all money
awarded by the United States Department of Agriculture as benefits
under 42 U.S.C. 1762. All money in the fund shall be used by the
Director of Job and Family Services solely for the purpose of paying
eligible charges incurred by children and families eligible for, and
participating in, the Summer Electronic Benefits Transfer for
Children Program.

(B)
On or before August 1 of each fiscal year, the Director shall submit
to the Governor, the Director of Budget and Management, the President
of the Senate, the Speaker of the House of Representatives, the
Minority Leader of the Senate, and the Minority Leader of the House
of Representatives information regarding the Summer Electronic
Benefits Transfer for Children Program created under 42 U.S.C. 1762,
including the amount of federal funding received for the program in
the previous fiscal year.

Section
307.150.
WORK
REQUIREMENTS

The
Director of Job and Family Services may refer Ohio Works First and
Supplemental Nutrition Assistance Program participants who have
indicated that they have a mental or physical illness or impairment
to the agency for vocational rehabilitation assessment and support
services. Such participants must continue with vocational
rehabilitation services pursuant to this section in order to meet
Ohio Works First and Supplemental Nutrition Assistance Program work
requirements, unless they are determined unable to work by the
Opportunities for Ohioans with Disabilities agency, or otherwise meet
minimum program work requirements. Participants who are not
determined unable to work by the Opportunities for Ohioans with
Disabilities agency and who do not participate with vocational
rehabilitation services pursuant to this section or otherwise meet
minimum program work requirements will have benefits terminated in
accordance with federal regulations.

Section
309.10.

1

2

3

4

5

A

JCR
JOINT COMMITTEE ON AGENCY RULE REVIEW

B

General
Revenue Fund

C

GRF

029321

Operating
Expenses

$570,000

$570,000

D

General
Revenue Fund Total

$570,000

$570,000

E

TOTAL
ALL BUDGET FUND GROUPS

$570,000

$570,000

Section
309.20.
OPERATING
GUIDANCE

The
Legislative Service Commission shall act as fiscal agent for the
Joint Committee on Agency Rule Review. Members of the Committee shall
be paid in accordance with section 101.35 of the Revised Code.

OPERATING
EXPENSES

On
July 1, 2025, or as soon as possible thereafter, the Executive
Director of the Joint Committee on Agency Rule Review may certify to
the Director of Budget and Management an amount up to the unexpended,
unencumbered balance of the foregoing appropriation item 029321,
Operating Expenses, at the end of fiscal year 2025 to be
reappropriated to fiscal year 2026. The amount certified is hereby
reappropriated to the same appropriation item for fiscal year 2026.

On
July 1, 2026, or as soon as possible thereafter, the Executive
Director of the Joint Committee on Agency Rule Review may certify to
the Director of Budget and Management an amount up to the unexpended,
unencumbered balance of the foregoing appropriation item 029321,
Operating Expenses, at the end of fiscal year 2026 to be
reappropriated to fiscal year 2027. The amount certified is hereby
reappropriated to the same appropriation item for fiscal year 2027.

Section
313.10.

1

2

3

4

5

A

JMO
JOINT MEDICAID OVERSIGHT COMMITTEE

B

General
Revenue Fund

C

GRF

048321

Operating
Expenses

$133,000

$0

D

General
Revenue Fund Total

$133,000

$0

E

TOTAL
ALL BUDGET FUND GROUPS

$133,000

$0

Section
313.20.
OPERATING
EXPENSES

The
foregoing appropriation item 048321, Operating Expenses, shall be
used to support expenses related to the Joint Medicaid Oversight
Committee created by section 103.41 of the Revised Code.

Section
315.10.

1

2

3

4

5

A

JCO
JUDICIAL CONFERENCE OF OHIO

B

General
Revenue Fund

C

GRF

018321

Operating
Expenses

$1,398,265

$1,475,131

D

General
Revenue Fund Total

$1,398,265

$1,475,131

E

Dedicated
Purpose Fund Group

F

4030

018601

Ohio
Jury Instructions

$746,000

$814,899

G

Dedicated
Purpose Fund Group Total

$746,000

$814,899

H

TOTAL
ALL BUDGET FUND GROUPS

$2,144,265

$2,290,030

Section
315.20.
STATE
COUNCIL OF UNIFORM STATE LAWS

Notwithstanding
section 105.26 of the Revised Code, of the foregoing appropriation
item 018321, Operating Expenses, up to $103,315 in fiscal year 2026
and up to $108,481 in fiscal year 2027 shall be used to pay the
expenses of the State Council of Uniform State Laws, including
membership dues to the National Conference of Commissioners on
Uniform State Laws.

OHIO
JURY INSTRUCTIONS FUND

The
Ohio Jury Instructions Fund (Fund 4030) shall consist of grants,
royalties, dues, conference fees, bequests, devises, and other gifts
received for the purpose of supporting costs incurred by the Judicial
Conference of Ohio in its activities as a part of the judicial system
of the state as determined by the Judicial Conference Executive
Committee. Fund 4030 shall be used by the Judicial Conference of Ohio
to pay expenses incurred in its activities as a part of the judicial
system of the state as determined by the Judicial Conference
Executive Committee. All moneys accruing to Fund 4030 in excess of
the amount appropriated for the current fiscal year are hereby
appropriated for the purposes authorized. No money in Fund 4030 shall
be transferred to any other fund by the Director of Budget and
Management or the Controlling Board.

Section
317.10.

1

2

3

4

5

A

JSC
THE JUDICIARY/SUPREME COURT

B

General
Revenue Fund

C

GRF

005321

Operating
Expenses - Judiciary/Supreme Court

$218,911,023

$230,757,735

D

GRF

005401

State
Criminal Sentencing Commission

$1,506,142

$1,601,731

E

GRF

005406

Law-Related
Education

$250,000

$250,000

F

General
Revenue Fund Total

$220,667,165

$232,609,466

G

Dedicated
Purpose Fund Group

H

4C80

005605

Attorney
Services

$10,718,083

$10,721,022

I

5HT0

005617

Court
Interpreter Certification

$9,000

$9,000

J

5SP0

005626

Civil
Justice Grant Program

$425,000

$425,000

K

5T80

005609

Grants
and Awards

$1,000

$1,000

L

6720

005601

Continuing
Judicial Education

$37,500

$37,500

M

Dedicated
Purpose Fund Group Total

$11,190,583

$11,193,522

N

Fiduciary
Fund Group

O

5JY0

005620

County
Law Library Resources Boards

$313,800

$318,500

P

Fiduciary
Fund Group Total

$313,800

$318,500

Q

Federal
Fund Group

R

3J00

005603

Federal
Grants

$1,810,907

$1,157,600

S

Federal
Fund Group Total

$1,810,907

$1,157,600

T

TOTAL
ALL BUDGET FUND GROUPS

$233,982,455

$245,279,088

Section
317.20.
STATE
CRIMINAL SENTENCING COMMISSION

The
foregoing appropriation item 005401, State Criminal Sentencing
Commission, shall be used for the operation of the State Criminal
Sentencing Commission established by section 181.21 of the Revised
Code.

LAW-RELATED
EDUCATION

Of
the foregoing appropriation item 005406, Law-Related Education,
$250,000 in each fiscal year shall be distributed directly to the
Ohio Center for Law-Related Education for the purposes of providing
continuing citizenship education activities to primary and secondary
students, expanding delinquency prevention programs, increasing
activities for at-risk youth, and accessing additional public and
private money for new programs.

ATTORNEY
SERVICES

The
Attorney Registration Fund (Fund 4C80) shall consist of money
received by the Supreme Court (The Judiciary) pursuant to the Rules
for the Government of the Bar of Ohio. In addition to funding other
activities considered appropriate by the Supreme Court, the foregoing
appropriation item 005605, Attorney Services, may be used to
compensate employees and to fund appropriate activities of the
following offices established by the Supreme Court: the Office of
Disciplinary Counsel, the Board of Commissioners on Grievances and
Discipline, the Clients' Security Fund, and the Attorney Services
Division which include the Office of Bar Admissions. If it is
determined by the Administrative Director of the Supreme Court that
changes to the appropriation are necessary, the amounts are hereby
appropriated.

No
money in Fund 4C80 shall be transferred to any other fund by the
Director of Budget and Management or the Controlling Board. Interest
earned on money in Fund 4C80 shall be credited to the fund.

COURT
INTERPRETER CERTIFICATION

The
Court Interpreter Certification Fund (Fund 5HT0) shall consist of
money received by the Supreme Court (The Judiciary) pursuant to Rules
80 through 87 of the Rules of Superintendence for the Courts of Ohio.
The foregoing appropriation item 005617, Court Interpreter
Certification, shall be used to provide training, to provide the
written examination, and to pay language experts to rate, or grade,
the oral examinations of those applying to become certified court
interpreters. If it is determined by the Administrative Director of
the Supreme Court that changes to the appropriation are necessary,
the amounts are hereby appropriated.

No
money in Fund 5HT0 shall be transferred to any other fund by the
Director of Budget and Management or the Controlling Board. Interest
earned on money in Fund 5HT0 shall be credited to the fund.

CIVIL
JUSTICE GRANT PROGRAM

The
Civil Justice Program Fund (Fund 5SP0) shall consist of (1) $50
voluntary donations made as part of the biennium attorney
registration process and (2) $150 of the pro hac vice fees for
out-of-state attorneys pursuant to Government of the Bar Rule
amendments. The foregoing appropriation item 005626, Civil Justice
Grant Program, shall be used by the Supreme Court of Ohio for grants
to not-for-profit organizations and agencies dedicated to providing
civil legal aid to underserved populations, to fund innovative
programs directed at this purpose, and to increase access to judicial
service to that population. If it is determined by the Administrative
Director of the Supreme Court that changes to the appropriation are
necessary, the amounts are hereby appropriated.

No
money in Fund 5SP0 shall be transferred to any other fund by the
Director of Budget and Management or the Controlling Board. Interest
earned on money in Fund 5SP0 shall be credited to the fund.

GRANTS
AND AWARDS

The
Grants and Awards Fund (Fund 5T80) shall consist of grants and other
money awarded to the Supreme Court (The Judiciary) by the State
Justice Institute, the Division of Criminal Justice Services, or
other entities. The foregoing appropriation item 005609, Grants and
Awards, shall be used in a manner consistent with the purpose of the
grant or award. If it is determined by the Administrative Director of
the Supreme Court that changes to the appropriation are necessary,
the amounts are hereby appropriated.

No
money in Fund 5T80 shall be transferred to any other fund by the
Director of Budget and Management or the Controlling Board. Interest
earned on money in Fund 5T80 shall be credited or transferred to the
General Revenue Fund.

JUDICIARY/SUPREME
COURT EDUCATION

The
Judiciary/Supreme Court Education Fund (Fund 6720) shall consist of
fees paid for attending judicial and public education on the law,
reimbursement of costs for judicial and public education on the law,
and other gifts and grants received for the purpose of judicial and
public education on the law. The foregoing appropriation item 005601,
Continuing Judicial Education, shall be used to pay expenses for
judicial education courses for judges, court personnel, and those who
serve the courts, and for public education on the law. If it is
determined by the Administrative Director of the Supreme Court that
changes to the appropriation are necessary, the amounts are hereby
appropriated.

No
money in Fund 6720 shall be transferred to any other fund by the
Director of Budget and Management or the Controlling Board. Interest
earned on money in Fund 6720 shall be credited to the fund.

COUNTY
LAW LIBRARY RESOURCES BOARDS

The
Statewide Consortium of County Law Library Resources Boards Fund
(Fund 5JY0) shall consist of moneys deposited pursuant to section
307.515 of the Revised Code into a county's law library resources
fund and forwarded by that county's treasurer for deposit in the
state treasury pursuant to division (E)(1) of section 3375.481 of the
Revised Code. The foregoing appropriation item 005620, County Law
Library Resources Boards, shall be used for the operation of the
Statewide Consortium of County Law Library Resources Boards. If it is
determined by the Administrative Director of the Supreme Court that
changes to the appropriation are necessary, the amounts are hereby
appropriated.

No
money in Fund 5JY0 shall be transferred to any other fund by the
Director of Budget and Management or the Controlling Board. Interest
earned on money in Fund 5JY0 shall be credited to the fund.

FEDERAL
GRANTS

The
Federal Grants Fund (Fund 3J00) shall consist of grants and other
moneys awarded to the Supreme Court (The Judiciary) by the United
States Government or other entities that receive the moneys directly
from the United States Government and distribute those moneys to the
Supreme Court (The Judiciary). The foregoing appropriation item
005603, Federal Grants, shall be used in a manner consistent with the
purpose of the grant or award. If it is determined by the
Administrative Director of the Supreme Court that changes to the
appropriation are necessary, the amounts are hereby appropriated.

No
money in Fund 3J00 shall be transferred to any other fund by the
Director of Budget and Management or the Controlling Board. However,
interest earned on money in Fund 3J00 shall be credited or
transferred to the General Revenue Fund.

Section
319.10.

1

2

3

4

5

A

LEC
LAKE ERIE COMMISSION

B

Dedicated
Purpose Fund Group

C

4C00

780601

Lake
Erie Protection

$900,000

$940,000

D

6H20

780604

H2Ohio

$132,000

$132,000

E

Dedicated
Purpose Fund Group Total

$1,032,000

$1,072,000

F

Federal
Fund Group

G

3EP0

780603

LEC
Federal Grants

$1,140,000

$1,140,000

H

Federal
Fund Group Total

$1,140,000

$1,140,000

I

TOTAL
ALL BUDGET FUND GROUPS

$2,172,000

$2,212,000

Section
319.20.
CASH
TRANSFERS TO THE LAKE ERIE PROTECTION FUND

On
July 1 of each fiscal year, or as soon as possible thereafter, the
Director of Budget and Management may transfer cash from the funds
specified below, up to the amounts specified below, to the Lake Erie
Protection Fund (Fund 4C00). Fund 4C00 may accept contributions and
transfers made to the fund.

1

2

3

4

5

A

Fund

Fund
Name

User

FY
2026

FY
2027

B

5BC0

Environmental
Protection

Environmental
Protection Agency

$25,000

$25,000

C

6690

Pesticide,
Fertilizer and Lime

Department
of Agriculture

$25,000

$25,000

D

4700

General
Operations

Department
of Health

$25,000

$25,000

E

1570

Program
Support

Department
of Natural Resources

$25,000

$25,000

F

1350

Supportive
Services

Department
of Development

$25,000

$25,000

Section
321.10.

1

2

3

4

5

A

JLE
JOINT LEGISLATIVE ETHICS COMMITTEE

B

General
Revenue Fund

C

GRF

028321

Legislative
Ethics Committee

$713,000

$713,000

D

General
Revenue Fund Total

$713,000

$713,000

E

Dedicated
Purpose Fund Group

F

4G70

028601

Joint
Legislative Ethics Committee

$150,000

$150,000

G

5HN0

028602

Investigations
and Financial Disclosure

$10,000

$10,000

H

Dedicated
Purpose Fund Group Total

$160,000

$160,000

I

TOTAL
ALL BUDGET FUND GROUPS

$873,000

$873,000

Section
321.20.
LEGISLATIVE
ETHICS COMMITTEE

On
July 1, 2025, or as soon as possible thereafter, the Legislative
Inspector General of the Joint Legislative Ethics Committee may
certify to the Director of Budget and Management an amount up to the
unexpended, unencumbered balance of the foregoing appropriation item
028321, Legislative Ethics Committee, at the end of fiscal year 2025
to be reappropriated to fiscal year 2026. The amount certified is
hereby reappropriated to the same appropriation item for fiscal year
2026.

On
July 1, 2026, or as soon as possible thereafter, the Legislative
Inspector General of the Joint Legislative Ethics Committee may
certify to the Director of Budget and Management an amount up to the
unexpended, unencumbered balance of the foregoing appropriation item
028321, Legislative Ethics Committee, at the end of fiscal year 2026
to be reappropriated to fiscal year 2027. The amount certified is
hereby reappropriated to the same appropriation item for fiscal year
2027.

Section
323.10.

1

2

3

4

5

A

LSC
LEGISLATIVE SERVICE COMMISSION

B

General
Revenue Fund

C

GRF

035321

Operating
Expenses

$24,800,000

$24,800,000

D

GRF

035402

Legislative
Fellows

$1,200,000

$1,200,000

E

GRF

035405

Correctional
Institution Inspection Committee

$125,000

$0

F

GRF

035407

Legislative
Task Force on Redistricting

$100,000

$0

G

GRF

035409

National
Associations

$712,000

$712,000

H

GRF

035410

Legislative
Information Systems

$15,000,000

$15,000,000

I

GRF

035501

Litigation

$1,000,000

$1,000,000

J

General
Revenue Fund Total

$42,937,000

$42,712,000

K

TOTAL
ALL BUDGET FUND GROUPS

$42,937,000

$42,712,000

Section
323.20.
OPERATING
EXPENSES

On
July 1, 2025, or as soon as possible thereafter, the Director of the
Legislative Service Commission may certify to the Director of Budget
and Management an amount up to the unexpended, unencumbered balance
of the foregoing appropriation item 035321, Operating Expenses, at
the end of fiscal year 2025 to be reappropriated to fiscal year 2026.
The amount certified is hereby reappropriated to the same
appropriation item for fiscal year 2026.

On
July 1, 2026, or as soon as possible thereafter, the Director of the
Legislative Service Commission may certify to the Director of Budget
and Management an amount up to the unexpended, unencumbered balance
of the foregoing appropriation item 035321, Operating Expenses, at
the end of fiscal year 2026 to be reappropriated to fiscal year 2027.
The amount certified is hereby reappropriated to the same
appropriation item for fiscal year 2027.

CORRECTIONAL
INSTITUTION INSPECTION COMMITTEE

The
foregoing appropriation item 035405, Correctional Institution
Inspection Committee, shall be used for Correctional Institution
Inspection Committee operations until the date the Committee is
abolished.

LEGISLATIVE
TASK FORCE ON REDISTRICTING

An
amount equal to the unexpended, unencumbered balance of the foregoing
appropriation item 035407, Legislative Task Force on Redistricting,
at the end of fiscal year 2025 is hereby reappropriated to the
Legislative Service Commission for the same purpose for fiscal year
2026.

An
amount equal to the unexpended, unencumbered balance of the foregoing
appropriation item 035407, Legislative Task Force on Redistricting,
at the end of fiscal year 2026 is hereby reappropriated to the
Legislative Service Commission for the same purpose for fiscal year
2027.

LEGISLATIVE
INFORMATION SYSTEMS

On
July 1, 2025, or as soon as possible thereafter, the Director of the
Legislative Service Commission may certify to the Director of Budget
and Management an amount up to the unexpended, unencumbered balance
of the foregoing appropriation item 035410, Legislative Information
Systems, at the end of fiscal year 2025 to be reappropriated to
fiscal year 2026. The amount certified is hereby reappropriated to
the same appropriation item for fiscal year 2026.

On
July 1, 2026, or as soon as possible thereafter, the Director of the
Legislative Service Commission may certify to the Director of Budget
and Management an amount up to the unexpended, unencumbered balance
of the foregoing appropriation item 035410, Legislative Information
Systems, at the end of fiscal year 2026 to be reappropriated to
fiscal year 2027. The amount certified is hereby reappropriated to
the same appropriation item for fiscal year 2027.

LITIGATION

The
foregoing appropriation item 035501, Litigation, shall be used for
any lawsuit in which the General Assembly, or either house of the
General Assembly, is made a party. The chairperson and
vice-chairperson of the Legislative Service Commission shall both
approve the use of the appropriated moneys.

An
amount equal to the unexpended, unencumbered balance of the foregoing
appropriation item 035501, Litigation, at the end of fiscal year 2025
is hereby reappropriated to the Legislative Service Commission for
the same purpose for fiscal year 2026.

An
amount equal to the unexpended, unencumbered balance of the foregoing
appropriation item 035501, Litigation, at the end of fiscal year 2026
is hereby reappropriated to the Legislative Service Commission for
the same purpose for fiscal year 2027.

Section
325.10.

1

2

3

4

5

A

LIB
STATE LIBRARY BOARD

B

Dedicated
Purpose Fund Group

C

4590

350603

Services
for Libraries

$6,748,455

$6,783,244

D

4S40

350604

Ohio
Public Library Information Network

$5,567,715

$5,587,432

E

5CW1

350608

Ohioana
Library Association

$310,516

$310,516

F

5CX1

350609

Regional
Library Systems

$494,000

$494,000

G

5CZ1

350607

Operating
Expenses

$4,527,036

$4,527,474

H

5GB0

350605

Library
for the Blind

$1,274,194

$1,274,194

I

Dedicated
Purpose Fund Group Total

$18,921,916

$18,976,860

J

Internal
Service Activity Fund Group

K

1390

350602

Services
for State Agencies

$8,000

$8,000

L

Internal
Service Activity Fund Group Total

$8,000

$8,000

M

Federal
Fund Group

N

3130

350601

LSTA
Federal

$5,554,767

$5,609,015

O

Federal
Fund Group Total

$5,554,767

$5,609,015

P

TOTAL
ALL BUDGET FUND GROUPS

$24,484,683

$24,593,875

Section
325.20.
OHIOANA
LIBRARY ASSOCIATION

Of
the foregoing appropriation item 350608, Ohioana Library Association,
$191,000 in each fiscal year shall be used to support the operating
expenses of the Martha Kinney Cooper Ohioana Library Association
under section 3375.61 of the Revised Code.

The
remainder of the foregoing appropriation item 350608, Ohioana Library
Association, shall be used to pay the rental expenses of the Martha
Kinney Cooper Ohioana Library Association under section 3375.61 of
the Revised Code.

REGIONAL
LIBRARY SYSTEMS

The
foregoing appropriation item 350609, Regional Library Systems, shall
be used to support regional library systems eligible for funding
under sections 3375.83 and 3375.90 of the Revised Code.

OHIO
PUBLIC LIBRARY INFORMATION NETWORK

(A)
The foregoing appropriation item 350604, Ohio Public Library
Information Network, shall be used for an information
telecommunications network linking public libraries in the state and
such others as may participate in the Ohio Public Library Information
Network (OPLIN).

The
Ohio Public Library Information Network Board of Trustees created
under section 3375.65 of the Revised Code may make decisions
regarding use of the foregoing appropriation item 350604, Ohio Public
Library Information Network.

(B)
The OPLIN Board shall research and assist or advise local libraries
with regard to emerging technologies and methods that may be
effective means to control access to obscene and illegal materials.
The OPLIN Director shall provide written reports upon request within
ten days to the Governor, the Speaker and Minority Leader of the
House of Representatives, and the President and Minority Leader of
the Senate on any steps being taken by OPLIN and public libraries in
the state to limit and control such improper usage as well as
information on technological, legal, and law enforcement trends
nationally and internationally affecting this area of public access
and service.

(C)
The Ohio Public Library Information Network, INFOhio, and OhioLINK
shall, to the extent feasible, coordinate and cooperate in their
purchase or other acquisition of the use of electronic databases for
their respective users and shall contribute funds in an equitable
manner to such effort.

LIBRARY
FOR THE BLIND

The
foregoing appropriation item 350605, Library for the Blind, shall be
used for the statewide Talking Book Program to assist the blind and
disabled.

TRANSFER
TO OPLIN TECHNOLOGY FUND

Notwithstanding
sections 5747.03 and 5747.47 of the Revised Code and any other
provision of law to the contrary, in accordance with a schedule
established by the Director of Budget and Management, the Director of
Budget and Management shall transfer $3,689,788 cash in each fiscal
year from the Public Library Fund (Fund 7065) to the OPLIN Technology
Fund (Fund 4S40).

TRANSFER
TO LIBRARY FOR THE BLIND FUND

Notwithstanding
sections 5747.03 and 5747.47 of the Revised Code and any other
provision of law to the contrary, in accordance with a schedule
established by the Director of Budget and Management, the Director of
Budget and Management shall transfer $1,274,194 cash in each fiscal
year from the Public Library Fund (Fund 7065) to the Library for the
Blind Fund (Fund 5GB0).

TRANSFER
TO STATE LIBRARY OPERATING EXPENSES FUND

Notwithstanding
sections 5747.03 and 5747.47 of the Revised Code and any other
provision of law to the contrary, in accordance with a schedule
established by the Director of Budget and Management, the Director of
Budget and Management shall transfer $4,527,036 cash in fiscal year
2026 and $4,527,474 cash in fiscal year 2027 from the Public Library
Fund (Fund 7065) to the State Library Operating Expenses Fund (Fund
5CZ1), which is hereby created in the state treasury.

TRANSFER
TO THE OHIOANA LIBRARY ASSOCIATION FUND

Notwithstanding
sections 5747.03 and 5747.47 of the Revised Code and any other
provision of law to the contrary, in accordance with a schedule
established by the Director of Budget and Management, the Director of
Budget and Management shall transfer $310,516 cash in each fiscal
year from the Public Library Fund (Fund 7065) to the Ohioana Library
Association Fund (Fund 5CW1), which is hereby created in the state
treasury.

TRANSFER
TO REGIONAL LIBRARY SYSTEMS FUND

Notwithstanding
sections 5747.03 and 5747.47 of the Revised Code and any other
provision of law to the contrary, in accordance with a schedule
established by the Director of Budget and Management, the Director of
Budget and Management shall transfer $494,000 cash in each fiscal
year from the Public Library Fund (Fund 7065) to the Regional Library
Systems Fund (Fund 5CX1), which is hereby created in the state
treasury.

Section
327.10.

1

2

3

4

5

A

LCO
LIQUOR CONTROL COMMISSION

B

Dedicated
Purpose Fund Group

C

5LP0

970601

Commission
Operating Expenses

$1,177,114

$1,241,735

D

Dedicated
Purpose Fund Group Total

$1,177,114

$1,241,735

E

TOTAL
ALL BUDGET FUND GROUPS

$1,177,114

$1,241,735

Section
329.10.

1

2

3

4

5

A

LOT
STATE LOTTERY COMMISSION

B

State
Lottery Fund Group

C

7044

950321

Operating
Expenses

$70,000,000

$71,000,000

D

7044

950402

Advertising
Contracts

$30,811,375

$30,811,375

E

7044

950403

Gaming
Contracts

$123,355,327

$128,639,066

F

7044

950601

Direct
Prize Payments

$183,030,000

$183,282,000

G

7044

950605

Responsible
Gambling

$5,000,000

$5,000,000

H

8710

950602

Annuity
Prizes

$35,637,000

$34,737,000

I

State
Lottery Fund Group Total

$447,833,702

$453,469,441

J

TOTAL
ALL BUDGET FUND GROUPS

$447,833,702

$453,469,441

Section
329.20.
OPERATING
EXPENSES

Notwithstanding
sections 127.14 and 131.35 of the Revised Code, the Controlling Board
may, at the request of the State Lottery Commission, authorize
expenditures from the State Lottery Fund in excess of the amount
appropriated in each fiscal year, up to a maximum of 10 per cent of

the
amount appropriated that fiscal year in the foregoing appropriation
item 950321, Operating Expenses. Upon the approval of the Controlling
Board, the additional amounts are hereby appropriated.

DIRECT
PRIZE PAYMENTS

Any
amounts, in addition to the amounts appropriated in appropriation
item 950601, Direct Prize Payments, that the Director of the State
Lottery Commission determines to be necessary to fund prizes are
hereby appropriated.

ANNUITY
PRIZES

Upon
request of the State Lottery Commission, the Director of Budget and
Management may transfer cash from the State Lottery Fund (Fund 7044)
to the Deferred Prizes Trust Fund (Fund 8710) in an amount sufficient
to fund deferred prizes. The Treasurer of State, from time to time,
shall credit the Deferred Prizes Trust Fund (Fund 8710) the pro rata
share of interest earned by the Treasurer of State on invested
balances.

Any
amounts, in addition to the amounts appropriated in appropriation
item 950602, Annuity Prizes, that the Director of the State Lottery
Commission determines to be necessary to fund deferred prizes and
interest are hereby appropriated.

TRANSFERS
TO THE LOTTERY PROFITS EDUCATION FUND

Estimated
transfers from the State Lottery Fund (Fund 7044) to the Lottery
Profits Education Fund (Fund 7017) are to be $1,465,138,202 in fiscal
year 2026 and $1,471,729,884 in fiscal year 2027. Transfers by the
Director of Budget and Management to the Lottery Profits Education
Fund shall be administered as the statutes direct.

Section
333.10.

1

2

3

4

5

A

MCD
DEPARTMENT OF MEDICAID

B

General
Revenue Fund

C

GRF

651425

Medicaid
Program Support - State

$164,527,244

$158,222,590

D

GRF

651525

Medicaid
Health Care Services - Total

$20,192,404,766

$21,200,705,831

E

Medicaid
Health Care Services - State

$5,613,156,377

$5,839,046,648

F

Medicaid
Health Care Services - Federal

$14,579,248,389

$15,361,659,183

G

GRF

651526

Medicare
Part D

$696,563,080

$760,700,223

H

General
Revenue Fund Total

$21,053,495,090

$22,119,628,644

I

Dedicated
Purpose Fund Group

J

4E30

651605

Resident
Protection Fund

$7,000,000

$7,000,000

K

5AN0

651686

State
Directed Payment Program

$50,000,000

$50,000,000

L

5DL0

651639

Medicaid
Services - Recoveries

$938,907,575

$896,537,969

M

5DL0

651685

Medicaid
Recoveries - Program Support

$89,560,719

$91,388,371

N

5DL0

651690

Multi-system
Youth Custody Relinquishment

$20,000,000

$20,000,000

O

5FX0

651638

Medicaid
Services - Payment Withholding

$12,000,000

$12,000,000

P

5GF0

651656

Medicaid
Services - Hospital Franchise Fee

$2,632,211,017

$3,030,014,270

Q

5R20

651608

Medicaid
Services-Long Term

$451,000,000

$451,000,000

R

5TN0

651684

Medicaid
Services-HIC Fee

$879,876,850

$869,039,656

S

6510

651649

Medicaid
Services-Hospital Care Assurance Program

$320,543,800

$168,455,600

T

Dedicated
Purpose Fund Group Total

$5,401,099,961

$5,595,435,866

U

Holding
Account Fund Group

V

R055

651644

Refunds
and Reconciliation

$14,001,665

$14,001,665

W

Holding
Account Fund Group Total

$14,001,665

$14,001,665

X

Federal
Fund Group

Y

3F00

651623

Medicaid
Services - Federal

$12,572,748,083

$13,394,507,208

Z

3F00

651624

Medicaid
Program Support - Federal

$499,974,494

$495,333,992

AA

3FA0

651680

Health
Care Grants - Federal

$7,000,000

$7,000,000

AB

3G50

651655

Medicaid
Interagency Pass Through

$264,653,075

$264,644,638

AC

Federal
Fund Group Total

$13,344,375,652

$14,161,485,838

AD

TOTAL
ALL BUDGET FUND GROUPS

$39,812,972,368

$41,890,552,013

Section
333.12.
DIVERSITY
EQUITY AND INCLUSION

To
the extent permitted by federal law, no funds appropriated in Section
333.10 shall be used for diversity, equity, and inclusion
initiatives. This section does not apply to funds appropriated to
provide services that support access to the community for Medicaid
recipients with intellectual and developmental disabilities.

Section
333.13.
SOCIAL
GENDER TRANSITION

To
the extent permitted by federal law, no funds appropriated in Section
333.10 of this act shall be distributed for mental health services
that promote or affirm social gender transition, in which an
individual goes from identifying with and living as a gender that
corresponds to the individual's biological sex to identifying with
and living as a gender different from the individual's biological
sex.

Section
333.15.
MEDICAID
IN SCHOOLS PROGRAM

Of
the foregoing appropriation items 651425, Medicaid Program Support -
State, and 651624, Medicaid Program Support - Federal, $349,925 in
each line item in fiscal year 2026 and $358,362 in each line item in
fiscal year 2027 shall be used by the Department of Medicaid to
support the Medicaid in Schools Program.

Section
333.30.
LODGING
FOR FAMILIES

Of
the foregoing appropriation item 651525, Medicaid Health Care
Services, $2,500,000 in each fiscal year shall be used by the
Medicaid Director to work with the Centers for Medicare and Medicaid
Services to continue lodging as an administrative service affiliated
with Ohio children's hospitals available for families with children
who have special health care needs.

Section
333.40.
PERSONAL
NEEDS ALLOWANCE SUPPORT

Upon
the request of the Medicaid Director, the Director of Budget and
Management may transfer up to $2,200,000 appropriation in fiscal year
2026 and $4,400,000 appropriation in fiscal year 2027 from
appropriation item 651525, Medicaid Health Care Services, to
appropriation items in the Department of Developmental Disabilities.
This funding shall be used to support an increase in the personal
needs allowance for individuals residing in an intermediate care
facility for individuals with intellectual disabilities. The Medicaid
Director may transfer federal funds as the state's single state
agency for Medicaid reimbursements, as drawn for these transactions.
Any amounts transferred are hereby appropriated.

Section
333.50.
MEDICARE
PART D

The
foregoing appropriation item 651526, Medicare Part D, may be used by
the Department of Medicaid for the implementation and operation of
the Medicare Part D requirements contained in the "Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,"
Pub. L. No. 108-173, as amended. Upon the request of the Medicaid
Director, the Director of Budget and Management may transfer the
state share of appropriations between appropriation item 651525,
Medicaid Health Care Services, and appropriation item 651526,
Medicare Part D. If the state share of appropriation item 651525,
Medicaid Health Care Services, is adjusted, the Director of Budget
and Management shall adjust the federal share accordingly. The
Department of Medicaid shall provide notification to the Controlling
Board of any transfers at the next scheduled Controlling Board
meeting.

Section
333.70.
WORK
COMMUNITY ENGAGEMENT PROGRAM - COUNTY COSTS

Upon
the request of the Medicaid Director, the Director of Budget and
Management may transfer state share appropriations in each fiscal
year between appropriation item 651525, Medicaid Health Care
Services, within the Department of Medicaid, and 655522, Medicaid
Program Support – Local, within the Department of Job and Family
Services. If such a transfer occurs, the Director of Budget and
Management shall adjust, using the federal reimbursement rate, the
federal share appropriations of appropriation item 651525, Medicaid
Health Care Services, within the Department of Medicaid, and
appropriation item 655624, Medicaid Program Support – Federal,
within the Department of Job and Family Services. Any increase in
funding shall be provided to county departments of job and family
services and shall only be used for costs related to processing cases
for work requirements for the expansion eligibility group that are
established under the medicaid waiver component required under
section 5166.37 of the Revised Code, and as prescribed by the
Medicaid Director. These funds shall not be used for existing and
ongoing operating expenses. The Medicaid Director shall establish
criteria for distributing these funds and for county departments of
job and family services to submit allowable expenses.

Section
333.80.
DEPOSITS
TO THE HEALTH CARE/MEDICAID SUPPORT AND RECOVERIES FUND FOR PROGRAM
SUPPORT

Of
the amount received by the Department of Medicaid during fiscal year
2026 and fiscal year 2027 from the intergovernmental transfers paid
under any directed payment program as authorized under 42 CFR
438.6(c), the Medicaid Director shall deposit a portion of the
payments into the state treasury to the credit of the Health
Care/Medicaid Support and Recoveries Fund (Fund 5DL0). The Director
of Budget and Management may adjust appropriations in line item
651685, Medicaid Recoveries – Program Support, along with the
corresponding federal share in line item 651624, Medicaid Program
Support – Federal, based on the amount of the deposits to Fund 5DL0
made under this section. Any adjusted amounts are hereby
appropriated.

Section
333.85.
DEPOSITS
TO THE STATE DIRECTED PAYMENT PROGRAM FUND

(A)
Transfers made for the Hospital Directed Payment Program under
section 5162.25 of the Revised Code shall be deposited into the State
Directed Payment Program Fund (Fund 5AN0). The state share of the
program shall be derived from deposits attributable to the
intergovernmental transfers received for the Hospital Directed
Payment Program, and the corresponding federal share in appropriation
item 651623, Medicaid Services – Federal, shall be used for the
Hospital Directed Payment Program. Except for deposits under Section
333.80 of this act, the Director of Budget and Management may
transfer any remaining cash in Fund 5DL0 at the end of the fiscal
year 2025 attributable to the Hospital Directed Payment Program to
Fund 5AN0 to the credit of the Hospital Directed Payment Program.

(B)
If the Medicaid Director determines additional amounts are needed to
support any authorized State Directed Payment Programs, the Director
may certify the amount to the Director of Budget and Management. Upon
certification from the Medicaid Director, the Director of Budget and
Management shall increase appropriation item 651686, State Directed
Payment Program, provided total expenditures from this appropriation
item do not exceed $850,000,000 in each fiscal year. The Director of
Budget and Management shall also increase the corresponding federal
share in appropriation item 651623, Medicaid Services - Federal. Any
adjusted amounts are hereby appropriated.

(C)
Subject to divisions (B) and (D) of this section, $16,000,000 in
fiscal year 2026 and $32,000,000 in fiscal year 2027 from
appropriation item 651686, State Directed Payment Program, as well as
the corresponding federal shares in appropriation item 651623,
Medicaid Services - Federal, shall be distributed for a directed
payment program to support Bon Secours Mercy Health health system
locations in the state of Ohio.

(D)
The Medicaid Director shall terminate the Hospital Directed Payment
Program if funds deposited are insufficient to operate the program.

Section
333.90.
DEPOSITS
TO THE HEALTH CARE/MEDICAID SUPPORT AND RECOVERIES FUND

Of
the amount received by the Department of Medicaid during fiscal year
2026 and fiscal year 2027 from the first installment of assessments
paid under section 5168.06 of the Revised Code and intergovernmental
transfers made under section 5168.07 of the Revised Code, the
Medicaid Director shall deposit $2,500,000 cash in each fiscal year
into the state treasury to the credit of the Health Care/Medicaid
Support and Recoveries Fund (Fund 5DL0).

Section
333.100.
CASH
TRANSFERS FROM THE HEALTH CARE/MEDICAID SUPPORT AND RECOVERIES FUND
TO THE BEHAVIORAL HEALTH CARE FUND

Upon
the request of the Medicaid Director, the Director of Budget and
Management may transfer up to $2,200,000 cash in each fiscal year
from the Health Care/Medicaid Support and Recoveries Fund (Fund 5DL0)
to the Behavioral Health Care Fund (Fund 5AU0), used by the
Department of Behavioral Health. Any transferred funds shall be used
to support Centers of Excellence and related activities. Any
transferred amounts are hereby appropriated.

Section
333.110.
HOSPITAL
FRANCHISE FEE PROGRAM

The
Director of Budget and Management may authorize additional
expenditures from appropriation item 651623, Medicaid Services -
Federal, appropriation item 651525, Medicaid Health Care Services,
and appropriation item 651656, Medicaid Services - Hospital Franchise
Fee, in order to implement the programs authorized by sections
5168.20 through 5168.28 of the Revised Code. Any amounts authorized
are hereby appropriated.

Section
333.120.
HEALTH
INSURING CORPORATION CLASS FRANCHISE FEE

If
receipts credited to the Health Insuring Corporation Class Franchise
Fee Fund (Fund 5TN0) exceed the amounts appropriated from the fund,
the Medicaid Director may request the Director of Budget and
Management to authorize expenditures from the fund in excess of the
amounts appropriated. If any additional amounts are authorized, the
Director of Budget and Management shall adjust, using the federal
reimbursement rate, the federal appropriation item identified by the
Medicaid Director accordingly. Any authorized amounts and any
corresponding federal adjustments are hereby appropriated.

Section
333.130.
HOSPITAL
CARE ASSURANCE MATCH

If
receipts credited to the Health Care Federal Fund (Fund 3F00) exceed
the amounts appropriated from the fund for making the hospital care
assurance program distribution, the Medicaid Director may request the
Director of Budget and Management to authorize expenditures from the
fund in excess of the amounts appropriated. Upon the approval of the
Director of Budget and Management, the additional amounts are hereby
appropriated.

The
foregoing appropriation item 651649, Medicaid Services – Health
Care Assurance Program, shall be used by the Department of Medicaid
for distributing the state share of all hospital care assurance
program funds to hospitals under section 5168.09 of the Revised Code.
If receipts credited to the Hospital Care Assurance Program Fund
(Fund 6510) exceed the amounts appropriated from the fund for making
the hospital care assurance program distribution, the Medicaid
Director may request the Director of Budget and Management to
authorize expenditures from the fund in excess of the amounts
appropriated. Upon the approval of the Director of Budget and
Management, the additional amounts are hereby appropriated.

Section
333.140.
HOSPITAL
ADDITIONAL PAYMENTS PROGRAM

The
Hospital Additional Payment Program is created. The program shall be
a state directed payment program for inpatient and outpatient
hospital services provided to Medicaid care management system
enrollees receiving care at in-state hospitals. Participating
hospitals or hospital industry representatives shall work
collaboratively with the Department of Medicaid to establish quality
improvement initiatives that are approved by the Medicaid Director
and that align with and advance the goals of the Department of
Medicaid's quality strategy required under 42. C.F.R. 438.340.
Participating hospitals shall receive payments directly for services
provided under the program.

The
non-federal share of services under the program shall be funded
through the hospital franchise fee. Hospital franchise fees made for
this program shall be deposited into the Medicaid Hospital Fund (Fund
5GF0). The state share of this program shall be derived from deposits
attributable to the incremental franchise fee for the program, and
the corresponding federal share in appropriation item 651623,
Medicaid Services – Federal, shall be used for the HAP Program. The
Medicaid Director shall seek approval from the Centers for Medicare
and Medicaid Services for the program in accordance with section
5162.07 of the Revised Code.

Section
333.150.
REFUNDS
AND RECONCILIATION FUND

If
estimated receipts to the Refunds and Reconciliation Fund (Fund R055)
exceed the amounts appropriated from the fund, the Medicaid Director
may request the Director of Budget and Management to authorize
expenditures from the fund in excess of the amounts appropriated.
Upon approval of the Director of Budget and Management, the
additional amounts are hereby appropriated.

Section
333.160.
NON-EMERGENCY
MEDICAL TRANSPORTATION

In
order to ensure access to a non-emergency medical transportation
brokerage program established pursuant to section 1902(a)(70) of the
"Social Security Act," 42 U.S.C. 1396a(a)(70), upon the
request of the Medicaid Director, the Director of Budget and
Management may transfer the state share appropriations between
General Revenue Fund appropriation item 651525, Medicaid Health Care
Services, within the Department of Medicaid and 655523, Medicaid
Program Support – Local Transportation, within the Department of
Job and Family Services. If such a transfer occurs, the Director of
Budget and Management shall adjust, using the federal reimbursement
rate, the federal share appropriations of appropriation item 651525,
Medicaid Health Care Services, within the Department of Medicaid, and
appropriation item 655624, Medicaid Program Support - Federal, within
the Department of Job and Family Services. The Medicaid Director may
transfer federal funds as the state's single state agency for
Medicaid reimbursements, as drawn for these transactions. Any amounts
transferred are hereby appropriated.

Section
333.200.
PUBLIC
ASSISTANCE FOR ELIGIBILITY REDETERMINATIONS

Up
to $5,000,000 in each fiscal year of funds within appropriation item
655522, Medicaid Program Support - Local, may be distributed based on
performance criteria established by the Ohio Department of Medicaid.
Performance based amounts and criteria, and criteria for transfer
approval may include but are not limited to timeliness and accuracy
of application and renewal processing.

Section
333.210.
CASH
TRANSFERS FROM FRANCHISE PERMIT FEE FUND TO THE DEPARTMENT OF HEALTH
AND THE DEPARTMENT OF AGING

Upon
the request of the Medicaid Director, the Director of Budget and
Management may transfer up to $5,000,000 cash in each fiscal year
from the Nursing Home Franchise Fee Fund (Fund 5R20) to the Quality,
Monitoring, and Inspection Fund (Fund 5B50) used by the Department of
Health. Also, upon the request of the Medicaid Director, the Director
of Budget and Management may transfer up to $9,300,000 cash in each
fiscal year from the Nursing Home Franchise Fee Fund (Fund 5R20) to
the Ombudsman Support Fund (Fund 5BA0), used by the Department of
Aging. All transferred funds shall be utilized in accordance with
section 5168.54 of the Revised Code. At the end of each fiscal year,
the Department of Health and the Department of Aging shall report on
spending activities to the Office of Budget and Management.

Section
333.230.
MEDICAID
INTERAGENCY PASS-THROUGH

The
Medicaid Director may request the Director of Budget and Management
to increase appropriation item 651655, Medicaid Interagency
Pass-Through. Upon the approval of the Director of Budget and
Management, the additional amounts are hereby appropriated.

Section
333.240.
MEDICAID
SERVICES RECOVERIES

The
Medicaid Director may request the Director of Budget and Management
to increase appropriation item 651639, Medicaid Services Recoveries.
Upon the approval of the Director of Budget and Management, the
additional amounts are hereby appropriated.

Section
333.250.
MYCARE
OHIO EXPANSION

(A)
As required by H.B. 33 of the 135th General Assembly, the Medicaid
Director shall continue, during fiscal years 2026 and 2027, to expand
the Integrated Care Delivery System, as that phrase is defined in
section 5164.01 of the Revised Code, or if the Director terminates
the Integrated Care Delivery System, the successor program developed
by the Director and approved by the United States Centers for
Medicare and Medicaid Services, to all counties of this state.

(B)
The entities selected for the expanded Integrated Care Delivery
System shall be selected by the Department.

(C)
The Department shall establish requirements for care management and
coordination of waiver services in the expanded Integrated Care
Delivery System, subject to all of the following:

(1)
The entities selected pursuant to division (B) of this section shall
employ the applicable area agency on aging to be coordinators of home
and community-based services available under a Medicaid waiver
component available for eligible individuals over the age of
fifty-nine;

(2)
The entities may delegate to the applicable area agency on aging full
care coordination function for home and community-based services and
other health care services received by those eligible individuals;

(3)
Individuals enrolled in an entity's plan or plans may choose the
entity or its designee as the care coordinator as an alternative to
the area agency on aging;

(4)
The Department may specify an alternative approach to care management
and coordination of waiver services if the performance of the area
agency on aging does not meet the requirements of the Integrated Care
Delivery System or if the Department determines that the needs of a
defined group of individuals requires an alternative approach.

Section
333.260.
INCREASING
CHILDREN'S ACCESS TO VISION AND DENTAL SERVICES

Upon
the request of the Medicaid Director, the Director of Budget and
Management may transfer up to $4,660,000 in appropriations in fiscal
year 2026 and $4,295,000 in appropriations in fiscal year 2027 from
appropriation item 651525, Medicaid Health Care Services, to
appropriation items in the Department of Health. This funding shall
be used to support public health programs or the provision of certain
services, including preventive care and other interventions, to
improve the health of low-income children.

Of
the transferred funds, up to $2,660,000 in fiscal year 2026 and
$2,295,000 in fiscal year 2027 shall be used to increase children's
access to vision care, and up to $2,000,000 in each fiscal year shall
be used to increase children's access to dental care. The Director of
Medicaid may transfer federal funds as the state's single state
agency for Medicaid reimbursements, as drawn for these transactions.
Any transferred amounts are hereby appropriated.

Section
333.263.
MEDICAID
ADD-ON PAYMENT FOR NURSING FACILITY DIALYSIS SERVICES

For
fiscal year 2026 and fiscal year 2027, the Department of Medicaid
shall pay a rate add-on of one hundred ten dollars per treatment for
dialysis services provided in a nursing facility, as defined in
section 5165.01 of the Revised Code, to a resident enrolled in the
Medicaid program.

Section
333.270.
HCBS
DIRECT CARE WORKER WAGES

The
Department of Medicaid, jointly, with the Department of Aging and the
Department of Developmental Disabilities, shall collect data from
providers regarding the wages paid to direct care workers providing
direct care services under the Medicaid home and community-based
waiver components administered by those agencies. Not later than the
last day in December of each fiscal year of the biennium, the
Department of Medicaid shall compile a report and submit the report
to the Governor, the President and Minority Leader of the Senate, the
Speaker and Minority Leader of the House of Representatives, and the
chairperson of the standing committees handling Medicaid matters in
both the House of Representatives and the Senate.

Section
333.280.
GRADUAL
IMPLEMENTATION OF PDPM TO CALCULATE NURSING FACILITY DIRECT CARE
RATES

(A)
For the period beginning July 1, 2025, and ending December 31, 2025,
the Department of Medicaid shall determine each nursing facility's
per medicaid day payment rate for direct care costs by multiplying
the cost per case-mix unit determined under division (C) of section
5165.19 of the Revised Code for the facility's peer group by the
following case-mix score:

(1)
If the facility's case-mix score during fiscal year 2025 is the
case-mix score specified in division (A)(2)(b) of section 5165.19 of
the Revised Code, that case-mix score;

(2)
If the facility's case-mix score during fiscal year 2025 is the
semiannual case-mix score determined for the facility under division
(A)(1) of section 5165.19 of the Revised Code, the semiannual
case-mix score determined under that division for the semiannual
period beginning July 1, 2025. Beginning January 1, 2026, the
increase or decrease in a nursing facility's direct care rate shall
be one-third of the difference between the direct care rate on
January 1, 2025, and the direct care rate determined utilizing case
mix scores calculated in accordance with section 5165.192 of the
Revised Code.

In
fiscal year 2027, the increase or decrease to a nursing facility's
direct care rate shall be two-thirds of the difference between the
direct care rate on January 1, 2025, and the direct care rate
determined utilizing case mix scores calculated in accordance with
section 5165.192 of the Revised Code. Thereafter, a nursing
facility's direct care rate shall be determined utilizing case mix
scores calculated in accordance with section 5165.192 of the Revised
Code.

(B)
Beginning October 1, 2025, quarterly during fiscal year 2026 and
fiscal year 2027, the Department of Medicaid shall report to the
General Assembly on the progress of its transition to using the
patient driven patient model to calculate nursing facility per
Medicaid day payment rates. The report shall cover the progress
during the previous quarter. The report shall be submitted to the
chairperson and the ranking member of the standing committees in both
the House of Representatives and in the Senate overseeing Medicaid
matters.

(C)
The implementation of this section for nursing facility direct care
costs and per Medicaid day payment rates is intended to be budget
neutral during fiscal years 2026 and 2027 and to not increase nursing
facility payment rates during the fiscal biennium.

Section
333.290.
RURAL
OHIO HOSPITAL TAX PILOT PROGRAM

(A)
As used in this section:

(1)
"Critical access hospital" means a hospital located in a
county that has a hospital tax assessment and is certified as a
critical access hospital by the United States Centers for Medicare
and Medicaid Services and designated as a critical access hospital by
the department of health pursuant to section 3701.073 of the Revised
Code.

(2)
"Hospital tax assessment" means an assessment imposed under
Section 333.300 of this act to fund the nonfederal share of the Rural
Ohio Hospital Tax Pilot Program.

(3)
"Preprint" means a form created by the United States
Centers for Medicare and Medicaid Services to request approval of a
state directed payment program as required under 42 C.F.R. 438.6(c).

(4)
"Rural hospital" means a hospital located in a county that
has a hospital tax assessment and is not classified into core based
statistical areas as designated in the inpatient prospective payment
system case-mix and wage index table published by the United States
Centers for Medicare and Medicaid Services. "Rural hospital"
includes any hospital located in the following counties: Fayette,
Greene, Highland, Hocking, Muskingum, Perry, Pike, Ross, Scioto, or
Washington.

(B)
The Rural Ohio Hospital Tax Pilot Program Fund (Fund 5CM1) is
created. Investment earnings of the Rural Ohio Hospital Tax Pilot
Program Fund shall be credited to the fund.

(C)
The Medicaid Director may create a Rural Ohio Hospital Tax Pilot
Program for directed payments to rural Ohio hospitals, and their
related health systems, that meet the following criteria:

(1)
The hospital is a rural hospital or a critical access hospital.

(2)
The hospital is enrolled as a provider in the Medicaid program.

(D)
The Rural Ohio Hospital Tax Pilot Program established pursuant to
this section shall comply with the requirements of 42 C.F.R.
438.6(c), including all of the following:

(1)
The program shall be approved by the United States Centers for
Medicare and Medicaid Services, and the Medicaid Director shall seek
approval for the program in accordance with section 5162.07 of the
Revised Code.

(2)
Directed payments under the program shall not exceed the average
commercial rate under a preprint as approved by the United States
Centers for Medicare and Medicaid Services.

(3)
The program shall be subject to an evaluation plan, in accordance
with 42 C.F.R. 438.6(c)(2)(ii)(D).

(E)
Hospital providers participating in the Rural Ohio Hospital Tax Pilot
Program shall do all of the following:

(1)
Enter into one or more contracts related to the program as necessary,
as determined by the Department of Medicaid;

(2)
Comply with average commercial rate reporting requirements
established by the Department, related to the requirements set forth
in 42 C.F.R. 438.6(c)(2)(iii);

(3)
Comply with the Department's quality measure set, including the
metrics and targets set by the Department to advance the goals and
objectives in the Department's quality strategy, as specified in 42
C.F.R. 438.6(c)(2)(ii)(C) and 42 C.F.R. 438.340;

(4)
Cooperate with any evaluation or reporting requirements established
by the Department related to the requirements set forth in 42 C.F.R.
438.6(c)(2)(ii)(D) and (F).

(F)
Any hospital provider contracts required under division (E)(1) of
this section shall be executed not later than the first day of
October preceding the first fiscal year of a biennium. A contract
required under this section may be entered into in accordance with
section 5162.32 of the Revised Code.

(G)
All funds supporting the Rural Ohio Tax Pilot Program shall comply
with the requirements specified in 42 C.F.R. Part 433. No hospital
provider may participate in the Rural Ohio Hospital Tax Pilot Program
unless sufficient tax funds are assessed, collected, obligated, and
appropriated.

(H)
The Director may terminate or decline to establish the Rural Ohio
Hospital Tax Pilot Program if federal or local tax funding is not
available or sufficient to sustain the program. The Department shall
not at any time be required to provide funding for the Rural Ohio
Hospital Tax Pilot Program. The requirements of this section apply
only as long as the United States Centers for Medicare and Medicaid
Services determines that the assessment imposed under Section 333.300
of this act is a permissible health care-related tax pursuant to the
"Social Security Act," section 1903(w), 42 U.S.C. 1396b(w).
If the Department is informed that the assessment is an impermissible
health care related tax, the Department shall promptly refund to each
hospital the amount of money currently in the Rural Ohio Hospital Tax
Pilot Program Fund (Fund 5CM1) that has been paid by the hospital
under Section 333.300 of this act, plus any investment earnings on
that amount.

(I)
The nonfederal share of the directed payments shall be funded
exclusively by a hospital tax assessment pursuant to Section 333.300
of this act and must be remitted to the Department through
intergovernmental transfer from a county or multi-county funding
district, as specified in that section.

(J)
Transfers made for the program shall be deposited into the Rural Ohio
Hospital Tax Pilot Program Fund (Fund 5CM1). The state share of this
program shall be derived from deposits attributable to the
intergovernmental transfers received for the Rural Ohio Hospital Tax
Pilot Program, and the corresponding federal share in appropriation
item 651623, Medicaid Services – Federal, shall be used for the
Rural Ohio Hospital Tax Pilot Program.

Section
333.300.
RURAL
OHIO HOSPITAL PILOT PROGRAM ASSESSMENTS

(A)(1)
As used in this section, "county" means a county that
contains a rural hospital or critical access hospital as defined in
Section 333.290 of this act.

(2)
For purposes of this section, one or more contiguous counties may
create a multi-county funding district. Only counties with two or
fewer rural hospitals may participate in a multi-county funding
district. The boundary of any multi-county funding district shall be
coextensive with the combined boundaries of the counties contained in
the multi-county funding district.

(B)
In establishing a multi-county funding district, all of the following
apply:

(1)
A multi-county funding district is a governmental entity.

(2)
The board of county commissioners of each county within the
boundaries of a proposed multi-county funding district shall pass a
resolution or ordinance establishing the county's participation in
the multi-county funding district and appointing one county
commissioner to serve on the district's governing board. Upon the
adoption of a resolution or ordinance by each board of county
commissioners, the multi-county funding district is created.
Following the creation of a multi-county funding district, each
resolution or ordinance required to establish the district shall be
amended before a new county may join the district.

(3)
The governing board of a multi-county funding district shall be
comprised solely of the county commissioners appointed by each county
within the boundaries of the district. A county may replace its
appointment to the governing board by resolution or ordinance.

(4)
The governing board of a multi-county funding district shall delegate
the operational and administrative burdens of the districts to the
counties that comprise the district. Within sixty days of the
establishment of a multi-county funding district, the governing board
shall designate at least one county to serve as the operational and
administrative lead for the district. The governing board may change
this designation at any time.

(C)
A county or multi-county funding district may establish a local
hospital assessment to provide the nonfederal share for Medicaid
payments under division (G) of Section 333.290 of this act. Any local
assessment established under this section shall comply with all of
the requirements applicable to provider assessments, as specified in
42 U.S.C. 1396b(w) and 42 C.F.R. 433.68.

(1)
Each county or multi-county funding district shall set the annual
rate of the local hospital assessment.

(2)
An assessment established under this section shall apply uniformly to
all non-public hospitals within the jurisdiction of the county or
multi-county funding district. A county or multi-county funding
district may apply the assessment to public hospitals.

(3)
A county or multi-county funding district shall set the rate of the
assessment such that, in the aggregate, the assessment will generate
sufficient revenue to cover both of the following:

(a)
The nonfederal share of Medicaid payments that benefit hospitals in
the county or multi-county funding district;

(b)
The administrative expenses of the county or multi-county funding
district in administering the local hospital assessment, except that
administrative expenses shall not exceed one hundred fifty thousand
dollars annually.

(4)
Implementation of an assessment established under this section shall
further the state's evolving quality goals, including improving
mental health, substance abuse prevention, and advancing maternal
health.

(5)
A county or multi-county funding district may impose penalties upon a
hospital that is subject to an assessment that fails to pay the
assessment in a timely manner.

Section
333.360.
GROUP
VIII TRANSITION PLAN

As
used in this section,"expansion eligibility group" has the
same meaning as in section 5163.01 of the Revised Code.

If,
during fiscal year 2026 or fiscal year 2027, the federal medical
assistance percentage for the Medicaid expansion eligibility group is
set below ninety percent, and individuals enrolled in Medicaid on the
basis of being enrolled in the expansion eligibility group are no
longer eligible to be enrolled in the Medicaid program in accordance
with section 5163.04 of the Revised Code, the Department of Medicaid
shall implement a phased transition plan to assist those individuals
by redirecting them to private insurance subsidies or charity care
programs that provide medical assistance.

Section
333.415.
TRANSFERS
FROM THE HEALTH AND HUMAN SERVICES RESERVE FUND TO THE GENERAL
REVENUE FUND

During
fiscal years 2026 and 2027, if the Director of Budget and Management
determines that the Department of Medicaid will exhaust the funds
provided under GRF appropriation item 651525, Medicaid Health Care
Services, and other relevant non-GRF Medicaid appropriation items for
a given fiscal year, and also determines that it is necessary to
increase the corresponding state and federal shares of GRF
appropriation item 651525 to fully pay the state's Medicaid program
obligations, the Director of Budget and Management may seek
Controlling Board approval to transfer cash from the Health and Human
Services Reserve Fund (Fund 5SA4) to the General Revenue Fund to fund
the needed increase to the state share of GRF appropriation item
651525.

If
the Director of Budget and Management receives Controlling Board
approval and makes such a transfer, they shall also adjust the
federal share of GRF appropriation line item 651525 correspondingly.
Any such Controlling Board approved transfers and adjustments made by
the Director of Budget and Management are hereby appropriated.

Notwithstanding
any provision of law to the contrary, the total amount of the cash
transfer from the Health and Human Services Reserve Fund (Fund 5SA4)
to the General Revenue Fund shall not exceed $250,000,000 in either
fiscal year 2026 or fiscal year 2027.

During
fiscal years 2026 and 2027, the Ohio Department of Medicaid shall
make every effort to achieve administrative cost savings,
programmatic cost savings, and implement agency administration
efficiency projects, reductions in contracting and vendor costs, and
policies focusing on healthier outcomes. The Ohio Department of
Medicaid shall also endeavor to ensure Medicaid benefits are received
only by eligible recipients. Should the Director of Budget and
Management seek Controlling Board approval to make the transfers
permitted by this section, the Medicaid Director shall report to the
Controlling Board on the Ohio Department of Medicaid's progress on
these savings and efficiency endeavors.

Section
335.10.

1

2

3

4

5

A

MED
STATE MEDICAL BOARD

B

Dedicated
Purpose Fund Group

C

5C60

883609

Operating
Expenses

$14,315,005

$14,891,225

D

Dedicated
Purpose Fund Group Total

$14,315,005

$14,891,225

E

TOTAL
ALL BUDGET FUND GROUPS

$14,315,005

$14,891,225

Section
337.10.

1

2

3

4

5

A

MHA
DEPARTMENT OF BEHAVIORAL HEALTH

B

General
Revenue Fund

C

GRF

336321

Program
Support and Operations

$56,671,000

$56,671,000

D

GRF

336402

Resident
Trainees

$380,000

$380,000

E

GRF

336406

Prevention
and Wellness

$5,500,000

$5,500,000

F

GRF

336407

Crisis
Services and Stablization

$17,000,000

$22,000,000

G

GRF

336412

Hospital
Services

$326,500,000

$335,000,000

H

GRF

336415

Mental
Health Facilities Lease Rental Bond Payments

$27,500,000

$24,200,000

I

GRF

336421

Continuum
of Care Services

$104,080,000

$104,080,000

J

GRF

336422

Criminal
Justice Services

$28,500,000

$28,500,000

K

GRF

336425

Specialized
Docket Support

$11,282,469

$11,287,028

L

GRF

336504

Community
Innovations

$8,500,000

$8,500,000

M

GRF

336510

Residential
State Supplement

$24,000,000

$24,000,000

N

GRF

336516

Appalachian
Children Coalition

$2,500,000

$2,500,000

O

GRF

336519

Community
Projects

$5,125,000

$4,325,000

P

GRF

336522

9-8-8
Suicide Crisis

$25,500,000

$23,000,000

Q

GRF

652321

Medicaid
Support

$478,055

$492,396

R

General
Revenue Fund Total

$643,516,524

$650,435,424

S

Dedicated
Purpose Fund Group

T

4750

336623

Statewide
Treatment and Prevention

$24,000,000

$24,000,000

U

4850

336632

Mental
Health Operating

$19,000,000

$24,200,000

V

5AU0

336615

Behavioral
Health Care

$11,000,000

$11,000,000

W

5JL0

336629

Problem
Gambling and Casino Addiction

$9,000,000

$7,750,000

X

5T90

336641

Problem
Gambling Services

$3,200,000

$3,200,000

Y

5VV0

336645

Transcranial
Magnetic Stimulation Program

$5,000,000

$5,000,000

Z

6320

336616

Community
Capital Replacement

$350,000

$350,000

AA

6890

336640

Education
and Conferences

$200,000

$200,000

AB

Dedicated
Purpose Fund Group Total

$71,750,000

$75,700,000

AC

Internal
Service Activity Fund Group

AD

1490

336609

Hospital
Operating Expenses

$16,000,000

$16,000,000

AE

1490

336610

Operating
Expenses

$7,350,000

$7,350,000

AF

1510

336601

Ohio
Pharmacy Services

$124,937,150

$146,503,708

AG

4P90

336604

Community
Mental Health Projects

$250,000

$250,000

AH

Internal
Service Activity Fund Group Total

$148,537,150

$170,103,708

AI

Federal
Fund Group

AJ

3240

336605

Medicaid/Medicare

$18,000,000

$18,000,000

AK

3A70

336612

Social
Services Block Grant

$8,500,000

$8,500,000

AL

3A80

336613

Federal
Grants

$8,600,000

$8,600,000

AM

3A90

336614

Mental
Health Block Grant

$52,000,000

$46,000,000

AN

3B10

652636

Community
Medicaid Legacy Support

$1,600,000

$1,600,000

AO

3G40

336618

Substance
Abuse Block Grant

$87,000,000

$86,000,000

AP

3H80

336606

Demonstration
Grants

$16,000,000

$16,000,000

AQ

3HB1

336644

State
Opioid Response

$170,000,000

$170,000,000

AR

3N80

336639

Administrative
Reimbursement

$1,000,000

$1,000,000

AS

Federal
Fund Group Total

$362,700,000

$355,700,000

AT

TOTAL
ALL BUDGET FUND GROUPS

$1,226,503,674

$1,251,939,132

Section
337.20.
STATE
BLOCK GRANTS

(A)
As used in this section:

(1)
"Drug used in withdrawal management or detoxification"
means a drug approved by the United States Food and Drug
Administration for use in, or a drug in standard use for, mitigating
alcohol or opioid withdrawal symptoms or assisting with
detoxification.

(2)
"Jail" has the same meaning as in section 2929.01 of the
Revised Code.

(3)
"Medication-assisted treatment" has the same meaning as in
section 340.01 of the Revised Code.

(4)
"Medication-assisted treatment drug court program" means a
session of any of the following that holds initial or final
certification from the Supreme Court of Ohio as a specialized docket
program for drugs and that uses medication-assisted treatment as part
of its specialized docket program: a common pleas court, municipal
court, or county court, or a division of any of those courts.

(5)
"Alcohol and drug addiction services," "mental health
services," "recovery housing residence," and "recovery
supports" have the same meanings as in section 5119.01 of the
Revised Code.

(B)
In fiscal years 2026 and 2027, the Department of Behavioral Health
may allocate General Revenue Funds described in this section, as well
as any other General Revenue Funds and Dedicated Purpose Funds
determined by the Department, to boards of alcohol, drug addiction,
and mental health services through state block grants. These state
block grants shall serve to provide flexibility within established
allowable uses for the boards to disburse funds to behavioral health
providers to provide harm reduction, prevention, substance use
disorder treatment, mental health treatment, recovery supports, and
crisis services in local communities. The Director of Behavioral
Health shall adopt guidelines on the eligible uses of these block
grants.

(C)
The Director of Behavioral Health shall create a uniform reporting
structure related to the expenditures, uses, and outcomes of the
state block grants described in this section, including how
expenditures, uses, and outcomes relate to the community addiction
and mental health plans that boards of alcohol, drug addiction, and
mental health services are required to submit to the Department in
accordance with section 340.03 of the Revised Code. The reporting
structure shall ensure that thorough and accurate data is reported
with a focus on transparency, accountability, process improvement,
outcomes, and return on investment. Data points to be collected
include, but are not limited to:

(1)
The type of service provided and number of individuals served;

(2)
The amount spent for each state block grant broken down by primary,
secondary, tertiary, and targeted expenditures;

(3)
Data regarding provider determination and monitoring activities;

(4)
Key performance indicators and outcomes achieved.

This
data shall be made available in accordance with state of Ohio data
governance best practices and federal and state security and privacy
laws, regulations, and standards.

(D)
The Department of Behavioral Health shall disburse the state block
grant funds to boards of alcohol, drug addiction, and mental health
services in accordance with distribution methodologies determined by
the Director of Behavioral Health. In determining the methodologies,
the Director shall consider, at a minimum, all of the following
factors: population indicators, poverty rates, health workforce
shortage statistics, relevant emerging behavioral health trends, and
the amounts of fiscal year 2025 awards made to each board of alcohol,
drug addiction, and mental health services for related programs that
are eligible uses of the state block grant funds.

(E)
A portion of the foregoing appropriation item 336406, Prevention and
Wellness, shall be used to create a Prevention State Block Grant that
boards of alcohol, drug addiction, and mental health services shall
use to fund the provision of evidence-based or evidence-informed
early intervention, suicide prevention, and other prevention
services.

The
Director of Behavioral Health shall establish allowable uses for the
Prevention State Block Grant that include, but are not limited to,
all of the following:

(1)
Prevention across the lifespan;

(2)
Suicide prevention across the lifespan;

(3)
Early intervention;

(4)
Cross-system collaborative effort to address prevention needs in the
community.

(F)
A portion of the foregoing appropriation item 336407, Crisis Services
and Stabilization, shall be used to create a Crisis Services State
Block Grant that shall be used by boards of alcohol, drug addiction,
and mental health services to fund the provision of crisis services
and supports.

The
Director of Behavioral Health shall establish allowable uses for the
Crisis Services State Block Grant that include, but are not limited
to, all of the following:

(1)
Substance use and mental health crisis stabilization centers;

(2)
Crisis stabilization and crisis prevention services and supports;

(3)
Cross-systems collaborative efforts to address crisis services needs
in the community.

(G)
A portion of the foregoing appropriation item 336421, Continuum of
Care Services, shall be used to create a Mental Health State Block
Grant that shall be used by boards of alcohol, drug addiction, and
mental health services to fund the provision of mental health
services and recovery supports.

The
Director of Behavioral Health shall establish allowable uses for the
Mental Health State Block Grant that include, but are not limited to,
all of the following:

(1)
Mental health services, including the treatment of indigent mentally
ill persons subject to court order in hospitals or inpatient units
licensed by the Department of Behavioral Health under section 5119.33
of the Revised Code;

(2)
Cross-system collaborative efforts to serve adults with serious
mental illness who are involved in multiple human services or
criminal justice systems;

(3)
Other initiatives designed to address mental health needs.

(H)
A portion of the foregoing appropriation item 336421, Continuum of
Care Services, shall be used to create a Substance Use Disorder State
Block Grant that shall be used by boards of alcohol, drug addiction,
and mental health services to fund the provision of alcohol and drug
addiction services and recovery supports.

The
Director of Behavioral Health shall establish allowable uses for the
Substance Use Disorder State Block Grant that include, but are not
limited to, all of the following:

(1)
Initiatives concerning alcohol and drug addiction services;

(2)
Substance use stabilization centers;

(3)
Cross-system collaborative efforts to address substance use disorder
needs in the community.

(I)
A portion of the foregoing appropriation item 336421, Continuum of
Care Services, shall be used to create a Recovery Supports State
Block Grant that shall be used by boards of alcohol, drug addiction,
and mental health services to fund the provision of recovery
supports.

The
Director of Behavioral Health shall establish allowable uses for the
Recovery Supports State Block Grant that include, but are not limited
to, all of the following:

(1)
Subsidized support for psychotropic and substance use disorder
treatment medication needs of indigent citizens in the community to
reduce unnecessary hospitalization due to lack of medication;

(2)
Peer support;

(3)
Operational expenses and minor facility improvements to class two and
class three residential facilities licensed under section 5119.34 of
the Revised Code and recovery housing residences;

(4)
Community reintegration supports;

(5)
Cross-system collaborative efforts to address recovery support needs
in the community.

(J)
A portion of the foregoing appropriation item 336422, Criminal
Justice Services, shall be used to create a Criminal Justice State
Block Grant that shall be used by boards of alcohol, drug addiction,
and mental health services to fund the provision of services and
supports to incarcerated individuals and individuals being discharged
from prisons and jails.

The
Director of Behavioral Health shall establish allowable uses for the
Criminal Justice State Block Grant that include, but are not limited
to, all of the following:

(1)
Medication-assisted treatment and treatment involving drugs used in
withdrawal management or detoxification;

(2)
Community reintegration supports;

(3)
Substance use disorder treatment and mental health treatment,
including the provision of such treatment as an alternative to
incarceration, as well as recovery supports;

(4)
Forensic monitoring and tracking of individuals on conditional
release;

(5)
Forensic and crisis response training;

(6)
Projects that assist courts and law enforcement in identifying and
developing appropriate alternative services to incarceration for
nonviolent offenders with mental illness;

(7)
The provision of services to incarcerated individuals in jails with a
substance use disorder, severe mental illness, or both, including
screening and clinically appropriate treatment;

(8)
Linkages to, and the provision of, substance use disorder treatment,
mental health treatment, recovery supports, and specialized re-entry
services for incarcerated individuals leaving prisons and jails;

(9)
The support of specialized dockets, including the expansion of
existing medication-assisted treatment drug court programs, the
creation of new medication-assisted treatment drug court programs,
and assistance with the administrative expenses of participating
courts, community addiction services providers, and community mental
health services providers;

(10)
Cross-system collaborative efforts to address the needs of
individuals involved in the criminal justice system.

Section
337.30.
PREVENTION
AND WELLNESS

The
foregoing appropriation item 336406, Prevention and Wellness, shall
be used as follows:

(A)
Up to $3,000,000 in each fiscal year shall be allocated to boards of
alcohol, drug addiction, and mental health services through the
Prevention State Block Grant established in division (E) of Section
337.20 of this act.

(B)
Up to $2,500,000 in each fiscal year shall be used to support suicide
prevention efforts.

Section
337.50.
HOSPITAL
SERVICES

The
foregoing appropriation item 336412, Hospital Services, may be used
for any of the following purposes:

(A)
Supporting all operations related to the hospitals established,
controlled, or supervised by the Department of Behavioral Health
under Chapter 5119. of the Revised Code;

(B)
Supporting physical environments that are designed for patients to
receive assessment, evaluation, and stabilization interventions
within general hospitals;

(C)
Providing jails and associated health care providers with access to
telehealth consultations with psychiatric specialists, such as
psychiatrists and psychiatric nurse practitioners.

Section
337.60.
MENTAL
HEALTH FACILITIES LEASE RENTAL BOND PAYMENTS

The
foregoing appropriation item 336415, Mental Health Facilities Lease
Rental Bond Payments, shall be used to meet all payments during the
period from July 1, 2025, through June 30, 2027, by the Department of
Behavioral Health pursuant to leases and agreements made under
section 154.20 of the Revised Code. These appropriations are the
source of funds pledged for bond service charges on obligations
issued pursuant to Chapter 154. of the Revised Code.

Section
337.70.
CONTINUUM
OF CARE SERVICES

The
foregoing appropriation item 336421, Continuum of Care Services,
shall be used as follows:

(A)
Up to $69,500,000 in each fiscal year shall be allocated to boards of
alcohol, drug addiction, and mental health services through the
Mental Health State Block Grant established in division (G) of
Section 337.20 of this act;

(B)
Up to $9,500,000 in each fiscal year shall be allocated to boards of
alcohol, drug addiction, and mental health services through the
Substance Use Disorder State Block Grant established in division (H)
of Section 337.20 of this act;

(C)
Up to $19,500,000 in each fiscal year shall be allocated to boards of
alcohol, drug addiction, and mental health services through the
Recovery Supports State Block Grant established in division (I) of
Section 337.20 of this act;

(D)
Up to $4,000,000 in each fiscal year shall be used to expand
statewide access to rapid mobile response and stabilization services
provided to youth experiencing an emotional or behavioral health
crisis and their families;

(E)
Up to $455,000 in each fiscal year shall be used to implement
sections 5119.39 to 5119.397 of the Revised Code;

(F)
Up to $400,000 in each fiscal year shall be used to provide funding
for community projects across the state that focus on support for
families, assisting families in avoiding crisis, and crisis
intervention;

(G)
$225,000 in each fiscal year shall be allocated to LifeTown Columbus
to provide additional support for facility renovations and
operations, including professional development, curriculum
development, education materials, equipment, marketing, and
recruitment; and

(H)
$250,000 in each fiscal year shall be allocated to Flying Horse
Farms.

(I)
$250,000 in each fiscal year shall be allocated to The Freedom
Collective to provide outreach, education, and support services to
victims of commercial sexual exploitation.

Section
337.80.
CRIMINAL
JUSTICE SERVICES

(A)
Of the foregoing appropriation item 336422, Criminal Justice
Services, up to $5,115,483 in fiscal year 2026 and $5,077,378 in
fiscal year 2027 shall be allocated to boards of alcohol, drug
addiction, and mental health services through the Criminal Justice
State Block Grant established in division (J) of Section 337.20 of
this act.

(B)
Of the foregoing appropriation item 336422, Criminal Justice
Services, up to $6,500,000 in each fiscal year shall be allocated to
the Behavioral Health Drug Reimbursement Program established in
section 5119.19 of the Revised Code.

(C)
Of the foregoing appropriation item 336422, Criminal Justice
Services, $1,250,000 in each fiscal year shall be used to support the
Addiction Treatment Program.

(D)
The remainder of appropriation item 336422, Criminal Justice
Services, shall be used for all of the following:

(1)
The provision of forensic psychiatric evaluations to courts of common
pleas;

(2)
The completion of evaluations of patients of forensic status in
facilities operated or designated by the Department of Behavioral
Health prior to each patient's conditional release to the community;

(3)
Workforce, training, and technological initiatives that support the
items specified in divisions (D)(1) and (2) of this section;

(4)
Support therapeutic communities;

(5)
Provide forensic and crisis response training;

(6)
Establish and administer outpatient and jail-based competency
restoration services;

(7)
Establish and administer pre-trial diversion programs;

(8)
Support assisted outpatient treatment programs;

(9)
Link and provide behavioral health treatment and recovery supports,
including housing assistance, to incarcerated individuals with a
substance use disorder, severe mental illness, or both, upon their
release from jail or prison;

(10)
Support jail-based treatment and symptom management;

(11)
Support specialized dockets, including the expansion of existing
medication-assisted treatment drug court programs, the creation of
new medication-assisted treatment drug court programs, and assistance
with the administrative expenses of participating courts and
community addiction services providers and community mental health
services providers;

(12)
Establish and administer outpatient competency restoration services.
The services shall be provided by forensic centers described in
section 5119.10 of the Revised Code or, to the extent a forensic
center in a community does not provide outpatient competency
restoration services, a psychiatric program or facility selected by a
board of alcohol, drug addiction, and mental health services to
provide such services.

Section
337.90.
SPECIALIZED
DOCKET SUPPORT

(A)
Except as otherwise provided in this section, the foregoing
appropriation item 336425, Specialized Docket Support, shall be used
to defray a portion of the annual payroll costs associated with the
specialized docket of a common pleas court, municipal court, county
court, juvenile court, or family court that meets all of the
eligibility requirements in division (B) of this section, including a
family dependency treatment docket. The foregoing appropriation item
336425, Specialized Docket Support, may also be used to defray costs
associated with treatment services and recovery supports for
participants.

(B)
To be eligible, the specialized docket must have received Supreme
Court of Ohio initial or final certification and include participants
with behavioral health needs in its target population.

(C)
Of the foregoing appropriation item 336425, Specialized Docket
Support, the Department of Behavioral Health shall use up to one per
cent of the funds appropriated in each fiscal year to pay the cost it
incurs in administering the duties established in this section.

(D)
The Department, in consultation with the Supreme Court of Ohio, may
adopt funding distribution methodology, guidelines, and procedures as
necessary to carry out the purposes of this section.

Section
337.100.
COMMUNITY
INNOVATIONS

The
foregoing appropriation item 336504, Community Innovations, may be
used by the Department of Behavioral Health to make targeted
investments in programs, projects, or systems operated by or under
the authority of other state agencies, governmental entities, or
private not-for-profit agencies that impact, or are impacted by, the
operations and functions of the Department, with the goal of
achieving a net reduction in expenditure of state general revenue
funds and/or improved outcomes for Ohio citizens without a net
increase in state general revenue fund spending.

The
Director shall identify and evaluate programs, projects, or systems
proposed or operated, in whole or in part, outside of the authority
of the Department, where targeted investment of these funds in the
program, project, or system is expected to decrease demand for the
Department or other resources funded with state general revenue
funds, and/or to measurably improve outcomes for Ohio citizens with
mental illness or with alcohol, drug, or gambling addictions. The
Director shall have discretion to provide funds from this
appropriation item to private not-for-profit entities in amounts, and
subject to conditions, that the Director determines most likely to
achieve state savings and/or improved outcomes. Distribution of funds
from this appropriation item shall not be subject to sections 9.23 to
9.239 or Chapter 125. of the Revised Code.

The
Department shall enter into an agreement with each recipient of
community innovation funds, identifying the following: allowable
expenditure of the funds; other commitment of funds or other
resources to the program, project, or system; expected state savings
and/or improved outcomes and proposed mechanisms for measurement of
such savings or outcomes; and required reporting regarding
expenditure of funds and savings or outcomes achieved.

Of
the foregoing appropriation item 336504, Community Innovations, up to
$3,000,000 in each fiscal year shall be used to support workforce
development initiatives.

Of
the foregoing appropriation item 336504, Community Innovations, up to
$1,500,000 in each fiscal year shall be used to provide behavioral
health access and opportunities.

Of
the foregoing appropriation item 336504, Community Innovations, up to
$3,000,000 in each fiscal year shall be used to support the creation
and expansion of programs established by peer-run organizations in
this state for the purpose of offering individuals with a mental
illness, or a mental illness and co-occurring substance use disorder,
opportunities for employment, housing, education, and access to
medical and psychiatric services. Programs and facilities shall be
operated in accordance with model standards and benchmarks selected
by the Department of Behavioral Health.

Of
the foregoing appropriation item 336504, Community Innovations,
$125,000 in each fiscal year shall be used to support the Pilot Grant
Program for Doctoral Psychology Internships. The funds shall be
awarded to doctoral psychology internship programs accredited by the
American Psychological Association that offer clinical rotations in
non-residential or community mental health and health care systems.
Grant funds awarded shall be used to augment stipends for
doctoral-level psychology students that come to Ohio internship
sites.

Section
337.110.
RESIDENTIAL
STATE SUPPLEMENT

The
foregoing appropriation item 336510, Residential State Supplement,
may be used by the Department of Behavioral Health to implement and
operate the Residential State Supplement (RSS) Program required by
section 5119.41 of the Revised Code.

Section
337.115.
APPALACHIAN
CHILDREN COALITION

The
foregoing appropriation item 336516, Appalachian Children Coalition,
shall be provided to the Appalachian Children Coalition to address
systemic challenges children face in Appalachian Ohio.

Section
337.117.
COMMUNITY
PROJECTS

Of
the foregoing appropriation item 336519, Community Projects, $700,000
in each fiscal year shall be allocated to the Social Advocates for
Youth (S.A.Y.) Program at the Bellefaire Jewish Children's Bureau.
These funds shall be used to support the expansion of school-based
prevention and crises intervention services for youth including
community crisis and trauma services, school-based counselors,
behavioral health-trained teachers and intervention specialists, and
a dedicated researcher to document outcomes.

Of
the foregoing appropriation item 336519, Community Projects, $150,000
in each fiscal year shall be distributed to Challenge Ministries.

Of
the foregoing appropriation item 336519, Community Projects, $250,000
in each fiscal year shall be distributed to The Refuge to support
existing programming and services.

Of
the foregoing appropriation item 336519, Community Projects, $175,000
in each fiscal year shall be distributed to the 1N5 Foundation to
provide suicide prevention in schools.

Of
the foregoing appropriation item 336519, Community Projects, $300,000
in each fiscal year shall be used in accordance with the section of
this act entitled "HIGH-THC CANNABIS IMPACT RESEARCH STUDY.

Of
the foregoing appropriation item 336519, Community Projects,
$2,000,000 in each fiscal year shall be distributed to the
Values-In-Action Foundation for the Kindland initiative.

Of
the foregoing appropriation item 336519, Community Projects, $50,000
in fiscal year 2026 shall be provided to Ohio Special Initiatives by
Brothers and Sisters, or OHIO SIBS, for sustaining programs and to
support those with a sibling with a developmental disability to
empower them to take an active role in the life of the
developmentally disabled sibling.

Of
the foregoing appropriation item 336519, Community Projects, $750,000
in each fiscal year shall be distributed to Cornerstone of Hope to
launch and expand the Ohio Traumatic Loss Response Team.

Of
the foregoing appropriation item 336519, Community Projects, $750,000
in fiscal year 2026 shall be distributed to Empowering to Elevate
Academy and used to enhance security and improve facilities at the
former Mohican Young Star Academy in Ashland County.

Section
337.120.
MEDICAID
SUPPORT

The
foregoing appropriation item 652321, Medicaid Support, shall be used
to fund specified Medicaid Services as delegated by the state's
single agency responsible for the Medicaid Program.

Section
337.130.
9-8-8
LIFELINE

(A)
As used in this section, "9-8-8 Suicide and Crisis Lifeline"
means the 9-8-8 universal telephone number designated for use within
the United States under section 251(e) of the "Communications
Act of 1934," 47 U.S.C. 251(e), as amended by the "National
Suicide Hotline Designation Act of 2020," Pub. L. No. 116-172,
for the purpose of the national suicide prevention and mental health
crisis hotline system.

(B)
The foregoing appropriation item 336522, 9-8-8 Suicide Crisis, shall
be used to support statewide operations and related activities of the
9-8-8 Suicide and Crisis Lifeline and mental health treatment and
response.

Section
337.150.
PROBLEM
GAMBLING AND CASINO ADDICTION

A
portion of appropriation item 336629, Problem Gambling and Casino
Addiction, shall be allocated to boards of alcohol, drug addiction,
and mental health services in accordance with a distribution
methodology determined by the Director of Behavioral Health.

Section
337.160.
TRANSCRANIAL
MAGNETIC STIMULATION PROGRAM

The
foregoing appropriation item 336645, Transcranial Magnetic
Stimulation Program, shall be used for the Electroencephalogram (EEG)
Combined Transcranial Magnetic Stimulation Program as described in
section 5119.20 of the Revised Code.

Section
337.165.
STATE
OPIOID RESPONSE

Of
the foregoing appropriation item 336644, State Opioid Response,
$1,500,000 in each fiscal year shall be distributed to Cordata
Healthcare Innovations, Inc., for case management programming,
enhanced assessment, and evaluation of Ohio's law enforcement
deflection sites and quick response teams.

Section
337.170.
ACCESS
SUCCESS II PROGRAM

To
the extent cash is available, the Director of Budget and Management
may transfer cash from a fund designated by the Medicaid Director, to
the Sale of Goods and Services Fund (Fund 1490), used by the
Department of Behavioral Health. The transferred cash is hereby
appropriated.

The
Department of Behavioral Health shall use the transferred funds to
administer the Access Success II Program to help non-Medicaid
patients in any hospital established, controlled, or supervised by
the Department under Chapter 5119. of the Revised Code to transition
from inpatient status to a community setting.

Section
337.180.
CASH
TRANSFER FROM THE INDIGENT DRIVERS ALCOHOL TREATMENT FUND TO THE
STATEWIDE TREATMENT AND PREVENTION FUND

On
a schedule determined by the Director of Budget and Management, the
Director of Behavioral Health shall certify to the Director of Budget
and Management the amount of excess license reinstatement fees that
are available pursuant to division (F)(2)(c) of section 4511.191 of
the Revised Code to be transferred from the Indigent Drivers Alcohol
Treatment Fund (Fund 7049) to the Statewide Treatment and Prevention
Fund (Fund 4750). Upon certification, the Director of Budget and
Management may transfer cash from the Indigent Drivers Alcohol
Treatment Fund to the Statewide Treatment and Prevention Fund.

Section
337.185.
CASH
TRANSFER FROM THE 9-8-8 SUICIDE AND CRISIS RESPONSE FUND TO THE
GENERAL REVENUE FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer the cash balance in the 9-8-8
Suicide and Crisis Response Fund (Fund 5AA1) to the General Revenue
Fund. Upon completion of the transfer, Fund 5AA1 is hereby abolished.
The Director shall cancel any existing encumbrances against
appropriation item 336661, 9-8-8 Suicide and Crisis Response, and
reestablish them against appropriation item 336522, 9-8-8 Suicide
Crisis. The reestablished encumbrance amounts are hereby
appropriated.

Section
337.190.
STATEWIDE
MOBILE CRISIS SYSTEM

(A)
The Department of Behavioral Health, in coordination with local,
state, and federal government entities, shall assist with the
development and implementation of a statewide system of mobile crisis
services for adults and children.

(B)
The development of a statewide mobile crisis system is contingent on
the availability of state and federal funding. Should state and
federal funding be insufficient for the development of a full system
or limit the extent to which the system can be developed, the
Department shall determine whether and to what extent pilot projects
or other initiatives for the provision of mobile crisis services
could be implemented.

Section
337.200.
COMMUNITY
BEHAVIORAL HEALTH CLINICS

The
ability of the Department of Behavioral Health to establish a process
and standards for the state certification of certified community
behavioral health clinics under section 5119.211 of the Revised Code
is contingent on the availability of state and federal funding.
Should state or federal funding be insufficient for the state
certification of certified community behavioral health clinics, the
Department shall determine whether and to what extent pilot projects
or other initiatives to support an integrated care approach for the
provision of substance use disorder treatment and mental health
treatment could be implemented.

Section
339.10.

1

2

3

4

5

A

MIH
COMMISSION ON MINORITY HEALTH

B

General
Revenue Fund

C

GRF

149321

Operating
Expenses

$844,088

$855,455

D

GRF

149501

Demonstration
Grants

$1,352,000

$1,352,000

E

GRF

149502

Lupus
Program

$118,000

$118,000

F

GRF

149503

Infant
Mortality Health Grants

$4,970,489

$4,974,489

G

General
Revenue Fund Total

$7,284,577

$7,299,944

H

Dedicated
Purpose Fund Group

I

4C20

149601

Minority
Health Conference

$35,000

$35,000

J

Dedicated
Purpose Fund Group Total

$35,000

$35,000

K

Federal
Fund Group

L

3J90

149405

Healthier
Communities

$1,000,000

$1,000,000

M

Federal
Fund Group Total

$1,000,000

$1,000,000

N

TOTAL
ALL BUDGET FUND GROUPS

$8,319,577

$8,334,944

Section
341.10.

1

2

3

4

5

A

CRB
MOTOR VEHICLE REPAIR BOARD

B

Dedicated
Purpose Fund Group

C

4K90

865601

Operating
Expenses

$781,067

$821,804

D

Dedicated
Purpose Fund Group Total

$781,067

$821,804

E

TOTAL
ALL BUDGET FUND GROUPS

$781,067

$821,804

Section
343.10.

1

2

3

4

5

A

DNR
DEPARTMENT OF NATURAL RESOURCES

B

General
Revenue Fund

C

GRF

725401

Division
of Wildlife - Operating Subsidy

$1,700,000

$1,700,000

D

GRF

725413

Parks
and Recreational Facilities Lease Rental Bond Payments

$57,500,000

$76,500,000

E

GRF

725456

Canal
Lands

$118,000

$118,000

F

GRF

725459

Buckeye
State Tree Nursery

$1,134,650

$1,134,650

G

GRF

725460

LWCF
Recreation Lands

$262,646

$266,995

H

GRF

725505

Healthy
Lake Erie Program

$450,000

$0

I

GRF

725507

Coal
and Mine Safety Programs

$3,222,147

$3,297,340

J

GRF

725520

Special
Projects

$350,000

$350,000

K

GRF

725903

Natural
Resources General Obligation Bond Debt Service

$14,300,000

$14,300,000

L

GRF

727321

Division
of Forestry

$10,000,000

$10,000,000

M

GRF

729321

Office
of Information Technology

$526,055

$526,337

N

GRF

730321

Parks
and Recreation

$27,650,000

$47,650,000

O

GRF

736321

Division
of Engineering

$2,431,760

$2,476,358

P

GRF

737321

Division
of Water Resources

$2,402,230

$2,403,759

Q

GRF

738321

Office
of Real Estate and Land Management

$1,038,539

$1,060,089

R

GRF

741321

Division
of Natural Areas and Preserves

$5,104,211

$5,205,199

S

General
Revenue Fund Total

$128,190,238

$166,988,727

T

Dedicated
Purpose Fund Group

U

2270

725406

Parks
Projects Personnel

$4,831,529

$4,976,475

V

4300

725671

Canal
Lands

$479,012

$479,012

W

4S90

725622

NatureWorks
Personnel

$317,806

$327,341

X

4U60

725668

Scenic
Rivers Protection

$58,860

$58,860

Y

5090

725602

State
Forest

$10,852,951

$11,010,594

Z

5110

725646

Ohio
Geological Mapping

$6,123,647

$6,323,883

AA

5120

725605

State
Parks Operations

$43,122,931

$43,358,465

AB

5140

725606

Lake
Erie Shoreline

$1,694,771

$1,732,863

AC

5160

725620

Water
Management

$3,256,522

$3,562,000

AD

5180

725643

Oil
and Gas Regulation and Safety

$31,230,432

$31,784,411

AE

5180

725677

Oil
and Gas Well Plugging

$47,734,902

$48,022,027

AF

5210

725627

Off-Road
Vehicle Trails

$1,781,723

$286,068

AG

5220

725656

Natural
Areas and Preserves

$585,191

$600,500

AH

5290

725639

Mining
Regulation and Safety

$4,004,552

$4,090,096

AI

5310

725648

Reclamation
Forfeiture

$195,573

$195,579

AJ

5BJ1

7256A6

Parks
and Recreation

$27,500,000

$7,500,000

AK

5BJ1

7256A7

Wildlife
Area Land Royalties

$3,000,000

$0

AL

5EL0

725612

Wildlife
Law Enforcement

$11,826

$11,826

AM

5HK0

725625

Ohio
Nature Preserves

$9,239

$9,239

AN

5LD0

725458

Oil
and Gas Leasing Commission

$10,000

$10,000

AO

5P20

725634

Wildlife
Boater Angler Administration

$5,968,330

$5,968,330

AP

5TD0

725514

Park
Maintenance

$1,540,331

$1,540,331

AQ

6150

725661

Dam
Safety

$5,673,950

$6,473,950

AR

6970

725670

Submerged
Lands

$667,210

$679,080

AS

6H20

725681

H2Ohio

$21,200,000

$21,200,000

AT

7015

740401

Division
of Wildlife Conservation

$84,946,128

$87,919,242

AU

7086

725414

Waterways
Improvement

$5,782,184

$5,880,807

AV

7086

739401

Watercraft
Operations

$28,432,898

$28,922,532

AW

8150

725636

Cooperative
Management Projects

$625,271

$625,271

AX

8160

725649

Wetlands
Habitat

$659,691

$659,691

AY

8170

725655

Wildlife
Conservation Checkoff

$1,923,060

$1,923,060

AZ

8180

725629

Cooperative
Fisheries Research

$1,500,000

$1,500,000

BA

8190

725685

Ohio
River Management

$43,786

$43,786

BB

81B0

725688

Wildlife
Habitats

$1,359,102

$1,359,102

BC

Dedicated
Purpose Fund Group Total

$347,123,408

$329,034,421

BD

Internal
Service Activity Fund Group

BE

1550

725601

Departmental
Projects

$1,566,470

$1,586,980

BF

1570

725651

Program
Support

$26,713,040

$27,292,005

BG

5100

725631

Maintenance
- State-owned Residences

$43,713

$43,713

BH

Internal
Service Activity Fund Group Total

$28,323,223

$28,922,698

BI

Capital
Projects Fund Group

BJ

7061

725405

Clean
Ohio Trail Operating

$267,307

$273,030

BK

Capital
Projects Fund Group Total

$267,307

$273,030

BL

Fiduciary
Fund Group

BM

5ZT0

7256A2

State
Park Lodges Maintenance and Repair

$11,950,641

$11,950,641

BN

Fiduciary
Fund Group Total

$11,950,641

$11,950,641

BO

Holding
Account Fund Group

BP

R017

725659

Performance
Cash Bond Refunds

$450,999

$450,999

BQ

R043

725624

Forestry

$2,104,919

$2,104,919

BR

Holding
Account Fund Group Total

$2,555,918

$2,555,918

BS

Federal
Fund Group

BT

3320

725669

Federal
Mine Safety Grant

$306,979

$316,189

BU

3B30

725640

Federal
Forest Pass-Thru

$419,535

$419,535

BV

3B40

725641

Federal
Flood Pass-Thru

$106,648

$106,648

BW

3B50

725645

Federal
Abandoned Mine Lands

$69,114,806

$69,268,735

BX

3B60

725653

Federal
Land and Water Conservation Grants

$10,800,000

$25,800,000

BY

3B70

725654

Reclamation
- Regulatory

$1,311,309

$1,340,625

BZ

3IR0

7256A5

Long
Term Abandoned Mine Land Reclamation

$100,000

$100,000

CA

3P10

725632

Geological
Survey - Federal

$805,102

$786,700

CB

3P20

725642

Oil
and Gas - Federal

$20,109,957

$20,115,008

CC

3P20

725698

Oil
And Gas - Federal Orphan Well Plug

$22,363,120

$22,363,120

CD

3P30

725650

Coastal
Management - Federal

$3,953,487

$4,013,587

CE

3P40

725660

Federal
- Soil and Water Resources

$416,420

$422,292

CF

3R50

725673

Acid
Mine Drainage Abatement/Treatment

$860,489

$860,489

CG

3Z50

725657

Federal
Recreation and Trails

$1,122,594

$1,127,603

CH

Federal
Fund Group Total

$131,790,446

$147,040,531

CI

TOTAL
ALL BUDGET FUND GROUPS

$650,201,181

$686,765,966

Section
343.20.
PROGRAM
SUPPORT FUND

The
Department of Natural Resources shall use a methodology for
determining each division's payments into the Program Support Fund
(Fund 1570). The methodology used shall contain the characteristics
of administrative ease and uniform application in compliance with
federal grant requirements. It may include direct cost charges for
specific services provided. Payments to Fund 1570 shall be made using
an intrastate transfer voucher.

DIVISION
OF WILDLIFE-OPERATING SUBSIDY

The
foregoing appropriation item 725401, Division of Wildlife-Operating
Subsidy, shall be used to pay the direct and indirect costs of the
Division of Wildlife.

PARKS
AND RECREATIONAL FACILITIES LEASE RENTAL BOND PAYMENTS

The
foregoing appropriation item 725413, Parks and Recreational
Facilities Lease Rental Bond Payments, shall be used to meet all
payments during the period from July 1, 2025, through June 30, 2027,
by the Department of Natural Resources pursuant to leases and
agreements made under section 154.22 of the Revised Code. These
appropriations are the source of funds pledged for bond service
charges on related obligations issued under Chapter 154. of the
Revised Code.

HEALTHY
LAKE ERIE PROGRAM

The
foregoing appropriation item 725505, Healthy Lake Erie Program, shall
be used by the Director of Natural Resources, in support of the
following: (1) conservation measures in the Western Lake Erie Basin
as determined by the Director; (2) funding assistance for soil
testing, winter cover crops, edge of field testing, tributary
monitoring, and animal waste abatement; and (3) any additional
efforts to reduce nutrient runoff as the Director may decide. The
Director shall give priority to recommendations that encourage
farmers to adopt agricultural production guidelines commonly known as
4R nutrient stewardship practices.

SPECIAL
PROJECTS

Of
the foregoing appropriation item 725520, Special Projects, $100,000
in each fiscal year shall be used to support Ohio Education Programs
at Aullwood Audubon Center and Farm and Grange Insurance Audubon
Center.

Of
the foregoing appropriation item 725520, Special Projects, $250,000
in each fiscal year shall be used for improvements at Mosquito Lake
State Park.

NATURAL
RESOURCES GENERAL OBLIGATION BOND DEBT SERVICE

The
foregoing appropriation item 725903, Natural Resources General
Obligation Bond Debt Service, shall be used to pay all debt service
and related financing costs during the period July 1, 2025, through
June 30, 2027, on obligations issued under sections 151.01 and 151.05
of the Revised Code.

PARKS
AND RECREATION

The
Director of Natural Resources shall consult with the Loramie
Watershed Association to identify portions of Lake Loramie that are
negatively affected by hard pan sediment and hard clay debris. Of the
foregoing appropriation item 730321, Parks and Recreation, $250,000
in each fiscal year shall be used to contract with a third-party
vendor for channel excavation and the removal of hard pan sediment
and hard clay debris at Lake Loramie.

Of
the foregoing appropriation item 730321, Parks and Recreation,
$172,000 in fiscal year 2026 shall be used for channel excavation and
removal of sediment at Grand Lake St. Marys.

Of
the foregoing appropriation item 730321, Parks and Recreation,
$250,000 in fiscal year 2026 shall be used to support the Indian Lake
Watershed Project.

Of
the foregoing appropriation item 730321, Parks and Recreation,
$150,000 in each fiscal year shall be provided to Canalway Partners
to support the 2027 bicentennial recognition of the Ohio & Erie
Canal.

Section
343.30.
WELL
LOG FILING FEES

The
Chief of the Division of Water Resources shall deposit fees forwarded
to the Division pursuant to section 1521.05 of the Revised Code into
the Water Management Fund (Fund 5160) for the purposes described in
that section.

PARKS
CAPITAL EXPENSES FUND

The
Director of Natural Resources shall submit to the Director of Budget
and Management the estimated design, engineering, and planning costs
of capital-related work to be done by Department of Natural Resources
staff for parks projects within the Ohio Parks and Recreation
Improvement Fund (Fund 7035). If the Director of Budget and
Management approves the estimated costs, the Director may release
appropriations from Fund 7035 appropriation item C725E6, Project
Planning, for those purposes. Upon release of the appropriations, the
Department of Natural Resources shall pay for these expenses from the
Parks Capital Expenses Fund (Fund 2270). Expenses paid from Fund 2270
shall be reimbursed by Fund 7035 using an intrastate transfer
voucher.

NATUREWORKS
CAPITAL EXPENSES FUND

The
Department of Natural Resources shall submit to the Director of
Budget and Management the estimated design, planning, and engineering
costs of capital-related work to be done by Department of Natural
Resources staff for each capital improvement project within the Ohio
Parks and Natural Resources Fund (Fund 7031). If the Director of
Budget and Management approves the estimated costs, the Director may
release appropriations from Fund 7031 appropriation item C725E5,
Project Planning, for those purposes. Upon release of the
appropriations, the Department of Natural Resources shall pay for
these expenses from the Capital Expenses Fund (Fund 4S90). Expenses
paid from Fund 4S90 shall be reimbursed by Fund 7031 using an
intrastate transfer voucher.

PARKS
AND RECREATION

The
foregoing appropriation item 7256A6, Parks and Recreation, shall be
used in conjunction with appropriation item 730321, Parks and
Recreation, to support the Division of Parks and Watercraft.

PARK
MAINTENANCE

The
foregoing appropriation item 725514, Park Maintenance, shall be used
by the Department of Natural Resources to pay the costs of projects
supported by the State Park Maintenance Fund (Fund 5TD0) under
section 1501.08 of the Revised Code.

On
July 1 of each fiscal year or as soon as possible thereafter, the
Director of Natural Resources shall certify the amount of five
percent of the average of the previous five years of deposits in the
State Park Fund (Fund 5120) to the Director of Budget and Management.
The Director of Budget and Management may transfer up to $2,200,000
from Fund 5120 to the State Park Maintenance Fund (Fund 5TD0).

Section
343.50.
CLEAN
OHIO TRAIL OPERATING EXPENSES

The
foregoing appropriation item 725405, Clean Ohio Trail Operating,
shall be used by the Department of Natural Resources in administering
Clean Ohio Trail Fund (Fund 7061) projects pursuant to section
1519.05 of the Revised Code.

Section
343.60.
(A)
As used in this section:

(1)
"Locally administer" means to supervise the design and
construction of, and make contracts for the construction,
reconstruction, improvement, enlargement, alteration, repair, or
decoration of a capital facility project without the assistance of
the Ohio Facilities Construction Commission.

(2)
"Capital facility project" means any activities, projects,
or improvements described in division (B)(1) of section 1501.011 of
the Revised Code. "Capital facility project" does not
include the construction of a new facility, structure, or lodge.

(B)
Notwithstanding section 123.21 of the Revised Code or any other
provision of law to the contrary, for fiscal years 2026 and 2027, the
Department of Natural Resources may locally administer any capital
facility project commenced within those fiscal years, regardless of
estimated cost.

(C)
The Department shall do both of the following regarding a capital
facility project that is locally administered:

(1)
Comply with the applicable procedures and guidelines established in
Chapter 153. of the Revised Code;

(2)
Track all project information in the Ohio Administrative Knowledge
System capital improvements application pursuant to Ohio Facilities
Construction Commission guidelines as though the Department is
administering the project pursuant to section 123.211 of the Revised
Code and all generally applicable laws.

(D)
Nothing in this section interferes with the powers of the Department
of Natural Resources authorized in Chapter 1501. of the Revised Code.

Section
345.10.

1

2

3

4

5

A

NUR
STATE BOARD OF NURSING

B

Dedicated
Purpose Fund Group

C

4K90

884609

Operating
Expenses

$13,033,034

$13,491,425

D

5AC0

884602

Nurse
Education Grant Program

$1,350,000

$1,350,000

E

Dedicated
Purpose Fund Group Total

$14,383,034

$14,841,425

F

TOTAL
ALL BUDGET FUND GROUPS

$14,383,034

$14,841,425

Section
347.10.

1

2

3

4

5

A

PYT
OCCUPATIONAL THERAPY, PHYSICAL THERAPY, AND ATHLETIC TRAINERS
BOARD

B

Dedicated
Purpose Fund Group

C

4K90

890609

Operating
Expenses

$1,352,852

$1,434,859

D

Dedicated
Purpose Fund Group Total

$1,352,852

$1,434,859

E

TOTAL
ALL BUDGET FUND GROUPS

$1,352,852

$1,434,859

Section
353.10.

1

2

3

4

5

A

OOD
OPPORTUNITIES FOR OHIOANS WITH DISABILITIES AGENCY

B

General
Revenue Fund

C

GRF

415402

Independent
Living Council

$252,000

$252,000

D

GRF

415406

Assistive
Technology

$26,000

$26,000

E

GRF

415431

Brain
Injury

$800,000

$800,000

F

GRF

415506

Services
for Individuals with Disabilities

$39,015,000

$39,015,000

G

GRF

415508

Services
for the Deaf

$527,000

$527,000

H

GRF

415511

Centers
for Independent Living

$1,500,000

$1,500,000

I

GRF

415512

Visually
Impaired Reading Services

$50,000

$50,000

J

GRF

415513

Accessible
Ohio

$1,000,000

$1,000,000

K

GRF

415515

DeafBlind
Fund

$200,000

$200,000

L

General
Revenue Fund Total

$43,370,000

$43,370,000

M

Dedicated
Purpose Fund Group

N

4670

415609

Business
Enterprise Operating Expenses

$913,127

$918,806

O

4680

415618

Third
Party Services Funding

$3,725,233

$3,725,233

P

4L10

415619

Services
for Rehabilitation

$2,000,000

$2,000,000

Q

Dedicated
Purpose Fund Group Total

$6,638,360

$6,644,039

R

Internal
Service Activity Fund Group

S

4W50

415606

Program
Management

$17,083,462

$17,539,339

T

Internal
Service Activity Fund Group Total

$17,083,462

$17,539,339

U

Federal
Fund Group

V

3170

415620

Disability
Determination

$88,981,907

$90,733,204

W

3790

415616

Federal-Vocational
Rehabilitation

$170,000,000

$175,100,000

X

3GH0

415602

Personal
Care Assistance

$3,995,399

$4,017,337

Y

3GH0

415604

Community
Centers for the Deaf

$772,420

$772,420

Z

3GH0

415613

Independent
Living

$2,737,411

$2,737,411

AA

3GH0

415627

Independent
Living Projects

$100,000

$100,000

AB

3IL0

415629

Works4Me
Disability Innovation Fund Grant

$2,300,000

$2,300,000

AC

3L40

415615

Federal-Supported
Employment

$1,200,000

$1,200,000

AD

3L40

415617

Independent
Living Older Blind

$2,567,746

$2,908,622

AE

Federal
Fund Group Total

$272,654,883

$279,868,994

AF

TOTAL
ALL BUDGET FUND GROUPS

$339,746,705

$347,422,372

Section
353.20.
INDEPENDENT
LIVING

The
foregoing appropriation item 415402, Independent Living Council,
shall be provided to the Ohio Statewide Independent Living Council to
support its operations under the State Plan for Independent Living.

Of
the foregoing appropriation item 415511, Centers for Independent
Living, the amount needed in each fiscal year for state matching
funds for the Federal Independent Living Grant shall be provided to
support the state independent living programs and centers under Title
VII of the federal "Rehabilitation Act of 1973," 29 U.S.C.
701, et seq., as amended by the Rehabilitation Act Amendments of 1992
and known as the federal Independent Living Services and Centers for
Independent Living.

Of
the foregoing appropriation item 415511, Centers for Independent
Living, up to $1,355,608 in each fiscal year may be used as state
matching funds to provide vocational rehabilitation services to
Ohioans with disabilities.

Of
the foregoing appropriation item 415511, Centers for Independent
Living, $74,124 in each fiscal year shall be used as state matching
funds for vocational rehabilitation innovation and expansion
activities.

The
foregoing appropriation item 415613, Independent Living, shall be
used to support the operations of the Centers for Independent Living
in accordance with the State Plan for Independent Living.

ASSISTIVE
TECHNOLOGY

The
foregoing appropriation item 415406, Assistive Technology, shall be
provided to Assistive Technology of Ohio to provide grants and
assistive technology services for people with disabilities in the
state of Ohio.

BRAIN
INJURY

Of
the foregoing appropriation item 415431, Brain Injury, $450,000 in
each fiscal year shall be provided to The Ohio State University
College of Medicine to support the Brain Injury Program established
under section 3335.60 of the Revised Code.

The
remainder of appropriation item 415431, Brain Injury, shall be
provided to the Brain Injury Association of Ohio for direct services
and supports for brain injury survivors and caregivers.

SERVICES
FOR THE DEAF

The
foregoing appropriation item 415508, Services for the Deaf, shall be
used to support community centers for the deaf.

VISUALLY
IMPAIRED READING SERVICES

The
foregoing appropriation item 415512, Visually Impaired Reading
Services, shall be used to support VOICEcorps Reading Services to
provide reading services for blind individuals.

DEAFBLIND
FUND

The
foregoing appropriation item 415515, DeafBlind Fund, shall be
distributed to the Columbus Speech and Hearing Center for the
recruitment and training of support service providers and to connect
support service providers with DeafBlind individuals.

SIGHT
CENTERS

Of
the foregoing appropriation item 415617, Independent Living Older
Blind, $30,000 in each fiscal year shall be used to contract in equal
amounts with the Cleveland Sight Center, the Cincinnati Association
for the Blind and Visually Impaired, and the Sight Center of
Northwest Ohio to provide outreach to the community of individuals
with blindness or low vision.

Section
361.10.

1

2

3

4

5

A

PEN
PENSION SUBSIDIES

B

General
Revenue Fund

C

GRF

090524

Police
and Fire Disability Pension Fund

$300

$300

D

GRF

090534

Police
and Fire Ad Hoc Cost of Living

$14,000

$14,000

E

GRF

090554

Police
and Fire Survivor Benefits

$138,000

$138,000

F

GRF

090575

Police
and Fire Death Benefits

$40,000,000

$40,000,000

G

General
Revenue Fund Total

$40,152,300

$40,152,300

H

TOTAL
ALL BUDGET FUND GROUPS

$40,152,300

$40,152,300

Section
361.20.
POLICE
AND FIRE DEATH BENEFIT FUND

The
foregoing appropriation item 090575, Police and Fire Death Benefits,
shall be disbursed quarterly by the Treasurer of State at the
beginning of each quarter of each fiscal year to the Board of
Trustees of the Ohio Police and Fire Pension Fund, which serves as
trustees of the Ohio Public Safety Officers Death Benefit Fund
pursuant to section 742.62 of the Revised Code. The Treasurer of
State shall certify such amounts quarterly to the Director of Budget
and Management. By the twentieth day of June of each fiscal year, the
Board of Trustees shall certify to the Treasurer of State the amount
disbursed in the current fiscal year to make the payments required by
sections 124.824 and 742.63 of the Revised Code and shall return to
the Treasurer of State moneys received from this appropriation item
but not disbursed.

Notwithstanding
any provision of section 124.824 of the Revised Code to the contrary,
for each death benefit fund recipient who participates in health,
medical, hospital, dental, surgical, or vision benefits under section
124.824 of the Revised Code, the Board of Trustees of the Ohio Police
and Fire Pension Fund shall forward as a pass-through from the
revenue received from the foregoing appropriation item 090575, Police
and Fire Death Benefits, the percentage of the cost for the
applicable benefits that would be paid by a state employer for a
state employee who elects that coverage and any applicable
administrative costs, which shall not exceed two per cent of the
total cost of the benefits. The Board of Trustees shall also withhold
from the benefits paid to a death benefit fund recipient under
section 742.63 of the Revised Code the percentage of the cost for
such benefits that would be paid by a state employee, and forward the
withheld amounts to the Department of Administrative Services from
the revenue received from the foregoing appropriation item 090575,
Police and Fire Death Benefits.

In
fiscal year 2026 or 2027, if it is determined by the Director of
Administrative Services, in consultation with the Chairperson of the
Board of Trustees of the Ohio Police and Fire Pension Fund, or
designee, that additional amounts are necessary to pay the cost of
providing benefits under section 124.824 or 742.63 of the Revised
Code, the Director of Administrative Services may certify the
additional amount necessary to the Director of Budget and Management.
The amount certified is hereby appropriated.

Section
363.10.

1

2

3

4

5

A

UST
PETROLEUM UNDERGROUND STORAGE TANK RELEASE COMPENSATION BOARD

B

Dedicated
Purpose Fund Group

C

6910

810632

Petroleum
Underground Storage Tank Release Compensation Board - Operating

$1,778,594

$1,910,092

D

Dedicated
Purpose Fund Group Total

$1,778,594

$1,910,092

E

TOTAL
ALL BUDGET FUND GROUPS

$1,778,594

$1,910,092

Section
367.10.

1

2

3

4

5

A

PRX
STATE BOARD OF PHARMACY

B

Dedicated
Purpose Fund Group

C

4A50

887605

Drug
Law Enforcement

$50,000

$50,000

D

4K90

658605

OARRS
Integration - State

$207,657

$208,860

E

4K90

887609

Operating
Expenses

$13,773,784

$14,491,459

F

5SG0

887612

Drug
Database

$2,826,000

$2,865,000

G

Dedicated
Purpose Fund Group Total

$16,857,441

$17,615,319

H

Federal
Fund Group

I

3HD0

887614

Pharmacy
Federal Grants

$2,094,643

$2,111,622

J

3HH0

658601

OARRS
Integration - Federal

$642,117

$645,729

K

Federal
Fund Group Total

$2,736,760

$2,757,351

L

TOTAL
ALL BUDGET FUND GROUPS

$19,594,201

$20,372,670

Section
367.20.
CASH
TRANSFER FROM THE MEDICAL MARIJUANA CONTROL PROGRAM FUND TO THE DRUG
DATABASE FUND

Upon
the request of the Executive Director of the State Board of Pharmacy,
the Director of Budget and Management may transfer up to $2,745,500
in cash in each fiscal year from the Medical Marijuana Control
Program Fund (Fund 5SY0), used by the Department of Commerce, to the
Drug Database Fund (Fund 5SG0), used by the State Board of Pharmacy.

Section
369.10.

1

2

3

4

5

A

PSY
STATE BOARD OF PSYCHOLOGY

B

Dedicated
Purpose Fund Group

C

4K90

882609

Operating
Expenses

$975,010

$1,011,722

D

Dedicated
Purpose Fund Group Total

$975,010

$1,011,722

E

TOTAL
ALL BUDGET FUND GROUPS

$975,010

$1,011,722

Section
371.10.

1

2

3

4

5

A

PUB
OHIO PUBLIC DEFENDER COMMISSION

B

General
Revenue Fund

C

GRF

019401

State
Legal Defense Services

$13,227,100

$13,467,000

D

GRF

019406

Northwest
Regional Hub Support

$3,350,000

$3,350,000

E

GRF

019501

County
Reimbursement

$173,719,360

$178,930,940

F

General
Revenue Fund Total

$190,296,460

$195,747,940

G

Dedicated
Purpose Fund Group

H

1010

019607

Juvenile
Legal Assistance

$217,456

$223,980

I

4060

019603

Training
and Publications

$75,000

$75,000

J

4070

019604

County
Representation

$375,000

$375,000

K

4080

019605

Client
Payments

$800,000

$800,000

L

4C70

019601

Multi-County:
County Share

$594,900

$624,300

M

4N90

019613

Gifts
and Grants

$13,400

$13,400

N

5740

019606

Civil
Legal Aid

$37,000,000

$33,000,000

O

5CX0

019617

Civil
Case Filing Fee

$620,000

$620,000

P

5DY0

019618

Indigent
Defense Support - County Share

$22,908,000

$22,908,000

Q

5DY0

019619

Indigent
Defense Support - State Office

$4,692,000

$4,692,000

R

Dedicated
Purpose Fund Group Total

$67,295,756

$63,331,680

S

Federal
Fund Group

T

3IQ0

019626

Reforming
Reentry Program

$350,000

$85,321

U

3S80

019608

Federal
Representation

$38,300

$38,300

V

Federal
Fund Group Total

$388,300

$123,621

W

TOTAL
ALL BUDGET FUND GROUPS

$257,980,516

$259,203,241

Section
371.20.
STATE
LEGAL DEFENSE SERVICES

Of
the foregoing appropriation item 019401, State Legal Defense
Services, up to $50,000 in each fiscal year shall be used by the Ohio
Public Defender to provide legal training programs at no cost for
private appointed counsel who represent at least one indigent
defendant at no cost and for state and county public defenders and
attorneys who contract with the Ohio Public Defender to provide
indigent defense services.

INDIGENT
DEFENSE SUPPORT

The
foregoing appropriation item 019501, County Reimbursement, shall be
used to reimburse counties for the costs of operating county public
defender offices, joint county public defender offices and county
appointed counsel systems, the counties' costs and expenses of
conducting the defense in capital cases, the counties' costs and
expenses of appointed counsel covered by section 2941.51 of the
Revised Code, and the costs and expenses of contracting with the
state public defender or with any nonprofit organization to provide
legal representation to indigent persons.

CASH
TRANSFER FROM THE GENERAL REVENUE FUND TO THE LEGAL AID FUND

On
July 1 of each fiscal year, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $1,000,000 cash from
the General Revenue Fund to the Legal Aid Fund (Fund 5740). The
transferred cash shall be distributed by the Ohio Access to Justice
Foundation to Ohio's civil legal aid societies as follows: $500,000
in each fiscal year for the sole purpose of providing legal services
for economically disadvantaged individuals and families seeking
assistance with legal issues arising as a result of substance abuse
disorders, and $250,000 in each fiscal year for the sole purpose of
providing legal services for veterans. None of the funds shall be
used for administrative costs, including, but not limited to,
salaries, benefits, or travel reimbursements.

FEDERAL
REPRESENTATION

The
foregoing appropriation item 019608, Federal Representation, shall be
used to support representation provided by the Ohio Public Defender
in federal court cases.

COUNTY
INDIGENT DEFENSE BUDGETS

Not
later than July 31, 2026, each county through its county commission
shall submit a biannual indigent defense cost projection report to
the Ohio Public Defender. The report shall contain data on the most
current projected costs of the indigent defense services in the
county for the next two upcoming state fiscal years at the time of
submission.

Section
371.30.
NORTHWEST
REGIONAL HUB

(A)
In fiscal year 2026 and fiscal year 2027, the Ohio Public Defender
shall create the Northwest Regional Hub pilot program to provide
indigent defense services in the counties that elect to join, in lieu
of managing those services directly and applying for reimbursement.

(B)
The following counties may elect to participate in the Northwest
Regional Hub, and no other counties are permitted to participate:

(1)
Allen County;

(2)
Hardin County;

(3)
Putnam County.

(C)
On or after the effective date of this section, any county listed in
division (B) of this section may elect, by resolution, to become part
of the Northwest Regional Hub and thereby transfer administration of
the county's indigent defense system to the Ohio Public Defender for
the period of the pilot program.

(D)
If a county elects to become part of the Northwest Regional Hub and
transfer indigent defense services to the Ohio Public Defender
pursuant to this section, the Ohio Public Defender shall assume
responsibility for representation of indigent persons in the
proceedings set forth in division (A) of section 120.16 of the
Revised Code, to the extent that representation is not provided by
outside counsel in accordance with section 120.33 of the Revised
Code.

(E)(1)
The Ohio Public Defender shall consult with the county commissioners,
judiciary, and local attorneys in counties that have opted to
participate in the Northwest Regional Hub to determine the number of
indigent defense cases the public defender will handle directly.

(2)
Except as provided in division (E)(4) of this section, in a county
that elects to participate in the Northwest Regional Hub, the Ohio
Public Defender shall provide direct representation to indigent
defendants in not more than eighty per cent of indigent defense
cases.

(3)
In cases where the Ohio Public Defender does not provide direct
representation, the court shall appoint counsel in accordance with
section 120.33 of the Revised Code.

(4)
If the Ohio Public Defender, in consultation with the county
commissioners, judiciary, and local attorneys, determines that there
is insufficient local counsel available to fill an appointment under
division (E)(3) of this section, the Ohio Public Defender shall
provide direct representation in the case.

(F)
A county that wishes to withdraw from the Northwest Regional Hub and
resume responsibility for the delivery of indigent defense services
shall do all of the following:

(1)
Hold a public meeting regarding the withdrawal and provide notice to
all of the following, seven or more days before the meeting:

(a)
The local bar association;

(b)
Every judge serving in the county;

(c)
The county prosecutor;

(d)
The county public defender;

(e)
Every attorney who is on the court's roster for appointment to
provide indigent defense in accordance with section 120.33 of the
Revised Code.

(2)
Provide the Ohio Public Defender with a copy of the resolution
electing to withdraw.

(G)
When a county transfers indigent defense services to the Ohio Public
Defender pursuant to this section, and the transferring county
operates a county public defender office at the time of the transfer,
the employees of the transferring county public defender may be
appointed as employees of the Ohio Public Defender as the Ohio Public
Defender determines to be necessary for successful implementation of
this section.

(H)
Notwithstanding any provision of law to the contrary, the Ohio Public
Defender may, in consultation with the Director of Administrative
Services, do either of the following:

(1)
Assign any employee of the transferring county to a classification
that is not subject to Chapter 4117. of the Revised Code and do both
of the following for such an employee:

(a)
Assign the employee to the appropriate compensation, classification,
step placement, and step advancement;

(b)
Determine appropriate service credit for purposes of vacation and
longevity.

(2)
Assign any employee of the transferring county to a bargaining unit
classification that is subject to Chapter 4117. of the Revised Code
if the Ohio Public Defender and the Department of Administrative
Services determine that the bargaining unit classification is the
proper classification for that employee.

(I)
Notwithstanding any provision of law to the contrary, employees of a
transferring county may be eligible for any state benefit plan
administered by the Department of Administrative Services with
coverage commencing as determined by the Director of Administrative
Services.

(J)
Actions taken by the Ohio Public Defender and the Director of
Administrative Services pursuant to this section are not subject to
appeal to the State Personnel Board of Review.

NORTHWEST
REGIONAL HUB SUPPORT

The
foregoing appropriation item 019406, Northwest Regional Hub Support,
shall be used by the Ohio Public Defender to pay for all the costs of
providing indigent defense services in counties that have transferred
administration of those services pursuant to this section. Expenses
may include the cost of operating public defender offices,
reimbursement of expenses of court appointed counsel, and other
associated costs of providing legal representation to indigent
persons as covered by section 120.04 of the Revised Code.

Section
373.10.

1

2

3

4

5

A

DPS
DEPARTMENT OF PUBLIC SAFETY

B

General
Revenue Fund

C

GRF

761403

Recovery
Ohio Law Enforcement

$0

$3,250,000

D

GRF

761411

Ohio
Narcotics Intelligence Center

$0

$7,050,000

E

GRF

763403

EMA
Operating

$8,931,000

$9,102,000

F

GRF

763513

Security
Grants

$8,500,000

$8,500,000

G

GRF

765401

Emergency
Medical Services Operating

$5,572,851

$5,843,030

H

GRF

767420

Investigative
Unit Operating

$16,554,073

$14,718,860

I

GRF

768425

Justice
Program Services

$19,695,430

$19,875,918

J

GRF

768435

Community
Police Relations

$2,445,800

$2,607,939

K

GRF

769406

Homeland
Security - Operating

$4,946,000

$5,046,000

L

GRF

769407

Driver
Safety

$6,425,545

$6,458,591

M

GRF

769412

Ohio
School Safety Center

$8,963,284

$9,367,524

N

General
Revenue Fund Total

$82,033,983

$91,819,862

O

Highway
Safety Fund Group

P

5TM0

762321

Operating
Expense - BMV

$128,500,000

$129,645,783

Q

5TM0

762637

Local
Immobilization Reimbursement

$87,000

$90,000

R

5TM0

764321

Operating
Expense - Highway Patrol

$404,019,560

$416,140,146

S

5TM0

764605

Motor
Carrier Enforcement Expenses

$709,000

$730,000

T

5TM0

769636

Administrative
Expenses - Highway Purposes

$56,062,283

$58,959,468

U

8370

764602

Turnpike
Policing

$13,652,000

$14,117,000

V

83C0

764630

Contraband,
Forfeiture, and Other

$500,000

$500,000

W

83F0

764657

Law
Enforcement Automated Data System

$6,216,213

$6,380,428

X

83G0

764633

OMVI
Enforcement/Education

$156,727

$157,703

Y

83M0

765640

EMS
Grants

$2,900,000

$2,900,000

Z

8400

764607

State
Fair Security

$1,788,386

$1,842,038

AA

8400

764617

Security
and Investigations

$14,376,926

$14,808,233

AB

8400

764626

State
Fairgrounds Police Force

$1,031,556

$1,062,502

AC

8460

761625

Motorcycle
Safety Education

$4,215,000

$4,220,000

AD

8490

762627

Automated
Title Processing Board

$11,000,000

$10,950,000

AE

8490

762630

Electronic
Liens and Titles

$2,008,000

$2,008,000

AF

Highway
Safety Fund Group Total

$647,222,651

$664,511,301

AG

Dedicated
Purpose Fund Group

AH

4P60

768601

Justice
Program Services

$95,000

$100,000

AI

4V30

763662

EMA
Service and Reimbursements

$559,000

$562,000

AJ

5330

763601

State
Disaster Relief

$1,000,000

$1,000,000

AK

5390

762614

Motor
Vehicle Dealers Board

$140,000

$140,000

AL

5AZ1

761680

eWarrant
Local Integration

$1,390,000

$1,405,000

AM

5B90

766632

Private
Investigator and Security Guard Provider

$2,134,000

$2,203,000

AN

5BC1

769638

Ohio
School Safety and Security Center Training Fees

$100,000

$100,000

AO

5BK0

768687

Criminal
Justice Services - Operating

$770,000

$795,000

AP

5BK0

768689

Family
Violence Shelter Programs

$1,550,000

$1,550,000

AQ

5ET0

768625

Drug
Law Enforcement

$3,750,000

$3,750,000

AR

5FF0

762621

Indigent
Interlock and Alcohol Monitoring

$1,400,000

$1,400,000

AS

5LM0

768698

Criminal
Justice Services Law Enforcement Support

$850,000

$850,000

AT

5ML0

769635

Infrastructure
Protection

$89,000

$91,000

AU

5RH0

767697

OIU
Special Projects

$750,000

$750,000

AV

5TZ0

761682

Recovery
Ohio Law Enforcement

$6,500,000

$3,250,000

AW

5TZ0

761683

Ohio
Narcotics Intelligence Center

$13,200,000

$6,750,000

AX

5Y10

764695

State
Highway Patrol Continuing Professional Training

$148,000

$148,000

AY

5Y10

767696

Ohio
Investigative Unit Continuing Professional Training

$10,000

$10,000

AZ

6220

767615

Investigative,
Contraband, and Forfeiture

$61,000

$61,000

BA

6570

763652

Utility
Radiological Safety

$1,420,000

$1,467,000

BB

6810

763653

SARA
Title III Hazmat Planning

$400,000

$331,000

BC

Dedicated
Purpose Fund Group Total

$36,316,000

$26,713,000

BD

Fiduciary
Fund Group

BE

5J90

761678

Federal
Salvage/GSA

$600,000

$600,000

BF

5V10

762682

License
Plate Contributions

$2,900,000

$3,000,000

BG

Fiduciary
Fund Group Total

$3,500,000

$3,600,000

BH

Holding
Account Fund Group

BI

R024

762619

Unidentified
Motor Vehicle Receipts

$1,641,000

$1,641,000

BJ

R052

762623

Security
Deposits

$50,000

$50,000

BK

Holding
Account Fund Group Total

$1,691,000

$1,691,000

BL

Federal
Fund Group

BM

3370

763515

COVID
Relief - Federal

$150,000,000

$150,000,000

BN

3370

763609

Federal
Disaster Relief

$73,500,000

$73,500,000

BO

3FP0

767620

Ohio
Investigative Unit Justice Contraband

$10,000

$10,000

BP

3GL0

768619

Justice
Assistance Grants

$10,000,000

$10,000,000

BQ

3GR0

764693

Highway
Patrol Justice Contraband

$227,000

$227,000

BR

3GS0

764694

Highway
Patrol Treasury Contraband

$80,000

$80,000

BS

3GT0

767691

Investigative
Unit Federal Equity Share

$100,000

$100,000

BT

3GU0

761610

Information
and Education Grant

$435,000

$435,000

BU

3GU0

764608

Fatality
Analysis Report System Grant

$175,000

$175,000

BV

3GU0

764610

Highway
Safety Programs Grant

$5,226,000

$5,333,000

BW

3GU0

764659

Motor
Carrier Safety Assistance Program Grant

$11,242,000

$11,582,000

BX

3GU0

769610

Investigations
Grants - Food Stamps, Liquor, and Tobacco Laws

$1,000,000

$1,000,000

BY

3GU0

769631

Homeland
Security Disaster Grants

$1,500,000

$1,500,000

BZ

3GV0

761612

Traffic
Safety Action Plan Grant

$31,625,000

$31,685,000

CA

3L50

768604

Justice
Program

$25,000,000

$25,000,000

CB

Federal
Fund Group Total

$310,120,000

$310,627,000

CC

TOTAL
ALL BUDGET FUND GROUPS

$1,080,883,634

$1,098,962,163

Section
373.20.
RECOVERY
OHIO LAW ENFORCEMENT

The
foregoing appropriation item 761682, Recovery Ohio Law Enforcement,
shall be used in conjunction with appropriation item 761403, Recovery
Ohio Law Enforcement, to support the RecoveryOhio Initiative.

Of
the foregoing appropriation items 761682, Recovery Ohio Law
Enforcement, and 761403, Recovery Ohio Law Enforcement, a total of up
to $3,400,000 in each fiscal year may be used by the Office of
Criminal Justice Services to support local law enforcement narcotics
task forces that focus on cartel trafficking interdiction. The
interdiction task forces shall be designated Ohio Organized Crime
Commission task forces subject to approval and supervision of the
Commission. This earmarked amount may also be used to provide funding
to local law enforcement agencies, the Commission for task
force-related equipment purchases, and for operating expenses of the
Office of Criminal Justice Services related to the narcotics
interdiction task force program.

Of
the foregoing appropriation items 761682, Recovery Ohio Law
Enforcement, and 761403, Recovery Ohio Law Enforcement, a total of up
to $2,500,000 in each fiscal year may be used by the Office of
Criminal Justice Services for Ohio's narcotics task forces in order
to build new and strengthen existing partnerships with local law
enforcement. This earmarked amount may also be used to provide
funding to local law enforcement agencies and for operating expenses
of the Office of Criminal Justice Services related to the Ohio
narcotics task force program.

Of
the foregoing appropriation items 761682, Recovery Ohio Law
Enforcement, and 761403, Recovery Ohio Law Enforcement, a total of up
to $600,000 in each fiscal year may be used to partner with the
Office of Information Technology in the Department of Administrative
Services to enhance and maintain a uniform records management and
data intelligence system, and provide case management, collaboration,
data sharing, and data analytics tools for Ohio narcotics task forces
and law enforcement agencies.

OHIO
NARCOTICS INTELLIGENCE CENTER

The
foregoing appropriation item 761683, Ohio Narcotics Intelligence
Center, shall be used in conjunction with appropriation item 761411,
Ohio Narcotics Intelligence Center, to support the Ohio Narcotics
Intelligence Center.

EMERGENCY
MEDICAL SERVICES OPERATING

Of
the foregoing appropriation item 765401, Emergency Medical Services
Operating, $75,000 in each fiscal year shall be distributed to the
Ohio Mortuary Operational Response Team headquarters in Montgomery
County for maintenance and training.

Section
373.30.
SECURITY
GRANTS

(A)
The foregoing appropriation item 763513, Security Grants, may be used
to make competitive grants to be used over a two-year period of up to
$125,000 to nonprofit organizations, houses of worship, chartered
nonpublic schools, and licensed preschools for all of the following
purposes:

(1)
Eligible security improvements that assist the organization in
preventing, preparing for, or responding to acts of terrorism,
including services performed by the Ohio Department of Transportation
related to line of sight security needs;

(2)
Acquiring or retaining the services of a resource officer, special
duty police officer, or licensed armed security guards, including the
training, licensing, or certification of resource officers, and
training or recommissioning of retired officers and military service
members who are transitioning to a civilian career;

(3)
The lease or purchase of qualified equipment, including equipment for
emergency and crisis communication, crisis management, or trauma and
crisis response to assist in preventing, preparing for, or responding
to acts of terrorism;

(4)
Placing the qualified equipment at alternative locations that are off
the premises belonging to the grantee, provided that the grantee
receives prior permission from any appropriate county, municipal
corporation, local law enforcement agency, local emergency management
agency, or local transportation agency, as applicable;

(5)
Funding coordinated training between law enforcement,
counterterrorism agencies, and emergency responders on either the
premises of a nonprofit corporation or through community-wide
training efforts;

(6)
Continuing coverage of costs that were authorized and paid for by a
grant issued previously to the grantee in accordance with this
section in previous bienniums under the program.

(B)(1)
In addition to the purposes listed in division (A) of this section, a
nonprofit organization that serves a broad community or geographic
area may apply for and receive grants to provide antiterrorism
related services for its serviced community or area, including
providing armed security personnel. Prior to receiving a grant under
division (B) of this section, the nonprofit organization shall
provide the Emergency Management Agency with any appropriate
compliance documentation. The Agency shall establish what compliance
documentation is required prior to issuing grants under this
division.

(2)
If more than one nonprofit organization is located at the same
address listed on the application, each nonprofit organization may
apply for the full amount of a grant issued under this section. Each
nonprofit organization shall explain in its application how it will
use the grant money to address a different vulnerability than the
other applicant nonprofit organizations that are located at the same
address.

(C)
The Emergency Management Agency shall administer and award the grants
described in division (B) of this section. The Agency shall establish
procedures and forms by which applicants may apply for a grant, a
competitive process for ranking applicants and awarding the grants,
and procedures for distributing grants to recipients. The procedures
shall require each applicant to do all of the following:

(1)
Identify and substantiate prior threats or attacks by a terrorist
organization, network, or cell against the nonprofit organization,
house of worship, chartered nonpublic school, or licensed preschool;

(2)
Indicate the symbolic or strategic value of one or more sites that
renders the site a possible target of terrorism;

(3)
Discuss potential consequences to the organization if the site is
damaged, destroyed, or disrupted by a terrorist;

(4)
Describe how the grant will be used to integrate organizational
preparedness with broader state and local preparedness efforts;

(5)
Submit either a vulnerability assessment conducted by experienced
security, law enforcement, or military personnel, or a credible
intelligence and threat analysis from one or more qualified homeland
security, counterintelligence, or anti-terrorism experts, and a
description of how the grant will be used to address the
vulnerabilities identified in the assessment.

The
Agency shall consider all of the above factors in evaluating grant
applications. The grantee shall have twenty-four months from the date
of the first disbursement to meet program requirements. The Agency
shall include information about the grants and the application
process on its web site.

(6)
The Emergency Management Agency may prioritize a portion of funding,
but not more than $1,000,000 in each fiscal year, for innovative
community-public safety partnerships addressing counterterrorism
prevention, provided the grantee is eligible to receive the grant as
a nonprofit organization that is at risk of terror attack.

(D)
The Emergency Management Agency may use up to $1,000,000 in each
fiscal year for community police partnerships that focus on
collaboration, increased efficiencies, or otherwise assisting both a
nonprofit organization and one or more law enforcement, emergency
management, or homeland security agencies to serve and protect
at-risk nonprofit organizations.

(E)
Any grant submission described in division (I) of section 3313.536 of
the Revised Code or section 149.433 of the Revised Code is not a
public record under section 149.43 of the Revised Code and is not
subject to mandatory release or disclosure under that section.

(F)
The Emergency Management Agency may use up to two and one-half per
cent of the total amount appropriated to administer the program, a
portion of which may be used to pay costs incurred by the Department
of Public Safety to provide security-related or specialized
assistance in reviewing vulnerability assessments and prioritizing
grant applications.

(G)
As used in this section:

(1)
"Eligible security improvements" means any of the
following:

(a)
Physical security enhancement equipment or inspection and screening
equipment included on the Authorized Equipment List published by the
United States Department of Homeland Security;

(b)
Attendance fees and associated materials, supplies, and equipment
costs for security-related training courses and programs regarding
the protection of critical infrastructure and key resources, physical
and cyber security, target hardening, or terrorism awareness or
preparedness. Personnel and travel costs associated with training
shall not be considered an eligible expense of the grant;

(c)
The purchase, upgrade, or maintenance of high-speed internet for
those utilizing it for security purposes.

(2)
"Nonprofit organization" means a corporation, association,
group, institution, society, or other organization that is exempt
from federal income taxation under section 501(c)(3) of the "Internal
Revenue Code of 1986," 26 U.S.C. 501(c)(3), as amended.

(3)
"Resource officer" means any law enforcement officer of an
accredited local law enforcement agency providing special duty
services in a school setting to create or maintain a safe, secure,
and orderly environment. A resource officer may include a special
duty police officer, off-duty police officer, deputy sheriff, or
other peace officer of the applicable local law enforcement agency in
which the chartered nonpublic school or licensed preschool is located
or qualifying personnel of an accredited local law enforcement agency
for any jurisdiction in this state.

(4)
"Terrorism" means any act taken by a group or individual
used to intimidate or coerce a nonprofit organization, house of
worship, chartered nonpublic school, or licensed preschool, its
employees, and anyone who is or in the future may be associated with
it, as well as their families; to influence the policy of the
nonprofit organization, house of worship, chartered nonpublic school,
or licensed preschool; and to affect the conduct of the nonprofit
organization, house of worship, chartered nonpublic school, or
licensed preschool.

(H)
Notwithstanding division (A) of this section, of the foregoing
appropriation item 763513, Security Grants, $300,000 in fiscal year
2026 shall be used to award competitive grants to chartered nonpublic
schools for school resource officer or special duty officer programs.
The grant period shall last for two years and preference shall be
given to those institutions that can show a high risk of terror
attack.

JUSTICE
PROGRAM SERVICES

Of
the foregoing appropriation item 768425, Justice Program Services, up
to $5,000,000 in each fiscal year shall be used by the Office of
Criminal Justice Services to administer and distribute grants to
state and local law enforcement agencies to implement or enhance
body-worn camera programs.

Of
the foregoing appropriation item 768425, Justice Program Services, up
to $4,531,000 in each fiscal year shall be used by the Office of
Criminal Justice Services to support anti-human trafficking efforts
in the areas of prosecution, victim services to specifically include
assistance for child victims, and prevention and policy to implement
the priorities of the Governor's Ohio Human Trafficking Task Force.

Of
the foregoing appropriation item 768425, Justice Program Services, up
to $4,000,000 in each fiscal year shall be used by the Office of
Criminal Justice Services to administer and distribute grants to
state and local law enforcement agencies to assist local communities
in reducing and preventing crime through the use of promising or
proven crime reduction strategies. The use of the grants includes,
but is not limited to, overtime, equipment, technical assistance, and
analytical support to implement crime reduction strategies.

Of
the foregoing appropriation item 768425, Justice Program Services, up
to $2,200,000 in each fiscal year shall be used to support state and
local law enforcement agencies in the recruitment, hiring, and
training of qualified individuals to serve as peace officers; to
support state and local first responder agencies in mental, physical,
and emotional wellness; and to administer and distribute grants to
state and local first responder agencies to assist in recruitment,
retention, and wellness of their workforce. Of these funds,
$1,200,000 in each fiscal year shall be distributed as follows:

(A)
$500,000 in each fiscal year to First Responders' Bridge to pay for
their programs supporting first responders suffering from Post
Traumatic Stress Disorder, depression, anxiety, and other mental
health conditions;

(B)
$500,000 in each fiscal year to Save A Warrior Foundation to pay for
their programs supporting first responders suffering from Post
Traumatic Stress Disorder, depression, anxiety, and other mental
health conditions; and

(C)
$200,000 in each fiscal year to Tri-State Peer Support Team to pay
the administrative costs of providing peer support and mental health
services for first responders and related program development.

Of
the foregoing appropriation item 768425, Justice Program Services, up
to $1,000,000 in each fiscal year shall be used by the Office of
Criminal Justice Services to distribute grants to state and/or local
law enforcement to conduct investigations on sexual assault kit
testing results and related expenses.

Of
the foregoing appropriation item 768425, Justice Program Services, up
to $1,000,000 in each fiscal year shall be used by the Office of
Criminal Justice Services to competitively procure, directly from the
manufacturer, a commercial off-the-shelf, completely in canal hearing
protection product with a minimum noise reduction rating of 25
decibels and a maximum output of 80 decibels. The hearing protection
shall be made available to any law enforcement agency in the state on
a first-come, first-served basis as part of the Law Enforcement
Hearing Protection Program.

Of
the foregoing appropriation item 768425, Justice Program Services, up
to $200,000 in each fiscal year shall be used by the Office of
Criminal Justice Services to implement recommendations of the
Governor's Warrant Task Force.

Section
373.40.
MOTOR
VEHICLE REGISTRATION

The
Director of Public Safety may deposit revenues to meet the cash needs
of the Public Safety - Highway Purposes Fund (Fund 5TM0) established
in section 4501.06 of the Revised Code, obtained under section
4503.02 of the Revised Code, less all other available cash. Revenue
deposited pursuant to this paragraph shall support in part
appropriations for the administration and enforcement of laws
relative to the operation and registration of motor vehicles, for
payment of highway obligations and other statutory highway purposes.
Notwithstanding section 4501.03 of the Revised Code, the revenues
shall be paid into Fund 5TM0 before any revenues obtained pursuant to
section 4503.02 of the Revised Code are paid into any other fund. The
deposit of revenues to meet the aforementioned cash needs shall be in
approximately equal amounts on a monthly basis or as otherwise
approved by the Director of Budget and Management. Prior to July 1 of
each fiscal year, the Director of Public Safety shall submit a plan
to the Director of Budget and Management requesting approval of the
anticipated revenue amounts to be deposited into Fund 5TM0 pursuant
to this paragraph. If during the fiscal year changes to the plan as
approved by the Director of Budget and Management are necessary, the
Director of Public Safety shall submit a revised plan to the Director
of Budget and Management for approval prior to any change in the
deposit of revenues.

VALIDATION
STICKER REQUIREMENTS

Validation
stickers are required for the annual registration of passenger,
commercial, motorcycle, and other vehicles and are produced in
accordance with section 4503.191 of the Revised Code. Notwithstanding
section 4503.191 of the Revised Code, the Registrar of Motor Vehicles
may adopt rules authorizing validation stickers to be produced at any
location.

OPERATING
EXPENSE - HIGHWAY PATROL

Any
new revenue derived from an increase of the Highway Safety fee as
prescribed in section 4503.10 of the Revised Code that becomes
effective with any application for registration or registration
renewal received on or after January 1, 2026, shall be used
exclusively for the State Highway Patrol.

Section
373.50.
CASH
BALANCE FUND REVIEW

The
Director of Public Safety shall review the cash balances for each
fund in the State Highway Safety Fund Group, and may submit a request
in writing to the Director of Budget and Management to transfer
amounts from any fund in the State Highway Safety Fund Group to the
credit of the Public Safety - Highway Purposes Fund (Fund 5TM0), as
appropriate. Upon receipt of such a request, and subject to the
approval of the Controlling Board, the Director of Budget and
Management may make appropriate transfers as requested by the
Director of Public Safety or as otherwise determined by the Director
of Budget and Management.

CASH
TRANSFERS TO THE SECURITY, INVESTIGATIONS, AND POLICING FUND

Notwithstanding
any other provision of law to the contrary, the Director of Budget
and Management, upon written request of the Director of Public Safety
and approval of the Controlling Board, may approve the transfer of
cash from the State Highway Patrol Contraband, Forfeiture, and Other
Fund (Fund 83C0) to the Security, Investigations and Policing Fund
(Fund 8400).

TRANSFER
FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT AGENCY SERVICE
AND REIMBURSEMENT FUND

On
July 1 of each fiscal year, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $450,000 cash from
the State Fire Marshal Fund (Fund 5460) to the Emergency Management
Agency Service and Reimbursement Fund (Fund 4V30).

Of
the foregoing appropriation item 763662, EMA Service and
Reimbursements, $250,000 in each fiscal year shall be distributed to
the Ohio Task Force One – Urban Search and Rescue Unit to pay for
its operating expenses and developing new programs.

Of
the foregoing appropriation item 763662, EMA Service and
Reimbursements, $200,000 in each fiscal year shall be distributed to
the Ohio Task Force One – Urban Search and Rescue Unit, other
similar urban search and rescue units around the state, and for
maintenance of the statewide fire emergency response plan by an
entity recognized by the Ohio Emergency Management Agency.

TRANSFER
FROM CONTROLLING BOARD EMERGENCY PURPOSES/CONTINGENCIES FUND TO STATE
DISASTER RELIEF FUND

On
July 1 of each fiscal year, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $1,000,000 cash from
the Controlling Board Emergency Purposes/Contingencies Fund (Fund
5KM0) to the State Disaster Relief Fund (Fund 5330).

STATE
DISASTER RELIEF

The
State Disaster Relief Fund (Fund 5330) may accept transfers of cash
or appropriations from Controlling Board appropriation items for the
Ohio Emergency Management Agency disaster response costs and disaster
program management costs, and may also be used for the following
purposes:

(A)
To accept transfers of cash or appropriations from Controlling Board
appropriation items for Ohio Emergency Management Agency recovery and
mitigation program match costs to reimburse eligible local
governments and private nonprofit organizations for costs related to
disasters;

(B)
To accept transfers of cash or appropriations from Controlling Board
appropriation items to cover costs incurred and to reimburse
government entities for Emergency Management Assistance Compact
(EMAC) missions;

(C)
To accept disaster related reimbursement from federal, state, and
local governments. The Director of Budget and Management may transfer
cash from reimbursements received by this fund to other funds of the
state from which transfers were originally approved by the
Controlling Board.

(D)
To accept transfers of cash or appropriations from Controlling Board
appropriation items to fund the State Disaster Relief Program, for
disasters that qualify for the program by written authorization of
the Governor, and the State Individual Assistance Program for
disasters that have been declared by the federal Small Business
Administration and that qualify for the program by written
authorization from the Governor.

(E)
The State Disaster Relief Fund (Fund 5330) may accept, hold,
administer, and expend any cash received from a gift, donation,
bequest, devise, or contribution.

DRUG
LAW ENFORCEMENT FUND

Notwithstanding
division (D) of section 5502.68 of the Revised Code, in each of
fiscal years 2026 and 2027, the cumulative amount of funding provided
to any single drug task force out of the Drug Law Enforcement Fund
(Fund 5ET0) may not exceed $500,000 in any calendar year.

SARA
TITLE III HAZMAT PLANNING

The
SARA Title III Hazmat Planning Fund (Fund 6810) is entitled to
receive grant funds from the Emergency Response Commission to
implement the Emergency Management Agency's responsibilities under
Chapter 3750. of the Revised Code.

Section
373.60.
COLLECTIVE
BARGAINING INCREASES

Notwithstanding
division (D) of section 127.14 and division (B) of section 131.35 of
the Revised Code, except for the General Revenue Fund, the
Controlling Board may, upon the request of either the Director of
Budget and Management, or the Department of Public Safety with the
approval of the Director of Budget and Management, authorize
expenditures in excess of appropriations and transfer appropriations,
as necessary, for any fund used by the Department of Public Safety,
to assist in paying the costs of increases in employee compensation
that have occurred pursuant to collective bargaining agreements under
Chapter 4117. of the Revised Code and, for exempt employees, under
section 124.152 of the Revised Code. Any money approved for
expenditure under this paragraph is hereby appropriated.

Section
375.10.

1

2

3

4

5

A

PUC
PUBLIC UTILITIES COMMISSION OF OHIO

B

Dedicated
Purpose Fund Group

C

4A30

870614

Grade
Crossing Protection Devices - State

$1,200,000

$1,200,000

D

4L80

870617

Pipeline
Safety - State

$350,000

$360,000

E

5610

870606

Power
Siting Board

$1,100,000

$1,100,000

F

5F60

870622

Utility
and Railroad Regulation

$45,851,137

$47,757,281

G

5F60

870624

NARUC/NRRI
Subsidy

$45,340

$45,340

H

5LT0

870640

Intrastate
Registration

$230,298

$237,207

I

5LT0

870641

Unified
Carrier Registration

$451,794

$465,348

J

5LT0

870643

Non-Hazardous
Materials Civil Forfeiture

$278,202

$286,548

K

5LT0

870644

Hazardous
Materials Civil Forfeiture

$1,167,567

$1,178,594

L

5LT0

870645

Motor
Carrier Enforcement

$5,680,962

$5,786,733

M

5Q50

870626

Telecommunications
Relay Service

$1,020,000

$1,020,000

N

5QR0

870646

Underground
Facilities Protection

$20,000

$20,000

O

5QS0

870647

Underground
Facilities Administration

$239,729

$246,776

P

Dedicated
Purpose Fund Group Total

$57,635,029

$59,703,827

Q

Federal
Fund Group

R

3330

870601

Gas
Pipeline Safety

$1,683,226

$1,733,723

S

3500

870608

Motor
Carrier Safety

$16,103,547

$16,288,415

T

3500

870648

Motor
Carrier Administration High Priority Activities Grants and
Cooperative Agreements

$750,000

$750,000

U

3ID0

870649

Department
of Energy Grid Resiliency

$7,122,706

$7,122,706

V

3IE0

870650

Hazardous
Material Commercial Vehicle Inspection Grants

$300,000

$300,000

W

Federal
Fund Group Total

$25,959,479

$26,194,844

X

TOTAL
ALL BUDGET FUND GROUPS

$83,594,508

$85,898,671

Section
377.10.

1

2

3

4

5

A

PWC
PUBLIC WORKS COMMISSION

B

General
Revenue Fund

C

GRF

150904

Conservation
General Obligation Bond Debt Service

$46,500,000

$39,000,000

D

GRF

150907

Infrastructure
Improvement General Obligation Bond Debt Service

$225,000,000

$240,000,000

E

General
Revenue Fund Total

$271,500,000

$279,000,000

F

Capital
Projects Fund Group

G

7038

150321

State
Capital Improvements Program - Operating Expenses

$974,304

$991,125

H

7056

150403

Clean
Ohio Conservation Operating

$324,768

$330,375

I

Capital
Projects Fund Group Total

$1,299,072

$1,321,500

J

TOTAL
ALL BUDGET FUND GROUPS

$272,799,072

$280,321,500

Section
377.20.
CONSERVATION
GENERAL OBLIGATION BOND DEBT SERVICE

The
foregoing appropriation item 150904, Conservation General Obligation
Bond Debt Service, shall be used to pay all debt service and related
financing costs during the period from July 1, 2025, through June 30,
2027, on obligations issued under sections 151.01 and 151.09 of the
Revised Code.

INFRASTRUCTURE
IMPROVEMENT GENERAL OBLIGATION BOND DEBT SERVICE

The
foregoing appropriation item 150907, Infrastructure Improvement
General Obligation Bond Debt Service, shall be used to pay all debt
service and related financing costs during the period from July 1,
2025, through June 30, 2027, on obligations issued under sections
151.01 and 151.08 of the Revised Code.

CLEAN
OHIO CONSERVATION OPERATING

The
foregoing appropriation item 150403, Clean Ohio Conservation
Operating, shall be used by the Ohio Public Works Commission in
administering Clean Ohio Conservation Fund (Fund 7056) projects
pursuant to sections 164.20 to 164.27 of the Revised Code.

STATE
CAPITAL IMPROVEMENT PROGRAM - OPERATING EXPENSES

The
foregoing appropriation item 150321, State Capital Improvements
Program - Operating Expenses, shall be used by the Ohio Public Works
Commission to administer the State Capital Improvement Program under
sections 164.01 to 164.16 of the Revised Code.

DISTRICT
ADMINISTRATION COSTS

The
Director of the Public Works Commission is authorized to create a
District Administration Costs Program from proceeds of the Capital
Improvements Fund and Local Transportation Improvement Program Fund.
The program shall be used to provide for the direct costs of district
administration of the nineteen public works districts. Districts
choosing to participate in the program shall only expend State
Capital Improvements Fund moneys for State Capital Improvements Fund
costs and Local Transportation Improvement Program Fund moneys for
Local Transportation Improvement Program Fund costs. The District
Administration Costs Program account shall not exceed $1,235,000 per
fiscal year. Each public works district may be eligible for up to
$65,000 per fiscal year from its district allocation as provided in
sections 164.08 and 164.14 of the Revised Code.

The
Director, by rule, shall define allowable and non-allowable costs for
the purpose of the District Administration Costs Program.
Non-allowable costs include indirect costs, elected official salaries
and benefits, and project-specific costs. No district public works
committee may participate in the District Administration Costs
Program without the approval of those costs by the district public
works committee under section 164.04 of the Revised Code.

NATURAL
RESOURCE ASSISTANCE COUNCIL ADMINISTRATION COSTS

The
Director of the Public Works Commission is authorized to create a
District Administration Costs Program for districts represented by
natural resource assistance councils. The program shall be funded
from proceeds of the Clean Ohio Conservation Fund. The program shall
be used by natural resource assistance councils to provide for
administration costs of the nineteen natural resource assistance
councils for the direct costs of council administration. Councils
choosing to participate in this program may be eligible for up to
$15,000 per fiscal year from their district allocation as provided in
section 164.27 of the Revised Code.

The
Director, by rule, shall define allowable and non-allowable costs for
the purpose of the District Administration Costs Program.
Non-allowable costs include indirect costs, elected official salaries
and benefits, and project specific costs.

Section
379.10.

1

2

3

4

5

A

RAC
STATE RACING COMMISSION

B

Dedicated
Purpose Fund Group

C

5620

875601

Thoroughbred
Development

$870,555

$873,434

D

5630

875602

Standardbred
Development

$1,246,399

$1,246,970

E

5650

875604

Racing
Commission Operating

$3,473,682

$3,503,170

F

5JK0

875610

Horse
Racing Development - Casino

$10,499,999

$10,499,999

G

5NL0

875611

Revenue
Redistribution

$12,800,000

$12,800,000

H

Dedicated
Purpose Fund Group Total

$28,890,635

$28,923,573

I

Fiduciary
Fund Group

J

5C40

875607

Simulcast
Horse Racing Purse

$3,921,226

$3,921,226

K

Fiduciary
Fund Group Total

$3,921,226

$3,921,226

L

Holding
Account Fund Group

M

R021

875605

Bond
Reimbursements

$108,700

$108,700

N

Holding
Account Fund Group Total

$108,700

$108,700

O

TOTAL
ALL BUDGET FUND GROUPS

$32,920,561

$32,953,499

Section
381.10.

1

2

3

4

5

A

BOR
DEPARTMENT OF HIGHER EDUCATION

B

General
Revenue Fund

C

GRF

235321

Operating
Expenses

$8,750,000

$9,250,000

D

GRF

235402

Sea
Grants

$308,000

$308,000

E

GRF

235406

Articulation
and Transfer

$2,269,500

$2,314,890

F

GRF

235408

Midwest
Higher Education Compact

$115,000

$115,000

G

GRF

235413

Computer
Science

$4,004,863

$4,006,508

H

GRF

235414

Grants
and Scholarship Administration

$922,538

$985,378

I

GRF

235417

Technology
Maintenance and Operations

$4,520,396

$4,528,397

J

GRF

235425

Ohio
Work Ready Grant

$10,500,000

$10,500,000

K

GRF

235428

Appalachian
New Economy Workforce Partnership

$3,955,000

$3,955,000

L

GRF

235438

Choose
Ohio First Scholarship

$32,000,000

$32,000,000

M

GRF

235443

Aspire
- State

$6,322,267

$0

N

GRF

235444

Ohio
Technical Centers

$22,138,000

$22,138,000

O

GRF

235450

Military
and Veterans Offices

$1,144,000

$1,144,000

P

GRF

235474

Area
Health Education Centers Program Support

$1,899,000

$1,899,000

Q

GRF

235475

Campus
Security Support Program

$4,000,000

$0

R

GRF

235476

Campus
Student Safety Grant Program

$1,000,000

$1,000,000

S

GRF

235492

Campus
Safety and Training

$200,000

$200,000

T

GRF

235501

State
Share of Instruction

$2,156,383,406

$2,177,772,240

U

GRF

235504

War
Orphans and Severely Disabled Veterans' Children Scholarships

$25,000,000

$30,000,000

V

GRF

235507

OhioLINK

$6,447,000

$6,447,000

W

GRF

235508

Air
Force Institute of Technology

$2,000,000

$2,000,000

X

GRF

235510

Ohio
Supercomputer Center

$5,086,000

$5,086,000

Y

GRF

235511

The
Ohio State University Extension Service

$25,504,000

$25,504,000

Z

GRF

235514

Central
State Supplement

$12,768,910

$13,151,977

AA

GRF

235515

Case
Western Reserve University School of Medicine

$2,100,000

$2,100,000

AB

GRF

235519

Family
Practice

$3,098,000

$3,098,000

AC

GRF

235520

Shawnee
State Supplement

$12,000,000

$12,000,000

AD

GRF

235525

Geriatric
Medicine

$511,000

$511,000

AE

GRF

235526

Primary
Care Residencies

$1,468,000

$1,468,000

AF

GRF

235530

Governor's
Merit Scholarship

$47,000,000

$70,000,000

AG

GRF

235533

Program
and Project Support

$9,435,000

$1,050,000

AH

GRF

235535

Ohio
State Agricultural Research

$37,169,000

$37,169,000

AI

GRF

235536

The
Ohio State University Clinical Teaching

$9,461,000

$9,461,000

AJ

GRF

235537

University
of Cincinnati Clinical Teaching

$8,085,000

$8,085,000

AK

GRF

235538

University
of Toledo Clinical Teaching

$6,065,000

$6,065,000

AL

GRF

235539

Wright
State University Clinical Teaching

$4,447,000

$4,447,000

AM

GRF

235540

Ohio
University Clinical Teaching

$2,849,000

$2,849,000

AN

GRF

235541

Northeast
Ohio Medical University Clinical Teaching

$2,930,000

$2,930,000

AO

GRF

235543

Kent
State University College of Podiatric Medicine Clinic Subsidy

$500,000

$500,000

AP

GRF

235546

Central
State Agricultural Research and Development

$5,828,000

$5,828,000

AQ

GRF

235548

Central
State Cooperative Extension Services

$5,168,000

$5,168,000

AR

GRF

235552

Capital
Component

$1,236,561

$1,236,561

AS

GRF

235555

Library
Depositories

$700,000

$500,000

AT

GRF

235556

Ohio
Academic Resources Network

$3,568,000

$3,568,000

AU

GRF

235558

Long-term
Care Research

$318,000

$318,000

AV

GRF

235563

Ohio
College Opportunity Grant

$220,600,000

$207,400,000

AW

GRF

235569

The
Ohio State University College of Veterinary Medicine Supplement

$15,000,000

$15,000,000

AX

GRF

235572

The
Ohio State University Clinic Support

$750,000

$750,000

AY

GRF

235578

Federal
Research Network

$5,099,000

$5,099,000

AZ

GRF

235585

Educator
Preparation Programs

$600,000

$600,000

BA

GRF

235591

Co-Op
Internship Program

$1,065,000

$1,065,000

BB

GRF

235595

Commercial
Truck Driver Student Aid Program

$3,000,000

$3,000,000

BC

GRF

235599

National
Guard Scholarship Program

$18,399,750

$18,399,750

BD

GRF

2355A4

Ohio
Higher Education Public Policy Research Consortium

$500,000

$500,000

BE

GRF

235909

Higher
Education General Obligation Bond Debt Service

$250,000,000

$210,000,000

BF

General
Revenue Fund Total

$3,016,188,191

$2,994,470,701

BG

Dedicated
Purpose Fund Group

BH

2200

235614

Program
Approval and Reauthorization

$769,126

$789,679

BI

4560

235603

Sales
and Services

$129,725

$133,017

BJ

4E80

235602

Higher
Educational Facility Commission Administration

$69,839

$73,807

BK

5AH1

235688

Super
RAPIDS

$10,000,000

$0

BL

5CJ1

2356A2

Strategic
Square Footage Reduction

$82,650,000

$0

BM

5D40

235675

Conference/Special
Purposes

$125,000

$125,000

BN

5FR0

235650

State
and Non-Federal Grants and Awards

$1,405,944

$1,412,670

BO

5P30

235663

Variable
Savings Plan

$8,522,034

$8,522,034

BP

5YD0

235494

Second
Chance Grant Program

$2,000,000

$2,000,000

BQ

5ZD0

235426

Rural
Practice Incentive Program

$1,500,000

$1,500,000

BR

5ZY0

235592

Grow
Your Own Teacher Program

$2,500,000

$2,500,000

BS

6450

235664

Guaranteed
Savings Plan

$1,110,131

$1,110,132

BT

6820

235606

Nursing
Loan Program

$1,203,730

$1,210,344

BU

Dedicated
Purpose Fund Group Total

$111,985,529

$19,376,683

BV

Bond
Research and Development Fund Group

BW

7014

235639

Research
Incentive Third Frontier - Tax

$8,000,000

$8,000,000

BX

Bond
Research and Development Fund Group Total

$8,000,000

$8,000,000

BY

Federal
Fund Group

BZ

3120

235611

Gear-up
Grant

$2,956,000

$2,956,000

CA

3120

235612

Carl
D. Perkins Grant/Plan Administration

$1,371,939

$1,388,525

CB

3120

235641

Aspire
- Federal

$18,996,799

$0

CC

3120

235669

Industry
Credential Transfer Assurance Guides Initiative

$300,000

$300,000

CD

3BG0

235651

Gear
Up Grant Scholarships

$3,100,000

$3,100,000

CE

3N60

235658

John
R. Justice Student Loan Repayment Program

$128,000

$128,000

CF

Federal
Fund Group Total

$26,852,738

$7,872,525

CG

TOTAL
ALL BUDGET FUND GROUPS

$3,163,026,458

$3,029,719,909

Section
381.20.
OPERATING
EXPENSES

(A)
Of the foregoing appropriation item 235321, Operating Expenses, up to
$1,200,000 in each fiscal year shall be used by the Chancellor of
Higher Education, in consultation with OH-TECH, to enhance security
operations and services.

(B)
Enhanced security operations and services shall benefit all members
of OH-TECH and may include, but shall not be limited to:

(1)
Establishing an enterprise security operations center;

(2)
Configuration management in the area of data loss prevention;

(3)
Endpoint patch and compliance;

(4)
Log aggregation;

(5)
Web application firewall;

(6)
Vulnerability management across the consortium;

(7)
Other critical security enhancement services as determined
appropriate by the Chancellor.

(C)
The Ohio Academic Resource Network (OARnet) and the Ohio
Supercomputer Center may use a portion of these funds to enhance
their respective network security operations to better serve clients
who store sensitive data that is subject to the highest data privacy
standards imposed by federal regulations and national research
organizations, including, but not limited to, the National Institutes
of Health, the National Science Foundation, and the Department of
Defense.

SEA
GRANTS

The
foregoing appropriation item 235402, Sea Grants, shall be used to
match federal dollars and leverage additional support by The Ohio
State University's Sea Grant program, including Stone Laboratory, for
research, education, and outreach to enhance the economic value,
public utilization, and responsible management of Lake Erie and
Ohio's coastal resources.

Section
381.30.
ARTICULATION
AND TRANSFER

The
foregoing appropriation item 235406, Articulation and Transfer, shall
be used by the Chancellor of Higher Education to maintain and expand
the work of the Articulation and Transfer Network Advisory Council to
develop a system of transfer policies to ensure that students at
state institutions of higher education can transfer and have
coursework apply to their majors and degrees at any other state
institution of higher education without unnecessary duplication or
institutional barriers under sections 3333.16, 3333.161, 3333.162,
and 3333.164 of the Revised Code.

Section
381.40.
MIDWEST
HIGHER EDUCATION AND WORKFORCE COMPACT

The
foregoing appropriation item 235408, Midwest Higher Education
Compact, shall be distributed by the Chancellor of Higher Education
under section 3333.40 of the Revised Code.

Section
381.80.
COMPUTER
SCIENCE

The
foregoing appropriation item 235413, Computer Science, shall be used
to administer and award grants under the Teach CS Grant Program
established in section 3333.129 of the Revised Code.

Section
381.90.
GRANTS
AND SCHOLARSHIP ADMINISTRATION

The
foregoing appropriation item 235414, Grants and Scholarship
Administration, shall be used by the Chancellor of Higher Education
to manage and administer student financial aid programs created by
the General Assembly and grants for which the Department of Higher
Education is responsible. The appropriation item also shall be used
to support all state financial aid audits and student financial aid
programs created by Congress, and to provide fiscal and
administrative services for the Ohio National Guard Scholarship
Program.

Section
381.110.
TECHNOLOGY
MAINTENANCE AND OPERATIONS

The
foregoing appropriation item 235417, Technology Maintenance and
Operations, shall be used by the Chancellor of Higher Education to
support the development and implementation of information technology
solutions designed to improve the performance and capacity of the
Department of Higher Education. The information technology solutions
may be provided by the Ohio Technology Consortium (OH-TECH).

Of
the foregoing appropriation item 235417, Technology Maintenance and
Operations, a portion in each fiscal year may be used by the
Chancellor to support the continued implementation of eStudent
Services, a consortium organized under division (T) of section
3333.04 of the Revised Code to expand access to dual enrollment
opportunities for high school students, continue the support of the
statewide eTutoring program, and for any other strategic priorities
of the Chancellor.

Of
the foregoing appropriation item 235417, Technology Maintenance and
Operations, a portion in each fiscal year shall be used by the
Chancellor to implement a high priority data warehouse, advanced
analytics, and visualization integration services associated with the
Higher Education Information (HEI) system. The services may be
facilitated by OH-TECH.

Of
the foregoing appropriation item 235417, Technology Maintenance and
Operations, $150,000 in each fiscal year shall be used to support
Ohio Reach to provide mentoring and support services to former foster
youth attending college.

Section
381.160.
OHIO
WORK READY GRANT

(A)
Of the foregoing appropriation item 235425, Ohio Work Ready Grant,
$500,000 in each fiscal year shall be used by the Chancellor of
Higher Education to award grants according to the section of this act
entitled "AI INTEGRATION IN COMMUNITY COLLEGES GRANT PROGRAM."

(B)
The remainder of the foregoing appropriation item 235425, Ohio Work
Ready Grant, shall be used by the Chancellor of Higher Education to
establish and operate the Ohio Work Ready Grant Program pursuant to
section 3333.24 of the Revised Code.

Section
381.165.
AI
INTEGRATION IN COMMUNITY COLLEGES GRANT PROGRAM

(A)
The Chancellor of Higher Education shall create the Artificial
Intelligence Integration in Community Colleges Pilot Grant Program to
provide financial assistance to community colleges to implement
artificial intelligence initiatives.

(B)
The Chancellor shall award five competitive grants of $100,000 each
in each fiscal year to community colleges, as defined in section
3333.168 of the Revised Code.

(C)
The Chancellor shall establish procedures and criteria for awarding
the grants and shall give preference to community colleges that show
a strong commitment and track record to integrating artificial
intelligence into education, workforce development, and industry
alignment.

(D)
Eligible uses of the grant funds include all of the following:

(1)
Integrating artificial intelligence curriculum into credential
programs;

(2)
Establishing artificial intelligence-based College Credit Plus
Program offerings;

(3)
Training faculty and staff on the uses of artificial intelligence
technologies relevant to local industry or state needs;

(4)
Supporting students with practical artificial intelligence skills
through certifications and project-based learning;

(5)
Purchasing artificial intelligence hardware and software;

(6)
Utilizing artificial intelligence in streamlining administrative
functions and student services;

(7)
Contracting with a vendor to provide any or all of the services
described in this division.

(E)
The Chancellor shall monitor the performance of each grant recipient
in meeting the objectives of the program.

(F)
Upon completion of the program, the Chancellor shall submit a report
with legislative recommendations for further development of the
program to the General Assembly in accordance with section 101.68 of
the Revised Code.

Section
381.180.
APPALACHIAN
NEW ECONOMY WORKFORCE PARTNERSHIP

The
foregoing appropriation item 235428, Appalachian New Economy
Workforce Partnership, shall be distributed to Ohio University's
Voinovich School to continue a multi-campus and multi-agency
coordinated effort to link Appalachia to the new economy. Ohio
University shall use these funds to provide leadership in the
development and implementation of initiatives in the areas of
entrepreneurship, management, education, and technology.

Section
381.190.
CHOOSE
OHIO FIRST SCHOLARSHIP

The
foregoing appropriation item 235438, Choose Ohio First Scholarship,
shall be used to operate the program prescribed in sections 3333.60
to 3333.69 of the Revised Code.

During
each fiscal year, the Chancellor of Higher Education, as soon as
possible after cancellation, may certify to the Director of Budget
and Management the amount of canceled prior-year encumbrances in
appropriation item 235438, Choose Ohio First Scholarship. Upon
receipt of the certification, the Director of Budget and Management
may transfer cash, up to the certified amount, from the General
Revenue Fund to the Choose Ohio First Scholarship Reserve Fund (Fund
5PV0).

Section
381.200.
ASPIRE

The
foregoing appropriation item 235443, Aspire - State, shall be used to
support the Aspire program. The supported programs shall satisfy the
state match and maintenance of effort requirements for the
state-administered grant program in fiscal year 2026. The funds may
be used to support students that speak English as their second
language.

Section
381.210.
OHIO
TECHNICAL CENTERS FUNDING

The
foregoing appropriation item 235444, Ohio Technical Centers, shall be
used by the Chancellor of Higher Education to support post-secondary
adult career-technical education and secondary students enrolling in
Ohio Technical Center programs pursuant to section 3313.901 of the
Revised Code. The Chancellor shall provide coordination for Ohio
Technical Centers through program approval processes, data collection
of program and student outcomes, and subsidy disbursements from the
foregoing appropriation item 235444, Ohio Technical Centers.

(A)(1)
As soon as possible in each fiscal year, in accordance with
instructions of the Chancellor, each Ohio Technical Center shall
report its actual data, consistent with the definitions in the Higher
Education Information (HEI) system's files, to the Chancellor.

(a)
In defining the number of full-time equivalent students for state
subsidy purposes, the Chancellor shall exclude all students who are
not residents of Ohio.

(b)
A full-time equivalent student shall be defined as a student who
completes 450 hours. Those students that complete some portion of 450
hours shall be counted as a partial full-time equivalent for funding
purposes, while students that complete more than 450 hours shall be
counted as proportionally greater than one full-time equivalent.

(c)
In calculating each Ohio Technical Center's full-time equivalent
students, the Chancellor shall use a three-year average.

(d)
Ohio Technical Centers shall operate with, or be an active candidate
for, accreditation by an accreditor authorized by the United States
Department of Education to be eligible to receive subsidies from the
foregoing appropriation item 235444, Ohio Technical Centers.

(2)
In each fiscal year, 25 per cent of the allocation for Ohio Technical
Centers shall be distributed based on the proportion of each Center's
full-time equivalent students to the total full-time equivalent
students who complete a post-secondary technical workforce training
program approved by the Chancellor with a grade of C or better or a
grade of pass if the program is evaluated on a pass/fail basis.

(3)
In each fiscal year, 20 per cent of the allocation for Ohio Technical
Centers shall be distributed based on the proportion of each Center's
full-time equivalent students to the total full-time equivalent
students who complete 50 per cent of a program of study as a measure
of student retention.

(4)
In each fiscal year, 50 per cent of the allocation for Ohio Technical
Centers shall be distributed based on the proportion of each Center's
full-time equivalent students to the total full-time equivalent
students who have found employment, entered military service, or
enrolled in additional post-secondary education and training in
accordance with the placement definitions of the Strengthening Career
and Technical Education for the 21st Century Act, 20 U.S.C. 2323
(Perkins). The calculation for eligible full-time equivalent students
shall be based on the per cent of Perkins placements for students who
have completed at least 50 per cent of a program of study.

(5)
In each fiscal year, five per cent of the allocation for Ohio
Technical Centers shall be distributed based on the proportion of
each Center's full-time equivalent students to the total full-time
equivalent students who have earned a credential from an
industry-recognized third party.

(B)
Of the foregoing appropriation item 235444, Ohio Technical Centers,
up to 2.38 per cent in each fiscal year may be distributed by the
Chancellor to the Ohio Central School System, up to $48,000 in each
fiscal year may be utilized for assistance for Ohio Technical
Centers, and up to $2,000,000 in each fiscal year may be distributed
by the Chancellor to Ohio Technical Centers that provide customized
training and business consultation services with matching local
dollars, with preference to industries on the in-demand jobs list
created under section 6301.11 of the Revised Code, industries in
regionally emerging fields, or local businesses and industries. Each
center meeting this requirement shall receive at least $25,000 but
not more than a maximum amount determined by the Chancellor.

(C)
The remainder of the foregoing appropriation item 235444, Ohio
Technical Centers, in each fiscal year shall be distributed in
accordance with division (A) of this section.

Section
381.215.
MILITARY
AND VETERANS OFFICES

(A)
The foregoing appropriation item 235450, Military and Veterans
Offices, shall be used by the Chancellor of Higher Education to
support higher education institutions that are members of the Ohio
Veterans Education Council. The Chancellor may consult with the
Director of Veterans Services as needed.

(B)
Of the foregoing appropriation item 235450, Military and Veterans
Offices, up to $213,750 in each fiscal year shall be used by the
Chancellor to provide awards of $2,500 per student to up to six
students serving as a Military Community Advocate at an Ohio Veterans
Education Council-member public university and up to three students
serving as a Military Community Advocate at an Ohio Veterans
Education Council-member public community college or private
nonprofit university or college.

(C)
Of the foregoing appropriation item 235450, Military and Veterans
Offices, $255,000 in each fiscal year shall be used for grants for
military and veterans offices at institutions of higher education to
support growth in private philanthropy, in collaboration with the
National Veterans Leadership Foundation.

(D)
Of the foregoing appropriation item 235450, Military and Veterans
Offices, $91,800 in each fiscal year shall be used to sponsor staff
from military and veterans offices at institutions of higher
education to attend the National Veterans Leadership Foundation's
Advancement Institute.

(E)
The remainder of the foregoing appropriation item 235450, Military
and Veterans Offices, shall be used to do all of the following:

(1)
Support the administrative costs of the National Veterans Leadership
Foundation;

(2)
Create a web site to connect veterans to programs and offerings at
all Ohio Veterans Education Council-member colleges and universities;

(3)
Administer membership and Ohio Purple Star status;

(4)
Facilitate information sharing;

(5)
Support any other expenses as determined appropriate by the
Chancellor, in consultation with the National Veterans Leadership
Foundation.

Section
381.220.
AREA
HEALTH EDUCATION CENTERS PROGRAM SUPPORT

(A)
Of the foregoing appropriation item 235474, Area Health Education
Centers Program Support, $1,000,000 in each fiscal year shall be
allocated to the Ohio Council for Home Care and Hospice to establish
and administer the Home Care and Hospice Workforce Program to enhance
the nursing workforce across the state. Of these funds:

(1)
$500,000 in each fiscal year shall be used to provide competitive
scholarships to nursing students who are in their last year of study.
The scholarship amounts for each student shall be $20,000 for
registered nurse (RN) and Bachelor of Science in Nursing (BSN)
students, $10,000 for licensed practical nurse (LPN) to RN bridge
students, and $6,000 for LPN students. The Council, in collaboration
with the Chancellor of Higher Education, shall develop guidelines for
the scholarships and procedures for making an award.

(2)
$400,000 in each fiscal year shall be used to provide competitive
grants to home care agencies to mentor recent nursing graduates.
Grant amounts shall be $20,000 for each nurse that receives training
and mentoring during the first three months of employment. The
Council, in collaboration with the Chancellor, shall develop
guidelines for the grants and procedures for making an award.

(3)
$100,000 in each fiscal year shall be used to administer the program.

(B)
The remainder of the foregoing appropriation item 235474, Area Health
Education Centers Program Support, shall be used by the Chancellor of
Higher Education to support the medical school regional area health
education centers' educational programs for the continued support of
medical and other health professions education and for support of the
Area Health Education Center Program.

CAMPUS
SECURITY SUPPORT PROGRAM

The
foregoing appropriation item 235475, Campus Security Support Program,
shall be distributed by the Chancellor of Higher Education to
institutionally sanctioned student organizations, located on or off
campus, affiliated with communities that are at risk for increased
threats of violent crime, terror attacks, hate crimes, or harassment
to enhance security measures and increase student safety at
institutions of higher education throughout the state. A portion of
the foregoing appropriation item 235475, Campus Security Support
Program, may be used by the Chancellor to administer the program.

CAMPUS
STUDENT SAFETY GRANT PROGRAM

The
foregoing appropriation item 235476, Campus Student Safety Grant
Program, shall be used by the Chancellor of Higher Education to
support the Campus Student Safety Grant Program pursuant to section
3333.80 of the Revised Code.

CAMPUS
SECURITY SUPPORT AND STUDENT SAFETY GRANT REPORTS

Not
later than July 1, 2026, the Chancellor of Higher Education shall
submit reports regarding the programs funded under the foregoing
appropriation items 235475, Campus Security Support Program, and
235476, Campus Student Safety Grant Program, to the chairpersons of
the committees of each house that considers higher education
legislation. Each report shall include, but not be limited to,
information about the number of award recipients and how the funds
have been spent under each program.

Section
381.230.
CAMPUS
SAFETY AND TRAINING

The
foregoing appropriation item 235492, Campus Safety and Training,
shall be used by the Chancellor of Higher Education for the purpose
of developing model best practices for preventing and responding to
sexual violence on campus. The Chancellor, in consultation with state
institutions of higher education as defined in section 3345.011 of
the Revised Code and private nonprofit institutions of higher
education holding certificates of authorization under Chapter 1713.
of the Revised Code, shall continue to develop model best practices
in line with emerging trends, research, and evidence-based training
for preventing and responding to sexual violence and protecting
students and staff who are victims of sexual violence on campus. The
Chancellor shall convene state institutions of higher education and
private nonprofit institutions of higher education in the training
and implementation of best practices regarding campus sexual
violence.

Section
381.240.
STATE
SHARE OF INSTRUCTION FORMULAS

The
Chancellor of Higher Education shall establish procedures to allocate
the foregoing appropriation item 235501, State Share of Instruction,
based on the formulas detailed in this section that utilize the
enrollment, course completion, degree attainment, and student
achievement factors reported annually by each state institution of
higher education participating in the Higher Education Information
(HEI) system. A state institution that does not report data for a
full academic year for any of the years included in the three-year
reporting period for a fiscal year's state share of instruction
allocations shall not receive an allocation for that fiscal year
unless the Chancellor determines that exceptional circumstances
warrant the institution receiving a full or partial allocation.

(A)
FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COURSE COMPLETIONS

(1)
As soon as possible during each fiscal year of the biennium ending
June 30, 2027, in accordance with instructions of the Department of
Higher Education, each state institution of higher education shall
report its actual data, consistent with the definitions in the Higher
Education Information (HEI) system's enrollment files, to the
Chancellor.

(2)
In defining the number of full-time equivalent students for state
subsidy instructional cost purposes, the Chancellor shall exclude all
undergraduate students who are not residents of Ohio or who do not
meet the definition of residency for state subsidy and tuition
surcharge purposes, except those charged in-state fees in accordance
with reciprocity agreements made under section 3333.17 of the Revised
Code or employer contracts entered into under section 3333.32 of the
Revised Code.

(B)
TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT

For
purposes of calculating state share of instruction allocations, the
total instructional costs per full-time equivalent student shall be:

1

2

3

A

Model

Fiscal
Year 2026

Fiscal
Year 2027

B

ARTS
AND HUMANITIES 1

$12,218

$12,710

C

ARTS
AND HUMANITIES 2

$16,282

$16,938

D

ARTS
AND HUMANITIES 3

$20,250

$21,066

E

ARTS
AND HUMANITIES 4

$28,250

$29,388

F

ARTS
AND HUMANITIES 5

$45,031

$46,846

G

ARTS
AND HUMANITIES 6

$41,346

$43,013

H

BUSINESS,
EDUCATION & SOCIAL SCIENCES 1

$12,297

$12,793

I

BUSINESS,
EDUCATION & SOCIAL SCIENCES 2

$12,723

$13,235

J

BUSINESS,
EDUCATION & SOCIAL SCIENCES 3

$15,491

$16,116

K

BUSINESS,
EDUCATION & SOCIAL SCIENCES 4

$16,941

$17,623

L

BUSINESS,
EDUCATION & SOCIAL SCIENCES 5

$23,293

$24,232

M

BUSINESS,
EDUCATION & SOCIAL SCIENCES 6

$28,346

$29,488

N

BUSINESS,
EDUCATION & SOCIAL SCIENCES 7

$34,425

$35,812

O

DOCTORAL
1

$52,586

$54,705

P

DOCTORAL
2

$57,637

$59,960

Q

SCIENCE,
TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1

$12,059

$12,545

R

SCIENCE,
TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2

$15,367

$15,986

S

SCIENCE,
TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3

$17,403

$18,105

T

SCIENCE,
TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4

$19,364

$20,144

U

SCIENCE,
TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5

$24,715

$25,711

V

SCIENCE,
TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6

$21,736

$22,612

W

SCIENCE,
TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7

$28,839

$30,001

X

SCIENCE,
TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8

$42,767

$44,491

Y

SCIENCE,
TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9

$60,542

$62,982

Doctoral
I and Doctoral II models shall be allocated in accordance with
division (D)(2) of this section.

Medical
I and Medical II models shall be allocated in accordance with
divisions (D)(3) and (D)(4) of this section.

(C)
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL, AND GRADUATE
WEIGHTS

For
the purpose of implementing the recommendations of the 2006 State
Share of Instruction Consultation and the Higher Education Funding
Study Council that priority be given to maintaining state support for
science, technology, engineering, mathematics, medicine, and graduate
programs, the costs in division (B) of this section shall be weighted
by the amounts provided below:

1

2

3

A

Model

Fiscal
Year 2026

Fiscal
Year 2027

B

ARTS
AND HUMANITIES 1

1.0000

1.0000

C

ARTS
AND HUMANITIES 2

1.0000

1.0000

D

ARTS
AND HUMANITIES 3

1.0000

1.0000

E

ARTS
AND HUMANITIES 4

1.0000

1.0000

F

ARTS
AND HUMANITIES 5

1.0425

1.0425

G

ARTS
AND HUMANITIES 6

1.0425

1.0425

H

BUSINESS,
EDUCATION & SOCIAL SCIENCES 1

1.0000

1.0000

I

BUSINESS,
EDUCATION & SOCIAL SCIENCES 2

1.0000

1.0000

J

BUSINESS,
EDUCATION & SOCIAL SCIENCES 3

1.0000

1.0000

K

BUSINESS,
EDUCATION & SOCIAL SCIENCES 4

1.0000

1.0000

L

BUSINESS,
EDUCATION & SOCIAL SCIENCES 5

1.0425

1.0425

M

BUSINESS,
EDUCATION & SOCIAL SCIENCES 6

1.0425

1.0425

N

BUSINESS,
EDUCATION & SOCIAL SCIENCES 7

1.0425

1.0425

O

DOCTORAL
1

1.0000

1.0000

P

DOCTORAL
2

1.0000

1.0000

Q

SCIENCE,
TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1

1.0000

1.0000

R

SCIENCE,
TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2

1.0017

1.0017

S

SCIENCE,
TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3

1.6150

1.6150

T

SCIENCE,
TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4

1.6920

1.6920

U

SCIENCE,
TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5

1.4222

1.4222

V

SCIENCE,
TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6

1.8798

1.8798

W

SCIENCE,
TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7

1.4380

1.4380

X

SCIENCE,
TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8

1.5675

1.5675

Y

SCIENCE,
TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9

1.1361

1.1361

(D)
CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA ENTITLEMENTS AND
ADJUSTMENTS FOR UNIVERSITIES

(1)
Of the foregoing appropriation item 235501, State Share of
Instruction, 50 per cent of the appropriation for universities, as
established in division (B)(1)(b) of the section of this act entitled
"STATE SHARE OF INSTRUCTION FOR FISCAL YEARS 2026 AND 2027,"
in each fiscal year shall be reserved for support of associate,
baccalaureate, master's, and professional level degree attainment.

The
degree attainment funding shall be allocated to universities in
proportion to each campus's share of the total statewide degrees
granted, weighted by the cost of the degree programs. The degree cost
calculations shall include the model cost weights for the science,
technology, engineering, mathematics, and medicine models as
established in division (C) of this section.

For
degrees including credits earned at multiple institutions, degree
attainment funding shall be allocated to universities in proportion
to each campus's share of the student-specific cost of earned credits
for the degree. Each institution shall receive its prorated share of
degree funding for credits earned at that institution. Cost of
credits not earned at a university main or regional campus shall be
credited to the degree-granting institution for the first degree
earned by a student at each degree level. The cost credited to the
degree-granting institution shall not be eligible for at-risk weights
and shall be limited to 12.5 per cent of the student-specific degree
costs. However, the 12.5 per cent limitation shall not apply if the
student transferred 12 or fewer credits into the degree granting
institution.

In
calculating the subsidy entitlements for degree attainment for
universities, the Chancellor shall use the following count of degrees
and degree costs:

(a)
The subsidy eligible undergraduate degrees shall be defined as
follows:

(i)
The subsidy eligible degrees conferred to students identified as
residents of the state of Ohio in any term of their studies, as
reported through the Higher Education Information (HEI) system
student enrollment file, shall be weighted by a factor of 1.

(ii)
The subsidy eligible degrees conferred to students identified as
out-of-state residents during all terms of their studies, as reported
through the Higher Education Information (HEI) system student
enrollment file, who remain in the state of Ohio at least one year
after graduation, as calculated based on the three-year average
in-state residency rate using the Unemployment Wage data for
out-of-state graduates at each institution, shall be weighted by a
factor of 50 per cent.

(iii)
Subsidy eligible associate degrees are defined as those earned by
students attending any state-supported university main or regional
campus.

(b)
In calculating each campus's count of degrees, the Chancellor shall
use the three-year average associate, baccalaureate, master's, and
professional degrees awarded for the most recent completed three-year
period that is practicable as agreed to by the Inter-University
Council and the Chancellor.

(i)
If a student is awarded an associate degree and, subsequently, is
awarded a baccalaureate degree, the amount funded for the
baccalaureate degree shall be limited to either the difference in
cost between the cost of the baccalaureate degree and the cost of the
associate degree paid previously, or if the associate degree has a
higher cost than the baccalaureate degree, the cost of the credits
earned by the student after the associate degree was awarded.

(ii)
If a student earns an associate degree then, subsequently, earns a
baccalaureate degree, the associate degree granting institution shall
only receive the prorated share of the baccalaureate degree funding
for the credits earned at that institution after the associate degree
is awarded.

(iii)
If a student earns more than one degree at the same institution at
the same degree level in the same fiscal year, the funding for the
highest cost degree shall be prorated among institutions based on
where the credits were earned and additional degrees shall be funded
at 25 per cent of the cost of the degrees.

(c)
Associate degrees and baccalaureate degrees earned by a student
defined as at-risk based on academic under-preparation, age, minority
status, financial status, or first generation post-secondary status
based on neither parent completing any education beyond high school,
shall be defined as degrees earned by an at-risk student and shall be
weighted by the following:

A
student-specific degree completion weight, where the weight is
calculated based on the at-risk factors of the individual student,
determined by calculating the difference between the percentage of
students with each risk factor who earned a degree and the percentage
of non-at-risk students who earned a degree.

(2)
Of the foregoing appropriation item 235501, State Share of
Instruction, up to 11.78 per cent of the appropriation for
universities, as established in division (B)(1)(b) of the section of
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS
2026 AND 2027," in each fiscal year shall be reserved for
support of doctoral programs to implement the funding recommendations
made by representatives of the universities. The amount so reserved
shall be referred to as the doctoral set-aside.

In
each fiscal year, the doctoral set-aside funding allocation shall be
allocated to universities as follows:

(a)
25 per cent of the doctoral set-aside shall be allocated to
universities in proportion to their share of the statewide total
earnings of each state institution's three-year average course
completions. The subsidy eligible enrollments by model shall equal
only those FTE students who successfully complete the course as
defined and reported through the Higher Education Information (HEI)
system course enrollment file. Course completion earnings shall be
determined by multiplying the amounts listed above in divisions (B)
and (C) of this section by the subsidy-eligible FTEs for the most
recent completed three-year period that is practicable as agreed to
by the Inter-University Council and the Chancellor for all doctoral
enrollments in graduate-level models.

(b)
50 per cent of the doctoral set-aside shall be allocated to
universities in proportion to each campus's share of the total
statewide doctoral degrees, weighted by the cost of the doctoral
discipline. In calculating each campus's doctoral degrees the
Chancellor shall use the three-year average doctoral degrees awarded
for the most recent completed three-year period that is practicable
as agreed to by the Inter-University Council and the Chancellor.

(c)
25 per cent of the doctoral set-aside shall be allocated to
universities in proportion to their share of research grant activity.
Funding for this component shall be allocated to eligible
universities in proportion to their share of research grant activity
published by the National Science Foundation. Grant awards from the
Department of Health and Human Services shall be weighted at 50 per
cent.

(3)
Of the foregoing appropriation item 235501, State Share of
Instruction, 6.41 per cent of the appropriation for universities, as
established in division (B)(1)(b) of the section of this act entitled
"STATE SHARE OF INSTRUCTION FOR FISCAL YEARS 2026 AND 2027,"
in each fiscal year shall be reserved for support of Medical II FTEs.
The amount so reserved shall be referred to as the medical II
set-aside.

The
medical II set-aside shall be allocated to universities in proportion
to their share of the statewide total of each state institution's
three-year average Medical II FTEs as calculated in division (A) of
this section.

In
calculating the core subsidy entitlements for Medical II models only,
students repeating terms may be no more than five per cent of current
year enrollment.

(4)
Of the foregoing appropriation item 235501, State Share of
Instruction, 1.69 per cent of the appropriation for universities, as
established in division (B)(1)(b) of the section of this act entitled
"STATE SHARE OF INSTRUCTION FOR FISCAL YEARS 2026 AND 2027,"
in each fiscal year shall be reserved for support of Medical I FTEs.
The amount so reserved shall be referred to as the medical I
set-aside.

In
each fiscal year, the medical I set-aside shall be allocated to
universities as follows:

(a)
12.34 per cent of the medical I set-aside shall be allocated to
universities in proportion to their share of the statewide total of
each state institution's three-year average Medical I FTEs, as
calculated in division (A) of this section, enrolled in public
colleges of podiatric medicine.

(b)
87.66 per cent of the medical I set-aside shall be allocated to
universities in proportion to their share of the statewide total of
each state institution's three-year average Medical I FTEs, as
calculated in division (A) of this section, enrolled in public
colleges of dentistry and veterinary medicine.

(5)
Of the foregoing appropriation item 235501, State Share of
Instruction, five per cent of the appropriation for universities, as
established in division (B)(1)(b) of the section of this act entitled
"STATE SHARE OF INSTRUCTION FOR FISCAL YEARS 2026 AND 2027,"
in each fiscal year shall be reserved for support of College Credit
Plus pathways and accelerated ninety-hour degree programs as
described in section 3345.89 of the Revised Code. The College Credit
Plus pathways and accelerated ninety-hour degree programs funding
shall be allocated to universities in proportion to each campus's
share of the total statewide enrollment in College Credit Plus
pathways and accelerated ninety-hour degree programs.

In
calculating the subsidy entitlements for enrollment in College Credit
Plus pathways and accelerated ninety-hour degree programs, the
Chancellor shall use the following:

(a)
The subsidy for College Credit Plus pathways and accelerated
ninety-hour degree programs shall be distributed as follows:

(i)
The subsidy enrollment in College Credit Plus pathways and
accelerated ninety-hour degree programs for students identified as
residents of this state in any term of their studies, as reported
through the Higher Education Information (HEI) system student
enrollment file, shall be weighted by a factor of 1.

(ii)
The subsidy enrollment in College Credit Plus pathways and
accelerated ninety-hour degree programs for students identified as
out-of-state residents during all terms of their studies, as reported
through the Higher Education Information (HEI) system student
enrollment file, who remain in the state of Ohio at least one year
after graduation, as calculated based on the three-year average
in-state residency rate using unemployment wage data for out-of-state
graduates at each institution, shall be weighted by a factor of 50
per cent.

(b)
In calculating each campus's enrollment in College Credit Plus
pathways and accelerated ninety-hour degree programs, the Chancellor
shall use the three-year average enrollment for the most recent
completed three-year period that is practicable as agreed to by the
Inter-University Council and the Chancellor.

(6)
In calculating the course completion funding for universities, the
Chancellor shall use the following count of FTE students:

(a)
The subsidy eligible enrollments by model shall equal only those FTE
students who successfully complete the course as defined and reported
through the Higher Education Information (HEI) system course
enrollment file;

(b)
Those undergraduate FTE students with successful course completions,
identified in division (D)(6)(a) of this section, that are defined as
at-risk based on academic under-preparation or financial status shall
have their eligible completions weighted by the following:

(i)
Institution-specific course completion indexes, where the indexes are
calculated based upon the number of at-risk students enrolled during
the prior three calendar years; and

(ii)
A statewide average at-risk course completion weight determined for
each subsidy model. The statewide average at-risk course completion
weight shall be determined by calculating the difference between the
percentage of traditional students who complete a course and the
percentage of at-risk students who complete the same course.

(c)
The course completion earnings shall be determined by multiplying the
amounts listed above in divisions (B) and (C) of this section by the
subsidy-eligible FTEs for the most recent completed three-year period
that is practicable as agreed to by the Inter-University Council and
the Chancellor for all models except Medical I and Medical II.

(d)
For universities, the Chancellor shall compute the course completion
earnings by dividing the appropriation for universities, established
in division (B)(1)(b) of the section of this act entitled "STATE
SHARE OF INSTRUCTION FOR FISCAL YEARS 2026 AND 2027," less the
degree attainment funding as calculated in division (D)(1) of this
section, less the doctoral set-aside, less the medical I set-aside,
less the medical II set-aside,, and less the College Credit Plus
pathways and accelerated ninety-hour degree programs funding as
calculated in division (D)(5) of this section, by the sum of all
campuses' instructional costs as calculated in division (D)(6) of
this section.

(E)
CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA ENTITLEMENTS AND
ADJUSTMENTS FOR COMMUNITY COLLEGES

(1)
Of the foregoing appropriation item 235501, State Share of
Instruction, 50 per cent of the appropriation for state-supported
community colleges, state community colleges, and technical colleges
as established in division (B)(1)(a) of the section of this act
entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS 2026 AND
2027," in each fiscal year shall be reserved for course
completion FTEs as aggregated by the subsidy models defined in
division (B) of this section.

The
course completion funding shall be allocated to campuses in
proportion to each campus's share of the total sector's course
completions, weighted by the instructional cost of the subsidy
models.

To
calculate the subsidy entitlements for course completions at
community colleges, state community colleges, and technical colleges,
the Chancellor shall use the following calculations:

(a)
In calculating each campus's count of FTE course completions, the
Chancellor shall use a three-year average for course completions for
the three-year period ending in the prior year for students
identified as residents of the state of Ohio in any term of their
studies, as reported through the Higher Education Information (HEI)
system student enrollment file.

(b)
The subsidy eligible enrollments by model shall equal only those FTE
students who successfully complete the course as defined and reported
through the Higher Education Information (HEI) system course
enrollment file.

(c)
Those students with successful course completions, that are defined
as access students based on financial status, minority status, age,
or academic under-preparation shall have their eligible course
completions weighted by a statewide access weight. The weight given
to any student that meets any access factor shall be 15 per cent for
all course completions.

(d)
The model costs as used in the calculation shall be augmented by the
model weights for science, technology, engineering, mathematics, and
medicine models as established in division (C) of this section.

(2)
Of the foregoing appropriation item 235501, State Share of
Instruction, 25 per cent of the appropriation for state-supported
community colleges, state community colleges, and technical colleges
as established in division (B)(1)(a) of the section of this act
entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS 2026 AND
2027," in each fiscal year shall be reserved for colleges in
proportion to their share of college student success factors.

Student
success factors shall be awarded at the institutional level for each
subsidy-eligible student that successfully:

(a)
Completes a college-level math course within the first 30 hours of
completed coursework.

(b)
Completes a college-level English course within the first 30 hours of
completed coursework.

(c)
Completes 12 semester credit hours of college-level coursework.

(d)
Completes 24 semester credit hours of college-level coursework.

(e)
Completes 36 semester credit hours of college-level coursework.

(3)
Of the foregoing appropriation item 235501, State Share of
Instruction, 25 per cent of the appropriation for state-supported
community colleges, state community colleges, and technical colleges
as established in division (B)(1)(a) of the section of this act
entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS 2026 AND
2027," in each fiscal year shall be reserved for completion
milestones.

Completion
milestones shall include baccalaureate degrees, associate degrees,
technical certificates over 30 credit hours as designated by the
Department of Higher Education, and students transferring to any
four-year institution with at least 12 credit hours of college-level
coursework earned at that community college, state community college,
or technical college.

The
completion milestone funding shall be allocated to colleges in
proportion to each institution's share of the sector's total
completion milestones, weighted by the instructional cost of the
degree, certificate, or transfer models. Costs for technical
certificates over 30 hours shall be weighted at one-half of the
associate degree model costs and transfers with at least 12 credit
hours of college-level coursework shall be weighted at one-fourth of
the average cost for all associate degree model costs.

(4)
To calculate the subsidy entitlements for completions at community
colleges, state community colleges, and technical colleges, the
Chancellor shall use the following calculations:

(a)
In calculating each campus's count of completions, the Chancellor
shall use a three-year average for completion milestones awarded to
students identified as subsidy eligible in any term of their studies,
as reported through the Higher Education Information (HEI) system
student enrollment file.

(b)
The subsidy eligible completion milestones by model shall equal only
those students who successfully complete a baccalaureate or an
associate degree, or technical certificate over 30 credit hours, or
transfer to any four-year institution with at least 12 credit hours
of college-level coursework as defined and reported in the Higher
Education Information (HEI) system. Student completions reported in
HEI shall have an accompanying course enrollment record in order to
be subsidy eligible.

(c)
Those students with successful completions for baccalaureate or
associate degrees, technical certificates over 30 credit hours, or
transfer to any four-year institution with at least 12 credit hours
of college-level coursework, identified in division (E)(3) of this
section, that are defined as access students based on financial
status, minority status, age, or academic under-preparation shall
have their eligible completions weighted by a statewide access
weight. The weight shall be 25 per cent for students with one access
factor, 66 per cent for students with two access factors, 150 per
cent for students with three access factors, and 200 per cent for
students with four access factors.

(d)
For those students who complete more than one completion milestone,
funding for each additional degree or technical certificate over 30
credit hours designated as such by the Department of Higher Education
shall be funded at 50 per cent of the model costs as defined in
division (E)(3) of this section.

(5)
For purposes of the calculations made in division (E) of this
section, the Chancellor shall only include subsidy-eligible students
identified as residents of the state of Ohio in any term of their
studies, as reported through the Higher Education Information (HEI)
system student enrollment file. The Chancellor shall be prohibited
from including nonresident students as subsidy-eligible except for
those students otherwise identified as subsidy-eligible in division
(A)(2) of this section.

(F)
CAPITAL COMPONENT DEDUCTION

After
all other adjustments have been made, state share of instruction
earnings shall be reduced for each campus by the amount, if any, by
which debt service charged in H.B. 16 of the 126th General Assembly,
H.B. 699 of the 126th General Assembly, H.B. 496 of the 127th General
Assembly, and H.B. 562 of the 127th General Assembly for that campus
exceeds that campus's capital component earnings. The sum of the
amounts deducted shall be transferred to appropriation item 235552,
Capital Component, in each fiscal year.

(G)
EXCEPTIONAL CIRCUMSTANCES

Adjustments
may be made to the state share of instruction payments and other
subsidies distributed by the Chancellor to state colleges and
universities for exceptional circumstances. No adjustments for
exceptional circumstances may be made without the recommendation of
the Chancellor and the approval of the Controlling Board.

(H)
APPROPRIATION REDUCTIONS TO THE STATE SHARE OF INSTRUCTION

The
standard provisions of the state share of instruction calculation as
described in the preceding sections of temporary law shall apply to
any reductions made to appropriation item 235501, State Share of
Instruction, before the Chancellor has formally approved the final
allocation of the state share of instruction funds for any fiscal
year.

Any
reductions made to appropriation item 235501, State Share of
Instruction, after the Chancellor has formally approved the final
allocation of the state share of instruction funds for any fiscal
year, shall be uniformly applied to each campus in proportion to its
share of the final allocation.

(I)
DISTRIBUTION OF STATE SHARE OF INSTRUCTION

The
state share of instruction payments to the institutions shall be in
substantially equal monthly amounts during the fiscal year, unless
otherwise determined by the Director of Budget and Management
pursuant to section 126.09 of the Revised Code. Payments during the
first six months of the fiscal year may be based upon the state share
of instruction appropriation estimates made for the various
institutions of higher education, and payments during the last six
months of the fiscal year may be based on the final data from the
Chancellor. If agreed to by the Chancellor and the Inter-University
Council, payments to universities in each month of a fiscal year
shall be based on final data in the higher education information
system for the selected three-year period that is acceptable to both
parties.

Section
381.250.
STATE
SHARE OF INSTRUCTION FOR FISCAL YEARS 2026 AND 2027

(A)(1)
Of the foregoing appropriation item 235501, State Share of
Instruction, up to $100,000,000 in each fiscal year shall be
distributed according to a formula devised by the Chancellor of
Higher Education based on the following order of priority, using data
from the United States Census Post-Secondary Employment Outcomes
project:

(a)
Retention-rate outcomes based on factors, including, but not limited
to, the number of graduates employed by an Ohio-based employer and
employment outcomes of the graduates of each college and university.
In counting students under division (A)(1)(a) of this section,
graduates who are residents of this state under rules adopted under
section 3333.31 of the Revised Code and are employed by an Ohio-based
employer shall be weighted the highest, followed by graduates who are
employed by an Ohio-based employer but are not residents of this
state;

(b)
Employment outcomes of the graduates of each college and university.
In counting students under division (A)(1)(b) of this section, the
Chancellor shall use as a factor employment by the graduates of each
institution, measured at the 2-digit level of the Classification of
Instructional Programs codes published by the National Center for
Education Statistics.

(2)
Of the foregoing appropriation item 235501, State Share of
Instruction, up to $10,000,000 in each fiscal year shall be
distributed according to a formula devised by the Chancellor that
provides funding bonuses of $10,000 per graduate for
technician-aligned associate degrees, as determined by the Governor's
Office of Workforce Transformation, that are produced above a
historical baseline of institutional production, as calculated by the
Chancellor. In developing a formula under division (A)(2) of this
section, the Chancellor shall give priority to retention-based
outcomes, as specified in division (A)(1)(a) of this section, and
count only graduates that are employed by an Ohio-based employer.

(3)
Of the amount set aside in division (A)(1) of this section for each
fiscal year, 76.8 per cent shall be distributed to state-supported
university main and regional campuses and 23.2 per cent shall be
distributed to state-supported community colleges, state community
colleges, and technical colleges.

(4)
Of the foregoing appropriation item 235501, State Share of
Instruction, $8,500,000 in each fiscal year shall be distributed to
The Ohio State University to support the Salmon P. Chase Center for
Civics, Culture, and Society established under section 3335.39 of the
Revised Code.

(5)
Of the foregoing appropriation item 235501, State Share of
Instruction, $3,000,000 in each fiscal year shall be distributed to
the University of Toledo to support the Institute of American
Constitutional Thought and Leadership established under section
3364.07 of the Revised Code.

(6)
Of the foregoing appropriation item 235501, State Share of
Instruction, $2,000,000 in each fiscal year shall be distributed to
Miami University to support the center for civics, culture, and
society established under section 3339.06 of the Revised Code.

(7)
Of the foregoing appropriation item 235501, State Share of
Instruction, $2,000,000 in each fiscal year shall be distributed to
Cleveland State University to support the center for civics, culture,
and society established under section 3344.07 of the Revised Code.

(8)
Of the foregoing appropriation item 235501, State Share of
Instruction, $2,000,000 in each fiscal year shall be distributed to
Wright State University to support the center for civics, culture,
and workforce development established under section 3352.16 of the
Revised Code.

(B)(1)
The remainder of the foregoing appropriation item 235501, State Share
of Instruction, shall be distributed according to the section of this
act entitled "STATE SHARE OF INSTRUCTION FORMULAS." Of
these funds:

(a)
23.2 per cent in each fiscal year shall be distributed to
state-supported community colleges, state community colleges, and
technical colleges, except that the amount calculated for Eastern
Gateway Community College shall be distributed as follows:

(i)
Up to $2,900,000 in fiscal year 2026 for final close out costs of the
college;

(ii)
Up to $2,500,000 in fiscal year 2026 to reimburse the Controlling
Board Emergency Purposes/Contingencies Fund (Fund 5KM0);

(iii)
The remainder in each fiscal year shall remain in the General Revenue
Fund.

(b)
76.8 per cent in each fiscal year shall be distributed to
state-supported university main and regional campuses;

(c)
Of the amounts distributed under division (B)(1)(b) of this section,
$75,000,000 in fiscal year 2027 shall be distributed according to a
formula devised by the Chancellor based on the per cent share of
funds calculated in division (B)(1)(b) of this section. No state
university shall receive funds from the amount set aside in division
(B)(1)(c) of this section for fiscal year 2027 unless the standing
committees of the House of Representatives and the Senate that
consider higher education legislation determine that the state
university has fully complied with sections 3333.045, 3345.029,
3345.0216, 3345.0217, 3345.382, 3345.451, 3345.453, and 3345.591 of
the Revised Code for the previous fiscal year. To make this
determination, each state university shall, not later than March 1,
2026, submit a report to the committee chairs, in a form and manner
determined by the committees, that demonstrates the state
university's compliance with those sections. Not later than March 31,
2026, each committee shall determine whether each state university
has fully complied with those sections for the previous fiscal year
and report that determination to the Office of Budget and Management.
The Controlling Board shall consider the release of funds from the
amount set aside in division (B)(1)(c) of this section for fiscal
year 2027 only for compliant universities. The release of funds shall
be subject to Controlling Board approval. Payments for fiscal year
2027 shall be issued to compliant universities in monthly payments in
the manner provided in division (I) of the section of this act
entitled "STATE SHARE OF INSTRUCTION FORMULAS." For any
university determined noncompliant, the Chancellor shall reduce
payments for that university by an amount equal to that university's
per cent share of the total funds calculated pursuant to division
(B)(1)(b) of this section.

(2)
Any increases in the amount distributed to an institution from the
funds set aside in division (B) of this section that are above the
prior year may be used by the institution to provide need-based aid
and to provide counseling, support services, and workforce
preparation services to students.

Section
381.260.
RESTRICTION
ON FEE INCREASES

(A)
In fiscal years 2026 and 2027, the boards of trustees of state
institutions of higher education shall restrain increases in in-state
undergraduate instructional and general fees.

(1)
For the 2025-2026 and 2026-2027 academic years, each community
college established under Chapter 3354., state community college
established under Chapter 3358., or technical college established
under Chapter 3357. of the Revised Code may increase its in-state
undergraduate instructional and general fees by not more than ten
dollars per credit hour over what the institution charged for the
previous academic year.

(2)
The limitations under division (A)(1) of this section do not apply to
student health insurance, fees for auxiliary goods or services
provided to students at the cost incurred to the institution, fees
assessed to students as a pass-through for licensure and
certification examinations, fees in elective courses associated with
travel experiences, elective service charges, fines, and voluntary
sales transactions.

(B)
The limitations under this section shall not apply to increases
required to comply with institutional covenants related to their
obligations or to meet unfunded legal mandates or legally binding
obligations incurred or commitments made prior to the effective date
of this section with respect to which the institution had identified
such fee increases as the source of funds. Any increase required by
such covenants and any such mandates, obligations, or commitments
shall be reported by the Chancellor of Higher Education to the
Controlling Board. These limitations may also be modified by the
Chancellor, with the approval of the Controlling Board, to respond to
exceptional circumstances as identified by the Chancellor.

(C)
Institutions offering an undergraduate tuition guarantee pursuant to
section 3345.48 of the Revised Code may increase instructional and
general fees pursuant to that section.

Section
381.270.
HIGHER
EDUCATION - BOARD OF TRUSTEES

(A)
Funds appropriated for instructional subsidies at colleges and
universities may be used to provide such branch or other off-campus
undergraduate courses of study and such master's degree courses of
study as may be approved by the Chancellor of Higher Education.

(B)
In providing instructional and other services to students, boards of
trustees of state institutions of higher education shall supplement
state subsidies with income from charges to students. Except as
otherwise provided in this act, each board shall establish the fees
to be charged to all students, including an instructional fee for
educational and associated operational support of the institution and
a general fee for noninstructional services, including locally
financed student services facilities used for the benefit of enrolled
students. The instructional fee and the general fee shall encompass
all charges for services assessed uniformly to all enrolled students.
Each board may also establish special purpose fees, service charges,
and fines as required; such special purpose fees and service charges
shall be for services or benefits furnished individual students or
specific categories of students and shall not be applied uniformly to
all enrolled students. A tuition surcharge shall be paid by all
students who are not residents of Ohio.

The
board of trustees of a state institution of higher education shall
not authorize a waiver or nonpayment of instructional fees or general
fees for any particular student or any class of students other than
waivers specifically authorized by law or approved by the Chancellor.
This prohibition is not intended to limit the authority of boards of
trustees to provide for payments to students for services rendered
the institution, nor to prohibit the budgeting of income for staff
benefits or for student assistance in the form of payment of such
instructional and general fees.

Each
board may authorize a lower differential tuition rate of
instructional or general fees equal to the default rate options
provided under the College Credit Plus Program pursuant to Chapter
3365. of the Revised Code or equal to rates established pursuant to
an agreement for an alternative payment structure pursuant to section
3365.07 of the Revised Code for nonpublic and home schooled students
participating in that program that are not publicly funded. Each
board may establish a lower differential tuition rate for in-state
undergraduate instructional fees or general fees for students
enrolled exclusively in online courses, as well as a lower
differential tuition rate for the surcharge for nonresidents enrolled
exclusively in online courses, provided a surcharge is still
assessed.

Each
board may authorize a lower tuition rate for courses taken by high
school students that do not qualify for funding under the College
Credit Plus program under section 3365.07 of the Revised Code. These
tuition rates must align with the institution's tuition rates charged
for courses eligible for funding under the College Credit Plus
Program.

Each
state institution of higher education in its statement of charges to
students shall separately identify the instructional fee, the general
fee, the tuition charge, and the tuition surcharge. Fee charges to
students for instruction shall not be considered to be a price of
service but shall be considered to be an integral part of the state
government financing program in support of higher educational
opportunity for students.

(C)
The boards of trustees of state institutions of higher education
shall ensure that faculty members devote a proper and judicious part
of their work week to the actual instruction of students. Total class
credit hours of production per academic term per full-time faculty
member is expected to meet the standards set forth in the budget data
submitted by the Chancellor.

(D)
The authority of government vested by law in the boards of trustees
of state institutions of higher education shall in fact be exercised
by those boards. Boards of trustees may consult extensively with
appropriate student and faculty groups. Administrative decisions
about the utilization of available resources, about organizational
structure, about disciplinary procedure, about the operation and
staffing of all auxiliary facilities, and about administrative
personnel shall be the exclusive prerogative of boards of trustees.
Any delegation of authority by a board of trustees in other areas of
responsibility shall be accompanied by appropriate standards of
guidance concerning expected objectives in the exercise of such
delegated authority and shall be accompanied by periodic review of
the exercise of this delegated authority to the end that the public
interest, in contrast to any institutional or special interest, shall
be served.

Section
381.280.
WAR
ORPHANS AND SEVERELY DISABLED VETERANS' CHILDREN SCHOLARSHIPS

The
foregoing appropriation item 235504, War Orphans and Severely
Disabled Veterans' Children Scholarships, shall be used to reimburse
state institutions of higher education for waivers of instructional
fees and general fees provided by them, to provide grants to
institutions that have received a certificate of authorization from
the Chancellor of Higher Education under Chapter 1713. of the Revised
Code, in accordance with the provisions of section 5910.04 of the
Revised Code, and to fund additional scholarship benefits provided by
section 5910.032 of the Revised Code.

During
each fiscal year, the Chancellor, as soon as possible after
cancellation, may certify to the Director of Budget and Management
the amount of canceled prior-year encumbrances in appropriation item
235504, War Orphans and Severely Disabled Veterans' Children
Scholarships. Upon receipt of the certification, the Director of
Budget and Management may transfer cash, up to the certified amount,
from the General Revenue Fund to the War Orphans and Severely
Disabled Veterans' Children Scholarship Reserve Fund (Fund 5PW0).

Section
381.290.
STATE
SHARE OF INSTRUCTION RECONCILIATION

By
the first day of September in each fiscal year, or as soon as
possible thereafter, the Chancellor of Higher Education shall certify
to the Director of Budget and Management the amount necessary to pay
any outstanding prior-year obligations to higher education
institutions under the State Share of Instruction formulas, as
determined by the Chancellor. Notwithstanding any provisions of law
to the contrary, the Director of Budget and Management, upon the
request of the Chancellor, may transfer cash in an amount up to the
amounts certified for State Share of Instruction reconciliation from
the State Financial Aid Reconciliation Fund (Fund 5Y50) to the
General Revenue Fund. The amounts certified for State Share of
Instruction reconciliation are hereby appropriated to appropriation
item 235505, State Share of Instruction Reconciliation.

Section
381.300.
OHIOLINK

The
foregoing appropriation item 235507, OhioLINK, shall be used by the
Chancellor of Higher Education to support OhioLINK, a consortium
organized under division (T) of section 3333.04 of the Revised Code
to serve as the state's electronic library information and retrieval
system, which provides access statewide to an extensive set of
electronic databases and resources, the library holdings of Ohio's
public and participating private nonprofit colleges and universities,
and the State Library of Ohio.

Section
381.310.
AIR
FORCE INSTITUTE OF TECHNOLOGY

(A)
Of the foregoing appropriation item 235508, Air Force Institute of
Technology, $75,000 in each fiscal year shall be allocated to the
Aerospace Professional Development Center in Dayton for statewide
workforce development services in the aerospace industry.

(B)
The remainder of the foregoing appropriation item 235508, Air Force
Institute of Technology, shall be used to do both of the following:

(1)
Strengthen the research and educational linkages between the Wright
Patterson Air Force Base and institutions of higher education in
Ohio; and

(2)
Support the Defense Associated Graduate Student Innovators, an
engineering graduate consortium of Wright State University, the
University of Dayton, and the Air Force Institute of Technology, with
the participation of the University of Cincinnati and The Ohio State
University.

Section
381.320.
OHIO
SUPERCOMPUTER CENTER

The
foregoing appropriation item 235510, Ohio Supercomputer Center, shall
be used by the Chancellor of Higher Education to support the
operation of the Ohio Supercomputer Center, a consortium organized
under division (T) of section 3333.04 of the Revised Code, located at
The Ohio State University. The Ohio Supercomputer Center is a
statewide resource available to Ohio research universities both
public and private. It is also intended that the center be made
accessible to private industry as appropriate.

The
Ohio Supercomputer Center's services shall support Ohio's colleges,
universities, and businesses to make Ohio a leader in using
computational science, modeling, and simulation to promote higher
education, research, and economic competitiveness.

Section
381.330.
THE
OHIO STATE UNIVERSITY EXTENSION SERVICE

The
foregoing appropriation item 235511, The Ohio State University
Extension Service, shall be disbursed through the Chancellor of
Higher Education to The Ohio State University in monthly payments,
unless otherwise determined by the Director of Budget and Management
under section 126.09 of the Revised Code.

Section
381.340.
CENTRAL
STATE SUPPLEMENT

The
foregoing appropriation item 235514, Central State Supplement, shall
be disbursed by the Chancellor of Higher Education to Central State
University. Funds shall be used in a manner consistent with the goals
of increasing enrollment, improving course completion, and increasing
the number of degrees conferred.

Section
381.350.
CASE
WESTERN RESERVE UNIVERSITY SCHOOL OF MEDICINE

The
foregoing appropriation item 235515, Case Western Reserve University
School of Medicine, shall be disbursed to Case Western Reserve
University through the Chancellor of Higher Education in accordance
with agreements entered into under section 3333.10 of the Revised
Code, provided that the state support per full-time medical student
shall not exceed that provided to full-time medical students at state
universities.

Section
381.360.
FAMILY
PRACTICE

The
foregoing appropriation item 235519, Family Practice, shall be
distributed in each fiscal year, based on each medical school's share
of residents placed in a family practice and graduates practicing in
a family practice.

Section
381.370.
SHAWNEE
STATE SUPPLEMENT

The
foregoing appropriation item 235520, Shawnee State Supplement, shall
be disbursed by the Chancellor of Higher Education to Shawnee State
University. Funds shall be used in a manner consistent with the goals
of improving course completion, increasing the number of degrees
conferred, and furthering the university's mission of service to the
Appalachian region.

Section
381.380.
GERIATRIC
MEDICINE

The
Chancellor of Higher Education shall distribute appropriation item
235525, Geriatric Medicine, consistent with existing criteria and
guidelines.

Section
381.390.
PRIMARY
CARE RESIDENCIES

The
foregoing appropriation item 235526, Primary Care Residencies, shall
be distributed in each fiscal year, based on each medical school's
share of residents placed in a primary care field and graduates
practicing in a primary care field.

Section
381.400.
GOVERNOR'S
MERIT SCHOLARSHIP

(A)
The foregoing appropriation item 235530, Governor's Merit
Scholarship, shall be used by the Chancellor of Higher Education to
administer the Governor's Merit Scholarship Program and to award
merit-based aid to qualifying institutions on behalf of eligible
students. Funds awarded under this section shall be used in a manner
consistent with the goal of allowing high-achieving high school
graduates to remain in Ohio to pursue their post-secondary studies
and contribute to Ohio's expanding economic opportunities.

(B)
In awarding funds under this section, and to the extent that funds
are sufficient to do so, the Chancellor shall provide per-student
awards of $5,000 per academic year to eligible students determined to
be in the top five per cent of their public or nonpublic high school
graduating class at the end of their junior year, as determined by
their public or nonpublic high school using criteria established by
the Chancellor in consultation with the Director of Education and
Workforce. School districts and nonpublic high schools shall provide
the information as requested by the Chancellor to determine
scholarship eligibility. Eligible students shall receive an award for
up to the equivalent of four academic years of instruction at a
qualifying institution, contingent on satisfactory academic progress.

(C)
The Chancellor, in consultation with the Director, shall determine
eligibility for graduating high school students who were home
schooled to provide a level of access to the program described in
this section that is reasonably commensurate with the merit-based
criteria used to determine eligibility for students graduating from a
public or nonpublic high school.

(D)
The Governor's Merit Scholarship shall be used to pay eligible
expenses, as determined by the Chancellor, included within the
published cost of attendance at a qualifying institution.

(E)
A qualifying institution shall not make changes to scholarship or
financial aid programs offered by that institution that have the goal
or net effect of shifting the cost burden of those programs to the
program described in this section. Institutions of higher education
that enroll students receiving merit-based financial aid grants under
this section shall maintain the same level of merit-based financial
aid the institution provided in the most recent academic year in the
aggregate to all students or on a per-student basis.

(F)
Notwithstanding any provision of law to the contrary, the Chancellor
may establish guidelines for the purpose of implementing this
section, except that the Chancellor shall not place limits on the
number of students receiving an award under this section that enroll
at a qualifying institution.

(G)
As used in this section, "qualifying institution" means any
of the following:

(1)
A state institution of higher education, as defined in section
3345.011 of the Revised Code;

(2)
A private nonprofit institution of higher education holding a
certificate of authorization under Chapter 1713. of the Revised Code.

Section
381.410.
PROGRAM
AND PROJECT SUPPORT

Of
the foregoing appropriation item 235533, Program and Project Support,
$7,000,000 in fiscal year 2026 shall be distributed to Miami
University to establish the Ohio Institute for Quantum Computing
Research, Talent, and Commercialization and an urban bridge to
Cleveland.

Of
the foregoing appropriation item 235533, Program and Project Support,
$200,000 in each fiscal year shall be used to support the University
of Dayton Statehouse Civic Scholars Program.

Of
the foregoing appropriation item 235533, Program and Project Support,
$935,000 in fiscal year 2026 shall be allocated to support Ashland
University's Military and Veterans Services program.

Of
the foregoing appropriation item 235533, Program and Project Support,
$250,000 in each fiscal year shall be allocated to Kent State
University to support its women's wrestling program.

Of
the foregoing appropriation item 235533, Program and Project Support,
$350,000 in fiscal year 2026 shall be distributed to Sinclair
Community College for the purchase of equipment for manufacturing
education in Ohio's correctional institutions that will support
training leading to industry credentials valued by manufacturing
employers, as determined by support of a regional manufacturing
industry sector partnership endorsed by the Ohio Manufacturer's
Association.

Of
the foregoing appropriation item 235533, Program and Project Support,
$500,000 in each fiscal year shall be distributed to the Strategic
Ohio Council on Higher Education to support the Ohio Intern Academy
program.

Of
the foregoing appropriation item 235533, Program and Project Support,
$100,000 in fiscal year 2026 shall be allocated to support Ashland
University's Ashbrook Center civics education K-12 teacher training
and student learning initiative.

Of
the foregoing appropriation item 235533, Program and Project Support,
$100,000 in each fiscal year shall be allocated to support the Kent
State University Rising Scholars Program.

Section
381.420.
OHIO
STATE AGRICULTURAL RESEARCH

The
foregoing appropriation item 235535, Ohio State Agricultural
Research, shall be disbursed through the Chancellor of Higher
Education to The Ohio State University in monthly payments, unless
otherwise determined by the Director of Budget and Management under
section 126.09 of the Revised Code.

The
Ohio Agricultural Research and Development Center, an entity of the
College of Food, Agricultural, and Environmental Sciences of The Ohio
State University, shall further its mission of enhancing Ohio's
economic development and job creation by continuing to internally
allocate on a competitive basis appropriated funding of programs
based on demonstrated performance. Academic units, faculty, and
faculty-driven programs shall be evaluated and rewarded consistent
with agreed-upon performance expectations as called for in the
College's Expectations and Criteria for Performance Assessment.

Section
381.430.
STATE
UNIVERSITY CLINICAL TEACHING

The
foregoing appropriation items 235536, The Ohio State University
Clinical Teaching; 235537, University of Cincinnati Clinical
Teaching; 235538, University of Toledo Clinical Teaching; 235539,
Wright State University Clinical Teaching; 235540, Ohio University
Clinical Teaching; and 235541, Northeast Ohio Medical University
Clinical Teaching, shall be distributed through the Chancellor of
Higher Education.

Of
the foregoing appropriation item 235539, Wright State University
Clinical Teaching, $1,500,000 in each fiscal year shall be used to
support the Aerospace Medicine and Human Performance Center at Wright
State University.

Section
381.440.
CENTRAL
STATE AGRICULTURAL RESEARCH AND DEVELOPMENT

The
foregoing appropriation item 235546, Central State Agricultural
Research and Development, shall be used in conjunction with
appropriation item 235548, Central State Cooperative Extension
Services, by Central State University for its state match requirement
as an 1890 land grant university.

Section
381.450.
CAPITAL
COMPONENT

The
foregoing appropriation item 235552, Capital Component, shall be used
by the Chancellor of Higher Education to provide funding for prior
commitments made pursuant to the state's former capital funding
policy for state colleges and universities that was originally
established in H.B. 748 of the 121st General Assembly.

Appropriations
from this item shall be distributed to all campuses for which the
estimated campus debt service attributable to qualifying capital
projects was less than the campus's formula-determined capital
component allocation. Campus allocations shall be determined by
subtracting the estimated campus debt service attributable to
qualifying capital projects from the campus's formula-determined
capital component allocation. Moneys distributed from this
appropriation item shall be restricted to capital-related purposes.

Any
campus for which the estimated campus debt service attributable to
qualifying capital projects is greater than the campus's
formula-determined capital component allocation shall have the
difference subtracted from its State Share of Instruction allocation
in each fiscal year. Appropriation equal to the sum of all such
amounts shall be transferred from appropriation item 235501, State
Share of Instruction, to appropriation item 235552, Capital
Component.

Section
381.460.
LIBRARY
DEPOSITORIES

The
foregoing appropriation item 235555, Library Depositories, shall be
distributed to the state's five regional depository libraries for the
cost-effective storage of and access to lesser-used materials in
university library collections. The depositories shall be
administrated by the Chancellor of Higher Education, or by OhioLINK
at the discretion of the Chancellor.

Section
381.470.
OHIO
ACADEMIC RESOURCES NETWORK (OARNET)

The
foregoing appropriation item 235556, Ohio Academic Resources Network,
shall be used by the Chancellor of Higher Education to support the
operations of the Ohio Academic Resources Network, a consortium
organized under division (T) of section 3333.04 of the Revised Code,
which shall include support for Ohio's colleges and universities in
maintaining and enhancing network connections, using new network
technologies to improve research, education, and economic development
programs, and sharing information technology services. To the extent
network capacity is available, OARnet shall support allocating
bandwidth to eligible programs directly supporting Ohio's economic
development.

Section
381.480.
LONG-TERM
CARE RESEARCH

The
foregoing appropriation item 235558, Long-term Care Research, shall
be disbursed to Miami University for long-term care research.

Section
381.490.
OHIO
COLLEGE OPPORTUNITY GRANT

(A)(1)
As used in this section:

(a)
"Eligible institution" means any institution described in
divisions(B)(2)(a) to (c) of section 3333.122 of the Revised Code.

(b)
The three "sectors" of institutions of higher education
consist of the following:

(i)
State colleges and universities, community colleges, state community
colleges, university branches, and technical colleges;

(ii)
Eligible private nonprofit institutions of higher education;

(iii)
Eligible private for-profit career colleges and schools.

(2)(a)
Awards under section 3333.122 of the Revised Code shall be as follows
for fiscal year 2026 and fiscal year 2027:

(i)
$4,000 per student at a state institution of higher education;

(ii)
$5,000 per student at an eligible nonprofit institution of higher
education;

(iii)
$2,000 per student at a private for-profit career college or school.

(b)
For students attending an eligible institution year-round, awards may
be distributed on an annual basis, once Pell grants have been
exhausted.

(3)
Notwithstanding anything to the contrary in section 3333.122 of the
Revised Code, the Chancellor of Higher Education shall make awards
under that section in fiscal year 2026 and fiscal year 2027 to
students with a student aid index, or any federal successor, of three
thousand seven hundred fifty or less.

(4)
If the Chancellor determines that the amounts appropriated for
support of the Ohio College Opportunity Grant program are inadequate
to provide grants to all eligible students as specified under
division (D) of section 3333.122 of the Revised Code, the Chancellor
may follow methods established in division (C)(1)(a) or (b) of
section 3333.122 of the Revised Code. If the Chancellor determines
that reductions in award amounts are necessary, the Chancellor shall
reduce the award amounts proportionally among the sectors of
institutions specified in division (A)(1) of this section in a manner
determined by the Chancellor. The Chancellor shall notify the
Controlling Board of the distribution method. Any formula calculated
under this division shall be complete and established to coincide
with the start of each academic year.

(B)
Prior to determining the amount of funds available to award under
this section and section 3333.122 of the Revised Code, the Chancellor
shall use the foregoing appropriation item 235563, Ohio College
Opportunity Grant, to pay for waivers of tuition and student fees for
eligible students under the Ohio Safety Officer's College Memorial
Fund Program under section 3333.26 of the Revised Code and for grants
to qualifying institutions on behalf of eligible students under the
adoption grant program established under section 3333.128 of the
Revised Code.

In
each fiscal year, with the exception of sections 3333.121 and
3333.124 of the Revised Code and the section of this act entitled
"STATE FINANCIAL AID RECONCILIATION," the Chancellor shall
not distribute or obligate or commit to be distributed an amount
greater than what is appropriated under the foregoing appropriation
item 235563, Ohio College Opportunity Grant.

(C)
The Chancellor shall establish, and post on the Department of Higher
Education's web site, award tables based on the amounts specified
under division (A) of this section. The Chancellor shall notify
students and institutions of any reductions in awards.

(D)
Notwithstanding section 3333.122 of the Revised Code, no student
shall be eligible to receive an Ohio College Opportunity Grant for
more than ten semesters, fifteen quarters, or the equivalent of five
academic years, less the number of semesters or quarters in which the
student received an Ohio Instructional Grant.

(E)
During each fiscal year, the Chancellor, as soon as possible after
cancellation, may certify to the Director of Budget and Management
the amount of canceled prior-year encumbrances in appropriation item
235563, Ohio College Opportunity Grant. Upon receipt of the
certification, the Director of Budget and Management may transfer
cash, up to the certified amount, from the General Revenue Fund to
the Ohio College Opportunity Grant Program Reserve Fund (Fund 5PU0).

(F)
No eligible institution that enrolls Ohio College Opportunity Grant
recipients shall make any change to its scholarship or financial aid
programs with the goal or net effect of shifting the cost burden of
those programs to the Ohio College Opportunity Grant program.

Each
eligible institution that enrolls Ohio College Opportunity Grant
recipients shall provide at least the same level of needs-based
financial aid to its students as it provided in the immediately prior
academic year in terms of either the aggregate aid to all students or
on a per student basis. The Chancellor may grant an eligible
institution a temporary waiver from that requirement if the
Chancellor determines exceptional circumstances make it necessary.
The Chancellor shall determine the terms of the waiver.

Section
381.500.
THE
OHIO STATE UNIVERSITY COLLEGE OF VETERINARY MEDICINE SUPPLEMENT

The
foregoing appropriation item 235569, The Ohio State University
College of Veterinary Medicine Supplement, shall be distributed
through the Chancellor of Higher Education to The Ohio State
University College of Veterinary Medicine in order to increase
enrollment of Ohio students, with the goal that seventy per cent of
the students entering the college in the 2026-2027 academic year be
Ohio students.

Section
381.510.
THE
OHIO STATE UNIVERSITY CLINIC SUPPORT

The
foregoing appropriation item 235572, The Ohio State University Clinic
Support, shall be distributed through the Chancellor of Higher
Education to The Ohio State University for support of dental and
veterinary medicine clinics.

Section
381.520.
FEDERAL
RESEARCH NETWORK

The
foregoing appropriation item 235578, Federal Research Network, shall
be allocated to The Ohio State University to collaborate with federal
installations in Ohio, state institutions of higher education as
defined in section 3345.011 of the Revised Code, private nonprofit
institutions of higher education holding certificates of
authorization under Chapter 1713. of the Revised Code, and the
private sector to align the state's research assets with emerging
missions and job growth opportunities emanating from federal
installations, strengthen related workforce development and
technology commercialization programs, and better position the
state's university system to directly impact new job creation in
Ohio. A portion of the foregoing appropriation item 235578, Federal
Research Network, shall be used to support the growth of small
business federal contractors in the state and to expand the
participation of Ohio businesses in the federal Small Business
Innovation Research Program and related federal programs.

Section
381.525.
EDUCATOR
PREPARATION PROGRAMS

The
foregoing appropriation item 235585, Educator Preparation Programs,
shall be used by the Chancellor of Higher Education to implement and
administer sections 3333.048, 3333.049, 3333.0411, and 3333.0419 of
the Revised Code or other educator preparation programs, such as the
Ohio Teacher Apprenticeship Program, as determined by the Chancellor.

Notwithstanding
any provision of law to the contrary, beginning with the first full
academic year following the adoption of new standards, each educator
preparation program at an institution of higher education shall
include in its curriculum standards for social studies that align
with the standards adopted by the Department of Education and
Workforce to ensure that educators and other school personnel are
adequately prepared and trained in social studies.

Within
six months of the beginning of the first full academic year in which
the new standards are used, the Chancellor shall complete a review
and evaluation process to assess the degree to which every educator
preparation program at an institution of higher education is teaching
social studies in alignment with the standards.

Section
381.530.
CO-OP
INTERNSHIP PROGRAM

Of
the foregoing appropriation item 235591, Co-Op Internship Program,
$165,000 in each fiscal year shall be used to support the operations
of Ohio University's Voinovich School.

Of
the foregoing appropriation item 235591, Co-Op Internship Program,
$75,000 in each fiscal year shall be used to support the Model United
Nations Program at Wright State University.

Of
the foregoing appropriation item 235591, Co-Op Internship Program,
$75,000 in each fiscal year shall be used to support the operations
of The Ohio State University's John Glenn College of Public Affairs.

Of
the foregoing appropriation item 235591, Co-Op Internship Program,
$75,000 in each fiscal year shall be used to support the Bliss
Institute of Applied Politics at the University of Akron.

Of
the foregoing appropriation item 235591, Co-Op Internship Program,
$75,000 in each fiscal year shall be used to support the Center for
Public Management and Regional Affairs at Miami University.

Of
the foregoing appropriation item 235591, Co-Op Internship Program,
$75,000 in each fiscal year shall be used to support the Student
Mentoring and Career Development Program at the Levin College
Advancing Public Service Professionals at Cleveland State University.

Of
the foregoing appropriation item 235591, Co-Op Internship Program,
$75,000 in each fiscal year shall be used to support the University
of Cincinnati Internship Program.

Of
the foregoing appropriation item 235591, Co-Op Internship Program,
$75,000 in each fiscal year shall be used to support the Kent State
University Washington Program in National Issues.

Of
the foregoing appropriation item 235591, Co-Op Internship Program,
$75,000 in each fiscal year shall be used to support the Kent State
University Columbus Program.

Of
the foregoing appropriation item 235591, Co-Op Internship Program,
$75,000 in each fiscal year shall be used to support the University
of Toledo Urban Affairs Center.

Of
the foregoing appropriation item 235591, Co-Op Internship Program,
$75,000 in each fiscal year shall be used to support the Shawnee
State University Institute for Appalachian Public Policy.

Of
the foregoing appropriation item 235591, Co-Op Internship Program,
$75,000 in each fiscal year shall be used to support the Center for
Regional Development at Bowling Green State University.

Of
the foregoing appropriation item 235591, Co-Op Internship Program,
$75,000 in each fiscal year shall be used to support the Initiative
for Community and Regional Development at Youngstown State
University.

Section
381.540.
COMMERCIAL
TRUCK DRIVER STUDENT AID PROGRAM

The
foregoing appropriation item 235595, Commercial Truck Driver Student
Aid Program, shall be used by the Chancellor of Higher Education to
administer and provide grants and loans under the Commercial Truck
Driver Student Aid Program established in section 3333.125 of the
Revised Code.

Section
381.560.
NATIONAL
GUARD SCHOLARSHIP PROGRAM

The
Chancellor of Higher Education shall disburse funds from
appropriation item 235599, National Guard Scholarship Program. During
each fiscal year, the Chancellor, as soon as possible after
cancellation, may certify to the Director of Budget and Management
the amount of canceled prior-year encumbrances in appropriation item
235599, National Guard Scholarship Program. Upon receipt of the
certification, the Director of Budget and Management may transfer
cash, up to the certified amount, from the General Revenue Fund to
the National Guard Scholarship Reserve Fund (Fund 5BM0). A portion of
the foregoing appropriation item 235599, National Guard Scholarship
Program, may be used to administer the program with the concurrence
of the Adjutant General.

Section
381.565.
OHIO
HIGHER EDUCATION PUBLIC POLICY RESEARCH CONSORTIUM

Of
the foregoing appropriation item 2355A4, Ohio Higher Education Public
Policy Research Consortium, $75,000 in each fiscal year may be used
by the Chancellor of Higher Education to establish and administer the
Ohio Higher Education Public Policy Research Consortium pursuant to
section 3333.952 of the Revised Code.

The
remainder of the foregoing appropriation item 2355A4, Ohio Higher
Education Public Policy Research Consortium, shall be used by the
Chancellor to award competitive research grants pursuant to division
(B) of section 3333.952 of the Revised Code.

Section
381.570.
PLEDGE
OF FEES

Any
new pledge of fees, or new agreement for adjustment of fees, made in
the biennium ending June 30, 2027, to secure bonds or notes of a
state institution of higher education for a project for which bonds
or notes were not outstanding on the effective date of this section,
to secure a refund of prior debt that is anticipated to increase the
total cost of retiring the original debt, or to extend the period in
which that full debt is retired shall be effective only after
approval by the Chancellor of Higher Education, unless approved in a
previous biennium.

Section
381.580.
HIGHER
EDUCATION GENERAL OBLIGATION BOND DEBT SERVICE

The
foregoing appropriation item 235909, Higher Education General
Obligation Bond Debt Service, shall be used to pay all debt service
and related financing costs during the period from July 1, 2025,
through June 30, 2027, for obligations issued under sections 151.01
and 151.04 of the Revised Code.

Section
381.590.
SALES
AND SERVICES

The
Chancellor of Higher Education is authorized to charge and accept
payment for the provision of goods and services. Such charges shall
be reasonably related to the cost of producing the goods and
services. Except as otherwise provided by law, no charges may be
levied for goods or services that are produced as part of the routine
responsibilities or duties of the Chancellor. All revenues received
by the Chancellor shall be deposited into Fund 4560 and may be used
by the Chancellor to pay for the costs of producing the goods and
services.

Section
381.600.
HIGHER
EDUCATIONAL FACILITY COMMISSION ADMINISTRATION

The
foregoing appropriation item 235602, Higher Educational Facility
Commission Administration, shall be used by the Chancellor of Higher
Education for operating expenses related to the Chancellor's support
of the activities of the Ohio Higher Educational Facility Commission.
Upon the request of the Chancellor, the Director of Budget and
Management may transfer cash in an amount up to the amount
appropriated from the foregoing appropriation item 235602, Higher
Educational Facility Commission Administration, in each fiscal year
from the HEFC Operating Expenses Fund (Fund 4610) to the HEFC
Administration Fund (Fund 4E80).

Section
381.635.
SUPER
RAPIDS

(A)
Of the foregoing appropriation item 235688, Super RAPIDS, up to
$2,500,000 in fiscal year 2026 shall be distributed to Youngstown
State University for assistance with enrolling new students and
taking over building operations from Eastern Gateway Community
College.

(B)(1)
The remainder of the foregoing appropriation item 235688, Super
RAPIDS, shall be used by the Governor's Office of Workforce
Transformation and the Chancellor of Higher Education to support
collaborative projects among qualifying institutions to strengthen
education and training opportunities that maximize workforce
development efforts in defined areas of the state. These funds shall
be used to support efforts that build capacity, remove employment and
training barriers for prospective and unemployed workers, develop and
strengthen business-led strategies in the impacted industries, and
provide local guided solutions to employment for communities in
economic transition. Under the program, the Chancellor shall
distribute funds to Ohio regions or subsets of regions, as defined by
the Governor's Office of Workforce Transformation.

Of
these funds, a portion in each fiscal year may be used by the
Governor's Office of Workforce Transformation to meet urgent
workforce development and job creation needs throughout the state.

(2)
The Governor's Office of Workforce Transformation shall consult with
the Department of Development, the Chancellor, and other stakeholders
as determined to be appropriate, when defining regions and awarding
funds under this division.

(3)
The Chancellor and the Governor's Office of Workforce Transformation
shall develop and use a proposal and review process to award funds
under the program. In reviewing proposals and making awards, priority
shall be given to proposals that demonstrate all of the following:

(a)
Clear compliance with all applicable state and federal rules and
regulations;

(b)
Collaboration between and among state institutions of higher
education, as defined in section 3345.011 of the Revised Code, Ohio
Technical Centers, and other education and workforce-related entities
as determined to be appropriate by the Governor's Office of Workforce
Transformation and the Department of Higher Education;

(c)
Evidence of meaningful business support and engagement;

(d)
Identification of targeted occupations and industries supported by
data, which sources shall include the Governor's Office of Workforce
Transformation, OhioMeansJobs, labor market information from the
Department of Job and Family Services, and lists of in-demand
occupations;

(e)
Sustainability beyond the grant period with the opportunity to
provide continued value and impact to the region;

(f)
Evidence of a strong commitment to invest in one or more of the
following areas:

(i)
Broadband/5G;

(ii)
Cybersecurity;

(iii)
Healthcare;

(iv)
Transportation;

(v)
Advanced manufacturing;

(vi)
Trades.

(4)
As used in division (B) of this section:

"Qualifying
institution" means any of the following:

(a)
A state institution of higher education, as defined in section
3345.011 of the Revised Code;

(b)
An Ohio Technical Center, as defined in section 3333.94 of the
Revised Code;

(c)
Other secondary and postsecondary education and workforce-related
entities, as determined by the Chancellor.

Section
381.640.
STATE
FINANCIAL AID RECONCILIATION

By
the first day of September in each fiscal year, or as soon as
possible thereafter, the Chancellor of Higher Education shall certify
to the Director of Budget and Management the amount necessary to pay
any outstanding prior year obligations to higher education
institutions for the state's financial aid programs. The amounts
certified are hereby appropriated to appropriation item 235618, State
Financial Aid Reconciliation, from revenues received in the State
Financial Aid Reconciliation Fund (Fund 5Y50).

Section
381.650.
SECOND
CHANCE GRANT PROGRAM

The
foregoing appropriation item 235494, Second Chance Grant Program,
shall be distributed by the Chancellor of Higher Education to
qualifying institutions of higher education and Ohio Technical
Centers to provide grants to eligible students under the Second
Chance Grant Program established in section 3333.127 of the Revised
Code.

RURAL
PRACTICE INCENTIVE PROGRAM

The
foregoing appropriation item 235426, Rural Practice Incentive
Program, shall be used to provide loan repayments on behalf of
certain attorneys as described in section 3333.131 of the Revised
Code.

Section
381.655.
GROW
YOUR OWN TEACHER PROGRAM

The
foregoing appropriation item 235592, Grow Your Own Teacher Program,
shall be used by the Chancellor of Higher Education to implement and
administer the Grow Your Own Teacher Program pursuant to sections
3333.393 and 3333.394 of the Revised Code and the Ohio Teacher
Apprenticeship Program.

Section
381.660.
NURSING
LOAN PROGRAM

The
foregoing appropriation item 235606, Nursing Loan Program, shall be
used to administer the nurse education assistance program.

Section
381.670.
RESEARCH
INCENTIVE THIRD FRONTIER - TAX

(A)
The foregoing appropriation item 235639, Research Incentive Third
Frontier - Tax, shall be used by the Chancellor of Higher Education
to advance collaborative research at institutions of higher
education. Of the foregoing appropriation item 235639, Research
Incentive Third Frontier - Tax, a portion in each fiscal year shall
be used by the Chancellor to support and promote research that is
intended to be commercialized. Research funded under division (A) of
this section shall include a condition that the discoveries,
inventions, or patents developed therein be retained by the
researcher, unless all or a portion of the interests therein are
specifically granted to the state college or university at which the
researcher is employed. In reviewing proposals and making awards
under division (A) of this section, the Chancellor may enlist the
assistance of the Ohio Technology Transfer Officer's Council.

(B)
Of the foregoing appropriation item 235639, Research Incentive Third
Frontier - Tax, up to $2,000,000 in each fiscal year may be allocated
toward research regarding the improvement of water quality, up to
$750,000 in each fiscal year may be allocated for spinal cord
research, up to $750,000 in each fiscal year may be allocated toward
research regarding cyber security initiatives, up to $300,000 in each
fiscal year may be allocated toward the I-Corps@Ohio program, and up
to $200,000 in each fiscal year may be allocated toward the Ohio
Innovation Exchange program.

Section
381.680.
VETERANS
PREFERENCES

The
Chancellor of Higher Education shall work with the Department of
Veterans Services to develop specific veterans preference guidelines
for higher education institutions. These guidelines shall ensure that
the institutions' hiring practices are in accordance with the intent
of Ohio's veterans' preference laws.

Section
381.690.
(A)
As used in this section:

(1)
"Board of trustees" includes the managing authority of a
university branch district.

(2)
"State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.

(B)
The board of trustees of any state institution of higher education,
notwithstanding any rule of the institution to the contrary, may
adopt a policy providing for mandatory furloughs of employees,
including faculty, to achieve spending reductions necessitated by
institutional budget deficits.

Section
381.700.
EFFICIENCY
REPORTS

In
each fiscal year, the board of trustees of each public institution of
higher education shall approve the institution's efficiency report
submitted to the Chancellor of Higher Education under section 3333.95
of the Revised Code.

MEDICAL
EDUCATION POST-GRADUATION RESIDENCY REPORTS

For
each fiscal year, each institution of higher education that receives
funds from the foregoing appropriation items 235515, Case Western
Reserve University School of Medicine, 235519, Family Practice,
235525, Geriatric Medicine, 235526, Primary Care Residencies, 235536,
The Ohio State University Clinical Teaching, 235537, University of
Cincinnati Clinical Teaching, 235538, University of Toledo Clinical
Teaching, 235539, Wright State University Clinical Teaching, 235540,
Ohio University Clinical Teaching, 235541, Northeast Ohio Medical
University Clinical Teaching, 235543, Kent State University College
of Podiatric Medicine Clinic Subsidy, 235558, Long-term Care
Research, and 235572, The Ohio State University Clinic Support, shall
report to the Chancellor of Higher Education the residency status of
graduates from the respective programs receiving support from those
appropriation items one year and five years after graduating.

Section
381.710.
The
Chancellor of Higher Education shall support the continued
development of the Ohio Innovation Exchange for the purpose of
showcasing the research expertise of Ohio's university and college
faculty in a variety of fields, including, but not limited to,
engineering, biomedicine, and information technology, and to identify
institutional research equipment available in the state.

Section
381.730.
EASTERN
GATEWAY COMMUNITY COLLEGE

The
Chancellor of Higher Education, in consultation with postsecondary
educational institutions and other stakeholders as determined to be
appropriate, shall monitor and evaluate the ongoing availability of
postsecondary educational offerings within the four-county service
district formerly served by Eastern Gateway Community College. To the
extent practicable, the Chancellor shall seek to ensure a strong
continuity of postsecondary educational access to residents of the
region, with a particular focus on access to programs aligned with
regional workforce priorities. If determined to be necessary, the
Chancellor may seek to achieve favorable outcomes by engaging with
other postsecondary educational institutions to encourage
uninterrupted access to educational opportunities. This may include,
but not be limited to, outcomes associated with academic program
offerings, program-related equipment, or physical facilities.

Section
381.740.
CREDENTIAL
AND WORK EXPERIENCE CONSIDERATION

Prior
to admitting any students applying for enrollment after July 1, 2025,
each state institution of higher education, as defined in section
3345.011 of the Revised Code, shall consider an applicant's work
experience and credentials earned as part of the admissions process.
An applicant's work experience or credential does not need to align
to the program or discipline the applicant is seeking to pursue to be
considered by the state institution as a positive reason to accept
the applicant as a student at the institution.

At
the time of the student's acceptance, an institution shall either
grant credit for prior learning or experience or detail the potential
opportunities and required documentation needed to grant such credit
based on the review of the student's specific information provided in
the application.

Section
381.750.
GENERAL
EDUCATION REQUIREMENTS

(A)
Not later than December 31, 2026, the board of trustees of each state
institution of higher education, as defined in section 3345.011 of
the Revised Code, shall formally review and evaluate the components
of the state institution's general education curriculum and adopt a
resolution acknowledging the board's completion of that review. Each
board shall submit a copy of its resolution to the Chancellor of
Higher Education.

(B)
Not later than March 31, 2027, the board of trustees of each state
institution of higher education shall formally evaluate the state
institution's general education curriculum to enhance content that
furthers the state's post-secondary education attainment and
workforce goals. In conducting the evaluation, the board shall
consider adjusting the general education curriculum in the following
areas:

(1)
Civics, culture, and society, including United States and Ohio
history, the foundations of American representative government, how
to disagree in a civil manner, and the principles of civil discourse;

(2)
Artificial intelligence, STEM, and computational thinking;

(3)
Entrepreneurship and the principles of innovation;

(4)
Workforce readiness, including fundamental skills necessary for
Ohio's graduates to gain employment in in-demand occupations.

(C)
Not later than June 30, 2027, the board of trustees of each state
institution of higher education shall adopt a resolution summarizing
changes to the state institution's general education curriculum
resulting from the evaluation process and submit a copy of the
resolution to the Chancellor.

(D)
The Chancellor shall provide a copy of each resolution submitted
under this section to the Governor, the President of the Senate, and
the Speaker of the House of Representatives.

(E)
Adjustments made to a state institution of higher education's general
education curriculum pursuant to this section are not exempt from the
requirements of the Chancellor's program approval process.

Section
381.770.
DIRECT
ADMISSIONS

(A)
As used in this section:

(1)
"Academic record" includes grade point average, high school
and college transcript information, standardized assessment scores,
scores on the end-of-course examinations prescribed under section
3301.0712 of the Revised Code, and any other measure of postsecondary
readiness determined appropriate by the Chancellor of Higher
Education.

(2)
"Postsecondary institution" means any of the following:

(a)
A state institution of higher education, as defined in section
3345.011 of the Revised Code;

(b)
A private nonprofit institution of higher education that holds a
certificate of authorization under Chapter 1713. of the Revised Code;

(c)
An Ohio technical center, as defined in section 3333.94 of the
Revised Code.

(3)
"School governing body" means the board of education of a
city, local, exempted village, or joint vocational school district,
the governing authority of a chartered nonpublic school, the
governing authority of a community school established under Chapter
3314. of the Revised Code, or the governing body of a STEM school
established under Chapter 3326. of the Revised Code.

(B)
The Chancellor of Higher Education, in consultation with the Director
of Education and Workforce, shall establish a direct admissions pilot
program to notify students enrolled at participating high schools
about whether they meet the admissions criteria for participating
postsecondary institutions.

Under
the pilot program, the Chancellor shall establish a process that uses
a student's academic record to determine whether the student meets
the admissions requirements. To the extent practicable, and in
accordance with applicable law, the Chancellor shall use existing
primary, secondary, and higher education student information systems
to automate the process and use information held by a participating
student's high school to minimize the need for the student to provide
any additional information.

The
Chancellor shall endeavor to implement the pilot program so that
students graduating in the 2026-2027 school year may participate in
the program.

(C)
The Chancellor may do any of the following:

(1)
Establish eligibility requirements for students, school governing
bodies, and postsecondary institutions who elect to participate in
the pilot program;

(2)
Consult with stakeholders and form advisory councils as necessary to
design and operate the pilot program;

(3)
Terminate the pilot program if the Chancellor determines its
operation is impracticable.

(D)
A school governing body or postsecondary institution shall apply to
participate in the pilot program in a form and manner prescribed by
the Chancellor.

A
participating school governing body may adopt a written policy
authorizing any high school it operates to participate in the pilot
program. Not later than ninety days after the adoption of the policy,
the school governing body shall transmit an electronic copy of the
policy to the Chancellor and the Director of Education and Workforce.

A
participating school governing body shall develop a procedure to
determine whether a student who wants to participate in the pilot
program meets any eligibility requirements established under division
(C) of this section.

(E)
At least once each school year, the Chancellor, in consultation with
the Director of Education and Workforce, shall issue a report on the
pilot program. The Chancellor shall set a deadline for the report's
issuance. The report shall include information about the number of
students who participate in the program. The report also shall
evaluate, to the extent practicable, the impact of the program on
postsecondary outcomes for students from populations traditionally
underserved in higher education.

The
Chancellor shall submit the report to the Governor, the President of
the Senate, the Speaker of the House of Representatives, the Director
of Education and Workforce, the Director of Budget and Management,
and the Governor's Office of Workforce Transformation.

(F)
No student, school governing body, or postsecondary institution shall
be required to participate in the pilot program.

Section
383.10.

1

2

3

4

5

A

DRC
DEPARTMENT OF REHABILITATION AND CORRECTION

B

General
Revenue Fund

C

GRF

501321

Institutional
Operations

$1,487,713,893

$1,559,983,411

D

GRF

501405

Reentry,
Housing, and Support Services

$87,812,700

$90,670,600

E

GRF

501406

Adult
Correctional Facilities Lease Rental Bond Payments

$42,000,000

$60,000,000

F

GRF

501407

Community
Nonresidential Programs

$71,472,947

$74,153,531

G

GRF

501408

Community
Misdemeanor Programs

$10,101,000

$10,555,545

H

GRF

501411

Probation
Improvement and Incentive Grants

$5,512,500

$5,760,562

I

GRF

501501

Community
Residential Programs - Community Based Correctional Facilities

$99,715,600

$100,161,800

J

GRF

503321

Parole
and Community Operations

$135,000,000

$135,000,000

K

GRF

504321

Administrative
Operations

$29,927,970

$31,394,440

L

GRF

505321

Institution
Medical Services

$374,507,269

$397,184,187

M

GRF

506321

Institution
Education Services

$51,496,437

$55,665,093

N

General
Revenue Fund Total

$2,395,260,316

$2,520,529,169

O

Dedicated
Purpose Fund Group

P

4B00

501601

Sewer
Treatment Services

$600,000

$600,000

Q

4D40

501603

Prisoner
Programs

$400,000

$400,000

R

4L40

501604

Transitional
Control

$2,450,000

$2,450,000

S

4S50

501608

Education
Services

$4,660,000

$4,660,000

T

5AF0

501609

State
and Non-Federal Awards

$1,300,000

$1,300,000

U

5H80

501617

Offender
Financial Responsibility

$1,860,000

$1,860,000

V

5ZQ0

501505

Local
Jail Grants

$75,000,000

$0

W

Dedicated
Purpose Fund Group Total

$86,270,000

$11,270,000

X

Internal
Service Activity Fund Group

Y

1480

501602

Institutional
Services

$3,500,000

$3,500,000

Z

2000

501607

Ohio
Penal Industries

$46,515,000

$46,515,000

AA

4830

501605

Leased
Property Maintenance and Operating

$7,500,000

$7,500,000

AB

5710

501606

Corrections
Training Maintenance and Operating

$940,000

$940,000

AC

5L60

501611

Information
Technology Services

$500,000

$500,000

AD

Internal
Service Activity Fund Group Total

$58,955,000

$58,955,000

AE

Federal
Fund Group

AF

3230

501619

Federal
Grants

$4,500,000

$4,500,000

AG

3CW0

501622

Federal
Equitable Sharing

$300,000

$300,000

AH

Federal
Fund Group Total

$4,800,000

$4,800,000

AI

TOTAL
ALL BUDGET FUND GROUPS

$2,545,285,316

$2,595,554,169

Section
383.20.
ANALYTICS
PLATFORM PILOT

Of
the foregoing appropriation item 501321, Institutional Operations,
$1,000,000 in fiscal year 2026 shall be used by the Department of
Rehabilitation and Correction to procure a software analytics
platform to establish a pilot program to transcribe and analyze all
inmate phone calls to increase the security and safety of Department
of Rehabilitation and Correction facilities. The procured analytics
platform shall be accessible to all law enforcement agencies in this
state to support criminal investigations. The Attorney General shall
approve the location of the pilot program. The Department shall
submit a report of its findings from the pilot program to the
Attorney General by December 31, 2026.

EXPEDITED
PARDON INITIATIVE

Of
the foregoing appropriation item 501321, Institutional Operations, up
to $500,000 in each fiscal year may be used by the Department of
Rehabilitation and Correction to support projects connecting
rehabilitated citizens with community partners to advance the
expedited pardon initiative and help eligible individuals navigate
the process and access clemency.

FELONY
OFFENSE COST REIMBURSEMENTS

Of
the foregoing appropriation item 501321, Institutional Operations,
the Department of Rehabilitation and Correction shall allocate an
amount not to exceed $250,000 in each fiscal year to reimburse
counties for their costs incurred in the prosecution of felonies that
occur on the grounds of state correctional institutions operated by
the Department. Eligible reimbursement costs include those incurred
by the prosecuting attorney, indigent defense counsel, the court of
common pleas, the clerk of the court of common pleas, and the
sheriff.

OSU
MEDICAL CHARGES

Notwithstanding
section 341.192 of the Revised Code, at the request of the Department
of Rehabilitation and Correction, the Ohio State University Medical
Center, including the Arthur G. James Cancer Hospital and Richard J.
Solove Research Institute and the Richard M. Ross Heart Hospital,
shall provide necessary care to persons who are confined in state
adult correctional facilities. The provision of necessary inpatient
care billed to the Department shall be reimbursed at a rate not to
exceed the authorized reimbursement rate for the same service
established by the Department of Medicaid under the Medicaid Program.

TRANSITIONAL
HOUSING FUNDING

Of
the foregoing appropriation item 501405, Reentry, Housing, and
Support Services, priority shall be given to residential providers
that accept and place individuals released from institutions operated
by the Department of Rehabilitation and Correction to the supervision
of the Adult Parole Authority who were previously rejected by all
other residential providers.

RELINK

Of
the foregoing appropriation item 501405, Reentry, Housing, and
Support Services, $112,500 in each fiscal year shall be distributed
to Relink to connect individuals to local resources related to
addiction recovery, anti-human trafficking, and incarceration reentry
services.

ADULT
CORRECTIONAL FACILITIES LEASE RENTAL BOND PAYMENTS

The
foregoing appropriation item 501406, Adult Correctional Facilities
Lease Rental Bond Payments, shall be used to meet all payments during
the period from July 1, 2025, through June 30, 2027, by the
Department of Rehabilitation and Correction pursuant to leases and
agreements for facilities made under Chapters 152. and 154. of the
Revised Code. These appropriations are the source of funds pledged
for bond service charges on related obligations issued under Chapters
152. and 154. of the Revised Code.

PROBATION
IMPROVEMENT AND INCENTIVE GRANTS

The
foregoing appropriation item 501411, Probation Improvement and
Incentive Grants, shall be allocated by the Department of
Rehabilitation and Correction to municipalities as Probation
Improvement and Incentive Grants with an emphasis on: (1) providing
services to those addicted to opiates and other illegal substances,
and (2) supplementing the programs and services funded by grants
distributed from the foregoing appropriation item 501407, Community
Nonresidential Programs.

FREDERICK
DOUGLASS PROJECT FOR JUSTICE

Of
the foregoing appropriation item 506321, Institution Education
Services, $350,000 in fiscal year 2026 and $150,000 in fiscal year
2027 shall be distributed directly to the Frederick Douglass Project
for Justice to operate in all prisons.

Section
383.30.
LOCAL
JAIL GRANTS

The
foregoing appropriation item 501505, Local Jail Grants, shall be used
for the construction and renovation of county jails. The Department
of Rehabilitation and Correction shall designate the projects
involving the construction and renovation of county jails.

The
Department of Rehabilitation and Correction may review and approve
the renovation and construction of projects for which funds are
provided. The proceeds of any obligations authorized under this
section shall not be applied to any such facilities that are not
designated and approved by the Department of Rehabilitation and
Correction.

The
Department of Rehabilitation and Correction shall adopt guidelines to
accept and review applications and designate projects. The guidelines
shall require the county or counties to justify the need for the
project and to comply with timelines for the submission of
documentation pertaining to the project and project location.

In
reviewing applications and designating projects, the Department of
Rehabilitation and Correction shall prioritize applications and
projects that do all of the following:

(1)
Target county jails that the Department of Rehabilitation and
Correction determines to have the greatest need for construction or
renovation work;

(2)
Improve substantially the condition, safety, and operational ability
of the jail;

(3)
Benefit jails that are, or will be, used by multiple counties.

The
Department of Rehabilitation and Correction shall award the funds to
selected counties not later than July 1, 2027.

Section
387.10.

1

2

3

4

5

A

RDF
STATE REVENUE DISTRIBUTIONS

B

General
Revenue Fund

C

GRF

110403

Personal
Property Tax Replacement Phase Out - Local Government

$3,770,000

$3,170,000

D

GRF

110908

Property
Tax Reimbursement - Local Government

$687,764,172

$698,816,877

E

GRF

200417

Personal
Property Tax Replacement Phase Out - School District

$46,478,241

$42,618,185

F

GRF

200903

Property
Tax Reimbursement - Education

$1,291,917,108

$1,312,678,846

G

General
Revenue Fund Total

$2,029,929,521

$2,057,283,908

H

Revenue
Distribution Fund Group

I

5JG0

110633

Gross
Casino Revenue Payments - County

$168,320,000

$166,460,000

J

5JH0

110634

Gross
Casino Revenue Payments - School Districts

$112,210,000

$110,970,000

K

5JJ0

110636

Gross
Casino Revenue - Host City

$16,530,000

$16,400,000

L

7049

336900

Indigent
Drivers Alcohol Treatment

$1,800,000

$1,800,000

M

7050

762900

International
Registration Plan Distribution

$26,000,000

$26,000,000

N

7051

762901

Auto
Registration Distribution

$379,000,000

$391,000,000

O

7065

110965

Public
Library Fund

$490,000,000

$500,000,000

P

7066

800966

Undivided
Liquor Permits

$14,600,000

$14,600,000

Q

7069

110969

Local
Government Fund

$530,900,000

$541,200,000

R

7082

110982

Horse
Racing Tax

$31,200

$31,200

S

7083

700900

Ohio
Fairs Fund

$471,000

$471,000

T

Revenue
Distribution Fund Group Total

$1,739,862,200

$1,768,932,200

U

Fiduciary
Fund Group

V

4P80

001698

Cash
Management Improvement Fund

$1,000,000

$1,000,000

W

5VR0

110902

Municipal
Net Profit Tax

$241,330,000

$253,400,000

X

6080

001699

Investment
Earnings

$1,050,000,000

$975,000,000

Y

7001

110996

Horse
Racing Tax Local Government Payments

$120,000

$120,000

Z

7062

110962

Resort
Area Excise Tax Distribution

$2,540,000

$2,650,000

AA

7063

110963

Permissive
Sales Tax Distribution

$3,706,800,000

$3,788,700,000

AB

7067

110967

School
District Income Tax Distribution

$748,610,000

$778,170,000

AC

7085

800985

Volunteer
Firemen's Dependents Fund

$300,000

$300,000

AD

7094

110641

Wireless
9-1-1 Government Assistance

$35,500,000

$31,300,000

AE

7095

110995

Municipal
Income Tax

$8,100,000

$8,100,000

AF

7099

762902

Permissive
Tax Distribution - Auto Registration

$262,000,000

$270,000,000

AG

Fiduciary
Fund Group Total

$6,056,300,000

$6,108,740,000

AH

Holding
Account Fund Group

AI

R045

110617

International
Fuel Tax Distribution

$101,700,000

$108,200,000

AJ

Holding
Account Fund Group Total

$101,700,000

$108,200,000

AK

TOTAL
ALL BUDGET FUND GROUPS

$9,927,791,721

$10,043,156,108

Section
387.20.
ADDITIONAL
APPROPRIATIONS

Appropriation
items in Section 387.10 of this act shall be used for the purpose of
administering and distributing the designated revenue distribution
funds according to the Revised Code. If it is determined that
additional appropriations are necessary for this purpose in any
appropriation items in Section 387.10 of this act, such amounts are
hereby appropriated.

TANGIBLE
PROPERTY TAX REPLACEMENT PAYMENTS

The
foregoing appropriation items 200417, Personal Property Tax
Replacement Phase Out-School District, and 110403, Personal Property
Tax Replacement Phase Out - Local Government, shall be used to make
reimbursement payments to school districts and other local taxing
units under sections 5709.92 and 5709.93 of the Revised Code. If it
is determined that additional appropriations are needed to make those
reimbursement payments in full, such amounts are hereby appropriated.

Notwithstanding
division (I) of section 5709.92 of the Revised Code, any school
district that has a nuclear power plant located within its territory
shall receive no less under this section in fiscal year 2027 than
paid in fiscal year 2026.

PROPERTY
TAX REIMBURSEMENT - EDUCATION

The
foregoing appropriation item 200903, Property Tax Reimbursement -
Education, is appropriated to pay for the state's costs incurred
because of the homestead exemption, the property tax rollback, and
payments required under division (C) of section 5705.2110 of the
Revised Code. In cooperation with the Department of Taxation, the
Department of Education and Workforce shall distribute these funds
directly to the appropriate school districts of the state,
notwithstanding sections 321.24 and 323.156 of the Revised Code,
which provide for payment of the homestead exemption and property tax
rollback by the Tax Commissioner to the appropriate county treasurer
and the subsequent redistribution of these funds to the appropriate
local taxing districts by the county auditor.

Upon
receipt of these amounts, each school district shall distribute the
amount among the proper funds as if it had been paid as real or
tangible personal property taxes. Payments for the costs of
administration shall continue to be paid to the county treasurer and
county auditor as provided for in sections 319.54, 321.26, and
323.156 of the Revised Code.

Any
sums, in addition to the amount specifically appropriated in
appropriation item 200903, Property Tax Reimbursement - Education,
for the homestead exemption and the property tax rollback payments,
and payments required under division (C) of section 5705.2110 of the
Revised Code, which are determined to be necessary for these
purposes, are hereby appropriated.

HOMESTEAD
EXEMPTION, PROPERTY TAX ROLLBACK

The
foregoing appropriation item 110908, Property Tax Reimbursement-Local
Government, is hereby appropriated to pay for the state's costs
incurred due to the Homestead Exemption, the Manufactured Home
Property Tax Rollback, and the Property Tax Rollback. The Tax
Commissioner shall distribute these funds directly to the appropriate
local taxing districts, except for school districts, notwithstanding
the provisions in sections 321.24 and 323.156 of the Revised Code,
which provide for payment of the Homestead Exemption, the
Manufactured Home Property Tax Rollback, and Property Tax Rollback by
the Tax Commissioner to the appropriate county treasurer and the
subsequent redistribution of these funds to the appropriate local
taxing districts by the county auditor.

Upon
receipt of these amounts, each local taxing district shall distribute
the amount among the proper funds as if it had been paid as real
property taxes. Payments for the costs of administration shall
continue to be paid to the county treasurer and county auditor as
provided for in sections 319.54, 321.26, and 323.156 of the Revised
Code.

Any
sums, in addition to the amounts specifically appropriated in
appropriation item 110908, Property Tax Allocation - Local
Government, for the Homestead Exemption, the Manufactured Home
Property Tax Rollback, and the Property Tax Rollback payments, which
are determined to be necessary for these purposes, are hereby
appropriated.

MUNICIPAL
INCOME TAX

The
foregoing appropriation item 110995, Municipal Income Tax, shall be
used to make payments to municipal corporations under section 5745.05
of the Revised Code. If it is determined that additional
appropriations are necessary to make such payments, such amounts are
hereby appropriated.

MUNICIPAL
NET PROFIT TAX

The
foregoing appropriation item 110902, Municipal Net Profit Tax, shall
be used to make payments to municipal corporations under section
718.83 of the Revised Code. If it is determined that additional
amounts are necessary to make such payments, such amounts are hereby
appropriated.

During
fiscal year 2026 and fiscal year 2027, if the Tax Commissioner
determines that there is insufficient cash in the Municipal Net
Profit Tax Fund (Fund 5VR0) to meet monthly distribution obligations
under section 718.83 of the Revised Code, the Tax Commissioner shall
certify to the Director of Budget and Management the amount of
additional cash necessary to satisfy those obligations. In addition,
the Commissioner shall submit a plan to the Director requesting the
necessary cash be transferred from one or a combination of the
following funds: the Municipal Income Tax Administrative Fund, the
Local Sales Tax Administrative Fund, the General School District
Income Tax Administrative Fund, the Motor Fuel Tax Administrative
Fund, the Property Tax Administrative Fund, or the General Revenue
Fund. This plan shall include a proposed repayment schedule to
reimburse those funds for any cash transferred in accordance with
this section. After receiving the certification and funding plan from
the Tax Commissioner and if the Director determines that sufficient
cash is available, the Director may transfer the cash to the
Municipal Net Profit Tax Fund in accordance with the plan submitted
by the Tax Commissioner or as otherwise determined by the Director of
Budget and Management. The Director of Budget and Management may
transfer cash from the Municipal Net Profit Tax Fund to reimburse the
funds from which cash was transferred for the purpose outlined in
this section.

LOCAL
GOVERNMENT FUND

Notwithstanding
the requirement in division (A) of section 131.51 of the Revised Code
that the Director of Budget and Management credit to the Local
Government Fund one and seven-tenths per cent of the total tax
revenue credited to the General Revenue Fund during the preceding
month, the Director shall instead calculate these amounts during
fiscal year 2026 and fiscal year 2027 using one and seventy-five
one-hundredths as the percentage.

HOST
COMMUNITY CANNABIS FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer the remaining cash balance of
the Adult Use Tax Fund (Fund QG18) at the end of fiscal year 2025
after transferring cash to the General Revenue Fund under Section
509.10 of this act, to the Host Community Cannabis Fund (Fund 7106).

Section
391.10.

1

2

3

4

5

A

OSB
DEAF AND BLIND EDUCATION SERVICES

B

General
Revenue Fund

C

GRF

226321

Operations

$32,700,258

$33,454,668

D

General
Revenue Fund Total

$32,700,258

$33,454,668

E

Dedicated
Purpose Fund Group

F

4H80

226602

Blind
School State Grants

$350,000

$350,000

G

4M00

226400

Deaf
School Educational Program Expenses

$250,000

$250,000

H

4M10

226401

Deaf
School State Grants

$25,000

$25,000

I

4M50

226601

Blind
School Educational Program Expenses

$330,000

$340,000

J

5H60

226402

Early
Childhood Education

$65,000

$65,000

K

5NJ0

226622

Employee
Food Service Charges

$22,467

$23,141

L

Dedicated
Purpose Fund Group Total

$1,042,467

$1,053,141

M

Federal
Fund Group

N

3100

226626

Blind
School Federal Grants

$1,099,000

$1,099,000

O

3110

226403

Deaf
School Federal Grants

$574,000

$574,000

P

3DT0

226621

Ohio
Transition Collaborative

$230,000

$230,000

Q

3P50

226643

Medicaid
Professional Services Reimbursement

$459,500

$459,500

R

Federal
Fund Group Total

$2,362,500

$2,362,500

S

TOTAL
ALL BUDGET FUND GROUPS

$36,105,225

$36,870,309

Section
395.10.

1

2

3

4

5

A

SOS
SECRETARY OF STATE

B

General
Revenue Fund

C

GRF

050321

Operating
Expenses

$3,505,147

$3,510,274

D

GRF

050407

Poll
Workers Training

$0

$500,000

E

GRF

050509

County
Voting Systems Lease Rental Payments

$12,200,000

$12,200,000

F

General
Revenue Fund Total

$15,705,147

$16,210,274

G

Dedicated
Purpose Fund Group

H

4120

050609

Notary
Commission

$541,455

$555,487

I

4S80

050610

Board
of Voting Machine Examiners

$14,400

$14,400

J

5990

050603

Business
Services Operating Expenses

$28,686,668

$29,281,310

K

5990

050629

Statewide
Voter Registration Database

$705,000

$730,000

L

5990

050630

Elections
Support Supplement

$4,458,687

$4,545,000

M

5990

050631

Precinct
Election Officials Training

$0

$500,000

N

5990

050636

County
Election Officials Training

$240,000

$240,000

O

5CS1

050604

Ohio
Election Integrity Commission

$250,000

$0

P

5SN0

050626

Address
Confidentiality

$375,000

$400,000

Q

Dedicated
Purpose Fund Group Total

$35,271,210

$36,266,197

R

Holding
Account Fund Group

S

R002

050606

Corporate/Business
Filing Refunds

$85,000

$85,000

T

Holding
Account Fund Group Total

$85,000

$85,000

U

Federal
Fund Group

V

3AS0

050616

Help
America Vote Act (HAVA)

$100,000

$100,000

W

Federal
Fund Group Total

$100,000

$100,000

X

TOTAL
ALL BUDGET FUND GROUPS

$51,161,357

$52,661,471

Section
395.20.
POLL
WORKERS TRAINING

The
foregoing appropriation item 050407, Poll Workers Training, shall be
used to provide funding to county boards of elections for precinct
election official (PEO) training pursuant to section 3501.27 of the
Revised Code.

COUNTY
VOTING SYSTEMS LEASE RENTAL PAYMENTS

The
foregoing appropriation item 050509, County Voting Systems Lease
Rental Payments, shall be used to make payments during the period
from July 1, 2025, through June 30, 2027, pursuant to leases and
agreements entered into under Section 4 of S.B. 135 of the 132nd
General Assembly with respect to financing the costs associated with
the acquisition, development, installation, and implementation of
county voting systems.

BOARD
OF VOTING SYSTEMS EXAMINERS

The
foregoing appropriation item 050610, Board of Voting Systems
Examiners, shall be used to pay for the services and expenses of the
members of the Board of Voting Systems Examiners, and for other
expenses that are authorized to be paid from the Board of Voting
Systems Examiners Fund (Fund 4S80) created in section 3506.05 of the
Revised Code. Moneys not used shall be returned to the person or
entity submitting equipment for examination. If it is determined by
the Secretary of State that additional appropriation amounts are
necessary, the Secretary of State may request that the Director of
Budget and Management approve such amounts. Upon approval of the
Director of Budget and Management, such amounts are hereby
appropriated.

BALLOT
ADVERTISING COSTS

Notwithstanding
division (G) of section 3501.17 of the Revised Code, upon requests
submitted by the Secretary of State, the Controlling Board may
approve cash and appropriation transfers from the Controlling Board
Emergency Purposes/Contingencies Fund (Fund 5KM0) to the Statewide
Ballot Advertising Fund (Fund 5FH0) in order to pay for the cost of
public notices associated with statewide ballot initiatives.

ABSENT
VOTER'S BALLOT APPLICATION MAILING

Notwithstanding
division (B) of section 111.31 of the Revised Code, upon the request
of the Secretary of State, the Controlling Board may approve cash and
appropriation transfers from the Controlling Board Emergency
Purposes/Contingencies Fund (Fund 5KM0) to the Absent Voter's Ballot
Application Mailing Fund (Fund 5RG0) to be used by the Secretary of
State to pay the costs of printing and mailing unsolicited
applications for absent voters' ballots for the general election to
be held in November 2026.

ADDRESS
CONFIDENTIALITY PROGRAM

Upon
the request of the Secretary of State, the Director of Budget and
Management may transfer up to $400,000 per fiscal year in cash from
the Business Services Operating Expenses Fund (Fund 5990) to the
Address Confidentiality Program Fund (Fund 5SN0).

CORPORATE/BUSINESS
FILING REFUNDS

The
foregoing appropriation item 050606, Corporate/Business Filing
Refunds, shall be used to hold revenues until they are directed to
the appropriate accounts or until they are refunded. If it is
determined by the Secretary of State that additional appropriation
amounts are necessary, the Secretary of State may request that the
Director of Budget and Management approve such amounts. Upon approval
of the Director of Budget and Management, such amounts are hereby
appropriated.

HAVA
FUNDS

An
amount equal to the unexpended, unencumbered portion of appropriation
item 050616, Help America Vote Act (HAVA), at the end of fiscal year
2025 is hereby reappropriated for the same purpose in fiscal year
2026.

An
amount equal to the unexpended, unencumbered portion of appropriation
item 050616, Help America Vote Act (HAVA), at the end of fiscal year
2026 is hereby reappropriated for the same purpose in fiscal year
2027.

Section
395.30.
ELECTRONIC
POLLBOOKS

The
appropriation item 050638, Electronic Pollbooks, shall be used by the
Secretary of State to pay eighty-five per cent of the calculated
allocation cost of acquiring electronic pollbooks, as defined in
section 3506.05 of the Revised Code, and ancillary equipment, for
county boards of elections in accordance with this section.

An
amount equal to the unexpended, unencumbered portion of the
appropriation item 050638, Electronic Pollbooks, at the end of fiscal
year 2025 is hereby reappropriated to the Secretary of State for the
same purpose in fiscal year 2026.

When
required, pursuant to state purchasing requirements and at the
request of the Secretary of State, the Office of Procurement Services
within the Department of Administrative Services shall initiate a
competitive solicitation for the purpose of identifying and securing
contracts with qualified vendors that can provide electronic
pollbooks, as defined in section 3506.05 of the Revised Code, and
ancillary equipment. The Department shall maintain such contracts for
use by county boards of elections in accordance with this section.

The
Secretary of State shall calculate the portion of appropriation item
050638, Electronic Pollbooks, to be allocated to each county board of
elections in proportion to the number of registered voters in each
county as recorded in the statewide voter registration database as of
July 1, 2022. The Secretary of State, in conjunction with the Office
of Procurement Services within the Department of Administrative
Services, shall use the funding allocated to each county board of
elections to reimburse them for the cost of acquiring electronic
pollbooks and ancillary equipment as follows:

(A)
For electronic pollbooks and ancillary equipment to be acquired from
vendors identified through competitive solicitation by the Office of
Procurement Services within the Department of Administrative Services
after the effective date of this section, upon request by a county
board of elections, the Secretary of State shall provide a list of
the vendors and electronic pollbooks certified in accordance with
section 3506.05 of the Revised Code. The board of elections shall
select electronic pollbooks from this list, notify the Secretary of
State of its selection, and shall acquire the selected electronic
pollbooks and any other necessary equipment. The board of elections
shall enter into a memorandum of understanding with the applicable
board of county commissioners and the Secretary of State concerning
those acquisitions. The Secretary of State shall reimburse the board
of elections for the lesser amount of either eighty-five per cent of
the cost of those acquisitions, or the amount of the allocation as
determined by the Secretary of State under this section.

(B)
If, between December 31, 2019 and July 1, 2023, a board of elections
acquired electronic pollbooks or ancillary equipment and is otherwise
in compliance with all applicable directives and statutes, the
Secretary of State shall reimburse the board of elections for the
lesser amount of either eighty-five per cent of the cost of that
acquisition, or the amount of the allocation as determined by the
Secretary of State under this section. Reimbursement shall be paid to
the county board of elections.

Section
397.10.

1

2

3

4

5

A

SEN
THE OHIO SENATE

B

General
Revenue Fund

C

GRF

020321

Operating
Expenses

$23,000,000

$23,000,000

D

General
Revenue Fund Total

$23,000,000

$23,000,000

E

Internal
Service Activity Fund Group

F

1020

020602

Senate
Reimbursement

$425,800

$425,800

G

4090

020601

Miscellaneous
Sales

$34,497

$34,497

H

Internal
Service Activity Fund Group Total

$460,297

$460,297

I

TOTAL
ALL BUDGET FUND GROUPS

$23,460,297

$23,460,297

Section
397.20.
OPERATING
EXPENSES

On
July 1, 2025, or as soon as possible thereafter, the Clerk of the
Senate may certify to the Director of Budget and Management an amount
up to the unexpended, unencumbered balance of the foregoing
appropriation item 020321, Operating Expenses, at the end of fiscal
year 2025 to be reappropriated to fiscal year 2026. The amount
certified is hereby reappropriated to the same appropriation item for
fiscal year 2026.

On
July 1, 2026, or as soon as possible thereafter, the Clerk of the
Senate may certify to the Director of Budget and Management an amount
up to the unexpended, unencumbered balance of the foregoing
appropriation item 020321, Operating Expenses, at the end of fiscal
year 2026 to be reappropriated to fiscal year 2027. The amount
certified is hereby reappropriated to the same appropriation item for
fiscal year 2027.

Section
399.10.

1

2

3

4

5

A

CSV
COMMISSION ON SERVICE AND VOLUNTEERISM

B

General
Revenue Fund

C

GRF

866321

CSV
Operations

$694,000

$694,000

D

General
Revenue Fund Total

$694,000

$694,000

E

Dedicated
Purpose Fund Group

F

5GN0

866605

Serve
Ohio Support

$10,000

$2,103

G

Dedicated
Purpose Fund Group Total

$10,000

$2,103

H

Federal
Fund Group

I

3R70

866617

AmeriCorps
Programs

$13,923,794

$13,956,503

J

Federal
Fund Group Total

$13,923,794

$13,956,503

K

TOTAL
ALL BUDGET FUND GROUPS

$14,627,794

$14,652,606

Section
401.10.

1

2

3

4

5

A

CSF
COMMISSIONERS OF THE SINKING FUND

B

Debt
Service Fund Group

C

7070

155905

Third
Frontier Research and Development Bond Retirement Fund

$45,000,000

$45,000,000

D

7072

155902

Highway
Capital Improvement Bond Retirement Fund

$118,500,000

$131,500,000

E

7073

155903

Natural
Resources Bond Retirement Fund

$14,300,000

$14,300,000

F

7074

155904

Conservation
Projects Bond Retirement Fund

$46,500,000

$39,000,000

G

7076

155906

Coal
Research and Development Bond Retirement Fund

$4,050,000

$2,525,000

H

7077

155907

State
Capital Improvement Bond Retirement Fund

$225,000,000

$240,000,000

I

7078

155908

Common
Schools Bond Retirement Fund

$255,000,000

$230,000,000

J

7079

155909

Higher
Education Bond Retirement Fund

$250,000,000

$210,000,000

K

7080

155901

Persian
Gulf, Afghanistan, and Iraq Conflict Bond Retirement Fund

$975,000

$0

L

Debt
Service Fund Group Total

$959,325,000

$912,325,000

M

TOTAL
ALL BUDGET FUND GROUPS

$959,325,000

$912,325,000

Section
401.20.
ADDITIONAL
APPROPRIATIONS

Appropriation
items in this section are for the purpose of paying debt service and
financing costs during the period from July 1, 2025, through June 30,
2027, on bonds or notes of the state issued under the Ohio
Constitution, Revised Code, and acts of the General Assembly. If it
is determined that additional amounts are necessary for this purpose,
such amounts are hereby appropriated.

Section
404.10.

1

2

3

4

5

A

SHP
STATE SPEECH AND HEARING PROFESSIONALS BOARD

B

Dedicated
Purpose Fund Group

C

4K90

123609

Operating
Expenses

$649,200

$665,400

D

Dedicated
Purpose Fund Group Total

$649,200

$665,400

E

TOTAL
ALL BUDGET FUND GROUPS

$649,200

$665,400

Section
407.10.

1

2

3

4

5

A

BTA
BOARD OF TAX APPEALS

B

General
Revenue Fund

C

GRF

116321

Operating
Expenses

$2,110,000

$2,160,000

D

General
Revenue Fund Total

$2,110,000

$2,160,000

E

TOTAL
ALL BUDGET FUND GROUPS

$2,110,000

$2,160,000

Section
409.10.

1

2

3

4

5

A

TAX
DEPARTMENT OF TAXATION

B

General
Revenue Fund

C

GRF

110321

Operating
Expenses

$63,000,000

$67,000,000

D

GRF

110404

Tobacco
Settlement Enforcement

$163,000

$166,271

E

General
Revenue Fund Total

$63,163,000

$67,166,271

F

Dedicated
Purpose Fund Group

G

2280

110628

CAT
Administration

$13,368,132

$13,072,718

H

4350

110607

Local
Tax Administration

$38,632,001

$39,008,489

I

4360

110608

Motor
Vehicle Audit Administration

$1,282,300

$1,282,300

J

4380

110609

School
District Income Tax Administration

$9,651,710

$9,732,886

K

4C60

110616

International
Registration Plan Administration

$697,635

$706,187

L

4R60

110610

Tire
Tax Administration

$138,123

$138,123

M

5BP0

110639

Wireless
9-1-1 Administration

$251,418

$251,418

N

5JM0

110637

Casino
Tax Administration

$101,000

$101,000

O

5N50

110605

Municipal
Income Tax Administration

$115,848

$115,848

P

5N60

110618

Kilowatt
Hour Tax Administration

$63,415

$63,415

Q

5NY0

110643

Petroleum
Activity Tax Administration

$1,114,260

$1,114,260

R

5V70

110622

Motor
Fuel Tax Administration

$6,713,625

$6,871,008

S

5V80

110623

Property
Tax Administration

$5,477,332

$5,509,569

T

5YQ0

110651

Sports
Gaming Tax Administration Operating Expenses

$5,000

$5,000

U

5ZA0

110650

Ohio
Tax System Operating Expenses

$7,000,000

$8,000,000

V

6390

110614

Cigarette
Tax Enforcement

$1,087,029

$1,114,117

W

6880

110615

Local
Excise Tax Administration

$391,778

$392,536

X

Dedicated
Purpose Fund Group Total

$86,090,606

$87,478,874

Y

Fiduciary
Fund Group

Z

4250

110635

Tax
Refunds

$3,082,044,000

$3,082,044,000

AA

5CZ0

110631

Vendor's
License Application

$575,000

$575,000

AB

Fiduciary
Fund Group Total

$3,082,619,000

$3,082,619,000

AC

Holding
Account Fund Group

AD

R010

110611

Tax
Distributions

$25,000

$25,000

AE

R011

110612

Miscellaneous
Tax Receipts

$500

$500

AF

Holding
Account Fund Group Total

$25,500

$25,500

AG

TOTAL
ALL BUDGET FUND GROUPS

$3,231,898,106

$3,237,289,645

Section
409.20.
TAX
REFUNDS

The
foregoing appropriation item 110635, Tax Refunds, shall be used to
pay refunds under section 5703.052 of the Revised Code. If it is
determined that additional appropriations are necessary for this
purpose, such amounts are hereby appropriated.

VENDOR'S
LICENSE PAYMENTS

The
foregoing appropriation item 110631, Vendor's License Application,
shall be used to make payments to county auditors under section
5739.17 of the Revised Code. If it is determined that additional
appropriations are necessary to make such payments, such amounts are
hereby appropriated.

INTERNATIONAL
REGISTRATION PLAN ADMINISTRATION

The
foregoing appropriation item 110616, International Registration Plan
Administration, shall be used under section 5703.12 of the Revised
Code for audits of persons with vehicles registered under the
International Registration Plan.

TRAVEL
EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

Of
the foregoing appropriation item 110607, Local Tax Administration,
the Tax Commissioner may disburse funds, if available, for the
purposes of paying travel expenses incurred by members of Ohio's
delegation to the Streamlined Sales Tax Project, as appointed under
section 5740.02 of the Revised Code. Any travel expense reimbursement
paid for by the Department of Taxation shall be done in accordance
with applicable state laws and guidelines.

TOBACCO
SETTLEMENT ENFORCEMENT

The
foregoing appropriation item 110404, Tobacco Settlement Enforcement,
shall be used by the Tax Commissioner to pay costs incurred in the
enforcement of divisions (F) and (G) of section 5743.03 of the
Revised Code.

OHIO
TAX SYSTEM SUPPORT FUND

The
foregoing appropriation item 110650, Ohio Tax System Operating
Expenses, shall be used to pay costs incurred in the maintenance and
support of the department's Ohio Tax System. The Tax Commissioner
shall submit a plan to the Director of Budget and Management
requesting the necessary cash be transferred to the Ohio Tax System
Support Fund (Fund 5ZA0) which is hereby created in the state
treasury. Cash shall be transferred from any fund used by the
Department of Taxation that is otherwise allowable under state or
federal law, except the General Revenue Fund. This plan shall include
a schedule of cash transfers. After receiving the funding plan from
the Tax Commissioner and if the Director determines that sufficient
cash is available, the Director may transfer the cash to the Ohio Tax
System Support Fund with the plan submitted by the Tax Commissioner
or as otherwise determined by the Director of Budget and Management.
The transfers of cash to the Ohio Tax System Support Fund shall not
exceed $15,000,000 in the fiscal year 2026-2027 biennium.

MISCELLANEOUS
TAX RECEIPTS

The
foregoing appropriation item 110612, Miscellaneous Tax Receipts,
shall be used to hold miscellaneous tax payments received by the Tax
Commissioner until the appropriate account or fund is identified and
the money can be transferred for the identified purpose. If the
Director of Budget and Management determines that additional amounts
are necessary for this purpose, such amounts are hereby appropriated.

Section
411.10.

1

2

3

4

5

A

DOT
DEPARTMENT OF TRANSPORTATION

B

General
Revenue Fund

C

GRF

772456

Unmanned
Aerial Systems Center

$3,000,000

$500,000

D

GRF

775470

Public
Transportation - State

$37,014,636

$37,014,636

E

GRF

776465

Rail
Development

$3,000,000

$3,000,000

F

GRF

777471

Airport
Improvements - State

$21,650,000

$19,650,000

G

General
Revenue Fund Total

$64,664,636

$60,164,636

H

Dedicated
Purpose Fund Group

I

5QT0

776670

Ohio
Maritime Assistance Program

$5,000,000

$5,000,000

J

5XI0

772504

Ohio
Highway Transportation Safety

$6,000,000

$0

K

Dedicated
Purpose Fund Group Total

$11,000,000

$5,000,000

L

TOTAL
ALL BUDGET FUND GROUPS

$75,664,636

$65,164,636

Section
411.20.
DRONES
FOR FIRST RESPONDERS PILOT PROGRAM

Of
the foregoing appropriation item 772456, Unmanned Aerial Systems
Center, $2,500,000 in fiscal year 2026 shall be used to fund the
Drones for First Responders pilot program, created under Section
755.20 of this act.

An
amount equal to the unexpended, unencumbered balance of the foregoing
appropriation item 772456, Unmanned Aerial Systems Center, at the end
of fiscal year 2026 is hereby reappropriated to the same
appropriation item in fiscal year 2027.

OHIO
MARITIME ASSISTANCE PROGRAM

Of
the foregoing appropriation item 776670, Ohio Maritime Assistance
Program, not less than ten per cent in each fiscal year shall be used
by the Ohio River Commission within the Department of Development to
develop and promote economic activity, marine cargo terminal
operations, and travel and tourism on the Ohio River and its
tributaries.

The
remainder of appropriation item 776670, Ohio Maritime Assistance
Program, shall be used to provide grants under the Ohio Maritime
Assistance Program established under section 5501.91 of the Revised
Code.

An
amount equal to the unexpended, unencumbered balance of the foregoing
appropriation item 776670, Ohio Maritime Assistance Program, at the
end of fiscal year 2026 is hereby reappropriated to the same
appropriation item in fiscal year 2027.

OHIO
HIGHWAY TRANSPORTATION SAFETY

The
foregoing appropriation item 772504, Ohio Highway Transportation
Safety, shall be used in conjunction with the Ohio Rail Commission to
identify and fund short-line rail development infrastructure projects
that enhance capacity and improve safety.

Section
411.30.
OHIO
AIRPORT IMPROVEMENT PROGRAM

Of
the foregoing appropriation item 777471, Airport Improvements -
State, $4,650,000 in each fiscal year shall be used to administer the
Ohio Airport Improvement Program established in section 4561.03 of
the Revised Code.

An
amount equal to the unexpended, unencumbered balance of the amount
from appropriation item 777471, Airport Improvements - State,
earmarked for the Ohio Airport Improvement Program at the end of
fiscal year 2026 is hereby reappropriated to the same appropriation
item for fiscal year 2027.

AIRPORT
IMPROVEMENTS - STATE

Of
the foregoing appropriation item 777471 Airport Improvements - State,
$5,000,000 in each fiscal year shall be used by the Office of
Aviation to provide matching funds for eligible airports awarded
Airport Infrastructure Grant funding through the Infrastructure
Investment and Jobs Act. Any matching funds provided to airports that
are returned to the Office of Aviation due to lower than estimated
project costs shall be reallocated to other eligible projects. The
reallocated amounts are hereby appropriated.

Of
the foregoing appropriation item 777471 Airport Improvements - State,
$2,000,000 in fiscal year 2026 shall be used by the Eastern Ohio
Military Affairs Commission to support construction and repair
projects at the Youngstown Air Reserve Station, the Youngstown-Warren
Regional Airport, and the Camp James A. Garfield Joint Military
Training Center.

Section
413.10.

1

2

3

4

5

A

TOS
TREASURER OF STATE

B

General
Revenue Fund

C

GRF

090321

Operating
Expenses

$5,432,000

$5,432,000

D

General
Revenue Fund Total

$5,432,000

$5,432,000

E

Dedicated
Purpose Fund Group

F

4E90

090603

Securities
Lending Income

$12,972,444

$13,408,214

G

4E90

090639

STABLE
Maintenance Fee Subsidy

$900,000

$900,000

H

4X90

090614

Political
Subdivision Obligation

$38,332

$39,460

I

5770

090605

Investment
Pool Reimbursement

$1,838,291

$1,885,100

J

5BD1

090576

County
Recorder Electronic Record Supplement

$1,750,000

$0

K

5BE1

090638

Ohio
Treasurer of State Information Technology Reserve

$1,459,000

$1,459,000

L

5C50

090602

County
Treasurer Education

$250,000

$250,000

M

6050

090609

Treasurer
of State Administrative Fund

$1,820,361

$1,827,252

N

Dedicated
Purpose Fund Group Total

$21,028,428

$19,769,026

O

Fiduciary
Fund Group

P

4250

090635

Tax
Refunds

$12,000,000

$12,000,000

Q

Fiduciary
Fund Group Total

$12,000,000

$12,000,000

R

TOTAL
ALL BUDGET FUND GROUPS

$38,460,428

$37,201,026

Section
413.20.
COUNTY
RECORDER ELECTRONIC RECORD MODERNIZATION PROGRAM

An
amount equal to the unexpended, unencumbered balance of appropriation
item 090409, County Recorder Electronic Modernization Program, at the
end of fiscal year 2025 is hereby reappropriated to the same
appropriation item for the same purpose in fiscal year 2026.

TAX
REFUNDS

The
foregoing appropriation item 090635, Tax Refunds, shall be used to
pay refunds under section 5703.052 of the Revised Code. If the
Director of Budget and Management determines that additional amounts
are necessary for this purpose, such amounts are hereby appropriated.

Section
413.40.
STABLE
MAINTENANCE FEE SUBSIDY

The
foregoing appropriation item 090639, STABLE Maintenance Fee Subsidy,
shall be used to subsidize costs of monthly fees incurred by STABLE
account holders for eligible individuals with disabilities.

Section
413.50.
COUNTY
RECORDER ELECTRONIC RECORD MODERNIZATION FUND

The
County Recorder Electronic Modernization Fund (Fund 5BD1) is created
in the state treasury. Money in the fund shall be used to distribute
funds to reimburse counties under the County Recorder Electronic
Record Modernization Program, for use by county recorder's offices to
implement the requirements set forth in divisions (E) and (F) of
section 317.13 of the Revised Code. The Treasurer of State shall
reimburse counties on a rolling basis until the appropriation is
expended. Counties that met the requirements set forth in divisions
(E) and (F) of section 317.13 of the Revised Code on October 24,
2024, are ineligible for funds under the Program. To be eligible for
reimbursement under the Program, an expense must be incurred on or
after October 24, 2024; expenses incurred before that date are not
eligible for reimbursement. A county that receives funds under the
Program shall credit those funds to the Recorder's Technology Fund at
least to the extent necessary to reimburse the fund for money the
county recorder spent to implement the requirements set forth in
divisions (E) and (F) of section 317.13 of the Revised Code.

On
July 1, 2025, or as soon as possible thereafter, the Treasurer of
State shall transfer the cash balance including accrued interest and
investment earnings from the Torrens Law Assurance Fund in the
custody of the Treasurer of State, to the County Recorder Electronic
Modernization Fund (Fund 5BD1). Upon completion of the transfer and
on the effective date of its repeal by this act, the Torrens Law
Assurance Fund is hereby abolished.

Section
414.10.

1

2

3

4

5

A

VTO
VETERANS' ORGANIZATIONS

B

General
Revenue Fund

C

GRF

743501

American
Ex-Prisoners of War

$45,000

$45,000

D

GRF

746501

Army
and Navy Union, USA, Inc.

$85,000

$85,000

E

GRF

747501

Korean
War Veterans

$85,000

$85,000

F

GRF

748501

Jewish
War Veterans

$62,000

$62,000

G

GRF

749501

Catholic
War Veterans

$85,000

$85,000

H

GRF

750501

Military
Order of the Purple Heart

$85,000

$85,000

I

GRF

751501

Vietnam
Veterans of America

$310,000

$310,000

J

GRF

752501

American
Legion of Ohio

$450,000

$450,000

K

GRF

753501

AMVETS

$450,000

$450,000

L

GRF

754501

Disabled
American Veterans

$450,000

$450,000

M

GRF

756501

Marine
Corps League

$214,000

$214,000

N

GRF

757501

37th
Division Veterans' Association

$17,000

$17,000

O

GRF

758501

Veterans
of Foreign Wars

$450,000

$450,000

P

General
Revenue Fund Total

$2,788,000

$2,788,000

Q

TOTAL
ALL BUDGET FUND GROUPS

$2,788,000

$2,788,000

Section
415.10.

1

2

3

4

5

A

DVS
DEPARTMENT OF VETERANS SERVICES

B

General
Revenue Fund

C

GRF

900321

Veterans'
Homes

$51,956,758

$52,999,692

D

GRF

900402

Hall
of Fame

$74,317

$75,966

E

GRF

900408

Department
of Veterans Services

$5,327,924

$5,428,649

F

GRF

900645

Veterans
Long Term Healthcare Needs and Support (VET)

$1,559,990

$1,559,990

G

GRF

900901

Veterans
Compensation General Obligation Bond Debt Service

$975,000

$0

H

General
Revenue Fund Total

$59,893,989

$60,064,297

I

Dedicated
Purpose Fund Group

J

4840

900603

Veterans'
Homes Services

$680,004

$700,000

K

4E20

900602

Veterans'
Homes Operating

$14,000,000

$14,000,000

L

5DB0

900643

Military
Injury Relief Program

$97,000

$97,000

M

5YP0

900650

Sports
Gaming - Veterans

$75,000

$75,000

N

Dedicated
Purpose Fund Group Total

$14,852,004

$14,872,000

O

Federal
Fund Group

P

3680

900614

Veterans
Training

$980,404

$1,021,705

Q

3BX0

900609

Medicare
Services

$1,000,000

$2,059,273

R

3L20

900601

Veterans'
Homes Operations - Federal

$31,500,000

$31,500,000

S

Federal
Fund Group Total

$33,480,404

$34,580,978

T

TOTAL
ALL BUDGET FUND GROUPS

$108,226,397

$109,517,275

Section
415.20.
VETERANS
ORGANIZATIONS' RENT

The
foregoing appropriation item 900408, Department of Veterans Services,
shall be used to pay veterans organizations' rent in buildings
managed by the Department of Administrative Services.

USA
CARES - OHIO

Of
the foregoing appropriation item 900408, Department of Veterans
Services, $250,000 in each fiscal year shall be distributed to USA
Cares - Ohio.

VETERANS
COMPENSATION GENERAL OBLIGATION BOND DEBT SERVICE

The
foregoing appropriation item 900901, Veterans Compensation General
Obligation Bond Debt Service, shall be used to pay all debt service
and related financing costs during the period from July 1, 2025,
through June 30, 2027, on obligations issued under Section 2r of
Article VIII, Ohio Constitution.

VETERANS
HOME MODERNIZATION

An
amount equal to the unexpended and unencumbered portions of
appropriation item 900411, Veterans Homes Modernization, under the
Veterans Homes Modernization Fund (Fund 5ZO0) plus an amount equal to
cash previously expended but returned to the fund at the end of
fiscal year 2025 are hereby reappropriated for the same purpose in
fiscal year 2026.

An
amount equal to the unexpended and unencumbered portions of
appropriation item 900411, Veterans Homes Modernization, under the
Veterans Homes Modernization Fund (Fund 5ZO0) plus an amount equal to
cash previously expended but returned to the fund at the end of
fiscal year 2026 are hereby reappropriated for the same purpose in
fiscal year 2027.

Section
417.10.

1

2

3

4

5

A

DVM
STATE VETERINARY MEDICAL LICENSING BOARD

B

Dedicated
Purpose Fund Group

C

4K90

888609

Operating
Expenses

$532,551

$554,811

D

5YG0

888603

Veterinarian
Student Debt Assistance Program

$100,000

$100,000

E

Dedicated
Purpose Fund Group Total

$632,551

$654,811

F

Internal
Service Activity Fund Group

G

5BU0

888602

Veterinary
Student Loan Program

$20,000

$20,000

H

Internal
Service Activity Fund Group Total

$20,000

$20,000

I

TOTAL
ALL BUDGET FUND GROUPS

$652,551

$674,811

Section
419.10.

1

2

3

4

5

A

VPB
STATE VISION PROFESSIONALS BOARD

B

Dedicated
Purpose Fund Group

C

4K90

129609

Operating
Expenses

$609,659

$668,146

D

Dedicated
Purpose Fund Group Total

$609,659

$668,146

E

TOTAL
ALL BUDGET FUND GROUPS

$609,659

$668,146

Section
421.10.

1

2

3

4

5

A

DYS
DEPARTMENT OF YOUTH SERVICES

B

General
Revenue Fund

C

GRF

470401

RECLAIM
Ohio

$207,000,000

$218,000,000

D

GRF

470412

Juvenile
Correctional Facilities Lease Rental Bond Payments

$17,500,000

$17,500,000

E

GRF

470510

Youth
Services

$16,702,000

$16,702,000

F

GRF

472321

Parole
Operations

$11,547,202

$11,926,365

G

GRF

477321

Administrative
Operations

$17,177,391

$18,017,753

H

General
Revenue Fund Total

$269,926,593

$282,146,118

I

Dedicated
Purpose Fund Group

J

1470

470612

Vocational
Education

$1,436,125

$1,494,968

K

1750

470613

Education
Services

$4,140,884

$4,317,416

L

4790

470609

Employee
Food Service

$30,300

$30,300

M

4A20

470602

Child
Support

$95,000

$95,000

N

4G60

470605

Juvenile
Special Revenue - Non-Federal

$115,000

$115,000

O

5BN0

470629

E-Rate
Program

$71,000

$71,000

P

Dedicated
Purpose Fund Group Total

$5,888,309

$6,123,684

Q

Federal
Fund Group

R

3210

470601

Education

$1,899,343

$1,956,154

S

3210

470603

Juvenile
Justice Prevention

$2,473,806

$2,481,942

T

3210

470606

Nutrition

$1,551,000

$1,551,000

U

3210

470614

Title
IV-E Reimbursements

$1,521,776

$1,529,243

V

3V50

470604

Juvenile
Justice/Delinquency Prevention

$1,657,737

$1,731,824

W

Federal
Fund Group Total

$9,103,662

$9,250,163

X

TOTAL
ALL BUDGET FUND GROUPS

$284,918,564

$297,519,965

Section
421.20.
COMMUNITY
PROGRAMS

For
purposes of implementing juvenile sentencing reforms, and
notwithstanding any provision of law to the contrary, the Department
of Youth Services may use up to $1,375,000 of the unexpended,
unencumbered balance of the portion of appropriation item 470401,
RECLAIM Ohio, that is allocated to juvenile correctional facilities
in each fiscal year to expand Targeted RECLAIM, the Behavioral Health
Juvenile Justice Initiative, and other evidence-based community
programs.

JUVENILE
CORRECTIONAL FACILITIES LEASE RENTAL BOND PAYMENTS

The
foregoing appropriation item 470412, Juvenile Correctional Facilities
Lease Rental Bond Payments, shall be used to meet all payments during
the period from July 1, 2025, through June 30, 2027, by the
Department of Youth Services under the leases and agreements for
facilities made under Chapters 152. and 154. of the Revised Code.
These appropriations are the source of funds pledged for bond service
charges on related obligations issued under Chapters 152. and 154. of
the Revised Code.

EDUCATION
SERVICES

The
foregoing appropriation item 470613, Education Services, shall be
used to fund the operating expenses of providing educational services
to youth supervised by the Department of Youth Services. Operating
expenses include, but are not limited to, teachers' salaries,
maintenance costs, and educational equipment.

FLEXIBLE
FUNDING FOR CHILDREN AND FAMILIES

In
collaboration with the county family and children first council, the
juvenile court of that county that receives allocations from one or
both of the foregoing appropriation items 470401, RECLAIM Ohio, and
470510, Youth Services, may transfer portions of those allocations to
a flexible funding pool as authorized by the section of this act
titled "FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."

Section
423.10.

1

2

3

4

5

A

KID
DEPARTMENT OF CHILDREN AND YOUTH

B

General
Revenue Fund

C

GRF

650400

Medicaid
Program Support - State

$1,393,000

$1,393,000

D

GRF

830321

Children
and Youth Program Management

$55,000,000

$55,500,000

E

GRF

830400

Child
Care State/Maintenance of Effort

$93,636,000

$93,636,000

F

GRF

830402

Maternal
and Infant Housing Assistance

$500,000

$500,000

G

GRF

830403

Help
Me Grow

$60,000,000

$63,000,000

H

GRF

830404

Infant
Vitality

$18,000,000

$18,000,000

I

GRF

830405

Part
C Early Intervention

$30,000,000

$32,000,000

J

GRF

830406

Strong
Families Strong Communities

$7,500,000

$2,500,000

K

GRF

830407

Early
Childhood Education

$130,319,450

$130,320,617

L

GRF

830409

Early
Care and Education Learning Standards

$6,052,091

$6,150,959

M

GRF

830410

Family
and Children First

$2,706,000

$2,706,000

N

GRF

830411

Imagination
Library

$8,250,000

$8,250,000

O

GRF

830414

Child
Care Cred Program

$10,000,000

$0

P

GRF

830415

Parenting
and Pregnancy Program

$10,000,000

$10,000,000

Q

GRF

830416

Adoption
Grant Program

$34,000,000

$34,000,000

R

GRF

830418

Child
Care Provider Recruitment

$1,000,000

$1,850,000

S

GRF

830419

Children's
Crisis Care

$1,350,000

$1,350,000

T

GRF

830420

Community
Projects and Assistance

$3,100,000

$2,600,000

U

GRF

830421

Responsible
Fatherhood Initiative Grant Program

$5,000,000

$15,000,000

V

GRF

830500

Early
Care and Education

$141,285,000

$141,285,000

W

GRF

830501

Kinship
Permanency Incentive Program

$1,000,000

$1,000,000

X

GRF

830502

Court
Appointed Special Advocates

$1,000,000

$1,000,000

Y

GRF

830503

Adoption
Services

$23,992,000

$23,992,000

Z

GRF

830505

Infant
and Early Childhood Mental Health (ECMH)

$4,100,000

$4,100,000

AA

GRF

830506

Family
and Children Services

$291,759,990

$296,409,990

AB

General
Revenue Fund Total

$940,943,531

$946,543,566

AC

Dedicated
Purpose Fund Group

AD

1980

830600

Children's
Trust Fund

$5,770,407

$5,800,246

AE

2320

830613

Family
and Children First

$2,485,214

$2,514,051

AF

4E70

830615

Family
and Children Services Collections

$650,000

$650,000

AG

4F10

830607

Family
and Children Activities

$655,000

$655,000

AH

5BN1

830618

Child
Welfare Training Support

$7,387,465

$7,387,465

AI

5BO1

830620

Children
and Youth Community Initiatives

$20,000,000

$10,000,000

AJ

5BP1

830621

Agency
Oversight and Support

$9,000,000

$9,000,000

AK

5CN0

830617

Choose
Life

$80,000

$80,000

AL

5U60

830619

Family
and Children Support

$400,000

$400,000

AM

Dedicated
Purpose Fund Group Total

$46,428,086

$36,486,762

AN

Federal
Fund Group

AO

3201

830608

Maternal
and Child Health Block Grant

$5,000,000

$5,000,000

AP

3270

830601

Child
Welfare

$31,024,665

$31,147,396

AQ

3980

830612

Adoption
Program

$215,000,000

$215,000,000

AR

3A91

830622

Mental
Health Block Grant

$1,698,892

$1,698,892

AS

3C50

830610

Preschool
Special Education

$16,026,864

$16,026,864

AT

3D30

830602

Children's
Trust Fund

$7,030,643

$7,048,243

AU

3F02

650600

Medicaid
Program Support - Federal

$1,393,000

$1,393,000

AV

3H70

830604

Child
Care

$646,049,427

$591,221,224

AW

3IT0

830609

Community
Social Service Programs

$22,803,908

$22,803,908

AX

3IU0

830623

Federal
Children and Youth Grants

$52,000,000

$52,000,000

AY

3N00

830603

Foster
Care Program

$337,778,385

$338,091,973

AZ

3V62

830605

TANF
Block Grant

$327,850,000

$327,850,000

BA

Federal
Fund Group Total

$1,663,655,784

$1,609,281,500

BB

TOTAL
ALL BUDGET FUND GROUPS

$2,651,027,401

$2,592,311,828

Section
423.20.
MATERNAL
AND INFANT HOUSING ASSISTANCE

Of
the foregoing appropriation item 830402, Maternal and Infant Housing
Assistance, up to $500,000 in each fiscal year shall be used to
support stable housing initiatives for pregnant mothers and their
families to improve maternal and infant health outcomes.

Section
423.30.
INFANT
VITALITY GRANTS AND PROGRAMS

Of
the foregoing appropriation item, 830404, Infant Vitality, up to
$5,000,000 in each fiscal year shall be used to support programming
by community and local faith-based service providers that invests in
maternal health programs, provides services and support to pregnant
mothers, and improves both maternal and infant health outcomes.

Of
the foregoing appropriation item 830404, Infant Vitality, up to
$1,000,000 in each fiscal year shall be used to support the per diem
nonmedical services provided by residential infant care centers.

The
remainder of appropriation item 830404, Infant Vitality, shall be
used to fund a multi-pronged population health approach to address
infant mortality. This approach may include the following: increasing
awareness; supporting data collection; analysis and interpretation to
inform decision-making and ensure accountability; targeting resources
where the need is greatest; and implementing quality improvement
science and programming that is evidence-based or based on emerging
practices. Measurable interventions may include activities related to
safe sleep, community engagement, group prenatal care, preconception
education, continuous support for women during pregnancy and
childbirth, patient navigators, community health workers, early
childhood home visiting, safe birth spacing, gestational diabetes,
smoking cessation tailored for pregnant women, breastfeeding, care
coordination, and progesterone.

Section
423.40.
PART
C EARLY INTERVENTION

Of
the foregoing appropriation item 830405, Part C Early Intervention,
up to $7,000,000 in fiscal year 2026 and up to $9,000,000 in fiscal
year 2027 may be used by the Department of Children and Youth to
subgrant or contract with county boards of developmental disabilities
for the provision of early intervention evaluations, assessments, and
service coordination. County boards of developmental disabilities
that accept these funds shall maintain the level of local funding for
early intervention at the same funding level as the prior fiscal
year.

Of
the foregoing appropriation item 830405, Part C Early Intervention,
$1,000,000 in total in each fiscal year shall be used to contract
with the Cleveland Sight Center, the Cincinnati Association for the
Blind and Visually Impaired, and the Sight Center of Northwest Ohio
to provide early intervention special instruction services and family
support to children under the age of three with blindness or low
vision.

Section
423.50.
CHILDREN'S
MENTAL HEALTH

Of
the foregoing appropriation item 830406, Strong Families Strong
Communities, up to $2,000,000 in each fiscal year shall be used to
provide funding for community projects across the state that focus on
support for families, assisting families in avoiding crisis, and
crisis intervention.

Of
the foregoing appropriation item 830406, Strong Families Strong
Communities, $500,000 in each fiscal year shall be provided to Riveon
Mental Health and Recovery to support primary care integration.

Of
the foregoing appropriation item 830505, Infant and Early Childhood
Mental Health, $100,000 in each fiscal year shall be provided to St.
Vincent Family Services to support their Early Childhood Mental
Health Consultation Program.

The
remainder of appropriation item 830505, Infant and Early Childhood
Mental Health, shall be used to promote identification and
intervention for early childhood mental health and to enhance healthy
social emotional development in order to reduce preschool expulsions
and promote kindergarten readiness. Funds shall be used by the
Department of Children and Youth, in coordination with Department of
Behavioral Health, to support infant and early childhood mental
health credentialed professionals and consultation services, as well
as administration, workforce development for the program, and program
evaluation.

Section
423.60.
PEDIATRIC
CANCER RESEARCH

Of
the foregoing appropriation item 830406, Strong Families Strong
Communities, up to $5,000,000 in fiscal year 2026 shall be used to
provide funding to qualified entities in Ohio to support any of the
following:

(A)
Research into causes, diagnoses, prevention, and treatment of
pediatric cancer;

(B)
The study of new and novel approaches to researching and treating
pediatric cancer, as well as the side effects of cancer treatment,
including discovering and developing new drugs, clinical trials,
neurosurgery, and other surgical interventions, diagnostics, care
management, and learning disabilities.

Section
423.70.
EARLY
CHILDHOOD EDUCATION

The
foregoing appropriation item 830407, Early Childhood Education, shall
be used to pay the costs of the Early Childhood Education Grant
Program to provide quality preschool instruction to improve
kindergarten readiness. The Department shall distribute such funds
directly to qualifying providers as specified in section 5104.53 of
the Revised Code.

Section
423.80.
EARLY
CARE AND EDUCATION LEARNING STANDARDS

The
foregoing appropriation item 830409, Early Care and Education
Learning Standards, shall be used to support the state's early
learning assessment work, the assessments required under section
3301.0715 of the Revised Code, and the implementation of curricula,
assessments, and learning activities that are aligned with the
science of reading and the early learning and development standards.

Section
423.85.
CHILD
CARE CRED PROGRAM

The
foregoing appropriation item 830414, Child Care Cred Program, shall
be used for the Child Care Cred Program established in section
5104.54 of the Revised Code.

Section
423.90.
PARENTING
AND PREGNANCY PROGRAM

The
foregoing appropriation item 830415, Parenting and Pregnancy Program,
shall be used, in accordance with section 5180.71 of the Revised
Code, to support the Ohio Parenting and Pregnancy Program.

An
amount equal to the unexpended, unencumbered balance of appropriation
item 830415, Parenting and Pregnancy Program, at the end of fiscal
year 2026 is hereby reappropriated to the same appropriation item for
the same purpose in fiscal year 2027.

Section
423.100.
ADOPTION
GRANT PROGRAM

The
foregoing appropriation item 830416, Adoption Grant Program, shall be
used to administer grants to adoptive parents through the Adoption
Grant Program, in accordance with sections 5180.451 and 5180.452 of
the Revised Code.

Section
423.103.
CHILD
CARE PROVIDER RECRUITMENT

The
foregoing appropriation item 830418, Child Care Provider Recruitment,
shall be used for the Child Care Provider Recruitment and Mentorship
Grant Program established in Section 751.30 of this act.

Section
423.105.
COMMUNITY
PROJECTS AND ASSISTANCE

Of
the foregoing appropriation item 830420, Community Projects and
Assistance, $500,000 in fiscal year 2026 shall be distributed to
Birthing Beautiful Communities to provide perinatal support services
for at-risk mothers and children in Cuyahoga and Summit counties.

Of
the foregoing appropriation item 830420, Community Projects and
Assistance, $100,000 in each fiscal year shall be provided to
Applewood Centers, Inc., to expand its foster care program.

Section
423.106.
DIAGNOSTIC
ULTRASOUND MACHINE PROGRAM

The
Director of Children and Youth shall create a grant program through
which entities may apply to receive diagnostic ultrasound machines
purchased in accordance with this section. The Director shall
establish the grant application and administration process. To be
eligible to receive a diagnostic ultrasound machine through the grant
program, all of the following must apply to an entity:

(A)
The entity must meet all conditions set forth in division (B) of
section 5180.71 of the Revised Code, including that the entity does
not charge a fee for diagnostic ultrasound services provided to
pregnant women and women who suspect they may be pregnant and does
not promote abortion, perform abortion-related medical procedures, or
make referrals for abortions.

(B)
The entity is physically located in Ohio.

(C)
The entity is not a hospital, federally qualified health center, or
ambulatory surgical facility.

Of
the foregoing appropriation item 830420, Community Projects and
Assistance, $2,500,000 in each fiscal year shall be used by the
Director of Children and Youth to competitively bid for the purchase
of new three-dimensional diagnostic ultrasound machines.

Section
423.108.
RESPONSIBLE
FATHERHOOD INITIATIVE GRANTS

The
foregoing appropriation item 830421, Responsible Fatherhood
Initiative Grants, shall be used to award grants under the
Responsible Fatherhood Initiative Grant Program, in accordance with
section 5180.706 of the Revised Code. Of this amount, not more than
two per cent in each fiscal year shall be used for administrative
purposes.

On
June 30 of each fiscal year, the Department of Children and Youth
shall encumber an amount equal to any unexpended funds in
appropriation item 830421, Responsible Fatherhood Initiative Grants.
Funds encumbered shall be used for the same purposes in the following
fiscal year.

Section
423.110.
COURT
APPOINTED SPECIAL ADVOCATES

Of
the foregoing appropriation item 830502, Court Appointed Special
Advocates, up to $333,333 in each fiscal year shall be used to
support administrative costs associated with existing court-appointed
special advocate programs.

Of
the foregoing appropriation item 830502, Court Appointed Special
Advocates, up to $666,667 in each fiscal year shall be used to
establish court-appointed special advocate programs in areas of the
state that are not served by an existing program and to support
existing programs.

Section
423.120.
FAMILY
AND CHILDREN SERVICES AND ACTIVITIES

Of
the foregoing appropriation item 830506, Family and Children
Services, up to $25,000,000 in each fiscal year shall be provided to
assist with the expense of providing services to youth requiring
support from multiple systems. These funds may be used for youth
currently in the custody of a public children services agency or to
prevent children from entering into the custody of a public children
services agency by custody relinquishment or another mechanism. The
Director of Children and Youth shall adopt rules in accordance with
section 111.15 of the Revised Code to administer the funding.

Of
the foregoing appropriation item 830506, Family and Children
Services, up to $7,500,000 in each fiscal year may be used to
incentivize best practices. The Director of Children and Youth shall
adopt rules in accordance with section 111.15 of the Revised Code to
administer the funding.

Of
the foregoing appropriation item 830506, Family and Children
Services, $100,000 in each fiscal year shall be distributed to
Cleveland State University for the Sullivan-Deckard Scholarship
Opportunity Program and the Helen Packer Scholarship Program to
provide tuition and wrap-around services to young adults who have
aged out of foster care.

Of
the foregoing appropriation item, 830506, Family and Children
Services, up to $180,000,000 in fiscal year 2026 and up to
$185,000,000 in fiscal year 2027 shall be provided by the Department
of Children and Youth, in coordination with the Department of Job and
Family Services, to public children services agencies. Of that
amount, $17,600,000 in each fiscal year shall be used to provide an
initial allocation of $200,000 to each county and the remainder shall
be provided using the formula in section 5180.41 of the Revised Code.

If
the funds available for distribution under section 5180.41 of the
Revised Code in fiscal year 2026 and fiscal year 2027 exceed the
amount appropriated in fiscal year 2019, each county contributing
local funds in county fiscal year 2019 to the county children
services fund shall contribute moneys to the children services fund
described in section 5180.411 of the Revised Code.

The
Director of Children and Youth, in consultation and coordination with
the Director of Job and Family Services shall adopt rules, in
accordance with section 111.15 of the Revised Code, to determine the
amount of local funds each county must contribute to the children
services fund based on past contributions. Rules must include a
hardship provision identifying circumstances in which the county
contribution may be waived or reduced.

Of
the foregoing appropriation item 830506, Family and Children
Services, up to $35,309,990 in each fiscal year shall be used to
support activities associated with the delivery of children services
activities, including recruiting and retaining foster parents,
identifying and supporting kinship providers, family preservation,
prevention, direct services, and best practices.

Of
the foregoing appropriation item 830506, Family and Children
Services, $10,000,000 in each fiscal year shall be used to assist
with the establishment of regional child wellness campuses. The
Department of Children and Youth shall provide one-time funding to
establish regional child wellness campuses across the state to serve
children and youth who are, or have been determined by a public
children services agency to be at risk of being, in the custody of a
public children services agency and who are not placed in a licensed
residential setting and are otherwise spending one or more nights in
an unlicensed setting. Regional child wellness campuses shall support
children in crisis in or near the communities in which the children
reside and create additional capacity for short-term treatment. The
Department of Children and Youth shall select entities applying to
establish regional child wellness campuses through a competitive
process. An entity shall provide proof of local funding commitments
that fulfill all necessary start-up costs and ongoing community
commitments to ensure timely and appropriate delivery of service to
meet the needs of the child, family, and community.

Of
the foregoing appropriation item 830506, Family and Children
Services, $350,000 in fiscal year 2026 shall be used for the
Providence House Every Child Ohio Feasibility Study to identify the
most viable Ohio communities with the capacity to sustainably operate
a children's crisis care facility, as defined in section 5103.13 of
the Revised Code. The results and recommendations of the study shall
be submitted in a report to the Governor, the President of the
Senate, the Speaker of the House of Representatives, and the Director
of Children and Youth by September 30, 2026.

Of
the foregoing appropriation item 830506, Family and Children
Services, up to $17,000,000 in each fiscal year shall be used for
federal match requirements for Title IV-B and Title IV-E of the
"Social Security Act," 42 U.S.C. 601-687 funding.

Of
the foregoing appropriation item 830506, Family and Children
Services, up to $3,000,000 in each fiscal year shall be provided to
the Ohio Network of Children's Advocacy Centers to administer and
distribute grants to Child Advocacy Centers to coordinate statewide
access to investigation, prosecution, and treatment of child sexual
abuse, while helping children heal.

The
foregoing appropriation item 830607, Family and Children Activities,
shall be used to expend miscellaneous foundation funds and grants to
support family and children services activities.

Section
423.130.
KINSHIP
CARE NAVIGATOR PROGRAM

Of
the foregoing appropriation item 830506, Family and Children
Services, up to $8,500,000 in each fiscal year shall be used to
support the Kinship Care Navigator Program, and may be used to match
eligible federal Title IV-E of the "Social Security Act,"
42 U.S.C. 601-687 funds.

Section
423.140.
WENDY'S
WONDERFUL KIDS

Of
the foregoing appropriation items 830506, Family and Children
Services, 830601, Child Welfare, and 830612, Adoption Program, a
total of up to $10,000,000 in each fiscal year may be used to provide
funds to the Dave Thomas Foundation for Adoption to implement
statewide the Wendy's Wonderful Kids program of professional
recruiters who use a child-focused model to find permanent homes for
children in Ohio foster care.

Section
423.150.
FAMILY
AND CHILDREN FIRST FLEXIBLE FUNDING POOL

A
county family and children first council may establish and operate a
flexible funding pool in order to assure access to needed services by
families, children, and older adults in need of protective services.
The operation of the flexible funding pools is subject to the
following restrictions:

(A)
The county council shall establish and operate the flexible funding
pool in accordance with formal guidance issued by the Family and
Children First Cabinet Council;

(B)
The county council shall produce an annual report on its use of the
pooled funds. The annual report shall conform to a format prescribed
in the formal guidance issued by the Family and Children First
Cabinet Council;

(C)
Unless otherwise restricted, funds transferred to the flexible
funding pool may include state general revenues allocated to local
entities to support the provision of services to families and
children;

(D)
The amounts transferred to the flexible funding pool shall be limited
to amounts that can be redirected without impairing the achievement
of the objectives for which the initial allocation is designated; and

(E)
Each amount transferred to the flexible funding pool from a specific
allocation shall be approved for transfer by the director of the
local agency that was the original recipient of the allocation.

In
collaboration with the county family and children first council, a
county department of job and family services or public children
services agency that receives an allocation from the Department of
Children and Youth, in consultation and coordination with the
Department of Job and Family Services, from the foregoing
appropriation item 830506, Family and Children Services, or 830502,
Court Appointed Special Advocates, may transfer a portion of either
or both allocations to a flexible funding pool as authorized by this
section.

Section
423.160.
CHILDRENS
CRISIS CARE

The
foregoing appropriation item 830419, Childrens Crisis Care, shall be
allocated by the Department of Children and Youth in each fiscal year
to children's crisis care facilities as defined in section 5103.13 of
the Revised Code. The Director of Children and Youth shall calculate
funds semi-annually and allocate funds quarterly based on the total
number of days of care for each child residing in the facility, which
is determined by calculating the total days each child resides at the
crisis care facility, including the date of admission, but not the
day of discharge. A children's crisis care facility may decline to
receive funds provided under this section. A children's crisis care
facility that accepts funds provided under this section shall use the
funds in accordance with section 5103.13 of the Revised Code and any
rules adopted under that section.

Section
423.170.
MATERNAL
AND CHILD HEALTH BLOCK GRANT

Of
the foregoing appropriation item 830608, Maternal and Child Health
Block Grant, up to $5,000,000 in each fiscal year shall be used to
implement Title V Maternal and Child Health Services Block Grant
activities in the prenatal, maternal, perinatal, and infant domains.

Section
423.180.
MENTAL
HEALTH BLOCK GRANT

The
foregoing appropriation item 830622, Mental Health Block Grant, shall
be used for infant and early childhood mental health activities.

Section
423.190.
CHILD
CARE CHOICE VOUCHER PROGRAM

(A)
Of the foregoing appropriation item, 830604, Child Care, a portion in
each fiscal year, along with $50,000,000 in each fiscal year in
appropriation item 830605, TANF Block Grant, shall be used by the
Department of Children and Youth to establish and administer the
Child Care Choice Voucher Program. Subject to available funds, the
program shall provide support, in the form of vouchers, to families
to assist them with child care costs. To be eligible to participate
in the program, a family must meet all of the following conditions:

(1)
The caretaker parent is employed or participating in a program of
education or training for an amount of time reasonably related to the
time that the parent's children are receiving child care.

(2)
The family does not meet the income conditions for initial
eligibility under the Publicly Funded Child Care Program administered
by the Department as described in section 5104.30 of the Revised
Code, but the maximum amount of the family's income does not exceed
two hundred percent of the federal poverty line.

(3)
The family meets any other condition established by the Department.

(B)
In providing vouchers under this section, both of the following
apply:

(1)
The program shall utilize, not later than November 1, 2026, the
publicly funded child care payment rates established in section
5104.30 of the Revised Code, except that such payment rates shall not
be enhanced payment rates as described in division (E)(2)(c) of that
section.

(2)
If a participating family uses its voucher at a type A family child
care home or licensed type B family child care home, the program
shall not require the family child care home to be rated through the
Step Up to Quality Program administered by the Department as
described in section 5104.29 of the Revised Code.

Section
423.200.
COMMUNITY
SOCIAL SERVICE PROGRAMS

A
portion of the foregoing appropriation item 830609, Community Social
Service Programs, may be used by the Early Intervention Services
Advisory Council for the following purposes:

(A)
In addition to other necessary and allowed uses of funds and in
accordance with 20 U.S.C. 1441(d), the Early Intervention Services
Advisory Council established pursuant to section 5123.0422 of the
Revised Code, may, in its discretion, use budgeted funds to do all of
the following:

(1)
Conduct forums and hearings;

(2)
Reimburse council members for reasonable and necessary expenses,
including child care expenses for parent representatives, for
attending council meetings and performing council duties;

(3)
Pay compensation to a council member if the member is not employed or
must forfeit wages from other employment when performing official
council business;

(4)
Hire staff;

(5)
Obtain the services of professional, technical, and clerical
personnel as necessary to carry out the performance of its lawful
functions.

(B)
Except as provided in division (A) of this section, council members
shall serve without compensation or reimbursement.

Section
423.210.
FEDERAL
CHILDREN AND YOUTH GRANTS

Of
the foregoing appropriation item 830623, Federal Children and Youth
Grants, up to $195,000 in each fiscal year shall be used for the
training of guardians ad litem and court-appointed special advocates
as well as to conduct a study to demonstrate the impact of
court-appointed special advocate volunteers on outcomes for children
who are in child welfare custody as a result of abuse, neglect, or
dependency.

Section
423.220.
TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT

Of
the foregoing appropriation item 830605, TANF Block Grant, up to
$5,000,000 in each fiscal year shall be used for the Kinship
Permanency Incentive Program established under section 5180.52 of the
Revised Code to promote a permanent commitment by kinship caregivers
through becoming guardians and custodians over minor children who
would otherwise be unsafe or at risk of harm if they remained in
their own homes.

Of
the foregoing appropriation item 830605, TANF Block Grant, up to
$2,500,000 in each fiscal year shall be provided, in accordance with
sections 5101.80 and 5101.801 of the Revised Code, to the Ohio
Commission on Fatherhood.

Of
the foregoing appropriation item 830605, TANF Block Grant, up to
$1,000,000 in each fiscal year shall be provided, in accordance with
sections 5101.80 and 5101.801 of the Revised Code, to the Ohio
Children's Trust Fund.

Section
423.230.
PUBLICLY
FUNDED CHILD CARE ELIGIBILITY

Beginning
on the effective date of this section and through June 30, 2027, all
of the following apply to a family's eligibility for publicly funded
child care as described in division (A) of section 5104.38 of the
Revised Code:

(A)
Except as provided in division (B) of this section, the maximum
amount of income that a family may have for initial eligibility shall
not exceed one hundred forty-five per cent of the federal poverty
line;

(B)
For special needs child care, as defined in section 5104.01 of the
Revised Code, the maximum amount of income that the family may have
for initial eligibility shall not exceed one hundred fifty per cent
of the federal poverty line;

(C)
The maximum amount of income that a family may have for continued
eligibility shall not exceed three hundred per cent of the federal
poverty line.

Section
423.240.
MULTI-SYSTEM
YOUTH

(A)
As used in this section:

(1)
"Multi-system youth" are children and adolescents who are
receiving services from two or more of the following systems: child
protective services, behavioral health services, developmental
disabilities services, juvenile court, and medicaid.

(2)
"Licensed care" means detention facilities, shelter
facilities, certified children's crisis care facilities, certified
foster homes, placement in a prospective adoptive home prior to the
issuance of a final decree of adoption, organizations, certified
organizations, group home providers, group homes, institutions, state
institutions, residential facilities, or residential care facilities.

(B)
The following departments must collaborate to identify and take
appropriate action with available resources to meet the needs of
multi-system youth more effectively:

(1)
The Department of Job and Family Services;

(2)
The Department of Children and Youth;

(3)
The Department of Behavioral Health;

(4)
The Department of Developmental Disabilities;

(5)
The Department of Youth Services;

(6)
The Department of Medicaid.

(C)
Not later than one year after the effective date of this section, the
departments described in division (B) of this section must jointly
submit to the General Assembly a report with policy recommendations
and the following information:

(1)
Data on the number of multi-system youth;

(2)
Data on the number of multi-system youth who are placed in licensed
care;

(3)
Information on how the departments described in division (B) of this
section track multi-system youth;

(4)
A summary of actions taken by the departments to better serve
multi-system youth."

Section
423.250.
(A)
Not later than December 31, 2025, and through June 30, 2027, both of
the following apply to the administration of publicly funded child
care as described in section 5104.30 of the Revised Code:

(1)
The Department of Children and Youth shall establish the following
payment categories and time increments for the number of hours per
week that a child is authorized for publicly funded child care:

(a)
The hourly category, for hours of care totaling fewer than ten hours
per week;

(b)
The part-time category, for hours of care totaling ten hours to fewer
than thirty-three hours per week;

(c)
The full-time category, for hours of care totaling thirty-three or
more hours per week.

The
department shall not establish categories other than those described
in this division that pertain to the number of hours a child is
authorized for publicly funded child care.

(2)
In establishing payment rates under the publicly funded child care
program for type A family child care homes, the Department of
Children and Youth shall not align those rates with rates for child
care centers. The Department shall instead align type A family child
care home rates with rates for type B family child care homes.

When
aligning type A and type B family child care home payment rates, the
Department shall pay the rates established pursuant to section
5104.30 of the Revised Code.

Section
425.10.

1

2

3

4

5

A

NAI
NEW AFRICAN IMMIGRANTS COMMISSION

B

General
Revenue Fund

C

GRF

061501

Operating
Expenses

$250,000

$250,000

D

General
Revenue Fund Total

$250,000

$250,000

E

TOTAL
ALL BUDGET FUND GROUPS

$250,000

$250,000

Section
503.10.
PERSONAL
SERVICE EXPENSES

Unless
otherwise prohibited by law, any appropriation from which personal
service expenses are paid shall bear the employer's share of public
employees' retirement, workers' compensation, disabled workers'
relief, and insurance programs; the costs of centralized financial
services, centralized payroll processing, and related reports and
services; centralized human resources services, including affirmative
action and equal employment opportunity programs; the Office of
Collective Bargaining; centralized information technology management
services; administering the enterprise resource planning system; and
administering the state employee merit system as required by section
124.07 of the Revised Code. These costs shall be determined in
conformity with the appropriate sections of law and paid in
accordance with procedures specified by the Office of Budget and
Management. Expenditures from appropriation item 070601, Public Audit
Expense - Intra-State, may be exempted from the requirements of this
section.

Section
503.15.
APPROPRIATIONS
FOR EMPLOYEE COMPENSATION CHANGES

Notwithstanding
any provision of law to the contrary, beginning with the pay period
that includes July 1, 2025, each state appointing authority is
authorized to make expenditures from current state operating
appropriations contained in this act or any other act necessary to
provide for the changes to compensation provisions pursuant to
approved collective bargaining agreements between employee
organizations and State of Ohio public employers and pursuant to
provisions of law, as amended by this act, for employees exempt from
collective bargaining to allow parity for those employees.

Section
503.20.
SATISFACTION
OF JUDGMENTS AND SETTLEMENTS AGAINST THE STATE

Except
as otherwise provided in this section, an appropriation in this act
may be used for the purpose of satisfying judgments, settlements, or
administrative awards ordered or approved by the Court of Claims or
by any other court of competent jurisdiction in connection with civil
actions against the state. This authorization does not apply to
appropriations to be applied to or used for payment of guarantees by
or on behalf of the state, or for payments under lease agreements
relating to, or debt service on, bonds, notes, or other obligations
of the state. Notwithstanding any other statute to the contrary, this
authorization includes appropriations from funds into which proceeds
of direct obligations of the state are deposited only to the extent
that the judgment, settlement, or administrative award is for, or
represents, capital costs for which the appropriation may otherwise
be used and is consistent with the purpose for which any related
obligations were issued or entered into. Nothing contained in this
section is intended to subject the state to suit in any forum in
which it is not otherwise subject to suit, and is not intended to
waive or compromise any defense or right available to the state in
any suit against it.

Section
503.30.
CAPITAL
PROJECT SETTLEMENTS

This
section specifies an additional and supplemental procedure to provide
for payments of judgments and settlements if the Director of Budget
and Management determines, pursuant to division (C)(4) of section
2743.19 of the Revised Code, that sufficient unencumbered moneys do
not exist in the fund to support a particular appropriation to pay
the amount of a final judgment rendered against the state or a state
agency, including the settlement of a claim approved by a court, in
an action upon and arising out of a contractual obligation for the
construction or improvement of a capital facility if the costs under
the contract were payable in whole or in part from a state capital
projects appropriation. In such a case, the Director may either
proceed pursuant to division (C)(4) of section 2743.19 of the Revised
Code or apply to the Controlling Board to increase an appropriation
or create an appropriation out of any unencumbered moneys in the
state treasury to the credit of the capital projects fund from which
the initial state appropriation was made. The amount of an increase
in appropriation or new appropriation approved by the Controlling
Board is hereby appropriated from the applicable capital projects
fund and made available for the payment of the judgment or
settlement.

If
the Director does not make the application authorized by this section
or the Controlling Board disapproves the application, and the
Director does not make application under division (C)(4) of section
2743.19 of the Revised Code, the Director shall for the purpose of
making that payment make a request to the General Assembly as
provided for in division (C)(5) of that section.

Section
503.40.
RE-ISSUANCE
OF VOIDED WARRANTS

In
order to provide funds for the reissuance of voided warrants under
section 126.37 of the Revised Code, there is hereby appropriated, out
of moneys in the state treasury from the fund credited as provided in
section 126.37 of the Revised Code, that amount sufficient to pay
such warrants when approved by the Office of Budget and Management.

Section
503.50.
REAPPROPRIATION
OF UNEXPENDED ENCUMBERED BALANCES OF OPERATING APPROPRIATIONS

(A)
Notwithstanding the original year of appropriation or encumbrance,
the unexpended balance of an operating appropriation or
reappropriation that a state agency lawfully encumbered prior to the
close of fiscal year 2025 or fiscal year 2026 is hereby
reappropriated on the first day of July of the following fiscal year
from the fund from which it was originally appropriated or
reappropriated for the period of time listed in this section and
shall remain available only for the purpose of discharging the
encumbrance:

(1)
For an encumbrance for personal services, maintenance, equipment, or
items for resale not otherwise identified in this section, for a
period of not more than five months from the end of the fiscal year;

(2)
For an encumbrance for an item of special order manufacture not
available on state contract or an item not available in the open
market, for a period of not more than five months from the end of the
fiscal year or, with the written approval of the Director of Budget
and Management, for a period of not more than twelve months from the
end of the fiscal year;

(3)
For an encumbrance for reclamation of land or oil and gas wells, for
a period ending when the encumbered appropriation is expended;

(4)
For an encumbrance for any other type of expense not otherwise
identified in division (A)(1), (2), or (3) of this section, for such
period as the Director approves, provided such period does not extend
beyond the FY 2026 - FY 2027 biennium.

(B)
Any operating appropriations for which unexpended balances are
reappropriated in fiscal year 2026 or fiscal year 2027 pursuant to
division (A)(2) of this section shall be reported to the Controlling
Board by the Director of Budget and Management by the thirty-first
day of December of each year. The report shall include the item, the
cost of the item, and the name of the vendor. The report shall be
updated on a quarterly basis for encumbrances remaining open.

(C)
Upon the expiration of the reappropriation period set out in division
(A) of this section, a reappropriation made by this section lapses
and the Director of Budget and Management shall cancel the
encumbrance of the unexpended reappropriation not later than the end
of the weekend following the expiration of the reappropriation
period.

(D)
If the Controlling Board approved a purchase, that approval remains
in effect so long as the appropriation used to make that purchase
remains encumbered.

Section
503.60.
CORRECTION
OF ACCOUNTING ERRORS

(A)
The Director of Budget and Management may correct accounting errors
committed by the staff of the Office of Budget and Management, such
as reestablishing encumbrances or appropriations canceled in error,
during the cancellation of operating encumbrances in November and of
non-operating encumbrances in December.

(B)
The Director of Budget and Management may at any time correct
accounting errors committed by staff or a state agency or state
institution of higher education, as defined in section 3345.011 of
the Revised Code, such as reestablishing prior year non-operating
encumbrances canceled or modified in error. The reestablished
encumbrance amounts are hereby appropriated.

Section
503.70.
TEMPORARY
REVENUE HOLDING

The
Director of Budget and Management may create funds in the state
treasury solely for the purpose of temporarily holding revenue
required to be credited to a fund in the state treasury, whose
disposition is not immediately known at the time of receipt. Once
identified, the Director shall credit the revenue to the appropriate
fund in the state treasury.

Notwithstanding
section 153.63 of the Revised Code or any other provision of law to
the contrary, upon certification by a director or head of a state
agency, in lieu of banks, buildings and loan associations, or other
institutions, the Director of Budget and Management may create funds
in the state treasury on behalf of an agency when the agency is
required by law to detain funds in escrow. All investment earnings of
the fund shall be credited to the fund while the detained amounts
remain in escrow. The Director of Budget and Management may transfer
cash between funds within the state treasury to satisfy escrow
requirements.

Section
503.80.
APPROPRIATIONS
RELATED TO CASH TRANSFERS AND RE-ESTABLISHMENT OF ENCUMBRANCES

Any
cash transferred by the Director of Budget and Management under
section 126.15 of the Revised Code is hereby appropriated. Any
amounts necessary to re-establish appropriations or encumbrances
under section 126.15 of the Revised Code are hereby appropriated.

Section
503.90.
TRANSFERS
OF THIRD FRONTIER APPROPRIATIONS

The
Director of Budget and Management may transfer appropriations between
the Third Frontier Research and Development Fund (Fund 7011) and the
Third Frontier Research and Development Taxable Bond Fund (Fund 7014)
as necessary to maintain the exclusion from the calculation of gross
income for federal income taxation purposes under the Internal
Revenue Code with respect to obligations issued to fund projects
appropriated from the Third Frontier Research and Development Fund
(Fund 7011).

The
Director may also create new appropriation items within the Third
Frontier Research and Development Taxable Bond Fund (Fund 7014) and
make transfers of appropriations to them for projects originally
funded from appropriations made from the Third Frontier Research and
Development Fund (Fund 7011).

Section
503.100.
INCOME
TAX DISTRIBUTION TO COUNTIES

There
are hereby appropriated out of any moneys in the state treasury to
the credit of the General Revenue Fund, which are not otherwise
appropriated, funds sufficient to make any payment required by
division (B)(2) of section 5747.03 of the Revised Code.

Section
503.110.
EXPENDITURES
AND APPROPRIATION INCREASES APPROVED BY THE CONTROLLING BOARD

Any
money that the Controlling Board approves for expenditure or any
increase in appropriation that the Controlling Board approves under
sections 127.14, 131.35, and 131.39 of the Revised Code or any other
provision of law is hereby appropriated for the period ending June
30, 2027.

Section
503.120.
FUNDS
RECEIVED FOR USE OF GOVERNOR'S RESIDENCE

If
the Governor's Residence Fund (Fund 4H20) receives payment for use of
the residence pursuant to section 107.40 of the Revised Code, the
amounts so received are hereby appropriated to appropriation item
100604, Governor's Residence Gift.

Section
503.140.
FUND
INVESTMENT EARNINGS

Not
later than July 15, 2025, the Office of Budget and Management shall
redirect the investment earnings of the following funds to the
General Revenue Fund from that date forward:

(A)
The Capitol Square Improvement Fund (Fund 5AN1);

(B)
The Health Care/Medicaid Support and Recoveries Fund (Fund 5DL0);

(C)
The Ohio Workforce Incumbent Job Training Fund (Fund 5NH0).

Section
504.10.
GENERAL
OBLIGATION DEBT SERVICE PAYMENTS

Certain
appropriations are in this act for the purpose of paying debt service
and financing costs on general obligation bonds or notes of the state
issued pursuant to the Ohio Constitution, Revised Code, and acts of
the General Assembly. If it is determined that additional
appropriations are necessary for this purpose, such amounts are
hereby appropriated.

Section
504.20.
LEASE
RENTAL PAYMENTS FOR DEBT SERVICE

Certain
appropriations are in this act for the purpose of making lease rental
payments pursuant to leases and agreements relating to bonds, notes,
or other obligations issued by or on behalf of the state pursuant to
the Ohio Constitution, Revised Code, and acts of the General
Assembly. If it is determined that additional appropriations are
necessary for this purpose, such amounts are hereby appropriated.

Section
504.30.
AUTHORIZATION
FOR TREASURER OF STATE AND OBM TO EFFECTUATE CERTAIN DEBT SERVICE
PAYMENTS

The
Office of Budget and Management shall process payments from general
obligation and lease rental payment appropriation items during the
period from July 1, 2025, through June 30, 2027, relating to bonds,
notes, or other obligations issued by or on behalf of the state
pursuant to the Ohio Constitution, Revised Code, and acts of the
General Assembly. Payments shall be made upon certification by the
Treasurer of State of the dates and the amounts due on those dates.

Section
505.10.
ARBITRAGE
REBATE AUTHORIZATION

If
it is determined that a payment is necessary in the amount computed
at the time to represent the portion of investment income to be
rebated or amounts in lieu of or in addition to any rebate amount to
be paid to the federal government in order to maintain the exclusion
from gross income for federal income tax purposes of interest on
those state obligations under section 148(f) of the Internal Revenue
Code, such an amount is hereby appropriated from those funds
designated by or pursuant to the applicable proceedings authorizing
the issuance of state obligations.

Payments
for this purpose shall be approved and vouchered by the Office of
Budget and Management.

Section
505.20.
STATEWIDE
INDIRECT COST RECOVERY

Whenever
the Director of Budget and Management determines that an
appropriation made to a state agency from a fund of the state is
insufficient to provide for the recovery of statewide indirect costs
under section 126.12 of the Revised Code, the amount required for
such purpose is hereby appropriated from the available receipts of
such fund.

Section
505.30.
TRANSFERS
ON BEHALF OF THE STATEWIDE INDIRECT COST ALLOCATION PLAN

The
total transfers made from the General Revenue Fund by the Director of
Budget and Management under this section shall not exceed the amounts
transferred into the General Revenue Fund under section 126.12 of the
Revised Code.

The
director of an agency may certify to the Director of Budget and
Management the amount of expenses not allowed to be included in the
Statewide Indirect Cost Allocation Plan under federal regulations,
from any fund included in the Statewide Indirect Cost Allocation
Plan, prepared as required by section 126.12 of the Revised Code.

Upon
determining that no alternative source of funding is available to pay
for such expenses, the Director of Budget and Management may transfer
cash from the General Revenue Fund into the fund for which the
certification is made, up to the amount of the certification. The
director of the agency receiving such funds shall include, as part of
the next budget submission prepared under section 126.02 of the
Revised Code, a request for funding for such activities from an
alternative source such that further federal disallowances would not
be required.

The
director of an agency may certify to the Director of Budget and
Management the amount of expenses paid in error from a fund included
in the Statewide Indirect Cost Allocation Plan. The Director of
Budget and Management may transfer cash from the fund from which the
expenditure should have been made into the fund from which the
expenses were erroneously paid, up to the amount of the
certification.

The
director of an agency may certify to the Director of Budget and
Management the amount of expenses or revenues not allowed to be
included in the Statewide Indirect Cost Allocation Plan under federal
regulations, for any fund included in the Statewide Indirect Cost
Allocation Plan, for which the federal government requires payment.
If the Director of Budget and Management determines that an
appropriation made to a state agency from a fund of the state is
insufficient to pay the amount required by the federal government,
the amount required for such purpose is hereby appropriated from the
available receipts of such fund, up to the amount of the
certification.

Section
505.35.
TRANSFERS
TO OAKS SUPPORT ORGANIZATION FUND

Transfers
from the General Revenue Fund to the OAKS Support Organization Fund
(Fund 5EB0) under division (A)(2)(b) of section 126.12 of the Revised
Code shall not exceed $1,250,000 cash in each fiscal year of the
biennium ending June 30, 2027.

Section
505.40.
FEDERAL
GOVERNMENT INTEREST REQUIREMENTS

Notwithstanding
any provision of law to the contrary, on or before the first day of
September of each fiscal year, the Director of Budget and Management,
in order to reduce the payment of adjustments to the federal
government, as determined by the plan prepared under division (A) of
section 126.12 of the Revised Code, may designate such funds as the
Director considers necessary to retain their own interest earnings.

Section
505.50.
FEDERAL
CASH MANAGEMENT IMPROVEMENT ACT

Pursuant
to the plan for compliance with the Federal Cash Management
Improvement Act required by section 131.36 of the Revised Code, the
Director of Budget and Management may cancel and re-establish all or
part of encumbrances in like amounts within the funds identified by
the plan. The amounts necessary to re-establish all or part of
encumbrances are hereby appropriated.

Section
505.60.
INTEREST
EARNINGS FOR FEDERAL FUNDS

Notwithstanding
section 113.09 of the Revised Code, the Director of Budget and
Management may designate any fund within the state treasury that
receives federal revenue to be credited with investment earnings to
comply with federal law.

Section
505.70.
REPAYMENT
OF FEDERAL FUNDS

Any
unexpended federal revenue received into the state treasury remaining
at the end of its applicable period for expenditure which must be
returned in compliance with federal law, is hereby appropriated to
the fund in which it was received, for that purpose.

Section
505.75.
STATE
FISCAL RECOVERY FUND

An
amount equal to the unexpended and unencumbered portions of
appropriation items under the State Fiscal Recovery Fund (Fund 5CV3)
plus an amount equal to cash previously expended but returned to the
fund at the end of fiscal year 2025 are hereby reappropriated for the
same purpose in fiscal year 2026. An amount equal to the unexpended
and unencumbered portions of appropriation items under Fund 5CV3 plus
an amount equal to cash previously expended but returned to the fund
at the end of fiscal year 2026 are hereby reappropriated for the same
purpose in fiscal year 2027.

The
Director of Budget and Management may create new appropriation items
under Fund 5CV3. In each fiscal year, the Director may transfer
appropriation among newly created or existing appropriation items
under Fund 5CV3. The Director shall report appropriation transfers
made under this section to the Controlling Board no later than
January 30, 2027.

Section
505.80.
REAPPROPRIATION
OF RECOVERY AND RELIEF FUNDS

Amounts
equal to the unexpended portions of appropriation items under the
following recovery and relief funds, at the end of fiscal year 2025
are hereby reappropriated to the same appropriation items and shall
be used for the same purposes in fiscal year 2026: CARES Act School
Relief Fund (Fund 3HS0), Governor's Emergency Education Relief Fund
(Fund 3HQ0), Emergency Rental Assistance Fund (5CV2), ARPA Capital
Projects Fund (5CV5), ARPA Home and Community Based Services –
Federal Fund (Fund 3HC8), and ARPA Home and Community Based Services
Fund (Fund 5HC8).

Amounts
equal to the unexpended portions of appropriation items under the
following recovery and relief funds, at the end of fiscal year 2026,
are hereby reappropriated to the same appropriation items and shall
be used for the same purposes in fiscal year 2027: ARPA Home and
Community Based Services – Federal Fund (Fund 3HC8), Governor's
Emergency Education Relief Fund (Fund 3HQ0), CARES Act School Relief
Fund (Fund 3HS0), Emergency Rental Assistance Fund (Fund 5CV2), ARPA
Capital Projects Fund (Fund 5CV5), and ARPA Home and Community Based
Services Fund (Fund 5HC8).

Section
506.10.
ONE
TIME STRATEGIC COMMUNITY INVESTMENTS

Notwithstanding
Section 200.30 of H.B. 2 of the 135th General Assembly, the Office of
Budget and Management shall not provide a grant from appropriation
item 042509, One Time Strategic Community Investments, to the Chardon
High School Athletic Boosters for the Chardon Memorial Stadium
Restroom and Concession Project. If any amount has been released
prior to the effective date of this section, Chardon High School
Athletic Boosters shall promptly return the unexpended portion of
that amount, as of the effective date of this section, to the state
treasury to the credit of the One Time Strategic Community
Investments Fund (Fund 5AY1). The Office of Budget and Management
shall distribute the amount returned by Chardon High School Athletic
Boosters, if any, as follows: forty per cent to South Ridge Christian
Academy for school building and roof renovations and sixty per cent
to Agricultural Career Education Academy for DOPR career-technical
program and infrastructure projects. This amount is hereby
appropriated.

Section
509.10.
TRANSFERS
INTO GENERAL REVENUE FUND

INTEREST
EARNED

Notwithstanding
any provision of law to the contrary, the Director of Budget and
Management, through June 30, 2027, may transfer interest earned by
any state fund to the General Revenue Fund. This section does not
apply to funds whose source of revenue is restricted or protected by
the Ohio Constitution, federal tax law, or the "Cash Management
Improvement Act of 1990," 104 Stat. 1058 (1990), 31 U.S.C. 6501
et seq., as amended.

NON-GRF
FUNDS

Notwithstanding
any provision of law to the contrary, the Director of Budget and
Management may transfer up to $200,000,000 cash during the biennium
ending June 30, 2027, from non-General Revenue Funds that are not
constitutionally restricted to the General Revenue Fund. The Director
shall report any such transfers to the Controlling Board within
thirty days of making the transfer.

TANGIBLE
PROPERTY TAX REPLACEMENT FUNDS

During
the biennium ending June 30, 2027, the Director of Budget and
Management may transfer cash as necessary from the School District
Tangible Property Tax Replacement Fund (Fund 7047) and the Local
Government Tangible Property Tax Replacement Fund (Fund 7081) to the
General Revenue Fund.

ALL
OHIO FUTURE FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer $250,000,000 cash from the All
Ohio Future Fund (Fund 5XM0) to the General Revenue Fund.

SUPER
RAPIDS FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer up to $10,000,000 cash from the
Super RAPIDS Fund (Fund 5AH1) to the General Revenue Fund.

ADULT
USE TAX FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer $35,000,000 cash from the Adult
Use Tax Fund (Fund QG18) to the General Revenue Fund.

GROW
YOUR OWN TEACHER PROGRAM FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer up to $9,000,000 cash from the
Grow Your Own Teacher Program Fund (Fund 5ZY0) to the General Revenue
Fund.

AUDIT
SETTLEMENTS AND CONTINGENCY FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer $4,000,000 cash from the Audit
Settlements and Contingency Fund (Fund 5BP1) to the General Revenue
Fund.

PRE-SECURITIZATION
TOBACCO PAYMENTS FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer $20,000,000 cash from the
Pre-Securitization Tobacco Payments Fund (Fund 5LS0) to the General
Revenue Fund.

LITERACY
IMPROVEMENT FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer up to $10,000,000 cash from the
Literacy Improvement Fund (Fund 5AQ1) to the General Revenue Fund.

INFORMATION
TECHNOLOGY DEVELOPMENT FUND

On
July 1 of each fiscal year, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $2,500,000 cash from
the Information Technology Development Fund (Fund 5LJ0) to the
General Revenue Fund.

HUMAN
SERVICES PROJECT FUND

On
July 1 of each fiscal year, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $5,000,000 cash from
the Human Services Projects Fund (Fund 5RY0) to the General Revenue
Fund.

BROADBAND
POLE REPLACEMENT FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer $15,000,000 cash from the
Broadband Pole Replacement Fund (Fund 5AI1) to the General Revenue
Fund.

WORKFORCE
DEVELOPMENT PROJECTS FUND

Notwithstanding
section 6301.19 of the Revised Code, on July 1, 2025, or as soon as
possible thereafter, the Director of Budget and Management shall
transfer $1,000,000 cash from the Workforce Development Projects Fund
(Fund 5RX0) to the General Revenue Fund.

RAIL
SAFETY CROSSING FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer $15,000,000 cash from the Rail
Safety Crossing Fund (Fund 5ZP0) to the General Revenue Fund.

ODJFS
AUDIT SETTLEMENTS AND CONTINGENCY FUND

Notwithstanding
section 5101.073 of the Revised Code, on July 1 of each fiscal year,
or as soon as possible thereafter, the Director of Budget and
Management shall transfer $4,000,000 cash from the ODJFS Audit
Settlements and Contingency Fund (Fund 5DM0) to the General Revenue
Fund.

Section
512.10.
TRANSFERS
OUT OF GENERAL REVENUE FUND

STATE
MARKETING OFFICE FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer up to $22,000,000 cash from the
General Revenue Fund to the State Marketing Office Fund (Fund 5MJ0).

FOUNDATION
FUNDING - ALL STUDENTS FUND

Notwithstanding
any provision of law to the contrary, the Director of Budget and
Management may transfer up to $600,000,000 cash, in each fiscal year,
from the General Revenue Fund to the Foundation Funding - All
Students Fund (Fund 5VS0).

SECOND
CHANCE GRANT PROGRAM FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer up to $4,000,000 cash from the
General Revenue Fund to the Second Chance Grant Program Fund (Fund
5YD0).

MARCS
ADMINISTRATION FUND

On
July 1 of each fiscal year, or as soon as possible thereafter, the
Director of Budget and Management may transfer up to $10,500,000 cash
from the General Revenue Fund to the MARCS Administration Fund (Fund
5C20).

WILDLIFE
FUND

On
July 1 of each fiscal year, or as soon as possible thereafter, the
Director of Budget and Management may transfer $500,000 cash from the
General Revenue Fund to the Wildlife Fund (Fund 7015).

TRANSCRANIAL
MAGNETIC STIMULATION FUND

On
July 1 of each fiscal year, or as soon as possible thereafter, the
Director of Budget and Management may transfer $5,000,000 cash from
the General Revenue Fund to the Transcranial Magnetic Stimulation
Fund (Fund 5VV0).

H2OHIO
FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management may transfer $165,000,000 from the General
Revenue Fund to the H2Ohio Fund (Fund 6H20).

OHIO
MARITIME ASSISTANCE PROGRAM

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer $10,000,000 cash from the
General Revenue Fund to the Ohio Maritime Assistance Fund (Fund
5QT0).

RESIDENTIAL
DEVELOPMENT REVOLVING LOAN

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer $100,000,000 cash from the
General Revenue Fund to the Residential Development Revolving Loan
Fund (Fund 5CT1).

RURAL
PRACTICE INCENTIVE FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer $3,000,000 cash from the General
Revenue Fund to the Rural Practice Incentive Fund (Fund 5ZD0).

EWARRANT
LOCAL INTEGRATION FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management may transfer $750,000 cash from the General
Revenue Fund to the eWarrant Local Integration Fund (Fund 5AZ1).

TARGETED
ADDICTION PROGRAM FUND

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer $12,500,000 cash from the
General Revenue Fund to the Targeted Addiction Program Fund (Fund
5TZ0).

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer $10,000,000 cash from the
General Revenue Fund to the Medical Marijuana Control Fund (Fund
5SY0).

Section
513.10.
FISCAL
YEARS 2025 AND 2026 GENERAL REVENUE FUND ENDING BALANCE

Notwithstanding
section 131.44 of the Revised Code and except as provided in section
5163.04 of the Revised Code, the cash balance of the General Revenue
Fund on June 30, 2025, and on June 30, 2026, shall remain in the
General Revenue Fund.

Section
514.10.
UTILITY
RADIOLOGICAL SAFETY BOARD ASSESSMENTS

Unless
the agency and nuclear electric utility mutually agree to a higher
amount by contract, the maximum amounts that may be assessed against
nuclear electric utilities under division (B)(2) of section 4937.05
of the Revised Code and deposited into the specified funds are as
follows:

1

2

3

4

A

Fund

User

FY
2026

FY
2027

B

Utility
Radiological Safety Fund (Fund 4E40)

Department
of Agriculture

$136,000

$142,000

C

Radiation
Emergency Response Fund (Fund 6100)

Department
of Health

$1,551,682

$1,598,000

D

ER
Radiological Safety Fund (Fund 6440)

Environmental
Protection Agency

$274,997

$280,510

E

Emergency
Response Plan Fund (Fund 6570)

Department
of Public Safety

$1,420,000

$1,467,000

Section
515.40.
EMPLOYEE
BENEFITS FUNDS CASH TRANSFERS

Notwithstanding
any provision of law to the contrary, upon request of the Director of
Administrative Services, the Director of Budget and Management may
make temporary cash transfers between the Accrued Leave Liability
Fund (Fund 8060), the State Employee Health Benefit Fund (Fund 8080),
the Dependent Care Spending Fund (Fund 8090), the Life Insurance
Investment Fund (Fund 8100), the Parental Leave Benefit Fund (Fund
8110), and the Health Care Spending Account Fund (Fund 8130) to
ensure appropriate and supportable cash flow.

Section
516.10.
CASH
TRANSFERS AND ABOLISHMENT OF FUNDS

(A)
On July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management may transfer the cash balance from each of the
funds as indicated in the table below to the fund also indicated in
the table below. Upon completion of each transfer and on the
effective date of its repeal by this act, where applicable, the fund
from which the cash balance was transferred is hereby abolished.

1

2

3

4

5

A

Transfer
from:

Transfer
to:

B

User
Agency

Fund

Fund
Name

Fund

Fund
Name

C

AGO

5MP0

Peace
Officer Training Commission Fund

5LR0

Ohio
Law Enforcement Training Fund

D

AGR

5MA0

Dangerous
and Restricted Animal Fund

5MS0

Animal
and Consumer Protection Fund

E

AGR

5PL0

Pet
Store License Fund

5MR0

Commercial
Dog Breeding Fund

F

DAS

5MV0

Theatre
Equipment Maintenance Fund

GRF

General
Revenue Fund

G

DAS

1280

Collective
Bargaining Fund

1250

Human
Resources Services Fund

H

MHA

3A60

Federal-Miscellaneous
Fund

5AU0

Behavioral
Health Care Fund

I

DPS

3HT0

Justice
Emergency Supplemental Funding Fund

GRF

General
Revenue Fund

J

DPS

5RS0

Community
Police Relations Fund

5AZ1

eWarrant
Local Integration Fund

K

MCD

5XY0

Hospital
Directed Payment Fund

5AN0

State
Directed Payments Fund

L

OOD

3L10

Social
Security Reimbursement Fund

3790

Consolidated
Federal Fund

M

TOS

7090

Job
Ready Site Development Bond Retirement Fund

GRF

General
Revenue Fund

N

LSC

4100

Sale
of Publications Fund

GRF

General
Revenue Fund

O

LSC

4F60

Legislative
Budget Services Fund

GRF

General
Revenue Fund

P

LSC

5EF0

Legislative
Agency Telephone Usage Fund

GRF

General
Revenue Fund

Q

BOR

5RA0

Workforce
and Higher Education Programs Fund

GRF

General
Revenue Fund

R

DOH

5UA0

Emergency
Preparation and Response Fund

GRF

General
Revenue Fund

(B)
The following funds are hereby abolished on the effective date of
their repeal by this act:

1

2

3

A

User
Agency

Fund

Fund
Name

B

AGR

5HP0

Ohio
Livestock Care Standards Fund

C

DDD

4U40

Developmental
Disabilities Trust Fund

D

MCD

3ER0

Health
Information Technology Fund

E

OBM

5AT1

Statewide
Children's Vision Initiative Fund

F

OBM

5CV1

Coronavirus
Relief Fund

G

PRX

3DV0

Enhancing
Ohio's PMP Fund

H

PRX

3BC0

Dangerous
Drug Database Fund

I

PRX

3EB0

NASPER
Fund

J

PRX

3EY0

Administration
of PMIX HUB Fund

K

PRX

3EZ0

NASPER
10 Fund

L

PRX

3CT0

2008
Developing/Enhancing PMP Fund

(C)
On July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall transfer the cash balance from each of
the funds as indicated in the table below to the fund also indicated
in the table below. Upon completion of each transfer and on the
effective date of its repeal by this act, where applicable, the fund
from which the cash balance was transferred is hereby abolished.

1

2

3

4

5

A

Transfer
from:

Transfer
to:

B

User
Agency

Fund

Fund
Name

Fund

Fund
Name

C

DEV

5KN0

Local
Government Innovation Fund

GRF

General
Revenue Fund

(D)
On July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management may transfer the cash balance from each of the
funds as indicated in the table below to the fund also indicated in
the table below after any encumbrances in these funds are fully
discharged. Upon completion of each transfer and on the effective
date of its repeal by this act, where applicable, the fund from which
the cash balance was transferred is hereby abolished.

1

2

3

4

5

A

Transfer
from:

Transfer
to:

B

User
Agency

Fund

Fund
Name

Fund

Fund
Name

C

EDU

5VU0

School
Bus Purchase Fund

GRF

General
Revenue Fund

Section
516.30.
CASH
TRANSFERS TO PRIORITY PROJECTS FUND

On
July 1 of each fiscal year, or as soon as possible thereafter, the
Director of Budget and Management shall transfer cash as indicated in
the table below from each of the funds also as indicated in the table
below to the Priority Projects Fund (Fund 5AO0).

1

2

3

A

Fund

FY
2026

FY
2027

B

State
Small Business Credit Initiative Fund (Fund 3FJ0)

$500,000

$500,000

C

Business
Assistance Fund (Fund 4510)

$500,000

$500,000

D

Minority
Business Enterprise Loan Fund (Fund 4W10)

$1,000,000

$1,000,000

E

Rural
Industrial Park Loan

Fund
(Fund 4Z60)

$2,500,000

$2,500,000

F

State
Fire Marshal Fund (Fund 5460)

$2,000,000

$2,000,000

G

Industrial
Compliance Operating Fund (Fund 5560)

$1,500,000

$1,500,000

H

Securities
Investor Education/Enforcement Fund(Fund 5GK0)

$500,000

$500,000

I

Capital
Access Loan Fund (Fund 5S90)

$1,000,000

$1,000,000

J

Innovation
Ohio Loan Fund (Fund 7009)

$2,500,000

$2,500,000

K

Research
and Development Loan Fund (Fund 7010)

$2,000,000

$2,000,000

L

Facilities
Establishment Fund (Fund 7037)

$3,000,000

$3,000,000

Section
518.10.
OHIO
STATE SMALL BUSINESS CREDIT INITIATIVE VENTURE CAPITAL PROGRAM FUND

The
Ohio State Small Business Credit Initiative Venture Capital Program
Fund (Fund 3IC0) is hereby created in the state treasury. Money in
the fund shall be used to pay the expenses of the Ohio Department of
Development for the Ohio Growth Capital, Ohio Early-Stage Focus,
Certified Development Financial Institution Loan, and Collateral
Enhancement programs, including administrative expenses. All federal
funds received from the State Small Business Credit Initiative of the
United States Department of the Treasury shall be credited to the
fund. All investment earnings of the fund shall be credited to the
fund.

Section
525.10.
(A)
As used in this section, "Ohio Benefits Program" means the
integrated enterprise solution administered by the Department of
Administrative Services that assists individuals in verifying
eligibility for, and applying for, benefits offered through various
programs administered by the Department of Job and Family Services
and the Department of Medicaid, including the Medicaid program,
Supplemental Nutrition Assistance Program, and Temporary Assistance
for Needy Families.

(B)
Not later than July 1, 2026, the Director of Administrative Services
and the Director of Job and Family Services shall develop a detailed
organizational plan and enter into a memorandum of understanding to
transfer administration of the Ohio Benefits Program from the
Department of Administrative Services to the Department of Job and
Family Services.

(C)
Not later than July 1, 2027, the Director of Administrative Services
may transfer the Director's responsibility for administering the Ohio
Benefits Program to the Director of Job and Family Services. If the
Director of Administrative Services transfers the program, all of the
following apply:

(1)
All contracts, records, documents, files, equipment, assets,
materials, and staff resources that relate to the Ohio Benefits
Program shall be transferred to the Director of Job and Family
Services.

(2)
Any business commenced, but not completed, by July 1, 2027, by the
Director of Administrative Services with respect to the Ohio Benefits
Program shall be completed by the Director of Job and Family Services
in the same manner, and with the same effect, as if completed by the
Director of Administrative Services.

(3)
No validation, cure, right, privilege, remedy, obligation, or
liability is lost or impaired by reason of the transfer of the Ohio
Benefits Program.

(D)
If the Director of Administrative Services transfers the program, no
action or proceeding pending on the date of the transfer is affected
by the transfer, and any such action or proceeding shall be
prosecuted or defended in the name of the Director of Job and Family
Services or Department of Job and Family Services. In all such
actions or proceedings, the Director or Department, on application to
the court, shall be substituted as a party.

(E)
If the Director of Administrative Services transfers the program, all
rules, orders, and determinations issued with respect to the Ohio
Benefits Program continue in effect as if issued by the Director of
Job and Family Services until modified or rescinded by the Director.
Pursuant to section 103.05 of the Revised Code and at the request of
the Director of Job and Family Services, the Director of the
Legislative Service Commission may renumber any rules related to the
Ohio Benefits Program to reflect its transfer.

(F)
If the Director of Administrative Services transfers the program, the
Director of Administrative Services and the Director of Job and
Family Services, jointly or separately, may enter into a contract
with a public or private entity for staff training and development to
facilitate the transfer of the Ohio Benefits Program. Division (B) of
section 127.16 of the Revised Code does not apply to a contract
entered into under this division.

(G)
Subject to the layoff provisions of sections 124.321 to 124.328 of
the Revised Code, if the Director of Administrative Services
transfers the program, all of the Director of Administrative
Service's employees, as identified by the Director, whose primary
responsibilities include administering the Ohio Benefits Program are
transferred to the Department of Job and Family Services. Except as
provided in division (H) of this section, employees transferred under
this division retain their positions and all of the benefits accruing
thereto. Any changes to an employee's position or benefits that occur
after the employee is transferred to the Department under this
division are subject to Chapter 124. of the Revised Code. Any actions
taken under this division are not appealable to the State Personnel
Board of Review.

(H)
If the Director of Administrative Services transfers the program, the
Director of Job and Family Services may do all of the following:

(1)
Establish, change, or abolish positions within the Department of Job
and Family Services;

(2)
Assign, reassign, classify, reclassify, transfer, reduce, promote, or
demote employees of the Department who are not subject to Chapter
4117. of the Revised Code;

(3)
Assign or reassign an exempt employee, as defined in section 124.152
of the Revised Code, to a bargaining unit for purposes of Chapter
4117. of the Revised Code if the Director determines the bargaining
unit is the appropriate bargaining unit with respect to that exempt
employee.

(I)
If, in accordance with division (H) of this section, the Director of
Job and Family Services assigns, reassigns, classifies, reclassifies,
transfers, reduces, or demotes an employee paid in accordance with
schedule E-1 of section 124.152 of the Revised Code to a position in
a lower classification, both of the following apply:

(1)
The Director of Job and Family Services, or if the employee is
transferred outside of the Department of Job and Family Services, the
Director of Administrative Services, shall assign the employee to the
appropriate classification and place the employee in pay step X.

(2)
The employee shall not receive an increase in compensation until the
maximum rate of pay for that classification exceeds the employee's
compensation.

(J)
If the Director of Administrative Services transfers the program, the
Director of Job and Family Services, with the approval of the
Director of Budget and Management, may establish a retirement
incentive plan for employees transferred to the Department of Job and
Family Services under division (G) of this section. Notwithstanding
any provision to the contrary in section 145.297 of the Revised Code,
if the Director establishes such a plan under this division, it shall
remain in effect until December 31, 2027.

(K)
Notwithstanding any provision to the contrary in sections 4117.08 and
4117.10 of the Revised Code, the transfer of the Ohio Benefits
Program and the transfer of employees described under division (J) of
this section, and the reassignment of administering the Ohio Benefits
Program, are not appropriate subjects for collective bargaining under
Chapter 4117. of the Revised Code.

(L)
Notwithstanding any provision of law to the contrary, if the Director
of Administrative Services transfers the program, the Director of
Budget and Management shall make budget and accounting changes to
implement the transfer. The Director may rename funds, create new
funds, transfer funds, consolidate funds, or make other
administrative changes. If necessary, the Director may cancel or
establish encumbrances or parts of encumbrances in the appropriate
funds and appropriation items for the same purposes and for payments
to the same vendor. Such encumbrances are hereby appropriated. If
necessary for the continued efficient administration of the Ohio
Benefits Program, the Director may transfer appropriations between
the Department of Job and Family Services and the Department of
Administrative Services to continue levels of program services and
efficiently deliver funding to the program as appropriated under this
division. Such changes are hereby appropriated.

Section
525.20.
PROGRAM
TRANSFERS

(A)
Notwithstanding any provision of law to the contrary, before July 1,
2027, the Department of Development shall transfer the entirety of
its responsibility of managing the following programs to the Ohio
Department of Job and Family Services:

(1)
Low-income customer assistance programs;

(2)
Consumer Education Program;

(3)
Community Services Block Grant;

(4)
Electric Partnership Plan Fund.

(B)
Any business commenced but not completed by July 1, 2027, within the
Department of Development that is planned to be transferred pursuant
to this section shall be completed by the Department of Job and
Family Services in the same manner and with the same effect as if
completed by the Department of Development.

(C)
By July 1, 2026, the Director of Job and Family Services and the
Director of Development, or their designees, shall develop a detailed
organizational plan to implement the transfer of duties and functions
of the programs listed in this section from the Department of
Development to the Department of Job and Family Services. Pursuant to
this plan, the directors of the respective departments shall enter
into a memorandum of understanding to implement the transfer of
duties and functions of the programs listed in this section from the
Department of Development to the Department of Job and Family
Services.

(D)
The Director of Job and Family Services and the Director of
Development may jointly or separately enter into one or more
contracts with public or private entities for staff training and
development to facilitate the transfer of duties and functions of the
programs listed in this section from the Department of Development to
the Department of Job and Family Services. Division (B) of section
127.16 of the Revised Code does not apply to contracts entered into
under this section.

(E)
All Department of Development employees and resources identified by
the Director of Development to be associated with the work of the
programs listed in this section are transferred to the Department of
Job and Family Services on July 1, 2027, or an earlier date
identified by the respective directors. Subject to the layoff
provisions of sections 124.321 to 124.381 of the Revised Code,
employees who are transferred retain their same positions and all
benefits accruing thereto. Once transferred to the Department of Job
and Family Services, changes to positions or benefits for employees
shall be controlled by Chapter 124. of the Revised Code, or other
applicable Revised Code or Administrative Code sections. Actions
taken under this section are not subject to appeal to the State
Personnel Board of Review.

(1)
Notwithstanding division (E) of this section, the Director of Job and
Family Services has the authority to establish, change, and abolish
positions for the Department of Job and Family Services, and to
assign, reassign, classify, reclassify, transfer, reduce, promote, or
demote all employees of the Department of Job and Family Services who
are not subject to Chapter 4117. of the Revised Code.

(2)
The authority granted under division (E)(1) of this section includes
assigning or reassigning an exempt employee, as defined in section
124.152 of the Revised Code, to a bargaining unit classification if
the Director of Job and Family Services determines that the
bargaining unit classification is the proper classification for that
employee. If an employee in the E-1 pay range is to be assigned,
reassigned, classified, reclassified, transferred, reduced, or
demoted to a position in a lower classification, the Director of Job
and Family Services, or in the case of a position transferred outside
of the Department, the Director of Development, shall assign the
employee to the appropriate classification and place the employee in
Step X. The employee shall not receive any increase in compensation
until the maximum rate of pay for that classification exceeds the
employee's compensation.

(3)
Notwithstanding any provision to the contrary in sections 4117.08 and
4117.10 of the Revised Code, the transfer of programs and employees
under this section, and the reassignment of certain functions and
duties, are not appropriate subjects for collective bargaining under
Chapter 4117. of the Revised Code.

(4)
The Director of Job and Family Services may, with the approval of the
Office of Budget and Management, establish a retirement incentive
plan for eligible employees of those agencies who are members of the
Public Employee Retirement System whose job duties will be
transferred to the Department of Job and Family Services.
Notwithstanding any provision of section 145.297 of the Revised Code
to the contrary, a retirement incentive plan established pursuant to
this section shall remain in effect until December 31, 2027.

(F)
No validation, cure, right, privilege, remedy, obligation, or
liability is lost or impaired by reason of the transfer required by
this section but shall be administered by the Department of Job and
Family Services. No action or proceeding pending on the effective
date of the transfer of duties, functions, and programs to the
Department of Job and Family Services is affected by the transfer and
shall be prosecuted or defended in the name of the Department or
Director, as appropriate. In all such actions for those transferred
duties, functions, and programs, the Department or Director shall be
substituted as a party.

(G)
Effective July 1, 2027, or on an earlier date determined by the
directors identified in this division, all contracts, records,
documents, files, equipment, assets, and other materials of the
programs and staff resources transferred under this section are to be
transferred to the Department of Job and Family Services.

(H)
All rules, orders, and determinations made or undertaken related to
programs listed in this section shall continue in effect as rules,
orders, and determinations of the Department of Job and Family
Services until modified or rescinded by the Department of Job and
Family Services. If necessary to ensure the integrity of the
numbering of the Administrative Code and at the request of the
Director of Job and Family Services, the Director of the Legislative
Service Commission may renumber the rules related to the programs
listed in this section to reflect this transfer.

(I)
Notwithstanding any provision of law to the contrary, the Director of
Budget and Management shall make budget and accounting changes to
implement the transfer of duties, functions, and program of the
programs listed in this section to the Department of Job and Family
Services as described in this section, including administrative
organization, renaming of funds, creation of new funds, transfer of
state funds, and consolidation of funds. The Director of Budget and
Management may, if necessary, cancel or establish encumbrances or
parts of encumbrances in the appropriate funds and appropriation
items for the same purposes and for payment to the same vendor. Such
encumbrances are hereby appropriated. If necessary for the continued
efficient administration of programs listed in this section, the
Director of Budget and Management may transfer appropriations between
the Department of Job and Family Services and the Department of
Development to continue levels of program services and efficiently
deliver state funding to those programs as appropriated herein. Such
changes are hereby appropriated.

Section
525.40.
On
the effective date of this section, the Ohio Public Employees
Deferred Compensation Board is abolished. All records, assets, and
liabilities of the Ohio Public Employees Deferred Compensation Board
shall be transferred to the Public Employees Retirement Board. The
Public Employees Retirement Board is successor to, and assumes the
obligations of, the Ohio Public Employees Deferred Compensation
Board.

Any
business commenced, but not completed by, the Ohio Public Employees
Deferred Compensation Board or the Executive Director of that Board
on the effective date of this section shall be completed by the
Public Employees Retirement Board or the Executive Director of the
Public Employees Retirement System in the same manner, and with the
same effect, as if completed by the Ohio Public Employees Deferred
Compensation Board or the Executive Director of that Board. No
validation, cure, right, privilege, remedy, obligation, or liability
is lost or impaired by reason of the transfer required by this
section.

All
employees of the Ohio Public Employees Deferred Compensation Board
are transferred to the Public Employees Retirement System and retain
their positions and all of the benefits accruing thereto.

No
action or proceeding pending on the effective date of this section is
affected by the transfer, and any such action or proceeding shall be
prosecuted or defended in the name of the Public Employees Retirement
Board or the Executive Director of the Public Employees Retirement
System. In all such actions and proceedings, the Public Employees
Retirement Board or the Executive Director of the Public Employees
Retirement System, on application to the court, shall be substituted
as a party.

Section
525.50.
(A)
Notwithstanding any contrary provision of sections 109.02, 145.054,
145.055, 145.99, 742.043, 742.044, 742.99, 3307.073, 3307.074,
3307.99, 3309.073, 3309.074, 3309.99, 3501.05, 3513.10, 3517.01,
3517.08, 3517.081, 3517.102, 3517.109, 3517.11, 3517.121, 3517.152,
3517.153, 3517.154, 3517.155, 3517.157, 3517.20, 3517.21, 3517.22,
3517.23, 3517.992, 3517.993, 5505.045, 5505.046, and 5505.99 of the
Revised Code as amended by this act, sections 3517.152 (3517.14),
3517.153 (3517.15), 3517.154 (3517.16), 3517.155 (3517.17), 3517.157
(3517.18), 3517.992 (3517.99), and 3517.993 (3517.171) of the Revised
Code as renumbered by this act, or new section 3517.991 and section
111.29 of the Revised Code as enacted by this act, and
notwithstanding the repeal of sections 3517.14, 3517.151, 3517.156,
3517.99, and 3517.991 of the Revised Code by this act, the provisions
of those sections that were in effect immediately before the
effective date of this section continue to apply to the Ohio
Elections Commission until the Commission is abolished on January 1,
2026. The Commission shall continue to hear and issue decisions
concerning complaints filed with the Commission before January 1,
2026, in accordance with those provisions.

(B)(1)
The Ohio Elections Commission is abolished on January 1, 2026.

(2)
On January 1, 2026, any complaint pending before the Ohio Elections
Commission, is transferred to the Ohio Election Integrity Commission
for hearing and disposition in accordance with division (A) of
section 3517.155(3517.17) of the Revised Code, as amended and
renumbered by this act, provided that divisions (A)(4) and (5) of
that section do not apply to a complaint transferred under this
division. The Ohio Elections Commission shall provide all records
regarding the complaint to the Ohio Election Integrity Commission.

(3)
All other records of the Ohio Elections Commission and all of its
other assets and liabilities shall be transferred to the Ohio
Election Integrity Commission. The Ohio Election Integrity Commission
is successor to, and assumes the obligations of, the Ohio Elections
Commission.

(C)
Except for the disposition of a complaint pending before the Ohio
Elections Commission, any business commenced but not completed by the
Ohio Elections Commission or its Executive Director on January 1,
2026, shall be completed by the Ohio Election Integrity Commission in
the same manner, and with the same effect, as if completed by the
Ohio Elections Commission or by its Executive Director. No
validation, cure, right, privilege, remedy, obligation, or liability
is lost or impaired by reason of the transfer required by this
section.

(D)
Subject to the lay-off provisions of sections 124.321 to 124.328 of
the Revised Code, all of the Ohio Elections Commission's employees
are transferred to the Secretary of State and retain their positions
and all of the benefits accruing thereto.

(E)
On January 1, 2026, or as soon as possible thereafter, the Director
of Budget and Management shall transfer the cash balance of the Ohio
Elections Commission Fund (Fund 4P20) to the Ohio Election Integrity
Commission Fund (Fund 5CS1). Upon completion of the transfer, Fund
4P20 is abolished. The Director shall cancel any existing
encumbrances against appropriation item 051601, Operating Support,
and reestablish them against appropriation item 050604, Ohio Election
Integrity Commission. The reestablished encumbrance amounts are
hereby appropriated.

(F)
Whenever the Ohio Elections Commission or its Executive Director is
referred to in any law, contract, or other document, the reference
shall be deemed to refer to the Ohio Election Integrity Commission.

(G)
Except for the disposition of a complaint pending before the Ohio
Elections Commission, no action or proceeding pending on January 1,
2026, is affected by the transfer, and any such action or proceeding
shall be prosecuted or defended in the name of the Ohio Election
Integrity Commission. In all such actions and proceedings, the Ohio
Election Integrity Commission, on application to the court, shall be
substituted as a party.

Section
525.60.
(A)
Not later than July 1, 2026, the administration of the Aspire Program
shall transfer from the Department of Higher Education to the
Department of Education and Workforce. Not later than July 1, 2026,
the Director of Education and Workforce and the Chancellor of Higher
Education shall identify the duties, functions, and staff resources
within the Department of Higher Education that pertain to the Aspire
Program. The Director and Chancellor may enter into a memorandum of
understanding to implement the transfer of those duties, functions,
and staff resources and the transfer of any responsibilities required
to obtain federal grant funds to support the Aspire Program. Whenever
the Chancellor of Higher Education or the Department of Higher
Education is referred to in any law, contract, or other document
pertaining to the Aspire Program, including contracts sourced by the
Director of Administrative Services or the Department of
Administrative Services, the reference shall be deemed to refer to
the Director of Education and Workforce or the Department of
Education and Workforce, whichever is appropriate.

(B)(1)
All employees whose primary responsibilities include administering
the Aspire Program and staff resources used to administer the program
shall be transferred to the Department of Education and Workforce, as
determined by the Director of Education and Workforce. Subject to the
lay-off provisions of sections 124.321 to 124.328 of the Revised
Code, employees who are transferred shall be assigned job
classifications in accordance with division (B)(2) or (3) of this
section. Once transferred to the Department of Education and
Workforce, changes to positions or benefits for employees not subject
to Chapter 4117. of the Revised Code are subject to Chapter 124. of
the Revised Code. Employees transferred under this division retain
all of their accrued benefits.

(2)
Notwithstanding division (B)(1) of this section, the Director of
Education and Workforce may establish, change, and abolish positions
whose primary responsibilities include administering the Aspire
Program and may assign, reassign, classify, reclassify, transfer,
reduce, promote, or demote all such employees of the Department of
Education and Workforce who are not subject to Chapter 4117. of the
Revised Code.

(3)
The Director of Education and Workforce may assign or reassign an
exempt employee, as defined in section 124.152 of the Revised Code,
to a bargaining unit for purposes of Chapter 4117. of the Revised
Code if the Director determines the bargaining unit is the
appropriate bargaining unit for that employee. If an employee in the
E-1 pay range is assigned, reassigned, classified, reclassified,
transferred, reduced, or demoted to a position in a lower
classification, the Director of Education and Workforce, or if the
employee is transferred outside of the Department of Education and
Workforce, the Director of Administrative Services, shall assign the
employee to the appropriate classification and place the employee in
pay step X. The employee shall not receive any increase in
compensation until the maximum rate of pay for that classification
exceeds the employee's compensation.

(4)
Actions taken under divisions (B)(1) to (3) of this section are not
subject to appeal to the State Personnel Board of Review.

(C)
No validation, cure, right, privilege, remedy, obligation, or
liability is lost or impaired by reason of the transfer under this
section, but instead shall be administered by the Department of
Education and Workforce. No action or proceeding pending on the
effective date of the transfer is affected by the transfer, and any
such action or proceeding shall be prosecuted or defended in the name
of the Department of Education and Workforce or the Director of
Education and Workforce. In all such actions and proceedings, the
Department or Director, on application to the court, shall be
substituted as a party.

(D)
Not later than July 1, 2026, all records, data, documents, files,
materials, and staff resources pertaining to the Aspire Program are
transferred to the Department of Education and Workforce.

(E)
All rules, orders, and determinations issued with respect to the
Aspire Program continue in effect as if issued by the Director of
Education and Workforce until modified or rescinded by the Director.

(F)
Pursuant to section 126.15 of the Revised Code, the Director of
Budget and Management shall make budget and accounting changes to
implement the transfer. The Director may rename funds, create new
funds, transfer funds, consolidate funds, or make other
administrative changes. The Director may, if necessary, cancel or
establish encumbrances or parts of encumbrances in fiscal year 2027
in the appropriate funds and appropriation items for the same
purposes and for payment to the same vendors. Such encumbrances are
hereby appropriated. If necessary for the continued efficient
administration of the Aspire Program, the Director may transfer
appropriations between the Department of Higher Education and the
Department of Education and Workforce to continue levels of program
services and efficiently deliver funding to the program as
appropriated under this division.

Section
525.70.
(A)
Effective on the ninety-first day after this section takes effect,
the Joint Medicaid Oversight Committee is abolished. All records of
the Committee shall be transferred to the Legislative Service
Commission, and all of its other assets and liabilities shall be
transferred to the Commission. The Commission is successor to, and
assumes the obligations of, the Committee.

(B)
Any business commenced, but not completed by the Committee on the
effective date of this section shall be completed by the Commission
in the same manner, and with the same effect, as if completed by the
Committee. No validation, cure, right, privilege, remedy, obligation,
or liability is lost or impaired by reason of the transfer required
by this section.

(C)
Wherever the Committee Executive Director or the Committee is
referred to in any law, contract, or other document, the reference
shall be deemed to refer to the Commission Director or the
Commission, whichever is appropriate.

(D)
No action or proceeding pending on the effective date of this section
is affected by the transfer, and any such action or proceeding shall
be prosecuted or defended in the name of the Commission. In all such
actions and proceedings, the Commission, on application to the court,
shall be substituted as a party.

Section
525.80.
(A)
Effective on the ninety-first day after this section takes effect,
the Correctional Institutional Inspection Committee is abolished. All
records of the Committee shall be transferred to the Attorney
General, and all of its other assets and liabilities shall be
transferred to the Attorney General. The Attorney General is
successor to, and assumes the obligations of, the Committee.

(B)
Any business commenced, but not completed by the Committee on that
date shall be completed by the Attorney General in the same manner,
and with the same effect, as if completed by the Committee. No
validation, cure, right, privilege, remedy, obligation, or liability
is lost or impaired by reason of the transfer required by this
section.

(C)
Wherever the Committee is referred to in any law, contract, or other
document, the reference shall be deemed to refer to the Attorney
General.

(D)
No action or proceeding pending on that date is affected by the
transfer, and any such action or proceeding shall be prosecuted or
defended in the name of the Attorney General. In all such actions and
proceedings, the Attorney General, on application to the court, shall
be substituted as a party.

Section
610.10.
That
Sections 125.10 (as amended by H.B. 33 of the 135th General Assembly)
and 125.11 (as amended by H.B. 33 of the 135th General Assembly) of
H.B. 59 of the 130th General Assembly are hereby repealed.

Section
610.20.
That
Section 755.60 of H.B. 54 of the 136th General Assembly be amended to
read as follows:

Sec.
755.60.
(A)
The Department of Transportation and the Ohio Turnpike and
Infrastructure Commission shall work together to create a joint plan
regarding the feasibility of connecting U.S. Route 23 to Interstate
Route 71
by
doing
through

one
of the following

options
:

(1)
Expanding State Route 229 in northern Delaware County;

(2)
Expanding another similar state route or other highway in northern
Delaware County;

(3)
Creating a new freeway between U.S. Route 23 and Interstate Route 71
in northern Delaware County;

(4)
Creating a toll road between U.S. Route 23 and Interstate Route 71 in
northern Delaware County;

(5)
Creating a new freeway, which may be a toll road, in the region
between State Route 529 and Waldo, Ohio heading eastward toward
Interstate Route 71 north of Marengo, Ohio in Marion County and
Morrow County
;

(6)
Any other alignment considered appropriate by the Department and the
Commission
.

(B)

As
part of the plan, related to the options specified in divisions
(A)(3) and (4) of this section, the
Not
later than October 1, 2025, the
Department
and Commission shall
prepare
a preliminary engineering
submit
an interim
report
that
determines
the most feasible routes for the new freeway or toll road. As part of
the report, the Department and Commission shall determine five
potential alignments for the freeway or toll road and specify which
alignment is the preferred route
includes
both of the following:

(1)
An identification and evaluation of conceptual corridor alternatives
related to the options and alignments specified in division (A) of
this section;

(2)
A preliminary assessment of the toll feasibility, including whether
the Commission's statutory authority is sufficient to make the
project a turnpike project
.

(C)

The
plan shall be completed not later than three months after the
effective date of this section.

(D)
As part of the plan, the Department and the Commission shall
determine whether construction
Not
later than October 1, 2026, the Department and Commission shall
submit a final joint plan that includes all of the following:

(1)
Identification of a preferred route connecting U.S. Route 23 to
Interstate Route 71;

(2)
Completion of preliminary engineering assessments, including the
preliminary design of the preferred route specified in division
(C)(1) of this section, the cost estimates of construction, and the
right-of-way and environmental impacts;

(3)
A recommendation regarding whether implementation
would
be best conducted by the Department or the Commission. If

construction

implementation

is
best conducted by the Commission, the plan also shall include
an
evaluation of
whether
the Commission's statutory authority is sufficient to make the
project a turnpike project.

(E)
(D)

The Department and Commission shall submit
their

both
the interim report and the final joint
plan

specified
under divisions (B) and (C) of this section
to
the President of the Senate, the Speaker of the House of
Representatives, the Minority Leaders of both the Senate and the
House of Representatives, and the chairpersons of the respective
committees of the House of Representatives and Senate responsible for
transportation related matters.

Section
610.21.
That
existing Section 755.60 of H.B. 54 of the 136th General Assembly is
hereby repealed.

Section
620.10.
That
Section 265.550 of H.B. 33 of the 135th General Assembly (as amended
by H.B. 250 of the 135th General Assembly) be amended to read as
follows:

Sec.
265.550.
PUPIL
TRANSPORTATION PILOT
PROGRAM
PROGRAMS

(A)
The Department of Education and Workforce shall establish two pilot
programs under which two educational service centers shall provide
transportation to students in lieu of the students receiving
transportation from their resident school district. Not later than
October 15, 2023, the Department shall select both of the following
to participate in a pilot program under this section:

(1)
One service center that is in a county located in central Ohio with a
population of 1,323,807, according to the 2020 United States census;

(2)
One service center that is in a county located in southwest Ohio with
a population of 537,309, according to the 2020 United States census.
.

(B)(1)
The service center selected under division (A)(1) of this section
shall identify students who are struggling with transportation
issues, as determined by their resident school district, and are
served by the service center, community schools, or chartered
nonpublic schools that enroll students from the district or districts
for whom the service center will provide transportation during the
2024-2025 school year.

(2)
The service center selected under division (A)(2) of this section
shall provide transportation during the 2024-2025
,
2025-2026, and 2026-2027

school

year

years

to
any student whom the district and the educational service center
determine is struggling with transportation issues that meets either
of the following criteria:

(a)
The student attends a school different from the one to which the
student would be assigned in the student's resident school district.

(b)
The student is a child with a disability for whom the student's
resident school district is required to provide transportation as a
related service.

(3)
Both service centers shall report to the Department, in the manner
prescribed by the Department, students who are transported by the
service center.

(C)
No community school or chartered nonpublic school shall be required
to participate in either pilot program.

(D)Each

(D)
Each
participating
educational service center shall do all of the following for
the
2024-2025
each
applicable
school
year:

(1)
Arrange for the use of a sufficient number of school buses or other
approved vehicles designed to transport not more than nine
passengers, not including the driver, and bus drivers or other
individuals authorized to transport students in other approved
vehicles, to transport students from participating schools who
qualify for transportation under section 3327.01 of the Revised Code
and the school district's transportation policy. However, nothing
shall preclude the service center from providing transportation to
other students enrolled in the schools.

(2)
Collaborate with participating schools to designate daily start and
end times for
the
2024-2025
each
applicable
school
year that will enable timely and efficient transportation of the
schools' students;

(3)
On behalf of participating schools, notify the school district
that
those
of
the
students

that
they
will
not require transportation for the
2024-2025

applicable

school
year.

(E)(1)
Except as described in division (E)(2) of this section, the
Department shall deduct from the school district's transportation
payment under section 3317.0212 of the Revised Code and pay to the
educational service center the statewide average cost per student for
the qualifying ridership, under section 3317.0212 of the Revised
Code, for each student transported by the service center in
compliance with this section.

(2)
In the case of a student described in division (C)(1) of section
3317.024 of the Revised Code, the service center shall not receive a
payment under division (E)(1) of this section. Instead, the
department shall make a payment to the service center for such
student in the manner prescribed under division (C) of section
3317.024 of the Revised Code.

(F)
The educational service centers and the school districts shall not be
subject to section 3327.021 of the Revised Code during
the
2024-2025
each

school
year

in
which the pilot program they participate in operates

with regard to students enrolled in participating schools.
Notwithstanding section 3314.46 of the Revised Code, the service
centers may provide transportation to any participating community
school they sponsor.

(G)
The educational service centers shall comply with all transportation
requirements for students with disabilities as specified in the
individualized education programs developed for the students pursuant
to Chapter 3323. of the Revised Code

(H)
The Department shall evaluate
each

the

pilot
program
in
which the service center selected under division (A)(1) of this
section participates
and
issue a report of its findings not later than September 15, 2025.
The
Department shall evaluate the pilot program in which the service
center selected under division (A)(2) of this section participates
and issue a report of its findings not later than September 15, 2027.

The
educational service centers and participating schools shall submit
data and other information to the Department, in a manner determined
by the Department, for the purpose of conducting the evaluation.

Section
620.11.
That
existing Section 265.550 of H.B. 33 of the 135th General Assembly (as
amended by H.B. 250 of the 135th General Assembly) is hereby
repealed.

Section
620.20.
That
Sections 200.30 (as amended by H.B. 54 of the 136th General
Assembly), 207.37, 221.15 (as amended by S.B. 54 of the 135th General
Assembly), 243.10 (as amended by H.B. 54 of the 136th General
Assembly), 363.10, 371.20 (as amended by S.B. 54 of the 135th General
Assembly), and 373.15 (as amended by S.B. 54 of the 135th General
Assembly) of H.B. 2 of the 135th General Assembly be amended to read
as follows:

Sec.
200.30.
ONE
TIME STRATEGIC COMMUNITY INVESTMENTS

On
June 28, 2024, or as soon as possible thereafter, the Director of
Budget and Management shall transfer $17,800,000 cash from the
General Revenue Fund to the One Time Strategic Community Investments
Fund (Fund 5AY1).

The
foregoing appropriation item 042509, One Time Strategic Community
Investments, shall be used by the Office of Budget and Management to
provide grants for the projects listed in this section in the amounts
listed. Prior to disbursing a grant to a recipient, the Office of
Budget and Management shall enter into a grant agreement with the
recipient. As part of the grant agreement, the recipient shall agree
to complete a final report, in a form and manner to be prescribed by
the Office of Budget and Management, detailing how the recipient used
the grant and submit the report to the Office of Budget and
Management.

An
amount equal to the unexpended, unencumbered balance of the foregoing
appropriation item 042509, One Time Strategic Community Investments,
at the end of fiscal year 2025 is hereby reappropriated for the same
purpose in fiscal year 2026.

1

2

A

Project

Amount

B

Adams
County Fairgrounds Improvements

$400,000

C

Adams
County Welcome Center

$350,000

D

Adams
County Community Foundation

$200,000

E

West
Union Wastewater Plant Improvements

$200,000

F

Lima
Veterans Memorial Hall Improvements

$10,000,000

G

Allen
County Airport Fuel Farm

$1,000,000

H

Rhodes
State Advanced Manufacturing Equipment and Lab

$440,000

I

Allen
County Child Support Enforcement Agency Facility

$375,000

J

Heir
Force Community School Land Acquisition

$250,000

K

Temple
Christian School Building Expansion

$250,000

L

Boys
and Girls Club of Lima

$100,000

M

Ashland
County Fair

$1,100,000

N

Cinnamon
Lake Sewer District Lift Station

$1,000,000

O

Charles
Mill Marina Houseboat and Path Renovation

$910,000

P

Hugo
Young Theatre

$248,554

Q

Davy
McClure Outdoor Education Shelter

$200,000

R

Ashland
County Fire Training Facility

$200,000

S

Hickory
Street Sanitary Sewer Lift Station

$76,000

T

Rowsburg
Community Center

$30,000

U

Hayesville
Pedestrian Walkway

$25,000

V

SPIRE
Institute

$1,000,000

W

Ashtabula
Juvenile Court Improvements

$800,000

X

Boys
and Girls Club of Ashtabula

$132,274

Y

Country
Neighbor Program

$101,600

Z

VFW
Roof Repairs Geneva Post 6846

$99,037

AA

Ashtabula
Arts Center Restroom Project

$45,000

AB

Athens
Regional Training Center

$2,500,000

AC

The
Appalachian Center for Economic Networks Food Sector Accelerator
Project

$700,000

AD

Nelsonville-York
Elementary School (NYES) Playground Renovation

$250,000

AE

York
Township VFD Project

$250,000

AF

City
of Nelsonville Dog Park

$139,731

AG

Boys
and Girls Club of Athens

$100,000

AH

Buchtel
Village Park Project

$100,000

AI

Edna
Brooks Domestic Violence Shelter

$36,800

AJ

Village
of Waynesfield Veteran’s Park Enhancement

$352,950

AK

Saint
Mary's Reservoir Mill

$250,000

AL

New
Bremen Public Library Renovation

$200,000

AM

YMCA
Auglaize-Mercer Recreation Complex

$200,000

AN

Barton
VFD Station

$1,000,000

AO

Belmont
Volunteer Fire Department New Station

$1,000,000

AP

The
Sargus Center Revitalization and Sustainability Initiative

$500,000

AQ

Mead
Township Hall and Garage Project

$300,000

AR

VFW
Roof Repairs Powhatan Point Post 5565

$24,900

AS

Future
Plans Sanctuary

$3,000,000

AT

Brown
County Junior Fair Covered Horse Arena

$400,000

AU

Water
Infrastructure Bramel Mobile Home Park

$400,000

AV

Millikin
Interchange Improvements

$8,500,000

AW

Madison
Township Firehouse Improvements

$1,750,000

AX

BCRTA
Outdoor Workforce Training

$1,000,000

AY

Riversedge
Amphitheater Expansion

$1,000,000

AZ

Shuler
Benninghofen Mixed-Use Project

$1,000,000

BA

VOA
MetroPark Museum Grand Entrance

$1,000,000

BB

Oxford
Student Safety Project

$800,000

BC

Liberty
Playground Replacement Project

$500,000

BD

Madison
Township Park Revitalization

$500,000

BE

Welding
Lab Program Expansion in Fairfield Township

$450,000

BF

Monroe
Plaza South Project

$400,000

BG

Hamilton
YWCA Domestic Violence Project

$400,000

BH

World
Class Clubs: Repairing Community Gymnasium

$225,000

BI

Boys
and Girls Club of West Chester/Liberty

$218,796

BJ

VFW
Roof Repairs West Chester Post 7696

$15,560

BK

Carroll
County Annex Building Rehab

$500,000

BL

Seven
Ranges Scout Reservation Facility Upgrades

$500,000

BM

Dellroy
Village Storm Drain and Street Repair

$250,000

BN

Carroll
County Agricultural Service Center

$200,000

BO

Minerva
Downtown Revitalization Project

$200,000

BP

Dellroy
Village Offices/Garage Renovations

$195,250

BQ

Champaign
Aviation Museum Improvements

$20,000

BR

Champion
City Sports and Wellness Center

$4,000,000

BS

A.B.
Graham Memorial

$750,000

BT

Champion
Center Arena Improvements

$250,000

BU

Goshen
Fire Department Station 18 Rebuild

$2,500,000

BV

Felicity
Veterans Village Housing Project

$1,000,000

BW

Milford
Five Points Landing

$400,000

BX

Union
Township Community Splash Pad

$268,125

BY

Nisbet
Park Amphitheater

$250,000

BZ

Moscow
Ohio River Stabilization, Phase III

$240,000

CA

Williamsburg
Township Emergency Services Upgrades

$150,000

CB

Owensville
Historical Society Museum

$132,000

CC

Williamsburg
Community Park Trail Extension

$86,770

CD

VFW
Roof Repairs Loveland Post 5354

$28,505

CE

VFW
Roof Repairs New Richmond Post 6770

$20,894

CF

Boys
and Girls Club of Clermont

$18,921

CG

Wilmington
Runway Reopening and Improvements

$3,500,000

CH

Doan-Walnut-Short
Street Water Main

$500,000

CI

Columbiana
County Annex/Drug Task Force Building

$2,900,000

CJ

Utica
Shale Academy Improvements

$2,500,000

CK

East
Palestine Village Safety Complex

$1,000,000

CL

Hanover
Township Fire and Emergency Medical Services Expansion Initiative

$250,000

CM

Lepper
Restoration Project

$175,000

CN

City
of Coshocton Fire Training Tower

$1,000,000

CO

Coshocton
Skip’s Landing and Downtown Revitalization

$750,000

CP

City
of Coshocton Roscoe Cemetery Improvements

$460,000

CQ

City
of Coshocton Pickleball Court Upgrades

$300,000

CR

City
of Coshocton Water Plant Electrical Upgrades

$300,000

CS

City
of Coshocton Town Hall Roof Project

$240,000

CT

City
of Coshocton Emergency Generator Project

$200,000

CU

Coshocton
County Library Masonry Project

$48,000

CV

Maplecrest
Community Center

$500,000

CW

The
Galion Depot Canopy Restoration Project

$200,000

CX

The
New Washington Veteran’s Memorial Park Project

$34,460

CY

Cuyahoga
County Northcoast Connector

$20,000,000

CZ

Bedrock
Riverfront Development

$8,000,000

DA

Rock
and Roll Hall of Fame Museum Expansion and Renovation Project

$7,000,000

DB

Cleveland
Port Bulk Terminal Modernization

$5,000,000

DC

West
Side Market in Cleveland

$2,400,000

DD

Cahoon
Park

$2,000,000

DE

Cleveland
Zoo Primate Forest

$2,000,000

DF

Irishtown
Bend Park

$2,000,000

DG

Valor
Acres Brecksville Veterans Affairs Hospital Site Redevelopment

$2,000,000

DH

Blue
Abyss

$1,800,000

DI

Two
Foundation Building Purchase and Renovation

$1,625,000

DJ

Park
Synagogue

$1,500,000

DK

The
Music Settlement – Gries House Redevelopment

$1,500,000

DL

Brook
Park Community Center Restoration

$1,000,000

DM

Cleveland
Women’s Soccer Stadium

$1,000,000

DN

Electric
Building Renovation

$1,000,000

DO

Independence
Selig Drive Emergency Access

$1,000,000

DP

Shaker
Heights Doan Brook Park

$1,000,000

DQ

YMCA
of Greater Cleveland – New Facility Construction

$1,000,000

DR

Argonaut
Project - Advancing Aviation and Maritime Pipeline

$800,000

DS

Birthing
Beautiful Communities Birth Center

$800,000

DT

Connecting
the Circle

$800,000

DU

Glenville
YMCA

$800,000

DV

Saint
Edwards High School Sustainable Urban Agriculture

$800,000

DW

Cleveland
Public Square Improvements

$750,000

DX

University
Heights Municipal Sewer Project

$700,000

DY

University
Hospitals Breast Center - Parma

$700,000

DZ

Cleveland
Habitat Building Project

$507,500

EA

Cleveland
Airport NEOFIX

$500,000

EB

Euclid
Public Library Green Branch Improvements

$500,000

EC

Hospice
of the Western Reserve Center for Community Engagement and Hospice
Care

$500,000

ED

JumpStart
Northern Ohio Operations

$500,000

EE

Ohio
Aerospace Institute Sensitive Information Research Facility

$500,000

EF

Rocky
River Fire Station Improvements

$500,000

EG

Saint
Casimir Parish Improvements

$500,000

EH

Seven
Hills Fire Department

$500,000

EI

Vocational
Guidance Services Renovation Cleveland Facility

$500,000

EJ

YWCA
of Greater Cleveland

$500,000

EK

Boys
and Girls Club of Broadway in Cuyahoga County

$485,005

EL

Maltz
Museum of Jewish Heritage

$480,000

EM

Richmond
Heights Salt Bin

$450,000

EN

Magnolia
Clubhouse

$400,000

EO

Middleburg
Heights Central Park Phase 1

$400,000

EP

Cleveland
Institute of Art - Interactive Media Lab

$365,000

EQ

Greenstone
Lifeline Connection Improvements

$327,867

ER

Chagrin
Valley Volunteer Fire Station

$300,000

ES

Berea
City Hall and Police Station Upgrades

$250,000

ET

Jenning's
Center for Older Adults

$250,000

EU

Journey
Center for Safety and Healing/Domestic Violence Shelter

$200,000

EV

Lyndhurst
Community Center Audio Visual Project

$200,000

EW

MetroHealth
Emergency Department Refresh

$200,000

EX

Northeast
Ohio Music Arts Development Hub

$200,000

EY

Olmsted
Falls Visibility Project

$200,000

EZ

Camp
Cheerful Reimagined

$175,000

FA

VFW
Roof Repairs Solon Post 1863

$88,787

FB

VFW
Roof Repairs Parma Post 1974

$28,633

FC

VFW
Roof Repairs Cleveland Post 2533

$17,208

FD

Western
Ohio Regional Fire Training Facility

$750,000

FE

Eldora
Speedway Public Safety Upgrades

$400,000

FF

Historic
Bear’s Mill Infrastructure Restoration

$275,000

FG

The
Darke County Fish and Game Association

$120,000

FH

Ney/Washington
Township Fire Department Building

$300,000

FI

Veterans
Memorial Park at Latty’s Grove Rehabilitation Project

$200,000

FJ

Little
Brown Jug Grandstand Renovation

$2,500,000

FK

Sunbury
Ohio-to-Erie Trail Expansion

$1,250,000

FL

Boardman
Arts Park Improvements Whimsy Venue

$1,000,000

FM

Stockhands
Horses for Healing, Capital Improvement Project

$908,000

FN

Dempsey
Wildlife and Education Renovation

$600,000

FO

Delaware
County Bicentennial Barn Renovation

$500,000

FP

Powell
Adventure Park Expansion

$480,000

FQ

"Smuirfield"
Golf Project

$225,000

FR

Ohio
Fallen Heroes Memorial

$70,000

FS

VFW
Roof Repairs Sunbury Post 8736

$58,440

FT

Worenstaff
Memorial Public Library Renovation

$34,000

FU

The
Landing in Erie County

$3,000,000

FV

Battery
Park Coastal Improvements

$1,000,000

FW

NW
Ohio Water Quality Improvements/Cold Creek Foundation

$800,000

FX

Camp
Timberlane Infrastructure Improvements

$600,000

FY

Kelley's
Island East Lakeshore Shoreline Protection

$400,000

FZ

Erie
County Fairgrounds Infrastructure Improvements

$250,000

GA

Erie
County Jail Surveillance Upgrades

$200,000

GB

Huron
Boat Basin and Amphitheater Capital Improvement Project

$200,000

GC

Sawmill
Creek Wastewater Treatment Plant Expansion

$200,000

GD

Violet
Township Event Center

$2,100,000

GE

Gateway
Mixed Use District

$2,000,000

GF

Government
Services Building Acquisition and Renovation

$2,000,000

GG

Wendel
Pool Dehumidification System Replacement

$550,000

GH

Walnut
Township Flood Mitigation

$500,000

GI

Pickerington
Covered Bridge Rehabilitation

$350,000

GJ

Pickerington
Connects

$234,410

GK

Elmwood
Playground

$225,000

GL

Expanding
Horizons – Meals on Wheels Senior Services Center

$200,000

GM

Historic
Lancaster Bell and Clock Tower

$150,000

GN

Sycamore
Creek Park Pond Restoration

$125,000

GO

Wagnalls
Memorial Window Project

$50,000

GP

American
Legion Post 283 Improvements

$20,000

GQ

Rushville
Union Lions Club Accessible Parking

$5,500

GR

Jeffersonville
Rattlesnake Water System Improvements

$1,000,000

GS

Wayne
Township Firehouse Community Shelter

$175,000

GT

The
Ohio Center for Advanced Technologies

$20,000,000

GU

Columbus
Symphony Orchestra – Music for All

$18,500,000

GV

Downtown
Columbus Capital Line

$10,000,000

GW

Heritage
Trail Expansion

$8,000,000

GX

John
Glenn International Airport Improvements

$7,500,000

GY

OP
Chaney Grain Elevator Restoration

$2,800,000

GZ

Downtown
Security Command Center

$1,500,000

HA

Unverferth
House Revitalization and Expansion Campaign

$1,500,000

HB

Historic
Dublin Riverfront Revitalization

$1,230,000

HC

Heartland
Music Incubator

$1,000,000

HD

Norwich
Township Fire Department Station 84

$1,000,000

HE

Westland
Mall Renovations

$1,000,000

HF

Hilliard
First Responders Park

$800,500

HG

Green
Lawn Cemetery Chapel

$750,000

HH

Heinzerling
Facility Improvements

$750,000

HI

Whitehall
Police Department Emergency Facility

$605,220

HJ

Knoll
View Place

$600,000

HK

Tolles
Cybersecurity Lab Renovation

$600,000

HL

Edison
Welding Institute Renovations

$500,000

HM

Elevate
Northland

$500,000

HN

LifeTown
Kindness Center

$500,000

HO

National
Center for Urban Solutions Facility

$500,000

HP

Scioto
Rise Place

$500,000

HQ

Dublin
Brand Road Pedestrian Tunnel Flood Mitigation

$468,000

HR

OZEM
Gardner House Rehabilitation

$375,000

HS

Somali
Community Link Center

$350,000

HT

The
Refuge

$250,000

HU

Grandview
Heights Fire EMS Police Facility

$200,000

HV

Grandview
Heights McKinley Field Park

$200,000

HW

Tawnya
Salyer Memorial Statue

$200,000

HX

Columbus
Urban League Career Connect Hub

$150,000

HY

Boys
and Girls Club of J. Ashburn

$138,585

HZ

VFW
Roof Repairs Reynoldsburg Post 9473

$32,695

IA

Building
the Future of 4-H Camp Palmer

$1,825,000

IB

Community
Event and Recreational Facility Renovation in Wauseon

$500,000

IC

Fulton
County Fairgrounds Arts and Craft Building

$80,000

ID

Gallia
County Council on Aging New Facility

$2,500,000

IE

Reservoir
Enhancement Project

$2,250,000

IF

Gallia
County Sheriff Office Renovation

$225,000

IG

Hambden
Fire Station Project

$2,000,000

IH

Montville
Fire Station Construction

$1,250,000

II

Chardon
Fire Department Equipment Project

$1,000,000

IJ

Burton
Berkshire Local Schools Career Pathways Program

$915,037

IK

Geauga
County Fair

$500,000

IL

Russell
Township Community Building

$370,905

IM

Chester
Township Police Department Building Renovation

$348,875

IN

Chardon
Memorial Stadium Restroom and Concession Project

$250,000

IO

Geauga
County Safety Center Parking Lot

$250,000

IP

Salt
Dome Structural Repairs

$155,000

IQ

St.
Mary School Playground Enhancements

$4,000

IR

Cedarville
Opera House

$12,000,000

IS

Clifton
Union School Improvements

$3,900,000

IT

Future
Development of Wright-Patterson

$3,500,000

IU

Clifton
Opera House

$1,900,000

IV

Skyway
SCIF Center

$1,000,000

IW

Spring
House Park: Phase One

$1,000,000

IX

WSU:
Archive Facility Upgrades

$500,000

IY

OhioMeansJobs
Greene County Improving Accessibility Project

$175,000

IZ

Ohio
Veterans’ Children’s Home Expansion and Upgrade, Phase 1

$150,000

JA

Cambridge
YMCA

$3,000,000

JB

Route
40 East Sewer Extension

$1,000,000

JC

Cambridge
Fire Department Renovations

$560,000

JD

Old
Washington Community VFD Station

$250,000

JE

Hamilton
County Convention Center District Development

$46,000,000

JF

University
of Cincinnati Health

$16,750,000

JG

Xavier
University College of Osteopathic Medicine

$9,750,000

JH

Riverbend
2.0

$8,000,000

JI

Blue
Line Foundation HQ and Regional Training Center

$1,000,000

JJ

605
Plum Convention Center Garage Renovation

$945,771

JK

Boys
and Girls Club of Taft

$300,978

JL

Boys
and Girls Club of East Hamilton

$194,722

JM

Boys
and Girls Club of Sheakley

$58,529

JN

Findlay
YMCA

$1,250,000

JO

Hancock
County Fair

$500,000

JP

Hancock
County Park District

$250,000

JQ

Owens
State Community College CDL Facilities

$250,000

JR

Ada
War Memorial Park

$500,000

JS

Hardin
County Fair

$500,000

JT

Kenton
Fire Department

$500,000

JU

Ohio
Northern University HealthWise Mobile Health Clinic

$500,000

JV

Pump
House Funding – Rodney Hensel

$200,000

JW

Hardin
County Veterans Memorial Park District

$50,000

JX

Alger
Baseball Field

$40,000

JY

Harrison
County Fairground Replacement and Enhancement

$720,000

JZ

Regional
Safety Center at Tappan Lake

$650,000

KA

Jewett
Fire and Emergency Equipment Storage Building

$325,000

KB

Village
of Bowerston VFD

$205,000

KC

Village
of Bowerston Maintenance Building

$100,000

KD

Napoleon
Public Library Improvements

$1,000,000

KE

The
Henry County Community Event Center Office Addition

$1,000,000

KF

Corn
City Regional Fire District New Fire Station

$500,000

KG

Napoleon
Water Tower Upgrades

$135,000

KH

Core
Networking Equipment at The Center for Child and Family Advocacy
(CCFA) in Henry County

$72,000

KI

Malinta
Community Historical Society Site Project

$45,000

KJ

Highland
County Engineer Truck Barn

$1,000,000

KK

Camp
Wyandot Historic Camper Cabin Project

$50,000

KL

Union
Furnace
/

Starr Township Improvements

$35,000

KM

Agricultural
Society Millersburg Expo

$750,000

KN

Safe
Harbor Ohio

$500,000

KO

Winesburg
Park Improvements

$250,000

KP

West
Holmes Local Schools Robotics Program

$22,000

KQ

Norwalk
Theater Restoration

$2,000,000

KR

Norwalk
Public Library Rehab

$400,000

KS

Feichtner
Memorial Building Improvements

$250,000

KT

Huron
County Transfer Station Scale Replacement

$202,000

KU

Jackson
County Memorial Building Renovation

$2,500,000

KV

City
of Jackson Park and Trail Revitalization

$1,000,000

KW

Jackson
County Courthouse Building and Grounds Renovation

$600,000

KX

Blamer
Park Renovation

$392,038

KY

Wellston
Food Pantry Turn-Key Renovation

$200,000

KZ

Wellston
Fire Department Training Academy

$175,000

LA

Jefferson
County Agricultural Society Small Animal Barn

$35,000

LB

Mount
Vernon Police Station

$2,000,000

LC

Fredericktown
Water Infrastructure Improvements

$750,000

LD

Family
Fun Grounds in Knox County

$125,000

LE

Willoughby
Osborne Park Shoreline Protection

$2,000,000

LF

Uptown
Mentor Revitalization

$1,500,000

LG

ISTEM
Painesville Township Haden Facility and Crowns Project

$1,000,000

LH

Mentor
Fire Station

$1,000,000

LI

University
Hospitals TriPoint Breast Center - Painesville

$938,750

LJ

Concord
Township Waterline Extension Project

$500,000

LK

Lake
Erie College Center for Health Sciences

$500,000

LL

Lake
Metro Parks Lakefront Trail

$500,000

LM

Kirtland
Public Library Roof Project

$340,625

LN

Mentor
on the Lake – Lake Overlook

$300,000

LO

Rabbit
Run Theater Improvements

$100,000

LP

VFW
Roof Repairs Mentor Post 9295

$35,478

LQ

Resources
for Restoring Lives and Providing Safety and Security

$15,328

LR

Wayne
National Forest Welcome Center

$5,000,000

LS

Coal
Grove Village Riverfront Park

$1,250,000

LT

Lawrence
County School Communications

$750,000

LU

Necco
Center Improvements

$375,000

LV

Boys
and Girls Club of Portsmouth

$100,000

LW

Buckeye
Lake North Shore Park and Pier

$8,500,000

LX

Memorial
Health Systems Education and Event Center

$3,000,000

LY

Johnstown
- Mink Street Water Infrastructure

$500,000

LZ

Newark
Towne Center Project

$1,854,000

MA

Buckeye
Valley Family YMCA Pataskala Childcare Center

$200,000

MB

Mary
Ann Township Fire Department

$66,000

MC

Hanover
Hains Hill Drive Drainage Improvements

$52,000

MD

Junior
Achievement - Regional Satellite Learning Center

$50,000

ME

Boys
and Girls Club of Newark

$46,195

MF

Indian
Lake Advocacy Group

$5,000,000

MG

Logan
County Sewer District Flat Branch Upgrades

$1,500,000

MH

Bellefontaine
Calvary Christian School

$250,000

MI

Indian
Lake Pickleball

$150,000

MJ

Lorain
County Community College Desich Entrepreneurship Center 3rd Floor
Microelectronics Training Hub

$2,500,000

MK

Lorain
County Fairs

$2,500,000

ML

Boys
and Girls Club of Elyria South

$1,000,000

MM

Lorain
County PACE Site Modifications

$1,000,000

MN

The
Nord Center Capital Improvement Project

$1,000,000

MO

French
Creek Sports Complex

$925,000

MP

Lorain
County
Administrative
Building
Justice
Center

$750,000

MQ

North
Ridgeville Cypress Avenue Project

$700,000

MR

Sheffield
Lake Field House Rec Complex

$600,000

MS

Black
River Landing Amphitheater

$500,000

MT

Haven
Center Emergency Shelter
/

Neighborhood Alliance

$500,000

MU

Vocational
Guidance Services (VGS) Project - Lorain

$500,000

MV

Lorain
County Health and Dental Facility

$375,000

MW

Elyria
Public Library West River Branch

$300,000

MX

Lorain
Hispanic Veterans Memorial

$300,000

MY

Lorain
County Kennel Project

$250,000

MZ

El
Centro Facility Improvements

$200,000

NA

Good
Knights Bed Building Center

$150,000

NB

Sheffield
Village Colorado Avenue Side Path

$150,000

NC

Carlisle
Township Hall Project

$100,000

ND

VFW
Roof Repairs Wellington Post 6941

$12,276

NE

Lucas
County Seawall and River Edge Reconstruction Project

$3,000,000

NF

Toledo
Innovation Center

$3,000,000

NG

Inclusive
Multigenerational Community and Recreation Center (IMCRC)

$2,900,000

NH

Virginia
Stranahan Trail and Senior Affordable Housing/Senior Center
Development

$2,700,000

NI

Eugene
F. Kranz Toledo Express Airport Terminal Renovation Project

$2,000,000

NJ

Toledo
YWCA Domestic Shelter Project

$2,000,000

NK

Toledo
Zoo Reptile House

$1,740,000

NL

Toledo
Fire and Rescue Department Facility Repairs

$1,600,000

NM

Ottawa
Park Revitalization Phase 1

$950,000

NN

Imagination
Station; Toledo Science Center World of Discovery Exhibit

$750,000

NO

Homer
Hanham Boys and Girls Club Renovation

$650,000

NP

Toledo
Seagate Food Bank

$650,000

NQ

Pre-Medical
and Health Science Academy at Mercy College

$500,000

NR

Toledo
School for the Performing Arts Replacement Windows

$500,000

NS

Sylvania
Township Safety Training and Grounds Improvement

$485,000

NT

Toledo
Safe Haven Ronald McDonald Facility

$300,000

NU

Whitney
Manor

$300,000

NV

Toledo
Hensville Entertainment District

$250,000

NW

Ottawa
Hills Walk Path Project

$175,000

NX

Glass
City Mural Wall Lighting (Toledo)

$100,000

NY

Lucas
County Sheriff Substation Renovation

$100,000

NZ

Toledo
Broadway Commercial Redevelopment Project

$100,000

OA

Madison
County Airport Improvements

$35,938

OB

Animal
Charity of Ohio Infrastructure Expansion

$1,500,000

OC

Community
Learning Center

$1,000,000

OD

West
Branch Regional Community Education and Wellness Training Center
in Mahoning County

$875,000

OE

Mahoning
Valley Historical Society Expansion and Improvement

$750,000

OF

Campbell
Access and Safety Project

$660,000

OG

Mahoning
County Veterans Center

$650,000

OH

Salem
Airpark Improvements

$600,000

OI

Youngstown
Area Jewish Federation Building Expansion

$501,389

OJ

Mahoning
Valley Regional Multi-Jurisdictional Infrastructure Initiative

$450,000

OK

Boys
and Girls Club of Youngstown

$300,000

OL

Youngstown
Playhouse Roof

$238,000

OM

Sheridan
Road Multi-Use Trail
Village
of Poland

$185,000

ON

Boys
and Girls Club of Oak Hill

$159,131

OO

City
of Struthers Mauthe Park Splash Pad

$103,150

OP

Rich
Center for Autism Building for Tomorrow Phase 2

$100,000

OQ

OCCHA
Renovado Capital Campaign

$93,500

OR

Canfield
Police Department Drone Program

$60,000

OS

War
Vet Museum Facility and Program Improvement Project

$60,000

OT

Austintown
9-11 Memorial Park

$50,000

OU

VFW
Roof Repairs Ellsworth Post 9571

$14,480

OV

Marion
Harding Performing Arts Center

$500,000

$347,000

OW

Magnetic
Springs Community Park

$153,000

OX

Marion
Soldiers and Sailors Memorial Chapel

$450,000

OY

George
W. King Mansion – Etowah

$300,000

OZ

Boys
and Girls Club of Oak Street

$277,170

PA

Terradise
Nature Center Interpretive Center

$200,000

PB

Women’s
History Resource Center Phase II

$185,000

PC

City
of Wadsworth Brickyard Athletic Complex and Fixler Reservation

$2,500,000

PD

Lake
Medina

$1,500,000

PE

Akron
Childrens Medina Health Center

$1,400,000

PF

Medina
County Career Center Modular Fire Training Tower

$1,000,000

PG

Oenslager
Nature Center

$500,000

PH

City
of Medina Multi-Use Uptown Loop Phase 1

$396,000

PI

Medina
County Radio System – Seville Tower

$450,000

PJ

Medina
County Sheriff Office Jail Safety Enhancement

$200,000

PK

Equine
Assisted Mental Health Community Campus

$200,000

PL

Majestic
Equine Connections

$200,000

PM

Main
Street Medina Facade Improvement

$150,000

PN

Medina
County Achievement Center Renovation and Innovative Vocational
Training Building

$100,000

PO

Serenite
Restaurant and Culinary Institute Roof/Gutter Repair

$65,000

PP

Main
Street Medina South Town Gateway

$62,000

PQ

VFW
Roof Repairs Medina Post 5137

$60,898

PR

Homer
Township Tornado Siren Project

$36,834

PS

Chippewa
Lake Area Emergency Siren

$35,000

PT

Ohio
University Airport Improvements

$2,500,000

PU

Meigs
County Transportation Hub

$1,500,000

PV

Racine
Entertainment District

$1,500,000

PW

1872
Hall Complex

$250,000

PX

Meigs
County Fair

$250,000

PY

Fort
Recovery Water Tower

$600,000

PZ

Troy
Great Miami River Recreation Connectivity Project

$2,000,000

QA

Troy-Miami
County Public Library Improvements

$500,000

QB

Bethel
Township VFD Improvements

$400,000

QC

Graysville
and Community VFD Improvements

$250,000

QD

Bethel
Community Center Improvements

$183,000

QE

Woodsfield
Government and Community Center

$100,000

QF

Midway
Community and Senior Citizens

$70,000

QG

Laings
Community Center

$23,000

QH

VFW
Roof Repairs Sardis Post 9930

$19,836

QI

Miami
Chapel Inspire Zone Youth Workforce Development Center – Boys &
Girls Club

$3,000,000

QJ

Dayton
Aviation Heritage Site (Wright Factory)

$2,000,000

QK

Dayton
International Airport Concourse B

$2,000,000

QL

Future
Development of Wright-Patterson

$1,500,000

QM

Healthy
Family Market
/

Dayton Children's Pediatric Center

$1,500,000

QN

Tri-Cities
North Regional Wastewater Authority

$1,500,000

QO

Kettering
Business Park

$1,250,000

QP

West
Carrollton River District and Whitewater Park

$500,000

QQ

Countryside
Park Revitalization

$1,000,000

QR

Ronald
McDonald House of Dayton

$1,000,000

QS

Schuster
Center

$1,000,000

QT

Union
Ring Road Completion Project - Phase II

$1,000,000

QU

Uptown
Centerville Connectivity and Development Improvements

$1,000,000

QV

Harrison
Township Police Headquarters Renovation

$950,000

QW

Saint
Vincent de Paul Community Donation Intake Facility

$800,000

QX

Saint
Vincent de Paul Social Services Emergency Shelter for Men

$500,000

QY

Homefull
Housing, Food and Jobs Center

$750,000

QZ

Jefferson
Township Community Improvements

$600,000

RA

BOLT
Innovation Center

$500,000

RB

Centerville
Schools Safety Access

$500,000

RC

Dayton
Dream Center Transitional Housing

$500,000

RD

East
End Whole Family Services Hub Facility Expansion and Renovation in
Dayton

$500,000

RE

Union
Ring Road Completion Project - Phase III

$500,000

RF

Robinette
Park

$400,000

RG

Homefull’s
Healthy Start Child Care & Early Learning Center West Dayton

$350,000

RH

Dayton
Airshow

$300,000

RI

Germantown
Covered Bridge

$275,000

RJ

Dayton
Clothes that Work! Facility Improvements

$250,000

RK

Flyghtwood
Sports Life and Leadership Campus

$250,000

RL

Grant
Park Accessibility Improvements

$250,000

RM

K-12
Gallery and TEJAS Acquisition Project

$250,000

RN

Miami
Township Public Works

$250,000

RO

Old
North Dayton Park Expansion Project

$250,000

RP

Catholic
Social Services Supervised Visitation Center

$200,000

RQ

Dayton
Alvis, Inc.

$195,149

RR

Boys
and Girls Club of Dayton

$154,851

RS

Preservation
of Dayton Woman’s Club Historic Mansion

$100,000

RT

West
Memory Gardens Flood Mitigation Project

$75,000

RU

German
Township Channel Maintenance

$60,000

RV

Miamisburg
Historical Society Improvements

$40,000

RW

Pennsville
Volunteer Fire Department – New Building Construction

$1,500,000

RX

Historic
Preservation, Job Creation, and Healthcare Expansion at the
Stanbery Building (McConnelsville)

$500,000

RY

Malta/McConnelsville
Equipment Project

$325,000

RZ

Chesterhill
VFD Station

$250,000

SA

Morgan
County Emergency Communications Center

$250,000

SB

Morgan
County Fair

$250,000

SC

Reinersville
Volunteer Fire Department

$50,000

SD

Flying
Horse Farms Renovation and Updates to Facilities

$350,000

SE

Morrow
County Engineers Facility

$250,000

SF

Morrow
County Health Department Renovations

$250,000

SG

Water
Filter Installation for Legacy Phosphorus Fields

$500,000

SH

The
Wilds Giraffe Barn and Innovative Guest Lodging

$2,500,000

SI

Avondale
Youth Center HVAC Upgrade

$450,000

SJ

The
Tribe Athletic Complex Track

$1,000,000

SK

Ottawa
County Workforce Hub and Center for Career Advancement

$1,250,000

SL

Skills
Academy in Ottawa County

$250,000

SM

Ottawa
County Fairgrounds Upgrades

$200,000

SN

Put-In-Bay
Downtown Promenade Renovation

$200,000

SO

Genoa
Civic Theatre Improvements

$100,000

SP

Paulding
County Agricultural Society Racetrack Lighting Improvement

$41,000

SQ

Antwerp
Rotary Basketball Court

$40,000

SR

Perry
County Community Access and Workforce Training

$500,000

SS

Reading
Township Volunteer Fire Department

$1,250,000

ST

Thornville
AMVETS 51

$80,000

SU

South
Bloomfield Corridor Improvements

$1,500,000

SV

Ohio
Christian University for Science

$500,000

SW

Pickaway
County Library

$250,000

SX

Memorial
Hall Window Replacement Project

$200,000

SY

Pike
Emergency Operations Backup Power Project

$750,000

SZ

Ravenna
Health Center

$1,500,000

TA

Serenity
House Residential Facility

$700,000

TB

Happy
Trails Farm Animal Sanctuary Welcome Center

$500,000

TC

Kent
Safety Town

$250,000

TD

Shalersville
Park

$225,000

TE

Freedom
Township Historical Society Historical Museum

$105,000

TF

Buchert
Park Improvements

$51,000

TG

Portage
County Children’s Advantage HVAC

$40,000

TH

Windham
Historical Society

$27,950

TI

Preble
County Fairgrounds Stall Barns

$700,000

TJ

Preble
Gratis Well Reconstruction

$50,000

TK

Fort
Jennings Park Pedestrian Bridge and Park Improvements

$350,000

TL

The
Ottoville Park Community Wellness and Recreation Enhancement
Project

$213,000

TM

Womens
Policy and Resource Center

$100,000

TN

Buckeye
Park Improvements

$40,000

TO

Mansfield
Christian School Improvements

$1,500,000

TP

Avita
Comprehensive Cancer Center

$1,150,000

TQ

Plymouth
Fire Department Building Replacement

$600,000

TR

Mansfield
Theater "Road to 100" Renovation

$500,000

TS

YMCA-North
Central Ohio Sports Complex

$500,000

TT

Main
Street Plaza Improvement Project

$250,000

TU

Richland
County Agricultural Society

$100,000

TV

VFW
Roof Repairs Mansfield Post 3494

$27,964

TW

Ohio
Genealogical Society Archives Security

$10,000

TX

Hopewell
Regional Visitor Center

$5,000,000

TY

Union
Township Fire Department Project

$175,000

TZ

Fremont
Downtown Revitalization

$1,350,000

UA

Hayes
Presidential Library Improvements

$300,000

UB

Fremont
Water Access Emergency Response

$150,000

UC

Shawnee
State University College of Health and Human Services

$5,000,000

UD

Appalachian
Youth Behavioral Health Services Expansion

$2,000,000

UE

Scioto
County Safety Operations Center

$696,000

UF

Scioto
County Fairgrounds

$600,000

UG

Green
Township Garage

$500,000

UH

Installer
Technician Registered Apprenticeship in Scioto County

$323,150

UI

Portsmouth
Courtroom Renovations

$240,000

UJ

Bloom-Vernon
Local Schools Lighting

$51,600

UK

Seneca
County Agricultural Center

$370,000

UL

Fostoria
Learning Center Security

$352,000

UM

Seneca
County Museum Interior Revitalization

$190,000

UN

Bettsville
Emergency Medical Services Renovation

$150,000

UO

Attica-Venice
Township Joint Cemetery Mausoleum

$93,742

UP

Court
Street Streetscape Project

$50,000

UQ

Ritz
Theatre Marquee Renovation

$30,000

UR

Fort
Loramie Industrial Park

$724,000

US

Midwest
Regional ESC Resilient Heights Improvements

$600,000

UT

Shelby
County Community Workforce Training Center

$500,000

UU

Boys
and Girls Club of Massillon

$193,904

UV

VFW
Roof Repairs Louisville Post 7490

$42,970

UW

Hall
of Fame Village

$9,763,126

UX

Pro
Football Hall of Fame Modernization

$7,000,000

UY

Stark
County Juvenile Detention System Demolition

$64,200

UZ

Cascade
Plaza

$5,000,000

VA

New
Franklin Sewer Project

$3,800,000

VB

Akron-Canton
Airport West Side Development for Aeronautic Activity

$3,200,000

VC

Cuyahoga
Falls Regional Fire Training Complex

$3,000,000

VD

Akron
Art Museum – Center for Digital Discovery

$2,000,000

VE

Akron
Zoo Veterinary Hospital

$1,750,000

VF

Akron
Community Health Center Addiction One Campus Expansion

$1,250,000

VG

Barberton
City Hall and Justice Center

$1,000,000

VH

Summit
County Mobile Medical Project

$1,000,000

VI

Boston
Heights Safety Center

$986,831

VJ

Middle
School Trades Education Center in Summit County

$750,000

VK

Hudson
Inclusive Playground

$680,000

VL

Summit
County Fairgrounds New Agriculture Center

$600,000

VM

Macedonia
Service Center

$500,000

VN

Child
Guidance and Family Solutions – Multi-Campus

$450,000

VO

Boys
and Girls Club - Steve Wise

$440,913

VP

Akron
Urban League Building Improvements

$400,000

VQ

Legacy
Building Project Improvements

$400,000

VR

Bath
North Fork Preserve Improvements

$170,000

VS

Copley
Road Trail East

$150,000

VT

G.A.R.
Hall Rehabilitation

$150,000

VU

Stark
State Oil and Natural Gas Job Training Equipment

$100,000

VV

Stow
First Responders Memorial

$95,863

VW

Special
Education Cornerstone Community School

$76,393

VX

Boston
Township Hall ADA Upgrades

$50,000

VY

Cortland
Safety Service Complex
/

Training Facility

$2,150,000

VZ

West
Warren Industrial Park Traffic and Fire Suppression Improvements

$1,500,000

WA

Holy
Trinity Orthodox Christian Academy and Preschool

$1,000,000

WB

Eastwood
Field Renovations

$500,000

WC

Trumbull
County Fairgrounds Grandstand Renovation

$500,000

WD

Cortland’s
Outdoor Education & Event Space

$350,000

WE

Bloomfield
Regional Emergency Medical Services Renovation Project

$345,000

WF

Mosquito
Lake State Park Water Improvements

$330,350

WG

Camp
Sugarbush Infrastructure Improvements

$300,000

WH

John
F. Kennedy Renovation Project

$300,000

WI

Hubbard
Outpost Sanitary Sewer Project

$175,000

WJ

Liberty
Township Fencing Project

$100,000

WK

Victory
Christian School Renovation

$100,000

WL

Tuscarawas
County Facilities Investments in Health, Safety, and Election
Security

$2,500,000

WM

Tuscarawas
County Engineer Building

$1,350,000

WN

Cleveland
Clinic Union Hospital Cancer Center

$1,000,000

WO

Fire,
EMT, Law Enforcement Burn Building

$500,000

WP

Norma
Johnson Center Improvements (Red Barn and Brandywine)

$250,000

WQ

Dover
Public Library Roof Replacement Project

$85,731

WR

Transportation
Research Center, Inc. Impact Lab Upgrades

$24,000,000

WS

Richwood
Pickleball

$218,000

WT

Leesburg
Township Walking Trail and Playground Project

$162,545

WU

The
Village of Richwood Fairgrounds

$49,849

WV

Northwest
State Community College Van Wert Campus Renovation

$1,000,000

WW

Van
Wert Regional Airport Runway Project

$600,000

WX

VFW
Roof Repairs Van Wert Post 5803

$41,754

WY

Middle
Point Memorial Park

$25,000

WZ

Moser
Park Concession Stand Replacement

$19,860

XA

Wilkesville
Township Outdoor Warning Siren

$35,000

XB

Cincinnati
Open Tennis Tournament

$27,500,000

XC

Warren
County Ion Exchange Project

$200,000

XD

Waynesville
and Maineville Girl Scout Camp Improvements

$200,000

XE

VFW
Roof Repairs Mason Post 9622

$9,969

XF

Mid
Ohio Valley Aquatic Center

$750,000

XG

Decatur
Township Building Construction

$350,000

XH

Boys
and Girls Club of Marietta

$213,909

XI

Marietta
Saint Mary of the Assumption Roof Project

$150,000

XJ

Betsy
Mills Drainage Project

$79,000

XK

Marietta
College Womens Softball Complex

$50,000

XL

VFW
Roof Repairs New Matamoras Post 6387

$13,740

XM

Shreve
Wastewater Treatment Plant System Improvements

$1,750,000

XN

Wooster
Community Hospital Improvements

$1,000,000

XO

Wayne
County Agricultural Society, Inc.

$415,000

XP

Wayne
County Airport Hangar Construction Project

$350,000

XQ

Wayne
County Emergency Vehicle Drivers Training Course

$300,000

XR

Boys
and Girls Club of Orrville

$280,318

XS

Boys
and Girls Club of Edgewood

$186,771

XT

Foodsphere
Commercial Kitchen/Food Marketplace

$100,000

XU

Edgerton
Community Center

$425,000

XV

Installation
of Elevator to North Annex Building in Williams County

$187,076

XW

Wabash
Cannonball Trail: Design Engineering

$153,500

XX

Wood
County Engineer Garage and Maintenance Facility (Bowling Green)

$1,000,000

XY

Wood
County Educational Service Center

$750,000

XZ

Positive
Community Connections Center Project (Bowling Green)

$600,000

YA

Wood
County Committee on Aging

$500,000

YB

City
of Perrysburg

$200,000

YC

North
Baltimore Public Library Emergency Repairs

$100,000

YD

Wood
County Public Library Heating Project

$100,000

YE

Upper
Sandusky Midway Industrial Park

$400,000

YF

VFW
Roof Repairs Carey Post 3759

$20,712

Sec.
207.37.

1

2

3

A

YSU
YOUNGSTOWN STATE UNIVERSITY

B

Higher
Education Improvement Fund (Fund 7034)

C

C34500

Basic
Renovations

$700,000

D

C34565

IT
Infrastructure Upgrades

$952,498

E

C34586

Kilcawley
Center Renovations

$9,753,000

F

C34591

Penguin
City Brewing Company Upgrade Project

$700,000

G

C34592

Rich
Center for Autism Building for Tomorrow

$450,000

H

C34593

YNG
Aviation Education Center

$350,000

I

C34594

Regional
Workforce Training and Community Wellness Center

$250,000

J

C34595

Eastern
Ohio Biztown Financial Literacy & Entrepreneurship Center

$250,000

K

Higher
Education Improvement Fund (Fund 7034) Total

$12,705,498

L

TOTAL
ALL FUNDS

$12,705,498

Sec.
221.15.
COMMUNITY
SUPPORT

The
foregoing appropriation item C58050, Community Support, shall be used
to support the projects listed in this section.

1

2

A

Cleveland
Christian Home - Child Wellness Campus

$1,500,000

B

Boys
& Girls Club of Greater Cincinnati

$1,400,000

C

Lindner
Center

$1,000,000

D

The
Buckeye Ranch

$1,000,000

E

Bellefaire
Child and Youth Services Center

$750,000

F

LADD
Forever Home

$720,000

G

Best
Point West Cincinnati Early Childhood and Mental Health Center
Construction

$650,000

H

St.
Vincent de Paul Child and Family Advocacy Center

$600,000

I

Clark
County Family Justice Center

$500,000

J

Horses
on the Hill

$500,000

K

Netcare
Facility Improvements

$500,000

L

New
Main Office for Community Counseling Center of Ashtabula County

$500,000

M

Ravenwood
Health Renovation

$500,000

N

Toledo
YWCA Domestic Shelter Project

$500,000

O

Tri-County
Response Center Project

$500,000

P

Vista
Village

$500,000

Q

The
Crossroads Center New Recovery Treatment Center

$430,000

R

Applewood
Centers Inc.

$425,000

S

Harcum
House

$400,000

T

Maryhaven
Residential Treatment Facility Improvements

$400,000

U

May
Dugan Center Renovation

$400,000

V

YWCA
of Greater Cincinnati Domestic Violence Shelter

$400,000

W

Integrated
Community Solutions Community Center

$350,000

X

Shelby
Health & Wellness Renovation Project

$350,000

Y

Journey
Center for Safety and Healing

$300,000

Z

Alliance
Area Domestic Violence Shelter

$250,000

AA

Alliance
YWCA Headquarters Improvements

$250,000

AB

Ashtabula
County Transitional Housing for Homeless Youth

$250,000

AC

CommQuest
Reception Project

$250,000

AD

Lower
Lights Christian Health Center

$250,000

AE

Paint
Creek Youth Center - Multipurpose Community Building

$250,000

AF

St.
Vincent Behavioral Health Project

$250,000

AG

The
Refuge - New Building

$250,000

AH

Tobacco
Treatment Center of Ohio

$250,000

AI

Wayfinders
Ohio Emergency Homeless Shelter

$250,000

AJ

Addiction
Services Council Facility Expansion

$230,000

AK

Richland
County Shelter Renovation Project

$217,235

AL

Cincinnati
Children's Hospital Youth Mental Health Facility

$210,000

AM

Child
Guidance & Family Solutions (CGFS) - Akron Project

$200,000

AN

Child
Guidance & Family Solutions (CGFS) - Stow Buildout

$200,000

AO

Hancock
County ADAMH Board

$200,000

AP

Sanctuary
Night - Expanding to Meet the Need

$200,000

AQ

Canton
Domestic Violence Shelter

$175,000

AR

OhioGuidestone
Youth and Family Resiliency Center

$150,000

AS

Lorain
County Safe Harbor

$115,000

AT

Foundations
Community Childcare, Inc. (FCC)

$101,129

AU

Shelby
Mercy Mission House Renovations

$101,000

AV

Beyond
the Walls

$100,000

AW

Blue
Line Foundation HQ & Regional Training Center

$100,000

AX

Haven
Home Renovations

$100,000

AY

Livingston
Avenue Community New Direction Project

$100,000

AZ

Mansfield
Domestic Violence Shelter Child Advocacy Center Renovation

$100,000

BA

The
Cocoon Project for Survivors of Domestic and Sexual Violence

$100,000

BB

Toledo
Lutheran Social Services Expansion Project

$100,000

BC

Muskingum
Behavioral Health Improvements

$57,000

BD

Veterans
Resource Center Project

$50,000

The
Department of Behavioral Health shall distribute the foregoing
earmark to Vista Village notwithstanding sections 153.06 and 153.07
of the Revised Code.

Sec.
243.10.

1

2

3

A

PWC
PUBLIC WORKS COMMISSION

B

State
Capital Improvements Fund (Fund 7038)

C

C15000

Local
Public Infrastructure

$415,000,000

D

State
Capital Improvements Fund (Fund 7038) Total

$415,000,000

E

State
Capital Improvements Revolving Loan Fund (Fund 7040)

F

C15030

Revolving
Loan

$100,000,000

G

State
Capital Improvements Revolving Loan Fund (Fund 7040) Total

$100,000,000

H

Clean
Ohio Conservation Fund (Fund 7056)

I

C15060

Clean
Ohio Conservation

$75,300,000

J

Clean
Ohio Conservation Fund (Fund 7056) Total

$75,300,000

K

TOTAL
ALL FUNDS

$590,300,000

LOCAL
PUBLIC INFRASTRUCTURE

Capital
appropriations in H.B. 2 of the 135th General Assembly made from the
State Capital Improvements Fund (Fund 7038) shall be used in
accordance with sections 164.01 to 164.12 of the Revised Code. The
Director of the Public Works Commission may certify to the Director
of Budget and Management that a need exists to appropriate investment
earnings to be used in accordance with sections 164.01 to 164.12 of
the Revised Code. If the Director of Budget and Management determines
pursuant to division (D) of section 164.08 and section 164.12 of the
Revised Code that investment earnings are available to support
additional appropriations, such amounts are hereby appropriated.

If
the Public Works Commission receives refunds due to project
overpayments that are discovered during a post-project audit, the
Director of the Public Works Commission may certify to the Director
of Budget and Management that refunds have been received. In
certifying the refunds, the Director of the Public Works Commission
shall provide the Director of Budget and Management information on
the project refunds. The certification shall detail by project the
source and amount of project overpayments received and include any
supporting documentation required or requested by the Director of
Budget and Management. Upon receipt of the certification, the
Director of Budget and Management shall determine if the project
refunds are necessary to support existing appropriations. If the
project refunds are available to support additional appropriations,
these amounts are hereby appropriated to appropriation item C15000,
Local Public Infrastructure/State CIP.

Of
the foregoing appropriation item C15000, Local Public Infrastructure,
$15,000,000 under the Emergency Program shall be used to provide
grants to communities to assist with road-slip emergency projects on
nonstate roads or locally maintained routes and portions of
interstates.

STATE
CAPITAL IMPROVEMENT PROGRAM - SMALL GOVERNMENTS

Up
to $10,000,000 in fiscal year 2026 shall be used for State Capital
Improvement Program (SCIP) projects, in accordance with division
(B)(1) of section 164.08 of the Revised Code, in townships with
populations of less than five thousand persons within their
unincorporated areas.

REVOLVING
LOAN

Capital
appropriations in H.B. 2 of the 135th General Assembly made from the
State Capital Improvements Revolving Loan Fund (Fund 7040) shall be
used in accordance with sections 164.01 to 164.12 of the Revised
Code.

If
the Public Works Commission receives refunds due to project
overpayments that are discovered during a post-project audit, the
Director of the Public Works Commission may certify to the Director
of Budget and Management that refunds have been received. In
certifying the refunds, the Director of the Public Works Commission
shall provide the Director of Budget and Management information on
the project refunds. The certification shall detail by project the
source and amount of project overpayments received and include any
supporting documentation required or requested by the Director of
Budget and Management. Upon receipt of the certification, the
Director of Budget and Management shall determine if the project
refunds are necessary to support existing appropriations. If the
project refunds are available to support additional appropriations,
these amounts are hereby appropriated to appropriation item C15030,
Revolving Loan.

CLEAN
OHIO CONSERVATION GRANT REPAYMENTS

Capital
appropriations in H.B. 2 of the 135th General Assembly made from the
Clean Ohio Conservation Fund (Fund 7056) shall be used in accordance
with sections 164.20 to 164.27 of the Revised Code.

Any
amount in grant repayments received by the Public Works Commission
and deposited into the Clean Ohio Conservation Fund pursuant to
section 164.261 of the Revised Code is hereby appropriated through
the foregoing appropriation item C15060, Clean Ohio Conservation.

Sec.
363.10.

1

2

3

A

DAS
DEPARTMENT OF ADMINISTRATIVE SERVICES

B

Reappropriations

C

Building
Improvement Fund (Fund 5KZ0)

D

C10035

Building
Improvement

$210,942

E

TOTAL
Building Improvement Fund

$210,942

F

Administrative
Building Taxable Bond Fund (Fund 7016)

G

C10041

MARCS
- Taxable

$5,045,730

H

C10044

Lorain
County MARCS Tower/Sheffield Lake

$250,000

I

C10052

Symmes
Valley Tower Project in Lawrence County

$1,000

J

C10055

Highland
County MARCS Tower

$1,000

K

TOTAL
Administrative Building Taxable Bond Fund

$5,297,730

L

Administrative
Building Fund (Fund 7026)

M

C10000

Governor's
Residence

$2,536,996

N

C10010

Office
Services Building Renovations

$64,539

O

C10015

SOCC
Renovations

$622,172

P

C10019

25
S. Front Street Renovations

$11,801

Q

C10020

North
High Building Complex Renovations

$400,000

R

C10021

Office
Space Planning

$5,000,000

S

C10034

Aronoff
Center Systems Replacements and Upgrades

$1,150,000

T

C10038

Riffe
Renovations

$710,702

U

C10042

IT
Projects

$4,000,000

V

C10051

Fleet
Sustainability

$250,000

W

TOTAL
Administrative Building Fund

$14,746,210

X

Capital
IT Projects Fund (Fund 7091)

Y

C10054

Statewide
IT Projects

$10,000,000

Z

TOTAL
Capital IT Projects Fund

$10,000,000

AA

TOTAL
ALL FUNDS

$30,254,882

MARCS

STEERING
COMMITTEE AND
STATEWIDE
COMMUNICATIONS SYSTEM

(A)
There is hereby continued a Multi-Agency Radio Communications System
(MARCS) Steering Committee consisting of the following members:

(1)
The directors, or designees thereof, of Administrative Services,
Public Safety, Natural Resources, Transportation, Rehabilitation and
Correction, and Budget and Management, and the State Fire Marshal or
the State Fire Marshal's designee;

(2)
The following members appointed by the Governor:

(a)
One representative of the Ohio Chapter of the Association of Public
Safety Communications Officials or its successor organization;

(b)
One representative of the Buckeye State Sheriff's Association or its
successor organization;

(c)
One representative of the Ohio Association of Chiefs of Police or its
successor organization;

(d)
One representative of the Ohio Fire Chiefs' Association or its
successor organization.

(3)
Two members of the House of Representatives appointed by the Speaker
of the House of Representatives, one from the majority party and one
from the minority party;

(4)
Two members of the Senate appointed by the President of the Senate,
one from the majority party and one from the minority party.

(B)
The Director of Administrative Services or the Director's designee
shall chair the Committee.

(C)
The Committee shall provide assistance to the Director of
Administrative Services for effective and efficient implementation of
MARCS as well as develop policies for the ongoing management of the
system. Upon dates prescribed by the Directors of Administrative
Services and Budget and Management, the MARCS Steering Committee
shall report to the Directors on the progress of MARCS implementation
and the development of policies related to the system.

(D)
The Committee shall establish a subcommittee to represent MARCS users
on the local government level. The chairperson of the subcommittee
shall serve as a member of the MARCS Steering Committee.

(E)

The foregoing appropriation item C10041, MARCS - Taxable, shall be
used to purchase or construct the components of MARCS that are not
specific to any one agency. The equipment may include, but is not
limited to, computer and telecommunications equipment used for the
functioning and integration of the system, communications towers,
tower sites, tower equipment, and linkages among towers. The Director
of Administrative Services shall
,
with the concurrence of the MARCS Steering Committee,

determine the specific use of funds. Expenditures from this
appropriation shall not be subject to Chapters 123. and 153. of the
Revised Code.

MEDINA
COUNTY RADIO SYSTEM-SEVILLE TOWER

The
amount reappropriated for the foregoing appropriation item C10057,
Medina County Radio System-Seville Tower, is the unencumbered balance
as of June 30, 2024, in appropriation items C230FM, Cultural and
Sports Facilities Projects, earmarked for Westfield Center Community
Center ADA Improvement Project and the Medina County and Brunswick
Historical Societies Project/Wadsworth Historical Society, and
C58001, Community Assistance Projects, earmarked for Westfield Center
Improvements.

BUILDING
IMPROVEMENT

The
amount reappropriated for the foregoing appropriation item C10035,
Building Improvement, is the unencumbered balance as of June 30,
2024, in appropriation item C10035, Building Improvement, plus up to
$293,343. Prior to the expenditure of this additional appropriation,
the Department of Administrative Services shall certify to the
Director of Budget and Management canceled encumbrances up to
$293,343 from appropriation item C10035, Building Improvement.

MARCS
- TAXABLE

The
amount reappropriated for the foregoing appropriation item C10041,
MARCS - Taxable, is the unencumbered balance as of June 30, 2024, in
appropriation item C10041, MARCS - Taxable, plus up to $45,731. Prior
to the expenditure of this additional appropriation, the Department
of Administrative Services shall certify to the Director of Budget
and Management canceled encumbrances up to $45,731 from appropriation
item C10041, MARCS - Taxable.

LORAIN
COUNTY MARCS TOWER/SHEFFIELD LAKE

The
amount reappropriated for the foregoing appropriation item C10044,
Lorain County MARCS Tower/Sheffield Lake, is the unencumbered balance
as of June 30, 2024, in appropriation item C10044, Lorain County
MARCS Tower/Sheffield Lake, plus the unencumbered balance as of June
30, 2024, in appropriation item C10048, Williams County MARCS Tower.

OFFICE
SERVICES BUILDING RENOVATIONS

The
amount reappropriated for the foregoing appropriation item C10010,
Office Services Building Renovations, is the unencumbered balance as
of June 30, 2024, in appropriation item C10010, Office Services
Building Renovations, plus up to $64,539. Prior to the expenditure of
this additional appropriation, the Department of Administrative
Services shall certify to the Director of Budget and Management
canceled encumbrances up to $64,539 from appropriation item C10010,
Office Services Building Renovations.

SOCC
RENOVATIONS

The
amount reappropriated for the foregoing appropriation item C10015,
SOCC Renovations, is the unencumbered balance as of June 30, 2024, in
appropriation item C10015, SOCC Renovations, plus up to $873,760.
Prior to the expenditure of this additional appropriation, the
Department of Administrative Services shall certify to the Director
of Budget and Management canceled encumbrances up to $873,760 from
appropriation item C10015, SOCC Renovations.

25
S. FRONT STREET RENOVATIONS

The
amount reappropriated for the foregoing appropriation item C10019, 25
S. Front Street Renovations, is the unencumbered balance as of June
30, 2024, in appropriation item C10019, 25 S. Front Street
Renovations, plus up to $28,717. Prior to the expenditure of this
additional appropriation, the Department of Administrative Services
shall certify to the Director of Budget and Management canceled
encumbrances up to $28,717 from appropriation item C10019, 25 S.
Front Street Renovations.

ARONOFF
CENTER SYSTEMS REPLACEMENTS AND UPGRADES

The
amount reappropriated for the foregoing appropriation item C10034,
Aronoff Center Systems Replacements and Upgrades, is the unencumbered
balance as of June 30, 2024, in appropriation item C10034, Aronoff
Center Systems Replacements and Upgrades, plus up to $385,580. Prior
to the expenditure of this additional appropriation, the Department
of Administrative Services shall certify to the Director of Budget
and Management canceled encumbrances up to $385,580 from
appropriation item C10034, Aronoff Center Systems Replacements and
Upgrades.

RIFFE
RENOVATIONS

The
amount reappropriated for the foregoing appropriation item C10038,
Riffe Renovations, is the unencumbered balance as of June 30, 2024,
in appropriation item C10038, Riffe Renovations, plus up to $11,514.
Prior to the expenditure of this additional appropriation, the
Department of Administrative Services shall certify to the Director
of Budget and Management canceled encumbrances up to $11,514 from
appropriation item C10038, Riffe Renovations.

Sec.
371.20.
COMMUNITY
SUPPORT

The
foregoing appropriation item C58050, Community Support, shall be
equal to the amount of all projects specified in this section, unless
the amounts are released prior to June 30, 2024, plus any unexpended
amounts in appropriation item C58001, Community Assistance Projects,
for projects that are not specified in this section, if the Director
of Budget and Management determines that such amounts are needed to
complete the projects for which they were appropriated.

The
amount reappropriated for the foregoing appropriation item C58050,
Community Support, is the unencumbered balance as of June 30, 2024,
in appropriation item C58050, Community Support, plus the
unencumbered balance as of June 30, 2024, in appropriation items
C25537, YMCA Dayton - Huber Heights Campus, minus $250,000, C58033,
Transforming Vital Services, C58044, Women Community Reentry Project,
and C58046, Seek Inc., plus a portion of the unencumbered balance as
of June 30, 2024, in appropriation item C58001, Community Assistance
Projects, needed to complete the projects specified in this section.

The
amount reappropriated for the foregoing appropriation item C58050,
Community Support, earmarked for Dayton Boys and Girls Club (Miami
Chapel Inspire Zone), is the unencumbered balance as of June 30,
2024, in appropriation item C37755, Comprehensive Outpatient Program
Expansion (COPE).

The
amount reappropriated for the foregoing appropriation item C58050,
Community Support, earmarked for Faith Mission Life Safety and
Critical Improvements, is the unencumbered balance as of June 30,
2024, in appropriation items C315HS, Charitable Pharmacy and Market,
C315IT, Culture Markets, C315JC, Negev Foundation - Smart Water
Stations, C58001, Community Assistance Projects, earmarked for Save a
Warrior Project and YWCA Family Center - Columbus, and C725E2, Local
Parks, Recreation, and Conservation Projects, earmarked for
Harrisburg Baseball Complex.

1

2

A

Project
List

B

Gracehaven-Multipurpose
Building

$2,500,000

C

Dayton
Boys and Girls Club (Miami Chapel Inspire Zone)

$1,000,000

D

Cuyahoga
County Mental Health Diversion Center

$1,700,000

E

Bellefaire
Jewish Children's Bureau Child and Youth Service Center

$1,000,000

F

Greater
Dayton Regional Hospital Association

$800,000

G

Cleveland
Clinic Akron General

$700,000

H

Cleveland
Christian Home

$700,000

I

Providence
House East Side Campus Community Hub

$700,000

J

Faith
Mission Life Safety and Critical Improvements

$560,000

K

Neighborhood
Alliance YMCA Renovation

$500,000

L

Unison
Health Poe Road Crisis Residential Center
Whitney
Manor

$500,000

M

Lorain
County Health and Dentistry

$500,000

N

Tri-County
Board of Recovery and Mental Health Services

$450,000

O

Medina
County Emergency Housing Shelter

$450,000

P

Providence
House

$400,000

Q

Ashtabula
City - Samaritan House

$400,000

R

May
Dugan Building Renovation and Expansion

$350,000

S

Western
Reserve Area on Aging

$300,000

T

Alvis
House

$300,000

U

Tiffin
Community Kitchen

$300,000

V

House
of Hope-Friends of the Homeless

$300,000

W

Saint
Vincent de Paul Social Services Emergency Shelter for Men

$250,000

X

Adams
County

$250,000

Y

Cedar
Hills Transformation Camp

$250,000

Z

YWCA
Greater Cincinnati Domestic Violence Shelter East

$250,000

AA

Sisters
of Charity Health System and Sisters of Charity Foundation of
Cleveland

$250,000

AB

Center
for Addiction Treatment Recovery House

$250,000

AC

TCH
Outpatient Community Behavioral Health (Best Point) Building

$250,000

AD

Toledo
YWCA Domestic Violence Shelter

$250,000

AE

CHC
Addiction Services

$250,000

AF

West
Dayton Community Services Center (Easter Seals Miami Valley)

$200,000

AG

CommQuest
Recovery Campus Improvements

$200,000

AH

Star
House

$200,000

AI

Union
Miles Development Corp (Walt Collins Veterans Housing Facility)

$200,000

AJ

Washington
County Boys and Girls Club

$175,000

AK

City
of Franklin

$150,000

AL

Y-Haven
YMCA of Greater Cleveland

$150,000

AM

Pathways
for Women

$150,000

AN

Square
One Meigs

$150,000

AO

Maryhaven

$125,000

AP

Uptown
Smiles Clinical Renovations

$125,000

AQ

Forbes
House Domestic Violence Project

$120,000

AR

Henry
County

$110,000

AS

Seven
Hills Trauma Recovery Center

$105,000

AT

CommQuest

$100,000

AU

Comprehensive
Health Care at the Centers, Gordon Square

$100,000

AV

Y-Haven
YWCA of Greater Cleveland

$100,000

AW

Women's
Resource Center of Hancock County

$100,000

AX

YMCA
Competitive Sports Training Facility

$75,000

AY

Grace
House Akron, Inc.

$50,000

AZ

Cadence
Care Network Family and Community Resource Center

$50,000

BA

Cornerstone
of Hope

$50,000

BB

Harbor
Crisis Stabilization Unit

$50,000

BC

Homesafe
- Ashtabula

$40,000

BD

The
Commons at Springfield

$25,000

BE

Women's
Recovery Center

$13,000

Sec.
373.15.
The
foregoing appropriation item C725E2, Local Parks, Recreation, and
Conservation Projects, shall be equal to the amount of all unreleased
local parks projects and allowable administrative costs specified in
this section, unless amounts are released prior to June 30, 2024.

Of
the foregoing appropriation item C725E2, Local Parks, Recreation, and
Conservation Projects, an amount equal to two per cent of the
projects listed may be used by the Department of Natural Resources
for the administration of local projects.

The
amount reappropriated for the foregoing appropriation item C725E2,
Local Parks, Recreation, and Conservation Projects, earmarked for
Mandel Jewish Community Center Preston's H.O.P.E. Playground, is the
unencumbered balance as of June 30, 2024, in appropriation item
C26086, Mandel Jewish Community Center.

The
amount reappropriated for the foregoing appropriation item C725E2,
Local Parks, Recreation, and Conservation Projects, earmarked for
Geller Park Pickleball Court Complex, is the unencumbered balance as
of June 30, 2024, in appropriation item C315GR, Heath Port Authority
Primary Standards Lab, minus $41,000.

The
amount reappropriated for the foregoing appropriation item C725E2,
Local Parks, Recreation, and Conservation Projects, earmarked for
Lake Erie Council - Boys Scouts of America Beaumont Scout Camp, is
the unencumbered balance as of June 30, 2024, in appropriation item
C38335, Lake Erie Council - Boys Scouts of America Beaumont Scout
Camp.

The
amount reappropriated for the foregoing appropriation item C725E2,
Local Parks, Recreation, and Conservation Projects, earmarked for
Lima Simmons Field Sports Complex, is the unencumbered balance as of
June 30, 2024, in appropriation item C38124, Allen County Airport
Communications.

The
amount reappropriated for the foregoing appropriation item C725E2,
Local Parks, Recreation, and Conservation Projects, earmarked for
Beverly Island Park Bridge and Mid-Ohio Aquatic Center, is the
unencumbered balance as of June 30, 2024, in appropriation item
C230FM, Cultural and Sports Facilities Projects, earmarked for the
Carnes Center.

The
amount reappropriated for the foregoing appropriation item C725E2,
Local Parks, Recreation, and Conservation Projects, earmarked for
Rootstown TWP Community Park Improvements Project, is the
unencumbered balance as of June 30, 2024, in appropriation item
C23062, Village of Edinburg Veterans Memorial.

The
amount reappropriated for the foregoing appropriation item C725E2,
Local Parks, Recreation, and Conservation Projects, earmarked for
Lagore Memorial Dog Park at Caesar Creek, is the unencumbered balance
as of June 30, 2024, in appropriation item C230FM, Cultural and
Sports Facilities Projects, earmarked for Warren County Community
Services.

The
amount reappropriated for the foregoing appropriation item C725E2,
Local Parks, Recreation, and Conservation Projects, earmarked for
Versailles Heritage Park, is the unencumbered balance as of June 30,
2024, in appropriation item C230J7, Cardinal Center.

The
amount reappropriated for the foregoing appropriation item C725E2,
Local Parks, Recreation, and Conservation Projects, earmarked for
GRIT Chesapeake Community Center, is the unencumbered balance as of
June 30, 2024, in appropriation item C32231, GRIT Chesapeake
Community Center.

The
amount reappropriated for the foregoing appropriation item C725E2,
Local Parks, Recreation, and Conservation Projects, earmarked for
Vienna Air Heritage Park, is the unencumbered balance as of June 30,
2024, in appropriation item C34567, Western Reserve Port Authority.

1

2

A

Project
List

B

Downtown
Cleveland Lakefront Access Project

$5,000,000

C

Mentor
Erosion Mitigation

$3,000,000

D

Heritage
Trail Extension

$2,500,000

E

Cleveland
Tower City and Bedrock Development Activities

$2,000,000

F

Smale
Riverfront Park

$1,700,000

G

Cincinnati
Findlay Community and Recreation Center

$1,200,000

H

Gateway
to Freedom Park

$1,200,000

I

Akron
Area YMCA Camp Y-Noah Capital Improvement

$1,000,000

J

South
Point Community Pool

$1,000,000

K

Cincinnati
Zoo and Botanical Garden Pedestrian Bridge

$900,000

L

The
Wilds RV Park and Campground

$900,000

M

Conneaut
Marina Improvement

$850,000

N

Irishtown
Bend and Canal Basin Park

$850,000

O

Auglaize
Mercer Recreational Complex

$750,000

P

Copley
Ridgewood Trail

$750,000

Q

Delhi
Towne Square

$750,000

R

Environmental
Education Pavilion at Forest Lawn Stormwater Park

$750,000

S

Glen
Helen Nature Preserve Accessibility Improvements

$750,000

T

Sandusky
Bay Pathway/Landing Park

$750,000

U

Scranton
Trail Project
Detroit
Shoreway Project

$750,000

V

GRIT
Chesapeake Community Center

$750,000

W

Dublin
Bridge Park and Greenways Project

$650,000

X

Kurt
Tunnell Memorial Trail

$500,000

Y

Massillon
Park Splash Pad

$500,000

Z

North
Ridgeville Mills Creek

$500,000

AA

Oak
Harbor Waterfront

$500,000

AB

Sidney
Feeder Canal Bike Trail

$500,000

AC

The
Foundry

$500,000

AD

Geneva
Township Park - Old Lake Road Shoreline Restoration

$450,000

AE

Hamilton-Clover
Groff Trail Project

$450,000

AF

McCord
Park Renovations

$450,000

AG

Mentor
Marsh Observation Tower

$450,000

AH

Wadsworth
Memorial Park Improvements

$420,000

AI

Mosquito
Creek Lake Park Improvements

$404,000

AJ

Buckeye
Lake Feeder Channel Restoration

$400,000

AK

Chagrin
Meadows Preserve

$400,000

AL

Kelleys
Island East Lakeshore Shoreline Protection

$400,000

AM

Lake
Metroparks Lake Erie Shoreline Trail and Revetment Wall

$400,000

AN

McDonald
Commons Renovation and Construction

$400,000

AO

Solon
to Chagrin Falls Multi- Purpose Trail

$400,000

AP

Lake
Erie Council - Boys Scouts of America Beaumont Scout Camp

$350,000

AQ

Dover
Riverfront
Trail
Connector
Park
Improvements

$350,000

AR

Alum
Creek Pedestrian/Bike Bridge - Bexley

$350,000

AS

Boeckling
Building Pier

$350,000

AT

Elyria
Intergenerational Community Center

$350,000

AU

Fairport
Harbor Marina Boat Launch

$350,000

AV

Gateway
Regional Sports Complex

$350,000

AW

Wauseon
Community Social and Recreational Center

$350,000

AX

Sheffield
Village French Creek Project

$325,000

AY

Lima
Simmons Field Sports Complex

$300,000

AZ

Camp
Joy

$300,000

BA

Canal
Fulton Community Park

$300,000

BB

Chagrin
River Trail

$300,000

BC

Creston
Community Park Renovations

$300,000

BD

Glenford
Earthworks Phase III

$300,000

BE

Kalida
St. Michael Holy Name Ballpark

$300,000

BF

Magic
Mile Trail

$300,000

BG

Massillon
Park Splash Pad

$300,000

BH

Mayerson
JCC Expansion

$300,000

BI

Niles
Bike Path Bridge Improvements

$300,000

BJ

North
Canton Price Park Recreation and Accessibility Improvements

$300,000

BK

Plain
Township Diamond Park Historic Barn

$300,000

BL

Portage
Lakes Drive Community Park

$300,000

BM

Reservoir
Connector Trail Phase 2

$300,000

BN

Solon-Chagrin
Falls Multi-purpose Trail

$300,000

BO

Wadsworth
City Park

$300,000

BP

Grailville
Park Improvements

$260,000

BQ

Cave
Lake Center for Community Leadership

$250,000

BR

Coke
Oven Community Civic Center Park

$250,000

BS

Rotary
Lodge at River Cliff Park Renovation

$250,000

BT

Covington
- Schoolhouse Park

$250,000

BU

Heights
to Hudson Trail

$250,000

BV

J.
Babe Stern Ball Field

$250,000

BW

Johnstown
Splash Pad

$250,000

BX

Lockington
Trail Bridge

$250,000

BY

SPIRE
Institute and Academy

$250,000

BZ

Timken
Gatehouse Renovation

$250,000

CA

West
Carrollton Whitewater Park

$250,000

CB

Wooster
Barnes Preserve

$250,000

CC

Beverly
Island Park Bridge

$250,000

CD

Mid-Ohio
Aquatic Center

$250,000

CE

Vienna
Air Heritage Park

$250,000

CF

Valleyview
Park

$240,000

CG

Cave
Lake Dam

$225,000

CH

Dan
Beard Scout Camp Flooding and Erosion Mitigation

$223,000

CI

Chillicothe
Paint Creek Recreational Trail

$215,000

CJ

Lawrence
County Union Rome Trails and Walkways

$214,000

CK

Mandel
Jewish Community Center Preston's H.O.P.E Playground

$210,000

CL

Geller
Park Pickleball Court Complex

$210,000

CM

Bradstreet's
Landing Pier, Lakefront Access and Resiliency Improvements

$200,000

CN

Camp
Oty'Okwa Capital Improvements

$200,000

CO

Center
Gateway Improvement Project - Rocky River

$200,000

CP

Centerville
Benham's Grove

$200,000

CQ

City
of Monroe Lookout Point

$200,000

CR

Franklin
Furnace Park

$200,000

CS

Great
Miami River Trail – Middletown to Monroe Segment Construction
Project

$200,000

CT

Home
Road Trail Extension

$200,000

CU

Lorain
County Metro Park Connector

$200,000

CV

Mayerson
JCC Improvements

$200,000

CW

Mount
Aloysius Community Recreational Center

$200,000

CX

Munson
Springs Nature Preserve and Historical Site

$200,000

CY

Portage
Bike and Hike Trail - Mill Race Segment

$200,000

CZ

Shared
Use Path Connector (Goosepond Road-Licking Health Department)

$200,000

DA

Sheffield
Village Trails

$200,000

DB

Union
and Rome Township Trails Project

$200,000

DC

Shawnee
West Buckeye Trail

$195,000

DD

Jim
Terrell Park Canoe/Kayak Launch

$190,000

DE

Darke
County Art Trail

$180,000

DF

Bryn
Du Barn

$175,000

DG

Norton
Bicentennial Park

$175,000

DH

Antrim
Community Center

$150,000

DI

Brown
County Board of Developmental Disabilities Resource and Community
Center

$150,000

DJ

Buckeye
Lake Boat Ramps and Pier Enabling Project

$150,000

DK

Findlay
Playground/Grant Park/Over-the-Rhine Recreation Center

$150,000

DL

Forest
Park Central Park Improvements

$150,000

DM

Lancaster
All Accessible Sports Complex and Park

$150,000

DN

Mansfield
B&O Trail Connector

$150,000

DO

Mansfield
Central Park

$150,000

DP

Medina
County Rocky River Trail West Branch

$150,000

DQ

Mill
Creek Valley Conservancy District Corridor Revitalization

$150,000

DR

Mount
Gilead Park Site Preparations

$150,000

DS

North
Kingsville Village - Community Park

$150,000

DT

North
Olmsted Community Park Improvements

$150,000

DU

Pickerington
Soccer Association Facility Improvements

$150,000

DV

Restore
Rockefeller

$150,000

DW

Rio
Grande Reservoir and Park Improvements

$150,000

DX

Swanton
Railroad Park

$150,000

DY

Wellsville
Marina Dredging

$150,000

DZ

West
Union SR 41 Shared Use Path Phase II

$140,000

EA

Bellefontaine
Blue Jacket Park

$135,000

EB

Wadsworth
Durling Park Improvements

$135,000

EC

Carey
Splash Pad

$125,000

ED

Fairlawn
Gully Water Quality Basins

$125,000

EE

Flight
Line: East Dayton Rails-to-Trails

$125,000

EF

Friedt
Park

$125,000

EG

Old
Murray City School Building Demolition

$125,000

EH

Willard
Park Improvements

$110,000

EI

Lodi's
Richman Field Splash Pad

$105,000

EJ

Avon
Lake Weiss Field Park Pavilion Replacement Project

$100,000

EK

Brunswick
Hills Township Park

$100,000

EL

Sylvania
Plummer Pool

$100,000

EM

Cobblestone
Park - Medina

$100,000

EN

Columbia
Township Wooster Pike Bike Trail

$100,000

EO

Fairfax
Ziegler Park Improvements

$100,000

EP

Holden
Arboretum All-Season Trails

$100,000

EQ

Mansfield
Sterkel Park

$100,000

ER

Mecca
Township Recreation Center

$100,000

ES

Miracle
Field Complex

$100,000

ET

Mitchell
Park Trail Connector

$100,000

EU

Ottawa
Memorial Pool Splash Pad

$100,000

EV

Outdoor
Theater and Performing Arts Community Park - Hillsboro

$100,000

EW

Pickleball
Courts at Patricia Allyn Park

$100,000

EX

Plain
City Heritage Trail

$100,000

EY

The
Pony Wagon Trail

$100,000

EZ

The
Wilds Shade and Shelter Improvements

$100,000

FA

Veterans
Memorial at Rose Run Park

$100,000

FB

Village
of Bellville Historic Bandstand Renovations

$100,000

FC

Weatherstone
Park - Wadsworth

$100,000

FD

Whitehall
Community Park Revitalization

$100,000

FE

Acres
of Adventure Learning Center

$90,000

FF

Byesville
Patriot Park

$90,000

FG

Lagore
Memorial Dog Park at Caesar Creek

$75,000

FH

4-H
Camp Piedmont Upgrades

$75,000

FI

Brook
Park Central Park

$75,000

FJ

Buckeye
Lake Crystal Lagoon

$75,000

FK

Fairborn
Memorial Park

$75,000

FL

Geneva-on-the-Lake
Shoreline Protection Project

$75,000

FM

Independence
Pool Facility Improvements

$75,000

FN

Leipsic
Buckeye Park

$75,000

FO

Little
Miami River Access and Park Development

$75,000

FP

McConnelsville
Community Recreational Building

$75,000

FQ

Middleport-Pomeroy
Walking Path Project Phase IV

$75,000

FR

Mt.
Sterling Mason Park

$75,000

FS

New
Concord Swimming Pool

$75,000

FT

Outdoor
Sports Court Revitalization - Springdale

$75,000

FU

Sharon
Nature Preserve Trails Phase I

$75,000

FV

Summit
Lake Vision Plan

$75,000

FW

Hiestand
Woods Park and Preserve

$75,000

FX

Versailles
Heritage Park

$75,000

FY

Wadsworth
Safety Town Park

$75,000

FZ

Western
Reserve Greenway Bike Trail

$75,000

GA

Voice
of America MetroPark Tylersville Road Entrance

$70,000

GB

Ellsworth
Hills Learning Lab

$65,000

GC

Buckeye
Trail East Fork Wildlife Area

$57,000

GD

Avon
Lake Veterans Park Gazebo

$50,000

GE

Bellaire
Walking Trail

$50,000

GF

Big
Walnut Trail Extension and Park

$50,000

GG

Big
Walnut Trail SE Columbus - Eastland Area

$50,000

GH

Brunswick
Lake ADA Canoe/Kayak Launch

$50,000

GI

Buckeye
Lake Crystal Lagoon and Public Park

$50,000

GJ

Caldwell
Race Track Upgrades

$50,000

GK

Camp
Sherman Park

$50,000

GL

Center
Ice Foundation

$50,000

GM

Cleveland
Botanical Garden Public Accessible Garden Path

$50,000

GN

Drews
Trak Memorial Pump Track Expansion

$50,000

GO

Greenwich
Reservoir Park

$50,000

GP

Harmar
Pedestrian Bridge Restoration Projects

$50,000

GQ

Jeromesville
Square Park

$50,000

GR

Keener
Park Renovations/Pickleball Courts

$50,000

GS

Kelley
Nature Preserve Boat Ramp

$50,000

GT

Levitt
Pavilion Dayton

$50,000

GU

Madison
Village Dana's Park

$50,000

GV

Madison
Village Wetland Trail

$50,000

GW

Milford
Center Rail Depot

$50,000

GX

Millersport
Lions Park

$50,000

GY

P&G
MLB Cincinnati Reds Youth Academy

$50,000

GZ

Pomeroy
Multimodal Path

$50,000

HA

Prairie
Trail/Stitt Park Improvements

$50,000

HB

Richmond
Heights Community Park Gazebo

$50,000

HC

Salt
Fork State Park

$50,000

HD

Shade
Community Center Upgrades

$50,000

HE

Village
of Bloomdale Reservoir Project

$50,000

HF

West
Union Pedestrian Bike Path

$50,000

HG

Bruce
L. Chapin Bridge- Northcoast Inland Trail

$45,000

HH

Selby
Building Revitalization

$45,000

HI

Village
of Dunkirk Splash Pad and Storage Building

$45,000

HJ

Burr
Oak State Park

$44,000

HK

Chippewa
Falls Rail Trail Parking Lot

$40,000

HL

Chippewa
Park Shelter House

$40,000

HM

Monroe
Community Park Activity Center

$40,000

HN

Nimisila
Park Excavating

$40,000

HO

Rittman
Splash Pad

$40,000

HP

Waverly
Canal Park

$40,000

HQ

Rootstown
TWP Community Park Improvements

$35,000

HR

Jeromesville
Community Garden

$35,000

HS

Village
of Highland Hills Gazebo

$35,000

HT

Monroeville
Clark Park - North Coast Inland Trail Connection

$33,000

HU

Camp
McKinley Improvements

$30,000

HV

Keener
Park Sledding Hill

$30,000

HW

Perry
Township Community Recreation Center

$30,000

HX

Village
of Weston Community Splash Pad

$30,000

HY

Aurora
Kayak Launch Platform

$26,000

HZ

Blue
Heron Park Trail Phase II

$25,000

IA

Charlement
Reservation Stable

$25,000

IB

East
Liverpool Park Improvements

$25,000

IC

Gloria
Glens Southwest Park Grading

$25,000

ID

YMCA
Auglaize-Mercer Recreation Complex

$25,000

IE

Rayland
Friendship Park Restroom Project

$25,000

IF

Willshire
Ballpark Enhancements

$25,000

IG

Oakwood
Community Park

$22,610

IH

Blue
Heron Park Flood Mitigation

$20,000

II

Clifton
to Yellow Springs Bike Trail

$20,000

IJ

Hardin
County Veterans Memorial Park

$20,000

IK

Moser
Park Concession Stand Replacement

$20,000

IL

Zuck
Riparian Preserve Trail

$18,000

IM

Wakeman
Trail Connector

$17,000

IN

Sardinia
Veteran's Community Park Revitalization

$15,000

IO

Seville
Memorial Park Public Restroom Facilities

$15,000

IP

Kokosing
Gap Trail

$14,000

IQ

Village
of Albany Bike Paths

$10,000

IR

Paulding
County Trails Project

$7,500

IS

Buckeye
Trail Boesel Easement Bridge

$2,800

Section
620.21.
That
existing Sections 200.30 (as amended by H.B. 54 of the 136th General
Assembly), 207.37, 221.15 (as amended by S.B. 54 of the 135th General
Assembly), 243.10 (as amended by H.B. 54 of the 136th General
Assembly), 363.10, 371.20 (as amended by S.B. 54 of the 135th General
Assembly), and 373.15 (as amended by S.B. 54 of the 135th General
Assembly) of H.B. 2 of the 135th General Assembly are hereby
repealed.

Section
620.30.
That
Sections 335.20 and 757.60 of H.B. 33 of the 135th General Assembly
are hereby repealed.

Section
620.40.
That
Section 14 of H.B. 238 of the 135th General Assembly be amended to
read as follows:

Sec.
14.
(A)
(A)(1)

The Ohio Medical Quality Foundation, described in section 3701.89 of
the Revised Code, is retained under division (E) of section 101.83 of
the Revised Code and expires as a statutory entity at the end of
December 31, 2025.

(B)
(2)

It is the intent of the General Assembly, through the repeal by
this
act
H.B.
238 of the 135th General Assembly
of
section 3701.89 of the Revised Code, to abolish the Ohio Medical
Quality Foundation as a statutory entity on January 1, 2026.

(C)
(3)

As soon as practicable

after
the effective date of this section but not later than April 1, 2025
,
the Foundation, through its corporate trustee, shall transfer all of
its remaining unencumbered funds, to the extent possible under law
and contract, to the Medical Quality Assurance Fund established under
section 113.78 of the Revised Code.

(D)
(4)

As soon as practicable after the transfer described in division

(C)
(A)(3)

of this section, the trustees of the Foundation shall prepare a
written report identifying the following:

(1)
(a)

Any encumbered funds unable to be transferred to the Medical Quality
Assurance Fund, including the amounts still to be distributed
pursuant to contracts in effect at the time of the report's
preparation;

(2)
(b)

The duration of any contracts in effect at the time of the report's
preparation;

(3)
(c)

The dates on which any remaining funds will be considered
unencumbered.

The
trustees shall submit the report to the Treasurer of State, Governor,
Senate President, and Speaker of the House of Representatives.

(E)
Following the repeal of section 3701.89 of the Revised Code on
January 1, 2026, the Treasurer of State shall assume the contractual
duties of the Foundation, its trustees, and its corporate trustee, as
identified under any contracts in effect on that date. If any
payments owed by the Foundation remain in arrears on or after January
1, 2026, the Treasurer of State may make the payments on behalf of
the Foundation.

(5)

For
the purposes specified in
this
division
divisions
(A)(1) to (4) of this section
and
any others that the Treasurer of State considers necessary in winding
down the affairs of the Foundation, the Treasurer of State shall be
given access to the Foundation's records.

(B)(1)
Not later than thirty days after the Treasurer of State receives
notice under section 4731.256 of the Revised Code that the foundation
described in that section has been created, the Treasurer of State
shall transfer all unencumbered money remaining in the Medical
Quality Assurance Fund to the monitoring organization under contract
with the State Medical Board pursuant to section 4731.25 of the
Revised Code.

(2)
Not later than thirty days after the monitoring organization receives
the money transferred under division (B)(1) of this section, the
monitoring organization shall submit the money to the foundation's
governing board described in section 4731.256 of the Revised Code.

(3)
On January 1, 2026, or the thirtieth day after the foundation's
governing board receives the money submitted division (B)(2) of this
section, whichever is later, the governing board shall complete its
initial disbursement of funds in accordance with section 4731.256 of
the Revised Code.

Section
620.41.
That
existing Section 14 of H.B. 238 of the 135th General Assembly is
hereby repealed.

Section
630.10.
That
Section 6 of H.B. 150 of the 134th General Assembly is hereby
repealed.

Section
630.20.
That
Section 5 of S.B. 202 of the 134th General Assembly is hereby
repealed.

Section
630.30.
That
Section 5 of H.B. 554 of the 134th General Assembly (as amended by
H.B. 101 of the 135th General Assembly) be amended to read as
follows:

Sec.
5.
(A)
This section applies to a community school described in Section 16 of
H.B. 583 of the 134th General Assembly and to any other community
school that is operated by a management company that operates a
community school subject to that section.

(B)
Notwithstanding division (H) of section 3314.08 of the Revised Code,
a community school established under Chapter 3314. of the Revised
Code and to which this section applies may report to the Department
of Education and Workforce the number of students enrolled in the
community school on a full-time equivalent basis for the 2022-2023,
2023-2024,
and

2024-2025
,
and 2025-2026

school years using the lesser of the following:

(1)
The maximum full-time equivalency for the portion of the school year
for which the student is enrolled in the school;

(2)
The sum of one-sixth of the full-time equivalency based on attendance
for the portion of the school year for which the student is enrolled
in the school and one-sixth the full-time equivalency based on each
credit of instruction earned during the enrollment period, not to
exceed five credits.

(C)(1)
The Department of Education and Workforce shall complete a review of
each community school that reports the full-time equivalency of
students under division (B) of this section in accordance with
division (K) of section 3314.08 of the Revised Code.

(2)
If the Department determines a school has been overpaid based on a
review completed under division (C)(1) of this section, it shall
require a repayment of the overpaid funds and may require the school
to establish a plan to improve the reporting of enrollment.

(D)
Notwithstanding any provision to the contrary in the Revised Code or
the Administrative Code, for purposes of reporting attendance and
meeting minimum school year requirements under sections 3313.48 and
3314.03 of the Revised Code, a community school to which this section
applies may report attendance to the Department of Education and
Workforce consistent with the attendance policy approved by the
governing authority of the school.

Section
630.31.
That
existing Section 5 of H.B. 554 of the 134th General Assembly (as
amended by H.B. 101 of the 135th General Assembly) is hereby
repealed.

Section
630.40.
That
Section 270.14 of H.B. 45 of the 134th General Assembly (as amended
by H.B. 101 of the 135th General Assembly) be amended to read as
follows:

Sec.
270.14.
In
FY 2023, $15,000,000 of the enhanced federal medical assistance
percentage, enacted as a result of the COVID-19 pandemic, in Section
6008 of the "Families First Coronavirus Response Act," Pub.
L. No. 116-127, shall be used to fund the one-time payment to each
freestanding dialysis center, from GRF appropriation item 651525,
Medicaid Health Care Services, in the manner in which the one-time
payment is established in Section 751.20 of

this
act

H.B.
45 of the 134th General Assembly
.

An
amount equal to the unexpended, unencumbered balance of the amount
allocated in this section, at the end of fiscal year 2023, is hereby
reappropriated to the Department of Medicaid for the same purpose in
fiscal year 2024.

An
amount equal to the unexpended, unencumbered balance of the amount
allocated in this section, at the end of fiscal year 2024, is hereby
reappropriated to the Department of Medicaid for the same purpose in
fiscal year 2025.

An
amount equal to the unexpended, unencumbered balance of the amount
allocated in this section, at the end of fiscal year 2025, is hereby
reappropriated to the Department of Medicaid for the same purpose in
fiscal year 2026.

Section
630.41.
That
existing Section 270.14 of H.B. 45 of the 134th General Assembly (as
amended by H.B. 101 of the 135th General Assembly) is hereby
repealed.

Section
701.40.
(A)
The Governor may execute a Governor's Deed in the name of the State
conveying to Madison County ("grantee"), and its successors
and assigns, to be determined in the manner provided in division (C)
of this section, all of the State's right, title, and interest in the
following described real estate:

Situated
in the State of Ohio, Madison County, Deer Creek Township, VMS 6246,
being part of a 579.44 original acre tract (Deer Creek Township
Parcel 05-00542.000) as conveyed to the State of Ohio Madison
Correctional Prison by Deed Book 134 page 347, and being more
particularly described as:

Beginning
at a mag nail set in the centerline of State Route 38, in the line
between VMS 6246 and VMS 6169, in the line between Deer Creek
Township and the City of London, being the Southeast corner of a
1.000 acre tract conveyed to Tom Farms Inc by Deed Book 278 page 889
and a corner to said 579.44 original acre tract, said mag nail bears
North 15°36'05" West a distance of 5646.35 feet from Madison
County Monument 02-004, said mag nail bears North 04° 15' 00"
East a distance of 1079.10 feet from the intersection of the
centerline of State Route 38 with the line between Deer Creek
Township and Union Township;

Thence,
with the centerline of State Route 38, said VMS line and said Corp.
line, South 04° 15' 00" a distance of 616.00 feet to a mag nail
set;

Thence,
across said 579.44 original acre tract with the following two new
courses:

1)
South 81° 53' 47" West, passing an iron pin and cap set at
35.00 feet, a total distance of 728.66 feet to an iron pin and cap
set;

2)
North 10° 12' 38" West a distance of 569.69 feet to an iron pin
and cap set in the South line of a 100 original acre tract conveyed
to Tom Farms Inc by Deed Book 268 page 770;

Thence,
with the South line of said 100 original acre tract, North 79° 47'
22" East, passing a 1/2 inch diameter iron pipe found at the
Southwest corner of said Tom Farms Inc's 1.000 acre tract at 591.70
feet, passing a 5 inch diameter steel post in concrete found at
849.53 feet, a total distance of 881.99 feet returning to the Point
of Beginning, containing 10.8003 Acres more or less.

Bearings
are based on the centerline of State Route 38 (North 04° 15' 00"
East) as described in Official Record 307 page 2131.

Subject
to and with the benefit of all legal highways, restrictions,
easements, limitations, and reservations, of record, if any and to
zoning restrictions which have been imposed thereon, if any.

All
iron pins are 5/8-inch diameter rebar with yellow plastic cap stamped
"Cotrill Surveying."

The
foregoing legal description may be corrected or modified by the
Department of Administrative Services to a final form if such
corrections or modifications are needed to facilitate recordation of
the deed.

(B)(1)
The conveyance includes improvements and chattels situated on the
real estate, and is subject to all easements, covenants, conditions,
leases, and restrictions of record: all legal highways and public
rights-of-way; zoning, building, and other laws, ordinances,
restrictions, and regulations; and real estate taxes and assessments
not yet due and payable. The real estate shall be conveyed in an
"as-is, where-is, with all faults" condition.

(2)
The deed for conveyance of the real estate may contain restrictions,
exceptions, reservations, reversionary interests, and other terms and
conditions the Director of Administrative Services determines to be
in the best interest of the state.

(3)
Subsequent to the conveyance, any restrictions, exceptions,
reservations, reversionary interests, or other terms and conditions
contained in the deed may be released by the state or the Department
of Administrative Services without the necessity of further
legislation.

(C)
The Director of Administrative Services shall offer the real estate
to the grantee to be determined through a real estate purchase
agreement. Consideration for the conveyance of the real estate
described in division (A) of this section shall be at a price
acceptable to the Director of Administrative Services. If the grantee
to be determined does not complete the purchase of the real estate
within the time period provided in the real estate purchase
agreement, the Director of Administrative Services may use any
reasonable method of sale to determine an alternate grantee willing
to complete the purchase within three years after the effective date
of this section. The Department of Administrative Services shall pay
all advertising costs, additional fees, and other costs incident to
the sale of the real estate to an alternate grantee.

(D)
The real estate described in division (A) of this section shall be
sold as an entire tract and not in parcels.

(E)
Except as otherwise specified above, the grantee shall pay all costs
associated with the purchase, closing and conveyance, including
surveys, title evidence, title insurance, transfer costs and fees,
recording costs and fees, taxes, and any other fees, assessments, and
costs that may be imposed.

The
proceeds of the sale shall be deposited into the state treasury to
the credit of the General Revenue Fund.

(F)
Upon execution of the real estate purchase agreement, the Director of
Administrative Services, with the assistance of the Attorney General,
shall prepare a Governor's Deed to the real estate described in
division (A) of this section. The Governor's Deed shall state the
consideration and shall be executed by the Governor in the name of
the state, countersigned by the Secretary of State, sealed with the
Great Seal of the State, presented in the Department of
Administrative Services for recording, and delivered to the grantee.
The grantee shall present the Governor's Deed for recording in the
Office of the Franklin County Recorder.

Section
701.50.
Sections
122.1712 and 122.1713 of the Revised Code, as enacted by this act,
shall be known as the Platinum Provider Act.

Section
701.60.
When
calculating the state appropriation limitation for fiscal year 2028,
the Governor shall determine the limitation taking into account the
amendments to or enactments of sections 107.032 to 107.034 of the
Revised Code contained in Section 101.01 of this act.

Section
701.70.
All
public officers whose compensation cannot be changed during the
officer's term under Ohio Constitution, Article II, Section 20, shall
continue receiving for the remainder of the officer's term the amount
the official is entitled to under section 325.18, 505.24, or 507.09
of the Revised Code before the effective date of the amendments to
those sections made by this act until the officer begins a new term
and may constitutionally receive the changed compensation amount.

Section
701.90.
The
Auditor of State shall conduct a performance audit of the Public
Utilities Commission of Ohio, which shall include a review of the
Ohio Power Siting Board, in accordance with sections 117.46 to
117.463 of the Revised Code. The Auditor of State shall release the
audit not later than May 1, 2027.

Section
701.100.
The
Rare Disease Advisory Council shall prepare and submit a final report
to the General Assembly, in accordance with division (B) of section
101.68 of the Revised Code, not later than December 31, 2025.

Section
701.110.
(A)
Each agency to which section 121.93 of the Revised Code applies shall
review its operations to identify principles of law or policy that
have not been stated in a rule and that the agency is relying upon in
conducting adjudications or other determinations of rights and
liabilities or in issuing writings and other materials, such as
instructions, directives, policy statements, guidelines, handbooks,
manuals, advisories, notices, circulars, advertisements, forms,
letters, and opinions. An agency is not required to identify
principles of law or policy relied upon in issuing internal
management rules as defined in section 111.15 of the Revised Code.

Not
later than November 30, 2025, each agency to which section 121.93 of
the Revised Code applies shall electronically transmit a report to
the Joint Committee on Agency Rule Review containing all of the
following:

(1)
A statement that the agency has completed the review required by this
section;

(2)
The principles of law or policies identified under this division;

(3)
The agency's considerations regarding the identified principles of
law or policies under division (C) of this section;

(4)
Any principles of law or policies for which the agency determines
rulemaking is indicated or for which the agency has commenced the
rule-making process under division (C) of this section.

(B)
The Joint Committee on Agency Rule Review shall make the reports
available on its web site.

(C)
Each agency to which section 121.93 of the Revised Code applies shall
determine whether a principle of law or policy identified in a review
required under this section has a general and uniform operation and
establishes a legal regulation or standard that would not exist in
its absence. If the principle of law or policy has these
characteristics, the agency shall evaluate the principle or policy
using the standards in division (B) of section 121.93 of the Revised
Code, as amended by this act, to determine whether the principle of
law or policy should be supplanted by its restatement in a rule. If
the agency determines, in light of the standards, that rulemaking is
indicated, the agency shall commence the rule-making process in
accordance with divisions (C) and (D) of section 121.93 of the
Revised Code, as amended by this act.

Section
701.130.
(A)
As used in this section, "state agency" and "state
employee" have the same meanings as in section 124.184 of the
Revised Code, as enacted by this act.

(B)
Not later than December 31, 2026, each state agency required to
develop a plan under section 124.184 of the Revised Code regarding
the work location of the agency's state employees shall submit an
implementation report to the Director of Administrative Services
during the period established by the Director that describes the
agency's compliance with that plan. The agency shall include both of
the following in the report:

(1)
The number of the agency's state employees who report to the agency's
worksite or another location designated by the agency under that
section;

(2)
The wages and job classification of the agency's state employees.

Section
701.140.
(A)
The Auditor of State shall conduct a performance audit and a
financial audit of the Ohio Judicial Conference in accordance with
the applicable provisions of Chapter 117. of the Revised Code.

(B)
The Auditor of State shall submit the audit results to the Speaker of
the House of Representatives and President of the Senate not later
than December 31, 2026.

Section
709.10.
Of
the two additional members appointed to the Ohio Grape Industries
Committee under section 924.51 of the Revised Code as amended by this
act, the initial term of office of one member shall be for a term of
one year and the initial term of office of one member shall be for a
term of two years. Thereafter, terms of those members shall be for
three years as provided in that section.

Section
731.10.
A
county prevention specialist who is serving an existing term on a
child abuse and child neglect regional prevention council in
accordance with section 3109.172 of the Revised Code as of the
effective date of this section may complete the council member's term
of office.

Section
733.20.
(A)
Notwithstanding the repeal and reenactment by this act of sections
3313.902, 3314.38, and 3345.86 of the Revised Code and the repeal by
this act of sections 3317.23, 3317.231, and 3317.24 of the Revised
Code effective July 1, 2026, any individual enrolled in a program
established under one of those sections may do either of the
following:

(1)
Complete the program in accordance with the applicable section, as it
existed prior to the section's repeal or repeal and reenactment by
this act, provided the individual completes the program not later
than June 30, 2027;

(2)
Complete a program described in section 3313.902, 3314.38, or 3345.86
of the Revised Code in accordance with the applicable section, as
enacted by this act.

(B)
The Department of Education and Workforce shall pay an eligible
institution or eligible provider as required by the section under
which the individual completes the program.

Section
733.30.
Notwithstanding
anything to the contrary in division (D) of section 3301.079 and
section 3301.0715 of the Revised Code, as amended by this act, for
the 2025-2026 school year, school districts, community schools
established under Chapter 3314., and STEM schools established under
Chapter 3326. of the Revised Code shall administer each diagnostic
assessment in accordance with those sections as they existed prior to
the effective date of their amendment by this act.

Section
733.40.
Notwithstanding
anything to the contrary in Revised Code, nothing prohibits any other
community college, as defined in section 3333.168 of the Revised
Code, from serving the counties previously served by Eastern Gateway
Community College under section 3354.24 of the Revised Code.

Nothing
in this section exempts a community college from academic program
approval by the Chancellor of Higher Education under section 3333.04
of the Revised Code or from seeking approval under rules adopted by
the Chancellor.

Section
733.70.
(A)
The Department of Education and Workforce shall evaluate each sponsor
of a community school pursuant to section 3314.016 of the Revised
Code for the 2025-2026 school year. Each sponsor's rating for that
school year shall determine the sponsor's evaluation cycle under
division (B)(6)(b) of that section.

(B)
As the Office of Ohio School Sponsorship established under section
3314.029 of the Revised Code assumes sponsorship of Alternative
Education Academy, also known as OHDELA, pursuant to a settlement
agreement with the community school effective July 1, 2025, the
Department shall not include the school when calculating the academic
component of the Office's sponsor evaluation for the 2025-2026 and
2026-2027 school years. If the Office continues to sponsor the school
after the 2026-2027 school year, the Department shall include the
school when calculating the academic component of the Office's
evaluation.

Section
733.80.
(A)
The Director of Education and Workforce shall establish a workgroup
on student transportation. The workgroup shall consist of members
selected by the Director and shall include representatives from each
of the following:

(1)
The chairpersons of the standing committees of the House of
Representatives and the Senate that consider primary and secondary
education legislation;

(2)
The ranking members of the standing committees of the House of
Representatives and the Senate that consider primary and secondary
education legislation;

(3)
School districts, including districts from rural, small town,
suburban, and urban typologies;

(4)
Career-technical education centers;

(5)
Educational service centers;

(6)
Community schools established under Chapter 3314. of the Revised
Code;

(7)
Chartered nonpublic schools;

(8)
The Ohio Association for Pupil Transportation.

(B)
The workgroup shall do both of the following:

(1)
Monitor and review the student transportation system during the
2025-2026 school year and develop recommendations for changes to
better meet the transportation needs of Ohio students;

(2)
Conduct a study of and develop recommendations regarding the
feasibility of each school district board of education providing
transportation to students enrolled in a community school or
nonpublic school on days that the community school or nonpublic
school is open for operation with students in attendance but the
school district is not open for operation with students in attendance
on that day.

(C)
Not later than June 30, 2026, the workgroup shall submit to the
Governor and the General Assembly, in accordance with section 101.68
of the Revised Code, a report on its findings and recommendations.
Upon submission of the report, the workgroup shall cease to exist.

Section
733.90.
(A)
The amendment by this act of section 3307.05 of the Revised Code does
not affect the terms of the members of the State Teachers Retirement
Board serving on the effective date of this section. Division (B) of
section 3307.05 of the Revised Code does not apply to appointed
members of the Board serving on the effective date of this section.

(B)
Pursuant to section 3307.05 of the Revised Code, as amended by this
act, as soon as practicable after the effective date of this section,
all of the following apply:

(1)
The Chancellor of Higher Education shall take office on the Board or
designate an individual to serve on the Board as the Chancellor's
designee.

(2)
The Treasurer of State shall appoint to the Board the Treasurer of
State's investment designee.

(3)
The Speaker of the House of Representatives and the President of the
Senate each shall appoint one investment expert member to the Board.

(C)(1)
The office of the contributing member of the Board described under
former division (D) of section 3307.05 of the Revised Code whose term
expires on August 31, 2026, is abolished on that date.

(2)
The office of the contributing member of the Board described under
former division (D) of section 3307.05 of the Revised Code whose term
expires on August 31, 2027, is abolished on that date.

(3)
The office of the contributing member of the Board described under
former division (D) of section 3307.05 of the Revised Code whose term
expires on August 31, 2028, is abolished on that date.

(D)
The office of the retired teacher member of the Board described under
former division (E) of section 3307.05 of the Revised Code whose term
expires on August 31, 2026, is abolished on that date.

Section
735.10.
This
act first applies to the nomination of candidates for the office of
member of a board of education, and the election of those nominees at
the following general election, beginning with the next primary
election held in an even-numbered year that is held at least one
hundred twenty days after the effective date of this section.

Section
737.10.
(A)
The Director of Environmental Protection shall conduct a review to
assess the motor vehicle inspection and maintenance program that is
implemented in accordance with section 3704.14 of the Revised Code.
The Director shall include all of the following in the review:

(1)
A determination of the necessity of the program;

(2)
An evaluation of whether each county that is subject to the program
during the prior calendar year has achieved, and has the ability to
maintain, compliance with federal ozone standards without
implementation of the program in that county. The evaluation shall
include the most recent air quality monitoring data and predictive
modeling of future compliance.

(3)
An analysis of whether a revision to Ohio's state implementation plan
could be submitted to the United States Environmental Protection
Agency to discontinue the program while maintaining compliance with
national ambient air quality standards. If the Director's analysis
finds that compliance may be achieved without participation in the
program, the Director shall formally submit a request to the United
States Environmental Protection Agency for reconsideration of the
program's implementation in affected regions.

(4)
After proper monitoring, an analysis of weather patterns over
northeast Ohio and the entire great lakes region with respect to how
those patterns impact ozone levels, air circulation, and overall
emissions. The analysis shall include a review of temperature
inversions, seasonal variations, and other meteorological factors
that could contribute to emissions buildup or dispersion. The
analysis also shall evaluate current ozone levels and how such
weather patterns affect compliance status with the national ambient
air quality standards.

(5)
Any potential alternative measures for maintaining air quality if the
program is altered or discontinued.

(B)
Not later than eighteen months after the effective date of this
section, the Director shall compile the findings of the review into a
report. The Director shall submit the report to the General Assembly
and make the report available to the public on the Environmental
Protection Agency's web site.

Section
737.30.
Not
later than ninety days after the effective date of this section, the
Director of Health shall adopt rules in accordance with Chapter 119.
of the Revised Code to implement division (A)(22) of section 3718.02
of the Revised Code.

Section
739.20.
PRIVATE
INSURANCE OUTREACH PROGRAM

During
fiscal year 2027, the Department of Insurance shall create and
administer an outreach program to provide information, awareness, and
assistance to Medicaid recipients to help them transition from
Medicaid to private insurance.

Section
741.10.
(A)
As used in this section, "contributions," "contributory
employer," "payments in lieu of contributions," and
"wages" have the same meanings as in section 4141.01 of the
Revised Code.

(B)
Except as provided in division (E) of this section, the Director of
Job and Family Services shall, in accordance with division (C) of
this section, collect a technology and customer service fee from all
contributory employers and all nonprofit organizations, or groups of
such organizations, that elect to become liable for payments in lieu
of contributions under section 4141.241 of the Revised Code.

(C)(1)
The Director shall collect a technology and customer service fee of
not more than fifteen-hundredths of one per cent of wages per
employee subject to this chapter from each contributory employer. The
Director shall collect any fee due under this section from a
contributory employer at the same time and in the same manner as
contributions due under section 4141.25 of the Revised Code.

(2)
At the time a nonprofit organization, or group of such organizations,
that elects to become liable for payments in lieu of contributions
files or renews a surety bond with the Director in accordance with
division (C) of section 4141.241 of the Revised Code, the Director
shall collect a technology and customer service fee of not more than
thirteen dollars and fifty cents from the organization or group of
organizations.

(D)
Technology and customer service fees collected under this section
shall be paid into the Unemployment Compensation Special
Administrative Fund established in section 4141.11 of the Revised
Code.

(E)
The technology and customer service fee required under this section
applies only to the period beginning December 31, 2025, and ending
December 31, 2027.

Section
745.10.
(A)
As used in this section:

(1)
"Classic motor vehicle" has the same meaning as in section
4517.021 of the Revised Code.

(2)
"Absolute auction" has the same meaning as in section
4707.01 of the Revised Code.

(3)
"Auction firm" and "auction services" have the
same meanings as in section 4707.01 of the Revised Code.

(4)
"Collector's motor vehicle" means a motor vehicle that has
all of the following characteristics:

(a)
It is of special interest.

(b)
It has a fair market value of not less than one hundred dollars,
regardless of whether the motor vehicle is operable.

(c)
It is owned, operated, collected, preserved, restored, maintained, or
used primarily as a collector's item, leisure pursuit, or investment
rather than as the owner's primary means of transportation.

(5)
"Owner" includes any person or entity that has title to a
motor vehicle.

(B)
Beginning on the effective date of this section through August 1,
2026, a person auctioning classic motor vehicles and collector's
motor vehicles is exempt from the vehicle auction-related
requirements and prohibitions of Chapter 4517. of the Revised Code,
provided all of the following apply:

(1)
All of the vehicles that will be auctioned are either classic motor
vehicles or collector's motor vehicles;

(2)
One or more or the vehicles will be auctioned on behalf of a
nonprofit organization that is exempt from federal income taxation
under section 501(c)(3) of the Internal Revenue Code and that is
located in Ohio;

(3)
Not less than three-fourths of the vehicles will be auctioned through
the style of an absolute auction;

(4)
The auction will last not more than three days;

(5)
The auction will be held at an exposition center in the largest city
by population in Ohio, according to the most recent federal decennial
census;

(6)
The person will only hold one auction of classic motor vehicles and
collector's motor vehicles between the effective date of this section
and August 1, 2026;

(7)
The person requests and receives permission for the auction from the
Registrar of Motor Vehicles in accordance with division (C) of this
section.

(C)(1)
Not less than thirty days prior to the proposed date of the auction,
the person intending to host an auction in accordance with division
(B) of this section shall file an application requesting approval for
the auction with the Registrar that contains all of the following:

(a)
The person's name and business address;

(b)
The location of the auction;

(c)
Evidence, sufficient to satisfy the Registrar, that the person does
not exclusively sell motor vehicles;

(d)
Any necessary, reasonable, and relevant information that the
Registrar may require to verify compliance with this section.

(2)
The application shall be signed and sworn to by the applicant.

(D)
The person hosting an auction in accordance with division (B) of this
section shall do all of the following:

(1)
Auction any classic motor vehicle or collector's motor vehicle to the
general public for the legal owner of the vehicle, of which ownership
must be evidenced at the time of the auction by a valid certificate
of title;

(2)
Keep a record of the following information for each classic motor
vehicle and collector's motor vehicle offered for sale at the
auction, in a manner prescribed by the Registrar:

(a)
The certificate of title number, county, and state of registration;

(b)
The year, make, model, and vehicle identification number;

(c)
The name and address of the person offering the vehicle for sale;

(d)
The name and address of any vehicle purchaser;

(e)
The date the vehicle is offered for sale;

(f)
Any purchase price;

(g)
The odometer reading at the time of the auction and an odometer
statement from the person offering the vehicle for sale at auction
that complies with 49 U.S.C. 32705.

(3)
Allow reasonable inspection by the Registrar of the person's records
relating to each classic motor vehicle and collector's motor vehicle
auctioned.

(E)
Any person who auctions classic motor vehicles and collector's motor
vehicle under this section shall use the auction services of an
auction firm to conduct the auction.

(F)
The Registrar may refuse permission to hold an auction if the
Registrar finds that the parameters of the auction do not comply with
division (B) of this section or that the applicant made a false
statement of a material fact in the application filed under division
(C) of this section.

(G)
The Registrar shall not authorize a person licensed under section
4707.072 of the Revised Code to offer auction services or act as an
auctioneer in regard to an auction of classic motor vehicles and
collector's motor vehicle pursuant to this section.

(H)
Nothing in this section shall be interpreted as modifying or
conflicting with the requirements of Chapter 4707. of the Revised
Code.

Section
751.20.
(A)
The Department of Medicaid shall conduct a comprehensive study on the
feasibility, legality, and potential cost savings of establishing a
Medicaid waiver component that establishes work requirements for
Medicaid recipients and includes additional supplemental workforce
development requirements.

(B)
As part of the study required under this section, the Department
shall evaluate the impact of requiring Medicaid recipients who
maintain eligibility by satisfying work requirements for twelve
consecutive months to enroll in a workforce development program that
satisfies either of the following:

(1)
The program is a state-sponsored workforce development program that
can be completed within twelve months.

(2)
The program is one that is offered through a private or public
training facility, community college, or university that can be
completed within twelve months.

(C)
The study required under this section shall assess all of the
following:

(1)
The legal feasibility of implementing the requirements described in
division (B) of this section;

(2)
The workforce development training capacity within this state;

(3)
The potential cost savings associated with implementing the
requirements described in division (B) of this section;

(4)
The projected impact on Medicaid enrollment in this state if the
requirements described in division (B) of this section were to be
implemented.

(D)
Not later than September 1, 2026, the Medicaid Director shall prepare
a report detailing the Department's findings of the study conducted
under this section, including any policy recommendations. The report
shall be submitted to the Governor, the Speaker of the House of
Representatives, the President of the Senate, and the chairperson of
the finance committee of both the House of Representatives and
Senate.

Section
751.30.
(A)(1)
The Child Care Provider Recruitment and Mentorship Grant Program is
created in the Department of Children and Youth. Under the program,
the Department shall award grants to eligible organizations for the
following purposes:

(a)
To increase, through recruitment efforts, Ohio's supply of licensed
child care providers, including at least one hundred twenty new
family child care homes, especially in areas or communities of the
state most in need of such care;

(b)
To assist entities and individuals recruited under the program in
establishing and operating child care businesses and adopting
business practices to best serve the needs of Ohio's families.

(2)
The Department shall operate the program described in division (A)(1)
of this section until July 1, 2027.

(3)
Each grant recipient shall do all of the following over the course of
the recipient's grant period:

(a)
With the assistance of the Department and relevant stakeholders,
identify and recruit entities and individuals interested in operating
family child care homes, in particular, in areas and communities with
limited access to such homes;

(b)
Partner with prospective child care providers to assist them in
developing and implementing child care business models;

(c)
Assist prospective child care providers in obtaining licensure under
Chapter 5104. of the Revised Code;

(d)
Mentor licensed child care providers in such topics as operating,
maintaining, and expanding child care businesses.

(B)
An organization seeking a program grant shall apply to the Department
in the manner prescribed by the Department. To be eligible for a
program grant, an applicant shall demonstrate that it is able to do
all of the following:

(1)
In collaboration with the Department and relevant stakeholders, plan,
staff, and hold events, either in-person or virtually, to identify
and recruit prospective child care providers;

(2)
Develop informational materials to assist licensed child care
providers with marketing, advertising, and outreach;

(3)
Establish a software platform, with a customizable dashboard, that
may be accessed by licensed child care providers to assist them with
tasks such as marketing their businesses, enrolling children,
communicating with families, billing for services, and reporting
expenses;

(4)
Offer and provide coaching and training to child care staff employed
by licensed child care providers, which may include in-person, group
training sessions, on-site coaching visits, community forums, and
other events;

(5)
Perform any other activity the Department considers relevant.

The
Department shall review each application it receives under this
section. After receiving an application it considers complete, the
Department shall determine whether the applicant meets the
eligibility conditions described in this division. If the eligibility
conditions are met, and subject to available funds, the Department
shall award a grant to the recipient. Each grant shall expire at the
close of fiscal year 2027.

(C)
The Department shall require each grant recipient, as a condition of
continued funding, to submit to the Department on a periodic basis
reports describing the recipient's progress in partnering with,
assisting, and mentoring prospective and licensed child care
providers, in particular the number and content of trainings offered
by the recipient, the types of software or web site platforms the
recipient makes available to child care providers, and any other
information the Department considers necessary. The reports shall be
completed and submitted in the manner and at the intervals prescribed
by the Department.

Section
751.40.
(A)
The Ibogaine Treatment Study Committee is established to study and
evaluate the use of ibogaine for the care and treatment of
individuals with substance use disorders and veterans with
post-traumatic stress disorder, depression, and mild traumatic brain
injuries. In conducting its study and evaluation, the committee shall
consider the following topics:

(1)
The needs of individuals with substance use disorders;

(2)
The needs of veterans with post-traumatic stress disorder,
depression, and mild traumatic brain injuries;

(3)
The efficacy of using ibogaine for the care and treatment of the
individuals specified in divisions (A)(1) and (2) of this section,
including a review of available scientific literature;

(4)
State and federal law regarding ibogaine;

(5)
Any other topics the committee considers relevant.

(B)
The committee consists of the following six members:

(1)
Four members of the General Assembly, two appointed by the Speaker of
the House of Representatives and two appointed by the Senate
President;

(2)
The Director of Behavioral Health or the Director's designee;

(3)
The Director of Veterans Services or the Director's designee.

The
members shall be appointed not later than thirty days after the
effective date of this section. Vacancies, including any vacancy due
to the expiration of a member of the General Assembly's term of
office, shall be filled not later than thirty days after the vacancy
occurs in the same manner as the original appointment. The members
shall select a chairperson from among the committee's membership and
shall meet as necessary to satisfy the requirements of this section.

(C)
Not later than December 31, 2027, the committee shall prepare and
submit to the General Assembly a report of its recommendations for
legislation addressing use of ibogaine for the care and treatment of
individuals with substance use disorders and veterans with
post-traumatic stress disorder, depression, and mild traumatic brain
injuries. The report shall be submitted in accordance with section
101.68 of the Revised Code. The Ohio Department of Behavioral Health
shall provide to the committee the administrative support necessary
to execute its duties.

(D)
The committee ceases to exist on the submission of the report
described in division (C) of this section.

Section
751.70.
Not
later than December 31, 2027, the Auditor of State shall conduct a
performance and fiscal audit of the Department of Medicaid's next
generation system. The Auditor of State shall submit a copy of the
audit report to the the standing committees of the House of
Representatives and the Senate that primarily consider legislation
governing the Medicaid program and the Legislative Service
Commission.

In
conducting the audit under this section, the Auditor of State may
examine any of the following components of the system:

(A)
The Provider Network Management;

(B)
The Ohio Medicaid Enterprise System;

(C)
The Ohio Resilience Through Integrated Systems and Excellence
(OhioRISE) Program;

(D)
The Electronic Data Interchange;

(E)
The Medicaid state pharmacy benefit manager that was selected in
accordance with section 5167.24 of the Revised Code;

(F)
Centralized Provider Credentialing;

(G)
Prior authorization requirements;

(H)
Issues with late payments to Medicaid providers;

(I)
Any other aspects of the system that the Auditor of State considers
relevant.

Section
751.80.
PRIVATE
INSURANCE OUTREACH PROGRAM

During
Fiscal Year 2027, the Department of Medicaid shall create and
administer an outreach program to provide information, awareness, and
assistance to Medicaid recipients to help them transition from
Medicaid to private insurance.

Section
751.90.
HIGH-THC
CANNABIS IMPACT RESEARCH STUDY

(A)
As used in this section, "cannabis" and "THC"
have the same meanings as in section 3780.01 of the Revised Code.

(B)
The Department of Behavioral Health, in collaboration with the
Department of Commerce, shall conduct a study in partnership with a
qualified Ohio public university, public safety agency, or research
consortium selected by the Department of Behavioral Health to assess
the potential health risks and benefits of cannabis and hemp-derived
product use and to review state-level program evaluations from other
states and peer-reviewed research regarding the following:

(1)
Physical, behavioral, cognitive, and neurodevelopmental effects of
chronic or early use of high-potency THC cannabis products,
particularly among individuals under the age of twenty-five;

(2)
Cannabis-induced psychosis and schizophrenia;

(3)
Cannabis hyperemesis syndrome;

(4)
The relationship between cannabis use and depression, anxiety,
suicidal ideation, completed suicides, and cannabis use disorder;

(5)
The relationship between cannabis use and cognitive and
neurodevelopmental impairments such as decline in memory and
executive functioning;

(6)
Disproportionate impacts of cannabis use on vulnerable populations,
including youth, pregnant women, unborn children, and individuals
with a history of trauma or mental illness;

(7)
The relationship between cannabis use and IQ loss;

(8)
Health benefits of cannabis and hemp-derived products, including
potential therapeutic uses and recommended guidelines for potency and
usage.

(C)
The Department of Behavioral Health shall submit two reports to the
Governor and the General Assembly in accordance with section 101.68
of the Revised Code and shall publish a copy of each report on the
Department's web site. The initial report shall be submitted by June
30, 2026, and the final report shall be submitted by June 30, 2027.
Each report shall include the following:

(1)
A comparative analysis of THC regulations, potency limits, and health
outcomes from other states' cannabis programs;

(2)
A synthesis of peer-reviewed research and reputable state program
data;

(3)
Recommendations for cannabis regulation, prevention education, public
education campaigns, and outreach efforts for stakeholders such as
the General Assembly, state agencies, employers, educators, and the
general public.

(D)
The Department of Behavioral Health shall seek the input of the
following as necessary to complete the report required by division
(C) of this section:

(1)
The Department of Health;

(2)
RecoveryOhio;

(3)
The Bureau of Workers' Compensation;

(4)
The Department of Public Safety;

(5)
The Attorney General;

(6)
The State Medical Board;

(7)
The Ohio High Intensity Drug Trafficking Area;

(8)
Prevention consultants certified by the Chemical Dependency
Professionals Board;

(9)
Children's hospitals.

Section
751.100.
PLACEMENT
OF CHILDREN IN GROUP HOMES

(A)
As used in this section, "group home" has the same meaning
as "group home for children" in section 5103.05 of the
Revised Code.

(B)
The operator of a group home shall not displace a child who is placed
in the group home as of the effective date of this section in order
to comply with the ratio requirements established in rules adopted
under division (B)(3) of section 5103.0520 of the Revised Code. The
operator shall not accept the placement of additional children until
the group home has complied with the ratio requirements.

Section
751.120.
The
Department of Medicaid shall conduct a request for information to
study the feasibility of requiring Medicaid managed care
organizations to conduct internal data cross checks.

Section
751.150.
The
Department of Rehabilitation and Correction shall create a pilot
program in the Ross Correctional Institution to ensure that no
private entity provides food service within the institution and
instead utilizes state employees to oversee meals and food service to
the extent such a program does not conflict with existing contracts.

Section
751.160.
(A)
As used in this section:

(1)
"Electronic visit verification system" has the same meaning
as in 42 U.S.C. 1396b.

(2)
"Integrated care delivery system" means the demonstration
project implemented as described in section 5164.91 of the Revised
Code.

(3)
"Medicaid managed care organization" includes a managed
care organization participating in the integrated care delivery
system.

(B)
Beginning on the effective date of this section and through June 30,
2027, if the Medicaid Director establishes an electronic visit
verification system in rules adopted under section 5164.02 of the
Revised Code, then all of the following apply:

(1)
The electronic visit verification system shall not exceed the minimum
requirements specified in 42 U.S.C. 1396b.

(2)
The Department of Medicaid and the Department of Developmental
Disabilities shall provide education and technical assistance to
Medicaid providers subject to the electronic visit verification
system to aid them in complying with the system.

(3)
When a Medicaid provider described in division (B)(2) of this section
submits a claim to the Department of Medicaid, the Department of
Developmental Disabilities, a Medicaid managed care organization, or
any other entity authorized to pay a Medicaid claim subject to the
electronic visit verification system and the claim is not supported
by information in the system, all of the following apply:

(a)
The department, organization, or entity shall not deny the claim.

(b)
The department, organization, or entity shall notify the Medicaid
provider that the claim is not supported by information in the
system.

(c)
The department, organization, or entity shall offer the Medicaid
provider the opportunity to review and correct both the claim and
data in the system.

(4)
The Department of Medicaid, the Department of Developmental
Disabilities, a Medicaid managed care organization, or any other
entity authorized to conduct a post-payment audit or review may
consider information in the electronic visit verification system as
part of its audit or review protocol, but shall not conduct an audit
or review based solely on information in the system.

Section
751.170.
AUDIT
AND CORRECTIVE ACTION PLAN FOR THE AGED, BLIND, AND DISABLED MEDICAID
ELIGIBILITY GROUP

(A)
The Auditor of State shall conduct an audit of the Medicaid program
to determine whether any individuals enrolled in the Medicaid program
on the basis of being a member of the aged, blind, and disabled
eligibility group are ineligible to participate in the Medicaid
program. The audit shall specifically examine whether individuals who
are members of the aged, blind, and disabled eligibility group have
countable assets that exceed the limits specified in 20 C.F.R.
416.1205.

(B)
Upon the conclusion of the audit conducted under this section, the
Department of Medicaid shall initiate a corrective action plan,
designed to reduce spending in the Medicaid program for individuals
in the aged, blind, and disabled eligibility group, that does all of
the following:

(1)
Addresses individuals who are determined by the audit to be
ineligible for continued participation in the Medicaid program;

(2)
Establishes and implements an electronic asset verification system
for all applicants and enrollees in the aged, blind, and disabled
eligibility group;

(3)
Undertakes other initiatives designed to reduce spending in the
Medicaid program for individuals in the aged, blind, and disabled
eligibility group.

(C)
The Department of Medicaid shall submit a copy of the corrective
action plan to the Legislative Service Commission and the
chairpersons of the standing committees in both the House of
Representatives and the Senate that primarily consider legislation
governing the Medicaid program.

Section
755.20.
(A)
As used in this section:

(1)
"First responder" means a law enforcement agency, fire
department, or emergency medical services organization.

(2)
"Unmanned aerial vehicle system" has the same meaning as in
section 4561.50 of the Revised Code.

(B)
The Director of Transportation shall establish a Drones for First
Responders pilot program to be administered by the Department of
Transportation.

(C)
The program shall be designed to focus on the following goals:

(1)
Acquiring unmanned aerial vehicle system assets for first responders
within municipal corporations;

(2)
Providing training on the operation of unmanned aerial vehicle
systems to the operators of those systems;

(3)
Obtaining approval from the Federal Aviation Administration for
beyond visual line of sight operations for purposes of the pilot
program and the operation of unmanned aerial vehicle systems within
the program;

(4)
Integrating existing Ohio unmanned aerial vehicle system
infrastructure for purposes of conducting beyond visual line of sight
operations within the program;

(5)
Collecting metrics for cost-benefit analyses related to advanced
unmanned aerial vehicle system operations;

(6)
Developing a comprehensive approach for community acceptance and
integration of unmanned aerial vehicle system operations;

(7)
Standardizing an approval process with the Federal Aviation
Administration for unmanned aerial vehicle system operators across
the state.

(D)(1)
The Director shall establish a process to award money available under
the program to the legislative authority of municipal corporations
that are willing to participate in the program and meet any
guidelines established by the Director for meeting the program's
goals. The money awarded shall be allocated towards the purchase of
unmanned aerial vehicle systems for first responders within the
municipal corporations, for training support, for assisting in
navigating federal processes and approvals, and for supporting the
integration of statewide operations.

(2)
Any unmanned aerial vehicle system purchased through the program
shall comply with the federal laws and regulations for such systems,
including those in the national security interests of the United
States. As such, no system, including any components, services, or
maintenance of that system, shall originate from a country or other
entity that has been deemed a national security risk by the United
States Secretary of State in accordance with 22 U.S.C. 2780 and 50
U.S.C. 4813. Additionally, any system shall comply with the "Support
Anti-terrorism by Fostering Effective Technologies Act of 2002,"
6 U.S.C. 441, et seq., and any applicable conditions of national
defense spending.

(E)
The Director shall establish any procedures and requirements
necessary to administer this section, including award processes, and
any conditions for the expenditure of funding awarded under the
program.

(F)(1)
Not later than two years after the effective date of this section,
the Director shall submit a report regarding the program to the
Governor, the Speaker of the House of Representatives, the President
of the Senate, the Minority Leaders of the House of Representatives
and Senate, and the chairs of any committee of the House of
Representatives and Senate related to transportation issues.

(2)
The report shall detail how funds were expended through the program,
the success of the program in meeting its goals, the cost-benefit
analysis created through the program, and any recommendations for
additional integration of unmanned aerial vehicle system operations
by first responders.

Section
757.10.
The
amendment by this act of section 5747.05 of the Revised Code is
intended to clarify the meaning of that section as it existed before
the effective date of this section and is not intended to change the
meaning in any way.

Section
757.20.
The
amendment by this act of section 5747.40 of the Revised Code is
intended to clarify the meaning of that section as it existed prior
to the effective date of this section. It is not intended to change
the meaning of section 5747.40 of the Revised Code in any way.

Section
757.30.
The
Tax Commissioner may issue assessments pursuant to the amendment by
this act of section 5736.09 of the Revised Code on or after the
effective date of that amendment, subject to the four-year time
limitation prescribed in division (F) of that section.

Section
757.40.
BUSINESS
INCENTIVE TAX CREDITS

In
order to facilitate an understanding of business incentive tax
credits, as defined in section 107.036 of the Revised Code, the
following table provides an estimate of the amount of credits that
may be authorized in each fiscal year of the 2026-2027 biennium, an
estimate of the credits expected to be claimed in each fiscal year of
that biennium, and an estimate of the amount of credits authorized
that will remain outstanding at the end of that biennium. In
totality, this table provides an estimate of the state revenue
forgone due to business incentive tax credits in the 2026-2027
biennium and future bienniums.

1

2

3

4

5

6

A

Biennial
Business Incentive Tax Credit Estimates

(All
Figures in Thousands of Dollars)

B

Estimate
of total value of tax credits authorized

Estimate
of tax credits issued/claimed

Expected
Out
-
standing
Credits

C

Tax
Credit

FY
2026

FY
2027

FY
2026

FY
2027

End
of Biennium

D

Job
Creation

$170,000

$175,000

$139,200

$145,000

$705,000

E

Job
Retention

$0

$0

$15,300

$10,710

$23,000

F

Historic
Preservation

$60,000

$60,000

$122,300

$86,100

$372,000

G

Film

$50,000

$50,000

$40,000

$35,000

$100,000

H

Film
and Theatre

$25,000

$25,000

$15,000

$25,000

$70,000

I

New
Markets

$10,000

$10,000

$7,500

$7,500

$46,000

J

R&D
Loan

$0

$0

$0

$0

$5,000

K

InvestOhio
Program

$5,000

$5,000

$3,750

$3,750

$7,500

L

Ohio
Rural Business Growth

$0

$0

$18,750

$18,750

$7,500

M

Ohio
Opportunity Zone

$25,000

$25,000

$25,000

$25,000

$0

N

Transformational
Mixed-Use Development

$0

$0

$136,200

$110,600

$237,500

Section
757.60.
The
amendment by this act of division (I) of section 5747.08 of the
Revised Code and section 5747.39 of the Revised Code is intended to
clarify the meaning of those sections as they existed before the
effective date of this section and is not intended to change their
meaning in any way.

Section
757.70.
(A)
As used in this section, "qualified property" means
property that satisfies the qualifications for tax exemption under
section 5709.07 of the Revised Code, or any other section of the
Revised Code that provides a tax exemption for property owned or used
by a church, and that was acquired by a church which recorded the
deed for the property between May 1, 2022, and May 31, 2022.

(B)
Notwithstanding sections 5713.08, 5713.081, and 5715.27 of the
Revised Code, and without regard to any time or payment limitations
under any section of the Revised Code, the owner of qualified
property at any time within twelve months after the effective date of
this section may file an application with the Tax Commissioner
requesting that the qualified property be placed on the exempt list
and that all unpaid taxes, penalties, and interest on the property be
abated, including taxes, penalties, and interest that have become a
lien prior to the date of acquisition of title to the property by the
qualified property's owner.

(C)
The application shall be made on the form prescribed by the Tax
Commissioner under section 5715.27 of the Revised Code and shall list
the name of the county in which the property is located; the
property's legal description, taxable value, and the amount, in
dollars, of the unpaid taxes, penalties, and interest; the date of
acquisition of title to the property; the use of the property during
any time that the unpaid taxes accrued; and any other information
required by the Commissioner. The county auditor shall supply the
required information upon request of the applicant.

(D)
Upon request of the applicant, the county treasurer shall determine
if all taxes, penalties, and interest that became a lien on the
qualified property before it was first used by the property's owner
or a prior owner for an exempt purpose have been paid in full. If so,
the county treasurer shall issue a certificate to the applicant
stating that all such taxes, penalties, and interest have been paid
in full. The applicant shall attach the county treasurer's
certificate to the application filed with the Tax Commissioner under
this section.

(E)
Upon receipt of an application, the Tax Commissioner shall determine
if the qualified property meets the qualifications set forth in this
section and if so shall issue an order directing that the property be
placed on the exempt list of the county in which it is located and
that all unpaid taxes, penalties, and interest for each year that the
property met the qualifications for exemption described in section
5709.07 or another section of the Revised Code be abated. If the
Commissioner finds that the property is or previously was being used
for a purpose that would disqualify it for such exemption, the Tax
Commissioner shall issue an order denying the application with
respect to such tax years where the Commissioner finds that
disqualifying use.

(F)
If the Tax Commissioner finds that the property is not entitled to
the tax exemption and abatement of unpaid taxes, penalties, and
interest for any of the years for which the applicant claims an
exemption or abatement, the Commissioner shall order the county
treasurer of the county in which the property is located to collect
all taxes, penalties, and interest on the property for those years as
required by law.

Section
757.80.
(A)
As used in this section, "qualified property" means real
property that is owned by a municipal corporation or township and
satisfies the qualifications for tax exemption under the terms of
section 5709.08 of the Revised Code.

(B)
Notwithstanding sections 5713.08, 5713.081, and 5715.27 of the
Revised Code, and without regard to any time or payment limitations
under any section of the Revised Code, the owner of qualified
property at any time within twelve months after the effective date of
this section may file an application with the Tax Commissioner
requesting that the qualified property be placed on the exempt list
and that all unpaid taxes, penalties, and interest on the property be
abated, including taxes, penalties, and interest that have become a
lien prior to the date of acquisition of title to the property by the
qualified property's owner.

(C)
The application shall be made on the form prescribed by the Tax
Commissioner under section 5715.27 of the Revised Code and shall list
the name of the county in which the property is located; the
property's legal description, taxable value, and the amount, in
dollars, of the unpaid taxes, penalties, and interest; the date of
acquisition of title to the property; the use of the property during
any time that the unpaid taxes accrued; and any other information
required by the Commissioner. The county auditor shall supply the
required information upon request of the applicant.

(D)
Upon request of the applicant, the county treasurer shall determine
if all taxes, penalties, and interest that became a lien on the
qualified property before it was first used by the property's owner
or a prior owner for an exempt purpose have been paid in full. If so,
the county treasurer shall issue a certificate to the applicant
stating that all such taxes, penalties, and interest have been paid
in full. The applicant shall attach the county treasurer's
certificate to the application filed with the Tax Commissioner under
this section.

(E)
Upon receipt of an application, the Tax Commissioner shall determine
if the qualified property meets the qualifications set forth in this
section and if so shall issue an order directing that the property be
placed on the exempt list of the county in which it is located and
that all unpaid taxes, penalties, and interest for each year that the
property met the qualifications for exemption described in section
5709.08 or another section of the Revised Code be abated. If the
Commissioner finds that the property is or previously was being used
for a purpose that would disqualify it for such exemption, the Tax
Commissioner shall issue an order denying the application with
respect to such tax years where the Commissioner finds that
disqualifying use.

(F)
If the Tax Commissioner finds that the property is not entitled to
the tax exemption and abatement of unpaid taxes, penalties, and
interest for any of the years for which the applicant claims an
exemption or abatement, the Commissioner shall order the county
treasurer of the county in which the property is located to collect
all taxes, penalties, and interest on the property for those years as
required by law.

Section
757.90.
(A)(1)
The amendment by this act of division (A) of section 5715.19 of the
Revised Code is intended to be a remedial measure and applies to
original complaints filed on or after the effective date of this
section.

(2)
The amendment by this act of division (B) of section 5715.19 of the
Revised Code is intended to be a remedial measure and applies to tax
year 2022 and after.

(3)
The amendment or enactment by this act of division (I) of section
5715.19 of the Revised Code applies to agreements entered into on or
after the effective date of this section.

(4)
The enactment by this act of division (K) of section 5715.19 of the
Revised Code applies to original complaints filed on or after the
effective date of this section.

(B)
The amendment by this act of section 5717.01 of the Revised Code is
intended to be a remedial measure and applies to any appeal taken
from a decision of a board of revision rendered on or after July 21,
2022, except that the amendment of that section prohibiting an appeal
by a third party complainant, as defined in section 5715.19 of the
Revised Code, applies to any appeal taken from a board of revision
decision rendered on or after the effective date of this section.

Section
757.110.
Notwithstanding
section 5705.316 of the Revised Code, each county budget commission
or, if applicable, joint budget commission, shall convene not later
than October 31, 2025, to proceed as described in that section. At
that meeting, the commission shall review the certification required
for fiscal year 2025 under section 5705.36 of the Revised Code for
each city, local, or exempted village school district in the county.
If the carry-over balance in a district's general operating budget
exceeds the applicable percentage of the district's general fund
expenditures made in that fiscal year, the commission shall reduce
the rate of, or the annual amount of money to be raised by, any or
all of the current expense taxes levied by the district for tax year
2025 to the extent described in section 5705.316 of the Revised Code.
A board may, by resolution certified to the commission on or before
October 1, 2025, designate an amount of the district's carry-over
balance as reserved for current or future permanent improvements
expenditures, and the commission shall not consider the designated
amount as described in that section. If such funds are not expended
as designated within those three years, the commission shall consider
them as a part of the carry-over balance in all subsequent years.

This
section does not apply to a school district to which section 5705.316
of the Revised Code does not apply.

Section
757.120.
(A)
The Tax Commissioner shall not make adjustments in 2025 or 2026 to
the income amounts in divisions (A)(2) and (3) of section 5747.02 of
the Revised Code, as otherwise required by division (A)(5) of that
section, or make adjustments in 2025 or 2026 to the personal
exemption amounts prescribed in division (A) of section 5747.025 of
the Revised Code, as otherwise required by divisions (B) and (C) of
that section.

(B)
Notwithstanding any rule adopted pursuant to section 5747.06 of the
Revised Code, the Tax Commissioner shall adjust the income tax
withholding rate tables published pursuant to those rules to reflect
all amendments to the income tax rates prescribed in section 5747.02
of the Revised Code, as amended by this act, such that not more than
one hundred million dollars in General Revenue Fund revenue is
forgone in fiscal year 2026 and not more than two hundred fifteen
million dollars in General Revenue Fund revenue is forgone in fiscal
year 2027 as the result of such adjustments.

Section
757.140.
The
owner of a tax credit certificate issued under section 122.852 of the
Revised Code, as it existed prior to that section's repeal by this
act, may claim the credit in the manner prescribed in that section
and sections 5726.59, 5747.67, and 5751.55 of the Revised Code, as
those sections existed prior to their repeal by this act.

Section
757.150.
(A)
For the first year in which the property tax relief screening system
established under section 5703.83 of the Revised Code is operational,
notwithstanding division (C)(3) of section 323.153 or division (B)(2)
of section 4503.066 of the Revised Code, no charges, penalties, or
interest shall be imposed against a parcel of real property or a
manufactured or mobile home based on a determination under the
property tax relief screening system that the parcel or home received
one or more reductions for which the parcel or home was not eligible,
except if the county auditor determines that the parcel or home's
reduction was procured through fraud, a false statement, or a knowing
omission as described in divisions (D), (E), or (F) of section
323.153 or divisions (C), (D), or (E) of section 4503.066 of the
Revised Code. The county auditor and county treasurer shall
disqualify such ineligible parcels and homes from receiving the
reduction or reductions beginning with the tax year in which the
county auditor makes a final determination that the parcel or home is
not eligible for such reduction or reductions.

(B)
A county treasurer shall ensure that any tax bill issued under
section 323.13 or 4503.06 of the Revised Code in that year for a
parcel receiving the reduction in taxes authorized under division (A)
or (B) of section 323.152 or section 4503.065 of the Revised Code, as
applicable to the parcel, clearly informs the owner of the
eligibility requirements for that applicable reduction and notifies
the owner of the one-year amnesty for self-reporting improper receipt
of the reduction provided under division (A) of this section.

Section
757.160.
Notwithstanding
division (B)(3) of section 323.152 of the Revised Code, as enacted by
this act, if a board of county commissioners adopts a resolution
under that section on or before October 31, 2025, the partial
exemption shall first apply, in the case of real property taxes, to
tax year 2025 or, in the case of manufactured home taxes, to tax year
2026.

Section
757.170.
Notwithstanding
section 319.304 of the Revised Code, as enacted by this act, if a
board of county commissioners adopts a resolution under that section
on or before October 31, 2025, the reduction shall first apply, in
the case of real property taxes, to tax year 2025 or, in the case of
manufactured home taxes, to tax year 2026.

Section
759.10.
The
Director of Veterans Services shall investigate potential sites for
the construction of a state veterans home in or near the Columbus
metropolitan area and issue a report on the Director's findings to
the General Assembly in accordance with section 101.68 of the Revised
Code and to the Governor no later than September 30, 2026.

The
report shall include an evaluation of all relevant grant approval
criteria for priority-one grant funding under the State Veterans Home
Construction Grant Program operated by the United States Department
of Veterans Affairs and authorized under 38 U.S.C. 8131 to 8137 and
regulated under 38 C.F.R. part 59. The report also shall include an
estimate of the state's share of facility construction and land
acquisition costs under the grant program for each site.

Section
801.10.
Section
4141.29 of the Revised Code, as amended by this act, applies to valid
applications for determination of benefit rights filed on or after
the effective date of this section.

Section
801.20.
(A)
The amendment by this act of division (A)(18) of section 5747.01 of
the Revised Code is intended to clarify the meaning of that division
as it existed before the effective date of this section and is not
intended to change its meaning in any way.

(B)
The amendment by this act of division (S)(14) of section 5747.01 of
the Revised Code applies to taxable years beginning on and after
January 1, 2025.

(C)
The amendment by this act of divisions (A)(21) and (31) of section
5747.01 of the Revised Code applies to taxable years ending on or
after the effective date of this section.

(D)
The enactment by this act of division (A)(44) of section 5747.01 of
the Revised Code applies contributions described in that division
made on and after the effective date of this section.

Section
801.40.
The
amendment by this act of section 5747.09 and division (C) of section
5747.43 of the Revised Code applies to taxable years beginning on or
after January 1, 2025.

Section
801.60.
The
repeal and reenactment by this act of section 3780.22 of the Revised
Code applies on and after July 1, 2025.

Section
801.70.
The
amendment by this act of sections 5748.02, 5748.021, 5748.04,
5748.08, and 5748.09 of the Revised Code involving notice to the tax
commissioner applies to resolutions adopted under sections 5748.02,
5748.021, 5748.08, and 5748.09 and petitions filed under section
5748.04 of the Revised Code on or after the effective date of those
amendments.

Section
801.90.
The
amendment by this act of division (B) of section 5747.43 of the
Revised Code applies to taxable years beginning on or after January
1, 2026.

Section
801.100.
The
amendment by this act of sections 5747.021, 5748.01, 5748.02,
5748.021, 5748.03, 5748.04, 5748.08, 5748.081, and 5748.09 of the
Revised Code involving eliminating school district income taxes on
estates applies to any school district income tax, as defined in
section 5748.01 of the Revised Code, in effect, levied, or renewed on
or after January 1, 2026. The amendments do not invalidate or modify
any portions of a properly enacted tax in effect on that date, other
than those applicable to estates. For any school district income tax
in effect on that date, the school district is not required to adopt
a new resolution or obtain voter approval for the tax in order to
effectuate those amendments.

Section
801.110.
The
amendment by this act of section 3734.904 of the Revised Code takes
effect on January 1, 2026.

Section
801.120.
The
amendment by this act of every portion except the changes to the
withholding rate under sections 5747.062, 5747.063, and 5747.064 and
sections 718.031, 3123.89, 3123.90, 3770.071, 3770.072, 3770.073,
3770.10, 3770.25, and 3775.16 of the Revised Code and the enactment
by this act of sections 3770.074 and 3770.075 of the Revised Code
apply to amounts deducted and withheld on or after January 1, 2026.

Section
801.130.
The
amendment by this act of section 5747.071 of the Revised Code applies
to withholding requests made under that section on or after January
1, 2027.

Section
801.150.
The
enactment by this act of section 5747.073 of the Revised Code applies
to income tax withholding returns, reports, or payments filed or
remitted on or after January 1, 2026.

Section
801.160.
The
amendment by this act of section 5739.07 of the Revised Code applies
to refunds made pursuant to applications that are filed on or after
the effective date of this section.

Section
801.170.
The
amendment by this act of section 5739.132 of the Revised Code applies
to refunds allowed on and after the effective date of that amendment.

Section
801.180.
The
amendment by this act of section 5747.38 of the Revised Code applies
to taxable years ending on or after January 1, 2025.

Section
801.190.
The
amendment by this act of section 718.01 of the Revised Code applies
to taxable years ending on or after the effective date of this
section.

Section
801.210.
The
amendment by this act of division (A)(1) of section 5749.02 of the
Revised Code applies to calendar quarters ending on or after the
effective date of this section.

Section
801.220.
The
amendment by this act of section 3735.67 of the Revised Code applies
to all agreements entered into under section 3735.671 of the Revised
Code on or after January 1, 2025. The amendment by this act of
section 3735.671 of the Revised Code applies to agreements entered
into under that section before, on, or after the effective date of
this section.

Section
801.240.
The
amendment by this act of division (B)(1) of section 5739.12 of the
Revised Code applies to returns required to be filed on and after
January 1, 2026.

Section
801.260.
The
amendment by this act of section 5739.02 of the Revised Code, except
division (B)(13) of that section, applies on and after January 1,
2026.

Section
801.270.
The
amendment by this act of division (B)(8) of section 5739.01 of the
Revised Code applies on and after January 1, 2026.

Section
801.280.
The
amendment by this act of division (E)(1) of section 319.301 of the
Revised Code applies to tax years beginning on or after the effective
date of this section.

Section
801.310.
(A)
Except as otherwise provided in Sections 801.70 and 801.100 of this
act, the amendment by this act of sections 133.18, 306.32, 306.322,
345.01, 345.03, 345.04, 505.37, 505.48, 505.481, 511.28, 511.34,
513.18, 755.181, 1545.041, 1545.21, 1711.30, 3311.50, 3318.01,
3318.06, 3318.061, 3318.062, 3318.063, 3318.361, 3318.45, 3381.03,
4582.024, 4582.26, 5705.01, 5705.03, 5705.17, 5705.21, 5705.212,
5705.213, 5705.215, 5705.217, 5705.218, 5705.219, 5705.2111,
5705.2114, 5705.233, 5705.25, 5705.251, 5705.261, 5705.55, 5748.01,
5748.02, 5748.03, 5748.08, and 5748.09 of the Revised Code applies to
elections held on or after January 1, 2026, except as otherwise
provided in those amendments.

(B)
As used in this division, "former section 5705.192 of the
Revised Code" means section 5705.192 of the Revised Code as it
existed before the effective date of its repeal by this act.

If
a taxing authority, as defined in former section 5705.192 of the
Revised Code, acts under that section prior to its repeal by this act
to replace an existing levy and submit the question to electors at an
election held before January 1, 2026, then a board of elections shall
proceed to submit that question in accordance with that former
section, notwithstanding the effective date of its repeal by this
act. No replacement of a tax proposed under former section 5705.192
of the Revised Code shall be submitted to electors at an election
held on or after January 1, 2026.

Section
801.320.
The
amendment or enactment by this act of sections 307.696, 307.697,
4301.421, 5743.024, 5743.323, 5743.511, 5743.621, and 5743.631 of the
Revised Code applies to any proceedings commenced after the effective
date of this section, and, so far as their provisions support the
actions taken, also apply to proceedings that on that effective date
are pending, in progress, or completed, notwithstanding the
applicable law previously in effect or any provision to the contrary
in a prior resolution, ordinance, order, advertisement, notice, or
other proceeding. Any proceedings pending or in progress on that
effective date of that amendment or enactment shall be deemed to have
been taken in conformity with the amendment or enactment.

Section
801.330.
The
amendment by this act of division (A)(43) of section 5747.01 of the
Revised Code is remedial in nature and applies to taxable years
beginning on or after January 1, 2024, including any petition for
reassessment or appeal thereof pending on or after the effective date
of this section. A taxpayer who previously added amounts under
division (A)(43) of section 5747.01 of the Revised Code, as that
division existed before the effective date of this section, may file
an amended return to revise the addition consistent with the
amendment by this act. Such amended returns must be filed within one
year after the effective date of this section.

Section
801.340.
The
amendment by this act of sections 718.05 and 718.85 of the Revised
Code applies to returns required to be filed on or after January 1,
2026.

Section
801.350.
The
amendment by this act of division (L) of section 5739.01 of the
Revised Code applies beginning the first day of the first month after
the effective date of this section.

Section
801.360.
The
amendment by this act of section 3307.27 of the Revised Code applies
to an employment contract with a superintendent or principal under
section 3319.08 of the Revised Code entered into on and after the
effective date of this section. The amendment by this act of section
3309.47 of the Revised Code applies to an employment contract with a
treasurer under section 3313.22 of the Revised Code entered into on
and after the effective date of this section.

Section
805.10.
SEVERABILITY

The
items of law contained in this act, and their applications, are
severable. If any item of law contained in this act, or if any
application of any item of law contained in this act, is held
invalid, the invalidity does not affect other items of law contained
in this act and their applications that can be given effect without
the invalid item of law or application.

Section
810.10.
NO
EFFECT AFTER END OF BIENNIUM

An
item of law, other than an amending, enacting, or repealing clause,
that composes the whole or part of an uncodified section contained in
this act has no effect after June 30, 2027, unless its context
clearly indicates otherwise.

Section
820.10.
Sections
of this act prefixed with numbers in the 200s, 300s, 400s, and 500s
of this act are exempt from the referendum under Ohio Constitution,
Article II, Section 1d, and therefore take immediate effect when this
act becomes law.

Section
820.20.
The
amendment, enactment, or repeal by this act of the sections listed
below is exempt from the referendum under Ohio Constitution, Article
II, section 1d and section 1.471 of the Revised Code and therefore
takes effect immediately when this act becomes law or, if a later
effective date is specified below, on that date.

Sections
131.51, 3302.03, 3319.51, 3780.02, 3780.03, 3780.10, 3780.18,
3780.19, 3780.22, 3780.23, 3780.26, 3780.30, 4743.05, 4927.01,
4927.22, 5119.211, 5124.15, 5709.93, and 5751.02 of the Revised Code.

Section
820.30.
SUBJECT
TO REFERENDUM

Except
as otherwise provided in this act, the amendment, enactment, or
repeal by this act of a section is subject to the referendum under
Ohio Constitution, Article II, section 1c and therefore takes effect
on the ninety-first day after this act is filed with the Secretary of
State or, if a later effective date is specified below, on that date.

Section
820.70.
Section
1547.54 of the Revised Code, as amended by this act, takes effect
January 1, 2027.

Section
820.80.
Sections
127.13, 4505.09, and 4519.59 of the Revised Code as amended by this
act take effect on January 1, 2026.

Section
820.90.
Section
2303.201 of the Revised Code as amended by this act takes effect six
months after the effective date of this section.

Section
820.100.
Sections
3305.05 and 3305.053 of the Revised Code, as amended by this act,
take effect one year after the effective date of this section.

Section
820.110.
Sections
107.032 to 107.034 of the Revised Code, as amended or enacted by
Section 101.01 of this act, take effect July 1, 2026.

Section
820.120.
The
enactment by this act of sections 3313.902, 3314.38, and 3345.86 of
the Revised Code takes effect July 1, 2026.

Section
820.130.
Section
117.56 of the Revised Code as presented in this act takes effect on
the later of October 1, 2025, or the effective date of this section.
October 1, 2025, is the effective date of the enactment of that
section by H.B. 54 of the 136th General Assembly.

Section
830.10.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
if reasonably capable of simultaneous operation, finds that the
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:

Section
123.28 of the Revised Code as amended by both H.B. 64 and H.B. 141 of
the 131st General Assembly.

Section
124.385 of the Revised Code as amended by both H.B. 1 and H.B. 16 of
the 128th General Assembly.

Section
149.43 of the Revised Code as amended by H.B. 265, H.B. 315, S.B. 29,
and S.B. 109, all of the 135th General Assembly.

Section
173.38 of the Revised Code as amended by both H.B. 110 and S.B. 217
of the 134th General Assembly.

Section
173.381 of the Revised Code as amended by both H.B. 110 and S.B. 217
of the 134th General Assembly.

Section
323.152 of the Revised Code as amended by both H.B. 33 and S.B. 43 of
the 135th General Assembly.

Section
505.37 of the Revised Code as amended by both H.B. 315 and H.B. 496
of the 135th General Assembly.

Section
2925.14 of the Revised Code as amended by both H.B. 29 and S.B. 95 of
the 135th General Assembly.

Section
2929.12 of the Revised Code as amended by both H.B. 234 and H.B. 531
of the 135th General Assembly.

Section
2929.15 of the Revised Code as amended by H.B. 110, H.B. 281, and
S.B. 288, all of the 134th General Assembly.

Section
2967.18 of the Revised Code as amended by both H.B. 180 and H.B. 445
of the 121st General Assembly.

Section
3302.03 of the Revised Code as amended by both S.B. 104 and S.B. 168
of the 135th General Assembly.

Section
3314.03 of the Revised Code as amended by H.B. 8, H.B. 214, H.B. 250,
S.B. 104, S.B. 168, S.B. 208, and S.B. 234, all of the 135th General
Assembly.

Section
3326.11 of the Revised Code as amended by H.B. 8, H.B. 47, H.B. 214,
S.B. 104, S.B. 168, S.B. 208, and S.B. 234, all of the 135th General
Assembly.

Section
3328.24 of the Revised Code as amended by both S.B. 208 and S.B. 234
of the 135th General Assembly.

Section
3517.11 of the Revised Code as amended by both H.B. 166 and S.B. 107
of the 133rd General Assembly.

Section
3701.79 of the Revised Code as amended by both H.B. 281 and S.B. 157
of the 134th General Assembly.

Section
4141.29 of the Revised Code as amended by both H.B. 49 and H.B. 158
of the 132nd General Assembly.

Section
4501.21 of the Revised Code as amended by both H.B. 315 and S.B. 163
of the 135th General Assembly.

Section
4517.01 of the Revised Code as amended by both H.B. 33 and H.B. 195
of the 135th General Assembly.

Section
4725.48 of the Revised Code as amended by both H.B. 509 and S.B. 131
of the 134th General Assembly.

Section
4731.22 of the Revised Code as amended by both S.B. 95 and S.B. 109
of the 135th General Assembly.

Section
4751.20 of the Revised Code as amended by both H.B. 509 and S.B. 131
of the 134th General Assembly.

Section
5101.35 of the Revised Code as amended by both H.B. 33 and S.B. 21 of
the 135th General Assembly.

Section
5117.07 of the Revised Code as amended by both H.B. 283 and S.B. 3 of
the 123rd General Assembly.

Section
5122.03 of the Revised Code as amended by both H.B. 281 and S.B. 2 of
the 134th General Assembly.

Section
5122.15 of the Revised Code as amended by both H.B. 7 and H.B. 281 of
the 134th General Assembly.

Section
5123.169 of the Revised Code as amended by H.B. 263 of the 133rd
General Assembly and S.B. 3 of the 134th General Assembly.

Section
5123.41 of the Revised Code as amended by both H.B. 158 and H.B. 483
of the 131st General Assembly.

Section
5123.42 of the Revised Code as amended by both H.B. 158 and H.B. 483
of the 131st General Assembly.

Section
5739.01 of the Revised Code as amended by both H.B. 315 and S.B. 196
of the 135th General Assembly.

Section
5739.31 of the Revised Code as amended by both S.B. 143 and S.B. 200
of the 124th General Assembly.

Section
5747.01 of the Revised Code as amended by both H.B. 101 and S.B. 154
of the 135th General Assembly.

Section
6111.04 of the Revised Code as amended by both H.B. 49 and S.B. 2 of
the 132nd General Assembly.

Speaker
___________________ of the House of Representatives.

President
___________________ of the Senate.

Passed
________________________, 20____

Approved
________________________, 20____

Governor.

The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.

Director, Legislative
Service Commission.

Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.

Secretary of State.

File
No. _________ Effective Date ___________________